Christchurch Garden

PRO SP15/39, f. 141: 26 November 1609.

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CSPD Addenda 1580-1625, p. 520

Summary: Case of the Master and Fellows of Magdalen College, Cambridge, with reference to a tenement and 10 acres of land in the city of London, belonging to the said university. The college, by its foundation charter, has power to purchase only, and plead and be impleaded in any of the King's Courts, and to do all things according to the Statutes of Lord Audley their founder, of which one of the principal is, that all grants made by them for more than 10 years shall be void. Queen Elizabeth, by patent 29 January 1575, granted the said messuage and garden to Benedict Spinola and his heirs for ever, and the Statute of confirmation of grants made by and to Her Majesty was made in 1575. The premisses, by bargain and sale, came from Spinola to Edward Earl of Oxford, father of His Majesty's ward [i.e., of Henry de Vere, Oxford's son]; and Earl Edward, 4 July 1591, sold the same to John Wolley and Francis Trentham, to have the same assured to Trentham for life, and in default of such assurance, receive the rents for life, the reversion and remainder, and the entire fee simple, to be disposed of for the advantage of Elizabeth, sister of the said Francis Trentham.

"Earl Edward, being also seized of lands held of His Majesty, died, leaving Henry Vere, now Earl of Oxford, his son and heir, His Majesty's ward. By an inquisition taken at Guildhall, London, 13 Aug. 1608, it was found that Earl Edward died seized of such messuage and garden, and that Earl Henry, His Majesty's ward, was his son and heir. The complainants have exhibited their peitition for traverse of the said inquisition, and for licence to traverse the office."

Document (badly decayed)

[[The master an]]d ffellowes of Magdalen Colleg in Camb[[ridge formerly seized of a Messuage a]]nd garden called

[[the garden]] of Christ{es} church in the parish of St Butto[[lph London ....]] by thei[[r]] deede Indented

[[in the court of C]]hancery, dated xiijo die Decembr{is} A{nn}o xvij [[... did sell the said]] Messuage and garden to the

[[said Queene]] and her heires and Successors for ever, Reserving the r[[]]t to be paide to the Master &

[[fellowes of]] the said Colledg, and to their Successors for ever. Vi[[...]] the said Queene her heires or

[[successors...]] could not sufficiently convey and assure the saide Messua[[ge and garden to Bene]]dict Spinola and his heires

[[...]] daie of Aprill next ensuing the date of the saide Ind[[enture ...]]nt to the saide Queene

[[...]] and it should be lawful for the Master and ffe[[llowes ...]] to Reenter./

[[The saide Messuag]]e and Garden exceede not in quantity the nummber of tenn acres and lye within the Suburbes of London.

The saide Colledg by their Charter of foundac{i}on have power to purchase onely and pleade and be impleaded in any of the King{es} Court{es} before any of his Iustices, and that they shall doe all thinges according to the statut{es} & ordinances of the Lo{rd} Awdley theire fownder or his Executors or assignes, Of which statut{es} one principall is, That all graunt{es} made by them for longer tyme then tenn yeares shalbe vtterly voide.

The saide Late Queene by her l{ett}res patent{es} vnder the great Seale of England bearing Teste the xxixth of Ianuary Anno xvijth of her raigne, did graunt the saide Messuage and garden to the saide Benedict Spinola his heires and assignes forever.

The statute of confirmac{i}on of graunt{es} made by and to the saide Queene was made Ao xviiijth Eliz{abethe} [=1575-76].

The premisses by meane conveyances of bargaine and sale by deede inrolled came from the said Spinola to Edward Earle of Oxford father of his Ma{ies}ties saide ward [=Henry de Vere] in fee.

[[Af]]ter Earle Edward by his deede of bargaine and sale inrolled Date[[d the ...]] daye of Iuly Ao xxxiij Eliz

[[...]] in consyderac{i}on of a so{m}me of money did bargayne and sell to [[Iohn]] Wolley & ffrancys

[[Trentham]] theire heires and assignes, to the entent that the saide [[...]] the premisses

[[...]] him vppon request for terme of his life onely and in def[[... ass]]urance, that he might

[[...]] the Issues and proffytt{es} thereof during his life and of the who[[...]] Remaynder, and the e[[...]]

[[... fee s]]ymple to dispose for the most advantage and Co{m}modity of Elizabeth T[[rentham]] syster of the saide ffrancys./

The saide Earle Edward did according to the intent of the saide deede receave the proffytt{es} of the premisses during his life

[[h]]e being seized of diuers landes held of his Ma{ies}ty in Capite, about fower yeares past now died, the right Ho{norable} Henry de veere nowe Earle of Oxford being his sonne and heire, then and yet within the age of xxjth yeares, and

ward to his Ma{ies}ty for other landes as appeareth by the Inquisic{i}on./

And after by an Inquisic{i}on taken at Guyldhall London xiijth Augusti, A{nn}o vjto R{egis} Iacobi [=13 August 1608], It was founde that the saide Earle Edward died seized in his demesne as of fee of the saide Messuage and garden now in question And that the saide Earle Henry his Ma{ies}t{ies} ward is his sonne and heire.

Vppon all these matters the Compl{ainan}t{es} have exhibited theire petition of traverse of the saide Inquisic{i}on taken xiiijo Augusti Anno vjto R{gis} Iacobi into this Court to have license to traverse the saide Office in [[..]]t of the said Earle Edward dieng seized of the p{re}misses./

[[...]] Compl{ainan}t{es} have any [[...]]s?

[[...]] the Compl{ainan}t{es} be parties [[...]]m maye trauerse the

[[...]]m the poyntes of the dyeng st[[...]]are Notwthstanding they

[[...]]yme not vnder the saide Iohn Woo[[lley ...]]

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