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In re Estate of Hilley: Easter term, 1538, King's Bench



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This writing enrolled in the king’s bench in Easter 1538 (made on December 12, 1537) was Giles Hunt’s appointment of an attorney to deliver possession and seisin of lands to Thomas Chafyn. Hunt had received his land at some seemingly recent time (but before or after the Statute of Uses is unknown, but this enrollment is more than two years February 4, 1536) from one of the feoffees to uses of Richard Hilley, a cleric; the feoffees had held the land to the use of performing the will of Hilley.




England. Memorandum that on Tuesday next after the third week of Easter in this same term before the lord king at Westminster John Fitzjames knight chief justice of the said lord king assigned to hold pleas in the court of the lord king before the king himself here records that on May 8 in the 30th year [May 8, 1538] before the same chief justice at Amesbury in the county of Wiltshire came Giles Hunt cousin of Richard Hilley cleric deceased in his proper person and proffered before the same chief justice then there a certain writing that he acknowledged to be his deed, and he sought that that writing as his deed be enrolled of record before the lord king, which certain abovesaid writing the abovesaid chief justice by his own hands now delivers here in the abovesaid form to be enrolled, which is enrolled in this form that follows:

To all Christian faithful to whom this present writing should come, Giles Hunt cousin of Richard Hilley cleric deceased, greetings in the sempeternal lord. Whereas Thomas Semayn in the performance of the last will of the said Richard Hilley handed over, delivered, and enfeoffed to me the aforementioned Giles and my heirs in perpetuity one toft that lately was of James Atchirche lying in Farley in the county of Wiltshire by the chapel of Farley as well as 2 acres of arable land lying on the west part of Farley abovesaid, of which 1½ acres abut themselves on the abovesaid toft from the north to the south (ab aquilone versus austrum) and one half acre of land, 1 rod lying conjoined between the land formerly of Roger Cloyne on the east, formerly of John Yong, jr., on the west, as well as 1 acre of arable land lying in the abovesaid field in Pinfurlong between the land lately of John Yong, jr., on either part by name of all the tofts, lands, and tenements in Farley abovesaid with their appurtenances which he the aforementioned Thomas Semayn, scilt., with Richard Dudley cleric, William Wilton cleric, and John Skyllyng armiger deceased acquired to themselves, their heirs and assigns from Thomas Brodgate to the use of the said Richard Hillei cleric and his heirs and to fulfill thereof the last will of the said Richard Hilley, know that I the aforementioned Giles for a sum of £4 paid to me beforehand by Thomas Chafyn, sr., of the city of Salisbury--of which certain £4 I confess that I am satisfied and fully paid and that Thomas Chafyn, his heirs and executors are quit thereof by the presents—have given, granted, bargained, and sold to the aforementioned Thomas Chafyn all the abovesaid tofts, lands, and tenements in Farley with their appurtenances as well as all the charters, writings, and muniments concerning the same tofts, lands, and tenements to have and to hold all the abovesaid tofts, lands, and tenements with their appurtenances in Farley abovesaid as well as the charters, writings, and muniments concerning the tofts, lands, and tenements abovesaid to Thomas Chafyn, his heirs and assigns in perpetuity; and indeed I the abovesaid Giles Hunt and my heirs will warrant, acquit, and defend in perpetuity by the presents all the abovesaid tofts, lands, and tenements with their [appurtenances] in Farley abovesaid to the aforementioned Thomas Chafyn, his heirs and assigns against all men. Moreover, know that I Giles Hunt have attorned and in my place have placed the beloved to me in Christ Richard Perholite my true and legitimate attorney to enter in my name and place concerning both all the abovesaid tofts, lands tenements and in the other premises in Farley abovesaid and to take possession in my name and place and after this kind of possession thus taken and had thereof in my place and name to deliver possession and seisin to the aforementioned Thomas Chafyn, his heirs and assigns according to the tenor, force, form, and effect of this present my charter approved, having and to be had all and whatever the said our attorney shall do in the premises. In testimony of which thing I have place my seal thereof to this present writing. Date: December 12 in the 29th year of the reign of King Henry VIII.