AALT Home             The Statute of Uses before the Statute of Wills


Gregory Waren v. Thomas twyng: Michaelmas term, 1538, Court of Common Pleas



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Warning: The scribe for this enrollment had a significant problem with the names: Gregory or George, Twyng or Twynne, and the substitution of Bulkeley and his wife for Twynn/Twyng at the end.


Hypothetical Reconstruction: The key to the social situation behind this case must rest with John Bulkeley’s wife. When he claimed the land it was as his wife’s right. She was probably related in some way to the opposition’s chain of title, perhaps as a descendant of John Dardes.


This case and the Statute of Uses:

         The case is interesting because it not only cites but relates the Statute of Uses. The particular application of the Statute of Uses, however, was not complicated: the beneficiary of a use’s fee simple interest became a tenant in fee simple at common law. The use created prior to the Statute of Uses does also demonstrate the common practice of the settlor who also becomes beneficiary also serving as one of the feoffees to uses; the presence of the settlor/beneficiary as a feoffee would reduce the necessity for court enforcement.


[IMG 0517] Hertfordshire. Gregory Waren in his proper person seeks against Thomas Twyng half of one messuage with appurtenances in Watton-at-Stone of which the abovesaid Thomas unjustly and without judgment disseised the abovesaid Gregory after the first [etc.] And whereof he says that he himself was seised of half of the abovesaid messuage with appurtenances in his demesne as of fee and right in time of peace in the time of the now lord king by taking thereof esplees to the value etc., and of which etc., and thereof he produces suit etc.


         And the abovesaid Thomas Twyng by Thomas Gold his attorney comes and defends his right when etc., and as to half of the half messuage abovesaid with appurtenances the same Thomas says that he did not disseise the aforementioned Gregory of the same half of the abovesaid half with appurtenances as the same Gregory by his writ and narration abovesaid supposes, and of this he puts himself on the countryside. And the abovesaid Gregory similarly. And as to the rest of the half messuage abovesaid with appurtenances sought above against him, the same Thomas says that the abovesaid George (sic) ought not have his abovesaid action against him, because he says that a certain John Bulkeley was seised of the same residue of the half messuage abovesaid with appurtenances in his demesne as of fee and thus seised thereof a certain fine was levied in the court of the lord king at Westminster, scilt., at one month after Easter in the 21st year of the reign of same now lord king [1529] before Robert Brudenell, Richard Broke, Anthony Fitzherbert, Thomas Englefeld, and William Shelley then justices and other faithfuls of the same now lord king then present there between a certain John Taylor plaintiff and the abovesaid John Bulkeley and Margaret his wife deforciants concerning the said residue of the half messuage abovesaid with appurtenances among other things by the names of 2 messuages, 10 acres of land, 2 acres of meadow, 4 acres of pasture, and 6 acres of woods with appurtenances in Watton-at-Stone whereof a plea of covenant had been summoned between them in the same court, scilt., that the abovesaid John Bulkeley and Margaret recognized the abovesaid tenements with appurtenances to be the right of the abovesaid John Taylour as those that the same John had from the gift of the abovesaid John Bulkeley and Margaret and remitted and quitclaimed them from the same John Bulkeley and Margaret and the heirs of the same Margaret to the abovesaid John Taylour and his heirs in perpetuity; and afterwards the same John Bulkeley and Margaret granted for themselves and the heirs of the same Margaret that they would warrant to the abovesaid John Taylour and his heirs the abovesaid tenements with appurtenances against all men in perpetuity; and further the same Thomas says that on the abovesaid fine, warranty, and concord proclamations were made publicly and solemnly according to the form of the statute promulgated and provided in this manner case, viz., the first proclamation was made before the same late justices at Westminster in the county of Middlesex on May 3 in the Easter term in the 21st year of the right of the said now lord king (1529), [IMG 0518] the second proclamation was made on May 5 in the same term, the third proclamation was made on May 8 in the same term, the fourth proclamation was made on May 10 in the same term, the fifth proclamation was made on June 6 in Trinity term in the abovesaid 21st year, the sixth proclamation was made June 8 in the same term, the seventh proclamation was made June 10, the eighth proclamation was June 12 in the same term, the ninth proclamation was made November 20 in Michaelmas term in the abovesaid 21st year, the tenth proclamation was made on November 24 in the same term, the eleventh proclamation was made on November 26 in the same term, the twelfth proclamation was made on November 29 in the same term, the thirteenth proclamation was made on February 5 in Hilary term in the 21st year [1530], the fourteenth proclamation was made on February 7 in the same term, the fifteenth proclamation was made on February 9 in the same term, the sixteenth proclamation was made on February 12 in the same Hilary term. And the same Thomas says that at the time of levying and of the abovesaid proclamations all pleas in the same lord king’s court ceased according to the form of the abovesaid statute. And further the same Thomas says that the abovesaid George (sic) at the time of the levying of the abovesaid fine was fully of 21 years of age and more, of sound mind and healthy memory, and at large outside any prison whatsoever and within the four seas and that the abovesaid Gregory did not prosecute any title, claim or interest to the abovesaid residue of the abovesaid half specified in the abovesaid fine by action or legitimate entry within five years immediately after the abovesaid proclamations made and had in the abovesaid form. And further the same Thomas says that the abovesaid fine in the form abovesaid was levied to the use of the abovesaid John Taylour and his heirs, [IMG 1286] by pretext of which certain fine the same John Taylour was seised of the abovesaid residue of the abovesaid half with appurtenances in his demesne as of fee, the estate of which certain John Taylour of and in the same residue of the abovesaid half with appurtenances the same Thomas Twyn now has and at the abovesaid time at which etc., had in the same. And the abovesaid Gregory, claiming the abovesaid residue of the abovesaid half with appurtenances by color of a certain charter of demise made to him thereof for the term of his life by the abovesaid John Taylour whereas nothing of the same residue of the abovesaid half with appurtenances ever transferred into the possession of that George (sic) by that charter, entered onto the abovesaid residue of the abovesaid half with appurtenances, on the possession of which certain Gregory thereof the same Thomas Twyn afterwards re-entered onto the abovesaid residue of the abovesaid half with appurtenances as well he might. And this he is prepared to verify, wherefore he seeks judgment if the abovesaid Gregory ought to have his abovesaid action against him etc.


         And the abovesaid Gregory says that he ought not to be precluded from having his abovesaid action concerning the abovesaid residue of the half of the abovesaid messuage with appurtenances by anything alleged before, because he says that before the abovesaid John Bulkeley had anything in the same residue of the abovesaid half with appurtenances, a certain John Dardes was seised of the abovesaid whole half of the abovesaid messuage with appurtenances in his demesne as of fee, and thus seised thereof in the same whole half of the abovesaid messuage with appurtenances he enfeoffed the certain Thomas Blake, Thomas Knyghton, Thomas Howe, and Gregory Waren to have to them and their heirs in perpetuity to the use of the abovesaid Thomas Blake and his heirs, by virtue of which feoffment the same Thomas Blake, Thomas Knyghton, Thomas Howe, and Gregory were seised of the same whole half of the abovesaid messuage with appurtenances in their demesne as of fee to the same use until the abovesaid John Bulkeley unjustly and without judgment disseised those Thomas Blake, Thomas Knyghton, Thomas Howe, and Gregory from the abovesaid whole half of the abovesaid messuage, whereby the abovesaid John Bulkeley was seised of the abovesaid whole half of the abovesaid messuage with appurtenances in his demesne as of fee by disseisin etc., and thus seised thereof by that disseisin etc., he levied the abovesaid fine in the abovesaid court of the lord king at Westminster, scilt., at one month from Easter in the abovesaid 21st year of the same lord king before the aforementioned Robert Brudenell, Richard Broke, Anthony Fitzherbert, Thomas Englefeld, and William Sheeley then justices and other faithfuls of the said lord king then present there between the abovesaid John Taylour plaintiff and the aforementioned John Bulkeley and Margaret his wife deforciant concerning the abovesaid tenements with appurtenances specified in the abovesaid bar, wherefore the plea of covenant was summoned between them in the same court, scilt., that the abovesaid John Bulkeley and Margaret his wife recognized the abovesaid tenements with appurtenances to be the right of the same John Taylour as those that the same John Taylour had from the gift of the abovesaid John Bulkeley and Margaret and they remitted and quitclaimed them from those John Bulkeley and Margaret and the heirs of that Margaret to the aforementioned John Taylour and his heirs in perpetuity, and particularly the same John Bulkeley and Margaret granted for themselves and the heirs of that Margaret that they would warrant to the abovesaid John Taylour and his heirs the abovesaid tenements with appurtenances against all men in perpetuity, which certain fine had and levied was to the use of the abovesaid John Taylour and his heirs, whereby the same John Taylour was seised of the abovesaid whole half of the abovesaid messuage with appurtenances in his demesne as of fee by virtue of the abovesaid fine, [IMG 1287] and thus seised thereof of the same whole half of the abovesaid messuage with appurtenances he enfeoffed the abovesaid Thomas Twynne to have to him and his heirs in perpetuity, by virtue of which feoffment the same Thomas Twyn was seised thereof in his demesne as of fee, on the possession of which certain Thomas Twyn thereof the abovesaid Thomas Blake, Thomas Knyghton, Thomas Howe, and Gregory within the abovesaid five years after the abovesaid fine was levied, scilt., on June 20 in the 25th year of the reign of the now lord king [June 20, 1533], re-entered on the abovesaid whole half of the abovesaid messuage with appurtenances and were thereof seised in their demesne as of fee to the use of the abovesaid Thomas Blake and his heirs, and the same Thomas Blake, Thomas Knyghton, Thomas Howe, and Gregory being seised of the same whole half of the abovesaid messuage with appurtenances to the use of the abovesaid Thomas Blake and his heirs in the abovesaid form by a certain act in the Parliament of the now lord king at London begun on November 3 in the 21st year of his reign and thence to and until Westminster in the county of Middlesex adjourned and prorogued and there held by divers prorogations continued and prorogued to and until February 4 in the 27th year of the reign of the said lord king [IMG 0519] and there on the same February 4 it was promulgated and enacted by the now lord king from the assent of the lords spiritual and temporal and of 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 making of the same act in the abovesaid 27th year stand seised or after the making of that act 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 any other means whatsoever that in whatsoever case of this kind all person or persons and bodies politic that at the said time of the making of the abovesaid act had or after the making of the same act should have any use of this kind or confidence in fee simple, fee tail, for term of life or of years or otherwise at any use or any confidence in remainder or reversion should thenceforth thereafter stand and be seised and adjudged in lawful seisin, estate, and possession of and in the same honors, castles, manors, lands, tenements, rents, services, reversions, remainders, and hereditaments with their appurtenances to all intents and constructions in law of and in suchlike estates as they had before the abovesaid act promulgated or would have after the making of the abovesaid act 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 were in beforetimes or would be after the making of that act seised of such lands, tenements, or hereditaments to the use or confidence of any person or persons of this kind or of any body politic from the said time of this act promulgated shall be adjudicated in him or them who at the same time of the making of the abovesaid act had or after the making of that act would have such use or confidence according to this manner quality, means, form, and condition as they had before in or at the use or confidence that were in them as in the same act in the said 27th year promulgated is more fully contained; by pretext of which act, the abovesaid Thomas Blake was seised of the abovesaid whole half of the abovesaid messuage with appurtenances in his demesne as of fee until the abovesaid Thomas Twynne unjustly and without judgment disseised that Thomas Blake of the same whole half of the abovesaid messuage with appurtenances, whereby the same Thomas Twynne was thereof seised in his demesne as of fee by disseisin etc., and thus seised thereof by that disseisin etc., the abovesaid Thomas Blake afterwards died; after whose death the right of the abovesaid whole half of the abovesaid messuage [IMG 0520] with appurtenances descended to the same Gregory Waren as to cousin and heir of the abovesaid Thomas Blake, viz., as to the son of Sibil sister of the abovesaid Thomas Blake, whereby the same Gregory re-entered onto the abovesaid whole half of the abovesaid messuage with appurtenances on the possession of the abovesaid Thomas Twynne thereof and was thereof seised in his demesne as of fee until the abovesaid Thomas Twynne unjustly and without judgment disseised the same Gregory as he by writ and narration above supposes. And this he is ready to verify, wherefore he seeks judgment and the seisin of the abovesaid residue of the half of the abovesaid messuage with appurtenances together with his damages by occasion of that disseisin be adjudicated to him etc.


         [IMG 1288] And the abovesaid Thomas Twynne, protesting that he does not acknowledge anything in the abovesaid replication specified above to be true, for a plea as before says that the abovesaid John Bulkeley was seised of the abovesaid residue of the abovesaid half messuage with appurtenances in his demesne as of fee and thus seised thereof the abovesaid fine was levied in the abovesaid court of the now lord king at Westminster, scilt., at a month after Easter in the 21st year of the reign of the said now lord king before the aforementioned Robert Brudenell, Richard Broke, Anthony Fitzherbert, Thomas Englefeld, and William Shelley justice and other faithfuls of the said now lord king then present there between John Taylour plaintiff and the abovesaid John Bulkeley and Margaret his wife deforciants of the abovesaid residue of the half of the abovesaid messuage with appurtenances among other things by names of 2 messuages, 10 acres of land, 2 acres of meadow, 4 acres of pasture, and 5 acres of woods with appurtenances in Watton-at-Stone whereof a plea of covenant had been summoned between them in the same court, scilt., that the abovesaid John Bulkeley and Margaret recognized the abovesaid tenements with appurtenances to be the right of the abovesaid John Taylour as those that the same John had from the gift of the abovesaid John Bulkeley and Margaret, and they remitted and quitclaimed them from the abovesaid John Bulkeley and Margaret and the heirs of the same Margaret to the abovesaid John Taylour and his heirs in perpetuity, and particularly the same John Bulkeley and Margaret granted for themselves and the heirs of that Margaret that they would warrant to the abovesaid John Taylour and his heirs the abovesaid tenements with appurtenances against all men in perpetuity; and further the same Thomas Twynne says that on the fine, warranty, and concord abovesaid , the proclamations were made according to the form of the statute in this manner promulgated and provided, viz., the first proclamation was made before the same late justices at Westminster in the county of Middlesex on May 3 in Easter term in the 21st year off the reign of the said now lord king [and on as before through all 16 proclamations]; [IMG 1289] and the same Thomas Twynne says that at the times of levying and of the abovesaid proclamations all pleas in the same court of the now lord king ceased according to the form of the statute abovesaid; and further the same Thomas Twynne says that the abovesaid Gregory at the time of the levying of the fine abovesaid was of the full age of 21 years and more, competent of mind, of healthy memory, outside of whatsoever prison, and within the abovesaid four seas, and that the abovesaid Gregory did not prosecute any title, claim, or interest to that half of the residue specified in the fine by action or legitimate entry within the five years immediately after the abovesaid [IMG 0521] proclamations made and had in the abovesaid form; and further the same Thomas Twynne says that the abovesaid fine was levied to the use of the abovesaid John Taylour and his heirs, by pretext of which fine the same John Taylour was seised of the residue of the abovesaid half with appurtenances in his demesne as of fee, the estate of which certain John Taylour thereof the same Thomas Twynne now has in the same, as he above alleged, without this that the abovesaid John Bulkeley disseised the abovesaid Thomas Blake, Thomas Knyghton, Thomas Howe, and Gregory concerning the abovesaid half of the abovesaid messuage with appurtenances as the abovesaid Gregory above alleged, and this he is prepared to verify, wherefore he seeks judgment and the abovesaid Gregory be precluded from having his abovesaid action thereof against him etc.

         And the abovesaid Gregory as before says that the abovesaid John Bulkeley disseised the abovesaid Thomas Blake, Thomas Knyghton, Thomas Howe, and Gregory concerning the abovesaid half of the messuage abovesaid with appurtenances as he alleged above. And he seeks that this be inquired by the countryside. And the abovesaid John Bulkeley and Margaret (sic: should be Thomas Twynne) similarly. And as to trying both that issue and the abovesaid other issue above joined, it is ordered to the sheriff that he should make to come here [blank] xij etc., by which etc., and who neither etc., to recognize etc., because both etc.