] to him paid by the feoffees, of which sum he made
acquittance in the same deed (although in fact and in truth not a
half-penny was paid), gave, granted, and confirmed &c "habendum
eir et hoeredibus suis in perpetuum, ad proprium opus et usum
ipsorum A. B. et C. in perpetuum," and not "hoeredum suorum,"
together with a clause of warranty to them, their heirs and
assigns, in forma proedicta: and notwithstanding this feoffment he
occupied the land with sheep, and took other profits during his
life; and afterwards his death was found on a diem clausit
extremum by office, that he died seised of the said manor in fee,
and one I. Wilkes his brother of full age found his next heir, and
a tenure in capite found, and now within the three months the said
feoffees sued in the court of wards to be admitted to their
traverse, and also to have the amnor in farm until &c. And
although the said I. Wilkes the brother had tendered a livery, yet
he had not hitherto prosecuted it, but for cause had discontinued.
And whether now the master of the wards at his discretion could
remove the feoffees by injunction out of possession upon
examination of the said consideration of the said feoffment which
was false, and none such in truth, and retain it in the hands of
the Queen donec et quousque &c. was a great question. And by the
opinion of the learned counsel of that court he cannot do it, but
the Queen is bound in justice to give livery to him who is found
heir by the office, or if he will not proceed with that, to grant
to the tenderers the traverse, and to have the farm, &c.
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