Marriage of J. Gwillim with M. Andrews, who had issue T, G. Death of T. A. and his wife. Entry of J. G. and M. his wife. Death of J. G, and his wife. their son and heir, who had issue T.G. mentioned in the said declaration, in their demesne as of freehold, for the term of their natural lives, the remainder thereof as in the manner above limited; and that after making the said indenture, the said John Gwillim the younger married the said Mary Andrews, and had issue begotten between them, one Thomas Gwillim their eldest son; and that afterwards, and before the said twentyninth day of May, in the year of our Lord 1646, they the said Thomas Andrews and Eleanor his wife died; and that after their decease, the said John Gwillim the younger, and Mary his wife, entered into the lands and tenements above-mentioned in the said declaration, and were seised thereof, in right of the said Mary, in their demesne as of fee-tail, that is to say, to the said Mary and the heirs of her body begotten by the said John Gwillim the younger, remainder thereof in the manner above-limited; and being so seised thereof, they the said John Gwillim and Mary his wife, afterwards and before the said twentyninth day of May, in the year of Our Lord 1646, died; Entry of T. G. and after their decease, the said Thomas Gwillim, as son and heir of the said Mary, begotten of her body by the said John Gwillim the younger, entered into the lands and tenements, with the appurtenances, and was thereof seised in his demesne as of fee-tail, the remainder thereof in the mauner above-limited; and being so scised thereof, he the said Thomas Gwillim had issue begotten of his body, one Thomas Gwillim his son, And the said jurors do, upon their said oath, farther declare, that the said messuage, lands, and tenements, above specified in the said declaration, and also divers other messuages, lands, and tenements, within the said parish of King's Cuple, are held of the said manor of Wormelow, in the said county of Hereford, which said manor now is, and for so long time as there is no remembrance of any man to the contrary, hath been, of ancient demesne of our sovereign lord and lady the king and queen of England, and their predecessors, kings and queens of England; and that the said tenements have been, during all that time, pleadable and impleaded in the court of the said manor or hundred, by their majesties inferior writ of right close, before the steward, suitors and domesmen of the said manor and hundred, or their deputies, or attornies; and not elsewhere, nor otherwise; and by an ancient custom of the said manor and hundred, time out of mind therein used and approved of, the fines founded upon writs of right close of messuages, lands, meadows, pastures, furze, and heath, within and being held of the said manor, or appertaining thereto, have been levied, and during the time aforesaid have been used and accustomed to be levied, in the said court of the manor aforesaid; and that a certain That the tenements are held of the manor of Wormelow, cient demesne. which is an and pleadable by writ of right close, before the steward, &c. of the manor. That fines are levied in that court. levied of the lives, a certain fine, produced in evidence to the said jury, was That a fine sur levied in the court of the right honourable the lady Eliza- concessit was beth, countess of Kent, then lady of her manor or hundred accordingly of Wormelow aforesaid, whereof, &c. held at King's Caple, premises, by within the manor or hundred aforesaid, according to the Thomas Guil said custom time out of mind used and approved of within lim the father, the said manor, on the twenty-ninth day of May, in the and his wife, twenty-second year of the reign of his late majesty Charles the first, king of England, &c. before, &c. then suitors and domesinen of the said court, and others of his said majesty's subjects, then present there, between William Nurse, Sarah his wife, and John Nurse their son, plaintiffs, and the said Thomas Gwillim the father, and Mabell his wife, deforciants, of the said messuages, lands, and tenements, mentioned in the said declaration: by which to W. N. and said finc, the said Thomas Gwillim the father, granted to S. his wife, the said William Nurse and Sarah his wife, and to John and J. N. their Nurse, son of the said William and Sarah, the lands and son, for their tenements aforesaid, above-mentioned in the said declaration, being held of the manor aforesaid, for the term of the lives of the said William Nurse aud Sarah his wife,, and of the said John Nurse, and of the life of the longer liver of either of them, thereby reserving an annual rent reserving an of six pounds, during the said term, as it is more fully annual rent of six pounds. comprehended in the said fine; the tenor of which fine follows in these words: "Wormelow, ss. This is a final agreement," &c. (set forth the fine in hæc verba.) But the The fine in said jurors do, upon their said oath, farther declare, that hæc verba. the said messuage, lands, and tenements, mentioned in That the prethe said fine, were not usually demiseable, at the time of mises, at the levying the fine aforesaid: and that the said annual rent, reserved by the said fine as aforesaid, was not the ancient rent of the said tenements: by virtue of which said fine, they the said William Nurse and Sarah his wife, and John Nurse, entered into the lands and tenements aforesaid, and were seised thereof, as the law requires; and being so seised thereof, he the said Thomas Gwillim the father, being seised of the reversion of the messuage, lands, G. the faand tenements aforesaid, a certain other fine, produced seised of the in evidence to the said jurors, was levied in the said court reversion, he of the right honourable the lady Elizabeth, countess of and his wife Kent, then lady of her said manor or hundred of Worme- levied a fine low, held at Polston in the parish of King's Caple, within the jurisdiction of that court, according to the custom aforesaid, used and approved of within the said manor, during the whole time aforesaid, on Friday the second day of June, in the twenty-fourth year of the reign of our said late sovereign lord Charles the first, late king of England, &c. before, &c. then suitors and domesmen of the said court, and others of his said majesty's subjects then present time of the fine, were not usually demiseable, nor was the rent reserved the ancient rent. Entry of the conusees. ther, being thereof present there, between one Thomas Marrett, plaintiff, and the said Thomas Gwillim and Mabell his wife, deforciants, of the said messuage, lands, and tenements, mentioned in the said declaration; by which last-mentioned fine, the said Thomas Gwillim and Mabell granted to the said Thomas Marreit, and his heirs, the said mes suage, lands, and tenements, mentioned in the within-written declaration, as in the said fine it is more fully expressed; the tenor of which said fine follows in these words: Wormelow, ss. "This is a final agreement." [set forth the fine in hæc verba.] And the said jurors do, upon their said oaths, farther declare, that the last-mentioned fine was so levied to the use of the said Thomas Gwillim the father, his heirs and assigns, for ever: by virtue of which said fine, and also by force of the said act for transferring uses into possession, the said Thomas Gwillim was seised of the said tenements, specified in the within-written declaration, as the law requires; and being so seised thereof, by a certain indenture, produced in evidence to the said jurors, bearing date on the first day of November, in the twentyfourth year of the reign of his said late majesty Charles the first, late king of England, executed between the said Thomas Gwillim the father, by the name of, &c. of the one part, and Thomas Payne, of, &c. of the other part, he the said Thomas Gwillim the father, for the considerations mentioned in the same indenture, enfeoffed, bargained, and sold to the said Thomas Payne and his heirs, the said messuage, lands, and tenements, mentioned in the said indenture. And the said jurors do, upon their said oath, farther declare, that the said last-mentioned indenture was enrolled of record in the county of Hereford, among the records of the same county, according to the direction of the statute in such case made and provided, before Thomas Baskerville, esquire, then one of the justices assigned to keep the peace in and for the said county of Hereford, and Miles Hill, gentleman, then clerk of the peace of the said county, within six months next after making the said indenture, that is to say, on the fifteenth day of March, in the year of Our Lord 1648: by virtue of which said bargain and sale, and also by force of the said act for transferring uses into possession, the said Thomas Payne was seised of the said reversion of the tenements mentioned in the said declaration, as of fee and right, as the law requires. And the said jurors do, upon their said oath, farther declare, that the lands and tenements aforesaid, mentioned in the declaration aforesaid, and the said lands and tenements in the said last-mentioned fine, are the same, and not different or separate lands and tenements. And they do do farther declare, that by a release produced in evidence to the said jury, bearing date on the nineteenth day of November, in the year of Our Lord 1649, he the said Thomas Gwillim, for the considerations therein mentioned, gave, granted, remised, released, and quitclaimed, to the said Thomas Payne (being seised of the reversion of the said tenements in the manner aforesaid), and to his heirs, all the title, interest, term, and demand whatsoever, of the said Thomas Gwillim, in the lands and tenements mentioned in the said release, being the lands and tenements mentioned in the said declaration, as in the same release it is more fully expressed; the tenor of which release follows in these words: To all to whom this preseat writing shall come, &c. (set forth the release in hæc Release of lim the father Payne and his heirs.x verba.) And the said jurors do, upon their said oath, far- Death of T. G. ther declare, that afterwards, namely, on the twentieth day the father, of June, in the year of Our Lord 1663, the said Thomas Gwillim the father died; and that the said Thomas Gwil- leaving T. G. lim the younger, being then of the full age of twenty-one the son, of full age, years, was son and heir of the said Thomas Gwillim the father; and that the said Thomas Gwillim the younger, who had issue had issue, begotten of his body, the said Richard Gwillim, the lessor of the lessor of the premises; and that the said Thomas the plaintiff. Gwillim, the father of the said Richard, afterwards, and before the time of the demise in the said declaration above supposed to have been made, died; and that the said Richard Gwillim is son and heir to the said Thomas Gwillim his father, and nephew and heir to the said Mary Andrews, lawfully issuing from her body. And the said jurors do, upon their said oath, farther declare, that the said Thomas Payne being seised, in the manner aforesaid, of the said reversion of the tenements specified in the said declaration, he the said Thomas Payne, afterwards, and before the time of the demise supposed in the declaration aforesaid, namely, on the twentieth day of September, in the year of Our Lord 1661, died so seised thereof; after whose decease, the said reversion of the same tenements descended to one John Payne, as son and heir of the said Thomas Payne; whereby the said John Payne became seised of the said reversion of those tenements, as of a fee and right, as the law requires: and being so seised thereof, he the said John Payne afterwards, and before the time of the demise supposed in the said declaration, namely, on the twenty-eighth day of December, in the year of Our Lord 1661, died without issue springing from his body, being seised of such his estate in the manor aforesaid after whose decease, the said reversion of the tenements aforesaid descended to the said Margaret wife of the said Edward, to Mary the wife of the said Andrew, and to Mary Meyrick, as co-heirs of the said John Payne; whereby the Death of T. Payne, and descent of the reversion to John Payne, his son and heir. Death of J. ¿ Payne without issue, and descent of the the defendant as co-heir. reversion to That Thomas heirs received the annual rent, &c. Death of the survivors of the three lessees. said Edward and Margaret his wife, in right of the said Margaret, and the said Andrew and Mary his wife, in right of the said Mary, and the said Mary Meyrick, were seised of the said reversion of the tenements aforesaid, as of a fee and right, as the law requires: and that the said Thomas Payne and his Payne, during his life, and after making the said indenture of bargain and sale enrolled as aforesaid, and, after his decease, the said John Payne in his life-time, and, after his decease, the said Edward, Margaret Andrews, and Meyrick, respectively received, and quietly enjoyed, the said annual rent of six pounds reserved as aforesaid, during the continuance of the said grant and demise, made for three lives as aforesaid. And the said jurors do, upon their said oath, farther declare, that the said Mary Nurse survived the said William Nurse and John Nurse, who died seised of the said tenements specified in the said declaration; and that she the said Sarah died on the seventecath day of September, in the year of Our Lord 1693, seised of the said tenements specified in the said declaration as aforesaid; and that after the decease of the said Sarah, the said Edward Bourne and Margaret, in right of the said Margaret, the said Andrew and Mary, in right of the said Mary, and the said Mary Meyrick, entered into the said messuage, lands, and tenements mentioned in the declaration aforesaid, and were seised thereof, as the law requires; and that afterwards, and before the time of the demise above mentioned in the said declaration, the said Richard Gwillim entered into the said messuage, lands, and tenements above mentioned in the within-written declaration, and was seised thereof, as the law requires, he the said Richard then and yet being within the age of twenty-one years. They farther find the lease, entry, and ouster; and if, &c. (with the general conclusion.) Entry of the defendants, and of the lessor (being within age). Jud. 74. No. VII. Judgment for the plaintiff after a verdict on a trial at bar; and a writ of possession awarded, with the return thereof. AT which day, the jury aforesaid being respited between the parties aforesaid, in the said action, &c. And now here, at this day, cometh as well the said plaintiff as the said defendant by their attornies aforesaid, and the jurors impanelled, being called, likewise came, who being elected, tried, and sworn to declare the truth of the premises, as to the trespass and ejectment aforesaid, in ten acres of land, and eighty-four acres of wood, in W. aforesaid, parcel of the tenements aforesaid, above supposed to be |