Imágenes de páginas
PDF
EPUB

endure and contynue And the same schole to have one lerned Scholemaster and one Ussher for ever and that the same schole shalbe called the Free Grammer Schole of Queene Elizabeth in Blakeburne in the said countye of Lancastre for ever as more plainelye bye the Queens Maiesties most gratious lettres patents beringe date theight daye of Auguste in the ixth yere of her Maiesties moste noble raigne it doeth and may more plainelye at large appeare without that that the said decree dothe not bynd the said defendants nor anye other persons beinge copiholders and named in the said bill in suche manner and forme as it is alledged in the said Answare or that the said comission dothe or oughte to bynd the said Complainants or Governors of the same free gramer scole in manner and forme as it is further untrulie alledged in the said answare, or that the said defendants haue or oughte to. haue anye good or lawfull righte title or estate of and in the premisses mencioned in the said bill of complaint in suche manner and forme as it is further untrulie in the said answare alledged, or that the same premisses was graunted onlie to the use of a chauntrie preste, For these complainants doe affirme and avarre that it dothe appeare by the said composicion and foundacion that the same was cheiflye gyven for the fyndinge of a preiste to teache a free gramer scole and a songe scole and for the mantenance of one syde of the Quere within the said parisshe churche of Blackburne, and not to singe anye masses or trentalls or to execute anye other supersticious thinge privatlie at anye alter or in anye chappell for the sowles of anye person or for anye suche supersticious use or purpose as was ment and intended by the statute maid for dissolucion of Chauntries but for mantenance of devyne service for the comon use and service of the holle parisshioners and to mantayne devyne service is noe supersticion but a thinge moste allowed of at this daye by the lawes of this Realme, and by force of these woords to manteyne devyne service the scolemaster at this daye is by vertue of the said fundacion to manteyne the devyne service nowe publicklie celebrated in the said parisshe churche, and althoughe the said Scolemaster

be named in the said foundacion sometymes by the name of a chauntree preste yet that name dothe nothinge preiudice because his accions are appointed for devyne service and not to saye anye masses or requiem diriges or to praye for sowles or suche like supersticious purposes mencioned in the said statute and therefore the said statute dothe not extend to take awaye the said Schole or the land & tenements gyven for the mantenance thereof by the said foundacion, And secondlie the said statute dothe not extend to the said lands beinge copihoulde lands for that it is pleinlie and expreslye provided in and by the said statute that the same statute shall not in anye wise extend to gyve or graunt anye copihoulde lands to the laite Kinge Edward the Syxte unles the Incumbents theym selves were copiholders and then the same statute dothe allowe the same lands to theym duringe theire lyves and noe longer, but of the said lands gyven as aforesaid for the mantenance of the said Scole the prest and scolemaster was not copihoulder, but other persons mencioned in the said bill were copiholders of the same to theym and theire heirs, and therefore theire estate was not towched by the said statute but the same estate dothe still contynewe save from the danger of the said estatut and if the same be and oughte to be taken oute of the danger of the said statute the said compleynants and parisshioners do trust that this Honorable Court will soe allowe of it withe favour it beinge for soe good and godlie a purpose and the rather for that the Quenes moste excellent Maiestie haithe vouchsaved of her special grace and favor to incorporate the said Scole to thintent it maye contynewe for ever and to call it Her Maiesties Schole, for which her blessed inclinacion and grace the parisshioners of the said parisshe will dalie pray for Her Maiestie And althoughe there be suche an order as is mencioned in the said answere yet the same is but quousque that good matter be shewde, and at the tyme of the said suyte whereupon the said order proceded the same cause was not sufficientlie prosecuted, nor suche matter as did serve for the benefyte of the said Scole was not opened to the said court and all the said copiholders

that were feoffees to the use of the said Scole weare not partie to the same and at that tyme there was noe cause of complaint, for the said then plaintiffs were in possession of the same as the said complainants doe thinke, And without that that the said order is materiall or effectuall against the said compleynants And without that that anye other matter or thinge &c. [See p. 84.]

8.

1591.

Nos. 8 & 9.

[THE GOVERNORS OBTAIN A RENT-CHARGE ON SOME LANDS IN FARNHILL, BELONGING TO THE ELTOFTS FAMILY. SEE ALSO PAGES 29—37 AND 92—112.]

This Indenture made the Seconde daye of April in the three and thirtithe yeare of the reigne of our sovereigne Ladye Elizabethe by the grace of God Quene of England Fraunce and Ireland Defendor of the Faithe &c. Betwene Sir John Soothwoorthe of Samesburie in the countie of Lancaster Knighte, Thomas Talbot of Basshall in the countie of Yorke, John Osboldston of Osboldston and William Farrington of Worden in the countye of Lancaster Esquires on thone partie, And the Governors of the possessions revenues and goods of the Free Gramer schoole of Quene Elizabethe in Blackburne in the countye of Lancaster on thother partie Witnessethe that the said Sir John Soothwoorthe, Thomas Talbot, John Osboldston, and William Farrington for dyverse good causes and consideracions theym movinge and for a certeyne some of monye to theym paide by the said Governors whereof they knowledge theym selves fullye satisfyed by these presents and speciallie for and in discharge of the truste in theym reposed Haue graunted allyened bargayned and sould and by these presents do graunte allyen bargayn and sell unto the said Governors of the possessions revenues and goods of the Free

Gramer Schoole of Quene Elizabethe in Blackeburne in the Countye of Lancaster all that anuall and yearlye rent charge or anuetie of twentie pounds of lawful monye of Englande graunted and rendered unto the said Sir John Soothwoorthe, Thomas Talbot John Osboldston and William Farrington and to the heirs of the said Sir John by Edward Walmysley and Robert Walmysley by fyne levyed before the Justices of oure sovereigne Ladye the Quene of the Benche at Westmynster in the Countie of Mydlesex in the terme of St. Mychaell tharchangell laste past: betwene Edwarde Walmysley and Robert Walmysley gentlemen pleyntiffs and Edmunde Eltofts Esquire Thomas Eltofts sonne and heire apparent of the same Edmund, John Soothwoorthe Knighte, Thomas Talbot, John Osboldston Esquires and William Farrington Esquire deforciants, Issuynge and goinge oute of lands tenements and hereditaments comprised in the said fyne, lyinge and beinge in Farnehill in the Countye of Yorke payable yearlye at certeyne dayes mencioned in the said fyne by even porcions yearlye withe a clause of distresse as well for the said rente and the arrerages therof if any shall happen to be as for a nomine pene as by the same fyne at large more playnlye it dothe and maye appeare. And also all suche rent and rents as the said Sir John Soothwoorthe, Thomas Talbot John Osboldston and William Farrington or anye of theym have or haithe issuinge and goinge oute of anye lands tenements or hereditaments in Farnehill in the said Countye of Yorke whiche are or weare the inheritance of Edmunde Eltofts Esquire To have and perceyve the said anuetie and yearlye rent charge to the said Governors and theire successors to the use of the said Free grammar schole for ever in as large and ample manner as they the said Sir John Soothwoorthe Thomas Talbot, John Osboldston and William Farrington have or oughte to have the same And the said Sir John Soothwoorthe for hym and his heirs dothe covenant and graunte to and withe the saide Governors and theire successors by these presents that the said yearlye rente or anuetie at the tyme of thensealinge hereof is and soe shall

or maye contynewe and be discharged or saved harmeles of and from all acts charges and incombrances whatsoever heretofore hadd made done or comytted by hym the said Sir John Soothwoorthe or by any other by his meanes or consent And the said Thomas Talbot for hym and his heirs dothe covenant and graunte to and withe the said Governors and theire successors by these presents that the said yearlye rente or anuetie at the tyme of thensealinge hereof is and soe shall or maye contynewe and be discharged or saved harmeles of and from all acts charges and incombrances whatsoever heretofore hadd made donne or comytted by hym the said Thomas Talbot or by anye other by his meanes or consent And the said John Osboldston for hym and his heirs dothe covenant and graunte to and withe the said Governors and theire successors by these presents that the said yearlye rente or anuetie at the tyme of thensealinge hereof is and soe shall or maye contynewe and be discharged or saved harmeles of and from all acts charges and incombrances whatsoever heretofore hadd made done or comytted by hym the said John Osboldston or by anye other by his meanes or consent And the said William Farrington for hym and his heirs dothe covenant and graunte to and withe the said Governors and theire successors by these presents that the said yearlye rent or anuitie at the tyme of thensealinge hereof is and soe shall or maye contynewe and be discharged or saved harmeles of and from all acts charges and incombrances whatsoever heretofore hadd made donne or comytted by hym the said William Farrington or by anye other by his meanes or consent.

In witnesse whereof to these present Indentures the parties aforesaide enterchangablie have putt theire hands and seales the daye and yeare firste above wryten.

[blocks in formation]
« AnteriorContinuar »