c. into the possession of him the said R. by that deed ever passed into the said Mannor with the appurtenances whereof c. before the said time in which c. entred upon the possession of which said R. thereupon the said S afterwards that is to say at the said time in which c. into the said Mannor with the appurtenances whereof c. claiming the said Tearm then to come of and in the same re-entred and the said Close as the proper close of him the said S. then and there did break and the said grass as the proper grasse of him the said S. then and there growing with his cattell did eat up tread and consume as unto him it was lawfull and this c. whereupon c. Judgement if action c. NOt to be precluded because he saith that well and true it is that before the said time of the said Trespas done the said late Master and fellowes of the said late Colledge were seized of the said Mannor with the appurtenances whereof the said hundred acres of pasture with the appurtenances in which the said Trespas was done are and at the said time of the said trespas done and also from the time the contrary of which memory c. were parcell in his Demesne as of fee and so thereof seized they the said Master and fellows before the said time of the said trespas done and before the said demise of the said Mannor with the appurtenances whereof c. unto the aforesaid S. in form aforesaid made that is to say the last day of January in the twentieth year of the Raign of the said late King at E. in the said county of N. by their certain Deed with the common Seal of the same late Master and fellowes Sealed whose date is the same day and year did demise and to farm let unto one E.B. and the said S. the said mannor with the appurtenances whereof c. to have and to hold to the same E. and S. from the feast of the invention of the holy Crosse from thence forth next insuing untill to the end and Tearm of â—fty years from thence next following and fully to be compleat in manner and form as the said S. in his bar before in pleading hath alleadged And further the same R. saith that by a certain Act in Parliament of the Lord Henry the eighth late King of England Father of the said now King at Westminster in the county of Middlesex the twenty eighth of Aprill in the thirty first year of the Raign of him the late King began and there then held and continued untill the twenty eighth day of June then next following amongst other things it was enacted ordained and established by him the late King and the Lords spirituall and temporall and also the commonalty in the same Parliament then assembled and by the authority of the same that not only all late Monasteries Abbyes Priories Monks Houses Colledges Hospitalls Fryers Houses and other Religious and Ecclesiasticall Houses and Places Scites Circuits Precincts Mannors Demesnes Granges Messuages Lands Tenemenss Meadowes Pastures Reversions Services Woods Tythes Pensions Portions Rectoryes Appropriations Vicaridges Chappell 's Advowsons Patronages Annuities Interests Entries Conditions Commons Courts Leets Liberties Priviledges Franchises and all the rest of the Hereditaments whatsoever henceforth immediatly and then presently but also all other Monasteries Abbyes Priories Monks Houses Colledges Houses of Monks Colledges Hospitalls Fryers houses and other religious and Ecclesiasticall houses and Places which from thenceforth afterwards should happen to be dissolved suppressed renounced forsaken forfeited surrendred or in any other manner come to the Kings most excellent Majesty and also all Scites Circuits Precincts Mannors Demesnes Granges Messuages Lands Tenements Mannors Pastures Rents Reversions Services Woods Tythes Pensions Portions Rectories Appropriations Vicaridges Churches Chappell 's Advowsons Nominations Patronages Annuityes Rights Interests Conditions Commons Court Leets Liberties Priviledges Franchises and other Hereditaments whatsoever belonging or appertaining unto them or any of them whensoever as often as they should be dissolved suppressed renounced forsaken forfeited surrendred or by any other means should come unto the Kings Excellency they should be vested deemed and adjudged by the authoriry of the same Parliament in the true actuall and reall seizin and possession of the said late King his heirs and Successors for ever in the State and condition as at the making of the same act then were and even as all the said late Monasteries Abbyes Priories Monks Houses Colledges Hospitalls Fryers Houses and all religious and Ecclesiasticall houses and places so dissolved suppressed renounced forsaken forfeited surrendred or come to the Kings Excellency as it is before said as also the said Monasteries Abbies Priories Friers Houses and all Religious and Ecclesiasticall Houses and Places which then afterwards should happen to be dissolved suppressed renounced forfeited surrendred or become to the Kings Excellency the Scites Circuites Precincts Mannors Demesnes Granges Lands Tenements and the rest of the Premises whatsoever should be in the same Act specially and particularly recited nominated and expressed by expresse Words Names Titles and Faculties in their kindes natures and qualities And further it was enacted by the said Authority that if any Abbot Prior Prioresse or other Ecclesiasticall Governor or Governesse of any Monastery Abbey Prior Monks House Colledge Hospitall Friers House or other Religious Houses or Places which then afterwards should happen to be dissolved suppressed renounced forsaken forfeited surrendred or come to the Kings Highnesse within one yeare next before the first day of the same Parliament had made or from thence afterwards should make any Demise or Grant under their Conventuall or common Seale or otherwise for tearm of yeares or life or lives of the Scite Circuit and Precinct of their aforesaid Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or other Religious or Ecclesiasticall House or Place or of any part of them or of any Mannors Messuages Lands Tenements Rectories appropriate Tithes Pentions Portions or other Hereditaments belonging or pertaining to their aforesaid late Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or Religious or Ecclesiasticall House or Place Which Mannors Messuages Granges Lands Tenements Rectories appropriate Tithes Pentions Portions and other Hereditaments whatsoever had not been before the same Demise commonly used to be let nor set to Farm but kept and reserved in the manurate Tillage or Occupation of the aforesaid Governor or Governesse for Maintenance of Hospitality and good House keeping or within one yeare next before the first day of the same Parliament had made or afterwards should make any Demise or Grant for tearm of life or for tearm of yeares of any Mannors Messuages Lands Tenements Meadowes Pastures Woods Rectories appropriate Tithes Pentions Portions Churches Chappels or other Hereditaments whatsoever whereof and in which the State or Interest for tearm of life yeare or yeares at the time of the making any
such Grant or Demise then had there being or continuance or after that time should have their being or continuance and then were not determined ended or expired or within one yeare next before the first day of the aforesaid Parliament had made or afterwards should make any Demise or Grant for tearm of life or for tearm of yeares of any Mannors Messuages Lands Tenements Meadowes Pastures Woods Rectories appropriate Tithes Pentions Portions Churches Chappels or other Hereditaments whatsoever upon which Demises and Grants the usuall and old Rents and Formes accustomed to be rendred and reserved by the space of twenty yeares next before the aforesaid first day of the same Parliament were not or should not be or afterwards had not been thereupon reserved and rendred or if any such Governor or Governesse of any such Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or other Religious or Ecclesiasticall House or Place which from that time should happen to be dissolved suppressed renounced lost forfeited surrendred or come to the Kings Highnesse within one yeare next before the aforesaid first day of the aforesaid Parliament had made or afterwards should make any Bargain or Sale of their Woods which Woods were then growing or standing that then all and every such Demise Grant Bargain and Sale of Wood or Woods should be altogether void and of none Effect as in the same Act amongst other things more fully appeares And further the same R. saies that the aforesaid late Master and the then Brotherhood of the Mannor aforesaid with the Appurtenances whereof c. in form aforesaid being seized before the said time wherein c. to wit the sixth day of the Month of December in the three and thirtieth yeare of the aforesaid late King Henry the eighth at the Colledge aforesaid by their certain Writing with the common Seale of them the said late Master and then Brother-hood sealed And in the Court of Chancery of him the said late King at Westminster in the County of Middlesex inrolled of Record whose Date is in the Chapter House of them the said late Master and then Brother-hood there the same day and yeare wâ—th their unanimous Assent and Consent and Deliverance of Mind certain knowledge and meer motion for certain just and reasonable causes them the said late Master and then Brotherhood conscientiously moving their Soules voluntarily and of their own accord they gave and granted and by that Writing did give grant render deliver and confirm to the aforesaid late King Henry the eighth their whole Colledge with their Appurtenances and the aforesaid Mannor of E. and other the Premisses with the Appurtenances whereof c. and the Reversion and Reversions of the same Mannor amongst other things to have hold and injoy the aforesaid Colledge with all their Appurtenances and the aforesaid Manner of E. and other the Premisses with the Appurtenances whereof c. amongst other things to the aforesaid late King his Heires Successors and Assignes to the sole proper behoofe use and profit of the same late King his Heires Successors and Assignes for ever as by the same Writing amongst other things more plainly appeares By virtue of which said Gift Grant and Act aforesaid the same late King was seized of the Mannor aforesaid and other the Premisses with the Appurtenances whereof c. in his Demesne as of Fee and Right in right of his Crown of England and being so thereof seized the same late King afterwards and before the aforesaid time of the Trespasse aforesaid made to wit the tenth day of December in the thirty fourth yeare of his Reigne by his Letters Patents which he the said R. brings here into Court whose Date is at Westminster the same day and yeare did give and grant unto Henry then Earle of Surrey the Mannor aforesaid with the Appurtenances whereof c. amongst other things And the Reversion of the same Mannor to have and to hold to him the said Earle his Heires and Assignes for ever By virtue of which said Letters Patents the same late Earle was seized of the aforesaid Mannor with the Appurtenances whereof c. in his Demesne as of Fee and Right and so being thereof seized after and before the aforesaid time of the Trespasse aforesaid made the same late Earle the twentieth day of May in the thirty sixth yeare of the aforesaid late King by his Indenture at E. between him the said Earle by the name of the Honorable Henry Earle of Surrey Knight of the Honorable Order of the Garter on the one part and the aforesaid Richard by the name of Richard Filmerston Gentleman of the other part which other part with the Seale of the aforesaid Earle signed he the said R. brings here into Court whose Date is the same day and yeare did bargain and sell to him the said R. the Mannor aforesaid with the Appurtenances whereof c. amongst other things by the name of the whole Mannor of E. with the Appurtenances in Suffolke and all Lands and Tenements Meadowes Feedings Pastures Woods Under-Woods Possessions and Hereditaments accepted reputed or taken as part parcell or Member of the aforesaid Mannor or to that Mannor in any manner pertaining as also all other Lands Tenements and Hereditaments being of the aforesaid Earles in E. or elsewhere in the County of S. which the aforesaid Earle had of the Gift and Grant of the aforesaid late King or which pertained or belonged or were part parcell or member or unto the aforesaid Colledge or of the Possession thereof within three yeares next before the dissolution of the same Colledge to have and to hold the aforesaid Mannor and all other the Premisses with their Appurtenances to the aforesaid R. his Heires and Assignes for ever as by the same Indenture amongst other things it more fully appeares Which sayd Indenture before Sampson Michell Clerke one of the Masters of the Court of Chancery of the aforesayd late King afterwards the same twentieth day of May in the thirty sixth yeare aforesayd as the Deed of him the sayd Earle by him the Earle was acknowledged and in the Chancery aforesayd the same day and yeare according to the forme of the Statute in that case published and provided was inrolled by which the same R. was seized of the Mannor aforesayd with the appurtenances whereof c. in his Demesne as of Fee untill the aforesayd S. afterwards to wit the aforesayd time wherein c. into the Mannor aforesayd with the appurtenances whereof c. did enter and the Close aforesayd then and there broke and the Grasse aforesayd then and there growing with the Cattell aforesayd did eate up trod downe c. in manner and forme as the aforesayd R. above against him complaines And further the same R. sayes That the aforesayd Demise of the Mannor aforesayd with the appurtenances whereof c. by the aforesayd late Master and the Brotherhood to the aforesayd E. Bestroy and S. in forme aforesayd made had
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
ought not to have his action against them c. because by protestation they say that the aforesaid A. was never taken and deteined in Prison of the Marshalsee of our Lord the King before him the said King by reason of the Indictment aforesaid in manner and form as he above hath declared yet for Plea they say that long before the Conspiracie aforesaid supposed to be made the aforesaid E.P. I.G. T.C. T.S. and A.H. the aforesaid seventh day of October in the tenth year of our Lord the King that now is aforesaid by force and arms that is to say with Swords Staves and Knives at S. aforesaid in the aforesaid County of Lincoln the Close and House of the aforesaid R. B. they did break and enter and one Cart-load of Hay to the value of six shillings eight pence of the goods and chattels of him the said R. B. then and there found they riotously took and carried away And for that that the aforesaid A. P. was there present at S. aforesaid at the said time of the Riot and Trespasse aforesaid committed And in like manner that the common voice and fame was that the Riot and Trespass aforesaid was done and committed by the Command of the aforesaid A. and the aforesaid R. B. after the Riot and Trespass aforesaid committed and before the Conspiracie aforesaid supposed to be made came to the aforesaid T. G. unto B. in the County aforesaid for that the same T. G. was learned in the Law of 〈◊〉 Land And to him the said T. G. reported the whole matter 〈◊〉 Riot and Trespass aforesaid And prayed Counsell of him the 〈◊〉 T. what in that matter was fit to be done And the foresaid T. G. then and there demanded of the aforesaid R. B. whether he had any testimony of the Riot and Trespass aforesaid And the same R. R. said that the aforesaid I. P. was present at the same time of the Riot and Trespass aforesaid committed and knows to testifie all the premisses said by the said R. B. to be true By reason whereof they the same T. G. I. P. and R. B. had suspition that the aforesaid A. was guiltie of the Riot and Trespass aforesaid Upon which the same T.G. I.P. and R. B. after and before the time of the Conspiracie aforesaid supposed to be made at C. aforesaid in the County aforesaid had conference together of the Riot and Trespass aforesaid in form aforesaid committed and what was further more fit to be done for the punishment and reformation of the aforesaid Riot and Trespass Upon which the aforesaid T. G. then and there Counselled the aforesaid R. B. and I. P. that they should be at C. aforesaid in the County aforesaid at the next Generall Sessions of the Peace there to be held to shew the Justices of the Peace of our Lord the King of the Riot and Trespass aforesaid to that intention that the same Justices at the same Sessions of the Peace may be able to make Enquirie of the same Riot and Trespass amongst other things By which they the same R. B. and I. P. on the said Tuesday next before c. at C. aforesaid before W. Tirwhit R. Tirwhit and W. H. Knights and other Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanors in the parts of Lindsey in the County aforesaid committed they came and to the same Justices then and there in full Court sitting they gave information of the Riot and Trespass aforesaid And to them a certain Bill conâ—eining the Riot and Trespass aforesaid by the aforesaid A.E. I.G. T.E. T.S. c. committed then and there did exhibite and deliver which said Bill the aforesaid Justices of the Peace there to certain persons of the same County then and there to enquire of the Riot and Trespass aforesaid amongst other things there sworn they did deliver thereupon to declare the truth of the premisses And further the same R. B. and I. P. say that they before the aforesaid Justices at their Command were sworn to declare true information and evidence to the aforesaid Jurie to the matter conteined in that Bill By vertue whereof they the said R. B. and J. P. to the same Jurie of the Riot and Trespass aforesaid gave Evidence Which said Conference of the aforesaid T.G. R.B. and I.P. of the premisses in form aforesaid and the exhibition of the aforesaid Bill to the aforesaid Justices of the Peace as also the information and declaration of the Evidence aforesaid to the aforesaid Jury in form aforesaid are the same Conspiracie whereof the aforesaid A. P. now complains of And this c. whereupon he prayes Judgement whether the aforesaid A. should have his action c. And the aforesaid A. sayes that he by any thing The Plaintif replies that they Conspired of their proper injurie without any such cause c. ought not to be debarred c. because he saith that they the said T.G. R.B. and I. P. the aforesaid time of the Conspiracie aforesaid made of their proper injurie and malice and without such cause by them the said T. G. R. B. and I. P. above by pleading alleged him the said A. together with the aforesaid E. P. I. â— T.C. T.S. A.H. and E. P. of the Riot and Trespass aforesaid to be indicted and him the said A. upon the occasion to be taken and in Prison aforesaid to be deteined falsly and maliciously they procured in manner and form as the aforesaid A. above against them complaineth And this he prayeth may be Enquired of by the Countrey And the aforesaid T.G. R.B. and I. P. in like manner c. Therefore c. N. L. lately of Trucleston in the County aforesaid Knight Declaration in a Writ of Conspiracie upon the Statute of 8. Her 6. where one of the Defendants approves upon the Distringas and the other upon the attachment Mich. 15. Hen. 7. Roll. 35. in mony for many defaults c. the same N. and R. A. lately of I. in the Parish of H. Yeoman and I.S. lately of A. in the County aforesaid Yeoman and I.H. lately of M. in the County aforesaid Taylor were attached to answer aswell our Lord the King as Y. M. lately called T. M. of Westminster in the County of Middlesex Spinster of a Plea wherefore whereas in the Statute in the Parliament of our Lord Henry the sixth late King of England at Westminster in the eighth year of his Reign hold It is Ordeined and established that every of the Liege people of our Lord the King of treason felony or Trespass by any Indictment or appeal before Justices of the Peace or any other having power to take the same Indictments or Appeals or any Commissioners or Justices in any County Libertie or Franchise of England to be taken Indicted or appelled dwelling in any County other than where the same Indictment or appeal was taken and afterwards
thereupon by Verdict should be duly acquitted should have his Writ and Action upon the Case against every procurer of such Indictment or appeal And that there be such Process in and upon the same Writ as of Trespass by force arms made And if such Procurer shall be convict in that behalf the Plaintif shall recover his Damages to the treble Provided alwayes that the said Ordinance extends not it self to an Indictment or Appeal taken or to be taken in the County of Chester as in the aforesaid Statute more fully is conteined The Indictment for breaking a House and Chest and taking away of goods Yet the aforesaid N. R. I. and R. at Winchester falsly and maliciously have procured the aforesaid T. for that he and T. L. lately of I. in the County aforesaid Labourer and others such a day and year by force and arms that is to say with Swords Staves Bowes and Arrows the House and Chest of R. A. at I. aforesaid they did break and enter and three Girdles Embroidered with Silk and Gold to the value of 40. shillings of the goods and chattels of the aforesaid R. A. then and there found feloniously they took and carried away against the peace of our said Lord the King before W. F. and I. H. and their Companions Justices of our said Lord the King of the peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanors in the aforesaid Countie of Southampton to be indicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of Middlesex dwelled and as yet dwells by which procurement the same T. so indicted by divers labours and Expences untill before the beloved and faithfull of our Lord the King T. Wood and I. Reed Justices of our Lord the King at the Assizes in the aforesaid County of Southampton assigned to be taken by the form of the Statute thereupon lately published and provided by Vertue of the Writ of our Lord the King of Nisi prius at Winton taken thereupon according to the Law and Custom of the Realm of our Lord the King of England was duly acquitted was grievously troubled and vexed in the Contempt of our said Lord the King that now is and his the said T. great damage and against the form of Statute aforesaid c. And whereupon the same T. who aswell c. by W. F. her Attorney complains that the aforesaid N. R. I. and I. the twelfth day of September such a year at Winton falsly and maliciously procured the aforesaid T. for that she and T. L. lately of H. in the County aforesaid Labourer and others the twenty sixth day of August in the second year of the Reign of our Lord the King that now is with force and arms that is to say with Swords c. the House and Chest of R. A. at I. aforesaid they did break and Enter and three Girdles embroydered with Silk and Gold to the value of forty shillings of the goods and chattells of the aforesaid R. A. then and there found feloniously they took and carried away against the Peace of our said Lord the King before W. F. and I. H. and their Companions then Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the aforesaid County of Southampton such a day and year at W. in the County of S. aforesaid to be Endicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of M. dwelt and as yet dwells By which procurement the same T. so indicted by divers labours and Expences untill before the faithfull and beloved c. T.W. and R. R. Justices of c. in the aforesaid County of S. assigned to be taken by the form of the Statute c. by vertue of the Writ of our Lord the King of Nisi prius on Monday next after the Teast c. such a year at Winton taken according to the Law c. then there was duly acquitted c. was grievously troubled and vexed in the Contempt of our Lord the King that now is and his the said T. great damages And against the form of the c. Whereupon he saies that he is worsted and hath damage to the value of 100. pounds And thereupon aswell c. he brings his Sute c. Southampton ss N. L. lately of c. Knight I. H. lately of The same by the man and the wife for Felonie supposed to be done by the wife where she was indicted before the Justices of the Peace and acquitted by the Justices of Assize by a Writ of Nisi prius c. Taylor and I. W. lately of c. Yeoman were attached to answer T. M. and T. his Wife lately called T. M. at Westminster in the County of Middlesex Spinster together with I. Waterman lately of T. in the County aforesaid Teoman of a Plea wherefore by Conspiracie at Winchester between them forehad the foresaid T. for that she and T. L. lately of T. in the County aforesaid Labourer and others such a day and year with force and arms that is to say with Swords Staves and Knives the House and Chest of H. at T. they broke and Entred and three Girdles Embroydered with Silk and Gold to the value of forty Shillings and two Table clothes to the value of twenty shillings of the goods and chattells of the said H. then and there found feloniously they took and carried away against the Peace of our Lord the King to be indicted and her the said T. upon that occasion to be taken and in the Prison of the Gaol of our Lord the King of Winchester untill the same T. in the Court of our Lord the King before the beloved and faithfull of him the said Lord the King T. W. and R. R. Justices of the Assizes of him the said Lord the King in the County aforesaid assigned to be taken by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius at Winchester according to the Law and Custom of the Realm of our Lord the King of England she was thereof acquitted to be detained falsly and maliciously they procured to the great damage of them the said T. M. and T. And against the form of the Ordinance in that case provided c. And whereupon the same T. M. and T. by VV. F. their Attorney complain that the aforesaid N.I.H. and I.VV. of I. c. together with c. by Conspiracie between them forehad such a day year and place the aforesaid T. for that she and T. L. lately of c. and others such a day and year by force and arms c. as before against the peace c. before VV.F. and I. H. and their Companions Iustices of our said Lord the King of the
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
any Lands Tenements or Hereditaments or in any Courts of Record or in any Leet or View of Frank-pledge in a Court day called Law-day or in any Court in antient Demesn Hundred Court Court Barron or in the Court or Courts of the Stannery in the County of Devon and Cornwall or being examined to the perpetuall memory of a thing that then whatsoever person and persons so offending and being duly convicted or attainted by the Laws of this Kingdome of England for his or their said offences shall lose and forfeit unto the said Lady the Queen 20. pounds and should have Imprisonment by the space of six moneths without Bail or Mainprise and that the Oath of such person or persons so offending from thenceforth afterwards in any Court of Record should not be taken within this Kingdom of England or Wales or Marches of the same till what time the Judgement given against the said person or persons should be made void or revoked by Attainder or otherwise that upon every such kind of Revocation the parties grieved shall recover his or their Dammage against all and singular such person and persons as should procure the said Judgement so revoked to be rendered against him or them or any of them by Action or Actions to be prosecuted upon his or their Case or cases according to the course of the Common Lawes of this Kingdome of England and if it should happen the said offendor or offendors not to have any goods or chattells to the value of 20. pounds that then he or they should be put upon the Pillory in any Market place within the County City or Burrough where the said offence should be committed by the Sheriff or his Officers if they should happen to be without any City or Town Corporate then by the chief Officer or Officers of such City or Town Corporate or by his or their Officers And there should have both his ears nayled and from thenceforth should be discredited and disabled for ever to be sworn in any the Kings Courts of Record aforesaid untill the Judgement should be reversed and thereupon to recover his Damages in manner and form before mentioned one Moity of which said sum of Money to be forfeited in manner and form aforesaid should be to the said Lady the now Queen her Heirs and Successors and the other Moity thereof unto such person or persons as should be grieved hindred or molested by reason of the offence or offences before mentioned who therefore would prosecute by action of Debt Bill Plaint Information or otherwise in any the Kings Courts of Record in which no Wager of Law Essoin Protection or Injunction should be allowed as in the said Statute amongst other things more fully it is manifested and it appeareth And where also c. ss A. B. Late of London Taylor Declaration in Debt after Verdict and Judgement in Trespas in the Kings Bench upon Recognizance there against one of the Bayl. Easter 6. H. 8. Roll. 432. was Summoned to answer R.H. of a Plea that he render unto him 100. pounds of lawfull money of England which c. And thereupon the said R. by R. I. his Attorney saith that whereas he the Monday next after fifteen dayes of the holy Trinity in the fourth year of the Reign of the now King before him the said Lord the King at Westminster in his proper Person came and appeared and then and there in the Court of the said King brought his Bill against one W.G. Mercer in the Custody of the Marshal of the Marshalsea of the Lord the King before him the King then and there being of a Plea of Trespass and the Pledges to prosecute are Philip Mason and John Wicham by which said Bill the said R. Complained of the said W. of that that he the second day of July in the third year of the said now King with force and arms that is to say with Swords c. the house of him the said R. at London in the Parish c. had broke and other wrongs to him had done against the Peace c. to the damage c. and the aforesaid W. by T.C. his Attorney appearing commeth and defendeth the force and Injury when c. and saith that he in no wise was thereof guilty concerning the Trespass aforesaid as the said R. above against him Complained And of this he put himself upon the Countrey And the aforesaid R. likewise c. therefore thereupon commeth the Jury before the Lord the King at Westminster the Monday next after eight c. of St. Michael And who neither c. to Recognize Entrie of Recognizance after Issue ioyned c. because aswell c. the same day was given to the parties aforesaid there c. And upon this before the said Lord the King at Westminster in the said County of Middlesex personally then and there commeth I.G. of London Gent. and L.G. of London Gent. and the aforesaid A. the Manucaptors for the said W.G. that is to say under the pain of 100. pounds which they acknowledged and every of them for himself acknowledged of his Lands and Chattels and of every of them to be done And to the use of the said R. to be levyed and likewise the said W.G. assumed for himself under the pain of 100. pounds which he acknowledged of his Lands and Chattels to be executed and to the use of the said R. to be levyed if the said W. all such Damages Costs and charges in which it should happen him the said W. in the Plea aforesaid in any manner lawfully to be overthrown doth neither pay or himself to the Prison of the Marshall of the Lord the King before him the King in that occasion not to render c. At which said day of Monday next after eight c. of St. Michael before him the Lord the King at Westminster commeth aswell the aforesaid R. in his own person as the said W.G. by his foresaid Attorney And the Sheriff then sendeth a Writ of Venir ' fac ' 24. c. in all Services and Executions together with the Pannell of the names of the Jurors thereupon impannelled upon which the Jurors of that Jury being called likewise come who being chosen tryed and sworn to speak to the truth of the Premisses Say upon their Oath that the said W. was guilty of the Trespass aforesaid even as the said R. had above Complained And they Assessed the Damage of him the said R. by reason of the Trespass as in the Verdict for which it was considered at that time in the same Court before him the Lord the King that the said R. should recover against the said W c. as in the Record even as in that Record it more fully appeareth And the said R. saith that afterwards the said W.G. in Damage Costs and charges aforesaid was convicted and after Judgement was thereupon given hitherto the said W.G. the Damage Cost and Charges unto the said R. hath not paid
ACTIONS OF PROHIBITION PROHIBITION ss MEmorandum England Suggestion where the Suggestor affirmeth the Tenement whereof the Tithes are required to be held parcel of a Priory that the Tuesday next after the Month of Easter in that same Term before the Queen at Westminster cometh W. C. in his proper person and giveth unto the said Queen here to be understood that whereas M.W. late Prioresse of the late Priorship of P. in the County of W. was of late seized of and in the same late Priorship of and in one Orchard one Close called the Barn-yard containing by estimation half an acre of Meadow and Pasture of one Close and Meadow called Mott Meadow conteining by estimation sixteen acres of Pasture in P. in the said County unto the same late Priory lately belonging and apperteining and parcell of the possessions thereof and from the time of which the Memory of men is not to the contrary untill the time of the Dissolution or suppression of the said late Priory and also at the time of the dissolution or suppression of the same for himself his Farmers or Tenants thereof for the time being amongst other things they had held and occupied discharged of and from the payment of any Tythe of Hay of in or upon those Tenements with th' appurtenances or any parcell thereof yearly in whatsoever manner by the whole time aforesaid growing renewing comming forth or happening and the said late Prioresse of the said late Priory and of the sayd Tenements with th' appurtenances so as it is beforesaid from the payment of the Tythe of Hay thereupon growing renewing or taken being seized discharged the said late Priory and all the Lands Tenements and Hereditaments unto the same late Priory lately belonging whereupon c. by force of a Statute in Parliament at Westminster in the County of Middlesex in the 27th year of the Reign of H. 8. Statute of â—7 year of H. 8. for suppression of land belonging unto religious houses late King of England held published were suppressed or dissolved and to the hands of the same late King by virtue of that suppression came by virtue of which the said late King was seized of and in the said late Priory and the said Tenements called M. Meadow and R. Close in his Demesn as of Fee in right of his Crown of England And whereas in the Statute in Parliament of the said late King H. 8. Statute of 31. year of H. 8. for the discharge of their land for the payment 〈◊〉 Tithes c. held at VVestminster aforesaid the 28. day of April in the year of his Reign the 31th amongst other things It was firmly Ordeined that as well the said late King his Heirs and Successors as all and singular other Persons their Heirs and Assigns who then had or from thenceforth afterwards should have any Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Ecclesiasticall houses or places Sites Circuits and Precincts of them or any of them or any Mannors Rectories Appropriations Tythes Pensions Portions or any Hereditaments whatsoever which before then did belong or appertein or which then did belong or appertein unto the said Abbeys Monasteries Priories Nunneries Colleges Hospitalls Fryer houses or other Religious and Ecclesiasticall houses or places or unto any of them they should have hold reteyn keep and enjoy aswell the said Rectories Appropriations Tythes Pentions Porsions as the said Monasteries Abbeys Priories Nunneries Colleges Fryer houses and other Religious and Ecclesiasticall houses Sites Circuits and Precincts Mannors Messuages Lands Tenements and other Hereditaments whatsoever and all of them according to their estates and every of their Titles discharged and acquitted from the payment of Tythes so freely and in as ample manner and form as the said late Abbots Priors Nuns Prioresse and Ecclesiasticall Governours or Governesses or of any of them they should have hold occupy possesse use or enjoy the same or any parcell thereof at the dayes of their dissolution suppression dissertion forfeiture Surrender or comming to the hands of the said late King of such Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Religious houses or places or at the day of Dissolution Surrender or be comming to the hands of the said Late King of any of them by the said Act or any thing in the same conteined to the contrary thereof notwithstanding by force of which said Statute or by pretence of the rest of the Premisses the said late King H. 8. held the said Premisses with the appurtenance called M. Meadow and R. Close by himself his Farmees and Tenants thereof had and held discharged from the payment of the Tyth of Hay of in and upon the same tenements with th'appurtenance or any parcell thereof yearly in whatsoever manner growing renewing comming or happening and so thereof being seized the said late King afterwards that is to say _____ day _____ in the year of his Reign _____ at Westminster in the County of Middlesex by his Letters Patents sealed with his great Seal of England and in due manner executed bearing date the same day and year gave and granted the said Tenements with th' appurtenances called M. Meadow and R. Close with th'appurtenance unto the aforesaid W.C. To have to him and his Heirs for ever To hold of the same late King as of _____ by pretence of which said Letters Patents the said W.C. into the said tenements called M. Meadow and R. Close with th'appurtnance entred and was thereof seised in his Demesn as of Fee and so thereof being seized the same tenements with th' appurtenances by himself his Farmers or Tenants had and held discharged from the payment of any Tyth of Hay of in or upon the said Tenements called M. Mead and R. Close or any parcell thereof yearly in whatsoever manner growing renewing comming or happening by pretence of the said Act and of the rest of the Premisses And whereas also in the Statute in Parliament of the said late King H. 8. Statute 31. H. 8. that no person should be sued or constrained to pay Tythes where c. The like Statute of the second year of Edw. the 6th held at Westminster aforesaid in the 31. year abovesaid It was enacted that no person nor persons should be sued or constrained to render give or pay any Tythes for any Mannors Lands Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or prescription were not chargeable with the payment of Tythes And further whereas in the Statute of the late King Edw. the 6th in the second year of his Reign amongst other things firmly it remaineth that no person should sue or otherwise Compell to render give or pay Tyths for any Mannors Lands Tenements or Hereditaments which by the Lawes and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tythes of Hay thereupon growing taken
appurtenances in those years of the Lord depasturing feeding and lying c. and so repeat all the Tithes the Defendant sued for in the 8th day of October in the 31. year of the Reign of the said now Queen at London that is to say in the Parish of the blessed Mary in the Arches c. drew into Plea and the said Defendant him the said V. the now Plaintif into the said Court Christian before the said spirituall Judge by the said occasion altogether unjustly inforced to appear and to answer unto the Defendant of and in the premisses And although the said V. the now Plaintif the said Statute and the rest of the premisses in discharge of the payment of the said Tithes by the said Defendant in the said Court Christian as afore it is said being required often had pleaded and alleged and had brought to prove that truth inevitable testimony Notwithstanding which the said spirituall Judge altogether refused to admit that Plea and Allegation And the said Defendant him the said V. the now Plaintif in the said Court Christian in the said Cause of Substraction of the Tithes aforesaid with all his force indevoured and from day to day devised to condemn and to compell to pay the said Tithes unto him by the definitive Sentence of the said Christian Court. Delivery of the Writ of Prohibition alleged And although the Writ of Prohibition of the said now Queen unto the said Defendant the third day of November in the 31. year of the Reign of the said now Queen aforesaid at London aforesaid in the Parish of c. in this behalf in the premisses directed and was delivered Notwithstanding the said Defendant the said Plea after that Prohibition unto him to the Contrary thereof directed delivered as afore is said that is to say the seventh day of November in the 31. year of the Reign of the said now Queen abovesaid in the said Court Christian before the spirituall Judge at London aforesaid in the Parish c. was further sued and in that Plea proceeded notwithstanding the said Writ of the said Queen of Prohibition unto him in form aforesaid directed and delivered to the contempt of the said now Queen and to the manifest damage prejudice Impoverishment and grief of him the said V. the now Plaintif and against the form and effect of the said Acts and Statutes whereupon the said V. the now Plaintif who aswell c. saith that he is the worse and hath damage to the value of 26. pounds And thereupon aswell for the said Queen as for himself produceth the Sute c. with this that the sayd V. the now Plaintif will prove that the sayd V.R. who demised the said Tenements with th' appurtenances called the Demesns unto the said V. the now Plaintif in form aforesaid is yet alive and in full life at B. with N. aforesaid remaineth And the said Defendant by Stephen Worley his Attorney commeth Defendant saith that the Abbot did not hold the Tenements discharged from the payment of Tithes and defendeth the force and Injury when c. all Contempt and whatsoever c. And saith that he did not sue the said Plea in the Court Christian aforesaid after the Queens Prohibition unto him to the contrary thereof first directed and delivered in manner and form as the said Plaintif above and against him Complaineth And of this c. And the said c. But for Consultation of the said now Queen thereupon had the said Defendant protesting that the said Rectory is not nor from the time c. was a Rectory appropriate Protestation and protesting also that the said late Abbot of the said late Monastery of the blessed Mary and St. Egwyn of Evesham aforesaid at the said time of the dissolution and suppression of the said late Monastery by all his Predecessors Abbots of the same late Monastery for the time being from the time of which to the contrary c. were not seized aswell of the Rectory aforesaid with th' appurtenances as of the said 500. acres of land 40. acres of Meadow and 100. acres of Pasture with th' appurtenances in B. with N. aforesaid called the Demesns Together at once and all at once together at once and all at once in his Demesn as of Fee in the right of his said late Monastery And also protesting that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being did not hold the said Tenements with th'appurtenance called the Demesns and every parcell thereof from the time of which to the contrary c untill the said time of the dissolution or suppression of the said late Monastery in manner and form as the said Plaintif afore against him complaineth for Plea the said Defendant saith that the said late Abbot at the said time of the dissolution or suppression of that Monastery did not hold and enjoy the said Tenements called the Demesns and every parcell thereof discharged and acquitted of and from the payment of the said Tithes in manner and form as the said Plaintif before against him complaineth And of this c. And the said c. therefore c. England ss Mich. 11. 22. of Eliz. Statute of 13. R. 2. MEmorandum that such a day in that same Term before the said Queen at Westminster came Jo. Osborn in his proper person and giveth the Court of the said now Queen here to be understood that whereas in the Statute in Parliament of the late Lord Richard late King of England the second after the Conquest at Westminster in the County of Middlesex in the 13th year of his Reign held published amongst other things that the said Admiralls or their Deputies of any business within the Kingdom of England unless onely of a matter upon the Sea done Suggestion for a Prohibition to the Admiralty for that it holdeth Plea for words Statute of 15. year of R. 2. as in the time of the said now Queen Elizabeth the third year of the Reign of _____ late King of England was duly used and in no wayes whatsoever they themselves should hinder And whereas also in the Statute in Parliament of the late King Richard the second at Westminster aforesaid in the 15th year of his Reign held amongst other things Ordeined and firmly it remaineth that all manner of Contracts Pleas and Plaints and all other matters arising within the body of the County aswell by Land as by Water and also of Wreck of Sea the Court of Admiralty should in no wayes have the Cognizance power nor Jurisdiction Cognizance of Plea And that all such Contracts Pleas and Plaints and all other Emergencies within the body of the County aswell by Land as by Water as before is said and also Wreek of Sea should be tryed ended discussed and remedied by the Lawes of the Land and not before the Admirall nor by the Admirall nor by his Deputy in any
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
A. long before the said time in which c. was thereof possessed which said Term doth as yet indure And so the said A. saith that she hath nothing in the said tenements with th' appurtenances unles to the end of five years in form aforesaid the reversion whereupon being expectant after that term unto the aforesaid S. W. and his heires without which said S. she the said A. saith that she to the knowledge of the said R. and T. cannot answer and prayeth Ayd of him the said S. and hath c. Therefore the Sheriff is commanded that he summon by good summons the said S. that he be before the said King in Eight dayes of the Holy Trinity wheresoever c. to answer to the said knowledge of the said R. and T. together with the said A. if c. The same day is given to the said parties c. Cornub. Declaration in a writ of recaption of Cattle and that they were taken hanging another Plea for the same Cattle undetermined and for which Cause they were before taken M. 20. h. 7. to 75. ss I. C Esquire T.C.J.H.J.D.J.W. and W. A were attached to answer aswel unto the Lord the King as unto J.G. Esquire of a Plea wherefore whereas the said J.C. and the others were formerly summoned to be in the Court of the said King before him the said Lord the King on the Morrow of all Souls last past wheresoever c. to answer unto the aforesaid J.G. of a Plea wherefore they took the Cattle of him the said J.G. and them unjustly detained against the Sureties and pledges which the Sherif of the said Lord the King of the said County had made to replevy to him the said J.G. as the King had accepted which said Plea between him the said J.G. and J.C. in the Court of the Lord the King here as yet doth hang undetermined Notwithstanding the said J.C. and others hanging the said Plea the Cattle of him the said J.G. again took for the same occasion which before they had taken the same c. Which thing is manifest against the Law and Custome of the Kingdom of the Lord the King of England And whereupon the said J.G. who aswell for the Lord the King as for himself prosecuteth by J. H. his Attorney Plaintif that whereas the said J.C. and the others formerly that is to say in the Term of St. Hillary in the year of the reign of the now King ninteenth were summoned to be in the Court of the Lord the King here before his Justices assigned to hold Pleas before him the Lord the King to answer unto the said J.G. and them unjustly detained against the sureties and pledges which the Shreif of the said Lord the King of the said County had made unto the said J.G. to replevy and the King had accepted which said Plea between him the said J.G. and the said J. C. and the others in the Court of the said King here as yet doth hang undetermined Notwithstanding they the said J. C. and the others hanging the said Plea the Cattle of him the said J. G. that is to say ten Oxen Eight heyfers two horses and a hundred sheep again that is to say the twentieth day of May in the nintteenth year of the Reign of the Lord the now King at E. neer Moreball in which the Cattle in a place called the Widl-Park they took for the same occasion which before they had taken them c. Which is manifestly in Contempt of the said King and against the Law and Custome of the Kingdom of him the said King of England whereupon he saith he is the worse and hath damage to the value of forty pounds And thereupon he bringeth his sute c. ss AND the said I. Copleston T. Colpeston I. Horn I. Davy Some of the defendants plead that they did not take the Cattle As c. I. Welch and W. Atwood by W. Fisher his Attorney cometh and defendeth the force and injury when c. And the said I. Davy I.W. and W. A. say that they did not take the said Cattle as the said I.G. before against them Complaineth And of this they put themselves upon the Countrey And the said I.G. likewise c. And they the said I.C.T.C. and I.H. as to the taking and detention of the said Cattle supposed to be done they say that the said I. G. ought not to maintain his action because they say that the place in which that trespas is supposed to be done is and at the said time in which c. was one messuage a hunded The rest of the defendants plead that they took the Cattle in the name of a distress for dry Rent in arrear as servants of the other and justifie perscridtion acres of land six acres of meadow six acres of wood and twenty acres of Heath and furzes with th' appurtenances in G. aforesaid called Wilpark of which said messuage land and tenements the said J. E. is and at the said time in which c. was seised in his demesn as of fee And that the said I. Colshill and all his Predecessours whose heir he is long before the said time in which c. were seised in their demesn as of fee of a certain Annuall rent of forty shillings coming forth of the said tenements to be perceived yearly to him and his heirs at the feasts of the Nativity of St. Iohn the Baptist of St. Michael Arch-angell the Nativity of our Lord and of Easter with equall portions to be paid from the time of which the memory of man is not extant And the said I.C. and all his Predecessors whose heir he is from all the said time of which the Memory of man is not extant used to distrein in the said tenements with th' appurtenances for the said Rent as often as that Rent at any feast of the said Feasts should be in arrear and the Distresses thereupon to take lead drive away and wholly to themselves to retein untill the said yearly Rent and the Arrearages thereof if any there were should be satisfied And the said I. C. so thereof seized dyed of such estate thereof seized after whose death the said Annuall Rent long before the said Retorn in which c. descended unto one Agnes Wife of the said I. Broker Descent Esquire as Cosin and Heir of the I. Colshill that is to say Daughter of Ranfrid son of Iohane sister of I. Colshill by which the said I. Broker and Agnes long before the said time in which c. were of the said Annuall Rent of 40. shillings seized in their Demesn as of Fee in Right of the said Agnes And because 30. shillings of that Rent after the death of the said I. Colshill at the Feast of the Nativity of St. Iohn the Baptist of St. Michael the Arch-Angell and the Nativity of our Lord next before the said taking supposed to be done that is to say next before the 20. day of
the said Homage fealty and sute of Court as of fee and right and of the said Rent and residue of the said Services in his Demesn as of Fee And because the sute of him the said T. H. at the Court of the said R. A. held at his said Mannor on fryday next after the Epiphany of our Lord in the fourteenth year of the reign of the now King unto the said R. A. remaining undone the said R. A. doth well avow the taking of the said Cattel in the said place in which c. as in parcell of the said tenement of him the said R. A. in form aforesaid held and upon the said T. H. as upon his true Tenant thereof c. And within his fee c. And this he is ready to prove whereupon he prayeth judgment and the return of the said Cattel to be adjudged unto him c. Defendant protesting that he did not hold the premisses by the services in the avowment of the Plantif specifyed and that the Defendant was not of the same seized c. for Plea saith that he holdeth by fealty 3. shillings tent onely without this that he holdeth as above And the said T. H. saith that the said R. A. by any thing before alleged the taking of the said Cattel ought not to avow just because protesting that the said T. doth not the said Messuage and Virge of land with th' appurtenances of the foresaid R. A. by the said services in the avowment of him the said R. before specified c. And protesting also that the said R. A. was not seized of the said services by the hands of him the said T. in manner and form as the said R. A. before hath alleged for Plea saith that the said T. doth hold the said Messuage and Virge of land of the aforesaid R. A. as of his Mannor of B. by fealty and the Rent of three shillings onely for all services and ancient demands without this that the said R. A. was seized of the said services to doe sute at the Court of him the said R. A. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said services in manner and form as the said R. A. in his said avowment before hath alleged and this he is ready to prove whereupon he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. And the said R. A. saith Issue upon the Tenure that the said R. was seized of the said Services to do Sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said Services in manner and form as the said R. before hath alleged And of this he putteth himself upon the Country and the said T. likewise c. ss AND the said I.T. and H. by R. M. his Attorney cometh and defendeth the force and injury when The form of a Plea where the Defendant took more Beasts and Chattels than the Plaintif by his Declaration supposeth himself to have taken the Defendants say as to one Horse they did not take as to the residue say that he the said J.D. one of the Defendants in right of his Wife was seized of the Mannor of D. of which Mannor the Plaintif holdeth ten acres of land wherof c. of the Defendant by Fealty and four shillings Rent and to do Sute of Court and a Fine was leavyed of the same Mannor between W.F. Plaintif and the said I. E. and his Wife and that afterwards the said W. F. granted the said Mannor unto the said I.E. and his Wife and to the Heirs of their bodies c. in Fee-tayl and that after the Plaintif attorned unto them the said I. P. and his Wife and because the said Rent was behind the Defendants took the Beasts c. c. and as to the taking of one Horse of the said Horses they the said J. and H. say that they did not take that Horse in manner and form as the said Prioress before against them complaineth And of this they put themselves upon the Country And the said Prioress likewise c. And the said I. and H. further say that they at the time in which the taking of the said Cattell is supposed to be done they took four Horses of the said five Horses in the said Declaration specified and also one Cart with six Stacks of Barley in the same Cart being with the whole Tacklyn to the sayd Cart belonging that is to say Cartharness for the said four Horses in the same Cart to be drawn of the said Oxen and Cattell of the said Piroress in the said place in which c. which said four Horses and the said Cart with the said six Stacks of Barley in the same Cart being and the said Cattell that is to say the tackling of the said Cart called Horse Harness for the said four Horses drawing that Cart of I.N. Knight Sheriff of the said County at the Complaint of the said Prioress unto the said Prioress caused to be replevyed and of the said four Horses and Chattells the said I. in his own right and of Anne his Wife doth well avow And the said Hen. as Bailiff of the same I. doth well acknowledge 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. doth contein in it self ten acres of land with th' appurtenances in C. aforesaid whereof the said Prioress at the said time in which c. long before c. was seised in her Demesn as of Fee in the right of her said Monastery and so thereof being seized held the same of the said I. and A. his Wife in the right of her the said A. as of her Mannor of D. in the said C. of K. by Fealty and the Rent of 4. shillings every year at the Feast of St. Michael th'Arch-Angell to be paid and by Service to do Sute at the Court of them the said I. and A. of their said Mannor from three weeks to three weeks there to be held of which Services the said I. and A. in the right of her the said A. were seized by the hands of the said Prioress as by the hands of their then true Tenant that is to say of Fealty and Sute of the said Court as of Fee and in right and of the said Rent in their Demesn as of Fee And them the said I. and A. in the right of her the said A. so of the said Mannor Rent and Services being seized long before the said time A Fine levied where the wise is Cognisee seized of the lands acknowledged in which c. that is to say in Eight dayes of St. Michael in the 21. year of Henry late King of England and France the seventh from the Conquest in the Court of him the said late King
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
possession of the said T. by that grant ever passed into those Tenements with the appurtenances before the said time in which c. entred upon the possession of which said T. thereupon they the said T. and I. afterwards that is to say in the same time in which c. into the said Tenements with the appurtenances entred and the said close as the proper close of them the said T. and I. did break and the said Grasse as the proper grasse of the said T. and J. then and there growing with the said Cattell did eat up tread and consume and the said Ground as the proper ground of them the said T. and J. then and there with the Plough aforesaid did rip up and also the said underwood as the proper underwood of them T. and J. then and there growing did cut down and carry away as to them it was lawfull and this c. and whereupon c. Plaintiff saith that well and true it is that the Tenements are customary lands c. but saith that within the said mannor it hath been a custome that if any customary Tenant should inhabit by one year without the Mannor then the Lord might enter and him thereof expell OUght not to be precluded because he saith that well and true it is that the said Tenements with the Appurtenances whereof c. are and from all the time aforesaid were parcell of the Mannor of Bromefeild aforesaid of which said Mannor with the appurtenances the said T. S. late Prior of the said late Priory of the blessed Mary of B. aforesaid before the said time of the said Trespasse done was seized in his Demesne as of Fee in the Right of his said Prioty and that the said Tenements with the appurtenances in which c. are and from all the time aforesaid were demised and demisable by the Lord of the said Mannor or by his Steward of the court of that Mannor for the time being by copy of Court Roll of the said Mannor unto whatsoever Person or Persons willing to take the same in fee simple fee-tail for tearm of life or yeares at the Will of the Lord according to the custome of the said Mannor and him the said Prior so thereof being seized the said late Prior before the said time in which c. that is to say at the court of him the said late Prior at that mannor held the said Wednesday in the said Match of Saint George in the twenty eighth year of the Reign of the said now King by the said T.C. than his Steward of his said mannor granted the said Tenements with the Appurtenances whereof c. unto the said R. Davyes and Jo then his wife and to the aforesaid John Son of the same R. and I. To have and to hold to them and either of them longer living successively at the will of the Lord according to the custome of the said mannor By pretence of which said Grant the said R. I. and J. were seized of the said Tenements with the appurtenances whereof c. in their demesne as of Freehold at the Will of the Lord according to the custome of the said Mannor and them the said R. J. and I. so thereof being seized the said R. and John afterwards and before the said time in which c. dyed and the said Joane them survived and held her self in in the said Tenements with the Appurtenances and was thereof seized in her demesne as of freehold at the VVill of the Lord according to the custome of the said Mannor by the right of increase and shee the said I. so thereof being seized the same J. before the said time in which c. took to husband the said T.N. by which they the said T. and J. were seized of the said Tenements with the appurtenances in their demesne as of Freehold in the Right of him the said I. at the will of the Lord according to the custome of the said Mannor in manner and forme as the said T. and I. before inpleading have alleadged Custome that any customary Tenant doth abide without the mannor by a year and a day then it shall be lawfull to the Lord of the mannor to seize his customary Tenements And further the said C. saith that in the said mannor it hath and from the time the contrary of which c. it had such custome that is to say that if any customary Tenant or Tenant by copy of Court Roll of the same Court doth abide or inhabit within any other Mannor without this mannor of B. by the space of one year and a day without the license of the Lord or that Mannor that then it shall be lawfull unto the Lord of the said mannor for the time being into all and singular his Lands and Tenements by copy of court Roll of the said mannor in any manner whatsoever demised to re-enter and such Tenant by occasion of the Premises thereof wholly to expell and amove and the same Lands and Tenements to him and his heirs to have again re-enjoy and re-possesse the said custome notwithstanding And the said C. further saith that before the said time in which c. the said mannor with the appurtenances by the Dissolution of the said late Priory came to the hands and possession of the said now King by which the said now King was seized of the said mannor with the appurtenances whereof c. in his demesne as of Fee in the Right of his Crown of England and him the said King so thereof being seized the same late King before the said time in which c. by his Letters Patents here in court offered whose date is at Westminster the twentieth day of Ianuary in the one and thirtieth yeare of his Reigne for diverse causes and considerations him the late King specially moving and out of his certain Knowledge and meer motive did give grant and to Farme-let unto the same C. his Executors and Assignes the said Mannor with the Appurtenances whereof c. to have and to hold unto the same C. his Executors and Assignes from the Feast of Saint Michaell the Arch-angell then next following untill the end and Term of eighty nine yeares then next following and fully to be compleat By vertue of which said giving granting and to Farm-letting the same Charles was of that Mannor with the Appurtenances whereof c. amongst other things possessed And because the said T. and J. do inhabit without the said Mannor of B. that is to say at C. in the said County within the Mannor of C. by the space of one yeare and one day that is to say from the two and twentieth day of Aprill in the fourth yeare of the Reigne of the said now King untill to the foure and twentieth day of Aprill in the fifth yeare of the same Reigne of the said now King then next following against the Custome of the said Mannor the said C. afterward and before the said time of the said
sixth year of the Raign of the said Lord King Edward the sixth above said at I. aforesaid demised the said Tenements with the appurtenances unto the aforesaid I. now one of the said Defendants to have and to hold the said Tenements with the appurtenances unto the same I. F. and his Assignes from the Feast of Saint Michaell the Arch-Angell from thence forth next following and fully to be compleat and so from year to year as long as the said both parties should please by vertue of which said Demise the said J.F. into the said Tenements with the appurtenances entred and was thereof possessed in manner and form as the said J. F.M. and W.P. before in pleading have alleadged Without this Without this that the said J.G. disseized the said W.A. of the said moiety of the said tenements with the appurtenances in manner form as the same W.A. before in pleading hath alledged this c. Whereupon as before prayeth judgement and that the said W. A. from his said Action against them had may be precluded c. ANd the said W.A. as before saith that the said J.G. disseised him the said W.A. of the said moiety of the said Tenements with the appurtenances in manner and form as the same W. A. before in replying hath alleadged and this he prayeth may be inquired of by the country c. ANd the said S.R. by Richard Heywood his Attorney Kent Justification in Trespasse for taking of Cattell in an open pound by vertue of a demise made by one unto whom it was granted by will untill a hundred and eighty pound should he levied thereupon for the preferment of his Daughters cometh and defendeth the force and and injury when c. And as to the coming with force armes c. not guilty c. And as to the residue of the said Trespasse before supposed to be done the same S. saith that the said J. no action because he saith that the said close and also the place in which it is supposed the said Trespasse to be done are and at the said time of that trespasse supposed to be done were eight and forty acres of marsh with the appurtenances called Platters marsh at Alhallowes aforesaid whereof long before the said time of the said time before supposed to be done one R.W. Citizen and Merchant Taylor of London was thereof seized in his demesne as of fee and he the said R. of the said Tenements with the appurtenances so being seized the same R. before the same time in which c. That is to say the twenty fifth day of June in the year of the Raign of the said H. 8. late King of England Father of the Lord the now King 36. at London that is to say in the parish of Saint Augustines in the ward of B. London made and declared his last will in writing and by his said will willed amongst other things that one J the then wife of him the said R.W. the Executors and Assignes of the same J. should have and injoy the said eight and forty acres of land with the appurtenances amongst other things by the name of all his lands By the name Tenements and hereditaments within the Hundred of Howe in the county of Kent untill she the said I should have levy and receive of the Rents Revenues and profits thereof issuing and increasing the full and whole summe of a hundred and eighty pound Sterling for and to the preferment of the marriage of L.A. and T Daughters of the said R.W. that is to say unto every one of them the summe of sixty pound Sterling and afterwards and before the said time in which c. the said R W. at London in the Parish and ward aforesaid dyed after the death of which said R. and before the said time in which c. the said I. into the said Tenements with the appurtenances entred and was thereof possessed by virtue and pretence of the said last will and she the said J. so thereof being possessed the same J. before the said time in which c. that is to say the fifth day of March in the second year of the Raign of the said now King at London aforesaid in the Parish and Ward aforesaid by a certain Indenture between the said Jane of the one part and the aforesaid S. of the other part made with the seal of the same J. sealed did grant and to farm let unto the said S. the said Tenements with the appurtenances to have hold and occupy those Tenements with the appurtenances unto the said S.R. for the tearm of eleven years from thenceforth next following and fully to be compleat by pretence of which said Grant and Demise the aforesaid S.R. at the said time in which c. into the said Tenements with the Appurtenances entred and was thereof possessed And the said J.W. claiming the said Tenements with the appurtenances by colour of a certain deed of Demise unto him thereof made for the Tearm of the rest of the years as yet during by the said J. long before the said Demise by the same J. thereof as afore is said unto the said S. made where nothing of the said Tenements in the possession of him the said John by that deed ever passed into the said Tenements with the appurtenances entred upon the possession of which said John thereupon the said S. at the said time in which c. into the said Tenements with the appurtenances claiming his Tearm then to come of and in the same re-entred and because the same S. then and there found the said cattell in the same place in which c. the grasse of him the said S. then and there growing For damage doing eating up and there damage doing the said S. those Cattell at the said time in which c. did take and the same at Alhallowes aforesaid in the county aforesaid in the common and publick pound Averment there put and impounded as unto him it was lawfull with this that the said S. will prove that the said J. W. or his Assignes not as yet had levied or received the said full and whole summe of a hundred and eighty pound Sterling according to the form and effect of the said last will of the said R.W. her late Husband and this c. whereupon he prayeth Judgement if action c. NOt to be precluded because he saith The Plaintif replies that one A.B. was seized of the moiety of the Tenements in Barr specified who demised that unto him without this that the Testator was seized of the whole Tenements that long before the said time of the said Trespasse before supposed to be done one A. B.R. was seized of the moiety of those tenements with the appurtenances in his demesne as of Fee and he the said A. B. of the moiety of those tenements with the appurtenances so being seized the same A B before the said time of the said Trespasse done that is
R. that is to say upon the said thirty six Acres of Land growing eating up and Damage there unto the said R. doing the same W. W. that Colt for that Damage then and there as afore it is said done took and lead away as unto them it was lawfull And this c. whereupon c. Not to bee precluded because he saith that long before the said time in which c. the said R. M. in the said Bar before named was seized of the said Tenements with the Appurtenances in his Demesne as of Fee and so thereof being seized before the said time in which c. that is to say the twelfth day of August in the first yeare of the Reigne of the said now King Edward the sixth at A. in the said County of D. demised the said Tenements with the Appurtenances unto the aforesaid W. S. to have to him and his Assignes from the Feast of Saint Michaell the Arch-angell from thence next ensuing untill the end and tearm of three yeares from thence forth next following and fully to be compleat by virtue of which said Demise the same W. S. into the said Tenements with the Appurtenances before the said time in which c. entred and was thereof possessed and he the said W. S. of the said Tenements with the Appurtenances so being possessed the same W. S. before the said time in which c. the said Colt into the said Tenements with the Appurtenances to the Grasse there growing as the proper Grasse of him the said W. S. put to feed which said Colt was there the Grasse there growing feeding upon untill the said W. W. at the said time in which c. upon the Possession of him the said W. S. into the said Tenements with the Appurtenances entred and the said Close in the said place in which c. did breake and the said Colt then and there did take and lead away in manner and form as the same W. S. before against him complaineth And this c. whereupon from which the said W. W. the said Trespasse in form aforesaid done before acknowledging prayeth Judgment and his Damages by occasion of the said Trespasse to be adjudged unto him c. Defendant maintaineth Plea without this that the said stranger demised the said Tenements AND the said W. W. as before saith that the said Tenements with the Appurtenances are and at the said time in which c. were the Ground and Free-hold of the said 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 their Command entred and the said Close as the proper Close of him the said R. did breake and for that he the same W. W. found the said Colt the said Grasse of the said R. upon the Ground of him the said R. that is to say upon the said thirty six Acres of Land growing eating up Damage thereunto the same R. doing the same W. that Colt for that Damage Without this then and there as before is said done did take and lead away as to him it was lawfull without this that the said R. M. demised the said Tenements with the Appurtenances unto the aforesaid W. S. in manner and form as the said W. S. before in replying hath alleadged And this c. whereupon as before prayeth Judgment and that the said W. S. from his said Action against him the said W. W. had may be precluded c. And the said W. S. as before saith that the said R. M. demised the said Tenements with the Appurtenances unto the said W. S. in manner and form as the said W. S. before in replying hath alleadged and this he prayeth that it may be inquired of c. AND the said S. S. by W. D. his Attorney Suff. ss Defendant iustifies Trespasse by virtue of a Demise made by a Master of a Colledge cometh and defendeth the force and wrong when c. And as to the coming with force c. not guilty and as to the residue of the said Trespasse before supposed to be done the same S. saith that the said R. no Action because he saith that the said Close and also the place in which it is supposed the said Trespas before to be done are and at the said time of the said trespas before supposed to be done were a hundred Acres of Lands and Pasture with the Appurtenances in E. aforesaid parcell of the Mannor of E. with the appurtenances in the County aforesaid of which said mannor with the appurtenances long before the said time in which c. one G. W. Clark late Master of the late Colledge of R. in the County of Norffolke and the Fellowes of the same late Colledge were seized in their demesne as of fee in the right of their said Colledge and them the said late Master and fellowes of the said late Colledge of that Mannor with the appurtenances whereof c so thereof being seized they the said late Master and fellowes of the said late Colledge before the said time in which c. that is to say the twentieth day of December in the year of the Raign of the Lord Henry the eighth late King of England 30. at R. in the said County of Norffolke by their certain writing indented with the common seal of them the late Master and fellowes sealed and unto the Court of the Lord the now King here shewed whose date is the same day and year by their unanimous assent and consent did demise and to farm let unto the aforesaid S. his heirs Executors and Assignes the said mannor of E. with the appurtenances in the laid county of Suffolke with all arrable Lands and pasture of Sheep with all their appurtenances and other commodities unto the said Mannor and preimses belonging as well within the town E. aforesaid as within other towns unto the same adjacent with the Lands and Pastures lying at Dead-mans Grave to have and to hold the same Mannor with the appurtenances whereof c and other the premises unto the aforesaid S. his Executors and Assigns from the Feast of the invention of the holy Crosse last past before the date of the said writing indented untill the end and tearm of fifty years from thence forth next insuing and fully to be compleat by virtue of which said demise the said S. into the said mannor with the appurtenances whereof c. before the said time in which c. entred and was thereof possessed and the said R. claiming the said mannor with the appurtenances whereof c. by colour of a certain deed of demise unto him thereof made for the tearm of his life by the said late Master and fellowes of the said late colledge long before the said demise unto the aforesaid S of that mannor with the appurtenances whereof c. as afore is said made where nothing of that Mannor with the appurtenances whereof
to do which said arrest and leading to the prison aforesaid and laying hands upon him the said H. are the same taking imprisoning and ill handling whereof the aforesaid R. above complaines And this c. whereupon he prayes judgement whether the action c. AND the aforesaid R. saies that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the said H. W. Because by protestation not acknowledging any thing by the aforesaid H. above alleadged to be true for plea he saith The Plaintiffe replies that he offered security that he before the time of the Trespasse aforesaid made and the time wherein c. offered the aforesaid H. to finde sufficient security before T. Partridge then one of the Justices of the peace of our Lord the King for the same County assigned to be kept according to the form of the aforesaid precept by the said I.W. to him directed which to doe the same H. refused Without that that the same R.C. refused to come before the Justices of the Peace in manner and form as the aforesaid H. hath above alleadged Traverse the denying to come before the Iustices And this c. whereupon for that the aforesaid H. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid H sayes Issue upon the Traverse that the aforesaid R. refused to come before the Justices of our Lord the King to find sufficient security in manner and forme as the same H. above hath alleadged and of this he puts himselfe upon the Country And the aforesaid R.C. in like manner c. Justification by vertue of a common Watch according to the forme of the Statute of Winchester AND the aforesaid G. by I.W. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and whatsoever is against the peace of our Lord the King as also the whole Trespasse aforesaid besides the assault and imprisonment above supposed to be made sayes that hee is not guilty c. And as to the assault and imprisonment supposed to be made the same G. sayes that the aforesaid T. ought not thereupon to have his action aforesaid against him because he saith that in the Statute in the Parliament of Edward the first late King of England Progenitor of our Lord the King that now is at Winchester in the thirtieth yeare of his Reigne held published amongst other things It was ordained and established that watches should be made as more anciently they were wont to be that is to say from the day of the Ascension of our Lord unto the feast of St. Michael the Arch-angel that is to say in each City by six men at each Gate of the same and in every Town by twelve men and in every entire Village by six or foure men according to the number of the people inhabiting in them And that the Watches should be kept by the whole night from the Sun-set to the rising of the Sun so that if any stranger should make his journey through them he should be arrested until the morning following And if no suspicion should be then found of him that then hee should from thence goe quit as in the same Statute more fully is contained And further the same G. sayes that he at the time of the Trespasse aforesaid above supposed to be made was dwelling in the said Village of W. together with other the inhabitants his neighbours about him in the same Village were assigned to keep the Watches there and sayes that the aforesaid T. the time of the Trespasse aforesaid supposed to be made to wit such a day year and place came suspiciously to the Village aforesaid after Sun-set and before the rising of the same that is to say about the houre of eleven in the same night By which the same G. then came to the aforesaid T. and him at the same time wherein c. he arrested and detained him with him untill the morning following and compelled him to stay there according to the forme of the Statute aforesaid as it was lawfull for him to doe which said coming unto and detention by the cause aforesaid in form aforesaid is the same assault and imprisonment whereof the aforesaid T. above now complaineth And this he is ready to aver VVhereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against him c. Middlesex AND the aforesaid C. Crips Iustification by a Constable for taking a Where Mich. 2. Hen. 8. Rot. 103. and E. by T.R. their Attorney come and defend the force and injury when c. And as to the coming by force and armes And whatsoever which is against the peace c. as also the whole Trespasse aforesaid besides the assault beating evill handling and imprisonment by the space aforesaid supposed to be made the same C. and E. say that they are in nothing thereof guilty c. And as to the assault beating evill handling and imprisonment the same E. and C. say that the aforesaid M. ought not to have her action aforesaid against them because they say that the aforesaid M. long before the said time of the Trespasse aforesaid supposed to be made was a publick notorious and common Whore and had carnall knowledge with many and divers common men unknowne to him the said C. at many and divers times And the same C. and E. say that at the time wherein the Trespasse aforesaid was supposed to be made and long before the same C. was Constable of our Lord the King in the aforesaid Parish of St. Andrews and that before the said time of the Trespasse aforesaid supposed to bee done was given to understand by certaine of his neighbours very carefull of keeping the peace of our Lord the King and willing to avoid ill government he being then Constable of our Lord the King as aforesaid that the aforesaid M. at the aforesaid Parish of St. Andrews then lay and lodged in bed with a certaine man unknowne to the same neighbours and also that divers loose men and vagabonds and very many unknowne persons made many brawlings scoldings cryings out uproars there between themselves and strove together which of them should first have the carnall knowledge of her the said M. and should then use her as their Whore By reason of which information he the said C. then there being Constable as he was by oath bound for the preservation of the peace of our Lord the King and the avoyding of the premises and the ill government aforesaid repaired to a place in the Parish aforesaid where then the aforesaid M. and other the men vagabonds aforesaid then were supposed to be as to see if the same M. and the rest of the aforesaid men vagabonds behaved themselves there as hee was given to understand the aforesaid time wherein the
satisfaction of the Trespasse aforesaid which said Gallon of Sacke the same J. afterwards to wit the same day and yeare at S. aforesaid gave to the aforesad R. according to the forme and effect of the concord aforesaid And which said Gallon of Sack the same R. of the aforesaid I. in full recompence and satisfaction of the Trespasse aforesaid then and there accepted And this he is ready to aver Whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid against him c. The Plaintiffe replies no such Concord AND the aforesaid R. sayes that he ought not by any thing before pre-alleadged to be debarred from having his action aforesaid against him because he saith that between him the said R. and the aforesaid I. there was not any such agreement had as the aforesaid I. above by pleading hath alleadged And this he prayes may be enquired of by the Country And the aforesaid I. in like manner c. ' Against a Butcher for selling by deceitfull weights London THo Smith complains of H. Vasey for that that is to say whereas the aforesaid Henry such a day and year and by many years then last past was a Butcher and by a great part of that time at London in the Parish c. the art of a Butcher so used and exercised accustomed to kill and dresse both Oxen and Cowes in the best manner behoved his art and the flesh of them by Haverdepoys weight according to the Lawes of this Kingdome of England was wont and accustomed for a great part of the time aforesaid to put to sale and utter to divers of the liege and faithfull subjects of our said Lord the King he the same H. afterwards at divers times to wit between the same such a day c and the fifth day of May then next following at London in the Parish c. three hundred weight of Oxe beefe not being according to the Lawes of England Haverdepoys weight to him the said T. he did falsely and fraudulently put to sale the aforesaid Henry faithfully affirming the weight by which he the said H. the aforesaid three hundred weight of Oxe beefe to him the said T. had sold as aforesaid to be Haverdepoys weight according to the Laws of England to the great deceit of him the said T. Whereupon he saith that he is worsted and hath damage to the value of 10 s. And thereupon he brings his suit c. Justification in Trespasse for a â—â—rriot custome AND the aforesaid I. Randal by I.S. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes he saith he is in no wise thereof guilty And as to the taking and driving away of the aforesaid two Cowes he sayes that the aforesaid A. ought not thereupon to have his action aforesaid against him because he saith that long before the said time of the trespasse aforesaid supposed to be made one N. Dering lately the husband of the aforesaid A. dead was seized in his demesne as of Fee of and in two Tenements whereof one Tenement called A. and the other Tenement called B. lying and being in L. aforesaid in the aforesaid County of Southampton within the Hundred of Odham And that the same N. held the aforesaid Tenements with the appurtenances of the aforesaid Iohn Randal by fealty and a certaine rent by the yeare that is to say the aforesaid Tenement called A. by fealty and the rent of three shillings and four pence and the other Tenement called B. by fealty and the rent of one shilling and six pence And further the same I. R. sayes that within the Hundred of O. aforesaid there is had and time out of mind there hath been had an ancient and laudable custome that is to say that within the Hundred of O. aforesaid every Lord of every Tenant for the time being after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred in manner and forme aforesaid that is to say by fealty and a certaine rent onely should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dying of which the same Tenant died possessed for a Herriot for every such Tenant and the same I.R. in fact saith that the aforesaid N. after and before the said time of the Trespasse aforesaid above supposed to be made to wit the tenth day of December last past before the day of the obtaining of the Bill aforesaid he the said I. R. being thereupon Lord and the aforesaid N. Tenant of him the said I. R. within the aforesaid Hundred at the time of his death being and of the aforesaid two Cowes being possessed at Warblington in the aforesaid County of Southampton of the aforesaid two Tenements dyed in his demesne as of Fee seized after whose the said N. his death by reason of the premises the aforesaid I.R. the aforesaid two Cowes of the best living beasts of the cattell of which the aforesaid N. dyed possessed for and in the name of Herriots according to the aforesaid ancient and laudable custome of right used and due he took and drove away as it was lawfull for him to doe and this he is ready to averre whereupon he prayes judgement whether the aforesaid A. ought to have her action aforesaid against him c. AND the aforesaid A. sayes The Plaintiffe pleads by protestation that as to the taking of one Cow no such custome for pleade son tort Demesne and traverses the plea. that she by any thing before alleadged ought not to be debarred from having her action aforesaid against him the said I. because by protestation that the aforesaid N. in his life time held not of the aforesaid I. the aforesaid two severall Tenements called A. and B. by the services aforesaid as the aforesaid I. above alleadgeth And as to the taking of one Cow of the Cowes aforesaid for a Herriot for the aforesaid Tenement called H. the aforesaid H. by protestation saith that within the Hundred of O. aforesaid there is not had nor time out of minde there hath not been had any such ancient and laudable custome that is to say that the Lord of every Tenant for the time being within the Hundred of O. aforesaid after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dead of which the same Tenant dyed possessed for a Herriot for every such Tenant yet for plea the aforesaid A. saies that the aforesaid J. the day and year aforesaid in the Declaration aforesaid above specified of his own proper injury and without such cause by him the said I. above by pleading alleadged the Close of her the said
verdict and judgment for 271. l. 13. 5 d. ob dammages and 15 l. 19. s. Costs thereupon recovered Whereof a Fifa issued for the Dammages of the proper Goods and a Casa for the Costs and charges after a Devastavit returned upon a Testatum Fifa H L. complaines of R. D. in the custody of the Marshall Declaration Case by way of deceipt in a bargain c. wherefore whereas he the same H. had such a day yeare and place Covenanted and bargained with the aforesaid R. well and sufficiently to make fabricate and burne for him the said H. 80 thousand of Bricks for a certaine summe of mony that is to say for 8. l. to the aforesaid R. before hand paid and afterwards to be paid And the same R. had promised and assumed upon himselfe the aforesaid 80 thousand of Bricks well and sufficiently to make fabricate and burne and to him the said H. at a certaine day last past to wit such a day c. to deliver yet the aforesaid R. plotting the aforesaid H. craftily and subtilly to deceive and defraud 60 thousand of the Bricks about the time aforesaid he so negligently and improvidently he made fabricated and burnt That the aforesaid 60 thousand of Bricks for want of due making fabricating and burning of them would in no manner be serviceable for the aforesaid H. for the doing of the work and business they were to be employed about by which the businesse and work of him the said H. is much hindred and worsted whereupon he saith that he is damnified and hath damage to the value of 40. l. And thereupon he brings his Suit c. MIdd ss Richard Gresham Knight Citizen and Alderman of London complaines of Thomas Bridges in the custody of the Marshall Action of the Case for scandall of an Alderman of London for saying he was an Extortioner c. c. for that that is to say Whereas he the same R. is a true loyall and faithfull Subject of our Lord the King that now is and as a true loyal and faithfull Subject of our Lord the King without any crime of falsitie deceipt or extortion or of any other hurtfull crime from the time of his Nativity hitherto he hath governed and behaved himselfe And of such unblemished honesty and conversation hath been reputed and taken amongst all the faithfull Subjects of our Lord the King unspotted of any wicked crime of falsity Theft Robbery or Extortion or of any manner of deceipt and so for the whole time aforesaid was reputed As also with the most excellent and mighty Prince King Henry the 8th by the Grace of God c. was so taken and judged And thereupon in diverse weighty and difficult businesses of him the sayd Lord the King was used and employed in and into the Office first of one of the Sheriffs of London aforesaid and next Major of the same Citty by occasion of the premises was chosen and with unanimous free and voluntary consent and friendly election of all the Citizens of the City aforesaid was established and constituted and by force thereof the government tutelage and care of the said City and Common-wealth of the same under our Lord the King as a faithfull Deputy of our Lord the King as Major of that City by a whole yeare from the Feast of the holy Apostles Simon and Jude in such a yeare c. unto that Feast then next following he took upon him and had And by the same whole time that City as a faithfull Deputy of our Lord the King he kept and preserved safe and unhurt As also with all the Nobles Pears and Privy Counsellors of our Lord the King And all the great and eminent Persons of this Realme of our Lord the King and withall other the Subjects of our Lord the King of whatsoever state or condition for the whole time aforesaid as such a true loyall and faithfull Subject as is aforesaid from whatsoever crime of falsity or extortion to any the Subjects of our Lord the King hath been accepted and taken to be unspotted and untouched yet the aforesaid T.W. not ignorant of the premises c. of his own perverse malicious and wicked will plotting him the said R. of such his credit state honesty and reputation falsely maliciously subtilly and wickedly to deprive such a day and yeare those false English words following to the aforesaid R. in the presence and hearing of diverse siege and faithfull Subjects of our Lord the King at W. in the County of Middlesex with great oaths he did speak and pronounce that is to say you are a Powler and an Extortioner And the Country meaning the County of Suffolke is the worse by a thousand pounds for you And this I will prove by reason of which said false scandalous and malicious words he the said R. is not onely very greatly vexed and grieved in his body and by disbursing diverse summes of mony for charges and expences about the prosecution of his Suit in that bbehalfe for the purging of himselfe of the premises is very much damnified But also the same R. into very great distrust and infamy aswell with our Lord the King and his Councell aforesayd as with the Nobles and Pears of this Realm of our Lord the King of England as also with all other the faithfull Subjects of our Lord the King is by that means brought and fallen into To the damage of him the sayd R. 100. l. And thereupon he brings his Suit J Fisher Haberdasher Declaration against one for frequenting Company with another mans Wife unlawfully and dishonestly complains of Richard Washington Gent. of of a Plea of Trespas upon the Case And whereupon the same I. by c. complaines that whereas he the sâ—me I. F. by the space of ten years and more at London in the Art of a Haberdashers craft and other Arts with his Neighbours and other the liege people of our Lord the King well and lawfully hath used and exercised and by that occasion many great gaines profits and commodities to himselfe thereupon by the time aforesaid hath gotten and obtained And hath been of good name same and estimation as well with all his Neighbours as with divers other faithfull Subjects of our Lord the King taken and reputed By reason whereof many such faithfull Subjects of our Lord the King with the same IF for the time aforesaid before othermen they have had commerce and trading yet R. the aforesaid sufficiently knowing the premises plotting him the said I. as well in his Goods as in his aforesayd good name and estimation to hurt and worst and him the said I. to defraud of all such like gaines and profits which by reason of the exercising of his Art aforesaid by the time aforesaid he got and obtained And him the said I. F. into so great scandall and infamie to bring with all the faithfull Subjects of our Lord the King that the same Subjects of our Lord the King from
the company and fellowship of him the said I. F. should wholly withdraw and estrange themselves such a day and yeare and place c. and diverse other times and seasons between the same such a day and such a day then next following did frequently and unlawfully repaire and come to one Elizabeth then and as yet the Wife of the aforesaid I.F. at London c. And then and there openly in the Shop of him the said I.F. he then and there had unlawfull fellowship with the same E. And the same E. then and there at some times by lacivious words and other deceitfull and flattering glances and kisses and unchaste and dishonest provocations and by divers other unlawfull wayes and means did in a Devilish manner provoke and incite her the said E. to Luxury and the committing of Adultery with him the said R. And by such his frequent and unlawfull accesses and repayres to the aforesaid E. and the evill behaviour and conversation of him the said R. he the said I. could scarsely have her the said E. in the Shop of him the said I.F. openly before the Neighbours of him the said I.F. and al the people there passing then and there at other times for the space c. by the aforesayd R. for that time used by his the said R. having brought the same E. unto so great scandall infamie of the crime of Luxury and Adultery By reason of which c. the aforesayd I. not only all the profit and advantage which he by the aforesayd E. in managing of his houshold affairs and other businesses from the aforesaid such a day untill such a day was very likely to have gotten if the premises had not been committed hath totally lost and is deprived of but also he the said I F. is drawne into great shame scandall and infamy by reason thereof And remaines so disturbed and unquieted in minde that he about the necessary businesses concerning his Art aforesaid cannot seriously and earnestly intend And the same businesses for the whole time aforesaid by reason of the evill behaviour of the aforesaid R. as aforesaid to him the said I. remaine undone To the damage of him the said I. 100. l. And thereupon he brings his Suit E. P. Complaines of R A. Esquier in the custody of the Marshall c. For that whereas according to the custome of the Realme of our Lady the Queen of England hitherto used and approved every one of the same Kingdom is bound to keep his fire safely securely day and night So that for want of good keeping of such like fire any hurt or losse may in any manner happen to any of their Neighbours yet the aforesaid R. a Fire in a certaine house of his the said R. at E. in the County aforesaid kept so negligently and improvidently that for want of good keeping of his Fire One Barne of his the said E. as also his Goods and Chattells that is to say c. to the value c. in the same Barne then and there being were burnt to the damage of him the said E. c. And against the forme of the Custome aforesaid And thereupon he brings his Suit c. A B. Complaines of C. D. in the custody of the Marshall c. for that that is to say whereas the aforesaid Plaintiffe and Defendant such a day yeare and place had accompted together between them selves of diverse summes of Mony to the aforesaid A. formerly due c. And upon that Accompt the same Defendant was found in arrerages towards the aforesaid Plaintiff in 100. l. Gilders of Flanders mony amounting unto the summe of c. of lawfull mony of England And being c. WHerefore whereas the same Plaintiff had bargained with the aforesaid Defendant such a day yeare and place to buy of him ten Quarters of Malt the aforesaid Defendant knowing that Malt to be corrupt and insufficient to make beare withall by warranting that Malt to be good and sufficient to make bear thereof the aforesaid Malt to him the said Plaintiff for a certaine summe of mony falsely and fraudulently he there sold To the damage of him the said Plaintiff 40. l. c. STATUTE OF MAYNTENANCE Declaration upâ—â— the Stâ—â—â—â— of 〈…〉 in 〈◊〉 by Originâ—â—â— Mâ—ch 11 〈◊〉 6. Roll. 84. JOhn King of London Draper and Nicholas Bulloyne of London Merchant were attached to answer as well to our Lord the King as F. N. otherwise called c. of a Plea wherefore whereas in the Statute at Westminster lately published amongst other things it is contained that No person of the Realm of England of whatsoever state degree or condition soever he were of should maintaine or uphold in the Country or elsewhere under the paine of imprisonment and making fine and redemption to our Lord the King at the will of every such Lord the King that is to say according to their Estate degree and demerit And the aforesaid I. and N. a Plea of Complaint which was in the Court of our Lord the King â—â—â—s City of London before S. Brown one of the Sheriff of the same City without the Writ of him our said Lord the King according to the Custom of the City aforesaid between the aforesayd F and I Garrâ—n Merchant of Catalonia of the debt of 68 l. 10 s. and 6. d. which 〈◊〉 â—â—me I G. required from the aforesayd F. at Burton in the Clay for and on the part of him the sayd I. G. have maintained and sustained in the contempt of our sayd Lord the King and his the sayd F. great damage And against the forme of the Statute c. And whereupon the same F who as well c. in his proper person Complaines for that whereas in the Statute at Westminster lately published amongst other things it is contained that no person of the Realm of England of whatsoever state degree or condition he should be of should maintaine or sustaine any playnt in the Countrey or else where under the paine of imprisonment and making fine and redemption to our Lord the King at the will of every such Lord the King that is to say according to their Estate degree and demerit the aforesayd J. L. and N. such a day yeare and place the plaint which was in the Court of the Lord the King of his City of London before S. B. one of the Sheriffs of the same City in Guild-hall of the City aforesayd in the Parish of St. Lawrence in the old Jury in the Ward of Cheap London without the writt of him the said Lord the King according to the custom of the City aforesayd between the aforesayd F. and I. G. Merchant of Catalonia of the Debt of 68 l. 10. s. and 6. d. which the same I.G. required of the aforesayd F. at Burton in the Clay for and on the part of him the sayd I G have maintained and sustained in the contempt of our sayd Lord the King and the damage of him the sayd F.
or had but by that whole time were and every part and parcell thereof was altogether discharged from the payment of such Tythes as afore it is said And whereas also such causes or businesses and the Cognizance of the same Pleas of Tythes against the form of the aforesaid Acts and Statutes demanded should not appertain to the Ecclesiasticall Court in any manner notwithstanding the said W.S. Farmer of the Rectory of R. in the said Counties of Warwick Worcester Diocesse not being ignorant of the Premisses thinking him the said W.C. against the due form of the Law of this Kingdom of England and against the form and effect of the said Statute unduly to grieve oppresse and weary and also the said now Queen and her Regall Crown and the Cognizance of Pleas to deprive which to the said Queen and her Regall Crown and not to the Court Christian doth belong to another Tryall in the Christian Court to bring him the said W.C. into the said Court before the Worshipfull c. as insuing of and for the taking away and non-payment of the Tyth of Hay by the said W. C. of in and upon the Tenements with th' appurtenances in the year of our Lord 1570. from thence comming had and taken the supposed Tyth of that Hay to have been thereout comming of the said Closes called R. and M. and of divers parcells of Meadow unto the same adjoyning and unto the Mannor of P. belonging and appertaining within the bounds and Limits of the said Parish Church of R. and the tythable places of the same brought into the Plea and the said W. S. him the said W. C. in the Court Christian aforesaid before the said spirituall Judge by the said occasion to appear and unto the said W. S. of and in the Premisses unjustly inforced to answer And although the said W. C. the said matter in this suggestion conteined in the said Court Christian before the said spirituall Judge in his discharge in the Premisses had pleaded and brought inevitable testimony to prove the same Notwithstanding the said Judge altogether refused to admit the said Plea and allegation And the said W. C. in the said cause if Substraction of the said Tyth to condemn and to compell him to pay the said Tyth of Hay by the definitive sentence of the said Court Christian and with all his forces indeavoured and from day to day was dâ—vising to the Contempt of the now said Queen and the Damage prejudice impoverishing and manifest grievance of him the said W. C. and against the force form and effect of the said Statute And this the said W. C. is ready to prove Whereupon the said W. C. most humbly imploring the aid and munificence of the Court of the said Queen unto him desireth Remedy and a Writ of the said Queen of Prohibition unto the said spirituall Judge or unto any Competent Judge in this behalf whatsoever to be directed that neither they nor any of them the said Plea touching the premisses in what manner soever before them or any of them may any further hold c. And it is granted to him c. A Declaration for that the Defendant 〈◊〉 pâ—osecuted in the Court Christian after the Queens Prâ—hâ—bâ—tion U. K. Esquire who aswell for the said Queen prosecuteth as for himself Complaineth of W.S. Farmer of all and singular the Tythes to the Rectory of the parish Church of Badby with Neâ—â—ham in the County of Northampton aforesaid in the Diocesse of Peterborrough and of the Province of Canterbury in the Custody of the Marshall c. of a Plea wherefore he is prosecuted in the Court Christian against the Queens Prohibition unto him formerly thereof to the contrary directed and delivered for that Suggestion for Prohibition for that the said Rectory unto an Abbot was appâ—opriate and hâ—ld discharged of the payment of any Tithes that is to say that whereas within the said Parish of B. with N. in the said County of N. there hath been and remained and from the time of which contrary the Memory of men remaineth not there had been accounted and there were aswell a Rector and a Vicar as a Rectorie and Vicarage of the parish Church of B. with N. aforesaid which said Rectory is and from time out of the memory of man was a Rectorie appropriate And whereas Philip late Abbot of the late Monastery of the blessed Mary of St. Ogwin of Eversham in the County of VVorcester at the time of the dissolution and suppression of the same late Monastery and all his Predecessors Abbots of the same late Monastery for the time being from the time out of the memory of man were seized aswell of the said Rectory with th' appurtenances as of D. acres of Land 40. acres of Meadow Together at once and all at once seized and 100. acres of Pasture with th'appurtenance in B. with N. aforesaid called the Demesns together and at once and all at one time in his Demesn as of Fee in the right of his said late Monastery and that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being the said Tenements with th' appurtenances called the Demesns and every parcell thereof from time out of mind untill at the time of the dissolution or suppression of the said late Monastery And also the said late Abbot at the time of the dissolution or suppression of that Monastery held and enjoyed discharged and acquitted of and from the payment of the Tythes following that is to say of the Tythes of Grain Hay of in or upon the said Tenements with th' appurtenances called the Demesns yearly in whatsoever manner growing happening renewing or comming and the Tythes of Lambs and of Wooll sheer'd by Sheerers falling and happening of Sheep in or upon the said Tenements with th' appurtenances depasturing feeding and lying and also of the Tythes of Heifers and of Milk falling happening and milkt of Cowes in and upon the same Tenements with th'appurtenance depasturing feeding and lying and also the Tythes of Herbage and of whatsoever dry or barren Cattell in and upon the said Tenements with th'appurtenance depasturing feeding and lying and also of the Tythes of Pigs falling and happening of Sows in and upon the same Tenements with th' appurtenances depasturing feeding and lying and also of the Tythes of Wood and Underwood growing and happening in and upon the said Tenements with th'appurtenance And whereas the said late Abbots as well of the said Rectory with th'appurtenance as of the said Tenements with th'appurtenance called the Demesns for the payment of the said Tythes for the said occasion afore alleged is discharged as before it is said Statute of 31. H. 4. for holding religious Lands in such form as Abbots c. and others held being seized by a Statute in Parliament of H. 8. late King of England held at VVestminster the 23. day of April in the 31. year of
his Reign amongst other things it was ordained and firmly remaineth that aswell the said late King his Heirs and Successors as all and singular such person and persons their Heirs and Assigns who then had or from thence afterwards should have any Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Ecclesiasticall houses or places Sites Circuits and Precincts of them or any of them or any Mannors Messuages Rectories appropriate Tythes Pensions Portions or other Hereditaments whatsoever they should be which belonged or appertained or which then that is to say at the time of the publishing of that Statute did belong or appertain unto the said Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryers houses or other Religious and Ecclesiasticall houses or places or unto any of them they should have hold retein keep and enjoy aswell the said Rectories appropriate Tythes Pensions and Portions as the said Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses and other Religious and Ecclesiasticall houses and places Sites Circuits Precincts Mannors Messuages Lands Tenements and other Hereditaments whatsoever they should be and every of them according to their Estates and Titles discharged and acquitted from the payment of Tithes as freely and in as large and ample manner as the said late Abbots Priors Abbesses Prioresses and other Ecclesiasticall Governours and Governesses or any of them had held occupied possessed used reteined or enjoyed the same or any parcell thereof at the dayes of their dissolution suppression renouncing dissertion forfeiture giving up or comming to the Highness of the late King of such Monasteries Abbeys Priories Nunneries Hospitalls Friers houses or other Religious or Ecclesiasticall houses or places or at the day of dissolution suppression renuntiation desertion giving up or comming to the hands of the said late King of any of them by the said Act or any thing in the same conteined to the contrary thereof notwithstanding as by the said Statute among other things more fully it doth and may appear Giving up of the Abbey land by the Abbot unto the King The foresaid late Abbot as well of the said Rectory as of the said Tenements with th' appurtenances called the Demesns from the payment of the said tithes was discharged as afore is said in form aforesaid being seized the said late Abbot the 28. day of January in the said 31. year of the Reign of the said late King H. 8. at Westminster aforesaid by the assent of the said late Monastery then called together by his certain Writing then sealed with the Conventuall Seal of the said late Monasterie and in the Chancery Court of the said late King at Westminster aforesaid then held and being and in due manner inrolled of Record bearing date the same day and year gave granted and gave up unto the said late King H. 8. the said late Monastery and also the said Rectory and the said Tenements called the Demesns with th' appurtenances amongst ather things To have and to hold unto the said late King his Heirs and Successors amongst other things for ever by virtue of which and by force of the said Statute the said late King H. 8. was of that Mannor Rectory and Tenements with th' appurtenances amongst other things seized in his Demesn as of Fee in the right of his Crown of England and so thereof being seized the said Tenements with th' appurtenances called the Demesns and every parcell thereof held and enjoyed and ought to hold and enjoy discharged and acquitted from the payment of any Tithes aforesaid above in this behalf recited of in or upon the said Tenements with th' appurtenances called the Demesns and every or any parcell thereof yearly in manner and form aforesaid above in this behalf alleged in any manner growing happening sheering milking or renewing by pretence of the said Act of the rest of the premisses and the foresaid late King of the same Tenements with th'appurtenance called the Demesns from the payment of the said Tithes in that manner aforesaid discharged in form aforesaid being seized the said late King Intailment made by Letters Patents of the King the 20th day of April in the 34th year of his Reign at Westminster aforesaid by his Letters Patents sealed with his great Seal of England and in due manner made and to the Court of the said now Queen here proffered bearing date the same day and year gave and granted the said Tenements with th'appurtnances called the Demesns unto one E.R. Knight and unto the Lady V. then his Wife To have and to hold to them the said E. and V Form of pleading of a Deed in the tayl and the Heirs males of the body of him the said E. lawfully begotten and for default of such issue the Remainder thereof unto one F. R. Esquire brother of the said E. and to the Heirs males of the body of him the said E. lawfully begotten and for default of such issue the Remainder thereof unto the right Heirs of one R. R. Knight then deceased late Father of the said E. for ever To hold of the said late King his Heirs and Successors in Chief by the Tenth part of one Knights fee As by those Letters Patents amongst other things more plainly it doth and may appear By pretence of which said Letters Patents they the said E. and V. into the same Tenements with th' appurtenances called the Demesns entred and were thereof seized that is to say the said E. in his Demesn as of Fee tayl in form aforesaid and the said V. in her Demesn as of Free-hold for term of her life the Remainder thereof as aforesaid is remaining and the said E. and V. of the same Tenements with th' appurtenances called the Demesns in that manner afore-spoken of being seized they the said E. and V. the same Tenements with th'appurtnances likewise held and enjoyed of and from the payment of the said Tithes before in this behalf alleged in whatsoever manner growing happening sheering milking or renewing By right of increase altogether discharged by pretence of the said Act and of the rest of the Premisses and so thereof being seized the said E. afterwards at B. with N. aforesaid dyed without Issue male of his body lawfully begotten and the said V. him survived and held her self in into the said Tenemenes with th'appurtences called the Demesns and was thereof solely seized in her Demesn as of Freehold for term of her life the remainder thereof in form aforesaid being And the said V. of the same Tenements with th' appurtenances in that manner afore spoken Note whensoever any doth allege land to be discharged from the paying of Tithes and the same land was conveyed from the King to divers persons the Plaintif in Prohibition ought to allege the same lands to be held and discharged by whatsoever persons using the same lands being seized She the said V. likewise held and enjoyed the said Tenements with th' appurtenances altogether discharged of and from the