MICHAELMAS 3 Jac. in the EXCHEQƲER.
IN an information for the King by the Attorney General against Sir Robert Iohnson for entrie into a house, and Close in Buckingham Town, called the Parsonage Close, in February 4. Iac. upon not guiltie pleaded a special verdict was found to this effect: that Queen Elizabeth was seised in fee, in right of her Crown of the late Prebends of Sutton Bucking∣ham, Horton, and Hordley in the Countie of Buck, where∣of the place where &c. is parcel, and she 20 Februarie 11. Eliz. granted to Hen∣ry Seymor Lord Seymor the said Prebends for life rendring 11. s. 4. for rent, and the Iurors say, that these Letters Patents, by the command of the said Lord Seymor were restored to be cancelled; and he being seised pro ut lex postulat, Queen Eliz. 21. Mar. 37. Eliz. reciting the former Patent, Quas quidem litte∣ras patentes, et totum jus, statum, titulum, terminum et interesse de et in prae∣missis praefatus dominus Seymor modo habens, et gaudens surfum rediddit et restituit cancellandum, to this intention nevertheless that we should make to him another patent, which surrender we accepted of by these presents; she by her pa∣tent under the great Seal aswell in consideration of the said surrender, as for other causes and considerations, demised and granted to the said Lord Seymor the said foure Prebends for his life, the remainder to Anthony Wingfield for life, the re∣mainder to Robert Iohnson for life rendring 90 l. 3 s. 3. d. for rent, and they found that there was not any actual surrender, or cancellation of the said Letters Patents of 11. Eliz. but restitut. ad cancellandum as before the making, and ac∣ceptance of the second Patent of 37. Eliz. and they found that there was not any Vacat made upon the inrolment of the Patent of 11. Eliz. and they found that 10. April 37. Eliz. Anthony Wingfield, and Iohnson granted to the Lord Sey∣mor for 90. years to commence after his death, or forfeiture of his estate, if Wing∣field, or Iohnson, or one of them should so long live, and 20. April the same year the Lord Henry Seymor granted to Sir Robert Iohnson for 60. years to begin after the death of the said Seymor, rendring 400. l. rent to him his Execu∣tors or assignes; the Lord Seymor died 4. Iac. and Sir Robert Iohnson entred, upon which entrie this information was brought: nay, that the Defendant is guil∣tie, and he divided the case into two points. First, if there be any actual surrender of the patent of 11. Eliz. because there is not any record thereof, and the King cannot take by bargain or contract if there be not a record of it, as appears by 5. E. 4. and 7. E. 4.6. and Plowden in the Dutchy of Lancasters case, for as it is there said, it agrees with the Majestie of the King to have a record of things