second son lawfully begotten (and so to the ninth son of the said George); and for default of such issue male of the body of the said ninth son, then to the use of one Ralph Vavasor, another brother of the said Peter Vavasor, for the term of his natural life, without impeachment of any waste; and after his decease, then to the use of the eldest son lawfully begotten of the body of the said Ralph, and the heirs males of the body of the same eldest son lawfully begotten; and for default of such issue male of the body of the said eldest son lawfully begotten, then to the use of the second son of the body of the aforesaid Ralph lawfully begotten, and the heirs males of the body of the same second son lawfully begotten (and so to the ninth son of the aforesaid Ralph); and for default of such issue male of the body of the said ninth son, then to the use of one Marmaduke Vavasor, another of the brothers of the aforesaid Peter Vavasor, for the term of his natural life, without impeachment of any waste; and after his decease, then to the use of the eldest son lawfully begotten of the body of the aforesaid Marmaduke, and the heirs males of the body of such eldest son lawfully begotten; and for default of such issue male of the body of the same eldest son, then to the use of the second son of the body of the aforesaid Marmaduke lawfully begotten, and the heirs males of the body of the same second son lawfully begotten (and so to the ninth son of the said Marmaduke); and for default of such issue male of the body of the same ninth son, then to the use of one Robert Vavasor, another brother of the aforesaid Peter Vavasor, for the term of his natural life, without impeachment of any waste; and after his decease, then to the use of the eldest son lawfully begotten of the body of the said Robert Vavasor, and the heirs males of the body of the same eldest son lawfully begotten; and for default of such issue male of the body of the same eldest son, then to the use of the second son of the body of the aforesaid Robert Vavasor, and the heirs males of the body of the same second son lawfully begotten (and so to the ninth son of the said Robert); and for default of such issue male of the ninth son, then to the use of Thomas Vavasor, another brother of the said Peter Vavasor, Esq. for the term of his natural life, without impeachment of any waste; and after his decease, then to the use of the eldest son of the body of the aforesaid *Thomas Vavasor lawfully begotten, and the heirs males of the body of the said eldest son lawfully begotten; and for default of such issue male of the body of the same eldest son, then to the use of the second son of the body of the aforesaid Thomas Vavasor lawfully begotten, and the heirs males of the body of the same second son lawfully begotten (and so to the ninth son of the aforesaid Thomas); and for default of such issue male of the body of such ninth son, then to the use of Richard Vavasor, another brother of the said Peter Vavasor, Esq. for the term of his natural life, without impeachment of any waste; and after his decease, then to the use of the eldest son of the body of the said Richard Vavasor lawfully begotten, and the heirs males of the body of the same eldest son lawfully begotten; and for default of such issue male of the body of the same eldest son lawfully begotten, then to the use of the second son of the body of the said Richard law Then to the use of the heirs body of P. V. of S. and then male of the to the use of the right heirs of R. V. for ever. P. V. died seised. E. V. the defendant entered. waste. fully begotten (and so to the ninth son of the aforesaid Richard); and for default of such issue male of the body of the said ninth son, then to the use of the heirs males of the body of Peter Vavasor, of Spaldington, Knt. lawfully begotten; and for default of such issue male, then to the use of the right heirs of the said Richard Vavasor for ever. By virtue of which recovery and seisin in manner and form aforesaid had, and by force of a certain act of a Parliament of the Lord Henry the 8th, late King of England, held the 4th day of February, in the 27th year of his reign, made for transferring of uses into possession, at Westminster, in the county of Middlesex, the aforesaid Peter Vavasor, Esq. was seised of the aforesaid tenements with the appurtenances, put in view of the recognitors of the assise aforesaid, and in the aforesaid plaint specified inter alia, in his demesne as of freehold, for the term of his life, without impeachment of any waste; the remainder thereof after his decease farther as abovesaid expectant; and the said Peter being so seised thereof, the said Peter, at Spaldington aforesaid, died without any issue male of his body lawfully begotten; after whose decease the said Edward entered into the aforesaid tenements with their appurtenances put in the view of the recognitors of the assise aforesaid, and in the plaint aforesaid specified (amongst other things) as in his remainder thereof, and was, and yet is seised in his demesne as of freehold for the term of his life, without impeachment of any And the aforesaid Thomas Dowman and Elizabeth claiming, &c. (and so gave colour to the plaintiff). And the aforesaid Thomas Dowman and Elizabeth, as to the aforesaid plea of the said Edward above in bar of the assise aforesaid pleaded, say, that they for any thing in the said plea before alledged, ought not to be barred from having the assise aforesaid of the tenements aforesaid with the appurtenances, because they say, that well and true it is, that the aforesaid Peter Vavasor, Esq. was seised of the tenements aforesaid with the appurtenances in his demesne as of fee; and he the said Peter being so thereof seised, the aforesaid recovery of the tenements aforesaid with the appurtenances was had by the aforesaid Andrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundere, against the aforesaid Peter Vavasor, Esq. in manner and form as the said Edward above hath alledged: but the said Thomas Dowman and Elizabeth farther say, that the recovery said P. V. and aforesaid, in form aforesaid, by the aforesaid Andrew, William Vavasor, Peter Vavasor the younger, and John Laundere, against the aforesaid Peter Vavasor, Esq. of the tenements aforesaid, with the appurtenances in form aforesaid had, and the seisin of the tenements aforesaid, with the appurtenances thereupon in form aforesaid had, were to the only use and behoof of the aforesaid Peter Vavasor, Esq. and his heirs for ever. By reason whereof, and by force of the aforesaid act of transferring uses into possession, &c. the aforesaid Peter Vavasor, Esq. was seised of the tenements aforesaid with the appurtenances in his demesne as of fee; and being so seised thereof, the said Peter Vaseised without vasor, Esq. at Spaldington aforesaid, of such his estate died there Colour given [* 3 a. ] But say that it was had to the use of the his heirs for ever. P. V. died issue. The tenements descended to the said E. then the wife of the said T. D. who with her husband entered, &c. of seised, without issue of his body lawfully begotten. After whose death the said tenements with the appurtenances descended to the said Elizabeth, then being the wife of the said Thomas Dowman, as sister and heir of the aforesaid Peter Vavasor, Esq. by which the said Thomas Dowman and Elizabeth in the said tenements with the appurtenances entered, and were thereof seised in their demesne as of fee, in the right of the said Elizabeth, until the aforesaid Edward Vavasor, and the aforesaid George, Richard, John Lawson, William Musgrave, Robert Thissylwood, and Robert Ward, them the said Thomas Dowman and Elizabeth thereof unjustly and without judgment did disseise, as they above against them complain, without this, that Traverse. the aforesaid recovery of the tenements aforesaid, with the appurtenances, by the aforesaid Andrew Windsor, William Vavasor, Peter Vavasor the younger, aud John Laundere, against the aforesaid Peter Vavasor, Esq. in form aforesaid had, was to the uses in the bar of the said Edward above specified, as, &c. (and thereupon the parties are at issue). And the jurors say upon Special vertheir oath, that the aforesaid Peter Vavasor, Esq. was seised of dict. the tenements aforesaid in their view put, and in the plaint aforesaid specified, with the appurtenances in his demesne as of fee; and he the said Peter being so seised thereof, the aforesaid recovery was had by the aforesaid Andrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundere, against the aforesaid Peter Vavasor, Esq. of the same tenements with the appurtenances in manner and form as the aforesaid Edward above in pleading hath alledged; and further the recognitors of the assise aforesaid say upon their oath, that a certain indenture was made between the aforesaid Peter * Vavasor, Esq. of the one party, and the aforesaid Andrew Windsor, William Vavasor, Peter Vavasor the younger, and John Laundere, of the other party, bearing date the first day of February, in the 15th year abovesaid: the tenor of which indenture follows in these words: P. V. seised of the said tene ments in fee, a recovery was E. V. has alledged. had as the said A certain in denture was [S b. ] made between the said P. V. and the said A. V. and of one part, others of the other part, dated, 1 Feb. 15. Eliz. “This indenture made the first day of February in the 15th Indenture set of the reign of our sovereign lady Elizabeth, by the out. "grace of God Queen of England, France and Ireland, defend"er of the faith, &c. between Peter Vavasor of the Middle "Temple in London, Esq. of the one party, and Andrew "Windsor of the same house, Esq. William Vavasor of Lin"ton in the county of York, Gent. Peter Vavasor the younger "of Spaldington in the county of York, Gent. and John Laun"dere of Staples-Inn in or near London, Gent. on the other "party, witnesseth, that it is covenanted, concluded, condescend"ed, declared, and fully agreed betwixt the said parties, and "either of the said parties, for him, and his and their heirs, "executors, and administrators doth conclude, condescend, de"clare, and agree by these presentsto and with the other, his " and their heirs, executors, and administrators in manner and "form following: that is to say, Whereas the said Andrew, "William, Peter the younger, and John, have this present term "of St. Hilary, recovered to them and to their heirs for ever, "by writ of Entre sur diss. in le post had and prosecuted against [* 4 a. ] "the said Peter Vavasor, Esq. before Sir James Dyer, Kuight, "Richard Harper, Roger Manwood, and Robert Mounson, "Justices to our said sovereign lady the Queen's majesty of her "court of Common Pleas at Westminster, according to the usual "order and form of common recoveries heretofore used, the ma"nor of Spaldington with the appurtenances, and divers other "lands, tenements, and hereditaments, situate, lying, and being "in the towns, parishes, hamlets, and fields of Spaldington, "Willytoft, Gripthorpe, Bubwith, Brighton, Southcave, and Replingham, in the said county of York, at the time of the "said recovery had, being the inheritance of the said Peter "Vavasor, Esq. other than such messuages, lands, tenements, "and hereditaments of the said Peter Vavasor, Esq. lately pur"chased of one Henry Johnson, Esq. by the names of the ma"nor of Spaldington, 40 messuages, 30 tofts, 30 gardens, three "dove-houses, one windmill, 2000 acres of land, five hundred "acres of meadow, two thousand acres of pasture, five hundred "acres of wood, two thousand acres of moor with the appur"tenances in Spaldington, Bubwith, Brighton, Willytoft, Grip"thorpe, Southcave, and Replingham, that the intent and true "meaning of all the said parties now is, and at the time of the "said recovery so had and suffered was, that the said Andrew, "William, Peter the younger, and John, and their heirs, and "the heirs of every of them, immediately from and after the "said recovery so had and executed, should and shall stand and "be seised of the said manor, and of all other the lands, tene"ments, and hereditaments, in the said recovery meant and in"tended to be comprised, that is to say, of and in the said ma"nor of Spaldington, with the appurtenances, and also of and "in the messuages, tofts, gardens, lands, tenements, and here"ditaments, with the appurtenances in Spaldington, Willytoft, "Gripthorpe, Bubwith, Brighton, Southcave, and Replingham, "at the time of the said recovery had, being the inheritance of "the said Peter Vavasor, Esq. the lands, tenements, and here"ditaments lately purchased by the said Peter Vavasor of Henry "Johnson, Esq. only excepted as is aforesaid, to the only uses "and intents hereafter by these presents set forth and declared, "and to none other uses, intents, or purposes: that is to say, "to the use of the said Peter Vavasor, Esq. for term of his na"tural life, withou impeachment of any manner of waste, and "after the decease of the said Peter Vavasor, Esq. then to the "use and behoof of the eldest son lawfully begotten of the said "Peter Vavasor, Esq. and of the heirs males of the body of the "said eldest son lawfully begotten: and for default of such issue "male of the body of such eldest son, to the use of the second "son of the body of the said Peter Vavasor lawfully begotten, "and of the heirs males of the body of the said second son lawful"ly begotten, &c. (and so to the 9th son of the said Peter). "And for default of such issue male of the body of such 9th "son, to the use of Edward Vavasor, brother of the said Peter "Vavasor, Esq. for term of his natural life without impeach"ment of any waste, and after his decease to the use of the el"dest son lawfully begotten of the body of the said Edward "and the heirs males of the body of the said eldest son lawfull 66 66 "begotten: and for default of such issue male of such eldest "*son, to the use of the second son of the body of the said [* 4 b.] "Edward Vavasor, lawfully begotten, and of the heirs males of "the body of the said second son lawfully begotten, &c. (and so "to the ninth son of the said Edward). And for default of "such issue male of the body of such ninth son, to the use "of George Vavasor, brother to the said Peter Vavasor, Esq. "for term of his natural life without impeachment of any waste, "and after his decease to the use of the eldest son lawfully be"gotten of the body of the said George Vavasor and of the "heirs males of the body of the said eldest son lawfully begot"ten and for default of such issue male of the body of the said "eldest son, to the use of the second son of the body of the "said George Vavasor lawfully begotten, and of the heirs males "of the body of the said second son lawfully begotten, &c. (and "so to the ninth son of the said George). And for default of "such issue male of the body of such ninth son, to the use of Ralph Vavasor, brother to the said Peter Vavasor, Esquire, "for term of his natural life without impeachment of any waste, "and after his decease to the use of the eldest son lawfully begotten of the body of the said Ralph Vavasor, and of the heirs "males of the body of the said eldest son lawfully begotten: "and for default of such issue male of the body of such eldest "son, to the use of the second son of the body of the said "Ralph Vavasor lawfully begotten and of the heirs males of the "body of the said second son lawfully begotten, &c. (and so to "the ninth son of the said Ralph). And for default of such "issue male of the body of such ninth son, to the use of Mar"maduke Vavasor, brother to the said Peter Vavasor, Esquire, "for the term of his natural life without impeachment of any "waste, and after his decease to the use of the eldest son law"fully begotten of the body of the said Marmaduke Vavasor, "and of the heirs males of the body of the said eldest son law"fully begotten, &c. (and so to the ninth son of the said Mar"maduke). And for default of such issue male of the body of "such ninth son, to the use of Robert Vavasor, brother to the "said Peter Vavasor, Esq. for term of his natural life without "impeachment of any waste, and after his decease to the use of "the eldest son lawfully begotten of the body of the said Ro"bert Vavasor, and of the heirs males of the body of the said "eldest son lawfully begotten, &c. *(and so to the ninth son of [* 5 a. ] "the said Robert). And for default of such issue male of the "body of such ninth son, to the use of Thomas Vavasor, bro"ther of the said Peter Vavasor, Esq. for term of his natural "life, without impeachment of any waste; and after his decease "to the use of the eldest son lawfully begotten of the body of "the said Thomas Vavasor, and of the heirs males of the body "of the said eldest son lawfully begotten, &c. (and to the ninth "son of the said Thomas). And for default of such issue male "of the body of such ninth son, to the use of Richard Vavasor, "brother to the said Peter Vavasor, Esq. for term of his natural "life, without impeachment of any waste; and after his decease, "to the use of the eldest son lawfully begotten of the body of "the said Richard Vavasor, and of the heirs males of the body |