but the townsmen of Diss objected against it, and stood an action with that King; but it appearing that the term of the feoffment was not expired, they could do no good in the affair, and it continued in the Crown until the forty-third of Elizabeth, in which year the Queen granted them to Thomas Mildmay, for divers years yet unexpired, at the yearly reserved rent of 4l. and Thomas, son of the said Thomas Mildmay, of Framlingham, Gent. succeeded his father under that grant, not thinking that the townsmen knew when this term expired; but he was much mistaken in that matter; for the original feoffment and writings (out of which I collected this account) were carefully kept and preserved; and in 1608, when the ninety-nine years of the feoffment were expired, John Shreeve and the rest of the townsmen entered upon the premises, ejecting the said Thomas Mildmay, and John Wood, his tenant, pleading that these lands were settled only for ninety-nine years to superstitious uses, and that during that time the priest had but eight marks, and when there were two, they had but twenty marks yearly, and that these stipends could be no longer than the settlement, which being now out, they entered upon these premises, as the purchase of their forefathers, the then townsmen, and would employ them (as lawfully they could do) to the same uses of repairing their church and their streets, as they always did. This they proved by an inquisition, taken at Hoxue, in the very year that Edward VI. seized it; they proved that it was purchased by the contribution of the townsmen, by the book in which all the contributors names were entered; and in order to prove John Shreeve's entry good, they produced feoffments, shewing that the feoffees, in the first feoffment above specified, did infeoff Thomas Shardelowe, and others, who in 1534 infeoffed Reginald Wotton and Roger Bird, priests, and others, and they conveyed it to Thomas Shardelowe, John Baron, and others, with one Robert Fuller, alias Garblesham, who was the last surviving feoffee, and died seized thereof, and Edward Fuller, his great-grandson and right lineal heir, entered into part of the lands in the name of the rest, and then by deed in 1589 infeoffed Matthew Wilbye and Thomas Shreeve, which Thomas died seized, and John Shreeve, his son, entered into the lands as his right, and brought the ejectment. All this being plainly proved, the lands were given by verdict to the town, and in the ninth Jac. I. the King, and the said Thomas Mildmay and John Wood, renounced all right, title, claim, or demand, in the said lands, or in the 4l. per annum stipend mentioned to go and be paid out thereof. This cost the parish so much, that in 1613 they sold to George Spaldyng part of this land, called Hellbrookfield, in Framlingham, containing ten acres, for 150l. with which they paid the charges, and then settled the rest by feoffment to the uses aforesaid, and then made a lease thereof to one Edward Wickham.
But though they had such success with this affair, they met with the contrary in relation to the other lands that were under the same limitation in the same feoffment, viz. a close called Chawmpenyes, in Diss and Frenze, and three pieces of land in Disse, at 18d. rent in Disse, Frenze, and Skole; the first piece laid in Diss, in Frenze-field, and contained three acres; the second piece one acre; the third piece two acres; for it appeared by feoffments, prior to this, that these lands were given without limitation, to find lamps, anniversaries, &c. for ever in Disse churche; whereupon Chawmpeneys meadow, which at that time was in the hands of the lord of the manor of Frenze, under the King's grant, was by arbitration confirmed to him and his heirs; and the other three pieces, which were then in the hands of Mr. James Blomefield, by the same arbitration was confirmed to him and his heirs, upon his paying 10l. to the church-wardens of Diss. Richard Gwine and Nicholas Hcarne, Esqrs. were arbitrators, their arbitration bearing date Jan. 9, 1610.
The lands that were given by Richard Edon, in 1494, to pay the leet fee, or common fine of Diss for ever, and to keep his obit, &c. were seized by Edward VI. and by
