possession of the said T. by that grant ever passed into those Tenements with the appurtenances before the said time in which c. entred upon the possession of which said T. thereupon they the said T. and I. afterwards that is to say in the same time in which c. into the said Tenements with the appurtenances entred and the said close as the proper close of them the said T. and I. did break and the said Grasse as the proper grasse of the said T. and J. then and there growing with the said Cattell did eat up tread and consume and the said Ground as the proper ground of them the said T. and J. then and there with the Plough aforesaid did rip up and also the said underwood as the proper underwood of them T. and J. then and there growing did cut down and carry away as to them it was lawfull and this c. and whereupon c. Plaintiff saith that well and true it is that the Tenements are customary lands c. but saith that within the said mannor it hath been a custome that if any customary Tenant should inhabit by one year without the Mannor then the Lord might enter and him thereof expell OUght not to be precluded because he saith that well and true it is that the said Tenements with the Appurtenances whereof c. are and from all the time aforesaid were parcell of the Mannor of Bromefeild aforesaid of which said Mannor with the appurtenances the said T. S. late Prior of the said late Priory of the blessed Mary of B. aforesaid before the said time of the said Trespasse done was seized in his Demesne as of Fee in the Right of his said Prioty and that the said Tenements with the appurtenances in which c. are and from all the time aforesaid were demised and demisable by the Lord of the said Mannor or by his Steward of the court of that Mannor for the time being by copy of Court Roll of the said Mannor unto whatsoever Person or Persons willing to take the same in fee simple fee-tail for tearm of life or yeares at the Will of the Lord according to the custome of the said Mannor and him the said Prior so thereof being seized the said late Prior before the said time in which c. that is to say at the court of him the said late Prior at that mannor held the said Wednesday in the said Match of Saint George in the twenty eighth year of the Reign of the said now King by the said T.C. than his Steward of his said mannor granted the said Tenements with the Appurtenances whereof c. unto the said R. Davyes and Jo then his wife and to the aforesaid John Son of the same R. and I. To have and to hold to them and either of them longer living successively at the will of the Lord according to the custome of the said mannor By pretence of which said Grant the said R. I. and J. were seized of the said Tenements with the appurtenances whereof c. in their demesne as of Freehold at the Will of the Lord according to the custome of the said Mannor and them the said R. J. and I. so thereof being seized the said R. and John afterwards and before the said time in which c. dyed and the said Joane them survived and held her self in in the said Tenements with the Appurtenances and was thereof seized in her demesne as of freehold at the VVill of the Lord according to the custome of the said Mannor by the right of increase and shee the said I. so thereof being seized the same J. before the said time in which c. took to husband the said T.N. by which they the said T. and J. were seized of the said Tenements with the appurtenances in their demesne as of Freehold in the Right of him the said I. at the will of the Lord according to the custome of the said Mannor in manner and forme as the said T. and I. before inpleading have alleadged Custome that any customary Tenant doth abide without the mannor by a year and a day then it shall be lawfull to the Lord of the mannor to seize his customary Tenements And further the said C. saith that in the said mannor it hath and from the time the contrary of which c. it had such custome that is to say that if any customary Tenant or Tenant by copy of Court Roll of the same Court doth abide or inhabit within any other Mannor without this mannor of B. by the space of one year and a day without the license of the Lord or that Mannor that then it shall be lawfull unto the Lord of the said mannor for the time being into all and singular his Lands and Tenements by copy of court Roll of the said mannor in any manner whatsoever demised to re-enter and such Tenant by occasion of the Premises thereof wholly to expell and amove and the same Lands and Tenements to him and his heirs to have again re-enjoy and re-possesse the said custome notwithstanding And the said C. further saith that before the said time in which c. the said mannor with the appurtenances by the Dissolution of the said late Priory came to the hands and possession of the said now King by which the said now King was seized of the said mannor with the appurtenances whereof c. in his demesne as of Fee in the Right of his Crown of England and him the said King so thereof being seized the same late King before the said time in which c. by his Letters Patents here in court offered whose date is at Westminster the twentieth day of Ianuary in the one and thirtieth yeare of his Reigne for diverse causes and considerations him the late King specially moving and out of his certain Knowledge and meer motive did give grant and to Farme-let unto the same C. his Executors and Assignes the said Mannor with the Appurtenances whereof c. to have and to hold unto the same C. his Executors and Assignes from the Feast of Saint Michaell the Arch-angell then next following untill the end and Term of eighty nine yeares then next following and fully to be compleat By vertue of which said giving granting and to Farm-letting the same Charles was of that Mannor with the Appurtenances whereof c. amongst other things possessed And because the said T. and J. do inhabit without the said Mannor of B. that is to say at C. in the said County within the Mannor of C. by the space of one yeare and one day that is to say from the two and twentieth day of Aprill in the fourth yeare of the Reigne of the said now King untill to the foure and twentieth day of Aprill in the fifth yeare of the same Reigne of the said now King then next following against the Custome of the said Mannor the said C. afterward and before the said time of the said
dayes of St. Michael wheresoever c. 24. c. of the visonage of H. by whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid c. And as to this that the aforesaid W. allegeth that there is had such a Record in which is contained that he together with other c. were sworn c. And calls that to be upon Record in the Rols of the aforesaid late Iustices of the Peace under the custody of the Iustices of the Peace of our Lord the King that now is in the County aforesaid residing It is said by the Court here that the same W. have that Record at his Perill before our Lord the King at the aforesaid dayes of St. Michael if it shall seem expedient unto him and upon this the same W. prayes a Writ of certiorare c. And it is granted unto him By which command is to the same Justices of our Lord the King that now is that having searched the Rols and other their Remembrances in their custodie being of Record and what thereupon of the premises they shall find in them to our Lord the King at the aforesaid eight dayes of St. Michael they send the same day is given to the parties aforesaid c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the aforesaid Thomas Dorham lately Iustice of the Peace of the aforesaid late King and Iustice of the peace of our said Lord the King that now is to whom the Writ of our Lord the King that now is was directed to certifie c. To him the said Lord the King hath certified as followeth In the Inquisition c. And as to that that it was commanded the Sheriff that he should cause to come between the said R. and I. 24. c. to make the Iury aforesaid And the Sheriff returns the names of the 24. whereof none c. Therefore command is given to the Sheriff that he destrein them c. that they be before our Lord the King in eight dayes of St. Hilary wheresoever c. to make the Iury aforesaid the same day c. that is to say aswell to the aforesaid I. thereupon as to the said W. in the state they are now in of hearing the aforesaid certifying because the Court is not advised c. A Declaration in the nature of Conspiracy for cousening one to be falsly Indicted for a common Barenton Trin. 1. Jacobi Regis Rot. 869. LOndon ss William Berkwith complains of R. P. L. G. and E. M. in the custody of the Marshall c. for that whereas the same W. was a good true and lawfull c. And of a good name same and reputation c. and without any crime of Baretory seditiousness or causer of any Murder Manslaughter or disturber of the peace of our Lord the King untouched unaccusused and unspotted hath hitherto remained By reason whereof c. yet the aforesaid Defendants not ignorant of the premises plotting c. such a day and year at London in the Parish of St. Laurence in the old Iury London in the Ward of Cheap London before R. Salstonstall then Maior of the City aforesaid W. VVeb and I. Spencer Knights Iustices of our Lady the Queen for the keeping of the peace in the Citie aforesaid and the Suburbs of the same as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours within the same City and the Suburbs thereof made and committed falsly and maliciously they caused and procured to be Indicted for that he the aforesaid Plaintiff such a day and year aforesaid having not God before his eyes but moved and seduced by a diabolicall instigation at London that is to say in the Parish of St. Sepulchers without Newgate in the Ward of Farington without in the Suburbs of the City of London aforesaid and divers other dayes and seasons aswell before as after that time within D. aforesaid was and yet is a very evill person of dishonest name fame and conversation a common Baretor and a great disturber of the Peace of our Lady the Queen so that he is very like to make and cause murder manslaughter strifes discords and other great grievances between the true and faithfull subjects of our Lady the Queen that now is to the great damage and hurt of the good and faithfull subjects of our said Lady the Queen and to the most pernicious example and evill encouragement of all other Malefactors in the like kind and against the peace of our said Lady the Queen her Crown and dignities as also against the form of the Statute in the like case published and provided Upon which afterwards command was to the Sheriffs of London by the Writ of our Lady the Queen that they should cause the aforesaid W. to come before the Justices of our Lady the Queen at the Gaol delivery of Newgate held for the City of London at the Justice Hall in the Old Baly in the Parish of St. Sepulchers in the Suburbs of the City aforesaid on Wednesday the 15. day of February in the 40. l. year aforesaid before R. Salstonstall Maior of the City aforesaid John Popham Knight chief Justice of the Pleas c. E. Anderson Knight chief Justice of the Common Bench Francis Darcy Knight R. Martyn Knight I. Hart Knight W. Web Knight John Croke Recorder of the City aforesaid S. Somes and N. Moseley Aldermen of the City aforesaid M. Dale and I. Dalton Esquires Justices of the Lady the Queen assigned for her Gaol delivery of Newgate aforesaid of the Prisoners therein being the aforesaid Plaintiff under the Custodie of H. Rowe and I. Moore Aldermen and Sheriffs of the City aforesaid at the Bar then and there brought in proper person before the aforesaid Iustices and then and there had to hear the Indictement aforesaid said that he of the Trespass and contempt in the Indictement aforesaid above specified was in nothing thereof guilty as in the Indictement aforesaid was supposed and of that he then put himself upon the Country and the aforesaid Queen in like manner c. Therefore it was commanded the aforesaid Sheriff of the City aforesaid that they cause to come before the Iustices aforesaid thereupon a Iury there immediatly and who neither c. To Recognize c. Because aswell c. And the Iurors of that Iurie by the aforesaid Sheriffs of the City aforesaid to that impanelled and called in like manner then and there came to wit I. L. T. R. c. and so recite the Iury who to speak to the truth of the premises in the Indictment aforesaid specified being chosen tryed and sworn said upon their oaths that the aforesaid Plaintiff was not guilty of the Trespass and contempt aforesaid in the Indictement aforesaid specified as by the same testimony was supposed Therefore it was then considered by
thing pre-alledged ought not to bee debarred from having his action aforesaid of the breach of the house aforesaid against the aforesaid Defendant because he saith that the same Defendant of his owne proper injury the said time wherein c. by force and armes aforesaid the house aforesaid he did in manner and form as the same Plaintiffe above against him complaineth Without that that the same Plaintiffe licensed the aforesaid Defendant to enter the house aforesaid Traverse as the same Defendant above by pleading hath alledged And this c. Whereupon for that the same Defendant the Trespasse aforesaid above acknowledgeth he prayeth judgement and his Damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid Defendant as formerly saith Issue upon the Traverse that the aforesaid Plaintiffe licensed him the said Defendant to enter into the house aforesaid in the forme wherein he the Defendant above by pleading hath alleadged And of this he puts himselfe upon the Country And the aforesaid Plaintiffe in like manner c. Therefore the Jury is to come between them c. AND the aforesaid R.P. and I.R. by L.S. their Attorney come and defend the force and injury when c. Iustification for that the Plaintiffe was suspected for a Felâ—â— And as to the coming by force and armes and whatsoever which is against the peace of our Lord the King that now is as also the Trespasse aforesaid of woundings supposed to be made sayes that he is in nothing thereof guilty And as to the residue of the Trespasse aforesaid above supposed to be done the same R. and I. say that the aforesaid W. ought not to have his action aforesaid against them because they say that long before the said time wherein the trespasse aforesaid was supposed to be made to wit the tenth day of January in the eighth yeare of the reigne of our Lord the King that now is one I.S. at Norwich aforesaid in his house there was feloniously spoiled and robbed of two silver Spoons to the value of 10 s. And that the aforesaid W. divers daies and times before the felony aforesaid made frequented the house of him the said I.S. aforesaid suspiciously without any reasonable cause there to be had And that the aforesaid W. R. the said time of the felony aforesaid done was in the house of the aforesaid I.S. by which the same R. and I.R. had suspicion the aforesaid W.R. to have committed the felony aforesaid And that the aforesaid R. and I.R. the same time wherein c. being then Sheriffes of the City aforesaid softly laid their hands upon him the said W.R. the same time wherein c. And the same W. R. for suspicion of the Felony aforesaid the same time wherein c. they tooke and him the said W. to the Goale of our Lord the King within the City aforesaid there to be safely kept for the same Felony the said time wherein c. they lead and imprisoned as it was lawfull for them to doe which said softly laying on of their hands of them the said R. and I.R. upon the aforesaid W.R. and the taking of him the said W. R. and the leading and imprisoning of him out of the cause aforesaid are the same assault beating and imprisonment whereof the aforesaid W.R. above complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid W.R. ought to have his action aforesaid against them c. AND the aforesaid Plaintiffe sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid against them because he saith that the aforesaid R. and I. R the day and yeare aforesaid of his own proper injury by force and armes without any such cause by them the said R. and I.R. above by pleading alleadged on him the said W.R. at Norwich aforesaid they made an assault and him did beate wound imprison and evill intreate in the manner and forme as the aforesaid W.R. above against them complaineth And this he prayeth may be enquired of by the Country c. Iustification upon imprisonment and assault by vertue of a Warrant of the Peace Mich. 8. Hen. 8. Rolle 77. Staff ss AND the aforesaid H.W. by W.F. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes or whatsoever is against the peace c. not guilty and as to the residue of the Trespasse aforesaid above supposed to be done the same H. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that long before the said time wherein the trespasse aforesaid was supposed to be done on I.W. at Stafford in the County aforesaid came before R W. then one of the Justices of the Peace of our Lord the King assigned in the County aforesaid to be kept and there tooke his corporall oath that he grievously and manifestly went in danger of his life and maiming of his members by the aforesaid R.C. By which he the same I.W. long before the said time wherein c. at Stafford aforesaid at the Petition of the aforesaid I.W. directed a certaine precept of our Lord the King to the aforesaid H. W. then being Bailiffe of R. and to the Constable of R. aforesaid and to either of them joyntly and divided commanding them by that precept that they cause to come the aforesaid R. C. before the aforesaid R. W. or one of his Companions Justices of the peace of our Lord the King in the County aforesaid to find sufficient security of the peace of our Lord the King towards the Lord the King and all his people and cheifly against the aforesaid H.W. to be given And if the same R.C. should refuse to doe this then the same H. and the aforesaid Constable the same R.C. unto the next Goale of our Lord the King in the County aforesaid should cause to bee led or one of them should cause to be led there to stay untill he would freely doe this By reason of which precept the aforesaid H.W. before the said time wherein c. did repair to the aforesaid R.C. at R. aforesaid and shewed to the aforesaid R.C. there the precept aforesaid then and there further requiring the same R. to find before the said R. W. or one of his companions Justices of the peace of our Lord the King in the County aforesaid then being to find security for bearing the peace of our Lord the King in form aforesaid and the same R. this to do then at R. aforesaid upon which the same A.W. him the said R. then and there the said time wherein c. arrested and him in bringing towards the prison of our Lord the King at the Castle of Stafford in the County aforesaid imprisoned by the time aforesaid and his hands upon him the said R. in that arresting and leading did softly lay as it was lawful for him
that he had him now here ready upon which the same Defendant is Committed to the Prison c. by occasion of the Premisses to stay untill c. Commitment after Iudgement AFterwards to wit such a day then next following before c. Came the aforesaid I. in his proper person and rendred himself to the person of the Marshall of the Marshallsee of our Lord the King for the debt and damages aforesaid Upon which the same I. is committed to the Marshall of the Marshalsee c. in Execution for the debt and damages aforesaid There to remain untill c. ACTIONS OF ERROR ERROR AFterwards to wit such a day c. Error alleged in assault and batterie in the judgement that the Entrie was that the partie be taken when the cause of action was before a general Pardon in this self-same Term before our Lady the Queen at Westminster came the aforesaid Nicholas Stoddard by William Man his Attorney And sayes that in the Record and Processe aforesaid as also in the rendring of the judgement aforesaid it is manifestly Erroneous in this That whereas in every judgement Entred or to be Entred in Trespass and Assault after the generall pardon of our Lady the Queen that now is by Act of Parliament of Trespass and assault made before the same act of Parliament the judgements so Entred and to be Entred ought to be Entred And nothing of fine of the aforesaid Defendant because he is pardoned and not that he should be taken yet after the generall Pardon of our Lady the Queen that now is had and Enacted in the Parliament of our Lady the Queen that now is at Westminster in the County of Middlesex the twenty fifth day of October in the thirty ninth year of the Reign of our Lady the Queen that now is the Judgement aforesaid was Entred against the aforesaid Nicholas in the Plea aforesaid that he the said Nicholas should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid in the Record aforesaid specified which was long before the aforesaid act of Parliament of the generall Pardon aforesaid And so that Judgement is void in Law Also it is Erronious in this for that whereas the aforesaid John S. the aforesaid Term of Easter Error also for want of admission by Procâ—â—in amy the partie being within age in the aforesaid forty first year of the Reign of the Queen had prosecuted by John Mallows and William Evoring as the next kinsmen of him the said John yet there is not had any Record of the admission of the aforesaid I. S. being an Infant in form aforesaid to prosecute the Plea aforesaid by his next kinsmen aforesaid under the names of any of the Prothonotaries of the Common Bench Entred as by the Law and Custom of the Court of our Lady the Queen of Common Bench aforesaid it ought to be Entred And prayes a Writ of our Lady the Queen to the aforesaid Edmond Anderson Knight Chief Justice of our Lady the Queen of the Common to whom it belongs to make Certificates in that behalf to certifie our Lady the Queen thereupon more fully the truth And it is granted unto him c. By which it is Commanded the aforesaid E. Anderson Chief Justice of the Bench aforesaid That having searched the Rolls Certiorare to the Chief Justice awarded to certifie c. under the names in the Offices of the Prothonotaries aforesaid of the admission of Infants to prosecute by their next kinsmen of the Term and year aforesaid And what of the admission aforesaid in the same he shall find he should certifie forthwith to our Lady the Queen wheresoever c. together with the Writ to him directed The Certificate of the Chief Justice c. Which said Chief Iustice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon directed certified to her the said Lady the Queen that having searched the Rolls of the Entries of every of the Prothonotaries aforesaid in the aforesaid County of Suffolk of the Term and year aforesaid in his Custody of Record remaining he found not in the same any Entrie of the admission of the aforesaid I. S. to prosecute by I. M. and W. E. the next kinsmen of him the said I. being within age against the aforesaid N. S. of the aforesaid Plea as by the aforesaid Writ it was Commanded unto him which said Writ is Filed amongst the Records without day of this Term Upon which the aforesaid N. S. prayes a Writ of our Lady the Queen to warn the aforesaid I. S. of being before our Lady the Queen to hear the Record and Processe aforesaid And it is granted unto him c. By which it is Commanded to the Sheriff that by honest men c. he make known to the aforesaid I. S. that he be before our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. to hear the Record and Processe aforesaid if c. And further c. The same day is given to the aforesaid N. S. c. Denâ—rrer in Law to the first matter of the Errors And the aforesaid I. S. by T. Bland his Attorney comes and as to the aforesaid first matter by the aforesaid Nicholas above for Error in form aforesaid assigned For that that after the Generall Pardon of our said Lady the Queen that now is had and enacted in the aforesaid Parliament of our Lady the Queen that now is at Westminster aforesaid the aforesaid twenty fifth day of October in the thirty ninth year of her Reign aforesaid the judgement aforesaid was entred against the aforesaid N. in the Plea aforesaid that he the same N. should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid which was long before the aforesaid Act of Parliament of Generall pardon aforesaid The same I. by Protestation that that matter for that Error in form aforesaid assigned is insufficient in the Law to maintain the aforesaid Writ of Error of him the said N. in that behalfe To the which he the said I. hath no necessitie nor by the Law of the Land is bound in any manner to rejoyn for Plea yet he saith that in the aforesaid Court of Bench aforesaid there is had The Custom of the Common Bench alleged for the manner of Entring judgment in the Case and time out of mind there hath been had such a Custom used and approved That is to say that the Clerks of the same Court who for the time being are assigned and allowed to enter and Record any Iudgements in the same Court from time to time rendred and to be rendred were used and accustomed in the Entries of the Rolls and Records of the same Court of the Judgements rendred in the same Court upon any action of Trespass against the Defendant
the judgement in the same Record was rendred that he should be taken as if it were entred in the same Record within And nothing of Fine of that party because he is pardoned as the aforesaid I.S. by his Plea aforesaid above hath alleged And further the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the aforesaid Writ of our Lady the Queen further certifies that having serched the Rolls of Robert Berners Phillizer of the County of S. of the Term of Easter in the 41. year of the Reign of our Lady the Queen that now is he finds as within in these words appears That is say Pleas at Westminster before Edmund Anderson Knight and his fellows Justices of our Lady the Queen of her Bench here of the Term of Easter in the Reign of our Lady Elizabeth by the grace of God c. the 41. Roll 386. The Entry of the Warrant of admission with the Phillizer ss IOhn Mallows and W. E. are admitted by the Court of our Lady the Queen here to prosecute for I. S. who is within age as the next of Kindred of him the said I. S. against N. S. lately of c. Gentleman of a Plea of Trespass and assault Which said Writ so as aforesaid returned amongst the Records of this Court is filed Upon which the aforesaid I. S. sayes that in the Record and Process aforesaid nor in the rendring of the judgement aforesaid there is nothing erroniouâ— and prayes that the Court of our Lady the Queen here may proceed unto examination aswell of the Record and Process aforesaid as of the matters aforesaid above for errors assigned and that the judgement aforesaid may be affirmed And because the Court of our the Lady the Queen here of their judgement of and in the premises to be rendred are not as yet advised day thereupon is given to the parties aforesaid before our Lady the Queen untill eight dayes of St. Michael wheresoever c. of hearing thereupon their judgement for that the Court of our Lady the Queen here thereupon are not as yet At which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid and upon this all and singular the premises being by the Court of our Lady the Queen here seen and fully understood and mature deliberation thereupon had for that that it seems to the Court of the Lady the Queen here that aswell the aforesaid Writ of Certiorare to the aforesaid chief Justice of the Common Bench in form aforesaid issued and directed as the aforesaid answer of the same chief Justice of the Bench unto that Writ as now it remains filed upon Record before our Lady the Queen does not sufficiently and fully agree and answer the aforesaid allegation of the aforesaid I. S. as to the aforesaid custom oâ— the said Court of Bench for the entring of an admission of an Inâ—ant to prosecute by his next of Kindred in any his Pleas in the Rolls of the same Court where the Declaration of such infant is entred and enrolled by the aforesaid I. S. above a leged so that the same Court of our Lady the Queen before her the said Queen here for the incertaintie of the truth of such custom of the said Court of Bench in that behalf in form aforesaid alleged to their judgement of and upon the premises aswel on the part of the aforesaid N. S. in deniall as on the part of the aforesaid I. S. in affirmation to the judgement aforesaid above alleged cannot proceed Without more full information of the consciences of the Justices And that the Court of our Lady the Queen here before her the said Queen of the truth of the custom of the said Court of Bench in that behalf above alleged An Alias Cerâ—orare warded Therefore it is commanded the aforesaid chief Justice of the Bench aforesaid that he the full and whole certaintie and truth of the aforesaid custom of the said Court or Bench of the entrie of the admission of Infants to prosecute by their next of Kindred in personall Pleas in the same Court by the aforesaid I. S. above alleged to our Lady the Queen aforesaid from the day of St. Hilary in fifteen dayes wheresoever c. doe certifie together with the Writ thereupon to him directed c. The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid Chief Justice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed to her the said Lady the Queen at Westminster aforesaid at the same day certified The Return of the Cerâ—â—rare that in the said Court of our Lady the Queen of the Bench is had and from the time out of mind there hath been had such a custom used and approved in the same Court of Bench that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next of Kindred in any Plea entred and inrolled and to be entred and inrolled have been used and accustomed in the Roll where the Declaration in that Plea is entred and inrolled Which said Writ so as aforesaid returned together with the return thereupon amongst the Records of this Court is filed And upon this the aforesaid I. S. further prayes that the Court of our said Lady the Queen here may proceed to the Examination aswell or the Record and Process aforesaid as of the aforesaid matters above for errors assigned and that the judgement aforesaid may be affirmed and because the Court of our said Lady the Queen here are not as yet advised of and upon the rendring their judgement of and upon the premises day is thereupon further given to the parties aforesaid before our Lady the Queen Mich. Term 41. 42. Judgement was affirmed in this cause Roll. 417. untill from the day of Easter in fiftteen dayes wheresoever c. of hearing thereupon their judgement For that the Court of our said Lady the Queen here thereupon as yet have not c. ss AFterwards to wit on Saturday the 9. The affirmation of a judgment upon a Wâ—t of Error out of the Kings Bâ—â—ch into the Exchequer Chamber day of February in the 2. year of the Reign of our Lord the King that now is The transcript of the Record and Process aforesaid between the parties aforesaid with all things touching them by reason of a certain Writ of our Lord the King of correcting error by them the said Thomas Scot Elizabeth and Thomas Forn of and upon the premises prosecuted before the Iustices of our said Lord the King of his Common Bench and the Barons of the Exchequer of our said Lord the King in the Exchequer Chamber aforesaid according to the form of the Statute in the Parliament of the
A. long before the said time in which c. was thereof possessed which said Term doth as yet indure And so the said A. saith that she hath nothing in the said tenements with th' appurtenances unles to the end of five years in form aforesaid the reversion whereupon being expectant after that term unto the aforesaid S. W. and his heires without which said S. she the said A. saith that she to the knowledge of the said R. and T. cannot answer and prayeth Ayd of him the said S. and hath c. Therefore the Sheriff is commanded that he summon by good summons the said S. that he be before the said King in Eight dayes of the Holy Trinity wheresoever c. to answer to the said knowledge of the said R. and T. together with the said A. if c. The same day is given to the said parties c. Cornub. Declaration in a writ of recaption of Cattle and that they were taken hanging another Plea for the same Cattle undetermined and for which Cause they were before taken M. 20. h. 7. to 75. ss I. C Esquire T.C.J.H.J.D.J.W. and W. A were attached to answer aswel unto the Lord the King as unto J.G. Esquire of a Plea wherefore whereas the said J.C. and the others were formerly summoned to be in the Court of the said King before him the said Lord the King on the Morrow of all Souls last past wheresoever c. to answer unto the aforesaid J.G. of a Plea wherefore they took the Cattle of him the said J.G. and them unjustly detained against the Sureties and pledges which the Sherif of the said Lord the King of the said County had made to replevy to him the said J.G. as the King had accepted which said Plea between him the said J.G. and J.C. in the Court of the Lord the King here as yet doth hang undetermined Notwithstanding the said J.C. and others hanging the said Plea the Cattle of him the said J.G. again took for the same occasion which before they had taken the same c. Which thing is manifest against the Law and Custome of the Kingdom of the Lord the King of England And whereupon the said J.G. who aswell for the Lord the King as for himself prosecuteth by J. H. his Attorney Plaintif that whereas the said J.C. and the others formerly that is to say in the Term of St. Hillary in the year of the reign of the now King ninteenth were summoned to be in the Court of the Lord the King here before his Justices assigned to hold Pleas before him the Lord the King to answer unto the said J.G. and them unjustly detained against the sureties and pledges which the Shreif of the said Lord the King of the said County had made unto the said J.G. to replevy and the King had accepted which said Plea between him the said J.G. and the said J. C. and the others in the Court of the said King here as yet doth hang undetermined Notwithstanding they the said J. C. and the others hanging the said Plea the Cattle of him the said J. G. that is to say ten Oxen Eight heyfers two horses and a hundred sheep again that is to say the twentieth day of May in the nintteenth year of the Reign of the Lord the now King at E. neer Moreball in which the Cattle in a place called the Widl-Park they took for the same occasion which before they had taken them c. Which is manifestly in Contempt of the said King and against the Law and Custome of the Kingdom of him the said King of England whereupon he saith he is the worse and hath damage to the value of forty pounds And thereupon he bringeth his sute c. ss AND the said I. Copleston T. Colpeston I. Horn I. Davy Some of the defendants plead that they did not take the Cattle As c. I. Welch and W. Atwood by W. Fisher his Attorney cometh and defendeth the force and injury when c. And the said I. Davy I.W. and W. A. say that they did not take the said Cattle as the said I.G. before against them Complaineth And of this they put themselves upon the Countrey And the said I.G. likewise c. And they the said I.C.T.C. and I.H. as to the taking and detention of the said Cattle supposed to be done they say that the said I. G. ought not to maintain his action because they say that the place in which that trespas is supposed to be done is and at the said time in which c. was one messuage a hunded The rest of the defendants plead that they took the Cattle in the name of a distress for dry Rent in arrear as servants of the other and justifie perscridtion acres of land six acres of meadow six acres of wood and twenty acres of Heath and furzes with th' appurtenances in G. aforesaid called Wilpark of which said messuage land and tenements the said J. E. is and at the said time in which c. was seised in his demesn as of fee And that the said I. Colshill and all his Predecessours whose heir he is long before the said time in which c. were seised in their demesn as of fee of a certain Annuall rent of forty shillings coming forth of the said tenements to be perceived yearly to him and his heirs at the feasts of the Nativity of St. Iohn the Baptist of St. Michael Arch-angell the Nativity of our Lord and of Easter with equall portions to be paid from the time of which the memory of man is not extant And the said I.C. and all his Predecessors whose heir he is from all the said time of which the Memory of man is not extant used to distrein in the said tenements with th' appurtenances for the said Rent as often as that Rent at any feast of the said Feasts should be in arrear and the Distresses thereupon to take lead drive away and wholly to themselves to retein untill the said yearly Rent and the Arrearages thereof if any there were should be satisfied And the said I. C. so thereof seized dyed of such estate thereof seized after whose death the said Annuall Rent long before the said Retorn in which c. descended unto one Agnes Wife of the said I. Broker Descent Esquire as Cosin and Heir of the I. Colshill that is to say Daughter of Ranfrid son of Iohane sister of I. Colshill by which the said I. Broker and Agnes long before the said time in which c. were of the said Annuall Rent of 40. shillings seized in their Demesn as of Fee in Right of the said Agnes And because 30. shillings of that Rent after the death of the said I. Colshill at the Feast of the Nativity of St. Iohn the Baptist of St. Michael the Arch-Angell and the Nativity of our Lord next before the said taking supposed to be done that is to say next before the 20. day of
or Tallage thereof unto any person or persons rendring without any Contradiction by pretence of which the said N. as a free Burgesse of the said Burrough of B. at H. aforesaid in the said place in which c. the said ninth day of August in the fourth year of the Reign of the said now King aforesaid did buy the said two One Skins and of those Skins was possessed untill the said P. of his own Wrong and without lawfull Cause at H. aforesaid in the said place in which c. those Skins out of the possession of him the said N. did take And this he is ready to prove whereupon from the said P. his taking of the said two Oxe skins in the said place in which c. before acknowledged the said N. prayeth Judgement and his Damages by occasion of the said Oxe skins to be adjudged unto him c. And the said P. as before saith that the said Town of H. is and from all the time aforesaid was an antient Burrough of Maior Bailiffs and Burgesses of the said Town of H. within which said Town the Mayor Bailiffs and Burgesses and all their Predecessors Mayors Bailiffs and Burgesses of that Town for the time being from the time abovesaid had and used to have a certain Market on every Saturday in the year in which said Market they the said Maiors Bailiffs and Burgesses did take and have accustomed to take the said Toll of all and all manner Oxen and Cowes Hides of whatsoever person or persons of the same Toll not lawfully discharged or otherwise with the same Maior Bailiffs and Burgesses of the same Toll agreed and accorded within the Precinct of the same Town that is to say of every buyer of every Oxen and Cowes Hide in the said Market so fold unto any person or persons Foreiners one half-peny and if any refused to pay that Toll then the said Maior Bailiffs and Burgesses and all their Predecessors Maiors Bailiffs and Burgesses of the said Town of H. for the time being for all the time aforesaid used and were accustomed by themselves their Officers or Servants within the said Town or within the Precinct of the said Town to take and keep such Oxen and Cowes Hides so in the said Market being sold untill the said Toll thereof be paid Without this Without this that the said Maior Bailiffs and Burgesses of the said Town of Bobmyn used and from the time of which c. accustomed to buy and sell all and singular Merchandizes Affairs and Wares within the said Town of H. without Toll or Tallage to be rendred unto any person or persons as the said N. afore hath alleged And this he is ready to prove whereupon he prayeth Judgement and the Retorn of the said two Skins to be adjudged unto him c. And the said N. as before saith that the said Maior Bailiffs and Burgesses of the said Town of B. had used and from the time of which c. they accustomed to buy and sell all and singular Merchandizes Affairs and Wares within the said Town of H. without Toll or Tallage thereof unto any person or persons to be rendred as he afore hath alleged And this he prayeth that it may be inquired of c. ss T. K. was Summoned to answer unto I. N. and I. F. of a Plea wherefore he took the Cattell of him the said I. and the other and the same unjustly deteyned against the Sureties and Pledges c. Defendant as to one One saith that he did not take and as to the other that he took it by the name of a Heriot And the said T. L. by J. G. his Attorney commeth and defendeth the force and wrong when c. and as to the taking of one Oxe of the said Oxen the said T. saith that he did not take the said as the said J. and J. before against him do Complain And of this he putteth himself upon the Countrey And the said I. and I. likewise c And as to the taking of the other Oxe of the said Oxen the said T. doth well avow the taking of the said other Oxe in the said place in which c. and justly c. because he saith that long before the taking of the said other Oxe before supposed one J. G. was seized of one Messuage with th'appurtenanees in W. aforesaid in his Demesn as of Fee and so seized held the same of the same T. by Fealty and the Rent of eight pence unto him the said T. every year at the Feasts of the Annunciation of the blessed Mary c. and of St. Michael th'Arch-angell to be paid by equall Portions and also by Service that every Tenant of the said Messuage with th' appurtenances thereof seized in his Demesn as of Fee or in use from the time of which Contrary c. he ought and had accustomed to render unto the said T. and his Heirs the best living of the same Tenant of the said Messuage with th' appurtenances so thereof dying seized in his Demesn as of Fee or in use by the name of Heriot of which Services the said T. was seized by the hands of the said I. G. as by the hands of his true Tenant that is to say of the said Fealty as of Fee and right and of the said Rent in his Demesn as of Fee And afterward the said I. G. dyed of the said Messuage with th' appurtenances seized in his Demesn as of Fee And because the said other Oxe was the proper Oxe of the said I. G. at the time of his death the said T. that Oxe as the best Animall which was of the said I. G. at the time of his death by the name of a Heriot he took and justly c. Plaintif saith that the Messuage c. is without the Fee Lordship of the Defendant And they the said I. N. and I. F. say that the said T. L. by any matter before alleged the taking of the said other Oxe residue of the said two Oxen ought not to avow just because he saith that the said Messuage with th' appurtenances is and at the said time in which c. was without the Fee and Lordship of the said T. and not within And this he is ready to prove whereupon from what the said T. L. the taking of that Oxe before hath acknowledged prayeth Judgement and his Damages by occasion of the taking and deteyning of the said Oxe to be adjudged unto him c. And the said T. L. saith that the said Messuage with th' appurtenances is and at the said time in which c. was within the Fee and Lordship of him the said T. as he before hath alleged And of this he putteth himself upon the Country and the said I. N. and I. F. likewise c. therefore aswell to try c. as c. commeth c. before the said King in eight dayes of the holy Trinity wheresoever c. And who neither c. To
in the County aforesaid And so thereof being seized the said W. E. afterwards that is to say the tenth day of October in the seventeenth year of the Reign of the Lady the now Queen for the sum of 13. l. 6. s. and eight pence of lawfull money of England to him paid infeoffed the said T. E. of the Moity of the said Messuage and of the rest of the Premisses with th' appurtenances in H. aforesaid To have unto the said T. E. his Heirs and Assigns for ever to the use and behoof of him the said T. E. his Heirs and Assigns for ever by reason of which said Feoffment in form aforesaid unto the said T. E. by the said W. E. made afterwards that is to say the said twentieth day of March in the twenty third year abovesaid at H. aforesaid in the County aforesaid the said T. E. did speak the said English words in the said Declaration before specified namely c. As to him it was lawfull And this c. whereupon c. Defendant in his own Injury ss AND the said R. S. saith that he by any matter by the said T. E. above in pleading alleged ought not to be precluded because he saith that the said T. the twentieth day of March in the twenty third year abovesaid at H. aforesaid of his own Injury without such Cause by him the said T. above in pleading alleged did speak the said English words in the said Declaration above specified namely c. in manner and form as the said R. above against him Complaineth And of this he putteth c. Declaration for words the Plaintif to be a felon ss E. H. Complaineth of W. T. in the Custody of the Marshall c. for that namely that whereas the said E. remained a good true faithfull and Liege Subject of the now Queen and as a good true faithfull and Liege Subject of the said now Queen and of divers of her Progenitors late Kings of England from the time of his Nativity hitherto behaved had and governed himself and of a good name fame condition conversation and gesture among all his Neighbours and other faithfull Subjects of the Lady the now Queen with whom the said E. hitherto had fellowship was noted and reputed and as a faithfull subject of the said Lady the Queen without any Crime of Theft Felony Falsity and Deceipt from the whole time aforesaid hath remained and continued unhurtfull untoucht and unspotted Notwithstanding which the said W. not being ignorant of the Premisses thinking to deprive the said G. of his good name fame and credit aforesaid And so to bring him the said E. into a bad name fame and opinion of the Liege people of the said Lady the Queen as they the said Liege people of the said Queen from the Company of him the said E. should withdraw themselves with him in any manner they distrusted to deal or to have Comerce And in forfeiture of all and singular his Goods and Chattells Lands and Tonements and also to cause to be brought and put into the danger of the loss of his life in such a day and year at c. in the presence and hearing of divers Worshipfull and other faithfull Subjects of the said Lady the now Queen then and there being and hearing these scandalous and opprobrious English words following which the said E. did speak utter affirm pronounce and publish that is to say c. by pretence of which said false and scandalous words speech and utterance the said E. not onely in his good name fame and credit aforesaid which before towards his Neighbours and divers Worshipfull and other faithfull Subjects of the said Lady the now Queen he had used is hurt And also it is true they his said Neighbours and many more faithfull Subjects of the said Lady the Queen with the said E. in any manner refused to intermeddle by the said occasion and from the company of the said E. they withdrew themselves by which the said E. divers great gains proffits and advantages which he in buying selling and lawfull bargaining with such his Neighbours and other faithfull subjects of the said Lady the now Queen to the Relief of him the said E. and his Family might have gained hath altogether lost and to let pass to the Damage c. ss K. B. complaineth of R. W. in the Custody of the Marshall Declaration upon the Statute for impounding of Cattell without the County 1. 2. Ph. M. c. for that namely that whereas in the Statute in Parliament of Philip and Mary late King and Queen of England began at Westminster the twelfth day of November in the first year of their Reign then continued and held untill the sixteenth day of Aprill then next following No distress of Cattell should be driven out of the Hundred Tythenham Wapentage or Township where the said Distress should be taken unless it be openly within the same County not above three mile distant from the place where the said distress should be taken And that no Cattell or other goods distreyned or taken by the way of Distress for whatsoever cause at one time should be Impounded in severall places by which the Proprietor or Proprietors of such Distress for whatsoever Cause should be constreyned to prosecute severall Replevins for Deliverance of the said Distress at one time so taken Under pain of every such person offending contrary to that Act to forfeit to the party grieved and for every such offence five pounds and his treble Damages As in the said Statute more fully is conteined The said I. the said Statute not regarding nor fearing the penaltie in the same conteined five Sheep and six Lambs of him the said R. at G. in the Hundred of F. in the County aforesaid being in a certain place called B. took into Distress and those Sheep and Lambs thence out of the said County of S. and Hundred into R. in the County of C. did drive and those Sheep and Lambs there impounded and so impounded deteyned against the Sureties and Pâ—edges in Contempt to the Act of now the said Queen and to the great Damage of him the said R. and contrary to the form of the said Statute whereupon he saith that he is the worse and hath Damage to the value of ten pounds And thereupon he bringeth his Sute c. Declaration for stopping of a way ss T. W. Complaineth of W. T. the elder and W. T. the younger in the Custody of the Marshall c. for that that is to say that whereas the Town of M. in the County aforesaid hath been an antient Town within which from time out of mind it had been accustomed and used that every Inhabitant of the said Town for the time being well freely and quietly might and was able to pass through a certain way called the Church-way leading from M. aforesaid untill to a certain place in the Parish of M. aforesaid called Ledborn Green from
such Grant or Demise then had there being or continuance or after that time should have their being or continuance and then were not determined ended or expired or within one yeare next before the first day of the aforesaid Parliament had made or afterwards should make any Demise or Grant for tearm of life or for tearm of yeares of any Mannors Messuages Lands Tenements Meadowes Pastures Woods Rectories appropriate Tithes Pentions Portions Churches Chappels or other Hereditaments whatsoever upon which Demises and Grants the usuall and old Rents and Formes accustomed to be rendred and reserved by the space of twenty yeares next before the aforesaid first day of the same Parliament were not or should not be or afterwards had not been thereupon reserved and rendred or if any such Governor or Governesse of any such Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or other Religious or Ecclesiasticall House or Place which from that time should happen to be dissolved suppressed renounced lost forfeited surrendred or come to the Kings Highnesse within one yeare next before the aforesaid first day of the aforesaid Parliament had made or afterwards should make any Bargain or Sale of their Woods which Woods were then growing or standing that then all and every such Demise Grant Bargain and Sale of Wood or Woods should be altogether void and of none Effect as in the same Act amongst other things more fully appeares And further the same R. saies that the aforesaid late Master and the then Brotherhood of the Mannor aforesaid with the Appurtenances whereof c. in form aforesaid being seized before the said time wherein c. to wit the sixth day of the Month of December in the three and thirtieth yeare of the aforesaid late King Henry the eighth at the Colledge aforesaid by their certain Writing with the common Seale of them the said late Master and then Brother-hood sealed And in the Court of Chancery of him the said late King at Westminster in the County of Middlesex inrolled of Record whose Date is in the Chapter House of them the said late Master and then Brother-hood there the same day and yeare wâ—th their unanimous Assent and Consent and Deliverance of Mind certain knowledge and meer motion for certain just and reasonable causes them the said late Master and then Brotherhood conscientiously moving their Soules voluntarily and of their own accord they gave and granted and by that Writing did give grant render deliver and confirm to the aforesaid late King Henry the eighth their whole Colledge with their Appurtenances and the aforesaid Mannor of E. and other the Premisses with the Appurtenances whereof c. and the Reversion and Reversions of the same Mannor amongst other things to have hold and injoy the aforesaid Colledge with all their Appurtenances and the aforesaid Manner of E. and other the Premisses with the Appurtenances whereof c. amongst other things to the aforesaid late King his Heires Successors and Assignes to the sole proper behoofe use and profit of the same late King his Heires Successors and Assignes for ever as by the same Writing amongst other things more plainly appeares By virtue of which said Gift Grant and Act aforesaid the same late King was seized of the Mannor aforesaid and other the Premisses with the Appurtenances whereof c. in his Demesne as of Fee and Right in right of his Crown of England and being so thereof seized the same late King afterwards and before the aforesaid time of the Trespasse aforesaid made to wit the tenth day of December in the thirty fourth yeare of his Reigne by his Letters Patents which he the said R. brings here into Court whose Date is at Westminster the same day and yeare did give and grant unto Henry then Earle of Surrey the Mannor aforesaid with the Appurtenances whereof c. amongst other things And the Reversion of the same Mannor to have and to hold to him the said Earle his Heires and Assignes for ever By virtue of which said Letters Patents the same late Earle was seized of the aforesaid Mannor with the Appurtenances whereof c. in his Demesne as of Fee and Right and so being thereof seized after and before the aforesaid time of the Trespasse aforesaid made the same late Earle the twentieth day of May in the thirty sixth yeare of the aforesaid late King by his Indenture at E. between him the said Earle by the name of the Honorable Henry Earle of Surrey Knight of the Honorable Order of the Garter on the one part and the aforesaid Richard by the name of Richard Filmerston Gentleman of the other part which other part with the Seale of the aforesaid Earle signed he the said R. brings here into Court whose Date is the same day and yeare did bargain and sell to him the said R. the Mannor aforesaid with the Appurtenances whereof c. amongst other things by the name of the whole Mannor of E. with the Appurtenances in Suffolke and all Lands and Tenements Meadowes Feedings Pastures Woods Under-Woods Possessions and Hereditaments accepted reputed or taken as part parcell or Member of the aforesaid Mannor or to that Mannor in any manner pertaining as also all other Lands Tenements and Hereditaments being of the aforesaid Earles in E. or elsewhere in the County of S. which the aforesaid Earle had of the Gift and Grant of the aforesaid late King or which pertained or belonged or were part parcell or member or unto the aforesaid Colledge or of the Possession thereof within three yeares next before the dissolution of the same Colledge to have and to hold the aforesaid Mannor and all other the Premisses with their Appurtenances to the aforesaid R. his Heires and Assignes for ever as by the same Indenture amongst other things it more fully appeares Which sayd Indenture before Sampson Michell Clerke one of the Masters of the Court of Chancery of the aforesayd late King afterwards the same twentieth day of May in the thirty sixth yeare aforesayd as the Deed of him the sayd Earle by him the Earle was acknowledged and in the Chancery aforesayd the same day and yeare according to the forme of the Statute in that case published and provided was inrolled by which the same R. was seized of the Mannor aforesayd with the appurtenances whereof c. in his Demesne as of Fee untill the aforesayd S. afterwards to wit the aforesayd time wherein c. into the Mannor aforesayd with the appurtenances whereof c. did enter and the Close aforesayd then and there broke and the Grasse aforesayd then and there growing with the Cattell aforesayd did eate up trod downe c. in manner and forme as the aforesayd R. above against him complaines And further the same R. sayes That the aforesayd Demise of the Mannor aforesayd with the appurtenances whereof c. by the aforesayd late Master and the Brotherhood to the aforesayd E. Bestroy and S. in forme aforesayd made had
debarred from having his action aforesaid against them AND the aforesaid E. G. as formerly saith Issue upon the Traverse that within the Parish c. and so word for word as in the Traverse before untill as he the same E.G. above by pleading hath alleadged And this he prayes may be enquired of by the country c. Aid Prior after issue made And upon this the aforesaid R. P. sayes that he that Averment aforesaid above pretended without the aforesaid Prior cannot make good or maintaine And prayes aid of him the said Prior And he that c. Therefore the same Prior is to bee summoned by good Summons c. that he be before our Lord the King from the day of St. Michael in fifteen dayes wheresoever c. to joyne himselfe in aid unto the aforesaid R.P. and to make good and maintaine the issue aforesaid with the aforesaid A. and W. if he will And as to the trying of the issue aforesaid above between the parties aforesaid joyned Issue and the Ve. fac The Jury are thereupon to come before our Lord the King at the aforesaid Terme And who neither c. to Recognise c. Because as well c. The same day is given to the parties aforesaid here c. Middlesex AND the aforesaid J.L. by W.L. his Attorney comes and defends the force and injury when c. The Defendant pleaded the goods taken as a pawne for mony lent c. And as to the coming by force and armes he saith he is in nothing thereof guilty And as to the residue of the Trespasse aforesaid supposed to be done the same I. sayes that the aforesaid Plaintiff ought not to have his action c. because he saith that the same S. long before the said time wherein c. was indebted unto him the said I. in 46 s. and 8 d. for divers sums of mony by him the said S. of the aforesaid I. formerly borrowed And afterwards and long before the said time the same S. by one A. his wife delivered to the aforesaid I. the aforesaid goods and chattels as a pawne for the aforesaid 46 s. and 8 d. to be held to him the said I. in pledge untill the said S. to the aforesaid l. the same 46 s. and 8 d. had paid And the same I. in fact saith that the aforesaid S. hath not as yet paid to him the said I. the aforesaid 46 s. and 8 d. Which is the same Trespasse and taking and carrying away the aforesaid goods and chattels whereof the aforesaid S. above now complaines And this c. Whereupon he prayes judgement whether the Action c. AND the aforesaid S. sayes that he by any thing before alleadged The Plaintiffe replied that he took them injuria sua propria without such a cause ought not to be debarred from having his Action aforesaid because he saith that the aforesaid I. as of his proper injury and without such a cause above by him the said I. alleadged the day and yeare aforesaid the aforesaid goods and chattels at St. John street aforesaid found hee took and carried away as the same S. by his Bill aforesaid above supposeth And this he prayeth may be enquired of by the Country And the aforesaid I. in like manner Therefore the Jury is to come before our Lord the King c. Justification in Trespasse for taking Cattel as a stray AND the aforesaid R. by T.B. his Attorney comes and defends the force and injury when c. And as to the coming by force and armes and also the whole Trespasse aforesaid besides the taking and leading away of two horses of the aforesaid three horses the same R. sayes that he is in nothing guilty c. And as to the taking and leading away of two of those horses the same R. sayes that the aforesaid T. Poultrey ought not to have his action aforesaid against him because hee saith that the place in which the Trespasse aforesaid was supposed to be done is and the said time wherein c. was eight acres of Meadow in Shouley aforesaid called Salmons Meade parcel of the Mannor of S. otherwise C. within which said Mannor the same R. and all his antecessours whose heire he is And all others whose estate hee the said R. now hath in the said Mannor have had view of Franke Pledge Wayfes and Strayes within the same Mannor from time out of minde And the same R. sayes that the aforesaid two horses before the said time wherein c. came within the Mannor of S. aforesaid and there remained before the said time wherein c. by the space of one yeare and one day as Strayes And the aforesaid R. made publicke Proclamation in the Market of the Village of St. Albans and in divers Churches and Markets being neer there according to the laudable custome of that Country used And none came to claime the property of the said two horses within the aforesaid one year and one day By which the same R. in the aforesaid eight acres of Meadow seized and took the aforesaid two horses as his proper goods and chattels Traverse the place of taking Without that that the same R. took those two horses within the Precinct of the aforesaid Mannor of Shouley Berry in manner and form as the aforesaid T. above against him complaineth And this c. Whereupon he prayes judgement whether the aforesaid T. ought to have his action aforesaid against him c. Issue upon the traverse AND the aforesaid T. sayes that he by any thing before c. ought not to be debarred c. Because he saith that the aforesaid R. took the aforesaid two horses within the Precinct of the aforesaid Mannor of S. M. in manner and forme as the same T. above against him complaineth And this he prayes may be enquired of by the Country And the aforesaid I. in like manner Therefore the Jury is to come before our Lord the King c. AND the aforesaid A by G. T. his Attorney comes and defends the force and injury when c. And sayes The Defendant pleads the property of the horse in a stranger who in publick Market fals to the Defendant that the aforesaid C. ought not to have his action aforesaid against him because hee saith that before the property of the horse aforesaid was the aforesaid C. the property of the same horse did belong unto one B. And sayes that the Towne of Dorton is and from the time out of minde was an ancient Burrough within which said Burrough there hath been and from the whole time aforesaid was had a certaine Market on each Thursday weekly And sayes that the aforesaid B. of the aforesaid horse as of his proper horse being possessed long before the time of the Trespasse aforesaid supposed to be done that is to say such a day and year at D. aforesaid in full Market there for 6 l. to the aforesaid B. in hand
Trespasse aforesaid was supposed to be done And the aforesaid Vagabonds perceiving afarre off the coming of him the said C. then being Constable before he could approach unto them they fled away so that the said C. could not arrest them but the aforesaid M. with a certain man to whom unknown in bed there the aforesaid time wherein the Trespasse aforesaid was supposed to be done he found lying like a whore at the Parish aforesaid And because the same M. behaved her selfe then and sometimes before so evilly and for that cause very many evill persons and disturbers of the peace of our Lord the King there had often disturbed the Constable and very many of the neighbours there And she the said M. although oftentimes thereupon then and before to desist from the premises by him the said Constable had been required would not reforme or justifie herself thereupon neither by the law of God nor the King by which the same C. then being Constable of our Lord the King and the aforesaid E. with the same C. her husband by his command coming to his help their hands upon the aforesaid M. there so lodging in bed with the aforesaid unknowne man softly laid hand on and took her from that bed and her the said M. as well for her punishment as to the terrour of other the like whores whereas by the consideration and distinction of him the said C. then and there in the Stocks according to the Law of the Land they put and kept by the space aforesaid as it was lawfull for them to doe which said laying on of their hands of them the said C. and E. on the aforesaid M. and the taking out of the bed aforesaid as also the putting into the Stocks of the said M. are the aforesaid assault beating evill handling and imprisonment whereof the aforesaid M. by her bill above against them complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid M. ought to have or maintaine her action aforesaid in this behalfe against them c. The Plaintiffe replies that it was done of their proper injury without any such cause AND the aforesaid M. sayes that shee by any thing before pre-alledged ought not to be debarred from having her action aforesaid against them the said C. and E. of the aforesaid assault beating evill handling and imprisonment because she saith that the aforesaid C. and E. the day and yeare above written by force and armes aforesaid of their proper injury without such cause by them the said C. and E. above alleadged on her the said M. at the aforesaid Parish of St. Andrews they made an assault and so did wound evill intreat and imprison by the space aforesaid in manner and forme as shee the same M. above against them complaineth And this shee prayes may be enquired of by the Country And the aforesaid C. and E. in like manner c. Iustification of an imprisonment by vertue of the Statute of Vagrants and Vagabonds of Rich. the second the 7. year of his reign Hil. 34. Hen. 8. Rolle 60. AND the aforesaid I.H. in his proper person comes and defends the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the Imprisonment of the aforesaid R.S. the same I. H. sayes that he is not guilty c. And as to the Imprisonment of the aforesaid R. the same I. H. sayes that the aforesaid R. ought not thereupon to have his action aforesaid against him because he saith that by the Statute of the Lord the King Richard the second late King of England at Westminster in the seventh yeare of his reigne by authority of the same Parliament amongst other things it was Enacted that all and singular Bailiffes of Liberties Constables and other Officers of Villages where Vagrants and Vagabonds frequent should have power diligently to examine them and of compelling them to finde sufficient pledges by sufficient manucaptors for their good behaviours And that if default be made in those Vagrants and Vagabonds and that they cannot finde pledges that then it shall be very lawfull for the aforesaid Bailiffes of Liberties Constables and other Officers of Villages the same Vagrants and Vagabonds to commit to the next Goale of our Lord the King within the County aforesaid where such Vagrants and Vagabonds frequent there to remain til the coming of the Justices of our Lord the King for the Goal Delivery within that County where such Vagrants and Vagabonds are imprisoned and that the same Justices shall doe with these Vagrants and Vagabonds as to them shall seem expedient And the same I. sayes that he at the aforesaid time of the Imprisonment aforesaid above supposed to be made was Bayliffe of our Lord the King of St. Edmonds Bury aforesaid And for that that the same I. the aforesaid time of the imprisonment aforesaid above supposed to be made found the same R. a Vagrant and Vagabond at and within the Village of St. Edmonds Bury frequenting The same I. being then Bayliffe of the Liberty aforesaid according to the forme of the Statute aforesaid the aforesaid R. then and there did diligently examine And as well for that upon the examination of the aforesaid R. it did sufficiently appear to him the said I. the said R. to be a Vagrant and Vagabond as for that that the same R. the same time wherein c. could not finde pledges and sufficient Manucaptors for his good behaviour according to the forme of the Statute aforesaid The same I. as Bayliffe of our Lord the King of the Liberty aforesaid according to the form of that Statute the aforesaid R. the aforesaid time wherein c. to the aforesaid Goale of our Lord the King of St. Edmunds Bury aforesaid he did commit there to remaine untill c. which said Goale is the next Goale of our Lord the King near the aforesaid Village of St. Edmunds Bury aforesaid which is the same Imprisonment of the aforesaid R. whereof the same R. above now complaineth And this he is ready to aver whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid in this behalfe against him c. The Plaintiffe sayes that he dwels in the County of W. his Trade there exercising AND the aforesaid R. sayes that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid I. because he saith that he the aforesaid time of the imprisonment aforesaid above made was dwelling conversant and Inhabiting at W. in the County aforesaid daily exercising the art called a Taylors craft Traverses the being a Vagrant Without that that the same R. the aforesaid time of the Imprisonment aforesaid above made was a Vagrant and Vagabond in manner and forme wherein the same I. in his bar by pleading above hath alleadged And this he is ready to averre whereupon for that
that the aforesaid I. the Imprisonment aforesaid above acknowledgeth he prayes judgement and his damages by occasion of that Imprisonment to be adjudged unto him c. Issue upon the Traverse AND the aforesaid I. as formerly saith that the aforesaid R. the aforesaid time of the imprisonment aforesaid above supposed to be made was a Vagrant and Vagabond as the same I. in his Barre above by pleading hath alleadged And of this he puts himself upon the Country and the aforesaid R. in like manner c. Iustifie imprisonment as by seising of the Ward within age for that the father held of him in Knights service Mich. 50. Hen. 6. Rolle 75. AND the aforesaid R.L. by W. B. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and the wounding aforesaid sayes that he is in nothing thereof guilty c. And as to the residue of the Trespasse aforesaid above supposed to be made sayes that no action c. because he saith that one W.C. was seized of one Messuage and one hundred acres of Land with the appurtenances in H. in the County of L. in his Demesne as of Fee and so being thereof seized the same Messuage and Land with the appurtenances he held of him the said R. as of his Mannor of H. in H. aforesaid in the County of L. by Knights service that is to say by Homage Fealty and Escuage of our Lord the King of 40 s. when it shall happen unto 10 s. and unto more more c. and unto lesse lesse c. And by doing service of suite unto the Court of him the said R. of his Mannor of H. aforesaid two times of the yeare by reasonable warning to him the said W. thereupon made of which said services the same R. was seized by the hands of the aforesaid W. C. as by the hands of his true Tenant and after and before the Trespasse aforesaid above supposed to be made the same W. dyed of such his Estate of and in the Messuage and Lands aforesaid with the appurtenances seized after whose death the same Messuage and Lands with the appurtenances did discend to the aforesaid H. as to the sonne and heire of the said W. which said H. as yet remaines within the age of one and twenty years By which the same R. after the death of him the said W. at the time of the Trespasse aforesaid supposed to be made as the Keeper of him the said H. during his minority by reason of his Tenure aforesaid his hands softly upon the said H. at H. aforesaid he laid and the body of him the said H. by reason of the premise he there seized and took and in his custody by the time aforesaid he kept as it was lawfull for him to do which said seizing and taking of him the said H. and laying hands of him the said H. out of the cause aforesaid and the keeping of him are the same assault beating imprisoning and evill handling whereof the aforesaid H. above now complaineth And this he is ready to aver Whereupon hee prayes jugdement whether the aforesaid H. ought to have his action aforesaid against him c. And the aforesaid H. sayes that he by any thing before by him the said R. pre-alleadged ought not to be debarred from having his action aforesaid against him of the assault beating evill handling and imprisonment aforesaid because by protestation that the aforesaid W. did not dye seized of the aforesaid Messuage and Lands for plea he saith that the same W. held six acres of Lands parcell of the aforesaid C. acres of Land at the time of the Trespasse aforesaid made of the said R. by fealty and rent of 20 d. by the yeare at the feasts of the birth of our Lord and S. Michael the Arch-angel by equall portions yearly to be paid for all services Without that that the said W. held the aforesaid Messuage Traverse the holding by Knights service and a hundred acres of Land with the appurtenances or any parcell thereof of the aforesaid R. by Knights service in the forme wherein the same R. above by pleading hath alleadged And this he is ready to aver Whereupon for that that the aforesaid R. above hath acknowledged c. he prayes judgement and his damages by occasion of that assault c. to be adjudged unto him c. AND the aforesaid R. sayes Issue upon the Traverse that the aforesaid W. held the aforesaid Messuage and a hundred acres of Land with the appurtenances of the aforesaid R. by Knights service in the forme wherein hee the said R. above by pleading hath alleadged And of this he puts himselfe upon the Country And the aforesaid H. in like manner c. Therefore the Jury between them is to come c. Trespasse and assault against the man and wife the man pleads not guilty and assault demesne for his wife AND the aforesaid T. and A. by W. F. their Attorney come and defend the force and injury when c. And the aforesaid T. sayes that he is in nothing thereof guilty c. And of this he puts himselfe upon the Country And the aforesaid H. and I. in like manner c. And the aforesaid T. and A. for the aforesaid A. say that as to the coming by force and armes or whatsoever which is against the peace c. say that shee is in nothing thereof guilty And of this they put themselves upon the Country and the aforesaid H. and I. in like manner And as to the residue of the Trespasse aforesaid above supposed to be made the same T. and A. for the aforesaid A. say that the aforesaid H. and I. ought not to have their action aforesaid thereupon against them because they say that the aforesaid I. the day and yeare aforesaid on her the said A at E. aforesaid made an assault and her there would beat wound and evill entreat unlesse she the said A. had then defended her selfe And so the evill if any to her the said I. then and there happened that was of the proper assault of her the said I. and in the defence of the said A. And this the same T. and A. for the aforesaid A. are ready to aver Whereupon they pray judgement whether the aforesaid H. and I. ought to have thereupon their action aforesaid against them c. AND the aforesaid H. and I. say that they by any thing before pre-alleadged ought not to bee debarred from having their action aforesaid against the said T. and A. for that they say that the aforesaid A. by force and armes of her proper injury and without such cause by them above alleadged on her the said I. the day and year above written made an assault and her the said I. did beat wound and evill treat as the same H. and I. above by their Writ and Declaration aforesaid against them complaine And this they pray may be
inquired of by the Country And the aforesaid T. and A. for the aforesaid A. in like manner c. One Defendant pleades for assault demesne and the other justifies as parting a Pray AND the aforesaid T. and R. by W. H. their Attorney come and defend the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the assault beating and evill handling aforesaid say that they are in nothing thereof guilty And as to the assault beating and evill handling the same T. R. say that the aforesaid Plaintiffe ought not thereupon to have his action aforesaid against them because the same T. sayes that the aforesaid Plaintiffe the day and yeare aforesaid at A. aforesaid on him the said T. made an assault and him then and there would have beat wound and evill handle By which the same T. himselfe against the aforesaid A. then and there did defend And the evill if any to him the said A. then and there happened That was of the proper assault of him the said A. and in the defence of him the said T. And the aforesaid R. sayes that for that that the aforesaid A. the day and yeare aforesaid at A. aforesaid on the aforesaid T. made assault and him would have beat wound and evill handle by which the same R. being then and there personally present for the preservation of the peace of our Lord the King lest one of them the said A. and T. should doe any corporall hurt each to the other he softly laid his hands as well upon the aforesaid A. as upon the aforesaid T. to separate them from being together Which said laying on of his hands out of the cause aforesaid is the same assault beating and evill handling whereof the aforesaid Plaintiffe above now complaineth And this they are severally ready to aver Whereupon they pray judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against them c. AND the aforesaid Plaintiffe sayes that he by any thing by them the said T. and R. before alleadged ought not to bee debarred from having his action aforesaid against them because he saith that the aforesaid T. and R. by force and armes of their owne proper injury and without such a cause by them above alleadged on him the said A. at A. they made an assault and him did beat wound and evill handle in manner and forme as he above by his Writ and Declaration supposeth And this hee prayes may be inquired of by the Country And the aforesaid T. and R. in like manner c. AND the aforesaid I. D. in his proper person comes An agreement pleaded in assault and battery and defends the force and injury when c. And as to the coming by force and armes or whatsoever which is against the peace c. sayes that he is in nothing thereof guilty And as to the residue of the Trespasse aforesaid above supposed to be done the same I. sayes that the aforesaid T. ought not to have his action aforesaid against him because hee saith that long after the Trespasse aforesaid was supposed to be made to wit the first day of May in the two and twentieth year aforesaid at M. aforesaid the same I. and T. by the mediation of R. D. and W.W. their friends in a friendly manner coming between them in such manner it was agreed together between them that is to say that the aforesaid I. should pay to the aforesaid T. in amends and satisfaction of that Trespasse a Pottle of Claret wine which said I. the same Pottle of Claret wine to the aforesaid T. then and there paid according to the force forme and effect of the concord aforesaid And this c. Whereupon he prayes judgement c. No such action pleaded ANd the aforesaid I.H. saies that he by any thing pre-alledged ought not to be debarred from having his action aforesaid because he saith that there was never any such agreement had between them the said I.H. and I.D. in manner and forme as the same I.D. hath above alledged by pleading And this he prayes may be inquired of by the Country and the aforesaid J.H. in like manner c. Justification of assault and battary by a Vicar for disturbance in the Church ANd the aforesaid T. by R.B. his Attorney comes and defends the force and injury when c. and as to the coming by force and arms and whatsoever which is against the peace c. saies that he is not guilty c. and as to the residue c sayes that the Plaintiff ought not to have his action aforesaid against him because he saith that he is and at time of the Trespasse aforesaid supposed to be made was Vicar of the Parish Church of the said village of S. And the aforesaid W. the same time wherein c. in the same Church at evening prayers then there celebrated did prattle and talke so loudly that the same evening prayers with that solemnity as it ought could not be celebrated by which the same T. as Vicar of the same Church and Curate aforesaid the same VV. then and there did Canonically reprove and by his authority in that behalfe admonish that he would desist there-from and the same W. this to doe did contumeliously deny By which the same T. on the same W. so disobeying him as his Curate did softly lay his hands upon him and him out of that Church did softly put out remove as it was lawful for him to do which said laying on of hands of him the said T. on the aforesaid W. out of the cause aforesaid is the aforesaid assault beating c. of the same W. whereof hee above against the same W. complaineth and this c. whereupon he prayes judgement whether the aforesaid W. ought in this behalfe to have his action aforesaid against him c. The Plaintiffes reply that he did it of his proper injury ANd the aforesaid Plaintiffe sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid against the aforesaid T. Because he saith that the aforesaid T. the day and year aforesaid of his proper injury and without any such cause by him above alledged on him the said W. at S. aforesaid hee made an assault and him did beate wound and evill handle in manner and form as the same W. above against him complaineth And this he prayes may be inquired of by the Country and the aforesaid T. in like manner c. ANd the aforesaid S.P. by R.H. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes or whatsoever which is against the peace Justifies the assault in the defence of his title to put the Plaintiffe out of the Houses c. as also the whole Trespasse aforesaid beside the breaking of the Closes and Houses aforesaid and the assault
aforesaid saies that he is nothing thereof guilty c. and as to the breaking of the Closes and Houses and the assault aforesaid the same S. sayes that the Plaintiffe ought not to have his action aforesaid against him Because he saith that the Closes and Houses as also the places in which the Trespasse aforesaid was supposed to bee made are and the aforesaid time wherein c. were seven Messuages and four Gardens with the appurtenances in the parishes of St. Sepulchers and St. Martins and St. Brigets aforesaid in the Ward aforesaid of which said seven Messuages and foure Gardens before the said time wherein c. one I.S. was seized of his demesne as of fee and so being thereof seized before the said time wherein c. thereof enfeoffed the aforesaid S.P. to hold for him and his Heires for ever By vertue of which Feoffement the same S. was thereof seized in his demesne as of Fee and the aforesaid E. claiming the Tenements aforesaid with the appurtenances by colour of a certaine Deed or Demise to him thereupon made for terme of his life by the aforesaid J.S. long before the said Feoffement of the same Tenements with the appurtenances to the aforesaid S. in forme aforesaid made were nothing of the same Tenements with the Appurtenances unto the possession of her the said E. ever passed into the same Tenements with the appurtenances before the said time wherein c. and enter upon whose said E. her possession thereupon the aforesaid time wherein c. peaceably re-entred and the Houses and Closes brok and upon the same E. then being there softly laid his hands and commanded her the said E. then and there to goe out of the Messuages and Gardens aforesaid under the danger which by the Law otherwise might come to her the said E. as it was lawfull for him to doe Which said soft laying on of hands and entry and breach of Closes and houses aforesaid out of the house aforesaid is the same assault whereof the aforesaid E. above now complaineth and this hee is ready to aver whereupon he prayes judgement whether the aforesaid E. ought to have her action aforesaid against him c. And the aforesaid E. sayes that she by any thing before pre-alledged ought not to be debarred from having her action aforesaid against him because she saith that as to the aforesaid Plea of him the said D. of the assault c. aforesaid above pleaded the same E. saith that the aforesaid S. the day and year in the said Declaration of her the said E. above specified at London aforesaid in the Parish and Ward aforesaid of his proper injury and without any such cause by him the said S. in his barre aforesaid above alleadged on her the said E. made an assault and her then and there beat c. in manner and forme as the same E. above by her Writ and Declaration above against him hath declared And this she prayes may be enquired of by the country And the aforesaid S. in like manner c. And as to the aforesaid Plea of the aforesaid S. to the breaking of the Closes and houses aforesaid above pleaded the same E. sayes that long before the said I. S. had any thing in the Tenements aforesaid with the Appurtenances the same E. was of the same Tenements aforesaid with the Appurtenances seised in her demesne as of Fee Until the aforesaid S. her the said E. long before the trespasse aforesaid made unjustly and without judgement disseised by which the same S. was of the same Tenements with the Appurtenances seized in his demesne as of Fee by disseisin and he by that disseisin being so c. The same S. before the said time wherein c. thereof enfeoffed the aforesaid I. S. to hold to him and his heires prove By vertue of which said Feoffement the said I.S. was thereof seized in his demesne as of Fee And so being thereof seized before the said time wherein c. thereof enfeoffed the aforesaid S. to hold to him and his heires for ever By vertue of which said Feoffmenent the same S. was of the same Tenements with the appurtenances seized in his demesne as of Fee in manner and form as the same S. above by pleading hath alleadged Upon which the said S.P. his possession thereupon the aforesaid E. before the said time wherein c. did enter and was thereof seised in his demesne as of Fee Untill the aforesaid S. the aforesaid time of the trespasse aforesaid made by Force and Armes c. the Closes and houses of her the said E. with the appurtenances hee did break in manner and forme as the same E. by her Writ and Declaration aforesaid above against him hath complained And this c. Whereupon for that the aforesaid S. the Trespasse aforesaid above acknowledgeth she prayeth judgement and her damages by reason of that Trespasse c. to be adjudged unto her c. The Defendant maintaines his plea and traverses the disseizin AND the aforesaid S. as formerly saith that long before the said time wherein the Trespasse aforesaid is supposed to be made the aforesaid I.S. was of the same Tenements with the appurtenances seized in his demesne as of fee and he being thereof seized before the said time wherein c. thereof Enfeoffed him the said S. to hold to him and his Heires for ever by vertue of which Feoffement the same S. was of the same Tenements with the appurtenances seized in his demesne as of Fee in manner and form as the same S. in his aforesaid above hath alledged Tranverse Without that that the same S. dis-seized the aforesaid E. of the Tenements aforesaid with the appurtenances as the aforesaid E. in her replication aforesaid above hath alledged And this c. whereupon hee prayes judgement and that the aforesaid E. may be debarred from having her action aforesaid against him c. ANd the aforesaid E. as formerly saith Issue upon the Traverse that the aforesaid S. dis-seized her the said E. of the Tenements aforesaid with the appurtenances as the same E. in her replication aforesaid above hath alledged and this she prayes may be inquired of by the Country and the aforesaid S. in like manner c. ANd the aforesaid W.S. in his proper person comes and defends the force and injury when c. and as to the coming by force and armes c. as also the whole Trespasse aforesaid Iustification by vertue of a Justices of peaces warrant besides the assault aforesaid sayes that he is in nothing thereof guilty c. and as to the assault aforesaid the same W. sayes that the aforesaid plaintiffe ought not to have his action aforesaid against him Because he saith that before the time of the Trespasse aforesaid supposed to bee made to wit such a day and yeare at C. in the County of N. before T. C. Earle of Devonshire then one of the Justices
satisfaction of the Trespasse aforesaid which said Gallon of Sacke the same J. afterwards to wit the same day and yeare at S. aforesaid gave to the aforesad R. according to the forme and effect of the concord aforesaid And which said Gallon of Sack the same R. of the aforesaid I. in full recompence and satisfaction of the Trespasse aforesaid then and there accepted And this he is ready to aver Whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid against him c. The Plaintiffe replies no such Concord AND the aforesaid R. sayes that he ought not by any thing before pre-alleadged to be debarred from having his action aforesaid against him because he saith that between him the said R. and the aforesaid I. there was not any such agreement had as the aforesaid I. above by pleading hath alleadged And this he prayes may be enquired of by the Country And the aforesaid I. in like manner c. ' Against a Butcher for selling by deceitfull weights London THo Smith complains of H. Vasey for that that is to say whereas the aforesaid Henry such a day and year and by many years then last past was a Butcher and by a great part of that time at London in the Parish c. the art of a Butcher so used and exercised accustomed to kill and dresse both Oxen and Cowes in the best manner behoved his art and the flesh of them by Haverdepoys weight according to the Lawes of this Kingdome of England was wont and accustomed for a great part of the time aforesaid to put to sale and utter to divers of the liege and faithfull subjects of our said Lord the King he the same H. afterwards at divers times to wit between the same such a day c and the fifth day of May then next following at London in the Parish c. three hundred weight of Oxe beefe not being according to the Lawes of England Haverdepoys weight to him the said T. he did falsely and fraudulently put to sale the aforesaid Henry faithfully affirming the weight by which he the said H. the aforesaid three hundred weight of Oxe beefe to him the said T. had sold as aforesaid to be Haverdepoys weight according to the Laws of England to the great deceit of him the said T. Whereupon he saith that he is worsted and hath damage to the value of 10 s. And thereupon he brings his suit c. Justification in Trespasse for a â—â—rriot custome AND the aforesaid I. Randal by I.S. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes he saith he is in no wise thereof guilty And as to the taking and driving away of the aforesaid two Cowes he sayes that the aforesaid A. ought not thereupon to have his action aforesaid against him because he saith that long before the said time of the trespasse aforesaid supposed to be made one N. Dering lately the husband of the aforesaid A. dead was seized in his demesne as of Fee of and in two Tenements whereof one Tenement called A. and the other Tenement called B. lying and being in L. aforesaid in the aforesaid County of Southampton within the Hundred of Odham And that the same N. held the aforesaid Tenements with the appurtenances of the aforesaid Iohn Randal by fealty and a certaine rent by the yeare that is to say the aforesaid Tenement called A. by fealty and the rent of three shillings and four pence and the other Tenement called B. by fealty and the rent of one shilling and six pence And further the same I. R. sayes that within the Hundred of O. aforesaid there is had and time out of mind there hath been had an ancient and laudable custome that is to say that within the Hundred of O. aforesaid every Lord of every Tenant for the time being after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred in manner and forme aforesaid that is to say by fealty and a certaine rent onely should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dying of which the same Tenant died possessed for a Herriot for every such Tenant and the same I.R. in fact saith that the aforesaid N. after and before the said time of the Trespasse aforesaid above supposed to be made to wit the tenth day of December last past before the day of the obtaining of the Bill aforesaid he the said I. R. being thereupon Lord and the aforesaid N. Tenant of him the said I. R. within the aforesaid Hundred at the time of his death being and of the aforesaid two Cowes being possessed at Warblington in the aforesaid County of Southampton of the aforesaid two Tenements dyed in his demesne as of Fee seized after whose the said N. his death by reason of the premises the aforesaid I.R. the aforesaid two Cowes of the best living beasts of the cattell of which the aforesaid N. dyed possessed for and in the name of Herriots according to the aforesaid ancient and laudable custome of right used and due he took and drove away as it was lawfull for him to doe and this he is ready to averre whereupon he prayes judgement whether the aforesaid A. ought to have her action aforesaid against him c. AND the aforesaid A. sayes The Plaintiffe pleads by protestation that as to the taking of one Cow no such custome for pleade son tort Demesne and traverses the plea. that she by any thing before alleadged ought not to be debarred from having her action aforesaid against him the said I. because by protestation that the aforesaid N. in his life time held not of the aforesaid I. the aforesaid two severall Tenements called A. and B. by the services aforesaid as the aforesaid I. above alleadgeth And as to the taking of one Cow of the Cowes aforesaid for a Herriot for the aforesaid Tenement called H. the aforesaid H. by protestation saith that within the Hundred of O. aforesaid there is not had nor time out of minde there hath not been had any such ancient and laudable custome that is to say that the Lord of every Tenant for the time being within the Hundred of O. aforesaid after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dead of which the same Tenant dyed possessed for a Herriot for every such Tenant yet for plea the aforesaid A. saies that the aforesaid J. the day and year aforesaid in the Declaration aforesaid above specified of his own proper injury and without such cause by him the said I. above by pleading alleadged the Close of her the said
A. aforesaid at L. aforesaid he did breake and the aforesaid one Cow of the aforesaid Cowes he took and drove away in manner and forme as the same A. above against him complaineth Traverse of the place Without that that the aforesaid Tenement called A. is within the Hundred of O. aforesaid as the aforesaid J. above by pleadings hath alleadged and this c. whereupon for that that the aforesaid J. the taking of one Cow of the aforesaid Cowes taken for a Herriot for the aforesaid Tenement called A. above acknowledgeth the same A. prays judgement and her damages by occasion of the taking and driving away of that Cow to be adjudged unto her c. The Plaintiffe pleads as to the other Cow that the Defendant took the Cow de son toyt demesne and traverses the custom And as to the taking of the other Cow of the aforesaid Cowes for a Herriot for the aforesaid Tenement called B. the aforesaid A. saies that the aforesaid J. of his own proper injury and without such cause by him above by pleading alleadged the aforesaid day and yeare in the Declaration aforesaid above specified the Close of him the said A. aforesaid at L. aforesaid he did breake and the aforesaid other Cow of the Cowes aforesaid he tooke and drove away in manner and forme as the same A. above against him now complaines Traverse of the custome Without that that within the Hundred of O. aforesaid there is had or time out of mind there hath been had any such laudable and ancient Custome Issues upon both Traverses that is to say that the Lord of every Tenant for the time being within the Hundred of O. aforesaid after the death of every Tenant who should dye seized in his Demesne as of fee of any Lands Tenements or Hereditaments within the said Hundred held by fealty and rent should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dead of which the same Tenant dyed possessed for a Herriot for every such Tenant as the aforesaid I. above by pleading hath alleadged and this c. whereupon for that the aforesaid I. the taking and driving away of the aforesaid other Cow of the Cowes aforesaid above in like manner acknowledgeth for iâ— Herriot for the aforesaid Tenant called B. the same A. in like manner praies judgement and her damages by occasion of the taking of that Cow to be adjudged unto her c. AND the aforesaid I. as to the taking of the aforesaid one Cow of the Cows aforesaid for a Herriot for the aforesaid Tenement called A. taken and driven away as formerly saies that the aforesaid Tenement called A. is within the Hundred of O. aforesaid in manner and form as the same I above by pleading hath alleadged And of this he puts himselfe upon the Country and the aforesaid A. in like manner c. and as to the taking and driving away of the other Cow of the Cowes aforesaid for a Herriot for the aforesaid Tenement called B. the same I. as formerly sayes that within the Hundred of O. aforesaid is had and time out of mind there hath been had any such c. as before in the last Traverse in manner and forme as the same I. above in like manner by pleading hath alleadged and of this in like manner the aforesaid I. puts himselfe upon the Country and the aforesaid A. in like manner c. therefore as well to the trying c. the Jury thereupon is to come c. AND the aforesaid W. and R. by R. D. their Attorney Iustification of cutting of wood for Estators by prescription come and defend the force and injury when c. and as to the coming by force and Armes or whatsoever which is against the peace c. as also the cutting taking and carrying away of a hundred Oakes and two Ashes and 80 Cart-load of under wood of the aforesaid C. Cart-load of under-wood sayes that they are in no wise thereof guilty And of this c. And as to the taking and carrying away of twenty Cart-load of the aforesaid C. Cart-load of under-wood residue as also the whole residue of the Trespasse aforesaid above supposed to be made they the same W. and R. say that the aforesaid E. ought not to have her action aforesaid against them because they say that the Close aforesaid as also the places wherein the Trespasses aforesaid are above supposed to be made and at that same time wherein those Trespasses were supposed to bee made were a certaine Wood called Mylnehop Wood containing in it 60 acres of Wood with the appurtenances in M. aforesaid and that long before the said time wherein c. as also at the same time wherein c. the aforesaid W. was seized of one Messuage and twenty acres of Land with the appurtenances in M. aforesaid in his demesne as of fee and that to the same Messuage and twenty acres of Land with the appurtenances the same W. and all his Ancestors and all they whose estate the same W. now hath and the aforesaid time wherein c. had of and in the aforesaid Messuage and twenty acres of Land with the appurtenances had and from time out of minde were accustomed to have for themselves their Farmers and Tenants of the same Messuage and twenty acres of Land with the appurtenances reasonable Estators in the aforesaid C. acres of Wood for their owne proper necessary fire-boot in the same Messuage of him the said W. to be spent and burnt as unto the same Messuage Fire-booâ— and twenty acres of Land with the appurtenances belonging By which he the same W. in his owne proper right and the aforesaid R. as the servant of him the said W. the same time wherein c. in the aforesaid sixty acres of Wood with the appurtenances did enter And the aforesaid twenty Cart-load of underwood residue c. for the aforesaid necessary fire-boot of him the said W. according to the custome aforesaid in the aforesaid Messuage to be spent and burnt in the aforesaid sixty Acres of Wood with the appurtenances then growing and uncut by using there the common of Estevors of him the said W. they cut downe took and carried away as it was lawfull for them to doe Which said entry into the aforesaid sixty acres of wood with the appurtenances out of the cause aforesaid is the same entring and breaking of the Close aforesaid And which said cutting downe taking and carrying away of the aforesaid twenty Cart-load of underwood residue of and for necessary fireboot aforesaid according to the custome aforesaid in the aforesaid place in which c. as aforesaid cut downe taken and carried away are the same cutting taking and carrying away of the same twenty Cart-load of underwood residue c. whereof the aforesaid E. above against them complaines And this they are ready to aver Whereupon they pray judgement whether the aforesaid E.