THE DECLARATIONS AND OTHER PLEAD, Contained in the eleven PARTS of THE REPORTS OF Sir EDWARD COKE Knight, SOMETIME Lord Chief Justice of ENGLAND; and one of his Majesty's Council of ESTATE.  
Rendered into English, By W. HUGH'S of Grays-inn, Esquire. For the benefit of all Students, and Practizers of the Common Law.  
With a Perfect TABLE of the Principal Matters thereunto Annexed.   woodcut, Tudor rose with crowned heart. 
LONDON, Printed for W. Lee, D. Pakeman, and G. Bedell, to be sold at their Shops in Fleetstreet. 1659.   


ACTIONS upon the CASE.  

Easter Term, Anno 43. in the King's Bench, Rott. 569. 1 Lutterels Case, Co. 4. part. fol. 84. b.  
MEmorandum, That at another time, That is to say, 
Summer. ss.  in the Term of St. Michael last passed, before our Lady the Queen at Westminster, came Edward Cottel Gent. by John Nightingale his Attorney, and brought here in the Court of the said Lady the Queen, then and there, his Bill against George Lutterell, Esq. Robert Norcome, and John Quick in the Custody of the Marshal, etc. of a Plea of Trespass upon the Case: And are Pledges of suit, John Do, and Richa●d Roose, which Bill follows in these Words: ss. Somerset. ss. Edward Cottell, Gent. complaneth of George Lutterell, Esq. Robert Norcome, and John Quick, in the Custody of the Marshal of the marshalsea of the said Lady the Queen, before the Queen being, for that, viz. That whereas the said Edward, the 4th. day of May in the 41th. year of the Reign of the said Lady Elizabeth, now Queen of England, and before, he was seized of and in Two ancient and ruinous Fulling Mills with the appurtenances in Dunster, in the County aforesaid, in his Demesn as of Fee, To which Fulling Mills, a great part of the Water of the River in Dunster aforesaid, from a certain place called the Headwear of the said River in Dunster aforesaid, the said 4th. day of May, the 41. year aforesaid did run; and also before, time out of memory of Men continually accustomed and used to run; And whereas also, the said 4th. day of May, in the 41. year aforesaid, and before, time out of the memory of Men, for the preservation, direction, and continuing of the right course of the said great part of the Water of the River aforesaid, to run to the Fulling Mills aforesaid, A certain thick bank was made of Timber and Earth near and above the Mills aforesaid, on the West part of the Course of the said great part of the said Water of the River aforesaid, and was near adjoining to a certain Street, commonly called West-street, in Dunster aforesaid: And also whereas, the said Edward, of the aforesaid Fulling Mills, with the appurtenances in the form aforesaid being seized, Afterwards, that is to say, the 28th. day of October, in the 41. year of the said Lady the Queen that now is, The said two Fulling Mills, (as before is said) being ruinous, did totally pull down, and afterwards, that is to say, The 20th. day of June, in the year of the Reign of the said Lady the Queen that now is, the 42. at Dunster aforesaid, in the County aforesaid, in the places of them, and where the aforesaid Two Fulling Mills before were made and built, upon the aforesaid great part of the said Water of the River aforesaid, Two Corn Mills for the grinding of Corn newly had builded, erected, and perfected, By reason whereof the said Edward then was seized, and as yet is seized of the said two Corn Mills (so as before is said) new built, erected, and perfected, in his Demesn as of Fee, and the aforesaid great part of the Water of the River aforesaid, in Dunster aforesaid, from the the said place called the Headwear, of the said River in Dunster aforesaid, from the time of the new building, erecting and perfecting of the aforesaid his Corn Mills, until the 10 th'. day of September than next following did run: By pretence of which, The said Edward, after the building of the said Two Corn Mills, until the said 10th. day of September, divers gains and profits of the said people of the Lady the Queen that now is, for the grinding of their Corn at the said Corn Mills had gotten; Yet the said George, Robert, and John not ignorant of the premises, maliciously devising, and intending, the said ●dward un justly to molest, and him altogether to hinder and deprive of the profits of the grinding of their Corn Mills aforesaid, the said 10 th'. day of September, in the 43. year aforesaid, The said thick bank aforesaid, did dig and break, And the whole aforesaid great part of the aforesaid Water of the River aforesaid, which to the aforesaid Corn Mills of the said Edward from the said place called the Headwear, did run, and aught and used to run, from his ancient and used course, That is to say, in the said Street, commonly called the West-street, in Dunster aforesaid, did divert and withdraw, whereby the said Edward, of the grinding of the whole profit of their Corn Mills afore, for a great time, That is to say, from the aforesaid 10 th'. day of September, in the 42. year aforesaid, until the bringing of this Bill, viz. that is to say, the 20 th'. day of November, in the Reign of the said Lady the Queen that now is, the 43. wholly lost, to the damage of the said Edward 200 l. And therefore he brings his Suit. And now at this day, that is to say, Wednesday next after 15. days of Easter this Term, until which day the said George, Robert, and John, had licence to imparl, and then to answer, etc. before the said Lady the Queen at Westminster, come as well the said Edward by his Attorney aforesaid, as the said George, Robert, and John Quick, by Stephen Brodrippe their Attorney, and the said George, Robert, and John, defend the force and injury, when, etc. And say, that they are thereof no ways guilty, And of this put themselves upon the Country; And the said Edward likewise, etc. Wherefore, a Jury was to come before the said Lady the Queen at Westminster, upon Thursday, in 15. days of the Holy Trinity, and who neither, etc. And because as well, etc. The same day is given to the parties aforesaid, here, etc. Afterwards process was continued between the parties aforesaid, of the plea aforesaid, by Juries thereof respited between them before the said Lady the Queen, at Westminster, until Friday next after 8. days of St. Michael then next following, Unless the Justice● of the Lady the Queen assigned to take Assizes in the County aforesaid, First, upon Thursday the 6 th'. day of August, at the Castle of Taunton in the County aforesaid, by the form of the Statute, etc. shall come for default of Jurors, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorneyes aforesaid, And the aforesaid Justices of the Assizes, before whom, etc. sent hither their Record had before them in these words. 1 ss. Afterwards the day and place within contained, before William Periam Knt. Chief Baron of the Queen's Exchequer, and Edward Fennier, one of the Justices of the said Lady the Queen, of Pleas holden before the said Queen, Assigned Justices of the said Lady the Queen, Assigned to take Assizes in the said County of Somerset, by the form of the Statute, etc. come as well the said David Cottell Gent. by Adrian Street his Attorney, As the within written George Lutterell, Rob. Norcome, and John Quick, by Henry Collier their Attorney: And the Jury whereof mention is within made, being likewise called, came, who being chosen, tried, and sworn to say the truth of the matter within contained, Say, upon their Oath, That the said George, Robert, and John are guilty of the premises within put unto them. As the said Edward Cottell within against them complaineth; And they do assess the damages of the said Edward, for the occasion within written, besides Costs and Charges by him about his suit in his part expended set to 40. s. and for Charges and Costs of suit 10 5. s. Therefore it is granted, That the said Edward, shall recover against the said George, Robert, and John, his damages aforesaid by the Jury, in form aforesaid assessed; As also 6. l. for his Costs to the said Edward, by the Court of the Lady the Queen, here with his assent of increase adjudged; which damages in the whole, do amount to 8. l. and 5. s. And the said George, Robert, and john, in mercy, etc.   

Hillary Term, 38. Eliz. Anno 305. in the King's Bench, Slades Case, Co. 4. part. Fol. 91. a.  
MEmorandum, At another time, That is to say, The Term of St. Michael 
Devon. ss  last passed, before the Lady the Queen at Westminster, came John Slade, by Nicholas Wear his Attorney, and brought there in the Court of the said Lady the Queen then there, a certain Bill against Humphrey Morley, in the Custody of the Marshal, etc. Of a Plea of Trespass upon the Case: And are Pledges of suit, John Do, and Richard Roose, which Bill followeth in these Words: ss. Devon. ss. John Slade complaineth of Humphrey Morley, in the Custody of the Marshal of the marshalsea of the Lady the Queen, before the Queen herself being, for that, that is to say, That whereas the said John, the 10th. day of November, in the year of the Reign of the said Lady Elizabeth, now Queen of England the 36th. was possessed for the Term of divers years then and yet to come, of, and in one Close of Land with the appurtenances in Halberton, in the County aforesaid, called Rack Park, containing by estimation 8. Acres, and so hereof being possessed, The said John afterwards, That is to say, the said 10th. day of November, in the 36th. year aforesaid, had sowed the said Close with Wheat and Rye, which Wheat and Rye in the Close aforesaid, by the said John (so as before is said) sowed, afterwards, That is to say, the 8th. day of May, in the year of the Reign of the said Lady the Queen, that now is, the 37th. were grown into ears. The said Humphrey, the aforesaid 8th. day of May in the said 37. aforesaid, The said Wheat and Rye in ears upon the Close aforesaid (as before is said) then growing, at Halberton aforesaid, in consideration that the said John then and there at the special instance and request of the said Humphrey had bargained and sold unto the said Humphrey to the use and behoof of the said Humphrey, All the ears of Wheat and Co●n which then did grow upon the said Close called the Rack Park (the Tithes thereof to the Rector of the Church of Halberton aforesaid due only excepted) did assume and then and there faithfully promised, That he the said Humphrey sixteen pounds of lawful Money of England, to the aforesaid John, in the Feast of St. John the Baptist, than next following, would well and truly content and pay: Yet the said Humphrey, his assumption and promise aforesaid little regarding, but endeavouring and intending the said John of the aforesaid 16. l. in that part subtly and craftily to deceive and defraud, the said 16. l. to the said John according to his assuming and promise hath not yet paid, nor any way for the same contented him, although the said Humphrey thereunto afterwards, That is to say, the last day of September, in the year of the Reign of the said Lady the Queen that now is, the 37. aforesaid, at Halberton aforesaid, by the said John was oftentimes thereunto required, but to pay him, or content to pay him altogether refused, and doth yet refuse; Whereupon the said John saith he is the worse, and hath damage to the value of 40. pounds and thereof he bringeth suit, etc. And now at this day, That is to say, Friday next after the 8. day of St. Hillary, the self same Term, until which day aforesaid, the said Humphrey had licence to imparl to the Bill aforesaid, and then to answer, etc. before the Lady the Queen at Westminster, cometh▪ well the said John by his Attorney aforesaid, as the said Humphrey by John Halstaff his Attorney; and he the said Humphrey doth defend the force and Injury when, etc. And saith, That he did not take upon him in manner and form, as the said John Slade hath complained against him; And upon that putteth himself upon the Country; and the said John Slade likewise, etc. Therefore a Jury was to come before the said Lady the Queen at Westminster, upon Thursday next after 8. days of the Purification of the blessed Mary, etc. and who neither, etc. And because as well, etc. The same day is given to the parties aforesaid there, etc. Afterwards process was continued between the parties aforesaid, of the Plea aforesaid, by Juries thereof respited between them before the Lady the Queen at Westminster, until Wednesday next after the fifteenth day of Easter the next, etc. following, Unless the Justices of the Lady the Queen to take Assizes, first upon Monday the second Week of Lent, at the Castle at Exeter, in the County aforesaid, by the form of the Statute, etc. shall come, for default of Jurors, etc. At which Wednesday, before the Lady the Queen at Westminster aforesaid, came the parties aforesaid, by their Attorney's aforesaid, And the before said Justices of Assizes, before whom, etc. sent hither their Record before them had in these words. ss. Afterwards the day and place within mentioned, before Thomas Walmesley, one o● the Justices of the Queen o● the Common Pleas, and Edward Fenner one of the Justice o● the said Lady and Queen, assigned to hold plea before the Queen her sell, Justice's o● the said Lady the Queen assigned to take Assizes in the County a o●oesaid, by form of the Statute, etc. come as well he was named John Slade by Thomas Clayton his Attorney, as the within written Humphrey Morley by Henry Collier his Attorney, and the Jurors sworn, whereof mention is within made likewise, being called came, who to say the truth of the matters within contained, being chosen, tried, and sworn; say upon their Oath, That the said Humphrey Morley did buy of the said John Slade the within written Wheat and Rye, in ears upon the within written Close (as is said before) growing being, for 16. pound of good and lawful money of England, To be paid to the said john Slade in the Feast of St. john the Baptist, than next following, as in the Declaration within written is within specified; And further, The said Jurors say, upon their Oath aforesaid, That betwixt the said john Slade, and the said Humphrey Morley, There was no promise or taking upon him, besides the bargain aforesaid: But whether upon the whole matter aforesaid, by the said Jurors in form aforesaid found, The said Humphrey Morley did take upon him in manner and form, as in the Declaration within written, within specified, or no, the said Jurors are altogether ignorant, and thereof they ask the Advice and Consideration of the Court here, etc. And if upon the whole matter aforesaid, by the said Jurors in form aforesaid found. It shall seem to the Justices of the Court here, That the said Humphrey Morley, did take upon him in manner and form, in the Declaration within specified, Then the said Jurors say upon their Oath aforesaid, That the aforesaid Humphrey Morley, did take upon him in manner and form, as the aforesaid john Slade within against him complaineth; And then they do assess the damages of the said john Slade, by occasion of not performance of his promise, and taking upon him within written, besides his charges and his costs by him, in the suit aforesaid by him expended to Sixteen pounds: And for those charges and costs by Twenty Shillings: And if upon the whole matter by the said Jurors, in form aforesaid found, It shall seem to the said Justices and Court here, That the said Humphrey Morley, did not take upon him in manner and form, in the Declaration within specified, Then the said Jurors say upon their Oath, That the said Humphrey did not take upon him in manner and form, as the said Humphrey hath within alleged: And because the Court of the Lady the Queen here of their judgement of, and upon the premises to be given, is not yet avised; Day is given to the parties aforesaid, in State as now it is before the Lady the Queen at Westminster, until Monday next after 15. days of the Holy Trinity, to hear their judgement of and upon the premises: Because the Court of the Lady the Queen here thereof not yet, etc. And so from Term to Term, until Saturday next after 8. days of St. Michael to hear their judgement of and upon the premises: Because the Court of the Lady the Queen, here not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, came the parties aforesaid in their proper persons: Upon which seen, and by the Court of the Lady the Queen, all and singular the premises fully understood, and mature deliberation being thereupon had, For that it seemeth to the Court of the said Lady the Queen now here, That the said Humphrey did take upon him in manner and form, in the Declaration aforesaid above specified: It is granted, That the aforesaid John Slade shall recover against the said Humphrey Morley, his damages and costs aforesaid, by the Jurors aforesaid, in form aforesaid assessed: As also Nine pounds for his charges and costs aforesaid to the said John Slade, by the Court of the said Lady the Queen, here by his assènt of encease adjudged, which damages in the whole do amount to Twenty and six pounds. And the said Humphrey Morley in mercy, etc.   

Hillary Term. 8. Jacobi, Rott. 1112. William Banes Case, C. 9 part fol. 91. a.  
Memorandum, That at another time, that is to say, In the Term of St. Michael last passed, before the King at Westminster, cometh William Banes, by Thomas Ferrer his Attorney, and brought here in the Court before the said Lord the King that now is, his Bill against Edward Pain, and Mary his Wife, in the Custody of the Marshal, of a Plea of Trespass upon the Case, And are Pledges of Suit, that is to say, John Do, and Richard Roose, Which Bill followeth in these words. ss. Willam Banes complaineth of Edward Paine, and Mary his Wife, in the Custody of the Marshal of the marshalsea of the Lord the King, before the King himself being, for that is to say, That whereas one William Havert, in his life time, the late Husband of the aforesaid Mary, That is to say, the first day of March, in the year of the Reign of the Lord James, that now is King of England, the 6th. at London, that is to say, in the Parish of the blessed Mary of Bow in the Ward of Cheap London, was indebted to the said William Banes in 77. pounds of lawful Money of England, for divers sums of Money to him the said William Havert by the aforesaid William Banes, give to loan and lent; And so being indebted, the said William Havert afterwards, that is to say, the 6th. day of April, in the year of the Reign of the Lord the King that now is of England, the 7th. at London, in the Parish and Ward aforesaid, lying sick, earnestly required the said Mary then his Wife, to pay to the said William Banes, after the death of the said William Havert, the said 77. pounds; And then and there the said William Havert made his Testament and last Will, and made and constituted the said Mary Executrix of his said last Will, & then there died; After whose death, the said Mary took opon her the burden of Execution of the Testament aforesaid; And whereas, the aforesaid Mary, after the death of the said William Havert, by colour of the last Will aforesaid, was possessed of the interest of a Term for divers years, then and yet to come, Of and in certain Gardens, and a Bowling-Ally, situate and being in Morefield, that is to say, in the Parish of St. Leonard in Shoreditch, in the County of Midd. And the said Mary when she was single, perceiving that the aforesaid William Banes, intented to trouble and sue the said Mary for the aforesaid 77. pounds, (because that the said Mary, the said 77. pounds to the said William Banes, after the death of the aforesaid William Havert her Husband deceased had not paid,) the said Mary whilst she was single, afterwards, that is to say, 25th. day of June, in the year of the Reign of the said Lord the King that now is of Engl. the 7th. aforesaid, At London aforesaid, in the Parish and Ward aforesaid. In consideration that the said William Banes, at the instance and especial request of the said Mary, should not trouble, or sue the said Mary, for the said 77. pounds, but would forbear the payment thereof until the next Quarter, that is to say, until the Feast of St. Michael the Archangel than next following, Promised unto the said William Banes then and there faithfully, That she the said Mary, the aforesaid 77. pounds to the said William Banes then at that next Quarter, that is to say, at the Feast of St. Michael the Archangel, than next following the promise aforesaid, in the 7th. year aforesaid, well and truly would pay and content, Or otherwise the said Mary, then and there would assign to the said William Banes for his security in that behalf, for the payment of the aforesaid 77. pounds. All the Interest of the Term of years, which she the said Mary then had to come of and in the Gardens, and Bowling-Ally aforesaid, if the said Mary the said 77. pounds to the said William Banes, according to her assumption and promise aforesaid had not paid. And the said William Banes further saith, That he the said William Banes giving Faith to the promise and undertaking of the said Mary, did not trouble or sue the said Mary for the said 77. pounds, but did forbear the payment thereof, from the time of the promise aforesaid, until the Feast of St. Michael the Archangel, next following the promise aforesaid, in the year aforesaid; And the said William Banes further saith, That after the premises aforesaid, in form aforesaid, that is to say, the 10th. day of November, in the 4th year aforesaid, at London aforesaid, in the Parish and Ward aforesaid, the said Mary took to Husband the aforesaid Edward Pain: Yet the aforesaid Mary, whilst she was single, or the said Edward and Mary after the Marriage between them solemnised, the undertaking & promise of the said Mary whilst she was single little regarding, but threating, and fraudulently intending the said William Banes, of the aforesaid 77. pounds, craftily and subtly to deceive, and defraud of the said 77. pounds, nor the said Mary, whilst she herself was single to the said William Banes at the aforesaid Quarter, that is to say, at the Feast of St. Michael the Archangel next following the promise aforesaid, in the 7th. year aforesaid, according to the promise and undertaking aforesaid, in this behalf paid, or any was for the same contented, or otherwise, then and there at that Feast did not assign to the said William Banes, All the Interest of the Term of years which she the said Mary then had to come of and in the Gardens and Bowling-Alley aforesaid, Nor the said Edward and Mary, the Marriage betwixt them being celebrated, at any time after he his the aforesaid 77. pounds, to the said William Banes, according to the promise and undertaking of the said Mary aforesaid, have paid, or any ways for the same have contented him, Or all the Interest aforesaid of the Term of years, of the said Edward and Mary, of and in the Gardens and Bowling-Ally aforesaid, according to the promise and undertaking of the said Mary to the said William Banes for his security in that behalf hitherto have assigned, although this to do by the said William Banes, the said Mary whilst she was single, and the said Edward and Mary after the Marriage betwixt them celebrated, that is to say, the last day of September, in the year of the Reign of the said Lord the King, that now is of England, the 8th. at London aforesaid, in the Parish and Ward aforesaid, often were required. By which, the said William Banes, all the gain, commodity, and profit, which he with the aforesaid 77. pounds, in buying, selling, and lawfully bargaining, could have had or gained, if the said Mary her promise and undertaking aforesaid, in form aforesaid had performed, utterly lost, whereupon, the said William Banes saith, That he is the worse, and hath damage to the value of one 100 pound, And hereof bringeth suit, etc. And now, at this day, that is to say, Wednesday next after 8. days of St. Hillary this same Term, until which day the said Edward and Mary had Licence to the Bill aforesaid to imparl, and then to Answer, etc. before the Lord the King at. Westminster, cometh as well the aforesaid William Banes by his Attorney aforesaid, as the said Edward and Mary by Isham Novel their Attorney; and the said Edward and Mary, defend the force and injury when, etc. And say, That the said Mary did not take upon her in manner and form, as the aforesaid William Banes above against them hath declared, And of this put themselves upon the Country, and the aforesaid William Banes likewise, etc.  
Therefore a Jury thereof was to come before the Lord the King at Westminster, upon Monday next after 15. days of St. Hillary; and who neither, etc. Because as well, etc. The same day is given to the parties aforesaid here, etc. Afterwards the Profess was continued between the parties aforesaid, of the Plea aforesaid, by Jurors thereof put between them, in respite before the Lord the King at Westminster until Tuesday next, after 8. days of the Purification of the blessed Lady than next following, unless the beloved and faithful of the Lord the King, Thomas Flending Knight, Chief Justice of the Lord the King of Pleas, in the Court of the said Lord the King, before the King himself to be holden, assigned, first upon Monday next, after the aforesaid 8. days of Purification of the blessed Lady, at the Guild-hall London, by form of the Statute, etc. cometh, for default of Jurours, etc. At which day, before the Lord the King at Westminster, cometh the aforesaid William Banes by his Attorney aforesaid, and the aforesaid Chief Justice, before whom, etc. Sent here, his Record before him had in these words. Afterwards, the day, and place within contained before the beloved and faithful of the said Lord the King, Thomas Flending Knight Chief Justice within written, associating to himself, William Price according to the form of the Statute, came as well the within named William Banes, as the within written Edward Pain, and Mary his wife by their Attorneys within written, and the Jurours of the Jury, whereof within is made mention likewise came; and to speak the truth of the matter within contained, elected, tried, and sworn; say upon his Oath, That the within named, Mary took upon her in manner and form, as the within written, William Banes within against them hath declared, and they assess the damages of the said William, by occasion of not performing the promise, and undertake within written, besides the Charges and Costs by him about his suit in his behalf expended to 80. pounds, and for his charges and costs, to 53. shillings, and 4. pence. Therefore it is granted, That the aforesaid William Banes, shall recover against the said Edward Pain, and Mary his wife, the damages aforesaid, in form aforesaid assessed, as also 5. pounds, 6. shillings, 8. pence for his charges and costs aforesaid, to the said William, by the Court of the said Lord the King here with his assert, of increase adjudged. Which damages in the whole, do amount to 88 pound; and the said Edward Pain, and Mary his wife in mercy, etc.    

Assize.  

Trinity Term, Aº 6 to. of King James, calvin's Case, Co. 7. part. Fol. 1. a.  
IAmes by the Grace of God of England, Scotland, Erance, and Ireland King, defender of the Faith, etc. To the Sheriff of Middlesex Greetings.  
Robert Calvin Gent. hath complained to us, That Richard Smith, and Nicholas Smith unjustly, and without Judgement, have disseized him of his Freehold in Haggord, otherwise Haggerston, otherwise Aggerston, in the Parish of St. Leonard in Shoreditch, within 30. years now last passed, and therefore we command you, That if the said Robert shall secure you to prosecute his claim, Then that you cause the said Tenement, to be reseised of the Chattels, which within it were taken, and the said Tenement with the Chattels, to be in Peace until Thursday next after 15. days of Saint Martin next coming; and in the mean time, cause 12. free and legal men of that venew, to see the said Tenement, and the names of them to be unbrevicted, and summon them by good summonors, that they be before us where ever we be in England, ready thereof to make Recognition, and put by sureties, and pledges, the aforesaid Richard, and Nicholas, that then they be there, to hear the Recognition, and have there the summons, the names of the Pledges, and this Writ,  
Witness myself at Westminster, the 3. day of November, in the year of our Reign of England, France, and Ireland the 5th. and of Scotland, the one and fortieth. For 40. s. paid in the Hamper, KINDESLEY.   

THe Assize cometh to Recognize, If Richard Smith, and Nicholas Smith unjustly and without Judgement, did disseise Robert Calvin Gent. of his Freehold in Haggard, otherwise Haggerston, otherwise Aggerston, in the Parish of St. Leonard in Shoreditch, within 30. years now last passed: And whereupon, The said Robert, who is within the age of 21. years, by John Parkinson, and William Parkinson his Guardians, which the Court of the said King hereto this have jointly, and severally, specially are admitted, Complaineth, That they disseised him of the Message with the Appurtenances, etc. And the said Richard, and Nicholas, by William Edward's their Attorney, come, and say, That the said Robert, ought not to be Answered to his Writ aforesaid, because they say, That the said Robert is an Alien born, the 4th. day of November, in the Reign of the King that now is, of England, France, and Ireland the third, and of Scotland the 34th. At Edinburgh within his Kingdom of Scotland aforesaid, and within the Allegiance of the said Lord the King, of the said Kingdom of Scotland, and without the Allegiance of the said Lord the King, of his Kingdom of England; and at the time of the birth of the said Robert Calvin, and long before, and continually after the aforesaid Kingdom of Scotland, by the proper Rights, Laws, and Statutes of the same Kingdom, and not by the Rights, Laws, and Statutes of this Kingdom of England, was Ruled and Governed, and yet is. And this he is ready to aver, and thereupon prayeth Judgement, If the said Robert, to his said Writ aforesaid, aught to be answered, etc. And the aforesaid Robert Calvin saith, That the aforesaid Plea, by the aforesaid Richard, and Nicholas above pleaded, is in sufficient in Law, to him the said Robert to Answer, and to Bar him to have his Writ aforesaid; & that the said Robert, to the said Plea in manner and form pleaded needeth not, nor by the Law of the Land is holden to Answer, and this he is ready to aver, & hereof prayeth Judgement; and that the said Kichard, and Nicholas, to the aforesaid Writ of the said Robert do Answer. And the said Richard, and Nicholas, for as much as they sufficient in matter in Law to him the said Robert to Answer, have to his Writ aforesaid in Bar above have alleged, which they are ready to aver which matter, the aforesaid Robert doth not gainsay, nor to the same doth in any ways Answer, but the said Averment altogether to admit, refuseth as at first, demandeth Judgement, if the aforesaid Robert to his Writ aforesaid ought to be admitted, etc. And because, the Court of the Lord the King, here are not yet avised of giving her Judgement of and upon the premises, day thereof is given to the parties aforesaid, before the Lord the King at Westminster until Monday next, after 8. days of St. Hillary, to hear there Judgement thereof, because the Court of the Lord the King here thereof are not yet, etc. And the Assize aforesaid, remain to be taken before the said Lord the King, until the same Monday there, etc. And the Sheriff to distrein the Recognitors of the Assize aforesaid: And before to make view, etc. At which day, before the Lord the King at Westminster, cometh as well the aforesaid Robert Calvin by his Guardians aforesaid, as the aforesaid Richard Smith, and Nicholas Smith by their Attorney aforesaid, and because, the Court of the Lord the King hereof giving their Judgement of, and upon the premises is not yet avised, day hereof is given to the parties aforesaid before the Lord the King at Westminster, until Monday next, the morrow of the ascension of our Lord, to hear their Judgement, because the Court of the Lord the King here are not yet, etc. And the Assize aforesaid, remain further to be taken, until the same Monday there, etc. At which day before the Lord the King at Westminster, cometh as well the aforesaid Robert Calvin by his Guardians aforesaid, as the aforesaid Richard Smith, and Nicholas Smith by their Attorney aforesaid, etc. And because the Court, etc. Upon which Seen, and by the Court of the Lord the King, here all and singular the prepremises fully understood, and diligently looked into and examined, and mature deliberation hereof being had, because it seemeth to the Court of the Lord the King that now is here, that the Plea aforesaid, of the said Richard Smith, and Nicholas Smith above pleaded, is not sufficient in Law, to the aforesaid Robert Calvin, to have Answer to his Writ aforesaid to Bar, Therefore it is considered, by the Court of the Lord the King that now is here, That the aforesaid Richard Smith, and Nicholas Smith, to the Writ of the said Robert further Answer, etc.   

Michael 25. and 26. of Queen Elizabeth. Rot 144. 
Assize.  Dowmans' Case, C. 9th. part. Fol. 1. a.  
THe Assize came to Recognise if Edward Vavasor Esquire, George Vavasor Gent. Richard Coats, John Lawson, William Musgrave, Robert Thissylwood, and Robert Ward unjustly, etc. Disseised Thomas Dowman Esq. and Elizabeth his wife, of their Freehold in Spaldington, Willitoft, and Southcate, within 30. years now last passed, etc. And whereupon, the said Thomas, and Elizabeth, by Henry Cressey, Their Attorney complain, That they disseised them of 6. Messages, 300. Acres of Land, 100 Acres of Meadow, and 200. Acres of pasture with their appurtenances, etc. And the aforesaid Edward, George, Richard, John, Robort Thyssylwood, and Robert Ward by Edward Latimer, their Attorney come, etc. And upon this, for certain causes to the Justices here specialty moving, day is given before the same Justices, to the aforesaid Edward, George, Richard, John, Will, Robert, and Robert to plead here until Tuesday next following, etc. The same day is given to the aforesaid Thomas and Elizabeth here, etc. At which day come, as well the aforesaid Thomas and Elizabeth, as the aforesaid Edward, George, Richard, John, William, Robert, and Robert, by their Attorneys aforesaid: And upon this, and certain causes to the Justices here sperially moving, The Assize aforesaid, is farther adjourned before the same Justices, unto the Justice's Inn, in Chancery Lane London, until the morrow of Saint Martin next coming, at which day, at the aforesaid Inn of the Justices, before the aforesaid Justices, come as well the aforesaid Thomas, and Elizabeth, as the aforesaid Edward, George, Richard, John, William, Robert, and Robert by their Attorneys aforesaid, and upon this, the aforesaid George, Richard, John, William, Robert, and Robert say, that they have nothing in the aforesaid Tenements, with the appurtenances in the view of the Recognitors of the Assize aforesaid put, and in the plaint aforesaid specified, nor had at the day of the Original Writ of Assize aforesaid brought, nor ever after, nor any injury, nor disseisin to the aforesaid Thomas, and Elizabeth thereof did: and of this they put themselves upon the Assize; and the aforesaid Thomas, and Elizabeth likewise, etc. Therefore let the Assize be taken between them, etc. And the aforesaid Edward, defend and Tenement of the Freehold of the Tenements aforesaid, with the appurtenances in view of the Recognitors of the Assize aforesaid put, and in the plaint abovesaid specified; he saith, That the Assize thereof between him the said Edward, and the aforesaid Thomas, and Elizabeth, ought not to be, because he saith, That one Peter Vavasor Esquire, was seized of the aforesaid Tenements with the appurtenances, in the view of the Recognitors of the Assize aforesaid put, and in the plaint aforesaid specified, amongst other things in his demesn as of Fee; and he hereof so being seized, One Andrew Windsor Esquire, William Vavasor, Peter Vavasor the younger, and John Laundree Gent. at another time, That is to say, The second day of January, in the year of the Reign of the said Lady the Queen that now is, the 15th. out of the Court of Chancery of the said Lady the Queen, the said Court of Chancery then being at Westminster in the County of Middlesex, sued forth a certain Writ of the said Lady the Queen of Entry upon Disseisin in the Post, against the aforesaid Peter Vavasor Esquire, of the aforesaid Tenements with the appurtenances, in the view of the Recognitors of the Assize aforesaid put, and in the plaint aforesaid specified, with the appurtenances, amongst other, the same Peter Vavasor Esq. then being Tenant of the Freehold, of the Tenements aforesaid with the appurtenances, to the then Sheriff of the County of York directed, (and so plead a Common Recovery) which Recovery in form aforesaid had, was had, and was to the use of the aforesaid Peter Vavasor, for the Term of his nataral life, without impeachment of any waist, and after his decease, then to the use of the Eldest Son, lawfully begotten of the said Peter Vavasor Esq. and the Heirs Males of the body of the same Eldest Son lawfully begotten. And for default of such issue male of the body of the same Eldest Son, then to the use of the second Son, of the body of the aforesaid Peter Vavasor Esquire lawfully begotten, and the heirs males of the body of the same second Son lawfully begotten, (and so unto the 9th. Son,) and for default of such issue male of the body of the said 9th. Son, Then to the use of the said Edward Vavasor now deceased Brother of the said Peter Vavasor Esquire, for the Term of his natural life, without impeachment of any waist; & after his decease, then to the use of the Eldest Son lawfully begotten: & for default of such issue male of the body of such eldest son, then to the use of the second Son, of the body of the said Edward lawfully begotten, & the heirs males of the body of the aforesaid second Son lawfully begotten. (And so to the 9th. Son of the said Edward) and for want of such issue male of the body of the said 9th. Son, Then to the use of George Vavasor, another Brother of the aforesaid Peter Vavasor Esquire, for the Term of his natural life, without impeachment of any waist, and after his decease, then to the use of the Eldest Son lawfully begotten of the body of the said George, and the Heirs males of the body of the same Eldest Son lawfully begotten; and for default of such issue male of the body of such Eldest Son, then to the use of the second Son, of the body of the aforesaid George lawfully begotten, and the heirs males of the body of the same second Son lawfully begotten, (and so to the 9th. Son of the said George,) and for default of such issue male of the body of the said 9th. Son, Then to the use of one Ra. Vavasor, another Brother of the said Peter Vavasor, for the Term of his natural life, without impeachment of any waist, and a●ter his decease, Then to the use of the Eldest Son lawfully begotten of the body of the said Ralph, and the heirs males of the body of the same Eldest Son lawfully begotten, and for default of such issue male of the body of the said Eldest Son, Then to the use of the second Son, of the body of the aforesaid Ralph lawfully begotten, and the heirs males of the body of the same second Son lawfully begotten, (and so to the 9th. Son of the aforesaid Ralph) and for default of such issue male, of the body of the said 9th. Son, Then to the use of one Marmaduke Vavasor, another of the Brothers of the aforesaid Peter Vavasor, for the Term of his natural life, without impeachment of any waist, and after his decease, Then to the use of the Eldest Son, lawfully begotten of the body of the aforesaid Marmaduke, and the heirs males of the body of such Eldest Son lawfully begotten; and for default of such issue male, of the body of the same Eldest Son, Then to the use of the second Son of the body of the aforesaid Marmaduke lawfully begotten, and the heirs males of the body of the same second Son lawfully begotten, (And so to the 9th. Son of the said Marmaduke;) And for default of such issue male of the body of the same 9th. Son, Then to the use of one Robert Vavasor, another Brother of the aforesaid Peter Vavasor, for the Term of his natural life, without impeachment of any waist, and after his decease, then to the use of the Eldest Son lawfully begotten of the body of the said Robert Vavasor, and the heirs males of the body of the same Eldest Son lawfully begotten, and for default of such issue male, of the body of the same Eldest Son, Then to the use of the second Son, of the body of the aforesaid Robert Vavasor; and the heirs males of the body of the same second Son lawfully begotten, (and so to the 9th. Son of the said Robert;) and for default of such issue male of the 9th. Son, Then to the use of Thomas Vavasor, another Brother of the said Peter Vavasor Esquire, for the Term of his natural life, without impeachment of any waist, and after his decease, Then to the use of the Elest Son of the body of the aforesaid Thomas Vavasor, lawfully begotten, and the heirs males of the body of the said Eldest Son, lawfully begotten; and for default of such issue male, of the body of the same Eldest Son, Then to the use of the second Son, of the aforesaid Thomas Vavasor lawfully begotten; and the heirs males of the body of the same second Son lawfully begotten; (And so to the 9th. Son of the aforesaid Thomas;) And for default of such issue male, of the body of such 9th. Son, Then to the use of Richard Vavasor, another Brother of the said peter Vavasor, for the Term of his natural life, without impeachment of any waist, and after his decease, Then to the use of the Eldest Son, of the body of the said Richard Vavasor lawfully begotten, and the heirs males of the body of the same Eldest Son lawfully begotten; and for default of such issue male, of the body of the same Eldest Son lawfully begotten, Then to the use of the second Son, of the body of the said Richard lawfully begotten, (and so to the 9th. Son of the aforesaid Richard;) and for default of such issue male of the body of the said 9th. Son, Then to the use of the heirs males, of the body of Peter Vavasor of Spaldington Knight lawfully begotten; and for default of such issue male, Then to the use of the right heirs of the said Richard Vavasor for ever. By virtue of which Recovery, and seisin in manner and form aforesaid had, and by force of a certain Act of Parliament of the Lord Henry, late King of England the 8th. the 4th. day of February, in the year of his Reign the 27th. of Transferring of uses into possession, at Westminster, in the County of Middlesex holden, made, The aforesaid Peter Vavasor Esquire, was seized of the aforesaid Tenements, with the appurtenances, in the view of the Recognitors of the Assize aforesaid put in his demesn as of Freehold for the Term of his life, without impeachment of any waist, the remainder thereof after his decease farther as abovesaid expectant; and the said Peter so thereof being seized, the said Peter at Spaldington aforesaid, died without any issue male of his body lawfully begotten; after whose decease, the said Edward into the aforesaid Tenements, with their appurtenances, in the view of the Recognitors of the Assize aforesaid put, and in complaint aforesaid specified (amongst other) as in his Remainder thereof, entered, and was, and yet is seized, in his demesn, as of Freehold for the Term of his life, without impeachment of any waist. And the aforesaid Thomas Dowman and Elizabeth claiming, etc. And gave colour to the party.) And the aforesaid Thomas Dowman, and Elizabeth, as to the aforesaid Plea of the said Edward, above in Bar of the Assize aforesaid pleaded, Say, That they for any thing in the said Plea before alleged, from the Assize aforesaid, of the Tenements aforesaid with the appurtenances, to have, ought not to be Barred, because they say, That well and true it is, That the aforesaid Peter Vavasor Esquire, was seized of the Tenements aforesaid with the appurtenances, in his demesn as of Fee; and he the said Peter being so thereof seized, The aforesaid Recovery of the Tenements aforesaid with the appurtenances, was had by the aforesaid Andrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundree against the aforesaid, Peter Vavasor Esquire, in manner and form, as the said Edward above hath alleged; But the said Thomas Dowman, and Elizabeth farther say, That the Recovery aforesaid, in form aforesaid by the aforesaid Andrew, William Vavasor, Peter Vavasor the younger, and John Laundree, against the aforesaid Peter Vavasor Esquire of the Tenements aforesaid, with the appurtenances in form aforesaid had, and the seisin of the Tenements aforesaid, with the appurtenances thereupon in form aforesaid had, were to the only use and behoof of the aforesaid Perer Vavasor Esquire, and his heirs for ever. By colour whereof, and by force of the aforesaid Act of transferring of Acts in possession, etc. The aforesaid Peter Vavasor Esq. was seized of the Tenements aforesaid, with the appurtenances in his demesn as of Fee, and so thereof being seized, The said Peter Vavasor, Esq. at Spaldington aforesaid, of such his estate died hereof seized, without issue of his body lawfully begotten. After whose death, the said Tenements, with the appurtenances descended to the said Elizabeth then being the wife of the said Thomas Dowman, as Sister and heir of the aforesaid Peter Vavasor Esq. By which, the said Thomas Dowman, and Elizabeth in the said Tenements with the appurtenances entered, and were thereof seized in their demesn as of Fee, in the Right of the said Elizabeth, until the aforesaid Edward Vavasor, and the aforesaid George, Richard, John Lowson, William Musgrave, Robert Thisylwood, and Robert Ward, them the said Thomas Dowman, and Elizabeth thereof unjustly, and without Judgement did disseise, as they above against them complained, without that that the aforesaid Recovery of the Tenements aforesaid, with the appurtenances by the aforesaid Andrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundree against the aforesaid Peter Vavasor Esquire in form aforesaid had, was to the uses in the Bar of the said Edward above specified, as, etc. And thereupon the parties are at issue.) And the Jurours say upon their Oath, That the aforesaid Peter Vavasor Esquire, was seized of the Tenements aforesaid in their view put, and in the plaint aforesaid specified with the appurtenances in his demesn as of Fee, and he the said Peter being thereof so seized, the aforesaid Recovery was had, by the aforesaid Andrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundree in form aforesaid, as the aforesaid Edward above in pleading hath alleged; and further the Recognitors of the Assize aforesaid, say upon their Oath. That a certain Indenture was made between the aforesaid Peter Vavasor Esq. of the one party, and the aforesaid Addrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundree of the other party, bearing date the first day of February in the 15th. year abovesaid, The Tenor of which Indenture follows in these words.  
THis Indenture made the first day of February in the 15th year of the Reign of our Sovereign Lady Elizab. by the grace of God Queen of England, France, & Ireland, Defender of the Faith, etc. Between Peter Vavasor of the Middle Temple in London Esq. of the one party, And Andrew Windsor of the same house, Esquire, William Vausor of Linton in the County of York Gent. Peter Vavasor the younger of Spallington in the County of York Gent. and John Laundere of Staple Inn near London Gent. on the other party, witnesseth that it is Covenanted, concluded, condescended, declared and fully agreed, betwixt the said parties, and either of the said parties for him and his Heirs, and their Executors and Administrators, do Covenant, condescend, declare and agree by these presents to and with the other, his and their Heirs, Executors and Administrators, in manner and form following. That is to say, Whereas the said Andrew, Peter, William and John, have this present Term of Saint Hillary recovered to them and to their Heirs for ever, by writ of Entry of disseisin in the Post had, and prosecuted against the said Peter Vavasor Esquire before Sir James Dyer Kt. Richard Harper, Roger Manwood, and Robert Mounson Justices of our said Lady the Queen's Majesty, of her Court of Common Pleas at Westminster according to the usual Order and form of Common recoveries heretofore used, The manor of Spaldington, with the appurtenances, and divers other Lands, Tenements, and Hereditaments siituating and being in the Towns, Parishes, Hamlets, and Fields of Spaldington, Willytost, Cripthorpe, Bubarch, Brighton, Southcave and Replingham, in the said County of York at the time of the said recovery had, being the Inheritance of the said Peter Vavasor Esquire, other than such Messages, Lands Tenements, and Hereditaments, as the said Peter Vavasor Esquire lately purchased of one Henry Johnson Esquire, by the names of the Manor of Spaldington, 40 Messages, 30 Tofts, 30 Gardens, 3 Dovehouses, 1 Windmill, 2000 Acres Land, 500 Acers of Meadow, 2000 Acres of Pasture, 500 Acres of Wood, 2000 Acres of Moor, with the appurtenances in Spaldington, Bubarch, Brighton, Willitost, Gripthorp, Southcave and Replingham: That the intent and true meaning of all the said parties now is and at the time of the said Recovery so had and suffered was, That the said Andrew, William, Peter the younger, and John and their Heirs, and his Heirs, or every of them immediately from and after the said Recovery so had and executed, should and shall stand and be seized of the said Manor and of all other the Lands, Tenements, & Hereditaments in the said Recovery meant and intended to be comprised, that is to say, of and in the said Manor of Spaldington with the appurtenances, and also of and in the Messages, Tofts, Gardens, Lands, Tenements, and Hereditaments, with the appurtenances in Spaldington, Willytost, Gripthorp, Bubarch, Brighton, Southcave, and Replingham, at the time of the said Recovery had, being the Inheritance of the said Peter Vavasor, the Lands, Tenements, Hereditaments, lately purchased by the said Peteer Vavasor of Henry Johnson only excepted as is aforesaid, To the only uses, intents, hereafter by these presents set forth and declared, and to none other uses intents or purposes, That is to say, To the use of the said Peter Vavasor Esquire, for term of his natural life, without impeachment of any manner of waist, & after the decease of the said Peter Vavasar Esquire, then to the use and behoof of the eldest Son lawfully begotten of the said Peter Vavasor of the Heirs males of the Body of the said Eldest Son Lawfully begotten: And for default of such Issue male of the body of such eldest Son, to the use of the second Son of the body of the said Peter Vavasor Lawfully begotten, and the Heirs males of the body of the said second Son Lawfully begotten, etc. (And so to the 9th Son of the said Peter) and for default of such Issue male of the body of such 9th Son, To the use of Edward Vavasor Brother of the said Peter Vavasor Esquire, for the term of his natural life, without impeachment of any waist, and after his decease, to the use of the eldest Son Lawfully begotten of the Body of the said Edward, and of the Heirs males of the Body of the said Eldest Son Lawfully begotten: And for default of such issue male of such Eldest Son, To the use of the second Son of the body of the said second Son Lawfully begotten, (etc. And so to the 9th Son of the said Edward) and for default of such issue male of the body of such 9th Son, to the use of George Vavasor Brother of the said Peter Vavasor Esquire, for term of his natural life, without impeachment of waist, and after his decease, to the use of the eldest Son Lawfully begotten of the body of the said George Vavasor, and of the Heirs males of the body of the said Eldest Son Lawfully begotten, and for default of such issue male of the body of the said eldest Son, To the use of the second Son of the body of the said George Vavasor Lawfully begotten, and of the Heirs males of the body of second Son Lawfully begotten, etc. And so to the 9th Son of the said George) And for default of such issue male of the body of such 9th Son to the use of Ralph Vavasor Brother of the said Peter Vavasor Esquire for term of his natural life, without impeachment of waist, and after his decease, to the use of the Eldest Son Lawfully begotten of the body of the said Ralph Vavasor and the Heirs males of the body of the said Eldest Son Lawfully begotten, and for default of such issue male of the body of such Eldest Son To the use of the second Son of the body of the said Ralph Vavasor Lawfully begotten, and the Heirs males of the body of the said second Son Lawfully begotten, etc. (And so to the ninh Son of the said Ralph) and for default of such issue male of the Body of such ninth Son, To the use of Marmaduke Vavasor Brother of the said Peter Vavasor Esquire for the term of his natural life, without impeachment of waste, and after his decease to the use of the Eldest Son Lawfully begotten of the Body of the said Marmaduke Vavasor and of the Heirs males of the body of the said Eldest Son Lawfully begotten, etc. (And so to the ninth Son of the said Marmaduke) And for default of such issue male of the Body of such ninth Son, To the use of Robert Vavasor Brother of the said Peter Vavasor Esquire, for the term of his natural life, without impeachment of any waste, and after his decease, To the use of the Eldest Son Lawfully begotten of the Body of the said Robert Vavasor, and of the heirs males of the Body of the said Eldest son Lawfully begotten (and so to the ninth Son of the said Robert) and for default of such issue male of the Body of such ninth Son, To the use of Thomas Vavasor Brother of the said Peter Vavasor Esquire, for term of his natural life, without impeachment of any waste, and after his decease to the use of the Eldest Son Lawfully begotten of the Body of the said Thomas Vavasor, and of the Heirs males of the Body of the said Eldest Son Lawfully begotten, etc. (and so to the ninth Son of the said Thomas,) and for default of such issue male of the Body of such ninth Son, To the use of Rich. Vavasor Brother of the said Peter Vavasor Esq. for term of his natural life without impeachment of any waist, & after his decease, to the use of the Eldest son Lawfully begotten of the body of the the said Richard Vavasor and of the Heirs males of the Body of the said Eldest Son Lawfully begotten, etc. (and so to the ninth Son of the said Richard) and for default of such issue male of such ninth Son, to the use of the Heirs males of the Body of Sir Peter Vavasor of Spaldington Knight, Lawfully begotten: And for default of such issue male, To the use of the right Heirs of the said Richard Vavasor for ever, etc. Provided, etc. And farther the Recognitors aforesaid say upon their Oath, aforesaid, That the aforesaid Tenements, with the appurtenances, in their view put, and in the plaint aforesaid specified, and in the recovery aforesaid comprised, are parcel of the Manors, Lands and Tenements in the Indenture aforesaid specified, and not other, nor divers: But whether the Indenture aforesaid after the recovery aforesaid by the aforesaid Peter Vavasor Esquire, in form aforesaid made and had, bearing date the aforesaid first day of February, and first delivered the aforesaid 15th day of February, in the 15th. year abovesaid, after the recovery aforesaid, being to the uses in the same specified, be good and sufficient in Law, to have and declare the uses of the aforesaid recovery of the aforesaid Tenements in the view of the Recogniters put and in the plaint aforesaid specified with the appurtenances, or not, The said Recognitors are altogether ignorant, and thereof pray the advice of the Justice's aforesaid, and of the Court here, etc. And if to the same Justices and to the Court here, It shall seem, That the Indenture aforesaid, by the aforesaid Peter Vavasor Esquire, after the aforesaid Recovery in form aforesaid had and made, bearing date the aforesaid first day of February, and first delivered the 15th day abovesaid after the recovery aforesaid To the uses in the said Indenture specified, be good and sufficient in Law, to read and declare the uses of the recovery aforesaid of the tenements aforesaid in the view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified, Then the said Recognitors say upon their Oath aforesaid, that the said Recovery of the Tenements aforesaid in view of the Recognitors, aforesaid put with the appurtenances, and in the plaint aforesaid specified, was to the uses in the said Bar of the said Edward specified in manner and form as the said Edward in his Bar aforesaid above alleged: And that the aforesaid George, Richard Coats, John, William, Robert Thissilwood, and Robert Ward did not disseise the aforesaid Thomas Dowman and Elizabeth of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances, as the said George, Richard Coats, John, William, Robert and Robart, above have alleged; And if it shall seem to the same Justices, and to the Court here, that the Indenture aforesaid by the aforesaid Peter Vavasor Esquire, after the Recovery aforesaid, in form aforesaid made and had, bearing date the aforesaid first day of February, in the 15th. year aforesaid after the aforesaid Recovery is insufficient in Law, to lead and declare the uses of the Recovery aforesaid of the Tenements aforesaid in view of the Recognitors put and in the plaint aforesaid specified, Then the said Recognitors say, upon their Oath aforesaid that the said recovery of the Tenements aforesaid was not to the uses in the said Bar of the said Edward specified in manner and form as the aforesaid Thomas Dowman and Elizabeth, above have alleged, and that the aforesaid Thomas Dowman and Elizabeth, were seized of the Tenements aforesaid, in the view of the same Recognitors put, and in the plaint aforesaid specified, with the appurtenances in their demesn as of Fee, in the right of the said Elizabeth, until the aforesaid Edward Vavasor, George Vavasor, Richard Coates, John Lawson, William Musgrave, Kobert Thissilwood, and Robert ward, them the said Thomas and Elizabeth thereof unjustly and without Judgement, but not with force and Arms disseised them, and then they assess the Damages of the said Thomas Dowman and Elizabeth, by occasion of the disseisin aforesaid, besides their costs and charges by them about their suit in this behalf expended to 20 shillings, and for their costs and charges to 10 shillings. And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof, day is given to the parties aforesaid before the Justices here aforesaid at the Inn of the Justices in Chancery Lane London until Saturday next after a month of St. Michael next following, etc. to hear their Judgement thereof because the said Just ●s here are not yet, etc. and divers other meetings, until Saturday, nex after the morrow of All Souls, etc. Until Saturday next after the morrow of Martin, etc. And until Wednesday next after 8. days of the Holy Trinity, etc. At which day, before the aforesaid Robert Shute, and John Glench, than Justices, etc. At the aforesaid Inn of the Justices, As well the aforesaid Thomas Dowman and Elizabeth, as the aforesaid Edward, George, Richard Coats, John, William, Robert, and Robert by their Attorneys come. And because the Justice's aforesaid here, &c Further day is given to the parties aforesaid, before the Justices of the said Lady the Queen, to take Assizes in the aforesaid County of York, assigned at the aforesaid Castle of York, until Monday the 6th. day of August, next coming, etc. Before which day, the said Lady the Queen that now is, By other her Letters Patents, whose date is at Westminster in the year of her Reign, the 24th. the Tenor of which followeth in these words, etc. Elizabeth, etc. To our Beloved and Faithful John Clench, Baron, and Francis Gawdy, one of her Sergeants at Law, Greeting, Know ye, etc. (And then follow the Letters Patents) etc. And because the same Justices here will farther avise themselves of and upon the premises, before they give their Judgement thereof, day, etc. Before them the said John Clench, and Francis Gawdy, than Justices, etc. At the aforesaid Inn until Saturday next after the morrow of All Souls, etc. At which day, the aforesaid John Clench, and Francis Gawdy, than Justices of the Lady the Queen to Assizes in the aforesaid County of York at the Inn aforesaid came not, but withdrew themselves from the said Inn, because before the said day for the infection of the Air, and of the Plague of Men in the City of London, and the Suburbs thereof, as also in the City of Westminster, being the Term of St. Michael, which then at Westminster in the County of Midd. was holden at Westminster aforesaid, unto the Castle of the Lady the Queen, etc. is adjourned, etc. and their holden, etc. Afterwards the said Lady the Queen, By other Letters Patents, Constituted John Clench, and Francis Rhodes one of her Sergeants at Law, Justices to Assizes in the a-aforesaid County of York, etc. And the said Justices, by virtue of the said Lett. Patents, Afterward, that is to say, Monday in the 4th. week of Lent, in the year of the Reign of the said Lady the Queen that now is, the 25th. At the Castle of York came, before whom then and there come, the aforesaid Thomas Dowman and Elizabeth, by their Attorney aforesaid, and pray a Writ of Reattachment, to the aforesaid Edward, George, Richard Coats, etc. that they be before the Justices of the Lady the Queen at the next Assizes, in her County of York, to be taken assigned, to be held at the afores. Castle of York, to hear the Record, and their Judgement of the Assize aforesaid, w hc was in the Court of the said Lady the Queen that now is, at the Castle aforesaid, so that that Assize then be here in the State, as it was in the Court of the said Lady the Queen that now is, before the aforesaid John Clench, and Francis Gawdy, Justices to Assizes, etc. At the aforesaid Castle of York, the aforesaid, Monday the 6th. day of August, in the year of the said Lady the Queen that now is, the 24th. in which day, the Assize aforesaid was adjourned, before the said John Clench, and Francis Gawdy, than Justices, etc. from the aforesaid Castle of York, unto the aforesaid Inn of the Justices in Chancery Lane London, until the aforesaid Saturday next, after the aforesaid morrow of All Souls, than next following, etc. At which next Assizes, holden at the Castle of York aforesaid, Monday the 29th. day of July, in the year of the Reign of the said Lady the Queen that now is, the 25th. before the aforesaid John Clench, and Francis Gawdy, than Justices to Assizes, etc. came as well the aforesaid Thomas Dowman and Elizabeth, by their Attorney aforesaid, as the aforesaid Edward, George, Richard Coats, john, William, Robert, and Robert, by the aforesaid Thomas Hill their Attorney; And the Sheriff, that is to say, Thomas Wentworth, Esq. now sent, That the aforesaid Edward Vavasor, George, Richard Coats, john, William, Robert, and Robert, etc. And upon this, day is given to them before the Justices of the said Lady the Queen that now is of the Bench, in the Bench at Westminster, in the morrow of All Souls next coming, to hear and receive what to the said Justices should seem in this behalf, because the said john Clench, and Francis Rhodes, Justices to Assizes, etc. thereof not yet, etc. And the Assize aforesaid, with all touching the same, to the said Justices of the Bench is sent, etc. (The Warrant of Attorney follows, and the Writ of Resummons in the Roll; and the Tenor of the Writ of Reattachment and return of the said Writ) Elizabeth, etc. To the Sherriffs of York, greeting, Reattach, Edward Vavasor, Esq. George, Richard Coats, john, William, Robert, and Robert, or their Bailiffs, if they shall not be found before our Justices to Assizes, in your County to be taken assigned at the Castle of York, in your County, upon Monday the 22d. day of july, than next to come, to hear the Record, and Judgement of the Assize of Novel disseisin which was in our Court, at the Castle aforesaid, which Assize, Thomas Dowman Esq. and Elizabeth his Wife, there arraigned against them of 6. Messages, 300. Acres of Land, 100 Acres of Meadow, and 200. Acres of Pasture, with the Appurtenances in Spaldington, Willytoft, and Southcone, So as they that Assize then be there in the same state as it was in our Court, before john Clench, third Baron of our Exchequer, and Francis Gawdy, one of our Sergeants at Law, our Justices to Assizes in your County to be taken assigned, At the aforesaid Castle of York, Monday the 6th. day of August last passed, which day the assize aforesaid for certain causes, was from thence adjourned before the same our Justices unto the Inn of the Justices in Chancery Lane London, Until Saturday next after the morrow of All Souls, than next following, And have here the names of the Pledges, and this Writ, john Clench, at the Castle of York, the 11th. day of March, in the year of our Reign, the 25th. Frankland Cresly. The within named Edward Vavasor, George, Richard Coats, john, William, Robert, and Robert, hath not any thing, nor any of them have any thing in my Baliwick, by which they can be attached, or any of them can be attached, nor have they, nor any of them hath a Bailiff, or Bailiffs, nor are they, or any of them to be found in the same, Thomas Wentworth, Esq. Sheriff: And now here, that is to say, at Westminster aforesaid at this day, that is to say, at the aforesaid morrow of All Souls, came as well the aforesaid Thomas Dowman, and Elizabeth, by the aforesaid Henry Cressy their Attorney, as the aforesaid Edward Vavasor, George, Richard Coats, john, William, Robert, and Robert, by Tho. Algar their Attony: And because the Justices of the Bench here will avise themselves of and upon the premses, before they give their Judgement thereof, day is given to the parties here until 8. days of St. Hillary (and so it is continued in 8. days of St. Hillary the year following) At which day, here come as well the aforesaid Thomas Dowman and Elizabeth, as the aforesaid Edward Vavasor, George, Richard Coats, john, William, Robert, and Robert, by their Attorney's aforesaid, and upon this, The premises being seen, and by the Justices here fully understood, It seemeth to the said Justices here, That the aforesaid Indenture by the aforesaid Peter Vavasor Esq. after the aforesaid Recovery, in form aforesaid made and had, was good and sufficient in the Law to lead the uses of the Recovery aforesaid, of the Tenements aforesaid, with the Appurtenunces, so that the same Recovery of the Tenements aforesaid, with the Appurtenances in the view of the Recognitors of the Assize aforesaid put, and in the Plaint aforesaid, specified by the aforesaid Andrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundere against the aforesaid Peter Vavasor Esq. in form aforesaid had, was to those uses in the aforesaid bar of the aforesaid Edward above specified, in manner and form, as the said Edward, in his bar aforesaid above alleged, Therefore it is considered, That the aforesaid Thomas Dowman and Elizabeth, take nothing by their Writ aforesaid, but in mercy for their false clamour, etc. And the aforesaid Edward Vavasor, George, Richard Coats, john, William, Robert, and Robert, go thereof without day, etc.    

Audita Querela.  

Easter Term, Anno 80. of King JAMES, Doctor Druries' Case, C. 8. part Fol. 139. a.  
AT another time as appeareth, in the Term of the Holy Trinity, in the year of the Reign of the Lord the King that now is of England, France, and Ireland, the 7th. and of Scotland, the 42 d. Rott. 3642. It is contained thus: Somers. ss. It was commanded to the Sherriff. Whereas, of the grievous Complaint of Owen Bray of Cobham, in the County aforesaid Gent. to the Lord the King grievously complaining, It was showed, That whereas John Drury, Doctor of Law, in the Court of the Lord the King of the Bench here, That is to say, In the Term of St. Michael, in the year of the Reign of the said Lord the King of England the 5th. before the Justices of the said Lord the King, of the Bench aforesaid here, that is to say, at Westminster, by Judgement of the said Court had recovered against the said Owen, as well a certain debt of 200. pounds, as 33. shillings, 4. pence, which to the said John in the Court aforesaid, of the said Lord the King here were adjudged for his damages which he had by occasion of the detaining of the said debt, whereof he is convicted, And whereas also the said Owen, for that that he did not come unto the said Court of the Lord the King, here to satisfy the aforesaid John of the debt and damages aforesaid, was put in exigent in the County of the Lord the King of Sussex, to Outlawry, and for that occasion afterwards, that is to say, the 19th. day of May, in the year of the Reign of the Lord the King that now is, was Outlawed; And notwithstanding the said Owen, in execution for the Debt and Damages aforesaid, by virtue of a certain Writ of the said Lord the King of Capias utlagatum thereof to the late Sheriff of the aforesaid County of Surry, by Herbert Morley Esq. then Sheriff of the aforesaid County of Surry, at the Suit of the said john was taken, and imprisoned: And after he was so taken and imprisoned, was by the said Sheriff out of the same Prison at large, where he would freely and voluntarily suffered to go, and from the execution aforesaid was delivered, as the said Owen by ways and means convenient, was ready to show; Yet the aforesaid john sueth forth Execution of the Debt and Damages aforesaid, against him the said Owen, by reason of the Recovery aforesaid, and endeavoureth, and threatneth unjustly, him the said Owen, to be taken and imprisoned, to his no small Damage; Whereupon he had supplicated the Lord the King's congruous remedy for him to be provided. The said Lord the King, Willing, what is just to be done to the said Owen in this behalf, sent to the Justices here, That the Complaint of the said Owen in this part being heard, and calling before the● the Parties aforesaid, and other which in this behalf they shall see to be called, and their reasons thereof here being heard; To the said Owen full and speedy Justice they should cause to be done in this behalf, which of right, and according to the Law and custom of the Kingdom of the Lord the King of England should be done. And that they cause to come here at this day, that is to say, from the Holy Trinity in 15. days, the aforesaid john, to answer, of and upon the premises, and further to do and receive, what the Court, the said Lord the King here shall consider in that behalf; And now here, at this day, come as well the aforesaid Owen, by Otho Gayer his Attorney, as the aforesaid john, by john Nye his Attorney; And upon this, the said Owen saith, That whereas the aforesaid john in the Court of the said Lord the King that now is here, that is to say, in the Term of St. Michael, in the year of the Reign of the Lord the King that now is of England, etc. the 5th. before Edward Coke Kut. and his Companions then Justices of the said Lord the King of the same Bench here, that is to say, at Westminster, by the consideration of the said Court, recovered against the said Owen, as well the aforesaid Debt of 200. pounds, as the aforesaid 33. shillings and 4. pence, which to the said john, in the same Court, of the said Lord the King here was adjudged for his Damages, which he had by occasion of detaining the same Debt whereof he is convicted; And whereas also the said Owen, for that he did not come into the same Court of the said Lord the King here, to satisfy the said john of his Debt and Damages, he was put in Exigent in the aforesaid County of Sussex to be Outlawed, and for that occasion afterwards, that is to say, the 9th. day of May, in the year of the Reign of the Lord the King that now is, the 6th. was Outlawed, upon the said Outlawry, the aforesaid john Drury, afterwards, that is to say, in the Term of the Holy Trinity, in the year of the Reign of the Lord the King that now is, the 6th. abovesaid, sued forth out of the Court of the Lord the King of the Bench here, a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen, then to the Sherriff of the aforesaid County of S. directed, By which Writ the said Lord the King then commanded the said Sherriff of S. that he do not omit for any Liberty within his County, but that he take the said Owen Outlawed, in the said County of Sussex, the said 19th. day of May, in the year of the Reign of the said Lord the King that now is, the 6th. abovesaid, At the Suit of the said john Drury, of the plea of Debt, whereof he is convicted of, etc. And him safely keep, etc. So as he have his body before the Justices of the said Lord the King here in the morrow of All Souls than next coming, to do & receive, what the Court of the said Lord the King thereof should consider in that behalf; By virtue of which Writ, the said Owen afterwards, that is to say, the 7th. day of October, in the 6th. year aforesaid, at Guildford, in the aforesaid County of Surry by the aforesaid Rob. Morley then being Sheriff of the aforesaid County of Surry, was taken and imprisoned, And after he was so taken and imprisoned, the said Owen by the said Sherriff the same day and year, etc. At Guildford aforesaid, out of that Prison at large, where he would freely and voluntarily to go was suffered, and from the execution aforesaid was delivered: And this he is ready to aver, Whereupon he prayeth Judgement, And that the aforesaid John from having his execution aforesaid by colour of the Judgement aforesaid be barred, and that the said Owen thereof be discharged, etc. And the aforesaid John prayeth licence thereof to imparl here, until 8. days of St. Michael, etc. And hath it, etc. And the same day is given to the aforesaid Owen here, etc. At which day, the plea aforesaid was adjourned, by Writ of the Lord the King of Common adjornment here, until from the day of St. Michael, in one Month than next following; At which day, here cometh as well the said Owen, as the said John by their Attorney's aforesaid, and upon this, further prayeth liecnce thereof to imparl here, etc. Until from Easter day in 15. days, and hath it, etc. And the same day is given to the said Owen here, etc. At which day of 14. days of Easter, came as well the aforesaid Owen, as the aforesaid John by their Attorney's aforesaid, and upon this, The said Owen prayeth that the aforesaid John, to his Writ and Declaration aforesaid, answer: And the said John Drury saith, That he for any thing before alleged from having execution of his Debt and Damages against him the said Owen, ought not to be barred or delayed; Because he saith, That after the aforesaid time, in which it is supposed the aforesaid Owen out of the custody of the aforesaid Sheriff of Surry, to have escaped, and before any further execution against the aforesaid Owen, by him the said John, by Colour of the Judgement aforesaid, was sued forth and had, that is to say, in the Term of St. Michael, in the year of the Reign of the said Lord the King that now is, the 6th. abovesaid, out of the aforesaid Court of the said Lord the King that now is, of the Bench here, upon the Outlawry (as is before said) pronounced, Issued forth a certain Writ of the said Lord the King, of Capias utlagatum, against him the said Owen, At the Suit of the said John then to the Sheriff of the County of Midd. directed; By which Writ, The Lord the King commanded the aforesaid Sheriff of Midd. That he should not omit for any Liberty of his County, but that he take the aforesaid Owen, by the name of Owen Bray, late of Cobham, in the County of Surry, Gent. Outlawed in the aforesaid County of Sussex, the aforesaid 19th. day of May, in the year of the Reign of the Lord the King that now is, the 6th. abovesaid, at the Suit of him the said John, by the name of John Drury, Doctor of Law, Of a Plea of Debt whereof he was convicted, if he should be found in his Baliwick; and him should safe keep, etc. So as, he have his Body here, that is to say, at Westminster aforesaid, in the aforesaid morrow of All Souls, the self same Term of St. Michael, in the year aforesaid, to do and to receive what to the Court of the said Lord the King, thereof should consider in that behalf: At which morrow of All Souls here, that is to say, at Westminster aforesaid, cometh the aforesaid Owen, by William Brown then his Attorney; And the Sheriffs, that is to say, George Bolles, and Richard Farrington, than Sheriffs of the aforesaid County of Midd. then here sent, That the aforesaid Owen was not found, etc. And upon this the said Owen, then prayed the hearing of the Writ of Exigent, upon which the said Owen, at the Suit of the said John Drury aforesaid, in form aforesaid stood Outlawed. And it was then read to him in these words: JAMES by the grace of God, of England, Scotland, France, and Ireland King defender, of the Faith, etc. To the Sheriffs of Sussex, greeting, We command you that you put in Exigent, Owen Bray, late of Cobham, in the County of Surry, Gent. from County in County, until according to the Law & Custom of our Kingdom of England he be Outlawed, if he shall not appear, And if he shall appear, then that you him take, & cause safely to be kept so as you have his body before our Justices at West. in the morrow of the Holy Trinity, to satisfy to john Drury Doctor of Law, as well of a certain debt of 200. pounds, which the said john in the said our Court, before our Justices at Westminster Recovered against him, as of 33. shillings and 4. pence, which to the said john, in the same our Court were adjudged for his Damages, which he had by occasion of the detaining the same Debt, whereof he is Convicted. And sent to our Justices at Westminster, in 8. days of St. Hillary, That the aforesaid Owen is not found in your Baliwick. And have here this Writ, witness Edward Coke at Westminster, the 25th. day of january, in the year of our Reign of England, France, and Ireland, the 5th. and of Scotland, the 41. Which being read and heard, The said Owen said, That he of the Outlawry aforesaid, ought not to have him charged, because the said Writ of Exigent had not any certain day of return, these words (Saint) between the word, morrow and Trinity, not having any signification as by the Writ aforesaid than it appeared, And for the same Cause the said Owen then prayed Judgement, and that the outlawry, aforesaid in form aforesaid pronounced and had, be annulled, made void, and altogether holden for nought. Upon which, the Writ aforesaid then being seen, And by the Justices here then fully understood, To the same Justices, it than appeared, That the Allegation of the aforesaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true. Therefore than it was considered in the said Court here, that the said Owen by occasion of the Outlawry aforesaid should not be be molested, or troubled, but should go thereof acquitted, etc. as by the Record thereof in the said Court here remaining fully appeareth: And so, the said John Drury saith, That there is not any such Record of the Outlawry aforesaid, as the said Owen by his Writ and Declaration aforesaid above supposeth. And this he is ready to aver, whereupon, he prayeth Judgement, if he from execution of his Debt aforesaid and damages aforesaid against the aforesaid Owen ought to be barred, etc. and the aforesaid Owin saith, that the aforesaid plea of the aforesaid John in form aforesaid above pleaded is not sufficient in Law to the said John his execution by Colour of the judgement aforesaid to have, and maintain, and that he to that plea in manner and form aforesaid above pleaded, needs not, nor by the Law of the Land is bound to answer; and this he is ready to aver, wherefore for default of sufficient plea of the aforesaid John in this behalf, the said Owen, as at first prayeth judgement; and that the said John from his execution by colour of the judgement aforesaid be barred; and that the said Owen be thereof charged, etc. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the judgement aforesaid against the said Owen to have, and maintain above hath alleged, which he is ready to aver, which matter the said Owen doth not deny nor to the same any ways answereth, but the said averrant altogether refuseth, as before, prayeth ludgement, and execution of his Debt and damages aforesaid against the said Owyn to him to be adjuged, etc. and because the justices here will avise themselves of and upon the premises before that they give their judgement thereof, Day is given to the parties aforesaid until the morrow of the Holy Trynity to hear their judgement, because the same justices here, thereof are not yet, etc.    

Actions of Debt.  

Trinity, Anno. 70. of King JAMES. Vineors Case. Rot. 2629 C. 8. part fo. 80. a  
WIlliam wild late of Themilthorp in the County aforesaid, Yeoman, 
Norff.  otherwise called William Wild of Themilthorp in the County aforesaid Yeoman, was summoned to answer to Robert Vineor of a plea, that he renders unto him 20 pounds which to him he oweth, and unjustly detaineth, etc. And whereupon, the said Robert by Thomas Vynior his Attorney saith, that whereas the said William the 15th. day of July, in the year of the reign of the Lord the King, that now is of England, France and Ireland, the 6th. at Themilthorp by his certain writing Obligatory granted him to be bound unto the said Robert in the aforesaid 20 pound to be paid to the said Robert when he was thereof required, yet the said William, although often required, the aforesaid 20 pound to the said Robert not yet hath rendered, but the same to him hitherto hath denied, and as yet doth deny, whereupon he saith that he is the worse and hath damage to the value of 10 pound, and thereof hebringeth suit, and he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testify, whose date is the day and year aforesaid, etc. And the aforesaid William, by John Bussel his Attorney cometh and defends the force and injury when, &c, and prayeth the hearing of the writing aforesaid, and it is read unto him, he also prayeth the hearing of the Condition of the said writings, and it is read unto him in these words, The Condition of this Obligation is such, that if the above bounden William wild do and shall from time to time and at all times hereafter, stand to, abide, observe, perform, fulfil and keep, the Rule, Order, Judgement, Arbitrament, Sentence, and final Determination of William Ruyg Esquire, Arbitrator indifferently named elected and chosen aswel of the part and behalf of the said William Wild, as of the part and behalf of the abovenamed Rober Vynior, to Rule, order, adjudge, arbitrate, and finally determine, all matters, suits, Controversies, debates, griefs, and contentions, heretofore moved and stirred, or now depending between the said parties, touching or concerning the sum of 22 pence heretofore taxed upon the said William Wild for divers kind of Parish business within the said Parish of Themilthorp, so as the said A ward be made, and set down in writing under the hand and seal of the said William Rug at or before the Feast of St. Michael the Archangel next ensuing, after the date of these presents, that then this present obligation to be void and of none effect, or else the same to stand abide and remain in full power strength and virtue. Which being read and heard, the said William wild saith, that the aforesaid Robert his action aforesad against him ought not to have, because he saith, that the Arbitrator aforesaid after the making of the writings, and before the aforesaid Feast of Saint Michael the Archangel in the condition aforesaid above specified, did not make any Arbitrament in writing under the hand and seal of the same Arbitrator between him the said William and the aforesaid Robert of and upon the premises aforesaid in the condition aforesaid above specified according to the form and effect of that condition, & this etc. he is ready to aver, whereupon he prayeth judgement if the aforesaid Robert his action aforesaid against him ought to have: And the aforesaid Robert saith, That he by any thing before alleged from having his action aforesaid, ought not to be barred, because he saith that the said William Wild after the making of the writing aforesaid, and before the aforesaid Feast of Saint Michael the Archangel than next following, that is to say the 22 day of August in the year of the Reign of the Lord the King that now is of England, etc. the 6th. aforesaid, at Themilthorpe aforesaid by a certain writing which the said Robert with the Seal of the said William Sealed in Court brings whose date is the same day and year, reciting that whereas he the said William then stood bounden to the aforesaid Robert by the name of Robert Vinyor in one writing obligatory in the sum of 20 pound, which condition in the said writing for the performance and fulfilling of the Arbitrament, Rule, Order, Judgement, Sentence, and final determination of William Ruyg Esquire Arbitrator chosen aswel on the part of the said William Wild as on the part of the above named Robert Vinyor as in the said writing Obligatory more fully is appeared, or might appear, than the said William intending the revocation thereof, by the said writing of Revocation, revoked and did call back all the authority whatsoever which the said William Wild by the said writing Obligatory had given and commtited to the aforesaid William Ruyg his Arbitrator, and then altogether dissallowed and held void, all and whatsoever the aforesaid William Rug after the delivery of the same writings of revocation should do to him in and about the said Arbitrament, Rule, Order, judgement, Arbitrament, Sentence and Determination of all matters, suits, controversies, debates, griefs, and contentions, than before moved, and stirred, or then after depending between the said parties touching or concerning the sum of 22 pence taxed upon the said William Wild according to the aforesaid writing Obligatory as it was in the same mentioned and declared, as by the said writing of Revocation more fully appeareth, and this he is ready to aver, whereupon in as much as the aforesaid William Wild after the making of the writings aforesaid before, etc. the said Feast of Saint Michael the Archangel than next following in form aforesaid discharged and dissallowed the Arbitrator aforesaid, of all authority of arbitrating of and upon the premises in the condition aforesaid above specified, contrary to the form and effect of his condition and submission in the same mentioned the said Robert prayeth judgement and his debt aforesaid together with his damages by occasion of detaining of the same debt to be adjudged unto him, etc. and with that the said Robert will aver that the aforesaid writing obligatory here in Court brought, and the aforesaid writing in the aforesaid writing of revocation specified is one and the same writing, and not other, nor divers. And the said William wild saith that the plea of the said Robert above by repplication pleaded is not sufficient in Law to bar him the said Robert his action aforesaid against the said William to have, and maintain, and that he to that plea in manner and form aforesaid pleaded needeth not, nor by the Law of the Land is bounden to answer, and this he is ready to aver, whereupon, and for want of a sufficient replication on his part, the said William prayeth judgement, and that the said Robert from his action aforesaid against him to have, be barred, and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have, and maintain above by replying hath alleged, which he is ready to aver, which matter the aforesaid William doth not deny, nor to the same in any ways answereth, but the averment aforesaid to admit doth altogether refuse, as at first, prayeth judgement, and his debt aforesaid together with his damages by occasion of detaining his debt, to be adjudged unto him etc. And because the justices here will avise themselves of and upon the premises before they give their judgement thereof, Day is given to the parties aforesaid here on 8 days of Saint Michael to ●ear their judgement thereof, because the justices here, thereof not yet, etc.   

Debt.  
Trinity Term. Anno 10. of King James, Rott. 2413. In 
Brownlow.  the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne, Concerning Misnaming of Corporations. C. 10. part fol. 120. a.  
IOhn pain, late of Catton in the County aforesaid Gent. Executor of 
Norff.  the Testament of John pain, late called John pain of Kings Linne, in the County of Norfolk Esq. was summoned to Answer to the Mayor, and Burgesses of Kings Lynne, in the County of Norfolk, of a Plea, that he render to them 3000. pound, which he unjustly detaineth from them, etc. And whereupon the said Mayor and Burgesses, by Henry Bastard their Attorney say, That whereas, the aforesaid John pain the Testator in his life, the 27 th'. day of January, in the year of the Reign of the Lord the King that now is, etc. The 6 th'. at Gaywood by his writing Obligatory, had granted himself to be bounden to the said Mayor and Burgesses, in the aforesaid 3000. pound, to be paid to the said Mayor and Burgesses, when thereof he was required, yet the said John pain the Testator in his life time, & the aforesaid John pain the Executor, after the death of him, the Testator John pain, although often required, the aforesaid 3000. pound, to the said Mayor and Burgesses rendered not, but the same denied to them to render, and the aforesaid John pain the Executor, doth deny the same yet to render to them, and unjustly detaineth the same, whereupon they say, that they are the worse, and have damage to the value of 100 pound, and thereof bring Suit; and bring here into Court the writing aforesaid, which the debt aforesaid, in form aforesaid, testifieth, etc. whose date is the same day and year aforesaid, etc. And the aforesaid john pain Executor, by Thomas Blofield his Attorney, comes and defends the force and injury when, etc. And saith, that he of the debt aforesaid, by virtue of the writing aforesaid, ought not to be charged, Because he saith, That it is not the Deed of the said john pain the Testator, and upon this puts himself upon the Country; and the aforesaid Mayor and Burgesses likewise, Therefore it is commanded to the Sheriff, that he cause to come here, from the day of Holy Trinity in 3. weeks, ●2. etc. By whom, etc. And who neither, etc. To Recognize, etc. Because as well, etc. At which day the Jurors between the parties aforesaid, of the Plea aforesaid, were put between them in respite here until this day, that is to say, in 8. days of Saint Michael than next following, unless the Justices of the Lord the King to Assizes in the County aforesaid, to be taken assigned, by the form of the Statute, etc. upon Monday the 27 th'. of day july next following, at the Castle at Norwich, in the County aforesaid first shall come, And now at this day comes, as well the aforesaid Mayor and Burgesses, as the aforesaid john pain the Executor, by their Attorneys aforesaid, and the aforesaid Justices to Assizes, before whom, etc. Send here, their Record, in these words. Afterwards the day and place within contained, before Edward Coke Knight, Chief Justice of the Lord the King of the Bench, and john Croak Knight, one of the Justices of the said Lord the King to Pleas, before the King himself to be holden, assigned Justices of the said Lord the King to Assizes, in the County aforesaid to be taken, assigned by the form of the Statute, etc. come as well the within named Mayor and Burgesses, as the within written john pain the Executor by their Attorneys within written; and the Jurors of the Jury, wherefore within is made mention, being called likewise come, who to say the truth of the within contained, chosen, tried, and sworn, say, upon their Oath, That long before the making of the writing Obligatory, within written, The Lord Henry, late King of England the 8 th'. the 7 th'. day of july, in the year of his Reign the 29 th'. By his Letters Patents, under his Great Seal of England, bearing date at Westminster, the same day and year, and to the Jurors aforesaid in evidence showed, Reciting by the said Letters Patents, That whereas the said late King, by his Letters Patents, whose date was the 27 th'. day of june, in the 16 th'. year of his Reign, of his special grace, and of his mere motion, late had granted, and by the said his Letters Patents, confirmed for him his Heirs, & Successors, to the Mayor, and Burgesses, and Inhabitants of his Borough of Lynn Bishop, in his County of Norfolk, that they for ever, should be one body Corporate, and one Cominalty, perpetually in thing and name, and that they should have perpetual succession, and the name of the Mayor, and Burgesses of the Borough of aforesaid Bishops Lynne, in the County of Norfolk, should have and bear, and by the same name, should be persons able, and capable in Law, to have &, purchase Lands, Tenements, Goods and Chattels, & other possessions whatsoever, and to plead, and to be impleaded, answer, and answered defend, and might and could defend, before any Justices whatsoever, whether spiritual Judges, or temporal, in whatsoever Courts, and in all and singular Actions, Causes, Matters, Plaints, and Demands of whatsoever kind they should be or nature, in the same manner, as the other the Liege people of the said late King, persons able, and capable in Law to plead, and be impleaded to answer, and to be answered, defend, or might defend; and that the said Mayor, and Burgesses, and their Successors should have, or might have one Common Seal for their businesses, and others to be done within the Borough aforesaid, happening, or arising, with divers other Liberties, Franchisles, Grants, Articles, and immunities in the said Letters Patents contained and specified, as in the said Letters Patents more fully and manifestly is appeared: And whereas afterwards by a certain Statute late in Parliament, of the said late King at London, holden the third day of November, in the 21 th'. year of his Reign, and from thence adjourned to Westminster and there holden, and from that time continued by divers prorogations, until the 4 th'. day of February, in the year of his Reign the 27 th'. and then and there holden, amongst other things, it was enacted, That the said late King Henry the 8 th'. his Heirs and Successors, Kings of England, should have hold and enjoy, to him for ever, the Lordships, or Manor of Bishops Lynne, and Gaywood, amongst other with all and singular their Appur●enances, As also all Liberties, Franchises, Goods and Chattels, Waifes, and Strays, Views of Frankpledge, Courts, profits of Courts, and all and singular other Temporal possessions, and Hereditaments, with the appurtenances in Bishops Lynne, and Gaywood aforesaid, which late before then, belonged to the late Bishop of Norwich, as in the said Act of Parliament more fully appeared; The said late King Hen. the 8th. For that by the said Act, the same Manors and Possessions to him and his Heirs Kings of England, were enacted, and were, willed and Ordained, & by the same his Letters Patents declared, for him and his Heirs, That the said Town of Bishops Lynne from thenceforth for ever, should be named and called Kings Lynne, and not by any other name; and that the same name of Bishops Lynne from henceforth, should be destroyed and deprived. And further the said late King Henry, out of his special grace, and mere motion, and for the love which he bore to the aforesaid his beloved and faithful Subjects, The Mayor, and Burgesses, of his Borough of Lynne aforesaid, in his County of Norfolk aforesaid, and the said Borough, and the Inhabitants of the same he had and bore, desiring further peace, quiet, and tranquillity, in the said Borough, continually to be had, and from time to time to be increased, from whence all prosperity, utility, and their accommodations undoubted take beginning, had condescended, and by the same his Letters Patents, had granted for him, his Heirs, and Successors, to the aforesaid Mayor, and Burgesles, and Inhabitants, of his Borough aforesaid, That they for ever after, The name of Mayor, and Burgesses of his Borough of Lynne Regis, commonly called Kings Lynne, in his County of Norfolk, should have and enjoy, and by the same name should be called and named, and not by any other name, And that by the same name, they should be persons able and capable in Law, to have and purchase Lands and Tenements, Goods and Chattels, and other possessions whatsoever, and to plead, and be impleaded, answer, and to be answered, defend, and might be defended, before whatsoever Justices, either Judges Temporal, or Spiritual in what Court soever, and in all and singular Actions, ●●uses, Matters, Plaints, and Demands, of what kind soever they should be, or nature, in the same manner, as the other Liege people, of the said late King were able and capable in Law to plead, and be impleaded, answer, and be answered, defend, or might be defended, as by the said Letters Patents, to the Jurors aforesaid in evidence showed amongst other things more fully appeareth. And farther the Jurors say upon their Oath aforesaid, That after the making of the said Letters Patents aforesaid, that is to say, the aforesaid 27 th'. day of january, in the year of the Reign of the Lord the King that now is, the 6 th'. within written, The aforesaid John pain the Testator in his life, The writing Obligatory, in the Declaration above specified, made, sealed, and as his Deed delivered to the aforesaid Mayor, and Burgesses, of the Borough of the Lord the King of Lynne Regis, commonly called Kings Lynne, in his County of Norfolk, in the aforesaid Letters Patents named, By the name of the Mayor, and Burgesses of Kings Lynne in the County of Norfolk, But whether upon the whole matter aforesaid, by them the said Jurors in form aforesaid found, the writing Obligatory aforesaid, in the Declaration within written, be the Deed of the said John pain, or not, the same Jurors are altogether ignorant, and pray thereof the advice of the Justices, and Court here, etc. And if upon the whole matter aforesaid, by them the said Jurors in form aforesaid found, It shall seem to the Justices here, That the writing aforesaid, in the Declaration within written specified, be the Deed of the aforesaid, John pain the Testator, Then the said Jurours say, upon their Oath aforesaid, That the writing aforesaid, is the Deed of the said John pain the Testator, and then they assess the damages of the said Mayor, and Burgesses, by occasion of detaining of the debt within written, above their Costs and Charges, by them in their suit in this behalf, expended to 12. pence, and for their Costs and Charges to 12. pence. And if upon the whole matter aforesaid, by them the Jurors in form aforesaid found, It shall seem to the Justices here, That the writing aforesaid, be not the Deed of the aforesaid John pain the Testator, Then the said Jurors say, upon their Oath aforesaid, That the writing aforesaid, is not the Deed of the aforesaid John pain the Testator, a● the aforesaid John pain the Executor above in pleading hath alleged: And because the Justices here will avise themselves of, and upon the premises, before that they give their Judgement thereof, day is given to the parties aforesaid, until, etc. To hear their Judgement thereof, because the said Justices here thereof are not yet, etc.    

Dower.  

Trinity Term, Anno 80. Of King JAMES, Edward Althams' Case. Co. 8. part, fol. 14. a.  
THomas Laurence, and Marcy his Wife, by Charles Cardinal their Attorney, demand against Edward Altham Gent. and Margaret his Wife, the Third part of 100 Acres of Land, 10. Acres of Meadow, and 60. Acres of Pasture, with their Appurtenances in Gosfield, as the Dower of the said Marcy, of the Endowment of Thomas Nash the Elder, sometimes her Husband, etc. And the aforesaid Edward and Margaret, by John Rowley their Attorney, come and say, That the aforesaid Thomas and Marcy, the Dower of the said Marcy, of the Tenements aforesaid, with the Appurtenances whereof, etc. Of the Endowment of the said Thomas Nash, sometimes Husband, etc. Against them ought not to have, because they say, That the said Thomas Nash sometimes the Husand, etc. Was seized of the Tenements aforesaid, whereof, etc. In his Demesn as of Fee, and held the same of John Wentworth, Esq. as of his Manor of Gosfield, with the Appurtenances in the County aforesaid, in Free Socage, that is to say, by Fealty only for all manner of Services and Demands; And the said Thomas, so of the Appurtenances whereof, etc. being seized, The 10 th'. day of April, in the year 1592. at Gosfield aforesaid made his Testament, and last Will in writing, And by the same his last Will, willed and bequeathed the Tenements aforesaid, with the Appurtenances whereof, to one Zachary Nash Younger Son of the same Thomas Nash, To have and to hold to the said Zachary for term of his life, And afterwards there died of such estate thereof seized; After whose death, the said Zachary into the Tenements aforesaid with the Appurtenances whereof, etc. entered and was thereof seized, in his demesn as of Freehold, for the Term of his life, by virtue of the bequest aforesaid, and the Reversion of the Tenements aforesaid, with the Appurtenances whereof, etc. after the death of the said Thomas did descend to one Thomas Nash, as Son and Heir of the aforesaid Thomas Nash, sometimes Husband, etc. By which the said Thomas the Son, was seized of the said Reversion of the Tenements aforesaid, with the Appurtenances whereof, etc. as of Fee and Right; And the said Thomas, so thereof being seized, and the aforesaid Zachary of the Tenements aforesaid, with the Appurtenances, whereof, etc. So (as before is said being seized) The aforesaid Marcy, after the death of the said Thomas Nash, sometimes her Husband, etc. in the Widowhood of the said Marcy, whilst she was single, that is to say, The 27 th'. day of April, in the year of the Reign of the Lady Elizabeth, late Queen of England, the 35 th'. at Gosfield aforesaid, by her writing of Release, which the said Edward and Margaret, with the seal of the said Marcy sealed here in Court, bring, whose date is the same day and year, by the name of Marcy Nash, the Widow of Thomas Nash, late of Feringe, in the County of Essex deceased, remised, released, and altogether for her, her Heirs, Executors, and Administrators, for ever quit claimed, to the aforesaid Thomas Nash, Son and Heir of the aforesaid Thomas Nash, sometimes the Husband of the said Marcy, by the name of Thomas Nash, of Wetherfield in the County aforesaid Yeoman, Son and Heir of the said Thomas Nash late her Husband, All, and all manner of Actions, as well Real, as Personal, all Suits, Quarrels, and Demands whatsoever, which she the said Marcy, or her Executors, against the said Thomas Nash, Son and Heir, Executors, ever have or had, then had or aught to have, or any ways than might or would have by reason of any thing, cause or deed whatsoever, from the beginning of the world, unto the day of the date of the same Writing of Release; After which Writing of Release, to the aforesaid Thom. the Son, as before is said, made, The aforesaid Thomas the Son, of the Reversion of the Tenements aforesaid, with the Appurtenance whereof, etc. in form aforesaid being seized, At Gosfield aforesaid, died of such his estate thereof seized; After whose death, the said Reversion of the Tenements aforesaid, with the Appurtenances whereof, etc. did descend, to the aforesaid Margaret, as Daughter and Heir of the aforesaid Thomas the Son; By which the said Margaret was seized of the said Reversion of the Tenements aforesaid, with the Appurtenances whereof, etc. as of Fee and Right, and she the said Margaret so of the same Reversion, as before is said, being seized, And the aforesaid Zachary, of the Tenements aforesaid, with the Appurtenances whereof, etc. in form aforesaid being seized, The said Zachary, afterwards, at Gosfield aforesaid died of such his estate thereof seized. After whose death the said Margaret, into the Tenements aforesaid with the Appurtenances whereof, etc. entered, and was thereof seized in their Demesn as of Fee and Right, and so thereof being seized, The said Margaret afterwards, and before the day of bringing the Original Writ as aforesaid, of the said Thomas and Laurence, and Marcy, at Gosfield aforesaid, took to Husband the aforesaid Edward Altham, By which the said Edward and Margaret were and yet are seized of the Tenements aforesaid, with the Appurtenances whereof in their Demesn as of Fee in the Right of the said Margaret: And this they are ready to aver, and demand Judgement if the aforesaid Thomas Laurence, and Marcy, Dower of the said Marcy, of the Tenements aforesaid, with the Appurtenances whereof, etc. Of the Endowment of the said Thomas Nash, sometimes the Husband, etc. against them ought to have, etc. And the aforesaid, Thomas Laurence and Marcy demand the hearing of the aforesaid Writing of Release, And it is read unto them in these words. To All Faithful People to whom this present Writing shall come, Marcy Nash, the Widow of Thomas Nash, late of Feringe, in the County of Essex, greeting in our Lord God everlasting, Know, Me the aforesaid Marcy being in my pure Widowhood, and ●ull power, to have Remised, Released, and altogether for Me, my Heirs, Executors, and Administrators, for ever quit claimed, to Thomas Nash of Wetherfield, in the County aforesaid Yeoman, All and all manner of Actions, as well real as personal Suits, Quarrels and Demands whatsoever, As also all my Dower, and Title and Action of Dower, to me appertaining, by the death of the said Thomas, my Husband, of any of his Lands and Tenements in Wetherfield aforesaid, what or which, I the said Marcy, or my Executors against him the said Thomas Nash, the Son, or his Executors, I ever had, have, or any ways hereafter may have, we have or may have, by reason of any thing, cause or deed whatsoever, from the beginning of the World, unto the day of the Date of this present Writing of Release. And further know ye, Me the aforesaid Marcy, to have given and Remised to the said Thomas Nash the Son, All the Goods late of the said Thomas my Husband, which were in the possession of the said Thomas the Son, or his Assigns, at the time of the making of this deed of Release; In Witness whereof to this my present Writing, I have set my Seal, Dated the 27 th'. day of April, in the year of the Reign of our Lady Elizabeth, by the Grace of God of England, France, and Ireland Queen defender of the Faith, etc. the 35 th'. Which being read and heard, The said Thomas Laurence, and Marcy say, That they for any thing before alleged, for having the Dower of the said Marcy, ought not to be barred, because they say, That the aforesaid Thomas Nash sometimes Husband, etc. in his life time, and at the time of his death, was seized as well of the Tenements aforesaid, with the Appurtenances whereof, etc. in Gosfield aforesaid, As of Two Messages, and 200. Acres of Land, with the Appurtenances in Wetherfield aforesaid, in his Demesn as of Fee, And so thereof being seized, at Gosfield aforesaid, by his Last Will and Testament in Writing devised, the Tenements aforesaid with the Appurtenances whereof, etc. in Gosfield aforesaid, to the aforesaid Zachary Nash, younger Son of the said Thomas Nash, sometimes Husband, etc. And afterwards, at Gosfield aforesaid died, After whose death the said Thomas Nash the younger, as Son and Heir of the said Thomas Nash, sometimes Husband, etc. into the Tenements aforesaid with the Appurtenances in Wetherfield aforesaid entered, and was thereof seized in his Demesn as of Fee and Right, And the said Zachary into the Tenements aforesaid, with the Appurtenances whereof, etc. in Gosfield aforesaid entered, and was thereof seized in his Demesn as of Freehold for the Term of his life, And the said Thomas Laurence and Marcy further say, That at the time of the death of the aforesaid Thomas Nash, sometimes Husband, etc. the aforesaid Zachary was within the Age of 21. years, that is to say of three years, by which the said Marcy whilst she was single, as Guardian and for nurture of the said Zachary, into the Tenements aforesaid, with the Appurtenances whereof, etc. in Gosfield aforesaid, entered, and was thereof possessed, the aforesaid Thomas Nash, the Son of the Tenements aforesaid, with the Appurtenances in Wetherfiald aforesaid being seized, and that the said Zachary of the Tenements aforesaid, with the Appurtenances whereof, etc. in Gosfield aforesaid, in form aforesaid, being seized, And the said Marcy in form aforesaid being possessed, Afterwards, and before the making of the aforesaid Writing of Release here in Court brought, at Gosfield aforesaid, It was concluded and agreed between the, said Marcy whilst she was single and the aforesaid Thomas Nash the Son that the said Marcy should release to the said Thomas Nash the Son all her Dower, happening to her after the death of the aforesaid Thomas Nash sometimes the husband, etc. in all Lands, and Tenements of the said Thomas in Wetherfield aforesaid, And that the said Thomas Nash the Son should enfeoff, John Tiler the elder, and John Tiler the younger, and their heirs of the Tenements aforesaid with the appurtenances whereof, etc. in Gosfield aforesaid to the use of the said Zachary and the heirs of his body Lawfully begotten: and the said Thomas Lawrance and Marcy farther say, that the aforesaid Thomas Nash the Son of the Tenements aforesaid in Wethersfield aforesaid, in the form aforesaid being seized, and the aforesaid Marcy of the Tenements with the appurtenances whereof, etc. in Gosfield aforesaid being possessed, the said Marcy afterwards, that is to say the aforesaid 27th day of April in the year of the Reign of the said Lady Elizabeth late Queen of England the 35 th'. abovesaid whilst she the said Marcy was single at Gosfield aforesaid the aforesaid writing of Release to the aforesaid Thomas the Son sealed and delivered: And the aforesaid Thomas Nash the Son the 28th. day of April in the year of the Reign of the said late Queen the 35 th'. aforesaid at Gosfield aforesaid enfeoffed the aforesaid John Tiler the elder and John Tiler the younger, and their heirs of the Tenements aforesaid with the appurtenances whereof, etc. in Gosfield aforesaid, To the use of the aforesaid Zachary and the heirs of his body Lawfully begotten; and this they are ready to aver, whereupon, they demand Judgement and seisin of the third part of the Tenements aforesaid with the appurtenances whereof, etc. in Gosfield aforesaid, to be adjudged to the said Thomas Lawrance in manner and form aforesaid, and that the matters above in the replication aforesaid are not sufficient in Law, them the said Thomas and Marcy the Dower of the said Marcy in the Tenements aforesaid with the appurtenances whereof, etc. against the said Edward and Margaret to have and maintain, and that they need not, nor by the Law of the Land are bound to answer, and this they are ready to aver, wherefore for default of sufficient Replication of the aforesaid Thomas and Marcy in this part, the said Edward and Margaret as at first demand Judgement: And that the said Thomas Laurence, and Marcy from the Dower of the said Marcy of the Tenements aforesaid, with the Appurtenances whereof, etc. against them to have be barred, And the said Thomas and Marcy, for as much as they sufficient matter in Law, the said Thomas and Marcy, to have and maintain their Action aforesaid, against the said Edward and Margaret, above by Replication have alleged, which they are ready to aver, Which matter the said Edward and Margaret do not deny, nor to the same any ways Answer, but the Averment aforesaid altogether Refuse to admit, as before, demand Judgement, and seisin of the third part aforesaid, to be adjudged unto them: And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof, Day is given to the parties aforesaid here until, in 8. days of St. Michael to hear their Judgement thereof, because the said Justices here thereof not yet, etc.    

Debt.  

Ester Term, 26. of Queen Elizabeth Rot. 1608.  
RIchard Mauser late of London yeoman (otherwise called Richard Mauser) of Gillingham in the County of Kent Yeoman, was summoned to Answer to William Painter Esq. of a Plea, that he render to him 40. pound, whicb he oweth him, and unjustly detaineth, etc. And whereupon the said William, by Thomas Antrobas his Attorney saith, That the said Richard the 6th. day of April, in the year of the Reign of the Lady the Queen that now is, the 12th. at London, in the Parish of the blessed Mary of Bow, in the Ward of Cheap, by a certain writing Obligatory, granted himself to be bounden to the said William, in the said 40. pound, to be paid to the said William, in the Feast of the Ascension of our Lord, than next following: Yet the aforesaid Richard although often required, the aforesaid 40 pound, to the said William, hath not yet rendered, but the same to him hitherto hath denied, and yet doth deny, whereupon he saith, he is the worse, And hath damage to the value of 10. pound, and thereof he bringeth suit, And he brings here in Court the writing aforesaid, which the debt aforesaid, in form aforesaid doth testify, the date of which, is the day and year aforesaid, etc. And the said Richard by John Cook his Attorney cometh, and defendeth the force and injury when, etc. And prayeth the hearing of the writing aforesaid, and it is read unto him in these words, The Condition of this Obligation is such, That whereas the within bounden Richard Mauser, and John Mouser his Son, by their deed of feoffment, bearing date, the date of this Obligation, have given, granted, and confirmed unto the within named, William Paynter and his Heirs, all that parcel of Wood-land, called South-wood, containing by estimation 10. Acres, be it more or less, lying together in the Parish of Gillingham within said, and Bedherst in the County within said, to the Lands of one Thomas Remsby, towards the East, West, and North, and to the King's way, towards the South, as the same do more at large it appear, If the said William Painter, and his Heirs shall and may at all times hereafter have, hold, and enjoy all the aforesaid parcel of Wood-land with the appurtenances, and charged or saved harmless, of and from all and every former Bargain, Sale, Gift, Grant, Lease, Right, Copyhold, Dower, Rent, Charge, and all other things, and encumbrances whatsoever, had, made, or suffered to be done, by the said Richard Mauser, or his Heirs or Assigns, and also if the said Richard Mauser, and John Mauser his Son, and their Heirs, and the Heirs of either of them, do at all times hereafter upon request to them, or any of them made, at the costs and charges of the said William Painter, his Heirs, and Assigns, make, seal, deliver, acknowledge, and do all and every such further reasonable Act, and Acts, thing, and things, devise, and devises in Law, as shall be reasonably devised, or required to be done by the said William Paynter, his Heirs, or Assigns, or his or their Counsel learned in the Law, for the further assurance, surety, and sure-making of the aforesaid parcel of Woodland, with the appurtenances, unto the said William Paynter, his Heirs, and Assigns: That then this present Obligation to be void, or otherwise to remain in his force and virtue. Which being read and heard, The said Richard saith, That the said William ought not to have his Action against him, because he saith, That the aforesaid William, from the time of the making of the writing aforesaid, until the day of the bringing of the Original Writ, of the said William, that is to say, the 16th. day of October, in the year of the Reign of the Queen that now is, the 24th. had, held, and enjoyed, all the said parcel of Wood, with the appurtenances, called Southwood, in the Condition aforesaid above specified, kept free of and from all and singular former Bargains, sales, gifts, grants, demises, rights, jointures, dowers, rend, charges, and from all other charges, and encumbrances whatsoever had, made, or suffered to be made, by the said Richard Mauser his Heirs, or Assigns, according to the form and effect of the Endorsment thereof, And the said Richard Mauser further saith. That after the making of the writing aforesaid, and before the day of the bringing of the Original Writ aforesaid, That is to say, The 10th. day of April, in the year of the Reign of the said Lady the Queen that now is, the 24th. The aforesaid William Painter at Gillingham in the County of Kent, devised in writing, a certain writing of Release, between the said William Paynter, and him the said Richard Mauser, and the before said John Mauser, and then and there required the said Richard, and the said John, that they would deliver the said writing as their Deed, whereupon the said Richard, the said writing at Gillingham aforesaid, sealed and delivered as the Deed of the said Richard, to the aforesaid William. And further the said Richard saith, That the said John, Son of the said Richard, in the condition aforesaid named, upon the request of the said William, made to the said John, to Seal and deliver that writing as his Deed, upon the showing of the said writing of Release so devised, because the said John was not lettered, and could not read, nor discern the contents, or matter of the said writing at Gillingham aforesaid, then required of the said William Painter, the writing aforesaid, to be delivered unto him, to show the same to a man learned, who could read the said writing to him: so that he upon the reading of the contents of the writing aforesaid, might inform himself, whether that writing were made according to the Tenor of the Condition aforesaid, or not; and the said John, said then and there, That he would Seal and deliver that writing, if that writing were according to the Tenor of the Condition aforesaid, But the said William, then and there refused to deliver to the said John the writing aforesaid, to show to a man learned in the Law, who could read the same to the ●aid john: By reason of which, The said john did not seal, nor deliver the writing aforesaid to the said William, upon the request of the said William, in manner and form aforesaid made: And the aforesaid Richard Mauser saith, That from the time of the making of the writing aforesaid, until the day of the bringing of the Writ aforesaid, there were not any other farther Act or Acts, devise or devises by the said William, or his Counsel learned, devised, and required to be done to the aforesaid William Painter, for the further assurance, security, and sure making of the aforesaid parcel of Wood with the appurtenances, by the said Richard Mauser, and john Mauser, or any of them, to the aforesaid William Painter, his Heirs and Assigns, according to the form and effect of the Condition aforesaid to be done, And this he is ready to aver, whereupon he prayeth Judgement, if the said William his Action aforesaid against him, aught to have, And the said William saith, That the Plea of the said Richard, in manner and form above pleaded, is not sufficient in Law to Barr the said William, to have his Action aforesaid against the said Richard, and that he to that Plea in manner and form aforesaid pleaded, needeth not by the Law of the Land to Answer, and this he is ready to aver, Whereupon for default of a sufficient Plea in this party, The said William demandeth Judgement, and his debt, aforesaid, together with his damages, by occasion of detaining his debt to be adjudged unto him, etc. And the said Richard, for as much as he sufficient matter in Law, to bar the aforesaid William of having the Action aforesaid, against the said Richard above hath alleged, which he is ready to aver, And which matter the said William doth not deny, nor to the same in any manner Answer, but the same averment to admit, doth altogether refuse, as before, he demandeth Judgement, and that the said William from his action aforesaid, having against him the said Richard be barred, etc. And because the Justices here will advise of, and upon the premises before they give Judgement, day is given to the parties aforesaid until the day after the Holy Trinity to hear their Judgement, etc. Because, the said Justices hereof not yet, etc. At which day here come, as well the said William Paynter, as the said Richard Mauser by their Attorneys aforesaid; and because the Justices here will further advise of, and upon the premises before they give Judgement, further day is given to the parties aforesaid until in 8. days of St. Michael, to hear their Judgement, because the said Justices here hereof not yet, etc. At which day come as well the said William Paynter, as the said Richard Mauser by their Attorneys aforesaid; and upon this the premises considered, and by the Justices here fully understood, It seemed to the Justices here, That the aforesaid Plea of the said Rich. Mauser above in Barr pleaded, is not sufficient in Law, the said Rich. as to bar the said Wil. to have his Action aforesaid against the said William Paynter above hath alleged: Therefore it is granted, that the said William Painter, recover against the said Richard Mauser his debt aforesaid, and his damages by occasion of detaining of his debt to 20. pounds to the said William, with his assent by the Court here adjudged, and the aforesaid Richard in mercy, etc. Afterwards, that is to say, the 10 th'. day of June in the year of the Reign of the Queen that now is the 28 t●. came into Court the said William Paynter, by the aforesaid Thomas Antrobas his Attorney, by a special Warrant to him made in this behalf, and acknowledged, That he is satisfied of the debt and damages aforesaid, Therefore the said Richard of the debt and those damages be acquitted, etc.   

Trinity 27ᵒ. Eliz. Rot, 1354. in the Common Pleas. Wiseman's Case. Co. 1. part. Fol. 1. a.  
AT another time, as it appeareth Easter Term in the year of the Reign of the Lady the Queen that now is, the 27 th'. Rott. 1056. it is contained, thus: Essex. ss. Richard Bernard of great Braxsted, in the County aforesaid Yeoman, was summoned to Answer to john Wiseman of a Plea, that he render to him 18. pound which he oweth him, and unjustly detaineth, etc. And whereupon the said john by Apollo Plain his Attorney saith, That whereas one Thomas Wiseman was seized of, and in the Island of Osee with the appurtenances in great Totham, in the County aforesaid in his demesn as of Fee, and so thereof being seized, The said Island with the appurtenances, held of the Lady the Queen ●hat now is, as of her Manor of East Greenwich, in the County of Kent in free Socage, that is to say, by Fealty only, The said Thomas so thereof being seized, the 15 th'. day of October, in the year of the Reign of the Queen that now is, the 19 th'. at Great Totham aforesaid demised, the one moiety of the said Island to the aforesaid Richard, To have and hold the said moiety with the appurtenances to the said Richard, from the feast of St. Michael the Archangel than last passed, until the end and Term of 21. years from thence next following fully to be completed, Yielding and paying therefore yearly to the aforesaid Thomas his Heirs and Assigns, 36. pound of Lawful Money of England at two Terms of the year, That is to say, at the Feast of the Nativity of Saint john the Baptist, and the Birth of our Lord, by equal portions to be paid, By virtue of which demise, the aforesaid Richard, in the moiety aforesaid with the appurtenances did enter, and was, and yet is thereof possessed, and so being thereof possessed, and the said Thomas of the reversion of the said moiety as of Fee and Right, and of the other moiety of the Island aforesaid, being seized in his demesn as of Fee, the said Thomas had issue William his Son and Heir apparent, and the said William had issue John his Son and Hei● apparent; and afterwards the said William at Great Totham aforesaid died, and the aforesaid Thomas of the Reversion of the one Moiety of the Island aforesaid, & of the other Moiety of the said Island with the appurtenances, in form foresaid being seized, The said Thomas so thereof seized, the 20th. day of November, in the 23th. year of the Reign of the Queen that now is, at Great Totham aforesaid, made his Testament and last Will in writing, and by the same, willed and bequeathed to one Thomas Wiseman his Son, the said Reversion of the aforesaid Moiety of the Island aforesaid; and the other Moiety of the said Island, To have to him and the Heirs males of his body lawfully begotten, and for default of such issue, the remainder to the right Heirs of the said Thomas Wiseman the Father for ever. And afterwards, The said Thomas Wiseman the Father at Great Totham aforesaid died of such Estates of the aforesaid reversion of the one Moiety of the Island aforesaid, and of and in the aforesaid other Moiety of the said Island with the appurtenances seized. After whose death the aforesaid Thomas Wiseman the Son into one Moiety of the Island aforesaid entered, and was thereof seized in his demesn as of Fee-tail, and seized of the aforesaid Reversion of the other Moiety of the said Island as of Fee-tail, that is to say to him, and the Heirs males of his body lawfully begotten, the reversion thereof to the said. John, as Cousin and Heir of the said Thomas Wiseman the Father belonging, that is to say, as Son and Heir of William Wiseman deceased, Son and Heir of Thomas Wiseman the Father: And the aforesaid Thomas Wiseman the Son so thereof being seized, and the said John, Cousin and Heir of the aforesaid Thomas, the Father, of the Reversion thereof, as of Fee and Right being seized, The said John the 16th. day of May, in the year of the Reign of the Queen that now is, the 24 th'. at great Totham aforesaid, By his Indenture bearing date the same day & year, made between him the said John Wiseman, by the name of John Wiseman, of the Inner Temple London Gent. Cousin and next Heir of Thomas Wiseman late of Norhead, within the Parish of Muchwaltham in the County of Essex Esq. deceased of the one party, and Anthony Everard, John Mead, and John Sorrel, by the name of Anthony Everard, of the Inner Temple London Gent. john Meade of Great Easton, in the County of Essex Gent. and john Sorrel of Stylsted in the aforesaid County of Essex Gent. of the other party, and in the Court of the said Lady the Queen that now is, of Pleas holden before the Queen herself, within 6 Months then next following, according to the form of the Statute in such case late had and provided in due manner of Record enroled, and of which one part, with the seals of the said Anthony, john Meade, and john Sorrel Sealed, the said john Wiseman here in Court, brings whose date is the said 6 th'. day of May, in the 24 th'. year aforesaid, testifying, That the aforesaid Thomas Wiseman, as well in consideration and to the intent, That all, and all manner, the Manors, Messages, Lands, Tenements, and Hereditaments, with all and singular their appurtenances, should and might for ever after continue, remain, and be at the will and good pleasure of God in the Stock, Name, or Blood of the said john Wiseman, as for divers other good causes, and considerations, him the said john Wiseman then especially moving, had Covenanted, and Granted for himself, his Heirs, Executors, Administrators, and Assigns, To and with the said Anthony Everard, john Meade, and john Sorrel, their Heirs, Executors, and Administrators, and the Heirs, Executors, and Administrators of every of them by the said Indenture, That he the said john Wiseman his Heirs and Assigns, should and would immediately from henceforth stand and be seized of and in the Reversion and Reversions, Remainder and Remainders, of all and singular the Manors, Lands, Tenements, and Hereditaments before mentioned, To the use of the said john Wiseman, and the Heirs males of his body lawfully to be begotten, and for default of such issue, To the use of William Wiseman, Brother of the said john Wiseman lawfully begotten, and for default of such issue, To the use of Thomas Wiseman, another Brother of the said john Wiseman, and the Heirs males of the body of the said Thomas lawfully to be begotten. And for default of such issue, To the use of the Heirs of the body of William Wiseman, Father of the said john Wiseman, and the Heirs of their bodies lawfully to be begotten, and for default of such issue, To the use of the Heirs of the body of the aforesaid Thomas Wiseman deceased, and the Heirs of their bodies lawfully to be begotten, and for default such issue, To the use of the Lady the Queen that now is, and the Heirs and Successors of the said Lady the Queen, Kings and Queens of this Realm of England for ever as by the said Indenture amongst other things it more fully, manifest and doth appear. By virtue of which Indenture, and by force of a certain Act in Parliament of the late King Henry 8. at Westminster, in the County of Middlesex, the 4 th'. day of February, in the year of his Reign the 27 th'. of transferring of uses in possession then holden, set forth, The said John Wiseman was seized of the Reversion of the whole Island aforesaid, as of Fee tail and right, and for default of such issue, the remainder to the aforesaid William Wiseman, Brother of the said John Wiseman, and the heirs males of the Body of the said William lawfully to be begotten. And for default of such issue, To the use of the said Thomas Wiseman, another Brother of the said John Wiseman, and the heirs males of the Body of the said Thomas lawfully to be begotten, And for default of such issue, the remainder thereof to of the heirs of the body of the aforesaid Will Wiseman the Father, and the heirs of their bodies lawfully to be begotten; And for default of such issue, the Remainder thereof to the heirs males of the Body of the said Thomas Wiseman deceased, and the heirs males of their Body lawfully to be begotten; And for default of such issue, The remainder there to the said Lady the Queen that now is, her Heirs and Successors, Kings and Queens of this Kingdom of England belonging; And the beforesaid John of the aforesaid Reversion of the whole Island aforesaid as of Fee tail and right in form aforesaid being seized, the remainder thereof further in the form aforesaid belonging; The said Thomas Wiseman the Son afterwards, that is to say, the 15 th'. day of July, in the year of the said Lady the Queen that now is, the 26 th'. at great Totham aforesaid, died without heir male of his body lawfully begotten, After whose death the said John, into one Moiety of the Island aforesaid with the Appurtenances entered, & was and yet is thereof seized in his Demesn as of Fee tail; And likewise the said John was and yet is seized of the aforesaid Reversion of the other Moiety of the said Island, as of the Fee tail and of right, And thereof being seized; And the said Richard, of the said other Moiety of the aforesaid Island, with the Appurtenances in form aforesaid being possessed, The aforesaid 18. pounds of the Rent aforesaid, for half a year, ended at the Feast of the Birth of our Lord, in the year of the Reign of the Lady the Queen that now is, the 27 th'. to the said John was behind, and do yet remain unpaid, For which Action accrued to the said John to require and have of the said Richard the aforesaid 18. pounds: Yet he the said Richard, although he was often required the said 18. pounds, to the said John hath not yet rendered, but hitherto to render to the same to him hath denied, and yet doth deny; Whereupon he saith he is the worse, and hath damage to the value of 20. pounds. And thereof he bringeth Suit, etc. And the said Richard Barnard, by John Cook his Attorney, comes and doth defend the force and injury when, etc. And saith, That the aforesaid John Wiseman, his Action aforesaid against him ought not to have, because he saith, That well and true it is, That the aforesaid Thomas Wiseman, the Father was seized of the Island aforesaid, in his Demesn as of Fee, And that the said Thomas demised unto the said Richard Barnard the Moiety of the Island aforesaid with the Appurtenances, And that the said Thomas Wiseman the Father, by his aforesaid Testament and last Will, willed and bequeathed to the abovesaid Thomas Wiseman, the Son the aforesaid Reversion, of the said aforesaid one Moiety of the said Island aforesaid, and the other Moiety of the said Island in form aforesaid, And that the said Thomas Wiseman the Son, By virtue of the bequest aforesaid, was seized of the one Moiety of the Island aforesaid, in his Demesn as of Fee tail, and of the Reversion of the other Moiety thereof in Demesn as of Fee tail and Right, that is to say, to him and the heirs males of his Body lawfully begotten, as the aforesaid John Wiseman by his Declaration aforesaid above supposeth: But the said Richard Barnard further saith, That the said Thomas Wiseman the Son, of the one Moiety of the Island aforesaid, and of the Reversion of the other Moiety in ●orm aforesaid being seized, One John Godfrey the 9 th'. day of June, in the year of the Reign of the said Lady the Queen that now is, the 26 th'. sued forth out of the Court of the Chancery, of the said Lady the Queen that now is, in the said Court of Chancery at Westminster aforesaid, then being, a certain writ of the said Lady the Queen, of Entry upon Disseisin in the Post against the said Thomas Wiseman, by the name of Thomas Wiseman Gent. of the Island aforesaid with the Appurtenances, amongst other things, to the Sheriff of the County of Essex directed, by which Writ, the said Lady the Queen that now is, than commanded the said Sheriff, that the said Sheriff should command the said Thomas Wiseman the Son, that truly and without delay, he should render to the said John Godfrey the Island aforesaid, with the Appurtenances, amongst other things, by the name of the Manor of Mockinghall, with the Appurtenances, and 22. Messages, 3. Dove-houses, 23. Gardens, 430. Acres of Land, 162. Acres of Meadow, 460. Acres of Pasture, 22. Acres of Wood, 110. Acres of Furs and Heath, 400. Acres of Marsh, as of 50. shillings of Rent, with the Appurtenances in Barlinge the great, Staubrigge great, Wakeringe, little Wakeringe, Leigh, Shopland, Rochfort, Prt●lewell, Benfl●●t, foulness, Althorpe, Thundersley, Hadley, Great Baddowe, Great Totham, and Gouldhanger, which he claimed to be his Right and his inheritance, And into which the said Thomas Wiseman, than had not entry, but after the Disseisin, which Hugh Hunt unjustly, & without Judgement, did to the said John Godfrey, within 30. years then last passed, as he then said, And whereof he then Complained, That the said Thomas Wiseman the Son, him than did deforce, And unless he should do it, and the aforesaid John Godfrey should then make the said Sheriff secure his clamour to prosecute, than he summon by good summons the aforesaid Thomas Wiseman the Son, that he be before the Justices of the said Lady the Queen here at Westminster aforesaid, from the day of Holy Trinity, in 15. days then next following, to show wholly he did not, etc. And that the said Sheriff should have here the summons, and the said Writ: At which 15. days of Holy Trinity, before Edmond Anderson Kt. and his Companions then Justices of the said Lady the Queen that now is of the Bench, here come as well the said John Godfrey, as the said Thomas Wiseman the Son, in their proper persons, And Thomas Lucas Kt. then Sheriff of the County of Essex aforesaid, returned then here the Writ aforesaid, to him in form aforesaid directed, in all things served and executed, That is to say, That the said john Godfrey found to the said Sheriff pledges to prosecute his Writ aforesaid, that is to say, john Do, and Richard Roose, And that the said Thomas Wiseman the Son, was summoned by john Den, and Richard Fen: Whereupon the said john Godfrey, in his proper person in the said Court, here declaring upon his Writ aforesaid, then demanded against the said Thomas Wiseman the Son, the Manors, Tenements, and Rents aforesaid, with the Appurtenances as his right and his inheritance; And into which the said Thomas had not entry, but after Disseisin, which Hugh Hunt thereof unjustly, and without Judgement did to the said John, within 30. years then last passed, And whereupon then he said, That he himself was seized of the Manors, Tenements, and Rend aforesaid, with the Appurtenances as of Fee and Right, in the time o● Peace, in the time of the Lady the Queen that now is, taking the Profits to the value, etc. And into which etc. And thereupon he then brought Suit, etc. And the said Thomas Wiseman the Son, in his proper person than did defend his Right when, etc. And thereof vouched to Warranty David Howel, who then was present in Court in his own person, and freely the Manor, Tenements, and Rents aforesaid, with the Appurtenances to him did then warrant, upon which the said John Godfrey then demanded against the said David, than Tenant by his Warranty, the Manor, Tenements, and Rents aforesaid, with the Appurtenances in form aforesaid, etc. And whereupon he then said, That he himself was seized of the Manor, Tenements and Rents aforesaid, with the Appurtenances in his Demesn as of Fee and Right in time of peace, in the time of the Lady the Queen that now is, taking the Profits to the value, etc. and in which, etc. and thereupon he brought his Suit, etc. And the said David Howel, Tenant by his Warranty, than defended his Right when, etc. And then said, That the aforesaid Hugh did not disseise the said John Godfrey, of the Manor, Tenements, and Rents aforesaid, with the Appurtenances, as the said john by his Writ and Declaration aforesaid above supposed; And upon that then put themselves upon the Country: And the said John Godfrey, then demanded licence thereof to imparle. And he than had it, etc. And the said john returned back unto the same Court, in the said Term in his proper person. And the said David, although solemnly demanded than came not again, but in contempt of the said Court, departed and made default; Wherefore it was granted in the same Court▪ That the said john Godfrey, should recover his seisin against the said Thomas Wiseman the Son, of the Manor, Tenements, and Rend aforesaid with the Appurtenances, and that the said Thomas should have of the Land of the said David to the value, etc. And that the said David should then be in mercy, etc. And thereupon the aforesaid john Godfrey, then demand-the Writ of the said Lady the Queen, to the said Sheriff of the County aforesaid to be directed, to gve him full seisin of the Manors, Tenements, and Rend aforesaid, with the appurtenances, And which was to him then granted retornable here without delay, &c: And afterwards that is to say, The 8th. day of july, the self same Term came unto the said Court, the aforesaid john Godfrey in his proper person; And the said Thomas Lucas then Sheriff of the County of Essex, then here sent, That he by virtue of the said Writ to him directed, The 4th. day of july, than last passed, delivered to the said J. Godfrey full seisin of the Mamnor, Tenements & Rents aforesaid with the appurtenances, as by the said Writ he was commanded; Which Recovery and Execution thereupon in form aforesaid prosecuted and had, was to the use of the said Thomas Wiseman the Son, and his Heirs for ever. By virtue of which, and of the said Statute in Parliament, of the said Henry late King of England the 8th. at Westminster aforesaid, the 4th. day of February, in the year of his Reign the 27th. of transferring of uses into possessions held, published, and provided, The said Thomas Wiseman the Son, was seized of the said Reversion of one Moiety of the Island aforesaid, with the appurtenances amongst other things, in his Demesn as of Fee and Right, and so being thereof seized, at great Totham aforesaid, died of such his estate so thereof seized, after whose death, The aforesaid Reversion of the one Moiety of Island aforesaid with the appurtenances, amongst other things to Elizabeth, now the Wife of Richard Jeunius, and Dorothy Wiseman, as Sisters and Heirs of the said Thomas Wiseman the Son, which Elizabeth and Dorothy are yet above and in full life, that is to say, at great Totham aforesaid, and this he is ready to aver, whereupon he demandeth Judgement, If the said john Wiseman his Action aforesaid, against him ought to have, etc. And upon this, The said john Wiseman prayeth licence to imparle here until the next day after the Holy Trinity, and hath it, etc. And the same day is given to the said Richard here, etc. And the said john Wiseman saith, That he by any thing before alleged, to have his Action aforesaid ought not to to be barred, because he saith, That long before the Recovery aforesaid, of the Tenments aforesaid, with the appurtenances in form aforesaid had, By a certain Act of Parliament of the Lord Henry late King of England, the 8th. the most Dear Father of the Lady the Queen that now is at Westminster, in the County of Middlesex, the 22d. day of january, in the year of his Reign the 34th. begun and there then holden, and afterwards by divers progations continued until the 12th. day of May, in the year of the Reign of the said late King Henry the 8th. the 35th. held, amongst other Kings. It was enacted by authority of the said Parliament, That whereas divers of the Noble Progenitors of the said late King Henry the 8th. and especially the said late King chief liberally above all others had given, granted, or otherwise had provided to his and their loving and good Servants & Subjects, as well Nobles as others, Manors, Meases, Lands, Tenements, Rents, Services, and Hereditaments, to them and to their Heirs males of their bodies, or to the Heirs of their bodies lawfully begotten, minding at the time of such gifts, not only to prefer & advance presently the donees, but also their Heirs in blood of their bodies according to the limitation of the said gifts, to the intent that the Recompense for the service of such donees, should not only be a benefit for their own persons, but a continual profit and commodity to and for their Heirs coming of their bodies, whereby such Heirs should have in special memory, and daily remembrance the profit that they have and take by the service of their Ancestors, done to the Kings of this Realm of England, and thereby be the better encouraged to do the like service to their Sovereign Lords, as to their duty and Allegiance appertaineth; And because divers such Donees in tail, and their Heirs daily before the making of the Act aforesaid, have suffered by their assent false and feigned Recoveries to be had against them, with common Vourcher, or otherwise, of Manors, Messages, Lands, Tenements, or Hereditaments, so given or provided in tail, by the aforesaid Lord the King, or his Noble Progenitors as is aforesaid, to the intent by fraud, loin, and undue means, not only to bind and defraud their Heirs inheritable, by the limitation of such gifts, but also the said Lord the King of his prerogative, Wardship, primer seisin, and other his rights, whereby Questions, and diversity of opinions have risen, and yet be, Whether such false and feigned Recoveries against such Tenants in tail by their own consents, of Lands, Tenements, or Hereditaments, of which the Reversion or the Remainder were in the King at the time, of such Recovery or Recoveries had, should after the death of Tenant in tail, bind the Heirs in tail or not, For full Declaration thereof, and to avoid and extinct from henceforth diversities of opinions in the like Cases. It was enacted by the said Act, That no such feigned recovery from henceforth after to be had, by assent of parties against such Tenant or Tenants in tail, of any Lands, Tenements, or Hereditaments, whereof the reversion or remainder at the time of such recovery, should be in the Lord the King, should bind or conclude the Heirs in tail, whether any Condition or Voucher should be, in any such feigned recovery or not, but that after the death of every such Tenant in tail against whom any such recovery should be had, the Heirs in tail might enter, have, and enjoy, the Lands, Tenements, and Hereditaments, so recovered according to the form of the gift in tail, the said Recovery or any other thing or things hereafter to be had and suffered, by or against any such Tenant in tail to the contrary notwithstanding. And further by the said Act, by authority of the said Parliament, It was enacted, That the Heirs of every such Tenant in tail against whom any such feigned Recovery should be had, should take no advantage for any Recompense in value against the Voucheenor his Heirs, as by the said Act amongst other things, more fully it appeareth: And the said john further saith, That the said Thomas so of the aforesaid one Moiety of the Island aforesaid, and of the Reversion of the other Moiety thereof in form aforesaid being seized, The Recovery aforesaid, in form aforesaid, by the said john Godfrey, against the beforesaid Thomas Wiseman the Son, was had and executed contrary to the form of the Statute aforesaid, and this he is ready to aver; Wherefore he demands Judgement and his Debt aforesaid, together with his Damages by occasion of the detaining of the said Debt to be ajudged unto him, etc. And the said Richard Barnerd saith, That the aforesaid Plea of the aforesaid john Wiseman, above by Replication pleaded, and the matter in the same contained, are not sufficient in Law to maintain the said john to have his aforesaid Action 'gainst the said Richard, and that he unto the Plea aforesaid, in manner and form aforesaid, pleaded, needeth not to answer by the Law of the Land. And this he is ready to aver, wherefore for default of sufficient Replication of the said john in this part, The said Richard demandeth Judgement, and that the said John from having his Action aforesaid against him be Barred, etc. And the said John Wiseman for as much as he sufficient matter to have his Action against the said Richard by the Replication aforesaid hath alleged, which he is ready to aver, which matter the aforesaid Richard doth not deny, nor to the same doth any ways answer, but doth altogether refuse to admit the averment aforesaid, As before he demandeth Judgement and his debt aforesaid, together with his damages for the detaining of his debt to be adjudged unto him, etc. And because the Justices here will advise of, and upon the premises before they give Judgement thereof, day is given to the parties aforesaid here in 8 bis. of Saint Michael, to hear their Judgement, because the Justices here are not yet, etc. at which day here come as well the said John Wiseman, as the said Richard Barnard by their Attorneys aforesaid, upon which the Plea of the said John Wiseman upon the Replication pleaded being seen, and by the Justices here fully understood. It seemeth to the Justices here, that the said Plea, and the matter in the same contained, are not sufficient in Law for the said John to have and maintain his Action aforesaid against the said Richard, Therefore, it is granted, That the said John take nothing by his Writ aforesaid, but that he be in mercy for his false clamour: And that the said Richard go thereof without day, etc.   

Debt.  
Hillary Term, 34. Eliz. in the King's Bench, Rott. 169. Westbies' Case, Co. 3. part.  
MEmorandum, that at another time, that is to say, the Term of Saint 
Lond. ss.  Michael last passed, before the Lady and Queen at Westminster, came Titus Westby by Thomas Cook his Attorney, and brought here in the Court of the said Lady the Queen then here his Bill against Thomas Skinner, and John Catcher late Sheriffs of London, in the Custody of the Marshal, etc. of a Plea of Debt. And are Pledges of Suit, john Do, and Richard Roose: Which Bill followeth in these words, ss. London, ss. Titus Westby complaineth of Thomas Skinner, and john Catcher late Sheriffs of London, in the Custody of the Marshal of the marshalsea of the Lady the Queen, before the Queen herself being, of a Plea, that they render to him 440. pound of lawful Money of England, which they own him, and unjustly do detain, for that. That is to say, That whereas one Thomas Smith Gent: Edward Winter Gent. Anthony Bastard Gent. by the names of Thomas Smith, of Camden, in the County of Gloucester Gent. Of Edward Winter of Worthington, in the County of Leicester Cent. and Anthony Bastard of Alderbury, in the County of Oxford Gent. the 20th. day of january, in the year of the Reign of the Lady the Queen that now is, the 29th. day at Westminster, in the County of Middlesex, before Christopher Wray Knight, then Chief Justice of the said Lady the Queen of Pleas, before the said Queen holden Assigned, by their certain writing Obligatory, Sealed with their Seals, had granted themselves to be bounden, and did acknowledge themselves to owe to the aforesaid Titus, by the name of Titus Westbie, Citizen & Merchant Tailor of London, or to his certain Attorney, showing the said writing his Heirs, or Executors, in the feast of the Annunciation of the blessed Mary the Virgin than next following, and if they should make default in the payment of the debt aforesaid, Then the said Thomas Smith, Edward Winter, and Anthony Bastard, they willed, and granted, that then there should run upon the said Thomas, Edward, and Anthony, and every of them their Heirs and Executors, the penalty in the Statute staple of debts for Merchandizes in the same bought to be recovered, ordained, and provided; and whereas also the said Thomas, Edward, and Anthony, the said 440. pound by them, in the form aforesaid acknowledged in the Feast aforesaid, to the aforesaid Titus had not paid, nor any of them had paid, By which afterwards, that is to say, the Eleventh day of April, in the year of the Reign of the said Queen that now is, the 30th. One john Chomley Esquir, the Clerk of then said Lady the Queen that now is, the Recognisance for debts, to be recovered according to the form of the Statute in the like case provided deputed by his writing, Sealed with his Seal, the Recognisance aforesaid, in the Chancery of the said Queen that now is at Westminster aforesaid then being, at the request of the said Titus did Certify, And the said Titus thereupon afterwards, that is to say, the 31th. day of August, in the year of the Reign of the said Lady the Queen that now is, the 30th. aforesaid, sued forth out of the said Court of Chancery at Westminster aforesaid then being, a certain Writ of the said Lady the Queen, to the then Sheriffs of London directed, By which Writ reciting, Because the aforesaid Thomas Smith, Edward Winter, and Anthony Bastard, the 20th. day of january, in the year of the Reign of the said-Lady the Queen that now is, the 29th. before Christopher Wray Knight, Chief Justice of the said Lady the Queen, of Pleas before the said Queen to be holden assigned, did acknowledge themselves, to owe to the abovesaid Titus 440. pound, which he the same Titus, they ought to have paid, in the Feast of the Annunciation of the blessed Mary the Virgin than next following, and the same day of issuing out of this Writ had not paid, nor any of them then had paid as was said, The said Lady the Queen by the said Writ, the then Sheriffs of London commanded, That the bodies of the said Thomas Smith, Edward Winter, and Anthony Bastard, if they were Laymen, to take, and in the prison of the said Lady the Queen that now is, until the said Thomas Westbie of the debt aforesaid, of the debt aforesaid safely to be kept, and all the Lands and Chattels of the said Thomas, Edward, and Anthony in the Bailywick of the said Sheriffs, by the Oaths of honest and lawful men of their Bailywick, they should diligently extend and apprise, and seize into the Lands of the said Lady the Queen, that the same to the beforesaid Titus, until to him of his debt aforesaid, he should be fully satisfied, they should make delivery, according to the form of the Statute at Westminster, for the like debts to be recovered thereof made & unprovided, and how the said Sheriffs aforesaid should execute the same they should make known to the said Lady the Queen in her Chancery, in 15. days of Saint Martin than next coming wheresoever it should then be by their Letters Sealed, and that they should have there the said Writ, which said Writ the said Thomas Westbie afterwards, and before the said 15. day of Saint Martin, that is to say, the 8th. day of September, in the year of the Reign of the said Lady the Queen that now is, the 30th. aforesaid at London, that is to say, in the Parish of Christ-Church, in the Ward of Farrington within delivered, to the said Themas Skinner, and john Catcher then being Sheriffs of London in form of Law to be executed: And the said Titus further saith, That the said Anthony Bastard at the same time of the delivery of the said Writ to the said Thomas Skinner, and john Catcher as before is said made, was a Layman, and yet is a Layman, And that by virtue of the said Writ after and before the return thereof, that is to say, The said 8th. day of September, in the year of the Reign of the said Lady the Queen that now is, the 30th. aforesaid, the aforesaid Thomas Skinner, and john Catcher then being Sheriffs of London, the aforesaid Anthony Bastard at London, in the Parish and Ward aforesaid, by virtue of the Writ aforesaid took and arrested, and the said Anthony in Execution for the said aforesaid 440. pound, then and there had according to the exigency of the said Writ; and the said Anthony, under the Custody of the said Thomas Skinner, and john Catcher Sheriffs, in execution in the form aforesaid being, The said Thomas Skinner, and John Catcher Sheriffs, The said Anthony Bastard, afterwards, that is to say, the 20th. day of October, in the 30th. year aforesaid at London, in the Parish and Ward aforesaid from the Custody of the said Thomas Skinner, and John Catcher Sheriffs at large, where he would go did suffer, the said Titus of the aforesaid 440. pound, not being satisfied, Be which Action acrued to the said Titus, to require and have of the said Thomas Skinner, and John Catcher the aforesaid 440. pound for his debt aforesaid, by the said Anthony in form aforesaid acknowledged; yet the said Thomas Skinner, and john Gatcher, although often requested, etc. the aforesaid 440. pound to the said Titus have not yet rendered, but have hitherto denied to render the same unto him, and do yet deny so to do, Whereupon the said Titus, saith that he is the worse, and hath Damage to the value of 400. pounds, and thereof he bringeth his Suit, etc. And now at this day, that is to say, Monday next after 8 bh. of St. Hillary, the self same Term, until which day, the said Thomas Skinner, and john Catcher, had licence to imparle to the said Bill, and then to answer, etc. before the Lady the Queen at Westminster, come as well the said Titus Westbie, by his Attorney aforesaid, as the said Thomas Skinner, and john Catcher, by Christopher Rust their Attorney; And the said Thomas Skinner, and john Catcher defend the force and injury when, etc. And say, That they do not owe to the aforesaid Titus the aforesaid 440. pounds, or any penny thereof in manner and form, as the said Titus above against them declareth: And of this they put themselves upon the Country; And the said Titus likewise, etc. Therefore a Jury came before the Lady the Queen at Westminster, upon Saturday next after 15. days of Easter. And who neither, etc. To Recognize, etc. Because as well, etc. The same day is given to the parties aforesaid here, etc. Afterwards the proceeding thereof was continued between the parties aforesaid, of the plea aforesaid, by Jurors put thereof between them in Respite, before the Lady the Queen at Westminster, until Monday next after three Weeks of Holy Trinity than next following, Unless the Beloved and Faithful of the said Lady the Queen, john Popham K● Chief Justice of the Lady of Pleas, in the Court of the said Lady the Queen to be holden assigned, first, upon Saturday next after 15. days of Holy Trinity, at Guildhall London, by form of the Statute, etc. cometh for default of Jurors, etc. At which Monday next after three Weeks of Holy Trinity before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, and the before said Chief Justice before whom, etc. sent here his record before him had in these words, That is to say; Afterwards the day and place within contained, before john Popham K●. Chief Justice, within written associating to him Thomas Povey, by the form of the Statute, etc. came as well the within named Titus Westbie, as the within written Thomas Skinner, and john Catcher by their Attorneys within contained, and the Jurors sworn, whereof within is made mention, some of them came, and some of them did not come, as it appeareth in the Panel, and some of the said Jurors now appeared, that is to say, john Sly, Thomas Worship, Arthur Parkins, William Tegoe, & john Wiggenton, appeared, and were sworn in the Jury aforesaid, and because that the rest of the Jurors of the said Jury did not appear. Therefore others of the Standards by, chosen by the Sheriffs of London, at the request of the said Titus Westbie, and by the command of the Chief Justice aforesaid were new put, whose names are filed to the Panel within written, according to the form of the Statute in that case made and provided, Which Jurors so a new put appeared, that is to say, john Patson, George Clarke, Alexander Sharp, Edward Flory, Thomas Chapman, Emanuel Trambel, and Henry Field appeared, who being sworn to the Truth of the matters, which is contained with the other Jurors, chosen, tried, and sworn, say upon their Oath, That the within written Thomas Smith, Edward Winter, and Anthony Bastard, the within written 21th. day of january, the 29th. year within written, at Westminster, in the County of Middlesex, within written before the within named Christopher Wray K●. then chief Justice of the Lady within written of Pleas, before the Queen holden assigned, by their writing Obligatory within written, sealed with their Seals, granted themselves to be bounden and acknowledged that they did owe to the aforesaid Titus the within written 440. pounds, To be paid to the same Titus or his certain Attorney, showing that writing, their Heirs, or Executors, in the within written Feast of the Annunciation of the blessed Mary the Virgin than next following, and if they should make default in payment of the said Debt, That then the said Thomas Smith, Edward Winter, and Anthony Bastard, willed and granted that then should run upon them the said Thomas, Edward, and Anthony, and every of them, their Heirs and Executors, the penalty in the Statute of Debts for Merchandizes in the same bought to be recovered, ordained, or provided, in manner and form, as the said Titus likewise within against them declared; And that the said Statute by the said Thomas, sueth Edward Winter, and Anthony Bustard in form aforesaid acknowledged, Afterwards, that is to say, the within written 11th. day of April, in the year of the Reign of the said Lady the Queen that now is, the 30th. within written, by the within named john Chomley, Esq. then Clark of the said Lady the Queen that now is of Recognizances of Debts to be recovered, according to the form of the Statute in the like case provided, deputed, by his Writing within written, sealed with his seal, into the Chancery. of the said Lady the Queen within written, it was certified in manner and form, as the said Titus within likewise, against the said Thomas Skinner, & john Catcher alleged: And that thereupon the said Titus afterwards, that is to say, the within written, the 31th. day of August the 30th. year within written, sued forth out of the said Court of Chancery, within written, the Writ aforesaid within specified, of the said Lady the Queen that now is, to the Sheriffs of London directed, By which Writ, the said Lady the Queen that now is, than commanded the Sheriffs of Lond. That the bodies of the within named Thomas Smith, Edward Winter, and Anthony Bastard, if they were Laymen, to be taken, and in the Prison of the said Lady the Queen, until the said Titus Westbie of the Debt aforesaid, fully satisfied, they should cause safely to be kept, And all the Lands and Chattels of the said Thomas, Edward, and Anthony, in the Balywick of of the said Sheriffs, by the oath of honest and lawful men of their said Balywick, by whom the truth of the matter may best be known, according to the true value thereof, they diligently cause to be extended and apprized, and into the hands of the said Lady the Queen, they make to be seized, that the same to the aforesaid Titus, until he should be fully satisfied of the Debt aforesaid, they might be delivered according to the form of the Statute at Westminster for the like Debts to be recovered, thereof made and provided; And how the said Sheriffs have executed the said Command, that they make known to the said Lady the Queen in the Chancery, within 15. days of St. Martin than next, wheresoever it should then be by their Letters sealed, and that they should have here that Writ which said Writ, the said Jurors say upon their Oath aforesaid, That the said Titus Westbie, afterwards, that is to say, the within written 8th. day of September, in the 30th. year aforesaid, at London aforesaid, that is to say, in the within written Parish of Christ Church, in the Ward of Farrington within, delivered to the said Thomas Skinner, and John Catcher, then being Sheriffs of London in form of Law, to be executed in manner and form, as the aforesaid Titus within likewise against them declared: And further the Jurors aforesaid say upon their oath aforesaid, That the said Anthony Bastard then, that is to say, the aforesaid 8th. day of September, in the 30th. year aforesaid, was in the Goal of the said Lady the Queen that now is of Newgate, under the Custody of the said Tho. Skinner, and J. Catcher, than Sheriffs of London aforesaid, in Execution at the suit of one Robert Dighton, for the Debt of 240. pounds, and the said Anthony Bastard so there in Execution being, The said Thomas Skinner, and john Catcher, then being Sheriffs of London within written, the 8th. day of September, the 30th. year aforesaid, by virtue of the Writ aforesaid, at London aforesaid, took and arrested the within named Anthony Bastard, in manner and form as the said Titus within likewise, against the said Thomas Skinner, and john Catcher declared; And that the said Anthony Bastard so taken and arrested, under the custody of the said Thomas Skinner, and John Cacther, than Sheriffs of London aforesaid, in form aforesaid being, The said then Sheriffs of London, the said Anthony Bastard, in Execution for the aforesaid 440. pounds, then and there had, according to the Command of the said Writ: And moreover, the Jurors aforesaid, say upon their Oath aforesaid, That the said Anthony Bastard, so in custody of the said Thomas Skinner, and John Catcher, for the aforesaid 440. pounds, for the aforesaid other Debt of 240. pounds, to the said Robert Dighton, in form aforesaid being, The said Thomas Skinner, and John Catcher, afterwards, that is to say, the within written 20th. day of October, in the 30th. year aforesaid, in the going out of their Office aforesaid, the said Anthony Bastard, by Indenture delivered to Hugh Offley, and Richard Saltonstall, in Execution for the aforesaid Debt of the said Robert Dighton, without any other mention of the said Execution of 440. pounds, made to the aforesaid Hugh Offley, and Richard Saltonstall, or to any of them given or notified. And further, the said Jurors say upon their Oath aforesaid, That then, That is to say, The 20th. day of October, in the 30th. year aforesaid, The said Thomas Skinner, and john Catcher, from their Office aforesaid were discharged. And further, the said Jurors say upon their Oath aforesaid, That after that the said Thomas Skinner, and john Catcher, from their Office aforesaid, in form aforesaid, were discharged, That the said Anthony Bastard, without payment of any of the aforesaid Debts, in the Custody of the aforesaid Hugh Offley, and Richard Saltonstall, in form aforesaid, being for the said 240. pounds, the said Hugh Offley, and Richard Saltonstall, the said Anthony Bastard having none, nor any of them ever having any Notice to them or either of them given of the said Execution of the aforesaid 440. pounds, at London aforesaid, out of the Prison aforesaid, suffered to go at large where he would; But whether upon the whole matter aforesaid, in form aforesaid found, The said Thomas Skinner and John Catcher, aught to be charged for the aforesaid said Debt of 440. pounds in Law, or not, the Jurors aforesaid are altogether ignorant. And they pray the Advice of the Court of the said Lady the Queen, before the Queen herself being. And if it shall seem to the said Court, That the said Thomas Skinner, and john Catcher, ought not to be charged for the said 440. pounds in Law, upon the whole matter above found, The said Jurors say upon their Oath aforesaid, That the said Thomas Skinner, and john Cacther, do own to the said Titus Westbie, the said 440. pounds, in manner and form as the said Titus within against them declared: And they do also assess the damages of the said Titus Westbie, by occasion of detaining of the said Debt, besides his charges and costs by him about his Suit in this part expended to 20. pounds, and for his charges and costs to 53. shillings, and 4. pence. And if it shall seem to the Court aforesaid, That the said Thomas Skinner, and John Catcher, do not owe to the said Titus Westbie, the said 440. pounds, in manner and form, as the said Thomas Skinner, and John Catcher, within pleading have alleged, etc. And because the Court of the Lady the Queen that now is, here of their Judgement of and upon the premises to be given, are not yet avised; Day is given to the parties aforesaid, before the Lady the Queen at Westminster, until Tuesday next after 8. days of St. Michael, for to hear their Judgement thereof, etc. because the Court of the Lady the Queen here thereof not yet, etc. Before which day, the Plaint aforesaid was Adjourned, by the Writ of the Lady the Queen of Common Adjornment, before the Queen at Westminster, until the day of St. Michael in a month; At which day, the Plaint aforesaid, was further adjourned by another Writ of the Lady the Queen of Common Adjornment, before the Queen, until the next of All Souls than next following, at the Castle of Hartford, in the County of Hartford. At which day, before the Lady the Queen, at the Castle of Hartford, came the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady here, of their giving of their Judgement of and upon the premises is not yet avised, Day is given to the parties aforesaid, before the Lady the Queen, at the Castle of Hartford aforesaid, until Tuesday next after 8 th'. of St. Hillary, to hear their Judgement thereof, because the Court of the Lady the Queen here thereof not yet, etc. And so from Term to Term until Thursday next after 8. days of St. Hillary, to hear their Judgement, etc. cause the Court of the Lady the Queen here, etc. At which day be-before the Queen at Westminster, came the parties aforesaid by their Attorney's aforesaid, Upon which, Seen, and by the Court of the Lady the Queen, here all and singular the premises looked into and understood, and mature deliberation be thereof had, because that it seems to the Court of the Lady the Queen that now is here, That the said Tho. Skinner, and John Catcher, aught to be charged for the said 440. pound. It is granted, That the said Titus Westbie, shall recover against the aforesaid Tho. Skinner, & John Catcher, his debt aforesaid & his damages aforesaid by the Jurors aforesaid, in form aforesaid assessed, as also 10. pound, 13. shill. and 4. pence, for his charges and costs aforesaid, to the said Titus, by the Court of the said Lady the Queen here, with his assent of increase, adjudged, Which damages in the whole do amount to 33. pounds, 6. shillings, 8. pence, and the said Thomas Skinner, and John Catcher, in mercy, etc. Afterwards, that is to say, Upon Monday the 10 th'. day of February, in the year of the Reign of the said Lady the Queen that now is, the 37 th'. The Transcript of the Record, and proceed between in the parties aforesaid, with all things touching the same, by a certain Writ of the Lady the Queen of Errors correcting by the said Thomas Skinner, and John Catcher, in the premises, was brought to the Justices of the Lady of the Queen of the Common Pleas, and the Barons of the Exchequer, of the Lady the Queen, In the Chamber of the Exchequer aforesaid, according to the form of a Statute in the Parliament of the said Lady the Queen at Westminster, the 23 th'. day of November, in the year of her Reign the 27 th'. holden and made in the same Court of the said Lady the Queen, here before the Queen herself were sent, The aforesaid Thomas Skinner, and John Catcher, in the Court of the Exchequer aforesaid, divers matters for Errors, in the Record and Proceed aforesaid, for the revoking and annulling of the Judgement aforesaid assigned: To which the said Titus, in the said Court appearing pleaded, That neither in the Record, nor in the Proceed aforesaid, for the revoking and annulling of the Judgement aforesaid, in any thing was there Error: After which, that is to say, Monday the 20 th'. day of October, in the year of the Reign of the Queen that now is, the 37 th'. the premises seen, And by the Court of the said Lady the Queen there diligently examined and fully understood, as well the Record and proceed aforesaid, and the Judgement upon the same given, as the Cause aforesaid, for Error by the said Thomas and John above assigned and alleged, It seemed to the Court here, That the Record aforesaid, was in nothing vicious or defective, and that in the Record aforesaid, is Error in nothing, Therefore then and there in the same Court, it was granted, That the Judgement aforesaid should be affirmed in all things, and stand in all his force and effect, the said Causes for Error here assigned in any thing notwithstanding. And further, It was granted, That the said Titus should reover against the said Thomas, and John, 80. shillings, to the said Titus by his Assent, by said Court of the Lady the Queen there adjudged, according to the form of the Statute, late made and provided for his costs and charges, which he had by reason of delay of the Execution of the Judgement aforesaid, by Colour of prosecuting the said Writ of Error, etc. And thereupon the Record aforesaid, as also the proceed thereupon before the Justices of the Common Pleas, and the Barons of the Exchequer aforesaid, in the premises had before the Queen wheresoever, etc. by the Justices and Barons aforesaid, were sent back, according to the form of the Statute aforesaid, etc. And in the same Court of the said Lady, now here before the Queen, they remain, etc.    

Ejectione Firm.  

Mich. 30. & 31. Eliz. in the Exchequer, Sir William Pethams' Case, co. 1. part.  
MEmorandum, That at another time, that is to say, in the Term of 
Lond. ss.  St. Hillary, in the year of the Reign of Queen Elizabeth that now is, the 30 th'. Henry Page, Debtor of the Lady the Queen that now is, before the Barons of the Exchequer, of the said Lady the Queen at Westminster, in the County of Middlesex, by John Hawkesworth his Attorney, and brought then and there his Bill against Edward Griffin, of a plea of Trespass, & Ejectment out of his Farm, The Tenor of which Bill followeth in these words: ss. London ss. Henry Page Debtor of the Lady Elizabeth the Queen that now is, cometh before the Barons of the Exchequer, the 27th day of January, this Term, by John Hawkesworth his Attorney, and complaineth against Edward Griffin present here in Court, the same day by Richard Hatton his Attorney, of a Plea of Trespass and Ejectment of him out of his Farm, for that, viz. That whereas one Thomas Bows, Mr. of Arts, the 10 th'. day of January, in the year of the said Lady the Queen that now is, the 29 th'. at London, in the Parish of St. Mary Wolnoth, in the Ward of Langborn London, had demised, granted, and to farm let, to the said Henry Page, one Capital Message, then or late in the tenure or occupation of Edward Griffin of London Haberdasher, situate lying and being in Lomberstreet, in the Parish of St. Mary Wolnoth, in the Ward aforesaid, within the City of London, commonly called and known by the name of the White Lion, together with all Shops, Sellers, Chambers, Places, Easements, Advantages, Profits, and Commodities, with their appurtenances whatsoever, to the said Message belonging, or in any wise appertaining, To have and to hold the said Message, and all other the premises with their appurtenances, to the said Henry Page, his Executors, Adminstrators, and Assigns, from the Feast of the Birth of our Lord then last passed, until the end and Term of 6. years, from thence next and immediately following to be complete and ended; By virtue of which Demise, the said Henry Page into the Message aforesaid with the appurtenances entered and was thereof Possessed, and so being thereof Possessed, The said Edward Griffin afterwards, that is to say, the 11 th'. day of January, in the year of the Reign of the said Lady the Queen that now is, the 29 th'. aforesaid, with Force and Arms, etc. into the Message aforesaid, which the said Thomas Bows to the said Henry in form aforesaid demised, for the Term aforesaid which is not ended, entered, and the said Henry from his Farm aforesaid thereof (his Term aforesaid not ended) did eject, expel, and amove, and other wrongs did unto him, to the great damage of the said Henry, and against the peace of the said Lady the Queen that now is, Whereupon the said Henry saith, that he is the worse, and hath damage to the value of 20. Marks: So as the less, the aforesaid Henry cannot satisfy the Queen that now is, the Debts which to the said Queen he oweth at her Exchequer, And thereupon he bringeth Suit, etc. Pledges of Suit, John Do, and Richard Roose. And now this day, that is to say, in 8 ●● of St. Michael, this Term, that is to say, the 30 th'. year, Until which day, the said Edward Griffin prayed licence to imparle, and then to answer, come here as well the said Henry Page, as the said Edward Griffin by their Attorney's aforesaid, and the said Henry demandeth that the said Edward Griffin answer him in the premises, etc. And upon this, The said Edward Griffin, by his aforesaid Attorney cometh and defendeth the force and injury when, etc. And saith, That he of the Trespass and Ejectment aforesaid, is no way thereof guilty: And of that, he puts himself upon the Country, and the said Henry Page likewise, Therefore it is commanded to the Sheriffs of London, that they make come here, from the day of St. Michael, in one Month 12. etc. of the Nighbourhood of the Parish of St. Mary Wolnoth, in the Ward of ●augborn, within the City of Lond. whereof every one, etc. by whom, and who never, etc. And the same day is given to the parties aforesaid here, etc. At which day, come the parties aforesaid, by their Attorney's aforesaid, And the Sheriffs of London, That is to say, Hugh Offley, and Richard Saltonstall, send here the Writ of Venire Facias, of the Jurors aforesaid, with the Panel of the names of the Jurors to the said Writ annexed, and the said Jurors being called, did not appear, Therefore it was commanded to the Sheriffs of London, that they destrein the Jurors aforesaid, by their Lands, etc. So, etc. upon Wednesday the 6 th'. of November next to come, Unless Roger Manwood Kt. Chief Baron of the Exchequer, of the said Lady the Queen, upon Tuesday the 4 th'. day of November next following, at the Guild-hall of the City of London, by force of the Statute thereof provided, shall first come: So that inquiry thereof before the said Chief Baron, than here distinctly and openly taken, be had here at the aforesaid Wednesday, And it is said to the parties aforesaid, that they be before the said Chief Baron at the Guild-hall aforesaid the said Tuesday, and that they be here the said Wednesday, to hear Judgement upon the uredict of the inquisition aforesaid, if, etc. At which day come the said Parties by their Attorney's aforesaid; And the said Chief Baron delivered here the tenor of this Plea, together with the Writ of Distringas, of the Jurors aforesaid, with the Panel of the names of the Jurors, to the said Writ annexed, and to the said Tenor filed: Which Tenor is endorsed thus: Afterwards the day & place within contained, before Roger Manwood, Kt. Chief Baron of the Exchequer, of the Lady the Queen, associating to him Walter Morley, Gent. by the form of the Statute, etc. came as well the within named Henry Page, as the within written Edward Griffin by their Attorneys within mentioned. And the Jurors whereof mention is within made, being called, some of them, that is to say, John Palmer, Thomas James, Thomas Thomas, George Maunsell, Thomas Bagnill, and Robert Bilborough, and in Jury aforesaid were sworn, and because that the rest of the Jurors of the said Jury did not appear, Therefore other of the standers by, by the Sheriffs chosen at the request of the said Henry Page, by the Command of the said Chief Baron, were anew put, whose names are filed to the Panel within written, according to the form of the Statute in the such case made and provided, and the Jurors so anew chosen and put, that is to say George Clarke, John Barnes, George Ganbie, Thomas Staubauke, William Sutton, and George Roberts, being called, likewise came, who being together with the other Jurors aforesaid, first impanelled, sworn to say the truth of the premises within contained, chosen, tried, and sworn, say upon their Oath; That the City of London is an ancient City, and that all Lands, and Temenents, within the said City are, and time whereof the memory of Men is not to the contrary, were deviseable and bequeathable by Testament in Writing, And that long before the time within written, when it is supposed the Trespass and Ejectment to be done, That one Martin Bows, Kt. was seized of the Message within mentioned, with the Appurtenances amongst other things in his Demesn as of Fee, and that the said Martin Bowes had issue of his body lawfully Begotten, one Thomas Bows, and that the said Thomas, had issue of his body lawfully begotten, Martin Bowes, and the within named Thomas Bowes, and one George Bows; And also the Jurors say upon their Oath aforesaid, That the aforesaid Martin Bowes Kt. before the time in which, etc. that is to say, the 29 th'. day of July, in the year of the Reign of the Queen that now is, the 8 th'. made his Testament and last Will in writing, and by the same amongst other things, Willed and Bequeathed to the said Thomas Bows his Son, the Message aforesaid, with the Appurtenances amongst other things, for the Term of the life of the said Thomas, without impeachment of Waste, and after his decease, than the said Martin Bows K●. by his Testament aforesaid, Willed that the said Message aforesaid, amongst other things, should remain to the said Martin Bowes, the Son of the said Thomas Bowes, To have and to hold to the said Martin, Son of the aforesaid Thomas, and the Heirs males of his body lawfully begotten, And for default of any issue, That then the Message aforesaid with the Appurtenances, amongst other things, should wholly remain to the said Thomas Bowes, second Son of the said Thomas Bowes, Son and Heir of the said Martin Bowes Knight, and the Heirs males of his body lawfully begotten, And for default of such issue, that then the Message aforesaid with the Appurtenances amongst other things, should wholly remain to the said George Bows third Son of the said Thomas Bowes, Son and Heir of the said Martin Bowes Kt. and the Heirs males of his body lawfully begotten, And for default of such issue, that then the Message aforesaid, amongst other things, with the Appurtetenances, should wholly remain to the Heirs males of the body of the said Thomas Bowes, Son and Heir apparent of the said Martin Bowes Kt. lawfully begotten. And for to default of such issue, That then the Message aforesaid, with the Appurtenances, amongst other things, should wholly remain to one Martin Bows, Son and Heir apparent of one Martin Bows, of Jenkins, in the Parish of Barking in the County of Essex, Esq. and the Heirs males of his body lawfully to be begotten: And for default of such issue, That the Message aforesaid, with the Appurtenances, amongst other things, should wholly remain to the Heirs males of the body of the said Martin Bows of Jenkins lawfully begotten, And for default of such issue, That then the Message aforesaid, with the Appurtenances, amongst other things, should wholly remain to one Will. Bowes, son of the aforesaid Martin Bows, Knight, & the Heirs males of his body lawfully begotten, & for default of such issue, that then the said Message with the Appurtenances amogst other things, should remain to the right Heirs of the said George Bows for ever. And the aforesaid Martin Bowes Kt. of the Message aforesaid, with the Appurtenances, amongst other things in his Demesn as of Fee, in form aforesaid being seized, afterwards and before the time in which, etc. that is to say, the first day of October, in the year of the Reign of the said Lady the Queen that now is, the 8 th'. died of the Message aforesaid, with the Appurtenances, amongst other things, in form aforesaid seized, After whose death, The said Thomas Bowes, Son and Heir of the said Martin Bowes Kt. into the Message aforesaid, with the Appurtenances, did enter, and was thereof, amongst other things seized in his Demesn as of Free hold, for the Term of his life, without Impeachment of Waste, according to the form and effect of the Testament aforesaid, with the remainder thereof in form aforesaid expecting: And the said Thomas Bows so being thereof seized, before the time in which, etc. that is to say, the 19th. day of December, in the year of the Reign of the said Lady the Queen that now is, the 14th. by a certain Indenture between the said Thomas Bowes, of the one party, and one William Peltham Esq. of the other party made, bearing date the same day and year, and in the Court of Chancery of the said Lady the Queen that now is, at Westminster in the County of Middlesex, then being with in 6. Months than next following, in due manner of Record enrolled, according to the form of the Statute in such case made and provided, One part whereof sealed with the seal of the said Thomas Bowes, to the Jurors aforesaid was showed in Evidence, For and in consideration of a certain sum of Money to the said Thomas, by the aforesaid William Petham Esq. before hand paid, bargained, and sold to the said William Petham, The Message aforesaid, with the Appurtenances, amongst other things, To have, to him and his Heirs and Assigns for ever, The Tenor of which Indenture followeth in these words. This Indenture made the 19th. day of December, 1571. And in the 14th. year of the Reign of our Sovereign Lady Elizabeth, by the Grace of God, Queen of England, France, and Ireland, Defender of the Faith, etc. Between Thomas Bowes Esq. Son and Heir of Sir. Martin Bowes Kt. late Citizen and Alderman of the City of London deceased, of the one party, And William Petham of London Esq. and Lieutenant General of the Queen's Majesty's Ordnance of the other party, Witnesseth, That the said Thomas Bowes, for and in consideration of the sum of 1000 pounds, of good and lawful Money of England, to him the said Thomas Bowes, by the said William Pelham, at and before the sealing of these presents, well and truly contented and paid, whereof, and wherewith, the said Thomas Bowes, acknowledgeth himself fully contented, satisfied, and paid, And thereof, & of every part and parcel thereof, doth by these presents clearly acquit, exonerate, and discharge the said William Pelham, his Heirs, Executors, Administrators, and Assigns, and every of them for ever, by these presents, Hath bargained, sold, given, and granted, and by these presents, doth fully and absolutely bargain, sell, give, and grant, unto the said William Pelham, his Heirs and Assigns forever, All those 8. Messages, or Tenements, with the Appurtenances, situate lying and being in the Parish of St. Mary Woolnoth, within the City of London, now or late in the several Tennures or Occupations of Francis Barnard Cook, Thomas Atkinson Scrivener, John Allen, Thomas Giles Haberdasher, John Heath Scrivener, Thomas Riding Cloathworker, Citizens of London, Ellen Witten, and Elizabeth Banester of London Widows, or their several Assigns, together with all and singular Shops, Sellers, Yards, Backsides, void Ground●, Easements, Ways, Profits, Commodities and Appurtenances, to the same Tenements, or any of them belonging or appertaining, or at any time had, taken, reputed, known, used, or occupied, as part, parcel, or member of them or any of them, with the Advowson or Patronage, and gift of the Benefice of the said Parish Church of St. Mary Woolnoth, Together with all the Right, Title, Interest, Claim, Demand, and Reversion, with Rents reserved, which the said Thomas Bowes hath, or of right aught to have, of in or to the said 8. Messages, and other the premises, or any part or parcel of them, or any of them: And also the said Thomas Bows for the Consideration aforesaid, Hath bargained, and sold, given, and granted, and by these presents doth fully and absolutely bargain, and sell, give, and grant, unto the said William Pelham, his He is and Assigns for ever: As well the several Counterpaines, of the Indentures o● leases, made, demised, and granted, of the aforesaid several Messages, or Tenements, As also all and every the Deeds, Evidences, Charters, Court-Rolls, rentals, Escripts, Miniments, and Writings, touching, or in any wise concerning the premises, or any part or parcel thereof. All which said several Counterpaines, of the said several Indentures of Lease, and the said Deeds, Evidences, Court-Rolls, Charters, and Miniments, before mentioned, to be bargained and sold, or as many thereof as be in the hands, custody, or possession of the said Thomas Bowes, or of any other to his use; The said Thomas Bowes, doth covenant, grant, and agree, for himself, his Heirs, Executors, Administrators, or Assigns, and every of them, to and with the said William Pelham, his Executors, Administrators, and Assigns, and every of them by these presents, to deliver or cause to be delivered to the said William Pelham, his Heirs, Executors, Administrators, or Assigns, At or before the Feast of the Nativity of St. John the Baptist next ensuing, after the Date of this Indenture, Together with the true Copies of all such other Deeds, Evidences, Charters, Court Rolls, rentals, Miniments, and Writings, as concern the said mentioned premises, and other Lands, Tenements, and Hereditaments, not bargained by these presents, To have and to hold all and singular the aforesaid Messages and other the premises with the Appurtenances, and every part and parcel thereof by these presents, bargained and sold unto the said William Pelham his Heirs and Assigns forever, to the proper use and behoof of the said William Pelham, his Heirs, and Assigns for ever: And further the said Thomas Bowes, doth by these presents covenant and grant for him, his Heirs, and Executors, to and with the said William Pelham, his Heirs, Executors, Administrators, and Assigns, by these presents, That all and singular the said 8. Messages, and other the premises with their Appurtenances, and every part and parcel thereof, by these presents bargained and sold, now remain and be, and at all and every time and times hereafter shall remain and continue unto the said William Pelham, his Heirs and Assigns for ever, clearly acquitted, discharged, or otherwise sufficiently saved harmless, by the said Thomas Bowes, his Heirs, Executors, Administrators, or Assigns, of and from all Bargains, Sales, Jointures, Dowers, Judgements, Executions, Intrusions, Fines, Alienations, and all other charges, duties, and encumbrances whatsoever, heretofore had, made, done, or suffered by the said Thomas Bowes, or his Assigns, or by any other person or persons, the several Leases heretofore made and granted of the premises, now standing in their full force, only excepted and foreprised, during which several Terms, in the said several Indentures of Lease mentioned, the said Thomas Bowes doth covenant and grant for Him, his Heirs, and Assigns, to and with the said William Pelham, his Heirs, Executors, and Assigns, That the several Rents thereupon reserved, shall and may have continuance, and be payable to the said William Pelham, his Heirs and Assigns, during the said several Terms, All manner of chief Rents and services heretofore to be due for the same, to the chief Lord and Lords, of the Fee and Fees only excepted And farther the said Thomas Bowes doth by these presents for himself, his Heirs, Executors, Administrators, and Assigns, and every of them, covenant, grant, and agree, with the said William Petham, his Heirs, Executors, Administrators, and Assigns, and every of them by these presents, That he the said Thomas Bowes, at the making thereof standeth, and is lawful and rightful owner of all and singular the aforesaid 8. Messages, and other the premises, with their Appurtenances, and every part and parcel thereof, And that he is sole lawfully and rightfully seized of a good and perfect estate in Fee simple or Fee tail, in his own right, and to his own use only, and without condition or other defeasance, of all the said 8. Messages, and other the premises by these presents bargained and sold. And that he hath full power and perfect lawful & good authority to bargain, fell, and assure the same in manner & form aforesaid; And further, that he the said Thomas Bowes, and the Heirs of the said Thomas Bowes, and all and every other person and persons, and their Heirs, having, or lawfully claiming any lawful estate or interest, of or in the premises, or any part or parcel thereof, shall and will at the costs and charges in the Law of the said William. Petham, his Heirs and Assigns, at all and every time and times hereafter, during the Term of Four years next ensuing the date thereof, at the reasonable request of the said William Pelham, his Heirs or Assigns, do cause, procure, and suffer to be done, All and every such reasonable and further act or acts, thing or things, devise, or devises, assurance, and assurances whatsoever, for the further and better assurance and sure making, and for the clear and absolute having, and enjoying of all and singular the aforesaid premises with their Appurtenances, and every part and parcel thereof to be enjoyed, conveyed, and assured to the said William Pelham, his Heirs and Assigns, be it by Fine, Feoffment, Recovery, Deed, or Deeds, Enrolled, Enrolment of these presents, Recovery with single or double Vouchers, and with warranty against all men or without warranty or otherwise, as shall be reasonably devised or avised by the said William Pelham, or by the Council learned in the Laws of this Realm of the said William Pelham his Heirs or Assigns: And that the said 8. Messages and other the premises by these presents, bargained and sold, now are of the clear yearly value of 67. pounds, 13. shillings, and 8. pence, of lawful money, over and above all charges and reprises. And after the Feast of St. Michael the Archangel, which shall be in the year of our Lord God, 1688. of the clear yearly value of 71. pounds, 13. shillings, and 4. pence, of lawful Money of England, over and above all charges and reprises. In witness whereof the parties aforesaid to these Indentures sunderly have set their seals. Given the day and year first above written. Memorandum, that afterwards that is to say, the 21. day of December, in the year abovesaid, came the aforesaid Thomas Bows, before the said Lady the Queen in her Chancery, at Westminster in his proper person, And did acknowledge there the Indenture aforesaid, & all and singular in the same contained and specified in the former above written. By Colour of which bargain, sail, and enrolment aforesaid, as also by force of a certain Act of transferring of uses into possession, in the Parliament of the Lord Henry, late King of England the 8th. at Westminster, in the County of Middlesex. the 4th. day of February in the 27th. year of his Reign, holden, made, and provided, The said William Pelham was seized of the Message aforesaid with the Appurtenances amongst other things, in which, etc. as the Law requireth: And the said William so being thereof seized, before the time in which, etc. A certain Recovery was had in the Court of Husting●, of Pleas, of Lands, holden in the Guild-hall London, before the Mayor and Sheriffs of the same City, according to the custom of the aforesaid City, by Nicholas Parker, and Simon Patrick, demandants against the said Willi. Pelham, than Tenant of the said Message, with the Appurtenances amongst other things, in which, etc. in and upon a Writ of the Lady the Queen of Right Patent by the aforesaid Nicholas, and Simon, brought out of the Court of Chancery, of the said Lady the Queen, and in the said Court of Hustings, and according to the custom of the City afore said prosecuted, The Tenors of which Writ, and the return and the proceedngs thereof, as also of the Recovery aforesaid, with all things touching the same, follow in these words. ss. Pleas of Lands, holden in the Hustings in the Guild hall London. Monday next, the feast Perpetue & feliatatis: In the year of the Reign of our Lady Elizabeth, by the grace of God, of England, France, and Ireland, Queen defender of the faith, the 14th. At this Hastings came here in their proper persons, Nicholas Parker, and Simon Patrick, and brought here in Court a Writ of the Lady the Queen of Right Patent, to the Mayor and Sheriffs of London, directed in these words. ss. Elizabeth by the grace of God, of England, France, and Ireland, Queen, defender of the faith, etc. To the Mayor and Sheriffs of London greeting, We command you full Right, you do to Nicholas Parker, and Simon Patrick, of 8. Messages, with the Appurtenances in London, which they claim to hold of us by the free service of 1. penny by the year, for all service which William Pelham Esquire, deforced them, that no more clamour thereof we hear for defect of Right. Witness myself at Westminster, the last day of February, in the year of our Reign the 14 th'. And they found Pledges to prosecute the said Writ, that is to say, John Do, and Richard Roose, And then and there the said Nicholas Parker, and Simon Patrick, put in their place William Dalby, their Attorney against the aforesaid William Pelham, & by the said their Attorney then & there demanded Process, etc. according to the Custom of the City aforesaid, and it is granted unto them, etc. Upon which, than it was Commanded then and there by the said Court, to the Sheriffs of London according to the Custom of the said City, That they summon by good summoners the said William Pelham, that he be here at the next Hastings, London of Pleas of Lands, in the Guild-hall of the City aforesaid, according to the Custom of the said City to be holden, to Answer to the said Nicholas Parker, and Simon Patrick, in the same plea here, etc. At which day, that is to say, at the Hastings London, of Pleas of Lands, holden in the Guid-hall London, Monday next before the Feast of St. Edward, King, and Martyr, in the year of the Reign of the said Lady Elizabeth, etc. the 14 th'. aforesaid, The said Nicholas Parker, and Simon Patrick, by the said William Dalby their Attorney, came and appeared here, etc. And the Sheriffs of London, that is to say, Henry Mills, and John Branch, now sent and returned here upon the Precept aforesaid to them directed, That they by virtue of the said Precept summoned the said William Pelham to be here at this Hastings, to Answer to the said Nicholas Parker, and Simon Patrick in the plea aforesaid, as to them, etc. by John Do, and Richard Roose, summoners, etc. Which Williham at this Hastings, put in his place Roger Coys, and Robert Hogeson, their Attorneys, jointly and severally, against the said Nicholas Parker, and Simon Patrick, in the Plea aforesaid, etc. by William Fleetwood, Esquire, Recorder of the City aforesaid, etc. And upon this the said Nicholas Parker, and Simon Patrick, by the said William Dalby, their Attorney, demand against the said William Pelham, 8. Messages with the Appurtenances, situate lying and being in the Parish of St. Marry Woolnotb in the Ward of Langborn, London, as their Right, etc. By the Writ of the said Lady the Queen that now is, of Right Patent, etc. And to hold of the said Lady the Queen, by the free service of 1. penny by the year for all service, etc. And whereupon they say, That they themselves were seized of the aforesaid 8. Messages, with the Appurtenances, etc. in their Demesn as of Fee and Right, etc. in time of peace, in the time of the said Lady the Queen that now is, etc. taking the Profits thereof to the value, etc. And that such is their Right they offer, &c: And the said William Pelham by his Attorney aforesaid cameth and defendeth, the right of the said Nicholas Parker, and Simon Patrick when, etc. And the seisin of the said Nicholas Parker, and Simon Patrick, of which seisin, etc. and all, etc. and whatsoever, etc. as of Fee and Right, etc. and especially of the said 8. Messages, with the Appurtenances, &c and vouch thereof to warranty, Thomas Bows of London Esquire, And demand summons in London, by the aid of this Court, to warrant to the said william Pelham, the said 8. Messages with the Appurtenances, which the said Nicholas Parker, and Simon Patrick claim against the said William Pelham, as their Right, etc. And the said Nicholas Parker, and Simon Patrick, by their Attorney aforesaid willingly grant, That the said William Pelham have his voucher aforesaid: Whereupon upon the Petition of the said Nicho. Parker, and Sim. Patrick, It was commanded by the Court to the Sheriffs of London, that they summon by good summons, the said Thomas Bowes, that he be here at the next Hustings London, of Pleas of Lands at the Guild-hall, of the City aforesaid to be held, etc. to warrant to the said William Pelham the said 8. Messages with the Appurtenances, etc. against the said Nicholas Parker, and Simon Patrick, etc. And the same day was then and there given, as well to the said Nicholas Parker, and Simon Patrick, as to the said William Pelham in the Plea aforesaid here, etc. At which day, that is to say, at the Hustings London, of Pleas of Lands, in the Guild-hall of the City of London, upon Monday next before the Feast of St. Alphege Bishop, in the year of the Reign of the said Lady the Queen, etc. the 14 th'. come as well the said Nicholas Parker, and Simon Patrick, by the said William Dalby their Attorney, as the said William Pelham by his Attorney aforesaid; And the Sheriffs of London that is to say, Henry Mills, and John Branch, now sent and returned here upon the Precept to them directed, that they by virtue of the said Precept, summoned the said Thomas Bowes, to be here at this Hustings,, to warrant to the said William Pelham the said 8. Messages with the Appurtenances, etc. as to them, etc. by John Do, and Richard Roose Summoners. And upon this, The aforesaid Thomas Bows, whom the said William Pelham vouched to warranty, etc. at this Hastings put in his place Roger Coys, and Robert Hogeson his Attorneys, jointly and severally against the said Nicholas Parker, and Simon Patrick, in the Plea aforesaid, etc. By William Fleetwood Esq. Recorder of the City aforesaid, etc. And now here at this Hustings, The said Thomas Bows by the aforesaid Roger Coys, and Robert Hogeson came, and freely the aforesaid Messages with the Appurtenances etc. To the said Willi. Pelham against the said Nicholas Parker, and Simon Patrick did warrant, etc. And thereupon the said Nicholas Parker, and Simon Patrick, by the said William Dalby, their Attorney, demanded against the said Thomas Bows Tenant, by his warranty aforesaid, the said 8. Messages with the Appurtenances, etc. as their Right, etc. by the Writ aforesaid, etc. in form aforesaid, etc. And whereupon they said, That they were seized of the Messages aforesaid, with the Appurtenances, etc. in their Demesn as of Fee and Right, etc. in the time of Peace, in the time of the said Lady the Queen that now is, etc. taking the profits thereof to the value, etc. And that such is their Right they offer, etc. And the said Thomas Bowes Tenant by his warrantty aforesaid, by the said Roger Coys, and Robert Hogeson their Attorneys came, and denied the Right of the said Nicholas Parker, and Simon Patrick when, etc. And the seisin of the said Nicholas Parker, and Simon Patrick of which deseisin, etc. and all, etc. and whatsoever, etc. as of Fee and Right, etc. and chief of the said 8. Messages with the Appurtenance, etc. And vouched thereof to warranty, Richard Horsted of London Iremonger, who now is present here in Court in his proper person, and freely the said 8. Messages with the Appurtentnces, etc. to the said Thomas Bowes did warrant, etc. And upon this, at the Hustings aforesaid, The said Nicholas Parker, and Simon Patrick, by the said William Dalby their Atterny, demanded against the said Richard Horsted Tenant, by his warranty then and there being in his proper person, the said 8. Messages with the Appurtenances, etc. by the Writ aforesaid, etc. in form aforesaid, etc. as their Right, etc. And whereupon they say, That they were seized of the aforesaid 8. Messages with the Appurtenances, etc. in their Demesn as of Fee and Right, etc. in time of peace, in the time of said Lady the Queen that now is, taking thereof the Profits to the value, etc. and that such is their right offer, etc. and the said Richard Horsted Tenant by his warranty aforesaid, in his proper person cometh and resendeth the right of the said Nicholas Parker, and Simon Patrick, when, etc. and the seisin of the said Nicholas Parker, and Simon Patrick, of which seisin, etc. and all, etc. and whatsoever &c. and chief of the said 8 Messages with the appurtenances, etc. as of fee and right, and saith, that he hath more right to hold the said 8 Messages with the appurtenances as Tenant thereof by his warranty aforesaid to him and his heirs as he now holdeth, than the said Nicholas Parker and Simon Patrick have to demand the said 8 Messages with the appurtenances, etc. as they above demand, etc. and demand Recognition to him hereupon to be done according to the custom of the City aforesaid, etc. and hereupon the said Nicholas Parker and Simon Patrick by their Attorney aforesaid prayeth Licence thereof to imparle, and they have it, etc. and afterwards the said Nicholas Parker and Simon Patrick by their Attorney aforesaid, come again at the self same Court of Hastings ready to the plea of the said Richard Horsted Tenant by his warrant aforesaid in form aforesaid pleaded to reply, etc. and the said Richard Horsted Tenant by h●s warranty aforesaid although solemnly called, came not again but in contempt of the Court departed and made default. Therefore, It is considered by the said Court, That the said Nicholas Parker and Simon Patrick shall recover seisin against the said William Pelham of the aforesaid 8 Messages with the appurtenances, etc. to hold to the said Nicholas Parker, and Simon Patrick and their heirs, acquitted from the said William Pelham and his heirs, and also from the said Thomas Bowes and his heirs, as also from the said Richard Horsted and his heirs for ever: and that the said William Pelam have of the Lands and Tenements of the said Thomas Bows to the value etc. and that the said Thomas Bowes have of the Lands and Tenements of the aforesaid Richard Horsted to the value, etc. and that the said Richard Horsted be in mercy, etc. and hereupon at the self same Hastings at the petition of the said Nicholas Parker and Simon Patrick, it was commanded to the Sheriffs of London, that they to the said Nicholas Parker and Simon Patrick and their heirs for ever, of the Messages aforesaid with the appurtenances give full and peaceable seisin, and how the said Command & was executed that they make known unto the Court here at the next Hastings of London of pleas of Lands in the guildhall of the City aforesaid to be holden, etc. at which day, that is to say, ●t the Hustings of pleas of Lands holden in the Guild-hall London, Monday next before the feast of Saint Philip, and James in the year of the said Lady the Queen the 14 th'. aforesaid, the Sheriff, of London, that is to say, Henry Mils, and John Branch returned, and certified to the Court here, etc. That they by virtue of the precept to them directed full and peaceable seisin to the said Nicholas Parker and Simon Patrick, of the 8 Messages with the appurtenances, etc. made to have according to the effect of the precept aforesaid, as it was above commanded unto them, etc. as by the said recovery aforesaid under the seal of the office of the Mayraltie of the City aforesaid, to the Jurors aforesaid, showed in evidence fully appeacheth. And farther the Jurors aforesaid say upon their oath aforesaid, that the said William Pelham in the Indenture aforesaid named, and the said William Pelham against whom the said Nicholas Parker and Simon Patrick sued forth the writ of Right aforesaid, is one and the same person, and not another nor divers. And that the said Thomas Bowes Son and heir of the said Martin Bowes Knight, and the said Thomas Bows in the recovery aforesaid specified whom the said William Pelham vouched thereto warranty, and the said Thomas Bows above named, is one and the same person, and not another, nor divers. By colour whereof the said Nicholas, and Simon, afterwards and before the 8 th'. day of May in the year of the reign of the said Lady the Queen that now is, the 14 th'., that is to say, the first day of May in the 14 th'. year aforesaid in the Message aforesaid, with the appurtenances amongst other things entered, and were thereof amongst other things seized. And farther the said Jurors say upon their oath aforesaid, that the recovery aforesaid, of the aforesaid Message with the appurtenances amongst other things in form aforesaid had, was had with the assent and agreement of the said Nicholas and Simon, William Pelham, Thomas Bowes, Son of the aforesaid, Martin Bows Knight, and Richard Horsted, and without any just title of the said Nicholas and Simon, to the use of the said William Pelham, his heirs and assigns for the farther his assurance of and in the aforesaid Message with the appurtenances amongst other things according to the form and effect of the Covenants and agreements of the said indenture of bargain and sale specified by the said Thomas Bows Son of the said Martin Bowes Knight, to the said William Pelham, as before is said, made by colour of which recovery as also by force of the aforesaid Act of Parliament of transferring of uses into possession, the said William Pelham was seized of the aforesaid Message, with the appurtenances amongst other things as the Law requireth: and that afterwards, that is to say, the first day of December in the year of the reign of the said Lady the Queen that now is, the 16 th'. the said Martin Bows Son of the said Thomas Bowes, Son of the said Martin Bowes Knight, then being within the age of 21 years, that is to say of 17 years, died without issue of his Body Lawfully begotten. And that the aforesaid William Pelham of the said Message with the appurtenances, amongst other things as before is said, recovered in form aforesaid being seized before the aforesaid time in which, etc. that is to say, the 10 th'. day of September in the year of the Reign of the said Lady the Queen that now is, the 27 th'. demysed the said Message with the appurtenances in the declaration aforesaid above specified to the aforesaid Edward Griffin, to have to him and his assigns from the feast of Saint Michael the Archangel than next ensuing until the end and Term of 21 years then next following, By virtue of which demise, the said Edward Griffin was of the said Message with the appurtenances possessed; and that afterwards that is to say, the 10 th'. day of January in the year of the said Lady the Queen that now is the 29th. the aforesaid Thomas Bows, Son of the said Thomas Bowes Son and heir of the said Martin Bowes Knight, into the Message aforesaid with the appurtenances in the declaration aforesaid above specified, upon the possession of the said Edward Griffin thereof entered, and then and there demysed, granted, and to farm let to the said Henry Page the said Message with the appurtenances to have to him his executors and assigns from the within written feast of the birth of our Lord then last passed unto the end and Term of the within written Six years, and that the said Edward Griffin afterwards, that is to say, the within written 11th. day of January in the 29th. year abovesaid, into the Message aforesaid, with the appurtenances upon the possession of the said Henry Page thereof, did reenter, and the said Henry from the possession of the Message aforesaid did expel and amove: and that the said Thomas Bowes Son of the said Martin Bowes Knight, and Father of the said Thomas Bowes Master of Arts, yet living and being in full life, that is to say at London, in the Parish and Ward aforesaid: But whether upon the whole matter aforesaid, in form aforesaid found, the entry of the said Thomas Bowes Master of Arts, Son of the said Thomas Bowes, Son of the said Martin Bowes Knight, into the message aforesaid with the appurtenances, in the declaration aforesaid specified upon the possession of the aforesaid Edward Griffin, be, and in Law ought to be adjudged, a lawful entry in to the said Message or not, the Jurors aforesaid are altogether ignorant and pray the advice of the Court here, etc. and if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Court here, that the aforesaid entry of the said Thomas Bowes Master of Arts, Son of the said Thomas Bowes, Son of the aforesaid Martin Bows Knight, be a lawful entry, than the Jurors aforesaid say upon their oath aforesaid, That the said Edward Griffin is guilty of the trespass, and ejectment aforesaid, as the said Henry within against him complaineth, and assess the damages of the said Henry, by the occasion of the trespass, and ejectment aforesaid, besides charges, and costs by him about his suit in this behalf; to 12 pence, and for his charges and costs, to 5 shillings and 4 pence, and if to the Court of the said Lady the Queen here, it shall seem that the aforesaid entry of the aforesaid Thomas Bows Master of Arts, Son of the said Thomas Bowes, Son of the said Martin Bowes Knight, be not a lawful entry, Then the Jurors aforesaid, say upon their oath aforesaid, That the said Edward Griffin is not guilty of the Trespass and Ejectment aforesaid, as the said Henry Page within hath alleged. And because the Barons here will advise of, and upon the premises before they give their judgement thereof, day is given to the parties aforesaid here until 8 days of Saint Michael next coming to hear their Judgement, because the Barons here, thereof not yet, etc. at which day, come the paries aforesaid by their Attorneys aforesaid; and because the Barons are not yet avised of giving their Judgement of, and upon the premises, further day is given to the parties aforesaid here until from Ester day in 15. days next coming to hear their Judgement because the Barons thereof are not yet, etc. at which day came the said parties by their Attorneys aforesaid: And upon this the premises by the Barons here seen, and mature deliberation thereof had betwixt themselves, because it seemeth to the said Barons, that the aforesaid entry of the said Thomas Bowes Master of Arts, Son of the said Thomas Bowes, Son of the said Martin Bowes Knight is a Lawful entry. Therefore it is granted that the said Henry Page, recover against the said Edward Griffin his possession of his term aforesaid then to come of, and in the Message aforesaid with the appurtenances in the declaration aforesaid above specified, and his damages by the occasion of the trespass and ejectment aforesaid to 54 shillings and 4 pence by the Jurors aforesaid in form aforesaid asseised, as also further 8 pound and 10 shillings to the said Henry Page, at his request, for his charges and costs aforesaid by the Court here of increase adjudged, which damages in the whole do amount to 11. pound 4. shillings 4. pence and that the said Edward Griffin be taken, etc. And hereupon, by a writ of the said Lady the Queen here issuing forth at at the request of the aforesaid Henry Page, it is commanded to the sheriffs of London, that to the aforesaid Henry, they his full possession of his term yet to come of, and in the Message aforesaid with the appurtenances in the declaration above specified without delay to him they give, and how the said precept is executed that the said sheriff make it appear to the Barons of the Exchequer of the said Lady the Queen here the morrow of the Holy Trinity next to come; and also it is commanded to the said Sheriffs that of the goods and chattels of the said Edward Griffin in their Balywick the said 11. pound 4. shillings and 4 pence, for the damages aforesaid, in form aforesaid recovered they do execution; and that the said money when they have so levied they have before the Barons here at the aforesaid Term to the said Henry Page, or to his Attorney in this behalf then here to be paid, etc. And that afterwards the said Lady the Queen that now is s●nt her writ under her great seal ou● of her Chancery, to the Treasurors and her Barons of the Exchequer ●ere directed, which is enroled in the remembrance of this Exchequer of the 31th. year of the Reign of Queen Elizabeth that now is, that is to say, amongst the Records of Esther Term remaining with the remembrancer of the said Lady the Queen here; The tenor of of which writ followeth in these words ss. Elizabeth, by the grace of God, of England France and Ireland Queen, defender of the faith, etc. To the Treasurer and her Barons of the Exchequer, greeting because that in the Record and process and also of giving of Judgement of a plea which was in our Court before you the aforesaid Barons in our Exchequer aforesaid by bill, between Henry Page our debtor, and Edward Griffin of a certain trespass and Ejectment of his Farm, to the said Henry by the said Edward done as is said Error manifest hath intervened to the grievous damage of the said Edward as of his complaint we have received. And whereas in a statute in Parliament of the Lord Edward late King of England the third, our Progenitors at Westminster, in the year of his Reign the 31th holden, made amongst other things, it was agreed and established, That in all cases touching us and other persons, where one complaineth of Error done in the Exchequer, the Chancellor and Treasurer shall do to come before them in some Chamber near unto the Exchequer, the Record and Process out of the Exchequer, and taking to them Justices, and other sage persons, such as shall seem fit to them to be taken, and also calling before them the Barons of the Exchequer aforesaid, to hear their informations and causes of their Judgements and hereupon shall duly examine the business, and if any Error shall be found to correct the same and to amend the Rolls, and after to send the same into the said Exchequer to make thereof execution, as in the statute aforesaid more fully is contained, we therefore willing, Error if any be according to the form of the aforesaid statute to be corrected, & to the parties aforesaid full & speedy Justice in the premises to be done Command you that if Judgement thereupon be given, That then the Record & process aforesaid with all things touching the same before our Chancellor of England, and you the aforesaid Treasurer in the Chamber next unto the Exchequer aforesaid called the Council Chamber, the third day of June next to come, you cause to come that the said Chancellor and you the aforesaid Treasurer, seeing, and examining the Record and process aforesaid and your informations being heard, you the said Barons farther in this behalf with the Council of the Justices and other sages, do that which of right and according to the form of the statute aforesaid is to be done. Witness myself at Westminster the 6th. day of May in the year of our Reign the 31th. and that afterwards, the said Lady the Queen that now is, sent here another writ under her great seal out of the Chancery to the Treasurer and her Barons of this Exchequer directed which is enroled in the Remembrancers of the said Exchequer of the 31 year of the now Queen Elizabeth, that is to say, amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen here, the Tenor of which writ followeth in these words ss. Elizabeth by the grace of God, of England, France, and Ireland, defender of the faith, etc. To the Treasurer and Barons of her Exchequer, greeting, Because in the Record and process, and also in giving of Judgement of a plea which was in our Court, before you the aforesaid Barons of our Exchequer aforesaid in Easter Term last passed by Bill between Henry Page our Debtor, and Edward Griffin of a certain trespass and Ejectment out of his Farm, to the said Henry by the said Edward done as is said manifest Error intervened To the grievous damage of the said Edward as by his complaint we have received, and whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 13th. made amongst other things it was agreed unto and established that in all cases the King and other persons touching where any complaineth of Error done in the Exchequer the Chancellor and Treasurer shall cause to come before them in some Chamber of Council nigh unto the Exchequer, the Record and process out of the said Exchequer, and taking to them the Justices and other sages, whom they shall think fit to be taken, and also to be called before them the Barons of the Exchequer aforesaid, to hear their informations & the causes of their Judgement, & thereupon shall cause the business duly to be examined, and if any Error shall be found that they correct the same, and the rolls to be amended. We therefore willing Error if any were according to the form of the statute aforesaid to be amended and full and speedy Justice to be done to the parties in his behalf we command you that if Judgement thereof be given that then the Record and process aforesaid with all concerning the same before our Chancellor of Engla● and you the aforesaid Treasurer in the Council Chamber near unto the Exchequer aforesaid, 10th. day of this Instant month of June, your cause to come, That the same Chancellor and you the said Treasurer the Record and Process aforesaid being seen, and hearing your informations, you the said Barons further in this behalf of the Council of the Justices and the other sages do that which of right and a●●ording of the form of the statute aforesaid is to be done. Witness my se●● at Westminster, the third day of June in the year of our Reign the 31. At which day the aforesaid Chancellor and Treasurer into the Chamber aforesaid did not come, and that afterwards, the said Lady the Queen that now is, sent another writ under her great Seal out of her Chancery To the Treasurer and Barons of this Exchequer, directed, which is enroled in the Remembrancers of the said Exchequer of 31th. year of Queen elizabeth, that now is, that is to say, amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen, the Tenor of which writ followeth in these words: ss Elizabeth by the grace of God of England France and Ireland Queen, defender of the Faith, etc. To the Treasurer and Barons of the Exchequer greeting, Because that in the Record and process, and also in giving of Judgement which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in Easiher Term last passed by Bill, between Henry Page our debtor and Edward Griffin of a certain Trespass and Ejectment of him out of his Farm to the said Henry by the aforesaid Edward Griffin done as is said, Error manifest intervened, to the grievous damage of the said Edward, as by his Complaint we have received. And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 31th. holden, it was amongst other things agreed unto and established, that in all cases the King and other persons touching where any complains of Error done in process in the Exchequer, the Chancellor & Treasurer shall cause to come before them in some Chamber of Council nigh unto the Exchequer the said Record and process out of the said Exchequer, and taking to them the Justices and other sages as to them they shall seem good to be taken, and also to be called before them the Barons of the Exchequer aforesaid to hear their informations and the causes of their Judgement, and thereupon the business aforesaid duly to be examined; and if any Error shall be sound, the same to be corrected, and the Rolls to be amended, and afterwards to send them into the said Exchequer to do execution thereof as belongeth, as in the said statute is contained. We therefore willing Error if any such shall be according to the form of the statute aforesaid to be corrected, and to the parties aforesaid full and speedy Justice to be done in that behalf, Command you, that if Judgement be thereof given, Then the Record and process with all touching the same before our Chancellor of England and you the said Treasurer in the Chamber of Council near unto the Exchequer aforesaid called the Council Chamber the 14th. day of October then ollowing, you cause to come, that the said Chancellor and you the said Treasurer seeing, and examining the Record and process aforesaid, and your informations being heard, you the said Barons further in this behalf with the Council of the Justices and other sages cause to be done what of right and according to the form of the statute aforesaid is to be done Witness myself at Westminster the 13th. day of June in the year of our Reign the 31th. At which 14th day of October before Christopher Hatton Knight Chancellor of England, and William Cecil Knight, Lord Burghley Treasurer of the Exchequer aforesaid in the said Chamber near the Exchequer aforesaid at Westminster, came the said Edward Griffin by Richard Hatton his Attorney, and the aforesaid Traesurer and Barons the Rec●●d and process aforesaid with all things touching the same then and there caused to come, and upon that the said Edward said, That in the Record and process aforesaid and also in the giving of the Judgement aforesaid, It is manifestly Erred, First in this, that is to say, because it doth not appear in the Record aforesaid that the aforesaid Thomas Bows Master of Arts in the Record aforesaid above named was seized of the remainder of the Message aforesaid with the appurtenances in the declaration aforesaid above specified at the time of the said recovery in the aforesaid Court of Hustings in the Guild Hall of London in form aforesaid had, for which cause, the entry of the said Thomas Bowes Master of Arts into the Message aforesaid with the appurtenances in the said Declaration aforesaid specified was not lawful. Item, in this also it is Erred, for that the aforesaid recovery was had in the said Court of Hustings before the 8th. day of May in the year of the Reign of the Lady the Queen that now is the 14th. and that the said Thomas Bowes, who before was Tenant for Term of life was vouched in the said Court by the aforesaid William Pelham in the said Recovery named to warrant the Message aforesaid with the appurtenances, amongst other things, which Thomas afterwards by Summons by his Attorney, appeared in Court, and freely the Message aforesaid, to the said William did warrant: and farther vouched to warrant, the aforesaid Richard Horsted, who present in the same Court, the Message aforesaid with the appurtenances, farther warranted, and afterwards made default, by which Judgement against the said William Pelham in the said Recovery was given, and execution thereof in the form aforesaid was had, so as the said Thomas Bows Master of Arts, of the remainder without any demand in the Messages aforesaid, with the appurtenances to have stood utterly excluded, and for that cause the aforesaid entry of the aforesaid Thomas Bows Master of Arts, into the said Message with the appurtenances after the said Recovery in form aforesaid had, and executed, was unlawful. 1. Item, in this also it is erred, because it was found, that before any entry of the said Thmas Bows Master of Arts, the Judgement aforesaid was fully and in due manner executed, after which Execution so had, although the said Thomas Bowes Master of Arts, before the Execution aforesaid, had had title of Entry; Yet the said Thomas by the Law of the Land, into the Message aforesaid after the Eexcution aforesaid so had, could not enter: Item, in this further it is erred, because it is found by the Jurors aforesaid, That the said Thomas Bows the Father, etc. who was Tenant for Term of his life, of the Message aforesaid with the Appurtenances, is yet living, and is in full life; And so the aforesaid Entry of the said Thomas Bowes, Master of Arts, in the Message aforesaid with the Appurtenances, in form aforesaid, during the life of the said Tho. Bows his Father made, ought not to be adjudged lawful: And for these causes the Judgement aforesaid for ●he said Henry Page, against the said Edward Griffin, and all thereupon depending, upon the Bill aforesaid against the said Edward in form aforesaid spoken and exibited, is not sufficient in Law, and he prayeth, That the said Judgement aforesaid, for the Errors aforesaid, and others in the Record and process aforesaid being, be revised, annulled, and utterly holden for none, and that he unto all which by the occasion of the Judgement aforesaid given, he lost he be restored. And further the said Edward Griffin, the Writ of the Queen to warn the said Henry Page, that he should be before the said Chancellor and Treasurer in the Court aforesaid at Westminster, to hear the Record and process aforesaid, and also the Errors aforesaid, and further to do and receive what should be just in the premises, etc. And it was granted to him retornable, upon Tuesday the 28 th'. day of Octo. next following, etc. At which day, before the aforesaid Chancellor and Treasurer, in the Court aforesaid, at Westminster, came the said Henry Page, by his Attorney aforesaid: And the Sheriffs of London, that is to say, Richard Gourney, and Stephen Soame, now sent by Thomas Bickliff, and Humphrey Walsingham, good and lawful Men of their Baliwick, That they did warn the said Henry Page, that he should be before the Chancellor and Treasurer aforesaid, in the aforesaid Chamber at the day and place aforesaid, to do and receive as the said Writ commanded and required; And thereupon the said Edward, by John Hawkesworth his Attorney came likewise, and demanded the hearing of the Record and Process, as also of the Errors aforesaid. And they are read unto him, etc. which being read and heard, The said Henry Page said, That in the Record and Process aforesaid, made in the giving of the Judgement aforesaid, it is in nothing erred, and prayed that the Court here proceed as well to the Examination of the Record, and the Process aforesaid, as the causes aforesaid for Errors alleged; And that the Judgement aforesaid in all things might be affirmed. And because the aforesaid Chancellor and Treasurer would advise of and upon the premises, before they give their Judgement, day is given to the parties aforesaid here, that is to say, in the Chamber aforesaid, until Tuseday the 11 th'. day of November next following, to hear their Judgement, etc. At which day, before the aforesaid Chancellor and Treasurer in the Chamber aforesaid, at Westminster, come the parties aforesaid, by their Attorney's aforesaid: And because the aforesaid Chancellor and Treasurer, are not yet avised of giving their Judgement of and upon the premises, further day is given to the parties aforesaid, before the aforesaid Chancellor or Treasurer, in the Chamber aforesaid, until Tuseday the 18th. day of November, than next following, to hear their Judgement, etc. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid, at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises, further day is given to the parties aforesaid, until Tuesday the 25 th'. day of November following, to hear their Judgement, etc. At which day, before the aforesaid Chancellor and Treasurer in the Chamber aforesaid, at Westminster, come the parties aforesaid, by their Attorney's aforesaid, and because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the Premises, further day is given to the parties aforesaid, here before the aforesaid Chancellor and Treasurer in the Chamber aforesaid, until Tuesday the 27 th'. day of January next following, to hear their Judgement thereof, etc. At which day, before the aforesaid Chancellor and Treasurer in the Chamber aforesaid, at Westminster aforesaid, come as well the said Henry Page, by John Hawkesworth his Attorney aforesaid, as the aforesaid Edward Griffin by Rich. Hatton his Attorney aforesaid, and thereupon the said Henry said, That the said Edward his Writ aforesaid, for correcting of Errors, against the said Henry in this case, further to prosecute or maintain ought not, because he saith, That after the last continuance of the Plea aforesaid, that is to say, after the aforesaid Tuesday, that is to say, the 25 th'. day of November, from which day the Plea aforesaid was last continued, until this day, that is to say, the aforesaid Tuesday, that is to say, the 27 th'. day of January, and before this day, That is to say, the 15 th'. day of January, in the year of the Reign of the said Lady the Queen that now is the 32d. The said Edward, by the name of Edward Griffin, of London Haberdasher, At London, in the Parish of St. Mary of Bow, in the Ward of Cheap London, by his certain Writing of Release, which the said Henry with the seal of the said Edward sealed here into Court brought, whose date is the said 15 th'. day of January, in 32 d. year aforesaid, released and quit claimed to the said Henry Page, by the name of Henry Page of London Merchant-Taylor, All manner of Actions, Suits, Errors, Writs of Error, Quarrels, Plaints and Demands whatsoever, which the aforesaid Edward against the said Henry then had depending, or which at any time then after he might or ought to have against the said Henry, his Executors, or Administrators, for any matter or thing whatsoever, from the beginning of the world unto the day of the date of the said Writing of Release, as by the said Writing here in Court showed, plainly appeareth; And this, the said Henry is ready to aver, Whereupon he demands Judgement if the said Edward, his aforesaid Writ for correcting of Errors against the said Writing of Release of the said Edward, further against the said Henry, he ought to maintain or prosecute.  
A Tenant for Life, the Remainder in Tail, the Remainder in Fee, Bargains and sells the Land in Fee to one who before the Statute of 14. Eliz. suffers a Recovery, in which A. is vouched, and voucheth over, and he in the Remainder enters, and the Entry adjudged Lawful, and a Writ upon that is sued, and the Plaintif doth release the Errors.   

Michaelmass Term, 38. & 39 Elizabeth, in the KING'S BENCH, Rot. 551. Ejectione Firm, The Rector of Chedingtons' Case, C. 1. part. fol. 148. b.  
MEmorandum, That at another time, That is to say, in Easter Term last 
Buck. ss.  passed, before the Lady the Queen at Westminster, came David Loyd Clerk, by Stephen Worley his Attorney, And brought here in the Court of the said Lady the Queen then and there his Bill against William Wilkinson, in the custody of the Marshal, etc. of a Plea of Trespass and Ejectment of him out of his Farm: And are Pledges of Suit, John Do, and Richard Roose, which Bill follows in these words. ss. Buck. ss. David Loyd Clerk, complaineth of Wil Wilkinson, in the custody of the marshalsea of the Lady the Queen before the Queen herself being, for that, that is to say, That whereas David Robert's Clerk, Rector of the Parish Church of Chedington in the County aforesaid, the 26th day of March, in the year of the Reign of the Lady Elizabeth now Queen of England the 38 th'. at Chedington aforesaid, by his Indenture sealed with his Seal, and to the Court of the said Lady the Queen that now is showed, bearing date the same day and year, demised, granted, and to Farm Let to the aforesaid David Loyd, The Rectory of the Parish Church of Chedington aforesaid, and 60. Acres of Lands with the Appurtenances in Chedington aforesaid; To have and to hold the Rectory and Tenements aforesaid with the Appurtenances to the said David Loyd, and his Assigns, from the day of the date of the Indenture aforesaid, unto the end and Term of 3. years, than next following, and fully to be completed; By virtue of which demise, The said David Loyd into the Rectory and Tenements aforesaid with the Appurtenances aforesaid, did enter and was thereof possessed, until the said William afterwards, that is to say, the 10 th'. day of April, in the year abovesaid, at Chedington aforesaid, with force and arms, etc. into the Rectory and Tenements aforesaid with the Appurtenances, upon the possession of the said David Loyd, thereof did enter, and the said David Loyd from his Farm aforesaid thereof (his Term aforesaid not yet ended) ejected, expelled, and amoved, and him the said David Loyd from his possession aforesaid held out, and doth yet hold out, and other wrongs did unto him, against the peace of the said Lady the Queen that now is, to the damage of the said David Loyd of 20. pounds, and thereof he produceth suit, etc. With this, that the said David Loyd will aver, That the aforesaid David Roberts, than Rector of the Parish Church aforesaid, is living, and is in full life, etc. at Chedington aforesaid, etc. And now at this day, Saturday next after 8. days of St. Michael this same Term, until which day the said William had licence to the Bill aforesaid to imparle, and then to answer, etc. before the Lady the Queen at Westminster cometh as well the aforesaid David Loyd by his Attorney aforesaid, as the said William by Richard Bedfield his Attorney, And the said William defendeth the force and injury when, etc. And saith that he is not thereof guilty, and of this he putteth himself upon the Country, And the said David likewise, etc. Therefore a Jury before the Lady the Queen at Westminster, Saturday next after 1. month of St. Michael, and who, etc. And because, etc. the same day is given to the parties aforesaid there, etc. Of which day, The Jury aforesaid, between the parties aforesaid, was put between them in respite, before the Lady the Queen at Westminster, unto Thursday next after the month of Ester than next following, for want of Jurors, etc. At which day before the Lady the Queen at Westminster, come as well the said David Loyd, as the said William Wilkinson by their Attorney's aforesaid, and the Jurors of the said Jury being called, also appeared, Who to say the truth of the premises being chosen, tried, and sworn, As to the said 60. Acres of Lands, above in the Declaration aforesaid specified, say upon their Oath aforesaid, That the said William Wilkinson is not thereof of the Trespass and Ejectment aforesaid guilty, as the said William above in pleading hath alleged; And as to the Rectory aforesaid, with the Appurtenances in the Declaration aforesaid likewise specified, The Jurors aforesaid likewise say upon their Oath aforesaid, That long before the time in which it was supposed the Trespass and Ejectment aforesaid to be done, That is to say, The second day of March, in the Reign of the Lord Edward late King of England the 6th. the second, One Nicholas Fitz-williams Clerk, was Rector of the Parish Church of Chedington, otherwise Chettington foresaid, And that the said Nicholas being Rector of the said Church before the time in which, etc. that is to say, the second day of March, in the second year aforesaid, at Chedington aforesaid, by his Indenture made at Chedington aforesaid, between the said Nicholas, by the name of Nich. Fitz-williams, Rector of the Parish Church of Chedington, in the County of Buck. of the one party, and Elizabeth Elderker Widow, Ralph Elderker, William Elderker, and Thomas Elderker, by the name of Elizabeth Elderker Widow, late Wife of William Elderker, Gent. deceased, Ralph Elderker, William Elderker, and Thomas Elderker, Sons of the Body of the first named William and Elizabeth lawfully begotten, of the other part, which part, with the Seal of the said Nicholas, sealed to the Jurors aforesaid here was showed in Evidence, gave, granted, and to Farm had let to the said Elizabeth Elderker, the Rectory and glebe Lands of the Church aforesaid, To have and to hold the said Rectory and glebe Lands, with all Fruits, Oblations, Obversions, Tithes, Rights, with the Appurtenances and Commodities whatsoever, to the said Rectory in any manner belonging or appertaining to the said Elizabeth, from the aforesaid second day of March, in the second year aforesaid, until the end, and during the Term of 80. years, from thence, and immediately following the date of the said Indenture, if the aforesaid Elizabeth should so long live, and should not allien, grant, or give the said Demise or Term; And if it should happen the aforesaid Elizabeth, within the said Term of 80. years to die, or to alien give or grant the Premises, That then the Estate of the said Elizabeth should cease, And then the said Nicholas by his Indenture aforesaid gave, granted, and demised, all and singular the premises for so many years, as then should remain unexpired after the death of the said Elizabeth, or the alienation of the said Elizabeth, to the aforesaid Ralph, for and during the residue of the said Term of the said 80. years, (if he should so long live) without making any alienation, grant, or gift, of the said Term, And if it should happen he to die, or to alien the premises within the Term aforesaid, that then his Estate should cease, And then the said Nicholas by his Indenture aforesaid, gave and granted all and singular the premises to the aforesaid Wil. for and during so many years of the said Term of 80. that then should remain, if he should live so long, and should not alien the said Term, and if it should happen the said William to die, or to alien the Premises within the aforesaid Term, that then his Estate should cease, And then the said Nicholas, by his Indenture aforesaid, gave and granted all and singular the premises, for and during so many years of the aforesaid 80. years, as then should continue and remain unexpired, to the aforesaid Thomas, his Executors and Assigns, as by the said Indenture showed to the Jurors aforesaid, in Evidence amongst other things it more plainly appeareth. And further, the Jurors aforesaid, upon their Oath aforesad, say, That the aforesaid Lord Edward, late King of England, afterwards and before the time in which, etc. That is to say, the 12th day of September, in the 3d. year of his Reign, the aforesaid Nicholas then being Rector of the Church aforesaid, by his Leters Patents under his great Seal of England, and in due manner made, bearing date at Westminster, the said 12th. day of September, in the 3d. year of his Reign aforesaid, (the aforesaid Lord the King then being true Patron of the said Rectory) Seeing, Reading, and Examining, the Indenture aforesaid, of his special Grace, certain Knowledge and mere mention, as also with the Advice and Consent of the Beloved Uncle of the aforesaid Lord the King, the Duke of Somerset, Governor of the person of the King, and Protector of the Kingdoms, Dominions, and Subjects of the said King, and of other of the Council of the said King before, and especially in Consideration of the most excellent present service then to the King in his Wars, then and sole in the beating back of the Scots, which then late happened at Naseborough, in which War, the aforesaid William Elderker, of forethought Malice was slain, the said Indenture, and all in the same specified, and all the Right, Title, and Interest of the same, Elizabeth Elderker, Ralph Elderker, William Elderker, and Thomas Elderker, in the said Rectory, Gleable Lands, Fruits and other things, in the same Indenture expressed, with the Appurtenances, To have and to hold the said Rectory to the said Elizabeth, Ralph, William, and Thomas, and their Assigns, had confirmed, and ratified, and in all things as much as in him was, had approved for him and his Successors: And further, the Jurors aforesaid, say upon their Oath aforesaid, that afterwards, that is to say, the 21 day of January, in the Reign of the said Lord Edward the 3d. aforesaid, the said Nicholas being then Rector of the Church aforesaid, One Henry, by Divine Providence, Bishop of Lincoln, and of the Rectory and Church aforesaid, of Chedington aforesaid, Ordinary, the demise or Grant aforesaid, by the said Nichol●● as before is said, made, & all & singular in the same contained, for him and his Successors, confirmed, ratified, & as much as in him was approved, To have, hold, and enjoy to the aforesaid Eliz. Ralph, Wil Elderker, & Th. Elderker, during the Term aforesaid, as by the said several Confirmations in due manner made, and to the Jurors aforesaid showed, more fully appeared, By colour of which demise, and several Confirmations aforesaid, in form aforesaid made, the aforesaid Elizabeth Elderker into the Rectory aforesaid, and the Glebe Lands aforesaid, with the Appurtenances did enter, and was thereof possessed; And she thereof being so possessed, The said Nicholas Fitz-williams afterwards and before the time in which, etc. that is to say, the 10 th'. day of January, in the year of the Reign of the Lady Mary, late Queen of England the first, at Chedington aforesaid, then being Rector of the Parish Church of Chedington aforesaid, died: And the Jurors aforesaid, say upon their Oath aforesaid, that the said Thomas Elderker afterwards, that is to say, the 10 th'. day of June, in the year of the Reign of the said Lady Elizabeth, now Queen of England the 16 th'. at Greenwich, in the County of Kent, died intestate, the said Elizabeth of the Rectory aforesaid and of the Glebe Lands aforesaid with the Appurtenances, in form aforesaid being possessed; And the said Elizabeth being thereof so possessed, the aforesaid William Elderker afterwards, that is to say, the 8 th'. day of July, in the year of the Reign of the said Lady the Queen that now is, the 17 th'. likewise died: And the aforesaid Elizabeth Elderker, so of the Rectory and Glebe Lands, aforesaid possessed as is said, afterwards, That is to say, The 20 th'. day of July, in the year of the Reign of the said Lady the Queen that now is the 17 th'. aforesaid, at Chedington aforesaid, the said Eliz. Elderker likewise died and the said Ralph Elderker did over-live her, and into the Rectory aforesaid, and the Glebe Lands aforesaid, with the Appurtenances, By virtue of the Demyse aforesaid, likewise entered and was thereof possessed, and so being thereof possessed, the said Ralph Elderker afterwards, that is to say, the 10th. day of May, in the year of the Reign of the said Lady the Queen that now is the 18 th'. at Chedington aforesaid, died intestate: And the Jurors aforesaid say, upon their Oath aforesaid, that after and before the time in which, etc. that is to say, the 19 th'. day of January, 1576. Administration of all and singular the goods, Chattels, Rights and Credits, which were of the aforesaid Thomas at the time of his death by William South Doctor of Law, Commissary and Official of the Arch of Buckingham, to one Anne Hethrington then wife of Ralph Hethrington and then the late Widow of the said Ralph Elderker at Chedington aforesaid was committed, By virtue of which committing of the Administration aforesaid, the aforesaid Ralph Hethrington and Ann his wife into the Rectory aforesaid, and the glebe Lands aforesaid, with their appurtenances, did enter and were thereof possessed, and the said Ralph Hethrington and Anne his wife, so thereof possessed, the said Ralph Hethrington and Anne afterwards, that is to say, the 28 day of March in the year of the Reign of the said Lady the Queen that now is the 19 at Chedington aforesaid, by a certain Indenture made between the aforesaid Ralph Hethrington, and Anne his wife, by the names of Ralph Hethrington of Sheale in the County Leicester Gentleman, and Anne his wife late wife of Ralph Elderker, deceased, of the one part, and one Ralph Celey by the name of Ralph Celey of London Mercer, of the other part, one part whereof sealed with the Sea●s of the said Ralph Hetherington, and Anne, sealed to the Jurors aforesaid, in evidence likewise showed, for the Consideration in the said Indenture specified, had, bargained, sold assigned and set over, to the said Ralph Celey, his Executors, Administrators, and assigns, all the Interest, Title, Estate and Term of years then to come and unexpired, in and to the Rectory aforesaid, and the glebe Lands aforesaid with the appurtenances, to have and to hold to the only and proper behoof, and use of the said Ralph Celey, his Executors and assigns for ever; By virtue of which Assignment the said Ralph Celey into the Rectory aforesaid and the glebe Lands aforesaid with the appurtenances entered, and was thereof possessed: And the Juros aforesaid farther say upon their Oath aforesaid, that after, and before the time in which, etc. that is to say, the 16th. day of May in the year of our Lord 1577 for that the said Thomas Elderker while he lived, and at the time of his death had divers goods, and Chattels, rights and Credits, in divers Dioceses, or Jurisdictions, administration of all and singular the goods Chattels, rights and Credits, which were of the said Thomas at the time of his death by Edmund by divine providence Arch Bishop of Canterbury of all England Primate and Metropolitan aforesaid to the said Ann Hethrington then the wife of the said Ralph Hethrington, and then late late the widow of the said Ralph Elderker deceased, late natural and lawful Brother of the said Thomas Elderker, at London, that is to say, in the Parish of the blessed Mary of Bow, in the Ward of Cheap London, was committed: And the Jurors aforesaid farther say upon their Oath aforesaid, That the said Ralph Celey, so being possessed, the said Ralph Hethrington, Ann his wife, and the said Ralph Celey, afterwards, that is to say the 20th. day of May in the year of the Reign of the said Lady the Queen that now is the 19th. at Chedington aforesaid, by their certain Indenture with the Seal of the said Ralph Celey sealed, and to the Jury aforesaid given and showed in evidence, bearing date the said 20 day of May in the 19 year aforesaid, for the Considerations in the said Indenture specified, gave, granted, bargained and aliened to one John Eden, all the Interest, Title, Estate & their Term of years, then of & in the aforesaid rectory & glebe Lands with the appurtenances to come and unexpired, to have and to hold to the said John Eden his executors and assigns during the residue of the aforesaid Term, of the aforesaid 80 years, as before is said, granted: By virtue of which assignment, the said John Eden, into the Rectory aforesaid, and the glebe Lands aforesaid, with the appurtenances, entered and was thereof possessed; and the Jurors aforesaid, further upon their Oath aforesaid say, that the said John Eden being so seized of the rectory aforesaid, and of the glebe Land aforesaid with the appurtenances, afterwards, that is to say, the 12 day of May in the year of the Reign of the said Queen that now is the 29 at Chedington aforesaid, in the County aforesaid, by his Indenture, Sealed with his Seal and to the Jurors aforesaid likewise showed in evidence, whose date is the same 12 day of May in the 29 year aforesaid, bargained, sold, and assigned to one Thomas Tarsburgh Esquire, all his Interest and Term of years then to come and unexpired, of and in the rectory aforesaid, and the glebe Lands aforesaid with the appurtenances: by reason of which, the said Thomas Tarsburgh into the rectory aforesaid with the appurtenances entered and was thereof possessed: And the Jurors aforesaid say upon their Oath aforesaid, that the said Thomas Tarsburgh being thereof so possessed, afterwards and before the time in which, etc. that is to say, the 23 day of November in the year of the Reign of the said Lady the Queen that now is the 36, at Chedington aforesaid, in the County aforesaid, by his Indenture with the Seal of the said Tarsburgh Sealed, and to the Jurors aforesaid in evidence likewise showed, granted, bargained, alliened and assigned, all his Right, Title, Interest, and Term of years then to come of and in the Rectory aforesaid and the glebe Lands aforesaid with the appurtenances to one John Agmondesham Esquire; By virtue of which the said John Agmondesham into the Rectory aforesaid and the glebe lands aforesaid with the appurtenances entered and was thereof possessed: And the Jurors aforesaid farther say upon their Oath aforesaid, that the said John Agmondesham so being thereof possessed, afterwards and before the time in which, etc. that is to say, the 27 day of November in the year of the Reign of the said Queen that now is the 36th. at Chedington aforesaid by his Indenture Sealed with the Seal of the said John Agmondesham, and to the Jurors aforesaid here in Evidence likewise showed,, demysed the rectory aforesaid and the glebe Lands aforesaid with the appurtenances, to the aforesaid Thomas Tarsburgh Esquire, to have to the said Thomas and his assigns, from the said 27th. day of November, in the 36th. year aforesaid, until the 26th. day of March which then should be in the year of our Lord 1595. By virtue of which demise the aforesaid Thomas Tarsburgh into the rectory aforesaid, and glebe Lands aforesaid with the appurtenance, entered, and was thereof possessed; And the said Thomas Tasburgs thereof being so possessed, and the said John Agmondesham so as is said of the residue of the said Term of 80 years then to come being possessed, The said John Agmondesham afterwards, that is to say, the 17th. day of February in the 36th. year aforesaid, at Chedington aforesaid, demised, granted and to Farm let, the rectory aforesaid, and the glebe Lands aforesaid with the appurtenances, to one Michael Weston, To have and to hold, unto the said Michael and his assigns from and immediately after the end, expiration and determination of the said demise, to the said Thomas Tasburgs by the aforesaid John Agmondesham as is said, made until the end and Term of 21 years from thence next following fully to be completed, if the said Michael Weston, and one Margaret Bromley, or any of them should so long live: By virtue of which demise the said Michael Weston afterwards and before the time in which, etc. that is to say the 26 day of March in the year of our Lord 1595 at Chedington aforesaid, into the Rectory aforesaid, and glebe Lands aforesaid, with the appurtenances, entered and was thereof possessed: and so being thereof possessed, the said Michael afterwards and before the time in which, etc. that is to say, the 22 day of May in the year of the Reign of the Queen that now is the 37 at Chedington aforesaid, by his Indenture with the seal of the said Michael sealed, and to the Jurors aforesaid in evidence showed, Granted and assigned all his Interest Estate, Term of years and demand then to come and unexpited of and in the rectory aforesaid, and glebe Lands aforesaid, with the appurtenances, to the said William Wilkinson now defendant, By virtue of which grant, the said William into the rectory aforesaid and the glebe Lands aforesaid with the appurtenances entered, and was thereof possessed: and the said William, so being possessed, the said David Robert's Clerk, afterwards and before the time in which, etc. that is to say, the 11 day of January in the Reign of the said Lady the Queen that now is the 38th. to the Rectory of Chedington aforesaid, was lawfully presented, admitted, instituted, and Inducted; By virtue of which the said David Roberts, into the Rectory aforesaid with the Appurtenances, entered, & was thereof possessed in his Demesn as of Fee in the right of his Church of Chedington aforesaid, And so being seized, afterwards & before the time in which, etc. that is to say, the 26th. day of March, in the year of the Reign of the said Lady the Queen that now is the 38th. aforesaid, by Indenture in the Declaration aforesaid specified, Demised the Rectory aforesaid, with the Appurtenances in the Declaration likewise mentioned, to the aforesaid David Loyd, To have and to hold, to the aforesaid David Loyd, from the day of the date of the same Indenture, unto the end and Term of three years, than next following, and fully to be complete and ended. By virtue of which Demise, the said Dau. Loyd afterwards, that is to say, the 27th. day of March, in the year of the said Lady the Queen that now is, the 38th. into the Rectory aforesaid, with the Appurtenances, entered, and was thereof possessed, until the said William Wilkinson afterwards, that is to say, the said 10th. day of April, in the 38th. year aforesaid, into the Rectory aforesaid, with the Appurtenances, upon the possession of the said David thereof entered, and him the said David, from thence, his Term aforesaid not yet ended, did eject, expel, andamove, as the said David Loyd above against him complaineth: And further, the Jurors aforesaid, say upon their Oath aforesaid, That as well the said David Roberts, as the said Michael Weston, are yet alive, and in full life, that is to say, at Chedington aforesaid: But whether upon the whole matter aforesaid, in form aforesaid found, the reentry of the said William Wilkinson, into the Rectory aforesaid with the Appurtenances, in the Declaration aforesaid above specified, upon the possion of the said David Loyd, thereof in manner aforesaid made, be, or in Law ought to be adjudged a good and lawful reentry in Law or not, the Jurors aforesaid are utterly ignorant; Whereupon they pray thereof the advice and discretion of the Court of the said Lady the Queen that now is, before the said Lady the Queen herself being: And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the said Court of the said Lady the Queen, That the aforesaid reentry of the aforesaid Wil Wilkinson, into the said Rectory aforesaid, with the appurtenances, in which, etc. upon the possession of the said David Loyd, be not a good & lawful reentry in Law, than the Jurors aforesaid, say upon their oath aforesaid, That the aforesaid William Wilkinson, the said David Loyd, from his Farm aforesaid, of the Rectory aforesaid, with the appurtenances in which, etc. unjustly did eject. And that the Ejectment aforesaid, & the Trespass in the Declaration aforesaid specified, as unto the Rectory aforesaid with the appurtenances, the said Wil Wilkinson is guilty in manner and form, as the said David Loyd above declaring hath alleged. And then they assess the damages of the said David, by the occasion of the Ejectment and Trespass in the Rectory aforesaid, with the appurtenances, besides his charges and costs, by him in the Suit aforesaid in this behalf expended, to 3. shillings, and 4. pence, and for his costs and charges to 12. pence. And if upon the whole matter aforesaid, It shall seem to the said Court of the said Lady the Queen here, that the said entry of the said William Wilkinson into the Rectory aforesaid with the appurtenances, upon the possession of the said David thereof, in the from aforesaid made, be a good and lawful reentry in Law, Then the aforesaid Jurors say upon their Oath aforesaid, That the said William Wilkinson is not guilty of the Trespass and Ejectment of the Farm aforesaid, as to the Rectory aforesaid with the appurtenances, as the aforesaid William Wilkinson above in pleading hath alleged. And because the Court of the said Lady the Queen that now is, here of their Judgement of and upon the premises to be given, are not yet avised, day is given to the parties aforesaid, before the said Lady the Queen at Westminster, until Friday next after the morrow of the Holy Trinity, to hear their Judgement thereof, etc. because the Court of the said Lady the Queen here are not yet, etc. At which day, before the said Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid; And because the Court of the said Lady the Queen, here of their Judgement of and upon the premises to be given is not yet avised, Further day is given to the parties aforesaid, before the said Lady the Queen at Westminster, until Monday next after 8. days of St. Michael, to hear their Judgemen thereof, etc. because the Court of the said Lady the Queen here thereof yet, etc. At which day, before the said Lady the Queen at Westminst. come the parties aforesaid, by their Attorney's aforesaid, And because the Court o● the said Lady the Queen that now is, of giving their Judgement of and upon the premises are not yet avised, Further day is given to the parties aforesaid, before the said Lady the Queen at Westminster, until Monday next after 8. days of St. Hillary, to hear their Judgement, because the Court of the said Lady the Queen that now is here thereof are not yet, etc. At which day, before the said Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen that now is of giving their Judgement of and upon the premises are not yet avised, Further day is given to the parties aforesaid, before the said Lady the Queen at Westminster, until Wednesday next after 15. days of Easter, to hear their Judgement thereof, because the Court of the said Lady the Queen here thereof not as yet, etc. At which day, before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen that now is, of giving their Judgement of and upon the premises are not yet avised, Further day is given to the parties aforesaid, before the said Lady the Queen at Westminster, until Friday next after the morrow of the Holy Trinity, to hear their Judgement thereof, because the Court of the said Lady the Queen that now is thereof not yet, etc. At which day, before the said Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because this Court of the said Lady the Queen that now is here, of giving their Judgement of and upon the premises are not yet avised, Further day is given to the parties aforesaid, before the said Lady the Queen at Westminster, until Monday next after 8. days of St. Michael, to hear their Judgement, because the Court of the said Lady the Queen here thereof not yet, etc. At which day, before the said Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, Upon which seen, and by the Court of the said Lady the Queen that now is here, diligently looked into, and fully understood all and singular the premises, and mature deliberation being thereupon had; Because it seemeth to the Court of the said Lady the Queen now is here, That the aforesaid reentry, of the aforesaid William Wilkinson, into the said Rectory, with the Appurtenances in which, etc. upon the possession of the said David Loyd, is not good and a lawful reentry in Law, It is granted that the said David Loyd, shall recover against the said William Wilkinson his Term aforesaid, of and in the Rectory aforesaid, with the appurtenances yet to come, And his damages by the Jurors in form aforesaid assessed: And that the said William Wilkinson be taken, etc. And likewise the said David in mercy, to the residue of the Trespass and Ejectment aforesaid, whereof the said William Wikinson in form aforesaid stands acquitted; And the said William Wilkinson thereof be acquitted, etc.   

Michaelmas Term, 41. & 43. Elizabeth, Rott. 144. in the KING'S BENCH, Bingams' Case, C. 2. part fol. 82.  
MEmorandum, That at another time, that is to say, Easter Term last 
Dors. ss.  passed, before the Lady the Queen at Westminster, came George Stroud Esquire, by Simon Spatchard his Attorney, And brought here in Court of the said Lady the Queen, his Bill against Ralph Horsey Knight, Richard Veal, and Edward Goor Gent. in the Custody of the Marshal, etc. of a Plea of Trespass and Ejectment of him out his Farm: And are Pledges of Suit, that is to say, John Do, and Richard Roose, Which Bill followeth in these words. ss. Dorset. George Stroud Esquire, complaineth of Ralph Horsey Kt. Rich. Veal, and Edw. Goor, For that, That is to say, That whereas one William Albert the 7th. day of April in the year of the Reign of the Lady the Queen that now is, 41. at Melcum in the County aforesaid, had demised granted and to Farm let to the aforesaid George one message, 120. acres of Lands, 40 Acres of Meadow, 200. Acres of Pasture, and 100 Acres of Furze and Heath, with the Appurtenances, in Melcum aforesaid, in the County aforesaid; To have and to hold the Tenements aforesaid with the Appurtenances, unto the said George, and his Assigns, from the Feast of the ANNUNCIATION of the blessed Lady the Virgin MARY, than last passed, until the end and Term of 6. years and a half of a year, from thence next ensuing fully to be complete and ended: By virtue of which demise the said George into the Tenements aforesaid with the appurtenances entered, and was thereof possessed, until the aforesaid Ralph Horsey, Richard Veal, and Edward Goor, after, that is to say, the 11th. day of April in the 41 year aforesaid, with force and arms, &c: into the Tenements aforesaid, with the appurtenances, upon the possession of the said George, thereof did enter, and the said George from his Farm aforesaid, thereof (his term aforesaid not being ended) did eject, expel, and amove, and the said George from his possessiion thereof, did hold out, and do yet hold out, and other harms did unto him against the peace of the said Lady the Queen, to his damage of 100 pound, and thereof he bringeth suit, etc. And now at this day, that is to say, Tuseday next, after 8 days of Saint Michael, this Term, until which day the aforesaid Ralph Horsey, Richard Veal, and Edward Goor, had Licence to imparl to the said Bill, and then to Answer, etc. before the Lady the Queen at Westminster, come aswell the said George Stroud, by his Attorney aforesaid, as the aforesaid Ralph Horsey, Richard Veal, and Edward Goor, by James Hide their Attorney, and the said Ralph, Richard, and Edward defend the force and injury, when, etc. and say, that they are not thereof guilty: and upon that put themselves upon the County, and the aforesaid George Stroud likewise, etc. Therefore a Jury thereof before the said Lady the Queen at Westminster, upon wednesday next, after 8 days of Saint Hillary, and who neither, etc. to know, etc. Because aswell, etc. The same day is given to the parties here, etc. ss. Afterwards process continued between the parties aforesaid, of the plea aforesaid, by Juries put between the parties aforesaid, in respite, before the said Lady the Queen, at Westminster, until wednesday next after 18 days of Easter, unless first the Justices of the Lady the Queen to take assizes in the County first upon Monday the 3 weak of Lent at Dorchester in the County aforesaid, by the form of the statute, etc. come for default of Jurors, etc. At which Wednesday, before the Lady the Queen at Westminster came the parties aforesaid, by their Attorney's aforesaid, And the aforesaid Justices of Assize, before whom, etc. sent thither their Record before them, had in these words ss. Afterwards, the day and place within contained before Thomas Walmsley one of the Justices of the Lady the Queen of the Bench, and Edward Fens one of the Justices of the said Lady the Queen of pleas before the Queen herself holden assigned, Justices of the said Lady the Queen to take Assizes in the County of Dorset assigned by the form of the statute, etc. came aswell the within named George Stroud Esquire by Thomas Clayton his Attorney, as the within named Ralph Horsey Knight, Richard Veal, and Edward Goor by Henry Collier their Attorney, and the Jurors of the Jury whereof within mention is made some of them appeared, and some of them did not appear as it appeareth in the panel, etc. and some of the Jurors now appearing, that is to say, Richard Ham, Thomas Tooner, John Burt, Henry H●rbyn Gentleman, John Young Gentleman, John Butler Gentleman, William Withington, John pain, and Christorher Dolling in the Jury aforesaid are sworn: and some of the said Jurors now appearing, that is to say, Thomas Heal, Edward Carter, Robert Chip, Henry Squib, and George from, because they between the parties aforesaid are found to be suspicious, from the panel aforesaid they were utterly drawn out, and because the rest of the Jurors of the said Jury did not appear, therefore others of the standers by, by the Sheriff aforesaid, to that being chosen at the request of the said George Stroud, and by the Command of the Justice's aforesaid, were of new put, whose names to the panel within written are filed according to the form of the statute in such case thereof late made and is provided, and the Jurors so n●w put, that is to say, Clement Jay, Nicholas Brown, and Thomas Eyre's being called likewise appeared, who to say the truth of the matters within contained together with the other Jurors aforesaid first impanelled, Chosen, tried and sworn, say upon their Oath aforesaid, that the Tenement within written in which it is supposed the Trespass and Ejectment within written to be, are and time whereof the memory of men is not to the Contrary, were parcel of the Manor of Nether Melcum, otherwise called Melcum Bingham, with the appurtenances, and that the said Manor of Neither Melcum otherwise Melcum Biugham, with the appurtenances whereof, etc. lieth within the Parish of Melcum in the County aforesaid, and that before the time within written in which the Trespass and Ejectment within written was supposed to be done, one Robert Bingham the elder was seized for the aforesaid Manor of Nether Melcum, otherwise Melcum Bingham with the appurtenances whereof, etc. in his demesne as of Fee, and so thereof seized, held the said Manor with the appurtenances of one John Hrosey Knight as of his Manor of Melcam otherwise Horseys Melcum, otherwise Starges Melcum, in the County aforesaid by Knight service, that is to say, by Homage and Fealty, and Escuage to the Lady the Queen of 40. shillings when it should happen 2. shillings, and for more more, and less less, etc. and the said Robert Bingham being so seized, before the time within written in which, etc. that is to say, the morrow of the Holy Trinity, in the year of the Reign of the said Lady the Queen that now is the 12, a fine was levied in the Court of the said Lady the Queen at Westminster in the County of Middlesex, before James Dyer, Richard Weston, Richard Harper then Justices of the said Lady the Queen of the Bench, and other the Queen's faithful people then present, between Thomas Buckley and Henry Gawen Gentlemen plaintiffs, and the said Robert Bingham the Elder Deforceant Of the Manor of Neither Melcum otherwise Melcum Bingham aforesaid with the appurtenances, whereof, etc. by the names of the Manor of Nether Melcum otherwise Melcum Bingham aforesaid with the appurtenances, and 5 Messages 4 Tofts, 4 Barns, 5 Gardens, 2 Orchards, 120 Acres of Land, 30 Acres of Meadow, 300 Acres of pasture, 8 Acres of Wood, and 20 Acres of Furze and Heath with the appurtenances in Nether Melcum other wise Binghams' Melcum, whereupon a plea of Covenant was between them in the said Court, that is to say, that the said Robert Bingham did acknowledge the said Manor and Tenements with the appurtenances to be the right of the said Thomas Buckley as that with the said Thomas Buckley and Henry Gawen, had of the gift of the said Robert Bingham, and then released and quit claimed from him and his heirs to the said Thomas Buckley and Henry Gawen, and the heirs of the said Thomas for ever: And afterwards the said Robert Bingham granted for him and his heirs that they would warrant to the said Thomas Buckley and Henry Gawen, and to the heirs of the said Thomas, the aforesaid Manor and Tenements with the appurtenances against all men for ever, the Tenor of which Fine followeth in these: ss. Dorset: ss. This is a final concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity, in the year of the Reign of Elizabeth by the grace of God of England France and Ireland Queen defender of the faith, etc. from the Conquest the 12th. before James Dyer, Richard Weston, and Richard Harper Justices, and other the Queen's faithful people there present, Between Thomas Buckley and Henry Gawen Gentlemen, plaintiffs, and Robert Bingham Esquire, Deforceant of the Manor of Neither Melcum otherwise Binghams' Melcum, with the appurtenances, and of 5 Messages, 4 Tofts, 4 Barns, 5 Gardens, 2 Orchards, 12● Acres of Land, 30 Acres of Meadow, 100 Acres of pasture, 8 Acres of wood, and 20 Acres of Furz and Heath in Nether Melcum, otherwise Binghams' Melcum, whereupon a plea of Covenant was between them in the said Court, that is to say that the said Robert acknowledged the aforesaid Manor & Tenements with the appurtenances to be the right of the said Thomas, and those which the said Thomas and Henry had of the gift of the aforesaid Robert, and the same released and quit claimed from him and his heirs, to the said Thomas and Henry, and the heirs of the said Thomas for ever, And farther the said Robert granteth for him and his heirs, that they warrant to the aforesaid Thomas and Henry, and to the heirs of the said Thomas, the aforesaid Manor and Tenements with the appurtenances against all men for ever; and for this Recognition remission and quit claim, warranty and Concord the said Thomas and Henry give to the said Robert 150 pound sterling, which said Fine of the Manor and Tenements aforesaid, whereof, etc. in form aforesaid Levied, was had and Levied, to the use of the said Robert Bingham the Elder and Jane his wife, and the heirs of the said Robert for ever, by virtue whereof, and by force of a certain Act of Parliament of transferring of uses into possession, made at Westminster in the year of the Reign of the late King Henry, the 8th. of England the 27th. made and provided, the said Robert Bingham the elder and Jane were seized of the Manor of Nether Melcum otherwise Binghams' Melcum aforesaid with the appurtenances whereof, etc. that is to say, to the said Robert and Jane, and the heirs of the aforesaid Robert for ever, And the said Jurors farther say, upon their Oath aforesaid, that the said Robert Bingham the Elder than was seized in his Demesn as of Fee of and in the Manor Lands and Tenements called Melcum Binghams' situate in Tollor Porcoram in the said County of Dorset, and the said Robert so of the Manor and the said Tenements, and of the aforesaid Manor of Nether Melcum otherwise Melcum Binghams' with the appurtenances whereof, etc. being seized, A Fine was Levied in the Court of the said Lady the Queen that now is, at Westminster aforesaid, before the within written time in which, etc. that is to say, in the morrow of the holy Trinity in the year of the Reign of the said Lady the Queen that now is the 20th. before james Dyer, Roger Manwood, and Robert Mounson, and Thomas Mead then Justices of the said Lady the Queen of the Bench, and other of the said Lady the Queen's faithful people then present, Between Richard Roger's Knight, Nicholas Furbervile, and John William's Esquires than plaintiffs, and the aforesaid Robert Bingham the Elder Esquire then deforceant of the said Manor of Nether Melcum otherwise Melcum Binghams', whereof, etc. and of the said Manor of Melcum Binghams' with the appurtenances, by the names of the Manor of Melcam Bingham and Melcum Bingham with the appurtenances, as also of 6 Messages, 2 Tofts, 1300 Acres of Lands, 300 Acres of Meadow, 50 Acres of Pasture, 20 Acres of Wood, and 1000 Acres of Furz and Heath with the appurtenances in Neither Melcam, Toller Porcoram, Magouder, and Haselberry Brion in the County of Dorset, and of 3 Messages, 6 Gardens, 1000 Acres of Land, 100 Acres of Meadow, 300 Acres Pasture, 300 Acres of Furz and Heath with the appurtenances in Codford, Mary Codford, Peter Ashton, Geoffrey Bardchalk, Alderbery, East Grimsted and West Grimsted in the County of Wilts, whereupon a plea of Covenant was summoned between them in the said Court, That is to say, that the said Robert Bingham the Elder acknowleged the said Manors and Tenements, with the appurtenances to be the right of the said Richard Rogers as those which the said Richard Rogers Nicholas Turbervile and John Williams, had of the gift of the said Robert Bingham, and released and quit claimed from him and his heirs to the said Richard Rogers, Nicholas Turbervile and John williams, and the heirs of the said Richard Rogers for ever. And further the said Robert Bingham granted for him and his heirs that the warrant to the aforesaid Richard Rogers, Nicholas Turbervile and John Williams, and to the heirs of the said Richard Robers, the aforesaid Manors and Tenements with the appurtenances against the said Roqert Bingham and his heirs for ever, the Tenor of which fine followeth in these words, This is the final Concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity, in the year of the Reign of Eliz: by the grace of God of England, France, and Ireland Queen defender of the Faith, etc. from the Conquest the 20th. before James Dyer, Roger Manwood, Robert Mounson, and Thomas Meade Justices, and other of the Lady the Queen's faithful people then and there present, between Richard Roger's Knight, Nicholas Turburvile Esquire, and john William's Esquire, Complai●ants, and Rober Bingham the elder Esquire, deforceant of the Manors of Melcam Bingham, and Wolcomb Bingham, with the appurtenances, as also of 6 Messages, 2 Tofts, 1300 Acres of Land, 300 Acres of Meadow, 50 Acres of pasture, 20 Acres of wood, and 1000 Acres of Furz and Heath, with the appurtenances, in Nether Melcum, Toller Porcorum, Mapowder, and Haseberry Bayan, in the County of Dorset, and of 8 Messages, 3 Tofts, 6 Gardens, 1000 Acres of Land, 100 Acres of Meadow, 300 Acres of Pasture, and 300 Acres of Furz and Heath, with the appurtenances, in Codford, Mary Codford, Peter Ashton, Gyfford Burdchalke, Alderbury, East Grimsted, and West Grimsted, in the County of Wilts, whereof a plea of Covenant was summoned between them in the said Court, that is to say, That the said Robert acknowleged the Manors and Tenements aforesaid with the appurtenances, to be the right of the said Richard, as those which the same Richard, Nicholas, and john, had of the gift of the said Robert, and those released, and quit claimed from him and his heirs to the said Richard, Nicholas, and john, and to the heirs of the said Richard the aforesaid Manors and Tenements, with the appurtenances against the said Robert and his heirs; And further the said Robert granted for him and his heirs that they warrant to the said Richard, Nicholas, and john, and to the heirs of the said Richard the aforesaid Manors and Tenements with the appurtenances against the said Robert and his heirs for ever. And for this Recognition, release, quit claim, warranty, fine and Concord, the same Richard, Nicholas and john, gave to the said Robert 826 pound Sterling: Which fine aforesaid levied and had, was levied of the aforesaid Manor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof, etc. to the use of the said Robert Bingham the Elder, for the Term of his life, and after his decease, then to the use of the aforesaid Robert Bingham than Son and heir apparent of the said Robert Bingham the Elder, and the heirs of his body, upon the Body of Ann then wife of the said Robert Bingham the Son to be begotten: and for default of such issue, to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever: And of the aforesaid Manor and Tenements called Wolcumb Binghams' with the appurtenances, to the use of the said Robert Bingham the Son, and the aforesaid Ann and the heirs of the body of the said Robert Bingham the Son upon the body of the aforesaid Ann Lawfully to be begotten, and for default of such issue, to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever; By virtue of which Fine, and by force of the aforesaid Act of Parliament, of transferring uses into possession, made and provided, the aforesaid Robert bingham the Elder, was seized of the aforesaid Manor of Nether Melcum otherwise Melcum Binghams' with the appurtenances whereof, etc. in his demesn as of freehold for the Term of his life, the remainder thereof to the said Robert Bingham the Younger in Fee tail, that is to say, to him and to the heirs of his body to be begotten upon the Body of the said Ann, the remainder to the right heirs of the said Robert Bingham the Elder for ever: And besides, the said Robert Bingham the Younger, & Ann his wife, were seized of the said Manor Land and Tenements, called Wolcum Binghams' with the appurtenances, that is to say, to the aforesaid Robert Bingham the Younger, in his demesn, as of Feetail, that is to say, to him and the heirs of his body upon the body of the said Ann his wise Lawfully to be begotrens, and the aforesaid Ann in her demesn as of Freehold for the Term of her life, the remainder thereof to the right heirs of the said Robert Bingham the Elder for ever: And the Jurors aforesaid, say upon their Oath aforesaid, that at the time of the Levying of the said last recited Fine, by the said Robert Bingham the Elder, in form aforesaid had, the said John Horsey was seized of the aforesaid Manor of Over Melcum, otherwise Horseys Melcum, otherwise Sturges Melcum, with the appurtenances in his demesn as of Fee, and the said John Horsey so thereof being seized, a Fine was Levied in the Court of the said Lady the Queen that now is at the Castle of Hartford, in the County of Hartford, after and before the within written time in which, etc. that is to say, in the morrow of All Souls, in the year of the Reign of the said Lady the Queen that now is the 24th. before Edmund Anderson, Thomas Meade, Francis Windham, and William Periam, than Justices of the said lady the Queen of the Bench, & other of the said Lady the Queen's faithful people then there present, between Henry Viscount Bindon, Sichard Rogers Knight. Henry Ashley Knight, Thomas Hayward, George Trenchard, John Strangeways, John Williams, Richard Watkins, Thomas Matins Henry Collier, Edward St. Karke, John Fitz-Williams, and George Gilbert, Fsquires, than plaintiffs, and the said John Horsey Knight then defendant of the said Manor of Over Melcum otherwise Horseys Melcum, otherwise Sturges Melcum, with the appurtenances, by the names of the Manors of Clyfton, Malarke, Thorneford, Nether Crompton, Bradford, Sherborne, Wyke, Horseys Melcum, otherwise Sturges Melcum, with the appurtenances, and 250 Messages, 100 To●ts, 10 Mills, 10 Dovehouses, 3000 Acres of Lands, 2000 Acres of Meadow, 5000 Acres of Pasture, 1000 Acres of Wood, 3000. Acres of Furz and Heath, and 10. pound Rent, with the Appurtenances in Yettmister, Rhyme intrinseca, Thorneford, Bradford, Beere-Hacket, Shirborn, Lillington, Nether-Crompton, Over-Crompton, Long Barton, Oburne, Heyden, Vpmelcum, Nether Melcombe, Cheselborn, Buckland, Plushe, Mapowder, Mylton, other Midleton, and Helton, And the Rectory of Bradford, with the appurtenances, As also of the Advowson of the Churches of Melcombe, Nether-Melcombe, Clyfton, Malank, Thorneford, Nether-Crompton, and Bradford, in the County of Dorset. And of the Manors of Horsey, and Peignes with the Appurtenances, and 20. Messages, 6. Tofts, 2. Mills, 2. Dove-houses, 1000 Acres of Lands, 60. Acres of Meadow, 1200. Acres of Pasture, 40. Acres of Wood, 1000 Acres of Furz and Heath, and 40. shillings Rend, with the appurtenances in Bridgwater, Chilton, Beugh, Stafford, Berwick, Weston, Bondrip, Peryson, Chedsey, Wembdon, and Cannington, in the County of Somerset. Whereupon a plea of Covenant was summoned between them in the same Court, That is to say, That the said John Horsey acknowledge the aforesaid Manors, Rectories, Tenements, and Hereditaments, with the appurtenances, and the Advowsons' aforesaid, to be the right of the said Viscount, as those, which the said Viscount, Richard Rogers, Henry shley, Thomas Howard, George Trenchard, John Strangewayes, John William●, Richard Watkings, Thomas Matins, Henry Coker, Edward St. Kerke, John Fitz James, and George Gilbert, had of the gift of the said John Horsey, and those realesed and quit claimed for him and his Heirs, to the said Viscount, Richard Rogers, Henry Ashley, Thomas Howard, George Trenchard, John Strangewayes, John Williams, Richard Wak●ns, Thomas Matins, Henry Coker, Edward St. Kerke, John Fitz-James, and George Gilbert, and to the Heirs of the said Viscount for ever. And further, the said John Horsey granted for him and his Heirs, that they warrant to the aforesaid Viscount, Richard Rogers, Henry Ashley, Thomas Howard, George Trenchard, John Stangewayes, John William's, Richard Watkins, Thomas Matins, Henry Coker, Edward St. Kerke, John Fiz-James, and George Gilbert, and to the Heirs of the said Viscount, the aforesaid Manors, Rectories, Tenements, and Hereditaments, with the appurtenances, and the Advowson aforesaid against all men for ever; The Tenor of which Fine followeth in these words. This is a final Concord, made in the Court of the Lady the Queen, at the Castle of Hartford, in the morrow of All Souls, in the year of the Reign of Elizabeth by the grace of God of England, France, and Ireland Queen, defender of the Faith, etc. from the Conquest the 24th. before Edmond Anderson, Kt. Thomas Mead, Francis Windham, and William ●eriam Justices, and other of the Queen's faithful people then here present. Between Henry Viscount Byndon, Richard Rogers Kt. Henry Ashley Kt. Thomas Howard Esq. George Trenchard Esq. John Strangewayes Esq. John William's Esq. Richard Watkins Esq. Thomas Matins Esq. Henry Coker Esq. Edward. St. Karke Esq. John Fiz-James Esq. and George Gilbert Esq. Plantifs, and John Horsey Kt. Deforciant, of the Manors of Clyfton, Malanke, Thorneford, Nether-Compton, Bradford, Sherborn, Wyke, Horseys Melcomb, otherwise Sturges Melcomb, with the appurtenances, and of 250. Messages, 100 Tofts, 10. Mills, 10. Dove houses, 3000. Acres of Land, 2000 Acres of Meadow, 5000. Acres of Furz and Heath, and 10. pound Rent, with the appurtenances in Yettmister, Rhyme intrinseca, Thorneford, Bradford, Beer-Hacket, Sherborn, Lillington, Nether-Compton, Over-Compton, Long-Burton, Oburne, Hayden, Vxnelcombe, Nether-Melcombe, Chaselborne, Bucklaud, Plash, Mapowder, Mylton, otherwise Midleton, and Helton. And of the Rectory of Bradford, with the appurtenances, as also of the Advowsons' of the churches of Melcombe, Nether-Melcombe, Clyfton, Malanke, Thorneford, Nether-Compton, and Bradford in the County of Dorset: And of the Manor of Horsey and P●egnes with the appurtenances: And of 20. Messages, 6. Tofts, 2. Mills, 2. Dove-houses, 1000 Acres of Lands, 60. Acres of Meadow, 1200. Acres of Pasture, 40. Acres of Wood, 1000 Acres of Furz and Heath, and 40. shillings Rend, with the appurtenances in Bridgwater, Chitton, Bough, Styford, Barwick, Weston, Baudrip, Peryson, Chedsey, Wembdon, and Cannington, in the County of Somerset, Whereupon a Plea of Covenant was summoned between them in the said Court, That is to say, That the said John Horsey, acknowledge the aforesaid Manors Rectories, Tenements, and Rents, with the Appurtenances, and the Advowsons' aforesaid, to be the right of the said Viscount, as those which he the said Viscount, Rich. Hen. Tho. George, Joh. Strangewayes, john Williams, Rich. Tho. Henry, Edward, John, Fitz James, and George, have of the guilt of the aforesaid John Horsey, and then released and quit claimed from him and his Heirs, to the aforesaid Viscount, Richard, Henry, Thomas, George, John Strangewayes John Williams, Richard, Thomas, Henry, Edward, John, Fitz-Williams and George, and to the Heirs of the said Viscount, for ever. And besides the said John Horsey grants for him & his Heirs, That they warrant to the said Viscount, Richard, Henry, Thomas, George, John Strangewayes, John Williams, Richard, Thomas, Henry, Edward, John Fitz-Iames, and George, and to the Heirs of the said Viscount, the aforesaid Manors, Rectory, Tenements, and Rents with the appurtenances, and the Advowson aforesaid against all Men for Ever. And for this Recognitition, release, quit claim Warranty, Fine, and Concord, the said Viscount, Richard, Henry, Thomas, George, John Strangewayes, John Williams, Richard, Thomas, Henry, John Fitz-James, and George gave to the aforesaid John Horsey 2680. pounds Sterling: Which Fine aforesaid, in form aforesaid levied and had, was levied of the Manor and Tenements called Over-Melcomb, otherwise Horseys-Melcomb, otherwise Sturges-Melcomb, with the Appurtenances, To the use of the said John Horsey, and the Heirs males of the body of the said John Horsey lawfully begotten, and for default of such issue, To the use of Edith, now Wife of the said Ralph Horsey, for the Term of her life, And after the decease of the said Edith, To the use of the aforesaid Ralrh Horsey and his heirs males of his body Lawfully begotten, and for default of such issue, To the use of jasper Horsey, Brother of the said Ralph Horsey, and the Heirs males of his body lawfully begotten, and for default of such issue, to the use of the right Heirs of the aforesaid john Horsey for ever; By virtue of which, and of the aforesaid Act of Parliament of Transferring of uses into possession made and provided, The aforesaid john Horsey was seized of the aforesaid Manor and Tenements, called Over-Melcombe, otherwise Horseys-Melcumb, otherwise Sturges-Melcomb, with the appurtenances in his Demesn as of Fee Tail, that is to say, to him and the Heirs males of his body lawfully begotten, the remainder thereof to the aforesaid Edith, for the Term of her life, the remainder thereof to the aforesaid Ralph Horsey in Fee Tail, that is to say, to him and the Heirs males of his body lawfully begotten, the remainder thereof to the aforesaid Jasper Horsey in Fee Tail, that is to say, to him and the Heirs males of his body lawfully begotten, the remainder over to the right Heirs of the said John Horsey for ever. And the Jurors aforesaid say, upon their Oath aforesaid, That afterwards and before the within written time, in which, etc. that is to say, the 20th day of January, in the year of the Reign of the said Lady the Queen that now is, the 29th. The aforesaid Robert Bingham the younger, and Ann at Melcumb aforesaid, had issue between them lawfully begotten, Richard Bingham Son and Heir apparent of the said Rob Bingham the younger: And that the aforesaid Robert Bingham and Ann, of the said Manors, Lands, and Tenements, called Wolcomb Binghams', so as before is said being so seized, the remainder thereof in form aforesaid expectant; And the said Robert Bingham the Elder, and Jane his Wife, so as before is said, of the aforesaid Manor of Nether-melcum, otherwise Melcum Bingham, with the Appurtenances whereof, etc. being seized, of the Manor thereof to the aforesaid Robert Bingham the younger, and the Heirs of his body, upon the body of the said Ann lawfully begotten, the remainder thereof to the right Heirs of the said Robert Bingham the elder expectant, The said Robert Bingham the younger, afterwards and before the time within written, in which, etc. that is to say, the 11th. day of November, in the year of the Reign of the said Lady the Queen that now is the 30th. at Melcomb aforesaid, died of such estate of and in the premises as is said, seized. And the said Ann did survive him, and held herself in the Manor aforesaid, and Tenements called Wolcombe Binghams', and was thereof sole seized in her Demesn as of freehold for the Term of her life by right of survivor, and that after the death of the said Robert Bingham the young the remainder of the aforesaid Manor of Neither Melcum otherwise Melcum Bingham with the appurtenances whereof, etc. in fee tail descended to the said Richard Bingham as Son and Heir of the body of the said Robert Bingham the Younger, upon the body of the said Ann begotten, the said Richard Bingham at the time of the death of the aforesaid Robert Bingham the younger his Father, being within age, that is to say, of the age of one year and 9 months, and no more; And that the said Ann of the aforesaid Manor and Tenements, called Wolcombe Binghams' in form aforesaid being seized, And the said Robert Bingham the elder, and Jane his Wife, of the aforesaid Manor of Nether-Melcum, otherwise Melcombe Binghams', with the appurtenances whereof, etc. in form aforesaid being seized, the remainder thereof in form aforesaid expectant, The said Ann afterwards and before the within written time in which, etc. at Melcombe aforesaid, took to Husband one John Sroud Esquire: And the Jurors aforesaid say upon their Oath aforesaid, That at the time of the death of the said Robert Bingham the younger, and before the within written time in which, etc. The aforesaid John Horsey was seized of the said Manor, of Over-Melcum, otherwise, Horseys-Melcum, otherwise Sturges-Melcum with the appurtenances in his Demesn as of Fee Tail, that is to say, to him and the Heirs males of his body lawfully begotten, the Remainder thereof over, in form aforesaid expecting. And the said John Horsey so thereof being seized, one John Popham Knight, Chief Justice of the said Lady the Queen of Plea, before the Queen herself to be held assigned, by the name of John Popham Esquire, George Trenchard Esquire, and Edward Gorge Esquire, before the within written time, in which, etc. that is to say, the 26th. day of March, in the year of the said Lady the Queen that now is the 31.th. Out of the Court of Chancery of the said Lady the Queen at Westminster in the County of Middlesex then being, sued forth a certain Writ of the said Lady the Queen of Entry, in the Disseisin in the Post against the said John Horsey, than Tenant of the Freehold of the said Manor, of Over Melcum, otherwise Sturges-Melcum, with the appurtenances of the said Manor, by the name of the Manor of Horseys-Melcum otherwise Sturges Melcum with the Appurtenances; And 10. Messages, 300. Acres of Land, 200. Acres of Meadow, 5000. Acres of Pasture, 300. Acres of Wood, and 300. Acres of Furz and Heath, with the Appurtenances in Horseys-Melcum, otherwise Sturgis-Melcum, to the then Sheriffs of the aforesaid County of Dorset directed, By which Writ, the said Lady the Queen that now is, to the then Sheriff of Dorset commanded, that the said then Sheriff should command the said John Horsey, that justly and without delay, he should render to the said john Popham, George Trenchard, and Edward Gorge, the said Manor of Horseys-Melcum, with the appurtenances, and 10. Messages, 300. Acres of Land, 200. Acres of Meadow, 5000. Acres of Pasture, 300. Acres of Wood, and 300. Acres of Furz and Heath, with the appurtenances in Horseys-Melcum, otherwise Sturges-Melcum, which the said George Popham, George Trenchard, and Edward Gorge, claimed to be their Right and Inheritance, And in which the said john Horsey had not entry, but after the Disseisin which Hugh Hunt thereof unjustly, and without Judgement made to the said John Popham, George Trenchard, and Edward Gorge, within 30. years then last passed, as they said, And whereupon they complained that the aforesaid john Horsey did them deforce, and if he should not do, And the said john Popham, George Trenchard, and Edward Gorge, did secure the said Sheriff for the prosecution of his clamour, That then the said Sheriff summon the aforesaid john Horsey, that he be before the then Justices of the said Lady the Queen, of the Bench at Westminster aforesaid, from Easter-day in 15. days then next following, to show why he had not done it; At which 15. day of Easter, before Edward Anderson Knight, and his Companions then Justices of the said Lady the Queen of the Bench at Westminster aforesaid, came as well the aforesaid john Popham, George Trenchard, and Edward Gorge, by john Willis their Attorney, and Robert Frampton Esquire, than Sheriff of the County of Dorset aforesaid, then and there returned the Writ aforesaid to him, in form aforesaid directed, in all things served and executed, that is to say, that the said john Popham, George Trenchard, and Edward Gorge, had found to the said Sheriff Pledges to prosecute the said Writ; that is is to say, john Do, and Richard Roose: And that the said john Horsey, was summoned by john Den, and Richard Fen, And thereupon the said john Popham, George Trenchard, and Edward Gorge, declaring against the said john Horsey, upon the Writ aforesaid, in their proper persons, And demanded against the said john Horsey, the Manors and Tenements aforesaid with the appurtenances, as their Right and Inheritance, And into which the said john Horsey had not entry, but after the Disseisin, which Hugh Hunt thereof unjustly, and without Judgement did to the said john Popham, George Trenchard, and Edward Gorge, within 30. years then last passed, etc. And whereupon they then said, That they themselves were seized of the Manor, and those Tenements with the Appurtenances in their Demesn as of Fee in Right in time of peace, in the time of the said Lady the Queen that now is, taking thereof the profits to the value, etc. And in which, etc. And thereof they bring suit, etc. And the said john Horsey then and there defendeth the force and injury when, etc. And voucheth thereof to warranty, David Howel, who was then present in the same Court in his proper person, and freely the Manor and Tenements aforesaid with the appurtenances, then to him did warrant. And upon this, the aforesaid john Popham, George Trenchard, and Edward Gorge, then demanded against him the said David, Tenant by his warranty, the Manor and Tenements aforesaid with the appurtenances, in form aforesaid, etc. And whereupon they said, that they they themselves were seized of the Manor and Tenements aforesaid with the appurtenances, in their Demesn as of Fee and Right in time of peace, in the time of the Lady the Queen that now is, taking the profits thereof to the value, etc. And in which etc. And thereof then brought Suit, &. And the aforesaid David, than tenant by his warranty, defendeth the force & injury when, etc. And said, That the aforesaid Hugh Hunt did not Disseise the said john Popham, George Trenchard, and Edward Gorge, of the Manor and Tenements aforesaid with the appurtenances, as the said john Popham, George Trenchard, and Edward Gorge, by their Writ and Declaration aforesaid above supposed. And of this put himself upon the Country, And the said john Popham, George Trenchard, and Edward Gorge, than prayed licence thereof to imparl, and had it. And afterwards the said john Popham, George Trenchard, and Edward Gorge, came back in the same Court the same Term in their proper persons, And the said David although he was solemnly called, did not come back, but departed in contempt of the said Court, and made default. Therefore then by the same Court, it was granted, That the aforesaid john Popham, George Trenchard, and Edward Gorge, should recover their seisin against the said John Horsey, of the Manor and Tenements aforesaid with the appurtenances, And that the said John Horsey should have of the Tenements of the said David, to the value, etc. And the said David should be in mercy, etc. And upon this, the aforesaid john Popham, George Trenchard and Edward Gorge, than prayed a Writ of the Lady the Queen, to the Sheriff of Dorset aforesaid to be directed, to give them full seisin and possession of the Manor and Tenements aforesaid with the appurtenances, and it was then granted unto them retornable there from the day of Easter, in 5. Weeks than next following, etc. At which day, before Edmond Anderson Knight, and his Companions then Justices of the said Lady the Queen of the Bench, that is to say, at Westminster aforesaid, came the aforesaid john Popham, George Trenchard, and Edward Gorge, in their proper persons. And the aforesaid Robert Frampton Esq. then Sheriff of the aforesaid County of Dorset, then sent, that he by virtue of the said Writ to him directed, made to the said john Popham, George Trenchard, and Edward Gorge, full seisin of the Manor and Tenements aforesaid with the appurtenances, as by the said Writ he was commanded, the Tenor of which Recovery followeth in these words, ss. Dorset. ss. john Popham Esquire, George Trenchard Esquire, and Edward Gorge Esquire, in their proper persons demand against john Horsey Knight, the Manor of Horseys-Melcumb, otherwise Sturges-Melcumb, with the appurtenances, and 10. Messages, 300. Acres of Land, 200. Acres of Meadow, 5000. Acres of Pasture, 300. Acres of Wood, and 300. Acres of Furz and Heath, with the appurtenances in Horseys-Melcumb, otherwise Sturges-Melcumb, as their Right and Inheritance. And in which the said john Horsey had not entry, but after Disseisin, which Hugh Hunt thereof unjustly and without Judgement, did to the said john Popham, George and Edward, within 30. years now last passed, etc. And whereupon they say, That they themselves were seized of the Manor and Tenements aforesaid with the Appurtenances, in their Demesn as of Fee in Right in the time of Peace, in the time of the Lady the Queen that now is, taking the profits to the value, etc. And in which, etc. And thereof bring suit, etc. And the aforesaid john Horsey, by john Willis his Attorney, cometh and defendeth his right when, etc. And voucheth thereof to warranty David Howel, who is present here in Court in his proper person, and freely the Manor and Tenements aforesaid with the appurtenances to him doth warrant, and upon this, the aforesaid john Popham, George Trenchard, and Edward Gorge demand against the said David Tenant by his warranty, the Mamnor & Tenements aforesaid with the appurtenances in form aforesaid, etc. And whereupon they say, That they themselves were seized of the Mamnor & Tenements aforesaid with the appurtenances in their demesn, as of Fe & Right, in the time of peace, in the time the Lady the Queen that now is, taking the profits thereof to the value, etc. and in which, etc. and thereof they bring suit, etc. and the said David Tenant, by his warranty defendeth his right when, etc. and saith, that the said Hugh did not dissess the aforesaid John Popham George, and Edward, of the Manor and Tenements aforesaid with the appurtenances as the said John, George and Edward, by their writ and declaration aforesaid, above suppose, and of this puts himself upon the Country, etc. and the aforesaid john Popham, George and Edward, pray Licence thereof to imparle, and have it, etc. and afterwards the said john George and Edward return here into Court the same Term in their proper persons, and the said David, although solemnly called, doth not come, but departed in despite of the Court, and made default, Therefore it is granted, That the aforesaid john Popham George and Edward, recover their seisin against the aforesaid john Horsey of the Manor and Tenements aforesaid, with the appurtenances, and that the said john have of the Lands of the said David to the value, etc. and the said David in mercy, etc. and upon this the aforesaid john Popham George and Edward pray a writ of the Lady the Queen, to the Sheriff of the County aforesaid, to be directed, to give them full seisin of the Manor and Tenements aforesaid, with the appurtenances, and it is granted unto them retorneable here from Easter day in 5 weeks, etc. At which day here came the aforesaid john Popham, George, and Edward, in their proper persons, and the Sheriff, that is to say, Robert Frampton Esquire now sent, that he by virtue of the said writ to him directed, the 29th. day of April last passed gave to the said john Popham George and Edward, full seisin of the Manor and Tenements aforesaid, with the appurtenances, as by the said writ to him it was Commanded, etc. Which recovery, in form aforesaid had, was had to the use of the said john Horsey, and Dorothy then his wife, and to the heirs males of the body of the said john lawfully begotten, and for default of such issue to the use of the aforesaid jasper Horsey, and the heirs males of the said jasper Lawfully begotten, and for default of such issue, to the use of the right heirs of the said john Horsey for ever; by virtue whereof, and force of the said Act of Parliament of transferring uses into possession made, the aforesaid john Horsey, and Dorothy, were seized of that Manor, with the appurtenances, that is to say, the said John Horsey in his demesn as of Fee tail, that is to say, to him and the heirs males of his body lawfully begotten, and the aforesaid Dorothy in her demesn as of freehold for, and during her life, the remainder thereof in form aforesaid expectant, and the said John and Dorothy, so thereof being seized, the remainder thereof in form aforesaid expectant, the said John Horsey afterwards and before the within written time in which, etc. that is to say the 7th. day of September, in the year of the Reign of the said Lady the Queen that now is the 31th. at Melcum aforesaid, of such his estate died thereof seized without issue male of his body lawfully begotten, and the aforesaid Dorothy him overlived and held herself in, in the Manor aforesaid with the appurtenances, and was thereof sole seized in her demesn as of freehold for the term of her life, by way of survivor, the remainder thereof in form aforesaid expectant. And that Mary Arnald wife of Richard Arnald Esquire, was one Sister and Co-heir of the said John Horsey, and Reginald Moon Knight, was another Co-heir of the aforesaid John Horsey, that is to say Son and heir of William Moon Knight, and Elizabeth his wife, other Sister of the said John Horsey: and the Jurors aforesaid further say upon their Oath aforesaid, That the aforesaid Dorothy of the aforesaid Manor of Over Melcum, otherwise Horseys Melcum, otherwise Sturges Melcum, with the Appurtenances, in form aforesaid being seized, after and before the within written time in which, etc. that is to say, the first day of September in the year of the said Lady the Queen that now is, the 32th. at Melcum aforesaid, died of such her estate so seized; after whose death the aforesaid Ralph Horsey, and Edith unto the aforesaid Manor of Over Melcum otherwise Horseys Melcum, otherwise Sturges Melcum with the appurtenances did enter, and were thereof seized as the Law requireth: and the said Jurors further say upon their Oath aforesaid, that the said Robert Bingham the Elder, and jane, of the aforesaid Manor of Nether Melcum, otherwise Melcum Binghams' with the appurtenances whereof, etc. so as is before said, for the term of their lives being seized, the remainder thereof in form aforesaid expectant, the said Robert Bingham the Elder, after and before the time in which, etc. that is to say the 11th. day of january, in the year of the Reign of the said Lady the Queen that now is the 36 at Melcum aforesaid, died, of such his estate thereof seized, the said Richard Bingham being Cousin and heir of the said Robert Bingham the Elder, that is to say, Son and heir of the aforesaid Robert Bingham the Younger, Son and heir of the said Robert Bingham the Elder, and within the age of 21 years, that is to say, of the age of 8 years, and no more, and that the aforesaid Richard Bingham is yet living and in full life, that is to say at Melcum aforesaid, and that the aforesaid jane the aforesaid Robert Bingham the Elder overlived, and held herself in the aforesaid Manor of Nether Melcum, otherwise Melcum Binghams', with the appurtenances whereof, etc. And was thereof sole seized in her demesn as of freehold for the term of her life by right of survivor, the remainder thereof in form aforesaid, as the Law requireth, & that the aforesaid jane of the aforesaid Manor of Nether Melcum, otherwise Melcum Binghams' with the appurtenances whereof, etc. in her demesn as of Freehold for the term of her life in form aforesaid, being seized, the aforesaid jave afterwards, and before the within written time in which, etc. that is to say, the second day of April in the year of the Reign of the said Lady the Queen that now is, the 41 th'. at Melcum aforesaid died, of such her Estate thereof seized; after whose death, and before the within written time in which, etc. The aforesaid Ralph Horsey, Richard Veal, and Edward Goor, into the Tenements within written with the appurtenances entered, and that after, and before the within written time in which, etc. The aforesaid john Stroud and Ann his wife, and Richard Bingham, into the aforesaid Manor of Nether Melcum, otherwise Melcum Binghams' with the appurtenances whereof, etc. entered in the right of the said Richard Bingham, By virtue of which the aforesaid Richard Bingham was of and in the Manor aforesaid with the appurtenances whereof, etc. seized, and so thereof being seized, after and before the within written time in which, etc. that is to say, the 7 th'. day of April in the Reign of said Lady the Queen that now is the 41 th'. aforesaid, the aforesaid john Stroud and Ann his wife, and the said Richard Bingham upon the Tenements within written, By their writing sealed with their seals, bearing date the second day of April in the year of the Reign of the said Lady the Queen that now is the 41 th'. aforesaid, to the Jurors aforesaid, in evidence showed at Melcum aforesaid, demised the aforesaid Manor of Nether Melcum otherwise Melcum Binghams' with the appurtenances whereof, etc. to the within named William Albert, To have and to hold to him and his assigns from the Feast of the Anunciation of the blessed Mary the Virgin, than last passed, before the date of the said writing for the Term of 7 years from thence next and immediately ensuing fully to be complete and ended, yielding therefore yearly during the term aforesaid, 140 pound per. An. at the Feast of Saint Michael the Archangel, and the Annunciation of the blessed Mary the Virgin, by equal portions to be paid: By virtue of which demise the aforesaid William Albert the aforesaid 7 th'. day of April in the year 41 aforesaid, into the aforesaid Manor of Nether Melcum otherwise Melcum Binghams' with the appurtenances whereof, etc. entered, and was thereof possessed, as the Law requireth, and so being thereof possessed, after and before the within written time in which, etc. that is to say, the aforesaid 7 th'. day of April in the year 41 aforesaid, the said William Albert upon the Tenements within written entered, and demised the Tenements within written, with the appurtenances in which, etc. to the aforesaid George Stroud, as in the declaration within written above is specified: By virtue of which the aforesaid George Stroud the aforesaid 7 th'. day of April in the 41 th'. year aforesaid, into the Tenements within written in the Declaration within written mentioned in which, etc. entered, and was thereof possessed as the Law requireth, until the said Ralph Horsey, Richard Veal, and Edward Goor, the within written 11 day of April in the 41 year aforesaid upon the possession of the said George Stroud (his term aforesaid not yet ended) did eject expel and amove: But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found, the entry of the said George into the Tenements within written, with the appurtenances be lawful or not, the said Jurors altogether do not know, and pray thereof the advice of the Court here, etc. And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Court here, etc. That the Entry of the said George Stroud into the Tenements within written, with the appurtenances be lawful, Then the aforesaid Jurors say, upon their Oath aforesaid, That the said Ralph Horsey, Richard Veal, and Edward Goor; are guilty of the Trespass and Ejectment within written, as the aforesaid George Stroud within against them complaineth: And then they assess the damages of the said George, by occasion of the Trespass and Ejectment within written, above his charges and costs by him about his Suit in this behalf expended, to 2. shillings, and for his costs and charges to 20. shillings. And if upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, It shall seem to the Court here, etc. That the Entry of the said George Stroud, into the Tenements within written with the appurtenances be not lawful, Then the aforesaid Jurors say, upon their Oath aforesaid, That the said Ralph Horsey, Richard Veal, and Edward Goor, are not guilty of the Trespass and Ejectment within written, as the said Ralph Horsey Richard Veal, and Edward Goor, thereof within alleged, And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises are not yet avised, Day thereof is given to the parties aforesaid before the Lady the Q. at Westminster, Until Friday next after the morrow of Holy Trinity, to hear their Judgement thereof, because the Court of the said Lady the Queen here thereof not yet, etc. At which day, before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen of giving her Judgement of and upon the premises are not avised, Day thereof is given to the parties aforesaid, before the Lady the Queen at Westminster, Until Thursday next after 8. days of St. Michael, to hear their Judgement thereof, because the Court of the said Lady the Queen here thereof not yet, etc. At which day, before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, and because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised, Day is given to the parties aforesaid before the Lady the Queen at Westminster, until Friday next after 8. days of St. Hillary, to here their judgement thereof, because the Court of the said Lady the Queen thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Q. here of their Judgement to be given of & upon the premises is not yet avised, Day thereof is given to the parties aforesaid, until Wednesday next after the 18 th'. day of Easter, to hear their judgement thereof, because the Court of the said Lady the Queen here thereof not yet, etc. At which day before the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen here of giving their Judgement thereof is not yet avised, Day is given to the parties aforesaid before the Lady the Queen at Westminster, until Friday next after the morrow of Holy Trinity, to hear their Judgement thereof, because the Court of the said Lady the Queen here thereof are not yet, etc. At which day come, the parties aforesaid before the Lady the Queen at Westminster, by their Attorney's aforesaid, Upon which, seen, And by the Court of the said Lady the Queen here all and singular the premises fully understood, and mature deliberation being thereof had, It is granted, That the said George Stroud shall recover against the said Ralph Horsey, Richard Veal, and Edward Goor his Term aforesaid, of and in the Tenements aforesaid, in the Declaration aforesaid specified yet to come, and his damages aforesaid, by the Jurors aforesaid, in form aforesaid assessed, As also 12. pound for his charges and costs aforesaid, to the said George Sroud by the Court of the said Lay the Queen here, with his assent of increase adjudged: which damages in the whole do amount to 13. pound, and two shillings, And the said Ralph Horsey, Richard Veal, and Edward Goor, be taken, etc.   

Ejectione Firm.  
Hillary Term 290. Elizabeth, Rott. 790. in the KING'S BENCH, Barastons Case, C. 3. part. fol. 19 a.  
MEmorandum, That at another time, That is to say, Michaelmass Term last passed, before the Lady the Queen at Westminster, came Richard Hind, by James Long his Attorney, and brought here in the Court of the said Lady the Queen then there, his Bill against William Ambry, in the Custody of the Marshal, etc. Of a Plea of Trespass and Ejectment of his Farm, and are Pledges of Suit, that is to say, john Do, and Richard Roose, Which Bill followeth in these words. ss. Hartford. Richard Hind complaineth of William Ambry in the custody of the Marshal of the marshalsea of the Lady the Queen, before the Queen herself being, for that, that is to say, That whereas, one Thomas Brand, and Constance his Wife, and Milliam Davyes, and Margaret his Wife, the 4 th'. day of july, in the year of Reign of the said Lady Elizabeth now Queen of England the 28 th'. at Aldenhan, in the County aforesaid, Demised, and granted, and to Farm let, to the aforesaid Richard Hind amongst other things, 10. Acres of Land, with the appurtenances, called the upper part of a Close named Redding, in Aldenham aforesaid, in the County aforesaid: To have, and to hold, the aforesaid 10. Acres, with the appurtenances, to the aforesaid Richard Hind and his Assigns, from the Feast of St. john the Baptist than last passed, until the end and Term of 7. years, from thence next ensuing, and fully to be complete and ended; By virtue of which demise, The said Richard Hind, into the aforesaid 10. Acres of Land, with the appurtenances, the aforesaid 9 th'. day of july, in the 28th. year aforesaid, with Force and Arms, etc. into the aforesaid 10. Acres of Lands with the appurtenances, upon the possession of the said Richard entered, and him the said Richard from his Farm aforesaid, the Term thereof not yet ended, did eject, expel, and amove, and then the said Richard from his possession thereof held out, and as yet holdeth out, And other harms to him did against the Peace of the said Queen, to the damage of the said Richard of 10. pounds, and thereof he bringeth Suit, etc. And now at this day, that is to say, Monday after 8. days of St. Michael, this Term, until which day, the said William had licence to the Bill aforesaid to imparl, and then to answer, etc. before the Lady the Queen at Westminster, come as well the aforesaid Richard by his Attorney aforesaid, as the said William by Richard Belfield his Attorney, and the same William doth defend the force and injury when, etc. And saith, That he is not guilty thereof, and of that he puts himself upon the Country; And that said Richard likewise. Therefore a Jury thereof before the Lady the Queen at Westminster, Wednesday next after 15. days of Easter, who neither, etc. Because as well, etc. the same day is given to the parties aforesaid there, etc. Afterwards the process thereof was continued between the parties aforesaid, in the Plea aforesaid, by Juries put between them in respite, before the said Lady the Queen, until Wednesday next after 8. days of St. Michael then next following: Unless the Justices of the said Lady the Queen to take Assizes in the County aforesaid assigned, First upon Friday the 12 th'. day of July, at Hartford in the County aforesaid, by form of the Statute, etc. come for default of Jurors, etc. At which Wednesday next after 8. days of St. Michael, before the Lady the Queen at Westminster, came the aforesaid Richard Hind by his Attorney aforesaid, And the aforesaid Justices of Assizes, before whom, etc. sent here their Record before them had in these words: ss. Afterwards, the day and place within contained, before Thomas Gawdy Knight, one of the Justice● of the Lady the Queen of Pleas, before the Lady the Queen herself to be holden assigned, and Robert Clark, one of the Barons of the said Lady the Queen of her Exchequer, Justices of the said Lady the Queen, to take Assizes in the County of Hartford assigned, by form of the Statute, etc. came as well the within named Richard Hind, by Henry Brantwayte his Attorney, as the within written William Ambry by his Attorney within mentioned, and the Jurors of the Jury whereof within mention is made, some of them, that is to say, Richard Penifather, Thomas Glascock, john Harmer, and Stephen Nebbes came, and in the said Jury are sworn, And because the rest of the Jurors of the said Jury did not appear, Therefore, other of the Standards by, chosen by the Sheriff, at the Request of the said Richard Hind, and by the Command of the Justice's aforesaid are of new put, whose names to the Panel within written are filled, according to the form of the Statute in such Case late, made, and provided, and some of the Jurors so a new put, that is to say, Edward Vial, Thomas Cooker, Thomas Trow, Edward Asher, john Dermer, William Tiverton, Edward Iorden, and Robert Carpenter came, who to say the truth of the matters within contained, together with the Jurors aforesaid first unpannelled, and sworn, chosen, tried and sworn, Say, upon their Oath, That long before the Trespass and Ejectment of the Farm within supposed to be done, One Thomas Boraston was seized of and in the within written 10. Acres of Lands, with the appurtenances, called the upper part of a Close called Redding, in Aldenham within written, in his demesn as of see, & the said 10. Acres of Lands with the appurtenances held of one Robert Stepnigh Esq. as of his Manor of Aldenham in his free socage, And further the Jurors aforesaid, say upon their Oath, That the aforesaid Tho. Boraston had issue of his body lawfully begotten, Hum Boraston his Elder Son, & Hen. Boraston, his Younger Son: and the aforesaid Hum. Boraston had issue of his body Lawfully begotten, Constance Boraston now the wife of the within named Thomas Brand, and the within named Margaret wife of the within named William Davis: and that afterwards Humphrey Boraston died, living the said Thomas Boraston, and that the aforesaid Constance and Margaret were and are Daughters and Coheirs of the aforesaid Humphrey Boraston: and farther the Jurors aforesaid say upon their Oath, that the aforesaid boraston, so of, and in the aforesaid 10 Acres of Land with the appurtenances being seized as before is said, afterwards, that is to say, the 12 th'. day of the month of August in the year of our Lord 1559 in the year of the Reign of the said Lady the Queen, the first, made his Testament and last Will in writing, in these English words following, In the name of God Amen. Item, I give unto Thomas Amerie, and Amphillis his wife, all that my upper part of my close called Redding, for the Term of 8 years after my decease in recompense of one yearly Annuity of 46 shillings 8 pence due unto the said Thomas Amerie upon one obligation of certain years yet during, and upon farther Condition, that the said Thomas Amerie shall bring in the said Obligation to my Executors to be canceled and utterly discharged, upon this consideration, before such time as the said Thomas Amerie shall make any entry upon the premises, and that the said Thomas Amerie neither his assigns, shall not during the said 8 years fell any of the Woods, Timber, nor Undrwoods', in, nor upon the said upper part, but shall preserve the Woods, hawts, and Springs, to the behoof of the Heir in remainder, and after the Term of the said 8 years the said upper part to remain to my Executors until such time as Hugh Boraston shall accomplish his age of 21 years, and the mean profits to be employed by my Executors towards the performance of this my last will and Testament; and when the said Hugh cometh unto twenty and one years of age, than I will that he shall enjoy the said upper part to him and his heirs for ever, Provided always, that if the said Thomas Amerie do refuse to bring in his Obligation, or to preserve the Woods, upon the said upper part, than my Executors to enjoy the premises during the said Term of 8 years, paying the said Amerie his 46 shillings 8 pence during the said Term of 8 years; as by the Tenement and last will aforesaid amongst other things it appeareth: And farther the Jurors aforesaid, say upon their Oath aforesaid That the aforesaid Thomas Boraston so of the aforesaid 10 Acres of Land with the appurtenances being seized, afterward, that is to say, the 14 th'. day of the aforesaid Month of August in the year of the Reign of the said Lady the Queen that now is the first, at Aldenham aforesaid, of such his estate died seized; and farther the Jurors aforesaid say, upon their Oath, that the aforesaid Hugh Boraston in the said Testament and last will named, was Son and heir of the said Henry Boraston, and that the said Hugh Boraston died before that he came to the age of 21 years, that is to say, about the age of 9 years. And farther the Jurors aforesaid say, upon their Oath aforesaid, that the Interest of the premises aforesaid, in the said Testament and last will mentioned and devised, aswell to the said Thomas Amry, and Amphillis his wife, as to the Executors of the said Testament, before the day of the bringing of the Bill within written ended and determined: And further the Jurors aforesaid say upon their Oath, That Philip Boraston was and is Brother and next heir of the said Hugh Boraston, by colour whereof the said Philip Boraston after the aforesaid Interest of the premises to the said Thomas Amerie and Amphillis his wife, and the exetors aforesaid, by the aforesaid Testament and last will given and devised, was ended and determined, unto the aforesaid 10 Acres of Lands with the appurtenannces as brother and next heir of the said Hugh entered, and was thereof seized, as the Law requireth, and so thereof seized, the said Philip boraston afterwards and before the time of the exhibitage of the Bill aforesaid, that is to say, the 20 day of June in the year of the Reign of the Lady the Queen that now is the 28, demised, granted, and to Farm let, to the aforesaid William Ambry now defendant, the Tenements aforesaid with the appurtenances in which, etc. To have and to hold to the said William Ambry and his assigns, for a whole year from thence next following, to be fully complete and ended, and so from year to year as long as both parties should please; By virtue of which ●●●ise, The aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances entered and was thereof possessed, and so thereof being possessed, the aforesaid Thomas brand and Constance his wife, William Davis and Margaret his wife, as in the right of the said Constance, and Margaret, afterwards, that is to say, the 9 day of July in the year of the Reign of the Lady the Queen that now is, the 20 aforesaid, into the aforesaid 10 Acres of land with the appurtenances in & upon the possession of the said William Ambry entered, and were thereof seized, as the Law requireth: and so thereof being seized, at Aldenham aforesaid, the said Thomas Brand and Constance his wife, William Davis and Margaret his wife, afterwards, that is to say, the said 9th. day of July, in the year 28 aforesaid, by their Indenture bearing date the same day and year, demised, granted and to Farm let, the aforesaid 10 Acres of Land with the appurtenances to the aforesaid Richard Hind, to have and to hold the aforesaid 10 Acres of Land with the appurtenances unto the said Richard Hind and his assigns from the Feast of Saint John the Baptist than last passed, until the end & term of 7 years from thence next ensuing & fully to be complete & ended: By virtue of which demise, the said Richard Hind into the aforesaid 10. Acres of Lands with the appurtenances, the aforesaid 9th. day of July in the year of the Reign of the said Lady the Queen that now is the 28th. aforesaid entered, and was thereof possessed, until the aforesaid William Ambry afterwards, that is to say, the aforesaid 9 th'. day of July in the 28 year aforesaid, with force and Arms, etc. into the aforesaid 10 Acres of Land with the Appurtenances, upon the possession of the said Richard Hind, thereof, by the precept and command of the aforesaid Philip Boraston reentered, and him the said Richard Hind from his possession thereof held out, and yet hold out: But whether upon the whole matter aforesaid, in form aforesaid found, the reentry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances, be, or in Law ought to be adjudged, a good or lawful reentry, the Jurors aforesaid are utterly ignorant, and thereof pray the advice of the Court of the Lady the Queen; and if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Court of the said Lady the Queen that the Reentry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances, & upon the possession of the said Richard Hind, be not nor in Law ought to be adjudged a good and Lawful Reentry, Then the Jurors aforesaid say upon their Oath aforesaid, That the aforesaid William Ambry is guilty of the Trespass and Ejectment within specified in manner and form as the aforesaid Richard Hind, within against him complaineth, and then they Assess the damages of the said Richard Hind, by occasion of the Trespass and Ejectment out of his Farm, besides his charges and costs by him about his suit in his behalf expended, to 8. shillings, and for his Charges and Costs to 30. shillings and 4, pence: but if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Court of the Lady the Queen, that the reentry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the said Richard Hind, be, or in Law ought to be adjudged a good and Lawful reentry, than the Jurors aforesaid say upon their Oath, that the said William Ambry is not guilty of the Trespass and Ejectment of the farm aforesaid, as he before for himself hath alleged: And because the Court of the Lady the Queen here, of giving their Judgement further of and upon the premises is not yet avised, day thereof is given to the parties aforesaid, in the state that now it is, before the Lady the Queen at Westminster until thursday next after 8 days of Saint Hillary to hear their Judgement thereof, because the Court of the Lady the Queen here, thereof not yet, have avised, etc. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorney's aforesaid, and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, further day thereof is given to the parties aforesaid in the state it now is, before the Lady the Queen at Westminster until wednesday next after 15 days of Easter to hear their Judgement thereof, etc. because, etc. And so from Term to Term until the plaint aforesaid was farther adjroned by another writ of the said Lady the Queen of Common adjournment before the Queen until the morrow of All Souls at the Castle of Hartford in the County of Hartford, at which day before the Lady the Queen at the Castle of Hartford, came the parties aforesaid, by their Attorneys aforesaid, and because the Court of the Queen here of giving their Judgement of and upon the premises, is not yet avised, Day thereof is farther given to the parties aforesaid in state as it is now before the Lady the Queen at the Castle of Hartford, until Tuesday next after 3 days of Saint Hillary, to hear their Judgement, etc. because, etc. Before which day, the plaint aforesaid was adjourned by a writ of the Lady the Queen of common adjornement, before the said Lady the Queen until 8 days of Saint Hillary at Westminster, at which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorneys aforesaid: and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Wednesday next after 15 days of Easter to hear their Judgement thereof, etc. because, etc. At which day, before the Lady the Queen at Westminster, come the parties aforesaid by their Attorneys aforesaid: Upon which, seen by the Court of the Lady the Queen here, and the premises diligently looked into, and thereof mature deliberation being thereof had, Because it seemeth to the Court of the said Lady the Queen here, that the entry of the aforesaid Williliam Ambry, above specified, into the aforesaid 10 Acres of Land, with the appurtenances, in and upon the possession of the aforesaid Richard Hind, was a good and lawful reentry, therefore It is granted, that the aforesaid Richard Hind, take nothing by his Bill aforesaid, but that he for his false clamour be taken, etc. and the aforesaid William Ambry be thereof without damage, etc.   

Ejectione Firm.  
Hillary Term. 36. Eliz. Rott. 440. in the King's Bench. Sir George Brown's Case. C. 3. part. fo. 45.  
WIlliam Spencer, late of Swindon in the County aforesaid Yeoman, and Thomas Spencer late of Swindon in the County aforesaid Yeoman, were attached to answer to James Linche of a plea, wherefore with force and arms one Message, one Barn, 80 Acres of Land, 80 Acres of Meadow, and 80 Acres of Pasture, with the appurtenances, in Swindon, which George Brown Knight, to the aforesaid James demised for a Term which is not yet ended, they entered, and him from his Farm aforesaid did eject, and other harms did unto him, to the grievous damage of the said James, and against the peace of the Lady the Queen that now is, etc. and whereupon the said James, by Thomas Cooper his Attourny Complaineth, That whereas the aforesaid George Brown the 22 th'. day of October, in the year of the Reign of the Queen that now is, the 35 th'. at Swindon aforesaid, had demised to the said James, the Tenements aforesaid, with the appurtenances, to have and to hold the same Tenements with the appurtenances, to the said James and his assigns, from the Feast of Saint Michael the Archangel than last passed, until the end and Term of 4 years from thence next ensuing, and fully to be completed: By virtue of which demise, the said James into the Tenements aforesaid with the appurtenances entered, and was thereof possessed, and so thereof being possessed, the aforesaid William and Thomas afterwards, that is to say the 22 th'. day of October aforesaid in the 35 th'. year aforesaid with force and arms, etc. the Tenements aforesaid, with the appurtenances, which the said George Brown, to the said James, in form aforesaid demised for the term aforesaid, which is not yet ended, entered, and him the said James from his Farm aforesaid held out, and other harms, etc. To the grievous damage, etc. and against the peace, etc. whereupon he saith that he is the worse and hath damage to the value of 20 pound, and thereof bringeth suit, etc. And the aforesaid William and Thomas by John Paxton their Attorney come, and defend the force and injury when, etc. And say that they in nothing are guilty of the Trespass and Ejectment aforesaid as the aforesaid James above against them complaineth: and of this, put themselves upon the Country, and the aforesaid James likewise, etc. Therefore it is commanded to the Sheriff, that he have here in 8 days of the Purification of the blessed Lady. 12 good and Lawful men, etc. by whom the truth, etc. and who neither, etc. Because aswell, etc. afterward the process between the parties aforesaid was continued of the plea aforesaid, by Jurors put between them put in respite here until this day, that is to say, in 8 days of Saint Michael in the year of the Reign of the Lady the Queen that now is the 37 th'. Unless the Justices of the Lady the Queen for Assizes in the County aforesaid to be taken assigned, by the form of the statute, upon Thursday the 17 day of July last passed, at New Sarad in the County aforesaid first came. And now here, at this day come as well the aforesaid James Linche, as the aforesaid William Spencer and Thomas Spencer by their Attorneys aforesaid, and the aforesaid Justices of Assize before whom, etc. sent here their Record in these words; Afterwards, the day and place within contained before Thomas Walmesley one of the Justices of the Lady the Queen of the Bench, and Edward Fenner one of the Justices of the said Lady the Queen, of pleas before the Queen herself, to be holden assigned Justices of the Assiise of the Lady the Queen, in the County of Wilts, to be taken, Assigned by the form of the statute, came aswell the within named James Linche as the said within written William Spencer, and Tho. Spencer by their Attorneys within mentioned, and the Jurors of the Jury whereof within mention is made being called, some of them, that is to say, William Garret of Shaw Gentleman, William Bury of Crickland, Thomas Puckley of Nether Haven Gentleman, William Marse of Haydon, John Noise of Graston, Richard Leg of Nether Haven, Thomas Smith of Kinnett, Thomas Stoper of Moanton, and William Gouldesborough of the same came, and are sworn of the same Jury, and because that the rest of the Jurors of the Jury did not appear, therefore other of the standers by chosen by the Sheriff of the County aforesaid at the request of the said James, and by the command of the Justice's aforesaid were new put, whose names to the Pan●nel within written are filled, according to the statute in such case lately made and provided: And the Jurors so of new put, that is to say, Thomas Stringer, William Bundy, and William Hascal, likewise called came, who to the truth of the matter within contained, together with the other Jurors aforesaid first impanelled, chosen, tried and sworn, say upon their Oath, That the aforesaid William Spencer is not guilty of the Trespass and Ejectment within written as the said Wiliam hath within alleged; and further the said Jurors, as to all the Trespass & Ejectment aforesaid within written, besides the Trespass and Ejectment in the Message within contained and 26 Acres of the Tenements within written by the aforesaid Thomas Spencer within supposed to be done, they say upon their Oath that the said Tho. is not thereof guilty as the said Tho. likewise thereof within allegeth: and as to the Trespass and Ejectment within written, into the aforesaid Message and 26 Acres of Land within supposed to be done, the same Jurors say upon their Oath, that long before the within written time in which it is supposed the Trespass and Ejectment aforesaid to be done, one Richard Bridges Knight was seized as well of the aforesaid Message and 26 Acres of Land with the appurtenances, as of the other Tenements within written residue with the appurtenances in his demesn as of Fee, and so thereof being seized, the said Richard long before the time aforesaid in which, etc. by his certain writing of Feoffment Indented, in Consideration of a certain jointure of one johanna the wife or Daughter of William Spencer Knight, deceased, from thence after to be had and ended, gave and granted, and in his said writing Indented, confirmed to john Winchcomb the Elder, of Newberry, in the County of Berks. and John Knight of Newberry aforesaid, the aforesaid Message and 26 Acres of Land in which, etc. amongst other things, to have and to hold the said Message and 26 Acres of Land in which, etc. amongst other things to the said John Winchcomb and John Knight their heirs and assigns for ever, under this Condition following, that is to say, That the said John Winchcomb and John Knight within one month next ensuing after the date of the said writing, by their sufficient writing in Law, as by the learned Council in the Law of the said Richard bridges it should be avised, should give, grant, and deliver, the aforesaid Message and 26 Acres of Land in which, etc. amongst other things to the said Richard and the said Johanna his wife, to have and to hold the said Message and 26 Acres of Land in which, etc. amongst other things to the said Richard and the said Johanna, and to the heirs of the bodies of the said Richard and the said Johanna his wife, betwixt the said Richard and the said Johanna Lawfully begotten, and for default of such issue, the remainder thereof to the right heirs of the aforesaid Richard for ever, of the chief Lords of the Fee by the services therefore due and of right occasioned, as by the said writing of Feoffment Indented Sealed with the Seal of the said Richard Bridges and bearing date the 23 th'. day of January in the year of the Reign of the Lord Henry late King of England the 8 th'. the 32 th'. to the Jurors aforesaid, in evidence showed, more fully appeared, and that by virtue of the said Feoffment, the aforesaid John Winchcomb and John Knight were seized of the aforesaid Message and 26 Acres of Lands in which, etc. amongst other, in their demesn as of Fee upon the condition aforesaid: And farther the Jurors aforesaid say upon their Oath, That the said John Winchcomb and John Knight being so thereof seized, long before the aforesaid time in which, etc. and within the said one Month next ensuing, after the date of the said writing of Feoffment Indented at Walcot aforesaid, in performance of the condition aforesaid, and at the request of the said Richard Bridges, by their certain writing Indented of Feoffment delivered, enfeoffed and delivered, and by the said their writing Indented they did confirm to the aforesaid Richard Bridges and Johanna his Wife, the aforesaid Message and 26 Acres of Land in which, etc. amongst other things, to have and to hold the aforesaid Message, and 26 Acres of Land in which, etc. amongst other, to the aforesaid Richard Bridges, and Johanna his Wife, and the heirs of the bodies of them, the said Richard and Johanna betwixt them Lawfully begotten, and for default of such issue the remainder thereof to the right heirs of the said Richard Bridges for ever, of the chief Lords of the Fee by the services thereof due, and of right accustomed as by the said writing of Feoffment Indented with the Seals of the said John Winchcomb and John Knight Sealed, and bearing date the 6th. day of February in the year of the Reign of the aforesaid late King Henry the 8 th'. the 32 th'. aforesaid, and to the Jurors aforesaid in Evidence showed, it more fully appeareth: And that by virtue of the said Feoffment, the aforesaid Richard Bridges and Johanna were seized of the aforesaid Message and 26 Acres of Land in which, etc. amongst other in their demesn as of Fee tail, that is to say, to the said Richard and Johanna and the heirs of their bodies between them Lawfully begotten, the remainder thereof to the right heirs of the said Richard as above is said: And the said Richard and the said Johanna so thereof being, had issue of their bodies between them Lawfully begotten, one Anthony Bridges his Son yet living and in full life being, that is to say, at West Shefford in the County of Berks: and that afterwards, and before the time in which, etc. the aforesaid Richard Bridges and Johanna of the aforesaid Message and 26 Acres of Land in which, etc. amongst other, in form aforesaid being seized, the said Richard before the aforesaid time in which, etc. at Lugarshall in the said County of Wilts. of such his estate died thereof seized: and the aforesaid Johanna him over-lived, and held herself in the aforesaid Message and 26 Acres of Land in which, etc. amongst other, and was thereof sole seized in her demesn as of Fee tail in form aforesaid, the remainder thereof over as before is said: and farther the Jurors aforesaid say upon their Oath, that the said Johanna being thereof so seized, The aforesaid Anthony Bridges the 4 day of December in the year of the Reign of the said Lady the Queen that now is the 32 th'. at Walcot aforesaid, by his Indenture made between the aforesaid Anthony Bridges Son of the aforesaid Richard and Johanna, and Barbara then wife of the said Anthony, and one Edward Langford Gentleman, by the name of Anthony Bridges of West-Shefford, otherwise great Shefford in the County of Berks. Esquire, and Barbara his wife, and Edward Langford of Lincoln's Inn, Gentleman, of the one part, and one George Brown Knight, by the name of George Brown Esquire, second Son of the right Honourable Anthony, Viscount, of the most noble order of the Garter Knight, of the other part, which other part with the Seals of the said Anthony Bridges, Barbara, and Edward Langford Sealed, bearing date the same day and year to the Jurors aforesaid in evidence showed, it was Covenanted, granted, condescended unto, concluded and fully agreed by and between the said parties to the said Indenture in manner and form following; That is to say, that the said Anthony Bridges Son of the said Richard Bridges, and Johanna, and Edward Langford, covenanted and granted for them their heirs and assigns, to and with the aforesaid George Brown his Heirs and assigns, by the same Indenture, that they the said Anthony Bridges Son of the aforesaid Richard Bridges, and Johanna and Barbara together with the aforesaid Edward Langford before Easter Term than next following, would levy, and acknowledge before the Justices of the said Lady the Queen of the Bench at Westminster, one Fine or divers Fines with the proclamations according to the course of Fines in the said Court used to the aforesaid George Brown of all that Manor of Kintbury with all and singular the Rights members and appurtenances in the aforesaid County of Berks. And of all Messages, Lands, and Tenements, Rents, Services, Advowsons', Patronages, Liberties, Privileges, Profits, and Hereditaments, with all and singular their appurtenances to the said Manor belonging or appertaining, and also of the aforesaid whole Tenements within specified, by the name of Lands, Tenements and Hereditaments with the appurtenances called or known by the name of Walcot, lying in Swindon within written whereof the aforesaid Message and 26 Acres of Lands than were and yet are parcel: As also of all messages, Cottages, Lands, Tenements, Rents, Services, and Hereditaments whatsoever to the same belonging, occupied, reputed, demised or taken as part or parcel thereof, by the name of 40 Messages, 20 Tofts, 1 Dove-house, 30 Gardens, 20 Orchards, 1000 Acres of Land, 300 Acres of Meadow, 1000 Acres of Pasture, 100 Acres of Wood, 500 Acres of Furz and Heath, and 40 shillings of free Rent, with the appurtenances in Kintbury, Holt, Hungerford, Walcot, and Swindon, in the Counties of Berks. and Wilts. or by whatsoever number of Acres either sole or together with any other Manors, Lands, Tenements, and Hereditaments: and that the aforesaid Fine, or the aforesaid Fines concerning the premises in the said indenture before mentioned, and the execution of the Fine or Fines should be, and be to the use of the said George Brown and his heirs and assigns for ever, & to no other use intent or purpose: And the said Jurors farther say, That in performance and accomplishment of a Covenant and agreement in the said Indenture, between the said Anthony Bridges the Son of the said Richard and Johanna, Barbara, and Edward Langford, and the said George Brown in form aforesaid mentioned, afterwards, and before the aforesaid ●aster Term, That is to say, in the Term of Saint Hillary in the year of the Reign of the said Lady the Queen that now is the 32 th'. aforesaid, a certain Fine was Levied in the Court of the said Lady the Queen at Westminster in the county of Middlesex, before Edmund Anderson, Francis Windham, William Periam, and Thomas Walmesly, than Justices of the said Lady the Queen, and other the Lady the Queen's faithful people then there present, between the aforesaid George Brown plaintiff, and the aforesaid Anthony Bridges Son of the said Richard and Johanna, and Barbara his Wife, and Edward Langford Gentleman deforceant, of the whole Tenements in the said Indenture specified, whereof the said Message and 26 Acres of Lands are, and at the time of the levying of the said Fine, were parcel amongst other by the names of the Manors of Kintbury, and Fally, otherwise great Fally, with the appurtenances, and 60 Messages, 20 Tofts, 3 Dovehouses, 40 Gardens, 50 Orchards, 4000 Acres of Lands, 300 Acres of Meadow, 4000 Acres of Pasture, 300 Acres of Wood, 1000 Acres of Furz and Heath, and 6 pound 13 shillings 4 pence of Rent with the appurtenances in Kintbury, Holt, Fally, otherwise great Fally, Hungerford, and West Shefford, otherwise great Shefford: as also of the Rectory of great Fally, with the appurtenances, and Free Warren and liberty of a Park in West Shefford, otherwise great Shefford, and also of the Free Fishings Kennet in the County of Berkss, And of the Manor of Baddesden, with the appurtenances, and 20 Messages, 10 Tofts, 12 Gardens, 8 Orchards, 1000 Acres of Land, 100 Acres of Meadow, 1000 Acres of pasture, 200 Acres of Wood, 500 Acres of Furz and Heath, and 40 shillings Rend with the appurtenances in Baddesden, Lugershall, Walcot, and Swindon in the County of Wilts, whereupon a plea of Covenant was summoned between them in the said Court, that is to say. That the said Anthony, Barbara, and Edward, acknowledge the said Manors, Tenements, Hereditaments, rectory, Warren, liberty and Fishing, with the appurtenances in the said Fine contained to be the right of the said George, as those which the said George had of the gift of the said Anthony, and the same remised and quit claimed, from the said Anthony, Barbara, and Edward, and their heirs, to the aforesaid George and his heirs for ever. And besides the said Anthony, and Barbara, granted for them and the heirs of the said Anthony, that they warrant to the aforesaid George his Heirs and Assigns the aforesaid Manors, Tenement●, Rents, rectory, Warren, and Liberties, and Fishing, with the appurtenances, in the same Fine contained, against the said Edward and his heirs for ever, and for this Recognition, release, quit claim, warranty, Fine and Concord, the said George granted to the aforesaid Edward a certain yearly Rent of 100 pound, to be going out of & in the aforesaid Manors, Tenements, Rents, rectory, Warren, Liberties and Fishing, with the appurtenances in the same contained, and the same to him did render in the same Court, to have and to hold and perceive the said yearly Rend of 100 pound to the said Edward the whole life of the said Johanna, by the name of the Lady Johanna Bridges, Mother of the said Anthony, at the Feast of the Annunciation of the blessed Mary the Virgin, the Nativity of Saint John the Baptist, Saint Michael the Archangel, and the birth of our Lord, by equal portions yearly to be paid the whole life of the said Johanna, the first payment whereof to begin at the Feast of the Feasts aforesaid, which next after the decease of the said Anthony should happen to be; And if it should happen the said yearly Rend of 100 pound or any part thereof to be behind in part or in all after any of the aforesaid Feasts in which (as before is said) it ought to be paid, not paid by the space of 30 days, That then and so often the said George and his heirs forfeit to the said Edward 4 pound and 15 shillings, Nomine paenae, as often as the said yearly Rend of 100 pound or any parcel thereof so to be behind should happen, and that then and so often it should be well lawful to the said Ed. all the life time of the said Johanna, into the aforesaid Manors, Tenements, Rents, rectory, Warren, Liberty, and Fishing, with the appurtenances in the said Fine contained, and every part and parcel thereof to enter and distreyn, and the distressess so here taken and had, Lawfully to lead carry away and drive, and the same to keep, until as well of the aforesaid yearly Rent of 100 pound with the area●ages thereof, if any should be, as of the aforesaid 4 pound 15 shillings, Nomine Paenae, as before is said, he should be fully satisfied and paid. Also the aforesaid George granted to the aforesaid Anthony and Barbara the aforesaid Manors of Baddesden and Fally, otherwise great Fally with the appurtenances, and 20 Messages, 10 Tofts, 10 Gardens, 6 Orchards, 1000 Acres of Land, 100 Acres of Meadow, 1000 Acres of Pasture, 100 Acres of Wood, 500 Acres of Furz and Heath, and 50 shilling Rent, with the appurtenances in Baddesden, Lugershall, Fally, otherwise great Fally, and West Shefford, and the rectory of great Fally, with the appurtenance, and Free Warren, and Liberty of a Park in West Shefford, otherwise great Shefford aforesaid, parcel of the Manors, Tenements and Rents aforesaid, with the appurtenances, in the said Fine contained, and then did render in the same Court, To have and to hold, to the said Anthony, and Barbara, of the chief Lords of the Fee by the services which to those Manors, Tenements, Rents, Rectories, Warren, and Liberty of Park do belong, the whole life of the said Anthony and Barbara, and to the longest liver of them, without impeachment of any waste, the whole life of the said Anthony: And after the decease of the said Anthony and Barbara, the same Manor, Tenements, Rents, Rectories, Warren, and Liberties of Park with the appurtenances, wholly to return to the said George and his heirs, To be holden of the Lords of the Fee, by the services which to those Manors, Tenements, Rents, Rectory, Warren and liberty of Park, belonging for ever: And the aforesaid Jurors further say upon their Oath aforesaid, that the said Johanna in the said Message and 26 Acres of Land amongst other with the appurtenances, in form aforesaid being seized, the said Johanna afterwards, and before the within written time in which, etc. the 7th. day of October, in the year of the Reign of the said Lady the Queen that now is, the 32 th'. at Swindon aforesaid, by her certain Indenture of demise, between the same Johanna by the name of Jane Harcourt of Lugershall, in the County of Wilts. Widow, of the one party, and Edward Bridges Esquire, William Bridges, and Anthony Bridges Sons of the said Edmond, and their assigns, of the other party made, which Indenture is dated the 21 th'. day of August in the year of the Reign of the said Lady the Queen that now is the 32 th'. aforesaid, aswell for and in Consideration of the surrender of one Indenture of Demise before then granted, of all and singular the premises in the said Indenture, to the aforesaid Johanna then after demised or to be demised of 19 years and more than to come and not expired, which the aforesaid Edmond before that time had and enjoyed, As of a former Indenture of demise, at or before the sealing and delivery of the said Indenture now in Evidence showed, the aforesaid Edward Bridges had surrendered and delivered unto the hands and possession of the said Johanna, as for divers other good causes and considerations the same Johanna specially moving, Demised, granted and to Farm let, to the said Edmond Bridges, William Bridges, and Anthony Bridges, Sons of the said Edmond, the aforesaid Message and 26 Acres of Land with the appurtenances amongst other things, to have and to hold the aforesaid Message and 26 Acres of Land amongst other to the aforesaid Edmond, William, and Anthony Bridges the aforesaid 2 Sons of the said Edmond Bridges, for the Term of their natural lives, and for the Term of the life of the longest liver, and every of them successively to be enjoyed, Yielding and paying therefore yearly, during the said Term, to the aforesaid Johanna, under & by the name of Jane Harcourt her heirs & assigns 4 pound and 2 pence of good and Lawful money of England at two usual Feasts or Terms of the year, that is to say, at the Feast of the Annunciation of the blessed Mary the Virgin 40 shillings and 1 penny, and at the Feast of Saint Michael the Archangel the like sum of 40 shillings and 1 penny, residue of the aforesaid 4 pound & 2 pence, as by the said indenture of Demise to the said Jurors in Evidence showed, more fully appeared, by virtue of which demise, the said Edmond Bridges, William Bridges, and Anthony Bridges, Sons of the said Edmond, were seized of the aforesaid Message and 26 Acres of Land within written, as the Law requireth: And farther the said Jurors say upon their Oath, that the aforesaid Message, 26 Acres within written, and the rest of the Tenements in the said Indenture of Demise by the said Johanna under and by the name of Jane Harecourt to the said Edmond, William, and Anthony, Sons of the said Edmond, in form aforesaid demised, were not usually demised for the greater part of 20 years next before the same demise (as before is said) made for so little rend as by the aforesaid Indenture thereof now in evidence showed, in form aforesaid was reserved: And the aforesaid Jurors farther say upon their Oath, that the aforesaid Johanna afterwards, and before the time in which, etc. that is to say, the 29th. day of September in the year of the Reign of the said Lady the Queen that now is the 35 th'. at Lugershall aforesaid died: After whose death the said George Brown into the Tenements within written with the appurtenances in which, etc. upon the possession of the said Edmond Bridges, William and Anthony Bridges, Sons of the said Edmond, thereof entered, and was thereof seized, as the Law requireth: and so being thereof seized, afterwards and before the aforesaid time in which, etc. that is to say, the within written 22 th'. day of October in the 35 year aforesaid, Demised to the said James the said whole Tenements within written with the appurenances in which, etc. To have and to hold to the said James and his assigns from the within written Feast of Saint Michael the Archangel, until the end and Term within mentioned of 4 years from thence next ensuing and fully to be completed; by virtue of which demise, the said James into the said Tenements within written with the appurtenances entered, and was thereof possessed as the Law requireth, upon whose possession of the said James, the aforesaid Thomas Spencer, as servant of the said Edmond Bridges, and by his Commandment within written the time in which, etc. into the said Message and 26 Acres of Land entered, and the said James from his Farm aforesaid thereof did eject: But whether upon the whole matter aforesaid by the aforesaid Jurors in form aforesaid found, the entry of the said Thomas Spencer into the aforesaid Message and 26 Acres of Land with the appurtenances upon the possession of the said James thereof be a good and Lawful Entry in Law or not, the said Jurors are altogether Ignorant, and Pray thereof the advice and discretion of the Justices here, etc. And if upon the whole aforesaid matter, It shall seem to the Justices, and Court here, that the v Entry of the aforesaid Thomas Spencer upon the possession of the said james Linche be not a good and Lawful entry in Law, than the said Jurors say upon their Oath, that the said Thomas Spencer is guilty of the Trespass and Ejectment aforesaid, in the aforesaid Message and 26 Acres of Land, as the aforesaid james against him within complaineth, and then they assess the damages of the said james, by the occasion of the said Trespass and Ejectment, above his charges and costs by him about his suit in his behalf expended to 4 pence, and for his charges and costs to 12 pence: and if upon the whole matter aforesaid, It shall seem to the Justices and Court here, that the aforesaid entry of the said Thomas Spencer upon the possession of the said james be a good and Lawful entry in Law, than the said Jurors say upon their Oath, that the said Thomas Spencer is not guilty of the Trespass and Ejectment aforesaid, in the said Message within alleged: And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof, day is given to the parties aforesaid here, until in 8 days of Saint Hillary to hear their Judgement thereof, because that the said Justices here thereof are not yet &c. at which day come as well the aforesaid james as the aforesaid William and Thomas by their Attorney's aforesaid, and because the Justices here will further advise themselves of and upon the premises, before they give their Judgement thereof, day farther is given to the parties aforesaid here, until from Easter in 15 days for to hear their Judgement thereof, because the said Justices here are not thereof yet, etc. At which day here come aswell the said james by George Dancombe his Attorney, as the said William and Thomas by their Attorney aforesaid, and because the Justices here will farther avise of and upon the premises, before they give their Judgement thereof, further day is given to the parties aforesaid here, until the morrow of Holy Trinity to hear their Judgement thereof, because the said Justices here thereof not yet, etc. At which day here come aswel the aforesaid james by the aforesaid George Dancombe his Attorney, as the said Willam and Thomas by their Attorney aforesaid: and because the Justices here will avise of and upon the premises before they give their Judgement thereof, further day is given to the parties here, until in 8 days of St. Michael, to hear their Judgement thereof, because the said Justices here thereof are not yet: At which day here come aswell the said james Linch by the aforesaid George Dancombe his Attorney, as the aforesaid William Spencer and Thomas Spencer by their Attorney: And upon this the verdict aforesaid being seen, and by the Justices here fully understood, it seemeth to the Justices here, that the aforesaid entry of the aforesaid Thomas Spencer into the aforesaid Message and 26 Acres of Land upon the possession of the said james Linch, is not a good and Lawful entry in Law, Therefore It is granted, that the aforesaid john Linch recover against the aforesaid Thomas Spencer his Term aforesaid yet to come of and in the aforesaid Message and 26 Acres of Land with the appurtenances, and his damages aforesaid to 16 pence, by the Jurors aforesaid, in form aforesaid assessed, As also 26 pound 9 shillings to the said james at his request, for his charges and costs aforesaid by the Court here of increase adjudged, which damages in the whole do amount to 26 pound 10 shillings and 4 pence, and the aforesaid Thomas be taken, etc. And also the said james in mercy for his false clamour against the aforesaid William Spencer of the whole Trespass and Ejectment aforesaid, and against the aforesaid Thomas Spencer of the residue of the Trespass and Ejectment aforesaid, thereof the said William and Thomas and the Jurors aforesaid above be acquitted, therefore the said William and Thomas go thereof without day, etc. and hereupon the said james prayeth the writ of the Lady the Queen, to the Sheriff of the County aforesaid to be directed, to give him possession of his Term yet to come of and in the aforesaid Message and 26 Acres of Land with the appurtenances, and it is granted unto him retorneable here from the day of Saint Martin in 15 days, etc. Afterwards, that is to say, the 26 th'. day of November in the year of the Reign of the said Lady the Queen that now is the 40 th'. come here into Court the aforesaid james by the aforesaid George his Attorney, and by a special warrant to him in that behalf made, confessed himself to be satisfied of the damages aforesaid, therefore the aforesaid Thomas of the said damages be acquitted, etc.   

Ejectione Firm.  
Hillary Term 40. Elizabeth, Rott. 748. in the KING'S BENCH, adam's and Lambert's Case, C. 4. part. fo. 96. 
Buck,   
MEmorandum, That at another time, That is to say in Michaelmass Term last passed, before the Lady the Queen at Westminster, came Theophilus Adam's Gentleman by john Povey his Attorney, and brought here in the Court of the said Lady the Queen then there his bill against john Lambert in the custody of the Marshal, etc. of a plea of Trespass and Ejectment of him out of his Farm, and are pledges of suit, john Do: and Richard Roose: which Bill followeth in these words, ss. Buck, Theophilus Adam's Gentleman complaineth of john Lambert in the custody of the Marshal of the marshalsea of the Lady the Queen, before the Queen herself being, for that, that is to say, That whereas one Robert Snelling Gentlem●n, and Thomas Butler Gentleman, the 23th day of May in the year of the Reign of the Lady the Queen Elizabeth that now is, of England the 36. at the Town of Buckingham in the County aforesaid, had demised, and to Farm Let to the said Theophilus, 1 Message and 10 Acres of Land to the said Message near lying, called the Conigree, situate, lying and being in the Town of Buckingham aforesaid in the County aforesaid, To have to the said Theophilus and his assigns, from the aforesaid 23 day of May in the 36 year aforesaid, until the end and Term of 10 years from thence next following and fully to be complete and ended, by virtue of which demise the same Theophilus afterwards, that is to say the 16 day of April in the year of the Reign of the said Lady the Queen that now is the 39, into the aforesaid Tenements with the appurtenances entered, and was thereof possessed until the aforesaid john Lambert afterward, that is to say, the same 16 day of April in the 39 year aforesaid with force and Arms, etc. into the Tenements aforesaid with the appurtenances upon the possession of the said Theophilus thereof entered, and him the said Theophilus from his Farm thereof, his Term aforesaid not yet ended, ejected expelled and amoved, and from his possession thereof held out, and yet holdeth out, and other harms to him did against the peace of the said Lady the Queen that now is, to the damage of the said Theophilus of 20 pound, and thereof he bringeth suit, etc. and now at this day, that is to say, Monday next after 8 days of Saint Michael, this Term, until which day the aforesaid john Lambert had licence to imparl to the Bill aforesaid and then to answer, etc. before the Lady the Queen at Westminster came aswel the aforesaid Theophilus adam's, by his Attorney aforesaid, as the said john Lambert by john Harborn his Attorney, and the said john Lambert defendeth the force and Injury when, etc. and saith, that he is not there of guilty, and of this putteth himself upon the Country, and the said Theophilus likewise, etc. and therefore a Jury thereof was to be before the Queen at Westminster upon Monday next after the morrow of the Purification of the blessed Lady Mary by whom, etc. and who neither, etc. Because aswel, etc. Day is given to the parties aforesaid thence, etc. of which day the Jurors aforesaid, between the parties aforesaid, of the plea aforesaid were put in respite before the Lady the Queen at Westminster until Monday next after the Month of Easter in the year of the said Lady the Queen that now is the 41 th'. for default of Jurors, etc. At which day before the said Lady the Queen at Westminster aforesaid, come the parties aforesaid by their Attorneys aforesaid: And the Jurors of the same Jury being called come likewise, who to say the truth of the premises chosen, tried, and sworn, say upon their Oath, that long before the time of the Trespass and Ejectment aforesaid, that is to say, the 5 day of the month of June in the year of our Lord 1431 and in the year of the Reign of King Henry the 6 after the conquest the 9, one john Barton the Elder was seized of the aforesaid Message and of 6 Acres of Pasture parcel of the aforesaid 10 Acres of Pasture in the Declaration aforesaid specified, in which it is supposed the Trespass and Ejectment aforesaid to be done, amongst other, in his demesn as of Fee, and so thereof, of the Message aforesaid and of the said 6 Acres of Pasture with the appurtenances parcel, etc. seized, etc. Enfeoffed William Brampton, to have and to hold to him and his heirs to the behoof and use of the aforesaid john Barton the Elder and his heirs: By virtue whereof, the aforesaid William Brampton was seized of the Message and 6 Acres of Land parcel, etc. with the appurtenances, in his demesn as of Fee, to the use of the aforesaid john Barton and his heirs, and the aforesaid William Brampton so thereof being seized, the aforesaid john Barton afterwards, that is to say, the aforesaid 5 day of the Month of June in the year of our Lord 1431 in the said year of the Reign of the said late King Henry the 6. the 9 aforesaid, at Buckingham aforesaid made his Testament and last will within written of the aforesaid Message and 6 Acres of pasture parcel, etc. amongst other things in these words, etc. In the name of God Amen. ss. The 5 day of the Month of June 1431 of the late Reign of King Henry the 6 after the Conquest of England the 9, I john Barton the Elder, being of perfect mind and good memory, do make and ordain my present Testament Indented containing my last will, in this manner: Imprimis, I give and recommend my soul to God and my omnipotent Creator and Saviour, and to the blessed Mary the Virgin his Mother, and to all the Saints, and my body to be buried in the Church of the blessed Peter the Apostle of Buckingham, that is to say, in the Church of Saint Romwold, in the same place, wherein a Marble stone for my burying I have ordained and appointed, and for this my burial there to be had I give to the building of the body of the said Church 40 shillings, also I will, and Ordain that speedily after my death there be celebrated for my soul 4000 Masses, for the celebrating of which I give 16 pound 13 shillings 4 pence, and for his pains who about this shall imply himself, that fully faithfully and speedily it be performed, 6 shillings 8 pence. Item I give to the religious men under written, that they as soon as by my Executors or their deputies they be acquainted of my death, so speedily as conveniently it may be done, every order of them say a Placebo and Dirige by note, and the day following the Mass of Requiem with note for my soul, the souls of my Father and Mother, my friends and Benefactors, and for the souls of all the faithful departed, that is to say, to the Master and Brethren of the house and Church of Saint Thomas the Martyr of Canterbury, called of Acons' London, 40 shillings, to the Master and Brethren of the Hospital of Saint Bartholemew in west Smithfield London, 40 shillings, to the Abbot and Covent of Bethesden in the County Buckingham, 100 shillings, to the Prior and Covent of Luffeild, 40 shillings, to the Prior and Covent of Cheitwood, 40 shillings, to the Prior and Covent of Snelsale, 20 shillings, to every order of the 4 orders of Friar's Mendicants in the Town of Northampton, 20 shilling, to every order of ●he 4 orders of Friar's Medicants in the Town of Oxford, 20 shillings, to the Covent and Friar's Minors of Aplebury, 20 shillings, to every order of the 5 orders of Friars in the City of London, 20 shillings; Also I bequeath to the Brother of john Vpton 100 shillings, that he for my Soul celebrate for one whole year next after my death; and I will that all the religious men aforesaid by my Executors or their Deputies be charged that they especially pray for my soul. Item I give and bequeath to john Barton the younger my Brother, all my Tenements, together with all the Tenements which late were Roger Plirets, which I purchased with the Rents and Services, together with the Reversion and all their appurtenances in the Town of Buckingham in the County of Buckingham, to have and to hold all the Tenements aforesaid, with their appurtenances, to the aforesaid john my Brother, for the Term of his life, upon the Conditions following, that is to say, that the said john my Brother during his life, find one fit Chaplein and honest to celebrate for my Soul and the Souls of my Father, Mother, Brothers, Sisters, Benefactors, and my friends, and of all the faithful deceased, at the Altar of Saint James in the aforesaid Church of the blessed Peter, daily; and I will and ordain, that the aforesaid Chaplein all Festival days be present at Matines and Vespers, in the choir of the Church aforesaid; and I will that the said Chaplein every day within the Church aforesaid, the Matins of Saint Mary, and after the Matines of the day with certain hours Canonical, and these to be ended every day, the said chaplain before he goeth to Mass, read a part of the Psalter of David, so always that from the said Chaplein every week be said one whole Psalter of David, and afterwards daily when he is not troubled with sickness, that he go to Mass, which Mass ended, before he go from the Altar, he read the Psalm de profundis, with the prayer festina, and daily after dinner, as it shall seem best to him that the said Chaplein say in the said Church of the blessed Peter, a Placebo and Dirige with 9 Readins time of Easter excepted, which time of Easter he say Officium mortuorum with 3 Readins according to the use of Salisbury, and following every day of the same time of Easter the Psalter of the blessed Mary the Virgin, and that afterwards follow the commendations of Souls, with the prayer, Tibi Domine commendamus, after that he say vesperas de die, and afore the vespers of Saint Mary, and that the said Chaplein if not hindered with sickness, every day that he shall in the default of saying Mass in the said Church of Saint Peter, that he give to one of the poor of the Town of Buckingham aforesaid, 1. penny. I will also that the said Chaplein make his abode always there, yet that the said Chaplein every year have recreation by the space of 15 days, so always as the said Chaplein supply his turns by another chaplain, or every day of the said 15 days, do give to one of the poor of Town of Buckingham a penny; And I will that the aforesaid John my Brother yearly during his life, pay to the said chaplain in the aforesaid Church of Saint Peter for his maintenance and his pains, as before is said done and to be done, 10 Marks of Lawful money of England out of the issues and profits of the Tenements aforesaid; so always, that the said Chaplein of the said sum of 10 Marks for his salary or stipend, reputed himself contented, from no other any stipend to be received or taken: And I the said John Barton the Elder, will and ordain in the Testament aforesaid, that the said Chaplein and his successors to the office and service aforesaid, be chosen, ordained, preferred, admitted and received, by the Master and Brethren of the house or Church of Saint Thomas the Martyr of Canterbury, called of Acon London, aforesaid, and his successors for ever, and if they do not behave themselves well and honestly, or if they shall neglect or refuse to do or perform the charges aforesaid, by the said Masters and Brethren and their successors, or by their sufficient deputies, from the said office or service they be removed and expelled, and another fit chaplain in the place of the said chaplain for his faults removed, expelled, or by death failing, or otherwise howsoever from the said office or service ceasing or departing, by the aforesaid Masters and Brethren of the house or Church of Saint Thomas aforesaid and his successors be chosen, ordained, preferred, admitted and received, so as the Lord Bishop of Lincoln, who for time shall be, or the Archdeacon of the place, or the Prebendary of the Prebend of Buckingham, or other in their name, upon the Election, Ordination, Preferring, Admission, and remotion or amoving of the said chaplain, no jurisdiction or power have or claim hereafter in any manner; therefore let the said Master and Brethren and their successors take care upon the peril of their souls, and as they will answer the same before the most high Judge, that neither for Favour, Love, Prayer or Price they ordain any chaplain into the aforesaid office or service, admit or receive, but an honest and an approved person as much as his conversation can appear to them, and that the aforesaid chaplain to the said office and service to be admitted, in his first admission the aforesaid Master and Brethren of the house and Church of Saint Thomas aforesaid and their successors take his corporal Oath upon the holy Gospel, all and singular the charges aforesaid without fraud or deceit, or any dispensation upon them to the contrary notwithstanding, in the manner and form aforesaid above declared, will and faithfully to be done and performed, as much as humane frailty will admit. and that every chaplain to the said office or service to be admitted, in his first admission find and make to the Masters and Brethren of the house and Church of Saint Thomas the Martyr of Canterbury said of Acon London aforesaid, for the time being, sufficient security for the Ornaments of the said Alt●r of Saint James belonging safely and securely to keep, and in their resigning and ceasing to render back and deliver: And moreover that the said John my Brother during his life find in the Town aforesaid 6 poor men or women, to pray for my soul and the souls aforesaid every day forever, and that he give every week during h●s life to every one of the same poor 4 pence, and also to every one of ●hem their dwelling (as by the will of God) for them I have appointed and ordained, and also that the said John my Brother all his life find one Lamp burning every day and night, before Saint Romwald in the Church of the blessed Peter aforesaid, as now is found and maintained; and that my said Brother during his life, hold or cause to be held my Anniversary and of my Father and Mother yearly in the day of the Translation of Saint Benedict in the Church of the blessed Peter aforesaid, in which Anniversary the said John my Brother yearly two wax lights at the Dirige, and the day following at the Mass, one at the head, and the other at the feet of my Sepulchre burning, every wax light to contain 3 pounds, which Funerals of me being completed, I will that all that which shall be remaining of the said wax lights, be sent and remain to the Altar of Saint James aforesaid, upon the Candlestick there being, to the Chaplain of my Chancery aforesaid, to serve every festival day at Mass as long as it may last: and that the aforesaid John my Brother during his life find yearly one competent torch to serve at the Altar aforesaid: And I will that all the aforesaid Tenements, Rents and Services, with the reversions, and all their appurtenances, after the decease of the said John my Brother, whole remain to Margaret and Isabel my Sisters, for the term of their lives, and the life of the longer liver of them, To be holden of the Chief Lords of the Fee, by the Services thereof due and of right accustomed, upon condition that the said Margaret and Isabel during their lives, do perform and observe all and singular the charges before limited in form aforesaid, and after the death of the said Margaret and Isabel, I will all the aforesaid Tenements, Rents and Services, with the reversions, and all their appurtenances wholly to remain wholly to William Fowler, To be holden to him and his heirs of his body Lawfully to be begotten, of the chief Lords of the Fee, by the services thereof due and of right accustomed, upon condition, that he the said William and his heirs do perform and keep all and singular the charges above written in the form aforesaid for ever. And if it shall happen the said William Fowler to die without heir of his body Lawfully begotten, that from thence all the aforesaid Tenements, Rents and Services with the reversions, and all their appurtenances, whole remain to John Somerton my Cousin, and the heirs of his body Lawfuly begotten, to be holden of the chief Lords of the Fee, by the services thereof due and of right accustomed, upon condition that he the said John Somerton and his heirs all and singular the charges above written in form aforesaid fulfil and keep for ever, and if it shall happen him the said John Somerton to die without heir of his body issuing, That from thence all the aforesaid Tenements, Rents and Services with the reversions and all their appurtenances, whole remain to William Purfrey my Cousin, and the heirs of his body Lawfully begotten, to be holden of the Lords of the Fee, by the services thereof due and of right accustomed, upon condition, that the same William Purfrey and his heirs aforesaid do perform and observe all and singular the charges above written in form aforesaid for ever; And if it shall happen the said William Purfrey to die without heir of his body issuing, from hence I do give and bequeath that all the aforesaid Rents and Services with the reversions, and all their appurtenances, whole remain to the Master of the house of Saint Thomas the martyr of Acon London aforesaid, to have and to hold to him and his successors, Masters of the same house of Saint Thomas to the end and Term of 40 years from thence next following, and fully to be ended: and after the said Term to be ended, that all the Tenements aforesaid, Rents and Services, with the reversions, and all their appurtenances remain to the Master of the Hospital of Saint Bartholomew in West Smithfield London aforesaid, to have and to hold to the same Master and his successors, Masters of the said Hospital of Saint bartholomew's to the term and end of 40 years from thence next ensuing and fully to be completed, to every of them upon the condition following, that is to say, that every of the said Masters and their successors, during their Terms, do and perform all and singular the charges above limited in form aforesaid: And if it shall happen the said John my Brother during his life in fullfilling the charges aforesaid to make default, or not to perform the same, or all the aforesaid Tenements during his life not sufficiently to repair & sustain, or the same or any parcel thereof to alien or to let the same at a lower rate in prejudice to the other persons in remainder aforesaid named, that then it shall be Lawful to the said Margaret and Isabel into the aforesaid Tenements, Rents and Services, with the reversions, and all their appurtenances to enter, and the same to hold as in their remainder aforesaid without the contradiction of any one, And that from thence the estate of the said John my Brother shall altogether cease, and be of no value; and if it shall happen the said Margaret and Isabel during their lives in doing and performing of all the charges aforesaid to make default, or the same not to fulfil, or all the Tenements aforesaid during their lives not sufficiently to sustain and repair or them to all en or demise as before is said, or be negligent to enter, if cause as aforesaid shall happen, that then it shall be Lawful to the aforesaid William Fowler and his heirs aforesaid, into all the abovesaid Tenements, Rents and Services, with the reversions, and all their appurtenances, to enter as in his remainder aforesaid, and the same to hold without any contradiction, and that then the estate of the said Margaret and Isabel as aforesaid, altogether to cease and be of no value: And if the aforesaid William Fowler or his heirs aforesaid, in doing and performing to make default, or not to fulfil, or all the aforesaid Tenements not sufficiently to be sustained or repaired, or to be aliened or demised as before is said, or be negligent to enter, if cause as before is said shall happen, that from thence it be well Lawful to the abovesaid John Somerton and his heirs abovesaid into all and singular the aforesaid Tenements, Rents and Services, with the reversions and all their appurtenances, to enter as in his remainder aforesaid, and the same to hold without any contradiction, and that from thence the estate of the aforesaid William Fowler and his heirs aforesaid, as is aforesaid, shall cease and be of no value: And if it happen the aforesaid John Somerton or his heirs aforesaid in doing and performing all and singular the charges aforesaid to make default, or the same not to fulfil, or all the aforesaid Tenements not sufficiently to uphold and repair, or to alien or demise the same as above is said, or that they be negligent to enter if cause as before is said shall happen, that from thence it shall be well Lawful to the aforesaid William Purfrey and his heirs aforesaid into all the Tenements aforesaid, Rents and Services, with the reversions, and all their appurtenances to enter as in his Remainder aforesaid, and the same to hold without any contradiction, and that from thence the estate of the said John Somerton and his Heirs aforesaid, in all the Tenements aforesaid altogether to cease, and be of no value. And if it happen the said William Purfrey, and his Heirs aforesaid, in fulfilling all and singular the charges aforesaid to make default, or the same not to repair, or all the aforesaid Tenements not sufficiently to uphold and repair, or the same to alien or demise, as above is said, or they be negligent to enter, if cause as before is said shall happen, That then the state of the said William Purfrey, and his Heirs altogether cease, and be of no value; And that from thence, It be lawful to the said Master of the House of the Holy Martyr of Acon London, and his Brethren, of the same House, and their Successors, into all the aforesaid Tenements, Rents and Services, with the Reversions, and all their appurtenances to enter, and in the Remainder of their Term aforesaid, To be holden in form aforesaid; And if it shall happen the said Master and Brethren of the House of St. Thomas aforesaid, or their Successors aforesaid, in doing and fulfilling all and singular the charges above specified to make default, or the same not to fulfil, Or all the Tenements aforesaid, as above is said, not sufficiently to uphold and repair, or they be negligent to enter, if cause shall happens as before is said, That from thence, It shall be lawful to the Master of the Hospital of St. Bartholomew aforesaid, and the Brethren of the said Hospital, and their Successors, into all the aforesaid Tenements, Rents and Services, with the Reversions and all their appurtenances, to enter as in the Remainder of their Term aforesaid, and that then the estate of the said Master of the House of St. Thomas aforesaid to cease: And if it happen the said Master and Brethren of the Hospital of St. Bartholomew aforesaid, in doing and fulfilling all and singular the charges above declared to make default, or the same not to perform, or all the Tenements aforesaid, not sufficiently to uphold or repair, That then it shall be lawful to my right Heirs, unto all the aforesaid Tenements, Rents, and Services, with the Reversions, and all and singular their appurtenances to enter, and the same to hold, without any contradiction whatsoever for ever, supporting all the charges aforesaid, as above is said, as they will for me and them before the most high Judge Answer. And because this my last Will was made and ordained for the good of the Souls of my Father and Mother, and of my own Soul, and the Souls of my Brothers and Sisters, Friends, and Benefactors; I pray and charge the said John my Brother, as for me and himself he will answer it, that all his life time he oversee the government of the Chantry aforesaid, land that the charges aforesaid in this my last Will and Testament declared, be inviolably fulfilled and kept; And that he give notice to all those who in manner aforesaid, shall have any estate in the said Tenements, Rents, and Services, with the Reversions and all their appurtenances, that they know the Tenor of this my last Will and Testament. And I will that my Feoffees of the Tenements with the appurtenances, which my poor men now dwell in, because the same is not dividable, that they make such estate after my death, to all those above named, as they have of my bequest of and in Tenements in Buckingham aforesaid, to the use of the said Poor their dwelling, upholding the Reparations of the said Tenement of the aforesaid Poor, as often as need shall require; And because I doubt lest the Tenements aforesaid be sufficient to uphold all the abovesaid charges, by reason of the great charge of repairing thereof, I will that my Feoffees presently after my death make such estate to all those above named, of all those my Lands and Tenements in the Towns of Barton, Moreton, Gravecase, with the Prebend of Lemburgh, Thornborough, Hillesden, Waterstratford, Shatdeston, and Foycale, in the County of Buckingham, And of all those Lands with the Appurtenances in the Fields of Buckingham, As also of my Lands and Tenements in Worton, in the County of Oxford, and of my one Tenement in the Town of Oxford, in which the Feoffees shall have as they have of my gift of and in the Tenements of Buckingham aforesaid, so as they may sufficiently uphold all the charges aforesaid, and receive, and take, what is reasonable for their labour and pains. Item, I will that my Executors, or one of them, according to their Assignment, upon the Good-fryday next after my death, cause him who shall preach at the Cross in the Churchyard of the Cathedral Church of St. Paul London, to the prayers there of the people recommend my Soul to the Congregation there assembled; For which recommendation (and that he pray for my Soul) I will that the Preacher have 40. pence. Item, I will that the Three Preachers, who in the Churchyard of the New Hospital of the blessed Lady without Bishop's gate London, in the 3. days in the Week of Easter, next after my death shall preach, recommend my Soul to the Prayers of the faithful People there assembled, and that every one of the said Three Preachers, for the same recommendation of my Soul, and that they pray for my Soul, have 40. pence. And I will, that my Executors during one whole year next after my decease, every Lordsday, cause the Preacher at the Cross in the Churchyard of the Cathedral Church of St. Paul aforesaid Preaching, specially recommend my Soul to the prayers of the people there assembled, for which Recommendation, every of the said Preachers have 4. pence. Item, I give to Mr. Robert Forset, my Chaplain, of London 10. pound, That the said Robert specially celebrate for my Soul, and pray for it for 8. years' next following my decease, taking yearly for his salary 100 shillings, if he so long live. And if he shall die within the said Term of 8. years, that then the said Robert make the residue which thereof shall remain, to be distributed unto pious uses for my Soul, and the Soul of the said Robert. Item, I give to Margaret my Sister, 100 shillings, and a silver Cup, with a cover belonging to it. Item, I give to Isabel my Sister, 100 shillings, and a silver Cup, with a cover belonging to it, that the said Margaret and Isabel pray for my Soul: And to this Testament, containing my last Will, well and truly, and faithfully to be performed, and inviolably to be fulfilled, I ordain and appoint my Executors, John Barton my Brother, and Alexander Sprot, Citizen and Cloth worker of London, and the said Robert Forset my Chaplain; Overseers of this my present Testament, I ordain and appoint John Wakering, Master of the Hospital of St. Bartholomew aforesaid: To which my Executors, and Overseer, above named, I give the rest of all and singular my Goods and Chattels which shall remain by me not distributed, disposed, nor bequeathed, in this last Will, faithfully, and speedily to be distributed for my Soul, Willing, That the said Executors, and Overseer, according to their discretions and Consciences, take of my goods what is reasonable for their pains: And that my present Testament and last Will before written, be as speedily, as conveniently it may be, by my Executors performed and executed, as in the fearful day of the last Judgement for me and them before the most High Judge, who is ignorant of nothing, they will answer; In witness whereof, to this my present Testament indented, containing my last Will, I have set my Seal: Dated the day & year aforesaid. And the Jurors aforesaid, further say, upon their Oath aforesaid, That the aforesaid William Bramptou, of the said Message, and 6. Acres of Pasture, parcel, etc. amongst other, etc. as is before said, so being seized, The said John Barton the Elder, afterwards at Buck, aforesaid died, After the death of the said John Barton the Elder, the aforesaid William Brampton was seized of the Message aforesaid, and 6. Acres of Lands aforesaid, parcel, etc. in his Demesn as of Fee, To the several uses and intents in the aforesaid last Will of the aforesaid John Barton the Testator above expressed: And that the said john Barton the younger, after the death of the said john Barton the Testator, into the aforesaid Message, and 6. Acres of Pasture with the Appurtenances, parcel, etc. entered, and the Rents and profits thereof yearly, after the death of the said john Barton the Testator, arising, for and during the life of him the said john the younger, took and had, and the same to the uses, intents, and appointments, in the said Testament and last Will thereof limited and appointed, during the life of the said john the younger, did convert, apply, and pay: And afterwards, and before the time in which, etc. The said john Barton the younger, at Buck aforesaid died: After whose death of the said john Barton the younger, the aforesaid William Brampton was seized of the aforesaid Message, and 6. Acres of Pasture aforesaid, parcel, etc. with the appurtenances, in his Demesn as of Fee, unto the uses and intents in the aforesaid last Will of the said john Barton the Testator before expressed to be performed; And that the said Margaret and Isabel, after the death of the said John Barton the younger, into the aforesaid Message and 6. Acres of Pasture, parcel, etc. with the appurtenances, entered, and the Rents and Profits thereof yearly, after the death of the said John Barton the younger, arising for and during the lives of the said Margaret and Isabel, and the longer, liver of them, took and had, and the same to the uses, intents, and appointments, in the said Testament and last Will of the aforesaid John Barton the Testator, declared, limited, and appointed, during the lives of the said Margaret and Isabel, applied, converted, and paid, and the longest liver of them did apply, convert, and pay; And afterwards and before the time in which. etc. The aforesaid Margaret and Isabel, at Buckingam aforesaid died. After the deaths of which Margaret and Isabel, The said William Brampton was seized in his Demesn as of Fee, of and in the aforesaid Message, and 6. Acres of Pasture aforesaid, parcel, etc. with the Appurtenances, to the uses and intents in the aforesaid last Will, of the aforesaid John Brampton the Elder the Testator, expressed to be fulfilled: And that the said William Fowler in the Testament aforesaid named, had issue of his body lawfully begotten, one Richard Fowler, and the said William Fowler after the deaths of the said Margaret and Isabel, into the aforesaid Message, and 6. Acres of Pasture, parcel, etc. with the appurtenances, entered and the Rents and Profits thereof yearly, after the deaths of the said Margaret and Isabel, arising, for and during the life of the said William Fowler took and had, and the same to the uses, intents, and appointments in the said Testament and last Will of the aforesaid John Barton the Elder the Testator expressed, during the life of the said William Fowler, applied, converted, and paid; And afterwards, the 6 th'. day of July, in the year of the Reign of King Henry the 6 th'. the 30 th'. The said William Fowler, at Buckingham aforesaid died, after whose death of the said William Fowler, the aforesaid William Brampton was seized of and in the said Message and 6. Acres of Pasture aforesaid, parcel, etc. with the appurtenances, in his Demesn as of Fee, to the uses & intents in the aforesaid last Will of the aforesaid John Barton the Elder before expressed, to be fulfilled: And that the said Richard Fowler had issue of his body lawfully begotten, one Edward Fowler, and the said Richard Fowler, after the death of the said William Fowler, into the aforesaid Message, and 6. Acres of Pasture, parcel, etc. with the appurtenances entered, and the Rents and profits thereof yearly after the death of the said William Fowler, arising, for and during the life of the said Richard Fowler took and had, and t●e same to the uses, intents, and appointments, in the said Testament and last Will of the said John Barton the Elder the Testator, during the life of the said Richard Fowler, applied, converted, and paid, that is to say, until the 3 d. day of November, in the year of King Edward the 4 th'. after the Conquest of England the 7 th'. which said 3d. day of November, the aforesaid Richard Fowler, at Buckingham aforesaid died: After the death of which Richard aforesaid, the aforesaid Wil Brampton was of the Message, and 6. Acres of Pasture aforesaid, parcel, etc. with the appurtenances seized in his Demesn as of Fee, to the uses and intents in the Testament aforesaid of the said John Barton the Testator, limited and declared, to be fulfilled; And that the said Edward Fowler, had issue of his body lawfully begotten, one Gabriel Fowler, and the said Edward after the death of the said Richard Fowler, into the aforesaid Message and 6. Acres of Lands, parcel, etc. with the appurtenances entered, and the Rents and Profits thereof yearly, after the death of the said Richard Fowler, arising, for and during the life of the said Edward took and had, and the same to the uses, intents, and appointments, in the said Testament and last Will declared and limited, Until the 4 th'. day of February, in the year of the Reign of King Henry the 8 th'. the 27 th'. applied, converted, and paid, which said 4 th'. day of February, by virtue of a certain Act of Parliament at Westminster in the County of Middlesex, for transferring of uses into possession, then held, made, the aforesaid Edward Fowler, was seized of and in the aforesaid Message, and 6. Acres of Pasture, parcel, etc. 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, applied, and converted; And that the aforesaid Edward, so thereof being seized, afterwards, that is to say, the 28 th'. day of May, in the year of the Reign of the late King Henry the 8th. the 32. at Buckingham aforesaid, of such his estate died thereof seized, After the death of which Edward Fowler, The said Message and 6. Acres of Pasture, parcel, etc. 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 Message, and 6. Acres of pasture, parcel, etc. with the appurtenances, entered, and was thereof seized 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, limited, 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, until 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 until the 24 th'. day of the same November than 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. immediately after the Feast of Easter next following, after the making of the said Act of Parliament, was seized of, and in the aforesaid Message, and the aforesaid 6. Acres of pasture, parcel, etc. 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 died of the said Message, and 6. Acres of pasture so seized, if the Law of England so requireth, without Heir of his body begotten: after whose death the Message aforesaid, and the aforesaid 6. Acres of pasture, parcel, etc. 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 seized of the Message aforesaid, and of the aforesaid 6. Acres of pasture, parcel, etc. (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, etc. died so hereof seized, if the Law of England in this case requireth, without heir of her body issuing, after whose death, the Message aforesaid, and the aforesaid 6. Acres of pasture, parcel, etc. 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 Message, and 6. Acres of pasture, parcel, etc. with the appurtenances (amongst other) seized 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 Message, and 6. Acres of pasture, with the appurtenances, parcel, etc. contin●ed, and was thereof seized 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 seized, continued the occupation aforesaid, if the Law of England requireth it, and afterwards, and before the time in which, etc. 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 died thereof seized, if the Law of England requireth, By colour of which, the Message aforesaid, and 6. Acres of pasture aforesaid, with the appurtenances, parcel, etc. 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, etc. into the Message, and 6. Acres of Lands aforesaid, with the appurtenances, parcel, etc. entered, and was thereof seized 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 Message, and 6. Acres of pasture aforesaid, with the appurtenances, parcel, etc. so being seized, if the Law of England this requireth, The said Richard after, and before the time in which, etc. 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 showed, 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 Message, and 6. Acres aforesaid, with the appurtenances, parcel, etc. 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 Message, and 6. Acres of pasture aforesaid, parcel, etc. entered, and were thereof seized in their demesn as of Fee, if the Law of Engl. this requireth; & so being thereof seized, if the Law of Engl. this requireth, The said Francis, and Ed. afterwards, & before the aforesaid time in which, etc. that is to say, the 18th day of June, in the year of the Reign of the said Lady the Queen that now is, the 33 th'. aforesaid, at Buck. aforesaid, if by the Law of England this they could do, enfeoffed the aforesaid John Lambert, of the aforesaid Message, and 6. Acres of pasture, parcel, etc. with the appurtenances, To have and to hold unto the said John Lambert, his Heirs, and Assigns for ever: By colour of which the said John Lambert, after and before the aforesaid time in which, etc. that is to say, the said 18 th'. day of June, in the year 33 th'. aforesaid, into the Message, and 6. Acres of pasture aforesaid, parcel, etc. with the appurtenances entered, and was, and yet is thereof seized in his demesn as of Fee, if the Law thereof requireth: And the Jurors aforesaid, further say upon their Oath aforesaid, That the aforesaid Lady the Queen that now is, (as before is said) seized in her demesn as of Fee in the right of her Crown of England, of and in the aforesaid Message, and 6. Acres of pasture, parcel, etc. if the Law of England this requireth, after, and before the time in which, etc. that is to say, the 27 th'. day of May, in the year of her Reign the 34th. The said Lady the Queen that now is, By her Letters Patents under the Great Seal of England sealed to the Jurors aforesaid in Evidence showed, whose date is at Westminster, the same day and year, in Consideration of the good, true, faithful, and acceptable Service to the said Lady the Queen that now is, before that time, by her well-beloved Cousin, Thomas Earl of Ormond, and Osory, done, as for divers other causes, and considerations, the aforesaid Lady the Queen that now is, then specially moving, as also at the humble Petition, etc. of the said Earl, of her special grace, certain knowledge, and mere motion, Gave and granted for her, her Heirs, and Successors, to her beloved Subjects, Edmond Downing, and Roger Rant Gent. the Message aforesaid, and the aforesaid 6. Acres of pasture, with the appurtenances, in which, etc. (amongst other) By the name of all that her late Chantry, called barton's Chantry, situate, and being in the Parish of St Peter, in the Town of Buckingham, and all Lands, Tenements, Rents, and Hereditaments whatsoever, with their appurtenances whatsoever, situate, lying, and being, in the said Town of Buck: in the aforesaid County of Buck to the said late Chantry, called barton's Chantry, belonging, or apperteining, or to the maintenance of a Chaplain, or Priest, and other uses superstitious in the Church of Saint Peter aforesaid, according to the Ordination of John Barton the Elder, before then given, bequeathed, lie limited, or appointed, To have, hold, and enjoy, to the said Edmond Downing, and Roger Raut, their Heirs, and Assigns, to the only, and proper behoof and use of the said Edmond, and Roger, their Heirs, and Assigns, for ever, Yielding, and paying to the said Lady the Queen that now is, her Heirs, and Successors, yearly for ever, 13. pound, and 12. pence, of lawful Money of England, to the hands of the Receiver general of the County aforesaid, for the time being, or at the Receipt of the Exchequer of the said Lady the Queen, her Heirs, and Successors, at the Feasts of Saint Michael the Archangel, and the Annunciation of the blessed Mary the Virgin, by equal portions every year to be paid, for all Rents, exactions, services, & demands whatsoever for the same, to the said Lady the Queen, and her Successors, any ways to be rendered, paid, or done: And the said Lady the Queen that now is, by her said Letters Patents, for her, her Heirs, and Successors, granted unto the said Edmond Downing, and Roger Rant, that the said her Letters Patents, or the Enrolment of them, should be of force, form, sufficient and effectual in the Law, against the said Lady the Queen that now is, her Heirs, and Successors, as well in all Courts, as elsewhere within her Realm of England, without any confirmations licences, or tolerations by the aforesaid Lady the Queen that now is, her Heirs, or Successors, in after by the said Edmond, and Roger, their Heirs, or Assigns, or by any of them, to be procured, or obtained, Notwithstanding the ill naming, or ill reciting, or non-reciting the aforesaid several Manors, Rectories, Messages, Lands, Tenements, and other, all and singular premises, or any parcel thereof; And no withstanding the not finding of Office, and Inquisition of the premises, or of any parcel thereof, by which the title of the said Lady the Queen that now is, aught to be found before the making of her Letters Patents aforesaid; and notwithstanding the not reciting, or ill reciting of any demise, or grant of the premises, or of any parcel thereof before then made, being of Record, or not of Record; And notwithstanding any defects of the certain composition, or Declaration, of the yearly value of the premises, or not Declaration of the yearly value of the premises, or any part thereof in the said Letters Patents expressed and contained; and notwithstanding other defects in not naming, or ill naming any Tenant, Farmor, or occupier of the Lands, Tenements, or Hereditaments aforesaid, or any part thereof, or not rightly naming any Town, Hamlet, Parish, or County in which the premises or any parcel thereof be, and also in not naming the premises or any parcel thereof in nature, kind or quality, by colour of which said Letters Patents, the aforesaid Edmond Downing and Roger Rant, were of the aforesaid Messages and 6 Acres of Land parcel, etc. with their appurtenances (amongst other) seized in their demesn as of Fee, if the Law this requireth, and so thereof being seized, if the Law of England this requireth, and the aforesaid John Lambert continuing his possessions thereof, and as before is said being seized, if the Law of England this requireth, the said Edmond Downing and Roger Rant, by their certain Indenture made the 28 day of July in the year of the said Lady the Queen that now is the 34 aforesaid, Between the aforesaid Edmond Downing and Roger Rant of the one part, and one Robert Snelling of East-Horsly in the County of Surrey Gentleman, and Thomas butler of Gray's Inn in the County of Middlesex Gentleman, of the other part, for a certain sum of good and lawful money of England to them before hand by the aforesaid Robert Snelling and Thomas Butler well and truly paid, gave, granted, sold, bargained and confirmed, to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns for ever, the Message aforesaid, and the aforesaid 6. Acres of Pasture, parcel, etc. with the appurtenances (amongst other) to have and to hold to the aforesaid Robert Snelling and Thomas Butler, their heirs and assigns ●or ever, as by the Indenture aforesaid, enrolled in the close roll of the Chancery of the said Lady the Queen that now is, the 10. day of December, in the year of the Reign of the said Lady the Queen that now is the 35, to the Jurors aforesaid in evidence showed, amongst other things it more fully appeareth: By colour of which said Indenture and the inrolment thereof the aforesaid Robert Snelling and Thomas Butler, were of the aforesaid Message and of the aforesaid 6 Acres of Pasture, parcel, etc. with the appurtenances, in which, etc. amongst other, seized in their demesn as of Fee, if the Law of England in this case requireth it; and the aforesaid Robert Snelling and Thomas Butler, so thereof being seized, if the Law of England this requireth, after and before the time in which, etc. that is to say, the 23 day of May in the year of the Reign of the said Lady the Queen that now is the 36. aforesaid, into the aforesaid Message, and the aforesaid 6 Acres of Pasture, parcel, etc. with the appurtenances, entered and was thereof seized in their demesn as of Fee, if the Law of England requireth, and so thereof seized, the aforesaid John Lambert continuing his possession aforesaid, if the Law of England this requireth, the said Robert Snelling and Thomas Butler the aforesaid 23 day of May at the said Town of Buckingham demised and to Farm let the Message aforesaid and the aforesaid 6 Acres of of Pasture, parcel, etc. with the appurtenances (amongst other) to the aforesaid Theophilus adam's, to have to the said Theophilas Adam's his executors and assigns, from the aforesaid 23 day of May in the year of the Reign of the said Lady the Queen that now is the 36 aforesaid, until the end and Term aforesaid of 10 years fully to be complete and ended: By virtue of which the said Theophilus adam's into the Message aforesaid, and into the aforesaid 6 Acres of pasture, parcel, etc. with their appurtenances (amongst other things) afterwards, that is to say, the 16 day of April in the year of the Reign of the said Lady the Queen that now is the 39 entered and was thereof possessed, if the Law in this case requireth, upon whose possession of the said Theophilus thereof, the aforesaid John Lambert afterwards, that is to say the same 16 day of April in the 39 year aforesaid into the Message aforesaid, and the aforesaid 6 Acres of Pasture, parcel, etc. with the appurtenances, entered, and the same Theophilus adam's from his Farm aforesaid thereof, his Term aforesaid thereof not yet ended, ejected, expelled and amoved, and him the said Theophilus from his possession thereof held out, and yet holdeth out as the said Theophilus before against him declared. But whether upon the whole matter aforesaid found in form aforesaid, It shall seem to the Court here, that the aforesaid John Lambert is guilty of the trespass and ejectment of the said Theophilus adam's, of and in the Message aforesaid, and the aforesaid 6 Acres of Pasture, etc. with the appurtenances, or not, the Jurors aforesaid are utterly ignorant of, and thereof they pray the advice of the Court here, etc. and if upon the said whole matter in form aforesaid found, it shall seem to the Court here, that the aforesaid John Lambert is guilty of the Ejectment and Trespass to the said Theophilus of the Message aforesaid, and the aforesaid 6 Acres of Pasture, parcel etc. w th'. the appurtenances, than the said Jurors say, upon their Oath aforesaid, that the aforesaid John Lambert is guilty of the Trespass and Ejectment thereof as the aforesaid Theophilus above against him thereof complaineth, and then they assess the damages of the same Thophilus by the occasion of the Trespass and Ejectment besides his charges and Costs by him about his suit in his behalf put unto, to 12 pence, and for his charges and costs to 12 pence; and if upon the whole matter aforesaid, in form aforesaid ●ound, It shall seem to the Court here, That the aforesaid John Lambert is not guilty of the Ejectment and Trespass aforesaid, of and in the Message aforesaid, and the aforesaid 6 Acres of Pasture, parcel, etc. with the appurtenances, than the aforesaid Jurors say upon their Oath aforesaid, That the aforesaid John Lambert is not thereof guilty as the said John for himself above in pleading hath alleged, and farther the said Jurors say upon their Oath aforesaid, that the aforesaid John Lambert in nothing is guilty of the Trespass and Ejectment aforesaid, in 4 Acres of Pasture of the said 10 Acres of Pasture residue above supposed to be done, as the said John Lambert above in pleading hath alleged, etc. and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises, are not yet avised, Day is given to the parties aforesaid before the said Lady the Queen at Westminster, until Friday next after the morrow of the Holy Trinity, to hear their Judgement of and upon the premises, because that the Court of the said Lady the Queen here are not yet, etc. And so from Term to Term, until Tuesday next after the morrow of All Souls, to hear their Judgement of and upon the premises, because the Court of the said Lady the Queen are not yet; etc. At which day, before the said Lady the Queen at Westminster come the parties aforesaid, in their proper persons, upon which seen, and by the Court of the said Lady the Queen here all and singular the premises fully understood, and mature deliberation thereupon had, for that it seemeth to the Court of the said Lady the Queen here, that the aforesaid John Lambert is guilty of the Trespass and Ejectment of the said Theophilus Adam's of and in the Message aforesaid, and the aforesaid 6 Acres of Pasture, parcel, etc. with the appurtenances, therefore it is considered, that the aforesaid Theophilus adam's shall recover against the aforesaid John Lambert his Term aforesaid yet to come of and in the aforesaid Message and the aforesaid 6 Acres of Pasture, the aforesaid 10 Acres of Pasture parcel with the appurtenances, and his damages aforesaid by the Jurors aforesaid, in form aforesaid assessed, as also 25 pound for his charges and costs aforesaid, to the said Theophilus adam's by the Court of the said Lady the Queen here with his assent of increase adjuged: which said damages in the whole do amount to 25 pound 2 shillings, and the said John Lambert be taken, etc. and likewise the aforesaid Theophilas adam's in mercy for his false clamour against the aforesaid John Lambert for the rest of the Trespass and Ejectment aforesaid whereof the said John Lambert is acquitted; therefore the said John Lambert as to the rest of the said Trespass and Ejectment, go thereof without day, etc.   

Ejectione Firm.  
Mich. 10. of King James: It begun Easter Term: 1 of King James Rott. 1639 in the Common pleas: Arthur Legates Case, C. 10. part, fol. 109. a. 
Norff.   
EDward Cockel late of Wimondham in the County aforesaid Husbandman, was attached to answer to Arthur Legat Gent. of a plea, wherefore with force and Arms, 6 Acres of Pasture and 6 Acres of Wood with the appurtenances in Wimondham, which John Smith Gentleman to the aforesaid Arthur demised, for a Term which is not yet past, he entered, and him from his Farm aforesaid did Eject, and other harms did to him, to the great damage of the said Arthur, and against the peace of the Lord the King that now is, etc. and whereupon, the said Arthur by Robert Love his Attorney complaineth, that whereas, the aforesaid John, the 19 th'. day of October, in the year of the Reign of the Lord the King that now is the 8 th'. at Wimondham, had demised to the said Arthur the Tenements aforesaid with the appurtenances, to have and to hold to the said Arthur his Executors and Administrators from the Feast of Saint Michael the Archangel than last passed, for and during the Term of 3 years from thence next following to be complete and ended, by virtu of which demise, the said Arthur into the Tenements aforesaid with the appurtenances entered, and was thereof possessed, until the aforesaid Edward, afterwards, that is to say, the 10 th'. day of April in the year of the Reign of the said Lord the King that now is of England the 9 th'. with force and arms, etc. the Tenements aforesaid with the appurtenances which the aforesaid John to the said Arthur in form aforesaid demised for the aforesaid Term which is not yet past, entered, and him from his Farm aforesaid did Eject, and other harms, etc. and against the peace, etc. whereupon he saith, that he is the worse, and hath damage, to the value of 20 pound, And thereof he bringeth suit, etc. And the said Edward, by Thomas Blofield his Attorney, cometh and defendeth the force and injury when, etc. And saith, he is not guilty of the Trespass and Ejectment aforesaid, as the said Arthur against him complaineth, and of this puts himself upon the Country; And the aforesaid Arthur likewise. Therefore it is commanded to the Sheriff, that he cause to come here, from the day of Holy Trinity, in three Weeks, 12. by whom, etc. And who neither, etc. Because aswell, etc. At which day, the Jurors between the parties aforesaid, of the Plea aforesaid put was between them in respite here until this day, that is to say, in 8 days of St. Michael then next following, unless, The Justices of the Lord the King to Assizes, in the County aforesaid to be taken assigned by the form of the Statute, etc. Monday the 15 th'. day of July next, At the Castle of Norwich, in the County aforesaid first should come; And now at this day cometh, as well the aforesaid Arthur, as the aforesaid Edward, by their Attorney's aforesaid, And the aforesaid Justices to Assizes, before whom, etc. send here their Record in these words; Afterwards the day and place within contained, before Edward Coke Kt. Chief Justice of the Lord the King of the Bench, and John Crook Kt. one of the Justices of the said Lord the King to Pleas, before the King himself to be holden assigned Justices of the said Lord the King to Assizes, in the County aforesaid to be holden assigned by form of the Statute, etc. came aswell the within named Arthur, as the within written Edward Cockle, by their Attorneys within written; And the Jurors of the Jury, whereof within is made mention, being called, likewise came, whereof 12. that is to say, Robert Seaman, Adam Bale, Bartholomew Harison, Thomas Reynolds, William Bidwel, Henry Owlet, Thomas Crook, Richard Russel, Thomas Filney, john Freeman, John Jewel, and Edmond Johnson, in the Jury aforesaid are sworn; After which, one of the Jurors aforesaid, that is to say, Robert Seaman, with the assent of both parties aforesaid, and by the Command of the Justice's aforesaid, from the Panel aforesaid, was utterly drawn, etc. Therefore with the assent of the parties aforesaid, the Jury aforesaid was further put in respite here, until in 8. days of St. Hillary. Therefore that the Sheriff have the Bodies, etc. And appoint, Decem Tales, At which day here cometh, aswell the aforesaid Arthur, as the aforesaid Edward, by their Attorney's aforesaid; And the Sheriff now sendeth, That as to the distreyning of Bartholomew Stone, that the Writ was so late delivered to him, that for the shortness of the time he could not execute it, but as to the putting of the Decem Tales, whereof in the said Writ was made mention, the said Sheriff now sendeth, That execution thereof doth appear in a Schedule to the said Writ annexed, in which Schedule is contained, the Panel of the names of Ten Jurors, whereof none, etc. Therefore the Jury aforesaid, again is put in respite here, until from Easter-day, in 15. days, unless the Justices of the King, To the Assizes in the County aforesaid to be taken assigned, by the form of the Statute, etc. Wednesday in the first Week of Lent, at Thetford, in the County aforesaid first shall come; for default of Jurors, etc. Therefore that the Sheriff distrein the Jurors aforesaid, by all their Lands, etc. And that the issues, etc. So that they be here, unless, etc. to make the Jury aforesaid, etc. Norff. ss. Afterwards the day and place within contained, before Edward Coke Kt. Chief Justice of the Lord the King of the Bench, and John Crook Kt. one of the Justices of the said Lord the King, to Assizes in the County aforesaid to be taken assigned by the form of the statute, etc. cometh aswell the within named Arthur Legat, as the within written Edward Cockle, by their Attorneys within contained, And the Jurors of the Jury aforesaid, whereof within is made mention, being called likewise come, who to say the truth of the within contained, chosen, tried, and sworn, say upon their Oath, That the late King and Queen, Philip and Mary, the 9 th'. day of July, in the year of the Reigns of the same King and Queen, Philip and Mary, the 4th. and 6th. were seized of and in the Manor of Wimondam●, in the County aforesaid, in their Demesn as of Fee, in the Right of h●s Crown of England, whereof the Lands and Tenements in the Declaration within written, then were parcel, and the aforesaid late King and Queen, Philip and Mary, so as before is said, of and in the Manor aforesaid, whereof, etc. being seized, The said King and Queen, the said 9th. day of July, in the year of the Reigns of the said late King and Queen, Philip and Mary, the 4th. and 6th. made their Letters Patents under the great Seal of Eng. to one George Howard Kt. of the aforesaid Lands and Tenements, in the Declaration within written named amongst other, By the names of 2 pieces of Lands, called Nettlehamsted, & Wikemans, containing by estimation 15. Acres, lying and Wyndmondham aforesaid, in the County aforesaid, then or late in the tenure or occupation of Joh. Coleman, & late to the Monastery of Wyndmondham, sometimes belonging and appertaining, & parcel of the possessions thereof then being; The Tenor of which Letters Patents followeth in these words: The King and Queen, to all to whom, etc. greeting, Know ye, That we, in Consideration of the good, true, and faithful service of our Beloved and Faithful Servant, George Howard Kt. before this time to us done, and for divers other causes and Considerations us specially moving, Of special grace, and of our certain Knowledge and mere motion, have given, and granted, and by these presents do give, and grant, for us, the Heirs and Successors of us the aforesaid Queen, to the aforesaid George Howard, All those two Acres of our Lands, lying and being in Ashwynen, in our County of Norfolk, etc. We also give, and grant, by these presents, to the aforesaid George Howard Kt. Two pieces of our Lands, called Nettlehamsted, and Wikemans, containing by estimation 15. Acres, lying and being in Wymondhom aforesaid, in the County aforesaid, now or late in the tenure or occupation of John Coleman, and late to the Monastery of Wyndmondham, sometimes belonging and appertaining, and being parcel of the possessions thereof, etc. We also give for the Consideration aforesaid, by these presents, for us, the Heirs and Successors of us the aforesaid Queen, grant to the aforesaid George Howard Kt. all and all manner of Woods, and Underwoods', and our Trees whatsoever, of, in, and upon the premises, growing and being, and all the Land, Ground, or Soil of the same Woods, Underwoods', and Trees, and the Reversion and Reversions whatsoever, of all and singular the premises above expressed and specified, and to every parcel thereof, as also the yearly Rents and profits whatsoever, reserved upon whatsoever Demises, and Grants of the premises, or any parcel thereof, any wise made, as fully, and wholly, and in as ample manner and form, as any Abbots, Priors, of the said late Abbey, or Priory, or any of them, or any Guardians, or any Chapleins, Chanters, or Incombents, or any chaplain, Chaunter, or Incumbent, of Chantry, Guilds, Lamps, Obits, and Lights aforesaid, or any other, or others, the premises, or any parcel thereof, having, possessing, ever had, held, or enjoyed, or aught to have, hold, use, or enjoy, as fully, freely, and wholly, and in as ample manner and form, as all and singular the premises, to our hands, or to the hands of the most dear Father of us the said Queen, Henry the 8th. late King of England, Or unto the Hands of our most dear Brother of us the said Queen, Edward the 6th. late King of England, by reason or colour of the several Dissolutions of the said late Monastery, Priory, Chantry, Guild, Lamps, Obits and Lights aforesaid, or by reason of any Act of Parliament, or any Acts of Parliament, or any other lawful means, Right or Title, aught to come, and in our Hands now of right by reason of the dissolutions of the said late Monastery, Priory, Chantry, Guild, Lamps, Obits and Lights, are or aught to be; All which singular premises with the appurtenances, from us, and from the Father and Brother of us the said Queen, were concealed and detained, and the Rents and Revenues thereof, nor of any parcel thereof, to us before this time were answered, And all which and singular premises with the appurtenances, now in the whole do amount to the clear yearly value of 22. pounds, 8. shillings, and 6. pence, and not above; that is to say, etc. the aforesaid Lands, Tenements, Meadows, Pastures, and other the premises in Possewicke, Kerringham, Massingham, Great ●erlingham, Gist, Girston, Holm, Hunstonston, Alderford, Duckleborough, Boyton, in the Parish of St. George, in the City of the County of Norwich, Buckenham, New Winondham, Plamsted, Tylenham, Southelingham, Dinham, and Estlyham aforesaid, in the said County of Norfolk, to the clear yearly value of 56. shillings, and 4. pence; And if it shall happen the aforesaid Lands and's Tenements above expressed, or any parcel thereof, at the time of the making of these our Letters Patents, to be of greater yearly value, old Rent, than in those present Letters Patents is particularly specified, That then it shall be lawful for us, the said King and Queen, and the Heirs and Successors of us the aforesaid Queen, from time time, during the Term of 10. years, after the date of these Letters Patents, into all the aforesaid Lands, Tenements, and other the premises, and every parcel thereof so being of greater yearly value, to enter, and the same to seize and have in our hands, and our possession, to keep, until we the said King and Queen, the Heirs and Successors of us the aforesaid Queen, of so many sums of good and lawful money of England, to how much the said greater and yearly value of the premises, or any parcel thereof, according to the rate of purchase of 21. years do amount unto, we be thereof satisfied and paid, To have, and to hold, and enjoy the aforesaid Messages, Houses, Buildings, Lands, Tenements, Meadows, Feeding, Pastures, Woods, Underwoods', Rents, Services, and other Hereditaments whatsoever with the appurtenances, And all and singular the premises with all their appurtenances, to the aforesaid George Howard Kt. his Heirs and Assigns, to the proper use and behoof of him the said George and his Heirs and Assigns for ever, To hold the aforesaid Messages, Lands, Tenements, and all and singular other the premises with their appurtenances, of us, and of the Heirs and Successors of us the aforesaid Queen, as of our Manor of East Greenwich, by Fealty only in free Socage, and not in Capite, for all Rents, Services, and demands whatsoever, for the same to us, the Heirs and Successors of us the aforesaid Queen, for the same to be any way rendered, paid, or to be done, And further, of our further special grace, We have given, and granted, and by these presents for us, the Heirs and Successors of us the aforesaid Queen, We give and grant to the aforesaid George Howard Kt. from henceforth, All and singular the Rents, Reversions, and profits, of all and singular the premises, from the Feast of the Annunciation of the blessed Mary the Virgin last passed, hitherto coming or arising, To have the same of our gift, without account, or any other thing to us, the Heirs and Successors of us the aforesaid Queen, in any manner to be rendered, paid, or done; We Will also, and by these presents grant to the aforesaid George Howard, that he have, and shall have these our Leters Patents, in due manner made and sealed, Without any Fine or Fee, great or small, to us in our Hamper, or elsewhere to our use for the same, any ways to be rendered, paid, or done, because express mention, etc. In Witness, etc. T. R. and R. at Westm. the 9th. day of July, in the years the 4th. & 6th. of Philip and Mary. And further, the Jurors aforesaid say upon their Oath, That at the aforesaid time of the making of the said Letters Patents, so as before is said, to the aforesaid George Howard, The Manor aforesaid from the aforesaid late King and Queen was not yet concealed nor detained, but the Rents and the Reversions thereof to the said Lord the King, and Lady the Queen then were answered, And that Manor was in charge and account of Record, and the Rents and the Reversions thereof to the said late King and Queen, Philip and Mary, were answered: But whether the Lands and Tenements in the Declaration above mentioned, by the said Letters Patents, to the aforesaid George Howard Kt. passed or not, the Jurors aforesaid are ignorant, and thereof pray the Advice and Consideration of the Court in the premises; And if upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, It shall seem to the Justices of the Court, That the aforesaid Lands, and Tenements, in the Declaration aforesaid mentioned, by the aforesaid Letters Patents of the Lord Philip and Mary, late King and Queen of England, to the aforesaid George Howard did pass, Then the Jurors aforesaid, say that the aforesaid Edward Cockle is not guilty of the Trespass and Ejectment, as he before in pleading hath alleged: And if upon the whole matter, by the Jurors aforesaid, in form aforesaid found, It shall seem to the Justices and Court, That the Lands, and Tenements, in the Declaration within written, by the aforesaid Letters Patents, of the Lord Philip and Mary, King and Queen of England, to the said George Howard, passed not, etc.    

False Imprisonment.  

Michaelmass Term, in the 6th. year of King JAMES, in the COMMMON-PLEAS, Doctor bonham's Case, Co. 8. part. 
London.   
HEnry Atkins of London Doctor of Physic, George Turner of London Doctor of Physic, Thomas Moundford of London Doctor of Physic, John Argent of London Doctor of Physic, John Taylor of London Yeoman, And William Bowden of London Yeoman, were Attached to answer to Thomas Bonham of London, Doctor in Philosophy, and of Physic, of a Plea, wherefore they, together with William Dun of London Doctor of Physic, and Richard Ware of London Skinner, with force and Arms him the said Thomas Bonham took, imprisoned, and evil handled, and him in Prison against the Law and Custom of the Kingdom of England did long detain, and other harms to him did, to the great damage of the said Thomas Bonham, and against the Peace of the Lord the King that now is, &c: And whereupon the same Thomas Bonham, by Richard Coke his Attorney, complaineth, That the aforesaid Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, together, etc. the 10th. day of November, in the year of the Reign of the said Lord the King that now is, the 4th. with force and Arms, him the said John in the Parish of the blessed Mary of Bow, in the Ward of Cheap, took and imprisoned, and evilly handled, and him there so in Prison a long time, that is to say, by the space of 7. days, against the Law and Custom of this Kingdom of England detained, and other harms, etc. to the great damage, etc. and against the Peace, etc. whereupon he saith, that he is the worse, and hath damage to the value of 300. pounds, and thereof bringeth suit, etc. And the aforesaid Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, by Francis Barker their Attorney, come and defend the force and injury when, etc. And as to the coming with force and Arms, say, That they are not thereof guilty, And of that put themselves upon the Country, and the aforesaid Thomas Bonham likewise, And as to the rest of the Trespass and Imprisonment aforesaid, above supposed to be done, The said Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden say, That the aforesaid Thomas Bonham, his Action aforesaid against them ought not to have, because they say, That before the aforesaid time, in which it is supposed the aforesaid Trespass and Imprisonment to be done, The Lord Henry late King of England the 8th. the 23d. day of September, in the year of his Reign 〈◊〉 by his Letters Patents, which the said Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, with his great Seal of England sealed, bearing date at Westminster, the same day and year here in Court brought, Reciting, Wherereas he thought it the duty of his Kingly Office, in all reason to provide for the good and welfare of his People, That would first of all be done, if he might in due season meet with the erterprises of wicked men, first therefore ye held it necessary to restrain the boldness of wicked men, who professed Physic more for avarice, than out of confidence of a good Conscience; Whereupon, very many incommodities did arise, to the rude and credulous Common-people, Therefore, partly imitating the example of the well-governed Cities, and other Nations inclined thereunto, at the request of the grave Men and Doctors, John Chambre, Thomas Linacre, Ferdinand de Victoria, his Physicians, of Nicholas Hatswel, John Francisco, and Robert Yoxley Physicians, and chief of the right Reverend Father in Christ, and Lord, Thomas, titled of the Holy Church beyond Tiber, Priest of the most Holy Church of Rome, Cardinal of York, Archbishop, and our Well beloved Chancellor of our Kingdom of England; A College perpetual of Doctors and Grave Men, who Physic in his City of London, and the Suburbs, and within 7. Miles from the said City every way, might publicly exercise, he Willed and commanded to be instituted, to whom, for his honour, and in the name of the public good, and care, (as he hoped) the ignorance and rashness of the malicious, which he remembered, as well by their example and gravity to deter, as by his Laws late made, and and by Constitution to be made by the same College to punish; Which that they might more easily well accomplish, to the remembered Doctors, John Chambers, Thomas Linacre, Ferdinand de Victoria, his Physicians, Nicholas Hatswel, John Francisco, and Robert Yoxley Physicians, he granted, that they, and all Men of the same faculty, of and in the City aforesaid, should be in deed and Name, one Body and Commonalty perpetual, or College perpetual, and that the said Commonalty or College every year for ever, might choose and make of that Commonalty, any diligent man, and skilful in the faculty of Physic, to be Precedent of the said College or Commonalty, to oversee, rule, and govern, for that year the College or Commonalty aforesaid, and all men of the said faculty, and their businesses; And that the said Precedent and College or Commonalty should have perpetual succession, and a Common Seal, to serve for the businesses of the said Commonalty and Precedent for ever, And that they and their Successors for ever, should be persons able and capable to purchase and possess in Fee, and for ever, Lands, Tenements, Rents, and other possessions whatsoever; He also granted to them and their Successors, for him and his Heirs, That they and their Successors, might purchase to them and their Successors, aswell in the said City, as out of it, Lands, and Tenements whatsoever, not exceeding the yearly value of 12. pound, notwithstanding the Statute of Alienation in Mortmain, And that they by the name of Precedent of the College or Commonalty of the faculty of Physicians Lond. might plead, or might be impleaded, before whatsoever Judges in all Courts and Actions whatsoever, And that the aforesaid Precedent and College, or Commonalty, and their Successors, lawful assemblies, and honest of themselves, and Statutes and Ordinances for the wholesome Government, Oversight, and Correction of the College or Commonalty aforesaid, and of all Men the same faculty in the same City, or within 7. Miles circuit of the said City exercising, according to the exigence or necessity (as often, and when need was) might lawfully, and without peril make, without the hindrance of the said late King, his Heirs, or Successors whatsoever, his Justices, Escheators, Sheriffs, and other his Bailiffs and Ministers, his Heirs and Successor whatsoever; He also granted to the said Precedent, College, or Commonalty, and their Successors, That none in the said City, or 7. Miles in Circuit thereof, do exercise the said faculty, unless to this, by the said Precedent or Commonalty, or their Successors, who for the time should be, he be admitted by the Letters of the said Precedent and College, with their Common Seal sealed, upon the penalty of 100 shillings for every Month, that not being admitted, he should exercise the same faculty, half thereof to the Lord the King, and his Successors, and half thereof to the said Precedent and College to be applied; He besides, willed and granted, for him and his Successors (as much as in him was) That by the Precedent and College of the aforesaid Commonalty, for the time being, and their Successors for ever, Four every year by them should be chosen, should have the Overseeing, searching, Correction, and Government, of all and singular the Physicians of the said City, exercising the faculty of Physic within the said City, and so of other Physicians foreign whomsoever, the said faculty of Physic any wise frequenting and using within the said City, and the Suburbs thereof, or within 7 miles in Circuit of the said City and the punishment of them for their offences in not well exercising doing and using the same, as also the oversight and searching of all Medicines and the reception of them by the said Physicians or any of them to the Liege people of the said late King, for curing and healing their infirmities, to be given, put, and used, as often, and when need shall be, for the Commodity and profit of the said Liege people of the said late King, So as the punishments of the said Physicians, using the said faculty of Physic, in the Premises offending, by Fines, Amercement, and Imprisonment of their Bodies, and by other ways reasonable and fitting be executed; He also willed, and granted, for him, and his Heirs, and Successors, (as much as in him was) That neither the Precedent, nor any of the College aforesaid of Physicinas' nor their successors nor any of them exercising the same faculty any way in future within the City aforesaid, and the suburbs thereof, or elce-where, should be summoned or put, nor any of them should be summoned or put in any Assizes, Juries, Inquisitions, Attachments, and other Recognitions, within the said City, & the Suburbs thereof for ever, before the Mayor, or Sheriffs, or Coroners of the said City, or by any Officer, or Minister, or Officers, or Ministers, although the said Juries, Inquisitions, or Recognitions, were summoned upon the Writ or Writs of the said late King, or his Heirs, of Record, But that the said Masters or Governors, and Commonalty of the faculty aforesaid, and their Successors, and every of them the said faculty exercising, against the said late King, his Heirs and Successors, and against the Mayor and Sheriffs of the said City aforesaid, for the time being, and whatsoever their Officers or Ministers, should be thereof acquitted and discharged for ever, as by the said Letters Patents, amongst other things more fully appeareth. And the said Henry, George, Thomas Moundford, John Argent, John Taylor, and William, further say, That by virtue of the Letters Patents aforesaid, the aforesaid John Chambre, Thomas Linacre, Ferdinand de Victoria, Nicholas Hatswell, John Francisc●s, and Robert Yaxley Physicians, and all men of the said faculty, in the City aforesaid, were one body and Commonalty perpetual, or College perpetual; And that afterwards, by a certain Act of Parliament, of the said late King Henry the 8th. holden at London, the 15th. day of April, in the year of his Reign the 14th. and from thence adjourned unto Westminster, in the County of Middlesex, the last day of July, in the year of the said late King, the 15th. and then there holden, amongst other things, It was Enacted by Authority of the same Parliament, That for that, that the making of the said Corporation of Physicians, was meritorious, and very good for the Commonwealth of this Kingdom of England, and besides it was expedient and necessary to provide, That no person of the said body politic and Commonalty aforesaid, should be suffered to exercise and to practise Physic, but only such persons as should be profound, sad, and discreet, groundedly learned, and deeply studied in Physic, In Consideration whereof, and for the further authorising of the said Letters Patents, and also for the enlarging and amplifying of further Articles for the aforesaid Commonwealth, to be had and made by the said late King, with the consent of the Lords Spiritual, and Temporal, and Commonalty in the said Parliament assembled, It is Enacted, amongst other things, That the aforesaid Corporation of the Commonalty and fellowship of the faculty of the Art of Physic aforesaid, and all and every Grant, Article, and other things contained and specified in the said Letters Patents should be approved, granted, ratified and confirmed, in the aforesaid Act, and should clearly be authorized and admitted by the same good, lawful, and available, to the aforesaid body corporate and their Successors for ever, in as ample and large manner as it might be taken, thought, and construed by the said Letters Patents: And further, It is enacted, ordained, and established by the said Act, That the aforesaid 8. persons, in the aforesaid Letters Patents named as principal, and first named of the aforesaid Cominalty and Fellowship, should choose to them two other of the said Commonalty, who from thenceforth should be called and named Elects, and the aforesaid Elects, yearly should choose one of them to be Precedent of the said Commonalty, and as often as any of the Rooms and place of the said Elects, should happen to be void by death, or otherwise, than the Supervisors of the said Elects, within 30. or 40. days, next after their deaths, or of any of them, should choose, name, and admit, one, or more, as need should requite, of the most learned and expert men of and in the aforesaid faculty in London, to supply the place and number of 8. persons, so that he or they, who should be chose●, be first examined strictly by the said Supervisors, according to the form devised by the said Elects, and also by the said Supervisors approved, as by the said Act amongst other things more fully appeareth. And the said Henry, George, Thomas Moundford, John Argent, John Taylor, and William, further say, That afterwards, and before the time in which, etc. By another Act of Parliament of the Lady Mary the Queen of England, the 24th. day of October, in the year of the Reign the first, at Westminster aforesaid, That whereas in the Parliament holden at London, the 5th. day of April, in the year of the Reign of the Lord Henry, late King of England the 8th. the 14th. and from thence adjourned unto Westminster, the last day of June, in the year of his Reign the 15th. and there holden, It was Enacted, That a certain grant by Letters Patents of Incorporation, made and granted by the aforesaid late King, to the Physicians of London, and all clauses and Articles contained in the said grant, should be approved, granted, ratified, and confirmed by the said Parliament, In consideration whereof, It was Enacted by the Authority of the same Parliament, That the aforesaid Statute, and Act of Parliament, in all the Articles and clauses in the same contained, from thenceforth for ever should stand and continue in full strength, force, and effect, any Statute, Law, Custom, or any thing made, had, or used to the Contrary, in any thing notwithstanding: And for the better Reformation of divers enormities happening to the Commonwealth, by the evil usage, and undue administration of Physic, and for the amplifying, and enlarging of the last Articles, for the better execution of the things in the aforesaid grants contained, it was further Enacted, That whensoever the Precedent of the College, or Commonalty of the faculty of Physic in London for the time being, or such as the aforesaid Precedent, and College yearly, according to the Tenor, and meaning of the same Act, should authorise to search, examine, and correct, and punish all offenders, and transgressors, in the aforesaid faculty, within the same City, and precinct, in the aforesaid Act expressed, should send, or commit such offender, or offenders, for his or their offences, or disobedience, contrary to any Article, or Clause, contained in the aforesaid grant, or Act, to any Ward, Gaol, or Prison within the aforesaid City, and precinct aforesaid, (the Tower of London excepted) that then, and from time to time, the Warders, Gaolers, and Keepers of the Wards, Gaols, and Prisons, within the City, or precinct aforesaid, (the Tower of London excepted) should receive into his, or their Prisons, all and every such person, or persons so offending, which should be sent, or committed to him, or them as aforesaid, and there safely should keep the person, or persons so committed into any of their Prisons, at the proper costs, and charges of the person, or persons so committed, without Bail, or main prize, until such offender, & offenders, or disobedients, be discharged of the aforesaid imprisonment by the aforesaid Precedent, and such persons as by the aforesaid College should be authorized, upon pain, that every such Warder, Jailer, or Keeper, doint the contrary, should lose, and forfeit double of such fine, and amercement, as such offender, or offenders, or disobedients should be assessed to pay by such as the said Precedent, and College as should be authorized as before is said, so as the said Fine, and Amercement, should not be at any time above the sum of 20 pound, the moiety whereof to be employed to the use of the said late Queen, her Heirs, and Successors, and the other moiety to the aforesaid Precedent, and College, all which forfeiture should be recovered by Action of debt, Bill, Plaint, or Information, in any of the said late Queens, her heirs, or successors, Courts of Record, against any such Warden, Jailer, or Keeper so offending, in which no Essoin, wager of Law, nor Protection should be allowed, nor be admitted for the defendant, And further it was Enacted, by the authority of the said Parliament, That all Justices, Mayors, Sheriffs, Bailiffs, Constables, and other Ministers, and Officers within the City, and precinct aforesaid, upon request to them made, should help, aid, and assist the Precedent of the aforesaid College, and all persons by them from time to time authorized, for the due execution of the said Act, or Statute, upon pain for not giving of help to them of being in contempt of the said late Queen, her Heirs, and Successors, as by the same Act amongst other things more fully appeareth. And the said Henry, George, Thomas Moundford, John Argent, John Taylor, and William, further say, That by virtue of the said Letters Patents, and by force of the Statutes aforesaid, One Thomas Langhton Doctor of Physic, a man diligent, and skilful in the faculty of Physic, and then one of the Commonalty of the College of Physicians in London aforesaid, before the time in which, etc. that is to say, the 30 th'. day of September, in the year, 1605. at the College of Physicians, situate in London, in the Parish of Saint Bennet-Pauls-Wharf, in the Ward of Baynard's Castle, was duly chosen Precedent of the College aforesaid, and then and there held the said Office of Precedent of the College aforesaid, And the said Thomas Langton being Precedent of the College aforesaid, The same Precedent and Commonalty of the College aforesaid, the same 30th. day of September, in the year 1606 abovesaid, at the College aforesaid, chose Ralph Wilkinson, William Du●, Richard Palmer, and John Argent, diligent men, and skilful in the faculty of Physic, and then being 4. Doctors of the College aforesaid, to be the 4. Censors or Governors of the Commonalty aforesaid, to oversee, teach, correct, and govern, all and singular Physicians of the said City, using the faculty of Physic in the said City, and other foreign Physicians whomsoever, frequenting to, and using the said faculty of Physic, any ways within the said City & the Suburbs thereof, or within 7. Miles in circuit of the same City, and to punish their defects in not well exercising, doing, and using the same; As also to oversee, and search all manner of Medicines, and their Receipts by the said Physicians, or any of them, for curing of infirmities, as often as need should be, And to punish the said Physicians, Delinquents, exercising the said faculty of Physic, by Fines, Amercements, and Imprisonment of their Bodies, and other ways reasonable and fitting, according to the form and effect of the said Letters Patents, and the Statutes aforesaid: And the said Thomas Langton, being Precedent of the College aforesaid, and the aforesaid Ralph Wilkinson, William Dun, Richard Palmer, and John Argent, being likewise the 4. Censors or Governors of the College aforesaid, The aforesaid Thomas Bonham, within the aforesaid time in which, etc. That is to say, the 10th. day of April, in the year of our Lord, 1606. within London aforesaid, in the aforesaid Parish of the blessed Lady of Bow, in the Ward of Cheap aforesaid, contrary to the form and effects of the Letters Patents aforesaid, and the aforesaid Statute, made in the Parliament aforesaid, of the said King Henry the 8th. did practice Physic, not admitted by the Letters of the aforesaid Precedent and College, sealed with their Common Seal, whereas in truth, the aforesaid Thomas Bonham, was insufficient to practise Physic; By reason whereof the said Thomas Bonham afterwards, that is to say, the 13th. day of April; in the year of our Lord, 1606. at London, in the Parish and Ward aforesaid, was summoned by the aforesaid Censors or Governors of the College aforesaid, to appear before the Precedent, and Censors, or Governors, of the College aforesaid, at the College aforesaid, in the Parish and Ward aforesaid, the 14th. day of April, in the year of our Lord, 1606. abovesaid, than next following, to be examined upon the premises: At which 14th. day of April, in the year of our Lord, 1606. aforesaid, at the College aforesaid came the aforesaid Thomas Bonham in his proper person, and there was examined of his science in his faculty of Physic administered, by the aforesaid Censors or Governors of the College aforesaid, and because the said Thomas Bonham so examined answered very insufficiently in the Art of Physic, then and there upon his examination aforesaid, and was ●ound by the aforesaid Precedent, and Censors, or Governors of the College aforesaid, very insufficient, and unskilful, to administer Physic; And for that the aforesaid Thomas Bonham, being many times examined, and forbidden by the Precedent, and Censors, or Governors aforesaid, for the causes aforesaid, to adminster Physic, for a Month or more, after such forbidding of him within London aforesaid, in the aforesaid Parish of the blessed Mary of Bow, in the Ward aforesaid, without the licence of the aforesaid Precedent and College, under their common Seal, contrary to the form of the Letters Patents aforesaid, and the Statutes aforesaid did practise, Then and there it was granted, by the aforesaid Precedent, and Censors, or Governors, of the College aforesaid, That the aforesaid Tho. for his Dissobedience and Contempt be amerced to 100 shillings, in the next assembly of the aforesaid Precedent and College, at the College aforesaid to be paid: And then and there it was commanded, to the said Thomas Bonham, by them the Precedent, and Censors, or Governors of the College aforesaid, That the aforesaid Thomas Bonham, from thenceforth should forbear to practise Physic within the aforesaid City of London, and the Suburbs thereof, and 7. Miles circuit of the said City, until the said Thomas Bonham, were found to be sufficient, and should be admitted to practise the said Art of Physic, within the City and circuit aforesaid, by the Precedent and College aforesaid, under the pain of being cast into Prison, if in the premises, as is aforesaid, he should offend. And the said Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden further say, That after and before the aforesaid time in which, etc. That is to say, the first day of October, in the year of our Lord, 1606. abovesaid, At the College aforesaid, in the Parish and Ward aforesaid, The aforesaid Thomas Langton, Doctor of Physic, a man diligent, and skilful in the faculty of Physic, & then one of the Commonalty of the College of Physicians in London aforesaid, and one of the Electors of the College aforesaid, was elected and chosen into the Office of Precedent of the College aforesaid, for one year than next following, and the Office of Precedent of the College aforesaid, then and there held; And the said Thomas Langton, being Precedent of the College aforesaid, the same Precedent and Commonalty of the College aforesaid, the said first day of October, in the year of our Lord, 1606. abovesaid, at the College aforesaid, chose the aforesaid George Turner, Thomas Moundford, William Dun, and John Argent, Doctors, men diligent and skilful in the faculty of Physic, and then being 4. of the College aforesaid, to supervise, search, correct, and govern, all and singular the Physicians of the said City, exercising the faculty of Physic in the said City, and other foreign Physicians whomsoever, frequenting to, and exercising the said faculty of Physic, within the same City, and the Suburbs of the same City, or within 7. Miles circuit of the said City, And to punish their defects, in not well exercising, doing, and using the same, As also to oversee, and search, all manner of Medicines, and Receipts, by the said Physicians, exercising the said faculty of Physic within the City of London aforesaid, and the circuit aforesaid, or any of them, for the curing of diseases, as often as need should be required, and to punish the said Physicians, exercising the faculty of Physic in the premises, Delinquents, by Fines, Amercements, and Imprisonments of Body, and other ways reasonable and fitting, according to the form and effect of the Letters Patents aforesaid, and the Statutes aforesaid: And the said Thomas Langton, being Precedent of the College aforesaid, & the aforesaid G. Turner, Thomas Moundford, Wil Dun, & John Argent, being likewise the 4: Censors, or Governors of the College aforesaid, The said Thomas Bonham, before the time in which, etc. that is to say, the 20th. day of October, in the year of our Lord 1606 abovesaid, within London aforesaid, that is to say, in the aforesaid Parish of the blessed Mary of Bow, in the Ward of Cheap aforesaid, did practise Physic, contrary to the form of the aforesaid Letters Patents, and the Statutes aforesaid, and the aforesaid Forbidding and Command of the aforesaid Precedent and Censors; And afterwards, that is to say, The same 20th. day of October, in the year of our Lord 1606. aforesaid, The said Thomas Bonham, at London aforesaid, in the aforesaid Parish of the blessed Mary of Bow, in the Ward of Cheap aforesaid, was summoned by the aforesaid Censors, or Governors of the College aforesaid, at the College aforesaid, in the Parish and Ward aforesaid, the 22d. day of the said month of October, upon the premises to be examined, At which 22d. day of October, in the year of our Lord, 1606. abovesaid, At the Assembly of the College aforesaid, holden at the College aforesaid, at London aforesaid, in the Parish and Ward aforesaid, afterwards, that is to say, the same 22d. day of October, in the year of our Lord, 1606. abovesaid, before the said George Turner, Wil Dan, Thomas Moundford, and Joh. Argent, than Censors & Governors of the College aforesaid, because that the said Thomas Bonham, by the aforesaid Censors or Governors of the College aforesaid, as it is said, warned to appear at the College aforesaid, before the Precedent, & Censors, or Governors of the College aforesaid, the aforesaid 22d. day of Octob. in the same day did not appear, Then and there it was granted, by the said Censors or Governors of the College aforesaid, That the said Thomas Bonham, for his dissobedience and contempts, should be amerced to 10. pound, And that the said Thomas Bonham, for the causes aforesaid, should be arrested, and delivered into custody, And the said Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, further say, That afterwards and before the time in which, etc. that is to say, the 24th. day of October, in the year of our Lord, 1606. abovesaid, The said Thomas Langton Precedent of the College aforesaid, at London, in the aforesaid Parish of the blessed Mary of Bow, in the Ward of Cheap aforesaid, died; After whose death, and before the time in which, etc. That is to say, the 25th. day of October, in the year of our Lord, 1606. abovesaid, The said Henry Atkins, a diligent man, and skilful in the faculty of Physic, and one of the Commonalty of the College aforesaid, and one of the then 8. Electors, of the College aforesaid then being, at the College aforesaid, within London aforesaid, in the Parish and Ward aforesaid, was in due manner chosen, and into the office of Precedent of the College aforesaid, for one whole year than next following, and then and there held the said Office of Precedent, of the College aforesaid; And the said Henry Atkins, being Precedent of the College aforesaid, and the aforesaid George Turner, William Dun, Thomas Moundford, and John Argent being Censors, or Governors of the College aforesaid, at an Assembly of the College aforesaid holden, at the College aforesaid, within London aforesaid, in the Parish and Ward aforesaid, the 7th. day of November, in the year of our Lord, 1606. abovesaid, before the aforesaid Henry Atkins, than Precedent of the College aforesaid, and the aforesaid George Turner, William Dun, Thomas Moundford, and John Argent, than Censors or Governors of the College aforesaid, came the aforesaid Thomas Bonham in his proper person, Of which Thomas Bonham when the aforesaid Henry Atkins, than Precedent of the College, and the aforesaid George Turner, William Dun, Thomas Moundford, and John Argent than Censors or Governors of the College aforesaid, they asked whether he would satisfy to the College aforesaid for his disobedience and contempts aforesaid, and again submit himself to be examined, and to obey the Judgement of the College aforesaid, And the aforesaid Thomas Bonham, then and there answered, that he before that had within London aforesaid, done and practised, and then after within Loedo● aforesaid, would do and practise Physic, no leave being asked of the said College, and that he would not in any thing to the Precedent, and Censors, or Governors of the College aforesaid yield obedience; And then and there affirming the aforesaid Precedent, and Censors, or Governors aforesaid, to have no authority over those who are made Doctors in the University: By which, the said Censors, or Governors, for the offences and disobedience aforesaid, Then and there Ordained, and Decreed, That the aforesaid Thomas Bonham, should be sent to Prison, there to remain, until from thence by the Precedent, and Censors, or Governors for the College aforesaid for the time being he should be delivered, as by the said Letters Patents, and the Statutes aforesaid, it is Ordained, and Established, and then and there made their Warrant, with the Common Seal of the College or Commonalty sealed, And to the Keeper of of the Prison of the Lord the King, in the Compter London in the Poultry, in the Parish of St. Mildred directed, commanded by the said Warrant to the Keeper of the Prison aforesaid, That the said Keeper of the Prison aforesaid, should receive the Body of the said Thomas Bonham, and him in the Prison aforesaid of the said Lord the King there should safely keep, without Bail, or Mainprize, at the proper costs and charges of the aforesaid Thomas Bonham, until the aforesaid Thomas Bonham, by the command of the Precedent, and Censors, or Governors aforesaid, or their Successors he should be delivered; Which Thomas Bonham, for his offences and disobedience aforesaid, together with the Warrant aforesaid, in form aforesaid made, the said Henry Atkins, then being Precedent of the College aforesaid, & the aforesaid George Turner, William Dun, Thomas Moundford, and John Tailor, then being Censos' or Governors of the College aforesaid, by virtue of the Letters Patents and Statutes aforesaid, and the aforesaid William Bowden, and John Tailor, as Servants of the said Henry Atkins Precedent, and of George, William Dun, Thomas Moundford, and John Argent, and by their the said Precedent, and 4. Censors or Governors aforesaid. Warrant, the aforesaid time in which, etc. to one Richard Ware, than Keeper of the said Prison of the Lord the King, of the Compter aforesaid at London, in the Parish of St. Mildred in the Poultry in the Ward of Cheap aforesaid, as to them it was lawful to do; Which commitment of the aforesaid Thom. Bonham, for the causes aforesaid, in form aforesaid done, is the same Trespass and Imprisonment, whereof the aforesaid Tho. Bonham above complaineth: And this they are ready to aver, and demand Judgement, if the said Thomas Bonham, his Action aforesaid against them ought to have, etc. And the aforesaid Thomas Bonham saith, That he for any thing before alleged, to have his Action, ought not to be barred, Because, (by protestation he saith,) That he the said Thomas Bonham, was not insufficient, not was found by the aforesaid Precedent, and Censors, or Governors, of the College aforesaid, to practise Physic, nor unfitly, or insufficiently to the aforesaid Precedent, and Censors, or Governors, of the College aforesaid in the Art of Physic did answer, as the 〈◊〉 Henry Atkins, George Turner, John 〈…〉 dford, John Argent, John Ta●lor, and William Bowd●n above hath alleged, For Ple●, the said Thomas Bonham saith, That by the aforesaid Act in the aforesaid Parliament, of the aforesaid late King Henry the 8th. holden at London aforesaid, the aforesaid 5th. day of April, in the year of his Reign the 14th. and from thence adjourned to Westminster, in the aforesaid County of Middlesex, until the last day of July, in the year of the Reign of the said King the 15th. and there then holden, It was further Enacted by Authority of the same Parliament, That whereas in the Diocese out of London, it was not then very like always to find men able sufficiently to examine, according to the Statute, such as should be admitted to exercise Physic in them, That no person then after be suffered to exercise Physic through England, until the said person should be examined at London, by the aforesaid Precedent, and three of the aforesaid Electors, and should have from the said Precedent and Electors, Letters Testimonials, of their Approbation and Examination, except he should be a Graduate of Oxford or Cambridge, who had accomplished all things for his form without any Grace. And further, the said Thomas Bonham saith, That he the said Thomas, the second day of July, in the year of our Lord 1595 in the University of Cambridge aforesaid took the Degree and Dignity of a Doctor in Physic, and then and there, that is to say, the said second day of July in the year of our Lord 1595 above said in the University aforesaid at Cambridge aforesaid, in the County of Cambridge, was duly and lawfully ordained, and made a Graduate of ●●e University aforesaid, that is to say, Doctor in Physic, according to the Laws, Statutes, Constitutions, and ordinances of the said University of Cambridge aforesaid, and that he the said Thomas Bonham, then and there had accomplished all things concerning his Degree aforesaid, by his form, without grace, from time to time, according to the Laws, Statutes, Constitutions, and Ordinances of the said University of Cambridge aforesaid; By colour whereof, the same Thomas Bonham, a Graduate of the University of Cambridge aforesaid, that is to say, being Doctor in Physic in the form aforesaid, who had accomplished all things concerning his Degree aforesaid, for his form, without any grace, The said faculty of Physic from time to time in the said City of London, that is to say, in the aforesaid Parish of the blessed Mary of Bow, in the Ward of Cheap aforesaid did exercise, as it was lawful for him to do, until the aforesaid Henry Atkins, George Turner, Thomas Moundford, John Argent, John Taylor, and William Bowden, together with, etc. the aforesaid 10th. day of November, in the 4th. year abovesaid, with force and Arms him the said Thomas Bonham, at London aforesaid, in the aforesaid Parish of the blessed Mary of Bow, in the Ward of Cheap, took and imprisoned, and him there in Prison long, that is to say, by the space of 7. days, against the Law and Custom of this Kingdom of England did detain, as the aforesaid Thomas Bonham above against them complaineth, and this he is ready to aver; Whereupon, in as much as the aforesaid Henry Atkins, George Turner, Thomas Moundford, John Argent, John Taylor, and William Bowden, the Trespass and Imprisonment aforesaid, above have acknowledged, The said Thomas Bonham demandeth Judgement, and his damages by reason of the Trespass and Imprisonment aforesaid, to be adjudged unto him, etc. And the aforesaid Henry Atkins, George Turner, Thomas Moundford, John Argent, John Taylor, and William Bowden, say, That the aforesaid Plea of the aforesaid Thomas Bonham, above by Replication pleaded, is not sufficient in Law, to the Action of the aforesaid Thomas Bonham, against them the said Henry Atkins, George Turner, Thomas Moundford, John Argent, John Taylor, and William Bowden, to maintain, and that they to that Plea in manner and form aforesaid by Replication pleaded, need not, nor by the Law of the Land are bound to answer, and this they are ready to aver, whereupon they demand Judgement, and that the said Thomas Bonham, from having his Action aforesaid against them to be barred; And the aforesaid Thomas Bonham, for as much as he sufficient matter in Law, to maintain his Action aforesaid, against the said Henry Atkins, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, above hath alleged, which he is ready to aver, which matter the aforesaid Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, do not deny, nor to the same any ways answer, but the same averment altogether to admit do refuse, as at first, he demands Judgement and his damages, by occasion of the Trespass and Imprisonment aforesaid to be adjudged to him, etc. And because the Justices here will avise themselves of and upon the premises aforesaid, whereof the parties have put themselves to the Judgement of the Court aforesaid, before that they give their Judgement thereof, Day is given to the parties here, until in 8. days of St. Hillary, to hear their Judgement thereof, because the Justices here, are not yet, etc.    

Formedon.  

Michaelmass Term, Anno 37. & 38. Eliz. Rot. 82. in the COMMON PLEAS, Lincoln College Case, C. 3. part. fol. 53. a.  
Robert Chamberlain Esq. by Apollo Plain his Attorney, demandeth against the Warden or Rector, and Scholars of the Blessed Lady Mary, and All Saints of Lincoln, in the University of Oxford, the Manors of Pettesho, and Eckney, with the appurtenances, Except 120. Acres of Pasture in Pettesho aforesaid, and 30. Acres of Pasture in Eckney aforesaid, which Alured Cornburgh Esq. Richard Danvers Esq. Nicholas Statham, and William Callow, gave to Richard Chamberlain Esq. and Sibil Fowler, and the Heirs Males of the Body of the said Richard Chamberlain begotten: And which, after the death of the aforesaid Richard and Sibil, and of Edward, Son and Heir of the said Edward Chamberlain, and of Leonard, Son and Heir of the said Edward, and of Francis, Son and Heir of the said Leonard, to the aforesaid Robert, Son and Heir of the aforesaid Francis, aught to descend by the form of the gift aforesaid, etc. Whereupon he saith, That the aforesaid Alured Conn●burgh, Richard Dan●●rs, Nicholas and William, gave the Manors aforesaid with the appurtenances, to the aforesaid Richard Chamberlain, and Sibil, and to the Heirs Males of the Body of the said Richard Chamberlain begotten, in form aforesaid, etc. By which gift, the said Richard, and Sibil, were seized of the said Manors with the appurtenances, that is to say, the said Richard, in his Demesn as of Fee and Right, and the said Sibil, in her Demesn as of Free hold, by the form, etc. in the time of peace, in the time of the Lord Ed. late King of England the 4th. after the Conquest, taking thereof the profits to the yearly value, etc. And from him the said Richard, the Right descended by the form, to one Edward, as Son and Heir, etc. And from him the said Edward, the Right descended by the form, etc. to one Leonard, as Son and Heir etc. And from him the said Leonard, the Right descended by the form, etc. to one Francis, as Son and Heir, etc. And from the said Fran. Son of the said Leonard, the Right descended by the form, etc. to this Robert, who now demandeth as Son and Heir, etc. And which after the death, etc. And thereof bringeth Suit, etc. And the aforesaid Warden, or Rector, and Scholars, by William Pain their Attorney come, and defend their Right when, etc. And say, That the aforesaid Robert Chamberlain, his Action aforesaid, against them ought not to have, By protestation taking it, That the aforesaid Alured Cornburgh, Richard Danvers, Nicholas Stathum, and William Collow, did not give the Manors aforesaid with the appurtenances, to the aforesaid Richard Chamberlain, and Sibil Fowler, in manner and form, as in the Declaration aforesaid is alleged, For Plea say, That long after the time in which the gift aforesaid is supposed to be made, Richard Lyster Gent. Martin Linsey, John Cotesford, John Clayton, William Hogeson, and Robert Tailor, Clerks, were seized of the Manors aforesaid with th' appurtenances in their Demesn as of Fee, and so being thereof seized, The aforesaid Sibil, Great-Grandmother of the said Robert Chamberlain, whose Heir the same Robert is, The 5th. day of May, in the year of the Reign of the Lord Henry, late King of England the 8th. the 11th. at Pettes●o aforesaid, By her certain Writing of Release, which the said Warden, or Rector, and Scholars, with the Seal of the aforesaid Sibil sealed, here in Court bring, whose date is the same day and year, remised, released, and altogether for her and her Heirs, for ever quit claimed, to the aforesaid Richard Lyster, Martin Linsey, John Coteford, John Clayton, William Hogeson, and Robert Tailor, then of the Manors aforesaid with the appurtenances in form aforesaid being seized, in their full and peaceable possession then being, their Heirs and Assigns for ever, All her Right, Claim, Title, Use, Interest, and Demand, which ever she had, now hath, or at any time after, might have, of and in the Manors aforesaid with the appurtenances: And further, the said Sibil, by her aforesaid Writing, granted for her and her Heirs, That she the said Sibil, and her Heirs, the Manors aforesaid with the appurtenances, to the said Richard Lyster, Martin Linsey, John Coteford, John Clayton, William Hogeson, and Robert Tailor, their Heirs and Assigns, against the then Abbot of Westminster, and his Successors would warrant, and for ever defend, as by the said Writing of Release more fully appeareth: And this the said Warden, or Rector, and Scholars are ready to aver, whereupon they demand Judgement, if the aforesaid Robert Chamberlain, against the aforesaid Writing of Release, the said Warranty of the said Sibil his Ancestor, whose Heir the said Robert is, in it contained, his Action aforesaid against them ought to have, etc. And the aforesaid Robert Chamberlain saith, that he for any thing before alleged, to have his Action aforesaid ought not to be barred, because he saith, That long before the aforesaid Deed, and before the aforesaid Alured, Richard Danvers, Nicholas Stathum, and William Collow, had any thing in the Manors aforesaid with the appurtenances, The aforesaid Richard Chamberlain, was seized of the aforesaid Manors with the appurtenances, in his Demesn as of Fee, And the said Richard so thereof being seized before the gift aforesaid, that is to say, the 12th. day of June, in the year of the Lord Edward, late King of England, the 4th. after the Conquest, the 11th. The aforesaid Richard Danvers, Alured Cornburgh, Nicholas Stathum, and William Collow, out of the Court of the Chancery of the said late King Edward the 4th. at Westminster in the County of Middlesex, then being, brought and prosecuted a certain Writ of the said late King Edward the 4th. of Right, against the said Richard Chamberlain, then being Tenant of the Free hold, of the Manors aforesaid with the appurtenaces, amongst other things, to the then Sheriff of the County of Buckingham directed: By which Writ, the said late King then and there commanded the said Sheriff, That he should command the said Richard Chamberlain, by the name of Richard Chamberlain, Esq. that justly, and without delay, he render to the said Richard Danvers, Alured, Nicholas, and William, by the names of Richard Danvers, Alured Gorneburgh Esq. Nicholas Stathum, and William Collow, the Manor aforesaid with the appurtenances, (amongst other) by the names of the Manors of Pettesho, and Eckney, with the appurtenances, & 6. Messages, 200. Acres o● Land, 20. Acres of Meadow, 200. Acres of Pasture, & 100 shillings Rend, with the appurtenances in Pettesho; Eckney, & Emberton, which he claimeth to be his Right & Inheritance: And whereupon they complained Chamberlain them unjustly deforced, and unless he do, and the aforesaid Richard Danvers, Alured, Nicholas, and William Collow, should him the said Sheri● secure to prosecute their claim, That then he summon by good summoners the aforesaid Richard Chamberlain, that he be before the then Justices of the said late King Edward the 4th. here, that is to say, at Westminster aforesaid, from the 15. day of St. John the Baptist, than nex● following, to show wherefore ye should not do, And that he have then this summons, and that Writ, Because Thomas Rokes, Esq. Chief Lord of the same Fee, remised thereof his Court to the said late King Edward the 4th. At which 15. days of John the Baptist, before Thomas Brian Kt. and his Companions, than Justices of the said late King Edward, the 4th. of the Bench here, that is to say, at Westminster aforesaid, came aswell the aforesaid Richard Danvers, Alured, Nicholas Stathum, and William Collow, by Thomas Gurney their Attorney, as the aforesaid Richard Chamberlain, by John Wildstall then his Attorney, And then the Sheriff of the aforesaid County of Buckingham, that is to say, Reginald Grace Esq. then there returned the Writ aforesaid, to him in form aforesaid directed, in all things served and executed, and sent, that the aforesaid Richard Danvers, Alured, Nicholas, and William Collow, found to the said then Sheriff, sureties to prosecute his Writ aforesaid, that is to say, Richard Do, and john Roose, And that the said Richard Chamberlain, was summoned by james Tye, and john Baker, good summoners, etc. And hereupon, The said Richard Danvers, Alured, Nicholas Stathum, and William Callow, by the said Thomas Gurney their Attorney, in the said Court of the aforesaid late King Edward the 4th. of the Bench here, that is to say, at Wostminster aforesaid, at the 15. days aforesaid, of St. john Baptist, Declared against the said Richard Chamberlain, of and upon their Writ aforesaid, and upon their Writ aforesaid by the same Thomas Gurney, demanded against the aforesaid Richard Chambrlain, the Manors, Tenements, & Rents aforesaid with the appurtenances, in the said Writ of Right specified, as their Right and inheritance, by the aforesaid Writ of the said late King Edward the 4th. because the aforesaid Thomas Rokes, Chief Lord of the same Fee, Released thereof his Court to the said late King, And whereupon then they said, That they themselves were seized of the Manors aforesaid, and of the Rents aforesaid with the appurtenances, in the said Writ of Right specified, in their Demesn as of Fee and Right, in the time of Peace, in the time of the said late King Edward the 4th. taking the profits thereof to the value, etc. And that such is their Right then, they did offer, etc. And the aforesaid Richard Chamberlain, by the aforesaid John Wildsta●e, by his Attorney, came and defended the Right of the said Richard Danvers, Alured, Nicholas, and William, when, etc. And their seisin, of which seisin, etc. as of Fee and Right, etc. And all, etc. And chief of the Manors, Tenements, and Rents aforesaid with the appurtenances, in the said Writ of Right specified, and then vouched hereof to warranty, Robert King, who was present in the same Court in his proper person, and willingly, the Manors, and Tenements, and Rents aforesaid with the appurtenances, in the said Writ of Right specified, to them then did warrant, etc. Whereupon the aforesaid Richard Danvers, Alured, Nicholas, and William, then demanded against the aforesaid Robert, Tenant by his warranty, the Manors, Tenements, and Hereditaments aforesaid, in the said Writ of Right specified, in form aforesaid, etc. And whereupon, then they said, That they themselves were seized o● the Manors, Tenements, and Rents aforesaid with the appurtenances, in their Demesn as of Fee and Right in the time of peace, in the time of the said late King Edward the 4th. taking thereof the profits to the value, etc. And the aforesaid Robert, Tenant by his warranty aforesaid, defended the right of the said Richard Danvers, Alured, Nicholas, and William, when, etc. And their seisin, of which seisin, etc. as of Fee and Right, and all, etc. And chief of the Manors, Tenements, and Rents aforesaid with the appurtenances, in the said Writ of Right specified. And then put himself on the grand Assize, of the said late King Edward the 4th. and then demanded Recognition to be made, whether he more right than had, to hold the Manors, Tenements, and Rents aforesaid, with the appurtenances, to him and his Heirs, as Tenant thereof by his warranty as he then held, or the aforesaid Richard Danvers, Alured, Nicholas, and William, to have the Manors, Tenements, and Rents aforesaid with the appurtenances, in the said Writ of Right specified, as they above them demanded, etc. And the aforesaid Richard Danvers, Alured, Nicholas, and William, then returned back in the same Court, the same very Term of Holy Trinity, in the year of the Reign of the said late King Edward the 4th. after the Conquest the 11th. by their then Attorney aforesaid, And the aforesaid Robert, solemnly called, did not come back, but departed in despite of Court, and made default, wherefore it was then granted by the same Court, That the aforesaid Richard Danvers, Alured, Nicholas, and William, should recover their seisin against the aforesaid Chamberlain, of the Manors, Tenements, and Rents aforesaid with the appurtenances, in the said Writ of Right specified, To hold to them and their Heirs, quietly from the aforesaid Richard Chamberlain and his Heirs; And that the aforesaid Richard Chamberlain, then should have of the Lands of the said Robert, to the value, etc. And that the said Robert, should then be in mercy, etc. as by the Record and Process thereof here in Court remaining it manifestly appeareth. Which Recovery in form aforesaid had, was had to the use and intent, that the aforesaid Alured, Richard Danvers, Nicholas Stathum, and William Collow, should give the Manors aforesaid with the appurtenances, to the aforesaid Richard Chamberlain, and Sibil, and the Heirs Males of the Body of the said Richard Chamberlain issuing: By Colour of which Recovery, the aforesaid Alured, Richard Danvers, Nicholas, and William Collow, into the Manors and Tenements aforesaid with the appurtenances entered, and were thereof seized in their Demesn as of Fee, to the use and intent aforesaid: And so thereof to the use and intent aforesaid being seized, The said Alured, Richard Danvers, William Stathum, and Willam Collow, give the aforesaid Manors with the appurtenances to the aforesaid Richard Chamberlain, and Sibil, By the names of Richard Chamberlain Esq. and Sibil Fowler, and the Heirs Males of the Body of the said Richard Chamberlain issuing, as the said Robert Chamberlain, by his Writ and Declaration aforesaid above supposeth: By which gift the aforesaid Richard Chamberlain, and Sibil, were seized of the Manors aforesaid with the appurtenances, that is to say, the said Richard Chamberlain, in his Demesn as of Fee Tail, that is to say, to him and the Heirs Males of his Body issuing, and the aforesaid Sibil, in her Demesn as of Free hold, for the term of her life, by the form of the gift aforesaid: And afterwards the said Richard Chamberlain, at Pettesho aforesaid, took to Wife the aforesaid Sibil, Great Grandmother of the aforesaid Robert Chamberlain, and had issue male of his Body issuing, the aforesaid Edward Chamberlain, and afterwards the said Richard Chamberlain, at Pettesho aforesaid died, and the aforesaid Sibil him overlived, and held herself in the Manors aforesaid with the appurtenances, and was thereof sole seized in her Demesn as of Free hold, for the Term of her life, by right of Survivor, etc. by the form of the gift aforesaid; And afterwards the said Sibil by her aforesaid Writing of Release, Remised, and released to the aforesaid Richard Lyster, Martin Linsey, John Cottesford, John Clayton, and William Hogeson, and Robert Tailor, all her Right, Claim, Title, State, Use, Interest and demand, of and in the Manors aforesaid with the appurtenances, in manner and form, as in the aforesaid Bar above is specified; And that afterwards, the said Sibil, at Pettesho aforesaid died: And from the aforesaid Richard, the right descended by the form, etc. to the aforesaid Edward, as Son and Heir, etc. And from the said Edward, the right descended by the form, etc. to the aforesaid Leonard, as Son and Heir, etc. And from the aforesaid Leonard, the right descended by the form, etc. to the aforesaid Francis, as Son and Heir, etc. And from the said Francis, the right descended by the form, etc. to the said Robert, who now demandeth as Son & Heir, etc. as he by his Writ and Declaration aforesaid supposeth: And this he is ready to aver, wherefore, for as much as by force of a certain Act of Parliament, in the Parliament of the late Lord King Henry the 7 th'. at Westminster aforesaid, in the County aforesaid, in the year of his Reign the 11 th'. holden, made, The aforesaid Warranty of the aforesaid Sibil, in form aforesaid made is altogether void, he demandeth Judgement and his seisin of the Manors aforesaid with the appurtenances, to be to him adjudged; And the aforesaid Warden or Rector, and Scholars say, That by the aforesaid Act in the aforesaid Parliament of the late King Henry the 7 th'. ●t Westminster aforesaid, in the year of his Reign the 11 th'. abovesaid, holden, made, It is provided, That the Act aforesaid, should not extend to any such Recovery, or discontinuance in which the Heirs next inheritable to such Woman, or where he or they who next after the death of the said Woman, had or should have the estate of Inheritance in the said Manors, Lands, and Tenements, should be assenting or agreeing to the aforesaid Recoveries, where the same assent or agreements are of Record, or enrolled, as by the said Act amongst other things it appeareth: And the said Warden, or Rector, and Scholars further say, That before the making of the said Writing of Release of the aforesaid Sibil, and after the death of the aforesaid Richard Chamberlain, Nicholas Evan Clerk, and Thomas Hartop Clerk, the Second Day of June, in the year of the Reign of the said late King Henry the 8th. after the Conquest, the 4th. out of the Court of the Chancery of the said late King, then being at Westminster aforesaid, sued forth an Original Writ of the said late King of Entry upon Disseisin in the Post, against the aforesaid Edward Chamberlain, of the Manors aforesaid with the appurtenances, to the then Sheriffs of the County of Buckingham directed, the said Edward, then being Tenant of the Freehold of the said Manors with the appurtenances, By which Writ, the said late King commanded the said Sheriff, That the said Sheriff should command the said Edward Chamberlain, by the name of Edward Chamberlain Esquire, that justly and without delay he render to the aforesaid Nicholas Evan, and Thomas Hartop Clerk, The Manors aforesaid with the appurtenances amongst other, by the names of the Manors of Pettesho, and Eckney with the appurtenances, and of 6. Messages, 200. Acres of Land, 20. Acres of Meadow, 200. Acres of Pasture, and 100 shillings of Rent, with the appurtenances, in Pettesho, Eckney, and Emberton, which the said Nicholas, and Thomas, then claimed to be their Right and Inheritance, and into which the said Edward Chamberlain had not entry, but after the disseisin which Hugh Hunt, thereof unjustly, and without Judgement did to the aforesaid Nicholas Evan, and Thomas Hartop, after the first passage of the Lord King Henry, Son of King John, into Gascoign as they said, and whereupon they complained, the said Edward Chamberlain, did them disseise, And if the aforesaid Nicholas, and Thomas Hartop, secure him the said Sheriff, to prosecute their Claim, Then he summon by good summoners, the aforesaid Edward Chamberlain, that he should be before the Justices of the said late King Henry the 8th. here, that is to say, at Westminster aforesaid, in the Morrow of St. John the Baptist, than next following, to show, why he did not do it, And that he have, than here, the summons, and that Writ, At which Morrow of St. John the Baptist, before Robert Read Kt. and his Companions, than Justices of the said late King Henry the 8th. of the Bench here, that is to say, at Westminster aforesaid, came aswell the aforesaid Nicholas Evan, and Thomas Hartop, by John Cowper then their Attorney, as the aforesaid Edward Chamberlain, by Thomas Palmer, than his Attorney. And the Sheriff, that is to say, Ralph Verney Esq. then returned here the Writ aforesaid, in all things served and executed, that is to say, that the aforesaid Nicholas, and Thomas, found to the then Sheriff sureties to prosecute his Suit aforesaid, that is to say, John Do, and Richard Roose; And that the aforesaid Edward Chamberlain, was summoned by John Den, and Richard Fen: And upon this the said Nicholas Evan, and Thomas Hartop, by declaring against the said Edward Chamberlain, upon the Writ aforesaid, Demanded against the said Edward Chamberlain, The Manors; Tenements, and Rents aforesaid with the appurtenances, as their Right and Inheritance, and in which the said Edward Chamberlain had not Entry, but after the first passage of the Lord King Henry, Son of King John, into Gascoign, etc. And whereupon, then they said, that they themselves were seized of the Manors, Tenements, and Rents aforesaid, in their Demesn as of Fee and Right, in the time of Peace, in the time of the said late King Henry the 8th. taking thereof the Profits to the value, etc. And unto which, etc. And thereof then they brought suit, etc. And the aforesaid Edward Chamberlain, by the aforesaid Thomas Palmer his Attorney, than defended his right when, etc. And then vouched thereof to warranty, Thomas Fish, who was then present in Court in his proper person, and willingly, the Manors, Tenements, and Rents aforesaid to him did warrant, and thereupon, the said Nicholas Evan, and Thomas Hartop, demanded against him the said Thomas Fish, than Tenant by his Warranty, The Manors, Tenements, and Rents aforesaid with the appurtenances, in form aforesaid, etc. And whereupon they then said, That they were seized of the Manors, Tenements, and Rents aforesaid with the appurtenances amongst other things, in their Demesn as of Fee and Right, in the time of Peace, in the time of the aforesaid late King Henry the 8th. taking the profits thereof to the value, etc. And the aforesaid Thomas Fish, Tenant by his Warranty aforesaid, then defended his Right when, etc. And then prayed licence thereof to imparl, and had it, etc. And afterwards, the very same Term, the aforesaid Nicholas Evan, and Thomas Hartop, returned back here into the Court aforesaid, of the said late King Henry the 8th. by their Attorney aforesaid, and the aforesaid Thomas Fish, Tenant by his warranty aforesaid, did not come back, but in despite of Court departed and made default, Therefore than it was granted by the aforesaid Court here, That the aforesaid Nicholas Evan, and Thomas Hartop, should recover their seisin against the said Edward Chamberlain, of the Manors, Tenements, and Rents aforesaid with the appurtenances, and that the said Edward should have of the Lands of the aforesaid Thomas Fish to the value, and that the said Thomas Fish should be in mercy, etc. as by the Record and Process thereof here in Court remaining, more fully appeareth. Which Recovery, in form aforesaid had, was had to the use and to the intent, That the aforesaid Nicholas Evan, and Thomas Hartop, of the Manors aforesaid with the appurtenances, should enfeoff the aforesaid Richard Lyster, Marti●, John Cottesford, John Clayton, William Hogeson, and Robert Tailor, To have and to hold to them and their Heirs for ever: By Colour of which Recovery, The aforesaid Nicholas Evan, and Thomas Hartop, into the Manors aforesaid with their appurtenances entered, and were thereof seized in their Demesn as Fee, and so being thereof seized, The said Nicholas, and Thomas Hartop, of the said Manors with the appurtenances, did 〈…〉 off the aforesaid Richard Lyster, Martin Li●s●y, John Cottesford, John Clayton, William Hogeson, and Robert Tailor, To have and to hold to them and their Heirs for ever: By virtue of which Feoffment, the said Richard Lyster, Martin, John Cottesford, John Clayton, William Hogeson, and Robert Taylor were seized of the same Manors with the appurtenances, in their Demesn as of Fee, and so thereof being seized, The aforesaid Sibil, in the life of the said Edw. for the better security of the said Richard Lyster, Martin, John Cottesford, John Clayton, William Hogeson, and Robert Tailor, in the Manors aforesaid with the appurtenances, according to Agreement between the same Edward and Sibil, first before the aforesaid Recovery had by her Writing aforesaid of Release, Remised, and Released to the aforesaid Richard Lyster, Martin, John Cottesford, John Clayton, William Hogeson, and Robert Tailor, all her Right, Claim, Title, State, Use, Interest, and demand of and in the Manors aforesaid with the appurtenances, in 〈…〉 ne'er and form, as they above have alleged. And this they are ready to aver. Whereupon they demand Judgement, And that the said Robert Chamberlain; from having his Action aforesaid, against them ●e ba●●ed. And the aforesaid Robert Chamberlain, ●y Protestation taking it, That the Recovery aforesaid, was not had to the use and intent, That the aforesaid Nicholas Evan, and Thomas Hartop, should infeoff the said Richard Lyster, Martin, John Cottesford, John Clayton, William Hogeson, and Robert Tailor, of the Manors aforesaid with the Appurtenances; By Protestation also, that the aforesaid Nicholas Evan, and Thomas Hartop, did not infeoff the foresaid Richard Lyster, Martin, John Cottesford, John Clayton, William Hogeson, and Robert Tailor, of the Manors aforesaid with the Appurtenances, By Protestation also, That the aforesaid Sibil, for the better security of the aforesaid Richard Lyster, Martin, John Cottesford, john Clayton, William Hogeson, and Robert Tailor, in the Manors aforesaid with the Appurtenances, according to Agreement between them the said Edward & Sibil, first before the aforesaid Recovery above supposed to be had, by her Writing of Release aforesaid, did not remise and release to the aforesaid Richard Lyster, Martin, john Cottesford, john Clayton, William Hogeson, and Robert Tailor, as the aforesaid Warden or Rector and Scholars, above in their rejoinder have alleged, By Protestation also, That the aforesaid Edward Chamberlain, at the day of the bringing of the Original Writ of the said Nicholas Evan, and Thomas Hartop, out of the Court of the Chancery, of the aforesaid late King Henry the 8th. that is to say, the second day of june, in the year of the Reign of the same late King, the 4th. or ever after was Tenant of the Freehold of the Manors aforesaid with the Appurtenances, For Plea, The said Robert Chamberlain saith, That the aforesaid P●e●, of the aforesaid Warden, or Rector, and Scholars, above by rejoinder pretended, is not sufficient in Law to bar him the said Robert, from having his Action aforesaid, against the aforesaid Warden, or Rector, and Scholars, aswel for that that the rejoinder is a Departure from the aforesaid Bar of them the Warden, or Rector, and Scholars, as for want of sufficient matter in the said rejoinder contained; And this he is ready to aver, wherefore, for want of a sufficient rejoinder of the said Warden, or Rector, & Scholars, in this part. The said Robert Chamberlain, as at first, demandeth Judgement, & seisin of the Manors aforesaid with the Appurtenances to him to be adjudged, etc. And the Warden, or Rector, & Scholars, in as much as they sufficient matter in Law to bar the aforesaid Robert from having his Action aforesaid against them the Warden, or Rector, and Scholars, above by rejoining have alleged, which they are ready to aver, which matter the aforesaid Robert doth not deny, nor to the same any ways Answereth, so to admit of the same averment altogether refused, as at first demand Judgement, And that the aforesaid Robert Chamberlain, to have his Action aforesaid be barred: And because the Justices here will avise themselves of and upon the premises, before that they give their Judgement thereof, Day is given to the parties aforesaid here, until in 8. days of St. Hillary, to hear their Judgement, because that the said Justices here thereof not yet, etc. At which Day, come aswell the aforesaid Robert, as the aforesaid Warden, or Rector, & Scholars, by their Attorney's aforesaid, And because the Justices here, will further avise themselves of & upon the premises, before they give their Judgement thereof, Day further is given to the parties aforesaid, here until from the day of Easter, in 15. Days, to hear their Judgement thereof, because the said Justices here thereof are not yet, etc. At which day, here come aswell the aforesaid Robert, as the aforesaid Warden, or Rector, and Scholars, by their Attorney's aforesaid: And because the Justices here, will further avise themselves of and upon the premises, before they give their Judgement thereof, further Day is given to the parties aforesaid here until in the Morrow of the Holy Trinity, to hear their Judgement thereof, because the said Justices here are thereof not yet. At which Day, here come aswell the aforesaid Robert, as the aforesaid Warden, or Rector, and Scholars by their Attorney's aforesaid, and because the Justices here will further avise themselves of & upon the Premise●, before they give their Judgement thereof, further day is given to parties aforesaid here, until in 8. days of St. Michael, to hear their Judgement thereof, because the same Justices here thereof are not yet, etc. At which day, here come aswell the aforesaid Robert, as the aforesaid Warden, or Rector, and Scholars, by their Attorney's aforesaid; And upon this the premises being seen, and by the Justices here fully understood, It seemeth to the same Justices here, That the Plea of the aforesaid Warden, or Rector, and Scholars, above by rejoinder pretended, is sufficient in Law, to bar the said Robert to have his Action aforesaid, against the aforesaid Warden, or Rector, and Scholars; Therefore it is granted, That the aforesaid Robert take nothing by his Writ aforesaid, & that he be in Mercy for his false Clamour; And that the aforesaid Warden, or Rector, and Scholars, go thereof without Day, etc.    

Indictment.  

At the Sessions of Gaol Delivery at Newgate, 5 to. Decembris, in the 8 th'. Year of King JAMES, Machalleys Case, Co. 9 part. fol. 61. b.  
AT the Sessions of Gaol Delivery of Newgate, holden for the City of London, at the Justice Hall in the Old Bailie, in the Parish of St. Sepulchre without Newgate, in the Suburbs of the said City, upon Wednesday the 5th. day of December, in the year of the Reign of the Lord James, by the Grace of God, of England, France, and Ireland King, Defender of the Faith, the 8th. and of Scotland, the 44th. Before William Craven Knight, Mayor of the City aforesaid, Thomas Fleming Knight, Chief Justice of the said Lord the King, to Pleas before the King himself to be holden assigned, George Snigg Knight, one of the Barons of the Exchequer of the said Lord the King▪ John Croke Knight, one of the Justices of the said Lord the King, to Pleas, before the King himself to be holden assigned, Thomas Foster Knight, one of the Justices of the said Lord the King of the Bench, Edward Bromley Knight, one of the Barons of the said Lord the King of his Exchequer aforesaid, John Sotherton, another Baron of his Exchequer aforesaid, Henry Montague Knight, Recorder of his said City of London, and other of his Companions Justices of the said Lo●d the King, by Letters Patents of the said Lord the King to them and others, and to any 4. or more of them thereof made, To inquire, by the Oaths of good and lawful men of the City London, aswel within liberties as without, by whom the truth of the matter might best be known, of what Treasons soever, Misprisions of Treasons, Insurrections, Rebellions, And of whatsoever, Murders, Felonies, Man slaughters, Killings, Burglaries, Misdeeds, Offences, and Injuries whatsoever, within the City aforesaid committed, in the said Letters Patents specified, and to the said Treasons, and other the premises, according to the Law and Custom of the Kingdom of the Lord the King of England, to hear and determine. As also Justices of the said Lord the King, to Gaol delivery of Prisoners, there being assigned, by the Oaths of Ralph Edmunds, Leonard Harwood, John Frost, Edward Dames, John Lyssant, Francis Barton, Edward Parnell, Thomas Hyet, Henry Kent, Edward Motley, Humphrey Lee, Richard Westcot, William Fairbrother, Edward Faweet, and Thomas Smith, good and lawful men of the City aforesaid, It is presented, That whereas upon Saturday the 17th. day of November, in the year of the Reign of our Lord James, by the Grace of God, of England, France, and Ireland King, defender of the Faith, etc. the 8th. and of Scotland the 44th. in the Court of the Lord the King, before Richard Pyot, Alderman, then, and as yet one of the Sheriffs of the City of London aforesaid, in his Compter, situate in the Parish of St. Michael in Woodstreet London aforesaid, according to the Custom of the City aforesaid then holden, one Robert Radford, had leeved a certain Plaint, upon a Plea of Debt of demand of 500 hundred pounds, against one John Murray, of London Esq. The Tenor of which Plaint followeth in these words, that is to say, john Murray, summon against Robert Radford Salter, in a Plea of Debt upon demand 500 hundred pounds; And thereupon the aforesaid Robert Radford, demanded process against the said john Murray, according to the Custom of the City aforesaid to be seved: Upon which, at the Request of the said Robert Radford, in this sort, in the same Court it was proceeded. That the aforesaid Richard ●yot then, and yet one of the Sheriffs of the City aforesaid, To one Richard Fells, than one of the Sergeants at Mace of the Sheriff, and Minister of the Court aforesaid, by word of mouth, according to the Custom of the City aforesaid, Commanded that he the said Sergeant at Mace, should take and arrest the aforesaid john Murray, by his Body, if he should be found within the Liberties of the City aforesaid, so as he have the Body of the said john Murray, at the next Court of the said Lord the King, at the Guild-hall of the City aforesaid, situate in the Parish of St. Laurence, in the Old jury, in the Ward of Cheap London aforesaid, upon Wednesday, the 21. day of November, in the 8. and 44th. aforesaid to be holden, to answer the aforesaid Robert Radford, in the Plea of his Plaint aforesaid, By virtue of which Command, The said Richard Fells, The said john Murray afterwards, that is to say, the 18th. day of the said month of November, in the said years of the Lord the King that now is, the 8th. and 44th. abovesaid, between the hour of 5. and 6. in the Afternoon of the same day, At London aforesaid, That is to say, in the Parish of St. Martin Bowyer Row, in the Ward of Farrington, within London aforesaid, in the Common Kings high Way, there by his Body took and arrested, and then and there had in his custody, And the aforesaid john Murrey, so under the custody of the said Richard Fells, by virtue of the Command aforesaid, then and there (as before is said) being, It so then and there happened, That the said john Murray, late of London Esquire, otherwise called John Murray of London Esquire, one john Mackall, late of London Yeoman, otherwise called john Maokallay, late of London Yeoman, one john Engles, late of London Yeoman, otherwise called john English, late of London Yeoman, and one Archibald Miller, late of London Yeoman, not having the Fear of God before their eyes, but moved and seduced by the instigation of the Devil, with Force and Arms, that is to say, with Swords, etc. to the intent him the said john Murray, from his arrest aforesaid, then and there to rescous in and upon the aforesaid Richard Fells, then & there made an assault & affray, in which said affray, The aforesaid john Mackall, otherwise called, john Mackalley, with a sword is called a Rapier, made of Iron and Steel, of the value of 12. pence, wherehe the said john Mackall, otherwise called john Mackalley in his right hand then and there had and held, the said Richard Fells, in and upon the left part of his Body, under the left shoulderblade of the said Richard, feloniously, voluntarily, and of malice forethought then and there struck and thrust in, giving to the said Richard Fells, then and there with the sword aforesaid, called a Rapier, in and upon the left part of his Body, under the left shoulder, one blow and wound mortal, of the length of half an Inch, and of breadth of half an Inch, and of depth 6. Inches, of which said stroke, and mortal wound aforesaid, the aforesaid Richard Fells then and there, that is to say, in the Parish and Ward last aforesaid, presently died: And further, The Jurors aforesaid present, That the aforesaid John Murray, late of London Esquire, otherwise called John Murry, late of London Esquire, The aforesaid John Engles, late of London Yeoman, otherwise called John English, late of London Yeoman, and the aforesaid Archibald Miller, late of London Yeoman, the said 18th. day of November, in the years 8th. and 44th. abovesaid, between the Hours aforesaid, in the Parish, Ward, and place last aforesaid, felonionly, voluntarily, and of their forethought malice were present, fighting, procuring, helping, abetting, and comforting the aforesaid John Mackall, late of London Yeoman, otherwise called John Mackalley, late of London Yeoman, to the aforesaid Richard Fells in manner and form aforesaid to be killed and murdered; And so the Jurors aforesaid say, That the aforesaid John Mackall, late of London Yeoman, otherwise called John Mackalley, late of London Yeoman, John Murray, late of London Esquire, otherwise called John Murry, late of London Esquire, John Engles, late of London Yeoman, otherwise called, John English, late of London Yeoman, and Archibald Miller, late of London Yeoman, the aforesaid Richard Fells, at London aforesaid, that is to say, in the Parish and Ward last aforesaid, feloniously, voluntarily, and of their forethought malice, in manner aforesaid killed and murdered, against the peace of the Lord the King that now is, his Crown and dignity, etc. And upon this, at the self same Sessions before the aforesaid Justices, the aforesaid John Murray, otherwise Murry, John Mackal, otherwise Mackalley, Io. Engles, otherwise English, & Archibald Miller, in the Custody of the said Richard Pyot, and Francis Jones, Sheriffs of the City aforesaid, being in the Gaol of Newgate aforesaid, to the bar there brought, in their proper persons came, and severally being asked, how of the Felony and Murder aforesaid they would acquit themselves, Every one of them for himself severally said, that he is not thereof guilty, And thereof for good and ill, severally put himself upon the Country; And Richard Langley Esq. who in this behalf followeth for the Lord the King likewise; Therefore immediately came a Jury thereof, and the Jurors of that Jury, by the Sheriffs aforesaid, of the City aforesaid Impanelled, being called, that is to say, Wil Morgan, Tho. Dalbit, Tho. Evans, Tho. Austin, Solomon Green, Wil Chewn, William Ellil, Metcalse Allington, john Drake, Wil Taylor, Owen Dames, and Tho. Damport, appeared, who to speak the truth of and upon the premises, chosen, tried, and sworn, say upon their Oath, That the City of London is, and all the time whereof the memory of men is not to the contrary, was an ancient City; And that within the City aforesaid, all the time aforesaid, there was a Court of Record holden in the Compter, situate in the Parish of St. Michael, in Woodstreet aforesaid, before one of the Sheriffs of the City aforesaid, for the time being, And that within the City aforesaid, there is such, and from the whole time aforesaid, there was such a Custom, That in the aforesaid Court, All and singular persons from the whole time aforesaid, were used to levy Plaints of Pleas of Debt, amounting to whasoever sum against any person whomsoever, and to cause the same Plaints to be entied in a Book of the Porter of the Compter aforesaid, and that from the whole time aforesaid, there was, and is a Porter of the Compter aforesaid, which Porter of the Compter aforesaid, for the time being, from the whole time aforesaid, was an Officer of one of the Sheriffs of the City aforesaid, to enter Plaints in form aforesaid levied in the book of the Porter of the Compter aforesaid, against any person whasoever, at the suit of any person whatsoever, in Pleas of Debt, amounting to what sum soever, in a certain short and summary manner. And that the Plaints aforesaid, in the Book of the Porter aforesaid entered, from the whole time aforesaid, used to be transferred and entered of Record, in the Rolls of the Court aforesaid, in due form of Law, within reasonable and convenient time after the entry of the same in the Book of the Porter aforesaid; And that in the City aforesaid, there is, and for the whole time aforesaid there was a Custom, That any person being a Sergeant at Mace of the said Sheriff, and Minister of the Court aforesaid, at the request of the party, whose Plaints so are levied of Office, it was used after the Entry of the same Plaints, in the Book of the Porter aforesaid, aswell before the Entry of the same Plaints, in the Rolls of the Court aforesaid, as after the Entry thereof in the Rolls of the Court aforesaid, to take and arrest by his Body, any such person against whom such Plaints was levied, to answer to the Plaint of such person, without any other Command by word of mouth, or otherwise, to such Sergeant at Mace, and Minister of the Court aforesaid in that behalf directed, or to be directed: And the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid Saturday the 17th day of November, in the year of our Lord, 1610. The aforesaid Robert Radford, Citizen of London, requested the aforesaid Richard Fells, than one of the Sergeants at Mace of the said Richard Pyot, than one of the Sheriffs of the City aforesaid, That he the said Richard Fells would cause to be levied a Plaint of Debt of 500 pounds, in the Comptor aforesaid, at the Suit of the said Robert Radford, against the aforesaid John Murray Esquire, and thereupon would arrest the aforesaid John Murray, to answer to the aforesaid Robert Radford, in the Plaint aforesaid; And the said Richard Fells thereupon was at the said Compter, in the Parish of St. Michael in Woodstreet aforesaid, and there the said 17th. day of November, in 8th. and 44th. years' aforesaid, caused to be levied a Plaint of Debt of 500 pounds, against the aforesaid John Murray, at the Suit of the aforesaid Robert Radford, which Plaint then was entered in the Porter's Book of the Compter aforesaid, as in the like cases usually it is, and according to the Custom aforesaid in these words. ss. John Murray Esquire, against Robert Radford Salter, Debt. 500 pounds, Pledges Fleat Streat by Robert Fells Sergeant: Which Plaint afterwards was entered of Record in the Rolls of the Court of the Compter aforesaid, in these words. ss. Saturday the 17th. day of November, in the year of the Reign of King James, of England, France, and Ireland, 8th. and of Scotland the 44th. John Murray Esquire, S. against Robert Radford Salter, in a Plea of Debt upon demand 500 pounds, Pledges of following the Suit, John Fleat, and Richard Streat, by Fells Sergeant, etc. But the Jurors aforesaid, upon their Oath say, That the Entry aforesaid, in the Rolls of the Court aforesaid made, was upon Monday the 19th. day of November, in the years 8th. and 44th. aforesaid, and not before. And that the said Richard Fells, upon Sunday the said 18th. day of November, with 3. other Officers in his Company, stayed about the Gate called Ludgate, within the Liberties of the City aforesaid, by virtue of the Plaint aforesaid, to arrest the aforesaid John Murray as he should pass by: And afterwards when the said John Murray, between the hours of 5. and 6. in the Afternoon of the said 18. day of November, walked, and passed, by, and through Ludgate aforesaid, in the Common King's Highway, with 6. other Persons in his Company (the said Persons being armed) The said Richard Fells, then being one of the Sergeants at Mace, of the said Richard Pyot, than one of the Sheriffs of the City aforesaid sworn and known, and Minister of the Court aforesaid, near Ludgate, in the said Common King's Highway, in the aforesaid Parish of St. Martin Bowyer Row, in the aforesaid Ward of Farrington within London aforesaid, came to the said John Murray, and him the said John then and there within the Arms of the said Richard, by virtue of the premises took and held, and to the said John Murray, as in the words following presently said; I, him the said Richard Fells meaning, Arrest you, meaning the said I▪ Murray, in the King's Name, at the suit of Mr. Radford, the said ●. Radford, in the Plaint aforesaid named, meaning: But the said Jurors say, That the aforesaid Richard Fells, at the time of the Arrest aforesaid, did not show to the said John Murray any Warrant, or his Mace, but say, That the aforesaid Richard Fells, then carried and had at the back of the said Richard, his Mace, and that none of the Officers aforesaid who came in the Company of the said Richard Fells, any Weapon than had, And the said John Murray looking about him, and striving with the said Richard ●ells, the● and there said to those persons who came in the Company of the s●id John Murray, in these English words; Draw, Draw Rogues, upon which the said John Mackal, otherwise Mackalley, and John Engles, otherwise English, then and there being in the Company of the said John Murray, drew their Rapiers, And the said Richard Fells, then being fallen upon the ground, and the said Richard Fells lying uppermost, The said Joh. Mackall, otherwise Mackalley, with his Rapier drawn, run to the said Richard Fells, then and there to rescue the said Murray from the Arrest aforesaid, and with his Sword aforesaid, the said Richard Fells struck, and thrust in, giving unto the said Richard Fells, in and upon the left part of his Body, under the left shoulder▪ blade of the said Richard, the stroke and mortal wound in the Indictment aforesaid mentioned, of which wound the said Richard Fells, then and there, that is to say, in the Parish and Ward last aforesaid instantly died: And further the Jurors aforesaid say, That at the time of the Killing of the aforesaid Rich. Fells, in manner and form aforesaid, The said Jo. Murray, and John Engles, otherwise English, were present, & aiding to the said John Mackall, otherwise Mackalley, to him the said Richard Fells, in manner aforesaid to be killed; But whether upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, The kill aforesaid of the said Richard Fells, in form aforesaid done, be Murder or not, the Jurors aforesaid do not know, And thereof demand the Advise of the Justices and Court here, and if upon the whole matter aforesaid, It shall seem to the Justices and Court here, That the aforesaid kill of the aforesaid Richard Fells be Murder, Then the Jurors aforesaid say upon their Oath aforesaid, That the aforesaid John Murray, John Mackally, and john English, are guilty, and every one of them is guilty of the Murder of the said Richard Fells, in manner and form, as by the Indictment aforesaid against them it is supposed; And that they at the time of Murder aforesaid, in form aforesaid committed, had no Goods or Chattels, Lands or Tenements, to the knowledge of the Jurors aforesaid: And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Justices and Court here, That the aforesaid kill of the aforesaid Richard Fells, in form aforesaid committed, be not Murder, Then the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid john Murray, john Mackall, and john Engles, are not guilty, nor any of them is guilty, of the Murder of the aforesaid Richard Fells, as they have alleged, nor for that occasion ever withdrew themselves, or any of them withdrew himself: And if upon the whole matter aforesaid, in form foresaid found, It shall seem to the Justices and Court here, That the kill of the aforesaid Richard Fells, in form aforesaid done, be Felony or Manslaughter, Then the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid john Murray, john Mackall, and john Engles are guilty, and every of them is guilty of the Felony and Manslaughter aforesaid, And that they have no good● nor Chattels, Lands or Tenements. And further, the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid Archibald Miller, in the said Indictment named, of the Felony and Murder aforesaid is not guilty, nor for that occasion ever withdrew himself. Therefore it is considered by the Court, That the aforesaid Archibald Miller, go thereof acquitted without day, etc. And because the Court here, of giving their Judgement of and upon the premises, concerning the aforesaid john Murray, john Mackall, and john Engles, are not yet avised, Day is given to the aforesaid john Murray, john Mackall, and john Engles, until the next Sessions of Gaol Delivery aforesaid, for the aforesaid City to be holden, under the Custody of the aforesaid Sheriffs, in the mean while committed safely to be kept, for to hear their Judgement thereof, etc. And because the Justice's aforesaid are not yet, etc.   

Indictments.  
The Record of the Conviction of Carliel, and others.  
The Lord Sanchars' Case, C. 9 part. fol. 114.  
THE Inquisition taken at the Sessions of the Peace of the Lord the King for the City of London, at the Guild-hall of the City of London aforesaid, upon Wednesday the 27th. day of May, In the year of the Reign of our Lord james by the Grace of God of England, France, and Ireland King, Defender of the Faith, etc. the 10th. and of Scotland the 45th. before James Pemberton Knight, Mayor of the City of London aforesaid, Stephen Soan Knight, John Garrad Knight, Thomas Bennet Knight, Thomas Low Knight, Henry Row Knight, and Henry Montague Knight, one of the Sergeants at Law of the Lord the King, and Recorder of the said City, Justices of the said Lord the King to the Peace in the City aforesaid to be kept, As also to divers Felonies, Trespasses, and misdeeds in the said City committed, to hear & determine assigned, by the oaths of William Palmer, John Pemberton, Edward Bishop, John Harrison, William Erbury, Thomas Nicholson, Humphrey Waterson, John Woodhall, Zachary Healing, Richard Downes, Thomas Eagles, Thomas Dennis, Richard Tailor, Meredith ●roughton, and Ralph Hanson, good and lawful men of the Body of the City aforesaid, Who say upon their Oath aforesaid, That Robert Carliel, late of London Yeoman, and John Jrweng, late of London aforesaid Yeoman, Not having God before their Eyes, but moved and seduced by the Instigation of the Devil, The 11th. day of May, in the year of the Reign of our Lord James, by the Grace of God of England, France, and Ireland King, Defender of the Faith, etc. and of Scotland the 45th. at London aforesaid, that is to say, in the Parish of St. Dunston in the East, in the Ward of Farrington without London aforesaid, with force and Arms, etc. Feloniously on their fore though Malice in and upon one John Turner, then and there being in the Peace of God, and of the said Lord the King, made an assault and an affray: And the aforesaid Robert Carliel, a certain Gun, called a Pistol, of the value of 5. shillings, then and there charged with Gunpowder, and one leaden Bullet, which Gun, the aforesaid Robert Carliel, in his Right Hand then and there had, and held, in and upon the aforesaid John Turner, then and there Feloniously, voluntarily, and of his forethought Malice did shoot off and discharge. And the aforesaid Robert Carliel, with the leaden Bullet aforesaid, from the Gun aforesaid then and there sent out, the aforesaid John Turner, in and upon the Left part of the Body of him the said John Turner, near the Left Pap of the said John Turner, then and there feloniously struck, giving to the said John Turner, then and there with the leaden Bullet aforesaid, out of the Gun aforesaid, then and there sent out, in and upon the aforesaid Left part of the Body of the said john Turner, near the aforesaid Left Pap of the said john Turner one mortal Wound, of the Breadth of half of one Inch, and in the Depth of 5. Inches, of which mortal Wound, the aforesaid john Turner, at London aforesaid, in the Parish and Ward aforesaid instantly died, And that james Irweng Feloniously, and of his forethought Malice then and there was present, adjoining, assisting, abetting, comforting, and maintaining the aforesaid Robert Carliel, to the Felony and Murder aforesaid, in form aforesaid Feloniously to be done and committed; And so the Jurors aforesaid, upon their Oath aforesaid say, That the aforesaid ●obert Carliel, and james Irweng, the aforesaid john Turner at London aforesaid, in the Parish and Ward aforesaid, in manner and form aforesaid, Feloniously, Voluntarily, and of their forethought Malice did kill and murder, contrary to the Peace of the Lord the King that now is, his Crown and Dignity, etc. And afterwards, That is to say, at the Gaol Delivery of the Lord the King at Newgate, holden by the City of London aforesaid, at the Justice Hall, situate in the Old Baly, in the Parish of St. Sepulchre, in the Ward of Farrington without London aforesaid, the 23d. day of june, in the year of the Reign of the said our Lord james, by the Grace of God of England, France, and Ireland the 10th. and of Scotland the 45th. before james Pemberton Knight, Mayor of the City of London aforesaid▪ The right Reverend Father in God, john Bishop of London, Thomas Fleming Knight, Lord Chief Justice of the Lord the King to Pleas, before the King himself to be holden assigned, Edward Coke Kt. Chief Justice of the said Lord the King, of the Bench, Laurence Tanfeild Knight, Chief Baron of the Exchequer of the Lord the King, Christopher Yeluerton Knight, one of the Justices of the said Lord the King to Pleas, before the King himself to be holden assigned, David William's Knight, another of the Justices of the said Lord the King to Pleas, before the King himself to be holden assigned, John Croke Knight, another of the Justices of the said Lord the King to Pleas, to be holden before the King himself to be holden assigned, Stephen Soan Knight, John Garrard Knight, Thomas Bennet Knight, Baptist Hicks Knight, Francis Bacon, Solicitor General of the Lord the King, Henry Montague Knight, one of the King's Sergeants at Law, and Recorder of the City of London aforesaid, and other their Fellows Justices of the Lord the King, To his Gaol aforesaid of Prisoners, in the same being to be delivered assigned, The aforesaid Robert Carliel, and James Irweng, under the custody of Edward Barkham, and George Smythes, Sheriffs of the City aforesaid, to the Bar aforesaid brought, in their proper persons came, and severally being asked, how of the Felony and Murder aforesaid they would acquit themselves, The said Robert Carliel saith, That he cannot deny, but that he is guilty of the Felony and Murder aforesaid, to him in form aforesaid imposed, and the Felony and Murder aforesaid expressly confesseth, and thereof putteth himself upon the Mercy of the King; and the aforesaid James Irweng saith, That he of the Felony and Murder aforesaid, to him in form aforesaid imposed, is not guilty, and thereof for good and ill puts himself upon the Country. Therefore immediately he cause a Jury to come, etc. And the Jurors of the Jury aforesaid, by the aforesaid Sheriffs of the City aforesaid, to this impanelled being called, that is to say, Humphrey Slucy, William Morgan, Roland Healing, Hugh Hawesh, Henry Colthurst, William Hicks, William Hayes, Richard Bridges, William wild, John Palmer, Solomon Green, and Richard Rudd, came, who to say the truth of and upon the premises, to the said james Irweng imposed, chosen, tried, and sworn, say upon their Oath aforesaid, That the aforesaid John Irweng is guilty of the Felony and Murder, to him in form aforesaid imposed, in manner and form, as by the indictment aforesaid against them it is supposed; And that he, the time of the Felony and Murder aforesaid, in form aforesaid committed, or ever after had no Goods or Chattels, Lands or Tenements, to the knowledge of the Jurors aforesaid: Upon which, the said Robert Carliel, and james Irweng being severally spoken unto, If they had any thing for themselves, or could say, Wherefore the Court aforesaid, to Judgement and Execution of them and either of them of the premises ought not to proceed, who said nothing, but what at first they had said, Upon which, then and there, It is considered by the said Justices, That the aforesaid Robert Carliel, and James Irweng, to the Gaol of Newgate aforesaid from whence they came should be sent back, and thence be lead, and either of them be lead unto the place of Execution, and there be hanged, and either of them be hanged, until, etc.   

The Indictment of Robert Creighton, Esq.  
THE Jurors present, for the Lord the King upon their Oath, That 
Middle.  whereas Robert Carliel late of London Yeoman, and James Irweng late of London Yeoman, Not having God before their Eyes, but seduced by the instigation of the Devil, the 11th. day of May, in the year of the Reign of our Lord James by the Grace of God, of England, France, and Ireland King, Defender of the Faith, etc. and of Scotland the 45th. at London, that is to say, in the Parish of St. Dunston in the West, in the Ward of Farrington without London aforesaid, etc. with Force and Arms, etc. Feloniously, and of their forethought Malice, in and upon one John Turner, then and there in the Peace of God, and of the said Lord the King being, made an Aassult and Affray, And the aforesaid Robert Carliel, a certain Gun called a Pistol, of the value of 5. shillings, then and there charged with Gunpowder, and one leaden Bullet, which Gun, the said Robert Carliel, in his Right Hand then and there had, and held, in and upon the aforesaid John Turner, then and there Feloniously, Voluntarily, and of his Malice forethought, did shoot off and discharge, And the aforesaid Robert Carliel, with the leaden Bullet aforesaid, from the Gun aforesaid, then and there sent out, the aforesaid john Turner, in and upon the left part of the Body of him the said john Turner then and there feloniously struck, giving to the said john Turner, then and there with the leaden Bullet aforesaid, near the left pap of him the said john Turner, one mortal Wound, of the Breadth of half an inch, and Depth of 5. inches, of which mortal Wound, the aforesaid john Turner at London aforesaid, in the Parish and Ward aforesaid, instantly died, And that James Irweng, Feloniously, and of his forethought Malice then and there was present, aiding, assisting, abetting, comforting and maintaining the aforesaid Robert Carliel, to the Felony and Murder aforesaid, in form aforesaid to be done and committed, And so the aforesaid Robert Carliel, and James Irwenge, the aforesaid John Turner, at London aforesaid, in the Parish and Ward aforesaid, in manner and form aforesaid, Feloniously, Voluntarily, and of their forethought Malice killed and Murdered, against the Peace of the Lord the King that now is, his Crown and Dignity, one Robert Creighton, late of the Parish of St. Margaret in the County of Westminster Esquire, not having God before his Eyes, but being seduced by the Instigation of the Devil, before the Felony and Murder aforesaid, by the aforesaid Robert Carliel, and James Irweng, in manner and form aforesaid done and committed, that is to say, the 10th. day of May, in the year of the Reign of our Lord James by the Grace of God of England, France, and Ireland King, Defender of the Faith, the 10th. and of Scotland the 45th. the aforesaid Robert Carliel, at the aforesaid Parish of St. Margaret in Westminster aforesaid, in the County of Middlesex aforesaid, to the Felony and Murder aforesaid, in manner and form aforesaid, done and committed, Maliciously, Feloniously, Voluntarily, and of his forethought Malice, did stir up, abet, counsel, and procure, against the Peace of the said Lord the King that now is, his Crown and Dignity, etc.  
By Indictments, Trinitat. 10. of King James.    

Information.  
In the remembrances of the Exchequer, of the 34 th'. year of Queen Elizabeth, that is to say, Amongst the Records of the Term of St. Hillary, in the year aforesaid, Rot 149. remaining in the Exchequer, in the Custody of the Queen's Remembrancer there, amongst other things, it is contained, thus,  

Porter's Case, C. 1. part. fol. 16. b.  
MEmorandum, That John Popham Esquire, the Queen's Attorney General, 
Lond. ss.  who followeth for the Lady the Queen being present in this Court the 3d. day of February, for the Queen gave the Court to understand and be informed, That whereas, All that the Key and Wharf, called the Old Woolkey, and all Messages, Buildings, Lands, Advantages, Commodities, and Profits, to the same any way belonging, or appertaining, situate and being in the Parish of All Saints Barking, in the City of London, in the hands and possession of the said Lady the Queen that now is, the 26●h. day of january in the year of her Reign the 34th. and long before were and stood, and of Right aught to be, as in the Right of her Crown of England, as in very many Records, Rolls, and Remembrances of this Exchequer, it more fully appeareth of Record; Yet one john Porter Fishmonger, and Henry Cockain, the Laws of the said Lady the Queen that now is, little regarding, but indending the dissenherisin of the Lady the Queen in the premises, with Force and Arms▪ etc. the aforesaid 26th. day of January, in the 34th. year aforesaid, in and upon the possession of the said Lady the Queen that now is of the Premises, Entered, Intruded, and made Entry, And the issues and profits thereof arising took and had to their own uses, and d● yet take and have, the Trespass aforesaid hitherto and yet continuing, in contempt of the said Lady the Queen, and contrary to her Laws. Whereupon the aforesaid Attorney General, of the said Lady the Quen that now is, for the said Lady the Queen prayeth the advice of the Court in the premises: And that the aforesaid john Porter, and Henry Cockain, come here to answer the said Lady the Queen in the premises: Upon which, &c And the aforesaid Sheriffs of the said City of London, that they attatch the said John and Henry, in form aforesaid, so as, etc. in 8. days of the Purification of the blessed Mary the Virgin this Term: Before which day, that is to say, the 4th. day of February, The aforesaid John Porter, here in Court found, and of the premises by the Barons here be spoken to of the premises, is committed to the Prison of the Lady the Queen of the Fleet, there to stay, until, etc. And presently the same day brought hither to the bar by the Warden of the Prison aforesaid, by favour of the Court was let to bail to Henry Cockain of the Parish of All Saints Barking, and Robert Dodd of the Parish of St. Buttolph, without Algate London, that is to say, to every of them Body for Body, until the next day, and so from day to day, and from Term to Term, until, etc. By Colour of which Bail, the said John Porter, from the Prison aforesaid is delivered, And thereupon came then here, the said john Porter, and Henry Cockain, that is to say, the said john Porter in his proper person, and the aforesaid Henry Cockain, by Arthur Salway, his Attorney specially admitted by the favour of the Court. And pray, etc. the hearing of the Information aforesaid: And it is read unto them; Which being read, and by them understood, The said john Porter and Henry complain them to be by colour of the premises in the Information specified, to be grievously troubled and inquieted, and that not justly, For taking it by Protestation, that the Information aforesaid, and the matter in the same contaned, is not sufficient in Law, To which they have not necessity by the Law of the Land to Answer, Yet for Plea, as to the Force and Arms, and what is contrary to the Peace of the said Lady the Queen, or in contempt of the said Lady the Queen, The said John Porter, and Henry say, in nothing thereof they are guilty, nor any of them is guilty. And of this they put themselves upon the Country: And the aforesaid Attorney General likewise, and as to the Entry, Intrusion, and ingress in all that the aforesaid Key and Wharf, called the Old Woolkey, and the aforesaid Messages, Buildings, and other premises with the appurtenances, in the Information above specified supposed to be done, The said John Porter, and Henry say, That the said Lady the Queen that now is, them the the said john Porter, and Henry, or any of them thereof ought not to trouble: Because they say, That long before the aforesaid 26th. day of January, in the said Information mentioned, One the Lady Avicen knevet Widow, late the Wife of Nicholas Gibson of London Grocer, was seized of and in all that aforesaid Key and Wharf, and other the premises with the appurtenances, in the said Information specified, in her demesn as of Fee, And so being seized, The said Lady Avicen before the time in which it is supposed the Entry, Intrusion, and Ingress to be done, that is to say, the 13th. day of April, in the Reign of the Lord Edward, late King of England the Sixth, at London, in the Parish of All Saints Barking aforesaid, in the Ward of the Tower of London, Demised all that the aforesaid Key and Wharf, and other the premises with the appurtenances, to one Bartholomew Gibbs, To have to him and his Assigns, from the Feast of the Birth of our Lord, in the year of our Lord, 1566. from thence next ensuing, unto the end and Term of 40. years, from thence next following and fully to be ended; By virtue of which Demise, the aforesaid Bartholomew, after the aforesaid Feast of the Birth of our Lord, in the aforesaid year of our Lord, 1566. and before the aforesaid time in which, etc. entered, and was thereof possessed, and so being thereof possessed, The said Bartholomew, before the time in which, etc. that is to say, the First Day of January, in the year of our Lord, 1552. at London aforesaid, in the Parish and Ward aforesaid, made his Testament and Last Will in Writing, and of the same his Testament and Last Will made and constituted one Alice his then Wife his Executrix, And afterwards the said Bartholomew, the same Day and Year there died, of all the aforesaid Key and Wharf, and other the premises with the appurtenances possessed, After whose Death, and before the time in which, etc. the same Alice, taking upon her the Charge and Execution of the Testament and Last Will aforesaid, in all the aforesaid Key and Wharf, and other the premises with the appurtenances entered, and was thereof possessed, and so being thereof possessed, The same Alice, before the time in which, etc. that is to say, the 4th. day of May, in the year of the Reign of the late Queen Mary, the First, at London, in the Parish and Ward aforesaid, took to Husband one Thomas Wilcox, by which the said Thomas, and Alice, in the right of the said Alice, were of all that the aforesaid Key and Wharf, and of other the premises with their appurtenances possessed, And so thereof being possessed, The said Thomas Wilcox, and Alice, before the time in which, that is to say, the 16th. day of November, in the years of the Reign of the Lord Philip, and the Lady Mary, late King and Queen of England, the First and Second, at London, in the Parish and Ward aforesaid, by their Writing sealed with their seals, and here into Court brought, whose Date is the same Day and Year, Gave and Granted, all their Right, Title, Interest, and Term of Years, which they the said Thomas, and Alice, then had to come, of and in all that the aforesaid Key and Wharf, and the rest of the premises aforesaid with their appurtenances, by reason of the execution of the Testament of the aforesaid Bartholomew Gibbs aforesaid, to one john Haynes; By virtue of which Gift and Grant, The same John Haynes, before the time in which, etc. into all that the aforesaid Key and Wharf, and other the premises with the appurtenances entered, and was thereof possessed, & so being thereof possessed, the said I. Haynes, before the time in which, etc. that is say, the 21. Day of Decem. in the Year of our Lord, 1559. at Lond. aforesaid, in the Parish aforesaid, made his Test. & Last Will in Writing, & by the same devised, and bequeathed, the premises to one Joice then his Wife, and thereof made and constituted, etc. Joice, than his Wife, his Executrix, and afterwards the same Day and Year, there of all the aforesaid Key and Wharf, and other the premises with the appurtenances died possessed: After whose Death, and before the time in which, etc. the aforesaid Joice, taking upon her the Charge of Execution of the Testament and will of the aforesaid John Haynes, into all the aforesaid Key and Wharf, and other the premises with the appurtenances, entered and was thereof possessed, by virtue of Execution of the same Testament and Last Will of the aforesaid john Haynes, and so being thereof possessed, the said Joice before the time in which, etc. that is to say, the 6th. day of October, in the year of the Reign of the said Lady the Queen that now is the 31. at London, in the Parish and Ward aforesaid, took to Husband the aforesaid John Porter, By which, the said John Porter was, and yet is thereof possessed: By Colour of which, the same John Porter, in his own Right, and the aforesaid Henry Cockain, as Servant of the said john, and by his Commandment, unto all the aforesaid Key and Wharf, and other the premises with the appurtenances, in the said Information specified, the said time in which, etc. Entered, and the Issues and Profits thereof by the whole time in the said Information specified took and had, and do yet take and have, as to them it was and is lawful; Without that, that the said john Porter, in and upon the possession of the said Lady the Queen, of the aforesaid Key and Wharf, with the appurtenances in the said Information mentioned, or any part thereof intruded, or either of them did intrude, in manner and form, as in the said Information above is supposed: And without that, that the aforesaid Key and Wharf, and other the premises with the appurtenances in the said Information mentioned, or any parcel thereof, the said 26th. Day of january, in the Year 34th. aforesaid, in the same Information mentioned, or ever before, or after, stood, or were, or was in the Hands and possession of the said Lady the Queen that now is, in manner and form, as in the said Information is before supposed. And also without that, that there is any Record, Roul, or Remembrance, in the Court of the Exchequer here, besides the Record of the Information aforesaid, by which it may appear the aforesaid Key and Wharf, and other the premises, or any parcel thereof with the appurtenances, to be, or of Right to be, in the hands and possession of the said Lady the Queen that now is, All and singular which the said John Porter, and Henry Cockain, are ready to aver, as the Court here, etc. Whereupon they pray Judgement, and that they as to the premises from this Court be dismissed, etc. and each of them be dismissed. And because the Court will avise of the Plea aforesaid, until further, etc. Day is given here to the aforesaid John Porter, and Henry Cockain, in the same state as now it is, until to 15. Days of Faster, at which Day, the aforesaid john, and Henry, came here as before: And the aforesaid john Popham Esquire, Attorney General of the Lady the Queen that now is, and who follows for the said Lady the Queen, present here in Court, the same Day in his proper Person, By Protestation, not acknowleging any thing in the Plea of the said john Porter, and Henry Cockain, by them before pleaded, to be true, in manner and form as the said john Porter, and Henry Cockain, in the Plea of the said john Porter, and Henry Cockain, by them above pleaded, to be true in manner and form, as the said john Porter, and Henry Cockain, in their Plea aforesaid above have pleaded; Yet for Replication, The same Attorney of the said Lady the Queen that now is, for the said Lady the Queen, saith as he formerly said, That the aforesaid john Porter, and Henry Cockain, in and upon the possession of the said Lady the Queen that now is, in the aforesaid Key and Wharf, called the Old Woolkey, and other the premises in the Information aforesaid specified, entered, intruded, and made entry in manner and form, as in the Information aforesaid above it is alleged. And of this, The Attorney of the said Lady the Queen, for the said Lady the Queen prayeth, that it may be inquired of the Country; And the said Desendants say as before, and pray likewise, Therefore that inquiry be made thereof, etc. And it is commanded to the Sheriffs of London, that they do not omit, etc. And that they cause to be here from Easter, in one Month the same Term, 12. free and lawful men of our Balywick, of the Neighbourhood of the Parish of All Saints Barking, in the City of London aforesaid, etc. whereof each, etc. by whom, etc. and who neither, etc. And the same Day is given here to the said john Porter, and Henry Cockain, at which day the said john, and Henry, come here as before, and the Sheriffs, that is to say, William Rider, and Benedict Burnham, returned the Writ aforesaid, together with the Panel of the names of the Jurors which are in the file of Writs executed for the Queen of the 34th. Year of the Reign of the said Lady the Queen that now is, with the Remembrancer of London. And the Jurors did not appear, Therefore it was commanded the Sheriffs that they distrein the Jurors by their Lands, etc. So that, etc. in 8. Days of Holy Trinity, or in the mean time, before the Beloved and Faithful to the Lady the Queen, Roger Manwood Knight, Chief Baron of this Exchequer, at Guild-hall of the City of London aforesaid, upon Friday the 26th. day of May, in the Year of the said Lady the Queen that now is, the 34th. in the Afternoon of the same Day, if he shall first come thither. And it is said to the aforesaid john Porter, and Henry Cockain, that they keep their Day before the aforesaid Chief Baron, at the said Day and Place, and that they be here, at the said 8. days of Holy Trinity, to hear their Judgement, If, etc. At which day, the said John Porter, and Henry Cockin, come here as before, And the aforesaid Chief Baron, before whom delivered here, the Tenor of the Record aforesaid, in form aforesaid directed, which is amongst the Inquisitions and Extents of this Year of the 34th. of the Reign of the Queen that now is, with this Remembrancer endorsed thus: ss. Afterwards, that is to say, the Day and Place within contained, before Roger Manwood Knight, Chief Baron of the Exchequer of the said Lady the Queen, came aswell the within named John ●opham, who prosecutes for the said Lady the Queen, as the said within written John Porter, and Henry Cockain in their proper persons, and the Jurors of the Jury whereof within mention is made, being called, some of them appeared, and some of them not, as it appeareth in the Panel, etc. And some of them now appearing, that is to say, Roger Tasker, Humphrey Street, George Gunbey, Thomas Cox, Thomas Langhorn, John Eton, William Fruit, and John Math, upon the Jury aforesaid are sworn, and because the rest of the Jurors of the Jury did not appear, therefore others of the standers by, by the Sheriffs of the County aforesaid, to be chosen, at the Request of the said John Popham, and by the command of the aforesaid Chief Baron were new put, whose names to the Panel within written are filled, according to the form of the Statute in such case late made and provided. And the Jurors so anew put, that is to say, Thomas wigs, Henry Ayleward, Ralph Baily, and Cuthbert Booth, being called, likewise came, Who to the truth of the matter within contained, together with the other Jurors aforesaid first impanelled, and sworn, say upon their Oath, That long before the aforesaid time of Intrusion aforesaid above supposed to be done, One Nicholas Gibson, was seized of and in the Wharf and Tenements aforesaid with the appurtenances in the Information aforesaid specified, in his Demesn as of Fee, and the Wharf and Tenements aforesaid, held of the Lady the Queen in Socage, that is to say, of the free Borough of the City of London by fealty only; And so being thereof seized, the said Nicholas afterwards, and before the time of the Intrusion aforesaid, etc. that is to say, the 23d. day of September, in the year of the Reign of the Lord Henry, late King of England, the 8th. the 32th. at London, in the Parish of St. Dunstan's in the East, made his Testament and last Will in Writing, and constituted one Avicen then his Wife, Executrix of his said Will, and by the said his Will bequeathed, and devised, amongst other things, the Whars and Tenements aforesaid, with the appurtenances, to the aforesaid Avicen, and her Heirs, in these English Words, and in form following, That is to say, In the name of God Amen, I Nicholas Gibson Citizen, and Grocer of London, whole of Mind, and of perfect Memory, albeit sick of Body, make this my present and last Will and Testament, aswel concerning the Order and Disposion of my Goods, Chattels, and other things movable, as of my Lands and Tenemetns, Rents, Reversions and Services, and Hereditaments whatsoever. First, I give and bequeath my Soul unto Almighty God, my Maker, Redeemer, and Saviour, and my Body to be buried where it shall please God after the said discretion of my well beloved Wife Avicen Gibson, my sole Executrix under written, whom I put in special trust, that she shall see these things hereafter declared, to be well and truly executed, done, and declared, and performed, as hereafter shall be recited: Unto whom also, I give and bequeath, All my Goods, Chattels, Debts, and other things, as well movable, as unmoveable, real, and personal, Lands and Tenements, Rents, Reversions, Services, and all my other Profits and Commodities, and other Hereditaments whatsoever, with all and singular the appurtenances, To have, and to hold, possess, and enjoy, All and singular my said Lands, and Tenements, Rents, Reversions, and Services, with the appurtenances, Goods, Chattels, and other things, and all and singular other the premises with the appurtenances, unto the said Avicen Gibson, her Heirs, Executors, Administrators, and Assigns, for ever, upon condition following: That is to say, Where it hath pleased God to put me the said Nicholas Gibson in Mind to edify divers Meases, Mansions, and places convenient for a Free-school, the Master of the same, and certain Beadmen and Beadwomen, and that the same cannot be established to continue, without great charges to be employed and bestowed upon the same, and also Lands and Tenements, and other Hereditaments, to be assured for the continuance of the same, I Will and Declare, by this my last Will and Testament, That the said Gift, Legacy, and bequest, of my Lands and Tenements, Goods, Chattels, and other things aforesaid shall inure and take effect, by reason hereof unto my said Wife, upon condition following: That is to say, That my said Wife, by the Advice of Learned Counsel, in all convenient speed after my decease, shall assure, give, and grant, all my said Lands and Tenements, and other Hereditaments whatsoever, for the maintainanee of the said Free-school, Almesmen, and Almeswomen for ever, if it shall please God that my said Wife Avicen Gibson, shall have all the Issues, Revenues, and Profits yearly coming, arising, and growing of the premises during her life, bearing the charges for the keeping of the said School, Beadmen and Beadwomen, and other charges for the maintenance of the premises, in manner and form as I the said Nicholas have kept and maintained the same, and as the same is now kept and maintained, without any diminution in any wise: Which Avicen Gibson, I make my sole Executrix of this my present Testament and last Will. These being Witnesses, Thomas Rushton Sergeant at the Law, William Gunston Esquire, Thomas Wood Cooper, Thomas Reinolds Clothworker, and john Mucklow Scrivener. In witness whereof I have hereto put my Seal. Given the 23th. Day of September, in the year of our Lord God 1540 and in the 22d. year of the Reign of our Sovereign Lord King Henry the 8th. as by the said Will more fully appeareth. And afterwards the said Nicholas Gibson at London, in the Parish of St. Dunstan in the East aforesaid, the 6th. Day of October, in the year of the Reign of the said Henry late King of England the 8th. the 32th. aforesaid died of such his estate so seized, of the Wharf and Tenements aforesaid with appurtenances, without issue of his ●ody begotten: After the death of which Nicholas, The aforesaid Avicen, in the aforesaid Parish of St. Dunstan, took upon her the charge of Execution of the Testament aforesaid. And before the aforesaid time of Intrusion aforesaid supposed, that is to say, the 13th. Day of April, in the year of the Reign of the Lord Edward late King of England the 6th. the third, At London, in the Parish of All Saints Barking aforesaid, demised the Wharf and Tenements aforesaid with the appurtenances to one Bartholomew Gibbs, To have, and to hold, to him and his Assigns, from the Feast of the Birth of our Lord, which then should be in the year of our Lord, 1566. until the full end of 40. years, from thence next following and fully ended. By virtue of which demise, The same Bartholomew was of the Interest of the Term aforesaid possessed, and so thereof being possessed, The said Bartholomew before the time in which, etc. that is to say, the first Day of January, in the year of our Lord, 1522. at London, in the Parish of All Saints aforesaid, made his Testament and last Will in Writing, and constituted and ordained one Alice, than his Wife his Executrix, of his said last Will and Testament, And afterwards the said Bartholomew, then and there died of such his estate possessed, of the Wharf and Tenements aforesaid with the appurtenances, After whose death, and before the time in which, etc. the said Alice took upon her tharge of the Execution of the Testament aforesaid, in the aforesaid Parish of All Saints, and was of the Interest of the Term aforesaid, of 40. years possessed, as Executrix of the Testament of the said bartholmew, and so thereof being possessed, The said Alice, Before the time in which &c. at London in the Parish of All Saints aforesaid, took to Husband one Thomas Wilcox, By which, The said Thomas and Alice, before the time in which, etc. were of the Interest of the aforesaid Term of 40. years, of and in the Wharf and Tenements aforesaid with the appurtenances possessed, and the said Thomas and Alice so thereof being possessed, before the time in which, etc. that is say, the 16th. Day of December, in the year of the Reign of the Lady Mary, late Queen of England, the second, At London, in Parish of All Saints Barking aforesaid, granted all their Estate, Interest, and Term of years, which they then had, of and in the Wharf and Tenements aforesaid with the appurtenances, to one john Haynes. By virtue of which Grant, The said john Haynes, was of the Interest of the aforesaid Term of 40. years, of and in the Wharf and Tenements aforesaid with the appurtenances possessed, And so thereof being possessed, The same john Haynes, before the time in which, etc. that is to say, the 21. Day of September, in the year of our Lord, 1559. at London, in the Parish of All Saints Barking aforesaid, made his Testament and last Will in Writing, & made & ordained one Joyce, his then Wife his Executrix of hi● said last Will, and by the same his Will willed and bequeathed, all his Estate, Interest, and Term of years, which he then had of and in the Wharf and Tenements aforesaid with the appurtenances to the said Joyce. And afterwards the said john Haynes, at London, in the Parish of All Saints Barking aforesaid, of such his Estate of and in the Wharf and Tenements aforesaid with the appurtenances died possessed. After whose Death, the said Joyce took upon her the charge of the Execution of the Testament aforesaid, and was of the Interest of the aforesaid Term of 40. years, of and in the Wharf and Tenements aforesaid with the appurtenances possessed; And so thereof being possessed, the said Joyce, before the time in which, etc. At London, in the Parish of All Saints aforesaid, took to Husband the aforesaid john Porter, By which the said john Porter, and Joyce, were of the Interest of the aforesaid Term of 40. years, of and in the Wharf and Tenements aforesaid with the appurtenances possessed. And the Jurors aforesaid further say upon their Oath, That one john Gibson is Cousin, and Heir of the said Nicholas Gibson, that is to say, Son and Heir of Hugh Gibson deceased, Brother and Heir of the said Nicholas Gibson, And that the said john Gibson, before the time in which, etc. that is to say, the 24th. Day of January, in the year of the Reign of the Lady the Queen that now is the 34th. into the Wharf and Tenements aforesaid with the appurtenances, by force of the Testament and last Will of the said Nicholas Gibson, by colour of Forfeiture, and by reason of the Condition in the said last Will before specified, by the aforesaid Avicen, in her life forfeited and broken, entered and was thereof seized in his Demesn as of Fee; And so thereof being seized, The said John Gibson, before the time in which, etc. that is to say, the 25th Day of Janbary, in the year of the Reign of the said Lady the Queen that now is the 34th. By his Writing indented, bearing Date the same Day and year, in the Court of the said Lady the Queen of her Chancery, at Westminster, being in due manner enrolled, and to the Jurors in Evidence showed, Bargained, Granted, and Sold the Wharf and Tenements aforesaid with the appurtenances, to the said Lady the Queen that now is, To have, and to hold, to the said Lady the Queen that now is, her Heirs and Successors for ever. By Colour of which Grant, Bargain, Sale, and Inrollement, The said Lady the Queen that now is, was of the Wharf and Tenements aforesaid with the appurtenances, seized in her Demesn as of Fee in the Right of the Crown of England, and the said Queen that now is so thereof being seized, The aforesaid John Porter, claiming the Wharf and Tenements aforesaid in his own Right, and the aforesaid Henry, as Servant of the said John Porter, and by his Commandment the aforesaid time in which, etc. into the Wharf and Tenements aforesaid with the appurtenances, upon the possession of the said Lady the Queen that now is thereof entered and made ingress; But whether upon the whole matter aforesaid, by them the Jurors in form aforesaid found, the aforesaid entry of the aforesaid John Porter, and Henry into the Wharf and Tenements aforesaid with the appurtenances, be an Intrusion upon the possession of the said Lady the Queen of the Wharf and Tenements aforesaid, or not, The said Jurors thereof pray the advice of the said Court of Exchequer, here, etc. And if upon the whole matter aforesaid, by them the Jurors in form aforesaid ●ound, It shall seem to the said Barons and Court here, That the aforesaid Entry of the aforesaid John Porter, and Henry, into the Wharf and Tenements with the appurtenances, be, and aught to be adjudged an Intrusion upon the possession of the said Lady the Queen, Then the said Jurors say upon their Oath, That the aforesaid John Porter, and Henry, in and upon the possession of the said Lady the Queen that now is, of the aforesaid Key and Wharf, called the Old Woolkey, and other the premises in the Information above alleged, entered, intruded, and made ingress in manner & form, as in the Information aforesaid above is alleged. And if upon the whole matter aforesaid, by them the Jurors in form aforesaid found, It shall seem to the Barons and Court here, That the aforesaid Entry of the aforesaid John Porter, and Henry, into the Wharf and Tenements aforesaid with the appurtenances be not, nor aught to be adjudged, an intrusion upon the possession of the said Lady the Queen of the aforesaid Wharf and Tenements aforesaid with the appurtenances, Then the same Jurors say upon their Oath, That the said John Porter, and Henry, in and upon the possession of the said Lady the Queen that now is, of the aforesaid Key and Wharf, called the Old Wolkey, and other the premises in the said Information above alleged, did not intrude and make Entry in manner and form, as in the Information aforesaid above is alleged. And because the Court here will avise of the premises before further, etc. Day is given here to the said John Porter, and Henry Cockain, in the same state that now is, until 8. days of St. Michael, before which day, that is to say, in the Morrow of St. Michael, in the year of the Reign of the Lady the Queen that now is, the process aforesaid with all things touching the same, by the Writ of the Lady the Queen of Common Adjournment under her great Seal of England, bearing date at Westminster the 23d Day of September, in the Year of the Reign of the said Lady the Queen that now is the 34th. aforesaid, to the aforesaid Treasurer and Barons of the Exchequer directed, which is inrouled elsewhere in the Remembrances of this Exchequer, of the aforesaid 34th. year of the Queen that now is, amongst the Records of this Exchequer, of the Term of St. Michael Rot. On the part of this Remembrancer, until a Month of St. Michael then next following: At which Day, the said Process aforesaid, with all things touching the same, by another like Writ of Common Adjournment, bearing Date at Hampton Court the 25th. Day of October, in the 34th. year aforesaid and amongst the Records of the said Term of St. Michael, in the Roul aforesaid, with the part of the Remembrancer aforesaid, likewise Inrouled, are further adjourned until the Morrow of All Souls, at Westminster aforesaid, unto the Castle of the Lady the Queen of Hartford, in the County of Hartford. And the same Day is given here to the aforesaid John Porter, and Henry Cockain, At which Day, the said John, and Henry, come here as before. And the Verdict aforesaid being seen and the other premises by the Barons here, and the mature deliberation thereof amongst them being had; Because upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, It seems to the Barons here, That the entry of the aforesaid John Porter, and Henry Cockain, in the Wharf and Tenements aforesaid with the appurtenances, is an Intrusion upon the possession of the said Lady the Queen, of the Wharf and Tenements aforesaid: Therefore it is granted by the same Barons, That the aforesaid John Porter, and Henry Cockain, of the aforesaid Entry, Intrusion, and Ingress in and upon the possession of the said Lady the Queen, of the aforesaid Key and Wharf, and other the premises, be convicted, and either of them be convicted, And that the aforesaid Wharf and Tenements with the appurtenances, into the Hands of the said Lady the Queen that now is, be taken, etc. And that the said John Porter, and H. Cockain, be Attached by their Bodies wheresoever, etc. to make a Fine for the contempt aforesaid, etc. And further, to do what to the Court, etc. And it is commanded to the Sheriffs of London, that they attach them in form aforesaid, so that, etc. in 8. Day of St. Hillary, Before which Day, that is to say, The 28th. Day of November, in the year 35th. of the Queen that now is, the Process aforesaid, together with all things touching the premises were further adjourned by another Writ of Common Adjournment, under the great Seal of England, to the Treasurer and Barons of this Exchequer directed, which is inmouled elsewhere in the Remembrances of this Exchequer, of the 34th. year of the Queen that now is ended, and the 35th. began, with the said Remembrancer from the aforesaid Castle of Hartford, unto Westminster aforesaid. At which Day, the said John Porter, and Henry Cockain, at Westminster aforesaid come here as before, And the Sheriffs did not return the Writ; Yet the aforesaid John Porter, and Henry Cockain, at the same time come here as before, And for the premises submitted themselves to the favour of the Court, And that they might not be further in the premises troubled, prayed with the favour of the Court to be admitted to make a reasonable Fine, with the Lady the Queen in the premises, which by the Court here is granted to them. And upon this, by colour of a Writ of the said Lady the Queen, of her privy Seal, To the Treasurer, Chancellor, and Barons, and other Officers of this Court of Exchequer, of the second year of this Queen, that is to say, amongst the Writs directed to the Barons, and in the Term of Easter, in this Exchequer inrouled, remaining with the Remembrancer of the Queen, of Persons to be admitted by the aforesaid Treasurer, Chancellor, Barons, and other Officers of this Exchequer, according to their discretions they are admitted to make such Fine, etc. according to the Tenor of the aforesaid Writ; and made a Fine in the premises, as is contained in these Remembrances, that is to say, amongst the Fines of this Term, one the part remaining of the Remembrancer of the Queen, By Colour of which Fine, It is granted to the Barons here, That against the aforesaid John Porter, and Henry Cockain, for the Contempt aforesaid, there he not here further Execution made, etc.   

Information.  
Trinity Term, Anno 37ᵒ Eliz. Rot. 199. in the Exchequer.  
The Case of Alton Woods, Co. 1. par●. fo. 26.  
MEmorandum, that it is found in the Remembrances of this Exchequer, in the 37th. year of Queen Elizabeth, that is ●o say, amongst the Records of this Term of Holy Trinity, with the part of the Queen's Remembrancer in these words, That is to say, Worcester ss. Memorandum, That Edward Coke Esquire, The Attorney General of the Lady the Queen that now is, who prosecutes for the said Lady the Queen present here in Court, the 20th. Day of June, this Term, in his own person for the said Lady the Queen, gave the Court here to understand and be informed, That whereas a Wood with the appurtenances, called Alcon, otherwise Aluington Wood, containing by estimation, 3000. Acres of Wood in Alton, otherwise Aluington, and Rock, in the aforesaid County of Worcester, in the Hands and possession of the said Lady the Queen that now is, the first Day of October, in the first year of her Reign and long before, and continually after were and stood, and of Right aught to be, and yet ought as in the Right of her ●rown of England, as in very many Records, Rolls, and Remembrances of this Exchequer, it is evident and appeareth upon Record: Yet one Ann Countess of Warwick, Humphrey Hill, Richard Bushopp, and Edward Bushopp, little regarding the Laws and Statutes of the said Lady the Queen that now is, but intending the Disenherism of the Lady the Queen in the premises, with Force and Arms, etc. the first Day of October, in the year of the Reign of the said Lady the Queen that now is the 27th. and divers Days and turns between the same first Day of October, in the 27th. year, and the Day of Exhibiting of this Information, in and upon the possession of the said Lady the Queen of the premises Entered, Intruded, and made Entry, and the Issues and Profits thereof coming perceived to their own uses and had, and as yet do perceive and have, the same Trespass continuing, and as yet continuing in contempt of the said Lady the Queen that now is, and against her Laws, Whereupon the aforesaid Attorney of the said Lady the Queen, for the said Lady the Queen prays the Advise of the Cour● in the premises. And the aforesaid Ann Countess of Warwick, Humphrey H●ll, Richard Bishop, and Edward Bishop come here, to answer the said Lady the Queen of and in the premises, as it is contained there, And now, that is to say, From the day of Holy Trinity, in three Weeks this Term, came here the aforesaid Richard Bishop, by Arthur Salwaie, his Attorney, to this, by special favour of the Court admitted, and prayeth the hearing of the Information aforesaid, and it is read unto him, etc. Which being read and heard, and by him the said Richard fully understood, The said Richard complaineth, by colour of the premises in the Information aforesaid above specified, to be troubled and unquietted, and that not justly. Because, By Protestation, that the Information aforesaid, and matter in the same contained, is not sufficient in Law, and to which the said Richard is not necessitated, nor by the Law of the Land bound to answer in any manner. By Protestation also, That the Wood aforesaid, in the Information aforesaid, above mentioned, doth not contain, nor the aforesaid time of the Trespass and Intrusion aforesaid above supposed to be done, did contain in it 3000. Acres, in manner and form, as by the Information aforesaid above is supposeed. Yet for Plea, The said Richard, as to the Force and Arms, or whatsoever is against the Peace of the said Lady the Queen that now is, As also the whole Trespass, Contempt, and Intrusion, in the Information aforesaid above specified supposed to be done, besides the Entry and Ingress into the Wood aforesaid, called Alton Wood, otherwise Alvington Wood, the 21th. Day of February, in the Year of the Reign of the Lady the Queen that now is, the 32th. and from the same Day, until the Day of Exhibiting of the Information aforesaid, and besides, the perceiving the Issues and Profits thereof by that time coming above supposed, The said Richard saith, that he in nothing thereof is guilty, in manner and form, as by the Information aforesaid above is supposed, and upon this puts himself upon the Country, And the aforesaid Attorney General of the said Lady the Queen that now is, who for the said Lady the Queen in this behalf prosecutes likewise, etc. Therefore an Inquisition be made thereof, etc. And as to the Entry and Ingress into the Wood aforesaid, the aforesaid 21th. Day of February, in the 32th. Year aforesaid, and from that Day, until the Day of Exhibiting of the Information aforesaid, as also to the taking of the Issues and Profits thereof, by the time thereof coming above supposed to be done, the said Richard saith, That the said Lady the Queen that now is, him the said Richard ought not any ways to impeach or trouble, because he saith, That long before the aforesaid time in which it is supposed, the Entry, Intrusion, and Ingress aforesaid to be done, One Ann Countess of Warwick Widow, sometimes Wife of Richard sometimes Earl of Warwick, was seized of the Manor of Abbotesley, otherwise Abberley, otherwise Abbedeley, with the appurtenances, in the aforesaid County of Worcester, whereof the aforesaid Wood in which, etc. then and until the time of the grant here after specified, made to Robert Earl of Leicester, the third Day of July, in the 30th. Year of Queen Elizabeth, here after mentioned, whereof the Memory of Man than was not to the contrary was parcel, in her Demesn as of Fee, and so thereof being seized, a Fine was levied in the Court of the Lord Henry late King of England the 7th, at Westminst. in the County ●f Middlesex, from the Day of St. Hillary in 15. Days, in the 3d Year of his Reign, before Thomas Brian, Roger Townsend, and john Haugh Justices, and other the said late Kings Faithful Subjects then there present, Between him the Lord the King plaintiff, and the aforesaid Ann sometimes Countess, sometimes Wife of the aforesaid Richard Earl of Warwick, by the Name of Ann Countess of Warwick deforceant, of the Manor aforesaid with the appurtenances, whereof, etc. amongst other, etc. whereof a Plea of Covenant was sued between them in the same Court, that is to say, That the said Countess granted to the said Lord the King, the Manor aforesaid with the appurtenances, whereof, etc. And the same rendered back to him in the same Court, To have, and to hold to the said Lord the King, and the Heirs Males of his Body begotten, and if it shall happen, That the said Lord the King should die, without Heir Male of his Body begotten, then after the decease of the said Lord the King the aforesaid Manor with the appurtenances, whereof, etc. should wholly Revert to the same Countess, and her Heirs quieted from the other Heirs of the aforesaid Lord the King, as by the Record of the aforesaid Fine in the Court of the said Lady the Queen that now is, of the Bench at Westminster aforesaid remaining, more fully appeareth. By virtue of which Fine, the aforesaid late King Henry the 7th. was seized of the Manor aforesaid with the appurtenances, whereof, etc. in his demesn as Fee tail, that is to say, to him and the Heirs Males of his Body issuing, the Reversion thereof to the aforesaid Countess, sometimes Wife of the aforesaid Richard Earl of Warwick, and the Heirs of the said Countess expectant. And the said late King so thereof being seized, and the Reversion thereof to the said Countess in form aforesaid expectant, The said Countess afterwards, and before the time aforesaid in which, etc. At Abbot●sley, otherwise Abberly, in the aforesaid County of Worcester, died so as before is said, of the Reversion aforesaid seized, After whose death, the Reversion aforesaid with the appurtenances, descended to one Edward Earl of Warwick, as Cousin and Heir of the said Countess, that is to say, Son and Heir of Isabel, Daughter of the said Countess; By which, the said Earl was seized of the Reversion of the Manor aforesaid with the appurtenances, whereof, etc. as of Fee, and Right; And the said Edward, Earl of Warwick, so thereof being seized, By an Act in Parliament of the said late King holden at Westminster the aforesaid 25th. Day of January, in the Year of his Reign the 19th. amongst other things, It was Enacted by him the said late King, by the assent of the Lords Spiritual and Temporal, and the Commons in the said Parliament assembled, and by the Authority thereof, That whereas Peter Warbeck, with others of the aforesaid late Kings Rebellious Enemies, and Traitors in a great multitude and number to him associated, entered, and arrived in this Kingdom, in a certain place called Whitessonbay, in the Parish of St. Bercie in the County of Cornwall, the 7th. day of September, in the Year of the Reign of the said late King the 13th. and levied War against the aforesaid late King, Notwithstanding the aforesaid Peter in his Journey, and issue to the said false and malicious purpose was overthrown, and was taken, and by the same late King committed to the Prison of the Tower of London, where, and in which place, the aforesaid Edward Earl of Warwick, confederated with the aforesaid Peter, imagining, and intending, falsely, and traitorously, the death and destruction of the said late King, and the overthrowing of this Kingdom of England, intending to make the aforesaid Peter King of the same Kingdom, by divers devises amongst them conceived and inspired, endeavoured with divers his Adherents, speedily by divers false Messages and Notes, to set him at liberty and at large, to the intent, to Execute his false and Traitorous purpose, to aid and assist him to his utmost endeavour, for which, the aforesaid Edward Earl of Warwick, by due course of Law of the said late King, out of his own Confession was convicted and attainted of High Treason, as his deserts in that behalf required; That the said Earl for his offences aforesaid, by Authority of Parliament aforesaid, should be convicted, adjudged, and attainted of High Treason; And that he should forfeit to the aforesaid late King and his Heirs, All his Honours, Castles, Manors, Lordships, Hundreds, Franchises, Liberties, Privileges, Advowsons', Nominations, Presentations, Rights, Fees, Tenements, Rents, Services, Reversions, Remainders, Portions, Annuities, Pensions, Rights, Possessions, Hereditaments, Goods, Chattels, and Debts, whereof the said Earl, or any other to his use, was seized or possessed of the day of the Treason either committed, or done, or at any time after within the Kingdom of England, Ireland, Wales, Calais, or the Counties thereof, in Fee simple, Fee tail, for Term of life or lives, Or in which the said Earl then, or at any time after had lawful cause of Entry, within England, Ireland, Wales, Calis, or the Counties of them. And further that the aforesaid Edward Earl of Warwick, should forfeit to the said late King, and his Heirs, All Honours, Castles, Manors, Lordships, Hundreds, Franchises, Liberties, Privileges, Advowsons', Nominations, Presentations, Rights, Fees, Lands, Tenements, Rents, Services, Reversions, Remainders, Portions, Annuities, Pensions, Rights, Possessions, Hereditaments, Goods, Chattels, and Debts, whereof the said Earl, or any other person, seized to his use, or was possessed of the second day of August, in the Year of the Reign of the aforesaid late King the 14th. or at any time then after, as by the said Act amongst other things more fully appeareth. And the said Richard saith, That the aforesaid Edward Earl of Warwick, Cousin and Heir of the said Ann Countess of Warwick, in the Fine aforesaid named, and the aforesaid Edward Earl of Warwick, in form aforesaid attainted, and in the Act aforesaid named, are one and the same person, and not other or divers. By colour of which Conviction and Attainder, and by force of the aforesaid Act of Parliament, The aforesaid late King Henry the 7th. was seized of the Reversion of the Manor aforesaid with the appurtenances, whereof, etc. as of Fee and of Right, in the Right of his Crown of England; And so thereof being seized, and of the Manor aforesaid with the appurtenances, in his Demesn as of Fee tail, in form aforesaid being seized, The said late Lord the King, afterwards and before the aforesaid time in which, etc. At Westminster aforesaid died, of the Manor aforesaid with the appurtenances, whereof, etc. And of the Reversion aforesaid, in form aforesaid seized; After whose death, the Manor aforesaid with the appurtenances, whereof, etc. and the Reversion aforesaid descended to the Lord Henry late King of England the 8th. as Son and Heir of the aforesaid late King Henry the 7th. By which the said late King Henry the 8th. was seized of the Manor aforesaid with the appurtenances, whereof, etc. in his demesn as of Fee tail, that is to say, to him and the Heirs Males of his Body issuing, and of the Reversion of the said Manor with the appurtenances as of fee & right, And the said late King Hen. the 8th. so being thereof seized, By a certain Inquisition, taken at the Castle ●● Worcester, in the aforesaid County of Worcester, the 5th. day of July, in the year of the Reign of the aforesaid late King Henry the 8th the 23th. before Roger Winter Esquire, than Escheator of the said late King the same County, by virtue of his Office by the Oaths of Richard Friar Gent. Richard ●helton Gent. William Andrew's Gent. Richard Dedick Gent. Richard Hill of Leigh, Edward Enolt, Henry Dison, Roger abud, Henry Woodward, John Porter of Claynes, John Brodford, Walter Solli, Roger Aldern of Martley, and Richard Walter taken, It was found amongst other things, That the aforesaid Ann Countess of Warwick, in the Fine aforesaid named, was seized of the Manor aforesaid with the appurtenances, whereof, etc. in her Demesn as of Fee, and that she being thereof so seized, the Fine aforesaid, in form aforesaid was levied; By which the aforesaid King Henry the 7th. was seized of the Manor aforesaid with the appurtenances, whereof, etc. in his Demesn as of Fee tail, that is to say, to him and the Heirs Males of his Body issuing, And that the said Countess was seized of the Reversion of the said Manor as of Fee and Right, and that the said Countess of the said Reversion so seized, of such her Estate thereof died seized, And that after the Death of the said Countess, the said Reversion descended to the abovesaid Edward, late Earl of Warwick, as Cousin and Heir of the said Countess, that is to say, Son and Heir of Isabel, Daughter and Heir of the said Countess, By which, the said Edward, late Earl of Warwick, was seized of the Reversion of the Manor aforesaid with the appurtenances as of Fee and Right, and that the said late Earl, being thereof so seized, That the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th. in the Year of his Reign the 19th. aforesaid made, was in manner and form aforesaid, And that by colour of the same Act, the said late King Henry the 7th. was seized of the Manor aforesaid with the appurtenances as of Fee and Right, And that the said late King Henry the 7th. being so thereof sezed, and of the Manor aforesaid with the appurtenances, whereof, etc. in form aforesaid being seized, of such his Estate thereof died seized; After whose Death, The Manor aforesaid with the appurtenances, whereof, etc. and the Reversion aforesaid descended to the aforesaid late Henry late King of England the 8th. as Son and Heir of the aforesaid Lord King Henry the 7th. By which the said King Henry the 8th. was seized of the Manor aforesaid with the appuretenances, whereof, etc. in his Demesn of Fee tail, that is to say, to him and the Heirs Males of Body, lawfully issuing, the Reversion thereof to him and his Heirs, in form aforesaid expectant, as by the Inquisition aforesaid, in the Court of Chancery of the said Lady the Queen at Westminster aforesaid, in due manner returned, and there remaining on Record more fully appeareth. And the faid Richard furher saith, That the aforefaid late King Henry the 8th. so of the Manor aforesaid with the appurtenances, whereof, etc. And of the Reversion thereof in form aforesaid being seized, The said late King Henry the 8th. the 3d. day of November, in the ye●r of his Reign the 33th. at Westminster, aforesaid, By this Letters Patents under his great Seal of England, sealed, which the said Richard here in Court brings, bearing date at Westminster, aforesaid the same Day and Year, Reciting, That whereas the said late King Henry the 8th. the 20th. day of Octber, in the 19th. year of his Reign, by his Letters Patents, had given and granted unto Walter Walshe, by the name of Walter Walshe, one of the Grooms of his Privy Chamber, his Manor of Grafton ●leuere, by the name o● the Manor of Grafton Fleeford, with his appurtenances in the County of Worcester, and the Advowson of the Church of Grafton Fleeford aforesaid, as also all and singular hi● Messages, Lands and Tenements whatsoever, in Grafton Fleeford, in the County aforesaid, together with the Knight's Fees, Wards, Marriages, Reliefs, Rents and Services whatsoever, to the Manor and other the premises and to every part thereof any wise soever belonging or appertaining; To have, and to hold the said Manor, and other the premises, with all and singular their members and appurtenances whatsoever, to the abovesaid Walter, for the Term of his Life, as in the said Letters Patents more fully it was contained. And whereas also, the said late King Henry the 8th. the 6th. day of December, in the Year of his Reign the 21th. by other his Letters Patents, had given and granted to the aforesaid Walter Walshe, and to one Elizabeth than his Wife, by the names of Walter Walshe, one of the Grooms of his Privy Chamber, and Elizabeth his Wise, the Manor of Charleton, in the County of Somerset, by the name of his Manor of Charleton in the County of Somerset, with all and singular his members and appurtenances whatsoever, by whatsoever right or title the said Manor in the Hands of the said late King then were, To have, and to hold, the said Manor with the appurtenances, to the said Walter and Elizabeth, and their Assigns, for the Term of the Lives of the said Walter and Elizabeth, and the longer liver of them, as in the said Letters Patents it was more fully contained. The aforesaid late King Henry the 8th. Then in Consideration of the true and laudable Service to the said Lord the King by the aforesaid Walter Walshe, before that time done, and after to be done, And for that the said Walter, the aforesaid other Letters Patents, to him of the aforesaid Manor of Grafton Fleeford, alias Flevard, and the same Walter, and the aforesaid Elizabeth, the aforesaid other Letters Patents, to them of the aforesaid Manor of Charleton, with their Members, and singular their appurtenances, in form aforesaid made, to the said late King Henry the 8th. in his Chancery had restored there to be canceled, unto the intent that the said late King Henry, the aforesaid Manor of Grafton Flevard with the appurtenances, and the said Advowson of the Church of Grafton Flevard, and all and singular Messages, Lands, and Tenements, of the said Lord the King in Grafton Flevard, As also the aforesaid Manor of Abottesly, in the aforesaid County of Worcester with their appurtenances whatsoever, and the Advowson of the Church of Abottesly, in the County aforesaid, and all Lands and Tenements of the said Lord the King whatsoever, with the appurtenances in Abottesly, otherwise Abberley, by other Letters Patents of the said late King, to the said Walter, and Elizabeth, he would be pleased to grant. Which said former Letters Patents, in the Court of Chancery aforesaid, at Westminster aforesaid, to the same intent at the time of the making of the aforesaid Letters Patents here in Court, were delivered up and canceled, Of the special grace of the said King, and of his certain Knowledge and mee● motion, by the same Letters Patents here in Court showed, and brought forth, gave and granted, unto the said Walter Walshe, and Elizabeth his Wife, The aforesaid Manors of Grafton Flevard, and Abottesly, otherwise Aberley, with all and singular their members and appurtenances, as also all and singular Lands, Tenements, Reversions, Services Knights Fees, Liberties, Franchises, Courts Leets, Views of Frank-pledges, Parks, Warrens, Waifes, Strays, and other Commodities and Privileges whatsoever, within the aforesaid Manors, or any of them being, or unto the said Manors, or any of them in any manner belonging or appertaining. To have, and to hold, the Manors aforesaid and every of them, and all the premises so as before is said, by the said Letters Patents here in Court shown forth, granted and every part thereof with their members ●d appurtenances whatsoever, to the said Walter Walshe, and Elizabeth his Wife, and to the Heirs Males of the Body of the s●●d Walter begotten, as by the said Letters Patents amongst other things more fully appeareth: And the said Richard saith, That the aforesaid Walter, long before the making of the aforesaid Letters Patents, and at the time of the making thereof, and long after was Servant of the said late King Henry the 8th. and one of the Grooms of the Privy Chamber of the said late King, and many good, laborious, and laudable Services to the said late King Henry the 8th. before the making of the said Letters Patents, did and performed, and that he said Walter, the aforesaid other Letters Patents, of the aforesaid Manor of Grafton Flevard, and the said Walter, and Elizabeth, the aforesaid other Letters Patents, of the said Manor of Charleton, with their several members and appurtenances, in form aforesaid made to the said late King Henry the 8th. before the making of the said other Letters Patents, to them in form aforesaid made, and here in Court shown forth in his Chancery aforesaid at Westminster aforesaid, had surrendered and procured to be canceled, as in the said Letters Patents, here in Court shown forth it is alleged and testified: By virtue of which Letters Patents, here in Court shown forth, The said Walter, and Elizabeth, were seized of the said Manor of Abottesly with the appurtenances, whereof, etc. amongst other, that is to say, The said Walter, in his demesn as of Fee tail, that is to say, to him and the Heirs Males of his Body issuing, and the aforesaid Elizabeth, in her demesn as of Free hold for the Term of her Life, and the said Walter, and Elizabeth, so being thereof seized, the said Elizabeth afterwards, and before the time in which, etc. at Abottesly aforesaid died, And the aforesaid Walter over-lived her, and held himself in the aforesaid Manor of Abottesly with the appurtenances, whereof, etc. and was thereof seized in his demesn of Fee tail, in form aforesaid, by right of Survivor, And the said Walter, so thereof being seized, By an Act of Parliament of the same late King Henry the 8th. at Westminster aforesaid, the 8th. day of July, in the year of his Reign the 28th. holden, made, reciting by the said Act, Whereas the aforesaid Ann, Countess of Warwick, in the Fine aforesaid above named, in the year of the Reign of the late King Henry the 7th. the ●●ihrd, by Fine then levied before the Justices of the King of Common-Pleas at Westminster, had given & granted unto the said late King Henry the 7th. amongst other things, The Lordship and Manor of Abottesly, with the appurtenances, in the County of Worcester, To have to the said King, and the Heirs Males of his Body issuing, as by the same Fine remaining on Record, amongst other things it more fully appeared; By virtue of which, the said late King was seized of the said Manor with the appurtenances, in his demesn as of Fee tail, and so thereof being seized, The said Countess died, After whose death the Reversion of the said Manor with the appurtenances in Fee simple, did descend and come to Edward late Earl of Warwick, which Reversion and Fee simple of the said Manor, amongst other Castles, Honours, Manors, Lands, Tenements, and Hereditaments, than after escheated and came into the Hand and possession of the aforesad late King Henry the 7th. and his Heirs, by the Attainder of High Treason of the said Edward Earl of Warwick, as by the Record therefore more fully appeareth, And the aforesaid late King Henry the 7th. so thereof being seized died, After whose death, the same Castles, honours, manors, lands, tenements, and Hereditaments, and other the premises in the Fine aforesaid contained, amongst other Lands, Manors, Tenements, and Hereditaments descended & came to the said late K. Hen. the 8th. as Son & Heir of the aforesaid late K. Hen. the 7th. by due course of Inheritance, By virtue whereof the said late K. Henry the 8th. had been, and was then thereof seized, And because the aforesaid Castles, Manors, Lordships, Lands, Tenements, and other the premises were of great value, and had many great and ample Liberties, Preeminences, Commodities, ●●d delights to the same belonging, Therefore then and there, It was Enacted by Authority of the same Parliament, That the aforesaid late King Henry the 8th. his Heirs, and Successors from hence after, should have, hold, and enjoy for ever, all and singular the aforesaid Castles, Manors, Tenements, Lands, and Hereditaments, with the Appurtenances, and all and singular the premises: and that the said Castles, Manors, Tenements, Lands, and Hereditaments, with the Appurtenannances, and all and singular other the premises, by Authority of the said Parliament should be adjudged in the aforesaid late King Henry the 8th. his Heirs and Successors in Fee simple for ever, without the aforesaid, or any other thing or things, before then had, made, or used, or to be allowed to the contrary in any thing notwithstanding, as by the same Act more fully appeareth. Saving always to all and singular person and persons, Bodies politic, and corporate, their Heirs, and Successors, and to the Heirs, and Successors of every of them, other than the aforesaid late Countess of Warwick, and her Heirs, and the Heirs of the said Richard, late Earl of Warwick, Father of the late Countess, all such Rights, Titles, Uses, Interests, terms of years, Demise, Demises, Rents, Fees, Annuities, Possessions, Reversion, Remainder, Distresses, Entries, Actions, Grants, Offices, Commons, Commodities, Liberties, Profits, & Suits, in such manner, & form, & conditions, as they, or any of them their heirs, & successors, or the heirs or success. of any of them had, could, might, or aught to have had, if the Act aforesaid never had been made, any thing in the said Act of Parliament to the contrary notwithstanding, as by the said Act, amongst other things it more fully appeareth. By colour of which Act, the Reversion aforesaid, to the aforesaid Manor of Abbottesley, otherwise Abberley, and the Manor aforesaid in Reversion, after the Estate and Interest of the aforesaid Walter Walsh, and Elizabeth his wife, so as before is said, granted to the aforesaid late King Henry the 8th. his Heirs, and Successors in Fee simple did belong, according to the form and effect of the Act aforesaid. By which the said late King Henry the 8th. was seized of that reversion as of Fee and right, and the said late King so being thereof seized, and the said Walter, of the aforesaid Manor of Abbottesley with the Appurtenances, whereof, etc. in form aforesaid being seized, The aforesaid Walter, at Abbottesley aforesaid, before the aforesaid time, in which, etc. died of such his Estate so seized. After whose decease, The said Manor with the Appurtenances, whereof, etc. descended to one Walter Walsh his Son, as Son and Heir Male of the body of the same Walter Walsh his Father Issuing, By which the said Walter Walsh the Son after, and before the time in which, etc. entered, and was thereof seized in his demesn as of Fee tail, that is to say, to him and the Heirs Males of his body issuing, and the aforesaid late King Henry the 8 th'. was seized of the Reversion thereof, as of Fee and Right; and so thereof being seized, The said late King afterwards, and before the time, in which, etc. at Westminster aforesaid died of such his Estate thereof seized. After whose death, The Reversion of the aforesaid Manor of Abbottesley with the Appurtenances whereof, etc. 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 seized of the Reversion of the said Manor with the Appurtenances as of Fee and right, and so thereof being seized, The said late King Edward the 6 th'. afterwards, and before the time in which, etc. at Westminster afores. died of such his estate thereof seized, 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 seized of the said Reversion, as of Fee and right, and so thereof being seized, the said late Queen Mary afterwards, and before the time in which, etc. at Westminster aforesaid, died of such her Estate thereof seized, 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 seized of the said Reversion as of Fee and right; and the said Lady the Queen that now is, so thereof being seized, and the aforesaid Walter Walsh, the Son, of the aforesaid Manor of Abbottesley, whereof, etc. in his demesn as of Fee tail, in form aforesaid being seized, The said Walter afterwards, and before the time in which, etc. at Abbottesley aforesaid, died of such his Estate thereof seized: After whose death, The said Manor with the Appurtenances, whereof, etc. did descend to one William Walsh his Son, as Son and Heir of the body of the aforesaid Walter Walsh the Son issuing. By which, the said William, afterwards, and before the time in which, into the said Manor with the Appurtenances whereof, etc. entered, and was thereof seized 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 seized, 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 Majesty's Household, Lord Chief Justice of Oyer and Terminer, of all the Forests of her Majesty, and Chases by South Trent, and one of her Majesty's most Honourable Privy Council, 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 Enrolled, One part of which Sealed with the Seal of the said William Walsh, the said Richard Bushopp, here in Court showeth 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 William, 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, etc. 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 entered, and was thereof seized in his demesn as of Fee, and so thereof being seized, 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 died of such his Estate thereof seized 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 entered, and was thereof seized in his demesn as of Fee, and so thereo● being seized, 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 which 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 Marriage 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 increase of the Jointure of the said Ann, before that time made in the respect of the aforesaid Marriage, & in consideration also of the better advancing of the said Ann, after the death of the said Ambrose then Earl of Warwick, if she the said her beloved husband should survive, to support, and sustain 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 Assigns, and every of them, That immediately from and after the Sealing and delivery of the said Indenture, The said Earl of Warwick his Heirs, and Assigns, and every of them should stand and be seized of, and in the Wood aforesaid with the appurtenances amongst other things, by the names of Alton Woods, otherwise Alvington Woods with the appurtenances, si●u●te and being within the Parish of Rock, or elsewhere, within the several Counties of Worcester, and Salop, or any, or either of them, to the uses, 〈…〉 nts, and purposes, afterwards in the said Indenture expressed and declared; that is to say, To the use of him the said Ambrose Earl of Warwick for the Term of his life, without impeachment of any waist; and after the decease of him the said Earl of Warwick, to the use of the aforesaid Ann Countess of Warwick, in the Information aforesaid named, by the name of the Lady Ann, Countess of Warwick, wife of him the said Earl of Warwick, and the right Heirs of the said Ann for ever; By colour of which Covenant and Grant aforesaid, and by force of a certain Act of transferring of uses into possessions in the Parliament of the aforesaid Lord Henry, late King of England the 8th. Father of the said Lady the Queen that now is, at Westminster aforesaid, the 4th day of February, in the year of his Reign the 27th. holden, made, and provided, The aforesaid Ambrose Earl of Warwick was seized of the Wood aforesaid with the appurtenances, amongst other things, in his demesn, as of Freehold during his life, without impeachment of waste, the remainder thereof, after the decease of him the said Earl of Warwick, to the aforesaid Ann, late Countess of Warwick, and her Heirs expectant; And the said Ambrose Earl of Warwick so thereof being seized, the remainder thereof in form aforesaid expectant, The said Earl afterwards, that is to say, the aforesaid 21th. day of February, in the year of the Reign of the Lady the Queen that now is, the 32th. aforesaid, at Abbottesley aforesaid died, after whose death the said Ann, now Countess of Warwick, into the Wood aforesaid, with the appurtenances entered, and was, and yet is thereof seized in her demesn as of Fee, by colour and force of the premises: By which the said Richard Bushopp, as servant unto the aforesaid Ann, now Countess of Warwick, and by her Command, the aforesaid 21th. day of February, in the year of the Reign of the said Lady the Queen that now is, the 32th. aforesaid, and the days and times aforesaid, betwixt the same 21th. day of February, in the year 32th. aforesaid, and the day of the exhibiting of the Information aforesaid, into the Wood aforesaid, with the appurtenances entered, and the Issues and Profits thereof by that time arising, to the use of the said Ann, now Countess of Warwick, took and had, and doth yet take and have, as it was, and is lawful for him to do. And the aforesaid Richard further saith, That the aforesaid William Walshe, yet over-liveth, and is in full life, that is to say, at Abbottesly aforesaid, without that, that the Wood aforesaid with the appurtenances, or any parcel thereof, in the Hands and Possession of the said Lady the Queen that now is, is, or before this was, or of Right aught to be in manner and form, as in & by the Information aforesaid it is supposed; And without that, that the said Richard Bushopp, in or upon the possession of the said Lady the Queen that now is, of the Wood aforesaid with the appurtenances, or any part thereof Entered, Intruded, or made Ingress, in manner and form as by the Information aforesaid it is supposed, and without that, that there is any Record, Roll, or Remembrance, besides the Record of the Information aforesaid, by which it may appear, that the Wood aforesaid with the appurtenances, in the Information above specified, or any parcel thereof in the Hands and Possession of the said Lady the Queen that now is, or standeth, or of Right aught to be, or stand, in manner and form as in the Information aforesaid above is supposed: All and singular which, the said Richard Bushopp is ready to aver, as unto the Court, etc. Whereupon, he prayeth Judgement, and that he as to the premises, from this Court be dismissed. And because the Court here, ●● avise of the Plea aforesaid, before that further, etc. Day is given unto the ●fores. Rich. Bushopp, in state, as now until 8. days of St. Michael, At which day the said Richard Bushopp, came here as before; And the said Attorney General of the said Lady the Queen that now is, who for the said Lady the Queen prosecutes, present here in Court in his proper person for his said Lady the Queen, by Protestation, not acknowledging any thing in the Plea aforesaid of the said Richard Bushopp, by him above pleaded, to be true in manner and form as the said Richard in his Plea aforesaid above hath pleaded: Yet for Reply, the said Attorney of the said Lady the Queen, for the same Lady the Queen saith, That the Plea of the Richard Bushopp, as to the Entry, Intrusion, and ingress aforesaid, in the aforesaid Wood, by him the said Richard, in the Information aforesaid to be done supposed, is not sufficient in Law to discharge the said Richard of the said Entry, Intrusion, and ingress, whereupon for default of sufficient Answer in this behalf, The said Attorney of the Lady the Queen, for the said Lady the Queen prayeth Judgement, And that the aforesaid Richard, of the same Entry, Intrusion, and Ingress, by the aforesaid Richard, thereof supposed to be done be convicted; And the said Richard saith, That he sufficient matter in Law, to bar the said Lady the Queen that now is, from the possession of the aforesaid Wood, in the said Information specified, and of every parcel thereof above in bar and exclusion of the Information hath alleged, which he is ready to aver, as unto the Court, etc. Which matter aforesaid, The Attorney of the Lady the Queen, for the same Queen doth not deny, nor to the same any ways for the said Lady the Queen Answereth, but the Averment aforesaid to admit altogether doth refuse; Wherefore as before the said Richard demandeth Judgement, and that he as to the Premises from this Court be dismissed, etc. And because the Barons here will avise themselves of & upon the Premises, whereof the aforesaid Richard hath above put himself in Judgement of the Court, before that they give Judgement thereof, Further day is given to the aforesaid Richard Bushopp here until in 8. days of St. Hillary, to hear their Judgement thereof, because the said Barons thereof not yet, etc. And as to the Trial of the Issue aforesaid by the Country to be tried, above joined, It is commanded to the Sheriff of the aforesaid County of Worcester, that he do not omit, etc. And that he cause to be here at the said 8. days of St. Michael, 12. good and lawful Men of the Neighbourhood of Alton, otherwise Alvington, and Rock, in the said County, whereof each, &c by whom, etc. and who neither, etc. And the same day is given here to the same Richard Bushopp here etc. At which day cometh the said Richard Bushopp, by his Attorney aforesaid, And as to the aforesaid Writ of Venire Facias, the Sheriff thereof did nothing, nor sent that Writ; Therefore as to the Trial of the Issue aforesaid, as at first, It was commanded to the Sheriffs of the aforesaid County of Worcester, that he do not omit, etc. And that he cause to be here from the day of Easter, in 15. days, 12, etc. To Recognize in form aforesaid, etc. And the same day is given thereof here, to the aforesaid Richard Bishop, And because the Barons here will further avise with themselves of and upon the Premises, whereof the aforesaid Richard Bishop, above puts himself in Judgement of the Court, day thereof is further given to the aforesaid Richard Bushopp, here until from Easter-day in 15. days, to hear thereof their Judgement, because the said Barons thereof are not yet, etc. At which day cometh the said Richard Bishop by his Attorney aforesaid: And as to the aforesaid Writ of Venire Facias, the Sheriff thereof did nothing, nor sent that Writ; Therefore as to the Trial of the Issue aforesaid, as at first, It is Commanded to the Sheriff of the aforesaid County of Worcester, that he do not omit, etc. And that he cause to come here in 8. days of Holy Trinity, 12, etc. to know in form aforesaid, and the same day is given thereof here, tooth aforesaid Richard bishop, and because the Barons here will farther avise themselves of and upon the premises, whereof the said Richard bishop above put himself in the Judgement of the Court, farther day is given to the aforesaid Richard bishop here, to hear their Judgement thereof, because the same Barons thereof are not yet, etc. At which day here cometh the aforesaid Richard bishop by his Attorney aforesaid, and as to the aforesaid writ of Venire facias, the Sheriff did nothing thereof, nor sent that writ, therefore as to the trial of the Issue aforesaid, as before it was commanded to the Sheriff of the aforesaid County of Worcester, that he do not omit, etc. And that he cause to come here, in 8 days of Saint Michael 12 etc. to recognize in form aforesaid, etc. And the same day thereof is given here, to the aforesaid Richard bishop, and because the Barons here will farther avise themselves of and upon the premises, whereof the aforesaid Richard Bushopp above put himself in the Judgement of the Cour●, farther day is given to the aforesaid Richard bishop until the aforesaid 8 days ●f Saint Michael to hear thereof their Judgement, because the same Barons thereof are not yet, etc. At which day cometh the said Richard bishop, by his Attorney aforesaid, and as to that writ of Venire facias, the Sheriff did nothing, nor sent that writ; Therefore to try the issue aforesaid, as at first, it was commanded to the aforesaid Sheriff of the County of Worcester, that he do not omit, etc. and that he cause to come here from the day of Saint Hillary in 14 days 12, etc. And the same day is given here to the aforesaid Richard Bushopp, and because the said Richard bishop above put himself on the Judgemtut of the Court, farther day is given to the aforesaid Richard Bushopp here until from the said day of Saint Hillary in 15 days to hear their judgement thereof, because the Barons here thereof are not as yet, etc. At which day cometh the said Richard Bushopp by his Attorney aforesaid, and the Barons here the premises being seen whereof the aforesaid Richard Bushopp put himself upon in the Judgement of the Court, and mature deliberation thereof amongst them being had, Because it seemeth to the Barons that the plea aforesaid of the said Richard Bushopp thereof by him in manner and form above pleaded is sufficient in Law to discharge the said Richard bishop of the Entry, Intrusion, and Ingress by him above supposed to be done in the aforesaid Wood called Alton, otherwise Aluington Wood in the said Information specified the aforesaid 21th. day of February in the year of the Reign of the Lady the Queen that now is the 32th. and from the said 21th. day of February until the aforesaid day of exhibiting of the said Information, that is to say, the 27th day of June in the year of the Reign of the said Lady the Queen the 37th and of the taking of the Issues and Profits thereof for that time arising. It is granted by the Barons, that the aforesaid Richard Bushopp, as to the aforesaid Entry, Intrusion, and Ingress by him above supposed to be done in the aforesaid Wood called Alton, otherwise Aluington Wood in the Information specified the aforesaid 21th. day of February in the year of the Reign of the Lady the Queen that now is, the 32th. and from the said 21th. day of February until the aforesaid day of the exhibiting of the said Information, that is to say, the 20th. day of June, in the year of the Reign of the said Lady Queen the 37th. and as to the taking of the Issues and Profits thereof for that time arising, go thereof at present, without day, saving always the right of the Queen if at another time, etc. And as to the trial of the Issue aforesaid above joined by the Country to be tried, it is commanded to the Sheriff of the aforesaid County of Worcester as at first, that he do not omit, etc. And that he cause to come here from the day of Easter in 15 days 12, etc. And the same day is given here to the aforesaid Richard Bushopp: At which day, the said Richard Bushopp come hereas at first, & the afores. Attorney General of the said Lady the Queen that now is, who for the said Lady the Queen prosecutes, present here in Court at the same day in his proper person, and by the Barons being spoken to and asked, If he against the said Richard Bushopp for the trial of the aforesaid Issue above by the Country would farther prosecute; said that No; upon which, the premises being seen by the Barons here, and mature deliberation being had amongst them thereof, it is granted, by the said Barons, that the aforesaid Richard Bushopp as to the trial of the said Issue, go without day at present, saving always to the Queen her Action If at another time, etc. And afterwards, that is to say, the 11th. day of April in the year of the said Lady Queen that now is the 39th, the said Lady the Queen sent here her writ under the great Seal of England to the Treasurer and Barons of this Court of Exchequer directed, the Tenor of which followeth in these words. ss. Elizabeth, by the grace of God of England, Scotland, France and Ireland Queen, defender of the Faith, etc. To the Treasurer and Barons of her Exchequer Greeting: Because in the Record and process; and also in giving of Judgement in the plaint which was in our Court before you the aforesaid Barons of our Exchequer aforesaid, in the years of our Reign the 37th. By Bill between us and Richard Bushopp, of certain trespasses and intrusions, in certain of our Woods with the appurtenances called Alton, otherwise Aluington Woods, containing by estimation, 3000 Acres of Wood, manifest Error hath entervened to our great damage. And whereas in the statute in the Parliament of the Lord Edward late King of England the 3d. our progenitor, at Westminster, and in the year of his Reign the 31th. holden, made, amongst other things, It is agreed and established, that in all cases the King or other persons touching where any one complaineth of Error made in the process in the Exhequer, The Chancellor and Treasurer cause to come before them in some Chamber of Counsel nigh to the Exchequer the Record of the process of the same out of the Exchequer, and taking to them the Justices and such like sages, as to them shall seem fit to be taken, They cause to be called before them the Barons of the Exchequer aforesaid, to hear their Informations, and the causes of their Judgement, and the business thereupon to be duly examined. And if any Error was found, the same to be corrected and the Rolls to be amended, and afterwards them in the said Exchequer to do execution thereof to be remitted as belongeth, as in the said Statute it is contained: We therefore willing, Errors if any such were, according to the form of the statute aforesaid to be corrected, and speedy Justice to be done in that behalf, Command you that if Judgement thereof be given then the Record and process aforesaid with all things concerning the same, before our beloved & faithful Counsellor Tho. Egerton Kt. keeper of our great Seal of England, and how the aforesaid Treasurer in the Council Chamber next to the Enchequer aforesaid called the Council Chamber, upon Tuesday, that is to say, the 21th. day of the month of April, you cause to come. And to the same Keeper of our great Seal, and you the aforesaid Treasurer, the Record being seen and examined, and the process aforesaid, and your informations being heard, and you the aforesaid Barons further in this part with the Council of the Justices and other sages aforesaid Cause to be done, what of right and according to the form of the Statute was to be done. Witness myself at Westminster the 11th. day of April in the year of our Reign the 39th. Symons. At the said 29th. day of the said Month of April, the aforesaid Worthy Man Thomas Egerton Kt. Keeper of the great Seal of England, and William Lord Burghley Lord Treasurer of England, caused to come before them the Record aforesaid, in the aforesaid Chamber next to the Exchequer aforesaid, called the Council Chamber, and at the said day and place came before the Lord Keeper of the great Seal, and the Lord Treasurer, the aforesaid Atorney General of the Lady the Queen, and for the said Lady the Queen said, that in the Record and process aforesaid, and in the giving of the Judgement aforesaid of and upon the aforesaid demurrer in Law it is diversely Erred, that is to say, that the aforesaid Richard Bushopp by his plea in bar of the information aforesaid pleaded doth suppose, that the aforesaid late King Henry the 7th. was seized of the reversion of the manor aforesaid with the appurtenances whereof, etc. As of Fee and Right in the right of his Crown of England by colour of the Attainder of the aforesaid Edward late Earl of Warwick, and by the force of the aforesaid Act of Parliament, in the year of the Reign of the said late King the 19th. in the Bar aforesaid mentioned, by which Act it was enacted, that the aforesaid Edward late Earl should forfeit to the said late King all his Manors, Lands, Tenements and Hereditaments, whereas, the aforesaid late King by virtue of the Attainder and Act of Parliament aforesaid as before is said made, could not be seized of the Reversion aforesaid, before inquisition thereof taken, and of record remaining, by which it should be sound, that the aforesaid Earl at the time of the treason aforesaid by him committed, or ever after was seized of the said Reversion, as of Fee and right, and in this, that the aforesaid Richard doth suppose, that the aforesaid late King Henry the 7th. died seized of that Reversion, and that the said Reversion descended to the aforesaid late King Henry the 8th. as Son and Heir of the aforesaid late King Henry the 7th. Whereas in fact the said Reversion did not descend to the said late King Henry the 8th. nor by the Laws of this Kingdom, could descend before the Inquisition thereof for the aforesaid late King Henry the 7th. thereof to be found and of Record to remain. And in this, that the said Richard Bushopp supposeth that by a certain Inquisition taken at the Castle of Worcester the 5th. day of July in the year of the Reign of the aforesaid late King Henry the 8th the 23th. before Roger Winter Esquire than Escheator of the said late King in the said County, by virtue of his office, It was found that the aforesaid Edward late Earl of Warwick, was seized of the Reversion of the Manor aforesaid, as of Fee and Right, and so thereof being seized, the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th. in the 19th. year of his Reign aforesaid, was made in Manner and form aforesaid and that by Colour of the said Act of Parliament aforesaid, the late King Henry the 7th. was seized of the Reversion aforesaid, as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at Westminster in due manner reserved and here of Record remaining, more fully appeareth. Whereas every Inquisition taken upon whatsoever Attainder of High-Treason, taken before the Escheator, by virtue of his Office ought to be returned into the Court of the King's Exchequer, and there ought to be filled, and not in the Court of Chancery. And if in the Court of Exchequer returned, and there of Record it be not filled, than the said Inquisition is void, and of no force in Law. And in this, That whereas the aforesaid Richard Bushopp supposeth, That the aforesaid late King Henry the 8th. the 3d. day of November, in the year of his Reign the 23th. by his Letters Patents under his great Seal of England sealed, bearing date the same day and year, reciting, That whereas the said late King, the 12th. day of October, in the 12th. year of his Reign, had given, and granted, to the abovesaid Walter Walshe, the Manor of Grafton Flevard with the appurtenances, for the Term of the life of the said Walter, and whereas, the same late King, the 6th. day of December, in the year of his Reign the 21th. by other his Letters Patents, had given, and granted, to the abovesaid Walter, and to one Elizabeth than his Wife, The aforesaid Manor of Charleton with the appurtenances, in the said County of Somerset, To have, and to hold, to the said Walter and Elizabeth, and the longer liver of them, The late King Henry the 8th. for that, that the said Walter, the aforesaid Letters Patents, to him of the aforesaid Manor of Grafton Flevard, and the said Walter, and the aforesaid Elizabeth, the said Letters Patents to them of the aforesaid Manor of Charleton, in form aforesaid made, to the said late King Henry the 8th. in his Chancery had delivered up there to be canceled; By the said letters patents, gave and granted to the abovesaid Walter and Elizabeth, the aforesaid Manor of Abotesly with the appurtenances whereof, etc. to have and to hold to them the said Walter and Elizabeth, and to the heirs males of the body of the said Walter begotten: And the aforesaid Richard Bushopp in his plea aforesaid hath not showed in fact, that the aforesaid late King Henry the 8th. by his letters patents had given and granted to the aforesaid Walter and Elizabeth the aforesaid Manor of Charleton with the appurtenances, to have and to hold to the said Walter and Elizabeth for the Term of the longest liver of them, as by the Law he ought to have showed, and because expressly it is not showed in the said plea, that the same grants were made, but only by way of recital, The aforesaid Consideration in the aforesaid Letters Patents of the aforesaid late King Henry the 8th. in the year of his Reign the 23th. aforesaid made, are void and insufficient in Law, And the said late King, in his grant aforesaid, by reason thereof was deceived. And in this, That the aforesaid Richard, in his Plea aforesaid allegeth, that the aforesaid Walter and Elizabeth, the said Letters Patents to them of the aforesaid Manor of Charleton, made in the Chancery of the said late King Henry the 8th. had surrendered and procured to be canceled, By which the Estate of the said Walter and Elizabeth, of and in that Manor was determined; Whereas, by the Law of the Land, the estate of the said Elizabeth, then being under Covert Baron by the surrendering and cancelling of the said Letters Patents was not determined, or surrendered up. And upon this, That whereas, the aforesaid Richard Bushopp in his pleading alleged, That by the aforesaid Act of Parliament of the said late King Henry the 8th. the 8th. day of June, in the 28th. year of his Reign made, it was Enacted, That the said late King Henry the 8th. his Heirs, and Successors should have, hold, and enjoy all and singular the Manors aforesaid, with the appurtenances in Fee simple, saving always to all person and persons, Bodies politic and Corporate, their Heirs and Successors, and to the Heirs and Successors of every of them, other than to the aforesaid late Countess of Warwick, and her Heirs, and the Heirs of the said Richard late Earl of Warwick, Brother of the said late Countess, all such Rights, Titles, Uses, Interests, Term of years, demise, demises, Entries, Actions, Grants, and Conditions, which he, or any of their Heir, or the Heirs, or Successors of any of them have or had, or might to have, or aught to have had, if the said Act of Parliament had never been made, any thing in the said Act to the contrary thereof notwithstanding. And the aforesaid Richard Bushopp in his Plea aforesaid, doth not allege in fact, That the aforesaid Ann, now Countess of Warwick, in whose Right, and as Servant of which Countess, the said Richard makes Justification of the Trespass, and Intrusion aforesaid, was not Heir of the said Richard late Earl of Warwick, as by the Law of the Land it ought to be showed; and in this, that by the said Act of the 28th. abovesaid, The aforesaid Manor of Abbottesley with the appurtenances, whereof &c. was given by express words, to the said late King Henry the 8th. his Heirs and Successors, and thereof the said Saving in the same Act mentioned, is repugnant and void, to reserve any right in that Manor to any other person, and therefore the aforesaid Walter Walshe, and Elizabeth his wife, to have or claim any right or estate of, or in the said Manor, by force of the said Act of Parliament are barred. And in this, That whereas, the aforesaid Plea of the said Richard Bushopp above in Barr pleaded, is insufficient in Law to discharge, or excuse him the said Richard, of the Trespass, intrusion, and ingress aforesaid, upon which Plea the aforesaid Attorney, of the said Lady the Queen had demurred in Law, and demanded Judgement there for the said Lady the Queen, yet that notwithstanding, it is adjudged by the Barons, That the Plea of the said Richard is sufficient in Law, him the said Richard of the Entry and Intrusion into the aforesaid Wood called Alton-wood, otherwise Aluing●on-wood, the aforesaid first day of February, in the year of the Reign of the said Lady the Queen that now is the 32th, and from the same day, until the exhibiting of the Information aforesaid, and of the taking of the issues and profits thereof by that time to discharge. And so the same Attorney General for the said Lady the Queen saith, That in the Record, and process aforesaid, and in the giving of the Judgement aforesaid, it is manifestly erred. And thereupon, the said Attorney of the said Lady the Queen, for the said Lady the Queen prayeth, That the Judgement aforesaid for those Errors, and others in the Record and Process aforesaid be revoked, annulled, and be had for nothing. And also a Writ to warn the aforesaid Richard Bushopp to be here before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, at a certain day, to hear the Record and Process aforesaid, as also the aforesaid Errors which he the said Attorney General of the said Lady the Queen that now is there alleged, and it is granted unto him; And it is commanded to the Sheriff of the said County of Worcester, That by good and lawful men of his Balywick, he give warning to the said Richard bishop, that he before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, in the Chamber aforesaid, upon Tuesday, falling the 26th. day of the said Month of April, to hear in form aforesaid if, etc. And further, etc. that to the Court, etc. At which day, the same Sheriff, that is to say, Edward Harwell Esquire, returned the Writ aforesaid, and sent that the said Writ was so late delivered unto him, that for the shortness of the time he could not execute it, Yet the aforesaid Richard bishop, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, at the same day comes into the Chamber aforesaid, by Arthur Salway his Attorney, and demands the hearing of the Record, and of the Process, as also of the aforesaid Errors, and they are read unto him. Which being read and heard, The said Richard saith, That in the Record and Process aforesaid, and in the giving of the Judgement aforesaid, it is in nothing erred, and prayeth, That the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, do proceed aswell to the Examination of the Record and Process, as to the aforesaid matters for Errors alleged, according to the form of the Statute aforesaid, And the aforesaid Attorney of the said Lady the Queen saith as above, and prayeth likewise, etc. And because the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurey, will avise themselves of and upon the premises before they give their Judgement thereof, day is given here to the abovesaid Richard bishop, in the Chamber aforesaid, until the next day after Tuesday, falling the 3d. day of May, to hear their Judgement thereof, etc. At which day, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, into the Chamber aforesaid, the said Richard bishop, comes by his Attorney aforesaid, And because the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, are not yet avised of giving their Judgement of and upon the premises, further day is given to the abovesaid Richard bishop, in the Chamber aforesaid, until the first Tuesday, following the Term of the Holy Trinity, to hear their Judgement thereof, etc. At which day, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, in the Chamber aforesaid, comes the aforesaid Richard bishop, by his Attorney aforesaid, And because the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, are not yet avised of giving their Judgement of and upon the premises, further day is given to the abovesaid Richard bishop, in the Chamber aforesaid, until the second Tuesday, in the Term of Michael next coming, to hear their Judgement thereof, etc. At which day, the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer, in the Chamber aforesaid did not come, But John Popham Knight, and Edward Anderson Knight, Chief Justices of each Bench come at the same day, and then are there present, according to the form of the Statute in such case made, And the aforesaid, Richard bishop, in the Chamber aforesaid, comes by his Attorney aforesaid, before the said Justices, And the aforesaid Business, and Suit of Errors, by the said Justices is adjourned and continued, by virtue of the said Statute until Tuesday next, And the same day is given to the aforesaid Richard bishop, to hear their Judgement thereon, etc. At which day, before the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer, in the Chamber aforesaid, comes the aforesaid Richard bishop, by his Attorney aforesaid, And because the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer, are not yet avised of giving their Judgement of and upon the premises, further day is given to the aforesaid Richard Bushopp, in the Chamber aforesaid, until Tuesday, falling the 8th of November following, to hear their Judgement thereof, etc. At which day, before the aforesaid Lord Treasurer, and the aforesaid Chief Justices, present in the Chamber aforesaid, comes the aforesaid Richard Bushopp by his Attorney aforesaid, and because for the absence for the aforesaid Lord Keeper of the Great Seal, in the aforesaid Business and Suit of Error, it cannot be proceeded, the same cause is continued and adjourned by them, the Lord Treasurer, and Chief Justices, by virtue of the Act aforesaid made, until Tuesday, falling the 22th. day of November than next following, in the Chamber aforesaid, And the same day is given to the aforesaid Richard bishop, in the same Chamber, to hear his Judgement thereof, etc. At which day, before the aforesaid Lord Keeper of the Great Seal, and the aforesaid Justices, in the Chamber aforesaid, comes the aforesaid Richard bishop, by his Attorney aforesaid, & the aforesaid Lord Treasurer, there than not coming, the Business and Suit of Errors aforesaid, is continued and adjourned by them, the Lord Keeper of the Great Seal, and the Chief Justices, by virtue of the aforesaid Act thereof made, until the second Tuesday, in the Term of St. Hillary than next following, and the same day is given to the aforesaid Richard bishop, in the Chamber aforesaid, to hear their Judgement thereof. At which day the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, came not in the Chamber aforesaid, but the aforesaid Chief Justices of each Bench, came into the same Chamber, and are there present, And the aforesaid Richard bishop, at the same day in the Chamber aforesaid, before the said Justices, likewise cometh by his Attorney aforesaid, and the aforesaid Business and Suit of Errors is continued and adjourned further, by virtue of the Statute aforesaid thereof made, until the first Tuesday in the Term of Easter next following, And the same day is given to the aforesaid Richard Bushopp, in the Chamber aforesaid, to hear their Judgement, etc. At which day before the aforesaid Lord Keeper of the Great Seal, and the aforesaid Chief Justices, comes here the aforesaid Richard bishop, in the Chamber aforesaid, by his Attorney aforesaid, and the said Lord Treasurer then and there not coming, the aforesaid Business and Suit of Errors is continued and adjourned, by the Statute aforesaid thereof made, further until the last Tuesday of the aforesaid Term of Easter, in the Chamber aforesaid, and the same day is given to the aforesaid Richard bishop, in the Chamber aforesa. to hear their Judgement thereof, etc. At which day, the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer aforesaid, come not; But the aforesaid Chief Justices come into the same Chamber, and are there present; And the aforesaid Richard bishop, likewise cometh by his Attorney aforesaid, and the aforesaid Business and Suit of Errors by them is continued and adjourned, further by virtue of the Statute aforesaid thereof made, until the first Tuesday in the Term of the Holy Trinity than next following, and the same day is given to the aforesaid Richard bishop, in the Chamber aforesaid, to hear their Judgement thereof, etc. At which day, before the Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard bishop, by his Attorney aforesaid, and because, the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, then and there come not, the aforesaid Business and Suit of Erors, is continued and adjourned, according to the form of the Statute thereof made, further until Tuesday the 4th. day of July, in the same Term of the Holy Trinity, & the same day is given to the aforesaid Ric. bishop, in the Chamber aforesaid, to hear his Judgement thereof, etc. At which day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the aforesaid Ric bishop, by his Attorney aforesaid, and because the aforesaid Lord Keeper of the Great Seal, & Lord Treasurer come not, therefore the aforesaid Business & Suit of Errors is continued and adjourned, according to the form of the Statute aforesaid, further until the third Tuesday, in the Term of St. Michael next following, and the same day is given to the aforesaid Richard bishop, in the Chamber afores. to hear their Judgement, thereof etc. At which day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard bishop, by his Attorney aforesaid, And because the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer come not, therefore the aforesaid Business and Suit of Errors is continued and adjourned, by virtue of the Statute aforesaid thereof made, further until the 21th. day of November, in the same Term of St. Michael, and the same day is given to th' aforesaid Richard bishop, in the Chamber aforesa. to hear their judgement thereof, etc. ●At which day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard bishop, by his Attorney aforesaid, And because the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer come not, therefore the aforesaid Business and Suit of Errors is adjourned and continued, according to the form of the Statute aforesaid, until the second Tuesday of the Term of St. Hillary next following, And the same day is given to the afores. Rich. bishop, to hear their Judgement thereof, etc. At which day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard bishop, by his Attorney aforesaid, and because the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer come not, therefore the aforesaid Business and Suit of Errors is continued and adjourned, by virtue of the Statute aforesaid thereof made, further until the first Tuesday in the Term of Easter than next following, and the same day is given to the aforesaid Richard bishop, in the Chamber aforesaid, to hear their Judgement thereof, etc. At which day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard bishop, by his Attorney aforesaid, and because the aforesaid Lord Keeper of the great Seal, and the Lord Treasurer, come not, therefore the Business and Suit of Errors aforesaid, until the first Tuesday, in the Term of the Holy Trinity next following, And the same day is given to the aforesaid Richard bishop, in the Chamber afores. to hear their Judgement thereof. At which day before the aforesaid Thomas Egerton Knight, Lord Keeper of the Great Seal, and Thomas Lord Buckherst, now Lord Treasurer of England, in the Chamber aforesaid, cometh the aforesaid Richard bishop, by his Attorney aforesaid And the aforesaid Attorney of the Lady the Queen, for the said Lady the Queen, as at first prayeth, etc. And because the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer, will further avise of giving their Judgement of and upon the premises, before, etc. Further day is given to the aforesaid Richard bishop, in the Chamber aforesaid, until the second Tuesday in the term of St. Michael then next following, to hear their Judgement thereof, etc. At which day, before the aforesaid Lord Keeper of the great Seal, and the Lord Treasurer, in the Chamber aforesaid, cometh the aforesaid Richard Bushopp by his Attorney aforesaid, and because the aforesaid Lord Keeper of the Great Seal, and Lord Tresurer are not avised yet of giving their Judgement of and upon the premises, day further is given to the aforesaid Richard Bushopp in the Chamber aforesaid, until Tuesday the 23th. day of October, the same Term of St Michael, to hear their Judgement thereof, etc. At which day, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer in the Chamber aforesaid, cometh the aforesaid Richard bishop by his Attorney aforesaid, and because the aforesaid Lord Keeper of the Great Seal, and Lord Tresurer are not yet avised of giving their Judgement of and upon the premises, day further is given to the aforesaid Richard bushopp in the Chamber aforesaid, until Tuesday the 30th. day of the said Month of October, the same Term of Saint Michael, to hear their Judgement thereof, etc. At which day the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer, do not come in the Chamber aforesaid, but the aforesaid Chief Justices in the Chamber aforesaid come, and the aforesaid Richard Bushopp at the same day, in the same Chamber, and before the same Justices, likewise cometh by his Attorney aforesaid: And the aforesaid business and suit of Errors is continued and adjourned by virtue of the Statute aforesaid thereof made, further until Tuesday the 6th day of November the same Term of Saint Michael, and the same day is given unto aforesaid Richard Bushopp to hear their Judgement thereof. etc. At which day neither the aforesaid Lord Keeper of the great Seal, nor Lord Treasurer, nor the aforesaid Chief Justices come unto the Chamber aforesaid, Afterwards, the said Lady the Queen that now is sent here, another her writ close under her Great Seal, out of her Court of Chancery, to the Treasurer and Barons of this Exchepuer directed, the Tenor of which writ followeth in these words. ss. Elizabeth, by the Grace of God of England, France and Ireland Queen, defender of the faith, etc. To the Treasurer and her Barons of her Exchequer Greeting, Because in the Record and Process, and because of giving of Judgement in the plaint, which was in our Court before you the aforesaid Barons of our Exchequer aforesaid, in the Term of the Holy Trinity, in the year of our Reign the 37th. by Bill between us, and Richard Bushopp, of certain Trespass and Intrusion in certain Woods with the appurtenances called Alton, otherwise Aluington Wood, containing by estimation 3000 Acres of Wood in Alton, otherwise Aluington and Rock in our County of Worcestor, manifest Error intervened to our great damage; and because in the Statute in the Parliament of the Lord Edward late King of England the 3d. our Progenitor at Westminster, in the 31th. year of his Reign holden, made, amongst other things it is agreed unto, and established, that in all cases the King or other persons concerning, where any one complaineth of Error done in process in the Exchequer, the Chancellor and Treasurer cause to come before them in some Chamber of Council nigh unto the Exchequer, the same Record and process out of the said Exchequer, and taking to them the Justices and other sages, such as to them they shall seem to be taken, to call before them the Barons of the Exchequer aforesaid, to hear their Informations and the causes of their Judgement, and upon this business duly cause to be examined, and if any Error should be found, the same cause to be mended and the Rolls amended, and after them into the Exchequer to do execution thereof, to be sent back as belongeth, as in the said Statute it is contained, We therefore willing, Error, if any such were according to the form of the Statute aforesaid to be corrected, and full and speedy Justice to be done, in his behalf command you, that if Judgement be thereof given, than the Record and Process, aforesaid with all things touching the same before our beloved and faithful Councillor Thomas Egerton Knight Keeper of our Great Seal of England, and you, you the aforesaid Treasurer, in the Chamber of Council, nigh the Exchequer aforesaid, called the Council Chamber, upon Tuesday, that is to say, the 15th. day of February next coming, cause to come, that the same Keeper of our Great Seal and you the aforesaid Treasurer the Record aforesaid seeing and the process aforesaid, and hearing your Informations, you the aforesaid Baron's cause to be done, what of right according to the form of the statute aforesaid was to be done. Witness myself at Westminster the 29th. day of January in the year of the Reign the 42th. Symons. And at the aforesaid 5th. day of February, in the aforesaid Writ mentioned, The aforesaid Thomas Egerton Knight, Keeper of the Great Seal of England, and Thomas Lord Buckhurst, Lord Treasurer of England, caused to come before them the Record aforesaid, in the aforesaid Chamber, nigh the Exchequer aforesaid, called the Council Chamber, And at the same day and place, come before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, the aforesaid Attorney of the Lady the Queen, and for the said Lady the Queen saith, That in the Record and process, and also in the giving of the Judgement aforesaid, It is diversely erred in manner and form, as by the aforesaid Articles of Errors by him first alleged and assigned, above it is alleged. And for the said Lady the Queen, prayeth another Writ of the Lady the Queen, to warn the aforesaid Richard Bushopp, to be before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, at a certain day to hear the Record and Process aforesaid, and also the Errors aforesaid, etc. and it is granted unto him. And it is commanded to the Sheriff of the County of Worcester, That by good and lawful men of his Balywick, he warn the said Richard Bushopp that he be before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, in the Chamber aforesaid at Westminster, the first Tuesday in the Term of Easter next following, to hear the Record and Process aforesaid, as also the Errors aforesaid above alleged, and further, etc. What to the Court, etc. At which day, before the aforesaid Lord Keeper, and Lord Treasurer in the Chamber aforesaid, the Sheriff of the County of Worcester aforesaid, that is to say, William Child Esquire, Returned the Writ aforesaid endorsed thus. ss. By virtue of this Writ to me directed, I gave warning to the aforesaid Richard Bushopp, by John Jolley, John Harris, Thomas Penington, and John Wemb, good and lawful men of my Balywick, to be before the said Keeper of the Great Seal, at the day and place within contained, as within to me is commanded. And upon this, the aforesaid Richard bishop, by Arthur Salway his Attorney, at the same day in the Chamber aforesaid, likewise cometh, and demands the hearing of the Record and Process, as also of the Errors aforesaid, and they are read unto him, etc. Which being read and heard, the said Richard saith, That in the Record and process aforesaid, in nothing it is erred, And prayeth, That the aforesaid Lord proceed to the Examination aswel of the Record and Process aforesaid, as of the business aforesaid for Errors by the said Attorney of the said Lady the Queen above alleged, according to the form of the aforesaid Statute thereof made: And the aforesaid Attorney of the Lady the Queen, for the said Lady the Queen saith as before he had said and prayeth likewise, etc. And because the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, will further avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the aforesaid Richard bishop, in the Chamber aforesaid, until Tuesday next, to hear their Judgement thereof, etc. At which day, before the said Lord Keeper, and Lord Treasurer, in the Chamber aforesaid at Westminster, cometh the aforesaid Richard bishop by his Attorney aforesaid, And because the aforesaid Lord Keeper, and Lord Treasurer, are not yet avised of giving their Judgement of and upon the premises, further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, in the Chamber aforesaid, until Tuesday, to hear their Judgement thereof, etc. At which day before the Lord Keeper of the Great Seal, and the Lord Treasurer, in the Chamber aforesaid, at Westminster, cometh the aforesaid Richard Bushopp by his Attorney aforesaid, and because the aforesaid Lord Keeper and Lord Tresurer are not yet a vised of the giving of their Judgement of and upon the premises, further day is given to the aforesaid Richard Bushopp, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, in the Chamber aforesaid, until the first Tuesday in the Term of Holy Trinity than next coming to hear Judgement thereof, At which day, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, in the Chamber aforesaid at Westminster, cometh the aforesaid Richard Bushopp by his Attorney aforesaid, & because the aforesaid Lord Keeper of the Great Seal, & Lord Treasurer, are not yet avised of giving their Judgement of and upon the premises, day further is given to the aforesaid Richard Bushopp, before the aforesaid Lord Keeper of the great Seal, and Lord Treasurer, in the Chamber aforesaid, until Tuesday, the third day of June the same Term of Holy Trinity, to hear Judgement thereof, At which day, before the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer, in the Chamber aforesaid, at Westminster, cometh the aforesaid Richard Bushopp by his Attorney aforesaid, And because the aforesaid Lord Keeper of the Great Seal, and Lord Tresurer are not yet avised of giving their Judgement of and upon the Premises, day further is given to the aforesaid Richard Bushopp, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer in, the Chamber aforesaid, until Tuesday the 10th. day of June, next the same Term of the Holy Trinity, to hear their their Judgement thereof, At which day before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer in the Chamber aforesaid, at Westminster cometh Rchard Bushopp, by his Attorney aforesaid, And upon this the premises being seen, by the aforesaid Lord Keeper of the Great Seal of England, and the aforesaid Treasurer, and mature deliberation thereof amongst them being had, and taking to them the aforesaid John Popham Knight, Chief Justice of the said Lady the Queen for Pleas, before the Queen herself to be holden assigned, and Edmond Anderson Knight, Chief Justice of the said Lady the Queen, of the Bench, as also of Francis Gawdy, one of the Justices to Pleas, before the aforesaid Lady the Queen to be holden assigned, and calling before them the Barons of the Exchequer aforesaid, and the reasons of the Judgement aforesaid of the said Barons being heard, Because it seemeth to the aforesaid Keeper of the Great Seal of England, and to the aforesaid Treasurer with the Counsel of the Justice's aforesaid, That in the Record and Process aforesaid, and also in the giving of the Judgement aforesaid, it is manifestly erred, Therefore it is granted by the said Keeper of the Great Seal of England, and the aforesaid Treasurer, That the Judgement aforesaid be conversed and annulled, And that the aforesaid Richard Bushopp, of the Entry, Intrusion, Trespass and Contempt aforesaid be convicted, And that the aforesaid Richard Bushopp be amoved from the possession of the premises; And be Attached by his Body wheresoever, etc. To make fine with the Lady the Queen for the aforesaid his Trespass and Contempt, whereof in form aforesaid he is convicted. And that the Record aforesaid be sent back into the Exchequer aforesaid, for the Execution thereof for the aforesaid Lady the Q. to be done, according to the form of the Statute aforesaid thereof made, Therefore it is agreed by the Barons here, That the Writ of the Lady the Queen that now is, issue forth out of the Court here, to amove the aforesaid Richard Bushopp from the possession of the premises aforesaid, And to attach the aforesaid Richard by his body wheresoever, etc. to make fine for the Trespass aforesaid, and contempt, whereof in form abovesaid he is convicted, retorneable here in 8 days of Saint Michael; and it is commanded to the said Sheriff of the said County of Worcester, that him the said Richard he amove & attach in the form aforesaid.   

Monstrans de Droit, C. 1. part. Digges Case, fo. 157. a.  
England ss. Memorandum, That Thomas Egerton Knight, Lord Keeper of the Great Seal of England, Tuesday next after 8. days of St. Hillary this Term, before the Lady the Queen at Westminster, by his own proper Hands delivered here into Court a certain Record before the Lady the Queen in her Chancery had in these words,  
Pleas, before the Lady the Queen in her Chancery at Westminster, in the County of Middlesex, of the Term of Easter, in the veer of the Reign of our said Lady Elizabeth, by the Grace of God, of England, France, and Ireland Queen, defender of the Faith, etc. the 40 th'.  
THe Lady the Queen that now is sent her writ closed, to the Sheriff of Sussex directed in these words: Elizabeth by the grace of God of England France and Ireland Queen defender of the faith, etc. To the Sheriff of Sussex greeting, &c Whereas by a certain inqusition Enacted, taken at Dartford in our County of Kent, the 8th. day of November, in the year of our Reign the 35th, before Edward Fenuer one of our Justices to pleas, before us to be holden assigned, William Sydley, Justinian Champnes, Edward Cook Esquiers, and William Kneaplock Gent. Deputy of our Escheator of our County aforesaid by virtue of our Commission to them and others in that behalf directed, to inquire after the death of Thomas Digges Esquire by the Oaths of good and lawful men of the County aforesaid (amongst other things) It is found, that the aforesaid Thomas Digges in the same commission named, was seized in his demesn as of Fee (amongst other things) of and in the Manor of Owtelmestone, with the appurtenances, and in all Lands and Tenements with the appurtenances to the same belonging and appertaining, lying and being in the said County of Kent, and of 110 Acres of Land, Meadow, Pasture and Wood, with the appurtenances, called Estendown and Beacondown, lying and being in Barham and Kingston in the said County of Kent, and of and in the Manor of Yoke and Yokes Court and Fokeham, and in all Messages, Lands, Tenements and Hereditaments to the said Manors belonging and appertaining, lying and being in the said county of Kent, and of 40 Acres of Land Wood and Pasture called Throuhgly Close and tylers in Barham aforesaid, which late were purchased of William Boys Gentleman by way of Exchange, and of 2 Acres of Land and Wood lying and being in Wemingswold in the aforesaid County; and farther by the Inquisition aforesaid it is found, that Thomas Arch. Bishop of Canterbury being seized in his demesn as of Fee as in the right of his Arch Bishopric of Canterbery aforesaid, of and in the Manor of Bishopps Born with the appurtenances in the said County of Kent, by an Act of Parliament at Westminster in the County of Middlesex in the year of the Reign of Henry late King of England the 8th. the 34th, made and provided (amongst other things) it is enacted & established, that one Thomas Culpeper Esq. should have hold and enjoy by authority of the said Act aforesaid, to him and his heirs of the body of him the said Thomas, of the body of one Elizabeth sometimes his wise deceased lawfully begotten, and for default of such issue, the remainder thereof to the Heirs of the body of the aforesaid Elizabeth, and for default of such issue, the remainder thereof to the right Heirs of one William Haunt for ever, the aforesaid Manor of Bushops born with the appurtenances, in the said County of Kent, and then parcel of the possessions of the said Archbishop, to hold the Manor aforesaid with the appurtenances (amongst other things) of the aforesaid Lord the King his Heirs and Successors in Capite by the 20th part of a Knight's Fee, and the Rent of 38 shillings by the year. By virtue of which Act of Parliament the said Thomas Culpeper entered into the aforesaid Manor with the appurtenances and was thereof seized as the ●aw required; and so being thereof seized, the same Thomas Culpeper by sufficient conveyance and assurance in Law, conveyed and assured the aforesaid Manor of Bishopsborn with the appurtenances to one Anthony Awcher Knight, to have and to hold to him and his heirs, By virtue of which, the said Anthony Awcher Knight in the aforesaid Manor of Bishopsborn with the appurtenances entered, and was there▪ of seized in his demesn as of Fee, the estate of which Anthony Awcher of and in two parcels of Land and Wood with the appurtenances called the Haute and Reed, containing by estimation 60 Acres of Land, late were purchased by Christopher Digges Father of the aforesaid Thomas Digges in the said Commission named, lying and being in Barham aforesaid, and in Bourn, of which he died seized, the said Thomas Digges was of the aforesaid parcels of Land & Wood with the appurtenances seized in his demesn as of Fee, which parcel of Land and Wood with the appurtenances called the Haute and Reed at the time of the making and ordaining of the said Act of Parliament & time whereof the memory of men is not to the contrary, were parcel of the said Manor of Bishopsborn & the said Tho. Digges of the Manors, Lands, and Tenements, & other the premises aforesaid, with the appurtenances as before is said, being seized, died thereof so seized; And farther by the same Inquisition it is found, that the Manor of Yoke otherwise Yokes Court aforesaid, the appurtenances in Lenham and Frensted in the said County of Kent at the time of the taking of the Inquisition aforesaid, and at the time of the death of the aforesaid Thomas Digges, were holden of Warham St-leger Knight as of his Castle of Leeds by the half of a Knight's Fee, and were worth by the year in all reprofits above reprises 5 pound 14 shillings. And that the Manor of Fokeham, and other the premises to the said Manor belonging in Framsted and Lenham, at the said time of the taking of the said Inquisition, and at the time of the death of the said Thomas Digges, of whom or by what services the Jurors of the same Inquisition were altogether ignorant, and they were worth by the year in all the profits, above reprises 7 pound. And that the aforesaid Manor of Outlemestone and other the aforesaid premises whatsoever with the appurtenances to the said Manor belonging and appertaining, at the time of the taking of the said Inquisition aforesaid, and at the time of the death of the said Thomas Digges, were worth by the year in all the profits above reprises 20 pound, and that the said Land called Eastendown, and Beacondown in Burham and Kingston aforesaid were holden of the Arch Bishop of Canterbury, in the right of his Bishopric aforesaid, but by what services the aforesaid Jurors are altogether ignorant, and they were worth by the year above reprizes 3 pound 6 shillings 8 pence, and that the aforesaid Lands called the Haute and Reed, late parcel of the aforesaid Manor of Bishopsborne and purchased by the aforesaid Christopher Digges of the aforesaid William Awcher Esquire, were holden of the said Lady the Queen in Capite by Knight's service, that is to say, by particular, according to the rate and quantity of the said Manor of Bishopsborn; and that the said Lands and Pasture called Thoroughly Close and Tilers in Barham aforesaid, late purchased by the aforesaid Christopher Digges, by way of Exchange of William Boys, of who or whom, or by what services they were holden, the Jurors aforesaid are altogether ignorant; and that the aforesaid Land and Woods called Haute and Reed, and the aforesaid Land, Wood and Pasture purchased of the aforesaid William Boys were worth by the year above reprises 4 pound. And that the aforesaid 2 Acres of Land in Wemings Woold aforesaid, were holden of who or whom, or by what services the aforesaid Jurors were altoge-Ignorant, and they were worth by the year above reprises 2 shillings, and that the said Thomas Digges had not nor had more or other Lands and Tenements in the said County of Kent in demesn or service of us nor of any other, the aforesaid dayin which he died, and that the aforesaid Tho. Digges died the 10th. day of April in the year of our Reign the 32th. leaving the said Margaret his wife w th'. child with Tho. Posthumus Digges. And that the said Thomas Posthumus Diggs born the second day of July in the 32 year aforesaid was Son and Heir of the said Thomas Digges, and that the said Thomas Posthumus Digges the Son at the time of the taking of the Inquisition aforesaid, was of the age of 2 years 9 weeks and 6 days, as by the Inquisition aforesaid in our Chancery returned and in the Files there remaining of Record, it more fully appeareth: And whereas afterwards, that is to say, the 23th day of January in the Term of Saint Hillary in the year of our Reign the 39th before us in our Chancery aforesaid, at Westminster aforesaid then being, came Christopher Digges and Edward Digges, Sons of the said Christopher Digges in the Inquisition aforesaid named, and prayed the hearing of the Inquisition aforesaid, which was read unto them, which being read and heard, and by them fully understood, the said Christopher and Edward, complained them by colour of the said Inquisition aforesaid to be grieved and molested, and that they from the possession of the said Lands and Tenements with the appurtenances to the said lands called Eastendown, and of two parts of so much of the demesn, and of the said Manor of Owtelmestone with the appurtenances, to the said Lands called Eastendown adjoining in 4 parts to be divided, as with the aforesaid Lands called Eastendown, extend to the third part of all the Manors, Lands and Tenements, whereof the aforesaid Christopher the Father died seized for the part of the aforesaid Christopher and Edward of the premises aforesaid, to be expelled and amoved, and that they from the possession thereof, and of every parcel thereof, by colour of the said Inquisition to be held out, and that unjustly, by cause, they take it by Protestation, That the Inquisition aforesaid, and the matter in the same contained, was insufficient in Law, to which they needed not, nor by the Law of the Land were holden any ways to Answer; And showing of their Right in that behalf, The said Christopher and Edward said, That the aforesaid Christopher Digges, Father of them the said Thomas, Christopher and Edward, was in his life time seized in his Demesn as of Fee, of and in the aforesaid Manor of Owtelmeston in Barham, in the County aforesaid, and of all and singular the Rights, Members, parcel, and appurtenaces whatsoever, containing 200 Acres of Land, Meadow, Pasture, and Wood; And also was seized of and in the aforesaid Manor of Yoke and Fockham, lying and being in the Parish of Lenham, Frensted, and Harrisham, with his Rights, Members, and Appurtenances whatsoever, containing 800. Acres of Land, Meadow, Pasture, and Wood; And of and in the Manor of Marton, lying and being in the Parishes of Sturrey, Hackington, and Saint Stephen, in the said County, containing by estimation 40. Acres of Land, Pasture, Meadow, and Wood; And of divers Gardens in the City of Canterbury, containing half an Acre of Land; And of and in the Manor of Netherherds, with the Appurtenances in the County aforesaid, containing 200. Acres of Land; And also of a certain piece of Land called Eastendown, lying and being in Barham aforesaid, containing by Estimation 110. Acres, And of another piece or parcel of Land called Haute and Reed, lying and being in the Parish of Barham aforesaid, containing 61. Acres and a half, and in another piece of Land lying in Barham aforesaid, late as before is said, purchased by Exchange of the aforesaid William Boys, containing 40. Acres of Lands, which said Manors, Lands, and Tenements, and other the premises, amount in the whole to 2500. Acres of Lands, and the said Christopher Digges, the Father, of the Tenements aforesaid with the appurtenances in form aforesaid being seized, The first day of February, in the year of our Reign the 19th. made his Testament and last Will in Writing, and by the said Testament and last Will declared and limited, as to the disposition of the third part of all and singlar the premises, whereof the aforesaid Christopher Digges, the Father, was before seized, due to us, or to any other for Wardship, Primer-seisin, Livery, or any other manner, That his last Will and meaning was to leave, that there might descend all those his Lands and Tenements, called and known by the name of Eastendown, containing 110. Acres of Lands, and all those Lands and Tenements, and Heditaments, which the aforesaid Christopher Digges, the Father, had by descent after the death of Thomas Digges of Newington, near Sitting●orn Esquire then diseased, And if the Lands and Tenements as above is said, left to descend, should not be sufficient to satisfy to us for the 3d. part was due to us, than his Will & meaning was, That so much of the other of his Lands next adjoining to Eastendown aforesaid should descend, and should be to his said Son Thomas Digges, as should be sufficient to satisfy and fulfil to us the third part, And by the said his Testament, expressly gave and bequeathed the other two parts of the aforesaid Manors, Lands and Tenements, and other the premises before mentioned, with their appurtenances whatsoever, to the use of the payment of his Debts, and maintenance of Martha Digges then his Wife; And that afterwards the said Christopher Digges of all and singular the premises aforesaid, as is before said, being seized, the 14th. day of the month of March, in the year 1566. died, leaving after him issue Five Sons, then living & in full life being, that is to say, the said Thomas Digges in the said Commission named, and the aforesaid Christopher, Edward, Reginald, and John Digges, which said John died in the life of him the said Thomas without issue: And that the said Christopher and Edward, for further showing of their Right in the premises said, and are ready to aver, That the aforesaid Christopher their farther, ever in his time had held or enjoyed, any of the Lands and Tenements by descent of Inheritance of the said Thomas Digges of Newington aforesaid, By which the third part of the said Lands and Tenements of him the said Christopher be limited and appointed to descend to satisfy us for the Wardship of the Heir of the said Christopher, according to the intent of the same Testament and last Will remained, to be made and taken out of the aforesaid Lands called Eastendown, and of other the Lands and Tenements of the same Christopher, to the said Lands called Eastendown next adjoining: And further, the said Christopher, and Edward, Sons of the aforesaid Christopher, in Facto said, That the demesn Lands of the said Manor of Outelmeston, at the time of the death of the said Christopher, the Father, were next adjoining to the aforesaid Lands called Eastendown, And that the aforesaid Christopher Digges, the Father, at the time of his death, had not any Lands or Tenements next situate and adjoining to the said Lands called Eastendown, than the demesn Lands of the Manor of Outelmeston, with their Rights and Members, By which the third part by the aforesaid Testament and last Will, left to descend, aught to be taken out of the aforesaid Lands called Eastendown, and of the demesn Lands of the said Manor of Outelmeston aforesaid, called Eastendown next adjoining, And also said, That the aforesaid Manors, Lands and Tenements, whereof the aforesaid Christopher died seized, contained in them 2500. Acres of Lands, And that the third part of the 2500. Acres of Lands, is 833. Acres of Lands, by which to make the Lands called Eastendown, a full third part of all the Manors and Tenements, whereof the said christopher Digges died seized, aught to be taken out of the demesn Lands of the said Manor of Outlemeston, next adjoining to the said Lands called Eastendown, 733. Acres, Which third part of the Manors and Lands aforesaid, after the death of the said christopher Digges, Father of the said Thomas, Christopher, Edward, Reginald, and John, as Sons of the said Christopher descended, and of Right aught to descend. And that the aforesaid Lands called Eastendown, as also the aforesaid demesn Lands of the aforesaid Manor of Outlemeston, are, and time whereof the Memory of Man is not to the contrary, are and were of the Tenure and nature of Gavelkind, and for all that time parted and partable between Heirs Males, By which the said Thomas, Christopher, Edward, Reginald, and John, into the aforesaid Lands called Eastendown, and so much of the aforesaid demesn Lands of the aforesaid Mamnor of Outelmeston aforesaid, called Eastendown next adjoining, as with the aforesaid Lands called Eastendown, amounted to the third part of all the aforesaid Mamnors, Lands & Tenements, whereof the said Christ-Digges aforesaid died seized, entered, and were thereof seized in their demesn as of Fee in Copercenery; And so thereof being seized, The said John Digges died without issue of his body of his purpart thereof seized: after whose death, the aforesaid Thom. Christopher, Edward, & Reginald were seized of the aforesaid Lands called Eastendown, and of so much of the demesn Lands of the aforesaid Manor of Owtelmestone aforesaid, called Estendown next adjoining, as with the aforesaid Lands called Eastendown did amount to the third part of all the aforesaid Manor, Lands and Tenements, whereof the aforesaid Christopher died seized, and were thereof seized in their demesn as of Fee in Copercenerie & they being thereof so seized, the aforesaid Thomas Digges died thereof seized: and further the said Christopher and Edward said, that afterwards the aforesaid Thomas Digges in the aforesaid Commission named, so thereof as is said of his purpart of the premises being seized, died thereof seized, after whose death the said Christopher and Edward together with the aforesaid Reginald into the aforesaid Lands and Tenements being as before is said, of the nature and tenure of Gavelkind entered, and were by virtue of the said Custom of Gavelkind thereof Lawfully seized in Copercenerie as of their purparts, until after the birth of the said Thomas Posthumus Digges and by Colour of the Inquisition aforesaid, the aforesaid Lands called Eastendown and the aforesaid Manor of Owtelmestone amongst other things were totally and wholly seized into our hands. And the aforesaid Christopher and Edward utterly thereof and of their aforesaid purparts thereof to them as before is said, due and belonging, they were amoved and expelled unjustly; with this, that the said Christopher and Edward will aver, that the aforesaid Manor of Owtelmestone and the aforesaid Lands called Eastendown in the aforesaid last Will of the aforesaid Christopher the father mentioned and left to descend as afore is said, are the same Lands called Eastendown, and the said Manor of Owtelmestone in the Inquisition aforesaid mentioned, whereof the said Christopher and Edward demand Judgement, and that our hands from the two parts of the aforesaid Lands called Eastendown, and so much of the Demesn Lands of the aforesaid Manor of Owtelmestone next adjoining to the aforesaid Lands called Easten. as do amount to the third part of the aforesaid Manors and Lands whereof the aforesaid Christopher the father died seized, in 3 parts to be divided, that is to say, of 416 Acres of Lands, which to them for their purpart by the death of the aforesaid Christopher Digges their Father by the Custom aforesaid, thereof to them due and belonging, are, and to them of right descended, and aught to descend, be amoved; and that they to their said purparts of the premises, together with the Issues and profits thereof, and of every parcel thereof, from the time of the taking of the Inquisition aforesaid, and in the mean time received, be restored, etc. And whereas, we by our letters Patents under our Great Seal of England, bearing date at Westminster, the 7th. day of September in the year of our Reign the 38th. have committed to Margaret Digges the late Wife of the aforesaid Thomas Digges, and now the Wife of Thomas Palmer Esquire, the Wardshipp of the body and the Marriage of the said Thomas Posthumus Digges, To have, enjoy, and possess the wardshipp and Marriage of the said Thomas Posthumus Digges, to the said Margaret, her Executors and assigns, until the said Margaret, her Executors and assigns, the effect of the Marriage of the said Thomas Posthumus Digges receive, or have or should receive, or have, By virtue of which the said Thomas Palmer and Margaret as in the right of the said Margaret are of the Wardship aforesaid possessed; and because it seemeth expedient to us that the said Thomas Palmer and Margaret be warned before it be further proceeded in the said plea, We command you by good and Lawful men of your Bayliwick you warn the aforesaid Thomas Palmer and Margaret, that they be here before us in our said Chancery in 16 days of Easter next following wheresoever it then shall be, to Inform us and our Council wherefore our hands from the aforesaid two parts of the aforesaid Lands called Eastendown, and so much of the Demesn Lands of the said Manor of Owtelmestone next adjoining to the aforesaid Lands called Eastendown, as should amount to the third part of the aforesaid Manors, Lands, and Tenements whereof the aforesaid Christopher Digges the Father died seized, in 4 parts to be divided, that is to say, of 416 Acres of Land which to the aforesaid Christopher and Edward for their purpart after the death of the Christopher their Father according to the Custom aforesaid thereof to the aforesaid. Christopher and Edward are due, and belonging, and which to them of right descended, and aught to descend, be amoved, and that the said Christopher and Edward, to the said purparts of the said premises together with the Issues and profits thereof, and each parcel thereof, from the time of the taking of the Inquisition aforesaid in the mean time received ought not to be restored according to the said plea and petition of the said Christopher and Edward; and farther to do and receive which our Court shall consider in this behalf, Witness myself at Westminster the 23th. day of January in the year of our Reign the 40th. And have here the names of them by whom you gave warning, and this writ; And now at this day, that is to say the aforesaid 15. days of Easter, before the Lady the Queen in her Chancery here, that is to say, at Westminster aforesaid, come the aforesaid Christopher Digges the Son, and Edward Digges, by John Rotherham their Attorney of themselves, the 4th. day, against the said Thomas Palmer, and Margaret, of the Plea aforesaid, and George More Knight, Sheriff of the said County of Sussex, before the said Lady the Queen in her said Chancery, here sent the said Writ executed and returned, that is to say, that he, by virtue of the said Writ to him directed, the 12th. day of April, in the year of the Reign of the said Lady the Queen that now is the 40th. abovesaid, by John Byrstie Gent. and Thomas Wolf Gent. good and lawful men of his Balywick, gave warning to the said Thomas Palmer and Margaret, to be here at this day, to in form the said Lady the Queen and her Council, as the Writ aforesaid in it importeth and requireth, and as by the said Writ to him it was commanded: At which day, the said Thomas Palmer and Margaret, before the aforesaid Lady the Queen, in the said Court here at Westminster aforesaid, according to the warning aforesaid, to them as before is said given, come likewise, and pray licence with the Queen's Council, thereof to imparl before the said Lady the Queen, in the said Court here, until the Morrow of the Holy Trinity, than next following, etc. Wheresoever, etc. And then to Answer, etc. And have it, etc. And the same day is given to the aforesaid Christopher Digges the Son, and Edward Digges then and there, etc. At which Morrow of the Holy Trinity, before the said Lady the Queen in the said Court here, that is to say, at Westminster aforesaid, come aswel the aforesaid Christoph●r Digges the Son, and the said Edward Digges, as the aforesaid Thomas Palmer and Margaret, by their Attorney's aforesaid, And upon this the said Thomas Palmer and Margaret, pray licence further with the Queen's Council thereof to imparl, before the said Lady the Queen in the said Court here, until 8. days of St. Michael then next coming, etc. wheresoever, etc. and then to Answer, etc. and have, etc. And the same day is given to the aforesaid Christopher Digges the Son, and Edward Digges then and there, etc. At which 8. days of St. Michael, before the aforesaid Lady the Queen in the said Court here, that is to say, at Westminster aforesaid, came aswel the aforesaid Christopher Digges the Son, and Edward Digges, as the aforesaid Thomas Palmer and Margaret, by their Attorney's aforesaid, and upon this, the said Thomas and Margaret pray the hearing of the Writ aforesaid, and it is read unto them, etc. Which being read and heard, The said Thomas and Margaret say, That the Hands of the said Lady the Queen, from the said two parties of the aforesaid Lands called Eastendown, and so much of the Demesn Lands of the aforesaid Manor of Outelmeston, next adjoining to the aforesaid Lands called Eastendown, as amount to the third part of the aforesaid Manors, Lands and Tenements, in 4. parts to be divided, nor from any part thereof aught to be amoved, nor the aforesaid Christopher Digges the Son, and Edward Digges to the aforesaid purparts of the premises above demanded, together with the Issues and Profits of the purparts of the premises, in the mean time aforesaid received ought not to be restored: Because protesting that the aforesaid Manors and Tenements of which it is supposed the aforesaid Christopher Digges the Father to have died seized, or any part thereof are not of the nature of Gavelkind, in the said County of Kent, protesting also that the said Christopher Digges the Father, by his last Will and Testament, did not Will and Devise the Manors and Tenements aforesaid with the appurtenances, as the aforesaid Christopher Digges the Son, and the said Edward Digges, in their Declaration above have alleged, For Plea say, That the aforesaid Christopher Digges the Father, in his life time was seized of all the Manors and Tenements aforesaid with the appurtenances, in his Demesn of Fee, and so thereof being seized, the 6th. day of May, in the year of the Reign of the said Lady the Queen that now is the 10th. at Owtelmeston aforesaid, by a certain Indenture between him the said Christopher of the on● part, And Henry crisp of Tennet, in the aforesaid County of Kent Knight, John Brook, Francis Gatacre, Richard Brook, Thomas Leveson, and Richard Horewood Gent. of the other part made, and with the Seal of the said Christopher the Father sealed, bearing date the same day and year, Aswel in the consideration of a Marriage between the said Christopher the Father, and Martha Sister of the aforesaid John and Richard Brook, before that time had and solemnised, as in the consideration of the sum of 200. pounds, of good and lawful Money of England, before the solemnisation of the Marriage aforesaid, to the said Christopher the Father paid, and also for the preferring and sure advancing of the aforesaid Thomas Digges, than Son and Heir aparent of the said Thomas begotten; As also for divers other good causes and considerations the said Christopher the Father moving, Covenanted, Granted and Agreed to and with the aforesaid Henry Crisp, John Brook, Francis Gatacre, Richard Brook, Thomas Leveson, and Richard Horewood, their Executors, and Administrators in form following, That aswell the said Christopher Digges the Father, and his Heirs, and every other person and persons, & their Heirs, who then stood or were seized, or that at any time then after should stand or should be seized, of and in all and singular the Manors, Messages, Lands Tenements, Rents, Reversions, Services, and Hereditaments, of the said Christopher Digges the Father, whatsoever with the Appurtenances, situate lying and being in the aforesaid County of KENT, from thence forward should stand and be seized of and in all and singular the said Manors, Messages, Lands, Tenements, Rents, Reversions, Services, and Hereditaments, and other the premises in the said County of KENT, with all and singular their Appurtenances, to the only uses and intents afterwards in the said Indentures mentioned and expressed, and to no other use, intent or purpose, That is to say, To the use of the said Christopher Digges the Father, for the Term of his life, And after the decease of the said Christopher the Father, to the use of the said Thomas, Son of the said Christopher the Father, and the Heirs Males of the Body of the said Thomos lawfully begotten, or to be begotten, and for default of such issue, to the use of the Heirs Males of the Body of the said Christopher the Father, upon the Body of the said Martha lawfully to be begotten, as by the said Indenture amongst other things it more fully appeareth; By virtue whereof, and by force of a certain Statute of tranferring of uses into possession, in the Parliament of the late King HENR● the 8th. the 4th. day of February, in the year of his Reign the 27th, at Westminster, in the County of Middlesex, holden made, The said Christopher Digges the Father, was seized of the Manors and Tenements aforesaid with the Appurtenances, in his Demesn as of  for the Term of his life, the Remainder thereof to the aforesaid Thomas in form aforesaid expectant, And the said Christopher the Father, being thereof so seized, the Remainder thereof in form aforesaid expecting, The said Christopher the Father, at Owtelmeston aforesaid died, of such his Estate thereof seized, After whose Death, The said Thomas Digges the Son, into the Manors and Tenements aforesaid with the Appurtenancesentred and was thereof seized in his Demesn as of Fee-tail, that is to say, to him and the Heirs Males of his Body begotten, by virtue of the Indenture aforesaid, and by force of the Statute aforesaid; And so being seized of all and singular the Manors and Tenements aforesaid, The aforesaid 10th. day of April, in the year of the Reignof the said Lady the Queen that now is the 32th. At Owtelmeston aforesaid, of such his Estate died seized, Thomas Posthumus Digges, being Son and Heir of his Body, within Age, and in the Ward of the said Lady the Queen, as by the said Inquisition it is found, without that, that the aforesaid Christopher Digges the Father, died seized of the Manors and Tenements aforesaid with the Appurtenances, in his Demesn as Fee, as the aforesaid Christopher, the Son, and Edward, in the Monstrans de droit aforesaid, above have alleged, And this they are ready to aver, Whereupthey demand Judgement, If the Hands of the said Lady the Queen, from the aforesaid two parts of the aforesaid Lands called Eastendown, and so much of the Demesn Lands of the Manor of Outelmeston, next adjoining to the aforesaid Lands called Eastendown, as amount to the third part of the aforesaid Manors, Lands and Tenements, whereof it is supposed that the said Christopher the Father, died seized in 4. parts to be divided, or of any part thereof aught to be amoved, Or the aforesaid Christopher Digges the Son, and Edward to the aforesaid purparts of the premises, in the mean time aforesaid received aught to be restored: And the aforesaid Christopher the Son, and Edward, as at first say, That the aforesaid Christopher Digges the Father died, seized of the Manors and Tenements aforesaid in his Demesn as of Fee, as in their Monstrans de droit aforesaid above they have alleged, And this they are ready to aver, And pray, that it be inquired of by the Country: And the aforesaid Thomas Palmer and Margaret likewise, etc. And therefore day is given to the parties aforesaid, before the said Lady the Queen, in 8. days of Saint Hillary, wheresoever it should be, to do, and receive what shall be just in the premises; And that it is commanded to the Sheriff of KENT, that he cause to come before the said Lady the Queen at that day, 12. good and lawful men of the Neighbourhood of Barham, Lenham, Frensted, Harrisham, Sturrey, Hackington, and the Parish of Saint Stephens, and of the Manor of Netherhard, in his Balywick, whereof every one have 4. l. per Annum in Lands, Tenements, or Rents at the least, by whom the truth of the matter might best be known; And who neither, etc. To Recognize, etc. At which day before the Lady the Queen at Westminster, come aswel the aforesaid Christopher Digges the Son, and Edward Digges, by Thomas Westbie the Elder their Attorney, as the aforesaid Thomas Palmer and Margaret, in their proper persons; And the Sheriff of KENT returned the names of the Jurors, etc. Whose names, etc. Whereof none, etc. Therefore it is commanded to the said Sheriff of KENT, that he have their Bodies afore the Lady the Queen, in 8. days of the Purificaiion of the blessed Mary, wheresoever, etc. to Recognize in form aforesaid, etc. And the same day is given to the parties aforesaid, etc. At which day, before the Lady the Queen at Westminster, come aswel the aforesaid Christopher Digges the Son, and the said Edward by their Attorney aforesaid, as the aforesaid Thomas Palmer and Margaret in their proper persons: And the Sheriff sent not his Writ thereof, etc. There again as before, It is commanded, etc. That he destrein the Jurors aforesaid, by all their Lands, etc. So that he have their Bodies before the Lady the Queen, from the day of Easter, in 15. days wheresoever, etc. Unless the Justices of the Lady the Queen to Assizes, in the County of KENT to be taken assigned, first upon Monday, in the 5th. Week of Lent, at Rochester, in the aforesaid County of KENT, according to the form of the Statute shall come for default of Jurors. And therefore that the Siherif have their Bodies, etc. to Recognize in form aforesaid, And the same day is given to the parties aforesaid; At which day, before the Lady the Queen at Westminster, came aswel the aforesaid Christopher Digges the Son, and Edward Digges by their Attorney, as the aforesaid Thomas Palmer and Margaret in their proper persons. And the aforesaid Justices to Assizes, before whom, etc. sent here the Record had before them in these words: After wards, the day and place within contained, before Francis Gawdy, one of the Justices to Pleas, before the Queen herself to be holden assigned, and George Kingsmill, one of the Justices of the said Lady the Queen of the Bench, Justices of the said Lady the Queen to Assize●, in the said County of Kent to be taken assigned, by the form of the Statute, etc. come aswel the within named Christ●pher Digges, and Edward Diggs, by Edmond Gibbon, their Attorney within written, as the said Thomas Palmer and Margaret, by Nathaniel Manley their Attorney. And the Jurors of the Ju●y, whereof within mention is made, likewise being called come, who to say the truth of the within contained, chosen, tried, and sworn, say upon their Oaths, That long before the day of the bringing of the Monsirans de droit within written, one Christopher Digg, otherwise Digges Esquire, in the Monstrans de droit within named, Father of the aforesaid Christopher Digges, and Edward Digges, was seized of the Manors, Lands and Tenements with the appurtenances, in the Monstrans de droit specified, and of and in Lands and Tenements, in the Indenture hereafter specified in his Demesn as o● Fee; And so thereof being seized, The said Christopher Digges the Father, before the day of the bringing of the Monstrans de droit within written, that is to say, the 6th. day of May, in the year of the Reign of the said Lady the Queen that now is the 10th. By his Indenture, between him the s●id Christopher Digges the Father of the one part, & Henry Cripps Knight, John ●rook, Francis Gatacre, Richard Brook, Thomas Leason, and Richard Horewood Gent. of the other part made, one part whereof with the Seal of the said Christopher Digges the Father sealed, to the Jurors aforesaid, in Evidence was showed, whose Date is the same day and year, For the Considerations and Causes in the same Indenture specified, covenanted, and granted for him and his Heirs, To and with the aforesaid Henry ●ripps, John Brook, Francis Gatacre, Richard Brook, Thomas ●eison, and Richard Horewood and their Heirs, That the said Christopher Digges the Father, and his Heirs, then from thenceforth would stand and be seized, of and in all and singular the aforesaid Manors, Lands and Tenements, to the Behoofs and uses, Provisons and intents, in the same Indenture specified, The Tenor of which Indenture followeth in these words. ss. This Indenture made the 6th. day of May, in the 10th. year of the Reign o● our Sovereign Lady Elizabeth, by the Grace of God Queen of England, France and Ireland, Defender of the Faith, etc. Between Christopher Digg, otherwise Digges, of Outelmeston in the County of Kent Esquire on ●he one part, and St. Henry Cripps or Thenett, in the said County Knight, John Brook, Francis Gatacre, Thomas Leweson, and Richard Horewood Gent. on the other part witnesseth, That whereas the said Christopher Digges, did heretofore marry and take to Wife Martha Brook, Sister of the said John Brook, and Richard Brook, and now Wife of the said Christoper, and during the said Marriage had, and continuing, they had and have issue be ween their, Thomas Digg, otherwise Digges, now being Son and Heir apparent of the said Christopher, Therefore aswel in Consideration of the said Marriage so had between the said Christopher and Martha, As al●o for and in consideration of the sum of 200. pounds, of good and lawful money of England, before the solemnisation of the Marriage aforesaid, unto the s●id Christopher well and truly contented, satisfied and paid, As also for the Preferment and certain Advancement of the said Thomas ●igges, and of the Heirs Males of the said Thomas Digges of his Body lawfully to be begotten, And also for divers other good considerations the same Christopher Digges thereunto specially moving, It is now Covenanted, Granted, Concluded, Condescended and Agreed, between the parties to these presents, and the said Christopher Digges and his Heirs, doth by these presents Covenant, Grant, and Agree, to and with the said Sr. Henry Cripps Knight, John Brook, ●rancis Gatacre, Richard Brook, Thomas Leweson, and Richard Horewood, their Executors and Administrators in manner and form following, That is to say, That aswell the said Christopher Digges, and his Heirs, and all and every other person or persons, and their Heirs, which now stand or be seized, or at any time hereafter shall stand or be seized, of and in all and singular his Manors, Messages, Lands, Tenements, Rents, Reversions, Services whatsoever with their appurtenances, set, lying and being in the said County of Kent, shall from the day of the Date of these presents stand and be seized, of and in all and every the said Manors, Messages, Lands, Tenements, Rents, Reversions, Services, and Hereditaments, and other the premises, in the said County of Kent, to the only uses and intents hereafter, in these presents mentioned and expressed, and to none other use, intent or purpose; That is to say, To the use of the said Christopher Digges for his natural life, and after the decease of the said Christopher Digges, Then to the use of the said Thomas Digges, and the Heirs Males of his body lawfully begotten, and for default of such Heirs Males, Then to the use of the Heirs Males of the body of the said Christopher, upon the Body of the said Martha lawfully to be begotten. Provided always, and it is nevertheless Covenanted and Agreed, by these presents, between the said parties to these presents, upon the Considerations above mentioned, That for the Preferment and Advancement of the other Children of the said Christopher Digges, and for the payment of his Debts or Legacies, or for any other necessary purpose or intent, It shall and may be lawful to and for the said Christopher Digges, together with Sr. Henry Cripps Knight, John Brook, Francis Gatacre, Richard Brook, Thomas Leweson, and Richard Horewood, or three of them, the said Henry Cripps, John Brook, Francis Gatacre, Richard Brook, Thomas Leweson, and Richard Horewood, at any time hereafter, during the life of the said Christopher Digges, together with and by the joint Consent and Agreement of the said Henry Cripps, John Brook, Francis Gatacre, Richard Brook, Thomas Leweson, and Richard Horewood, or three of them the said Henry, John, Francis, Richard, Thomas, and Richard, by their Joint Deed or Writing Indented of them the said Christopher Digges, Henry Cripps, John Brook, Francis Gatacre, Richard Brook, Thomas Leweson, and Richard Horewood, or of the said Christopher Digges, or of three of them, the said Henry, John, Francis, Richard, Thomas and Richard, and being sealed with the seals of the said Christopher Digges, Henry Cripps, John Brook, Francis Gatacre, Richard Brook, Thomas Leweson, and Richard Horewood, or of the said Christoper Digges, or three of them the said Henry, John, Francis, Richard, Thomas, and Richard, and to be enrolled in any Court of Record of our sovereign Lady the Queen, or of her Heirs and Successors, to make void and frustrate any of the use, or uses, estate, or estates, in these presents above mentioned, expressed, or declared, only for, of or in any such part or parcel of the premises, as by the said Christopher Digges, Henry Cripps, John Brook, Francis Gatacre, Richard Brook, Thomas Leweson, and Richard Horewood, or by the said Christopher Digges, or three of them, the said Henry, john, Francis, Richard, Thomas and Richard, shall be thought meet and convenient, and by the said Writing Indented and Enrolled, shall be expressly limited and appointed, and no otherwise; And thereof by the said Writing Indented, so to be in●olled of new, to declare, limit, or appoint any such new, or any other such use, or uses, estate, or estates, as to the said Christopher Digges, Henry Cripps, john Brook, Francis Gatacre, Richard Brook, Thomas Leweson, and Richard Horewood, or any three of the said Henry, John, Francis, Richard, Thomas, and Richard, shall be thought meet and convenient, as by the said Writing Indented shall be expressed and declared, and not otherwise, any thing in this present Indenture contained, to the contrary thereof in any wise notwithstanding: And that immediately from and after such new Declaration, Limitation and Appointing of any new, or other use, or uses, of or in any part or parcel of the premises, by writing Intended, sealed, and enrolled as aforesaid, than the use, and uses, estate, or estates, of such and so much only of the premises, whereof any such new Declaration, Limitation, or Appointment, shall be so had, and made, shall be, And the said Christopher Digges, his Heirs and Assigns, and all other person or persons, their Heirs and Assigns, which at any time hereafter, shall stand and be seized of or in so much of the premses, whereof any such new Declaration, limiting and appointing, shall be so had, and made, shall stand and be seized thereof, to the use of such person and persons, and to such use, intents and conditions, as shall be mentioned and expressed, in the said Writing Indented and Enrolled, and to none other use, intent or purpose, any thing above mentioned to the contrary thereof in any wise notwithstanding. In witness whereof the parties to these presents inter changeably to this present Writing Indented, have put their Seals the day and year above written. By virtue of which Indenture, and by force of a Statute transferring of uses into possession, in the Parliament of the Lord Henry late King of England the 8th. the 4th. day of February, in the year of his Reign the 27th. at Westminster, in the County of Middlesex holden, made, The aforesaid Christopher Digges the Father, was seized of the Manors and Tenements with the appurtenances, within monstra●s de droit above specified in his Demesn as of Freehold, for the term of his life, the remainder thereof to the aforesaid Thomas, & the Heirs Males of his Body issuing, and for default of such issue, The Remainder thereof to the Heirs Males of the Body of the said Christopher the Father of the aforesaid Martha lawfully begotten: And the said Christopher Digges the Father, so of the Manors and Tenements aforesaid with the appurtenances being seized, the Remainder thereof to the aforesaid Thomas, in form aforesaid expecting, The said Christopher Digges the Father, and the aforesaid joh. Brook Ric. Brook & Tho. Leweson afterwards, and before the day, etc. that is to say, the 6th. day of May, in the year of the Reign of the said Lady the Queen that now is the 12th. By a certain Indenture between them, the said Christopher Digges the Father, and the aforesaid john Brook, Richard, and Thomas Leweson of the one part, & Thomas Ovington, and Thomas Digges, of Chertham in the County of Kent Gent. of the other pa●t made, and in the Court of Chancery of the said Lady the Queen that now is at Westminster, then being, the 4th. day of junc, in the year of the Reign of the said Lady the Queen that now is the 12th. aforesaid, in due manner of Record enrolled, one part of which, with the Seals of the aforesaid Christopher Digges the Father, john, Richard, and Thomas Leweson sealed, To the Jurors aforesaid in evidence was showed, whose Date is the same day and year abovesaid, In which Indenture, reciting the first Indenture, bearing Date the 6th. of May, in the year of the Reign of the said Lady the Queen that now is the 10th. abovesaid, made between him the said Christopher Digges the Father, of the one part, and the aforesaid Henry Cripps Knight, john Brook, Francis Ga●acre, Richard Brook, Thomas Ltweson, and Richard Horewood, of the other part, Covenanted, Granted, and Agreed, to and with the aforesaid Thomas Ovington, and Thomas Digges, their Heirs, Executors, and Assigns, in manner and form as followeth in these words. And also, whereas, The said Christopher Digges, at the time of the making of the said Indenture in these presents above recited, was seized of an Estate of Inheritance, amongst other the Manors, Lands, Tenements, and Hereditaments, abovesaid, of and in one Close, in the abovesaid Parish of Barham, in the occupying of Bartholomew Baker, containing by estimation 3. Acres, and 2. Acres of Land in Stony Rock, and 3. Acres and 2. yards in Parsonage-field, in the occupation of the said Bartholomew Baker, in Barham aforesaid, and 2. half Acres of Land in the occupying of Henry Crowd, and one half Acre, late in the occupation of john Barham Gent. in the Parish of Barham aforesaid, And also 3. Acres called Green Hill, and one Acre lying in Brome lease, joining to Thomas Lads Ground, and one yard in john Nashes Land, lying in Barham aforesaid, and Kingston next Barham in the County aforesaid, and also 16. Acres of Down Land and Pasture, in the said Parish of Barham and Kingston aforesaid, and Adsham in the County aforesaid, in the occupying of Kembers Heirs, and also the moiety of 31. Acres of Marish Land, and Arable, the moiety of one Tenement lying in the Parish of Woekham, in the said County, and 3. Acres of Marish Land more late in the occupying of Robert Formel, and 5. Acres of that, now in the occupying of David Demetrius, of Littleborn Court, lying in the Parishes of Littleborn, and Wockham aforesaid, and Ickham in the County aforesaid, And also one Tenement with 7. Acres of Land, lying at Stelling Mennis, in the Parish of Ekham, late in the occupying of Richard Ovingden, 30. Acres of Wood-Land, in the Parish of Netherherds, now in the occupying of the said Christopher Digges, and 1. Acre of Arable Land, in the occupying of Henry Rigden, called Bedleacre, and also 2. Acres of Land in Demisdale, and 3. Acres in spots Cross, half an Acre in Wholdstane, in the parishes of Barham and Kingston, and 12. Bushels of Rend Barley out of William Ademe's Land, in Kingston aforesaid, and 3. Acres of Land, at a Place called Marley, within the Parish of Kingston, in the occupying of James Adem, and also 1. Tenement with 7. Acres of Arable Land and Pasture, in the occupying of Henry Crowd, in the Parish of Barham aforesaid; And also 60. Acres of Arable Land, Pasture, and Down-Land; in the Parish of Barham aforesaid, and also 3. Acres of Meadow, lying in Winch, in the Parish of Tannington, and 7. Seams of Rend Barley in the Parish Sutton next Sandwich, and also 3. Acres of Arable Land in the occupation of Richard Ragely, in the Parish of Kingston aforesaid, and 36. Acres of Wood-Land, Arable and Pasture, and half a Message, half a Barn, and half a Stable, an Outhouse, and a Meadow containing 12. Acres, adjoining to the Barn in the occupying of James Herringe, in the Parishes of Kingston aforesaid, and Bourn in the County aforesaid. Whereupon, and for and in consideration, that the said Christopher Digges is indebted to divese persons in the sum of 900. pounds or thereabouts, and that he the said Christopher may have full authority to sell and alienate some part of the said Lands and Tenements, for the payment of his said debts, It is now Covenanted, Granted, Condescended and Agreed, Between the said Christopher Digges, John Brook, Richard Brook, and Thomas Leweson, and the above named Thomas Ovington, and Thomas Digges, their Heirs and Assigns; And the said Christopher Digges, John Brook, Richard Brook, and Thomas Leweson, for them and every of them, their Heirs and Assigns, by their joint Consent and Agreement, do Covenant, and Grant, to and with the said Thomas Ovington, and Thomas Digges, their Heirs and Assigns by these presents, That from the enrolment of this present Indenture, in the Queen's Majesty's Court of Chancery, That all and every the said use, and uses, considerations, and intents, limited, declared, and mentioned, in the abovesaid Indenture in these presents above comprised, And to, and as concerning only all and singular those several parcels of the premises particularly above mentioned, shall be utterly void, frustrate, and be determined and ended. And that the said Christ. Digges, and his Heirs, and all & every other person and persons, which now stand, or be seized, or at any time hereafter shall stand and be seized; of and in the said several parcels particularly above mentioned with their Appurtenances, shall from the time of the enrolment of these presents, stand and be of all and every the same particular parcels above mentioned only, with their Appurtenances, seized only unto the use of the said Christopher Digges, his Heirs and Assigns for ever, and to no other use, uses, purposes, and intents: In Witness whereof the parties abovesaid to these present Indentures, their Seals interchangeably have set, dated the day and year first above written, as by the Indenture aforesaid more fully appeareth. By colour of which Indenture and enrolment, and by force of the aforesaid Statute of transferring of uses into possession, made and provided, The aforesaid Christopher Digges the Father, was seized of the aforesaid parcel of Lands, Tenements, and Hereditaments with the Appurtenances, in the Indenture aforesaid particularly further specified as the Law requireth: And further, the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid Christopher Digges the Father, of the Manors, Lands and Tenements, in the Monstrans de droit within written with their Appurtenances, in form aforesaid being seized, The said Christopher Digges the Father, and the aforesaid John Brook, Richard Brook and Richard Horewood afterward, and before the time of the bringing of the Monstrans de droit within written, that is to say, the 20th. day of September, in the year of the Reign of the said Lady the Queen that now is the 13th. By another Indenture between them the said Christoph●r Digges the Father, John, Richard, and Richard Horewood on the one part, and the aforesaid, Thomas Ovington, and Thomas Digges, of Chatham aforesaid, on the other part made, By the names of Christopher Digges of Barham in the County of Kent Esquire, John Brook, Richard ●rook, and Richard Horewood Gent. on the other part made, and in the Court of the Lady the Queen of Common Pleas, at Westminster afterwards, that is to say, in the Term of St. Michael, in the year of the Reign of the said Lady the Queen that now is the 13th. and 14th. in due manner of Record enrolled, one part whereof, with the Seals of the aforesaid Christopher Digges the Father, John, Richard Brook, and Richard Horwood sealed, and to the Jurors aforesaid in Evidence showed, whose date is the same day and year, reciting the aforesaid Indenture, bearing date the 6th. day of May, in the year of the Reign of the said Lady the Queen that now is the 10th. abovesaid, made between the aforesaid Cheistopher Digges the Father of the one part, and the aforesaid Henry Gripps Knight, John Brook, Francis Ga●a●re, Richard Brook, Thomas Leweson and Richard Horewood, of other the part, Covenanted, Granted, and agreed, to and with the aforesaid Thomas Ovington, and Thomas Digges, their Heirs and assigns in manner and form, as followeth in these words. Whereupon, and ●or and in Consideration, that the said Christopher Digges is indebted to divers persons in the sum of a 1000 pound or there abouts & that he the said Christopher may have full authority to sell and alienate part and parcel of all and singular his said Lands and Tenements whatsoever for the payment of his said debts, and for any other necessary purpose and intent, it is now Covenanted, granted, condescended, and agreed Between the said Christopher Digges, John Brook, Richard Brook, and Richard Horewood, and the above Thomas Ovington and Thomas Digges their Heirs and assigns. And the said Christopher Digges, John Brook, Richard Brook, and Richard Horewood, for them and every of them, their Heiirs and Assigns, by their Joint consent and agreement, do covenant and grant to and with the said Thomas Ovington, and Thomas Diggsses their Heirs and Assigns by these presents, that from the time of the enrolment of this present Indenture in the Queen's Majesty's Court of Chancery, that all and every the said use and uses, considerations and intent, in any wise limited, declared, and mentioned in the abovesaid Indenture in these presents above comprised and for and as concerning all and singular their Manors Messages, Lands, Tenements, Rents, Reversions, Services, and Hereditaments whatsoever, with the appurtenances in any wise mentioned, meant, comprised and specified, in the abovesaid Indenture in these presents above comprised except,— or Meadow lying and being in the Parish of Bishopsborne in the said County of Kent containing by estimation— or thereabouts, and now or late in the occupation or possession of one Vincent Edley, or of his Assigns, shall be utterly void and frustrate, and be determined and ended, and that the said Christopher Digges and his heirs, and all and every person and persons which now stand and be seized, or at any time hereafter shall stand and be seized of and in all and singular the said Manors, Messages, Lands, Tenements, Rents, Reversions, Services, and Hereditaments whatsoever with the appurtenances, or any parcel thereof, in any wise mentioned, meant, comprised, or specified in the abovesaid Indenture, in these presents comprised (except before excepted) shall from the time of the Inrolment of these presents, stand and be seized of and in all and singular the said Manors, Messages, Lands, and Tenements, Rents, Reversions, Services, and Hereditaments whatsoever with the appurtenances, in the said former Indenture, or in these presents meant, contained, or, specified, and of and in all and every part and parcel thereof (except before excepted) to the only use of the said Christopher Digges, his Heirs & assigns for ever, & to no other use or uses, purposes or intents. In witness whereof, the parties abovesaid to these present Indentures their Seals enterchangeablie have set, dated the day and year first above written, as by the said other Indenture further recited more fully appeareth: And the aforesaid Christopher Digges the Father, so as before is said, of the Manors, Messages, Lands, Tenements and Hereditaments, aforesaid with the appurtenances, in the aforesaid Indenture bearing date the 20th. day of September in the 13th year abovesaid as the same requireth being— the said Christopher Digges the Father afterwards, and before the day of the being of the Monstrans de dro●t within written, that is to say, the 20th. day of October in the year of the Reign of the said Lady the Queen that now is the 14th. By another certain Indenture between the said Christopher Digges the Father, of the one part, and Richard Gaunt Gentleman, and Laurence Applegate of the other part made, one part of which with the Seal of the said Christopher to the Jurors aforesaid, in evidence was showed, whose date is the same day and year, covenanted and granted for him and his Heirs, to and with the aforesaid Richard Gaunt and Laurence Applegate, in manner and form as in the Indenture aforesaid is contained, the Tenor of which followeth in these words. Thi● Indenture made the 25th. day of ctober in the 14th. yeear of the Reign of our Sovereign Lady Elizabeth by the g●ace of God Queen of England, France and Ireland, defender of the Faith etc. Between Christopher Digges of Barham, in the County of ●ent Esquire, on the one party, and Richard Gaunt of the City of Canterbury Gent●em●n and Laurence Applegate of the Parish of Saint George of the same City Draper, on the other party, Witnesseth, That it is Covenanted, granted, condescended, and agreed, by all the parties to these Indentures by these presents, in manner and form following, that is to say, that first the said Christopher Digges for him and his Heirs, Executors, and Administrators, doth Covenant and grant, to and with the said Richard Gaunt, and Laurence App●egate, their Executors and assigns by these presents, that he the said Christopher and Martha his Wife, before the end of this Instant Term of Saint Michael, upon the writ of Covenant to be pursued by the said Richard and Laurence out of the high Court of Chancery, and retornable before the Queen's Majesty's Justices of the common plea at Westminster, shall acknowledge and levy a fine of all those the Manors, Lands, Tenements, Meadows, Marshes, Pastures, Feeding, Woods, Underwoods' Rents, and Services, to any the same Manors appertaining, or in any ways belonging, set, lying and being in the Parishes of Barham, Kingston, Bishop Borne, Pati●chborne Littleborne, Wellborn, Sturrey, Harrisham, Saint Stephens, Hackington Netherherds, Lenham, & Brensted, in the County of Kent and also all other the Lands & Tenements whatsoever, which he the said Christopher Dighes now hath or late had in the same County, and that by he names of Owtelmestone, Mayton Hackington and Yokes Court, with the appurtenances, & 40 Messages, 20 Tofts, 1 Mill, 3 Dovehouses, 20 Gardens, 10 Orchards, 1000 Acres of Land, 100 Acres of Meadow, 100 Acres of Pasture, 600 Acres of Wood, 10 Acres of Heath & Furze, & 5 pound Rent, & the Rent of 10 Quarters of Barley with the appurtenances, in Barham, Kingston, Bishopsborne, Bridge, Patricksboone, Littleborne, Wellborn, Sturrey, St. Stephens, Hackington, Netherherds, Lenham, Harrisham, Frensted, Sutton, Repple, and Sholden, and nevertheless it is covenanted, granted, and agreed, between the said Christopher Digges, Rich Gaunt, & Laurence Applegate, & they their Heirs, Executors, & Assigns, do covenant and grant by these presents, to and with the said Christopher Digges his Heirs, Executors, and Assigns, in form following, that is to say, that the same Fine, and the use and execution of the same, as to the Manor of Yokes Court with the appurtenances, and one Message called Fokeham, 500 Acres of Land, Meadow and Pasture by estimation be it more or less with the appurtenances, set, lying and being in the parishes of Fremsted, Lenham, & Harrisham in the County of Kent aforesaid, 160 Acres of Land, Meadow, and Pasture in the Parish of Netherherds, Nackington, and Patricksborne in the said County, And all those Lands arable and Pasture, containing by estimation 200 Acres called Gore and Ilding, lying and being in the Parishes of Barham and Kingston, now late in the 〈◊〉 of James Herenge and John Nethersale or of their assigns, all Woods, Wood-Lands, Underwoods', Courts, Rents, perquisites of Court, to all the same only excepted, shall be to the use of the said Christopher Digges and Martha, and the Heirs and Assigns of the said Christopher Digges for ever. And that the said Fine, use, and execution thereof, as well to the said Manors of Owtelmestone, Mayton, and all the Lands, Meadows, Marshes Feedings, Woods, Underwoods', Rents and Services, to the same Manors or any of them belonging, or in any wise appertaining, and also all other the Lands, Messages, Tenements, Meadows, Pastures, Marshes, Woods, Underwoods', and other Hereditaments whatsoever, above in these presents specfi●ed, mentioned, or comprised, the use thereof in the abovesaid Fine in form abovesaid to be levied and acknowleged before by this Indenture not limited or appointed (the Rent of 10 quarters of Barley only except) to be to the only use and behoof of the said Christopher Digges his Heirs and Assigns for ever, and to no other use or uses, purpose or intent, and that the said Fine or use and execution thereof as to the abovesaid 10 Quarters of B●rley to be to the only use and behoof of the abovesaid Richard Gaunt and his Heirs for ever. In witness whereof the parties abovesaid to these present Indentures their Seals interchangeably have set, dated the day and year first above wri●ten; And the aforesaid Christopher Digges the Father (so as afore is said) of the Manors. Messages, Lands, Tenements and Hereditaments aforesaid, with the appurtenances in the Monstrans de droi● within written specified as the Law requireth, being seized, Afterwards, and before the bringing of the Monstrans de droit within written, that is to say from the day of Saint Martin within written in 15 days in the year of the Reign of the said Lady the Queen that now is the 14th. abovesaid, A Fine was levied in the Court of the said Lady the Queen that now is at Westminster in the County of Middle●ex, before James Dyer, Richard Weston, John Welsh, and Richard Harper, than Justices: and afterwards in 8 days of Saint Hillary in the year of the same Lady the Queen that now is the 14th. abovesaid there then granted and recorded before the said Justices and o●hers of the Queen's faithful people then and there present, between the aforesaid Richard Gaunt Gentleman and Laurence Applegate plaintiffs and the aforesaid Christopher Digges and Martha his Wife deforceants, of the Manors, Lands, Tenements, and Hereditaments, in the Monstrans de droit within written with the appurtenances, amongst other, by the names of the Manors of Owtelmestone, Mayton, Nackington, and Yokes Court with the appurtenances, and 40 Messages, 20 Tofts, one Mil, 3 Dovehouses, 20 Gardens, 12 Orchards, 1000 Acres of Land, 100 Acres of Meadow, 700 Acres of Pasture, 600 Acres of Wood, 100 Acres of Furze and Heath, and 100 shillings of Rent, and the Rent of 10 Quarters of Barley with the appurtenances in Barham, Kingston, Bishopsborn, Bridge, Patricksborne, Littleborne, Wellborn, Sturrey, Saint Stephens, Nackington Netherherds, Lenham, Harisham, Frinsted, Sutton, Ripple, and Shalden, whereupon a plea of Covenant than was summoned between them in the said Court, That the aforesaid Christopher Digges, and Martha do acknowledge, the aforesaid Manors and Rents with the appurtenances, to be the Right of the said Richard, and those which the said Richard and Laurence then had of the gift of the aforesaid Christopher and, Martha and these then remised and quit claimed from them the said Christopher and Martha & their Heirs, to the aforesaid Richard and Laurence and the Heirs of the the said Richard for ever: and moreover the said Christopher, and Martha then had granted for them & Heirs the of the said Christopher, that they warrant to the aforesaid Richard and Laurence, and the Heirs of the said Richard, the aforesaid Manors, Tenements, and Rents with the appurtenances, against all men for ever, and for this Recognition, Release, Quit claim, warranty, Fine and Concord, the said Richard and Laurence gave to the aforesaid Christopher and Martha 8 pound Sterling, which Fine was levied with proclamations according to the form of the Statute in such case made and provided. And further the Jurors say upon their oath aforesaid, that the aforesaid Fine, in form aforesaid levied, was had and levied to the uses and intents in the Indenture aforesaid, bearing date the 26th. day of October in year of the Reign of the said Lady the Queen that now is the 14th. as abovesaid above specified, By colour of which Fine, Indenture and Statute aforesaid, the aforesaid Christopher Digges the Father was seized, of the Manors, Tenements, and Hereditaments aforesaid, with the appurtenances, as the Law requireth: And the Jurors aforesaid further say upon their Oath aforesaid, That the aforesaid Christopher Digges the Father, so (as before is said) of the Manors and Tenements above written as the Law requireth, being seized, the said Christopher Digges the Father, and the aforesaid John Brook, Richard Brook, and Richard Horewood, afterwards, that is to say, the 7th. day of November, in the year of the Reign of the said Lady the Queen that now is the 14th. came into the Court of the said Lady the Queen of her Chancery, and then and there acknowleged the Indenture aforesaid, bearing date the 20th. day of September, in the 13th. year aforesaid, to be their deed: and upon that the said Indenture afterwards, that is to say, the 7th day of November, in the 14 year aforesaid, in the said Court of Chancery in due Manner of Record was Enrolled: By virtue of which, and force of the Statute aforesaid, the said Christopher Digges the Father was of the Manors, Lands, and Tenements, within written seized as the same Law requireth; and so thereof being seized, the said Christo. Digges, the Father, afterwards, and before the day of the bringing of the showing of right within written, that is to say, the first day of February in the year of our Lord 1576, and in the year of the Reign of the said Lady the Queen that now is the 19th. made his Testament and last Will in writing, of which said Testament and last Will, the Tenor (amongst other) followeth in these Words. In the Name of God Amen: The first day of February, in the year of our Lord God 1576, and in the 19th year of the Reign of our Sovereign Lady Elizabeth, by the grace of God Queen of England, France and Ireland, defender of the Faith, etc. I Christopher Digges of Saint Gregory's, without the Walls of the City of Canterbury Esquire, Son and Heir of William Digges late of Barham in the County of Kent deceased, being sick in body, but of good and perfect remembrance, thanked be the Almighty God, Revoking and making void all other my former wills, ordayn and make this my present Testament and last Will in manner and form following, That is to say, this is the last Will of me the abovesaid Christopher Digges made the day and year abovesaid, touching the disposition of all my Lands, Tenements, and Hereditaments, in the County of Kent, and Canterbury, or elsewhere in the Realm of England. First touching the thirds and third part of my Land to be due unto the Queen's Majesty, or any other for Wardship, Primer, seisin, Livery or otherwise my Will and meaning is to leave to descend to Thomas Digges my Son, to have and to hold to him and his Heirs for ever, All these my Lands and Tenements called or known by the name of Eastendown, containing by estimation 10 Acres of Land, and all these Lands, Tenements, Hereditaments, which I had by descent after the death of Thomas Digges of Newington next Sittingborn Esquire deceased, and if the said Lands, Tenements, as is as aforesaid left to descend to Thomas my Son, do not amount to satisfy the Queen's Highness of the Thirds, or third part to be due unto her Highness, Then my Will and meaning is, That so much other Lands next adjoining to the said Eastendown, shall descend and be to my said Thomas Digges, as shall suffice to satisfy and make up the Queen's Highness Thirds or third part, and that her Highness be answered out of the Rents and Profits of the same, and out of the Demesn made of the Manor of Owtelmestone. Item, I will, That Thomas Ovington aforesaid, immediately after my departure of this present world, shall sell all my Lands in the Parishes of Hards and Nackington, in the County aforesaid, with the Rents thereunto belonging. Item, I will That the said Thomas Ovington, or his Assigns, immediately after my death, sell all those my Lands, Tenements and Hereditaments with the Appurtenances whatsoever, in the Parishes of Sturrey and Hackington, otherwise St. Stephens, in the County of Kent aforesaid, and all those my Gardens in the County of Canterbury aforesaid, for the sum of 200. pounds, of good and lawful Money of England, And I will, that the said 200. pounds, coming of the sale of my Lands, Tenements, and Hereditaments aforesaid with the appurtennces, in Sturrey, Hackington, and in the County of Canterbury, And also that all the Money coming of the sale of all my Lands, in the Parishes of Hards and Nackington aforesaid, shall go and be employed towards the payment of my Debts, and for and towards the performance of this my present Testament and last Will. Item, I will, That if Martha my Wife, by Release or otherwise, will grant over all that Estate that she hath, or may have, in the Lands in Hards and Nackington aforesaid, with the Rents thereunto belonging, by way of Jointure, unto such as the said Thomas, or his Assigns, shall make sale thereof, That then the said Martha, for and in recompense of her said Jointure therein, shall have for term of her life, all my Lands in Barham abovesaid, which I purchased of Mr. William Awcher, and also all my Lands there, as I late had of Mr. William Boys, by way of Exchange for other Lands. Item, I will, That Harry Aldy, and Nicholas Frankline aforesaid, shall have all the aforesaid Lands and Tenements with their Appurtenances, Rents, Reversions, Services, and Hereditaments, other than such as before are given to Thomas Digges my Son, and to Martha my Wife for the term of her life, or by the way of Jointure or otherwise, or willed to be sold as aforesaid, and shall receive and take the yearly Revenues and Profits thereof, for and towards the further and full payment of my Debts, and Legacies, and Annuities afore expressed and here under mentioned, and also of my Funeral Charges, for and towards the bringing up of my Sons and Daughters aforesaid, until either Martha my Wife, or the aforesaid Thomas Ovington and Richard Brook, or the aforesaid Thomas Ovington enter into Bond unto the said Henry Aldy, and Nicholas Franklin, or to their Assigns, in such manner and form as before is expressed. Item, I will that if the aforesaid Thomas Ovington, and Richard Brook, within one month after such refusal aforesaid, my Wife do enter into Bond unto the abovesaid Hen. Aldey, & Nic. Franklin, as is aforesaid, & within the time aforesaid That the said Tho. & Rich. immediately after such Bond had & made, shall have the Lands & Tenements aforesaid, and other Hereditaments whatsoever, other than such as before are given to Thomas Digges my Son, or to Martha my Wife, for Term of her life by way of Jointure or otherwise, or appointed to be sold, or are appointed to the Poor as is aforesaid, and shall receive and take the yearly Revenues and Profits thereof, in such manner, and form. and for such purpose and effect, and for no other, and for so long as my aforesaid Wife should have done, if she should have entered into Bond as aforesaid, But if the aforesaid Richard Brook do not within the time above limited, enter into Bond to the aforesaid Henry and Nicholas, with the said Thomas Ovington in manner and form aforementioned, but shall refuse or neglect so to do, Then I will, if the aforesaid Thomas Ovington, within the time aforesaid do enter into Bond, unto the aforesaid Henry Aldy, and Nicholas Franklin, in the sum of 400. pounds, according as is above specified, Then I will, immediately after the said entry into such Bond, by the said Thomas Ovington, unto the said Henry and Nicholas made and done, That then the said Thomas Ovington, or his Assigns, shall have the aforesaid Lands and Tenements, Rents, Reversions, and Hereditaments, other than such as before is given to Thomas, Digges my Son, or to Martha my Wife, or appointed to be sold, or appointed to the Poor to dwell in as aforesaid, And receive and take the yearly Revenues and Profits thereof, in such manner and form, and for so long as my aforesaid Wife, or her Assigns should have done, if she should have entered into Bond as is aforesaid, and as the aforesaid Richard Brook, and the said Thomas Ovington and their Assigns, should have done, if the said Thomas Ovington and Richard Brook had entered into Bond, unto the aforesaid Henry and Nicholas, as is above specified. Item, I will, after all my Debts, Legacies, Payments, Annuities, and Funeral Charges, shall be fully satisfied, discharged, or be, or may be fully levied, That then all my Lands and Tenements with their Appurtenances, other than the Lordship of Yok, and the Manor of Fokeham with their Aphurtenances, in the Parishes of Leneham, Freinsted, and Harisham in the County of Kent aforesaid, and the Lands of Barham aforesaid, appointed to my Wife for term of her life as is aforesaid, And the Lands and Tenements in Sturrey and Hackington, otherwise Saint Stephens in Canterbury, and the Lands in hards and Nackington aforesaid, with the Rents thereunto belonging appointed to be sold as aforesaid (excepted and reserved) shall be to my Eldest Son than living, and to the Heirs Males of his Body lawfully begotten for ever, paying yearly unto every other of my Sons then living, until every of them shall come to the age of 24. years, 4. pounds of lawful money of England, at the Feast day of the Annunciation of our blessed Lady the Virgin, and Saint Michael the Archangel, by even portions half yearly to be paid, and also paying yearly to every of my aforesaid Daughters then living, until every of them shall be married, or shall come to the age of 21. years, five Marks, of lawful Money of England, at the Feast days next aforesaid, by even portions yearly to be paid, And if default of payment happen to be of the aforesaid several 4. pounds, yearly to every or any of the aforesaid Sons as is aforesaid, or of the aforesaid several five Marks yearly to be paid, to every or any of the aforesaid Daughters as is aforesaid, That then it shall be lawful to every, or to any of my aforesaid Sons or Daughters, for default of payment of the sums or sum due unto them or any of them, by way of Annuity as is aforesaid, into the Lands and Tenements and other Hereditaments, above limited to my Eldest Son aforesaid, and to his Heirs Males as aforesaid, to enter and destrein, and the destress there so taken lawfully with them or any of them to lead, drive, or carry away, until every of them shall be fully satisfied and paid. Item, I will, That after the decease of Martha my Wife, if then my Eldest Son aforesaid, or the Heir Male of his Body lawfully begotten then living, shall be of the full age of 22. years, 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 than my Eldest Son aforesaid, or his Heirs Males as is aforesaid, shall come of the full age of 22. years, Then I will, that the yearly Profits and Revenues 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 said  Son, or his Heir Male abovesaid, shall come to the full age of 22. years, shall go and be employed 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 departed 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  Brother than living, and to the Heirs Males of his Body lawfully begotten for ever, paying yearly 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 money of England, and to every of his Sisters, my Daughters then living, five Marks of lawful money, 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 yearly for so long to his Brothers and Sisters as is aforesaid; And if it fortune all my said Sons departed 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— etc. 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 died, 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, seized. 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 died: 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 whereof 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 died seized 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 aforesaid, are utterly Ignorant. And thereof pray the Advise of the Justice's aforesaid, and of the Court here, etc. And if, upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, It shall seem to the same Justices and Court here, etc. That the aforesaid, Christopher Digges the Father died, seized of the Manors, & Tenements, in the Monstrans de droit within written specified in his demesn as of Fee, or of any part thereof with the Appurtenances, Then the Jurors say, upon their Oath aforesaid, That the aforesaid Christopher Digges the Father, died seized of the Manors, and Tenements, with the Appurtenances, in the Monstrans de droit specified, or of so much thereof, as to the same Justices shall ●eem the same Christopher so died seized in his demesn as of Fee, as the aforesaid Christopher Digges, the Son, & the aforesaid Edward Digges within pleading have alleged, And if upon the whole m●tt●r aforesaid, by the Jurors aforesaid, in form aforesaid sound, It shall seem to the same Justices, and Court here, etc. That the aforesaid Chr●stopher Digges the Father died not seized of the Manors, and Tenements, with t●e appurtenances, in the Monstrans de droit within written specified, or of any parcel thereof in his demesn as of Fee, Then the said Juror▪ say upon their Oath aforesaid, That the aforesaid Christopher Digges the Father, died not seized of the Manors, and Tenements, with the Appurtenances, in the Monstrans de droit within written specified, or of so much thereof, as to the said Justices aforesaid, shall seem the same Christopher so not to die seized of ●n his demesn as of Fee, in his demesn as of Fee, as the said Thomas Palmer, and Margaret, within pleading have alleged, And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises, are not yet advised, day thereof is further given to the parties aforesaid in state is now before the Lady the Queen, until the morrow of the Holy Trinity, wheresoever, etc. to hear their Judgement of, and upon the premises, etc. because the Court of the Lady the Queen here thereof are not yet, etc. At which day, before the Lady the Queen at Westminster, come as well the aforesaid Christopher Digges the Son, and Edward Digges by their Attorney aforesaid, as the aforesaid, Thomas Palmer, and Margaret, in their proper persons; And because the Court of the Lady the Queen here, of giving their judgement, of and upon the premises, are not yet avised, further day is given to the parties aforesaid in suit, as now before the Lady the Queen, until in 8. days of Saint Michael wheresoever, etc. to hear their Judgement of and upon the premises, because the Court or the Lady the Queen here thereof, are not yet, etc. At which day, before the Lady the Queen at Westminster, come a●well the aforesaid Christopher Digges the Son, and the said Edward Digges by their Attorney aforesaid, as the aforesaid Thomas Palmer, and Margaret, in their proper persons, and because the Court of the said Lady the Queen here o● giving their Judgement, of and upon the premises are not yet avised, day thereof is given to the parties aforesaid, before the Lady the Queen, until in 8. days of Saint Hillary wheresoever, & e. for to hear their Judgement thereof, etc. because the Court of the Lady the Queen here are not yet, etc. At which day before the Lady the Queen at Westminster, come the aforesaid Christopher Digges the Son, and Edward Digges, by their Attorney aforesaid, as the said Thomas, and Margaret, in their proper persons, and because the Court of the Lady the Queen here of, giving their Judgement of and upon the premises are not yet avised, further day is given to the parties aforesaid, before the Lady the Queen, until from Easter day, in 15. days wheresoever, to hear their Judgement thereof, etc. because the Court of the Lady the Queen here, thereof are not yet, etc. At which day, before the Lady the Queen at Westminster, come the aforesaid Christopher Digges the Son, and Edward Digges by their Attorney aforesaid, as the aforesaid Thomas Palmer, and Margaret, in their proper persons, And because the Court of the Lady the Queen, of giving their Judgement of and upon the premises are not yet avised, further day is given to the parties aforesaid, before the Lady the Queen at Westminster, until the morrow of the Holy Trinity wheresoever, etc. to hear their Judgement hereof, because the Court of the Lady the Queen here, are not yet, etc. At which day, before the Lady the Queen at Westminster, come as well the aforesaid Christopher Digges the Son, and Edward Digges by their Attorney aforesaid, as the aforesaid Thomas Palmer, and Margaret in their proper persons: Upon which seen and by the Court of the Lady the Queen here, all & singular the premises here fully understood, and mature deliberation thereof being had, Because it seems to the Court of the Lady the Queen that now is here, That the aforesaid Christopher Digges the Father died not seized of the Manors, and Tenements with the Appurtenances, in the Monstrans de droit aforesaid above specified, or of any parcel thereof in his demesn as of Fee, It is granted that the aforesaid Christopher Digges the Son, and Edward Digges take nothing by their Writ aforesaid, but for their false clamour thereof be in mercy, etc. And the aforesaid Thomas Palmer, and Margaret go thereof without day, etc.    

Prohibition: and Attachment upon Prohibition.  

Easter Term, Anno 38. Eliz. Rott. 628. in the King's Bench: Co. 2. part. The Bishop of Winchester's Case.  
MEmorandum, that at another time, that is to say, Michael. Term last passed, before the Lady the Queen at Westminster, come Robert Wright, by Thomas Webb the younger, and brought here in the Court of the said Lady the Queen, then and there his Bill against John Wright Executor of the Testament and last Will of Nicholas Wright late whilst he lived Farmer, as he affirmed, of the Rectory of the Parish Church of Eastmeon, otherwise called Eastmeam, in the Diocese of Winchester, in the Province of Canterbury, in the Custody of the Marshalsea, etc. in a Plea of Trespass and Contempt against those who prosecuted in the Spiritual Court, against the Queen's Prohibition to the contrary thereof, directed and delivered: And are Pledges of suit John Do, & Richard Roose: which Bill followeth in these words: ss. South: That is to say, Robert Wright, who as well for the Lady the Queen as for himself prosecuteth, complaineth of John Wright Executor of the Testament and last Will of Nicholas ●●ight deceased, late whilst he lived, as he affirmed, of the Rectory of the Parish Church of Eastmeon, otherwise called Eastmeam, in the Diocese of Winchester, in the Province of Canterbury, in the Custody of the Marshal, of the marshalsea of the Lady the Queen, before the Queen herself being, why he sueth in the Spiritual Court, after the Queen's Prohibition to the contrary thereof directed and delivered, for that, that is to say, whereas all and singular Pleas, and Conusans of Pleas, of whatsoever grants, demyses, or conttacts arising within this Kingdom of England made and had, and the validity of such grants, and demyses in Law, and other such Pleas, and Conusance of Pleas, so as they be not Testamentary, or Matrimonial, to the said Lady the Queen that now is, and her Royal Crown do especially appertain; and by the Laws of the Land of this Kingdom of England, and not by the Laws or Sentences Ecclesiastical, aught to be tried, determined, and discussed, and ever heretofore accustomed and ought to be; And whereas Stephen by Divine Providence, late Bishop of Winchester, the 4th. day of July, in the year of the Reign of the Lord Henry late King of England the 8th. the 38th. was seized in his demesn as of Fee in the Right of his Bishopric, of and in the Manor of Eastmeon, in the County aforesaid, whereof one capital Message called the Scite of the Manor of Eastmeon, 800. Acres of Lands, 50. Ac●es of Meadow, 1000 Acres of Pasture, and 400. Acres of Wood with the Appurtenances, in Eastmeon in the County aforesaid (being demesn Lands of the Manor aforesaid) then and time whereof the memory of man is not to the contrary, was and yet are parcel, and also of and in one Message with the Appurtenances, being in Eastmeon aforesaid, being to the Mansion house of the same Manor. And whereas the said Stephen, and all his Predecessors, Bishops of the Bishopric aforesaid, for the time being seized of the Manor aforesaid, and other the premises with their Appurtenances, The Scite of the Manor aforesaid, and the capital message aforesaid, and the demesn Lands aforesaid with the Appurtenances, by himself, his Farmers, and Tenants thereof, and every parcel thereof for Term of years, or at Wiil, held and were enjoyed, exonerated, acquitted, freed, discharged, and privileged, of and from the payment of Tithes whatsoever, of, in, or upon the capital message aforesaid, and the demesns aforesaid with the Appurtenances, and of every and any parcel thereof yearly what way soever, for the whole time aforesaid, growing, happening, renewing, or arising. And the aforesaid Stephen, late Bishop aforesaid, of the capital Message aforesaid, and the demesn Lands aforesaid with the Appurtenances, in form aforesaid being seized, and the same having, and holding, exonerated, acquitted, freed, and discharged, and privileged, of and from the payment of Tithes whatsoever, of, in, and upon the capital Message aforesaid, and other the premises with the Appurtenances, or any parcel thereof, growing, renewing, or any wise happening. The said Stephen, the 4th. day of July, in the year of the Reign of the said late King Henry the 8th. the 38th. at Eastmeon, in the County aforesaid, By his Indenture with his Seal Episcopal sealed, and to the Court of the said Lady the Queen that now is, here brought bearing date the same day and year, demised to one Robert Wright, Grandfather of the said Robert that now is plantif, The Moiety of the demesn Lands aforesaid with the Appurtenances, By the name of all the Demesn Lands o● the Manor of Eastmeon aforesaid anciently belonging, with all Houses, Stables, Barns, and Buildings upon the Moiety aforesaid, then and of old time situate, lying and being with the Appurtenances, which Moiety, then lay in the fields on the South side of the Town of Fastmeon aforesaid, Together with the Meadows, Feeding, and Pastures, Enclosures, Ways, Paths, and other their Appurtenances, together with the Farm of 40. Muttons, called Weathers, the highest price 16. pence, 40. Ewe Sheep, the highest price 16. pence, To have and occupy the said Moiety of the Tenements aforesaid with the Appurtenances, in form aforesaid demised, To the aforesaid Ro. Wright the Grandfather & his Assigns, from the Feast of St. Michael the Archangel, in the year of our Lord God, 1575. until the end and Term of 40. years, than next following, and fully to be complete and Ended: Yielding therefore yearly during the Term aforesaid, to the aforesaid Stephen late Bishop aforesaid, or his Successors, at his Exchequer of Woluesloy in Winchester, in the County of Southampton, then being, 10. pound, and 10. shillings, of lawful money of England, at the Feasts of Easter and St. Michael, by even and equal portions to be paid, and for the farm of the aforesaid 40. Wethers, and 40. Ewe Sheep, 11. pound, 13. shillings, and 4. pence, to be paid at the Feast of St. Martin the Bishop Ad vincula, for the chief Wethers 3. pence, and for the chief Ewes 4. pence, as by the same Indenture amongst other things it more fully appeareth. Which Indenture of demise, to the aforesaid Robert Wright the Grandfather, in form aforesaid made, and all and singular therein contained, Afterwards, that is to say, the 20th. day of July, in the 38th. year abovesaid, William Kingsmill, than Dean of the Cathedral Church of the Holy Trinity of Winchester aforesaid, and the Chapter of the same place, at Winchester aforesaid, that is to say, in their Chapterhouse, there by their Writing of Confirmation with the Seal of the Chapter sealed, in the life time of the aforesaid Stephen, then being Bishop of Winchester aforesaid, and in the life time of the said Robert Wright the Grandfather, now deceased, ratified, and confirmed, as by the Writing of Confirmation, thereof bearing date the day and year last aforesaid, amongst other things it appeareth. By virtue of which demise and Confirmation, The same Robert Wright the Grandfather, was of the Interest of the Term aforesaid, in the aforesaid Moiety of the demesn Lands aforesaid with the Appurtenances, in form aforesaid, demised, possessed, and the aforesaid Robert Wright the Grandfather, of the Interest of the Term aforesaid, in the Moiety of the demesn Lands aforesaid with the Appurtenances, in form aforesaid demised being possessed, The said Robert Wright the Grandfather, the 14th. day of August, in the year 1558. at Eastmeon aforesaid, made his Testament and last Will in Writing, and by the said his Testament made and ordained Margaret then his Wife, and Nicholas Wright his younger Son, to be Executors of his last Will, And by the said his last Will, gave and bequeathed all his Interest aforesaid, of and in the aforesaid Moiety of the demesn Lands aforesaid, so as is said demised, with the Appurtenances then to come, to Edward Wright the Eldest Son of the aforesaid Robert the Grandfather, and afterwards the aforesaid Robert Wright the Grandfather, at Eastmeon aforesaid died, of his Interest aforesaid, of and in the Tenements aforesaid with the appurtenances, to the said Robert the Grandfather, in form aforesaid demised, possessed; After whose death, the aforesaid Margaret and Nicholas, took upon them the burden of Execution of his last Will & Testament aforesaid, at Eastmeon aforesaid, And the said Executors at Eastmeon aforesaid, gave their consent that the said Edward Wright should have and enjoy to him and his Assigns, the interest aforesaid, of the aforesaid Term of years, of and in the Moiety of the demesn Lends aforesaid with the Appurtenances, to the said Robert Wright the Grandfathe, in form aforesaid demised; By virtue whereof the said Edward was of the interest of the Term aforesaid possessed, and being so thereof possessed, The said Edward, the 11th. day of July, in the year of our Lord, 1563. at Eastmeon aforesaid, made his Testament and last Will in Writing, and by his said Testament constituted and appointed Agnes then his Wife, to be sole Executrix of his said last Will, And by the said his last Will, gave and bequeathed all his interest aforesaid, in the Moiety aforesaid, of the demesn Lands aforesaid, so as before is said, with the Appurtenances, to the aforesaid Robert Wright now the plantin, one of the Sons of the said Edward; And afterwards, the said Edward Wright, at Eastmeon aforesaid, died of his Interest aforesaid, of and in the Moiety aforesaid, of the demesn Lands aforesaid with the Appurtenances, in form aforesaid demised, possessed; After whose death, the aforesaid Agnes took upon her the burden of Execution of the last Will of the said Edward aforesaid, at Eastmeon aforesaid, and the said Executrix, at Eastmeon aforesaid gave her consent, that he the said Robert Wright, should have and enjoy to him and his Assigns, the interest of the Term aforesaid, of and in the aforesaid Moiety of the demesn Lands aforesaid with the Appurtenances, in form aforesaid demised. By virtue of which, the said Robert Wright now plantif, was of the Interest of the Term aforesaid of and in the Moiety of the demesn Lands aforesaid with the Appurtenances possessed, until the morrow of the Feast of St. Michael the Archangel, in the year of our Lord, 1575. in which morrow of the aforesaid Feast of St. Michael the Archangel, in the year 1575. aforesaid, The said Robert Wright now plantif, into the aforesaid Moiety of the demesn Lands aforesaid with the Appurtenances, entered, and was thereof possessed, And so thereof being possessed, the said Moiety with the Appurtenances, had, held, and enjoyed, and now hath and occupieth, and aught to have and occupy, of and from the payment of Tithes whatsoever, of, in, or upon the Moiety aforesaid, of the demesn Lands aforesaid with the Appurtenances, or any parcel thereof yearly, any manner of ways growing and appertaining, renewing, or arising, for the occasion aforesaid in this behalf alleged, utterly exonerated, acquitted, freed and privileged, by reason of the Prescription and Privilege aforesaid. And whereas by the Statute in the Parliament of the Lord Edward, late King of England the 6th. holden at Westminster, in the County of Middlesex, the 4th. day of November, in the second year of his Reign, amongst other things, It is enacted by authority of that Parliament, That no person be sued, or otherwise compelled to yield, give, or pay, any manner of Tithes, for any Manors, Tenements, or Hereditaments, which by the Laws and Statutes of this Kingdom of England, or by any Privilege or Prescription, were not chargeable with the payment of any such Tithes, by any Composition real, as by the said Act amongst other things it more fully appeareth; Yet the aforesaid Nicholas Wright, in his life time pretending himself to be Farmer of the Rectory of the Parish Church aforesaid, and by colour of a demise to him thereof made, by Thomas by Divine Providence then Bishop of Winchester, for the Term of 21. years supposed to be made, upon that occasion falsely supposing Tithes, whatsoever in and upon the aforesaid Moiety of the demesn Lands aforesaid with the Appurtenances, to the aforesaid Robert Wright, the Grandfather, in form aforesaid demised, arising and happening to the said Nicholas Wright, by virtue of the demise aforesaid, to him in form aforesaid supposed to be made, to belong and appertain, whereas in truth, The said Robert now plantif, the Moiety aforesaid of the demesn Lands aforesaid, by virtue of the Demise aforesaid, to the aforesaid Robert Wright the Grandfather, in form aforesaid made, and by reason of the immunity of the Privilege and Act aforesaid above specified, was exonerated, acquitted, freed, and privileged, of and from payment of Tithes, whatsoever thereupon growing, to have and enjoy, aught during the Term aforesaid, to the aforesaid Robert Wright the Grandfather, in form aforesaid granted of the premises, not ignorant, endeavouring, the Queen's Majesty that now is, and her Regal Crown to desinherit, and to draw the conusance of her Pleas, which do belong to her Royal Crown, and not to the spiritual Court, to another Jurisdiction and Examination in the spiritual Court, supposing the Indenture of demise aforesaid, to the aforesaid Robert Wright the Granfather made, and the Writing of Confirmation aforesaid, as also the Estate of him the said Robert now plantif, of and in the Moiety aforesaid, of the demesn Lands aforesaid with the Appurtenances, to the aforesaid Robert the Grandfather, from the Tithes aforesaid, in form aforesaid discharged had and made, to be void and of no validity in Law, whereas in truth, The Indenture of demise aforesaid, and the Writing of Confirmation thereof, and also the Estate of the said Robert aforesaid, the now plantif, of and in the Moiety of the aforesaid demesn Lands aforesaid, with the Appurtenances to the aforesaid Robert the Grandfather, in manner aforesaid demised, so as before is said discharged of Tithes, is good and effectual in the Law; And whereas in truth, the same demise to the aforesaid Nicholas in form aforesaid alleged to be made, (if any such wa●,) was utterly void and insufficient in Law, & as to any Tithes of, in, and upon the aforesaid Moiety of the demesn Lands aforesaid growing is; The said Robert Wright now the plantif, in the spiritual Court before the Reverend and worthy Man, Mr. William Awbray, Doctor of Law, in the Court of Audience of causes and business, in the Court of Canterbury lawfully deputed to hear, of and for the withdrawing, and not payment of Tithes of Wheat, Barley, Pease, and Beans, of, in, and upon, the aforesaid Moiety of the demesn Lands aforesaid, in the year of our Lord, 1590. growing, renewing, arising, and happening, as also of and for the withdrawing, and non payment, of the Tithes of the Wool of Lambs and Sheep, of the said Robert now plantif, of, in, and upon the aforesaid Moiety of the demesn Lands aforesaid, in the year of our Lord aforesaid, kept shorn and arising, as also of the Tithes of the Apples of the said Robert Wright the plantif, of, in, and upon, the said aforesaid Moiety of the demesn Lands aforesaid, in the year aforesaid, growing, gotten, and arising, the 8th. day of October, in the year of the Reign of the said Lady the Queen that now is, at Eastmeon aforesaid, in the County aforesaid, drew into suit: And the aforesaid Nicholas, the same Robert now plantif, before the aforesaid spiritual Judge, for that occasion aforesaid to appear, and to the said Nicholas, of and upon the premises, to answer in that manner the validity in Law of the Indenture of the demise aforesaid, by the said Stephen late Bishop aforesaid, in form aforesaid made, and the Confirmation aforesaid, as also the Estate of the said Robert the now plantif aforesaid, of and in the aforesaid Moiety of the aforesaid demesn Lands with the Appurtenances, to the aforesaid Robert Wright the Grandfather, in form aforesaid made, and the Tithes thereof arising, to the spiritual Court aforesaid, to draw and determine, caused most unjustly bound: Which Plea, by Appeal in that behalf had and made, from the aforesaid Court of Audience, before the worshipful and worthy men, Robert Forth, Thomas Binge, John Lloyd, Thomas Legg, and Richard Small, Doctors of Law, Judges, Delegates, in that behalf was duly removed, and in the spiritual Court before the same Judge's Delegates, or some of them at Eastmeon aforesaid, as yet dependeth undecided: and although the said Robert the now Plaintiff, The Indenture of demise aforesaid, and the Writing of Confirmation aforesaid, and the Estate of the said Robert now Plaintiff aforesaid, of and in the aforesaid Moiety of the demesn Lands aforesaid, of the Tithes aforesaid, discharged with the appurtenances, to the aforesaid Robert Wright the Grand Father in form aforesaid demysed, and the other matter aforesaid in this part contained, as well to the aforesaid spiritual Court, before the aforesaid William Ambrey, spiritual Judge aforesaid, as in the aforesaid spiritual Court, before the Judge's Delegates aforesaid, in discharge of the premises is showed, pleaded, and alleged, and the Sealing and delivery of the Indenture aforesaid, and of the Writing of Confirmation aforesaid, and the residue of the matter in that behalf contained on the part of him the said Robert Wright, the now Plaintiff, in the premises in that behalf alleged according to the Law of this Kingdom of England with unavoidable truth and witness he offered to prove, yet the said Judge of the Court of Audience aforesaid, and the aforesaid Judges Delegates in the aforesaid spiritual Court aforesaid, The Plea, Allegation, and that proof utterly refused, and every of them refused to admit. And afterwards the Appeal aforesaid so depending in the aforesaid spiritual Court before the Judges aforesaid, The said Nicholas Wright at Eastmeon aforesaid, made his Testament and last Will in writing, and thereof constituted and ordained john Wright his Executor of his said Testament, and afterwards there died, after whose death, the aforesaid john Wright, took upon him the charge of the Execution of the Testament aforesaid, and the Prosecution of the Appeal aforesaid, in the cause aforesaid, and afterwards the aforesaid John Wright the Executor aforesaid, the aforesaid Robert Wright now Plaintiff in the aforesaid spiritual Court, before the aforesaid Judges Delegates at Eastmeon aforesaid, for the occasion aforesaid unjustly bound to appear, and the said Robert now Plaintiff, of, and in the premises to condemn, and to the Tithes aforesaid, in the aforesaid several spiritual Courts in form aforesaid demanded to him to be paid, to compel by the Definitive sentence of the said Court of Delegates, with all his power, yet endeavoureth, and daily threatneth: And although the Writ of the aforesaid Lady the Queen of Prohibition to the aforesaid Judges Delegates, and other Judges in that behalf, the 12th, day of July, in the year of the Reign of the Queen that now is, the 37th at Eastmeon aforesaid to the contrary thereof was directed and delivered, The said john Wright the Plea aforesaid, after the Queen's Majesty's Prohibition first to the contrary thereof, in form aforesaid directed and delivered, that is to say, the first day of October in the year of the Reign of the said Lady the Queen that now is, the 37th. at Eastmeon aforesaid, in the County aforesaid prosecuted, and in the Plea aforesaid, proceeded, the said Writ of the said Lady the Queen of Prohibition, to the aforesaid spiritval Judges, first to the contrary thereof in form aforesaid directed and delivered in any thing notwithstanding, in contempt of the said Lady the Queen that now is, and to the damage, prejudice, impoverishing, and grievous molesting of him the said Robert now Plaintff, and contrary to the form and effect of the Prescription, Privilege, and Act of Parliament aforesaid; whereupon the same Robert now Plaintiff saith, That he is the worse, and hath damage to the value of 40. Marks, and thereof as well for the said Lady the Queen, as for himself, he bringeth suit, etc. And now at this day, that is to say, Wednesday after 10. of ●aster this Term, until which day the said john Wright, had licence to the Bill aforesaid to imparl, cometh as well the said Robert Wright by his Attorney aforesaid, as the aforesaid ●ohn Wright, by Stephen Worley his Attorney, and the said john, defendeth the force and injury when, etc. and all the contempt, and whatsoever, etc. and saith, he did not prosecute the Plea aforesaid, in the spiritual Court aforesaid, after the Queen's Prohibition to him first to the contrary directed and delivered, in manner and form as the aforesaid Robert Wright, who aswel, etc. above against him complaineth: And of this puts himself upon the Country, and the aforesaid Robert who aswel for, etc. likewise, etc. But to have a consultation in this behalf, The said John by Protestation▪ not acknowleging any thing by the aforesaid Robert above alleged to be true, For Plea, the said John saith, That well and true it is, That the aforesaid Robert, in the aforesaid spiritual Court, before the aforesaid Judges, Delegates, showed, pleaded, and alleged, That the aforesaid Stephen late bishop of Winch●ster ●foresaid the aforesaid 4th. day of July, in the 38th. year aforesaid, was seized of the aforesaid Manor of Eastmeon with the Appurtenances, in the County of Southampton aforesaid, whereof the aforesaid capital Message with the Appurtenances, called the Scite of the Manor of Eastmeon, 800. Acres of Land, 500 Acres of Meadow, 400. Acres of Wood with the Appurtenances, in Eastmeon aforesaid, being demesn Lands of the Manor aforesaid, then and from the time aforesaid were parcel, And of and in the aforesaid Message with the Appurtenances, being the Mansion house of the Manor aforesaid, in his demesn as of Fee in the right of his Bishopric aforesaid, And that the said Stephen and all his Predecessors, Bishops of the Bishopric aforesaid, being seized of the Manor aforesaid, and other the premises with their Appurtenances, from the whole time aforesaid, for him and his Farmers, his Tenants thereof, and of every parcel thereof, for the term of years, or at will, had, holden, and enjoyed, to them discharged, acquitted, freed, and privileged, of and from the payment of any Tithes, of, in, or upon the aforesaid capital Message and demesn Lands aforesaid with the Appurtenances, and every part and parcel thereof yearly, any manner of ways, by the whole time aforesaid, growing, happening, and renewing or arising; And that the aforesaid late Bishop, of the capital Message aforesaid, and of the demesn ●ands aforesaid with the Appurtenances, in form aforesaid being seized, and the same having, and holding, exonerated, acquitted, freed, and privileged, of and from the payment of Tithes whatsoever, in and upon the capital Message aforesaid, and other the premises with their Appurtenances, or any part thereof growing, renewing, or in any wise happening, the aforesaid 4th. day of July, in the year of the reign of the aforesaid late King Henry the 8th. the 38th. aforesaid, at Eastmeon aforesaid, by his aforesaid Indenture, with the Seal of his Bishopric sealed, bearing date the said day and year, demised to the aforesaid Robert Wright, the Grandfather of the aforesaid Robert, The Moiety of the demesn Lands aforesaid with the Appurtenances, by the name of all the demesn Lands of the Manor of Eastmeon aforesaid, of old appertaining, with all Houses, Stables, Barns, and Buildings, upon the Moiety aforesaid then and of old, situate, lying, and being, with the Appurtenances, which Moiety, then lay in the Fields on the South part of the Town of Eastmeane aforesaid, To have and to hold the said Moiety with the Appurtenances, to the aforesaid Robert Wright the Grandfather, and to his Assigns, from the Feast of St. Michael the Archangel, which then should be in the year of our Lord God, 1575. until the end and Term of 40. years, from thence next following and fully to be ended; And that afterwards, that is to say, The aforesaid 20th. day of July, in the 38th. year aforesaid, the aforesaid William Kingsmill, than Dean of the aforesaid Cathedral Church of the Holy Trinity of Winchester, and the Chapter of the same place, at Winchester aforesaid, in their Chapterhouse aforesaid, by their Writing aforesaid sealed, with the Chapter-Seal aforesaid, in the life of the aforesaid late Bishop, and in the life time of the aforesaid Robert Wright the Grandfather, confirmed and ratified; And that the said Robert Wright, by virtue of the demise and confirmation aforesaid, was of the interest of the Term aforesaid, of and in the Moiety aforesaid with the Appurtenances possessed, and so thereof being possessed, the aforesaid 14th. day of August, in the year of our Lord, 1658. aforesaid, at Eastmeon aforesaid, made his Will in Writing, and by his said Will, constituted the aforesaid Margaret and Nicholas Wright his Executors, and by the said his Will, gave and bequeathed all his interest aforesaid, of and in the Moiety aforesaid with the Appurtenances, to the aforesaid Edward Wright, Son of the said Robert the Grandfather. And afterwards, at Eastmeon aforesaid died, of his Interest aforesaid, in form aforesaid possessed; After whose death the aforesaid Edward, by the assent of the Executors aforesaid, was of the Interest of the aforesaid Term of years, of and in the Moiety aforesaid with the Appurtenances possessed. And that the said Edward, so being thereof possessed, the aforesaid 11th. day of July, in the year of our Lord, 1563. abovesaid, at Eastmeon aforesaid, made his Will in Writing, and by his said Will constituted one Agnes than his Wife his Executrix of his Will aforesaid; And by the said his Will gave and bequeathed all his Interest aforesaid, of and in the Moiety aforesaid with the Appurtenances, to the aforesaid Robert Wright the now plantif, and afterwards there died of such his interest aforesaid, of and in the Moiety aforesaid with the Appurtenances, in form aforesaid possessed; And that the said Robert now plantif, by the consent of the said Agnes, the burden of the Execution of the Will aforesaid, upon her taking, was of the Interest of the Term aforesaid, of and in the Moiety aforesaid with the Appurtenances, possessed, until the Feast of St. Michael the Archangel, in the year of our Lord, 1575. immediately after which Feast, the said Robert into the Moiety aforesaid with the Appurtenances entered and was thereof possessed, and that the aforesaid Robert thereof so possessed, the said Tenements with the Appurtenances, likewise had and occupied, and aught to have and occupy, of and from the payment of Tithes, whatsoever, of, in, and upon the Moiety aforesaid with the Appurtenances, or any part thereof yearly, any ways growing, happening, renewing, or arising by the occasion aforesaid alleged, utterly discharged, acquitted, freed, and privileged, by reason of the Prescription and Privilege aforesaid, and by force of the said Statute aforesaid in the aforesaid Parliament of the aforesaid late King Edward the 6th. at Westminster aforesaid, the aforesaid 4th. day of November, in the second year of his Reign, of the payment of Tithes, then made as the aforesaid Robert Wright now plantif above alleged; But the said John Wright further saith, That the aforesaid Judges, Delegates, in the aforesaid Court, before them, the Plea and Allegations of the aforesaid Robert Wright, now plaintiff, allowed, and the Proofs thereof by him the said Robert brought▪ accepted, and admitted. Without that that the aforesaid Judge, Delegates, in the aforesaid spiritu●l Court before them, the Plea, Allegations, and Proofs, of the aforesaid Robert Wright, now plan if aforesaid, refused to admit in manner and form, as the aforesaid Robert now plantif above hath alleged: And this he is ready to aver, whereupon he demands Judgement, and the Writ of the Lady the Queen of consultation, to him in this behalf to be granted. And the aforesaid Robert Wright now Plantif saith, That he for any thing by the aforesaid John Wright, above in pleading alleged, The said Writ of the said Lady the Queen of Consultation ought not to have, because he saith, That the Plea aforesaid, by him the said John Wright, in form aforesaid above pleaded, & the matter therein contained, is insufficient in Law to the aforesaid Writ of the Lady the Queen of Consultation to be brought, to which the said Robert needeth not, nor by the Law of the Land is bound in any wise to answer, wherefore for default of sufficient answer in this behalf, The said Robert demandeth Judgement, and his damages aforesaid for the occasion aforesaid, to be adjudged unto him, etc. And the aforesaid John Wright saith, That the Plea aforesaid, by him the said John, in manner and form aforesaid above pleaded, and the matter in the same contained, is good and sufficient in Law, to the aforesaid Writ of the said Lady the Queen of Consultation, to have and demand, which Plea, and the matter in the same contained, the said john is ready to aver, and prove as to the Court, etc. And because the said Robert to that Plea doth not Answer, nor the same hitherto any wise denyeth, the said john as at first demandeth Judgement, & the Writ of the said Queen of Consultation, in this behalf to be granted unto him, etc. And because the Court of the Lady the Queen here of giving their Judgemen of and upon the premises is not yet avised, day is given to the parties aforesaid, before the Lady the Queen at Westminster, until the same— next after— to hear their Judgement o● and upon the premises, etc. Because the Court of the Lady the Queen here, are not yet, etc.   

Prohibition.  
Michaelmas Term, Anno 31. and 32. Eliz. Rot. 447. in the Common-Pleas, Co. 4. part, Jeffreyes' Case. Fol. 64.  
Memorandum, That upon Monday, next after a Month of St. Michael this Term, before the Lady the Queen at Westminster, came William Jeffrey Cent. in his proper person, and informed the Cou●t of the Lady the Queen that now is here, That whereas, according to the Law of the Land, and the Custom of this Kingdom of England, time whereof the Memory of Men is not to the contrary, within the said Kingdom had and used, The Inhabitants and Residents within any Parish within the Kingdom aforesaid, within which any Parish Church is, The said Church at their own  costs, as often as need required was repaired, and from the whole time aforesaid, used to be, and aught to be repaired, And that every other person or persons, inhabiting without the same Parish in any other Parish, from the Reparations thereof from the time aforesaid, were discharged and acquitted, And whereas by the Law of the Land, and the Custom aforesaid, It is not lawful to any person or persons, to impose any Rate or Tax upon any person, not dwelling in any Parish where such Church to be repaired, is, in respect, or by reason of any Lands or Tenements, which the said person holdeth or occupieth in the said Parish, where the said Church is to be repaired, as above is said for the Reparation of any Church so unrepaired, without his consent. And whereas also the Trial and Determination of the cause aforesaid, is a matter determinable at the Common Law, and not by the Laws or Censures Ecclesiastical, any ways to be Tried, Ended, or Discussed, nor used to be time whereof the Memory of Man is not to the contrary; Yet Abraham Kenshely, and Thomas Foster, Churchwardens of the Parish of Haylesham, in the County of Sussex, not being ignorant of the Premises, falsely, and subtilely, pretending the aforesaid William Jessrey, to be an Inhabitant within the Parish of Haylesham aforesaid, (whereas in truth, the aforesaid William Jeffrey is, and was dwelling within the Parish of Chiddingly, in the County aforesaid, and never was dwelling within the Parish of Haylesham aforesaid) And the same Church of Haylesham aforesaid, by Tenants and Proprietors of Lands and Tenements within the same Parish behoved, and aught to be repaired, Endeavouring the Queen's Majesty that now is, and her Regal Crown to desinherit, and the Conusance of Pleas, which to the said Queen's Majesty, and to her Regal Crown, and not to the spiritual Court doth belong, to draw to be determined in the spiritual Court, The said William Jeffrey, in the spiritual Court aforesaid, before Doctor DREWRT, Doctor of Law in and throughout the whole Archdeaconry of Lewis, of the most Reverend Father in Christ by Divine Providence, Thomas Lord Bishop of Chichester, lawfully deputed, at the procuring of the same Abraham and Thomas, in this behalf, of and for a certain Tax upon him the said William Jeffrey, to and about the Reparations of the Parish Church of Haylesham aforesaid, imposed, caused to be cited, and him the said William in the spiritual Court aforesaid, before the aforesaid spiritual Judge to appear, and him the said William so appearing to answer to certain Articles of & for the Tax aforesaid, that is to say, for that the said William Jeffrey, knew, believed, & heard, that within the Archdeaconry of Lewes, in the County aforesaid, there was a Church commonly called the Parish Church of Haylesham, & that the said Parish Church, as well in the tiling as in the covering thereof, as in other things needed and wanted, so that unless it were repaired, it was feared it would fall to decay and ruin: And that as well of Common Right, and of an ancient and laudable Custom, as also time whereof the Memory of Men is not to the contrary, inviolably, and unquestoned, it was used and observed, within the Parish of Haylesham aforesaid, That all and singular the Parishioners intending the Reparation of any Church unrepaired, according to the Rate and the Quality of their possessions, having and occupying in same Parish, might or aught to impose a Rate or Tax, and also that the said Church (mature deliberation being had thereof) could not be repaired for less sum than Threescore and Ten pounds, As also that the Churchwardens of the Parish Church of Haylesham aforesaid, for the time being, in the year of our Lord, 1589. and two years then last passed, of and with the consent of all the Parishioners of Haylesham aforesaid, or the greater or better number of the same, A Rate according to the Quantity and Qualities of the possessions aforesaid, and of the Rents within the said Parish, being for the Reparation of the said Church, of the possessions aforesaid, or Rents in the said Parish of all and singular to be imposed, and the same to be taxed, had, decreed, and had appointed a day and place, for the Rate and Tax aforesaid to be made, And that of the same day in which the said Rate should be imposed, notice was given to all the Parishioners aforesaid, as also to Foreigners having Lands, Possessions, or Rents, in the Parish of Haylesham aforesaid, and also in the public Market there: And that at the time and place appointed for the imposing of the aforesaid Tax or Rate, those Church▪ wardens, as also the Parishioners of the said Parish, to the Rate and Tax aforesaid to be made proceeded, And the sum of 4. pence of every Acre of Land, called Marshland, as also the sum of 2. pence, of lawful Money of England, of every Acre of Land called Vpland, within the Parish of Haylesham aforesaid being, for the Reparations of the aforesaid Parish Church, by the havers and occupiers of the aforesaid Acres were imposed, to be paid to the Churchwardens of the aforesaid Parish Church. As also that the said William, 30. Acres of Marsh, called Marsh Ground, and 100 Acres of Land, called Vpland, within the Parish aforesaid held and occupied, or Rents for the same then received; And that the sum from the havers and occupiers of the possessions aforesaid, or Rents within the aforesaid Parish of Haylesham aforesaid, did not extend unto above the sum of 50. pounds of good and lawful Money of England, according to the Rate and Tax aforesaid, to be levied and collected, under the name & colour of their Office (as before is said) of & upon the premises to answer unjustly bound. And although the said William Jeffrey, the matter aforesaid, above contained, in the spiritual Court aforesaid, before the aforesaid spiritual Judge, in his discharge of the premises often had pleaded, alleged, and the same with inevitable truth and good Witness offered to prove, that he by the Law of the Land in form aforesaid ought not to be cited, for the payment of the aforesaid sum upon him the said William Jeffrey, for the Reparations of the Church of Haylesham aforesaid, as before is said taxed, and for that the Tax aforesaid, for the Reparations of the Church aforesaid, in the case aforesaid, is a matter determinable at the Common Law, and not in the spiritual Court; Yet the said spiritual Judge, to admit the same Plea, & Allegation utterly refused; And the aforesaid Abraham, and Tho. Foster, him the said William Jeffrey, in the spiritual Court aforesaid in the premises to be condemned, and to the payment of the aforesaid several sums of Money, upon him the said William Jeffrey, for the Reparations of the Church aforesaid, above in this behalf specially imposed and taxed, which then by the Law of the Land (as before is said) to pay for the reason aforesaid ought not, or is bounden to do, by the definitive Sentence of the said spiritual Court, with all his strength endeavoreth, and daily threatneth, in contempt of the Queen that now is, and to the loss, prejudice, impoverishing, and manifest grievance of him the said William, as also contrary to the Law of the Land aforesaid: And this, the said William Jeffrey is ready to aver, and humbly imploring the aid & assistance of the said Court of the said Lady the Queen, that now is here, demands remedy, And the Writ of the said Lady the Queen of Prohibition, to the aforesaid spiritual Judge, in form aforesaid, to forbid him, that he the Plea aforesaid, nor any thing touching the same before him he further hold not, and it is granted unto him, etc. And thereupon cometh John Porter of Cheddingley, in the County aforesaid of Sussex Esquire, Ard Thomas Aynscomb of Buxted, in the County aforesaid Gent. in their proper persons, and undertake for the aforesaid William Jeffrey, That if it happeneth the aforesaid Abraham Kenshley, and Thomas Foster, To the Court of the Lady the Queen hereafter to come, to demand the said Queens Writ of Consultation, or otherwise, to sue for Justice there of and upon the premises, That then the said William, the said matter, or suggestion, should follow with effect, until the Plea thereof, by some lawful means be ended, that is to say, each of the Bail aforesaid upon the penalty of 10. pound, which said sum of 10. pound, the Bail aforesaid acknowledged, and each of them acknowledged of their Lands and Goods, and of every of them to be levied to the use of the said Lady the Queen, If it shall so happen the said William, not to prosecute in form aforesaid, with effect, etc.    

REPLEVIN.  

Michaelmas Term: Anno 23. Eliz. Rot. 1160. in the Common Pleas, C. 1. part Capulets Case. Fo. 54.  
THomas Gately was summoned to answer John Hunt of a Plea, wherefore he took the  of the said john, and them detained against Gauges, and Pledges, etc. And whereupon, the said john, by john Lutwich his Attorney, complaineth that the aforesaid Thomas, the 27th. day of November, in the year of the Reign of the Lady the Queen, that now is, the 22th. at Howcaple, in a certain place called Stockings, took his , that is to say, 6. Oxen, and 6. Cows of him the said john, and them unjustly detained against Gauges, and Pledges until, etc. whereupon he saith, he is the worse, and hath loss to the value of 100 pound, and thereof bringeth suit, etc. and the aforesaid Thomas, by Thomas Willis his Attorney, comes and defends the force and injury when, etc. And as Bailiff of Anthony Capel Gent. acknowledgeth the taking of the  aforesaid, in the aforesaid place in which, etc. and justly, etc. Because that he saith, that the place in which it is supposed the taking of the  aforesaid to be done, doth contain, and at the time of the taking of the Cattle aforesaid supposed to be done, did contain in it 300. Acres of Land, with the appurtenances in Howcaple aforesaid, and that long before the aforesaid time in which, etc. One Thomas Capel Esquire, was seized of the Manor of Howcaple, with the appurtenances in the County aforesaid, whereof the aforesaid 300. Acres of Land with the appurtenances in which, etc. are, and at the aforesaid time in which, etc. as also time whereof the memory of men is not to the contrary were parcel, in his demesn as of Fee, and so thereof being seized, after the fourth day of February, in the year of the Reign of the Lord Henry, late King of England the 8th. the 27th. and before the time in which, &c Of the said Manor with the appurtenances whereof, etc. amongst other enfeoffed john Warmcombe, Richard Wahrein, Alexander Whittington, Thomas Walwem, john I loid and Henry jones, To have and to hold the said Manor with the appurtenances, whereof, etc. amongst other, to the said john Warmcombe, Richard Walwein, Alexander Whittington, Thomas Walwein, john Llud, and Henry ●ones, their Heirs and Assigns for ever, To the use of the aforesaid Thomas Capel, and the Heirs Males of his body lawfully begotten; and for default of such issue, to the use of Edward Capel, and the Heirs Males of the body of the said Edward lawfully begotten; and for default of such issue, to the use of Richard Capel, and the Heirs Males of the body of the said Richard lawfully begotten; and for default of such issue, to the use of William Capel, and the Heirs Males of the body of the said William lawfully begotten; and for default of such issue, to the use of Giles Capel, for the term of the life of the said Giles, and after the decease of the said Giles, to the use of the Right Heirs of the said Thomas Capel for ever: By virtue of which Feoffment, and by force of a certain Act of Parliament of the aforesaid late King at Westminster, of transferring uses into possession, in the 27th. year abovesaid, holden, made, The aforesaid Thomas Capel was seized of the Manor aforesaid with the appurtenances, whereof (amongst other) in his demesn as of Feetail, that is to say, to him and the Heirs Males of his body lawfully begotten, and for default of such issue, the remainder thereof to the aforesaid Edward Capel, and the Heirs Males of his body lawfully begotten; and for default of such issue, the Remainder thereof in form aforesaid expectant, and the aforesaid Thomas Capel, of the Manor aforesaid, with the appurtenances whereof, etc. amongst other, in form aforesaid being seized, before the aforesaid time in which, etc. at Howcaple aforesaid died, of such his estate thereof seized, after whose death, The Manor aforesaid with the appurtenances amongst other, descended to one William Capel, as Son and Heir of the body of the aforesaid Thomas Capel lawfully begotten, by which, the said William Capel the Son, before the aforesaid time in which▪ etc. into the Manor aforesaid with the appurtenances whereof, etc. entered, and was thereof seized in his demesn as of Feetail, that is to say, to him and the Heirs Males of his body lawfully begotten, & for default of such issue, the remainder thereof to the aforesaid Edward, and the Heirs Males of his body lawfully begotten, in form aforesaid expectant. And the said Edward of that remainder as of Feetail and Right being seized, before the time in which, etc. at Howcaple aforesaid died of such his Estate seized, after whose death the remainder thereof descended to one Richard Capel, as Son and Heir of the body of the aforesaid Edward lawfully begotten: By which, the said Richard Capel the Son, was seized of the aforesaid remainder, of the Manor aforesaid, with the appurtenances whereof, etc. amongst other, as of Feetail, that is to say to him, and the heirs Males of his body lawfully begotten; and the said Richard Capel the Son being thereof so seized, and the said William Capel the Son, of the said Manor with the appurtenances, whereof, etc. amongst other, in form aforesaid being seized, The said Richard Capel the Son, before the time in which, that is to say, the 22th. day of November, in the year of the Reign of the said Lady the Queen that now is, the 18th. at Howcaple aforesaid, By his writing, which the said Thomas Gateley, with the Seal of the said Richard Capel, Sealed here in Court brings, whose date is the same day & year, granted to the aforesaid Anthony Capel by the name of Antho. Capel his Son, one annuity or yearly rent of 50. l. to be going out of the Manor aforesaid, with the appur. thereof, whereof, etc. amongst other, To have, hold, and enjoy, the aforesaid annuity, or yearly Rent of 50. pound, to the aforesaid Anthony Capel his Heirs and Assigns forever, at two Terms of the year, that is to say, at the Feast of Saint Michael the Archangel, and the Anuntiation of the blessed Mary the Virgin, by equal Portions to be paid; and if it should happen the aforesaid annuity, or yearly Rent of 50. pound, to be behind not paid in part, or in all, after any of the Feasts aforesaid, in manner, and form as before is said, it ought to be paid, by the space of 20. days, that then, and from thenceforth, and in all times, as often as it should happen the aforesaid annuity, or yearly Rent so to be unpaid, that then it should be lawful, to the aforesaid Anthony Capel, his Heirs and Assigns, and every of them into the Manor aforesaid, with the appurtenances whereof, etc. amongst other, and into any part or parcel thereof to enter and distrein, and the distresses so there taken, and had, to drive, carry away, impound, and with him to retain, until the said Anthony Capel or his Assigns, as well of the aforesaid, annuity, or yearly Rent, so being behind be paid, as of the arrearages thereof, if any were, should be satisfied and paid, as by the said writings amongst other things more fully appeareth; and the aforesaid William Capel the Son of the Manor aforesaid, with the appurtenances thereof, whereof, etc. in form aforesaid being seized, afterwards, and before the time, in which, etc. That is to say, the 10th. day of November, in the year of the Reign of the said Lady the Queen that now is, the 19th. at Howcaple aforesaid, died without Heir Male of his body issuing; and because 25. pound, of the aforesaid yearly Rent of 50. pound, after the death of the said William Capel the Son, at the Feast of Saint Michael the Archangel, in the year of the Reign of the said Lady the Queen that now is, the 20th. by the space of 20. days after the Feast, to the aforesaid Anthony Capel, the aforesaid time in which, etc. were behind not paid, The said Thomas Gately, as Bailiff of the said Anthony, for the said 25. pound, of the aforesaid yearly Rent, in form aforesaid being behind, doth well avow the taking of the  aforesaid, in the place in which, etc. and justly, etc. as in parcel of the Manor aforesaid, whereof, etc. to the distress of the said Anthony aforesaid, charged and bound, etc. with this, that the said Thomas Gateley will aver, That the aforesaid Richard Capel, at the time of the taking aforesaid was, and as yet is living, and in full life, that is to say, at Howcaple aforesaid, etc. And the aforesaid John Hunt saith, That the aforesaid Thomas Gateley for the cause before alleged, the taking of the  aforesaid, in the aforesaid place, in which, etc. as Bailiff of the said Anthony Capel, to be just ought not to a vow, Because he saith, That well and true it is, That the aforesaid Thomas Capel Esquire, was seized of the aforesaid Manor of Howcaple, with the Appurtenances whereof, etc. in his demesn as of Fee, and so thereof seized, after the aforesaid 4th. day of February, in the year of the Reign of the said late King Henry the 8th. the 27th. aforesaid, and before the aforesaid time in which, etc. Of the said Manor, with the Appurtenances whereof, etc. enfeoffed the aforesaid, John Warmcombe, Richard Walweyn, Alevander Wittington, Thomas Walweyn, john Lloid, and Henry jones, To have, and to hold, the said Manor with the appurtenances amongst other, to the said john Warmcombe, Richard Walweyn, Alexander Wittington, Thomas Walweyn, john Lloid, and Henry, and their Heirs and Assigns forever, to the use of the aforesaid Thomas Capel, and the Heirs Males of the body of the said Thomas lawfully begotten; and for default of such issue, to the use of the aforesaid Edward Capel, and the Heirs Males of the body of the said Edward lawfully begotten; and for such default of such issue, To the use of the aforesaid Richard Capel, and the Heirs Males of the body of the said Richard lawfully begotten; and for default of such ●●e, To the use of the aforesaid William Capel, and the Heirs Males of the body of the said William lawfully begotten; and for default of such issue, to the use of Giles Capel, for the Term of the life of the said Giles; and after the decease of the said Giles, to the use of the Right Heirs of the said Thomas Capel forever. By virtue of which Feoffment, and by force of the Statute aforesaid, The aforesaid Thomas Capel was seized of the Manor aforesaid, with the appurtenances whereof, etc. amongst other in his demesn as of Feetail, that is to say, to him and the Heirs Males of his body lawfully begotten; and for default of such issue, the remainder thereof, to the aforesaid, Edward Capel, and the Heirs Males of his body lawfully begotten; and for default of such issue, the remainder thereof in form aforesaid expectant; and that the aforesaid Thomas Capel of the Manor aforesaid with the appurtenances whereof, etc. in form aforesaid being seized, before the aforesaid time in which, etc. died of such his Estate thereof seized: After whose death the Manor aforesaid, with the appurtenances whereof, etc. amongst other, descended to the aforesaid William Capel, as Son and Heir of the body of the aforesaid Thomas Capel lawfully begotten; By which the said William Capel the Son, afterwards and before the time in which, etc. into the Manor aforesaid, with the appurtenances whereof, etc. amongst other, entered, and was thereof seized in his demesn as of Feetail, that is to say, to him and his Heirs Males of his body lawfully begotten; and that the aforesaid William Capel the Son, of the said Manor with the Appurtenances whereof, etc. amongst other, in form aforesaid being seized, The said Richard Capel, Son of the aforesaid Edward Capel, the 22th. day of November, in the year of the Reign of the said Lady the Queen that now is, the 18th. at Howcaple aforesaid, by the aforesaid his Writing, granted to the aforesaid Anthony Capel, the aforesaid annuity, or yearly Rent of 50. pound, to be going out of the Manor aforesaid, with the appurtenances whereof, etc. as the aforesaid Thomas Gately above alleged. But the said John Hunt further saith, That the aforesaid William Capel of the Manor aforesaid, with the appurtenances whereof, etc. in form aforesaid being seized: That the Fine was levied in the Court of the said Lady the Queen that now is here, at Westminster aforesaid, from the day of Saint Martin in 15. days, in the year of her Reign, the 19th. before James Dyer, Richard Harper, Roger Manwood, and Robert Mounson, than Justices of the said Lady the Queen of the Bench here; and afterwards in the 8th. day of Saint Hillary, in the year of the Reign of the said Lady the Queen that now is, the 19th. aforesaid, there granted and Recorded before the same Justices, and other the said Lady the Queen's faithful people then there present, Between Richard Wooton, and Richard Shawley Plaintiffs, and the aforesaid Will. Capel defendant, of the Manor aforesaid with the Appurtenances, whereof, etc. amongst other, By the names of the Manors of Capel, otherwise Hugh Capel, Showle, and Okeridge with the Appurtenances, and 20. Messages, 10. Tofts, 20. Cottages, 2. Mills, 3. Dovehouses, 800. Acres of Land, 260. Acres of Meadow, 1700. Acres of Pasture, 200. Acres o● Wood, 1000, Acres of Furz and Heath, and 5. pound Rend with the Appurtenances i● Capel, otherwise Hugh Capel, Showle, Okeridge, ●●rkell, and ●edbary. As also of the Advowson of the Church of Capel, otherwise Hugh Capel, whereof a Plea of Covenant was summened between them in the said Court, That is to say, That the aforesaid William acknowleged the aforesaid Manors, Tenements, and Rents with the Appurtenances, and the Advowson of the Church aforesaid, to be the Right of the said Richard, as these which the said Richard and John, had of the gift of the aforesaid William, and those remised and quit claimed, from him and his Heirs, to the aforesaid Richard and John, and the Heirs of the aforesaid Richard forever. And further, the said William, granted for him and his Heirs, That they warrant to the aforesaid Richard and john, and to the Heirs of the said Richard, the aforesaid Manors, Tenements, Rents with the Appurtenances, and the Advowson aforesaid, against all Men forever: And for that Recognition, remise, quit claim, Warranty, Fine, and Concord, The said Richard and john, gave to the aforesaid William, 700. pound Sterling; Which Fine, in form aforesaid levied, was levied and had to the use of the said john Hunt, and his Heirs: By virtue of which Fine, and by force of the Statute aforesaid, the said john was seized of the Manors aforesaid with the Appurtenances, whereof, etc. in his demesn as of Fee; And the said john, so thereof being seized, Thomas Spenceley, and Baldwin Castleton, before the aforesaid time of the taking, etc. that is to say, the 4th. day of junuary, in the year of the Reign of the said Lady the Queen that now is the 19th. abovesaid, sued forth out of the Court of the Chancery of the said Lady the Queen that now is, at Westminster, in the County of Middlesex then being, A certain Writ of the said Lady the Queen of Entry upon Disseisin in the Post, against him the said john Hunt, of the Manor aforesaid with the Appurtenances, whereof, etc. amongst other, by the names of the Manor of Capel, otherwise Hugh Capel, otherwise How Capel with the Appurtenances, and 20. Messages, 10. To●ts, one Mill, 2. Dovehouses, 500 Acres of Land, 200. Acres of Meadow, 600. Acres of Pasture, 100 Acres of Wood, 700. Acres of Furz and Heath, and 4. pound Rend with the Appurtenances in Capel, otherwise Hugh Capel, otherwise How Capel, Brocherton, and Sellershop, as also of the Advowson of the Church of Capel, otherwise Hugh Capel, otherwise How Capel, To the then Sheriff of the aforesaid County of Hereford directed; By which Writ, the said Lady the Queen that now is, To the said then Sheriff commanded, That the said Sheriff should command the said john Hunt, that justly and without delay, he render to the aforesaid Thomas Spenceley, and Baldwin, the Manor, Tenements and Rents aforesaid with the Appurtenances, and the Advowson aforesaid, which the said Thomas, and Baldwin, to be their Right and Inheritance, and in which the said john then had not Entry, but after Disseisin which Hugh Hunt, thereof unjustly and without Judgement did to the aforesaid Thomas Spenceley, and Baldwin, within 30. years then last past as they said; And if he should not do, and the aforesaid Thomas Spencely, and Baldwin, should secure him the said Sheriff for the prosecuting of their claim, Then he summon, by good Summoners him the said John Hunt, that he should be before the then Justices of the said Lady the Queen here, that is to say, at Westminster aforesaid, in 8. days of St. Hillary than next following, to show wherefore he did not do it. And that the said then Sheriff should have there the summons, and that Writ: At which 8. days of St. Hillary, before the aforesaid Janes Dyer Knight, and his Companions then Justices of the said Lady the Queen of the Bench here, came aswel the aforesaid Thomas Spenceley, and Baldwin, as the said John Hunt in their proper persons, And James Warnecome Esquire, than Sheriff of the aforesaid County of Hereford, then and there returned the Writ aforesaid, to him in form aforesaid directed, in all things served and executed, that is to say, That the said Thomas Spenceley, and Baldwin, had found to him the said Sheriff sureties for to prosecute that Writ, that is to say, John Do, and Richard Roose: And that the said John Hunt, was summoned by John Den, and Richard'●en, and upon that, The aforesaid Thomas Spenceley, and Baldwin, declaring against him the said John Hunt, upon the Writ aforesaid, demanded against him the said John Hunt, the Manor, Tenements, and Rend aforesaid with the Appurtenances, and the Advowson aforesaid, as their Right and Inheritance, and in which the said John had not then Entry, but after the Deseisin which Hugh Hunt thereof unjustly, and without Judgement did to the aforesaid Thomas Spenceley, and Baldwin, within 30. years, etc. And whereupon they then said, That they themselves were seized of the Manor, Tenements, and Rend aforesaid with the Appurtenances, in their demesn as of Fee and Right, and of the Advowson aforesaid as of Fee and Right, in the time of Peace, in the time of the Lady the Queen that now is, taking the profits thereof to the value, etc. And in which, etc. And thereof then they brought suit, etc. And the said John Hunt in his proper person, than defended his Right when, etc. And vouched thereof to warranty the aforesaid William Capel, who then present there in the same Court here in his proper person, willingly the Manor, Tenements, and Rend aforesaid with the Appurtenances, and the Advowson aforesaid to him did warrant, And upon that, The said Thomas, and Baldwin, then demanded against the aforesaid William, Tenant by his Warranty, the Manor, Tenements, and Rents aforesaid with the Appurtenances, and the Advoson aforesaid, in form aforesaid, etc. And whereupon then said, That they themselves were seized of the Manor, Tenements, and Rents aforesaid with the Appurtenances, in their demesn as of Fee and Right, And of the Advowson aforesaid as of Fee and Right in time of Peace, in the time of the Lady the Queen that now is, taking the Profits thereof to the value, etc. And the aforesaid William, Tenant by his Warranty aforesaid, then defended his Right when, etc. And further then vouched to warranty John Howel, who then likewise was present here in the said Court in his proper person, and willingly, the Manor, Tenements, and Rents aforesaid with the Apurtenances, and the Advowson aforesaid to him did warrant, etc. And thereupon, The said Thomas, and Baldwin, then demanded against him the said John Howel, Tenant by his warranty, the Manor, Tenements, and Rents aforesaid with the Appurtenances, and the Advowson aforesaid in form aforesaid etc. And whereupon, they then said, That they themselves were seized of the Manor, Tenements, and Rents aforesaid in their demesn as of Fee and Right, And of the Advowson aforesaid as of Fee and Right in the time of Peace, in the time of the said Lady the Queen that now is, taking the Profits thereof to the value, etc. & in which etc. And thereof then brought ther● suit, etc. And the aforesaid John Howell, Tenant by his Warranty, defended then his Right when, etc. And then said, That the aforesaid Hugh did not disseise the aforesaid Thomas Spenceley and Baldwin, of the Manor, Tenements, and Rents aforesaid with the Appurtenances, and of the Advowson aforesaid, as the said Thomas, and Baldwin, by their Writ and Declaration above then supposed, and of that then put themselves upon the Country, and the aforesaid Thomas Spenceley, and John Barldwin, then demanded licence thereof to in parl, and had it, and aferwards the said Thomas, and Baldwin, came back here into the same Court here the same Term in their proper persons, and the aforesaid John Howel, although he was solemnly called, did not then come back, but in contempt of the Court departed and made default: By which, Than it was granted in the same Court here, That the aforesaid Thomas Spenceley, and Baldwin, recover their seisin against him the said John Hunt, of the Manor, Tenements, and Rents aforesaid with the Appurtenances, and the Advowson aforesaid; And that the said John should have of the Lands of the said William Capel, to the value, etc. And that the said William further should have of the Lands of the said John Howel, to the value, etc. And that the said John then should be in mercy, etc. By virtue of which Recovery, The aforesaid Thomas Spenceley, and Baldwin, into the Manor and Tenements aforesaid with the Appurtenances, entered and was thereof seized in their demesn as of Fee. Which Recovery, and the Execution thereof, in form aforesaid sued forth and had, was to the use of the said John Hunt, and his Heirs for ever. By which, and by force of the Statute aforesaid, the said John Hunt was seized of the Manor aforesaid with the Appurtenances, in his demesn as of Fee. And so thereof being seized, before the time of the taking, etc. put his  aforesaid, into the aforesaid 300. Acres of Land, the grass then there growing to eat, and the  aforesaid were in the said 300. Acres of Land, the grass in them then growing eating, until the aforesaid Thomas Gateley, the aforesaid 22th. day of November, in the year of the said Lady the Queen that now is, at Hue Capel aforesaid, in the aforesaid place called Stockings, took the said  of him the said John, and them unjuly detained against Gauges and Pledges, until, etc. as the said John against him above complaineth: And this he is ready to aver; Wherefore in as much as the aforesaid Thomas Gately, the taking of the  aforesaid, in the aforesaid place in which, etc. above acknowledgeth, The said John demands Judgement, and his damages, for the occasion of the taking and unjustly detaining of the said , to him to be adjudged. And the aforesaid Thomas Gateley saith, That the aforesaid Plea of the said John Hunt, in bar of the Avowry aforesaid pleaded, i● insufficient in Law to bar him the said Thomas, as Bailiff of the aforesaid Anthony from the just avowage of the taking of the  a-aforesaid, in the place in which, &c And that he to that Plea, in form aforesaid pleaded, needeth not, nor is bound by the Law to Answer, And this, he is ready to aver, wherefore, for want of a sufficient Plea in this behalf, The said Thomas demands Judgement and a return of the  aforesaid, together with his damages to be adjudged unto him, etc. And the aforesaid John Hunt, in as much as he sufficient matter in Law to the aforesaid Thomas as Bailiff of the same Anthony, from the just acknowleging of the taking of the  aforesaid, in the place aforesaid in which, etc. to be barred above confesseth, which he is ready to aver, which matter the aforesaid Thomas doth not deny, nor to the same any ways Answereth, but altogether refuseth to admit the same Averment, As at first demandeth Judgement and his damages by the occasion of the taking, and unjustly detaining of the  aforesaid, to be to him adjudged, &. And because the Justices here will avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid here, until the Morrow of Holy Trinity, to hear their Judgement thereof, because that the said Justices here thereof are not yet, etc. At which day, here come aswel the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid here, until in 8. days of Saint Michael, to hear their Judgement thereof, because the said Justices here thereof are not yet, etc. At which day here cometh, aswel the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the Justices here, will further avise themselves before they give their Judgement of and upon he premises, day is given to the parties here, until in the morrow of the Holy Trinity, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day here cometh as well the aforesaid John Hunt, as the said Thomas Gateley by their Attorneys aforesaid; and because the Justices here will further avise themselves, before that they give their Judgement of and upon the premises, day is given to the parties aforesaid here, until in 8. days of Saint Hillary, to hear their Judgement thereof, because the same Justices here are not thereof yet, etc. At which day here cometh aswel the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the Justices here will further avise themselves of giving their Judgement of and upon the premises, day is given to the parties here until from the day of Easter, in 15. days, to hear their Judgement thereof, because the same Justices here are not thereof as yet, etc. At which day here cometh aswel the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the Justices here will further avise themselves before they give their Judgement of & upon the premises, day is given to the parties aforesaid here until the Morrow of the Holy Trinity, to hear their Judgement thereof, because the Justices here thereof are not yet, etc. At which day, here cometh aswel the aforesaid John Hunt, as the aforesaid Thomas Gateley by their Attorney's aforesaid; And because the Justices here will further avise themselves, before they give their Judgement of and upon the premises, day is given to the parties here until the Morrow of ALL SOULS, to hear their Judgement thereof, because the same Justices here are inot yet, etc. Before which day, the Plea aforesaid was adjourned by the Writ of the said Lady the Queen of Common Adjornment from Westminster aforesaid, unto the Castle of the Lady the Queen of Hertford, in the County of Hertford, until the aforesaid morrow of All Souls: at which day, that is to say, at the aforesaid Castle of Hertford, cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the Justices here will further avise themselves, before that they give their Judgement of and upon the premises, day is given unto the parties aforesaid, until in 8. days of St. Hillary, to hear their Judgement thereof, because the same Justices here thereof are not yet, etc. Before which day the Plea aforesaid was adjourned by the Writ of the La●y the Queen of Common Adjornment, from the aforesaid Castle of Hertford, unto Westminster aforesaid, at the aforesaid 8. days of St. Hillary: at which day here, that is to say, at Westminster, cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the Justices here will further avise themselves of and upon the premises, before that they give their Judgement thereof, further day is given here to the parties aforesaid, until from Easterday in 15. days, to hear their Judgement thereof, because the Justices here are not thereof as yet, etc. At which day, cometh as well the aforesaid john Hunt, as the said Thomas Gately, by their Attorneys aforesaid; and because the Justices here will further avise themselves of and upon the premises, before that they give their Judgement thereof, day is given to the parties aforesaid here, until in the morrow of the Holy Trinity, to hear their Judgement thereof, because the same Justices here, are not thereof as yet, etc. At which day here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the Justices here will further avise themselves, before they give their Judgement of and upon the premises, day is given to the parties here, until in 8. days of St. Michael, for to hear their Judgement thereof, because the same Justices here, are not thereof as yet, etc. At which day, here cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley by their Attorneys aforesaid, and because the Justices here will further avise themselves, before they give their Judgement of an● upon the premises, day is given to the parties aforesaid here, until in 8. days of St. Hillary, to hear their Judgement thereof, because the same Justices here thereof, are not yet, etc. At which day here cometh, as well the said John Hunt, as the aforesaid Thomas Gately, by their Attorneys aforesaid; and because the Justices here will further avise themselves, before they give their Judgement of and upon the premises, day is given to the parties here, until from the day of Easter in 15. days to hear their Judgement thereof, because the same Justices here, are thereof not yet, etc. at which day here cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; And because the Justices here will further avise themselves, before that they give their Judgement of and upon the premises, day is given to the parties aforesaid here, until in 8. days of Saint Michael, to hear their Judgement thereof, because the same Justices here are not yet, etc. At which day here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the Justices here, will avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid, until in 8. days of St. Hillary, to hear their Judgement thereof, because the same Justices here thereof, are not yet, etc. at which day here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid, until from the day of Easier in t5. days, to hear their Judgement thereof, because the same Justices here thereof, are not yet, etc. At which day here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid here, until In the morrow of Holy Trinity, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the Justices here will further avise themselves of and upon the premises, before that they give their Judgement thereof, day is given to the parties aforesaid here, until in 8. days of St. Michael, to hear their Judgement thereof, because the same Justices here thereof, are not yet, etc. at which day cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the Justices here will further avise of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid here, until in 8. days of St. ●illary, to hear their Judgement thereof, because the same Justices here thereof, Let as yet, etc. at which day, here comteh aswel the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the Justices here, will further avise of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid, here until from Easter day, in 15. days, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day, here come as well the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid, here until the Morrow of Holy Trinity, to hear their Judgement thereof, because the same Justices here 〈◊〉 not yet, etc. At which day here, cometh as well the aforesaid John Hunt, as the said Thomas Gateley, by their Attorney's aforesaid; And because the Justices will further avise themselves of & upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid here until in 8. days of Saint Michael, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day, here cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the Justices here, will further avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid here until in 8. days of Saint Hillary, to hear their Judgement thereof, because the same justices here thereof not yet, etc. At which day, here cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the justices here, will further avise themselves of and upon the premises, before that they give their judgement thereof, day further is given to the parties aforesaid, here until from the day of Easter, in 15. days, to hear their judgement thereof, because that the same justices here thereof not yet, etc. At which day here cometh as well the aforesaid John Humt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day is given to the parties aforesaid here until in the Morrow of the Holy Trinity, to hear their judgement thereof, because the same justices here not yet, etc. At which day, here cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the justices here will further avise themselves of and upon the premises, before that they give their judgement thereof, day is given to the parties aforesaid here, until in 8. days of Saint Michael, to hear their judgement thereof, because the same justices hear not yet, etc. At which day, here cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises before they give their judgement thereof, day is given to the parties aforesaid here until in 8. days of Saint Hillary, to hear their judgement thereof, because the same Justices here thereof not yet, etc. At which day, here cometh as well the aforesaid John Hunt, as the aforesaid Thomas Cateley, by their Attorney's aforesaid; And because the justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day is given to the parties aforesaid here until from the day of Easter, 15. days to hear their judgement thereof, because the same justices here thereof not yet, etc. At which day, here cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day is given to the parties aforesaid here, until the Morrow of the Holy Trinity, to hear their judgement hereof, because the same Justices here thereof not yet, etc. At which day, here cometh as well the aforesaid John Hunt, as the aforesaid Thomas Gateley, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day is given to the part●es aforesaid here, until in 8. days of Saint Michael to hear their Judgement thereof, because the same justices here, thereof not yet, etc. At which day, here cometh as well the said johnt Hunt, as the aforesaid, Thomas Gateley, by their Attorneys aforesaid; And because the Justices here, will further avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid here, until in 8. days of St. Hillary, to hear their Judgement thereof, because the same justices here thereof, not yet, etc. At which day here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; And because the justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day is given to the parties aforesaid here, until from the day of Easter in 15. days, to hear their judgement thereof, because the same justices here, thereof not yet, etc. At which day here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day is given to the parties aforesaid here, until in the morrow of the Holy Trinity, to hear their judgement thereof, because the same justices here thereof, not yet, etc. at which day, here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day is given to the parties aforesaid here, until in 8. days of Saint Michael, to hear their judgement thereof, because the same justices here thereof, not yet, etc. at which day, here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the justices here, will further avise themselves of and upon the premises, before they give their judgement thereof, further day is given to the parties aforesaid here, until in 8. days of St. Hillary, to hear their judgement thereof, because the same justices here, of their judgement thereof, not yet, etc. at which day here, cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because ●he justices here, will further avise themselves, before they give their judgement of and upon the premises, day further is given to the parties aforesaid here until from the day of Easter in 15. days ●o hear their judgement thereof, because the same justices here thereof, not yet, etc. at which day, here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the justices will further avise themselves of and upon the premises, day is given to the partis aforesaid here, until in the morrow of the Holy Trinity, to hear their judgement thereof, because the same justices here thereof not yet, etc. at which day, here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the justices here will further avise themselves of the premises, before they give their judgement thereof, day is given to the parties aforesaid here, until in 8. days of St. Michael, to hear their judgement thereof, because the same Justices here, thereof not yet, etc. at which day, here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the Justices here, will further avise themselves of and upon the premises, before they give their Judgement thereof, day further is given to the parties aforesaid here, until in 8. days of St. Hillary, to hear their judgement thereof, because the same justices here, thereof not yet, etc. at which day here cometh, as well the aforesaid john Hunt, as the aforesaid Thomas, by their Attorneys aforesaid; and because the justices here, will further avise themselves of and upon the premises, before they give their judgement thereof, day further is given to the parties aforesaid here until from the day of Easter in 15. days, to hear their judgement thereof, because the same justices here thereof not yet, etc. at which day, here cometh as well the aforesaid john, as the aforesaid Thomas, by their Attorneys aforesaid; and because the justices here, will further avise themselves of and upon the premises, before they give their judgement thereof, day is given to the parties aforesaid here, until in the morrow of the Holy Trinity, to hear their judgement thereof, because the same justices here, thereof not yet, etc. at which day here cometh as well the aforesaid john, as the aforesaid Thomas, by their Attorneys aforesaid; and because the justices here, will further avise themselves of and upon the premises, before they give their Judgement thereof, day is further given to the parties aforesaid, until in 8. days of Saint Michael, to hear their judgement thereof, because the same justices here, thereof not yet, etc. at whi●h day, here cometh as well the aforesaid john Hunt, as the aforesaid Thomas Gateley, by their Attorneys aforesaid; and because the justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day forth is given to the parties aforesaid here, until in 8. days of St. Hillary, to hear their judgement thereof, because the same justices here, thereof not yet, etc. At which day, here cometh as well the aforesaid john, as the aforesaid Thomas, by their Attorneys aforesaid; and because the Justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day further is given to the parties aforesaid here until from the day of Easter in 15. days, to hear their judgement thereof, because the same justices here thereof not yet, etc. At which day, here cometh as well the aforesaid john, as the aforesaid Thomas, by their Attorneys aforesaid; and because the justices here will further avise themselves of and upon the premises before they give their judgement thereof, day further is given to the parties aforesaid here until the morrow of the Holy Trinity, to hear their judgement thereof, because the same justices here thereof not yet, etc. At which day here cometh as well the aforesaid john, as the aforesaid Thomas, by their Attorneys aforesaid; and because the justices here will further avise themselves of and upon the premises, before they give their judgement thereof, further day is given to the parties aforesaid here until the morrow of All Souls, to hear their judgement thereof, because the said justices here thereof not yet, etc. Before which day the Plea aforesaid was adjourned by the Writ of the Lady the Queen of Common Adjornment from Westminster, in the County of Middlesex, unto the Castle of the Lady the Queen of Hertford, in the County of Hertford, at the same morrow of All-Soules, etc. At which day here, that is to say, at the Castle of Hertford, cometh as well the aforesaid john, as the aforesaid Thomas, by their Attorneys aforesaid; and because the justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day is given to the parties aforesaid here in 8. days of St. Hillary, to hear their judgement thereof, before the said justices here thereof not yet, etc. Before which day, the Plea aforesaid, was adjourned by the Writ of the Queen of Common adjornment, from the said Castle of the said Queen of Hertford, in the County of Hertford unto Westminster aforesaid, in the aforesaid County of Middlesex, at the same 8. days of St. Hillary, etc. And now here, that is to say, at Westminster aforesaid, cometh as well the aforesaid John, as the aforesaid Thomas Gateley, by their Attorneys aforesaid: and upon this, the premises being seen, and by the justices here fully understood, It seemeth to the same justices here, That the aforesaid Plea of the aforesaid john Hunt above in Bar of the Conusance aforesaid pleaded is sufficient in Law to him the said Thomas Gateley, as Bailiff of the said Anthony, justly acknowledging the taking of the  aforesaid, in the aforesaid place in which to Bar, as the aforesaid, Ihhn Hunt▪ above alleged, for which, the aforesaid john Hunt his damages, for the occasion of the taking, and unjustly detaining of the  aforesaid, against the aforesaid Thomas Gateley ought to recover, But because it is not known, what damages the aforesaid john Hunt, for the occasion of taking, and unjustly detaining of the  aforesaid sustained, It is Commanded to the Sheriff, that by the Oaths of good and lawful men of his County, he diligently inquire what damages the said john Hunt sustained, as well by the occasion of the taking, & unjustly detaining of the  aforesaid, as for his Costs and Charges by him about his suit in this behalf expended; and the Inquire which, etc. The Sheriff make to appear here from the day of Easter in 15. days under his Seal, etc. And the Seals, etc. At which day here cometh the aforesaid john Hunt, by his Attorney aforesaid; And upon this, The same john Hunt, acknowledgeth here in the Court here, that he would not further prosecute the same Thomas Gateley for any damages to him, for the occasion of the taking, and unjustly detaining of the  aforesaid to be adjudged, but all the said damages to him so to be adjudged willingly here in Court to the said Thomas Gateley doth remise and release; Therefore the said Thomas Gateley of those damages be acquitted, etc.   

REPLEVIN.  
Trinity Term: Anno 36. Eliz. Rot. 1676. in the Common Pleas, C. 1. part, Archers Case. Fol. 65.  
IOhn Smith Gent. was summoned to Answer to William Baldwin of a Plea, wherefore he took the  of the said William, and them unjustly detained, 
Essex.  against Gauges, and Pledges, etc. And whereupon, The said William by Isaac Hamond his Attorney complaineth, That the aforesaid John, the 9th. of January, in the year of the Reign of the Lady the Queen that now is, the 36th. at Bocking, in a certain place called the Meadow, abutting upon the Common Highway, leading from Braintree, unto Pantforld, in the County aforesaid against the North-East, and upon the Lands of John Mott towards the South▪ West, took , that is to say, 26. Sheep of him the said William, and them unjustly detained against Gauges and Pledges, until, etc. Whereupon he saith he is the worse, and hath loss to the value of 40. pound, and thereof he bringeth suit, etc. And the aforesaid John, by Tho. Reynolds his Attorney cometh, and defendeth the force and Injury when, etc. And as Bailiff of Joh. Kent gent. Son of Joh. Kent gent. deceased. well acknowledgeth the taking of the  aforesa. in the place aforesa. in which, etc. and justly, etc. Because he saith, That the same place in which it is supposed the taking the  aforesaid above to be done, containeth in itself 4. Acres of Pasture, with the Appurtenances in Bocking aforesaid, which 4. Acres of Pasture with the appurtenances, at the time aforesaid in which etc. Was the Soil, and Freehold of the said John Kent the Son; and because the  aforesaid, the time aforesaid in which, etc. were in the same then eating the grass, and doing damage there▪ The said John Smith, as Bailiff of the aforesaid John Kent the Son, doth well acknowledge the taking of the  aforesaid, in the place aforesaid in which, etc. and justly, there so damage feisant etc. And the aforesaid William Baldwin saith, That the said John Smith, as Bailiff of the said john Kent the Son, for the reason before alleged, ought not to make Conusance, of the taking of the  aforesaid to be just, Because he saith, That long before the said taking aforesaid had, One john Archer Gent. was seized of the aforesaid 4. Acres of Pasture, with their appurtenances in which, etc. in his demesn as of Fee; and he the said john being thereof so seized, before the aforesaid time of the taking aforesaid done, that is to say, the 8th. day of January, in the year of the Reign of the Lady the Queen that now is, the 36th. aforesaid, gave licence unto the said William, to put his  aforesaid, into the aforesaid place in which, etc. to eat the grass there growing, By virtue of which licence, the said William afterwards, that is to say, the said aforesaid 9th. day of january, in the 36th. year aforesaid, put his  aforesaid, in the place in which, etc. to eat the grass there growing, which  were in the said place in which, etc. eating the grass then growing in the same, until the said john Smith, the aforesaid 9th. day of january, in the year of the Lady the Queen that now is, the 36th. aforesaid, at Bocking aforesaid, in the aforesaid place called the Meadow, took the  aforesaid of him the said William, and them unjustly detained against Gauges and Pledges until, etc. As he above him complaineth, without that that the aforesaid 4. Acres of Pasture, with the appurtenances in which, etc. the time of the taking aforesaid done, was the Soil and Freehold of the said John Kent the Son, as the said William above hath alleged. And this he is ready to aver; Wherefore in as much as the said John Smith, acknowledgeth the taking of the  aforesaid, in the aforesaid place in which, The said William demands Judgement and his damages, for the occasion of the taking, and unjustly detaining of the same  to be adjudged to him, etc. And the aforesaid John Smith, as at first saith, That the aforesaid 4. Acres of Pasture with their appurtenances in which, &c the time aforesaid, in which, etc. were the Soil & Freehold of the said J. Kent the Son, as he before hath alleged, And of this, puts himself upon the Country, and the said William Baldwin likewise, And therefore it is commanded to the Sheriff, that he cause to come here from the day of Holy Trinity, in 3. Weeks 12. etc. by whom, etc. and who neither, etc. to Recognize, etc. Because as well, etc. And afterwards the Process was continued between the aforesaid parties of the aforesaid Plea by juries put between them in respite, here until this day, that is to say, from Easter-day, in three Weeks, in the year of the Reign of the said Lady the Queen that now is the 37th. And now here at this day, cometh as well the aforesaid William, as the aforesaid John Smith, by their Attorney's aforesaid, and the Jurors thereof impanelled being called likewise come, who to say the truth of the premises, chosen, tried, and sworn, say upon their Oath, That one Francis Archer, was seized of the said 4. Acres of Pasture with their appurtenances, in which, etc. in his demesn as of Fee, and held the same of one Thomas Wilson, as his Manor of— in the County aforesaid in Free Socage, and that the said Francis Archer had issue, one Robert Archer, which Robert, had then issue the aforesaid John Archer the Son, and his Right and next Heir apparent; Which aforesaid Francis Archer, so of the aforesaid 4. acres of Pasture with the appurtenances being seized, before the time in which, etc. that is to say, the 25th. day of November, in the year of our Lord, 1578. made his last Will and Testament in Writing, and by the same his last Will, Willed and Bequeathed the Tenements aforesaid with the appurtenances, amongst other things as followeth. Item, I give and bequeath to Robert Archer my Son, All that my Message or Tenement with the appurtenances (called the Greyhound) with all and singular the Lands and Grounds, which, and whatsoever I had purchased and bought, of one John Palmer, as they are set, lying and being in Bocking aforesaid, To have, and to hold, the said Message or Tenement, and other the premises, late purchased and bought of the said John Palmer, as is aforesaid, to the said Robert Archer my Son, from and after the day of my death, forthwards during his natural life, and after the death of Robert Archer my Son, I will, my said Message or Tenement (called the Greyhound) together with all the Lands and Grounds which I lately purchased of the said John Palmer, shall wholly remain to the Right and next Heir, of the same Robert Archer, and to the Heirs of his Body lawfully begotten for ever. And afterwards, the aforesaid Francis Archer, died of the aforesaid 4. acres of Pasture with the appurtenances, amongst other in form aforesaid seized. And the said jurors further say upon their Oath, That the aforesaid Francis Archer, purchased the aforesaid 4. acres of Pasture with their appurtenances of the aforesaid John Palmer, in the aforesaid last Will of the aforesaid Francis named; And the jurors further say upon their Oath, That after the death of the said Francis Archer, the aforesaid Robert Archer, being Son and Heir apparent of the aforesaid Francis, into the aforesaid 4. acres of Pasture with their appurtenances, entered and was thereof seized of such estate, as the Law in this case requireth; And the said Robert so thereof being seized, before the aforesaid time in which, etc. that is to say, the 21th. day of January, in the year of the Reign of the said Lady the Queen that now is the 26th. by his deed of Feoffment, with the Seal of the said Robert sealed, and to the jurors aforesaid in Evidence showed, Enfeoffed one John Kent, Father of the said John Kent, in the Conusance aforesaid above named, of the aforesaid 4. acres of Pasture with their appurtenances, in which, etc. amongst other, By the name of all that his Message or Tenement, and all Houses, Buildings, Barns, Orchards, Gardens, with the appurtenances, sometimes called or known by the name of the Greyhound, or otherwise, or by what other name or names the same were called or known, situate, lying and being in Bocking aforesaid, in a street there called Bocking haud, and of all those Lands, Meadows, and Pastures, to the same belonging or appertaining, or with the same at any time then before demised, used, or occupied, lying, and being at Bocking aforesaid, To have and to hold to the aforesaid john Kent the Father, his Heirs and Assigns for ever, to the proper use and behoof of the said John, his Heirs and Assigns for ever. And further the said Robert Archer, and his Heirs, by the deed aforesaid, all and singular the aforesaid Messages, or Tenements, Houses, Buildings, Meadows, Pastures, and other the premises aforesaid with the appurtenances, to the aforesaid John Kent the Father, his Heirs and Assigns, to the use in the said deed mentioned, against all men did warrant, as by the said Charter of Feoffment, to the Jurors aforesaid given in Evidence it more fully appeareth. By virtue of which Feoffment, the aforesaid John Kent the Father, was seized of the aforesaid 4. Acres of Pasture with their appurtenances, in which, etc. in his demesn as of Fee, And further, the Jurors afore say upon their Oath, That after the Feoffment aforesaid, in form aforesaid made, The aforesaid John Archer, Son, and right and next Heir apparent of the aforesaid Robert Archer, in the lives of the aforesaid Robert Archer, and John Kent the Father, into the aforesaid 4. Acres of Pasture with the appurtenances, in which, etc. Upon the possession of the aforesaid John Kent the Father, thereof entered, upon whose possession of the said John Archer thereof, the said John Kent the Father afterwards reentered, and was of the aforesaid 4. Acres of Pasture with their appurtenances, in which, etc. seized as the Law in this case requireth, and the said John Kent the Father, so thereof being seized, before the aforesaid time in which, that is to say, the 16th. day of May, in the year of the Reign of the Lady the Queen that now is the 27th. made his Testament and last Will in Writing, and by the same his last Will, gave and bequeathed to the aforesaid John his second Son, and his Heirs, the aforesaid 4. Acres of Pasture with the appurtenances, in which, etc. amongst other, and afterwards and before the time in which, etc. the aforesaid John Kent the Father, of such estate of the aforesaid 4. Acres of Pasture with the appurtenances, in which, etc. died seized, After whose death, The aforesaid John Kent the Son, into the aforesaid 4. Acres of Pasture with their Appurtenances, entered and was thereof seized, of such estate as the Law in this case requireth: And afterwards, and before the aforesaid time in which, etc. The aforesaid Robert Archer died, After whose death, The aforesaid John Archer Son, and right and next Heir of the aforesaid Robert Archer, into the aforesaid 4. Acres of Pasture with the appurtenances, in which, etc. upon the possession of the said John Kent the Son, thereof entered, and was thereof seized, as the Law in this case requireth. And the said John Archer, so thereof being seized, the aforesaid 8th. day of November, in the 36th. year aforesaid, gave licence to the said William Baldwin, to put his  aforesaid, into the aforesaid place in which, etc. the grass in the same then growing to eat; By virtue of which licence, the said William afterwards, that is to say, the aforesaid 9th. day of January, in 36th. year abovesaid, put his  aforesaid, into the aforesaid place in which, etc. to eat the grass then and there growing, which  were in the same place in which, etc. the grass in the same then eating, until the aforesaid John Smith, as Bailiff of the aforesaid John Kent the Son, the aforesaid 9th. day of January, in the 36th. year abovesaid, in the aforesaid place called the Meadow, to the use of the said John the Son entered, and took the aforesaid  of the aforesaid William, and them detained against Gauges and Pledges, Until, etc. as the aforesaid William Baldwin above against the aforesaid John Smith complaineth: And if upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, it shall seem to the Justices and Court here, That the aforesaid 4. Acres of Pasture with their appurtenances, in which, etc. the aforesaid time in which, etc. were not the Soil & Freehold of the aforesaid John Kent the Son, Then the said Jurors say upon their Oath, That the aforesaid 4. Acres of Pasture with the appurtenances, in which, etc. the aforesaid time in which, etc. were not the Soil and Freehold of the aforesaid John Kent the Son, as the aforesaid William Baldwin above hath alleged: And then they assess the damages of the said William Baldwin, by occasion of the taking and unjust detaining of the aforesaid , above his costs and charges by him about his suit in this behalf expended to 14. pence, and for his costs and charges to 2. pence. And if upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, it shall seem to the Justices and Court here, That the aforesaid 4. Acres of Pasture with the Appurtenances, in which, etc. the aforesaid time in which, etc. were the Soil and Freehold of the aforesaid John Kent the Son, as the said John Smith above allegeth, Then they assess the damages of him the said John Smith, by the occasion aforesaid, above his costs and charges by him about his suit in this behalf expended, to 12. pence, and for his costs and charges to 2. pence, And because the Justices here will avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties here in the Morrow of the Holy Trinity, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day, here cometh as well the aforesaid William, as the aforesaid John by their Attorney's aforesaid; And because the justices here will further avise themselves of and upon the premises, before they give their judgement thereof, day farther is given to the parties here until in 8. days of St. Michael, to hear their judgement of them, because the same justices here thereof not yet, etc. At which day, here cometh aswel the aforesaid William, as the aforesaid John, by their Attorney's aforesaid; And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof, day is given to the parties here in 8. days of Saint Hillary, to hear their judgement thereof, because the same justices here thereof not yet, etc. At which day cometh aswel the aforesaid William, as the aforesaid John by their Attorney's aforesaid; And because the justices here will further avise themselves of and upon the premises, day further is given to the parties aforesaid here until from Easter-day, in 15. days, to hear their judgement thereof, because the same justices here thereof not yet, etc. At which day, cometh aswel the aforesaid William, as the aforesaid John by their Attorney's aforesaid; And because the justices here, will further avise themselves of and upon the premises, before they give their judgement thereof, day further is given to the parties aforesaid here until the Morrow of the Holy Trinity, to hear their judgement thereof, because the same justices here thereof not yet, etc. At which day, here cometh aswel the aforesaid William, as the aforesaid John, by their Attorney's aforesaid; And upon this, The premises being seen, and by the justices here fully understood, It is granted that the said William, take nothing by his Writ aforesaid, but be in mercy for his false clamour, and the aforesaid John thereof go without day, etc. And that he have return of his  aforesaid, to hold for ever irreplegiable, etc. & how, etc. And that the Sheriff make it appear here in 8. days of Saint Michael, etc. It is also granted, That the aforesaid John, recover against the said William, his damages to 14. pence, by the jurors aforesaid, in form aforesaid assessed, as also 18. pound, 8. shillings, and 10. pence, to him the said John at his request, for his costs and charges aforesaid, by the Court here of Increase adjudged, which damages amount in the whole to 19 pound, etc.   

Replevin.  
Trinity Term, Anno 380. Eliz. Rot. 183. in the Common-Pleas, C. 1. part, Bredons' Case. Fo. 67. 
Suss.   
WIlliam Bredon, and John Bredon, were summoned to answer to Agnes Gardiner Widow, of a Plea, Wherefore they took the  of the said Agnes, and them unjustly detained against Gauges and Pledges, etc. And whereupon the said Agnes, by Thomas Waller her Attorney complaineth, That the aforesaid William and John, the 18th. day of May, in the year of the Reign of the Lady the Queen that now is the 37th. at Stow-market, in a certain Place called the Parkwood, parcel of the Manor of Columbine hall, took , that is to say, 15. Cow's Milch, and 5. Calves of the said Agnes, and them unjustly detained against Gauges and Pledges, until, etc. Whereupon she saith, that she is the worse, and hath damage to the value of 10. pound, And thereof bringeth suit, etc. And the said William, and John, by Richard Walker their Attorney, come & defend the force and injury when, etc. And as Bailiffs of Martha Cary Widow, do acknowledge the taking of the  aforesaid, in the place in which, etc. And justly, etc. Because they say, That the same place in which it is supposed the taking above to have been made, doth contain, and at the time of the taking of the  aforesaid, did contain in itself 8. Ac●es of Lands with the appurtenances, in Stow-market aforesaid, and that long before the aforesaid time in which, etc. One John Gardiner Gent. was seized of and in the Manor of Collumbine hall, otherwise Thorney Collumbers, with the appurtenances in the County aforesaid, whereof the aforesaid 8. Acres of Land with the appurtenances, in which, etc. are, and the aforesaid time in which, etc. And also from the time whereof the Memory of Man is not to the contrary were parcel, in his demesn as of Fee, and he being thereof so seized, A Fine was levied in the Court of the Lady the Queen that now is of the Bench here, that is to say, at Westminster, in 8. days of Saint Michael, in the year of the said Lady the Queen that now is the 29th. before Edmond Anderson, Francis Windham, William Periam, and Francis Rhodes, than Justices of the said Lady the Queen of the Bench here, and other the said Queens faithful people here then present, Between Edmond Cary Knight, and Robert Cary Esquire, Plaintiffs, and William Cary Esquire, the aforesaid John Gardiner, and the said Agnes now Plaintiff, than the Wife of the said John, and George Totty Gentleman, and Elizabeth his Wife, by the names of William Cary Esquire, john Gardiner Gentleman, and Agnes his Wife, George Totty Gentleman, and Elizabeth his Wife Deforceants, of the Manor aforesaid with the appurtenances, whereof, etc. And of 10. Messages, 10. Cortages, 10 Barns, one Dove-house, 20. Cartilages, 20. Gardens, 10. Orchards, 300. Acres of Land, 60. Acres of Meadow, 200. Acres of Pasture, 30. Acres of Wood, 60. Acres of Furz and Heath, the Rent of 1. pound of Wax, and 4. Capons, 30. shillings of Rent, with the appurtenances, in Stow▪ market, Newton, Gipping, and One House; As also of the view of Frank Pledge, in Stow-market, Newton, Gipping, and One House, By the names of the Manors of Collumbine hall, otherwise Thorney Collum●bers with the appurtenances, and of 10. Messages, 10. Cottages, 10. Barns, one Dove house, 20. Curtilages, 20. Gardens, 10. Orchards, 300. Acres of Land, 60. Acres of Meadow, 200. Acres of Pasture, 30. Acres of Wood, 60. Acres of Furz and Heath, 30. shillings of Rent, & of the Rent of 1. pound of Wax, and 4. Capons with the appurtenances, in Stow-market, Newton, Gipping, and One House, as also of the view of Frank Pledge, and whatsoever to view of Frank Pledge doth appertain in Stow-market, Newton, Gipping, and One House, whereof a Plea of Covenant was summoned between them in the said Court, that is to say, That the aforesaid William, John, Agnes, George, and Elizabeth, acknowledge the aforesaid Manor, Tenements, Rents, and view of Frank Pledge with their appurtenances, to be the right of him said Edmond, as those which the said Edmond and Robert, had of the gift of the aforesaid William, John, Agnes, George, and Elizabeth, and them released and quit claim from them the said William, john, Agnes, George, and Elizabeth, and their Heirs to the aforesaid Edmond, and Robert, and to the Heirs of the said Robert for ever. And besides the said William granted, for him and his Heirs, That they would warrant to the aforesaid Edmond and Robert, and to the Heirs of the said Edmond, the aforesaid Manor, Tenements, Rents and view of Frank Pledge, against him the said William, and his Heirs forever. And further, the said John and Agnes, granted for them and the Heirs of him the said john, that they would warrant, to the aforesaid Edmond and Robert, and to the Heirs of the said Edmond, the Manor, Tenements, Rents and view of Frank Pledge with the appurtenances, against him the said John & Agnes, and the Heirs of the said John for ever. And moreover, the said George and Elizabeth, granted for them, and the Heirs of him the said George, that they would warrant to the aforesaid Edmond and Robert, and to the Heirs of the said Edmond, The Manor, Tenements, Rents and view of Frank Pledge with the appurtenances, against them the same George and Elizabeth, and the Heirs of the said George forever. Which Fine of the Manor, Tenements, Rents and view of Frank Pledge aforesaid with the appurtenances, in form aforesaid levied, was had and levied, To the use of them the said John Gardiner, and Agnes then his Wi●e, for the Term of their lives, and of the longest liver of them, without impeachment of waste, in any the Woods and Underwoods', And a●ter the decease of the same John Gardiner and Agnes, To the use of the aforesaid William Cary, & the Heirs of his Body lawfully begotten; And for default of such issue, To the use of the aforesaid ●ob. Cary then Esq. and now Knight, and the Heirs of his Body lawfully begotten; And for default of such issue, To the use of Henry Cary Knight, Lord of Hunsdon, and his Heirs for ever. By virtue of which Fine, And by ●orce of a certain Act of Parliament of the Lord Henry late King of England the 8th. At Westminster in the County of Middlesex, the 4th. day of February, in the year of his Reign the 27th. of transferring of uses into possession, The said John Gardiner and Agnes, were seized of the Manor aforesaid with the appurtenances, whereof, etc. in their demesn as of Freehold, for the Term of the lives of them the said John and Agnes, and the longer liver of them, without impeachment of waste, the aforesaid remainder thereof, after the death of them the said John and Agnes, to the aforesaid William Cary, and the Heirs of his Body lawfully begotten, the Remainder thereof for default of such issue, To the aforesaid Robert Cary, and the Heirs of his Body lawfully begotten; And for default of such issue, the Remainder thereof to the aforesaid Henry Cary Knight, Lord of Hunsdon, and his Heirs for ever. And the aforesaid John Gardiner, and Agnes his Wife, so thereof being seized, Another Fine was levied in the said Court of the said Lady the Queen that now is of the Bench here, At Westminster aforesaid, from the day of Easter, 15. days, in the year of the Reign of the said Lady the Queen that now is the 32th. before Edmond Anderson, Francis Windham, William Periam, and Thom. Walm●sley, than Justices of the said Lady the Queen of the Bench here, and other the said Lady the Queen's faithful people then there present. Between John Higham Knight, and Thomas Turner Esquire, By the names of John Higham Knight, and Thomas Turner Esquire Plaintiffs, and the aforesaid William Cary and the aforesaid Martha then his Wife, and the aforesaid John Gardiner, and the aforesaid Agnes then his Wife Deforceants, of the aforesaid Manor of Collumbine-hall, otherwise Thorney Collumbers, with the appurtenances, whereof, etc. By the name of the Manor of Collumbine-hall, otherwise Thorney Collumbers with the appurtenances, in Stow-market, Newton, Gipping, and One House, whereof a Plea of Covenant was sued between them in the said Court, that is to say, That the aforesaid William Cary and Martha, John Gardiner and Agnes, acknowledged the aforesaid Manor with the appurtenances, whereof, etc. To be the Right of the said John Higham, as that which the said John Higham, and Thomas, and of the gift of the aforesaid William Cary and Martha, john Gardiner and Agnes, and the same released and quit claimed for them, the said William Cary and Martha, john Gardner and Agnes, and their Heirs, to the aforesaid John Higham, and Thomas, and the Heirs of the said John Higham for ever. And further, the said William Cary and Martha, and john Gardner and Agnes, granted for them, and the Heirs of the said William Cary, that they would warrant to the aforesaid John Higham, and Thomas, and to the Heirs of the said john Higham, the aforesaid Manor with the appurtenances, against all Men for ever. And for the same Acknowledgement, Release, Quit claim, Fine and Concord, The said john Higham, and Thomas, granted to the aforesaid Martha, a certain Annuity or yearly Rent of 40. pound, of lawful Money of England, to be issuing out of the aforesaid Manor with the appurtenances, and that to her rendered in the same Court of the said Lady the Queen: To have and perceive the aforesaid Annuity or yearly Rent of 40. pound, to the said Martha at the Feast of Saint Michael the Archangel, and the Annunciation of the blessed Mary the Virgin, by equal portions yearly to be paid, all the life time of the said Martha, if the aforesaid john Gardner and Agnes, or any of them so long should live, the first payment thereof to begin at that Feast of the Feasts aforesaid, which next after the decease of the aforesaid William Cary should happen: And if it should happen the aforesaid Annuity or yearly Rent of 40. pound to be behind in part, or in all, after any of the Feasts of the Feasts aforesaid, in which as before, it ought to be paid, and not paid, That then it should be lawful to the said Martha, all her life, if the said john Gardiner and Agnes, or either of them should so long live, into the aforesaid Manor with the appurtenances, to enter and distrein, and the distresses so there taken and had lawfully to lead away, carry and drive, and with them to keep, until of the aforesaid Annuity or yearly Rent of 40. pound, with the Arrearages thereof (if any were,) they should be satisfied and paid, as by the Record of the said Fine in the Court of the said Lady the Queen of the Bench aforesaid, here remaining amongst other things more fully appeareth. And the aforesaid William Carry afterwards, that is to say, the 4th. day of March, in the year of the Reign of the Lady the Queen that now is the 35th. at Stow market aforesaid died, After whose death, By virtue of the Fine a-aforesaid last recited, The aforesaid Martha was, and yet is seized of the aforesaid Annuity, or yearly Rent of 40. pound, in he● demesn as of Freehold, for the Term of her life, if the said john Gardiner, and Agnes his Wife, or either of them should so long live; And because 40. pound of the aforesaid yearly Rent, to the said Martha at and after the Feast of Saint Michael the Archangel, in the year of the Reign of the Lady the Queen that now is the 35th. as also the aforesaid time in which, etc. were behind, not paid, The said William Br●don, and john Bredon, as Bailiffs of the said Martha, acknowledged the taking of the  aforesaid, in the aforesaid place in which, etc. And justly, etc. for the said 40. pound, of the Annual Rent aforesaid, to the said Martha so being behind, as in the Lands, to the distress of the said Martha of the Rent aforesaid, in form aforesaid charged and bound, etc. With this, that the said john Bredon, and William will aver, That the aforesaid Martha is yet living, and is in full life, that is to say, at Littlewrating, in the aforesaid County of Suffolk, etc. with this also, That the said William Bredon, and John Bredon will aver, That the aforesaid Agnes now Plaintiff, and the aforesaid Agnes one of the Deforceants, in the aforesaid several Fines named, are one and the same person, and not others or divers, etc. And the aforesaid Agnes, as to 20. pound of the yearly Rent aforesaid, at the Feast of the Annunciation of the blessed Mary the Virgin, in the 35th. year abovesaid payable, saith, That she cannot deny, but that the said 20. pound, at the said Feast were behind to the aforesaid Martha not paid, as the aforesaid William Bredon, and John, by their Conusance aforesaid supposed. And as to the aforesaid other 20. pound, of the aforesaid 40. pound Residue, which the aforesaid William and John, by this Conusance aforesaid suppose to have been behind, not paid to the aforesaid Martha, at the aforesaid Feast of Saint Michael, in the 35th. year abovesaid, It is said, That the aforesaid William Bredon, and John Bredon, by reason of the aforesaid taking of the  aforesaid, in the aforesaid place in which, etc. For the same 20. pound ought not acknowledge it to be just, for it is said, That well and true it is, That the said John Gardiner was seized of the Manor aforesaid with the Appurtenances, whereof, etc. in his demesn as of Fee, And the said John so thereof being seized, The said Fine in the Conusance of the said William Bredon, and John Bredon above first mentioned, was levied in the aforesaid Court of the Queen here in the aforesaid 8. days of Saint Michael, in the year of the Reign of the Lady the Queen that now is the 29th. above written, before the aforesaid than Justices, and other the Lady the Queen's faithful people then there present. Between the aforesaid Edmond Cary Knight, and Robert Cary Esquire Plaintiffs, And the aforesaid William Cary Esquire, and John Gardiner, and the said Agnes now Plaintiff, than Wife of the aforesaid John Gardiner, And the aforesaid George Totty, and Elizabeth his Wife Deforceants, of the Manor aforesaid with the Appurtenances, whereof, etc. And of the aforesaid Tenements and Appurtenances in the Conusance aforesaid above mentioned, and that the said Fine in form aforesaid levied, was had and levied to the use of the aforesaid John Gardiner, and of her the said Agnes, for the Term of their lives, and the longer liver o● them; And after the decease of the aforesaid John and Agnes, To the use of the aforesaid William Cary, and the Heirs his body lawfully begotten; And for default of such issue, To the use of the aforesaid Robert Cary Knight, and the Heirs of his Body lawfully begotten; And for default of such issue, To the use of the aforesaid Henry Cary Knight, Lord of Hunsdon, and his Heirs for ever. By virtue of which Fine, and by force of the aforesaid Act of transferring uses into possession, holden, made, The aforesaid John and the said Agnes, were seized of the Manor aforesaid with the Appurtenances, whereof, etc. in demesn as of Freehold, for the Term of the lives of them the said John and Agnes, and the longer liver of them, the Remainder thereof after the death of them the said John and Agnes, to the aforesaid William Cary, and the Heirs of his Body lawfully begotten, the Remainder thereof for default of such issue, to the aforesaid Robert Cary, and the Heirs of his Body lawfully begotten, the Remainder thereof for default of such issue, to the aforesaid Henry Cary Knight, Lord of Hunsdon, and his Heirs for ever, as the aforesaid William Bredon, and John Bredon, by his Conusance aforesaid above supposeth: But the said Agnes further saith, That the aforesaid john Gardiner and Agnes. so of the Manor aforesaid with the Appurtenances, whereof, etc. for the Term of the lives of them the said john and Agnes, and the longer liver of them, in form aforesaid being seized, the Remander thereof after the death of the aforesaid john and Agnes, to the aforesaid William Cary, and the Heirs of his Body lawfully begotten, the Remainder thereof for default of such issue, to the aforesaid Robert Cary, and the Heirs of his Body lawfully begotten, the Remainder thereof for default of such issue, to the aforesaid Henry ●ary Knight, Lord of Hunsdon, and his Heirs expectant, before the levying of the aforesaid second Fine in the Conusance of the said William Bredon, and John Bredon, above mentioned. Another Fine was levied in the same Court of the said Lady the Queen that now is of the Bench here, that is to say, at Westminster aforesaid, from the day of Easter in 15. days, in the year of the Reign of the said Lady the Queen that now is the 31th before the aforesaid Edmond Anderson, Francis Windham, and William Periam, than Justices of the Lady the Queen of the Bench here, and other of the Queen's faithful people, then and there present, Between David Bulward, and Robert Ham, by the names of David Bulward, and Robert Ham Plaintiffs, And the aforesaid William Cary, by the name of William Cary Esquire Deforceants, of the Manor aforesaid with the Appurtenances, whereof, etc. And of 20. Messages, one Dove-house, 20. Gardens, 300. Acres of Land, 100 Acres of Meadow, 200. Acres of Pasture, 30. Acres of Wood, and 1. pound▪ 6. shillings, 4. pence Rend, and of the Rent of 4. Capons, and 1. pound of Wax with the Appurtenances, in Stow-market, Newton, Gipping, and One House, by the name of the Manor of Collumbine-hall, otherwise Thorney Collumbers, with the Appurtenances, and 20. Messages, one Dove-house, 20. Gardens, 300. Acres of Land, 100 Acres of Meadow, 200. Acres of Pasture, 30. Acres of Wood, and 1. pound, 6. shillings, 4. pence Rend, and the Rent of 4. Capons, and 1. pound of Wax, with the Appurtenances in Stow-market, Newton, Gipping, and One House, whereof a Plea of Covenant was sued between them in the said Court, That is to say, That the aforesaid William acknowledge the aforesaid Manor, Tenements, Rents and premises with the Appurtenances, to be the Right of the said David, as those which the said David and Robert had of the gift of the aforesaid William, and those released and quit claimed, from him and his Heirs, to the said David and his Heirs for ever. And besides, the said William granted for him and his Heirs, That they warrant to the said David and Robert, and to the Heirs of the said Dazid, the aforesaid Manor, Tenements, Rents with the Appurtenances, against the aforesaid William, and his Heirs for ever, as by the Record of the same Fine, in the Court of the said Lady the Queen of the Bench, here remaing more fully appeareth. Which Fine, in form aforesaid levied and had, was levied and had, to the use of the aforesaid David and Robert, and their Heirs, to the intent, and until a perfect Recovery, by Writ of the Lady the Queen of Entry for Deseisin of the Post, of the Manor and Tenements aforesaid with the Appurtenances, were sued against the said David and Robert, by one Robert Peirson Gentleman, according to the course of Common Recoveries used to be had. And the aforesaid john Gardiner, and Agnes his Wife, of the Manor aforesaid with the Appurtenances, whereof for the Term of the lives of them the said John Gardiner and Agnes, and the longer liver of them, so as before is said, being seized the Remainder thereof to the aforesaid David, and Robert Ham, and their Heirs in form aforesaid expectant. The said Fine in the Conusance of the said William Bredon, and John Bredon, above second mentioned in form aforesaid, was levied in the aforesaid Court of the Lady the Queen, here from the day of Easter in 15. day, in the year 32th. abovesaid, before the aforesaid than Justices of the said Lady the Queen of the Bench, Between the aforesaid John H●gham Knight, and Thomas Turner Esquire Plaintiffs, and the aforesaid ●illiam Cary, and the aforesaid Martha then his Wife Deforceant, of the Manor aforesaid with the Appurtenance, whereof, etc. And the aforesaid John Higham, and Thomas, by the same Fine granted unto the said Martha, the aforesaid Annuitity or yearly Rent of 40. p. to be issuing out of the Manor aforesaid with the Appurtenances, and those to her in form aforesaid rendered, To have and perceive the aforesaid Annuity or yearly Rent of 40. pound, at the aforesaid Feasts of Saint Michael the Archangel, and the Annunciation of the blessed Mary the Virgin, by equal portions yearly to be paid all the life time of the said Martha, if the aforesaid John and Agnes, or any of them should so long live, the first payment thereof ●o begin at tha● Feast of the Feasts aforesaid, which next after the decase of the said William Cary should happen to be, with the aforesaid clause of distress in the said Fine mentioned, As the aforesaid William B●edon, and John Bredon, by their Conusance aforesaid above suppose. By virtue of the levying of which Fine last mentioned, so had and levied, The aforesaid John Gardiner and Agnes, Forfeited their Estate aforesaid, for the Term of their lives, the life of the longer liver of them, in the aforesaid Manor with the Appurtenances, whereof, etc. And afterwards, that is to say, the aforesaid 24th. day of March, in in the 35th. year abovesaid, the aforesaid William Cary, at Stow-market aforesaid died, without issue of his Body lawfully begotten, After whose death, and before the Feast of Saint Michael the Archangel, in the year of 35th. abovesaid, The aforesaid Robert Cary Knight, by reason of the aforesaid Forfeiture of the Estates of the aforesaid John Gardiner and Agnes, and and in the Manor aforesaid with the Appurtenances, whereof, etc. entered and was thereof seized in Feetail, that is to say, to him & the Heirs of his Body lawfully begotten; And so thereof being seized, The said Robert afterwards, and before the aforesaid time of the taking aforesaid made, that is to say, the 17th. day of March, in the year of the Reign of the Lady the Queen that now is the 37th. abovesaid, At Stowmarket aforesaid, gave licence to the said Agnes, to put her  into the aforesaid place in which, etc. to eat the grass in the same then growing. By virtue of which licence, the said Agnes after, and before the aforesaid time in which, etc. put her  aforesaid, into the aforesaid place in which, etc. to eat the grass in the same, Which  were in the aforesaid place in which, etc. Until the aforesaid William Bredon, and John Bredon, the day and year above in the Declaration aforesaid above specified, At Stow market aforesaid, in the aforesaid place in which, called the markwood, took the aforesaid  of the said Agnes, and them unjustly detained against Gauges & Pledges, until, etc. as she above against them complaineth. And this she is ready to aver, wherofore in as much as the said William Bredon, and John Bredon, the taking of the  aforesaid, in the aforesaid place in which, etc. above acknowledgeth, The said Agnes demands Judgement and her damages for the occasion of taking and unjustly detaining of her  aforesaid, to be adjudged unto her. And the aforesaid William Bredon, and John Bredon, as to the aforesaid Plea of the Agnes, to the Conusance of the said William and John, for the aforesaid 20. pound, Residue made in Bar pleaded, say, That well and true it is, that the aforesaid Fine in the Bar of the aforesaid Agnes, second specified, in the aforesaid Court of the Lady the Queen of the Bench aforesaid, here in the aforesaid 15. day of Paster, in the year of the Reign of the Lady the Queen that now is the 3●th. abovesaid, before the said Edmond Anderson, Francis Windham, and William Periam, than Justices of the said Lady the Queen of the Bench aforesaid, here, and other of the said Lady the Queens then Faithful People then here present, Between the aforesaid David Bulward, and Robert Ham Plaintiffs, and the aforesaid William Carry Deforceant, of the Manor aforesaid with the Appurtenances, whereof, etc. And of the aforesaid Tenements and Rents with the Appurtenances, in the said Fine in the Bar of the aforesaid Agnes, second specified and mentioned, in form aforesaid was levied, as the aforesaid above hath alleged: But the said William Bredon, and John Bredon, further say, That the aforesaid F●ne in the Bar of the aforesaid Agnes, second specified in form aforesaid levied, was had and levied, To the use of the said David Bulward, and Robert Ham, and their Heirs to the intent and until, a Recovery by the Writ of the Lady the Queen of Entire Sur-disseisin in the Post, of the Manor with the appurtenances whereof, etc. And of the Tenements and Rents aforesaid with the Appurtenances, against the said David and Robert should be had, and afterwards unto the use of john Gardiner, and the aforesaid Agnes, for the Term of their lives, and the longer liver of them, And after their decease, to the use and behoof of the aforesaid William Cary, and the Heirs of his Body lawfully begotten, By which, Afterwards, that is to say, the ●th. day of April, in the year of the Reign of the said Lady the Queen that now is the 31th. the aforesaid Roger Pierson, in the Court of the Chancery of the said Lady the Queen that now is, the said Court at Westminster, in the County of Middlesex then being, brought and prosecuted, a Writ of the said Lady the Queen that now is of Entry upon disseisin in the Post, against the aforesaid David, and Ro. Ham, of the Manor, Tenements, and Rents aforesaid with the Appurtenances, to the Sheriff of the aforesaid County of Suffolk directed, the said David and Robert, then being Tenants of the Freehold of the Manor, Tenements, and Rents aforesaid with the Appurtenances, by virtue of the Fine in the Bar of the aforesaid Agnes second specified: By which Writ, the said Lady the Queen that now is, sent to the said Sheriff, That the said Sheriff command the aforesaid David, and Robert Ham, by the names of David Bulward, and Robert Ham, that they justly, and without delay, render to the aforesaid Roger Peirson, by the name of Roger Pierson, The Manor, Tenements, and Rents aforesaid with the Appurtenances, by the names of the Manors of Cullumbine-hall, otherwise Thorney Cullumbers with the Appurtenances, and 20. Messages, one Dove-house, 20. Gardens, 300. Acres of ●and, 100 Acres of Meadow, 200. Acres of Pasture, 30. Acres of Wood, and 1. pound, 6. shillings, 4. pence Rend, and the Rent of 4. Capons, and one pound of Wax with the Appurtenances, in Stow▪ maket, Newton, Gipping, and Onehouse, which he claimeth to be his Right and Inheritance, And in which the said David and Robert, had not Entry, but after disseisin which Hugh Hunt thereof unjustly, and without judgement did to the aforesaid Roger within 30. years, than last passed as he said. And whereupon he complained, that the aforesaid David and Robert, him unjustly deforced, and if they did not, etc. And if the aforesaid Roger should secure the said Sheriff of the prosecuting of his claim, Then the said Sheriff, summon by good summoners, the aforesaid David and Robert, that they should be before the Justices of the said Lady the Queen here, that is to say, at Westm. from the day Easter, in one Month next following, to show wherefore they had not done it. And that the said Sheriff should then have here the summons, and that Writ, &c: At which Month of Easter here, that is to say, at Westminster aforesaid, cometh as well the said Roger, as the said David and Robert in their proper persons, And then the Sheriff of the aforesaid County of Suffolk, that is to say, Philip T●lney esquire, then returned here the Writ aforesaid, in him in form directed▪ served and executed in form following, That is to say, That the aforesaid Roger had found to the said Sheriff sureties for the prosecuting of his said Writ, that is to say, john Do, and Richard Roose, etc. And that the aforesaid David and Robert, were summoned to be then here by john Den, and Rich. Fen, etc. Upon which the aforesaid Roger declaring, against the aforesaid David and Robert, than Tenants of the Freehold, of the Manor, Tenements, and Rents aforesaid with the Appurtenances, in form aforesaid, upon his Writ aforesaid, in his proper person aforesaid, demanded against the said David and Robert, of the Manor, Tenements, and Rents aforesaid with the Appurtenances, as his Right and Inheritance; And in which the said David and Robert had not Entry but after disseisin, which Hugh Hunt thereof unjustly, and without Judgement did to the aforesaid Roger, within 30. years now last passed, etc. And whereupon he said, That he himself was seized of the Manor, Tenements, and Rents aforesaid with the Appurtenances, in his demesn as of Fee in time of Peace, in the time of the Lady the Queen that now is, taking thereof the Profits to the value, etc. And in which, etc. And thereof then brought Suit, etc. And the aforesaid David and Robert Ham, than defended their Right when, etc. And vouched thereof to warranty the said William Cary, by the name of William Cary Esquire, who then likewise was present in the same Court in his proper person. And willingly the Manor, Tenements, and Rents aforesaid with the Appurtenances, to him did warrant, etc. And upon this, the aforesaid Roger demanded against him the said William Cary Tenant by his warranty, The Manor, Tenements, and Rents aforesaid with the Appurtenances, in form aforesaid, etc. And whereupon, he then said, That he himself was seized of the Manor, Tenements, and Rents aforesaid with the Appurtenances, in his demesn as of Fee in time of Peace, in the time of the Lady the Queen that now is, taking the Profits thereof to the value, etc. And the aforesaid William Cary Tenant, by his warranty aforesaid, came and defended his Right when, etc. And further thereof vouched to warranty David Howel, who then likewise was present in the same Court in his proper person, and freely the Manor, Tenements, and Rents aforesaid, with the appurtenances to him did warrant, etc. And upon this, The aforesaid Roger, demanded against the said David Howell Tenant by his warranty, the Manor, Tenements, and Rents aforesaid, with the appurtenances in form aforesaid, etc. And whereupon, then he said, That he himself was seized of the Manor, Tenements, and Rents aforesaid, with the appurtenances in his demesn as of Fee and right in time of peace, in the time of the Lady the Queen that now is, taking the profits thereof to the value, etc. And in which, etc. And thereof his brought suit etc. And the aforesaid David Howell Tenant by his warranty, defended his Right when, etc. And then said, That the aforesaid Hugh, had not disseised the aforesaid Roger of the Manor, Tenements, and Rents aforesaid with the appurtenance, as the said Roger by his Writ, and Declaration above supposed; and of this put himself upon the Country, etc. And the aforesaid Roger then prayeth licence thereof to imparl, and had it, etc. And afterwards, the aforesaid Roger comes again here into Court the very same Term in his proper person; And the aforesaid David Howell, although he be then solemnly called, doth not come back, but in despite of the Court, departeth and maketh default; wherefore then it was granted in the said Court here; That the said Roger should recover his seisin against the aforesaid David Bulward, and Robert Ham, of the Manor, Tenements, and Rents aforesaid with the appurtenances; and that the said David Bulward, Robert Ham, should have of the Lands of the aforesaid William Carry to the value, etc. And that the said David Howell, should be thereof in mercy, etc. Upon which, the aforesaid Roger then in the same Court demanded the Writ of the Lady the Queen, to have to him full seisia and possession of the Manor, Tenements, and Rents aforesaid, to the Sheriff of the County aforesaid to be directed, and to him it was granted retorunable here in the morrow of the Holy Trinity than next following, At which day here cometh the aforesaid Roger in his proper person, and the than Sheriff of the County of Suffolk, The aforesaid Philip Tilney Esquire then sent here, That he by virtue of the Writ aforesaid to him directed, the 16th day of May then last passed, gave to the aforesaid Roger seisin of the Manor, Tenements, and Rents aforesaid with the appurtenances, as by the said Writ to him it was Commanded, etc. Which Fine in the Bar of the aforesaid Agnes above specified in form aforesaid levied, and the Recovery aforesaid, in form aforesaid had, were levied and had, To the use of the aforesaid john Gardiner and Agnes for the Term of their lives, and the longer liver of them; and after the decease of them, the said john Gardiner and Agnes, to the use of the said William Cary, and the Heirs of his body lawfully begotten, By virtue of which Fine and Recovery in form aforesaid had, and by force of the aforesaid Act of transferring of uses in possession, The aforesaid john Gardiner and Agnes, were seized of the Manor aforesaid with the appurtenances whereof, etc. in their demesn as of Freehold, for the term of the lives of the said john and Agnes, and the longer liver of them, the remainder thereof, after the death of the aforesaid john and Agnes, to the aforesaid William Cary, and the Heirs of his body lawfully begotten expectant; and the said john Gardiner and Agnes so thereof being seized, the Remainder thereof to the aforesaid William Cary, in form aforesaid expectant, The aforesaid Fine in the Conusans of the said William Bredon, and john Bredon, above specified in form aforesaid, was levied in the aforesaid Court of the said Lady the Queen here, from the aforesaid day of Easter in 15. days, in the 32th year aforesaid, before the aforesaid than Justices of the Lady the Queen of the Bench aforesaid here, Between the aforesaid Io. Higham, and Thomas Turner Plaintiffs, and the aforesaid William Cary and Martha, and the aforesaid john Gardiner and Agnes deforceants of the Manor aforesaid with the appurtenances whereof, etc. And the aforesaid john Higham, and Thomas, by the same Fine granted to the said Martha, the aforesaid annuity, or yearly Rent of 40. pound, to be issuing of him the aforesaid Manor with the Appurtenances, whereof, etc. And the same to her in the said Court here in form aforesaid Rendered, To have, and to hold the same Annuity or yearly Rent of 40. pound, to the aforesaid Martha, at the aforesaid Feast of Saint Michael the Archangel, and the Annunciation of the blessed Mary the Virgin, by even portions yearly to be paid, all the life time of the said Martha, if the aforesaid John Cardiner, and Agnes, the first payment thereof to Martha, if the aforesaid J. Gardiner, & Agnes, or either of them should so long live, the first payment thereof to begin, at the Feast of the Feasts aforesaid, next after the decease of the aforesaid Wil Cary, should first happen to be, with the aforesaid clause of distress in the Fine mentioned; And the aforesaid Wil Cary afterwards, that is to say, the 24th. day of March, in the year 35th. aforesaid, at Stow-market aforesaid died, After whose death, by virtue of the Fine aforesaid, The aforesaid Martha was and as yet is seized of the aforesaid Annuity or yearly Rent of 40 p. in her demesn as of Freehold for Term of her life, if the aforesaid john Gardiner, and Agnes, or either of them shall so long live. And this they are ready to aver, Wherefore they demand Judgement, and return of their  aforesaid, together with their damages to be to them adjudged, etc. And the aforesaid Agnes, as at first saith, That the aforesaid john Gardiner was seized of the Manor aforesaid with the Appurtenances, whereof, etc. in his demesn as of Fee, and he the said john so thereof being seized, the Fine aforesaid in the Conusance, of the aforesaid William Bredon, and john Bredon, first above mentioned, was levied in the aforesaid Court of the Queen here, in the aforesaid 8. days of Saint Michael, in the year of the said Lady the Queen that now is the 29th. abovesaid, before the aforesaid than Justices, and others the said Lady the Queen's faithful people then there present, Between the aforesaid Edmond Cary Knight, and Robert Cary Esquire Plaintiffs, and the aforesaid William Cary Esquire, john Gardiner, and her the said Agnes now Plaintiff, than the Wife of the aforesaid john Gardiner, and the aforesaid George Totty, and Elizabeth his Wife Deforceants, of the Manor aforesaid with the Appurtenancs, whereof, etc. And of the aforesaid Tenements and Rents with the Appurtenances, in the aforesaid Fine in the Conusance aforesaid first mentioned, And that the said Fine, in form aforesaid levied, was had and levied, To the use of the aforesaid john Gardiner, anc her the said Agnes, for the Term of their lives, and the longer liver of them, and after the decease of the aforesaid john and Agnes, To the use of the aforesaid William Cary, and the Heirs of his Body lawfully begotten, and for default of such issue, to the use of Robert Cary Knight, and the Heirs of his Body lawfully begotten, and for default of such issue, to the use of the aforesaid Henry Cary Knight, Lord of Hunsdon, and his Heirs for ever. By virtue of which Fine, and by force of the aforesaid Statute of transferring uses into possession, holden and made, The aforesaid john and Agnes, were seized of the Manor aforesaid with the Appurtenances, whereof, etc. in their demesn as of Freehold, for the Term of the lives of them the said john and Agnes, and the longer liver of them, the Remainder thereof after the death of them the said john and Agnes, to the aforesaid William Cary, and the Heirs of his Body lawfully begotten, the Remainder thereof for default of such issue, to the aforesaid Robert Cary, and the Heirs of his Body lawfully begotten, the Remainder thereof for default of such issue, to the aforesaid Henry Cary Knight, Lord of Hunsdon, and his Heis for ever. And that the aforesaid John Gardiner, and Agnes, so of the Manor aforesaid with the Appurtenances, whereof, etc. for the Term of the said John and Agnes, and the longer liver of them▪ in form aforesaid being seized, the Remainder thereof after the death of them the said John and Agnes, to the aforesaid William Cary, and the Heirs o● his Body lawfully begotten, the Remainder thereof for default of such issue, to the aforesaid Robert Cary, and the Heirs of his Body lawfully begotten, the Remainder thereof for default of such issue, to the aforesaid Heny Cary Knight, Lord of Hunsdon, and his Heirs expectant. Before the levying of the aforesaid Fine in the Conusance of the aforesaid William Bredon, and John Bredon, above second mentioned, The aforesaid other Fine in the aforesaid Plea of her the said Agnes, above specified was levied, in the aforesaid Court of the Queen here, from the aforesaid day of Easter in 15. days, in the year of the Reign of the said Lady the Queen that now is the 31th. before the aforesaid than Justices, and other the faithful people of the Lady the Queen then there present, Between the aforesaid David▪ Bulward, and Robert Ham Plaintiffs, and the aforesaid William Carry Deforceant, of the Manor aforesaid with the Appurtenances, whereof, etc. And of the aforesaid 20. Messages, One Dove house, 20. Gardens, 300. Acres of Land, 100 Acres of Meadow, 200. Acres of Pasture, 30. Acres of Wood, 1. pound, 6. shillings, 4. pence Rend, and the Rent of 4. Capons, and 1. pound of Wax with the Appurtenances, in Stow-market, Newton, Gipping, and One house: Which Fine in form aforesaid levied and had, was had and levied to the use of the aforesaid David, and Robert Ham, and to their Heirs for ever, to the intent in the Plea of the aforesaid Agnes above mentioned, the aforesaid John Gardiner, and Agnes, of the Manor aforesaid with the Appurtenances, whereof, etc. for the Term of the lives of them the said John Gardiner, and Agnes, and the longer liver of them, so as before is said being seized, the Remainder thereof to the aforesaid David, and Robert Ham, and their Heirs expectant, the aforesaid Recovery in the aforesaid Plea of the aforesaid William Bredon, and John Bredon, above mentioned, in form aforesaid was had; And the aforesaid Agnes, further in Facto saith, That the aforesaid John Gardiner and Agnes, from the time of the levying of the Fine in the Conusance of the aforesaid William Bredon, and John Bredon, second mentioned in form aforesaid was levied. Without that, that the aforesaid David, and Robert Ham, the aforesaid day of bringing of the Writ of the Lady the Queen of Entry, Sur Disseisin in the Post, in the aforesaid Plea of the aforesaid William Bredon, and John Bredon above mentioned, or ever afterwards were ever Tenants of the Freehold, of the Manor, Tenements, and Rents with the Appurtenances, in the Recovery aforesaid above mentioned, as the aforesaid William Bredon, and John Bredon, above have alleged, And this she is ready to aver, Wherefore she demandeth Judgement and his Damages, by occasion of the taking, and unjust detaining of the  aforesaid, to her to be adjudged. And the aforesaid William Bredon, and John Bredon say, That the aforesaid Plea of the aforesaid Agnes, to the Conusance of them the said William and John, as to the aforesaid 20. pound, residue of the 40. pound, at the aforesaid Feast of Saint Michael the Archangel, in the year 35th. abovesaid, payable above by rejoinder pleaded, is insufficient in Law, to bar her the said Agnes, from having her Action aforesaid, of the taking of the  aforesaid, in the aforesaid place in which, against them the said William and John, or to bar the said William and John, from the taking of the  aforesaid, in the aforesaid place in which, etc. And that they to that Plea, in manner and form aforesaid pleaded need not, nor by the Law of the Land are bound to Answer, for that, that is to say, That the aforesaid Induction of the Plea of the said Agnes, to the Traverse aforesaid, in her Plea aforesaid to the Conusance of them the said William and john, above rejoining pleaded, is not sufficient in Law to induce that Traverse, And that the Traverse of the aforesaid Tenances of the David, and Robert Ham, the day of the bringing of the aforesaid Writ of Entry upon Disseisin in the Post, of the aforesaid Manor, Tenements, Rents with the Appurtenances, in the same Plea pleaded is not material in Law. And this they are ready to aver, wherefore for want of sufficient Plea, of the said Agnes in this behalf, the said William and John, as at first demand Judgement, and the return of the  aforesaid, together with damages, etc. to be to them adjudged. And the aforesaid Agnes, for as much as she hath alleged sufficient matter in Law, and the aforesaid William Bredon, and John Bredon, from their Conusance aforesaid, as to the aforesaid 20. pound, of the aforesaid 40. p. residue at the aforesaid Feast of Saint Michael the Archangel payable, to have to bar, and the said Agnes to have her Action aforesaid, against the said William and John, above hath alleged, which she is ready to aver, which matter the aforesaid William and John do not deny, nor to the same do any ways Answer, but the the same Averment utterly refuse to admit, as before, demandeth Judgement and her damages, by occasion of the taking, and unjustly detaining, of the  aforesaid, to her to be adjudged. And because the Justices here will avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the parties aforesaid, here until in 8. days from Saint Michael, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day, here cometh aswelthe aforesaid Agnes, as the aforesaid Wil Bredon, & J. Bredon by their Atornies' aforesaid; And because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, day further is given to the parties aforesaid, here until in 8. days of Saint Hillary, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day, here cometh aswel the aforesaid Agnes, as the aforesaid Wil Bredon, and John Bredon, by their Attorney's aforesaid. And upon this, The premises seen, and by the Justices here fully understood, It seemeth to the said Justices here, That the aforesaid Plea, of the aforesaid Agnes, to the Conusance of the aforesaid William and John, as to the aforesaid 20. pound, residue of the aforesaid 40. pound, at the aforesaid Feast of Saint Michael the Archangel, in the year 35th. abovesaid, payable by rejoinder pretended, is not sufficient in Law, for the said Agnes to have her Action aforesaid, of the taking of the  aforesaid, against the said William and John, or to maintain: Or them the said William and John, from the taking of the  aforesaid, in the aforesaid place in which, etc. justly acknowledged to bar, as the aforesaid William and John, above have alleged. Therefore it is granted that the aforesaid Agnes, take nothing by her Writ aforesaid, but be in mercy for her false claim; And the aforesaid William and John, go thereof without day, etc. And that they have return of the  aforesaid, to be holden to them irreplegiable for ever. And how, etc. the Sheriff make it appear from the day of Easter 15. days, etc. And it is also granted, That the said William and John, aught to recover their damages, by the occasion aforesaid against the aforesaid Agnes. But because it is not known what damages the said William and John have sustained by that occasion, It is commanded the Sheriff, that by the Oaths of good and lawful men of the County aforesaid, he diligently inquire what damages the said William and John have sustained, aswel by occasion of the premises, as their costs and charges by them about their Suit in this behalf expended; And the Enquiry which, etc. They send here at the aforesaid Term under Seal, etc. and the Seals, etc. At which day here come the a-aforesaid William Bredon, and John Bredon, By their Attorney aforesaid, And the Sheriff thereof did nothing, nor sent the Writ thereo●, Therefore, that an other Writ, be made in form aforesaid, retornable here from the day of Holy Trinity, 15. days, At which day here came the aforesaid William and John, by their Attorney aforesaid. And the Sheriff, that is say, Thomas Edon Esquire, now sent, That before the coming of the Writ aforesaid, The  aforesaid were esloyned out of his Balywick, to places to him unknown, By which the  aforesaid to the said William and John, he could not return as to him it was commanded. Also the same Sheriff sent here a certain Inquision taken before him at Bury Saint edmond's in the County aforesaid, the 30th. day of May last past, by the Oaths of 12. men, etc. by virtue of the Writ aforesaid taken, by which it is ●ound, That the a-aforesaid William and John, sustained damages by the occasion aforesaid, above their costs and charge by them about their Suit in this behalf put unto 5. ponnd, And for their costs and charges to 10. shillings. Therefore it is commanded to the Sheriff, That of the other Ca●tel of the aforesaid Agnes, to the value of the  aforesaid first taken, he take in Withernam, and them to the aforesaid William and John, without delay he do deliver to be detained, to them until the  aforesaid, first taken were returned. And how, etc. that he make it appear here in 8. days of St. Michael, etc. And also that the aforesaid Agnes be attached, that she be here at the aforesaid Term, to answer aswel to the Lady the Queen of her Contempt aforesaid, as to the aforesaid William and John, of the damages and injuries to them in this behalf offered, etc. And also it is granted, That the aforesaid William and John, recover against the aforesaid Agnes, their damages aforesaid to 5. pound, and 10. shillings, by the Enquiry aforesaid, in form aforesaid found, as also 2●. pound, 3. shillings, and 4. pence, to them the said William and John, at their requests for their Costs and Charges by the Court here of Increase adjudged, which damages in the whole do amount to 26. pound, 13. shillings, and 4. pence.   

Replevin.  
Hillary Term, Anno 35 Eliz. Rot. 498. in the KINGS-BENCH, C. 1. part, Ann Mayowes Case, Fol. 141. 
Kent.   
GEorge Mason, and Francis Easterley, were Attached by the Writ of the Lady the Queen of Second Deliverance, to Answer to John Kettel, of a Plea, wherefore they took the  of the said John, and them unjustly detained against Gauges & Pledges, etc. And whereupon the said Joh. Kettel, by Edward Willan his Attorney, complaineth, That the aforesaid George and Francis, the 18th. day of June, in the year of the Reign of the Lady Elizabeth, now Queen of England, the 33th. at Sutton Atthone, in the County aforesaid, in a certain place there called Abraham's Land, took , that is to say, 7. Cows, and One Bull of the said John and them un justly detained against Gauges and Pledges, until, etc. Whereupon, the said John Kettel saith, that he is the worse, and hath damage to the value of 30. pound, and thereof bringeth suit, etc. And the aforesaid George Mason, and Francis Easterley, by Michael Low their Attorney, come and de●end the force and injury when, etc. And justly, etc. Because they say, That the aforesaid Plea in which it is supposed the taking of the  aforesaid to have been done, doth contain, and at the time of the taking aforesaid, above supposed to be done, did contain in itself by Estimation 8. Acres of Pasture with the Appurtenances, in Sutton Atthone aforesaid, and that long before the aforesaid time in which, etc. One Dionysius Mayow Gentleman, was of the aforesaid place in which, etc. amongst other, seized in his demesn as of Fee, and so thereof being seized▪ The same Dionysius afterwards, that is to say, before the time of the taking aforesaid, above supposed to be done, that is to say, The 30th. day of May, in the year of the Reign of the said ●ady the Queen that now is the 19th. at Sutton Atthone aforesaid, by his Writing sealed with his Seal, and to the Court of the Lady the Queen that now is brought, bearing date the same day and year, gave and granted to the aforesaid Ann, by the name of Ann Maxey, of Chigwell, in the County of Essex, One Annuity or yearly Rent of 20. pound, of lawful Money of England, to be issuing out of the aforesaid place in which, etc. Amongst other, by the names of all Lands and Tenements of him the said Dionysius, in Sutton Atthone, aforesaid, and in Willington, in the aforesaid County of Kent: To have, and perceive the aforesaid Annuity or yearly Rent aforesaid of 20. pound aforesaid, to the aforesaid Ann and her Assigns, for the time of the natural life of her the said Ann, at the Feast of the blessed Lady Mary the Virgin, & St. Michael the Archangel, by equal portions yearly to be perceived. And if it should happen the aforesaid yearly Rent or Annuity of 20. pound, at any Feast of payment, in which it is said aught to be paid, within 40. days after any Feast of the Feasts, in part or in whole, be behind and not paid, that then it be lawful to the aforesaid Ann, or her Assigns, in the Tenements aforesaid with the Appurtenances, to enter and distrein, and the distresses there found or taken, to carry away, lead and drive, and with her to keep, until of the whole aforesaid yearly Rent or Annuity, together with all the Arrearages thereof, if any should be to her, she should be fully satisfied and paid, as by the said Writing amongst other things more fully appeareth. By virtue of which Gift and Grant, the said Ann, was of the Annuity, or yearly Rent aforesaid, seized in her demesn as of Freehold, for the Term of her life; And so thereof being seized, The said Ann afterwards, and before the time in which &c. at Su●ton Atthone aforesaid, took to Husband the aforesaid Dionysius, And afterwards, and before the time in which it is supposed, the taking aforesaid of the  aforesaid to be done, that is to say, the 20th. day of March, in the year of the Reign of the said Lady the Queen that now is the 29th. the aforesaid Dionysius, at Sutton Atthone aforesaid died, and the aforesaid Ann, him over lived, and was of the Annuity or yearly Rent aforesaid, seized in her demesn as of Freehold for the Term of her life. And because 20. pound of the Annuity or yearly Rent aforesaid, by one whole year ended at the Feast of Saint Michael the Archangel, in the year of the Reign of the said Lady the Queen that now is the 29th. and within the space of 40. days then next following, were not paid to the said Ann, but were behind, The said George Mason, and Francis, as Bailiffs of the said Ann, do well acknowledge the taking of the  aforesaid, in the aforesaid place in which, etc. as in parcel of the Tenements aforesaid with the Appurtenances, to the distress of the said Ann, in form aforesaid charged and bound. And this they are ready to aver, Whereupon, They demand Judgement and return of the  aforesaid, together with their damages costs and charges, by them about their Suit in this behalf put unto, to be adjudged unto them, etc. And the aforesaid John Kettel saith, That the aforesaid George Mason, and Francis Easterly, by any thing before alleged, the taking of the  aforesaid, in the aforesaid place in which, to be just, ought not to acknowledge; For he saith, that long before the aforesaid time of taking of the aforesaid  done, and long before the grant of the aforesaid Annuity or yearly Rent aforesaid of 40 pound, And long before the said Dionysius Mayow, had any thing of and in the aforesaid 8. Acres of Pasture with their Appurtenanes, One Thomas Mayow was thereof seized in his demesn as of Fee; And so being thereof seized, The said Tho-Mayow, before the time of the taking of the  aforesaid, & long before the Grant of the aforesaid Annuity, that is to say, the 15. day of January, in the year of the Reign of the Lady the Queen the 19th. at Sutton Atthone aforesaid, of the said 8. Acres of Pasture with the Appurtenances, in which, etc. Enfeossed one Thomas Scot, of Sutton Atthone aforesaid Gentleman, and John Fremling of Dartford, in the said County Baker, amongst other things, By the name of all those his Two Manors, of Sawters and Sawley, with the Barns, Stables, Dove-houses, and all other the Houses and Buildings to the said Manors belonging, Orchards & Gardens with the Appurtenances, situate, lying and being in Sutton Atthone aforesaid, then in the Tenure or Occupation of the said Thomas Mayow, and also by the name of all other his Houses and Buildings, Lands and Tenements, Meadow, Pasture, Woods, and Underwoods', Rents, and Reversions, situate, lying and being within the Towns, Parishes, and Fields, of Sutton Atthone aforesaid, Wilmington, and Dartford, or elsewhere, in the aforesaid County of Kent, as also the Reversion and Remainder, of all and singular the premises, Rents, and yearly profits, reserved upon whatsoever Demises or Grants of the premises, or any parcel thereof before then made: To have, and to hold the aforesaid Manors, and other the premises with the Appurtenances, whereof, etc. To the aforesaid Thomas Scot, and John Fremling, their Heirs and Assigns for ever, to the only use and behoof of the aforesaid Dionise Mayow, Son and Heir Apparent of the said Thomas Mayow his Heirs and Assigns for ever, of the chief Lords of the Fee, by the services thereof first due, and of right accustomed, upon the Conditions following, That is to say, That the aforesaid Dionise Mayow, or his Heirs, should pay or cause to paid to Petronill Martin, of Mylton, in the aforesaid County of Kent Widow, the yearly Rent of 10. pound, for the Term of the life of her the said Petronill. Which yearly Rent of 10. pound, the aforesaid Thomas Mayow, to the aforesaid Petronill, before had granted, for and in consideration of a Marriage to be had and solemnised, between the aforesaid Thomas Mayow, and the aforesaid Petronill, after the death of the aforesaid Thomas Mayow, And upon Condition, That if the aforesaid Thomas Mayow, at any time during the natural life of the said Thomas, should pay or cause to be paid to the aforesaid Thomas Scot, and John Fremling, or to either of them, or to the Heirs of the longer liver of them, 10. shillings of good and lawful Money of England, that then the Feoffment aforesaid, should be void, and of no force in Law: And that than it should be lawful to the aforesaid Tho. Mayow, into the aforesaid Two Manors, and all the premises with the Appurtenances, whereof, etc. to re-enter, and the same to have again in his former Estate and Condition, any Act, Thing, Cause, or Matter whatsoever to the contrary thereof notwithstanding. By virtue of which Feoffment, and by force of a certain Act, in the Parliament of the Lord Henry, late King of England the 8th. at Westminster, in the County of Middlesex, the 4th. day of February, in the year of his Reign the 27th. of transferring uses into possession, The said Dionise Mayow, was seized of the aforesad 8. Acres of Pasture with the Appurtenances, in which, in his demesn as of Fee, upon the Conditions aforesaid: And so thereof being seized, The said Dionise, before the aforesaid time of taking the  aforesaid, that is to say, the 30th. day of May, in the year of the Reign of the said Lady the Queen that now is the 19th. abovesaid, at Sutton Atthone aforesaid, by his Writing ●eal●d with his Seal, bearing date the same day and year, Gave and Granted to the aforesaid Ann, by the name of Ann Maxey, of Chigwel, in the County of Essex, the Annuity or yearly Rent aforesaid, of 20. pound to be issuing out of the aforesaid place in which, etc. amongst other, in manner and form as the aforesaid George Mason, and Francis Easterley, above in their Conusance abovesaid have alleged; And the said Ann afterwards, and before the aforesaid time in which. etc. At Sutton Atthone aforesaid took to Husband the said Dionise, and afterwards, and before the time of the taking of the  aforesaid, that is to say, the 30th. day of January, in the year of the Reign of the said Lady the Queen that now is the 24th. The aforesaid Thomas Mayow, at Sutton Atthone aforesaid, paid to the aforesaid Thomas Scot, and John ●remling 10. shillings, of good and lawful Money of England, in the Condition of the Feoffment aforesaid above mentioned, in full satisfaction and performance of the Condition aforesaid, By which, The said Thomas Mayow, afterwards and before the aforesaid time of the taking of the  aforesaid, into the aforesaid 8. Acres of Pasture with the Appurtenances, in which, etc. amongst other, entered and was thereof seized, that is to say, in his demesn as of Fee, and so thereof being seized, The said Thomas Mayow, before the time in which, etc. that is to say, the 3d. day May, in the year of the Reign of the said Lady the Queen that now is the 24th. abovesaid, at Sutton Atthone aforesaid, by his Writing sealed with his Seal, and to the Court of the said Lady the Queen, now here brought, bearing date the same day and year, enfeoffed one Thomas Waller, amongst other, of the aforesaid 8. Acres of Pasture with the Appurtenances, in which, etc. by the name of Abraham's Land, containing by Estimation 9 Acres, more or less, lying in Sutton Atthone aforesaid: To have, and to hold the same Close called Abraham's Land with the Appurtenances, amongst other, to the aforesaid Thomas Waller, his Heirs and Assigns, To the only proper use and behoof of the said Thomas Waller, his Heirs and Assigns for ever, as by the said Writing amongst other things more fully appeareth: By virtue of which ● coffment, the said Thomas Waller, of the aforesaid Close with the Appurtenances, in which, etc. was seized in his demesn as of Fee, and so thereof being seized, The aforesaid Dionise Mayow, afterwards and before the aforesaid time of the taking of the  aforesaid, that is to say, the 20th. day of March, in the year of the Reign of the said Lady the Queen that now is 29th. at Sutton Atthone aforesaid died, as the aforesaid George Mason, and Francis Easterley, above in pleading have alleged; After whose death, and before the aforesaid time of the taking of the  aforesaid, that is to say, the 29th. day of September, in the year of the Reign of the said Lady the Queen that now is the 32th. The a-aforesaid Thomas Waller, at Sutton Atthone aforesaid, demised and to farm set, to the aforesaid John Kettel, the aforesaid Close with the Appurtenances, in which, etc. amongst other, To have and to hold to the aforesaid John Kettell, and his Assigns, from the aforesaid 29th. day of September, in the 32th. year abovesaid, unto the end and Term of one whole year than next following, and fully complete and ended; By virtue of which demise, the aforesaid John Kettell afterwards, and before the aforesaid time in which, etc. that is to say, the 30th. day of September, in the 32th. year aforesaid, in the Close aforesaid in which, etc. entered and was thereof possessed; And so thereof being possessed, The same John Kettell afterwards, and before the aforesaid time in which, etc. that is to say, the 17th. day of June, in the year of the Reign of the said Lady the Queen that now is the 33th. put his  aforesaid, into the aforesaid Close, to eat the grass there, as it was lawful for him to do, which , were in the aforesaid Close, etc. there the grass there late growing eating, until the aforesaid George Mason, and Francis Easterley, the aforesaid , the aforesaid time in which, etc. unjustly took and detained in manner and form, as the aforesaid John Kettell above against them complaineth. And this he is ready to aver, Wherefore in as much as the said George and Francis, the taking of the  aforesaid above acknowledgeth, The said John Kettel demands Judgement, and his damages aforesaid, for the occasion of the taking, and unjust detaining of the said , to be adjudged to him, etc. And the aforesaid George Mason, and Fraces Easterl●y say, that well and true it is, that before the aforesaid time of the taking of the  aforesaid, above supposed to be done, and before the grant of the aforesaid Annuity of 20. pound, and before the said Dionise had any thing in the aforesaid 8. Acres of Pasture with the Appurtenances, in which, etc. The aforesaid Thomas Mayow, in the Bar aforesaid to the Conusance aforesaid named, was seized of the aforesaid 8. Acres of Pasture with the Appurtenances, in his demesn as of Fee; And so thereof being seized, That the said Thomas the aforesaid 15. day of January, in the 19th. year aforesaid, of the said 8. Acres of Pasture with the Appurtenances, enfeoffed the aforesaid Thomas Scot, and John Fremling, in the Bar named, To have, to them and their Assigns for ever, To the use of the said Dionise, his Heirs and Assigns for ever, upon the Conditions aforesaid, in the Bar above in this part specified; And that by virtue of the same Feoffment, and by force of the aforesaid Statute, the said Dionise was seized of the aforesaid 8. Acres of Pasture with the Appurtenances in which, etc. amongst other, in his demesn as of Fee, in manner and form, as the aforesaid John Kettel, in the Bar aforesaid to the Conusance aforesaid above in pleading alleged. And the said George and Francis now Defendants further say, That the aforesaid Dionise before the aforesaid time of the taking of the  aforesaid, above supposed to be done, that is to say, the aforesaid 30th. day of May, in the 9th. year aforesaid, by his Writing aforesaid, gave and granted to the aforesaid Ann, the aforesaid Annuity or yearly Rent of 20. pound, to be issuing out of the aforesaid place in which, etc. Amongst other, in manner and form as the aforesaid John Kettell, in his Bar aforesaid to the Conusance aforesaid, above in pleading hath alleged, To have, and to hold the Annuity or yearly Rent aforesaid of 20. pound, to the aforesaid Ann, and her Assigns, for the Term of the natural life of the said Ann, at the Feasts aforesaid, above in this behalf specified, by equal portions yearly to be perceived, with the aforesaid clause of distress in that Writing contained, in the Conusance above in this behalf specified; And the said George, and Francis Fasterly, also in Facto say, That the aforesaid Thomas Mayow, the aforesaid Grant of the Rent aforesaid, and the Estate of the said Ann, in the said Rend then and there, that is to say the aforesaid 30th. day of May, in the 19th. year abovesaid, at Sutton Atthone aforesaid, by the name of Thomas Mayow, of Sutton Atthone, in the County of Kent Gentleman, by his Writing sealed with the Seal of him the said Thomas, and to the Court of the said Lady the Queen that now is, here brought, bearing date the same day and year, to the aforesaid Ann, by the name of Ann Maxey, of Chigwel, in the County of Essex, ratified and confirmed, as by the said Writing amongst other things more fully appeareth; By colour of which, the said Ann was of the Annuity or yearly Rent aforesaid, seized in her demesn as of Freehold, for the Term of her life; And so thereof being seized, the said Ann afterwards, and before the aforesaid time in which, etc. At Sutton Atthone aforesaid, took to Husband the aforesaid Dionise; And afterwards, and before the aforesaid time in which it is supposed, the taking of the  aforesaid to be done, that is to say, the aforesaid 20th. day of March, in the year of the Reign of the said Lady the Queen that now is the 29th. aforesaid, the aforesaid Dionise, at Sutton aforesaid died; And the aforesaid Ann, him overlived, and was, and yet is of the aforesaid Annuity or yearly Rent of 20. pound, seized in her demesn as of Freehold, for the Term of her life, And because 20. pound of the Annuity or yearly Rent aforesaid, by a whole year ended, at the Feast of Saint Michael the Archangel, in the year of the Reign of the said Lady the Queen that now is the 29th. aforesaid, and within the space of 40. days then next following, were not paid to the said Ann, but were behind, the aforesaid George Mason, and Francis Easterley, as Bailiffs of the said Ann, do acknowledge the taking of the  aforesaid, in the aforesaid place in which, etc. And justly, etc. As in parcel of the Tenements aforesaid with the Appurtenances, to the distress of the said Ann, in form aforesaid charged and bound: And this they are ready to aver, whereupon, as at first they demand Judgement, and return of the  aforesaid, with their Damages, Costs, and Expenses, by them about their Suit in this behalf put unto, according to the form of the Statute in such case had and provided, to be adjudged unto them, etc. And upon this, the aforesaid John Kettel prayeth, That the Writing of Confirmation of the Annuity aforesaid, be inrouled in these words, etc. And it is inrouled in this form as followeth. ss. To all Christian People, to whom this present Writing shall come, Thomas Mayow, of Sutton Atthone aforesaid in the County of Kent Gentleman, and Dionise Mayow, Son and Heir Apparent of the said Thomas Mayow, of Bernard's Inn, in the County of Middlesex Gentleman, greeting, in our Lord God everlasting. Kn●w ye, We the aforesaid Thomas and Dionise, to have given, granted, and in this our present Writing confirmed to Ann Maxey, of Chigwell, in the County of Essex, for and in Consideration of a certain Marriage to be had and solemnised, Between the aforesaid Dionise Mayow, and Ann Maxey foresaid, one yearly Rent or Annuity of 20. pound, of lawful Money of England, of all, our, or either of our Lands and Tenements, in Sutton Atthone aforesaid, and Wilmington in the County of Kent aforesaid, To have and perceive, the said yearly Rent or Annuity of 20. pound aforesaid, of the aforesaid Lands and Tenements with their Appurtenances, to the aforesaid Ann and her Assigns, for the term of the life of the aforesaid Ann, at the Feasts of the Annunciation of the blessed Mary the Virgin, and Saint Michael the Archangel, by equal portions yearly to be perceived; And if it happen the aforesaid yearly Rent, or Annuity of 20. pound, at any Feast of payment in which it is said it ought to be paid, within 40. days after any of the a-aforesaid Feasts, in part or in all, to be behind and unpaid, That then it be lawful to the aforesaid Ann, and her Assigns, into the aforesaid Lands and Tenements, to enter and distrein, and the distresses there found and taken, to carry away, lead, drive, and with them to keep, until of the aforesaid yearly Rent or Annuity, together with all the Arrearages thereof if any were, to them it be satisfied and paid, of which yearly Rent or Annuity, we have put the aforesaid Ann Maxey in full possession and seizin, by paying of one penny of lawful Money of England, etc. In witness whereof we the aforesaid Th●. Mayow, and Dienise Mayow, to this our present Writing, our Hands and Seals have put; Dated the 30th. day of May, in the year of the Reign of our Lady Elizabeth, by the Grace of God, o● England, France and Ireland, Defender of the Faith, etc. the 19th. Which being Read and Herd, The said John Kettel saith, That the Plea aforesaid, by the aforesaid George and Francis, above to the Bar of the said John Kettell aforesaid, to the Conusance aforesaid in manner and form aforesaid above pleaded, and the matter in the same contained is not sufficient in Law, to the taking of the  aforesaid, in the place aforesaid, in which, etc. justly acknowledged, to which the said John Kettell needeth not, or by the Law of the Land is any ways bound to Answer; Wherefore for want of a sufficient Plea in this behalf, the same John as at first demandeth Judgement, and his damages aforesaid, by the occasion aforesaid, to be to him adjudged, etc. And the aforesaid George Mason, and Francis Easterley say, that the plea aforesaid, by them the said George and Francis, above unto the Bar of the aforesaid John Kettell aforesaid, to the Conusance aforesaid, in manner & form aforesaid above pleaded, & the matter in the same contained, is good and sufficient in Law, to the taking of the  aforesaid, in the aforesaid place in which, etc. justly acknowledged, Which Plea, & the matter therein contained, the said George and Francis, are ready to aver and prove, as the Court, etc. And because the aforesaid John Kettell, to that Plea doth not Answer, nor the same as yet any ways denyeth, The said George and Francis, as at first demand Judgement, and return of the  aforesaid, together with their damages, according to the form of the Statute in such case late had and provided to them to be adjuged. And because the Court of the Lady the Queen here, of their Judgement of and upon the premises to be given is not yet avised, day is given to the parties aforesaid, before the Lady the Queen, until from the day of Easter 15. days, wheresoever, etc. to hear their Judgemen of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day, before the Lady the Queen at Westminster, come the parties aforesaid by their Attorney's aforesaid; And because the Court of the Lady the Quen that now is, here of giving their Judgement of upon the premises is not yet avised, further day is given to the parties aforesaid, before the Lady the Queen in the Morrow of the Holy Trinity, wheresoever, etc. to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westmin. came the parties aforesaid, by their Attorney's aforesaid; And because the Court of the La●y the Queen that now is here of giving their Judgement of and upon the premises, is not yet avised, day further is given to the parties aforesaid, before the Lady the Queen, in 8. days of Saint Michael, wheresoever, etc. to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. Before which day, The Plea aforesaid was adjourned by the Writ of the Lady the Queen of Common Adjornment, before the Lady the Queen, until from the day of Saint Michael in one Month, at the Town of Saint Alban, in the County of Hertford, At which day, the Plea aforesaid was further adjourned, by another Writ of the Lady the Queen of Common Adjornment, before the said Lady the Queen, until the Morrow of All Souls, at the Town of Saint Alban aforesaid: At which day, before the Lady the Queen, at the Town of Saint Alban aforesaid, cometh as well the said John Kettel, by his Attorney's aforesaid, as the aforesaid George Mason, and Francis Easterley, in their proper persons, And because the Court of the said Lady the Queen that now is here▪ of giving their Judgement of and upon the premises, is not yet avised, day further is given to the parties aforesaid, before the Lady the Queen, in 8. days of Saint Hillary, wheresoever, etc. to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. Before which day, the Plea aforesaid was further adjourned, by another Writ of the Lady the Queen of Common Adjornment, before the Lady the Queen at WESTMINSTER aforesaid, at the aforesaid 8. days of Saint Hillary. At which day, before the Lady the Queen at WESTMINSTER, come as well the aforesaid John Kettell, by his attorney aforesaid, as the aforesaid George Mason and Francis Esterley in their proper persons: and because the Court of the said Lady the Queen that now is here of giving their Judgement of, and upon the premises, is not yet avised, day farther is given to the parties aforesaid, before the Lady the Queen, from the day of Easter 15. days wheresoever, etc. to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here, thereof not yet &c. at which day, before the Lady the Queen at Westminster, cometh aswell the aforesaid John Kettle, by his Attorney aforesaid, as the aforesaid George Mason, and Francis Esterley in their proper persons. And upon this, all and singular the premises, by the Court of the said Lady the Qeen that now is here being seen, and matute deliberation thereof being had, Because it seemeth to the Court of the Lady the Queen that now is here, that the plea aforesaid, by the aforesaid George and Francis, to the Bar of the aforesaid John Kettle aforesaid, to the Conusance aforesaid, in manner and form aforesaid, above pleaded, and the matter in the same contained is good and sufficient in Law, Therefore it is granted, that the said John Kettle take nothing by his writ aforesaid, and that he and his Sureties for his false clamour aforesaid, thereof be in mercy, etc. and the aforesaid George Mason and Francis Esterly thereof go without day, etc. and have return of their  aforesaid, to be holden by them irreplegiable for ever. And further according to the form of the Statute in such case late had and provided, it is granted, that the aforesaid George Mason and Francis Easterly, recover against the aforesaid John Kettle, their damages which they have sustained as well by the occasion of the premises, as for their Costs and charges by them about their suit in this behalf expended. But because to the said Court of the said Lady the Queen that now is here, It is unknown what damages the said George and Francis in this behalf sustained: It is commanded to the Sheriff, that by the Oath of good and lawful men of his Ba●liftwick, he diligently inquire what damages the aforesaid George and Francis have sustained, and the Inquire which, etc. to the Lady the Queen in the morrow of the Holy Trinity, whensoever, etc. under Seal, etc. and the Seals, etc. he send together with the Writ of the said Lady the Queen thereof to him directed. The same day is given to the said George and Francis, etc. At which day, before the Lady the Queen at Westminster, cometh the aforesaid George and Francis in their proper persons, And the Sheriff, that is to say, Michael Sands Esquire, at that day, Certified that the  aforesaid, before the Receiving of the Writ aforesaid, were esloined to places, to the said Sheriff unknown, by the within named John Kettel, so that the  to the aforesaid George and Francis Esterley, he cannot return irreplegiable, as to the said Sheriff by the Writ aforesaid it was commanded; And further the said Sheriff certified, an Enquiry before him the 8th. day of June, in the 36th. year aforesaid, at Dedford Strand, in the County aforesaid, by the Oaths of 12. and lawful Men of his Baliwick taken, by which it is found, That the aforesaid George Mason, and Francis, sustained damages by the occasion of the premises, above their costs and chages, by them about their Suit in this behalf expended to 40. shillings, and for their costs and charges to 2. pence, Therefore it is granted, That the aforesaid George Mason, and Francis Esterley, recover against the aforesaid John Kettell, their damages aforesaid, by the Inquisition aforesaid, in form aforesaid found, As also 9 pound, to them the said George and Francis, for their costs and charges aforesaid, by the Court of the Lady the Queen here of Increase adjudged, which damages here in the whole do amount to 11. pound, and 2. pence, And the aforesaid John Kettell in mercy: And further it is commanded to the Sheriff, that of the  of the said John Kettell in his Bailiwick, to the value of the  aforesaid, which to the aforesaid George and Francis were adjudged, he take in Withernam, And them to the aforesaid George and Francis, cause to be delived, to be kept by them, until the Cattles of them the said Goorge and Francis, in the said Court first adjudged can be delivered, etc.   

REPLEVIN.  
Easter Term: Anno 36. of Elizabeth Rot. 731. in the COMMON-PLEAS, C. 2. part, Bettiworths Case. fol. 27 a.  
THomas Bettisworth, was summoned to Answer to John Hayward of 
Sussex.  a Plea, wherefore he took the  of the said John, and them unjustly detained against Gauges and Pledges, etc. And whereupon, The said John, by John Cumber his Attorney complaineth, That the aforesaid Thomas, the 28th. day of October, in the year of the Reign of the Lady the Queen that now is the 19th. at Ipping, in a certain place called ●●ynolds, took the , that is to say, Two Cows of the said John, and them unjustly detained against Gauges, until, etc. And whereupon he saith, that he is the worse, and hath damage to the value of 10. pound, etc. And thereof he bringeth Suit, etc. And the aforesaid Thomas, by John Troth his Attorney, cometh and defendeth the force and injury when, etc. And doth well avow the taking of the  aforesaid, in the aforesaid place in which, etc. And justly, etc. Because he saith, That the said place in which it is supposed, the taking of the  aforesaid to be done, contained in itself One Acre and half of Land with the Appurtenances, in Ipping aforesaid, And that long before the aforesaid time in which, etc. One John Bettisworth, was seized of and in One Message, and a Garden, 12. Acres of Land, and one Acre of Wood with the Appurtenances, in Ipping aforesaid, whereo● the aforesaid place in which, etc. is, and the aforesaid time in which, etc. from the time whereof the Memory of Men is not to the contrary, was parcel in his demesn as of Fee; And so thereof being seized, the said John long before the aforesaid time in which, etc. that is to say, the 20th. day of March, in the year of the Reign of the Lady the Queen that now is the 11th. at Ipping aforesaid, by his Indenture made between the aforesaid John Bettisworth of the one part, and the aforesaid John Hayward, by the name of John Hayward, of the same Parish and County Husbandman, of the other part, demised, granted, and to farm let, to the aforesaid John Hayward, the Tenements aforesaid with the Appurtenances, whereof, etc. To have, and to hold, the s●id Tenements with the Appurtenances, to the said John Hayward and his Assigns, from the Feast of the Annunciation of the blessed Mary the Virgin, than next following, until the end and Term of 21. years, from thence next following, and fully to be complete and ended; Yielding, and paying, therefore yearly during the said Term, to the aforesaid john Bettisworth, and his Assigns, 12. pence at the Feast of Saint Michael the Archangel, or within 10. days next after the said Feast. By virtue of which Demise, the said John Hayward, in the Tenements aforesaid with the Appurtenances, entered and was thereof possessed, the Reversion thereof to the said John Bettisworth, and his Heirs expectant, And the said John Hayward so of the Tenements aforesaid with the Apputtenances, whereof, etc. being possessed, and the aforesaid John Bettisworth, of the Reversion thereof, and of the Rent aforesaid being seized, in his demesn as of Fee, The said john Bettisworth, before the time in which, etc. that is to say, the 3d. day of January, in the year of the Reign of the said Lady the Queen that now is the 19th. At Ipping aforesaid, died of such his Estate of the Reversion and Rent aforesaid, with the Appurtenances whereof, etc. seized, without issue of his Body begotten; After whose death, the said Reversion of the Tenements aforesaid with the Appurtenances, whereof, etc. descended to the said Thomas Bettisworth, as Brother and Heir of the said John Bettisworth; By which the said Thmas was seized of the aforesaid Reversion, of the Tenements aforesaid with the Appurtenances, whereof, etc. and of the Rent aforesaid, in his Demesn as of Fee, And because 12. pence of the Rent aforesaid, for one whole year after the death of the aforesaid John Bettisworth, ended at the Feast of Saint Michael the Archangel, in the year of the Reign of the Lady the Queen that now is the 19th. to the said Thomas the aforesaid time in which, etc. was behind and not paid, the said Thomas doth well avow the taking of the  aforesaid, in the aforesaid place in which, etc. as in parcel of the Tenements aforesaid with their Appurtenances, to the aforesaid John Hayward in form aforesaid demised, and justly, etc. for the said 12. pence of the Rent aforesaid to him the said Thomas so being behind, etc. And the aforesaid John Hayward saith, That the aforesaid Thomas for the reason before alleged ought not avow the taking of the  aforesaid in the place aforesaid in which, etc. to be just; because he saith, That well and true it is, That the aforesaid John Bettisworth, was seized of the Tenements aforesaid with the Appurtenances, whereof, etc. in his demesn as of Fee, And so thereof being seized, demised to the said John Hayward, the Tenements aforesaid with the Appurtenances, whereof, etc. To have, and to hold to the said John Hayward, for the aforesaid Term of the aforesaid 21. years, as the aforesaid Thomas above alleged; But the said John Hayward saith, That the aforesaid John Bettisworth, of the Reversion of the Tenements aforesaid with the Appurtenances, whereof, etc. in his demesn as of Fee, in form aforesaid being seized, before the aforesaid time in which, etc. into the Tenements aforesaid with the Appurtenances, whereof, etc. upon the possession of him the said John Hayward, thereof entered, and him the said John from his possession did expel, and amove, And immediately after, of the said Tenements with the Appurtenances, whereof, etc. enfeoffed one William Bettisworth, To have, and to hold the said Tenements with the Appurtenances, whereof, etc. to the said William, and his Hers and Assigns for ever; By virtue of which Peoffment, the aforesaid William was seized of the same Tenements with the Appurtenances, whereof, etc. in his demesn as of Fee, upon the which possession of the said William Bettisworth thereof the said John Hayward afterwards, and before the aforesaid time in which, etc. claiming his Term aforesaid, of and in the Tenements aforesaid with the Appurtenances, whereof, etc. into the said Tenements with the Appurtenances, whereof, &c reentered, and was thereof possessed, and so thereof being possessed, The said John Hayward, before the aforesaid time in which, etc. put the  aforesaid, into the aforesaid place in which, etc. to eat the grass in the same then growing; Which  were in the said place in which, etc. eating the grass in the same then growing, until the aforesaid Thomas, the Day and Year in the Declaration aforesaid above specified, At Ipping aforesaid, in the aforesaid place called Raynolds, took the  of him the said John Hayward, and them unjustly detained against Gauges and Pledges, until, etc. as he above against him complaineth: Without that, that the aforesaid John Bettisworth, died of the Reversion of the Tenements aforesaid with the Appurtenances, whereof, etc. and of the Rent aforesaid seized, as the aforesaid Thomas above hath alleged; And this he is ready to aver, wherefore in as much as the aforesaid Thomas, the taking of the  aforesaid, in the aforesaid place in which, etc. above acknowledgeth, The said John Hayward demandeth Judgement, and his damages by the occasion of the taking, and unjust detaining of the said , to be adjudged unto him, etc. And the aforesaid Thomas as at first saith, That the aforesaid J. Bettisworth died of the Reversion of the Tenements aforesaid with the Appurtenances whereof, etc. and of the Rent aforesaid seized, as he above alleged; and of this puts himself upon the Country, and the said john Hayward likewise; Therefore it is commanded to the Sheriff, that he cause to come here, from the day of Easter, in 5. weeks 12. etc. by whom &c. And who neither, etc. To Recognize, etc. Because as well, etc. At which day here came the Parties, etc. And the Sheriff sent not the Writ: Therefore as before, It is cmmanded to the Sheriff, that he cause to come here 12. etc. in the Morrow of the Holy Trinity, To recognize, etc. At which day here cometh the parties, And the Sheriff sent not the Writ, Therefore it is commanded the Sheriff as at first, That he cause to be here the morrow of Saint Martin 12. etc. to Recognize in the form aforesaid, At which days come the Parties, and the Sheriff sent not the Writ: Therefore as at first, it is commanded the Sheriff, that he cause to come here 12. etc. 8. days of St. Hillary, etc. To Recognise, etc. in the form aforesaid, etc. At which day the Parties come, etc. and the Sheriff sent not the Writ, etc. Therefore as at first, it is commanded to the Sheriff, that he cause to come here from Faster day 15. days 12. etc. to Recognize in form aforesaid, etc. at which day here come the Parties, etc. and the Sheriff sent not the Writ, etc. Therefore as at first, it is commanded the Sheriff that he cause to come here in the morrow of the holy Trinity 12. etc. to Recognize in form aforesaid, etc. At which day the parties come here, etc. and the Sheriff sent not the Writ, etc. Therefore as at first, it is commanded to the Sheriff, that he cause to come here in the morrow of Saint Martin 12. etc. to Recognize in form aforesaid, etc. At which day the Parties come here, etc. and the Sheriff sent not the Writ: Therefore it is commanded the Sheriff, that he cause to come in 8. days of Saint Hillary 12. etc. to Recognize in form aforesaid; At which day the Parties come, and the Sheriff sent not the Writ, (And so several Venire Facias were award to the Sheriff, from Term to Term, to return Jurors at a day, every of the said Term; as at first, and the parties come at the said days, and the Sheriff sent not the Writ; as in the Rolls upon Record appeareth) And Process was continued between the Parties aforesaid, of the Plea aforesaid by Jurors put in respite, until this day, that is to say, in days of St. Michael in the year of the Reign of the Lady the Queen that now is, the 31. Unless the Justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned by the form of the Statute, etc. upon Wednesday the 27th of june at East Greinstead in the County aforesaid first should come. And now at this day, as well the aforesaid John Heyward, as the aforesaid Thomas Bettisworth come by their Attorneys aforesaid: And the aforesaid Justices of Assizes before whom, etc. sent here their Record in these words: Afterwards the day and place within contained, before Robert Clarke one of the Barons of the Lady the Queen of her Exchequer, and john Puckering one of the Sergeants at Law of the Queen, Justices of the said Lady the Queen, to take Assizes in the County of Sussex Assigned by the form of the Statute, etc. come as well the within named john Hayward, by William Siday his Attorney, as the within written Thomas Bettisworth by John Lions his Attorney, And the Jurors of the Jury whereof within mention is made, being called, some of them, that is to say, Edward Pickham, William Ails, Thomas ●etley, William ●revet, Edmond Grace, john Lock, john Capron, and John Andrew appeared, and was sworn Jurors in the said Jury: And because the rest of that Jury did not appear, others of the standers by chosen by the Sheriff, at the request of the aforesaid Thomas Bettisworth, And by the command of the Justice's aforesaid, were new put to them, whose n●mes to the Panel within written, are filled according to the form of the Statute in such case of late made and provided: The names of which Jurors so put to, that is to say, John Pit, Thomas Bayley, William Leefe, and Thomas Aglewyn come; and to say the truth of the matter within contained, together with the Juros' first impanelled and sworn, chosen, tried, and sworn, say upon their Oath, That one John Bettisworth was seized in his Demesn as of Fee, of and in the within written Message and Garden witht the Appurtenances in Iping within written, whereof the within written place in which, etc. and at the within written time in which, as also time whereof the memory of man is not to the contrary, was parcel: And further the Jurors say upon their Oaths aforesaid, that the aforesaid place in which, etc. doth contain, and the aforesaid time in which, etc. did contain in it ●elf, one Acre and half an Acre of Land, and called by the name of Rainolds, and is, and the aforesaid time in which, etc. as also time whereof the memory of men is not to the contrary, was a several Close by itself separately enclosed; and further the jurors say upon their Oath, That the aforesaid John Bettisworth so thereof (as before is said) being seized: Afterwards, that is to say, the 20th. day of March, in the year of the Reign of the Lady the Queen that now is the 11th. at Iping aforesaid, By his Indenture within written, made between the aforesaid John Bettisworth of the one part, and the aforesaid John Hayward of the other part. demised, granted, and to farm let to the aforesaid John Hayward, the Tenements aforesaid with the Appurtenances whereof, etc. To have and to hold the said Tenements with the Appurtenances whereof, etc. to the aforesaid John Hayward, and his Assigns, from the Feast of the blessed Mary the Virgin than next following▪ unto the end and term of 21. years then next following fully to be complete and ended; Yielding and paying therefore yearly, to the aforesaid John Bettisworth and his Assigns 12. d. At the Feast of St. Mich●el the Archangel, or within 10. days next after the said Feast. By virtue of which Demise, the said John Hayward into the Tenants aforesaid with the Apurtenances whereof, etc. entered, and was thereof possessed, the reversion thereof to the aforesaid John Bittesworth and his Heirs expectant: And he the said John Heyward of the Tenements aforesaid with the Appurtenances whereof, etc. being possessed: and the aforesaid John Bettisworth of the Reversion thereof, and of the Rent aforesaid being seis●d in Demesn as of Fee: The said john Bettisworth into the aforesaid Close, in which, etc. called Rainolds in the possession of the said john Heyward entered, and there immediately after, sealed and delivered as his Deed; a certain Deed, containing a Feoffment of the Tenements aforesaid, with the Appurtenances whereof, to one William Bettisworth his Heirs and Assigns for ever; And further, the Jurors say upon their Oath aforesaid, that immediately after the sealing and delivery of the Deed of Feoffment aforesaid, possession and seisin upon that Deed of Feoffment was given and delivered, by the aforesaid john Bettisworth, to the aforesaid William Bettisworth, in and upon the aforesaid Close called Raynolds, in which &c. neither the aforesaid John Hayward, nor any other, at the said time of the delivery of the said possession or seisin, of the said Close being; By virtue whereof, the said William Bettisworth, into the Tenements aforesaid with the Appurtenances, whereof, etc. entered, and thereof was seized, as the Law requireth. And the Jurors further say upon their Oath aforesaid, That the aforesaid John Hayward, at the time of the giving and delivery of the possession and seisin in the Close aforesaid, was in the Message and the Residue of the Tenements aforesaid, by virtue of the Lease aforesaid to him made, and that afterwards and before the time in which, etc. the aforesaid John Hayward into the aforesad Close called Raynolds, with the Appurtenances in which, etc. reentered, claiming the same Close to the Lease aforesaid, to him in form aforesaid made; And further, the Jurors say, upon their Oath aforesaid, That afterwards, & before the time in which, etc. that is to say, the 3d. day of January, in the year of the Reign of the said Lady the Queen that now is the 19th. the said John Bettisworth, at Ipping aforesaid died, without issue of his Body begotten; And that the aforesaid Thomas Bettisworth, is his Brother & next Heir. But whether upon the whole matter aforesaid, in form aforesaid found, ●he possession and seisin in manner and form aforesaid, given and delivered, of and in the aforesaid Close called Raynolds, in which, etc. be, or in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid close called Raynolds, in which, etc. the Jurors are utterly ignorant, and thereof they pray the advice of the Justices here of the Lady the Queen, and if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the said Justices of the Lady the Queen, That the aforesaid possession and seisin, in form aforesaid given and delivered, of and in the aforesaid Close called Raynolds, be or in Law ought to be adjudged, a good and lawful possession and seisin, of the aforesaid Close called Raynold●, in which, etc. with the Appurtenances, etc. Then the Jurors aforesaid, say upon their Oath aforesaid, That the said John Bettisworth, did not die seized of the Reversion of all the Tenements within written with their ●ppurtenances, etc. nor of the Rents within written seized, as the said John Hayward within for him allegeth. And then they assess damages of the said John Hayward, for the occasion within writteh, above his costs and charges by him the said John Haward, about his Suit expended to 4. pence, and for his costs and charges to 2. pence. But if upon the whole mat●er aforesaid, in form aforesaid found, It shall seem to the said Justices of the said Lady the Queen, That the aforesaid possession and seisin▪ in form aforesaid given and delivered, of and in the aforesaid Close called Raynolds, in which, be not, nor in Law ought to be adjudged a good and lawful possession and seisin▪ of the aforesaid Close called Raynolds, in which, etc. Then the Jurors say, upon their Oath aforesaid, That the aforesaid John Bettisworth died of the Reversion of the Tenements aforesaid with the Appurtenances, whereof, and of the Rents aforesaid seized, as the said Thomas Bettisworth, within for him allegeth. And then they assess damages of the said Thomas Bettisworth, for the occasion within written, above his costs and charges mentioned about his Suit expended to 4. pence, and for his costs and charges to 2. pence. And because the justice● here will avise themselves of and upon the premises before they give their Judgement thereof, day is given to the parties aforesaid, here until in 8. days of Saint Hillary, to hear their Judgement thereof, because the Justices here thereof not yet, etc. At which day, here cometh as well the aforesaid John Hayward, as the aforesaid Thomas Bettisworth, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, further day is given to the parties aforesaid, here until from the day of Easter 15. days, to hear their Judgement thereof, because the Justices here thereof not yet, etc. At which day, here come as well the aforesaid John Hayward, as the said Thomas Bettisworth, by their Attorney's aforesaid; And because the Justices here, will further avise themselves of upon the premises before they give their Judgement thereof, day further is given to the parties aforesaid, here until the Morrow of Holy Trinity, to hear their Judgement thereof, because the Justices here thereof not yet, etc. At which day here cometh as well the aforesaid John John Hayward, as the aforesaid Thomas Bettisworth, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, further day day is given to the parties aforesaid, here until in 8. days of Saint Michael, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day, here cometh as well the said John Hayward, as the aforesaid Thomas Bettisworth, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof, day further is given to the parties aforesaid, here until in 8. days of Saint Hillary, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day, here cometh as well the aforesaid John Hayward, as the aforesaid Thomas Bettisworth, by their Attorney's aforesaid; And because the Justices here, will further avise themselves of and upon the premises before they give their Judgement thereof, further day i● given to parties aforesaid, here until from the day of Easter 15. days, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day here cometh as well the aforesaid John Hayward, as the aforesaid Thomas Bettisworth, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, day further is given to the parties aforesaid here until the Morrow of Holy Trinity, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day, here cometh as well the aforesaid John, as the aforesaid Thomas, by their Attorney's aforesaid, and upon this, The premises being seen, and by the Justices here fully understood, It is granted that the aforesaid John, take nothing by his Writ aforesaid, but be in mercy for his false clamour, etc. And the aforesaid Thomas go thereof without day, etc. And that he have return of the  aforesaid to be kept by him irreplegible for ever. And how, etc. The Sheriff make it here appear in 8. days of Saint Michael, etc. It is also granted, That the aforesaid Thomas recover against the said john, his damages aforesaid by the Jurors in form aforesaid assessed, as also 11. pound, and 9 shillings, and 6. pence, to the said Thomas at his request, for his costs and charges aforesaid, by the Court here of increase adjudged which damages, in the whole do amount to 12. pound.   

REPLEVIN.  
Michaelmass Term, Anno 27. and 28. Eliz. Rot 1739. in the COMMON▪ PLEAS, Co. 4. part, 
Cornwall.  Bevils' Case. fol. 6. a.  
NIcholas Francis, was Attached by the Writ of the Lady the Queen of Second Deliverance, to answer to Walter Parker of a Plea, wherefore he took the  of him the said Walter, and them unjustly detained against Gauges and Pleges, etc. And whereupon, the said Walter, by Francis Eyrman, by his Attorney complaineth, That the aforesaid Nicholas, the 30th. day of October, in the year of the Reign of the Lady the Lady the Queen that now is the 15th. at Tallan, in a certain place called Newton, took the , that is to say, Two Oxen of him the said Walter, and them unjustly detained against Gauges and Pledges, until, etc. whereupon he saith that he is the worse, and hath damage to the value of 20. pound, And thereof he bringeth Suit, etc. And the aforesaid Nicholas, by William Leigh his Attorney, cometh and defendeth the force and injury when, etc. And as Bailiff of John Bevill Esquire, doth well acknowledge the taking of the  aforesaid, in the aforesaid place in which, etc. And justly, etc. Because he saith, That the same place called Newton, in which it is supposed the taking of the  aforesaid to be done, doth contain, and the time of the taking of the  aforesaid supposed to be done, did contain in itself 20. Acres of Land with the Appurtenances, in Talon aforesaid, and that long before the aforesaid time in which, etc. One Robert Smith, the Elder Esquire, was seized of the said 20. Acres of Land with the Appurtenances, in his demesn as of Fee, and held the said 20. Acres of Land with the Appurtenances, of the aforesaid John Bevill, as of his Manor of Kal●gath, in the County aforesaid, by Knight's Service, that is to say, by Homage, Fealty, and Escuage to the Lady the Queen, when it should happen ●2. shillings; And when more, more, and when less, less, and also by the Service of doing Suit at the Court of him the said John at his Manor aforesaid twice by the year, that is to say, once within a Month next after the Feast of Saint Michael the Archangel, and again, within a Month next after the Feast of Easter every year, at that Manor holden, of which Services, the aforesaid John Bevill, was seized by the Hands of the aforesaid Robert Smith the Elder, as by the Hands of his very Tenant, that is to say, of the Homage, Fealty, Escuage, and Suit of Court, as of his Fee and Right; And that afterwards, the aforesaid Robert Smith the Elder, died of the aforesaid 20. Acres of Land with the Appurtenances seized, After whose death, the aforesaid 20. Acres of Land with their Appurtenances, descended to one Robert Smith, Son and Heir of the aforesaid Robert Smith: By which the said Robert Smith the Son, before the time in which, etc. in the aforesaid 20. Acres of Land with the Appurtenances entered, and was thereof seized in his demesn as of Fee; And because the Homage of the aforesaid Robert the Son, the aforesaid time in which, etc. to the aforesaid John Bevill behind not done, the said Nicholas as Bailiff of the said John Bevill, doth well avow the taking of the  aforesaid, in the aforesaid place in which, etc. And justly, etc. for that Homage so undone, in the Lands of the said John, in form aforesaid holden, etc. And upon the aforesaid Robert the Son, as upon the very Tenant of the aforesaid John Bevill, and within his Fee and Lordship. And the aforesaid Walter saith, That long before the said time of the taking of the  aforesaid done, The s●id Robert Smith was seized of the aforesaid 20. Acres of Land with the Appurtenances, in Talon aforesaid, called Newton, in his demesn as of Fee, And so thereof being seized, before the time of the taking aforesaid done, th●t is to say, the 24th. day of January, in the year of the Reign of the said ●●dy the Queen that now is the 13th. at Talon aforesaid, Leased the afore 〈◊〉 20 Acres of Land with the Appurtenances, to him the said Walter, To have to the said Walter & his Assigns, from the aforesaid 24th. day of January, in the year afores. unto the end of the Term of 5. years then next following, to be complete and ended; By virtue of which Lease, the said Walter into the aforesaid 20. Acres of Land with the Appurtenances entered, and was, and yet is thereof possessed, the Reversion thereof after the Term aforesaid ended, to the aforesaid Robert Smith the Son, and his Heirs expectant; Without which Robert the Son, the said Walter cannot answer to the avowry aforesaid, of the said Nicholas, nor the Plea thereof bring into Judgement. And prays aid of the aforesaid Robert Smith the Son, who is present herein Court in his proper person▪ and willingly joins himself in aid against the aforesaid Nicholas, in the Plea aforesaid, etc. And upon this, as well the said Walter, as the aforesaid Robert Smith the Son, who, etc. say that the aforesaid Nicholas, for the reason before alleged, ought not avow the taking of the  aforesaid, to have been just; For by Protestation, that the aforesaid Robert Smith the Son, did not hold the aforesaid 20. Acres of Land with the Appurtenances called Newton, in Talon aforesaid, of the aforesaid J. Bevill, as of his Manor of Keligath, by Knight's Service, that is to say, by Homage, Fealty, and Escuage, to the Lady the Queen, when it should happen 42. shillings, and to more, more, and less, less, etc. As also by the Service of doing Suit at the Court of the said John Bevill, of his Manor aforesaid twice by the year, that is to say, once within one Month after the Feast of St. Michael the Archangel, and again within one Month after the Feast of Easter, every year, at that Manor to be holden, as the aforesaid Nich. above hath alleged; For Plea he saith, That the aforesaid John Bevil never was seized of the aforesaid Services, as the said Nicholas above hath alleged, And this they are ready to aver, Wherefore in as much as the said Nicholas above acknowledgeth the taking of the  aforesaid, in the aforesaid place in which, etc. the said Walter, and the aforesaid Robert, who, etc. demand Judgement and their damages, by the occasion of the taking, and unjust detaining of the  aforesaid, to the said Walter to be adjudged; And the aforesaid Nicholas, as at first saith, That the aforesaid John Bevill, was seized of the aforesaid Services, by the Hands of the aforesaid Robert Smith the Father, as by the Hand of his very Tenant, as he above alleged; And of this puts himself upon the Country, and the aforesaid Walter, and the aforesaid Robert Smith the Son, who, etc. likewise; Therefore it is commanded to the Sheriff, that he cause to be here from the day Saint Martin 15. days, 12. etc. by whom, etc. and who neither, etc. to Recognize, etc. Because as well, etc. Process against the Jurors, to try the issue aforesaid, is contained until 15. of Easter, in the 19th. year of Queen Elizabeth, unless the Justices to Assizes, in the County aforesaid to be taken assigned, by the form of the Statute, etc. Upon Monday, in the 5th. Week of Lent, the said 19th. year first come, At which Assizes, the Verdict was given as followeth. The Jurors say upon their Oath, That the within named John Smith the Father, held the Tenements aforesaid with the Appurtenances, called Newton, of the within named John Bevill as of the within written Manor of Keligath, by Knight's Service within written; And that the said John Bevill, was seized of the Fealty and Suit of Court, only parcel of the Services within written, by the Hands of the aforesaid Robert Smith the Father, as by the Hands of his very Tenant. But whether the aforesaid seisin of Fealty, and Suit of Court aforesaid▪ be a good and sufficient s●isin of the whole Services within written, or not, the Jurors are altogether ignorant: And pray thereof the advice and discretion of the Justice's aforesaid. And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the same Justices, That the aforesaid seisin of Fealty, and Suit of Court, be not a good and sufficient seisin of the whole Services aforesaid, Then the Jurors say upon their Oath, That the aforesaid John Bevill was not seized of the within written Services, by the Hands of the aforesaid Robert Smith the Father, as by the Hand of his very Tenant, as the said Walter within alleged; And then they assess the damages of him the said Walter, by occasion of the taking, and unjust detaining of the  aforesaid, besides his costs and charge by him about his Suit in this behalf expended to 12. pence, and for his costs and charges to 40. shillings. And if upon the whole matter aforesaid, it shall seem to the Justices, That the said seisin of Fealty, and Suit of Court aforesaid, be a good and sufficient seisin of the whole Services within written, Then the said Jurors say upon their Oath aforesaid, That the said John Bevill was seized o● the Services within written, by the Hands of the aforesaid Robert Smith the Father, as by the Hands of his very Tenant, as the aforesaid Nicholas within alleged. And then they assess the damages of the said Nicholas, by occasion of the premises, besides his costs and charges by him about his Suit in this behalf expended to 12. pence, and for his costs and charges to 40. shillings. And because the Justices here will avise themselves of upon the premises before they give their Judgement thereof, day is given to the parties here, until in the Morrow of the Holy Trinity, to hear their Judgement thereof, because the Justices here thereof not yet, etc. And so the Plea aforesaid, was continued until the Morrow of the Holy Trinity, in the 25th. year of Queen Elizabeth, which day Judgement was given as followeth. At which day, here cometh as well the aforesaid Walter Parker, by his Attorney aforesaid, as the aforesaid Nicholas Francis, by William Aylesbury his Attorney. And upon this, The premises being seen, and by the Justices here fully understood, It seemeth to the Justices here, That the aforesaid seisin of Fealty, and Suit of Court aforesaid, is a good and sufficient seisin of the whole Services aforesaid; Therefore it is granted, That the aforesaid William Parker, take nothing by his Writ aforesaid, but be in mercy for his false clamour. And the aforesaid Nicholas Francis, thereof go without day, and that he have return of his  aforesaid, to be kept by him irreplegible for ever, etc. It is also granted, That the aforesaid Nicholas Francis recover against the aforesaid Walter Parker, his damages aforesaid to 41. shillings, by the Jurors in form aforesaid assessed, as also 13. pound to the said Nicholas, at his request for his costs and charges aforesaid, by the Court here of Increase adjudged, which damages in the whole do amount to 15. pound, 1. shilling, etc.   

REPLEVIN.  
Trinity Term, Anno 7 more. JACOBI, Rot. 3661. in 
Salop.  the COMMON-PLEAS, Co. 8. part, John Talbotts Case.  
IOhn Pendleton, was attached by the Writ of the Lady the Queen of second deliverance, to answer to John Chapman of a Plea, wherefore he took the  of him the said John Chapman, and them unjustly detained against Gauges, and Pledges, etc. And whereupon, The said John Chapman, by Thomas Salter his Attorney complaineth, That the aforesaid John Pendleton the second day of September, in the year of the Lord the King that now is of England, etc. the 6th. at Albrighton, in a certain place, called Bromly took his , that is to say, two Bullocks of the said John Chapman, and them unjustly detained against Gauges, and Pledges until, etc. whereupon he saith, that he is the worse, and hath damage to the value of 20. pound, and thereof he bringeth suit, etc. And the aforesaid john Pendleton, by Nicholas Gibbens his Attorney cometh, and defendeth the force and injury when, etc. and as Bailiff of Jo. Talbot Esquire, doth well avow the taking of the  aforesaid, in the aforesaid place in which, etc. and justly, etc. Because he saith, That the place in which it is supposed the taking aforesaid to be done, doth contain, and at the time of the taking thereof above supposed to be done, did contain in itself 3. Acres of Pasture, lying in the aforesaid field, called Bromley in Albrighton aforesaid; and that long before the taking of the  aforesaid supposed to be done, One John Chapman Father of the now Plaintiff, was seized of the aforesaid 3. Acres of Pasture, with the appurtenances in which, etc. in his demesn as of Fee, and the said 3. Acres of Pasture, with the appurtenances in which, etc. held of the aforesaid John, as of his Manor of Albrighton in the County aforesaid, by Fealty and the Service of doing suit, at the Court of the said John Talbot, of his Manor aforesaid, from 3. weeks, to 3. weeks, at that Manor to be holden. As also by the service of rendering after the death of every Tenant of the said 3. Acres of Pasture, with the appurtenances in which, etc. dying thereof seized, the best Beast which should be of such Tenant, at the time of his death, in the name of a Heriot; of which services the aforesaid John Talbot, was seized by the hands of the aforesaid John Chapman the Father, as by the hands of his very Tenant, that is to say, of the Fealty and suit of Court aforesaid, as of Fee and right, and of the Heriot aforesaid, in his demesn as of Fee. And the said John Chapman the Father of the three Acres of Pasture, with the appurtenances in which, etc. in his demesn as of Fee in form aforesaid being seized, afterwards, and before the time in which, etc. At Albrighton aforesaid, of such his Estate died thereof so seized. And the said John Pendleton further saith, That the aforesaid John Chapman the ●●ther, at the time of his death, at Albrighton aforesaid, was possessed o● an Ox, of the price of 100 shillings as his proper Ox, which Ox was the best Beast of the aforesaid john Capman the Father, at the time of his death, whereupon sell the Heriot thereof to the aforesaid john; and because the Heriot aforesaid, after the death of the aforesaid john Chapman the Father th● said time in which, etc. was behind not delivered, the said said john Pendleton▪ as Bailiff of the aforesaid john Talbot, doth well avow the taking of the  aforesaid, in the aforesaid place in which, etc. and justly, etc. for the Heriot aforesaid not delivered, as within his Fee and Lordship, etc. And the said john Chapman now Plaintiff saith, That the aforesaid john Pendleton, as Bailiff of the aforesaid john Talbot, in the cause above before alleged, ought not avow the taking o● the  aforesaid to be just, Because he saith, That long be●ore the aforesaid time of the taking aforesaid done, and before the aforesaid john Chapman the Father, had any thing in the said 3. Acres of Pasture, with the appurtenances in which, etc. One ●ohn carny was seized of a Message, and of half a Yard Land of Meadow, and Pasture, with the appurtenances, containing by estimation, 50. acres in Albrighton aforesaid, whereof the said 3. Acres of Pasture, with their appurtenances in which, etc. were parcel in his demesn as of Fee, and the said Message, and one half Yard of Land, Meadow, and Pasture wholly, with the appurtenances whereof, etc. held of the aforesaid john Talbot, as of his Manor of Albrighton aforesaid by Fealty, and doing suit at the Court of the said john Talbot of his Manor aforesaid, from 3. weeks, to 3. weeks, at that Manor yearly to be holden, as also by the service of rendering after the death of every Tenant of the said Message, and half Yard Land of Meadow and Pasture wholly with the appurtenances whereof, etc. dying thereof seized, the best Beast that was to such Tenant, at the time of his death in the name of a Heriot. And the said John Barny of the Message, and half Yard Land, of such Meadow and Pasture, with the appurtenance●, wholly in form aforesaid, being seized long before the time of the taking, etc. that is to say, the first day of May, in the year of the Reign of the Lady the Queen that now is the 32th. of the said 3. Acres of ●and, parcel of the aforesaid half Yard Land of Land, Meadow, and Pasture, with the appurtenances whereof enfeoffed the aforesaid, ●ohn Talbot, To have and to hold to the said John Talbot, his Heirs and Assigns for ever. By virtue of which Feoffment, the aforesaid john Talbot was, and yet is seized of the aforesaid 3. Acres of Lands parcel, etc. in his demesn as of Fee; and he the said john so being thereof seized, and the aforesaid john Barny of the Message aforesaid, and the rest of the aforesaid half Yard-Land, of Meadow and Pasture, with the Appurtenances whereof, etc. in form aforesaid being seized, The said john Barny afterwards, and before the time of the taking aforesaid done, 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 36th. of the aforesaid 3. Acres of Pasture with the appurtenances in which, etc. Enfeoffed, the aforesaid john C●apman the Father, and his Heirs for ever; By virtue of which Feoffment, the said john Chapman the Father, was seized of the said 3. Acres of Pasture with the appurtenances in which, etc. in his demesn as of Fee, and so thereof being seized, the said john Chapman the Father after, and before the time of the taking▪ etc. At Albrighton aforesaid, of such his Estate of, and in the same 3. Acres of Pasture, with the appurtenances in which, etc. died thereof seized, after whose death, the said 3. Acres of Pasture with their appurtenances in which, etc. descended to the said john Chapman now Plaintiff, as Son and Heir of the said john Chapman the Father: By which the said john Chapman now Plaintiff, into the 3. Acres of Pasture, with the appurtenances in which, etc. entered, and was, and yet is thereof seized in his demesn as of Fee; and so thereof being seized, The said john Chapman the now Plaintiff, before the time of the taking, etc. put his  into the aforesaid Place in which, etc. to eat the Grass in the same then growing, as it was lawful for him to do, which Cattles were in the place aforesaid, in which eating the Grass there growing, until the said john Pendleton, the aforesaid second day of September, in the year of the Reign of the Lord the King that now is, the 6th. abovesaid, at Albrighton aforesaid, in the afores. place, called Bromley Wake, the  of him the said Io. Chapman aforesaid, & them unjustly detained against Gauges and Pledges until, etc. as he above against him complaineth; & this he is ready to aver, wherefore in as much as the aforesaid john Pendleton the taking of the  aforesaid, in the aforesaid place in which, etc. to Bar, and that he to that Plea in manner and form aforesaid pleaded needeth not, nor by the Law of the Land, is bound to answer, wherefore, for want of a sufficient Plea in Bar, in this behalf the said john Pendleton, demands Judgement, and Return of the Cattle aforesaid, together with his damages to be adjudged unto him; And the aforesaid john Chapman now Plaintiff, in as much as he sufficient matter in Law, to Bar the aforesaid John Pendleton, from justly avowing the taking of the  aforesaid, in the place in which, etc. above hath alleged, which he is ready to aver, which matter the aforesaid John Pendleton, doth not deny, nor to the same any ways answereth, but refuse to admit the same averment, as at first demandeth Judgement, and his damages by the occasion of the taking, and unjust detaining of the same  to be to him adjudged, etc. And because the Justices here, will avise themselves of and upon the premises, before they give their Judgement thereof; Day is given to the parties, etc.   

REPLEVIN.  
Trinity Term, Anno 6 to. of King James Rot. 1611. in the COMMON-PLEAS, C. 9 part Henry Conneys' Case.  
BArtholmew Colpit, was summoned to answer to john Crane of a Plea, wherefore he took the  of the said John, and them detained against Gauges and Pledges; and whereupon, The said john, by Thomas Ganton his Attorney complaineth, that the aforesaid Bartholomew the 19th. day of October, in the year of the Reign of the Lord the King that now is, the 5th. at Fidde St Giles, in a certain place there containing in it, two Acres of Pasture the , that is to say, 3. Steers of the said john, etc. & them unjustly detained against Gauges & Pledges until, etc. whereupon he saith, he is the worse, and hath damage to the value of 20. pound; and thereof bringeth suit, etc. And the aforesaid Bartholomew, by William Dany his Attorney cometh and defendeth the force and injury, etc. and as Bailiff to john Welby Esquire, doth well acknowledge the taking of the  aforesaid, in the place in which, etc. and justly, etc. Because he saith, that the said place, in which it is supposed the taking of the  aforesaid to be done doth contain, & aforesaid time in which it is supposed, the aforesaid taking to be done, did contain in itself, 2. Acres of Pasture with the appurtenances, in Fidde Saint Giles aforesaid, lying there in a certain Field, called South graftfield, near the Lands foot, of Richard Welby Gent. sometimes Richard Delaland on the part of the North, and the Kirkland on the part of the West; and that one Henry Conny Esquire before the time, in which was seized of the aforesaid 2. Acres of Pasture with the Appurtenances in which, etc. in his demesn as of Fee, and held the same of one William Stermin Esquire, as of his Manor of Richards, with the Appurtenances, in Tidde St. Giles aforesaid, by Fealty, and the Rent of 13d. yearly, at the Feast of Saint Michael the Archangel to be paid, as also by the Service of doing Suit at the Court of the said William Stermin of his Manor aforesaid, from 3. weeks, to 3. weeks, upon seasonable warning at the Manor aforesaid to be holden: Of which Services the said William Stermin, was seized by the hands of the aforesaid Henry Conny, as by the hands of his very Tenant, that is to say, Of the Fealty and Suit of Court aforesaid, as of Fee and Right, and of the Rent aforesaid, in his demesn as of Fee, Of which Manor with the Appurtenances, the aforesaid William Stermin was seized in his demesn as of Fee, and so thereof being seized, the aforesaid William Stermin, before the time in which, etc. Of the aforesaid Manor with the Appurtenances, the aforesaid John Welby enfeoffed. To have and to hold to the said Joh. Welby, his Heirs & Assigns for ever. To which Feoffment by the aforesaid William Stermin to the aforesaid John Welby in form aforesaid made, the aforesaid Henry Conny afterwards, and before the time in which, etc. that is to say, the first day of November, in the year of the Reign of Lord the King that now is the first then, of the aforesaid two Acres of Lands, with the Appurtenances in form aforesaid being seized at Fidde St. Giles aforesaid attorned: By colour of which Feoffment and attorment aforesaid. The said John Welby was, and yet is seized of the Manor aforesaid, with the Appurtenances in his demesn as of Fee; and because 40. shillings, and 4 pence, of the Rent aforesaid, for 4. whole years, was at the Feast of St. Michael the Archangel, in the year of the Reign of the Lord the King that now is the 5th. and after the Attornment aforesaid, in form aforesaid had, to the aforesaid John Welby, the aforesaid time in which, etc. behind, not paid, The said Bartholomew as Bailiff of the aforesa. Jo. Welby, doth well acknowledge the taking of the  aforesaid, in the aforesaid place in which, for the aforesaid 4. shillings, and 4. pence, of the Rent aforesaid, so being behind, and justly, etc. as within his Fee and Lordship. And the aforesaid John Crane saith, That the aforesaid Bartholomew, as Bailiff of the said John Welby, for the cause above alleged, the taking of the  aforesaid, in the aforesaid place in which, ought not avow to be just, Because by Protestation, that the aforesaid Henry Conny, held not the aforesaid 2. Acres of Land with the Appurtenances, of the aforesaid William Stermin, as of his Manor of Richard's aforesaid, by Fealty and the Rent of 13. pence, for every year at the Feast of Saint Michael to be paid, as also by the Service of doing Suit at the Court of the said William Stermin, of his Manor aforesaid, from 3. Weeks to 3. Weeks, upon reasonable warning, at that Manor to be holden, as the said Bartholomew above hath alleged. And for Plea he saith, That the aforesaid Henry, before the time of the taking aforesaid done, & at the time of the taking, etc. was, & yet is seized, of the aforesaid 2. Acres of Pasture with their Appurte. in his demesnas of Fee, & held the same of Martin by Divine Providence, than Bishop of ●ly, as of his Manor of Fidde St. Giles, with the Appurtenances, in Fiddy Saint Giles aforesaid, by Fealty only for all Services; Without that, that the aforesaid Henry, at Fidde Saint Giles aforesaid, to the aforesaid John Welby attorned Tenant, in manner and form, as the said Bartholomew above hath alleged. And this he is ready to aver, Wherefore for as much as the aforesaid Bartholomew, the taking of the  aforesaid, in the aforesaid place in which, etc. above acknowledgeth. The said John demandeth Judgement and his damages, by the occasion of taking of the said  to be to him adjudged, etc. And the aforesaid Bartholomew, as at first saith, That the said Henry, did attorn Tenant to the aforesaid John Welby, in manner and 〈◊〉 as the said Bartholomew above hath alleged. And o● this puts 〈…〉 lf up●● the Country, and the said John likewise; Therefore it is commanded to the Sheriff, that he cause to come here from the day of the Holy Trinity, in 3. Weeks 12. etc. By whom, etc. And who neither, etc. Because as well, etc. And afterwards, the day and place within contained, before Edward Coke Knight, Chief Justice of the Lord the King of the Bench, and William Daniel Knight, one of the Justices of the Lord the King of the Bench aforesaid, Justices of the said Lord the King to Assizes, in the County of Cambridge to be taken assigned, by the ●orm of the Statute, etc. this turn associated, (the presence of the aforesaid William Daniel not expected,) by virtue of the Writ of the said Lord the King of 〈◊〉 etc. came as well the within named John Crane, as the within written Bartholomew Colpit, by their Attorneys within contained. And the Jurors of the Jury, whereof within mention is made, being called, come, who to say the truth of the within contained, chosen, tried, and sworn, say upon their Oath, That the within named Henry Conny, before the time within written, in which, etc. was seized o● the within written 2. Acres of Pasture with the Appurtenances▪ in which, etc. in his demesn as of Fee, by descent from his Father; And that the said Henry, the said 2. Acres of Pasture with the Appurtenances, held of the within named William Stermin, ●s of his Manor of Richards with the Appurtenances in Fidde St. Giles within written by Fealty, and the Rent of 13. pence, at the Feast of Saint Mi●hael the Archangel to be paid, as also by the service of doing Suit at the Court of him the said William Stermin of his Manor aforesaid, from 3. weeks, to 3. weeks, upon reasonable warning, at the Manor aforesaid, yearly to be holden; and that of the services aforesaid, the said William Stermin, was seized by the hands of the aforesaid Henry Conny, as by the hands of his very Tenant, that is to say, of the Fealty and Suit of the Court aforesaid, as of Fee and Right; and of the Rent aforesaid, in his demesn as of Fee, as the aforesaid Bartholomew within hath alleged; And further, the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid William Stermin, of the Manor aforesaid with the Appurtenances, was seized in his demesn as of Fee, And so thereof being seized, The said William Stermin, before the within written time in which, etc. of the said Manor with the Appurtenances, enfeoffed the within named John Welby, To have, and to hold to the said John Welby, his Heis and Assigns forever. And that the aforesaid Henry Conny, being of the Age of 20. and within the Age of 21. years, at the aforesaid Feoffment, by the said William Stermin, to the aforesaid John Welby, in form aforesaid made, of the aforesaid 2. Acres of Pasture with the Appurtenances, in form aforesaid being seized, at Fidde Saint Giles aforesaid agreed, and the payment of the Rent aforesaid, to the aforesaid John Welby promised. And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Court here, That the agreement of the aforesaid Henry Conny, to the Feoffment aforesaid, and his promise of the payment of the Rent aforesaid, so as before is said, by him the said Henry Conny, he being within the Age of 21. years, are an Attornment; Then the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid Henry did Attorn Tenant to the aforesaid John Welby, in manner and form, as the aforesaid Bartholomew Colpit within hath alleged; And if upon the whole matter aforesaid, by the Jurors in form aforesaid found, it shall seem to the Court, That the Agreement of the said Henry Conny, to the Feoffment aforesaid, and his promise aforesaid, of payment of the Rent aforesaid, so as before is said, by him the said Henry, being within the age of 21. years, be not an Attornment. Then the Jurors say upon their Oath aforesaid, That the said Henry Conny, did not Attorn Tenant to the aforesaid John Welby, as the aforesaid John Crane in pleading hath alleged, and then they assess the damages of the said John, by occasion within written, besides his costs and charges by him about his Suit expended to 12. pence, and for his costs and charges to 5. shillings. Therefore, etc.    

RESTITUTION.  

Trinity Term, Anno 13. JACOBI, Rot. 23. in the KINGS-BENCH, C. 11. part, James Bags Case. fol. 93. a.  
JAMES by the Grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, etc. To the Mayor and Cominalty of the Borough of Plymouth, in the County of Devon greeting, etc.  
Whereas, James Bagg, one of the 12. Chief Burgesses, or Magistrates of the Borough aforesaid, according to the custom of the Borough aforesaid, hithereto used, was duly chosen and made. And whereas the same James, in the Office in of the 12. Chief Burgesses or Magistrates of the Borough aforesaid, a long time carried, and well governed himself; Yet you the Mayor and Cominalty of the Borough aforesaid, little regarding the aforesaid james, unduly and without reasonable cause, from the Office of one of the 12. Chief Burgesses and Magistrates of the Borough aforesaid, unjustly, and have amoved, in contempt of us, and to the no little damage and grievance of him the said james, and the hurt of his Estate, as we by his complaint have understood; We therefore to the said james, willing, due, and speedy Justice to be done in this behalf, as is just, command you, and every of you, as before time we have you commanded, firmly enjoying you, That immediately after the Receipt of this Writ, the aforesaid james, in the aforesaid Office of one of the 12. Chief Burgesses or Magistrates of the Borough aforesaid you restore, with all the Liberties, Privileges, and Commodities, to the Office aforesaid, belonging and apperteining, Or that you signify the cause thereof unto us, lest in your default, complaint, thereof again to us come; And how this our Writ shall be executed to us, from the day of Holy Trinity, in three Weeks, wheresoever we shall be England, you make it to appear under the penalty of 40. pound, this our Writ then sending back, etc. Witness E. Coke, at Westminster the 12th. day of June, in the year of our Reign of England, France, and Ireland the 13th. and of Scotland the 48th. By the Term of Trinity, Anno 130. Jac. King JAMES, Rot. 23. Execution of this Writ doth appear in a certan Schedule to this Writ annexed, John Clement Mayor, The Answer of the Mayor and Cominalty of the Borough of Plymouth to the Writ, to this Schedule annexed, According to the command of the Writ aforesaid, To the Lord the King we most humbly certify, That the Lady Elizabeth late Queen of England, by her Letters Patents with the great Seal of England sealed, bearing date at Westminster, the 28th. day of February, in the 43th. year of her Reign, for herself, her Heirs and Successors, granted to the Mayor and Cominalty of the Borough of Plymouth aforesaid, and their Successors amongst other things, That the Mayor and Recorder of the Borough aforesaid, for the time being, the time that they should happen to be in their Offices; And further, the Predecessors of the said Mayor then alive, and for the time being and their Successors, should be Justices of the said late Queen, her Heirs and Successors, to keep the Peace in the said Borough, and within the Limits, Precincts, and Liberties thereof, and to be kept, and to cause to be conserved and kept, without any Command, Commission, or Warrant for the same to be had, or to be obtained: And further to the said Lord the King, we certify, That within the Borough aforesaid, there is, and time whereof the Memory of Man is not to the contrary, there was a Usage and Custom, That the Mayor and 12. chief Burgesses of the same Borough, stood, and were of the private Council of the Borough aforesaid, and 24. of the other most discreet Burgesses of the Borough aforesaid, for the time being, to this chosen and sworn stood, and were, together with the aforesaid Mayor, and 12. Chief Burgesses of Common Council, of the Borough aforesaid, for the regulating and government of the same Borough. And that every such Burgess, who was chosen into the fellowship of the 24. Burgesses of the Common Council aforesaid, before he was to be admitted to the said fellowship, should take corporal Oath before the Mayor of the same Borough, for the time being, that he should carry himself well and honestly, as well towards the Mayor of the Borough aforesaid, for the time being, and to them from time to time should show Reverence, and that he should maintain and uphold the Liberties and common Profit of the Borough aforesaid, with his best Counsel and Advice; And further, we Certify, That every one of the aforesaid 12. Chief Burgesses, from time to time chosen, should be preferred by the Mayor of the Borough aforesaid, or the rest of the aforesaid 12. Chief of the Burgesses, or by the greater part of them, for the time being, only without the consent, or assent of the aforesaid 24. the other Burgesses who are (as before is said) of the Common Counsel of the Borough aforesaid, to this required. And further, we Certify, That the aforesaid James Bag, the first day of May, in the year of the Reign of the Lady Elizabeth, late Queen of England the 32th. was duly chosen and appointed, one of the aforesaid 24. of the Burgesses of the Common Council, of the Borough aforesaid then being, and the said first day of May, in the 32th. year aforesaid, at Plymouth aforesaid, took Corporal Oath, before the Mayor of the Burrow aforesaid, according to the ancient Custom aforesaid. That he the said James, would carry him well & honestly, as well towards the Mayor of the Borough aforesaid, for the time being as towards the other 12. chief Burg. of the said Borough for the time being, and to them from time to time, would show Reverence, and the Liberties, and Common profit of the Borough aforesaid, would maintain, and uphold with his best Counsel and advise. And further to the Lord the King we Certify, That the aforesaid Borough of Plymouth, is situate so near to the shore and Sea Coasts, That by reason thereof, and by reason of the daily meeting there, of Ships and Vessels there coming, as well from the parts beyond the Seas, as from elsewhere, many ill minded men, as well Allens, within born, of evil and perverse conversation, contemners of good Government, and disturbers of the Peace, in the Ships and Vessels aforesaid thither coming, in the Borough aforesaid, and within the Liberties and Precincts of the same staying and remaining are daily found, who can hardly be there brought to the obedience of good Rule and Government, unless the Authority of the Mayor of the Borough aforesaid for the time being, and of the other Chief Burgesses aforesaid, with due reverence of the other Burgesses, and Inhabitants of the said Borough be fortified, and the Persons of the said Chief Burgesses, and of the Mayor from the contempt of the vulgar be preserved. And further to the said Lord the King we certify, That the aforesaid James Bag, not ignorant of the premises, little regarding his Oath aforesaid, and the Authority as well of the Mayor of the Borough aforesaid for the time being, as his late Predecessors aforesaid, as the other the Chief Burgesses, of the Borough aforesaid, setting naught by, and labouring, and intending, to bring the same Authority into contempt. The first day of May, in the year of the Reign of the Lord the King that now is the 6th, the said James being then one of the Common Counsel of the Borough aforesaid, and one of the Chief Burgesses of the same Burough, in the presence of one Robert Trelawny, then being Mayor of the Burrow aforesaid, and of many other of the Inhabitants of the Burrow aforesaid, at Plymouth aforesaid, within the Burrow aforesaid contemptuously, and malapartly, carried himself as well in gesture, as in words toward the Mayor aforesaid; and then and there, to the aforesaid Robert Trelawny contemptuously, and scoffingly, without any reasonable cause, these words following openly and publicly said and spoke; that is to say. You, (the aforesaid Robert Trelawney intending) are some Prince, are you not? And further to the said Lord the King we certify, That afterwards, that is to say, the first day of February, in the year of the Reign of the Lord the King that now is, the 7. the aforesaid, James Bag continuing his evil disposition, and intention aforesaid, at Plymouth aforesaid, in the presence and hearing of the aforesaid Robert Trelawny, then being a Justice of the Peace of the aforesaid Lord the King, within the Burrow aforesaid to be kept, by reason of Mayrolty of the Burrow aforesaid, the year than last passed, by virtue of the Letters Patents aforesaid, and in the presence and hearing of very many other of the Inhabitants of the Burrow aforesaid, openly, publicly, and with a loud voice, without any reasonable cause, these words following, contemptuously, falsely, and scandalously said and spoke, that is to say, you, (the aforesaid Trelawny intending) are a Cozening Knave, whereas in truth, the said Robert Trelawny all his life time honestly, and from all suspicion of any falsity, fraud, or deceit, lived altogether unspected, and in the Offices, as well of the Mayriolty, as of Chief Burgess, of the Burrow aforesaid with praise, carried and governed himself; And further to the said Lord the King, we do Certify, That the 20th. day of November, in the year of the Reign of the said Lord the King, that now is the 7th. The aforesaid James Bag, continuing his evil disposition, and intent aforesaid, at Plymouth aforesaid, seditiously, and maliciously, stirred up, and persuaded one Thomas Shervil then being of the Chief Burgesses of the Burrow aforesaid, That he the said Thomas would join himself with the aforesaid James Bag in a conspiracy to amove, and depose, One John Battersby, then being Mayor of the Burrow aforesaid, from his Office of Mayriolty, without any reasonable, or lawful cause; and then and there maliciously▪ and contemptuously spoke to the aforesaid Thomas Shervill, of the aforesaid Thomas Battersby, these words following, that is to say, Master Mayor (the aforesaid John Battersby intending) carrieth himself foolishly in this place; And if you will join with me, we will turn him out of his Mayriolty, and choose a wiser Man in his place; Whereas in truth, the aforesaid John Battersby, during the whole time of his Mayriolty aforesaid, in the executing of his Office aforesaid, carried himself well and discreetly, and with great Integrity and gravity: And further, to the said Lord the King we Certify, That afterwards, that is to say, the first day of February, in the year of the Reign of the said Lord the King that now is the 8th. the aforesaid James Bag, continuing in his evil disposition and intent aforesaid, at Plymouth aforesaid, in the Guild-hall of the Borough aforesaid, in the presence of one Thomas Fowens, then being Mayor of the Borough aforesaid, in the presence and hearing, as well of the Chief Burgesses, as of the other Inhabitants of the Borough aforesaid, scornfully, and without reasonable cause, spoke to the aforesaid Thomas Fowens, these false and injurous words following, that is to say; Thou (the aforesaid Thomas Fowens, than Mayor intending) art an Insolent Fellow, whereas in Truth, the said THOMAS, in the whole course of his Life, bore himself towards all Men, Honestly, Civil, and with Praise. And further to the said Lord the King we certify, that the afterwards, that is to say, the first day of August, in the year of the Reign of the said Lord the King that now is the 9th. at Plymouth aforesaid, in the presence and hearing of the aforesaid Thomas Fowens, and of very many other of the Burgesses of the Burough aforesaid, being gathered together in the Guild Hall of the Burough aforesaid, the aforesaid James Bag, continuing his evil disposition and intent aforesaid, divers contemptible words of the aforesaid Thomas Fowens, then being Mayor of the Burrow aforesaid, with a loud voice spoke and uttered, upon which, the aforesaid Thomas Fowens, with mild words admonishing the aforesaid James Bag, that he would desist from uttering such contemptible words aforesaid, the aforesaid James Bagg thereupon then and there, that is to say, the 10th. day of August in the 9th. year abovesaid, at Plymouth aforesaid, and in the presence and hearing of the aforesaid Thomas Fowens, than Mayor of the Burrow aforesaid, and very many other of the Burgesses and Inhabitants of the Burrow aforesaid, and in contempt and disdain, of the said Thomas Fowens then Mayor turning the hinder part of his Body, in an unhuman and uncivil manner towards the aforesaid Thamas Fowens, scoffingly, contemptuously, and uncivilly, with a loud voice, said to the aforesaid Thomas Fowens, these words following, that is to say, (come and K●ss) And further to the said Lord the King we certify, that afterwards, that is to say the 20th. day of August, in the year of the Reign of the Lord the King that now is the 19th. at Plymouth aforesaid, the aforesaid James Bag with most arrogant words, threatened the said John Fowens then being Mayor o● the Burrow aforesaid, without any reasonable cause; and then and there, to the said John Fowens threateningly and maliciously spoke the words following, that is to say, I will make thy neck crack. And further to the said Lord the King we certify, that afterward, that is to say, the third day of May in the year of the Reign of the Lord the King that now is the 12th. A certain Order, and friendly Instrument of admonition was made by john Scobb Mayor of the Burrow aforesaid, and the greater part of the Chief Burgesses of the same Burrow, in these words, that is to say, The 9th. day of May 1614 the day and year above written, It was agreed by John Scobb Mayor, and such other of the Masters here under written, that if Mr. james Bagg the Elder, do not before the next session's, to be holden within the Burrow of Plymouth, Reconcile himself to the said Mayor and his brethren, for such wrongs as he hath committed against them, and withal faithfully promise to demean himself more orderly & temperately for the time to come, that then he shall be clean removed from the Bench, and a new Master chosen in his Room, which Order or Instrument was made and subscribed by the said Mayor and other of the Chief Burgesses of the Burrow aforesaid. And further to the said Lord the King we Certify, That the aforesaid James Bag before the aforesaid next sessions in the Order aforesaid mentioned, did not make any such reconciliation or promise of Conformity, as in the Order aforesaid is specified, although full notice of the aforesaid Order, immediately after the making thereof, & before the aforesaid next sessions was given to him at Plymouth aforesaid. And further to the said Lord the K. we Certify, that afterwards, that is to say, the 20th. day of Febr. in the year of the Reign of the said Lord the K. that now is the 12th. the afores. Jam. Bag, continuing his evil disposition▪ & in his intent aforesaid, at Plymouth afores. in the Guild-hall of the Borough aforesaid, in the presence & hearing of John Scobb, one of the Chief Burgesses of the Borough aforesaid, And then being a Justice for the keeping of the Peace within the Borough aforesaid, by virtue of the Letters Patents aforesaid, by reason of his Mayralty of the Borough aforesaid, the year than next before, and in the presence and hearing of the then Mayor of the Borough aforesaid, and of divers other of the Burgesses and Inhabitants of that Borough, contemptuously these words following, spoke & uttered of the aforesaid John Scobb, openly, and publicly, falsely, and scandalously, that is to say, You (the aforesaid John Scobb intending) are a Knave, whereas the aforesaid John Scobb, honestly, and with praise carried, and governed himself. And further, to the said Lord the King we Certify, That afterwards, that is to say, the 10th. day of December last passed, than the Mayor of the said Borough, and divers of the Chief Burgesses of the Borough aforesaid, at Plymouth aforesaid, being assembled together in the Almshouse of the said Borough, to require and receive an Account of the Overseers of the Borough of the Borough aforesaid, as in times past, and time whereof the Memory of Man is not to the contrary it was used, the aforesaid James Bag, then and there in the presence and hearing of the said Mayor, and other of the Chief Burgesses aforesaid, without any reasonable cause openly and publicly said to the said Thomas Shervill, there then present, and one of the Chief Burgesses of the Burrow aforesaid, and for the space of 10. years then last past being, these false and scandalous words following; that is to say, You, (the said Thomas Shervill intending) are a seditious Fellow, whereas in Truth, the aforesaid Thomas Shervill, always lived not suspected of any such crime of Sedition, and from time in the Office of Mayor, of the Burrow aforesaid, as in the place and Office of Chief Burgess, Honestly, Discreetly, and with great Integrity, carried and governed himself. And further, to the said Lord the King we Certify, That whereas the said Lord the King, the— day of January, in the 12th. year of his Reign aforesaid, at Westminster in the County of Middlesex, with the Advise of the Lords of his Privy Council of this his Realm of England, Ordained and Commanded, by public Proclamation, and by Letters written under the proper Hands of divers 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 Laws 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 Victuallers, 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 dress any Flesh for Victuals, all the said time of Lent then next following; And whereas afterwards, that is to say, the 20th. day of February, in the 12th. year aforesaid, One John Clement, then, and yet Mayor of the Burrow 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 Victuallers, Innkeepers, 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 endeavoured, within the Burrow aforesaid, The aforesaid James Bag, 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 divers Inhabitants of the Burrow aforesaid, and other of the King's liege People then being, and having then and there speech with the aforesaid James Bag, of and upon the business aforesaid, openly and publicly spoke 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 Victuallers, Innkeepers, 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, divers Victuallers, 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 certify, that the aforesaid Mayor and Commonalty of the Burrow of Plymouth, and their predecessors, time whereof the memory of men is not to the contrary, had and used to have within the Burrow 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 Commonalty from the whole time aforesaid, quietly and peaceably were possessed of, until the aforesaid Ja. Bagg the 29th. day of Nou. in the year 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 Burrow aforesaid, to them revealing divers secret counsels concerning the common profit of the Burrow aforesaid; and them the said William and Thomas then and there persuaded, that they no more should pay the aforesaid custom of wine called Wine-weight, otherwise Wine-wite, nor any sum of money for the same to the aforesaid Mayor and Commonalty, which very day, the 29th. day of November, in the 4th year aforesaid, the aforesaid James Bag, being then one of the 12. Chief Burgesses of common Council of the Burrow aforesaid, at Plymouth aforesaid, perfidiously, and maliciously, spoke 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 Commonalty 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 divers Strifes, and Controversies are risen, and hereafter are like to arise, betwixt the aforesaid William Bently, and Thomas Lyde, and the aforesaid Mayor and Commonalty, for the Custom of Wine aforesaid, and the Farm aforesaid, to the great damage and prejudice of the aforesaid Mayor and Commonalty: And further to the said Lord the King we Certify, that the aforesad James Bagg the first day of May, in the year of the Reign of the Lord the King that now is the 12th. and divers other days and times then before, at Plymouth aforesaid, perfidiously said to divers Inhabitants of the Burrow aforesaid, and to other the liege 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 Burrow 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 Commonalty, as before is said granted, And that he the said James the liberties & privileges of the Burrow aforesaid, would call in question, and the same Privileges and Liberties overthrow. And further to the Lord the King we Certify, that afterwards, that is to say, the 17th. day of April now last passed, the aforesaid James Bag in the said Writ named, for the Causes aforesaid, by the Mayor and Commonalty of the Burrow aforesaid, from the Office of one of the Chief Burgesse● and Magistrates of the Burrow aforesaid, was amoved, etc. 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 year 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 PRINCE'S 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, etc. 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 year 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 of England, who should be Inheritable to the Kingdom of England, should be Duke of Cornwall, and that the Duchy 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  Son of the Kings of England, should have, and enjoy towards their Maintenance and support of their Princely State All the whole Duchy of Cornwall, and all Castles, Honours, Lordships, Manors, Lands, Tenements, and all and singular Hereditaments to the said Duchy belonging or appertaining, or reputed or taken to be part, parcel, or member of the same Duchy. And whereas, the said late King Edward the 3d. in the aforesaid Parliament, in the year 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 Duchy 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 Duchy 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 yearly 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 Honours 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 Knight's Fees, Advowsons' of Churches, Abbeys, Priories, Hospitals, Chapels, and with Hundreds, Fishings, Forests, 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, Honours, 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 Duchy annexed and united, to remain to the said Durchy for ever, So as from the said Duchy 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 ways 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 Duchy, by colour of the Grants aforesaid it should belong, not appearing, the said Duchy with the aforesaid Castle, and other the premises being granted, to the aforesaid late King, or his Heirs, Kings of England, should return 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 Duchy 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 year of the Reign of the said Lord late King Henry the 8th. the 31th. and by divers Prorogations continued, until the 25th. day of May, in the year 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. year aforesaid, Reciting; That whereas in the Parliament holden, in the 11th. year 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 Duchy 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 Maintenance and support of his Princely Estate, the whole Duchy of Cornwall, and all Honours, Dominions, Manors, Lands, Tenements, and all other Hereditaments belonging or appertaining to the said Duchy, or reputed, or taken to be part, parcel, or Member of the said Duchy: 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 Duchy; Which Manor and Castle, lay near 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 appendent, 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 Honour and Castle, or any member thereof, should be from thenceforth for ever by authority of the said Parliament severed, disannexed and dismembered from the said Duchy 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 Duchy 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 Manors, Castle, Lands, Tenements and Hereditaments, being part, parcel or member of the said Honour of Wallingford, to all intents & purposes as were in any manner belonging, apertaining or used in or to the said Honour of Wallingford. And that the like process, suits and pleas should be for ever holden, received and should be used in the said Honour of Newline, otherwise Eweline, as at the first day of the same Parliament were used or exercised in the said Honour of Wallingford: And that the said late King Henry the 8th. should have to him, his Heirs and Successors for ever, the said Honour and Castle of Wallingford, and all Lordships, Manors, Lands, Tenements and other Hereditaments whatsoever, appertaining to the said Honour or Castle, or reputed, or taken to be any part of the possessions, or parcel or member of the said Honour and Castle, from thence for ever to be severed and divided from the aforesaid Duchy: And that the said Honour and Castle of Wallingford, from thence for ever should be named and called the Castle and Manor of Wallingford. And also that the said Castle and Manor of Wallingford, and all Lordships, Manors, Lands, Tenements, and other Hereditaments whatsoever, which then should be belonging or appertaining to the said Manor, or reputed or taken to be any part, parcel or member thereof; and all manner of Liberties, Franchises, Privileges, Royalties and Jurisdictions before that used within the said Honour of Wallingford, from thence for ever should be united, annexed, knit, adjudged, deemed, accepted, reputed and called part, parcel and member of the said Honour of Newelm, otherwise Ewelm in the aforesaid County of Oxford: And further it was enacted by Authority of the aforesaid Parliament of the aforesaid late King Henry the 8th. That all and singular person and persons who then held any Manors, Lands, Tenements, or Hereditaments of the aforesaid late King Henry the 8th. and of the most excellent and undoubted Prince Edward, the Son and Heir apparent of the said late King Henry the 8th. as of the said Honour of Wallingford, or of any other Lordships or Manors being parcel or member of the said Honour of Wallingford, from thence for ever after should hold their said Manors, Lands, Tenements, and Hereditaments of the said late King Henry the 8th. his Heirs and Successors, as of the aforesaid Manor and Castle of Wallingford, or of the said Lordships or Manors being parcel and members of the said Honour of Wallingford, parcel of the said Honour of Newelm, otherwise Ewelm, by the said Rents, Suits, Customs and Services, as they and every of them held, paid, or did before the making of the said Act of Parliament, and not by more, or other Rents, Suits, Customs or Services: Saving to every person and persons, Bodies Corporate, Politic, their Heirs and Successors, and to every of them, other than the most excellent and undoubted Lord Prince Edward which then was, and his Heirs, and to any other who from thence for ever should happen to be the King's Eldest Son, and new Heir of the Crown of this Kingdom of England, All such Right, Title, Interest, Possession, Fees, Offices, Annuities, Rents, Commons, and all other Commodities and Hereditaments whatsoever, which they, or any other of them lawfully held, had, could, or aught to have had, if the said Act of Parliament had never been made; And further, It was Enacted by the Authority of the aforesaid Parliament, of the aforesaid late King Henry the 8th. That the aforesaid Excellent, and undoubted Prince Edward, which then was, and every other who from henceforth for ever, should happen to be Eldest Son of the King, and next Heir of the Crown of this Kingdom, should have, hold, and enjoy for ever annexed, united and knit, to the aforesaid Duchy of Cornwall, for, and in full Recompense of the aforesaid Honour, & Castle of Wallingford, and other the premises in the said Act before mentioned, to the said Honour of Wallingford, then before belonging as part and parcel of the said Duchy of Cornwall, The Manor of West Taunton, Trelowia, and Landalph, with the Appurtenances in the County of Cornwall, amongst other things, in such manner and form, and of such like Estate, as the said Excellent and undoubted Prince, before the making of the same Act of Parliament, had, held, or enjoyed, the aforesaid Honour and Castle of Wallingford, and all the premises parcel of the said Honour. And that all and singular the aforesaid Manors, with all and singular their Appurtenances, then amongst other limited and assigned, by the said Act in the aforesaid Parliament of the aforesaid late King Henry the 8th. to the aforesaid Duchy of Cornwall, and every of them, from thence for ever, should be reputed, deemed, adjudged, accepted and taken, by authory of the same Parliament, as part, parcel, and member of the said Duchy of Cornwall, in such and the like manner and form, to all purposes and intents, as the said Honour and Castle of Wallingford, and the members and parcels of the same, were before the making of the same Act, any Act, Law, Custom, or use to the contrary notwithstanding, As by the said Act in the aforesaid Parliament of the aforesaid late K. Hen. the 8th. made amongst other things it more fully appeareth. And whereas before, & until the time of the making of the aforesaid Act of Parliament, made in the afores. Parliament of the afores late K. H. the 8th. The aforesaid Honour & Castle of Wallingford, & members & parcel thereof, were part, parcel, and members of the aforesaid Duchy of Cornwall, according to the form and effect of the aforesaid Charter and Grant by the aforesaid late King Edward the third with the common assent aforesaid, and Authority of his Parliament aforesaid (as before is said) made, and as in the aforesaid Charter are mentioned, and above recited, and the aforesaid excellent and undoubted Prince Edward in the aforesaid Act made in the aforesaid Parliament of the aforesaid late King Henry the 8th. before the time of making of the aforesaid Act made in the Parliament aforesaid of the aforesaid late King Henry the 8th. had and enjoyed in the aforesaid Honour and Castle of Wallingford, and other the premises, parcel of the same Honour, in such manner and form, and of such estate as is enacted and limited in the aforesaid Charter, and Grant aforesaid of the aforesaid late King Edward the third in the year of his Reign the 11th. aforesaid by the Authority of Parliament made as before is said. And the aforesaid Castle of Wallingford with the Hamlets and Members thereof; And the aforesaid Honour of Wallingford, with the Appurtenances in the aforesaid Charter and Grant, by the aforesaid late King Edward the third, as before is said, made, specified, are one and the same, and not others or divers. By virtue of which the said late Prince Edward, eldest Son of the aforesaid late King Henry the 8th. and Duke of Cornwall, was seized of the aforesaid Manors of West Tannton, Trelowia, & Landalph with the Appurtenances in his Demesn as of Fee, as parcel of his Duchy of Cornwall aforesaid, according to the form and effect of the aforesaid Act of Parliament; and he thereof so being seized, the aforesaid late 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 died 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 sixth; and the aforesaid Lady Mary to the said late King Edward the sixth 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, died without Heir of her Body begotten, We then, and yet being Cousin 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 year of her Reign the 37th. granted at Gellio Merick, than 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 contained. And whereas the aforesaid Manors of West Taunton, Trelowia and Landalph to the aforesaid Duchy (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 aught to belong, and were member and parcel of the same Duchy, and yet are, as the said pious Prince and Duke by ways and means convenient, is ready to show; 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 annul, 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 Duchy aforesaid, to have and to hold according to the form and effect of the gift, grant, and union aforesaid to be delivered: We willing to do in this behalf what is Just, Command you that by good and Lawful men of your Bayliwick, you give warning to the aforesaid Henry Lindley Knight, and John Helena Knight Sergeant 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. days of Saint Hillary next coming whensoever it shall be, to show what for us and themselves they have or can say, Wherefore the Letters Patents 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 seized, as before is said, to the now Duke as members and parcel of the Duchy 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 myself at Westminster, the 18th. day of November in the year 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 days of Saint Hillary, before the said Lord the King that now is, in his said Court of Chancery here, cometh Edward Coke Knight, Attorney 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. year aboves. by virtue of the writ afores. to him directed that he gave warning by Joh. Edgecombe & Wal. Blant, good & Lawful men of his Bayliwick, to the afores. Hen. Lindley Kt. and also the same day and year by the said good and Lawful men, he gave warning to the aforesaid John Helena Knight, and to one Warwick Helena 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 show, do, and receive, what that Writ in it requireth and demands. And the aforesaid Henry Lindley Knight, John Helena Knight, and Warwick He'll Knight, the 4th. day of pleas being called, by Richard Wilkinson their Attorney come, and pray Licence to Imparl, and it is granted to them, etc. and upon this, day is given to the aforesaid Henry Lindley, John Helena, and Warwick Helena before the said Lord the King in the said Court here, that is to say, at Westminster aforesaid, until in 8. days of the Purification of the blessed Mary then next, etc. wheresoever, &c that is to say, to the aforesaid Henry, John, and Warwick, to imparl, and then to answer, etc. The same day is given to the aforesaid Edward Coke Knight, the Atorney General of the Lord the King that now is, who, etc. then to be here, etc. 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 Westminster aforesaid, come as well the aforesaid Edward Coke Knight, who, etc. in his proper person, as the aforesaid Henry Lindley, John Helena, and Warwick Helena, by their Attorney aforesaid, and upon this, the said Henry, John, and Warwick, by their Attorney aforesaid, pray farther Licence thereof to imparl, before the said Lord the King that now is in the said Court here, that is to say, at Westminster aforesaid, until in 15. days of Easter than next following, etc. wheresoever, etc. and then to answer, etc. and have it, etc. and the same day is given to the aforesaid Edward Coke Kt. the Attorney General, of the said Lord the King that now is, who, etc. then here, etc. At which 15. days of Easter before the the said Lord the King that now is in the said Court here, that is to say, at Westminster aforesaid, come as well the aforesaid Edward Coke Attorney General of the Lord the King that now is, who, etc. in his proper person, as the aforesaid Henry Lindley, John Helena, and Warwick Helena by their Attorney aforesaid, and upon this, the aforesaid Henry, John, and Warwick, by their Attorney aforesaid, further pray Leave thereof to Imparl before the said Lord the King that now is, in the said Court here, that is to say, At West. aforesaid, until the Morrow of the Holy Trinity than next following, wheresoever, etc. And then to Answer, etc. & have it, etc. And the same day is given to the aforesaid Edward Coke Knight, Attorney General of the Lord the King that now is, who, etc. then here, etc. At which Morrow of Holy Trinity, before the Lord the King that now is, in the said Court, etc. that is to say, at Westminster aforesaid, come as well the aforesaid Edward Coke Knight, Attorney General of the Lord the King that now is, who, etc. in his proper person, As the aforesaid Henry Lindley, John Helena, and Warwick Helena, by their Attorney aforesaid; And upon this, The said Henry, John, and Warwick, by their Attorney aforesaid, pray further licence thereof to imparl, before the said Lord the King that now is, in the said Court here, that is to say, at Westminster aforesaid, until the Morrow of All Souls than next following, wheresoever, etc. And then to Answer, etc. And have it, etc. And the same day is given to Edward Coke Knight, Attorney General of the Lord the King that now is, who, etc. then here, etc. At which Morrow of All Souls, before the Lord the King that now is, in the said Court here, that is to say, at Westminster aforesaid, come as well Henry Hobert Knight, than Attorney General of the said Lord the King, who for the said Lord the King that now is, prosecutes in his proper person, as the aforesaid Henry Lindley, John Helena, and Warwick Helena, by their Attorney aforesaid, Upon which, the said Henry Lindley, by his Attorney aforesaid, prayeth the hearing of the said Writ of Scire Facias above mentioned, and it is read unto him, etc. Which being read and heard, The said Henry Lindley saith, That neither the aforesaid Letters Patents, of the aforesaid late Queen Elizabeth, of the aforesaid Manors of West Taunton, Trelowia, and Landalph, with the Appurtenances in form aforesaid made, aught to be revoked or annulled, not the said Manors into the Hands of the said Lord the King ought to be seized; Because he saith, That there is not any such Record of any such Act of Parliament, of the aforesaid King Ednard the 3d. made, as in the aforesaid Writ of Scire Facias, above thereof is rendered and specified; Nor is there any such Record of the aforesaid Charter, by the aforesaid late King Edward the 3d. by Authority of the Parliament aforesaid above recited and specified, as in the said Writ of Scire Facias, above is recited and specified, And this the said Henry is ready to aver, Wherefore he demands Judgement, if the aforesaid Letters Patents of the aforesaid late Queen Elizabeth, of the Manors aforesaid with their Appurtenances, so as before is said made, aught to be revoked or annulled, or the said Manors with the Appurtenances, to be seized into the Hands of the said Lord the King that now is, etc. And the aforesaid John Helena, and Warwick Helena, by their Attorney aforesaid, By Protestation, That there is not any Record of any such Act of Parliament of the said 11th. year of Edward, late King of England the 3d. nor that there is any such Record of the aforesaid Charter, by the foresaid late King Edw●rd the 3d. by Authority of Parliament aforesaid, as in the said of Writ Scire Facias is mentioned; For Plea they say, That neither the aforesaid Letters Patents of the aforesaid Lady Elizabeth, of the aforesaid Manors of West Taunton, Trelowia, and Landalph, with the Appurtenances, in form aforesaid made, aught to be revoked or annulled, or the Manors aforesaid with the Appurtenances, be seized into the Hands of the Lord the King th●t now is, or any of them ought to be seized, etc. Because they say, That the aforesaid late Lady Queen Elizabeth, before the making of the Letters Patents aforesaid, to the aforesaid Gellio Merick, and Henry L●ndley, was seized in her demesn as of Fee, in the Right of her Crown of England, of the aforesaid Manors of West Taunton, Trelowia, and Landalph, with the Appurtenances, in the aforesaid Writ of Scire Facias mentioned and expressed, and so thereof being seized, The said late Queen Elizabeth, by her Letters Patents under the great Seal of England sealed, bearing date at Westminster, in the year of her Reign the 37th. and here in Court brought, In consideration of the good, true, faithful, and acceptable Service to the aforesaid Lady the Queen, by her then wellbeloved, and faithful Cousin and Counsellor, Robert late Earl of Essex, of the most Noble Order of the Garter Knight, and Master of her Horse, before that many times done and performed, as for other good causes and considerations, the said late Lady the Queen then specially moving; As also at the humble request of the said late Earl of Essex, of her special grace, certain knowledge, and mere motion, gave and granted the Manors aforesaid with their Appurtenances, amongst other to the aforesaid Gellio Merick, and Henry Lindley then Esquires, and afterwards Knights, To have, and to hold the said Manors with the Appurtenances, to the aforesaid Gellio Merick, and Henry Lindley, their Heirs and Assigns forever. And the aforesaid late Lady the Queen, by the same her Letters Patents, granted for her, her Heirs, and Successors, That the aforesaid Gellio Merick, and Henry Lindley, their Heirs and Assigns, should have, and enjoy the aforesaid Manors with the Appurtenances, according to the intent of the said late Queen, in the said Letters Patents contained, And that the said Letters Patents should be firm, valid, good, sufficient and effectual in Law against the said Lady the Queen, her Heirs and Successors, as well in all her Courts, as elsewhere within the Kingdom of England, without any manner of Confirmations, Licenses, or tolerations of the said Lady the Queen, her Heirs and Successors then forever, by the aforesaid Gellio Merick, and Henry Lindley, or their Heirs or Assigns to be procured or obtained, Notwithstanding the Statute in Parliament of the Lord Henry, late King of England the 8th. in the 37th. year of his Reign made, Concerning the Duchy or Cornwall, & Honour of Newelm, otherwise Ewelm, as in and by the said Letters Patents, etc. By virtue of which, the aforesaid Gellio Merick, and Lindley, into the aforesaid Manors with their Appurtenances entered, and were thereof seized in their demesn as of Fee, and so thereof being seized, By their Writing indented, made between the aforesaid late Earl of Essex, Gellio Merick, and Henry Lindley of the one part, and Augustine Steward, and Michael Corsellis, on the other part, bearing date the 26th. day of Decem. in the year of the Rign of the said late Lady Q. Elizabeth the 38th. in the Court of Chancery of the aforesaid late Queen at Westminster aforesaid, within 6. Months than next following, according to the form of the Statute thereof made and provided, in due manner of Record enrolled, as well in Consideration of the sum 3500. pounds, to the aforesaid late Earl of Essex, by the aforesaid Augustine Steward, and Michael Corsellis paid, as for 20. shillings to the said Gellio and Henry, by the aforesaid Augustine and Nicholas likewise paid, bargained and sold, to the aforesaid Augustine and Michael, the Manors aforesaid with the Appurtenances, To have, and to hold, to the said Augustine and Michael, their Heirs and Assigns for ever. By virtue of which Bargain, and Sale, and enrolment, and by force of a certain Statute in the Parliament of the Lord Henry, late King of England the 8th. the 4th. day of February, in the year of his Reign the 27th. Of transferring uses into possession, at Westminster aforesaid holden made, and provided, the aforesaid Augustine and Michael, were seized of the Manors aforesaid with the Appurtenances, in his Demesn as of Fee, And so thereof being seized, The said Augustine and Michael, in consideration of the sum of 3500. pound, to the aforesaid Augustine and Michael, by the aforesaid John Helena paid, afterwards of the said Manors with the Appurtenances, enfeoffed them the said John Helena, than Sergeant at Law, and the aforesaid Warwick He'll then Esquire, now Knight, To have, and to hold, to the said John and Warwick, and to the Heirs and Assigns of the aforesaid John, to the sole and proper use and behoof of the aforesaid John and Warwick, and the Heirs and Assigns of the said John▪ Helena for ever. By virtue of which Feoffment, The aforesaid John Helena, and Warwick Helena were, and yet are seized of the aforesaid Manors with the Appurtenances, that is to say, The said John Helena, in his Demesn as of Fee, and the aforesaid Warwick▪ in his Demesn as of Free hold for the term of his life. And the aforesaid John Helena, and Warwick Helena, further say, That afterwards, in and by a certain Act of Parliament of the aforesaid late Queen at Westminster aforesaid, the 27th. day of October, in the year of the Reign of the said late Queen Elizabeth the 43th. holden, made (amongst other) reciting, That whereas, the said late Queen, from the 8th. day of February, in the year of her Reign the 25th. as well for divers, and great sums of Money, as for divers other several considerations, had bargained, sold, given and granted, by divers her Letters Patents, Indentures, or other Writings under the great Seal of England sealed, or the Seal of the Duchy of Lancaster, or the Seal of the County Palatine of Lancaster, as well to Bodies Politic, and Corporate, as to divers and several other Subjects of the said Lady the Queen, divers and several Honours, Manors, Lands, Tenements▪ Rents, Reversions, Services, and other Hereditaments in Fee Simple, Fee Tail, for Term of Life, Lives, or Years, as by the said several Letters Patents, Indentures, and other Writings are mentioned and declared; It was enacted by Authority of the same Parliament, To the intent that the said Letters Patents, Indentures, and other Writings, should be of good, available, and perfect force and effect, to all and singular the said late Queen's Subjects, according to the true intent and effect of the same; That as well all and singular Letters Patents, Indentures, and other Writings, sealed under the great Seal of England, or under the Seal of the Duchy of Lancaster, or the Seal of the County Palatine of Lancaster, before then made and granted, by the aforesaid late Queen, for any sum or sums of Money whatsoever, or for or upon any other considerations whatsoever, from the aforesaid 8th. day of February, in the 25th. year aforesaid, as all other Letters Patents, then after by the said late Queen to be made, for any sum or sums of Money, or other considerations before the last day of the said then present Session of the said Parliament; And moreover, All other Letters Patents, within the space of one year than next following, to be made by force, or according to the true puport or true meaning of a Condition under the great Seal of England, then in being, for the Sale of the Land of the said late Queen, to any Body Politic, or Corporate, or to any other person or persons whatsoever, of any Honours, Castles, Manors, Lordships, Granaries, Messages, Lands, Tenements, Meadows, Pastures, Rents, Reversions, Services, Woods, Advowsons', Nominations, Patronages, Annuities, Rights, Interests, Entries, Conditions, Leases, Courts, Liberties, Privileges, Franchises, or of any other Hereditaments with the Appurtenances, or of any part or parcel thereof, with or under the Great Seal of England, or under the Great Seal of the Duchy of Lancaster, or the Seal of the County Palatine of Lancaster, of whatsoever Kind, Nature, or Quality, they or any of them are, or were reputed, known, or taken, with the Appurtenances, or any part or parcel thereof, should be good, perfect, and effectual in Law, and should stand, be taken, reputed, esteemed, and should be adjudged to be good, certain, perfect, available, and effectual in the Law, against the said late Queen, her Heirs and Successors, according to the tenor and effect of the aforesaid Letters Patents and Indentures, or other Writings, and that the same should be expounded, construed, esteemed, and should be adjudged most beneficially for those, to whom the aforesaid Letters Patents, and Grants thereof so are made, the Heirs, Assigns, Executors, & Administrators of them, according to the words and purport of the said Letters Patents, Indentures, or other Writings, without any Confirmations, Licenses, or tolerations of the said late Queen, her Hei● or Successors, any ill naming, ill reciting, or not reciting, of the said Honours, Castles, Manors, Lands, Tenements, or other the premises, or of any part thereof, or any defect in finding of Office or Inquisition, of and in the premises, or any part thereof, by which the Title of the said late Lady the Queen, of and in the premises ought to be found, before the publishing of the aforesaid Letters Patents, Indentures, or other Writing, or any ill reciting, or not reciting, of Demises thereof made, as well of Record, as not of Record, or any ill reciting, or not reciting, or not true mentioning in any such Lettets Patents, Grants, or Writings of the Estate or Estates of the said late Queen of Freehold, or Inheritance, of and in the premises, or any part thereof, to which the said late Queen, after the beginning of her Reign was, or then after should be entitled, by any Attainder, Escheat, Conveyance or Assurance whatsoever, and in which Letters Patents, Grants, or Writings, no Estate Tail then before made, or supposed to be made was recited, or from henceforth should be, and the Reversion or Remainder thereof expectant, in the said Letters Patents, Grants, or Writings, granted, or mentioned to be granted, or any defect of certainty, or ill computing, mistaking, rating, or setting forth of the yearly value or rate of the premises, or yearly Rents reserved of and for the premises, or any parcel thereof mentioned or contained in the same Letters Patents aforesaid, or other Writings, or for that that the premises than were, or any part thereof valued at a greater or lesser value, in the said Letters Patents, or Writings, than the said Manors, Lands, Tenements, and other premises than were, or were in yearly value, or any misnaming or not true naming, of Town, Hamlet, Parish, or County where the said Honours, Manors, Lands, Tenements, Rents, Hereditaments, and other the premises, and every part thereof, or any parcel thereof lay, or were, or any defect of true naming of the Lands, Tenements, or Hereditaments, or any parcel thereof, or of the Nature, Kind, Quality, or Quantity, of the aforesaid Possessions, or Hereditaments, or of any parcel thereof, or any default of true naming of any Corporation, or any default of Attornment, Livery, or Seisin, or any ill naming of any the late Tenants of the aforesaid Honours, Manors, lands, Tenements, and Hereditaments, or of any part thereof, so sold, granted, or given, or any ill naming of any person or persons, Bodies Politic, or Corporate, who any time before the making of such Letters Patents, were, or then after should be proprietors of the premises, or any any part thereof to the contrary notwithstanding, as by the said Act amongst other things it more fully appearh. And the said John Helena, and Warwick further say, That the said late Queen Elizabeth never had any Son; And that the aforesaid Gellio Merick, and Henry Li●dley, were at, and before the time of the making of the said Leters Patents, so as before is said made, Subjects of the said late Queen Elizabeth, and born at Westminster aforesaid; All and singular which, The said John Helena, and Warwick, are ready to aver; Whereupon they demand Judgement, if the said Letters Patens of the aforesaid late Queen Elizabeth, of the Manors aforesaid with the Appurtenances, so as before is said made, aught to be revoked and annulled, or the Manors aforesaid, with the Appurtenances, or any of them ought to be seized into the Hands of the Lord the King that now is, etc. And the aforesaid Henry Hobert Knight, Attorney General of the Lord the King that now is, who, etc. present in Court in his proper person, As to the aforesaid Plea of the said Henry Lindley, above in form aforesaid pleaded, for the said Lord the King saith, That the said Henry Lindley, ought not be admitted to plead, That there is not any such Record of any such Act of Parliament, of the aforesaid Lord King Edward the 3d. made; Nor that there is any such Record of the aforesaid Charter of the said late King Edward the 3d. by Authority of Parliament made, as in the aforesaid Writ of Scire Facias thereof is recited and specified. Because he saith, That the said Lord King JAMES, now King of England, saw the enrolment of the aforesaid Act of Parliament, of the said late King Edward the 3d. and of the aforesaid Charter of the said late King Edward the 3d. in the Rolls of the Chancery of the King that now is, within his Tower of London, in the year of the Reign of the aforesaid late King Edward the 3d. the 11th. enrolled, upon Record there remaining. The Tenor of enrolment of which Act of Parliament, and Charter aforesaid, the said JAMES, now King of England, by his Letters Patents under the Great Seal of England sealed, here in Court by the aforesaid Attorney General of the Lord the King that now is, for the said Lord the King that now is, now brings in Court, bearing date at Westminster aforesaid, the 5th. day of March, in the year of the Reign of the said Lord the King that now is, of England, France and Ireland, the 3d. and of Scotland the 39th. Exemplified amongst other things, Which Exemplification, as to the enrolment of the aforesaid Act of Parliament, and Charter aforesaid followeth in these words. JAMES by the Grace of God, of England, Scotland, France and Ireland, defender of the Faith, etc. To All to whom these present Letters shall come greeting, We have seen the enrolment of a certain Charter, bearing date the 17th. day of March, in the year of the Reign of the Lord Edward, late King of England the 11th. To his , and Faithful, Edward Earl of Chester, his Eldest Son granted, in the Rolls of our Chancery, within the Tower of London, remaining of Record in these words. Edward by the Grace of God, King of England, Lord of Ireland, and Duke of Aquitain, To the Arch-Bishops, Bishops, Abbots, Priors, Earls, Barons, Justices, Sheriffs, Provosts, Ministers, and all Bailiffs, and his faithful People, Greeting, Amongst other the tokens of Honour of our Kingdom, we esteemed it the chiefest, that the Order of Dignities and Offices of our Kingdom be fortified with the best and strongest Counsels; Therefore there being many degrees of Inheritance in our Kingdom, where by descent the Inheritance, according to the Law of this Kingdom, to Coheirs, and Parciners, and for want of such issue, and such like events, the same came to our Hands; We therefore desiring to beautify our Kingdom, and in best manner to defend our Kingdom, and the holy Church thereof, and our Subjects and Kingdoms against the endeavours and Adversaries thereof, and considering and looking that Peace between us and Subjects be maintained, and to dignify the Places of honour of our Kingdom; And taking into our consideration the person of our , and Faithful Edward, Earl of Chester our Eldest Son, and taken to Honour the same our Son, the name and Honour of Duke of Cornwall, with the common consent and counsel of the Prelates, Earls, Barons, and others of our Counsel in this present Parliament at Westminster, upon Monday next after the Feast of Saint Matthew the Apostle last passed, being assembled, we have given, and made him Duke of Cornwall, and girt him with a Sword as behoveth; And that there may be no doubt hereafter what, or how much the same Duke, or other Dukes of the same place, who for the time shall be, in the name of the said Duchy ought to have. Our Will is, that all in specialty, which to the said Duchy doth beloug, be inserted in this our Charter; Therefore for us and our Heirs, we have given and granted, and by this our Charter confirmed, to the same our Son under the name and Honour of Duke of the said Place, 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 burdens 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 Estwyveleshire, 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 , 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 Winterbourn, 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 Warren, Earl of Surrey, and Johan his Wife hold, for the term of their life, and which after their deaths to us and our Heirs, aught 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 year, 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 Excites, Profits, and Perquisites of the said Court of Stannary, And the Water of Dertmouth in the said County; And the yearly 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 yearly Farm of the Town of Wallingford, with the Honours 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, Abbeys, Priories, Hospitals, Chapels, and with Hundreds, Fishings, Forests, 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 yearly Farm, which our  and Faithful John de Merz, to us by the year, 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 year by the Hands of the said John, for the Term of his Life, and with the aforesaid 1000 Marks yearly, to the aforesaid Earl of Surrey, of the issues of the Coinage aforesaid, by us so granted after obtained, 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 Manor of Istleworth, with the Appurtenances in the County of Middlesex, which Philippe 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 succeed as before is said, To have and to hold, together with Knight's Fees, Advowsons' of Churches, Abbeys, Priories, Hospitals, Chapels, and with Hundreds, Wapentakes, Fishings, Forests, 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 Duchy 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 Duchy, at no time they be any ways 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 Duchy, by colour of our Grant aforesaid it shall belong, than not appearing, the said Duchy, with the Castles, Burroughs, Towns, and all other the abovesaid, to us or our Heirs, Kings of England, shall return 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 Duchy 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 Forests; And that none enter into them, to hunt in them, or to take any thing which to Warren appertaineth, without the Licence & 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,  Sons of the Kings of England, and Dukes of the said place, in the said Kingdom of Engla. in heritable to succeed, The aforesaid Sheriffalty of the aforesaid County of Cornwall with the Appurtenances; So that they, and others, Duke's 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, bailiwicks, 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  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 Manors 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, aught 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 year 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 yearly 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 yearly 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 Knight's Fees, Advowsons' of Churches, Abbeys, Priories, Hospitals, Chapels, and with the Hundreds, Fishings, Forests, 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 yearly, 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 yearly 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 obtained 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,  Sons of the Kings of England, and Dukes of the same place in the Kingdom by Inheritance to succeed, together with Knight's Fees, Advowsons' of Churches, Abbeys, Priories, Hospitals, Chapels, and with Hundreds, Wapentakes, Fishings, Forests, 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 Knight's Fees, Advowsons' and all other things abovesaid, to the said Duchy 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 Duchy, 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 ways granted; So that to the aforesaid Duke, or other Dukes of the same place they descend, And Son or Sons to whom the said Duchy, by colour of the aforesaid our Grants it behoves to belong then not appearing, The same Duchy 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 Duchy 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,  Sons, Dukes of the said place for ever, have Free Warren in all the Demesns of the Lands aforesaid, whilst yet the same Lands are not within the Bounds of our Forests; So as none enter into those Lands to hunt in them, or to take any thing which to Warren belongeth, without the Licence and Will of the said Duke, and the other Dukes of the said place, upon pain 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 Neven, Steward of our House, and others, Given by our Hand at Westminster the 17th. day of March, in the year 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  and Faithful Thomas Stephen's Esquire, Attorney General of our , and most dear Son, our Eldest Son Henry, Prince and Duke of Cornwall, caused to be Exemplified by these presents. In Witness whereof we made these our Letters Patents, Witness myself at Westminster the 5th. day of March, in the year 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 Attorney 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 enrolment aforesaid, as before is said, is made mention, are one and the same, and not other nor divers; Whereupon the said Attorney 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 Attorney of the aforesaid Lord the King that now is, for the said Lord the King now shown forth, aught to be admitted. And further, the said Henry Hobert, the Attorney 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 be taken and seized: And the aforesaid Henry Hobert, Attorney General of the said Lord the King that now is, who, etc. As to the said Plea of the aforesaid John Helena, and Warwick Helc, by them above in form aforesaid pleaded, for the said Lord the King saith, That that Plea, and the matter therein contained, is not sufficient in Law to maintain, That the aforesaid Letters Patents, of the aforesaid late Queen Elizabeth, of the aforesaid Manors of West Taunton, Trelowia, and Landalph, ought not to be revoked and annulled, or that the Manor aforesaid with the Appurtenances, into the hands of the said Lord the King that now is, ought not to be seized. To which Plea in manner and form aforesaid pleaded, The said Attorney General for the said Lord the King needeth not, nor by the Law of the Land is bound to Answer, And this he is ready to aver; Wherefore for want of a sufficient Plea, of the said John Helena, and Warwick Helena in this behalf, The said Attorney General for the said Lord the King demandeth Judgement, and that the said 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 the Manors aforesaid with the Appurtenances, be taken and seized into the Hands of the Lord the King, etc. Upon which the aforesaid Henry Lindley saith, That the Plea of the aforesaid Attorney General, for the said Lord the King that now is, to the Plea of the said Henry Lindley, above by Replication pleaded, and the matters therein contained, are not sufficient for him the said Henry Lindley, to say, That there is not any such Record of any such Act of parliament, of the aforesaid late King Edward the 3d. made, as in the aforesaid Writ of Scire Facias thereof is recited and specified; 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 made, as in the aforesaid Writ of Scire Facias thereof above is recited and specified to Bar, And that the said Henry Lindley, to that Plea in manner aforesaid by Replication pleaded, needeth not, nor by the Law of the Land is bound to rejoin, And this he is ready to aver; Wherefore for want of a sufficient Replication in his behalf, the said Henry Lindley as at first demandeth Judgement, If the aforesaid Letters Patents of the aforesaid late Queen Elizabeth, of the aforesaid Manors of West Taunton, Trelowia, and Landalph with the Appurtenances made, aught to be annulled, or the aforesaid Manors of West Taunton, Trelowia, and Landalph with the Appurtenances, or any of them ought to be taken & seized into the hands of the Lord the King that now is, And the aforesaid John Helena and Warwick Helena for themselves say, that in as much as they sufficient matter in their plea aforesaid, by them above pleaded, have alleged, that is to say, the aforesaid seisin of the aforesaid late Queen Elizabeth, of the aforesaid Manors of West Tawton, Trelo●ia, and Landalph with the Appurtenances in her demesn as of Fee, in the right of her Crown of England, and the grant aforesaid, by the aforesaid Letters Patents of the said late Queen, and the rest of the Matters by them above pleaded, which the aforesaid John Helena, and Warwick are ready to ave●, which matter the aforesaid Attorney General of the Lord the King that now is, doth not deny, nor to the same any ways answereth, but the same averment to admit altogether refuseth, as at first demand Judgement, if the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton, Trelowia, and Landalph, with the Appurtenances made, aught to be revoked and annulled, or the said Manors with the Appurtenances, or any of them, in the hands of the said Lord the King that now is, aught to be taken or seized. And farther for the better information, and to more fully inform the said Lord the King that now is, and the Court here, of the State of the said Lord the King that now is, to the aforesaid Duchy of Cornwall, and to other Manors to the said late Duchy any manner of way belonging or annexed, or part or parcel thereof, The said John and Warwick say, that in the Statute in Parliament, of the Lord Henry late King of England the 7th. held, at Westminster in the County of Middlesex the 7th. day of November, in the first year of his Reign, made, amongst other things ordained, It was enacted and established by authority of Parliament, that the said Lord King Henry the 7th. should have, hold, enjoy and possess, to him and his Heirs for ever, from the 21th. day of August than last passed, the aforesaid Duchy of Cornwall, and all and singular Honours, Castles, Lordships, Manors, Lands, Tenements, Rents, Reversions, Services, Poffessions, Advowsons', and other Hereditaments, with all and singular their members, and appurtenances, to the aforesaid Duchy belonging and appertaining, or which were belonging, annexed, reputed or taken, parcel of the same any time of the Reigns of Henry the 6th. Edward the 4th. late Kings of England, in as ample and large manner with all liberties, Franchises, and other things to the same belonging, in like manner, form, and condition, as the aforesaid Kings or either of them had, held, occupied, used, or enjoyed, or had held, occupied, was used and enjoyed in the same, in any time during the said Kings Reigns, as in the Statute aforesaid, in the year of the Reign of the aforesaid late King Henry the 7th. the first abovesaid, amongst other things it is more fully contained, and appeareth: By which the said King James, now King, was and yet is seized of the rest of the Manors, Lands, and Tenements, to the aforesaid Duchy of Cornwall belonging, by the aforesaid late Queen Elizabeth not aliened, in his demesn as of Fee, in the Right of his Crown of England, whereupon they pray that the Court here, take knowledge and notice of the aforesaid Statute in the year of the Reign of the aforesaid late King Henry 7th. the first abovesaid made, and of the aforesaid Statu te of the said Lord the King that now is, to the rest of the Manors, Lands, Tenements, and Hereditaments, to the aforesaid Duchy of Cornwall belonging, they would take and accept, etc. And the aforesaid Henry Hobert Attorney General of the aforesaid Lord the King that now is, who, etc. as to that, whereupon the aforesaid Henry Lindley above demurreth in Law, in as much as, he sufficient matter in Law, for the said Lord the King to bar the aforesaid Henry Lindley from saying, that there is not any such record of any such Act of Parliament, of the aforesaid late King Edward the 3d. made, nor any such Record of the aforesaid Charter by the said late King Edward the 3d. by authority of Parliament aforesaid, made, as in the aforesaid Writ of Scire Facias, thereof it is recited and specified, above alleged, which matter the aforesaid Henry Lindley doth not deny, nor to the same any ways answereth, but that averment to admit utterly refuseth, the said Attorney General of the said Lord the King that now is, for the said Lord the King that now is demandeth Judgement, 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 seized, etc. And because the Court of the Lord the King that now is here, will avise off and upon the premises, before it proceedeth to Judgement thereof, day is given as well to the aforesaid Henry Hobert Knight, Attorney General of the said Lord the King that now is, who, etc. as to the aforesaid Henry Lindley, John Helena, and Warwick Helena, before the said Lord the King that now is, in the said Court here, until in 8. days of St. Hilary next, etc. wheresoever, etc. to hear their Judgement thereof, because the said Court hereof, thereof not yet, etc. 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, etc. in his proper person, as the aforesaid Henry Lindley, John Helena, and Warwick Helena, by their Attorney aforesaid, and upon this the Attorney General of the Lord the King that now is, as at first demandeth Judgement, 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 seized, etc. And because the said Court of the Lord the King that now is, here, will farther avise before that it proceed to Judgement thereof, day farther is given as well to the aforesaid Henry Hobert Knight, Attorney General of the said Lord the King that now is, who &c. as to the aforesaid Henry Lindley, John Helena, and Warwick Helena, here until in 15 days of Easter next, etc. wheresoever, etc. to hear their Judgement thereof, because the said Court of the Lord the King that now is here, thereof not yet, etc.   

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, Chancellor 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 year of the Reign of Elizabeth, by the grace of God, Queen of England, France, and Ireland, defender of the Faith, etc. 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. year 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 Chancellor of England, for the time being, and made, ordained, and appointed by the said Letters Patents, him the said Mark, their Sergeant 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 granted 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 yearly 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 Marry, by the hands of the Clerk, or Keeper of the aforesaid Hamper, for the time being, yearly 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 seized 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 Westminster in the County of Middlesex the 24th. day of June, in the year 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 year of the Reign of the said Lady the Queen that now is, unto the first day of February than next passed, before the Inquisition aforesaid, but for all that time absented himself from that Office, as by the said Inquisition returned 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 year of the Reign of the said Lady the Queen that now i●, the 21th. comes the aforesaid Mark Steward, into the Chancery of the said Lady the Queen ●ow is at Westminster, by Edward Cockel his Attorney, 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 showing 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 Nou. in the year 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 Licence 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 showing 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 Licence 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 shows, 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, etc. And Gilbert Gerrard, Attorney 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 Licence 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 showing of his Right, to the Office aforesaid above alleged; And this, the said Attorney 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 Westminster, come as well the aforesaid Gilbert Ge●rad, who prosecutes, etc. as the aforesaid Mark Steward, by John Manning his Attorney. And the Sheriff retorns the names of 12. whereof none, etc. Thtrefore it is commanded to the Sheriff, That he do not omit, etc. but that he destrein them by all their Lands, etc. And that of the Issues, etc. And that he have their Bodies before the Lady the Q. in 8. days of the Holy trinity, wheresoever, etc. To Recognize in form aforesaid, etc. And the same day is given as well to the aforesaid Gilbert Gerrard, who prosecutes, etc. as to the aforesaid Mark Steward, etc. At which 8. days of the ●oly trinity, before the Lady the Queen at Westminster, come as well the aforesaid Gilbert Gerrard, who prosecutes, etc. as the aforesaid Mark by his Attorney aforesaid, And the Jurors of the Jury aforesaid being called, likewise come, And upon this, public Proclamation is made for the Lady the Queen, as the use is, That if there be any one who will inform the Justice's o● the Lady the Queen here, the Sergeant at Law of the Lady the Queen, or the Attorney 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 Sergeants 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, tried, & 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 years of the Reigns of the said late King and Queen the 3d. and 4th. Gave and granted to the said Mark, the Office of Sergeant at Arms, attending upon their Chancellor of England for the time being, and made him the said Mark their Sergeant 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, yearly 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 yearly 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 follows 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 Burgundy, Milan, and Brabant, Earl of Haspurge, Flanders, and tirol, etc. 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. year of his Reign, of his special Grace, certain Knowledge, and mere Motion, as also with the Advice and Consent of his Council, had given and granted to his  Richard Hatchman Gentleman, the Office of his Sergeant at Arms, Attendants upon his Chancellor of England for the time being, and had made, Ordained, and Constituted by his said Letters Patents, him the said Richard his Sergeant at Arms, for the term of his life; And moreover, by his said Letters Patents, had given and granted to the aforesaid Richard Hatchman, for the exercising and holding the Office aforesaid, the Wages and Fee of 12. pence by the day. To have, hold, and receive yearly, the said Wages and Fee of 12. pence by the day, for the term of his life, from the time of the death of his Sergeant at Arms which should next die, of the issues and profits of the Hamper of the Chancery, e●●her by the Hands o● the Clerk, or the Keeper of the said his Hamper, for the time being, at the Feasts of Saint Michael the Archangel, and Easter, by equal portions yearly to be paid, with all other Profits, Commodities, Emoluments, Allowances, and Advantages to the said Office, any ways anciently due and accustomed, as by the said Letters Patents more fully appeareth; And because the said Richard Hatchman, is now willing to deliver up the aforesaid Letters Patents in our Chancery, to be canceled; Which Letters Patents there now are canceled, as we have certain Knowledge, to the intent, that we would be graciously pleased to grant to our well▪ Beloved Mark Steward Gentleman, other Letters Patents of the premises: We therefore, taking Consideration of the premises, Of our special Grace, certain Knowledge, and mere Motion, have given and granted, and by these presents for us, the Heirs and Successors of the said Lady the Queen, do give and grant to the said Mark Steward, the aforesaid Office of our Sergeant at Arms, Attendants upon our Chancellor of England, for the time being; And him the said Mark our Sergeant at Arms, do make, Ordain, and Constitute by these presents, To have, and enjoy the said Office, to the said Ma●k Steward for the term of his life; And moreover, we have given and granted, and by these presents for us, the Heirs and Successors of the said Lady the Queen, we do give and grant to the aforesaid Mark Steward, for the exercising and holding the Office aforesaid, the Wages and Fee of 12. pence by the day, To have, enjoy, and perceive yearly the said Wages and Fee of 12. pence by the day, to the aforresaid Mark for the term of his life, of the issues and profits of our Hamper of our Chancery, by the Hands of the Clerk or Keeper of the said our Hamper, and the Heirs of our said Lady the Queen for the time being, At the Feast of Saint Michael the Archangel, and Easter, by equal portions yearly to be paid, together with all other Profits, Commodities, Emoluments, Allowances, and Advantages, to the said Office any ways anciently due and accustomed, etc. Although the certain express mention of the premises, or any of them, or of other gifts or grants by us, or by any of our Progenitors, to the aforesaid Mark Steward, before this time made in the premises there is not made, or any Statute, Act, Ordinance, Provision, or any other thing, cause or matter whatsoever, in any thing notwithstanding; In Witness whereof, these our Letters we have caused to be made Patents. Witness ourselves at Westminster, the 23th. day of September, in the year of our Reigns the third and 4th. By Colour of which Letters Patents, the said Mark Steward well and truly to execute the said Office, was sworn. And further the said Jurors say, That the last day of November in the year of the Reign of the Lady the Queen that now is the 11th. The said Lady the Queen at the humble Petition and request of the Right Honourable ●ord, the Earl of Leicester, and Robert Huyck Doctor of Physic, granted that the said Mark Steward might absent himself from the exercising of his Office of Sergeant at Arms, Attendants in his proper person upon her Chancellor of England for the time being, during the good pleasure o● the said Mark, until the said Lady the Queen should command him to serve in his Office aforesaid, as by the deposition of the said Robert ●uyck, and by a certain Letter, under the proper hand writing of the said Earl of leicester, which we found to be true in these English words following, here unto the Court to the Jurors aforesaid in evidence given and shown it more fully appeareth: The Deposition of which Robert Huyck followeth in these words, That is to say, I was an humble Suitor unto her gracious Majesty about ten years past, that she would licence Mark Steward Sergeant at Arms Attendant upon the then Lord Keeper to give off his attendance in his own person, to the end he might withdraw himself into the Country to play the good husband in his own house, so long only as she should permit him, and not recall him to his former attendance, and the Office should be served otherwise to her Majesty's contentation, and the Lord Keepers well liking; the which my Su●e she did very graciously grant me; And after that, upon the Lord Keepers praising Augustine Steward, I commended him to the Queen as one very fit to discharge his brother's absence with his attendance. I did sue to my Lord of Leicester and divers other of the Lords to speak in my behalf for the furtherance of the suit, so in the end the Queen said, I do like well, and am right well content that Mark Steward do cease from his Waiting until We shall Resolve otherwise. And if his Brother be found sit, he shall serve in his place during the time of his absence; which Letter subscribed, under the proper hand writing of the said Earl of Leicester followeth in these words. To my very good Lords the Lord Chancellor, and the Lord Chief Justice of England, and to either of them. ss. After my most hearty commendations to your Lordships: This Bearer Mark Steward hath earnestly besought me to advertise your Lordships of my knowledge touching her Majesty's leave for the said Stewards not attendance to his Office of Sergeant-ship: Wherein, this is very true, that about Michaelmass, as I take it, in the 10th. year o● her Majesty's Reign, the Court being then at Windsor, Mark Steward, both himself, and his friends, for that he had a desire to remain in the County, earnestly traveled with me to be his mean, for the obtaining of her Majesty's good leave and favour, that without any prejudice, for not attending, he might at his pleasure so do, and for the supplying of his place which he had to serve about the late Lord Keeper of the Great Seal as Sergeant at Arms, he acquainted me with the good liking and contentation my said Lord Keeper had to have a Brother of his to attend in his place, To which also I gave my best furtherance afterwards: Whereby her Majesty pleased both to grant her favourable Licence to Mark Steward for his absence, and to allow his brother to supply his place, who was accordingly sworn therein, and many years served the place. Thus much being on my own knowledge to be true, at his humble and earnest suit, I thought good to advertise your Lordships, and so do bid your Lordship's farewell from the Court, the 21th. day of May, 1579. your Lordship's loving Friend, R. Leicester. And the Jurors further say, That the aforesaid Augustine Steward, brother of him the said Mark, the 6th. day of January in the 11th. year abovesaid, at Hampton Court in the County of Middlesex, by the said Lady the Queen, was admitted, ordained and constituted, to attend in the place and room of him the said Mark his brother upon Nicholas Bacon Knight, then being Lord Keeper of the Great Seal of England, and to the said Office for & in the place and room of him the said Mark well and faithfully to exercise and execute then and there in the presence of the said Lady the Queen was sworn, as by the Deposition of the said Augustine Steward, which followeth in these words, we find to be true. After Christmas and before Hillary Term in the 11th. year of her Highness' Reign, on a Sunday or Holiday her Majesty coming from the Closet at Hampton Court was moved by the Right Honourable deceased Earl of Pembroke for the instituting of Augustine Steward Sergeant at Arms to attend upon the Lord Keeper, To whom her Majesty answered, My Lord, he is not to have his brother's Office, but is to be appointed only to attend in his place for him at such time as his brother shall be absent; her Majesty making then relation of her favourable Licence already granted to Mark Steward to abide in the Country, and to absent himself from her service at his pleasure, until he should by her Majesty be called again to his attendance upon the said Lord Keeper: And then the said Augustine was sworn to attend as is above specified. By colour of which the said Augustine Steward in the absence of him the said Mark Steward his brother, the aforesaid Office of Sergeant at Arms, attendant upon the Chancellor of England from thence, until the 20th. day of June, in the year of the Reign of the said Lady the Queen that now is the 18th. used and executed. But whether the said Lady the Queen by word only, without Writing sealed, can give sufficient Licence in Law to the said Mark Steward to absent himself from the exercising of his Office aforesaid, the Jurors aforesaid are utterly ignorant, and thereof pray the aid and advise of the Court here in the premises. And if upon the whole matter aforesaid, it shall seem to the Court of the Lady and Queen here, That the said Lady the Queen that now is can by word only without her writing sealed give sufficient Licence in Law to the said Mark to absent himself from the exercising of his Office aforesaid, Then the said Jurors say, That the said Lady the Queen that now is gave Licence to the said Mark Steward to absent himself from the exercise of his Office aforesaid, during the pleasure of him the said Mark, until he should be commanded by the said Lady the Queen to serve in his Office aforesaid, in manner and form as the said Mark, above in pleading alleged. And if upon the whole matter aforesaid, It shall seem to the Court of the Lady the Queen here, That the said Lady the Qu●en cannot by word only, without her Writing sealed, give sufficient licence in Law to the said Mark to absent himself from the exercising of his Office aforesaid: Then the Jurors aforesaid say, That the said Lady the Queen did not give licence to the said Mark to absent himself from the exercising of his Office aforesaid during the pleasure of him the said Mark until he should be commanded by the said Lady the Queen to serve in his Office aforesaid. And because the Court of the Lady the Queen here of giving their Judgement thereof, is not yet avised, etc. Therefore day thereof is given as well to the aforesaid Gilbert Gerrard, who prosecutes, etc. as to the aforesaid Mark Steward, until in 8. days of Saint Michael, before the Lady the Queen, wheresoever, etc. in state as now, etc. to hear their Judgement thereof, etc. At which 15. days from Saint Michael, before the Lady the Queen at Westminster, come as well the aforesaid Gilbert Gerrard, who prosecutes, etc. as the aforesaid Mark by his Attorney aforesaid; And because the Court of the Lady the Queen here of giving their Judgement thereof are not yet avised, etc. Therefore further day thereof is given as well to the aforesaid Gilbert Gerrard, who prosecutes, etc. as to the aforesaid Mark Steward, until from the day of Saint Martin 15. days, before the Lady the Queen, wheresoever, etc. in state as now, etc. to hear their Judgement thereof, etc. At which 15. days from Saint Martin, before the Lady the Queen at Westminster, come as well the aforesaid Gilbert Gerrard, who prosecutes, etc. as the said Mark Steward, by his Attorney aforesaid: Upon which, all and singular the premises being seen, and fully understood by the Court here, and mature deliberation being had thereof; the Queen's Sergeant at Law, and the Attorney General of the said Queen being called to it and present, It was awarded, That the said Office of Sergeant at Arms, holden in the Hands of the said Lady the Queen, be restored to the said Mark, And that the said Mark Steward, to the exercising and holding of his Office aforesaid, from which he was amoved, together with the Wages and Fees thereof to the said Office due and belonging, from the time of his amoving from the exercising of his Office aforesaid, hitherto received and withheld, be restored, etc. Saving the Right of the Queen, if any, etc.    

TRESPASS.  

Hillary Term, Anno 41. Elizabeth. Rott. 1049. in the COMMON-PLEAS, C. ●. part, Corbets Case. fol. 77. b.  
ROwland Corbet, late of Stokefaston, in the County aforesaid Esquire, was 
Leicest.  attached to answer to Arthur Corbet Gentleman, of a Plea, wherefore with force and Arms, the Close of the said Arthur, at Stokefaston aforesaid, he broke, and his Grass there to the value of 10. pound, growing, with certain  Fed, Trod, and Consumed, and other harms to him did, to the great damage of the said Arthur, and against the Peace of the Lady the Queen that now is, etc. And whereupon, the said Arthur, by Lawrence Lyter his Attorney complaineth, That the said Rowland, the 20th. day of June, in the year of the Reign of the Lady the Queen that now is the 40th. with Force and Arms, etc. the Close of him the said Arthur, at Strokefaston broke, and his Grass there to the value, etc. there then growing, with certain , that is to say, with Horses, Cows, Hogs and Sheep, fed, trod, and consumed, and other harms, etc. to the great damage, etc. and against the Peace, etc. Whereupon he saith, that he is the worse, and hath damages, etc. to the value of 20. pound, And thereof he bringeth Suit, etc. And the aforesaid Rowland, by William Evering his Attorney, cometh and defendeth the force and injury when &c. and as to the force and arms saith, that he is in nothing thereof guilty; And as to the rest of the Trespass aforesaid supposed to be done, the said Rowland saith, That the aforesaid Arthur his Action thereof against him ought not to have; Because he saith, That the Close aforesaid, as also the place in which it is supposed the Trespass aforesaid to be done, and the time aforesaid, in which it is supposed the same Trespass to be done, were 20. Acres of Pasture with their Appurtenances, in Stokefaston aforesaid, called New-Close, and that before the time in which, etc. One Christopher Corbet Esquire, Father of the aforesaid Rowland and Arthur, was seized of the Manor of Stokefaston with the Appurtenances, in the County aforesaid, whereof the aforesaid 20. Acres of Pasture with the Appurtenances in which, etc. are, and the aforesaid time in which, etc. As also time whereof the Memory of Men is not to the contrary were parcel, in his Demesn as of Fee; And so thereof being seized, The said Christopher, before the time in which, etc. that is to say, the 12th. day of April, in the year of the Reign of the said Lady the Queen that now is the 30th. at Stokefaston aforesaid, By a certain Indenture made between him the said Christopher▪ By the name of Christopher Corbet, of Stokefaston, in the County of Leicester Esquire of the one part, and Richard Slade, Henry Allin, Thomas Hunt, and George Noon Gentleman, of the other part, One part of which, sealed with the Seal of the said Christopher, the said Rowland brings here in Court, whose date is the same day and year; It is witnessed, That the aforesaid Christopher Corbet, for and in consideration of Fatherly Love, Zeal and Affection, which he the said Christopher Corbet bore to the aforesaid Rowland Corbet, Eldest Son of the said Christopher, and for his Preferment and Advancement, and for the Promotion, Preferment, and Establishment of Living of the said Rowland, and the Heirs of his Body lawfully issuing; And for and in consideration of Fatherly Love, Zeal and Affection, which the said Christopher bore to the said Arthur Corbet his other Son, and for his Preferment and Advancement of Living; And also for and in consideration of the great Love, and Affection, and Favour, which he the said Christopher bore to Francis Corbet, Son of Humphrey▪ Corbet, late of Ratley, in the County of Warwick Gentleman deceased, his near Cousin and Kinsman, and for his Preferment and Advancemement, And also for the Establishment, Preservation, and Continuance of all and singular the Manors, Lands, Tenements, Possessions, and Hereditaments whatsoever, of him the said Christopher within the Kingdom of England, then after in the same Indenture mentioned or contained, in the Name and Blood of the aforesaid Christopher, and for other good and just causes and considerations, him the said Christopher moving, By the same Indenture for him and his Heirs, Covenanted, Granted, Condescended and Agreed, to and with the aforesaid Robert Slade, Henry Allin, Thomas Hunt, and George Noon, their Executors and Administrators, and to and with every of them in manner and form, after in the said Indenture mentioned; That is to say, That he the said Christo. Corbet, his Heirs and Assigns, And all and every other person or persons, their Heirs and Assigns, who then stood or were seized, or which from hence forth for ever should stand and be seized, of and in the aforesaid Manor of Stokefaston with the Appurtenances, in the County of Leicester, & of and in all other Messages, Lands, Tenemnets, and Hereditaments whatsoever, of the aforesaid Christo. Corbet, in the said County of Leicester, of which he the said Christopher Corbet, then had any Estate of Inheritance in Fee Simple, in Possession, Reversion, or Remainder, from thence forth afterwards should stand and be seized, of and in the aforesaid Manor of Stokefaston, and all and singular other the premises with their Appurtenances whatsoever, to the uses, behoofs, intentions, or purposes; That is to say, of and in the aforesaid Manor of Stokefaston with the Appurtenances, and other the premises whatsoever with their Appurtenances, in the aforesaid County of Leicester, unto the use and behoof of the aforesaid Christopher Corbet, during his natural life, without impeachment of any Waste, and after the decease of the said Christopher Corbet, Then of and in the aforesaid Manor of Stokefaston with the Appurtenances, in the aforesaid County of Leicester, And of and in all other Messages, Lands, Tenements, Rents, Reversions, Services, and Hereditaments, of the aforesaid Christopher Corbet, whatsoever, with all & singular their Appurtenances, in the said County of Leicester, of which, or in which he the said Christopher Corbet, had any Estate of Inheritance in Fee Simple, in possession, Reversion, or Remainder, To the use of the aforesaid Rowland Corbet, and the Heirs Males of his Body lawfully begotten, and for default of such issue Male, to the use of the aforesaid Arthur Corbet, & the Heirs Males of his Body lawfully begotten, & for default of such issue male, then to the use of the aforesaid Francis Corbet, Son of the aforesaid Humph. Corbet deceased, & the Heirs Males of the Body of the aforesaid Francis lawfully begotten, and for default of such Heirs, then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten, and for default of such Heirs, then to the use of the Heirs of the Body of the said Arthur lawfully begotten, and for default of such Heirs, Then to the use and behoof of the Right Heirs of the said Christopher Corbet for ever, as by the same Indenture amongst other things more fully appeareth. By colour of which, as also of a certain Act in Parliament of the Lord Henry late King of England the 8th. at Westminster in the County of Middlesex, the 4th. day of February, in the year of his Reign the 27th. Of transferring of uses into possession, holden, made, and provided; The aforesaid Christopher Corbet, was seized of the aforesaid Manor of Stokefaston with the Appurtenances, amongst other things in his Demesn as of Free hold for the term of his life, the Remanider thereof in form aforesaid expectant; And the said Christopher so thereof being seized, The said Christopher afterwards, and before the aforesaid time in which, etc. that is to say, the last day of May, in the year of the Reign of the said Lady the Queen that now is the 30th. abovesaid, at Stokefaston aforesaid, died of the Manor aforesaid with the Appurtenances, whereof, etc. in form aforesaid seized; After whose death, and before the time in which, etc. The said Rowland Corbet, into the Manor aforesaid with the Appurtenances, whereof, etc. entered, and was thereof seized in his Demesn as of Fee Tail, that is to say, to him and the Heirs Males of his Body lawfully begotten, the Remainder thereof in form aforesaid; And the aforesaid Arthur Corbet, claiming the Manor aforesaid with the Appurtenances, whereof, etc. of a certain deed of Demise, to him thereof made for the term of his life, by the aforesaid Christopher the Father, long before the making of the Indenture aforesaid, between the aforesaid Christopher, and the aforesaid Robert Slade, Henry Allin, Thomas Hunt, and George Noon, whereas nothing of the Manor aforesaid with their Appurtenances, whereof, etc. in possession of the said Authur, by that deed ever passessed, into the aforesaid 20. Acres of Pasture with the Appurtenances, in which, etc. & before the aforesaid time in which, etc. entered and was thereof possessed, upon whose possession thereof of the said Arthur, the said Rowland afterwards, that is to say, the aforesaid time in which, etc. into the said 20. Acres of Pasture with the Appurtenances, reentered, and the Close aforesaid, in the aforesaid 20. Acres of Pasture with the Appurtenances broke, and the grass there then growing with his  aforesaid did eat, tread and consume, as it was lawful for him to do, And this he is ready to aver, Whereupon he demandeth Judgement if the aforesaid Arthur, his Action aforesaid against him ought to have; Because he saith, That well and true it is, That the aforesaid Christopher was seized of the aforesaid Manor of Stokefaston aforesaid with the Appurtenances, whereof the said 20. Acres of Pasture with the Appurtenances, in which, etc. are, and the aforesaid time in which, etc. as also from the whole time aforesaid were parcel, in his Demesn as of Fee, And so thereof being seized, the aforesaid 12. day of April, in the year of the Reign of the said Lady the Queen that now is the 30th. abovesaid, by the said his Indenture for the causes and considerations abovesaid, in the said Indenture specified, for him and his Heirs covenanted, granted, condescended and agreed, to and with the aforesaid Robert Slade, Henry Allin, Thomas Hunt, and George Noon, their Executors and Administrators, & to and with every of them, in manner and form in the said Indenture mentioned, that is to say, That the said Christopher Corbet, his Heirs and Assigns, and all and every other person and persons, their Heirs and Assigns, which then stood and were seized, or from then after should stand or be seized, of and in the aforesaid Manor of Stokefaston with the Appurtenances, and of and in all the aforesaid other Messages, Lands, Tenements, and Hereditaments whatsoever, of the aforesaid Christopher Corbet, in the said County of Leicester, of which the said Christopher Corbet then had any estate of Inheritance in Fee Simple, in Possession, Reversion, or Remainder, from thence after should stand and be seized, of and in the aforesaid Manor of Stokefaston, and all the aforesaid other premises with their Appurtenances whatsoever, to the aforesaid uses, behoof, intentions and purposes, and upon and under those Provisions, Limitations, and Conditions in such manner and form, as afterwards in the said Indenture are named, limited, mentioned, or should be directed, and unto none other use, uses, behoofs, intents, or purposes, that is to say, of and in the aforesaid Manor of Stokefaston with the Appurtenances, in the aforesaid County of Leicester, To the use and behoof of the aforesaid Christopher Corbet during his natural life, without impeachment of any manner of Waste, and after the decease of the said Christopher Corbet, of and in the aforesaid Manor of Stokefaston with the Appurtenances, and of and in all other the aforesaid Messages, Lands, Tenements, Rents, Reversions, Services, and Hereditaments, of the aforesaid Christopher, whatsoever, with all and singular their Appurtenances in the said County of Leicester, of which, or in which, he the said Christopher then had any Estate of Inheritance in Fee Simple, in Possession, Reversion, or Remainder, to the use of the aforesaid Rowland Corbet, and the Heirs Males of his Body lawfully begotten, and for default of such issue, to the use of the aforesaid Arthur Corbet, and the Heirs Males of his Body lawfully begotten, and for default of such issue Male, Then to the use of the aforesaid Francis Corbet, Son of the aforesaid Humphrey Corbet deceased, and the Heirs Males of the Body of the said Francis lawfully begotten, and for default of such Heir, then to the use of the Heirs of the Body of the aforesaid Rowland lawfully begotten, and for default of such Heir, to the use of the Heirs of the Body of the aforesaid Arthur Corbet lawfully begotten, and for default of such Heir, to the use & behoof of the Right Heirs of the aforesaid Christopher Corbet for ever, as by the same Indenture amongst other things more fully appeareth. By colour of which, as also by force of the Act aforesaid, of transferring of uses into possession, the aforesaid Christopher was seized of the aforesaid Manor of Stokefaston with the Appurtenances, whereof, etc. amongst other things in his Demesn as of Free Hold for the term of his Life, the Remainder thereof in form aforesaid expectant; And the said Christopher being thereof so seized, The said Christopher afterwards, and before the time in which, etc. that is to say, the aforesaid last day of May, in the year of the said Lady the Queen that now is the 30th. abovesaid, at Stokefaston aforesaid, died of the Manor aforesaid with the Appurtenances, whereof, etc. in form aforesaid seized; After whose death, and before the time in which, etc. The said Rowland Corbet into the Manor aforesaid with the Appurtenances, whereof, etc. entered, and was thereof seized in his Demesn as of Fee Tail, that is to say, to him and the Heirs Males of his Body lawfully begotten, the Remainder thereof in form aforesaid, as the aforesaid Rowland above hath alleged. But the said Arthur further saith, That by the Indenture aforesaid, It was Conditioned, Covenanted, granted and agreed, by and between the parties aforesaid to the said Indenture, That if, when, and so often as the aforesaid Rowland Corbet, or any the Heir Males of his Body begotten, or to be begotten; Or the aforesaid Arthur Corbet, or any the Heirs Males of his Body lawfully begotten, or to be begotten; Or the aforesaid Francis Corbet, Son of the aforesaid Humphrey Corbet deceased, or any the Heirs Males of his Body lawfully begotten, or to be begotten, should be fully and finally resolved and determined, and advisedly, determinately, and effectually devised, concluded and agreed, or should enter into any Communication, Promise and Covenant whatsoever, or advisedly, and effectually should attempt, procure, go about, or should assent, to or for any Act or Acts, thing or things, for or concerning any Bargain, Sale, Discontinuance, Alienation, Conveyance or Assurance to be had and made, of any of the aforesaid Manors, lands, Tenements, and Hereditaments, entailed, or intended, or mentioned to be entailed, or of any of them, or of any part or parcel of them, whereby any Estate of the premises aforesaid, recited, entailed, or mentioned to be entailed, or any part thereof in use or possession mentioned, appointed, limited, or declared by the same Indenture, can, ought, or could, in any manner, or manners, be undone, discontinued, barred, altered, o● determined, and the said Bargain, Sale, Exchange, Alienation, Devisement, Conclusion, Agreement, Promission, Communication, Concession, Obligation, Conveyance or Assurance, or any other open and effectual matter, thing, or Act, should attempt, go about, cause, procure, command, or willingly, or wittingly, should assent, practice, or suffer to be attempted, practise in any Act, to put in ure, or to go about, or to be executed, performed, or to be prosecuted, put in use, or in ure, by acknowledging of any Note, or Notes, of or for any Fine, or Fines, to be levied or acknowledged, or by giving of any Warrant, or Warrants, of Attorney, or Attorneys, for any Recovery or Recoveries, or any Voucher, or Vouchers to be had, or prosecuted, or by entering into any Warranty, or Warranties, whatsoever, or by acknowledging of any Warrant for the same, or by any Suit, or bringing of any Writ or Writs by him, them, or those, or by any of her, or their Assent and Agreement, or by Assent, by appearance, or otherwise to any Writ or Writs, of the aforesaid recited premises, or of any part or parcel thereof, or to any thing in the same, or any of them, or by acknowledging of any Charter, or Charters, Writing, or Writings, to be enrolled, or by any other Act or Acts, thing or things, whatsoever in deed, or in Law, whereupon, or by which any Bargain, Sale, Discontinuance, alienation, Exchange, or Forfeiture might follow, or by which, the Estate, Use, or Possession, of the aforesaid recited premises entailed, or mentioned to be entailed, or any parcel thereof cannot, ought or could, come, accrue, remain, and descend to be in such manner and form, as by the same Indenture it is limited, appointed, declared, and mentioned, and according to the true intent and meaning of the aforesaid Indenture, That then, and immediately, from and after any such time, and times, of such procuring, attempting, commanding knowing, assent, practice, promise, or going about, in manner and form, as above is said, and before such Bargain, Sale, Discontinuance, Alienation, Exchange, or Forfeiture, had, made, prosecuted, executed, Committed or done, the said Use and Uses, Estate and Estates, limited and declared in the Indenture aforesaid, to him or them, who shall so attempt, cause, procure, command, or voluntarily, or knowingly assent, practice, or go about, any such Act or Acts, thing or things, to be prosecuted, or to be executed, or to be performed or done, or put in ure, or shall go about to be executed, or performed, or put in ure, in form aforesaid declared; Whereupon, or by which, any Bargain, Sale, Discontinuance, Alienation, Conveyance, Assurance, Exchange, or Forfeiture, should be had, done, or ensue thereupon, contrary to the true intent of the Indenture aforesaid, of and in such, and so much of the aforesaid recited Manors, Lands, Tenements, and Hereditaments with the Appurtenances, entailed, or mentioned to be entailed, or intended by the same Indenture, for the which, any of the things or matters aforesaid, at any time or times, should be attempted, gone about, caused, procured, commanded, assented, practised, or the premises, to be executed, performed, practised, or put in ure, or gone about to be executed, performed, or put in ure, contrary to the true intent of the Indenture aforesaid, from time to time, should cease only as in respect, and having regard to such person, or persons, so attempting, procuring, causing, commanding, willingly and wittingly assenting, practising, permitting, or going about, any Act or Acts, thing or things, as above it is said, contrary to the effect, and true meaning of the Indenture aforesaid, in such manner, degree, and condition, as if such person or persons, Heir or Heirs, so attempting, procuring, causing, commanding, willingly and wittingly assenting, practising, permitting, or going about, any such Act or Acts, thing or things, as above is said, had naturally been dead, and not otherwise; And then, and in all such cases, the immediate uses of every of such parcel of the premises, should be immediately to such person, or persons, by the true intent and meaning of the Indenture aforesaid, If any such person or persons, should so procure, or procured, attempt, or attempted, cause, or caused, command, or commanded, should practise, or practised, should suffer, or suffered, go about, or about, should assent, or assented, to or for any such Act, or Acts, thing, or things, be, or should be naturally dead of such Estate, and in such like manner and form, and with the Remainder in use over, and with such like limitations and conditions, as if the said uses had come, accrued, and been, if the same person, who so should procure, attempt, cause, command, practice, suffer, go about, or assent, to or for any such Act or Acts, thing or things to be done, to or immediately before the time of such procuring, attempting, causing, commanding, practising, suffering, going about, or assenting, had been naturally dead, and not otherwise, as by the same Indenture amongst other things more fully appeareth. And the said Arthur further saith, That the aforesaid Rowland, of the Manor aforesaid with the Appurtenances, whereof, etc. amongst other things in form aforesaid being seized, One Robert Greenhurst, the 23th. day of January, in the year of the Reign of the said Lady the Queen, that now is the 36th. by the command, procurement, & consent of the aforesaid Rowl. sued forth out of the Court of Chanc. of the same Lady the Queen, the said Court of Chancery, then being at Westminster in the County of Middlesex, a certain Writ of the said Lady the Queen, of Entry Sur Disseisin in the Post, against the aforesaid Rowland Corbet, ●he Manor of Stokefaston with the Appurtenances, whereof, etc. among●●●ther things, by the Name of the Manor of Stokefaston with the Appurtenances, and 5. Messages, 500 Acres of Land, 100 Acres of Meadow, 200. Acres of Pasture, with the Appurtenances in Stokefaston, to the Sheriff of the aforesaid County of Leicester directed, By which Writ, the said Lady the Queen that now is, commanded the said then Sheriff of Leicester, That he the said Sheriff the aforesaid Rowland, that justly, and without delay, herender the said Robert Greenhurst, the aforesaid Manor of Stokefaston with the Appurtenances, and the aforesaid 5. Messages, 500 Acres of Land, 100 Ares of Meadow, 200. Acres of Pasture, with the Appurtenances in Stokefaston, which then he claimed to be his Right and Inheritance, and in which the said Rowland had not entry, But after Disseisin, which Hugh Hunt, thereof unjustly, and without Judgement did to the aforesaid Robert Greenhurst, within 30. years then last passed, as the said Robert then said; And whereupon, he then complained that the aforesaid Rowland did him deforce: And if he should not do, etc. and the aforesaid Robert Greenhurst, should secure him the said Sheriff for the prosecuting of his claim, Then he summon by good Summoners, the aforesaid Rowland Corbet, that he be before the Justices of the said Lady the Queen here, that is to say, at Westminster aforesaid, in 8. days of the Purification of the Blessed Mary then next following, to show why he had not done it, and that the then Sheriff, should have then there the summons and that Writ, etc. At which 8. days, from the Purification of the Blessed Mary, before Edmond Anderson Knight, and his Companions then Justices of the said Lady the Queen of the Bench here, that is to say, at Westminster aforesaid, cometh as well the aforesaid Robert Greenhurst, by Thomas Lane his then Attorney, as the aforesaid Rowland in his proper person; And Willam Turpin Esquire, than Sheriff of the County aforesaid, returned the Writ aforesaid, to him in form aforesaid directed, in all things served and executed, that is to say, that the aforesaid Robert Greenhurst, found Sureties to him the said Sheriff to prosecute his Writ aforesaid, that is to say, John Do, and Richard Roose, and that the aforesaid Rowland Corbet, was summoned by John Den, and Richard Fen, upon which, the aforesaid Robert Greenhurst, by his Attorney aforesaid, in the same Court here, declaring against the aforesaid Rowland, upon his Writ aforesaid, demanded against the said Rowland Corbet, the Manor and Tenements aforesaid with the Appurtenances, in the said Writ of Entry specified, as his Right and inheritance, and in which the said Rowland Corbet had not Entry, but after Disseisin which Hugh Hunt, thereof unjustly, and without Judgement did to the aforesaid Robert Greenhurst within 30. years last passed, etc. And whereupon he said, That he himself was seized of the Manor and Tenements aforesaid, in the aforesaid Writ of Entry specified, in his Demesn as of Fee and Right in the time of Peace, in the time of the Lady the Queen that now is, taking thereof the profits to the value, etc. And in which, etc. And thereof brought Suit, etc. And the aforesaid Rowland Corbet, then defended his Right when, etc. And then vouched to warranty John Howell, who likewise was then present here in Court in his proper person, and freely the said Manor and Tenements aforesaid with the Appurtenances, in the said Writ of Entry specified, to him did warrant; And upon this, the said Robert Greenhurst, then demanded against the said John Howell, than Tenant by his warranty, the Manor and Tenements aforesaid with the Appurtenances, in the said Writ of Entry specified in form aforesaid, etc. And whereupon he then said, That he himself was seized of the Manor aforesaid with the Appurtenances, in the aforesaid Writ of Entry specified, in his Demesn as of Fee and Right, in time of Peace, in the time of the Lady the Queen that now is, taking the Profits thereof to the value, etc. And in which, etc. And thereof then brought his Suit, etc. And the aforesaid John, Tenant by his Warranty, than defended his Right when, etc. And then said, That the said Hugh Hunt, did not disseise the aforesaid Robert Greenhurst, of the Manor and Tenements aforesaid with the Appurtenances, in the aforesaid Writ of Entry specified, as the said Robert, by his said Writ and Declaration aforesaid above supposeth. And of this puts himself upon the Country, etc. And the aforesaid Robert, then prayed leave to imparl, etc. And had it, etc. And afterwards, the said Robert returned back heat in the Court of the Bench aforesaid, the self same Term by his Attorney aforesaid; And the aforesaid John, although he was solemnly called, did not come back, but in contempt of the Court departed and made default; By which, than it was granted, that the aforesaid Robert Greenhurst, should recover his Seisin against the aforesaid Rowland of the Manor and Tenements aforesaid with the Appurtenances, in the aforesaid Writ of Entry specified; And that the said Rowland Corbet, should have of the Lands of the aforesaid John, to the value, etc. And that the said John should be in Mercy, etc. And upon this, The aforesaid Robert demandeth a Writ of the Lady the Queen, to the Sheriff of the County aforesaid to be directed, to give him full Seisin of the Manor & Tenements aforesaid with the Appurtenances, in the said Writ of Entry mentioned, and it is granted to him retornable here, that is to say, at Westminster aforesaid, from the day of Easter 15. days then next following, etc. At which day here, that is to say, at Westminster aforesaid, cometh the aforesaid Robert by his Attorney aforesaid, and then the Sheriff of the aforesaid County of Leicester, That is to say, the aforesaid William Turpin then here sent, that he by virtue of the Writ to him directed, the 25th. day of March than last passed, gave to the said Robert full seisin of the Manor and Tenements aforesaid with the Appurtenances, in the aforesaid Writ of Entry specified, as by the Writ he was commanded, as by the Record and Process thereof in the Court of the said Lady the Queen of the Bench here remaining manifestly appeareth; By virtue of which Recovery, the aforesaid Robert into the Manor aforesaid with the Appurtenances, whereof, etc. entered and was thereof seized in his Demesn as of Fee; And further, the said Arthur saith, That the Recovery aforesaid, in form aforesaid had, was to the use and behoof of the said Rowland Corbet, and his Heirs for ever; And that the said Rowland, the aforesaid time of the Recovery aforesaid, had, or ever after had no issue of his Body lawfully begotten, After which Recovery, so as before is said had, in and to the Disinheriting of the said Arthur, of the Manor aforesaid with the Appurtenances, whereof, etc. And before the aforesaid time in which, that is to say, the 30th. day of June, in the year of the Reign of the said Lady the Queen that now is the 36th. abovesaid, The said Arthur into the aforesaid Manor of Stokefaston with the Appurtenancs, whereof, etc. entered and was thereof seized in his Demesn as of Fee Tail, that is to say, to him and the Heirs Males of his Body lawfully begotten, By virtue of the Proviso aforesaid, and by force of the aforesaid Act of transferring uses into possession, the remainder thereof in form aforesaid expectant, until the aforesaid Rowland, the aforesaid time in which, etc. The Close aforesaid, in the aforesaid 20. Acres of Pasture with the Appurtenances, in which, etc. brake, and the grass aforesaid, then and there growing, with the  aforesaid eat, trod and consumed, against the Peace of the said Lady the Queen that now is, as he above against him complaineth. And this he is ready to aver, Wherefore in as much as the aforesaid Rowland, the Trespass aforesaid above acknowledgeth, the said Arthur demandeth Judgement and his damages, by occasion of the Trespass aforesaid to him to be adjudged, etc. And the aforesaid Rowland saith, That the aforesaid Plea of the aforesaid Arthur, in manner and form aforesaid, above by Replication pleaded, is not sufficient in Law, to maintain the said Arthur to have his Action aforesaid against him, and that he to that Replication in form aforesaid pleaded, needeth not, nor is bound by the Law to Answer; And this he is ready to aver, Wherefore for want of a sufficient Replication in this behalf, The said Rowland demandeth Judgement, and that the aforesaid Arthur, from having his Action aforesaid against him be barred, etc. And the aforesaid Arthur, in as much as he sufficient matter in Law, to have and maintain his Action aforesaid against the said Rowland, above by Replication hath alleged, which matter the aforesaid Rowland doth not deny, nor to the same any ways answereth, but that averment utterly refuseth to admit, as at first demandeth Judgement and his damages, by occasion of the Trespass aforesaid to him to be adjudged. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof, Day is given to the parties aforesaid here until in 8. days of the Purification of the blessed Mary, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day here cometh as well the said Arthur, as the aforesaid Rowland, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, Day is given to the parties here, until from the day of Faster 15. days, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day cometh as well the aforesaid Arthur, as the aforesaid Rowland by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, further day is given to the parties here, until the Morrow of the Holy Trinity, to hear their Judgement thereof, because the Justices here thereof not yet, etc. At which day here cometh as well the aforesaid Arthur, as the aforesaid Rowland, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises before they give their Judement thereof; Day is given to the parties here in 8. days of Saint Michael, to hear their Judgement thereof, because the Justices here thereof not yet, etc. At which day here cometh as well the aforesaid Arthur, as the aforesaid Rowland, by their Attorney's aforesaid; And because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof; Day further is given to the parties here until in 8. days of Saint Hillary, to hear their Judgement thereof, because the Justices here thereof not yet; At which day, here cometh as well the said Arthur, as the aforesaid Rowland by their Attorney's aforesaid, and upon this, the Plea aforesaid being seen, as also the Plea of the aforesaid Arthur, above by Replication pleaded, and by the Justices here fully understood; It seemeth to the same Justices here, that that Plea in manner and form aforesaid pleaded, is not sufficient in Law to maintain the said Arthur, to have and maintain his Action aforesaid, against the aforesaid Rowland; Therefore it is granted, That the aforesaid Arthur take nothing by his Writ aforesaid, but be in Mercy for his false clamour, and that the aforesaid Rowland thereof go without day, etc. Afterwards, that is to say, the 30th. day of April, in the year of the Reign of the said Lady the Queen that now is the 42th. The Record and Process of the Plaint aforesaid, with all the same, by virtue of a Writ of the said Lady the Queen for Correcting Errors, whose date is at Westminster, the 12th. day of April, in the 42th. year aforesaid, to Edmond Anderson Knight directed, and the aforesaid Defendant, touching, before the said Lady the Queen wheresoever, etc. are sent, etc.   

TRESPASS.  
Easter Term, Anno 21. ELIZABETH, Rot. 58. in the KINGS-BENCH, C. 1. part, Shelleys Case. fol. 88 b.  
MEmorandum, That at another time, That is to say, in Hillary Term 
Sussex.  last passed, before the Lady the Queen at Westminster, came Nicholas Wolf, by Nicholas Mosley his Attorney; And brought in the Court of the said Lady the Queen, than there his Bill against Henry Shelley Esquire, of a Plea of Trespass, & are Pledges of Suit, that is to say, John Do & Ric. Roose, which Bill followeth in these words; that is to say, ss. Sussex ss. Nicholas Wolf complaineth of Henry Shelley Esquire, in the Custody of the Marshal of the marshalsea of the Lady the Queen, before the Lady the Queen herself being, of that, That he, the 7th. day of November, in the year of the Reign of the said Lady the Queen that now is of England the 20th. with force and Arms, etc. The Close and House of him the said Nicholas, called Barhamwick, otherwise Barhamweek, at Augmering in the County aforesaid, broke and entered, and his grass there to the value of 100 Marks there late growing, with certain , that is to say, Horses, Oxen, Cows, Hogs and Sheep, fed, trod and consumed, and other harms to him did, against the Peace of the said Lady the Queen that now is, to the damage of the said Nicholas, 100 pound, and thereof he bringeth Suit, &c And now at this day, that is to say, Wednesday next, after 18. days of Easter this Term, until which day, the said Henry Shelley had leave to the Bill aforesaid to imparl, and then to Answer, etc. before the Lady the Queen at Westminster, cometh as well the aforesaid Nicholas Wolf, by his Attorney aforesaid, as the aforesaid Henry Shelley, by Richard Best his Attorney, and the said Henry doth defend the force and injury when, etc. And saith, He is not thereof guilty, And of this puts himself upon the Country, And the said Nicholas likewise, etc. Therefore a Jury thereof is to come before the Lady the Queen at Westminster, upon Friday next after the Morrow of the Holy Trinity: And who neither, etc. To Recognize, etc. Because as well, etc. Afterwards the Process thereof is continued between the parties aforesaid, of the Plea aforesaid, by Jurors put thereof between them in respite, before the Lady the Queen at Westminster, until the day of June, next after 3. Weeks of Easter than next following, for default of Jurors, etc. At which day, before the Lady the Queen at Westminster, come the parties aforesaid by their Attorney's aforesaid, And the Jurors of the Jury aforesaid, being called likewise come, who to say the truth of the premises, chosen, tried, and sworn, say upon their Oath, That long before the time of the Trespass supposed to be done, The Lord Henry, late King of England the 8th. Father of the Lady the Queen that now is, amongst other things was seized of the Tenements aforesaid with the Appurtenances, in the Declaration aforesaid above specified, in his Demesn as of Fee in the Right of his Crown of England; And the said late King so thereof being seized, before the time in which, etc. By his Letters Patents with the Great Seal of England sealed, bearing date at Westminster the 14th. day of May, in the year of his Reign the 32th. had given, and granted the Tenements aforesaid with the Appurtenances, amongst other things, to Ann Cobham Widow, To have and to hold the Tenements aforesaid with the Appurtenances, amongst other things to the said Ann Cobham and her Assigns, for the term of the life of the said Ann, rendering therefore to the said late King, his Heirs and Successors, 3. pound, 2. shillings, 8. pence Sterling, at the Court of Augmentation and Revenue of his Crown, at the Feast of Saint Michael the Archangel, yearly to be paid, and after the decease of the aforesaid Ann, The said late King, by his Letters Patents, willed and granted, That the Tenements aforesaid with the Appurtenances, amongst other things to one Edward Shelley Esquire, and Johan his Wife, and to the Heirs of the Bodies of them the said Edward and Johan, between them lawfully to be begotten; To be holden of the aforesaid late King, his Heirs and Successors, by the Service of the 20th. part of a Knight's Fee; And yielding therefore yearly to the said late King, his Heirs and Successors, 3. pound, 2. shillings, 8. pence Sterling, at the Court of Augmentation and Revenue of his Crown aforesaid, at the Feast of Saint Michael the Archangel, every year to be paid, for all Services and demands whatsoever, to the said late King his Heirs and Successors, any ways to be rendered, paid, or done. And if it should happen the said Edward, and Johan his Wife, to die the without issue of their bodies lawfully by them begotten, The the said late King willed and granted by his said Letters Patents, that the Tenements aforesaid with the Appurtenances amongst other things should wholly remain to the right Heirs of the said Edward Shelley for ever, to be holden of the aforesaid late King, his Heirs and Successors by the Rent and Services aforesaid for all Services and demands, as by the said Letters Patents amongst other things more fully appeareth: By virtue of which gift and grant, the said Anne Cobham, into the Tenements aforesaid with their Appurtenances amongst other entered, and was thereof seized in her Demesn as of Freehold, the remainder thereof in form aforesaid; And the said Anne so thereof being seized, afterwards, and before the time in which, etc. that is to say the day in the year of the Reign of the said late King Henry the 8th. At Worminghurst in the said County of Sussex died. After the death of which Anne, the aforesaid Edward Shelley and Joham his wife into the Tenements aforesaid, with the Appurtenances amongst other things entered, and were thereof seized in Demesn as of Fee-tail, that is to say, to them, and the heirs of the body of them the said Edward and Joham, the remainder unto the said Edward and his Heirs in form aforesaid: And so thereof being seized the said Edward and Johan had issue of their bodies Henry Shelley father of the aforesaid Henry Shelley now Defendant his eldest Son, and Richard Shelley his second Son; which Richard Shelley is yet living, and in full life, and that the said Edward and Johan being thereof so seized, the said Johan afterwards, and before the time of the Trespass aforesaid died, and the aforesaid Edward her overlived, and held himself in the Tenements aforesaid with the Appurtenances, and was thereof seized in his Demesn as of Fee-tail, the remainder thereof to him and his Heirs for ever, as before is said: And the said Jurors also say upon their Oaths aforesaid, That the said Henry Father of the aforesaid now Defendant had issue of his body, lawfully begotten Mary Shelley his daughter; and that the said Henry Shelley died in the life of the said Edward his Father: one Anne, than wife of the said Henry being quick and great with child with the aforesaid Henry Shelley now Defendant in the Declaration named; And the said Edward Shelley so being thereof seized, afterwards the 25th. day of September in the years of the Reigns of Philip and Mary late King and Queen the first and second, by his Indenture sealed, with his Seal bearing date the said day and year first delivered the sixth day of October than next following, made between him the said Edward Shelley by the name of Edward Shelley of Worminghurst in the County of Sussex Esquire, of the one part; and Richard Cooper, and William Marten of the other part, the tenor of which Indenture followeth in these words. ss. This Indenture, made the 25th. day of September, in the first and second years of the Reigns of our Sovereign Lord and Lady Philip and Mary, by the grace of God, King and Queen of England, France, Neapolis, Jerusalem, and Ireland, Defenders of the Faith, Princes of Spain, and Sicily, Archdukes of Austria, Dukes of Milan, Burgundy and Brabant, Earls of Haspuag, Tirol and Flanders; between Edward Shelley of Worminghurst in the County of Sussex Esquire of the one part, and Richard Cooper, and William Martin of the other part, Witnesseth, That it is fully Covenanted, Granted, Condescended and Agreed between the said Parties in manner and form following; That is to say, first the said Edward Shelley for, and upon divers great and urgent causes and considerations him moving, doth Covenant, Grant, Condescend, Promise, and Agree for him his Heirs and Executors, to and with the said Richard Cooper, and William Martin and their Executors by these Presents, That he the said Edward Shelley shall permit, cause, and suffer the said Richard Cooper, and William Martin, or the survivor of them, at the proper costs and charges of him the said Edward Shelley, his Heirs and Executors, Administrators, or Assigns, on this side the Feast of All Saints next ensuing the date of these presents, to recover against him the said Edward, his Heirs or Assigns, by Writ of Entre sur Disseisin enle Post, The Manors o● Worminghurst, Barhamwick, and Fyndon, with the Appurtenances in the said County of Sussex, and all other his Lands, Tenements, Possessions, and Hereditaments with the Appurtenances, set, lying and being in Fyndon, Worminghurst, Barhamwick, Patching, Eastangmering, Westangmering, Wyginholt, Sterington, Washington, Ashington, Grensted, Ashhurst, Stening, Wilston, Thackham, and Shopley, in the said County. Except only the Manors of Sillington, and Cobden, with the Appurtenances, in the said County, and except also, all those Lands, Tenements, and Hereditaments, called or known by the name of Cobden, Pullet's, Firses, and Palmerishcomb, with all and singular their appurtenances: And the said Edward Shelley covenanteth, Granteth, and Promiseth by these presents to and with the said Richard Cooper and William Martin, that at the time of the said Writ of Entry brought against him of the Premises, and at the time of the said Recovery had, he the said Edward shall be sole Tenant of the Freehold of all and singular the said Manors (except before excepted) and that the said Writ shall be brought and sued against him the said Edward Shelley, of all and singular the said Manors and Premises (except before excepted) by the name of the Manor of Worminghurst, Barhamwick and Fyndon with the Appurtenances, and by the name of 30 Messages, 10. Tofts, one Water-mill, 2. Culver-houses, 30. Gardens, 400. Acres of Land, 60. Acres of Meadow, 400. Acres of Pasture, 120. Acres of Wood, 500 Acres of Firzes and Heath, and eight pound 10 s. of Rent with the Appurtenances in Fyndon, Worminghurst, Barhamwick, Patching, Estangmering, Westangmering, Wyginholt, Storington, Washington, Ashington, Grensted, Ashhurst, Stening, Wilston, Thackham and Shopley, and of the Advowson of the Church of Worminghurst; and that the said Recovery had of all and singular the premises, shall be suffered and had, to the uses, profits, behoofs and intents hereafter specified and declared, and to note other use or intent, That is to say, Of the said Manor of Fyndon, with the Appurtenances (except the Park of Fyndon, and except also all those Lands, Tenements, and Hereditaments in Fyndon aforesaid, called or known by the name of the Park of Fyndon) the said Recovery thereof shall stand and be to the only use profit and behoof of him the said Edward Shelly, and of the Heirs males of his body lawfully to be begotten; and for lack of such issue, to the use, profit and behoof of the heirs Males of the body of John Shelley Esquire, sometimes of Michael Grove deceased, Father of the said Edward, and of the heirs Males of the body of the said heirs Males, lawfully begotten, and for lack of such Issue to the use and behoof of the right Heirs of the said Edward Shelley for ever; And of the said Manors of Worminghurst, and Barhamwick with the Appurtenances; and of the said Park of Fyndon, and of all the said Lands, Tenements, and Hereditaments called or known by the name of the Park of Fyndon, and of all and singular other the premises with the Appurtenances comprised, or to be comprised in the said Writ of Entry, and in the said recovery, it is granted, condescended and agreed between the said parties, and the said Edward Shelley covenanteth & granteth, That the said Recovery thereof shall be suffered and had to the only use, profit, and behoof of them the said Edward Shelley, and his Assigns, for, and during the term of the life natural of the said Edward Shelley without impeachment of, or for any manner of waste, and after the decease of the said Edward Shelley then to the only use, profit and behoof of John Carrel, and John Apsley of Thackham Esquires, and Edward Darkenold of Slynford in the said County of Sussex Yeoman, and of their Executors and Assigns for and during the term of 24. years next ensuing, after the decease of the said Edward Shelley, and after the 24. years ended, then to the only use, profit and behoof of the Heirs Males of the body of the said Edward Shelley lawfully begotten; and for lack of such issue, then to the use, profit and behoof of the Heirs Males of the body of the said John Shelley, sometimes of Michael Grove, Esquire, deceased, father unto the said Edward Shelley, and to the Heirs Males of the body of the said Heirs Males last before rehearsed lawfully begotten, and for lack of such issue, to the use, profit, and behoof of the right heirs of the said Edward Shelley for ever. And the said Edward Shelley further Covenanteth, Promiseth, and granteth to and with the said Richard Cooper, and William Martin, That he the said Edward Shelley shall and will from time to time, do suffer, procure, make and acknowledge, and cause to be had, done, suffered, procured and acknowledged, at his own proper costs and charges, All and every such act and acts, thing and things as shall be devised or avised by the said Richard Cooper and William Martin or the survivor of them, as well for the said recovery to be perfectly, surely, and lawfully had and executed, of all and singular the said Manors, Lands, Tenements and Hereditaments, with the Appurtenances by the said Richard Cooper and William Martin, to the uses, purposes and intents in these Indentures specified declared, and contained; as also for the further surety, establishment, execution, perfecting and continuance of all and every the said uses, estates, and other the premises to be and go according to the Covenants, promises, Articles, and Agreements in these present Indentures contained: In witness whereof the parties abovesaid to these present Indentures interchangeably have set their Seals the day and year first abovesaid. And the Jurors aforesaid further say upon their Oath, That the Tenements aforesaid in the Indenture aforesaid excepted, are not the Lands & Tenements in the Declaration abovesaid specified: And that the aforesaid Edward Shelley so being thereof seized, The aforesaid Richard Cooper and William Martin the 20th. day of September in the year of the Reigns of the said late King and Queen the first and second abovesaid, out of the Court of the said late King and Queen of their Chancery at Westminster in the County of Middlesex sued forth a Writ of the said late King and Queen, to the then Sheriff of Sussex directed against the said Edward Shelley. By which Writ it was commanded the said Sheriff of Sussex, That he command the aforesaid Edward Shelley that justly and without delay he render to the aforesaid Richard Cooper and William Martin, the Manors of Worminghurst, Barhamwick, and Fyndon with the Appurtenances, as also 30. Messages, 10. Tofts, one Water-Mill, two Dove houses, thirty Gardens, 400. Acres of Land, 60. acres of Meadow, 400. acres of Pasture, 120. acres of Wood, 500 acres of Firzes and Heath; and 8 l. 10 s. Rent with the appurtenances in Fyndon, Wominghurst, Barhamwick, Patching, Estangmering, Westangmering, Wighenhold, Storington, Ashington, Greensted, Ashurst, Stering, Weston, Thackham, and Shipley, And also the Advowson of the Church of Warminghurst, which he claimeth to be his Right and Inheritance; And in which the said Edward had not Entry, But after Disseisin with Hugh Hunt, thereof unjustly and without Judgement did to the aforesaid Richard and William, within 30. years then last passed, as they said; And whereupon they complained, That the aforesaid Edward, them Deforced, etc. And unless he should do it; And the aforesaid Richard and William, him the said Sheriff secured, for the prosecuting of his claim, Then he summon the aforesaid Edward, that he be before the Justices of them the said late King and Queen at Westminster, in 8. days of Saint Michael than next ensuing, to show wherefore he had not done it, and to have there the Summons & the Writ aforesaid; At which 8. days after Saint Michael, before the Justices of the said late King and Queen, come the aforesaid Richard Cooper, and William Martin, by John Bish their Attorney; And the Sheriff, that is to say, Thomas Saunders Knight, returned that Richard and William, found to the said Sheriff, Pledges for prosecuting, that is to say, John Do, & Richard Roose, and that the aforesaid Edward, was summoned by John Den, and Richard Fen. And the said Edward Shelley, according to his summons aforesaid, to him in form aforesaid made, by Thomas Ingler his Attorney, came; And upon this, the aforesaid Richard Cooper, and William Martin, by their Attorney aforesaid, demanded against the aforesaid Edward Shelley, the Manors of Worminghurst, Barhamwick, and Fyndon with the Appurtenances, as also 30. Messages, 10. Tofts, one Water-Mill, 2. Dove-houses, 30. Gardens, 400. Acres of Land, 60. Acres of Meadow, 400. Acres of Pasture, 120. Acres of Wood, 500 Acres of Furz and Heath, and 8. pound, 10. shillings Rend, with the Appurtenances in Fyndon, Worminghurst, Barhamwick, Patching, Estangmering, Westangmering, Wighenholt, Sterrington, Washington, Ashington, Grenested, Asherest, Stening, Wiston, Thackham, and Shipley, As also the Advowson of the Chutch of Worminghurst, as his Right and Inheritance, and which the said Edward had not Entry, but after Disseisin with Hugh Hunt, unjustly and without Judgement did to the aforesaid Richard and William, within 30. years then last passed, etc. And whereupon they said, that they themselves were seized of the Manors, Tenements, and Rents aforesaid with the Appurtenances, in their Demesn as of Fee and Right, and also of the Advowson of the Church aforesaid, as of Fee and Right in time of Peace, in the time of the said late King and Queen, taking the Profits thereof to the value, etc. And in which, etc. And thereupon brought Suit etc. And the said Edward, by the aforesaid Thomas Ingler his Attorney, cometh and defendeth his Right when, etc. And voucheth thereof to warranty Henry Siliborn, who present here in his proper person in Court, freely the Manors, and Tenements, and Rents aforesaid, to him doth warrant, etc. And upon that, The aforesaid Richard and William, demanded against him the said Henry, Tenant by his warranty, the Manors, Tenements, and Rents aforesaid with the Appurtenances, and the Advowson aforesaid, in form aforesaid: And whereupon they said, That they themselves were seized, of the Manors, Tenements, and Rents aforesaid with their Appurtenances, in their Demesn as of Fee and Right, and also of the Advowson aforesaid, as of Fee and Right in time of Peace, in the time of the said late King and Queen, taking thereof the Profits to the value, etc. And in which, etc. And thereof brought Suit, etc. And the aforesaid Henry, Tenant by his warranty, defended his Right when, etc. And said, That the aforesaid Hugh did not disseise the aforesaid Richard and William, of the Manors, Tenements, and Rents aforesaid with the Appurtenances; And also of the Advowson aforesaid, as the said Richard and William, by their Writ and Declaration above supposed. And of this put himself upon the Country, etc. And the aforesaid Richard and William, prayed leave to imparl, and had it, etc. And afterwards the said Richard and William, Returned back hither into Court the same Term, by their Attorney aforesaid, And the aforesaid Henry, although solemnly called, did not return, but in Contempt of the Court departed and made default. Therefore it was granted by the Court, in the aforesaid 8. days of Saint Michael, That the said Richard and William, should recover their seisin against the aforesaid Edward, of the Manors, Tenements, and Rents aforesaid with the Appurtenances, And also of the Advowson aforesaid; And that the said Edward should have of the Lands of the said Henry, to the value, etc. And the said Henry should be in Mercy, etc. And upon this, immediately the aforesaid Richard Cooper, and William Martin, in the aforesaid Court, prayed the Writ of the Lord and Lady the Queen, to the then Sheriff of Sussex to be directed, to give them full seisin of the Manors, Tenements, and Rents aforesaid with the Appurtenances, and also of the Advowson aforesaid, and the Writ was granted unto them, bearing date the 9th. day of October, in the years of the Reigns of the aforesaid late King and Queen Philip and Mary, the first and second abovesaid, Retornable here from the day of Saint Michael, in one Month than next following; And further the said Jurors say upon their Oath aforesaid, That the Tenements aforesaid called, Rarhamwick, in the Declaration aforesaid specified, and the Tenement aforesaid called Barhamwick, in the Record of the Recovery aforesaid above mentioned, are one and the same Tenements, and not others, nor divers; And that the Recovery aforesaid was for the intentions in the aforesaid Indenture specified, And that the said Edward Shelley died the 9th. day of October, in the years of the Reigns of the said late King and Queen the first and second, between the hours 5. and 6. in the Afternoon of the same day; And that afterwards, that is to say, the 19th. day of October than next following, the then Sheriff of the said County of Sussex, That is to say, Thomas Saunder Knight, by virtue of the Writ aforesaid, gave full seisin to the aforesaid Richard Cooper, and William Martin, of the Manors, Tenements, and Rents aforesaid with the Appurtenances, and also of the Advowson aforesaid. And further, the aforesaid Jurors say upon their Oath aforesaid, That one Richard Belchamber, the aforesaid time of the death of the aforesaid Edward, and at the time of the Recovery aforesaid, and the Execution thereof, and long before the bringing of the aforesaid Writ of Entry Sur Disseisin in the Post, was Tenant of the Tenements aforesaid, and possessed of the Tenements aforesaid in the Declaration aforesaid specified, for the Term of divers years then to come, by reason of a Demise thereof made to the aforesaid Richard Belchamber, by the aforesaid Edward Shelley, long before the bringing of the aforesaid Writ of Entry Sur Disseisin in the Post. And afterwards, that is to say, the 4th. day of December, in the years of the Reigns of the aforesaid late King and Queen the first and second, the aforesaid Henry Shelley, the now Defendant, was born of the said Ann his Mother, late the Wife of the aforesaid Henry Shelley, Father of the said Henry Defendant, which said Henry the Father, was the Eldest Son of the aforesaid Edward Shelley. And that the aforesaid Mary Shelley, was then alive, and in full Life. And that the aforesaid Richard Shelley afterwards, after the Expiration of the said Term of years, Demised to the aforesaid Richard Belchamber, by the aforesaid Edward Shelley, as before is said, that is to say, the 9th. day of October, in the year of the Reign of the said Lady the Queen that now is, at Augmering aforesaid, into the Tenements aforesaid, in the Declaration aforesaid specified entered, and then and there demised the Tenements aforesaid, in the Declaration mentioned, to the aforesaid Nicholas Wolf, To have, and to hold to the said Nicholas, and his Assigns, from the Feast of Saint Michael the Archangel than last passed, until the end and Term of 21. years, from thence next following fully to be completed. By virtue of which Demise, The said Nicholas into the Tenements aforesaid with the Appurtenances entered, and was thereof possessed, until the aforesaid Henry Shelley now Defendant, the aforesaid 7th. day of November, in the year of the Reign of the said Lady the Queen that now is the 20th. aforesaid, with force and Arms, etc. the Close and House aforesaid, brake and entered, and the Grass aforesaid, with his , was eaten, trodden, and consumed, in manner and form, as the aforesaid Nicholas, above against him declared. And they pray the Advise of the Lady the Queen here, And if upon the whole matter aforesaid found, It shall seem to the Court of the Lady the Queen here, That the Entry of the aforesaid Henry, into the Tenements with the Appurtenances, upon the possession of the said Nicholas, be a good and a lawful Entry in Law, Then the said Jurors say upon their Oath, That the aforesaid Henry is not guilty of the Trespass aforesaid, in manner and form, as the said Nicholas Wolf now Plaintiff, above in pleading hath alleged; And if upon the whole matter aforesaid, it shall seem to the Court of the Queen here, That the Entry of the aforesaid Henry Shelley now Defendant, into the Tenements aforesaid with the Appurtenances, upon the possession of the aforesaid Nicholas, be not a good and lawful Entry in Law, Then the Jurors say upon their Oath, That the aforesaid Henry Shelley now Defendant, is guilty of the Trespass aforesaid, in manner and form, as the aforesaid Nicholas Wolf above against him complaineth. And they assess the damages of the said Nicholas, by occasion of that Trespass, above his Costs and Charges by him about his Suit in this part expended, to 20. shil. and for his costs and charges to 40. shil. And because the Court of the Lady the Queen here, of giving their Judgement thereof is not yet avised, Day is given to the parties aforesaid until the Morrow of the Holy Trinity, to ●ear their Judgement thereof, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid; And because the Court of the Lady the Queen here of giving their Judgement is not yet avised of and upon the premises, Day is given to the parties aforesaid, before the Lady the Queen at WESTMINTER, until Monday next after 8. days of St. Michael, to hear their Judgement thereof, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties by their Attorney's aforesaid; And because the Court of the Lady the Queen here is not yet avised of giving their Judgement of and upon the premises, Day thereof is given to the parties aforesaid, before the Lady the Queen at Westminster, until Monday next after 18. days of Saint Hillary, to hear their Judgement thereof, etc. because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid; And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day is given to the parties aforesaid, before the Lady the Queen at Westminster, until Wednesday next after 18. days of Easter, to hear their Judgement thereof, etc. Because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid; And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised, day is given to the parties aforesaid, before the Lady the Queen at Westminster, upon Friday next after the Morrow of the Holy Trinity, to hear their Judgement thereof, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid. Upon which seen, and by the Court of the Lady the Queen here, all and singular the premises fully understood, & mature deliberation thereof being had, For that it seemeth to the Court of the said Lady the Queen here upon the whole matter aforesaid, in form aforesaid found, That the aforesaid Entry of the aforesaid Henry Shelley now Defendant, into the Tenements aforesaid with the Appurtenances, upon the possession of the said Nicholas, is a good and lawful Entry in Law; Therefore it is granted, That the aforesaid Nicholas Wolf, take nothing by his Bill aforesaid, but for his false Clamour be in Mercy, And the aforesaid Henry Shelley go thereof without day, etc.   

TRESPASS.  
Michaelmas Term, Anno 27. & 28. ELIZABETH, in the KINGS-BENCH, Rot. 58. Co. 1. part. Albanyes Case fol. 107.  
MEmorandum, That upon Saturday next, after 8. days of Saint Michael 
Middles.  this Term, before the Lady the Queen at Westminster, came John Greendon Gentleman, by William Goldsmith his Attorney, and brought here in the Court of the said Lady the Queen there, his Bill against Thomas Albany, in the Custody of the Marshal, etc. of a Plea of Trespass, and are Pledges of Suit, John Do, and Richard Roose, which Bill followeth in these words; ss. Middlesex ss. John Greendon Gentleman, complaineth of Thomas Albany, in the Custody of the Marshal of the marshalsea, before the Queen herself being, For that, That he the first day of June, in the year of the Reign of the said Lady the Queen that now is the 27th. with force and Arms, etc. the Close of him the said John, at Willesdon, broke and entered, and his Grass to the value of 10. pound, there then growing, with certain , that is to say, Horses, Oxen, Cows and Sheep, fed, trod and consumed, and other harms to him did, to the great damage of the said John, and against the Peace of the Lady the Queen that now is, whereupon he saith, that he is the worse, and hath damage to the value of 20. pound, and thereof bringeth Suit, etc. And the aforesaid Thomas Albany, cometh by Anthony Felton his Attorney, and defendeth the force and injury when, &. And as to the coming with force and arms, and whatsoever is against the Peace of the said Lady the Queen that now is, saith, That he is not thereof guilty, and of this puts himself upon the Country, And the said John likewise, etc. And as to the rest of the Trespass supposed to be done, The said Thomas saith, ought not to have or maintain his Action against him, because he saith, That the place in which it is supposed the Trespass aforesaid to be done, containeth, and at the time in which, etc. did contain in itself 20. Acres of Pasture, with the Appurtenaaces in Willesdon aforesaid; and as to any Trespass in five Acres, parcel of the said 20. Acres, the said Thomas saith, That long before the time, in which it is supposed the Trespass aforesaid to be done, one Francis Bunny was seized of the aforesaid 20. Acres of Pasture, in which, etc. in his Demesn as of Fee, and so thereof being seized before the aforesaid time in which, etc. that is to say, The first day of May in the year of the Reign of the Lady the Queen that now is, the 20th. by his Deed of Feoffment, here into Court brought, bearing date the same day and year enfeoffed, one Miles Hilycock of the aforesaid 20. Acres of Pasture, with the Appurtenances, in which, etc. To have, and to hold to the said Miles, and his heirs for ever, to the use of the said Francis for the term of the life of the said Francis, and after the death of the said Francis to the use of one David Bunny, and the Heirs of his body lawfully begotten; and for lack of such issue to the use of Nicholas Bunny, and the heirs of his body lawfully begotten; and for lack of such issue to the use of Walter Bunny, and the heirs of his body lawfully begotten, and for lack of such issue, to the use of Stephen Bunny, and his heirs for ever; By virtue of which Feoffment, and by force of certain Act in Parliament of the Lord Henry late King of England the 8th. at Westminster in the County of Middlesex, the 4th. day of February, in the year of his Reign the 27th. of transferring uses in possession, holden, made, The aforesaid Francis was of the aforesaid 20. Acres of Pasture with the appurtenances seized in his Demesn as of Freehold, the remainder thereof after the death of the aforesaid Francis to the aforesaid David, and the Heirs of his body lawfully begotten, the remainder thereof to the aforesaid Nicholas and the heirs of his body lawfully begotten, the remainder thereof to the aforesaid Walter, and the heirs of his body lawfully begotten, the remainder thereof to the aforesaid Stephen, and his heirs for ever exptctant: and the aforesaid Francis so of the aforesaid 20. acres with the appurtenances in form aforesaid being seized, the remainder thereof to the aforesaid David in form aforesaid expectant: The said Francis afterwards, and before the time in which, etc. that is to say, the first day of May in the year of the Reign of the Lady the Queen that now is the 21th. enfeoffed one Richard Tomson of the aforesaid 20. acres of Pasture with the appurtenances, To have and to hold to the said Richard his heirs and assigns for ever. By virtue of which, the said Richard was of the said 20. acres of Pasture with their appurtenances seized in his Demesn as of Fee, by colour whereof, and for that the said Feoffment was made to the disinheriting of the said David, the said David in the aforesaid 20. Acres of Pasture with the appurtenances entered, and was thereof seized in his Demesn as of Feertail, the remainder thereof to the aforesaid Nicholas, and the heirs of his body lawfully begotten, the remainder thereof to the said Walter, and the heirs of his body lawfully begotten, the remainder thereof to the aforesaid Stephen, and his Heirs for ever. And the aforesaid David so thereof being seized, the remainder thereof in form aforesaid expectant, the said David afterwards, and before the time in which, etc. that is to say, the first day of May in the year of the Reign of the Lady the Queen that now is the 22th. at Willesdon aforesaid, demised the aforesaid five acres of Pasture of the aforesaid 20. acres of Pasture with the appurtenances, in which, etc. parcel, To one Adam Blunt, to have and to hold to the said Adam from the Feast of St. Michael the Archangel last passed, until the end and term of one year from thence next following and fully to be complete. By virtue of which the said Adam Blunt into the said five acres of Pasture with the appurtenances entered, and was thereof possessed, and the said Adam so being thereof possessed, afterwards and before the time in which enfeoffed the aforesaid Thomas Albany of the said five acres of Pasture with the appurtenances, To have and to hold to the said Thomas his heirs and assigns to the proper use and behoof of him the said Thomas his heirs and assigns for ever. By colour of which the said Thomas was of the said five arces of Pasture with the Appurtenances seized in his Demesn as of Fee: and the aforesaid John Grendon, claiming the said five acres of Pasture with the appurtenances, by colour of a certain Deed of Demise to him thereof made for the term of his life by the aforesaid Miles Hitchcock, whereas nothing of the said five acres of Pasture in the possession of the aforesaid John Grendon by the said Deed ever passed in the aforesaid five acres of Pasture, with the appurtenances before the time, in which, etc. entered, upon whose possession of the said John thereof, the said Thomas Albany afterwards, that is to say, the aforesaid time, in which, etc. into the aforesaid five acres of Pasture with the appurtenances entered, and the grass there then growing, with the  aforesaid fed, trod and consumed, as it was lawful for him to do, and this he is ready to aver; whereupon he prayeth judgement, if the aforesaid John Grendon his action aforesaid against him ought to have or maintain, etc. And as to any Trespass in the aforesaid 15. acres of Pasture, residue, the said Thomas Albany saith, that the aforesaid John Grendon his Action aforesaid thereof against him ought not to have or maintain, because he saith, That the aforesaid David long before the Trespass aforesaid, supposed to be done, being seized of the aforesaid 15. Acres of Pasture in his Demesn as of Fee tail, as before is said, before the time, in which, etc. that is to say the second day of May in the year of the Reign of the Lady the Queen that now is the 22th. aforesaid at Westminster aforesaid, by a certain Indenture, between the said David and the aforesaid Thomas Albany made, bearing date the same day and year, and in the Court of the Chancery of the said Lady the Queen at Westminster aforesaid within six months then next following, in due manner of Record enrolled, according to the form of the Statute in such case made and provided, one part of which sealed with the Seal of the said David, the said Thomas Albany brings in Court, bargained and sold to the said Thomas the aforesaid 15. acres of Pasture, residue, To have and to hold to the said Thomas, and his Heirs for ever, by colour of which Bargain, Sale, and enrolment, the said Thomas Albany of the aforesaid 15. acres of Pasture was seized in his Demesn as of Fee; and the aforesaid John Grendon claiming the said 15. acres of Pasture with the appurtenances by colour of the said Deed of Demise to him thereof made for the term of his life by the aforesaid Miles Hitchcock, where nothing of the said 15. acres of Pasture in the possession of the said John so passed, into the said 15. acres of Pastures with the appurtenances before the time in which entered into the aforesaid 15. acres of Land with the Appurtenances reentered, and the grass there then growing with the  aforesaid fed, trod, and consumed, as it was lawful for him to do; And this he is ready to aver, whereupon he demandeth Judgement if the said John Grendon his Action aforesaid against him ought to have or maintain, etc. And the aforesaid John Grendon, aswell unto the aforesaid first Plea, as to the aforesaid second Plea of the said Thomas Albany above in Bar pleaded, saith, That he for any thing in the said Pleas before alleged, ought not to be barred from having his Action against the said Thomas. Because he saith, That in the aforesaid Deed of Feoffment of the aforesaid Francis Bunny in the Bar aforesaid above specified, It was provided, That if it should happen one Peter Penruddock, to die without issue Male of his body lawfully begotten, not leaving his wife with Child by him in the life of the said Francis, That then and from thenceforth it should be lawful for the said Francis at all times at his will during his natural life, by his Writing Indented by him the said Francis to that intent made, sealed and subscribed in the presence of four credible and honest Witnesses at the least, to alter, change, determine, diminish, or to amplify any use or uses, limmitations, intentions or purposes, limited, mentioned, or appointed in and by the aforesaid Deed of Feoffment, made by the aforesaid Francis Bunny as before is said, or any use or uses of every, of any part or parcel of the premises, remainder, or remainders, rendition, or renditions, to any person or persons after the death of the said Francis, as by the said Deed of Feoffment aforesaid it more fully appeareth. And that afterwards, and before the time in which, etc. that is to say, The first day of May in the year of the Reign of the Lady the Queen, that now is, the 23th. at Willesdon aforesaid, the aforesaid Peter died without issue Male of his body lawfully begotten, and at the time of his death had not any wife; By which the aforesaid Francis afterwards, and before the time in which &c. that is to say, the 20th. day of March, in the year of the Reign of the Lady the Queen that now is, the 24th. at Willesdon aforesaid, By his Indenture between the aforesaid Francis of the one part, and the aforesaid David Bunny of the other part, sealed, subscribed, and delivered by him the said Francis to the aforesaid David Bunny in the presence of John from, William Cuersie, Thomas Waltham, and John Gostles four credible and honest Witnesses, which Indenture the aforesaid John Grendon, with the seal of the aforesaid Francis sealed, and with his hand underwritten here in Court brings, whose date is the same 20th. day of March in the year of the Reign of the said Lady the Queen that now is, the 24th. abovesaid changed the uses in the aforesaid Deed of Feoffment above expressed. And by the same Indenture, the said Francis Covenanted and agreed with the aforesaid David Bunny, that from thenceforth the said Michael Hitchcock, in the aforesaid Deed of Feoffment named, and his Heirs and all others who then were, or should be seized of the aforesaid 21. Acres of Pasture with the appurtenances, in which, etc. should be seized to the use of the said John Grendon, and his Heirs for ever, as by the same Indenture more fully appeareth. By colour whereof, and by virtue of the Statute of transferring of uses in possession made, the aforesaid John Grendon in the aforesaid 20. Acres of Pasture with the Appurtenances, in which, etc. entered, and was thereof possessed in his Demesn, as of Fee, until the said Thomas Albany, the day and year abovesaid in the Bill aforesaid above specified, the Close of the said John Grendon in the aforesaid 20. Acres of Pasture broke, and his grass to the value, etc. then their growings with his  aforesaid was fed, trod and consumed, as he above against him complaineth; And this he is ready to aver; Whereupon, in as much as the aforesaid Thomas Albany doth acknowledge the Trespass aforesaid in the aforesaid 20. acres of Pasture, with the appurtenances to be done, The aforesaid John demandeth Judgement, and his damages by occasion of the Trespass aforesaid to be to him adjudged, etc. And the aforesaid Thomas Albany saith, That well and true it is, That in the aforesaid Deed of Feoffment of the aforesaid Francis Bunny, It was Provided, That if it should happen the said Peter Penruddock, to die without issue Male of his Body lawfully begotten, not leaving his Wife with Child of a Son, in the life of the said Francis, that then, and from thence forth it should be lawful to the aforesaid Francis, at all times at his will, during his natural life, by his Writing by him the said Francis, to that intent made, in the presence of 4. Credible and Honest Witnesses at the least, to alter, change, determine, or amplify, any use or uses, Limitations, Intentions, or purposes, limited or appointed by the aforesaid deed of Feoffment, by the said Francis Bunny, as before is said made, or the use or uses, of any part or parcel of the premises, Remainder or Remainders, Reversion or Reversions, limited to any person or persons, after the death of the said Francis; And that afterwards, and before the time in which, etc. the aforesaid Peter died without issue Male of his Body lawfully begotten, the aforesaid Francis, at the time of the death of the aforesaid Peter, being in full life; But the said Thomas Albany further saith, That the said Francis in the life time of the said Peter Penruddock, that is to say, the first day of April, in the year of the Reign of the Lady the Queen that now is the 23th. at Willesdon aforesaid, By a certain Writing indented, made between him the said Francis of the one part, and the aforesaid Miles Hitchcock, and Tho. Albany of the other part, one part of which the said Thomas Albany, sealed with the Seal of the said Francis, here in Court brings, whose date is the same day & year, renounced, relinquished, and surrendered all manner of such Liberty, Power, and Authority, which he the said Francis, by force and virtue of the aforesaid Proviso above recited, or any Liberty in the aforesaid deed of Feoffment, mentioned and exppressed, of and from the death of the aforesaid Peter Penruddock, then had or aught to have, of, touching and concerning the Alteration, Changing, Determination, Diminishing, or Amplifying of such use or uses, Intentions and Limitations, as are in the said Indenture limited, expressed, and declared. And further the said Francis, by the said Writing, Remised, Released, and quit claimed, to the aforesaid Miles Hitchcock, and Thomas Abany, all the aforesaid Condition, Proviso, Covenant and Agreement before mentioned, and all and all manner of such Power, Liberty, Authority, Right, Title or Demand, which the said Franc. after the death of the said Peter, had or could have, claim or challenge or demand, by force and virtue of the same Condition and Proviso, in the aforesaid dee● of Feoffment contained; So that the said Francis, of and from the death of the aforesaid Peter Penrudd●●k, should not claim, challenge, demand, exercise, use, or have any power, liberty, or authority, to alter, change, determine, diminish, or amplify any use or uses, limitations, or declarations, in the aforesaid deed of Feoffment contained, expressed, limited or appointed, but that the said FRANCIS, from the death of the said Peter, of and from all such liberty, power, and authority, as before is said, should stand and remain, utterly barred, excluded, and discharged for ever. And further, the said Francis, by that Writing granted to the aforesaid Miles and Thomas, and their Heirs, that from thenceforth the aforesaid Condition, Proviso, Covenant and Agreement, and the aforesaid Power, Liberty, and Authority, should cease and be utterly void, to all Intents, Constructions, and Purposes; And this he is ready to aver, Whereupon as at first, he demandeth Judgement, and that the aforesaid John Grendon, from having his action aforesaid against him the said Thomas Albany be barred, etc. And the aforesaid John Grenden saith, That the Plea aforesaid, by the aforesaid Thomas Albany, in form aforesaid above by rejoinder pleaded, and the matter in the same contained, is not sufficient in Law, to bar him the said John Grendon, from having his Action aforesaid against the said Thomas Albany, To which the said John Grendon needeth not, nor is bound any ways by the Law of the Land to Answer, Wherefore for want of a sufficient rejoinder in this Plea, The said John Grendou demandeth Judgement and his damages, by the occasion aforesaid to be adjudged unto him, etc. And the aforesaid Thomas Albany saith, That the Plea of him the said Thomas, in manner and form aforesaid, above by rejoinder pleaded, and the matter in the same contained, is good and sufficient in Law, to bar the said John Grendon, from having his Action aforesaid against him the said Thomas Albany, which Plea, and the matter in the same contained, the said Thomas is ready to aver, and prove, as the Court, etc. And because the said John Grendon, to that Plea doth not answer, nor doth the same any ways deny. The said Thomas Albany, as at first prayeth Judgement, and that the said John Grendon from having his Action aforesaid against the said Thomas Albany, be barred, etc. And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day is given to the parties aforesaid, here before the Lady the Queen at Westmin. until Thursday next after the Morrow of the Purification of the Blessed Mary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here is not yet, etc.   

TRESPASS.  
Hillary Term, Anno 31ᵒ. ELIZABETH, Rot. 65. in the KINGS-BENCH, C. 1. part, Chudleighs Case. fol. 113. b.  
MEmorandum, That at another time, That is to say, Hillary Term 
Devon.  last passed, before the Lady the Queen at Westminster, came William Dillon Esquire, by Edward Hall his Attorney, And brought here in the Court of the said Lady the Queen, than there his Bill against John Frayne, in the Custody of the Marshal of a Plea of Trespass, and are Pledges of Suit, John Do, and Richard Roose, which Bill followeth in these words; ss. William Dillon Esquire, complaineth of John Frayne, in the Custody of the Marshal of the marshalsea of the Lady the Queen, before the Queen herself being, for that, That he, the 6th. day of November, in the year of the Reign of the said Lady the Queen that now is the 29th. with force and Arms, &c The Close of him the said William, called Sedan Close, at Tawestock, in the County as aforesaid, brake and entered, and his grass ●●ere to the value of 5. pound, then and there growing, with his , that is to say, with Horses, Oxen, Cows, Hogs and Sheep, fed, trod and consumed, continuing the Trespass aforesaid, as to the treading and consuming the grass from the aforesaid 6. day of November, the year 29th. aforesaid, until the bringing of this Bill, that is to say, the 8th. day of February, in the year of the Reign of the Lady the Queen that now is the 30th. divers days continuing, and divers other harms to him did, against the Peace of the said Lady the Queen that now is, to the damage of the said William 40. Marks, And thereof he bringeth Suit, etc. And now at this day, that is to say, Thursday next after 8. days of Saint Hillary this Term, (until which day the said John Frayne, had licence to imparl to the said Bill, and then to answer,) etc. before the Lady the Queen at Westminster, cometh as well the said William Dillon, by his Attorney aforesaid, as the aforesaid John Frayne, by John Halstaf his Attorney, and the said John Frayne defendeth the force and injury when, etc. And saith that he is not thereof guilty, and of this puts himself upon the Country, and the said William Dillon likewise, etc. Therefore a Jury was to come before the Lady the Queen at Westminster upon Tuesday next, after 8. days of the Purification of the blessed Mary, And who neither, etc. To Recognize, etc. Because as well, etc. The same day is given to the parties aforesaid here, etc. Afterwards the process thereof was continued between the parties aforesaid, of the Plea aforesaid by Jurors put thereof, between them in respite before the Lady the Queen at Westminster, until Thursday next after 8. days of Saint Michael than next following, unless the Justices of the Lady the Queen to Assizes, in the County aforesaid to be taken assigned, first upon Monday the 7th. day of July, at the Castle of Exeter in the County aforesaid, by the form of the Statute, etc. c●me, for default of Jurors, etc. At which Thursday next after 8. days of Saint Michael, befo●● the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid. And the aforesaid Justices to Assizes, before whom &c. sent their Record before them had in these words. ss. Afterwards the day and place within contained before Edmond Anderson Knight, Chief Justices of the Lady the Queen of the Bench, and Thomas Gent, one of the Barons of the Exchechequer of the Lady the Queen, Justices of the said Lady the Queen to Assizes, in the County of Devonshire, assigned by the form of the Statute, etc. came as well the within named William Dillon, by Morris Evans his Attorney, as the aforesaid John Frayne, by Thomas Felton his Attorney; And the Jurors of the Jury, whereof within mention is made, being called, some of them, that is to say, John Forse, of Crediton Gentleman, John Saltern, of Huslow, Nicholas Poynes, of Thornbury, and Robert Gunter, of Lapford, c●me and were sworn in the Jury aforesaid; And because the Residue of the Jurors of that Jury did not appear, Therefore others of the standers by, by the Sheriff of the County aforesaid, thereto chosen at the request of the aforesaid William Dillon, and by the command of the Justice's aforesaid were new put to, whose names to the Panel within written are filled, according to the form of the Statute in that case late made and provided; And the Jurors so of new put to, that is to say, Anthony Moring, Robert Luxton, Robert Letherens, Edward Webber, Thomas Parmiter, Ralph Mare, William Stowell, and Vincent Spark, likewise being called come, who to say the truth within contained, with the other Jurors within first impanelled, and sworn to say, chosen, tried, and sworn, say upon their Oath, That before the within written time in which it is supposed, the Trespass within written was done, that is to say, the 26th. day of April, in the years of the Reigns of the Lord Philip, and the Lady Mary, late King and Queen of England the 3d. and the fourth, and before, One Richard Chudleigh, Knight, was seized of the Manor of Hescot with the Appurtenances in the County aforesaid, whereof the Close within written with the appurtenances in which it is supposed the Trespass within written to be done is, and within the time in which, etc. as also time, whereof the memory of men is not to the contrary were parcel in his Demesn as of Fee; and that the aforesaid Richard Chudleigh before the aforesaid 26. day of April, in the years of the Reigns of the aforesaid late King and Queen, Philip and Mary, the third and fourth abovesaid, had issue of his body lawfully begotten, Christopher Chudleigh his eldest Son, Thomas Chudleigh his second Son, Oliver Chudleigh his third Son, and Nicholas Chudleigh his fourth Son: And the said Richard of the Manor aforesaid with the Appurtenances whereof, etc. in form aforesaid seized, the said Richard Chudleigh before the within written time in which, etc. that is to say, the aforesaid 26th. day of April, in the years of the Reign of the aforesaid late King and Queen Philip and Mary the third and fourth abovesaid, by his Indenture Quadripartite sealed with the Seal of the said Richard Chudleigh, and to the Jurors showed in evidence, whose date is the same day and year of the Manor aforesaid with the Appurtenances thereof (amongst other things) enfeoffed, John Sentleger, Knight, Giles Strangeways, Knight, John Wadham, Esquire, John Gilbert Esquire, Thomas Carew, Esquire, Richard Bampfield, Esquire, John Ridgeway, Esquire, Robert Fulfood, Esquire, Thomas Williams, John Eveleigh, Gent. and William Hole, Gent. To have and to hold the aforesaid Manor with the Appurtenances whereof, etc. amongst other things, to the same John Saintleger, Giles Strangewayes, John Wadham, John Gilbert, Thomas Carew, Richard campfield, John Ridgeway, Robert Fulford, Thomas William's, John Eveleigh and William Hole their Heirs and Assigns for ever, only to such uses & intents, as in the said Indenture Quadripartite are declared and specified, That is to say, To the use and behoof of the said Richard Chudleigh and his heirs of the body of Mary then the wife of the aforesaid Thomas Carew lawfully to be begotten; and for default of such issue, to the use of the aforesaid Richard Chudleigh, and his heirs of the body of Elizabeth, than the wife of the said Rich. Bampfield lawfully to be begotten, and for default of such issue, to the use of the heirs of the said Rich. Chudleigh, on the body of Elinor then the wife of the said Thomas William▪ lawfully to be begotten, and for default of such issue, to the use of the aforesaid Richard Chudleigh, and his heirs on the body of Johan, than the wife of the said John Eveleigh lawfully to be begotten, and for default of such issue, to the use of the aforesaid Richa●d Chudleigh, and his heirs on the body of Johann, than the wife of the aforesaid Giles Strangewayes lawfully to be begotten; and for default o● such issue, to the use of the aforesaid Richard Chudleigh, and his heirs on the body of Lawrence● then the wife of the aforesaid Robert Fulford, lawfully to be begotten; and if it should happen the said Richard Chudleigh should die without issue on the bodies of the said Mary, Elizabeth, Emleme, Johan, Johan, and Laurencea lawfully begotten, than the aforesaid John Sentleger, and other his Feoffees, and their Heirs should be seized, of and in the Manor aforesaid, with the appurtenances, whereof, etc. amongst other things, for and during the term of 10. years after the death of him the said Richard Chudleigh than next following to the use and performance of the last Will of the aforesaid Richard Chudleigh; And after the aforesaid term of 10. ●ears completed and ended, than the aforesaid John Sentleger, Giles Strangewayes, John Wadham, John Gilbert, Thomas Carew, Richard Bampfield, john Ridgway, Robert Fulford, Thomas William's, John Eveleigh, and William Hole, their Heirs and assigns should stand and be seized of and in the Manor aforesaid with the appurtenances whereof, etc. amongst other things, to the use and behoof of the aforesaid john Sentleger, Giles Strangewayes, john bradham, john Gilbert, Thomas Carew, Richard Bampfield, john Ridgeway, Robert Fulford, Thomas William's, john Eveleigh, and William Hole their Heirs and Assigns for ever, for and during the natural life of the afore- Christopher Chudleigh his eldest Son, and after the death of the said Christopher his Son, the aforesaid Feoffees, their Heirs and Assigns should stand and be seized of and in the Manor aforesaid with the appurtenances whereof, etc. amongst ot●er things to the use and behoof of the first issue Male of the body of the aforesaid Christopher lawfully begotten, and the heirs of the body of such first issue, lawfully to be begotten; and for default of such issue, to the use o● the second issue Male, by the said Christopher lawfully to be begotten; and the heirs of the body of such second issue Male, lawfully begotten; and for default of such issue, to the use of the third issue Male, by the aforesaid Christopher lawfully to be begotten, & the heirs of the body of such third issue Male lawfully to be begotten, & for default of such issue to the use o● the fourth issue Male, and the heirs of the body of such fourth issue male, by the aforesaid Christopher lawfully to be begotten on the Heirs of the body of such fourth Issue Male lawfully to be begotten, and for default of such issue, to the use of the fifth issue Male by the aforesaid Christopher lawfully to be begotten, and the heirs of the body of the aforesaid 5th. issue male lawfully to be begotten, and for default of such Issue, to the use of the 6th. Issue male by the aforesaid Christopher Lawfully to be begotten, and the Heirs of the body of the aforesaid 6th. Issue male Lawfully to be begotten. And for default of such Issue, to the use of the 7th. Issue male by the aforesaid Christopher Chudleigh Lawfully to be begotten, and the Heirs of the Body of the aforesaid 7th. Issue male Lawfully to be begotten, and for default of such Issue, to the use of the 8th. Issue male by the aforesaid Christopher Chudley, Lawfully to be begotten, and the Heirs of the body of the aforesaid 8th. Issue male Lawfully to be begotten, And for default of such Issue, to the use of the 9th. Issue male, by the aforesaid Christopher Lawfully to be begotten, and the Heirs of the Body of the aforesaid 9th. Issue male Lawfully to be begotten, and for default of such Issue, to the use of the 10th. Issue male Lawfally to be begotten, and the Heirs of the body of the aforesaid 10th. Issue male Lawfully to be begotten, And if it should happen the aforesaid Christopher to die without Issue male of his body Lawfully to be begotten, than the aforesaid Feoffees and every of them their Heirs and Assigns should stand and be seized of and in the Manor aforesaid, with the Appurtenances whereof, etc. amongst other things, to the use and behoof of the aforesaid Thomas Chudleigh another Son of the aforesaid Richard Chudleigh, and the Heirs of his body Lawfully to be begotten, and for default of such Issue to the use and behoof of the aforesaid Oliver Chudleigh, another Son of the aforesaid Richard Chudleigh, and the Heirs of his body Lawfully to be begotten, and for default of such Issue to the use and behoof of the right Heirs of the said Richard Chudleigh Knight for ever, as by the said Indenture Quadrupartite amongst other things more fully it appeareth, By colour of which Feoffment, and by force of a certain Act of Parliament of the Lord Henry late King of England the 8th. the 4th. day of February in the 27th. year of his Reign at Westminster in the County of Middlesex of transferring uses in possession there holden, made and provided, the aforesaid Richard Chudleigh was seized of the Manor aforesaid with the Appurtenances whereof, amongst otherthings as the Law requireth. And the aforesaid Richard Chudleigh of the Manor aforesaid, with the Appurtenances whereof, etc. so being seited, the same Richard before the within written time in which, etc. that is so say, the 17th. day of November, in the years of the Reigns of the aforesaid late King and Queen Philip and Mary, the 5th. and 6th. died, and that neither at the time of the death of him the said Richard Chudleigh, and before the day of the bringing of the Bill within written, there was any Heir of the aforesaid Richard Chudleigh of the bodies of any the aforesaid Mary, Elizabeth, Emlem, Johan, and Laurence, Lawfally begotten: And that after the death of the aforesaid Richard Chudleigh, and before the time in which the aforasaid John Sentleger, Giles Strangewaies, John Wadham, John Gilbert, Themas Carew, Richard Bampfield, John Bridgway, Robert Fulford, Thomas Williams, John Eveleigh, and William Hole, into the Manors aforesaid with the appurtenances whereof, etc. amongst other things entered, and were thereof possessed or seized, as upon the whole matter aforesaid, the Law requireth; and so thereof being possessed, or seized, Christopher Chudleigh, after the death of the aforesaid Richard before the within written time in which, etc. took to wife Christian Sracheley; and that the aforesaid John Sentleger, Giles Strangewaies, John Wadham, John Gilbert, Thomas Carew, Richard Bampfield, John Ridgeway, Robert Falford, Thomas Williams, John 〈◊〉, and William Hole, of the aforesaid Manor with the Appurtenances whereof &c. amongst other things in form aforesaid possessed or being sei●●●, before the within written time in which, etc. that is to say, The ●ath. day of August, in the year of the Reign of the Lady the Queen that n● was the first, the said Oliver Chudleigh, then living, & being in full life, by their writing sealed with their Seals, and to the Jurors aforesaid showed in Evidence, whose date is the same day and year, freely and without any Consideration amongst other things, enfeoffed the aforesaid Christopher Chudle●gh, then and before having notice of the making of the aforesaid Q●●d●up●tite Indenture and of the uses in the same contained, To have, and to hold the Manor aforesaid with the Appurtenances, whereof, etc. amongst other things, To the said Christopher, his Heirs and Assigns for ever, to the only ●● & behoof of the said Christopher, his Heirs & Assigns for ever. By virtue of w●● Feoffment, The said Christopher Chudleigh, was seized of the Manor aforesaid with the Appurtenances, whereof, amongst other things, as the Law requireth. And so thereof being seized. The said Christopher Chudleigh, before the within written time in which, etc. that is to say, the 20th. day of September, in the year of the Reign of the Lady the Queen that now is the third, had issue of his Body lawfully begotten, one Stretchl●y Chudley his first Son; And that the said Christopher Chudleigh, afterwards and before the time in which, etc. that is to say, the 30th. day of May in the year of the Reign of the Lady the Queen that now is, had another issue of his Body lawfully begotten, that is to say, one John Chudleigh his second Son; And the aforesaid Christo. Chudleigh, of the Manor aforesaid with the Appurtenances, whereof, etc. in form aforesaid being seized, The said Christopher afterwards, and before the within written time in which, etc. that is to say, the first day of July, in the year of the Reign of the Lady the Queen that now is the 6th. by his writing indented sealed with his seal, and to the Jurors aforesaid showed in Evidence, whose date is the said first day of July, in the 6th, year abovesaid, And afterwards, that is to say, the ●th. day of October, in the year of the Reign of the said Lady the Queen that now is the 6th. abovesaid, before Robert Dennis Knight, one of the 〈◊〉 of the said Lady the Queen, for the County aforesaid, and George 〈◊〉 Esquire, Clerk of the Peace of the said County to be kept assigned, ●s the deed of the said Christopher acknowleledged, and according to the form of the Statute in such such case made and provided enrolled, in consideration of 220. pound, to him by one John Chichester Knight, before then paid, bargained, and sold, to the said John Chichester, the Manor aforesaid with the Appurtenances, whereof, etc. To have, & to hold to the said John Chichester, his Heirs and Assigns forever, to the only use and behoof of the said John Chichester his Heirs and Assigns for ever. And that the aforesaid Christopher Chudleigh moreover, before the within written time in which, etc. that is to say, the 6th. day of July, in the year of the Reign of the said Lady the Queen that now is the 6th. abovesaid, by his deed sealed with his Seal, and to the Jurors aforesaid showed in Evidence, whose date is the said 6th. day of July aforesaid, of the Manor aforesaid with the Appurtenances, whereof, etc. Enfeoffed the aforesaid John Chichester, To have, and to hold the said Manor with the Appurtenances, whereof, etc. To the said John Chichester, his Heirs and Assigns for ever, to the only use and behoof of the said John Chichester, his Heirs and Assigns for ever. And by the said deed aforesaid, The said Christopher granted for him and his Heirs, That he and his Heirs, the Manor aforesaid with the Appurtenances, whereof, etc. to the aforesaid John Christopher, his Heirs and Assigns, to the only use and behoof of the said John Christopher his Heirs and Assigns, against all Men would warrant and defend by the said deed, as by the said deed more fully appeareth. By virtue of which Fefeoffment, and of which aforesaid Bargain and Sale, the aforesaid John Chichester, was seized of the Manor aforesaid with the Appurtenances, whereof, etc. as the Law requireth; And so living thereof seized, The aforesaid Christopher Chudleigh aftewards, and before the within written time in which, etc. that is to say, the first day of October, in the year of the Reign of the Lady the Queen that now is the 12th. died, being the aforesaid Stretchly Chudleigh, Eldest Son and Heir of the said Christopher, and John Chudleigh his second Son. And afterwards, and before the time in which, etc. that is to say, the 7th. day of November, in the year of the Reign of the said ●ady the Queen that now is the 13th. The said Stretchley Chudleigh, died without issue of his Body begotten, the said John Chudleigh, Brother and Heir of the said Strechley then living, and in full life being, that is to say, at Tawstock aforesaid, in the County aforesaid; And that the aforesaid John Chudleigh, after the death of the aforesaid Stretchley his Brother, was and yet is Heir of the aforesaid Christopher Chudleigh his Father. And the said John Chudleigh, of the Manor aforesaid with the Appurtenances, whereof, etc. in form aforesaid being seized, The said John Chichester, before the within written time in which, etc. that is to say, the 6th. day of September, in the year of the Reign of the said Lady the Queen that now is the 7th. of the Manor aforesaid with the Appurtenances, whereof, etc. enfeoffed one Philip Chichester Gentleman, To have, and to hold the said Manor with the Appurtenances, whereof, etc. to the said Philip Chichester, his Heirs and Assigns for ever, to the only use of him the said Philip Chichester, his Heirs and Assigns for ever. By virtue of which Feoffment, the said Philip Chichester, was seized of the Manor aforesaid with the Appurtenances, whereof, etc. as the Law requireth; And that the Close aforesaid with the Appurtenances, in which, etc. is, and the within written time in which, etc. as also from the whole time aforesaid, was customary Land of the Manor aforesaid, and demised, and demisable by Copy of Court Roll, of the Manor aforesaid, by the Lord or his Steward, of the Manor aforesaid for the time being, to any person or persons, who were willing to take the same for Term of Life or Lives, at the will of the Lord, according to the Custom of the Manor aforesaid; And the aforesaid PHILIP Chichester, of the Manor aforesaid with the Appurtenances, whereof, etc. as the Law requireth, etc. Being seized before the time within which, etc. That is to say, the 8th. day of October, in the year of the Reign of the said Lady the Queen that now is the 15th. At the Court of his Manor aforesaid, then holden at the said Manor of Hescot aforesaid, of his own delivery the Close aforesaid with the Appurtenances, amongst other things to the aforesaid John Frayne, granted for the Term of his Life, at the Will of the Lord, according to the Custom of the Manor aforesaid; By virtue of which grant, the said John Frayne, before the time in which, etc. entered, and was thereof seized, as the Law requireth. etc. And so thereof being seized, the said John Chudley, being Heir as before is said, of the aforesaid Christopher Chudleigh, before the within written time in which, etc. That is to say, the 11th. day of March, in the year of the Reign of the Lady the Queen that now is the 28th. in the Manor aforesaid with the Appurtenances, whereof, etc. in and upon the possession of the aforesaid Philip Chichester, thereof, entered and was thereof possessed, as the Law requireth, &c: And so being possessed, before the within written time in which, etc. that is to say, the 11th. day of March, in the year of the Reign of the said Lady the Queen that now is, Of the Manor aforesaid with the appurtenances whereof enfeoffed the aforesaid William Dillon, To have, and to hold that Manor with the Appurtenances whereof to the said William Dillon, his Heirs and Assigns for ever. By virtue of which Feoffment, before the time in which, etc. The said William Dillon, into the Close aforesaid with the Appurtenances, in which, etc. in and upon the possession of the said John Frayne thereof entered, and him the said John Frayne, from his possession thereof expelled and amoved, and was thereof seized as the Law requireth, until the aforesaid John Frayne, the within written 16th. day of November, into the Close within written with the Appurtenances, in which, etc. in and upon the possession of the said William Dillon thereof entered, and the Grass then and there growing, with the Gattel within written, fed, trod and consumed, and continued the same from the aforesaid 16th. day of November, in the 29th. year aforesaid, until the within written 8th. day of February, the 30th. year within written; But whether upon the whole matter aforesaid, in form aforesaid found, the aforesaid John Frayne, be guilty of the Trespass within written or not, the Jurors aforesaid are ignorant; And thereupon pray the Advise and Discretion of the Court, etc. And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Justices here, That the aforesaid Entry, of the aforesaid John Frayne, into the Close within written with the Appurtenances, in and upon the possession of the aforesaid William Dillon, thereof be not a good and lawful Entry in Law, Then the said Jurors say, upon their Oath aforesaid, That the said Frayne, is guilty of the Trespass within written, as the aforesaid William Dillon above against him complaineth. And then they assess the Damages of the said William, by occasion of that Trespass, above his costs and charges by him about his Suit in this part expended, to 4. pence, And for his costs and charges to 20. shillings. And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Justices and Court here, That the aforesaid Entry of the aforesaid John ●rayne, into the Close within written with the Appurtenances, in which, etc. in and upon the possession of the aforesaid William Dillon, thereof be a good and lawful Entry in Law, Then the said Jurors say upon their Oath aforesaid, That the aforesaid John Frayne is not guilty of the Trespass within written, as the aforesaid John Frayne within hath alleged. And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet a vised, Day is given to the parties aforesaid, in state as now before the Lady the Queen at Westminster, until Friday next after 8. days of Saint Hillary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid by their Attorney's aforesaid; And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof is further given to the parties aforesaid in state as now, before the Lady the Queen at Westminster, until Monday next after one Month of Easter, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid here in state, as now, before the Lady the Queen at Westminster, until Friday next after the Morrow of the Holy Trinity, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here of their Judgement thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, day is given to the parties aforesaid in state as now, before the Lady the Queen at Westminster, until Monday next after three Weeks of Saint Michael, to hear their judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day, before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises, is not yet avised, Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster, until Saturday next after 8. days of Saint Hillary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties by their Attorney's aforesaid; And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof is further given to the parties in state as now before the Lady the Queen at Westminster, until Saturday next afer 15. days of Easter, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid; And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day is given to the parties in state, as now, before the Lady the Queen at Westminster, until Saturday next after 8. days of the Holy Trinity, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid; And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid in state as now before the Lady the Queen at Westminster, until Thursday in the Feast of St. Martin, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, further day is given to the parties aforesaid in state, as now before the Lady the Queen at Westminster, until Tuesday next after the Morrow of the Purification of the blessed Mary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Further day is given to the parties aforesaid in state as now, before the Lady the Queen at Westminster, until Wednesday next after 15. days of Easter, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof is further given to the parties aforesaid in state, as now, before the Lady the Queen at Westminster, until Friday next after the Holy Trinity, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Q. at West. come the parties aforesaid by their Attorney's aforesaid, And because the Court of the Lady the Queen of giving their Judgement of & upon the premises is not yet avised, Day is given to the parties aforesaid in state, as now, before the Lady the Que. at Westminster, until Monday next after 8. days of Saint Michael, to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet, etc. Before which day, the Plea aforesaid was adjourned, by the Writ of the said Lady the Queen of Common Adjornment, before the Lady the Queen, until from the day of Saint Michael, in one Month than next following, wheresoever, etc. At which day the Plea aforesaid was further adjourned by another Writ of the said Lady the Queen of Common Adjornment, before the said Lady the Queen, until the Morrow of All Souls than next following, At the Castle of Hertford, At which day, before the Lady the Queen at the Castle of Hertford, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised, Day thereof is further given to the parties aforesaid in state as now, before the Lady the Queen, at the Castle of Hertford, until Tuesday next after 8. days of Saint Hillary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. Before which day, the Plea aforesaid was adjourned, by the Writ of the Lady the Queen of Common Adjornment, before the Lady the Queen, in 8. days of Saint Hillary at Westminster, At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of & upon the premises is not yet avised, further day is given to the parties in state as now, before the Lady the Queen at Westminster, until Wednesday next, after 15. days of Easter, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, further day is given to the parties aforesaid in state as now, before the Lady the Queen at Westminster, until Friday next after the Morrow of Holy Trinity, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, further day is given to the parties aforesaid in state as now, before the Lady the Queen at Westminstrr, until Tuesday next after 8. days of Saint Michael, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. Before which day, The Plea aforesaid was adjourned by the Writ of the Lady the Queen of Common Adjornment, before the Lady the Queen, until the day from Saint Michael, in one Month than next following, At the Town of Saint Alban, in the County of Hertford, At which day the Plea aforesaid by another Writ of the said Lady the Queen of Common Adjornment, was adjourned before the said Lady the Queen, until the Morrow of All Souls than next following, at the aforesaid Town of St. Alban, At which day before the Lady the Q. at the aforesaid Town of St. Alban, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here, of giving their Judgement of & upon the premises is not avised, further day is given to the parties aforesaid in state as now, before the Lady the Queen, at the aforesaid Town of Saint Alban, until Wednesday next after 8. days of Saint Hillary, to hear their Judgement of upon & the premises, because the Court of the Lady the Queen here thereof not yet, etc. Before which day, the Plea aforesaid was adjourned, by another Writ of Common Adjornment, before the Lady the Queen, from the aforesaid Town of Saint Alban, until the said 8. days of Saint Hillary, at Westminster aforesaid, At which day before the Lady the Queen at Westmin. come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, further day thereof is given to the parties aforesaid in state as now, before the Lady the Queen at Westminster, until Wednesday next after 15. days of Easter, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day further is given to the parties aforesaid in state as now, before the Lady the Queen at Westminster, until Friday next after the Morrow of Holy Trinity, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westmin. come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Que. here of giving their Judgement of and upon the premises is not yet avised, further day is given to the parties aforesaid in state as now, before the said Lady the Queen at Westminster, until Tuesday next after 8. days of Saint Michael, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster, until Thursday next after 8. days of Saint Hillary, to hear their Judgement thereof, etc. because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid by their Attorneys aforesaid. Upon which, all & singular the premises being seen, & by the Court of the Lady the Queen here well understood, and diligently looked into, & mature deliberation being thereof had, because it seemeth to the Court of the Lady the Queen that now is here, That the aforesaid Entry of the aforesaid John Frayne into the Close within written, with the Appurtenances in which, etc. in and upon the possession of the aforesaid William Dillon thereof is a good and lawful Entry: It is granted, That the aforesaid William Dillon take nothing by his Bill aforesaid, but for his false clamour be in mercy, etc. And the aforesaid John Frayne, thereof go without day, etc.   

TRESPASS.  
Trinity Term, Anno 24. ELIZABETH. Rot. 928. in the COMMON-PLEAS, Co. 2. part. Thoroughgoods' Case, Fol. 5. b.  
WIlliam Cole late of Great Paringdon in the County aforesaid, Gent. 
Essex.  was attached to answer to William Thoroughgood of a Plea, wherefore with force and arms, the Close and House of him the said William Thoroughgood at great Paringdon he broke, and his grass there to the value of 20. l. growing, with certain  trod and consumed, and other harms to him did to the grievous damage of him the said William Thoroughgood, and against the Peace of the Lady the Queen that now is, etc. And whereupon, The said William Thoroughgood by William Aylesbury Attorney, complaineth, That the aforesaid William Cole the 12th. day of October, in the year of the Reign of the Lady the Queen that now is the 23. with force and arms, the Close and House of him the said William Thoroughgood at great Paringdon aforesaid brake, and his grass to the value, etc. there late growing, with certain , that is to say, Horses, Cows, Hogs and Sheep, fed, trod and consumed, the Trespass aforesaid as to the feeding, treading and consuming of the grass aforesaid, from the aforesaid 12th. day of October in the 23th. year abovesaid, until the day of the bringing of this Writ Original of him the said William Thoroughgood, that is to say, the 6th. day of November than next following, divers days and terms continuing, and other harms, etc. To the grievous damage, etc. and against the Peace, etc. and whereupon he saith, he is the worse, and hath damage to the value of 40. l. and thereof he bringeth Suit, etc. And the aforesaid William Cole by Thomas Reynolds his Attorney cometh and defendeth the force and injury when, etc. And as to the coming with force and arms, he saith, That he is not guilty thereof; and of this puts himself upon the Country; and the aforesaid William Thoroughgood likewise. And as to the rest of the Trespass aforesaid, above supposed to be done, The said William Cole saith, That the aforesaid William Thoroughgood, ought not to have his Action against him, because he saith, That the Close and House aforesaid, as also the places in which it is supposed the Trespass aforesaid to be done, are, and at the time of the Trespass aforesaid, above supposed to be done, were one Message and two Acres of Meadow with the Appurtenances called Nichols Tenement in great Paringdon aforesaid, which Tenements, with the apturtenances are, and the aforesaid time of the Trespass aforesaid, above-supposed to be done, were the soil and Freehold of him the said William Cole; for which, the aforesaid William the aforesaid time in which, etc. the Close and House aforesaid as his Close, and soil, and Freehold of him the said William, into the same Message, and two Acres of Meadow with the appurtenances broke and the grass of him the said William Cole there of his own there growing with his  did feed, tread and consume as it was lawful for him to do; And this he is ready to aver, whereupon he demandeth Judgement, whether that the aforesaid Wil Thoroughgood his action aforesaid against him, aught to have, etc. And the aforesaid William Thoroughgood saith, That he for any thing before alleged from having his Action aforesaid ought not to be barred, because he saith, That the Close and house, and also the places in which the Trespass aforesaid, whereof he above maketh complaint, was, are, and at the time of the Trespass aforesaid done, were one Message called Burrowes, 8. Acres of Land, called the great West field, four Acres of Land called Diggins Holme, and six Acres of Land called Grove field with the Appurtenances in great Paringdon aforesaid, others then the aforesaid Message, and two Acres of Meadow with the Appurtenances called Nichols Tenements in the Bar of the aforesaid William Cole above specified, and this he is ready to aver, wherefore in as much as the said William Cole to the Trespass aforesaid in the Tenements aforesaid, with the Appurtenances new assigned over, doth not Answer; the aforesaid William Thoroughgood demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged, etc. And the aforesaid William Cole, as to any Trespass in the aforesaid Tenements now assigned, supposed to be done, he saith, That the aforesaid William Thoroughgood his action against him ought not to have, because he saith, That long before the aforesaid time of the Trespass aforesaid above supposed to be done, That the aforesaid William Thoroughgood, was seized of the said Tenements with the Appurtenances new assigned in his Demesn as of Fee; and so thereof being sized, before the aforesaid time in which, etc. A Fine was Levied in the Court of the Lady the Queen, that now is here, that is to say, at Westminster in 8. days of St. Hillary in the 10th. year of her Reign, before James Dyer, Richard Weston, John Welsh and Richard Harper, than Justices, and afterwards from the day of Easter in 14. days then next following, granted, and recorded, before the same Justices, and other the Queen's faithful peuple than and there present, between William Chicken and Elizabeth his wife Plaintiffs, and the aforesaid William Thoroughgood and Agnes his wife Defendants, of the Tenements aforesaid with the Appurtenances amongst other things, by the names of one Message, one Garden, 45. Acres of Land, 5. Acres of Meadow, 10. Acres of Pasture, and four Acres of Wood with the Appurtenances in great Paringdon and Avydon, whereof a Plea of Covenant was sued between them in the said Court here, That is to say, that the aforesaid Will. Thoroughood & Agnes his wife acknowledged the Tenements aforesaid to be the Right of the said William Chicken, as those which the said William and Elizabeth had of the gift of the aforesaid William Thoroughgood and Agnes, and them remised and quit claimed from them the said William & Agnes, and their Heirs to the aforesaid William Chicken and Elizabeth, & the Heirs of the said William forever, which Fine in form aforesaid levied and had, was levied, to the use of the aforesaid William Chicken and Elizabeth, and the Heirs of the said William forever. By virtue of which Fine the aforesaid William Chicken and Elizabeth were seized of the Tenements aforesaid, that is to say, The said William Chicken in his Demesn as of Fee, and the aforesaid Elizabeth in her Demesn as of Freehold for the term of her life. And the said William and Elizabeth so thereof being seized, before the aforesaid time in which, etc. Of the said Tenements with the Appurtenances enfeoffed one Edward Turner Esavire, To have to him and his Heirs for ever. By virtue of which Feoffment the aforesaid Edward was of the Tenements aforesaid with the Appurtenances seized in his Demesn of Fee, By which, the said William Cole as servant to the said Edward, and by his Commandment, the aforesaid tim in which, etc. the Close and House aforesaid, as the Close and House, soil and Freehold of the said Edward his own, brake, and the grass aforesaid, as the proper grass of him the said Edward in the Tenements aforesaid with the Appurtenances, new assigned then growing, with his  aforesaid, fed, trod, and consumed, as it was lawful for him to do: And this he is ready to aver; whereupon, he demandeth Judgement, if the aforesaid William Thoroughgood his Action aforesaid against him ought to have, etc. And the aforesaid William Thoroughgood, as to the aforesaid Plea of the aforesaid William Cole to the Trespass aforesaid in the Tenements aforesaid with the appurtenances of new Assignment done above in Bar thereof pleaded, saith, That he for any thing in the said Plea before allegeth from the having his action aforesaid, ought not to be barred: Because he saith, That the aforesaid Fine was had and levied to the use and behoof of the aforesaid William Chicken and Elizabeth, and the heirs of the said William, upon the Condition that the aforesaid William Chicken and Elizabeth, and the Heirs and Assigns of the said William Chicken, well and truly should deliver and pay to the said William Thoroughgood and Agnes and their Executors and Assigns, 8 l. of good and lawful money of England, and four Quarters of Malt at the Mansion house called Barrowes in Paringdon aforesaid yearly during the natural lives of them the said William Thoroughgood and Agnes, and the longer liver of them, at the Feast of St. Michael the Archangel, and the Feast of the Anunciation of the blessed Mary the Virgin by equal portions; and also upon condition, That the aforesaid William Chicken and Elizabeth, and their Heirs or Assigns should pay to the said William Thoroughgood and Agnes, their Executors, Administrators, or assigns, 76. l. 13. s. and 4. d. of like lawful money of England, at the aforesaid Mansion house called Barrows, in form following, that is to say, at the Feast of St. Michael the Archangel in the year of our Lord God, 1568. three pound, six shillings eight pence; and so at the Feast of St. Michael the Archangels at the Mansion House aforesaid three pound six shillings eight pence yearly, until the aforesaid sum of seventy six pound 13. s. and 4. d. should be fully satisfied and paid; and for the not payment doing and performing of the aforesaid Conditions, according to the true intents and meanings of the same Condition, the aforesaid Fine, and other the conveyance aforesaid to be made, were to the use and behoof of them the said William Thoroughgood and Agnes as in their former estate, by colour of which Fine, the aforesaid William Chicken and Elizabeth were seized of the Tenements aforesaid with the Apurtenances of new assigned amongst other things, that is to say, the aforesaid William in his Demesn as of Fee, and the aforesaid Elizabeth in her Demesn as of Freehold for term of her life, upon the Conditions aforesaid; And further the said William Thoroughgood, by Protestation, that the said William Chicken and Elizabeth did not pay, do or perform any thing according to the form and effect of the Conditions aforesaid, For Plea saith, That the aforesaid William Chicken and Elizabeth, or either of them, did not pay, or either of them pay to the said William Thoroughgood and Agnes, or either of them 3. l. 6s. 8ds. of good and lawful money of England, at the Feast of St. Michael the Archangel, on the year of the Reign of the said Lady the Queen, that now is the 18th. Which to them at the said Feast of St. Michael, they ought to have paid according to the form and effect of the aforesaid first Condition, by which, the aforesaid William Thoroughgood, by virtue of the Fine aforesaid, and by force of a certain Act in Parliament of the Lord Henry late King of England, the 8th. at Westminster, the fourth day of February in the year of his Reign the 27th. holden, made and provided of transferring uses in possession, was seized of the Tenements aforesaid, with the Appurtenances of new assigned amongst other things in his Demesn as of Fee; and in the Tenements aforesaid of new assigned, entered, and the aforesaid William Cole, the day and year in the Declaration aforesaid above specified, with force and Arms, etc. the Close and House of him the said William Thoroughgood in the aforesaid Tenements of new assigned, broke, and the grass aforesaid there then growing with his  aforesaid was fed, trod and consumed, as he the said William against him complaineth; and this he is ready to aver: Wherefore, in as much as the said William Cole, doth acknowledge the Trespass aforesaid in the same Tenements of new assigned, done as abovesaid, The said William Thoroughgood demandeth Judgement & his damages, by the occasion of that Trespass to be to him adjudged, etc. And the aforesaid William Cole by Protestation, That the Fine aforesad was not levied to the use of the said William Chicken and Elizabeth upon the Conditions aforesaid, as the aforesaid William Thoroughgood above allegeth, For Plea saith, That after the Fine aforesaid Levied, that is to say, the second day of September in the year of the Reign of the Lady the Queen that now is the 18th. at Great Paringdon aforesaid, the aforesaid William Thoroughgood by his Writing of the Lease, which the said William Cole with the Seal of the said William Thoroughgood Sealed here in Court brings, whose Date is the same day and year, by the name of William Thoroughgood of Hansdon in the County of Hertford, Yeoman, Remised, Released, and for him and his Heirs for ever, quit, claimed, to the aforesaid William Chicken by the name of William Chicken of Hansdon aforesaid, Yeoman, All and all manner of Conditions, Entries, for Conditions broken, and demands whatsoever from the beginning of the World unto the day of the Date of the said Writing of Release; and this he is ready to aver, whereupon as at first he demandeth Judgement; and that the aforesaid William Thoroughgood be barred from having his Action aforesaid against him, etc. and the aforesaid William Thoroughgood saith, That he is a Layman, and unlearned, and that at the time of the making of the Writing of Release supposed to be done, divers arrearages of the aforesaid yearly payments, above recited in form aforesaid, to be paid were behind, and that the aforesaid Writing of Release, was then read and declared to him, as a Writing of Acquittance of all arrearages of moneys, to him in form aforesaid to be paid, then to the said William Thoroughgood, being behind and not paid only: By which the said William Thoroughgood, believing that Writing to be a Writing of Acquittance, of the arrearages of the moneys aforesaid only, sealed and delivered the said Writing, to the aforesaid William Chicken, and said William Thoroughgood saith, That the said Writing in Court here brought, containing in self, him the said William Thoroughgood, to have Remised, Released, and for him and his He is for ever quit claimed, to the aforesaid Wiliam Chicken, all, and all manner of Conditions, Entries for Conditions broken, and Demands whatsoever, from the beginning of the world, until the day of the date of the said Writing of Release, is not his Deed; And he prayeth that this may be enquired of by the Country; And the aforesaid William Cole likewise, Therefore it is commanded to the Sheriff, that he cause to come from the day of the Holy Trinity, in 3. Weeks 12. etc. By whom, etc. And who neither, etc. To Recognize, etc. Because as well, etc. Afterwards the process was continued between the parties aforesaid, of the Plea aforesaid, by Jurors put between them in respite here, until this day, that is to say, the Morrow of Saint Martin, in the year of the Reign of the Lady the Queen that now is 25th. And now at this day, come as as well the aforesaid William Thoroughgood, as the aforesaid William Cole, by their Attorney's aforesaid, And the Jurors thereof impanelled likewise come, who to say the truth of the premises, chosen, tried, and sworn, say upon their Oath, that the aforesaid William Thoroughgood, is a Layman, and unlearned, and that divers arrearages of the yearly payments aforesaid, to the aforesaid William Thoroughgood, the aforesaid time of making of the aforesaid Writing of Release were unpaid, And also that the said Wriging of Release, at the time of the sealing thereof, was not read to the aforesaid William Thoroughgood, But after one Thomas Ward, had begun to read that Writing to the aforesaid Willam Thoroughgood, One John Ward snatched that Writing out of the hands of the aforesaid Thomas, before he had read the first line thereof, saying to the aforesaid William Thoroughgood, these words following; Goodman Thoroughgood, you are a man unlearned, and I will declare it unto you, and make you understand it better, than you can by hearing it read; And afterwards the aforesaid John Ward, declared the aforesaid Writing of Release, to the aforesaid William Thoroughgood, in these words following; Goodman Thoroughgood, the effect of it is this, That you do release to William Chicken, all the arrearages of Rent that he doth owe you, and no otherwise, and then you shall have your Land again, meaning the Tenements aforesaid of new assigned, To which the aforesaid William Thoroughgood, then answered in these words following, that is to say, If it be no otherwise I am content, And upon that, The said Willam Thoroughgood, giving credit to the words of the aforesaid John Ward, then and there sealed the said Writing of Release, and delivered it to the aforesaid William Chicken. But whether upon the whole matter, in form aforesaid found, The said Writing of Release be, and in Law ought to be adjudged the deed of the aforesaid William Thoroughgood or not, the Jurors aforesaid are utterly ignorant; And thereof pray the Advise of the Justices and the Court here, And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Justices here, that the Writing is not, nor ought in Law to be adjudged the deed of the aforesaid William Thoroughgood, Then the said Jurors say upon their Oath, That the aforesaid Writing of Release, is not the deed of the aforesaid Willliam Thoroughgood, as the said William above allegeth, and they assess Damages of the said William Thoroughgood, by occasion of the Trespass aforesaid above his costs and charges by him in this part about his Suit expended to 20. shillings, and for his costs and charges to 12. pence, And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Justices here, That the Writing aforesaid of Release, is the deed of the aforesaid William Thoroughgood, as the aforesaid William Cole above hath alleged, Then the said Jurors say upon their Oath, That the said Writing of Release, is the deed of the aforesaid William Thoroughgood, as the said William Cole above hath alleged. And because the Justices here will avise themselves of and upon the premises, before they give their Judgement thereof, Day is given to the parties aforesaid, here until in 8. days of Saint Hillary, to here their Judgement thereof, because the same Justices here thereof not yet, etc. At which day, here cometh as well the aforesaid William Thoroughgood, as the aforesaid William Cole, by their Attorney's aforesaid, And because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, further day is given to the parties aforesaid, here from the day of Easter 15. days, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day here cometh as well the aforesaid William Thoroughgood, as the aforesaid William Cole, by their Attorney's aforesaid, And because the Justices here will further avise themselves of and upon the premises, before they give their Judgement thereof, Day further is given to the parties aforesaid, here until the Morrow of the Holy Trinity, to hear their Judgement thereof, because the same Justices here thereof not yet, etc. At which day here cometh as well the aforesaid William Thoroughgood, as the aforesaid William Cole, by their Attorney's aforesaid, And upon this, The premises being seen, and by the Justices here fully understood, It is granted, That the aforesaid William Thoroughgood, shall recover against the said William Cole, his damages to 21. shillings, by the Jurors aforesaid, in form aforesaid assessed, as also 23. pound, 19 shillings, to the said William Thoroughgood, at his Request for his costs and charges aforesaid, by the Court of Increase adjudged, which damages in the whole do amount to 25. pound, and that the aforesaid William Cole be taken, etc.   

TRESPASS.  
Easter Term, Anno 310. ELIZABETH. Rot. 115. in the COMMON-PLEAS, C. 2. part, Baldwins Case. fol. 18.  
CCristopher Marton, late of Marton, in the County aforesaid Esquire, was 
York.  Attached to answer Anthony Baldwin of a Plea, wherefore with force and Arms, the Close of him the said Anthony, at Marton he broke, and his Corn there to the value of 10. pound, there late growing, with his Feet trod and consumed, and other harms to him did, to the grievous damage of him the said Anthony, and against the Peace of the Lady the Queen that now is, etc. And whereupon the said Anthony, by Robert Somervile his Attorney, complaineth, That the aforesaid Christopher, the 10th. day of September, in the year of the Reign of the Lady the Queen that now is the 30th. with force and Arms the Close of him the said Anthony, at Marton broke, and his Corn, that is to say Oats, to the value, etc. then there late growing, with his Feet trod and consumed, And other harms, etc. Whereupon he saith that he is the worse, and hath damage to the value of 20. pound, and thereof he bringeth Suit, etc. And the aforesaid Christopher, by William Barton his Attorney, cometh and defendeth the force and injury when, etc. And as to the force and Arms he saith, that he is thereof not guilty; And as to the rest of the Trespass aforesaid supposed to be done, The said Christopher saith, That the aforesaid Anthony, his Action against him ought not to have, Because he saith, That the Close aforesaid, as also the places in which it is supposed the Trespass aforesaid to be done, are, and the aforesaid time in which it is supposed the Trespass aforesaid to be done, were 10. Acres of Land called Bromfield, with the appurtenances in Marton aforesaid, which 10. acres of Land with the appurtenances, are the Soil and Freehold of the said Christopher, And that the said Christopher, the aforesaid time in which, etc. the Close aforesaid, as his own Close, Soil, and Freehold of him the said Christopher, in the said 10. acres of Lands with the appurtenances broke, and the Corn there, as his own Corn there growing in the aforesaid 10. acres with the Appurtenances, as in his own Soil and Freehold there trod and consumed, as it was lawful for him to do, and this he is ready to aver, Whereupon he demandeth Judgement, if the aforesaid Anthony, his Action aforesaid against him ought to have, etc. And the aforesaid Anthony saith, that he by any thing before alleged, ought not to be barred from having his Action aforesaid, Because he saith, That the Close aforesaid, as also the places in which the Trespass aforesaid above complaineed of was done, are, and the time aforesaid of the Trespass aforesaid done, were, 4. acres of Land with the Appurtenances, called Scarhill Set, and Watersey Mire, in Marton aforesaid, others than the aforesaid 10. acres of Lands, called Bromfield, with the Appurtenances, in the Bar of the said Christopher above specified, And this he is ready to aver, Wherefore in as much as the aforesaid Christopher, to the Trespass aforesaid, in the aforesaid 4. acres of Lands with the Appurtenances, above new assigned, done, doth not answer, The said Anthony demandeth Judgement, and his damages, by occasion of that Trespass to be to him adjudged, etc. And the aforesaid Christopher, as to any Trespass in the aforesaid 4. acres of Land with the appurtenances new assigned, above supposed to be done, saith, that he thereof is not guilty, as the aforesaid Anthony against him complaineth, And of this puts himself upon the Country, And the aforesaid Anthony likewise, Therefore it is commanded to the Sheriff, That he cause to come here in the Morrow of the Holy Trinity, 12. etc. by whom, etc. And who neither, etc. To Recognize, etc. Because as well, etc. At which day here come the parties, And the Sheriff sent not the Writ, etc. Therefore as at first it is commanded to the Sheriff, That he cause to come here from the Holy Trinity, in 3. Weeks, 12. etc. To Recognize in form aforesaid, etc. At which day, the Jurors between the parties aforesaid, of the aforesaid Plea between them were put in respite here until this day, that is to say, in 8. days of Saint Michael than next following, unless the Justices of the Lady the Queen to take Assizes, in the County aforesaid assigned, by the form of the Statute, etc. Upon Monday the 14th. day of July last passed, at the Castle of York, in the said County should first come, And now here, at this day, come as well the aforesaid Anthony, as the aforesaid Christopher, by their Attorney's aforesaid, and the aforesaid Justices to Assizes, before whom, etc. sent here their Record in these words; Afterwards the day and place within written within contained, before John Clench, one of the Justices of the Lady the Queen to Pleas, before the Queen herself to be holden assigned, And Shomas Walmesly, one of the Justices of the said lady the Queen of the Bench, Justices of the said Lady the Queen to Assizes, in the County of York to be taken assigned, by the form of the Statute, etc. came as well the within named Anthony Baldwin, as the aforesaid within written Christopher Marton, by their Attorneys within mentioned, And the Jurors of the Jury, whereof within is made mention, some of them, that is to say, William Wharton, of Dunkeswick Gentleman, Adam Wyre, of Ayrton Yeoman, John Brown, of Pathorn Yeoman, Ralph Walker, of Bolton Gentleman, Thomas Preston, of Whengille Yeoman, and Henry Laycock, of Felliface Yeoman, come, And the Jurors aforesaid are sworn; And because that the rest of the Jurors of that Jury did not appear, Therefore others of the Standards by, to this chosen by the Sheriff of the County aforesaid, are at the request of the said Anthony, and by the Commandment of the Justice's new added, whose names to the Panel within written are filled, according to the form of the Statute in such case made and provided, And the Jurors so a new added, now appearing, that is to say, Gabriel Green, William Newby, John Hawton, John Brorcey, John Craven, and WILLIAM RICHARDSON, come, who to say the truth of the within contained, together with the other Jurors aforesaid first impanelled, and sworn, to say, chosen, tried, and sworn, say upon their Oath, That before the within written time in which it is supposed the Trespass within written to be done, The aforesaid 4. acres of Land with the Appurtenances, in which, etc. were parcel of the possessions of the late Monastery, or Priory of Bolton in Craven; and that one Richard late Prior of the Priory, or Monastery aforesaid, was seized of one Tenement, Message or Farm, called Vngthorpe in the Parish of Marton in Craven, whereof the aforesaid four Acres of Land with the Appurtenances within new assigned are, and the within written time, in which, etc. were parcel in his Demesn as of Fee in the Right of his Monastery aforesaid; and so thereof being seized, The said late Prior, with the assent of the Covent of the same place, the 26. day of December in the year of the Reign of the Lord Henry late King of England the 8th. the 25th. By an Indenture sealed with the Common Seal of the aforesaid Prior and Covent, to the Jurors in evidence showed, demised the aforesaid Tenement, Message and Farm whereof the within written 40. Acres of Land with the appurtenances than were, and yet are parcel, to one Hugh Baldwin, and Agnes his Wife, To have and to hold, to the said Hugh Baldwin and his Assigns from the date of the Indenture aforesaid unto the end and term of 31. years fully to be ended, By virtue of which Demise, The said Hugh and Agnes in the aforesaid four Acres of Land with the appurtenances in which, etc. entered and were thereof possessed, the Reversion thereof to the aforesaid Prior and his Successors: And the aforesaid Hugh and Agnes of the aforesaid four Acres of Lands, with the appurtenances in which, etc. for the Term aforesaid being possessed, the Reversion thereof to the aforelate Prior in form aforesaid ezpectant; By a certain Act in Parliament of the said late King Henry the 8th. at Westminster in the County of Middlesex, the 28th. day of April, in the 31. year of his Reign begun, and continued until the 28th. day of June than next following, and there then holden amongst other things it is Ordained and established by the said late King and the Lords Spiritual and Temporal, and the Commons in the said Parliament assembled: That the said late King should have, hold, possess, and enjoy to Him, his Heirs, and Successors, all and singular such late Monasteries, Abbeys, Priories, Nunneries, Colleges, Houses of Friars, and other Ecclesiastical and Religious Houses and places of what kinds, natures, qualities, or diversities of Habits, Rules, Professions, or Orders, they or any of them were named, known, or called, which after the fourth day of February in the year of the Reign of the aforesaid late King the 27th. were dissolved, suppressed, renounced, relinquished, forfeited, given up or by any other means came to his Highness, and by the same Authority and in like manner should have, hold, possess and enjoy all Scites, Circuits, Precinctts, Manors, Lordships, Grainges, Messages, Lands, Tenements, Meadows, Pastures, Rents, Reversions, Services, Woods, Tithes, Pensions, Portions, Rectories, Appropriated Vicaridges, Churches, Chapels, Advowsons', Nominations, Patronages, Annuities, Rights, Interests, Entries, Conditions, Commons, Leets, Courts, Liberties, Privileges, Franchises, and other whatsoever Hereditaments which appertained, or belonged to the said late Monasteries, Abbathies, Priories, Nunneries, Colleges, Hospitals, Houses of Friars, and other Religious and Ecclesiastical Houses and Places, at the time of the aforesaid dissolution, suppressing, renouncing, forfeiting, giving up, or by any other manner of means came to the said King's Highness, after the 4th. day of February, above mentioned. And further it is Enacted by the Authority aforesaid, That not only all the singular the aforesaid late Monasteries, Abbathies, Priories, Nunneries, Colleges, Hospitals, Houses of Friars, and other Religious and Ecclesiastical Houses and Places, Scites, Circuits, Precincts, Manors, Lordships, Grainges, Messages, Lands, Tenements, Meadows, Pastures, Rents, Reversions, Services, and all the singular other the premises, from thence immediately, and presently, but also all other Monasteries, Abbathies, Priories, Nunneries, Colleges, Hospitals, Houses of Friars, and all and singular other Ecclesiastical and Religious Houses, which hereafter should happen to be dissolved, suppressed, renounced, relinquished, forfeited, given up, or by any other means came to the King's Highness, And also all Scites, Circuits, Precincts, Manors, Grainges, Messages, Lands, Tenements, Meadows, Pastures, Rents, Reversions, Services, Woods, Tithes, Pensions, Portions, Rectories approprate, Viccarages, Churches, Chapels, Advowsons', Nominations, Patronages, Hundreds, Rights, Interests, Entries, Conditions, Leets, Courts, Liberties, Privileges, Franchises, and other Hereditaments whatsoever, were belonging or appertaining to them or any of them, whersoever, and as soon as they should be dissolved, suppressed, renounced, relinquished, forfeited, given up, or by any other means come to the King's Highness, should be vested and adjudged by Authority of the same Parliament, in the very actual, and real seisin and possession of the said late King, his Heirs and Successors for ever, in state and condition as then they were, And as if all the said Monasteries, Abbathies, Priories, Nunneries, Colleges, Hospitals, Houses of Friars, and other Religious and Ecclesiastical Houses so dissolved, suppressed, renounced, relinquished, forfeited, given up, or came to the King's Highness as aforesaid, as also the aforesaid Monasteries, Abbathies, Priories, Nunneries, Colleges, Hospitals, Houses of Friars, and other Religious and Ecclesiastical Houses and Places, which then after should happen to be dissolved, suppressed, renounced, relinquished, or given up to his said Highness, Scites, Circuits, Precincts, Manors, Lordships, Grainges, and other the premises whatsoever, in the said Act of Parliament specially, or particularly, recited or expressed, by express Names, Words, Faculties and in their Natures, Kind's, & Qualities, as in the said Act amongst other things more fully it appeareth. And the said Jurors further say upon their Oath aforesaid, That the aforesaid Monastery, or Priory, of Bolton aforesaid, after the aforesaid 4th. day of February, in the 27th. year aforesaid, that is to say, the 11th. day of June, in the year of the Reign of the said late King the 31th. aforesaid was dissolved. By Colour of which Dissolution, and by force of the Statute aforesaid, That aforesaid late King was seized of the aforesaid Monastery, or Priory of Bolton aforesaid, and of the Reversion of the aforesaid 4. acres of Land with the Appurtenances, amongst other things in his Demesn as of Fee, in the Right of his Crown of England; And that the aforesaid Message and Tenement called Vngthorp, and the aforesaid 4. acres of Lands with the Appurtenances, in which, etc. At the time of the Dissolution aforesaid, were parcel of the possessions of the aforesaid Monastery, or Priory; And the said late King, so thereof being seized, the 3d. day of April, in the 33th. year of his Reign, By his Letters Patents, sealed with the Great Seal of England, to the Jurors aforesaid showed in Evidence, Gave and Granted unto Henry, late Earl of Comberland, all the aforesaid Tenement, Message, and Farm with the Appurtenances, called Vngthorp, whereof the within written 4. acres with the Appurtenances adjoining, were, and yet are parcel, To have, and to hold to the said late Earl, his Heirs and Assigns for ever. By Colour of which Letters Patents, The said late Earl was amongst other things seized of the Reversion of the aforesaid Tenement, Message, and Farm with the Appurtenances, whereof the aforesaid 4. acres of Lands with the Appurtenances, in which, etc. then were, and yet are parcel in his Demesn as of Fee, And the aforesaid Hugh and Agnes, for the aforesaid Term of years, in form aforesaid being possessed, the Reversion thereof to the aforesaid Earl, & his Heirs expectant, the aforesaid Hugh, died of the aforesaid 4. acres of Land with the Appurtenances, in which, etc. in form aforesaid possessed, And the aforesaid Agnes, overlived him the said Hugh, and was of the aforesaid 4. acres of Land with the Appurtenances, in which, etc. possessed by way of Survivor, etc. And the aforesaid Agnes, so being thereof possessed, the Reversion thereof to the late Earl, in form aforesaid expectant, The said late Earl, made, sealed, and delivered a certain Indenture, as his deed, of the aforesaid 4. acres of Land with the Appurtenances, in which, etc. amongst other things, The Tenor of which followeth in these words. This Indenture, made the 10th. day of September, in the year of the our Lord God 1545. and in the seven and thirtieth year of the Reign of our Sovereign Lord Henry by the Grace of God, King of Eng. France and Ire. defender of the faith, etc. & in the earth the supreme Head of the Church of Engl. & Ire. Between the Right Noble Lord Henry, Earl of Comberland, Lord of the Honour of Shipton, Lord of Westmoreland, and Vestion of the one part, And Agnes Baldwin, or Vngthorp Widow, and Anthony Baldwin of the other part, Witnesseth; That the same Earl for the sum of 58. pound, 13. shillings, and 4. pence Sterling, at the day of the Date hereof, by the said Agnes and Anthony, paid to the said Earl, whereof the said Earl acknowledgeth himself to be truly contented and paid, and the said Agnes and Anthony, their Heirs and Executors, thereof, and of every part thereof to be discharged and acquitted for ever, Hath Covenanted, Granted, and to Farm Let, and by these presents covenanteth, granteth, demiseth, and letteth to Farm to the said Agnes and Anthony, and to the Heirs of the same Anthony, The said Tenement, Mese, or Farm, called Vngthorp, in the Parish of Marton in Craven, in the County of York, together with the Closures, Feeding, Pastures, arable Lands, Meadows, Woods, Waters, Common of Pasture, in the Moors of East and West Marton, Common of Turbury, with free passage to and fro the same Common of Easton, to a Ground or Meadow called Tadholm, lying in the demesn Closes of Marton Hall, and all Houses, Barns, Boons, and Buildings, to the same Tenement or Farm called Vngthorp belonging, or in any wise heretofore appertaining, now and of old time being of the only yearly Rent of 53. shillings, and 4. pence; To have, and to hold the same Tenement or Farm called Vngthorp, with all & singular the premises with the Appurtenances, to the same Agnes and Anthony, and to the Heirs of the same Anthony, from the date hereof to the end and Term of 99 years, next and immediately following, and fully to be complete and ended, and so from 99 years to 99 years, until such time as 300. years be spent, fully finished and expired, without impeachment of any manner of Waste, in and as ample, free, and large manner as ever Nicholas Simson, Hugh Baldwin, and the said Agnes Baldwin, or any other Tenant or Farmer of the said Tenant or Mess, of Vngthorp, with all the singular the premises with the Appurtenances, ever occupied, or might have occupied the same without interruption, let, disturbance, denial, contradiction, or resistance of the same Earl, or of his Heirs and Assigns, or of any other Officer, Farmer or Farmers, of the same Earls of the Manor or Capital Mese called Marton Hall, for the time being, or of any other, at or by Will, Assent, Consent, or furtherance of the same Earl, his Heirs and Assigns; And further, the said Agnes and Anthony, Covenanteth and Granteth, by these presents for them and the Heirs of the said Anthony, to and with the same Earl, that they the same Agnes and Anthony, and the Heirs of the same Anthony, shall yearly during the said Term, at the Feast of Saint Michael the Archangel, and within 40. days after, for certain urgent considerations, content and pay, or cause to be contented and paid to the said Earl, his Heirs and Assigns, as well a Penny separately by itself, as 5. shillings 4. pence Sterling, in a gross and entire sum if it be asked, for the which payment of the said single Penny, and of the said 5. shil. 4. pence, The said Earl covenanteth, & granteth for him, his Heirs & Assigns, to and with the said Agnes and Anthony, to discharge & save harmless from time to time all the said Land and Tenements. And the said Agnes and Anthony, and the Heirs of the same Anthony, as well of and from the payment of the said penny, as for the payment of the sum of 4. shillings 4. pence, as of all other Suits, Exactions, Boons, Gressions, Fines, Customs, and all other Impositions or Demands whatsoever they be, concerning the same Message or Tenement, called Vngthorp, and all other the premises with the Appurtenances, during the said Term now granted, or any time hereafter by force of this Indenture to be granted, by the Earl and his Heirs, as well against our Sovereign Lord the King and his Heirs, as against all other person or persons whatsoever they be; And further the said Earl covenanteth, to and with the said Agnes and Anthony, by these presents, That the said Earl, his Heirs and Assigns, shall at the end and Term of 300 years, make, or cause to be made, to the Heirs or Assigns of the said Anthony, a like Demise and Lease of the said Message or Tenement, and all other the premises with the Appurtenances, if it be asked, for so many more years as is contained in this Lease, And the same Lease to be of like force, effect, and strength in the Law, as this present is, without any Covin, Fraud, Collusion, Denier, or male Engine, but truly, and faithfully, according to the true puport and meaning of these presents, In witness whereof the parties abovesaid to these Indentures, interchangeably have set their Seals the day and year abovesaid. And the said Jurors further say upon their Oath, That no licence or seisin of the Tenements aforesaid, or any part thereof was delivered to the aforesaid Agnes & Anthony, or to any of them upon the Indenture aforesaid; And that the aforesaid Agnes and Anthony, had & held the Tenement, Mese, and Farm aforesaid with the Appurtenances, whereof the aforesaid 4. acres with the Appurtenances, in which, etc. are, and then were parcel, as the Law in this case requireth; And the said Agnes and Anthony, so having and holding the Tenement, Message, and Farm aforesaid with the Appurtenances, whereof the 4. acres in which, etc. are, and then were parcel, the said Agnes, the last day of October, in the year of the Reign of the said Lady the Queen that now is the 5th. at Marton aforesaid, in the County aforesaid died, And the aforesaid Anthony her overlived, and continued the possession of the Tenements, Message, and farm aforesaid with the Appurtenances, whereof the aforesaid 4. acres of Land with the Appurtenances, in which, etc. are parcel, and took the profits thereof, and had, occupied, and held the Tenement, Message, and Farm aforesaid, whereof the aforesaid 4. acres of Land with the Appurtenances, in which, etc. with the Appurtenances, are parcel of such estate and interest, as the Law in this case requireth; And he having, occupying, and holding the Tenement, Message, and Farm aforesaid, whereof the within written 4. acres of Land are parcel, The aforesaid Henry, late Earl of Cumberland died, having issue George, now Earl of Cumberland, his Son and Heir, And the said George Earl of Cumberland, entered into the Tenements aforesaid, And afterwards, that is to say, the 17th. day of April, in the year of the Reign of the said Lady the Queen that now is the 24th. enfeoffed the aforesaid Christopher Marton, of the aforesaid 4. acres of Land with the Appurtenances, To have to the said Christopher and his Heirs for ever. And that the aforesaid Anthony, at the time of the making of the Feoffment aforesaid, and after that Feoffment made hitherto continued possession, as well of the aforesaid 4. acres of Land with the Appurtenances, as of the Message and rest of the Tenements, and Farm aforesaid, But yet the Jurors further say, That before the Feoffment aforesaid, the aforesaid Rent to the aforesaid Henry, late Earl of Cumberland, and his Heirs, by the Indenture aforesaid granted, as well to the aforesaid Henry, Earl of Cumberland in his life, and after the death of him the said late Earl, to the aforesaid George, now Earl of Cumberland, as to the aforesaid Christopher Marton, after the Feoffment aforesaid, by the aforesaid Anthony was paid. And the said Jurors further say upon their Oath, That the said Christo. the day and year in the Declaration above specified, entered into the aforesaid 4. acres of Land with the Appurtenances, in which, etc. upon the possession of the aforesaid Anthony, and the Oats within written, then there with his Feet trod and consumed, as the aforesaid Anthony within against him complaineth. But whether upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, The aforesaid Entry of the aforesaid Christopher, in the aforesaid 4. acres of Land with the Appurtenances, in which, etc. be a good and lawful Entry or not, the said Jurors are utterly ignorant, And thereof pray the Advise and Judgement of the Justices of the Court here; And if upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, It shall seem to the Justices and Court here, That the aforesaid Entry, of the aforesaid Christopher, be not a good and lawful Entry in Law, in the aforesaid 4. acres of Land, upon the possession of the said Anthony, Then the said Jurors say upon their Oath, That the aforesaid Christopher is guilty of the Trespass, in the aforesaid 4. acres of Land within new assigned, as the aforesaid Anthony within against him complaineth. And then they assess the damages of the said Anthony, by occasion of that Trespass, above his costs and charges by him about his Suit in this behalf expended, to 20. shillings, and for his costs and charges to 40. shillings; And if upon the whole matter aforesaid, It shall seem to the Justices and Court here, That the aforesaid Entry, of the aforesaid Christopher, in the aforesaid 4. acres of Land new assigned, upon the possession of the said Anthony, is a good and lawful Entry in Law, Then the said Jurors say upon their Oath, That the aforesaid Christopher is not guilty of the Trespass within written, in the within written 4. acres of Land within new assigned; And because the Justices here will avise themselves of and upon the premises, before that they give their Judgement thereof, Day is given to the parties aforesaid, here until in 8. days of Saint Hillary, to hear their Judgement thereof, because the said Justices here thereof not yet, etc. At which day come as well the said Anthony, as the aforesaid Christopher by their Attorney aforesaid; and upon this, all and singular the premises being seen, and by the Justices, etc. fully understood, It is granted that the aforesaid Anthony recover against the aforesaid Christopher his damages to 3. l. by the Jurors aforesaid in form aforesaid Assessed; as also 11. l. 6. s. 8. d. to the said Anthony at his request, for his costs and charges by the Court here of increase adjudged; which damages in the whole amount to fourteen pound, six shillings and eight pence; and that the aforesaid Christopher be taken, etc.   

TRESPASS.  
Michaelmass Term, Anno 36. and 37. ELIZABETH. Rot. 136. in the KINGS-BENCH, Co. 2. part. Tookers' Case, Fol. 62.  
MEmorandum, that at another time, that is to say, in the Term of Easter 
Devon.  last passed, before the Lady the Queen at Westminster came William Rud by Michael Bland his Attorney, and brought here in the Court of the said Lady the Queen that now is, than there, his Bill against Edward Tooker in the custody of the Marshal, etc. of a Plea of Trespass; and are Pledges of Suit, that is to say, John Do, and Richard Roose, which Bill followeth in these words. ss. Devon. ss. William Rud complaineth of Edward Tooker, in the custody of the Marshal of the Marshal-Sea of the Lady the Queen before the Queen herself; for that he the first day of April, in the year of the Reign of the Lady Elizabeth now Queen of England, the 36th. with force and Arms, etc. the Close and house of him the said William called Bertonland, otherwise, the Barton of Sprecombe at Morthoe in the County aforesaid, broke and entered, and his grass of the value of an hundred Marks, in the Close aforesaid, then late growing, with certain , that is to say, with Horses, Oxen, Cows, Hogs and Sheep, fed, trod, and consumed, and other harms to him did, against the Peace of the said Lady the Queen, that now is, to the damage of the said William an hundred pound, and thereof bringeth suit, etc. And now at this day, that is to say, Wednesday next after eight days of Saint Michael this Term, until which day the aforesaid Edward had leave to impart to the said Bill, and then to Answer, etc. before the Lady the Queen at Westminster, cometh as well the aforesaid William by his Attorney aforesaid, as the aforesaid Edward by John Halstaff his Attorney: And the said Edward defendeth the force and injury when, etc. and saith, that he is not thereof guilty, and of this puts himself upon the County, and the aforesaid William likewise, etc. Therefore it is commanded the Sheriff, that a Jury come before the Lady the Queen at Westminster Friday next after 15. days of St. Hillary, etc. and who neither, etc. to recognize, etc. Because as well, etc. the same day is given to the parties aforesaid there, etc. Afterwards the Process is continued between the parties aforesaid of the Plea aforesaid by Jurors thereof betwixt them put in respite, of the Plea aforesaid, before the Lady the Queen at Westminster, until Wednesday next after 15. days of Easter than next following, unless the justices of the Lady the Queen to Assizes, in the County aforesaid to be taken assigned, first upon Monday the 10th. day of March, at the Castle of Exeter, in the County aforesaid, by form of the Statute, etc. come for want of jurors, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And the aforesaid justices to Assizes, before whom, etc. sent their Record before them had in these words; ss. Afterwards the day and place within contained, before Edmond Anderson Knight, Chief justice of the Lady the Queen of the Bench, and Thomas Walmesley, one of the justices of the said Lady the Queen of the Bench, justices of the said Lady the Queen to Assizes, in the County of Devon to be taken assigned, by form of the Statute, etc. come as well the within named William Rud, by Erasmus Ford his Attorney, as the within written Edward Tooker, by Thomas Clayton his Attorney. And the jurors of the jury, whereof within mention is made, being called, some of them, that is to say, David Matacot● of Saint Giles, John Hayman of Shelbere, John Hooper of Westdown, Richard Clyeff of Chanford, John Bow of the same, and John Hole of Drew Steinton came, and are sworn in the said Jury; And because the rest of the Jurors of the said Jury did not appear, Therefore others of the standers by, by the Sheriff of the County aforesaid, chosen at the request of the said William Rud, and by the Command of the justices afore of new are added, whose names in the Panel within written are filled, according to the form of the Statute in such case late made and provided; And the Jurrors so new added, that is to say, George Snell, John Barnacott, John Shate, George Slade, William Killard, and Christopher Cheek, being called likewise came, who to say the truth of the within contained, together with the other Jurors aforesaid, first impanelled and sworn, chosen, tried, sworn, say upon their Oath, That before the within written time in which it is supposed the Trespass within written to be done, one Joh. Arundel Esq. was seized of the Tenements within written with their Appurtenances, in which it is supposed the Trespass within written to be done, in his demesn as of fee, & so thereof being seized, Afterwards & before the within written time in which, etc. that is to say the third day of July in the year of the Reign of the Lord Henry late King of England the 8th. the 30th Demised to one John Tooker, and to the within named Will. Rud, the Tenement within written, with the Appurtenances in which, etc. amongst other things, To have and to hold to the said John Tooker, and William Rud for the term of their lives, and the life of the longest liver of them, the said John and William, By virtue of which Demise, the said John Tooker and William Rud were seized of the Tenements within written, with the Appurtenances in which, etc. in their Demesn as of Freehold for the term of the lives of them the said John and William, and the longest liver of them; and so being thereof seized, and the said John Arundel of the Reversion of the Tenements within written, with the Appurtenances in which, etc. being seized, the said John Arundel afterwards and within the time in which, etc. At Morthoe within written of such estate died seized; after whose death, the Reversion of the Tenements aforesaid with the Appurtenances in which, etc. amongst other things descended to one John Arundel, Knight, as Son and Heir of the aforesaid John Arundel; By which, the said John Arundel, Knight, was seized of the aforesaid Reversion of the Tenements within written with the Appurtenances in which, etc. in his Demesn as of Fee, and so thereof being seized, afterwards, and before the within written time in which &c. that is to say, the 20th. day of September in the year of the Reign of the said Lady the Queen that now is the 10th. At Morthoe within written, by his writing Indented, one part of which sealed with the Seal of the said John Arundel, Knight, was showed to the said Jurors in evidence, whose date is the same day and year granted the Reversion of the Tenements within written with the Appurtenances in which, etc. amongst other things to the same Edward Tooker for the term of his life, when after death, surrender or forfeiture of the aforesaid John Tooker, and William Rud it should happen, as by the said Writing Indented amongst other things more fully appeareth, To which grant of the Reversion of the Tenements within written with the Appurtenances in which, etc. amongst other things to the same Edward by the aforesaid John Arundel, Knight, in form aforesaid made, the aforesaid John Tooker being Tenant of the Tenements aforesaid within written with the Appurtenances in which, etc. for the term of his life jointly with the aforesaid William Rud, afterwards and before the within written time, in which, etc. At Morthoe within written to the aforesaid Edward thereof Attorned and agreed, By colour of which Grant of the Reversion aforesaid, and of the Attornment and Agreement aforesaid, the aforesaid Edward was seized of the Reversion of the Tenements within written, with the Appurtenances in which, etc. as the Law requireth, as of Freehold for the term of his life, and so thereof being seized, and the aforesaid John Tooker and William Rud of the Tenements within written with the Appurtenances in which, etc. amongst other things being seized, The said John Tooker afterwards, and before the within written time in which, etc. that is to say, the 14th. day of December in the year of the Reign of the said Lady the Queen that now is the 31th. at Morthoe aforesaid, made to the said Edward Tooker a certain Writing of Surrender of the Tenements within written with the Appurtenances in which, etc. amongst other things, which to the Jurors aforesaid was showed, the Tenor of which followeth in these words. To all Christian people to whom this present writing shall come: I John Tooker of Morthoe in the County of Devon, Yeoman, sendeth greeting in our Lord God everlasting. Whereas, I the said John Tooker, and William Rud do hold jointly for term of their lives, and the life of the longest liver of them, All the Capital Message and Lands, Tenements, and Hereditaments called Barton Lands in the Manor of Sprecombe, or parcel of the said Manor, and all those Lands, Tenements, and Hereditaments with the Appurtenances in Hokesmil, with the Pasture of Hokeswood, and Common of Pasture upon Hokesdown, parcel of the said Manor, of the Demise and grant of John Arundel, Esquire, as by the Deed of Demise and Grant thereof made by the said John Arundel at large and plainly it doth and may appear: Now know ye, that the said John Tooker, for divers and sundry causes and considerations him moving, doth by these presents surrender and yield up unto Edward Tooker the son of the said John Tooker to whom the Reversion of all and singular the premises is granted, and doth belong, or the term of the life of the said Edward, All his Estate, Title, and Interest, in and to the premises, and in and to every part and parcel thereof, in as large and ample manner, as he the said John Tooker can or may surrender the same. In Witness whereof the said John Tooker, to these presents hath set his Seal, Given the 14th. day of December, in the 31th. year of the Reign of our Sovereign Lady Elizabeth, by the Grace of God of England, France and Ireland, defender of the Faith, etc. And further the said Jurors say upon their Oath aforesaid, That the aforesaid John Tooker afterwards, and before the within written time in which, etc. At Morthoe aforesaid died, And that the said Edward, afterwards, that is to say, the within written first day of April, in the year of the Reign of the said Lady the Queen that now is the 36th. aforesaid, claiming to have and occupy the Tenements within written with the Appurtenances, in which, in Common, with the said William Rud, by virtue of the aforesaid Writing of Surrender, by the aforesaid John Tooker, in form aforesaid made, into the Tenements aforesaid with the Appurtenances, in which, etc. entered, and the Grass within written to the value, etc. in the Close aforesaid then growing, with the  within written fed, trod, and Consumed, as the aforesaid William Rud against him complaineth. But whether upon the whole matter aforesaid, in form aforesaid found, The aforesaid Entry of the said Edward, into the Tenements aforesaid with the Appurtenances, in which, etc. be a good and lawful Entry in Law or not, the Jurors aforesaid are utterly ignorant; And thereof pray the Advise and Consideration of the Court, etc. And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Justices and Court here, That the aforesaid Entry of the aforesaid Edward, in the Tenements aforesaid with the Appurtenances, in which, etc. in and upon the possession of the said William Rud, be not a good and lawful Entry in Law, Then the said Jurors say upon their Oath, That the aforesaid Edward Tooker is guilty of the Trespass within written, as the said W. Rud above against him complaineth. And assess the damages of the said William Rud, by that occasion above his costs and charges by him about his Suit in that behalf expended, to 6. pence, and for his costs and charges of 20. shillings. And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Justices and Court here, That the aforesaid Entry of the aforesaid Edward, in the Tenements within wrtten with the Appurtenances, in which, etc. in and upon the possession of the aforesaid William, be a good and lawful Entry in Law, Then the said Jurors say upon their Oath aforesaid, That the aforesaid Edward is not guilty of the Trespass within written, as the said ●dward above against him allegeth; And because the Court of the said Lady the Q. here of giving their Judgement of and upon the premises is not yet avised, day is given to the parties aforesaid, before the Lady the Queen at Westminster, until Friday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Thursday next after the Morrow of Saint Michael, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised, Day is given to the parties aforesaid, before the Lady the Queen at Westminster, until Friday next after 8. days of Saint Hillary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day further is given to the parties aforesaid, before the Lady the Queen at Westminster, until Friday next after 18. days of Easter, to hear their Judgement of and upon the premises, because the said Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, further day is given to the parties aforesaid, before the Lady the Queen at Westminster, until Friday next after the Morrow of Holy Trinity, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day, at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster, until Saturday next after 8. days of Saint Michael, to hear their Judgement o and upon the premises, because the Court of the Lady the Queen here thereof yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Monday next after 8. days of Saint Hillary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised, Day thereof is further given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Wednesday next after 18. days of Easter, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day further thereof is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Friday next after the Morrow of the Holy Trinity, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. AT which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Monday next after 8. days of Saint Michael, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Monday next after 8. days of Saint Hillary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Wednesday next after 18. days of Easter, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westmin. aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the said Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Friday next after the Morrow of the Holy Trinity, to hear their Judgement thereof, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid, before the Lady the Queen at Wesminster aforesaid, until Monday next after 8. days of Saint Michael, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day, before the Lady the Queen at West. aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid, before the Lady the Queen at Westmin. aforesaid, until Tuesday next after 8. days of Saint Hillary, to hear their Judgement thereof, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised, Day thereof is further given to the parties aforesaid, before the Lady the Queen at Wesminster aforesaid, until Wednesday next 18. days of Easter, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until the Morrow of Holy Trinity, to hear their Judgement thereof, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parts aforesaid, before the Lady the Queen at Westminster aforesaid, until Tuesday next after 8. days of Saint Michael, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of & upon the premises is not yet avised, day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Wednesday next after 8. days of Saint Hillary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised, day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Wednesday next after 18. days of Easter, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof further is given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Friday next after the Morrow of the Holy Trinity, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised, Day thereof is further given to the parties aforesaid, before the Lady the Queen at Westminster, until Thursday next after 8. days of Saint Michael, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised, Day thereof is further given to the parties aforesaid, before the Lady the Queen at Westminster aforesaid, until Wednesday next after 8. days of Saint Hillary, to hear their Judgement of and upon the premises, because the Court of the Lady the Queen here thereof not yet, etc. At which day, before the Lady the Queen at Westminster aforesaid, come the parties aforesaid, by their Attorney's aforesaid; Upon which, all and singular the premises being seen, and by the Court of the Lady the Queen here fully understood, and mature deliberation being had thereof, Because it seemeth to the said Court of the said Lady the Queen, and the Justices here, That the aforesaid Entry of the aforesaid Edward, into the Tenements aforesaid with the Appurtenances, in which, etc. in and upon the possession of the said William thereof, is a good and lawful Entry in Law; Therefore it is granted, That the said William take nothing by his Bill aforesaid, but for his false clamour he be in Mercy, etc. And the aforesaid Edward go thereof without day, etc.   

TRESPASS.  
Trinity Term, Anno 70. of King JAMES, Rot. 2612. in the COMMON-PLEAS, C. 9 part, The Earl of Shrewesburies' Case, fol. 42.  
RObert Spencer, late of Maunsfield in the County aforesaid Esquire, and 
Brownl.  Thomas Woodward, late of Maunsfield in the Couty aforesaid Gentleman, were attached to Answer to Roger Earl of Rutland, of a Plea, Wherefore, Whereas, The Lady Elizabeth, late Queen of England, the 14th. day of July, in the 42th. year of her Reign at Westminster in the County of Middlesex, By her Letters Patents, sealed with the Great Seal of England, had given and granted to the said Earl, from the time of the full age of the said Earl of 21. years, To the Term, and for and during the Term of his natural life, The Office of Steward of the Lordships or Manors of her the late Queen of Maunsfield, in the County aforesaid, and Bolsover, and Horseley, in the County of Derby, with the Wages, Fees, to the said Office anciently due and accustomed, To have, and yearly to receive the said Wages, during the Term aforesaid, of the Issues, Profits, Farms, and Revenues of the aforesaid Lordships or Manors, by the Hands of the Farmers, Receivers, or any other Occupiers thereof for the time being, at the Feasts of St. Michael the Archangel and Easter, by equal portions, Together with all other Profits, Rights, Commodities, Jurisdictions, Privileges, Preeminences, and Emoluments to the said Offices arising, or in any ways belonging; And whereas, the said Earl before the making of the said Letters Patents, that is to say, the 19th. day of November, in the year of the Reign of the aforesaid late Queen the 40th. had attained unto his full age of 21 years, and by virtue of the Letters Patents aforesaid, was seized of the aforesaid Office of Steward, of the aforesaid Manor of Maunsfield as of Freehold, for the Term of his life; And the same Offine from the aforesaid 14th. day of June, in the year of the said Lady the Queen the 42th. aforesaid, for one whole year than next after, well and faithfully had executed, and the Wages, Fees, and Profits to the aforesaid Office of Steward of the aforesaid Manor of Maunsfield, of old due and accustomed, by that time had had and received, The aforesaid Robert and Thomas, intending manifoldly to molest him the said Earl, and him the said ' Earl to disturb from the Execution of the aforesaid Office of Steward, of the aforesaid Manor of Maunsfield, and him the said Earl of the Wages, Fees, and Profits, which by reason of the execution of the said Office, which he could and might of Right to have and receive, wholly to frustrate and hinder, of his own wrong, without any Right of lawful authority, without the leave of the said Earl, the 16th. day of February, in the year of the Reign of the said late Queen the 44th. at Maunsfield aforesaid, The aforesaid Office of Steward of the aforesaid Manor of Maunsfield aforesaid exercised, and from thence hitherto do exercise and occupy, and all and singular the Wages, Fees, Commodities, and Profits to the said Office due and by reason of the exercising of the Office aforesaid, within the Manor aforesaid, of right belonging, to their own proper use, had and received, and the said Eearl to exercise the said Office within the aforesaid Manor aforesaid, and the Wages, Fees, Commodities and Profits, to the said Office of right to have and receive, with force and Arms, then and there hindered, and yet do hinder, and other harms to him did, to the great damage of him the said Earl, and against the peace of the said Lord the King that now is, etc. And whereupon the said Earl by John Muscott his Attorney complaineth, for that, whereas the aforesaid late Queen, the 14th. day of June, in the year of the Reign the 42th. abovesaid, at Westminster aforesaid, by her aforesaid Letters Patents, which the said Earl under the great Seal of England Sealed, here in Court bringeth, whose date is the same day and year, had given and granted unto the said Earl, from the time of the full age of the said Earl of 21 years, to the term, and for and during the whole term of the natural life of him the said Earl, the aforesaid Offices of Steward of the aforesaid Lorsships', or Manors of the aforesaid late Queen of Maunsfield, Bolsover, and Horsley, with the Wages, and Fees to the said Offices of old due, and accustomed, to have and receive yearly the said Wages during the term aforesaid, of the Issues, Profits, Farms and Revenues, of the said Lordships, or Manors, by the hand of the Farmers, Receivers, or other Occupiers of the same for the time being, at the aforesaid Feast of Saint Michael the Archangel and Easter, by equal portions, tegether with all other Profits, Rights, Commodities, Jurisdictions, Privileges, Appurtenances, & Emoluments, to the said Offices belonging, or any ways appertaining; and whereas the said Earl before the making of the aforesaid Letters Patents, that is to say, the 19th. day of November, in the year of the Reign of the aforesaid late Queen the 40th. aforesaid, had attained unto his full age of 21. years, and by virtue of the Letters Patents aforesaid, was seized of the aforesaid Office of Steward, of the aforesaid Manor of Maunsfield as of his freehold for the term of his life, and that Office from the aforesaid 14th. day of June, in the year of the Reign of the aforesaid late Queen the 42th. abovesaid, for one whole year than next following, well, and truly had exercised, and the Wages, Fees, and Profits, to the aforesaid Office of Steward, of the aforesaid Manor of Maunsfield, from of old due, and accustomed, for that time had had, and received, the aforesaid Robert, and Thomas, endevoring him the said Easl from the exercising of the said Office of Steward of the aforesaid Manor of Mavasfield greatly to disturb, & the said Earl of the Wages, Fees, & Profits, that is to say, of 100 s. yearly to be paid, for the exercising of the afores office of Steward, & of the the ancient Fees due for the entering of plaints and pleas, for Copies of Court Rolls, for Replevins, for proving of Wills, for granting of administrations of all persons whatsoever, dying within the aforesaid Manor of Maunsfield, for the entering of surrendors, and admission of all Tenants whatsoever, of the aforesaid Manor of Maunsfield, for the Entry of of the Fealty of all Tenants of the said Manor of Maunsfield, which of right he ought or might have, and receive, utterly to frustrate and hinder, of his own wrong. without any right or Lawful authority, without the leave of him the said Earl, the aforesaid 16. day of February, in the year of the Reign of the said late Queen the 42th. abovesaid, at Maunsfield aforesaid, the aforesaid Office of Steward, of the said Manor of Maunsfield exercised, and from thence hitherto do exercise, and enjoy, and all and singular Wages, Fees, Commodities, Profits, to the said Office due, and by reason of the exercising of the said office, within the Manor of Maunsfield aforesaid of right belonging, to their own use had and took, and the said Earl to exercise the said Office within the aforesaid Manor of Maunsfield, and the Wages, Fees, and Profits to the said Office of right belonging, and from the whole time whereof the memory of Man is not to the contrary, to have and take, with force and Arms, then and there hindered, and as yet doth hinder, and other harms to him, etc. to the great damage, etc. and against the peace, etc. and whereupon he saith that he is the worse, and hath damage to the value of 100 pound, and thereof bringeth suit, etc. And the aforesaid Robert, and Thomas, by William Cragg their Attourny come, and defend the force and injury when, etc. and say that they are not guilty of the Trespass aforesaid, as the aforesaid Earl above against them complaineth, and of this put themselves upon the Country, and the aforesaid Earl likewise, therefore it is commanded to the Sheriff that he cause of come here from the day of the Holy Trinity in 3 weeks 12, etc. by whom, etc. and who neither, etc. to recognize, etc. because aswell, etc. Afterwards the day and place within contained, before Peter Warberton one of the Justices of the Lord the King of the bench, and Thomas Foster another of the Justices of the said Lord the King of the Bench, Justices of the said Lord the King to Assizes, in the County of Nottingham, to be taken by form of the Statute, etc. come aswell the within named Roger Earl of Rutland, as the within named Robert Spencer and Thomas Woldwood by their Attorneys within contained. And the Jurors of the Jury whereof within is made mention being called, some of them, that is to say Edward Bould of Holloughton Esquire, Edward Coppinger of Francfield Esquire, George Hutchinson of Balford Gent. Francis Hollingworth of Stapleford Gent. William Gresley of the same, Nicholas Hamond of Lound Gent. Anthony Whitwell of Weyston Gent. Joh. Sturtevant of Calverton Gent. Richard Griggs of Gringly up the Hill, and John Seywell of Normanton against Plumtree come, and are sworn Jurors of the Jury aforesaid, and because the rest of the Jurors of that Jury did not appear, therefore others of the standers by, chosen by the Sheriff of the County aforesaid, at the request of Roger Earl of Rutland, and by the command of the Justice's aforesaid, of new are added, whose names are filed to the Panel within written, according to the form of the Statute in such case made and provided, and the Jurors of new added, that is to say, John Hutten and John Templemem likewise come, who to say the truth of the premises, with the other Jurors aforesaid first impanelled, chosen, tried and sworn, say upon their Oath; That the Lady Elizabeth, late Queen of England, was seized in her demesn as of Fee, in right of her Crown of England, of and in the Manor of Maunsfield in the County of Nottingham, and of and in the Manor of Bolsover, and Horsley in the County of Derby, and so thereof being seized, the 14th. day of June tn the year of her Reign the 42th. By her Letters Patents, under the great Seal of England sealed, and to the Jurors aforesaid showed in evidence, granted to the aforesaid Earl of Rutland, from the time of the full age of the said Earl of 21 years, to the term, and for and during the whole term of the natural life of him the said Earl, the office of Steward of the Lordships or Manors aforesaid, with the Wages and Fees to the said Office, of old due and accustomed, as in the said Letters Patents is contained, the Tenor of which followeth in these words. Elizabeth by the Grace of God, of England, France and Ireland Queen, Defender of the Faith, etc. To all to whom these present Letters shall come Greeting; Know ye, that we of our special Grace, and of our certain Knowledge, and mere Motion, have given and granted, and by these presents for us, our Heirs, and Successors, do give and grant to our Well Beloved Cousin, Roger Earl of Rutland, the Office of Constable of our Castle of Nottingham, and Keeper o● the Gates of the said Castle, as also the Office of Steward, Keeper, Guardian, and Chief Justice of our Forest of Sherwood, and our Parks of Billow, Birkland, Romwald, Owseland, Folwood, Beskwood, and Clipson, with their Aupurtenances in the said County of Nottingham, and him the said Roger Earl of Rutland, Constable of our Castle aforesaid, and Keeper of the Gates of the said Castle, as also Steward, Keeper, and Justice Itinerate of the Forests and Parks aforesaid, we ●o make, ordain, and constitute by these presents, giving and granting to the said Roger Earl of Rutland, by the Tenor of these presents, full power and authority, All, and all manner o● Pleas, Quarrels, and Causes within the Forest and Parks aforesaid, or any of them arising, according to the Law and Custom of the Forest to hear and determine. To have, enjoy, use, and exercise, the Offices aforesaid and every of them, To the aforesaid Roger Earl of Rutland, by him, or by his sufficient Deputy or Deputies, from the time of the full age of 21. years, of the same Earl, to the Term, and for and during the whole Term of the natural life of the said Roger Earl of Rutland, together with power in the said Offices to make and appoint all Officers of old due and accustomed, and for the exercising and occupation of the Office aforesaid, we give and grant by these presents to the aforesaid Roger Earl of Rutland, the Wages and ●ee of 40. Marks by the year, from the time of the full age of 21. years of the said Earl, to the Term, and for the whole natural life of the said Earl of Rutland; As also an Annuity or yearly Rent of 9 pound, from the time of the full age of the said Earl, to the Term, for and during the whole Term of the natural life of the same Earl of Rutland, for the Wages or Stipends of 9 Foresters, assigned by him the said Earl, to keep the Forest aforesaid, To be taken & yearly to be received, the said Wages and Fee of 40. Marks, from the Treasury of us, our Heirs and Successors, at the Receipt of our Exchequer at Westminster, by the Hands of our Treasurer or Chamberlains, or an● o● their Hands for the time being, at the Feast of Saint Michael the Archangel and Easter, by even portions. And also the said Annuity or yearly Rent of 9 pound, for the Wage and Stipend of the aforesaid Roger Earl of Rutland, from the time of the full age of 21. years of the said Earl, to the Term, and for and during the whole Term of the natural life of the same Earl of Rutland, from the Treasury of us, our Heirs and Successors, at the Receipt of our Exchequer, arising by the Hands of our Treasurer and Chamberlains, or any of them for the time being, or from our Meadows near the Castle of Notington aforesaid, called the King's Meadows, and of the profits of Pannage and Herbage of our Park of Beskwood, as also of all the Rents and profits of the Forest aforesaid coming o● growing, by the Hands of the Bailiffs, Farmers, Receivers, or other Occupiers of the said Meadows, out of the Rents and profits aforesaid, or any of them for the time being, at the Feasts aforesaid, by equal portions; We also give, and for us, our Heirs and Successors, we grant to the said Roger Earl of Rutland, from the time and full age of 21. years of the same Earl, to the Term, and for and during the whole Term of the natural life of the same Roger Earl of Rutland, The Office of Steward of our Lordships or Manors of Maunsfield, Bolsover, and Horseley, with the Wages and Fees to the said Office, of old due and accustomed to be taken, To have, and yearly to take the said Wages during the Term aforesaid, of the Issues, Profits, Farms and Revenues of the said our Lordships, or Manors of Maunsfield, Bolsover, and Horseley, or any of them, by the Hands of the Farmer, Receivers, or other Occupiers of the same, or any of them for the time being, at the said Feasts of Saint Michael the Archangel, and Easter, by equal portion, together with all other Profits, Rights, Commodities, Jurisdictions, Privileges, Preeminences, and Emoluments, to all and singular the said Offices, with other the premises or any of them coming, or any ways belonging, and as fully, freely, and wholly, and in as ample manner and form as Thomas Manners Knight, or John Manners Esquire, or John late Earl of Rutland, or before in Edward late Earl of Rutland deceased, or before them Thomas and Henry, late Earls of Rutland deceased, Anthony Brown, or Richard Southwell Knights deceased, or any other, or other Officer or Officers aforesaid, or any of them, before this time occupied, had, and perceived, or aught to have had and received, in and for the same or any of them. And moreover, of our further Grace, certain Knowledge, and mere Motion, we have given and granted, and by these for us, our Heirs, and Successors, we give and grant to the aforesaid Roger Earl of Rutland, The Office of Keeper of our Park of Nottingham, with all and singular Wages, Fees, Profits, Commodities, and Emoluments whatsoever, to the Office aforesaid due and accustomed, or belonging, in as ample manner and form as the aforesaid Thomas Manners Knight, or John Manners Esquire, or the aforesaid John or Edward, late Earls of Rutland now deceased, or before them one Richard Manners, or Francis Leak Knight now deceased, or any other or others, Officer or Offices aforesaid, exercised, had and took, To have, use, and exercise, the Office aforesaid, to the said Roger Earl of Rutland, by him, or his sufficient Deputy or Deputies, from the time of the full age of 21. years, of the same Earl, to the Term, and for and during the whole Term of the natural life of the said Roger Earl of Rutland, together with the Wages, Fees, Profits, Commodities, Advantage, and Emoluments whatsoever, to the said Office of old due and accustomed, or part, or by reason thereof by any person whatsoever, before taken and had, by the Hands of the Receivers, Farmers, Bailiffs, Occupiers, or our Officers, for the time being, of the Issues, Revenues, and Profits of the same, at the Feasts of Easter and Saint Michael the Archangel, by equal portions to be paid. Which Offices and Fees, and all and singular the premises above by these presents, given and granted by our Letters Patents under our Great Seal of England made, bearing date at Westminster the 23th. day of July, in the year of our Reign the 23th. to one John Manners Esquire, during the minority of the aforesaid Roger Earl of Rutland, lately were given and granted, Which Ro. Earl of Rutland is now of full age, as we have certain Knowledge, Willing, and also firmly enjoining, and commanding by these presents to all and singular our Officers, Ministers, and Subjects, as well within Liberties as without, by the Tenor of these presents, That to the said Roger Earl of Rutland, and to his Deputy or Deputies in all the premises to be done, executed, they be aiding, & assisting, as it ought to be, Notwithstanding that express mention, of the true yearly value, or of the certainty of the premises, or any of them, or of other gifts or gants by us, or by any of our Progenitors, to the aforesaid Roger Earl of Rutland, before this time made, are not in being, or any other Statute, Act, Ordinance, Provision, or Restraint to the contrary thereof before this had, made, done, ordained, or provided, or any other thing, cause, or matter whatsoever, in any wise notwithstanding. In witness whereof we have caused these our Letters to be made Patents. Witness myself at Westminster, the 14th. day of June, in the year of our Reign the 42th. And that the said Roger Earl of Rutland, before the making of the said Letters Patents, that is to say, the 10th. day of November, in the year of the Reign of the aforesaid late Queen the 40th. came unto his full age of 21. years, By virtue of which Letters Patents aforesaid, he was seized of the aforesaid Office of S●eward, of the Manor of Maunsfield aforesaid, in the Declaration above specified, as of Freehold for the Term of his life, and that the aforesaid Roger Earl of Rutland, at the time of the making of the said Letters Patents, did exercise the Office of Steward of the aforesaid Manor of Maunsfield, in the Declaration aforesaid mentioned, by his Deputies, and not by himself in his own person. And that afterwards, that is to say, the 17th. day of December, in the year of the Reign of the said late Queen Elizabeth the 44th. The said late Lady the Queen of the said Manor of Maunsfield, sO as before is said being seized, By her Letters Patents under the Great Seal of England sealed, bearing date the same day and year, and to the Jurors aforesaid in Evidence showed, had granted the aforesaid Manor of Maunsfield, amongst other things to William Hamond, and Ralph Catterell, To have, and to hold the aforesaid Manor of Maunsfield with the Appurtenances, to the aforesaid William Hamond, and Ralph Cotterell, their Heirs and Assigns for ever. By virtue of which, the aforesaid William Hamond, and Ralph Cotterell, into the aforesaid Manor of Maunsfield with the Appurtenances, entered and were thereof seized in their Demesn as of Fee, And that the aforesaid William Hamond, and Ralph Cotterell, so thereof being seized, Afterwards, that is to say, the 23th. day of January, in the year of the Reign of the Lady Elizabeth, late Queen of England the 44th. abovesaid, By their certain Indenture, bearing date the same day and year, and afterwards, that is to say, the 27th. day of the same Month of January, in the year 44th. aforesaid, before the said Lady the Queen in her Chancery, of Record enrolled, for and in Consideration of 10. shillings to the said William and Ralph, By the Right Honourable Gilbert Earl of Shrewesbury, and Mary his Wife, paid, granted, aliened, bargained and sold, the aforesaid Manor of Maunsfield with the Appurtenances, to the aforesaid Earl of Shrewesbury, and Mary his Wife, To have, and to hold the said Manor with the Appurtenances, to the aforesaid Earl of Shrewesbury, and Countess, and to their Heirs for ever. By virtue of which, as also by force of an Act in Parliament of the Lord Henry, late King of England the 8th. in the year of his Reign the 27th. holden, made, the aforesaid Earl of Shrewesbury, and Countess, were of the aforesaid Manor of Maunsfield with their Appurtenances, seized in their Demesn as of Fee; And the Jurors further say upon their Oath aforesaid, That the aforesaid Earl of Shrewesbury, and Countess, so as before is said being seized, Afterwards, that is to say, the 16th. day of February, in the year of the Reign of the said late Queen the 44th. in the Declaration above specified, One Simon Stern, then being Deputy of the aforesaid Earl of Rutland, for the exercising the said Office of Steward of the aforesaid Manor of Maunsfield, came to the Town of Maunsfield, to the usual place there, where the Court of the Manor of Maunsfield aforesaid was commonly holden and kept, to keep the Court Baron of the said Manor of Maunsfield aforesaid, And the aforesaid Thomas Woodward, came thither to keep the Court of the said Manor, as Steward for the aforesaid Gilbert Earl of Shrewsbury, and that the aforesaid Thomas Woodward, as Steward of the aforesaid Earl of Shrewsbury, and the aforesaid Simon Stern, as Deputy of the aforesaid Earl of Rutland, to the place aforesaid, both together came, And the said Simon Stern, as Deputy of the said Earl of Rutland, Commanded the Bailiff of the same Manor to make Proclamation for the holding of the Court Baron of the said Manor, by him the said Simon Stern, as Deputy of the aforesaid Earl of Rutland then to be holden; And the aforesaid Thomas Woodward, as Steward of the aforesaid Earl of Shrewsbury, likewise Commanded the Bailiff of that Manor that he make Proclamation for the holding of the Court Baron of the Manor aforesaid, by him the said Thomas Woodward, as Steward of the aforesaid Earl of Shrewsbury, But no Court then was holden, but by the said Thomas Woodward it was then adjourned, And from thence until the bringing of the aforesaid Original Writ, The aforesaid Thomas Woodward, and Steward of the aforesaid Gilbert Earl of Shrewsbury, kept the Courts of the Manor aforesaid, and always from thence he the said Thomas Woodward, and the aforesaid Robert Spencer, Received all the Fees belonging to the Steward there, as they became due; And if upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, It sahll seem to the Court here, that the aforesaid Robert Spencer, and Thomas Woodward, are guilty of the Trespass within written, Then the Jurors say upon their Oath aforesaid, That the aforesaid Robert Spencer, and Thomas Woodward, are guilty of the Trespass within written, as the said Roger Earl of Rutland within against them complaineth. And then they assess the Damages of the said Roger Earl of Rutland, above his costs and charges by him about his Suit in this behalf expended, to Forty pound, and for his costs and charges to Twelve pence; And if upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, It shall seem to the Court here, that the aforesaid Robert Spencer, and Thomas Woodward, are not guilty of the Trespass within written, Then the Jurors say upon their Oath aforesaid, That the aforesaid Robert Spencer, and Thomas Woodward, are not guilty of the Trespass within written, as the said Robert and Thomas within have alleged; And because, etc.   

TRESPASS.  
Michaelmass Term, Anno 10. of King JAMES, Rot. 574. in the KINGS-BENCH, Co. 10. part. The Case of Suttons Hospital, Fol. 1.  
MEmorandum, that at another time, that is to say, Trinity Term, 
Middle.  past, before the Lord the King at Westminster, come Simon Baxter Gent. by George Cuppledick his Attorney, and brought here in the Court of the said Lord the King then and there his Bill against Richard Sutton Esq. and John Law Gentleman, in the custody of the Marshal, of a Plea of Trespass, and are Pledges of Suit, John Do, and Richard Roose, which Bill followeth in these words. ss. Middlesex ss. Simon Baxter Gentleman, complaineth of Richard Sutton, and John Law, in the Custody of the Marshal of the marshalsea, being before the King himself, For that, That they, The 30th. day of May, in the year of the Reign of the Lord JAMES, now King of England the 10th. with force and Arms, the Close and House of him the said Simon, that is to say, A Capital Message with the Appurtenances, called, The late dissolved  besides Smithfield, at the Parish of Saint Sepulchre, in the County aforesaid they broke and entered, and other harms to him did, against the Peace of the Lord the King that now is, to the damage of the said Simon 40. pound, and thereof he bringeth Suit. And now at this day, That is to say, Friday next after 8. days of Saint Michael this Term, until which day, the aforesaid Richard and John, had licence to imparl to the said Bill, and then to answer, etc. before the Lord the King at Westminster, come as well the aforesaid Simon by his Attorney aforesaid, as the said Richard and John by Thomas Heyward their Attorney, And the said Richard and John defend the force and injury when, etc. And say that they are not guilty, and of this put themselves upon the Country, and the said Simon Baxter likewise; Therefore a Jury was to come thereof before the Lord the King at Westminster, Saturday next after 8. days of Saint Hillary, And who neither, etc. To Recognize, etc. Because as well, etc. The same day is given to the parties aforesaid, of the Plea aforesaid, by Jurors were put by them in respite, until Monday next after the Morrow of the Purification of the blessed Mary then next following, for default of Jurors, etc. At which day before the Lord the King at Westminster, come as well the aforesaid Simon Baxter, as the aforesaid John Sutton, and John Law, by their Attorney's aforesaid, And the said Jurors being called, come, who to say the truth of the premises, chosen, tried, and sworn, say upon their Oath, That one Thomas Sutton Esquire, long before the time in which the Trespass aforesaid is supposed to be done, was seized of and in all those Manors and Lordships of Southminster, Norton, Little Hallingbury, otherwise Hallingbury Bowchers, and Muchstanbridge, in the County of Essex, with all and singular Rights, Members, and Appurtenances whatsoever. As also of, and in all those Manors, and Lordships of Bustingthorp, otherwise Buslingthorp, and Dunnesby, in the County of Lincoln, with their Rights, Members and Appurtenances whatsoever; And of and in all those Manors of Salthorp, otherwise Saltrop, otherwise Halthrop, Chilton, and Blackgrove, in the County of Wilts, with their Rights, Members, and Appurtenances. And of and in all those Lands, and Pastures called Blackgrove, containing by estimation 200. Acres of Pasture, with the Appurtenances in Blackgrove, and Wroughton, in the County of Wilts. And of and in all those Manors of Mihenden, otherwise Missenden, otherwise called the Manors of Mussenden, in the Parish of Wroughton, Lydepard, and Tregose, in the said County of Wilts, with all and singular their Rights, Members, and Appurtenances; and of all that Manor of Elcomb, and Park called Elcomb Park, with the Appurtenances in the said County of Wilts. And of and in all that Manor of Wattlescote, otherwise Wigglescote, otherwise Wiggetscete with the Appurtenances in the said County of Wilts. And of and in all that Manor of Wescot, otherwise Wescet, with the Appurtenances in the said County of Wilts. And of and in all those Lands and Pastures, containing by estimation 100 Acres of Land, and 60. Acres of Pasture in Wigglescot, & Wroughton in the said County of Wilts. And of and in all that Manor of Vscot, with the Appurtenances in the said County of Wilts. And of and in all those two Messages, and 1000 Acres of Land, 2000 Acres of Pasture, 300. Acres of Pasture, and 300. Acres of Wood, with the Appurtenances in Broadhinton, in the said County of Wilts. And of and in all those Manors and Lordships of Camps, otherwise Campes-Castle, otherwise called Castle- Camps with the Appurtenances, situate, lying, being, and extending into the Counties of CAMBRIDGE and ESSEX or either of them, or elsewhere in the Kingdom of ENGLAND. And also of and in all that Manor of Balsham in the County of Cambridge, with all and singular Rights, Members, and Appurtenances whatsoever. And also of, and in all and singular those Messages and Lands, situate, and being in the Parish of Hackney, and Tottingham, in the County of Middlesex, with their Rights, Members, and Appurtenances whatsoever, which Message, was lately purchased of Will. Bowper Knight, & the said Lands in Tottenham now are, or late were in the Tenure or Occupation of William Benning Yeoman. And of, and in all and singular Manors, Lordships, Messages, Lands, Tenements, Reversions, Services, Feeding, Pastures, Woods, Advowsons', Patronages of Churches, and Hereditaments of the aforesaid Thomas Sutton, whatsoever, situate, lying and being in the said Counties of Essex, Lincoln, Wilts, Cambridge, and Middlesex, or any of them, with all and singular their Rights, Members, and Appurtenances whatsoever in his demesn as of Fee. And the said Jurors further say upon their Oath aforesaid, That the said Thomas Sutton so thereof being seized, before the time in which, that is to say, At the 4th Session of Parliament begun and holden by Prorogation at Westminster, in the County of Middlesex, the 9th. day of February, in the year of the Reign of our Lord James by the grace of God, of England, France, and Ireland King, Defender of the Faith, etc. the 7th. and of Scotland the 3d. and there continued until the 24th. day of July than next following, and then prorogued until the 16th. day of October than next following, amongst other things, it was Enacted and established by Authority of the same Parliament, as followeth in these words. Humbly beseecheth your Majesty, Your Loyal and dutiful Subject, Thomas Sutton of Bedsham, in the County of Cambridge Esquire, That it may please your most excellent Majesty, and the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, To Enact, Ordain, Establish, And be it Enacted, Ordained, and Established by the Authority aforesaid, That in the Town of Hallingburn, otherwise called Hallinborn Bowchers, in the County of Essex, there may be builded and erected, at the Costs and Charges of your suppliant, one meet, fit, and convenient House, Buildings, and Rooms, for the abiding, and dwelling of such number of poor People, Men, and Children, as your suppliant shall name by limit and appointment to be lodged, harboured, abide, and be relieved there. And for the abiding, dwelling, and necessary use of one Schoolmaster, and Usher, to instruct the said Children in Reading, Writing, and the Latin and Greek Grammar. And of one Divine and godly Preacher, to instruct and teach all the rest of the same House in the knowledge of God, and his word. And of one Master to govern all these persons, of, in, or belonging unto the same House. And that the same shall and may be called, The Hospital of King James, founded in Hallingbury in the County of Essex, at the humble Petition, and at the only Costs and Charges of Thomas Sutton Esquire; And that the Right Reverend Father in God, Richard now Archbishop of Canterbury, and his Successors Arch-Bishops there; Thomas Lord Ellesmore, Lord Chancellor of England, and such as after him shall succeed to be Lord Chancellors, or Lord Keepers of the Great Seal of England, for and during the time they shall so continue, or be in the same Office; Robert Earl of Salisbury, Lord High Treasurer of England, and such as after him shall succeed to be Treasurers of England, and such as after him shall succeed to be Treasurers of England, for and during the time they shall continue or be in the same Office; The Reverend Father in God, Lancelot Bishop of Ely, and his Successors Bishops there; Richard Bishop of Rochester, and Dean of the Cathedral Church of Westminster, and his Successors of and in the same Deanery; Sir Thomas Foster Kt. one of the Justices of your Majesty's Court of Common-Pleas usually holden at Westminster, Sir Henry Hobart Knight, your Majesty's Attorney General, John Overal Doctor of Divinity, Dean of the Cathedral Church of Saint Paul in London, and his Successors Deans there, Henry Thursby Esquire, one of the Masters of your Majesty's Court of Chancery, Thomas Fortescue, Thomas Paget, Geffrey Nightingale, and Richard Sutton Esquires, John Law, and Thomas Brown Gent. and such others as shall be from time to time for ever hereafter chosen and nominated in and to the places and steads of such of them as shall decease by your suppliant during his life; and after his decease by the most part of them, which them shall be Governors of the said Hospital, to be and succeed in, and to the place and places of him and them deceasing, shall and may be the Governors of the said Hospital, and of the Members, Goods, Lands, Revenues, and Hereditaments of the same, at all times hereafter for ever: And that the same Governors and Hospital, shall for ever hereafter stand, and be incorporated, Established, and founded in name, and indeed, a body Politic & Corporate to have continuance for ever, By the name of the Governors of the Hospital of King James, founded in Hallingbury in the County of Essex, at the humble Petition, and at the only Costs and Charges of Thomas Sutton Esquire; And that they the said Governors may have a perpetual Succession, and that by that name, they and their Successors, may for ever have, hold and enjoy, the Manors, Lordships, Messages, Lands, Tenements, and Hereditaments hereafter mentioned, without any Licence of pardon for any alienation of them, or any of them, and without any Licence of, or for Mortmain, or any other Law or Statute to the contrary notwithstanding, That is to say, your Suppliants Manors, and Lordships of Southminster, Norton, little Hallingbury, otherwise Hallingbury Bowchers, and Much Stambridge in the County of Essex, with all their, and every of their Rights, Members, and Appurtenances whatsoever: And all those your supplyants' Manors, and Lordships of Baslingthorp in Dunnesby in the County of Lincoln, with theirs and either of their Rights, Members, and Appurtenances whatsoever. And also all those your supplyants' Manors of Salthope, otherwise of Saltrop, Chilton, and black grove, with their and every of their Rights, Members, and Appurtenances in the said County of Wilts. And all those your supplyants' Lands, and Pasture grounds called Blackgrove, containing by estimation 200. Acres of Pasture with the Appurtenances in Blackgrove, and Wroughton, in the said County of Wilts. And all that your supplyants' Manor of Mihenden, otherwise called Miganden, in the parishes of Wroughton, Hygerd, and Tregoce, in the said County of Wilts. And all that your spply●nts Manor of Elcombe, and the Park called Elcombe Park, in the said County of Wilts. And all those your supplyants' Manor of Witlescot, otherwise called Wigglescot, otherwise called Wiglescote, otherwise called Webescete, in the County of Wilts. And all those your supplyants' Lands, and Pastures, called Wescete, with the Appurtenances in the said County of Wilts. And all that your supplyants' Manor of Wescote, otherwise called Wescete, with the Appurtenances in the said County of Wilts. And all those your supplyants' Lands, and Pastures, containing by estimation, 100 Acres of Land, and 60. Acres of Pasture in Wigliscot and Wroughton, in the said County of Wilts. And all that your supplyants' Manor of Offcote with the Appurtenances, in the said County of Wilts. And all those your supplyants' two Messages, and 1000 Acres of Land. 2000 Acres of Pasture, 300. Acres of Meadow, and 300. Acres of Wood, with the Appurtenances in Brodelinton, in the said County of Wilts. And also all those your supplyants' Manors and Lordships of Camps, otherwise called Camps, otherwise called Campes-Castle, otherwise called Castle Camps, situate, lying, being, and extending in the Counties of Cambridge, and Essex, or in either of them, or elsewhere, within the Realm of England. And also all that your supplyants' Manor of Balsham, in the County of Cambridge, with all and singular the Rights, Members, and Appurtenances thereof, whatsoever. And also all that your supplyants' Message and Lands, situate, and being in the Parishes of Hackney, and Tottenham, in the County of Middlesex, or in either of them, with their, and either of their Rights, Members, and Appurtenances whatsoever, which said Message, was late purchased of Sir William Bowper Knight, and the Lands in Tottenham now are, or late were, in the tenure or Occupation of William Benning Yeoman. And also all and singular the Manors, Lordships, Lands, Tenements, Reversions, and Services, Meadows, Pastures, Woods, Advowsons', Patronages of Churches, and Hereditaments, of your supplyants' whatsoever, situate, lying and being, within the said Counties of Essex, Lincoln, Wilts, Cambridge, and Middlesex, or any of them, with all and every of their Rights, Members, and appurtenances whatsoever. And also all your supplyants' Letters Patents, Indentures, Deeds, Evidences, Books, and Writings concerning the premises, or any of them. And all such Commissions, Warrants, Vouchers, Actions, Suits, Entries, Benefits, and Demands, as shall and may be had, by any person or persons, upon, or by reason of them, or any of them, except those your supplyans' Manors and Lordships of Littlebury, and Hadstock, in the said County of Essex, and except all your suppliants Lands, Tenements, and Hereditaments in Littelbury, and Hadstock aforesaid, or either of them; And that the said Governor and their successors, by the same name, shall and may have power, ability, and capacity to demise, lease and grant their Possession and Hereditaments, and every of them, to take, acquire, and purchase, and to sue, and be sued, and to do, perform and execute, all and every other Lawful Act and thing, good, necessary, and profitable for the said Incorporation, in as full and ample manner and form, and to all intents, constructions, and purposes, as any other Incorporations, or body politic or corporate, fully and perfectly, founded and incorporated, may do. And that the same Governors, and their successors for the time being, may have, and use a common Seal, for the making, granting, and demising of such their demises and Leases, and for the doing of all and every other thing, touching, or in any wise concerning the said Incorporation. In which Seal, shall be engraven the Arms of the said Thomas Sutton your suppliant. And also that it may be further enacted by the authority aforesaid, and be it enacted by the authority aforesaid, That your suppliant during his life, and the said Governors and their Successors, for the time being, or the most of them, after his decease, shall, and may have, full power and Lawful authority, to break, altar, & change the said Seal, & that your Orator during his life, and the said Governors and their Successors, for the time being, or the most part of them, after his decease, shall and may have full power and authority, to nominate and appoint, and sball and may nominate and appoint, when, and as often as he and they shall think good, such person and persons, as he and they shall think meet, to be Master, Preacher, Schoolmaster, Usher, Poor Men, and Poor Children, and Officers of the said Hospital; and when any of them by Death, Resignation, Deprivation, or otherwise shall become void, shall and may, within one month than next after such avoidance, by writing under the said common Seal, nominate & appoint one or more Learned, discreet, and meet men and persons, to be Master, Preacher, Schoolmaster, Usher, Poor men, Poor Children, and Officers, in the places of them so deceasing, resigning, or otherwise becoming void, and that in case the said Governors and their successors, for the time being, or the most of them, shall not within one month after such avoidance, make such nomination and appointment as aforesaid, that then, and so often, and in every such case, from and after the decease of your said Orator, it shall and may be Lawful to your Majesty your Heirs and Successors, by your Letters Patents, under the great Seal of England, to nominate and appoint some meet, godly, & Learned men, in and to the places void by such default of the said Governors and their Successors for the time being, or the most part of them, as is aforesaid, and that it shall, and may be Lawful to, and for the said Master, Preacher, Schoolmaster, Usher, Poor men, and Poor Children, and Officers of the Hospital, to remain, assemble, be and Cohabit together, in the said House, Buildings, and Hospital, And that it may be further enacted by the authority aforesaid, and Be it enacted by the authority aforesaid, that your said suppliant during his life, and that the said Governors and their successors for the time being, or the most part of them, after his decease, shall and may have full power and authority under the said common Seal, to make, ordayn, set down, and prescribe such Rules, Statues, and Ordinances, for the Order, Rule, and Government of the said Hospital, and of the said Master, Preacher, Schoolmaster, Usher, Poor men, Poor Children, and Officers, and their successors, and for their and every of their stipends, and allowances, as to your said suppliant during his life, and the said Governors and their successors, for the time being, or the most part of them, after his decease, shall seem meet and convenient. And that the same Orders, Rules, Statutes, and Ordinances, so by him, them, or any of them made, set down, or prescribed as aforesaid, shall be, and stand, in full force and strength in Law, the same not being repugnant nor contrary to your Majesty's Prerogative royal, nor to the Laws or Statures of this your Majesty's Realm of England, nor to any Ecclesiastical Canons of the Church of England, then in force and use. And that your said suppliant during his life, and the said Governors and their successors, for the time being, or the most part of them, and such of them as your said suppliant shall thereto nominate and appoint, shall and may after the decease of your said suppliant, have power and authority to visit the said Hospital, and to Order, reform and redress all disorders and abuses in and touching the Government and disposing of the same, And further to censure, suspend, and deprive the said Master, Preacher, Schoolmaster, Usher, Poor men, Poor Children, and Officers for the time being, and every or any of them, as to him and them shall seem Just, fit and convenient, so always as no Visitation, Act, or thing, in, or touching the same, be had, made or done, other than by your suppliant during his life, or the said Governors and their successors, for the time being, or the most part of them, after his decease, or by such of them as your suppliant shall hereunto nominate and appoint. And also that it may be farther enacted by the authority aforesaid, and be it enacted by the authority aforesaid, that that the said Preacher and Minister of the Word of God, which shall be placed in the said Hospital, to and for the uses and purposes aforesaid, from time to time hereafter shall and may enter into, have, hold, and enjoy, the Rectory and Parsonage of Hallingbury aforesaid, in, and to his own proper use & behoof, for & during so long time as he shall be Preacher, & Minister there, without any other Presentation, or Admission, Jnstruction, or Induction. And that no Lease shall hereafter be made of the said Parsonage or of any part or portion thereof, other than such as shall determine & end when & as soon as any such person shall be the Preacher or Minister of and in the said Hospital, when the same Lease shall be made, shall cease, and resign, leave, or be put out and removed from his said place of Preacher or Minister of the said Hospital, Saving always, and reserving to your Majesty, your Heirs and Successors, and to every other person or persons, Bodies Politic or Corporate, their Heirs and Successors, other than your suppliant and his Heirs, and the person and persons from whom the same were purchased, and their Heirs, claiming only as Heirs, all such Estate, Right, Title, Condition, Claim, Possession, Rents, Services, Commons, Demands, Actions, Remedies, Recoveries, Terms, Interests, Forfeits, Comoditieses, Advantages, and Hereditaments whatsoever, which they or any of them shall and may, have, or of Right aught to have, of, in, to, or out of the premises, or any of them, or any part thereof, as if this Act had never been had or made, Other than Fine or Fines, of or for any Alienation of the premises, or any part or parcel thereof, And other their Respites of Homage, or Fines for not payment of Respites of Homage, at any time hereafter to be demanded, And other than Title and Right of Liberty or Liberties, to enter into the same or any one of them, for or by reason of any Statute hitherto made, for, concerning, or against any Alienation in Mortmain, as by the said Act amongst other things it appeareth. And further the said Jurors say upon their Oath aforesaid, That Thomas, then and now Earl of Suffolk, Lord Chamberlain of the King's Household, before the aforesaid time in which, etc. was seized of and in a certain Capital Message or Mansion-house, called or known by the name of Howard House, otherwise called, The late dissolved , besides Smithfield, situate, lying and being in the County of Middlesex, with all and singular Rights, Members, and Appurtenances to the same belonging and appertaining, And all that Orchard and Garden with the Appurtenances, thereunto likewise belonging and appertaining, and of and in all that parcel of Land with the Appurtenances, commonly called Pardon Church-yard, and of all those two Messages or Tenements, and two Closes of Land with the Appurtenances thereunto belonging, commonly called Welbech, situate, lying and being in the said County of Middlesex, whereof the aforesaid Capital Message with the Appurtenances, in the Declaration aforesaid mentioned is, and the aforesaid time in which it is supposed the Trespass aforesaid above to be done, as also time whereof the Memory of Men is not to the contrary, was parcel, in his Demesn as of Fee, And so thereof being seized, The said now Earl of Suffolk, before the time in which, etc. That is to say, at Westminster in the County of Middlesex, By his certain Indenture, between him the said now Earl, by the name of the Right Honourable Thomas Earl of Suffolk, Lord Chamberlain of the most Honourable Household of the Lord the King, and Theophilus Lord Howard, Son and Heir apparent of the said Earl of Suffolk, and Thomas Earl of Arundel and Surrey, and William Lord Howard of Naward, in the County of Cumberland of the one part, and the aforesaid Thomas Sutton of Balsham in the County of Cambridge Esquire on the other part made, and within 6. Months than next following, in the Court of the said Lord the King of Common-Pleas, at Westminster aforesaid, then being in due manner of Record Enrolled, according to the form of the Statute in such case made and provided, one part of which, as well with the Seal of the aforesaid Thomas now Earl of Suffolk, as with the Seals of the aforesaid Theophilus' Lord Howard, Thomas Earl of Arundel and Surrey, William Lord Howard, sealed, to the Jurors aforesaid in Evidence showed, bearing date the same day and year, For and in consideration of 13000. pound of good and lawful Money of England, by the said Thomas Sutton, to the aforesaid Thomas Earl of Suffolk, in Hand paid, Bargained, and Sold, All and singular the premises with the Appurtenances, being called, The late dissolved , besides Smithfield, in the said County of Middlesex, whereof, etc. to the said Thomas Sutton, To have, and to hold, to him and his Heirs for ever, to the only use and behoof of the said Thomas, his Heirs and Assigns for ever; The Tenor of which Indenture followeth in these words. This Indenture made the 9th. day of May, in the 9th. year of the Reign of our Sovereign Lord JAMES, by the Grace of God King of England, France and Ireland, defender of the Faith, etc. and of Scotland the 44th. Between the Right Honourable Thomas Earl of Suffolk, Lord Chamberlain of the King's Majesties most Honourable Household, The Right Honourable Theophilus Lord Howard, Son and Heir apparent of the said Earl of Suffolk, The Right Honourable Thomas Earl of Arundel and Surrey, and the Right Honourable William Lord Howard, of Naward in the County of Cumberland of the one part, and Thomas Sutton of Balsham, in the County of Cambridge Esquire on the other part, Witnesseth, That the said Right Right Honourable Thomas Earl of Suffolk, Theophilus Lord Howard, Thomas Earl of Arundel and Surrey, and William Lord Howard, for and in consideration of the sum of 13000. p. of good and lawful Money of England, to the said Thomas Earl of Suffolk, in Hand paid before the ensealing and delivery of these presents, by the said Thomas Sutton, well and truly satisfied, contented, and paid, whereof and wherewith they and every of them acknowledge themselves fully satisfied, contented, and paid, and thereof and every part and parcel thereof, do clearly acquit, exonerate, and discharge the said Thomas Sutton, his Heirs, Executors, and Administators, and every of them by these presents, Have granted, Aliened, Bargained, Sold, Conveied and Confirmed, And by these presents, do for them and their Heirs, fully, clearly, and absolutely, grant, alien, bargain, fell, convey and confirm, unto the said Thomas Sutton, his Heirs and Assigns for ever, All that Capital Message or Mansion-house, commonly called or known by the name of Howard House, otherwise called, The late dissolved Charter-Houso, besides Smithfied, situate and being within the County of Middles. with all and singular the Rights, Members, and Appurtenances thereunto belonging and appertaining, And all that Orchard and Garden with the Appurtenances, thereunto likewise belonging and appertaining, and all that parcel of Land and Ground with the Appurtenances, commonly called Pardon Church yard. And all those two Messages or Tenement, and two Closes of Land and Ground with the Appurtenances thereunto adjoining, commonly called Welbech, situate, lying and being in the said County of Middlesex, And also all and singular Messages, Houses, Edifices, Buildings, Barns, Stables, Dove-houses, Courts, Folds, Curtilags, Yards, Orchards, Gardens, Shops, Sellars, Sollers, Closes, Enclosures, Waste Grounds, Tithes, Oblations, Obventions, Fruits, Profits, Alterages, Ways, Waters, Rents, Reversions, Services, Waises, Strays, Goods of Felons, Outlaws and Fugitives, and all other Franchises, Liberties, Privileges, Jurisdictions, Profits, Emoluments, Commodities, Hereditaments, and Appurtenances whatsoever, by what name or names soever they be called or known, to the said Capital Message or Mansion-house, called Howard House, or the late dissolved , besides Smithfield, and other the before mentioned premises, and in every or any of them, lying, belonging, or in any wise appertaining, or to or with the same, every, or any of them usually held, occupied, or enjoyed, or accepted, or reputed, taken, known, demised, used, or let as part, parcel, or Member of them or any of them, and also the Reversion and Reversions, Remainder and Remainders whatsoever, of all and singular the premises with the Appurtenances, And all Rents and yearly Profits whatsoever, reserved upon any Demise, Lease, Estate, or Grant, Demises, Leases, Estates, or Grants, heretofore made or granted of the before mentioned premises, or any part or parcel thereof; And also all the Estate, Right, Title, Interest, Use, Possession, Reversion, Remainder, Claim, and Demand whatsoever, of them the said Thomas Earl of Suffolk, Theophilus Lord Howard, Thomas earl of Arundel and Surrey, and of William Lord Howard, and of every of them, of, in, or into the said Capital Message, or Mansion-house called Howard House, or the late dissolved  besides Smithfield, and other the before mentioned premises, or of, in, or to, every, or any part or parcel hereof. And further the said Right Honourable Thomas Earl of Suffolk, Theophilus Lord Howard, Thomas Earl of Arundel and Surrey, and William Lord Howard, for the considerations aforesaid, Have Granted, Bargained, Sold, and by these presents, do grant, bargain, and sell unto the said Thomas Sutton, his Heirs and Assigns for ever, All and every the Deeds, Charters, Evidences, Writings, Counterpains of Lease and Leases, Indentures, Exemplifications, Letters Patents, Transcrips of Fines and Recoveries, Terrers, Court Rolls, Surveis, Presentments, Boundaries, Escripts, and Minuments whatsoever, touching, or in any wise only concerning the said Capital Message or Mansion-house, called Howard H. or the late dissolved Charter-H. besides Smith-f. To have & to hold the said Houses, Buildings, Orchards, Gardens, Closes, Enclosures, Tenements, Hereditaments, and all other the premises before, or in or by these presents bargained and sold, or mentioned, intended, or meant to be bargained and sold, and every part and parcel thereof with their Appurtenances, unto the said Thomas Sutton his Heirs and Assigns for ever to the sole, only, and proper use and behoof of him the said Thomas, his Heirs and Assigns for ever more, absolutely without any manner of Condition, Redemption, or Revovation in any wise. And the said Thomas Earl of Suffolk, his Heirs, and the said Capital Message or Mansion-house, called Howard House, or the , and all and singular other the before mentioned premises, with all their, and every of their Appurtenances, and every part and parcel thereof, unto the said Thomas Sutton his Heirs and Assigns for ever, in manner and form aforesaid, against him the said Thomas Earl of Suffolk, and his Heirs, and all and every other person or persons, claiming, by, from, or under him, shall and will warrant, and for ever more defend by these presents. And the said Theophilus Lord Howard, & his Heirs, the said Capital Message or Mansion-house called Howard House, or the , and all and singular other the before mentioned premises, and every part thereof with the apputenances, unto the said Thomas Sutton his Heirs and Assigns for ever, in manner and form aforesaid against him the said Theophilus Lord Howard, and his Heirs, and all and every other person and persons, lawfully claiming, by, from, or under him, shall and will warrant, and for evermore defend by these presents. And the said Thomas Earl of Arundel and Surrey, and his Heirs, the said Capital Message or Mansion-house, called Howard House, or the , and all and singular the before mentioned premises, and every part and parcel thereof with the Appurtenances, unto the said Thomas Sutton, his Heirs and Assigns for ever, in manner and form aforesaid against him the said Thomas Earl of Arundel and Surrey, and his Heirs, and all and every other person and persons, lawfully claiming, by, from, or under him, shall and will warrant, and for ever more defend by these presents. And the said William Lord Howard, and his Heirs, the said Capital Message or Mansion-house called Howard House, or the , and all and singular other the before mentioned premises, and every part and parcel thereof with the Appurtenances, unto the said Thomas Sutton his Heirs and Assigns for ever, in manner and form aforesaid, against him the said William Lord Howard, and his Heirs, and all and every other person and persons, lawfully claiming, by, from, or under him, shall and will warrant, and for ever defend by these presents. In witness whereof, the parties above named to these present Indentures interchangealy have set their Hands and Seals, the day and year above written, 1611, as by the same Indenture, dated as before is said appeareth. All and singular whichpremises, by the Indenture a-aforesaid, in form aforesaid Bargained, are known and vulgarly called, and at the time of the Bargain aforesaid, were known by the name of the late dissolved Charter House besides Smith field. By colour of which Bargain, Sale, and enrolment aforesaid, As also by force of a certain Act in Parliament of the Lord Henry, late King of England the 8th. at Westminster aforesaid, the 4th. day of February, in the year of his Reign the 27th. Of transferring uses in possession, to be holden, made, and provided, The same Thomas Sutton, in all and singular the bargained premises, called the late dissoved  besides Smith field, with the Appurtenances, whereof, etc. entered and was thereof seized in his Demesn as of Fee, And so thereof being seized, The Lord JAMES, now King of England, the 22th. day of June, in the year of the Reign of the said Lord the King now of England, etc. the 9th. abovesaid, at Westminster aforesaid, made his Letters Patents, sealed with his Great Seal of England, and to the Jurors aforesaid showed in Evidence, The Tenor of which followeth in these words. JAMES by the Grace of God, King of England, Scotland, France and Ireland Defender of the Faith, etc. To All to whom these presents shall come Greeting. Whereas, At the last Session of Parliament last passed, One Act was made and passed, Entitled an Act to confirm and enable the Erection and Establishment of and Hospital, a Free Grammar-school, and sundry other godly and charitable Acts, done, and intended to be done and performed, by Thomas Sutton Esquire, as by the same Act of Parliament more at large it doth and may appear. And whereas since the said Act, The said Thomas Sutton hath purchased, to him as his Heirs, of our Right Trusty, and  Cousin and Counsellor Thomas Earl of Suffolk, Lord Chamberlain of our Household, A great and large Mansion-house, commonly called the late dissolved  besides Smith field, together with divers Houses, Buildings, Courts, Yards, Gardens, Orchards, Closes, and other Hereditaments, to or with the same Mansion-house, used, or enjoyed, or reputed as part, parcel, member, or belonging thereunto, within our County of Middlesex; Which Mansion house, and other the premises, the said Thomas Sutton, doth conceive to be a more fit and commodious House and Place, to place, erect, and found the said Hospital and Free-school, and other the godly and charitable uses aforesaid, then in Hallingbury, otherwise Hallibury Bowchers, in the said Act mentioned, And to that end, the said Thomas Sutton hath been an humble Suitor unto us, That we would be graciously pleased to give Licence, Power, and Authority, unto him the said Thomas Sutton, to found, erect, and establish, an Hospital and Free school, & other the godly and charitable uses by him intended, in the said House called the late dissolved  besides Smith field, in our said County of Middlesex, And to incorporate the Governors hereafter named, to be a Body Corporate and Politic, and to have perpetual succession for ever, in fact, deed, or name, And by such name of Incorporation as is hereafter mentioned, to have full authority, and lawful capacity and ability, to purchase, take, hold, receive, and have, to them and their Successors for ever, Manors, Lands, Tenements, Rents, Annuities, Pensions, Hereditaments, Goods and Chattels, as well of us, our Heirs and Successors, as of any other person or persons whatsoever, for the better maintenance of the said Hospital, Free-school, and other godly and charitable uses aforesaid. Know ye therefore, That we graciously affecting so good and charitable a work, of our princely disposition, and care for the furtherance thereof, and of our special Grace, certain Knowledge, and mere Motion, Have given, granted, and confirmed, and by these presents do give, grant, and confirm, for us, our Heirs and Successors, unto the said Thomas Sutton, his Heirs, Executors, Administrators, and Assigns, and to every of them, full Power, Licence, and lawful Authority, at all times hereafter, at his, and their Will and Pleasure, to place, erect, found, and establish, at or in the said House called the late dissolved Charter House besides Smith field, and other the premises within our said County of Middlesex, One Hospital-House, or place of abiding, for the finding, sustentation, and relief of poor, aged, maimed, needy, and impotent people, As also, that the said Thomas Sutton, during his life, and after his death, the Governors hereafter named, and their Successors, and the Survivors or Survivor, of them, his, and their Successors for ever, And the Governors hereof for the time being, and their Successors, shall have full Power, Licence, and lawful Authority, at his o● their Wills and Pleasures, respectively from time to time, and at all times hereafter, to place therein such Master, or Head of the said Hospital, and numbers of poor peole, Men and Children, and such other Members and Officers of the said Hospital, as to him the said Thomas Sutton during his life, and after his death to the said Governors and their Successors, and to the Survivors or Survivor of them, and to his and their Successors, and to the Governors thereof for the time being, and their Successors, shall seem convenient. And further, we of our special Grace, certain Knowledge, and mere Motion, Have given, granted, and confirmed, and by these presents do give, grant, and confirm, unto the said Thomas Sutton, his Heirs, Executors, Administrators, and Assigns, and to every of them, at his, or their Wills and Pleasures, full Power, Licence, and lawful Authority, at all times hereafter to place, erect, found, and establish, at or in the said House, called the late dissolved  besides Smith field, and other the premises in our County of Middlesex, One Free-school, for the instructing, teaching, maintenance, and education of poor Children or Scholars, And that the said Thomas Sutton, during his life, and after his decease, the Governors hereafter named and their Successors, and the Survivors and Survivor of them, and his, and their Successors for ever, and the Governors of the said Hospital, for the time being and their Successors, shall have full Power, Licence, and lawful Authority, at his or their Wills and Pleasures, from time to time, and at all times hereafter, to place therein such number of poor Children or Scholars, as to him the said Thomas Sutton during his life, and after his decease, to the said Governors and their Successors, and to the Survivors or Survivor of them, and his and their Successors, and to the Governors of the said Hospital for the time being, and their Successors shall seem convenient. And also one godly and learned Preacher, to teach and preach the Word of God to all the said persons, poor People, and Children, As also one learned, able, and sufficient person to be the Schoolmaster of the said School, and one learned, able, and sufficient person to be the Usher thereof, to teach and instruct the said Children in Grammar. And further, we of our said special Grace, certain Knowledge, & mere Motion, have ordained, constituted, assigned, limited & appointed, and by these presents for us, our Heirs and Successors, do ordain, constitute, assign, limit and appoint, That the said House and other the premises, shall from henceforth for ever hereafter, be, remain, continue, and be converted, employed, and used for an Hospital, and House and Place, for the abiding, sustentation, and relief of such number of poor People, Men and Children, as the said Thomas Sutton during his life, and after his death, the Governors hereafter named and their Successors, and the Survivors and Survivor of them, and his and their Successors, and all and every the Governors of the said Hospital for the time being, and their Successors, shall name, assign, limit, or appoint to be lodged, harboured, abide, and to be maintained and relieved there, and for the abiding, dwelling, sustentation, and relief of such number of poor Children, as the said Thomas Sutton during his life, and after his death the Governors hereafter named and their Successors, and the Survivors and Survivor of them, and his and their Successors, and the Governors of the said Hospital for the time being, shall from time to time name, assign, limit or appoint, to be lodged, harboured, abide, and to be maintained and relieved there, And for the abiding, dwelling, sustentation, and finding of one Schoolmaster, one Usher, and one Preacher as is aforesaid, and of one Master or Head of the said House and Hospital. And that it shall and may be lawful, to and for the said Master, Preacher, Schoolmaster, Usher, poor people, Children, Men, and Officers of the said Hospital, or therein to be placed for the time being, to assemble, be, remain, abide, and cohabit together in the said Hospital; And that the said Hospital shall for ever hereafter be incorporated, named and called, the Hospital of King JAMES, founded in the  within the County of Middlesex, At the humble Petition, and only costs and charges of Thomas Sutton Esq. And the same Hospital and Free-school, by the name of the Hospital of King JAMES, founded in the  within the County of Middlesex, At the humble Petition, and only costs and charges of Thomas Sutton Esq. We do firmly by these presents, for us, our Heirs and Successors, erect, found, establish, and confirm, to have continuance for ever. And for the better maintenance and continuance of the said Hospital and Free-school, and the said godly and charitable uses, intents and purposes, and that the same may have and take the better effect, and that all and every the Manors, Lands, Tenements, and Rents, Reversions, Services and Hereditaments, Goods and Chattels, granted, conveied, assigned, devised, willed, limited and appointed, for the maintenance, sustentation, and relief of the persons aforesaid, in the same Hospital may be the better governed, used, employed, and bestowed for the mantainance of the persosn in the said Hospital for the time being, to have continuance for ever; We Will, Ordain, and do appoint, assign, limit and name, and for us, our Heirs and Successors, do grant and ordain by these presents, That there shall be for ever hereafter 16. persons, who shall be called Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in the  within the County of Middlesex, At the humble Petition, and only costs and charges of Thomas Sutton Esquire, And for that purpose we have elected, nominated, ordained, assigned, constituted, limited and appointed, and by these presents do for us, our Heirs and Successors, elect, nominate, ordain, assign, constitute and appoint, The Right Reverend Father in God, George now Arch Bishop of Canterbury, our trusty and  Counsellor, Thomas Lord Ellesmere Lord Chancellor of England, our trusty and  Cousin and Counsellor, Robert Earl of Salisbury, Lord High Treasurer of England, John the elect Bishop of London, Lancelot now Bishop of Elie, Sir Edward Coke Knight, Chief Justice of the Common-Pleas, Thomas Foster Knight, one of our Justices of our Court of Common-Pleas, Sir Henry Hobart Knight and Baronet our Attorney General, John Overal, now Dean of the Cathedral Church of Saint Paul in London, George Mountain, Dean of the Collegiate Church of Westminster, Henry Thursby Esquire, one of the Masters of our Court of Chancery, Jeffery Nightingale Esquire, Richard Sutton Esquire, John Law Gentleman, Thomas Brown Gentleman, and the Master of the Hospital of King JAMES, founded in the Charter House, within the County of Middlesex, At the humble Petition, and only costs and charges of the said Thomas Sutton Esquire, and such person and persons as shall be from time to time Master or Masters of the said Hospital, for and during such time as they shall be Master or Masters thereof, to be the first and present Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in the , within the County of Middlesex, At the humble Petition, and only costs and charges of Thomas Sutton Esquire, and that they, and the Survivors of them, and such as the Survivors or Survivor of them, from time to time, Elect, and Choose to make up the number of 16. when, and as often as any of them, or any of their Successors shall happen to decease, or to be removed from being Governors or Governor thereo●, shall be incorporated, and have a perpetual succession for ever, in Deed, Fact, and Name, and shall be one Body Politic and Corporate; And that the said persons and their Successors, and the Survivors and Survivor of them, and his and their Successors, and such as shall be elected, and chosen to succeed them as aforesaid shall be incorporated, named, and called, by the name of the Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in the , within the County of Middlesex, At the humble Petition, and only costs and charges of Thomas Sutton Esquire, And them by the name of Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in the , within the County of Middlesex, At the humble Petition, and only costs and charges of Thomas Sutton Esquire, One Body Corporate and Politic, by that name to have perpetual succession for ever to endure; We do by these presents, for us, our Heirs and Successors, really and fully incorporate, make, erect, ordain, name, constitute, and establish; And that by the same name of the Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in the , within the County of Middlesex, at the humble Petition, and only costs and charges of Thomas Sutton Esquire, they, and their Successors, and the Survivors and Survivor of them, and his and their Successors, & the persons to be elected and chosen as aforesaid, shall for ever hereafter be incoporated, named & called, and shall by the same name have perpetual succession for ever, And that they by the same name be, and shall be, and continue persons able and capable in the Law from time to time, and shall by that name of Incorporation, have full Power, Authority, and lawful capacity and ability, to purchase, take, hold, receive, enjoy, and have to them and their Successors for ever, as well Goods and Chattels, as Manors, Lands, Tenements, Rents, Reversions, Annuities, & Hereditaments whatsoever, as well of us, our Heirs & Successors, as of the said Th. Sutton, his Heirs, Executors, or Assigns, or any other person or persons whatsoever; And also that the said Governors for the time being, and their successors, shall have full power, and Lawful authority, by the aforesaid name of Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King James, founded in Charterhouse, within the County of Middlesex, at the humble Petition, and only Costs and Charges, of Thomas Sutton Esquire, to sue, and be sued, implead, and to be impleaded, to answer, and to be answered unto, in all manner of Courts and Places that now are, or hereafter shall be, within this our Realm, or elsewhere, aswell Temporal, as Spiritual, in all manner of Suits whatsoever, and of what nature and kind soever, such Suits or Actions be, or shall be, in the same and as ample manner and form, and to all intents, constructions, and purposes, as any other person, or persons, Bodies politic, or corporate, of this our Realm being persons able in Law may do. And furthermore We will, and grant, by these presents, for us, our Heirs, and Successors, unto the said Governors for the time being, and their successors, that they and their successors, shall have and enjoy for ever a Common Seal wherein shall be engraven the name and Arms of the said Thomas Sutton, whereby the said Corporation shall or may Seal any manner of Instrument touching the same Corporation, and the Manors, Lands, and Tenements, Rents, Revenues, Annuities, and Hereditaments, Goods, Chattels, and other things, thereunto belonging, or in any wise touching or concerning the same: Nevertheless, it is our intent and meaning, that the Governors, for the time being, and their successors, nor any of them shall do, or suffer to be done at any time hereafter, any Act, or thing whereby, or by means whereof, any of the Manors, Lands, Tenements, Rents, Reversions, Annuities, or Hereditaments of the said Corporation, or any Estate, Interest, Possession, or Property, of, or in the same, or of any of them, shall be conveyed, Vested, or Transferred, in or to any other whatsoever contrary to the true meaning hereof, only than by such senses as are hereafter mentioned, and that in such manner and form as is hereafter expressed, and not otherwise. And that such construction shall be made upon this Foundation and Incorporation, as shall be most beneficial and available for the maintenance of the Poor, and for the repressing and of all Acts and devises to be mentioned or put in Ure, contrary to the true meaning of the presents: And therefore our will and plasure is, and so for us, our Heirs, and successors, we do ordayn, that the said Governors for the time being, or their successors, or any of them, shall not make any Lease, Grant, Conveyance, or estate of any the Manors, Lands, Tenements, or Hereditaments, which shall exceed the number of 21. years, and that either in possession, or not above two years before the end or expiration, or determination of the estate or estates in posseffion, whereupon the accustomable yearly rent, or more by the greater part of five years, next before the making of any such Lease reserved, due, and payable, shall be reserved and yearly payable during the continuance of every such Lease; And also we do ordayn, grant, and appoint by these presents, for us, our Heirs, and successors, that so often, and whensoever any one or more of the said Commissioners for the time being, or any other Governor or Commissionor that shall be chosen hereafter, shall fortune to departed his life, or to be removed from his or their place, of Governor or Governors, that then and so often the residue of the said Governor or Governors, and their successors, shall be, continue and remain incorporate, by the name of the Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King James, founded in Charter House, within the County of Middlesex, at the humble petition and only costs and charges, of Thomas Sutton Esquire, to all intents, constructions, and purposes, according to to the true meaning of these presents, as if all the said Governor and Governors, had continued, and that then and so often, it shall be Lawful for the rest of the Governors, or the greatest number of them, to elect, nominate, choose and appoint, one or more meet person or persons, according to the true intent and meaning of these presents, into the Room and place, or Room and Places, of every such Governor or Governors, which shall so departed this life, or be removed, which person and persons, so nominated, elected, chosen, and agreed upon, by the said Governors or the greater number of them, shall be, and shall be taken and reputed, to be from the time of his and their election, to be from thenceforth together with the others Governors of the said Hospital. And after this manner to proceed, whensoever and as often as need shall require. And the same election to be made within two Months, that any of the said Governor or Governors shall departed this Life, or be removed, and that the aforesaid Thomas Sutton during his life, and after his decease the said Governors for the time being, or the more part of them, shall have full power and authority, to nominate assign, appoint, and shall and may name, assign, and appoint, when, and as often as he and they shall think good, such number and numbers, of person and persons, as he and they shall think convenient, to be Poor men, Children, and Scholars, Master, Preacher, Schoolmaster, Usher, Members, Officer, & Officers, of, or for the said Hospital, as he the said Thomas Sutton, during his life, and after his decease, the Governors for the time being, and their successors, or the more part of them, shall think meet and convenient, nevertheless, if the Rents, Reversions or Profits, of all or any of the Manors, Lands, Tenements, and Hereditataments, Goods, or Chattels, at any time to be granted and conveyed, to the said Governors of the said Hospital, and their successors, for the maintenance of the people in the said Hospital, shall happen to increase, or to be raised, or augmented to a better or greater yearly value, then formerly the same was, or that the Rents, Revenues, and Possessions of the said Hospital, shall be further increased by the determination of any former estates in any of the said possessions of the said Hospital otherwise, that all and every such increase shall be employed to the maintenance of more and other poor people to be placed in the said Hospital, or to the further augmentation of the allowances of those persons that for the time being, shall be in the said Hospital according, to the true Intent, and meaning of these presents, and shall not be converted or employed to an private use. And also we do by the presents, for us our Heirs and successors will grant, and ordayn, that when soever and as often as any of the said places or Rooms, of any of the said Master, Preacher, Schoolmaster, or Usher, Poor men, or Children, Scholars, Members, or Officers, or any of them shall happen to become void by Death, Resignation, Deprivation, or otherwise, that then and so often it shall and may be Lawful for the said Thomas Sutton during his life, and after his death, for the said Governors for the time being, and their successors, or the most part of them, within one Month after such avoidance, by writing under the Seal of the said Thomas Sutton, during his life, and after his death, by the siad Governors for the time being, and their successors, under their Common Seal, to nominate & appoint other meet person and persons, in the Rooms, place and places, of them and every of them so deceasing, resigning or otherwise becoming void, and if in case the said Governors and their successors, for the time being, or the most part of them, shall not within two Months after such avoidance, nominate, assign, and appoint, as is aforesaid, that then and so often, and in every such case, from and after the death of the said Thomas Sutton, it shall be Lawful for us, our Heirs and successors, by Letters Patents, under the Great Seal of England, or Privy Seal, to nominate and appoint, meet Person, and Persons, to all and every such Office, Rooms, Place, and Places as shall remain void for the time aforesaid, by the default of the said Governors and their successors, as is aforesaid. And we do further of our special grace, certain knowledge, and mere motion, for us, our Heirs, and successors, give and grant, that the said Master, Preacher, Schoolmaster, Usher, Poor Men, Children, Scholars, Members, and Officers of the said Hospital, and every of them shall be allowed, ordered, directed, visited, placed, or displaced, by the said Thomas Sutton during his life, and after his death by the said Governors, and their successors, and the most part of them, according to such allowances, Rates, Statutes, and Ordinan●ns as shall be appointed, set forth, made, devised, or established, by the said Thomas Sutton during his life in writing under his hand and Seal, and after his death, by the Governors for the time being, and their successors, or the more part of them under the said Common Seal: And further we have given and granted, and by these presents do give and grant to the said Thomas Sutton, during his life, by writing under his hand and Seal, and to the said Governors, and their successors, for the time being, or the more  of them after his decease, under the said Common Seal, to make, set down, and appoint, such Rates, Statutes, and Ordinances, for the Rule, Government, and well ordering of the said Hospital, and of the Master, Preacher, Schoolmaster, Usher, Poor People, Children, Scholars, Members and Officers, for the time being, and for their and every of their Wages, ' Stipends, and allowances, for and towards their or any of their Maintenance and Relief, as to the said Thomas Sutton during his life, and after his decease to the said Governors and their successors, for the time being, or the more part of them, shall seem meet and convenient. And that the same Orders, Rates, Statutes and Ordinances, so by him, them, or any of them, to be made, set down, and prescribed, as aforesaid, shall be and stand in force, and strength in Law, to all constructions, intents, and purposes, the same not being repugnant to our Prerogative Royal, nor contrary to the Laws and Statutes of this Realm of England, nor unto any Ecclesiastical Canons or Constitutions of the Church of England, which then shall be in force. And that for the better Government of the said Hospital, the said Thomas Sutton during his life, and after his decease, the said Governors, for the time being, or the most part of them, or such and so many of them as the said Thomas Sutton shall by his writing under his hand and Seal thereunto assign, appoint and nominate, shall and may, after the decease of the said Thomas Sutton, have full power and Lawful authority to visit, order, and punish, place or displace the Master, Preacher, Schoolmaster, Usher, Poor People, Sholars, Members, and Officers of the said Hospital, and every of them, and to order, reform and redress all and every the disorders, misdemeanours, offences, and abuses, in the persons aforesaid, and every of them, or in the said Hospital or Free-School, or in or touching the Government, Order, and disposal of the same. And to censure, suspend, deprive, and displace the said Master, Preacher, Schoolmaster, Usher, Poor People, Scholars, Members, and Officers, and all and every or any of them, as to him the said Thomas Sutton during his life, and after his death, to the said Governors for the time being, and their successors, or the more part of them, or to such and so many of them as the said Thomas Sutton, by his writing under his hand and Seal, shall thereunto assign, nominate and appoint, as shall to him or them respectively seem fit, just, and convenient, so always, that no visitation, act, or thing, in or touching the same, be had, made or done, by any person or persons, during the life of the said Thomas Button, other than by the said Thomas Sutton, and after his death by the said Governors for the time being, and their successors, or the more part of them, or by such or so many of them, as the said Thomas Sutton, by his writing, under his hand and Seal, shall nominate and appoint thereunto. And we of our further special grace, certain knowledge and mere motion, and by our supreme power and authority, for us, our Heirs, and Successors, do will, ordayn and grant, that the said Hospital, and the Master, Preacher, Schoolmaster, Usher, Members and Officers, and all other the persons to be placed in the said Hospital, sball for ever hereafter be excepted and freed of and from all visitation, punishment, and correction to be had, used, or exercised, in or upon them, or any of them, by the ordinary of the Diocese for the time being, or by any other person or persons whatsoever, other than by the said Thomas Sutton during his life, and after his decease by the said Governors for the time being, and their successors. And further know ye, that we for the considerations aforesaid, of our special grace, certain knowledge, and mere motion, have given and granted, and by these presents do give and grant to the said Governors of the Lands, possessions and Goods of the Hospital of King James, founded in Charterhouse, within the County of Middlesex, at the humble petition and only costs and charges, of Thomas Sutton Esquire, and their successors for ever, our special Licence and free and Lawful liberty, power, and authority, to get, purchase, receive, and take to them and their successors for ever, for the maintenance sustentation, and relief of all and every the person and persons to be placed in the said Hospital, of, and from the said Thomas Sutton, his Heirs and assigns, the said great and large Mansion House, commonly called  besides Smithfield, together with all the Houses, Buildings, Courts, Yards, Gardens, and other Hereditaments lately purchased by the said Thomas Sutton, of the said Thomas Earl of Suffolk; and all those his Manors, and Lordships of Southminster, Norton, little Hallingbury, otherwise Hallingbury Bowchers, and Much Stambridge in the County of Essex, with all their, and every of their Rights, Members, and Appurtenances whatsoever: And also all those Manors, and Lordships of Baslingthorp and Dunnesby in the County of Lincoln, with their and every of their Rights, Members, and Appurtenances whatsoever. And also of all those his Manors of Salthorpe otherwise Saltrop, otherwise Halthrope, Chilton, and Blackgrove, in the County of Wilts, with their and every of their Rights, Members, and Appurtenances. And also all those his Lands, and Pasture grounds called Blackgrove, containing by estimation 200. Acres of Pasture with the Appurtenances in Blackgrove, and Wroughton, in the said County of Wilts. And also all that his Manor of Missenden, otherwise called the Manors of Missenden, in the Parishes of Wroughton, Lydyard, and Tregoce, in the said County of Wilts, with all his Rights, Members, and Appurtenances, And all that his Manor of Elcombe, and the Park called Elcombe Park, with the Rights Members and Appurtenances, in the said County of Wilts. And all that his Manor of Wit-lescot, otherwise Wiglescot, otherwise Wiglescete, with the Appurtenances in the County of Wilts. And also all that his Manor Wescote, with the Appurtenances in the said County of Wilts. And also all those his Lands, and Pastures, containing by estimation, 100 Acres of Land, and 60. Acres of Pasture with the Appurtenances in Wigliscot and Wroughton, in the said County of Wilts. And all that his Manor of Offcote with the Appurtenances, in the said County of Wilts. And also all those his two Messages, and 1000 Acres of Land, 2000 Acres of Pasture, 300. Acres of Meadow, and 300. Acres of Wood, with the Appurtenances in ●rodehinton, in the said County of Wilts. And also all those the Manors and Lordships of Camps, otherwise Campes-Castle, otherwise called Castle Camps, with the Appurtenances, situate, lying, being, extending in the Counties of Cambridge, and Essex, or in either of them or else where within the Realm of England. And also all that his Manor of Balsham in the County of Cambridge, with all and singular the Rights, Members, and Appurtenances thereof whatsoever. And also all those his Messages & Lands, lying and being in the Parishes of Hackney, & Tottenham, in the County of Middlesex, or either of them, with their, and every of their Rights, Members, and Appurtenances, thereof whatsoever, which late Message, was lately purchased of Sir William ●owper Knight, and the said Lands in Tottenham, are now, and late were in the Tenure or Occupation of William ●enning Yeoman. And also all and singular the Manors, Lordships, Messages, Lands, Tenements, Reversions, Services, Meadows, Pastures, Woods, Advowsons', Patronages of Churches, and Hereditaments, of the said Thomas Sutton whatsoever, situate, lying and being, within the said Counties of Essex, Lincoln, Wilts, Cambridge, and Middlesex, or in any of them, with all and every of their Rights, Members, and appurtenances whatsoever, or any such and so many, and such part of the said Manors, Advowsons', Lands, Tenements, and Hereditaments, or any part thereof, as the said Thomas Sutton shall seem meet. And also all Letters Patents, Indentures, Deeds, Evidences, Bonds, and Writings concerning the premises, or any of them, which shall be so given and granted by the said Thomas Sutton, to the said Governors and their Successors. And all such Commissions, Warrants, Vouchers, Actions, Suits, Entries, Benefits, and Demands, as shall and may be had, by any person or persons, upon, or by reason of them, or any of them, except all his Manors or Lordships of Littlebury, & Haddestock, w th'. the Appurt. in the County of Essex aforesaid, or in either of them, though the premises or any of them, be holden of us immediately in Chief, or by Knight's service, or otherwise howsoever, And without Licence or Pardon for Alienation of them, or any of them, the Statute of Mortmain, or any other Act, Statute, Ordinance, of Provision to the contrary notwithstanding. And also we do give and grant, like Licence, Power and Authority to the said Thomas Sutton his Heirs and Assigns, to give, grant, and assure unto the said Governors and their Successors, for the uses, intents and purposes aforesaid, And all and every the said great & large Mansion-House, commonly called the , besides Smithfield, together with the Houses, Buildings, Courts, Yards, Gardens, Orchards, Closes, and other Hereditaments lately purchased of the said Thomas Earl of Suffolk, all those his Manors and Lordships of Southminster, Norton, Little Hallingbury, otherwise Hallingbury Bowchers, and Much Stanbridge in the said County of Essex, with all their and every of their Rights, Members, and Appurtenances whatsosoever. And also all those his Manors and Lordships of Bustingthorp, otherwise ●●stingthorp and Dunnesby, in the Countyof Lincoln, with their and every of their Rights, Members, and Appurtenances whatsoever. And all th●●e his Manors of Salthorp, otherwise Saltrop, otherwise Ha●●horp, Chilton, ●●d, 〈…〉 gr●ve, in the County of Wilts, with their and every o● their Rights, Members, and Appurtenances. And also all those his Lands, and Pasture Grounds called Blackgrove, containing by estimation 200. Acres of Pasture, with their Appurtenances in Blackgrove and Wroughton, in the said County of Wilts. And also all that his Manor of Misenden, otherwise called the Manor of Misunden, in the Parishes of Wroughton, Lidyard, and Tregose in the said County of Wilts, with all his Rights, Members, and Appurtenances in the said County of Wilts. And also all those Manors of Wescote, otherwise Wescote, with the Appurtenances in the said County of Wilts. And also all those his Lands and Pastures, containing by estimation 100 Acres of Land, and 60. Acres of Pasture, with the Appurtenances in Wiglescate and Wroughton, in the said County of Wilts. And all that his Manor of Vsscote, with the Appurtenances in the said County of Wilts. And also all those his two Messages, 1000 Acres of Land, 2000 Acres of Pasture, 300. Acres of Meadow & 300. Acres of Wood, with the Appurtenances in Broadhinton, in the said County of Wilts. And all those his Manors & Lordships of Camps, otherwise Camp's Castle, otherwise called Castle Camps, with the Appurtenances situate, lying and being, and extending into the Counties of Cambridge and Essex, or in either of them, or elsewhere, within the Realm of England. And also all that his Manor of Balsham, in the County of Cambridge, and all & singular the Rights, Members, & Appurtenances thereof, whatsoever. And also all those his Messages and Lands, situate, lying and being in the Parishes of Hackney, and Tottenham, in the County of Middlesex, or in either of them, with their, and either of their Rights, Members, and Appurtenances whatsoever, which said Message, was lately purchased of Sir William Bowyer Knight, and the Lands in Tottenham now are, or late were, in the Tenure or Occupation of William Benning Yeoman. And also all & singular the Manors, Lordships, Messages, Lands, Tenements, Reversions, and Services, Meadows, Pastures, Woods, Advowsons', Patronages of Churches, and Hereditaments of the said Thomas Sutton, wheresoever, situate, lying and being within the said County of Essex, Lincoln, Wilts, Cambridge, and Middlesex, or any of them, with all and every their Rights, Members, and Appurtenances whatsoever, or and such, and so many, and such part of the said Manors, Advowsons', Tenements and Hereditaments, or of any part thereof, as the said Thomas Sutton shall think meet. And also all Letters Patents, Indentures, Deeds, Evidences Bonds and Writings, concerning the premises, or any of them, which shall be so given and granted by the said Thomas Sutton, to the said Governors and their Successors, and all such Conditions, Warrants, Vouchers, Actions, Suits, Entries, Benefits and demands, as shall be, or may be had by any person or persons, or by reason of them, or any of them, (except all his Manor and Lordship of Littelbury, and Haddestock, with the Appurtenances in the said County of Essex aforesaid) or in either of them, though the premises or any of them be holden of us immediately in Chief, or by Knight's service, or otherwise howsoever, and without any licence or pardon for Alienation of them or any of them, the Statute of Mortmain, or any other Act, Statute, Ordinance, or Provision whatsoever to the contrary notwithstanding. And our further Will and Pleasure is, And we do by these presents, for us, our Heirs and Successors, ordain, and strictly charge and command, That whatsoever, and as often as any of the Churches, Parsonages, Viccarages, Chapels, or other spiritual live, the Advowsons', Patronages, and Donations, whereof are hereby meant, or mentioned to be licenced, to be given by the said Thomas Sutton, to the said Governors and their Successors, for and towards the maintenance of the said godly and charitable use shall happen to become void, or presentative, or presentable, or to be given, or collated unto, by the Death, Resignation, or Deprivation of any Incumbent or Incumbents of them, or any of them, or by any other means howsoever, That then and so often the said Governors for the time being or their Successors, or the greater part of them or the time being, shall present, prefer, and collate thereunto, such meet and sufficient persons, as they shall think fit. Nevertheless, our full meaning and direction is in this, and so we do by these presents, for us, our Heirs and successors, ordayn and declare, that such and so many of the Scholars which shall from time, be brought up, and taught in the said Hospital, and every of them, as shall after be fully qualified and become meet, to take upon them, or any them, the charge of the said Churches, Parsonages, Viccarages, Chapels, or other spiritual live aforesaid, shall as near as may be, from time time, be by the said Governors and their Successors, presented, preferred, and collated thereunto, before any other person or persons whatsoever, avoiding as much as may be the giving of more Benefices than one, to any one Incumbent; And to the end, that all suspicion of indirect dealing, which might hereafter be used, or put in practice by the aforesaid Governors or their Successors, or any of them, contrary to the true intent and meaning of these presents, may be prevented and taken away; Our Will and Pleasure is, And we do by these presents, for us, our Heirs and Successors, ordain, and straight command and charge, That the Manors, Lands, Tenements, and Hereditaments, and other the premises which at any time hereafter shall be given, granted, or conveied for the maintenance of the said godly and charitable uses, before in these presents mentioned, in or any part or parcel of them, or of any of them, shall at any time hereafter be leased, demised, granted or conveied, to them the said Governors or their Successors, or to any of them, or to any other person or persons whatsoever, for or to the use, benefit, and behoof of the said Governors or of their Successors, or any of them, although express mention of the clear yearly value, and certainty of the premises or of any them, or of any other gifts or grants, by us or any of our Progenitors or Predecessors, to the said Thomas Sutton heretofore made is not made, or any Statute, Act, Ordinance, Provision, Proclamation, or Restraint to the contrary notwithstanding. In Witness whereof we have caused these our Letters to be made Patents; Witness ourselves at Westminster, the 22th. day of June, in the 9th. year of our Reign of England, France and Ireland, and of Scotland the 44th. as by the said Letters Patents more fully appeareth. And further the said Jurors say upon their Oath aforesaid, That the said Thomas Smith, of all and singular the premises aforesaid with the Appurtenances, in form aforesaid being seized, The said Thomas Sutton afterwards, and before the aforesaid time in which, etc. That is to say, the 30th. day of October, iin the year of the Reign of the Lord JAMES, that now is of England the 9th. abovesaid, made a certain Writing sealed with his Seal, bearing date the same day and year, and to the Jurors aforesaid showed in Evidence, to one John Hutton Clerk, The Tenor of which Writing followeth in these words. To All to whom this present shall come, Thomas Sutton of Balsham, in the County of Cambridge Esquire sendeth Greeting; Whereas it pleased the Kings most Excellent Majesty that now is, by his Highness' Letters Patents, bearing date at Westminster the 22th. day of June, in this present 9th. year of his Reign over England, upon the humble Suit of the said Thomas, to give Licence, Power and Authority, to him the said Thomas Sutton, to place, found, and erect an Hospital and Free-school, in the House called the late dissolved  besides Smith field, in the County of Middlesex, And like Licence, Power and Authority, for him the said Thomas Sutton, at any time during his life, to ordain, appoint, and place a Master of the said Hospital, And that the said Hospital should be called by the name of the Hospital of King JAMES, founded in the Charter House, within the County of Middlesex, at the humble Petition, and only costs and charges of Thomas Sutton Esq. And where furthermore, by the said Letters Patents, The Master of the said Hospital, for the time being, is ordained, and appointed, to be one of the 16. Governors, of the Lands, Possessions, Revenues and Goods of the said Hospital; And that the same 16. Governors, are by the said Letters Patents, incorporate to purchase, and take Lands to them and their Successors for ever, for the maintenance of the said Hospital, by the name of the Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in the , within the County of Middlesex, at the humble Petition, and the only costs and Charges of Thomas Sutton Esquire, as by the said Letters Patents (amongst other things) more at large may appear; By reason whereof, there must be a Master made, before such time as the said Thomas Sutton can convey the Lands intended by the said Thomas Sutton to be conveied for the maintaiance of the said Hospital unto the said Governors, according to the said Letters Patents; Now the said Thomas Sutton, minding the performance of the said charitable Act, hath according to the power given him by the said Letters Patents, and by these presents doth place, nominate, constitute and appoint, his Right trusty, and  John Hutton Clerk, the first and present Master of the said Hospital of King JAMES, founded in the , within the County of Middlesex, at the humble Petition, and only costs and charges of Thomas Sutton Esquire, To have, and to hold the said Office, Room, and place of Master of the said Hospital, to him the said John Hutton, from henceforth during the good will and pleasure of the said Thomas Sutton; In witness whereof, the said Thomas Sutton hath put his Hand and Seal, dated the 13th. day of June, in the year of the Reign of our said Sovereign Lord JAMES, by the Grace of God King of England, France and Ireland, defender of the Faith, etc. And of Scotland the 45th. And further the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid Thomas Sutton, of all and singular the premises aforesaid, in form aforesaid being seized, Afterwards, and before the time in which, etc. that is to say, the first day of November, in the year of the Reign of the said Lord the King that now is of England, etc. the 9th. abovesaid, made a certain Indenture between him the said Thomas Sutton of Balsham, in the County of Cambridge Esquire of the one part, And the Right Reverend Father in God, George ●ord Arch Bishop of Canterbury, Primate and Metropolitan of all England, The Right Honourable Thomas Lord Ellesmere, Lord Chancellor of England, The Right Honourable Robert Earl of Salisbury, Lord High Treasurer of England, The Reverend Father in God, John Lord Bishop of London, The Reverend Father in God, Lancelot Lord Bishop of ●lie, Edward Coke Knight, Lord Chief Justice of the Common-Pleas, Thomas Foster Knight, one of the Justices of the Common-Pleas, Henry Hobert Knight and Baronet, the King's Attorney General that now is, John Overal, Dean of the Cathedral Church of St. Paul in London, George Mountain, Dean of the Collegiate Church of Westminster, Henry Thursby Esquire, one of the Masters of the Chancery, Jeffery Nightingale Esquire, Richard Sutton Esquire, John Law Gentleman, Thomas Brown Gentleman, and John Hutton Clerk, By the name of the Reverend Father in God, George Arch Bishop of Canterbury, Thomas Lord Ellesmere, Lord Chancellor of England, Robert Earl of Salisbury, Lord High Treasurer of England, The Reverend Father in God, John Lord Bishop of London, The Reverend Father in God, Lancelot Lord Bishop of Elie, Edward Coke Knight, Lord Chief Justice of the Common-Pleas, Thomas Foster Knight, one of the Justices of the Court of Common-Pleas, Henry Hobert Knight and Baronet, Attorney General of the Lord the King, John Overal, Dean of the Cathedral Church of Saint Paul in London, George Mountain, Dean of the Collegiate Church of Westminster, Henry Thursby Esquire, one of the Masters of the Court of Chancery, Jeffery Nightingale Esquire, Richard Sutton Esquire, John Law Gentleman, Thomas Brown Gentleman, and John Hutton Clerk, Master of the Hospital of King JAMES, founded in the , within the County of Middlesex, at the humble Petition and at the only costs and charges of Thomas Sutton Esquire, the first and present Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in the Charter House, within the County of Middlesex, at the humble Petition, and only costs and charges of Thomas Sutton Esquire, of the other part made, and within 6. Months than next following, that is to say, the 4th. day of November, in the year of the Reign of the Lord JAMES, now King of England the 9th. abovesaid, in the Court of Chancery of the Lord the King that now is, at Westminster aforesaid, then being in due manner of Record enrolled according to the form of the Statute in such case made and provided; And whereof one part, sealed with the Seal of the said Thomas Sutton, to the Jurors aforesaid was showed in Evidence, bearing date the same day and year. The Tenor of which Indenture followeth in these words. This Indenture made the first day of November, in the year of our Lord God, 1611. and in the years of the Reign of our Sovereign Lord JAMES, by the Grace of God, of England, France and Ireland, defender of the Faith, etc. that is to say, of England, France and Ireland the 9th. and of Scotland the 45th. Between Thomas Sutton of Balsham in the County of Cambridge Esquire of the one part, And the most Reverend Father in God, George now Arch Bishop of Canterbury, Primate and Metropolitan of all England, The Right Honourable Thomas Lord Ellesmere, Lord Chancellor of England, The Right Honourable Robert Earl of Salisbury, Lord High Treasurer of England, The Right Reverend Father in God, John Lord Bishop of London, The Right Reverend Father in God, Lancelot Lord Bishop of Elie, Sir Edward Coke Knight, Chief Justice of the Common-Pleas, Sir Thomas Foster Knight, one of the Justices of the Court of Common-Pleas, Sir Henry Hobart Knight and Baronet Attorney General of our Sovereign Lord the King, John Overal, Dean of the Cathedral Church of Saint Paul in London, George Mountain, Dean of the Collegiate Church of Westminster, Henry Thursby Esquire, one of the Masters of our Court of Chancery, Jeffery Nightingale Esquire, Richard Sutton Esquire, John Law Gentleman, Thomas Brown Gentleman, and John Hutton Clerk, Master of the Hospital of King JAMES, founded in the , within the County of Middlesex, at the humble Petition, and only costs and charges of the said Thomas Sutton Esquire, the first and present Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in the Chater-House, within the County of Middlesex, at the humble Petition, and only costs and charges of Thomas Sutton Esquire of the other part, Witnesseth; That whereas, It hath pleased the Kings most Excellent Majesty that now is, By his Highness' Letters Patents, bearing date at Westminster the 22th. day of June, in this present 9th. year of his Highness over England, upon the humble Suit of Thomas Sutton, to give Licence, Power and Authority, to him the said Thomas Sutton, to place, erect, found and establish, at or in the said House, called the late dissolved  besides Smithfield, within the said County of Middlesex, One Hospital, House or place of abiding, for the finding, sustentation, and relief of poor, aged, maimed, needy, and impotent people: As also to place, found and establish, at or in the said House, One Free-school, for the instructing, maintenance, and education of poor Children or Scholars, And that the said Hospital, should ever after be incorporated, named and called, The Hospital of King JAMES, founded in the Chater-House, within the County of Middlesex, at the humble Petition, and only costs and charges of Thomas Sutton Esquire, And that he the said Thomas Sutton during his life, and after his death, the Governors and their Successors for ever, should have full Power, Licence and Authority, to ordain, appoint, and place therein a Master, a Preacher, a Schoolmaster and Usher, and such number of poor people, Scholars and Officers, as they should think meet, And in default thereof, his Majesty, his Heirs and Successors, And where likewise our said Sovereign Lord the King Majesty, by the said Letters Patents, hath incorporated the said Lord Arch Bishop, Lord Chancellor, Lord Treasurer, john Bishop of London, Bishop of Elie, Sir Edward Coke Knight, Sir Thomas Foster Knight, Sir Henry Hobert Knight and Baronet, John Overal, George Mountain, Henry Thursby, Jeffery Nightingale, Richard Sutton, John Law, Thomas Law, Thomas Brown, and the Master of the said Hospital, for the time being, by the name of Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in the , within the County of Middlesex, at the humble Petition, and only costs and charges of Thomas Sutton Esquire; And moreover, hath hereby granted Licence, as well to the said Governors and their Successors, to have, take, and purchase, as also Licence and Authority to the said Thomas Sutton his Heirs and Assigns, to give, grant, and assure unto the Governors and their Successors, for the better continuance of the said Hospital and Free school for ever, and for the better maintenance of the Master, Preacher, School Master, Usher, and such number of poor people, Scholars and Officers, of and in the said Office for ever, as shall be therein placed as aforesaid. And all and every the Manors, Lands, Tenements, Rents, Reversions, Advowsons', and Hereditaments, hereafter herein mentioned to be granted or conveied, as in the said Letters Patents amongst other things more at large may appear; Since which said Letters Patents, The said Thomas Sutton, hath by his Deed under his Hand and Seal, bearing date the 13th. day of October last, ordained and appointed the said John Hutton, to be the first present Master of the said Hospital, according to the purport, Tenor, and true meaning of the said Letters Patents. And the said Tho. Sutton, being minded in his life time to perfect the said godly & charitable act himself, and not to leave it to be perfected after his death by others, This Indenture therefore witnesseth, That the said Tho. Sutton, for and in consideration of the continuance of the said Hospital and Free-school for ever hereafter, and for the better maintenance of the said Master, Preacher, Schoolmaster, Usher, poor people, Scholars and Officers, for ever hereafter, with the Rents, Revenues, Issues, Commodities and Profits, of the Manors, Lands, Tenements, Rents, Reversions, Advowsons', and Hereditaments hereafter in these presents mentioned, to be conveied, and for and in consideration of the sum of 5. pound, of lawful Money of England, by the said Lord Archbishop, and other the Governors aforesaid paid, which said sum of 5. pound, he the said Thomas Sutton confesseth, and acknowledgeth himself to have received of the said Governors, and thereof doth acquit and discharge the said Governors for ever by these presents, And in consideration of the yearly Rent of 12. d. of lawful Money of England, hereafter in and by these presents reserved to the said Thomas Sutton and his Heirs; And for divers other good and reasonable considerations him especially moving, (according to the said Licence of the King's Majesty, to him the said Thomas Sutton in that behalf given) Hath bargained, sold, granted, and confirmed and conveied, and by these presents doth for him and his Heirs, bargain, sell, give, grant, confirm and convey, unto the said Governors of the Lands, Possessions, Revenues, and Goods of the said Hospital of King JAMES, founded in the , within the County of Middlesex, at the humble Petition, and only costs and charges of Thomas Sutton Esquire, and to their Successors for ever, All that the Mansion-house, commonly called the  besides Smithfield, in the said County of Middlesex, And all and singular the Messages, Houses, Courts, Yards, Gardens, Orchards, Closes, and other Hereditaments within the County of Middlesex, lately purchased by the said Thomas Sutton, of the Right Honourable Thomas Earl of Suffolk, And all those his Manors and Lordships of Southminster, Norton, Little Hallingbury, otherwise Hallingbury Bowchers, and Much Stanbridge in the County of Essex, with all their and every of their Rights, Members, and Appurtenances whatsoever. And also all those his Manors and Lordships of Bustingthorp, otherwise Baslingthorp and Dunnesby, in the County of Lincoln, with their and every of their Rights, Members, & Appurtenan. whatsoever. And all those his Manors of Salthorp, otherwise Saltrop, otherwise Halthorp, otherwise Halstrop, Chilton, Black grove, Vsscot, Misenden, otherwise Misenden, Waklescot, otherwise Wiglescot, otherwise Wiglescet, Wescote, otherwise Wescete, and Elcomb, in the County of Wilts, with their and every of their Rights, Members, and Apurtenances. And all those his Lands and Pasture Grounds, called Black grove, containing by estimation 200. Acres of Pasture, with their Appurtenances in Black grove and Wroughton, in the said County of Wilts. And also all those Lands and Pastures, containing by estimation 100 Acres of Land, 60. Acres of Pasture, with the Appurtenances in Wiglescote and Wroughton, in the said County of Wilts. And also all those his two Messages, and 1000 Acres of Land, 2000 Acres of Pasture, 300. Acres of Meadow, & 300. Acres of Wood, with the Appurtenances in Broadhinton, in the said County of Wilts. And all those his Manors & Lordships of Camps, otherwise Camp's Castle, otherwise called Castle Camps, with the Appurtenances, situate, lying and being, and extending into the Counties of Cambridge and Essex, or either of them, or elsewhere within the Realm of England. And also all that his Manor of Balsham, in the County of Cambridge, with all and singular the Rights, Members, & Appurtenances thereof, whatsoever. And all those his Messages and Lands, situate, lying and being in the Parishes of Hackney, and Tottenham, in the County of Middlesex, or in either of them, with their, and either of their Rights, Members, and Appurtenances whatsoever, which said last mentioned Message, was lately purchased of Sir William Bowyer Knight, and the Lands in Tottenham now are, or late were, in the Tenure or Occupation of William Benning Yeoman. And also all and singular the Manors, Lordships, Messages, Lands, Tenements, Rents, Reversions, & Services, Meadows, Pastures, Woods, Advowsons', Patronages of Churches, Liberties, Privileges, Franchises, and other Hereditament; whatsoever of the said Thomas Sutton, situate, lying and being, or to be had, taken, and enjoyed, within the said County of Essex, Lincoln, Wilts, Cambridge, and Middlesex, or in any of them, with all and every their Rights, Members, and Appurtenances whatsoever. And all Letters Patents, Indentures, Deeds, Charters, Extents, Court Rolls, and other Writings, Minuments, and Evidences whatsoever, concerning the premises, or any of them, or any part or parcel of them, or any of them, Except, and always foreprized out of these presents, the Manors or Lordships of Little Hallingbury, and Haddestock, or either of them, or to the said Manors of Little Hallingbury, and Haddestock, or either of them belonging or appertaining, To have, and to hold the said Mansion-House, called the , besides Smithfield, And all and every the said Manors, Lordships, Messages, Parks, Lands, Tenements, Reversions, Services, Advowsons', Liberties, Franchises, Privileges, and Herediataments, and all other the premises, with their and every their Members and Appurtenances, (except before excepted) unto the said Governors of the Lands, Possessions, Revenues and goods of the said Hospital of King JAMES, founded in the  within the County of Middlesex, At the humble Petition, and only costs and charges of Thomas Sutton Esquire, and their Successors for ever, upon special trust and confidence, That all & singular the Rents, Issues, Revenues, Commodities and profits of all & singular the said Manors, Houses, Lands, Tenements, Hereditaments, and other the premises with their Appurtenances, shall be for ever hereafter from time to time, truly, faithfully, and wholly distributed, converted, and employed by the said Governors and their Successors, to and for the maintenance & continuance of the said Hospital and Free-School, and of the Master, Preacher, Schoolmaster, Usher, poor people, Scholars & Officers, of and in the said Hospital and Free-school, for the time being, and at all times hereafter, and from time to time for ever, according to the true intent, purport, and meaning of the said Thomas Sutton, and according to the Tenor and purport of the said Letters Patents, and of these presents, and to none other trust, use, confidence, interest, purpose, or employment whatsoever. Yielding and paying therefore yearly unto the said Thomas Sutton and his Heirs, the yearly Rent of 12. pence, at the Feast of the Nativity of Saint John the Baptist yearly to be paid, And when, and as of often as the said yearly Rent of 12. pence, shall be behind and unpaid, at any Feast whereon the same aught to be paid, That then, and so often, It shall be lawful for the said Thomas Sutton and his Heirs, into the pemises, and into every or any part or parcel thereof, to enter and distrem, and the distress and distresses there taken, to take, lead, and carry away, and with him and them to detain, until he and they be satisfied of the said Rent, and the Arrearages thereof if any may be. In witness whereof, the parties first above named, to these present Indentures interchangeably have set their Hands & Seals the day and year first above written. And further the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid Thomas Sutton, of the aforesaid premises with the Appurtenances, in the County of Middlesex, as before is, said being seized, The said Thomas Sutton, after the aforesaid Indenture, of Bargain & Sale of the premises with the Appurtenances, whereof, etc. by the aforesaid Thomas Earl of Suffolk, to the aforesaid Thomas Sutton made, and after the enrolment of the aforesaid Indenture, and before the Letters Patents aforesaid, by the said Lord the King that now is, as is said made, and before the aforesaid Indenture made, Between the aforesaid Thomas Sutton of the one part, And the aforesaid George Archbishop of Canterbury, Primiate and Metropolitan of all England, and others of the other part, bearing date the first day of November, in the year of the Reign of the Lord the King that now is the 9th abovesaid, Appointed one Richard Bird, to be Porter of the said Message, called the late dissolved  besides Smithfield, of the aforesaid Thomas Sutton, which Richard Bird, continued Porter of the said Message, after the said Indenture made, Between the aforesaid Thomas Sutton of the one part, & the aforesaid George Archbishop of Canterbury, and others of the other part, bearing date the aforesaid first day of November, in the year of the Reign of the said Lord the King that now is the 9th. abovesaid until the death of the said Tho. Sutton. And further, the Jurors say upon their Oath aforesaid, That the said Thomas Sutton afterwards, and before the time in which &c. that is to say, the second day of November, in the year of our Lord 1611. made his Testament and last Will in Writing, amongst other things as followeth in these words. And my Will and meaning is, That unless the said Sir Francis Popham, & the said Lady Ann his Wife, do or shall give to mine Executor or Executors, A general Acquittance or Release, to the elect above mentioned, That then as well the said Legacy of 2000 Marks, so willed to be given to the said Sir Francis Popham, and Ann his Wife, as also the other several Legacies given and bequeathed to every of the said Children of Sir Francis Prpham and the Lady his Wife, shall remain and be to the use of mine Executor or Executors, to be wholly disposed and given by them, within one whole year after my decease, yearly to the mending of the Highways, and partly to poor Maid's Marriages, and partly to the Releasing of poor men that lie in Prison for Debt, and partly to the poor people of my intended Hospital, when it shall please God it be established and erected. Also, I give for and towards the building of my intended Hospital, Chapel, and School-house, the sum of 5000. pound. Item, I give unto the Treasury and Storehouse of my intended Hospital to begin their Stock with, and to defend the Rights of the House 1000 pound, of lawful English Mony. And I give to every one of my Feoffees, whom I have put in trust about my intended Hospital, to whom I have not given any thing in this my Will, the sum of 26. pound, 13. shillings, and 4. pence, of lawful Money of England, as by the said Testament and last Will more fully appeareth. And further the Jurors say, upon their Oath aforesaid, That the aforesaid Thomas Sutton afterwards, and before the aforesaid time in which, etc. that is to say, the 12th. day of December, in the year of the Reign of the Reign of the said Lord the King that now is the 9th. abovesaid, at Hackney in the County of Middlesex, died without issue of his Body lawfully begotten, And that the aforesaid Simon Baxter now Plaintiff is, and at the time of the death of the said Thomas Sutton, was Cousin and next Heir of the aforesaid Thomas Sutton, that is to say, Son and Heir of Dorothy, the only Sister of the said Thomas Sutton. And further the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid Richard Sutton, and John Law, afterwards and before the time in which, etc. claiming as two Governors of the Lands, Possessions, Revenues, and Goods of the Hospital of King JAMES, founded in Chater House, within the County of Middlesex, at the humble petition and only costs and charges, of Thomas Sutton Esquire, in the names, and to the use of them who are named Governors as aforesaid, into all and singular the premises with the Appurtenances, called the late dissolved  besides Smithfield, whereof, etc. entered and were thereof seized as the Law requireth, upon the possessions of which, Richard Sutton, and John Law, thereof afterwards, and before the time in which, etc. the aforesaid Simon Baxter, into the said premises with the Appurtenances, whereof, etc. entered and was thereof seized as the Law requireth; Upon the possession of which Simon Baxter thereof, the aforesaid Richard Sutton, and John Law, the aforesaid time in which, into the premises aforesaid with the Appurtenances, whereof, etc. claiming as two Governors of the Lands, Possessions, Revenues and Goods of the Hospital of King JAMES, founded in the Chater-House At the humble Petition, and only costs and charges of Thomas Sutton Esq. in the names, and to the use of those who are called Governors as afore is said, reentered, as the aforesaid Simon Baxter against them complaineth. And further, the Jurors say upon their Oath aforesaid, That the aforesaid Richard Sutton, and John Law, in the aforesaid Act of Parliament of the 7th. year of King JAMES abovesaid, and in the aforesaid Letters Patents of the said King, and in the aforesaid Indenture of, Bargain and Sale, made between the aforesaid Thomas Sutton of the one part, & the aforesaid George Archbishop of Canterbury, and others of the other part, bearing date the first day of November, in the year of the Reign of the said Lord the King that now is the 9th. abovesaid named, And the aforesaid Richard Sutton, and John Law now Defendants, are one and the same persons, and not others nor divers. And that the aforesaid Thomas Lord Ellesmere, Robert Earl of Salisbury, the Reverend Father Lancelot Bishop of Elie, Thomas Foster, Henry Hobert, John Overal, Henry Thursby, Jeffery Nightingale, Richard Sutton, John Law, and Thomas Brown, in the aforesaid Act of Parliament of the 7th. year abovesaid named, and in the aforesaid Letters Patents of the said Lord the King, and in the aforesaid Indenture of Bargain and Sale, made to George Arch Bishop of Canterby and others, are one and the same persons, and not others nor divers. And that the most Reverend Father in God, George Arch Bishop of Canterbury, Thomas Lord Ellesmere, Robert Earl of Salisbury, John Bishop of London, Lancelot Bishop of Elie, Thomas Foster, Henry Hobart, John Overal, George Mountain, Henry Thursby, Jeffery Nightingale, Richard Sutton, John Law, and Thomas Brown, in the aforesaid Letters Patents of the aforesaid Lord the King mentioned, and in the aforesaid Indenture of Bargain and Sale made, between the aforesaid Thomas Sutton of the one partt, and the aforesaid Reverend Father in God, Gerrge Arch Bishop of Canterby, Thomas Lord Ellesmere, Robert Earl of Salisbury, John Bishop of London, Lancelot Bishop of Elie, Edward Coke, Thomas Foster, Henry Hobart, John Overal, George Mountain, Henry Thursby, Jeffery Nightingale, Richard Sutton, John Law, Thomas Brown, and John Hutton of the other part, are one and the same persons, and not others nor divers. And that all the Manors, Lands, Tenements, and Hereditaments, in the aforesaid Act of Parliament of the 7th. year abovesaid, and in the aforesaid Letters Patents by the aforesaid Lord the King, to the aforesaid Thomas Sutton granted, and in the Indenture aforesaid of Bargain and Sale made, Between the aforesaid Thomas Sutton, and the aforesaid George Arch Bishop of Canterbury, and others, (except the Lands, Tenements, and Hereditaments, called the late dissolved Charter House besides Smithfield, purchased of the aforesaid Thomas Earl of Suffolk) mentioned, are one and the same Manors, Lands, Tenements, and Hereditaments, and not others nor divers. And that the aforesaid Lands, Tenements, and Hereditaments, called the late dissolved  besides Smithfield, in the aforesaid Indenture of Bargain and Sale made, Between the aforesaid Thomas Sutton, and the aforesaid Thomas Earl of Suffolk, and others, bearing date the 9th. day of May, in the year of the Reign of the said Lord the King that now is the 9th. abovesaid, and in the aforesaid Letters Patents of the aforesaid Lord the King, to Thomas Sutton aforesaid, and in the aforesaid Indenture of Bargain and Sale, between the aforesaid Thomas Sutton, and the aforesaid Arch Bishop of Canterbury, and others likewise named, whereof, etc. are one and the same Lands, Tenements, and Hereditaments, and not others nor divers. And that the aforesaid Thomas Sutton, in the aforesaid Act of Parliament of the 7th. year abovesaid named, and in the Writing aforesaid to John Hutton aforesaid made, is one and the same person, and not others nor divers. And that the aforesaid George Mountain, at the time of the making of the aforesaid Letters Patents of the aforesaid Lord the King, was, and now is Dean of the Church collegiat at Westminster, And that the aforesaid George Mountain, in the said Letters Patents of the said Lord the King named, and the aforesaid George Mountain, in the aforesaid Indenture of Bargain and Sale, by the aforesaid Thomas Sutton, to the aforesaid Geo. Arch Bishop of Canterbury, and others, as afore is said made, named, is one and the same person, and not other nor divers. And that the aforesaid John Hutton, in the aforesaid Writing named, and in the aforesaid Indenture of Bargain and Sale, of the aforesaid Tho. Sutton named, is one and the same person, and not other nor divers. But whether upon the whole matter aforesaid, in form aforesaid found, The aforesaid Richard Sutton and John Law, be guilty of the Trespass aforesaid or not, the said Jurors are utterly ignorant. And pray the advice of the Court here, etc. And if upon the whole matter aforesaid, in form aforesaid found, It shall seem to the Court here, That the aforesaid Richard Sutton and John Law, are guilty of the Trespass aforesaid, as the said Simon Baxter against them complaineth, Then they assess the damages of the said John Baxter, by occasion of that Trespass of costs and charges by him about his Suit in his part expended to one penny, and for his costs and charges to 12. pence. And it upon the whole matter aforesaid, by the Jurors aforesaid, in form aforesaid found, It shall seem to the Court here, That the aforesaid Richard Sutton and John Law, are not guilty of the Trespass aforesaid, Then the said Jurors say upon their Oath aforesaid, That the aforesaid Richard Sutton and John Law, are not thereof guilty, as the aforesaid Richard Sutton and John Law above for them have alleged. And because the Court of the Lord the King here is not yet avised of and upon the premises, day thereof is given to the parties before the Lord the King at Westminster, until Wednesday next after 15. days of Easter, to hear their Judgement of & upon the premises, because the Court of the L. the K. here thereof not yet, etc. At which day before the Lord the King at Westm. come the parties aforesaid, by their Attorney's aforesaid, And because the Court of the Lord the King here is not yet avised of giving their Judgement of and upon the premises, day thereof is further further given to the parties aforesaid, before the Lord the King at Westminster, until Friday next after the Morrow of Holy Trinity, to hear their Judgement thereof, because the Court of the Lord the King here thereof not yet, etc. Upon which, The premises by the Court of the Lord the King that now is here seen, and all and singular the premises fully understood, and mature deliberation being thereupon had, For that it seemeth to the Court of the Lord the King that now is here, upon the whole matter aforesaid, in form aforesaid found, That the aforesaid Richard Sutton and John Law, are not guilty of the Trespass aforesaid, as the said Richard Sutton and John Law above for them have alleged; It is granted that the aforesaid Simon Baxter, take nothing by his Bill aforesaid, but for his false clamour thereof be in mercy, etc. And that the aforesaid Richard Sutton and John Law, go thereof without day, etc. And that the aforesaid Richard Sutton and John Law, recover against the aforesaid Simon Baxter 24. pound, for their costs and charges by them about their defence in this part expended, to the said Richard Sutton and John Law, with their assent by the Court of the Lord the King here, according to the form of the Statute in such case late made and provided adjudged; And that the aforesaid Richard Sutton and John Law have Execution thereof, etc.    

WASTE.  

Hillary Term, 340. ELIZABETH, in the COMMON-PLEAS, Rot. 2380. Co. 4. part. Hinds Case, Fol. 68  
ELizabeth Hind, was summoned to Answer to Richard Libb Esquire, of 
Oxon.  a Plea, Wherefore, Whereas of the Common Counsel of the Realm of the Lady the Queen of England, it is provided, That it shall not be law-for any one waste, spoil, or destruction to do in Lands, Houses, Woods or Gardens, to him demised for Term of life or years, The said Eliza. of Lands and Woods in Goring and Whitchurch, which she holdeth for Term of years, of the demise of Robert Garrard, of the aforesaid Richard, of the Assignment of William Haw, who those to the said Robert demised, for the said Term thereof made, to the said Richard did waste, spoil, and destruction, to the dissenherisin of him the said Richard, and against the form of the Provision aforesaid, etc. And whereupon the said Richard, by Thomas Lane his Attorney saith, That whereas the aforesaid William Haw, was seized of a Message called Haw Place, 200. Acres of Land, 10. Acres of Meadow, 100 Acres of Pasture, and 50. Acres of Wood, with the Appurtenances in Goring and Whitchurch aforesaid, in his Demesn as of Fee, And so thereof being seized, the 4th. day of January, in the year of the Reign of the said Lady the Queen that now is the 28th. at Goring aforesaid, By Indenture between the aforesaid William Haw, of Haw Place, in the Parish of Goring, in the County of Oxon. Yeoman of the one part, and the aforesaid Robert Garrard, by the name of Robert Garrard of Hedsor, in the County of Buckingham Gentleman made, One part of which, sealed with the Seal of the aforesaid Robert, the said Richard here in Court brings, whose date is the same day and year, demised to the said Robert, the Tenements aforesaid with the Appurtenances, Except (during the life of Agnes Haw, Mother of the said William) such part of the Message aforesaid parcel of the premises, Orchard and Garden, One Close called Reaves Dean, and one Close called Bell Close, and one Orchard, called the Orchard Pedel, parcel of the premises, which the said Agnes then occupied, and then had, taken, and agreed, to receive for her Dower, of, in, and for the Tenements aforesaid with the Appurtenances, To have, and to hold the said Tenements with the Appurtenances, (except before excepted) to the said Robert and his Assigns, from the Feast of the Birth of our Lord God then last passed, until the end and Term of 16. years, from thence next ensuing, and fully to be complete and ended, By virtue of which Demise, the said Robert in the Tenements aforesaid with the Appurtenances, above in form aforesaid demised, entered and was thereof possessed, and so thereof being possessed, the 20th. day of August, in the year of the Reign of the said Lady the Queen that now is the 29th. at Goring aforesaid, granted all his Estate, Interest, and Term of years, which he had then to come, of and in the aforesaid Tenements with the Appurtenances, above in form aforesaid demised, to the aforesaid Elizabeth Hind, By virtue of which grant, the aforesaid Elizabeth, into the said Tenements with the Appurtenances, above in form aforesaid demised, entered and was thereof possessed, And the aforesaid Elizabeth, being thereof so possessed, and the aforesaid William Haw, of the Reversion thereof in form aforesaid being seized, the said William, the 7th. day of March, in the year of the Reign of the said Lady the Queen that now is the 30th. at Goring aforesaid, By his Indenture of Bargain and Sale, made between him the said William of the the one part, and the aforesaid Richard of the other part, one part of which, sealed with the Seal of the said William, the said Richard here in Court brings, whose Date the is same day and year, and in the Court of the said Lady the Queen of the Bench here at Westminster, in Easter Term, in the year of the Reign of the said Lady the Queen the 30th. abovesaid, before the then Justices of the said Lady the Queen of the Bench here, as the deed of the said William Haw, by him the said William acknowledged, and within 6. Months than next following, that is to say, the same Easter Term, in due manner in the said Court of Record enrolled, according to the form of the Statute in such case made and provided, for and in consideration of 120. pound to the said William, by the said Richard before that time paid, bargained and sold to the said Richard, amongst other things the Reversion aforesaid, To have and to hold to him and his Heirs for ever, By Colour of which Bargain and Sale, and enrolment aforesaid, and by force of a certain Statute made in the Parliament of the Lord Henry late King of England the 8th. holden at Westminster in the County of Middlesex, the 4th. day of February, in the year his Reign the 27th. Of transferring of uses into possession, the aforesaid Richard was and yet is seized of the Reversion aforesaid, in his Demesn as of Fee, And the said Richard so thereof being seized, and the aforesaid Elizabeth of the Tenements aforesaid with the Appurtenances, to her in form aforesaid granted being possessed, The said Elizabeth did waste, spoil, and destruction of the Lands, that is to say, in digging in 10. Acres of Land, in Goring aforesaid, parcel of the Tenements aforesaid to the aforesaid Robert demised, 100 loads of Clay, taking for the price of every load of Clay thereof 8. pence, and cutting down, and selling of the Woods, also in a certain Wood called Heighgrove, containing 10. Acres of Wood, with the Appurte. in Goring aforesaid, and parcel of the Tenements aforesaid with the Appurtenances, to the said Robert above in form aforesaid demised, 20. Oaks, the price of every Oak 5. shillings, through the said whole Wood here and there growing, and in a certain other Wood called the Hedge Row, lying in Goring aforesaid, near the aforesaid Wood called Heighgrove, in Goring aforesaid, parcel of the Tenement aforesaid with the Appurtenances, in form aforesaid, to the aforesaid Robert demised, 40. Oaks, the price of each of them 6. shillings, through the said whole Wood here and theregrowing, and in a certain Coppice, called Home Coppice, in Goring aforesaid, parcel of the aforesaid Tenements with the Appurtenances, to the said Robert in form aforesaid above demised 100 Oaks, price of each of them 10. shillings, in the said Coppice called Home Coppice, late growing here and there, And in 20. Acres of Pasture called the Hanging, in Goring aforesaid lying there, bebetwixt a certain Close called High grove hill, and another Close called Dicker grove hill, that is to say, parcel of the Tenements aforesaid with the Appurtenances, to the aforesaid Robert in form aforesaid demised, 10. Oaks, price of each of them 6. shillings, Six Ashes, price of each of them 5. shillings, and 10. Beech's, price of each of them 6. shillings, in the aforesaid 20. Acres of Pasture likewise, late here and there growing, and in a certain Hedge, of a certain Close called Home field, in Whitchurch aforesaid, that is to say, parcel of the Tenements aforesaid with the Appurtenances, to the aforesaid Robert, in form aforesaid demised, lying near unto a Wood called Hawes Coppice, 3. Oaks, price of each of them 10. shillings, and one Beech, price 10. shillings, and in a certain other Hedge, of the Close aforesaid called Home field, in Whitchurch aforesaid, that is to say, parcel of the Tenements aforesaid, to the aforesaid Robert, in form aforesaid demised, lying near to the aforesaid Wood called Home Coppice, 10. Oaks, price of each of them 20. shillings, and also in suffering the sprouts of the Roots of 20000. other little Oaks, called Oakesciapling, of 20000. Beech's, and 200. Ashes, to the value of 20. pound, in the said Wood called Heigh grove, and 10000 of other little Oaks called Oakesapling, 10000 of Beech's, and 100 of Ashes, to the value of 20. pound, in the aforesaid Wood called the Hedge Row, and 10000 of Oaks, 10000 of Beech's, and 200. of Ashes, in the aforesaid Coppice called Hawe Coppice, by the said Elizabeth through the whole Woods here and there growing, to be cut, and to be eaten and utterly destroyed and wasted with , to the dissenherisin of the said Richard, and against the form of the Provision aforesaid, Whereupon he saith he is the worse, and hath damage to the value of 200. pound, and thereof he bringeth Suit, etc. And the the aforesaid Elizabeth, by Ralph Burges her Attorney, cometh and descendeth the force and injury when, etc. And whatsoever, etc. And saith that the aforesaid Richard his Action against her ought not to have, Because she saith, That well and true it is, That the aforesaid William Haw, was seized of the Tenements aforesaid with the Appurtenances, in his Demesn as of Fee, and being thereof so seized, the aforesaid 4th. day of January, in the year of the Reign of the said Lady the Queen that now is the 29th. abovesaid, By his Indenture, demised to the aforesaid Robert the Tenements aforesaid with the Appurtenances, (except before excepted) To have, and to hold, to him and his Assigns, from the aforesaid Feast of the birth of our Lord then last passed, until the end and Term of the aforesaid 16. years, than next following and fully to be complete and ended. By virtue of which demise, the aforesaid Robert into the Tenements aforesaid with the Appurtenances, above in form aforesaid demised, entered and was thereof possessed, and so thereof being possessed, the aforesaid 20th. day of August abovesaid, granted all his Estate, Interest, and Term of years, which he had then to come, of and in the aforesaid premises, with the Appurtenances, above demised, to the aforesaid Elizabeth Hind, By virtue of which grant, the aforesaid Elizabeth into the aforesaid Tenements with the Appurtenances above demised, entered and wa● thereof possessed, as the aforesaid Rich. by his Declaration above supposeeth: But the said Elizabeth further saith, That the said Elizabeth, of the Tenements aforesaid with the Appurtenances, above demised, in form aforesaid being possessed, and the said William Haw, of the Reversion thereof, being seized in his Demesn as of Fee, after the aforesaid 7th. day of May, in the 30th. year aforesaid, and before the aforesaid Indenture of Bargain and Sale, Between the aforesaid William of the one part, and the aforesaid Richard of the other part made, in the Court of the Lady the Queen of the Bench, in form aforesaid was enrolled, A Fine was levied in the aforesaid Court of the Lady the Queen of the Bench here, that is to say, at WESTMINSTER aforesaid, from the aforesaid day of Easter in 15. days, in the year of her Reign the 30th. abovesaid, before Edmond Anderson, Francis Windham, William Periam, and Francis Rhodes, than Justices of the said Lady the Queen of the Bench, and other of the said Lady the Queen's liege People then there present, Between the aforesaid Richard, by the name of Richard Libb Gentleman Plaintiff, and the aforesaid William Haw, and Ellen his Wise Deforceants, of the Tenements aforesaid, above in form aforesaid demised, amongst other things by the name of One Message, One Cottage, Two Gardens, 70. Acres of Land, One Acre of Meadow, 10. Acres of Pasture, 60. Acres of Wood, and 10. Acres of Furz and Heath, with the Appurtenances in Goring and Whitchurch aforesaid, in Maple Decam in the County aforesaid, whereupon a Covenant was summoned betwixt them in the said Court, that is to say, that the aforesaid Williliam and Ellen, acknowledged the Tenements aforesaid to be the Right of him the said Richard, as those which the said Richard had, of the gift of the aforesaid William and Ellen, and them remised and quit claimed, from them the said William and Ellen and their Heirs, to the aforesaid Richard & his Heirs for ever, And further the said William and Ellen, granted for them, and the Heirs of the said William, that they warrant to the aforesaid Richard and his Heirs, the aforesaid Tenements with the Appurtenances, against all men for ever, as by the said Fine here in Court of Record Remaining more fully appeareth: Which Fine, in form aforesaid had and levied, was to the use of the aforesaid Richard and his Heirs, After which Fine, so as afore is said levied, that is to say, the 20th. day of April, in the year of the Reign of the said Lady the Queen that now is the 30th. aforesaid, the aforesaid Indenture to the aforesaid Richard, as before is said made, before the aforesaid Justices of the said Lady the the Queen of the Bench here was enrolled. And the said Elizabeth further saith, That she to that grant of the Reversion of the Tenements aforesaid with the Appurtenances, above as afore is said demised, by virtue of which Fine aforesaid, the aforesaid Richard did not attorn or agree, And this she is ready to aver, Whereupon she demandeth Judgement, if the aforesaid Richard his Action aforesaid against her ought to have, etc. And the aforesaid Richard saith, That the aforesaid Plea of the aforesaid Elizabeth above in Bar Pleaded, and the matter in the same contained, is insufficient in Law to bar him the said Richard, to have his Action aforesaid against the aforesaid Elizabeth, And that he to that Plea in form aforesaid pleaded needeth not, nor by the Law of the Land is bounden to Answer, And this he is ready to aver, Wherefore for want of a sufficient Plea in Bar in this behalf made, the aforesaid Richard demandeth Judgement, and his damages by the occasion of the Waste aforesaid to be to him adjudged. And the aforesaid Elizabeth, in as much as she hath alleged sufficient matter in Bar, of the Acton aforesaid which she is ready to aver, which matter the aforesaid Richard doth not deny, nor to the same any ways answereth, but to that averment altogether refuseth, demandeth Judgement, and that the aforesaid Richard be barred from having his Action aforesaid against her, etc. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof, day is given to the parties aforesaid, here until from the day of Easter 15. days, to hear their Judgement thereof, because the same Justices here thereof not yet, &.    
FINIS.   

THE TABLE.  

A.  
AButtals of Acres set forth, Folio. 271  
Action upon the Case for turning the Course of a water from a Mill, 1  
Upon Assumpsit, by a Woman Ex●cutrix to pay money; upon forbearance not to molest her, 7  
Act of Parliament special, to erect and found an Hospital 368. with the particulars of a foundation, 368. 369  
Adjornment of an Assize, and for what Cause, 18, 19  
Of Pleas, 18, 22, 161, 232, 257, 337  
Of the Term, 161, 232, 257, 337, 338  
Agreement to pay Rend, if it amount to an Attornment, 271  
Aid, 266  
Administration of goods committed, 72, 73  
Alien born, one born in Scotland since 1 Jac. nor Alien, 10  
Amoveas Manum, 190  
Arrests, upon the Sabbath day, 148  
whereupon Arrest the Sergeant is to show his Mace, etc. 148, 149  
Arbitrament, 25  
Attornment, 271  
Two Joints for life, upon a grant of the Reversion, one attorneth, and good, 354, 355  
Of one Joyntment, is the Attornment of both, 354  
Audita Querela, the form of it, 21  
To discharge the party out of Execution, being taken upon a Capias ut laga●um after judgement, 21, ●2  
Aver●ment, 190, 20●, 213, 217, 226, 266 2●0 ●26  
Of Plea, 10, 24 26  
Where it is Collateral of a thing out of the deed, ●3  
Authority, of the Precedent and ●ensors of the College of Physicians in London, and the extent of it 131  
Where it doth not extend to Doctors of Physic in the Vniverslties, 134, 135  
Avowry, 220, 237, 238, 259, 268  
For Arrearage of a Rend charge, granted by Tenant in tail ●n remainder, 222  
The taking of an Ox for a Heriot, 269  
For Arrearages of Rent, 271   

B.  
BAil, 220, 153  
Bar, 11, 12, 144, 154, 163, 221, 251, 252, 269, 271, 19●, 233, 238, 241, 242, 301, 345  
Fine and Recovery by Tenant in t●il is a Bar of a Rent granted by him in the remainder, 224  
In Avowry, 260  
In Audita Querela, 22  
In Dower, 31, 32, 33  
A grant of the King, a Bar in a Sc●re Facias to repeal Letters P●●ents, 287 288  
In Trespass, 307, 324, 340  
Of Conusance, 252  
Bargain and Sale, 119, 288, 325, 154  
Of Lands to the Queen, 160  
Of Lands to Uses 171, 172  
By Tenant in tail, 170  
Of aterm for years 73  
Of the , and of Lands belonging to it, 372, 373, 374  
Of Deeds, Charters, and Evidences, 374  
Of Lands to the Governors of an Hospital, 390, 391, 392  
Where it shall not relate to avoid a Fine, 398, 399   

C.  
CErtificate, of the Causes of disfranchising a Citizen, or Burgess, and removing him from his place and Office, 274, to 279  
Conditions, to stand to an Award, and Arbitrament, 25  
Not to alien a Term for years, 70  
Where broken, because the thing is not done within convenient time, 161  
Where broken, because the part● hath dissabled himself to perform it, 161  
Not to alien, or discontinue Lands entailed, 311, 312, 313  
Colour 308, 325  
Common Recovery, 244, 312  
The form of pleading it, 41, 59, 320, 86 141  
Uses of it declared by a deed subsequent to the Recovery, 12  
In the Court of Hustings in London, in a Writ of Right Patent, 57, 58  
Where a Bar of an Estate 〈…〉 l, 42, 43  
By Tenant in tail, an 〈…〉 Release with warranty where shall bind the issue in tail, 138, 139, 140, 141, 142  
Upon a Writ of Right Patent, 138  
Suffered by Tenant in tail, 312, 313  
To Uses, 86, 87, 88, 89, 139  
Considerations, 86  
What good to ground an Assumpsit upon, 6, 7  
What good to raise Uses, 39, 40, 102, 308  
Confess and avoid, 215, 223  
Confirmations, 255  
Of the King of a Lease, in consideration of service done, 71  
Consultations, 220  
Plea for it, 215  
Continuances, 5, 18, 36, 50, 62, 78, 91, 96, 105, 120, 121, 144, 161, 173, 174, 179, 208, 227, 236, 249, 257, 264, 270, 299, 314, 322, 328, 336, 344, 355, 356, 357, 358  
Covenants to stand seized to the use of himself in tail, remainder to the Queen, 38, 39, 307  
To levy a Fine, 82, 164, 100, 201  
To stand seized to Uses, 171, 193, 195  
To deliver Evidences, 55  
To free Lands from Encumbrance, 56  
That the Rents shall continue payable to the bargainee and his Heirs, 56  
To make further assurance, 57, 3●9  
To make a Jointure, 99  
To suffer a Recovery to Uses, 318  
That an Estate tail upon an Alienation shall cease, as if Tenant in tail were dead without issue, 311  
To make Leases in Reversion, 350  
Conusance, made by Bailiffs for Arrearages of Rent, 251  
Countermand, Of an Arbitrament, and what words are a good countermand of it, 25, 26  
Count. In Dower, 32  
In a Formedon in Discender, 137  
Costs, le Incrementa, 3, 51, 63, 67, 105, 250, 258, 264, 268, 344, 352   

D.  
DAmages, In an Action upon the Case, 3 5, 8  
Declarations, In an Action upon the Case for diverting a Water course, 1  
In Assumpsit, to pay money upon forbearance not to molest, 7  
In Andita Querela, 22  
In Debt upon an Escape against a Sheriff, 44  
In Debt, 25, 27, 34  
In Ejectione Firm, 51, 69, 77, 82, 92, 52, 97, 106, 121  
In an Action of false Imprisonment, 126  
In an Action for proceeding against the Queen's Prohibition, 214, 215  
In a Replevin, 220, 233, 239, 259, 265 268  
In a second Deliverance, 250, 251, 270  
In Trespass, 306, 316, 324, 329, 339, 345, 352, 360 366  
In Trespass, for disturbing him to execute his Office: Ut & Armis, where good, 361, 362  
In Waste, for cutting down and destroying of Woods, 395, 396  
Defence, 25, 27, 33, 40, 46, 70, 80, 122, 137, 251, 265, 268, 271, 324, 339, 352, 361, 3●6  
Deeds, Of Confirmation of a Rent, 255  
A Deed read to a Man illiterate, in other words than it is, shall not bind him, 343, 344  
Of appointment of a Master and Governor of the Lands of an Hospital, 387  
Debt, 25, 27, Against Executors. For Rent, 37  
Against the Sheriff for an Escape of one in Execution 44  
Departure, 143  
Devises, 30 31  
To Executors to perform his Will, till his Son come of the Age of 21. years, 94  
Upon Condition to perform his Will, with several limitations over to other persons to that purpose, 110, 112, 113  
Of Lands to his Wise, upon Condition to bestow the profits to charitable uses, 158, 159. And she to have the profits during her life, discharging the said uses, 158, 159  
Of Lands to superstitious uses, where void, 107, 108, 109  
Of a Term to Executors, 155  
Of a Term, 2●1  
Of Lands to one for life, the remainder to the next right He●r of Tenant for life, 234  
Disability, 9 And what shall be a good Plea in Disability, 9  
Dies datus, 11. In Assize, 150, 172  
D stringas, 156  
Dower, where not barred by a Release, 31, 32, 33   

E.  
ECclesiastical Court, where they refuse to allow Plea in discharge of Tithes, 214  
Ejectione Firm, 54, 69, 79, 92, 97, 106, 121  
Entry, where congeable, 95  
Where for a forfeiture by Tenant for l●fe a Joyntress, 104  
For a forfeiture by a Devisee, upon Condition for a condition broken, 159  
Escape, ●● here letting a Prisoner at large is escape, 49  
Errors, Upon a Judgement in Debt upon an Escape, 51  
Where assigned, where not, 66  
Assigned for the Queen by her Attorney General, 176, 177, 17●  
Exemplification, Of the Charter of 11. E. 3. Of the Kings grant of the Lutchy of Cornwall, to the Prince, 291 to 297   

F.  
FAlse Imprisonment, 126  
Feoffments, 117, 252, 269, 324, 341  
Upon consideration to make a Jointure to the Wife, 99  
By a Feoffee to use: where it destroyeth contingent ●ses, 331  
To uses, 107, 221, 330, 331. Contingent uses, 333  
Upon Condition to pay a Rent to be void upon tender, 252  
Of a Manor, 27●  
Of a House and Lands where the livery and seisin is not good, nothing passeth, 260, 261, 262, 263  
Fessments, Contingent uses destroyed by feasts, though the Feoffee hath notice of the uses in contingency, 333  
Levied of Lands, after a Bargain and Sale first made thereof (though the deed be afterwards enrolled) shall stand good, 399, 400  
Fines levied, 81, 83, 100, 101, 201, 202, 223, 239, 240, 242, 340  
Of Lands levied to the King, and his Heirs Males of his Body 164  
Upon Condition, 341. till money be paid Of an Advowson, 224  
By Tenant for life, and he in the remainder, where no forfeiture, but a grant of their Estates, 239, 240  
Fine, Where paid for a contempt, 162  
Forfeiture, When by Tenant for life, who comes in a Vouchee upon a common-recovery, 59, 60, 66  
By a Woman Joyntress, upon a Lease made contrary to the Statute of 11. H. 7, cap. 20. 140  
Where Tenant for life, the Tenant in tail, enfeoffees him in the reversion; it is a forfeiture, and devests the remainder, 334  
Formedon, 136   

G.  
GAvel Kind, 189  
Grants,  
Of a Rend charge by Tenant in Tail in th' Remainder, 222  
Of a Rent for life, with clause of distress, 251  
That a Condition, and power to revoke uses shall cease, 328  
Of a Copy hold estate, by a Disseisor not good, 335  
A Grant of Lands to 〈…〉 d his Heirs Habendum: to him and his Heirs for years: the Habendum is void, 349, 350  
Of a Reversion upon a Lease for life to two, and one attornes, 354. Grants of the King, 117, 166, 167, 316, 317,  
Of the Office of a Sergeant at Arms, 390  
Ex gracia speciali certa scientia, & mero motu, 117, 118  
Of a Chantry, 118  
In Fee Farm, 118  
Non Obstantes, in the King's Grants, 118, 119  
Of a Ward and Wardship, 190  
Of the Office of Steward of his Manors and Lands, to an Infant, from his full age for years, 360, 362  
Good from a Day past, 361   

H.  
HAbere Facias seisinam, 246, 321  
Habendum, in a deed of Grant where it shall be void, where not, 349, 350  
Hospital foundation, and erection of it, and giving Lands to it; with all particulars, touching a legal foundation, 376, 377   

I.  
jointure to the Wife, with remainders over, 99, 100  
Indentures, Declaring uses upon recovery, 15  
Of Bargain and Sale of a Message and Lands, 55  
Of uses with Power of Revocation, and to limit new uses, 195, 197  
Of Covenant to suffer a common recovery to uses, 318, 319  
Incorporation, Of Governors of an Hospital, with the particulars incident to such an Incorporation, 377, 378, 379, 380  
Indictments, Of Murder, and the form of it, 144, 145  
Must be certain in all points and circumstances, 146, 149, 150, 151, 152  
Not of the Accessary, before the principal be attainted, 152  
Of Declaration of new uses, or to a power of revocation 200, 201  
Information, Of Intrusion upon the Queen's possession, 153, 162  
Inquisitions, 185  
Intitling the King to seize upon default of executing an Office, 301  
Imparlance, 2, 8, 46, 80, 107, 191, 215, 285, 286, 316, 329  
Issue joined, upon seisin of services, 266  
Judgement, 209  
Where it is Concessum, where Conside ratum est, 3, 5, 8, 20, 63, 97, 101  
In an Action upon the Case, 3, 5, 8  
In an Assize, 20  
In Debt, upon Escape against a Sheriff, 50  
In Ejectione Firm 63, 105  
Given against the Queen, 175, 218,  
Reversed, 184  
In a Replevin, 232, 237, 257, 264  
In Trespass, 315, 323, 339, 352  
Jurisdiction of Courts. In what cases Jurisdiction belongs to the Ecclesiastical Court, in what to the Common-Law, 210, 219  
Suit in Ecclesiastical Court, for not paying a Tax for the Repair of a Church, 219  
Ecclesiastical Judges refuse to allow a plea, 219  
Justification, Where not in an Action of False Imprisonment, 133, 134   

L.  
LEases, 210, 259  
Of Lands with a stock of , 210  
By a Bishop confirmed by the Dean and Charter,  
Of a Rectory Tithes, etc. 70  
Livery and Seisin, where good, where not 264  
Licence Of the King to be absent from executing an Office for a time, 301  
Of the King to found and erect an Hospital,  
London, The Custom there to demise their Lands, 53  
The Custom there for levying of Plaints and the manner of Entry of them, and where, 147, 148   

M.  
MIsnosmer, Of a Borough incorporated, by name Majoris & Burgensium, Burgi de Lynn: And in an Obligation to them made, the word burgess is ommitted, 28  
Monstrans de droit, 185, 301   

O.  
OBligation, Oyer demanded of it, 134  
Office Trove, 166, 186, 187, found by escheator ought to be returned, 177   

P.  
PAtents, and Letters Patents, 123, 167  
Of Incorporation of a Borough, and by what name they shall take, or be sued, 28  
Of the King of concealed Lands what shall pass, 25  
Of Incorporating the College of Physicians in London, 127, 128, 129  
Of Creation of the Prince Duke of Cornwall, and gift of Lands to the Duchy, with a particular of the Lands, 280, 281, 290. to 296  
Of the King, of Licence and the founding and erecting an Hospital, with all the particulars concerning the same, 375, 376, 377  
Plead, Nul tiel record of Capias ut Ligatum, 21, 22  
Non est factum, 27  
Of an Act of Parliament for incorporating a Burough, 28  
Nihil debet, in Debt against a Sheriff upon Escape, 46  
In nullo est erratum, upon a Judgement in Debt against a Sheriff upon an Escape, 50  
Of not guilty in part, 126  
Of a Descent, 137  
Of an Attainder, 165  
Of a Fine, a Recovery in Bar of a Rent, granted by him in the remainder in tail, 224, 225, 226  
Nul tiel, Record of an Act of Parliament no plea, 286, 287, And no plea, against a Charter of the King enrolled, 287, 290  
Of Licence of the King, to absent for a time for the executing of an Office, 301, 302  
Pledges, de prosequend. 5●, 69, 79, 92, 106, 138, 209, 220, 352  
Prescription, in a Watercourse, to a Mill where it extends to a new built Mill, 1  
To be discharged of payment of Tithes, 210  
To be discharged of Taxes, for repair of the Church, 218  
Postea returned, 53, 58  
Prohibition, 209, 217   

Q.  
QUo Minus, 51   

R.  
REatachment granted upon an Assize, 19  
Rents granted for life upon a Fine levied with a Nomine paenae, 102  
Charge granted by Tenant for life, and he in the Remainder for life with warranty, 246  
Releases, 137  
By a Woman Guardian by Nucture of all Action, nec non, of h●r Dower to him in the Reversion, 31, 32  
General where it shall bind & è cour, 36  
Of Errors, 68  
With Warranty, 137  
Of damages recovered, 232  
A Deed of Release read to a Man illiterate in other words, (as a general Release) where it was intended but an Acquittance for Rent only, shall not bind, 343  
Replication, 14, 33, 135, 156, 173  
Replevin, 220, 233, 237, 250, 265, 276  
return of the Sheriff, 23  
Of a Writ of Summons and Attachment in an Assize, 20  
Remainder of a Term, and of the Residue of years, the difference, 72, 73 74  
Revocation of uses of part of the Lands before settled, 198. with power to sell them for payment of Debts, ibid.  
Of letters Patents, and the Lands to be seized into the King's Hands, 285  
Power of Revoking uses, and to limit new uses, 326, 327  
Where a Power of Revocation is extinct, and by what Act extinct, 327   

S.  
SCire Facias, to show why Letters Patents granted by the King should not be repealed, 285  
Sheriffs delivery over of Prisoners to the new Sheriff, 49  
Seisin, Of one service, where it shall be of another, 266, 267  
Of Homage is Seisin of Fealty, 367  
What shall be said to be a good Seisin of services 267, 268  
Of Fealty and Suit where good, of other services, 267  
Statutes of 34. H. 8.  
Of 27. H. 8. of uses, 193. 221, 239, 253, 288, 308 13, 42, 57, 84, 115, 172, 332, 347, 375  
Of 34. H. 8. Cap. 20, 42  
Of 31. E. 3. Of Errors, 63, 64, 65, 175  
Of 1. E. 6. Of Chauntries, 116  
Of 1. Eliz. Of incorporating the College of Physicians in London, 129, 130, and to whom it extends not, 135  
Of 11. H. 7. Cap. 20. 140.  
Of E. 6. of ●ithes 212.  
Of 11. E. 3. Of reation of the Prince Duke of Cornwall, 280  
Of uniting of Lands to the Duchy of Cornwall, 282, 283  
Of 43. Eliz. Of Confirmation of Letters Patents, 289  
Of 1. H. 7. Of Confirmation of the Charter of 11. Ed. 3. of the Duchy of Cornwall. 298  
Of 19 H. 7. Of Attainder of Edward Earl of Warwick, 165  
Of 28. H. 8. A special Act for giving Lands to the King, 169  
Of 31. H. 8. Of Monasteries, 347  
Surrender, Two joints for life; and one surrendreth to him in the Reversion, 354   

T.  
TAles de circumstantibus, 47, 53, 80, 98, 122, 157, 261, 262, 330, 346, 353  
Taxes, Imposed for the repair of a Church. 219  
Tenors, 187, 265, 268, 271, 272,  
By Knight's service, 187  
By Heriot service, 268  
Traverse, 14, 172, 155  
Of Nul tiel Recovered, 156  
Trespass, 306, 315, 323, 315, 329, 339, 345, 352, 356, 366  
New Assignment in 340  
For hindering one to execute his Office; and receive the profits of it, 361   

V.  
VErdict, special in Action upon the Case upon Assumpsit, 5  
Special, 15, 47, 72, 73, 81, ●3, 99, 107, 123, 157, 234, 262, 302, 303, 304, 305, 316, 343, 346, 347, 353, 354, 361, 362, 367  
Uses, Declared by Indenture dat. after the Recovery suffered, 11, 199  
Not raised to the Queen upon a general consideration without averment, 82  
Upon a Fine levied, 82, 83, 84, 103, 239  
Uses contingent, destroyed by a Feoffment, 333, 334  
Contingent, once destroyed, shall never Revive, 334, 335   

W.  
WAste, against an Asignee of Lessee for years for waste done, in cutting down of Woods, 395  
Brought by Barganee of a Reversion, 396  
In cutting down Trees, and the value of the Trees, 397  
Warranty, 81, 83, 242, 239  
Voucher to Warranty, 4  
Where Collateral shall bind the issue in tail, 137, to 141  
Descends upon an Infant, where it shall not bind, 335, 336  
Several Warranties by several persons, 174, 175  
Wills, 203, 235, 236, 94, 107, 157, 3●3  
Declaring what Lands shall be set forth for the Queen 3d. part, and what shall descend to the Heir, 204  
Declaring what Lands shall be for payment of Debts; and what the Wife shall have in recompense of delivering up of her Jointure, 204  
Of Thomas Sutton, founder of the Hospital of  London, 393,  
Withernam, 250, 258  
Writ of Assize of Novel Disseisin. 9  
Writ of Entry Sur Dissin. in the Post, 12  
Writ of Resummons in Assize. 19  
Writ of Exigent, 23  
To the Sheriff to do Execution upon a Judgement, 48  
Of Droit Patent in London, 58  
Writ of Error, and the form of it, 63, 64, 182, 183  
Writ of Formedon, 136, 137  
Writ of Enquiry of Dmaa, es, 249 258  
Of Restitution of a man to the place, and Office of a Burgess, 293    

ERRATA.  
PAge 34. Line 7. read Coo. 2. part, p. l. 2. for whole, r. why, p. 46. l. 26. for be, r. by, p. 52. l. 30. r. neither, etc. p. 52. l. 37. r. Knight, p. 62. l. 19 after Arts add is, p. 67. l. 7. r. reversed, p. 47. l. 47. r. 3d. for 6th. p. 80. l. 25. r. Fenner, p. 82. r. Turbnrvile, r. Melcum, p. 98. l. 10. r. Sarum, p. 156. r. Barham, p. 162. l. 23. r. Alton, p. 186. l. 36. r. Indentd, p. 242. l. 4●. r. Sur.   

The NAMES of the CASES.  

Actions upon the Case.  
LUtterils Case, Pasc. 43. Eliz. B. R. rott. 566. fol. 1.  
Slades' Case, Hill. 38. Eliz. B. R. foe 3.  
William Bains Case, Hill. 8. Jam. rott. 1112. p. 6.   

Assize.  
Calvin's Case, Trin. 6 to Jacobi, p. 9  
Dowmans' Case, M. 26. Eliz. rott. 144. p. 11.   

Audita Querela.  
Doctor Druries' Case, P. 8. Jac. rot. p. 20.   

Debt.  
Vineiors' Case, Tri. 7 me: Jacobi, rott. 2629. p. 24.  
The Case of the Mayor and Burgesses of Lynn, Trin. 10. Jac. rott. 2413. p. 27.  
Mausers Case, Pasc. 26. Eliz. rott. 1608. p. 34.  
Wiseman's Case, Trin. 27. Eliz. C. B. rott. 1354. p. 37.  
Westbies' Case, Hill. 34. Eliz. B. R. rott. 169. p. 44:   

Dower.  
Edward Althams' Case, Tr. 8. Jac. in C. B. p. 30.   

Ejectione Firm.  
Sir William Pelthams' Case, Mich. 31. Eliz. in Sacc. p. 51.  
The Rector of Cheddingtons' Case, M. 39 Eliz. rott. 551.  
Binghams' Case, M. 43. Elz. rott. 144. in B. R. p. 92.  
boraston's Case, Hill. 29. Eliz. rott. 790. B. R. p. 79.  
Sir George Brown's Case, Hill. 36. Eliz. rott. 440. B. R. p. 97.  
adam's and Lambert's Case, Hill. 40. Eliz. rott. 748. B. R. p. 106.  
Arthur Legates Case, Mich. 10. Jac. C. B. p. 121.   

False Imprisonment.  
Doctor bonham's Case, M. 6. Jac. Co. R. p. 126   

Formedon.  
Lincoln College Case, M. 38. Eliz. rot. 82. C. B. p. 126.   

Indictments.  
Mackallies' Case, 8. Jac. at Newgate, p. 154.  
The Lord Sanchars' Case, p. ●49.   

Informations.  
Porter's Case, 34. Eliz. in Sacc. p. 153. The Case of Alton Woods, Tr. 37. Eliz. in Sacc. p. 161.   

Monstrans de Droit.  
Digges Case. Pasc. 40. Eliz. in Cancel. p. 185.   

Prohibition.  
The Bishop of Winchester's Case, Pasc. 38. Eliz. in B. R. rott. 628. p. 209.  
Jefferies Case, M. 32. Eliz. rott. 447. B. R. p. 217.   

Replevin.  
Capulets Case, Mich. 23. Eliz. C. B. rott. 1160. p. 220.  
Archers Case, Tr. 36. Eliz. rott. 1676. C. B. p. 233.  
Bredons' Case, Tr. 38. Eliz. rott. 183. in C. B. p. 237.  
Ann Mayowes Case, Hill. 35. Eliz. rott. 469. B. R. p. 250.  
Bettisworths' Case, Pasc. 36, Eliz. rott. 731. C. B. p. 258.  
Bevils' Case, Nick. 28. Eliz. rott. 1739. p. 265.  
John Talbots Case, Tr. 7 Jac. rott. 3661. C. B. p. 268.  
Henry Coneys Case, Tr. 6ᵒ Jac. rott. 1611. C. B. p. 270.   

Restitution.  
James Baggs Case, Trin. 12. Jac. rot. 22. B. R. p. 273.   

Scire Facias.  
The Prince's Case, Hill. 3. Jac. p. 820.  
Mark Steward's Case, Pasc. 21. Eliz. p. 300.   

Trespass.  
Corbets Case, Hill. 41. Eliz. rott. 1049. C. B. p. 306.  
Shellyes Case, Pasc. 21. Eliz. rot. 58. B. R. p. 315.  
Albanies' Case, Mich. 28. Eliz. B. R. rott. 58. p. 323.  
Chudleighs Case, Hill. 31. Eliz. B. R. p. 329.  
Through goods Case, Trin. 24. Eliz. rott. 928. p. 339.  
Baldwins Case, Pasc. 31. Eliz. rott. 115. p. 345.  
Tookers' Case, Mich. 37 Eliz. rott. 136. B. R. p. 359.  
The Earl of Shrewesburies' Case, rott. 2612. p. 356.  
The Case of Suttons Hospital, Mich. 10. Jac. rott. 574.   

Waste.  
Hinds Case, Tr. 34. Eliz. rott. 2380. p. 395.   
FINIS