and Custom of our Realm of England ought to be done VVitness our self at Westminster the twenty sixth day of October in the thirty second year of our Reign The Declaration of the Plaintifs After to wit on Munday next after the morrow of All Souls in the self-same Term before the Lady the Queen at VVestminster came the aforesaid T. B. under the Custody of the Sheriff of the County aforesaid in Execution for the debt and Damages aforesaid to the Bar here brought in his proper person who is committed to the Marshal c. and presently sayes that he in person in Execution for the Debt and Damages aforesaid ought not to be deteyned because that he sayes that the aforesaid I. Pridie and Henry Day the aforesaid T.B. the second day of July in the thirty first year of the Reign of our said Lady the Queen that now is at St. Edmonds Bury in the County of Suffolk that is to say within the Libertie and Franchise then of Roger Townsend Knight and Dix Esquire of St. Edmonds Burie in the County of Suffolk aforesaid which said Roger and VVilliam Dix then and before and after had full retorn of all and all manner of VVrits and Warrants within the Liberty aforesaid to be executed by vertue of a certain Warrant lately before to the aforesaid I. P. and H. by the aforesaid R. T. and W. D. made and directed by vertue of a certain Warrant to them the said R. T. and W. D. by one Philip Tilney Esquire then Sheriff of the aforesaid County of Suffolk under the Seal of his Office made of and upon a certain Writ of Capias ad satisfaciendum of the aforesaid W. A. and L. S. of the debt and damages aforesaid lately before at the prosecution of the said W. A. and L. in the aforesaid Court of the said Lady the Queen before her the said Queen issued and to the Sheriff of the aforesaid County of Suffolk lately before directed and delivered they took and arrested And him the said T. B. then and there in Execution for the Debt and Damages aforesaid under their custodie had Untill the aforesaid R. T. and W. D. the same T. B. so taken and arrested in Prison in Execution for the Debt and Damages aforesaid being afterwards to wit the third day of November in the thirty first year of the Reign of the Lady Elizabeth now Queen of England aforesaid at Lamby Heath in the County of Surrey out of the Prison there they did permit to escape and go at large by reason whereof the same T. B. of the Debt and Damages aforesaid was clearly discharged And prays that he from the Prison aforesaid in which by the aforesaid occasion he is now deteined for the Debt and Damages aforesaid he may be delivered And because the Court of our Lady the Queen here are unknowing whether the allegation of him the said T. B. be true or no It is Commanded the Sheriff that by honest men Scire facias awarded c. he make known to the aforesaid W. A. and L. S. that they be before our Lady the Queen in eight dayes of St. Hillary wheresoever c. to shew if they have any thing for themselves or know what to say wherefore the aforesaid T. B. of the Debt and Damages aforesaid ought not to be discharged and from the Prison aforesaid in which by the aforesaid occasion he is deteined to be set free c. if c. And further c. The same day is given to the aforesaid T. B. in the Custody of the Marshall c. And upon this comes such Manuceptors Recognizance entred into c. in their proper persons and so recite the Recognizance At which day here before the Lady the Queen at Westminster came the aforesaid T. R. in his proper person The Sheriff Retorns a Scire fac ' And the Sheriff Retorns that by vertue of the aforesaid VVrit to him thereupon directed he hath made known to the aforesaid W. A. and L.S. of being before our Lady the Queen at the aforesaid Town in the aforesaid VVrit conteined by I. Donne and R. Fenne honest men c. as by the same Writ it was Commanded him And the aforesaid H. A. and L. so warned c. On the fourth day of the Plea being solemnly called The Defendants approve by Attorney and imparl by Edward Wemmo their Attorney came and prayed thereupon day of imparting and it is granted unto them c. And upon this day thereupon is given to the parties aforesaid before the said Queen from the day of Easter in Fifteen dayes wheresoever c. That is to say to the aforesaid W. A. and L. to impart and then to answer c. At which day before our Lady the Queen at Westminster came aswell the aforesaid T. R. in his proper person as the aforesaid W. A. and L. by their Attorney aforesaid And the aforesaid W. A. and L. further pray day thereupon of imparting And it is granted unto them c. And upon this day is further given to the parties aforesaid before the Lady the Queen to the Morrow of the Holy Trinitie from thence next following wheresoever c. that is to say c. as before At which day c. as before And so to imparl unto Eight dayes of St. Michael then next following At which said eight dayes of St. Michael before our same Lady the Queen at Westminster came aswell the aforesaid T. B. in his proper person as the aforesaid W. A. and L. by their Attorney aforesaid The Defendants plead Escape And the aforesaid VV. A. and L. S. say that by any thing before alleged the aforesaid T. B. ought not to be discharged from the Execution aforesaid Because they say that the aforesaid R. T. and VV. D. did not permit the same T. B. to Escape and goe at large in manner and form as the same T. B. hath above alleged Issue joyns thereupon And upon this they put themselves upon the Countrey and the aforesaid T. B. in like manner c. Therefore the Jurie thereupon is to come before our Lady the Queen in eight dayes of St. Hillary wheresoever c. And who neither c. to Recognize c. Because aswell c. The same day is given to the parties aforesaid Jury put in respite c. From which day the Jurie aforesaid between the parties aforesaid was put in respite thereupon between them before our Lady the Queen at Westminster untill from the day of Easter in fifteen dayes from thence next following for want of Jurors c. At which day before our Lady the Queen at Westminster came aswell the aforesaid T. B. in his proper person as the aforesaid VV. A. and L. S. by their Attorney aforesaid And the Jurors called in like manner came who to speak to the truth of the Premisses being chosen tried and sworn say upon their Oaths that the aforesaid T. B.
was taken and arrested in Execution for the Debt and Damages aforesaid as in the Record aforesaid above is specified And that the aforesaid R.T. and VV. D Bayliffs of the Libertie and Franchise aforesaid in the County of Suffâ—lk aforesaid did bring the aforesaid T. B. to VVestminster in the County of Middlesex on Monday before the retorn of the Writ of Capias ad satisfaciendum in the Record aforesaid above mentioned The day of the Retorn of the aforesaid Capias ad satisfaciend ' being on Monday next after the morrow of All Souls in the thirty first year of the Reign of our Lady Elizabeth now Queen of England And that before the retorn thereof the aforesaid Bayliffs of the Libertie and Franchise aforesaid the aforesaid T. B. at the request of him the said T. B. to the Village of Lambeth in the County of Surrey did carry which said Village of Lombeth is a Village neer adjoyning to Westminster aforesaid but out of the way and not in the way from the County of Suffolk aforesaid unto VVestminster aforesaid nor is between the County of Suffolk aforesaid and VVestminster aforesaid And that the aforesaid Bayliffs of the Liberties and Franchises aforesaid afterwards at the aforesaid day of the aforesaid Retorn of the aforesaid Writ of Capias ad satisfaciendum did bring the aforesaid T. B. to VVestminster aforesaid And him the said T. B. in the Court of our Lady the Queen before her the said Queen at VVestminster aforesaid into the Prison of the said Court of our Lady the Queen called the Kings Bench by vertue or colour of the aforesaid Writ of Capias ad satisfaciendum they did deliver And further the Jury say that the aforesaid T. B. from the time of the arrest of him the said T. B. aforesaid unto the retorn of the aforesaid Writ of Capias ad satisfaciendum and the delivery of the aforesaid T. B. into the Court of her the said Lady the Queen before her the said Queen as is aforesaid remained and continued with the aforesaid Bayliffs by vertue or colour of the aforesaid Writ or Warrant But whether upon the whole matter aforesaid Speciall Verdicts in form aforesaid found the bringing of the aforesaid T. B. to Lambeth aforesaid c. in manner and form aforesaid be an Escape out of Prison and a permission to goe at large in Law nor no the Jury aforesaid are altogether ignorant Whereupon they pray the advisement and discretion of the Court of our Lady the Queen now here before her the said Lady the Queen being And if it shall seem to the said Court of our said Lady the Queen that the aforesaid bringing of the aforesaid T. B. to Lambeth aforesaid in manner and form aforesaid be an Escape out of Prison and a permission to goe at large in the Law then the Jurors say upon their Oath aforesaid that the aforesaid R. T. and T. D. the aforesaid T. B. at Lambeth in the County of Surrey aforesaid out of the Prison aforesaid to Escape and to goat large they did permit in manner and form as the aforesaid T.B. he hath above alleged and if upon the whole matter aforesaid it shall seem to the Court of the Lady the Queen that the afore bringing of him to the said T.B. to Lambeth aforesaid in manner and form aforesaid be not an Escape out of Prison and a permission to go at large in the Law Then the Jurors aforesaid say upon their Oath aforesaid that the aforesaid R.T. and W.D. did not permit the same T.B. out of Prison aforesaid to Escape and to goe at large in manner and form as the aforesaid T. B. hath above alleged ACTIONS OF CONSPIRACIE CONSPIRACIE Norfolk Declaration in Conspiracie for procuring one to be Endicted for Witchcraft ss NIcholas Stockdale complains of William Skippon of Hiâ—cham c. John Green of c. William Waters of c. and John Hitch of c. in the custodie of the Marshall c. for that that is to say that whereas they the aforesaid William Skippon Iohn Green William Waters and Iohn Hitch the 12. day of July in the 44. year of the Reign of our Lady Elizabeth late Queen of England at Fakensam in the County aforesaid by Conspiracy fore thought between them the aforesaid Nicholas for that he the first day of December in the year of the Reign of the Lady Elizabeth late Queen of England the 44. and diver other dayes after the said first day of December should practise and exercise Witchcraft and Sorcery wickedly and Feloniously at Hitcham aforesaid in upon and against one Mary Skippon then the Wife of the aforesaid William Skippon by which said practices and exercises of the said Witchcraft the aforesaid Mary from the aforesaid first day of December in the 44. year aforesaid untill the 20. day of the month of February in the 44. year aforesaid most dangerously and mortally was sick and languished and the same 20. day of February in the 44. year aforesaid the same Mary by the said practise and exercise of the aforesaid Witchcraft at Hitcham aforesaid in the County aforesaid dyed and that the aforesaid Nicholas Stockdale to the same Mary at Hitcham aforesaid in manner and form aforesaid of his malice fore thought willingly devillishly wickedly and feloniously by the practise and exercise of the Witchcraft aforesaid did kill and murder against the peace of our said Lady the Queen and against the form of the Statute of our said late Lady the Queen held at Westminster in the County of Middlesex in the 5. year of her Reign in that case published and provided Before our then very beloved and faithfull Counsellour of our said Lady the Queen Iohn Popham Knight chief Justice of the said late Queen of the Pleas in the Court of her the said late Queen before her the said Queen assigned to be held and Robert Clark one of the Barons of the Exchequer of the same late Queen Justices of the Assizes of the said late Queen in the aforesaid County of Norfolk then assigned to be taken held at the Castle of Norwich the twelfth day of July in the 44. year aforesaid as also the Justices of the same late Queen for the keeping of the Peace in the County aforesaid and assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the same County then committed at the Castle of Norwich in the County aforesaid to be endited and him the said Nicholas upon that occasion then and there to be taken and in the Gaol of the said Castle of our late said Lady the Queen be ore the aforesaid John Popham Knight and Robeâ—t Clark Justices of our said late Queen at the Gaol aforesaid to be delivered to be held falsly and maliciously they conspired and procured against the form of the Statute in that case lately published and provided after which said Conspiracie Inditing taking and imprisoning and detension of him the said Nicholas
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
in the same action named for any Trespass committed before any Generall Pardon to Enter aswell in the end of such Judgement And nothing of Fine of the aforesaid Defendant because he is pardoned As in the End of such Judgement And the aforesaid Defendant is to be taken and to note in the Margent of the same Rolls directly opposite to the word Capiatur in the 〈◊〉 Judgement this word Pardoned by that means giving direction 〈◊〉 the Clerk of the Estreats of the same Court where he may find them amongst the Rolls of the same Court against whom he the said Clerk doth send out and direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and come under their Fines in the same Court for their Trespasses and other causes fineable according to the Custom and Law of the Land of this Kingdom of England And against whom he should omit and forbear to send forth the like Writs And that the same Entrie of Pardon in the Margent of the Record aforesaid is and for the whole time aforesaid was as sufficient a discharge of the aforesaid partie against whom the Judgement in the same Record is rendred that he should be taken as if within the same Record it had been Entred nothing of the Fine of that partie because he is pardoned And the aforesaid I. S. in fact saith that in the Record aforesaid sent before our Lady the Queen the aforesaid word Pardon'd in the Margent of the same Record is entred and noted according to the Custom aforesaid as by that Record above appeareth And as for the other matter by the aforesaid N. for his last Error in form aforesaid assigned the same I. S. sayes that in the aforesaid Court of the Bench aforesaid there is had and time out of mind there hath been had such a Custome used and approved The Plaintif sets form the Custom to Enter the admâ—ssion upon the Roll wherein the Declaration is Entred that is to say that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next kindred in any Plea to be entred and inrolled were used to be Entred and inrolled in the Roll wherein the Declaration in that Plea was Entred and inrolled And the same I. further faith that the Declaration aforesaid of him the said I. in the Plea aforesaid against him the said N. was Entred amongst the Rolls of Robert Bernors Gent. Phillizer of the County of Suffolk to wit in the Roll 386. as in the Record aforesaid sent here to the Court of our Lady the Queen more fully appears And the same I. S. further saith that although the aforesaid Chief Justice of the Common Bench hath certified to the Lady the Queen that having searched the Rolls of the Entries of every the Prothonotaries of the aforesaid County of S. of the Term and year aforesaid in his Custodie remaining of Record he had not found in the same any Entrie of the admission of the aforesaid I. S. to prosecute by the aforesaid I. M. and W. E. next of kindred to him the said I. S. being within age against the aforesaid N. S. of the aforesaid Plea yet there is had such a Record of the admission of the aforesaid I. S. so being within age to prosecute in the aforesaid Court of Bench by the aforesaid I. M. and W. E. his next kindred against the aforesaid N.S. of the aforesaid Plea Entred in the same Bench in the aforesaid Roll 386. on which the Declaration aforesaid as is aforesaid remains Entred â—â—â—ording to the Law and Custom of the said Court of Bench aâ—â—â—â—said Which said Record as yet remains before the aforesaid Justices of the Common Bench under the Custodie of the aforesaid Chief Justice omitted as yet to be certified to our Lady the Queen Certiâ—rare awarded to Certifie the full truth And the same I. S. prayes a Writ of Certiorare of our Lady the Queen to the aforesaid Chief Justice of the Common Bench to be directed to whom the certifying aswell of the omission aforesaid as of the Customs aforesaid rests to be made to Certifie our Lady the Queen more fully of the truth thereof and it is granted unto him c. By which it is Commanded to the aforesaid Chief Justice of the Common Bench that searching the Rolls of the Entries of the aforesaid Phillâ—zor of the aforesaid County of Suffolk of the aforesaid Term of Easter in the sixteenth year aforesaid And what in the same Rolls of the omission aforesaid he shall find as also the whole and full certaintie and truth of the aforesaid severall Customs of the said Court of our Lady the Queen of the Bench from the day of the holy Trinity in fifteen dayes wheresoever c. he do certifie together with the Writ of our Lady the Queen to him thereupon directed 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 her Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed certified to her the said Lady the Queen at Westminster at the same day That in the Court of the Lady the Queen of Common Bench There is had such a custom used and approved that the Clarks of the same Court who for the time being are assigned and allowed to enter and Record in the Rols and Records of the same Court any judgements in the same Court from time to time rendred and to be rendred were used and accustomed in the entry in the Rolls and Records of the same Court the judgements rendred in the same Court in and upon any action of Trespass against the Defendant in the same action named for any Trespass committed before any generall pardon to enter aswell in the end of such judgement And nothing of Fine of the aforesaid Defendant because he is pardoned as in the end of such judgement And the aforesaid Defendant is to be taken And to note in the Margent of the same Roll direct opposite to those words in the judgement this word pardon for that reason to give direction to the Clark of the Extreats of the same Court where he shall find amongst the same Rolls of the same Court against whom he the said Clark doth send or direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and to undergoe their fines in the same Court for their Trespasses and other causes fineable according to the custom and Laws of this Kingdom of England And against whom he is to omit and forbear to send forth and direct such Writs And that such entry of pardon in the Margent of the Record aforesaid is and by the whole time aforesaid was as sufficient a discharge of the party aforesaid against whom
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
Lady Elizabeth are Queen of England at Westminster the 23. day of November in the 27. year of her Reign held and published from the aforesaid Court of our Lord the King that now is here before him the said King were transmitted And the aforesaid T. S. E. and T. Fen in the same Court of the Exchequer Chamber aforesaid have assigned divers matters for Errors in the Record and Process aforesaid for revoking and annihilating of the judgement aforesaid to which the same E. and R. in the same Court appearing pleaded that neither in the Record nor Process aforesaid nor in the rendring the judgment aforesaid there was in any thing Error Afterwards to wit on Saturday the 9. day of Pebruary in the aforesaid second year of our said Lord the King in the same Court of Exchequer Chamber aforesaid the premises being seen and by the Court of our Lord the King here diligently examined and fully understood Aswell the Record and Process aforesaid and the judgement aforesaid upon the same rendred as the aforesaid causes of Errors aforesaid by the aforesaid T. S. E. and T. F. above alleged and assigned For that that it seems to the Court here that the Record aforesaid is in nothing vitious and defective And that the Record aforesaid was in nothing Erronious Therefore it was considered if that the judgement aforesaid in all things be affirmed and continue in all his force strength and effect notwithstanding in any thing the said causes of Error above assigned and alleged And further it was considered of in the Exchequer Chamber aforesaid that the aforesaid E. R. should recover against the aforesaid T. S. E. and T. F. 100. s. to them the said E. and R. of their assent by the Exchequer Chamber aforesaid adjudged according to the form of the Statute thereupon published and provided for the damages costs and charges which they had by delay of the Execution of the judgement aforesaid by reason of the prosecution of the aforesaid Writ of Error And thereupon the Record and Process before the aforesaid Justices of the common Bench and Barons of the Exchequer aforesaid in the premises had They the same Justices of the Common Bench and Barons of the Exchequer aforesaid before our said Lord the King wheresoever c. they remit according to the form of the Statute aforesaid which to the said Court of our Lord the King now reciding c. ACTIONS OF ESCAPE ESCAPE R L. Executrix of the testament Escape against a Sheriff upon an Arrest upon a Bill of Middlesex c. complains of S. S. and H. C. lately Sheriffs of the County of Middlesex in the Custodie of the Marshall c. For that that is to say whereas one G. S. of c. such a day and year at London in the Parish c. by his certain writing obligatory with the Seal of him the said G. sealed and in due manner made bearing date the same day and year acknowledged himself to be bound and firmly obliged to the aforesaid I. in his life time in 20. s. of lawfull mony of England to be payd to him the said I. when he should be thereunto required with a condition thereupon indorsed for true payment of 12. s. of like mony c. upon the day of the Feast of the Ascension of our Lord then next following which said 12. s. the aforesaid G. to the aforesaid I. in his life time or to the aforesaid R. after his the said I. his death he hath not paye but the aforesaid G. forfeited the aforesaid 20. s. to the aforesaid I. in the writing obligatory conteined For the more speedy recovery of which said sum of 20. â— the aforesaid R. after the death of the aforesaid I. her Husband to wit in the Term of Easter in the 27. year of the Reign of our Lady the Queen that now is before her the said Lady the Queen at Westminster had come and obteined out of the same Court of the Lady the Queen before her the said Queen a certain precept of her the said Lady the Queen directed to the then Sheriffs of the aforesaid County of Middlesex By which it was commanded to them the said then Sheriffs that they should take the aforesaid G. if c. And safely c. So that they might have his body before our Lady the Queen at Westminster on Friday next after the morrow of the holy Trinity then next following to answer the aforesaid R. of a Plea of Trespass And that they should have there then that Precept to that intent that the same R. as executrix of the testament of the aforesaid l. in the same Court of our Lady the Queen here might declare and prosecute her Bill against the aforesaid G. for the debt aforesaid by the aforesaid writing obligatory done which said Precept the aforesaid R. afterwards to wit such a day and year and place delivered the aforesaid Sheriffs in form of Law to be executed by force of which said precept the aforesaid S. S. and H. B. then Sheriffs of the aforesaid County of Middlesex afterwards and before the return of the same to wit such a day and year at I. in the aforesaid County of Middlesex took and arrested the aforesaid G. And him the said G. under their safe custodie then and there had and deteyned And he the said G. being so in custody of them the said late Sheriffs They the said late Sheriffs afterwards to wit the aforesaid such a day and year led the aforesaid G. unto the City of London And him there so negligently kept that the same G. afterwards to wit the same such a day and year at London in the Parish and Ward aforesaid from the custody of them the said late Sheriffs did goe away and Escape And they the said late Sheriffs him the said G. to go at large whithersoever he would they did permit the aforesaid R. of the aforesaid 20. s. then and as yet being in no wise satisfied And the said G. being so gone away Escaped and permitted to goe at large from the custody of them the aforesaid late Sheriffs as aforesaid the same G. kept himself so secretly and privately that she the said R. could not procure any Writs or precepts to be served upon the aforesaid G. for the recovery of her debt aforesaid By which the same R. sayes that she hath not only Expended lost and let goe divers great Expences and Charges in and about the aforesaid Arrest of the aforesaid G. but also remains totally frustrate of all other remedy for the recovery of the debt aforesaid whereupon she saith that she is worsted and hath damage to the value of 40. s. And thereupon she brings her sute c. And she brings here into Court the Letters testamentary c. The Defendants plead they did make the Arrest And the aforesaid S. H. by T.B. their Attorney come and defend the force and injury when c. And say that the
aforesaid R. ought not to have her action aforesaid against them because they say that they did not take nor Arrest the aforesaid G. in the manner and form as the aforesaid R. above against them complaineth And of this they put themselves upon the Country And the aforesaid R. in like manner c. Therefore the Jury is to come c. R. S. complains of John Chaunroy Bayliff of the Liberty of the Bishop of London in the County of Middlesex Escape upon a Bill of Middlesex where the Plaint and attachment is mentioned for that whereas the aforesaid R. S. on Tuesday next after a month of Easter such a year before our Lady the Queen at Westminster had prosecuted a certain Bill against I. T. For that that he the same I. T. such a day and year by force and arms the Close of him the said R. S. at Westminster in the County of Middlesex he had broke And other harms to him he had done against the Peace of our Lady the Queen that now is to the damage of him the said R. S. of 20. l. And he found pledges of prosecuting his Plaint aforesaid to wit John Dee and Richard Row by force of which said Bill it was commanded to the Sheriffs of Middlesex that they should attach the aforesaid I. T. so that he might be before our Lady the Queen at Westminster on Thursday next after a month of Easter then next following to answer the aforesaid R.S. of the Plea aforesaid the same day was given to the aforesaid R. here c. At which day before our Lady the Queen at Westminster came the aforesaid R.S. in his proper person And Christopher Hawks and T.G. Sheriffs of the said County of Middlesex by vertue of the precept aforesaid before our Lady the Queen at Westminster returned that the aforesaid I. had nothing within their Balywick by which he could be attached Upon which it was commanded to the same Sheriffs that they should take him if c. And him safely c. So that they might have his body before our Lady the Queen at Westminster on Monday next after eight dayes c. from thence next following to answer the aforesaid R.S. of the aforesaid Plea The same day was given to the aforesaid R. here c. And the aforesaid Sheriffs of Middlesex by vertue of the precept aforesaid commanded a certain Warrant to the aforesaid I. E. Bayliff of the Liberty of the Bishop of London in the County of Middlesex who had full return of all Writs Precepts and Warrants c. And so recite the return untill for that Execution thereupon elsewhere in the County aforesaid out of the Liberty aforesaid could not be made Which said I.C. by vertue of the Warrant aforesaid such a day and year at S. aforesaid in the County aforesaid took and arrested the aforesaid I. T. And the aforesaid I. C. plotting to defraud the aforesaid R. S. and to defer him from the recovery for his Trespass aforesaid he the said I.T. so taken and Arrested the aforesaid I.C. such a day year and place aforesaid suffered to go at large by which he the same R. S. is deprived altogether of the recoverie for his Trespass aforesaid To the damage of him the said R. twenty pounds And thereupon he brings his Sute c. Escape against a Sheriff for not having the body of one by him arrested at the retorn of the Writ ss HEnry Appleton latly Sheriff of Essex was attached by a Writ of Privilege of our Lord the King from the Couâ—t here issuing to answer H.C. one of the Attorneys of the Court of our Lord the King of his Bench here according to the Liberties and Privileges of the same Court for the like Attorneys and other Ministers of the same Bench from time out of mind used and approved in the same of a Plea of Trespass upon the Case And whereupon the same H.C. in his proper person Complains wherefore whereas one T.D. a forreign Merchant was indebted to him the said H. C. in a hundred pounds of lawfull money c. To be payd to him the said H. C. when he should be thereunto required And for that that the aforesaid T. D. had not payd the same hundred pounds to him the said H.C. he the said H. C. for the more speedy recovery of that debt such a day and year then being one of the Attorneys of the Court of the Bench of our Lady the Queen here according to the Liberties and Privileges of the same Court from the whole time aforesaid used and approved in the same out of the same Court of Bench here prosecuted a certain Writ of Privileges of our Lady the Queen against the aforesaid T. D. to the then Sheriff of the aforesaid County of Essex being directed By which said Writ our aforesaid Lady the Queen Commanded him the then Sheriff that the same Sheriff should attach the aforesaid T.D. so that he might have him before the Justices of our Lady the Queen here on Tuesday next after the Morrow of all Souls then next following to answer unto him the said H. C. of a Plea of Debt Which said Writ he the said H.C. afterwards to wit such a day and year to the aforesaid H. A. then being Sheriff of the aforesaid County of E. at London that is to say in the Parish c. delivered in form of Law to be executed by Vertue of which said Writ the aforesaid H. A. the same day and year c. then being Sheriff of the aforesaid County of E. Commanded the Bayliff of the Libertie of our Lady the Queen of her hundred of B. in the aforesaid County of E. which said Bayliff had Execution of all Writs within the same Liberty for that no Execution of that Writ could be made within his Bailiwick else-where That he should attach the aforesaid T. So that he might have his body before the aforesaid Sheriff before the retorn of that Writ So that the same sheriff might have him before the Justices of our Lady the Queen here at the aforesaid day of Wednesday next after c. to answer the aforesaid H. C. of the aforesaid Plea By vertue of which said Warrent the aforesaid Bayliff afterwards to wit such a day year and place in the aforesaid County of E. within the Libertie aforesaid he took and arrested the aforesaid T. And the same Bayliff after that taking and arresting and before the said day of Wednesday c. to wit the second day of N. in the twenty seventh year aforesaid the aforesaid T. to one H. C. then Deputie of the aforesaid H. A. authorized by the same H. A. in that behalf he delivered to be safely kept as the aforesaid H. A. retorned to the aforesaid Justices of our Lady the Queen here at the aforesaid day of Wednesday c. The aforesaid H. A. his Office of a Sheriff in the just and true Execution of the Writ aforesaid little caring but
knowing the aforesaid T. to be a fugitive and deceiptfull person and plotting and intending him the said H.C. to hinder from the recoverie of his debt aforesaid and to cause him the said H.C. what in him lay wholly to lose his debt aforesaid the aforesaid T. before the aforesaid Justices of our Lady the Queen here at or ever after the aforesaid day of Wednesday c. according to the purport of the aforesaid Writ he had not but the same T. he the said H. C. of his said debt aforesaid being in no wise satisfied or in any manner contented before the retorn of the same Writ to wit such a day and year at London c. in the Parish c. he suffered to go at large whithersoever he would in the danger of the losse of the debt of the aforesaid H. C. For that if the aforesaid H. A. had had the aforesaid T. before the Justices of our Lady the Queen here at the aforesaid day of Wednesday c. according to the purport of the Writ aforesaid and the aforesaid Arrest then the same T. ought to have found in the Court here to him the said H. C. sufficient Manucaptors who must have undertaken for the aforesaid T. that if the same T. should be Convict in the Debt aforesaid that then he the said T. should pay the debt aforesaid to him the said H.C. or should render himself to the Prison of our Lady the Queen of the Fleet by occasion of the Judgement of and upon the Premisses to be rendred or that they the said Manucaptors the debt aforesaid for the aforesaid T should pay to him the said H. C. And if the same T. did not find such Manucaptors that then he should be committed to the Prison of our Lady the Queen of the Fleet there to stay untill he should do it To the damage of him the said H. C. a hundred pounds And thereupon he brings his Sure c. And the aforesaid H. A. by Thomas Foster his Attorney comes and defends the force and injurie when c. Not guilty pleaded And sayes that he is in nothing guilty of the Premisses above imposed upon him And of this he puts himself upon the Countrey And the aforesaid I. C. in like manner Therefore Command is given to the Sheriff that he cause to come here in eight dayes of the Purification of the blessed Virgin Mary and c. By whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid here c. This was tried in London and a Verdict and Judgement for the Plaintif And a Writ of Error was brought and assigned for Error For that it appears not in what place the Bailiff of the Libertie delivered the Prisoner to the aforesaid F. the under-Sheriff nor whether he was delivered in the County of Essex or no. Error also for that he said not in his Declaration that the Defendant took no securitie for the appearance aforesaid for it might be that the Sheriff delivered him up upon Bayl according to the form of of the Statute Error also for that the Plaintif said not that the aforesaid T. appeared not in the Bench. Afterwards the Defendant after he had pleaded in nullo est Erratum died And then was made this Entrie following as yet c. Afterwards to wit the fifth day of May in the Four and thirtieth year of the reign of our Lady the Queen that now is before our Lady the Queen at Westminster came the aforesaid H. A. by his Attorney aforesaid And sayes that the aforesaid H. C. is dead and prayes licence to purchase a new Writ of Error c. And it is granted unto him c. And afterwards to wit the sixt day of May then next following before our Lady the Queen at Wistminster came the aforesaid H. A. by his Attorney aforesaid And brought before our Lady the Queen a certain new Writ of Error of our Lady the Queens directed to the Justices of our Lady the Queen of the Pleas before her the said Queen assigned to be held which said Writ follows in these words Elizabeth c. And so recite the Writ of Error And upon this the same H.A. says that in the Record and Processe aforesaid as also in the rendring of the Judgement aforesaid it is manifestly Erronious alleging for Errors the severall matters above assigned And the same H.A. sayes further that the aforesaid H.C. before his death to wit at London aforesaid in the Parish and Ward aforesaid made his last VVill and Testament in writing And thereby Constituted and ordeined Elizabeth his then wife Executrix of his Testament aforesaid and there afterwards died And the same H. A. prayes a VVrit of our Lady the Queen to warn the aforesaid Executrix of being here c. retornable on the morrow of the holy Trinitie c. wheresoever c. At which day came the aforesaid H. A. by his Attorney And the aforesaid Defendant by John Williams her Attorney came And upon this the aforesaid H. A. as formerly sayes That in the Record and Premisses aforesaid c. it is manifestly Erronious And the Executrix pleads that it is in nothing Erronious and so they continue it for argument And afterwards upon full debate judgement was affirmed ACTIONS OF DEBT AND DIVERS OTHER Actions and Pleas. DEBT ss W C. Complaineth of I.H. in the Custody of the Marshall c. of a plea A Declaration in Debt upon a Bill to be paid at the day of Marriage of the Defendant that he render unto him 20 l. of good and lawfull c. which c. for that to wit that whereas the aforesaid I. in such a day and year at c. by his certain Bill Obligatory sealed with the Seal of him the said I and unto the Court c. whose date c. acknowledged himself to owe unto the said W. the aforesaid 20. l. to be paid unto the said W. at the day of the Marriage of him the said I and the said W. in fact saith that the said I. afterwards that is to say in such a day and year c. married to wife one M.A. by which an Action did accrue unto the said W to require c. ss W. B. next of Kin of R.B. deceased Declaration in Debt for an Administrator against an Administrator Administrator of all and singular the Goods Chattels rights and Credits which where of R.B. late of H. in the County of Middlesex Yeoman otherwise called c. deceased which dyed intestate complaineth of A.N. Widow Administrator of all and singular the goods and chattels rights and credits which were of R.N. late of F. in the County of Middlesex Yeoman deceased in the custody of the Marshall c. of a Plea that he render unto him 60. l. of lawfull c. which c. for that to wit that whereas the aforesaid R.N. in his life that is
neither himself to the Prison of the Marshall of the Lord the King before him the said King by that occasion hath rendred according to the form and effect of the Recognizance aforesaid by which an Action did accrew to the said R. to require and have of the said A. the aforesaid 100. pounds notwithstanding the said A. the aforesaid 100. pounds unto the said R. hath not yet rendered but the same to him hitherto to render hath denied and as yet doth deny Whereupon c. Declaration for Costs for the Defendant for the Plaintifs not prosecution In the sixth year of Queen Elizabeth ss G. F. Complaineth of I. W. in the Custody of the Marshall c. for that namely that whereas in the Statute in Parliament of the now Queen at Westminster in the County of Middlesex in the eighth year of her Reign by Prorogations continued and then and there held amongst the rest of the matters it was contained that when and as often as any person or persons after the first day of January then next following should sue forth or by any means should cause to be sued forth out of the Court of the said Queen commonly called the Kings Bench any Writ or Proces of Latitat ali as Pluries Capias in the same Statute mentioned against any person or persons who upon the same Writ or Writs should happen to be arrested or which should appear upon the return of any the said Writs or Processes and should put in Bayl to answer such sute which against him should be brought according to the Common Course of the said Court that then in every Case if the party or parties at whose sute means or procurement the said Writ or Proces is obtained or were sued forth within three dayes next after such Bayl had and taken should not put in the same Court his or their Declaration against the same party or parties against whom such Writs or Proces were sued forth or should be or if after Declaration had or put in the same Court the Plaintif in such case should not prosecute the same with effect but voluntarily and apparently to the said Court should suffer his or their Sute to be delayed or after Declaration so had should suffer the Sute to be discontinued or otherwise Non-sute in the same that then in every such case the Judges of the said Court for the time being by their discretion from time to time even as they shall see or perceive any such default to be in the partie or parties at whose Sute means or procurement such Writs or Proces were sued forth should grant and award unto every such person and persons so arrested vexed molested or troubled by such Writs or Sutes his or their Costs Damages and Charges whatsoever so susteined by reason of such Writ Proces arrest or Sute taken and sued or had against him to be paid by such person or persons which so procured any such Writs or Proces to be sued forth as before it is said And further by the said Statute It was enacted that every person and persons unto whom any Costs Charges Damages Forfeiture or payment of any sum or sums of money by authority of the said Act should be granted adjudged or forfeited at all times from thence hereafter should or might have his or the Remedy for the Recovery thereof by his or their Action of Debt Bill or Plaint in any Court of Record against such person or persons their Heirs Executors or Administrators which should or ought to have paid the same by virtue or force of the said Act in which Action Bill or Plaint No Essoyn Protection or Wager of Law should be admitted or allowed unto any Defendant or Defendants in the same as by that Act amongst other things plainly it doth and may appear Notwithstanding which the said I.W. the said Statute nothing at all regarding nor the penalty in the same contained fearing after the said first day of January in the said Statute mentioned that is to say in the Term of St. Michael in the 12th year of the Reign of the now Queen out of the sayd now Queen here commonly called the Kings Bench at Westminster in the County of Middlesex then being sued forth a certain Precept of the said Queen to the then Sheriff of Middlesex directed to take the aforesaid G. if c. and safely c. so that he should have his body before the said Queen at Westminster the day c. to answer unto the foresaid J. of a Plea of Trespas Upon which said Precept the then Sheriff of the said County of Middlesex retorned that the said I. was not to be found in his Bailiwick Upon which on the behalf of the said I. in the Court of the said Queen before her the said Queen it was sufficiently testified that the said G. did lye hid and run into the County of S. at the request of the said I. the said Queen then Commanded the then sheriff of the said County of S. that he should take the said G. if he should be found in his Bailiwick and him safely to keep so that he should have his body before us at VVestminster the day c. to answer unto the foresaid J. of the said Plea of Trespas according to the express of that Writ the said I.G. afterwards that is to say in such a day and year c. at P. in the said County of S. by M.F. the then Sheriff of the said County of S. by virtue of the said Writ of Latitat was arrested to answer unto the said I. of the said Plea according to the Compulsion of that Writ by pretence of which said Writ the said G. afterward that is to say the day c. in the year abovesaid at VVestminster in the said Court of the said Queen in his proper person appeared and put in Bail to answer the said I. of the said Plea of Trespas according to the common Course of that Court. And the said G. in fact saith that the said I. within three dayes next following the said day of January in the aforesaid year did not put his Declaration in the said Court against him the said G. by pretence of which the said G. in his proper person as it is beforesaid appearing here in the Court of the said Queen before the same Queen according to the form of the said Statute there was adjudged unto the said G. 20. shillings for his Costs Charges and Damages by occasion of the Arrest and vexation of him the said G. sustained by which an Action did accrew unto the said G. to have and require of the aforesaid I. the said 20. shillings according to the form of the said Statute c. Notwithstanding which the said I. although often required c. the said 20. shillings unto the said G. hath not yet paid but the same unto him hitherto hath altogether denyed to pay and as yet denieth to the Damage c. And
thereupon c. Declaration upon an Escape made by the Sheriff Surrey ss A. B. Complaineth of C.D. Esquire late Sheriff of the County of E. in the Custody of the Marshall c. of a Plea that he render unto him 101. pounds of lawfull money of England In the like manner the Plaintiff declares in debt upon Judgement which unto him he oweth and unjustly detaineth for that that is to say that whereas the said A. formerly that is to say in the Term of St. Michael in the 28. and 29. years of the Reign of E. now Queen of England at VVestminster in the County of Middlesex before her the said Queen at VV. by F.G. his Attorney came and brought then there in the said Court his certain Bill against H.I. in the Custody of the Marshall c. of a Plea of Debt Declaration in Debt upon Obligation And there were Pledges to that Bill that is to say I. Doo and R. Roo which said Bill so by him brought followeth in these words ss London ss A.B. otherwise A.B. of c. complaineth of H.I. of c. otherwise called c. in the Custody of the Marshall of the Marshalsey c. of a Plea that he render unto him one hundred pounds of lawfull c. which to him he oweth and unjustly deteyneth for that namely that whereas the said H. the 20th day of M. in the said 28. eight year of the reign of the said E. now Queen of England at L. that is to say in the Parish of the blessed Mary of the Arches c. by his certain Writing Obligatory with his Seal c. and unto the Court c. whose Date c. to be paid c. and so repeat the whole Declaration untill And thereupon then he brought his Sute c. Afterwards that is to say Tuesday next after eight dayes of St. Hillary The Importance from thence forth next following untill which day the said H. had Licence to impart to the said Bill and then to answer c. before the said Queen at VVestminster came the said A. by his said Attorney Saith nothing in Debt And the said H. although solemnly called came not nor any for the said H. said any thing in barre or preclusion of the Action of the said A. by which the said A. then remained thereupon against him undefended Judgement upon saith nothing in Debt And that then in the same Court it was considered that the said A. should recover against the said H. his said Debt and also 20. shillings for his Damages which he had susteyned aswell by occasion of the deteining of that Debt as for his Charges and Costs by him about his Sute in that behalf put to And that the said H. should be in mercy c. as by Record thereof in Court of the said Queen here remaining more fully appeareth And afterwards that is to say the fifth day of July in the 29th year of the Reign of the said Queen for that the said H. the said Debt and Damages unto him the said A. had not paid the said A. sued forth out of the Court of the said Queen here at Westminster aforesaid a certain Writ of the said Queen to take the said H. to satisfie him the said A. of and for the said Debt and Damages directed to the said Sheriff of the County of E. and retornable before the said Queen at Westminster in the County of Middlesex Monday next after three weeks of St. Michael from thenceforth next following which said Writ the said A. afterwards and before the retorn of the same that is to say the tenth day of S. then next following at Westminster aforesaid delivered to the said C.D. the Sheriff of the said County of E. then being in form of Law to be executed by pretence of which said Writ the said C. afterwards that is to say the 13th day of October in the 29th year abovesaid at K. in the County of E. aforesaid took and arrested the said H. and him so arrested did lead to the prison of her the said Queens Gaol of E. called E. Gaol within the Town of E. in the said County of E. in his Custody and the same H. in the Prison of her the said Queens Gaol of E. aforesaid in the said County of E. in his Custody had in Execution of and for the said Debt and Damages untill the Tenth day of November in the 29th year abovesaid and him the said H. so in Execution for the said Debt and Damages under the Custody of the said C. then Sheriff of the said County of E. being the same C. afterwards that is to say the same Tenth day of November in the 29th year abovesaid at Southwark in the County of Surrey aforesaid the same H. without leave and against the will of him the said A. out of the Custody of him the said A. suffered to escape and to go at large whither he would the said A. for the said Debt and Damages or any penny thereof then being altogether unsatisfied by which an Action did accrew unto the said A. to require and have of the said C. the said 101. pounds Notwithstanding the said C. although often required c. the said 101. pounds unto the said A. hath not as yet paid but the same to him hitherto hath altogether denyed to pay and as yet doth deny to the Damage of him c. Protestation he did not suffer to go at large And the said C. by N.O. his Attorney commeth and defendeth the force and Injury when c. because protesting that the said C. did not take and arrest him the said H. by virtue of the said Writ as the said A. above against him Complaineth for Plea the said C. saith that he the said C. did not suffer the said H. to escape and to goe at large whither he would in manner and form as the said A. before against him declared And of this c. And the said c. therefore c. Declaration upon Accompt after Auditors assigned when the Defendant is found in arrears ss T. S. Complaineth of A.B. in the Custody of the said Marshall c. of a Plea that he render unto him 6. pounds of good and lawfull money c. which c. for that to wit whereas the said A. B. such a day and year at c. with the aforesaid T. before I. and F. Auditors assigned by the said T. to hear the Accompt of him the said A.B. had accompted concerning divers sums of money of his the said T. by the aforesaid A. to the Accompt of the said T. when he was thereunto required before that time received and upon that Accompt the said A. was found in arrerages towards him the said T. in the aforesaid 6. pounds by which an Action did accrew unto the said T. to require and have of the said A. the aforesaid six pounds the said A. notwithstanding although often c.
his Reign amongst other things it was ordained and firmly remaineth that aswell the said late King his Heirs and Successors as all and singular such person and persons their Heirs and Assigns who then had or from thence afterwards should have any Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Ecclesiasticall houses or places Sites Circuits and Precincts of them or any of them or any Mannors Messuages Rectories appropriate Tythes Pensions Portions or other Hereditaments whatsoever they should be which belonged or appertained or which then that is to say at the time of the publishing of that Statute did belong or appertain unto the said Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryers houses or other Religious and Ecclesiasticall houses or places or unto any of them they should have hold retein keep and enjoy aswell the said Rectories appropriate Tythes Pensions and Portions as the said Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses and other Religious and Ecclesiasticall houses and places Sites Circuits Precincts Mannors Messuages Lands Tenements and other Hereditaments whatsoever they should be and every of them according to their Estates and Titles discharged and acquitted from the payment of Tithes as freely and in as large and ample manner as the said late Abbots Priors Abbesses Prioresses and other Ecclesiasticall Governours and Governesses or any of them had held occupied possessed used reteined or enjoyed the same or any parcell thereof at the dayes of their dissolution suppression renouncing dissertion forfeiture giving up or comming to the Highness of the late King of such Monasteries Abbeys Priories Nunneries Hospitalls Friers houses or other Religious or Ecclesiasticall houses or places or at the day of dissolution suppression renuntiation desertion giving up or comming to the hands of the said late King of any of them by the said Act or any thing in the same conteined to the contrary thereof notwithstanding as by the said Statute among other things more fully it doth and may appear Giving up of the Abbey land by the Abbot unto the King The foresaid late Abbot as well of the said Rectory as of the said Tenements with th' appurtenances called the Demesns from the payment of the said tithes was discharged as afore is said in form aforesaid being seized the said late Abbot the 28. day of January in the said 31. year of the Reign of the said late King H. 8. at Westminster aforesaid by the assent of the said late Monastery then called together by his certain Writing then sealed with the Conventuall Seal of the said late Monasterie and in the Chancery Court of the said late King at Westminster aforesaid then held and being and in due manner inrolled of Record bearing date the same day and year gave granted and gave up unto the said late King H. 8. the said late Monastery and also the said Rectory and the said Tenements called the Demesns with th' appurtenances amongst ather things To have and to hold unto the said late King his Heirs and Successors amongst other things for ever by virtue of which and by force of the said Statute the said late King H. 8. was of that Mannor Rectory and Tenements with th' appurtenances amongst other things seized in his Demesn as of Fee in the right of his Crown of England and so thereof being seized the said Tenements with th' appurtenances called the Demesns and every parcell thereof held and enjoyed and ought to hold and enjoy discharged and acquitted from the payment of any Tithes aforesaid above in this behalf recited of in or upon the said Tenements with th' appurtenances called the Demesns and every or any parcell thereof yearly in manner and form aforesaid above in this behalf alleged in any manner growing happening sheering milking or renewing by pretence of the said Act of the rest of the premisses and the foresaid late King of the same Tenements with th'appurtenance called the Demesns from the payment of the said Tithes in that manner aforesaid discharged in form aforesaid being seized the said late King Intailment made by Letters Patents of the King the 20th day of April in the 34th year of his Reign at Westminster aforesaid by his Letters Patents sealed with his great Seal of England and in due manner made and to the Court of the said now Queen here proffered bearing date the same day and year gave and granted the said Tenements with th'appurtnances called the Demesns unto one E.R. Knight and unto the Lady V. then his Wife To have and to hold to them the said E. and V Form of pleading of a Deed in the tayl and the Heirs males of the body of him the said E. lawfully begotten and for default of such issue the Remainder thereof unto one F. R. Esquire brother of the said E. and to the Heirs males of the body of him the said E. lawfully begotten and for default of such issue the Remainder thereof unto the right Heirs of one R. R. Knight then deceased late Father of the said E. for ever To hold of the said late King his Heirs and Successors in Chief by the Tenth part of one Knights fee As by those Letters Patents amongst other things more plainly it doth and may appear By pretence of which said Letters Patents they the said E. and V. into the same Tenements with th' appurtenances called the Demesns entred and were thereof seized that is to say the said E. in his Demesn as of Fee tayl in form aforesaid and the said V. in her Demesn as of Free-hold for term of her life the Remainder thereof as aforesaid is remaining and the said E. and V. of the same Tenements with th' appurtenances called the Demesns in that manner afore-spoken of being seized they the said E. and V. the same Tenements with th'appurtnances likewise held and enjoyed of and from the payment of the said Tithes before in this behalf alleged in whatsoever manner growing happening sheering milking or renewing By right of increase altogether discharged by pretence of the said Act and of the rest of the Premisses and so thereof being seized the said E. afterwards at B. with N. aforesaid dyed without Issue male of his body lawfully begotten and the said V. him survived and held her self in into the said Tenemenes with th'appurtences called the Demesns and was thereof solely seized in her Demesn as of Freehold for term of her life the remainder thereof in form aforesaid being And the said V. of the same Tenements with th' appurtenances in that manner afore spoken Note whensoever any doth allege land to be discharged from the paying of Tithes and the same land was conveyed from the King to divers persons the Plaintif in Prohibition ought to allege the same lands to be held and discharged by whatsoever persons using the same lands being seized She the said V. likewise held and enjoyed the said Tenements with th' appurtenances altogether discharged of and from the
appurtenances in those years of the Lord depasturing feeding and lying c. and so repeat all the Tithes the Defendant sued for in the 8th day of October in the 31. year of the Reign of the said now Queen at London that is to say in the Parish of the blessed Mary in the Arches c. drew into Plea and the said Defendant him the said V. the now Plaintif into the said Court Christian before the said spirituall Judge by the said occasion altogether unjustly inforced to appear and to answer unto the Defendant of and in the premisses And although the said V. the now Plaintif the said Statute and the rest of the premisses in discharge of the payment of the said Tithes by the said Defendant in the said Court Christian as afore it is said being required often had pleaded and alleged and had brought to prove that truth inevitable testimony Notwithstanding which the said spirituall Judge altogether refused to admit that Plea and Allegation And the said Defendant him the said V. the now Plaintif in the said Court Christian in the said Cause of Substraction of the Tithes aforesaid with all his force indevoured and from day to day devised to condemn and to compell to pay the said Tithes unto him by the definitive Sentence of the said Christian Court. Delivery of the Writ of Prohibition alleged And although the Writ of Prohibition of the said now Queen unto the said Defendant the third day of November in the 31. year of the Reign of the said now Queen aforesaid at London aforesaid in the Parish of c. in this behalf in the premisses directed and was delivered Notwithstanding the said Defendant the said Plea after that Prohibition unto him to the Contrary thereof directed delivered as afore is said that is to say the seventh day of November in the 31. year of the Reign of the said now Queen abovesaid in the said Court Christian before the spirituall Judge at London aforesaid in the Parish c. was further sued and in that Plea proceeded notwithstanding the said Writ of the said Queen of Prohibition unto him in form aforesaid directed and delivered to the contempt of the said now Queen and to the manifest damage prejudice Impoverishment and grief of him the said V. the now Plaintif and against the form and effect of the said Acts and Statutes whereupon the said V. the now Plaintif who aswell c. saith that he is the worse and hath damage to the value of 26. pounds And thereupon aswell for the said Queen as for himself produceth the Sute c. with this that the sayd V. the now Plaintif will prove that the sayd V.R. who demised the said Tenements with th' appurtenances called the Demesns unto the said V. the now Plaintif in form aforesaid is yet alive and in full life at B. with N. aforesaid remaineth And the said Defendant by Stephen Worley his Attorney commeth Defendant saith that the Abbot did not hold the Tenements discharged from the payment of Tithes and defendeth the force and Injury when c. all Contempt and whatsoever c. And saith that he did not sue the said Plea in the Court Christian aforesaid after the Queens Prohibition unto him to the contrary thereof first directed and delivered in manner and form as the said Plaintif above and against him Complaineth And of this c. And the said c. But for Consultation of the said now Queen thereupon had the said Defendant protesting that the said Rectory is not nor from the time c. was a Rectory appropriate Protestation and protesting also that the said late Abbot of the said late Monastery of the blessed Mary and St. Egwyn of Evesham aforesaid at the said time of the dissolution and suppression of the said late Monastery by all his Predecessors Abbots of the same late Monastery for the time being from the time of which to the contrary c. were not seized aswell of the Rectory aforesaid with th' appurtenances as of the said 500. acres of land 40. acres of Meadow and 100. acres of Pasture with th' appurtenances in B. with N. aforesaid called the Demesns Together at once and all at once together at once and all at once in his Demesn as of Fee in the right of his said late Monastery And also protesting that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being did not hold the said Tenements with th'appurtenance called the Demesns and every parcell thereof from the time of which to the contrary c untill the said time of the dissolution or suppression of the said late Monastery in manner and form as the said Plaintif afore against him complaineth for Plea the said Defendant saith that the said late Abbot at the said time of the dissolution or suppression of that Monastery did not hold and enjoy the said Tenements called the Demesns and every parcell thereof discharged and acquitted of and from the payment of the said Tithes in manner and form as the said Plaintif before against him complaineth And of this c. And the said c. therefore c. England ss Mich. 11. 22. of Eliz. Statute of 13. R. 2. MEmorandum that such a day in that same Term before the said Queen at Westminster came Jo. Osborn in his proper person and giveth the Court of the said now Queen here to be understood that whereas in the Statute in Parliament of the late Lord Richard late King of England the second after the Conquest at Westminster in the County of Middlesex in the 13th year of his Reign held published amongst other things that the said Admiralls or their Deputies of any business within the Kingdom of England unless onely of a matter upon the Sea done Suggestion for a Prohibition to the Admiralty for that it holdeth Plea for words Statute of 15. year of R. 2. as in the time of the said now Queen Elizabeth the third year of the Reign of _____ late King of England was duly used and in no wayes whatsoever they themselves should hinder And whereas also in the Statute in Parliament of the late King Richard the second at Westminster aforesaid in the 15th year of his Reign held amongst other things Ordeined and firmly it remaineth that all manner of Contracts Pleas and Plaints and all other matters arising within the body of the County aswell by Land as by Water and also of Wreck of Sea the Court of Admiralty should in no wayes have the Cognizance power nor Jurisdiction Cognizance of Plea And that all such Contracts Pleas and Plaints and all other Emergencies within the body of the County aswell by Land as by Water as before is said and also Wreek of Sea should be tryed ended discussed and remedied by the Lawes of the Land and not before the Admirall nor by the Admirall nor by his Deputy in any
the Sea in his Voyage towards London aforesaid with the said Wine And further the said I. N. in fact saith that after the said lading of the said thirty two Pipes of Canary Wines of the said I. N. in the said Ship in form aforesaid done to be transported from the said Isle of Teneriff up to London aforesaid and after the said departing of the said Ship from the said Port of the Isle of Teneriff aforesaid in his said Voyage towards London aforesaid the same Ship bâ—ing laden with the said thirty two Pipe of Canary Wines of him the said I. N. in saying upon the main Sea from the Isle of Teneriff aforesaid towards London aforesaid that is to say the twenty eighth day of I in the fortieth year of the Reign of the said now Queen aforesaid by the boisterousness of Winds and great Tempests in the main 〈◊〉 was overwhelmed and there was cast away and the said thirty two Pipes of the Canary Wines of him the said I. there then and in the main Sea were altogether lost that the said I. N. afterwards that is to say the Tenth day of A. in the fortieth year aforesaid at London aforesaid in the Parish and c. gave Notice to the said 8. of the said losse Notwithstanding which the said E. his promise and Assumption aforesaid nothing regarding but imagining and fraudulently intending the said I. N. of the said twenty five pounds or any parcell thereof unto the said I. N. hath not as yet paid or in any manner for the same hath satisfied although afterwards that is to say such a day and year at L. aforesaid in the Parish and c. was required by the said I. to doe this whereupon the said I. faith that he is the worse and hath Damage to the value of ten pounds And thereupon he bringeth his Sute c. ss EDward Ayscoughe Esquire complaineth of Thomas Pelhum Esquire late Sheriff of the said County Surrey Declaration against a Sheriff for that he did not arrest one in exccution upon a Cap. utl after Judgement being in his presence Enquire if the Plaintif ought not declare who aswell for the Queen as for himself A Cap ' to satisfie to the Sheriff of London and that he was not to be found ret ' thereupon for that that the Originall Writ there had issued in the Custody of the Marshall c. for that that whereas the said E. formerly that is to say in the Term of St. Michael in the 28. and 29th years of the Reign of the now Queen before Edmond Anderson Knight and his fellows then Justices of the Queens Bench at Westminster in the County of Middlesex by Consideration of the same Court had recovered against one W. Howard late of c. sixty five pounds three shillings four pence which was adjudged unto the said E. in the Court of the said Queens Bench for his Damages which he had by occasion of a certain Trespas upon the Case unto him by the aforesaid W. done as it had been said whereupon he was convicted upon which said Judgement the said E. for the more speedy obtaining of the said Damages afterwards that is to say the nineteenth day of J. in the thirtieth year of the said now Queen shed forth out of the Court of the said Queens Bench a certain Writ of the same Queen to satisfie against the said W. directed to the then Sheriffs of London where his Originall Writ in the said Plea had formerly issued by which said Writ the said Queen had commanded them the said then Sheriffs of London that they should take the said W. if he should be found in their Bayliwick and him safely to keep so that they should have his body before the Justices of the said Queen at Westminster from the day of the holy Trinitie in fifteen dayes then next following to satisfie unto the said E. of the said 65. pound 3. shillings four pence which unto the said E. in the same Queens Court were adjudged for his said Damage whereof he was Convicted At which day before the said E. Anderson and his fellows then Justices of the said Queens Bench at Westminster aforesaid came the same Edward by his Attorney and T. Skinner and I. Catcher then Sheriffs of London sent to the then Justices of the said Queen at Westminster that the said W. was not found in their Bayliwick by which then and there a Command was to the same then Sheriffs of London Exigent to the Sheriffs of London that they should cause to be called the said W. from Husting to Husting until according to the Law and Custom of the Kingdom of the said Q. of England he should be Outlawed if he should not appear and if he should appear then they should take him and cause safely to be kept so that they should have his Body before the Justices of the said Queen at Westminst aforesaid on the Morrow of all Souls then next following to satisfie unto the said Edward of the said Damages At which day before the aforesaid Justices of the said Queen at Westminster came the said E. by his said Attorney Exigent retorned by the new Sheriffs which was executed by the Sheriffs of London their Predecessors and H. Offeley and R. Saltenstall then Sheriffs of London then and there retorned the said Writ unto them by the said T. Skinner and I. C. late Sheriffs of London their Predecessors in going out from their Office delivered unto them and in form following retorned and executed that is to say at the Husting of a Plea of the Land held in Guild-hall of the City of London on Monday next after the Feast of the Apostles of Peter and Paul in the thirtieth year abovesaid the said W. the first time was called and did not appear At the Husting of a Plea of the Land held in the Guild-hall of the said City on Monday next after the end of St. Mildred the Virgin in the thirtieth year abovesaid the said W. was the second time called and did not appear At the Husting of a Plea of the Land held in Guild-hall of the said City on Monday next after the end of St. James the Apostle in the thirtieth year abovesaid the said W. was the third time called and did not appear At the Husting c. held c. on Monday next afor the end of St. Faiths the Virgin in the year c. the said W. was the fourth time called and did not appear At the Husting c. held c. on Monday next after the end of St. Luke the Evangelist in the thirtieth year abovesaid the said W. was the fift time called and did not appear therefore he was Outlawed Outlawed Upon which the said E. afterwards that is to say in the Term of St. Hilary in the thirty second year of the Reign of the said now Queen he Sued forth out of the said Court of the Queens Bench aforesaid at Westminster aforesaid a certain Writ
of the said Queen to take the said W. so as is premised Outlawed Cap ' utl to the Sheriff of Surrey directed Speciall Cap ' Utl. directed to the Sheriff of Surrey by which said Writ of the said Queen unto the then said Sheriff of Surrey is commanded that he should not omit for any Liberty of hiâ— County but that by the Oath of honest and lawfull men of his County he should diligently enquire what Goods and Chattels Lands and Tenements the said W. had in his Bayliwick on Monday next after the end of St. Luke the Evangelist aforesaid in the thirtieth year abovesaid or ever after that day he was Outlawed in London at the Sute of the said E. of a Plea of Trespas upon the Case whereupon he was convicted as the said Sheriffs of London unto the Justices of the said Queen at Westminster at a certain day then past had sent And he by their Oath should cause to be extended and apprised according to the true vaâ—ue of the same and those things which by that Inquisition should be found he should take into the hands of the said Queen and should cause the same to be safely kept so that out of the true value and profits thereof he should answer unto the said Queen and the same so extended and appraised what therupon he should do he should make known unto the then Justices of the said Queen at Westminster from Easter day to one Moneth next following distinctly and plainly under his Seal and under the Seals of them by whose Oath he should make that Extent and Appraisement And for that the said W. lay Out awed and did run into the said County of Surrey in Contempt of the said Queen and prejudice of her the said Queens Crown the Queen thereupon commanded the said Sheriff of Surrey that he should take the said W. wheresoever in the Bayliwick aswell within a Liberty as without he should happen to find him and cause him to be safely kept so that he should have his body before the Justices of the said Queen at Westminster at the said Term to do and receive what the Court of the said Queen of that shall consider in this behalf and that he should have then there that Writ And although the said E. after the issuing forth of the same Writ and before the said Moneth of Easter that is to say the second day of March in the year of the Reign of the now said Queen thirty two abovesaid at Southwark in the said County of Surrey in the presence of the said W. then being at large and whom the said T. by vertue of any Writ of the said Queen lawfully and safely might take delivered unto the said Thomas Pelham then being Sheriff of the said County of Surrey that writ in form of Law to be executed and the same Edward then and there offered to pay unto the said Sheriff the Fee due unto him for the Execution of the same Writ and then and there required the said Sheriff that he should execute the said Writ as to him by that Writ it was commanded notwithstanding which the said T. P. then and continually afterwards untill the said Moneth of Eastet and after the said Moneth of Easter the said Sheriff of the said County of Surrey being the Command of the said Queen little weighing and his office of Sherivaâ—ty in the true and just execution of that Writ to him directed as by the bond of his Oath he was bound nothing regarding cunningly imagining not onely the said Queen of that which belongeth to the said Queen by reason of the Outlary aforesaid to defraud and him the said E. from the obtaining of the said Damages in form aforesaid recovered very much to hinder And also the Court of the said Queens Bench in this behalf to deceive and mock the said W. so as is Premised Outlawed as contemning the said Queens Crown and Dignity and the Law of her the said Queen continually from day to day after the Receipt of the same Writ and before the Retorn of the same at large in his Bayliwick going and there remaining altogether refused to take and arrest and that Writ at the aforesaid Moneth of Easter before the Justices of the said Queens Bench had not neither did Retorn nor any thing thereupon did but that Writ altogether concealed to the Contempt of the said Queens Command and manifest deceiving and mocking of the said Court and also not to the small damage and grief of him the said E. and the manifest hindrance and delay of the recovery of his said Damages Not guilty pleaded to the Damage of him the said E. one hundred pounds And thereupon he bringeth his Sute c. Declaration upon an Assumpsit to save one harmless upon an Obligation ss E. B. complaineth of R. C. in the custody of the Marshall c. for that to wit that whereas the aforesaid E. such a day and year at H. in the County aforesaid at the speciall instance and request of the aforesaid R. by his writing Obligatory bearing Date the same day and year was bound together with the aforesaid R. and for the sole Debt of the said R. unto one P. B. upon condition thereupon Indorsed that if the aforesaid R.C. should pay unto the aforesaid P. B. at a certain day in the same Condition contained eight pounds of lawfull c. that then that Writing should be void and of none effect otherwise to remain in his strength and vertue the aforesaid R. afterwards that is to say in such a day and place in Consideration aforesaid assumed upon himself and the aforesaid E. B. then and there faithfully promised that he the said R. at all times then afterwards should discharge the aforesaid E. against the aforesaid P. from the aforesaid Writing Obligatory yet nevertheless the aforesaid R. his promise and assumption aforesaid not regarding hath not hitherto discharged the aforesaid E. from the aforesaid Writing Obligatory although he hath been often required by him the said E. to doe it whereupon the said E. saith that he is very much the worse c. ACTIONS OF TRESPASS TRESPASS AND the said T. S. by F. S. his Attorney commeth and defendeth the force and injury when Defendant justifies as his ServaÌ„t which had the Freehold c. And as to the comming with Force and arms c. not guilty as and as to the rest of the Trespass aforesaid above supposed to be done the said T. saith that the Action he ought not c. because he saith that the house aforesaid in the said Declaration above specified in which it is supposed the Trespass aforesaid to be done is and at the foresaid time in which c. was the ground and Freehold of the said I. B. by which the said T. as Servant of him the â—â—id I. and by his command at the same time in which c. the foresaid house as the house and ground and proper
were the customary Lands and parcell of the Mannor aforesaid and Demised and Demiseable by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being to whatsoever person or persons were willing to take the same in Fee-simple Fee-tayl for term of life or years or otherwise at the Will of the Lord according to the Custom of the said Mannor aforesaid and that he the said Plaintif of the Mannor aforesaid with th' appurtenances whereof c. so being seized before the said time of the foresaid Trespass done at his the said Court of the Plaintif of his said Mannor holden the said twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. at that time his Steward of his Mannor aforesaid granted the aforesaid Tenements with th' appurtenances unto the foresaid Defendant to have and to hold to the said Defendant and his Heirs by a Rod at the Will of the Lord according to the Custom of the said Mannor by vertue of which said Grant the said Defendant into the aforesaid Tenements with th' appurtenances entred and was thereof seized in his Demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleged And that the said Defendant being so thereof seized before the time of the said Trespass done that is to say the tenth day of November in the first and second year of the Reign of the now Lord the King and the now Lady the Queen made waste in the said Tenements with th' appurtenances in felling and cutting down one Oak of the age of Ten years and more and by Destroying the branches of the stem of the same Oak thereout growing with his Cattell under pretence of which the said Plaintif before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the second and third year abovesaid with force and arms c. the Close and House aforesaid at F. aforesaid brake and the aforesaid Oak to the value c. there lately growing cut down and carried away against the peace of the said now King and Queen as he above against him complaineth and this he is ready to prove whereof from which the said Defendant the said Trespass aforesaid above acknowledging the said Plaintif prayeth Judgement and his Damages by reason of that Trespass to be adjudged unto him c. Defendant pleads the Custome of the Mannor to give the customary Tenants liberty to cut down Trees growing upon their Tenements ss AND the said Defendant by Protestation not acknowledging any matters in the said Replication above to be true for Plea saith that within the Mannor aforesaid it hath from the time of which the memory of men is not to the contrary it had such a Custom that is to say that every Costomary Tenant of the Mannor aforesaid who held any Customary Tenements within that Mannor unto him and his heirs at the Will of the Lord of the Mannor by Copy of Court-Roll of that Mannor according to the Custome of the same Mannor could and might cut down whatsoever Trees and Wood growing in or upon the Customary Tenements without forfeiture of such Customary Tenements unto the Lord of that Mannor for the time being for such waste by which the said Defendant being seized of the Tenements aforesaid with th' appurtenances in which c. in his Demesn as of Fee at the will of the Lord of the said Mannor that Oak the said first day of October in the years of the Reign of the now King and Queen the second and third abovesaid then and there growing did cut down as to him it was lawfull and this he is ready to prove whereof as before he prayeth Judgement and that the said Plaintif from his action aforesaid against him the Defendant had may be precluded c. ss AND the said Plaintif as formerly he saith Plaintif maintains the Replication without this that there is such a Custom as the Defendant in his Rejoynder allegeth c. that he the said Plaintif is and at the time of the said Trespass done and long before was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and that the said Messuage and two acres of Land with th' appurtenances are and at the time in which c. and also from the time c. were Customary Lands and parcell of the said Mannor and Demiseable and demised by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being unto whatsoever person or persons is or are willing to take them in Fee-simple Fee-tayl for term of life or years or otherwise at the will of the Lord according to the Custom of the said Mannor And that the Plaintif of the said Mannor with th' appurtenances whereof c. before the said time of the said Trespass done that is to say at the said Court of him the Plaintif of his said Mannor holden the twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. then his Steward of his said Mannor granted the said Tenements with th' appurtenances unto the foresaid Defendant to have and to hold unto the said Defendant and his Heirs by a rod at the will of the Lord according to the Custom of the said Mannor by vertue of which said grant the said Defendant into the said Tenements with the appurtenances entred and was thereof seised in his demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleleged and that the said Defendant so being thereof seized before the said time of the said Trespass done that is to say the tenth day of November in the years 1. 2. abovesaid he made waste in the same Tenements with th' appurtenances that is to say in cutting and felling down one Oak of the age of ten years and more by destroying the branches of the stem of the same Oak thenceforth growing with his Cattell under pretence of which before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. he entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the years second and third abovesaid with force and arms c. the said Close and House at Foxley aforesaid did break and the Oak aforesaid to the value c. there lately growing
B. the Brother the said Moity of the said Tenements which was of his the said G. B. according to the said Custom of Gavelkind descended unto the said I. B. and unto one R. B. as Kin and Heirs of the whole bloud of the said G. B. c. namely as Sons of H. B. Brother of T. B. Father of the said T. Father of the said T. B. the Son and G. B. by which they the said I. B. and R. B. before the said time in which c. into the said Moity of the said Tenements entred and thereof were seized in their Demesn as of Fee and so thereof being seized before the said time in which c. thereof Infeoffed the said I. M. To have to him and his Heirs for ever by vertue of which said Feoffement the said I. M before the said time in which c. demised the said Moity unto the said I. B. for the said Term of two years yet in being as the same I. B. before hath alleged by vertue of which said demise the said I. B. of that Moity was possessed untill the said I.C. at the said time in which c. chased the said Horse out of the 20. Acres of Land as the said I. B. before complaineth Without this that it hath or from the time of which memory is not it had any such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whatsoever Parent begotten should be inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the said County and either of those Heirs should dye without Heir of his body seized of his purpart of such like Inheritance that then the other Heir Coparcener of the same Heir surviving might inherit and by all the said time was inheritable and hath inherited and ought to inherit according to that Custom that purpart of all the Lands and Tenements of the said tenure and nature of Gavelkind aforesaid of the other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so dying without Heir of his body as the said H.C. before in pleading hath alleged And this c. whereupon from which the said H. C. the said Trespass being acknowledged prayeth judgement and his damages by reason of the said Trespass before acknowledged prayeth judgement and his damages by occasion of that Trespass to be adjudged unto him c. Issue upon Custom And the said H. C. as before saith that it hath and from the time which memory doth not remain it had such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whomsoever begotten were inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the same County and either of those Heirs should dye without Heir of his body seized of his put part of such like inheritance that then the other Heir Coparcener of the same Heir superviving might inherit and by all the time aforesaid was inheritable and hath inherited and ought to inherit according to that Custom the purpartie of all the Lands and Tenements of the said tenure and nature of Gavelkind of the said other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so without Heir of his body dying as the said H. before in pleading hath alleged Enter the Court will advise before the Ven ' fac ' adjudged and a speciall rendting of his Judgement thereupon in which they were before to confer with the Justices of the Bench and a Writ of Ven ' fac ' of the body of the County of Kent should be awarded And of this he putteth himself upon the Country and the said I. B. likewise And because the Court of the Lady the Queen hereof c. issues aforesaid between the said parties before joyned will advise before any Writ of Venir fac ' to the Jury to try the issue should be adjudged day is given to the said parties before the Lady the Queen in what State now untill in 8. days of St. Hillary whensoever c. then to attend and hear the Order or Judgement of the said Court of and upon the premises for that that the Court of the Lady the Queen thereof c. At which day before the Lady the Queen at Westminster commeth the said parties by their said Attorneys And c. And so it was continued by 10. Terms then next following c. And in this thing the inspection and view diligently aswell the said issues as in all and singular the premises by the Court of the Lady the Queen of the Bench is to be had and consulted with for that the Tryall of the said Issue doth touch and concern the Comunalty of the said County and it is the Custom that a Writ to call a Jury to try that Issue of the body of the said County of Kent should Issue forth and should be directed to the Sheriff of the same County by which the command is to the Sheriff of the same County that he should cause to come before the Lord the King in 8. dayes of St. Hillary wheresoever Ven ' fac ' of the body of the County of Kent awarded c. 24. aswell Knights c. of the body of the said County by whom c. And who neither c. to recognize c. because aswell c. the same day is given to the said parties there c. AND the said W. saith Plaintif saith that he held the said twenty acres of Land of the said Prior by Fealty Sure of Court and the rent of four shillings and for that rent behind the said Priaccustomed to distrain Without this that the Prior was seized of the Rent-charge as c. that the said R. B. the taking of the said Cattell and Chattells in the said place in which c. ought not to acknowledge just c. because he saith that he himself was seized of the said Ten acres of Land with th' appurtenances in his Demesn as of Fee and so thereof seized the same twenty acres of Land with th'appurtenance held of the aforesaid T. late Prior of the said Church by Fealty and Sute to the Court of him the said late Prior of his Mannor of I. in C. aforesaid to be held from three weeks to three weeks and by the Rent of four shillings unto the said late Prior at the Feast of St. Michael th'Arch-Angell yearly to be paid And the said W. M. and all those whose estate he hath in those twenty acres of Land held those twenty acres of Land with th' appurtenances of the said late Prior and his Predecessors heretofore Priors of the said Church by that Service and Rent in the right of the said Church from time out of mind held and by all the said time the said late Prior and all
his Continuance and being at the aforesayd time of the aforesayd Demise of the same Mannor with the appurtenances whereof c. to the aforesayd S. by the aforesayd late Master and Brotherhood in forme above in the Barr aforesayd specified was supposed to be done By which the same Demise in the Barr aforesayd pleaded in the same manner and forme made is voyd and of none effect And this c. Whereupon for that the aforesayd S. the Trespasse aforesayd in the aforesayd hundred Acres of Land with the appurtenances above acknowledgeth the same R. prayes Judgement and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid S. as formerly saith The Defendant maintaines his Plea and traverseth the demise of the Master and Brother-hood to T. Bostnay and S. That the aforesaid late Master and Brotherhood aforesayd of the late Colledge long before the aforesayd time of the Trespasse aforesayd above supposed to be done were seized of the Mannor aforesayd with the appurtenances whereof c. in their Demesne as of Fee in right of their Colledge aforesayd And the said late Master and Brotherhood of the same late Colledge of that Mannor with the appurtenances whereof c. being seized the same late Master and Brotherhood of the aforesayd late Colledge before the aforesayd time wherein c. to wit the aforesaid twentieth day of December in the thirtieth yeare of the Raign of the aforesayd late King at R. aforesayd by their aforesayd Writing indented with the Seale of them the sayd Master and Brotherhood sealed and to the Court of our aforesayd late Queen shewen as aforesayd whose date is the same day and yeare by their unanimous assent and consent did demise and to Farme let unto the aforesayd S. his Heires Executors and Assignes the aforesaid Mannor of E. with the appurtenances to have and to hold the aforesaid mannor with the apuptenances whereof c. to the aforesayd S. his Executors and Assignes from the aforesayd Feast of the Intention of the holy Crosse last past before the date of the said indented Writing unto the end and terme of fifty yeares from thence next following and fully to be compleat and ended By vertue of which sayd Demise the aforesayd S. into the Mannor aforesayd with the appurtenances did enter and was thereof possessed in manner and forme as the aforesayd S. above by pleading hath alledged Without that that the aforesayd late Master and Brotherhood aforesayd of the late Colledge demised the Mannor aforesayd with the appurtenances whereof c. to the aforesayd E. Bestnay and S. in manner and forme as the aforesayd R. above by Replication hath alleadged And this c. Whereupon he prayes Judgment and that the aforesayd R. may be debarred from having his Action aforesayd against him c. AND the aforesayd R. F. as formerly saith That the aforesayd late Master and Brotherhood of the aforesayd late Colledge did demise the Mannor aforesayd with the appurtenances whereof c. to the aforesayd E. B. and S. in manner and forme as the aforesayd R. above by Replication hath alledged and this hee prayes may be inquired of by the Countrey And the aforesaid S. in like manner c. Therefore command is to the Sheriff of Norfolke A Justification in Trespasse by a Prescription for a Procession way in another place then in the declaration with a traverse that he is guilty in the place in the declaration that he cause to come here twelve c. AND the aforesayd T. A. R. T. M. and others by W.H. their Attorney come and defend the force and injury when c. And the aforesayd T. M. sayes That he is in nothing thereof guilty And of this c. and the aforesaid Prior in like manner c. And the aforesaid T. A. R. and others as to the coming by Force and Armes say that they are in nothing thereof guilty And of this c. and the aforesaid Prior in like mannor c. And as to the residue of the Trespasse aforesaid supposed to be made they the said T A.R. and others say that the aforesaid Prior ought not to have his action aforesaid against them Because they say that long before the aforesaid time wherein the Trespasse aforesaid is supposed to be done one E. M. was seized of one Marsh called forty acres containing forty acres of Marsh land with the appurtenances lying in the Parish of H. in the County aforesaid in his demesne as of fee and being so thereof seized before the said time wherein c. at H. aforesaid demised the aforesaid forty acres of Marsh Land to the aforesaid Prior to hold to him at the will of him the said E. By vertue of which demise hee the said Prior the aforesaid time of the Trespasse aforesaid supposed to be made was thereof possessed further say that the same T. A. is and the aforesaid time of the Trespasse aforesaid supposed to be done was Vicar of the Parish Church of H. aforesaid and that they the said R. and others at the same time of that Trespasse supposed to be made were Parishioners of the same Parish of H. and dwelling within the same Parish and further say that the aforesaid T.A. and all his predecessors Vicars of the Parish Church of H. aforesaid and whomsoever Parishioners of the same Parish from the time being from time out of minde were used and accustomed yearly at their pleasure on the Eve of Ascention day within the Rogation dayes to go and walk about through the Marsh aforesaid with solemne procession of the aforesaid Parish of H. By which the aforesaid T. A. the aforesaid time of the Trespasse aforesaid supposed to be made then being Vicar of the same Church And the aforesaid R. and others then Parishioners of the same Parish of H. and dwelling within the same Parish on the Eve of Ascention day within the Rogation daies in the aforesaid first year of the Reign of our Lord the King that now is with other Parishioners of the same Parish with the solemne procession of the same Parish did goe and walke about the aforesaid forty acres of Marsh The aforesaid Prior then of the Marsh aforesaid being possessed by vertue of the demise aforesaid to him made and in that walking about the grasse aforesaid in the same Marsh then growing by walking with their feet they did tread down and consume as it was lawfull for them to doe Without that that the aforesaid T. A. R. and others are guilty of the Trespasse aforesaid in S. aforesaid supposed to be done in the forme which the aforesaid Prior above against them complaineth and this c. Whereupon they pray judgement whether the aforesaid Prior ought to have his action aforesaid against them ANd the aforesaid Prior sayes Issue upon the Traverse that he ought not be debarred from having his Action aforesaid against c. Because he saith by Protestation that the aforesaid
any compleat summe of money to the damage of her the said Lady A. five hundred pounds and thereupon shee brings her Suit c. Action of the Case against the Bayliffe of a Liberty in the nature of an escape E W. complaines of J. Pelson Bayliffe of the Liberty of Thomas Wentworth Knight Lord Wentworth of his liberty of Stepney in the County aforesaid in the custody of the Marshal c. for that that is to say whereas one R.E. Citizen c. was indebted to him the said E.W. in 9 l. 13 s. and 4 d. of lawful money of England for nine pound of black stitching silk to him the said R E. by the aforesaid E. W. formerly delivered to be paid to him the said E.W. upon such a day then next following And whereas also the aforesaid E.W. for the recovery of the debt aforesaid for that the aforesaid R.E. the aforesaid such a day and year the aforesaid 9 l. 13 s. and 4 d. to the aforesaid E. W. had in no wise paid or contented out of the Court of her the said Lady the Queen before her the said Lady the Queen at Westminster in the County of Middlesex had procured a certain precept of her the said Lady the Queene directed to the Sheriffs of Middlesex By which the same Lady the Queen commanded the aforesaid Sherifs that they should take the aforesaid R. E. if c. And safely c. So that they might have his Body before our Lady the Queen at Westminster such a day to answer the aforesaid E.W. of a Plea of Trespasse By vertue of which said precept A. Avenon and H. Baskerfield at that time Sheriffs of the said County of Middlesex afterwards to wit such a day and yeare and place on the behalfe of our Lady the Queen commanded the aforesaid I. then Baylife of the Liberty aforesaid that he should take the aforesaid R. E. if c. And safely c. So that he might have his Body before our Lady the Queen at Westminster the aforesaid Friday next after the Morrow of the holy Trinity to answer the aforesaid E. W. of the Plea aforesaid Which said Bayliff by vertue of the Precept aforesaid afterwards to wit such a day and yeare aforesaid at Mile-end in the aforesaid County of Middlesex within the Liberty aforesaid took and Arrested the aforesaid R.E. And him the said R. E. under that Arrest by the space of five daies thence next following he then and there had and kept And whereas also in the aforesaid Court of our Lady the Queen held before her the said Queen there was and time out of minde was had such a Custom that every party appearing a Defendant in the same Court under Arrest of any Sheriff or Minister by vertue of any such like precept should be bound to answer as well the Plaintif in the same precept specified as all and singular other the Subjects of our Lady the Queen complayning against such person of and in all and singular Actions Suits and Playnts of Debt or Trespasse which any such like Subjects of our Lady the Queen would prosecute against any such like Defendant so appearing in the same Court yet the aforesaid I. not ignorant of the premises plotting the aforesaid E.W. of his debt aforesayd to defraud hath neither returned the Warrant aforesayd of the aforesayd Sheriff nor hath brought in the Body of the aforesaid R E. but the same I. afterwards to wit such a day yeare and place permitted the aforesayd R.E. to go at large whether he would without any appearance had or made in the said Court he the sayd E. W. being in no wise satisfied of his Debt aforesayd And the aforesayd R. E. afterwards fled to places to the aforesayd E. W. altogether unknown by which the aforesayd E. W. is wholly defrâ—uded of the Recovery of his Debt aforesayd to the damage of him the sayd E.W. of 20. l. And thereupon he brings his Suit c. T D. Esquire Complaines of G. S. in the custody of the Marshall Action of the Case against one for hindring the Steward from keeping Court. c. for that that is to say whereas the aforesaid T. such a day year was seised yet remaines seised in his demesne as of see of and in the Mannor of R. with the Appurtenances Scituate and being at R. in the aforesaid County of D. And the same T. D. and all they whose Estate the same T. now hath of and in the Mannor aforesaid with the Appurtenances have had and held and of right ought to have and hold a Court Baron at that Mannor from three weeks to three weeks By vertue whereof the aforesaid T. D. not only diverse gaines profits and Commodities by reason of the Court aforesaid from time to time got and obteyned but also diverse Neighbourly agreements and friendships which between the Tenants and Suitors of the Court aforesaid and the aforesaid T. interchangeably by the keeping of that Court diverse wayes did increase arise and were preserved And whereas also the aforesaid T. D. such a day and yeare and place so being seised of the Mannor aforesaid with the Appurtenances in his demesne as of fee intended and endeavoured to hold a certaine Court Baron by one W.M. then being his Stuard of the Mannor aforesaid for that within three weeks then last past no Court Baron had there been held and by publick Proclamation in the presence of E. D. and I. B. Tenants of the Mannor aforesaid and of diverse other Tenants of him the said T. of the Mannor aforesaid at that Mannor in the Court there endeavoured to proceed the aforesaid G. S. plotting him the said T. D. to hinder from all the profits advantages and Commodities of the Court aforesaid by force and Armes that is to say with Swords c. By contumelious words and threatnings such and so great threats of danger of their lives of them the said Steward and Tenants and of mayming them the said Steward and Tenants in their Members so then and there gave out That the same Steward and Tenants durst not any further to proceed in the same Court there to be held for feare of those threats but the same Steward and Tenants upon that occasion were caused to depart from the same Court leaving the businesse thereof undone by which he the same T. all the profit gaine and Commoditie of his Court aforesaid did wholly lose and was deprived of to the damage of him the sayd T. 100. And thereupon c. Declaration in Trespas upon the Case for cancelling a Bond. A. A. Widdow complaines of R. F. in the Custody of the Marshall c. for that that is to say whereas the aforesaid A. such a day and year at L. c. had delivered to the aforesaid R. her certaine writing Obligatory in which was contained that one I.F. was bound and obliged to her the said A. in 24. l. of lawfull mony of England to be
c. whereupon he prayes judgment c. And the aforesaid R.F. sayes that he gave not of his own proper mony to the aforesayd I.P. the aforesaid 6 s. and 8 d. nor any penny thereof nor to the aforesaid T.R. the aforesaid 3 s. and 4 d. nor any penny thereof to speak their verdict for the aforesaid R. M. Defendant in the playnt aforesaid as the aforesaid W.C. above by pleading hath alleadged And of this he puts himselfe upon the Countrey And the aforesaid Plaintiffe in like manner c. AND the aforesaid T.W. by L.D. his Attorney comes and defends the force and injury when c. and all contempt and whatsoever c. And sayes that the aforesaid I. H. ought not to have his Action aforesaid against him because he saith that the aforesaid I. W. the said time wherein c. and long before and after was the servant of him the said T. W. reteyned with him in the service of a Common Labourer at D. in the County of R. And further saith that the aforesaid I. W. for whose part and long before the said time wherein the maintenance aforesaid was supposed to be made at D. aforesayd came unto him the said T.W. and requested him that he in the name of him the said I.W. would ask a certaine man learned in the Law of the Land to be of Counsell with him the said I.W. in the plaint aforesaid And that the said I.W. would well and sufficiently reward him for his labour By virtue of which request the same T.W. the said time wherein the maintenance aforesaid is supposed to be made at W. in the County of Middlesex came unto one W. F. a learned man in the Law of the Land and asked him the said W.F. to be of Counsell with him the said I. W. in the plaint aforesaid and told him the said W.F. that the aforesaid I. W. him the said W. F. would well and sufficiently reward him for his labour Which said comming to the aforesaid W.F. asking and speaking to him the said W. F. out of the Cause aforesaid are the aforesaid maintenance whereof the aforesaid I. H. above complaines And this c. whereupon c. AND the aforesaid I. H. sayes The Plaintife replies be was not his servant that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid I. W. the said time wherein c. was not the Servant of him the said T W. now retained in Service with him the said T.W. as the same T.W. above by pleading hath alleadged and this he prayes may be enquired of by the Countrey and the aforesaid Defendant in like manner therefore Command is given to the Sheriffe that he cause to come before our Lord the King at W. such a day twenty foure as well Knights c. of the Visenage of D. aforesaid by whom c. SVffolk ss T. A. who prosecutes as well for our Lady the Queen is for himself Declaration upon the Statute of mayntenance for buying of a title of Land complaines of John Calfe in the custody of the Marshall c. of a plea that he render to her the sayd Lady the Queen and the aforesaid T. A. two hundred marks for the value of one Messuage and eight Acres of Land Scituate and lying in the fields of C. in the County of Suffolk which to them the said Lady the Queen and the aforesaid T. he owes and unjustly detaines for that that is to say whereas in the Statute in the Parliament of our Lord King Henry the 8th late King of England Father of out Lady the Queen that now is at Westminster in the County of M. the 28th day of Aprill in the 11th yeare of his Raign held and there begun and from thence unto the 23 day of July then next following by diverse proroguings then and there held amongst other things it was enacted that no person or persons of whatsoever state degree or condition soever they should be of who should from thence following bargain buy or sell or by any wayes obtaine gaine or have any right or title of any person or persons in or to any Mannors c. And so recite the Statute untill One Moyetie of the said forfeitures to be to her the said Lady the Queen and the other Moyety to the party who thereupon should prosecute in any of the Courts of our Lady the Queen of Record as in the Statute aforesaid amongst other things more fully is contained yet the aforesaid I. little weighing the Statute aforesaid nor seating the punishment contained in the same the 24 day of June in the 4th yeare of our Lady the Queen one Messuage and eight Acres of Land with the Appurtenances in C. at C. in the County aforesaid of one R.F. by him the sayd I. then and there paid and afterwards to be payed bought obtained and had to him and his Heirs for ever knowing that the same R. F. nor any of his Ancestors had any right or claime to the aforesaid Messuage and eight Acres of Land with the Appurtenances nor were thereupon ever possessed of the same Messuage and eight Acres of Land nor of any reversion or remainder thereof And knowing also that he the same R. F. received not the Rent or profit thereof by the space of one whole year next before the said bargain grant and provision so between them as is aforesaid made Which said Messuage and eight Acres of Land aforesaid with the Appurtenance are worth to be sold two hundred Marks at the least By which the Action accrued to her the said Lady the Queen and to the aforesaid T. A. to require and have of the aforesaid I. the aforesaid two hundred Marks for the value of the Messuage and the aforesaid eight Acres of Land with the Appurtenances yet the aforesaid I. although often required c. the aforesaid two hundred Markes to her the said Lady the Queen nor to the aforesaid T. hitherto he hath not paid but the same to them the said Lady the Queen and to the aforesaid T. hitherto to pay he hath denied and as yâ—t denieth and the same to them the said Lady the Queen and the aforesaid T. as yet unjustly detaineth Whereupon he saith that he is worsted and hath damage to the value of 200 s. And thereupon aswell for our Lady the Queen as for himselfe be brings his Suit c. The Defendant pleads he bought not the Land against the forme of the Statute AND the aforesaid I P. by T.S. his Attorney comes and defends the force injury when c. and all contempt whatsoever c. And by Protestation not acknowledging any thing in the Declaration aforesaid specified to be true for Plea he saith that the same I. bought not obtained or had to him and his Heires of the aforesaid R. F. the aforesaid Messuage and 8 Acres of Land with the Appurtenances against the
heer and by the Court here fully understood and mature deliberation being thereupon had for that that it seemes to the Court of our Lady the Queen here that the Plea aforesaid by the aforesaid Defendants above pleaded and the matter in the same contained are not sufficient in the Law to have returne of the cattell aforesaid or to debarre him the said Plaintife from having his Action aforesaid against the aforesaid Defendants It is considered that the aforesaid Plaintife ought to recover his damages against the same Defendants by occasion aforesaid But because it is not known to the Court of our Lady the Queen here what damages the aforesaid Plaintife hath sustained by occasion of he premises therefore it is commanded to the Sherife that by the Oath of honest and lawfull men of his County he diligently enquire what damages the aforesaid Plaintife hath sustained as well by occasion of the premises as for his Costs and Charges A writ of Enquiry of Damages awarded by him about his Suit in that behalfe layd out And the Inquisition which he shall thereupon make to our Lady the Queen from the day of Easter in fifteen daies wheresoever c. under the Scale c. and Seales c. he shall send together with the Writ aforesaid to him thereupon directed The same day is given to the aforesaid Plaintiff here c. At which day before our Lady the Queen at Westminster came the aforesaid Plaintiff by his Attorney aforesaid and the Sheriff to wit P. T. Esquire returned a certain Inquisition taken before him at G. in the County aforesaid the tenth day of Aprill in the thirtieth yeare of our Lady the Queen that now is by which it is found that the aforesaid Plaintiff had sustained Damages by occasion of the Premisses besides his Cost and Charges c. to six and twenty shillings and eight pence and for those Costs c. unto twelve pence therefore it is considered that the aforesaid Plaintiff should recover against the afore-Defendant his Damages aforesaid by the Inquisition aforesaid The Judgment for the recovery of the damages in form aforesaid assessed as also sixteen pounds for his Costs and Charges aforesaid to him the said Plaintiff by the Court of our Lady the Queen here of his assent of increase adjudged which Damages in the whole amount unto seventeen pounds seven shillings and eight pence And the aforesaid Defendants in mercy c. E. D. by his Attorney Withernam and Retorno Habendo in one writ offereth himselfe the fourth day against I. M. Gentleman of a Plea wherefore he took the Cattell of him the said E. and them unjustly detained against Sureties and Pledges and he came not and was sought for Therefore it is considered of that the aforesaid I. should go without day and the aforesaid E. and his Pledges of prosecuting to wit John Doe and Richard Roe should be in mercy and the aforesaid I. should have returne of his Cattell aforesaid c. and in what manner that Writ should be executed he should make known to the Keepers c. from the day of Saint Martin in fifteen daies At which day before the Keepers c. at Westminster came the aforesaid I.M. in his proper person And the Sheriff to wit W. N. Esquire returned the Writ aforesaid in all things served and executed in these words The Cattell formerly taken and in this Writ mentioned to the within named I. M. I could not return therefore by virtue of the same Writ I have taken in Withernam of the Cattell of the within named E. that is to say six and twenty Ewes to the value of the Cattell within mentioned formerly taken and the same to the within named I. M. I have caused to be delivered to be held untill the same I. should have return of the Cattell aforesaid by him formerly taken and the aforesaid E. is attached by the Pledges I. D. and I. F. afterwards to wit on Friday next after fifteen daies of the holy Trinity then next following before c. at Westminster came the aforesaid E. in his proper person and rendred himselfe to the Prison c. who by occasion of the Premises is committed to the Marshall c. and he praies that he may be admitted to the making of his Fine with the Keepers c. by occasion of the contempt aforesaid And he is fined by the Court of the Keepers c. to three shillings and foure pence which by commandement of the Court here he payed to D. W. Coroner and Attorney of the Keepers c. in the Court of the Keepers c. before c. for necessary Reparations in the Court here to be made and done therefore the same E. is to be thereof quit And upon this before c. at VV. came S. C. and R. S. and became Pledges and each of them became Pledge for the aforesaid E. as well for the Prosecuting his Complaint as of the Cattell aforesaid which to the aforesaid I. M. in the Court here before c. were adjudged by the default of him the said E. to be returned if the return of them should be adjudged each of the Pledges aforesaid under the pain of ten pounds which said Sum of ten Pounds the Pledges aforesaid and either of them by himselfe acknowledges to be made of his Lands and Chattels and to the use of the aforesaid I. to be levied if it shall happen that the aforesaid E shall not deliver the Cattell aforesaid to the aforesaid I. c. upon which the same E. by the Statute praies the Writ of the Keepers Second Deliverance granted c. of second deliverance and it is granted unto him c. By which Command was given to the Sheriff that the Cattell aforesaid to the aforesaid E. without delay he should cause to be delivered and that he should put by sure and safe Pledges the aforesaid I. M. that he be before c. in eight daies of Saint Michaell c. to answer the aforesaid E. of the aforesaid taking and detaining of the Cattell aforesaid the same day is given to the aforesaid E. c. at which day the Plaint aforesaid was adjourned by the Writ of the Keepers c. of common adjournment before c. at W. unto the Morrow of all soules At which day before c. at W. aforesaid came the aforesaid E. in his proper person And the Sherife returnes that before the comming of the Writ aforesaid to him thereupon directed those Cattell by him in Withernam taken were removed afarre of to places unknown unto him by the aforesaid I. M. And therefore after the receipt and before the returne of that Writ the Cattell aforesaid to the aforesaid E.D. he could not cause to be delivered according to the purport of the Writ aforesaid And that the aforesaid I. is attached by pledges to wit I. D. and R.R. And upon this Command is given to the Sheriff that he take in
have alleged and that the aforesaid I. R. and H. were of the Tenements aforesaid with the appurtenances seised in their Demesn as of Fee untill the aforesaid G. W. and R. them the said I. and H. thereof unjustly and without judgement but not by force nor Arms they did disseize and they Assess the damages of them the said I. and H. by occasion of the premises aforesaid above their expences and costs by them about the prosecution of this Assize layd out to thirteen shillings and four pence Judgement upon the verdict and for those expences and costs to twenty shillings Therefore it is considered that the aforesaid I. R. and H. shall recover the seisin of the Tenements aforesaid in the Plaint aforesaid specified by the view of the Reviewers of the Assize aforesaid and their damages and costs aforesaid above assessed which said damages in the whole amount unto thirty three shillings and four pence and the aforesaid G.VV. and R. in mony c. Mony c. SIr Iohn Knill and Hugh Lochard have arraigned an Assize of novell disseisin against G. H. and others The charge given to the Jury upon the foregoing assize and supposeth them to be disseised of their Free-hold in H. and have made their claim for a Messuage and eighteen Acres of Land with the appurtenances thereunto hath come the same G. by his Attorney and saith that the Assize thereof between him and the said I. R. and H. L. ought not to be for that he saith as in his Plea and the aforesaid W. and others Defendants say that they have done no wrong nor no disseisin unto the said Plaintiff of the aforesaid Tenements and of that they have put them upon the Assize and the Plaintiff also and then rehearse further the title of the Plaintiff in his reputation and the issue that is joyned thereupon and then thus so your charge is whether that W. B. dyed seised in his Demesn as of Fee of the Messuage and eighteen acres of Land put in view and specified in the Plaint as the said G. H. hath alleged in his Bar or not and also whether the said W. H. and other Defendants disseised the Plaintiffs of the Tenements aforesaid or not if you find that the same W. B. dyed not seised as the Plaintiff hath alleged you shall enquire whether the Plaintiffs were seised of the Tenements put in view and specified in the Plaint in their Demesn as of Freehold and disseised by all the Defendants or any of them and whether the disseisin was done with force or not and if you find the said A.B. dyed not seised and that the Plaintffs were seised of the Tenements and disseised by the Defendants or some or any of them you shall enquire what damage the Plaintiff hath sustained by reason of the disseisin and also for the costs about the sute of this Assize and if you find that W. B. dyed seised in his Demesn as of Fee and that the Defendant disseised not the Plaintiff you shall enquire no further and this is your charge c. ACTIONS OF AUDITA QUERELA AUDITA QUERELA ss THE Lady the Queen hath sent to her Justices of the Pleas assigned to be held before her Audita Querela upon an Escape by a Bailiff of a Libertie her Writ in these words ss Ellzabeth c. To our Justices of Pleas in our Court before us assigned to be held Greeting Wee have received by the grievous complaint of Thomas Boyton of c. in the County of Suffolk Clerk otherwise called c. That whereas one William Andrews Citizen c. and Lewis Simpson Citizen c. London lately in our Court before us at Westminster by Bill without our Writ and by the judgement of the same Court had recovered against him the said Thomas aswell a certain debt of 100. pounds as 10. pounds for their Damages which they susteined aswell by occasion of the detention of that debt as for their Expences and costs c. layd out whereof he is Convict And although after the rendring of that Judgement to wit the second day of July in the the 31. year of our Reign at Saint Edmonds Burie in the County of Suffolk that is to say within the Libertie and Franchise then of Roger Townsend Knight and Willam Drue Esquire of St. Edmonds Bury in the aforesaid County of Suffolk the same Thomas by John Pridie and Henry Doy by vertue of a certain Warrant lately before to the aforesaid John Pridie and Henry by the aforesaid Roger Townsend and William Drue made and directed by vertue of a certain Warrant to them the said Roger and William Dixie by one Philip Tilvey Esquire then Sheriff of the aforesaid County of Suffolk under the Seal of his Office made of and upon a certain VVrit of Capias ad fatisfaciendum o' the aforesaid William Andrews and Lewis Sympson of the Debt and Damages aforesaid lately before at the prosecution of them the said W. A. and L. from our said Court before us issued and to the Sheriff of the aforesaid County of Suffolk lately before directed and delivered VVhich said Roger Townsend and William Dixie then that is to say the aforesaid second day of July in the aforesaid 31. year of our Reign and before and after had full Retorn of all and all manner of Writs and Warrants within the Libertie aforesaid to be Executed and the Execution of them In Execution of and for the Debt and Damages aforesaid was then taken and arrested And in Execution deteined untill afterwards to wit the third day of November in the 31 year aforesaid the aforesaid K. T. and W D. the same T. B. at Lamby hath in this County of Surrey the Debt and Damages aforesaid to the aforesaid William Andrews and Lewis Sympson being in no wise satisfied permitted him to goe whether he would at large As the same Thomas by divers wayes and means which are convenient is ready to make appear yet the same W. and L. by reason of the judgement aforesaid for the Debt and Damages aforesaid against him the said Thomas in our said Court before us now lately prosecuteth And him upon that occasion to take and in our Prison under the Custodie of our Marshall of our Marshalsees before us to be deteined most unjustly have procured to his the said T. B. no little loss and grievance and against the Law of our Realm of England Whereupon he hath humbly implored us to provide for him in that behalf a fit remedie And because we would not that the aforesaid T. B. should in that behalf be in any manner injured and being willing to doe what is just VVee Command you that having heard the Complaint of the aforesaid T. B. in this behalf and calling before you the parties aforesaid and hearing hereto thereupon their severall reasons to him the said T. B. you should cause to be had full and speedy Justice as of right and according to the Law
the Justices aforesaid that the aforesaid Plaintiff should goe quit without day c. By reason of which said premises the aforesaid Plaintiff hath been enforced and compelled to expend and lay out great sums of mony and been at very great trouble and loss about the cleering of himself and the restitution of his good name fame and reputation and the evacuating and making voyd of the aforesaid Indictment To the damage of him the said Plaintiff of 100. l. And thereupon he brings his Sute c. Not guilty pleaded to this T. Farrer Attorney for the Plaintiff I. Wem Attorney for the Defendant ACTIONS OF CONTINUANCE CONTINUANCES AFterwards the Processe being thereupon continued between the parties aforesaid Continuance of a Decem tales upon the Roll. of the aforesaid Plea put here between them in respite before the Lord the King at VVestminster untill Tuesday next after fifteen dayes from the day of Easter from thence next following for default of Jurors c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Jurors of that Jury being called some of them came and some of them came not And because the residue of the Jurors of the aforesaid Jury appeared not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Friday next after the morrow of the holy Trinitie for want of Jurors c. Therefore the Sheriff is to have their bodies c. And he is to put ten others c. The same day is given to the parties aforesaid there c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Sheriff retorns the names of the ten others of which now c. And as to the further Execution if the Writ aforesaid the Sheriff retorns that the Writ aforesaid was so lately delivered unto him that for the shortnesse of time he could not make any further Execution Therefore the Jury is further put in respite before our Lord the King at Westminster untill Friday next after fifteen dayes of St. Michael for want of Jurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the Jurors of that Jury some of them came and some of them came not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Thursday next after from the day of St. Michael in three weeks for want of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid c. At which day before Continuance upon a Summons ad Auxiliand c. came the parties aforesaid by their Attorneys aforesaid And the Sheriff sent not thereupon the Writ Therefore it is commanded him as otherwise that he Summon by good Summoners the aforesaid W. that he be before c. such a day wheresoever c. to joyn himself in aid to the foresaid L. to expect and maintain that issue with the aforesaid L. if c. And further c. And as to the trying of those issues above joyned The Jury is thereupon to come before our Lord the King at the same Term wheresoever c. And who neither c. to Recognize c. Continuance of a Demurrer in Law and an Issue AT which day here came the parties aforesaid c. And because the Justices will advise themselves of and in the aforesaid Plea whereupon the parties aforesaid have above demurred in Law before they thereupon render Judgement Therefore day is given to the parties aforesaid here until eight daies of St. Hillary of hearing thereupon this judgement Because the Justices here have not as yet c. And as to the trying of the issue aforesaid between the same parties by the Countrey to be tried above joyned The Sheriff hath not sent the Writ Therefore as formerly Command is to the Sheriff that he cause to come at the same Term twelve c. To Recognize in form aforesaid c. Continuance of Scire facias in a Writ of Error AT which day before our Lord he King at Westminster came the aforesaid Plaintif in a Writ of Errour in his proper person And the Sheriff sent not the Writ thereupon c. Therefore as otherwise it is Commanded the Sheriff that by honest men c. he make known to the aforesaid Defendant that he be before our Lord the King such a day wheresoever c. To hear the Record and Processe aforesaid And further c. The same day is given to the aforesaid Plaintif by the aforesaid Manuceptors c. Continuance of a Judgement after Verdict AT which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here of their judgement to be rendred of and upon the Premisses are not as yet advised Therefore day is given to him the said Plaintif in the same state c. is now in before our Lord the King untill such a day wheresoever c. of hearing thereupon their judgement c. AT which day before our Lord the King at Westminster Continuance of an Exigent came the aforesaid Plaintif by his Attorney aforesaid And the aforesaid Defendant came not nor the Sheriff thereupon sent the Writ Therefore Command is to the Sheriff that if now he cause him to be called from County to County untill he shall be Outlawed if not c. And if c. then he shall take him and safely keep him so that he may have his body before our Lord the King such a day wheresoever c. AT which day before our Lord the King at Westminster Continuance of a Distringas in Attaint came aswell the parties aforesaid by their Attorneys aforesaid as the aforesaid three Jurors of the first inquisition formerly appearing in their proper persons And the Sheriff hath not sent the Writ Therefore the Jury of the tweny four Knights aforesaid remains to be taken before our Lord the King on the Morrow c. wheresoever c. for default of Jurors of the same Jury of 24. Knights c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of 24. Knights by all their lands c. And that of the issues c. So that he may have their bodyes before our Lord the King at the same Term The same day is given aswell to the parties aforesaid as to the aforesaid three Jurors of the first inquisition aforesaid now appearing c. THe Jury between C. S. by his Attorney Plaintif Continuanceâ— of a Jurata for want of Juror and a Decem Tales awarded and E. R. of
a Plea of Debt put in respite before our Lord the King at Westminster untill such day c. unless c. first c. at such a place c. by the form of the Statute c. Come for default of Jurors At which day before our Lord the King at Westminster came the parties aforesaid by their Attorney aforesaid And the aforesaid Justices before whom c. have sent here the Record of the Jury aforesaid before them had in these words Afterwards at the day and place aforesaid reciting the Record untill came as well the within named c. as the within written c. And the Jury likewise called some of them came and some of them came not as appears in the Panell c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King c. untill c. Therefore the Sheriff c. is to put ten such c. The same day is given to the parties aforesaid here c AT which day before our Lord the King at Westminster Continuance upon a matter in Law and Verdict came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here aswell of their judgement upon the Verdict aforesaid as of their judgement of the matter in Law above pleaded to be rendred are not as yet advised Day is thereupon further given to the said parties in the state wherein they are now before the Lord the King at Westminster untill eight dayes of St. Hillary wheresoever c. of hearing thereupon their judgement c. for that the Court of our Lord the King here is not as yet c. Continuance in Attaine where the Sheriff Retoâ—â—s not the Writ and out of the assent of the parties the Jury is not taken AT which day before our Lord the King at Westminster came as well the parties aforesaid by their Attorneys aforesaid as the aforesaid seven Jurors of the first Inquisition aforesaid formerly appearing in proper person And the Sheriff Retorns the Writ to our Lord the King thereupon in all things prepared and executed But the Jurors of those twenty four Knights aswell of the assent of the parties aforesaid and the aforesaid seven Jurors of the former Inquisition aforesaid as of the Jurors aforesaid of the twenty four Knights remains to be taken before our Lord the King untill the Morrow c. wheresoever c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of twenty four Knights by all their lands c. And that of the Issues c. And that he have their bodies c. before our Lord the King at the same Term c. the same day is given aswell to the parties aforesaid as to the aforesaid seven Jurors of the first Inquisition aforesaid now appearing c. Continuance by a Writ of adjournment BEfore which day the Plaint aforesaid was adjourned by the Writ of our Lord the King of Common adjournment untill eight dayes of St. Hillary then next following wheresoever c. At which said eight dayes of St. Hillary the Plaint aforesaid was further adjourned by the Writ of our Lord the King of Common adjournment untill from the day of Easter in fifteen dayes unto the Castle of Hertford At which day c. Continuance of the Jurata where the Plaintif acknowledgeth one of the Defendants to be dead AT which day came aswell the aforesaid P. as the aforesaid R. by their Attorneys aforesaid And the aforesaid P. sayes that the aforesaid A. is dead c. Therefore against him nothing is further thereupon to be done c. And thereupon the parties aforesaid now appearing The Sheriff thereupon sent not the Writ c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King untill in eight daies c. wheresoever c. for default of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid now appearing c. Continuance of a Jurata by the assent of the parties THe Jury between I. S. Esquire Plaintif and T. W. of c. of a Plea of Trespass put in respite here untill such a day c. aswell of the assent of the parties aforesaid as of the Iurors of the same Iury now here at this day to wit from the day of Easter c. appearing Therefore the Sheriff is to have their bodies c. THe Iury between T. W. Gent. by his Attorney Plaintif Jurata which serves either for debt trespass or Ejectione firme And G.D. of c. of such a Plea put in respite before our Lord the King at Westminster untill Tuesday next after Eight dayes of Saint Michael unlesse the Iustices of the Assizes of our Lord the King in the County aforesaid assigned to be taken first on Monday the eighth day of August at Newark upon Trent in the County aforesaid by the form of the Statute c. Come for default of Iurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. And it is to be known that the Writ of our Lord the King thereupon the fourth day of July in this self-same Term before our Lord the King at Westminster is delivered of Record to the Deputie of the Sheriff of the County aforesaid in form of Law to be Executed under a penaltie c. UNless the beloved and faithfull c. John Popham Knight This difference in Guild-hall London before the Chief Justice Chief Iustice of our Lord the King of the Pleas in the Court of him the said Lord the King before him the said King assigned to be held first on Saturday next after c. at Gild-hall London by form of the Statute c. as in the next before ACTIONS of COMMITTITVR COMMITTITUR Committitur of a Prisoner to the Marshall being under the Custodie of the Sheriff by a Case AFterwards to wit the twenty fifth day of May then next following before our Lord the King at Westminster came W. R. in his proper person under the Custody of the Sheriff of the County aforesaid in Execution for the damages aforesaid by vertue of the Writ of our Lord the King of Capias ad satisfaciendum to him the said Sheriff of and upon the Premisses directed which said R. is committed to the Marshall c. there to remain untill c. according to the form of the judgement aforesaid c. Committitur of a Prisoner upon a Case COmmand was to the Sheriff that he should take c. Whereof he is Convict And now here know aswell the aforesaid A. by his Attorney aforesaid as the aforesaid Defendant in his proper person by the Sheriff of the County aforesaid brought to the Bar And the Sheriff now retorns that he took the bodies of him the said Defendant And
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
to say in such a day and year at c. by his certain Writing obligatory sealed with the Seal of him the said R.N. in his life and unto the Court c. whose Date c. acknowledged himself to be holden and firmly bound unto the said R.B. in his life in the aforesaid 60. l. to be paid unto the said R.B. his Executors or Administrators on the Feast of St. Michael the Arch-Angel from thence next ensuing notwithstanding the aforesaid R.N. in his life and the aforesaid A.N. after the death of him the said R.N. although often requested c. the aforesaid 60. l. unto the said R.B. in his life and the said W.B. unto whose Administration of all and singular the Goods and Chattels Rights and Credits which were of the said R.B. at the time of his death by T. Watts Arch-Bishop of Middlesex lawfully deputed 25. day of May in the year of our Lord 1577. at London was committed have not hitherto paid nor either of them hath paid but the same unto the said R.B. in his life and the said W.B. after the death of him the said R.B. have altogether denyed to pay and the aforesaid A.N. doth deny to pay and the same unto said W. as yet doth unjustly detain to the damage of him the said W. 40. pounds and in delay of the Execution of the Administration aforesaid and thereupon he bringeth his Sute and profereth here in Court the aforesaid Letters of Administration of the said W. by which it plainly makes appear unto the Court of the said Lady the Queen here him the said W. to be Administrator of the Goods and Chattels aforesaid c. An Action upon the Statute of Maintenance ss I. F. Who aswell for the Lady the Queen as for himself prosecuteth and complaineth of H.B. in the custody of the Marshall c. of a Plea that he render unto the said Queen and unto the said I. 10. l. of lawfull c. which unto the said Lady the Queen and to the said I. who aswell c. doth owe and unjustly detein for that that is to say That whereas in the Statute in the Parliament of the Lord H. the 8. late King of England at Westminster in the County of Middlesex 28 day of April in the one and thirtieth year of his Reign began to be held and there through divers prorogations untill to the 25. day of May in the two and thirtieth year of his Reign prorogued and continued The words in pleading that the Parliament is prorâ—gued and then and there held by the said Lord the King with the assent of the Lords Spirituall and Temporall and of the Commons there it was enacted that no person or persons of whatsoever State degree or condition he or they should be or were from thenceforth hereafter he or they should unlawfully maintain or cause or procure any unlawfull Maintenance in any Action Demand Sute or Complaint in any Court of the said Lord the King of the Chancery Star-Chamber Whitehall or else-where within any the Dominions of the Kingdom of England or of Wales or in the Marches of the same where any person or persons hath or then hereafterwards should have authority by virtue of a Commission of the Lord the Kings Letters Patents or Writ to hold a Plea of Land or to examine hear or determine any Title of Land or any matter or Witnesses concerning the Title Right or Interest of any Lands Tenements or Hereditaments and also that no person or persons of whatsoever state degree or condition he or they be or were from thenceforth in time to come should unlawfully retein for maintenance of any Sute or Plea any person or persons to imbrace any Freeholders or Jurors or should suborn Witnesses by Letters reward promise or any other sinister labour or means to maintain any matter or cause to the disturbance or hindrance of Justice or to the procuration or occasioning of any Perjurie by false Verdict or otherwise in any Court aforesaid under the pain of forfeiting for every such offence 10. l. of which one moity thereof should be unto the said late King his Heirs or Successors but the other unto him who therefore will prosecute by action of Debt Bill Plaint or information in any Court of the said late King where no Essoin Protection wager of Law injunction shall be allowed as in the same Statute amongst other things is more fully contained notwithstanding the said H. the aforesaid Statute no wise regarding nor the penalty in the same contained any manner of way fearing a certain Bill of plaint before her the said Lady the Queen at W. as yet hanging undetermined between one R.K. Plaintif and the aforesaid I.F. of a Plea of Trespass on the behalf of the said R.K. against the aforesaid I.F. in such a day and year at c. hath maintained and upheld to the manifest disturbance and hindrance of Justice and in Contempt of the Lady the now Queen and against the form of the aforesaid Statute by which an Action did accrew unto the said I.F. aswell for the Lady the Queen as for himself to require and have of the said H.B. the aforesaid ten pounds notwithstanding the aforesaid H. although he hath been often requested c. the aforesaid 10. l. unto the said I.F. who aswell c. hath not as yet paid but the same to him hitherto hath altogether denyed to pay and as yet doth deny to the damage of him the said F. five pounds and thereupon he bringeth his Sute c. ss P. S. Who aswell for the Lady the Queen as for himself A Declaration upon the Statute of Perjury prosecuteth and complaineth of W. O. in the custody of the the Marshall of a Plea that he render unto the said Lady the now Queen and unto the said P. 20. l. of lawfull c. which unto the said Queen and unto the said P. who aswell c. doth owe and unjustly detein for that that is to say that whereas in a Statute in Parliament of the Lady the now Queen at W. in the County of Middlesex on the 12. day of January in the fifth year of her reign holden published amongst other things it was firmly Ordained and Enacted by the Authority of that Parliament that if any person or persons after the 10th day of April then next following either by subordination unlawfull procuration sinister perswasion or means of any other by their proper Act consent or agreement voluntarily and corruptly should commit any voluntary perjury by his or their deposition in any the Kings Chancery Courts of the Star-chamber Whitehall or elsewhere within the Kings Dominions of England or Wales or in the Marches of the same where any person or persons hath or have authority by virtue of the Kings Commission of Paâ—ent or Writ to hold Plea of Land or to examine or determine any Title of land or any matter or Witnesses concerning the Title Right and Interest of
payment of any the said Tithes above in this behalf specified in or upon the same Tenements with th'appurtenance called the Demesns yearly in manner and form aforesaid before in this behalf alleged in whatsoever manner growing happening comming sheering milking or renewing by pretence of the said Act and of the rest of the Premisses and so thereof being seized she the said V. afterwards at B. with N. aforesaid dyed of her said estate thereof seized after whose death the said F. R. in the said Letters Patents named in the said tenements with th' appurtenances called the Demesns entred and was thereof seized in his Demesn as of Fee-tayl that is to say to him and the Heirs males of his body lawfully begotten according to the form of the said Gift and so thereof being seized the same Tenements likewise held and enjoyed from the payment of any Tithes aforesaid above in this behalf specified in or upon the same Tenements with th' appurtenances called the Demesns yearly in manner and form aforesaid above in this behalf alleged in whatsoever manner growing happening comming sheering milking or renewing altogether discharged by pretence of the said Act and of the rest of the Premisses and so thereof being seized the said F. afterwards at B. with N. dyed of the said estate thereof seized after whose death the same Tenements with th' appurtenances called the Demesns according to the form of the said Gift descended unto one V. R. Esqiure as Son and Heir male of the said F. R. in the Letters Patents as it is aforespoken mentioned by virtue of which the said V. R. into the said Tenements with th' appurtenances entred and was thereof seized in his Demesn as of Fee-tayl according to the form of the said Gift And so thereof being seized the same Tenements with th' appurtenances called the Demesns likewise held and enjoyed from the payment of any of the said Tithes above specified in and upon the same Tenements with th'appurtenance called the Demesns yearly in manner and form aforesaid above in this behalf alleged in whatsoever manner growing happening coming sheering milking or renewing altogether discharged by pretence of the said Act and the rest of the Premisses and so thereof being seized the said V. R. the first day of May in the 21. year of the Reign of the said now Queen at B. with N. at B. with N. aforesaid Lease for years demised the said Tenements with th' appurtenances called the Demesns unto the said V. R. the now Plaintif to have and occupy to him and his Assigns from the Feast c. then last past untill the end and term of 21. years from thence next ensuing and fully to be compleat and ended by virtue of which said Demise the said V. R. the now Plaintif into the said Tenements with th' appurtenances entred and was and as yet is thereof possessed and so thereof being possessed the same Tenements with th' appurtenances unto him as aforesaid Demised had and occupied and as yet hath and doth occupy and should and ought to have and occupy from the payment of any the said Tithes above in this behalf specified in or upon the said Tenements with th' appurtenances called the Demesns yearly in manner and form aforesaid above in this behalf alleged in whatsoever manner growing happening coming sheering milking or renewing discharged by pretence of the said Act and of the rest of the Premisses And whereas farther by the Statute in Parliament held at Westminster aforesaid the fourth day of November Statute of 2. Ed. 6. that no person should sue for the payment of Tiths where c. in the second year of the Reign of the Lord Edward the sixt King of England among other things it remaineth enacted by Authority of that Parliament that no person should be sued or otherwise compelled to render give or pay any Tithes for any Mannors Lands Tenements or Hereditaments which by the Lawes and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tithes or which were discharged by any open Composition as by that Act amongst other things more fully it doth and may appear And whereas also the said Tenements with th' appurtenances called the Demesns and every part and parcell thereof from the whole time abovesaid of which the memory c. hitherto hath been and every part and parcell thereof was by the Lawes and Statutes of this Kingdom of England altogether discharged and acquitted of and from the payment of any the said Tithes above in this behalf recited of in or upon the same Tenements with th' appurtenances called the Demesns and of in or upon every or any parcell thereof in whatsoever manner by the whole time aforesaid in manner and form aforesaid before in this behalf alleged growing happening coming sheering milking or renewing And whereas also the Cognizance of such like Causes or Businesses and the Pleas of the same of Tithes against the form of the said Act and Statute desired in such Case Cognizance of a Plea in Prohibition in no manner do pertain to the Ecclesiasticall Court Notwithstanding which the said Defendant not being ignorant of the premisses Imagining unjustly to grieve oppress and weary the said V. the now Plaintif against the due form of the Lawes of this Kingdom of England and against the form and effect of the said Acts and Statutes and also against the said now Queen and her Regall Crown and it doth not belong to the Court Christian to another Tryall in the Court Christian to draw the said V. the now late Plaintif in the Court Christian before the Worshipfull and learned Master Bartholmew Clark Addition of the Judge of the Arches of London Doctor of Law lawfull Deputy Officiall of the Court of Canterbury of the Arches of London of and for the substraction and not payment of the Tithes following That is to say of the Tithes of Wheat of Marsklyn of Barley of Oats Beans Tares of Hay and Wood in the year of our Lord 1589. now comming and also four other years the next preceding of the said years and moneths in the same concurring whatsoever more one than another of in or upon the said Tenements with th' appurtenances called the Demesns growing happening and comming by the said V. the now Plaintif in those years of the Lord had and received And of and for the Substraction and not payment of Tithe of Calves Milk and Piggs in those years of the Lord falling milked brought forth and happening of Cowes and Sows of him the said V. now the Plaintif in and upon the same Tenements with th' appurtenances called the Demesns in those years of our Lord pasturing feeding and lying And of and for the Substraction and not payment of the Tithe of Wooll in those years of our Lord shorn of the sheep of him the said V. the now Plaintif in and upon the Tenements called the same Demesns with th'
May in the 30. year of the Reign of the said now King were in arrear unto the said I. Broker and Agnes not paid they the said J. Cop. T. Cop. and J. Horn as servants of them the said J. Broker and Agnes and by their Command at the said time in which c. the aforesaid Cattell in the said place called Wilpark by the name of Distresse for the said 30. shillings so as it is aforesaid of the sayd annuall Rent remaining behind Without this that they took the Cattell again for which cause they formerly had taken them they took and deteined as it was lawfull for them to do without this that the said J. Cop. T. Cop. and J. H. at the said time in which c. they took the said Cattell for the same occasion which before they had taken them as the said J. G. before against them Complaineth And this c. Whereupon he prayeth Judgement if an Action c. he ought to maintain c. Plaintif saith that the said Rent was not behind but that the said Cattell were taken for the cause before Venit ' fâ—c ' awards upon 2. Issues ss ANd the said I. G. saith that he by any matter before alleged from his said Action sued had of the taking and deteyning of the said Cattell against the foresaid I. Cop. T. Cop. and I. Horn ought not to be precluded because he saith that the said Rent was not in arrear unto them the said I. Broker and Agnes at the said Feasts as c. and so as before saith that the said I. Cop. T. Cop. and I. H. took the said Cattell for the same occasion which they formerly took them as the said I. G. before against them complaineth And this he prayeth that it may be inquired of the Country c. And the said I. Cop. T.C. and I. H. likewise c. therefore as to the trying of that issue as the other issue between the said parties before likewise joyned thereupon commeth the Jury before the said King from the day of S. Hillary in fifteen dayes wheresoever c. ss AND the said I. B. by T. A. his Attorney commeth Defendant avoweth the taking of the Cattell for that the Plaintif being his Tenant by homage Fealty and Escuage and sute of Court and because he did not Homage and Sute of Court at the said Court of him the Defendant he avows c. and defendeth the force and Injury when c. and doth well avow the taking of the said Cattell in the said place in which c. and justly c. Because he saith that the said I.G. doth hold of him the said I.B. as of his Mannor of S. in the same County one Messuage and two acres of land with th' appurtenances in the said Town of S. wherof the said place in which c. is parcell by Homage and at Escuage of the Lord the King 40. shillings when it should happen 40. d. and at more more and at lesse lesse And by service to do Sute to the Court of him the said I. B. of his Maannor of S. aforesaid at G. from three weeks to three weeks and by the Rent of ten pence unto him the said I. B. and his Heirs at the Feast of Easter and St. Michael the Arch-Angel by equall portions yearly to be paid of which said Services one T. P. grand-father of him the said I. B. whose Heir he is was seized by the hand of one R. F. then Tenant of the said Messuage and Land with th' appurtenances As by the hand of his true Tenant of which said R.F. the Estate of the said I.G. now hath in the same Messuage and Lands with th' appurtenances and from the said T. P. Grandfather c. descended the said Mannor and Services with th' appurtenances unto one Iohane P. as his Daughter and Heir of the said T. P c. And from her the said Iohane descended the same and Services with th' appurtenances unto the foresaid I. B. who now avoweth as Son and Heir of the said Iohane And because the homage of the said I. E. and also sute at the said Court of him the said I. B. holden at G. aforesaid sixth day of October next before the day of the said taking they justly belonged unto the said I. B. the said I. B. avoweth the taking of the said Cattell in the sayd place in which c. as in parcell of the said Tenements of him the said I. B. in form aforesaid holden above the said I. G. and above his true Tenant and within his Fee c. ss AND the said I. G. saith that the said I. B. the taking of the said Cattell in the foresaid place in which Plaintif saith that the place in which c. is without his Fee c. ought not to avow just because he saith that that place is and at the time of the said taking was without the Fee and Lordship of him the said I. B. And this he is ready to prove whereupon from that the said B. before hath acknowledged the taking and detension of the said Cattell he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. ss AND the said I. B. saith that the said place in which c. is and at the time of the said taking was within the Fee and Lordship of him the said I. B. in the form which the said I. B. by his Avowment aforesaid hath supposed and not without his Fee and Lordship And of this he putteth himself upon the Countrey c. Defendant avoweth the taking of the Cattell for that one N.L. held the other parcel of land whereof the place in which c. is parcel of one R.B. whose Heir the Defendant is by Homage Fealty and Escuage and Rent of 20. s. by the year one I. L. hâ—d the estate of the said N. L. suffered the Homage to be unperformed and the Rent unpaid Discent ss AND the said I. T. by W.B. his Attorney commeth and Defendeth the force and injury when c. and doth well avow the taking of the said Cattell in the said place in which c. And justly c. because he saith that one N. L. was lately seized of six Messuages with th' appurtenances in little L. aforesaid in his Demesn as of Fee whereof the place in which c. is parcell and the said Messuage with th' appurtenances held of R. B. by Homage Fealty and Escuage of the Lord the King 40. shillings when it should happen 10. shillings and at more more c. and at lesse lesse c. and by the Rent of 20. shillings unto the said R. and his Heirs at the Feasts of Easter and St. Michael th'Arch-Angell by equall portions yearly to be paid of which Services the said R. was seized by the hand of the said N. as by the hand of his true Tenant of the said Fealty as of Fee and right and of the
Cattel in the said place in which c. For the reason before alleged Plaintif and Lessor say that the same Lessor at the time of the making of the writing by which the said annuall Rent was granted was within age c. to avow just nor the said W. D. the taking of those Cattel in the same place in which c. to acknowledg just ought not because they say that well and true it is that the said R. G. long before the said time in which c. was seized in the said Tenements with th' appurtenances whereof the said place in which c. is and at the said time in which c. was parcell in his Demesn as of Fee and that he so thereof seized long before the same time gave and granted the said annuall Rent unto the said R. A. to have and to hold the said annuall Rent unto the said R. and his Assignes to the Term of his life in manner and form as the same R. A. and the said W. before in pleading have alleged And further the said I. H. and R. G. say that the said R. G. long before the said time in which c. that is to say the first day of October in the fourteenth year of the Reign of the said Lord the now King aforesaid at A. aforesaid demised the said Tenements with th' appurtenances whereof the said place in which c. is and then was parcell unto the said I. H. to have and occupy to him and his Assignes from the said feast of St. Michael th'Arch-Angell then last past untill the end and Term of seven years then next following and fully to be compleated by vertue of which demise the said I. long before the said time in which c. was thereof possessed And moreover they the said R. G. and I. H. say that the said I. G. at the said time of the making of the said writing was within the age of twenty one years And this they are ready to prove as c. Within age Whereupon from which the said R. A. and W. the taking of the said Cattel before acknowledging pray judgement and his damages by that occasion to be adjudged unto them c. And they the said R. A. and W. D. as formerly saith Defendant maintaines the Plea without this that the Lessor was within age c. that the said R. G. was seized of the said Tenements with th' appurtenances in his Demesn as of Fee and that he so thereof seized by his said Deed at C. aforesaid gave and granted unto the aforesaid R. A. the said annuall Rent of twenty six shillings and eight pence to have and receive that yearly Rent unto the said R. and his Assignes to the Term of his life of and in the said Lands and Tenements with th' appurtenances every year at the feasts of St. Michael th'Arch-Angel the birth of our Lord Baster and the Nativity of St. John the Baptist equally to be paid and that the said R. G. by his said writing further granted that if it should happen the said yearly Rent to be behind in part or in all by one Month after any feast of the said feasts in which it ought to be paid unto the said R. A. or his Assignes unpaid that then it should be lawfull unto the said R. A. and his Assignes into all the said lands and Tenements and the rest of the premisses with th' appurtenances to enter and the distresses so there taken to lead carry away impound and in pound to keep untill unto him of that annuall Rent so being behind together with the Costs and Charges if any should be should be fully satisfyed and paid And for twenty six shillings and eight pence being behind at the feast of the Nativity of St. John the Baptist next before the said time in which c. the said R. A. doth wel avow and the said W. D. as Servant of him the said R. A. and by his Command at the said time in which c. doth well acknowledg the taking of the said Cattel in the said place in which c. By the name of distress for the same twenty six shillings eight pence so being behind Without this that the Grantor was within age c. as unto them it was lawfull in manner and form as they before have alleged without this that the said R. G. at the said time of the making of the said writting he granted the said annuall Rent he was within the age of twenty one years in manner and form as they the said I. H. and R. G. before in pleading have alleged And this c. whereupon as formerly they pray judgement and the return of the Cattel to be adjudged unto them And that the said I. from her said action against them had may be precluded c. And the said I. and R. G. as formerly say at the said time of the making of the said writing of the Grant of the Annuall Rent was within the Age of twenty one years in manner and form as they the said I. and R. G. before in Pleading have alleged and this they pray that it may be enquired of by the Country c. Defendant justifies the taking of the Cattel for parcell of a yearly Rent Charge behind by the name of distresse ss AND the said V. E. by R. M. his Attorney cometh and defendeth the force and wrong when c. And as Bailiff of the said T. C. widdow doth well acknowledg the taking of the said Cattel in the said place in which c. And justly c. Because he saith that long before the said taking supposed to be done one J. M. late of the parish of St. Lawrence in the I le of Tenet in the said County was seized of one Tenement called the H. in the said Parish of S. and of twenty four acres of Meadow thirty acres of pasture and twenty acres of Wood with th' appurtenances unto the same Tenement appertaining in S. aforesaid called the H. whereof the said place in which c. is and at the said time of the said taking supposed to be done was parcell in his Demesn as of Fee and so being seized the said I. M. the Eighth day of July in the seventeenth year of the Reign of the Lord Henry late King of England the seventh at S. aforesaid by his certain Writing sealed with the Seal of him the said I. which the said V. herein Court prosereth whose date is the same day and year gave and granted and by the said writing confirmed unto one T. W. Esquire father of the said T. a certain yearly Rent of fifty three shillings and four pence going out of the said Tenements called the H. in the Parish of S. in the said County and of all Meadowes feedings pastures and woods unto the said Tenement in what soever manner belonging To have levy and receive the said annuall Rent of fifty three shillings and four
the said T. late Prior and all his Predecessors heretofore Priors of the said Church from the time of which c. in the Right of that Church distreined and used to distrein for the said Rent and the Arrerages of the same in the said twenty acres of Land with th' appurtenances and in every parcell thereof when that Rent or any parcell thereof unto the Prior of the said Church for the time being by any Feast in which as is premised ought to be paid should happen to be behind unpaid and the Distresses so taken to lead chase carry away and wholly to retein them untill that Rent and the Arrerages of the same unto the Prior of the said Church for the time being should be fully satisfied and paid which said T. the late Prior afterward dyed The death of one of the Priors the Choosing of another after whose death the said now Prior was elected and made Prior of the said Church And because the said Rent at the time of the said taking supposed to be done was behind for two years next before the day of the said taking done unto the said now Prior unpaid the said R.B. as Bailiff of the said now Prior for thirteen shillings four pence of that Rent of those two years so being behind doth well acknowledge the taking of the said Cattell and Chattels in the said place in which c. And justly c. as in parcell of the said twenty acres with th' appurtenances unto the Distresse of him the said Prior of that Rent in form aforesaid charged And justly c. And this he is ready to prove c. whereupon he prayeth Judgement and the Retorn of the said Cattell and Chattells to be adjudged unto him c. ACTIONS OF TRESPASS upon the CASE TRESPAS UPON THE CASE Declaration for scandall of a Tytle ss R Stevens otherwise Walker complaineth of Thomas Gittens in the Custody of the Marshall c. for that namely that whereas the eighth day of October in the eleventh year of the Reign of the said Lady the now Queen one I. E. was seized in his Demesn as of Fee of and in one Messuage a hundred acres of Land fourty acres of Meadow two hundred acres of Pasture and twenty acres of Wood with th' appurtenances in H. in the said County and so being thereof seized the same I. afterwards that is to say the 22. day of October in the sayd eleventh year infeoffed the said R. of the said Messuage and the rest of the Premisses with th' appurtenances to have to the said R. to him and his Assigns for ever by virtue of which the said R. into the said Messuage and the rest of the Premisses with th' appurtenances entred and was and yet is thereof seized in his Demesn as of Fee which said Messuage and the rest of the Premisses with th' appurtenances being desirous to sell to pay divers sums of money unto divers persons unto whom he was indebted the said Messuage and the rest of the Premisses with th' appurtenances unto one G. P. and divers other subjects of the Lady the now Queen after the said 22. day of October in the eleventh sent aforesaid and before the 20. day of March in the twenty third year of the Reign of the said Lady the now Queen for one hundred pounds of lawfull money of England could have bargained and aliened the said Thomas well knowing of the Premisses craftily and deceiptfully imagining and intending the said R. of the Sale of the said Messuage and the rest of the Premisses with th' appurtenances for a good value of the same maliciously to hinder and the right and Title of the said R. of in the said R. and the rest of the Premisses unjustly and untruly to extenuate scandalize and to bring into obloquy Afterwards that is to say the 22. day of March in the twenty third year abovesaid at H. aforesaid in the said County by colour of a certein Deed indented by one W.E. unto the said T. of and in the Premisses made in the presence and hearing of divers Venerable and of other worthy people of Credit subjects of the now Lady the Queen then and there being and hearing did speak these false feigned and scandalous English words and plainly with a loud voice pronounced and published that is to say I himself the said T. B. meaning have better right to half the Lands meaning the half of the said Messuages and Tenements above specified than he the meaning the same R. now Plaintif hath Which said W. E. had no right to sell the said Messuage and the rest of the Premisses where in truth the said R. S. purchased the said Messuage and the rest of the Premisses with th' appurtenances of the said I. E. who at the time of that purchase had right to sell the said Messuage and the rest of the Premisses with th' appurtenances and where in truth the said T. E. nothing of right or lawfull claim of to or in the said Messuage and the rest of the Premisses with th' appurtenances then had or as yet hath or in any manner whatsoever was able or is able lawfully to sell or demand by pretence of which said speech publication and claim aforesaid the said R. at any time after the 20. day of March in the twenty third year above said the said Messuage and the rest of the Premisses Enquire whether these words are sufficient to maintain the said Action because the Defendant spoke the words in his proper right and tytle with th' appurtenances unto any person in no wise could bargain or sell by reason of which the said R. was not onely constreined to his great charges and costs to borrow of divers persons divers sums of money to be paid at the debt of him the said R. and also true it is the same R. for clearing of the said Title and Claym by the said T.G. in form aforesaid made and for the manifestation and proof of the right and title of him the said R. aforesaid of and in the said Messuage and the rest of the Premisses with th' appurtenances he took upon him and underwent divers grievous Labours of his body and hath divers wayes spent vast sums of money and also certain other great dutifull Affairs of him the said R. doe remain undone and neglected Whereupon the said I. saith that he is the worse and hath Damage to the value c. Justification of the speaking of the scandalous words by reason of a Feoffment ss AND the said T. E. by E. B. his Attorney cometh and defendeth the force and Injury when c. And saith that he ought not to maintain an Action because he saith that the said W. E. tenth day of August in the eleventh year of the Reign of the now Lady the Queen was seized in his Demesn as of Fee of and in the Moitie of the said Messuage and the rest of the Premisses with th' appurtenances in H. aforesaid
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
time for the carriage of his Hay aswell through a certain passage called a Mead in the said Parish as through certain Closes and Pastures in L. aforesaid to his severall Messuages in M. aforesaid being they the said W. T. the elder and W. well knowing of the Premisses craftily devising to hinder and disturb the said T. and all the Inhabitants of the Town of M. aforesaid being from the whole benefit and profit of the said way the Ninth day of J. in the eighteenth year of the Reign of the now Queen at M. aforesaid upon the said way in a certain place there called B. H. in the Parish of M. aforesaid erected and made up a Hedge And him the said T. then an Inhabitant of the Town of M. aforesaid being to use the said Way with a certain Carriage of Hay of the said T. which he then had carried away from the said Closes called Ledborn Closes and through the said Way to his Messuage in M. aforesaid then being he was about to bring away then and there he was hindred and disturbed by which the said many Enjoyments gains and advantages which he with the use of the said way might have had and benefitted by reason of the stopping of the said way and hindring of his said Carriage wholly lost and let pass to the damage of him the said T. a hundred pounds And thereupon he bringeth his Sute c. ss I. F. Merchant complaineth of E. P. in the Custody of the Marshall Declaration where the Defendant in Consideration of 30. shillings promised to secure the Plaintif of certain goods then being beyond the Seas and to have them safely unloaden at London c. for that namely that whereas the said I. the first day of January in the fortieth year of the Reign of the now Queen of England at London that is to say in the Parish c. had appointed that divers Wines Sacks and other Merchandize should be provided and bought for the said I. at the Isle of Teneriff in parts beyond the Seas by the Factor of the said I. there residing as Factor of the said I. in that part should see best to the value of five hundred pounds to be transported from the same Isle of Teneriff or any of the said Isles of the Canaries up to London aforesaid in a certain Ship called the Francis of Leith otherwise called the Richard Arundel of London to the use of the said I. And whereas also the said I. N. had very much desired to have all such Wines Sacks and other Merchandizes of him the said I. or any part therof which at the said Isle of Teneriff or any of the said Isles of the Canaries at that time were laden or then afterwards should be laden in the said Ship to be transported from the same Isle even up to London aforesaid and there to be unladen secured and assured unto the said I. N. according to the Custome of Merchants And the first day of M. in the fortieth year of the Reign of the said now Queen abovesaid at London aforesaid in the Parish c. had Communication with divers persons for and concerning the Assurance aforesaid of the said E. P. afterwards that is to say the said first day of M. in the fortieth year of the Reign of the said now Queen aforesaid at L. aforesaid in the Parish and Ward aforesaid for and in Consideration that the said J. N. then and there upon himself assumed and unto the said E. promised to pay unto the said E. thirty shillings of lawfull c. when he should be thereunto required by the said E. for the Assurance of so much Wines Sacks and other Merchandizes of him the said I. of whatsoever kind or nature they were which at the Isle of Teneriff aforesaid or any Isle of the said Isles of the Canaries at that time were laden or then afterwards should be laden in the said Ship to London aforesaid by Sea to be transported in the said Ship as much as should come to the sum of twenty five pounds upon himself assumed and unto the said I. then and there that is to say the day and year last said at L. aforesaid in the Parish and Ward aforesaid faithfully promised that if the Wines Sacks or other Merchandizes of him the said I. in the said Ship then laden or then afterwards to be laden at the Isle of Teneriff aforesaid or any Isle of the said Isles of the Canaries should happen to be lost or taken away by men of War Fire Enemies Pirats â—etterones Letters of Mart or Countermart Arrests Restraints or by the detention of Kings or Princes or other persons whatsoever Barratry of the Master of the said Ship and Mariners of the same Ship or by any other danger â—osse or misfortune whatsoever or howsoever happening or comming from the day and hour of the lading of the said Wines or Merchandizes aboard the said Ship at the Isle of Teneriff aforesaid or any Isle of the said Isles of the Canaries before that the said Ship with the said Wines Sacks or other Merchandizes in the same Ship so as aforesaid being laden or should be laden should arrive at L. aforesaid and before that the same Wines of Sacks or other Merchandizes should be at London aforesaid discharged and upon land put in good Security that then he the said E. P. twenty five pounds of lawfull money of England unto the aforesaid when thereunto he should be required after such losse or taking away well and truly to pay and c. And that in Case of any misfortune it should be lawfull unto the said I. his servants Factors and Assigns to sue and labour for in and about the defence safeguard and Recovery of the said Wines of Sacks or other Merchandizes or of any parcell thereof without any prejudice of the said Assurance And that at the charges thereof the said E. should contribute according to the rate and quantity of the said sum so assured and the said I. N. in fact saith that after the said promise and assumption so as aforesaid made and before the day of the obteyning of this Bill that is to say the eighteenth day of A. in the fortieth year of the Reign of the said now Queen abovesaid at the said Isle of Teneriff in the Port of the said Isle thirty two Pipes of Canary Wines in the whole amounting to the value of fifty pounds of lawfull c. of the proper goods and Chattels of him the said I. were laden into the said Ship in another Isle of Teneriff aforesaid by Sea in the said Ship to be transported to London to the use of the said I. And that the said Ship afterwards that is to say the twentieth day of A. in the fortieth year aforesaid from the Isle of Teneriff aforesaid and Port of the same Isle with the the said thirty two of those Pipes of Canary Wines of the said I departed laden and was comming forward for and upon
did cut down and carry away against the Peace of the said now King and Queen as he above against him complaineth in manner and form as he the said Plaintif in replying hath alleged without this that within the said Mannor it hath and from the time of which the Memory of men is not to the contrary it had such Custome that is to say that every customary Tenant of the said Mannor who held any customary Tenements within that Mannor to him and his heirs at the Will of the Lord of that Mannor by Copy of Court-Rolls of that Mannor according to the Custome of the same Mannor was able to and might cut down whatsoever Trees and Woods growing in or upon those Customary Tenements without any forfeiture of any such Customary Tenement unto the Loâ—d of that Mannor for the time being for such like waste in manner and form as the said Defendant above in rejoyning hath pleaded and this c. wherefore as formerly he prayeth Judgement and his Damages aforesaid by reason of the said Trespass to be adjudged unto him c. ss AND the said Defendant as before saith that within the said Mannor it hath and from the time of which c. it had such Custome that is to say that every Customary Tenant of the said Mannor which held any Customary Tenements within that Mannor to him and his heirs at the Will of the Lord of that Mannor by Copy of Court-Roll of that Mannor according to the Custome of the same Mannor is able to and might cut down whatsoever Trees and Wood growing in or upon those Customary Tenements without forfeiture of any such like Customary Tenements unto the Lord of that Mannor for the time being for such like waste And of this he putteth himself upon the Countrey and the said Defendant likewise c. ss AND the said Johane by W.B. her Attorney commeth and defendeth the force and injury when Defendant justifies Trespas as Servant by vertue of a certain Demise by the Rector of the Parish Church of St. Swithins in London according to the Custom of the City of London by the assent of the Warden of the same Parish the Deed being openly known Custome of London that the Rector of any Church might let the land of his Church with the assent of the Wardens of that Church and of honest persons of the Vestrey c. and as to the comming with force and arms not guilty and as to the residue of the said Trespass above supposed to be done the said I. saith that the foresaid R. ought not to maintain his Action because he saith that the said House in which the said Trespass is supposed to be done is and at the time of that Trespass above supposed to be done was one Messuage with th' appurtenances in the Parish and Ward aforesaid whereof long before the said time in which c. one R. Chatterton Clerk late Rector of the Parish Church of St. Swithin in Candle-wick-street in the City of London was seized in his Demesn as of Fee in the right of his said Church and that the said City of London is an antient City within which said Ciity it hath and from the time c. it had such Custom that if and whensoever any person being Rector of any Parish Church within the said City being seized in his demesn as of Fee in the right of his Church aforesaid of any Messuage or Tenement within the same City to the use of the Parishioners of the Parish of which any such person should be Rector or to the use intention or Trust to any charitable works to be done or done or to the use of finding any Chaplain at Divine Services in such Church where such person so should be Rector to doe and celebrate and if such Rector so seized at such use should make any Demise of any such Messuage or Tenement unto any person or persons for term of years by his Deed indented sealed with his Seal by the Assent of the Wardens of good Works Rents and Ornaments of such Church or of one of the Wardens of such Church for the time being and of any other honest persons of that Church in a certain place called the Vestrey of the Church of such Parish being come together to the handling of the businesses of that Church or the greater Number of those persons so being there assembled that from thenceforth such Demise for Term of years so made should be and from the whole time abovesaid it was used to be good valid and of force in Law against such Rector and his Successors of others whosoever claiming under the title and titles of the Rector during such Term in such Deed of Demise specified although such Demisor shall die or his Rectory or Benefice thereupon resign or her with any other person should grant within such Term in such Deed of Demise contained and that long before the said time in which c. and long before which the said R. H. had any thing in the aforesaid Messuage with th' appurtenances the said R. C. Clerk then being Rector of the Parish Church of St. Swithin aforesaid was seized of that Messuage with th' appurtenances in his Demesn as of Fee and in right of the said Church to the use to find a Chaplain to celebrate Divine Services in the aforesaid Church of St. Swithins for ever and so thereof to that use being seized the said R. C. being Rector of that Church long before the said time in which c. that is to say in such a day in the thirty second year of the Reign of H. 8. at London in the Parish of St. Swithins in the Ward of Walbrook aforesaid by his certain Deed indented one part of which is sealed with the Seal of the said R. C. the same I. R. here in Court doth profer whose Date is the same twenty first day of October in the said twenty second year of H. 8. abovesaid with the Assent of William Spâ—nk and Richard Bownington then Wardens of the good Works Rents and Ornaments of the said Church of St. Swithins being and of the greater number of honest persons of that Parish in a place called the Vestrey of the Church of the said Parish being assembled to treat of the businesses of that Parish Namely T. P. A. R. R. C. I. P. R. D. W. D. W. S. W. G. T. W. H. B. A. B. W. H. R. C. I. H. R. B. and I. S. Demised Granted and to farm let unto one John Rogers the aforesaid Messuage with th' appurtenances To have and to hold unto the said R. his Executors and Assigns from the Feast of the Nativity of our Lord Jesus Christ from thenceforth next ensuing untill the end and term of ten years from thenceforth next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said Term unto the said Rector and Wardens or to their Successors Rectors and Wardens of the said Church
his Predecessors formerly Priors of the said Church accustomed to distrein in the said twenty acres of Land for that the same Rent of four shillings and every parcell thereof whensoever that Rent should happen to be behind in part or in all Without this that the said T. the late Prior Issue upon Seifin of Rent and his Predecessors heretofore Priors of the said Church from the time wherein the Memory of man is not extant in the right of that Church were seized of the said Rent of six shillings eight pence issuing out of the said twenty acres of Land as of Rent-Charge in the form which the said R. B. by the said Acknowledgement before hath supposed And this c. whereupon he prayeth Judgement and his Damages by occasion of the taking and deteining of the said Cattell and Chattells to be adjudged unto him c. And the said R. saith that the said W. the now Prior and his Predecessors heretofore Priors of the said Church from the time whereof the Memory of man is not extant in the right of that Church were seized of the said Rent of six shillings eight pence of the said twenty acres of Land as of a Rent-Charge in what form the said R. by his said acknowledgement before supposeth And of this he putteth himself upon the Countrey c. AT which eight dayes of St. Hillary before the Lord the King Entry of an Essoin and joyning in Aid and imparlance in Replevin Mich. 15. H. 7. rot 78. the like Mich. 23. H. 7. rot 103. at Westminster cometh the said parties by their said Attorneys and the said I. T. being summoned at the aforesaid Eight dayes of Saint Hillary caused himself to be Essoyned of the said Plea and had thereupon day by his Essoyn untill at this day that is to say from the day of Easter in three weeks then next following before the said King wheresoever c. And now at this day before the said King at Westminster commeth aswell the said R.M. as the said P.S. and I. and R. W. by his said Attorney and the said I. T. in the fourth day being solemnly called by W. F. his Attorney likewise commeth and joyneth himself in Ayd of the said R. M. to answer unto the said P. S. I. and R. together with the said R. M. to the said Avowment and Acknowledgement is granted c. And upon this day thereof is given to the said parties before the said King untill in eight dayes of the holy Trinity Imparlance by default Plaintif joyneth himself in Ayd The Writ of Ven ' Fac ' is not put into the Crown wheresoever c. that is to say to the aforesaid R. M. and I. T. to imparl and then to answer c. And as to the trying of the said Issue before joyned he hath not put the Writ thereof in the Crown Therefore as often commeth the Jury thereupon before the said King at the same Term by whom c. And who neither c. to Recognise c. Because aswell c. the same day is given to the said parties c. Defendant pleads that the Wife of the Plaintif whilest she was sole released him Hill 13. H. 8. 10 32. ss AND the said I. F. by R. T. his Attorney commeth and defendeth the force and wrong when c. and saith that the said W. and A. ought not to have an Action c. because he saith that the said Anne before the said time of the said Trespass supposed to be done and before the Marriage between her the said A. and the said W. solemnized that is to say the eighteenth day of October in the Ninth year of the Reign of the now King the said A. delivered unto the aforesaid I. F. the said goods and Chattells as the said W. and A. before have declared And afterwards that is to say the twenty fifth day of November in the Ninth year of the Reign of the Lord the now King aforesaid the said A. whilest she was sole by the name of Anne Redhelke of L. Widow at L. that is to say in the Parish and Ward aforesaid by her certain Writing which the said I. sealed with the Seal of her the said A. here in Court profered whose Date is the said twenty fifth day of November in the ninth year of the Reign of the said now King aforesaid remised and released unto the said I. F. by the name of I. F. Citizen and Merchant Taylor of London all and all manner of personall Actions and Demands which she might have against him the said I. by whatsoever reason from the beginning of the World untill the day of making of the said Writing as in that Writing more fully is contained Without this that the said A. delivered the said goods and Chattels unto the said I. F. the said twentieth day of December in the said Ninth year of the Reign of the said now King or at any time after the making of the said VVriting of the Release And this c. whereupon c. Protestation And they the said W. and A. say that they by any matter c. ought to be precluded because protesting that the said A. delivered unto the said I. F. the said goods and Chattells as they the said W. and A. before against him Complaineth for Plea saith that the said Writing of Release Not her Deâ—d is not the Deed of the said A. in manner and form as the said I. F. before have alleged And this he prayeth that it may be inquired of c. ss AND the said I. O. in his own person commeth and defendeth the force and Wrong when c. Kent Defendant justifies the Trespass by vertue of a Demise Judgement for the Plaintif Trin. 13. H. 7. â—ot ' 87. And as to the coming with force and arms or whatsoever which is against the Peace of the Lord the now King and also all the said Trespass besides the breaking of the said Close and eating up treading and consuming of the said Grass in N. aforesaid saith that he in no manner is guilty thereof And of this he putteth himself upon the Country And the said Plaintif likewise c. And as to the breaking of the said Close and eating up treading and consuming of the said grass in N. the said Defendant saith that he ought not to have his Action because he saith that the said Close and also the place in which the said Trespass is supposed to be done in N. aforesaid was and at the said time in which c. were thirty acres of Land with th' appurtenances in N. aforesaid called H. whereof before the said time in which c. one T. Chelyn was seized in her Demesn as of Fee and so thereof seized before the said time in which c. that is to say in the Feast of St. Michael th'Archangell in the twelfth year of the Reign of the now King at Feversham in the said County Demised
so being seized the same R. of such his Estate before the said time in which c. dyed thereof seized after the death of which said R. the said Tenements with th' appurtenances descended unto one Matild as Daughter and Heir of the said R. by which the same Matild into the same Tenements with th' appurtenances entred and was thereof seized in her Demesn as of Fee according to the Custom of the said Mannor and so thereof seized the same Matild before the said time in which c. took to Husband the said I. M. by which they the said I. and Matilda were of the same Tenements with th' appurtenances seized in their Demesn as of Fee according to the Custom of the said Mannor Colour by demise by Copy of Court-Roll in the right of the said M. And the said I. S. claiming the said Tenements with th' appurtenances by Colour of a certain Deed of Demise to him thereof made by the said late Earl in his life long before the said Demise of the said Tenements with th' appurtenances unto the aforesaid R. M. in form aforesaid made where nothing of the said Tenements into the possession of him the said I. S. by that Deed ever passed into the said Tenements with th' appurtenances entred Upon the possession of which said I. S. the same I. M. in the right of the said M. his Wife afterwards that is to say at the same time in which c. into the said Tenements with th' appurtenances re-entred and the said Close and House as the proper Close and House of them the said I. M. and M. did break and the said Grass as the proper Grass of the said I.M. and M. with the said Cattell did eat up tread and consume as to him it was lawfull The form of Pleading where Land is granted by Copy of Court-Roll to him and his And further the same I. M. saith in fact that within the said Mannor it hath and from the time the Contrary of which the memory c. it had such Custom that is to say that all Tenants of any Lands and Tenements within the said Mannor having and holding the same Lands or Tenements as of the said Mannor by Copy of Court-Roll by these words in the same Copies that is to say To have to him and his according to the Custom of the said Mannor they shall have an estate in the same Lands and Tenements with th' appurtenances in Fee-Simple according to the Custom of the said Mannor And this c. And whereupon c. And the said I. S. saith that he by any matter c. not to be precluded because he saith that well and true it is that the said late Earl of Ormond was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and so thereof dyed seized after the death of which said Earl the said Tenements with th' appurtenances Discent descended unto the aforesaid I. S. as to the Cosin and Heir of the said late Earl that is to say as Son and Heir of George as Son and Heir of Anne Daughter and Heir of the said Earl by which the said I. S. before the said time of the said Trespass done into the said Mannor with th' appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee untill the said I. M. at the said time in which c. into the said Tenements with th' appurtenances entred and the said Close and House then and there did break and the said grass then and there growing with the said Cattell did eat up tread and consume in manner and form as the said I. S. before Without this himself now Complaineth Without this that the said Tenement with th' appurtenances are and from the time the contrary of which the memory of man doth not remain were Customary Lands and Tenements and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in pleading hath alleged And this c. Whereupon from what the said I. M. of the said Trespass before acknowledgeth prayeth Judgement and his Damages by occasion of the said Trespass to be adjudged unto him c. And the said I. M. as before saith that the said Tenements with th' appurtenances are and from the time the Contrary of which the memory of men doth not remain were Customary Tenements and Lands and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in Pleading hath alleged And of this he putteth himself upon the Countrey And the said I. S. likewise c. Therefore c. I. I. lately of c. and B. P. lately of Declaration in Trespass and false imprisonment c. were attached to answer W. N. of a Plea wherefore by force and arms him the said W. at London they took imprisoned and evill handled and him there so in prison against the Law and Custome of the Realm of our Lady the Queen that now is they long deteyned and other harms to him they did to the great Damage of him the said W. and against the Peace of our Lady the Queen c. And whereupon the same W. by I. W. his Attorney complaines that the aforesaid I. and B. such a day and year by force and arms that is to say with Clubs and Knives him the said W. at London c. they took imprisoned and evill handled And him there in Prison against the Law and Custom of the Realm of our Lady the Queen that now is they long that is to say for the space of thirty dayes they deteined And other harms c. To the great Damage c. And against the Peace c. Whereupon he saith he is worsted and hath Damage to the value of 300. pounds And thereupon he brings his Sute c. To this Declaration above the Defendants plead specially the Charter of the Universitie and that they were Proctors And that the Plaintif was fined for ingrossing and forestalling c. And this in the Chancellours Court in Cambridge and so justifie the taking of him for the Fine and to this the Plaintif Demurs and the Defendants joyn in Demurrer At which day here came aswell the aforesaid W. as the aforesaid I and B. by their Attorneys aforesaid The Demurrer adjudged good and a Writ of Enquirie of Damage awarded And upon this the aforesaid Plea of the aforesaid I. and B. above in Bar pleaded being seen and by the Justices here fully understood it seems to the same Justices here that that Plea in the manner and form aforesaid pleaded and the matter conteined in the same is insufficient in the Law to debar him the said W. from having his Action aforesaid against the aforesaid I. and B. For which the aforesaid Plaintif ought to recover his Damages by occasion of the Trespass aforesaid against the aforesaid
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
ought to have her action aforesaid against them c. AND the aforesaid E. sayes that shee by any thing before alleadged by them the said W. and R. ought not to be debarred from having her action aforesaid against them because by Protestation that the aforesaid sixty acres of wood with the appurtenances are and the aforesaid time of the Trespasse aforesaid made were the sole and freehold of the aforesaid E. Traverse of the Prescription Without that that the aforesaid W. and all they whose estate the same W. now hath and the aforesaid time of the Trespasse aforesaid made had of and in the aforesaid Messuage and twenty acres of Land with the appurtenances have had and 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 sixty acres of wood with the appurtenances for their proper and necessary fireboot in the said Messuage of him the aforesaid W. to be spent and burnt as unto the same Messuage and twenty acres of Land with the appurtenances belonging in manner and forme as the said VV. and R. above by pleading have alleadged And this he is ready to aver VVhereupon for that that the aforesaid VV. and R. the Trespasse aforesaid above acknowledge he prayes judgement and his damages by occasion of that Trespasse to bee adjudged unto him c. Issue taken upon the Traverse of the Prescription AND the aforesaid Prior I.L. and I.F. by VV.C. their Attorney come and defend the force and injury when c. The Defendants all plead not guilty as to the force and armes and one as to the rest And the other justifie by vertue of a Warrant And as to the coming by force and armes not guilty c. And the aforesaid Prior as to the residue of the Trespasse aforesaid sayes that he is in nothing thereof guilty And of this he puts himselfe upon the Country c. And the aforesaid J.L. and J.R. say that the aforesaid J. B. ought not to have his action aforesaid against them because they say that long before the time of the Trespasse aforesaid supposed to be made our Lord the King that now is was seized of the Mannor and Lordship of Leeds in his demesne as of Fee within which said Mannor our Lord the King that now is held his Court called a Court-Baron as in right of his Mannor aforesaid from three weeks to three weeks before his Steward for the time being there to be held And sayes that our Lord the King so being seized by his Letters Patents whose date is the tenth day of October in the seventeenth yeare of his Reigne granted unto the aforesaid Prior and Covent the custody of the Mannor and Lordship of Leeds aforesaid with the appurtenances and the joysting of the Parke there To hold to him and his successours from such a day next to come unto the end of twenty years from thence next following fully to be compleat and ended rendring therefore yearly to our said Lord the King in his Exchequer at the feasts of Easter and St. Michael the Arch-angel by equall portions for the custody and joysting aforesaid 24 l. of lawfull money of England as they before had paid and also sustaining the Closes and Edifices and also supporting all other charges to the same Mannor belonging appertaining so long as they should have the custody and joysting aforesaid By vertue of which said Grant the same Prior and Covent were thereof possessed long before the Trespasse aforesaid supposed to be made and at the day of the Trespasse aforesaid supposed to bee made And they say also further that long before the trespass aforesaid was supposed to be made that is to say such a day and year one J.S. Knight before R.C. then Steward of the same Prior of his Court aforesaid in the same Court brought a certaine plaint against the aforesaid I.B. of a plea of Trespasse by force of which said plaint the same Steward then and there commanded a certaine precept to one VV.R. then Bayliffe of the Mannor aforesaid directed to attach the aforesaid I.B. by his goods and chattels within the Precinct of the same Mannor to appeare before the aforesaid Steward at the next Court there to be held that is to say the second day of September then next following to answer the aforesaid I. S. in his plaint aforesaid by force whereof the same Bayliffe the aforesaid time of the Trespasse aforesaid supposed to be made And the aforesaid I.L. and I.F. as the servants of the same Bayliff and by his command the aforesaid I B. by two Horses and six Oxen aforesaid then in the place in which c. which is within the Precinct of the Mannor aforesaid found they did attach And the same Oxen and Horses then there they impounded and held impounded as it was lawfull for them to do which said taking impounding and detaining of the Cattel aforesaid out of the cause aforesaid are the same Trespasse taking c. of which the same I.B. conceives his action aforesaid c. Which all and singular they are ready to aver Whereupon they pray judgement whether the aforesaid I. B. ought to have his action aforesaid against them c. The Plaintiffe replies that they did it of their proper injury without such a cause AND the aforesaid J.B. sayes that he by any thing before alleadged ought not to be debarred from having his action aforesaid against them because he saith that the aforesaid I. L. and I.F. of their owne proper injury and without such cause by them the aforesaid I.L. and I F. above alleadged with force and armes aforesaid have made in manner and forme as he the said I. B. above against them complaineth And this he prayes may be inquired of by the Country And the aforesaid I. L. and I.F. in like manner c. Issue upon the Traverse AND the said I. M. as before saith That the said Tenements with the appurtenances are and from the time of the memory of man were customary Tenements and Lands and demised and demisable by Copy of Court Roll of the said Mannor in manner and forme as the said I.M. before in pleading hath alleadged And of this hee putteth himselfe upon the Country And the said I. S. in like manner Therefore c. Trespasse upon the Case Midd. ss BOnaventure Ashby Gentleman Declaration in Trover of a reclaymed Falcon Pasch 19. Eliz. Rol. 499. complaines of John Gifford Gentleman in the custody of the Marshall c. for that that is to say whereas the aforesaid B. such a day year and place in the County aforesaid was possessed of a Falcon reclaimed and tamed of the price of 40 l. with two Belles to the value of 12 d. and two Varvils in which the name of the aforesaid B. was inscribed to the value of 5 s. as of his proper goods and chattels
lost afterwards to wit such a day yeare and place to the hands and possession of the aforesaid I. C. by finding came yet the aforesaid I. C. knowing the writing aforesaid to bee the proper writing of him the said R. and to him the said R. of right to belong and pertaine plotting and contriving him the said R. wholly to debarre and exclude from the recovery of the aforesaid two hundred pound That writing to him the said R. although afterwards to wit such a day yeare and place hee hath beene thereupon required hee hath not delivered but that writing to deliver to him the said R. hitherto hee hath altogether refused and the writing aforesaid and the profit thereupon comming afterwards to wit such a day yeare and place to his the said I. C. proper use and profit hee hath converted and disposed to the damage of him the said R. three hundred pound And thereupon hee brings his Suit c. Trâ—ver for a Ring Sur. I. G. complaines of G. C. in the custody of the Marshall c. for that that is to say whereas the same I. such a day yeare and place was possessed of a certaine gold Ring and one precious Stone called a Puffyn set and infixed in the same Ring as of his owne proper Ring And so as in other Actions of Trover The Defendant pleads he bought it in open Market AND the aforesaid G.C. in his proper person comes and defends the force and injury when c. And sayes that the aforesaid I. ought not to have his action aforesaid against him because by protestation that the aforesaid Ring the aforesaid time wherein c. was worth but seven shillings and no more And that the aforesaid I. was not thereof possessed as of his proper goods and chattels in manner and forme as the same I. above against him complaineth For Plea he saith that the City of London is an ancient City of our Lady the Queen and of her Progenitors late Kings of England And that within the same City there is had and from time out of minde there hath been had a certaine publicke and open Market in every open place within the same City weekly every day in the week the Lords day onely excepted for all manner of persons to buy and sell whatsoever matters and merchandizes within the City aforesaid in every part of the same City in all open places and shops of the City aforesaid every day in the week the Lords day onely excepted from the rising of the Sunne to the setting of the same And that long before the said time wherein c. to wit such a day and yeare one R.A. was possessed of the Ring aforesaid at the City of London in the Parish of St. Botolphs in the Ward of Aldersgate London And so being thereof possessed afterwards to wit such a day and yeare at such a place in the Parish and Ward aforesaid that is to say about ten of the clocke before noon of the same day in a certaine open shop there in a certaine place called Little-Britain in the Parish and Ward aforesaid the same Ring then there being sold to him the said G. for seven shillings to him then by the aforesaid G. paid By vertue of which said sale in forme aforesaid made the aforesaid G. was of the Ring aforesaid possessed as of his proper Ring By which he the said G. the Ring aforesaid the time wherein c. to his owne proper use and profit as it was lawfull for him to doe And this he is ready to aver whereupon he prayes judgement whether the aforesaid I. ought to have his action aforesaid against him ANne Lady G. complaines of M. N. in the custody of the Marshall c. for that that is to say Action of the case for scandalizing of a title whereas the same Lady A. such a day and yeare and long before and continually after hitherto was seized in demesne as of Fee of and in the Mannor of S. with the appurtenances in the County of C. whereof a great peece of Land containing a hundred acres called the Warren is and time out of minde was parcell And whereas also the same Lady A.G. and all they whose estate she now hath of and in the Mannor aforesaid with the appurtenances from time out of minde were used to have a free Warren of Conies in the aforesaid hundred acres of Land called the Warren And the aforesaid Lady A. of the Mannor aforesaid and the aforesaid hundred Acres of Land called the Warren being seized as aforesaid had conference with divers persons of and for the sale of the Mannor aforesaid and Warren aforesaid with the appurtenances and thereupon might have had divers great summes of money for the Mannor and Warren aforesaid yet the same M. not ignorant of the premises plotting and contriving her the said Lady A. greatly to disturbe and vexe And to bring into scandall and ignominy the right title and interest of her the said Lady A. of and in the Mannor and Warren aforesaid with the appurtenances such a day yeare and place to very many of the faithfull subjects of our Lady the Queene and chiefly to I.P. Esquire who had conference with the same Lady A. of and for the purchasing of the Mannor and Warren aforesaid with the appurtenances and who then intended to buy the same Mannor and Warren with the appurtenances of the same Lady A. falsely and maliciously spoke pronounced and published that one R.G. then was the true Lord and Proprietor of the third part of the aforesaid hundred acres of Land and Warren aforesaid with the appurtenances And that she the Lady A.G. had no good right state title or interest in the same third part of one hundred Acres of Land and Warren aforesaid Whereas in truth the aforesaid R. G. then was not Lord or Proprietor of the aforesaid third part of the one hundred Acres of Land and Warren aforesaid nor of any parcell thereof but the same Lady A. was and yet is the true and sole Lady and Proprietor of the whole hundred Acres of Land and Warren aforesaid with the appurtenances and thereof sole seized in her demesne as of Fee By reason of which said false speaking asseveration and publication the aforesaid state title and interest of her the said Lady A. in the Mannor and Warren aforesaid with the appurtenances are fallen into great scandal and ignominy And the aforesaid I. P. who would have given for the Mannor and Warren aforesaid with the appurtenances to be purchased from the aforesaid Lady A. two thousand pounds and had offered to purchase the Mannor and Warren aforesaid of the same Lady A. hath thereupon now refused to give any manner of summe for the same to her the said Lady A. and as yet refuseth nor by that meanes can the same Lady A. the same Mannor and Warren aforesaid with the appurtenances nor any parcell thereof be able to sell to any person for
paid to her the said A. when he the said I.F. should be thereunto required to be safely and securely kept for her the said A. by him the said R. and to her the said A. when he should be thereunto required yet the aforesaid R. at London in the Parish and Warde aforesaid such a day and yeare then next following the writing obligatory aforesaid delivered to him the said R. by her the said A. to be safely kept and redelivered as aforesaid he the said R did maliciously break teare and cancell to the damage of her the said A. 40 l. And thereupon she brings her Suit c. H. R. complaines of R.C. Inn-keeper of a common Inne Against an Inn-keeper for a Horse lost called the Signe of the George in S. in the custody of the Marshall c. For that that is to say whereas according to the Law and Custome of the Realm of our Lady the Queen that now is of England Inn-keepers who hold and keep Common Innes to lodge and entertaine Men travelling by those parts where such like Innes are and lodgings in them are bound to keep both by day and night their goods being within those Jnnes without any diminution or losse So that by default of these Inne-keepers or their Servants no damage should happen or come to their Guests by any means And whereas the aforesaid R. before the 20th day of F. such a yeare c. And the same 20th day c. held and kept the Common Inne aforesaid called the Signe of the George in S. aforesaid in the County aforesaid And him the said H. in the same Inne as his Guests then and there entertained And the same H. R. then and there one Gelding of a Flea-bitten colour of the price of 8. l. he brought into the Inne aforesaid with him which said Gelding the aforesaid R. in his custody then and there received and had yet certaine Malefactors unknown to him the said H. afterwards to wit the aforesaid 20th day of F. in the eighth yeare aforesaid A. S. aforesaid the Gelding aforesaid being under the custody of the aforesaid R. B. in the aforesaid Inne then and there found for want good keeping of the said R. B. and his Servants they took and led away against the law and custome aforesaid Whereupon the same H. saies that he is worsted and hath damage to the value of 20. l. And thereupon he brings his Suit c. Case against an Execution upon the promise of the testator to pay money at severall dayes where they alledge assetts Hil. 37. Eliz. Roll 935. ISraell Owen complaines of Sara de Bohault Executrix c. of John de Bohault a Forrain Merchant lately her Husband deceased in the custody of the Marshall c. for that that is to say whereas the aforesayd Israell such a day and yeare at London in the parish c. had held and delivered to the aforesaid John Bohault in his life time to the proper use and behoof of him the said John 54 Chests of powdered Sugar to the value of 543. l. 6. s. and 11. d. The same John in his life time in consideration thereof afterwards to wit the day yeare and place aforesaid assumed upon himselfe and to him the said Israell then and there faithfully promised that he the said John 543. l. 6 s. and 11 d. of lawfull mony of England to the aforesaid Israell in manner and form following would wel and faithfully Content and pay that is to say upon the 17th day of September in the 35th yeare of our Lady the Queen that now is aforesaid then next following the one halfe of the sayd summe of 543. l. 6. s. and 11. d. being 271. l. 13. s. 5. d. ob parcell of the aforesaid 543. l. 6 s. and 11. d. And upon the 17th day of December from thence next following the other halfe of the said summe of 543. l. 6 s. and 11. d. being the residue And afterwards to wit the 6th day of August in the 35th yeare of the Reign of our Lady Elizabeth aforesaid at London in the Parish and Ward aforesaid the aforesaid John de B. made his last Will and Testament in writing And by the same constituted the aforesaid Sara his Executrix thereof And afterwards there dyed yet the aforesaid Sara the promise and assumption of the aforesayd I. de B. so as aforesaid made little weighing but plotting and fraudulently intending him the said Israell of the aforesayd 271. l. 13 s. and 5. d. ob parcell of the aforesaid 543. l. 6 and 11. d. upon the aforesayd 17th day of September in manner as is aforesayd to be paid craftily and subtilly to deceive and defraud the same 271. l. 13 s. and 5. d. ob after his the said John de B. death in the aforesaid 17th day of September in the 35. yeare aforesaid to the aforesaid Israell according to the promise and assumption of the aforesaid John de B. in his life time in manner and form aforesaid made she hath not payd although to do that the same Sara afterwards to wit the 18th day of September in the 35th yeare aforesaid at London in the Parish c. by the aforesaid Israell she hath been thereunto required And although also sufficient Goods and Chattells which were the aforesaid Iohn de Bohaultâ— at the time of his death as well to pay to him the said Israell the aforesaid 271. l. 13. s. 5. d. ob as all other debts Funerall Expences and Legacies of the aforesaid Iohn de Bohault to the hands and possession of the aforesaid Sara after the death of him the said Iohn de Bohault at London c. in the Parish c. came and as yet in her hands remaine unadministred By which the same Israell in his credit towards divers the subjects of our Lady the Queen aforesaid and chiefly to c. is much hurt and made worse whereupon he saith that he is dampnified and hath damage to the value of 466. l. And thereupon he brings his Suit c. To this the Defendant pleads a speciall plene administravit That the Testator was indebted to another in the summe of 2500 l. by Obligation who commenced Suit against her and had a Recovery in the Town Court of New Windsor And that she had not Goods over and above c. and this pleaded at large with an averment that she as Executrix is the same Person against whom that recovery was had and not other and diverse And that Iohn de Bohault in the Record aforesayd named and the aforesaid I. de B. in the Declaration aforesaid named one and the same Person and not other and diverse c. To this the Plaintiff replies and acknowledges it to be true that there was such an obligation and such a Recoverie but pleads that that Recovery was had by fraud c. The Defendant maintaines his plea and traverses the fraud and upon the traverse the plaintiff takes issue and had a
E. who prosecutes for our Lord the King in that behalfe for the same Lord the King sayes that Whereas in the Statute in the Parliament of our Lord King Henry the 6th late King of England held at Westminster in the 23th yeare of his Raign amongst other things it is ordained and established that no Sherife undersherife Baylife of any Liberty or franchise or any other Baylife by occasion or colour of his Office should take any other thing by them c. and so recite the Statute And that all Sherifes under-Sherifes Bayliffs of liberties or other Bayliffes or any other Officers or Ministers who should do contrary to the Ordinance aforesaid or any the Articles in the same should loose to the party grieved in that behalfe his damages to the trouble and should forfeit the summe of fortie pound each Sherife wherein he or any of them should do contrary to the Ordinance aforesaid Whereof the Lord the King was to have one Moyetie to the use of his houshold and no other wayes and to him who in that behalfe will prosecute another moyetie thereof as in the same Statute more fully is contained yet the aforesaid Defendant little weighing the aforesaid Statute such a day and yeare then being under-Sherife of the County aforesaid at such a place by colour of his Office aforesaid took Extortiously of one I. D. by the hands of one R. W. for the making and returning of a certaine pannell upon a Writ of Venire facias at the Suit of the aforesaid I. D. against R. H. and others in the same Writ contained in a Plea of trespasse prosecuted thirteen shillings and foure pence against the forme and effect of the Statute aforesaid by which the Action accrued to the said Lord the King to require and have of the aforesaid Defendant the aforesaid forty pound yet the aforesaid Defendant allthough often required c. the aforesaid forty pounds to the said Lord the King he hath not as yet rendered it but the same to him hitherto to render he hath denyed and as yet doth denie Whereupon c. The Defendant pleads that he took not against the form of the Statute AND the aforesaid Defendant by W.C. his Attorney comes c. and sayes our aforesaid Lord the King him the said Defendant by occasion of the premises in an thing to impeach or trouble ought not because he saith that he took not of the aforesaid I. D. the aforesaid thirteen shillings and foure pence against the forme of the Statute aforesaid as the aforesaid I. C. for our Lord the King aforesaid above hath alleaged And of this he puts himselfe upon the Countrey And the aforesaid I. which c. for our Lord the King in like manner c. Therefore c. VVITHERNAM WIlts ss Command was to the Sheriffe as it was often commanded him Entries of a Plure Replegiare that instantly and without delay he should cause to be replevyed to R. D. his cattell which E.P. I. D.W.S. and W. W. took and unjustly detained or that he should be before our Lady the Queen in eight dayes of Saint Hillary last past wheresoever The Sherife returnes the cattell were so farre off remved c. c. to shew wherefore the command of our Lady the Queen so oftentimes thereupon to him directed he had contemned and the same Sherife to her the said Lady the Queen at that day returned that the Cattell aforesaid were removed afarr off to a place unknown unto him by the aforesaid E.P. others so that he could not have the view of them Therefore command was to the same Sherife The entrie of a Withernam and Pone that of the cattell of the aforesaid E P. and others in his Bailywick he should take in Withernam and the same to the aforesaid R.D. he should cause to be delivered to be held to him untill the aforesaid E. and others would deliver the cattell aforesaid and in what manner he should have executed the same precept he should make known to our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. The returne of the Writ Command was also to the same Sherife that if the aforesaid R.D. should make him secure of prosecuting his Complaint as also of returning the cattell aforesaid if the returne thereupon should be adjudged then he should put by sure and safe pledges the aforesaid E.P. and others that they should be before our Lady the Queen at the aforesaid Term to answer the aforesaid R. D. of the taking and detaining of the cattell aforesaid At which day before our Lady the Queen at Westminster came the aforesaid R. D. by M. Moseley his Attorney And the Sherife returned that the aforesaid R. D. had made him the said Sherife secure of prosecuting his Complaint aforesaid and of the returne of the cattell aforesaid if the returne hereupon should be adjudged and that the aforesaid E.P. is attached by Pledges of W.P. and G.G. as also that the aforesaid I.T. W.S. and W.W. hath nothing within his Baily-wick whereby they can be attached The same Sherife also returnes that he the 24th of March in the one and twentieth year of the Raign of our Lady E. now Quen of England took in Withernam two horses whereof one is of Colour white and the oâ—her very gray and three Maâ—â—s whereof one is of a bay Colour another of a Gray colour and another of a daple Gray and eighteen Sheep of the Cattell of the aforesaid E.F. and others and the same to the aforesaid R. D. he hath caused to be delivered to be held unto him untill the said E. and others the cattell aforesaid formerly taken they will deliver as it was commanded unto him and the aforesaid E. P. and others the fourth day of the plea being solemnly called by R. Best their Attorney in like manner came upon which the aforesaid D. declaring aganst the aforesaid E. P. and others complaines that they such a day and yeare at Lockeridge in the Parish of Fifeeld in the County aforesaid in a certaine place there called the Common Field took the cattell of him the said Robert that is to say six Geldings of the price of 24. l. and them unjustly detained against Sureties and Pledges c. Whereupon he saith he is worsted and hath damage to the value of forty pounds And thereupon he brings his Suit c. Judgement for the Plaintiff in a Replevin upon a Demurrer in Law Easter 30. Eliz Rot. 196. THE Plaintiff declares and the Defendant pleads in acknowledgment c. and the Plaintiff pleads in Bar and the Defendants rejoines to the Bar and thereupon the Plaintiff demurs in Law and they join in Demurrer and Judgment was had for the Plaintiff as followes Because as yet c. at which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid Vpon which all and singular the premises being seen
An exact Collection of choice DECLARATIONS WITH Pleas Replications Rejoynders Demurrers Assignement of Errours AND THE ENTRIES OF JUDGments thereupon affirmed Collected by VV. S. one of the Clerks of the Vpper Bench Office In the Reignes of Queene ELIZABETH King JAMES and the late King CHARLES DILIGENTLY PERUSED AND TRANslated into English for the benefit and helpe of young Clerkes With an exact TABLE wherein may be found the Principall matters contained in the whole Book LONDON Printed by T. W. and T. R. for John Place and are to be sold at his Shop at Furnivalls Inne Gate in Holborne 1653. TO THE READER Courteous Reader I Know that this painefull Worke by the Authors own hand was diligently composed not imagining that these ensuing Presidents collected for his private use should ever have worn an English Garment or be seen without a Court-Character but being very aged and knowing that the Ports and safe Harbors of good Declarations Pleadings Replications Rejoynders Sur-rejoynders Demurrers Assigning of Errours with divers other matters incident appertinent to an Vpper Bench Clerk an Index whereof in this little of great you may finde and more particularly knowing with what ardency and fervour of affection the Author by these his practical observations for wel nigh 60 years past have by his cautious Marginal Notes in this Book comprised prevented the many irrevocable downefals of Causes that young Clerks to their owne dishonour and the ruine sometimes of their Clyents for want of good and learned Presidents have suffered a miserable shipwrack and for that the Author during all the time aforesaid have had and as yet hath the favourable aspect of the Judges in the upper Bench and the approbation of the lest Clerks in the said Court now living and is reputed for a good Just learned and painfull Attorney and that in his old age he might live in his Works and be some help and furtherance to young Clerks who intend to be Attorneys and declare themselves in English as they are and shall be obliged by the late Act of Parliament and the Supream Authority of this Nation he doth lovingly admonish them to make use of these if they cannot frame better which I think impossible I am confident the Author if God permit will recollect some other scattered Papers which have layn a long time in darknesse but will without doubt when they come forth illuminate their Judgements and abolish some Errors which are daily committed for want of well declaring and pleading Some ancient Clerkes may be offended but I care not Non nobis solum nati sumus c. The few Vitia Scriptor ' in the Author are amended what oversights or neglects you may impose upon the Printers you shall have thankes to amend which is all that I expect and more then the Collector of these Presidents hath yet had And so I conclude in the words of a grave Lawyer Nihil aliud in his reportare cupio quam ut eruditior quispiam istis provocatus doctiora scriberet promulgetque Farewell J. W. ACTIONS OF ABATEMENT ABATEMENT AND the aforesaid I. T. and I. D. by R. D. their Attorney come and defend the force and injury The Defendants plead in Abatement to the Writ that the Plaintif and another Stranger are Tenants in Common and the other not named in the Writ when c. and pray Judgement of the Writ aforesaid because they say that the aforesaid T. G. the aforesaid fourteenth day of August whereon as is supposed the Entrie aforesaid to be made had nothing in the Mannor aforesaid with the appurtenances unlesse in common and undivided with â—ne W. C. Esquire which said W. as yet is alive and remains in perfect Health and is not named in the Writ aforesaid And this they are ready to averre whereupon they pray Judgement of this Writ AND the aforesaid T. G. saith that his Writ aforesaid The Defendant pleads the sole seisin in himself and traverses c. for the reason prealleged ought not to be abated because he saith that long before the aforesaid fourteenth day of August wherein the Entrie aforesaid was made one I. G. Father of him the said T. whose Heir he is was seized of the Mannor aforesaid with the appurtenances in his Demesn as of Fee and so being thereof seized of such his Estate died seized After whose death the Mannor aforesaid with the appurtenances did descend to him the said T. G. as to the Son and Heir of him the said I. G. by vertue whereof the same T. into that Mannor with the appurtenances after the death of the aforesaid I. G. as Son and Heir of the aforesaid I. did Enter and was thereof sole seized in his Demesn as of Fee at the time of the Entrie aforesaid made and afterwards Without that that the same T. G. the same fourteenth day of August Traverse the Tenute in Common held the Mannor aforesaid in common and undivided with W. C. aforesaid in the form wherein the aforesaid I. and I. above have alleged And this c. whereupon he prayes Judgement whether his Writ aforesaid for the reason before alleged ought to be abated c. Issue upon the Traverse And the aforesaid I. and I. say that the aforesaid T. G. the aforesaid fourteenth day of August held the Mannor aforesaid with the appurtenances in common and undivided with the aforesaid W. C. in the form wherein the same I. and I. have above alleged And of this they put themselves upon the Country And the aforesaid T. G. in like manner c. Misnomer of the Town wherein the Entrie and Trespass is supposed to be Committed pleaded in Abatement AND the aforesaid I.F.I.W. and I.P. by W.F. their Attorney come and defend the force and injury when c. And all contempt and whatsoever c. And pray Judgement of the Originall Writ of the Plaint aforesaid Because whereas the aforesaid T. L. by the same Writ supposeth that the aforesaid I.F. I.W. and I.P. into the Mannors aforesaid with the appurtenances in F. O. and other Villages as in the Writ c. were entred The same I. F. I.VV. and I. P. say that within the County of N. aforesaid there is not had nor at the time of the obtaining the aforesaid Writ was there had any Town any Hamlet or place known out of any Town and any Hamlet known or called by the name of Odnoggo And this c. Whereupon they pray Judgement of that Writ c. The Plaintif replies that there is no Misnomer and thereupon takes issue And the aforesaid I.VV. sayes that his Writ aforesaid for the Reason prealleged ought not to abate because he sayes that at the aforesaid time of the obteining of the Originall Writ of the Plaint aforesaid to wit the twelfth day of in the twenty fourth year of the Reign of our Lord the King that now is within the City aforesaid was had and as yet is had a certain Town known and
called by the name of Ognoggo as by the VVrit aforesaid is supposed And this he prayes may be Enquired of by the Countrey And the aforesaid Defendants in like manner c. Therefore Command is given unto the Sheriff of N. that he cause to come before our Lord the King such a day wheresoever c. twenty four aswell Knights c. of the body of the County of N. by whom c. And who neither c. Misnomer of the Addition pleaded in Abatement ANd the foresaid VV. P. in his proper person comes and defends the force and injury when c. And all contenpt and whatsoever c. And sayes that be at the time of the obtaining of the Originall VVrit of the Plaint aforesaid was of the Societie of Clements Inne in the Parish of St. Clements Danes without the Barres a Member of the middle Temple London which said Societie is and at the time of the obtaining of the same VVrit and long before was a certain Societie of Men Expert in the Temporall Lawes Traverse and practising the same as also of Counsellours of the same Law VVithout that that the same VV. at the time of the obtaining the same Writ was VV.P. of London Mercer or by that name known or called as by the same Writ is supposed and this c. VVhereupon he prayes Judgement of that VVrit c. And the aforesaid I. sayes that his VVrit aforesaid Issue upon the Traverse for the reason aforesaid ought not to abate because he saith that the aforesaid VV. at the time of the obtaining the same VVrit to wit the sixteenth day of June in the eighteenth year of our Lord the King was W. P. of London Mercer and by that name known and called as by the same Writ is supposed And this he prayes may be inquired of by the Countrey And the aforesaid W. in like manner c. ss WIlliam Pole of London Smith Misnomer in the Surname pleaded in Abatement was Attached to answer I. W. of a Plea of Trespass And the same person which by the name of W. P. of London Smith by the Sheriffs of London is taken and by the same Sheriffs brought to the Bar in his proper person comes and sayes that he at the time of the obtaining of the Originall Writ of the Plaint aforesaid and alwayes afterwards was known and called by the name of William Cuason of London Smith Without that that he at the obtaining of the same Writ Traverse or ever afterwards was known or called by the name of W. P. of London Smith as by the same Writ is supposed And this c. whereupon he prayes Judgement of that Writ c. AND the aforesaid I. C. sayes The Plaintif replies that he is known and called aswell by the one as by the other that his Writ aforesaid for the reason c. ought not to abate because he saith that at the time of the obtaining of the same Writ that is to say such a day and year the same W. was indifferently known and called aswell by the name of VV. P. of L. S. as by the name of VV. C. of L. S. And this c. VVhereupon he prayes Judgement whether his VVrit aforesaid ought to abate c. AND the aforesaid VV. sayes Issue upon the Misnomer that he as the time of the obtaining of the aforesaid VVrit and ever afterwards was known and called by the name of VV. Cursen of London Smith as he above hath alleged without that the same VV. at the same time or ever afterwards was indifferently known and called aswell by the name of VV. P. of L. Smith as by the name of VV. C. of London Smith And of this he puts himself upon the Country and the aforesaid Plaintif in like manner c. Therefore the Jury is to come out of the body of the County c. Note It is to be known if the party come freely out of Prison then the Entrie ought to be thus And thereupon he bring his Sute c. And VV. C. of London Smith in his proper person comes and sayes that he is the same person against whom by the name of W. P. of L. Smith the aforesaid I. brought his Originall VVrit aforesaid And defends the force and injury when c. and sayes that he c. as before c. And the aforesaid I.C. sayes that it is well and true that the same person which now appears by the name of VV.C. of London Smith is the same person against whom the same I.C. by the name of W. P. of London Smith brought his VVrit aforesaid And sayes further that his same VVrit for the reason prealleged ought not to abate because he sayes as before c. Note Note where the partie comes in by Cepi Corpus there the Entrie must be made as before in the other Plea aforesaid c. ACTIONS OF APPEAL APPEAL ss IOan Govor of c. John Govor of Appeal of Robbery against the Principals and Abettors Trin. 24. Hen. 6. Roll. the 25. c. Richard Hopkins of c. Thomas Ireland of c. and William Quick of c. were attached by their bodies c. to answer Thomas Berd together with William Podie of c. and others of a Robbery and breach of the Peace of our Lord the King that now is whereof they are Appealed And there are Pledges c. to will c. And whereupon the same Thomas Berd in his proper person instantly Appeales the aforesaid Joan and others for that where as the aforesaid Thomas Berd was in the peace of God and of our Lord the King that now is at Huish neer Highbrig on Wednesday next after the Feast of the Invention of the holy Cross in the 24. year of the Reign of our Lord the King that now is about the hour of ten before noon of the same day where came aswell the aforesaid Joan and others who now appear as the aforesaid William Podie Some of the Defendants appear and others do not appear c. who now appear not whom the aforesaid Thomas Berd of the Robbery aforesaid might appeal if they were present to be Felon and Felons of our Lord the King that now is lying in wait and premeditating the assault against the peace of our Lord the King that now is his Crown and dignities the day year hour place and County of Somerset aforesaid And the aforesaid Thomas Ireland and others the aforesaid Thomas Berd of forty Sheep eight pair of Sheets and other Goods c. of the Goods and Chattels of the aforesaid Thomas Berd then and there found feloniously did rob take and carry away And the aforesaid Joan and others then and there were present comforting and helping the aforesaid Thomas Ireland and others to make the aforesaid felony in form aforesaid And so soon as they the said Felons the Felonie and Robbery aforesaid in form aforesaid had
done they fled And the same Thomas Berd them speedily followed from Town to Town unto the four next adjoyning Villages And with or untill c. And if the same Felons who now appear the Felonie aforesaid of the Robbery aforesaid upon them above put will denie the same Thomas Berd is here ready to prove this against them as the Court c. And the aforesaid Joan and some of the Defendants in their proper persons came and defended the force and injury when and all Felony and whatsoever c. Not guilty for some of the Defendants And say that they are not guilty And of this they put themselves c. And the aforesaid Thomas Berd in like manner c. Therefore the Jury thereupon is to come before our Lord the King in eight dayes of the Purification of the blessed Virgin Mary And who neither c. to Recognize c. Because aswell c. The same day is given to the parties now appearing And upon this the same Joan Bayl for some of the Defendants and Thomas Ireland and others are delivered over in Bayl unto Iohn Methole of c. and three other Manucaptors c. before our Lord the King at the aforesaid Town c. At which day before Default after Issue by one c. the aforesaid Thomas Berd solemnly called to appear came not And the aforesaid Iohn Govor and others in their proper persons came And the aforesaid Ioan Govor and Thomas Ireland although solemnly called the fourth day of the Plea came not upon which the aforesaid Iohn Methole one of the Pledges of the aforesaid Thomas Ireland in his proper person came And said that the same Thomas Ireland is dead One of the Defendants dead and dyed at Huish neer Highbrigs in the said County of Somerset long before the said eight dayes of the Purification c. to wit such a day and this he is ready to avow whereupon he presumeth our Lord the King him upon the aforesaid occasion would acquit c. And upon this for that that it is sufficiently here in Court by credible men of the aforesaid Country testified that the aforesaid Thomas Ireland is dead and dyed in the form which is by the aforesaid Iohn Methole above alleged Cease of Process as to one and his Bayl by death Exigent against one who makes default after Issue which Thomas Croswell who prosecutes for our Lord the King on that behalf denyeth not It is considered that the process against the aforesaid Thomas Ireland and his pledges aforesaid on that behalf should cease c. And that the Manucaptors of the aforesaid Ioan Govor be taken c. And command is given to the Sheriff that he cause to be required the aforesaid Ioan from County to County untill c. she be wayved if not c. And if c. then he take her and her safely c. So that he have her body before our Lord the King from the day of Easter in one month wheresoever c. And upon this for that the aforesaid Thomas Berd the appeal aforesaid against the aforesaid Iohn Govor and others in form aforesaid prosecuteth not Judgement against the Plaintiff by default It is considered that the same Thomas Berd be taken c. And his pledges aforesaid of prosecuting be in mony c. And that the aforesaid Iohn Glovor of c. and others who above appeared as to the Sute of the aforesaid Thomas Berd go without day c. But as to the satisfying of our Lord the King being instantly spoken to in what manner of the premises upon them above put they would acquit themselves they say severally they are not guilty c. Not guilty as to the King And thereof of good or ill severally put themselves upon the Country Therefore the Jury thereupon is to come before our Lord the King in eight dayes of St. Hillary wheresoever c. And who neither c. to Recognize c. because aswell c. The same day is given to the parties aforesaid c. Bayl for those that are acquit by default And upon this the aforesaid Iohn Govor and others are delivered unto Bayl unto William Trigo and three other Manucaptors untill the aforesaid Term c. And so from day to day untill c. At which day before our Lord the King at Westminster came the aforesaid Iohn Govor Venirefacias and others in their proper persons and the Sheriff returns the names of 24. Jurors whereof none c. Distringas Jur ' Therefore command is given to the Sheriff that he should not omit c. but destroy c. by all the Lands And that of the issues c. And that he have the bodies of them before our Lord the King from the day of Easter in fifteen dayes wheresoever Ni. pri c. or before the beloved and faithfull of our Lord the King R. N. Knight chief Justice of our Lord the King of his Bench if before on Thursday next after c. at c. by form of the Statute c. come to make the Jury aforesaid c. The same day is given to the aforesaid Iohn Govor and others c. Continuance of the Jurat ' And the Process thereupon continued by the Jury thereupon put It is put in respite before our Lord the King untill from the day c. Unless the Iustices of our Lord the King at the Assizes c. first such a day c. at c. by the form of the Statute c. comes for default of Jurors c. At which said fifteen dayes from the day of Easter before our Lord the King at Westminster came the aforesaid Iohn Govor and others c. in their proper persons And the aforesaid Iustices at the Assizes c. before whom c. sent the Record c. in those words afterwards the day and place within conteined before c. came the aforesaid Iohn Govor c. in their proper persons and the Iurors c. being called in like manner came And upon this Proclamation being made as the manner as if any for the Lord the King could enform the Jurors of the Jury whereof within is made mention of the within-contained he should come and he should be heard But none appeared to do this Whereupon it was proceeded into the taking of the Jury aforesaid by the oath of the twelve who to speak to the truth of the within-contained being chosen Verdict for the Defendants tryed and sworn say upon their oaths that the aforesaid Iohn Govor and others c. are in nothing guilty of the Robbery of the within written Thomas Berd as the aforesaid Iohn Govor c. within by pleading have alleged nor upon that occasion ever withdrew themselves nor any of them ever withdrew himself and they Assess the Damages of each the aforesaid Iohn Govor c. having respect aswell to the Imprisonment
Tenements aforesaid and their names in the Writ and that you have then there the names of those Reviewers and this Writ Witness c. The return of the same Writ remains in a certain panell to this Writ annexed the answer of L. H. and R. W. Sheriffs The Return of the Writ of Habeas Corpus Jur ' The names of the Reviewers c. and then the names of the Reviewers in the Panell c. and then thus each of the Reviewers aforesaid severally by himself is attached by I. D. and R. R. Note for a Rule Generall that the Inrolment of the Writ of Habeas Corpus ought alwaies to be in the Roll of Pleas and not elsewhere and ought to be enrolled as in the Plea following ss THe Assize came to be Revised whether G. Houghton Middlesex A Declaration in Assize of novell disseisin upon the originall Writ aforesaid March 19. Hen. 7. Roll. 69. One of the Defendants sayes that the Father of his Wife was seised of the Tenements in view put in Fee and dyed and the Defendant entred in right of his Wife and had issue and the Wife dyed and as Tenant by the Law of England hold himself in c. W. H. and R. A. unjustly c. have disseised I. R. and H. L. of their Freehold in H. after the first c. And whereupon the same I. and H. by G. C. their Attorney complain that they have disseised them of one Messuage and 18. Acres of Land with the appurtenances c. and the aforesaid G. H. by T. L. his Attorney comes and answers as Tenant of the Tenants aforesaid and sayes that the Assize thereupon between him and the aforesaid I. H. ought not to be had Because he saith that one W. B. was seised of the Tenements aforesaid with the appurtenances put in view of the revisement of the Assize aforesaid and in the Plaint aforesaid specified in his Demesn as of Fee and he being thereof seized dyed of such his estate thereof seized after whose death the Tenements aforesaid did discover to one I. the Wife of the aforesaid G. as to the Daughter and Heir of the aforesaid W. B. by which the same G. and I. in right of her the said I. as Daughter and Heir of the aforesaid W. into the Tenements aforesaid with the appurtenances did enter and were thereof seized in their Demesn as of Fee in right of her the said I. And they being so thereof seized the aforesaid G. and I. had issue between them one W. H. and afterwards the aforesaid I. L. in the Parish of St. B. in the Ward of A. London dyed and the aforesaid G. over-lived her and held himself in the aforesaid Tenements with the appurtenances and was thereof seized in his Demesn as of Freehold as holding thereof by the Law of the Land of this Kingdom of England And that the aforesaid I. R and H. clayming the Tenements aforesaid with the appurtenances by colour of a certain deed of Demise to them thereupon made for term of their life by the aforesaid W. B. in his life time Whereas nothing of the Tenements aforesaid with the appurtenances into the possession of them the said I. and H. by that Deed ever passed into the Tenements aforesaid entred upon whose said I. and H. their possession thereupon one D. D. in the same Tenements with the appurtenances entred upon whose said D. D. his possession thereupon the aforesaid G. in the same Tenements with the appurtenances did reenter as it was lawfull for him to doe and this c. Whereupon he demands judgement whether the aforesaid I. and H. the Assize aforesaid thereupon against him ought to maintain c. The other Defendants say they made no disseâ—sin And the aforesaid W. H. and R. A. in their proper persons say that they have done no injury nor dissesin to the aforesaid I. R. and H. of the Tenements aforesaid And of this they put themselves upon the Assize And the aforesaid I. R. and H. in like manner Therefore the Assize is to be taken thereupon between them c. The Plantiff says that one was seised of the Tenements and Enfeoffed the Plaintiffs to hold for ever and traverses the dying feised of the Father of the Defendants Wife The Traverse And the aforesaid I. R. and H. say that they by any thing by the aforesaid G. prealleged ought not to be debarred from having the Assize aforesaid against him because they say that one R. A. was seized of the Tenements aforesaid in view c. and in the Plaint c. specified in his Demesn as of Fee And being so thereof seized did Enfee of them the said I. R. and H. To have and to hold to them and their Heirs for ever By vertue of which said Feoffment they the said I. and H. were thereof seized in their Demesn as of Fee untill they the said I. W. and R. A. in the Writ named them the said I.R. and H. of those Tenements aforesaid with the appurtenances unjustly c. they disseised Without that that the aforesaid W. B. dyed seized in his Demesn as of Fee of the aforesaid Tenements put in view of the revisement of the Assize aforesaid in the Plaint above specified as the aforesaid G. hath above by pleading alleged And this c. Whereupon he prayes judgment and that the Assize aforesaid may be proceeded in to the taking thereof between them c. Issue taken upon the traverse And the aforesaid G. as formerly saith that the aforesaid W. B. dyed seised in his Demesn as of Fee of the aforesaid Tenements with the appurtenances as he above by pleading hath alleged and of this he puts himself upon the Assize The Assize remains to be taken for want of Reviewers and the aforesaid I. R. and H. in like manner c. Therefore the Assize is to be taken between them c. And the Reviews of the Assize aforesaid being called some of them came and the Assize aforesaid remains to be taken before the Lord the King at Westminster untill Thursday next after the morrow of St. Martyn for want of Reviews c. Therefore the Sheriff is to have them there the bodies of the Reviewers c. And in the mean time c. So that c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at VVestminster came as well the aforesaid I.R. and H. as the aforesaid G. by their Attorneys aforesaid and the aforesaid VV. H. and R. A. in their proper persons in like manner came and the Reviewers of the Assize aforesaid being called in like manner came who to speak to the truth of the premises being chosen Verdict in Assize for the Plaintiff tryed and sworn say upon their oaths that the aforesaid R. B. dyed not seised of the Tenements aforesaid with the appurtenances as the aforesaid I. R. and H. above by pleading
he in form by them the said William Skippon Iohn Green William Waters and Iohn Hitch had and procured the same Nicholas for making his purgation in that behalf according to the Law and cuâ—â—om of this Râ—alm of England being asked then to wit at the Gaol delivery aforesaid whether he were guilty of the Felony aforesaid whereof in form aforesaid he was endicted or no and thereupon he had sayd that he was not thereof guilty and of this had then put himself upon the Country as by the Record thereupon before the Justices remaining it is fully manifest and appears the aforesaid William Skippon John Green William Waters and Iohn Hitch by Conspiracie between them at Fakenham aforesaid in form aforesaid came before the aforesaid Justices at the Assizes aforesaid and to prove him the said Nicholas guilty of the Felony aforesaid before the same justices gave in evidence upon their oath to the Jury at the Assizes aforesaid impanelled charged and sworn to enquire of the good and ill That the same Nicholas the aforesaid Mary in form aforesaid had killed and murdered according to the form effect of the Endictment aforesaid by them in form aforesaid procured which said Jury more fully understanding the truth and the Conspiracie aforesaid as is aforesaid afore had then to wit at the Assizes aforesaid said upon their oath that he the said Nicholas was not guilty of the Felony aforesaid in manner and form as the same Nicholas was endicted and he the same Nicholas then before the Justices aforesaid at the Gaol delivery aforesaid according to the Law and custom of this Reaâ—m of England was acquitted By vertue of which said Conspiracie Endictment taking giving in evidence and detension in the Prison aforesaid of him the said Nicholas by them the said William Skippon Iohn Green William Waters and Iohn Hitch in form aforesaid had and procured the same Nicholas not only in great scandall and infamy as also in danger of his life and also of the loss of all his Goods and Chattels Lands and Tenements he was fallen and elapsed unto But also divers great sums of mony for the making of himself clear in that behalf was constrained and compelled to the Damage of him the said Nicholas two hundred pound c. Lincoln Declaration in Conspiracie brought by one who was Endicted together with others c. before the Justices of the Peace and afterwards acquit by the Justices of Assizes March 14. Hen. 6. Roâ— 6. ss T. G. lately of R. in the County aforesaid Gentleman I. P. of S. in the County aforesaid Husbandman and A.B. of the same in the County aforesaid Husbandman were attached to answer A. P. lately of S. in the County aforesaid Gentleman Wherefore by Conspiracie forehad between them the aforesaid A. P. together with E. P. lately of S. in the County aforesaid Gentleman I. G. of the same in the County aforesaid Yeoman T.C. of the same in the same County Yeoman T.S. of S. in the same County Husbandman A. H. of S. in the County aforesaid Husbandman and G.P. of B. in the County aforesaid Husbandman for that he such a day and year by force and Arms that is to say with Swords Staves and Knives and other â—urtfuâ—l weapons at S. aforesaid in the County aforesaid the Close and House of R. B. did break and enter and one Cart load of Hay of the price of six shillings and eight pence of the Goods and Chattels of him the said R. B. then and there found riotously took and carried away against the Peace of our Lord the King aforesaid at C. aforesaid to be Indicted and him the said A. upon that occasion to be taken and in the Priâ—on of the Marshalsee of our Lord the King in the Court of him the said Lord the King before him the said King held untill the same A. before Humphry Coningsbie Knight and Iohn Carrill Justices of our Lord the King at the Assizes in the County aforesaid assigned to be taken on Friday the Feast of St. Anne last past at the Castle of Lincoln in the County aforesaid according to the Law and custom of the Realm of our Lord the King of England he was thereof acquitted to be deteined falsly and maliciously at C. aforesaid they did procure to the great damage of him the said A. and against the form of the provision in that case provided And whereupon the same A. by VV. V. his Attorney complains that the aforesaid T.G. I.P. and R.B. by Conspiracie forehad between them at C. aforesaid in the County of Lincoln aforesaid on Tuesday next before such a Feast such a year aforesaid the aforesaid A. together with E. P. lately of S. in the County aforesaid Gent. and the rest as before for that he the seventh day of October in the tenth year of the Reign of our Lord the King aforesaid with force and arms that is to say Swords Staves and Knives and other most hurtfull weapons at S. aforesaid in the County aforesaid the Close and House of R. B. did break and Enter And one Cart-load of Hay to the value of six shillings and eight pence of the 〈◊〉 and chattells of him the said R. B. then and there found rioâ—â—â—â— he took and carried away against the Peace of our said Lord the â—â—ng at C. aforesaid on Tuesday next before such a feast such a year aforesaid before W. Tirwhit R. Terwhit and W. H. Knights and their Companions Justices of our Lord the King for the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the parts of Lindsey in the County aforesaid committed to be Indicted and him the said A. upon that occasion on Wednesday next after Fifteen dayes of Easter in such a year at VVestminster in the County of Middlesex to be taken and in the Prison of the Marshall of our Lord the King in the Court of him the said Lord the King before him the said King had untill the same A. before H.C. and I.C. Justices of our Lord the King at the Assizes in the said County of Lincoln assigned to be taken on Friday the Feast of St. Anne last past at the Castle of Lincoln in the County aforesaid according to the Law and Custom of the Realm of our Lord the King of England he was thereof acquitted to be deteined falsly and maliciously at C. aforesaid they procured against the form of the provision aforesaid Whereupon he saith that he is damnified One of the Defendants Iustifies as a Counsellour at Law and the other as Witnesses to testifie a Riot before the justices of the Peace which is the same Conspiracie whereof c. and hath damage to the value of forty pounds And thereupon he brings his Sute c. And the aforesaid T.G. I.P. and R. B. by I. L. their Attorney come and defend the force and injury when c. And all Conspiracie c. And say that the aforesaid A.
ought not to have his action against them c. because by protestation they say that the aforesaid A. was never taken and deteined in Prison of the Marshalsee of our Lord the King before him the said King by reason of the Indictment aforesaid in manner and form as he above hath declared yet for Plea they say that long before the Conspiracie aforesaid supposed to be made the aforesaid E.P. I.G. T.C. T.S. and A.H. the aforesaid seventh day of October in the tenth year of our Lord the King that now is aforesaid by force and arms that is to say with Swords Staves and Knives at S. aforesaid in the aforesaid County of Lincoln the Close and House of the aforesaid R. B. they did break and enter and one Cart-load of Hay to the value of six shillings eight pence of the goods and chattels of him the said R. B. then and there found they riotously took and carried away And for that that the aforesaid A. P. was there present at S. aforesaid at the said time of the Riot and Trespasse aforesaid committed And in like manner that the common voice and fame was that the Riot and Trespass aforesaid was done and committed by the Command of the aforesaid A. and the aforesaid R. B. after the Riot and Trespass aforesaid committed and before the Conspiracie aforesaid supposed to be made came to the aforesaid T. G. unto B. in the County aforesaid for that the same T. G. was learned in the Law of 〈◊〉 Land And to him the said T. G. reported the whole matter 〈◊〉 Riot and Trespass aforesaid And prayed Counsell of him the 〈◊〉 T. what in that matter was fit to be done And the foresaid T. G. then and there demanded of the aforesaid R. B. whether he had any testimony of the Riot and Trespass aforesaid And the same R. R. said that the aforesaid I. P. was present at the same time of the Riot and Trespass aforesaid committed and knows to testifie all the premisses said by the said R. B. to be true By reason whereof they the same T. G. I. P. and R. B. had suspition that the aforesaid A. was guiltie of the Riot and Trespass aforesaid Upon which the same T.G. I.P. and R. B. after and before the time of the Conspiracie aforesaid supposed to be made at C. aforesaid in the County aforesaid had conference together of the Riot and Trespass aforesaid in form aforesaid committed and what was further more fit to be done for the punishment and reformation of the aforesaid Riot and Trespass Upon which the aforesaid T. G. then and there Counselled the aforesaid R. B. and I. P. that they should be at C. aforesaid in the County aforesaid at the next Generall Sessions of the Peace there to be held to shew the Justices of the Peace of our Lord the King of the Riot and Trespass aforesaid to that intention that the same Justices at the same Sessions of the Peace may be able to make Enquirie of the same Riot and Trespass amongst other things By which they the same R. B. and I. P. on the said Tuesday next before c. at C. aforesaid before W. Tirwhit R. Tirwhit and W. H. Knights and other Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanors in the parts of Lindsey in the County aforesaid committed they came and to the same Justices then and there in full Court sitting they gave information of the Riot and Trespass aforesaid And to them a certain Bill conâ—eining the Riot and Trespass aforesaid by the aforesaid A.E. I.G. T.E. T.S. c. committed then and there did exhibite and deliver which said Bill the aforesaid Justices of the Peace there to certain persons of the same County then and there to enquire of the Riot and Trespass aforesaid amongst other things there sworn they did deliver thereupon to declare the truth of the premisses And further the same R. B. and I. P. say that they before the aforesaid Justices at their Command were sworn to declare true information and evidence to the aforesaid Jurie to the matter conteined in that Bill By vertue whereof they the said R. B. and J. P. to the same Jurie of the Riot and Trespass aforesaid gave Evidence Which said Conference of the aforesaid T.G. R.B. and I.P. of the premisses in form aforesaid and the exhibition of the aforesaid Bill to the aforesaid Justices of the Peace as also the information and declaration of the Evidence aforesaid to the aforesaid Jury in form aforesaid are the same Conspiracie whereof the aforesaid A. P. now complains of And this c. whereupon he prayes Judgement whether the aforesaid A. should have his action c. And the aforesaid A. sayes that he by any thing The Plaintif replies that they Conspired of their proper injurie without any such cause c. ought not to be debarred c. because he saith that they the said T.G. R.B. and I. P. the aforesaid time of the Conspiracie aforesaid made of their proper injurie and malice and without such cause by them the said T. G. R. B. and I. P. above by pleading alleged him the said A. together with the aforesaid E. P. I. â— T.C. T.S. A.H. and E. P. of the Riot and Trespass aforesaid to be indicted and him the said A. upon the occasion to be taken and in Prison aforesaid to be deteined falsly and maliciously they procured in manner and form as the aforesaid A. above against them complaineth And this he prayeth may be Enquired of by the Countrey And the aforesaid T.G. R.B. and I. P. in like manner c. Therefore c. N. L. lately of Trucleston in the County aforesaid Knight Declaration in a Writ of Conspiracie upon the Statute of 8. Her 6. where one of the Defendants approves upon the Distringas and the other upon the attachment Mich. 15. Hen. 7. Roll. 35. in mony for many defaults c. the same N. and R. A. lately of I. in the Parish of H. Yeoman and I.S. lately of A. in the County aforesaid Yeoman and I.H. lately of M. in the County aforesaid Taylor were attached to answer aswell our Lord the King as Y. M. lately called T. M. of Westminster in the County of Middlesex Spinster of a Plea wherefore whereas in the Statute in the Parliament of our Lord Henry the sixth late King of England at Westminster in the eighth year of his Reign hold It is Ordeined and established that every of the Liege people of our Lord the King of treason felony or Trespass by any Indictment or appeal before Justices of the Peace or any other having power to take the same Indictments or Appeals or any Commissioners or Justices in any County Libertie or Franchise of England to be taken Indicted or appelled dwelling in any County other than where the same Indictment or appeal was taken and afterwards
thereupon by Verdict should be duly acquitted should have his Writ and Action upon the Case against every procurer of such Indictment or appeal And that there be such Process in and upon the same Writ as of Trespass by force arms made And if such Procurer shall be convict in that behalf the Plaintif shall recover his Damages to the treble Provided alwayes that the said Ordinance extends not it self to an Indictment or Appeal taken or to be taken in the County of Chester as in the aforesaid Statute more fully is conteined The Indictment for breaking a House and Chest and taking away of goods Yet the aforesaid N. R. I. and R. at Winchester falsly and maliciously have procured the aforesaid T. for that he and T. L. lately of I. in the County aforesaid Labourer and others such a day and year by force and arms that is to say with Swords Staves Bowes and Arrows the House and Chest of R. A. at I. aforesaid they did break and enter and three Girdles Embroidered with Silk and Gold to the value of 40. shillings of the goods and chattels of the aforesaid R. A. then and there found feloniously they took and carried away against the peace of our said Lord the King before W. F. and I. H. and their Companions Justices of our said Lord the King of the peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanors in the aforesaid Countie of Southampton to be indicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of Middlesex dwelled and as yet dwells by which procurement the same T. so indicted by divers labours and Expences untill before the beloved and faithfull of our Lord the King T. Wood and I. Reed Justices of our Lord the King at the Assizes in the aforesaid County of Southampton assigned to be taken by the form of the Statute thereupon lately published and provided by Vertue of the Writ of our Lord the King of Nisi prius at Winton taken thereupon according to the Law and Custom of the Realm of our Lord the King of England was duly acquitted was grievously troubled and vexed in the Contempt of our said Lord the King that now is and his the said T. great damage and against the form of Statute aforesaid c. And whereupon the same T. who aswell c. by W. F. her Attorney complains that the aforesaid N. R. I. and I. the twelfth day of September such a year at Winton falsly and maliciously procured the aforesaid T. for that she and T. L. lately of H. in the County aforesaid Labourer and others the twenty sixth day of August in the second year of the Reign of our Lord the King that now is with force and arms that is to say with Swords c. the House and Chest of R. A. at I. aforesaid they did break and Enter and three Girdles embroydered with Silk and Gold to the value of forty shillings of the goods and chattells of the aforesaid R. A. then and there found feloniously they took and carried away against the Peace of our said Lord the King before W. F. and I. H. and their Companions then Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the aforesaid County of Southampton such a day and year at W. in the County of S. aforesaid to be Endicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of M. dwelt and as yet dwells By which procurement the same T. so indicted by divers labours and Expences untill before the faithfull and beloved c. T.W. and R. R. Justices of c. in the aforesaid County of S. assigned to be taken by the form of the Statute c. by vertue of the Writ of our Lord the King of Nisi prius on Monday next after the Teast c. such a year at Winton taken according to the Law c. then there was duly acquitted c. was grievously troubled and vexed in the Contempt of our Lord the King that now is and his the said T. great damages And against the form of the c. Whereupon he saies that he is worsted and hath damage to the value of 100. pounds And thereupon aswell c. he brings his Sute c. Southampton ss N. L. lately of c. Knight I. H. lately of The same by the man and the wife for Felonie supposed to be done by the wife where she was indicted before the Justices of the Peace and acquitted by the Justices of Assize by a Writ of Nisi prius c. Taylor and I. W. lately of c. Yeoman were attached to answer T. M. and T. his Wife lately called T. M. at Westminster in the County of Middlesex Spinster together with I. Waterman lately of T. in the County aforesaid Teoman of a Plea wherefore by Conspiracie at Winchester between them forehad the foresaid T. for that she and T. L. lately of T. in the County aforesaid Labourer and others such a day and year with force and arms that is to say with Swords Staves and Knives the House and Chest of H. at T. they broke and Entred and three Girdles Embroydered with Silk and Gold to the value of forty Shillings and two Table clothes to the value of twenty shillings of the goods and chattells of the said H. then and there found feloniously they took and carried away against the Peace of our Lord the King to be indicted and her the said T. upon that occasion to be taken and in the Prison of the Gaol of our Lord the King of Winchester untill the same T. in the Court of our Lord the King before the beloved and faithfull of him the said Lord the King T. W. and R. R. Justices of the Assizes of him the said Lord the King in the County aforesaid assigned to be taken by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius at Winchester according to the Law and Custom of the Realm of our Lord the King of England she was thereof acquitted to be detained falsly and maliciously they procured to the great damage of them the said T. M. and T. And against the form of the Ordinance in that case provided c. And whereupon the same T. M. and T. by VV. F. their Attorney complain that the aforesaid N.I.H. and I.VV. of I. c. together with c. by Conspiracie between them forehad such a day year and place the aforesaid T. for that she and T. L. lately of c. and others such a day and year by force and arms c. as before against the peace c. before VV.F. and I. H. and their Companions Iustices of our said Lord the King of the
peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours in the same County of S. on Monday next after such a Feast such a year at Winchester in the aforesaid County of S. to be Indicted and her upon that occasion such a day year and place to be taken and in the Prison of our Lord the King of his Gaol of Winchester Untill the same T. in the Court of our Lord the King before the beloved and faithfull of our said Lord the King T.VV. and R. R. Justices of the Assizes of our said Lord the King assigned to be taken in the County of S. by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius on Monday next after such a Feast such a year at Winchester taken according to the Law and custom of the Realm of our Lord the King of England thereupon he was there acquitted to be deteined falsly and maliciously they procured to the great damage of them the said T. M. and T. and against the form of the Ordinance in that case provided c. Whereupon they say that they are worsted and have damage to the value of 100. l. And thereupon they bring their sute c. One of the Defendants pleads not guilty and the other that at the time of the originall issuings c. he was inhabiting at Thrukleston and not at Truckleston and so not the same person And the aforesaid N. L. I. H. and I.VV. lately of I. c. by A.G. their Attorney come and defend the force and injury when c. And the aforesaid I. VV. and I. H. lately of I. say that they are in nothing guilty c. And upon this they puts themselves upon the Country c. And the aforesaid T. M. and D. in like manner c. And the aforesaid N. L. sayes that he the day of the issuing forth of the originall Writ of the aforesaid T. M. and T. was dwelling and conversant at Thruckleston in the County of S. without that that the same N. ever was dwelling oâ— conversant at Traxston as by the aforesaid Writ it is supposed and this he is ready to aver whereupon he prayes judgement of the Writ c. And the aforesaid T. M. and T. say that they by any thing by the aforesaid N. L. prealleged their Writ aforesaid ought not to be quashed because as to the Plea of the aforesaid N. L. in quashing of the Writ aforesaid above pleaded The same T.M. and T. say that the aforesaid Village of T. the said day of the obteining the originall Writ of them the said T. M. and T. to Wit the 6. day of January in the 9. year of the Reign of the King that now iâ— was known and called aswell by the name of the Viâ—lage of Truxston as by the Writ aforesaid is supposed as by the name of the Village of Truckleston and this they pray may be enquired of by the Country and the aforesaid N. in like manner Therefore the Jury thereupon is to come before our Lord the King from the day of St. Michael in fifteen dayes wheresoever of the Visonage of T. by whom c. And who neither c. to Recognize c. Because aswell c. The same day is given to the parties aforesaid now appearing c. ANd the aforesaid I. P. and W. by R. R. their Attorney come and defend the force and injury when Justification in Conspiracy for that the Defendant was one of the Jury with other Jurors before the Justices of the Peace at the Sessions c. And all Conspiracie and whatsoever c. And the aforesaid I. sayes that he is not guilty c. And of this he puts himself upon the Country and the aforesaid W. by Protestation acknowledging not any such Conspiracie as is above supposed But that the aforesaid R. ought not to have his action aforesaid against him because he sayes that at the time wherein the aforesaid R. supposeth himself in form aforesaid to be Indicted he then together with other Iurors by the Sheriff of the County aforesaid was impanelled and summoned to appear before the aforesaid late Iustices of the Peace at Norwich to doe there before the same Iustices of the Peace that which by the same Iustices on the behalf of our Lord the King should be enjoyned them by reason whereof he with other Iurors then and there before the same Iustices of the peace appeared and by the same Iustices of the Peace upon the book were sworn and changed by their oath to enquire for the King of all Felonies Trespasses and other articles in the Commission of our said late Lord the King Father of our Lord the King that now is to the aforesaid Iustices of the Peace directed conteined within the County aforesaid done or committed and he together with other Iurors before the aforesaid late Iustices of the Peace upon the book then sworn and charged him the said R. according to their conscience by form of Law of the Felonie in the Writ and Declaration above specified did Indict Which all and singular he is ready to aver Whereupon he expects not that the aforesaid R. ought not his action aforesaid for any Conspiracie in that Case to maintain against him c. And prayed judgement c. And the aforesaid R. sayes that he from his action of Conspiracie aforesaid against the aforesaid W. by any thing by him the said W. prealleged ought not to be debarred Because he saith that he the day and year c. in the Declaration above specified together with the aforesaid I. Conspired to Indict him the said R. of the Felony aforesaid Traverse in the form wherein he above by his Writ and Declaration supposeth Without that that there is had any such Record in which it is contained that he before the aforesaid Justices of the Peace together with other Jurors was sworn on him the said R. of the Felony aforesaid in form aforesaid as he above by pleading hath alleged and this he is ready to aver and for that he gain saith it not c. he prays judgment c. And the aforesaid W. by Rejoinder saith that there is had such a Record in which is contained that he before such and such late Justices of the Peace together with other Jurors was sworn and that they the aforesaid R. of the Felonies aforesaid in form aforesaid Indicted as he above by pleading hath alleged and this he avows in the Records in the Rolls of them the said late Iustices of the Peace under the custodie of the Iustices of the Peace of our Lord the King that now is in the County aforesaid reserved c. And the aforesaid R. in like manner c. Therefore as to that above of the issue pleaded above to be tryed Command is given to the Sheriff that he cause to come before our Lord the King in eight
any Lands Tenements or Hereditaments or in any Courts of Record or in any Leet or View of Frank-pledge in a Court day called Law-day or in any Court in antient Demesn Hundred Court Court Barron or in the Court or Courts of the Stannery in the County of Devon and Cornwall or being examined to the perpetuall memory of a thing that then whatsoever person and persons so offending and being duly convicted or attainted by the Laws of this Kingdome of England for his or their said offences shall lose and forfeit unto the said Lady the Queen 20. pounds and should have Imprisonment by the space of six moneths without Bail or Mainprise and that the Oath of such person or persons so offending from thenceforth afterwards in any Court of Record should not be taken within this Kingdom of England or Wales or Marches of the same till what time the Judgement given against the said person or persons should be made void or revoked by Attainder or otherwise that upon every such kind of Revocation the parties grieved shall recover his or their Dammage against all and singular such person and persons as should procure the said Judgement so revoked to be rendered against him or them or any of them by Action or Actions to be prosecuted upon his or their Case or cases according to the course of the Common Lawes of this Kingdome of England and if it should happen the said offendor or offendors not to have any goods or chattells to the value of 20. pounds that then he or they should be put upon the Pillory in any Market place within the County City or Burrough where the said offence should be committed by the Sheriff or his Officers if they should happen to be without any City or Town Corporate then by the chief Officer or Officers of such City or Town Corporate or by his or their Officers And there should have both his ears nayled and from thenceforth should be discredited and disabled for ever to be sworn in any the Kings Courts of Record aforesaid untill the Judgement should be reversed and thereupon to recover his Damages in manner and form before mentioned one Moity of which said sum of Money to be forfeited in manner and form aforesaid should be to the said Lady the now Queen her Heirs and Successors and the other Moity thereof unto such person or persons as should be grieved hindred or molested by reason of the offence or offences before mentioned who therefore would prosecute by action of Debt Bill Plaint Information or otherwise in any the Kings Courts of Record in which no Wager of Law Essoin Protection or Injunction should be allowed as in the said Statute amongst other things more fully it is manifested and it appeareth And where also c. ss A. B. Late of London Taylor Declaration in Debt after Verdict and Judgement in Trespas in the Kings Bench upon Recognizance there against one of the Bayl. Easter 6. H. 8. Roll. 432. was Summoned to answer R.H. of a Plea that he render unto him 100. pounds of lawfull money of England which c. And thereupon the said R. by R. I. his Attorney saith that whereas he the Monday next after fifteen dayes of the holy Trinity in the fourth year of the Reign of the now King before him the said Lord the King at Westminster in his proper Person came and appeared and then and there in the Court of the said King brought his Bill against one W.G. Mercer in the Custody of the Marshal of the Marshalsea of the Lord the King before him the King then and there being of a Plea of Trespass and the Pledges to prosecute are Philip Mason and John Wicham by which said Bill the said R. Complained of the said W. of that that he the second day of July in the third year of the said now King with force and arms that is to say with Swords c. the house of him the said R. at London in the Parish c. had broke and other wrongs to him had done against the Peace c. to the damage c. and the aforesaid W. by T.C. his Attorney appearing commeth and defendeth the force and Injury when c. and saith that he in no wise was thereof guilty concerning the Trespass aforesaid as the said R. above against him Complained And of this he put himself upon the Countrey And the aforesaid R. likewise c. therefore thereupon commeth the Jury before the Lord the King at Westminster the Monday next after eight c. of St. Michael And who neither c. to Recognize Entrie of Recognizance after Issue ioyned c. because aswell c. the same day was given to the parties aforesaid there c. And upon this before the said Lord the King at Westminster in the said County of Middlesex personally then and there commeth I.G. of London Gent. and L.G. of London Gent. and the aforesaid A. the Manucaptors for the said W.G. that is to say under the pain of 100. pounds which they acknowledged and every of them for himself acknowledged of his Lands and Chattels and of every of them to be done And to the use of the said R. to be levyed and likewise the said W.G. assumed for himself under the pain of 100. pounds which he acknowledged of his Lands and Chattels to be executed and to the use of the said R. to be levyed if the said W. all such Damages Costs and charges in which it should happen him the said W. in the Plea aforesaid in any manner lawfully to be overthrown doth neither pay or himself to the Prison of the Marshall of the Lord the King before him the King in that occasion not to render c. At which said day of Monday next after eight c. of St. Michael before him the Lord the King at Westminster commeth aswell the aforesaid R. in his own person as the said W.G. by his foresaid Attorney And the Sheriff then sendeth a Writ of Venir ' fac ' 24. c. in all Services and Executions together with the Pannell of the names of the Jurors thereupon impannelled upon which the Jurors of that Jury being called likewise come who being chosen tryed and sworn to speak to the truth of the Premisses Say upon their Oath that the said W. was guilty of the Trespass aforesaid even as the said R. had above Complained And they Assessed the Damage of him the said R. by reason of the Trespass as in the Verdict for which it was considered at that time in the same Court before him the Lord the King that the said R. should recover against the said W c. as in the Record even as in that Record it more fully appeareth And the said R. saith that afterwards the said W.G. in Damage Costs and charges aforesaid was convicted and after Judgement was thereupon given hitherto the said W.G. the Damage Cost and Charges unto the said R. hath not paid
ACTIONS OF PROHIBITION PROHIBITION ss MEmorandum England Suggestion where the Suggestor affirmeth the Tenement whereof the Tithes are required to be held parcel of a Priory that the Tuesday next after the Month of Easter in that same Term before the Queen at Westminster cometh W. C. in his proper person and giveth unto the said Queen here to be understood that whereas M.W. late Prioresse of the late Priorship of P. in the County of W. was of late seized of and in the same late Priorship of and in one Orchard one Close called the Barn-yard containing by estimation half an acre of Meadow and Pasture of one Close and Meadow called Mott Meadow conteining by estimation sixteen acres of Pasture in P. in the said County unto the same late Priory lately belonging and apperteining and parcell of the possessions thereof and from the time of which the Memory of men is not to the contrary untill the time of the Dissolution or suppression of the said late Priory and also at the time of the dissolution or suppression of the same for himself his Farmers or Tenants thereof for the time being amongst other things they had held and occupied discharged of and from the payment of any Tythe of Hay of in or upon those Tenements with th' appurtenances or any parcell thereof yearly in whatsoever manner by the whole time aforesaid growing renewing comming forth or happening and the said late Prioresse of the said late Priory and of the sayd Tenements with th' appurtenances so as it is beforesaid from the payment of the Tythe of Hay thereupon growing renewing or taken being seized discharged the said late Priory and all the Lands Tenements and Hereditaments unto the same late Priory lately belonging whereupon c. by force of a Statute in Parliament at Westminster in the County of Middlesex in the 27th year of the Reign of H. 8. Statute of â—7 year of H. 8. for suppression of land belonging unto religious houses late King of England held published were suppressed or dissolved and to the hands of the same late King by virtue of that suppression came by virtue of which the said late King was seized of and in the said late Priory and the said Tenements called M. Meadow and R. Close in his Demesn as of Fee in right of his Crown of England And whereas in the Statute in Parliament of the said late King H. 8. Statute of 31. year of H. 8. for the discharge of their land for the payment 〈◊〉 Tithes c. held at VVestminster aforesaid the 28. day of April in the year of his Reign the 31th amongst other things It was firmly Ordeined that as well the said late King his Heirs and Successors as all and singular other Persons their Heirs and Assigns who then had or from thenceforth afterwards should have any Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Ecclesiasticall houses or places Sites Circuits and Precincts of them or any of them or any Mannors Rectories Appropriations Tythes Pensions Portions or any Hereditaments whatsoever which before then did belong or appertein or which then did belong or appertein unto the said Abbeys Monasteries Priories Nunneries Colleges Hospitalls Fryer houses or other Religious and Ecclesiasticall houses or places or unto any of them they should have hold reteyn keep and enjoy aswell the said Rectories Appropriations Tythes Pentions Porsions as the said Monasteries Abbeys Priories Nunneries Colleges Fryer houses and other Religious and Ecclesiasticall houses Sites Circuits and Precincts Mannors Messuages Lands Tenements and other Hereditaments whatsoever and all of them according to their estates and every of their Titles discharged and acquitted from the payment of Tythes so freely and in as ample manner and form as the said late Abbots Priors Nuns Prioresse and Ecclesiasticall Governours or Governesses or of any of them they should have hold occupy possesse use or enjoy the same or any parcell thereof at the dayes of their dissolution suppression dissertion forfeiture Surrender or comming to the hands of the said late King of such Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Religious houses or places or at the day of Dissolution Surrender or be comming to the hands of the said Late King of any of them by the said Act or any thing in the same conteined to the contrary thereof notwithstanding by force of which said Statute or by pretence of the rest of the Premisses the said late King H. 8. held the said Premisses with the appurtenance called M. Meadow and R. Close by himself his Farmees and Tenants thereof had and held discharged from the payment of the Tyth of Hay of in and upon the same tenements with th'appurtenance or any parcell thereof yearly in whatsoever manner growing renewing comming or happening and so thereof being seized the said late King afterwards that is to say _____ day _____ in the year of his Reign _____ at Westminster in the County of Middlesex by his Letters Patents sealed with his great Seal of England and in due manner executed bearing date the same day and year gave and granted the said Tenements with th' appurtenances called M. Meadow and R. Close with th'appurtenance unto the aforesaid W.C. To have to him and his Heirs for ever To hold of the same late King as of _____ by pretence of which said Letters Patents the said W.C. into the said tenements called M. Meadow and R. Close with th'appurtnance entred and was thereof seised in his Demesn as of Fee and so thereof being seized the same tenements with th' appurtenances by himself his Farmers or Tenants had and held discharged from the payment of any Tyth of Hay of in or upon the said Tenements called M. Mead and R. Close or any parcell thereof yearly in whatsoever manner growing renewing comming or happening by pretence of the said Act and of the rest of the Premisses And whereas also in the Statute in Parliament of the said late King H. 8. Statute 31. H. 8. that no person should be sued or constrained to pay Tythes where c. The like Statute of the second year of Edw. the 6th held at Westminster aforesaid in the 31. year abovesaid It was enacted that no person nor persons should be sued or constrained to render give or pay any Tythes for any Mannors Lands Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or prescription were not chargeable with the payment of Tythes And further whereas in the Statute of the late King Edw. the 6th in the second year of his Reign amongst other things firmly it remaineth that no person should sue or otherwise Compell to render give or pay Tyths for any Mannors Lands Tenements or Hereditaments which by the Lawes and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tythes of Hay thereupon growing taken
or had but by that whole time were and every part and parcell thereof was altogether discharged from the payment of such Tythes as afore it is said And whereas also such causes or businesses and the Cognizance of the same Pleas of Tythes against the form of the aforesaid Acts and Statutes demanded should not appertain to the Ecclesiasticall Court in any manner notwithstanding the said W.S. Farmer of the Rectory of R. in the said Counties of Warwick Worcester Diocesse not being ignorant of the Premisses thinking him the said W.C. against the due form of the Law of this Kingdom of England and against the form and effect of the said Statute unduly to grieve oppresse and weary and also the said now Queen and her Regall Crown and the Cognizance of Pleas to deprive which to the said Queen and her Regall Crown and not to the Court Christian doth belong to another Tryall in the Christian Court to bring him the said W.C. into the said Court before the Worshipfull c. as insuing of and for the taking away and non-payment of the Tyth of Hay by the said W. C. of in and upon the Tenements with th' appurtenances in the year of our Lord 1570. from thence comming had and taken the supposed Tyth of that Hay to have been thereout comming of the said Closes called R. and M. and of divers parcells of Meadow unto the same adjoyning and unto the Mannor of P. belonging and appertaining within the bounds and Limits of the said Parish Church of R. and the tythable places of the same brought into the Plea and the said W. S. him the said W. C. in the Court Christian aforesaid before the said spirituall Judge by the said occasion to appear and unto the said W. S. of and in the Premisses unjustly inforced to answer And although the said W. C. the said matter in this suggestion conteined in the said Court Christian before the said spirituall Judge in his discharge in the Premisses had pleaded and brought inevitable testimony to prove the same Notwithstanding the said Judge altogether refused to admit the said Plea and allegation And the said W. C. in the said cause if Substraction of the said Tyth to condemn and to compell him to pay the said Tyth of Hay by the definitive sentence of the said Court Christian and with all his forces indeavoured and from day to day was dâ—vising to the Contempt of the now said Queen and the Damage prejudice impoverishing and manifest grievance of him the said W. C. and against the force form and effect of the said Statute And this the said W. C. is ready to prove Whereupon the said W. C. most humbly imploring the aid and munificence of the Court of the said Queen unto him desireth Remedy and a Writ of the said Queen of Prohibition unto the said spirituall Judge or unto any Competent Judge in this behalf whatsoever to be directed that neither they nor any of them the said Plea touching the premisses in what manner soever before them or any of them may any further hold c. And it is granted to him c. A Declaration for that the Defendant 〈◊〉 pâ—osecuted in the Court Christian after the Queens Prâ—hâ—bâ—tion U. K. Esquire who aswell for the said Queen prosecuteth as for himself Complaineth of W.S. Farmer of all and singular the Tythes to the Rectory of the parish Church of Badby with Neâ—â—ham in the County of Northampton aforesaid in the Diocesse of Peterborrough and of the Province of Canterbury in the Custody of the Marshall c. of a Plea wherefore he is prosecuted in the Court Christian against the Queens Prohibition unto him formerly thereof to the contrary directed and delivered for that Suggestion for Prohibition for that the said Rectory unto an Abbot was appâ—opriate and hâ—ld discharged of the payment of any Tithes that is to say that whereas within the said Parish of B. with N. in the said County of N. there hath been and remained and from the time of which contrary the Memory of men remaineth not there had been accounted and there were aswell a Rector and a Vicar as a Rectorie and Vicarage of the parish Church of B. with N. aforesaid which said Rectory is and from time out of the memory of man was a Rectorie appropriate And whereas Philip late Abbot of the late Monastery of the blessed Mary of St. Ogwin of Eversham in the County of VVorcester at the time of the dissolution and suppression of the same late Monastery and all his Predecessors Abbots of the same late Monastery for the time being from the time out of the memory of man were seized aswell of the said Rectory with th' appurtenances as of D. acres of Land 40. acres of Meadow Together at once and all at once seized and 100. acres of Pasture with th'appurtenance in B. with N. aforesaid called the Demesns together and at once and all at one time in his Demesn as of Fee in the right of his said late Monastery and that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being the said Tenements with th' appurtenances called the Demesns and every parcell thereof from time out of mind untill at the time of the dissolution or suppression of the said late Monastery And also the said late Abbot at the time of the dissolution or suppression of that Monastery held and enjoyed discharged and acquitted of and from the payment of the Tythes following that is to say of the Tythes of Grain Hay of in or upon the said Tenements with th' appurtenances called the Demesns yearly in whatsoever manner growing happening renewing or comming and the Tythes of Lambs and of Wooll sheer'd by Sheerers falling and happening of Sheep in or upon the said Tenements with th' appurtenances depasturing feeding and lying and also of the Tythes of Heifers and of Milk falling happening and milkt of Cowes in and upon the same Tenements with th'appurtenance depasturing feeding and lying and also the Tythes of Herbage and of whatsoever dry or barren Cattell in and upon the said Tenements with th'appurtenance depasturing feeding and lying and also of the Tythes of Pigs falling and happening of Sows in and upon the same Tenements with th' appurtenances depasturing feeding and lying and also of the Tythes of Wood and Underwood growing and happening in and upon the said Tenements with th'appurtenance And whereas the said late Abbots as well of the said Rectory with th'appurtenance as of the said Tenements with th'appurtenance called the Demesns for the payment of the said Tythes for the said occasion afore alleged is discharged as before it is said Statute of 31. H. 4. for holding religious Lands in such form as Abbots c. and others held being seized by a Statute in Parliament of H. 8. late King of England held at VVestminster the 23. day of April in the 31. year of
said Rent in his Demesn as of Fee And that the said R. afterward dyed after whose death the said Services descended unto the said I. T. as Cozen and Heir of him the said R. that is to say Son of the fifth son of M. the Daughter of G. Son of the said R. of whom the said N. the Estate in the said Tenements with th' appurtenances one I. L. now hath And because aswell the Homage of him the said I. L. unto the said I. T. after the death of the said R. remained due and as yet remaineth as the said Rent by 6. years next before the day of the said taking unto the said I. T. was behind and as yet being unpaid the said I. T. well avoweth the taking of the said Cattell in the said place in which c. as parcell of the said Tenement of him the said I. T. in form aforesaid held and above the said I. L. as above his true Tenant and within his Fee c. And this he is ready to prove Whereupon he prayeth c. and the retorn of the said Cattell to be adjudged unto him c. Plaintif saith that he hath nothing in the Tenements unless a certein Demise by one I. L. made at the term of three years the Reversion thereof unto the said I. L. and his Heirs expectant and therfore prayeth aid of the said I.L. which said I. L. after sumons thereupon made unto him likewise commeth and joyneth himself with the Plaintif and saith that the said R. never was seized unless of the service of Fealty onely and the Rent of 10. shillings Without this that the said R. was seized of homage Fealty Escuage and the rent of twenty shillings in manner and form c by the hand of N.L. c. ss AND the said T. Wilde not acknowledging any matter in the Avowment of the said I. T. before alleged to be true saith that the said I. L. before the day of the said taking was seized in his Demesn as of Fee of the said Messuage with th' appurtenances whereof the said place in which c. is and at the said time in which c. was parcell and the said I. L. so thereof seized long before the said time that is to say in the Feast of St. Michael the Arch-Angel in the nineteenth year of the Reign of the now King at W. in the said County Demised unto the aforesaid T. W. the said Messuage with th' appurtenances To have to him and his Assignes from the said Feast of St. Michael untill the end and Term of three years from thence next following and fully to be Compleat by virtue of which the said T. long before the said time in which c. was thereof possessed Which said Term as yet indureth And so the said T. saith that he hath nothing in the said Messuage with th' appurtenances unless at the Term of three years in form aforesaid the Reversion thereof after that Term ended being expectant to the foresaid I. L. and his Heirs Without which said I. L. the said T. saith that he cannot answer unto the said Avowment of the said J. T. and prayeth Ayd of him the said I. L and hath c. Therefore the Sheriff is commanded that he * Summons in Ayd prayer of ayd Summon by good Summons the aforesaid I. L. that so before the said King from Easter day in three weeks wheresoever c. to answer to the said Avowment of the said I. T. together with the said T. W. if c. the same is given unto the said parties c. At which day before the said King at Westminster came as well the said T. W. as the said I. T. by their said Attorney And the said I. L. being summoned c. by T. H. his Attorney likewise commeth and joyneth himself with the aforesaid T. to answer unto the said I. T. together with the said T. W. to the said Avowment c. * Joyn in aid and traverse the tenure And aswell as the said T.W. the said J. L. who joyneth himself c. saith that the said J. T. the taking of the said Cattell in the said place in which c. for the reason before alleged ought not to avow just because * Protestation protesting that the said N. did not hold the said Tenements with th' appurtenances of the said R. by the said Services in the said Avowment specified Neither that the said R. ever was seized of the said Services or of any parcell thereof besides Fealty and the Rent of ten shillings of the said 20. shillings by the hands of the said N. or of any other Tenant of that Tenement for Plea saith that the said N. L. held the said Tenements with th' appurtenances of the said R. B. by Fealty and the Rent of 10. shillings of the said 20. shillings unto the said R. and his Heirs at the said Feasts of Easter and St. Michael the Arch-Angel by equall Portions yearly to be paid of which Services the said R. was seized by the hands of the said N. as by the hands of his true Tenant that is to say of the said Fealty as of Fee and right and of that Rent in his Demesn as of Fee And the said T.W. and L. saith that the said Rent of ten shillings or any parcell thereof was not behind unto the said J. T. at the time of the said taking unpaid And they the said T. W. and J. L. say that the said R. or any of his Predecessors never was seized of the said ten shillings residue of the said 20. shillings nor any parcell thereof by the hands of the 〈◊〉 N. nor of any other Tenant of the said tenements with th' appurtenances after the Limitation of Assize of new disseisin that is to say after the first of the Lord King H. son of King Iohn in Vaston without this that the said N. held the said tenements Without this with th' appurtenances of the said R. by homage fealty and at the Escuage of the Lord the King and by the rent of twenty shillings by the year as by the said Avowment is supposed and this he is ready to prove whereupon from which the said I.T. the taking of the said Cattel before acknowledging prayeth judgement and his dammages by that occasion to be adjudged unto him c. Issue in prayer of Aid ss AND the said I.T. saith that the said N. tenant of the said tenements with th' appurtenances of the said R. by homage fealty and Escuage of the said Lord the King and the said rent of twenty shillings by the year in the form which the said I. T. before hath alleged And of this putteth himself upon the Country and they the said T.W. and I.L. who joyned themselves c. likewise c. therefore c. Declaration in replevin parcell in the detinuit and parcell in the detinet and the plantif prayeth that the defendant may be bound to
was seized by the hands of the said I. as by the hands of his True Tenant And because aswell the said Rent unto the said T. was not paid as the said other Services were undone by two years next before the day of the said taking the said T. doth well avow the taking of the said Cattell in the said place in which c. as in parcell of the said Tenements of him the said T. in form aforesaid held Acknowledgeth the Avowment by the Plaintif Judgement that the Defendant shall have the retorn of the Cattell irreplegiable Defendant without day Plaintif in mercy Defendant avoweth the taking of the Cattell doing damage and the Plaintif prayeth that the Defendant may secure the deliverance unto him for that the same Defendant claymed no property in them And the Defendant find Pledges c. and within his Fee c. And the said I. saith that he cannot deny but that he holdeth of the said T. as of the said Mannor the said Tenements with th' appurtenances by the Services aforesaid Neither but that aswell the said Rent as those Services unto the said T. by the time aforesaid remained behind in the form which the said T. P. by his said Avowment hath supposed Therefore it is considered that the said T. shall got thereupon without day and that the said I shall take nothing by his said Writ but that he be in mercy for his false Clamour And that the said T. shall have the retorn of the said Cattell irreplegiable for ever ss AND the said M. by R.T. his Attorney commeth and defendeth the force and Injury when c. And doth well avow the taking of the said Cows in the said place in which c. and justly c. because he saith that he is seized and at the time of the said taking was seized in one Messuage and twelve acres of Meadow with th' appurtenances in the said Town of G. whereof the place in which c. the said Cows were taken is parcell in his Demesn as of Fee And for that he at the time of the said taking found the said Cows doing Damage in the said place in which c. the said M. those Cows in his ground and freehold so doing dammage took as to him it was lawfull And this he is ready to prove whereupon he prayeth judgement and the return of the said Cattel c. And upon this the said R. saith that the said M. as yet remaineth possessed of the said Cowes whereupon from which the aid M. hath claimed no property in the same Cowes desireth that the same M. may secure the delivery of the said Cowes unto the said R. and he findeth pledges of that delivery to be made that is to say R.T. of c. and W.S. of c. Therefore the said R. may have the delivery thereof c. And the said R. saith that he by any matter before alleged from his said action had ought not to be precluded Plaintif sayth that he was seized of one Messuage c. and that the same Plaintif and all those whose estate had used to have common c. in a certain Moor c. in which c. And so justifies using the common c. because he saith that he the day before the time in which it is supposed the said Cowes were taken and at the same time was seized of one Messuage and twelve acres of Meadow with th' appurtenances in G. and that the said R. and all his Ancestors and all those whose estate the said R. now hath had common of pasture in a certain Moor of the said M. called H. by the whole year and in six acres of Meadow with th' appurtenances in G. whereof the said place in which it is supposed the said Cowes were taken that is to say in the said Moor by all the year in the said Meadow after the grasse was cut and the Hay thereof coming made and carried away with all his Cattle depasturing and so faith that he for using his said common in the said place called H. put the said Cowes in the said Moor As it was lawfull for him to doe And this c. whereupon c. And the said M. saith that the said Moor and Meadow Defendant saith that the said Moor is his freehold without this that the Plaintif and all his ancestors c. used to have common c. Without this of him the said M. are the ground and freehold of the same M. and at the time of the said taking were without this that the said R. and all his Ancestors and all those whose estate the said R. now hath in the same twelve acres of Meadow had common of pasture in the said Moor and Meadow as the said R.G. before hath alleged And this c. whereupon c. as before prayeth judgment c. And the said R. saith that he and all his Ancestors whose estate the said R. now hath in the said Messuage and twelve acres of Meadow had common of pasture in the said Moor and Meadow as the said R. before hath alleged and this he prayeth that it may be enquired of c. ss AND the said R.A. by R.C. his Attorney cometh and defendeth the force and injury when Defendant allegeth that the Plaintif held of him by Homage fealty and three shillings rent and sute of Court and to render a Herriot at death or alienation of every tenant and that the Plaintif did not doe sute of court and so avoweth the taking c. c. and doth well avow the taking of the said Cattel in the said place in which c. and justly c. because he saith that the said T. Harrington at the time of the said taking supposed to be done and long before he was seized of one Mesuage and one Virge of Land with th' appurtenances in B. aforesaid whereof the said place in which c. is and at the said time of the said taking supposed to be done was parcell in his Demesn as of Fee and so seized the same held of the aforesaid R. A. as of his Mannor of B. in C. aforesaid by Homage fealty and three shillings Rent unto the said R.A. at the feasts of St. Michael the Archangell and the Annunciation of the blessed Virgin Mary by equall portions yearly to be paid by the Service to doe sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held And also by the service to render aswell after the death of every Tenant of the said Messuage and of one Virge of land Seised of services with th' appurtenances dying seised As after every alienation thereof made or to be made the best living thing which was of him the said Tenant by the name of Herriot Of which services the said R.A. was seized by the hands of the said T. H. as by the hands of his true Tenant that is to say of
I.G. and W. by I.B. their Attorney commeth and defendeth the force and injury when c. and as to the taking and deteyning of the said five Cart-â—oad of Wheat in Sheaves ten Cart-load of Barley in Sheaves ten Cart-load of Oats in Sheaves and eight Cart-load of Hay they the said R.S. I.N. Y. I. G. and VV. prayeth Judgement of the Writ c. because they say that the property of those Chattel's at the time of the said taking supposed to be done was unto R. S. of I. c. and T. H. by which they the said R. the now Defendant I.N. Y. I.G. and W.V. Servants of him the said R. S. of L. c. and T. H. and by their Command at the said time in which took and deteyned the Chattels and the same as yet they detein as unto them it is lawfull And this they are ready to approve whereupon as to the taking and detension of those Chattels they pray Iudgement of that Writ c. And as to the taking of the said Cattell they the said R. S. the now Defendant I. N. Y. I. G. and W. as Bailiffs of the said R. S. of L. and T. doe well acknowledge the taking of those Cattell in the said place As to the taking of the Cattell the Defendants justifie as servants of another doing damage in which c. and justly c. because they say that the said in which c. is supposed the taking of those Cattell to be done is and at the said time in which c. was the ground and Free-hold of the said R. S. of L. and T.H. And that those Cattell at the same time were in the same place eating the grass there then growing and Damage there doing by which they the said R. S. the now Defendant I. N. Y. I. G. and VV. as Bailiffs of the said R. S. of L. and T. at the said time in which c. took and deteyned those Cattell and the said Ewe-sheep as yet they detein as to them it was lawfull and this they are ready to prove whereupon they pray Judgement if the said I. his Action thereupon against them ought to have c. And the said R. S. of L. and T. pray retorn of the Oxen Steers Cows Calf Heifers and the said Living goods to 〈◊〉 adjudged unto them The Plaintif prayeth that the Defendant may secure unto him of some of the Cattell for that he hath not claimed any property Defendant as to parcell saith that he put them in an open Pound and in default of the Plaintif with hunger they perished to find pledges of deliverance for the residue And upon this the said I. N. saith that the said R. S. the now Defendant I. N. Y. I. G. and VV. of the said Ewe-Sheep whereof out of which they the said R. S. the now Defendant I. N. Y. I. G. and VV. have claymed no property in the same Ewe-sheep prayeth that they the said R. S. the now Defendant I.N.Y.I.G. and VV. may put in Security here in Court unto the said I. N. for the Delivery of the same Ewe-sheep Upon which they the said J.S. the now Defendant J. N. Y. J. G. and VV. as to the Security and Delivery of two Ewe-sheep of the said three Ewes say that the Delivery thereof unto the said I.N. they ought not to secure because they say that immediatly after that they the said Cattell in form aforesaid took those Cattell they put in a certain open Pound at C. in the County aforesaid and afterwards the said two Ewe-sheep with hunger and for want of Sustenance in default of him the said I. M. there perished And this they are ready to prove whereupon they pray Judgement if they ought to secure the Deliverance of those two Sheep unto the said I. N. c. which said matter to the securing of the Deliverance of those two Sheep the said I. N doth not gainsay and as to the Deliverance of that one Ewe-sheep as is before said deteyned they the said R.S. the now Defendant I. N. Y. I. G. and W. they have found pledges of the Deliverance thereof to be made unto the said I. N. namely I. Hercum and J. Beuning Plaintif saith that the property of the Chattels was his and not anothers as to the residue pleads a certain Demise unto him made by virtue of which he entred and was thereof possessed until another disseised him and after that the Plaintif put Cattell in the place in which c. And that the Defendant took the same Def. pleads a Demise at will c. therefore the said I. N. may have the Deliverance thereof c. ss AND the said I. N. saith that his said Writ as to the taking and Detension of the said Chattels for the reason before alleged ought not to be made void because he saith that the property of those Chattels at the said time in which c. was unto the said I. N. and not unto the said R. S. of L. and T. as the said R. S. the now Defendant and the others above have alleged and this he prayeth may be inquired of by the Countrey and the said R. S. the now Defendant and others likewise c. And as to the taking of the said Cattell the said I. N saith that the said R.S. the now Defendant and the others the taking of those Cattell ought not acknowledge just because he faith that the said place called W. in which c. is and at the time of the said taking was three closes conteining Ten acres of Land and eight acres of Pasture in L. aforesaid whereof the said W. H. long before the said time was seized in his Demesn as of Fee and so thereof seized before that time in which c. that is to say the Tenth day of January in the Tenth year of the Reign of the said now King at G. in the County aforesaid those Closes with th' appurtenances amongst other Lands Tenements in G. aforesaid demised unto the said I.N. to have and occupy unto the said I. N. from the same Tenth day of January from thence next following and so from year to year at the will of him the said W. H. paying therefore yearly unto the said W. H. as long as the said I. N. those Closes and also the said Lands and Tenements by reason of that Demise should have and occupy 26. shillings 8. pence to be paid at the Feast of St. Michael th'Arch-Angell by virtue of which Demise the said I. N. of the said Closes together with those Lands and Tenements was possessed untill they the said R. S. of L. and T. H. the aforesaid W. H. of those Closes before the said time in which c. Disseised and from those Closes of him the said I. N. expelled and amoved by which they the said R. S. of L. and T. were seized in those Tenements with th' appurtenances in their Demesn as of Fee by Disseisin And after that the said
pence of the said Tenements unto the said T. W. his heirs and Assignes for ever at the feasts of th' Annuntiation of the blessed Mary c. and of St. Michael th'Arch-Angel to be paid by equall Portions and the said I. M. by his said writing willed and granted that if the said annuall Rent should happen to be behind in part or in all unpaid beyond any Term of the payment thereof before limitted that then it should be lawful unto the said T. W. his heirs and Assignes in all the said Tenement land Meadow feedings pasture and Woods and every parcell of them to enter and distrain and the distresses so taken thereupon to lead drive carry away and retain the same untill of all the said annuall Rent which then should be behind together with the damages and Expences had and incurred by occasion of the Not-payment of the said Rent unto the said T. W. his heirs or Assignes should be fully paid and satisfied by vertue of which said Grant of the said I. M. twenty six shillings and eight pence unto the said T.W. in his life that is to say Payment of a Rent charge alleged by which the Defendant was thereof seized at the feast of St. Michael th'Arch-Angel in the year of the said Lord Henry late King of England the seventh eighteenth at H. aforesaid did pay by which the said T.W. was of that Rent seized in his Demesn as of Fee and so thereof being seized the said T. long before the taking aforesaid supposed to be done that is to say the twelvth day of August in the third year of the Reign of the said now King at Feversham in the County aforesaid dyed thereof seized after whose death the said Rent with th' appurtenances descended unto the said T. as Son and heir of the said T. and because Eightteen pound thirteen shillings and four pence of the said Rent for seven years ended at the feast of St. Michael the Arch-Angel next after the death of the said T. W. and next after the said taking supposed to be done unto the said T. were behind and as yet remaineth unpaid the said V. for five pound six shillings and eight pence of that Rent unto the said T. for the two first years of the said seven years next before the death of the said T. due as bailiff of the said T. doth well acknowledg the taking of the said Cattel in the said place in which c. as parcell of the said Tenements unto the distress of the said T. in form aforesaid charged And justly c. And this he is ready to prove c. whereupon he prayeth judgement and the return of the said Cattel to be adjudged unto him c. And the said S. M. saith Plaintif saith that the Grantor did not grant the annuall rent in barr specified Protestation that the said V. by any matter in his said acknowledgment before alleged the taking of the said Cattel in the said place in which c. ought not to acknowledg just because protesting that the said I. M. hath nothing in the said Tenements at the time of the Grant of the said Rent supposed to be done for Plea saith that the said I. M. by his said Writing gave and granted unto the said T. W. the said annuall Rent of the said fifty three shillings and four pence going forth of the said Tenements in manner and form as the said V. in her said acknowledgement before hath alleged And this he is ready to prove c. Whereupon from which the said V. the taking of the said Cattel before acknowledging prayeth judgement and his dammages by reason of the taking and detension of the said Cattel to be adjudged unto him c. And the said V. saith that the said I. M. by his said writting gave and granted unto the said T. V. the said annuall Rent of fifty three shillings and four pence going forth of the said Tenements in manner and form as the said V. before hath alleged and this she prayeth that it may be inquired of c. Cambridge Defendant justifies the taking of the hurdles for that that he was seized of the Mannor of C. and had accustomed to have folding within the Precinct of the same and that if any other any fold there should levy then it should be lawfull unto the Lord of the same Mannor the same fold to cast down flat and those hurdels to distrain and to keep untill c. And saith that the Plaintif hath levyed a fold within the precinct of the said Mannor c. Mich 33. H. 8. roll 100. ss AND the said T. Braken by I.W. his Attorney cometh and defendeth the force and injury when c. All taking and whatsoever c. And doth well avow the taking of the said thirty six Folding Hurdels in the said two Ridges of Land and justly c. Because he saith that one T.D. Master or Keeper of the Kings Hall or College within the University of Cambridge vulgarly called the Kings Hall and the Fellowes of the same Hall or College were seized of the said two Ridges of Land in their Demesn as of Fee in the right of their said College and that the said T. likewise seized in his Demesn of and in the Mannor of Chesterton in the said County and the said T.B. and all those whose estate he hath of and in that Mannor with th' appurtenances they had and were accustomed to have free folding in and through the Precinct of the Town of Chesterton aforesaid and further the said T. B. saith that if any one any other folding within the precinct of the said Town of Chesterton without leave of the Lord of the Mannor of C. aforesaid for the time being did levy that then the Lord of the Mannor of C. aforesaid who for the time should be that folding by all the said time at his will hath accustomed to cast down flat and also those Hurdels of such folding so erected by the whole time aforesaid to distrain and at his will under safe custody likewise accustomed to put as long as and untill such those Hurdels in due manner out of his possession should be sued forth and because the said T. G. before the said time in which c. a certain fold in and upon the said two Ridges of Land in C. aforesaid by the command of the said Master and Fellowes of the said Hall or College without the leave of him the said T. H. with the said thirty six folding Hurdles did set up and levyed the said T. B. those thirty six folding Hurdles took and the same under safe Custody put as to him it was lawfull which is the same taking and detaining of the said thirty six folding Hurdles whereof the said T.G. before himself now Complaineth Enquire And this he is ready to prove whereupon he prayeth judgment and the return of those thirty six folding Hurdles and also dammage according to the form of the
Statute in such case made and provided to be adjudged unto him c. Plaintif saith that the Master and Fellowes of the Kings Hall in Cambridge of the Mannor of Rectory of Chesterton And the said T.G. saith that the said T.B. by any matter before alleged the taking of the said thirty six folding Hurdles in the said place in which c. ought not to avow just because he saith that the Master or keeper of the said Hall or College and the Felowes c. at the said time in which c. were seized of the Mannor of the Rectory of Chesterton aforesaid whereof the said two Ridges of Land are and at the said time in which c. were parcell and the said Master or Keeper of the said Hall or College and the Fellowes Whereof c. They the said Master and Fellowes accustomed to have for themselves and their farmors free folding in the whole precinct of the Town of C. without this that the Defendant c. Without this c. and all those whose estate they had in the Mannor of the said Rectory had and were accustomed to have for themselves their Tenants and Farmers free folding in and through the whole Precinct of the Town of C. aforesaid by reason of his said Mannor without any Contradiction or leave of any to hinder By which the said T. G. as Farmer of the said Master and Fellowes of the said College or Hall set up the said fold as unto him it was lawfull Without this that the said T. B. and all those whose estate he hath of and in the Mannor of C. had and were accustomed to have any free fold in and through all the precinct of the Town of C. aforesaid as the said T. B. by his said avowment before hath acknowledged prayeth judgment and his dammages by reason of the taking of those thirty six folding Hurdles to be adjudged unto him And the said T. B. as formerly saith that they and all those whose estate he hath in the said Mannor of C. aforesaid had and were accustomed to have free folding in and through the whole Precinct of the Town of C. aforesaid as he by his said avowment before hath alledged And of this he putteth himself upon the Countrey c. ss PEter Marton was attached to answer N.C. of a Plea wherefore he took the goods and Chattels of him the said N. and the same unjustly detained against the Sureties and pledges c. And the said P. by W.W. his Attorney cometh and defendeth the force and wrong when Defendant as Major of a Burrough Town justifies the taking of the skins for Toll denied Burrough Town c. And doth well avow the taking of the said Oxe skins in the said place in which c. and justly c. Because he saith that the said Town of Helliston is and from the time of which the Memory c. was an ancient Town corporate of Major Bailiffs and Burgesses of the Town of H. within which said Town they the said Major Bailiffs and Burgesses and all their Predecessors Majors Bailiffs and Burgesses of that Town for the time being from the time of which contrary the Memory of men doth not c. had and from all the said time used to have a certain market in every Saturday in the year in which said Market they the said Majors Bailiffs and Burgesses they took and accustomed to take a certain Toll of all and all manner Oxen and Cowes skins of whatsoever person or persons of the same Toll not lawfully discharged or otherwise with the same Majors Bailiffs and Burgesses concerning the same Toll agreed and accorded within the Precinct of the said Town that is to say of every Buyer of Beef Skins in the said Market so sold unto any person or persons foreiners One half-pennie and if any refuse to pay that Toll then the said Major Bailiffs and Burgesses and all their Predecessors Majors Bailiffs and Burgesses of the said Town for the time being from the time of which contrary c. used and accustomed by themselves their officers or Servants within that Town or within the Precinct of the same Town to take and keep such Oxen and Cowes skins so in the said Market being sold untill the said Toll thereof be paid and the said P. saith that the said N. before the said time in which c. at H. aforesaid within the Precinct of the said Town that is to say in the Market place there he bought the said two Oxe skins in the Market day of the same Town upon which the said P. the then Major of the said Town at the said Town in which c. at H. aforesaid demanded of the aforesaid N. one penny unto the said P. the then Major of the said Town and to the Bailiffs and Burgesses of the same Town due for Toll for the said two Oxes skins at the same time in the said place in which c. being which said pennie and every parcell thereof the said N. unto the said P. to the use of the said P. at that time Major of the said Town Bailiffs and Burgesses then and there refused to pay by which the said P. then Major of the said Town the said two Beef skins of the said goods and Chattels of the said N. then and there being for the same penny in form aforesaid denied at H. aforesaid in the said place in which c. in the same time doth well avow the taking of the said two skins for the said Toll in form aforesaid denied and refused And this he is ready to prove whereupon he prayeth judgment and return of those two skins to be adjudged unto him c. Plaintif saith that he is Burgesse of the Burrough of Bodmin and that by reason thereof he is discharged of all Tolls within the Town of H. in barr specified And the said N. C. saith that the said P. by any matter before alleged the said taking of the said two skins in the said place in which c. ought not to avow just because he saith that he the said N. at the time of the taking of the said skins and long before that was a free Burgesse of the Burrough of the Lord the King at Bodmyn in the said County And that the said Burrough of Bodmyn is and from the time of which contrary the Memory of men doth not remain was an ancient Burrough of a Major Bailiffes and Burgesses of that Burrough within which said Burrough all the Burgesses of that Burrough and their Predecessors Burgesses of the same Burrough from the time of which contrary c. were and from all the time aforesaid were used to be discharged freely and quietly from all Tallages and Tolls aswell within the said Town of Helliston as in and through all C. aforesaid and that they may freely buy and fell all and singular Marchandize things and Wares aswell within the said Town of H. or otherwhere without Toll
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
Freehold of him the said I. he did break and enter and the said R. from the possession of the said House expelled and amoved and him the said R. from the possession thereof by the time aforesaid withheld and kept as to him it was lawfull And this c. whereupon c. ss AND the said R. B. saith that he by any thing Replication c. ought not to be precluded because he saith that the said House in which the Trespass aforesaid was done is and at the time in which c. was the ground and Freehold of him the said R. and not the ground and Freehold of him the said I. in manner and form as the said T. above in pleading hath alleged and this he prayeth may be enquired c. Defendant pleads to part property in himself and to the residue that he did not take ss AND the said G. and E. by I. B. his Attorney commeth and defendeth the force and Injury when c. and prayeth Judgement of the said Writ because as to the taking and detention of three of the Topsail of the Tapestry and other things c of the aforesaid goods and chattells in the said Declaration above specified parcell they the said G. and E. say that the property of the same goods and chattells parcell c. at the said time of the taking aforesaid above supposed to be done was in them the said G. and E. and not in the said I. in manner and form as the said T. himself doth now Complain and this c. whereupon he prayeth c. and that the said Declaration as to the taking and deteining of the said goods and chattels parcell may be made void c. and as to the residue of the goods and chatteâ—ls in the said Declaration above specified they the said G. and E. say that they did not take those goods and chattells residue c. in manner and form as the said T. above in his Declaring hath all god And of this he putteth himself upon the Countrey and the said T. likewise c. Replication for other parcell ss AND the said T. saith that the Declaration aforesaid as to the taking and deteining of the said goods and chattells parcell c. by any matters by the said G. and E. above by pleading hath alleged ought not to be made void because he saith that the property of the said goods and chattells parcell c. at the said time of the said Caption done was in the said T. and not in them the said G. and E. in manner and form as they the said G. and E. above in pleading have alleged And this he prayeth c. and the said c. likewise therefore as to the Tryall of that Issuâ— as the aforesaid other Issues between the said parties above likewise joyned Cometh thereupon the Jury c. and upon this the Plaintif findeth Pledges to deliveâ— the goods and chattells of the Defendant c. Defendant just fiâ—th as Tenant of the Plaintif by Copy of Court Roll of the Mannor of Foaley ss AND the said Defendant by I. S. his Attorney commeth and defendeth the force and injury when c. and as to the comming with force and arms c. not guilty and as to the rest of the Trespass aforesaid above supposed to be done the said Defendant â—aith that the said Plaintif ought not to have an action because he saith that the Close and house aforesaid and also the places in which the Trespass aforesaid is supposed to be done are and at the time of the said Trespass above supposed to be done were one Messuage and two acres of Land with th' appurtenances in Foxley aforesaid which said Messuage and two acres of Land with th' appurtenances at the time of the said Trespass above supposed to be done and also from the time of the Memory of man were parcell of the Mannor of Foxley of which said Mannor with th' appurtenances aforesaid which is and at the said time in which c. and also long before the said time in which c. was seized in his Demesn as of Fee and that the same Messuage and two acres of Land with th' appurtenances are and by all the said time were and are Customary Land and from the whole time aforesaid of which the Memory of men is not to the contrary were Demised and Demiseable by Copy of Court-Roll of the Mannor aforesaid by the Lord of that Mannor or his Steward of that Mannor for the time being unto whatsoever person or persons would be willing to take the same in Fee-simple Fee-tayl at Term of life or of years at the will of the Lord according to the Custome of the said Mannor and the said Plaintif of the said Mannor with th' appurtenances whereof c. as aforesaid being seized the said Plaintif before the time aforesaid in which c. that is to say the twelfth day in the thirty sixt year of the Reign of H. 8. late King of England at F. aforesaid at the Court of that Mannor then there held at the said Mannor by one I. W. then his Steward there by Copy of Court Rolls of that Mannor granted the Tenements aforesaid with th' appurtenances in which c. the said Defendant to have to himself and his Heirs for ever To hold of the said Plaintif by a Rod at the Will of the Lord of that Mannor by the Rent and Service thereupon due and accustomed by virtue of which Grant the said Defendant into those Tenements with th' appurtenances in which c. before the foresaid time in which c. he entred and was thereof seized in his Demesn as of Fee at the Will of the Lord of the said Mannor according to the Custome of the said Mannor and he the Defendant being so thereof seized the said Defendant the foresaid time in which c. the Close and House aforesaid with th' appurtenances in which c. as the proper Close and House of him the Defendant did break and enter and the aforesaid Oak in and upon the said two acres of Land then growing as the proper Oak of him the Defendant did cut down and carry away as to him it was lawfull and this c. whereof c. ss AND the said Plaintif saith Plaintif confesseth the Defendant to be his tenant by Copy of Court Roll but saith that the same Defendant forfeited his estate to him by doing waâ—â— in cutting down an Oak of the age of ten years that he ought not to be precluded because he saith that well and true it is that he the said Plaintif is and at the time of the said Trespas done and long before was seized of the Mannor with th' appurtenances whereof c. in his Demesn as of Fee and that the aforesaid Messuage and two acres of Land with th' appurtenances are and at the foresaid time in which c. and also from the time of the memory c.
for the time being or to their certain Attorney four pounds Sterling at the four Terms in the year in the City of London usuall by equall portions as by that Writing here in Court shewed more fully it doth and may appear by vertue of which said Demise the said I. R into the said Messuage with th' appurtenances before the said time in which c. entred and was thereof possessed and so thereof being possessed the said John afterwards that is to say the fifteenth day of May in the sixth year of the Reign of the King that now is at the said City of London that is to say in the Parish of St. Swithin in the Ward of Walbrook London made his Will and by the same Will constituted and appointed one P. B. and N. S. Citizens and Cloth workes of London Executors of his said Will And afterwards and before the said time Lessee for years makes his Will and dyes and his term commeth to his Executors in which c. there dyed after whose death the said P. and N. as Executors of the said Testament into the said Messuage with th' appurtenances entred and was thereof possessed and the said R. H. claiming the said Messuage with th' appurtenances by colour of a certain Charter of Demise unto him thereof made for term of his life by the foresaid R. C. Rector of the said Church before the said Demise by the said B. C. thereof unto the said I. R. made in form aforesaid where none of that Messuage with th' appurtenances into the possession of the said R.H. by that Charter ever passed over into that Messuage with th' appurtenances before the said time in which c. he entred upon the possession of which said R. H. thereupon the said I. R. afterward that is to say the foresaid time in which c. into the said Messuage with th' appurtenances as servant of the said P. and N. and by their Command re-entred as to him it was lawfull to doe And this c. whereof c. ss AND the said R. Hartings saith Plaintif saith that the lands were appertaining to a Singing man and by Act in the Parliament of King Edw. 6. it came to the hands of the King and that the King gave the same lands unto one who sold them the Plaintif without that the said Rector Demised in manner and form c. Upon the Statute of the first of E. 6. for suppressing of Singing men of Colleges and free Chappels that he by any matters by the said I. above c. ought not to be precluded because he saith that well and true it is that the said R. C. Clerk late Rector of the said Church of St. Swithin in Candlewick-street London long before the said time of the foresaid Trespass done he was seized of and in the said Messuage with th' appurtenances in his Demesn as of Fee in the right of his said Church to the use to find a Chaplain to celebrate Divine Services in the said Church of St. Swithins for ever and so thereof being seized to the same use afterward and before the said time of the aforesaid Trespass done by an Act in Parliament of the Lord the now King held and begun at Westminster the fourth day of November in the first year of his Reign and from thence untill the twenty fourth day of December then next following continued and then and there begun it was Ordained and enacted by Authority of the same Parliament that all manner of Colleges free Chapels and Chanteries being and to be had within five yeers next before the first day of the fame Parliament which were not in actuall and reall possession of the said Lord H. late King of England the eighth Father of the Lord the now King neither in reall and actuall possession of the same now Lord the King Neither excepted in a certain Act in Parliament of the same Lord the Lord the King held at Westminster the said twenty third day of November in the thirty seventh year of his Reign other than such which by Commissions of the Lord the King in form afterwards in the said Act made in the first year of the said Lord the now King should be mentioned altered transposed or changed And all Mannors Lands Tenements Rents Tithes Pensions Portions and other Hereditaments and the matter mentioned in the aforesaid Act made in the first year of the said Lord the now King abovesaid appertaining unto them or unto any of them and also all Mannors Lands Tenements Rents and other Hereditaments and the other things in the said Act mentioned by any Assurance Will Devise or otherwise had made or acknowledged or declared given assigned limited or appointed to the sustentation of any Presbytery to have continuance for ever and with which or by which any Presbyter should be susteined maintained or found within five years next before the first day of the same Parliament of him the said Lord the now King which were not in actuall and reall possession of him the said Lord the now King And also all annuall Rents Profits and Emoluments at any time within five years next before the beginning of the same Parliament of the first year abovesaid deteined paid or gathered towards or for the Maintenance Supportation and Exhibition of any Stipendary Presbytery intended by any Act without writing to have continuance for ever by Authority of any Parliament immediatly after the Feast of Easter then next it should be adjudged and also it should be in true actuall and reall possession and seizin of the Lord the now King his Heirs and Successors for ever without any Office or Inquisition therof to be had or found and in as ample manner and form as the Presbyters Wardens Masters Ministers Governours Rectors and other Incumbents of them or any of them at any time within six years next before the beginning of the said Parliament of the said Lord the now King were had occupied or enjoyed or at that time they had occupyed and enjoyed the same And as if all and singular the said Colleges Free Chapells Chaunteries Stipendaries Salaries of Presbyters and the said Mannors Lands Tenements and all the Premisses whatsoever and every of them had been or were in the same Act specially particularly and certainly recited nominated and expressed by expresse words names Addition of names Corporations Titles and Faculties and in their own natures kinds and qualities as by the same Act more fully appeareth And the said R. H. saith that the said Messuage at the said time of the making and finishing of the said Act of Parliament of the said Lord the now King and continually before was applied and given to the sustentation of a Chaplain in the said Church of St. Swithins to celebrate Divine Service in the same Church And further the said R. H. saith that at the said time of making the said Act and before the said Messuage was not in actuall and reall possession of the said
late King Father of the Lord the now King neither in the actuall or reall possession of the Lord the now King neither excepted in the foresaid Act of the said late King or by any Commission of the Lord the now King altered otherwise disposed neither changed by pretence of which said Act of the said Lord the now King the same Lord the now King from the said Feast of Easter in the said Act specified was of the Messuage aforesaid with th' appurtenances seized in his Demesn as of Fee and so being thereof seized the said Lord the now King afterwards and before the said time of the aforesaid Trespass done by his Letters Patents the Date whereof is at Westminster the twentie first day of May in the third year of his Reign gave and granred and by his the said Letters Patents confirmed unto one I.H. B.B. the foresaid Messuage with th'arpurtenances among other Lands and Tenements to have hold and enjoy unto them the said I. and B. their Heirs and Assigns for ever by vertue of which said Grant they the said I. and B. were of the said Messuage with th' appurtenances seized in their Demesn as of Fee and so thereof being seized they the said I. and B. afterward and before the said time of the foresaid Trespass done that is to say sixth day of May in the year of the Reign of the Lord now King third at London aforesaid in the Parish and Ward aforesaid they gave and granted the said Messuage with th' appurtenances unto the same R. H. To have hold and enjoy the aforesaid Messuage with th' appurtenances unto the said R. H. his Heirs Trespas granted by Letters Patents of the King and Assigns for ever by pretence of which said Gift and Grant the said R. H. long before the said time in which c. into the said Messuage with th' appurtenances entred and was thereof seized in his Demesn as of Fee untill the said I. the day and year abovesaid in the said Declaration above specified with force and arms c. into the said Messuage with th' appurtenances broke in manner and form as he above c. against him complaineth Without this Without that that the said R. C. Demised Granted and to Farm let unto the foresaid I. R. the said Messuage with th' appurtenances in manner and form as the said I. above in pleading hath alleged and this c. VVhereupon from which the said I. the said Trespass above done acknowledged prayeth Judgement and his Damage by that Trespass to be adjudged unto him c. And the said as I. before saith that the said Richard C. Demised Granted and to farm let unto the aforesaid I. R. the said Messuage with th' appurtenances in manner and form as she hath alleged and of this putteth her self upon the Countrey c. ss AND the said G. B. by W. W. his Attorney commeth and defendeth the force and Injury when Defendant justifies that the place is parcel of the M. of R. and that he as Servant of the Lord of the Mannor broke the Close and so justifies c. and as to the coming with force and arms c. and also the whole Trespass aforesaid above supposed to be done besides the breaking of the said Close saith that he is not guilty and as to the breaking of that Close the said G. saith that no Action c. because he saith that the said Close and also the place in which the said Trespass is supposed to be done are and at the said time of the said Trespass supposed to be done were two hundred and fifty acres of Heath and Furzes with th' appurtenances in W. aforesaid called Waldringfield Heath which said two hundred and fifty acres of Heath and Furzes lye between a certain way called the Procession way of Mertlesham dividing the said Furzes of W. Heath and certain Furzes called Marlad Heath in part and Land called Ringland late J. Kingbils in part of the Furzes called Brightwill Heath Abâ—ttals and Dapdalewey in part upon the South and Land called Colecroft in part and Land lying in the Town of Martlesham and the Heath in Martlesham and the Dâ—tch called Fexall Ditch of the North part and one head of the said Heath called Waldringfield Heath abutting upon the terre Tenements appertaining to the Mannor of Rivershall and Waldringfield against the east and other two hundred and fifty acres of Heath and Furzes are and at the said time in which c. were parcell of the Mannor of Rivershall in W. aforesaid Which said Mannor is and at the aforesaid time in which c. was the ground and Freehold of one I. and M. by which the Defendant as the Servant of them said I. and M. and by their Command the Close aforesaid as the proper Close and ground and freehold of them the said I. and M. did break as to him it was lawfull and this c. whereof c. Plaintif saith that the place c. is not parcell of the M. of R. but that one I. P. was seized and so seized Demised two hundred acres of oâ— Land parcell of the hundred and fifty acâ—es in bar specifies the Plaintif to hold unto the Plaintiff at the Will of the Lessor ss NOT to he precluded because he saith that the said Close and also the places in which the said Trespass whereupon the said R. himself above in manner Complaineth was done are and at the time of that Trespass were two hundred acres parcell of the said two hundred and fifty acres of Heath and Furzes in barre aforesaid before specified whereupon long before the said time of the foresaid time done one I. P. was seized in his Demesn as of Fee and the said I. so being thereof seized the said I. before the said time of the said Trespass done that is to say such a day and year at N. in the County aforesaid Demised the said two hundred acres of Heath and Furzes with th' appurtenances unto the said R.W. To have and to hold the said two hundred acres of Heath and Furzes with th' appurtenances unto the said R. at the will of her the said Jane by vertue of the same Demise the said R. into the said two hundred acres of Heath and Furzes with th' appurtenances before the foresaid time of the said Trespass done entred and was thereof possessed untill the said G. B. at the time of the said Trespass done the foresaid Close did break in manner and form as the said R. himself above Without this and in manner complaineth Without this that the said two hundred acres of Heath and Furzes are and at the time of the said Trespass done were parcell of the Mannor of Rivershall in manner and form as the said G. B. before in pleading hath alleged and this c. Whereupon from that the said G. the Trespass aforesaid before acknowledging the said R. prayeth Judgement and his Damages by reason of that
the same Tenements with th' appurtenances unto the said Defendant to have unto the said Defendant from the same Feast of Saint Michael to the end of the Term of four years from thence next following and fully to be Compleated By vertue of which said Demise the said John was of the said Tenements possessed And the said Plaintif claimed the said Tenements with th' appurtenances by Colour of a certain Deed of Demise unto him thereof made for Term of his life by the said Thomasine Colour before the said Demise unto the said Defendant in form aforesaid made where nothing of those Tenements with th' appurtenances in the possession of them the Plaintifs by that Deed ever passed into the said Tenements before the said time in which c. they entred upon which said possession of the Plaintifs thereupon the said Defendant into the said Tenements in which c. at the same time in which c. claiming his said Term re-entred and the said Close in the same Tenements in N. did break and the grass upon the same Tenements then growing with the said Cattell did eat up and tread down as to him it was lawfull And this c. Whereupon c. And they the said Plaintifs say Plaintif allegeth a certain Conveyance unto him by the said T. Chelyn made for and in consideration of a certain Marriage that they by any matter before alleged from his said Action against him the said Defendant had ought not to be precluded because they say because that long before the said Trespass done the said T. Chelyn was seized of the said thirty acres of Land in N. aforesaid and of the hundred and thirty acres of wood with th' appurtenances in D. and N. aforesaid called the Mannor of Sholand in his Demesn as of Fee and so thereof seized long before the said Trespass done that is to say the sixt day of July in the Third year of the Reign of the said now King at Lynsted in the said County between the said T. C. and one William Morgan the then Son and Heir apparent of the said Thomasine and A. Hett it was agreed and covenanted that the said W. Morgan should take to VVife and marry the said A. and the said A. should take to Husband the said W. Morgan and the same Thomasine for Matrimony between them to be solemnized then and there covenanted and granted unto the said W. M. and Alice that they from the day of Matrimony between them to be solemnized should have and hold unto them and their Assigns for Term of their and either of their life as long as they live the said Tenements in D. and N. aforesaid and that the same Thomasine and all and singular other persons which then were or then afterward should be seized of and in those Tenements should stand and be thereof seized immediatly after the Matrimony between the said W. M. and Alice solemnized to the use of them the said W. M. and Alice to the Term of their or either of their life so long as they live and after the death of them the said W. and A. to the use of the said T. C. and her heirs and that the same Thomasine should make or procure to be made all and singular the said Tenements to be secured unto the said W. M. and Alice according to the form of the said Concord and Agreement when she should be thereunto requested And the said Plaintifs say that after the said Concord and Agreement in form aforesaid made that is to say the twenty sixth day of the said Moneth of July in the third year aforesaid the said Alice at Hern in the said County of Kent took to Husband the said W.M. and he took to wife the said Alice that the Matrimony solemnized and celebrated between them was according to the form and effect of the said Concord and agreement by and after which said Matrimony solemnized and consummated the said Thomasine was of the said Tenements with th' appurtenances in her Demesn as of Fee seized to the use of the said W.M. and Alice for the Term of their and either of their life so long as they live and she so therof being seized the said VV. M. and A. according to the form of the said Concord and Agreement the issues and profits of the said Tenements by the Sufferance of the said Thomasine from the said 26. day of July in the third year abovesaid until the 15. day of July the said W. M. at Feversham in the said County of Kent dyed and the said Alice him survived by which the said Thomasine was of the said Tenements with th' appurtenances seized in her Demesn as of Fee to the use of the said Alice for the term of her life and she the said Thomasine so thereof to that use being seized the said Alice after the death of the said VV. M. and long before the said Trespass done into the said Tenements entred and those Tenements with th' appurtenances afterwards that is to say in the day of the Nativity of St. John the Baptist in the twelfth year aforesaid an Hern aforesaid the said Plaintifs demised To have to them and their Assigns from the same day untill the end and Term of three years from thence next following and fully to be compleat by vertue of which Demise the said Plaintifs were of the said Tenements with th' appurtenances possessed untill the said Defendant at the time of the said Trespass done the said Close did break and the said grass in that Close then growing with the said Cattell did eat up tread down and consume in manner and form as they the said Plaintifs by their said Bill before against him doe Complain All and singular which matters they the said Plaintifs are ready to prove whereupon from what the said Defendant the said Trespass in N. aforesaid before hath acknowledged pray Judgement and their said Damages by occasion of the said Trespass to be adjudged unto them c. And the said Defendant protesting that it was not consented Protestation agreedâ— and covenanted between the said Thomsine and the said W.M. and Alice that the said VV. M. should take to VVise the said A. H. protesting also that the said Thomasine for the Matrimony between the said W. M. and A. to be solemnized did not Covenant nor grant to and with the said W. M. and Alice that they from the day of Marriage to be solemnized between them they should have and hold to them and their Assigns for the Term of their and either of their life so long as they live the said Tenements nor that the same Thomasine and all and singular other persons which were or then afterwards should be seized of and in those Tenements should stand and be thereof seized after the Matrimony between them the said W. M. and A. solemnized to the use of them the said W.M. and A. for the Term of their and either of their life
before himself now complaineth was done are and at the said time of that Trespass done were aswell the said place called the Dens in G. aforesaid as the said other place called the East Heath with the descending of the Cliff in G. aforesaid whereupon from which they the said R. and W. to the said Trespass in the said place called the East Heath with the descending of the Cliff before of new Assigned to be done doe not answer prayeth Judgement and his Damages by occasion of that Trespass to be adjudgâ—d unto him c. And as to the said Plea of the said R. B. before pleaded the same E. saith that he by any matter in the said Plea before alleged from his said Action against the said R. had ought not to be precluded because he saith that he himself at the time of the said Trespass done was seised in his Demesn as of Fee of and in the Mannor of G. in C. aforesaid whereof the said place called the Dens to the said time in which c. was parcell untill the said R. together c. the day and year aforesaid in the said Declaration before specified the Close of him the said E. aforesaid at G. aforesaid in the said place called the Dens within the said bounds and limits did break and his Grass to the value c. there late growing with his said Cattle by the time aforesaid was eaten up trodden down and consumed in what manner and form the same E. before against him complaineth Without this Without this that the said W. C. and all those whose Estate he hath in the said three Messuages and 16. Acres of Land in the Bar of the said R. before specified from the time of the contrary of which the memory of Man doth not remain had and accustomed to have common of pasture of and in the said place called the Dens in G. aforesaid within the bounds and limits aforesaid with all and all manner of his Cattle and living Creatures whatsoever in all time of the year as the said R. before in the said Bar hath alleged And this he is ready c. whereupon from what the said R. the said Trespass in the said place called the Dens done in G. aforesaid afore hath acknowledged prayeth Judgement and his Damages by occasion of that Trespass to be adjudged unto him c. And as to the said Plea of the said W. C. before pleaded the said E. saith that he by any matter in the same Plea before alleged The Plaintiff to the Plea of the other Defendant pleadeth as to the Plea of the first from his said Action against the said W. had ought not to be precluded because he saith that he himself at the said time of the said Trespass done was seised in his Demesn as of Fee of and in the said Mannor of G. whereof the said place called the D. is and at the said time in which c. was parcell untill the said W. C. together with c. the day and year aforesaid in the said Declaration before specified the Close of him the said E. aforesaid Without this at G. aforesaid c. as before Without this that the said W. C. and all those whose Estate he hath in the said two Messuages and two Acres of Land with the appurtenances from the time c. as before And this he is ready to prove whereupon from what c. as before One of the Defendants to the trespass of the new Assignment pleadeth not guilty to the other Plea maintaineth as before and Issue upon that And the said R. B. as to any Trespass in the said place called the East Heath with the descending of the Cliffin G. aforesaid of new Assignment made supposed to be done saith that he in nothing is thereof guilty And of this he puts himself c. And the said E. likewise c. And as to the said Plea of the said E. before in replying pleaded the said R. as before saith that he and all those whose estate he hath in the said 3. Messuages and 16. Acres of Land with the appurtenances from the time of which c. had and accustomed to have Common of Pasture of and in the said place called the Dens in G. aforesaid within the said bounds and limits with all and all manner of his Cattle and living Creatures whatsoever in all time of the year as the said R. before in his said Bar hath alleged And of this he putteth himself upon the Country And the said E. likewise c. And the said W.C. as to any Trespass in the said place called the East Heath with the descending of the Cliff in G. aforesaid of new Assignment supposed to be done saith that he in nothing is thereof guilty And of this putteth himself upon the Country and the said E. likewise c. And as to the said Plea of the said W. C. afore to the replying pleaded as before saith that he and all those whose Estate he hath in the said two Messuages and two Acres of Pasture with the appurtenances from the time of which c. had and accustomed to have Common of Pasture of and in the said place called the Dens in G. aforesaid within the bounds and limits aforesaid with all and all manner of his Cattle and living Creatures whatsoever in all time of the year as the said W. before in his said Bar hath alleged And of this putteth himself upon the Country and the said E. likewise therefore as well as to the trying of that Issue as the said c. Middles Declaration in trespass for taking and leading away of a horse Hill 22. H. 8. Roll 26. ss I. W. complaineth of R. W. in the custody of the Marshall c. of that that he in the Feast of St. Margaret the Virgin in the 21. year of the Reign of King Henry the 8. with force and Arms that is to say with Staves c. one Gelding of Colour black Gray of him the said I. of the price of 5. marks at W. in the County aforesaid found took and lead away And other Wrongs Defendant pleads that before the time of the trespas c. he was possessed of the horse c as of his proper horse and that certain Malefactors took the said horse out of his possession and it came to the hands of the Plaintif out of whose possession the Defendant took the horse as his own horse and so justifies c. to the Damage c. 10. marks And thereupon he bringeth his Suit c. And the said R. by W.T. his Attorney cometh and defendeth the force and wrong when c. And as to the comming with force c. or whatsoever thing c. Not guilty And as to the residue of the Trespass no Action c. because he saith that before the said time of the said Trespass supposed to be done the same R. was of the said Horse as of his
I. and B. But because it is not known to the Justices here what Damages the aforesaid W. hath susteined aswell by occasion of the Trespass aforesaid as for his Costs and Charges by him about his Sute in that behalf layd out c. Command is given to the Sheriff that by the Oath c. And the Inquisition which c. the Sheriff is to make appear here in eight dayes of St. Hillary under the Seal c. and the Seals c. At which day here came the aforesaid W. by his Attorney aforesaid And the Sheriffs to wit Humphrey Weld and Roger Clark now here Retorned a certain Inquisition taken before them at Guild-hall in the Citie of London situate in the Parish of Saint Lawrence in the Old Jury in the VVard of Cheap London the twenty sixth day of Aprill last past by the oath of twelve honest men c. by which it remains found that the aforesaid W. hath susteined Damage by occasion of the Trespass aforesaid over and above his Costs and Charges by him about his Sute in that behalf layed out to Fourty pounds and for those Costs and Charges to twenty six shillings and 8. pence Therefore it is considered that the aforesaid W. should recover against the aforesaid I. and B. his Damages c. Declaration in Trespass with a Continuance ss R. A. Complains of I. H. in the Custody of the Marshall of the Marshalsees c. for that that he the said I. the first day of October in the ninth year of the Reign of our Lord King James that now is by force and arms c. the Close of him the said R. called E. Conteining by estimation three acres lying and being in B. in the County aforesaid he did break and enter And his grasse there to the value of five pounds there then growing with walking up and down with his feet he did tread down and consume And other of his grass to the value of forty shillings there then likewise growing to the value of forty shillings with his Cattell that is to say with Horses Oxen Cows Hogs and Sheep he did eat up tread down and consume The Trespass aforesaid as to the treading down and consuming the grass aforesaid walking with his feet from the aforesaid first day of October in the ninth year aforesaid unto the day of the obtaining of this Bill to wit the ninth day of October in the ninth year aforesaid by divers dayes and seasons continuing And other harms to him he then and there did against the Peace of our said Lord the King that now is and to the Damage of him the said R. of ten pounds And thereupon he brings his Sute c. ANd they the said T N and J by H F Justification in trespass for that the tenâ—ments in which c. were customary lands and were granted by copy of court roll unto K. Joane and John and to either of them as long as they live and after that R. and John dies and afterwards the said Ioane took to â—usband one T. now one of the Defendants c. his Atttorney cometh and defendeth the Force and Wrong when c. And as the coming with force and armes c not guilty c and at to the residue of the said Trespasse afore supposed to be done they the same T and N say that the said C no action because he saith that the said Close and also the places in which the said Trespasse is supposed to be done are and at the said time of that Trespasse supposed to be done were one Messuage and halfe a yard of Land with the appurtenances in R. aforesaid which said Messuage and halfe a yard of Land with the appurtenances are and at the said time in which c and also from the time of which contrary c were parcell of the Mannor of B in the said County of which said Mannor with the appurtenances one T W late Prior of the late Priory of the Blessed M. of B in the said County late dissolved before the said time in which c. was seized in Demesne as of fee in the right of his said Priory and that the said Tenements with the appurtenances whereof c are and at the said time in which c. and also from all the said time were demised and demisable by Copy of Court Roll of the said Mannor by the Lord of that Mannor or by his steward of the Court of the same Mannor for the time being unto whatsoever person or persons willing to take the same in fee simple fee tail for Tearm of life or years at the Will of the Lord according to the custome of the said mannor and the said Prior of the said mannor with the appurtenances so 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 held at the said mannor on VVednesday in the vigills of Saint George the martyr in the 24. year of the Reign of the late Lord Henry King of England after the conquest the eighth by one T C Knight then his steward of the Court of his said mannor granted the said Tenements with the appurtenances whereof c. unto one R J and the aforesaid Johanne to have and to hold to them the said Richard Johanne and John to the tearm of their and either of their Life 's as long as they live successively by copy of court Roll of the said mannor at the will of the Lord according to the Custome of that mannor by colour of which said grant the said R I. and I. were seized in the said Tenements with the appurtenances in their demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor and they the said R. and J. afterwards and before the said time in which c died and the said Iohanne them survived and held her selfe in the said Tenements with the appurtenances in her demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor by the Right of increase Right of increase and she the said I. so thereof being seized the same I. before the said time in which c. took to husband him the said T. N by which they the said T. and I. were and as yet are 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 And the said C. claiming the said Tenements by colour of the same Grant of copy of court Roll unto him thereof made for tearm of his life by the said late Prior long before the said Grant by the same late Prior thereof unto the said R. I. and I. in form aforesaid made Colour by copy of court Roll. where nothing of the said Tenements with the appurtenances in the
J. G. in his life for tearm of his life where nothing of the said Tenements with the Appurtenances into the Possession of him the said W. A. by that Deed ever passed into the said Tenements with the Appurtenances entred Upon the Possession of which said W. A. thereupon the said J. F. in his proper Right claiming his said Tearme and the said M. and W. P. as Servants of him the said J. F. and by his command at the said time in which c. into the said Tenements with the Appurtenances peaceably and quietly now have entred Verification of a Lease for anothers life as unto them it was lawfull without this that they the said J. F. M. and W.P. will prove that the said J. have in her full life remaineth that is to say at T. in the County aforesaid without this that they the said I. F.M. and W. P Traverse to the Delaration upon the Statute of forcible entry that it was not with force against the form of the Statute c. Plaintiff faith that certaine strangers were seized c. and so seived by fine acknowledged before the Justices of the said Lord the Kings Bench acknowledged the Tenements to be of his the plaintifs by pretence of which the Plaintiff entred and was thereof seized c. untill c. Fine acknowledged of the moiety of a messuage c. Conveyance of a Title by fine at the said time in which c. into the said tenements with the appurtenances with Force and armes aforesaid entred against the form of the said statute in manner and form as the said W. A. before against them complaineth and this c whereupon they pray Judgement if an Action c ANd the said W. A. saith that he by any matter by the said I. F. M. and W.P. c. not to he precluded c. because he saith that long before the said time of the said entry made one I.H. and I. his wife and T. C. and B. his wife were of the moiety of the said Tenements with the appurtenances seized in their Demesne as of Fee and them the said I.H. and I.T.B. and B. of that moiety of the said tenements with the appurtenances so being seized they the said I. H. and the rest afterwards that is to say from the day of Easter in fifteen dayes in the sixth yeare of the Raign of the now King Edward the sixth before E. Mountaine C.I. H. and E.M. Justices of the said Lord the King personally came and acknowledged the moiety of the said Lands with the appurtenances by the name of the moiety of one messuage of one Garden and fourteen acres of Land with the appurtenances in I. aforesaid to be the right of him the said W. A. as those which the said W. A. had of the gift of the said I.H. and I T B. and B. and they remised and quite claimed from them the said J. J. T. and B. and the heirs of them the said I. and B. unto the said W. A. and his heirs for ever by pretence whereof the said W. A. of the moiety of the said Tenements with the appurtenances entred and was thereof seized in his demesne as of Fee untill the said I. E. into the said tenements with the appurtenances entred and him the said W. A. of the moiety of the same Tenements with the appurtenances unjustly and without judgement unjustly disseised by which the same I. was of the moiety of those Tenement aforesaid with the appurtenances seized by disseisin and shee the said I by that disseisin so thereof being seized the same I. before the said time of the said entry made that is to say the said twentieth day of September in the sixth year of the Raign of the said now King Edward the sixth at J. aforesaid demised the said Tenements with the appurtenances unto the said I. F. now one of the Defendants to have and to hold unto the same I F. his Executors and assignes from the said Feast of Saint Michaell the Arch-Angell from thence next following untill the end and tearm of one year from thence forth next following and so from year to year as long as the said both Parties should please by virtue of which said Demise the said I. F. into the said Tenements with the appurtenances entred and was thereof Possessed in manner and form as the said I. F.M. and W P above in Pleading have alleadged upon the Possession of which said I. F. thereupon the said W. A. before the said time of the said Entry made into the Moiety of the said Tenements with the appurtenances entred and was thereof seized in his Demesne as of Fee untill by the said I. F.M. and W.P. of the said moiety of the said Tenements Avermenn that 2 parties and one moiety of those said lands are one and not diverse with Force and Armes and with the said main strength in form aforesaid was disseized in manner and form as the same W. A by his said declaration before against them have declared and this he is ready to prove together with this that the said moiety of the said Tenements in the said Fine contained and the said two Parts in the said Declaration specified in which the said Entry is supposed are one and the same and not others nor divers whereupon from which the said I. M. and W.P. the said Entry and disseisin before done acknowledging the same W.A. as well for the King as for himself prayeth judgement and his damages by occasion of that Entry and disseisin to be adjudged unto him c. ANd they the said I. F.M. and W.P. as formerly say that long before the said time of the said Trespasse before supposed to be done the said J. G. in the said Barr before named was seized of the said Tenements with the appurtenances in his Demesne as of Fee and he the said I. G. so of those Tenements with the appurtenances being seized the same I G. before the same time in which c that is to say the said twenty eighth day of October in the year of our Lord one thousand five hundred forty and one at I. aforesaid made his last will and by the same willed that the said I. his Wife should have the said Tenements with the appurtenances to the tearm of the life of her the said Iohanne so that after the decease of her the said Johane those Tenements with the appurtenances should remain unto the aforesaid I. R. and his heirs for ever and afterwards and before the said time in which c. the same I G. at I. aforesaid dyed after the death of which said I. G. the said I. into the said Tenements with the appurtenances by virtue of the said last wil entred and was thereof seized in his demesne as of free-hold And she the said I. so thereof being seized the same I. before the said time in which c. that is to say the said 20 day of September in the
to say the first day of August in the first year of the Reign of the said now King Edward the sixth at Alhallowes aforesaid demised the moiety of the said Tenements with the appurtenances unto the said John Wood to have and to hold the same moiety of the said Tenements with the appurtenances unto the said J.W. and his Executors from the said first day of August untill the end and tearm and for the Tearm of twelve yeares from thence forth next ensuing and fully to be compleated by vertue of which said demise the said J.W. into the moiety of the said Tenements with the appurtenances entred and was thereof possessed untill the said S. him the said J. W of the moiety of those Tenements with the appurtenances thrust out and the said A. B. of the same unjustly and without judgement disseised upon the possession of which said S. thereupon the said J. Wood before the said time of the said Trespasse done claiming his said tearm of and in the same into those Tenements with the appurtenances entred and was thereof possessed by virtue of the said Demise untill the said S. afterwards that is to say at the said time of the said Trespasse done the said Close did break Without this and the said Cattell then and there did take and the same in form aforesaid impounded in manner and form as the same J. Wood before against him himselfe complaineth without this that the said R S. was seized of the said whole tenements with the appurtenances in manner and form as the said S. above in his said Barr hath alleadged and this c. whereupon from which the same S. the said trespasse before acknowledging prayeth judgement and his damages by occasion of that trespasse to be adjudged unto him c. ANd the said S. as before saith that the said R.W. was seized of the said whole tenements with the appurtenances in manner and form as the same S. before in pleading hath alledged and of this he putteth himself upon the Country c. Justification of Trespasse for Lands in Gavel-kinde AND the said G. W. by R.H. his Attorney cometh and defendeth the force and wrong when Kent Justification in Trespasse for that that the Tenements were of nature of Gavel-kind in the County of Kent c. and as to the coming with force and armes c. not guilty and as to the residue of the said Trespass before supposed to be done the same G. saith that the said E. and A. no action because he saith that the said Close called R. otherwise B. doth contain and at the said time of the said Trespasse before supposed to be done did contain eighteen acres of land and wood with the appurtenances of which said Tenements with the appurtenances long before the said time in which c. one E.W. the Elder Grand-Father of the said G.W. the now defendant was seized in his demesne as of fee and him the said G.W. the grand-father of those Tenements with the appurtenances so being seized the same G.W. the Grand-Father before the said time in which c. died thereof by protestation seized after th death of whichsaid G.W. the G-F those Tenements w th the appurtenances for that they are of the tenure and nature of gavelkind in the said county and that all Lands and tenements of the same Tenure and nature in the same county from the time the contrary of which memory c. were parted and partable between the heirs males did discend to T W. as Son and Co-heir of the said G. the Grand Father and unto the aforesaid G. the now Defendant and R.W. his Brother and Margery Bedell as Kinne and Co-heir aforesaid of the said G. W. their Grand-Father that is to say unto the aforesaid G. the now Defendants and to the said R. his Brother as Sonnes and heirs of one R.W. one of the Sons and Co-heirs of the said G. W. the elder and unto the aforesaid T.W. as another of the sons and Co-heirs of the said G. the said G.W. the now Defendants Grand-Father and unto the said Margery as the Son of A. another of the Sons and Co-heirs of the same G.VV. the Grand-Father Discent By vertue of which the said G.VV. the now Defendant and the said R. VV. his Brother into the said Tenements with the appurtenances before the said time in which c. entred and were and as yet do thereof remain thereof seized in their demesne as of Fee and the same Tenements with the appurtenances do hold In common and undivided and at the time of the said Trespasse supposed to be done and at the day of the filing of the said Bill that is to say the tenth day of October in the sixth year of the Reign of the said now King held in common and undivided with the said Edward and Alice who the pur-party of the said Margery of and in the said Tenements do hold from the said Day of filing of the said Bill they have holden for tearm of years then during from the demise of the said Margery and one John Bedell her husband And this c. Whereupon he prayeth Judgment if an Action c. NOt to be precluded because he saith Plaintiff saith that the said G.W. the Grand-Father infeossed one A.W. his Sonne which said A. had issuee Margery W. and dyed unto which said Margery the Tenements discended in the right of an heir and the same Margery tooke to husband one J.B. and the said J.B. and M. demised the Tesements unto S.S. and A. his wife now one of the Defendants and afterwards the same S.S. dyed and the same A took to husbanb the said E. now one of the plaintiffs by vertue of which said demise they the said E. entred that well and true it is that the said G.VV. the Grand-Father in the said Barr before named was seized of the said Tenements with the appurtenances in his demesne as of Fee in manner and form as the said G. the now Df. before in pleading hath alleadged and that the same G.VV. the Grand-Father so thereof being seized before the said time of the said trespas done of the said tenements with the appurtenances infeoffed the said A.VV. his Son to have the same Tenements with the appurtenances unto the same A. and his heirs for ever by vertue of which said Feoffment the same A.VV. was seized of the said Tenements with the appurtenances in his Demesne as of Fee and him the said A. of the said Tenements with the appurtenances so being seized the same A. of those Tenements with the appurtenances died seized after the death of which said A. the said Tenements with the appurtenances discended unto Margery VVallis Daughter and heir of the same A. by vertue of which the same M. into the said Tenements with the appurtenances long before the said time of the said trespas done entred and was thereof seized in her demesne as of fee and she the said
c. into the possession of him the said R. by that deed ever passed into the said Mannor with the appurtenances whereof c. before the said time in which c. entred upon the possession of which said R. thereupon the said S afterwards that is to say at the said time in which c. into the said Mannor with the appurtenances whereof c. claiming the said Tearm then to come of and in the same re-entred and the said Close as the proper close of him the said S. then and there did break and the said grass as the proper grasse of him the said S. then and there growing with his cattell did eat up tread and consume as unto him it was lawfull and this c. whereupon c. Judgement if action c. NOt to be precluded because he saith that well and true it is that before the said time of the said Trespas done the said late Master and fellowes of the said late Colledge were seized of the said Mannor with the appurtenances whereof the said hundred acres of pasture with the appurtenances in which the said Trespas was done are and at the said time of the said trespas done and also from the time the contrary of which memory c. were parcell in his Demesne as of fee and so thereof seized they the said Master and fellows before the said time of the said trespas done and before the said demise of the said Mannor with the appurtenances whereof c. unto the aforesaid S. in form aforesaid made that is to say the last day of January in the twentieth year of the Raign of the said late King at E. in the said county of N. by their certain Deed with the common Seal of the same late Master and fellowes Sealed whose date is the same day and year did demise and to farm let unto one E.B. and the said S. the said mannor with the appurtenances whereof c. to have and to hold to the same E. and S. from the feast of the invention of the holy Crosse from thence forth next insuing untill to the end and Tearm of â—fty years from thence next following and fully to be compleat in manner and form as the said S. in his bar before in pleading hath alleadged And further the same R. saith that by a certain Act in Parliament of the Lord Henry the eighth late King of England Father of the said now King at Westminster in the county of Middlesex the twenty eighth of Aprill in the thirty first year of the Raign of him the late King began and there then held and continued untill the twenty eighth day of June then next following amongst other things it was enacted ordained and established by him the late King and the Lords spirituall and temporall and also the commonalty in the same Parliament then assembled and by the authority of the same that not only all late Monasteries Abbyes Priories Monks Houses Colledges Hospitalls Fryers Houses and other Religious and Ecclesiasticall Houses and Places Scites Circuits Precincts Mannors Demesnes Granges Messuages Lands Tenemenss Meadowes Pastures Reversions Services Woods Tythes Pensions Portions Rectoryes Appropriations Vicaridges Chappell 's Advowsons Patronages Annuities Interests Entries Conditions Commons Courts Leets Liberties Priviledges Franchises and all the rest of the Hereditaments whatsoever henceforth immediatly and then presently but also all other Monasteries Abbyes Priories Monks Houses Colledges Houses of Monks Colledges Hospitalls Fryers houses and other religious and Ecclesiasticall houses and Places which from thenceforth afterwards should happen to be dissolved suppressed renounced forsaken forfeited surrendred or in any other manner come to the Kings most excellent Majesty and also all Scites Circuits Precincts Mannors Demesnes Granges Messuages Lands Tenements Mannors Pastures Rents Reversions Services Woods Tythes Pensions Portions Rectories Appropriations Vicaridges Churches Chappell 's Advowsons Nominations Patronages Annuityes Rights Interests Conditions Commons Court Leets Liberties Priviledges Franchises and other Hereditaments whatsoever belonging or appertaining unto them or any of them whensoever as often as they should be dissolved suppressed renounced forsaken forfeited surrendred or by any other means should come unto the Kings Excellency they should be vested deemed and adjudged by the authoriry of the same Parliament in the true actuall and reall seizin and possession of the said late King his heirs and Successors for ever in the State and condition as at the making of the same act then were and even as all the said late Monasteries Abbyes Priories Monks Houses Colledges Hospitalls Fryers Houses and all religious and Ecclesiasticall houses and places so dissolved suppressed renounced forsaken forfeited surrendred or come to the Kings Excellency as it is before said as also the said Monasteries Abbies Priories Friers Houses and all Religious and Ecclesiasticall Houses and Places which then afterwards should happen to be dissolved suppressed renounced forfeited surrendred or become to the Kings Excellency the Scites Circuites Precincts Mannors Demesnes Granges Lands Tenements and the rest of the Premises whatsoever should be in the same Act specially and particularly recited nominated and expressed by expresse Words Names Titles and Faculties in their kindes natures and qualities And further it was enacted by the said Authority that if any Abbot Prior Prioresse or other Ecclesiasticall Governor or Governesse of any Monastery Abbey Prior Monks House Colledge Hospitall Friers House or other Religious Houses or Places which then afterwards should happen to be dissolved suppressed renounced forsaken forfeited surrendred or come to the Kings Highnesse within one yeare next before the first day of the same Parliament had made or from thence afterwards should make any Demise or Grant under their Conventuall or common Seale or otherwise for tearm of yeares or life or lives of the Scite Circuit and Precinct of their aforesaid Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or other Religious or Ecclesiasticall House or Place or of any part of them or of any Mannors Messuages Lands Tenements Rectories appropriate Tithes Pentions Portions or other Hereditaments belonging or pertaining to their aforesaid late Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or Religious or Ecclesiasticall House or Place Which Mannors Messuages Granges Lands Tenements Rectories appropriate Tithes Pentions Portions and other Hereditaments whatsoever had not been before the same Demise commonly used to be let nor set to Farm but kept and reserved in the manurate Tillage or Occupation of the aforesaid Governor or Governesse for Maintenance of Hospitality and good House keeping or within one yeare next before the first day of the same 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 whereof and in which the State or Interest for tearm of life yeare or yeares at the time of the making any
Marsh called forty acres is in Seasalton aforesaid and not in the parish of H. by protestation also that the aforesaid E. was not seized of the aforesaid forty acres of Marsh nor demised them to him the said Prior in form aforesaid and not acknowledging any thing by the said T. A. R. and which is above alledged to be true For plea saith that the said T. A. R. and others are guilty of the Trespasse aforesaid in Seasalton aforesaid in the form wherein he the same Prior above against them complaineth and this he praies may be enquired of by the Country and the aforesaid T. A. R. and others in like manner c. ANd the aforesaid W.T. and T.C. by W.R. their Attorney come and defend the force and injury when c. Justification in Trespasse for a â—erriot Custome And as to the coming by force and armes c. or whatsoever c. not guilty And as to the taking of the Oxe aforesaid they the said W. and T. say that the aforesaid Administrator ought not to have his Action aforesaid against them Because they say that long before the aforesaid time wherein the aforesaid I. the Testator c. was seized of twenty acres of Lands with the appurtenances in B. aforesaid in his demesne as of Fee And being so thereof seized held the same twenty acres of Land with the appurtenances of Thomas Bishop of London as of his Mannor of Boughton Aylusse in the County aforesaid by fealty and rent of 12 d. by the year that is to say at the Feast of St. Andrew the Apostle 3 d. thereof and at the feasts c. 3 d. thereof residue by equall portions yearly to be paid And by the service of doing Suit to the Court of the said Bishop of his Mannor aforesaid from three weekes to three weekes at Boughton A. aforesaid to be held and by the service of rendring after the death of each Tenant dying thereof seized and after each alienation of the same twenty acres of Land in fee made by way of releife three pence one farthing and the third part of one farthing And by the service of rendring to the aforesaid Bishop after the death of each Tenant dying of the aforesaid twenty acres of Land seized the best living beast of the same Tenants at the time of his death in the name of a Herriot of which said services the same Bishop was seized by the hands of the aforesaid Testator as by the hands of his true Tenant and otherwise thus That the aforesaid Bishop and all his Ancestors and all they whose estate the same Bishop hath in the aforesaid Mannor of B A. with the appurtenances have had and time out of minde were accustomed to have of all and all manner of Tenants of the Mannor aforesaid and of each Tenant of the same Mannor whose Lands or Tenements of the Lord of the Mannor aforesaid as of the same Mannor holdeth and these Lands or Tenements or any parcell thereof so held he alienateth to any person or persons in fee notice thereupon in the life time of him who alienateth those Lands or Tenements by them or by him to which or to whom such Lands or Tenements should be sold to the Lords of the said Mannor for the time being being not given or made after the death of such Tenant so alienating the best living beast which was his the said Tenants so alienating at the time of his death by the name of a customary Herriot And the aforesaid W. and I. say that the aforesaid I.S. the Testator c. was seized of the aforesaid twenty acres of land with the appurtenances in his demesne as of Fee and being so thereof seized enfeoffed T.S. and I.S. of the same twenty acres of Lands with the appurtenances of the aforesaid Bishop in forme aforesaid then being held to hold to them their heirs and assigns for ever By vertue of which said Feoffment they the said T.S. and I.S. were thereof seized in their demesne as of Fee and the aforesaid J.S. the Testator afterwards dyed No notice by the same T.S. and I.S. or either of them of that Feoffement to the aforesaid Bishop at the time of the said Feoffement then as yet being Lord of the Mannor in the life of the aforesaid J.S. the Testator being given or made and the aforesaid W. and T. further say that the aforesaid I. S. the Testator at the time of his death was possessed of the Oxe aforesaid as of his proper Oxe which then was his best living beast at the time of his death By means whereof they the said W. and T. as the servants of the same Bishop and by his command the aforesaid time wherein the Trespasse aforesaid was supposed to be made The Oxe aforesaid as the best living Beast which was the aforesaid I.S. the Testator at the time of his death in the custody of the aforesaid Administrators at B. A. aforesaid there found in the name of a customary Herriot they took and led away as it was lawfull for them to doe And this c. whereupon c. AND the aforesaid I.T.S. and I. Administrators c. say The Plaintiffe sayes by Protestation that the Lands were 〈◊〉 held by such or so many services put c. for Plea that they did the Trespasse de injuria propria and traverse the custome that they levy any thing c. ought not to be debarred from having their action aforesaid against them because by Protestation that the aforesaid twenty acres of Lands are not sold of the aforesaid Bishop by such nor so many services as the aforesaid W. and T. above have alleadged for Plea they say that the aforesaid W. and T. the day and year aforesaid by force and armes of their proper injury the Oxe aforesaid out of the possession of the Administrators aforesaid at B. aforesaid found they tooke and led away as the same I. T. S. and I. above against them complaine without that that the aforesaid Bishop and his Ancestors and all they whose estates the same Bishop hath in the aforesaid Mannor with the appurtenances were and from the whole time aforesaid were used and accustomed of all and all manner of the Tenants and of every Tenant of the Mannor aforesaid who holds Lands or Tenements of the Lord of the Mannor aforesaid as of the same Mannor And those Lands or Tenements or any parcell thereof so held shall have sold to any person or persons in Fee notice thereof in the life of him who shall so have alienated those Lands and Tenements by him or them to which or to whom these Tenements shall be sold unto the Lord of the same Mannor for the time being not being given or made after the death of the Tenant so alienating the best living beast which was of his the said Tenants so alienating at the time of his death in the name of a customary Herriot as the aforesaid W. and T. above hath
alleadged And this c. Whereupon for that the same VV. and T.C. the taking of the Oxe aforesaid above acknowledge they pray judgement and their damages upon that occasion to be adjudged unto them c. Issue upon the Herriot custome AND the aforesaid W. and T. say that the aforesaid Bishop and all his Ancestors and all they whose estates he the said Bishop hath in the Mannor aforesaid with the Appurtenances hath had and from the whole time aforesaid were used and accustomed to have of all and all manner of Tenants of every Tenant of the Mannor aforesaid who held Lands or Tenements from the Lord of the Mannor c. as of the same Mannor and doe alien those lands and Tenement or any parcel thereof to any person or persons in Fee Notice thereof in the life time of him who shall so sell those Lands or Tenements by them or by him to which or to whom those Tenements shall be sold to the Lord of the same Mannor for the time being not being given and made after the death of such Tenant so alienating the best living beast which was his the said Tenant so alienating at the time of his death in the name of a customary Herriot as the same W. and T. above have alleadged And of this they put themselves upon the Country c. AND the aforesaid R.J. A.E. J.C. and R.L. by R. G. their Attorney come and defend the force and injury Some of the Defendants plead not guilty and others justifie for that the place in which c. is the Kings highway Trin. 16. Hen. 7. Rol. 35. whom c. And the aforesaid R.I. A.E. and R. say that they are in nothing guilty c. And of this c. And the aforesaid Plaintiffe in like manner c. And the aforesaid J.C. as to the comming with force and Armes c. as also the whole trespasse aforesaid besides the breaking of the Close aforesaid saith that he is in nothing guilty c. And as to the Trespasse aforesaid of breaking the Close aforesaid supposed to be done the same I.C. saies that the aforesaid Plaintiffe ought not to have his action aforesaid against him because he sayes that the place in which the Trespasse aforesaid is supposed to be made is and at the time wherein c. was seven Acres of Land called Otefield-brook with the Appurtenances in W. aforesaid whereof the said I. C. at the time of the Trespasse aforesaid supposed to be made and long before the said time was seized in his Demesne as of Fee Over which said seven Acres of Land with the Appurtenances is and from time out of minde was the Kings common high-way tending and leading from the Kings way there called the Ashford high-way unto the Village of Adelsford in the County aforesaid containing in breadth eight foot that is to say as well for horsemen as for foot-men there by the same way willing to ride or journey And further he the same I.C. saies that he the aforesaid time wherein c. did ride and travell from the aforesaid Kings way called Ashford high-way unto the village of A. aforesaid over the aforesaid seven Acres of Land using that high-way of the Kings there as it was lawfull for him to do which said riding by that high-way of the Kings over the aforesaid seven Acres of land is the same breach of the Close whereof the aforesaid I. C. above complaines c. And this c. whereupon he prayes judgement whether the action c. And the aforesaid Plaintiffe sayes that he ought not to be debarred from having his action aforesaid against the aforesaid I. C. because hee saith that the foresaid I. C. together with c. the day and yeer aforesaid by Force and Armes aforesaid of his proper injury the Close aforesaid in the aforesaid seven Acres of land did breake and also his grasse upon the same seven Acres of Land then growing with the cattell aforesaid did eat up tread down and consume in manner and forme as the same I. C. above now complaineth VVithout that that there is The Traverse or from the aforesaid time out of minde c. there was a common Kings high way tending and leading from the Kings high-way there called Ashford high-way unto the village of Adelsford as well for horsemen as for footmen over the aforesaid seven Acres of Land in manner and forme as the aforesaid I. C. above by pleading hath alleadged And this c. VVhereupon for that the same I. C. the Trespasse aforesaid of breaking the Close aforesaid above acknowledgeth he prayes judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid I.C. as formerly saith that there is Issue upon the Traverse and from the said time out of minde c. there was a common Kings high-way tending and leading from the aforesaid high-way called Adelsford high-way unto the village of Adelsford aforesaid as well for horse-men as for footmen over the aforesaid seven acres of Land with the appurtenances in manner and forme as the aforesaid I. C. above by pleading hath alleadged And of this hee puts himselfe upon the Country and the aforesaid Plaintiffe in like manner c. The Defendants plead that a stranger was seized c. And Enfeoffed certaine c. And justifie the Trespasse as servants to the Feoffees Paschae 19. Hen. 7. Rol. 60. AND the aforesaid T. and VV.B. by T.S. their Attorney come and defend the force and injury when c. And as to the coming by force and armes or whatsoever c. not guilty And as to the residue of the Trespasse aforesaid supposed to be done the same T.A. and VV. say that the aforesaid T.R. ought not to have his action aforesaid against them because they say that the place in which the Trespasse aforesaid is supposed to be done is and the aforesaid time wherein c. was one Garden three Crofts of Land containing twelve acres of Land and one Pagholl in L. aforesaid whereof one E.B. long before the said time wherein c. was seized in his demesne as of Fee And so being thereof seized by his certaine Deed indented long before the said time enfeoffed F.A. and I.R. to have and to hold to them and their heires for ever By vertue of which said Feoffement they the said R. and I. long before the aforesaid time Colour by Feoffement wherein c. were thereof seized in their demesne as of Fee And the aforesaid T.R. claiming the Tenements aforesaid with the appurtenances by colour of of a certaine demise to him thereupon made for terme of his life by the aforesaid Edmond long before the aforesaid Feoffement to them the said F. and I. made where nothing of the aforesaid Tenements with the appurtenances into the possession of him the said T.B. by that Deed ever passed into the same Tenements with the appurtenances long before the said time of the
Trespasse aforesaid supposed to be done entred upon which said T.B. possession thereupon the aforesaid T. A. and W. as the servants of them the said F. and I. and by their commandement the aforesaid time wherein c. into the same Tenements with the appurtenances re-entred and the close aforesaid then there broke and the corne and grasse then there growing did tread downe and consume continuing that treading downe and consumption in forme aforesaid as it was lawfull for them to do And this c. Whereupon c. Whether action c. The Plaintiffe Assigns Trespasse anew AND the aforesaid T.R. sayes that he by any thing by the aforesaid T.A. and VV. pre-alleadged ought not to be debarred from having his action aforesaid against them of the Trespasse aforesaid made because he saith that the place in which the Trespasse aforesaid whereof he above now complaineth is and the said time wherein c. was two hundred acres of Lands in R aforesaid called Fatherfeild Thistlecrosse and Churchfield other then the Tenements aforesaid in the aforesaid barre of them the said T.A. and VV. specified VVhereupon for that the aforesaid T.A. and VV. to the Trespasse aforesaid in the aforesaid two hundred acres of Land answer not he prayes judgement and his damages by occasion of that Trespasse to be adjudged unto him c. ANd the aforesaid T.A. and W. as to the trespasse aforesaid in the aforesaid two hundred acres of land anew assigned supposed to be done The Defendants justifie the Trespasse in the lands anew assigned for certain way from their houses to the Church say that the aforesaid T.R. ought not to have or maintain his action aforesaid against them c. because they say that the aforesaid T.A. and W. are and the aforesaid time wherein c. were seized of one Messuage with the appurtenances in R. aforesaid in their demesne as of Fee and that they and all those whose estate the same T.A. and W. have in the same Messuage with the appurtenances were accustomed to have a certaine way from the said Messuage unto the Parish Church of R. over and upon the aforesaid two hundred acres of Land from the time out of mind c. By which the same T.A. and W. the aforesaid time wherin c. into the aforesaid two hundred acres of Land entred using their way aforesaid in the same as it was lawfull for them to doe which is the same trespasse of breaking the Close aforesaid and treading downe and consuming the grasse aforesaid in the same two hundred acres of Land whereof the aforesaid A. B. above against them complaineth And this c. whereupon they pray judgement whether the aforesaid T.B. ought to have and maintaine his action aforesaid against them c. ANd the aforesaid T.B. saies that he by any thing before alledged ought not to be debaâ—red from having his action aforesaid against them The Plaintiff by protestation saies the Defendant had no way for plea that they trod down the grasse out of the way because by protestation that the aforesaid T. A. and W. and all they whose state the same A.T. and W. have in the Messuage aforesaid have not had nor were accustomed to have the way aforesaid from the Messuage aforesaid to the Church aforesaid over and upon the aforesaid two hundred acres of Land in the aforesaid last bar specified from the time out of mind c. as they above by pleadings have alledged for plea he sayes that he the same T.B. was of the aforesaid two hundred acres of Land with the appurtenances long before the said time wherein c. seized in his demesne as of Fee untill the aforesaid T. A. and W. by force and armes aforesaid the Close aforesaid in the aforesaid two hundred acres of Land did breake and the come and grasse aforesaid out of that way growing did tread downe and consume in manner and forme as the same T. B. above by pleading hath alledged and this c. whereupon he prayes judgement and his damages by occasion of that trespasse to be adjudged unto him c. ANd the aforesaid T.A. and W. as to the trespasse aforesaid out of the way aforesaid in the aforesaid two hundred acres of Lands supposed to be made say that they are nothing thereof guilty And of this they put themselves upon the Country and the aforesaid T.B. in like manner c. The Defendants justifie the taking of a Mortuary by vertue of a Demise to them of the Rectory c. Trin. 21. Hen. 7. Rol 62 ANd the aforesaid R. P. and W. P. by A. B. their Attorney come and defend the force and injury when c. and as to the coming by force and armes or whatsoever c. not guilty c. and as to the residue c. the same R. and W. say that the aforesaid plaintiffe ought not to have his action c. because they say that one L. Prior of the house and Church of the blessed Mary and St. Thomas the Martyr of the now place near Guilford is and the said time wherein c. was Parson imparsonate of the Church of Ewel aforesaid and that he and all his Predecessors Priors of the house aforesaid from the time out of minde c. were Parsons of the same Church imparsonate in the same And that he and all his Predecessors aforesaid Parsons of the Church aforesaid by the whole time aforesaid were used and accustomed to have of every person within the Precinct of the Parish of Ewel aforesaid dying to whom the Sacraments and holy things at the time of his death are administred or administrable one living Beast of the same so dying person if the same dying man have beasts at the time of his death or before or the best thing of him the said so dying man if he have no living beasts at the same time in the name of a Mortuary for the holy things to him so dying to be celebrated And that the aforesaid Prior and all his Predecessours aforesaid Parsons of the Church aforesaid from the whole time aforesaid were used and accustomed to take and seize such Mortuary so happening to whose hands soever they should come And the same R.P. and VV. say that the aforesaid now Prior long before the said time wherein c. that is to say such a day and yeer at Ripley in the County aforesaid demised to the aforesaid R.P. the Rectory of Ewel aforesaid with all fruits oblations offerings glebes lands and other their appurtenances whatsoever To have and to hold to him the said R.P. and his Assigns untill the end and terme of one and twenty years from thence next following and fully to be compleat By vertue of which Demise the aforesaid R.P. long before the said time wherein c. was of the Rectory aforesaid and other the premises with their appurtenances possessed And hee being so thereof possessed after and before the said time that is to
say such a day and year aforesaid one E G. to whom the Sacraments and holy things then were to be administred and administrable was possessed of the aforesaid horse as of his proper horse And he being so thereof possessed long before the said time wherein c. delivered that horse to the aforesaid R.G. safely to be kept And that horse to him the said E. to be redelivered when he should be thereunto required And that also long before the said time wherein c. that is to lay the eleventh day of March such a yeer One R.R. to whom the Sacraments and holy things then were to be administred and administrable was possessed of the aforesaid Oxe as of his proper Oxe And so being thereof possessed long before the same time wherein c. delivered that Oxe to the aforesaid R.G. to be safely kept And that Oxe to him the said R.R. when he should be thereunto required to bee re-delivered By means whereof the aforesaid R. E. long before the aforesaid time wherein c. was of the said Oxe possessed And he being so of the same Horse and Oxe possessed the aforesaid E. G. and R. R. afterwards and long before the same time at Ewell aforesaid within the Parish aforesaid dyed By means whereof the Horse and Oxe aforesaid came and belonged to the aforesaid R.P. in the name of a Mortuary of them the said E. G. and R.R. By which the same R.P. as in his owne Right And the aforesaid A. and W. as servants of him the said R.P. and by his command the aforesaid time wherein c. the Horse and Oxe aforesaid at Ewell aforesaid found in the name of Mortuaries of them the said E.G. and R.R. they tooke and led away as it was lawfull for them to doe And this c. whereupon they pray judgement whether the action c. AND the Plaintiffe sayes that he ought not to be debarred from his action aforesaid c. because he saith That the Prior Parson of the Church aforesaid imparsonate in the same remaines and all his Predecessors aforesaid Parsons of that Church from time out of minde were used and accustomed to have of each person within the Precinct of the Parish of Ewell dying to whom the Sacraments and holy things at the time of his death are to be administred and administrable one living beast of the same so dying person if the same dying person have living beasts at the time of his death or one other better thing of his the said person so dying if at the same time he had no living beasts in the name of a Mortuary for Sacramentals to him so dying to be administred And that also within the same Parish of Ewell from the whole time aforesaid there is had such a custome that wheresoever any of the Parish aforesaid to whom Sacraments and holy things are to be administred and administrable at the time of his death within the Parish aforesaid doe dye having livings beasts or other things at the time of his death that then after his death his Executor or Executors of his last will or Administrator or Administrators of the goods and Chattels of him so dying were used and accustomed to have the first election of all and singular the beasts or of any other better things which were of him so dying at the time of his death And the same living beasts or other better things first chosen to bee taken and seized to the fulfilling of the Will of the Testator so deceasing And after such election of the living beasts or of other better things of such person dying by the Executor or Administrator of the goods of such so dying in forme aforesaid made That then the aforesaid Prior Parson imparsonate of the Church aforesaid or his Deputy by the whole time aforesaid were used and accustomed to have to himselfe of the beasts or of other things residue which were of the aforesaid so dying person at the time of his death the best beast or other better thing of his so dying by his Executors or Administrators formerly in no wise taken or seized for his Mortuary And the aforesaid R. and M. say that the aforesaid E.G. and I.R. long before the said time wherein c. And at the time of the death of them were possessed of the aforesaid Horse and Oxe as of their proper Horse and Oxe And so being thereof possessed at Ewell aforesaid constituted the aforesaid R.G. Executor of their last Wills And long before the aforesaid time wherein c. By means whereof the said R.G. after the death of the aforesaid E.G. and R.R. as Executor of the Testament and last Will of them the said E.G. and R.R. long before the said time wherein c. the aforesaid Horse and Oxe as the best living beasts of the aforesaid Testator took and seized to the fulfilling of the execution of the Testament of the aforesaid Testators By which he the said E.G. long before the said time wherein c. was of the same Horse and Oxe possessed untill the said R.P.A. and W. in the said time wherein c. the same Horse and Oxe out of the possession of him the said E. G. they took and led away in manner and forme as the same E.G. above against them complaineth And this c. Whereupon for that the aforesaid R.P.A. and W. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages upon that occasion to be adjudged unto him c. The Defendant maintaines his plea in bar and traverses the custome pleaded by the Plaintiffe Traverse AND the aforesaid R.P.A. and W. as to the aforesaid residue of the Trespasse aforesaid supposed to be done sayes as formerly that the aforesaid Prior is and at the said time wherein c. was Parson of the Church aforesaid imparsonate in the same and that he and all his predecessors and so recite as in the first plea in bar of the Defendant Without that that within the aforesaid Parish of Ewell from time out of minde c. there was had such a custome that whensoever any of the Parish aforesaid to whom Sacraments and holy things at the time of his death are to bee administred or administrable do dye within that Parish having livings beasts or other things at the time of his death that then after his death his Executor or Executors of his will aforesaid or the Administrator or Administrators of the goods and Chattels of him so dying were used and accustomed to have the first election of all and singular the livings beasts or of any other better things which were of his so dying at the time of his death And the same living beasts or other bette things first chosen to take and seize to the fulfilling of the Execution of the Testament of such Testator so deceasing as the aforesaid R.G. above by pleading hath alleadged And this c. Whereupon they pray judgement And that he the said E.G. may bee
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
paid that horse to him the said A. hee sold And the same horse to him the said A. then and there delivered By vertue of which said sale and delivery of that horse as of his proper horse was possessed and as yet is And the aforesaid C. the horse aforesaid out of the possession of him the said B. took and was thereof possessed untill the same A. the same horse as his proper horse at S. aforesaid at the time of the Trespasse aforesaid supposed to be made out of the possession of the aforesaid B. by means of the sale and delivery aforesaid he againe took and led away as it was lawfull for him to do And this c. Whereupon hee demands judgement c. AND the aforesaid C. sayes that he by any thing before alleadged The Plaintiffe pleads the property in another stranger who sold to him and traverses the sale made to the Defendant ought not to be debarred from having his action aforesaid against him c. because by protestation that the aforesaid propriety of the horse aforesaid was never the aforesaid B. for Plea he saith that long before the time of the Trespasse aforesaid made the propriety of the horse aforesaid was one T.H. which said T. of that horse as of his proper horse then being possessed that horse to him the said C. long before the said time wherein the Trespasse aforesaid was made to wit such a day and yeare and place and County for a 100 s. to him the said T. in hand paid sold to him the said C. the horse aforesaid And that horse to him the said C. then and there delivered By vertue of which said sale and delivery the same C. of that horse as of his proper horse was possessed untill the aforesaid A. the horse aforesaid at S. aforesaid at the time of the Trespasse aforesaid made by force and arms out of the possession of him the said C. he took and led away as he by his aforesaid Writ and declaration above against him complaineth Without that A Traverse of the sale to the Defendant that the aforesaid B. the horse aforesaid to the aforesaid A. at D. aforesaid the aforesaid such a day and yeare sold in manner and forme as the aforesaid A. above alleadgeth And this c. Whereupon for that the aforesaid A. the Trespasse aforesaid above acknowledgeth hee prayes judgement and his damages by occasion of the Trespasse aforesaid to be adjudged unto him c. Issue upon the Traverse AND the aforesaid A. sayes that the aforesaid B. the horse aforesaid to the aforesaid A. at D. aforesaid the day and year aforesaid sold in manner and form as he above hath alleadged And of this he puts himselfe upon the Country And the aforesaid C. in like manner c. Therefore the Jury is to come c. Institutions in trespasse for want of reparation of the hedges by the Plaintiffs Trin. 22. Hen. 6. Rol. 89. AND the aforesaid T. and I. by I.H. their Attorney come and defend the force and injury where c. And as to the coming by force and armes c. not guilty And as to the breaking of the close aforesaid and the eating up treading downe and consuming of the grasse aforesaid the same T. and I. say that the aforesaid N. ought not to have his action aforesaid against them because they say that they at the time of the Trespasse aforesaid supposed to be made were and are seized of a certain close of pasture near adjoyning to the said close of the aforesaid N. in which the grasse aforesaid grew in K. aforesaid in their demesne as of Fee Between which said closes there is a certaine hedge separating each from other the aforesaid closes Which said hedge the aforesaid N. and all they whose estate the same N. hath in the close aforesaid from time out of minde were accustomed to make repaire and sustaine and say that that hedge for want of reparation and sustaining of the same was at the time of the Trespasse aforesaid supposed to be made broken downe and laid prostrate to the ground and that the Cattell of them the said T. and I. in their close aforesaid put to depasture into the said close of the aforesaid N. by the breach and decay of the said hedge did enter against the will of them the said T. and I. and the grasse aforesaid did eat up tread downe and consume the same T. and I. their Cattell aforesaid freshly pursuing into the said close of the said N. by the breach and decay aforesaid did enter to drive backe their cattell into the said close of them the said T. and I. and into that close speedily drove them as it was lawfull for them to doe which is the same Trespasse and breach of close and feeding treading downe and consuming the grasse aforesaid whereof the aforesaid N. above against them complaineth And this they are ready to aver c. whereupon c. The Defendants plead that the Vicar was seized in right of his Vicaridge and justifie as his servants Essex AND the aforesaid H.T.R. and VV. by T. G. 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 breaking of the close and how aforesaid say that they are not guilty c. And as to the breaking of the close and house aforesaid they the same H.R. and VV. say that the aforesaid C. ought not to have thereof his action aforesaid against them because they say that the close and house aforesaid and also the place in which it was supposed the same Trespasse to be made The form of pleading where the quantity of the close is not ascertained in the Declaration was one house acre of Land with the appurtenances in Eastham aforesaid which are and the aforesaid time wherein c. were parcel of the Mannor of Eastham in the County aforesaid whereof before the said time wherein c. one I.R. Vicar of the Church of Eastham aforesaid was seized in his demesne as of Fee in right of his Vicaridge aforesaid by which the same H. R. and W. as the servants of him the said I. R. and by his command the aforesaid time wherein c. the close and house aforesaid did break as it was lawfull for them to doe And this c. Whereupon they pray judgement whether the aforesaid C. ought to have or maintaine his action aforesaid against them c. AND the aforesaid Plaintiffe sayes The plaintiffe replies that the Vicar demised to him c. that he by any thing before pre-alleadged ought not to be debarred from having his action aforesaid against them of the breach of the close and house aforesaid because he saith that it is well and true that before the said time of the Trespasse aforesaid made the aforesaid I.R. was seized of the aforesaid house and one
acre of Land with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid And being so thereof seized before the same time of the Trespasse aforesaid made to wit the first day of June in the 33 yeare of the Reigne of our Lord the King that now is at E. aforesaid in the County aforesaid demised the same Tenements with the appurtenances to him the said Plaintiffe To have and to occupy to him the said Plaintiffe and his assignes from the feast of the Nativity of St. John Baptist then next following untill the feast of St. Michael the Arch-angel in the 35 yeare of the Reigne of our Lord the King that now is By vertue of which demise hee the said Plaintiffe of the Tenements aforesaid with the appurtenances was possessed untill the aforesaid Defendants the day and yeare aforesaid in the Declaration aforesaid above specified by force and armes c. the close and house of him the said Plaintiffe at E. aforesaid they did break against the peace of our Lord the King that now is as he above against them complaineth And this c. Wherefore for that the aforesaid Defendants the breaking of the close and house aforesaid above acknowledgeth he prayes judgement and his damages by occasion of that Trespasse to be adjudged unto him c. The Defendants maintain their plea and traverse their Dâ—mise AND the aforesaid Defendants as formerly say that the aforesaid I.R. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid as they above have alleadged Without that that the aforesaid I.R. demised the Tenements aforesaid with the appurtenances to the aforesaid Plaintiffes as the same Plaintiffe above alleadgeth And this c. Whereupon as formerly he prayes judgement and that the aforesaid Plaintiffe may be debarred from having his action aforesaid of the breach of the close and house aforesaid against them c. Issue upon the Traverse AND the aforesaid Plaintiffe as formerly sayes that the aforesaid I. R. demised to him the said Plaintiffe the same Tenements with the appurtenances as he above hath alleadged And this bee prayes may be enquired of by the Country And the aforesaid Defendants in like manner c. Iustification in Trespasse by vertue of a demise made to the Testator who bequeathed the same to his wife AND the aforesaid R.F. by R. M. their Attorney come and defend the force and injury when c. And as to the coming by force and armes and whatsoever c. not guilty c. And as to the residue of the Trespasse aforesaid above supposed to be done the aforesaid R.F. sayes that the aforesaid R.R. and I. ought not to have their action aforesaid against him c. because hee sayes that the close and house aforesaid as also the place in which the trespasse aforesaid was supposed to be done was and the aforesaid time wherein the Trespasse aforesaid was supposed to be made were one Messuage and one close of Land containing in it fifteen acres of Land with the appurtenances in S. aforesaid whereof before the said time wherein c. one I. A. Esq was seized in his demesne as of Fee And so being thereof seized before the said time wherein c. to wit such a day year and place did demise the Tenements aforesaid with the appurtenances to one R.W. of c. To have and to hold to him and his Assignes from the feast of St. Michael the Archangel then next following unto the end and terme of forty years from thence next following and fully to be compleat and ended By vertue of which Demise the same R. W. was thereof possessed And so being thereof possessed before the said time wherein c. to wit such a day year and place made his last Will and Testament And by the same willed and declared that Elizabeth his wife immediately after the decease of him the said R. W. should have and enjoy his state terme and interest which he then had to come in the Tenements aforesaid The forme of pleading where the Lease accrued to the husband under the wifes title with the appurtenances And afterwards and before the said time wherein c. the same R.VV. dyed After whose death the aforesaid E. was of the Tenements aforesaid with the appurtenances possessed and so being thereof possessed before the said time wherein c. to wit such a day year and place took to husband him the said R. F. By which he the said R. F. was of the Tenements aforesaid with the appurtenances possessed and the aforesaid Plaintiffes claiming the Tenements aforesaid with the appurtenances by colour of a certaine Deed of Demise to them thereupon made for terme of their life by the aforesaid I.A. long before the aforesaid Demise by the same I. A. to the aforesaid R. W. thereupon in forme aforesaid made where nothing of these Tenements with the appurtenances into the possession of them the said Plaintiffes by that Deed ever passed into the Tenements aforesaid with the appurtenances before the said time wherein c. did enter Upon whose the said Plaintiffes possession thereupon the same Defendant afterwards to wit the same time wherein c. into the same Tenements with the appurtenances did re-enter and the grasse aforesaid then there growing which the aforesaid Cattell did eat up tread down and consume and the ground aforesaid in the aforesaid fifteen acres of Land with his ploughes aforesaid he did break up as it was lawfull for him to do And this c. Wherefore he prayes judgement whether the action c. AND the aforesaid Plaintiffe sayes The Plaintiffe pleads that before the domâ—se c. the aforesaid Feoffee enfeoffed the Plaintiffe and others to the use of a stranger that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid Defendants because he sayes that before the aforesaid time of the Trespass aforesaid made the aforesaid I.A. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee and so being thereof seized before the said time wherein c. and before the aforesaid foure and twentieth day of September in the year c. of the same Tenements with the appurtenances enfeoffed them the said Plaintiffes and one R. E. Knight and W. L. to hold to them and their heires for ever to the use of one T. A. son and heir apparent of the aforesaid I. A. and Mary the wife of him the said T.A. and the heires of their bodies of them lawfully begotten By vertue of which said Feoffement they the said Plaintiffes and R. and W. were thereof seized in their demesne as of Fee to the same use And the said Plaintiffes and R. and W. to that use being so thereof seized the aforesaid J.A. the aforesaid foure and twentieth of September in the eighteenth year aforesaid with the appurtenances
to the aforesaid R.W. To have and to hold to him and his assignes from the aforesaid feast of St. Michael the Arch-angel from thence next following unto the end and terme aforesaid By vertue of which demise hee the said R. W. was thereof possessed and so being thereof possessed the aforesaid such a day and year and place made his last Will and Testament in writing and by the same willed and declared that the aforesaid Elizabeth his wife immediatly after his decease should have and enjoy his state terme and interest which he then had to come in the Tenements aforesaid with the appurtenances and after the same R.VV. dyed after whose death the aforesaid E. into the Tenements aforesaid entred and was thereof possessed and so being thereof possessed afterwards to wit the aforesaid tenth day of M. in such a yeare aforesaid the same E. tooke to husband the aforesaid Defendant By which the same Defendant was of the Tenements aforesaid with the appurtenances possessed as he above hath alleadged and hee being so thereof possessed the aforesaid R.E. and VV.L. before the time wherein c. at London in the Parish c. dyed after whose death the same Plaintiffes before the said time wherein c. into the Tenements aforesaid with their appurtenances did re-enter and were thereof seized in their demesne as of fee to the use aforesaid by right accruing c. And further the same Plaintiffes say that the Trespasse aforesaid whereof they now complaine was made in the Mid-time between the aforesaid Feoffement by the aforesaid I. A. to them the said Plaintiffes and the aforesaid R.E. and VV.L. of the Tenements aforesaid with the appurtenances in forme aforesaid made and the said Re-entry of them the said Defendants in the same and this c. VVhereupon for that the aforesaid Defendants the Trespasse aforesaid in the Tenements aforesaid above acknowledged they the said Plaintiffes pray judgement and their damages by occasion of that Trespasse to bee adjudged unto them c. The Defendant maintaines his Plea and tracurses the Feoffeoment AND the aforesaid Defendant sayes that before the said time wherein the Trespasse aforesaid was supposed to be made the aforesaid I. A. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee And so being thereof seized before the said time wherein c. to wit the aforesaid three and twentieth day of S. in the aforesaid such a year at S. aforesaid demised the same Tenements with the appurtenances to the aforesaid R.VV. to have and to hold to him the said R.W. and his assignes from the aforesaid feast of St. Michael the Archangel then next following unto the end and terme aforesaid By vertue of which demise he the said R.W. was thereof possessed and so being thereof possessed the aforesaid such a day year and place made his last Will and Testament and by the same willed and declared that the aforesaid Elizabeth his wife immediately after the decease of him the said R.W. should have his whole state terme and interest which he then had to come of and in the Tenements aforesaid with the appurtenances and afterwards the same R.W. at S. aforesaid dyed after whose death the aforesaid Elizabeth was of the Tenements aforesaid with the appurtenances possessed and so being thereof possessed before the said time wherein c. at S. aforesaid took to husband the same Defendant By which the same Defendant before the said time wherein c. into the Tenements aforesaid with the appurtenances did enter and was thereof possessed as hee above hath alleadged Without that that the aforesaid I. A. before the aforesaid such a day and year enfeoffed the aforesaid Plaintiffes and others of the Tenements aforesaid with the appurtenances The traverse of the Feoffement To hold to them and their heires for ever to the use of the aforesaid T.A. and M. and the heires of their bodies lawfully begotten as the aforesaid Plaintiffes above have alleadged And this c. VVhereupon he prayes judgement And that the aforesaid Plaintiffes may be debarred from having their action aforesaid against him c. AND the aforesaid Plaintiffes as formerly Issue upon the Traverse say that the aforesaid I.A. before the aforesaid foure and twentieth day of S. in the aforesaid such a yeare enfeoffed them the said Plaintiffes and the aforesaid R.E. and W. of the Tenements aforesaid with the appurtenances to hold to them and their heires to the use of the aforesaid T.A. and M. and the heires of their bodies lawfully begotten as they above have alleadged And this they pray may be enquired of by the Country And the aforesaid Defendants in like manner c. Therefore it is commanded the Sheriffe that he cause to come c. AND the aforesaid T.P. by R. F. his Attorney comes and defends the force and injury when Iustification in Trespasse for the taking of goods by pretext of gift from the Plaintiffe to the Defendants wife while she was sole c. And as to the coming by force and arms c. not guilty And as to the residue c. the same T. not acknowledging himselfe to have taken and carried away so many goods or chattels nor that the goods or chattels were of so much value as by the Writ and Declaration aforesaid is supposed saith that the aforesaid I. E. ought not to have his action aforesaid against him because he saith that the aforesaid I. before the said time wherein the Trespasse aforesaid is supposed to be made to wit such a yeare and place gave to one A. the wife of the aforesaid T. the goods and chattels aforesaid to hold to him and his assignes for ever By vertue of which said gift the same A. was thereof possessed and afterwards tooke to husband the same Defendant And that the aforesaid A. was possessed of the goods and chattels aforesaid at the time wherein the aforesaid Defendant took her to wife By which the same Defendant the goods and chattels aforesaid as his own proper goods and chattels at the time wherein the Trespasse aforesaid was supposed to bee done at R. there found tooke and carried away as it was lawfull for him to doe And this hee is ready to averre Whereupon hee intendeth not any injury in that behalfe should be assigned to his person c. The Plaintiffe said that the wife of the Defendant while she was sole give backe to him the goods AND the aforesaid Plaintiffe not acknowledging any thing by the aforesaid Defendant before alleadged to be true sayes that he by any thing pre-alleadged ought not to be debarred from having his action aforesaid against him c. because he saith that before the aforesaid time wherein c. there was certaine communication had between him the said Plaintiffe and the aforesaid A. of Matrimony between them to be contracted And thereupon the aforesaid A. him the said Plaintiffe treated with such flattering and dissembling
speeches that the same Plaintiffe beleeving that she would give her consent to such Matrimony The goods and chattels aforesaid to her the said A. the aforesaid day year and place did give And afterwards the aforesaid A. turning her heart from the aforesaid Plaintiffe on the aforesaid Defendant to have him for her husband after the gift aforesaid the aforesaid A. coming to the Village of R. aforesaid such a day and yeare the goods and chattels aforesaid to him the said Plaintiffe then and there gave backe againe what time the aforesaid A. was sole By pretext whereof the same Plaintiffe was thereof possessed until the aforesaid Defendant by force and armes the goods and chattels aforesaid at R. found took and carried away against the peace of our Lord the King that now is and the same Plaintiffe above against him complaineth And this c. Whereupon for that the aforesaid Defendant above acknowledgeth the Trespasse aforesaid he prayes judgement and his damages by occasion of that Trespasse to bee adjudged unto him c. Issue upon the giving back of the goods AND the aforesaid Defendant not acknowledging any thing by the aforesaid Plaintiffe before alleadged to be true sayes that the aforesaid A. after the Gift aforesaid to her by the aforesaid Plaintiffe of the goods and chattels made did not give backe againe the aforesaid goods and chattels to him the aforesaid Plaintiffe as the same Plaintiffe above hath alleadged And of this hee puts himselfe upon the Country c. And the aforesaid Plaintiffe in like manner c. The Defendant justifies for that the goods were pawned to the Plaintiffe and be pawned them to another who delivered them to the Defendant to be safely kept and to whom the Defendant afterwards the same re-delivered AND the aforesaid W.B. by I.C. his Attorney 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 taking and carrying away of one bolle of Gold and one bolle of Silver and gilt and one cup of Gold sayes that in nothing thereof guilty c. And as to the taking and carrying away of the aforesaid one bolle of Gold one bolle of Silver and gilt and one cup of Gold the same Defendant not acknowledging these goods and chattels to have been of such value as by the Declaration aforesaid is supposed sayes that the aforesaid W.C. ought not to have his action c. because he saith that one R.C. was Proprietor of these goods and in the possession of them long before the aforesaid Plaintiffes had any thing in them And so being Proprietor and possessed such a day yeare and place pawned to the aforesaid Plaintiffe those goods and chattels for forty Marks of him the said Plaintiffe by him the said R.C. of loan received under such a condition that if the aforesaid R. C. should pay to the said plaintiffe the aforesaid forty Marks before the feast of the Birth of our Lord then next following Then he the said Plaintiffe should re-deliver to the aforesaid W. those goods and chattels otherwise he should keep them safe until he should be fully satisfied and paid the aforesaid forty Marks By vertue of which said pawnings the said Plaintiffe was possessed of these goods and chattels under the condition aforesaid And so being thereof possessed the same goods and chattels further pawned to one W. G. for other forty Marks of him the said W. by him the said Plaintiffe of loan received under such condition that the aforesaid W.G. those goods and chattels to them the aforesaid R.C.W.C. who should pay and deliver those forty Marks to him the said W.G. should re-deliver and sayes that these forty Marks to the aforesaid W.G. at the time when the Trespasse aforesaid was supposed to be made were not paid and fearing and supposing the same goods and chattels could not be kept secure in the house of him the said VV. G the same goods and chattels before the aforesaid feast of the Birth of our Lord at C. aforesaid delivered to him the said Defendant to be safely kept And to him the said VV. G when he should bee thereunto required to bee re-delivered and sayes that he contemned the keeping of those goods knowing them to be his by wicked profit and being unwilling for that cause to keep them any longer the same goods and chattels at the time when the Trespasse aforesaid was above supposed to bee made from a certaine chest where in his house at C. aforesaid they lay hee took and to the house of the aforesaid VV. G. in the same Village he carried and the same to him the said VV. G then and there delivered which said taking and carrying of the goods and chattels aforesaid by the cause aforesaid are the same taking and carrying away of the aforesaid goods and chattels of which the aforesaid Plaintiffe above now complaineth And this c. VVhereupon he prayes judgement whether the Plaintiffe ought to have or maintaine his action aforesaid against him c. The Plaintiffe pleads that I.C. pawned the goods unto him and payed not the summe for which they were pawned and traverses that she pawned them in mannor and forme c. AND the aforesaid Plaintiffe not acknowledging any thing by the aforesaid Defendant before alleadged to be true sayes that hee by any thing afore alleadged ought not to bee debarred from having his action aforesaid against him for the aforesaid taking and carrying away the aforesaid goods and chattels which the aforesaid Defendant above acknowledgeth because he saith that the aforesaid R.G. the aforesaid such a day and yeare at C. aforesaid pawned to him the said Plaintiffe these goods and chattels for forty Marks of him the said Plaintiffe by him the said R. of loan received under such condition that if the same R. should pay to him the said Plaintiffe these forty Markes before the feast of the birth of our Lord then next following then the same goods and chattels to him the said R. should be delivered otherwise to the same Plaintiffe they should remaine as his proper goods and chattels to him by the aforesaid R. sold for the aforesaid forty Marks and sayes that the aforesaid R. paid not to him the said Plaintiffe the aforesaid forty Marks before the aforesaid feast of the birth of our Lord By which the same goods and chattels the taking and carrying away whereof the aforesaid Defendant above acknowledgeth to him the said Plaintiffe as his proper goods and chattels did remaine And the aforesaid Defendant the aforesaid time wherein the Trespasse aforesaid was supposed to be done by force and armes of his proper injury the same goods and chattels at C. found took and carried away as the same Plaintiffe above against him complaineth Traverse Without that that the same Plaintiffe pawned to the aforesaid W.G. these goods and chattels for forty Marks as the aforesaid Defendant above alleadgeth And
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
to do which said arrest and leading to the prison aforesaid and laying hands upon him the said H. are the same taking imprisoning and ill handling whereof the aforesaid R. above complaines And this c. whereupon he prayes judgement whether the action c. AND the aforesaid R. saies that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the said H. W. Because by protestation not acknowledging any thing by the aforesaid H. above alleadged to be true for plea he saith The Plaintiffe replies that he offered security that he before the time of the Trespasse aforesaid made and the time wherein c. offered the aforesaid H. to finde sufficient security before T. Partridge then one of the Justices of the peace of our Lord the King for the same County assigned to be kept according to the form of the aforesaid precept by the said I.W. to him directed which to doe the same H. refused Without that that the same R.C. refused to come before the Justices of the Peace in manner and form as the aforesaid H. hath above alleadged Traverse the denying to come before the Iustices And this c. whereupon for that the aforesaid H. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid H sayes Issue upon the Traverse that the aforesaid R. refused to come before the Justices of our Lord the King to find sufficient security in manner and forme as the same H. above hath alleadged and of this he puts himselfe upon the Country And the aforesaid R.C. in like manner c. Justification by vertue of a common Watch according to the forme of the Statute of Winchester AND the aforesaid G. by I.W. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and whatsoever is against the peace of our Lord the King as also the whole Trespasse aforesaid besides the assault and imprisonment above supposed to be made sayes that hee is not guilty c. And as to the assault and imprisonment supposed to be made the same G. sayes that the aforesaid T. ought not thereupon to have his action aforesaid against him because he saith that in the Statute in the Parliament of Edward the first late King of England Progenitor of our Lord the King that now is at Winchester in the thirtieth yeare of his Reigne held published amongst other things It was ordained and established that watches should be made as more anciently they were wont to be that is to say from the day of the Ascension of our Lord unto the feast of St. Michael the Arch-angel that is to say in each City by six men at each Gate of the same and in every Town by twelve men and in every entire Village by six or foure men according to the number of the people inhabiting in them And that the Watches should be kept by the whole night from the Sun-set to the rising of the Sun so that if any stranger should make his journey through them he should be arrested until the morning following And if no suspicion should be then found of him that then hee should from thence goe quit as in the same Statute more fully is contained And further the same G. sayes that he at the time of the Trespasse aforesaid above supposed to be made was dwelling in the said Village of W. together with other the inhabitants his neighbours about him in the same Village were assigned to keep the Watches there and sayes that the aforesaid T. the time of the Trespasse aforesaid supposed to be made to wit such a day year and place came suspiciously to the Village aforesaid after Sun-set and before the rising of the same that is to say about the houre of eleven in the same night By which the same G. then came to the aforesaid T. and him at the same time wherein c. he arrested and detained him with him untill the morning following and compelled him to stay there according to the forme of the Statute aforesaid as it was lawfull for him to doe which said coming unto and detention by the cause aforesaid in form aforesaid is the same assault and imprisonment whereof the aforesaid T. above now complaineth And this he is ready to aver VVhereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against him c. Middlesex AND the aforesaid C. Crips Iustification by a Constable for taking a Where Mich. 2. Hen. 8. Rot. 103. and E. by T.R. their Attorney come and defend the force and injury when c. And as to the coming by force and armes And whatsoever which is against the peace c. as also the whole Trespasse aforesaid besides the assault beating evill handling and imprisonment by the space aforesaid supposed to be made the same C. and E. say that they are in nothing thereof guilty c. And as to the assault beating evill handling and imprisonment the same E. and C. say that the aforesaid M. ought not to have her action aforesaid against them because they say that the aforesaid M. long before the said time of the Trespasse aforesaid supposed to be made was a publick notorious and common Whore and had carnall knowledge with many and divers common men unknowne to him the said C. at many and divers times And the same C. and E. say that at the time wherein the Trespasse aforesaid was supposed to be made and long before the same C. was Constable of our Lord the King in the aforesaid Parish of St. Andrews and that before the said time of the Trespasse aforesaid supposed to bee done was given to understand by certaine of his neighbours very carefull of keeping the peace of our Lord the King and willing to avoid ill government he being then Constable of our Lord the King as aforesaid that the aforesaid M. at the aforesaid Parish of St. Andrews then lay and lodged in bed with a certaine man unknowne to the same neighbours and also that divers loose men and vagabonds and very many unknowne persons made many brawlings scoldings cryings out uproars there between themselves and strove together which of them should first have the carnall knowledge of her the said M. and should then use her as their Whore By reason of which information he the said C. then there being Constable as he was by oath bound for the preservation of the peace of our Lord the King and the avoyding of the premises and the ill government aforesaid repaired to a place in the Parish aforesaid where then the aforesaid M. and other the men vagabonds aforesaid then were supposed to be as to see if the same M. and the rest of the aforesaid men vagabonds behaved themselves there as hee was given to understand the aforesaid time wherein the
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
of the peace of our Lord the King in the County aforesaid assigned to be kept came the same W. S. then and there before the same Earle having taken his corporall oath upon the holy Evangelist that he the same W. S. damage and corporall hurt to him the said W.S. by him the said W. C. and his companions upon him the said W. S. to be brought he did grievously dread and feare the same W.S. then and there supplicating that the same Earle him the said W. C. might be bound to put in sufficient security of the peace keeping towards him the said W.S. and all and every the leige people of the Kings one in form of law by pretext whereof the same Earl a certain warrant under his scale to the Constable and Bailiffes of the Hundred of M. as also to R.N.H.H. and T.F. directed he made and delivered commanding them the said Constable and Bayliffes and the aforesaid R.H. and T. joyntly and severally by the same warrant on the behalfe of our Lord the King commanding them that the same Constables Bayliffes R.I. c. and every one of them that they should cause to come the aforesaid W.C. before the aforesaid Earle or any other Justice of the peace of our Lord the King in the aforesaid County of S. assigned to be kept immediately for the finding sufficient security of the peace in forme aforesaid And if the same W.C. so to doe should refuse then the same Constables Bayliffes and the aforesaid R.I. c. or either of them the same R. C. should cause to be brought to the Goale of our Lord the King of Y. in the same County of D. by force of that warrant there to stay until the aforesaid WC should find the security aforesaid according to what law requires in that behalfe By which meanes the same R. carrying with him the warrant aforesaid to him the said W. C. at H. aforesaid the same day the Trespasse aforesaid was supposed to be made And to him the said W. of the same warrant and of the matter and effect of the same warrant then and there before the same assault made gave notice by vertue of the same warrant then and there requiring the same W.C. that he the said W.C. before the said Earle or other Justice of peace of our said Lord the King assigned to be kept in the same County to find sufficient security of the peace in forme aforesaid together with him the said R. he would goe which said W. C. to doe this then and there refused for which cause the same R. him the said W.C. then would have taken and arrested but the same W.C. would not stay nor obey that arrest but at the same arrest then and there drew his sword and also what in him lay offered to rescue himselfe from that arrest By which the aforesaid R. and N. and the aforesaid VV.S. as the servant of him the said R. and by his command at the time of the Trespasse aforesaid above supposed to be made by laying their hands upon him the said VV. C. and compelling him the said VV. C. to stand to that arrest him the said VV. C. then and there they took and arrested as it was lawfull for them to doe which said laying on of hands out of the cause aforesaid is the same assault whereof the same VV.C. above against him complaineth And this he is ready to averre whereupon he prayes judgement whether the aforesaid VV. C. ought in this behalfe to have his action aforesaid against him c. AND the aforesaid W.C. not acknowledging any thing by the aforesaid W.S. before alleadged to be true sayes that he by any thing therein before alleadged ought not to be debarred from having his action aforesaid because hee saith that the aforesaid W.S. by force and armes of his owne proper injury on him the said W.C. did make an assault and him did beate wound and evill handle in manner and form as he the said W.C. above by his bill hath declared Traverses the notice of the Warrant Without that that the same R. to him the said W.C. of the warrant aforesaid or of the matter and effect of the same warrant before the time of the Trespasse aforesaid made did give notice as the aforesaid W.S. above by pleading hath alledged And this he is ready to averre whereupon for that the aforesaid W.S. the Trespasse and Battery aforesaid above acknowledgeth he the said W.C. prayeth judgment and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid W.S. sayes Issue upon the Traverse that the aforesaid R. to him the said W.C. of the Warrant aforesaid and of the matter and effect of the same Warrant long before the time of the Trespasse aforesaid supposed to be made did give notice in manner and forme as he the said W. S. above by his pleading hath alleadged And of this hee puts himselfe upon the Country And the aforesaid W. C. in like manner c. Middlesex R.M. complaines of I. H. in the custody of the Marshall Declaration in assault and battery c. for that he such a day and year by force and armes on him the said R. at Westminster in the County aforesaid hee made an assault and him the said R. then there beat wounded evil handled so that of his life he did despair and also so grievous a wound upon the upper part of the left shoulder of him the said R. then and there put on him so that the same R. by reason of the extraordinary effusion of blood out of the same wound flowing and arising fell into great sicknesses and weaknesses of his body then and there and stood in great danger of losing of his life by reason thereof for a great time that is to say for the space of one month then next following As also divers great summes of mony for his healing and curing there in that behalfe to lay out and spend then and there was forced and compelled And divers difficult businesse of him the said R. then to be done and finished by the aforesaid space of one month remained undone And other harmes c. Against the peace c. to the damage c. AND the aforesaid I. H. by W. Astrie his Attorney comes and defends the force and injury when c. Concord pleaded And as to the coming by force and armes c. sayes that he is in nothing thereof guilty c. And as to the residue c. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that after the aforesaid time wherein the Trespasse aforesaid was supposed to be made to wit such a day and year I.E. in the County of Norfolk there was such an agreement had between the aforesaid R. and him the said J. to wit that he the said I. should give to the aforesaid R. one Gallon of Sack in recompence and
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.
And the same B. so being thereof possessed the Falcon aforesaid with the Belles and Varvils aforesaid out of his hands and possession did casually lose which said Falcon afterwards that is to say such a day year and place to the hands and possession of the aforesaid J.G. by finding came Judgement had for the Plaintiffe and damages 18 l. 16 s. and 8 d. And the aforesaid J.G. knowing the Falcon aforesaid to be the proper Falcon of the aforesaid B. to him the said B. of right to belong and pertain that Falcon although often required c. to render or deliver hath wholly refused And that Falcon voluntarily hath used and handled so ill so that that Falcon by the ill usage and handling aforesaid afterwards to wit such a day year and place dyed to the damage of him the said B. 40 l. And thereupon he brings his suit c. Ss A B. complaines of W. B. in the custody of the Marshall Declaration for keeping a dog accustomed to bite sheep c. for that that is to say whereas the aforesaid W. did knowingly keep and retaine a certaine Dog accustomed to bite sheep at M. in the County aforesaid which said Dog ten Ew-sheep and ten lambs of him the said A. to the price of 4 l. at M. aforesaid found such a day and yeare and place did so grievously bite that those sheep and lambs by the biting of the Dog aforesaid then and there dyed Whereupon the same A. saith that he is worse and hath damage to the value of 10 l. And thereupon he brings his suit The like with some addition Ss B. F. complaines of R. W. in the custody of the Marshall c. for that that is to say whereas the aforesaid R. such a day yeare and place a certaine Dog accustomed to bite sheep he knowingly retained which said Dog the day and year aforesaid at H. aforesaid the sheep that is to say a hundred and fifteen Ewes and eighty Weathers of him the said B. did chase and bite so that by the chasing and biting eighty of the Ewe sheep of the sheep aforesaid of the price of 40 l. dyed and forty of the Weathers aforesaid of the price of 30 l. dyed in like manner And the residue of the aforesaid Ewe sheep great with young cast their lambs abortive And the residue of the Weather sheep were much worsted And other harmes c. Norfolk HEnry Darcy Knight complaines of Iohn Leigh Gentleman in the custody of the Marshall Declaration upon warranty of a Hawk c. for that that is to say whereas the aforesaid I. such a day yeare and place in the County aforesaid in consideration of 5 l 2 s. and 6 d. of lawfull money of England to him the said I. by the aforesaid H. before hand payed had bargained and sold to the aforesaid H. a certaine Hawk called a Gos-hawk the same I. in consideration thereof then and there warranted the Gos-hawk aforesaid to him the said H. to be sound and in good health whereas in truth that Gos-hawke then and there was troubled with divers great infirmities and much grieved of which said infirmities the Hawke aforesaid such a day then next following at O. aforesaid dyed By which the same I. at O. aforesaid the aforesaid H. of the Hawk aforesaid and of the aforesaid 5 l. 2 s. and 6 d. against the forme of the Warrant aforesaid falsely and fraudulently deceived to the damage of him the said H. twenty Marks And thereupon he brings his suit c. A B. complains of I.P. the elder and I.P. the younger in the custody of the Marshall Declaration for making of a banke by which the Plaintiffes land was downed c. of a plea wherefore whereas a certain course of water called C. ought to run in a certaine stream at C. in the County aforesaid for the serving of the Lands and Tenements near the Water-course aforesaid the aforesaid I. and I. not ignorant of the premises plotting the aforesaid A. to worse and hurt in his Lands and Tenements goods and chattels a certaine banke on crosse the Water-course aforesaid at C. aforesaid they made by reason of which the water aforesaid was hindered of his course aforesaid By which six hundred acres of Pasture of his the said A. neer adjoying to the VVater-course aforesaid was so extraordinarily drowned that the same A. the profit of that his pasture for a great time he lost VVhereby he sayes he is worsted and hath damage c. SS W. J. Mercer complaines of T. B. in the custody of the Marshall Declaration against an Inne-keeper for selling his guests horse c. for that whereas the same T. such a day year and place a certaine horse of his the said W. of the prâ—ce of 15 l. to have kept in the Stable of the aforesaid T. and there to be fed and dressed and that horse safely and soundly to be kept and to him the said W. when he should be thereunto required to be redelivered and in consideration of a certaine summe of money between them agreed upon that is to say for every day and night as long as the horse aforesaid with the aforesaid T. as is aforesaid should happen to be three pence at London aforesaid in the Parish and Ward aforesaid had assumed upon himselfe yet the aforesaid T. plotting the aforesaid W. falsely deceitfully and fraudulently in that behalfe to deceive and defraud the horse aforesaid although often required c. to the aforesaid W. he hath not re-delivered but that horse afterwards to wit such a day and year and place to a certaine unknowne man for 24. s. to him the said T. in hand payed falsely craftily and deceitfully he there sold and the money thereof comming to his own proper use he there converted disposed to his damage 30 s. c. Ebor. ss T. F. was attached to answer A. F. of a plea wherefore whereas the same A. had bargained to buy twenty Oxen of the aforesaid B.T. at B. the same T. knowing these Oxen to be fallen into divers diseases and infirmities Declaration upon warranty of cattell these Oxen by warranting them to be sound and in good health for a great sum of money the Oxen aforesaid to the aforesaid A. he falsely and fraudulently here sold to the damage of him the said A. 40. l. as he sayes And whereupon the same A. by S. L. his Attorney complaines that whereas the same A. such a day and yeare had bargained to buy of the aforesaid T. twenty Oxen at B. the same T. knowing these Oxen to be fallen into divers diseases and infirmities that is to say of such a disease those Oxen for a great summe of money that is to say for 60 l. warranting them to be sound and in health then and there sold falsely and fraudulently whereupon hee saith that hee is worsted and hath damage to the value c. AND the aforesaid T. by W.
B. his Attorney comes and defends the force and injury when c. by protestation that he the time wherein it is supposed the aforesaid A. with him the said T. for the Oxen aforesaid to have bargained had no Oxen but what were sound and in good health and that he sold not to him the said A. the aforesaid twenty Oxen for plea he saith that he did not warrant the same Oxen to be sound and in good health as the same A. by his Writ and Declaration above supposeth And of this hee puts himselfe upon the Country And the aforesaid A. in like manner Action of the case upon a promise upon a bargaine Sur. T. B. complaines of VV. R. and VV.B. Tanners in the custody of the Marshall c. for that whereas the same W. W. such a day and year and place had agreed with him the said T. to buy of him the hides and skins of all and singular the Oxen Horses Cowes and Calves which he the said T. from the aforesaid such a day untill such a day then next following should happen to kill or slay the aforesaid W. and W. in consideration thereof did assume upon themselves and unto him the said W. W. did then and there faithfully promise that they the said W. and W. would well and truly pay to him the said T. for every hide of each such Oxe or Heifer by him the said T. within the time aforesaid killed or slaine and by the same T. to them the said W. and VV. within that time delivered 3 s. 4 d. and for every hide of a Cow by him the said T. within the time aforesaid killed and as aforesaid delivered two shillings And for every dozen of the Calves skins by him the said T. within the time aforesaid as is aforesaid killed and delivered foure shillings By reason of which said promise and assumption of them the said VV. and W. in forme aforesaid made he the said T.B. five hundred and three hides of Oxen and Heifers two and fifty hides of Cows and fifty dozen of Calves skins by him the said T. within the time aforesaid killed according to the forme of the bargaine aforesaid to the aforesaid VV. and W. at divers dayes and seasons within the time aforesaid at S. aforesaid he did deliver the true value and price of all the hides and skinnes aforesaid in forme aforesaid delivered according to the bargaine aforesaid doe amount unto the summe of 88 l. 16 s. and 10 d. And the aforesaid T. B. trusting to the true and faithfull payment of them the said W. W. of the aforesaid 88 l. 16 s. and 10 d. at the aforesaid such a day according to the bargaine aforesaid to him faithfully to be paid and contented such a day yeare and place had assumed upon himselfe and faithfully promised to one R. B and divers other persons to whom the aforesaid T. was then indebted to pay them the like summe of money yet the aforesaid W. and W. not ignorant of the premises knowing the aforesaid T. to have promised the payment of the aforesaid summe of 88 l. 16 s. and 10 d. to the aforesaid R.B. and divers other persons to whom he as aforesaid then stood indebted plotting and contriving him the said T. in that behalfe craftily and subtilly to deceive and defraud although they the said W. and W. such a day and yeare and often afterwards at S. aforesaid have beene required to pay to him the said T. B. the aforesaid 88 l. 16 s. and 10 d. according to the bargaine aforesaid to him the said T. B. hitherto they have not paid nor either of them hath paid by reason whereof hee the said T. B. his day of payment with the aforesaid R. B. and divers other persons to whom hee the said T. B. as aforesaid then stood indebted in no wise could keepe And so the same T. B. of his fidelity trust and credit in his name and the businesses wherein with the same R. and other honest persons he was used to have in buying selling and lawfully bargaining hee stands much hurt worsted and lessened and in very many other troubles charges and expences by that occasion burdened wearied and vexed to his damage 150 l. And thereupon hee brings his suit c. I. H. complaines of N. B. in the custody of the Marshall Action of the case against one for playing with false Dice c. for that that is to say whereas the aforesaid N. plotting and subtilly intending him the said I. to defraud and deceive and divers great summes of money from him the said I. fraudulently and subtilly to obtaine did such a day yeare and place intice stirre up and procure him the said I. to play at Dice with him the said N. at a certaine play at Dice called Five or Nine for divers summes of money By whose said N. his inticement and stirring up hee the said I. with the aforesaid N. at Dice at the play aforesaid called Five or Nine certaine Dice truly marked and even to him the said I. he did then and there deliver to them withall And when these Dice in course happened to come to the hands of him the said N. hee the said N. these true Dice then and there subtilly and fraudulently he withdrew and certain other false Dice on which the numbers of Five or Nine by any chance could never happen subtilly falsely and fraudulently he then and there cast downe and with the same faâ—se Dice hee then and there played by reason of which he the said I. great summes of money in the whole amounting to 41 l. 6 s. and 8 d. of lawfull money of England to the aforesaid N at that play he then and there lost and thereupon by the aforesaid N. subtilly fraudulently and covinously was deceived and defrauded to the damage of him the said I. 50 l. And thereupon hee brings his suit c. RIchard Morley complains of Iohn Clarke in the custody of the Marshall c. for that whereas he the said R. such a day yeare Action of the case upon trover of a Recogâ—izance and place was possessed of a certaine writing obligatory with the seale of him the said I. C. signed and such a day yeare and place before G. D. then Mayor of the City aforesaid and I. B. Gentleman then Clarke deputed for the taking of acknowledgements of Recognizances of debts in the same City by which the aforesaid I. C. by the name of J.C. of c. acknowledged himselfe to owe unto the said R. by the name of R. M. of c. 200 l. of lawfull money of England to bee paid to him the said R.M. at the feast of the Nativity of St. Iohn Baptist then next following as of his proper writing And he being thereof possessed hee the said R. that writing afterwards to wit such a day yeare and place out of his hands and possession hee did casually lose and let goe which said writing so
verdict and judgment for 271. l. 13. 5 d. ob dammages and 15 l. 19. s. Costs thereupon recovered Whereof a Fifa issued for the Dammages of the proper Goods and a Casa for the Costs and charges after a Devastavit returned upon a Testatum Fifa H L. complaines of R. D. in the custody of the Marshall Declaration Case by way of deceipt in a bargain c. wherefore whereas he the same H. had such a day yeare and place Covenanted and bargained with the aforesaid R. well and sufficiently to make fabricate and burne for him the said H. 80 thousand of Bricks for a certaine summe of mony that is to say for 8. l. to the aforesaid R. before hand paid and afterwards to be paid And the same R. had promised and assumed upon himselfe the aforesaid 80 thousand of Bricks well and sufficiently to make fabricate and burne and to him the said H. at a certaine day last past to wit such a day c. to deliver yet the aforesaid R. plotting the aforesaid H. craftily and subtilly to deceive and defraud 60 thousand of the Bricks about the time aforesaid he so negligently and improvidently he made fabricated and burnt That the aforesaid 60 thousand of Bricks for want of due making fabricating and burning of them would in no manner be serviceable for the aforesaid H. for the doing of the work and business they were to be employed about by which the businesse and work of him the said H. is much hindred and worsted whereupon he saith that he is damnified and hath damage to the value of 40. l. And thereupon he brings his Suit c. MIdd ss Richard Gresham Knight Citizen and Alderman of London complaines of Thomas Bridges in the custody of the Marshall Action of the Case for scandall of an Alderman of London for saying he was an Extortioner c. c. for that that is to say Whereas he the same R. is a true loyall and faithfull Subject of our Lord the King that now is and as a true loyal and faithfull Subject of our Lord the King without any crime of falsitie deceipt or extortion or of any other hurtfull crime from the time of his Nativity hitherto he hath governed and behaved himselfe And of such unblemished honesty and conversation hath been reputed and taken amongst all the faithfull Subjects of our Lord the King unspotted of any wicked crime of falsity Theft Robbery or Extortion or of any manner of deceipt and so for the whole time aforesaid was reputed As also with the most excellent and mighty Prince King Henry the 8th by the Grace of God c. was so taken and judged And thereupon in diverse weighty and difficult businesses of him the sayd Lord the King was used and employed in and into the Office first of one of the Sheriffs of London aforesaid and next Major of the same Citty by occasion of the premises was chosen and with unanimous free and voluntary consent and friendly election of all the Citizens of the City aforesaid was established and constituted and by force thereof the government tutelage and care of the said City and Common-wealth of the same under our Lord the King as a faithfull Deputy of our Lord the King as Major of that City by a whole yeare from the Feast of the holy Apostles Simon and Jude in such a yeare c. unto that Feast then next following he took upon him and had And by the same whole time that City as a faithfull Deputy of our Lord the King he kept and preserved safe and unhurt As also with all the Nobles Pears and Privy Counsellors of our Lord the King And all the great and eminent Persons of this Realme of our Lord the King and withall other the Subjects of our Lord the King of whatsoever state or condition for the whole time aforesaid as such a true loyall and faithfull Subject as is aforesaid from whatsoever crime of falsity or extortion to any the Subjects of our Lord the King hath been accepted and taken to be unspotted and untouched yet the aforesaid T.W. not ignorant of the premises c. of his own perverse malicious and wicked will plotting him the said R. of such his credit state honesty and reputation falsely maliciously subtilly and wickedly to deprive such a day and yeare those false English words following to the aforesaid R. in the presence and hearing of diverse siege and faithfull Subjects of our Lord the King at W. in the County of Middlesex with great oaths he did speak and pronounce that is to say you are a Powler and an Extortioner And the Country meaning the County of Suffolke is the worse by a thousand pounds for you And this I will prove by reason of which said false scandalous and malicious words he the said R. is not onely very greatly vexed and grieved in his body and by disbursing diverse summes of mony for charges and expences about the prosecution of his Suit in that bbehalfe for the purging of himselfe of the premises is very much damnified But also the same R. into very great distrust and infamy aswell with our Lord the King and his Councell aforesayd as with the Nobles and Pears of this Realm of our Lord the King of England as also with all other the faithfull Subjects of our Lord the King is by that means brought and fallen into To the damage of him the sayd R. 100. l. And thereupon he brings his Suit J Fisher Haberdasher Declaration against one for frequenting Company with another mans Wife unlawfully and dishonestly complains of Richard Washington Gent. of of a Plea of Trespas upon the Case And whereupon the same I. by c. complaines that whereas he the sâ—me I. F. by the space of ten years and more at London in the Art of a Haberdashers craft and other Arts with his Neighbours and other the liege people of our Lord the King well and lawfully hath used and exercised and by that occasion many great gaines profits and commodities to himselfe thereupon by the time aforesaid hath gotten and obtained And hath been of good name same and estimation as well with all his Neighbours as with divers other faithfull Subjects of our Lord the King taken and reputed By reason whereof many such faithfull Subjects of our Lord the King with the same IF for the time aforesaid before othermen they have had commerce and trading yet R. the aforesaid sufficiently knowing the premises plotting him the said I. as well in his Goods as in his aforesayd good name and estimation to hurt and worst and him the said I. to defraud of all such like gaines and profits which by reason of the exercising of his Art aforesaid by the time aforesaid he got and obtained And him the said I. F. into so great scandall and infamie to bring with all the faithfull Subjects of our Lord the King that the same Subjects of our Lord the King from
the company and fellowship of him the said I. F. should wholly withdraw and estrange themselves such a day and yeare and place c. and diverse other times and seasons between the same such a day and such a day then next following did frequently and unlawfully repaire and come to one Elizabeth then and as yet the Wife of the aforesaid I.F. at London c. And then and there openly in the Shop of him the said I.F. he then and there had unlawfull fellowship with the same E. And the same E. then and there at some times by lacivious words and other deceitfull and flattering glances and kisses and unchaste and dishonest provocations and by divers other unlawfull wayes and means did in a Devilish manner provoke and incite her the said E. to Luxury and the committing of Adultery with him the said R. And by such his frequent and unlawfull accesses and repayres to the aforesaid E. and the evill behaviour and conversation of him the said R. he the said I. could scarsely have her the said E. in the Shop of him the said I.F. openly before the Neighbours of him the said I.F. and al the people there passing then and there at other times for the space c. by the aforesayd R. for that time used by his the said R. having brought the same E. unto so great scandall infamie of the crime of Luxury and Adultery By reason of which c. the aforesayd I. not only all the profit and advantage which he by the aforesayd E. in managing of his houshold affairs and other businesses from the aforesaid such a day untill such a day was very likely to have gotten if the premises had not been committed hath totally lost and is deprived of but also he the said I F. is drawne into great shame scandall and infamy by reason thereof And remaines so disturbed and unquieted in minde that he about the necessary businesses concerning his Art aforesaid cannot seriously and earnestly intend And the same businesses for the whole time aforesaid by reason of the evill behaviour of the aforesaid R. as aforesaid to him the said I. remaine undone To the damage of him the said I. 100. l. And thereupon he brings his Suit E. P. Complaines of R A. Esquier in the custody of the Marshall c. For that whereas according to the custome of the Realme of our Lady the Queen of England hitherto used and approved every one of the same Kingdom is bound to keep his fire safely securely day and night So that for want of good keeping of such like fire any hurt or losse may in any manner happen to any of their Neighbours yet the aforesaid R. a Fire in a certaine house of his the said R. at E. in the County aforesaid kept so negligently and improvidently that for want of good keeping of his Fire One Barne of his the said E. as also his Goods and Chattells that is to say c. to the value c. in the same Barne then and there being were burnt to the damage of him the said E. c. And against the forme of the Custome aforesaid And thereupon he brings his Suit c. A B. Complaines of C. D. in the custody of the Marshall c. for that that is to say whereas the aforesaid Plaintiffe and Defendant such a day yeare and place had accompted together between them selves of diverse summes of Mony to the aforesaid A. formerly due c. And upon that Accompt the same Defendant was found in arrerages towards the aforesaid Plaintiff in 100. l. Gilders of Flanders mony amounting unto the summe of c. of lawfull mony of England And being c. WHerefore whereas the same Plaintiff had bargained with the aforesaid Defendant such a day yeare and place to buy of him ten Quarters of Malt the aforesaid Defendant knowing that Malt to be corrupt and insufficient to make beare withall by warranting that Malt to be good and sufficient to make bear thereof the aforesaid Malt to him the said Plaintiff for a certaine summe of mony falsely and fraudulently he there sold To the damage of him the said Plaintiff 40. l. c. STATUTE OF MAYNTENANCE Declaration upâ—â— the Stâ—â—â—â— of 〈…〉 in 〈◊〉 by Originâ—â—â— Mâ—ch 11 〈◊〉 6. Roll. 84. JOhn King of London Draper and Nicholas Bulloyne of London Merchant were attached to answer as well to our Lord the King as F. N. otherwise called c. of a Plea wherefore whereas in the Statute at Westminster lately published amongst other things it is contained that No person of the Realm of England of whatsoever state degree or condition soever he were of should maintaine or uphold in the Country or elsewhere under the paine of imprisonment and making fine and redemption to our Lord the King at the will of every such Lord the King that is to say according to their Estate degree and demerit And the aforesaid I. and N. a Plea of Complaint which was in the Court of our Lord the King â—â—â—s City of London before S. Brown one of the Sheriff of the same City without the Writ of him our said Lord the King according to the Custom of the City aforesaid between the aforesayd F and I Garrâ—n Merchant of Catalonia of the debt of 68 l. 10 s. and 6. d. which 〈◊〉 â—â—me I G. required from the aforesayd F. at Burton in the Clay for and on the part of him the sayd I. G. have maintained and sustained in the contempt of our sayd Lord the King and his the sayd F. great damage And against the forme of the Statute c. And whereupon the same F who as well c. in his proper person Complaines for that whereas in the Statute at Westminster lately published amongst other things it is contained that no person of the Realm of England of whatsoever state degree or condition he should be of should maintaine or sustaine any playnt in the Countrey or else where under the paine of imprisonment and making fine and redemption to our Lord the King at the will of every such Lord the King that is to say according to their Estate degree and demerit the aforesayd J. L. and N. such a day yeare and place the plaint which was in the Court of the Lord the King of his City of London before S. B. one of the Sheriffs of the same City in Guild-hall of the City aforesayd in the Parish of St. Lawrence in the old Jury in the Ward of Cheap London without the writt of him the said Lord the King according to the custom of the City aforesayd between the aforesayd F. and I. G. Merchant of Catalonia of the Debt of 68 l. 10. s. and 6. d. which the same I.G. required of the aforesayd F. at Burton in the Clay for and on the part of him the sayd I G have maintained and sustained in the contempt of our sayd Lord the King and the damage of him the sayd F.
200. l. And against the forme of the Statute aforesayd And thereupon he brings his Suit c. AND the aforesayd Iohn Linge and N. de Boloyre in their proper person come and defend the force and injury when One of the Defendants pleads not guilty and the other a speciall Iustification c. and all contempt and whatsoever c. And the aforesayd John Linge sayes that he is nothing guilty of the mayntenance and sustentation aforesayd on him in forme aforesayd imposed and of this he puts himselfe upon the countrey And the aforesayd F. in like manner c. and the aforesayd N. sayes that the aforesaid F. ought not to have his Action aforesayd against him because he saith that long before the maintenance aforesayd was supposed to be made the same N. was dwelling in the City of London holding a certaine common Inne in the Parish of Saint Georges in the Warde of Billings-gate London for whatsoever Forreigners to that Inne comming and going to lodge and entertaine And sayes that the aforesayd J. Garron long before the sayd time of the maintenance aforesayd â—upposed and at the same time wherein the same maintenance was supposed to be made was lodged and entertained in the Inne aforesayd with him the said N. whereupon he the sayd I. G. told and reported to him the sayd N. that he had brought against the aforesayd F. in the Gâ—ild-hall of the City aforesayd before the aforesayd S. B. then one of the Sheriffs of the City aforesayd the playnt aforesayd of the debt aforesayd desiring him the said N. that whereas he the said I. was a Stranger and not knowing how to speak the English tongue that he the sayd N. would go with him the sayd I. to Guild-hall aforesaid to provide him of sufficient Counsell in the plaint aforesayd for the debt aforesayd and would declare the matter of the same plaint to his said Counsell in the English tongue Whereupon he the sayd N. at the request of him the sayd I. went with him to the Guild-hall aforesayd at the time wherein the maintenance aforesaid is supposed to be made and did provide for him the said I. G. Counsell in the plaint aforesaid of the Debt aforesaid and that matter to the same Counsell in the English tongue did declare desiring the same Counsell that they would advise and help the aforesayd I.G. in that plaint as should be just Traverse the place as it was lawfull for him to do without that that the same N. is guilty of the maintenance and sustentation of the plaint aforesayd of the Debt aforesayd in the sayd County of Bedford in the forme wherein the same F. above by his Writ and Declaration aforesayd above supposeth And this c. whereupon c. Issue upon the traverse AND the aforesaid Playntife sayes that he ought not by any thing before prealleaged to be debarred from having his Action aforesayd because he saith that the aforesayd N. is guilty of the maintenance and sustentation of the playnt aforesayd of the Debt aforesayd in the said County of Bedford in manner and form as hee the same F. above against him hath complained And this he prayes may be enquired of by the Countrey and the aforesayd N. in like manner c. Therefore the Jury thereupon is to come before our Lord the King from the day of Saint Martin in fifteen dayes wheresoever c. And who neither c. To recognize c. Because as well c. The same day is given to the Parties aforesayd c. And the Processe thereupon being contained between the parties aforesayd by the Jury put in respit thereupon between them before our said Lord the King from the day of St. Hillary in fifteen dayes then next following wheresoever c. for want of Jurors c. At which day before our Lord the King at Westminster came the parties aforesayd by their Attorneys aforesayd and the Jurors of that Jury being impannelled and called in like manner The Entrie of a Verdiction the Statute of Maintenancâ— come who being chosen tryed and sworn to speak to the truth of and upon the premises say upon their Oath that the aforesayd N. is guilty of the maintenance and sustentation aforesaid in the forme wherein the aforesaid F. above against him the said N complaineth and they assesse the damages of him the said F. by the occasion of the maintenance and sustentation aforesayd above his costs and charges c. unto 100. l. And for his costs c. unto eight pounds And further the same Jurors upon their Oath aforesaid say that the aforesaid I. L. is in nothing guilty of the maintenance and sustentation aforesaid c. Therefore it is considered that the aforesaid F. recover against the aforesaid N. his damages aforesaid as well by occasion of the maintenance and sustentation aforesaid as for his costs and charges by him about his Suit in that behalfe laid out by the Jury aforesaid to 108. l. in form aforesaid taxed c. And that the same N. be taken c. And that the aforesaid F. be in mercy for his false clayme against the aforesayd I. of the maintenance and sustentation aforesaid for that the same I of the maintenance and sustentation aforesaid by the Jury aforesaid above stands acquitted And that the same I. L. go without day c. Afterwards to wit the second day of June in the eleventh year of the Raign of our Lord the King that now is the aforesaid N. is committed to the Marshall c. for the damages aforesaid there to remain untill the aforesaid F. of those damages shall be fully satisfied and that he shall have made his Fine to our Lord the King in that behalfe c. A remittiter entered Afterwards to wit the eleventh day of July such a yeare came the aforesaid F. before our Lord the King at Westminster in his proper Person and freely remits and releases his damages aforesaid as also all manner of execution which against him by reason of the premises he either hath or may have Therefore it is considered that the aforesaid N. go without day c. AND the aforesaid Defendant sayes Iustification in Maintenance as for a servant that he at the time of the levying of the plaint aforesaid And before the levying of the same Action and before the maintenance aforesaid supposed to be made and at the time of the maintenance aforesaid supposed to be made was a Companion of the Society of Lincolnes Inne London in the Ward of Farington without which said Society is a certaine Society of Men of the Courts of the Temporall Lawes and of Counsellors of the aforesaid Lawes from time out of mind hath so been And that he before the levying of the playnt aforesaid and before the maintenance aforesaid supposed and at the time of the maintenance aforesaid supposed was and yet is a Counsellor learned of and in the Law aforesaid
And sayes that he at and by the request of the aforesaid I. B. and W. T. in the Bill aforesaid named before the maintenance aforesaid supposed was reteyned at F. in the County of B. to be of Counsell with them the said I and W. in the Bill aforesaid named Taking therein for his Counsell as then and there between them was agreed By virtue of which Reteynder the same B was of Counsell of the aforesaid I and W. as well in the matter in the plaint aforesaid contained as in all other their Law matters and them counselled according to the best of his understanding knowledge and conception of the Law at the time of the maintenance aforesayd supposed and had Communication with other persons of their Counsell and them he requested and laboured to be of their Counsell as it was lawfull for him to do which is the same maintenance whereof the aforesaid Plaintiffe in his Bâ—ll aforesaid complaines Which all and singular the same Defendant is ready to averre Whereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his Action aforesaid against him c. The Plaintife sayes that the Defendant was a Lay man and not a Counsellor AND the aforesaid A. sayes that he by any thing before pre-alleadged ought not to be debarred from having his Action aforesaid because he saith that at the time of the maintenance aforesaid the aforesaid Defendant was a Lay man and not a Counsellor learned of and in the Law aforesaid as the aforesaid Defendant hath above alleadged And this he prayes may be enquired of by the Countrey And the aforesaid Defendant in like manner c. Iustification in mayntenance as an Attorney by warrant of Attorney AND the aforesaid I. B. in his proper Person comes and having heard the Bill aforesaid defends the force and injury when c. and all contempt and whatsoever c. by Protestation that the Bill aforesaid containeth not in it sufficient matter to enforce him the sayd I. to answer the same matter for Plea he saith that he presumeth not that our Lord the King will impeach or molest him the said I. of the maintenance aforesaid by occasion of the Bill aforesaid because he saith that the aforesaid R.P. before the time wherein the maintenance aforesaid was supposed to be made that is to say such a day and year in the Court of our Lord the King before him the said King at Westminster the aforesaid plaint then depending in the same Court by Writ of Attaint by a certaine Warrant of Attorney residing here in Court constituted and ordained and put in his place him the said I.B. to prosecute for him the said R.P. the aforesaid Writ of Attaint or to gaine or loose in that plaint and the same I. B. was to this admitted by the same Court as it appears here in the same Court amongst the Warrants of Attorney of the Term of the Holy Trinity in the 34th yeare aforesayd By which the same I.B. the said Writ of Attaint for the aforesaid R. P. prosecuted and for him the said R. P. apeared in the same plaint as Attorney of him the said R. P. by vertue of the Waâ—â—ant aforesaid the said time wherein c. as it was lawfull for him to do which said prosecution and appearance are the same maintenance whereupon the said Lord the King prosecutes his Action And this he is ready to averre as the Court c. whereupon he presumeth not that the said Lord the King him the said I. B. of the maintenance aforesaid by occasion of the Bill aforesaid in this case will impeach or molest and prayes that he may be quietly therefrom dismissed c. And the aforesaid R. F. by G.L. his Attorny comes and defends the force and injury when c. and all contempt and whatsoever Iustification in Maintenance by cause of Consanguinitie c. And sayes that the aforesayd W. C. ought not to have his action aforesayd against him because he saith that he the same R. F. is and the sayd time wherein the Maintenance aforesaid was supposed to be made was Cosen of the aforesaid R. M. that is to say Son of Margaret Sister of Alice mother of the aforesaid R.M. for whose part the aforesaid W.C. supposeth him the said R.F. to have maintained the plaint aforesaid And the same R. F. sayes further that the aforesaid R. M. for whose part c. before the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto him the sayd R. F. and requested him the said R. F. that he the said R. F. would procure a certaine man learned in the Law of the Land to be of Counsell of him the said R. M. in the playnt aforesaid And that the same R. M. would well and sufficiently reward him for his Counsell By virtue of which request he the said R.F. the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto one E. L. learned in the Law of the Land and requested him the said E. that he would be of Counsell with him the said R. M. in the playnt aforesaid and told him the said E. that the aforesaid R.M. would well and sufficiently reward him the said E. for his Counsell Which said coming to the aforesaid E. requesting and speaking to him the said E. out of the cause aforesaid are the aforesaid maintenance whereof the aforesaid W. C. brings his action aforesaid And this c. as the Court c. Whereupon he prayes judgment whether the aforesaid W.C. ought to have his Action aforesaid against him c. And the aforesaid W. C. not acknowledging that the aforesaid R.F. is a Cosen of the aforesaid R. M. in the form wherein the same R. F. above supposeth The Plaintife replies that the Defendant gave money to the Iurors of his own to give a Verdict for Plea he saith that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid R. F. the said time wherein the maintenance aforesaid was made at S. aforesaid gave oâ— his own proper Money to one I. P. 6 s. 8 d. being one of the Jurors who were impannelled on the aforesaid Writ of Novell desseisin to be arraigned and before the aforesaid I. P. and R. L. Justices of Assizes of our Lord the King in the County aforesaid assigned to be taken returned between the aforesaid R. M. and the aforesaid W.C. the now Plaintiff And unto T. R. 3 s. and 4 d. another of the Jurors on the aforesaid Writ of Assize of Novel desseisin in like manner impannelled and before the aforesaid Justices between the same parties in the playnt aforesaid named to speak their verdict with the aforesaid R.M. in the same plaint Which said gifts are the same mayntenance upon which the same W. C. conceiveth his action aforesaid And this c. as the Court
form of the Statute aforesaid in manner and form as he the same T. above by his Declaration alleadgeth and of this he puts himselfe upon the Countrey And the aforesaid T. A. who as well prosecutes for our Lady the Queen as for himselfe in like manner c. Vpon the Statute of Mayntenance where the Defendant took promise to have parcell of the Land Declar. as before yet the aforesaid R. little weighing the Statute aforesaid after the publishing the Act aforesaid to wit such a day and yeare at Derby for a certaine summe of money between him the said R and one W. L. of C. in the County of W. Yeoman agreed upon took of the same W. a promise to have the Moyetie of eight Messuages three Cottages and twenty Acres of Land with the Appurtenances in Derby of which said Moyetie of the same Tenements with the Appurtenances the aforesaid W. or any of his Predecessors or he by whom the said W. clayms the same Moyetie with the Appurtenances was not nor were not in possession nor seised of the same in Reversion or Remainder nor did receive or recovered the Rent or profits thereof by the space of one whole yeare next before the promise aforesaid thereupon made And the same W. B. sayes that the aforesaid R. D. the aforesaid time of the promise of the Moyetie of the Tenements aforesaid with the Appurtenances in form aforesaid made known that the aforesaid W. L. or any of his Antecessors or those by whom the same W. claimes the same Moyetie was not nor ever were in possession nor seised of the same Moyetie with the Appurtenances in Reversion or Remainder nor did receive or received the Rents or profits thereof by the space of one whole yeare next before the promise thereupon made And further the same W. sayes that the true and entire value of the Moyetie of the Tenements aforesaid with the Appurtenances in manner and forme of the aforesaid promise in the aforesaid time of the same promise did amount to the summe of 200. Marks By which the Action did accrue to him the said W. who as well c. to require and have of the aforesaid R. for the aforesaid Lady the Queen and for himselfe the aforesayd 200 Marks the value of the Tenements aforesaid with the Appurtenances against the forme of the Act aforesaid so promised yet the said R. although often required the aforesaid 200 Marks to him the said W. who as well c. he hath not as yet rendered but the same him to render hitherto hath denied and as yet denyeth Whereupon the same W. who as well c. sayes that he is worsted and hath damage to the value of twenty pounds and thereupon he brings his Suit c. And the aforesaid R. by D.C. his Attorney comes and defends the force and injury when c. and by Protestation in that the aforesaid W. was in possession of the aforesaid Moetyie of the Tenements aforesaid with the Appurtenances and receaved the Rents and profits thereof by the space of the aforesaid one whole yeare next before the aforesaid one and twentieth day of July in the sixth yeare aforesaid By protestation also that the true and entire value of the aforesaid Moyetie of the Tenements aforesaid with the Appurtenances the aforesaid one and twentieth day of July did not amount to the aforesaid summe of two hundred Marks For Plea the same R. saith that he took not of the aforesaid W. L. the promise to have the Moyetie of the Tenements aforesaid with the Appurtenances against the forme of the Statute aforesaid as the aforesaid W. B. by his Declaration aforesaid above against him supposeth And of this he puts himselfe upon the Countrey and the aforesaid W. B. in like manner c. Declaration upon the Statute of scandall mayntenance of 2 Richard the 2. Damage recovered by the Bishop of Winester against T. Iones upon this Action See Trin. 2 H. 8. rol 30. The like Easter 7 Hen. 8. Rol. 43. SVff T. Lucas late of London Gent. was attached to answer Edward Dâ—â—e of Buckingham of a Plea Wherefore whereas in the Parliament of our Lord King Richard the second late King of England after the Conquest held at Gloucester in the second yeare of his Raign published â—mongst other things it is ordained and strictly prohibited none should be so bold as to affront speak against or defame the Prelates Dukes Earles or Barons of his Realme of England nor of the Chancellor Treasurer or Clerk of the private seale Steward of his house-hold Justices of our Bench nor of other great Officers of the Kingdome aforesaid by any false newes lies or any the like false scandals whereby any scandall or discords within the aforesaid Kingdome may arise And that whosoever should do this should have and incurre the punishment otherwise thereupon ordayned by the Statute of Westminster the first as in the same Statute more fully is contained yet the aforesaid T. L. little weighing the aforesaid Statute divers false and horrible lyes of the aforesaid Duke then being one of the Peares of this Kingdome at Rasbie scandalously spoke and reported and in English words publickly published the words subscribed in English following that is to say That the said Thomas said that he set not by the Duke two pence and that the sayd Duke hath no more conscience then a Dog and so the said Duke may have goods he force not how he come thereby Whereby great scandall and discord to him the said Duke then there within the said Kingdome might arise in contempt of our said Lord the King that now is and to the dammage of him the said Duke one thousand pounds and against the forme of the Statute aforesaid c And whereupon the same Duke by I.C. his Attorney sayes c. that the aforesaid T. Lucas the Statute aforesayd little weighing such a day and yeare diverse false and horrible lyes of the aforesaid Duke then one of the Peares of this Kingdome being at R in the County of Suffolk aforesaid scandalously spoke and reported and in English words publickly published the words subscribed in English following that is to say that c. Whereby great scandall and discord to him the said Duke then there within the said Realme might arise in the contempt of our Lord the King that now is and to the damage of him the said Duke one thousand pounds c. And against the forme of the Statute aforesaid and thereupon he brings his Suit c. HErtf ss Richard Warnecomb lately of c. under-Sherife of T.C. Esquier Sherife of the County aforesaid Declaration upon the Statute of 23. Hen. 6. against Extorrion in any Sherifs c. Mich. 2â— Hen. 8. Rollo 358. was summoned to answer I. E. who prosecutes as well for our Lord the King as for himself of a Plea that he render him forty pound which he owes him and unjustly detaines c. And whereupon the same I.
Withernam so many of the cattell of the aforesaid I. M. as are of the value of those cattell and the same to the aforesaid E. D. he cause to be delivered untill these cattell to the aforesaid E. he will deliver and put by sure and safe pledges the aforesaid I. M. that he be before c. such a returne c. to answer the Keepers c. as well of the contempt as the aforesaid c. of the damages and injuries to him in that behalfe brought The same day is given to the aforesaid E. c. THE TABLE A. ABatement where two Tenants in Common and but one named in the writ Title of Abatement Fol. 1 Abatement for Misnomer of a Town pleaded and Issue upon it 2 Abatement for Misnomer of the addition of a Name 2 Abatement for Misnomer in the Sur-name 3 Appeal of Robbery against the Principalls and Abbettors where some are Bailed and others not the triall and Verdict 5 Avowry for Rent arreare title Replevin 25 Avowry for Rent arreare title Replevin 27 Avowry for services and suit of Court undone title Replevin 29 Avowry for homage unperformed and Rent unpaied title Replevin 32 Avowry for Rent arreare title Replevin 34 Avowry for Rent behind and services undone title Replevin 38 Acknowledgement to an avowry and Judgment thereupon title Replevin 39 Avowry for Damage-feasant title Replevin 38 Avowry for Rent unpaid and services and suit of Court undone title Replevin 40 Avowry for Rent arreare title Replevin 41 Attornment of tenant to the Lord title Replevin 43 Avowry for Rent behind and homage and fealty title Replevin 44 Avowry by one Defendant and justification as a servant by the other for a Rent-charge behind title Replevin 49 Aide prier and joynder thereupon title Replevin 50 Avowant maintaines his plea and traverses Nonage pleaded in bar to him title Replevin 51 Avowry by virtue of a special custome within a Mannor title Replevin 54 Avowry of taking goods by a Maior of a Towne for tole denied title Replevin 55 To the avowry the Plaintiff pleads that he is Burgess of the Burrough of B. and that by reason thereof he is discharged of all toles within the Town of H. title Replevin 56 Avowry as to part of the Cattell that he took it for a Herriot and as to the other that he did not take title Replevin 58 Avowry by one Defendant as damage feasant and no caption by the other title Replevin 67 Avowants plead that they tooke the Cattell by the name of a Distresse and they put them in open Pound where they perished title Replevin 69 Aide prier after issue joyned title Trespass 35 Assise upon no â—ell disseisin of tenements c. and judgment upon it and a Habere facias Possessionem title Assise 9 In assise the Originall anâ— the returne thereof title Assise 10 In assise the Habeas Corpus Juratorum and return title Assiâ—e 11 Assise upon novell disseisin a declaration in it title assise 11 In assise no disseisin pleaded title assise 12 Audita querela upon an escape by a Bailiff of a Liberty title Audita querela 15 In Audita querela the Defendants appeare by Attorney and imparle 18 Admission of one under age to sue by Prochain â—my to be entred upon record upon the Rule where the declaration is entred title errour 40 Affirmation of a judgment after a writ of errour in the Exchequer chamber title errour Fol. B. BAR especiall to an advowâ—â—â—â—tle Replevin 2â— Bar to an advowry for that the Defendant took the Catter out of his Fee title Replevin 31 Bar to an advowry for that the Defendant hath nothing in the tenements c title Replevin 36 Bar to an advowry that he did not hold the Land by the services c. title Replevin 40 Bar to an advowry that the Defendant was never seised of the Rent and services c. title Replevin 43 Bar to an advowry that the Defendant took the Cattell out of his fee c. title Replevin 45 Bar to an advowry that the property of the Chattells himselfe and not in another title Replevin 47 Bar pleaded in Avowry by Nonage title Replevin 50 Bar to an Advowry that the Land wherein a Herriot was taken was without the Fee title Replevin 66 Bar for want of inclosure pleaded to an Avowry for Damage-feasant title Replevin 67 Bar to a justification that it is the Free hold of the Plaintiff and not of the other title Trespasse 83 C. CAse for scandall of a title Title trespasse upon the case 72 Case for scandalous words that the Plaintiff was a Felon title trespasse of the case 74 Case for stopping of a way title trespasse of the case 76 Case upon a promise in consideration of money to secure goods beyond the â—eas title trespasse upon the case 77 Case against a Sherif for not arresting one upon an execution being in his presence title trespasse upon the case 79 Case upon an assumpsit to save one harmlesse from an Obligation title trespasse upon the case 82 Custome of London that the Rector of any Church may let the Land of his Church with the assent of the Wardens of that Parish and of honest Persons Vestrie men title Trespasse 89 Custome speciall pleaded amongst heirs in Gavelkind title Trespas 96 Colour pleaded the manner of it title Trespasse 101 Conveyance pleaded in consideration of Marriage title Trespasse 101 Colour by demise of Copie of Court Roll Title Trespas 110 Colour by Feoffement Title Trespasse 30 Custome for a Mortuarie pleaded Title Trespas 32 Charge given to the Jury upon Assize Title Assize 13 Conspiracie Declaration in it for causing one to be endicted for witch craft Title Conspiracie 20 Conspiracie Declaration in it for one who was indicted together with others before the Justices of the Peace and afterwards acquit by the Justices of Assize Title Conspiracie 22 In Conspiracie one Defendant Justifies as a Counsellor giving advice and the other as witnesses Title Conspiracie 23 Case upon a Trover and conversion of a Reclaymed falcon Title Trespas upon the Case 73 Case for keeping a Dogge accustomed to bite Sheep Title Trespasse upon the Case Case upon Warrantie of a Hawke Trespas upon the Case 74 Case for stopping of a Water-course title Trespas upon the Case 74 Case against an Inne-keeper for selling his Guests Horse title Trespas upon the Case 75 Case for warrantie of Cattell fold title Trespas upon the Case 75 Case upon a promise on a Bargain title Trespas upon the Case 76 Case against one for cheating with false Dice title Trespas upon the Case 77 Case upon a Trover of a Recognizance title Trespas upon the Case 77 Case upon a Trover and Conversion for a Ring title Trespas upon the Case 78 In Case upon trover and conversion the Defendant pleads that he bought the goods in open Market c. title Trespas upon the Case 78 Case against one for scandalls of a title title Trespasse upon the Case 79 Case against