Easter Term, Anno 43. in the Kings Bench, Rott. 569. 1 Lutterels Case, Co. 4. part. fol. 84. b.

MEmorandum, That at another time, That is to say, Somer. ss. in the Term of St. Michael last past, 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, &c. of a Plea of Trespasse upon the Case: And are Pledges of suit, John Doo, and Richa [...]d Roo, which Bill followes in these Words: ss. Somerset. ss. Edward Cottell, Gent. complaneth of George Lutterell, Esq. Robert Norcome, and John Quick, in the Custody of the Marshall of the Marshalsey of the said Lady the Queen, before the Queen being, for that, viz. That whereas the said Edward, the 4 ^th. day of May in the 41 ^th. year of the Reign of the said Lady Elizabeth, now Queen of England, and before, he was seized of and in Two antient 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 4 ^th. 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 4 ^th. 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 neer 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 neer adjoyning 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 28 ^th. 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 20 ^th. 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 [Page 2] 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, untill the 10 ^th. day of September then next following did run: By pretence of which, The said Edward, after the building of the said Two Corn Mills, until the said 10 ^th. 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 ought and used to run, from his antient and used course, That is to say, in the said Sreet, commonly called the West-street, in Dunster aforesaid, did di­vert and withdraw, wherby 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 Sute. And now at this day, that is to say, Wednesday next after 15. dayes of Easter this Term, until which day the said George, Robert, and John, had licence to imparl, and then to answer, &c. 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, &c. And say, that they are thereof no wayes guil­ty, And of this put themselves upon the Country; And the said Edward likewise, &c. Wherefore, a Jury was to come before the said Lady the Queen at Westminster, upon Thursday, in 15. dayes of the Holy Trinity, and who neither, &c. And because as well, &c. The same day is given to the parties aforesaid, here, &c. 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 Fryday next after 8. dayes 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, &c. shall come for default of Jurors, &c. 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, &c. 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 [Page 3] the Queens 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, &c. 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 conteined, Say, upon their Oathe, 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 sute in his part expended set to 40. s. and for Charges and Costs of sute 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 Iohn, in mercy, &c.

Hillary Term, 38. Eliz. Anno 305. in the Kings 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 past, before the Lady the Queen at Westminster, came John Slade, by Nicholas VVeare 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, &c. Of a Plea of Trespas upon the Case: And are Pledges of sute, John Doo, and Richard Roo, which Bill fol­loweth in these Words: ss. Devon. ss. John Slade complaineth of Humphrey Morley, in the Custody of the Marshal of the Marshalsey of the Lady the Queen, before the Queen her self being, for that, that is to say, That whereas the said John, the 10 ^th. day of November, in the year of the Reign of the said Lady Elizabeth, now Queen of England the 36 ^th. 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 10 ^th. day of No­vember, in the 36 ^th. 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 8 ^th. day of May, in the year of the Reign of the said Lady the Queen, that now is, the 37 ^th. were grown into ears. The said Humphrey, the aforesaid 8 ^th. day of [Page 4] May in the sayd 37. aforesaid, The said Wheat and Rye in ears upon the Close aforesayd (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 Humphry had bargained and sold unto the said Humphry to the use and behoof of the said Humphry, All the eares 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 Humphry sixteen pounds of lawful Mony of England, to the aforesaid John, in the Feast of St. John the Baptist, then next following, would well and truly content and pay: Yet the said Humphery, his assumption and promise aforesaid little regarding, but en­deavouring and intending the said John of the aforesaid 16. l. in that part subtilly 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 Humphry 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 sute, &c. 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 Humphry had license to im­parl to the Bill aforesaid, and then to answer, &c. before the Lady the Queen at Westminster, cometh▪ well the said John by his Attorny afore­said, as the said Humphery by John Halstaff his Attorny; and he the said Humphry doth defend the force and Injury when, &c. And saith, That he did not take upon him in manner and form, as the said John Slade hath compl [...]ined against him; And upon that putteth himself upon the Country; and the said John Slade likewise, &c. Therefore a Jury was to come before the said Lady the Queen at Westminster, upon Thursday next after 8. dayes of the Purification of the blessed Mary, &c. and who neither, &c. And because as well, &c. The same day is given to the parties aforesaid there, &c. 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, untill Wednesday next after the fifteenth day of Easter the next, &c. following, Unless the Justices of the Lady the Queen to take Assises, first upon Monday the se­cond Week of Lent, at the Castle at Exeter, in the County aforesaid, by the form of the Satute, &c. shall come, for default of Jurors, &c. At which Wednesday, before the Lady the Queen at Westminster aforesaid, came the parties aforesaid, by their Attornies aforesaid, And the before said Justices of Assizes, before whom, &c. 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 sel, Justices o [...] the said Lady the Queen assigned to take Assizes in the County a o [...]oesaid, by form of the Statute, &c. come as well he was named John Slade by Tho­mas [Page 5] Clayton his Attorny, as the within written Humphry Morley by Henry Collier his Attorny, 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 Humphry Morley did buy of the said John Slade the within written Wheat and Rye, in eares upon the within written Close (as is said before) growing being, for 16. pound of good and lawful mony of England, To be paid to the said Iohn Slade in the Feast of St. Iohn the Bap­tist, then 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 Iohn Slade, and the said Humphry 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 Humphry 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, &c. 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 Humphry 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 Humphry Morley, did take upon him in manner and form, as the aforesaid Iohn Slade within against him complaineth; And then they do assesse the damages of the said Iohn 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 sute 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 Humphry 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 Humphry did not take upon him in manner and form, as the said Humphry 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. dayes 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, &c. And so from Term to Term, untill Saturday next after 8. dayes of St. Michael to hear their judgement of and upon the premises: Because the Court of the Lady the Queen, here not yet, &c. 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 Humphry 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 Humphry Morley, his damages and costs aforesaid, by the Jurors aforesaid, in form aforesaid assessed: As also Nine pounds for his [Page 6] 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 Humphry Morley in mercy, &c.

Hillary Term. 8. Jacobi, Rott. 1112. William Banes Case, C. 9. part fol. 91. a.

M [...]morandum, That at another time, that is to say, In the Term of St. Michael last past, before the King at Westminster, cometh Willi­am Banes, by Thomas Ferrer his Attorny, and brought here in the Court before the said Lord the King that now is, his Bill against Edward Paine, and Mary his Wife, in the Custody of the Marshal, of a Plea of Trespass upon the Case, And are Pledges of Sute, that is to say, John Doo, and Richard Roo, Which Bill followeth in these words. ss. Willam Banes complaineth of Edward Paine, and Mary his Wife, in the Custody of the Marshall of the Marshalsey 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 6 ^th. 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 summs of Mony to him the said William Havert by the aforesaid William Banes, give to loan and lent; And so being endebted, the said William Havert afterwards, that is to say, the 6 ^th. day of April, in the year of the Reign of the Lord the King that now is of England, the 7 ^th. 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 dyed; Af­ter whose death, the said Mary took opon her the burthen 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, scituate and being in Morefield, that is to say, in the Parish of St. Leonard in Shordich, 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 a [...]oresaid William Havert her Husband deceased had not paid,) the said Mary whilest she was single, afterwards, that is to say, 25 ^th. day of June, in the year of the Reign of the said Lord the King that now is of Engl. the 7 ^th. aforesaid, At London [Page 7] 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 then 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, then next following the promise aforesaid, in the 7 ^th. 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 10 ^th. day of November, in the 4 ^th year aforesaid, at London aforesaid, in the Parish and Ward aforesaid, the said Mary took to Husband the aforesaid Edward Paine: Yet the aforesaid Mary, whilest she was single, or the said Edward and Mary after the Mariage between them solemnized, the undertaking & promise of the said Mary whilest she was single little regarding, but threating, and fraudulently intending the said William Banes, of the aforesaid 77. pounds, craftily and subtil­ly to deceive, and defraud of the said 77. pounds, nor the said Mary, whilest she her self 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 7 ^th. 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 Mariage 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 wayes 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 whilest she was single, and the said Edward and Mary after the Mariage 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 8 ^th. at London aforesaid, in the Parish and Ward aforesaid, often were required. [Page 8] 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 sute, &c. And now, at this day, that is to say, Wednesday next after 8. dayes of St. Hillary this same Term, untill which day the said Edward and Mary had License to the Bill aforesaid to imparl, and then to Answer, &c. before the Lord the King at. VVestminster, cometh as well the aforesaid VVilliam Banes by his Attorney aforesaid, as the said Edward and Mary by Isham No­vell their Attorney; and the said Edward and Mary, defend the force and injury when, &c. And say, That the said Mary did not take upon her in manner and form, as the aforesaid VVilliam Banes above against them hath declared, And of this put themselves upon the Countrey, and the aforesaid VVilliam Banes likewise, &c.

Therefore a Jury thereof was to come before the Lord the King at West­minster, upon Monday next after 15. dayes of St. Hillary; and who nei­ther, &c. Because as well, &c. The same day is given to the parties afore­said here, &c. Afterwards the Prosess 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 untill Tuesday next, after 8. dayes of the Purification of the blessed Lady then next following, unlesse 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. dayes of Purification of the bles­sed Lady, at the Guild-hall London, by form of the Statute, &c. cometh, for default of Jurours, &c. 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, &c. Sent here, his Record before him had in these words. Afterwards, the day, and place with­in conteined 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 Paine, 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 conteined, elected, tryed, 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 assesse the damages of the said William, by occasion of not performing the promise, and undertakings within written, besides the Charges and Costs by him about his sute 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 Paine, 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 encrease adjudged. Which damages in [Page 9] the whole, do amount to 88. pound; and the said Edward Paine, and Ma­ry his wife in mercy, &c.

Trinity Term, A ^o 6 ^to. of King James, Calvins Case, Co. 7. part. Fol. 1. a.

Robert Calvin Gent. hath complained to us, That Richard Smith, and Ni­cholas Smith unjustly, and without Judgement, have disseized him of his Freehold in Haggord, otherwise Haggerston, otherwise Aggerston, in the Pa­rish of St. Leonard in Shorditch, within 30. years now last past, and there­fore we command you, That if the said Robert shall secure you to prose­cute his claim, Then that you cause the said Tenement, to be reseised of the Chattels, which within it were taken, and the said Tenement with the Chattels, to be in Peace untill Thursday next after 15. dayes of Saint Martin next coming; and in the mean time, cause 12. free and legall men of that venew, to see the said Tenement, and the names of them to be unbrevicted, and summon them by good summonors, that they be before us where ever we be in England, ready thereof to make Recognition, and put by suerties, and pledges, the aforesaid Richard, and Nicholas, that then they be there, to hear the Recognition, and have there the summons, the names of the Pledges, and this Writ,

THe Assise cometh to Recognize, If Richard Smith, and Nicholas Smith unjustly and without Judgement, did disseise Robert Calvin Gent. of his Freehold in Haggard, otherwise Haggerston, otherwise Aggerston, in the Parish of St. Leonard in Shorditch, within 30. years now last past: And whereupon, The said Robert, who is within the age of 21. years, by John Parkinson, and William Parkinson his Guardians, which the Court of the said King hereto this have joyntly, and severally, specially are admitted, Complaineth, That they disseised him of the Messuage with the Appur­tenances, &c. And the said Richard, and Nicholas, by William Edwards their Attorney, come, and say, That the said Robert, ought not to be An­swered to his Writ aforesaid, because they say, That the said Robert is an Alien born, the 4 ^th. day of November, in the Reign of the King that now is, of England, France, and Ireland the third, and of Scotland the 34 ^th. At Edenborough within his Kingdom of Scotland aforesaid, and within the Alleagiance of the said Lord the King, of the said Kingdom of Scotland, [Page 10] and without the Alleagiance of the said Lord the King, of his Kingdom of England; and at the time of the birth of the said Robert Calvin, and long before, and continually after the aforesaid Kingdom of Scotland, by the proper Rights, Laws, and Statutes of the same Kingdom, and not by the Rights, Laws, and Statutes of this Kingdom of England, was Ruled and Governed, and yet is. And this he is ready to aver, and thereupon prayeth Judgement, If the said Robert, to his said Writ aforesaid, ought to be answered, &c. And the aforesaid Robert Calvin saith, That the a­foresaid Plea, by the aforesaid Richard, and Nicholas above pleaded, is in sufficient in Law, to him the said Robert to Answer, and to Barre him to have his Writ aforesaid; & that the said Robert, to the said Plea in manner and form pleaded needeth not, nor by the Law of the Land is holden to Answer, and this he is ready to aver, & hereof prayeth Judgement; and that the said Kichard, and Nicholas, to the aforesaid Writ of the said Ro­bert do Answer. And the said Richard, and Nicholas, for as much as they sufficient in matter in Law to him the said Robert to Answer, have to his Writ aforesaid in Barr above have alleged, which they are ready to aver which matter, the aforesaid Robert doth not gainsay, nor to the same doth in any ways Answer, but the said Averment altogether to admit, refuseth as at first, demandeth Judgement, if the aforesaid Robert to his Writ afore­said ought to be admitted, &c. And because, the Court of the Lord the King, here are not yet avised of giving her Judgement of and upon the premises, day thereof is given to the parties aforesaid, before the Lord the King at Westminster untill Monday next, after 8. dayes of St. Hillary, to hear there Judgement thereof, because the Court of the Lord the King here thereof are not yet, &c. And the Assise aforesaid, remain to be taken be­fore the said Lord the King, untill the same Monday there, &c. And the Sheriff to distrein the Recognitors of the Assise aforesaid: And be­fore to make view, &c. At which day, before the Lord the King at West­minster, cometh as well the aforesaid Robert Calvin by his Guardians a­foresaid, as the aforesaid Richard Smith, and Nicholas Smith by their Attor­ney aforesaid, and because, the Court of the Lord the King hereof giving their Judgement of, and upon the premises is not yet avised, day hereof is given to the parties aforesaid before the Lord the King at VVestminster, untill Monday next, the morrow of the Assension of our Lord, to hear their Judgement, because the Court of the Lord the King here are not yet, &c. And the Assise aforesaid, remain further to be taken, until the same Monday there, &c. At which day before the Lord the King at VVestminster, cometh as well the aforesaid Robert Calvin by his Guardians aforesaid, as the aforesaid Richard Smith, and Nicholas Smith by their At­torney aforesaid, &c. And because the Court, &c. Upon which Seen, and by the Court of the Lord the King, here all and singular the pre­premises fully understood, and diligently looked into and examined, and mature deliberation hereof being had, because it seemeth to the Court of the Lord the King that now is here, that the Plea aforesaid, of the said Richard Smith, and Nicholas Smith above pleaded, is not sufficient in Law, to the aforesaid Robert Calvin, to have Answer to his Writ afore­said to Barr, Therefore it is considered, by the Court of the Lord the King that now is here, That the aforesaid Richard Smith, and Nicholas Smith, to the Writ of the said Robert further Answer, &c.

Michael 25. and 26. of Queen Elizabeth. Rott. 144. Assise. Dowmans Case, C. 9 ^th. part. Fol. 1. a.

THe Assise came to Recognise if Edward Vavasor Esquire, George Vavasor Gent. Richard Coats, John Lawson, William Musgrave, Robert Thissylwood, and Robert VVard unjustly, &c. Disseised Thomas Dowman Esq. and Elizabeth his wife, of their Freehold in Spaldington, VVillitoft, and Southcate, within 30. years now last past, &c. And whereupon, the said Thomas, and Elizabeth, by Henry Cressey, Their Attorney complain, That they disseised them of 6. Messuages, 300. Acres of Land, 100. Acres of Meadow, and 200. Acres of pasture with their appurtenances, &c. And the aforesaid Edward, George, Richard, John, Robort Thyssylwood, and Robert VVard by Edward Latimer, their Attorney come, &c. And upon this, for certain causes to the Justices here specialty moving, day is given before the same Justices, to the aforesaid Edward, George, Richard, John, Will, Robert, and Robert to plead here untill Tuesday next following, &c. The same day is given to the aforesaid Thomas and Elizabeth here, &c. At which day come, as well the aforesaid Thomas and Elizabeth, as the aforesaid Ed­ward, George, Richard, John, VVilliam, Robert, and Robert, by their Attorneys aforesaid: And upon this, and certain causes to the Justices here sperially moving, The Assise aforesaid, is farther adjorned before the same Justices, unto the Justices Inne, in Chancery Lane London, untill the morrow of Saint Martin next comming, at which day, at the aforesaid Inne of the Justices, before the aforesaid Justices, come as well the aforesaid Thomas, and Eli­zabeth, as the aforesaid Edward, George, Richard, John, VVilliam, Robert, and Robert by their Attorneys aforesaid, and upon this, the aforesaid George, Richard, John, VVilliam, Robert, and Robert say, that they have nothing in the aforesaid Tenements, with the appurtenances in the view of the Re­cognitors of the Assise aforesaid put, and in the plaint aforesaid specified, nor had at the day of the Original Writ of Assise aforesaid brought, nor ever after, nor any injury, nor disseisin to the aforesaid Thomas, and Eliza­beth thereof did: and of this they put themselves upon the Assise; and the aforesaid Thomas, and Elizabeth likewise, &c. Therefore let the As­sise be taken between them, &c. And the aforesaid Edward, defend and Tenement of the Freehold of the Tenements aforesaid, with the appur­tenances in view of the Recognitors of the Assise aforesaid put, and in the plaint abovesaid specified; he saith, That the Assise thereof between him the said Edward, and the aforesaid Thomas, and Elizabeth, ought not to be, because he saith, That one Peter Vavasor Esquire, was seised of the aforesaid Tenements with the appurtenances, in the view of the Recog­nitors of the Assise aforesaid put, and in the plaint aforesaid specified, a­mongst other things in his demesn as of Fee; and he hereof so being sei­sed, One Andrew VVindsor Esquire, VVilliam Vavasor, Peter Vavasor the youn­ger, and John Laundree Gent. at another time, That is to say, The second day of January, in the year of the Reign of the said Lady the Queen that now is, the 15 ^th. out of the Court of Chancery of the said Lady the Queen, the said Court of Chancery then being at VVestminster in the County of [Page 12] Middlesex, sued forth a certain Writ of the said Lady the Queen of En­try upon Disseisin in the Post, against the aforesaid Peter Vavasor Esquire, of the aforesaid Tenements with the appurtenances, in the view of the Recognitors of the Assise aforesaid put, and in the plaint aforesaid speci­fied, with the appurtenances, amongst other, the same Peter Vavasor Esq. then being Tenant of the Freehold, of the Tenements aforesaid with the appurtenances, to the then Sheriffe of the County of York directed, (and so plead a Common Recovery) which Recovery in form aforesaid had, was had, and was to the use of the aforesaid Peter Vavasor, for the Term of his nataral life, without impeachment of any wast, and after his de­cease, then to the use of the Eldest Son, lawfully begotten of the said Peter Vavasor Esq. and the Heirs Males of the body of the same Eldest Son law­fully begotten. And for default of such issue male of the body of the same Eldest Son, then to the use of the second Son, of the body of the afore­said Peter Vavasor Esquire lawfully begotten, and the heirs males of the body of the same second Son lawfully begotten, (and so unto the 9 ^th. Son,) and for default of such issue male of the body of the said 9 ^th. Son, Then to the use of the said Edward Vavasor now deceased Brother of the said Peter Vavasor Esquire, for the Term of his natural life, without impeachment of any wast; & after his decease, then to the use of the El­dest Son law [...]ully begotten: & for default of such issue male of the body of such eldest son, then to the use of the second Son, of the body of the said Edward lawfully begotten, & the heirs males of the body of the aforesaid second Son lawfully begotten. (And so to the 9 ^th. Son of the said Edward) and for want of such issue male of the body of the said 9 ^th. Son, Then to the use of George Vavasor, another Brother of the aforesaid Peter Vavasor Esquire, for the Term of his natural life, without impeachment of any wast, and after his decease, then to the use of the Eldest Son lawfully be­gotten of the body of the said George, and the Heirs males of the body of the same Eldest Son lawfully begotten; and for default of such issue male of the body of such Eldest Son, then to the use of the second Son, of the body of the aforesaid George lawfully begotten, and the heirs males of the body of the same second Son lawfully begotten, (and so to the 9 ^th. Son of the said George,) and for default of such issue male of the body of the said 9 ^th. Son, Then to the use of one Ra. Vavasor, another Brother of the said Peter Vavasor, for the Term of his natural life, without impeachment of a­ny wast, and 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 9 ^th. Son of the aforesaid Ralph) and for default of such issue male, of the body of the said 9 ^th. Son, Then to the use of one Marmaduke Vavasor, another of the Brothers of the aforesaid Peter Vavasor, for the Term of his natural life, without impeachment of any wast, and after his decease, Then to the use of the Eldest Son, lawfully begotten of the body of the aforesaid Marmaduke, and the heirs males of the body of such Eldest Son lawfully begotten; and for default of such issue male, of the body of the same Eldest Son, Then to the use of the second Son of the [Page 13] 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 9 ^th. Son of the said Marmaduke;) And for default of such issue male of the body of the same 9 ^th. Son, Then to the use of one Robert Vavasor, ano­ther Brother of the aforesaid Peter Vavasor, for the Term of his natural life, without impeachment of any wast, and after his decease, then to the use of the Eldest Son lawfully begotten of the body of the said Robert Vavasor, and the heirs males of the body of the same Eldest Son lawfully begot­ten, and for default of 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 9 ^th. Son of the said Robert;) and for default of such issue male of the 9 ^th. Son, Then to the use of Thomas Vavasor, ano­ther Brother of the said Peter Vavasor Esquire, for the Term of his natural life, without impeachment of any wast, and after his decease, Then to the use of the Elest Son of the body of the aforesaid Thomas Vavasor, law­fully begotten, and the heirs males of the body of the said Eldest Son, lawfully begotten; and for default of such issue male, of the body of the same Eldest Son, Then to the use of the second Son, of the aforesaid Tho­mas Vavasor lawfully begotten; and the heirs males of the body of the same second Son lawfully begotten; (And so to the 9 ^th. Son of the afore­said Thomas;) And for default of such issue male, of the body of such 9 ^th. Son, Then to the use of Richard Vavasor, another Brother of the said pe­ter Vavasor, for the Term of his natural life, without impeachment of any wast, and after his decease, Then to the use of the Eldest Son, of the bo­dy of the said Richard Vavasor lawfully begotten, and the heirs males of the body of the same Eldest Son lawfully begotten; and for default of such issue male, of the body of the same Eldest Son lawfully begotten, Then to the use of the second Son, of the body of the said Richard law­fully begotten, (and so to the 9 ^th. Son of the aforesaid Richard;) and for default of such issue male of the body of the said 9 ^th. Son, Then to the use of the heirs males, of the body of Peter Vavasor of Spaldington Knight lawfully begotten; and for default of such issue male, Then to the use of the right heirs of the said Richard Vavasor for ever. By vertue of which Recovery, and seisin in manner and form aforesaid had, and by fo [...]ce of a certain Act of Parliament of the Lord Henry, late King of England the 8 ^th. the 4 ^th. day of February, in the year of his Reign the 27 ^th. of Trans­ferring of uses into possession, at Westminster, in the County of Middlesex holden, made, The aforesaid Peter Vavasor Esquire, was seised of the a­foresaid Tenements, with the appurtenances, in the view of the Recog­nitors of the Assise aforesaid put in his demesn as of Freehold for the Term of his life, without impeachment of any wast, the remainder there­of after his decease farther as abovesaid expectant; and the said Peter so thereof being seised, the said Peter at Spaldington aforesaid, dyed without any issue male of his body lawfully begotten; after whose decease, the said Edward into the aforesaid Tenements, with their appurtenances, in the view of the Recognitors of the Assise aforesaid put, and in complaint aforesaid specified (amongst other) as in his Remainder thereof, entred, and was, and yet is seised, in his demesn, as of Freehold for the Term of his life, without impeachment of any wast. And the aforesaid Thomas [Page 14] Dowman and Elizabeth claiming, &c. And gave colour to the party.) And the aforesaid Thomas Dowman, and Elizabeth, as to the aforesaid Plea of the said Edward, above in Barr of the Assise aforesaid pleaded, Say, That they for any thing in the said Plea before alleged, from the Assise a­foresaid, of the Tenements aforesaid with the appurtenances, to have, ought not to be Barred, because they say, That well and true it is, That the aforesaid Peter Vavasor Esquire, was seised of the Tenements aforesaid with the appurtenances, in his demesn as of Fee; and he the said Peter being so thereof seised, The aforesaid Recovery of the Tenements afore­said with the appurtenances, was had by the aforesaid Andrew Windsor, VVilliam Vavasor, Peter Vavasor the younger, and John Laundree against the aforesaid, Peter Vavasor Esquire, in manner and form, as the said Edward a­bove hath alleged; But the said Thomas Dowman, and Elizabeth farther say, That the Recovery aforesaid, in form aforesaid by the aforesaid An­drew, William Vavasor, Peter Vavasor the younger, and John Laundree, against the aforesaid Peter Vavasor Esquire of the Tenements aforesaid, with the appurtenances in form aforesaid had, and the seisin of the Tenements a­foresaid, with the appurtenances thereupon in form aforesaid had, were to the only use and behoof of the aforesaid Perer Vavasor Esquire, and his heirs for ever. By colour whereof, and by force of the aforesaid Act of transferring of Acts in possession, &c. The aforesaid Peter Vavasor Esq. was seised of the Tenements aforesaid, with the appurtenances in his de­mesn as of Fee, and so thereof being seised, The said Peter Vavasor, Esq. at Spaldington aforesaid, of such his estate dyed hereof seised, without issue of his body lawfully begotten. After whose death, the said Tene­ments, with the appurtenances discended to the said Elizabeth then be­ing the wife of the said Thomas Dowman, as Sister and heir of the aforesaid Peter Vavasor Esq. By which, the said Thomas Dowman, and Elizabeth in the said Tenements with the appurtenances entred, and were thereof sei­sed in their demesn as of Fee, in the Right of the said Elizabeth, untill the aforesaid Edward Vavasor, and the aforesaid George, Richard, John Low­son, William Musgrave, Robert Thisylwood, and Robert Ward, them the said Thomas Dowman, and Elizabeth thereof unjustly, and without Judgement did disseise, as they above against them complain'd, without that that the aforesaid Recovery of the Tenements aforesaid, with the appurtenances by the aforesaid Andrew Windsor, William Vavasor, Peter Vavasor the youn­ger, and John Laundree against the aforesaid Peter Vavasor Esquire in form aforesaid had, was to the uses in the Barr of the said Edward above speci­fied, as, &c. And thereupon the parties are at issue.) And the Jurours say upon their Oath, That the aforesaid Peter Vavasor Esquire, was seised of the Tenements aforesaid in their view put, and in the plaint aforesaid specified with the appurtenances in his demesn as of Fee, and he the said Peter being thereof so seised, the aforesaid Recovery was had, by the a­foresaid Andrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundree in form aforesaid, as the aforesaid Edward above in pleading hath alleged; and further the Recognitors of the Assise aforesaid, say up­pon their Oath. That a certain Indenture was made between the afore­said Peter Vavasor Esq. of the one party, and the aforesaid Addrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundree of the other party, bearing date the first day of February in the 15 ^th. year abovesaid, The Tenor of which Indenture follows in these words.

THis Indenture made the first day of February in the 15 ^th year of the Raign of our Soveraign Lady Elizab. by the grace of God Queen of England, France, & Ireland, Defender of the Faith, &c. Between Peter Vavasor of the Midle Temple in London Esq. of the one party, And Andrew Windsor of the same house, Esquire, William Vavsor of Linton in the County of York Gent. Peter Vavasor the younger of Spallington in the County of York Gent. and John Laundere of Staple Inn near London Gent. on the other party, witnesseth that it is Covenanted, concluded, condescended, declared and fully agreed, betwixt the said parties, and either of the said parties for him and his Heirs, and their Executors and Administrators, do Cove­nant, condescend, declare and agree by these presents to and with the other, his and their Heirs, Executors and Administrators, in manner and form following. That is to say, Whereas the said Andrew, Peter, William and John, have this present Term of Saint Hillary recovered to them and to their Heirs for ever, by writ of Entry of disseisin in the Post had, and prosecuted against the said Peter Vavasor Esquire before Sir James Dyer Kt. Richard Harper, Roger Manwood, and Robert Mounson Ju­stices of our said Lady the Queens Majesty, of her Court of Common Pleas at Westminster according to the usuall Order and form of Com­mon recoveries heretofore used, The mannor of Spaldington, with the appurtenances, and diverse other Lands, Tenements, and Hereditaments siituating and being in the Towns, Parishes, Hamlets, and Fields of Spaldington, Willytost, Cripthorpe, Bubarch, Brighton, Southcave and Rep­lingham, in the said County of York at the time of the said recovery had, being the Inheritance of the said Peter Vavasor Esquire, other than such Messuages, Lands Tenements, and Hereditaments, as the said Peter Va­vasor Esquire lately purchased of one Henry Johnson Esquire, by the names of the Mannor of Spaldington, 40 Messuages, 30 Tofts, 30 Gardens, 3 Dovehouses, 1 Windmill, 2000 Acres Land, 500 Acers of Meadow, 2000 Acres of Pasture, 500 Acres of Wood, 2000 Acres of Moor, with the ap­purtenances in Spaldington, Bubarch, Brighton, Willitost, Gripthorp, South­cave and Replingham: That the intent and true meanning of all the said parties now is and at the time of the said Recoverie so had and suffered was, That the said Andrew, William, Peter the younger, and John and their Heirs, and his Heirs, or every of them immediately from and after the said Recoverie so had and executed, should and shall stand and be seised of the said Mannor and of all other the Lands, Tenements, & Heredita­ments in the said Recovery meant and intended to be comprised, that is to say, of and in the said Mannor of Spaldington with the appurtenances, and also of and in the Messuages, Tofts, Gardens, Lands, Tenements, and Hereditaments, with the appurtenances in Spaldington, Willytost, Grip­thorp, Bubarch, Brighton, Southcave, and Replingham, at the time of the said Recoverie had, being the Inheritance of the said Peter Vavasor, the Lands, Tenements, Hereditaments, lately purchased by the said Peteer Vavasor of Henry Johnson only excepted as is aforesaid, To the only uses, intents, hereafter by these presents set forth and declared, and to none o­ther uses intents or purposes, That is to say, To the use of the said Peter Va­vasor Esquire, for term of his natural life, without impeachment of any manner of wast, & after the decease of the said Peter Vavasar Esquire, then to the use and behoof of the eldest Son lawfully begotten of the said Pe­ter [Page 16] Vavasor of the Heirs males of the Body of the said Eldest Son Law­fully begotten: And for default of such Issue male of the bodie of such eldest Son, to the use of the second Son of the body of the said Peter Va­vasor Lawfully begotten, and the Heirs males of the body of the said second Son Lawfully begotten, &c. (And so to the 9th Son of the said Peter) and for default of such Issue male of the body of such 9th Son, To the use of Edward Vavasor Brother of the said Peter Vavasor Esquire, for the term of his natural life, without impeachment of any wast, and after his decease, to the use of the eldest Son Lawfully begotten of the Body of the said Edward, and of the Heirs males of the Body of the said Eldest Son Lawfully begotten: And for default of such issue male of such El­dest Son, To the use of the second Son of the body of the said second Son Lawfully begotten, (&c. And so to the 9th Son of the said Edward) and for default of such issue male of the body of such 9th Son, to the use of George Vavasor Brother of the said Peter Vavasor Esquire, for term of his natural life, without impeachment of wast, and after his decease, to the use of the eldest Son Lawfully begotten of the body of the said George Vavasor, and of the Heirs males of the body of the said Eldest Son Lawfully begotten, and for default of such issue male of the body of the said eldest Son, To the use of the second Son of the body of the said George Vavasor Lawfully begotten, and of the Heirs males of the body of second Son Lawfully begotten, &c. And so to the 9th Son of the said George) And for default of such issue male of the body of such 9th Son to the use of Ralph Vavasor Brother of the said Peter Vavasor Esquire for term of his natural life, without impeachment of wast, and after his decease, to the use of the Eldest Son Lawfully begotten of the body of the said Ralph Vavasor and the Heirs males of the body of the said Eldest Son Lawfully begotten, and for default of such issue male of the body of such Eldest Son To the use of the second Son of the body of the said Ralph Vavasor Lawfully begotten, and the Heirs males of the body of the said second Son Lawfully begotten, &c. (And so to the ninh Son of the said Ralph) and for default of such issue male of the Body of such ninth Son, To the use of Marmaduke Vavasor Brother of the said Peter Vavasor Esquire for the term of his natural life, without impeachment of waste, and after his decease to the use of the Eldest Son Lawfully begotten of the Body of the said Marmaduke Vavasor and of the Heirs males of the body of the said Eldest Son Lawfully begotten, &c. (And so to the ninth Son of the said Marmaduke) And for default of such issue male of the Body of such ninth Son, To the use of Robert Vavasor Brother of the said Peter Vavasor Esquire, for the term of his natural life, without impeachment of any waste, and after his decease, To the use of the Eldest Son Lawfully be­gotten of the Body of the said Robert Vavasor, and of the heirs males of the Body of the said Eldest son Lawfully begotten (and so to the ninth Son of the said Robert) and for default of such issue male of the Body of such ninth Son, To the use of Thomas Vavasor Brother of the said Peter Vavasor Esquire, for term of his natural life, without impeachment of any waste, and after his decease to the use of the Eldest Son Lawfully begotten of the Bo­dy of the said Thomas Vavasor, and of the Heirs males of the Body of the said Eldest Son Lawfully begotten, &c. (and so to the ninth Son of the said Thomas,) and for default of such issue male of the Body of such [Page 17] ninth Son, To the use of Rich. Vavasor Brother of the said Peter Vavasor Esq. for term of his natural life without impeachment of any wast, & after his decease, to the use of the Eldest son Lawfully begotten of the body of the the said Richard Vavasor and of the Heirs males of the Body of the said Eldest Son Lawfully begotten, &c. (and so to the ninth Son of the said Richard) and for default of such issue male of such ninth Son, to the use of the Heirs males of the Body of Sir Peter Vavasor of Spaldington Knight, Lawfully begotten: And for default of such issue male, To the use of the right Heirs of the said Richard Vavasor for ever, &c. Provided, &c. And farther the Recognitors aforesaid say upon their Oath, afore­said, That the aforesaid Tenemēts, with the appurtenances, in their view put, and in the plaint aforesaid specified, and in the recovery aforesaid comprized, are parcel of the Mannors, Lands and Tenements in the In­denture aforesaid specified, and not other, nor diverse: But whether the Indenture aforesaid after the recovery aforesaid by the aforesaid Peter Vavasor Esquire, in form aforesaid made and had, bearing date the aforesaid first day of February, and first delivered the aforesaid 15th day of February, in the 15th. year abovesaid, after the recovery afore­said, being to the uses in the same specified, be good and sufficient in Law, to have and declare the uses of the aforesaid recovery of the afore­said Tenements in the view of the Recogniters put and in the plaint aforesaid specified with the appurtenances, or not, The said Recogni­tors are altogether ignorant, and thereof pray the advice of the Justices aforesaid, and of the Court here, &c. And if to the same Justices and to the Court here, It shall seem, That the Indenture aforesaid, by the a­foresaid Peter Vavasor Esquire, after the aforesaid Recovery in form a­foresaid had and made, bearing date the aforesaid first day of February, and first delivered the 15th day abovesaid after the recovery aforesaid To the uses in the said Indenture specified, be good and sufficient in Law, to read and declare the uses of the recovery aforesaid of the tene­ments aforesaid in the view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified, Then the said Re­cognitors say upon their Oath aforesaid, that the said Recovery of the Tenements aforesaid in view of the Recognitors, aforesaid put with the appurtenances, and in the plaint aforesaid specified, was to the uses in the said Barr of the said Edward specified in manner and form as the said Edward in his Bar aforesaid above alleged: And that the afore­said George, Richard Coats, John, William, Robert Thissilwood, and Robert Ward did not disseise the aforesaid Thomas Dowman and Elizabeth of the Tenements aforesaid in their view put and in the plaint aforesaid spe­cified with the appurtenances, as the said George, Richard Coates, John, William, Robert and Robart, above have alleged; And if it shall seem to the same Justices, and to the Court here, that the Indenture afore­said by the aforesaid Peter Vavasor Esquire, after the Recovery aforesaid, in form aforesaid made and had, bearing date the aforesaid first day of February, in the 15th. yeare aforesaid after the aforesaid Reco­very is insufficient in Law, to lead and declare the uses of the Re­covery aforesaid of the Tenements aforesaid in view of the Recog­nitors put and in the plaint aforesaid specified, Then the said Recog­nitors say, upon their Oath aforesaid that the said recovery of the Te­nements [Page 18] aforesaid was not to the uses in the said Bar of the said Edward specified in manner and form as the aforesaid Thomas Dowman and Eliza­beth, above have alleged, and that the aforesaid Thomas Dowman and Elizabeth, were seised of the Tenements aforesaid, in the view of the same Recognitors put, and in the plaint aforesaid specified, with the appurtenances in their demesn as of Fee, in the right of the said Eliza­beth, until the aforesaid Edward Vavasor, George Vavasor, Richard Coates, John Lawson, William Musgrave, Kobert Thissilwood, and Robert ward, them the said Thomas and Elizabeth thereof unjustly and without Judgment, but not with force and Armes disseised them, and then they assesse the Damages of the said Thomas Dowman and Elizabeth, by occasion of the disseisin aforesaid, besides their costs and charges by them about their sute in this behalf expended to 20 shillings, and for their costs and char­ges to 10 shillings. And because the Justices here will avise themselves of and upon the premisses before that they give their Judgement thereof, day is given to the parties aforesaid before the Justices here aforesaid at the Inn of the Justices in Chancery Lane London until Satturday next after a moneth of St. Michael next following, &c. to hear their Judgment thereof because the said Juste [...]s here are not yet, &c. and diverse other meetings, until Saturday, nex after the morrow of All Souls, &c. Until Saturday next after the morrow of Martin, &c. And until Wednesday next after 8. dayes of the Holy Trinity, &c. At which day, before the aforesaid Robert Shute, and John Glench, then Justices, &c. At the aforesaid Inn of the Justices, As well the aforesaid Thomas Dowman and Elizabeth, as the aforesaid Ed­ward, George, Richard Coats, John, William, Robert, and Robert by their Attornies come. And because the Justices aforesaid here, &c Further day is given to the parties aforesaid, before the Justices of the said Lady the Queen, to take Assizes in the aforesaid County of York, assigned at the aforesaid Castle of York, until Monday the 6 ^th. day of August, next com­ming, &c. Before which day, the said Lady the Queen that now is, By other her Letters Patents, whose date is at Westminster in the year of her Reign, the 24 ^th. the Tenor of which followeth in these words, &c. Eliza­beth, &c. To our Beloved and Faithful John Clench, Baron, and Francis Gawdy, one of her Serjants at Law, Greeting, Know ye, &c. (And then follow the Letters Patents) &c. And because the same Justices here will farther avise themselves of and upon the premises, before they give their Judgement thereof, day, &c. Before them the said John Clench, and Francis Gawdy, then Justices, &c. At the aforesaid Inn until Saturday next after the morrow of All Souls, &c. At which day, the afore­said John Clench, and Francis Gawdy, then Justices of the Lady the Queen to Assizes in the aforesaid County of York at the Inn aforesaid came not, but withdrew themselves from the said Inn, because before the said day for the infection of the Air, and of the Plague of Men in the City of London, and the Suburbs thereof, as also in the City of Westminster, being the Term of St. Michael, which then at Westminster in the County of Midd. was holden at Westminster aforesaid, unto the Castle of the Lady the Queen, &c. is adjorned, &c. and their holden, &c. Afterwards the said Lady the Queen, By other Letters Patents, Constituted John Clench, and Francis Rodes one of her Serjants at Law, Justices to Assizes in the a­aforesaid County of York, &c. And the said Justices, by virtue of the [Page 19] said Lett. Patents, Afterward, that is to say, Monday in the 4 ^th. week of Lent, in the yeer of the Reign of the said Lady the Queen that now is, the 25 ^th. 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, &c. 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 holdē 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, &c. At the aforesaid Castle of York, the aforesaid, Monday the 6 ^th. day of August, in the year of the said Lady the Queen that now is, the 24 ^th. in which day, the Assize aforesaid was adjorned, before the said John Clench, and Francis Gawdy, then Justi­ces, &c. from the aforesaid Castle of York, unto the aforesaid Inn of the Justices in Chancery Lane London, untill the aforesaid Saturday next, after the aforesaid morrow of All Souls, then next following, &c. At which next Assizes, holden at the Castle of York aforesaid, Monday the 29 ^th. day of July, in the yeer of the Reign of the said Lady the Queen that now is, the 25 ^th. before the aforesaid John Clench, and Francis Gawdy, then Justi­ces to Assizes, &c. came as well the aforesaid Thomas Dowman and Eliza­beth, by their Attorny aforesaid, as the aforesaid Edward, George, Richard Coats, Iohn, William, Robert, and Robert, by the aforesaid Thomas Hill their Attorny; And the Sheriff, that is to say, Thomas Wentworth, Esq. now sent, That the aforesaid Edward Vavasor, George, Richard Coats, Iohn, Wil­liam, Robert, and Robert, &c. 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 comming, to hear and receive what to the said Justices should seem in this behalf, because the said Iohn Clench, and Francis Rodes, Justices to Assizes, &c. thereof not yet, &c. And the Assize aforesaid, with all touching the same, to the said Justices of the Bench is sent, &c. (The Warrant of Attorny followes, and the Writ of Resummons in the Roll; and the Tenor of the Writ of Reattachment and Retorn of the said Writ) Elizabeth, &c. To the Sher­riffs of York, greeting, Reattach, Edward Vavasor, Esq. George, Richard Coats, Iohn, 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 22 ^d. day of Iuly, then 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. Messuages, 300. Acres of Land, 100. Acres of Meadow, and 200. Acres of Pasture, with the Appurtenances in Spaldington, VVillytoft, and Southcone, So as they that Assize then be there in the same state as it was in our Court, before Iohn Clench, third Baron of our Exchequer, and Francis Gawdy, one of our Serjants at Law, our Justices to Assizes in your County to be taken assigned, At the aforesaid Castle of York, Monday the 6 ^th. day of August last past, which day the assize aforesaid for certain cau­ses, was from thence adjorned before the same our Justices unto the Inn [Page 20] of the Justices in Chancery Lane London, Untill Saturday next after the mor­row of All Souls, then next following, And have here the names of the Pledges, and this Writ, Iohn Clench, at the Castle of York, the 11 ^th. day of March, in the yeer of our Reign, the 25 ^th. Frankland Cresly. The within named Edward Vavasor, George, Richard Coats, Iohn, VVilliam, 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 VVentworth, Esq. Sheriff: And now here, that is to say, at VVestminster 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 Attor­ny, as the aforesaid Edward Vavasor, George, Richard Coats, Iohn, VVilliam, 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. dayes of St. Hillary (and so it is continued in 8. dayes of St. Hillary the yeer following) At which day, here come as well the aforesaid Thomas Dowman and Elizabeth, as the aforesaid Edward Vavasor, George, Richard Coats, Iohn, VVilliam, Robert, and Robert, by their Attornies 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 VVindsor, VVilliam 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 barr 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, &c. And the aforesaid Edward Vavasor, George, Ri­chard Coats, Iohn, VVilliam, Robert, and Robert, go thereof without day, &c.

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 yeer of the Reign of the Lord the King that now is of England, France, and Ireland, the 7 ^th. and of Scotland, the 42 ^d. Rott. 3642. It is contained thus: Somers. ss. It was commanded to the Sherriff. Whereas, of the [Page 21] grievous Complaint of Owen Bray of Cobham, in the County aforesaid Gent. to the Lord the King grievously complaining, It was shewed, 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 yeer of the Reign of the said Lord the King of England the 5 ^th. 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 ex [...]gent in the County of the Lord the King of Sus­sex, to Outlawry, and for that occasion afterwards, that is to say, the 19 ^th. day of May, in the yeer 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 Sute of the said Iohn 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 shew; Yet the aforesaid Iohn 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 smal Damage; Whereupon he had supplica­ted the Lord the Kings cong [...]uous 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. dayes, the aforesaid Iohn, 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 Attorny, as the aforesaid Iohn, by Iohn Nye his Attorny; And upon this, the said Owen saith, That whereas the aforesaid Iohn 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 yeer of the Reign of the Lord the King that now is of England, &c. the 5 ^th. 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 VVestminster, by the consideration of the said Court, recovered against the said Owen, as well the aforesaid Debt of 200. pounds, as the aforesaid [Page 22] 33. shillings and 4. pence, which to the said Iohn, 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 satisfie the said Iohn 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 9 ^th. day of May, in the yeer of the Reign of the Lord the King that now is, the 6 ^th. was Outlawed, upon the said Outlawry, the aforesaid Iohn Drury, after­wards, that is to say, in the Term of the Holy Trinity, in the yeer of the Reign of the Lord the King that now is, the 6 ^th. 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 19 ^th. day of May, in the yeer of the Reign of the said Lord the King that now is, the 6 ^th. a­bovesaid, At the Sute of the said Iohn Drury, of the plea of Debt, where­of he is convicted of, &c. And him safely keep, &c. So as he have his body before the Justices of the said Lord the King here in the morrow of All Souls then next comming, 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 7 ^th. day of October, in the 6 ^th. yeer 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 yeer, &c. 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, &c. And the aforesaid John prayeth licence thereof to imparl here, until 8. dayes of St. Michael, &c. And hath it, &c. And the same day is given to the aforesaid Owen here, &c. At which day, the plea afore­said was adjorned, by Writ of the Lord the King of Common adjorn­ment here, untill from the day of St. Michael, in one Moneth then next following; At which day, here cometh as well the said Owen, as the said John by their Attornies aforesaid, and upon this, further prayeth liecnce thereof to imparl here, &c. Until from Easter day in 15. dayes, and hath it, &c. And the same day is given to the said Owen here, &c. At which day of 14. dayes of Easter, came as well the aforesaid Owen, as the afore­said John by their Attornies 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 [Page 23] 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 yeer of the Reign of the said Lord the King that now is, the 6 ^th. 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 Sute 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 19 ^th. day of May, in the year of the Reign of the Lord the King that now is, the 6 ^th. abovesaid, at the Sute 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, &c. 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 yeer 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 Attor­ny; And the Sheriffs, that is to say, George Bolles, and Richard Farring­ton, then Sheriffs of the aforesaid County of Midd. then here sent, That the aforesaid Owen was not found, &c. And upon this the said Owen, then prayed the hearing of the Writ of Exigent, upon which the said Owen, at the Sute 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, &c. To the Sherifs 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 satisfie to Iohn Drury Doctor of Law, as well of a certain debt of 200. pounds, which the said Iohn in the said our Court, before our Justices at Westminster Recovered against him, as of 33. shillings and 4. pence, which to the said Iohn, 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. dayes of St. Hillary, That the aforesaid Owen is not found in your Baliwick. And have here this Writ, witnesse Edward Coke at Westminster, the 25 ^th. day of Ianuary, in the yeer of our Reign of England, France, and Ireland, the 5 ^th. 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 Retorn, these words (Saint) between the word, morrow and Trinity, not having any signification as by the Writ aforesaid then it appeared, And for the same Cause the said Owen then prayed Judgement, and that the Outlaw­rie, [Page 24] 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 then appeared, That the Allegation of the a­foresaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true. Therefore then 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, &c. 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, &c. 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 Iudgment 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 Iudgement; and that the said John from his execution by colour of the Iudgment aforesaid be barred; and that the said Owen be thereof char­ged, &c. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the Iudgment 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 waies 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, &c. and because the Iustices here will avise themselves of and upon the premises before that they give their Iudgement thereof, Day is given to the par­ties aforesaid until the morrow of the Holy Trynity to hear their Iudge­ment, because the same Iustices here, thereof are not yet, &c.

Trinity, Anno. 70. of King JAMES. Vineors Case. Rot. 2629 C. 8. part fo. 80. a

WIlliam Wilde late of Themilthorp in the County aforesaid, Yeoman, Norff. otherwise called William Wilde 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 detayneth, &c. And whereupon, the said Robert by Thomas Vynior his Attourney saith, that whereas the said William the 15 ^th. day of July, in the year of the reign of the Lord the King, that now is of [Page 25] England, France and Ireland, the 6 ^th. 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 therof re­quired, yet the said William, although often required, the aforesaid 20 pound to the said Robert not yet hath rendred, but the same to him hi­therto hath denyed, and as yet doth deny, whereupon he saith that he is the worse and hath damage to the valew of 10 pound, and thereof hebringeth sute, and he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie, whose date is the day and year aforesaid, &c. And the aforesaid William, by John Bussel his Atturney commeth 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 Wilde do and shall from time to time and at all times hereafter, stand to, abide, observe, perform, fullfill and keep, the Rule, Order, Judgment, Arbitrament, Sentence, and final Determination of William Rugge Esquire, Arbitrator indifferently named elected and chosen aswel of the part and behalfe of the said Willi­am Wilde, as of the part and behalf of the abovenamed Rober Vynior, to Rule, order, adjudge, arbitrate, and finally determine, all matters, sutes, Controversies, debates, griefes, 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 Wilde for diverse 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 Rugge at or before the Feast of St. Michael the Archangel next insuing, 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 Wilde 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 &c. 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 Wilde after the making of the wri­ting aforesaid, and before the aforesaid Feast of Saint Michael the Arch­angel then 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, &c. the 6 ^th. 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 yeare, reciting that whereas he the said William then stood bounden to the aforesaid Robert by the name of Robert Vinyor in [Page 26] one writing Obligatorie 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 Rugge Esquire Arbitrator chosen aswel on the part of the said William Wilde as on the part of the above named Robert Vinyor as in the said wri­ting Obligatory more fully is appeared, or might appear, then 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 Wilde by the said writing Obligatory had given and commtited to the aforesaid William Rugge his Arbitrator, and then altogether dissallowed and held void, all and whatsoever the aforesaid William Rugge after the delivery of the same writings of revocation should do to him in and about the said Arbitrament, Rule, Order, Iudge­ment, Arbitrament, Sentence and Determination of all matters, sutes, controversies, debates, griefs, and contentions, then 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 Wilde 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 Wilde after the making of the writings aforesaid before, &c. the said Feast of Saint Michael the Archangel then 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 Iudgment and his debt aforesaid together with his damages by occasion of detayning of the same debt to be adjudged unto him, &c. 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 diverse. And the said William Wilde 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 Iudgement, and that the said Robert from his action aforesaid against him to have, be bar­red, and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have, and maintain above by replying hath alleged, which he is ready to aver, which matter the aforesaid William doth not deny, nor to the same in any wayes answereth, but the averment aforesaid to admit doth altoge­ther refuse, as at first, prayeth Iudgement, and his debt aforesaid together with his damages by occasion of detayning his debt, to be adjudged unto him &c. And because the Iustices here will avise themselves of and upon the premises before they give their Iudgement thereof, Day is given to the parties aforesaid here on 8 dayes of Saint Michael to [...]ear their Iudgment thereof, because the Iustices here, thereof not yet, &c.

Debt.
Trinity Term. Anno 10. of King James, Rott. 2413. In Brown­low. the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne, Concerning Misnaming of Corporations. C. 10. part fol. 120. a.

IOhn Payn, late of Catton in the County aforesaid Gent. Executor of Norff. the Testament of John Payne, late called John Payne of Kings Linne, in the County of Norffolk Esq. was summoned to Answer to the Mayor, and Burgesses of Kings Lynne, in the County of Norfolk, of a Plea, that he ren­der to them 3000. pound, which he unjustly deteineth from them, &c. And whereupon the said Mayor and Burgesses, by Henry Bastard their At­torney say, That whereas, the aforesaid John Payne the Testator in his life, the 27 ^th. day of January, in the year of the Reign of the Lord the King that now is, &c. The 6 ^th. at Gaywood by his writing Obligatory, had granted himself to be bounden to the said Mayor and Burgesses, in the aforesaid 3000. pound, to be paid to the said Mayor and Burgesses, when thereof he was required, yet the said John Payne the Testator in his life time, & the aforesaid John Payne the Executor, after the death of him, the Testator John Payne, although often required, the aforesaid 3000. pound, to the said Mayor and Burgesses rendred not, but the same deny­ed to them to render, and the aforesaid John Payne the Executor, doth deny the same yet to render to them, and unjustly deteineth the same, whereupon they say, that they are the worse, and have damage to the va­lue of 100. pound, and thereof bring Sute; and bring here into Court the writing aforesaid, which the debt aforesaid, in form aforesaid, testifi­eth, &c. whose date is the same day and year aforesaid, &c. And the a­foresaid Iohn Payne Executor, by Thomas Blofield his Attorney, comes and defends the force and injury when, &c. And saith, that hee of the debt aforesaid, by virtue of the writing aforesaid, ought not to be charged, Because he saith, That it is not the Deed of the said Iohn Payne the Te­stator, and upon this puts himself upon the Countrey; and the aforesaid Mayor and Burgesses likewise, Therefore it is commanded to the Sheriff, that he cause to come here, from the day of Holy Trinity in 3. weeks, [...]2. &c. By whom, &c. And who neither, &c. To Recognize, &c. Be­cause as well, &c. At which day the Jurors between the parties aforesaid, of the Plea aforesaid, were put between them in respite here untill this day, that is to say, in 8. dayes of Saint Michael then next following, un­lesse the Justices of the Lord the King to Assises in the County aforesaid, to be taken assigned, by the form of the Statute, &c. upon Monday the 27 ^th. of day Iuly next following, at the Castle at Norwich, in the County a­foresaid first shall come, And now at this day comes, as well the aforesaid Mayor and Burgesses, as the aforesaid Iohn Payne the Executor, by their [Page 28] Attorneys aforesaid, and the aforesaid Justices to Assises, before whom, &c. Send here, their Record, in these words. Afterwards the day and place within conteined, before Edward Coke Knight, Chief Justice of the Lord the King of the Bench, and Iohn Croke Knight, one of the Justices of the said Lord the King to Pleas, before the King himself to be holden, assigned Justices of the said Lord the King to Assises, in the County afore­said to be taken, assigned by the form of the Statute, &c. come as well the within named Mayor and Burgesses, as the within written Iohn Payne the Executor by their Attorneys within written; and the Jurors of the Jury, wherefore within is made mention, being called likewise come, who to say the truth of the within conteined, chosen, tryed, and sworn, say, upon their Oath, That long before the making of the writing Obligatory, within written, The Lord Henry, late King of England the 8 ^th. the 7 ^th. day of Iuly, in the year of his Reign the 29 ^th. By his Letters Patents, under his Great Seal of England, bearing date at Westminster, the same day and year, and to the Jurors aforesaid in evidence shewed, Reciting by the said Letters Patents, That whereas the said late King, by his Letters Pa­tents, whose date was the 27 ^th. day of Iune, in the 16 ^th. year of his Reign, of his special grace, and of his meer motion, late had granted, and by the said his Letters Patents, confirmed for him his Heirs, & Successors, to the Mayor, and Burgesses, and Inhabitants of his Borough of Lynn Bishop, in his County of Norfolk, that they for ever, should be one body Corporate, and one Cominalty, perpetually in thing and name, and that they should have perpetual succession, and the name of the Mayor, and Burgesses of the Borough of aforesaid Bishops Lynne, in the County of Norfolk, should have and bear, and by the same name, should be persons able, and capable in Law, to have &, purchase Lands, Tenements, Goods and Chattels, & o­ther possessions whatsoever, and to plead, and to be impleaded, answer, and answered defend, and might and could defend, before any Justices whatsoever, whether spiritual Judges, or temporal, in whatsoever Courts, and in all and singular Actions, Causes, Matters, Plaints, and Demands of whatsoever kind they should be or nature, in the same manner, as the o­ther the Leige people of the said late King, persons able, and capable in Law to plead, and be impleaded to answer, and to be answered, defend, or might defend; and that the said Mayor, and Burgesses, and their Suc­cessors should have, or might have one Common Seal for their businesses, and others to be done within the Borough aforesaid, happening, or arising, with divers other Liberties, Franchisles, Grants, Articles, and immu­nities in the said Letters Patents conteined and specified, as in the said Letters Patents more fully and manifestly is appeared: And whereas af­terwards by a certain Statute late in Parliament, of the said late King at London, holden the third day of November, in the 21 ^th. year of his Reign, and from thence adjorned to Westminster and there holden, and from that time continued by divers prorogations, untill 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, [Page 29] 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 8 ^th. For that by the said Act, the same Man­nors 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 meer 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 encreased, 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 shewed 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 Ianuary, in the year of the Reign of the Lord the King that now is, the 6 ^th. within written, The aforesaid John Payne 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 Payne, or not, the same Jurors are altogether ignorant, and pray thereof the advise of the Justices, and Court here, &c. And if up­on the whole matter aforesaid, by them the said Jurors in form aforesaid [Page 30] 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 Payne the Testator, Then the said Jurours say, upon their Oath aforesaid, That the writing aforesaid, is the Deed of the said John Payne the Testator, and then they assess the damages of the said Mayor, and Bur­gesses, by occasion of deteining of the debt within written, above their Costs and Charges, by them in their sute 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 Payne the Testator, Then the said Jurors say, upon their Oath aforesaid, That the writing aforesaid, is not the Deed of the aforesaid John Payne the Testator, a [...] the aforesaid John Payne the Executor above in pleading hath alleaged: 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, untill, &c. To hear their Judgement thereof, because the said Justices here thereof are not yet, &c.

Trinity Term, Anno 80. Of King JAMES, Edward Althams Case. Co. 8. part, fol. 14. a.

THomas Lawrence, and Marcy his Wife, by Charles Cardinal their At­torny, 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, &c. And the aforesaid Edward and Margaret, by John Rowley their Attorny, come and say, That the aforesaid Thomas and Marcy, the Dower of the said Marcy, of the Tenements aforesaid, with the Ap­purtenances whereof, &c. Of the Endowment of the said Thomas Nash, sometimes Husband, &c. Against them ought not to have, be­cause they say, That the said Thomas Nash sometimes the Hus­and, &c. Was seized of the Tenements aforesaid, whereof, &c. In his Demesn as of Fee, and held the same of John Wentworth, Esq. as of his Mannor 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, &c. being seised, The 10 ^th. day of April, in the yeer 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 [Page 31] term of his life, And afterwards there dyed of such estate thereof seised; After whose death, the said Zachary into the Tenements aforesaid with the Appurtenances whereof, &c. entred and was thereof seised, 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, &c. after the death of the said Thomas did descend to one Thomas Nash, as Son and Heir of the aforesaid Thomas Nash, sometimes Husband, &c. By which the said Thomas the Son, was seised of the said Reversion of the Tenements aforesaid, with the Ap­purtenances whereof, &c. as of Fee and Right; And the said Thomas, so thereof being seised, and the aforesaid Zachary of the Tenements afore­said, with the Appurtenances, whereof, &c. So (as before is said being seised) The aforesaid Marcy, after the death of the said Thomas Nash, sometimes her Husband, &c. in the Widdowhood of the said Marcy, whilest she was single, that is to say, The 27 ^th. day of April, in the yeer 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 yeer, by the name of Marcy Nash, the Widdow 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 Sutes, 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 ought to have, or any wayes then 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, &c. in form aforesaid being seised, At Gosfield aforesaid, dyed of such his e­state thereof seised; After whose death, the said Reversion of the Tene­ments aforesaid, with the Appurtenances whereof, &c. did descend, to the aforesaid Margaret, as Daughter and Heir of the aforesaid Thomas the Son; By which the said Margaret was seised of the said Reversion of the Tenements aforesaid, with the Appurtenances whereof, &c. as of Fee and Right, and she the said Margaret so of the same Reversion, as before is said, being seised, And the aforesaid Zachary, of the Tenements afore­said, with the Appurtenances whereof, &c. in form aforesaid being seis­ed, The said Zachary, afterwards, at Gosfield aforesaid dyed of such his estate thereof seised. After whose death the said Margaret, in­to the Tenements aforesaid with the Appurtenances whereof, &c. en­tred, and was thereof seised in their Demesn as of Fee and Right, and so thereof being seised, The said Margaret afterwards, and before the day of bringing the Original Writ as aforesaid, of the said Thomas and Law­rence, and Marcy, at Gosfield aforesaid, took to Husband the aforesaid Ed­ward [Page 32] Altham, By which the said Edward and Margaret were and yet are seised 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 Law­rence, and Marcy, Dower of the said Marcy, of the Tenements aforesaid, with the Appurtenances whereof, &c. Of the Endowment of the said Thomas Nash, sometimes the Husband, &c. against them ought to have, &c. And the aforesaid, Thomas Lawrence 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 Sutes, 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 wayes 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 Assignes, at the time of the making of this deed of Release; In Witnesse whereof to this my present Writing, I have set my Seal, Dated the 27 ^th. day of April, in the yeer of the Reign of our Lady Elizabeth, by the Grace of God of England, France, and Ireland Queen defendor of the Faith, &c. the 35 ^th. Which being read and heard, The said Thomas Lawrence, 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, &c. in his life time, and at the time of his death, was seised as well of the Tenements aforesaid, with the Appurtenances whereof, &c. in Gosfield aforesaid, As of Two Messuages, and 200. Acres of Land, with the Appurtenances in Wetherfield aforesaid, in his Demesn as of Fee, And so thereof being seised, at Gosfield aforesaid, by his Last Will and Testa­ment in Writing devised, the Tenements aforesaid with the Appurte­nances whereof, &c. in Gosfield aforesaid, to the aforesaid Zachary Nash, younger Son of the said Thomas Nash, sometimes Husband, &c. And afterwards, at Gosfield aforesaid dyed, After whose death the said Tho­mas Nash the younger, as Son and Heir of the said Thomas Nash, sometimes Husband, &c. into the Tenements aforesaid with the Appurtenances in VVetherfield aforesaid entred, and was thereof seised in his Demesn as of Fee and Right, And the said Zachary into the Tenements aforesaid, with the Appurtenances whereof, &c. in Gosfield aforesaid entred, and was thereof seised in his Demesn as of Freehold for the Term of his life, And [Page 33] the said Thomas Lawrence and Marcy further say, That at the time of the death of the aforesaid Thomas Nash, sometimes Husband, &c. the afore­said Zachary was within the Age of 21. yeers, that is to say of three yeers, by which the said Marcy whilest she was single, as Guardian and for nur­ture of the said Zachary, into the Tenements aforesaid, with the Appur­tenances whereof, &c. in Gosfield aforesaid, entred, and was thereof possessed, the aforesaid Thomas Nash, the Son of the Tenements a­foresaid, with the Appurtenances in Wetherfiald aforesaid being seised, and that the said Zachary of the Tenements aforesaid, with the Ap­purtenances whereof, &c. in Gosfield aforesaid, in form aforesaid, being seised, And the said Marcy in form aforesaid being possessed, After­wards, and before the making of the aforesaid Writing of Release here in Court brought, at Gosfield aforesaid, It was concluded and agreed between the, said Marcy whilest she was single and the aforesaid Thomas Nash the Son that the said Marcy should release to the said Thomas Nash the Son all her Dower, happening to her after the death of the aforesaid Thomas Nash sometimes the husband, &c. in all Lands, and Tenements of the said Thomas in Wetherfield aforesaid, And that the said Thomas Nash the Son should enfeoff, John Tiler the elder, and John Tiler the younger, and their heirs of the Tenements aforesaid with the appurtenances whereof, &c. in Gosfield aforesaid to the use of the said Zachary and the heirs of his body Lawfully begotten: and the said Thomas Lawrance and Marcy farther say, that the aforesaid Thomas Nash the Son of the Te­nements aforesaid in Wethersfield aforesaid, in the form aforesaid being seised, and the aforesaid Marcy of the Tenements with the appurte­nances whereof, &c. in Gosfield aforesaid being possessed, the said Marcy afterwards, that is to say the aforesaid 27 ^th day of April in the year of the Reign of the said Lady Elizabeth late Queen of England the 35 ^th. abovesaid whilest she the said Marcy was single at Gosfield afore­said the aforesaid writing of Release to the aforesaid Thomas the Son sealed and delivered: And the aforesaid Thomas Nash the Son the 28 ^th. day of April in the year of the Reign of the said late Queen the 35 ^th. aforesaid at Gosfield aforesaid enfeoffed the aforesaid John Tiler the elder and John Tiler the younger, and their heirs of the Tenements aforesaid with the appurtenances whereof, &c. in Gosfield aforesaid, To the use of the aforesaid Zachary and the heirs of his body Lawfully begotten; and this they are ready to aver, whereupon, they demand Judgement and seisin of the third part of the Tenements aforesaid with the appurte­nances whereof, &c. in Gosfield aforesaid, to be adjudged to the said Thomas Lawrance in manner and form aforesaid, and that the matters above in the replication aforesaid are not sufficient in Law, them the said Thomas and Marcy the Dower of the said Marcy in the Tenements aforesaid with the appurtenances whereof, &c. against the said Edward and Margaret to have and maintain, and that they need not, nor by the Law of the Land are bound to answer, and this they are ready to aver, wherefore for default of sufficient Replication of the aforesaid Thomas and Marcy in this part, the said Edward and Margaret as at first demand Judgement: And that the said Thomas Lawrence, and Marcy from the Dower of the said Marcy of the Tenements aforesaid, with the Ap­purtenances whereof, &c. against them to have be barred, And the said [Page 34] Thomas and Marcy, for as much as they sufficient matter in Law, the said Thomas and Marcy, to have and maintain their Action aforesaid, against the said Edward and Margaret, above by Replication have alleged, which they are ready to aver, Which matter the said Edward and Margaret do not deny, nor to the same any wayes Answer, but the Averment afore­said altogether Refuse to admit, as before, demand Judgement, and seisin of the third part aforesaid, to be adjudged unto them: And be­cause the Justices here will avise themselves of and upon the premises be­fore that they give their Judgement thereof, Day is given to the parties aforesaid here untill, in 8. dayes of St. Michael to hear their Judgement thereof, because the said Justices here thereof not yet, &c.

Ester Term, 26. of Queen Elizabeth Rott. 1608.

RIchard Mauser late of London yeoman (otherwise called Richard Mau­ser) of Gillingham in the County of Kent Yeoman, was summoned to Answer to William Painter Esq. of a Plea, that he render to him 40. pound, whicb he oweth him, and unjustly deteineth, &c. And whereupon the said William, by Thomas Antrobas his Attorney saith, That the said Ri­chard the 6 ^th. day of April, in the year of the Reign of the Lady the Queen that now is, the 12 ^th. at London, in the Parish of the blessed Mary of Bow, in the Ward of Cheap, by a certain writing Obligatory, granted himself to be bounden to the said William, in the said 40. pound, to be paid to the said William, in the Feast of the Ascension of our Lord, then next following: Yet the aforesaid Richard although often required, the aforesaid 40 pound, to the said William, hath not yet rendred, but the same to him hitherto hath denyed, and yet doth deny, whereupon he saith, he is the worse, And hath damage to the value of 10. pound, and thereof he bringeth sute, And he brings here in Court the writing aforesaid, which the debt aforesaid, in form aforesaid doth testifie, the date of which, is the day and year aforesaid, &c. And the said Richard by John Cook his Attorney cometh, and defendeth the force and injury when, &c. And prayeth the hearing of the writing aforesaid, and it is read unto him in these words, The Condition of this Obligation is such, That whereas the within bounden Richard Mauser, and John Mouser his Son, by their deed of [...]eoffment, bearing date, the date of this Obligation, have given, granted, and confirmed unto the within named, William Paynter and his Heirs, all that parcel of Wood-land, called South-wood, conteining by estimation 10. Acres, be it more or lesse, lying together in the Parish of Gillingham within said, and Bedherst in the County within said, to the Lands of one Thomas Remsby, towards the East, West, and North, and to the Kings way, towards the South, as the same do more at large it appear, If the said William Paynter, and his Heirs shall and may [Page 35] at all times hereafter have, hold, and injoy all the aforesaid parcell of Wood-land with the appurtenances, and charged or saved harmlesse, of and from all and every former Bargain, Sale, Gift, Grant, Lease, Right, Copihold, Dower, Rent, Charge, and all other things, and incumbrances whatsoever, had, made, or suffered to be done, by the said Richard Mau­ser, or his Heirs or Assignes, and also if 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 Paynter, 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 vertue. 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, untill the day of the bringing of the Original Writ, of the said William, that is to say, the 16 ^th. day of October, in the year of the Reign of the Queen that now is, the 24 ^th. had, held, and enjoyed, all the said parcell 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, joyntures, dowers, rent, charges, and from all other charges, and incumbrances 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 10 ^th. day of A­pril, in the year of the Reign of the said Lady the Queen that now is, the 24 ^th. The aforesaid William Paynter 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 shewing 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 Paynter, the writing aforesaid, to be delivered unto him, to shew 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 [Page 36] 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 shew to a man learned in the Law, who could read the same to the [...]aid Iohn: By reason of which, The said Iohn 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, untill 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 Paynter, for the fur­ther assurance, security, and sure making of the aforesaid parcell of Wood with the appurtenances, by the said Richard Mauser, and Iohn Mau­ser, or any of them, to the aforesaid William Paynter, his Heirs and Assigns, according to the form and effect of the Condition aforesaid to be done, And this he is ready to averr, whereupon he prayeth Judgement, if the said William his Action aforesaid against him, ought 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 averr, 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 deteining his debt to be adjudged unto him, &c. And the said Richard, for as much as he sufficient matter in Law, to barr the aforesaid William of having the Action aforesaid, against the said Richard above hath alleged, which he is ready to averr, 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, &c. And because the Justices here will advise of, and upon the premises before they give Judgement, day is given to the parties afore­said untill the day after the Holy Trinity to hear their Judgement, &c. Because, the said Justices hereof not yet, &c. 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 untill in 8. dayes of St. Michael, to hear their Judgement, because the said Justices here hereof not yet, &c. 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 barr the said Wil. to have his Actiō aforesaid against the said William Paynter above hath alleged: Therefore it is granted, that the said William Paynter, recover against the said Richard Mauser his debt aforesaid, and his damages by occasion of deteining of his debt to 20. pounds to the said William, with his assent by the Court here adjudged, and the aforesaid Richard in mercy, &c. Afterwards, that is to say, the [Page 37] 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, &c.

Trinity 27 ^o. Eliz. Rott, 1354. in the Common Pleas. Wisemans Case. Co. 1. part. Fol. 1. a.

AT another time, as it appeareth Easter Term in the year of the Reign of the Lady the Queen that now is, the 27 ^th. Rott. 1056. it is con­teined, thus: Essex. ss. Richard Bernard of great Braxsted, in the Coun­ty aforesaid Yeoman, was summoned to Answer to Iohn Wiseman of a Plea, that he render to him 18. pound which he oweth him, and unjustly deteineth, &c. And whereupon the said Iohn by Apollo Playne his Attor­ney saith, That whereas one Thomas Wiseman was seised of, and in the Island of Osee with the appurtenances in great Totham, in the County aforesaid in his demesn as of Fee, and so thereof being seised, The said Island with the appurtenances, held of the Lady the Queen [...]hat now is, as of her Manor of East Greenwich, in the County of Kent in free Socage, that is to say, by Fealty only, The said Thomas so thereof being seised, the 15 ^th. day of October, in the year of the Reign of the Queen that now is, the 19 ^th. at Great Totham aforesaid demised, the one moyety of the said Island to the aforesaid Richard, To have and hold the said moyety with the appurtenances to the said Richard, from the feast of St. Michael the Archangel then last past, untill the end and Term of 21. years from thence next following fully to be compleated, Yielding and paying ther­fore yearly to the aforesaid Thomas his Heirs and Assigns, 36. pound of Lawful Money of England at two Terms of the year, That is to say, at the Feast of the Nativity of Saint Iohn the Baptist, and the Birth of our Lord, by equal portions to be paid, By virtue of which demise, the aforesaid Richard, in the moyety aforesaid with the appurtenances did enter, and was, and yet is thereof possessed, and so being thereof possessed, and the said Thomas of the reversion of the said moyety as of Fee and Right, and of the other moyety of the Island aforesaid, being seised in his de­mesn as of Fee, the said Thomas had issue William his Son and Heir appa­rent, and the said William had issue John his Son and Hei [...] apparent; and afterwards the said William at Great Totham aforesaid dyed, and the afore­said Thomas of the Reversion of the one Moyety of the Island aforesaid, & of the oth [...]r Moyety of the said Island with the appurtenances, in form foresaid being seised, The said Thomas so thereof seised, the 20 ^th. day of November, in the 23 ^th. year of the Reign of the Queen that now is, at Great Totham aforesaid, made his Testament and last Will in writing, and [Page 38] by the same, willed and bequeathed to one Thomas Wiseman his Son, the said Reversion of the aforesaid Moyety of the Island aforesaid; and the other Moyty of the said Island, To have to him and the Heirs males of his body lawfully begotten, and for default of such issue, the remainder to the right Heirs of the said Thomas Wiseman the Father for ever. And af­terwards, The said Thomas Wiseman the Father at Great Totham aforesaid dyed of such Estates of the aforesaid reversion of the one Moyety of the Island aforesaid, and of and in the aforesaid other Moyety of the said Island with the appurtenances seised. After whose death the aforesaid Thomas Wiseman the Son into one Moyety of the Island aforesaid entred, and was thereof seised in his demesn as of Fee-tail, and seised of the a­foresaid Reversion of the other Moyety of the said Island as of Fee-tail, that is to say to him, and the Heirs males of his body lawfully begotten, the reversion thereof to the said. John, as Cosin and Heir of the said Tho­mas Wiseman the Father belonging, that is to say, as Son and Heir of Wil­liam Wiseman deceased, Son and Heir of Thomas Wiseman the Father: And the aforesaid Thomas Wiseman the Son so thereof being seised, and the said John, Cosin and Heir of the aforesaid Thomas, the Father, of the Reversi [...]n thereof, as of Fee and Right being seised, The said John the 16 ^th. day of May, in the year of the Reign of the Queen that now is, the 24 ^th. at great Totham aforesaid, By his Indenture baring date the same day & year, made between him the said John VViseman, by the name of John VViseman, of the Inner Temple London Gent. Cosin and next Heir of Thomas VViseman late of Norhead, within the Parish of Muchwaltham in the County of Essex Esq. deceased of the one party, and Anthony Everard, John Mead, and John Sor­rel, by the name of Anthony Everard, of the Inner Temple London Gent. Iohn Meade of Great Easton, in the County of Essex Gent. and Iohn Sorrel of Stylsted in the aforesaid County of Essex Gent. of the other party, and in the Court of the said Lady the Queen that now is, of Pleas holden be­fore the Queen her self, within 6 Moneths then next following, accor­ding to the form of the Statute in such case late had and provided in due manner of Record enrolled, and of which one part, with the seals of the said Anthony, Iohn Meade, and Iohn Sorrel Sealed, the said Iohn VVise­man here in Court, brings whose date is the said 6 ^th. day of May, in the 24 ^th. yeer aforesaid, testifying, That the aforesaid Thomas VViseman, as well in consideration and to the intent, That all, and all manner, the Ma­nors, Messuages, Lands, Tenements, and Hereditaments, with all and singular their appurtenances, should and might for ever after continue, remain, and be at the will and good pleasure of God in the Stock, Name, or Bloud of the said Iohn VViseman, as for divers other good causes, and considerations, him the said Iohn VViseman then especially moving, had Covenanted, and Granted for himself, his Heirs, Executors, Administra­tors, and Assigns, To and with the said Anthony Everard, Iohn Meade, and Iohn Sorrel, their Heirs, Executors, and Administrators, and the Heirs, Executors, and Administrators of every of them by the said Indenture, That he the said Iohn VViseman his Heirs and Assigns, should and would immediatly from henceforth stand and be seised of and in the Reversion and Reversions, Remainder and Remainders, of all and singular the Manors, Lands, Tenements, and Hereditaments before mentioned, To the use of the said Iohn VViseman, and the Heirs males of his body law­fully [Page 39] to be begotten, and for default of such issue, To the use of VVilli­am VViseman, Brother of the said Iohn VViseman lawfully begotten, and for default of such issue, To the use of Thomas VViseman, another Bro­ther of the said Iohn VViseman, and the Heirs males of the body of the said Thomas lawfully to be begotten. And for default of such issue, To the use of the Heirs of the body of VVilliam VViseman, Father of the said Iohn VViseman, and the Heirs of their bodies lawfully to be begotten, and for default of such issue, To the use of the Heirs of the body of the aforesaid Thomas VViseman deceased, and the Heirs of their bodies lawfully to be begotten, and for default such issue, To the use of the Lady the Queen that now is, and the Heirs and Successors of the said Lady the Queen, Kings and Queens of this Realm of England for ever as by the said In­denture amongst other things it more fully, manifest and doth appear. By vertue of which Indenture, and by force of a certain Act in Parlia­ment of the late King Henry 8. at Westminster, in the County of Middlesex, the 4 ^th. day of February, in the yeer of his Reign the 27 ^th. of transferring of uses in possession then holden, set forth, The said John VViseman was seised of the Reversion of the whole Island aforesaid, as of Fee tail and right, and for default of such issue, the remainder to the aforesaid VVilliam VViseman, Brother of the said John VViseman, and the heirs males of the Body of the said VVilliam lawfully to be begotten. And for de­fault of such issue, To the use of the said Thomas VViseman, another Bro­ther of the said John VViseman, and the heirs males of the Body of the said Thomas lawfully to be begotten, And for default of such issue, the remainder thereof to of the heirs of the body of the aforesaid VVill VVise­man the Father, and the heirs of their bodies lawfully to be begotten; And for default of such issue, the Remainder thereof to the heires males of the Body of the said Thomas VViseman desceased, and the heirs males of their Body lawfully to be begotten; And for default of such issue, The remainder there to the said Lady the Queen that now is, her Heirs and Successors, Kings and Queenes of this Kingdom of England belonging; And the beforesaid John of the aforesaid Reversion of the whole Island a­foresaid as of Fee tail and right in form aforesaid being seised, the re­mainder thereof further in the form aforesaid belonging; The said Tho­mas VViseman the Son afterwards, that is to say, the 15 ^th. day of July, in the year of the said Lady the Queen that now is, the 26 ^th. at great Totham a­foresaid, dyed without heir male of his body lawfully begotten, After whose death the said John, into one Moyety of the Island aforesaid with the Appurtenances entred, & was and yet is thereof seised in his Demesn as of Fee tail; And likewise the said John was and yet is seised of the afore­said Reversion of the other Moiety of the said Island, as of the Fee tail and of right, And thereof being seised; And the said Richard, of the said other Moiety of the aforesaid Island, with the Appurtenances in form a­foresaid being possessed, The aforesaid 18. pounds of the Rent aforesaid, for half a yeer, ended at the Feast of the Birth of our Lord, in the year of the Reign of the Lady the Queen that now is, the 27 ^th. to the said John was behind, and do yet remain unpaid, For which Action accrued to the said John to require and have of the said Richard the aforesaid 18. pounds: Yet he the said Richard, although he was often required the said 18. pounds, to the said John hath not yet rendered, but hitherto to render to [Page 40] the same to him hath denyed, and yet doth deny; Whereupon he saith he is the worse, and hath damage to the value of 20. pounds. And there­of he bringeth Sute, &c. And the said Richard Barnard, by John Cook his Attorny, comes and doth defend the force and injury when, &c. And saith, That the aforesaid John Wiseman, his Action aforesaid against him ought not to have, because he saith, That well and true it is, That the aforesaid Thomas Wiseman, the Father was seised of the Island aforesaid, in his Demesn as of Fee, And that the said Thomas demised unto the said Richard Barnard the Moiety of the Island aforesaid with the Appurtenan­ces, And that the said Thomas Wiseman the Father, by his aforesaid Te­stament and last Will, willed and bequeathed to the abovesaid Thomas Wiseman, the Son the aforesaid Reversion, of the said aforesaid one Moiety of the said Island aforesaid, and the other Moiety of the said Island in form aforesaid, And that the said Thomas Wiseman the Son, By virtue of the bequest aforesaid, was seised of the one Moiety of the Island aforesaid, in his Demesn as of Fee tail, and of the Reversion of the o­ther Moiety thereof in Demesn as of Fee tail and Right, that is to say, to him and the heirs males of his Body lawfully begotten, as the aforesaid John Wiseman by his Declaration aforesaid above supposeth: But the said Richard Barnard further saith, That the said Thomas Wiseman the Son, of the one Moiety of the Island aforesaid, and of the Reversion of the other Moiety in [...]orm aforesaid being seised, One John Godfrey the 9 ^th. day of June, in the yeer of the Reign of the said Lady the Queen that now is, the 26 ^th. sued forth out of the Court of the Chancery, of the said Lady the Queen that now is, in the said Court of Chancery at Westminster aforesaid, then being, a certain writ of the said Lady the Queen, of Entry upon Disseisin in the Post against the said Thomas Wiseman, by the name of Tho­mas VViseman Gent. of the Island aforesaid with the Appurtenances, amongst other things, to the Sheriff of the County of Essex directed, by which Writ, the said Lady the Queen that now is, then commanded the said Sheriff, that the said Sheriff should command the said Thomas VViseman the Son, that truly and without delay, he should render to the said John Godfrey the Island aforesaid, with the Appurtenances, amongst other things, by the name of the Mannor of Mockinghall, with the Appur­tenances, and 22. Messuages, 3. Dove-houses, 23. Gardens, 430. A­cres of Land, 162. Acres of Meadow, 460. Acres of Pasture, 22. A­cres of Wood, 110. Acres of Furrs and Heath, 400. Acres of Marsh, as of 50. shillings of Rent, with the Appurtenances in Barlinge the great, Staubrigge great, Wakeringe, little Wakeringe, Leigh, Shopland, Roch­ford, Prt [...]lewell, Benfl [...]t, Foulnes, Althorpe, Thundersley, Hadley, Great Baddowe, Great Totham, and Gouldhanger, which he claimed to be his Right and his inheritance, And into which the said Thomas Wiseman, then had not entry, but after the Disseisin, w ^ch Hugh Hunt unjustly, & with­out Judgement, did to the said John Godfrey, within 30. yeers then last past, as he then said, And whereof he then Complained, That the said Thomas VViseman the Son, him then did deforce, And unlesse he should do it, and the aforesaid John Godfrey should then make the said Sheriff secure his clamour to prosecute, then he summon by good summons the aforesaid Thomas Wiseman the Son, that he be before the Justices of the said Lady the Queen here at VVestminster aforesaid, from [Page 41] the day of Holy Trinity, in 15. dayes then next following, to shew wholly he did not, &c. And that the said Sheriff should have here the summons, and the said Writ: At which 15. dayes of Holy Trinity, before Edmond Anderson K ^t. 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 VViseman the Son, in their proper persons, And Thomas Lucas K ^t. 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 Iohn Godfrey found to the said Sheriff pledges to prosecute his Writ aforesaid, that is to say, Iohn Doo, and Richard Roo, And that the said Thomas VViseman the Son, was summoned by Iohn Den, and Richard Fen: Whereupon the said Iohn Godfrey, in his proper person in the said Court, here declaring upon his Writ aforesaid, then demanded against the said Thomas VViseman the Son, the Mannors, 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 past, And whereupon then he said, That he himself was seised of the Mannors, Tenements, and Rent 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, &c. And into w ^ch &c. And thereupon he then brought Sute, &c. And the said Thomas VViseman the Son, in his proper person then did defend his Right when, &c. And thereof vouched to Warranty David Howel, who then was present in Court in his own person, and freely the Mannor, Tenements, and Rents aforesaid, with the Appurtenances to him did then warrant, up­on which the said John Godfrey then demanded against the said David, then Tenant by his Warranty, the Mannor, Tenements, and Rents afore­said, with the Appurtenances in form aforesaid, &c. And whereupon he then said, That he himself was seised of the Mannor, 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, &c. and in which, &c. and thereup­on he brought his Sute, &c. And the said David Howel, Tenant by his Warranty, then defended his Right when, &c. And then said, That the aforesaid Hugh did not disseise the said John Godfrey, of the Mannor, Tenements, and Rents aforesaid, with the Appurtenances, as the said Iohn by his Writ and Declaration aforesaid above supposed; And upon that then put themselves upon the Country: And the said John God­frey, then demanded license thereof to imparle. And he then had it, &c. And the said Iohn retorned back unto the same Court, in the said Term in his proper person. And the said David, although solemnly demanded then 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 Iohn Godfrey, should recover his seisin against the said Thomas Wise­man the Son, of the Mannor, Tenements, and Rent aforesaid with the Appurtenances, and that the said Thomas should have of the Land of the said David to the value, &c. And that the said David should then be in mercy, &c. And thereupon the aforesaid Iohn Godfrey, then demand-the Writ of the said Lady the Queen, to the said Sheriff of the County [Page 42] aforesaid to be directed, to gve him full seisin of the Mannors, Tene­ments, and Rent aforesaid, with the appurtenances, And which was to him then granted retornable here without delay, &c: And afterwards that is to say, The 8 ^th. day of Iuly, the self same Term came unto the said Court, the aforesaid Iohn 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 4 ^th. day of Iuly, then last past, deli­vered to the said J. Godfrey full seisin of the Mānor, Tenements & Rents a­foresaid with the appurtenances, as by the said Writ he was cōmanded; Which Recovery and Execution thereupon in form aforesaid prosecu­ted and had, was to the use of the said Thomas Wiseman the Son, and his Heires for ever. By virtue of which, and of the said Statute in Parlia­ment, of the said Henry late King of England the 8 ^th. at Westminster afore­said, the 4 ^th. day of February, in the year of his Reign the 27 ^th. of trans­ferring of uses into possessions held, published, and provided, The said Thomas VViseman the Son, was seised of the said Reversion of one Moyety 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, dyed of such his estate so thereof seised, after whose death, The aforesaid Reversion of the one Moyety of Island afore­said with the appurtenances, amongst other things to Elizabeth, now the Wife of Richard Jeunius, and Dorathy VViseman, as Sisters and Heires of the said Thomas VViseman the Son, which Elizabeth and Dorathy 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 Iohn VViseman his Action aforesaid, against him ought to have, &c. And upon this, The said Iohn VViseman prayeth license to imparle here until the next day after the Holy Trinity, and hath it, &c. And the same day is gi­ven to the said Richard here, &c. And the said Iohn VViseman 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 8 ^th. the most Dear Father of the Lady the Queen that now is at VVestminster, in the County of Middlesex, the 22 ^d. day of Ianuary, in the year of his Reign the 34 ^th. begun and there then holden, and afterwards by divers progations continued untill the 12 ^th. day of May, in the year of the Reign of the said late King Henry the 8 ^th. the 35 ^th. 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 8 ^th. and especially the said late King chiefly 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, Mannors, 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 limitatiō of the said gifts, to the intent that the Recōpence 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 [Page 43] remembrance the profit that they have and take by the service of their Ancestors, done to the Kings of this Realm of England, and thereby be the better incouraged to do the like service to their Sovereign Lords, as to their duty and Allegiance appertaineth; And because divers such Donees in tail, and their Heirs daily before the making of the Act afore­said, have suffered by their assent false and feigned Recoveries to be had against them, with common Voucher, or otherwise, of Mannors, Messuages, Lands, Tenements, or Hereditaments, so given or pro­vided in tail, by the aforesaid Lord the King, or his Noble Progenitors as is aforesaid, to the intent by fraud, loin, and undue meanes, not only to binde and defraud their Heirs inheritable, by the limitation of such gifts, but also the said Lord the King of his prerogative, Wardship, primer seisin, and other his rights, whereby Questions, and diversity of opinions have risen, and yet be, Whether such false and feigned Reco­veries against such Tenants in tail by their own consents, of Lands, Tenements, or Hereditaments, of which the Reversion or the Remain­der were in the King at the time, of such Recovery or Recoveries had, should after the death of Tenant in tail, binde the Heirs in tail or not, For full Declaration thereof, and to avoid and extinct from henceforth diversities of opinions in the like Cases. It was enacted by the said Act, That no such feigned recovery from henceforth after to be had, by assent of parties against such Tenant or Tenants in tail, of any Lands, Tenements, or Hereditaments, whereof the reversion or remainder at the time of such recovery, should be in the Lord the King, should binde or conclude the Heirs in tail, whether any Condition or Voucher should be, in any such feigned recovery or not, but that after the death of eve­ry such Tenant in tail against whom any such recovery should be had, the Heirs in tail might enter, have, and injoy, the Lands, Tenements, and Hereditaments, so recovered according to the form of the gift in tail, the said Recovery or any other thing or things hereafter to be had and suffered, by or against any such Tenant in tail to the contrary notwith­standing. And further by the said Act, by authority of the said Parlia­ment, It was enacted, That the Heirs of every such Tenant in tail against whom any such feigned Recovery should be had, should take no advan­tage for any Recompence in value against the Voucheenor his Heirs, as by the said Act amongst other things, more fully it appeareth: And the said Iohn further saith, That the said Thomas so of the aforesaid one Moyety of the Island aforesaid, and of the R [...]version of the other Moyety thereof in form aforesaid being seised, The Recovery aforesaid, in form afore­said, by the said Iohn Godfrey, against the beforesaid Thomas Wiseman the Son, was had and executed contrary to the form of the Statute aforesaid, and this he is ready to aver; Wherefore he demands Judgement and his Debt aforesaid, together with his Damages by occasion of the detaining of the said Debt to be ajudged unto him, &c. And the said Richard Bar­nerd saith, That the aforesaid Plea of the aforesaid Iohn Wiseman, above by Replication pleaded, and the matter in the same conteined, are not sufficient in Law to maintain the said Iohn to have his aforesaid Action gainst the said Richard, and that he unto the Plea aforesaid, in manner and form aforesaid, pleaded, needeth not to answer by the Law of the Land. And this he is ready to aver, wherefore for de­fault [Page 44] of sufficient Replication of the said Iohn in this part, The said Richard demandeth Judgement, and that the said John from ha­ving his Action aforesaid against him be Barred, &c. And the said John Wiseman for as much as he sufficient matter to have his Action against the said Richard by the Replication aforesaid hath alleged, which he is ready to aver, which matter the aforesaid Richard doth not deny, nor to the same doth any wayes answer, but doth altogether refuse to admit the averment aforesaid, As before he demandeth Judgement and his debt a­foresaid, together with his damages for the deteining of his debt to be adjudged unto him, &c. And because the Justices here will advise of, and upon the premises before they give Judgement thereof, day is given to the parties aforesaid here in 8 ^bis. of Saint Michael, to hear their Judge­ment, because the Justices here are not yet, &c. at which day here come as well the said John Wiseman, as the said Richard Barnard by their Attorneys aforesaid, upon which the Plea of the said John VViseman upon the Repli­cation pleaded being seen, and by the Justices here fully understood. It seemeth to the Justices here, that the said Plea, and the matter in the same conteined, are not sufficient in Law for the said John to have and main­tain his Action aforesaid against the said Richard, Therefore, it is granted, That the said John take nothing by his Writ aforesaid, but that he be in mercy for his false clamour: And that the said Richard go thereof with­out day, &c.

Debt.
Hillary Term, 34. Eliz. in the Kings Bench, Rott. 169. Westbies Case, Co. 3. part.

MEmorandum, that at another time, that is to say, the Term of Saint Lond. ss. Michael last past, before the Lady and Queen at Westminster, came Titus VVestby by Thomas Cooke his Attorney, and brought here in the Court of the said Lady the Queen then here his Bill against Thomas Skinner, and John Catcher late Sheriffs of London, in the Custody of the Marshal, &c. of a Plea of Debt. And are Pledges of Sute, Iohn Doo, and Richard Roo: Which Bill followeth in these words, ss. London, ss. Titus VVestby complaineth of Thomas Skinner, and Iohn Catcher late Sheriffs of London, in the Custody of the Marshal of the Marshalsey of the Lady the Queen, before the Queen her self being, of a Plea, that they render to him 440. pound of lawful Money of England, which they owe him, and unjustly do detein, for that. That is to say, That whereas one Thomas Smith Gent: Edward VVinter Gent. Anthony Bastard Gent. by the names of Thomas Smith, of Camden, in the County of Glocester Gent. Of Edward VVinter of VVor­thington, in the County of Leicester Cent. and Anthony Bastard of Alderbu­ry, in the County of Oxford Gent. the 20 ^th. day of Ianuary, in the year of the Reign of the Lady the Queen that now is, the 29 ^th. day at VVestmin­ster, in the County of Middlesex, before Christopher VVray Knight, then [Page 45] 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 VVestbie, Citizen & Merchant Taylor of London, or to his certain Attorny, shewing the said writing his Heirs, or Executors, in the feast of the Annunciation of the blessed Mary the Virgin then next following, and if they should make default in the payment of the debt aforesaid, Then the said Thomas Smith, Edward VVinter, 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 payed, 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 30 ^th. One Iohn Chomley Esquir, the Clark of then said Lady the Queen that now is, the Recog­nisance for debts, to be recovered according to the form of the Satute 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 VVestminster aforesaid then being, at the request of the said Titus did Certifie, And the said Titus thereupon afterwards, that is to say, the 31 ^th. day of August, in the year of the Reign of the said Lady the Queen that now is, the 30 ^th. aforesaid, sued forth out of the said Court of Chan­cery at VVestminster 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 VVinter, and Anthony Ba­stard, the 20 ^th. day of Ianuary, in the year of the Reign of the said-Lady the Queen that now is, the 29 ^th. before Christopher VVray 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 then next follow­ing, and the same day of issuing out of this Writ had not payed, 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 VVinter, and Anthony Bastard, if they were Lay­men, to take, and in the prison of the said Lady the Queen that now is, untill the said Thomas VVestbie 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 apprize, and seize into the Lands of the said Lady the Queen, that the same to the beforesaid Titus, untill to him of his debt aforesaid, he should be fully satisfied, they should make delivery, according to the form of the Statute at VVestminster, 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. dayes of Saint Martin then next coming wheresoever it [Page 46] should then be by their Letters Sealed, and that they should have there the said Writ, which said Writ the said Thomas VVestbie afterwards, and before the said 15. day of Saint Martin, that is to say, the 8 ^th. day of Sep­tember, in the year of the Reign of the said Lady the Queen that now is, the 30 ^th. 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 Iohn 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 Iohn Catcher as before is said made, was a Layman, and yet is a Layman, And that by virtue of rhe said Writ after and before the Retorn thereof, that is to say, The said 8 ^th. day of September, in the year of the Reign of the said Lady the Queen that now is, the 30 ^th. aforesaid, the aforesaid Thomas Skinner, and Iohn 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 exigencie of the said Writ; and the said Anthony, under the Custody of the said Thomas Skinner, and Iohn 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 20 ^th. day of Octo­ber, in the 30 ^th. 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 Iohn Gatcher, although of­ten requested, &c. the aforesaid 440. pound to the said Titus have not yet rendred, but have hitherto denyed 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 Sute, &c. 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 Iohn Catcher, had license to imparle to the said Bill, and then to answer, &c. before the Lady the Queen at Westminster, come as well the said Titus Westbie, by his Attorny aforesaid, as the said Thomas Skinner, and Iohn Catcher, by Christopher Rust their Attorny; And the said Thomas Skinner, and Iohn Catcher defend the force and injury when, &c. 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 delareth: And of this they put themselves upon the Country; And the said Titus likewise, &c. Therefore a Jury came before the Lady the Queen at Westminster, upon Saturday next after 15. dayes of Easter. And who neither, &c. To Recognize, &c. Because as well, &c. The same day is given to the parties aforesaid here, &c. 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, untill Monday next after three Weekes of Holy Trinity then next following, [Page 47] Unlesse the Beloved and Faithful of the said Lady the Queen, Iohn 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. dayes of Holy Trinity, at Guildhall London, by form of the Statute, &c. cometh for default of Jurors, &c. At which Monday next after three Weekes of Holy Trinity before the Lady the Queen at VVestminster, come the parties aforesaid, by their Attornies aforesaid, and the before said Chief Justice before whom, &c. sent here his record before him had in these words, That is to say; Afterwards the day and place within contained, before Iohn Popham K [...]. Chief Justice, within written associating to him Thomas Povey, by the form of the Statute, &c. came as well the within named Titus VVestbie, as the within written Thomas Skinner, and Iohn Catcher by their Attornies 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 Pannel, and some of the said Jurors now appeared, that is to say, Iohn Sly, Thomas VVorship, Arthur Parkins, William Tegoe, & Iohn VViggenton, 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 Standers by, chosen by the Sheriffs of London, at the request of the said Titus VVestbie, and by the command of the Chief Justice afore­said were new put, whose names are fyled to the Pannel 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, Iohn 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, tryed, and sworn, say upon their Oath, That the within written Thomas Smith, Edward Winter, and Anthony Bastard, the within written 21 ^th. day of Ia­nuary, the 29 ^th. 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 Seales, 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, shewing that writing, their Heirs, or Executors, in the within written Feast of the Annunciation of the blessed Mary the Virgin then 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 11 ^th. day of April, in the year of the Reign of the said Lady the Queen that now is, the 30 ^th. within written, by the within named Iohn 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, [Page 48] 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, & Iohn Catcher alledged: And that thereupon the said Titus after­wards, that is to say, the within written, the 31 ^th. day of August the 30 ^th. 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, then 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 seised, 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. dayes of St. Martin then 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 8 ^th. day of September, in the 30 ^th. 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 8 ^th. day of September, in the 30 ^th. year aforesaid, was in the Goale of the said Lady the Queen that now is of Newgate, under the Custody of the said Tho. Skinner, and J. Catcher, then Sheriffs of London aforesaid, in Execution at the sute 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 Iohn Catcher, then being Sheriffs of London within written, the 8 ^th. day of September, the 30 ^th. 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 Iohn Catcher declared; And that the said Anthony Bastard so taken and arrested, under the custo­dy of the said Thomas Skinner, and John Cacther, then 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 [Page 49] 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 20 ^th. day of October, in the 30 ^th. 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 fu [...]ther, the said Jurors say upon their Oath aforesaid, That then, That is to say, The 20 ^th. day of October, in the 30 ^th. year aforesaid, The said Thomas Skinner, and Iohn 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 Iohn 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, ought 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 her self being. And if it shall seem to the said Court, That the said Thomas Skinner, and Iohn 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 Iohn Cacther, do owe to the said Titus VVestbie, the said 440. pounds, in manner and form as the said Titus within against them declared: And they do also assesse the damages of the said Titus Westbie, by occasion of detaining of the said Debt, besides his charges and costs by him about his Sute 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, &c. 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. dayes of St. Michael, for to hear their Judgement thereof, &c. because the Court of the Lady the Queen here thereof not yet, &c. Before which day, the Plaint afore­said was Adjorned, by the Writ of the Lady the Queen of Common Ad­jornment, before the Queen at Westminster, until the day of St. Michael in a moneth; At which day, the Plaint aforesaid, was further adjorn­ed by another Writ of the Lady the Queen of Common Adjornment, before the Queen, until the next of All Souls then next following, at the [Page 50] 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 Attornies 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, untill 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, &c. And so from Term to Term un­til Thursday next after 8. dayes of St. Hillary, to hear their Judgement, &c. cause the Court of the Lady the Queen here, &c. At which day be­before the Queen at Westminster, came the parties aforesaid by their At­tornies 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 seemes to the Court of the Lady the Queen that now is here, That the said Tho. Skinner, and John Catcher, ought 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, &c. 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 proceedings 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 her self were sent, The aforesaid Thomas Skinner, and John Catcher, in the Court of the Exchequer aforesaid, divers matters for Er­rors, in the Record and Proceedings 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 Proceedings 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 proceedings 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 vitious 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 [Page 51] 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. shilings, 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, &c. And thereupon the Record aforesaid, as also the proceed­ings thereupon before the Justices of the Common Pleas, and the Barons of the Exchequer aforesaid, in the premises had before the Queen wheresoe­ver, &c. by the Justices and Barons aforesaid, were sent back, according to the form of the Statute aforesaid, &c. And in the same Court of the said Lady, now here before the Queen, they remain, &c.

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 27 ^th day of January, this Term, by John Hawkesworth his Attorny, and complaineth against Edward Griffin present here in Court, the same day by Richard Hatton his Attorny, of a Plea of Trespasse and Ejectment of him out of his Farm, for that, viz. That whereas one Thomas Bowes, Mr. of Artes, the 10 ^th. day of January, in the yeer 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 letten, to the said Henry Page, one Capital Messuage, 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 Lyon, together with all Shops, Sellers, Chambers, Places, Easements, Advantages, Profits, and Commodities, with their appurtenances whatsoever, to the said Messuage belonging, or in any wise appertaining, To have and to hold the said Messuage, and all o­ther the premises with their appurtenances, to the said Henry Page, his Executors, Adminstrators, and Assignes, from the Feast of the Birth of [Page 52] our Lord then last past, untill the end and Term of 6. years, from thence next and immediately following to be compleat and ended; By virtue of which Demise, the said Henry Page into the Messuage aforesaid with the appurtenances entred 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 Armes, &c. into the Messu­age aforesaid, which the said Thomas Bowes to the said Henry in form afore­said demised, for the Term aforesaid which is not ended, entred, and the said Henry from his Farm aforesaid thereof (his Term aforesaid not ended) did eject, expell, 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 satisfie the Queen that now is, the Debts which to the said Queen he oweth at her Exchequer, And thereupon he bringeth Sute, &c. Pledges of Sute, John Doo, and Richard Roo. 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 license to imparle, and then to answer, come here as well the said Henry Page, as the said Edward Griffin by their Attornies aforesaid, and the said Henry demandeth that the said Edward Griffin answer him in the premises, &c. And upon this, The said Edward Griffin, by his aforesaid Attorny cometh and defendeth the force and injury when, &c. And saith, That he of the Trespasse 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 Moneth 12. &c. of the Nigh­bourhood of the Parish of St. Mary Wolnoth, in the Ward of [...]augborn, with­in the City of Lond. whereof every one, &c. by whom, and who never, &c. And the same day is given to the parties aforesaid here, &c. At which day, come the parties aforesaid, by their Attornies 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 Pan­nel 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, &c. So, &c. 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, then here distinctly and openly taken, be had here at the aforesaid Wed­nesday, And it is said to the parties aforesaid, that they be before the said Chief Baron at the Guild-hall aforesaid the said Tuesday, and that they be here the said Wednesday, to hear Judgement upon the vredict of the inquisition aforesaid, if, &c. At which day come the said Parties by their Attornies aforesaid; And the said Chief Baron delivered here the tenor of this Plea, together with the Writ of Distringas, of the Jurors aforesaid, with the Pannel of the names of the Jurors, to the said Writ [Page 53] annexed, and to the said Tenor fyled: Which Tenor is indorsed thus: Afterwards the day & place within contained, before Roger Manwood, Kt. Chief Baron of the Exchequer, of the Lady the Queen, associating to him Walter Morley, Gent. by the form of the Statute, &c. came as well the within named Henry Page, as the within written Edward Griffin by their Attornies within mentioned. And the Jurors whereof mention is within made, being called, some of them, that is to say, John Palmer, Thomas James, Thomas Thomas, George Maunsell, Thomas Bagnill, and Robert Bilborough, and in Jury aforesaid were sworn, and because that the rest of the Jurors of the said Jury did not appear, Therefore other of the standers by, by the Sheriffs chosen at the request of the said Henry Page, by the Command of the said Chief Baron, were anew put, whose names are fyled to the Pannel within written, according to the form of the Sta­tute in the such case made and provided, and the Jurors so anew chosen and put, that is to say George Clarke, John Barnes, George Ganbie, Thomas Staubauke, William Sutton, and George Roberts, being called, like­wise came, who being together with the other Jurors aforesaid, first im­pannelled, sworn to say the truth of the premises within contained, chosen, tryed, and sworn, say upon their Oath; That the City of London is an ancient City, and that all Lands, and Temenents, within the said City are, and time whereof the memory of Men is not to the con­tr [...]ry, were deviseable and bequeathable by Testament in Writing, And that long before the time within written, when it is supposed the Trespasse and Ejectment to be done, That one Martin Bowes, Kt. was seised of the Messuage within mentioned, with the Appurtenances a­mongst other things in his Demesn as of Fee, and that the said Martin Bowes had issue of his body lawfully Begotten, one Thomas Bowes, and that the said Thomas, had issue of his body lawfully begotten, Martin Bowes, and the within named Thomas Bowes, and one George Bowes; And also the Jurors say upon their Oath aforesaid, That the aforesaid Martin Bowes Kt. before the time in which, &c. that is to say, the 29 ^th. day of July, in the year of the Reign of the Queen that now is, the 8 ^th. made his Testament and last Will in writing, and by the same amongst other things, Willed and Bequeathed to the said Thomas Bowes his Son, the Messuage aforesaid, with the Appurtenances amongst other things, for the Term of the life of the said Thomas, without impeachment of Waste, and after his de­cease, then the said Martin Bowes K [...]. by his Testament aforesaid, Willed that the said Messuage aforesaid, amongst other things, should remain to the said Martin Bowes, the Son of the said Thomas Bowes, To have and to hold to the said Martin, Son of the aforesaid Thomas, and the Heirs males of his body lawfully begotten, And for default of any issue, That then the Messuage aforesaid with the Appurtenances, amongst other things, should wholly remain to the said Thomas Bowes, second Son of the said Thomas Bowes, Son and Heir of the said Martin Bowes Knight, and the Heirs males of his body lawfully begotten, And for default of such is­sue, that then the Messuage aforesaid with the Appurtenances amongst other things, should wholly remain to the said George Bowes third Sō of the said Thomas Bowes, Son and Heir of the said Martin Bowes Kt. and the Heirs males of his body lawfully begotten, And for default of such issue, that then the Messuage aforesaid, amongst other things, with the Appurte­tenances, [Page 54] should wholly remain to the Heirs males of the body of the said Thomas Bowes, Son and Heir apparent of the said Martin Bowes Kt. law­fully begotten. And for to default of such issue, That then the Messu­age aforesaid, with the Appurtenances, amongst other things, should wholly remain to one Martin Bowes, Son and Heir apparent of one Martin Bowes, of Jenkins, in the Parish of Barking in the County of Essex, Esq. and the Heirs males of his body lawfully to be begotten: And for default of such issue, That the Messuage aforesaid, with the Appur­tenances, amongst other things, should wholly remain to the Heirs males of the body of the said Martin Bowes of Jenkins lawfully begotten, And for default of such issue, That then the Messuage aforesaid, with the Appurtenances, amongst other things, should wholly remain to one Will. Bowes, son of the aforesaid Martin Bowes, Knight, & the Heirs males of his body lawfully begotten, & for default of such issue, that then the said Messuage with the Appurtenances amogst other things, should remain to the right Heirs of the said George Bowes for ever. And the aforesaid Martin Bowes Kt. of the Messuage aforesaid, with the Appurtenāces, amongst other things in his Demesn as of Fee, in form aforesaid being seised, afterwards and before the time in which, &c. that is to say, the first day of October, in the year of the Reign of the said Lady the Queen that now is, the 8 ^th. dy­ed of the Messuage aforesaid, with the Appurtenances, amongst other things, in form aforesaid seised, After whose death, The said Thomas Bowes, Son and Heir of the said Martin Bowes Kt. into the Messuage afore­said, with the Appurtenances, did enter, and was thereof, amongst o­ther things seised in his Demesn as of Free hold, for the Term of his life, without Impeachment of Waste, according to the form and effect of the Testament aforesaid, with the remainder thereof in form aforesaid ex­pecting: And the said Thomas Bowes so being thereof seised, before the time in which, &c. that is to say, the 19 ^th. day of December, in the year of the Reign of the said Lady the Queen that now is, the 14 ^th. by a cer­tain Indenture between the said Thomas Bowes, of the one party, and one William Peltham Esq. of the other party made, bearing date the same day and year, and in the Court of Chancery of the said Lady the Queen that now is, at Westminster in the County of Middlesex, then being with in 6. Moneths then next following, in due manner of Record inrolled, 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 shewed in Evidence, For and in consideration of a certain summ of Money to the said Thomas, by the aforesaid William Pe­tham Esq. before hand payed, bargained, and sould to the said Willi­am Petham, The Messuage aforesaid, with the Appurtenances, amongst other things, To have, to him and his Heirs and Assignes for ever, The Tenor of which Indenture followeth in these words. This Indenture made the 19 ^th. day of December, 1571. And in the 14 ^th. year of the Reign of our Sovereign Lady Elizabeth, by the Grace of God, Queen of England, France, and Ireland, Defender of the Faith, &c. 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 Queens Majesties Ordnance of the other party, Witnesseth, That the said Thomas Bowes, [Page 55] for and in consideration of the summ 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, ex [...]nerate, and discharge the said William Pelham, his Heirs, Executors, Administrators, and Assignes, 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 Assignes forever, All those 8. Messuages, or Tenements, with the Appurtenances, situate lying and being in the Parish of St. Mary VVoolnoth, 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 Ryding Cloathworker, Citizens of London, Ellin Witten, and Elizabeth Banester of London Widowes, or their several Assignes, to­gether with all and singular Shops, Sellers, Yards, Back-sides, void Ground [...], Easements, Wayes, 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, parcell, 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 ought to have, of in or to the said 8. Messuages, and o­ther the premises, or any part or parcell of them, or any of them: And also the said Thomas Bowes 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 VVilliam Pel­ham, his He is and Assignes for ever: As well the severall Counterpaines, of the Indentures o [...] leases, made, demised, and granted, of the aforesaid several Messuages, or Tenements, As also all and every the Deeds, E­vidences, Charters, Court-Rolls, Rentalls, Escripts, Miniments, and Writings, touching, or in any wise concerning the premises, or any part or parcell 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 Assignes, and every of them, to and with the said VVilliam Pelham, his Executors, Administrators, and Assignes, and eve­ry of them by these presents, to deliver or cause to be delivered to the said VVilliam Pelham, his Heirs, Executors, Administrators, or Assignes, At or before the Feast of the Nativity of St. John the Baptist next insuing, after the Date of this Indenture, Together with the true Copies of all such other Deeds, Evidences, Charters, Court Rolls, Rentalls, Miniments, and Writings, as concern the said mentioned premises, and other Lands, Tenements, and Hereditaments, not bargained by these presents, To [Page 56] have and to hold all and singular the aforesaid Messuages and other the premises with the Appurtenances, and every part and parcell thereof by these presents, bargained and sold unto the said VVilliam Pelham his Heirs and Assignes forever, to the proper use and behoof of the said VVilliam Pelham, his Heirs, and Assignes 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 VVilliam Pelham, his Heirs, Executors, Administrators, and Assignes, by these presents, That all and singular the said 8. Messuages, 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 VVilliam Pelham, his Heirs and Assignes for ever, clearly acquitted, discharged, or otherwise sufficiently saved harmlesse, by the said Thomas Bowes, his Heirs, Executors, Administra­tors, or Assignes, of and from all Bargaines, Sales, Joyntures, Dowers, Judgements, Executions, Intrusions, Fines, Alienations, and all other charges, duties, and incombrances whatsoever, heretofore had, made, done, or suffered by the said Thomas Bowes, or his Assignes, or by any other person or persons, the several Leases heretofore made and granted of the premises, now standing in their full force, onely 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 Assignes, to and with the said VVilliam Pelham, his Heirs, Executors, and Assignes, That the several Rents thereupon re­served, shall and may have continuance, and be payable to the said VVil­liam Pelham, his Heirs and Assignes, 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 Assignes, and every of them, covenant, grant, and agree, with the said William Petham, his Heirs, Executors, Administrators, and Assignes, 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. Messuages, and o­ther the premises, with their Appurtenances, and every part and parcel thereof, And that he is sole lawfully and rightfully seised of a good and perfect estate in Fee simple or Fee tail, in his own right, and to his own use onely, and without condition or other defeasance, of all the said 8. Messuages, 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 parcell thereof, shall and will at the costs and charges in the Law of the said VVill. Petham, his Heirs and Assignes, at all and every time and times hereafter, during the Term of Four years next insuing the date thereof, at the reasonable request of the said William Pelham, his Heirs or Assignes, do cause, procure, and suffer to be done, All and eve­ry such reasonable and further act or acts, thing or things, devise, or de­vises, [Page 57] 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 injoyed, conveyed, and assured to the said VVilliam Pelham, his Heirs and Assignes, be it by Fine, Feoffment, Recovery, Deed, or Deeds, Inrolled, Inrolement 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 VVilliam Pelham, or by the Council learned in the Lawes of this Realm of the said VVilliam Pelham his Heirs or Assignes: And that the said 8. Messuages and other the premises by these presents, bargained and sold, now are of the cleer 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 cleer 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 Bowes, 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 Inrollment 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 8 ^th. at Westminster, in the County of Middlesex. the 4 ^th. day of February in the 27 ^th. year of his Reign, holden, made, and pro­vided, The said William Pelham was seised of the Messuage aforesaid with the Appurtenances amongst other things, in which, &c. as the Law requireth: And the said VVilliam so being thereof seised, before the time in which, &c. A certain Recoverie 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 Patricke, demandants against the said Willi. Pel­ham, then Tenant of the said Messuage, with the Appurtenances amongst other things, in which, &c. 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 14 ^th. 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. [Page 58] ss. Elizabeth by the grace of God, of England, France, and Ireland, Queen, defender of the faith, &c. To the Mayor and Sherifs of London greeting, We command you full Right, you do to Nicholas Parker, and Simon Pa­tricke, of 8. Messuages, 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 VVilliam Pelham Esquire, deforced them, that no more clamor thereof we hear for defect of Right. Witnesse my self at VVestminster, 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 Doo, and Richard Roo, And then and there the said Nicholas Parker, and Simon Patrick, put in their place VVilliam Dalby, their Attorny against the aforesaid VVilliam Pelham, & by the said their Attorny then & there demanded Process, &c. according to the Custom of the City aforesaid, and it is granted unto them, &c. Upon which, then 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 VVilliam Pelham, that he be here at the next Hastings, London of Pleas of Lands, in the Guild­hall of the City aforesaid, according to the Custom of the said City to be holden, to Answer to the said Nicholas Parker, and Simon Patricke, in the same plea here, &c. 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, &c. the 14 ^th. aforesaid, The said Nicholas Parker, and Simon Patrick, by the said VVilliam Dalby their Attorny, came and appeared here, &c. And the Sheriffs of London, that is to say, Hen­ry Mills, and John Branch, now sent and retorned here upon the Precept aforesaid to them directed, That they by virtue of the said Precept som­moned the said VVilliam Pelham to be here at this Hastings, to Answer to the said Nicholas Parker, and Simon Patricke in the plea aforesaid, as to them, &c. by John Doo, and Richard Roo, summoners, &c. Which VVilli­ham at this Hastings, put in his place Roger Coys, and Robert Hogeson, their Attornies, joyntly and severally, against the said Nicholas Parker, and Simon Patricke, in the Plea aforesaid, &c. by VVilliam Fleetwood, Esquire, Recorder of the City aforesaid, &c. And upon this the said Nicholas Par­ker, and Simon Patricke, by the said VVilliam Dalby, their Attorny, demand against the said William Pelham, 8. Messuages with the Appurtenances, situate lying and being in the Parish of St. Mary Woolnotb in the Ward of Langborn, London, as their Right, &c. By the Writ of the said Lady the Queen that now is, of Right Patent, &c. And to hold of the said Lady the Queen, by the free service of 1. penny by the year for all service, &c. And whereupon they say, That they themselves were seised of the a­foresaid 8. Messuages, with the Appurtenances, &c. in their Demesn as of Fee and Right, &c. in time of peace, in the time of the said Lady the Queen that now is, &c. taking the Profits thereof to the value, &c. And that such is their Right they offer, &c: And the said VVilliam Pelham by his Attorny aforesaid cameth and defendeth, the right of the said Ni­cholas Parker, and Simon Patricke when, &c. And the seisin of the said Ni­cholas Parker, and Simon Patricke, of which seisin, &c. and all, &c. and whatsoever, &c. as of Fee and Right, &c. and especially of the said [Page 59] 8. Messuages, with the Appurtenances, &c and vouch thereof to war­ranty, Thomas Bowes of London Esquire, And demand summons in London, by the aid of this Court, to warrant to the said Wiliam Pelham, the said 8. Messuages with the Appurtenances, which the said Nicholas Parker, and Simon Patricke claim against the said VVilliam Pelham, as their Right, &c. And the said Nicholas Parker, and Simon Patricke, by their Attorny a­foresaid willingly grant, That the said William Pelham have his voucher aforesaid: Whereupon upon the Petition of the said Nicho. Parker, and Sim. Patricke, 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, &c. to warrant to the said VVilliam Pelham the said 8. Messuages with the Appurtenances, &c. against the said Nicholas Parker, and Simon Patricke, &c. And the same day was then and there given, as well to the said Nicholas Parker, and Simon Patricke, as to the said VVilliam Pelham in the Plea aforesaid here, &c. 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, &c. the 14 ^th. come as well the said Nicholas Parker, and Simon Patricke, by the said VVilliam Dalby their Attorny, as the said VVilliam Pelham by his Attorny aforesaid; And the Sheriffs of London that is to say, Henry Mills, and John Braunch, now sent and retorned 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. Messuages with the Appurtenances, &c. as to them, &c. by John Doo, and Richard Roo Summoners. And upon this, The aforesaid Thomas Bowes, whom the said William Pelham vouched to warranty, &c. at this Hastings put in his place Roger Coys, and Robert Hogeson his Attornies, joyntly and seve­rally against the said Nicholas Parker, and Simon Patricke, in the Plea afore­said, &c. By William Fleetwood Esq. Recorder of the City aforesaid, &c. And now here at this Hustings, The said Thomas Bowes by the aforesaid Roger Coys, and Robert Hogeson came, and freely the aforesaid Messuages with the Appurtenances &c. To the said Willi. Pelham against the said Ni­cholas Parker, and Simon Patrick did warrant, &c. And thereupon the said Nicholas Parker, and Simon Patricke, by the said William Dalby, their Attorny, demanded against the said Thomas Bowes Tenant, by his war­ranty aforesaid, the said 8. Messuages with the Appurtenances, &c. as their Right, &c. by the Writ aforesaid, &c. in form aforesaid, &c. And whereupon they said, That they were seised of the Messuages aforesaid, with the Appurtenances, &c. in their Demesn as of Fee and Right, &c. in the time of Peace, in the time of the said Lady the Queen that now is, &c. taking the profits thereof to the value, &c. And that such is their Right they offer, &c. And the said Thomas Bowes Tenant by his warrant­ty aforesaid, by the said Roger Coys, and Robert Hogeson their Attornies came, and denyed the Right of the said Nicholas Parker, and Simon Pa­tricke when, &c. And the seisin of the said Nicholas Parker, and Simon Pa­tricke of which deseisin, &c. and all, &c. and whatsoever, &c. as of Fee and Right, &c. and chiefly of the said 8. Messuages with the Appurte­nance, &c. And vouched thereof to warranty, Richard Horsted of London [Page 60] Iremonger, who now is present here in Court in his proper person, and freely the said 8. Messuages with the Appurtentnces, &c. to the said Thomas Bowes did warrant, &c. And upon this, at the Hustings afore­said, The said Nicholas Parker, and Simon Patricke, by the said VVilliam Dal­by their Atterny, demanded against the said Richard Horsted Tenant, by his warranty then and there being in his proper person, the said 8. Mes­suages with the Appurtenances, &c. by the Writ aforesaid, &c. in form aforesaid, &c. as their Right, &c. And whereupon they say, That they were seised of the aforesaid 8. Messuages with the Appurtenances, &c. in their Demesn as of Fee and Right, &c. in time of peace, in the time of said Lady the Queen that now is, taking thereof the Profits to the va­lue, &c. and that such is their right offer, &c. 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 Patricke, when, &c. and the seisin of the said Nicholas Parker, and Simon Patricke, of which sei­sin, &c. and all, &c. and whatsoever &c. and chiefly of the said 8 Messuages with the appurtenances, &c. as of fee and right, and saith, that he hath more right to hold the said 8 Messuages with the appurte­nances as Tenant thereof by his warranty aforesaid to him and his heirs as he now holdeth, then the said Nicholas Parker and Simon Patrick have to demand the said 8 Messuages with the appurtenances, &c. as they above demand, &c. and demand Recognition to him hereupon to be done according to the custome of the City aforesaid, &c. and hereup­on the said Nicholas Parker and Simon Patrick by their Attorny aforesaid prayeth Licence thereof to imparle, and they have it, &c. and after­wards the said Nicholas Parker and Simon Patrick by their Attorny 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, &c. and the said Richard Horsted Tenant by h [...]s war­ranty aforesaid although sollemnly 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 Messuages with the ap­purtenances, &c. 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 Bowes to the value &c. and that the said Thomas Bowes have of the Lands and Tenements of the aforesaid Richard Horsted to the value, &c. and that the said Richard Horsted be in mercy, &c. 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 Messuages 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, &c. at which day, that is to say, [...]t the Hustings of pleas of Lands holden in the Guild-hall London, Mon­day [Page 61] 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 retorned, and certified to the Court here, &c. 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 Messua­ges with the appurtenances, &c. made to have according to the effect of the precept aforesaid, as it was above commanded unto them, &c. as by the said recovery aforesaid under the seal of the office of the May­raltie of the City aforesaid, to the Jurors aforesaid, shewed 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 diverse. And that the said Thomas Bowes Son and heir of the said Martin Bowes Knight, and the said Thomas Bowes in the recovery aforesaid specified whom the said William Pelham vouch­ed thereto warranty, and the said Thomas Bowes 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 raign 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 Messuage aforesaid, with the appurtenances amongst other things entred, and were thereof amongst other things seised. And farther the said Jurors say upon their oath aforesaid, that the recovery aforesaid, of the aforesaid Messuage 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 Bowes 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 Messuage 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 Bowes 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 seised of the aforesaid Messuage, 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 raign of the said Lady the Queen that now is, the 16 ^th. the said Martin Bowes 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, dyed without issue of his Body Lawfully begotten. And that the aforesaid William Pelham of the said Messuage with the appurtenances, amongst other things as before is said, recovered in form aforesaid being seised before the aforesaid time in which, &c. that is to say, the 10 ^th. day of September in the year of the Raign of the said Lady the Queen that now is, the 27 ^th. demysed the said Messu­age 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 then next ensuing until the end and [Page 62] Term of 21 years then next following, By virtue of which demyse, the said Edward Griffin was of the said Messuage 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 29 ^th. the a­foresaid Thomas Bowes, Son of the said Thomas Bowes Son and heir of the said Martin Bowes Knight, into the Messuage aforesaid with the appur­tenances in the declaration aforesaid above specified, upon the posses­sion of the said Edward Griffin thereof entred, and then and there de­mysed, granted, and to farm let to the said Henry Page the said Messuage with the appurtenances to have to him his executors and assignes from the within written feast of the birth of our Lord then last past 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 Messuage aforesaid, with the appurtenances upon the possession of the said Henry Page there­of, did reenter, and the said Henry from the possession of the Messuage 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 messuage 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 lawfull entry in to the said Messuage or not, the Jurors aforesaid are altogether ignorant and pray the advise of the Court here, &c. 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 Bowes Knight, be a lawfull entry, then 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 complayneth, 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 sute 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 Bowes Master of Arts, Son of the said Thomas Bowes, Son of the said Martin Bowes Knight, be not a lawfull 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 untill 8 dayes of Saint Micha­el next comming to hear their Judgment, because the Barons here, thereof not yet, &c. 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. dayes next comming to heare their Judgement because the Barons thereof are not yet, &c. at [Page 63] 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 Lawfull 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 Messuage 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 encrease adjudged, which damages in the whole do amount to 11. pound 4. shillings 4. pence and that the said Edward Griffin be taken, &c. 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 Messuage 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 levyed they have before the Barons here at the aforesaid Term to the said Henry Page, or to his Attorny in this behalf then here to be paid, &c. 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 enrolled in the remembrance of this Exchequer of the 31 ^th. year of the Raign 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 fai [...]h, &c. To the Treasuror 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 grevious 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 31 ^th 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 neer unto the Exchequor, the Record and Process out of the Exchequor, and ta­king [Page 64] 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 Exche­quor aforesaid, to hear their informations and causes of their Judgments and hereupon shall dulie 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 Exchequor to make thereof execution, as in the statute aforesaid more fully is conteyned, 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 Councel 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 my self at Westminster the 6 ^th. day of May in the year of our Raign the 31 ^th. and that afterwards, the said Lady the Queen that now is, sent here another writ under her great seal out of the Chancery to the Treasurer and her Barons of this Exchequor directed which is enrolled in the Remembrancers of the said Exchequer of the 31 year of the now Queen Elizabeth, that is to say, amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said La­dy the Queen here, the Tenor of which writ followeth in these words ss. Elizabeth by the grace of God, of England, France, and Ireland, defen­der of the faith, &c. To the Treasurer and Barons of her Exchequer, greeting, Because in the Record and process, and also in giving of Judg­ment of a plea which was in our Court, before you the aforesaid Barons of our Exchequor aforesaid in Easter Term last past by Bill between Henry Page our Debtor, and Edward Griffin of a certain trespass and Ejectment out of his Farm, to the said Henry by the said Edward done as is said mani­fest Error intervened To the grevious damage of the said Edward as by his complaint we have received, and whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 13 ^th. made amongst other things it was agreed unto and established that in all cases the King and other persons touching where any complaineth of Error done in the Exchequor the Chancellor and Treasurer shall cause to come before them in some Chamber of Councel nigh unto the Exchequor, the Record and process out of the said Exchequor, and taking to them the Justices and o­ther sages, whom they shall think fit to be taken, and also to be called before them the Barons of the Exchequor aforesaid, to hear their informa­tions & the causes of their Judgement, & thereupon shall cause the busi­ness duly to be examined, and if any Error shall be found that they correct the same, and the rolls to be amended. We therefore willing Error if any were according to the form of the statute aforesaid to be amended and full and speedy Justice to be done to the parties in his behalf we command you that if Judgment thereof be given that then the Record [Page 65] and process aforesaid with all concerning the same before our Chancel­lor of Engla [...] and you the aforesaid Treasurer in the Council Chamber neer unto the Exchequer aforesaid, 10 ^th. day of this Instant moneth of June, your cause to come, That the same Chancellor and you the said Treasurer the Record and Process aforesaid being seen, and hearing your informations, you the said Barons further in this behalf of the Council of the Justices and the other sages do that which of right and 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 a [...]terwards, the said Lady the Queen that now is, sent another writ under her great Seal out of her Chancery To the Treasurer and Barons of this Exchequer, directed, which is enrol­led in the Remembrancers of the said Exchequer of 31 ^th. year of Queen [...]lizabeth, that now is, that is to say, amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen, the Tenor of which writ followeth in these words: ss Eliza­beth by the grace of God of England France and Ireland Queen, defendor of the Faith, &c. To the Treasurer and Barons of the Exchequer gree­ting, Because that in the Record and process, and also in giving of Judge­ment which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in Easiher Term last past by Bill, between Henry Page our debtor and Edward Griffin of a certain Trespass and Ejectment of him out of his Farm to the said Henry by the aforesaid Edward Griffin done as is said, Error manifest intervened, to the grievous damage of the said Edward, as by his Complaint we have received. And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 31 ^th. holden, it was amongst other things agreed unto and established, that in all cases the King and other persons touching where any complains of Error done in process in the Exchequer, the Chancellor & Treasurer shall cause to come before them in some Chamber of Council nigh unto the Exchequor the said Record and process out of the said Exchequer, and taking to them the Justices and other sages as to them they shall seem good to be taken, and also to be called before them the Barons of the Exchequer a­foresaid to heare their informations and the causes of their Judgment, and thereupon the business aforesaid duly to be examined; and if any Error shall be sound, the same to be corrected, and the Rolls to be a­mended, and afterwards to send them into the said Exchequer to do ex­ecution thereof as belongeth, as in the said statute is conteyned. We therefore willing Error if any such shall be according to the form of the statute aforesaid to be corrected, and to the parties aforesaid full and speedy Justice to be done in that behalf, Command you, that if Judg­ment be thereof given, Then the Record and process with all touching the same before our Chancellor of England and you the said Treasurer in the Chamber of Councel neer unto the Exchequer aforesaid called the Councel Chamber the 14 ^th. day of October then ollowing, you cause to come, that the said Chancellor and you the said Treasurer seeing, and examining the Record and process aforesaid, and your informations being heard, you the said Barons further in this behalf with the Councel [Page 66] of the Justices and other sages cause to be done what of right and ac­cording to the form of the statute aforesaid is to be done Witness my self at Westminster the 13th. day of June in the year of our Reign the 31th. At which 14th day of October before Christopher Hatton Knight Chancellor of England, and William Cecil Knight, Lord Burghley Trea­surer of the Exchequer aforesaid in the said Chamber neer the Exchequer aforesaid at Westminster, came the said Edward Griffin by Richard Hatton his Attorny, and the aforesaid Traesurer and Barons the 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 Bowes Master of Arts in the Record aforesaid above named was seised of the remaynder of the Messuage 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 Messuage aforesaid with the ap­purtenances in the said Declaration aforesaid specified was not lawfull. 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 yeare 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 Messuage aforesaid with the appurtenances, a­mongst other things, which Thomas afterwards by Summons by his At­torny, appeared in Court, and freely the Messuage aforesaid, to the said William did warrant: and farther vouched to warrant, the afore­said Richard Horsted, who present in the same Court, the Messuage 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 Bowes Master of Arts, of the re­mainder without any demand in the Messuages aforesaid, with the appurtenances to have stood utterly excluded, and for that cause the aforesaid entry of the aforesaid Thomas Bowes Master of Arts, into the said Messuage with the appurtenances after the said Recovery in form aforesaid had, and executed, was unlawfull. 1. Item, in this also it is erred, because it was found, that before any entry of the said Thmas Bowes 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 Messu­age 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 Bowes the Father, &c. who was Tenant for Term of his life, of the Messuage 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 Messuage aforesaid with the Appurtenances, in form a­foresaid, [Page 67] during the life of the said Tho. Bowes 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 processe 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 processe aforesaid, and also the Er­rors aforesaid, and further to do and receive what should be just in the premises, &c. And it was granted to him retornable, upō Tuesday the 28 ^th. day of Octo. next following, &c. At which day, before the aforesaid Chan­cellor and Treasurer, in the Court aforesaid, at Westminster, came the said Henry Page, by his Attorny aforesaid: And the Sheriffs of London, that is to say, Richard Gourney, and Stephen Soame, now sent by Thomas Bickliff, and Humphry Walsingham, good and lawfull 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 Attorny came like­wise, and demanded the hearing of the Record and Processe, as also of the Errors aforesaid. And they are read unto him, &c. which being read and heard, The said Henry Page said, That in the Record and Processe 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 Processe 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, &c. At which day, before the aforesaid Chancellor and Treasurer in the Chamber aforesaid, at Westminster, come the parties a­foresaid, by their Attornies 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, untill Tuseday the 18 ^th. day of November, then next following, to hear their Judge­ment, &c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid, at Westminster, come the parties aforesaid, by their Attornies 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, untill Tuesday the 25 ^th. day of November following, to hear their Judgement, &c. At which day, before the aforesaid Chancellor and Treasurer in the Cham­ber aforesaid, at Westminster, come the parties aforesaid, by their Attornies aforesaid, and because the aforesaid Chancellor and Treasurer are not [Page 68] 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, untill Tuesday the 27 ^th. day of Ja­nuary next following, to hear their Judgement thereof, &c. 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 Attorny aforesaid, as the aforesaid Edward Griffin by Rich. Hatton his Attorny aforesaid, and thereupon the said Henry sayd, 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, untill 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 32 ^d. 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, Sutes, 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 shewed, 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.

Michaelmass Term, 38. & 39. Elizabeth, in the KINGS BENCH, Rot. 551. Ejectione Firme, 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. past, before the Lady the Queen at Westminster, came David Loyd Clerk, by Stephen Worley his Attorny, 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, &c. of a Plea of Trespasse and Ejectment of him out of his Farm: And are Pledges of Sute, John Doo, and Richard Roo, which Bill followes in these words. ss. Buck. ss. David Loyd Clerk, complaineth of Wil. Wilkinson, in the custody of the Marshalsey of the Lady the Queen before the Queen her self being, for that, that is to say, That whereas David Roberts Clerk, Rector of the Parish Church of Chedington in the County aforesaid, the 26 ^th 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 shewed, 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 Assignes, from the day of the date of the In­denture aforesaid, unto the end and Term of 3. years, then next follow­ing, and fully to be compleated; 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, untill the said Wil­liam afterwards, that is to say, the 10 ^th. day of Aprill, in the year above­said, at Chedington aforesaid, with force and armes, &c. 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 sute, &c. With this, that the said David Loyd will aver, That the a­foresaid David Roberts, then Rector of the Parish Church aforesaid, is li­ving, and is in full life, &c. at Chedington aforesaid, &c. And now at this day, Saturday next after 8. dayes of St. Michael this same Term, until which day the said William had license to the Bill aforesaid to imparle, and then to answer, &c. before the Lady the Queen at Westminster cometh as well the aforesaid David Loyd by his Attorny aforesaid, as the said Wil­liam [Page 76] by Richard Bedfield his Attorny, And the said VVilliam defendeth the force and injury when, &c. And saith that he is not thereof guilty, and of this he putteth himself upon the Countrey, And the said David like­wise, &c. Therefore a Jury before the Lady the Queen at VVestminster, Saturday next after 1. moneth of St. Michael, and who, &c. And because, &c. the same day is given to the parties aforesaid there, &c. Of which day, The Jury aforesaid, between the parties aforesaid, was put between them in respite, before the Lady the Queen at VVestminster, unto Thursday next after the moneth of Ester then next following, for want of Jurors, &c. At which day before the Lady the Queen at VVestminster, come as well the said David Loyd, as the said VVilliam VVilkinson by their Attornies afore­said, and the Jurors of the said Jury being called, also appeared, Who to say the truth of the premises being chosen, tryed, and sworn, As to the said 60. Acres of Lands, above in the Declaration aforesaid specified, say upon their Oath aforesaid, That the said VVilliam VVilkinson is not thereof of the Trespasse and Ejectment aforesaid guilty, as the said VVil­liam 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 Trespasse 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 6 ^th. 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, &c. 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, VVilliam Elderker, and Thomas Elderker, by the name of Elizabeth Elderker Widow, late Wife of VVilliam Elderker, Gent. de­ceased, Ralph Elderker, VVilliam Elderker, and Thomas Elderker, Sons of the Body of the first named VVilliam and Elizabeth lawfully begotten, of the other part, which part, with the Seal of the said Nicholas, sealed to the Jurors aforesaid here was shewed in Evidence, gave, granted, and to Farm had letten 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, untill 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 dye, 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 [Page 69] said Elzabeth, 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 dye, 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 VVil. 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 VVilliam to dye, 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 Assignes, as by the said Indenture shewed 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, &c. That is to say, the 12 ^th day of September, in the 3d. year of his Reign, the aforesaid Nicholas then being Rector of the C [...]urch aforesaid, by his Leters Patents under his great Seal of England, and in due manner made, bearing date at Westmin­ster, the said 12 ^th. 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 speci­all Grace, certain Knowledge and meer mention, as also with the Advice and Consent of the Beloved Uncle of the aforesaid Lord the King, the Duke of Somerset, Governour 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 Warrs, 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 As­signes, 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 Lincolne, and of the Rectory and Church aforesaid, of Chedington aforesaid, Ordinary, the Demyse 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 [Page 73] aforesaid shewed, more fully appeared, By colour of which Demyse, 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, &c. 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, dyed: 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 yeer of the Reign of the said Lady Elizabeth, now Queen of England the 16 ^th. at Greenwich, in the County of Kent, dyed 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 VVilliam 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 dyed: 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 yeer of the Reign of the said Lady the Queen that now is the 17 ^th. aforesaid, at Chedington aforesaid, the said Eliz. Elderker likewise dyed 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 entred and was thereof possessed, and so being thereof possessed, the said Ralph El­derker afterwards, that is to say, the 10 ^th. day of May, in the yeer of the Reign of the said Lady the Queen that now is the 18 ^th. at Chedington aforesaid, dyed intestate: And the Jurors aforesaid say, upon their Oath aforesaid, that after and before the time in which, &c. 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 Lecester Gentleman, and Anne his wife late wife of Ralph Elderker, deceased, of the one parte, and one Ralph Celey by the name of Ralph Celey of London Mercer, of the other parte, one parte whereof sealed with the Sea [...]s of the said Ralph Hetherington, and Anne, sealed to the Jurors aforesaid, in evidence likewise shewed, for the Consideration in the said Indenture specified, had, bargained, sold [...]ssigned and set over, to the said Ralph Celey, his Executors, Administra­tors, [Page 75] and assignes, all the Interest, Title, Estate and Term of years then to come and unexpired, in and to the Rectory aforesaid, and the gleabe Lands aforesaid with the appurtenances, to have and to hold to the on­lie and proper behoof, and use of the said Ralph Celey, his Executors and assignes for ever; By virtue of which Assignement the said Ralph Ce­ley into the Rectory aforesaid and the glebe Lands aforesaid with the ap­purtenances entred, and was thereof possessed: And the Juros aforesaid farther say upon their Oath aforesaid, that after, and before the time in which, &c. that is to say, the 16 ^th. 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 diverse goods, and Chattels, rights and Credits, in diverse Diocesses, 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 Primat 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 lawfull 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 20 ^th. day of May in the year of the Reign of the said Lady the Queen that now is the 19 ^th. at Chedington aforesaid, by their certain Indenture with the Seal of the said Ralph Celey sealed, and to the Jury aforesaid given and shewed 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 Rectorie & gleabe Lands with the appurtenances to come and unexpired, to have and to hold to the said John Eden his executors and assignes 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 gleabe Lands aforesaid, with the appurte­nances, entred and was thereof possessed; and the Jurors aforesaid, further upon their Oath aforesaid say, that the said John Eden being so seised of the Rectorie aforesaid, and of the gleabe 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 shewed 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 Rectorie aforesaid, and the gleabe Lands aforesaid with the appurtenances: by reason of which, the said Thomas Tarsburgh into the Rectorie aforesaid with the ap­purtenances entred 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, &c. that is to say, the 23 day of November in the year of the Reign of the said [Page 76] 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 shewed, granted, bar­gayned, 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 gleabe lands aforesaid with the appurtenances entred 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, &c. that is to say, the 27 day of November in the year of the Reign of the said Queen that now is the 36 ^th. at Chedington aforesaid by his Indenture Sealed with the Seal of the said John Agmondesham, and to the Jurors aforesaid here in Evi­dence likewise shewed,, demysed the Rectorie aforesaid and the glebe Lands aforesaid with the appurtenances, to the aforesaid Thomas Tars­burgh Esquire, to have to the said Thomas and his assignes, from the said 27 ^th. day of November, in the 36 ^th. year aforesaid, until the 26 ^th. 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 Rectorie afore­said, and glebe Lands aforesaid with the appurtenance, entred, 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 17 ^th. day of February in the 36 ^th. year aforesaid, at Chedington aforesaid, demised, granted and to Farm let, the Rectorie 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 compleated, 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, &c. 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, entred and was thereof possessed: and so being thereof possessed, the said Michael afterwards and before the time in which, &c. 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 shewed, Granted and as­signed all his Interest Estate, Term of years and demand then to come and unexpited of and in the Rectorie aforesaid, and gleabe Lands afore­said, with the appurtenances, to the said William Wilkinson now defen­dant, By virtue of which grant, the said William into the Rectorie afore­said and the glebe Lands aforesaid with the appurtenances entred, and was thereof possessed: and the said William, so being possessed, the said David Roberts Clerk, afterwards and before the time in which, &c. that is to say, the 11 day of January in the Reign of the said Lady the Queen [Page 77] that now is the 38 ^th. 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, entred, & 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, &c. that is to say, the 26 ^th. day of March, in the yeer of the Reign of the said Lady the Queen that now is the 38 ^th. 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 yeers, then next following, and fully to be compleat and ended. By virtue of which Demise, the said Dav. Loyd afterwards, that is to say, the 27 ^th. day of March, in the yeer of the said Lady the Queen that now is, the 38 ^th. into the Rectory aforesaid, with the Appurtenances, entred, and was thereof possessed, untill the said William Wilkinson afterwards, that is to say, the said 10 ^th. day of April, in the 38th. yeer aforesaid, into the Rectory aforesaid, with the Appurtenances, upon the possession of the said David thereof entred, and him the said David, from thence, his Term aforesaid not yet ended, did eject, expell, 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 re-entry of the said VVilliam VVilkinson, 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 lawfull re-entry 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 her self 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 re-entry of the aforesaid VVil. VVilkinson, into the said Rectory aforesaid, with the appur­tenances, in which, &c. upon the possession of the said David Loyd, be not a good & lawful re-entry in Law, then the Jurors aforesaid, say upon their oath aforesaid, That the aforesaid VVilliam VVilkinson, the said David Loyd, from his Farm aforesaid, of the Rectory aforesaid, with the appurtenances in which, &c. 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 VVil. VVilkinson is guilty in manner and form, as the said David Loyd above declaring hath alleged. And then they assesse the damages of the said David, by the occasiō of the Ejectment and Trespass in the Rectory aforesaid, with the appurtenances, besides his charges and costs, by him in the Sute 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 VVilliam VVilkinson into the Rectory aforesaid with the appurtenances, upon the [Page 78] possession of the said David thereof, in the from aforesaid made, be a good and lawful re-entry in Law, Then the aforesaid Jurors say upon their Oath aforesaid, That the said VVilliam VVilkinson is not guilty of the Trespasse and Ejectment of the Farm aforesaid, as to the Rectory aforesaid with the appurtenances, as the aforesaid VVilliam VVilkinson 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 VVestminster, untill Fryday next after the morrow of the Holy Trinity, to hear their Judgement thereof, &c. because the Court of the said Lady the Queen here are not yet, &c. At which day, before the said Lady the Queen at Westminster, come the parties aforesaid, by their Attornies 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, untill Monday next after 8. dayes of St. Michael, to hear their Judgemen thereof, &c. because the Court of the said Lady the Queen here thereof yet, &c. At which day, before the said Lady the Queen at VVestminst. come the parties aforesaid, by their Attornies 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 VVestminster, untill Monday next after 8. dayes of St. Hillary, to hear their Judgement, because the Court of the said Lady the Queen that now is here thereof are not yet, &c. At which day, before the said Lady the Queen at VVestminster aforesaid, come the parties aforesaid, by their Attornies 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 VVest­minster, untill VVednesday next after 15. dayes of Easter, to hear their Judgement thereof, because the Court of the said Lady the Queen here thereof not as yet, &c. At which day, before the Lady the Queen at VVestminster, come the parties aforesaid, by their Attornies 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 VVestminster, untill Fryday 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, &c. At which day, before the said Lady the Queen at VVestminster, come the parties aforesaid, by their At­tornies 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, untill Monday next after 8. dayes of St. Michael, to hear their Judgement, because the Court of the said Lady the Queen here thereof not yet, &c. At which day, before the said Lady the Queen at VVestminster, come the parties aforesaid, by their Attornies 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 [Page 79] 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 re-entry, of the aforesaid VVilliam VVilkinson, into the said Rectory, with the Appurtenances in which, &c. upon the possessi­on of the said David Loyd, is not good and a lawful re-entry in Law, It is granted that the said David Loyd, shall recover against the said VVilliam VVilkinson 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 VVilliam VVilkinson be taken, &c. And likewise the said David in mercy, to the residue of the Trespass and Ejectment aforesaid, whereof the said VVilliam VVikinson in form aforesaid stands acquitted; And the said VVilliam VVilkinson thereof be acquitted, &c.

Michelmas Term, 41. & 43. Elizabeth, Rott. 144. in the KINGS BENCH, Bingams Case, C. 2. part fol. 82.

MEmorandum, That at another time, that is to say, Easter Term last Dors. ss. past, before the Lady the Queen at VVestminster, came George Stroud Esquire, by Simon Spatchard his Attorny, 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 Marshall, &c. of a Plea of Trespasse and Ejectment of him out his Farm: And are Pledges of Sute, that is to say, John Doo, and Richard Roo, 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 VVilliam 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 letten to the aforesaid George one mes­suage, 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 ANNƲNCIATION of the blessed Lady the Virgin MARY, then last past, untill the end and Term of 6. years and a half of a year, from thence next insuing fully to be compleat and ended: By virtue of which demise the said George into the Tenements aforesaid with the appurtenances entred, and was there­of possessed, until the aforesaid Ralph Horsey, Richard Veal, and Edward Goor, after, that is to say, the 11 ^th. 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 sute, &c. And now at [Page 80] this day, that is to say, Tuseday next, after 8 dayes of Saint Michael, this Term, untill which day the aforesaid Ralph Horsey, Richard Veal, and Edward Goor, had Licence to imparl to the said Bill, and then to An­swer, &c. 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 Hyde their Attorny, and the said Ralph, Richard, and Edward defend the force and injury, when, &c. and say, that they are not thereof guilty: and upon that put themselves upon the County, and the aforesaid George Stroud likewise, &c. Therefore a Jury thereof before the said Lady the Queen at West­minster, upon wednesday next, after 8 days of Saint Hillary, and who neither, &c. to know, &c. Because aswell, &c. The same day is gi­ven to the parties here, &c. ss. Afterwards process continued between the parties aforesaid, of the plea aforesaid, by Juries put between the parties aforesaid, in respit, before the said Lady the Queen, at West­minster, until wednesday next after 18 dayes of Easter, unless first the Ju­stices of the Lady the Queen to take assises in the County first upon Monday the 3 weak of Lent at Dorchester in the County aforesaid, by the form of the statute, &c. come for default of Jurors, &c. At which Wednesday, before the Lady the Queen at Westminster came the parties aforesaid, by their Attornies aforesaid, And the aforesaid Justices of Assise, before whom, &c. sent thither their Record before them, had in these words ss. Afterwards, the day and place within conteyned before Thomas Walmsley one of the Justices of the Lady the Queen of the Bench, and Edward Fennes one of the Justices of the said Lady the Queen of pleas before the Queen her self holden assigned, Justices of the said Lady the Queen to take Assises in the County of Dorset assigned by the form of the statute, &c. came aswell the within named George Stroud Esquire by Thomas Clayton his Attorny, as the within named Ralph Horsey Knight, Richard Veal, and Edward Goor by Henry Collier their Attorny, and the Jurors of the Jury whereof within mention is made some of them appear­ed, and some of them did not appear as it appeareth in the pannel, &c. and some of the Jurors now appearing, that is to say, Richard Ham, Thomas Tooner, John Burt, Henry H [...]rbyn Gentleman, John Young Gentle­man, John Butler Gentleman, William Withington, John Payn, and Chri­storher Dolling in the Jury aforesaid are sworn: and some of the said Ju­rors now appearing, that is to say, Thomas Heal, Edward Carter, Robert Chippe, Henry Squib, and George Frome, because they between the parties aforesaid are found to be suspicious, from the pannel aforesaid they were utterly drawn out, and because the rest of the Jurors of the said Jury did not appear, therefore others of the standers by, by the Sheriff a­foresaid, to that being chosen at the request of the said George Stroud, and by the Command of the Justices aforesaid, were of new put, whose names to the pannel within written are fyled according to the form of the statute in such case thereof late made and is provided, and the Jurors so n [...]w put, that is to say, Clement Jay, Nicholas Brown, and Thomas Eyres being called likewise appeared, who to say the truth of the matters within conteyned together with the other Jurors aforesaid first impanel­led, Chosen, tryed and sworn, say upon their Oath aforesaid, that the Tenement within written in which it is supposed the Trespass and Eject­ment [Page 81] within written to be, are and time whereof the memory of men is not to the Contrary, were parcel of the Mannor of Nether Melcum, otherwise called Melcum Bingham, with the appurtenances, and that the said Mannor of Neither Melcum otherwise Melcum Biugham, with the appurtenances whereof, &c. lyeth within the Parish of Melcum in the County aforesaid, and that before the time within written in which the Trespass and Ejectment within written was supposed to be done, one Robert Bingham the elder was seised for the aforesaid Mannor of Ne­ther Melcum, otherwise Melcum Bingham with the appurtenances where­of, &c. in his demesne as of Fee, and so thereof seised, held the said Mannor with the appurtenances of one John Hrosey Knight as of his Man­nor of Melcam otherwise Horseys Melcum, otherwise Starges Melcum, in the County aforesaid by Knight service, that is to say, by Homage and Fe­alty, and Escuage to the Lady the Queen of 40. shillings when it should happen 2. shillings, and for more more, and less less, &c. and the said Robert Bingham being so seised, before the time within written in which, &c. that is to say, the morrow of the Holy Trinity, in the year of the Reign of the said Lady the Queen that now is the 12, a sine was levyed in the Court of the said Lady the Queen at Westminster in the County of Middlesex, before James Dyer, Richard Weston, Richard Harper then Justices of the said Lady the Queen of the Bench, and other the Queens faithfull people then present, between Thomas Buckley and Henry Gawen Gentlemen plaintifs, and the said Robert Bingham the Elder Defor­ceant Of the Mannor of Neither Melcum otherwise Melcum Bingham a­foresaid with the appurtenances, whereof, &c. by the names of the Mannor of Nether Melcum otherwise Melcum Bingham aforesaid with the appurtenances, and 5 Messuages 4 Tofts, 4 Barns, 5 Gardens, 2 Or­chards, 120 Acres of Land, 30 Acres of Meadow, 300 Acres of pasture, 8 Acres of Wood, and 20 Acres of Furze and Heath with the appurte­nances in Nether Melcum other wise Binghams Melcum, whereupon a plea of Covenant was between them in the said Court, that is to say, that the said Robert Bingham did acknowlege the said Mannor and Tenements with the appurtenances to be the right of the said Thomas Buckley as that with the said Thomas Buckley and Henry Gawen, had of the gift of the said Robert Bingham, and then released and quit claimed from him and his heirs to the said Thomas Buckley and Henry Gawen, and the heirs of the said Thomas for ever: And afterwards the said Robert Bingham granted for him and his heirs that they would warrant to the said Thomas Buckley and Henry Gawen, and to the heirs of the said Thomas, the aforesaid Mannor and Tenements with the appurtenances against all men for ever, the Tenor of which Fine followeth in these: ss. Dorset: ss. This is a final concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity, in the year of the Reign of Elizabeth by the grace of God of England France and Ireland Queen defender of the faith, &c. from the Conquest the 12 ^th. before James Dyer, Richard Weston, and Richard Harper Justices, and other the Queens faithfull people there pre­sent, Between Thomas Buckley and Henry Gawen Gentlemen, plaintifs, and Robert Bingham Esquire, Deforceant of the Mannor of Neither Melcum otherwise Binghams Melcum, with the appurtenances, and of 5 Messu­ages, 4 Tofts, 4 Barns, 5 Gardens, 2 Orchards, 12 [...] Acres of Land, 30 [Page 82] Acres of Meadow, 100 Acres of pasture, 8 Acres of wood, and 20 Acres of Furz and Heath in Nether Melcum, otherwise Binghams Melcum, where­upon a plea of Covenant was between them in the said Court, that is to say that the said Robert acknowledged the aforesaid Mannor & Tenements with the appurtenances to be the right of the said Thomas, and those which the said Thomas and Henry had of the gift of the aforesaid Robert, and the same released and quit claimed from him and his heirs, to the said Thomas and Henry, and the heirs of the said Thomas for ever, And farther the said Robert granteth for him and his heirs, that they warrant to the aforesaid Thomas and Henry, and to the heirs of the said Thomas, the aforesaid Mannor and Tenements with the appurtenances against all men for ever; and for this Recognition remission and quit claym, warranty and Concord the said Thomas and Henry give to the said Robert 150 pound sterling, which said Fine of the Mannor and Tenements aforesaid, where­of, &c. in form aforesaid Levied, was had and Levyed, to the use of the said Robert Bingham the Elder and Jane his wife, and the heirs of the said Robert for ever, by virtue whereof, and by force of a certain Act of Par­liament of transferring of uses into possession, made at Westminster in the year of the Reign of the late King Henry, the 8 ^th. of England the 27 ^th. made and provided, the said Robert Bingham the elder and Jane were seised of the Mannor of Nether Melcum otherwise Binghams Melcum aforesaid with the appurtenances whereof, &c. that is to say, to the said Robert and Jane, and the heirs of the aforesaid Robert for ever, And the said Jurors farther say, upon their Oath aforesaid, that the said Robert Bingham the Elder then was seised in his Demesn as of Fee of and in the Mannor Lands and Tenements called Melcum Binghams situate in Tollor Porcoram in the said County of Dorset, and the said Robert so of the Mannor and the said Tenements, and of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof, &c. being seised, A Fine was Levyed in the Court of the said Lady the Queen that now is, at Westminster aforesaid, before the with­in written time in which, &c. that is to say, in the morrow of the ho­ly Trinity in the year of the Reign of the said Lady the Queen that now is the 20 ^th. before Iames Dyer, Roger Manwood, and Robert Mounson, and Tho­mas Mead then Justices of the said Lady the Queen of the Bench, and o­ther of the said Lady the Queens faithfull people then present, Between Richard Rogers Knight, Nicholas Furbervile, and John Williams Esquires then plaintifs, and the aforesaid Robert Bingham the Elder Esquire then deforceant of the said Mannor of Nether Melcum otherwise Melcum Binghams, whereof, &c. and of the said Mannor of Melcum Binghams with the appurtenances, by the names of the Mannor of Melcam Bingham and Melcum Bingham with the appurtenances, as also of 6 Messuages, 2 Tofts, 1300 Acres of Lands, 300 Acres of Meadow, 50 Acres of Pasture, 20 Acres of Wood, and 1000 Acres of Furz and Heath with the appur­tenances in Neither Melcam, Toller Porcoram, Magouder, and Haselberry Brion in the County of Dorset, and of 3 Messuages, 6 Gardens, 1000 Acres of Land, 100 Acres of Meadow, 300 Acres Pasture, 300 Acres of Furz and Heath with the appurtenances in Codford, Mary Codford, Peter Ashton, Geffery Bardchalk, Alderbery, East Grimsted and West Grimsted in the County of Wilts, whereupon a plea of Covenant was summoned between [Page 81] them in the said Court, That is to say, that the said Robert Bingham the Elder acknowleged the said Mannors and Tenements, with the appur­tenances to be the right of the said Richard Rogers as those which the said Richard Rogers Nicholas Turbervile and John Williams, had of the gift of the said Robert Bingham, and released and quit claymed from him and his heirs to the said Richard Rogers, Nicholas Turbervile and John williams, and the heirs of the said Richard Rogers for ever. And further the said Robert Bingham granted for him and his heirs that the warrant to the aforesaid Richard Rogers, Nicholas Turbervile and John Williams, and to the heirs of the said Richard Robers, the aforesaid Mannors and Tenements with the appurtenances against the said Roqert Bingham and his heirs for ever, the Tenor of which fine followeth in these words, This is the final Concord made in the Court of the Lady the Queen at Westminster in the morrow of the holy Trinity, in the year of the Reign of Eliz: by the grace of God of England, France, and Ireland Queen defender of the Faith, &c. from the Conquest the 20 ^th. before James Dyer, Roger Manwood, Robert Mounson, and Thomas Meade Justices, and other of the Lady the Queens faithfull people then and there present, between Richard Rogers Knight, Nicholas Turburvile Esquire, and Iohn Williams Esquire, Complai [...]ants, and Rober Bingham the elder Esquire, deforceant of the Mannors of Melcam Bingham, and Wolcomb Bingham, with the appurtenances, as also of 6 Messuages, 2 Tofts, 1300 Acres of Land, 300 Acres of Meadow, 50 Acres of pasture, 20 Acres of wood, and 1000 Acres of Furz and Heath, with the appurtenances, in Nether Melcum, Toller Porcorum, Mapowder, and Haseberry Bayan, in the County of Dorset, and of 8 Messuages, 3 Tofts, 6 Gardens, 1000 Acres of Land, 100 Acres of Meadow, 300 Acres of Pasture, and 300 Acres of Furz and Heath, with the appurtenances, in Codford, Mary Codford, Peter Ashton, Gyfford Burdchalke, Alderbury, East Grimsted, and West Grimsted, in the County of Wilts, whereof a plea of Covenant was summoned between them in the said Court, that is to say, That the said Robert acknowleged the Mannors and Tenements aforesaid with the appurtenances, to be the right of the said Richard, as those which the same Richard, Nicholas, and Iohn, had of the gift of the said Robert, and those released, and quit claymed from him and his heirs to the said Richard, Nicholas, and Iohn, and to the heirs of the said Richard the aforesaid Mannors and Tenements, with the appurtenances against the said Robert and his heirs; And further the said Robert graunted for him and his heirs that they warrant to the said Richard, Nicholas, and Iohn, and to the heirs of the said Richard the aforesaid Mannors and Tenements with the appurtenances against the said Robert and his heirs for ever. And for this Recognition, release, quit claym, warranty, fine and Concord, the same Richard, Nicholas and Iohn, gave to the said Robert 826 pound Sterling: Which fine aforesaid levyed and had, was levyed of the a­foresaid Mannor of Nether Melcum otherwise Melcum Bingham with the appurtenances whereof, &c. to the use of the said Robert Bingham the Elder, for the Term of his life, and after his decease, then to the use of the aforesaid Robert Bingham than Son and heir apparent of the said Robert Bingham the Elder, and the heirs of his body, upon the Body of Ann then wife of the said Robert Bingham the Son to be begotten: and for default of such issue, to the use of the right heirs of the aforesaid Robert [Page 82] Bingham the Elder for ever: And of the aforesaid Mannor and Tene­ments called Wolcumb Binghams with the appurtenances, to the use of the said Robert Bingham the Son, and the aforesaid Ann and the heirs of the bo­dy of the said Robert Bingham the Son upon the body of the aforesaid Ann Lawfully to be begotten, and for default of such issue, to the use of the right heirs of the aforesaid Robert Bingham the Elder for ever; By virtue of which Fine, and by force of the aforesaid Act of Parliament, of trans­ferring uses into possession, made and provided, the aforesaid Robert bingham the Elder, was seised of the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof, &c. in his demesn as of freehold for the Term of his life, the remainder thereof to the said Robert Bingham the Younger in Fee tayl, that is to say, to him and to the heirs of his body to be begotten upon the Body of the said Ann, the remainder to the right heirs of the said Robert Bingham the Elder for ever: And besides, the said Robert Bingham the Younger, & Ann his wife, were seised of the said Mannor Land and Tenements, called Wolcum Binghams with the appurtenances, that is to say, to the aforesaid Robert Bingham the Younger, in his demesn, as of Feetail, that is to say, to him and the heirs of his body upon the body of the said Ann his wise Lawful­ly to be begotren, and the aforesaid Ann in her demesn as of Freehold for the Term of her life, the remainder thereof to the right heirs of the said Robert Bingham the Elder for ever: And the Jurors aforesaid, say upon their Oath aforesaid, that at the time of the Levying of the said last recited Fine, by the said Robert Bingham the Elder, in form aforesaid had, the said John Horsey was seised of the aforesaid Mannor of Over Mel­cum, otherwise Horseys Melcum, otherwise Sturges Melcum, with the ap­purtenances in his demesn as of Fee, and the said John Horsey so thereof being seised, a Fine was Levyed in the Court of the said Lady the Queen that now is at the Castle of Hartford, in the County of Hartford, after and before the within written time in which, &c. that is to say, in the morrow of All Souls, in the year of the Reign of the said Lady the Queen that now is the 24th. before Edmund Anderson, Thomas Meade, Francis Windham, and William Periam, then Justices of the said lady the Queen of the Bench, & other of the said Lady the Queens faithful people then there present, between Henry Viscount Bindon, Sichard Rogers Knight. Henry Ash­ley Knight, Thomas Hayward, George Trenchard, John Strange-waies, John Williams, Richard Watkins, Thomas Muttens Henry Collier, Edward St. Karke, John Fitz-Williams, and George Gilbert, Fsquires, then plaintiffs, and the said John Horsey Knight then defendant of the said Mannor of Over Mel­cum otherwise Horseys Melcum, otherwise Sturges Melcum, with the ap­purtenances, by the names of the Mannors of Clyfton, Malarke, Thorne­ford, Nether Crompton, Bradford, Sherborne, Wyke, Horseys Melcum, o­therwise Sturges Melcum, with the appurtenances, and 250 Messuages, 100 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, Ryme intrinseca, Thorneford, Bradford, Beere-Hacket, Shirborn, Lillington, Nether-Crompton, Over-Crompton, Long Barton, Oburne, Heyden, Ʋp­melcum, Nether Melcombe, Cheselborn, Buckland, Plushe, Mapowder, Mylton, other Midleton, and Helton, And the Rectory of Bradford, with the appurtenan­ces, [Page 83] As also of the Advowson of the Churches of Melcombe, Nether-Mel­combe, Clyfton, Malank, Thorneford, Nether-Crompton, and Bradford, in the County of Dorset. And of the Mannors of Horsey, and Peignes with the Appurtenances, and 20. Messuages, 6. Tofts, 2. Mills, 2. Dove­houses, 1000. Acres of Lands, 60. Acres of Meadow, 1200. Acres of Pasture, 40. Acres of Wood, 1000. Acres of Furz and Heath, and 40. shillings Rent, with the appurtenances in Bridgwater, Chilton, Beugh, Stafford, Berwick, Weston, Bondrip, Peryson, Chedsey, Wembdon, and Can­nington, in the County of Somerset. Whereupon a plea of Covenant was summoned between them in the same Court, That is to say, That the said John Horsey acknowledge the aforesaid Mannors, Rectories, Tene­ments, and Hereditaments, with the appurtenances, and the Advow­sons aforesaid, to be the right of the said Viscount, as those, which the said Viscount, Richard Rogers, Henry shley, Thomas Howard, George Trenchard, John Strange-wayes, John William [...], Richard Watkings, Thomas Muttens, Henry Coker, Edward St. Kerke, John Fitz James, and George Gil­bert, had of the gift of the said John Horsey, and those realesed and quit claimed for him and his Heirs, to the said Viscount, Richard Rogers, Hen­ry Ashley, Thomas Howard, George Trenchard, John Strangewayes, John Williams, Richard Wak [...]ns, Thomas Muttens, Henry Coker, Edward St. Kerke, John Fitz-James, and George Gilbert, and to the Heirs of the said Viscount for ever. And further, the said John Horsey granted for him and his Heirs, that they warrant to the aforesaid Viscount, Richard Rogers, Henry Ashley, Thomas Howard, George Trenchard, John Stangewayes, John VVilliams, Richard VVatkins, Thomas Muttens, Henry Coker, Edward St. Kerke, John Fiz-James, and George Gilbert, and to the Heirs of the said Viscount, the aforesaid Mannors, Rectories, Tenements, and Heredi­taments, with the appurtenances, and the Advowson aforesaid against all men for ever; The Tenor of which Fine followeth in these words. This is a final Concord, made in the Court of the Lady the Queen, at the Castle of Hartford, in the morrow of All Souls, in the yeer of the Reign of Elizabeth by the grace of God of England, France, and Ireland Queen, de­fender of the Faith, &c. from the Conquest the 24 ^th. before Edmond An­derson, Kt. Thomas Mead, Francis VVindham, and VVilliam [...]eriam Justices, and other of the Queens faithful people then here present. Between Henry Viscount Byndon, Richard Rogers Kt. Henry Ashley Kt. Thomas Howard Esq. George Trenchard Esq. John Strangewayes Esq. John VVilliams Esq. Rich­ard Watkins Esq. Thomas Muttens Esq. Henry Coker Esq. Edward. St. Karke Esq. John Fiz-James Esq. and George Gilbert Esq. Plantifs, and John Horsey Kt. De­forciant, of the Mannors of Clyfton, Malanke, Thorneford, Nether-Compton, Bradford, Sherborn, Wyke, Horseys Melcomb, otherwise Sturges Melcomb, with the appurtenances, and of 250. Messuages, 100. Tofts, 10. Mills, 10. Dove houses, 3000. Acres of Land, 2000. Acres of Meadow, 5000. Acres of Furz and Heath, and 10. pound Rent, with the appurtenances in Yettmister, Ryme intrinseca, Thorneford, Bradford, Beer-Hacket, Sherborn, Lillington, Nether-Compton, Over-Compton, Long-Burton, Oburne, Hayden, Ʋxnelcombe, Nether-Melcombe, Chaselborne, Bucklaud, Plashe, Mapowder, Mylton, otherwise Midleton, and Helton. And of the Rectory of Bradford, with the appurtenances, as also of the Advowsons of the churches of Mel­combe, Nether-Melcombe, Clyfton, Malanke, Thorneford, Nether-Compton, [Page 84] and Bradford in the County of Dorset: And of the Mannor of Horsey and P [...]egnes with the appurtenances: And of 20. Messuages, 6. Tofts, 2. Mills, 2. Dove-houses, 1000. Acres of Lands, 60. Acres of Meadow, 1200. Acres of Pasture, 40. Acres of Wood, 1000. Acres of Furz and Heath, and 40. shillings Rent, with the appurtenances in Bridgwater, Chitton, Bough, Styford, Barwick, Weston, Baudrip, Peryson, Chedsey, Wembdon, and Cannington, in the County of Somerset, Whereupon a Plea of Cove­nant was summoned between them in the said Court, That is to say, That the said John Horsey, acknowledge the aforesaid Mannors Rectories, Te­nements, and Rents, with the Appurtenances, and the Advowsons aforesaid, to be the right of the said Viscount, as those which he the said Vis­count, Rich. Hen. Tho. George, Joh. Strange-wayes, Iohn Williams, Rich. Tho. Henry, Edward, John, Fitz James, and George, have of the guilt of the aforesaid John Horsey, and then released and quit claimed from him and his Heirs, to the aforesaid Viscount, Richard, Henry, Thomas, George, John Strange-wayes John Williams, Richard, Thomas, Henry, Edward, John, Fitz-Williams and George, and to the Heirs of the said Viscount, for ever. And besides the said John Horsey grants for him & his Heirs, That they warrant to the said Vis­count, Richard, Henry, Thomas, George, John Strange-wayes, John Williams, Richard, Thomas, Henry, Edward, John Fitz-Iames, and George, and to the Heirs of the said Viscount, the aforesaid Mannors, Rectory, Tenements, and Rents with the appurtenances, and the Advowson aforesaid against all Men for Ever. And for this Recognitition, release, quit claim Warranty, Fine, and Concord, the said Viscount, Richard, Henry, Thomas, George, John Strange-wayes, John Williams, Richard, Thomas, Henry, John Fitz-James, and George gave to the aforesaid John Horsey 2680. pounds Sterling: Which Fine aforesaid, in form aforesaid levied and had, was levied of the Mannor and Tenements called Over-Melcomb, otherwise Horseys-Melcomb, otherwise Sturges-Melcomb, with the Appurtenances, To the use of the said John Horsey, and the Heirs males of the body of the said John Horsey lawfully begotten, and for default of such issue, To the use of Edith, now Wife of the said Ralph Horsey, for the Term of her life, And after the decease of the said Edith, To the use of the aforesaid Ralrh Horsey and his heirs males of his body Lawfully begotten, and for default of such issue, To the use of Iasper Horsey, Brother of the said Ralph Horsey, and the Heirs males of his body lawfully begotten, and for default of such issue, to the use of the right Heirs of the aforesaid Iohn Horsey for ever; By virtue of which, and of the aforesaid Act of Parliament of Transferring of uses into possession made and provided, The aforesaid Iohn Horsey was seised of the aforesaid Mannor and Tenements, called Over-Melcombe, otherwise Horseys-Melcumb, otherwise Sturges-Melcomb, with the appurtenances in his Demesn as of Fee Tail, that is to say, to him and the Heirs males of his body lawfully begotten, the remainder thereof to the aforesaid Edith, for the Term of her life, the remainder thereof to the aforesaid Ralph Horsey in Fee Tail, that is to say, to him and the Heirs males of his body lawfully begotten, the remainder there­of to the aforesaid Jasper Horsey in Fee Tail, that is to say, to him and the Heirs males of his body lawfully begotten, the remainder over to the right Heirs of the said John Horsey for ever. And the Jurors aforesaid say, upon their Oath aforesaid, That afterwards and before the within [Page 85] written time, in which, &c. that is to say, the 20 ^th day of January, in the yeer of the Reign of the said Lady the Queen that now is, the 29 ^th. The aforesaid Robert Bingham the younger, and Ann at Melcumb aforesaid, had issue between them lawfully begotten, Richard Bingham Son and Heir ap­parent of the said Rob Bingham the younger: And that the aforesaid Robert Bingham and Ann, of the said Mannors, Lands, and Tenements, called Wol­comb Binghams, so as before is said being so seised, the remainder thereof in form aforesaid expectant; And the said Robert Bingham the Elder, and Jane his Wife, so as before is said, of the aforesaid Mannor of Nether-mel­cum, otherwise Melcum Bingham, with the Appurtenances whereof, &c. being seised, of the Mannor thereof to the aforesaid Robert Bingham the younger, and the Heirs of his body, upon the body of the said Ann law­fully begotten, the remainder thereof to the right Heirs of the said Robert Bingham the elder expectant, The said Robert Bingham the younger, after­wards and before the time within written, in which, &c. that is to say, the 11 ^th. day of November, in the yeer of the Reign of the said Lady the Queen that now is the 30 ^th. at Melcomb aforesaid, dyed of such estate of and in the premises as is said, seised. And the said Ann did survive him, and held her self in the Mannor aforesaid, and Tenements called Wol­combe Binghams, and was thereof sole seised in her Demesn as of free­hold for the Term of her life by right of survivor, and that after the death of the said Robert Bingham the younge the remaynder of the aforesaid Mannor of Neither Melcum otherwise Melcum Bingham with the appurte­nances whereof, &c. in fee tail descended to the said Richard Bingham as Son and Heir of the body of the said Robert Bingham the Younger, upon the body of the said Ann begotten, the said Richard Bingham at the time of the death of the aforesaid Robert Bingham the younger his Father, being within age, that is to say, of the age of one yeer and 9. moneths, and no more; And that the said Ann of the aforesaid Mannor and Tene­ments, called Wolcombe Binghams in form aforesaid being seised, And the said Robert Bingham the elder, and Jane his Wife, of the aforesaid Mannor of Nether-Melcum, otherwise Melcombe Binghams, with the ap­purtenances whereof, &c. in form aforesaid being seised, the remainder thereof in form aforesaid expectant, The said Ann afterwards and before the within written time in which, &c. at Melcombe aforesaid, took to Husband one John Sroud Esquire: And the Jurors aforesaid say upon their Oath aforesaid, That at the time of the death of the said Robert Bingham the younger, and before the within written time in which, &c. The aforesaid John Horsey was seised of the said Mannor, of Over-Melcum, o­therwise, Horseys-Melcum, otherwise Sturges-Melcum with the appurte­nances in his Demesn as of Fee Tail, that is to say, to him and the Heirs males of his body lawfully begotten, the Remainder thereof over, in form aforesaid expecting. And the said John Horsey so thereof being seised, one John Popham Knight, Chief Justice of the said Lady the Queen of Plea, before the Queen her self to be held assigned, by the name of John Popham Esquire, George Trenchard Esquire, and Edward Gorge Esquire, before the within written time, in which, &c. that is to say, the 26 ^th. day of March, in the yeer of the said Lady the Queen that now is the 31. ^th. Out of the Court of Chancery of the said Lady the Queen at Westminster in the County of Middlesex then being, sued forth a cer­tain [Page] Writ of the said Lady the Queen of Entry, in the Disseisin in the Post against the said John Horsey, then Tenant of the Freehold of the said Mannor, of Over Melcum, otherwise Sturges-Melcum, with the appurte­nances of the said Mannor, by the name of the Mannor of Horseys-Melcum otherwise Sturges Melcum with the Appurtenances; And 10. Messuages, 300. Acres of Land, 200. Acres of Meadow, 5000. Acres of Pasture, 300. Acres of Wood, and 300. Acres of Furz and Heath, with the Ap­purtenances in Horseys-Melcum, otherwise Sturgis-Melcum, to the then Sherifs of the aforesaid County of Dorset directed, By which Writ, the said Lady the Queen that now is, to the then Sherif of Dorset commanded, that the said then Sherif should command the said John Horsey, that justly and without delay, he should render to the said Iohn Popham, George Trenchard, and Edward Gorge, the said Mannor of Horseys-Melcum, with the appurtenances, and 10. Messuages, 300. Acres of Land, 200. Acres of Meadow, 5000. Acres of Pasture, 300. Acres of Wood, and 300. Acres of Furz and Heath, with the appurtenances in Horseys-Melcum, o­therwise Sturges-Melcum, which the said George Popham, George Trenchard, and Edward Gorge, claimed to be their Right and Inheritance, And in which the said Iohn Horsey had not entry, but after the Disseisin which Hugh Hunt thereof unjustly, and without Judgement made to the said John Popham, George Trenchard, and Edward Gorge, within 30. years then last past, as they said, And whereupon they complained that the afore­said Iohn Horsey did them deforce, and if he should not do, And the said Iohn Popham, George Trenchard, and Edward Gorge, did secure the said Sherif for the prosecution of his clamour, That then the said Sherif summon the aforesaid Iohn 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. dayes then next following, to shew 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 Iohn Popham, George Trenchard, and Edward Gorge, by Iohn Willis their Attorny, and Robert Frampton Esquire, then Sherif 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 Iohn Popham, George Trenchard, and Edward Gorge, had found to the said Sherif Pledges to prosecute the said Writ; that is is to say, Iohn Doo, and Richard Roo: And that the said Iohn Horsey, was summoned by Iohn Den, and Richard Fen, And thereupon the said Iohn Popham, George Trenchard, and Edward Gorge, declaring against the said Iohn Horsey, upon the Writ aforesaid, in their proper persons, And demanded against the said Iohn Horsey, the Man­nors and Tenements aforesaid with the appurtenances, as their Right and Inheritance, And into which the said Iohn Horsey had not entry, but after the Disseisin, which Hugh Hunt thereof unjustly, and without Judgement did to the said Iohn Popham, George Trenchard, and Edward Gorge, within 30. yeers then last past, &c. And whereupon they then said, That they themselves were seised of the Mannor, 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, &c. And in which, &c. And thereof they bring [Page 87] sute, &c. And the said Iohn Horsey then and there defendeth the force and injury when, &c. And voucheth thereof to warranty, David Howel, who was then present in the same Court in his proper person, and freely the Mannor and Tenements aforesaid with the appurtenances, then to him did warrant. And upon this, the aforesaid Iohn Popham, George Trenchard, and Edward Gorge, then demanded against him the said David, Tenant by his warranty, the Mannor and Tenements aforesaid with the appurtenances, in form aforesaid, &c. And whereupon they said, that they they themselves were seised of the Mannor 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 therof to the value, &c. And in w ^ch &c. And thereof then brought Sute, &. And the aforesaid David, then tenant by his warranty, defendeth the force & injury when, &c. And said, That the aforesaid Hugh Hunt did not Disseise the said Iohn Popham, George Trenchard, and Edward Gorge, of the Mannor and Tenements aforesaid with the appurtenances, as the said Iohn 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 Iohn Popham, George Trenchard, and Edward Gorge, then prayed licence thereof to imparl, and had it. And afterwards the said Iohn 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 Iohn Popham, George Trenchard, and Edward Gorge, should recover their seisin against the said John Horsey, of the Mannor and Tenements aforesaid with the appurtenances, And that the said John Horsey should have of the Tenements of the said David, to the value, &c. And the said David should be in mercy, &c. And upon this, the aforesaid Iohn Popham, George Trenchard and Edward Gorge, then prayed a Writ of the Lady the Queen, to the Sherif of Dorset aforesaid to be directed, to give them full seisin and possession of the Mannor and Te­nements aforesaid with the appurtenances, and it was then granted un­to them retornable there from the day of Easter, in 5. Weekes then next following, &c. 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 Iohn Popham, George Trenchard, and Edward Gorge, in their proper persons. And the aforesaid Robert Frampton Esq. then Sherif of the aforesaid County of Dorset, then sent, that he by virtue of the said Writ to him directed, made to the said Iohn Popham, George Trenchard, and Edward Gorge, full seisin of the Man­nor 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. Iohn Popham Esquire, George Trenchard Esquire, and Edward Gorge Esquire, in their proper persons demand against Iohn Horsey Knight, the Mannor of Horseys-Melcumb, otherwise Sturges-Melcumb, with the appurtenances, and 10. Messuages, 300. Acres of Land, 200. A­cres of Meadow, 5000. Acres of Pasture, 300. Acres of Wood, and 300. Acres of Furz and Heath, with the appurtenances in Horseys-Melcumb, otherwise Sturges-Melcumb, as their Right and Inheritance. And in which [Page 88] the said Iohn Horsey had not entry, but after Disseisin, which Hugh Hunt thereof unjustly and without Judgement, did to the said Iohn Popham, George and Edward, within 30. yeers now last past, &c. And whereupon they say, That they themselves were seised of the Mannor 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, &c. And in which, &c. And there­of bring sute, &c. And the aforesaid Iohn Horsey, by Iohn Willis his Attor­ny, cometh and defendeth his right when, &c. And voucheth thereof to warranty David Howel, who is present here in Court in his proper per­son, and freely the Mannor and Tenements aforesaid with the appurte­nances to him doth warrant, and upon this, the aforesaid Iohn Popham, George Trenchard, and Edward Gorge demand against the said David Tenant by his warranty, the Mānor & Tenements aforesaid with the ap­purtenances in form aforesaid, &c. And whereupō they say, That they themselves were seised of the Mānor & Tenemēts aforesaid with the appurtenāces 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, &c. and in which, &c. and thereof they bring sute, &c. and the said David Tenant, by his warranty defendeth his right when, &c. and saith, that the said Hugh did not dissess the aforesaid John Popham George, and Edward, of the Mannor and Tenements aforesaid with the appurte­nances as the said John, George and Edward, by their writ and declarati­on aforesaid, above suppose, and of this puts himself upon the Coun­try, &c. and the aforesaid Iohn Popham, George and Edward, pray Licence thereof to imparle, and have it, &c. and afterwards the said Iohn George and Edward return here into Court the same Term in their proper per­sons, and the said David, although solemnly called, doth not come, but departed in despight of the Court, and made default, Therefore it is granted, That the aforesaid Iohn Popham George and Edward, recover their seisin against the aforesaid Iohn Horsey of the Mannor and Tene­ments aforesaid, with the appurtenances, and that the said Iohn have of the Lands of the said David to the valew, &c. and the said David in mercy, &c. and upon this the aforesaid Iohn Popham George and Edward pray a writ of the Lady the Queen, to the Sherif of the County aforesaid, to be directed, to give them full seisin of the Mannor and Tenements a­foresaid, with the appurtenances, and it is granted unto them retorne­able here from Easter day in 5 weeks, &c. At which day here came the a­foresaid Iohn Popham, George, and Edward, in their proper persons, and the Sheriff, that is to say, Robert Frampton Esquire now sent, that he by virtue of the said writ to him directed, the 29 ^th. day of April last past gave to the said Iohn Popham George and Edward, full seisin of the Man­nor and Tenements aforesaid, with the appurtenances, as by the said writ to him it was Commanded, &c. Which recoverie, in form afore­said had, was had to the use of the said Iohn Horsey, and Dorothie then his wife, and to the heirs males of the body of the said Iohn lawfully be­gotten, and for default of such issue to the use of the aforesaid Iasper Horsey, and the heirs males of the said Iasper Lawfully begotten, and for default of such issue, to the use of the right heirs of the said Iohn Horsey for ever; by virtue whereof, and force of the said Act of Parliament of [Page 89] transferring uses into possession made, the aforesaid Iohn Horsey, and Dorothie, were seised of that Mannor, with the appurtenances, that is to say, the said John Horsey in his demesn as of Fee tail, that is to say, to him and the heirs males of his body lawfully begotten, and the aforesaid Dorothy in her demesn as of freehold for, and during her life, the re­mainder thereof in form aforesaid expectant, and the said John and Doro­thie, so thereof being seised, the remainder thereof in form aforesaid expectant, the said John Horsey afterwards and before the within written time in which, &c. that is to say the 7 ^th. day of September, in the year of the Reign of the said Lady the Queen that now is the 31 ^th. at Mel­cum aforesaid, of such his estate dyed thereof seised without issue male of his body lawfully begotten, and the aforesaid Dorothie him overlived and held her self in, in the Mannor aforesaid with the appurtenances, and was thereof sole seised in her demesn as of freehold for the term of her life, by way of survivor, the remainder thereof in form aforesaid ex­pectant. And that Mary Arnald wife of Richard Arnald Esquire, was one Sister and Co-heir of the said John Horsey, and Reginald Moon Knight, was another Co-heir of the aforesaid John Horsey, that is to say Son and heir of William Moon Knight, and Elizabeth his wife, other Si­ster of the said John Horsey: and the Jurors aforesaid further say upon their Oath aforesaid, That the aforesaid Dorothie of the aforesaid Man­nor of Over Melcum, otherwise Horseys Melcum, otherwise Sturges Mel­cum, with the Appurtenances, in form aforesaid being seised, after and before the within written time in which, &c. that is to say, the first day of September in the year of the said Lady the Queen that now is, the 32 ^th. at Melcum aforesaid, dyed of such her estate so seised; after whose death the aforesaid Ralph Horsey, and Edith unto the aforesaid Mannor of Over Melcum otherwise Horseys Melcum, otherwise Sturges Melcum with the appurtenances did enter, and were thereof seised as the Law re­quireth: and the said Jurors further say upon their Oath aforesaid, that the said Robert Bingham the Elder, and Iane, of the aforesaid Mannor of Nether Melcum, otherwise Melcum Binghams with the appurtenances whereof, &c. so as is before said, for the term of their lives being sei­sed, the remainder thereof in form aforesaid expectant, the said Robert Bingham the Elder, after and before the time in which, &c. that is to say the 11 ^th. day of Ianuary, in the year of the Reign of the said Lady the Queen that now is the 36 at Melcum aforesaid, dyed, of such his estate thereof seised, the said Richard Bingham being Cousen and heir of the said Robert Bingham the Elder, that is to say, Son and heir of the afore­said Robert Bingham the Younger, Son and heir of the said Robert Bingham the Elder, and within the age of 21 years, that is to say, of the age of 8 years, and no more, and that the aforesaid Richard Bingham is yet living and in full life, that is to say at Melcum aforesaid, and that the aforesaid Iane the aforesaid Robert Bingham the Elder overlived, and held her self in the aforesaid Mannor of Nether Melcum, otherwise Melcum Binghams, with the appurtenances whereof, &c. And was thereof sole seised in her demesn as of freehold for the term of her life by right of survivor, the re­maynder thereof in form aforesaid, as the Law requireth, & that the afore­said Iane of the aforesaid Mannor of Nether Melcum, otherwise Melcum Binghams w ^th the appurtenances whereof, &c. in her demesn as of Freehold [Page 90] for the term of her life in form aforesaid, being seised, the aforesaid Iaue afterwards, and before the within written time in which, &c. that is to say, the second day of April in the year of the Reign of the said Lady the Queen that now is, the 41 ^th. at Melcum aforesaid died, of such her Estate thereof seised; after whose death, and before the within written time in which, &c. The aforesaid Ralph Horsey, Richard Veal, and Edward Goor, into the Tenements within written with the appurtenances en­tred, and that after, and before the within written time in which, &c. The aforesaid Iohn Stroud and Ann his wife, and Richard Bingham, into the aforesaid Mannor of Nether Melcum, otherwise Melcum Binghams with the appurtenances whereof, &c. entred in the right of the said Richard Bing­ham, By virtue of which the aforesaid Richard Bingham was of and in the Mannor aforesaid with the appurtenances whereof, &c. seised, and so thereof being seised, after and before the within written time in which, &c. 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 Iohn 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 shewed at Mel­cum aforesaid, demised the aforesaid Mannor of Nether Melcum other­wise Melcum Binghams with the appurtenances whereof, &c. to the with­in named William Albert, To have and to hold to him and his assignes from the Feast of the Anunciation of the blessed Mary the Virgin, then last past, before the date of the said writing for the Term of 7 years from thence next and immediately insuing 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 Mannor of Nether Melcum other­wise Melcum Binghams with the appurtenances whereof, &c. entred, and was thereof possessed, as the Law requireth, and so being thereof possessed, after and before the within written time in which, &c. 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 entred, and demised the Tenements within written, with the appurtenances in which, &c. 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, &c. entred, 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 entrie 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, &c. And if upon the whole matter aforesaid, in [Page 91] form aforesaid found, It shall seem to the Court here, &c. 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 Trespasse and Ejectment within written, as the aforesaid George Stroud within against them complaineth: And then they assesse the damages of the said George, by occasion of the Trespasse and Eject­ment within written, above his charges and costs by him about his Sute 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, &c. 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 Trespasse 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, Untill Fryday 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, &c. At which day, before the Lady the Queen at Westminster, come the parties aforesaid, by their Attornies 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, Untill Thursday next after 8. dayes of St. Michael, to hear their Judgement thereof, because the Court of the said Lady the Queen here thereof not yet, &c. At which day, before the Lady the Queen at Westminster, come the parties aforesaid, by their Attornies 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 Fryday next after 8. dayes of St. Hilla­ry, to here their Jugement thereof, because the Court of the said Lady the Queen thereof not yet, &c. At which day before the Lady the Queen at Westminster, come the parties aforesaid, by their Attornies 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, untill 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, &c. At which day before the Queen at Westminster, come the parties aforesaid, by their Attornies 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, untill 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, &c. At which day come, the parties aforesaid before the Lady the Queen at Westminster, by their Attornies aforesaid, Upon which, seen, And by the Court of the said Lady the Queen here all and singular the premises [Page 92] 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 encrease 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, &c.

Ejectione Firme.
Hillary Term 290. Elizabeth, Rott. 790. in the KINGS BENCH, Barastons Case, C. 3. part. fol. 19. a.

MEmorandum, That at another time, That is to say, Michaelmass Term last past, before the Lady the Queen at Westminster, came Richard Hynde, by James Long his Attorny, and brought here in the Court of the said Lady the Queen then there, his Bill against William Ambry, in the Custody of the Marshal, &c. Of a Plea of Trespasse and Ejectment of his Farm, and are Pledges of Sute, that is to say, Iohn Doo, and Richard Roo, Which Bill followeth in these words. ss. Hartford. Richard Hynde com­plaineth of William Ambry in the custody of the Marshal of the Marshalsey of the Lady the Queen, before the Queen her self being, for that, that is to say, That whereas, one Thomas Brand, and Constance his Wife, and Milliam Davyes, and Margaret his Wife, the 4 ^th. day of Iuly, in the yeer of Reign of the said Lady Elizabeth now Queen of England the 28 ^th. at Al­denhan, in the County aforesaid, Demised, and granted, and to Farm let, to the aforesaid Richard Hynde amongst other things, 10. Acres of Land, with the appurtenances, called the upper part of a Close named Reddings, in Aldenham aforesaid, in the County aforesaid: To have, and to hold, the aforesaid 10. Acres, with the appurtenances, to the aforesaid Richard Hynde and his Assignes, from the Feast of St. Iohn the Baptist then last past, until the end and Term of 7. years, from thence next insuing, and fully to be compleat and ended; By virtue of which demise, The said Richard Hynde, into the aforesaid 10. Acres of Land, with the appur­tenances, the aforesaid 9 ^th. day of Iuly, in the 28 ^th. yeer aforesaid, with Force and Armes, &c. into the aforesaid 10. Acres of Lands with the appurtenances, upon the possession of the said Richard entred, and him the said Richard from his Farm aforesaid, the Term thereof not yet ended, did eject, expel, and amove, and then the said Richard from his possession thereof held out, and as yet holdeth out, And other harms to him did against the Peace of the said Queen, to the damage of the said Richard of 10. pounds, and thereof he bringeth Sute, &c. And now at [Page 93] this day, that is to say, Monday after 8. dayes of St. Michael, this Term, until which day, the said William had license to the Bill aforesaid to im­parl, and then to answer, &c. before the Lady the Queen at Westmin­ster, come as well the aforesaid Richard by his Attorny aforesaid, as the said William by Richard Belfield his Attorny, and the same William doth defend the force and injury when, &c. And saith, That he is not guilty thereof, and of that he puts himself upon the Country; And that said Richard likewise. Therefore a Jury thereof before the Lady the Queen at Westminster, Wednesday next after 15. dayes of Easter, who neither, &c. Because as well, &c. the same day is given to the parties aforesaid there, &c. Afterwards the processe thereof was continued between the parties aforesaid, in the Plea aforesaid, by Juries put between them in respite, before the said Lady the Queen, until Wednesday next after 8. dayes of St. Michael then next following: Unlesse the Justices of the said Lady the Queen to take Assizes in the County aforesaid assigned, First upon Friday the 12 ^th. day of July, at Hartford in the County afore­said, by form of the Statute, &c. come for default of Jurors, &c. At which VVednesday next after 8. dayes of St. Michael, before the Lady the Queen at Westminster, came the aforesaid Richard Hynde by his Attorny aforesaid, And the aforesaid Justices of Assizes, before whom, &c. sent here their Record before them had in these words: ss. Afterwards, the day and place within contained, before Thomas Gawdy Knight, one of the Justice [...] of the Lady the Queen of Pleas, before the Lady the Queen her self to be holden assigned, and Robert Clark, one of the Barons of the said Lady the Queen of her Exchequer, Justices of the said Lady the Queen, to take Assizes in the County of Hartford assigned, by form of the Sta­tute, &c. came as well the within named Richard Hynde, by Henry Brantwayte his Attorny, as the within written William Ambry by his At­torny within mentioned, and the Jurors of the Jury whereof within men­tion is made, some of them, that is to say, Richard Penifather, Thomas Glas­cock, Iohn Harmer, and Stephen Nebbes came, and in the said Jury are sworn, And because the rest of the Jurors of the said Jury did not appear, Therefore, other of the Standers by, chosen by the Sherif, at the Re­quest of the said Richard Hynde, and by the Command of the Justices aforesaid are of new put, whose names to the Pannel within written are filed, according to the form of the Statute in such Case late, made, and provided, and some of the Jurors so a new put, that is to say, Edward Vyall, Thomas Cooker, Thomas Trow, Edward Asher, Iohn Dermer, William Tiverton, Edward Iorden, and Robert Carpenter came, who to say the truth of the matters within contained, togeether with the Jurors aforesaid first unpannelled, and sworn, chosen, tryed and sworn, Say, upon their Oath, That long before the Trespass and Ejectment of the Farm within supposed to be done, One Thomas Boraston was seised of and in the within written 10. Acres of Lands, with the appurtenances, called the up­per part of a Close called Reddings, in Aldenham within written, in his de­mesn as of see, & the said 10. Acres of Lands with the appurtenances held of one Robert Stepnigh Esq. as of his Mannor of Aldenham in his free socage, And further the Jurors aforesaid, say upon their Oath, That the aforesaid Tho. Boraston had issue of his body lawfully begotten, Hum Boraston his El­der Son, & Hen. Boraston, his Younger Son: and the aforesaid Hum. Boraston [Page 94] had issue of his body Lawfully begotten, Constance Boraston now the wife of the within named Thomas Brand, and the within named Margaret wife of the within named William Davis: and that afterwards Humphrey Bora­ston dyed, living the said Thomas Boraston, and that the aforesaid Constance and Margaret were and are Daughters and Co-heirs of the aforesaid Hum­phry Boraston: and farther the Jurors aforesaid say upon their Oath, that the aforesaid boraston, so of, and in the aforesaid 10 Acres of Land with the appurtenances being seised as before is said, afterwards, that is to say, the 12 ^th. day of the moneth of August in the year of our Lord 1559 in the year of the Reign of the said Lady the Queen, the first, made his Testament and last Will in writing, in these English words following, In the name of God Amen. Item, I give unto Thomas Amerie, and Am­phillis his wife, all that my upper part of my close called Redding, for the Term of 8 years after my decease in recompence of one yearly Annuity of 46 shillings 8 pence due unto the said Thomas Amerie upon one obliga­tion of certein years yet during, and upon farther Condition, that the said Thomas Amerie shall bring in the said Obligation to my Executors to be cancelled 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 assignes, shall not du­ring the said 8 years fell any of the Woods, Timber, nor Undrwoods, in, nor uppon 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 remayn to my Executors until such time as Hugh Boraston shall accomplish his age of 21 years, and the mean profits to be imployed by my Executors towards the perfor­mance of this my last will and Testament; and when the said Hugh com­meth unto twenty and one yeares of age, then I will that he shall enjoy the said upper part to him and his heirs for ever, Provided alwaies, that if the said Thomas Amerie do refuse to bring in his Obligation, or to preserve the Woods, upon the said upper part, then 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 seised, afterward, that is to say, the 14 ^th. day of the aforesaid Moneth 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 dy­ed seised; 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 dyed 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 [Page 95] 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 en­tred, and was thereof s [...]ised, as the Law requireth, and so therof seised, 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, &c. To have and to hold to the said William Ambry and his assignes, for a whole year from thence next following, to be fully compleat 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 entred 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 entred, and were thereof seised, as the Law requireth: and so thereof being seised, at Aldenham aforesaid, the said Thomas Brand and Constance his wife, William Davis and Margaret his wife, afterwards, that is to say, the said 9 ^th. 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 Hynde, to have and to hold the aforesaid 10 Acres of Land with the appurtenances unto the said Richard Hynde and his assigns from the Feast of Saint John the Baptist then last past, until the end & term of 7 years from thence next ensuing & fully to be complete & ended: By virtue of which demise, the said Richard Hynde into the aforesaid 10. Acres of Lands with the appurtenances, the aforesaid 9 ^th. day of July in the year of the Reign of the said Lady the Queen that now is the 28 ^th. aforesaid entred, 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 Armes, &c. into the aforesaid 10 Acres of Land with the Appurtenances, upon the possession of the said Richard Hynde, thereof, by the precept and command of the afore­said Philip Boraston re-entred, and him the said Richard Hynde from his possession thereof held out, and yet hold out: But whether upon the whole matter aforesaid, in form aforesaid found, the re-entry 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 lawfull re-entry, 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 Re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances, & upon the possessi­on of the said Richard Hynde, be not nor in Law ought to be adjudged a [Page 96] good and Lawfull Re-entry, 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 Hynde, within against him complaineth, and then they Assesse the damages of the said Richard Hynde, by occasion of the Trespass and Ejectment out of his Farm, besides his charges and costs by him about his sute 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 re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances in and upon the pos­session of the said Richard Hynde, be, or in Law ought to be adjudged a good and Lawfull re-entry, then 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 untill thursday next after 8 dayes of Saint Hillary to heare their Judgement thereof, because the Court of the Lady the Queen here, thereof not yet, have avised, &c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies 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 dayes of Ea­ster to hear their Judgement thereof, &c. because, &c. 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 dayes of Saint Hilla­ry, to hear their Judgement, &c. because, &c. Before which day, the plaint aforesaid was adjorned by a writ of the Lady the Queen of com­mon adjornement, before the said Lady the Queen untill 8 dayes 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 Judg­ment 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 VVestminster untill VVednesday next after 15 dayes of Easter to hear their Judgement thereof, &c. because, &c. At which day, before the Lady the Queen at VVestminster, 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 [Page 97] of the said Lady the Queen here, that the entrie of the aforesaid VVilli­liam Ambry, above specified, into the aforesaid 10 Acres of Land, with the appurtenances, in and upon the possession of the aforesaid Richard Hynde, was a good and lawfull re-entry, therefore It is granted, that the aforesaid Richard Hynde, take nothing by his Bill aforesaid, but that he for his false clamour be taken, &c. and the aforesaid VVilliam Ambry be thereof without damage, &c.

Ejectione Firme.
Hillary Terme. 36. Eliz. Rott. 440. in the Kings Bench. Sir George Browns 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 armes one Messuage, 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 entred, 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, &c. 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 then last past, until the end and Term of 4 years from thence next ensuing, and fully to be compleat­ed: By virtue of which demise, the said James into the Tenements afore­said with the appurtenances entred, 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 armes, &c. 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, en­tred, and him the said James from his Farm aforesaid held out, and o­ther harms, &c. To the grievous damage, &c. and against the peace, &c. whereupon he saith that he is the worse and hath damage to the value of 20 pound, and thereof bringeth sute, &c. And the aforesaid William and Thomas by John Paxton their Attorney come, and defend the force and in­jury when, &c. 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 [Page 98] James likewise, &c. Therefore it is commanded to the Sheriff, that he have here in 8 dayes of the Purification of the blessed Lady. 12 good and Lawfull men, &c. by whom the truth, &c. and who neither, &c. Because aswell, &c. 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 dayes 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 Assises in the County afore­said to be taken assigned, by the form of the statute, upon Thursday the 17 day of July last past, 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 Assise before whom, &c. 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 her self, to be holden assigned Justices of the Assiise of the Lady the Queen, in the County of Wilts, to be taken, Assigned by the form of the statute, came aswell the within named James Linche as the said within written William Spencer, and Tho. Spencer by their Attorneys within mentioned, and the Jurors of the Jury whereof with­in mention is made being called, some of them, that is to say, William Garret of Shaw Gentleman, William Bury of Crickland, Thomas Puckley of Nether Haven Gentleman, William Marse of Haydon, John Noyse of Graston, Richard Legge of Nether Haven, Thomas Smith of Kinnett, Thomas Stoper of Moanton, and VVilliam Gouldesborough of the same came, and are sworn of the same Jury, and because that the rest of the Jurors of the Jury did not appear, therefore other of the standers by chosen by the Sheriff of the County aforesaid at the request of the said James, and by the com­mand of the Justices aforesaid were new put, whose names to the Pan [...] nel within written are filed, according to the statute in such case lately made and provided: And the Jurors so of new put, that is to say, Thomas Stringer, VVilliam Bundy, and VVilliam Hascal, likewise called came, who to the truth of the matter within conteined, together with the other Jurors aforesaid first impannelled, chosen, tryed and sworn, say upon their Oath, That the aforesaid VVilliam Spencer is not guilty of the Tres­pass and Ejectment within written as the said VViliam hath within alle­ged; and further the said Jurors, as to all the Trespass & Ejectment afore­said within written, besides the Trespass and Ejectment in the Messuage within conteined and 26 Acres of the Tenements within written by the aforesaid Thomas Spencer within supposed to be done, they say upon their Oath that the said Tho. is not thereof guilty as the said Tho. likewise ther­of within allegeth: and as to the Trespass and Ejectment within written, into the aforesaid Messuage and 26 Acres of Land within supposed to be done, the same Jurors say upon their Oath, that long before the within written time in which it is supposed the Trespass and Ejectment afore­said to be done, one Richard Bridges Knight was seised as well of the a­foresaid Messuage and 26 Acres of Land with the appurtenances, as of the other Tenements within written residue with the appurtenances in his demesn as of Fee, and so thereof being seised, the said Richard long be­fore [Page 99] the time aforesaid in which, &c. by his certain writing of Feoffment Indented, in Consideration of a certain Ioynture of one Iohanna the wife or Daughter of VVilliam Spencer Kn [...]ght, deceased, from thence after to be had and ended, gave and granted, and in his said writing Indented, confirmed to Iohn VVinchcomb the Elder, of Newberry, in the County of Berks. and John Knight of Newbery aforesaid, the aforesaid Messuage and 26 Acres of Land in which, &c. amongst other things, to have and to hold the said Messuage and 26 Acres of Land in which, &c. amongst o­ther things to the said John VVinchcomb and John Knight their heirs and as­signes for ever, under this Condition following, that is to say, That the said John VVinchcomb and John Knight within one moneth next ensuing af­ter the date of the said writing, by their sufficient writing in Law, as by the learned Councel in the Law of the said Richard [...]ridges it should be avised, should give, grant, and deliver, the aforesaid Messuage and 26 A­cres of Land in which, &c. amongst other things to the said Richard and the said Johanna his wife, to have and to hold the said Messuage and 26 Acres of Land in which, &c. amongst other things to the said Richard and the said Johanna, and to the heirs of the bodies of the said Richard and the said Johanna his wife, betwixt the said Richard and the said Jo­hanna Lawfully begotten, and for default of such issue, the remainder thereof to the right heirs of the aforesaid Richard for ever, of the chief Lords of the Fee by the services therefore due and of right occasioned, as by the said writing of Feoffment Indented Sealed with the Seal of the said Richard Bridges and bearing date the 23 ^th. day of January in the year of the Reign of the Lord Henry late King of England the 8 ^th. the 32 ^th. to the Jurors aforesaid, in evidence shewed, more fully appeared, and that by virtue of the said Feoffment, the aforesaid John Winchcomb and John Knight were seised of the aforesaid Messuage and 26 Acres of Lands in which, &c. amongst other, in their demesn as of Fee upon the con­dition aforesaid: And farther the Jurors aforesaid say upon their Oath, That the said John Winchcomb and John Knight being so thereof seised, long before the aforesaid time in which, &c. and within the said one Moneth next insuing, after the date of the said writing of Feoffment Indented at Walcot aforesaid, in performance of the condition aforesaid, and at the request of the said Richard Bridges, by their certain writing Indented of Feoffment delivered, enfeoffed and delivered, and by the said their writing Indented they did confirm to the aforesaid Richard Bridges and Johanna his Wife, the aforesaid Messuage and 26 Acres of Land in which, &c. amongst other things, to have and to hold the aforesaid Messuage, and 26 Acres of Land in which, &c. amongst other, to the aforesaid Ri­chard Bridges, and Johanna his Wife, and the heirs of the bodies of them, the said Richard and Johanna betwixt them Lawfully begotten, and for default of such issue the remaynder thereof to the right heirs of the said Richard Bridges for ever, of the chief Lords of the Fee by the services thereof due, and of right accustomed as by the said writing of Feoffment Indented with the Seals of the said John Winchcomb and John Knight Sealed, and bearing date the 6th. day of February in the year of the Reign of the aforesaid late King Henry the 8 ^th. the 32 ^th. aforesaid, and to the Jurors aforesaid in Evidence shewed, it more fully appeareth: And that by virtue of the said Feofment, the aforesaid Richard Bridges and [Page 100] Johanna were seised of the aforesaid Messuage and 26 Acres of Land in which, &c. amongst other in their demesn as of Fee tail, that is to say, to the said Richard and Johanna and the heirs of their bodies between them Lawfully begotten, the remaynder thereof to the right heirs of the said Richard as above is said: And the said Richard and the said Johanna so thereof being, had issue of their bodies between them Lawfully begot­ten, one Anthony Bridges his Son yet living and in full life being, that is to say, at West Shefford in the County of Berks: and that afterwards, and before the time in which, &c. the aforesaid Richard Bridges and Johanna of the aforesaid Messuage and 26 Acres of Land in which, &c. amongst other, in form aforesaid being seised, the said Richard before the afore­said time in which, &c. at Lugarshall in the said County of Wilts. of such his estate dyed thereof seised: and the aforesaid Johanna him over-li­ved, and held her self in the aforesaid Messuage and 26 Acres of Land in which, &c. amongst other, and was thereof sole seised 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 seised, 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 Lincolnes 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 shewed, 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 then next following, would levy, and acknowledge before the Justices of the said Lady the Queen of the Bench at Westminster, one Fine or diverse Fines with the proclamations according to the course of Fines in the said Court used to the aforesaid George Brown of all that Mannor of Kintbury with all and singular the Rights members and appurtenances in the aforesaid County of Berks. And of all Messuages, Lands, and Tenements, Rents, Services, Advowsons, Patronages, Liberties, Privileges, Profits, and Hereditaments, with all and singular their appurtenances to the said Man­nor belonging or appertayning, 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 Messuage and 26 [Page 101] Acres of Lands then were and yet are parcel: As also of all messuages, 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 Messuages, 20 Tofts, 1 Dove­house, 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 Mannors, 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, then Justices of the said Lady the Queen, and other the Lady the Queens faithfull 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 Messuage 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 Mannors of Kintbury, and Fally, otherwise great Fal­ly, with the appurtenances, and 60 Messuages, 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 Mannor of Baddesden, with the appur­tenances, and 20 Messuages, 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 Rent 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 Mannors, Tenements, He­reditaments, Rectorie, Warren, liberty and Fishing, with the appur­tenances in the said Fine conteined to be the right of the said George, as those which the said George had of the gift of the said [Page 102] 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 Mannors, Tenement [...], Rents, Rectorie, Warren, and Liberties, and Fishing, with the appurtenances, in the same Fine conteined, against the said Edward and his heirs for ever, and for this Recognition, release, quit claym, 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 Mannors, Tene­ments, Rents, Rectorie, Warren, Liberties and Fishing, with the ap­purtenances in the same conteined, and the same to him did render in the same Court, to have and to hold and perceave the said yearly Rent 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 Rent 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 dayes, 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 Rent of 100 pound or any parcel thereof so to be behinde should happen, and that then and so often it should be well lawfull to the said Ed. all the life time of the said Johanna, into the aforesaid Mannors, Tene­ments, Rents, Rectorie, Warren, Liberty, and Fishing, with the appurtenances in the said Fine conteined, 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 wel 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 Man­nors of Baddesden and Fally, otherwise great Fally with the appurtenan­ces, and 20 Messuages, 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 Rectorie of great Fally, with the appurtenance, and Free Warren, and Liberty of a Park in West Shefford, otherwise great Shefford aforesaid, parcel of the Mannors, Tenements and Rents afore­said, with the appurtenances, in the said Fine conteyned, 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 Man­nors, 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 [Page 103] of the said Anthony: And after the decease of the said Anthony and Bar­bara, the same Mannor, 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 Mannors, 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 Mes­suage and 26 Acres of Land amongst other with the appurtenances, in form aforesaid being seised, the said Johanna afterwards, and before the within written time in which, &c. the 7 ^th. 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. Widdow, of the one party, and Edward Bridges Esquire, William Bridges, and Anthony Bridges Sons of the sayd Edmond, and their assignes, 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 then to come and not expired, which the aforesaid Edmond before that time had and injoyed, As of a for­mer Indenture of Demyse, at or before the sealing and deliverie of the said Indenture now in Evidence shewed, the aforesaid Edward Bridges had surrendred 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 Messuage and 26 Acres of Land with the appurte­nances amongst other things, to have and to hold the aforesaid Messu­age 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 injoyed, 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 Lawfull mony 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 shewed, more fully appeared, by virtue of which demise, the said Edmond Bridges, William Bridges, and Anthony Bridges, Sons of the said Edmond, were seised of the aforesaid Messuage and 26 Acres of Land within written, as the Law requireth: And farther the said Jurors say upon their Oath, that the aforesaid Messuage, 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 [Page 104] the greater part of 20 years next before the same demise (as before is said) made for so little rent as by the aforesaid Indenture thereof now in evidence shewed, 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, &c. that is to say, the 29 ^th. day of Sep­tember in the year of the Reign of the said Lady the Queen that now is the 35 ^th. at Lugershall aforesaid dyed: After whose death the said George Brown into the Tenements within written with the appurtenances in which, &c. upon the possession of the said Edmond Bridges, William and Anthony Bridges, Sons of the said Edmond, thereof entred, and was there­of seised, as the Law requireth: and so being thereof seised, afterwards and before the aforesaid time in which, &c. 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, &c. To have and to hold to the said James and his assignes 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 compleated; by virtue of which demise, the said James into the said Tenements within written with the appurtenances entred, 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, &c. into the said Messuage and 26 Acres of Land entred, 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 Messuage and 26 Acres of Land with the appurtenances upon the possession of the said James thereof be a good and Lawfull Entry in Law or not, the said Jurors are altogether Ignorant, and Pray thereof the advise and discreti­on of the Justices here, &c. And if upon the whole aforesaid matter, It shall seem to the Justices, and Court here, that the aforsaid Entry of the aforesaid Thomas Spencer upon the possession of the said Iames Linche be not a good and Lawfull entry in Law, then the said Jurors say upon their Oath, that the said Thomas Spencer is guilty of the Trespass and Ejectment aforesaid, in the aforesaid Messuage and 26 Acres of Land, as the aforesaid Iames against him within complaineth, and then they assess the damages of the said Iames, by the occasion of the said Trespass and Ejectment, above his charges and costs by him about his sute 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 entrie of the said Thomas Spencer upon the pos­session of the said Iames be a good and Lawfull entrie in Law, then the said Jurors say upon their Oath, that the said Thomas Spencer is not guil­ty of the Trespass and Ejectment aforesaid, in the said Messuage within alleged: And because the Justices here will avise themselves of and up­on the premises before they give their Judgment thereof, day is given to the parties aforesaid here, until in 8 dayes 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 Iames as the aforesaid Willi­am and Thomas by their Attornies aforesaid, and because the Justices here [Page 105] 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 dayes for to hear their Judgement therof, because the said Justices here are not thereof yet, &c. At which day here come aswell the said Iames by George Dancombe his Attorny, as the said William and Thomas by their Attorny 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 Judgment thereof, because the said Justices here thereof not yet, &c. At which day here come aswel the aforesaid Iames by the aforesaid George Dancombe his At­torny, as the said Willam and Thomas by their Attorny 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 dayes of St. Michael, to hear their Judgment thereof, because the said Justices here thereof are not yet: At which day here come aswell the said Iames Linch by the aforesaid George Dancombe his Attorny, as the afore­said William Spencer and Thomas Spencer by their Attorny: 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 Messuage and 26 Acres of Land upon the possession of the said Iames Linch, is not a good and Lawfull entry in Law, Therefore It is granted, that the aforesaid Iohn Linch re­cover against the aforesaid Thomas Spencer his Term aforesaid yet to come of and in the aforesaid Messuage 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 Iames 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, &c. And also the said Iames in mercy for his false clamor 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, &c. and hereupon the said Iames 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 Messuage and 26 Acres of Land with the appurtenances, and it is granted unto him retorneable here from the day of Saint Martin in 15 dayes, &c. 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 Iames by the aforesaid George his At­torny, 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, &c.

Ejectione Firme.
Hillary Term 40. Elizabeth, Rott. 748. in the KINGS BENCH, Adams and Lamberts Case, C. 4. part. fo. 96.

MEmorandum, That at another time, That is to say in Michaelmass Term last past, before the Lady the Queen at Westminster, came Theophi­lus Adams Gentleman by Iohn Povey his Attorny, and brought here in the Court of the said Lady the Queen then there his bill against Iohn Lambert in the custody of the Marshal, &c. of a plea of Trespass and Ejectment of him out of his Farm, and are pledges of sute, Iohn Doo: and Richard Roo: which Bill followeth in these words, ss. Buck, Theophilus Adams Gentleman complayneth of Iohn Lambert in the custody of the Marshal of the Marshalsey of the Lady the Queen, before the Queen her self being, for that, that is to say, That whereas one Robert Snelling Gentlem [...]n, and Thomas Butler Gentleman, the 23 ^th.. 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 Letten to the said Theophilus, 1 Messuage and 10 Acres of Land to the said Messuage neer lying, called the Conigree, situate, lying and being in the Town of Buckingham aforesayd 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, untill the end and Term of 10 years from thence next following and fully to be compleat 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 entred, and was thereof possessed until the aforesaid Iohn Lambert afterward, that is to say, the same 16 day of April in the 39 year aforesaid with force and Arms, &c. into the Tenements aforesaid with the appurtenances upon the possession of the said Theophilus thereof entred, 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 sute, &c. and now at this day, that is to say, Monday next after 8 dayes of Saint Michael, this Term, until which day the aforesaid Iohn Lambert had licence to imparl to the Bill aforesaid and then to answer, &c. before the Lady the Queen at Westminster came aswel the aforesaid Theophilus Adams, by his Attorny aforesaid, as the said Iohn Lambert by Iohn Harborn his Attorny, and the said Iohn Lambert defendeth the force and Injury when, &c. and saith, that he is not there of guilty, and of this putteth himself upon the Country, and the said Theophilus likewise, &c. and therefore a Jury thereof was to be before the Queen at Westminster upon Monday next after the morrow of the Pu­rification [Page 107] of the blessed Lady Mary by whom, &c. and who neither, &c. Because aswel, &c. Day is given to the parties aforesaid thence, &c. of which day the Jurors aforesaid, between the parties aforesaid, of the plea aforesaid were put in respit 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, &c. 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, tryed, 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 Iohn Barton the Elder was seised of the aforesaid Messuage 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 Messuage aforesaid and of the said 6 Acres of Pasture with the appurte­nances parcel, &c. seised, &c. Enfeoffed William Brampton, to have and to hold to him and his heirs to the behoof and use of the aforesaid Iohn Barton the Elder and his heirs: By virtue whereof, the aforesaid William Brampton was seised of the Messuage and 6 Acres of Land parcel, &c. with the appurtenances, in his demesn as of Fee, to the use of the aforesaid Iohn Barton and his heirs, and the aforesaid William Brampton so thereof being seised, the aforesaid Iohn Barton afterwards, that is to say, the a­foresaid 5 day of the Moneth 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 Messuage and 6 Acres of pasture parcel, &c. amongst o­ther things in these words, &c. In the name of God Amen. ss. The 5 day of the Moneth of June 1431 of the late Reign of King Henry the 6 after the Conquest of England the 9, I Iohn Barton the Elder, being of perfect minde and good memory, do make and ordein my present Testament Indented conteyning 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 ordeined 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 payns who about this shall imply him self, 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 [Page 108] all the faithfull 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 Fryars Mendicants in the Town of Nor­thampton, 20 shilling, to every order of [...]he 4 orders of Fryars Medicants in the Town of Oxford, 20 shillings, to the Covent and Fryars Minors of Aplebury, 20 shillings, to every order of the 5 orders of Fryars in the City of London, 20 shillings; Also I bequeath to the Brother of Iohn Ʋp­ton 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 Iohn 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 Iohn my Brother, for the Term of his life, upon the Conditions following, that is to say, that the said Iohn 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 faithfull de­ceased, at the Altar of Saint James in the aforesaid Church of the blessed Peter, dayly; and I will and ordain, that the aforesaid Chaplein all Festival dayes be present at Matines and Vespers, in the quire of the Church aforesaid; and I will that the said Chaplein every day within the Church aforesaid, the Mattines of Saint Mary, and after the Ma­tines of the day with certain howers Canonical, and these to be ended every day, the said Chaplein before he goeth to Mass, read a part of the Psalter of David, so alwayes that from the said Chaplein every week be said one whole Psalter of David, and afterwards dayly 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 dayly 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 Readings time of Easter excepted, which time of Easter he say Offici­um mortuorum with 3 Readings 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 hindred 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 aboad alwayes there, yet that the said Chaplein every year have recreation by the space of 15 dayes, so alwayes as the said Chaplein supply his turns by another Chaplein, or every day of the [Page 109] said 15 dayes, 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 Chaplein in the aforesaid Church of Saint Peter for his mayn­tenance and his pains, as before is said done and to be done, 10 Marks of Lawfull mony of England out of the issues and profits of the Tenements aforesaid; so alwaies, that the said Chaplein of the said sum of 10 Marks for his sallery 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 Chaplein in the place of the said Chaplein 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 Arch-Deacon 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 Chaplein, no jurisdiction or power have or claym 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 Chaplein 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 Chaplein 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 Chaplein to the said office or service to be admitted, in his first ad­mission finde 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 finde 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 [Page 110] that the said John my Brother all his life finde 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 Sepulcher bur­ning, every wax light to contein 3 pounds, which Funerals of me be­ing completed, I will that all that which shall be remaining of the said wax lights, be sent and remain to the Altar of Saint James aforesaid, up­on the Candlestick there being, to the Chaplain of my Chancery afore­said, to serve every festival day at Mass as long as it may last: and that the aforesaid John my Brother during his life finde yearly one competent torch to serve at the Altar aforesaid: And I will that all the aforesaid Tenements, Rents and Services, with the reversions, and all their ap­purtenances, after the decease of the said John my Brother, whole remain to Margaret and Isabel my Sisters, for the term of their lives, and the life of the longer liver of them, To be holden of the Chief Lords of the Fee, by the Services thereof due and of right accustomed, upon con­dition that the said Margaret and Isabel during their lives, do perform and observe all and singular the charges before limited in form aforesaid, and after the death of the said Margaret and Isabel, I will all the aforesaid Te­nements, Rents and Services, with the reversions, and all their ap­purtenances wholy to remayn wholy to William Fowler, To be hol­den to him and his heirs of his body Lawfully to be begotten, of the chief Lords of the Fee, by the services thereof due and of right accusto­med, upon condition, that he the said William and his heirs do perform and keep all and singular the charges above written in the form aforesaid for ever. And if it shall happen the said William Fowler to dy without heir of his body Lawfully begotten, that from thence all the aforesaid Tenements, Rents and Services with the reversions, and all their appur­tenances, whole remain to John Somerton my Cousen, and the heirs of his body Lawfuly begotten, to be holden of the chief Lords of the Fee, by the services thereof due and of right accustomed, upon condition that he the said John Somerton and his heirs all and singular the charges above written in form aforesaid fulfill and keep for ever, and if it shall hap­pen him the said John Somerton to dy without heir of his body issuing, That from thence all the aforesaid Tenements, Rents and Services with the reversions and all their appurtenances, whole remain to William Pur­frey my Cousen, and the heirs of his body Lawfully begotten, to be hol­den of the Lords of the Fee, by the services thereof due and of right ac­customed, upon condition, that the same William Purfrey and his heirs aforesaid do perform and observe all and singular the charges above writ­ten in form aforesaid for ever; And if it shall happen the said William Purfrey to dy without heir of his body issuing, from hence I do give and bequeath that all the aforesaid Rents and Services with the reversions, and all their appurtenances, whole remain to the Master of the house of Saint Thomas the martyr of Acon London aforesaid, to have and to hold to him and his successors, Masters of the same house of Saint Thomas to [Page 111] the end and Term of 40 years from thence next following, and fully to be ended: and after the said Term to be ended, that all the Tenements aforesaid, Rents and Services, with the reversions, and all their appur­tenances remayn to the Master of the Hospital of Saint Bartholomew in West Smithfield London aforesaid, to have and to hold to the same Master and his successors, Masters of the said Hospital of Saint Bartholomews to the term and end of 40 years from thence next ensuing and fully to be com­pleated, to every of them upon the condition following, that is to say, that every of the said Masters and their successors, during their Terms, do and perform all and singular the charges above limited in form afore­said: And if it shall happen the said John my Brother during his life in fullfilling the charges aforesaid to make default, or not to perform the same, or all the aforesaid Tenements during his life not sufficiently to re­pair & sustain, or the same or any parcel thereof to alien or to let the same at a lower rate in prejudice to the other persons in remainder aforesaid named, that then it shall be Lawfull to the said Margaret and Isabel into the aforesaid Tenements, Rents and Services, with the reversions, and all their appurtenances to enter, and the same to hold as in their remainder aforesaid without the contradiction of any one, And that from thence the estate of the said John my Brother shall altogether cease, and be of no value; and if it shall happen the said Margaret and Isabel during their lives in doing and performing of all the charges aforesaid to make de­fault, or the same not to fulfil, or all the Tenements aforesaid during their lives not sufficiently to sustain and repair or them to al en or de­mise as before is said, or be negligent to enter, if cause as aforesaid shall happen, that then it shall be Lawfull to the aforesaid William Fowler and his heirs aforesaid, into all the abovesaid Tenements, Rents and Services, with the reversions, and all their appurtenances, to enter as in his re­mainder aforesaid, and the same to hold without any contradiction, and that then the estate of the said Margaret and Isabel as aforesaid, alto­gether to cease and be of no value: And if the aforesaid William Fowler or his heirs aforesaid, in doing and performing to make default, or not to fulfil, or all the aforesaid Tenements not sufficiently to be sustained or repaired, or to be aliend or demised as before is said, or be negligent to enter, if cause as before is said shall happen, that from thence it be well Lawfull to the abovesaid John Somerton and his heirs abovesaid into all and singular the aforesaid Tenements, Rents and Services, with the re­versions and all their appurtenances, to enter as in his remainder afore­said, and the same to hold without any contradiction, and that from thence the estate of the aforesaid William Fowler and his heirs aforesaid, as is aforesaid, shall cease and be of no value: And if it happen the afore­said John Somerton or his heirs aforesaid in doing and performing all and singular the charges aforesaid to make default, or the same not to fulfill, or all the aforesaid Tenements not sufficiently to uphold and repair, or to alien or demise the same as above is said, or that they be negligent to enter if cause as before is said shall happen, that from thence it shall be well Lawfull 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 [Page 112] 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. Bartholmew 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. Bartholmew 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 Chauntry 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 P [...]or, as often as need shall require; And because I doubt lest the Tenements aforesaid be sufficient to uphold all the abovesaid [Page 113] 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 Church-yard 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 Bishops gate London, in the 3. dayes 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 Lords-day, cause the Preacher at the Cross in the Church-yard 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 sallary 100. shillings, if he so long live. And if he shall dye 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 Cloath 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 [Page 114] before written, be as speedily, as conveniently it may be, by my Execu­tors performed and executed, as in the fearful day of the last Judge­ment for me and them before the most High Judge, who is ignorant of nothing, they will answer; In witnesse whereof, to this my present Te­stament indented, containing my last Will, I have set my Seal: Dated the day & year aforesaid. And the Jurors aforesaid, further say, upon their Oath aforesaid, That the aforesaid William Bramptou, of the said Messu­age, and 6. Acres of Pasture, parcel, &c. amongst other, &c. as is before said, so being seised, The said John Barton the Elder, afterwards at Buck, aforesaid dyed, After the death of the said John Barton the Elder, the aforesaid William Brampton was seised of the Messuage aforesaid, and 6. Acres of Lands aforesaid, parcel, &c. in his Demesn as of Fee, To the se­veral uses and intents in the aforesaid last Will of the aforesaid John Bar­ton the Testator above expressed: And that the said Iohn Barton the younger, after the death of the said Iohn Barton the Testator, into the a­foresaid Messuage, and 6. Acres of Pasture with the Appurtenances, par­cel, &c. entred, and the Rents and profits thereof yearly, after the death of the said Iohn Barton the Testator, arising, for and during the life of him the said Iohn the younger, took and had, and the same to the uses, intents, and appointments, in the said Testament and last Will thereof limitted and appointed, during the life of the said Iohn the younger, did convert, apply, and pay: And afterwards, and before the time in which, &c. The said Iohn Barton the younger, at Buck aforesaid dyed: After whose death of the said Iohn Barton the younger, the aforesaid William Brampton was seised of the aforesaid Messuage, and 6. Acres of Pasture aforesaid, parcel, &c. with the appurtenances, in his Demesn as of Fee, unto the u­ses and intents in the aforesaid last Will of the said Iohn Barton the Testa­tor before expressed to be performed; And that the said Margaret and Isabel, after the death of the said John Barton the younger, into the afore­said Messuage and 6. Acres of Pasture, parcel, &c. with the appurte­nances, entred, and the Rents and Profits thereof yearly, after the death of the said John Barton the younger, arising for and during the lives of the said Margaret and Isabel, and the longer, liver of them, took and had, and the same to the uses, intents, and appointments, in the said Testament and last Will of the aforesaid John Barton the Testator, decla­red, limitted, and appointed, during the lives of the said Margaret and Isabel, applyed, converted, and payed, and the longest liver of them did apply, convert, and pay; And afterwards and before the time in which. &c. The aforesaid Margaret and Isabel, at Buckingam aforesaid dy­ed. After the deaths of which Margaret and Isabel, The said William Brampton was seised in his Demesn as of Fee, of and in the aforesaid Mes­suage, and 6. Acres of Pasture aforesaid, parcel, &c. with the Appurtenan­ces, to the uses and intents in the aforesaid last Will, of the aforesaid John Brampton the Elder the Testator, expressed to be fulfilled: And that the said William Fowler in the Testament aforesaid named, had issue of his body lawfully begotten, one Richard Fowler, and the said William Fowler after the deaths of the said Margaret and Isabel, into the aforesaid Messuage, and 6. Acres of Pasture, parcel, &c. with the appurtenances, entred and the Rents and Profits thereof yearly, after the deaths of the said Margaret and Isabel, arising, for and during the life of the said William [Page 115] Fowler took and had, and the same to the uses, intents, and appoint­ments in the said Testament and last Will of the aforesaid John Barton the Elder the Testator expressed, during the life of the said William Fowler, applyed, converted, and payed; And afterwards, the 6 ^th. day of July, in the yeer of the Reign of King Henry the 6 ^th. the 30 ^th. The said William Fowler, at Buckingham aforesaid dyed, after whose death of the said William Fowler, the aforesaid William Brampton was seized of and in the said Messuage and 6. Acres of Pasture aforesaid, parcel, &c. with the ap­purtenances, in his Demesn as of Fee, to the uses & intents in the aforesaid last Will of the aforesaid John Barton the Elder before expressed, to be ful­filled: And that the said Richard Fowler had issue of his body lawfully begotten, one Edward Fowler, and the said Richard Fowler, after the death of the said William Fowler, into the aforesaid Messuage, and 6. Acres of Pasture, parcel, &c. with the appurtenances entred, and the Rents and profits therof yeerly after the death of the said William Fowler, arising, for and during the life of the said Richard Fowler took and had, and 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, applyed, converted, and payed, that is to say, until the 3 ^d. day of November, in the yeer of King Edward the 4 ^th. after the Conquest of England the 7 ^th. which said 3d. day of November, the aforesaid Richard Fowler, at Buckingham aforesaid dyed: After the death of which Richard aforesaid, the aforesaid Wil. Brampton was of the Messuage, and 6. Acres of Pasture aforesaid, parcel, &c. with the appurtenances seized in his Demesn as of Fee, to the uses and intents in the Testament afore­said of the said John Barton the Testator, limitted and declared, to be ful­filled; And that the said Edward Fowler, had issue of his body lawfully be­gotten, one Gabriel Fowler, and the said Edward after the death of the said Richard Fowler, into the aforesaid Messuage and 6. Acres of Lands, parcel, &c. with the appurtenances entred, and the Rents and Profits thereof yeerly, after the death of the said Richard Fowler, arising, for and during the life of the said Edward took and had, and the same to the uses, intents, and appointments, in the said Testament and last Will declared and limitted, Until the 4 ^th. day of February, in the yeer of the Reign of King Henry the 8 ^th. the 27 ^th. applyed, converted, and payed, which said 4 ^th. day of February, by virtue of a certain Act of Parliament at Westmin­ster in the County of Middlesex, for transferring of uses into possession, then held, made, the aforesaid Edward Fowler, was seized of and in the aforesaid Messuage, and 6. Acres of Pasture, parcel, &c. with the appur­tenances, in his Demesn as of Fee Tail; And so thereof being seized, the issues and profits thereof all his life took and had, and the same to the uses and intents in the Testament of the said John Barton the Elder above expressed, applyed, and converted; And that the aforesaid Ed­ward, so thereof being seised, afterwards, that is to say, the 28 th. day of May, in the yeer of the Reign of the late King Henry the 8th. the 32. at Buckingham aforesaid, of such his estate dyed thereof seized, After the death of which Edward Fowler, The said Messuage and 6. Acres of Pasture, parcel, &c. descended to the said Gabriel Fowler, as Son and Heir of the body of the said Edward Fowler lawfully begotten, By virtue of which the aforesaid Gabriel, into the aforesaid Messuage, and 6. Acres of [Page 116] pasture, parcell, &c. with the appurtenances, entred, and was thereof sei­sed in his demesn as of Fee tail, that is to say, to him, and the Heirs of his body lawfully begotten, the reversion in Fee simple thereof to the right Heirs of the said John Barton the Testator expectant, unto the uses in the said last Will, of the said John Barton the Testator expressed to be perfor­med; and the aforesaid Gabriel Fowler, the issues and profits thereof to the uses and intents in the said Testament of the aforesaid John Barton the Te­stator to be performed, limitted, received, disposed, and converted, from the time of the death of the said Edward Fowler, within 5. years next be­fore the first year of the Reign of King Edward the 6 ^th. that is to say, un­till the 4 ^th. day of May, in the year of the Reign of the late King Henry the 8 ^th. the 37 ^th. By colour of which aforesaid premises, and by force of a certain Act of Parliament, of the said King Edward, late King of England the 6 ^th. at Westminster, in the County of Middlesex, the 4 ^th day of Novem­ber, in the year of his Reign the first, begun, and from thence continued untill the 24 ^th. day of the same November then next following, & then and there holden, concerning Colleges, Free Chapels, Chauntries, Fraternities, Guilds, and other spiritual promotions, made and provided, The afore­said late King Edward the 6 ^th. immediatly after the Feast of Easter next following, after the making of the said Act of Parliament, was seised of, and in the aforesaid Messuage, and the aforesaid 6. Acres of pasture, par­cel, &c. with the appurtenances (amongst other things) in the said Te­stament as is aforesaid given and appointed, in his demesn, as of Fee, in the Right of his Crown of England, if the Law so in this case requireth: and that afterwards, the said late King dyed of the said Messuage, and 6. Acres of pasture so seised, if the Law of England so requireth, without Heir of his body begotten: after whose death the Messuage aforesaid, and the aforesaid 6. Acres of pasture, parcel, &c. with the appurte­nances (amongst other) descended to the Lady Mary late Queen of England, as Sister and Heir of the said late King Edward the 6 ^th. If the Law of England in this case requireth: By which the said late Queen Mary was seised of the Messuage aforesaid, and of the aforesaid 6. Acres of pasture, parcel, &c. (amongst other) in her demesn as of Fee, in the right of her Crown of England, if the Law this requireth; and he said late Queen Mary afterwards, and before the aforesaid time, in which, &c. dyed so hereof seised, if the Law of England in this case requireth, with­out heir of her body issuing, after whose death, the Messuage aforesaid, and the aforesaid 6. Acres of pasture, parcel, &c. with the appurtenances (amongst other) descended to the said Lady the Queen that now is, as Sister and Heir of the aforesaid late Queen Mary, if the Law of England in this case requireth, By which the said Lady the Queen that now is, was of the aforesaid Messuage, and 6. Acres of pasture, parcel, &c. with the appurtenances (amongst other) seised in her demesn as of Fee, in the right of her Crown of England, if the Law of England so thereof requireth: And the Jurors aforesaid further say upon their Oaths aforesaid, That after the aforesaid Act of Parliament aforesaid, in the year of the Reign of the late King Edward the 6 ^th. the first, made, The aforesaid Gabriel Fow­ler, occupied the aforesaid Messuage, and 6. Acres of pasture, with the appurtenances, parcel, &c. contin [...]ed, and was thereof seised in his de­mesn as of Feetail, if the Law of England in this case requireth it, having [Page 117] issue of his body lawfully begotten, one Richard Fowler, and so thereof seised, continued the occupation aforesaid, if the Law of England requi­reth it, and afterwards, and before the time in which, &c. that is to say, the first day of May, in the year of the Reign of the said Lady the Queen that now is, the 18 ^th. at Buck. aforesaid, of such his estate dyed thereof seised, if the Law of England requireth, By colour of which, the Messu­age aforesaid, and 6. Acres of pasture aforesaid, with the appurtenances, parcel, &c. descended, if the Law requireth, to the aforesaid Richard Fow­ler, as Son and Heir of the said Gabriel, By colour of which the said Ri­chard Fowler afterwards, and before the time in which, &c. into the Mes­suage, and 6. Acres of Lands aforesaid, with the appurtenances, parcel, &c. entred, and was thereof seised in his demesn as of Feetail, that is to say, to him, and the Heirs of his body lawfully begotten, if the Law of England this requireth; and the said Richard Fowler of the Messuage, and 6. Acres of pasture aforesaid, with the appurtenances, parcel, &c. so being seised, if the Law of England this requireth, The said Richard after, and before the time in which, &c. that is to say, the 10 ^th. day of March, in the year of the Reign of the said Lady the Queen that now is, the 33 ^th. at Buckingham aforesaid, By his writing bearing date the same day and year, with the Seal of the said Richard sealed, and to the Jurors aforesaid, in Evidence shewed, for a certain sum of money, in the said writing specifi­ed, if the Law of England this requireth, enfeoffed Francis Dayrell, and Ed­ward Dayrell Gen. of the Messuage, and 6. Acres aforesaid, with the ap­purtenances, parcel, &c. amongst other, To have to the said Francis, and Edward, their Heirs, and Assigns for ever, By virtue of which the said Francis, and Edward, in the Messuage, and 6. Acres of pasture aforesaid, parcel, &c. entred, and were thereof seised in their demesn as of Fee, if the Law of Engl. this requireth; & so being thereof seised, if the Law of Engl. this requireth, The said Francis, and Ed. afterwards, & before the a­foresaid time in which, &c. that is to say, the 18 ^th 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, en [...]eoffed the aforesaid John Lambert, of the aforesaid Messuage, and 6. Acres of pa­sture, parcel, &c. 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, &c. that is to say, the said 18 ^th. day of June, in the year 33 ^th. aforesaid, into the Messuage, and 6. Acres of pasture aforesaid, parcel, &c. with the appur­tenances entred, and was, and yet is thereof seised 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) seised in her demesn as of Fee in the right of her Crown of England, of and in the aforesaid Messuage, and 6. Acres of pasture, par­cel, &c. if the Law of England this requireth, after, and before the time in which, &c. that is to say, the 27 ^th. day of May, in the year of her Reign the 34 ^th. 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 shewed, 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 wel-belo­ved [Page 118] Cosin, 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, &c. of the said Earl, of her special grace, certain knowledge, and meer motion, Gave and gran­ted for her, her Heirs, and Successors, to her beloved Subjects, Edmond Downing, and Roger Rant Gent. the Messuage aforesaid, and the a [...]ore­said 6. Acres of pasture, with the appurtenances, in which, &c. (amongst other) By the name of all that her late Chauntry, called Bartons Chauntry, 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 Chauntry, called Bar­tons Chauntry, 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, lye 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 Annuntiati­on 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 wayes to be rendred, payed, 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 effectuall 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 tollerations 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 obteined, Notwithstanding the ill naming, or ill reciting, or non-reciting the aforesaid several Mannors, Rectories, Messuages, 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, ought 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 conteined; and notwithstanding other defects in not naming, or ill naming any Tenant, Farmor, or occupier of the Lands, Tenements, or [Page 119] 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, kinde or quality, by colour of which said Letters Patents, the aforesaid Edmond Downing and Roger Rant, were of the aforesaid Messu­ages and 6 Acres of Land parcel, &c. with their appurtenances (amongst other) seised in their demesn as of Fee, if the Law this requireth, and so thereof being seised, if the Law of England this requireth, and the a­foresaid John Lambert continuing his possessions thereof, and as before is said being seised, 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 Grays Inn in the County of Middlesex Gentle­man, of the other part, for a certain summ of good and lawfull mony of England to them before hand by the aforesaid Robert Snelling and Thomas Butler well and truely paid, gave, granted, sold, bargayned and confirmed, to the aforesaid Robert Snelling and Thomas Butler their heirs and assigns for ever, the Messuage aforesaid, and the aforesaid 6. Acres of Pasture, parcel, &c. 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, inrolled 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 shewed, 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 Messuage and of the aforesaid 6 Acres of Pasture, parcel, &c. with the appurtenances, in which, &c. a­mongst other, seised 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 seised, if the Law of England this requireth, af­ter and before the time in which, &c. 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 Messuage, and the aforesaid 6 Acres of Pa­sture, parcel, &c. with the appurtenances, entred and was thereof seised in their demesn as of Fee, if the Law of England requireth, and so there­of seised, 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 Messuage aforesaid and the aforesaid 6 Acres of of Pasture, parcel, &c. with the appurtenances (amongst other) to the aforesaid Theophilus Adams, to have to the said Theophilas Adams 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 compleat and en­ded: By virtue of which the said Theophilus Adams into the Messuage a­foresaid, and into the aforesaid 6 Acres of pasture, parcel, &c. with their appurtenances (amongst other things) afterwards, that is to say, [Page 120] the 16 day of April in the year of the Reign of the said Lady the Queen that now is the 39 entred 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 Messuage aforesaid, and the afore­said 6 Acres of Pasture, parcel, &c. with the appurtenances, entred, and the same Theophilus Adams 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 Adams, of and in the Messuage afore­said, and the aforesaid 6 Acres of Pasture, &c. with the appurtenan­ces, or not, the Jurors aforesaid are utterly ignorant of, and thereof they pray the advice of the Court here, &c. 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 Messuage aforesaid, and the aforesaid 6 Acres of Pasture, parcel &c. w ^th. the appurtenances, then 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 sute 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 Messuage aforesaid, and the aforesaid 6 Acres of Pasture, parcel, &c. with the appurtenances, then 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, &c. 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, &c. And so from Term to Term, untill 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; &c. 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 [Page 121] Theophilus Adams of and in the Messuage aforesaid, and the aforesaid 6 Acres of Pasture, parcel, &c. with the appurtenances, therefore it is considered, that the aforesaid Theophilus Adams shall recover against the aforesaid John Lambert his Term aforesaid yet to come of and in the a­foresaid Messuage 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 Adams 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, &c. and likewise the aforesaid Theo­philas Adams in mercy for his false clamor 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, &c.

Ejectione Firme.
Mich. 10. of King James: It begun Easter Term: 1 of King James Rott. 1639 in the Common pleas: Arthur Legats 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 entred, 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, &c. and whereupon, the said Arthur by Robert Love his Attorny 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 then last past, for and during the Term of 3 years from thence next following to be compleat and ended, by virtu of which demise, the said Arthur into the Tenements aforesaid with the appurte­nances entred, 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 armes, &c. 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, entred, and him from his Farm aforesaid did Eject, and other harms, &c. and against the peace, &c. whereupon he saith, that he is the worse, and hath damage, to the value of 20 pound, [Page 122] And therof he bringeth sute, &c. And the said Edward, by Thomas Blo­field his Attorny, cometh and defendeth the force and injury when, &c. And saith, he is not guilty of the Trespasse 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 Sherif, that he cause to come here, from the day of Holy Trinity, in three Weeks, 12. by whom, &c. And who neither, &c. Be­cause aswell, &c. 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 dayes 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, &c. 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 Attornies aforesaid, And the aforesaid Justices to Assizes, before whom, &c. 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 Crooke 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, &c. came aswell the within named Arthur, as the within written Edward Cockle, by their Attornies 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, Bartholmew Harison, Thomas Reynolds, William Bidwel, Henry Howlet, Thomas Crooke, Richard Russel, Thomas Filney, Iohn 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 Ju­stices aforesaid, from the Pannel aforesaid, was utterly drawn, &c. Therefore with the assent of the parties aforesaid, the Jury aforesaid was further put in respite here, until in 8. dayes of St. Hillary. Therefore that the Sherif have the Bodies, &c. And appoint, Decem Tales, At which day here cometh, aswell the aforesaid Arthur, as the aforesaid Edward, by their Attornies aforesaid; And the Sherif now sendeth, That as to the distreyning of Bartholmew Stone, that the Writ was so late delivered to him, that for the shortnesse 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 Sherif now sendeth, That execution thereof doth appear in a Schedule to the said Writ annexed, in which Schedule is contained, the Pannel of the names of Ten Jurors, whereof none, &c. Therefore the Jury aforesaid, again is put in respite here, until from Easter-day, in 15. dayes, unless the Justices of the King, To the Assizes in the County aforesaid to be taken assigned, by the form of the Statute, &c. Wednesday in the first Week of Lent, at Thetford, in the County aforesaid first shall come; for default of Jurors, &c. Therefore that the Sherif distrein the Jurors aforesaid, by all their Lands, &c. And that the issues, &c. So that they be here, unless, &c. to make the Jury aforesaid, &c. 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 Crooke Kt. one [Page 123] 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, &c. cometh aswell the within named Arthur Legat, as the within written Edward Cockle, by their Attornies 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, tryed, and sworn, say upon their Oath, That the late King and Queen, Philip and Mary, the 9 ^th. day of July, in the yeer of the Reigns of the same King and Queen, Philip and Mary, the 4th. and 6th. were seised of and in the Mannor of VVimondam [...], 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 Man­nor aforesaid, whereof, &c. being seised, The said King and Queen, the said 9th. day of July, in the yeer 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, & VVikemans, containing by estimation 15. Acres, lying and VVyndmondham aforesaid, in the County aforesaid, then or late in the tenure or occupation of Joh. Cole­man, & late to the Monastery of VVyndmondham, 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, &c. 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 diverse other cau­ses and Considerations us specially moving, Of special grace, and of our certain Knowledge and meer 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, &c. We also give, and grant, by these presents, to the aforesaid George How­ard Kt. Two pieces of our Lands, called Nettlehamsted, and VVikemans, containing by estimation 15. Acres, lying and being in VVymondhom afore­said, in the County aforesaid, now or late in the tenure or occupation of John Coleman, and late to the Monastery of VVyndmondham, sometimes be­longing and appertaining, and being parcel of the possessions thereof, &c. 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 Soyl 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 Abby, or Priory, or any of them, or any Guardians, or any Chapleins, Chaunters, or Incombents, or any Chap­lein, [Page 124] Chaunter, or Incumbent, of Chauntry, 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 ought 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, Chauntry, 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, ought to come, and in our Hands now of right by reason of the dissolutions of the said late Monastery, Priory, Chauntry, Guild, Lamps, Obits and Lights, are or ought 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 detayned, and the Rents and Revenews 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 cleer yearly va­lue of 22. pounds, 8. shillings, and 6. pence, and not above; that is to say, &c. 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 cleer yeerly va­lue of 56. shillings, and 4. pence; And if it shall happen the aforesaid Lands ands Tenements above expressed, or any parcel thereof, at the time of the making of these our Letters Patents, to be of greater yeerly va­lue, old Rent, than in those present Letters Patents is particularly speci­fied, That then it shall be lawfull 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. yeers, 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 yeerly 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 summs of good and lawful mony of England, to how much the said greater and yeerly value of the premises, or any parcel thereof, ac­cording to the rate of purchase of 21. yeers do amount unto, we be thereof satisfied and paid, To have, and to hold, and enjoy the aforesaid Messuages, Houses, Buildings, Lands, Tenements, Meadows, Feedings, 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 Assignes, to the proper use and behoof of him the said George and his Heirs and Assignes for ever, To hold the aforesaid Messuages, 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 Mannor of East Greenewich, by Fealty only in free [Page 125] 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 rendred, 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 Annuntiation of the blessed Mary the Virgin last past, 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 rendred, 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 wayes to be rendred, paid, or done, because expresse mention, &c. In Witnesse, &c. T. R. and R. at Westm. the 9th. day of July, in the yeers 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 Mannor 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 Mannor was in charge and account of Record, and the Rents and the Reversions thereof to the said late King and Queen, Philip and Mary, were answered: But whether the Lands and Tenements in the Declaration above mentioned, by the said Letters Patents, to the aforesaid George Howard Kt. passed or not, the Ju­rors aforesaid are ignorant, and thereof pray the Advice and Considera­tion of the Court in the premises; And if upon the whole matter afore­said, by the Jurors aforesaid, in form aforesaid found, It shall seem to the Justices of the Court, That the aforesaid Lands, and Tenements, in the Declaration aforesaid mentioned, by the aforesaid Letters Patents of the Lord Philip and Mary, late King and Queen of England, to the aforesaid George Howard did passe, Then the Jurors aforesaid, say that the aforesaid Edward Cockle is not guilty of the Trespasse and Ejectment, as he before in pleading hath alleged: And if upon the whole matter, by the Jurors aforesaid, in form aforesaid found, It shall seem to the Justices and Court, That the Lands, and Tenements, in the Declaration within written, by the aforesaid Letters Patents, of the Lord Philip and Mary, King and Queen of England, to the said George Howard, passed not, &c.

Michaelmass Term, in the 6 ^th. yeer of King JAMES, in the COMMMON-PLEAS, Doctor Bonhams Case, Co. 8. part. London.

HEnry Atkins of London Doctor of Physick, George Turner of London Doctor of Physick, Thomas Moundford of London Doctor of Physick, John Argent of London Doctor of Physick, John Taylor of London Yeo­man, And William Bowden of London Yeoman, were Attached to answer to Thomas Bonham of London, Doctor in Philosophy, and of Physick, of a Plea, wherefore they, together with William Dun of London Doctor of Physick, and Richard Ware of London Skinner, with force and Arms him the said Thomas Bonham took, imprisoned, and evil handled, and him in Prison against the Law and Custom of the Kingdom of England did long detain, and other harms to him did, to the great damage of the said Thomas Bonham, and against the Peace of the Lord the King that now is, &c: And whereupon the same Thomas Bonham, by Richard Coke his Attorny, complaineth, That the aforesaid Henry, George, Thomas Mound­ford, John Argent, John Taylor, and William Bowden, together, &c. the 10th. day of November, in the yeer of the Reign of the said Lord the King that now is, the 4th. with force and Arms, him the said John in the Parish of the blessed Mary of Bow, in the Ward of Cheap, took and imprisoned, and evilly handled, and him there so in Prison a long time, that is to say, by the space of 7. dayes, against the Law and Custom of this Kingdom of England detained, and other harms, &c. to the great damage, &c. and against the Peace, &c. whereupon he saith, that he is the worse, and hath damage to the value of 300. pounds, and thereof bringeth sute, &c. And the aforesaid Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, by Francis Barker their Attorny, come and defend the force and injury when, &c. And as to the coming with force and Arms, say, That they are not thereof guilty, And of that put themselves upon the Country, and the aforesaid Thomas Bonham likewise, And as to the rest of the Trespass and Imprisonment aforesaid, above supposed to be done, The said Henry, George, Thomas Moundford, John Argent, John Taylor, and VVilliam Bowden say, That the aforesaid Thomas Bonham, his Action aforesaid against them ought not to have, because they say, That before the aforesaid time, in which it is supposed the aforesaid Trespasse and Imprisonment to be done, The Lord Henry late King of England the 8th. the 23d. day of September, in the yeer of his Reign [...] by his Letters Patents, which the said Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, with his great Seal of Eng­land sealed, bearing date at VVestminster, the same day and yeer here in Court brought, Reciting, Wherereas he thought it the duty of his King­ly Office, in all reason to provide for the good and welfare of his People, [Page 127] That would first of all be done, if he might in due season meet with the enterprizes of wicked men, first therefore ye held it necessary to restrain the boldness of wicked men, who professed Physick more for avarice, than out of confidence of a good Conscience; Whereupon, very many incom­modities did arise, to the rude and credulous Cōmon-people, Therefore, partly imitating the example of the well-governed Cities, and other Na­tions inclined thereunto, at the request of the grave Men and Do­ctors, John Chambre, Thomas Linacre, Ferdinand de Victoria, his Physicians, of Nicholas Hatswel, John Francisco, and Robert Yoxley Physicians, and chief­ly of the right Reverend Father in Christ, and Lord, Thomas, titled of the Holy Church beyond Tyber, Priest of the most Holy Church of Rome, Cardinal of York, Arch-Bishop, and our Well beloved Chancellor of our Kingdom of England; A College perpetual of Doctors and Grave Men, who Physick in his City of London, and the Suburbs, and within 7. Miles from the said City every way, might publickly exercise, he Willed and commanded to be instituted, to whom, for his honour, and in the name of the publick good, and care, (as he hoped) the ignorance and rashness of the malitious, which he remembred, as well by their example and gravity to deterr, as by his Lawes late made, and and by Constitution to be made by the same College to punish; Which that they might more easily well accomplish, to the remembred Doctors, John Chambers, Tho­mas Linacre, Ferdinand de Victoria, his Physicians, Nicholas Hatswel, John Francisco, and Robert Yoxley Physicians, he granted, that they, and all Men of the same faculty, of and in the City aforesaid, should be in deed and Name, one Body and Comminalty perpetual, or College perpetual, and that the said Comminalty or College every yeer for ever, might chose and make of that Cōminaltie, any diligent man, and skilful in the faculty of Physick, to be President of the said College or Comminalty, to oversee, rule, and govern, for that yeer the College or Comminalty aforesaid, and all men of the said faculty, and their businesses; And that the said Presi­dent and College or Comminalty should have perpetual succession, and a Common Seal, to serve for the businesses of the said Comminalty and Pre­sident for ever, And that they and their Successors for ever, should be persons able and capable to purchase and possesse in Fee, and for ever, Lands, Tenements, Rents, and other possessions whatsoever; He also granted to them and their Successors, for him and his Heirs, That they and their Successors, might purchase to them and their Successors, aswell in the said City, as out of it, Lands, and Tenements whatsover, not ex­ceeding the yeerly value of 12. pound, notwithstanding the Statute of Ali­enation in Mortmain, And that they by the name of President of the Col­lege or Cōminalty 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 President and College, or Comminalty, and their Successors, lawful assemblies, and honest of themselves, and Sta­tutes and Ordinances for the wholesom Government, Oversight, and Cor­rection of the College or Comminalty 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, [Page 128] Sherifs, and other his Bayliffs and Ministers, his Heirs and Suc­cessor whatsoever; He also granted to the said President, College, or Comminalty, and their Successors, That none in the said City, or 7. Miles in Circuit thereof, do exercise the said faculty, unlesse to this, by the said President or Comminalty, or their Successors, who for the time should be, he be admitted by the Letters of the said President and College, with their Common Seal sealed, upon the penalty of 100. shillings for every Moneth, 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 President and College to be applyed; He besides, willed and granted, for him and his Successors (as much as in him was) That by the President and College of the aforesaid Comminalty, for the time being, and their Successors for ever, Four every yeer 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 Physick within the said City, and so of other Physicians forein whomsoever, the said faculty of Physick 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 Physici­ons or any of them to the Leige 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 Physick, in the Premises offending, by Fines, Amercement, and Imprisonment of their Bodies, and by other wayes 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 President, 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 Assises, Juries, Inquisitions, Attachments, and other Recognitions, with­in the said City, & the Suburbs thereof for ever, before the Mayor, or She­rifs, 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 Governours, and Comminalty 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 Sherifs 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 Comminalty perpetual, or College perpetual; And that after­wards, [Page 129] by a certain Act of Parliament, of the said late King Henry the 8th. holden at London, the 15th. day of April, in the yeer of his Reign the 14th. and from thence adjourned unto Westminster, in the County of Middlesex, the last day of July, in the yeer 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 Common-wealth of this Kingdom of England, and besides it was expedient and necessary to provide, That no person of the said body politick and Comminalty afore­said, should be suffered to exercise and to practise Physick, but onely such persons as should be profound, sad, and discreet, groundedly learned, and deeply studied in Physick, In Consideration whereof, and for the further authorizing of the said Letters Patents, and also for the enlarging and am­plifying of further Articles for the aforesaid Common-wealth, to be had and made by the said late King, with the consent of the Lords Spiritual, and Temporal, and Comminalty in the said Parliament assembled, It is Enacted, amongst other things, That the aforesaid Corporation of the Comminalty and fellowship of the faculty of the Art of Physick 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 cleerly be authorized and ad­mitted by the same good, lawful, and available, to the aforesaid bodie 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 Comminalty, who from thenceforth should be called and named Elects, and the aforesaid Elects, yeerly should choose one of them to be President of the said Comminalty, and as often as any of the Rooms and place of the said Elects, should happen to be void by death, or otherwise, then the Supervisors of the said Elects, within 30. or 40. dayes, 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, &c. 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 yeer of the Reign of the Lord Henry, late King of England the 8th. the 14th. and from thence adjourned unto VVestminster, the last day of June, in the yeer 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 [Page 130] 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 evill usage, and undue administration of Physick, and for the amplifying, and inlarging of the last Articles, for the better execution of the things in the aforesaid grants conteined, it was further E­nacted, That whensoever the President of the College, or Comminalty of the faculty of Physick in London for the time being, or such as the aforesaid President, and College yearly, according to the Tenor, and meaning of the same Act, should authorize 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, conteined 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 prise, until such offender, & offenders, or disobedients, be discharged of the aforesaid imprisonment by the afore­said President, and such persons as by the aforesaid College should be au­thorized, upon pain, that every such Warder, Gaoler, 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 President, 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 imployed to the use of the said late Queen, her Heirs, and Successors, and the other moiety to the aforesaid President, 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, Gaoler, 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, Bayliffs, Constables, and other Ministers, and Officers within the City, and precinct aforesaid, upon request to them made, should help, aid, and assist the President 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 cōtempt 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 Physick, a man diligent, and skilful in the fa­culty [Page 131] of Physick, and then one of the Comminalty of the College of Phy­sitions in London aforesaid, before the time in which, &c. 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 Baynards Castle, was duly chosen President of the College aforesaid, and then and there held the said Office of President of the College aforesaid, And the said Thomas Langton being President of the College aforesaid, The same President and Cōminalty of the College aforesaid, the same 30th. day of September, in the yeer 1606 abovesaid, at the College aforesaid, chose Ralph Wilkinson, William Du [...], Richard Palmer, and John Argent, diligent men, and skilful in the faculty of Physick, and then being 4. Doctors of the College aforesaid, to be the 4. Censors or Governours of the Commi­nalty aforesaid, to oversee, teach, correct, and govern, all and singular Physicians of the said City, using the faculty of Physick in the said City, and other forein Physicians whomsoever, frequenting to, and using the said faculty of Physick, any wayes 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 Physick, by Fines, Amercements, and Imprisonment of their Bo­dies, and other wayes reasonable and fitting, according to the form and effect of the said Letters Patents, and the Statutes aforesaid: And the said Thomas Langton, being President of the College aforesaid, and the aforesaid Ralph Wilkinson, William Dun, Richard Palmer, and John Argent, being like­wise the 4. Censors or Governours of the College aforesaid, The aforesaid Thomas Bonham, within the aforesaid time in which, &c. That is to say, the 10th. day of Aprill, in the yeer 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 practise Physick, not admitted by the Letters of the aforesaid President and College, sealed with their Common Seal, whereas in truth, the aforesaid Thomas Bonham, was insufficient to practise Physick; By reason whereof the said Thomas Bonham afterwards, that is to say, the 13th. day of April; in the yeer of our Lord, 1606. at London, in the Parish and Ward aforesaid, was summoned by the aforesaid Censors or Governours of the College aforesaid, to appear before the President, and Censors, or Governours, of the College aforesaid, at the College afore­said, in the Parish and Ward aforesaid, the 14th. day of April, in the yeer of our Lord, 1606. abovesaid, then next following, to be examined upon the premises: At which 14th. day of April, in the yeer 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 facultie of Physick administred, 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 Physick, then and there upon his exami­nation aforesaid, and was [...]ound by the aforesaid President, and Censors, or Governours of the College aforesaid, very insufficient, and unskilful, to administer Physick; And for that the aforesaid Thomas Bonham, being ma­ny [Page 132] times examined, and forbidden by the President, and Censors, or Go­vernours aforesaid, for the causes aforesaid, to adminster Physick, for a Moneth 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 license of the aforesaid President 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 President, and Censors, or Governours, 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 President and College, at the College aforesaid to be paid: And then and there it was commanded, to the said Thomas Bonham, by them the President, and Censors, or Govern­ours of the College aforesaid, That the aforesaid Thomas Bonham, from thenceforth should forbear to practise Physick 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 Physick, within the City and circu­it aforesaid, by the President 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, &c. That is to say, the first day of October, in the yeer of our Lord, 1606. abovesaid, At the College aforesaid, in the Parish and Ward afore­said, The aforesaid Thomas Langton, Doctor of Physick, a man diligent, and skilful in the faculty of Physick, & then one of the Cōminalty 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 President of the College aforesaid, for one year then next following, and the Office of President of the College aforesaid, then and there held; And the said Tho­mas Langton, being President of the College aforesaid, the same President and Comminalty of the College aforesaid, the said first day of October, in the yeer 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 Physick, 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 Physick in the said City, and other forein Physicians whomsoever, frequenting to, and exercising the said faculty of Physick, 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 Physick 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 Physick in the premises, Delinquents, by Fines, Amercements, and Imprisonments of Body, and other wayes reasonable and fitting, according to the form and effect of the Letters Patents aforesaid, and the Statutes aforesaid: And the said Thomas Langton, being President of the College aforesaid, & the aforesaid G. Turner, Thomas Moundford, Wil. Dun, & John Argent, being likewise the 4: Censors, or Governours of the College aforesaid, The said Thomas Bonham, before the [Page 133] time in which, &c. that is to say, the 20th. day of October, in the yeer 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 Physick, contrary to the form of the aforesaid Letters Patents, and the Statutes aforesaid, and the aforesaid Forbidding and Command of the aforesaid President and Censors; And afterwards, that is to say, The same 20th. day of October, in the yeer 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 Governours of the College aforesaid, at the College aforesaid, in the Parish and Ward aforesaid, the 22d. day of the said moneth of October, upon the premises to be examined, At which 22d. day of October, in the yeer 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 yeer of our Lord, 1606. abovesaid, before the said George Turner, Wil. Dan, Thomas Moundford, and Joh. Argent, then Censors & Govern­ours of the College aforesaid, because that the said Thomas Bonham, by the a­foresaid Censors or Governours of the College aforesaid, as it is said, warned to appear at the College aforesaid, before the President, & Censors, or Go­vernours 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 Governours 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, &c. that is to say, the 24th. day of Octo­ber, in the yeer of our Lord, 1606. abovesaid, The said Thomas Langton Pre­sident of the College aforesaid, at London, in the aforesaid Parish of the blessed Mary of Bow, in the Ward of Cheap aforesaid, dyed; After whose death, and before the time in which, &c. That is to say, the 25th. day of October, in the yeer of our Lord, 1606. abovesaid, The said Henry Atkins, a diligent man, and skilful in the faculty of Physick, and one of the Com­minalty 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 President of the College aforesaid, for one whole yeer then next following, and then and there held the said Office of President, of the College aforesaid; And the said Henry Atkins, being President of the College aforesaid, and the aforesaid George Turner, William Dun, Thomas Moundford, and John Argent being Censors, or Governours 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 yeer of our Lord, 1606. abovesaid, before the aforesaid Henry Atkins, then President of the College aforesaid, and the a­foresaid George Turner, William Dun, Thomas Moundford, and John Argent, then Censors or Governours of the College aforesaid, came the aforesaid Thomas Bonham in his proper person, Of which Thomas Bonham when the aforesaid Henry Atkins, then President of the College, and the aforesaid George Turner, VVilliam Dun, Thomas Moundford, and John Argent then Cen­sors [Page 134] or Governours of the College aforesaid, they asked whether he would satisfie 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 Physick, no leave being asked of the said College, and that he would not in any thing to the President, and Censors, or Governours of the College a­foresaid yield obedience; And then and there affirming the aforesaid Pre­sident, and Censors, or Governours aforesaid, to have no authority over those who are made Doctors in the University: By which, the said Censors, or Governours, 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 President, and Censors, or Governours 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 Comminalty 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 Main-prise, at the proper costs and charges of the aforesaid Thomas Bon­ham, until the aforesaid Thomas Bonham, by the command of the President, and Censors, or Governours 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 President of the College aforesaid, & the afore­said George Turner, William Dun, Thomas Moundford, and John Taylor, then being Censos or Governours of the College aforesaid, by virtue of the Letters Patents and Statutes aforesaid, and the aforesaid William Bowden, and John Taylor, as Servants of the said Henry Atkins President, and of George, William Dun, Thomas Moundford, and John Argent, and by their the said Pre­sident, and 4. Censors or Governours aforesaid. Warrant, the aforesaid time in which, &c. to one Richard Ware, then 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 averr, and demand Judgement, if the said Thomas Bonham, his Action aforesaid against them ought to have, &c. 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 President, and Cen­sors, or Governours, of the College aforesaid, to practise Physick, nor unfitly, or insufficiently to the aforesaid President, and Censors, or Go­vernours, of the College aforesaid in the Art of Physick 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 [Page 135] 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 yeer of his Reign the 14th. and from thence ad­jorned to VVestminster, in the aforesaid County of Middlesex, until the last day of July, in the yeer 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 Diocesse 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 Physick in them, That no person then after be suffered to exercise Physick through England, until the said person should be examined at London, by the aforesaid President, and three of the aforesaid Electors, and should have from the said President 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 Physick, 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 Physick, according to the Lawes, Statutes, Constitutions, and ordinances of the said University of Cambridge aforesaid, and that he the said Thomas Bonham, then and there had accomplished all things concerning his Degree aforesaid, by his form, without grace, from time to time, according to the Lawes, Statutes, Constitutions, and Or­dinances of the said University of Cambridge aforesaid; By colour whereof, the same Thomas Bonham, a Graduate of the University of Cambridge afore­said, that is to say, being Doctor in Physick in the form aforesaid, who had accomplished all things concerning his Degree aforesaid, for his form, with­out any grace, The said faculty of Physick from time to time in the said City of London, that is to say, in the aforesaid Parish of the blessed Mary of Bow, in the Ward of Cheap aforesaid did exercise, as it was lawful for him to do, until the aforesaid Henry Atkins, George Turner, Thomas Mound­ford, John Argent, John Taylor, and William Bowden, together with, &c. the aforesaid 10th. day of November, in the 4th. yeer abovesaid, with force and Arms him the said Thomas Bonham, at London aforesaid, in the aforesaid Parish of the blessed Mary of Bow, in the Ward of Cheap, took and imprison­ed, and him there in Prison long, that is to say, by the space of 7. dayes, against the Law and Custom of this Kingdom of England did detain, as the aforesaid Thomas Bonham above against them complaineth, and this he is ready to averr; Whereupon, in as much as the aforesaid Henry Atkins, George Turner, Thomas Moundford, John Argent, John Taylor, and William Bowden, the Trespasse and Imprisonment aforesaid, above have acknow­ledged, The said Thomas Bonham demandeth Judgement, and his dama­ges by reason of the Trespasse and Imprisonment aforesaid, to be adjudged unto him, &c. And the aforesaid Henry Atkins, George Turner, Thomas Mound­ford, John Argent, John Taylor, and William Bowden, say, That the aforesaid Plea of the aforesaid Thomas Bonham, above by Replication pleaded, is not sufficient in Law, to the Action of the aforesaid Thomas Bonham, against them the said Henry Atkins, George Turner, Thomas Moundford, John Argent, John [Page 136] Taylor, and William Bowden, to maintain, and that they to that Plea in manner and form aforesaid by Replication pleaded, need not, nor by the Law of the Land are bound to answer, and this they are ready to averr, whereupon they demand Judgement, and that the said Thomas Bonham, from having his Action aforesaid against them to be barred; And the afore­said Thomas Bonham, for as much as he sufficient matter in Law, to main­tain his Action aforesaid, against the said Henry Atkins, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, above hath alleged, which he is ready to aver, which matter the aforesaid Henry, George, Thomas Moundford, John Argent, John Taylor, and William Bowden, do not deny, nor to the same any wayes answer, but the same averment altogether to admit do refuse, as at first, he demands Judgement and his damages, by occasion of the Trespasse and Imprisonment aforesaid to be adjudged to him, &c. And because the Justices here will avise themselves of and upon the premi­ses aforesaid, whereof the parties have put themselves to the Judgement of the Court aforesaid, before that they give their Judgement thereof, Day is given to the parties here, until in 8. dayes of St. Hillary, to hear their Judgement thereof, because the Justices here, are not yet, &c.

Michaelmass Term, Anno 37. & 38. Eliz. Rot. 82. in the COMMON PLEAS, Lincoln Col­lege Case, C. 3. part. fol. 53. a.

Robert Chamberlain Esq. by Apollo Plain his Attorny, demandeth against the Warden or Rector, and Scholars of the Blessed Lady Mary, and All Saints of Lincoln, in the University of Oxford, the Mannors of Pettesho, and Eckney, with the appurtenances, Except 120. Acres of Pasture in Pette­sho aforesaid, and 30. Acres of Pasture in Eckney aforesaid, which Alured Cornburgh Esq. Richard Danvers Esq. Nicholas Statham, and William Callow, gave to Richard Chamberlain Esq. and Sibil Fowler, and the Heirs Males of the Body of the said Richard Chamberlain begotten: And which, after the death of the aforesaid Richard and Sibil, and of Edward, Son and Heir of the said Edward Chamberlain, and of Leonard, Son and Heir of the said Ed­ward, and of Francis, Son and Heir of the said Leonard, to the aforesaid Robert, Son and Heir of the aforesaid Francis, ought to descend by the form of the gift aforesaid, &c. Whereupon he saith, That the aforesaid Alured Conn [...]burgh, Richard Dan [...]rs, Nicholas and William, gave the Mannors a­foresaid with the appurtenances, to the aforesaid Richard Chamberlain, and Sibil, and to the Heirs Males of the Body of the said Richard Chamberlain begotten, in form aforesaid, &c. By which gift, the said Richard, and Sibil, were seised of the said Mannors with the appurtenances, that is to say, the said Richard, in his Demesn as of Fee and Right, and the said Sibil, in her Demesn as of Free hold, by the form, &c. in the time of peace, in the time of the Lord Ed. late King of England the 4th. after the Conquest, taking thereof [Page 137] the profits to the yeerly value, &c. And from him the said Richard, the Right descended by the form, to one Edward, as Son and Heir, &c. And from him the said Edward, the Right descended by the form, &c. to one Leonard, as Son and Heir &c. And from him the said Leonard, the Right descended by the form, &c. to one Francis, as Son and Heir, &c. And from the said Fran. Son of the said Leonard, the Right descended by the form, &c. to this Robert, who now demandeth as Son and Heir, &c. And which after the death, &c. And thereof bringeth Sute, &c. And the aforesaid War­den, or Rector, and Scholars, by William Pain their Attorny come, and de­fend their Right when, &c. And say, That the aforesaid Robert Chamber­lain, his Action aforesaid, against them ought not to have, By protestation taking it, That the aforesaid Alured Cornburgh, Richard Danvers, Nicholas Stathum, and William Collow, did not give the Mannors aforesaid with the appurtenances, to the aforesaid Richard Chamberlain, and Sibil Fowler, in manner and form, as in the Declaration aforesaid is alleged, For Plea say, That long after the time in which the gift aforesaid is supposed to be made, Richard Lyster Gent. Martin Linsey, John Cotesford, John Clayton, Wil­liam Hogeson, and Robert Taylor, Clerks, were seised of the Mannors afore­said with th appurtenances in their Demesn as of Fee, and so being thereof seised, The aforesaid Sibil, Great-Grandmother of the said Robert Cham­berlain, whose Heir the same Robert is, The 5th. day of May, in the yeer of the Reign of the Lord Henry, late King of England the 8th. the 11th. at 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 yeer, remised, released, and altogether for her and her Heirs, for ever quit claimed, to the aforesaid Richard Lyster, Martin Linsey, John Coteford, John Clayton, Wil­liam Hogeson, and Robert Taylor, then of the Mannors aforesaid with the appurtenances in form aforesaid being seized, in their full and peaceable possession then being, their Heirs and Assignes for ever, All her Right, Claim, Title, Use, Interest, and Demand, which ever she had, now hath, or at any time after, might have, of and in the Mannors aforesaid with the appurtenances: And further, the said Sibil, by her aforesaid Writing, granted for her and her Heirs, That she the said Sibil, and her Heirs, the Mannors aforesaid with the appurtenances, to the said Richard Lyster, Mar­tin Linsey, John Coteford, John Clayton, William Hogeson, and Robert Taylor, their Heirs and Assignes, against the then Abbot of Westminster, and his Successors would warrant, and for ever defend, as by the said Writing of Release more fully appeareth: And this the said Warden, or Rector, and Scholars are ready to averr, whereupon they demand Judgement, if the aforesaid Robert Chamberlain, against the aforesaid Writing of Release, the said Warranty of the said Sibil his Ancestor, whose Heir the said Robert is, in it contained, his Action aforesaid against them ought to have, &c. And the aforesaid Robert Chamberlain saith, that he for any thing before alleged, to have his Action aforesaid ought not to be barred, because he saith, That long before the aforesaid Deed, and before the aforesaid Alured, Richard Danvers, Nicholas Stathum, and Wil­liam Collow, had any thing in the Mannors aforesaid with the appur­tenances, The aforesaid Richard Chamberlain, was seized of the aforesaid Mannors with the appurtenances, in his Demesn as of Fee, And the said Richard so thereof being seized before the gift aforesaid, that is to say, the 12th. day of June, in the yeer of the Lord Edward, late King of England, the [Page 138] 4th. after the Conquest, the 11th. The aforesaid Richard Danvers, Alured Cornburgh, Nicholas Stathum, and William Collow, out of the Court of the Chancery of the said late King Edward the 4th. at Westminster in the County of Middlesex, then being, brought and prosecuted a certain Writ of the said late King Edward the 4th. of Right, against the said Richard Chamber­lain, then being Tenant of the Free hold, of the Mannors aforesaid with the appurtenaces, amongst other things, to the then Sheriff of the County of Buckingham directed: By which Writ, the said late King then and there commanded the said Sherif, That he should command the said Richard Chamberlain, by the name of Richard Chamberlain, Esq. that justly, and with­out delay, he render to the said Richard Danvers, Alured, Nicholas, and Wil­liam, by the names of Richard Danvers, Alured Gorneburgh Esq. Nicholas Sta­thum, and William Collow, the Mannor aforesaid with the appurtenances, (amongst other) by the names of the Mannors of Pettesho, and Eckney, with the appurtenances, & 6. Messuages, 200. Acres o [...] Land, 20. Acres of Medow, 200. Acres of Pasture, & 100. shillings Rent, with the appurtenances in Pet­tesho; Eckney, & Emberton, which he claimeth to be his Right & Inheritance: And whereupon they complained Chamberlain them unjustly deforced, and unlesse he do, and the aforesaid Richard Danvers, Alured, Nicholas, and William Collow, should him the said 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, then nex [...] following, to shew wherefore ye sho [...]ld not do, And that he have then this summons, and that Writ, Because Thomas Rokes, Esq. Chief Lord of the same Fee, remised thereof his Court to the said late King Edward the 4th. At which 15. dayes of John the Baptist, before Thomas Bri­an Kt. and his Companions, then Justices of the said late King Edward, the 4th. of the Bench here, that is to say, at Westminster aforesaid, came aswell the aforesaid Richard Danvers, Alured, Nicholas Stathum, and William Collow, by Thomas Gurney their Attorny, as the aforesaid Richard Chamberlain, by John Wildstall then his Attorny, And then the Sherif of the aforesaid Coun­ty of Buckingham, that is to say, Reginald Gray Esq. then there returned the Writ aforesaid, to him in form aforesaid directed, in all things served and executed, and sent, that the aforesaid Richard Danvers, Alured, Nicholas, and VVilliam Collow, found to the said then Sherif, sureties to prosecute his Writ aforesaid, that is to say, Richard Doo, and Iohn Roo, And that the said Richard Chamberlain, was summoned by Iames Tye, and Iohn Baker, good summoners, &c. And hereupon, The said Richard Danvers, Alured, Nicholas Stathum, and William Callow, by the said Thomas Gurney their Attorney, in the said Court of the aforesaid late King Edward the 4th. of the Bench here, that is to say, at Wostminster aforesaid, at the 15. dayes aforesaid, of St. Iohn Baptist, Declared against the said Richard Chamberlain, of and upon their Writ aforesaid, and upon their Writ aforesaid by the same Thomas Gurney, demanded against the aforesaid Richard Chambrlain, the Mannors, Tene­ments, & Rents aforesaid with the appurtenances, in the said Writ of Right specified, as their Right and inheritance, by the aforesaid Writ of the said late King Edward the 4th. because the aforesaid Thomas Rokes, Chief Lord of the same Fee, Released thereof his Court to the said late King, And where­upon then they said, That they themselves were seized of the Man­nors aforesaid, and of the Rents aforesaid with the appurtenances, in the said Writ of Right specified, in their Demesn as of Fee and Right, in the [Page 139] time of Peace, in the time of the said late King Edward the 4th. taking the profits therof to the value, &c. And that such is their Right then, they did offer, &c. And the aforesaid Richard Chamberlain, by the aforesaid John Wildsta [...]e, by his Attorny, came and defended the Right of the said Richard Danvers, Alured, Nicholas, and William, when, &c. And their seisin, of which seisin, &c. as of Fee and Right, &c. And all, &c. And chiefly of the Mannors, Tenements, and Rents aforesaid with the appur­tenances, in the said Writ of Right specified, and then vouched hereof to warranty, Robert King, who was present in the same Court in his proper person, and willingly, the Mannors, and Tenements, and Rents afore­said with the appurtenances, in the said Writ of Right specified, to them then did warrant, &c. Whereupon the aforesaid Richard Danvers, Alu­red, Nicholas, and William, then demanded against the aforesaid Robert, Te­nant by his warranty, the Mannors, Tenements, and Hereditaments a­foresaid, in the said Writ of Right specified, in form aforesaid, &c. And whereupon, then they said, That they themselves were seised o [...] the Mannors, Tenements, and Rents aforesaid with the appurtenances, in their Demesn as of Fee and Right in the time of peace, in the time of the said late King Edward the 4th. taking thereof the profits to the value, &c. And the aforesaid Robert, Tenant by his warranty aforesaid, defended the right of the said Richard Danvers, Alured, Nicholas, and William, when, &c. And their seisin, of which seisin, &c. as of Fee and Right, and all, &c. And chiefly of the Mannors, Tenements, and Rents aforesaid with the appurtenances, in the said Writ of Right specified. And then put him­self on the grand Assize, of the said late King Edward the 4th. and then de­manded Recognition to be made, whether he more right then had, to hold the Mannors, Tenements, and Rents aforesaid, with the appurtenances, to him and his Heirs, as Tenant thereof by his warranty as he then held, or the aforesaid Richard Danvers, Alured, Nicholas, and VVilliam, to have the Mannors, Tenements, and Rents aforesaid with the appurtenances, in the said Writ of Right specified, as they above them demanded, &c. And the aforesaid Richard Danvers, Alured, Nicholas, and VVilliam, then returned back in the same Court, the same very Term of Holy Trinity, in the year of the Reign of the said late King Edward the 4th. after the Conquest the 11th. by their then Attorny aforesaid, And the aforesaid Robert, sollemn­ly called, did not come back, but departed in despite of Court, and made default, wherefore it was then granted by the same Court, That the a­foresaid Richard Danvers, Alured, Nicholas, and VVilliam, should recover their seisin against the aforesaid Chamberlain, of the Mannors, Tenements, and Rents aforesaid with the appurtenances, in the said Writ of Right specified, To hold to them and their Heirs, quietly from the aforesaid Richard Chamberlain and his Heirs; And that the aforesaid Richard Cham­berlain, then should have of the Lands of the said Robert, to the value, &c. And that the said Robert, should then be in mercy, &c. as by the Record and Processe thereof here in Court remaining it manifestly appeareth. Which Recovery in form aforesaid had, was had to the use and intent, that the aforesaid Alured, Richard Danvers, Nicholas Stathum, and VVilliam Collow, should give the Mannors aforesaid with the appurtenances, to the afore­said Richard Chamberlain, and Sibil, and the Heirs Males of the Body of the said Richard Chamberlain issuing: By Colour of which Reco­very, the aforesaid Alured, Richard Danvers, Nicholas, and VVilliam Col­low, [Page 140] into the Mannors and Tenements aforesaid with the appurtenances entred, and were thereof seised in their Demesn as of Fee, to the use and intent aforesaid: And so thereof to the use and intent aforesaid being seised, The said Alured, Richard Danvers, William Stathum, and Willam Collow, give the aforesaid Mannors with the appurtenances to the aforesaid Richard Chamberlain, and Sibil, By the names of Richard Chamberlain Esq. and Sibil Fowler, and the Heirs Males of the Body of the said Richard Chamberlain issuing, as the said Robert Chamberlain, by his Writ and Declaration afore­said above supposeth: By which gift the aforesaid Richard Chamberlain, and Sibil, were seised of the Mannors aforesaid with the appurtenances, that is to say, the said Richard Chamberlain, in his Demesn as of Fee Tail, that is to say, to him and the Heirs Males of his Body issuing, and the aforesaid Sibil, in her Demesn as of Free hold, for the term of her life, by the form of the gift aforesaid: And afterwards the said Richard Chamberlain, at Pette­sho aforesaid, took to Wife the aforesaid Sibil, Great Grandmother of the aforesaid Robert Chamberlain, and had issue male of his Body issuing, the aforesaid Edward Chamberlain, and afterwards the said Richard Chamberlain, at Pettesho aforesaid dyed, and the aforesaid Sibil him overlived, and held her self in the Mannors aforesaid with the appurtenances, and was thereof sole seised in her Demesn as of Free hold, for the Term of her life, by right of Survivor, &c. by the form of the gift aforesaid; And afterwards the said Sibil by her aforesaid Writing of Release, Remised, and released to the aforesaid Richard Lyster, Martin Linsey, John Cottesford, John Clayton, and VVilliam Hogeson, and Robert Taylor, all her Right, Claim, Title, State, Use, Interest and demand, of and in the Mannors aforesaid with the ap­purtenances, in manner and form, as in the aforesaid Bar above is specifi­ed; And that afterwards, the said Sibil, at Pettesho aforesaid dyed: And from the aforesaid Richard, the right descended by the form, &c. to the a­foresaid Edward, as Son and Heir, &c. And from the said Edward, the right descended by the form, &c. to the aforesaid Leonard, as Son and Heir, &c. And from the aforesaid Leonard, the right descended by the form, &c. to the aforesaid Francis, as Son and Heir, &c. And from the said Francis, the right descended by the form, &c. to the said Robert, who now demandeth as Son & Heir, &c. as he by his Writ and Declaration aforesaid supposeth: And this he is ready to averr, wherefore, for as much as by force of a cer­tain Act of Parlament, in the Parliament of the late Lord King Henry the 7 ^th. at VVestminster aforesaid, in the County aforesaid, in the yeer of his Reign the 11 ^th. holden, made, The aforesaid Warranty of the aforesaid Sibil, in form aforesaid made is altogether void, he demandeth Judgement and his seisin of the Mannors aforesaid with the appurtenances, to be to him ad­judged; And the aforesaid Warden or Rector, and Scholars say, That by the aforesaid Act in the aforesaid Parliament of the late King Henry the 7 ^th. [...]t VVestminster aforesaid, in the yeer of his Reign the 11 ^th. abovesaid, hol­den, made, It is provided, That the Act aforesaid, should not extend to any such Recovery, or discontinuance in which the Heirs next inheritable to such Woman, or where he or they who next after the death of the said Woman, had or should have the estate of Inheritance in the said Mannors, Lands, and Tenements, should be assenting or agreeing to the aforesaid Recoveries, where the same assent or agreements are of Record, or inrol­led, as by the said Act amongst other things it appeareth: And the said Warden, or Rector, and Scholars further say, That before the making of [Page 141] the said Writing of Release of the aforesaid Sibil, and after the death of the aforesaid Richard Chamberlain, Nicholas Evan Clerk, and Thomas Hartop Clerk, the Second Day of June, in the yeer of the Reign of the said late King Henry the 8th. after the Conquest, the 4th. out of the Court of the Cha [...]cery of the said late King, then being at Westminster aforesaid, sued forth an Original Writ of the said late King of Entry upon Disseisin in the Post, against the aforesaid Edward Chamberlain, of the Mannors aforesaid with the appurtenances, to the then Sherifs of the County of Buckingham dire­cted, the said Edward, then being Tenant of the Freehold of the said Man­nors with the appurtenances, By which Writ, the said late King com­manded the said Sherif, That the said Sherif 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 Mannors aforesaid with the appurtenances amongst o­ther, by the names of the Mannors of Pettesho, and Eckney with the appurte­nances, and of 6. Messuages, 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 Sherif, 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, then next following, to shew, why he did not do it, And that he have, then here, the summons, and that Writ, At which Morrow of St. John the Baptist, before Robert Read Kt. and his Companions, then Justices of the said late King Henry the 8th. of the Bench here, that is to say, at VVestminster afore­said, came aswell the aforesaid Nicholas Evan, and Thomas Hartop, by John Cowper then their Attorny, as the aforesaid Edward Chamberlain, by Tho­mas Palmer, then his Attorny. And the Sherif, 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 Sherif sureties to prosecute his Sute aforesaid, that is to say, John Doo, and Richard Roo; 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 Man­nors; 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, &c. And whereupon, then they said, that they themselves were seised of the Mannors, 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, &c. And unto which, &c. And thereof then they brought sute, &c. And the afore­said Edward Chamberlain, by the aforesaid Thomas Palmer his Attorny, then [Page 142] defended his right when, &c. And then vouched thereof to warranty, Tho­mas Fish, who was then present in Court in his proper person, and willing­ly, the Mannors, Tenements, and Rents aforesaid to him did warrant, and thereupon, the said Nicholas Evan, and Thomas Hartop, demanded against him the said Thomas Fish, then Tenant by his Warranty, The Mannors, Tenements, and Rents aforesaid with the appurtenances, in form afore­said, &c. And whereupon they then said, That they were s [...]ised of the Man­nors, 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, &c. And the aforesaid Thomas Fish, Tenant by his Warranty aforesaid, then defended his Right when, &c. And then prayed licence thereof to imparl, and had it, &c. 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 Attorny 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 then 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 Mannors, 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, &c. as by the Record and Processe 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 Mannors aforesaid with the appurtenances, should enfeoff the aforesaid Richard Lyster, Marti [...], John Cottesford, John Clay­ton, William Hogeson, and Robert Taylor, 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 Mannors aforesaid with their appur­tenances entred, and were thereof seised in their Demesn as Fee, and so being thereof seised, The said Nicholas, and Thomas Hartop, of the said Man­nors with the appurtenances, did [...]off the aforesaid Richard Lyster, Mar­tin Li [...]s [...]y, John Cottesford, John Clayton, William Hogeson, and Robert Taylor, To have and to hold to them and their Heirs for ever: By virtue of which F [...]ffment, the said Richard Lyster, Martin, John Cottesford, John Clayton, VVil­liam Hogeson, and Robert Taylor were seised of the same Mannors with the appurtenances, in their Demesn as of Fee, and so thereof being seised, 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 Taylor, in the Mannors 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 Taylor, all her Right, Claim, Title, State, Use, Interest, and demand of and in the Mannors aforesaid with the appurtenances, in [...]ner 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 [Page 143] 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 Taylor, of the Mannors 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 Taylor, of the Mannors aforesaid with the Appurtenances, By Protestation also, That the aforesaid Sibil, for the better security of the aforesaid Richard Lyster, Martin, John Cottesford, Iohn Clayton, William Hogeson, and Robert Taylor, in the Mannors aforesaid with the Appurtenances, according to Agreement between them the said Edward & Sibil, first before the aforesaid Recovery above supposed to be had, by her Writing of Release aforesaid, did not re­mise and release to the aforesaid Richard Lyster, Martin, Iohn Cottesford, Iohn Clayton, William Hogeson, and Robert Taylor, as the aforesaid Warden or Re­ctor and Scholars, above in their Rejoynder have alleged, By Protesta­tion also, That the aforesaid Edward Chamberlain, at the day of the bringing of the Original Writ of the said Nicholas Evan, and Thomas Hartop, out of the Court of the Chancery, of the aforesaid late King Henry the 8th. that is to say, the second day of Iune, in the yeer of the Reign of the same late King, the 4th. or ever after was Tenant of the Freehold of the Mannors aforesaid with the Appurtenances, For Plea, The said Robert Chamberlain saith, That the aforesaid P [...]e [...], of the aforesaid Warden, or Rector, and Scholars, above by Rejoynder pretended, is not sufficient in Law to bar him the said Ro­bert, from having his Action aforesaid, against the aforesaid Warden, or Re­ctor, and Scholars, aswel for that that the Rejoynder is a Departure from the aforesaid Barr of them the Warden, or Rector, and Scholars, as for want of sufficient matter in the said Rejoynder contained; And this he is ready to aver, wherefore, for want of a sufficient Rejoynder of the said Warden, or Rector, & Scholars, in this part. The said Robert Chamberlain, as at first, de­mandeth Judgement, & seisin of the Mannors aforesaid with the Appurte­nances to him to be adjudged, &c. And the Warden, or Rector, & Scholars, in as much as they sufficient matter in Law to bar the aforesaid Robert from having his Action aforesaid against them the Warden, or Rector, and Scho­lars, above by rejoyning have alleged, which they are ready to aver, which matter the aforesaid Robert doth not deny, nor to the same any wayes An­swereth, so to admit of the same averment altogether refused, as at first de­mand Judgement, And that the aforesaid Robert Chamberlain, to have his Action aforesaid be barred: And because the Justices here will avise themselves of and upon the premises, before that they give their Judge­ment thereof, Day is given to the parties aforesaid here, untill in 8. dayes of St. Hillary, to hear their Judgement, because that the said Justices here therof not yet, &c. At which Day, come aswell the aforesaid Robert, as the afore­said Warden, or Rector, & Scholars, by their Attornies aforesaid, And be­cause the Justices here, will further avise themselves of & upō the premises, before they give their Judgement thereof, Day further is given to the par­ties aforesaid, here until from the day of Easter, in 15. Dayes, to hear their Judgment therof, because the said Justices here thereof are not yet, &c. At which day, here come aswell the aforesaid Robert, as the aforesaid Warden, or Rector, and Scholars, by their Attornies aforesaid: And because the Justices here, will further avise themselves of and upon the premises, before they give their Judgement thereof, further Day is given to the parties a­foresaid here until in the Morrow of the Holy Trinity, to hear their Judge­ment [Page 144] thereof, because the said Justices here are thereof not yet. At which Day, here come aswell the aforesaid Robert, as the aforesaid Warden, or Rector, and Scholars by their Attornies aforesaid, and because the Justi­ces here will further avise themselves of & upon the Premise [...], before they give their Judgement thereof, further day is given to parties aforesaid here, until in 8. dayes of St. Michael, to hear their Judgement thereof, because the same Justices here thereof are not yet, &c. At which day, here come aswell the aforesaid Robert, as the aforesaid Warden, or Rector, and Scholars, by their Attornies aforesaid; And upon this the premises being seen, and by the Justices here fully understood, It seemeth to the same Justices here, That the Plea of the aforesaid Warden, or Rector, and Scholars, above by Rejoynder pretended, is sufficient in Law, to barr the said Robert to have his Action aforesaid, against the aforesaid Warden, or Rector, and Scholars; Therefore it is granted, That the aforesaid Robert take nothing by his Writ aforesaid, & that he be in Mercy for his false Clamour; And that the aforesaid Warden, or Rector, and Scholars, go thereof without Day, &c.

At the Sessions of Gaol Delivery at Newgate, 5 ^to. De­cembris, in the 8 ^th. Year of King JAMES, Machalleys Case, Co. 9. part. fol. 61. b.

AT the Sessions of Gaol Delivery of Newgate, holden for the City of London, at the Justice Hall in the Old Baily, in the Parish of St. Sepul­chre without Newgate, in the Suburbs of the said City, upon Wednesday the 5th. day of December, in the yeer of the Reign of the Lord James, by the Grace of God, of England, France, and Ireland King, Defender of the Faith, the 8th. and of Scotland, the 44th. Before William Craven Knight, Mayor of the City aforesaid, Thomas Flemming Knight, Chief Justice of the said Lord the King, to Pleas before the King himself to be holden assigned, George Snigg Knight, one of the Barons of the Exchequer of the said Lord the King▪ John Croke Knight, one of the Justices of the said Lord the King, to Pleas, before the King himself to be holden assigned, Thomas Foster Knight, one of the Justices of the said Lord the King of the Bench, Edward Bromley Knight, one of the Barons of the said Lord the King of his Exchequer aforesaid, John Sotherton, another Baron of his Exchequer aforesaid, Henry Mountague Knight, Recorder of his said City of London, and other of his Companions Justices of the said 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 enquire, by the Oaths of good and lawful men of the City London, aswel within li­berties as without, by whom the truth of the matter might best be known, of what Treasons soever, Misprisions of Treasons, Insurrections, Rebellions, And of whatsoever, Murthers, Felonies, Man slaughters, Killings, Burgla­ [...]ies, Misdeeds, Offences, and Injuries whatsoever, within the City a­foresaid committed, in the said Letters Patents specified, and to the said Treasons, and other the premises, according to the Law and Custom of the Kingdom of the Lord the King of England, to hear and determine. As also Justices of the said Lord the King, to Gaol delivery of Prisoners, there be­ing [Page 145] assigned, by the Oaths of Ralph Edmunds, Leonard Harwood, John Frost, Edward Dames, John Lyssant, Francis Barton, Edward Parnell, Thomas Hyet, Henry Kent, Edward Motley, Humphry Lee, Richard Westcot, William Fairbro­ther, Edward Faweet, and Thomas Smith, good and lawful men of the City aforesaid, It is presented, That whereas upon Saturday the 17th. day of November, in the yeer of the Reign of our Lord James, by the Grace of God, of England, France, and Ireland King, defender of the Faith, &c. the 8th. and of Scotland the 44th. in the Court of the Lord the King, before Richard Pyot, Alderman, then, and as yet one of the Sherifs of the City of London afore­said, in his Compter, situate in the Parish of St. Michael in VVoodstreet Lon­don aforesaid, according to the Custom of the City aforesaid then holden, one Robert Radford, had leeved a certain Plaint, upon a Plea of Debt of demand of 500. hundred pounds, against one John Murray, of London Esq. The Tenor of which Plaint followeth in these words, that is to say, Iohn Murray, summon against Robert Radford Salter, in a Plea of Debt upon de­mand 500. hundred pounds; And thereupon the aforesaid Robert Radford, demanded processe against the said Iohn Murray, according to the Custom of the City aforesaid to be seved: Upon which, at the Request of the said Robert Radford, in this sort, in the same Court it was proceeded. That the aforesaid Richard [...]yot then, and yet one of the Sherifs of the City aforesaid, To one Richard Fells, then one of the Sergeants at Mace of the Sherif, and Minister of the Court aforesaid, by word of mouth, according to the Cu­stom of the City aforesaid, Commanded that he the said Sergeant at Mace, should take and arrest the aforesaid Iohn Murray, by his Body, if he should be found within the Liberties of the City aforesaid, so as he have the Body of the said Iohn Murray, at the next Court of the said Lord the King, at the Guild-hall of the City aforesaid, situate in the Parish of St. Lawrence, in the Old Iury, in the Ward of Cheap London aforesaid, upon Wednesday, the 21. day of November, in the 8. and 44th. aforesaid to be holden, to answer the aforesaid Robert Radford, in the Plea of his Plaint aforesaid, By virtue of which Command, The said Richard Fells, The said Iohn Murray after­wards, that is to say, the 18th. day of the said moneth of November, in the said yeers of the Lord the King that now is, the 8th. and 44th. abovesaid, between the hour of 5. and 6. in the Afternoon of the same day, At London aforesaid, That is to say, in the Parish of St. Martin Bowyer Row, in the Ward of Farrington, within London aforesaid, in the Common Kings high Way, there by his Body took and arrested, and then and there had in his custo­dy, And the aforesaid Iohn Murrey, so under the custody of the said Rich­ard Fells, by virtue of the Command aforesaid, then and there (as before is said) being, It so then and there happened, That the said Iohn Murray, late of London Esquire, otherwise called John Murray of London Esquire, one Iohn Mackall, late of London Yeoman, otherwise called Iohn Maokallay, late of London Yeoman, one Iohn Engles, late of London Yeoman, otherwise called Iohn English, late of London Yeoman, and one Archibald Miller, late of Lon­don Yeoman, not having the Fear of God before their eyes, but moved and seduced by the instigation of the Devil, with Force and Armes, that is to say, with Swords, &c. to the intent him the said Iohn Murray, from his ar­rest aforesaid, then and there to rescous in and upon the aforesaid Richard Fells, then & there made an assault & affray, in which said affray, The afore­said Iohn Mackall, otherwise called, Iohn Mackalley, with a sword is called a Rapier, made of Iron and Steel, of the value of 12. pence, wherehe the [Page 146] said Iohn Mackall, otherwise called Iohn Mackalley in his right hand then and there had and held, the said Richard Fells, in and upon the left part of his Body, under the left shoulder-blade of the said Richard, feloniously, voluntarily, and of malice forethought then and there struck and thrust in, giving to the said Richard Fells, then and there with the sword aforesaid, called a Rapier, in and upon the left part of his Body, under the left shoulder, one blow and wound mortal, of the length of half an Inch, and of bredth of half an Inch, and of depth 6. Inches, of which said stroak, and mortal wound aforesaid, the aforesaid Richard Fells then and there, that is to say, in the Parish and Ward last aforesaid, presently dyed: And fur­ther, The Jurors aforesaid present, That the aforesaid John Murray, late of London Esquire, otherwise called John Murry, late of London Esquire, The a­foresaid John Engles, late of London Yeoman, otherwise called John English, late of London Yeoman, and the aforesaid Archibald Miller, late of London Yeoman, the said 18th. day of November, in the yeers 8th. and 44th. above­said, between the Hours aforesaid, in the Parish, Ward, and place last aforesaid, felonionly, voluntarily, and of their forethought malice were present, fighting, procuring, helping, abetting, and comforting the afore­said John Mackall, late of London Yeoman, otherwise called John Mackalley, late of London Yeoman, to the aforesaid Richard Fells in manner and form aforesaid to be killed and murthered; And so the Jurors aforesaid say, That the aforesaid John Mackall, late of London Yeoman, otherwise called John Mackalley, late of London Yeoman, John Murray, late of London Esquire, o­therwise called John Murry, late of London Esquire, John Engles, late of Lon­don Yeoman, otherwise called, John English, late of London Yeoman, and Ar­chibald Miller, late of London Yeoman, the aforesaid Richard Fells, at London aforesaid, that is to say, in the Parish and Ward last aforesaid, feloniously, voluntarily, and of their forethought malice, in manner aforesaid killed and murthered, against the peace of the Lord the King that now is, his Crown and dignity, &c. And upon this, at the self same Sessions before the aforesaid Justices, the aforesaid John Murray, otherwise Murry, John Mackal, otherwise Mackalley, Io. Engles, otherwise English, & Archibald Miller, in the Custody of the said Richard Pyot, and Francis Jones, Sherifs of the City aforesaid, being in the Gaol of Newgate aforesaid, to the barr there brought, in their proper persons came, and severally being asked, how of the Felony and Murther aforesaid they would acquit themselves, Every one of them for himself severally said, that he is not thereof guilty, And thereof for good and ill, severally put himself upon the Country; And Richard Langley Esq. who in this behalf followeth for the Lord the King likewise; Therefore im­mediatly came a Jury thereof, and the Jurors of that Jury, by the Sherifs a­foresaid, of the City aforesaid Impannelled, being called, that is to say, VVil. Morgan, Tho. Dalbit, Tho. Evans, Tho. Austin, Solomon Green, VVil. Chewn, VVilliam Ellil, Metcalse Allington, Iohn Drake, VVil. Taylor, Owen Dames, and Tho. Damport, appeared, who to speak the truth of and upon the premises, chosen, tryed, and sworn, say upon their Oath, That the City of London is, and all the time whereof the memory of men is not to the contrary [...], was an antient Ci­ty; And that within the City aforesaid, all the time aforesaid, there was a Court of Record holden in the Compter, situate in the Parish of St. Micha­el, in VVoodstreet aforesaid, before one of the Sherifs of the City aforesaid, for the time being, And that within the City aforesaid, there is such, and from the whole time aforesaid, there was such a Custom, That in the [Page 147] aforesaid Court, All and singular persons from the whole time aforesaid, were used to levy Plaints of Pleas of Debt, amounting to whasoever sum against any person whomsoever, and to cause the same Plaints to be en­tied in a Book of the Porter of the Compter aforesaid, and that from the whole time aforesaid, there was, and is a Porter of the Compter aforesaid, which Porter of the Compter aforesaid, for the time being, from the whole time aforesaid, was an Officer of one of the Sherifs of the City aforesaid, to enter Plaints in form aforesaid levyed in the book of the Porter of the Comp­ter aforesaid, against any person whasoever, at the sute of any person whatsoever, in Pleas of Debt, amounting to what sum soever, in a certain short and summary manner. And that the Plaints aforesaid, in the Book of the Porter aforesaid entred, from the whole time aforesaid, used to be transferred and entred of Record, in the Rolls of the Court aforesaid, in due form of Law, within reasonable and convenient time after the entry of the same in the Book of the Porter aforesaid; And that in the City a­foresaid, there is, and for the whole time aforesaid there was a Custom, That any person being a Sergeant at Mace of the said Sherif, and Minister of the Court aforesaid, at the request of the party, whose Plaints so are levied of Office, it was used after the Entry of the same Plaints, in the Book of the Porter aforesaid, aswell before the Entry of the same Plaints, in the Rolls of the Court aforesaid, as after the Entry thereof in the Rolls of the Court aforesaid, to take and arrest by his Body, any such person against whom such Plaints was levied, to answer to the Plaint of such person, without any other Command by word of mouth, or otherwise, to such Sergeant at Mace, and Minister of the Court aforesaid in that behalf dire­cted, or to be directed: And the Jurors aforesaid, say upon their Oath a­foresaid, That the aforesaid Saturday the 17th day of November, in the yeer of our Lord, 1610. The aforesaid Robert Radford, Citizen of London, reque­sted the aforesaid Richard Fells, then one of the Sergeants at Mace of the said Richard Pyot, then one of the Sherifs of the City aforesaid, That he the said Richard Fells would cause to be levied a Plaint of Debt of 500. pounds, in the Comptor aforesaid, at the Sute of the said Robert Radford, against the aforesaid John Murray Esquire, and thereupon would arrest the aforesaid John Murray, to answer to the aforesaid Robert Radford, in the Plaint afore­said; And the said Richard Fells thereupon was at the said Compter, in the Parish of St. Michael in Woodstreet aforesaid, and there the said 17th. day of November, in 8th. and 44th. years aforesaid, caused to be levied a Plaint of Debt of 500. pounds, against the aforesaid John Murray, at the Sute of the aforesaid Robert Radford, which Plaint then was entred in the Porters Book of the Compter aforesaid, as in the like cases usually it is, and accor­ding to the Custom aforesaid in these words. ss. John Murray Esquire, a­gainst Robert Radford Salter, Debt. 500. pounds, Pledges Fleat Streat by Robert Fells Sergeant: Which Plaint afterwards was entred of Record in the Rolls of the Court of the Compter aforesaid, in these words. ss. Satur­day the 17th. day of November, in the yeer of the Reign of King James, of England, France, and Ireland, 8th. and of Scotland the 44th. John Murray Esquire, S. against Robert Radford Salter, in a Plea of Debt upon demand 500 pounds, Pledges of following the Sute, John Fleat, and Richard Streat, by Fells Sergeant, &c. But the Jurors aforesaid, upon their Oath say, That the Entry aforesaid, in the Rolls of the Court aforesaid made, was upon Monday the 19th. day of November, in the yeers 8th. and 44th. aforesaid, and [Page 148] not before. And that the said Richard Fells, upon Sunday the said 18th. day of November, with 3. other Officers in his Company, stayed about the Gate called Ludgate, within the Liberties of the City aforesaid, by virtue of the Plaint aforesaid, to arrest the aforesaid John Murray as he should passe by: And afterwards when the said John Murray, between the hours of 5. and 6. in the Afternoon of the said 18. day of November, walked, and passed, by, and through Ludgate aforesaid, in the Common Kings High-way, with 6. other Persons in his Company (the said Persons being armed) The said Richard Fells, then being one of the Sergeants at Mace, of the said Richard Pyot, then one of the Sherifs of the City a­foresaid sworn and known, and Minister of the Court aforesaid, neer Ludgate, in the said Common Kings High-way, in the aforesaid Parish of St. Martin Bowyer Row, in the aforesaid Ward of Farrington within London aforesaid, came to the said John Murray, and him the said John then and there within the Armes of the said Richard, by virtue of the premises took and held, and to the said John Murray, as in the words following presently said; I, him the said Richard Fells meaning, Arrest you, meaning the said J▪ Murray, in the Kings Name, at the sute of Mr. Radford, the said [...]. Radford, in the Plaint aforesaid named, meaning: But the said Jurors say, That the aforesaid Richard Fells, at the time of the Arrest aforesaid, did not shew to the said John Murray any Warrant, or his Mace, but say, That the aforesaid Richard Fells, then carried and had at the back of the said Richard, his Mace, and that none of the Officers aforesaid who came in the Company of the said Richard Fells, any Weapen then had, And the said John Murray looking about him, and striving with the said Richard [...]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 stroak 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 dyed: And futher the Ju­rors aforesaid say, That at the time of the Killing of the aforesaid Rich. Fells, in maner 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 killing aforesaid of the said Richard Fells, in form aforesaid don, be Murther 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 killing of the aforesaid Richard Fells be Murder, Then the Jurors aforesaid say upon their Oath aforesaid, That the aforesaid John Murray, John Mack­ally, and Iohn 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 [Page 149] 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 killing of the aforesaid Richard Fells, in form aforesaid committed, be not Murder, Then the Ju­rors aforesaid, say upon their Oath aforesaid, That the aforesaid Iohn Murray, Iohn Mackall, and Iohn Engles, are not guilty, nor any of them is guilty, of the Murther of the aforesaid Richard Fells, as they have alleged, nor for that occasion ever with-drew themselves, or any of them with-drew himself: And if upon the whole matter aforesaid, in form foresaid found, It shall seem to the Justices and Court here, That the killing of the aforesaid Richard Fells, in form aforesaid done, be Fellony or Man-slaughter, Then the Jurors aforesaid, say upon their Oath aforesaid, That the aforesaid Iohn Murray, Iohn Mackall, and Iohn Engles are guilty, and every of them is guilty of the Felony and Man-slaughter 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 with-drew himself. Therefore it is con­sidered by the Court, That the aforesaid Archibald Miller, go thereof ac­quitted without day, &c. And because the Court here, of giving their Judgement of and upon the premises, concerning the aforesaid Iohn Mur­ray, Iohn Mackall, and Iohn Engles, are not yet avised, Day is given to the aforesaid Iohn Murray, Iohn Mackall, and Iohn Engles, until the next Sessi­ons of Gaol Delivery aforesaid, for the aforesaid City to be holden, under the Custody of the aforesaid Sherifs, in the mean while committed safely to be kept, for to hear their Judgement thereof, &c. And because the Ju­stices aforesaid are not yet, &c.

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 VVednesday the 27th. day of May, In the yeer of the Reign of our Lord Iames by the Grace of God of England, France, and Ireland King, Defender of the Faith, &c. 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 Mountague Knight, one of the Sergeants at Law of the Lord the King, and Recorder of the said City, Justices of the [Page 150] 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, Humphry VVaterson, John Woodhall, Zachary Healing, Richard Downes, Thomas Eagles, Thomas Dennis, Richard Taylor, 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 yeer of the Reign of our Lord James, by the Grace of God of England, France, and Ireland King, Defender of the Faith, &c. 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 Armes, &c. 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 fore-thought 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, neer the Left Papp 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 Iohn Turner, neer the aforesaid Left Papp of the said Iohn Turner one mortal Wound, of the B [...]edth of half of one Inch, and in the Depth of 5. Inches, of which mortal Wound, the afore­said Iohn Turner, at London aforesaid, in the Parish and Ward aforesaid instantly dyed, And that Iames Irweng Feloniously, and of his fore-thought Malice then and there was present, adjoyning, assisting, abbetting, 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 Iames Irweng, the aforesaid Iohn Turner at London aforesaid, in the Parish and Ward aforesaid, in manner and form aforesaid, Feloniously, Voluntarily, and of their fore-thought Malice did kill and murder, contrary to the Peace of the Lord the King that now is, his Crown and Dignity, &c. 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. Sepulcher, in the Ward of Farrington without London aforesaid, the 23d. day of Iune, in the yeer of the Reign of the said our Lord Iames, by the Grace of God of England, France, and Ireland the 10th. and of Scotland the 45th. before Iames Pemberton Knight, Mayor of the City of London aforesaid▪ The right Reverend Father in God, Iohn Bishop of London, Thomas Flemming 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 [Page 151] the King, of the Bench, Lawrence Tanfeild Knight, Chief Baron of the Ex­chequer of the Lord the King, Christopher Yelverton Knight, one of the Ju­stices of the said Lord the King to Pleas, before the King himself to be hol­den assigned, David Williams 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 Mountague Knight, one of the Kings Serjeants 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, Sherifs of the City aforesaid, to the Barr 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 expresly 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, &c. And the Jurors of the Jury aforesaid, by the aforesaid Sherifs of the City aforesaid, to this impannelled being called, that is to say, Humphry Sl [...]cy, William Morgan, Rouland Healing, Hugh Hawesh, Henry Colthurst, William Hicks, William Hayes, Richard Bridges, William Wilde, John Palmer, Solomon Green, and Richard Rudd, came, who to say the truth of and upon the premises, to the said Iames Irweng imposed, chosen, tryed, 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 Iames 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, &c.

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 yeer of the Reign of our Lord James by the Grace of God, of England, France, and Ireland King, Defender of the Faith, &c. 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, &c. with Force and Armes, &c. Feloniously, and of their fore-thought 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 Pistoll, 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 fore-thought, 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 Iohn Turner, in and upon the left part of the Body of him the said Iohn Turner then and there feloniously struck, giving to the said Iohn Turn­er, then and there with the leaden Bullet aforesaid, neer the left papp of him the said Iohn Turner, one mortal Wound, of the Breadth of half an inch, and Depth of 5. inches, of which mortal Wound, the aforesaid Iohn Turn­er at London aforesaid, in the Parish and Ward aforesaid, instantly dyed, And that James Irweng, Feloniously, and of his fore-thought Malice then and there was present, ayding, 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 fore-thought 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 VVest­minster Esquire, not having God before his Eyes, but being seduced by the Instig [...]tion 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 yeer 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, Ma­litiously, Feloniously, Voluntarily, and of his fore-thought Malice, did stir up, abet, counsel, and procure, against the Peace of the said Lord the King that now is, his Crown and Dignity, &c.

By Indictments, Trinitat. 10. of King James.

Porters Case, C. 1. part. fol. 16. b.

MEmorandum, That John Popham Esquire, the Queens Attorny 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 Messuages, 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 Ianuary in the year of her Reign the 34th. and long before were and stood, and of Right ought 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 Iohn Porter Fishmonger, and Henry Cockain, the Lawes 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 Armes▪ &c. the aforesaid 26th. day of January, in the 34th. yeer aforesaid, in and upon the possession of the said Lady the Queen that now is of the Premises, Entred, 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 Trespasse aforesaid hitherto and yet continuing, in contempt of the said Lady the Queen, and contrary to her Lawes. Whereupon the aforesaid Attorny General, of the said Lady the Quen that now is, for the said Lady the Queen prayeth the advise of the Court in the premises: And that the aforesaid Iohn Porter, and Henry Cockain, come here to answer the said Lady the Queen in the premises: Upon which, &c And the afore­said Sherifs of the said City of London, that they attatch the said John and Henry, in form aforesaid, so as, &c. in 8. dayes 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, &c. 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 [Page 154] Body for Body, untill the next day, and so from day to day, and from Term to Term, untill, &c. By Colour of which Bail, the said John Porter, from the Prison aforesaid is delivered, And thereupon came then here, the said Iohn Porter, and Henry Cockain, that is to say, the said Iohn Porter in his proper person, and the aforesaid Henry Cockain, by Arthur Salway, his Attorny specially admitted by the favour of the Court. And pray, &c. the hearing of the Information aforesaid: And it is read unto them; Which being read, and by them understood, The said Iohn 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 Armes, 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 Attorny General likewise, and as to the Entry, Intrusion, and ingresse in all that the aforesaid Key and Wharf, called the Old Woolkey, and the afore­said Messuages, 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 Iohn 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 Avice [...]nevet 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 seised, The said Lady Avice before the time in which it is suppos­ed the Entry, Intrusion, and Ingresse 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 Bartholmew Gibbs, To have to him and his Assignes, from the Feast of the Birth of our Lord, in the yeer of our Lord, 1566. from thence next insuing, unto the end and Term of 40. yeers, from thence next following and fully to be ended; By virtu [...] of which Demise, the aforesaid Bartholmew, after the aforesaid Feast of the Birth of our Lord, in the aforesaid yeer of our Lord, 1566. and be­fore the aforesaid time in which, &c. entred, and was thereof possessed, and so being thereof possessed, The said Bartholmew, before the time in which, &c. that is to say, the First Day of January, in the yeer 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 Bartholmew, the same Day and Yeer there dyed, of all the aforesaid Key and Wharf, and other the premises with the appurtenances possessed, After whose Death, and before the time in which, &c. 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 entred, and was thereof possessed, and so [Page 155] being thereof possessed, The same Alice, before the time in which, &c. that is to say, the 4th. day of May, in the yeer 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 w ^ch, that is to say, the 16th. day of November, in the yeers 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 Yeer, Gave and Granted, all their Right, Title, Interest, and Term of Yeers, 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 Bartholmew Gibbs aforesaid, to one Iohn Haynes; By virtue of which Gift and Grant, The same John Haynes, before the time in which, &c. into all that the aforesaid Key and Wharf, and o­ther the premises with the appurtenances entred, and was thereof possessed, & so being thereof possessed, the said I. Haynes, before the time in which, &c. that is say, the 21. Day of Decem. in the Yeer 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, &c. Joice, then his Wife, his Executrix, and afterwards the same Day and Yeer, there of all the aforesaid Key and Wharf, and other the premises with the appurtenances dyed possessed: After whose Death, and before the time in which, &c. 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, entred and was thereof possessed, by virtue of Execution of the same Testament and Last Will of the aforesaid Iohn Haynes, and so being thereof possessed, the said Joice before the time in which, &c. that is to say, the 6th. day of October, in the yeer 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 Iohn, 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, &c. Entred, 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 Iohn 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 Ianuary, in the Yeer 34th. aforesaid, in the same Information mentioned, or ever before, or after, stood, or were, or [Page 156] 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, &c. Whereupon they pray Judgement, and that they as to the premises from this Court be dismissed, &c. and each of them be dismissed. And because the Court will avise of the Plea aforesaid, until further, &c. Day is given here to the aforesaid John Porter, and Hen­ry Cockain, in the same state as now it is, until to 15. Dayes of Faster, at which Day, the aforesaid Iohn, and Henry, came here as before: And the aforesaid Iohn Popham Esquire, Attorny General of the Lady the Queen that now is, and who followes 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 Iohn Porter, and Henry Cockain, by them before pleaded, to be true, in manner and form as the said Iohn Por­ter, and Henry Cockain, in the Plea of the said Iohn Porter, and Henry Cockain, by them above pleaded, to be true in manner and form, as the said Iohn Porter, and Henry Cockain, in their Plea aforesaid above have pleaded; Yet for Replication, The same Attorny of the said Lady the Queen that now is, for the said Lady the Queen, saith as he formerly said, That the afore­said Iohn 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, entred, intruded, and made entry in manner and form, as in the Informa­tion aforesaid above it is alleged. And of this, The Attorny 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, &c. And it is com­manded to the Sherifs of London, that they do not omit, &c. And that they cause to be here from Easter, in one Moneth 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, &c. whereof each, &c. by whom, &c. and who neither, &c. And the same Day is given here to the said Iohn Porter, and Henry Cockain, at which day the said Iohn, and Henry, come here as before, and the Sherifs, that is to say, William Rider, and Benedict Burnham, returned the Writ aforesaid, together with the Pannel of the names of the Jurors w ^ch are in the file of Writs executed for the Queen of the 34th. Yeer of the Reign of the said Lady the Queen that now is, with the Remembrancer of London. And the Jurors did not appear, Therefore it was cōmanded the Sherifs that they distrein the Jurors by their Lands, &c. So that, &c. in 8. Dayes of Holy Trinity, or in the mean time, before the Be­loved and Faithful to the Lady the Queen, Roger Manwood Knight, Chief Baron of this Exchequer, at Gui [...]d-hall of the City of London aforesaid, upon Fryday the 26th. day of May, in the Yeer of the said Lady the Queen that now is, the 34th. in the Afternoon of the same Day, if he shall first come thither. And it is said to the aforesaid Iohn Porter, and Henry Cockain, that they keep their Day before the aforesaid Chief Baron, at the said Day and [Page 157] Place, and that they be here, at the said 8. dayes of Holy Trinity, to hear their Judgement, If, &c. At which day, the said John Porter, and Henry Cockin, come here as before, And the aforesaid Chief Baron, before whom delivered here, the Tenor of the Record aforesaid, in form aforesaid directed, which is amongst the Inquisitions and Extents of this Yeer of the 34th. of the Reign of the Queen that now is, with this Remembrancer indorsed thus: ss. Afterwards, that is to say, the Day and Place within contained, before Roger Manwood Knight, Chief Baron of the Exchequer of the said Lady the Queen, came aswell the within named John [...]opham, who prosecutes for the said Lady the Queen, as the said within written John Porter, and Henry Cockain in their proper persons, and the Jurors of the Jury whereof with­in mention is made, being called, some of them appeared, and some of them not, as it appeareth in the Pannel, &c. And some of them now ap­pearing, that is to say, Roger Tasker, Humphry Street, George Gunbey, Thomas Cox, Thomas Langhorn, John Eaton, William Fruit, and John Math, upon the Jury aforesaid are sworn, and because the rest of the Jurors of the Jury did not appear, therefore others of the standers by, by the Sherifs of the County aforesaid, to be chosen, at the Request of the said John Popham, and by the command of the aforesaid Chief Baron were new put, whose names to the Pannel within written are filed, according to the form of the Statute in such case late made and provided. And the Jurors so anew put, that is to say, Thomas Wiggs, Henry Ayleward, Ralph Baily, and Cutbert Booth, being called, likewise came, Who to the truth of the matter with­in contained, together with the other Jurors aforesaid first impannelled, and sworn, say upon their Oath, That long before the aforesaid time of Intrusion aforesaid above supposed to be done, One Nicholas Gibson, was seized of and in the Wharf and Tenements aforesaid with the appurte­nances in the Information aforesaid specified, in his Demesn as of Fee, and the Wharf and Tenements aforesaid, held of the Lady the Queen in Socage, that is to say, of the free Borough of the City of London by fealty onely; And so being thereof seized, the said Nicholas afterwards, and be­fore the time of the Intrusion aforesaid, &c. that is to say, the 23d. day of September, in the yeer of the Reign of the Lord Henry, late King of Eng­land, the 8th. the 32th. at London, in the Parish of St. Dunstans in the East, made his Testament and last Will in Writing, and constituted one Avice then his Wife, Executrix of his said Will, and by the said his Will be­queathed, and devised, amongst other things, the Whars and Tene­ments aforesaid, with the appurtenances, to the aforesaid Avice, and her Heirs, in these English Words, and in form following, That is to say, In the name of God Amen, I Nicholas Gibson Citizen, and Grocer of London, whole of Mind, and of perfect Memory, albeit sick of Body, make this my present and last Will and Testament, aswel concerning the Order and Disposion of my Goods, Chattels, and other things moveable, as of my Lands and Tenemetns, Rents, Reversions and Services, and Hereditaments whatsoever. First, I give and bequeath my Soul unto Almighty God, my Maker, Redeemer, and Saviour, and my Body to be buried where it shall please God after the said discretion of my well beloved Wife Avice Gibson, my sole Executrix under written, whom I put in special trust, that she shall see these things hereafter declared, to be well and truly executed, don, and declared, and performed, as hereafter shall be recited: Unto whom also, I give and bequeath, All my Goods, Chattels, Debts, and other [Page 158] things, as well moveable, as unmoveable, real, and personal, Lands and Tenements, Rents, Reversions, Services, and all my other Profits and Commodities, and other Hereditaments whatsoever, with all and singular the appurtenances, To have, and to hold, possesse, and injoy, All and singular my said Lands, and Tenements, Rents, Reversions, and Services, with the appurtenances, Goods, Chattels, and other things, and all and singular other the premises with the appurtenances, unto the said Avice Gibson, her Heirs, Executors, Administrators, and Assignes, for ever, upon condition following: That is to say, Where it hath pleased God to put me the said Nicholas Gibson in Mind to edifie diverse Meases, Mansions, and places convenient for a Free-school, the Master of the same, and certain Beadmen and Beadwomen, and that the same cannot be e­stablished to continue, without great charges to be imployed and bestow­ed upon the same, and also Lands and Tenements, and other Heredita­ments, to be assured for the continuance of the same, I Will and Declare, by this my last Will and Testament, That the said Gift, Legacy, and be­quest, of my Lands and Tenements, Goods, Chattels, and other things aforesaid shall inure and take effect, by reason hereof unto my said Wife, upon condition following: That is to say, That my said Wife, by the Advice of Learned Counsel, in all convenient speed after my decease, shall assure, give, and grant, all my said Lands and Tenements, and other He­reditaments whatsoever, for the maintainanee of the said Free-school, Almesmen, and Almeswomen for ever, if it shall please God that my said Wife Avice Gibson, shall have all the Issues, Revenewes, and Profits yeer­ly comming, arising, and growing of the premises during her life, bearing the charges for the keeping of the said School, Beadmen and Beadwomen, and other charges for the maintainance of the premises, in manner and form as I the said Nicholas have kept and maintained the same, and as the same is now kept and maintained, without any diminution in any wise: Which Avice Gibson, I make my sole Executrix of this my present Testa­ment and last Will. These being Witnesses, Thomas Rushton Sergeant at the Law, William Gunston Esquire, Thomas Wood Cooper, Thomas Reinolds Cloth­worker, and Iohn Mucklow Scrivener. In witnesse whereof I have hereto put my Seal. Given the 23th. Day of September, in the yeer of our Lord God 1540. 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 yeer of the Reign of the said Henry late King of England the 8th. the 32th. aforesaid dyed 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 Avice, 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 yeer 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 Bartholmew Gibbs, To have, and to hold, to him and his Assignes, from the Feast of the Birth of our Lord, which then should be in the yeer of our Lord, 1566. until the full end of 40. yeers, from thence next following and fully ended. By vir­tue of which demise, The same Bartholmew was of the Interest of the Term [Page 159] aforesaid possessed, and so thereof being possessed, The said Bartholmew before the time in which, &c. that is to say, the first Day of January, in the yeer 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, then his Wife his Executrix, of his said last Will and Testament, And afterwards the said Bartholmew, then and there dyed of such his estate possessed, of the Wharf and Tenements aforesaid with the appurtenances, After whose death, and before the time in which, &c. 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. yeers possessed, as Executrix of the Testament of the said [...]artholmew, 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, &c. were of the Interest of the aforesaid Term of 40. yeers, 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, &c. that is say, the 16th. Day of December, in the yeer 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 Iohn Haynes. By virtue of which Grant, The said Iohn Haynes, was of the Interest of the aforesaid Term of 40. yeers, of and in the Wharf and Tenements aforesaid with the appurtenances possessed, And so thereof being possessed, The same Iohn Haynes, before the time in which, &c. that is to say, the 21. Day of Septem­ber, in the yeer 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 yeers, which he then had of and in the Wharf and Tenements a­foresaid with the appurtenances to the said Joyce. And afterwards the said Iohn 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 dyed 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. yeers, 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, &c. At London, in the Parish of All Saints aforesaid, took to Husband the aforesaid Iohn Por­ter, By which the said Iohn 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 Iohn Gibson is Cosen, 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 Iohn Gibson, before the time in which, &c. that is to say, the 24th. Day of January, in the yeer 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 [Page 160] aforesaid Avice, in her life forfeited and broken, entred and was thereof seized in his Demesn as of Fee; And so thereof being seized, The said John Gibson, before the time in which, &c. that is to say, the 25th Day of Ja­nbary, in the yeer of the Reign of the said Lady the Queen that now is the 34th. By his Writing indented, bearing Date the same Day and yeer, in the Court of the said Lady the Queen of her Chancery, at Westminster, be­ing in due manner inrolled, and to the Jurors in Evidence shewed, 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, &c. into the Wharf and Tenements aforesaid with the appurte­nances, upon the possession of the said Lady the Queen that now is thereof entred and made ingresse; 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 advise of the said Court of Exchequer, here, &c. 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 ought 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, entred, intruded, and made ingresse 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 ought 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, &c. Day is given here to the said John Porter, and Henry Cockain, in the same state that now is, until 8. dayes of St. Michael, before which day, that is to say, in the Morrow of St. Michael, in the yeer of the Reign of the Lady the Queen that now is, the processe aforesaid with all things touching the same, by [Page 161] the Writ of the Lady the Queen of Common Adjournment under her great Seal of England, bearing date at VVestminster the 23d Day of September, in the Yeer 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 el [...]ewhere in the Remembrances of this Exchequer, of the aforesaid 34th. yeer of the Queen that now is, amongst the Records of this Exchequer, of the Term of St. Michael Rott. On the part of this Re­membrancer, until a Moneth of St. Michael then next following: At which Day, the said Processe 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. yeer 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 seemes 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 Intru [...]on 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, &c. And that the said John Porter, and H. Cockain, be Attached by their Bodies wheresoever, &c. to make a Fine for the contempt aforesaid, &c. And further, to do what to the Court, &c. And it is commanded to the Sheriffs of London, that they attach them in form aforesaid, so that, &c. in 8. Day of St. Hillary, Before which Day, that is to say, The 28th. Day of November, in the yeer 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 in [...]ouled elsewhere in the Remembrances of this Exchequer, of the 34th. yeer 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 [Page 162] the second yeer 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, &c. 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, &c.

Information.
Trinity Term, Anno 37 ^o 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 Queens Remem­brancer in these words, That is to say, Worcester ss. Memorandum, That Edward Coke Esquire, The Attorny General of the Lady the Queen that now is, who prosecutes for the said Lady the Queen present here in Court, the 20th. Day of June, this Term, in his own person for the said Lady the Queen, gave the Court here to understand and be informed, That whereas a Wood with the appurtenances, called Alcon, otherwise Aluington Wood, containing by estimation, 3000. Acres of Wood in Alton, otherwise Aluing­ton, and Rock, in the aforesaid County of Worcester, in the Hands and pos­session of the said Lady the Queen that now is, the first Day of October, in the first yeer of her Reign and long before, and continually after were and stood, and of Right ought to be, and yet ought as in the Right of her [...]rown of England, as in very many Records, Roules, and Remembrances of this Exchequer, it is evident and appeareth upon Record: Yet one Ann Coun­tess of Warwick, Humphry Hill, Richard Bushopp, and Edward Bushopp, little re­garding the Lawes and Statutes of the said Lady the Queen that now is, but intending the Disenherism of the Lady the Queen in the premises, with Force and Armes, &c. the first Day of October, in the yeer of the Reign of the said Lady the Queen that now is the 27th. and diverse Dayes and turns between the same first Day of October, in the 27th. yeer, and the Day of Exhibiting of this Information, in and upon the possession of the said Lady the Queen of the premises Entred, Intruded, and made Entry, and the Issues and Profits thereof coming perceived to their own uses and had, and as yet do perceive and have, the same Trespass continuing, and as [Page 163] yet continuing in contempt of the said Lady the Queen that now is, and a­gainst her Lawes, Whereupon the aforesaid Attorny of the said Lady the Queen, for the said Lady the Queen prayes the Advise of the Cour [...] in the premises. And the aforesaid Ann Countess of Warwick, Humphry H [...]ll, Richard Bishopp, and Edward Bishopp come here, to answer the said Lady the Queen of and in the premises, as it is contained there, And now, that is to say, From the day of Holy Trinity, in three Weekes this Term, came here the aforesaid Richard Bishopp, by Arthur Salwaie, his Attorny, to this, by special favour of the Court admitted, and prayeth the hearing of the Information aforesaid, and it is read unto him, &c. Which being read and heard, and by him the said Richard fully understood, The said Richard complaineth, by colour of the premises in the Information aforesaid above specified, to be troubled and unquietted, and that not justly. Be­cause, By Protestation, that the Information aforesaid, and matter in the same contained, is not sufficient in Law, and to which the said Richard is not necessitated, nor by the Law of the Land bound to answer in any man­ner. By Protestation also, That the Wood aforesaid, in the Information aforesaid, above mentioned, doth not contain, nor the aforesaid time of the Trespass and Intrusion aforesaid above supposed to be done, did con­tain in it 3000. Acres, in manner and form, as by the Information aforesaid a­bove is supposeed. Yet for Plea, The said Richard, as to the Force and Armes, or whatsoever is against the Peace of the said Lady the Queen that now is, As also the whole Trespass, Contempt, and Intrusion, in the Information aforesaid above spec [...]fied supposed to be done, besides the Entry and Ingresse into the Wood aforesaid, called Alton Wood, otherwise Alvington Wood, the 21th. Day of February, in the Yeer of the Reign of the Lady the Queen that now is, the 32th. and from the same Day, until the Day of Exhibiting of the Information aforesaid, and be­sides, the perceiving the Issues and Profits thereof by that time com­ming above supposed, The said Richard saith, that he in nothing thereof is guilty, in manner and form, as by the Information aforesaid above is sup­posed, and upon this puts himself upon the Country, And the aforesaid Attorny General of the said Lady the Queen that now is, who for the said Lady the Queen in this behalf prosecutes likewise, &c. Therefore an In­quisition be made thereof, &c. And as to the Entry and Ingress into the Wood aforesaid, the aforesaid 21th. Day of February, in the 32th. Yeer a­foresaid, and from that Day, until the Day of Exhibiting of the Informa­tion aforesaid, as also to the taking of the Issues and Profits thereof, by the time thereof comming above supposed to be done, the said Richard saith, That the said Lady the Queen that now is, him the said Richard ought not any wayes to impeach or trouble, because he saith, That long before the aforesaid time in which it is supposed, the Entry, Intrusion, and Ingress aforesaid to be done, One Ann Countess of Warwick Widow, sometimes Wife of Richard sometimes Earl of Warwick, was seized of the Mannor of Abbotesley, otherwise Abberley, otherwise Abbedeley, with the appurtenances, in the aforesaid County of Worcester, whereof the a­foresaid Wood in which, &c. then and until the time of the grant here after specified, made to Robert Earl of Leicester, the third Day of July, in the 30th. Yeer of Queen Elizabeth, here after mentioned, whereof the Memory of Man then was not to the contrary was parcel, in her Demesn as of Fee, and so thereof being seized, a Fine was levied in the Court of the [Page 164] Lord Henry late King of England the 7th, at Westminst. in the County [...]f Mid­dlesex, from the Day of St. Hillary in 15. Dayes, in the 3d Year of his Reign, before Thomas Brian, Roger Townsend, and Iohn Haugh Justices, and other the said late Kings Faithful Subjects then there present, Betw [...]en him the Lord the King plantiff, and the aforesaid Ann sometimes Countess, some­times Wife of the aforesaid Richard Earl of Warwick, by the Name of Ann Countess of Warwick deforceant, of the Mannor aforesaid with the appur­tenances, whereof, &c. amongst other, &c. whereof a Plea of Covenant was sued between them in the same Court, that is to say, That the said Coun­tess granted to the said Lord the King, the Mannor aforesaid with the ap­purtenances, whereof, &c. And the same rendred back to him in the same Court, To have, and to hold to the said Lord the King, and the Heirs Males of his Body begotten, and if it shall happen, That the said Lord the King should die, without Heir Male of his Body begotten, then after the de­cease of the said Lord the King the aforesaid Mannor with the appurte­nances, whereof, &c. should wholly Revert to the same Countess, and her Heirs quieted from the other Heirs of the aforesaid Lord the King, as by the Record of the aforesaid Fine in the Court of the said Lady the Queen that now is, of the Bench at Westminster aforesaid remaining, more fully appeareth. By virtue of which Fine, the aforesaid late King Henry the 7th. was seized of the Mannor aforesaid with the appurtenances, whereof, &c. in his demesn as Fee tail, that is to say, to him and the Heirs Males of his Body issuing, the Reversion thereof to the aforesaid Countess, sometimes Wife of the aforesaid Richard Earl of Warwick, and the Heirs of the said Countess expectant. And the said late King so thereof being seized, and the Reve [...]sion thereof to the said Countess in form aforesaid expectant, The said Countess afterwards, and before the time aforesaid in which, &c. At Abbot [...]sley, othewise Abberly, in the aforesaid County of Worcester, dyed so as before is said, of the Reversion aforesaid seized, After whose death, the Reversion aforesaid with the appurtenances, descended to one Edward Earl of Warwick, as Cousin and Heir of the said Countess, that is to say, Son and Heir of Isabel, Daughter of the said Countess; By which, the said Earl was seized of the Reversion of the Mannor aforesaid with the appurtenan­ces, whereof, &c. as of Fee, and Right; And the said Edward, Earl of War­wick, so thereof being seized, By an Act in Parliament of the said late King holden at Westminster the aforesaid 25th. Day of January, in the Yeer of his Reign the 19th. amongst other things, It was Enacted by him the said late King, by the assent of the Lords Spiritual and Temporal, and the Com­mons in the said Parliament assembled, and by the Authority thereof, That whereas Peter Warbeck, with others of the aforesaid late Kings Rebel­lious Enemies, and Traytors in a great multitude and number to him as­sociated, entred, and arrived in this Kingdom, in a certain place called VVhitessonbay, in the Parish of St. Bercie in the County of Cornwall, the 7th. day of September, in the Yeer of the Reign of the said late King the 13th. and levied Warr against the aforesaid late King, Notwithstanding the a­foresaid Peter in his Journey, and issue to the said false and malicious pur­pose was overthrown, and was taken, and by the same late King commit­ted to the Prison of the Tower of London, where, and in which place, the aforesaid Edward Earl of Warwick, confederated with the aforesaid Peter, imagining, and intending, falsely, and trayterously, the death and destru­ction of the said late King, and the overthrowing of this Kingdom of Eng­land, [Page 165] intending to make the aforesaid Peter King of the same Kingdom, by divers devises amongst them conceived and inspired, endeavoured with divers his Adherents, speedily by diverse false Messages and Notes, to set him at liberty and at large, to the intent, to Execute his false and Trayterous purpose, to aid and assist him to his utmost endeavour, for which, the aforesaid Edward Earl of VVarwick, by due course of Law of the said late King, out of his own Confession was convicted and attainted of High Treason, as his deserts in that behalf required; That the said Earl for his offences aforesaid, by Authority of Parliament aforesaid, should be convicted, adjudged, and attainted of High Treason; And that he should forfeit to the aforesaid late King and his Heirs, All his Honours, Castles, Mannors, Lordships, Hundreds, Franchises, Liberties, Privi­leges, Advowsons, Nominations, Presentations, Rights, Fees, Tene­ments, Rents, Services, Reversions, Remainders, Portions, Annuities, Pensions, Rights, Possessions, Hereditaments, Goods, Chattels, and Debts, whereof the said Earl, or any other to his use, was seized or pos­sessed of the day of the Treason either committed, or done, or at any time after within the Kingdom of England, Ireland, VVales, Calice, or the Coun­ties thereof, in Fee simple, Fee tail, for Term of life or lives, Or in which the said Earl then, or at any time after had lawful cause of Entry, within England, Ireland, Wales, Calis, or the Counties of them. And further that the aforesaid Edward Earl of VVarwick, should forfeit to the said late King, and his Heirs, All Honours, Castles, Mannors, Lordships, Hundreds, Fran­chises, Liberties, Privileges, Advowsons, Nominations, Presentations, Rights, Fees, Lands, Tenements, Rents, Services, Reversions, Re­mainders, Portions, Annuities, Pensions, Rights, Possessions, Heredi­taments, Goods, Chattels, and Debts, whereof the said Earl, or any o­ther person, seized to his use, or was possessed of the second day of August, in the Yeer of the Reign of the aforesaid late King the 14th. or at any time then after, as by the said Act amongst other things more fully appeareth. And the said Richard saith, That the aforesaid Edward Earl of VVarwick, Cousin and Heir of the said Ann Countess of VVarwick, in the Fine aforesaid named, and the aforesaid Edward Earl of VVarwick, in form aforesaid at­tainted, and in the Act aforesaid named, are one and the same person, and not other or diverse. By colour of which Conviction and Attainder, and by force of the aforesaid Act of Parliament, The aforesaid late King Henry the 7th. was seized of the Reversion of the Mannor aforesaid with the appur­tenances, whereof, &c. as of Fee and of Right, in the Right of his Crown of England; And so thereof being seized, and of the Mannor aforesaid with the appurtenances, in his Demesn as of Fee tail, in form aforesaid be­ing seized, The said late Lord the King, afterwards and before the afore­said time in which, &c. At VVestminster aforesaid dyed, of the Mannor a­foresaid with the appurtenances, whereof, &c. And of the Reversion aforesaid, in form aforesaid seized; After whose death, the Mannor a­foresaid with the appurtenances, whereof, &c. and the Reversion afore­said discended to the Lord Henry late King of England the 8th. as Son and Heir of the aforesaid late King Henry the 7th. By which the said late King Henry the 8th. was seized of the Mannor aforesaid with the appurtenances, whereof, &c. in his demesn as of Fee tail, that is to say, to him and the Heirs Males of his Body issuing, and of the Reversion of the said Mannor with the appurtenāces as of fee & right, And the said late King Hen. the 8th. [Page 166] so being thereof seized, By a certain Inquisition, taken at the Castle [...] VVorcester, in the aforesaid County of VVorcester, the 5th. day of July, in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th. be­fore Roger VVinter Esquire, then Escheator of the said late King the same County, by virtue of his Office by the Oathes of Richard Frier Gent. Rich­ard [...]helton Gent. VVilliam Andrewes Gent. Richard Dedick Gent. Richard Hill of Leigh, Edward Enolt, Henry Dison, Roger [...]bud, Henry VVoodward, John Porter of Claynes, John Brodford, VValter Solli, Roger Aldern of Martley, and Richard VValter taken, It was found amongst other things, That the aforesaid Ann Countess of VVarwick, in the Fine aforesaid named, was seized of the Man­nor aforesaid with the appurtenances, whereof, &c. in her Demesn as of Fee, and that she being thereof so seized, the Fine aforesaid, in form a­foresaid was levied; By which the aforesaid King Henry the 7th. was seiz­ed of the Mannor aforesaid with the appurtenances, whereof, &c. in his Demesn as of Fee tail, that is to say, to him and the Heirs Males of his Body issuing, And that the said Countess was seised of the Reversion of the said Mannor as of Fee and Right, and that the said Countess of the said Rever­sion so seized, of such her Estate thereof dyed seized, And that after the Death of the said Countess, the said Reversion descended to the abovesaid Edward, late Earl of VVarwick, as Cousin and Heir of the said Countess, that is to say, Son and Heir of Isabel, Daughter and Heir of the said Countess, By which, the said Edward, late Earl of VVarwick, was seized of the Rever­sion of the Mannor aforesaid with the appurtenances as of Fee and Right, and that the said late Earl, being thereof so seized, That the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th. in the Yeer of his Reign the 19th. aforesaid made, was in manner and form a­foresaid, And that by colour of the same Act, the said late King Henry the 7th. was seized of the Mannor aforesaid with the appurtenances as of Fee and Right, And that the said late King Henry the 7th. being so thereof sez­ed, and of the Mannor aforesaid with the appurtenances, whereof, &c. in form aforesaid being seized, of such his Estate thereof dyed seiz­ed; After whose Death, The Mannor aforesaid with the appurtenances, whereof, &c. and the Reversion aforesaid descended to the aforesaid late Henry late King of England the 8th. as Son and Heir of the aforesaid Lord King Henry the 7th. By which the said King Henry the 8th. was seized of the Mannor aforesaid with the appuretenances, whereof, &c. in his Demesn of Fee tail, that is to say, to him and the Heirs Males of Body, lawfully is­suing, the Reversion thereof to him and his Heirs, in form aforesaid expe­ctant, as by the Inquisition aforesaid, in the Court of Chancery of the said Lady the Queen at VVestminster aforesaid, in due manner retorned, and there remaining on Record more fully appeareth. And the faid Richard furher saith, That the aforefaid late King Henry the 8th. so of the Mannor aforesaid with the appurtenances, whereof, &c. And of the Reversion thereof in form aforesaid being seized, The said late King Henry the 8th. the 3d. day of November, in the 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 Yeer, Reciting, That whereas the said late King Henry the 8th. the 20th. day of Octber, in the 19th. yeer of his Reign, by his Letters Patents, had given and granted unto Walter Walshe, by the name of VValter Walshe, one of the Grooms of his Privy Chamber, his Man­nor [Page 167] of Grafton [...]leuere, by the name o [...] the Mannor of Grafton Fleeford, with his appurtenances in the County of Worcester, and the Advowson of the Church of Grafton Fleeford aforesaid, as also all and singular hi [...] Messuages, Lands and Tenements whatsoever, in Grafton Fleeford, in the County a­foresaid, together with the Knights Fees, Wards, Mariages, Reliefs, Rents and Services whatsoever, to the Mannor and other the premises and to every part therof any wise soever belonging or appertaining; To have, and to hold the said Mannor, and other the premises, with all and singu­lar their members and appurtenances whatsoever, to the abovesaid Walter, for the Term of his Life, as in the said Letters Patents more fully it was contained. And whereas also, the said late King Henry the 8th. the 6th. day of December, in the Yeer of his Reign the 21th. by other his Let­ters Patents, had given and granted to the aforesaid Walter Walshe, and to one Elizabeth then his Wife, by the names of Walter VValshe, one of the Grooms of his Privy Chamber, and Elizabeth his Wise, the Mannor of Charle­ton, in the County of Somerset, by the name of his Mannor of Charleton in the County of Somerset, with all and singular his members and appurtenan­ces whatsoever, by whatsoever right or title the said Mannor in the Hands of the said late King then were, To have, and to hold, the said Mannor with the appurtenances, to the said VValter and Elizabeth, and their As­signes, for the Term of the Lives of the said VValter and Elizabeth, and the longer liver of them, as in the said Letters Patents it was more fully con­teined. The aforesaid late King Henry the 8th. Then in Consideration of the true and laudable Service to the said Lord the King by the aforesaid VValter VValshe, before that time done, and after to be done, And for that the said VValter, the aforesaid other Letters Patents, to him of the afore­said Mannor of Grafton Fleeford, alias Fleuard, and the same VValter, and the aforesaid Elizabeth, the aforesaid other Letters Patents, to them of the aforesaid Mannor of Charleton, with their Members, and singular their ap­purtenances, in form aforesaid made, to the said late King Henry the 8th. in his Chancery had restored there to be cancelled, unto the intent that the said late King Henry, the aforesaid Mannor of Grafton Fleuard with the ap­purtenances, and the said Advowson of the Church of Grafton Fleuard, and all and singular Messuages, Lands, and Tenements, of the said Lord the King in Grafton Fleuard, As also the aforesaid Mannor of Abottesly, in the a­foresaid County of VVorcester with their appurtenances whatsoever, and the Advowson of the Church of Abottesly, in the County aforesaid, and all Lands and Tenements of the said Lord the King whatsoever, with the ap­purtenances in Abottesly, otherwise Abberley, by other Letters Patents of the said late King, to the said VValter, and Elizabeth, he would be pleased to grant. Which said former Letters Patents, in the Court of Chancery aforesaid, at VVestminster aforesaid, to the same intent at the time of the making of the aforesaid Letters Patents here in Court, were delivered up and cancelled, Of the special grace of the said King, and of his certain Knowledge and mee [...] motion, by the same Letters Patents here in Court shewed, and brought forth, gave and granted, unto the said VValter VValshe, and Elizabeth his Wife, The aforesaid Mannors of Grafton Fleuard, and A­bottesly, otherwise Aberley, with all and singular their members and ap­purtenances, as also all and singular Lands, Tenements, Reversions, Ser­vices Knights Fees, Liberties, Franchises, Courts Leets, Views of Frank­pledges, Parkes, Warrens, Waifes, Strayes, and other Commodities and [Page 168] Privileges whatsoever, within the aforesaid Mannors, or any of them being, or unto the said Mannors, or any of them in any māner belonging or apper­taining. To have, and to hold, the Mannors aforesaid and every of them, and all the premises so as before is said, by the said Letters Patents here in Court shewed forth, granted and every part thereof with their members [...]d appurtenances whatsoever, to the said VValter VVa [...]she, and Elizabeth his Wife, and to the Heirs Males of the Body of the s [...]d VValter begotten, as by the said Letters Patents amongst other things more fully appeareth: And the said Richard saith, That the aforesaid VValter, long before the ma­king of the aforesaid Letters Patents, and at the time of the making there­of, and long after was Servant of the said late King Henry the 8th. and one of the Grooms of the Privy Chamber of the said late King, and many good, laborious, and laudable Services to the said late King Henry the 8th. before the making of the said Letters Patents, did and performed, and that he said VValter, the aforesaid other Letters Patents, of the aforesaid Man­nor of Grafton Fleuard, and the said VValter, and Elizabeth, the aforesaid o­ther Letters Patents, of the said Mannor of Charleton, with their several members and appurtenances, in form aforesaid made to the said late King Henry the 8th. before the making of the said other Letters Patents, to them in form aforesaid made, and here in Court shewed forth in his Chancery a­foresaid at VVestminster aforesaid, had surrendred and procured to be can­celled, as in the said Letters Patents, here in Court shewed forth it is al­leged and testified: By virtue of which Letters Patents, here in Court shewed forth, The said VValter, and Elizabeth, were seized of the said Man­nor of Abottesly with the appurtenances, whereof, &c. amongst other, that is to say, The said VValter, in his demesn as of Fee tail, that is to say, to him and the Heirs Males of his Body issuing, and the aforesaid Elizabeth, in her demesn as of Free hold for the Term of her Life, and the said VValter, and Elizabeth, so being thereof seized, the said Elizabeth afterwards, and be­fore the time in which, &c. at Abottesly aforesaid dyed, And the afore­said VValter over-lived her, and held himself in the aforesaid Mannor of Abottesly with the appurtenances, whereof, &c. and was thereof seized in his demesn of Fee tail, in form aforesaid, by right of Survivour, And the said VValter, so thereof being seized, By an Act of Parliament of the same late King Henry the 8th. at VVestminster aforesaid, the 8th. day of July, in the yeer of his Reign the 28th. holden, made, reciting by the said Act, Where­as the aforesaid Ann, Countess of VVarwick, in the Fine aforesaid above named, in the yeer of the Reign of the late King Henry the 7th. the [...]ihrd, by Fine then levied before the Justices of the King of Common-Pleas at VVest­minster, had given & granted unto the said late King Henry the 7th. amongst other things, The Lordship and Mannor of Abottesly, with the appurtenan­ces, in the County of VVorcester, To have to the said King, and the Heirs Males of his Body issuing, as by the same Fine remaining on Record, a­mongst other things it more fully appeared; By virtue of which, the said late King was seized of the said Mannor with the appurtenances, in his de­mesn as of Fee tail, and so thereof being seized, The said Countess dyed, After whose death the Reversion of the said Mannor with the appurtenan­ces in Fee simple, did descend and come to Edward late Earl of Warwick, which Reversion and Fee simple of the said Mannor, amongst other Castles, Honours, Mannors, Lands, Tenements, and Hereditaments, then after escheated and came into the Hand and possession of the aforesad late King [Page 169] Henry the 7th. and his Heirs, by the Attainder of High Treason of the said Edward Earl of Warwick, as by the Record therefore more fully appear­eth, And the aforesaid late King Henry the 7th. so thereof being seized dy­ed, After whose death, the same Castles, honours, manors, lands, tenements, and Hereditaments, and other the premises in the Fine aforesaid contained, amongst other Lands, Manors, Tenements, and Hereditaments descended & came to the said late K. Hen. the 8th. as Son & Heir of the aforesaid late K. Hen. the 7th. by due course of Inheritance, By virtue wherof the said late K. Henry the 8th. had been, and was then thereof seised, And because the afore­said Castles, Manors, Lordships, Lands, Tenements, and other the premi­ses were of great value, and had many great and ample Liberties, Prehe­minences, Commodities, [...]d delights to the same belonging, Therefore then and there, It was Enacted by Authority of the same Parliament, That the aforesaid late King Henry the 8th. his Heirs, and Successors from hence after, should have, hold, and injoy for ever, all and singular the aforesaid Castles, Mannors, Tenements, Lands, and Hereditaments, with the Appur­tenances, and all and singular the premises: and that the said Castles, Ma­nors, Tenements, Lands, and Hereditaments, with the Appurtenan­nances, and all and singular other the premises, by Authority of the said Parliament should be adjudged in the aforesaid late King Henry the 8th. his Heirs and Successors in Fee simple for ever, without the aforesaid, or any other thing or things, before then had, made, or used, or to be allowed to the contrary in any thing notwithstanding, as by the same Act more fully appeareth. Saving alwayes to all and singular person and persons, Bodies politique, and corporate, their Heirs, and Successors, and to the Heirs, and Successors of every of them, other than the aforesaid late Countess of Warwick, and her Heirs, and the Heirs of the said Richard, late Earle of War­wick, Father of the late Countesse, all such Rights, Titles, Uses, Interests, terms of years, Demise, Demises, Rents, Fees, Annuities, Possessions, Re­version, Remainder, Distresses, Entries, Actions, Grants, Offices, Commons, Commodities, Liberties, Profits, & Sutes, in such manner, & form, & condi­tions, as they, or any of them their heirs, & successors, or the heirs or succes. of any of them had, could, might, or ought to have had, if the Act aforesaid never had bin made, any thing in the said Act of Parliament to the contrary notwithstanding, as by the said Act, amongst other things it more fully appeareth. By colour of which Act, the Reversion aforesaid, to the afore­said Manor of Abbottesley, otherwise Abberley, and the Manor aforesaid in Reversion, after the Estate and Interest of the aforesaid Walter Walsh, and Elizabeth his wife, so as before is said, granted to the aforesaid late King Henry the 8 ^th. 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 8 ^th. was seised of that reversion as of Fee and right, and the said late King so being thereof seised, and the said Walter, of the aforesaid Ma­nor of Abbottesley with the Appurtenances, whereof, &c. in form aforesaid being seised, The aforesaid Walter, at Abbottesley aforesaid, before the a­foresaid time, in which, &c. died of such his Estate so seised. After whose decease, The said Manor with the Appurtenances, whereof, &c. descended to one Walter Walsh his Son, as Son and Heir Male of the body of the same Walter Walsh his Father Issuing, By which the said Walter Walsh the Son after, and before the time in which, &c. entred, and was thereof seised in his demesn as of Fee tail, that is to say, to him and the Heirs Males of his bo­dy [Page 170] issuing, and the aforesaid late King Henry the 8 ^th. was seised of the Re­version thereof, as of Fee and Right; and so thereof being seised, The said late King afterwards, and before the time, in which, &c. at Westminster a­foresaid dyed of such his Estate thereof seised. After whose death, The Reversion of the aforesaid Manor of Abbottesley with the Appurtenances whereof, &c. descended to the Lord Edward late King of England the 6th. as Son and Heir of the aforesaid late King Henry the 8 ^th. By which, The said late King Edward the 6 ^th. was seised of the Reversion of the said Manor with the Appurtenances as of Fee and right, and so thereof being seised, The said late King Edward the 6 ^th. afterwards, and before the time in which, &c. at Westminster afores. dyed of such his estate therof seised, with out issue of his body issuing; After whose death the Reversion of the afore­said Manor of Abbottesly, with the appurtenances descended to the Lady Mary, late Queen of England, as Sister and Heir of the said late King Edward the 6 ^th. By which the said late Queen Mary, was seised of the said Reversi­on, as of Fee and right, and so thereof being seised, the said late Queen Mary afterwards, and before the time in which, &c. at Westminster aforesaid, dyed of such her Estate thereof seised, without issue of her body issuing. After whose death, the said Reversion did descend to the said Lady the Queen that now is, as Sister and Heir of the aforesaid late Queen Mary: By which, the said Queen that now is, was seised of the said Reversion as of Fee and right; and the said Lady the Queen that now is, so thereof being seised, and the aforesaid Walter Walsh, the Son, of the aforesaid Manor of Abbottesley, whereof, &c. in his demesn as of Fee tail, in form aforesaid be­ing seised, The said Walter afterwards, and before the time in which, &c. at Abbottesley aforesaid, dyed of such his Estate thereof seised: After whose death, The said Manor with the Appurtenances, whereof, &c. did descend to one William Walsh his Son, as Son and Heir of the body of the aforesaid Walter VValsh the Son issuing. By which, the said William, afterwards, and be­fore the time in which, into the said Manor with the Appurtenances whereof, &c. entred, and was thereof seised in his demesn as of Fee tail, that is to say, to him and the Heirs Males of his body issuing, and so there­of being seised, The said William afterwards, that is to say, the third day of July, in the year of the Reign of the said Lady the Queen that now is, the 30 ^th. at Abbottesley aforesaid, by his Indenture of Bargain and Sale, be­tween Robert then Earl of Leicester, By the name of the Right Honourable Robert Earl of Leicester, Baron of Denbigh, of the both most Noble Orders of the Garter, and Saint Michael Knight, Lord High Steward of her Maje­sties Houshold, Lord Chief Justice of Oyer and Terminer, of all the Forests of her Majestie, and Chaces by South Trent, and one of her Majesties most Honourable Privy Councel, of the one Part, And the afores. Willi. Walsh by the name of Will. Wash of Witley, in the County of Worcester Esq of the other party made & afterwards the 8 ^th. day of the said Month of July, according to the form of the Statute in that Case made and provided, in the Court of the said Lady the Queen that now is, at Westminster aforesaid, in the said Coun­ty of Middlesex then being in due manner of Record Inrolled, One part of which Sealed with the Seal of the said William Walsh, the said Richard Bu­shopp, here in Court sheweth forth, whose Date is the same third day of Ju­ly, in the 30th. year aforesaid, For, and in consideration of a certain sum of Money to the said VVilliam, by the aforesaid Earl of Leicester, then and there before had paid, bargained, and sold to the said Earl of Leicester; The [Page 171] Wood aforesaid, with the Appurtenances in which, &c. To have and to hold to the said Earl of Leicester, his Heirs, and Assigns for ever. By co­lour of which aforesaid Bargain, and Sale, and Inrolment thereof, The said Earl of Leicester, into the Wood aforesaid, with the Appurtenances entred, and was thereof seised in his demesn as of Fee, and so thereof being seised, The said Earl of Leicester afterwards, that is to say, the 5 ^th. day of Septemb. in the year of the said Lady the Queen that now is, the 30th aforesaid, at Abbottesley aforesaid dyed of such his Estate thereof seised without issue of his body issuing; After whose death the Wood aforesaid with the appur­tenances, descended to Ambrose then Earl of Warwick, as Brother and Heir of the aforesaid late Earl of Warwick, By which, The said Ambrose Earl of Warwick into the Wood aforesaid with the appurtenances entred, and was thereof seised in his demesn as of Fee, and so thereo [...] being seised, The said Ambrose Earl of Warwick afterwards, that is to say, the 24th. day of January in the year of the Reign of the [...]d Lady the Queen that now is, the 32th. at Abbottesley aforesaid, By his Indenture, between him the said Ambrose Earl of Warwick, by the name of the Right Honourable Ambrose, Earl of Warwick, of the most Noble Order of the Garter Knight of the one part, and Edward then Earl of Bedford, and William Russel Knight, Charles Morri­son Knight, & Ambrose Copinger Esquire, by the names of the Right Honou­rable Edward Earl of Bedford, William Russell Knight, Charles Morri on Knight, & Ambrose Copinger Esq. one part, of wch sealed with the Seal of the said A [...] ­brose Earl of Warwick, the said Richard Eushop here in Court brings, who [...]e date is the same day and year, For and in consideration of the natural en­tire and cordial love and affection, which the aforesaid Ambrose Earl of Warwick then had, and bore to his most dear and beloved then wife, the said Ann Countess of [...]arwick in the Information aforesaid above named, Daughter of the Right Honourable Francis Earl of Bedford deceased, Grandfather of the said Edward then Earl of Bedford, and Father of the said William Russel, as for and in consideration of a Mariage before that time had, between the aforesaid Ambrose then Earl of Warwick, and the aforesaid La­dy Ann now Countess of Warwick then his wi [...]e, and for and in considerati­on of the encrease of the Joynture of the said Ann, before that time made in the respect of the aforesaid Mariage, & in consideration also of the better advancing of the said Ann, after the death of the said Ambrose then Earl of Warwick, if shee the said her beloved husband should survive, to support, and sustein her Honourable Estate, and to pay such debts, which the said Earl owed at the time of his death, and also such Legacies, as the said Earl by his last Will in writing should bequeath, The said Earl Covenanted and agreed for him, his Heirs, Executors, and Administrators, to and with the aforesaid Edward Earl of Bedford, William Russell, Charles Morrison, and Am­brose Copinger, their Heirs, and Assignes, and every of them, That immedi­atly from and after the Sealing and delivery of the said Indenture, The said Earl of Warwick his Heirs, and Assigns, and every of them should stand and be seised 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 [Page 172] any wast; 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 seised 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 seised, the remainder thereof in form aforesa [...]d ex­pectant, The said Ea [...]l 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 dyed, after whose death the said Ann, now Countess of Warwick, into the Wood aforesaid, with the appur­tenances entred, and was, and yet is thereof seised 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 dayes 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 entred, 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 ought 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 Entred, Intruded, or made Ingresse, 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 ought 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, &c. 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, &c. Day is given unto the [...]fores. Rich. Bushopp, in state, as now until 8. dayes of St. Michael, At which day the said Richard Bushopp, [Page 173] came here as before; And the said Attorny 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 Attorny 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 ingresse 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 ingresse, whereupon for default of sufficient Answer in this behalf, The said Attorny of the Lady the Queen, for the said Lady the Queen pray­eth Judgement, And that the aforesaid Richard, of the same Entry, Intru­sion, and Ingresse, by the aforesaid Richard, thereof supposed to be done be convicted; And the said Richard saith, That he sufficient matter in Law, to barr 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 barr and exclusion of the Information hath alleged, which he is ready to averr, as unto the Court, &c. Which matter aforesaid, The Attorny of the Lady the Queen, for the same Queen doth not deny, nor to the same any wayes 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, &c. 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 Ju [...]gement thereof, Further day is given to the aforesaid Richard Bushopp here until in 8. dayes of St. Hillary, to hear their Judgement thereof, because the said Barons thereof not yet, &c. And as to the Tryal of the Issue aforesaid by the Country to be tryed, above joyned, It is commanded to the Sherif of the aforesaid County of Worcester, that he do not omit, &c. And that he cause to be here at the said 8. dayes 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, &c. and who neither, &c. And the same day is given here to the same Richard Bushopp here &c. At which day cometh the said Richard Bushopp, by his Attorny aforesaid, And as to the aforesaid Writ of Venire Facias, the Sherif thereof did nothing, nor sent that Writ; Therefore as to the Tryal of the Issue aforesaid, as at first, It was commanded to the Sherifs of the aforesaid County of Worcester, that he do not omit, &c. And that he cause to be here from the day of Easter, in 15. dayes, 12, &c. To Recognize in form aforesaid, &c. And the same day is given thereof here, to the aforesaid Richard Bishopp, And because the Barons here will further avise with themselves of and upon the Premi­ses, whereof the aforesaid Richard Bishopp, 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. dayes, to hear thereof their Judge­ment, because the said Barons thereof are not yet, &c. At which day cometh the said Richard Bishopp by his Attorny aforesaid: And as to the a­foresaid Writ of Venire Facias, the Sherif thereof did nothing, nor sent that Writ; Therefore as to the Tryal of the Issue aforesaid, as at first, It is [Page 174] Commanded to the Sherif of the aforesaid County of Worcester, that he do not omit, &c. And that he cause to come here in 8. dayes of Holy Trinity, 12, &c. to know in form aforesaid, and the same day is given thereof here, tothe aforesaid Richard Bushop, and because the Barons here will far­ther avise themselves of and upon the premises, whereof the said Richard Bushop above put himself in the Judgement of the Court, farther day is given to the aforesaid Richard Bushop here, to hear their Judgement there­of, because the same Barons thereof are not yet, &c. At which day here cometh the aforesaid Richard Bushop by his Attorny aforesaid, and as to the aforesaid writ of Venire facias, the Sherif did nothing thereof, nor sent that writ, therefore as to the tryal of the Issue aforesaid, as before it was com­manded to the Sheriff of the aforesaid County of Worcester, that he do not omit, &c. And that he cause to come here, in 8 dayes of Saint Michael 12 &c. to recognize in form aforesaid, &c. And the same day thereof is gi­ven here, to the aforesaid Richard Bushop, 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 Bushop until the aforesaid 8 dayes [...]f Saint Michael to hear thereof their Judgement, because the same Barons thereof are not yet, &c. At which day cometh the said Richard Bushop, by his Attorny 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 VVorcester, that he do not omit, &c. and that he cause to come here from the day of Saint Hillary in 14 dayes 12, &c. And the same day is given here to the aforesaid Richard Bushopp, and because the said Richard Bushop 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 dayes to hear their judgement thereof, because the Barons here thereof are not as yet, &c. At which day cometh the said Richard Bushopp by his Attorny 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 Bushop of the Entry, Intrusion, and Ingresse 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 yeer 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 In­gresse 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 yeer of the Reign of the Lady the Queen that now is, the 32th. and from the said 21th. day of February untill the afore­said day of the exhibiting of the said Information, that is to say, the 20th. day of June, in the yeer 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, [Page 175] go thereof at present, without day, saving alwayes the right of the Queen if at another time, &c. And as to the tryal of the Issue aforesaid above joyned by the Country to be tryed, it is commanded to the Sheriff of the aforesaid County of Worcester as at first, that he do not omit, &c. And that he cause to come here from the day of Easter in 15 dayes 12, &c. 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. Attorny 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 tryal 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 tryal of the said Issue, go without day at present, saving alwaies to the Queen her Action If at another time, &c. And afterwards, that is to say, the 11th. day of April in the yeer 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 Tresurer 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, &c. To the Tresurer and Barons of her Exchequer Greeting: Be­cause in the Record and process; and also in giving of Judgement in the plaint wch was in our Court before you the aforesaid Barons of our Exche­quer aforesaid, in the yeers of our Reign the 37th. By Bil between us and Richard Bushopp, of certain trespasses and intrusions, in certain of our Woods with the appurtenances called Alton, otherwise Aluington Woods, conteyning 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 Tresurer 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 conteyned: 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 alll things concerning the same, before our beloved & faithful Counsellor Tho. Egerton Kt. keeper of our great Seal of England, and how the aforesaid Tresurer in the Councel Chamber next to the Enchequer aforesaid called the Coun­cel Chamber, upon Tuesday, that is to say, the 21th. day of the moneth of April, you cause to come. And to the same Keeper of our great Seal, and [Page 176] you the aforesaid Tresurer, 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 Councel 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. Witnesse my self at Westminster the 11th. day of April in the yeer of our Reign the 39th. Symons. At the said 29th. day of the said Moneth of April, the aforesaid Worthy Man Thomas Eger­ton Kt. Keeper of the great Seal of England, and VVilliam Lord Burghley Lord Tresurer of England, caused to come before them the Record afore­said, in the aforesaid Chamber next to the Exchequer aforesaid, called the Councel Chamber, and at the said day and place came before the Lord Kee­per of the great Seal, and the Lord Tresurer, 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 diversly Erred, that is to say, that the aforesaid Richard Bushopp by his plea in barr of the information aforesaid pleaded doth suppose, that the aforesaid late King Henry the 7th. was seised of the reversion of the manor aforesaid with the appurtenances whereof, &c. 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 VVarwick, and by the force of the aforesaid Act of Parliament, in the yeer of the Reign of the said late King the 19th. in the Barr aforesaid mentioned, by which Act it was enacted, that the aforesaid Edward late Earl sh [...]uld forfeit to the said late King all his Mannors, Lands, Tenements and Hereditaments, whereas, the aforesaid late King by vertue of the At­tainder and Act of Parliament aforesaid as before is said made, could not be seised 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 seised 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. dyed seised 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 Lawes 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 VVorcester the 5th. day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th. before Roger VVinter Esquire then Escheator of the said late King in the said County, by virt [...]e of his office, It was found that the aforesaid Edward late Earl of VVarwick, was seised of the Reversion of the Manor aforesaid, as of Fee and Right, and so thereof being seised, the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th. in the 19th. yeer 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 seised of the Reversion aforesaid, as by the Inquisition aforesaid in the Court of Chan­cery of the said Lady the Queen at VVestminster in due manner reserved and here of Record remaining, more fully appeareth. Whereas every Inquisition taken upon whatsoever Attainder of High-Treason, taken before [Page 177] the Escheator, by virtue of his Office ought to be retorned into the Court of the Kings Exchequer, and there ought to be filed, and not in the Court of Chancery. And if in the Court of Exchequer retorned, and there of Record it be not filed, then 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 yeer of his Reign the 23th. by his Letters Patents under his great Seal of England sealed, bearing date the same day and yeer, reciting, That where­as the said late King, the 12th. day of October, in the 12th. yeer of his Reign, had given, and granted, to the abovesaid Walter Walshe, the Mannor of Grafton Fleuard with the appurtenances, for the Term of the life of the said VValter, and whereas, the same late King, the 6th. day of December, in the yeer of his Reign the 21th. by other his Letters Patents, had given, and granted, to the abovesaid VValter, and to one Elizabeth then his Wife, The aforesaid Mannor of Charleton with the appurtenances, in the said County of Somerset, To have, and to hold, to the said VValter and Elizabeth, and the longer liver of them, The late King Henry the 8th. for that, that the said VValter, the aforesaid Letters Patents, to him of the aforesaid Mannor of Grafton Fleuard, and the said VValter, and the aforesaid Elizabeth, the said Letters Patents to them of the aforesaid Mannor of Charleton, in form aforesaid made, to the said late King Henry the 8th. in his Chancery had delivered up there to be cancelled; By the said letters patents, gave and granted to the abovesaid VValter and Elizabeth, the a­foresaid Manor of Abotesly with the appurtenances whereof, &c. to have and to hold to them the said VValter and Elizabeth, and to the heirs males of the bodie of the said VValter begotten: And the aforesaid Richard Bushopp in his plea aforesaid hath not shewed in fact, that the aforesaid late King Henry the 8th. by his letters patents had given and graunted to the aforesaid VValter and Elizabeth the aforesaid Mannor of Charleton with the appurtenances, to have and to hold to the said VValter and Elizabeth for the Term of the longest liver of them, as by the Law he ought to have shewed, and because expresly it is not shewed in the said plea, that the same grants were made, but only by way of recital, The aforesaid Consideration in the aforesaid Letters Patents of the aforesaid late King Henry the 8th. in the yeer of his Reign the 23th. aforesaid made, are void and insufficient in Law, And the said late King, in his grant aforesaid, by reason thereof was deceived. And in this, That the aforesaid Richard, in his Plea aforesaid allegeth, that the aforesaid VValter and Elizabeth, the said Letters Patents to them of the aforesaid Mannor of Charleton, made in the Chancery of the said late King Henry the 8th. had surrendred and procured to be cancelled, By which the Estate of the said VValter and Elizabeth, of and in that Mannor was determined; Whereas, by the Law of the Land, the estate of the said Elizabeth, then being under Covert Baron by the surrendring and can­celling of the said Letters Patents was not determined, or surrendred up. And upon this, That whereas, the aforesaid Richard Bushopp in his pleading alleged, That by the aforesaid Act of Parliament of the said late King Henry the 8th. the 8th. day of June, in the 28th. year of his Reign made, it was Enacted, That the said late King Henry the 8th. his Heirs, and Successors should have, hold, and enjoy all and singular the Mannors aforesaid, with the appurtenances in Fee simple, saving alwayes to all person and persons, Bodies politique and Corporate, their Heirs and [Page 178] Successors, and to the Heirs and Successors of every of them, other than to the aforesaid late Countess of Warwick, and her Heirs, and the Heirs of the said Richard late Earl of Warwick, Brother of the said late Countess, all such Rights, Titles, Uses, Interests, Term of years, demise, demises, En­tries, Actions, Grants, and Conditions, which he, or any of their Heir, or the Heirs, or Successors of any of them have or had, or might to have, or ought to have had, if the said Act of Parliament had never been made, any thing in the said Act to the contrary thereof notwithstanding. And the aforesaid Richard Bushopp in his Plea aforesaid, doth not allege in fact, That the aforesaid Ann, now Countess of Warwick, in whose Right, and as Ser­vant of which Countess, the said Richard makes Justification of the Tres­pass, and Intrusion aforesaid, was not Heir of the said Richard late Earl of Warwick, as by the Law of the Land it ought to be shewed; and in this, that by the said Act of the 28th. abovesaid, The aforesaid Mannor of Abbot­tesley with the appurtenances, whereof &c. was given by express words, to the said late King Henry the 8th. his Heirs and Successors, and thereof the said Saving in the same Act mentioned, is repugnant and void, to reserve any right in that Mannor to any other person, and therefore the aforesaid Walter Walshe, and Elizabeth his wife, to have or claim any right or estate of, or in the said Mannor, by force of the said Act of Parliament are barred. And in this, That whereas, the aforesaid Plea of the said Richard Bushopp above in Barr pleaded, is insufficient in Law to discharge, or excuse him the said Richard, of the Trespass, intrusion, and ingress aforesaid, upon which Plea the aforesaid Attorney, of the said Lady the Queen had de­murred in Law, and demanded Judgement there for the said Lady the Queen, yet that notwithstanding, it is adjudged by the Barons, That the Plea of the said Richard is sufficient in Law, him the said Richard of the En­try and Intrusion into the aforesaid Wood called Alton-wood, otherwise 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 Attor­ny General of the said Lady the Queen that now is there alleged, and it is granted unto him; And it is commanded to the Sherif of the said County of Worcester, That by good and lawful men of his Balywick, he give warn­ing to the said Richard Bushop, that he before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, in the Chamber aforesaid, upon Tuesday, falling the 26th. day of the said Moneth of April, to hear in form aforesaid if, &c. And further, &c. that to the Court, &c. At which day, the same Sherif, that is to say, Edward Harwell Esquire, retorned the Writ aforesaid, and sent that the said Writ was so late delivered unto him, that for the shortnesse of the time he could not execute it, Yet the aforesaid [Page 179] Richard Bushop, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, at the same day comes into the Chamber aforesaid, by Arthur Salway his Attorny, and demands the hearing of the Record, and of the Processe, as also of the aforesaid Errors, and they are read unto him. Which being read and heard, The said Richard saith, That in the Record and Processe 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 Processe, as to the aforesaid matters for Errors alleged, according to the form of the Statute aforesaid, And the aforesaid Attorny of the said Lady the Queen saith as above, and prayeth likewise, &c. 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 Bushop, in the Chamber aforesaid, until the next day after Tuesday, falling the 3d. day of May, to hear their Judgement thereof, &c. At which day, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, into the Chamber aforesaid, the said Richard Bushop, comes by his Attorny 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 Bushop, in the Chamber aforesaid, until the first Tuesday, following the Term of the Holy Trinity, to hear their Judgement thereof, &c. At which day, before the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, in the Chamber aforesaid, comes the aforesaid Richard Bushop, by his Attorny 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 Bushop, in the Chamber aforesaid, until the second Tuesday, in the Term of Micha­el next comming, to hear their Judgement thereof, &c. 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 Bushop, in the Chamber aforesaid, comes by his Attorny aforesaid, before the said Justices, And the aforesaid Business, and Sute of Errors, by the said Justices is adjorned and continued, by vir­tue of the said Statute until Tuesday next, And the same day is given to the aforesaid Richard Bushop, to hear their Judgement thereon, &c. At which day, before the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer, in the Chamber aforesaid, comes the aforesaid Richard Bushop, by his Attorny 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, &c. 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 Attorny aforesaid, and because for the absence for the aforesaid Lord Keeper of the Great Seal, in the aforesaid Businesse and Sute of Error, it cannot be proceeded, the same cause is continued and adjorned by them, [Page 180] the Lord Treasurer, and Chief Justices, by virtue of the Act aforesaid made, until Tuesday, falling the 22th. day of November then next following, in the Chamber aforesaid, And the same day is given to the aforesaid Richard Bushop, in the same Chamber, to hear his Judgement thereof, &c. At which day, before the aforesaid Lord Keeper of the Great Seal, and the aforesaid Justices, in the Chamber aforesaid, comes the aforesaid Richard Bushop, by his Attorny aforesaid, & the aforesaid Lord Treasurer, there then not com­ming, the Business and Sute of Errors aforesaid, is continued and adjorned 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 then next following, and the same day is given to the aforesaid Richard Bushop, 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 Bushop, at the same day in the Chamber aforesaid, before the said Justices, likewise cometh by his At­torny aforesaid, and the aforesaid Business and Sute of Errors is conti­nued and adjorned 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, &c. At which day before the aforesaid Lord Keeper of the Great Seal, and the aforesaid Chief Justices, comes here the aforesaid Richard Bushop, in the Chamber aforesaid, by his Attorny a­foresaid, and the said Lord Treasurer then and there not comming, the aforesaid Business and Sute of Errors is continued and adjorned, 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 Bushop, in the Chamber aforesa. to hear their Judge­ment thereof, &c. At which day, the aforesaid Lord Keeper of the Great Seal, and the Lord Tresurer aforesaid, come not; But the aforesaid Chief Ju­stices come into the same Chamber, and are there present; And the afore­said Richard Bushop, likewise cometh by his Attorny aforesaid, and the afore­said Business and Sute of Errors by them is continued and adjorned, fur­ther by virtue of the Statute aforesaid thereof made, until the first Tuesday in the Term of the Holy Trinity then next following, and the same day is gi­ven to the aforesaid Richard Bushop, in the Chamber aforesaid, to hear their Judgement thereof, &c. At which day, before the Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard Bushop, by his Attorny aforesaid, and because, the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer, then and there come not, the aforesaid Business and Sute of Erors, is continued and adjorned, 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. Bushop, in the Chamber aforesaid, to hear his Judgement thereof, &c. At which day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the a­foresaid Ric Bushop, by his Attorny aforesaid, and because the aforesaid Lord Keeper of the Great Seal, & Lord Treasurer come not, therfore the aforesaid Business & Sute of Errors is continued and adjorned, according to the form of the Statute aforesaid, further until the third Tuesday, in the Term of St. Michael next following, and the same day is given to the aforesaid Rich­ard [Page 181] Bushop, in the Chamber afores. to hear their Judgment, therof &c. At w ^ch day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard Bushop, by his Attorny aforesaid, And because the aforesaid Lord Keeper of the Great Seal, and the Lord Treasurer come not, therefore the aforesaid Business and Sute of Errors is continued and ad­jorned, by virtue of the Statute aforesaid thereof made, further until the 21th. day of November, in the same Term of St. Michael, and the same day is given to th aforesaid Richard Bushop, in the Chamber aforesa. to hear their judgment thereof, &c. [...]At which day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard Bushop, by his Attorny aforesaid, And because the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer come not, therefore the aforesaid Businesse and Sute of Errors is adjorned and continued, according to the form of the Statute a­foresaid, until the second Tuesday of the Term of St. Hillary next following, And the same day is given to the afores. Rich. Bushop, to hear their Judge­ment thereof, &c. At which day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard Bushop, by his Attor­ny aforesaid, and because the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer come not, therefore the aforesaid Business and Sute of Er­rors is continued and adjorned, by virtue of the Statute aforesaid there­of made, further until the first Tuesday in the Term of Easter then next fol­lowing, and the same day is given to the aforesaid Richard Bushop, in the Chamber aforesaid, to hear their Judgement thereof, &c. At which day, before the aforesaid Chief Justices, in the Chamber aforesaid, cometh the aforesaid Richard Bushop, by his Attorny aforesaid, and because the afore­said Lord Keeper of the great Seal, and the Lord Treasurer, come not, therefore the Business and Sute of Errors aforesaid, until the first Tuesday, in the Term of the Holy Trinity next following, And the same day is given to the aforesaid Richard Bushop, in the Chamber afores. to hear their Judgement thereof. At which day before the aforesaid Thomas Egerton Knight, Lord Keeper of the Great Seal, and Thomas Lord Buckherst, now Lord Treasurer of England, in the Chamber aforesaid, cometh the afore­said Richard Bushop, by his Attorny aforesaid And the aforesaid Attorny of the Lady the Queen, for the said Lady the Queen, as at first prayeth, &c. And because the aforesaid Lord Keeper of the Great Seal, and Lord Treasurer, will further avise of giving their Judgement of and upon the premises, be­fore, &c. Further day is given to the aforesaid Richard Bushop, in the Chamber aforesaid, until the second Tuesday in the term of St. Michael then next following, to hear their Judgement therof, &c. At which day, be­fore the aforesaid Lord Keeper of the great Seal, and the Lord Tresurer, in the Chamber aforesaid, cometh the aforesaid Richard Bushopp by his Attor­ny aforesaid, and because the aforesaid Lord Keeper of the Great Seal, and Lord Tresurer are not avised yet of giving their Judgement of and upon the premises, day further is given to the aforesaid Richard Bushopp in the Chamber aforesaid, untill Tuesday the 23th. day of October, the same Term of St Michael, to hear their Judgement thereof, &c. At which day, before the aforesaid Lord Keeper of the Great Seal, and the Lord Tresurer in the Chamber aforesaid, cometh the aforesaid Richard Bushop by his Attorney aforesaid, and because the aforesaid Lord Keeper of the Great Seal, and Lord Tresurer are not yet avised of giving their Judg­ment [Page 182] of and upon the premises, day further is given to the aforesaid Ri­chard bushopp in the Chamber aforesaid, untill Tuesday the 30th. day of the said Moneth of October, the same Term of Saint Michael, to hear their Judgement thereof, &c. At which day the aforesaid Lord Keeper of the Great Seal, and Lord Tresurer, do not come in the Chamber aforesaid, but the aforesaid Chief Justices in the Chamber aforesaid come, and the aforesaid Richard Bushopp at the same day, in the same Chamber, and before the same Justices, likewise cometh by his Attorny aforesaid: And the afore­said business and sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made, further untill Tuesday the 6th day of No­vember the same Term of Saint Michael, and the same day is given unto aforesaid Richard Bushopp to hear their Judgement therof. &c. At which day neither the aforesaid Lord Keeper of the great Seal, nor Lord Tresurer, nor the aforesaid Chief Justices come unto the Chamber aforesaid, After­wards, the said Lady the Queen that now is sent here, another her writ close under her Great Seal, out of her Court of Chancerie, to the Tre­surer and Barons of this Exchepuer directed, the Tenor of which writ followeth in these words. ss. Elizabeth, by the Grace of God of England, France and Ireland Queen, defender of the faith, &c. To the Tresurer and her Barons of her Exchequor Greeting, Because in the Record and Process, and because of giving of Judgement in the plaint, which was in our Court before you the aforesaid Barons of our Exchequer aforesaid, in the Term of the Holy Trinity, in the yeer of our Reign the 37th. by Bill between us, and Richard Bushopp, of certain Trespass and Intrusion in certain Woods with the appurtenances called Alton, otherwise Aluington Wood, conteyning by estimation 3000 Acres of Wood in Alton, otherwise Aluington and Rock in our County of Worcestor, manifest Error intervened to our great damage; and because in the Statute in the Parliament of the Lord Edward late King of England the 3d. our Progenitor at Westminster, in the 31th. yeer of his Reign holden, made, amongst other things it is a­greed unto, and established, that in all cases the King or other persons con­cerning, where any one complaineth of Error done in process in the Ex­chequer, the Chancellor and Tresurer cause to come before them in some Chamber of Councel nigh unto the Exchequer, the same Record and pro­cess out of the said Exchequer, and taking to them the Justices and other sages, such as to them they shall seem to be taken, to call before them the Barons of the Exchequer aforesaid, to hear their Informations and the causes of their Judgement, and upon this business duly cause to be exa­mined, and if any Error should be found, the same cause to be mended and the Rolls amended, and after them into the Exchequer to do execu­tion therof, to be sent back as belongeth, as in the said Statute it is con­teyned, We therefore willing, Error, if any such were according to the form of the Statute aforesaid to be corrected, and full and speedy Justice to be done, in his behalf command you, that if Judgement be thereof given, then the Record and Process, aforesaid with all things touching the same before our beloved and faitfull Councellor Thomas Egerton Knight Keeper of our Great Seal of England, and you, you the aforesaid Tresurer, in the Chamber of Councel, nigh the Exchequer aforesaid, called the Councel Chamber, upon Tuesday, that is to say, the 15th. day of February next comming, cause to come, that the same Keeper of our Great Seal and you the aforesaid Tresurer the Record aforesaid seeing and the process afore­said, [Page 183] and hearing your Informations, you the aforesaid Barons cause to be done, what of right according to the form of the statute aforesaid was to be done. Witnesse my self at Westminster the 29th. day of January in the yeer 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 Tresurer 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 Tresurer, the aforesaid Attorny of the Lady the Queen, and for the said Lady the Queen saith, That in the Record and processe, and also in the giving of the Judgement aforesaid, It is diversly 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 Tresurer, at a certain day to hear the Record and Processe aforesaid, and also the Errors aforesaid, &c. and it is granted unto him. And it is commanded to the Sherif 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 Processe aforesaid, as also the Errors aforesaid above alleged, and fur­ther, &c. What to the Court, &c. At which day, before the aforesaid Lord Keeper, and Lord Tresurer in the Chamber aforesaid, the Sherif of the County of Worcester aforesaid, that is to say, William Childe Esquire, Re­torned the Writ aforesaid endorced 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 Bushop, by Arthur Salway his Attorny, at the same day in the Chamber aforesaid, likewise cometh, and demands the hearing of the Record and Processe, as also of the Errors aforesaid, and they are read unto him, &c. Which being read and heard, the said Rich­ard saith, That in the Record and processe aforesaid, in nothing it is er­red, And prayeth, That the aforesaid Lord proceed to the Examination aswel of the Record and Processe aforesaid, as of the businesse aforesaid for Errors by the said Attorny of the said Lady the Queen above alleged, according to the form of the aforesaid Statute thereof made: And the a­foresaid Attorny of the Lady the Queen, for the said Lady the Queen saith as before he had said and prayeth likewise, &c. And because the aforesaid Lord Keeper of the Great Seal, and the Lord Tresurer, will further avise themselves of and upon the premises, before they give their Judgement thereof, day is given to the aforesaid Richard Bushop, in the Chamber afore­said, until Tuesday next, to hear their Judgement thereof, &c. At which day, before the said Lord Keeper, and Lord Tresurer, in the Chamber aforesaid at Westminster, cometh the aforesaid Richard Bushop by his Attorny aforesaid, And because the aforesaid Lord Keeper, and Lord Tresurer, are not yet a­vised of giving their Judgement of and upon the premises, further day is [Page 184] given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal, and the Lord Tresurer, in the Chamber aforesaid, until Tues­day, to hear their Judgment thereof, &c. At which day before the Lord Keeper of the Great Seal, and the Lord Tresurer, in the Chamber aforesaid, at VVestminster, cometh the aforesaid Richard Bushopp by his Attorny afore­said, and because the aforesaid Lord Keeper and Lord Tresurer are not yet a vised of the giving of their Judgment 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 Tresurer, in the Chamber aforesaid, until the first Tuesday in the Term of Holy Trinity then next comming to hear Judgement thereof, At which day, before the aforesaid Lord Kee­per of the Great Seal, and the Lord Tresurer, in the Chamber aforesaid at Westminster, cometh the aforesaid Richard Bushopp by his Attorny aforesaid, & because the aforesaid Lord Keeper of the Great Seal, & 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 Lord Tresurer, in the Chamber aforesaid, un­till Tuesday, the third day of June the same Term of Holy Trinity, to hear Judgment thereof, At which day, before the aforesaid Lord Keeper of the G [...]eat Seal, and Lord Tresurer, in the Chamber aforesaid, at Westminster, cometh the aforesaid Richard Bushopp by his Attorny 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 Tresurer in, the Chamber aforesaid, until Tues­day the 10th. day of June, next the same Term of the Holy Trinity, to hear their their Judgment thereof, At which day before the aforesaid Lord Keeper of the Great Seal, and the Lord Tresurer in the Chamber aforesaid, at Westminster cometh Rchard Bushopp, by his Attorny aforesaid, And upon this the premises being seen, by the aforesaid Lord Keeper of the Great Seal of England, and the aforesaid Tresurer, 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 her self 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 Tresurer with the Counsel of the Justices aforesaid, That in the Record and Processe aforesaid, and also in the giving of the Judgement aforesaid, it is manifestly erred, Therefore it is granted by the said Keeper of the Great Seal of England, and the aforesaid Tresurer, That the Judge­ment aforesaid be conversed and annulled, And that the aforesaid Richard Bushopp, of the Entry, Intrusion, Trespasse and Contempt aforesaid be convicted, And that the aforesaid Richard Bushopp be amoved from the pos­session of the premises; And be Attached by his Body wheresoever, &c. To make fine with the Lady the Queen for the aforesaid his Trespass and Contempt, whereof in form aforesaid he is convicted. And that the Re­cord aforesaid be sent back into the Exchequer aforesaid, for the Execution therof for the aforesaid Lady the Q. to be done, according to the form of the [Page 185] Statute aforesaid thereof made, Therfore it is agreed by the Barons here, That the Writ of the Lady the Queen that now is, issue forth out of the Court here, to amove the aforesaid Richard Bushopp from the possession of the premises aforesaid, And to attach the aforesaid Richard by his body wheresoever, &c. to make fine for the Trespass aforesaid, and contempt, whereof in form abovesaid he is convicted, retorneable here in 8 dayes of Saint Michael; and it is commanded to the said Sheriff of the said County of Worcester, that him the said Richard he amove & attach in the form afore­said.