Trinity Term Aº 6 to of King James Calvins Case Co. 7. part Fol. 1. a. IAmes by the Grace of God of England Scotland Erance and Ireland King defender of the Faith c. To the Sheriffe of Middlesex Greetings Robert Calvin Gent. hath complained to us That Richard Smith and Nicholas Smith unjustly and without Judgement have disseized him of his Freehold in Haggord otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past and therefore we command you That if the said Robert shall secure you to prosecute his claim Then that you cause the said Tenement to be reseised of the Chattels which within it were taken and the said Tenement with the Chattels to be in Peace untill Thursday next after 15. dayes of Saint Martin next coming and in the mean time cause 12. free and legall men of that venew to see the said Tenement and the names of them to be unbrevicted and summon them by good summonors that they be before us where ever we be in England ready thereof to make Recognition and put by suerties and pledges the aforesaid Richard and Nicholas that then they be there to hear the Recognition and have there the summons the names of the Pledges and this Writ Witness my self at Westminster the 3. day of November in the year of our Reign of England France and Ireland the 5th and of Scotland the one and fortieth For 40. s. paid in the Hamper KINDESLEY THe Assise cometh to Recognize If Richard Smith and Nicholas Smith unjustly and without Judgement did disseise Robert Calvin Gent. of his Freehold in Haggard otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past And whereupon The said Robert who is within the age of 21. years by John Parkinson and William Parkinson his Guardians which the Court of the said King hereto this have joyntly and severally specially are admitted Complaineth That they disseised him of the Messuage with the Appurtenances c. And the said Richard and Nicholas by William Edwards their Attorney come and say That the said Robert ought not to be Answered to his Writ aforesaid because they say That the said Robert is an Alien born the 4th day of November in the Reign of the King that now is of England France and Ireland the third and of Scotland the 34th At Edenborough within his Kingdom of Scotland aforesaid and within the Alleagiance of the said Lord the King of the said Kingdom of Scotland and without the Alleagiance of the said Lord the King of his Kingdom of England and at the time of the birth of the said Robert Calvin and long before and continually after the aforesaid Kingdom of Scotland by the proper Rights Laws and Statutes of the same Kingdom and not by the Rights Laws and Statutes of this Kingdom of England was Ruled and Governed and yet is And this he is ready to aver and thereupon prayeth Judgement If the said Robert to his said Writ aforesaid ought to be answered c. And the aforesaid Robert Calvin saith That the aforesaid Plea by the aforesaid Richard and Nicholas above pleaded is in sufficient in Law to him the said Robert to Answer and to Barre him to have his Writ aforesaid that the said Robert to the said Plea in manner and form pleaded needeth not nor by the Law of the Land is holden to Answer and this he is ready to aver hereof prayeth Judgement and that the said Kichard and Nicholas to the aforesaid Writ of the said Robert do Answer And the said Richard and Nicholas for as much as they sufficient in matter in Law to him the said Robert to Answer have to his Writ aforesaid in Barr above have alleged which they are ready to aver which matter the aforesaid Robert doth not gainsay nor to the same doth in any ways Answer but the said Averment altogether to admit refuseth as at first demandeth Judgement if the aforesaid Robert to his Writ aforesaid ought to be admitted c. And because the Court of the Lord the King here are not yet avised of giving her Judgement of and upon the premises day thereof is given to the parties aforesaid before the Lord the King at Westminster untill Monday next after 8. dayes of St. Hillary to hear there Judgement thereof because the Court of the Lord the King here thereof are not yet c. And the Assise aforesaid remain to be taken before the said Lord the King untill the same Monday there c. And the Sheriff to distrein the Recognitors of the Assise aforesaid And before to make view c. At which day before the Lord the King at Westminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid and because the Court of the Lord the King hereof giving their Judgement of and upon the premises is not yet avised day hereof is given to the parties aforesaid before the Lord the King at VVestminster untill Monday next the morrow of the Assension of our Lord to hear their Judgement because the Court of the Lord the King here are not yet c. And the Assise aforesaid remain further to be taken until the same Monday there c. At which day before the Lord the King at VVestminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid c. And because the Court c. Upon which Seen and by the Court of the Lord the King here all and singular the prepremises fully understood and diligently looked into and examined and mature deliberation hereof being had because it seemeth to the Court of the Lord the King that now is here that the Plea aforesaid of the said Richard Smith and Nicholas Smith above pleaded is not sufficient in Law to the aforesaid Robert Calvin to have Answer to his Writ aforesaid to Barr Therefore it is considered by the Court of the Lord the King that now is here That the aforesaid Richard Smith and Nicholas Smith to the Writ of the said Robert further Answer c. Michael 25. and 26. of Queen Elizabeth Rott 144. Assise Dowmans Case C. 9th part Fol. 1. a. THe Assise came to Recognise if Edward Vavasor Esquire George Vavasor Gent. Richard Coats John Lawson William Musgrave Robert Thissylwood and Robert VVard unjustly c. Disseised Thomas Dowman Esq and Elizabeth his wife of their Freehold in Spaldington VVillitoft and Southcate within 30. years now last past c. And whereupon the said Thomas and Elizabeth by Henry Cressey Their Attorney complain That they disseised them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of pasture with their appurtenances c. And the aforesaid Edward George Richard John Robort Thyssylwood and Robert VVard by Edward Latimer
at Westminster in the County of Midd. was holden at Westminster aforesaid unto the Castle of the Lady the Queen c. is adjorned c. and their holden c. Afterwards the said Lady the Queen By other Letters Patents Constituted John Clench and Francis Rodes one of her Serjants at Law Justices to Assizes in the a-aforesaid County of York c. And the said Justices by virtue of the said Lett. Patents Afterward that is to say Monday in the 4th week of Lent in the yeer of the Reign of the said Lady the Queen that now is the 25th At the Castle of York came before whom then and there come the aforesaid Thomas Dowman and Elizabeth by their Attorney aforesaid and pray a Writ of Reattachment to the aforesaid Edward George Richard Coats c. that they be before the Justices of the Lady the Queen at the next Assizes in her County of York to be taken assigned to be holdē at the afores Castle of York to hear the Record and their Judgement of the Assize aforesaid w hc was in the Court of the said Lady the Queen that now is at the Castle aforesaid so that that Assize then be here in the State as it was in the Court of the said Lady the Queen that now is before the aforesaid John Clench and Francis Gawdy Justices to Assizes c. At the aforesaid Castle of York the aforesaid Monday the 6th day of August in the year of the said Lady the Queen that now is the 24th in which day the Assize aforesaid was adjorned before the said John Clench and Francis Gawdy then Justices c. from the aforesaid Castle of York unto the aforesaid Inn of the Justices in Chancery Lane London untill the aforesaid Saturday next after the aforesaid morrow of All Souls then next following c. At which next Assizes holden at the Castle of York aforesaid Monday the 29th day of July in the yeer of the Reign of the said Lady the Queen that now is the 25th before the aforesaid John Clench and Francis Gawdy then Justices to Assizes c. came as well the aforesaid Thomas Dowman and Elizabeth by their Attorny aforesaid as the aforesaid Edward George Richard Coats Iohn William Robert and Robert by the aforesaid Thomas Hill their Attorny And the Sheriff that is to say Thomas Wentworth Esq now sent That the aforesaid Edward Vavasor George Richard Coats Iohn William Robert and Robert c. And upon this day is given to them before the Justices of the said Lady the Queen that now is of the Bench in the Bench at Westminster in the morrow of All Souls next comming to hear and receive what to the said Justices should seem in this behalf because the said Iohn Clench and Francis Rodes Justices to Assizes c. thereof not yet c. And the Assize aforesaid with all touching the same to the said Justices of the Bench is sent c. The Warrant of Attorny followes and the Writ of Resummons in the Roll and the Tenor of the Writ of Reattachment and Retorn of the said Writ Elizabeth c. To the Sherriffs of York greeting Reattach Edward Vavasor Esq George Richard Coats Iohn William Robert and Robert or their Bailiffs if they shall not be found before our Justices to Assizes in your County to be taken assigned at the Castle of York in your County upon Monday the 22d. day of Iuly then next to come to hear the Record and Judgement of the Assize of Novel disseisin which was in our Court at the Castle aforesaid which Assize Thomas Dowman Esq and Elizabeth his Wife there arraigned against them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of Pasture with the Appurtenances in Spaldington VVillytoft and Southcone So as they that Assize then be there in the same state as it was in our Court before Iohn Clench third Baron of our Exchequer and Francis Gawdy one of our Serjants at Law our Justices to Assizes in your County to be taken assigned At the aforesaid Castle of York Monday the 6th day of August last past which day the assize aforesaid for certain causes was from thence adjorned before the same our Justices unto the Inn of the Justices in Chancery Lane London Untill Saturday next after the morrow of All Souls then next following And have here the names of the Pledges and this Writ Iohn Clench at the Castle of York the 11th day of March in the yeer of our Reign the 25th Frankland Cresly The within named Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert hath not any thing nor any of them have any thing in my Baliwick by which they can be attached or any of them can be attached nor have they nor any of them hath a Bailiff or Bailiffs nor are they or any of them to be found in the same Thomas VVentworth Esq Sheriff And now here that is to say at VVestminster aforesaid at this day that is to say at the aforesaid morrow of All Souls came as well the aforesaid Thomas Dowman and Elizabeth by the aforesaid Henry Cressy their Attorny as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by Tho. Algar their Attony And because the Justices of the Bench here will avise themselves of and upon the premses before they give their Judgement thereof day is given to the parties here until 8. dayes of St. Hillary and so it is continued in 8. dayes of St. Hillary the yeer following At which day here come as well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by their Attornies aforesaid and upon this The premises being seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Indenture by the aforesaid Peter Vavasor Esq after the aforesaid Recovery in form aforesaid made and had was good and sufficient in the Law to lead the uses of the Recovery aforesaid of the Tenements aforesaid with the Appurtenunces so that the same Recovery of the Tenements aforesaid with the Appurtenances in the view of the Recognitors of the Assize aforesaid put and in the Plaint aforesaid specified by the aforesaid Andrew VVindsor VVilliam Vavasor Peter Vavasor the younger and John Laundere against the aforesaid Peter Vavasor Esq in form aforesaid had was to those uses in the aforesaid barr of the aforesaid Edward above specified in manner and form as the said Edward in his bar aforesaid above alleged Therefore it is considered That the aforesaid Thomas Dowman and Elizabeth take nothing by their Writ aforesaid but in mercy for their false clamour c. And the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert go thereof without day c. Audita Querela Easter Term Anno 80. of King JAMES Doctor Druries Case C. 8. part Fol. 139. a. AT another time as appeareth in
th year of his Reign and from thence adjorned to Westminster and there holden and from that time continued by divers prorogations untill the 4 th day of February in the year of his Reign the 27 th and then and there holden amongst other things it was enacted That the said late King Henry the 8 th his Heirs and Successors Kings of England should have hold and enjoy to him for ever the Lordships or Manor of Bishops Lynne and Gaywood amongst other with all and singular their Appurâ—enances As also all Liberties Franchises Goods and Chattels Waifes and Strays Views of Frank-pledge Courts profits of Courts and all and singular other Temporal possessions and Hereditaments with the appurtenances in Bishops Lynne and Gaywood aforesaid which late before then belonged to the late Bishop of Norwich as in the said Act of Parliament more fully appeared The said late King Hen. the 8th For that by the said Act the same Mannors and Possessions to him and his Heirs Kings of England were enacted and were willed and Ordained by the same his Letters Patents declared for him and his Heirs That the said Town of Bishops Lynne from thenceforth for ever should be named and called Kings Lynne and not by any other name and that the same name of Bishops Lynne from henceforth should be destroyed and deprived And further the said late King Henry out of his special grace and meer motion and for the love which he bore to the aforesaid his beloved and faithful Subjects The Mayor and Burgesses of his Borough of Lynne aforesaid in his County of Norfolk aforesaid and the said Borough and the Inhabitants of the same he had and bore desiring further peace quiet and tranquillity in the said Borough continually to be had and from time to time to be encreased from whence all prosperity utility and their accommodations undoubted take beginning had condescended and by the same his Letters Patents had granted for him his Heirs and Successors to the aforesaid Mayor and Burgesles and Inhabitants of his Borough aforesaid That they for ever after The name of Mayor and Burgesses of his Borough of Lynne Regis commonly called Kings Lynne in his County of Norfolk should have and enjoy and by the same name should be called and named and not by any other name And that by the same name they should be persons able and capable in Law to have and purchase Lands and Tenements Goods and Chattels and other possessions whatsoever and to plead and be impleaded answer and to be answered defend and might be defended before whatsoever Justices either Judges Temporal or Spiritual in what Court soever and in all and singular Actions â—â—uses Matters Plaints and Demands of what kind soever they should be or nature in the same manner as the other Liege people of the said late King were able and capable in Law to plead and be impleaded answer and be answered defend or might be defended as by the said Letters Patents to the Jurors aforesaid in evidence shewed amongst other things more fully appeareth And farther the Jurors say upon their Oath aforesaid That after the making of the said Letters Patents aforesaid that is to say the aforesaid 27 th day of Ianuary in the year of the Reign of the Lord the King that now is the 6 th within written The aforesaid John Payne the Testator in his life The writing Obligatory in the Declaration above specified made sealed and as his Deed delivered to the aforesaid Mayor and Burgesses of the Borough of the Lord the King of Lynne Regis commonly called Kings Lynne in his County of Norfolk in the aforesaid Letters Patents named By the name of the Mayor and Burgesses of Kings Lynne in the County of Norfolk But whether upon the whole matter aforesaid by them the said Jurors in form aforesaid found the writing Obligatory aforesaid in the Declaration within written be the Deed of the said John Payne or not the same Jurors are altogether ignorant and pray thereof the advise of the Justices and Court here c. And if upon the whole matter aforesaid by them the said Jurors in form aforesaid found It shall seem to the Justices here That the writing aforesaid in the Declaration within written specified be the Deed of the aforesaid John Payne the Testator Then the said Jurours say upon their Oath aforesaid That the writing aforesaid is the Deed of the said John Payne the Testator and then they assess the damages of the said Mayor and Burgesses by occasion of deteining of the debt within written above their Costs and Charges by them in their sute in this behalf expended to 12. pence and for their Costs and Charges to 12. pence And if upon the whole matter aforesaid by them the Jurors in form aforesaid found It shall seem to the Justices here That the writing aforesaid be not the Deed of the aforesaid John Payne the Testator Then the said Jurors say upon their Oath aforesaid That the writing aforesaid is not the Deed of the aforesaid John Payne the Testator aâ— the aforesaid John Payne the Executor above in pleading hath alleaged And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid untill c. To hear their Judgement thereof because the said Justices here thereof are not yet c. Dower Trinity Term Anno 80. Of King JAMES Edward Althams Case Co. 8. part fol. 14. a. THomas Lawrence and Marcy his Wife by Charles Cardinal their Attorny demand against Edward Altham Gent. and Margaret his Wife the Third part of 100. Acres of Land 10. Acres of Meadow and 60. Acres of Pasture with their Appurtenances in Gosfield as the Dower of the said Marcy of the Endowment of Thomas Nash the Elder sometimes her Husband c. And the aforesaid Edward and Margaret by John Rowley their Attorny come and say That the aforesaid Thomas and Marcy the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. Of the Endowment of the said Thomas Nash sometimes Husband c. Against them ought not to have because they say That the said Thomas Nash sometimes the Husand c. Was seized of the Tenements aforesaid whereof c. In his Demesn as of Fee and held the same of John Wentworth Esq as of his Mannor of Gosfield with the Appurtenances in the County aforesaid in Free Socage that is to say by Fealty only for all manner of Services and Demands And the said Thomas so of the Appurtenances whereof c. being seised The 10 th day of April in the yeer 1592. at Gosfield aforesaid made his Testament and last Will in writing And by the same his last Will willed and bequeathed the Tenements aforesaid with the Appurtenances whereof to one Zachary Nash Younger Son of the same Thomas Nash To have and to hold to the said Zachary for term of his
the said Richard Mauser and John Mauser his Son and their Heirs and the Heirs of either of them do at all times hereafter upon request to them or any of them made at the costs and charges of the said William Paynter his Heirs and Assigns make seal deliver acknowledge and do all and every such further reasonable Act and Acts thing and things devise and devises in Law as shall be reasonably devised or required to be done by the said William Paynter his Heirs or Assigns or his or their Counsel learned in the Law for the further assurance surety and sure-making of the aforesaid parcel of Woodland with the appurtenances unto the said William Paynter his Heirs and Assigns That then this present Obligation to be void or otherwise to remain in his force and vertue Which being read and heard The said Richard saith That the said William ought not to have his Action against him because he saith That the aforesaid William from the time of the making of the writing aforesaid untill the day of the bringing of the Original Writ of the said William that is to say the 16th day of October in the year of the Reign of the Queen that now is the 24th had held and enjoyed all the said parcell of Wood with the appurtenances called Southwood in the Condition aforesaid above specified kept free of and from all and singular former Bargains sales gifts grants demises rights joyntures dowers rent charges and from all other charges and incumbrances whatsoever had made or suffered to be made by the said Richard Mauser his Heirs or Assigns according to the form and effect of the Endorsment thereof And the said Richard Mauser further saith That after the making of the writing aforesaid and before the day of the bringing of the Original Writ aforesaid That is to say The 10th day of April in the year of the Reign of the said Lady the Queen that now is the 24th The aforesaid William Paynter at Gillingham in the County of Kent devised in writing a certain writing of Release between the said William Paynter and him the said Richard Mauser and the before said John Mauser and then and there required the said Richard and the said John that they would deliver the said writing as their Deed whereupon the said Richard the said writing at Gillingham aforesaid sealed and delivered as the Deed of the said Richard to the aforesaid William And further the said Richard saith That the said John Son of the said Richard in the condition aforesaid named upon the request of the said William made to the said John to Seal and deliver that writing as his Deed upon the shewing of the said writing of Release so devised because the said John was not lettered and could not read nor discern the contents or matter of the said writing at Gillingham aforesaid then required of the said William Paynter the writing aforesaid to be delivered unto him to shew the same to a man learned who could read the said writing to him so that he upon the reading of the contents of the writing aforesaid might inform himself whether that writing were made according to the Tenor of the Condition aforesaid or not and the said John said then and there That he would Seal and deliver that writing if that writing were according to the Tenor of the Condition aforesaid But the said William then and there refused to deliver to the said John the writing aforesaid to shew to a man learned in the Law who could read the same to the â—aid Iohn By reason of which The said Iohn did not seal nor deliver the writing aforesaid to the said William upon the request of the said William in manner and form aforesaid made And the aforesaid Richard Mauser saith That from the time of the making of the writing aforesaid untill the day of the bringing of the Writ aforesaid there were not any other farther Act or Acts devise or devises by the said William or his Counsel learned devised and required to be done to the aforesaid William Paynter for the further assurance security and sure making of the aforesaid parcell of Wood with the appurtenances by the said Richard Mauser and Iohn Mauser or any of them to the aforesaid William Paynter his Heirs and Assigns according to the form and effect of the Condition aforesaid to be done And this he is ready to averr whereupon he prayeth Judgement if the said William his Action aforesaid against him ought to have And the said William saith That the Plea of the said Richard in manner and form above pleaded is not sufficient in Law to Barr the said William to have his Action aforesaid against the said Richard and that he to that Plea in manner and form aforesaid pleaded needeth not by the Law of the Land to Answer and this he is ready to averr Whereupon for default of a sufficient Plea in this party The said William demandeth Judgement and his debt aforesaid together with his damages by occasion of deteining his debt to be adjudged unto him c. And the said Richard for as much as he sufficient matter in Law to barr the aforesaid William of having the Action aforesaid against the said Richard above hath alleged which he is ready to averr And which matter the said William doth not deny nor to the same in any manner Answer but the same averment to admit doth altogether refuse as before he demandeth Judgement and that the said William from his action aforesaid having against him the said Richard be barred c. And because the Justices here will advise of and upon the premises before they give Judgement day is given to the parties aforesaid untill the day after the Holy Trinity to hear their Judgement c. Because the said Justices hereof not yet c. At which day here come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and because the Justices here will further advise of and upon the premises before they give Judgement further day is given to the parties aforesaid untill in 8. dayes of St. Michael to hear their Judgement because the said Justices here hereof not yet c. At which day come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and upon this the premises considered and by the Justices here fully understood It seemed to the Justices here That the aforesaid Plea of the said Rich. Mauser above in Barr pleaded is not sufficient in Law the said Rich. as to barr the said Wil. to have his ActioÌ„ aforesaid against the said William Paynter above hath alleged Therefore it is granted that the said William Paynter recover against the said Richard Mauser his debt aforesaid and his damages by occasion of deteining of his debt to 20. pounds to the said William with his assent by the Court here adjudged and the aforesaid Richard in mercy c. Afterwards that is
them and to their Heirs males of their bodies or to the Heirs of their bodies lawfully begotten minding at the time of such gifts not only to prefer advance presently the donees but also their Heirs in blood of their bodies according to the limitatioÌ„ of the said gifts to the intent that the RecoÌ„pence for the service of such donees should not only be a benefit for their own persons but a continual profit and commodity to and for their Heirs coming of their bodies whereby such Heirs should have in special memory and daily remembrance the profit that they have and take by the service of their Ancestors done to the Kings of this Realm of England and thereby be the better incouraged to do the like service to their Sovereign Lords as to their duty and Allegiance appertaineth And because divers such Donees in tail and their Heirs daily before the making of the Act aforesaid have suffered by their assent false and feigned Recoveries to be had against them with common Voucher or otherwise of Mannors Messuages Lands Tenements or Hereditaments so given or provided in tail by the aforesaid Lord the King or his Noble Progenitors as is aforesaid to the intent by fraud loin and undue meanes not only to binde and defraud their Heirs inheritable by the limitation of such gifts but also the said Lord the King of his prerogative Wardship primer seisin and other his rights whereby Questions and diversity of opinions have risen and yet be Whether such false and feigned Recoveries against such Tenants in tail by their own consents of Lands Tenements or Hereditaments of which the Reversion or the Remainder were in the King at the time of such Recovery or Recoveries had should after the death of Tenant in tail binde the Heirs in tail or not For full Declaration thereof and to avoid and extinct from henceforth diversities of opinions in the like Cases It was enacted by the said Act That no such feigned recovery from henceforth after to be had by assent of parties against such Tenant or Tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such recovery should be in the Lord the King should binde or conclude the Heirs in tail whether any Condition or Voucher should be in any such feigned recovery or not but that after the death of every such Tenant in tail against whom any such recovery should be had the Heirs in tail might enter have and injoy the Lands Tenements and Hereditaments so recovered according to the form of the gift in tail the said Recovery or any other thing or things hereafter to be had and suffered by or against any such Tenant in tail to the contrary notwithstanding And further by the said Act by authority of the said Parliament It was enacted That the Heirs of every such Tenant in tail against whom any such feigned Recovery should be had should take no advantage for any Recompence in value against the Voucheenor his Heirs as by the said Act amongst other things more fully it appeareth And the said Iohn further saith That the said Thomas so of the aforesaid one Moyety of the Island aforesaid and of the Râ—version of the other Moyety thereof in form aforesaid being seised The Recovery aforesaid in form aforesaid by the said Iohn Godfrey against the beforesaid Thomas Wiseman the Son was had and executed contrary to the form of the Statute aforesaid and this he is ready to aver Wherefore he demands Judgement and his Debt aforesaid together with his Damages by occasion of the detaining of the said Debt to be ajudged unto him c. And the said Richard Barnerd saith That the aforesaid Plea of the aforesaid Iohn Wiseman above by Replication pleaded and the matter in the same conteined are not sufficient in Law to maintain the said Iohn to have his aforesaid Action gainst the said Richard and that he unto the Plea aforesaid in manner and form aforesaid pleaded needeth not to answer by the Law of the Land And this he is ready to aver wherefore for default of sufficient Replication of the said Iohn in this part The said Richard demandeth Judgement and that the said John from having his Action aforesaid against him be Barred c. And the said John Wiseman for as much as he sufficient matter to have his Action against the said Richard by the Replication aforesaid hath alleged which he is ready to aver which matter the aforesaid Richard doth not deny nor to the same doth any wayes answer but doth altogether refuse to admit the averment aforesaid As before he demandeth Judgement and his debt aforesaid together with his damages for the deteining of his debt to be adjudged unto him c. And because the Justices here will advise of and upon the premises before they give Judgement thereof day is given to the parties aforesaid here in 8 bis of Saint Michael to hear their Judgement because the Justices here are not yet c. at which day here come as well the said John Wiseman as the said Richard Barnard by their Attorneys aforesaid upon which the Plea of the said John VViseman upon the Replication pleaded being seen and by the Justices here fully understood It seemeth to the Justices here that the said Plea and the matter in the same conteined are not sufficient in Law for the said John to have and maintain his Action aforesaid against the said Richard Therefore it is granted That the said John take nothing by his Writ aforesaid but that he be in mercy for his false clamour And that the said Richard go thereof without day c. Debt Hillary Term 34. Eliz. in the Kings Bench Rott 169. Westbies Case Co. 3. part MEmorandum that at another time that is to say the Term of Saint Lond. ss Michael last past before the Lady and Queen at Westminster came Titus VVestby by Thomas Cooke his Attorney and brought here in the Court of the said Lady the Queen then here his Bill against Thomas Skinner and John Catcher late Sheriffs of London in the Custody of the Marshal c. of a Plea of Debt And are Pledges of Sute Iohn Doo and Richard Roo Which Bill followeth in these words ss London ss Titus VVestby complaineth of Thomas Skinner and Iohn Catcher late Sheriffs of London in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being of a Plea that they render to him 440. pound of lawful Money of England which they owe him and unjustly do detein for that That is to say That whereas one Thomas Smith Gent Edward VVinter Gent. Anthony Bastard Gent. by the names of Thomas Smith of Camden in the County of Glocester Gent. Of Edward VVinter of VVorthington in the County of Leicester Cent. and Anthony Bastard of Alderbury in the County of Oxford Gent. the 20th day of Ianuary in the year of the Reign of the Lady
in Execution being The said Thomas Skinner and Iohn Catcher then being Sheriffs of London within written the 8th day of September the 30th year aforesaid by virtue of the Writ aforesaid at London aforesaid took and arrested the within named Anthony Bastard in manner and form as the said Titus within likewise against the said Thomas Skinner and Iohn Catcher declared And that the said Anthony Bastard so taken and arrested under the custody of the said Thomas Skinner and John Cacther then Sheriffs of London aforesaid in form aforesaid being The said then Sheriffs of London the said Anthony Bastard in Execution for the aforesaid 440. pounds then and there had according to the Command of the said Writ And moreover the Jurors aforesaid say upon their Oath aforesaid That the said Anthony Bastard so in custody of the said Thomas Skinner and John Catcher for the aforesaid 440. pounds for the aforesaid other Debt of 240. pounds to the said Robert Dighton in form aforesaid being The said Thomas Skinner and John Catcher afterwards that is to say the within written 20th day of October in the 30th year aforesaid in the going out of their Office aforesaid the said Anthony Bastard by Indenture delivered to Hugh Offley and Richard Saltonstall in Execution for the aforesaid Debt of the said Robert Dighton without any other mention of the said Execution of 440. pounds made to the aforesaid Hugh Offley and Richard Saltonstall or to any of them given or notified And fuâ—ther the said Jurors say upon their Oath aforesaid That then That is to say The 20th day of October in the 30th year aforesaid The said Thomas Skinner and Iohn Catcher from their Office aforesaid were discharged And further the said Jurors say upon their Oath aforesaid That after that the said Thomas Skinner and Iohn Catcher from their Office aforesaid in form aforesaid were discharged That the said Anthony Bastard without payment of any of the aforesaid Debts in the Custody of the aforesaid Hugh Offley and Richard Saltonstall in form aforesaid being for the said 240. pounds the said Hugh Offley and Richard Saltonstall the said Anthony Bastard having none nor any of them ever having any Notice to them or either of them given of the said Execution of the aforesaid 440. pounds at London aforesaid out of the Prison aforesaid suffered to go at large where he would But whether upon the whole matter aforesaid in form aforesaid found The said Thomas Skinner and John Catcher ought to be charged for the aforesaid said Debt of 440. pounds in Law or not the Jurors aforesaid are altogether ignorant And they pray the Advice of the Court of the said Lady the Queen before the Queen her self being And if it shall seem to the said Court That the said Thomas Skinner and Iohn Catcher ought not to be charged for the said 440. pounds in Law upon the whole matter above found The said Jurors say upon their Oath aforesaid That the said Thomas Skinner and Iohn Cacther do owe to the said Titus VVestbie the said 440. pounds in manner and form as the said Titus within against them declared And they do also assesse the damages of the said Titus Westbie by occasion of detaining of the said Debt besides his charges and costs by him about his Sute in this part expended to 20. pounds and for his charges and costs to 53. shillings and 4. pence And if it shall seem to the Court aforesaid That the said Thomas Skinner and John Catcher do not owe to the said Titus Westbie the said 440. pounds in manner and form as the said Thomas Skinner and John Catcher within pleading have alleged c. And because the Court of the Lady the Queen that now is here of their Judgement of and upon the premises to be given are not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Tuesday next after 8. dayes of St. Michael for to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof not yet c. Before which day the Plaint aforesaid was Adjorned by the Writ of the Lady the Queen of Common Adjornment before the Queen at Westminster until the day of St. Michael in a moneth At which day the Plaint aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the Queen until the next of All Souls then next following at the Castle of Hartford in the County of Hartford At which day before the Lady the Queen at the Castle of Hartford came the parties aforesaid by their Attornies aforesaid And because the Court of the Lady here of their giving of their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at the Castle of Hartford aforesaid untill Tuesday next after 8 th of St. Hillary to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. And so from Term to Term until Thursday next after 8. dayes of St. Hillary to hear their Judgement c. cause the Court of the Lady the Queen here c. At which day be-before the Queen at Westminster came the parties aforesaid by their Attornies aforesaid Upon which Seen and by the Court of the Lady the Queen here all and singular the premises looked into and understood and mature deliberation be thereof had because that it seemes to the Court of the Lady the Queen that now is here That the said Tho. Skinner and John Catcher ought to be charged for the said 440. pound It is granted That the said Titus Westbie shall recover against the aforesaid Tho. Skinner John Catcher his debt aforesaid his damages aforesaid by the Jurors aforesaid in form aforesaid assessed as also 10. pound 13. shill and 4. pence for his charges and costs aforesaid to the said Titus by the Court of the said Lady the Queen here with his assent of increase adjudged Which damages in the whole do amount to 33. pounds 6. shillings 8. pence and the said Thomas Skinner and John Catcher in mercy c. Afterwards that is to say Upon Monday the 10 th day of February in the year of the Reign of the said Lady the Queen that now is the 37 th The Transcript of the Record and proceedings between in the parties aforesaid with all things touching the same by a certain Writ of the Lady the Queen of Errors correcting by the said Thomas Skinner and John Catcher in the premises was brought to the Justices of the Lady of the Queen of the Common Pleas and the Barons of the Exchequer of the Lady the Queen In the Chamber of the Exchequer aforesaid according to the form of a Statute in the Parliament of the said Lady the Queen at Westminster the 23 th day of November in the year of her Reign the 27 th holden and made in the same
appurtenances in the declaration aforesaid specified upon the possession of the aforesaid Edward Griffin be and in Law ought to be adjudged a lawfull entry in to the said Messuage or not the Jurors aforesaid are altogether ignorant and pray the advise of the Court here c. and if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the aforesaid Martin Bowes Knight be a lawfull entry then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is guilty of the trespass and ejectment aforesaid as the said Henry within against him complayneth and assess the damages of the said Henry by the occasion of the trespass and ejectment aforesaid besides charges and costs by him about his sute in this behalf to 12 pence and for his charges and costs to 5 shillings and 4 pence and if to the Court of the said Lady the Queen here it shall seem that the aforesaid entry of the aforesaid Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight be not a lawfull entry Then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is not guilty of the Trespass and Ejectment aforesaid as the said Henry Page within hath alleged And because the Barons here will advise of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here untill 8 dayes of Saint Michael next comming to hear their Judgment because the Barons here thereof not yet c. at which day come the paries aforesaid by their Attorneys aforesaid and because the Barons are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid here until from Ester day in 15. dayes next comming to heare their Judgement because the Barons thereof are not yet c. at which day came the said parties by their Attorneys aforesaid And upon this the premises by the Barons here seen and mature deliberation thereof had betwixt themselves because it seemeth to the said Barons that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight is a Lawfull entry Therefore it is granted that the said Henry Page recover against the said Edward Griffin his possession of his term aforesaid then to come of and in the Messuage aforesaid with the appurtenances in the declaration aforesaid above specified and his damages by the occasion of the trespass and ejectment aforesaid to 54 shillings and 4 pence by the Jurors aforesaid in form aforesaid asseised as also further 8 pound and 10 shillings to the said Henry Page at his request for his charges and costs aforesaid by the Court here of encrease adjudged which damages in the whole do amount to 11. pound 4. shillings 4. pence and that the said Edward Griffin be taken c. And hereupon by a writ of the said Lady the Queen here issuing forth at at the request of the aforesaid Henry Page it is commanded to the sheriffs of London that to the aforesaid Henry they his full possession of his term yet to come of and in the Messuage aforesaid with the appurtenances in the declaration above specified without delay to him they give and how the said precept is executed that the said sheriff make it appear to the Barons of the Exchequer of the said Lady the Queen here the morrow of the Holy Trinity next to come and also it is commanded to the said Sheriffs that of the goods and chattels of the said Edward Griffin in their Balywick the said 11. pound 4. shillings and 4 pence for the damages aforesaid in form aforesaid recovered they do execution and that the said money when they have so levyed they have before the Barons here at the aforesaid Term to the said Henry Page or to his Attorny in this behalf then here to be paid c. And that afterwards the said Lady the Queen that now is sâ—nt her writ under her great seal ouâ— of her Chancery to the Treasurors and her Barons of the Exchequer â—ere directed which is enrolled in the remembrance of this Exchequer of the 31th year of the Raign of Queen Elizabeth that now is that is to say amongst the Records of Esther Term remaining with the remembrancer of the said Lady the Queen here The tenor of of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland Queen defender of the faiâ—h c. To the Treasuror and her Barons of the Exchequer greeting because that in the Record and process and also of giving of Judgement of a plea which was in our Court before you the aforesaid Barons in our Exchequer aforesaid by bill between Henry Page our debtor and Edward Griffin of a certain trespass and Ejectment of his Farm to the said Henry by the said Edward done as is said Error manifest hath intervened to the grevious damage of the said Edward as of his complaint we have received And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitors at Westminster in the year of his Reign the 31th holden made amongst other things it was agreed and established That in all cases touching us and other persons where one complaineth of Error done in the Exchequer the Chancellor and Treasurer shall do to come before them in some Chamber neer unto the Exchequor the Record and Process out of the Exchequor and taking to them Justices and other sage persons such as shall seem fit to them to be taken and also calling before them the Barons of the Exchequor aforesaid to hear their informations and causes of their Judgments and hereupon shall dulie examine the business and if any Error shall be found to correct the same and to amend the Rolls and after to send the same into the said Exchequor to make thereof execution as in the statute aforesaid more fully is conteyned we therefore willing Error if any be according to the form of the aforesaid statute to be corrected to the parties aforesaid full speedy Justice in the premises to be done Command you that if Judgement thereupon be given That then the Record process aforesaid with all things touching the same before our Chancellor of England and you the aforesaid Treasurer in the Chamber next unto the Exchequer aforesaid called the Councel Chamber the third day of June next to come you cause to come that the said Chancellor and you the aforesaid Treasurer seeing and examining the Record and process aforesaid and your informations being heard you the said Barons farther in this behalf with the Council of the Justices and other sages do that which of right and according to the form of
with the appurtenances in the declaration aforesaid above specified at the time of the said recovery in the aforesaid Court of Hustings in the Guild Hall of London in form aforesaid had for which cause the entry of the said Thomas Bowes Master of Arts into the Messuage aforesaid with the appurtenances in the said Declaration aforesaid specified was not lawfull Item in this also it is Erred for that the aforesaid recovery was had in the said Court of Hustings before the 8th day of May in the yeare of the Reign of the Lady the Queen that now is the 14th and that the said Thomas Bowes who before was Tenant for Term of life was vouched in the said Court by the aforesaid William Pelham in the said Recovery named to warrant the Messuage aforesaid with the appurtenances amongst other things which Thomas afterwards by Summons by his Attorny appeared in Court and freely the Messuage aforesaid to the said William did warrant and farther vouched to warrant the aforesaid Richard Horsted who present in the same Court the Messuage aforesaid with the appurtenances farther warranted and afterwards made default by which Judgement against the said William Pelham in the said Recovery was given and execution thereof in the form aforesaid was had so as the said Thomas Bowes Master of Arts of the remainder without any demand in the Messuages aforesaid with the appurtenances to have stood utterly excluded and for that cause the aforesaid entry of the aforesaid Thomas Bowes Master of Arts into the said Messuage with the appurtenances after the said Recovery in form aforesaid had and executed was unlawfull 1. Item in this also it is erred because it was found that before any entry of the said Thmas Bowes Master of Arts the Judgement aforesaid was fully and in due manner executed after which Execution so had although the said Thomas Bowes Master of Arts before the Execution aforesaid had had title of Entry Yet the said Thomas by the Law of the Land into the Messuage aforesaid after the Eexcution aforesaid so had could not enter Item in this further it is erred because it is found by the Jurors aforesaid That the said Thomas Bowes the Father c. who was Tenant for Term of his life of the Messuage aforesaid with the Appurtenances is yet living and is in full life And so the aforesaid Entry of the said Thomas Bowes Master of Arts in the Messuage aforesaid with the Appurtenances in form aforesaid during the life of the said Tho. Bowes his Father made ought not to be adjudged lawful And for these causes the Judgement aforesaid for â—he said Henry Page against the said Edward Griffin and all thereupon depending upon the Bill aforesaid against the said Edward in form aforesaid spoken and exibited is not sufficient in Law and he prayeth That the said Judgement aforesaid for the Errors aforesaid and others in the Record and processe aforesaid being be revised annulled and utterly holden for none and that he unto all which by the occasion of the Judgement aforesaid given he lost he be restored And further the said Edward Griffin the Writ of the Queen to warn the said Henry Page that he should be before the said Chancellor and Treasurer in the Court aforesaid at Westminster to hear the Record and processe aforesaid and also the Errors aforesaid and further to do and receive what should be just in the premises c. And it was granted to him retornable upoÌ„ Tuesday the 28 th day of Octo. next following c. At which day before the aforesaid Chancellor and Treasurer in the Court aforesaid at Westminster came the said Henry Page by his Attorny aforesaid And the Sheriffs of London that is to say Richard Gourney and Stephen Soame now sent by Thomas Bickliff and Humphry Walsingham good and lawfull Men of their Baliwick That they did warn the said Henry Page that he should be before the Chancellor and Treasurer aforesaid in the aforesaid Chamber at the day and place aforesaid to do and receive as the said Writ commanded and required And thereupon the said Edward by John Hawkesworth his Attorny came likewise and demanded the hearing of the Record and Processe as also of the Errors aforesaid And they are read unto him c. which being read and heard The said Henry Page said That in the Record and Processe aforesaid made in the giving of the Judgement aforesaid it is in nothing erred and prayed that the Court here proceed as well to the Examination of the Record and the Processe aforesaid as the causes aforesaid for Errors alleged And that the Judgement aforesaid in all things might be affirmed And because the aforesaid Chancellor and Treasurer would advise of and upon the premises before they give their Judgement day is given to the parties aforesaid here that is to say in the Chamber aforesaid until Tuseday the 11 th day of November next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid before the aforesaid Chancellor or Treasurer in the Chamber aforesaid untill Tuseday the 18th day of November then next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid untill Tuesday the 25 th day of November following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid and because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the Premises further day is given to the parties aforesaid here before the aforesaid Chancellor and Treasurer in the Chamber aforesaid untill Tuesday the 27 th day of January next following to hear their Judgement thereof c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster aforesaid come as well the said Henry Page by John Hawkesworth his Attorny aforesaid as the aforesaid Edward Griffin by Rich. Hatton his Attorny aforesaid and thereupon the said Henry sayd That the said Edward his Writ aforesaid for correcting of Errors against the said Henry in this case further to prosecute or maintain ought not because he saith That after the last continuance of the Plea aforesaid that is to say after the aforesaid Tuesday that is to say the 25 th day of November from which day the Plea aforesaid was last continued untill this day that is to say
Agmondesham afterwards that is to say the 17th day of February in the 36th year aforesaid at Chedington aforesaid demised granted and to Farm let the Rectorie aforesaid and the glebe Lands aforesaid with the appurtenances to one Michael Weston To have and to hold unto the said Michael and his assigns from and immediately after the end expiration and determination of the said demise to the said Thomas Tasburgs by the aforesaid John Agmondesham as is said made until the end and Term of 21 years from thence next following fully to be compleated if the said Michael Weston and one Margaret Bromley or any of them should so long live By virtue of which demise the said Michael Weston afterwards and before the time in which c. that is to say the 26 day of March in the year of our Lord 1595 at Chedington aforesaid into the Rectory aforesaid and glebe Lands aforesaid with the appurtenances entred and was thereof possessed and so being thereof possessed the said Michael afterwards and before the time in which c. that is to say the 22 day of May in the year of the Reign of the Queen that now is the 37 at Chedington aforesaid by his Indenture with the seal of the said Michael sealed and to the Jurors aforesaid in evidence shewed Granted and assigned all his Interest Estate Term of years and demand then to come and unexpited of and in the Rectorie aforesaid and gleabe Lands aforesaid with the appurtenances to the said William Wilkinson now defendant By virtue of which grant the said William into the Rectorie aforesaid and the glebe Lands aforesaid with the appurtenances entred and was thereof possessed and the said William so being possessed the said David Roberts Clerk afterwards and before the time in which c. that is to say the 11 day of January in the Reign of the said Lady the Queen that now is the 38th to the Rectory of Chedington aforesaid was lawfully presented admitted instituted and Inducted By virtue of which the said David Roberts into the Rectory aforesaid with the Appurtenances entred was thereof possessed in his Demesn as of Fee in the right of his Church of Chedington aforesaid And so being seized afterwards before the time in which c. that is to say the 26th day of March in the yeer of the Reign of the said Lady the Queen that now is the 38th aforesaid by Indenture in the Declaration aforesaid specified Demised the Rectory aforesaid with the Appurtenances in the Declaration likewise mentioned to the aforesaid David Loyd To have and to hold to the aforesaid David Loyd from the day of the date of the same Indenture unto the end and Term of three yeers then next following and fully to be compleat and ended By virtue of which Demise the said Dav. Loyd afterwards that is to say the 27th day of March in the yeer of the said Lady the Queen that now is the 38th into the Rectory aforesaid with the Appurtenances entred and was thereof possessed untill the said William Wilkinson afterwards that is to say the said 10th day of April in the 38th yeer aforesaid into the Rectory aforesaid with the Appurtenances upon the possession of the said David thereof entred and him the said David from thence his Term aforesaid not yet ended did eject expell andamove as the said David Loyd above against him complaineth And further the Jurors aforesaid say upon their Oath aforesaid That as well the said David Roberts as the said Michael Weston are yet alive and in full life that is to say at Chedington aforesaid But whether upon the whole matter aforesaid in form aforesaid found the re-entry of the said VVilliam VVilkinson into the Rectory aforesaid with the Appurtenances in the Declaration aforesaid above specified upon the possion of the said David Loyd thereof in manner aforesaid made be or in Law ought to be adjudged a good and lawfull re-entry in Law or not the Jurors aforesaid are utterly ignorant Whereupon they pray thereof the advice and discretion of the Court of the said Lady the Queen that now is before the said Lady the Queen her self being And if upon the whole matter aforesaid in form aforesaid found It shall seem to the said Court of the said Lady the Queen That the aforesaid re-entry of the aforesaid VVil. VVilkinson into the said Rectory aforesaid with the appurtenances in which c. upon the possession of the said David Loyd be not a good lawful re-entry in Law then the Jurors aforesaid say upon their oath aforesaid That the aforesaid VVilliam VVilkinson the said David Loyd from his Farm aforesaid of the Rectory aforesaid with the appurtenances in which c. unjustly did eject And that the Ejectment aforesaid the Trespass in the Declaration aforesaid specified as unto the Rectory aforesaid with the appurtenances the said VVil. VVilkinson is guilty in manner and form as the said David Loyd above declaring hath alleged And then they assesse the damages of the said David by the occasiō of the Ejectment and Trespass in the Rectory aforesaid with the appurtenances besides his charges and costs by him in the Sute aforesaid in this behalf expended to 3. shillings and 4. pence and for his costs and charges to 12. pence And if upon the whole matter aforesaid It shall seem to the said Court of the said Lady the Queen here that the said entry of the said VVilliam VVilkinson into the Rectory aforesaid with the appurtenances upon the possession of the said David thereof in the from aforesaid made be a good and lawful re-entry in Law Then the aforesaid Jurors say upon their Oath aforesaid That the said VVilliam VVilkinson is not guilty of the Trespasse and Ejectment of the Farm aforesaid as to the Rectory aforesaid with the appurtenances as the aforesaid VVilliam VVilkinson above in pleading hath alleged And because the Court of the said Lady the Queen that now is here of their Judgement of and upon the premises to be given are not yet avised day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Fryday next after the morrow of the Holy Trinity to hear their Judgement thereof c. because the Court of the said Lady the Queen here are not yet c. At which day before the said Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of their Judgement of and upon the premises to be given is not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at Westminster untill Monday next after 8. dayes of St. Michael to hear their Judgemen thereof c. because the Court of the said Lady the Queen here thereof yet c. At which day before the said Lady the Queen at VVestminst come the parties aforesaid by their Attornies aforesaid And because the Court o◠the said Lady
the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Monday next after 8. dayes of St. Hillary to hear their Judgement because the Court of the said Lady the Queen that now is here thereof are not yet c. At which day before the said Lady the Queen at VVestminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill VVednesday next after 15. dayes of Easter to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not as yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen that now is of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at VVestminster untill Fryday next after the morrow of the Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen that now is thereof not yet c. At which day before the said Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because this Court of the said Lady the Queen that now is here of giving their Judgement of and upon the premises are not yet avised Further day is given to the parties aforesaid before the said Lady the Queen at Westminster untill Monday next after 8. dayes of St. Michael to hear their Judgement because the Court of the said Lady the Queen here thereof not yet c. At which day before the said Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid Upon which seen and by the Court of the said Lady the Queen that now is here diligently looked into and fully understood all and singular the premises and mature deliberation being thereupon had Because it seemeth to the Court of the said Lady the Queen now is here That the aforesaid re-entry of the aforesaid VVilliam VVilkinson into the said Rectory with the Appurtenances in which c. upon the possession of the said David Loyd is not good and a lawful re-entry in Law It is granted that the said David Loyd shall recover against the said VVilliam VVilkinson his Term aforesaid of and in the Rectory aforesaid with the appurtenances yet to come And his damages by the Jurors in form aforesaid assessed And that the said VVilliam VVilkinson be taken c. And likewise the said David in mercy to the residue of the Trespass and Ejectment aforesaid whereof the said VVilliam VVikinson in form aforesaid stands acquitted And the said VVilliam VVilkinson thereof be acquitted c. Michelmas Term 41. 43. Elizabeth Rott 144. in the KINGS BENCH Bingams Case C. 2. part fol. 82. MEmorandum That at another time that is to say Easter Term last Dors ss past before the Lady the Queen at VVestminster came George Stroud Esquire by Simon Spatchard his Attorny And brought here in Court of the said Lady the Queen his Bill against Ralph Horsey Knight Richard Veal and Edward Goor Gent. in the Custody of the Marshall c. of a Plea of Trespasse and Ejectment of him out his Farm And are Pledges of Sute that is to say John Doo and Richard Roo Which Bill followeth in these words ss Dorset George Stroud Esquire complaineth of Ralph Horsey Kt. Rich. Veal and Edw. Goor For that That is to say That whereas one VVilliam Albert the 7th day of April in the year of the Reign of the Lady the Queen that now is 41. at Melcum in the County aforesaid had demised granted and to Farm letten to the aforesaid George one messuage 120. acres of Lands 40 Acres of Meadow 200. Acres of Pasture and 100. Acres of Furze and Heath with the Appurtenances in Melcum aforesaid in the County aforesaid To have and to hold the Tenements aforesaid with the Appurtenances unto the said George and his Assigns from the Feast of the ANNVNCIATION of the blessed Lady the Virgin MARY then last past untill the end and Term of 6. years and a half of a year from thence next insuing fully to be compleat and ended By virtue of which demise the said George into the Tenements aforesaid with the appurtenances entred and was thereof possessed until the aforesaid Ralph Horsey Richard Veal and Edward Goor after that is to say the 11th day of April in the 41 year aforesaid with force and arms c into the Tenements aforesaid with the appurtenances upon the possession of the said George thereof did enter and the said George from his Farm aforesaid thereof his term aforesaid not being ended did eject expel and amove and the said George from his possessiion thereof did hold out and do yet hold out and other harms did unto him against the peace of the said Lady the Queen to his damage of 100 pound and thereof he bringeth sute c. And now at this day that is to say Tuseday next after 8 dayes of Saint Michael this Term untill which day the aforesaid Ralph Horsey Richard Veal and Edward Goor had Licence to imparl to the said Bill and then to Answer c. before the Lady the Queen at Westminster come aswell the said George Stroud by his Attorney aforesaid as the aforesaid Ralph Horsey Richard Veal and Edward Goor by James Hyde their Attorny and the said Ralph Richard and Edward defend the force and injury when c. and say that they are not thereof guilty and upon that put themselves upon the County and the aforesaid George Stroud likewise c. Therefore a Jury thereof before the said Lady the Queen at Westminster upon wednesday next after 8 days of Saint Hillary and who neither c. to know c. Because aswell c. The same day is given to the parties here c. ss Afterwards process continued between the parties aforesaid of the plea aforesaid by Juries put between the parties aforesaid in respit before the said Lady the Queen at Westminster until wednesday next after 18 dayes of Easter unless first the Justices of the Lady the Queen to take assises in the County first upon Monday the 3 weak of Lent at Dorchester in the County aforesaid by the form of the statute c. come for default of Jurors c. At which Wednesday before the Lady the Queen at Westminster came the parties aforesaid by their Attornies aforesaid And the aforesaid Justices of Assise before whom c. sent thither their Record before them had in these words ss Afterwards the day and place
c. seised and so thereof being seised after and before the within written time in which c. that is to say the 7 th day of April in the Reign of said Lady the Queen that now is the 41 th aforesaid the aforesaid Iohn Stroud and Ann his wife and the said Richard Bingham upon the Tenements within written By their writing sealed with their seals bearing date the second day of April in the year of the Reign of the said Lady the Queen that now is the 41 th aforesaid to the Jurors aforesaid in evidence shewed at Melcum aforesaid demised the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. to the within named William Albert To have and to hold to him and his assignes from the Feast of the Anunciation of the blessed Mary the Virgin then last past before the date of the said writing for the Term of 7 years from thence next and immediately insuing fully to be complete and ended yielding therefore yearly during the term aforesaid 140 pound per. An. at the Feast of Saint Michael the Archangel and the Annunciation of the blessed Mary the Virgin by equal portions to be paid By virtue of which demise the aforesaid William Albert the aforesaid 7 th day of April in the year 41 aforesaid into the aforesaid Mannor of Nether Melcum otherwise Melcum Binghams with the appurtenances whereof c. entred and was thereof possessed as the Law requireth and so being thereof possessed after and before the within written time in which c. that is to say the aforesaid 7 th day of April in the year 41 aforesaid the said William Albert upon the Tenements within written entred and demised the Tenements within written with the appurtenances in which c. to the aforesaid George Stroud as in the declaration within written above is specified By virtue of which the aforesaid George Stroud the aforesaid 7 th day of April in the 41 th year aforesaid into the Tenements within written in the Declaration within written mentioned in which c. entred and was thereof possessed as the Law requireth until the said Ralph Horsey Richard Veal and Edward Goor the within written 11 day of April in the 41 year aforesaid upon the possession of the said George Stroud his term aforesaid not yet ended did eject expel and amove But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found the entrie of the said George into the Tenements within written with the appurtenances be lawful or not the said Jurors altogether do not know and pray thereof the advice of the Court here c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here c. That the Entry of the said George Stroud into the Tenements within written with the appurtenances be lawful Then the aforesaid Jurors say upon their Oath aforesaid That the said Ralph Horsey Richard Veal and Edward Goor are guilty of the Trespasse and Ejectment within written as the aforesaid George Stroud within against them complaineth And then they assesse the damages of the said George by occasion of the Trespasse and Ejectment within written above his charges and costs by him about his Sute in this behalf expended to 2. shillings and for his costs and charges to 20. shillings And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here c. That the Entry of the said George Stroud into the Tenements within written with the appurtenances be not lawful Then the aforesaid Jurors say upon their Oath aforesaid That the said Ralph Horsey Richard Veal and Edward Goor are not guilty of the Trespasse and Ejectment within written as the said Ralph Horsey Richard Veal and Edward Goor thereof within alleged And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises are not yet avised Day thereof is given to the parties aforesaid before the Lady the Q. at Westminster Untill Fryday next after the morrow of Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving her Judgement of and upon the premises are not avised Day thereof is given to the parties aforesaid before the Lady the Queen at Westminster Untill Thursday next after 8. dayes of St. Michael to hear their Judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid and because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after 8. dayes of St. Hillary to here their Jugement thereof because the Court of the said Lady the Queen thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Q. here of their Judgement to be given of upon the premises is not yet avised Day thereof is given to the parties aforesaid untill Wednesday next after the 18 th day of Easter to hear their judgement thereof because the Court of the said Lady the Queen here thereof not yet c. At which day before the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement thereof is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster untill Friday next after the morrow of Holy Trinity to hear their Judgement thereof because the Court of the said Lady the Queen here thereof are not yet c. At which day come the parties aforesaid before the Lady the Queen at Westminster by their Attornies aforesaid Upon which seen And by the Court of the said Lady the Queen here all and singular the premises fully understood and mature deliberation being thereof had It is granted That the said George Stroud shall recover against the said Ralph Horsey Richard Veal and Edward Goor his Term aforesaid of and in the Tenements aforesaid in the Declaration aforesaid specified yet to come and his damages aforesaid by the Jurors aforesaid in form aforesaid assessed As also 12. pound for his charges and costs aforesaid to the said George Sroud by the Court of the said Lay the Queen here with his assent of encrease adjudged which damages in the whole do amount to 13. pound and two shillings And the said Ralph Horsey Richard Veal
the Queen that the re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the said Richard Hynde be or in Law ought to be adjudged a good and Lawfull re-entry then the Jurors aforesaid say upon their Oath that the said William Ambry is not guilty of the Trespass and Ejectment of the farm aforesaid as he before for himself hath alleged And because the Court of the Lady the Queen here of giving their Judgement further of and upon the premises is not yet avised day thereof is given to the parties aforesaid in the state that now it is before the Lady the Queen at Westminster untill thursday next after 8 dayes of Saint Hillary to heare their Judgement thereof because the Court of the Lady the Queen here thereof not yet have avised c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day thereof is given to the parties aforesaid in the state it now is before the Lady the Queen at Westminster until wednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. And so from Term to Term until the plaint aforesaid was farther adjroned by another writ of the said Lady the Queen of Common adjournment before the Queen until the morrow of All Souls at the Castle of Hartford in the County of Hartford at which day before the Lady the Queen at the Castle of Hartford came the parties aforesaid by their Attorneys aforesaid and because the Court of the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is farther given to the parties aforesaid in state as it is now before the Lady the Queen at the Castle of Hartford until Tuesday next after 3 dayes of Saint Hillary to hear their Judgement c. because c. Before which day the plaint aforesaid was adjorned by a writ of the Lady the Queen of common adjornement before the said Lady the Queen untill 8 dayes of Saint Hillary at Westminster at which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneys aforesaid and because the Court of the Lady the Queen here of giving their Judgment of and upon the premises is not yet avised Day is further given to the parties aforesaid in state as now before the Lady the Queen at VVestminster untill VVednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attorneys aforesaid Upon which seen by the Court of the Lady the Queen here and the premises diligently looked into and thereof mature deliberation being thereof had Because it seemeth to the Court of the said Lady the Queen here that the entrie of the aforesaid VVilliliam Ambry above specified into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the aforesaid Richard Hynde was a good and lawfull re-entry therefore It is granted that the aforesaid Richard Hynde take nothing by his Bill aforesaid but that he for his false clamour be taken c. and the aforesaid VVilliam Ambry be thereof without damage c. Ejectione Firme Hillary Terme 36. Eliz. Rott 440. in the Kings Bench. Sir George Browns Case C. 3. part fo 45. WIlliam Spencer late of Swindon in the County aforesaid Yeoman and Thomas Spencer late of Swindon in the County aforesaid Yeoman were attached to answer to James Linche of a plea wherefore with force and armes one Messuage one Barn 80 Acres of Land 80 Acres of Meadow and 80 Acres of Pasture with the appurtenances in Swindon which George Brown Knight to the aforesaid James demised for a Term which is not yet ended they entred and him from his Farm aforesaid did eject and other harms did unto him to the grievous damage of the said James and against the peace of the Lady the Queen that now is c. and whereupon the said James by Thomas Cooper his Attourny Complaineth That whereas the aforesaid George Brown the 22 th day of October in the year of the Reign of the Queen that now is the 35 th at Swindon aforesaid had demised to the said James the Tenements aforesaid with the appurtenances to have and to hold the same Tenements with the appurtenances to the said James and his assigns from the Feast of Saint Michael the Archangel then last past until the end and Term of 4 years from thence next ensuing and fully to be compleated By virtue of which demise the said James into the Tenements aforesaid with the appurtenances entred and was thereof possessed and so thereof being possessed the aforesaid William and Thomas afterwards that is to say the 22 th day of October aforesaid in the 35 th year aforesaid with force and armes c. the Tenements aforesaid with the appurtenances which the said George Brown to the said James in form aforesaid demised for the term aforesaid which is not yet ended entred and him the said James from his Farm aforesaid held out and other harms c. To the grievous damage c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound and thereof bringeth sute c. And the aforesaid William and Thomas by John Paxton their Attorney come and defend the force and injury when c. And say that they in nothing are guilty of the Trespass and Ejectment aforesaid as the aforesaid James above against them complaineth and of this put themselves upon the Country and the aforesaid James likewise c. Therefore it is commanded to the Sheriff that he have here in 8 dayes of the Purification of the blessed Lady 12 good and Lawfull men c. by whom the truth c. and who neither c. Because aswell c. afterward the process between the parties aforesaid was continued of the plea aforesaid by Jurors put between them put in respite here until this day that is to say in 8 dayes of Saint Michael in the year of the Reign of the Lady the Queen that now is the 37 th Unless the Justices of the Lady the Queen for Assises in the County aforesaid to be taken assigned by the form of the statute upon Thursday the 17 day of July last past at New Sarad in the County aforesaid first came And now here at this day come as well the aforesaid James Linche as the aforesaid William Spencer and Thomas Spencer by their Attorneys aforesaid and the aforesaid Justices of Assise before whom c. sent here their Record in these words Afterwards the day and place within contained before Thomas Walmesley one
is the 35 th at Lugershall aforesaid dyed After whose death the said George Brown into the Tenements within written with the appurtenances in which c. upon the possession of the said Edmond Bridges William and Anthony Bridges Sons of the said Edmond thereof entred and was thereof seised as the Law requireth and so being thereof seised afterwards and before the aforesaid time in which c. that is to say the within written 22 th day of October in the 35 year aforesaid Demised to the said James the said whole Tenements within written with the appurenances in which c. To have and to hold to the said James and his assignes from the within written Feast of Saint Michael the Archangel until the end and Term within mentioned of 4 years from thence next ensuing and fully to be compleated by virtue of which demise the said James into the said Tenements within written with the appurtenances entred and was thereof possessed as the Law requireth upon whose possession of the said James the aforesaid Thomas Spencer as servant of the said Edmond Bridges and by his Commandment within written the time in which c. into the said Messuage and 26 Acres of Land entred and the said James from his Farm aforesaid thereof did eject But whether upon the whole matter aforesaid by the aforesaid Jurors in form aforesaid found the entry of the said Thomas Spencer into the aforesaid Messuage and 26 Acres of Land with the appurtenances upon the possession of the said James thereof be a good and Lawfull Entry in Law or not the said Jurors are altogether Ignorant and Pray thereof the advise and discretion of the Justices here c. And if upon the whole aforesaid matter It shall seem to the Justices and Court here that the aforsaid Entry of the aforesaid Thomas Spencer upon the possession of the said Iames Linche be not a good and Lawfull entry in Law then the said Jurors say upon their Oath that the said Thomas Spencer is guilty of the Trespass and Ejectment aforesaid in the aforesaid Messuage and 26 Acres of Land as the aforesaid Iames against him within complaineth and then they assess the damages of the said Iames by the occasion of the said Trespass and Ejectment above his charges and costs by him about his sute in his behalf expended to 4 pence and for his charges and costs to 12 pence and if upon the whole matter aforesaid It shall seem to the Justices and Court here that the aforesaid entrie of the said Thomas Spencer upon the possession of the said Iames be a good and Lawfull entrie in Law then the said Jurors say upon their Oath that the said Thomas Spencer is not guilty of the Trespass and Ejectment aforesaid in the said Messuage within alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgment thereof day is given to the parties aforesaid here until in 8 dayes of Saint Hillary to hear their Judgement thereof because that the said Justices here thereof are not yet c. at which day come as well the aforesaid Iames as the aforesaid William and Thomas by their Attornies aforesaid and because the Justices here will further advise themselves of and upon the premises before they give their Judgement thereof day farther is given to the parties aforesaid here until from Easter in 15 dayes for to hear their Judgement therof because the said Justices here are not thereof yet c. At which day here come aswell the said Iames by George Dancombe his Attorny as the said William and Thomas by their Attorny aforesaid and because the Justices here will farther avise of and upon the premises before they give their Judgement thereof further day is given to the parties aforesaid here until the morrow of Holy Trinity to hear their Judgment thereof because the said Justices here thereof not yet c. At which day here come aswel the aforesaid Iames by the aforesaid George Dancombe his Attorny as the said Willam and Thomas by their Attorny aforesaid and because the Justices here will avise of and upon the premises before they give their Judgement thereof further day is given to the parties here until in 8 dayes of St. Michael to hear their Judgment thereof because the said Justices here thereof are not yet At which day here come aswell the said Iames Linch by the aforesaid George Dancombe his Attorny as the aforesaid William Spencer and Thomas Spencer by their Attorny And upon this the verdict aforesaid being seen and by the Justices here fully understood it seemeth to the Justices here that the aforesaid entry of the aforesaid Thomas Spencer into the aforesaid Messuage and 26 Acres of Land upon the possession of the said Iames Linch is not a good and Lawfull entry in Law Therefore It is granted that the aforesaid Iohn Linch recover against the aforesaid Thomas Spencer his Term aforesaid yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and his damages aforesaid to 16 pence by the Jurors aforesaid in form aforesaid assessed As also 26 pound 9 shillings to the said Iames at his request for his charges and costs aforesaid by the Court here of increase adjudged which damages in the whole do amount to 26 pound 10 shillings and 4 pence and the aforesaid Thomas be taken c. And also the said Iames in mercy for his false clamor against the aforesaid William Spencer of the whole Trespass and Ejectment aforesaid and against the aforesaid Thomas Spencer of the residue of the Trespass and Ejectment aforesaid thereof the said William and Thomas and the Jurors aforesaid above be acquitted therefore the said William and Thomas go thereof without day c. and hereupon the said Iames prayeth the writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him possession of his Term yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and it is granted unto him retorneable here from the day of Saint Martin in 15 dayes c. Afterwards that is to say the 26 th day of November in the year of the Reign of the said Lady the Queen that now is the 40 th come here into Court the aforesaid Iames by the aforesaid George his Attorny and by a special warrant to him in that behalf made confessed himself to be satisfied of the damages aforesaid therefore the aforesaid Thomas of the said damages be acquitted c. Ejectione Firme Hillary Term 40. Elizabeth Rott 748. in the KINGS BENCH Adams and Lamberts Case C. 4. part fo 96. Buck MEmorandum That at another time That is to say in Michaelmass Term last past before the Lady the Queen at Westminster came Theophilus Adams Gentleman by Iohn Povey his Attorny and brought here in the Court of the said Lady the Queen then there his bill
year of our Lord 1595 above said in the University aforesaid at Cambridge aforesaid in the County of Cambridge was duly and lawfully ordained and made a Graduate of â—â—e University aforesaid that is to say Doctor in Physick according to the Lawes Statutes Constitutions and ordinances of the said University of Cambridge aforesaid and that he the said Thomas Bonham then and there had accomplished all things concerning his Degree aforesaid by his form without grace from time to time according to the Lawes Statutes Constitutions and Ordinances of the said University of Cambridge aforesaid By colour whereof the same Thomas Bonham a Graduate of the University of Cambridge aforesaid that is to say being Doctor in Physick in the form aforesaid who had accomplished all things concerning his Degree aforesaid for his form without any grace The said faculty of Physick from time to time in the said City of London that is to say in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid did exercise as it was lawful for him to do until the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden together with c. the aforesaid 10th day of November in the 4th yeer abovesaid with force and Arms him the said Thomas Bonham at London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and him there in Prison long that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England did detain as the aforesaid Thomas Bonham above against them complaineth and this he is ready to averr Whereupon in as much as the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden the Trespasse and Imprisonment aforesaid above have acknowledged The said Thomas Bonham demandeth Judgement and his damages by reason of the Trespasse and Imprisonment aforesaid to be adjudged unto him c. And the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden say That the aforesaid Plea of the aforesaid Thomas Bonham above by Replication pleaded is not sufficient in Law to the Action of the aforesaid Thomas Bonham against them the said Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden to maintain and that they to that Plea in manner and form aforesaid by Replication pleaded need not nor by the Law of the Land are bound to answer and this they are ready to averr whereupon they demand Judgement and that the said Thomas Bonham from having his Action aforesaid against them to be barred And the aforesaid Thomas Bonham for as much as he sufficient matter in Law to maintain his Action aforesaid against the said Henry Atkins George Thomas Moundford John Argent John Taylor and William Bowden above hath alleged which he is ready to aver which matter the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden do not deny nor to the same any wayes answer but the same averment altogether to admit do refuse as at first he demands Judgement and his damages by occasion of the Trespasse and Imprisonment aforesaid to be adjudged to him c. And because the Justices here will avise themselves of and upon the premises aforesaid whereof the parties have put themselves to the Judgement of the Court aforesaid before that they give their Judgement thereof Day is given to the parties here until in 8. dayes of St. Hillary to hear their Judgement thereof because the Justices here are not yet c. Formedon Michaelmass Term Anno 37. 38. Eliz. Rot. 82. in the COMMON PLEAS Lincoln College Case C. 3. part fol. 53. a. Robert Chamberlain Esq by Apollo Plain his Attorny demandeth against the Warden or Rector and Scholars of the Blessed Lady Mary and All Saints of Lincoln in the University of Oxford the Mannors of Pettesho and Eckney with the appurtenances Except 120. Acres of Pasture in Pettesho aforesaid and 30. Acres of Pasture in Eckney aforesaid which Alured Cornburgh Esq Richard Danvers Esq Nicholas Statham and William Callow gave to Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain begotten And which after the death of the aforesaid Richard and Sibil and of Edward Son and Heir of the said Edward Chamberlain and of Leonard Son and Heir of the said Edward and of Francis Son and Heir of the said Leonard to the aforesaid Robert Son and Heir of the aforesaid Francis ought to descend by the form of the gift aforesaid c. Whereupon he saith That the aforesaid Alured Connâ—burgh Richard Danâ—â—rs Nicholas and William gave the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and to the Heirs Males of the Body of the said Richard Chamberlain begotten in form aforesaid c. By which gift the said Richard and Sibil were seised of the said Mannors with the appurtenances that is to say the said Richard in his Demesn as of Fee and Right and the said Sibil in her Demesn as of Free hold by the form c. in the time of peace in the time of the Lord Ed. late King of England the 4th after the Conquest taking thereof the profits to the yeerly value c. And from him the said Richard the Right descended by the form to one Edward as Son and Heir c. And from him the said Edward the Right descended by the form c. to one Leonard as Son and Heir c. And from him the said Leonard the Right descended by the form c. to one Francis as Son and Heir c. And from the said Fran. Son of the said Leonard the Right descended by the form c. to this Robert who now demandeth as Son and Heir c. And which after the death c. And thereof bringeth Sute c. And the aforesaid Warden or Rector and Scholars by William Pain their Attorny come and defend their Right when c. And say That the aforesaid Robert Chamberlain his Action aforesaid against them ought not to have By protestation taking it That the aforesaid Alured Cornburgh Richard Danvers Nicholas Stathum and William Collow did not give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil Fowler in manner and form as in the Declaration aforesaid is alleged For Plea say That long after the time in which the gift aforesaid is supposed to be made Richard Lyster Gent. Martin Linsey John Cotesford John Clayton William Hogeson and Robert Taylor Clerks were seised of the Mannors aforesaid with th appurtenances in their Demesn as of Fee and so being thereof seised The aforesaid Sibil Great-Grandmother of the said Robert Chamberlain whose Heir the same Robert is The 5th day of May in the yeer of the Reign of the Lord Henry late King of England
the aforesaid Nicholas Evan and Thomas Hartop did not infeoff the foresaid Richard Lyster Martin John Cottesford John Clayton William Hogeson and Robert Taylor of the Mannors aforesaid with the Appurtenances By Protestation also That the aforesaid Sibil for the better security of the aforesaid Richard Lyster Martin John Cottesford Iohn Clayton William Hogeson and Robert Taylor in the Mannors aforesaid with the Appurtenances according to Agreement between them the said Edward Sibil first before the aforesaid Recovery above supposed to be had by her Writing of Release aforesaid did not remise and release to the aforesaid Richard Lyster Martin Iohn Cottesford Iohn Clayton William Hogeson and Robert Taylor as the aforesaid Warden or Rector and Scholars above in their Rejoynder have alleged By Protestation also That the aforesaid Edward Chamberlain at the day of the bringing of the Original Writ of the said Nicholas Evan and Thomas Hartop out of the Court of the Chancery of the aforesaid late King Henry the 8th that is to say the second day of Iune in the yeer of the Reign of the same late King the 4th or ever after was Tenant of the Freehold of the Mannors aforesaid with the Appurtenances For Plea The said Robert Chamberlain saith That the aforesaid Pâ—eâ— of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is not sufficient in Law to bar him the said Robert from having his Action aforesaid against the aforesaid Warden or Rector and Scholars aswel for that that the Rejoynder is a Departure from the aforesaid Barr of them the Warden or Rector and Scholars as for want of sufficient matter in the said Rejoynder contained And this he is ready to aver wherefore for want of a sufficient Rejoynder of the said Warden or Rector Scholars in this part The said Robert Chamberlain as at first demandeth Judgement seisin of the Mannors aforesaid with the Appurtenances to him to be adjudged c. And the Warden or Rector Scholars in as much as they sufficient matter in Law to bar the aforesaid Robert from having his Action aforesaid against them the Warden or Rector and Scholars above by rejoyning have alleged which they are ready to aver which matter the aforesaid Robert doth not deny nor to the same any wayes Answereth so to admit of the same averment altogether refused as at first demand Judgement And that the aforesaid Robert Chamberlain to have his Action aforesaid be barred And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Judgement because that the said Justices here therof not yet c. At which Day come aswell the aforesaid Robert as the aforesaid Warden or Rector Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of upoÌ„ the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until from the day of Easter in 15. Dayes to hear their Judgment therof because the said Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further Day is given to the parties aforesaid here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the said Justices here are thereof not yet At which Day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid and because the Justices here will further avise themselves of upon the Premiseâ— before they give their Judgement thereof further day is given to parties aforesaid here until in 8. dayes of St. Michael to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And upon this the premises being seen and by the Justices here fully understood It seemeth to the same Justices here That the Plea of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is sufficient in Law to barr the said Robert to have his Action aforesaid against the aforesaid Warden or Rector and Scholars Therefore it is granted That the aforesaid Robert take nothing by his Writ aforesaid that he be in Mercy for his false Clamour And that the aforesaid Warden or Rector and Scholars go thereof without Day c. Indictment At the Sessions of Gaol Delivery at Newgate 5 to Decembris in the 8 th Year of King JAMES Machalleys Case Co. 9. part fol. 61. b. AT the Sessions of Gaol Delivery of Newgate holden for the City of London at the Justice Hall in the Old Baily in the Parish of St. Sepulchre without Newgate in the Suburbs of the said City upon Wednesday the 5th day of December in the yeer of the Reign of the Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 8th and of Scotland the 44th Before William Craven Knight Mayor of the City aforesaid Thomas Flemming Knight Chief Justice of the said Lord the King to Pleas before the King himself to be holden assigned George Snigg Knight one of the Barons of the Exchequer of the said Lord the King John Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Thomas Foster Knight one of the Justices of the said Lord the King of the Bench Edward Bromley Knight one of the Barons of the said Lord the King of his Exchequer aforesaid John Sotherton another Baron of his Exchequer aforesaid Henry Mountague Knight Recorder of his said City of London and other of his Companions Justices of the said Loâ—d the King by Letters Patents of the said Lord the King to them and others and to any 4. or more of them thereof made To enquire by the Oaths of good and lawful men of the City London aswel within liberties as without by whom the truth of the matter might best be known of what Treasons soever Misprisions of Treasons Insurrections Rebellions And of whatsoever Murthers Felonies Man slaughters Killings Burglaâ—ies Misdeeds Offences and Injuries whatsoever within the City aforesaid committed in the said Letters Patents specified and to the said Treasons and other the premises according to the Law and Custom of the Kingdom of the Lord the King of England to hear and determine As also Justices of the said Lord the King to Gaol delivery of Prisoners there being assigned by the Oaths of Ralph Edmunds Leonard Harwood John Frost Edward Dames John Lyssant Francis Barton Edward Parnell Thomas Hyet Henry Kent Edward Motley
by whom c. and who neither c. And the same day is given here to the same Richard Bushopp here c. At which day cometh the said Richard Bushopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It was commanded to the Sherifs of the aforesaid County of Worcester that he do not omit c. And that he cause to be here from the day of Easter in 15. dayes 12 c. To Recognize in form aforesaid c. And the same day is given thereof here to the aforesaid Richard Bishopp And because the Barons here will further avise with themselves of and upon the Premises whereof the aforesaid Richard Bishopp above puts himself in Judgement of the Court day thereof is further given to the aforesaid Richard Bushopp here until from Easter-day in 15. dayes to hear thereof their Judgement because the said Barons thereof are not yet c. At which day cometh the said Richard Bishopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It is Commanded to the Sherif of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8. dayes of Holy Trinity 12 c. to know in form aforesaid and the same day is given thereof here tothe aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the said Richard Bushop above put himself in the Judgement of the Court farther day is given to the aforesaid Richard Bushop here to hear their Judgement thereof because the same Barons thereof are not yet c. At which day here cometh the aforesaid Richard Bushop by his Attorny aforesaid and as to the aforesaid writ of Venire facias the Sherif did nothing thereof nor sent that writ therefore as to the tryal of the Issue aforesaid as before it was commanded to the Sheriff of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8 dayes of Saint Michael 12 c. to recognize in form aforesaid c. And the same day thereof is given here to the aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the aforesaid Richard Bushopp above put himself in the Judgement of the Courâ— farther day is given to the aforesaid Richard Bushop until the aforesaid 8 dayes â—f Saint Michael to hear thereof their Judgement because the same Barons thereof are not yet c. At which day cometh the said Richard Bushop by his Attorny aforesaid and as to that writ of Venire facias the Sheriff did nothing nor sent that writ Therefore to try the issue aforesaid as at first it was commanded to the aforesaid Sheriff of the County of VVorcester that he do not omit c. and that he cause to come here from the day of Saint Hillary in 14 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp and because the said Richard Bushop above put himself on the Judgemtut of the Court farther day is given to the aforesaid Richard Bushopp here until from the said day of Saint Hillary in 15 dayes to hear their judgement thereof because the Barons here thereof are not as yet c. At which day cometh the said Richard Bushopp by his Attorny aforesaid and the Barons here the premises being seen whereof the aforesaid Richard Bushopp put himself upon in the Judgement of the Court and mature deliberation thereof amongst them being had Because it seemeth to the Barons that the plea aforesaid of the said Richard Bushopp thereof by him in manner and form above pleaded is sufficient in Law to discharge the said Richard Bushop of the Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the said Information specified the aforesaid 21th day of February in the year of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February until the aforesaid day of exhibiting of the said Information that is to say the 27th day of June in the yeer of the Reign of the said Lady the Queen the 37th and of the taking of the Issues and Profits thereof for that time arising It is granted by the Barons that the aforesaid Richard Bushopp as to the aforesaid Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the Information specified the aforesaid 21th day of February in the yeer of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February untill the aforesaid day of the exhibiting of the said Information that is to say the 20th day of June in the yeer of the Reign of the said Lady Queen the 37th and as to the taking of the Issues and Profits thereof for that time arising go thereof at present without day saving alwayes the right of the Queen if at another time c. And as to the tryal of the Issue aforesaid above joyned by the Country to be tryed it is commanded to the Sheriff of the aforesaid County of Worcester as at first that he do not omit c. And that he cause to come here from the day of Easter in 15 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp At which day the said Richard Bushopp come hereas at first the afores Attorny General of the said Lady the Queen that now is who for the said Lady the Queen prosecutes present here in Court at the same day in his proper person and by the Barons being spoken to and asked If he against the said Richard Bushopp for the tryal of the aforesaid Issue above by the Country would farther prosecute said that No upon which the premises being seen by the Barons here and mature deliberation being had amongst them thereof it is granted by the said Barons that the aforesaid Richard Bushopp as to the tryal of the said Issue go without day at present saving alwaies to the Queen her Action If at another time c. And afterwards that is to say the 11th day of April in the yeer of the said Lady Queen that now is the 39th the said Lady the Queen sent here her writ under the great Seal of England to the Tresurer and Barons of this Court of Exchequer directed the Tenor of which followeth in these words ss Elizabeth by the grace of God of England Scotland France and Ireland Queen defender of the Faith c. To the Tresurer and Barons
unto him Which being read and heard The said Richard saith That in the Record and Processe aforesaid and in the giving of the Judgement aforesaid it is in nothing erred and prayeth That the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer do proceed aswell to the Examination of the Record and Processe as to the aforesaid matters for Errors alleged according to the form of the Statute aforesaid And the aforesaid Attorny of the said Lady the Queen saith as above and prayeth likewise c. And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurey will avise themselves of and upon the premises before they give their Judgement thereof day is given here to the abovesaid Richard Bushop in the Chamber aforesaid until the next day after Tuesday falling the 3d. day of May to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer into the Chamber aforesaid the said Richard Bushop comes by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the abovesaid Richard Bushop in the Chamber aforesaid until the first Tuesday following the Term of the Holy Trinity to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the abovesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the Term of Michael next comming to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Treasurer in the Chamber aforesaid did not come But John Popham Knight and Edward Anderson Knight Chief Justices of each Bench come at the same day and then are there present according to the form of the Statute in such case made And the aforesaid Richard Bushop in the Chamber aforesaid comes by his Attorny aforesaid before the said Justices And the aforesaid Business and Sute of Errors by the said Justices is adjorned and continued by virtue of the said Statute until Tuesday next And the same day is given to the aforesaid Richard Bushop to hear their Judgement thereon c. At which day before the aforesaid Lord Keeper of the Great Seal and Lord Treasurer in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the aforesaid Richard Bushopp in the Chamber aforesaid until Tuesday falling the 8th of November following to hear their Judgement thereof c. At which day before the aforesaid Lord Treasurer and the aforesaid Chief Justices present in the Chamber aforesaid comes the aforesaid Richard Bushopp by his Attorny aforesaid and because for the absence for the aforesaid Lord Keeper of the Great Seal in the aforesaid Businesse and Sute of Error it cannot be proceeded the same cause is continued and adjorned by them the Lord Treasurer and Chief Justices by virtue of the Act aforesaid made until Tuesday falling the 22th day of November then next following in the Chamber aforesaid And the same day is given to the aforesaid Richard Bushop in the same Chamber to hear his Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the aforesaid Justices in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid the aforesaid Lord Treasurer there then not comming the Business and Sute of Errors aforesaid is continued and adjorned by them the Lord Keeper of the Great Seal and the Chief Justices by virtue of the aforesaid Act thereof made until the second Tuesday in the Term of St. Hillary then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof At which day the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer came not in the Chamber aforesaid but the aforesaid Chief Justices of each Bench came into the same Chamber and are there present And the aforesaid Richard Bushop at the same day in the Chamber aforesaid before the said Justices likewise cometh by his Attorny aforesaid and the aforesaid Business and Sute of Errors is continued and adjorned further by virtue of the Statute aforesaid thereof made until the first Tuesday in the Term of Easter next following And the same day is given to the aforesaid Richard Bushopp in the Chamber aforesaid to hear their Judgement c. At which day before the aforesaid Lord Keeper of the Great Seal and the aforesaid Chief Justices comes here the aforesaid Richard Bushop in the Chamber aforesaid by his Attorny aforesaid and the said Lord Treasurer then and there not comming the aforesaid Business and Sute of Errors is continued and adjorned by the Statute aforesaid thereof made further until the last Tuesday of the aforesaid Term of Easter in the Chamber aforesaid and the same day is given to the aforesaid Richard Bushop in the Chamber aforesa to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer aforesaid come not But the aforesaid Chief Justices come into the same Chamber and are there present And the aforesaid Richard Bushop likewise cometh by his Attorny aforesaid and the aforesaid Business and Sute of Errors by them is continued and adjorned further by virtue of the Statute aforesaid thereof made until the first Tuesday in the Term of the Holy Trinity then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer then and there come not the aforesaid Business and Sute of Erors is continued and adjorned according to the form of the Statute thereof made further until Tuesday the 4th day of July in the same Term of the Holy Trinity the same day is given to the aforesaid Ric. Bushop in the Chamber aforesaid to hear his Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Ric Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal Lord Treasurer come not therfore the aforesaid Business Sute of Errors is
continued and adjorned according to the form of the Statute aforesaid further until the third Tuesday in the Term of St. Michael next following and the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgment therof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the 21th day of November in the same Term of St. Michael and the same day is given to th aforesaid Richard Bushop in the Chamber aforesa to hear their judgment thereof c. â—At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Businesse and Sute of Errors is adjorned and continued according to the form of the Statute aforesaid until the second Tuesday of the Term of St. Hillary next following And the same day is given to the afores Rich. Bushop to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the first Tuesday in the Term of Easter then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the great Seal and the Lord Treasurer come not therefore the Business and Sute of Errors aforesaid until the first Tuesday in the Term of the Holy Trinity next following And the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgement thereof At which day before the aforesaid Thomas Egerton Knight Lord Keeper of the Great Seal and Thomas Lord Buckherst now Lord Treasurer of England in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen as at first prayeth c. And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer will further avise of giving their Judgement of and upon the premises before c. Further day is given to the aforesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the term of St. Michael then next following to hear their Judgement therof c. At which day before the aforesaid Lord Keeper of the great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not avised yet of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp in the Chamber aforesaid untill Tuesday the 23th day of October the same Term of St Michael to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorney aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgment of and upon the premises day further is given to the aforesaid Richard bushopp in the Chamber aforesaid untill Tuesday the 30th day of the said Moneth of October the same Term of Saint Michael to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Tresurer do not come in the Chamber aforesaid but the aforesaid Chief Justices in the Chamber aforesaid come and the aforesaid Richard Bushopp at the same day in the same Chamber and before the same Justices likewise cometh by his Attorny aforesaid And the aforesaid business and sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further untill Tuesday the 6th day of November the same Term of Saint Michael and the same day is given unto aforesaid Richard Bushopp to hear their Judgement therof c. At which day neither the aforesaid Lord Keeper of the great Seal nor Lord Tresurer nor the aforesaid Chief Justices come unto the Chamber aforesaid Afterwards the said Lady the Queen that now is sent here another her writ close under her Great Seal out of her Court of Chancerie to the Tresurer and Barons of this Exchepuer directed the Tenor of which writ followeth in these words ss Elizabeth by the Grace of God of England France and Ireland Queen defender of the faith c. To the Tresurer and her Barons of her Exchequor Greeting Because in the Record and Process and because of giving of Judgement in the plaint which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the Term of the Holy Trinity in the yeer of our Reign the 37th by Bill between us and Richard Bushopp of certain Trespass and Intrusion in certain Woods with the appurtenances called Alton otherwise Aluington Wood conteyning by estimation 3000 Acres of Wood in Alton otherwise Aluington and Rock in our County of Worcestor manifest Error intervened to our great damage and because in the Statute in the Parliament of the Lord Edward late King of England the 3d. our Progenitor at Westminster in the 31th yeer of his Reign holden made amongst other things it is agreed unto and established that in all cases the King or other persons concerning where any one complaineth of Error done in process in the Exchequer the Chancellor and Tresurer cause to come before them in some Chamber of Councel nigh unto the Exchequer the same Record and process out of the said Exchequer and taking to them the Justices and other sages such as to them they shall seem to be taken to call before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and upon this business duly cause to be examined and if any Error should be found the same cause to be mended and the Rolls amended and after them into the Exchequer to do execution therof to be sent back as belongeth as in the said Statute it is conteyned We therefore willing Error if any such were according to the form of the Statute aforesaid to be corrected and full and speedy Justice to be
done in his behalf command you that if Judgement be thereof given then the Record and Process aforesaid with all things touching the same before our beloved and faitfull Councellor Thomas Egerton Knight Keeper of our Great Seal of England and you you the aforesaid Tresurer in the Chamber of Councel nigh the Exchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 15th day of February next comming cause to come that the same Keeper of our Great Seal and you the aforesaid Tresurer the Record aforesaid seeing and the process aforesaid and hearing your Informations you the aforesaid Barons cause to be done what of right according to the form of the statute aforesaid was to be done Witnesse my self at Westminster the 29th day of January in the yeer of the Reign the 42th Symons And at the aforesaid 5th day of February in the aforesaid Writ mentioned The aforesaid Thomas Egerton Knight Keeper of the Great Seal of England and Thomas Lord Buckhurst Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber nigh the Exchequer aforesaid called the Council Chamber And at the same day and place come before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer the aforesaid Attorny of the Lady the Queen and for the said Lady the Queen saith That in the Record and processe and also in the giving of the Judgement aforesaid It is diversly erred in manner and form as by the aforesaid Articles of Errors by him first alleged and assigned above it is alleged And for the said Lady the Queen prayeth another Writ of the Lady the Queen to warn the aforesaid Richard Bushopp to be before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer at a certain day to hear the Record and Processe aforesaid and also the Errors aforesaid c. and it is granted unto him And it is commanded to the Sherif of the County of Worcester That by good and lawful men of his Balywick he warn the said Richard Bushopp that he be before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid at Westminster the first Tuesday in the Term of Easter next following to hear the Record and Processe aforesaid as also the Errors aforesaid above alleged and further c. What to the Court c. At which day before the aforesaid Lord Keeper and Lord Tresurer in the Chamber aforesaid the Sherif of the County of Worcester aforesaid that is to say William Childe Esquire Retorned the Writ aforesaid endorced thus ss By virtue of this Writ to me directed I gave warning to the aforesaid Richard Bushopp by John Jolley John Harris Thomas Penington and John Wemb good and lawful men of my Balywick to be before the said Keeper of the Great Seal at the day and place within contained as within to me is commanded And upon this the aforesaid Richard Bushop by Arthur Salway his Attorny at the same day in the Chamber aforesaid likewise cometh and demands the hearing of the Record and Processe as also of the Errors aforesaid and they are read unto him c. Which being read and heard the said Richard saith That in the Record and processe aforesaid in nothing it is erred And prayeth That the aforesaid Lord proceed to the Examination aswel of the Record and Processe aforesaid as of the businesse aforesaid for Errors by the said Attorny of the said Lady the Queen above alleged according to the form of the aforesaid Statute thereof made And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen saith as before he had said and prayeth likewise c. And because the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the aforesaid Richard Bushop in the Chamber aforesaid until Tuesday next to hear their Judgement thereof c. At which day before the said Lord Keeper and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper and Lord Tresurer are not yet avised of giving their Judgement of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday to hear their Judgment thereof c. At which day before the Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at VVestminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper and Lord Tresurer are not yet a vised of the giving of their Judgment of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until the first Tuesday in the Term of Holy Trinity then next comming to hear Judgement thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid because the aforesaid Lord Keeper of the Great Seal Lord Tresurer are not yet avised of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the great Seal and Lord Tresurer in the Chamber aforesaid untill Tuesday the third day of June the same Term of Holy Trinity to hear Judgment thereof At which day before the aforesaid Lord Keeper of the Gâ—eat Seal and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgement of and upon the Premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday the 10th day of June next the same Term of the Holy Trinity to hear their their Judgment thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh Rchard Bushopp by his Attorny aforesaid And upon this the premises being seen by the aforesaid Lord Keeper of the Great Seal of England and the aforesaid Tresurer and mature deliberation thereof amongst them being had and taking to them the aforesaid John Popham Knight Chief Justice of the said Lady the Queen for Pleas before the Queen her self to be holden assigned and Edmond Anderson Knight Chief Justice of the said Lady the Queen of the Bench as also of Francis Gawdy one of the Justices to Pleas before the aforesaid Lady the Queen to be
aforesaid are utterly Ignorant And thereof pray the Advise of the Justices aforesaid and of the Court here c. And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the same Justices and Court here c. That the aforesaid Christopher Digges the Father dyed seised of the Manors Tenements in the Monstrans de droit within written specified in his demesn as of Fee or of any part thereof with the Appurtenances Then the Jurors say upon their Oath aforesaid That the aforesaid Christopher Digges the Father dyed seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit specified or of so much thereof as to the same Justices shall â—eem the same Christopher so dyed seised in his demesn as of Fee as the aforesaid Christopher Digges the Son the aforesaid Edward Digges within pleading have alleged And if upon the whole mâ—ttâ—r aforesaid by the Jurors aforesaid in form aforesaid sound It shall seem to the same Justices and Court here c. That the aforesaid Chrâ—stopher Digges the Father dyed not seised of the Manors and Tenements with tâ—e appurtenances in the Monstrans de droit within written specified or of any parcel thereof in his demesn as of Fee Then the said Juror say upon ther Oath aforesaid That the aforesaid Christopher Digges the Father dyed not seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit within written specified or of so much thereof as to the said Justices aforesaid shall seem the same Christopher so not to dye seised of â—n his demesn as of Fee in his demesn as of Fee as the said Thomas Palmer and Margaret within pleading have alleged And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises are not yet avisâ—d day thereof is further given to the parties aforesaid in state is now before the Lady the Queen untill the morrow of the Holy Trinity wheresoever c. to hear their Judgement of and upon the premises c. because the Court of the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come as well the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And because the Court of the Lady the Queen here of giving their Jugement of and upon the premises are not yet avised further day is given to the parties aforesaid in sute as now before the Lady the Queen untill in 8. dayes of Saint Michael wheresoever c. to hear their Judgement of and upon the premises because the Court or the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come aâ—well the aforesaid Christopher Digges the Son and the said Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons and because the Court of the said Lady the Queen here oâ— giving their Judgement of and upon the premises are not yet avised day thereof is given to the parties aforesaâ—d before the Lady the Queen untill in 8. dayes of Saint Hillary wheresoever e. for to hear their Judgâ—ment thereof c. because the Court of the Lady the Queen here are not yet c. At which day before the Lady the Queen at Westminster come the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the said Thomas and Margaret in their proper persons and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises are not yet avised further day is given to the parties aforesaid before the Lady the Queen untill from Easter day in 15. dayes wheresoever to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And because the Court of the Lady the Queen of giving their Judgement of and upon the premises are not yet avised further day is given to the parties aforesaid before the Lady the Queen at Westminster untill the morrow of the Holy Trinity wheresoever c. to hear their Judgement hereof because the Court of the Lady the Queen here are not yet c. At which day before the Lady the Queen at Westminster come as well the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons Upon which seen and by the Court of the Lady the Queen here all singular the premises here fully understood and mature deliberation thereof being had Because it seems to the Court of the Lady the Queen that now is here That the aforesaid Christopher Digges the Father dyed not seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit aforesaid above specified or of any parcel thereof in his demesn as of Fee It is granted that the aforesaid Christopher Digges the Son and Edward Digges take nothing by their Writ aforesaid but for their false clamor thereof be in mercy c. And the aforesaid Thomas Palmer and Margaret go thereof without day c. Prohibition and Attachment upon Prohibition Easter Term Anno 38. Eliz. Rott 628. in the Kings Bench Co. 2. part The Bishop of Winchesters Case MEmorandum that at another time that is to say Michael Term last past before the Lady the Queen at Westminster come Robert Wright by Thomas VVebb the younger and brought here in the Court of the said Lady the Queen then and there his Bill against John VVright Executor of the Testament and last Will of Nicholas VVright late whilest he lived Farmer as he affirmed of the Rectory of the Parish Church of Eastmeon otherwise called Eastmeam in the Diocesse of VVinchester in the Province of Canterbury in the Custody of the Marshalsea c. in a Plea of Trespass and Contempt against those who prosecuted in the Spiritual Court against the Queens Prohibition to the contrary thereof directed and delivered And are Pledges of sute John Doo Richard Roo which Bill followeth in these words ss South That is to say Robert Wright who as well for the Lady the Queen as for himself prosecuteth complaineth of John Wright Executor of the Testament and last Will of Nicholas â—â—ight deceased late whil'st he lived as he affirmed of the Rectory of the Parish Church of Eastmeon otherwise called Eastmeam in the Diocess of Winchester in the Province of Canterbury in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being why he sueth
their demesn as of Fee and Right and of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking the profits thereof to the value c. And in which c. And thereof then they brought sute c. And the said John Hunt in his proper person then defended his Right when c. And vouched thereof to warranty the aforesaid William Capel who then present there in the same Court here in his proper person willingly the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid to him did warrant And upon that The said Thomas and Baldwin then demanded against the aforesaid William Tenant by his Warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advoson aforesaid in form aforesaid c. And whereupon then said That they themselves were seized of the Manor Tenements and Rents aforesaid with the Appurtenances in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And the aforesaid William Tenant by his Warranty aforesaid then defended his Right when c. And further then vouched to warranty John Howel who then likewise was present here in the said Court in his proper person and willingly the Manor Tenements and Rents aforesaid with the Apurtenances and the Advowson aforesaid to him did warrant c. And thereupon The said Thomas and Baldwin then demanded against him the said John Howel Tenant by his warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid in form aforesaid c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rents aforesaid in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the said Lady the Queen that now is taking the Profits therof to the value c. in wch c. And thereof then brought therâ— sute c. And the aforesaid John Howell Tenant by his Warranty defended then his Right when c. And then said That the aforesaid Hugh did not disseise the aforesaid Thomas Spenceley and Baldwin of the Manor Tenements and Rents aforesaid with the Appurtenances and of the Advowson aforesaid as the said Thomas and Baldwin by their Writ and Declaration above then supposed and of that then put themselves upon the Country and the aforesaid Thomas Spenceley and John Barldwin then demanded licence thereof to in parl and had it and aferwards the said Thomas and Baldwin came back here into the same Court here the same Term in their proper persons and the aforesaid John Howel although he was solemnly called did not then come back but in contempt of the Court departed and made default By which Then it was granted in the same Court here That the aforesaid Thomas Spenceley and Baldwin recover their seisin against him the said John Hunt of the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid And that the said John should have of the Lands of the said William Capel to the value c. And that the said William further should have of the Lands of the said John Howel to the value c. And that the said John then should be in mercy c. By virtue of which Recovery The aforesaid Thomas Spenceley and Baldwin into the Manor and Tenements aforesaid with the Appurtenances entred and was thereof seized in their demesn as of Fee Which Recovery and the Execution thereof in form aforesaid sued forth and had was to the use of the said John Hunt and his Heirs for ever By which and by force of the Statute aforesaid the said John Hunt was seized of the Manor aforesaid with the Appurtenances in his demesn as of Fee And so thereof being seized before the time of the taking c. put his Cattel aforesaid into the aforesaid 300. Acres of Land the grass then there growing to eat and the Cattel aforesaid were in the said 300. Acres of Land the grass in them then growing eating until the aforesaid Thomas Gateley the aforesaid 22th day of November in the yeer of the said Lady the Queen that now is at Hew Capel aforesaid in the aforesaid place called Stockins took the said Cattel of him the said John and them unjuly detained against Gages and Pledges until c. as the said John against him above complaineth And this he is ready to aver Wherefore in as much as the aforesaid Thomas Gately the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said John demands Judgement and his damages for the occasion of the taking and unjustly detaining of the said Cattel to him to be adjudged And the aforesaid Thomas Gateley saith That the aforesaid Plea of the said John Hunt in bar of the Avowry aforesaid pleaded iâ— insufficient in Law to bar him the said Thomas as Bayliff of the aforesaid Anthony from the just avowage of the taking of the Cattel a-aforesaid in the place in which c And that he to that Plea in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver wherefore for want of a sufficient Plea in this behalf The said Thomas demands Judgement and a return of the Cattel aforesaid together with his damages to be adjudged unto him c. And the aforesaid John Hunt in as much as he sufficient matter in Law to the aforesaid Thomas as Bayliff of the same Anthony from the just acknowleging of the taking of the Cattel aforesaid in the place aforesaid in which c. to be barred above confesseth which he is ready to aver which matter the aforesaid Thomas doth not deny nor to the same any wayes Answereth but altogether refuseth to admit the same Averment As at first demandeth Judgement and his damages by the occasion of the taking and unjustly detaining of the Cattel aforesaid to be to him adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because that the said Justices here thereof are not yet c. At which day here come aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the said Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid
Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon he premises day is given to the parties here untill in the morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the said Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgment thereof because the same Justices here are not thereof yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of giving their Judgement of and upon the premises day is given to the parties here until from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their JudgemeÌ„t of upoÌ„ the premises day is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here until the Morrow of ALL SOVLS to hear their Judgment thereof because the same Justices here are inot yet c. Before which day the Plea aforesaid was adjourned by the Writ of the said Lady the Queen of Common Adjornment from Westminster aforesaid unto the Castle of the Lady the Queen of Hertford in the County of Hertford untill the aforesaid morrow of All Soules at which day that is to say at the aforesaid Castle of Hertford cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given unto the parties aforesaid untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Laâ—y the Queen of Common Adjornment from the aforesaid Castle of Hertford unto Westminster aforesaid at the aforesaid 8. dayes of St. Hillary at which day here that is to say at Westminster cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof further day is given here to the parties aforesaid untill from Easterday in 15. dayes to hear their Judgement thereof because the Justices here are not thereof as yet c. At which day cometh as well the aforesaid Iohn Hunt as the said Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill in 8. dayes of St. Michael for to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of anâ— upon the premises day is given to the parties aforesaid here untill in 8. days of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the said John Hunt as the aforesaid Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are thereof not yet c. at which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here untill in 8. dayes of Saint Michael to hear their Judgement thereof because the same Justices here are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid until from the day of Easier in t5 dayes to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill In the morrow of Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. Michael to hear their Judgement thereof
because the same Justices here thereof are not yet c. at which day cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. â—illary to hear their Judgement thereof because the same Justices here thereof Lot as yet c. at which day here comteh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until from Easter day in 15. dayes to hear their Judgment thereof because the same Justices here thereof not yet c. At which day here come as wel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the same Justices here 〈◊〉 not yet c. At which day here cometh as well the aforesaid John Hunt as the said Thomas Gateley by their Attornies aforesaid And because the Justices will further avise themselves of upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgment thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before that they give their judgement thereof day further is given to the parties aforesaid here until from the day of Easter in 15. dayes to hear their judgement thereof because that the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Humt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Iustices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until in the Morrow of the Holy Trinity to hear their judgement thereof because the same Iustices here not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Iustices here will further avise themselves of and upon the premises before that they give their judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their judgement thereof because the same Iustices hear not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will futher avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Cateley by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their judgement thereof because the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their judgement hereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the partâ—es aforesaid here untill in 8. dayes of Saint Michael to hear their Judgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the said Iohnt Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill from the day of Easter in 15. dayes to hear their Iudgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in 8. dayes of Saint Michael to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof further day is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgement thereof
because the same Iustices here of their Iudgement thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because â—he Iustices here will further avise themselves before they give their Iudgement of and upon the premises day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes â—o hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices will further avise themselves of and upon the premises day is given to the partis aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of the premises before they give their Iudgment thereof day is given to the parties aâ—oresaid here untill in 8. dayes of St. Michael to hear their Iudgement thereof because the same Justices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Judgement thereof day is further given to the parties aforesaid untill in 8. dayes of Saint Michael to hear their Iudgement thereof because the same Iustices here thereof not yet c. at whiâ—h day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day furthe is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aâ—oresaid here untill from the day of Easter in 15. dayes to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day further is given to the parties aforesaid here untill the morrow of the Holy Trinity to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof further day is given to the parties aforesaid here untill the morrow of All Soules to hear their Iudgment thereof because the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment from Westminster in the County of Middlesex unto the Castle of the Lady the Queen of Hertford in the County of Hertford at the same morrow of All-Soules c. At which day here that is to say at the Castle of Hertford cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day is given to the parties aforesaid here in 8. dayes of St. Hillary to hear their Iudgment thereof before the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Queen of Common adjornment from the said Castle of the said Queen of Hertford in the County of Hertford unto Westminster aforesaid in the aforesaid County of Middlesex at the same 8. dayes of St. Hillary c. And now here that is to say at Westminster aforesaid cometh as well the aforesaid John as the aforesaid Thomas Gateley by their Attorneys aforesaid and upon this the premises being seen and by the Iustices here fully understood It seemeth to the same Iustices here That the aforesaid Plea of the aforesaid Iohn Hunt above in Barr of the Conusance aforesaid pleaded is sufficient in Law to him the said Thomas Gateley as Bayliff of the said Anthony justly acknowledging the taking of the Cattel aforesaid in the aforesaid place in which to Barr as the aforesaid Ihhn Hunt above alleged for which the aforesaid Iohn Hunt his damages for the occasion of the taking and unjustly deteining of the Cattel aforesaid against the aforesaid Thomas Gateley ought to recover But because it is not known what damages the aforesaid Iohn Hunt for the occasion of taking and unjustly deteining of the Cattel aforesaid susteined It is CoÌ„manded to the Sheriff that by the Oaths of good and lawful men of his County he diligently enquire what damages the said Iohn Hunt susteined as well by the occasion of the taking unjustly deteining of the Cattel aforesaid as for his Costs and Charges by him about his sute in this behalf expended and the Enquire which c. The Sheriff make to appear here
and for his costs and charges to 2. pence And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found it shall seem to the Justices and Court here That the aforesaid 4. Acres of Pasture with the Appurtenances in which c. the aforesaid time in which c. were the Soil and Freehold of the aforesaid John Kent the Son as the said John Smith above allegeth Then they assess the damages of him the said John Smith by the occasion aforesaid above his costs and charges by him about his sute in this behalf expended to 12. pence and for his costs and charges to 2. pence And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties here in the Morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day farther is given to the parties here until in 8. dayes of St. Michael to hear their judgment of them because the same justices here thereof not yet c. At which day here cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties here in 8. dayes of Saint Hillary to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises day further is given to the parties aforesaid here until from Easter-day in 15. dayes to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day further is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their judgement thereof because the same justices here thereof not yet c. At which day here cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And upon this The premises being seen and by the justices here fully understood It is granted that the said William take nothing by his Writ aforesaid but be in mercy for his false clamour and the aforesaid John thereof go without day c. And that he have retorn of his Cattel aforesaid to hold for ever irreplegiable c. how c. And that the Sheriff make it appear here in 8. dayes of Saint Michael c. It is also granted That the aforesaid John recover against the said William his damages to 14. pence by the jurors aforesaid in form aforesaid assessed as also 18. pound 8. shillings and 10. pence to him the said John at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages amount in the whole to 19. pound c. Replevin Trinity Term Anno 380. Eliz. Rot. 183. in the Common-Pleas C. 1. part Bredons Case Fo. 67. Suss WIlliam Bredon and John Bredon were summoned to answer to Agnes Gardiner Widow of a Plea Wherefore they took the Cattel of the said Agnes and them unjustly detained against Gages and Pledges c. And whereupon the said Agnes by Thomas Waller her Attorny complaineth That the aforesaid William and John the 18th day of May in the yeer of the Reign of the Lady the Queen that now is the 37th at Stow-market in a certain Place called the Parkwood parcel of the Manor of Columbine hall took Cattel that is to say 15. Cowes Milch and 5. Calves of the said Agnes and them unjustly detained against Gages and Pledges until c. Whereupon she saith that she is the worse and hath damage to the value of 10. pound And thereof bringeth sute c. And the said William and John by Richard Walker their Attorny come defend the force and injury when c. And as Bayliffs of Martha Cary Widow do acknowledge the taking of the Cattel aforesaid in the place in which c. And justly c. Because they say That the same place in which it is supposed the taking above to have been made doth contain and at the time of the taking of the Cattel aforesaid did contain in it self 8. Acâ—es of Lands with the appurtenances in Stow-market aforesaid and that long before the aforesaid time in which c. One John Gardiner Gent. was seized of and in the Manor of Collumbine hall otherwise Thorney Collumbers with the appurtenances in the County aforesaid whereof the aforesaid 8. Acres of Land with the appurtenances in which c. are and the aforesaid time in which c. And also from the time whereof the Memory of Man is not to the contrary were parcel in his demesn as of Fee and he being thereof so seized A Fine was levied in the Court of the Lady the Queen that now is of the Bench here that is to say at Westminster in 8. dayes of Saint Michael in the yeer of the said Lady the Queen that now is the 29th before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said Lady the Queen of the Bench here and other the said Queens faithful people here then present Between Edmond Cary Knight and Robert Cary Esquire Plaintiffs and VVilliam Cary Esquire the aforesaid John Gardiner and the said Agnes now Plaintiff then the Wife of the said John and George Totty Gentleman and Elizabeth his Wife by the names of VVilliam Cary Esquire Iohn Gardiner Gentleman and Agnes his Wife George Totty Gentleman and Elizabeth his Wife Deforceants of the Manor aforesaid with the appurtenances whereof c. And of 10. Messuages 10. Cortages 10 Barns one Dove-house 20. Cartilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath the Rent of 1. pound of Wax and 4. Capons 30. shillings of Rent with the appurtenances in Stow market Newton Gipping and One House As also of the view of Frank Pledge in Stow-market Newton Gipping and One House By the names of the Manors of Collumbine hall otherwise Thorney Collumâ—bers with the appurtenances and of 10. Messuages 10. Cottages 10. Barns one Dove house 20. Curtilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath 30. shillings of Rent of the
Henry Cary Knight Lord of Hunsdon and his Heis for ever And that the aforesaid John Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the said John and Agnes and the longer liver of them in form aforesaid being seized the Remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs oâ— his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Heny Cary Knight Lord of Hunsdon and his Heirs expectant Before the levying of the aforesaid Fine in the Conusance of the aforesaid William Bredon and John Bredon above second mentioned The aforesaid other Fine in the aforesaid Plea of her the said Agnes above specified was levied in the aforesaid Court of the Queen here from the aforesaid day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid then Justices and other the faithful people of the Lady the Queen then there present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid William Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid 20. Messuages One Dove house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One house Which Fine in form aforesaid levied and had was had and levied to the use of the aforesaid David and Robert Ham and to their Heirs for ever to the intent in the Plea of the aforesaid Agnes above mentioned the aforesaid John Gardiner and Agnes of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs expectant the aforesaid Recovery in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned in form aforesaid was had And the aforesaid Agnes further in Facto saith That the aforesaid John Gardiner and Agnes from the time of the levying of the Fine in the Conusance of the aforesaid William Bredon and John Bredon second mentioned in form aforesaid was levied Without that that the aforesaid David and Robert Ham the aforesaid day of bringing of the Writ of the Lady the Queen of Entry Sur Disseisin in the Post in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned or ever afterwards were ever Tenants of the Freehold of the Manor Tenements and Rents with the Appurtenances in the Recovery aforesaid above mentioned as the aforesaid William Bredon and John Bredon above have alleged And this she is ready to aver Wherefore she demandeth Judgement and his Damages by occasion of the taking and unjust detaining of the Cattel aforesaid to her to be adjudged And the aforesaid William Bredon and John Bredon say That the aforesaid Plea of the aforesaid Agnes to the Conusance of them the said William and John as to the aforesaid 20. pound residue of the 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable above by Rejoynder pleaded is insufficient in Law to bar her the said Agnes from having her Action aforesaid of the taking of the Cattel aforesaid in the aforesaid place in which against them the said William and John or to bar the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. And that they to that Plea in manner and form aforesaid pleaded need not nor by the Law of the Land are bound to Answer for that that is to say That the aforesaid Induction of the Plea of the said Agnes to the Traverse aforesaid in her Plea aforesaid to the Conusance of them the said William and Iohn above rejoyning pleaded is not sufficient in Law to induce that Traverse And that the Traverse of the aforesaid Tenances of the David and Robert Ham the day of the bringing of the aforesaid Writ of Entry upon Disseisin in the Post of the aforesaid Manor Tenements Rents with the Appurtenances in the same Plea pleaded is not material in Law And this they are ready to aver wherefore for want of sufficient Plea of the said Agnes in this behalf the said William and John as at first demand Judgement and the retorn of the Cattel aforesaid together with damages c. to be to them adjudged And the aforesaid Agnes for as much as she hath alleged sufficient matter in Law and the aforesaid William Bredon and John Bredon from their Conusance aforesaid as to the aforesaid 20. pound of the aforesaid 40. p. residue at the aforesaid Feast of Saint Michael the Archangel payable to have to bar and the said Agnes to have her Action aforesaid against the said William and John above hath alleged which she is ready to aver which matter the aforesaid William and John do not deny nor to the same do any wayes Answer but the the same Averment utterly refuse to admit as before demandeth Judgement and her damages by occasion of the taking and unjustly detaining of the Cattel aforesaid to her to be adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes from Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswelthe aforesaid Agnes as the aforesaid Wil. Bredon J. Bredon by their Atornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswel the aforesaid Agnes as the aforesaid Wil. Bredon and John Bredon by their Attornies aforesaid And upon this The premises seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Plea of the aforesaid Agnes to the Conusance of the aforesaid William and John as to the aforesaid 20. pound residue of the aforesaid 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable by Rejoynder pretended is not sufficient in Law for the said Agnes to have her Action aforesaid of the taking of the Cattel aforesaid against the said William and John or to
in her demesn as of Freehold for the Term of her life And so thereof being seized the said Ann afterwards and before the aforesaid time in which c. At Sutton Atthone aforesaid took to Husband the aforesaid Dionise And afterwards and before the aforesaid time in which it is supposed the taking of the Cattel aforesaid to be done that is to say the aforesaid 20th day of March in the yeer of the Reign of the said Lady the Queen that now is the 29th aforesaid the aforesaid Dionise at Sutton aforesaid dyed And the aforesaid Ann him overlived and was and yet is of the aforesaid Annuity or yeerly Rent of 20. pound seized in her demesn as of Freehold for the Term of her life And because 20. pound of the Annuity or yeerly Rent aforesaid by a whole yeer ended at the Feast of Saint Michael the Archangel in the yeer of the Reign of the said Lady the Queen that now is the 29th aforesaid and within the space of 40. dayes then next following were not paid to the said Ann but were behind the aforesaid George Mason and Francis Easterley as Bayliffs of the said Ann do acknowledge the taking of the Cattel aforesaid in the aforesaid place in which c. And justly c. As in parcel of the Tenements aforesaid with the Appurtenances to the distresse of the said Ann in form aforesaid charged and bound And this they are ready to aver whereupon as at first they demand Judgement and Retorn of the Cattel aforesaid with their Damages Costs and Expenses by them about their Sute in this behalf put unto according to the form of the Statute in such case had and provided to be adjudged unto them c. And upon this the aforesaid John Kettel prayeth That the Writing of Confirmation of the Annuity aforesaid be inrouled in these words c. And it is inrouled in this form as followeth ss To all Christian People to whom this present Writing shall come Thomas Mayow of Sutton Atthone aforesaid in the County of Kent Gentleman and Dionise Mayow Son and Heir Apparent of the said Thomas Mayow of Bernards Inn in the County of Middlesex Gentleman greeting in our Lord God everlasting Knâ—w yee We the aforesaid Thomas and Dionise to have given granted and in this our present Writing confirmed to Ann Maxey of Chigwell in the County of Essex for and in Consideration of a certain Mariage to be had and solemnized Between the aforesaid Dionise Mayow and Ann Maxey foresaid one yeerly Rent or Annuity of 20. pound of lawful Mony of England of all our or either of our Lands and Tenements in Sutton Atthone aforesaid and Wilmington in the County of Kent aforesaid To have and perceive the said yeerly Rent or Annuity of 20. pound aforesaid of the aforesaid Lands and Tenements with their Appurtenances to the aforesaid Ann and her Assignes for the term of the life of the aforesaid Ann at the Feasts of the Annuntiation of the blessed Mary the Virgin and Saint Michael the Archangel by equal portions yeerly to be perceived And if it happen the aforesaid yeerly Rent or Annuity of 20. pound at any Feast of payment in which it is said it ought to be paid within 40. dayes after any of the a-aforesaid Feasts in part or in all to be behind and unpaid That then it be lawful to the aforesaid Ann and her Assignes into the aforesaid Lands and Tenements to enter and distrein and the distresses there found and taken to carry away lead drive and with them to keep untill of the aforesaid yeerly Rent or Annuity together with all the Arrerages thereof if any were to them it be satisfied and paid of which yeerly Rent or Annuity we have put the aforesaid Ann Maxey in full possession and seizin by paying of one penny of lawful Mony of England c. In witnesse whereof we the aforesaid Thâ— Mayow and Dienise Mayow to this our present Writing our Hands and Seals have put Dated the 30th day of May in the yeer of the Reign of our Lady Elizabeth by the Grace of God oâ— England France and Ireland Defender of the Faith c. the 19th Which being Read and Heard The said John Kettel saith That the Plea aforesaid by the aforesaid George and Francis above to the Bar of the said John Kettell aforesaid to the Conusance aforesaid in manner and form aforesaid above pleaded and the matter in the same contained is not sufficient in Law to the taking of the Cattel aforesaid in the place aforesaid in which c. justly acknowledged to which the said John Kettell needeth not or by the Law of the Land is any wayes bound to Answer Wherefore for want of a sufficient Plea in this behalf the same John as at first demandeth Judgement and his damages aforesaid by the occasion aforesaid to be to him adjudged c. And the aforesaid George Mason and Francis Easterley say that the plea aforesaid by them the said George and Francis above unto the Bar of the aforesaid John Kettell aforesaid to the Conusance aforesaid in maÌ„ner form aforesaid above pleaded the matter in the same coÌ„tained is good and sufficient in Law to the taking of the Cattel aforesaid in the aforesaid place in which c. justly acknowledged Which Plea the matter therein conteined the said George and Francis are ready to aver and prove as the Court c. And because the aforesaid John Kettell to that Plea doth not Answer nor the same as yet any wayes denyeth The said George and Francis as at first demand Judgement and Retorn of the Cattel aforesaid together with their damages according to the form of the Statute in such case late had and provided to them to be adjuged And because the Court of the Lady the Queen here of their Judgement of and upon the premises to be given is not yet avised day is given to the parties aforesaid before the Lady the Queen until from the day of Easter 15. dayes wheresoever c. to hear their Judgemen of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Quen that now is here of giving their Judgement of upon the premises is not yet avised further day is given to the parties aforesaid before the Lady the Queen in the Morrow of the Holy Trinity wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westmin came the parties aforesaid by their Attornies aforesaid And because the Court of the Laâ—y the Queen that now is here of giving their Judgement of and upon the premises is not yet avised day further is given to the parties aforesaid before the
Lady the Queen in 8. dayes of Saint Michael wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day The Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment before the Lady the Queen until from the day of Saint Michael in one Moneth at the Town of Saint Alban in the County of Hertford At which day the Plea aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the said Lady the Queen until the Morrow of All Souls at the Town of Saint Alban aforesaid At which day before the Lady the Queen at the Town of Saint Alban aforesaid cometh as well the said John Kettel by his Attornies aforesaid as the aforesaid George Mason and Francis Easterley in their proper persons And because the Court of the said Lady the Queen that now is here of giving their Judgement of and upon the premises is not yet avised day further is given to the parties aforesaid before the Lady the Queen in 8. dayes of Saint Hillary wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the Lady the Queen at WESTMINSTER aforesaid at the aforesaid 8. dayes of Saint Hillary At which day before the Lady the Queen at VVESTMINSTER come as well the aforesaid John Kettell by his Attornie aforesaid as the aforesaid George Mason and Francis Esterley in their proper persons and because the Court of the said Lady the Queen that now is here of giving their Judgment of and upon the premises is not yet avised day farther is given to the parties aforesaid before the Lady the Queen from the day of Easter 15. dayes wheresoever c. to hear their Judgment of and upon the premises because the Court of the Lady the Queen here thereof not yet c. at which day before the Lady the Queen at Westminster cometh aswell the aforesaid John Kettle by his Attorny aforesaid as the aforesaid George Mason and Francis Esterley in their proper persons And upon this all and singular the premises by the Court of the said Lady the Qeen that now is here being seen and matute deliberation thereof being had Because it seemeth to the Court of the Lady the Queen that now is here that the plea aforesaid by the aforesaid George and Francis to the Bar of the aforesaid John Kettle aforesaid to the Conusance aforesaid in manner and form aforesaid above pleaded and the matter in the same contayned is good and sufficient in Law Therefore it is granted that the said John Kettle take nothing by his writ aforesaid and that he and his Sureties for his false clamor aforesaid thereof be in mercy c. and the aforesaid George Mason and Francis Esterly thereof go without day c. and have Retorn of their Cattel aforesaid to be holden by them irreplegiable for ever And further according to the form of the Statute in such case late had and provided it is granted that the aforesaid George Mason and Francis Easterly recover against the aforesaid John Kettle their damages which they have susteined as well by the occasion of the premises as for their Costs and charges by them about their sute in this behalf expended But because to the said Court of the said Lady the Queen that now is here It is unknown what damages the said George and Francis in this behalf sustained It is commanded to the Sheriff that by the Oath of good and lawfull men of his Baâ—liftwick he diligently enquire what damages the aforesaid George and Francis have susteyned and the Enquire which c. to the Lady the Queen in the morrow of the Holy Trinity whensoever c. under Seal c. and the Seals c. he send together with the Writ of the said Lady the Queen thereof to him directed The same day is given to the said George and Francis c. At which day before the Lady the Queen at Westminster cometh the aforesaid George and Francis in their proper persons And the Sheriff that is to say Michael Sands Esquire at that day Certified that the Cattel aforesaid before the Receiving of the Writ aforesaid were esloined to places to the said Sheriff unknown by the within named John Kettel so that the Cattel to the aforesaid George and Francis Esterley he cannot retorn irreplegiable as to the said Sheriff by the Writ aforesaid it was commanded And further the said Sheriff certified an Enquiry before him the 8th day of June in the 36th yeer aforesaid at Dedford Strand in the County aforesaid by the Oaths of 12. and lawful Men of his Baliwick taken by which it is found That the aforesaid George Mason and Francis susteined damages by the occasion of the premises above their costs and chages by them about their Sute in this behalf expended to 40. shillings and for their costs and charges to 2. pence Therefore it is granted That the aforesaid George Mason and Francis Esterley recover against the aforesaid John Kettell their damages aforesaid by the Inquisition aforesaid in form aforesaid found As also 9. pound to them the said George and Francis for their costs and charges aforesaid by the Court of the Lady the Queen here of Encrease adjudged which damages here in the whole do amount to 11. pound and 2. pence And the aforesaid John Kettell in mercy And further it is commanded to the Sheriff that of the Cattel of the said John Kettell in his Bailiwick to the value of the Cattel aforesaid which to the aforesaid George and Francis were adjudged he take in Withernam And them to the aforesaid George and Francis cause to be delived to be kept by them until the Cattelâ— of them the said Goorge and Francis in the said Court first adjudged can be delivered c. REPLEVIN Easter Term Anno 36. of Elizabeth Rot. 731. in the COMMON-PLEAS C. 2. part Bettiworths Case fol. 27 a. THomas Bettisworth was summoned to Answer to John Hayward of Sussex a Plea wherefore he took the Cattel of the said John and them unjustly deteined against Gages and Pledges c. And whereupon The said John by John Comber his Attorny complaineth That the aforesaid Thomas the 28th day of October in the yeer of the Reign of the Lady the Queen that now is the 19th at Ipping in a certain place called â—â—ynolds took the Cattel that is to say Two Cows of the said John and them unjustly deteined against Gages until c. And whereupon he saith that he is the worse and hath damage to the value of 10. pound c. And thereof he bringeth Sute c. And the aforesaid Thomas by John Trot his Attorny cometh and
of the Tenements aforesaid with the Appurtenances whereof to one William Bettisworth his Heirs and Assigns for ever And further the Jurors say upon thier Oath aforesaid that immediatly after the sealing and delivery of the Deed of Feoffment aforesaid possession and seisin upon that Deed of Feoffment was gâ—ven and delivered by the aforesaid Iohn Bettisworth to the aforesaid William Bettisworth in and upon the aforesaid Close called Raynolds in which c. neither the aforesaid John Hayward nor any other at the said time of the delivery of the said possession or seisin of the said Close being By virtue whereof the said William Bettisworth into the Tenements aforesaid with the Appurtenances whereof c. entred and thereof was seized as the Law requireth And the Jurors further say upon their Oath aforesaid That the aforesaid John Hayward at the time of the giving and delivery of the possession and seisin in the Close aforesaid was in the Messuage and the Residue of the Tenements aforesaid by virtue of the Lease aforesaid to him made and that afterwards and before the time in which c. the aforesaid John Hayward into the aforesad Close called Raynolds with the Appurtenances in which c. re-entred claiming the same Close to the Lease aforesaid to him in form aforesaid made And further the Jurors say upon their Oath aforesaid That afterwards before the time in which c. that is to say the 3d. day of January in the yeer of the Reign of the said Lady the Queen that now is the 19th the said John Bettisworth at Ipping aforesaid dyed without issue of his Body begotten And that the aforesaid Thomas Bettisworth is his Brother next Heir But whether upon the whole matter aforesaid in form aforesaid found â—he possession and seisin in manner and form aforesaid given and delivered of and in the aforesaid Close called Raynolds in which c. be or in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid close called Raynolds in which c. the Jurors are utterly ignorant and thereof they pray the advice of the Justices here of the Lady the Queen and if upon the whole matter aforesaid in form aforesaid found It shall seem to the said Justices of the Lady the Queen That the aforesaid possession and seisin in form aforesaid given and delivered of and in the aforesaid Close called Raynolds be or in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid Close called Raynoldâ— in which c. with the Appurtenances c. Then the Jurors aforesaid say upon their Oath aforesaid That the said John Bettisworth did not dye seized of the Reversion of all the Tenements within written with their â—ppurtenances c. nor of the Rents within written seized as the said John Hayward within for him allegeth And then they assesse damages of the said John Hayward for the ocasion within writteh above his costs and charges by him the said John Haward about his Sute expended to 4. pence and for his costs and charges to 2. pence But if upon the whole matâ—er aforesaid in form aforesaid found It shall seem to the said Justices of the said Lady the Queen That the aforesaid possession and seisin in form aforesaid given and delivered of and in the aforesaid Close called Raynolds in which be not nor in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid Close called Raynolds in which c. Then the Jurors say upon their Oath aforesaid That the aforesaid John Bettisworth dyed of the Reversion of the Tenements aforesaid with the Appurtenances whereof and of the Rents aforesaid seized as the said Thomas Bettisworth within for him allegeth And then they assesse damages of the said Thomas Bettisworth for the occasion within written above his costs and charges mentioned about his Sute expended to 4. pence and for his costs and charges to 2. pence And because the justiceâ— here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises further day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the Justices here thereof not yet c. At which day here come as well the aforesaid John Hayward as the said Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid John John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further day day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the said John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further day iâ— given to parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John as the aforesaid Thomas by their Attornies aforesaid and upon this The premises being seen and by the Justices here fully understood It is granted that the aforesaid John take nothing by
in which c. the said Walter and the aforesaid Robert who c. demand Judgement and their damages by the occasion of the taking and unjust deteining of the Cattel aforesaid to the said VValter to be adjudged And the aforesaid Nicholas as at first saith That the aforesaid John Bevill was seized of the aforesaid Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as he above alleged And of this puts himself upon the Country and the aforesaid Walter and the aforesaid Robert Smith the Son who c. likewise Therefore it is commanded to the Sheriff that he cause to be here from the day Saint Martin 15. dayes 12. c. by whom c. and who neither c. to Recognize c. Because as well c. Processe against the Jurors to try the issue aforesaid is conteined until 15. of Easter in the 19th yeer of Queen Elizabeth unless the Justices to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Upon Monday in the 5th Week of Lent the said 19th yeer first come At which Assizes the Verdict was given as followeth The Jurors say upon their Oath That the within named John Smith the Father held the Tenements aforesaid with the Appurtenances called Newton of the within named John Bevill as of the within written Manor of Keligath by Knights Service within written And that the said John Bevill was seized of the Fealty and Sute of Court only parcel of the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant But whether the aforesaid seisin of Feâ—lty and Sute of Court aforesaid be a good and sufficient sâ—isin of the whole Services within written or not the Jurors are altogether ignorant And pray thereof the advice and diâ—cretion of the Justices aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the same Justices That the aforesaid seisin of Fealty and Sute of Court be not a good and sufficient seisin of the whole Services aforesaid Then the Jurors say upon their Oath That the aforesaid John Bevill was not seized of the within written Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as the said Walter within alleged And then they assess the damages of him the said Walter by occasion of the taking and unjust detaining of the Cattel aforesaid besides his costs and charge by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And if upon the whole matter aforesaid it shall seem to the Justices That the said seisin of Fealty and Sute of Court aforesaid be a good and sufficient seisin of the whole Services within written Then the said Jurors say upon their Oath aforesaid That the said John Bevill was seized oâ— the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant as the aforesaid Nicholas within alleged And then they assess the damages of the said Nicholas by occasion of the premises besides his costs and charges by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And because the Justices here will avise themselves of upon the premises before they give their Judgement thereof day is given to the parties here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. And so the Plea aforesaid was continued until the Morrow of the Holy Trinity in the 25th yeer of Queen Elizabeth which day Judgement was given as followeth At which day here cometh as well the aforesaid Walter Parker by his Attorny aforesaid as the aforesaid Nicholas Francis by William Aylesbury his Attorny And upon this The premises being seen and by the Justices here fully understood It seemeth to the Justices here That the aforesaid seisin of Fealty and Sute of Court aforesaid is a good and sufficient seisin of the whole Services aforesaid Therefore it is granted That the aforesaid William Parker take nothing by his Writ aforesaid but be in mercy for his false clamour And the aforesaid Nicholas Francis thereof go without day and that he have Retorn of his Cattel aforesaid to be kept by him irreplegible for ever c. It is also granted That the aforesaid Nicholas Francis recover against the aforesaid Walter Parker his damages aforesaid to 41. shillings by the Jurors in form aforesaid assessed as also 13. pound to the said Nicholas at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages in the whole do amount to 15. pound 1. shilling c. REPLEVIN Trinity Term Anno 7 mo JACOBI Rot. 3661. in Salop. the COMMON-PLEAS Co. 8. part John Talbotts Case IOhn Pendleton was attached by the Writ of the Lady the Queen of second deliverance to answer to John Chapman of a Plea wherefore he took the Cattel of him the said John Chapman and them unjustly deteined against Gages and Pledges c. And whereupon The said John Chapman by Thomas Salter his Attorney complaineth That the aforesaid John Pendleton the second day of September in the yeer of the Lord the King that now is of England c. the 6th at Albrighton in a certain place called Bromly took his Cattel that is to say two Bullocks of the said John Chapman and them unjustly deteined against Gages and Pledges untill c. whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof he bringeth sute c. And the aforesaid Iohn Pendleton by Nicholas Gibbens his Attorny cometh and defendeth the force and injury when c. and as Bayliff of Jo. Talbot Esquire doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. Because he saith That the place in which it is supposed the taking aforesaid to be done doth contein and at the time of the taking thereof above supposed to be done did contein in it self 3. Acres of Pasture lying in the aforesaid field called Bromley in Albrighton aforesaid and that long before the taking of the Cattel aforesaid supposed to be done One John Chapman Father of the now Plaintiff was seised of the aforesaid 3. Acres of Pasture with the appurtenances in which c. in his demesn as of Fee and the said 3. Acres of Pasture with the appurtenances in which c. held of the aforesaid John as of his Manor of Albrighton in the County aforesaid by Fealty and the Service of doing sute at the Court of the said John Talbot of his Manor aforesaid from 3. weeks to 3. weeks at that Manor to be holden As also by the service of rendring after
be to him adjudged c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties c. REPLEVIN Trinity Term Anno 6 to of King James Rot. 1611. in the COMMON-PLEAS C. 9. part Henry Conneys Case BArtholmew Colpit was summoned to answer to Iohn Crane of a Plea wherefore he took the Cattel of the said John and them deteined against Gages and Pledges and whereupon The said Iohn by Thomas Ganton his Attorney complaineth that the aforesaid Bartholmew the 19th day of October in the yeer of the Reign of the Lord the King that now is the 5th at Fidde St Giles in a certain place there conteining in it two Acres of Pasture the Cattel that is to say 3. Steers of the said Iohn c. them unjustly deteined against Gages Pledges untill c. whereupon he saith he is the worse and hath damage to the value of 20. pound and thereof bringeth sute c. And the aforesaid Bartholmew by William Dany his Attorney cometh and defendeth the force and injury c. and as Bayliff to Iohn Welby Esquire doth well acknowledge the taking of the Cattel aforesaid in the place in which c. and justly c. Because he saith that the said place in which it is supposed the taking of the Cattel aforesaid to be done doth contein aforesaid time in which it is supposed the aforesaid taking to be done did contein in it self 2. Acres of Pasture with the appurtenances in Fidde Saint Giles aforesaid lying there in a certain Field called South graftfield neer the Lands foot of Richard Welby Gent. sometimes Richard Delaland on the part of the North and the Kirkland on the part of the West and that one Henry Conny Esquire before the time in which was seised of the aforesaid 2. Acres of Pasture with the Appurtenances in which c. in his demesn as of Fee and held the same of one William Stermin Esquire as of his Manor of Richards with the Appurtenances in Tidde St. Giles aforesaid by Fealty and the Rent of 13d yeerly at the Feast of Saint Michael the Archangel to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. weeks to 3. weeks upon seasonable warning at the Manor aforesaid to be holden Of which Services the said William Stermin was seised by the hands of the aforesaid Henry Conny as by the hands of his very Tenant that is to say Of the Fealty and Sute of Court aforesaid as of Fee and Right and of the Rent aforesaid in his demesn as of Fee Of which Manor with the Appurtenances the aforesaid William Stermin was seised in his demesn as of Fee and so thereof being seised the aforesaid William Stermin before the time in which c. Of the aforesaid Manor with the Appurtenances the aforesaid John Welby enfeoffed To have and to hold to the said Joh. Welby his Heirs Assigns for ever To which Feoffment by the aforesaid VVilliam Stermin to the aforesaid John VVelby in form aforesaid made the aforesaid Henry Conny afterwards and before the time in which c. that is to say the first day of November in the yeer of the Reign of Lord the King that now is the first then of the aforesaid two Acres of Lands with the Appurtenances in form aforesaid being seised at Fidde St. Giles aforesaid attorned By colour of which Feoffment and attorment aforesaid The said John VVelby was and yet is seised of the Manor aforesaid with the Appurtenances in his demesn as of Fee and because 40. shillings and 4 pence of the Rent aforesaid for 4. whole yeers was at the Feast of St. Michael the Archangel in the yeer of the Reign of the Lord the King that now is the 5th and after the Attornment aforesaid in form aforesaid had to the aforesaid John Welby the aforesaid time in which c. behind not paid The said Bartholmew as Bayliff of the aforesa Jo. Welby doth well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which for the aforesaid 4. shillings and 4. pence of the Rent aforesaid so being behind and justly c. as within his Fee and Lordship And the aforesaid John Crane saith That the aforesaid Bartholmew as Bayliff of the said John Welby for the cause above alleged the taking of the Cattel aforesaid in the aforesaid place in which ought not avow to be just Because by Protestation that the aforesaid Henry Conny held not the aforesaid 2. Acres of Land with the Appurtenances of the aforesaid William Stermin as of his Manor of Richards aforesaid by Fealty and the Rent of 13. pence for every yeer at the Feast of Saint Michael to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. Weeks to 3. Weeks upon reasonable warning at that Manor to be holden as the said Bartholmew above hath alleged And for Plea he saith That the aforesaid Henry before the time of the taking aforesaid done at the time of the taking c. was yet is seized of the aforesaid 2. Acres of Pasture with their Appurte in his demesnas of Fee held the same of Martin by Divine Providence then Bishop of â—ly as of his Manor of Fidde St. Giles with the Appurtenances in Fiddy Saint Giles aforesaid by Fealty only for all Services Without that that the aforesaid Henry at Fidde Saint Giles aforesaid to the aforesaid John Welby attorned Tenant in manner and form as the said Bartholmew above hath alleged And this he is ready to aver Wherefore for as much as the aforesaid Bartholmew the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowledgeth The said John demandeth Judgement and his damages by the occasion of taking of the said Cattel to be to him adjudged c. And the aforesaid Bartholmew as at first saith That the said Henry did attorn Tenant to the aforesaid John Welby in manner and 〈◊〉 as the said Bartholmew above hath alleged And oâ— this puts 〈…〉 lf upâ—â— the Country and the said John likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. Because as well c. And afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and William Daniel Knight one of the Justices of the Lord the King of the Bench aforesaid Justices of the said Lord the King to Assizes in the County of Cambridge to be taken assigned by the â—orm of the Statute c. this turn associated the presence of the aforesaid William Daniel not expected by virtue of the Writ of the said Lord the
thereof it is recited and specified above alleged which matter the aforesaid Henry Lindley doth not deny nor to the same any waies answereth but that averment to admit utterly refuseth the said Attorny General of the said Lord the King that now is for the said Lord the King that now is demandeth Judgment and that the aforesaid Letters Patents of the aforesaid late Queen Elizabeth of the aforesaid Manors of West Taunton Trelowia and Landalph with the Appurtenances made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the Court of the Lord the King that now is here will avise off and upon the premises before it proceedeth to Judgment thereof day is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele before the said Lord the King that now is in the said Court here untill in 8. days of St. Hilary next c. wheresoever c. to hear their Judgment thereof because the said Court hereof thereof not yet c. At which day of 8. days of Saint Hillary that is to say at Westminster aforesaid come as well the aforesaid Henry Hobart Knight Attorney General of the said Lord the King that now is who c. in his proper person as the aforesaid Henry Lindley John Hele and Warwick Hele by their Attorny aforesaid and upon this the Attorny General of the Lord the King that now is as at first demandeth Judgment and that the aforesaid Letters Patents of the aforesaid Manors of West Taunton Trelowia and Landalph with the appurtenances in form aforesaid made be revoked and annulled and that the said Manors with the Appurtenances into the hands of the Lord the King that now is be taken and seised c. And because the said Court of the Lord the King that now is here will farther avise before that it proceed to Judgment thereof day farther is given as well to the aforesaid Henry Hobert Knight Attorny General of the said Lord the King that now is who c. as to the aforesaid Henry Lindley John Hele and Warwick Hele here untill in 15 days of Easter next c. wheresoever c. to hear their Judgment thereof because the said Court of the Lord the King that now is here thereof not yet c. SCIRE FACIAS Easter Term. 2i Eliz. Râ—t 1. The Record of the Case of Mark Steward vouched in Co. 9th part in Sr. Georege Reynels Case fol. 99. b. MEmorandum that Thomas Bromley Knight Chauncellor of the Queen Monday next after the Morrow of the Ascension of our Lord this Term before the Lady the Queen at Westminster by his own hand delivered here into the Court a certain Record before the Lady the Queen had in her Chancery in these words Pleas before the Lady the Queen at Westminster in the Term of Easter in the yeer of the Reign of Elizabeth by the grace of God Queen of England France and Ireland defender of the Faith c. the 21th Middlesex ss It is manifest that the Lord Philip and the Lady Mary late King and Queen of England Sister of the Lady the Queen that now is for them the Heirs and Successors of the said Lady Queen Mary by the Letters Patents of them the said late King and Queen Philip and Mary made under the great Seal of England bearing date at Westminster the 23th day of September in the 3. and 4th yeer of the said late King Philip and Mary gave and granted to one Mark Steward gen the Office of Sergeant at Arms of them the said late King and Queen Philip and Mary attendant upon her Chauncellor of England for the time being and made ordayned and appointed by the said Letters Patents him the said Mark their Sargeant at Arms to have and enjoy the said Office to the said Mark for the Term of his life and that the said King Philip and Queen Mary for them the Heirs and Successors of the said Queen Mary by the same Letters Patents gave and graunted to the said Mark for the exercising and occupying the said office aforesaid the wages and Fee of 12. pence by the day To have hold and receive yeerly the said wages and Fee of 12. pence to the said Mark for the Term of his life of the Issues and profits of the Hamper of the said late King Philip and Queen Mary by the hands of the Clerk or Keeper of the aforesaid Hamper for the time being yeerly to be paid as by the said Letters Patents amongst other it more fully appeareth By colour of which Letters Patents the said Mark was seised of the Office aforesaid as of Freehold for the term of his life And whereas also it is found by a certain Inquisition Indented taken at VVestminster in the County of Middlesex the 24th day of June in the yeer of the Reign of the said Lady the Queen that now is the 19th before Kalph Hurlestone Esquire John Muthal Esquire Francis Folyat Esquire and John Stratham Gent. By virtue of a Commission of the said Lady the Queen that now is to them and to one John Goodman directed by the Oaths of 12. men That the said Mark did not serve in the said Office of Sergeant at Arms according to the effect and Tenor of the aforesaid Letters Patents to him made from the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is unto the first day of February then next past before the Inquisition aforesaid but for all that time absented himself from that Office as by the said Inquisition retorned in the Court of the Chancery of the said Lady the Queen as in the files of Record there remaining it appeareth And now at this day that is to say the 7th day of May in the yeer of the Reign of the said Lady the Queen that now iâ— the 21th coâ—eth the aforesaid Mark Steward into the Chancery of the said Lady the Queen â—ow is at Westminster by Edward Cockel his Attorny and complaineth that â—y reâ—â—on and colour of the Inquisition aforesaid himself to be unjustly removed from the exercising and holding of his said Office aforesaid Because By Protestation that the said Inquisition is not sufficient in Law to â—â—â—â—ve him the said Mark from the exercising of his Office aforesaid â—o â—â—e shewing of his right in this behalf the said Mark saith that the 〈◊〉 Lady the Queen that now is long after the making of the said Letters Patents that is to say the last day of Nov. in the yeer of her Reign the 〈◊〉 at Westminster in the County oâ— Mâ—ll gave liâ—â—nsâ—â—oth â—said Mark 〈◊〉 hâ—â—self from the exercising his Office during the pleasure of him â—â—â— said Mark until he was commanded by her the said Lady
sworn therein and many years served the place Thus much being on my own knowledge to be true at his humble and earnest sute I thought good to advertise your Lordships and so do bid your Lordships farewell from the Court the 21th day of May 1579. your Lordships loving Friend R. Leicester And the Jurors further say That the aforesaid Augustine Steward brother of him the said Mark the 6th day of January in the 11th year abovesaid at Hampton Court in the County of Middlesex by the said Lady the Queen was admitted ordained and constituted to attend in the place and room of him the said Mark his brother upon Nicholas Bacon Knight then being Lord Keeper of the Great Seal of England and to the said Office for in the place and room of him the said Mark well and faithfully to exercise and execute then and there in the presence of the said Lady the Queen was sworn as by the Deposition of the said Augustine Steward which followeth in these words we finde to be true After Christmass and before Hillary Term in the 11th year of her Highness Reign on a Sunday or Holiday her Majesty coming from the Closet at Hampton Court was moved by the Right Honourable deceased Earl of Pembroke for the instituting of Augustine Steward Sergeant at Arms to attend upon the Lord Keeper To whom her Majesty answered My Lord he is not to have his brothers Office but is to be appointed only to attend in his place for him at such time as his brother shall be absent her Majesty making then relation of her favourable License already granted to Mark Steward to abide in the Country and to absent himself from her service at his pleasure until he should by her Majesty be called again to his attendance upon the said Lord Keeper And then the said Augustine was sworn to attend as is above specified By colour of which the said Augustine Steward in the absence of him the said Mark Steward his brother the aforesaid Office of Sergeant at Arms attendant upon the Chancellor of England from thence until the 20th day of June in the year of the Reign of the said Lady the Queen that now is the 18th used and executed But whether the said Lady the Queen by word only without Writing sealed can give sufficient License in Law to the said Mark Steward to absent himself from the exercising of his Office aforesaid the Jurors aforesaid are utterly ignorant and thereof pray the ayd and advise of the Court here in the premises And if upon the whole matter aforesaid it shall seem to the Court of the Lady and Queen here That the said Lady the Queen that now is can by word only without her writing sealed give sufficient License in Law to the said Mark to absent himself from the exercising of his Office aforesaid Then the said Jurors say That the said Lady the Queen that now is gave Licence to the said Mark Steward to absent himself from the exercise of his Office aforesaid during the pleasure of him the said Mark until he should be commanded by the said Lady the Queen to serve in his Office aforesaid in manner and form as the said Mark above in pleading alledged And if upon the whole matter aforesaid It shall seem to the Court of the Lady the Queen here That the said Lady the Quâ—en cannot by word only without her Writing sealed give sufficient license in Law to the said Mark to absent himself from the exercising of his Office aforesaid Then the Jurors aforesaid say That the said Lady the Queen did not give license to the said Mark to absent himself from the exercising of his Office aforesaid during the pleasure of him the said Mark until he should be commanded by the said Lady the Queen to serve in his Office aforesaid And because the Court of the Lady the Queen here of giving their Judgement thereof is not yet avised c. Therefore day thereof is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward until in 8. dayes of Saint Michael before the Lady the Queen wheresoever c. in state as now c. to hear their Judgement thereof c. At which 15. dayes from Saint Michael before the Lady the Queen at VVestminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the aforesaid Mark by his Attorny aforesaid And because the Court of the Lady the Queen here of giving their Judgement thereof are not yet avised c. Therefore further day thereof is given as well to the aforesaid Gilbert Gerrard who prosecutes c. as to the aforesaid Mark Steward until from the day of Saint Martin 15. dayes before the Lady the Queen wheresoever c. in state as now c. to hear their Judgement thereof c. At which 15. dayes from Saint Martin before the Lady the Queen at Westminster come as well the aforesaid Gilbert Gerrard who prosecutes c. as the said Mark Steward by his Attorny aforesaid Upon which all and singular the premises being seen and fully understood by the Court here and mature deliberation being had thereof the Queens Serjeant at Law and the Attorny General of the said Queen being called to it and present It was awarded That the said Office of Serjeant at Arms holden in the Hands of the said Lady the Queen be restored to the said Mark And that the said Mark Steward to the exercising and holding of his Office aforesaid from which he was amoved together with the Wages and Fees thereof to the said Office due and belonging from the time of his amoving from the exercising of his Office aforesaid hitherto received and with-holden be restored c. Saving the Right of the Queen if any c. TRESPAS Hillary Term Anno 41. Elizabeth Rott 1049. in the COMMON-PLEAS C. â— part Corbets Case fol. 77. b. ROwland Corbet late of Stokefaston in the County aforesaid Esquire was Leicest attached to answer to Arthur Corbet Gentleman of a Plea wherefore with force and Arms the Close of the said Arthur at Stokefaston aforesaid he broke and his Grasse there to the value of 10. pound growing with certain Cattel Fedd Trod and Consumed and other harms to him did to the great damage of the said Arthur and against the Peace of the Lady the Queen that now is c. And whereupon the said Arthur by Lawrence Lyter his Attorny complaineth That the said Rowland the 20th day of June in the yeer of the Reign of the Lady the Queen that now is the 40th with Force and Arms c. the Close of him the said Arthur at Strokefaston broke and his Grasse there to the value c. there then growing with certain Cattel that is to say with Horses Cows Hoggs and Sheep fed trod and consumed and other harms c. to the great damage c. and against the Peace c. Whereupon he saith that he
of the aforesaid Arthur in manner and form aforesaid above by Replication pleaded is not sufficient in Law to maintain the said Arthur to have his Action aforesaid against him and that he to that Replication in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver Wherefore for want of a sufficient Replication in this behalf The said Rowland demandeth Judgement and that the aforesaid Arthur from having his Action aforesaid against him be barred c. And the aforesaid Arthur in as much as he sufficient matter in Law to have and maintain his Action aforesaid against the said Rowland above by Replication hath alleged which matter the aforesaid Rowland doth not deny nor to the same any wayes answereth but that averment utterly refuseth to admit as at first demandeth Judgement and his damages by occasion of the Trespass aforesaid to him to be adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of the Purification of the blessed Mary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the said Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties here until from the day of Faster 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises further day is given to the parties here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judement thereof Day is given to the parties here in 8. dayes of Saint Michael to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day further is given to the parties here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the Justices here thereof not yet At which day here cometh as well the said Arthur as the aforesaid Rowland by their Attornies aforesaid and upon this the Plea aforesaid being seen as also the Plea of the aforesaid Arthur above by Replication pleaded and by the Justices here fully understood It seemeth to the same Justices here that that Plea in manner and form aforesaid pleaded is not sufficient in Law to maintain the said Arthur to have and maintain his Action aforesaid against the aforesaid Rowland Therefore it is granted That the aforesaid Arthur take nothing by his Writ aforesaid but be in Mercy for his false clamour and that the aforesaid Rowland thereof go without day c. Afterwards that is to say the 30th day of Aprill in the yeer of the Reign of the said Lady the Queen that now is the 42th The Record and Processe of the Plaint aforesaid with all the same by virtue of a Writ of the said Lady the Queen for Correcting Errors whose date is at Westminster the 12th day of Aprill in the 42th yeer aforesaid to Edmond Anderson Knight directed and the aforesaid Defendant touching before the said Lady the Queen wheresoever c. are sent c. TRESPAS Easter Term Anno 21. ELIZABETH Rot. 58. in the KINGS-BENCH C. 1. part Shelleys Case fol. 88. b. MEmorandum That at another time That is to say in Hillary Term Sussex last past before the Lady the Queen at Westminster came Nicholas Wolfe by Nicholas Mosley his Attorny And brought in the Court of the said Lady the Queen then there his Bill against Henry Shelley Esquire of a Plea of Trespass are Pledges of Sute that is to say John Doo Ric. Roo which Bill followeth in these words that is to say ss Sussex ss Nicholas Wolfe complaineth of Henry Shelley Esquire in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Lady the Queen her self being of that That he the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is of England the 20th with force and Arms c. The Close and House of him the said Nicholas called Barhamwick otherwise Barhamweek at Augmering in the County aforesaid broke and entred and his grass there to the value of 100. Marks there late growing with certain Cattel that is to say Horses Oxen Cows Hoggs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said Nicholas 100. pound and thereof he bringeth Sute c And now at this day that is to say Wednesday next after 18. dayes of Easter this Term until which day the said Henry Shelley had leave to the Bill aforesaid to imparl and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid Nicholas Wolfe by his Attorny aforesaid as the aforesaid Henry Shelley by Richard Best his Attorny and the said Henry doth defend the force and injury when c. And saith He is not thereof guilty And of this puts himself upon the Country And the said Nicholas likewise c. Therefore a Jury thereof is to come before the Lady the Queen at Westminster upon Friday next after the Morrow of the Holy Trinity And who neither c. To Recognize c. Because as well c. Afterwards the Processe thereof is continued between the parties aforesaid of the Plea aforesaid by Jurors put thereof between them in respite before the Lady the Queen at Westminster until the day of June next after 3. Weeks of Easter then next following for default of Jurors c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And the Jurors of the Jury aforesaid being called likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath That long before the time of the Trespass supposed to be done The Lord Henry late King of England the 8th Father of the Lady the Queen that now is amongst other things was seized of the Tenements aforesaid with the Appurtenances in the Declaration aforesaid above specified in his Demesn as
from thence next following fully to be compleated By virtue of which Demise The said Nicholas into the Tenements aforesaid with the Appurtenances entred and was thereof possessed until the aforesaid Henry Shelley now Defendant the aforesaid 7th day of November in the yeer of the Reign of the said Lady the Queen that now is the 20th aforesaid with force and Arms c. the Close and House aforesaid brake and entred and the Grasse aforesaid with his Cattel was eaten trodden and consumed in manner and form as the aforesaid Nicholas above against him declared And they pray the Advise of the Lady the Queen here And if upon the whole matter aforesaid found It shall seem to the Court of the Lady the Queen here That the Entry of the aforesaid Henry into the Tenements with the Appurtenances upon the possession of the said Nicholas be a good and a lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Henry is not guilty of the Trespass aforesaid in manner and form as the said Nicholas Wolfe now Plaintiff above in pleading hath alleged And if upon the whole matter aforesaid it shall seem to the Court of the Queen here That the Entry of the aforesaid Henry Shelley now Defendant into the Tenements aforesaid with the Appurtenances upon the possession of the aforesaid Nicholas be not a good and lawful Entry in Law Then the Jurors say upon their Oath That the aforesaid Henry Shelley now Defendant is guilty of the Trespass aforesaid in manner and form as the aforesaid Nicholas Wolfe above against him complaineth And they assesse the damages of the said Nicholas by occasion of that Trespass above his Costs and Charges by him about his Sute in this part expended to 20. shil and for his costs and charges to 40. shil And because the Court of the Lady the Queen here of giving their Judgement thereof is not yet avised Day is given to the parties aforesaid until the Morrow of the Holy Trinity to â—ear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement is not yet avised of and upon the premises Day is given to the parties aforesaid before the Lady the Queen at WESTMINTER until Monday next after 8. dayes of St. Michael to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at VVestminster come the parties by their Attornies aforesaid And because the Court of the Lady the Queen here is not yet avised of giving their Judgement of and upon the premises Day thereof is given to the parties aforesaid before the Lady the Queen at Westminster until Monday next after 18. dayes of Saint Hillary to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Wednesday next after 18. dayes of Easter to hear their Judgement thereof c. Because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster upon Friday next after the Morrow of the Holy Trinity to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid Upon which seen and by the Court of the Lady the Queen here all and singular the premises fully understood mature deliberation thereof being had For that it seemeth to the Court of the said Lady the Queen here upon the whole matter aforesaid in form aforesaid found That the aforesaid Entry of the aforesaid Henry Shelley now Defendant into the Tenements aforesaid with the Appurtenances upon the possession of the said Nicholas is a good and lawful Entry in Law Therefore it is granted That the aforesaid Nicholas Wolfe take nothing by his Bill aforesaid but for his false Clamour be in Mercy And the aforesaid Henry Shelley go thereof without day c. TRESPAS Michaelmasse Term Anno 27. 28. ELIZABETH in the KINGS-BENCH Rot. 58. Co. 1. part Albanyes Case fol. 107. MEmorandum That upon Saturday next after 8. dayes of Saint Michael Middles this Term before the Lady the Queen at Westminster came John Greendon Gentleman by William Goldsmith his Attorny and brought here in the Court of the said Lady the Queen there his Bill against Thomas Albany in the Custody of the Marshal c. of a Plea of Trespass and are Pledges of Sute John Doo and Richard Roo which Bill followeth in these words ss Middlesex ss John Greendon Gentleman complaineth of Thomas Albany in the Custody of the Marshal of the Marshalsey before the Queen her self being For that That he the first day of June in the yeer of the Reign of the said Lady the Queen that now is the 27th with force and Arms c. the Close of him the said John at Willesdon broke and entred and his Grass to the value of 10. pound there then growing with certain Cattel that is to say Horses Oxen Cows and Sheep fed trod and consumed and other harms to him did to the great damage of the said John and against the Peace of the Lady the Queen that now is whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof bringeth Sute c. And the aforesaid Thomas Albany cometh by Anthony Felton his Attorny and defendeth the force and injury when And as to the coming with force and arms and whatsoever is against the Peace of the said Lady the Queen that now is saith That he is not thereof guilty and of this puts himself upon the Country And the said John likewise c. And as to the rest of the Trespass supposed to be done The said Thomas saith ought not to have or maintain his Action against him because he saith That the place in which it is supposed the Trespass aforesaid to be done containeth and at the time in which c. did contain in it self 20. Acres of Pasture with the Appurtenaaces in Willesdon aforesaid and as to any Trespass in five
That the aforesaid Entry of the aforesaid John â—rayne into the Close within written with the Appurtenances in which c. in and upon the possession of the aforesaid VVilliam Dillon thereof be a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the aforesaid John Frayne is not guilty of the Trespasse within written as the aforesaid John Frayne within hath alleged And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet a vised Day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Monday next after one Moneth of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid here in state as now before the Lady the Queen at Westminster until Fryday next after the Morrow of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here of their Judgement thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Monday next after three Weeks of Saint Michael to hear their judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Saturday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties in state as now before the Lady the Queen at Westminster until Saturday next afer 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties in state as now before the Lady the Queen at Westminster until Saturday next after 8. dayes of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Thursday in the Feast of St. Martin to hear their Judgement of and upon the premises because the Court of the Lady the Queen thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Tuesday next after the Morrow of the Purification of the blessed Mary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Q. at West come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of upon the premises is not yet avised Day is given to the parties aforesaid in state as now before the Lady the Que. at Westminster until Monday next after 8. dayes of Saint Michael to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the said Lady the Queen of Common Adjornment before the Lady the Queen until from the day of Saint Michael in one Moneth then next following wheresoever c. At which day the Plea aforesaid was further adjorned by another Writ of the said Lady the Queen of Common Adjornment before the said
Lady the Queen until the Morrow of All Souls then next following At the Castle of Hertford At which day before the Lady the Queen at the Castle of Hertford come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at the Castle of Hertford until Tuesday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment before the Lady the Queen in 8. dayes of Saint Hillary at Westminster At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not yet avised further day is given to the parties in state as now before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at VVestminstrr until Tuesday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day The Plea aforesaid was adjorned by the Writ of the Lady the Queen of Cōmon Adjornment before the Lady the Queen until the day from Saint Michael in one Moneth then next following At the Town of Saint Alban in the County of Hertford At which day the Plea aforesaid by another Writ of the said Lady the Queen of Common Adjornment was adjorned before the said Lady the Queen until the Morrow of All Souls then next following at the aforesaid Town of St. Alban At wch day before the Lady the Q. at the aforesaid Town of St. Alban come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not avised further day is given to the parties aforesaid in state as now before the Lady the Queen at the aforesaid Town of Saint Alban until Wednesday next after 8. dayes of Saint Hillary to hear their Judgement of upon the premises because the Court of the Lady the Queen here therof not yet c. Before which day the Plea aforesaid was adjorned by another Writ of Common Adjornment before the Lady the Queen from the aforesaid Town of Saint Alban until the said 8. dayes of Saint Hillary at Westminster aforesaid At which day before the Lady the Queen at VVestmin come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day thereof is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until VVednesday next after 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further is given to the parties aforesaid in state as now before the Lady the Queen at VVestminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westmin come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Que. here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the said Lady the Queen at VVestminster until Tuesday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day thereof is further given to the parties aforesaid before the Lady the Queen at VVestminster until Thursday next after 8. dayes of Saint Hillary to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneys aforesaid Upon which all singular the premises being seen by the Court of the Lady the Queen here well understood and diligently looked into mature deliberation being thereof had because it seemeth to the Court of the Lady the Queen that now is here That the aforesaid Entry of the aforesaid John Frayne into the Close within written with the Appurtenances in which c. in and upon the possession of the aforesaid William Dillon thereof is a good and lawfull Entry It is granted That the aforesaid William Dillon take nothing by his Bill aforesaid but for his false clamour be in mercy c. And the aforesaid John Frayne thereof go without day c. TRESPAS Trinity Term Anno 24. ELIZABETH Rot. 928. in the COMMON-PLEAS Co. 2. part Thoroughgoods Case Fol. 5. b. WIlliam Cole late of Great Paringdon in the County aforesaid Gent. Essex was attached to answer to William Thoroughgood of a Plea wherefore with force and arms the Close and House of him the said William Thoroughgood at great Paringdon he brake and his grass there
to the Sheriff that he cause to come from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. To Recognize c. Because as well c. Afterwards the processe was continued between the parties aforesaid of the Plea aforesaid by Jurors put between them in respite here until this day that is to say the Morrow of Saint Martin in the yeer of the Reign of the Lady the Queen that now is 25th And now at this day come as as well the aforesaid VVilliam Thoroughgood as the aforesaid VVilliam Cole by their Attornies aforesaid And the Jurors thereof impannelled likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath that the aforesaid VVilliam Thoroughgood is a Lay-man and unlearned and that divers arrerages of the yeerly payments aforesaid to the aforesaid VVilliam Thoroughgood the aforesaid time of making of the aforesaid Writing of Release were unpaid And also that the said Wriging of Release at the time of the sealing thereof was not read to the aforesaid VVilliam Thoroughgood But after one Thomas VVard had begun to read that Writing to the aforesaid VVillam Thoroughgood One John VVard snatcht that Writing out of the hands of the aforesaid Thomas before he had read the first line thereof saying to the aforesaid VVilliam Thoroughgood these words following Good-man Thoroughgood you are a man unlearned and I will declare it unto you and make you understand it better than you can by hearing it read And afterwards the aforesaid John VVard declared the aforesaid Writing of Release to the aforesaid VVilliam Thoroughgood in these words following Good-man Thoroughgood the effect of it is this That you do release to VVilliam Chicken all the arrerages of Rent that he doth ow you and no otherwise and then you shall have your Land again meaning the Tenements aforesaid of new assigned To which the aforesaid VVilliam Thoroughgood then answered in these words following that is to say If it be no otherwise I am content And upon that The said VVillam Thoroughgood giving credit to the words of the aforesaid John VVard then and there sealed the said Writing of Release and delivered it to the aforesaid VVilliam Chicken But whether upon the whole matter in form aforesaid found The said Writing of Release be and in Law ought to be adjudged the deed of the aforesaid VVilliam Thoroughgood or not the Jurors aforesaid are utterly ignorant And thereof pray the Advise of the Justices and the Court here And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here that the Writing is not nor ought in Law to be adjudged the deed of the aforesaid VVilliam Thoroughgood Then the said Jurors say upon their Oath That the aforesaid Writing of Release is not the deed of the aforesaid VVillliam Thoroughgood as the said William above allegeth and they assesse Damages of the said William Thoroughgood by occasion of the Trespasse aforesaid above his costs and charges by him in this part about his Sute expended to 20. shillings and for his costs and charges to 12. pence And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here That the Writing aforesaid of Release is the deed of the aforesaid William Thoroughgood as the aforesaid VVilliam Cole above hath alleged Then the said Jurors say upon their Oath That the said Writing of Release is the deed of the aforesaid William Thoroughgood as the said William Cole above hath alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to here their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further day is given to the parties aforesaid here from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And upon this The premises being seen and by the Justices here fully understood It is granted That the aforesaid William Thoroughgood shall recover against the said William Cole his damages to 21. shillings by the Jurors aforesaid in form aforesaid assessed as also 23. pound 19. shillings to the said VVilliam Thoroughgood at his Request for his costs and charges aforesaid by the Court of Encrease adjudged which damages in the whole do amount to 25. pound and that the aforesaid VVilliam Cole be taken c. TRESPAS Easter Term Anno 310. ELIZABETH Rot. 115. in the COMMON-PLEAS C. 2. part Baldwins Case fol. 18. CCristopher Marton late of Marton in the County aforesaid Esquire was York Attached to answer Anthony Baldwin of a Plea wherefore with force and Arms the Close of him the said Anthony at Marton he brake and his Corn there to the value of 10. pound there late growing with his Feet trod and consumed and other harms to him did to the grievous damage of him the said Anthony and against the Peace of the Lady the Queen that now is c. And whereupon the said Anthony by Robert Somervile his Attorny complaineth That the aforesaid Christopher the 10th day of September in the yeer of the Reign of the Lady the Queen that now is the 30th with force and Arms the Close of him the said Anthony at Marton broke and his Corn that is to say Oats to the value c. then there late growing with his Feet trod and consumed And other harms c. Whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof he bringeth Sute c. And the aforesaid Christopher by VVilliam Barton his Attorny cometh and defendeth the force and injury when c. And as to the force and Arms he saith that he is thereof not guilty And as to the rest of the Trespass aforesaid supposed to be done The said Christopher saith That the aforesaid Anthony his Action against him ought not to have Because he saith That the Close aforesaid as also the places in which it is supposed the Trespass aforesaid to be
That the said Christo the day and yeer in the Declaration above specified entred into the aforesaid 4. acres of Land with the Appurtenances in which c. upon the possession of the aforesaid Anthony and the Oats within written then there with his Feet trod and consumed as the aforesaid Anthony within against him complaineth But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land with the Appurtenances in which c. be a good and lawful Entry or not the said Jurors are utterly ignorant And thereof pray the Advise and Judgement of the Justices of the Court here And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher be not a good and lawful Entry in Law in the aforesaid 4. acres of Land upon the possession of the said Anthony Then the said Jurors say upon their Oath That the aforesaid Christopher is guilty of the Trespass in the aforesaid 4. acres of Land within new assigned as the aforesaid Anthony within against him complaineth And then they assesse the damages of the said Anthony by occasion of that Trespass above his costs and charges by him about his Sute in this behalf expended to 20. shillings and for his costs and charges to 40. shillings And if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land new assigned upon the possession of the said Anthony is a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Christopher is not guilty of the Trespas within written in the within written 4. acres of Land within new assigned And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the said Justices here thereof not yet c. At which day come as well the said Anthony as the aforesaid Christopher by their Attorney aforesaid and upon this all and singular the premises being seen and by the Justices c. fully understood It is granted that the aforesaid Anthony recover against the aforesaid Christopher his damages to 3. l. by the Jurors aforesaid in form aforesaid Assessed as also 11. l. 6. s. 8. d. to the said Anthony at his request for his costs and charges by the Court here of increase adjudged which damages in the whole amount to fourteen pound six shillings and eight pence and that the aforesaid Christopher be taken c. TRESPAS Michaelmass Term Anno 36. and 37. ELIZABETH Rot. 136. in the KINGS-BENCH Co. 2. part Tookers Case Fol. 62. MEmorandum that at another time that is to say in the Term of Easter Devon last past before the Lady the Queen at Westminster came William Rud by Michael Bland his Attorney and brought here in the Court of the said Lady the Queen that now is then there his Bill against Edward Tooker in the custody of the Marshall c. of a Plea of Trespass and are Pledges of Sute that is to say John Doo and Richard Roo which Bill followeth in these words ss Devon ss William Rud complaineth of Edward Tooker in the custody of the Marshall of the Marshal-Sea of the Lady the Queen before the Queen her self for that he the first day of April in the year of the Reign of the Lady Elizabeth now Queen of England the 36th with force and Arms c. the Close and house of him the said William called Bertonland otherwise the Barton of Sprecombe at Morthoe in the County aforesaid broke and entred and his grass of the value of an hundred Marks in the Close aforesaid then late growing with certain Cattel that is to say with Horses Oxen Cows Hogs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said William an hundred pound and thereof bringeth sute c. And now at this day that is to say VVednesday next after eight dayes of Saint Michael this Term until which day the aforesaid Edward had leave to impart to the said Bill and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid William by his Attorney aforesaid as the aforesaid Edward by John Halstaff his Attorney And the said Edward defendeth the force and injury when c. and saith that he is not thereof guilty and of this puts himself upon the County and the aforesaid William likewise c. Therefore it is commanded the Sheriff that a Jury come before the Lady the Queen at Westminster Friday next after 15. days of St. Hillary c. and who neither c. to recognize c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the Process is continued between the parties aforesaid of the Plea aforesaid by Jurors thereof betwixt them put in respite of the Plea aforesaid before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter then next following unless the justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 10th day of March at the Castle of Exeter in the County aforesaid by form of the Statute c. come for want of jurors c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief justice of the Lady the Queen of the Bench and Thomas Walmesley one of the justices of the said Lady the Queen of the Bench justices of the said Lady the Queen to Assizes in the County of Devon to be taken assigned by form of the Statute c. come as well the within named William Rud by Erasmus Ford his Attorny as the within written Edward Tooker by Thomas Clayton his Attorny And the jurors of the jury whereof within mention is made being called some of them that is to say David Matacotâ— of Saint Giles John Hayman of Shelbere John Hooper of Westdown Richard Clyeff of Chanford John Bow of the same and John Hole of Drew Steinton came and are sworn in the said Jury And because the rest of the Jurors of the said Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid chosen at the request of the said William Rud and by the Command of the justices
against him complaineth But whether upon the whole matter aforesaid in form aforesaid found The aforesaid Entry of the said Edward into the Tenements aforesaid with the Appurtenances in which c. be a good and lawful Entry in Law or not the Jurors aforesaid are utterly ignorant And thereof pray the Advise and Consideration of the Court c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Edward in the Tenements aforesaid with the Appurtenances in which c. in and upon the possession of the said William Rud be not a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Edward Tooker is guilty of the Trespass within written as the said W. Rud above against him complaineth And assess the damages of the said William Rud by that occasion above his costs and charges by him about his Sute in that behalf expended to 6. pence and for his costs and charges of 20. shillings And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Edward in the Tenements within wrtten with the Appurtenances in which c. in and upon the possession of the aforesaid William be a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the aforesaid Edward is not guilty of the Trespass within written as the said â—dward above against him allegeth And because the Court of the said Lady the Q. here of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at VVestminster aforesaid until Thursday next after the Morrow of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queeen at Westminster until Fryday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after 18. dayes of Easter to hear their Judgement of and upon the premises because the said Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster until Saturday next after 8. dayes of Saint Michael to hear their Judgement o and upon the premises because the Court of the Lady the Queen here thereof yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at VVestminster aforesaid until Monday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. days of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further thereof is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. AT which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Monday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Monday next after 8. dayes of Saint Hillary to hear
their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westmin aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the said Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity to hear their Judgement thereof because the Court of the Lady the Queen here therof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Wesminster aforesaid until Monday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at West aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westmin aforesaid until Tuesday next after 8. dayes of Saint Hillary to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Wesminster aforesaid until Wednesday next 18. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until the Morrow of Holy Trinity to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the partes aforesaid before the Lady the Queen at Westminster aforesaid until Tuesday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster until Thursday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until VVednesday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid Upon which all and singular the premises being seen and by the Court of the Lady the Queen here fully understood and mature deliberation being had thereof Because it seemeth to the said Court of the said Lady the Queen and the Justices here That the aforesaid Entry of the aforesaid Edward into the Tenements aforesaid with the Appurtenances in which c. in and upon the possession of the said William thereof is a good and lawful Entry in Law Therefore it is granted That the
whether upon the whole matter aforesaid in form aforesaid found The aforesaid Richard Sutton and John Law be guilty of the Trespasse aforesaid or not the said Jurors are utterly ignorant And pray the advise of the Court here c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here That the aforesaid Richard Sutton and John Law are guilty of the Trespasse aforesaid as the said Simon Baxter against them complaineth Then they assesse the damages of the said John Baxter by occasion of that Trespasse of costs and charges by him about his Sute in his part expended to one penny and for his costs and charges to 12. pence And it upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Court here That the aforesaid Richard Sutton and John Law are not guilty of the Trespasse aforesaid Then the said Jurors say upon their Oath aforesaid That the aforesaid Richard Sutton and John Law are not thereof guilty as the aforesaid Richard Sutton and John Law above for them have alleged And because the Court of the Lord the King here is not yet avised of and upon the premises day thereof is given to the parties before the Lord the King at Westminster until Wednesday next after 15. days of Easter to hear their Judgemēt of upon the premises because the Court of the L. the K. here therof not yet c. At which day before the Lord the King at Westm come the parties aforesaid by their Attornies aforesaid And because the Court of the Lord the King here is not yet avised of giving their Judgement of and upon the premises day thereof is further further given to the parties aforesaid before the Lord the King at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement thereof because the Court of the Lord the King here thereof not yet c. Upon which The premises by the Court of the Lord the King that now is here seen and all and singular the premises fully understood and mature deliberation being thereupon had For that it seemeth to the Court of the Lord the King that now is here upon the whole matter aforesaid in form aforesaid found That the aforesaid Richard Sutton and John Law are not guilty of the Trespasse aforesaid as the said Richard Sutton and John Law above for them have alleged It is granted that the aforesaid Simon Baxter take nothing by his Bill aforesaid but for his false clamor thereof be in mercy c. And that the aforesaid Richard Sutton and John Law go thereof without day c. And that the aforesaid Richard Sutton and John Law recover against the aforesaid Simon Baxter 24. pound for their costs and charges by them about their defence in this part expended to the said Richard Sutton and John Law with their assent by the Court of the Lord the King here according to the form of the Statute in such case late made and provided adjudged And that the aforesaid Richard Sutton and John Law have Execution thereof c. WASTE Hillary Term 340. ELIZABETH in the COMMON-PLEAS Rot. 2380. Co. 4. part Hyndes Case Fol. 68. ELizabeth Hynde was summoned to Answer to Richard Libb Esquire of Oxon. a Plea Wherefore Whereas of the Common Counsell of the Realm of the Lady the Queen of England it is provided That it shall not be law-for any one waste spoyle or destruction to do in Lands Houses Woods or Gardens to him demised for Term of life or yeers The said Eliza. of Lands and Woods in Goring and Whitchurch which she holdeth for Term of yeers of the demise of Robert Garrard of the aforesaid Richard of the Assignment of William Haw who those to the said Robert demised for the said Term thereof made to the said Richard did waste spoyle and destruction to the dissenherisin of him the said Richard and against the form of the Provision aforesaid c. And whereupon the said Richard by Thomas Lane his Attorny saith That whereas the aforesaid William Haw was seised of a Messuage called Haw Place 200. Acres of Land 10. Acres of Meadow 100. Acres of Pasture and 50. Acres of Wood with the Appurtenances in Goring and Whitchurch aforesaid in his Demesn as of Fee And so thereof being seised the 4th day of January in the yeer of the Reign of the said Lady the Queen that now is the 28th at Goring aforesaid By Indenture between the aforesaid William Haw of Haw Place in the Parish of Goring in the County of Oxon. Yeoman of the one part and the aforesaid Robert Garrard by the name of Robert Garrard of Hedsor in the County of Buckingham Gentleman made One part of which sealed with the Seal of the aforesaid Robert the said Richard here in Court brings whose date is the same day and yeer demised to the said Robert the Tenements aforesaid with the Appurtenances Except during the life of Agnes Haw Mother of the said William such part of the Messuage aforesaid parcel of the premises Orchard and Garden One Close called Reaves Dean and one Close called Bell Close and one Orchard called the Orchard Pedel parcel of the premises which the said Agnes then occupied and then had taken and agreed to receive for her Dower of in and for the Tenements aforesaid with the Appurtenances To have and to hold the said Tenements with the Appurtenances except before excepted to the said Robert and his Assigns from the Feast of the Birth of our Lord God then last past until the end and Term of 16. yeers from thence next insuing and fully to be compleat and ended By virtue of which Demise the said Robert in the Tenements aforesaid with the Appurtenances above in form aforesaid demised entred and was thereof possessed and so thereof being possessed the 20th day of August in the yeer of the Reign of the said Lady the Queen that now is the 29th at Goring aforesaid granted all his Estate Interest and Term of yeers which he had then to come of and in the aforesaid Tenements with the Appurtenances above in form aforesaid demised to the aforesaid Elizabeth Hynde By virtue of which grant the aforesaid Elizabeth into the said Tenements with the Appurtenances above in form aforesaid demised entred and was thereof possessed And the aforesaid Elizabeth being thereof so possessed and the aforesaid VVilliam Haw of the Reversion thereof in form aforesaid being seised the said William the 7th day of March in the yeer of the Reign of the said Lady the Queen that now is the 30th at Goring aforesaid By his Indenture of Bargain and Sale made between him the said William of the the one part and the aforesaid Richard of the other part one part of which sealed with the Seal of the said William the said Richard here in Court brings whose Date the is same day and yeer and in the Court of the
called came who to say the truth of the matters within contained being chosen tried and sworn say upon their Oath That the said Humphry Morley did buy of the said John Slade the within written Wheat and Rye in eares upon the within written Close as is said before growing being for 16. pound of good and lawful mony of England To be paid to the said Iohn Slade in the Feast of St. Iohn the Baptist then next following as in the Declaration within written is within specified And further The said Jurors say upon their Oath aforesaid That betwixt the said Iohn Slade and the said Humphry Morley There was no promise or taking upon him besides the bargain aforesaid But whether upon the whole matter aforesaid by the said Jurors in form aforesaid found The said Humphry Morley did take upon him in manner and form as in the Declaration within written within specified or no the said Jurors are altogether ignorant and thereof they ask the Advice and Consideration of the Court here c. And if upon the whole matter aforesaid by the said Jurors in form aforesaid found It shall seem to the Justices of the Court here That the said Humphry Morley did take upon him in manner and form in the Declaration within specified Then the said Jurors say upon their Oath aforesaid That the aforesaid Humphry Morley did take upon him in manner and form as the aforesaid Iohn Slade within against him complaineth And then they do assesse the damages of the said Iohn Slade by occasion of not performance of his promise and taking upon him within written besides his charges and his costs by him in the sute aforesaid by him expended to Sixteen pounds And for those charges and costs by Twenty Shillings And if upon the whole matter by the said Jurors in form aforesaid found It shall seem to the said Justices and Court here That the said Humphry Morley did not take upon him in manner and form in the Declaration within specified Then the said Jurors say upon their Oath That the said Humphry did not take upon him in manner and form as the said Humphry hath within alleged And because the Court of the Lady the Queen here of their judgement of and upon the premises to be given is not yet avised Day is given to the parties aforesaid in State as now it is before the Lady the Queen at Westminster until Monday next after 15. dayes of the Holy Trinity to hear their judgement of and upon the premises Because the Court of the Lady the Queen here thereof not yet c. And so from Term to Term untill Saturday next after 8. dayes of St. Michael to hear their judgement of and upon the premises Because the Court of the Lady the Queen here not yet c. At which day before the Lady the Queen at Westminster aforesaid came the parties aforesaid in their proper persons Upon which seen and by the Court of the Lady the Queen all and singular the premises fully understood and mature deliberation being thereupon had For that it seemeth to the Court of the said Lady the Queen now here That the said Humphry did take upon him in manner and form in the Declaration aforesaid above specified It is granted That the aforesaid John Slade shall recover against the said Humphry Morley his damages and costs aforesaid by the Jurors aforesaid in form aforesaid assessed As also Nine pounds for his charges and costs aforesaid to the said John Slade by the Court of the said Lady the Queen here by his assènt of encease adjudged which damages in the whole do amount to Twenty and six pounds And the said Humphry Morley in mercy c. Hillary Term. 8. Jacobi Rott 1112. William Banes Case C. 9. part fol. 91. a. Mâ—morandum That at another time that is to say In the Term of St. Michael last past before the King at Westminster cometh William Banes by Thomas Ferrer his Attorny and brought here in the Court before the said Lord the King that now is his Bill against Edward Paine and Mary his Wife in the Custody of the Marshal of a Plea of Trespass upon the Case And are Pledges of Sute that is to say John Doo and Richard Roo Which Bill followeth in these words ss Willam Banes complaineth of Edward Paine and Mary his Wife in the Custody of the Marshall of the Marshalsey of the Lord the King before the King himself being for that is to say That whereas one William Havert in his life time the late Husband of the aforesaid Mary That is to say the first day of March in the year of the Reign of the Lord James that now is King of England the 6th at London that is to say in the Parish of the blessed Mary of Bow in the Ward of Cheap London was indebted to the said William Banes in 77. pounds of lawful Money of England for divers summs of Mony to him the said William Havert by the aforesaid William Banes give to loan and lent And so being endebted the said William Havert afterwards that is to say the 6th day of April in the year of the Reign of the Lord the King that now is of England the 7th at London in the Parish and Ward aforesaid lying sick earnestly required the said Mary then his Wife to pay to the said William Banes after the death of the said William Havert the said 77. pounds And then and there the said William Havert made his Testament and last Will and made and constituted the said Mary Executrix of his said last Will then there dyed After whose death the said Mary took opon her the burthen of Execution of the Testament aforesaid And whereas the aforesaid Mary after the death of the said William Havert by colour of the last Will aforesaid was possessed of the interest of a Term for divers years then and yet to come Of and in certain Gardens and a Bowling-Ally scituate and being in Morefield that is to say in the Parish of St. Leonard in Shordich in the County of Midd. And the said Mary when she was single perceiving that the aforesaid William Banes intented to trouble and sue the said Mary for the aforesaid 77. pounds because that the said Mary the said 77. pounds to the said William Banes after the death of the aâ—oresaid William Havert her Husband deceased had not paid the said Mary whilest she was single afterwards that is to say 25th day of June in the year of the Reign of the said Lord the King that now is of Engl. the 7th aforesaid At London aforesaid in the Parish and Ward aforesaid In consideration that the said William Banes at the instance and especial request of the said Mary should not trouble or sue the said Mary for the said 77. pounds but would forbear the payment thereof until the next Quarter that is to say until the Feast of St. Michael the Archangel then next following Promised unto the said
of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Thomas and for default of such issue male of the Body of such ninth Son To the use of Rich. Vavasor Brother of the said Peter Vavasor Esq for term of his natural life without impeachment of any wast after his decease to the use of the Eldest son Lawfully begotten of the body of the the said Richard Vavasor and of the Heirs males of the Body of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Richard and for default of such issue male of such ninth Son to the use of the Heirs males of the Body of Sir Peter Vavasor of Spaldington Knight Lawfully begotten And for default of such issue male To the use of the right Heirs of the said Richard Vavasor for ever c. Provided c. And farther the Recognitors aforesaid say upon their Oath aforesaid That the aforesaid TenemeÌ„ts with the appurtenances in their view put and in the plaint aforesaid specified and in the recovery aforesaid comprized are parcel of the Mannors Lands and Tenements in the Indenture aforesaid specified and not other nor diverse But whether the Indenture aforesaid after the recovery aforesaid by the aforesaid Peter Vavasor Esquire in form aforesaid made and had bearing date the aforesaid first day of February and first delivered the aforesaid 15th day of February in the 15th year abovesaid after the recovery aforesaid being to the uses in the same specified be good and sufficient in Law to have and declare the uses of the aforesaid recovery of the aforesaid Tenements in the view of the Recogniters put and in the plaint aforesaid specified with the appurtenances or not The said Recognitors are altogether ignorant and thereof pray the advice of the Justices aforesaid and of the Court here c. And if to the same Justices and to the Court here It shall seem That the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the aforesaid Recovery in form aforesaid had and made bearing date the aforesaid first day of February and first delivered the 15th day abovesaid after the recovery aforesaid To the uses in the said Indenture specified be good and sufficient in Law to read and declare the uses of the recovery aforesaid of the tenements aforesaid in the view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said Recovery of the Tenements aforesaid in view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified was to the uses in the said Barr of the said Edward specified in manner and form as the said Edward in his Bar aforesaid above alleged And that the aforesaid George Richard Coats John William Robert Thissilwood and Robert Ward did not disseise the aforesaid Thomas Dowman and Elizabeth of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances as the said George Richard Coates John William Robert and Robart above have alleged And if it shall seem to the same Justices and to the Court here that the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the Recovery aforesaid in form aforesaid made and had bearing date the aforesaid first day of February in the 15th yeare aforesaid after the aforesaid Recovery is insufficient in Law to lead and declare the uses of the Recovery aforesaid of the Tenements aforesaid in view of the Recognitors put and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said recovery of the Tenements aforesaid was not to the uses in the said Bar of the said Edward specified in manner and form as the aforesaid Thomas Dowman and Elizabeth above have alleged and that the aforesaid Thomas Dowman and Elizabeth were seised of the Tenements aforesaid in the view of the same Recognitors put and in the plaint aforesaid specified with the appurtenances in their demesn as of Fee in the right of the said Elizabeth until the aforesaid Edward Vavasor George Vavasor Richard Coates John Lawson William Musgrave Kobert Thissilwood and Robert ward them the said Thomas and Elizabeth thereof unjustly and without Judgment but not with force and Armes disseised them and then they assesse the Damages of the said Thomas Dowman and Elizabeth by occasion of the disseisin aforesaid besides their costs and charges by them about their sute in this behalf expended to 20 shillings and for their costs and charges to 10 shillings And because the Justices here will avise themselves of and upon the premisses before that they give their Judgement thereof day is given to the parties aforesaid before the Justices here aforesaid at the Inn of the Justices in Chancery Lane London until Satturday next after a moneth of St. Michael next following c. to hear their Judgment thereof because the said Juste â—s here are not yet c. and diverse other meetings until Saturday nex after the morrow of All Souls c. Until Saturday next after the morrow of Martin c. And until Wednesday next after 8. dayes of the Holy Trinity c. At which day before the aforesaid Robert Shute and John Glench then Justices c. At the aforesaid Inn of the Justices As well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward George Richard Coats John William Robert and Robert by their Attornies come And because the Justices aforesaid here c Further day is given to the parties aforesaid before the Justices of the said Lady the Queen to take Assizes in the aforesaid County of York assigned at the aforesaid Castle of York until Monday the 6th day of August next comming c. Before which day the said Lady the Queen that now is By other her Letters Patents whose date is at Westminster in the year of her Reign the 24th the Tenor of which followeth in these words c. Elizabeth c. To our Beloved and Faithful John Clench Baron and Francis Gawdy one of her Serjants at Law Greeting Know ye c. And then follow the Letters Patents c. And because the same Justices here will farther avise themselves of and upon the premises before they give their Judgement thereof day c. Before them the said John Clench and Francis Gawdy then Justices c. At the aforesaid Inn until Saturday next after the morrow of All Souls c. At which day the aforesaid John Clench and Francis Gawdy then Justices of the Lady the Queen to Assizes in the aforesaid County of York at the Inn aforesaid came not but withdrew themselves from the said Inn because before the said day for the infection of the Air and of the Plague of Men in the City of London and the Suburbs thereof as also in the City of Westminster being the Term of St. Michael which then
a sufficient replication on his part the said William prayeth Iudgement and that the said Robert from his action aforesaid against him to have be barred and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have and maintain above by replying hath alleged which he is ready to aver which matter the aforesaid William doth not deny nor to the same in any wayes answereth but the averment aforesaid to admit doth altogether refuse as at first prayeth Iudgement and his debt aforesaid together with his damages by occasion of detayning his debt to be adjudged unto him c. And because the Iustices here will avise themselves of and upon the premises before they give their Iudgement thereof Day is given to the parties aforesaid here on 8 dayes of Saint Michael to â—ear their Iudgment thereof because the Iustices here thereof not yet c. Debt Trinity Term. Anno 10. of King James Rott 2413. In Brownlow the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne Concerning Misnaming of Corporations C. 10. part fol. 120. a. IOhn Payn late of Catton in the County aforesaid Gent. Executor of Norff. the Testament of John Payne late called John Payne of Kings Linne in the County of Norffolk Esq was summoned to Answer to the Mayor and Burgesses of Kings Lynne in the County of Norfolk of a Plea that he render to them 3000. pound which he unjustly deteineth from them c. And whereupon the said Mayor and Burgesses by Henry Bastard their Attorney say That whereas the aforesaid John Payne the Testator in his life the 27 th day of January in the year of the Reign of the Lord the King that now is c. The 6 th at Gaywood by his writing Obligatory had granted himself to be bounden to the said Mayor and Burgesses in the aforesaid 3000. pound to be paid to the said Mayor and Burgesses when thereof he was required yet the said John Payne the Testator in his life time the aforesaid John Payne the Executor after the death of him the Testator John Payne although often required the aforesaid 3000. pound to the said Mayor and Burgesses rendred not but the same denyed to them to render and the aforesaid John Payne the Executor doth deny the same yet to render to them and unjustly deteineth the same whereupon they say that they are the worse and have damage to the value of 100. pound and thereof bring Sute and bring here into Court the writing aforesaid which the debt aforesaid in form aforesaid testifieth c. whose date is the same day and year aforesaid c. And the aforesaid Iohn Payne Executor by Thomas Blofield his Attorney comes and defends the force and injury when c. And saith that hee of the debt aforesaid by virtue of the writing aforesaid ought not to be charged Because he saith That it is not the Deed of the said Iohn Payne the Testator and upon this puts himself upon the Countrey and the aforesaid Mayor and Burgesses likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. weeks â—2 c. By whom c. And who neither c. To Recognize c. Because as well c. At which day the Jurors between the parties aforesaid of the Plea aforesaid were put between them in respite here untill this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. upon Monday the 27 th of day Iuly next following at the Castle at Norwich in the County aforesaid first shall come And now at this day comes as well the aforesaid Mayor and Burgesses as the aforesaid Iohn Payne the Executor by their Attorneys aforesaid and the aforesaid Justices to Assises before whom c. Send here their Record in these words Afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and Iohn Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. come as well the within named Mayor and Burgesses as the within written Iohn Payne the Executor by their Attorneys within written and the Jurors of the Jury wherefore within is made mention being called likewise come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That long before the making of the writing Obligatory within written The Lord Henry late King of England the 8 th the 7 th day of Iuly in the year of his Reign the 29 th By his Letters Patents under his Great Seal of England bearing date at Westminster the same day and year and to the Jurors aforesaid in evidence shewed Reciting by the said Letters Patents That whereas the said late King by his Letters Patents whose date was the 27 th day of Iune in the 16 th year of his Reign of his special grace and of his meer motion late had granted and by the said his Letters Patents confirmed for him his Heirs Successors to the Mayor and Burgesses and Inhabitants of his Borough of Lynn Bishop in his County of Norfolk that they for ever should be one body Corporate and one Cominalty perpetually in thing and name and that they should have perpetual succession and the name of the Mayor and Burgesses of the Borough of aforesaid Bishops Lynne in the County of Norfolk should have and bear and by the same name should be persons able and capable in Law to have purchase Lands Tenements Goods and Chattels other possessions whatsoever and to plead and to be impleaded answer and answered defend and might and could defend before any Justices whatsoever whether spiritual Judges or temporal in whatsoever Courts and in all and singular Actions Causes Matters Plaints and Demands of whatsoever kind they should be or nature in the same manner as the other the Leige people of the said late King persons able and capable in Law to plead and be impleaded to answer and to be answered defend or might defend and that the said Mayor and Burgesses and their Successors should have or might have one Common Seal for their businesses and others to be done within the Borough aforesaid happening or arising with divers other Liberties Franchisles Grants Articles and immunities in the said Letters Patents conteined and specified as in the said Letters Patents more fully and manifestly is appeared And whereas afterwards by a certain Statute late in Parliament of the said late King at London holden the third day of November in the 21
c. in Gosfield aforesaid entred and was thereof seised in his Demesn as of Freehold for the Term of his life And the said Thomas Lawrence and Marcy further say That at the time of the death of the aforesaid Thomas Nash sometimes Husband c. the aforesaid Zachary was within the Age of 21. yeers that is to say of three yeers by which the said Marcy whilest she was single as Guardian and for nurture of the said Zachary into the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid entred and was thereof possessed the aforesaid Thomas Nash the Son of the Tenements aforesaid with the Appurtenances in Wetherfiald aforesaid being seised and that the said Zachary of the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid in form aforesaid being seised And the said Marcy in form aforesaid being possessed Afterwards and before the making of the aforesaid Writing of Release here in Court brought at Gosfield aforesaid It was concluded and agreed between the said Marcy whilest she was single and the aforesaid Thomas Nash the Son that the said Marcy should release to the said Thomas Nash the Son all her Dower happening to her after the death of the aforesaid Thomas Nash sometimes the husband c. in all Lands and Tenements of the said Thomas in Wetherfield aforesaid And that the said Thomas Nash the Son should enfeoff John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to the use of the said Zachary and the heirs of his body Lawfully begotten and the said Thomas Lawrance and Marcy farther say that the aforesaid Thomas Nash the Son of the Tenements aforesaid in Wethersfield aforesaid in the form aforesaid being seised and the aforesaid Marcy of the Tenements with the appurtenances whereof c. in Gosfield aforesaid being possessed the said Marcy afterwards that is to say the aforesaid 27th day of April in the year of the Reign of the said Lady Elizabeth late Queen of England the 35 th abovesaid whilest she the said Marcy was single at Gosfield aforesaid the aforesaid writing of Release to the aforesaid Thomas the Son sealed and delivered And the aforesaid Thomas Nash the Son the 28th day of April in the year of the Reign of the said late Queen the 35 th aforesaid at Gosfield aforesaid enfeoffed the aforesaid John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid To the use of the aforesaid Zachary and the heirs of his body Lawfully begotten and this they are ready to aver whereupon they demand Judgement and seisin of the third part of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to be adjudged to the said Thomas Lawrance in manner and form aforesaid and that the matters above in the replication aforesaid are not sufficient in Law them the said Thomas and Marcy the Dower of the said Marcy in the Tenements aforesaid with the appurtenances whereof c. against the said Edward and Margaret to have and maintain and that they need not nor by the Law of the Land are bound to answer and this they are ready to aver wherefore for default of sufficient Replication of the aforesaid Thomas and Marcy in this part the said Edward and Margaret as at first demand Judgement And that the said Thomas Lawrence and Marcy from the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. against them to have be barred And the said Thomas and Marcy for as much as they sufficient matter in Law the said Thomas and Marcy to have and maintain their Action aforesaid against the said Edward and Margaret above by Replication have alleged which they are ready to aver Which matter the said Edward and Margaret do not deny nor to the same any wayes Answer but the Averment aforesaid altogether Refuse to admit as before demand Judgement and seisin of the third part aforesaid to be adjudged unto them And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Michael to hear their Judgement thereof because the said Justices here thereof not yet c. Debt Ester Term 26. of Queen Elizabeth Rott 1608. RIchard Mauser late of London yeoman otherwise called Richard Mauser of Gillingham in the County of Kent Yeoman was summoned to Answer to William Painter Esq of a Plea that he render to him 40. pound whicb he oweth him and unjustly deteineth c. And whereupon the said William by Thomas Antrobas his Attorney saith That the said Richard the 6th day of April in the year of the Reign of the Lady the Queen that now is the 12th at London in the Parish of the blessed Mary of Bow in the Ward of Cheap by a certain writing Obligatory granted himself to be bounden to the said William in the said 40. pound to be paid to the said William in the Feast of the Ascension of our Lord then next following Yet the aforesaid Richard although often required the aforesaid 40 pound to the said William hath not yet rendred but the same to him hitherto hath denyed and yet doth deny whereupon he saith he is the worse And hath damage to the value of 10. pound and thereof he bringeth sute And he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie the date of which is the day and year aforesaid c. And the said Richard by John Cook his Attorney cometh and defendeth the force and injury when c. And prayeth the hearing of the writing aforesaid and it is read unto him in these words The Condition of this Obligation is such That whereas the within bounden Richard Mauser and John Mouser his Son by their deed of â—eoffment bearing date the date of this Obligation have given granted and confirmed unto the within named William Paynter and his Heirs all that parcel of Wood-land called South-wood conteining by estimation 10. Acres be it more or lesse lying together in the Parish of Gillingham within said and Bedherst in the County within said to the Lands of one Thomas Remsby towards the East West and North and to the Kings way towards the South as the same do more at large it appear If the said William Paynter and his Heirs shall and may at all times hereafter have hold and injoy all the aforesaid parcell of Wood-land with the appurtenances and charged or saved harmlesse of and from all and every former Bargain Sale Gift Grant Lease Right Copihold Dower Rent Charge and all other things and incumbrances whatsoever had made or suffered to be done by the said Richard Mauser or his Heirs or Assignes and also if
November next to come Unless Roger Manwood Kt. Chief Baron of the Exchequer of the said Lady the Queen upon Tuesday the 4 th day of November next following at the Guild-hall of the City of London by force of the Statute thereof provided shall first come So that inquiry thereof before the said Chief Baron then here distinctly and openly taken be had here at the aforesaid Wednesday And it is said to the parties aforesaid that they be before the said Chief Baron at the Guild-hall aforesaid the said Tuesday and that they be here the said Wednesday to hear Judgement upon the vredict of the inquisition aforesaid if c. At which day come the said Parties by their Attornies aforesaid And the said Chief Baron delivered here the tenor of this Plea together with the Writ of Distringas of the Jurors aforesaid with the Pannel of the names of the Jurors to the said Writ annexed and to the said Tenor fyled Which Tenor is indorsed thus Afterwards the day place within contained before Roger Manwood Kt. Chief Baron of the Exchequer of the Lady the Queen associating to him Walter Morley Gent. by the form of the Statute c. came as well the within named Henry Page as the within written Edward Griffin by their Attornies within mentioned And the Jurors whereof mention is within made being called some of them that is to say John Palmer Thomas James Thomas Thomas George Maunsell Thomas Bagnill and Robert Bilborough and in Jury aforesaid were sworn and because that the rest of the Jurors of the said Jury did not appear Therefore other of the standers by by the Sheriffs chosen at the request of the said Henry Page by the Command of the said Chief Baron were anew put whose names are fyled to the Pannel within written according to the form of the Statute in the such case made and provided and the Jurors so anew chosen and put that is to say George Clarke John Barnes George Ganbie Thomas Staubauke William Sutton and George Roberts being called likewise came who being together with the other Jurors aforesaid first impannelled sworn to say the truth of the premises within contained chosen tryed and sworn say upon their Oath That the City of London is an ancient City and that all Lands and Temenents within the said City are and time whereof the memory of Men is not to the contrâ—ry were deviseable and bequeathable by Testament in Writing And that long before the time within written when it is supposed the Trespasse and Ejectment to be done That one Martin Bowes Kt. was seised of the Messuage within mentioned with the Appurtenances amongst other things in his Demesn as of Fee and that the said Martin Bowes had issue of his body lawfully Begotten one Thomas Bowes and that the said Thomas had issue of his body lawfully begotten Martin Bowes and the within named Thomas Bowes and one George Bowes And also the Jurors say upon their Oath aforesaid That the aforesaid Martin Bowes Kt. before the time in which c. that is to say the 29 th day of July in the year of the Reign of the Queen that now is the 8 th made his Testament and last Will in writing and by the same amongst other things Willed and Bequeathed to the said Thomas Bowes his Son the Messuage aforesaid with the Appurtenances amongst other things for the Term of the life of the said Thomas without impeachment of Waste and after his decease then the said Martin Bowes Kâ— by his Testament aforesaid Willed that the said Messuage aforesaid amongst other things should remain to the said Martin Bowes the Son of the said Thomas Bowes To have and to hold to the said Martin Son of the aforesaid Thomas and the Heirs males of his body lawfully begotten And for default of any issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said Thomas Bowes second Son of the said Thomas Bowes Son and Heir of the said Martin Bowes Knight and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said George Bowes third SoÌ„ of the said Thomas Bowes Son and Heir of the said Martin Bowes Kt. and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid amongst other things with the Appurtetenances should wholly remain to the Heirs males of the body of the said Thomas Bowes Son and Heir apparent of the said Martin Bowes Kt. lawfully begotten And for to default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Martin Bowes Son and Heir apparent of one Martin Bowes of Jenkins in the Parish of Barking in the County of Essex Esq and the Heirs males of his body lawfully to be begotten And for default of such issue That the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the Heirs males of the body of the said Martin Bowes of Jenkins lawfully begotten And for default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Will. Bowes son of the aforesaid Martin Bowes Knight the Heirs males of his body lawfully begotten for default of such issue that then the said Messuage with the Appurtenances amogst other things should remain to the right Heirs of the said George Bowes for ever And the aforesaid Martin Bowes Kt. of the Messuage aforesaid with the AppurtenaÌ„ces amongst other things in his Demesn as of Fee in form aforesaid being seised afterwards and before the time in which c. that is to say the first day of October in the year of the Reign of the said Lady the Queen that now is the 8 th dyed of the Messuage aforesaid with the Appurtenances amongst other things in form aforesaid seised After whose death The said Thomas Bowes Son and Heir of the said Martin Bowes Kt. into the Messuage aforesaid with the Appurtenances did enter and was thereof amongst other things seised in his Demesn as of Free hold for the Term of his life without Impeachment of Waste according to the form and effect of the Testament aforesaid with the remainder thereof in form aforesaid expecting And the said Thomas Bowes so being thereof seised before the time in which c. that is to say the 19th day of December in the year of the Reign of the said Lady the Queen that now is the 14th by a certain Indenture between the said Thomas Bowes of the one party and one William Peltham Esq of the other party made bearing date the same day and year and in the Court of Chancery of the said Lady the Queen that now is at Westminster in the County of Middlesex then being with in 6. Moneths then next following in due manner of
now is the 35 to the Jurors aforesaid in evidence shewed amongst other things it more fully appeareth By colour of which said Indenture and the inrolment thereof the aforesaid Robert Snelling and Thomas Butler were of the aforesaid Messuage and of the aforesaid 6 Acres of Pasture parcel c. with the appurtenances in which c. amongst other seised in their demesn as of Fee if the Law of England in this case requireth it and the aforesaid Robert Snelling and Thomas Butler so thereof being seised if the Law of England this requireth after and before the time in which c. that is to say the 23 day of May in the year of the Reign of the said Lady the Queen that now is the 36. aforesaid into the aforesaid Messuage and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances entred and was thereof seised in their demesn as of Fee if the Law of England requireth and so thereof seised the aforesaid John Lambert continuing his possession aforesaid if the Law of England this requireth the said Robert Snelling and Thomas Butler the aforesaid 23 day of May at the said Town of Buckingham demised and to Farm let the Messuage aforesaid and the aforesaid 6 Acres of of Pasture parcel c. with the appurtenances amongst other to the aforesaid Theophilus Adams to have to the said Theophilas Adams his executors and assigns from the aforesaid 23 day of May in the year of the Reign of the said Lady the Queen that now is the 36 aforesaid until the end and Term aforesaid of 10 years fully to be compleat and ended By virtue of which the said Theophilus Adams into the Messuage aforesaid and into the aforesaid 6 Acres of pasture parcel c. with their appurtenances amongst other things afterwards that is to say the 16 day of April in the year of the Reign of the said Lady the Queen that now is the 39 entred and was thereof possessed if the Law in this case requireth upon whose possession of the said Theophilus thereof the aforesaid John Lambert afterwards that is to say the same 16 day of April in the 39 year aforesaid into the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances entred and the same Theophilus Adams from his Farm aforesaid thereof his Term aforesaid thereof not yet ended ejected expelled and amoved and him the said Theophilus from his possession thereof held out and yet holdeth out as the said Theophilus before against him declared But whether upon the whole matter aforesaid found in form aforesaid It shall seem to the Court here that the aforesaid John Lambert is guilty of the trespass and ejectment of the said Theophilus Adams of and in the Messuage aforesaid and the aforesaid 6 Acres of Pasture c. with the appurtenances or not the Jurors aforesaid are utterly ignorant of and thereof they pray the advice of the Court here c. and if upon the said whole matter in form aforesaid found it shall seem to the Court here that the aforesaid John Lambert is guilty of the Ejectment and Trespass to the said Theophilus of the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. w th the appurtenances then the said Jurors say upon their Oath aforesaid that the aforesaid John Lambert is guilty of the Trespass and Ejectment thereof as the aforesaid Theophilus above against him thereof complaineth and then they assess the damages of the same Thophilus by the occasion of the Trespass and Ejectment besides his charges and Costs by him about his sute in his behalf put unto to 12 pence and for his charges and costs to 12 pence and if upon the whole matter aforesaid in form aforesaid â—ound It shall seem to the Court here That the aforesaid John Lambert is not guilty of the Ejectment and Trespass aforesaid of and in the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances then the aforesaid Jurors say upon their Oath aforesaid That the aforesaid John Lambert is not thereof guilty as the said John for himself above in pleading hath alleged and farther the said Jurors say upon their Oath aforesaid that the aforesaid John Lambert in nothing is guilty of the Trespass and Ejectment aforesaid in 4 Acres of Pasture of the said 10 Acres of Pasture residue above supposed to be done as the said John Lambert above in pleading hath alleged c. and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises are not yet avised Day is given to the parties aforesaid before the said Lady the Queen at Westminster until Friday next after the morrow of the Holy Trinity to hear their Judgement of and upon the premises because that the Court of the said Lady the Queen here are not yet c. And so from Term to Term untill Tuesday next after the morrow of All Souls to hear their Judgement of and upon the premises because the Court of the said Lady the Queen are not yet c. At which day before the said Lady the Queen at Westminster come the parties aforesaid in their proper persons upon which seen and by the Court of the said Lady the Queen here all and singular the premises fully understood and mature deliberation thereupon had for that it seemeth to the Court of the said Lady the Queen here that the aforesaid John Lambert is guilty of the Trespass and Ejectment of the said Theophilus Adams of and in the Messuage aforesaid and the aforesaid 6 Acres of Pasture parcel c. with the appurtenances therefore it is considered that the aforesaid Theophilus Adams shall recover against the aforesaid John Lambert his Term aforesaid yet to come of and in the aforesaid Messuage and the aforesaid 6 Acres of Pasture the aforesaid 10 Acres of Pasture parcel with the appurtenances and his damages aforesaid by the Jurors aforesaid in form aforesaid assessed as also 25 pound for his charges and costs aforesaid to the said Theophilus Adams by the Court of the said Lady the Queen here with his assent of increase adjuged which said damages in the whole do amount to 25 pound 2 shillings and the said John Lambert be taken c. and likewise the aforesaid Theophilas Adams in mercy for his false clamor against the aforesaid John Lambert for the rest of the Trespass and Ejectment aforesaid whereof the said John Lambert is acquitted therefore the said John Lambert as to the rest of the said Trespass and Ejectment go thereof without day c. Ejectione Firme Mich. 10. of King James It begun Easter Term 1 of King James Rott 1639 in the Common pleas Arthur Legats Case C. 10. part fol. 109. a. Norff. EDward Cockel late of Wimondham in the County aforesaid Husbandman was attached to answer to Arthur Legat Gent. of a plea wherefore with force and Arms 6 Acres of Pasture and
mentioned of which wound the said Richard Fells then and there that is to say in the Parish and Ward last aforesaid instantly dyed And futher the Jurors aforesaid say That at the time of the Killing of the aforesaid Rich. Fells in maner and form aforesaid The said Jo. Murray and John Engles otherwise English were present aiding to the said John Mackall otherwise Mackalley to him the said Richard Fells in manner aforesaid to be killed But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The killing aforesaid of the said Richard Fells in form aforesaid don be Murther or not the Jurors aforesaid do not know And thereof demand the Advise of the Justices and Court here and if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells be Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid John Murray John Mackally and Iohn English are guilty and every one of them is guilty of the Murder of the said Richard Fells in manner and form as by the Indictment aforesaid against them it is supposed And that they at the time of Murder aforesaid in form aforesaid committed had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells in form aforesaid committed be not Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not guilty nor any of them is guilty of the Murther of the aforesaid Richard Fells as they have alleged nor for that occasion ever with-drew themselves or any of them with-drew himself And if upon the whole matter aforesaid in form foresaid found It shall seem to the Justices and Court here That the killing of the aforesaid Richard Fells in form aforesaid done be Fellony or Man-slaughter Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are guilty and every of them is guilty of the Felony and Man-slaughter aforesaid And that they have no goodâ— nor Chattels Lands or Tenements And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Archibald Miller in the said Indictment named of the Felony and Murder aforesaid is not guilty nor for that occasion ever with-drew himself Therefore it is considered by the Court That the aforesaid Archibald Miller go thereof acquitted without day c. And because the Court here of giving their Judgement of and upon the premises concerning the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not yet avised Day is given to the aforesaid Iohn Murray Iohn Mackall and Iohn Engles until the next Sessions of Gaol Delivery aforesaid for the aforesaid City to be holden under the Custody of the aforesaid Sherifs in the mean while committed safely to be kept for to hear their Judgement thereof c. And because the Justices aforesaid are not yet c. Indictments The Record of the Conviction of Carliel and others The Lord Sanchars Case C. 9. part fol. 114. THE Inquisition taken at the Sessions of the Peace of the Lord the King for the City of London at the Guild-hall of the City of London aforesaid upon VVednesday the 27th day of May In the yeer of the Reign of our Lord Iames by the Grace of God of England France and Ireland King Defender of the Faith c. the 10th and of Scotland the 45th before James Pemberton Knight Mayor of the City of London aforesaid Stephen Soan Knight John Garrad Knight Thomas Bennet Knight Thomas Low Knight Henry Row Knight and Henry Mountague Knight one of the Sergeants at Law of the Lord the King and Recorder of the said City Justices of the said Lord the King to the Peace in the City aforesaid to be kept As also to divers Felonies Trespasses and misdeeds in the said City committed to hear determine assigned by the oaths of William Palmer John Pemberton Edward Bishop John Harrison William Erbury Thomas Nicholson Humphry VVaterson John Woodhall Zachary Healing Richard Downes Thomas Eagles Thomas Dennis Richard Taylor Meredith â—roughton and Ralph Hanson good and lawful men of the Body of the City aforesaid Who say upon their Oath aforesaid That Robert Carliel late of London Yeoman and John Jrweng late of London aforesaid Yeoman Not having God before their Eyes but moved and seduced by the Instigation of the Devil The 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London aforesaid that is to say in the Parish of St. Dunston in the East in the Ward of Farrington without London aforesaid with force and Armes c. Feloniously on their fore though Malice in and upon one John Turner then and there being in the Peace of God and of the said Lord the King made an assault and an affray And the aforesaid Robert Carliel a certain Gun called a Pistol of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the aforesaid Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously voluntarily and of his fore-thought Malice did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid John Turner in and upon the Left part of the Body of him the said John Turner neer the Left Papp of the said John Turner then and there feloniously struck giving to the said John Turner then and there with the leaden Bullet aforesaid out of the Gun aforesaid then and there sent out in and upon the aforesaid Left part of the Body of the said Iohn Turner neer the aforesaid Left Papp of the said Iohn Turner one mortal Wound of the Bâ—edth of half of one Inch and in the Depth of 5. Inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that Iames Irweng Feloniously and of his fore-thought Malice then and there was present adjoyning assisting abbetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid Feloniously to be done and committed And so the Jurors aforesaid upon their Oath aforesaid say That the aforesaid â—obert Carliel and Iames Irweng the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice did kill and murder contrary to the Peace of the Lord the King that now is his Crown
said Indenture The said Earl of Warwick his Heirs and Assigns and every of them should stand and be seised of and in the Wood aforesaid with the appurtenances amongst other things by the names of Alton Woods otherwise Alvington Woods with the appurtenances siâ—uâ—te and being within the Parish of Rock or elsewhere within the several Counties of Worcester and Salop or any or either of them to the uses 〈…〉 nts and purposes afterwards in the said Indenture expressed and declared that is to say To the use of him the said Ambrose Earl of Warwick for the Term of his life without impeachment of any wast and after the decease of him the said Earl of Warwick to the use of the aforesaid Ann Countess of Warwick in the Information aforesaid named by the name of the Lady Ann Countess of Warwick wife of him the said Earl of Warwick and the right Heirs of the said Ann for ever By colour of which Covenant and Grant aforesaid and by force of a certain Act of transferring of uses into possessions in the Parliament of the aforesaid Lord Henry late King of England the 8th Father of the said Lady the Queen that now is at Westminster aforesaid the 4th day of February in the year of his Reign the 27th holden made and provided The aforesaid Ambrose Earl of Warwick was seised of the Wood aforesaid with the appurtenances amongst other things in his demesn as of Freehold during his life without impeachment of waste the remainder thereof after the decease of him the said Earl of Warwick to the aforesaid Ann late Countess of Warwick and her Heirs expectant And the said Ambrose Earl of Warwick so thereof being seised the remainder thereof in form aforesaâ—d expectant The said Eaâ—l afterwards that is to say the aforesaid 21th day of February in the year of the Reign of the Lady the Queen that now is the 32th aforesaid at Abbottesley aforesaid dyed after whose death the said Ann now Countess of Warwick into the Wood aforesaid with the appurtenances entred and was and yet is thereof seised in her demesn as of Fee by colour and force of the premises By which the said Richard Bushopp as servant unto the aforesaid Ann now Countess of Warwick and by her Command the aforesaid 21th day of February in the year of the Reign of the said Lady the Queen that now is the 32th aforesaid and the dayes and times aforesaid betwixt the same 21th day of February in the year 32th aforesaid and the day of the exhibiting of the Information aforesaid into the Wood aforesaid with the appurtenances entred and the Issues and Profits thereof by that time arising to the use of the said Ann now Countess of Warwick took and had and doth yet take and have as it was and is lawful for him to do And the aforesaid Richard further saith That the aforesaid William Walshe yet over-liveth and is in full life that is to say at Abbottesly aforesaid without that that the Wood aforesaid with the appurtenances or any parcel thereof in the Hands and Possession of the said Lady the Queen that now is is or before this was or of Right ought to be in manner and form as in by the Information aforesaid it is supposed And without that that the said Richard Bushopp in or upon the possession of the said Lady the Queen that now is of the Wood aforesaid with the appurtenances or any part thereof Entred Intruded or made Ingresse in manner and form as by the Information aforesaid it is supposed and without that that there is any Record Roll or Remembrance besides the Record of the Information aforesaid by which it may appear that the Wood aforesaid with the appurtenances in the Information above specified or any parcel thereof in the Hands and Possession of the said Lady the Queen that now is or standeth or of Right ought to be or stand in manner and form as in the Information aforesaid above is supposed All and singular which the said Richard Bushopp is ready to aver as unto the Court c. Whereupon he prayeth Judgement and that he as to the premises from this Court be dismissed And because the Court here â—â— avise of the Plea aforesaid before that further c. Day is given unto the â—fores Rich. Bushopp in state as now until 8. dayes of St. Michael At which day the said Richard Bushopp came here as before And the said Attorny General of the said Lady the Queen that now is who for the said Lady the Queen prosecutes present here in Court in his proper person for his said Lady the Queen by Protestation not acknowledging any thing in the Plea aforesaid of the said Richard Bushopp by him above pleaded to be true in manner and form as the said Richard in his Plea aforesaid above hath pleaded Yet for Reply the said Attorny of the said Lady the Queen for the same Lady the Queen saith That the Plea of the Richard Bushopp as to the Entry Intrusion and ingresse aforesaid in the aforesaid Wood by him the said Richard in the Information aforesaid to be done supposed is not sufficient in Law to discharge the said Richard of the said Entry Intrusion and ingresse whereupon for default of sufficient Answer in this behalf The said Attorny of the Lady the Queen for the said Lady the Queen prayeth Judgement And that the aforesaid Richard of the same Entry Intrusion and Ingresse by the aforesaid Richard thereof supposed to be done be convicted And the said Richard saith That he sufficient matter in Law to barr the said Lady the Queen that now is from the possession of the aforesaid Wood in the said Information specified and of every parcel thereof above in barr and exclusion of the Information hath alleged which he is ready to averr as unto the Court c. Which matter aforesaid The Attorny of the Lady the Queen for the same Queen doth not deny nor to the same any wayes for the said Lady the Queen Answereth but the Averment aforesaid to admit altogether doth refuse Wherefore as before the said Richard demandeth Judgement and that he as to the Premises from this Court be dismissed c. And because the Barons here will avise themselves of upon the Premises whereof the aforesaid Richard hath above put himself in Judgement of the Court before that they give Juâ—gement thereof Further day is given to the aforesaid Richard Bushopp here until in 8. dayes of St. Hillary to hear their Judgement thereof because the said Barons thereof not yet c. And as to the Tryal of the Issue aforesaid by the Country to be tryed above joyned It is commanded to the Sherif of the aforesaid County of Worcester that he do not omit c. And that he cause to be here at the said 8. dayes of St. Michael 12. good and lawful Men of the Neighbourhood of Alton otherwise Alvington and Rock in the said County whereof each c
Patents had given and granted to the abovesaid VValter and to one Elizabeth then his Wife The aforesaid Mannor of Charleton with the appurtenances in the said County of Somerset To have and to hold to the said VValter and Elizabeth and the longer liver of them The late King Henry the 8th for that that the said VValter the aforesaid Letters Patents to him of the aforesaid Mannor of Grafton Fleuard and the said VValter and the aforesaid Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton in form aforesaid made to the said late King Henry the 8th in his Chancery had delivered up there to be cancelled By the said letters patents gave and granted to the abovesaid VValter and Elizabeth the aforesaid Manor of Abotesly with the appurtenances whereof c. to have and to hold to them the said VValter and Elizabeth and to the heirs males of the bodie of the said VValter begotten And the aforesaid Richard Bushopp in his plea aforesaid hath not shewed in fact that the aforesaid late King Henry the 8th by his letters patents had given and graunted to the aforesaid VValter and Elizabeth the aforesaid Mannor of Charleton with the appurtenances to have and to hold to the said VValter and Elizabeth for the Term of the longest liver of them as by the Law he ought to have shewed and because expresly it is not shewed in the said plea that the same grants were made but only by way of recital The aforesaid Consideration in the aforesaid Letters Patents of the aforesaid late King Henry the 8th in the yeer of his Reign the 23th aforesaid made are void and insufficient in Law And the said late King in his grant aforesaid by reason thereof was deceived And in this That the aforesaid Richard in his Plea aforesaid allegeth that the aforesaid VValter and Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton made in the Chancery of the said late King Henry the 8th had surrendred and procured to be cancelled By which the Estate of the said VValter and Elizabeth of and in that Mannor was determined Whereas by the Law of the Land the estate of the said Elizabeth then being under Covert Baron by the surrendring and cancelling of the said Letters Patents was not determined or surrendred up And upon this That whereas the aforesaid Richard Bushopp in his pleading alleged That by the aforesaid Act of Parliament of the said late King Henry the 8th the 8th day of June in the 28th year of his Reign made it was Enacted That the said late King Henry the 8th his Heirs and Successors should have hold and enjoy all and singular the Mannors aforesaid with the appurtenances in Fee simple saving alwayes to all person and persons Bodies politique and Corporate their Heirs and Successors and to the Heirs and Successors of every of them other than to the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earl of Warwick Brother of the said late Countess all such Rights Titles Uses Interests Term of years demise demises Entries Actions Grants and Conditions which he or any of their Heir or the Heirs or Successors of any of them have or had or might to have or ought to have had if the said Act of Parliament had never been made any thing in the said Act to the contrary thereof notwithstanding And the aforesaid Richard Bushopp in his Plea aforesaid doth not allege in fact That the aforesaid Ann now Countess of Warwick in whose Right and as Servant of which Countess the said Richard makes Justification of the Trespass and Intrusion aforesaid was not Heir of the said Richard late Earl of Warwick as by the Law of the Land it ought to be shewed and in this that by the said Act of the 28th abovesaid The aforesaid Mannor of Abbottesley with the appurtenances whereof c. was given by express words to the said late King Henry the 8th his Heirs and Successors and thereof the said Saving in the same Act mentioned is repugnant and void to reserve any right in that Mannor to any other person and therefore the aforesaid Walter Walshe and Elizabeth his wife to have or claim any right or estate of or in the said Mannor by force of the said Act of Parliament are barred And in this That whereas the aforesaid Plea of the said Richard Bushopp above in Barr pleaded is insufficient in Law to discharge or excuse him the said Richard of the Trespass intrusion and ingress aforesaid upon which Plea the aforesaid Attorney of the said Lady the Queen had demurred in Law and demanded Judgement there for the said Lady the Queen yet that notwithstanding it is adjudged by the Barons That the Plea of the said Richard is sufficient in Law him the said Richard of the Entry and Intrusion into the aforesaid Wood called Alton-wood otherwise Aluingâ—on-wood the aforesaid first day of February in the year of the Reign of the said Lady the Queen that now is the 32th and from the same day until the exhibiting of the Information aforesaid and of the taking of the issues and profits thereof by that time to discharge And so the same Attorney General for the said Lady the Queen saith That in the Record and process aforesaid and in the giving of the Judgement aforesaid it is manifestly erred And thereupon the said Attorney of the said Lady the Queen for the said Lady the Queen prayeth That the Judgement aforesaid for those Errors and others in the Record and Process aforesaid be revoked annulled and be had for nothing And also a Writ to warn the aforesaid Richard Bushopp to be here before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at a certain day to hear the Record and Process aforesaid as also the aforesaid Errors which he the said Attorny General of the said Lady the Queen that now is there alleged and it is granted unto him And it is commanded to the Sherif of the said County of Worcester That by good and lawful men of his Balywick he give warning to the said Richard Bushop that he before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid upon Tuesday falling the 26th day of the said Moneth of April to hear in form aforesaid if c. And further c. that to the Court c. At which day the same Sherif that is to say Edward Harwell Esquire retorned the Writ aforesaid and sent that the said Writ was so late delivered unto him that for the shortnesse of the time he could not execute it Yet the aforesaid Richard Bushop before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at the same day comes into the Chamber aforesaid by Arthur Salway his Attorny and demands the hearing of the Record and of the Processe as also of the aforesaid Errors and they are read
demesn â—ands aforesaid with the Appurtenances in form aforesaid being seized and the same having and holding exonerated acquitted freed and privileged of and from the payment of Tithes whatsoever in and upon the capital Messuage aforesaid and other the premises with their Appurtenances or any part thereof growing renewing or in any wise happening the aforesaid 4th day of July in the yeer of the reign of the aforesaid late King Henry the 8th the 38th aforesaid at Eastmeon aforesaid by his aforesaid Indenture with the Seal of his Bishoprick sealed bearing date the said day and yeer demised to the aforesaid Robert Wright the Grandfather of the aforesaid Robert The Moyety of the demesn Lands aforesaid with the Appurtenances by the name of all the demesn Lands of the Manor of Eastmeon aforesaid of old appertaining with all Houses Stables Barns and Buildings upon the Moyety aforesaid then and of old situate lying and being with the Appurtenances which Moyety then lay in the Fields on the South part of the Town of Eastmeane aforesaid To have and to hold the said Moyety with the Appurtenances to the aforesaid Robert Wright the Grandfather and to his Assignes from the Feast of St. Michael the Archangel which then should be in the yeer of our Lord God 1575. until the end and Term of 40. yeers from thence next following and fully to be ended And that afterwards that is to say The aforesaid 20th day of July in the 38th yeer aforesaid the aforesaid William Kingsmill then Dean of the aforesaid Cathedral Church of the Holy Trinity of Winchester and the Chapter of the same place at Winchester aforesaid in their Chapter-house aforesaid by their Writing aforesaid sealed with the Chapter-Seal aforesaid in the life of the aforesaid late Bishop and in the life time of the aforesaid Robert Wright the Grandfather confirmed and ratified And that the said Robert Wright by virtue of the demise and confirmation aforesaid was of the interest of the Term aforesaid of and in the Moyety aforesaid with the Appurtenances possessed and so thereof being possessed the aforesaid 14th day of August in the yeer of our Lord 1658. aforesaid at Eastmeon aforesaid made his Will in Writing and by his said Will constituted the aforesaid Margaret and Nicholas Wright his Executors and by the said his Will gave and bequeathed all his interest aforesaid of and in the Moyety aforesaid with the Appurtenances to the aforesaid Edward Wright Son of the said Robert the Grandfather And afterwards at Eastmeon aforesaid dyed of his Interest aforesaid in form aforesaid possessed After whose death the aforesaid Edward by the assent of the Executors aforesaid was of the Interest of the aforesaid Term of yeers of and in the Moyety aforesaid with the Appurtenances possessed And that the said Edward so being thereof possessed the aforesaid 11th day of July in the yeer of our Lord 1563. abovesaid at Eastmeon aforesaid made his Will in Writing and by his said Will constituted one Agnes then his Wife his Executrix of his Will aforesaid And by the said his Will gave and bequeathed all his Interest aforesaid of and in the Moyety aforesaid with the Appurtenances to the aforesaid Robert Wright the now plantif and afterwards there dyed of such his interest aforesaid of and in the Moyety aforesaid with the Appurtenances in form aforesaid possessed And that the said Robert now plantif by the consent of the said Agnes the burden of the Execution of the Will aforesaid upon her taking was of the Interest of the Term aforesaid of and in the Moyety aforesaid with the Appurtenances possessed until the Feast of St. Michael the Archangel in the yeer of our Lord 1575. immediately after which Feast the said Robert into the Moyety aforesaid with the Appurtenances entred and was thereof possessed and that the aforesaid Robert thereof so possessed the said Tenements with the Appurtenances likewise had and occupyed and ought to have and occupy of and from the payment of Tithes whatsoever of in and upon the Moyety aforesaid with the Appurtenances or any part thereof yeerly any wayes growing happening renewing or arising by the occasion aforesaid alleged utterly discharged acquitted freed and privileged by reason of the Prescription and Privilege aforesaid and by force of the said Statute aforesaid in the aforesaid Parliament of the aforesaid late King Edward the 6th at Westminster aforesaid the aforesaid 4th day of November in the second yeer of his Reign of the payment of Tithes then made as the aforesaid Robert VVright now plantif above alleged But the said John VVright further saith That the aforesaid Judges Delegates in the aforesaid Court before them the Plea and Allegations of the aforesaid Robert Wright now plaintif allowed and the Proofs thereof by him the said Robert brought accepted and admitted Without that that the aforesaid Judge Delegates in the aforesaid spirituâ—l Court before them the Plea Allegations and Proofs of the aforesaid Robert VVright now plan if â—foresaid refused to admit in manner and form as the aforesaid Robert now plantif above hath alleged And this he is ready to aver whereupon he demands Judgement and the Writ of the Lady the Queen of consultation to him in this behalf to be granted And the aforesaid Robert VVright now Plantif saith That he for any thing by the aforesaid John VVright above in pleading alleged The said Writ of the said Lady the Queen of Consultation ought not to have because he saith That the Plea aforesaid by him the said John VVright in form aforesaid above pleaded the matter therein contained is insufficient in Law to the aforesaid Writ of the Lady the Queen of Consultation to be brought to which the said Robert needeth not nor by the Law of the Land is bound in any wise to answer wherefore for default of sufficient answer in this behalf The said Robert demandeth Judgement and his damages aforesaid for the occasion aforesaid to be adjudged unto him c. And the aforesaid John VVright saith That the Plea aforesaid by him the said John in manner and form aforesaid above pleaded and the matter in the same contained is good and sufficient in Law to the aforesaid Writ of the said Lady the Queen of Consultation to have and demand which Plea and the matter in the same contained the said Iohn is ready to aver and prove as to the Court c. And because the said Robert to that Plea doth not Answer nor the same hitherto any wise denyeth the said Iohn as at first demandeth Judgement the Writ of the said Queen of Consultation in this behalf to be granted unto him c. And because the Court of the Lady the Queen here of giving their Judgemen of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster until the same next after to hear their Judgment oâ— and upon the premises c. Because the Court of the Lady the
quit claimed to the aforesaid Miles Hitchcock and Thomas Abany all the aforesaid Condition Proviso Covenant and Agreement before mentioned and all and all manner of such Power Liberty Authority Right Title or Demand which the said Franc. after the death of the said Peter had or could have claim or challenge or demand by force and virtue of the same Condition and Proviso in the aforesaid deeâ— of Feoffment contained So that the said Francis of and from the death of the aforesaid Peter Penruddâ—â—k should not claim challenge demand exercise use or have any power liberty or authority to alter change determine diminish or amplifie any use or uses limitations or declarations in the aforesaid deed of Feoffment contained expressed limited or appointed but that the said FRANCIS from the death of the said Peter of and from all such liberty power and authority as before is said should stand and remain utterly barred excluded and discharged for ever And further the said Francis by that Writing granted to the aforesaid Miles and Thomas and their Heirs that from thenceforth the aforesaid Condition Proviso Covenant and Agreement and the aforesaid Power Liberty and Authority should cease and be utterly void to all Intents Constructions and Purposes And this he is ready to aver Whereupon as at first he demandeth Judgement and that the aforesaid John Grendon from having his action aforesaid against him the said Thomas Albany be barred c. And the aforesaid John Grenden saith That the Plea aforesaid by the aforesaid Thomas Albany in form aforesaid above by Rejoynder pleaded and the matter in the same contained is not sufficient in Law to bar him the said John Grendon from having his Action aforesaid against the said Thomas Albany To which the said John Grendon needeth not nor is bound any wayes by the Law of the Land to Answer Wherefore for want of a sufficient Rejoynder in this Plea The said John Grendou demandeth Judgement and his damages by the occasion aforesaid to be adjudged unto him c. And the aforesaid Thomas Albany saith That the Plea of him the said Thomas in manner and form aforesaid above by Rejoynder pleaded and the matter in the same contained is good and sufficient in Law to bar the said John Grendon from having his Action aforesaid against him the said Thomas Albany which Plea and the matter in the same contained the said Thomas is ready to aver and prove as the Court c. And because the said John Grendon to that Plea doth not answer nor doth the same any wayes deny The said Thomas Albany as at first prayeth Judgement and that the said John Grendon from having his Action aforesaid against the said Thomas Albany be barred c. And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid here before the Lady the Queen at VVestmin until Thursday next after the Morrow of the Purification of the Blessed Mary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here is not yet c. TRESPAS Hillary Term Anno 31o. ELIZABETH Rot. 65. in the KINGS-BENCH C. 1. part Chudleighs Case fol. 113. b. MEmorandum That at another time That is to say Hillary Term Devon last past before the Lady the Queen at Westminster came William Dillon Esquire by Edward Hall his Attorny And brought here in the Court of the said Lady the Queen then there his Bill against John Frayne in the Custody of the Marshal of a Plea of Trespass and are Pledges of Sute John Doo and Richard Roo which Bill followeth in these words ss William Dillon Esquire complaineth of John Frayne in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being for that That he the 6th day of November in the yeer of the Reign of the said Lady the Queen that now is the 29th with force and Arms c The Close of him the said William called Sedan Close at Tawestock in the County as aforesaid brake and entred and his grass â—â—ere to the value of 5. pound then and there growing with his Cattel that is to say with Horses Oxen Cows Hoggs and Sheep fed trod and consumed continuing the Trespass aforesaid as to the treading and consuming the grasse from the aforesaid 6. day of November the yeer 29th aforesaid until the bringing of this Bill that is to say the 8th day of February in the yeer of the Reign of the Lady the Queen that now is the 30th divers dayes continuing and diverse other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said VVilliam 40. Marks And thereof he bringeth Sute c. And now at this day that is to say Thursday next after 8. dayes of Saint Hillary this Term until which day the said John Frayne had license to imparl to the said Bill and then to answer c. before the Lady the Queen at Westminster cometh as well the said William Dillon by his Attorny aforesaid as the aforesaid John Frayne by John Halstaf his Attorny and the said John Frayne defendeth the force and injury when c. And saith that he is not thereof guilty and of this puts himself upon the Country and the said VVilliam Dillon likewise c. Therefore a Jury was to come before the Lady the Queen at VVestminster upon Tuesday next after 8. dayes of the Purification of the blessed Mary And who neither c. To Recognize c. Because as well c. The same day is given to the parties aforesaid here c. Afterwards the processe thereof was continued between the parties aforesaid of the Plea aforesaid by Jurors put thereof between them in respite before the Lady the Queen at Westminster until Thursday next after 8. dayes of Saint Michael then next following unlesse the Justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 7th day of July at the Castle of Exeter in the County aforesaid by the form of the Statute c. câ—me for default of Jurors c. At which Thursday next after 8. dayes of Saint Michael befoâ—â— the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid Justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief Justices of the Lady the Queen of the Bench and Thomas Gent one of the Barons of the Exchechequer of the Lady the Queen Justices of the said Lady the Queen to Assizes in the County of Devonshire assigned by the form of the Statute c. came as well the within named VVilliam Dillon by Morrice Evans his Attorny as the aforesaid John Frayne by Thomas Felton his Attorny
Lady the Queen of the Bench and other of the said Lady the Queens leige People then there present Between the aforesaid Richard by the name of Richard Libb Gentleman Plaintiff and the aforesaid William Haw and Ellen his Wise Deforceants of the Tenements aforesaid above in form aforesaid demised amongst other things by the name of One Messuage One Cottage Two Gardens 70. Acres of Land One Acre of Meadow 10. Acres of Pasture 60. Acres of Wood and 10. Acres of Furz and Heath with the Appurtenances in Goring and Whitchurch aforesaid in Maple Decam in the County aforesaid whereupon a Covenant was summoned betwixt them in the said Court that is to say that the aforesaid Williliam and Ellen acknowledged the Tenements aforesaid to be the Right of him the said Richard as those which the said Richard had of the gift of the aforesaid William and Ellen and them remised and quit claimed from them the said William and Ellen and their Heirs to the aforesaid Richard his Heirs for ever And further the said William and Ellen granted for them and the Heirs of the said William that they warrant to the aforesaid Richard and his Heirs the aforesaid Tenements with the Appurtenances against all men for ever as by the said Fine here in Court of Record Remaining more fully appeareth Which Fine in form aforesaid had and levied was to the use of the aforesaid Richard and his Heirs After which Fine so as afore is said levied that is to say the 20th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th aforesaid the aforesaid Indenture to the aforesaid Richard as before is said made before the aforesaid Justices of the said Lady the the Queen of the Bench here was inrolled And the said Elizabeth further saith That she to that grant of the Reversion of the Tenements aforesaid with the Appurtenances above as afore is said demised by virtue of which Fine aforesaid the aforesaid Richard did not attorn or agree And this she is ready to aver Whereupon she demandeth Judgement if the aforesaid Richard his Action aforesaid against her ought to have c. And the aforesaid Richard saith That the aforesaid Plea of the aforesaid Elizabeth above in Bar Pleaded and the matter in the same contained is insufficient in Law to bar him the said Richard to have his Action aforesaid against the aforesaid Elizabeth And that he to that Plea in form aforesaid pleaded needeth not nor by the Law of the Land is bounden to Answer And this he is ready to aver Wherefore for want of a sufficient Plea in Bar in this behalf made the aforesaid Richard demandeth Judgement and his damages by the occasion of the Waste aforesaid to be to him adjudged And the aforesaid Elizabeth in as much as she hath alleged sufficient matter in Bar of the Acton aforesaid which she is ready to aver which matter the aforesaid Richard doth not deny nor to the same any wayes answereth but to that averment altogether refuseth demandeth Judgement and that the aforesaid Richard be barred from having his Action aforesaid against her c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet FINIS THE TABLE A. AButtals of Acres set forth Folio 271 Action upon the Case for turning the Course of a water from a Mill 1 Vpon Assumpsit by a Woman Exâ—cutrix to pay mony upon forbearance not to molest her 7 Act of Parliament special to erect and found an Hospital 368. with the particulars of a foundation 368. 369 Adjornment of an Assize and for what Cause 18 19 Of Pleas 18 22 161 232 257 337 Of the Term 161 232 257 337 338 Agreement to pay Rent if it amount to an Attornment 271 Aid 266 Administration of goods committed 72 73 Alien born one born in Scotland since 1 Jac. nor Alien 10 Amoveas Manum 190 Arrests upon the Sabboth day 148 whereupon Arrest the Sergant is to shew his Mace c. 148 149 Arbitrament 25 Attornment 271 Two Joynts for life upon a grant of the Reversion one attorneth and good 354 355 Of one Joyntment is the Attornment of both 354 Audita Querela the form of it 21 To discharge the party out of Execution being taken upon a Capias ut lagaâ—um after juâ—gement 21 â—2 Averâ—ment 190 20â— 213 217 226 266 2â—0 â—26 Of Plea 10 24 26 Where it is Collateral of a thing out of the deed â—3 Authority of the Presidâ—nt and â—ensors of the Colledge of Physicâ—ans in London and the extent of it 131 Where it doth not extend to Doctors of Physick in the Vniverslties 134 135 Avowry 220 237 238 259 268 For Arrerage of a Rent charge granted by Tenant in tail â—n remainder 222 The taking of an Ox for a Heriot 269 For Arrerages of Rent 271 B. BAil 220 153 Bar 11 12 144 154 163 221 251 252 269 271 19â— 233 238 241 242 301 345 Fine annd Recâ—â—ery by Tenant in tâ—il is a Barr of a Rent granted by him in the remainder 224 In Avowry 260 In Audita Querela 22 In Dower 31 32 33 A grant of the King a Barr in a Scâ—re Facias to repeal Letters Pâ—â—ents 287 288 In Trespass 307 324 340 Of Conusance 252 Bargain and Sale 119 288 325 154 Of Lands to the Queen 160 Of Lands to Vses 171 172 By Tenant in tail 170 Of aterm for yeers 73 Of the Charter-house and of Lands belonging to it 372 373 374 Of Deeds Charters and Evidences 374 Of Lands to the Governours of an Hospital 390 391 392 Where it shall not relate to avoid a Fine 398 399 C. CErtificate of the Causes of disfranchising a Citizen or Burgess and removing him from his place and Office 274 to 279 Conditions to stand to an Award and Arbitrament 25 Not to alien a Term for years 70 Where broken because the thing is not done within convenient time 161 Where broken because the partâ— hath dissabled himself to perform it 161 Not to alien or discontinue Lands intailed 311 312 313 Colour 308 325 Common Recovery 244 312 The form of pleading it 41 59 320 86 141 Vses of it declared by a deed subsequent to the Recovery 12 In the Court of Hustings in London in a Writ of Right Patent 57 58 Where a Bar of an Estat 〈…〉 l 42 43 By Tenant in tail an 〈…〉 Release with warranty where shall bind the issue in tail 138 139 140 141 142 Vpon a Writ of Right Patent 138 Suffered by Tenant in tail 312 313 To Vses 86 87 88 89 139 Considerations 86 What good to ground an Assumpsit upon 6 7 What good to raise Vses 39 40 102 308 Confess and avoid 215 223 Confirmations 255 Of the King of a Lease
here untill from the day of St. Michael in one Moneth then next following At which day here cometh as well the said Owen as the said John by their Attornies aforesaid and upon this further prayeth liecnce thereof to imparl here c. Until from Easter day in 15. dayes and hath it c. And the same day is given to the said Owen here c. At which day of 14. dayes of Easter came as well the aforesaid Owen as the aforesaid John by their Attornies aforesaid and upon this The said Owen prayeth that the aforesaid John to his Writ and Declaration aforesaid answer And the said John Drury saith That he for any thing before alleged from having execution of his Debt and Damages against him the said Owen ought not to be barred or delayed Because he saith That after the aforesaid time in which it is supposed the aforesaid Owen out of the custody of the aforesaid Sheriff of Surry to have escaped and before any further execution against the aforesaid Owen by him the said John by Colour of the Judgement aforesaid was sued forth and had that is to say in the Term of St. Michael in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid out of the aforesaid Court of the said Lord the King that now is of the Bench here upon the Outlawry as is before said pronounced Issued forth a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen At the Sute of the said John then to the Sheriff of the County of Midd. directed By which Writ The Lord the King commanded the aforesaid Sheriff of Midd. That he should not omit for any Liberty of his County but that he take the aforesaid Owen by the name of Owen Bray late of Cobham in the County of Surry Gent. Outlawed in the aforesaid County of Sussex the aforesaid 19th day of May in the year of the Reign of the Lord the King that now is the 6th abovesaid at the Sute of him the said John by the name of John Drury Doctor of Law Of a Plea of Debt whereof he was convicted if he should be found in his Baliwick and him should safe keep c. So as he have his Body here that is to say at Westminster aforesaid in the aforesaid morrow of All Souls the self same Term of St. Michael in the yeer aforesaid to do and to receive what to the Court of the said Lord the King thereof should consider in that behalf At which morrow of All Souls here that is to say at Westminster aforesaid cometh the aforesaid Owen by William Brown then his Attorny And the Sheriffs that is to say George Bolles and Richard Farrington then Sheriffs of the aforesaid County of Midd. then here sent That the aforesaid Owen was not found c. And upon this the said Owen then prayed the hearing of the Writ of Exigent upon which the said Owen at the Sute of the said John Drury aforesaid in form aforesaid stood Outlawed And it was then read to him in these words JAMES by the grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sherifs of Sussex greeting We command you that you put in Exigent Owen Bray late of Cobham in the County of Surry Gent. from County in County until according to the Law Custom of our Kingdom of England he be Outlawed if he shall not appear And if he shall appear then that you him take cause safely to be kept so as you have his body before our Justices at West in the morrow of the Holy Trinity to satisfie to Iohn Drury Doctor of Law as well of a certain debt of 200. pounds which the said Iohn in the said our Court before our Justices at Westminster Recovered against him as of 33. shillings and 4. pence which to the said Iohn in the same our Court were adjudged for his Damages which he had by occasion of the detaining the same Debt whereof he is Convicted And sent to our Justices at Westminster in 8. dayes of St. Hillary That the aforesaid Owen is not found in your Baliwick And have here this Writ witnesse Edward Coke at Westminster the 25th day of Ianuary in the yeer of our Reign of England France and Ireland the 5th and of Scotland the 41. Which being read and heard The said Owen said That he of the Outlawry aforesaid ought not to have him charged because the said Writ of Exigent had not any certain day of Retorn these words Saint between the word morrow and Trinity not having any signification as by the Writ aforesaid then it appeared And for the same Cause the said Owen then prayed Judgement and that the Outlawrie aforesaid in form aforesaid pronounced and had be annulled made void and altogether holden for nought Upon which the Writ aforesaid then being seen And by the Justices here then fully understood To the same Justices it then appeared That the Allegation of the aforesaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true Therefore then it was considered in the said Court here that the said Owen by occasion of the Outlawry aforesaid should not be be molested or troubled but should go thereof acquitted c. as by the Record thereof in the said Court here remaining fully appeareth And so the said John Drury saith That there is not any such Record of the Outlawry aforesaid as the said Owen by his Writ and Declaration aforesaid above supposeth And this he is ready to aver whereupon he prayeth Judgement if he from execution of his Debt aforesaid and damages aforesaid against the aforesaid Owen ought to be barred c. and the aforesaid Owin saith that the aforesaid plea of the aforesaid John in form aforesaid above pleaded is not sufficient in Law to the said John his execution by Colour of the Iudgment aforesaid to have and maintain and that he to that plea in manner and form aforesaid above pleaded needs not nor by the Law of the Land is bound to answer and this he is ready to aver wherefore for default of sufficient plea of the aforesaid John in this behalf the said Owen as at first prayeth Iudgement and that the said John from his execution by colour of the Iudgment aforesaid be barred and that the said Owen be thereof charged c. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the Iudgment aforesaid against the said Owen to have and maintain above hath alleged which he is ready to aver which matter the said Owen doth not deny nor to the same any waies answereth but the said averrant altogether refuseth as before prayeth ludgement and execution of his Debt and damages aforesaid against the said Owyn to him to be adjuged c. and because the Iustices here will avise
themselves of and upon the premises before that they give their Iudgement thereof Day is given to the parties aforesaid until the morrow of the Holy Trynity to hear their Iudgement because the same Iustices here thereof are not yet c. Actions of Debt Trinity Anno. 70. of King JAMES Vineors Case Rot. 2629 C. 8. part fo 80. a WIlliam Wilde late of Themilthorp in the County aforesaid Yeoman Norff. otherwise called William Wilde of Themilthorp in the County aforesaid Yeoman was summoned to answer to Robert Vineor of a plea that he renders unto him 20 pounds which to him he oweth and unjustly detayneth c. And whereupon the said Robert by Thomas Vynior his Attourney saith that whereas the said William the 15th day of July in the year of the reign of the Lord the King that now is of England France and Ireland the 6th at Themilthorp by his certain writing Obligatory granted him to be bound unto the said Robert in the aforesaid 20 pound to be paid to the said Robert when he was therof required yet the said William although often required the aforesaid 20 pound to the said Robert not yet hath rendred but the same to him hitherto hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the valew of 10 pound and thereof hebringeth sute and he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie whose date is the day and year aforesaid c. And the aforesaid William by John Bussel his Atturney commeth and defends the force and injury when c and prayeth the hearing of the writing aforesaid and it is read unto him he also prayeth the hearing of the Condition of the said writings and it is read unto him in these words The Condition of this Obligation is such that if the above bounden William Wilde do and shall from time to time and at all times hereafter stand to abide observe perform fullfill and keep the Rule Order Judgment Arbitrament Sentence and final Determination of William Rugge Esquire Arbitrator indifferently named elected and chosen aswel of the part and behalfe of the said William Wilde as of the part and behalf of the abovenamed Rober Vynior to Rule order adjudge arbitrate and finally determine all matters sutes Controversies debates griefes and contentions heretofore moved and stirred or now depending between the said parties touching or concerning the sum of 22 pence heretofore taxed upon the said William Wilde for diverse kind of Parish business within the said Parish of Themilthorp so as the said A ward be made and set down in writing under the hand and seal of the said William Rugge at or before the Feast of St. Michael the Archangel next insuing after the date of these presents that then this present obligation to be void and of none effect or else the same to stand abide and remain in full power strength and virtue Which being read and heard the said William Wilde saith that the aforesaid Robert his action aforesad against him ought not to have because he saith that the Arbitrator aforesaid after the making of the writings and before the aforesaid Feast of Saint Michael the Archangel in the condition aforesaid above specified did not make any Arbitrament in writing under the hand and seal of the same Arbitrator between him the said William and the aforesaid Robert of and upon the premises aforesaid in the condition aforesaid above specified according to the form and effect of that condition this c. he is ready to aver whereupon he prayeth judgement if the aforesaid Robert his action aforesaid against him ought to have And the aforesaid Robert saith That he by any thing before alleged from having his action aforesaid ought not to be barred because he saith that the said William Wilde after the making of the writing aforesaid and before the aforesaid Feast of Saint Michael the Archangel then next following that is to say the 22 day of August in the year of the Reign of the Lord the King that now is of England c. the 6th aforesaid at Themilthorpe aforesaid by a certain writing which the said Robert with the Seal of the said William Sealed in Court brings whose date is the same day and yeare reciting that whereas he the said William then stood bounden to the aforesaid Robert by the name of Robert Vinyor in one writing Obligatorie in the sum of 20 pound which condition in the said writing for the performance and fulfilling of the Arbitrament Rule Order Judgement Sentence and final determination of William Rugge Esquire Arbitrator chosen aswel on the part of the said William Wilde as on the part of the above named Robert Vinyor as in the said writing Obligatory more fully is appeared or might appear then the said William intending the revocation thereof by the said writing of Revocation revoked and did call back all the authority whatsoever which the said William Wilde by the said writing Obligatory had given and commtited to the aforesaid William Rugge his Arbitrator and then altogether dissallowed and held void all and whatsoever the aforesaid William Rugge after the delivery of the same writings of revocation should do to him in and about the said Arbitrament Rule Order Iudgement Arbitrament Sentence and Determination of all matters sutes controversies debates griefs and contentions then before moved and stirred or then after depending between the said parties touching or concerning the sum of 22 pence taxed upon the said William Wilde according to the aforesaid writing Obligatory as it was in the same mentioned and declared as by the said writing of Revocation more fully appeareth and this he is ready to aver whereupon in as much as the aforesaid William Wilde after the making of the writings aforesaid before c. the said Feast of Saint Michael the Archangel then next following in form aforesaid discharged and dissallowed the Arbitrator aforesaid of all authority of arbitrating of and upon the premises in the condition aforesaid above specified contrary to the form and effect of his condition and submission in the same mentioned the said Robert prayeth Iudgment and his debt aforesaid together with his damages by occasion of detayning of the same debt to be adjudged unto him c. and with that the said Robert will aver that the aforesaid writing obligatory here in Court brought and the aforesaid writing in the aforesaid writing of revocation specified is one and the same writing and not other nor diverse And the said William Wilde saith that the plea of the said Robert above by repplication pleaded is not sufficient in Law to bar him the said Robert his action aforesaid against the said William to have and maintain and that he to that plea in manner and form aforesaid pleaded needeth not nor by the Law of the Land is bounden to answer and this he is ready to aver whereupon and for want of
in consideration of service done 71 Consultations 220 Plea for it 215 Continuances 5 18 36 50 62 78 91 96 105 120 121 144 161 173 174 179 208 227 236 249 257 264 270 299 314 322 328 336 344 355 356 357 358 Covenants to stand seised to the use of himself in tail remainder to the Queen 38 39 307 To levy a Fine 82 164 100 201 To stand seised to Vses 171 193 195 To deliver Evidences 55 To free Lands from Incombrance 56 That the Rents shall continue payable to the bargainee and his Heirs 56 To make further assurance 57 3â—9 To make a Joynture 99 To suffer a Recovery to Vses 318 That an Estate tail upon an Alienation shall cease as if Tenant in tail were dead without issue 311 To make Leases in Reversion 350 Conusance made by Bayliffs for Arrerages of Rent 251 Countermand Of an Arbitrament and what words are a good countermand of it 25 26 Count. In Dower 32 In a Formedon in Discender 137 Costs le Incrementa 3 51 63 67 105 250 258 264 268 344 352 D. DAmages In an Action upon the Case 3 5 8 Declarations In an Action upon the Case for diverting a Water course 1 In Assumpsit to pay mony upon forbearance not to molest 7 In Andita Querela 22 In Debt upon an Escape against a Sheriff 44 In Debt 25 27 34 In Ejectione Firme 51 69 77 82 92 52 97 106 121 In an Action of false Imprisonment 126 In an Action for proceeding against the Queens Prohibition 214 215 In a Replevin 220 233 239 259 265 268 In a second Deliverance 250 251 270 In Trespass 306 316 324 329 339 345 352 360 366 In Trespass for disturbing him to execute his Office Ut Armis where good 361 362 In Waste for cutting down and destroying of Woods 395 396 Defence 25 27 33 40 46 70 80 122 137 251 265 268 271 324 339 352 361 3â—6 Deeds Of Confirmation of a Rent 255 A Deed read to a Man illiterate in other words than it is shall not bind him 343 344 Of appointment of a Master and Governour of the Lands of an Hospital 387 Debt 25 27 Against Executors For Rent 37 Against the Sheriff for an Escape of one in Execution 44 Departure 143 Devises 30 31 To Executors to perform his Will till his Son come of the Age of 21. yeers 94 Vpon Condition to perform his Will with several limitations over to other persons to that purpose 110 112 113 Of Lands to his Wise upon Condition to bestow the profits to charitable uses 158 159. And she to have the profits during her life discharging the said uses 158 159 Of Lands to superstitious uses where void 107 108 109 Of a Term to Executors 155 Of a Term 2â—1 Of Lands to one for life the remainder to the next right Heâ—r of Tenant for life 234 Dissability 9. And what shall be a good Plea in Dissability 9 Dies datus 11. In Assize 150 172 D stringas 156 Dower where not barred by a Release 31 32 33 E. ECclesiastical Court where they refuse to allow Plea in discharge of Tythes 214 Ejectione Firme 54 69 79 92 97 106 121 Entry where congeable 95 Where for a forfeiture by Tenant for lâ—fe a Joyntress 104 For a forfeiture by a Devisâ—e upon Condition for a condition broken 159 Escape â—â— here letting a Prisoner at large is escape 49 Errors Vpon a Judgement in Debt upon an Escape 51 Where assigned where not 66 Assigned for the Queen by her Attorny General 176 177 17â— Exemplification Of the Charter of 11. E. 3. Of the Kings grant of the Lutchy of Cornwall to the Prince 291 to 297 F. FAlse Imprisonment 126 Feoffments 117 252 269 324 341 Vpon consideration to make a Joynture to the Wife 99 By a Feoffee to use where it destroyeth contingent â—ses 331 To uses 107 221 330 331. Contingent uses 333 Vpon Condition to pay a Rent to be void upon tender 252 Of a Mannor 27â— Of a House and Lands where the livery and seisin is not good nothing passeth 260 261 262 263 Fessments Contingent uses destroyed by Fests though the Feoffee hath notice of the uses in contingency 333 Levied of Lands after a Bargain and Sale first made thereof though the deed be afterwards inrolled shall stand good 399 400 Fines levied 81 83 100 101 201 202 223 239 240 242 340 Of Lands levied to the King and his Heirs Males of his Body 164 Vpon Condition 341. till mony be paid Of an Advowson 224 By Tenant for life and he in the remainder where no forfeiture but a grant of their Estates 239 240 Fine Where paid for a contempt 162 Forfeiture When by Tenant for life who comes in a Vouchee upon a common-recovery 59 60 66 By a Woman Joyntress upon a Lease made contrary to the Statute of 11. H. 7 cap. 20. 140 Where Tenant for life the Tenant in tail enfeoffees him in the reversion it is a forfeiture and devests the remainder 334 Formedon 136 G. GAvel Kind 189 Grants Of a Rent charge by Tenant in Tail in th Remainder 222 Of a Rent for life with clause of distress 251 That a Condition and power to revoke uses shall cease 328 Of a Copy hold estate by a Disseisor not good 335 A Grant of Lands to 〈…〉 d his Heirs Habendum to him and his Heirs for yeers the Habendum is void 349 350 Of a Reversion upon a Lease for life to two and one attornes 354. Grants of the King 117 166 167 316 317 Of the Office of a Sergeant at Arms 390 Ex gracia speciali certa scientia mero motu 117 118 Of a Chauntry 118 In Fee Farm 118 Non Obstantes in the Kings Grants 118 119 Of a Ward and Wardship 190 Of the Office of Steward of his Manors and Lands to an Infant from his full age for yeers 360 362 Good from a Day past 361 H. HAbere Facias seisinam 246 321 Habendum in a deed of Grant where it shall be void where not 349 350 Hospital foundation and erection of it and giving Lands to it with all particulars touching a legal foundation 376 377 I. Ioynture to the Wife with remainders over 99 100 Indentures Declaring uses upon recovery 15 Of Bargain and Sale of a Messuage and Lands 55 Of uses with Power of Revocation and to limit new uses 195 197 Of Covenant to suffer a common recovery to uses 318 319 Incorporation Of Governours of an Hospital with the particulars incident to such an Incorporation 377 378 379 380 Indictments Of Murder and the form of it 144 145 Must be certain in all poynts and circumstances 146 149 150 151 152 Not of the Accessary before the principal be attainted 152 Of Declaration of new vses or to a power of revocation 200 201 Information Of Intrusion upon the Queens possession 153 162 Inquisitions 185 Intitling the King to seize upon default of executing an Office 301 Imparlance 2 8 46 80