[IMG 5610] Kent. John Fayreway of Cranbrooke in the abovesaid county weaver was attached to answer Thomas Nashe concerning a plea, why with force and arms he broke the close and house of the same Thomas at Cranbrooke and inflicted other enormities on him to the grave damage of the same Thomas and against the peace of the now lord king etc. And wherefore the same Thomas by Richard Sherpe his attorney complains that the abovesaid John on October 6 in the 29^th year of the reign of the now lord king [October 6, 1537] with force and arms broke the close and house of the same Thomas at Cranbrooke and other enormities etc., to the grave damage etc., and against the peace etc., wherefore he says that he is worse off and has damages to the value of £10, and thereof he produces suit etc.

         And the abovesaid John by Thomas Henley his attorney comes and defends force and injury when etc., and as to coming with force and arms says that he is in nothing guilty thereof, and of this he puts himself on the countryside. And the abovesaid Thomas similarly. And as to the rest of the trespass abovesaid supposed to have been done the same John says that the abovesaid Thomas ought not to have his abovesaid action against him, because he says that the abovesaid close and house as well as the places in which it is supposed the abovesaid trespass was done are and at the time at which it is supposed the abovesaid trespass was done were 1 messuage, 2 gardens, and 2 pieces of land with appurtenances in Cranbrooke abovesaid, whereof before the abovesaid time at which etc., a certain John Wardaker of Cranbrooke abovesaid was seised in his demesne as of fee and thus seised thereof before the same time at which etc., of the abovesaid tenements with appurtenances he enfeoffed the certain Percival Asten, William Stranton, and Thomas Roberd of Staplehurst to have to them and their heirs in perpetuity to the use of Percival and his heirs; by virtue of which the same Percival, William, and Thomas were seised thereof in his demesne as of fee to that use; and they thus being seised to the same use the abovesaid William Stranton afterwards and before the abovesaid time at which etc., the same Percival and Thomas survived him and held himself in on the same tenements with appurtenances and they were alone seised thereof in their demesne as of fee by the right of increase etc., to the same use; and they thus being seised thereof, by a certain act promulgated in the now lord king’s Parliament at London beginning on November 3^rd in the 21^st year of his reign and thence to and until Westminster adjourned and prorogued and there by diverse prorogations continued and prorogued to and until February 4 in the 27^th year of the reign of the now lord king and there on the same February 4 it was enacted by the now lord king from the assent of the lords spiritual and temporal and the community then being in the same Parliament, as well as by the authority of the same Parliament among other things that, when any person or any persons at the time of the promulgation of the same act in the 27^th year abovesaid stands or stand or after the promulgation of that act will be seised of or in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments to the use or confidence of any other person or other persons or of any bodies politic by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will, or otherwise in any manner whatsoever, that in each case of this kind every person or persons and bodies politic that at the said time of the promulgation of the abovesaid act had or after the promulgation of the same act would have any use or confidence of this kind in fee simple, fee tail, for term of life or of years or otherwise or any use or any confidence in remainder or reversion thence into the future will stand and be seised and adjudicated in lawful seisin, estate, and possession of and in the same honors, castles, manors, lands, tenements, rents, services, reversions, remainders, hereditaments with appurtenances [IMG 5611] to all intents and constructions in law of and in suchlike estates as they had before the abovesaid act promulgated or after the promulgation of that act would have in use or confidence of or in the same and that the estate, title, right and possession that were in this manner person or persons who before then was or were or after the promulgation of that act will be seised of any lands, tenements or hereditaments to the use or confidence of any person or persons or body politic of this kind from the said time of the act promulgated will be clearly adjudicated in him or in them who at the time of the promulgation of the abovesaid act had or after the promulgation of the that act will have such use or confidence according to this manner quality, manner, form, and condition as they had before in or at use or confidence that were in them, as in the same act promulgated in the 27^th year is more fully contained, by pretext of which certain act the abovesaid Percival was alone seised of the abovesaid tenements with appurtenances in his demesne as of fee; and thus seised thereof before the abovesaid time at which etc., scilt., on September 10 in the 29^th year of the reign of the now lord king [September 10, 1537] at Cranbrooke abovesaid in the abovesaid county demised the tenements abovesaid with appurtenances to the same John Faryeway to have and occupy for himself and his assigns from the feast of St. Michael the Archangel then next following for the term of one year then next following and thus from year to year as long as it should please both parties, by virtue of which demise the same John was possessed of the same tenements with appurtenances; and the abovesaid Thomas Nashe, claiming the abovesaid tenements by color of a certain charter of demise made to him thereof for term of his life by the aforementioned John Wardaker long before the abovesaid feoffment made in the abovesaid form by the same John to the aforementioned Percival, William, and Thomas Nashe thereof–when nothing of the same tenements passed thereof into the possession of the same Thomas Nashe by that charter–entered into the same tenements with appurtenances before the abovesaid time at which etc.; on the possession thereof of which certain Thomas Nashe the same John Fayreway afterwards, scilt., at the same time at which etc., re-entered on those tenements with appurtenances as well he might. And this he is ready to verify, wherefore he seeks judgments if the abovesaid Thomas Nashe ought to have his abovesaid action against him.

         And the abovesaid Thomas Nashe says that he by anything alleged above ought not to be precluded from having his abovesaid action, because he says that before the abovesaid John Wardaker had anything in the abovesaid tenements and before the abovesaid time of the abovesaid trespasses done, he himself was seised of the same tenements with appurtenances in his demesne as of fee until the abovesaid John Fayreway before the same time at which etc., unjustly and without judgment disseised that Thomas Nashe thereof, whereby the same John Fayreway was seised of those tenements with appurtenances in his demesne as of fee by disseisin etc., and thus seised thereof by that disseisin of the same tenements with appurtenances he enfeoffed the aforementioned John Wardaker to have to him and his heirs in perpetuity; by virtue of which feoffment the same John Wardaker was seised thereof in his demesne as of fee and thus seised thereof before the time of the abovesaid trespass done, he enfeoffed of the abovesaid tenements with appurtenances the aforementioned Percival, William, and Thomas Roberd to have to them and their heirs in perpetuity to the use of that Percival and his heirs, by virtue of which feoffment the same Percival, William, and Thomas were seised thereof in their demesne as of fee to that use; and they being thus seised to the same use, the abovesaid William Stranton afterwards and before the abovesaid time at which etc., died, and the same Percival and Thomas survived him and held himself in on the same tenements with appurtenances and were alone seised in their demesne as of fee by the right of increase etc., to the same use; and they thus being seised thereof, by the abovesaid act promulgated in the abovesaid Parliament of the now lord king held at London [IMG 6271] beginning on November 3 in the 21^st year of his reign and thence adjourned and prorogued to and until Westminster and there by divers prorogations continued and prorogued to and until February 3 in the 27^th year of the reign of said now lord king abovesaid and there on the same February 4 it was enacted by the abovesaid lord king from the assent of the lords spiritual and temporal and the community being then in the same Parliament as well as by the authority of the same Parliament among other things that, when any person or any persons at the time of the promulgation of the same act in the 27^th year abovesaid stand or after the promulgation of that act will be seised of or in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments to the use or confidence of any other person or any other persons or of any body politic by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will, or otherwise in any manner whatsoever, that in each case of this kind every person or persons and bodies politic that at the said time of the promulgation of the abovesaid act has or after the promulgation of the same act will have any use or confidence of this kind in fee simple, fee tail, for term of life or of years or otherwise or any use or any confidence in remainder or in reverter then into the future shall stand and be seised and adjudicated in lawful seisin, estate, and possession of and in the same honors, castles, manors, lands, tenements, rents, services, reversions, remainders and hereditaments with appurtenances to all intents and constructions in law and suchlike estates as they before the abovesaid act promulgated had or after the promulgation of that act would have in use or confidence of or in the same and that the estate, title, right, and possession that were in this manner person or persons who before then were or after the promulgation of that act was or were seised of any lands, tenements, or hereditaments to the use or confidence of any this manner person or persons or of any body politic from the said time of the promulgation of the abovesaid act had or after the promulgation of that act would have such use or confidence according to this manner quality, manner, form, and condition as they before had in or at use or confidence that was in them, as is more fully contained in the same act promulgated in the said 27^th year, by pretext of which certain act the abovesaid Percival was alone seised of the abovesaid tenements with appurtenances in his demesne as of fee and thus seised thereof before the abovesaid time at which etc., scilt., on September 10 in the 29^th year abovesaid [September 10, 1537] at Cranbrooke abovesaid demised the abovesaid tenements with appurtenances to the aforementioned John Fayreway to have and to occupy to himself and his assigns from the abovesaid feast of St. Michael the Archangel then next following for a term of one year then next following and thus from year to year as long as it please both parties abovesaid; by virtue of which demise the same John was thereof possessed; on the possession of which certain John thereof the same Thomas Nashe afterwards re-entered on the abovesaid tenements. And he says that the trespass abovesaid whereof he complains above was done in the meantime between the abovesaid disseisin done by the aforementioned John Fayreway to the same Thomas Nashe concerning the abovesaid tenements with appurtenances in the abovesaid form and the abovesaid re-entry of the same Thomas Nashe in the same. And this he is ready to verify, wherefore, since the abovesaid John Fayreway above acknowledges the abovesaid trespass done in the abovesaid tenements with appurtenances, the same Thomas seeks judgment and his damages by occasion of that trespass to be adjudicated to him etc.

         And the abovesaid John Fayreway says that before the abovesaid time at which it is supposed that the abovesaid trespass was done, the abovesaid John Wardaker was seised of the abovesaid tenements with appurtenances in his demesne as of fee and thus seised thereof before the same time at which etc., of the same tenements with appurtenances, he enfeoffed the aforementioned Percival, William, and Thomas Roberd to have to them and their heirs in perpetuity to the use of the same Percival and his heirs; by virtue of which feoffment the same Percival, William, and Thomas were seised thereof in their demesne as of fee to that use; and they being thus seised to the same use in the abovesaid form, the abovesaid William afterwards and before the time at which etc., died; and the same Percival and Thomas survived him and held themselves in on the same tenements with appurtenances and were thereof alone seised in their demesne as of fee by the right of increase etc., to the same use; and they. being seised in the abovesaid form, by the abovesaid act promulgated in the Parliament of the now lord king held at London beginning on the abovesaid November 3 in the abovesaid 21^st year and thence to and until Westminster adjourned and prorogued and there by divers prorogations continued and prorogued to and until the abovesaid February 4 in the 27^th year abovesaid and there on the same February 4 among other things it was enacted by the abovesaid lord king now from the assent of the lords spiritual and temporal and the community being present in the same Parliament then as well as by the authority of the same Parliament among others things that, when any person or persons at the time of the promulgation of the same act in the abovesaid 27^th year stand or after the promulgation of that act will be seised of or in any honors, castles, manors, lands, tenements, rents, services, reversions, remainders or other hereditaments to the use or confidence of any other person or other persons or of any body politic by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will, or otherwise [IMG 6272] in any manner whatsoever, that in each case of this kind each and every person and bodies politic that at the time of the promulgation of the abovesaid act has or have or after the promulgation of the same act will have any use of this kind or confidence in fee simple, fee tail, for term of life or of years or otherwise or any use or any confidence in remainder or reversion thence into the future will stand and be seised and adjudicated both in lawful seisin and possession of and in the same honors, castles, manors, lands, tenements, rents, services, reversions, remainders, and hereditaments with appurtenance to all intents and constructions in law of and in suchlike estates as they before the abovesaid act had or after the promulgation of that act would have in use or confidence of or in the same and that the estate, title, right and [IMG 5612] possession that were in this manner person or persons that before then was or were or after the promulgation of that act would be seised of any lands, tenements, or hereditaments to the use of confidence of any this manner person or persons or of any body politic from the said time of that act promulgated will be clearly adjudicated in him or in them who at the same time of the promulgation of the abovesaid act had or after the promulgation of that act would have such use or confidence according to this manner quality, manner, form, and condition as they before had in or at use or confidence that was in them, as is contained more fully in the same act promulgated in the said 27^th year; by pretext of which certain act the abovesaid Percival was alone seised of the abovesaid tenements with appurtenances in his demesne as of fee and seised thereof before the abovesaid time at which etc., scilt., on September 10 in the abovesaid 20^th year [sic; must be 29^th year: September 10, 1537] at Cranbrooke abovesaid demised the abovesaid tenements with appurtenances to the same John Fayreway to have and to occupy to himself and his assigns from the abovesaid feast of St. Michael the Archangel then next following for term of one year then next following and thus from year to year as long as it please both parties; by virtue of which demise the same John Fayreway was possessed of the same tenements with appurtenances as he above alleged, without this that he disseised the aforementioned Thomas Nashe of the abovesaid tenements as the same Thomas above alleged. And this he is ready to verify, wherefore he seeks judgment and the abovesaid Thomas be precluded from having his abovesaid action against him.

         And the abovesaid Thomas Nashe as before says that the abovesaid John Fayreway disseised the same Thomas of the abovesaid tenements with appurtenances as he above alleged. And he seeks that this be inquired by the countryside. And the abovesaid John Fayreway similarly. Therefore it is ordered to the sheriff that he make to come here on the morrow of the Ascension of the Lord 12 etc., by whom etc., and who neither etc., to recognize etc., because both etc. At which day came here the parties etc., and the sheriff did not send the writ. Therefore as before it was ordered to the sheriff that he make to come here on the Octaves of Holy Trinity 12 etc., to recognize in the abovesaid form etc.