Rex v. Thomas Shawe, son and heir of Henry Shawe: Easter term, 1537; Exchequer [E159]
This exchequer enrollment enables the implementation of a judgment made in king’s bench on a challenge of an inquisition post mortem taken by a royal commission and returned into chancery, so it shows much of the process that might occur when a person of property died.
For the study of uses, Rex v. Shawe illustrates several critical points about uses prior to the Statute of Uses.
(1) When the feoffees to uses (analogue to trustees) successively died until there was only one of them surviving and that one feoffee to uses died (at each step, the surviving feoffees interest in the joint tenancy simply increasing by the right of increase [jus accrescendi] instead of going to the dead feoffee’s heirs), the feoffee’s heir inherited the lands but still held to the same use as had his father. While that situation might easily result in misunderstandings, here it did not.
(2) The settlor of the use could specify that the feoffees were supposed to hold the property to use of the performance of the settlor’s last will and testament, as happened here. The jurors on the inquisition post mortem here retailed a last will (a will whose existence was ultimately rejected by the king’s bench judgment) that simply divided the property among the settlor’s four children, each holding a quarter of the property in fee tail male. Had the settlor actually made that will, the feoffees would have been essentially passive, since they would only be acting on the orders of each child. Such a use, however, could easily have left the feoffees with active management activities (collecting rents, caring for minors until majority, allocating various legacies over a course of years from the profits of the lands), in which case, at least by the theory now entertained about the effect of the Statute of Uses, would not have been subject to the Statute of Uses and thus would have survived the statute.
(3) When a settlor established a use with the directive being the performance of his last will and testament and then did not make a will, after the settlor’s death the feoffees held for the use of the settlor’s heirs at law: the intestate heirs.
A major ambiguous point about this case is the involvement of Thomas Shawe, who challenged the inquisition post mortem. Thomas Shawe was the son and heir of the last surviving original feoffees to uses, and so he was the sole current feoffee to use. The heir of the settlor should have been 21 in 1535, but would still have been a minor in 1533, the date of the origin of the case in King’s Bench. Since 1533 was prior to the Statute of Uses, Shawe’s involvement at that point makes perfect sense, since the use would still have been effective. The judgment in the king’s bench case, however, does not issue until early in 1537, a date that is after both the apparent majority of the settlor’s heir (if he survived that long) and the Statute of Uses. The Statute of Uses should have ended Shawe’s legitimate involvement in the case, but did not. It is possible that Shawe, once involved in the litigation, was the only person who could carry it through to completion. There is no mention, even when the King’s Bench case in enrolled in the Exchequer rolls, that the person restored to possession would be the settlor’s heir; rather, the order remains that Shawe be restored to possession, even though the record makes clear that Shawe was only feoffee to hold for the use of Godfrey Foljambe, the grandson of the settlor. The problem may be trivial (the necessity to continue the name of the person who had raised the challenge to the inquisition post mortem originally) or it could be that something else was at work in the use that prevented the Statute of Uses from taking effect on this use.
[Margination]
England/Derbyshire. Concerning removing the king’s hand from divers messuages, lands, and tenements in Brampton and elsewhere in the county of Derby and restoring Thomas Shawe to his possession thereof.
[Writ received from the king ordering implementation of a king’s bench judgment on a challenge to an inquisition post mortem out of chancery]
The Lord King sent his writ under the foot of his seal directed to the treasurer and barons of this exchequer, the tenor of which certain writ follows in these words:
Henry VIII by the grace of God King of England and France, defender of the faith, lord of Ireland and on earth supreme head of the English church, to the treasurer and barons of our exchequer, greetings. We send enclosed under the foot of our seal to you from present causes the tenor of the record and process of the plea that is in our court before us between us and Thomas Shawe, son and heir of Henry Shawe concerning 3 messuages, 3 cottages, 3 crofts, 30 acres of land, 6 acres of meadow and 2 acres of pasture with appurtenances in Brampton and concerning 4 messuages, 4 messuages (sic), 50 acres of land, 14 acres of meadow, and 15 acres of pasture with appurtenances in Matlock and Bonsall and concerning 16 acres of pasture with appurtenances in Hope as well as concerning 2 messuages, 40 acres of land, 16 acres of meadow, and 20 acres of pasture with appurtenances in Over Haddon and also concerning 2 messuages, 20 acres of land and 20 acres of pasture with appurtenances in Heage in the county of Derby and which by a certain inquisition thereof at Derby in the abovesaid county on April 18 in the 23rd year of our reign [April 18, 1532] before German Pole, Richard Curson, armigers, and Henry Pole our commissioners by pretext of our commission directed to them and taken before them then and there and returned into our chancery among other things, as in the abovesaid tenor is more fully contained, ordering that, the abovesaid tenor having been inspected further, you make to be done that which rightfully and according to the law and custom of our realm of England should be done for the exoneration of the abovesaid Thomas Shawe, of the farmers and late farmers of the messuages, cottages, meadows, pastures, and lands abovesaid, and both of the now escheator and now sheriff and the late escheators and late sheriffs of the abovesaid county and of anyone else whatsoever. Tested by J. FitzJames at Westminster May 4 in the 29th year of our reign [May 4, 1537].
[Tenor of the King’s Bench Case on the Inquisition Post Mortem]
And the tenor of the record and process of the plea concerning which mention was made above in the abovesaid writ follows in these words:
Pleas before the lord King at Westminster in Trinity term in the 24th year [Trinity term, 1533] of the reign of King Henry VIII on the second membrane.
Memorandum that Thomas Audeley knight keeper of the great seal of the now lord king on Wednesday next after the octaves of Holy Trinity in that same term before the lord king at Westminster by his own hands delivered here in court a certain record had before the same lord king in his chancery in these words:
[Record of the Inquisition Post Mortem]
Pleas before the lord king in his chancery at Westminster in Easter term in the 24th years of the reign of King Henry VIII.
Derbyshire. It is found by a certain indented inquisition taken at Derby in the abovesaid county on April 18 in the 24th year of the reign of King Henry VIII before German Pole, Richard Curson, armigers, and Henry Pole then commissioners of the said lord king by virtue of a commission of the same lord king directed to them with other things and sewn to the said inquisition by the oath of Robert Revell, Robert Fitzherbert, Henry Boughton, Robert Shakersley of “Longesden,” gentlemen, George Jenny, John Hall of Duffield, Robert Moyson of Breadsall, William Higlyng of Langley, Robert Curteis of Dronfield, Robert Longesdon of Longstone, Thomas Aleyn of Lees, Henry Cokayn, armiger, and Robert Owtram that a certain Henry Fuliambe, armiger, was seised in his demesne as of fee of and in 16 messuages, 10 cottages, 8 tofts, 10 crofts, 100 acres of land, 120 acres of pasture, 30 acres of meadow and 20s. Of rent with appurtenances in Chesterfield in the abovesaid county as well as of and in 40 acres of land, 30 acres of meadow with appurtenances in Tapton in the abovesaid county, as well as of and in 3 messuages, 60 acres of land, 16 acres of meadow, 40 acres of pasture with appurtenances in Whittington in the abovesaid county as well as of and in [IMG 0176] 2 messuages, 40 acres of land, 10 acres of meadow and 20 acres of pasture with appurtenances in Nether Handley and Handley at “Parkeyate” in the abovesaid county, as well as of and in 10 messuages, 3 cottages, 3 crofts, 100 acres of land, 12 acres of meadow, 60 acres of pasture with appurtenances in Brampton in the abovesaid county, as well as of and in 3 messuages, 20 acres of land, 6 acres of meadow and 15 acres of pasture with appurtenances in Brimington in the abovesaid county, as well as of and in 3 messuages, 40 acres of land, 20 acres of meadow and 40 acres of pasture with appurtenances in Unstone and Summerley in the abovesaid county, as well as of and in one messuage, 40 acres of land, 12 acres of meadow, 20 acres of pasture with appurtenances in “Birchenet” in the abovesaid county, as well as of and in 4 messuages, 4 crofts, 50 acres of land, 14 acres of meadow, 15 acres of pasture with appurtenances in Matlock and Bonsall in the abovesaid county, as well as of and in one messuage, 5 acres of land with appurtenances in Beeley in the abovesaid county, as well as of and in 3 messuages, 1 cottage, 62 acres of land, 18 acres of pasture with appurtenances in Abney in the abovesaid county, as well as of and in 16 acres of pasture with appurtenances in Hope in the abovesaid county, as well as of and in 1 messuage, 20 acres of land 10 acres of meadow, 15 acres of pasture with appurtenances in “ Bradwey” in the abovesaid county, as well as of and in 1 messuage and 6 acres of land with appurtenances in Norton the abovesaid county, as well as of and in 1 toft and 12 acres of land 6 acres of meadow in Eckington in the abovesaid county in the abovesaid county, as well as of and in 1 messuage, 20 acres of land, 3 acres of meadow and 10 acres of pasture with appurtenances in Beighton in the abovesaid county, as well as of and in 1 messuage, 32 acres of land, 6 acres of meadow, 20 acres of pasture with appurtenances in Derby in the abovesaid county, as well as of and in 2 messuages, 40 acres of land, 16 acres of meadow and 20 acres of pasture with appurtenances in Over Haddon in the abovesaid county, as well as of and in 2 messuages, 40 acres of land, 20 acres of pasture with appurtenances in Heage in the abovesaid county,
and thus seised thereof by his charter, shown to the abovesaid jurors on the taking of the abovesaid inquisition in evidence, the date of which is [blank] day [blank] year of the reign of the lord Henry VII late king of England father of the now lord king, he enfeoffed Reginald Bray, Henry Vernon knight, John Sevyle knight, [blank] and Henry Shawe to have and to hold all the abovesaid messuages and other premises with their appurtenances to the aforementioned Reginald, Henry Vernon, John Sevyle, and [blank] Henry Shawe, their heirs and assigns in perpetuity by virtue of which the same Reginald, Henry Vernon, John Sevyle, [blank], and Henry Shawe were seised of and in the abovesaid messuages and other premises with their appurtenances in their demesne as of fee to the use of Henry Fuliambe and his heirs and to fulfill and perform thereof the last will and free disposition of the abovesaid Henry Fuliambe,
and afterwards the abovesaid Henry Fuliambe made his last will and by the same, among other things, he willed and declared that Henry Fuliambe son of that Henry would have one quarter of all the abovesaid messuages, lands, tenements, and other premises with appurtenances, to him and to his heirs male legitimately procreated from his body, and that Gilbert Fuliambe son of the abovesaid Henry father would have another quarter part of the abovesaid messuages and other premises with appurtenances to him and the heirs male legitimately procreated from his body, and [IMG 0177] that Thomas Fuliambe brother of the abovesaid Henry and Gilbert would have another quarter part to him and the heirs male legitimately procreated from his body, and that Roger Fuliambe son of the same Henry and brother of the abovesaid Henry, Gilbert, and Thomas would have another quarter of all the abovesaid messuages and other premises with appurtenances to him and the heirs male legitimately procreated from his body, and that Henry Fuliambe father further willed and declared that if it should happen any of the abovesaid Henry, Gilbert, Thomas, and Roger Fuliambe should die without heirs male legitimately procreated from his body, that then the part or parts of the one or ones who die without heirs male legitimately procreated from his body should remain to such of the abovesaid Henry, Gilbert, Thomas, and Roger Fuliambe who should survive with heirs male legitimately procreated from his or their bodies, and afterwards the abovesaid Henry Fuliambe father died,
and the abovesaid Henry Fuliambe son, Gilbert, and Thomas died without heir male legitimately procreated from their bodies, and the abovesaid Roger Fuliambe specified in the said commission survived them by reason of which the same Reginald Bray, Henry Vernon, John Sevyle [IMG 0627] and Henry Shawe were seised of and in all the abovesaid messuages, lands, tenements, and other premises with their appurtenances in their demesne as of fee to the use of the abovesaid Roger Fuliambe and the heirs male legitimately procreated from his body, and afterwards the abovesaid Reginald Bray, Henry Vernon, John Sevyle died and the abovesaid Henry Shaw survived them and was thereof alone seised by the right of increase to the abovesaid use and afterwards the abovesaid Henry Shaw died, after whose death all the abovesaid messuages, lands, tenements, and other premises with appurtenances descended to [blank] Shawe son and heir of the abovesaid Henry Shawe, by virtue of which [blank] Shawe son and heir of the abovesaid Henry Shawe entered in all the abovesaid messuages, lands, tenements, and other premises with their appurtenances and was and still is seised in his demesne as of fee to the abovesaid use, and that the abovesaid messuages, lands, tenements, and other premises with their appurtenances in Chesterfield and Tapton are held from George, earl of Shrewsbury as of his manor of Chesterfield abovesaid, but by what services the abovesaid jurors then were completely ignorant, and are worth by year beyond reprises £24 4s., and that the abovesaid messuages, lands, tenements, and other premises with appurtenances in Whittington abovesaid are held from Phillip Pole armiger as of his manor of Whittington but by what services the abovesaid jurors then were completely ignorant and they are worth by year beyond reprises £7 14s. and 8d., and that the abovesaid messuages and other premises in Nether Handley and Handley at “Parkeyate” are held of the lords of Staley by fealty and a rent of 13s. 4d. by year and they are worth by year in all issues beyond reprises 72s., and that the three messuages, 3 cottages, 3 crofts, 30 acres of land, 6 acres of meadow, and 12 acres of pasture parcel of the abovesaid lands and tenements in Brampton abovesaid are held of the honor of Peverell but by what services the abovesaid jurors were completely ignorant, and the residue of the abovesaid lands and tenements in Brampton abovesaid are held of George Lynegar gentleman, but by what services the abovesaid jurors then were completely ignorant and they are worth by year in all issues beyond reprises £9 6s. and 8d. and that the abovesaid messuages and other premises with their appurtenances in Brimington are held from the lords of Brimington in socage and are worth by year in all issues beyond reprises 46s. 8d., and that the abovesaid messuages and other premises with their appurtenances in Unstone and Summerley are held from Phillip Bullok, Robert Butterworth, and Bernard Belfeld by fealty and a rent of 8s. 8d. by year and are worth by year in all issues beyond reprises 52s. 4d., and that the abovesaid messuages and other premises with their appurtenances in “Byrshenet” abovesaid are held from the Abbot of Battle in chief but by what services the abovesaid jurors were then completely ignorant and are worth by year in all issues beyond reprises 40s., and that the abovesaid messuages and other premises with their appurtenances in Bonsall and Matlock abovesaid are held of the lord king as of the honor of Tutbury but by what services the abovesaid jurors then were completely ignorant and are worth in all issues beyond reprises 68s. 4d., and that the abovesaid messuages and other premises with their appurtenances in Beeley are held from the lord of Beeley and are worth by year beyond reprises 10s. And that the abovesaid messuages and other premises with appurtenances in Abney abovesaid are held of Nicholas Bagshawe in socage and are worth by year in all issues beyond reprises 102s. 4d., and that the abovesaid 16 acres of pasture in Hope abovesaid are held of the lord king as of his manor of High Peak but by what services the abovesaid jurors were then completely ignorant and are worth by year beyond reprises 36s. 4d., and that the abovesaid messuages and other premises with their appurtenances in “Bradwey” are held from the Abbot of Battle in chief, but by what services the abovesaid jurors were then completely ignorant and are worth by year in all issues beyond reprises 32s., and that the abovesaid messuages and other premises with appurtenances in Norton are held from the Abbot of Battle in chief but by what services the abovesaid jurors were then completely ignorant and are worth by year beyond reprises 10s., and that the abovesaid tofts and other premises with their appurtenances in Eckington abovesaid are held of [blank] Strangweys, armiger, as of his manor of Eckington but by what services the abovesaid jurors were then completely ignorant and are worth by year beyond reprises 20s. 6d., and that the abovesaid messuages and other premises with appurtenances in Wingerworth abovesaid are held from Richard Curson, [IMG 0628] armiger, as of his manor of Wingerworth by fealty and a rent of 9s. by year and are worth by year beyond reprises 26s. 8d., and that the abovesaid messuages and other premises with their appurtenances in Derby abovesaid are held of the Abbot of the monastery of Blessed Mary of Darley by fealty and a rent of 5s. by year and are worth by year beyond reprises 30s., and that the abovesaid messuages and other premises with their appurtenances in Over Haddon abovesaid are held of the lord king in socage and are worth by year in all issues beyond reprises 66s. 8d., and that the abovesaid messuage and other premises with their appurtenances in Heage abovesaid are held from the lord king in socage and are worth by year in all issues beyond reprises 30s., and that the abovesaid Roger Fuliambe did not have or hold any other or many manors, lands, tenements in the abovesaid county from the lord king in chief or otherwise or of anyone else, nor were any others seised to his use of any other manors, lands, or tenements in the abovesaid county on the day he died and that the abovesaid Roger Fuliambe died on January 22 in the 18th year of the now lord king [Jan. 22, 1527] and that Godfrey Fuliambe is the son and heir of the said Roger and was 19 years old on April 10 last past, as is more fully contained in that inquisition remaining here in the court of record,
[The King’s Bench case challenging the findings of the Inquisition Post Mortem]
And now, scilt., May 8 in this Easter term in the 24th year of the reign of the said now lord king [May 8, 1532] before the same lord king in his chancery abovesaid comes a certain Thomas Shawe son and heir of the said Henry Shawe named in the abovesaid inquisition by Richard Welles his attorney and seeks oyer of the same inquisition and it is read to him. After it was read and understood by him, the same Thomas complains that all and singular the messuages, lands, tenements, and other premises with their appurtenances named in the abovesaid inquisition taken into the hands of the same now lord king by color of the same inquisition are held in the hands of the said now lord king by color of the same inquisition from his possession thereof and this less justly,
because, protesting that the abovesaid inquisition and the matters contained and specified in the same inquisition are less sufficient in law to which he has no need and is not bound by the law of the land to answer, for a plea nevertheless the same Thomas Shawe says that it is true that the aforenamed Henry Fuliambe, armiger, father named in the said inquisition was seised in his demesne as of fee of and in all and singular the abovesaid messuages, lands, tenements, and other premises with their appurtenances specified in the same inquisition, and the same Henry thus of and in the same premises being seised, held the abovesaid 3 messuages, 3 cottages, 3 tofts, 30 acres of land, 6 acres of meadow and 12 acres of pasture with appurtenances parcel of the said lands and tenements in Brampton abovesaid specified in the said inquisition from George Lynacre gentleman as of his manor of Brampton in the abovesaid county by fealty and a rent of 4s. 9d. by year for all services and held the abovesaid 4 messuages, 4 crofts, 50 acres of land, 14 acres of meadow and 15 acres of pasture with appurtenances in Matlock and Bonsall abovesaid also specified in the same inquisition from the said now lord king as of his manor of Wirksworth parcel of the Duchy of Lancaster by fealty and a rent of 12s. by year and suit of court of the said lord king of the abovesaid manor for all services, and also held the abovesaid one messuage, 5 acres of land with appurtenances in Beeley abovesaid similarly specified in the said inquisition from Thomas Vaux lord Harrowden as of his manor of Beeley by fealty and a rent of 4s. by year for all services, and held as well the abovesaid 16 acres of pasture with appurtenances in Hope abovesaid in the abovesaid county specified also in the said inquisition from the aforementioned lord king as of his castle or manor of High Peak parcel of the said Duchy of Lancaster by fealty and a rent of 4s. by year and suit to the court of tenants at the abovesaid castle for all services, and also held the two messuages, 40 acres of land, 16 acres of meadow, and 20 acres of pasture with appurtenances in Over Haddon abovesaid similarly specified in the said inquisition from the said lord king as of his abovesaid castle or manor of High Peak [IMG 0178] parcel of the Duchy of Lancaster by a rent of 12d. by year for all services, and moreover held the abovesaid two messuages, 20 acres of land and 20 acres of pasture with appurtenances in Heage also specified in the same inquisition from the said lord king as of his manor of Duffield parcel of his Duchy of Lancaster by a rent of 6s. by year and suit to the court of the manor abovesaid for all services, and that the same Henry Fuliambe father being seised of the messuages, lands, and tenements abovesaid and the other premises with appurtenances specified in the said inquisition in the form abovesaid by his said charter shown to the court here, the date of which is August 28 in the 16th year of the abovesaid reign of the late King Henry VII [August 28, 1500] thereof enfeoffed the aforementioned Reginald Bray, Henry Vernon knight, John Sevyle knight, Henry Shawe and the certain Thomas Ashton knight, Robert Parker, John Tyddeswell, and John Pypes chaplains to have and to hold all the abovesaid messuages, lands, tenements, and other premises with appurtenances specified in the same inquisition, to the aforementioned Reginald, Henry Vernon, John Sevyle, Henry Shawe, Thomas Ashton, Robert Parkar, John Tyddeswell, and John Pipes, their heirs and assigns in perpetuity to the use of the said Henry Fuliambe father and his heirs and to fulfill his last will thereof as is more fully contained in the same charter, by virtue of which the same Reginald, Henry Vernon, John Sevyle, Henry Shawe, Thomas Ashton, Robert Parkar, John Tyddeswell, and John Pipes were seised of and in all the abovesaid messuages, lands, and tenements and other premises with appurtenances to the same use, and, they thus being seised thereof, the aforementioned Henry Fuliambe armiger on May 6 in the 19th year of the reign of the said late King Henry VII [May 6, 1504] at Walton in the abovesaid county died, any will by the same Henry Fuliambe father concerning the messuages, lands, and tenements abovesaid and the other premises with appurtenances specified in the said inquisition or concerning any parcel not at all made, ordained, or declared, whereby the use of the same messuages, lands, and tenements and other premises with appurtenances specified in the same inquisition descended to Godfrey Fuliambe knight then being of the full age of 21 years as to son and heir of that Henry Fuliambe father, by virtue of which the aforementioned Reginald Bray, Henry Vernon, John Sevyle, Henry Shawe, Thomas Ashton, Robert Parker, John Tyddeswell, and John Pipes were seised of and in all the abovesaid messuages, lands, tenements, and other premises with appurtenances specified in the abovesaid inquisition in their demesne as of fee to the use of the said Godfrey Fuliambe knight and his heirs, and they being thus seised, the same Reginald, Henry Vernon, John Sevyle, Thomas Ashton, Robert Parkar, John Tyddeswell, and John Pipes died seised of such estate thereof and the aforementioned Henry Shawe survived the same Reginald, Henry Vernon, John Sevyle, Thomas, Robert, John, and John Pipes, and he held onto all the messuages, lands, and tenements abovesaid and the other premises with appurtenances specified in the said inquisition, and thereof was alone seised in his demesne as of fee to the abovesaid use by the right of increase, and, he thus being seised of such estate thereof, he died seised, after whose death all the messuages, lands, tenements, and other premises with appurtenances descended to the aforementioned Thomas Shaw now appearing as to son and heir of the same Henry Shaw, by virtue of which the same Thomas Shaw entered on the messuages, lands, and tenements abovesaid and the other premises with appurtenances and was thereof seised in his demesne as of fee to the abovesaid use, and that he was removed and expelled from his possession thereof by color of the abovesaid inquisition, without this that the abovesaid 3 messuages, 3 cottages, 3 crofts, 30 acres of land, 6 acres of meadow, and 12 acres of pasture with appurtenances parcel of the messuages, lands, and tenements abovesaid in the abovesaid Brampton in the abovesaid county or any parcel thereof was held or at the time of the taking of the abovesaid inquisition was or were held from the aforementioned now lord king as of the said honor of Peverell by military service or otherwise immediately in manner and form as is supposed and was found by the abovesaid inquisition above, and without this that the abovesaid 4 messuages, 4 crofts, 50 acres of land, 14 acres of meadow and 15 acres of pasture with appurtenances in Matlock and Bonsall abovesaid similarly specified in the said inquisition are held or any parcel thereof is held or at the said time of the taking of the same inquisition were or was held from the said now lord king as of his said honor of Tutbury parcel of his Duchy [IMG 0179] of Lancaster by military service in manner and form as is also supposed by the same inquisition, and without this that the abovesaid messuage, 5 acres of land with appurtenances in Beeley abovesaid also specified in the same inquisition are held or any parcel thereof is held or at the time of the taking of the abovesaid inquisition was or were held from the same now lord king by military service or otherwise immediately or that the same lord king now is or at the time of the taking of the abovesaid inquisition was lord of Beeley abovesaid in manner and form as by the same inquisition is also supposed, and without this that the abovesaid 16 acres of pasture with appurtenances in Hope abovesaid similarly specified in the said inquisition are held or any parcel thereof is held or at the said time of the taking of the abovesaid inquisition was or were held of the said now lord king as of his abovesaid manor of High Peak by military service in manner and form as by the abovesaid inquisition similarly is supposed, and without this that the abovesaid messuages and other premises with appurtenances in Over Haddon and Heage abovesaid are held or any parcel thereof or at the said time of the taking of the abovesaid inquisition was or were held said now lord king in chief or otherwise by military service as is also supposed by the abovesaid inquisition, and without this that there is had or ever was had any record except the record of the abovesaid inquisition whereby it could appear that the abovesaid 3 messuages, 3 cottages, 3 crofts, 30 acres of land, 6 acres of meadow, and 12 acres of pasture parcel of the abovesaid lands and tenements in Brampton abovesaid were held or any parcel thereof was held or at the said time of the taking of the abovesaid inquisition was or were held from the same now lord king as of his honor of Peverell by military service or otherwise immediately or that the abovesaid 4 messuages, 4 crofts, 50 acres of land, 14 acres of meadow and 15 acres of pasture with appurtenances in Matlock and Bonsall abovesaid were held or any parcel thereof is held or at the said time of the taking of the abovesaid inquisition was or were held from the said now lord king as of his said honor of Tutbury by military service or that the same now lord king is or at the said time of the taking of the abovesaid inquisition was the lord of Beeley abovesaid or that the abovesaid 16 acres of pasture with appurtenances in Hope abovesaid specified in the said inquisition were held or any parcel thereof was held or at the said time of the taking of the abovesaid inquisition was or were held from the same lord king now as of his abovesaid manor of High Peak by military service or that the abovesaid messuages and other premises with appurtenances in Over Haddon and Heage abovesaid were held or any parcel thereof was held or at the time of the taking of the abovesaid inquisition [IMG 0180] was or were held of the said now lord king in chief or otherwise by military service in the manner and form as is supposed was found above by the abovesaid inquisition, and without this that the aforementioned Henry Fuliambe father declared and made his last will concerning the premises or any parcel thereof in the manner and form as by the abovesaid inquisition it was also found, and without this that there was had or there was ever had any record except the record of the abovesaid inquisition whereby it could appear that the aforementioned Henry Fuliambe made or declared his last will concerning the premises in the manner and form as by [IMG 0629] the abovesaid inquisition it was found, which all and singular that Thomas Shawe is ready to verify as the court etc., wherefore he does not understand that the said now lord king wants to implead or bother him of or on the premises further, and he seeks his judgment that the hand of the said now lord king be removed from his possession of the messuages, lands, and tenements abovesaid and of other premises with appurtenances specified in the said inquisition and that he be restored to his possession of the same messuages, lands, and tenements and of the other premises with appurtenances together with the issues and profits arising thereof from the said time of the death of the aforementioned Roger Fuliambe specified in the said inquisition up to this time.
And Christofer Hales attorney general of the lord king who follows for the same lord king, not acknowledging anything alleged by the aforementioned Thomas Shawe to be true, for the same lord king says that the abovesaid 3 messuages, 3 cottages, 3 crofts, 30 acres of land, 6 acres of meadow and 12 acres of pasture with appurtenances parcel of the said lands and tenements in Brampton abovesaid are held and at the said time of the taking of the abovesaid inquisition were held from the aforementioned now lord king in chief as of the said honor of Peverell, and that the said 4 messuages, 4 crofts, 50 acres of land, 14 acres of meadow and 15 acres of pasture with appurtenances in Matlock and Bonsall abovesaid are held and at the said time of the taking of the abovesaid inquisition were held from the said now lord king as of his abovesaid honor of Tutbury by military service, as well as that the said 16 acres of pasture with appurtenances in Hope abovesaid are held and at the time of the taking of the same inquisition were held from the same now lord king as of his abovesaid manor of High Peak by military service, and also that the same now lord king is and at the abovesaid time of the taking of the beforesaid inquisition was the lord of Beeley abovesaid, as well as that the abovesaid 2 messuages, 40 acres of land, 16 acres of meadow and 20 acres of pasture with appurtenances in Heage abovesaid in the abovesaid county are held and at the abovesaid time of the taking of the inquisition abovesaid were held from the abovesaid now lord king by military service in manner and form as by the abovesaid inquisition it is supposed and was found above, and also that the aforementioned Henry Fuliambe armiger father made, ordained, and declared his last will concerning the messuages, lands, and tenements abovesaid and the other premises with appurtenances specified in the said inquisition in the manner and form found and discovered in the same inquisition, and this he seeks for the same now lord king that it be inquired thereof by the countryside. And the aforementioned Thomas Shaw says as he had said before and seeks similarly. Therefore day is given to him before the aforementioned lord king on the octaves of Holy Trinity wherever he should then be in England to do and receive that which should be just in the premises, and it is ordered to the sheriff of Derbyshire that he should make to come before the same lord king at that day 24 both knights and other prudent and lawful men of the view of Brampton, Matlock, Bonsall, Hope, Over Haddon, and Heage who touch Thomas Shaw by no affinity to recognize on their oath more fully the truth on the premises etc. At which certain Octaves of Holy Trinity in that same term before the same lord king at Westminster came the abovesaid Thomas Shawe by Thomas Skrymsher his attorney, and the sheriff did not send here the writ thereof. Therefore as before let come thereof a jury before the lord king on the Octaves of St. Michael wherever etc., and who etc., to recognize etc., because etc. The same day is given both to the aforementioned Christofer Hales who follows etc., and to the aforementioned Thomas Shawe etc. At which certain Octaves of St. Michael before the lord king at Westminster came the aforementioned Thomas Shawe by his abovesaid attorney, and the sheriff returned the names of 24 jurors, of whom none etc. Therefore it is ordered to the sheriff that he not omit etc., rather he should distrain them by all their lands etc., and that of the issues etc., and that he have their bodies before the lord king on the Octaves of St. Hilary wherever etc., to make the abovesaid jury etc. The same day is given both to the aforementioned Christofer Hales who follows etc., and to the aforementioned Thomas Shawe etc. And process having been continued thereof by juries put thereof in respite before the lord king until the Octaves of St. Michael in the 28th year of the reign of the now lord king [1536] unless the justices of the lord king at the assizes etc., before, on the Wednesday next after the feast of St. James the Apostle at Derby in the county abovesaid by form of the statute etc., before then should come, by default of the jurors etc. Before which day the abovesaid plea by writ of the now lord king concerning a common adjournment [IMG 0630] was adjourned until the morrow of All Saints then next following wherever etc. At which certain morrow of All Saints before the lord king at Westminster came the abovesaid Thomas Shawe son and heir of Henry Shawe by his abovesaid attorney and the aforementioned justices of the lord king at the assizes before whom etc., sent here their record had before them in these words:
[Postea with jury verdict in King’s Bench case]
Afterwards on the day and place contained within before Anthony Fitzherbert knight and John Jenour and Walter Luke knight justices of the lord king associated to the same Anthony assigned by the form of the statute etc to take the assizes in the county of Derby this time, the presence of abovesaid Walter not awaited, by virtue of the writ of the lord king si non omnes came the withinnamed Thomas Shawe son in his proper person, and the jurors of the jury whereof mention is made within, exacted, came. Thereon, public proclamation for the lord king having been as is the custom that if there is anyone who wants to inform the aforementioned justices or the serjeants at law of the lord king or the attorney of the same lord king concerning the withincontained matters, he should come and be heard, no one appeared to do so, whereby it was proceeded to the taking of the jury abovesaid by the jurors thereof now appearing, who, chosen, tried, and sworn to tell the truth concerning the withincontained matters, say on their oath that the withinwritten 3 messuages, 3 cottages, 3 crofts, 30 acres of land, 6 acres of meadow, 12 acres of pasture with appurtenances parcel of the withinspecified lands and tenements in Brampton withinwritten are not held nor at the tiime off the taking of the withinwritten inquisition were held of the now lord king in chief as of his honor of Peverell withinspecified, but they say on their oath that the same tenements with appurtenances are held from the withinwritten George Lynakre as of his withinspecified manor of Brampton in the withinwritten county by fealty and a rent of 4s. 9d. by year for all services, and they also say on their oath that the withinwritten 4 messuages, 4 crofts, 50 acres of land, 14 acres of meadow, and 15 acres of pasture with appurtenances in Matlock and Bonall withinwritten are not held nor at the time of the taking of the withinwritten inquisition were held from the said lord king as of his honor of Tutbury withinwritten by military service, but they say on their oath that the same tenements with appurtenances are held from the now lord king as of his manor of Wirksworth withinwritten parcel of his Duchy of Lancaster by fealty and a rent of 12s. by year and suit to the court of said lord king of the abovesaid manor for all services, and also they say on their oath that the withinspecified 16 acres of pasture with appurtenances in Hope withinwritten are not held nor at the time of the taking of the abovesaid inquisition were held from the said now lord king as of his manor of High Peak by military service, but they say on their oath [IMG 0181] that the same 16 acres of pasture with appurtenances in Hope abovesaid are held from the said now lord king as of his castle or manor of High Peak abovesaid parcel of the Duchy of Lancaster by fealty and a rent of 4s. by year and suit to the court held at the castle abovesaid for all services, and also they say on their oath that the now lord king is not nor at the time of the taking of the abovesaid inquisition was lord of Beeley withinwritten and that the withinwritten 2 messuages, 40 acres of land, 16 acres of meadow, and 20 acres of pasture with appurtenances in Over Haddon specified within and the withinwritten 2 messuages, 20 acres of land and 20 acres of pasture with appurtenances in Heage specified within in the withinwritten county are not held nor at the said time of the taking of the abovesaid inquisition were held from the now lord king by military service, but they say on their oath that the abovesaid two messuages, 40 acres of land, 16 acres of meadow, and 20 acres of pasture with appurtenances in Over Haddon abovesaid are held from the now lord king as of his abovesaid castle or manor of High Peak parcel of the Duchy of Lancaster by the service of 12d. by year for all services, and that the abovesaid 2 messuages, 20 acres of land, and 20 acres of pasture with appurtenances in Heage abovesaid are held from the said lord king as of his manor of Duffield parcel of the Duchy of Lancaster by a rent of 6s. by year and suit to the court of the manor abovesaid for all services, and also they say on their oath that the withinwritten Henry Fuliambe father did not make, ordain, or declare his will concerning the messuages, lands, and tenements withinwritten and the other premises with appurtenances, and being thus seised by his charter specified within he thereof enfeoffed the withinwritten Reginald Bray, Henry Vernon knight, John Sevyle knight, Henry Shawe, and the certain Thomas Ashton knight, Robert Parkar, John Tyddeswell, and John Pipes chaplains to have and to hold all the abovesaid messuages, lands, tenements, and other premises with appurtenances specified in the withinwritten inquisition to the same Reginald, Henry, John, Henry, Thomas, Robert, John, and John, their heirs and assigns in perpetuity to the use of the abovesaid Henry Fuliambe father and his heirs and to fulfill his last will thereof as the abovesaid Thomas Shawe son within alleged. Therefore etc.
Thereon the abovesaid Thomas Shawe as before seeks judgment. And because the court here is not yet advised to render judgment, therefore day is given both to John Baker attorney general of the king who now follows for the same lord king etc., and to the aforementioned Thomas Shawe in the present state before the lord king until on the Octaves of St. Hilary wherever etc., to hear the judgment thereof etc. At which certain Octaves of St. Hilary before the lord king at Westminster came the abovesaid Thomas Shaw by his abovesaid attorney, and as before he seeks judgment etc. Thereon, all and singular the premises having been seen and understood by the court here and the serjeants at law of the lord king and the attorney of the same king called together and being present, it is considered that the hands of the said now lord king be removed from the same king’s possession of the messuages, lands, and tenements abovesaid and of the other premises with appurtenances specified in the said inquisition, and that he be restored to his possession of the same messuages, lands, and tenements and other premises with appurtenances together with the issues and profits thereof arising from the said time of the death of the aforementioned Roger Fuliambe named in the said inquisition until now, and saving always the right of the king if etc.