Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	advise_v	aforesaid_a	attorney_n	3,390	5	12.3801	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93107	An exact collection of choice declarations, with pleas, replications, rejoynders, demurrers, assignement of errours and the entries of judgments thereupon affirmed. / Collected by VV. S. one of the clerks of the upper bench office : in the reignes of Queen Elizabeth, King James, and the late King Charles. Diligently perused, and translated into English, for the benefit and helpe of young clerkes. With an exact table, wherein may be found the principall matters contained in the whole book.	W. S., One of the clerks of the Upper Bench Office.; J. W.; Sheppard, William, d. 1675?, attributed name.; Small, William, 17th cent, attributed name.	1653 (1653)	Wing S3185; Thomason E210_1; ESTC R10408	294,804	288

the Justices aforesaid that the aforesaid Plaintiff should goe quit without day c. By reason of which said premises the aforesaid Plaintiff hath been enforced and compelled to expend and lay out great sums of mony and been at very great trouble and loss about the cleering of himself and the restitution of his good name fame and reputation and the evacuating and making voyd of the aforesaid Indictment To the damage of him the said Plaintiff of 100. l. And thereupon he brings his Sute c. Not guilty pleaded to this T. Farrer Attorney for the Plaintiff I. Wem Attorney for the Defendant ACTIONS OF CONTINUANCE CONTINUANCES AFterwards the Processe being thereupon continued between the parties aforesaid Continuance of a Decem tales upon the Roll. of the aforesaid Plea put here between them in respite before the Lord the King at VVestminster untill Tuesday next after fifteen dayes from the day of Easter from thence next following for default of Jurors c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Jurors of that Jury being called some of them came and some of them came not And because the residue of the Jurors of the aforesaid Jury appeared not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Friday next after the morrow of the holy Trinitie for want of Jurors c. Therefore the Sheriff is to have their bodies c. And he is to put ten others c. The same day is given to the parties aforesaid there c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Sheriff retorns the names of the ten others of which now c. And as to the further Execution if the Writ aforesaid the Sheriff retorns that the Writ aforesaid was so lately delivered unto him that for the shortnesse of time he could not make any further Execution Therefore the Jury is further put in respite before our Lord the King at Westminster untill Friday next after fifteen dayes of St. Michael for want of Jurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the Jurors of that Jury some of them came and some of them came not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Thursday next after from the day of St. Michael in three weeks for want of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid c. At which day before Continuance upon a Summons ad Auxiliand c. came the parties aforesaid by their Attorneys aforesaid And the Sheriff sent not thereupon the Writ Therefore it is commanded him as otherwise that he Summon by good Summoners the aforesaid W. that he be before c. such a day wheresoever c. to joyn himself in aid to the foresaid L. to expect and maintain that issue with the aforesaid L. if c. And further c. And as to the trying of those issues above joyned The Jury is thereupon to come before our Lord the King at the same Term wheresoever c. And who neither c. to Recognize c. Continuance of a Demurrer in Law and an Issue AT which day here came the parties aforesaid c. And because the Justices will advise themselves of and in the aforesaid Plea whereupon the parties aforesaid have above demurred in Law before they thereupon render Judgement Therefore day is given to the parties aforesaid here until eight daies of St. Hillary of hearing thereupon this judgement Because the Justices here have not as yet c. And as to the trying of the issue aforesaid between the same parties by the Countrey to be tried above joyned The Sheriff hath not sent the Writ Therefore as formerly Command is to the Sheriff that he cause to come at the same Term twelve c. To Recognize in form aforesaid c. Continuance of Scire facias in a Writ of Error AT which day before our Lord he King at Westminster came the aforesaid Plaintif in a Writ of Errour in his proper person And the Sheriff sent not the Writ thereupon c. Therefore as otherwise it is Commanded the Sheriff that by honest men c. he make known to the aforesaid Defendant that he be before our Lord the King such a day wheresoever c. To hear the Record and Processe aforesaid And further c. The same day is given to the aforesaid Plaintif by the aforesaid Manuceptors c. Continuance of a Judgement after Verdict AT which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here of their judgement to be rendred of and upon the Premisses are not as yet advised Therefore day is given to him the said Plaintif in the same state c. is now in before our Lord the King untill such a day wheresoever c. of hearing thereupon their judgement c. AT which day before our Lord the King at Westminster Continuance of an Exigent came the aforesaid Plaintif by his Attorney aforesaid And the aforesaid Defendant came not nor the Sheriff thereupon sent the Writ Therefore Command is to the Sheriff that if now he cause him to be called from County to County untill he shall be Outlawed if not c. And if c. then he shall take him and safely keep him so that he may have his body before our Lord the King such a day wheresoever c. AT which day before our Lord the King at Westminster Continuance of a Distringas in Attaint came aswell the parties aforesaid by their Attorneys aforesaid as the aforesaid three Jurors of the first inquisition formerly appearing in their proper persons And the Sheriff hath not sent the Writ Therefore the Jury of the tweny four Knights aforesaid remains to be taken before our Lord the King on the Morrow c. wheresoever c. for default of Jurors of the same Jury of 24. Knights c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of 24. Knights by all their lands c. And that of the issues c. So that he may have their bodyes before our Lord the King at the same Term The same day is given aswell to the parties aforesaid as to the aforesaid three Jurors of the first inquisition aforesaid now appearing c. THe Jury between C. S. by his Attorney Plaintif Continuance● of a Jurata for want of Juror and a Decem Tales awarded and E. R. of

a Plea of Debt put in respite before our Lord the King at Westminster untill such day c. unless c. first c. at such a place c. by the form of the Statute c. Come for default of Jurors At which day before our Lord the King at Westminster came the parties aforesaid by their Attorney aforesaid And the aforesaid Justices before whom c. have sent here the Record of the Jury aforesaid before them had in these words Afterwards at the day and place aforesaid reciting the Record untill came as well the within named c. as the within written c. And the Jury likewise called some of them came and some of them came not as appears in the Panell c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King c. untill c. Therefore the Sheriff c. is to put ten such c. The same day is given to the parties aforesaid here c AT which day before our Lord the King at Westminster Continuance upon a matter in Law and Verdict came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here aswell of their judgement upon the Verdict aforesaid as of their judgement of the matter in Law above pleaded to be rendred are not as yet advised Day is thereupon further given to the said parties in the state wherein they are now before the Lord the King at Westminster untill eight dayes of St. Hillary wheresoever c. of hearing thereupon their judgement c. for that the Court of our Lord the King here is not as yet c. Continuance in Attaine where the Sheriff Reto●●s not the Writ and out of the assent of the parties the Jury is not taken AT which day before our Lord the King at Westminster came as well the parties aforesaid by their Attorneys aforesaid as the aforesaid seven Jurors of the first Inquisition aforesaid formerly appearing in proper person And the Sheriff Retorns the Writ to our Lord the King thereupon in all things prepared and executed But the Jurors of those twenty four Knights aswell of the assent of the parties aforesaid and the aforesaid seven Jurors of the former Inquisition aforesaid as of the Jurors aforesaid of the twenty four Knights remains to be taken before our Lord the King untill the Morrow c. wheresoever c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of twenty four Knights by all their lands c. And that of the Issues c. And that he have their bodies c. before our Lord the King at the same Term c. the same day is given aswell to the parties aforesaid as to the aforesaid seven Jurors of the first Inquisition aforesaid now appearing c. Continuance by a Writ of adjournment BEfore which day the Plaint aforesaid was adjourned by the Writ of our Lord the King of Common adjournment untill eight dayes of St. Hillary then next following wheresoever c. At which said eight dayes of St. Hillary the Plaint aforesaid was further adjourned by the Writ of our Lord the King of Common adjournment untill from the day of Easter in fifteen dayes unto the Castle of Hertford At which day c. Continuance of the Jurata where the Plaintif acknowledgeth one of the Defendants to be dead AT which day came aswell the aforesaid P. as the aforesaid R. by their Attorneys aforesaid And the aforesaid P. sayes that the aforesaid A. is dead c. Therefore against him nothing is further thereupon to be done c. And thereupon the parties aforesaid now appearing The Sheriff thereupon sent not the Writ c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King untill in eight daies c. wheresoever c. for default of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid now appearing c. Continuance of a Jurata by the assent of the parties THe Jury between I. S. Esquire Plaintif and T. W. of c. of a Plea of Trespass put in respite here untill such a day c. aswell of the assent of the parties aforesaid as of the Iurors of the same Iury now here at this day to wit from the day of Easter c. appearing Therefore the Sheriff is to have their bodies c. THe Iury between T. W. Gent. by his Attorney Plaintif Jurata which serves either for debt trespass or Ejectione firme And G.D. of c. of such a Plea put in respite before our Lord the King at Westminster untill Tuesday next after Eight dayes of Saint Michael unlesse the Iustices of the Assizes of our Lord the King in the County aforesaid assigned to be taken first on Monday the eighth day of August at Newark upon Trent in the County aforesaid by the form of the Statute c. Come for default of Iurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. And it is to be known that the Writ of our Lord the King thereupon the fourth day of July in this self-same Term before our Lord the King at Westminster is delivered of Record to the Deputie of the Sheriff of the County aforesaid in form of Law to be Executed under a penaltie c. UNless the beloved and faithfull c. John Popham Knight This difference in Guild-hall London before the Chief Justice Chief Iustice of our Lord the King of the Pleas in the Court of him the said Lord the King before him the said King assigned to be held first on Saturday next after c. at Gild-hall London by form of the Statute c. as in the next before ACTIONS of COMMITTITVR COMMITTITUR Committitur of a Prisoner to the Marshall being under the Custodie of the Sheriff by a Case AFterwards to wit the twenty fifth day of May then next following before our Lord the King at Westminster came W. R. in his proper person under the Custody of the Sheriff of the County aforesaid in Execution for the damages aforesaid by vertue of the Writ of our Lord the King of Capias ad satisfaciendum to him the said Sheriff of and upon the Premisses directed which said R. is committed to the Marshall c. there to remain untill c. according to the form of the judgement aforesaid c. Committitur of a Prisoner upon a Case COmmand was to the Sheriff that he should take c. Whereof he is Convict And now here know aswell the aforesaid A. by his Attorney aforesaid as the aforesaid Defendant in his proper person by the Sheriff of the County aforesaid brought to the Bar And the Sheriff now retorns that he took the bodies of him the said Defendant And

the judgement in the same Record was rendred that he should be taken as if it were entred in the same Record within And nothing of Fine of that party because he is pardoned as the aforesaid I.S. by his Plea aforesaid above hath alleged And further the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the aforesaid Writ of our Lady the Queen further certifies that having serched the Rolls of Robert Berners Phillizer of the County of S. of the Term of Easter in the 41. year of the Reign of our Lady the Queen that now is he finds as within in these words appears That is say Pleas at Westminster before Edmund Anderson Knight and his fellows Justices of our Lady the Queen of her Bench here of the Term of Easter in the Reign of our Lady Elizabeth by the grace of God c. the 41. Roll 386. The Entry of the Warrant of admission with the Phillizer ss IOhn Mallows and W. E. are admitted by the Court of our Lady the Queen here to prosecute for I. S. who is within age as the next of Kindred of him the said I. S. against N. S. lately of c. Gentleman of a Plea of Trespass and assault Which said Writ so as aforesaid returned amongst the Records of this Court is filed Upon which the aforesaid I. S. sayes that in the Record and Process aforesaid nor in the rendring of the judgement aforesaid there is nothing erroniou● and prayes that the Court of our Lady the Queen here may proceed unto examination aswell of the Record and Process aforesaid as of the matters aforesaid above for errors assigned and that the judgement aforesaid may be affirmed And because the Court of our the Lady the Queen here of their judgement of and in the premises to be rendred are not as yet advised day thereupon is given to the parties aforesaid before our Lady the Queen untill eight dayes of St. Michael wheresoever c. of hearing thereupon their judgement for that the Court of our Lady the Queen here thereupon are not as yet At which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid and upon this all and singular the premises being by the Court of our Lady the Queen here seen and fully understood and mature deliberation thereupon had for that that it seems to the Court of the Lady the Queen here that aswell the aforesaid Writ of Certiorare to the aforesaid chief Justice of the Common Bench in form aforesaid issued and directed as the aforesaid answer of the same chief Justice of the Bench unto that Writ as now it remains filed upon Record before our Lady the Queen does not sufficiently and fully agree and answer the aforesaid allegation of the aforesaid I. S. as to the aforesaid custom o● the said Court of Bench for the entring of an admission of an In●ant to prosecute by his next of Kindred in any his Pleas in the Rolls of the same Court where the Declaration of such infant is entred and enrolled by the aforesaid I. S. above a leged so that the same Court of our Lady the Queen before her the said Queen here for the incertaintie of the truth of such custom of the said Court of Bench in that behalf in form aforesaid alleged to their judgement of and upon the premises aswel on the part of the aforesaid N. S. in deniall as on the part of the aforesaid I. S. in affirmation to the judgement aforesaid above alleged cannot proceed Without more full information of the consciences of the Justices And that the Court of our Lady the Queen here before her the said Queen of the truth of the custom of the said Court of Bench in that behalf above alleged An Alias Cer●orare warded Therefore it is commanded the aforesaid chief Justice of the Bench aforesaid that he the full and whole certaintie and truth of the aforesaid custom of the said Court or Bench of the entrie of the admission of Infants to prosecute by their next of Kindred in personall Pleas in the same Court by the aforesaid I. S. above alleged to our Lady the Queen aforesaid from the day of St. Hilary in fifteen dayes wheresoever c. doe certifie together with the Writ thereupon to him directed c. The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid Chief Justice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed to her the said Lady the Queen at Westminster aforesaid at the same day certified The Return of the Cer●●rare that in the said Court of our Lady the Queen of the Bench is had and from the time out of mind there hath been had such a custom used and approved in the same Court of Bench that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next of Kindred in any Plea entred and inrolled and to be entred and inrolled have been used and accustomed in the Roll where the Declaration in that Plea is entred and inrolled Which said Writ so as aforesaid returned together with the return thereupon amongst the Records of this Court is filed And upon this the aforesaid I. S. further prayes that the Court of our said Lady the Queen here may proceed to the Examination aswell or the Record and Process aforesaid as of the aforesaid matters above for errors assigned and that the judgement aforesaid may be affirmed and because the Court of our said Lady the Queen here are not as yet advised of and upon the rendring their judgement of and upon the premises day is thereupon further given to the parties aforesaid before our Lady the Queen Mich. Term 41. 42. Judgement was affirmed in this cause Roll. 417. untill from the day of Easter in fiftteen dayes wheresoever c. of hearing thereupon their judgement For that the Court of our said Lady the Queen here thereupon as yet have not c. ss AFterwards to wit on Saturday the 9. The affirmation of a judgment upon a W●t of Error out of the Kings B●●ch into the Exchequer Chamber day of February in the 2. year of the Reign of our Lord the King that now is The transcript of the Record and Process aforesaid between the parties aforesaid with all things touching them by reason of a certain Writ of our Lord the King of correcting error by them the said Thomas Scot Elizabeth and Thomas Forn of and upon the premises prosecuted before the Iustices of our said Lord the King of his Common Bench and the Barons of the Exchequer of our said Lord the King in the Exchequer Chamber aforesaid according to the form of the Statute in the Parliament of the

that he had him now here ready upon which the same Defendant is Committed to the Prison c. by occasion of the Premisses to stay untill c. Commitment after Iudgement AFterwards to wit such a day then next following before c. Came the aforesaid I. in his proper person and rendred himself to the person of the Marshall of the Marshallsee of our Lord the King for the debt and damages aforesaid Upon which the same I. is committed to the Marshall of the Marshalsee c. in Execution for the debt and damages aforesaid There to remain untill c. ACTIONS OF ERROR ERROR AFterwards to wit such a day c. Error alleged in assault and batterie in the judgement that the Entrie was that the partie be taken when the cause of action was before a general Pardon in this self-same Term before our Lady the Queen at Westminster came the aforesaid Nicholas Stoddard by William Man his Attorney And sayes that in the Record and Processe aforesaid as also in the rendring of the judgement aforesaid it is manifestly Erroneous in this That whereas in every judgement Entred or to be Entred in Trespass and Assault after the generall pardon of our Lady the Queen that now is by Act of Parliament of Trespass and assault made before the same act of Parliament the judgements so Entred and to be Entred ought to be Entred And nothing of fine of the aforesaid Defendant because he is pardoned and not that he should be taken yet after the generall Pardon of our Lady the Queen that now is had and Enacted in the Parliament of our Lady the Queen that now is at Westminster in the County of Middlesex the twenty fifth day of October in the thirty ninth year of the Reign of our Lady the Queen that now is the Judgement aforesaid was Entred against the aforesaid Nicholas in the Plea aforesaid that he the said Nicholas should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid in the Record aforesaid specified which was long before the aforesaid act of Parliament of the generall Pardon aforesaid And so that Judgement is void in Law Also it is Erronious in this for that whereas the aforesaid John S. the aforesaid Term of Easter Error also for want of admission by Proc●●in amy the partie being within age in the aforesaid forty first year of the Reign of the Queen had prosecuted by John Mallows and William Evoring as the next kinsmen of him the said John yet there is not had any Record of the admission of the aforesaid I. S. being an Infant in form aforesaid to prosecute the Plea aforesaid by his next kinsmen aforesaid under the names of any of the Prothonotaries of the Common Bench Entred as by the Law and Custom of the Court of our Lady the Queen of Common Bench aforesaid it ought to be Entred And prayes a Writ of our Lady the Queen to the aforesaid Edmond Anderson Knight Chief Justice of our Lady the Queen of the Common to whom it belongs to make Certificates in that behalf to certifie our Lady the Queen thereupon more fully the truth And it is granted unto him c. By which it is Commanded the aforesaid E. Anderson Chief Justice of the Bench aforesaid That having searched the Rolls Certiorare to the Chief Justice awarded to certifie c. under the names in the Offices of the Prothonotaries aforesaid of the admission of Infants to prosecute by their next kinsmen of the Term and year aforesaid And what of the admission aforesaid in the same he shall find he should certifie forthwith to our Lady the Queen wheresoever c. together with the Writ to him directed The Certificate of the Chief Justice c. Which said Chief Iustice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon directed certified to her the said Lady the Queen that having searched the Rolls of the Entries of every of the Prothonotaries aforesaid in the aforesaid County of Suffolk of the Term and year aforesaid in his Custody of Record remaining he found not in the same any Entrie of the admission of the aforesaid I. S. to prosecute by I. M. and W. E. the next kinsmen of him the said I. being within age against the aforesaid N. S. of the aforesaid Plea as by the aforesaid Writ it was Commanded unto him which said Writ is Filed amongst the Records without day of this Term Upon which the aforesaid N. S. prayes a Writ of our Lady the Queen to warn the aforesaid I. S. of being before our Lady the Queen to hear the Record and Processe aforesaid And it is granted unto him c. By which it is Commanded to the Sheriff that by honest men c. he make known to the aforesaid I. S. that he be before our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. to hear the Record and Processe aforesaid if c. And further c. The same day is given to the aforesaid N. S. c. Den●rrer in Law to the first matter of the Errors And the aforesaid I. S. by T. Bland his Attorney comes and as to the aforesaid first matter by the aforesaid Nicholas above for Error in form aforesaid assigned For that that after the Generall Pardon of our said Lady the Queen that now is had and enacted in the aforesaid Parliament of our Lady the Queen that now is at Westminster aforesaid the aforesaid twenty fifth day of October in the thirty ninth year of her Reign aforesaid the judgement aforesaid was entred against the aforesaid N. in the Plea aforesaid that he the same N. should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid which was long before the aforesaid Act of Parliament of Generall pardon aforesaid The same I. by Protestation that that matter for that Error in form aforesaid assigned is insufficient in the Law to maintain the aforesaid Writ of Error of him the said N. in that behalfe To the which he the said I. hath no necessitie nor by the Law of the Land is bound in any manner to rejoyn for Plea yet he saith that in the aforesaid Court of Bench aforesaid there is had The Custom of the Common Bench alleged for the manner of Entring judgment in the Case and time out of mind there hath been had such a Custom used and approved That is to say that the Clerks of the same Court who for the time being are assigned and allowed to enter and Record any Iudgements in the same Court from time to time rendred and to be rendred were used and accustomed in the Entries of the Rolls and Records of the same Court of the Judgements rendred in the same Court upon any action of Trespass against the Defendant

B. the Brother the said Moity of the said Tenements which was of his the said G. B. according to the said Custom of Gavelkind descended unto the said I. B. and unto one R. B. as Kin and Heirs of the whole bloud of the said G. B. c. namely as Sons of H. B. Brother of T. B. Father of the said T. Father of the said T. B. the Son and G. B. by which they the said I. B. and R. B. before the said time in which c. into the said Moity of the said Tenements entred and thereof were seized in their Demesn as of Fee and so thereof being seized before the said time in which c. thereof Infeoffed the said I. M. To have to him and his Heirs for ever by vertue of which said Feoffement the said I. M before the said time in which c. demised the said Moity unto the said I. B. for the said Term of two years yet in being as the same I. B. before hath alleged by vertue of which said demise the said I. B. of that Moity was possessed untill the said I.C. at the said time in which c. chased the said Horse out of the 20. Acres of Land as the said I. B. before complaineth Without this that it hath or from the time of which memory is not it had any such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whatsoever Parent begotten should be inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the said County and either of those Heirs should dye without Heir of his body seized of his purpart of such like Inheritance that then the other Heir Coparcener of the same Heir surviving might inherit and by all the said time was inheritable and hath inherited and ought to inherit according to that Custom that purpart of all the Lands and Tenements of the said tenure and nature of Gavelkind aforesaid of the other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so dying without Heir of his body as the said H.C. before in pleading hath alleged And this c. whereupon from which the said H. C. the said Trespass being acknowledged prayeth judgement and his damages by reason of the said Trespass before acknowledged prayeth judgement and his damages by occasion of that Trespass to be adjudged unto him c. Issue upon Custom And the said H. C. as before saith that it hath and from the time which memory doth not remain it had such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whomsoever begotten were inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the same County and either of those Heirs should dye without Heir of his body seized of his put part of such like inheritance that then the other Heir Coparcener of the same Heir superviving might inherit and by all the time aforesaid was inheritable and hath inherited and ought to inherit according to that Custom the purpartie of all the Lands and Tenements of the said tenure and nature of Gavelkind of the said other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so without Heir of his body dying as the said H. before in pleading hath alleged Enter the Court will advise before the Ven ' fac ' adjudged and a speciall rendting of his Judgement thereupon in which they were before to confer with the Justices of the Bench and a Writ of Ven ' fac ' of the body of the County of Kent should be awarded And of this he putteth himself upon the Country and the said I. B. likewise And because the Court of the Lady the Queen hereof c. issues aforesaid between the said parties before joyned will advise before any Writ of Venir fac ' to the Jury to try the issue should be adjudged day is given to the said parties before the Lady the Queen in what State now untill in 8. days of St. Hillary whensoever c. then to attend and hear the Order or Judgement of the said Court of and upon the premises for that that the Court of the Lady the Queen thereof c. At which day before the Lady the Queen at Westminster commeth the said parties by their said Attorneys And c. And so it was continued by 10. Terms then next following c. And in this thing the inspection and view diligently aswell the said issues as in all and singular the premises by the Court of the Lady the Queen of the Bench is to be had and consulted with for that the Tryall of the said Issue doth touch and concern the Comunalty of the said County and it is the Custom that a Writ to call a Jury to try that Issue of the body of the said County of Kent should Issue forth and should be directed to the Sheriff of the same County by which the command is to the Sheriff of the same County that he should cause to come before the Lord the King in 8. dayes of St. Hillary wheresoever Ven ' fac ' of the body of the County of Kent awarded c. 24. aswell Knights c. of the body of the said County by whom c. And who neither c. to recognize c. because aswell c. the same day is given to the said parties there c. AND the said W. saith Plaintif saith that he held the said twenty acres of Land of the said Prior by Fealty Sure of Court and the rent of four shillings and for that rent behind the said Priaccustomed to distrain Without this that the Prior was seized of the Rent-charge as c. that the said R. B. the taking of the said Cattell and Chattells in the said place in which c. ought not to acknowledge just c. because he saith that he himself was seized of the said Ten acres of Land with th' appurtenances in his Demesn as of Fee and so thereof seized the same twenty acres of Land with th'appurtenance held of the aforesaid T. late Prior of the said Church by Fealty and Sute to the Court of him the said late Prior of his Mannor of I. in C. aforesaid to be held from three weeks to three weeks and by the Rent of four shillings unto the said late Prior at the Feast of St. Michael th'Arch-Angell yearly to be paid And the said W. M. and all those whose estate he hath in those twenty acres of Land held those twenty acres of Land with th' appurtenances of the said late Prior and his Predecessors heretofore Priors of the said Church by that Service and Rent in the right of the said Church from time out of mind held and by all the said time the said late Prior and all

to do which said arrest and leading to the prison aforesaid and laying hands upon him the said H. are the same taking imprisoning and ill handling whereof the aforesaid R. above complaines And this c. whereupon he prayes judgement whether the action c. AND the aforesaid R. saies that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the said H. W. Because by protestation not acknowledging any thing by the aforesaid H. above alleadged to be true for plea he saith The Plaintiffe replies that he offered security that he before the time of the Trespasse aforesaid made and the time wherein c. offered the aforesaid H. to finde sufficient security before T. Partridge then one of the Justices of the peace of our Lord the King for the same County assigned to be kept according to the form of the aforesaid precept by the said I.W. to him directed which to doe the same H. refused Without that that the same R.C. refused to come before the Justices of the Peace in manner and form as the aforesaid H. hath above alleadged Traverse the denying to come before the Iustices And this c. whereupon for that the aforesaid H. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid H sayes Issue upon the Traverse that the aforesaid R. refused to come before the Justices of our Lord the King to find sufficient security in manner and forme as the same H. above hath alleadged and of this he puts himselfe upon the Country And the aforesaid R.C. in like manner c. Justification by vertue of a common Watch according to the forme of the Statute of Winchester AND the aforesaid G. by I.W. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and whatsoever is against the peace of our Lord the King as also the whole Trespasse aforesaid besides the assault and imprisonment above supposed to be made sayes that hee is not guilty c. And as to the assault and imprisonment supposed to be made the same G. sayes that the aforesaid T. ought not thereupon to have his action aforesaid against him because he saith that in the Statute in the Parliament of Edward the first late King of England Progenitor of our Lord the King that now is at Winchester in the thirtieth yeare of his Reigne held published amongst other things It was ordained and established that watches should be made as more anciently they were wont to be that is to say from the day of the Ascension of our Lord unto the feast of St. Michael the Arch-angel that is to say in each City by six men at each Gate of the same and in every Town by twelve men and in every entire Village by six or foure men according to the number of the people inhabiting in them And that the Watches should be kept by the whole night from the Sun-set to the rising of the Sun so that if any stranger should make his journey through them he should be arrested until the morning following And if no suspicion should be then found of him that then hee should from thence goe quit as in the same Statute more fully is contained And further the same G. sayes that he at the time of the Trespasse aforesaid above supposed to be made was dwelling in the said Village of W. together with other the inhabitants his neighbours about him in the same Village were assigned to keep the Watches there and sayes that the aforesaid T. the time of the Trespasse aforesaid supposed to be made to wit such a day year and place came suspiciously to the Village aforesaid after Sun-set and before the rising of the same that is to say about the houre of eleven in the same night By which the same G. then came to the aforesaid T. and him at the same time wherein c. he arrested and detained him with him untill the morning following and compelled him to stay there according to the forme of the Statute aforesaid as it was lawfull for him to doe which said coming unto and detention by the cause aforesaid in form aforesaid is the same assault and imprisonment whereof the aforesaid T. above now complaineth And this he is ready to aver VVhereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against him c. Middlesex AND the aforesaid C. Crips Iustification by a Constable for taking a Where Mich. 2. Hen. 8. Rot. 103. and E. by T.R. their Attorney come and defend the force and injury when c. And as to the coming by force and armes And whatsoever which is against the peace c. as also the whole Trespasse aforesaid besides the assault beating evill handling and imprisonment by the space aforesaid supposed to be made the same C. and E. say that they are in nothing thereof guilty c. And as to the assault beating evill handling and imprisonment the same E. and C. say that the aforesaid M. ought not to have her action aforesaid against them because they say that the aforesaid M. long before the said time of the Trespasse aforesaid supposed to be made was a publick notorious and common Whore and had carnall knowledge with many and divers common men unknowne to him the said C. at many and divers times And the same C. and E. say that at the time wherein the Trespasse aforesaid was supposed to be made and long before the same C. was Constable of our Lord the King in the aforesaid Parish of St. Andrews and that before the said time of the Trespasse aforesaid supposed to bee done was given to understand by certaine of his neighbours very carefull of keeping the peace of our Lord the King and willing to avoid ill government he being then Constable of our Lord the King as aforesaid that the aforesaid M. at the aforesaid Parish of St. Andrews then lay and lodged in bed with a certaine man unknowne to the same neighbours and also that divers loose men and vagabonds and very many unknowne persons made many brawlings scoldings cryings out uproars there between themselves and strove together which of them should first have the carnall knowledge of her the said M. and should then use her as their Whore By reason of which information he the said C. then there being Constable as he was by oath bound for the preservation of the peace of our Lord the King and the avoyding of the premises and the ill government aforesaid repaired to a place in the Parish aforesaid where then the aforesaid M. and other the men vagabonds aforesaid then were supposed to be as to see if the same M. and the rest of the aforesaid men vagabonds behaved themselves there as hee was given to understand the aforesaid time wherein the

ought to have her action aforesaid against them c. AND the aforesaid E. sayes that shee by any thing before alleadged by them the said W. and R. ought not to be debarred from having her action aforesaid against them because by Protestation that the aforesaid sixty acres of wood with the appurtenances are and the aforesaid time of the Trespasse aforesaid made were the sole and freehold of the aforesaid E. Traverse of the Prescription Without that that the aforesaid W. and all they whose estate the same W. now hath and the aforesaid time of the Trespasse aforesaid made had of and in the aforesaid Messuage and twenty acres of Land with the appurtenances have had and time out of minde were accustomed to have for themselves their Farmers and Tenants of the same Messuage and twenty acres of Land with the appurtenances reasonable Estators in the aforesaid sixty acres of wood with the appurtenances for their proper and necessary fireboot in the said Messuage of him the aforesaid W. to be spent and burnt as unto the same Messuage and twenty acres of Land with the appurtenances belonging in manner and forme as the said VV. and R. above by pleading have alleadged And this he is ready to aver VVhereupon for that that the aforesaid VV. and R. the Trespasse aforesaid above acknowledge he prayes judgement and his damages by occasion of that Trespasse to bee adjudged unto him c. Issue taken upon the Traverse of the Prescription AND the aforesaid Prior I.L. and I.F. by VV.C. their Attorney come and defend the force and injury when c. The Defendants all plead not guilty as to the force and armes and one as to the rest And the other justifie by vertue of a Warrant And as to the coming by force and armes not guilty c. And the aforesaid Prior as to the residue of the Trespasse aforesaid sayes that he is in nothing thereof guilty And of this he puts himselfe upon the Country c. And the aforesaid J.L. and J.R. say that the aforesaid J. B. ought not to have his action aforesaid against them because they say that long before the time of the Trespasse aforesaid supposed to be made our Lord the King that now is was seized of the Mannor and Lordship of Leeds in his demesne as of Fee within which said Mannor our Lord the King that now is held his Court called a Court-Baron as in right of his Mannor aforesaid from three weeks to three weeks before his Steward for the time being there to be held And sayes that our Lord the King so being seized by his Letters Patents whose date is the tenth day of October in the seventeenth yeare of his Reigne granted unto the aforesaid Prior and Covent the custody of the Mannor and Lordship of Leeds aforesaid with the appurtenances and the joysting of the Parke there To hold to him and his successours from such a day next to come unto the end of twenty years from thence next following fully to be compleat and ended rendring therefore yearly to our said Lord the King in his Exchequer at the feasts of Easter and St. Michael the Arch-angel by equall portions for the custody and joysting aforesaid 24 l. of lawfull money of England as they before had paid and also sustaining the Closes and Edifices and also supporting all other charges to the same Mannor belonging appertaining so long as they should have the custody and joysting aforesaid By vertue of which said Grant the same Prior and Covent were thereof possessed long before the Trespasse aforesaid supposed to be made and at the day of the Trespasse aforesaid supposed to bee made And they say also further that long before the trespass aforesaid was supposed to be made that is to say such a day and year one J.S. Knight before R.C. then Steward of the same Prior of his Court aforesaid in the same Court brought a certaine plaint against the aforesaid I.B. of a plea of Trespasse by force of which said plaint the same Steward then and there commanded a certaine precept to one VV.R. then Bayliffe of the Mannor aforesaid directed to attach the aforesaid I.B. by his goods and chattels within the Precinct of the same Mannor to appeare before the aforesaid Steward at the next Court there to be held that is to say the second day of September then next following to answer the aforesaid I. S. in his plaint aforesaid by force whereof the same Bayliffe the aforesaid time of the Trespasse aforesaid supposed to be made And the aforesaid I.L. and I.F. as the servants of the same Bayliff and by his command the aforesaid I B. by two Horses and six Oxen aforesaid then in the place in which c. which is within the Precinct of the Mannor aforesaid found they did attach And the same Oxen and Horses then there they impounded and held impounded as it was lawfull for them to do which said taking impounding and detaining of the Cattel aforesaid out of the cause aforesaid are the same Trespasse taking c. of which the same I.B. conceives his action aforesaid c. Which all and singular they are ready to aver Whereupon they pray judgement whether the aforesaid I. B. ought to have his action aforesaid against them c. The Plaintiffe replies that they did it of their proper injury without such a cause AND the aforesaid J.B. sayes that he by any thing before alleadged ought not to be debarred from having his action aforesaid against them because he saith that the aforesaid I. L. and I.F. of their owne proper injury and without such cause by them the aforesaid I.L. and I F. above alleadged with force and armes aforesaid have made in manner and forme as he the said I. B. above against them complaineth And this he prayes may be inquired of by the Country And the aforesaid I. L. and I.F. in like manner c. Issue upon the Traverse AND the said I. M. as before saith That the said Tenements with the appurtenances are and from the time of the memory of man were customary Tenements and Lands and demised and demisable by Copy of Court Roll of the said Mannor in manner and forme as the said I.M. before in pleading hath alleadged And of this hee putteth himselfe upon the Country And the said I. S. in like manner Therefore c. Trespasse upon the Case Midd. ss BOnaventure Ashby Gentleman Declaration in Trover of a reclaymed Falcon Pasch 19. Eliz. Rol. 499. complaines of John Gifford Gentleman in the custody of the Marshall c. for that that is to say whereas the aforesaid B. such a day year and place in the County aforesaid was possessed of a Falcon reclaimed and tamed of the price of 40 l. with two Belles to the value of 12 d. and two Varvils in which the name of the aforesaid B. was inscribed to the value of 5 s. as of his proper goods and chattels

E. who prosecutes for our Lord the King in that behalfe for the same Lord the King sayes that Whereas in the Statute in the Parliament of our Lord King Henry the 6th late King of England held at Westminster in the 23th yeare of his Raign amongst other things it is ordained and established that no Sherife undersherife Baylife of any Liberty or franchise or any other Baylife by occasion or colour of his Office should take any other thing by them c. and so recite the Statute And that all Sherifes under-Sherifes Bayliffs of liberties or other Bayliffes or any other Officers or Ministers who should do contrary to the Ordinance aforesaid or any the Articles in the same should loose to the party grieved in that behalfe his damages to the trouble and should forfeit the summe of fortie pound each Sherife wherein he or any of them should do contrary to the Ordinance aforesaid Whereof the Lord the King was to have one Moyetie to the use of his houshold and no other wayes and to him who in that behalfe will prosecute another moyetie thereof as in the same Statute more fully is contained yet the aforesaid Defendant little weighing the aforesaid Statute such a day and yeare then being under-Sherife of the County aforesaid at such a place by colour of his Office aforesaid took Extortiously of one I. D. by the hands of one R. W. for the making and returning of a certaine pannell upon a Writ of Venire facias at the Suit of the aforesaid I. D. against R. H. and others in the same Writ contained in a Plea of trespasse prosecuted thirteen shillings and foure pence against the forme and effect of the Statute aforesaid by which the Action accrued to the said Lord the King to require and have of the aforesaid Defendant the aforesaid forty pound yet the aforesaid Defendant allthough often required c. the aforesaid forty pounds to the said Lord the King he hath not as yet rendered it but the same to him hitherto to render he hath denyed and as yet doth denie Whereupon c. The Defendant pleads that he took not against the form of the Statute AND the aforesaid Defendant by W.C. his Attorney comes c. and sayes our aforesaid Lord the King him the said Defendant by occasion of the premises in an thing to impeach or trouble ought not because he saith that he took not of the aforesaid I. D. the aforesaid thirteen shillings and foure pence against the forme of the Statute aforesaid as the aforesaid I. C. for our Lord the King aforesaid above hath alleaged And of this he puts himselfe upon the Countrey And the aforesaid I. which c. for our Lord the King in like manner c. Therefore c. VVITHERNAM WIlts ss Command was to the Sheriffe as it was often commanded him Entries of a Plure Replegiare that instantly and without delay he should cause to be replevyed to R. D. his cattell which E.P. I. D.W.S. and W. W. took and unjustly detained or that he should be before our Lady the Queen in eight dayes of Saint Hillary last past wheresoever The Sherife returnes the cattell were so farre off remved c. c. to shew wherefore the command of our Lady the Queen so oftentimes thereupon to him directed he had contemned and the same Sherife to her the said Lady the Queen at that day returned that the Cattell aforesaid were removed afarr off to a place unknown unto him by the aforesaid E.P. others so that he could not have the view of them Therefore command was to the same Sherife The entrie of a Withernam and Pone that of the cattell of the aforesaid E P. and others in his Bailywick he should take in Withernam and the same to the aforesaid R.D. he should cause to be delivered to be held to him untill the aforesaid E. and others would deliver the cattell aforesaid and in what manner he should have executed the same precept he should make known to our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. The returne of the Writ Command was also to the same Sherife that if the aforesaid R.D. should make him secure of prosecuting his Complaint as also of returning the cattell aforesaid if the returne thereupon should be adjudged then he should put by sure and safe pledges the aforesaid E.P. and others that they should be before our Lady the Queen at the aforesaid Term to answer the aforesaid R. D. of the taking and detaining of the cattell aforesaid At which day before our Lady the Queen at Westminster came the aforesaid R. D. by M. Moseley his Attorney And the Sherife returned that the aforesaid R. D. had made him the said Sherife secure of prosecuting his Complaint aforesaid and of the returne of the cattell aforesaid if the returne hereupon should be adjudged and that the aforesaid E.P. is attached by Pledges of W.P. and G.G. as also that the aforesaid I.T. W.S. and W.W. hath nothing within his Baily-wick whereby they can be attached The same Sherife also returnes that he the 24th of March in the one and twentieth year of the Raign of our Lady E. now Quen of England took in Withernam two horses whereof one is of Colour white and the o●her very gray and three Ma●●s whereof one is of a bay Colour another of a Gray colour and another of a daple Gray and eighteen Sheep of the Cattell of the aforesaid E.F. and others and the same to the aforesaid R. D. he hath caused to be delivered to be held unto him untill the said E. and others the cattell aforesaid formerly taken they will deliver as it was commanded unto him and the aforesaid E. P. and others the fourth day of the plea being solemnly called by R. Best their Attorney in like manner came upon which the aforesaid D. declaring aganst the aforesaid E. P. and others complaines that they such a day and yeare at Lockeridge in the Parish of Fifeeld in the County aforesaid in a certaine place there called the Common Field took the cattell of him the said Robert that is to say six Geldings of the price of 24. l. and them unjustly detained against Sureties and Pledges c. Whereupon he saith he is worsted and hath damage to the value of forty pounds And thereupon he brings his Suit c. Judgement for the Plaintiff in a Replevin upon a Demurrer in Law Easter 30. Eliz Rot. 196. THE Plaintiff declares and the Defendant pleads in acknowledgment c. and the Plaintiff pleads in Bar and the Defendants rejoines to the Bar and thereupon the Plaintiff demurs in Law and they join in Demurrer and Judgment was had for the Plaintiff as followes Because as yet c. at which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid Vpon which all and singular the premises being seen