Exeter College (University of Oxford).

Registrum Collegii exoniensis. Register of the rectors, fellows, and other members on the foundation of Exeter college, Oxford. With a history of the college and illustrative documents online

. (page 53 of 61)
Online LibraryExeter College (University of Oxford)Registrum Collegii exoniensis. Register of the rectors, fellows, and other members on the foundation of Exeter college, Oxford. With a history of the college and illustrative documents → online text (page 53 of 61)
Font size
QR-code for this ebook


of the Dean of Abendon that John Foliot had held two incompatible
benefices together for a year, and was therefore now pronounced
deprived of Wittenham. (5) The Official of the Court of Canterbury
to the Rector of Staunton in the Diocese of Lincoln, and the perpetual
Vicar of Morton, and dominus Nicholas chaplain of the same place in
the Diocese of Sarum ; John de Brendon V, of Wittenham has been
disturbed by the claims of John Foliot, you are to inhibit Foliot from
all such conduct; dated Ocleford 6 June 1361.

By a convention between dominus Richard Pyn Rector and Henry
le Hunt and Agnes his wife, 15 INIch 134I, they granted him a ' placea'
of land for life at a rent of a quarter of barley. On 27 Dec. 1362
William le Blake of West Wyttenham and Agnes his wife daughter
of John Kemp of West Wyttenham give Robert Bossorn, Robert
Blakedon, John de S. Hillario and Robert le Ryche clerks a ' placea '
of land 6 perches long and at the end tow-ards the public road 32 feet
broad and at the other end towards the cemetery 23 feet broad,
* which I Agnes lately had from Robert de Folham,' witnesses Thomas
Stoyl, John Tyso, John Waryn, John Brid, William Lepesofte (at the



326 REGISTER OF EXETER COLLEGE.

back, ' West Wyttenham de quadam placea pertinente ad Rectoriatn).
Some other deeds follow: (i) John Bishop of Sarum to the Rector
and Scholars, Sonnyng, 26 August 1381, We allow you to let out
Wittenham to farm for 5 years. (2) Henry Bishop of Sarum to the
Rector and Fellows, 6 Nov. 1607, This day John Best clerk, S.T.B.,
resigned Wittenham. (3) On 5 Feb. i6if William Prowse of Witnam
clerk, John Reston of Culnham alias Cullam yeoman and Gregory
Slade of Longe Witnam yeoman acknowledge being bound to John
Prideaux Rector of the College in £100. (4) Whereas the College
has granted William Prowse the present incumbent the next presenta-
tion of Wittenham, if it happens before INIichaelmas 1622 by Prowse's
death, provided a Fellow of Exeter is presented, if he will take it, &c.

Summer 1520 ' vij viii^ pro expensis magistrorum doctorum Wylton
et Powell procuratorum in Convocatione episcoporum facta a.d. 1517°.
Was this for Wittenham ?

On I Feb. 154^ the rule of 1541 about not letting Long Wittenham
and Gwinear before the end of a previous lease was relaxed for this
once, and on 10 Feb. Wittenham let to Thomas Perse of Hincksay
for 5 years from the Annunciation to 1551 ; 10 Feb. 154^ let to him
for 22 years, and on 27 IMch 1551 for 41 years. (Perse of South
Hinxey was father of John Pierse archbishop of York.) The land tax
was redeemed on the rectory, and the vicarage augmented by redeem-
ing the land tax 9 Feb. 1804.

In magno rotlo de anno xv regis Henrici YIII in item Berks.
' Collegium vocatum Excet. College in Oxon debet xvid videlicet de
quarta decima quatuor decimarum regi a clero Cantuar. anno iiii^o
concessarum in Archidiaconatu Comitatus Cornub. pro ecclesia de
IManhinyett in decanatu de Estwylkshere : xiiid de secunda medietate
primae decimae duarum decimarum regi a clero Cantuar. anno viio
concessarum in archidiaconatu predict© pro eadem ecclesia in deca-
natu predicto in comitatu predicto. Quae quidem ecclesia est dicti
Collegii sicut continetur in literis certificatoriis venerabiUs in Christo
patris Ricardi episcopi Exon retornatis ad scaccarium anno 11° regis
Henrici VII quae sunt inter certificaciones episcoporum de nominibus
collectorum decimae dicto anno secundo concessae. Summa xxiiii</.
Sed non debetur inde summa eo quod quaccunque beneficia et pos-
sessiones omnium et singulorum Collegiorum Aularum sive Domorum
Collegiatarum, quibuscunque nominibus censeantur, in Universitate
Oxon et Cantab, existentium a concessione Icvacionc et solucione
dictae decimae et cujuslibct ])arlis cjusdem cxcipiunlur sicul continetur



REGISTER OF EXETER COLLEGE. 327

in concessione dictae dccimae irrolulata in mcmorandis hujus scaccarii
videlicet inter recorda de tcrmino S. IMichaelis anno dccimo regis
hujus . . rotlo . . ex parte Remembranc. regis. Quiet, est. — Gustos
et scolares Collegii vocati Excet. College in Oxen debent \d videlicet
de quarta decima iiii decimarum regi a clero Cantuar. anno iiii con-
cessarum in archidiaconatu Berk, pro ecclesia de Witteham in deca-
natu de Abendon. Quae quidem ecclesia est dicti Custodis et
Scolarium sicut continetur in quadam certificatione Ricardi nuper
episcopi Sarum retornata hie ad scaccarium anno vio regis Edwardi iiii.
Sed non debetur inde summa eo quod bona, beneficia et possessiones
omnium et singulorum CoUegiorum sive Aularum Collegiatarum in
Universitate Oxon et Cantabr. existentium a concessione levacione et
solucione dictae decimae et cujuslibet partis ejusdem excipiuntur sicut
continetur in concessione ejusdem irrotulata in memorandis anni
quinti regis hujus videlicet inter recorda de termino S. Michaelis rotulo
primo ex parte Remembranc. regis. Quieti sunt.

Clifton Ferry, in Long' Wittenham'.

A genealogy of a family in one of the lowest stations, given both
in narrative and in the form of a pedigree, written so early as 1437,
and reaching back a century farther, is a curiosity and a rarity. Such
is the following copied from the earliest document the College pos-
sesses about Clifton Ferry. It is a small parchment, written on both
sides by the same ancient hand ; the pedigree is in roundlets. I have
expanded some contractions.

Johannes Brouns senior, Hythewarde de Westwyttenham in comi-
tatu Berk., habuit issu viz. duos filios Johannem et Ricardum,
et quinque filias scilicet IMatildam, Aliciam, Ysabellam, Rosam, et
Cristinam. Johannes primogenitus hereditavit dictum Hythe et ipse
obiit sine issu, et tunc descendebat Ricardo fratri suo jure hereditario ;
qui Ricardus habuit issu, viz. Johannem et Willelmum ; et post
obitum dicti Ricardi descendit Johanni filio suo, qui Johannes decessit
sine issu; et postea descendit Willelmo fratri, qui Willelmus habuit
unicum filium Johannem nuncupatum ; qui Johannes obiit infra
etatem et sine issu, et tunc descendit jure hereditario ad le issu
predictarum duarum sororum viz. Alicie et Cristine, duabus sororibus
predictarum quinque. Alicia fuit nupta cuidam J. nativo, et habuit

' Communicated by W. H. Black to Collectanea Topographica et Genealogica
i. 239 (1834). The Feny was sold to Henry Hucks Gibbs Esq""*, who has built
a bridge there ; the College reserved a right for the parson to pass free of toll.



328



REGISTER OF EXETER COLLEGE.



filiam Aliciam vocatam, que quidem Alicia filia fuit nupta Johanni
Frensh, et generit ex ea filium Thomam nominatum modo superstitem ;
et alia soror viz. Cristina desponsata fuit cuidam Johanni Stcvenes,
qui genuit ex ea filium Johannem, de quo Johanne veniebat Emota
uxor Willelmi Seward. Et dictus Thomas Frensh, alias Kynge, et
Emota uxor Willelmi Seward, admissi fuerunt in plena curia pro
heredibus coram Johanne Hore ad tunc senescallo, hiis testibus
Ricardo Drayton armigero, Willelmo Borde, Johanne Stowe, et
Willelmo Felys, ibidem tunc presentibus. Hec docta et informata
fuerunt per Johannem Tubbe de Cliffton, etatis sexaginta annorum
et amplius, anno regni regis Henrici sexti post conquestum Anglie
xvimo.

Johannes Brouns de Westwitenham in com. Berks. Hytheward h'uit duos filios et
quinque filias legitime procreat. de corpoie suo.



1
Cristina filia


1 1
Rosa morie-


.1
Alicia. Ista


1
Matilda


1
Joh'es. Iste


1
Ric'us


d'ci Joh'is.


batur sine


fuit nupta


defunc-


hereditavit


h'uit


Ista fuit


prole, vi-


cuid' Joh'i


ta est




le hithe


duos


uxorata cui-


vente p're.


North'


absq'


e


post morte'


filios


dam Joh'i


Ysabella de-


native ex


liberi


s


p'ris et


legitti-


Steven is, et


cessit sine


quo h'uit


p're su-


decessit


mos vz.


h'uit ex eo


sobole ante


unu' filiu'


perstite.


sine prole.


Joh'em


filium Joh'-


p'rem.


et filia'






un' Kic' fr'


et


em =p




Alicia' na-






successit


Will'm.


Joh'es filius




tives. =p
1






i' her'.


1


Cristine
qui h'uit




1








1


Henricus Alio' filia d'ce Alicie


1
Joh' filius Ric'i.


Will'm's


filiam legit-


. . . soror Henrici nativi.


Iste successit


fil' Ric'i.


time pro-


Slypon Ista


. ftiit nupta cuid'


p'ri


suo in her'


Iste


creat' viz.


iste h'uit Jh'i


Frensh, h'uit




et 1


morieba''


WiU'us


Emotam =^


filia' filiu


i' Thomam


-T-


abs


. liberis, un'


h'uit fi-


Emota fil.


Matild'.


Tbnmjit;


\Vi


ir fr' ejus


liu' Joh'-


Joh'is filii


1


fil'


Alic'


successit m tier'.


em. =Y


Cristine,


Will' fil' - - Matill'fil' et.


Toh'is






adhuc su-


Matris Henr' S. . . Frenshe




Joh'es fil' Joh'is. Iste mo-


perstes.


cogno- iste


: h Ult






rieba'"" infra etatcm et sic




mento filiu' Will'm






devolut' est d


uab' soro-




North. et i


filias duas






rib* ; videl. Alic' et Cris-












tine et hered'


suis.



This pedigree seems to have been designed to show that Thomas
Frenshe, alias Kynge, grandson of Alice the second daughter, and
(by failure of her brother's issue) co-heir of John Brouns, the hithe-
ward or ferryman of Clifton, was one of the heirs-at-law to his
great-grandfather's estate. By what means he satisfied the other heirs
does not appear; but on Holyrood day i8 Henry VI (3 I\Iay 1440)
he conveyed, under the name of' Thomas Kynge dc Wittenam Abbatis,'



REGISTER OF EXETER COLLEGE. 329

all his part of the 'hithe' and passage over the Tliamcs at Clifton,
with all chambers, houses, lands, meadows, pastures, ditches, waters,
and fisheries, to Peter Shotesbroke Esq. of Newenham, John Shephard
of Wittenham-Comitis clerk, and Thomas Haukyne of the same ; one
of the witnesses being John Tubbe, the old man from whose know-
ledge of the family the genealogy was drawn. These 3 persons
re-infeoffed him and Joan his wife of the same estate, for their lives,
and to the assigns of the said Thomas Kynge for ever, on Saturday
in Easter week 19 Henry VI 1441. In 1483, 4 Nov. 22 Edward IV,
Joan Goldry and John Frenshe alias John Kynge, of Redyng, (who
seem to have been the widow and the son of Thomas Kynge) gave
their half-part of the hithe to John Yonge of Watlyngton, his heirs
and assigns ; and on 30 Nov. the said J. F. alias J. K. released and
quitclaimed to him, Sir W. Stoner being the chief witness to both
deeds. John Yonge conveyed it to John Mercer clerk, William
Buldry, and Roger Roper of Watlington, and to Roper's heirs and
assigns, 12 Jan. 2 Ric. Ill (i48i); appointing, on 14 Jan.,Chr. Swan
bailiff of Abingdon, and John Gibon of Watlington, his attorneys,
to give seisin; and on 31 Jan. he released the same with the same
remainder. Eight years after, this Roger Roper ' draper ' demised it
to Ric. Ranter rector of Exeter College, Will. Ford, Walter Kyngdone,
John Philipe, Will. Brue, Will. Merifelde, John Frendshipe, Tho.
Laurey, Walter Cowse, and John Hickys, clerks, Rich. Robertis,
Walter Dudman, Will. Glovere, Tho. Tremayne, and Peter Druet
literatis, and to their heirs for ever, Oxford i Aug. 8 Hen. VII 1493 >
and on 28 Nov, he quitclaimed to them 'then in full possession';
Tho. Larkyne, Robert and Reginald Curteys, and Roger Aleyne
being witnesses to both deeds. This is the substance of the only
(nine) ancient deeds relating to Clifton Ferry.

Merton.

Merton was impropriated to the monastery of Ensham (form given
in Kennett's Parochial Antiquities 481) temp. Edw. Ill and rated at
17 marks ioj, of which 10 marks were secured to the Vicar or
Parochus. There is an Inspeximus of Richard II ; and John, bishop
of Lincoln, on 20 May 1380 confirmed an ordinance of Geoffrey
abbot of Ensham, made 4 Aug. 1379, about payments to the parish.
See Dugdale, Monasticon iii. In the Valor Ecclesiasticus of Henry
VIII the Vicarage is stated to be worth £8 by perpetual com-
position. It was granted, with Kidlington, to Sir ^V. Pelre, and



33© REGISTER OF EXETER COLLEGE.

by him to Exeter College, as * rectory and church of Meryton
Avith all lands glebes tithes oblations obventions profits &c.,' and
stated to be part of the lands &c. granted to Cardinal Pole. We have
a copy of the lease of the parsonage, made by Abbot Antony Dunstone
to Richard Gunter, one of the Bailiffs of Oxford, on 21 Aug. 1530,
for 99 years (beginning after a previous lease of 28 years granted to
John Camby 23 Dec. 151 4) at a rent of 40s, reserving £8 for the
Vicar, and some other small payments, and Gunter was to have the
right of cutting wood in the woods of Wood Eaton for housebote,
ploughbote, hedgebote, and firebote.

The parish was enclosed under a private Act 1762 (3 George III,
c. 34), and the Enclosure Act of 1763. On 17 Jan. 1763 the College
petitioned the House of Commons against Sir Edward Turner's bill
for enclosing the common field of IMerton ; on 23 Feb. the matter
was referred to the award of Lords Harcourt, Talbot, Strange, and
Sir R. Newdigate; on 16 Mch it was agreed to pay £250 to Sir E,
Turner for surrendering his lease, which had still 3 years to run ; on
9 Sep. it was agreed to exchange some land with Sir E. Turner under
the Enclosure Act, and on 26 Sep. £162 11s gd was paid him for
timber, &c. Before the enclosure the Rectory appears to have con-
sisted of old enclosures 137a. 3r. I4p., with a common field of 86 acres,
total 223a. 3r. i4p., also the great and small tithes of about 654 acres,
and certain rights of common pasture. An allotment was made of
1 68a. 2r. 35p. in Heu of tithes, common field, &c. This, added to
137a. 3r. i4p., makes 306a. 2r. 9p., valued in 1763 at £173 13.? gd,
1798 at £361 IS 'jd, 1806 at £439 7^ 6dy 1813 at £727 6s 2d, 1820
at £586 15J ^d. At first it was let on a fine system, and the fine on
renewal in 1827 was £810.

Mete et bunde terrarum glebalium Rectorie de Meriton in comis-
sione presentibus annexa mentionatarum capte et designate coram
nobis Thoma Moyle Johanne Hawley armigeris et Jeronnimo Nashe
generoso, sexto die Aprilis anno regni domini regis Jacobi Anglic
&c. decimo, per sacramenta Willelmi Chapman, Edwardi Hopper,
Edwardi Coxall, Willelmi Clare, Walteri Coxall alias Presson, Thome
Hampson, Willelmi Derle alias Witham, Johannis Bull, Ricardi Jones,
Johannis Spittle, INIarci Bryan, Johannis Derle, Johannis Bowdon,
Johannis Burnam, Johannis Borne, et Johannis Darling alias Brokes,
virtute comissionis domini regis presentibus annexe, in presentia et ex
assensu lam infranominali Jacobi Harrington niilitis quam Rcctoris et
divcrsorum Scholarium Collci^ii de Exon. infranominali.



REGISTER OF EXETER COLLEGE. 331



hi Claypitt feild.

Imprimis, in the shorte stone furlonge eight Butts abbutting north-
ward upon the Towne, and southward upon the hade land of the
parsonage commonly called the long Land furlonge, and lying
betwene the land of . . . Tame widowe on the west and Johane Cope
widowe on the east.

Item one hade land in Long Landes furlonge abutting upon fower
Leyes of the Parsonage on the west, and uppon a hade land of the
widdowe Cope on the east, and lyeinge betwene an acre of the said
widdowe Cope on the south, and crosseinge the ridges of the Shorte
Stone upon the north.

Item foure shorte Leyes lyeinge togeather abuttinge upon dewes
close on the west, and upon a hadelande of the Parsonage and one
Lande of widdowe Copes, one other Lande of John Bull, and one
other Lande of the Parsonage on the east, and lyeinge betwene the
Lande of William Clare on the south, and the ridges of the Shorte
Stone on the north.

Item foure Landes with hades and meeres in long Land furlonge
shutinge on a hadeland of widdowe Cope eastward, and upon the
widdowe Kinge and widdow Robins and William Clare, and a laye
of the Parsonage on the west, and lyeinge betwene the lande of John
Bull on the North, and a yeard of Henrie Kinge on the south.

Item the Parsonage Close in the west feilde conteyninge by
estimacion tenne acres, abuttinge upon dewes close on the North,
and upon the River on the South, and lyeinge betwene Claypitt feilde
on the east, and Robert Paynes close on the west.

Item foure other landes with the meeres in Claypitt furlonge,
abuttinge uppon a hadeland of Sir James Harrington some tymes
called dewes on the north, and upon a hadeland of John Bowdon on
the southe, and a lande of Robert Payne on the west, and a lande of
Sir James Harringtons on the east.

Item in the Ray furlonge one acre butt, shutinge upon the Ray on
the south and abuttinge upon a hade laye of widdow Cope on the
north, and lyeinge betwene the landes of John Bull east and west.

Item in Beane furlonge twoe landes shutinge upon the Shorte
Stone on the north, and upon a had waye on the south, and lyeinge
betwene the landes of IVI^ George Danvers some tymes Withams on
the east, and on the land of John Brokcs on the west.



332 REGISTER OF EXETER COLLEGE.

Item twoe other landes in Lambes earefurlonge abuttinge uppon
beane furlonge on the north, and upon a had land of Edward Presson
on the southe, and lyeinge betwene the lande of M'" George Danvers
some tymes Wythams on the west, and William Crane on the east.

Item one lande in Lambe eare furlonge beinge the uttmost land
towardes the east, abuttinge upon a butt of dewes on the north being
of equal length with the other land of John Bull lyeinge next yt on
the west.

Item one other lande adjoyninge to yt lyeinge in the shorte
furlonge, shuteinge upon Burnams hadd land, beinge the utmost
lande on the west.

Item one single lande in Raye furlonge, abuttinge uppon the River
southward, and on Bressons had land on the north, and Richard
Gurden on the west, and Joane Osborne on the East.

Item one Land in Gogmoye Leyes with halfe the mere on eyther
side abutlinge uppon the hadd land of Robert Payne on the west, and
upon a hadd of Greeneford parcell of dewes on the east, and lyeinge
betwene the lande of John Brokes on the south, and one Carters on
the northe.

Item seaven butts and one hade land in the Raye furlonge, the
hadd land crossinge the butts on the north and abuttinge upon the
River on the south, and lyeinge betwene the Landes of Robert Payne
on the west and Alice Cope on the east.

Item one lande abuttinge upon Bornes foreshuter on the north, and
on the Raye furlonge on the south, lyeinge betwene the Landes of
Mr George Danvers on the west and John Burnam on the east.

Item twoe other landes in Hard land furlonge abuttinge upon the
Hangle furlong on the north, and upon the Hill furlonge on the south,
lyeinge betwene the Landes of Henrie Yale on the west and John
Borne on the east.

Item a peece of meadow grounde at the hill called the Parsonage
Hame with a hadd land adjoyninge hereunto on the north, and
abbuttinge upon the River on the south and west, and shutenge upon
the hadd lande of John Wytham on the east.

Item five landes in Hangle furlonge abuttinge upon Hardland on
the south and one John Wythams haddeland and the Longe stone
on the north, and lyeinge betwene the Landes of John Borne on the
east and Kathern Kinge widdowe on the west.

Item foure Landes in the Longe stone furlonge, abuttinge uppon
John Wilhames hadeland on the south, and upon the hedge towardes



REGISTER OF EXETER COLLEGE. 333

the towne on the north, and lycinge betwene the landcs of John
Burnam on the west and Mathew Barett on the east.

Item twoe leyes lyeinge in Gogmoyre layes, the one a had ley,
abuttinge upon a forshute of John Bull on the east, and a had lande
of Robert Payne on the west, and lyeinge betwene the leyes of
widdowe Robins and the cnde of a leye of the Parsonage on the
south and the Longe stone on the north.

Item the said ende of the Ley in Gogmoyre abuttinge upon the said
foreshuter of John Bull on the east and the said Leaye of the widdow
Robbins on the west, and the said Layes of the Parsonage on the
north, conteyninge by cstimacion sixe poles.

Item a lytlle square of grounde in Gogmoyre lyeinge upon the
ende of Robert Paynes hadeland on the south, and upon the Longe
stone on the north and to the middle of the furrowe of John Bulls
Ley on the west, and the lande of widdow Robbins on the east, con-
teyninge aboute sixe poles.

Item twoe other landes lyeinge in the Longe stone, abbuttinge
upon parte of the said square on the south and the lane hedge on the
north, and lyeinge betwene the land of John Brooke on the west and
the land of widdowe Robins on the east.



In Asliley hridge feilde.

Item twoe landes in hadland furlonge abuttinge upon the Hangle
on the north and upon Morgige furlonge on the south, and lyinge
betwene the landes of John Bowdon on the west, and Thomas Gurden
on the east.

Item foure butts with their hades and meares in long neck furlonge
abuttinge upon the hadland of William Crane on the north, and the
had of Thomas Gurden on the south, and lyeinge betwene the landes
of John Bowdon on the east and widowe Cope on the west.

Item three whole eared acres lyeinge in Worgige furlonge abuttinge
upon John Withams hadland on the south and Crabtree Leise on the
north, and lyeinge betwene the landes of widdowe Kinge on the west
and John Bull on the east, and Henrie Yates haremge one lande
lyeinge betwene them.

Item twoe landes and a hadland in the reede, the hadland abuttinge
upon long necke furlong on the west, and upon Lambcott furlonge
on the east, and the twoe landes abuttinge upon the said hadland on
the north, and upon Ashley Bridge butts on the south, and lyeinge



334 REGISTER OF EXETER COLLEGE.

betwene the landes of Sir James Harrington somelyme de^'es on the
west, and John Bull on the east.

Item two short ley butts lyeinge a niengest Ashley Bridge butts
abuttinge upon dewes hame and leyes south and west and upon the
lande of John Borne on the east beinge the uttmost butts towards the
west.

Item twoe lands in short Lambcott furlonge, abuttinge upon long
Lambcott on the north and the reede furlonge on the south, and
lyeinge betwene the landes of John Borne on the east and John Bull
on the west.

Item foure butts at Lappinge Ars furlonge, abuttinge on the old
marshe on the north and upon Sturpitt Corner south and east and
a parcel! of meadow grounde conteyninge by estimacion twoe acres,
and beinge compassed with the foure butts and Sturpitt ditch.

Sir John Maynards letter to Prideaux about the lease of Merton,

1629.
Reverend Sir

I received your letters by INIr Tozer, with which he proffered
me a fee from the CoUedge, to which I must ever both in the behalfe
of my selfe and my brother acknowledge that I am so much bounden
as I could not accept therof, my poore abilitys being indetted for
themselves to that House, and therfore I desire you to do me that
favor as to suffer some small payment of my dett in acknowledging
it. Touching the lease of Meriton parsonage, I was with M"" Tozer
at Sir Edward Harrington's lodging, who very readily showed me his
lease, of the making whereof being under the scale of the Abot of
Enysham I thinke there is no doubt, but thereby I find the case to
stand thus. The abbot and convent of Enesham in 6^ H. 8 21 Decemb
by indenture made a lease to one Camby for 28 yeares, then in 22"
H. 8 the successor reciting that Camby had and did hold the said
parsonage by demise for 28 years, he and the convent made a 2^ lease
to one Gunter to have and to hold for 99 yeares from thcnd of the
said 28 years, for which 28 years the said Camby did hold the same,
so that by the frame of the 2^^ lease it is implyed that the first lease
was determined at the making of the 2°*^ ; expired in tyme it could
not be but determined by surrender or otherwise it might. But this
if it were so can helpe you nothing, for then the case is this. A lease
is made for xx years, tenne years expird, then the lessee surrenders,
and the lessor reciting the old lease makes a new, to comence after



for if a man make a
lease to commence after
another, and there was
never any such, it
comenceth forthwith.



REGISTER OF EXETER COLLEGE. 335

the 20 years for which the first lessee did hold ; this lease begins not
till the 20 years expired, but it had bin otherwise if he had said to
comence after the first lease, for in our law we distinguish inter
Tempus annorum and Terminus annorum; the terme of years in
our construction is the Interest which is in the lessee, and may
determine within the tyme, but the tyme that cannot be . . . But
I conseive that there may be some question on Sir Edward Harrington's *
lease another way : for by his deed it appeareth that the lease for
28 years was made by such an Abot as at the same tyme was also



Online LibraryExeter College (University of Oxford)Registrum Collegii exoniensis. Register of the rectors, fellows, and other members on the foundation of Exeter college, Oxford. With a history of the college and illustrative documents → online text (page 53 of 61)