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
Trespasse done into the said Tenements with the Appurtenances in which c. entred And the said T. and J. of those Tenements with the Appurtenances in which c. wholly expelled and amoved by which the said C. was thereof possessed untill the said T. and J. at the said time in which c. with Force and Armes aforesaid the Close of him the said C. in the said place in which c. did breake and his said Grasse there then growing with the said Cattell did eat up tread and consume and the said Ground there with a Plow did rip up and also his said Wood there then growing they did cut down and carry away against the Peace c. in manner and form as the same C. before against them himselfe now complaineth And this c. whereupon from which the said T. and J. the said Trespasse before acknowledging the same C. prayeth Judgment and his said Damages by occasion of that Trespasse unto him to be adjudged c. AND they the said T. and J. say that they the said T. and J. by the said space of one yeare that is to say from the said two and twentieth day of Aprill in the fourth yeare of the said Reigne of the said now King above said untill the said foure and twentieth day of Aprill in the fifth yeare of the Reigne of the said now King aforesaid did inhabit within the said Mannor of B. and not without in manner and form as the said C. before in replying hath alledged and this c. Whereupon as before he praieth Judgment and that the said C. from his said Action thereupon against them had may be procluded c. AND the said C. as before saith that the said T. and J. by the space of one yeare and a day that is to say from the said two and twentieth day of Aprill in the fourth yeare of the Reigne of the said now King untill the foure and twentieth day of Aprill in the fifth yeare of the Reigne of the said now King did inhabit without the said Mannor of B. that is to say at C. aforesaid and within the Mannor of the said C. in manner and form as the same C. before in replying hath alledged And this he prayeth that it may be inquired of by the Country c. WILLIAM Attersale Kent Declaration upon the Statute of the eighth year of H. 6. of forcible entryes by Deeds complaineth of John Fuller and M. his wife and VV. Parker in the custody of the Marshall c. Of a Plea wherefore whereas in a Statute in Parliament of the Lord Henry late King of England the sixth after the Conquest at VVestminster in the eight yeare of his Reigne held established amongst other things it should be continued that if any person of any Lands or Tenements with main strength be expulsed and disseised or peaceably is put out and afterward is held out with force or any Feoflment or discontinuance thereof after such entry for the Right of the Possessor to defraud and take away in any manner is made the party in this behalfe grieved may have against such disseisor an Assise of new disseisin or a writ of Trespasse and if the party grieved by Assise or by Action of Trespasse shall recover and by Verdict or in other manner by due form of Law it shall be found that the party Defendant in the Lands and Tenements was by force of entry or after his entry should hold by force the Plaintiff shall recover his treble Damages against the Defendant And further shall make Fine and Redemption as in the same Statute more fully is contained Notwithstanding they the said J. M. and W. P. the said Statute little weighing and the Penalty in the same little fearing the first day of October in the sixth yeare of the now King Edward the sixth into two parts of one Messuage and twelve Acres of Land with the Appurtenances of him the said VV. A. in J. in the County aforesaid with main force that is to say with Swords Staves Clubs Bowes and Arrowes they entred and the said VV. A. with main force expulsed and disseised and him so expulsed and disseised of the same two parts of the said Tenements with the Appurtenances with the said main force withheld and as yet doth withhold from the same to the contempt of the said now King and to the Damage of him the said W. A. 20 l. and against the form of the said Statute and against the Peace of the Lord the now King And thereupon he bringeth his Suit c. Defendant iustifies by vertue of a certain demise unto them at will by one made his own Right the rest as his Servants peaceably and quietly entry into the Tenements c. AND they the said J. F. M. and W. P. by I.C. their Attorney come and defend the force and wrong when c. all Contempts and whatsoever c. And say that long before the said Entry into the said Tenements with the Appurtenances before supposed to be done one I. G. was seized of the said Tenements with the Appurtenances in his Demesne as of Fee and him the said I. G. so being thereof seized the same I. G. afterward and before the said time in which c. that is to say the eighth and twentieth day of October in the yeare of the Lord 1541. at I. aforesaid made his last Will and by the same Will that I. then his Wife should have the said Tenements with the Appurtenances to the Tearm of the life of her the said J. so that after the Discease of her the said J. have those Tenements with the Appurtenances should remain unto one J. K. and his Heires for ever And afterwards and before the said time in which c. the said J. at I. aforesaid died after the death of which said J. G. by vertue of the said last Will the same J. into the Tenements with the Appurtenances entred and was thereof seized in his Demesne as of Free-hold and she the said J. so thereof being seized the same J. long before the said time in which c. that is to say the twentieth day of September in the sixth yeare of the Reigne of the now Lord King Edward the sixth at J. aforesaid demized the said Tenements with the Appurtenances unto the said J. F. one of the aforesaid Defendants to have and to hold those Tenements with the Appurtenances unto the said J. F. his Executors and Assignes from the Feast of Saint Michaell the Arch-angell Lease at will from thence next following and fully to be compleat and so from yeare to yeare as long as both parties should please By vertue of which said Demise the same J. F. into the said Tenements with the Appurtenances entred Colour by demise and was thereof possessed and the said W. A. claiming the said Tenements with the Appurtenances by colour of which Deed of Demise unto him thereof made by the said
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
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
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
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
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
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
manner whatsoever And whereas also all and singular Pleas of whatsoever trespasses speeches and publishing of scandalous English words whatsoever touching and concerning the Banckruptery or insufficiency or poverty of any person being a Merchant at the time of the speaking or publishing of the same scandalous English words and all other such Pleas and matters onely are not of the Test or Jurisdiction but doe specially appertein and belong to their now Queen and her Regall Crown and by the Lawes of the Land of this Kingdome of the said Queen of England they ought not in any manner whatsoever to be tryed ended and discussed before the Admirall or by the Admirall or by his Deputy and from the time of mans memory they ought and were accustomed to be tryed c. by the Lawes of the Land Notwithstanding which one John Raynes Merchant of the City of London not being ignorant of the Premisses cunningly devising and intending the same J. Osborn against the due form of the Law of this Kingdom of England unduly to grieve oppress and weary out and the said now Queen and her Regall Crown to dis-inherit and also the Cognizance of a Plea which to the same Queen and her Regall Crown in this behalf and not to the Court of Admiralty doth belong to another Tryall in the Court of Admiralty to draw him the said J. O. in the Court of Admiralty before the Worshipfull and excellent man The stile of the Judge in the Court Admirall Mr. David Lewis Doctor of Lawes chief President of the Court of Admiralty or his lawfull Deputy or other competent Judge in this behalf whatsoever of and for the protestation of the insufficiencie and disabling of the said John Raynes Merchant being as before is spoken of and of and for the speaking publishing and affirming of the English words following that is to say c. as by the Libell of him the said J.R. against him the said Jo. Osborn exhibited and here profered to the Court more plainly it may and doth appear where in truth the speaking publishing and affirming of the said scandalous words and the aforesaid protestation by the said J. O. before supposed to be done in the said Libell specified if any or which like speech divulging affirming or Protestation were had and done at Guilford in the County of Surrey and not upon the main Sea nor within the Maritine Jurisdiction And the said J.R. the same J. O. in the said Court of the said Admiralty to condemn and the said J. R. of and in the Premisses to answer with all his Forces as yet endevoureth and from day to day cunningly deviseth And although the said John Osborn all and singular the Premisses in the Court of the said Admiralty before the aforesaid Judge of the Court of that Admiralty for his discharge in the Premisses had often pleaded alleged and brought inevitable testimony to prove Notwithstanding which the Judge of the Court of that Admiralty altogether refused to admit that Plea and allegation in contempt of the said now Queen and to the manifest damage prejudice impoverishment and grief of him the said John O. And this the said J.O. is ready to prove whereupon the said John here most humbly imploring the gracious Ayd of the Court of the said Queen prayeth remedy and the Writ of Prohibition of the said Queen to be directed to the Judge of the Court of that Admiralty to prohibit him that he in no wise should any further hold the aforesaid Plea of the Premisses in any manner whatsoever depending before him c. And it is granted unto him c. ACTIONS OF REPLEVIN REPLEVIN ss AND the said R. R. by T.S. his Attorney cometh and defendeth the force and Injury when Defendant justifies the taking of the Cattell for Rent behinds c. And doth well avouch the taking of the said Cattell in the said place in which c. And justly c. because he saith that the said place in which c. is and from the time of the said taking and before was one acre of Land in R. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said R. was seized in his Demesn as of Fee of one Messuage one Garden ten acres and half an acre of land and two acres of Wood with th' appurtenances in R. aforesaid whereof the said place in which c. is And at the said time in which c. was parcell And so being thereof seized that same Messuage Garden land and Wood with th'appurtennaces long before the time of the taking aforesaid that is to say at the Feast of St. Andrew the Apostle in the year of the Reign of the Lord Edward late King of England the fourth after the Conquest brother of the Lord the now King 22. at R. aforesaid Demised unto the foresaid I.A. To have to him from the same Feast as long as it should please him the said R. yielding therefore yearly unto the said R. as long as the said J. should have and occupy the said Messuage Garden Land and Wood 21. shillings at the Feast of Pentecost and Andrew the Apostle by equall portions yearly to be paid by virtue of which Demise the said I.A. the said Messuage Garden land and wood with th' appurtenances from the said Feast of St. Andrew the Apostle untill the Feast of Saint Andrew the Apostle next before the time of the taking aforesaid had and occupied And for that that 21. shillings of the said Lease by the said time unto him the said R. at the time of the said computation remained in arrear and as yet remaineth unpaid doth well avouch the taking of the sayd Cattell in the said place in which c. and justly c. And this he is ready to prove whereupon he prayeth Judgement and the return of the said Cattell to be adjudged unto him c. Plaintif saith that before the Defendant had any thing one N. was seized of the Premisses and afterward the said Land descended to the Wife of the Plaintif as Heir of N. by which the Plaintif claimed the Tenements in hereditarie right and that the Defendant had nothing in the Tenements unlesse by Intrusion Claim ss ANd the said J. A. saith that the said R. the taking of the said Cattell in the foresaid place in which c. by any matter before alleged that he ought not to avouch the same to be just because he saith that long before the time of the said Caption and long before the said R. had any thing in the said Messuage Garden land and Wood with th' appurtenances one N. A. was thereof seized in his Demesn as of Fee and dyed of such his estate thereof seized after whose death the right of the aforesaid Tenements with th'appurtenaces descended unto one T. A his Son and Heir of him the said N. and the said R. after the death of the said N. into
the said Tenements with th' appurtenances intruded himself and by that intrusion was thereof seized in his Demesn as of Fee and so thereof being seised made the foresaid Demise unto the said J. A. in form aforesaid And the said T. A. afterwards dyed without Heir of his body begotten after whose death the right of the said Tenements with th' appurtenances descended unto one E. then the Wife of him the said I. A. as Sister and Heir of him the said T. him the said I. A. being then possessed of the said Tenements with th' appurtenances by vertue of the sayd Demise And the said I. and E. immediately after the death of the said T. claimed the said Tenements with th' appurtenances in the right of her the said E. And the said I. A. further saith that at the said time the said T. was nothing in arrear of the said Lease unto the said R. And this he is ready to prove whereof from which the said R. before acknowledging the taking of the said Cattell prayeth Judgement and his Damages by that occasion to be adjudged unto him c. Defendant saith that true it is that N. was seized c. and thereof infeoffed him the Defendant and one R. C. who afterwards dyed by pretence of which the Defendant was alone scized by right of Incroachment and after that made a Demise c. Right of Encroachment without this ss AND the said R. R. saith that well and true it is that the said N. was seized of the said Tenements with th' appurtenances in his Demesn as of Fee and so thereof seized thereof infeoffed him the said R. and one R. C. to have to them and their Heirs for ever by vertue of which said Feoffment they the said R. and R. were thereof seized in their Demesn as of Fee and the said R. C. afterward dyed of such estate thereof seized And the said R. above joyned himself and of the said Tenements with th' appurtenances was alone seized in his Demesn as of Fee by right of Incroachment and so thereof seized the said Demise unto the foresaid I. A. in form aforesaid made in which form the said R. the said R. by his said Avouchment before supposeth without this that the said R. into the said Tenements with th' appurtenances after the death of the said N. intruded himself in which form the said A. before in pleading hath alleged And this he is ready to prove whereupon as formerly he prayeth Judgement and the retorn of the said Cattell to be adjudged unto him c. ss AND the said I. A. saith Issue upon Intrusion c. that the said R. into the said Tenements with th' appurtenances after the death of the said N. intruded himself in what form the said above in pleading hath alleged And this he prayeth may be inquired of c. ss AND the said R.R. and T. G. by W. H. their Attorney cometh and defendeth the force and injury when Defendant as Servant acknowledgeth the taking of the Cattell and parcell of the Rent so in arrear by the name of Distresse Par. 18. H. 7. ro ' lxxv c. all Caption and whatsoever And saith that the said A. T. his said Action against them ought not to maintain because he saith that one G. B. long before the said time in which c. was seized of a certain Tenement with th' appurtenances heretofore of I. H. in the said Parish 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 saith that one E. Prior of the Church of St. George of Cambridge and all his Predecessors Priors of that Monastery from time out of mind were seized of a certain annuall Rent of two shillings four pence issuing out of the said Tenements with th' appurtenances whereof the said place in which c. is and then was parcell in his Demesn as of Fee as in right of that Monastery at the Feasts of St. Michael the Arch-Angel and of the Annuntiation of the blessed Virgin Mary to be paid by equall portions and that the said Prior and all his Successors from the said time out of mind Prescription pleaded to distrein for Rent used to distrein for the said Rent of 2. shillings four pence as often as at any Feast of the said Feasts it was in arrear in part or in the whole not paid upon the said Tenements with th' appurtenances whereof the said place in which c. is and then was parcell and the Distresses so there taken to lead drive and in possession to keep them untill full satisfaction should be unto him of the said annuall Rent and the Arrerages of the same if any were And further that they the said R. and T. say that for 23. shillings 4. pence being behind for ten years parcell of 6. pounds 6. shillings 8. pence being behind at the Feast of St Michnel in the 18th year of the Reign of the now King for 40. years next before the said Feast the said R. and T. as Servants of him the said now Prior and by his Command at the said time in which Inquire if it should not be whereupon he prayeth Judgment and the return of the said Cattell c. c. doth well acknowledge the taking of the said Cattell in the said place in which c. by the name of Distresse and the said 23. shillings 4. pence so being behind as it was lawfull for them And this he is ready to prove as c. whereupon he prayeth Judgement if the said Agnes her foresaid action thereupon against him ought to have or maintain c. Plaintif allegeth a demise made to him by one S. and prayeth Aid of the said S. ss AND the aforesaid A.T. saith that she by any matter before alleged from her said action had ought not to be precluded because she saith that one S. W. before the said time in which c. was seised of 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 he so thereof seised long before the said time that is to say in the feast of St. Michael the Archangell in the 12 year of the reign of the said Lord the now King at W. in the said County demised the said tenements with th' appurtenances Prayer of Aid Note that in the Voucher the defendant may pray Aid before Issue joyned but in other action doth not pray Aid unless after Issue joyned whereof the said place in which c. is and at the said time in which c. was parcell unto the foresaid A. to have and occupy to him and his Assignes from the said feast of St. Michael untill the end of the Term of five year from thence next following fully to be compleat by vertue of which said demise she the said
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
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
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
Trespass to be adjudged unto him ss AND the said G. B. as before saith that the said CC. Acres of Heath and Furzes are and at the said time of the said Trepass done were parcell of the said Mannor of R. in manner and form as the said G. above in pleading hath alleged And of this he putteth himself c. ss AND the said Henry Crowch by J. Percivall his Attorney commeth and defendeth the force and injury when Defendant justifies as Lossee the Coheirs in Gavelkind with the Plantiff had one Father per divers venters Mi. 11. H. 8. Roll. 88. c. And saith that the said T.B. ought not to have c. any Action because he saith that long before that the said T. B. had any thing in the foresaid Tenements with the appurtenances on T. B. Father of the said T. B. the now Plaintiff was seized of all the whole Tenements aforesaid as in his Demesn as of Fee and so thereof being seized took to Wise one A. S. and they the said T. B. the Father and A. had issue between them the said T. B. and afterward the aforesaid A. dyed after whose death the said T. B. the Father took to Wife one M. C. which said T. and M. had issue between them one G. B. and afterward the said T. B. the Father dyed by Protestation seized of all the whole Lands aforesaid after whose death the said Tenements for that that the same Tenements are and were then of the tenure and nature of Gavelkind in the County of Kent and that the same Tenements Custom of Land of the tenure of Gavelkind and all other the Lands and Tenements of the same tenure and nature are and from what time memory doth not remain were parted and partable between the Heirs Males and that from the whole time of which memory doth not remain in the County of Kent by the Custom of the said County it was used that whensoever two Heirs Males were Copartners of the half bloud of whatsoever Parent begotten were inheritable of any the Lands or Tenements of the said tenure or nature of Gavelkind in the same County and if either of the same Heirs without Heir of his body should dye of his purpartie of such like Hereditaments seized That when the other Heir Copartner of the same Heirs surviving inherited and by the whole time aforesaid was Hereditable and did inherit and ought to inherit according to the Custom of the said County all the purpart of the Lands and Tenements of the said tenure and nature of Gavelkind aforesaid of the other Heir so without Heir of his body dying or any of the other bloud of the same Heir of the whole bloud so without Heir of his body dying descended to the said Thomas B. Son and to the said G. Bedell as Sons and Heirs of the said T. B. the Father according to the aforesaid Custom By which the said T. B. the Son and G. B. into the said Tenements with the appurtenances before the said time in which c. entred and thereof were seized in their Demesn as of Fee And afterwards and before the same time in which c. the said G. B. at Southwark in the County of Surry dyed and his said Moity or purpart seized without Heir of his body lawfully begotten after whose death the Moity or purpart of the said G. descended unto the said T. B. the Son and Brother and Heir of the haâ—f bloud of the said T. B. according to the said Custom by which the said T. B. the Son into the said other Moity or purpart of the said G. his Tenements aforesaid before the said time in which c. entred and was of the whole tenements seized in his Demesn as of Fee and so thereof seized before the time aforesaid in which c. demised the said whole Tenements unto the said H. C. to have to him for the rest of the years by which the said H. C. of the same Tenements was possessed And because the said H. at the said time in which c. found the aforesaid Horse eating the Grass of him the said H. in the said Tenements then growing and there then doing dammage the said H. chased that Horse out of the said Tenements into the common Straw House as it was lawfull to him to do And this c. Whereupon c. Acknowledgeth part of the Plea of the Defendant by the Plantiff ss NOT to be precluded because he saith that true it is that the said T. B. the Father was seized of the said whole Tenements in his Demesn as of Fee and so thereof seized took to Wise the aforesaid A. S. and they the said T. and A. had issue between them the said T. B. the Son and afterward the said A. dyed after whose death the said T. B. the Father took to Wife the said M.C. and they the said T. and M. had issue between the said G.B. and that afterwards the said T. B. the Father dyed seized of the whole Tenements after whose death the said Tenements for that that the said Tenements are of the tenure and nature of Gavelkind in the County of Kent and that the same Tenements and all other the Lands and Tenements of the same tenure and nature are and from the whole time of memory doth not remain were parted and partable between the Heirs Males and that from all the said time of which memory doth not remain in the said County of Kent by Custom of the said County it was used that whensoever two Heirs Males Copartners of the half bloud of whatsoever Parent begotten were of any Lands or Tenements of the said tenure and nature of Gavelkind in the same County hereditable and either of those Heirs without Heir of his body should dye seized of his purparty of such Inheritance that then the other Heir Copartner of those surviving shall inherit and by all the time aforesaid was hereditable and did inherit and ought to inherit according to the use and Custom of the said County the purparty 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 bloud of the same Heir of the whole bloud and without Heir of his body dying descended unto the foresaid T. B. the Son and G. B. Sons and Heir of the said T. B. the Father according to the aforesaid Custom by which the said T. B. the Son and G. B. into the said Tenements with the appurtenances before the said time in which c. entred and thereof were seized in their Demesn as of Fee and that that the said G. B. at Southwark aforesaid dyed and of his said Moity or purpart seized without Heir of his body lawfully begotten in manner and form as the said H. C. in his said Bar before hath alleged And the said I. B. the now Plantiff saith that after the death of the said G.
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
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
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
M. of those Tenements with the appurtenances so being seized the same M. before the said time of the said Trespas done at C. aforesaid took to her husband the said J.B. by vertue of which they the said J. and M. were seized of those Tenements with the appurtenances in their demesne as of fee in the right of her the said M. and them the said J. and M. of those tenements with the appurtenances so being seized they the said J. and M. afterwards and before the said time of the said trespas done that is to say at the Feast of Saint Michael the Arch-Angell in the thirty seventh year of the Raign of the Lord Henry the eighth late King of England at C. aforesaid demised the said Tenements with the Appurtenances unto one S.S. and unto the aforesaid A. now one of the Plaintiffs the then wife of the same S. to have and to hold the same Tenements with the appurtenances unto the same S. and A. their Executors and Assigns from the same Feast of Saint Michael the Arch-Angel untill the End and Tearm of seven years from thence next insuing and sully to be compleat by vertue of which said demise they the said S. and A. so thereof being possessed the same S. before the said time in which c. at C. aforesaid dyed and the said Allice him survived and held her self in in the said Tenements with the appurtenances and was thereof possessed by the Right of increase and she the said A. so thereof being possessed the same A. before the said time in which c. at C. aforesaid took to her Husband the said E. H. by virtue of which they the said E. and A. were possessed of the said Tenemenrs with the Appurtenances By the Right of increase untill the said G. W. the now Defendant at the said time of the said Trespasse done the said Close with Force and Armes aforesaid did breake and enter and the said Grasse to the value c. with his feet walking did tread down and consume and the said Cattell in the said Declaration before specified then and there found he did take and chase in manner and form as they the said E. and A. before against him themselves now complaineth And this c. whereupon from which the said G. W. the now Defendant the said Trespasse before acknowledging prayeth Judgment and his Damages by occasion of that Trespasse to be adjudged unto him c. Defendant maintains the plea without this that G.W. Grand-Father infeoffed the said A.W. his Sonne c. AND the said G. W. the now Defendant as before saith that the said G. VV. the now Defendant was of the said Tenements with the Appurtenances seized in his Demesne as of Fee and he the said G. W. the Elder of those Tenements with the Appurtenances so being seized the same G. W. the Elder of those Tenements with the Appurtenances died thereof by protestation seized after the death of which said G. W. the Elder the said Tenements with the Appurtenances for that that the same Tenements are of the Tenure and Nature of Gavel-kinde 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 c. were parted and partable between the Heires Males did discend unto the said G. W. as Son and Heire of the said G. W. the Grand-father of the said G. W. the now Defendant and unto the same G. the now Defendant and to the said R. W. Brother of the same G. the now Defendant and unto the aforesaid Margery as Kinne and Co-heire of the said G. their Grand-father that is to say unto the aforesaid G. the now Defendant and Richard his Brother as Sons and Heires of the said R W. one of the Sons and Co-heires of the said G. W. the Elder and unto the aforesaid T. as another Son and Co-heire of the said G. W. the Grand-father of the said G. the now Defendant and unto the aforesaid Margery as Daughter of the said Alexander another of the Sons and Co-heires of the said G. W. the Grand-father by virtue of which the said G. W. the now Defendant and the said R. W. his Brother into the said Tenements with the Appurtenances before the said time in which c. entred and were and as yet are thereof seized in their Demesne as of Fee and the same Tenements with the Appurtenances do hold and at the time of the said Trespasse before supposed to be done and at the day of fyling the said Bill did hold and as yet doth hold in common and undivided with the said Edward and Alice who the Pur-party of the said Margery Bedell of and in the said Tenements with the Appurtenances do hold and at the said day of fyling of the said Bill did hold for tearm of yeares Without this from the demise of the said I. B. and Margery in manner and form as the said G. the now Defendant before in pleading hath alledged without this that the said G. W. the Grand-father infeoffed the said A. W. his Son of the said Tenements with the Appurtenances in Manner and Form as the said E. and Alice before in replying have alledged And this c. whereupon as before prayeth Judgment and that the said E. and A. from their said Action against him had may be precluded c. And they the said E. and A. as before saith that the said G. W. the Grand-father infeoffed the aforesaid A. W. his Son of the said Tenements with the Appurtenances in Manner and Form as they the said E. and A. before in replying have alledged and this they pray that it may be inquired of c. AND the said W. W. by R. C. his Attorney Devon Defendant Justifies that the Tenements in which c. was the ground of another man and iustifies the Trespasse as his Servant doing damage cometh and defendeth the Force and Wrong when c. And as to the coming with Force and Armes c. not guilty and as to the residue c. the same W. W. saith that the said W. S. no Action because he saith that the said Close and also the place in which c. the said Trespasse is supposed to be done are and at the time of the said Trespasse before supposed to be done were thirty six Acres of Land with the Appurtenances in V. aforesaid in a certain place there called W. which are and at the said time of the said Trespasse before supposed to be done were the Ground and Free-hold of one R. M. by which the same W. W. at the said time in which c. into the said Tenements with the Appurtenances as Servant of the said R. and by his Command entred and the said Close as the proper Close of him the said R. did breake And the same W. W. found the said Colt there the Grasse of him the said R. upon the Ground of him the said
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
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
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