the Justices aforesaid that the aforesaid Plaintiff should goe quit without day c. By reason of which said premises the aforesaid Plaintiff hath been enforced and compelled to expend and lay out great sums of mony and been at very great trouble and loss about the cleering of himself and the restitution of his good name fame and reputation and the evacuating and making voyd of the aforesaid Indictment To the damage of him the said Plaintiff of 100. l. And thereupon he brings his Sute c. Not guilty pleaded to this T. Farrer Attorney for the Plaintiff I. Wem Attorney for the Defendant ACTIONS OF CONTINUANCE CONTINUANCES AFterwards the Processe being thereupon continued between the parties aforesaid Continuance of a Decem tales upon the Roll. of the aforesaid Plea put here between them in respite before the Lord the King at VVestminster untill Tuesday next after fifteen dayes from the day of Easter from thence next following for default of Jurors c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Jurors of that Jury being called some of them came and some of them came not And because the residue of the Jurors of the aforesaid Jury appeared not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Friday next after the morrow of the holy Trinitie for want of Jurors c. Therefore the Sheriff is to have their bodies c. And he is to put ten others c. The same day is given to the parties aforesaid there c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Sheriff retorns the names of the ten others of which now c. And as to the further Execution if the Writ aforesaid the Sheriff retorns that the Writ aforesaid was so lately delivered unto him that for the shortnesse of time he could not make any further Execution Therefore the Jury is further put in respite before our Lord the King at Westminster untill Friday next after fifteen dayes of St. Michael for want of Jurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the Jurors of that Jury some of them came and some of them came not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Thursday next after from the day of St. Michael in three weeks for want of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid c. At which day before Continuance upon a Summons ad Auxiliand c. came the parties aforesaid by their Attorneys aforesaid And the Sheriff sent not thereupon the Writ Therefore it is commanded him as otherwise that he Summon by good Summoners the aforesaid W. that he be before c. such a day wheresoever c. to joyn himself in aid to the foresaid L. to expect and maintain that issue with the aforesaid L. if c. And further c. And as to the trying of those issues above joyned The Jury is thereupon to come before our Lord the King at the same Term wheresoever c. And who neither c. to Recognize c. Continuance of a Demurrer in Law and an Issue AT which day here came the parties aforesaid c. And because the Justices will advise themselves of and in the aforesaid Plea whereupon the parties aforesaid have above demurred in Law before they thereupon render Judgement Therefore day is given to the parties aforesaid here until eight daies of St. Hillary of hearing thereupon this judgement Because the Justices here have not as yet c. And as to the trying of the issue aforesaid between the same parties by the Countrey to be tried above joyned The Sheriff hath not sent the Writ Therefore as formerly Command is to the Sheriff that he cause to come at the same Term twelve c. To Recognize in form aforesaid c. Continuance of Scire facias in a Writ of Error AT which day before our Lord he King at Westminster came the aforesaid Plaintif in a Writ of Errour in his proper person And the Sheriff sent not the Writ thereupon c. Therefore as otherwise it is Commanded the Sheriff that by honest men c. he make known to the aforesaid Defendant that he be before our Lord the King such a day wheresoever c. To hear the Record and Processe aforesaid And further c. The same day is given to the aforesaid Plaintif by the aforesaid Manuceptors c. Continuance of a Judgement after Verdict AT which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here of their judgement to be rendred of and upon the Premisses are not as yet advised Therefore day is given to him the said Plaintif in the same state c. is now in before our Lord the King untill such a day wheresoever c. of hearing thereupon their judgement c. AT which day before our Lord the King at Westminster Continuance of an Exigent came the aforesaid Plaintif by his Attorney aforesaid And the aforesaid Defendant came not nor the Sheriff thereupon sent the Writ Therefore Command is to the Sheriff that if now he cause him to be called from County to County untill he shall be Outlawed if not c. And if c. then he shall take him and safely keep him so that he may have his body before our Lord the King such a day wheresoever c. AT which day before our Lord the King at Westminster Continuance of a Distringas in Attaint came aswell the parties aforesaid by their Attorneys aforesaid as the aforesaid three Jurors of the first inquisition formerly appearing in their proper persons And the Sheriff hath not sent the Writ Therefore the Jury of the tweny four Knights aforesaid remains to be taken before our Lord the King on the Morrow c. wheresoever c. for default of Jurors of the same Jury of 24. Knights c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of 24. Knights by all their lands c. And that of the issues c. So that he may have their bodyes before our Lord the King at the same Term The same day is given aswell to the parties aforesaid as to the aforesaid three Jurors of the first inquisition aforesaid now appearing c. THe Jury between C. S. by his Attorney Plaintif Continuanceâ— of a Jurata for want of Juror and a Decem Tales awarded and E. R. of
the judgement in the same Record was rendred that he should be taken as if it were entred in the same Record within And nothing of Fine of that party because he is pardoned as the aforesaid I.S. by his Plea aforesaid above hath alleged And further the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the aforesaid Writ of our Lady the Queen further certifies that having serched the Rolls of Robert Berners Phillizer of the County of S. of the Term of Easter in the 41. year of the Reign of our Lady the Queen that now is he finds as within in these words appears That is say Pleas at Westminster before Edmund Anderson Knight and his fellows Justices of our Lady the Queen of her Bench here of the Term of Easter in the Reign of our Lady Elizabeth by the grace of God c. the 41. Roll 386. The Entry of the Warrant of admission with the Phillizer ss IOhn Mallows and W. E. are admitted by the Court of our Lady the Queen here to prosecute for I. S. who is within age as the next of Kindred of him the said I. S. against N. S. lately of c. Gentleman of a Plea of Trespass and assault Which said Writ so as aforesaid returned amongst the Records of this Court is filed Upon which the aforesaid I. S. sayes that in the Record and Process aforesaid nor in the rendring of the judgement aforesaid there is nothing erroniouâ— and prayes that the Court of our Lady the Queen here may proceed unto examination aswell of the Record and Process aforesaid as of the matters aforesaid above for errors assigned and that the judgement aforesaid may be affirmed And because the Court of our the Lady the Queen here of their judgement of and in the premises to be rendred are not as yet advised day thereupon is given to the parties aforesaid before our Lady the Queen untill eight dayes of St. Michael wheresoever c. of hearing thereupon their judgement for that the Court of our Lady the Queen here thereupon are not as yet At which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid and upon this all and singular the premises being by the Court of our Lady the Queen here seen and fully understood and mature deliberation thereupon had for that that it seems to the Court of the Lady the Queen here that aswell the aforesaid Writ of Certiorare to the aforesaid chief Justice of the Common Bench in form aforesaid issued and directed as the aforesaid answer of the same chief Justice of the Bench unto that Writ as now it remains filed upon Record before our Lady the Queen does not sufficiently and fully agree and answer the aforesaid allegation of the aforesaid I. S. as to the aforesaid custom oâ— the said Court of Bench for the entring of an admission of an Inâ—ant to prosecute by his next of Kindred in any his Pleas in the Rolls of the same Court where the Declaration of such infant is entred and enrolled by the aforesaid I. S. above a leged so that the same Court of our Lady the Queen before her the said Queen here for the incertaintie of the truth of such custom of the said Court of Bench in that behalf in form aforesaid alleged to their judgement of and upon the premises aswel on the part of the aforesaid N. S. in deniall as on the part of the aforesaid I. S. in affirmation to the judgement aforesaid above alleged cannot proceed Without more full information of the consciences of the Justices And that the Court of our Lady the Queen here before her the said Queen of the truth of the custom of the said Court of Bench in that behalf above alleged An Alias Cerâ—orare warded Therefore it is commanded the aforesaid chief Justice of the Bench aforesaid that he the full and whole certaintie and truth of the aforesaid custom of the said Court or Bench of the entrie of the admission of Infants to prosecute by their next of Kindred in personall Pleas in the same Court by the aforesaid I. S. above alleged to our Lady the Queen aforesaid from the day of St. Hilary in fifteen dayes wheresoever c. doe certifie together with the Writ thereupon to him directed c. The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid Chief Justice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed to her the said Lady the Queen at Westminster aforesaid at the same day certified The Return of the Cerâ—â—rare that in the said Court of our Lady the Queen of the Bench is had and from the time out of mind there hath been had such a custom used and approved in the same Court of Bench that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next of Kindred in any Plea entred and inrolled and to be entred and inrolled have been used and accustomed in the Roll where the Declaration in that Plea is entred and inrolled Which said Writ so as aforesaid returned together with the return thereupon amongst the Records of this Court is filed And upon this the aforesaid I. S. further prayes that the Court of our said Lady the Queen here may proceed to the Examination aswell or the Record and Process aforesaid as of the aforesaid matters above for errors assigned and that the judgement aforesaid may be affirmed and because the Court of our said Lady the Queen here are not as yet advised of and upon the rendring their judgement of and upon the premises day is thereupon further given to the parties aforesaid before our Lady the Queen Mich. Term 41. 42. Judgement was affirmed in this cause Roll. 417. untill from the day of Easter in fiftteen dayes wheresoever c. of hearing thereupon their judgement For that the Court of our said Lady the Queen here thereupon as yet have not c. ss AFterwards to wit on Saturday the 9. The affirmation of a judgment upon a Wâ—t of Error out of the Kings Bâ—â—ch into the Exchequer Chamber day of February in the 2. year of the Reign of our Lord the King that now is The transcript of the Record and Process aforesaid between the parties aforesaid with all things touching them by reason of a certain Writ of our Lord the King of correcting error by them the said Thomas Scot Elizabeth and Thomas Forn of and upon the premises prosecuted before the Iustices of our said Lord the King of his Common Bench and the Barons of the Exchequer of our said Lord the King in the Exchequer Chamber aforesaid according to the form of the Statute in the Parliament of the
knowing the aforesaid T. to be a fugitive and deceiptfull person and plotting and intending him the said H.C. to hinder from the recoverie of his debt aforesaid and to cause him the said H.C. what in him lay wholly to lose his debt aforesaid the aforesaid T. before the aforesaid Justices of our Lady the Queen here at or ever after the aforesaid day of Wednesday c. according to the purport of the aforesaid Writ he had not but the same T. he the said H. C. of his said debt aforesaid being in no wise satisfied or in any manner contented before the retorn of the same Writ to wit such a day and year at London c. in the Parish c. he suffered to go at large whithersoever he would in the danger of the losse of the debt of the aforesaid H. C. For that if the aforesaid H. A. had had the aforesaid T. before the Justices of our Lady the Queen here at the aforesaid day of Wednesday c. according to the purport of the Writ aforesaid and the aforesaid Arrest then the same T. ought to have found in the Court here to him the said H. C. sufficient Manucaptors who must have undertaken for the aforesaid T. that if the same T. should be Convict in the Debt aforesaid that then he the said T. should pay the debt aforesaid to him the said H.C. or should render himself to the Prison of our Lady the Queen of the Fleet by occasion of the Judgement of and upon the Premisses to be rendred or that they the said Manucaptors the debt aforesaid for the aforesaid T should pay to him the said H. C. And if the same T. did not find such Manucaptors that then he should be committed to the Prison of our Lady the Queen of the Fleet there to stay untill he should do it To the damage of him the said H. C. a hundred pounds And thereupon he brings his Sure c. And the aforesaid H. A. by Thomas Foster his Attorney comes and defends the force and injurie when c. Not guilty pleaded And sayes that he is in nothing guilty of the Premisses above imposed upon him And of this he puts himself upon the Countrey And the aforesaid I. C. in like manner Therefore Command is given to the Sheriff that he cause to come here in eight dayes of the Purification of the blessed Virgin Mary and c. By whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid here c. This was tried in London and a Verdict and Judgement for the Plaintif And a Writ of Error was brought and assigned for Error For that it appears not in what place the Bailiff of the Libertie delivered the Prisoner to the aforesaid F. the under-Sheriff nor whether he was delivered in the County of Essex or no. Error also for that he said not in his Declaration that the Defendant took no securitie for the appearance aforesaid for it might be that the Sheriff delivered him up upon Bayl according to the form of of the Statute Error also for that the Plaintif said not that the aforesaid T. appeared not in the Bench. Afterwards the Defendant after he had pleaded in nullo est Erratum died And then was made this Entrie following as yet c. Afterwards to wit the fifth day of May in the Four and thirtieth year of the reign of our Lady the Queen that now is before our Lady the Queen at Westminster came the aforesaid H. A. by his Attorney aforesaid And sayes that the aforesaid H. C. is dead and prayes licence to purchase a new Writ of Error c. And it is granted unto him c. And afterwards to wit the sixt day of May then next following before our Lady the Queen at Wistminster came the aforesaid H. A. by his Attorney aforesaid And brought before our Lady the Queen a certain new Writ of Error of our Lady the Queens directed to the Justices of our Lady the Queen of the Pleas before her the said Queen assigned to be held which said Writ follows in these words Elizabeth c. And so recite the Writ of Error And upon this the same H.A. says that in the Record and Processe aforesaid as also in the rendring of the Judgement aforesaid it is manifestly Erronious alleging for Errors the severall matters above assigned And the same H.A. sayes further that the aforesaid H.C. before his death to wit at London aforesaid in the Parish and Ward aforesaid made his last VVill and Testament in writing And thereby Constituted and ordeined Elizabeth his then wife Executrix of his Testament aforesaid and there afterwards died And the same H. A. prayes a VVrit of our Lady the Queen to warn the aforesaid Executrix of being here c. retornable on the morrow of the holy Trinitie c. wheresoever c. At which day came the aforesaid H. A. by his Attorney And the aforesaid Defendant by John Williams her Attorney came And upon this the aforesaid H. A. as formerly sayes That in the Record and Premisses aforesaid c. it is manifestly Erronious And the Executrix pleads that it is in nothing Erronious and so they continue it for argument And afterwards upon full debate judgement was affirmed ACTIONS OF DEBT AND DIVERS OTHER Actions and Pleas. DEBT ss W C. Complaineth of I.H. in the Custody of the Marshall c. of a plea A Declaration in Debt upon a Bill to be paid at the day of Marriage of the Defendant that he render unto him 20 l. of good and lawfull c. which c. for that to wit that whereas the aforesaid I. in such a day and year at c. by his certain Bill Obligatory sealed with the Seal of him the said I and unto the Court c. whose date c. acknowledged himself to owe unto the said W. the aforesaid 20. l. to be paid unto the said W. at the day of the Marriage of him the said I and the said W. in fact saith that the said I. afterwards that is to say in such a day and year c. married to wife one M.A. by which an Action did accrue unto the said W to require c. ss W. B. next of Kin of R.B. deceased Declaration in Debt for an Administrator against an Administrator Administrator of all and singular the Goods Chattels rights and Credits which where of R.B. late of H. in the County of Middlesex Yeoman otherwise called c. deceased which dyed intestate complaineth of A.N. Widow Administrator of all and singular the goods and chattels rights and credits which were of R.N. late of F. in the County of Middlesex Yeoman deceased in the custody of the Marshall c. of a Plea that he render unto him 60. l. of lawfull c. which c. for that to wit that whereas the aforesaid R.N. in his life that is
E. who prosecutes for our Lord the King in that behalfe for the same Lord the King sayes that Whereas in the Statute in the Parliament of our Lord King Henry the 6th late King of England held at Westminster in the 23th yeare of his Raign amongst other things it is ordained and established that no Sherife undersherife Baylife of any Liberty or franchise or any other Baylife by occasion or colour of his Office should take any other thing by them c. and so recite the Statute And that all Sherifes under-Sherifes Bayliffs of liberties or other Bayliffes or any other Officers or Ministers who should do contrary to the Ordinance aforesaid or any the Articles in the same should loose to the party grieved in that behalfe his damages to the trouble and should forfeit the summe of fortie pound each Sherife wherein he or any of them should do contrary to the Ordinance aforesaid Whereof the Lord the King was to have one Moyetie to the use of his houshold and no other wayes and to him who in that behalfe will prosecute another moyetie thereof as in the same Statute more fully is contained yet the aforesaid Defendant little weighing the aforesaid Statute such a day and yeare then being under-Sherife of the County aforesaid at such a place by colour of his Office aforesaid took Extortiously of one I. D. by the hands of one R. W. for the making and returning of a certaine pannell upon a Writ of Venire facias at the Suit of the aforesaid I. D. against R. H. and others in the same Writ contained in a Plea of trespasse prosecuted thirteen shillings and foure pence against the forme and effect of the Statute aforesaid by which the Action accrued to the said Lord the King to require and have of the aforesaid Defendant the aforesaid forty pound yet the aforesaid Defendant allthough often required c. the aforesaid forty pounds to the said Lord the King he hath not as yet rendered it but the same to him hitherto to render he hath denyed and as yet doth denie Whereupon c. The Defendant pleads that he took not against the form of the Statute AND the aforesaid Defendant by W.C. his Attorney comes c. and sayes our aforesaid Lord the King him the said Defendant by occasion of the premises in an thing to impeach or trouble ought not because he saith that he took not of the aforesaid I. D. the aforesaid thirteen shillings and foure pence against the forme of the Statute aforesaid as the aforesaid I. C. for our Lord the King aforesaid above hath alleaged And of this he puts himselfe upon the Countrey And the aforesaid I. which c. for our Lord the King in like manner c. Therefore c. VVITHERNAM WIlts ss Command was to the Sheriffe as it was often commanded him Entries of a Plure Replegiare that instantly and without delay he should cause to be replevyed to R. D. his cattell which E.P. I. D.W.S. and W. W. took and unjustly detained or that he should be before our Lady the Queen in eight dayes of Saint Hillary last past wheresoever The Sherife returnes the cattell were so farre off remved c. c. to shew wherefore the command of our Lady the Queen so oftentimes thereupon to him directed he had contemned and the same Sherife to her the said Lady the Queen at that day returned that the Cattell aforesaid were removed afarr off to a place unknown unto him by the aforesaid E.P. others so that he could not have the view of them Therefore command was to the same Sherife The entrie of a Withernam and Pone that of the cattell of the aforesaid E P. and others in his Bailywick he should take in Withernam and the same to the aforesaid R.D. he should cause to be delivered to be held to him untill the aforesaid E. and others would deliver the cattell aforesaid and in what manner he should have executed the same precept he should make known to our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. The returne of the Writ Command was also to the same Sherife that if the aforesaid R.D. should make him secure of prosecuting his Complaint as also of returning the cattell aforesaid if the returne thereupon should be adjudged then he should put by sure and safe pledges the aforesaid E.P. and others that they should be before our Lady the Queen at the aforesaid Term to answer the aforesaid R. D. of the taking and detaining of the cattell aforesaid At which day before our Lady the Queen at Westminster came the aforesaid R. D. by M. Moseley his Attorney And the Sherife returned that the aforesaid R. D. had made him the said Sherife secure of prosecuting his Complaint aforesaid and of the returne of the cattell aforesaid if the returne hereupon should be adjudged and that the aforesaid E.P. is attached by Pledges of W.P. and G.G. as also that the aforesaid I.T. W.S. and W.W. hath nothing within his Baily-wick whereby they can be attached The same Sherife also returnes that he the 24th of March in the one and twentieth year of the Raign of our Lady E. now Quen of England took in Withernam two horses whereof one is of Colour white and the oâ—her very gray and three Maâ—â—s whereof one is of a bay Colour another of a Gray colour and another of a daple Gray and eighteen Sheep of the Cattell of the aforesaid E.F. and others and the same to the aforesaid R. D. he hath caused to be delivered to be held unto him untill the said E. and others the cattell aforesaid formerly taken they will deliver as it was commanded unto him and the aforesaid E. P. and others the fourth day of the plea being solemnly called by R. Best their Attorney in like manner came upon which the aforesaid D. declaring aganst the aforesaid E. P. and others complaines that they such a day and yeare at Lockeridge in the Parish of Fifeeld in the County aforesaid in a certaine place there called the Common Field took the cattell of him the said Robert that is to say six Geldings of the price of 24. l. and them unjustly detained against Sureties and Pledges c. Whereupon he saith he is worsted and hath damage to the value of forty pounds And thereupon he brings his Suit c. Judgement for the Plaintiff in a Replevin upon a Demurrer in Law Easter 30. Eliz Rot. 196. THE Plaintiff declares and the Defendant pleads in acknowledgment c. and the Plaintiff pleads in Bar and the Defendants rejoines to the Bar and thereupon the Plaintiff demurs in Law and they join in Demurrer and Judgment was had for the Plaintiff as followes Because as yet c. at which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid Vpon which all and singular the premises being seen
An exact Collection of choice DECLARATIONS WITH Pleas Replications Rejoynders Demurrers Assignement of Errours AND THE ENTRIES OF JUDGments thereupon affirmed Collected by VV. S. one of the Clerks of the Vpper Bench Office In the Reignes of Queene ELIZABETH King JAMES and the late King CHARLES DILIGENTLY PERUSED AND TRANslated into English for the benefit and helpe of young Clerkes With an exact TABLE wherein may be found the Principall matters contained in the whole Book LONDON Printed by T. W. and T. R. for John Place and are to be sold at his Shop at Furnivalls Inne Gate in Holborne 1653. TO THE READER Courteous Reader I Know that this painefull Worke by the Authors own hand was diligently composed not imagining that these ensuing Presidents collected for his private use should ever have worn an English Garment or be seen without a Court-Character but being very aged and knowing that the Ports and safe Harbors of good Declarations Pleadings Replications Rejoynders Sur-rejoynders Demurrers Assigning of Errours with divers other matters incident appertinent to an Vpper Bench Clerk an Index whereof in this little of great you may finde and more particularly knowing with what ardency and fervour of affection the Author by these his practical observations for wel nigh 60 years past have by his cautious Marginal Notes in this Book comprised prevented the many irrevocable downefals of Causes that young Clerks to their owne dishonour and the ruine sometimes of their Clyents for want of good and learned Presidents have suffered a miserable shipwrack and for that the Author during all the time aforesaid have had and as yet hath the favourable aspect of the Judges in the upper Bench and the approbation of the lest Clerks in the said Court now living and is reputed for a good Just learned and painfull Attorney and that in his old age he might live in his Works and be some help and furtherance to young Clerks who intend to be Attorneys and declare themselves in English as they are and shall be obliged by the late Act of Parliament and the Supream Authority of this Nation he doth lovingly admonish them to make use of these if they cannot frame better which I think impossible I am confident the Author if God permit will recollect some other scattered Papers which have layn a long time in darknesse but will without doubt when they come forth illuminate their Judgements and abolish some Errors which are daily committed for want of well declaring and pleading Some ancient Clerkes may be offended but I care not Non nobis solum nati sumus c. The few Vitia Scriptor ' in the Author are amended what oversights or neglects you may impose upon the Printers you shall have thankes to amend which is all that I expect and more then the Collector of these Presidents hath yet had And so I conclude in the words of a grave Lawyer Nihil aliud in his reportare cupio quam ut eruditior quispiam istis provocatus doctiora scriberet promulgetque Farewell J. W. ACTIONS OF ABATEMENT ABATEMENT AND the aforesaid I. T. and I. D. by R. D. their Attorney come and defend the force and injury The Defendants plead in Abatement to the Writ that the Plaintif and another Stranger are Tenants in Common and the other not named in the Writ when c. and pray Judgement of the Writ aforesaid because they say that the aforesaid T. G. the aforesaid fourteenth day of August whereon as is supposed the Entrie aforesaid to be made had nothing in the Mannor aforesaid with the appurtenances unlesse in common and undivided with â—ne W. C. Esquire which said W. as yet is alive and remains in perfect Health and is not named in the Writ aforesaid And this they are ready to averre whereupon they pray Judgement of this Writ AND the aforesaid T. G. saith that his Writ aforesaid The Defendant pleads the sole seisin in himself and traverses c. for the reason prealleged ought not to be abated because he saith that long before the aforesaid fourteenth day of August wherein the Entrie aforesaid was made one I. G. Father of him the said T. whose Heir he is was seized of the Mannor aforesaid with the appurtenances in his Demesn as of Fee and so being thereof seized of such his Estate died seized After whose death the Mannor aforesaid with the appurtenances did descend to him the said T. G. as to the Son and Heir of him the said I. G. by vertue whereof the same T. into that Mannor with the appurtenances after the death of the aforesaid I. G. as Son and Heir of the aforesaid I. did Enter and was thereof sole seized in his Demesn as of Fee at the time of the Entrie aforesaid made and afterwards Without that that the same T. G. the same fourteenth day of August Traverse the Tenute in Common held the Mannor aforesaid in common and undivided with W. C. aforesaid in the form wherein the aforesaid I. and I. above have alleged And this c. whereupon he prayes Judgement whether his Writ aforesaid for the reason before alleged ought to be abated c. Issue upon the Traverse And the aforesaid I. and I. say that the aforesaid T. G. the aforesaid fourteenth day of August held the Mannor aforesaid with the appurtenances in common and undivided with the aforesaid W. C. in the form wherein the same I. and I. have above alleged And of this they put themselves upon the Country And the aforesaid T. G. in like manner c. Misnomer of the Town wherein the Entrie and Trespass is supposed to be Committed pleaded in Abatement AND the aforesaid I.F.I.W. and I.P. by W.F. their Attorney come and defend the force and injury when c. And all contempt and whatsoever c. And pray Judgement of the Originall Writ of the Plaint aforesaid Because whereas the aforesaid T. L. by the same Writ supposeth that the aforesaid I.F. I.W. and I.P. into the Mannors aforesaid with the appurtenances in F. O. and other Villages as in the Writ c. were entred The same I. F. I.VV. and I. P. say that within the County of N. aforesaid there is not had nor at the time of the obtaining the aforesaid Writ was there had any Town any Hamlet or place known out of any Town and any Hamlet known or called by the name of Odnoggo And this c. Whereupon they pray Judgement of that Writ c. The Plaintif replies that there is no Misnomer and thereupon takes issue And the aforesaid I.VV. sayes that his Writ aforesaid for the Reason prealleged ought not to abate because he sayes that at the aforesaid time of the obteining of the Originall Writ of the Plaint aforesaid to wit the twelfth day of in the twenty fourth year of the Reign of our Lord the King that now is within the City aforesaid was had and as yet is had a certain Town known and
have alleged and that the aforesaid I. R. and H. were of the Tenements aforesaid with the appurtenances seised in their Demesn as of Fee untill the aforesaid G. W. and R. them the said I. and H. thereof unjustly and without judgement but not by force nor Arms they did disseize and they Assess the damages of them the said I. and H. by occasion of the premises aforesaid above their expences and costs by them about the prosecution of this Assize layd out to thirteen shillings and four pence Judgement upon the verdict and for those expences and costs to twenty shillings Therefore it is considered that the aforesaid I. R. and H. shall recover the seisin of the Tenements aforesaid in the Plaint aforesaid specified by the view of the Reviewers of the Assize aforesaid and their damages and costs aforesaid above assessed which said damages in the whole amount unto thirty three shillings and four pence and the aforesaid G.VV. and R. in mony c. Mony c. SIr Iohn Knill and Hugh Lochard have arraigned an Assize of novell disseisin against G. H. and others The charge given to the Jury upon the foregoing assize and supposeth them to be disseised of their Free-hold in H. and have made their claim for a Messuage and eighteen Acres of Land with the appurtenances thereunto hath come the same G. by his Attorney and saith that the Assize thereof between him and the said I. R. and H. L. ought not to be for that he saith as in his Plea and the aforesaid W. and others Defendants say that they have done no wrong nor no disseisin unto the said Plaintiff of the aforesaid Tenements and of that they have put them upon the Assize and the Plaintiff also and then rehearse further the title of the Plaintiff in his reputation and the issue that is joyned thereupon and then thus so your charge is whether that W. B. dyed seised in his Demesn as of Fee of the Messuage and eighteen acres of Land put in view and specified in the Plaint as the said G. H. hath alleged in his Bar or not and also whether the said W. H. and other Defendants disseised the Plaintiffs of the Tenements aforesaid or not if you find that the same W. B. dyed not seised as the Plaintiff hath alleged you shall enquire whether the Plaintiffs were seised of the Tenements put in view and specified in the Plaint in their Demesn as of Freehold and disseised by all the Defendants or any of them and whether the disseisin was done with force or not and if you find the said A.B. dyed not seised and that the Plaintffs were seised of the Tenements and disseised by the Defendants or some or any of them you shall enquire what damage the Plaintiff hath sustained by reason of the disseisin and also for the costs about the sute of this Assize and if you find that W. B. dyed seised in his Demesn as of Fee and that the Defendant disseised not the Plaintiff you shall enquire no further and this is your charge c. ACTIONS OF AUDITA QUERELA AUDITA QUERELA ss THE Lady the Queen hath sent to her Justices of the Pleas assigned to be held before her Audita Querela upon an Escape by a Bailiff of a Libertie her Writ in these words ss Ellzabeth c. To our Justices of Pleas in our Court before us assigned to be held Greeting Wee have received by the grievous complaint of Thomas Boyton of c. in the County of Suffolk Clerk otherwise called c. That whereas one William Andrews Citizen c. and Lewis Simpson Citizen c. London lately in our Court before us at Westminster by Bill without our Writ and by the judgement of the same Court had recovered against him the said Thomas aswell a certain debt of 100. pounds as 10. pounds for their Damages which they susteined aswell by occasion of the detention of that debt as for their Expences and costs c. layd out whereof he is Convict And although after the rendring of that Judgement to wit the second day of July in the the 31. year of our Reign at Saint Edmonds Burie in the County of Suffolk that is to say within the Libertie and Franchise then of Roger Townsend Knight and Willam Drue Esquire of St. Edmonds Bury in the aforesaid County of Suffolk the same Thomas by John Pridie and Henry Doy by vertue of a certain Warrant lately before to the aforesaid John Pridie and Henry by the aforesaid Roger Townsend and William Drue made and directed by vertue of a certain Warrant to them the said Roger and William Dixie by one Philip Tilvey Esquire then Sheriff of the aforesaid County of Suffolk under the Seal of his Office made of and upon a certain VVrit of Capias ad fatisfaciendum o' the aforesaid William Andrews and Lewis Sympson of the Debt and Damages aforesaid lately before at the prosecution of them the said W. A. and L. from our said Court before us issued and to the Sheriff of the aforesaid County of Suffolk lately before directed and delivered VVhich said Roger Townsend and William Dixie then that is to say the aforesaid second day of July in the aforesaid 31. year of our Reign and before and after had full Retorn of all and all manner of Writs and Warrants within the Libertie aforesaid to be Executed and the Execution of them In Execution of and for the Debt and Damages aforesaid was then taken and arrested And in Execution deteined untill afterwards to wit the third day of November in the 31 year aforesaid the aforesaid K. T. and W D. the same T. B. at Lamby hath in this County of Surrey the Debt and Damages aforesaid to the aforesaid William Andrews and Lewis Sympson being in no wise satisfied permitted him to goe whether he would at large As the same Thomas by divers wayes and means which are convenient is ready to make appear yet the same W. and L. by reason of the judgement aforesaid for the Debt and Damages aforesaid against him the said Thomas in our said Court before us now lately prosecuteth And him upon that occasion to take and in our Prison under the Custodie of our Marshall of our Marshalsees before us to be deteined most unjustly have procured to his the said T. B. no little loss and grievance and against the Law of our Realm of England Whereupon he hath humbly implored us to provide for him in that behalf a fit remedie And because we would not that the aforesaid T. B. should in that behalf be in any manner injured and being willing to doe what is just VVee Command you that having heard the Complaint of the aforesaid T. B. in this behalf and calling before you the parties aforesaid and hearing hereto thereupon their severall reasons to him the said T. B. you should cause to be had full and speedy Justice as of right and according to the Law
a Plea of Debt put in respite before our Lord the King at Westminster untill such day c. unless c. first c. at such a place c. by the form of the Statute c. Come for default of Jurors At which day before our Lord the King at Westminster came the parties aforesaid by their Attorney aforesaid And the aforesaid Justices before whom c. have sent here the Record of the Jury aforesaid before them had in these words Afterwards at the day and place aforesaid reciting the Record untill came as well the within named c. as the within written c. And the Jury likewise called some of them came and some of them came not as appears in the Panell c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King c. untill c. Therefore the Sheriff c. is to put ten such c. The same day is given to the parties aforesaid here c AT which day before our Lord the King at Westminster Continuance upon a matter in Law and Verdict came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here aswell of their judgement upon the Verdict aforesaid as of their judgement of the matter in Law above pleaded to be rendred are not as yet advised Day is thereupon further given to the said parties in the state wherein they are now before the Lord the King at Westminster untill eight dayes of St. Hillary wheresoever c. of hearing thereupon their judgement c. for that the Court of our Lord the King here is not as yet c. Continuance in Attaine where the Sheriff Retoâ—â—s not the Writ and out of the assent of the parties the Jury is not taken AT which day before our Lord the King at Westminster came as well the parties aforesaid by their Attorneys aforesaid as the aforesaid seven Jurors of the first Inquisition aforesaid formerly appearing in proper person And the Sheriff Retorns the Writ to our Lord the King thereupon in all things prepared and executed But the Jurors of those twenty four Knights aswell of the assent of the parties aforesaid and the aforesaid seven Jurors of the former Inquisition aforesaid as of the Jurors aforesaid of the twenty four Knights remains to be taken before our Lord the King untill the Morrow c. wheresoever c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of twenty four Knights by all their lands c. And that of the Issues c. And that he have their bodies c. before our Lord the King at the same Term c. the same day is given aswell to the parties aforesaid as to the aforesaid seven Jurors of the first Inquisition aforesaid now appearing c. Continuance by a Writ of adjournment BEfore which day the Plaint aforesaid was adjourned by the Writ of our Lord the King of Common adjournment untill eight dayes of St. Hillary then next following wheresoever c. At which said eight dayes of St. Hillary the Plaint aforesaid was further adjourned by the Writ of our Lord the King of Common adjournment untill from the day of Easter in fifteen dayes unto the Castle of Hertford At which day c. Continuance of the Jurata where the Plaintif acknowledgeth one of the Defendants to be dead AT which day came aswell the aforesaid P. as the aforesaid R. by their Attorneys aforesaid And the aforesaid P. sayes that the aforesaid A. is dead c. Therefore against him nothing is further thereupon to be done c. And thereupon the parties aforesaid now appearing The Sheriff thereupon sent not the Writ c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King untill in eight daies c. wheresoever c. for default of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid now appearing c. Continuance of a Jurata by the assent of the parties THe Jury between I. S. Esquire Plaintif and T. W. of c. of a Plea of Trespass put in respite here untill such a day c. aswell of the assent of the parties aforesaid as of the Iurors of the same Iury now here at this day to wit from the day of Easter c. appearing Therefore the Sheriff is to have their bodies c. THe Iury between T. W. Gent. by his Attorney Plaintif Jurata which serves either for debt trespass or Ejectione firme And G.D. of c. of such a Plea put in respite before our Lord the King at Westminster untill Tuesday next after Eight dayes of Saint Michael unlesse the Iustices of the Assizes of our Lord the King in the County aforesaid assigned to be taken first on Monday the eighth day of August at Newark upon Trent in the County aforesaid by the form of the Statute c. Come for default of Iurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. And it is to be known that the Writ of our Lord the King thereupon the fourth day of July in this self-same Term before our Lord the King at Westminster is delivered of Record to the Deputie of the Sheriff of the County aforesaid in form of Law to be Executed under a penaltie c. UNless the beloved and faithfull c. John Popham Knight This difference in Guild-hall London before the Chief Justice Chief Iustice of our Lord the King of the Pleas in the Court of him the said Lord the King before him the said King assigned to be held first on Saturday next after c. at Gild-hall London by form of the Statute c. as in the next before ACTIONS of COMMITTITVR COMMITTITUR Committitur of a Prisoner to the Marshall being under the Custodie of the Sheriff by a Case AFterwards to wit the twenty fifth day of May then next following before our Lord the King at Westminster came W. R. in his proper person under the Custody of the Sheriff of the County aforesaid in Execution for the damages aforesaid by vertue of the Writ of our Lord the King of Capias ad satisfaciendum to him the said Sheriff of and upon the Premisses directed which said R. is committed to the Marshall c. there to remain untill c. according to the form of the judgement aforesaid c. Committitur of a Prisoner upon a Case COmmand was to the Sheriff that he should take c. Whereof he is Convict And now here know aswell the aforesaid A. by his Attorney aforesaid as the aforesaid Defendant in his proper person by the Sheriff of the County aforesaid brought to the Bar And the Sheriff now retorns that he took the bodies of him the said Defendant And
that he had him now here ready upon which the same Defendant is Committed to the Prison c. by occasion of the Premisses to stay untill c. Commitment after Iudgement AFterwards to wit such a day then next following before c. Came the aforesaid I. in his proper person and rendred himself to the person of the Marshall of the Marshallsee of our Lord the King for the debt and damages aforesaid Upon which the same I. is committed to the Marshall of the Marshalsee c. in Execution for the debt and damages aforesaid There to remain untill c. ACTIONS OF ERROR ERROR AFterwards to wit such a day c. Error alleged in assault and batterie in the judgement that the Entrie was that the partie be taken when the cause of action was before a general Pardon in this self-same Term before our Lady the Queen at Westminster came the aforesaid Nicholas Stoddard by William Man his Attorney And sayes that in the Record and Processe aforesaid as also in the rendring of the judgement aforesaid it is manifestly Erroneous in this That whereas in every judgement Entred or to be Entred in Trespass and Assault after the generall pardon of our Lady the Queen that now is by Act of Parliament of Trespass and assault made before the same act of Parliament the judgements so Entred and to be Entred ought to be Entred And nothing of fine of the aforesaid Defendant because he is pardoned and not that he should be taken yet after the generall Pardon of our Lady the Queen that now is had and Enacted in the Parliament of our Lady the Queen that now is at Westminster in the County of Middlesex the twenty fifth day of October in the thirty ninth year of the Reign of our Lady the Queen that now is the Judgement aforesaid was Entred against the aforesaid Nicholas in the Plea aforesaid that he the said Nicholas should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid in the Record aforesaid specified which was long before the aforesaid act of Parliament of the generall Pardon aforesaid And so that Judgement is void in Law Also it is Erronious in this for that whereas the aforesaid John S. the aforesaid Term of Easter Error also for want of admission by Procâ—â—in amy the partie being within age in the aforesaid forty first year of the Reign of the Queen had prosecuted by John Mallows and William Evoring as the next kinsmen of him the said John yet there is not had any Record of the admission of the aforesaid I. S. being an Infant in form aforesaid to prosecute the Plea aforesaid by his next kinsmen aforesaid under the names of any of the Prothonotaries of the Common Bench Entred as by the Law and Custom of the Court of our Lady the Queen of Common Bench aforesaid it ought to be Entred And prayes a Writ of our Lady the Queen to the aforesaid Edmond Anderson Knight Chief Justice of our Lady the Queen of the Common to whom it belongs to make Certificates in that behalf to certifie our Lady the Queen thereupon more fully the truth And it is granted unto him c. By which it is Commanded the aforesaid E. Anderson Chief Justice of the Bench aforesaid That having searched the Rolls Certiorare to the Chief Justice awarded to certifie c. under the names in the Offices of the Prothonotaries aforesaid of the admission of Infants to prosecute by their next kinsmen of the Term and year aforesaid And what of the admission aforesaid in the same he shall find he should certifie forthwith to our Lady the Queen wheresoever c. together with the Writ to him directed The Certificate of the Chief Justice c. Which said Chief Iustice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon directed certified to her the said Lady the Queen that having searched the Rolls of the Entries of every of the Prothonotaries aforesaid in the aforesaid County of Suffolk of the Term and year aforesaid in his Custody of Record remaining he found not in the same any Entrie of the admission of the aforesaid I. S. to prosecute by I. M. and W. E. the next kinsmen of him the said I. being within age against the aforesaid N. S. of the aforesaid Plea as by the aforesaid Writ it was Commanded unto him which said Writ is Filed amongst the Records without day of this Term Upon which the aforesaid N. S. prayes a Writ of our Lady the Queen to warn the aforesaid I. S. of being before our Lady the Queen to hear the Record and Processe aforesaid And it is granted unto him c. By which it is Commanded to the Sheriff that by honest men c. he make known to the aforesaid I. S. that he be before our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. to hear the Record and Processe aforesaid if c. And further c. The same day is given to the aforesaid N. S. c. Denâ—rrer in Law to the first matter of the Errors And the aforesaid I. S. by T. Bland his Attorney comes and as to the aforesaid first matter by the aforesaid Nicholas above for Error in form aforesaid assigned For that that after the Generall Pardon of our said Lady the Queen that now is had and enacted in the aforesaid Parliament of our Lady the Queen that now is at Westminster aforesaid the aforesaid twenty fifth day of October in the thirty ninth year of her Reign aforesaid the judgement aforesaid was entred against the aforesaid N. in the Plea aforesaid that he the same N. should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid which was long before the aforesaid Act of Parliament of Generall pardon aforesaid The same I. by Protestation that that matter for that Error in form aforesaid assigned is insufficient in the Law to maintain the aforesaid Writ of Error of him the said N. in that behalfe To the which he the said I. hath no necessitie nor by the Law of the Land is bound in any manner to rejoyn for Plea yet he saith that in the aforesaid Court of Bench aforesaid there is had The Custom of the Common Bench alleged for the manner of Entring judgment in the Case and time out of mind there hath been had such a Custom used and approved That is to say that the Clerks of the same Court who for the time being are assigned and allowed to enter and Record any Iudgements in the same Court from time to time rendred and to be rendred were used and accustomed in the Entries of the Rolls and Records of the same Court of the Judgements rendred in the same Court upon any action of Trespass against the Defendant
Lady Elizabeth are Queen of England at Westminster the 23. day of November in the 27. year of her Reign held and published from the aforesaid Court of our Lord the King that now is here before him the said King were transmitted And the aforesaid T. S. E. and T. Fen in the same Court of the Exchequer Chamber aforesaid have assigned divers matters for Errors in the Record and Process aforesaid for revoking and annihilating of the judgement aforesaid to which the same E. and R. in the same Court appearing pleaded that neither in the Record nor Process aforesaid nor in the rendring the judgment aforesaid there was in any thing Error Afterwards to wit on Saturday the 9. day of Pebruary in the aforesaid second year of our said Lord the King in the same Court of Exchequer Chamber aforesaid the premises being seen and by the Court of our Lord the King here diligently examined and fully understood Aswell the Record and Process aforesaid and the judgement aforesaid upon the same rendred as the aforesaid causes of Errors aforesaid by the aforesaid T. S. E. and T. F. above alleged and assigned For that that it seems to the Court here that the Record aforesaid is in nothing vitious and defective And that the Record aforesaid was in nothing Erronious Therefore it was considered if that the judgement aforesaid in all things be affirmed and continue in all his force strength and effect notwithstanding in any thing the said causes of Error above assigned and alleged And further it was considered of in the Exchequer Chamber aforesaid that the aforesaid E. R. should recover against the aforesaid T. S. E. and T. F. 100. s. to them the said E. and R. of their assent by the Exchequer Chamber aforesaid adjudged according to the form of the Statute thereupon published and provided for the damages costs and charges which they had by delay of the Execution of the judgement aforesaid by reason of the prosecution of the aforesaid Writ of Error And thereupon the Record and Process before the aforesaid Justices of the common Bench and Barons of the Exchequer aforesaid in the premises had They the same Justices of the Common Bench and Barons of the Exchequer aforesaid before our said Lord the King wheresoever c. they remit according to the form of the Statute aforesaid which to the said Court of our Lord the King now reciding c. ACTIONS OF ESCAPE ESCAPE R L. Executrix of the testament Escape against a Sheriff upon an Arrest upon a Bill of Middlesex c. complains of S. S. and H. C. lately Sheriffs of the County of Middlesex in the Custodie of the Marshall c. For that that is to say whereas one G. S. of c. such a day and year at London in the Parish c. by his certain writing obligatory with the Seal of him the said G. sealed and in due manner made bearing date the same day and year acknowledged himself to be bound and firmly obliged to the aforesaid I. in his life time in 20. s. of lawfull mony of England to be payd to him the said I. when he should be thereunto required with a condition thereupon indorsed for true payment of 12. s. of like mony c. upon the day of the Feast of the Ascension of our Lord then next following which said 12. s. the aforesaid G. to the aforesaid I. in his life time or to the aforesaid R. after his the said I. his death he hath not paye but the aforesaid G. forfeited the aforesaid 20. s. to the aforesaid I. in the writing obligatory conteined For the more speedy recovery of which said sum of 20. â— the aforesaid R. after the death of the aforesaid I. her Husband to wit in the Term of Easter in the 27. year of the Reign of our Lady the Queen that now is before her the said Lady the Queen at Westminster had come and obteined out of the same Court of the Lady the Queen before her the said Queen a certain precept of her the said Lady the Queen directed to the then Sheriffs of the aforesaid County of Middlesex By which it was commanded to them the said then Sheriffs that they should take the aforesaid G. if c. And safely c. So that they might have his body before our Lady the Queen at Westminster on Friday next after the morrow of the holy Trinity then next following to answer the aforesaid R. of a Plea of Trespass And that they should have there then that Precept to that intent that the same R. as executrix of the testament of the aforesaid l. in the same Court of our Lady the Queen here might declare and prosecute her Bill against the aforesaid G. for the debt aforesaid by the aforesaid writing obligatory done which said Precept the aforesaid R. afterwards to wit such a day and year and place delivered the aforesaid Sheriffs in form of Law to be executed by force of which said precept the aforesaid S. S. and H. B. then Sheriffs of the aforesaid County of Middlesex afterwards and before the return of the same to wit such a day and year at I. in the aforesaid County of Middlesex took and arrested the aforesaid G. And him the said G. under their safe custodie then and there had and deteyned And he the said G. being so in custody of them the said late Sheriffs They the said late Sheriffs afterwards to wit the aforesaid such a day and year led the aforesaid G. unto the City of London And him there so negligently kept that the same G. afterwards to wit the same such a day and year at London in the Parish and Ward aforesaid from the custody of them the said late Sheriffs did goe away and Escape And they the said late Sheriffs him the said G. to go at large whithersoever he would they did permit the aforesaid R. of the aforesaid 20. s. then and as yet being in no wise satisfied And the said G. being so gone away Escaped and permitted to goe at large from the custody of them the aforesaid late Sheriffs as aforesaid the same G. kept himself so secretly and privately that she the said R. could not procure any Writs or precepts to be served upon the aforesaid G. for the recovery of her debt aforesaid By which the same R. sayes that she hath not only Expended lost and let goe divers great Expences and Charges in and about the aforesaid Arrest of the aforesaid G. but also remains totally frustrate of all other remedy for the recovery of the debt aforesaid whereupon she saith that she is worsted and hath damage to the value of 40. s. And thereupon she brings her sute c. And she brings here into Court the Letters testamentary c. The Defendants plead they did make the Arrest And the aforesaid S. H. by T.B. their Attorney come and defend the force and injury when c. And say that the
the said Homage fealty and sute of Court as of fee and right and of the said Rent and residue of the said Services in his Demesn as of Fee And because the sute of him the said T. H. at the Court of the said R. A. held at his said Mannor on fryday next after the Epiphany of our Lord in the fourteenth year of the reign of the now King unto the said R. A. remaining undone the said R. A. doth well avow the taking of the said Cattel in the said place in which c. as in parcell of the said tenement of him the said R. A. in form aforesaid held and upon the said T. H. as upon his true Tenant thereof c. And within his fee c. And this he is ready to prove whereupon he prayeth judgment and the return of the said Cattel to be adjudged unto him c. Defendant protesting that he did not hold the premisses by the services in the avowment of the Plantif specifyed and that the Defendant was not of the same seized c. for Plea saith that he holdeth by fealty 3. shillings tent onely without this that he holdeth as above And the said T. H. saith that the said R. A. by any thing before alleged the taking of the said Cattel ought not to avow just because protesting that the said T. doth not the said Messuage and Virge of land with th' appurtenances of the foresaid R. A. by the said services in the avowment of him the said R. before specified c. And protesting also that the said R. A. was not seized of the said services by the hands of him the said T. in manner and form as the said R. A. before hath alleged for Plea saith that the said T. doth hold the said Messuage and Virge of land of the aforesaid R. A. as of his Mannor of B. by fealty and the Rent of three shillings onely for all services and ancient demands without this that the said R. A. was seized of the said services to doe sute at the Court of him the said R. A. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said services in manner and form as the said R. A. in his said avowment before hath alleged and this he is ready to prove whereupon he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. And the said R. A. saith Issue upon the Tenure that the said R. was seized of the said Services to do Sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said Services in manner and form as the said R. before hath alleged And of this he putteth himself upon the Country and the said T. likewise c. ss AND the said I.T. and H. by R. M. his Attorney cometh and defendeth the force and injury when The form of a Plea where the Defendant took more Beasts and Chattels than the Plaintif by his Declaration supposeth himself to have taken the Defendants say as to one Horse they did not take as to the residue say that he the said J.D. one of the Defendants in right of his Wife was seized of the Mannor of D. of which Mannor the Plaintif holdeth ten acres of land wherof c. of the Defendant by Fealty and four shillings Rent and to do Sute of Court and a Fine was leavyed of the same Mannor between W.F. Plaintif and the said I. E. and his Wife and that afterwards the said W. F. granted the said Mannor unto the said I.E. and his Wife and to the Heirs of their bodies c. in Fee-tayl and that after the Plaintif attorned unto them the said I. P. and his Wife and because the said Rent was behind the Defendants took the Beasts c. c. and as to the taking of one Horse of the said Horses they the said J. and H. say that they did not take that Horse in manner and form as the said Prioress before against them complaineth And of this they put themselves upon the Country And the said Prioress likewise c. And the said I. and H. further say that they at the time in which the taking of the said Cattell is supposed to be done they took four Horses of the said five Horses in the said Declaration specified and also one Cart with six Stacks of Barley in the same Cart being with the whole Tacklyn to the sayd Cart belonging that is to say Cartharness for the said four Horses in the same Cart to be drawn of the said Oxen and Cattell of the said Piroress in the said place in which c. which said four Horses and the said Cart with the said six Stacks of Barley in the same Cart being and the said Cattell that is to say the tackling of the said Cart called Horse Harness for the said four Horses drawing that Cart of I.N. Knight Sheriff of the said County at the Complaint of the said Prioress unto the said Prioress caused to be replevyed and of the said four Horses and Chattells the said I. in his own right and of Anne his Wife doth well avow And the said Hen. as Bailiff of the same I. doth well acknowledge the taking of the said Cattell in the said place in which c. and justly c. because he saith that the said place in which c. doth contein in it self ten acres of land with th' appurtenances in C. aforesaid whereof the said Prioress at the said time in which c. long before c. was seised in her Demesn as of Fee in the right of her said Monastery and so thereof being seized held the same of the said I. and A. his Wife in the right of her the said A. as of her Mannor of D. in the said C. of K. by Fealty and the Rent of 4. shillings every year at the Feast of St. Michael th'Arch-Angell to be paid and by Service to do Sute at the Court of them the said I. and A. of their said Mannor from three weeks to three weeks there to be held of which Services the said I. and A. in the right of her the said A. were seized by the hands of the said Prioress as by the hands of their then true Tenant that is to say of Fealty and Sute of the said Court as of Fee and in right and of the said Rent in their Demesn as of Fee And them the said I. and A. in the right of her the said A. so of the said Mannor Rent and Services being seized long before the said time A Fine levied where the wise is Cognisee seized of the lands acknowledged in which c. that is to say in Eight dayes of St. Michael in the 21. year of Henry late King of England and France the seventh from the Conquest in the Court of him the said late King
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
done they fled And the same Thomas Berd them speedily followed from Town to Town unto the four next adjoyning Villages And with or untill c. And if the same Felons who now appear the Felonie aforesaid of the Robbery aforesaid upon them above put will denie the same Thomas Berd is here ready to prove this against them as the Court c. And the aforesaid Joan and some of the Defendants in their proper persons came and defended the force and injury when and all Felony and whatsoever c. Not guilty for some of the Defendants And say that they are not guilty And of this they put themselves c. And the aforesaid Thomas Berd in like manner c. Therefore the Jury thereupon is to come before our Lord the King in eight dayes of the Purification of the blessed Virgin Mary And who neither c. to Recognize c. Because aswell c. The same day is given to the parties now appearing And upon this the same Joan Bayl for some of the Defendants and Thomas Ireland and others are delivered over in Bayl unto Iohn Methole of c. and three other Manucaptors c. before our Lord the King at the aforesaid Town c. At which day before Default after Issue by one c. the aforesaid Thomas Berd solemnly called to appear came not And the aforesaid Iohn Govor and others in their proper persons came And the aforesaid Ioan Govor and Thomas Ireland although solemnly called the fourth day of the Plea came not upon which the aforesaid Iohn Methole one of the Pledges of the aforesaid Thomas Ireland in his proper person came And said that the same Thomas Ireland is dead One of the Defendants dead and dyed at Huish neer Highbrigs in the said County of Somerset long before the said eight dayes of the Purification c. to wit such a day and this he is ready to avow whereupon he presumeth our Lord the King him upon the aforesaid occasion would acquit c. And upon this for that that it is sufficiently here in Court by credible men of the aforesaid Country testified that the aforesaid Thomas Ireland is dead and dyed in the form which is by the aforesaid Iohn Methole above alleged Cease of Process as to one and his Bayl by death Exigent against one who makes default after Issue which Thomas Croswell who prosecutes for our Lord the King on that behalf denyeth not It is considered that the process against the aforesaid Thomas Ireland and his pledges aforesaid on that behalf should cease c. And that the Manucaptors of the aforesaid Ioan Govor be taken c. And command is given to the Sheriff that he cause to be required the aforesaid Ioan from County to County untill c. she be wayved if not c. And if c. then he take her and her safely c. So that he have her body before our Lord the King from the day of Easter in one month wheresoever c. And upon this for that the aforesaid Thomas Berd the appeal aforesaid against the aforesaid Iohn Govor and others in form aforesaid prosecuteth not Judgement against the Plaintiff by default It is considered that the same Thomas Berd be taken c. And his pledges aforesaid of prosecuting be in mony c. And that the aforesaid Iohn Glovor of c. and others who above appeared as to the Sute of the aforesaid Thomas Berd go without day c. But as to the satisfying of our Lord the King being instantly spoken to in what manner of the premises upon them above put they would acquit themselves they say severally they are not guilty c. Not guilty as to the King And thereof of good or ill severally put themselves upon the Country Therefore the Jury thereupon is to come before our Lord the King in eight dayes of St. Hillary wheresoever c. And who neither c. to Recognize c. because aswell c. The same day is given to the parties aforesaid c. Bayl for those that are acquit by default And upon this the aforesaid Iohn Govor and others are delivered unto Bayl unto William Trigo and three other Manucaptors untill the aforesaid Term c. And so from day to day untill c. At which day before our Lord the King at Westminster came the aforesaid Iohn Govor Venirefacias and others in their proper persons and the Sheriff returns the names of 24. Jurors whereof none c. Distringas Jur ' Therefore command is given to the Sheriff that he should not omit c. but destroy c. by all the Lands And that of the issues c. And that he have the bodies of them before our Lord the King from the day of Easter in fifteen dayes wheresoever Ni. pri c. or before the beloved and faithfull of our Lord the King R. N. Knight chief Justice of our Lord the King of his Bench if before on Thursday next after c. at c. by form of the Statute c. come to make the Jury aforesaid c. The same day is given to the aforesaid Iohn Govor and others c. Continuance of the Jurat ' And the Process thereupon continued by the Jury thereupon put It is put in respite before our Lord the King untill from the day c. Unless the Iustices of our Lord the King at the Assizes c. first such a day c. at c. by the form of the Statute c. comes for default of Jurors c. At which said fifteen dayes from the day of Easter before our Lord the King at Westminster came the aforesaid Iohn Govor and others c. in their proper persons And the aforesaid Iustices at the Assizes c. before whom c. sent the Record c. in those words afterwards the day and place within conteined before c. came the aforesaid Iohn Govor c. in their proper persons and the Iurors c. being called in like manner came And upon this Proclamation being made as the manner as if any for the Lord the King could enform the Jurors of the Jury whereof within is made mention of the within-contained he should come and he should be heard But none appeared to do this Whereupon it was proceeded into the taking of the Jury aforesaid by the oath of the twelve who to speak to the truth of the within-contained being chosen Verdict for the Defendants tryed and sworn say upon their oaths that the aforesaid Iohn Govor and others c. are in nothing guilty of the Robbery of the within written Thomas Berd as the aforesaid Iohn Govor c. within by pleading have alleged nor upon that occasion ever withdrew themselves nor any of them ever withdrew himself and they Assess the Damages of each the aforesaid Iohn Govor c. having respect aswell to the Imprisonment
and Arrest which severally by occasion of the Appeal aforesaid they have sustained and the infamy which by the Imprisonment Damages for the Defendants and by other means they have severally incurred as also for their expences and costs in that behalf layed out to a hundred pound and upon this the aforesaid Iohn Govor Avowment that the Plaintiff had not wherewith to satisfy the Damages c. say that the aforesaid Thomas Berd hath not whereof the aforesaid Damages may be rendred unto them and pray that the Justices here may enquire at which or whose abetting the Appeal aforesaid by malice was formed and upon this it was sought of the Jurors aforesaid if the aforesaid Thomas Berd have whereof to the aforesaid Iohn Glovor and others he may be able to render the Damages aforesaid or no who say that the aforesaid Thomas hath sufficient The Jury find he hath Assets whereof to the said Iohn Govor and others c. he may be able to render the Damages aforesaid and further say upon their oaths that there are no Abettors to the forming of the Appeal aforesaid by malice for that that the principals aforesaid of the premises are quit The Jury find no Abettors because the Principals are quit It is considered that Process on that behalf against the Accessaries aforesaid shall altogether cease c. ACTIONS OF ASSIZE ASSIZE ss THe Assize comes to be Revised whether R. N. and N. H. and A. his wife have unjustly Mid. Assize upon Disseisin made of Tenements as of the Freehold Easter 9. Hen. 7. Roll 37. disseied I. Y. of F. I. G. the Elder and W. B. of his Freehold in H. after the first c. And whereupon the same I. I. and W. by W.F. their Attorney complain that they have disseized them of one Messuage and one acre and a half of Lands with the appurtenances c. And the aforesaid R. N. and A. being called came not And of them the Sheriff Retorns that they have nothing c. The Defendants come not and the Sheriff retorns a Nihil c. The assize is taken by Default c. and the review found for the plaintif And that they are not found c. And that they have neither Bayl nor Bayl 's Therefor the Assize aforesaid is taken against them by default c. And the Reviewers of the assiize aforesaid being called came who to speak to the truth of the premises being chosen tried and sworn say upon their Oath that the aforesaid I. I. and W. were seized of the Tenements aforesaid with the appurtenances in their view put in the Plaint aforesaid specified in their Demesn as of Free hold untill the aforesaid R. N. and A. them thereof unjustly and without judgement and by force and arms they did disseize and they assess the Damages of them the said I. I. and W. by occasion of the Disseizin aforesaid above their Expences and costs by them about the prosecution of this Assize layd out to six shillings and eight pence And for those Expences and costs to thirteen shillings and four pence And of the same Reviwers by the Court it is Demanded if the same Disseisin were made after the Eighth year of the Lord Henry the sixth late King of England or no who say it is so Therefore it is considered that the aforesaid I. I. and W. shall recover their seisin of the Messuage and Land aforesaid with the appurtenances in the Plaint aforesaid specified by the view of the Reviewers of the same Assize and their Damages aforesaid to the trouble according to the form of the Statute in that case provided and by the Reviewers aforesaid in form aforesaid assessed which said Damages in the trouble amount unto three shillings And the aforesaid R. N. and A. are to be taken c. A Writ of Scire fecias seisinam upon the assize before THe King to the Sheriff of Middlesex Greeting Whereas I. Y. of F. I. G. the Elder and VV. B. lately in our Court before c. at VVestminster by the review of a certain Assize of novell dissesin and the judgement of the same Court have recovered their seisin of one Messuage and one acre and a half of Land with the appurtenances in H. against R. N. N.H. and A. his wife And therefore Wee Command you that you cause to be had to the aforesaid I. I. and VV. full seisin of the Tenements aforesaid with the appurtenances without delay Witness c. An Originall in assize of noble disseisin before the King ss THe King to the Sheriff of Middlesex Greeting I. Knill and H. Lord Chard have complained unto us that G. H VV. K. and R. A. have unjustly and without judgement disseized them of their Freehold in H. after the first c. And therefore we Command you that if the aforesaid I. R. and H. shall make you secure of prosecuting their claim Then you cause that Tenement to be reseized of the Cattell which in it were taken and that Tenement with the Cattell to be in peace untill Friday next after three weeks of Saint Michael And in the mean time to cause twelve free and lawfull men of that VVisonage to view that Tenement and the names of them in the VVrit And that you Summon them by good Summons that they be then before us at Westminster ready thereupon to make their review And that you put by sure and safe Pledges the afore G. W. and R. or their Bailiffs if they be not found that they be then there to hear that Revisement And that you have then there the Summoners the names of the Pledges and this VVrit VVitness our self at Westminster the twentieth day of October in the nineteenth year of our Reign The Retorn thereof Pledges of prosecuting John Doe and Richard Row G. H. C. H. and R. A within named are attached Horse of the price of 11. shillings The residue of the Execution of this Writ appeared in a certain Panell to this Writ annexed the answer of L. K. and R.W. Sheriffs The names of the Reviewers c. I. R. Esquire c. and so the twenty fourth singularly Impanelled and then thus the Summoners of the Reviwers aforesaid and of every of them I.T. and R. S. the Manucaptors of the summons of the Reviewers aforesaid and of every of them A. D. R. R. N. D. and H. H. THe King to the Sheriff of Middlesex Greeting Habeas Corpus Jur ' upon the same We command you that you have before c. on Thursday next after the Morrow of St. Martin the bodies of I. R. Esquire and so the names of the 24 in the panell named the Reviewers of a certain Assize of novell disseisin which I. R. and H. L. have brought before us against G. H. W. H. and R. A. of Tenements in H. to make revisement of the same Assize and that in the mean time you cause the Reviewers aforesaid to see the
Tenements aforesaid and their names in the Writ and that you have then there the names of those Reviewers and this Writ Witness c. The return of the same Writ remains in a certain panell to this Writ annexed the answer of L. H. and R. W. Sheriffs The Return of the Writ of Habeas Corpus Jur ' The names of the Reviewers c. and then the names of the Reviewers in the Panell c. and then thus each of the Reviewers aforesaid severally by himself is attached by I. D. and R. R. Note for a Rule Generall that the Inrolment of the Writ of Habeas Corpus ought alwaies to be in the Roll of Pleas and not elsewhere and ought to be enrolled as in the Plea following ss THe Assize came to be Revised whether G. Houghton Middlesex A Declaration in Assize of novell disseisin upon the originall Writ aforesaid March 19. Hen. 7. Roll. 69. One of the Defendants sayes that the Father of his Wife was seised of the Tenements in view put in Fee and dyed and the Defendant entred in right of his Wife and had issue and the Wife dyed and as Tenant by the Law of England hold himself in c. W. H. and R. A. unjustly c. have disseised I. R. and H. L. of their Freehold in H. after the first c. And whereupon the same I. and H. by G. C. their Attorney complain that they have disseised them of one Messuage and 18. Acres of Land with the appurtenances c. and the aforesaid G. H. by T. L. his Attorney comes and answers as Tenant of the Tenants aforesaid and sayes that the Assize thereupon between him and the aforesaid I. H. ought not to be had Because he saith that one W. B. was seised of the Tenements aforesaid with the appurtenances put in view of the revisement of the Assize aforesaid and in the Plaint aforesaid specified in his Demesn as of Fee and he being thereof seized dyed of such his estate thereof seized after whose death the Tenements aforesaid did discover to one I. the Wife of the aforesaid G. as to the Daughter and Heir of the aforesaid W. B. by which the same G. and I. in right of her the said I. as Daughter and Heir of the aforesaid W. into the Tenements aforesaid with the appurtenances did enter and were thereof seized in their Demesn as of Fee in right of her the said I. And they being so thereof seized the aforesaid G. and I. had issue between them one W. H. and afterwards the aforesaid I. L. in the Parish of St. B. in the Ward of A. London dyed and the aforesaid G. over-lived her and held himself in the aforesaid Tenements with the appurtenances and was thereof seized in his Demesn as of Freehold as holding thereof by the Law of the Land of this Kingdom of England And that the aforesaid I. R and H. clayming the Tenements aforesaid with the appurtenances by colour of a certain deed of Demise to them thereupon made for term of their life by the aforesaid W. B. in his life time Whereas nothing of the Tenements aforesaid with the appurtenances into the possession of them the said I. and H. by that Deed ever passed into the Tenements aforesaid entred upon whose said I. and H. their possession thereupon one D. D. in the same Tenements with the appurtenances entred upon whose said D. D. his possession thereupon the aforesaid G. in the same Tenements with the appurtenances did reenter as it was lawfull for him to doe and this c. Whereupon he demands judgement whether the aforesaid I. and H. the Assize aforesaid thereupon against him ought to maintain c. The other Defendants say they made no disseâ—sin And the aforesaid W. H. and R. A. in their proper persons say that they have done no injury nor dissesin to the aforesaid I. R. and H. of the Tenements aforesaid And of this they put themselves upon the Assize And the aforesaid I. R. and H. in like manner Therefore the Assize is to be taken thereupon between them c. The Plantiff says that one was seised of the Tenements and Enfeoffed the Plaintiffs to hold for ever and traverses the dying feised of the Father of the Defendants Wife The Traverse And the aforesaid I. R. and H. say that they by any thing by the aforesaid G. prealleged ought not to be debarred from having the Assize aforesaid against him because they say that one R. A. was seized of the Tenements aforesaid in view c. and in the Plaint c. specified in his Demesn as of Fee And being so thereof seized did Enfee of them the said I. R. and H. To have and to hold to them and their Heirs for ever By vertue of which said Feoffment they the said I. and H. were thereof seized in their Demesn as of Fee untill they the said I. W. and R. A. in the Writ named them the said I.R. and H. of those Tenements aforesaid with the appurtenances unjustly c. they disseised Without that that the aforesaid W. B. dyed seized in his Demesn as of Fee of the aforesaid Tenements put in view of the revisement of the Assize aforesaid in the Plaint above specified as the aforesaid G. hath above by pleading alleged And this c. Whereupon he prayes judgment and that the Assize aforesaid may be proceeded in to the taking thereof between them c. Issue taken upon the traverse And the aforesaid G. as formerly saith that the aforesaid W. B. dyed seised in his Demesn as of Fee of the aforesaid Tenements with the appurtenances as he above by pleading hath alleged and of this he puts himself upon the Assize The Assize remains to be taken for want of Reviewers and the aforesaid I. R. and H. in like manner c. Therefore the Assize is to be taken between them c. And the Reviews of the Assize aforesaid being called some of them came and the Assize aforesaid remains to be taken before the Lord the King at Westminster untill Thursday next after the morrow of St. Martyn for want of Reviews c. Therefore the Sheriff is to have them there the bodies of the Reviewers c. And in the mean time c. So that c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at VVestminster came as well the aforesaid I.R. and H. as the aforesaid G. by their Attorneys aforesaid and the aforesaid VV. H. and R. A. in their proper persons in like manner came and the Reviewers of the Assize aforesaid being called in like manner came who to speak to the truth of the premises being chosen Verdict in Assize for the Plaintiff tryed and sworn say upon their oaths that the aforesaid R. B. dyed not seised of the Tenements aforesaid with the appurtenances as the aforesaid I. R. and H. above by pleading
ought not to have his action against them c. because by protestation they say that the aforesaid A. was never taken and deteined in Prison of the Marshalsee of our Lord the King before him the said King by reason of the Indictment aforesaid in manner and form as he above hath declared yet for Plea they say that long before the Conspiracie aforesaid supposed to be made the aforesaid E.P. I.G. T.C. T.S. and A.H. the aforesaid seventh day of October in the tenth year of our Lord the King that now is aforesaid by force and arms that is to say with Swords Staves and Knives at S. aforesaid in the aforesaid County of Lincoln the Close and House of the aforesaid R. B. they did break and enter and one Cart-load of Hay to the value of six shillings eight pence of the goods and chattels of him the said R. B. then and there found they riotously took and carried away And for that that the aforesaid A. P. was there present at S. aforesaid at the said time of the Riot and Trespasse aforesaid committed And in like manner that the common voice and fame was that the Riot and Trespass aforesaid was done and committed by the Command of the aforesaid A. and the aforesaid R. B. after the Riot and Trespass aforesaid committed and before the Conspiracie aforesaid supposed to be made came to the aforesaid T. G. unto B. in the County aforesaid for that the same T. G. was learned in the Law of 〈◊〉 Land And to him the said T. G. reported the whole matter 〈◊〉 Riot and Trespass aforesaid And prayed Counsell of him the 〈◊〉 T. what in that matter was fit to be done And the foresaid T. G. then and there demanded of the aforesaid R. B. whether he had any testimony of the Riot and Trespass aforesaid And the same R. R. said that the aforesaid I. P. was present at the same time of the Riot and Trespass aforesaid committed and knows to testifie all the premisses said by the said R. B. to be true By reason whereof they the same T. G. I. P. and R. B. had suspition that the aforesaid A. was guiltie of the Riot and Trespass aforesaid Upon which the same T.G. I.P. and R. B. after and before the time of the Conspiracie aforesaid supposed to be made at C. aforesaid in the County aforesaid had conference together of the Riot and Trespass aforesaid in form aforesaid committed and what was further more fit to be done for the punishment and reformation of the aforesaid Riot and Trespass Upon which the aforesaid T. G. then and there Counselled the aforesaid R. B. and I. P. that they should be at C. aforesaid in the County aforesaid at the next Generall Sessions of the Peace there to be held to shew the Justices of the Peace of our Lord the King of the Riot and Trespass aforesaid to that intention that the same Justices at the same Sessions of the Peace may be able to make Enquirie of the same Riot and Trespass amongst other things By which they the same R. B. and I. P. on the said Tuesday next before c. at C. aforesaid before W. Tirwhit R. Tirwhit and W. H. Knights and other Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanors in the parts of Lindsey in the County aforesaid committed they came and to the same Justices then and there in full Court sitting they gave information of the Riot and Trespass aforesaid And to them a certain Bill conâ—eining the Riot and Trespass aforesaid by the aforesaid A.E. I.G. T.E. T.S. c. committed then and there did exhibite and deliver which said Bill the aforesaid Justices of the Peace there to certain persons of the same County then and there to enquire of the Riot and Trespass aforesaid amongst other things there sworn they did deliver thereupon to declare the truth of the premisses And further the same R. B. and I. P. say that they before the aforesaid Justices at their Command were sworn to declare true information and evidence to the aforesaid Jurie to the matter conteined in that Bill By vertue whereof they the said R. B. and J. P. to the same Jurie of the Riot and Trespass aforesaid gave Evidence Which said Conference of the aforesaid T.G. R.B. and I.P. of the premisses in form aforesaid and the exhibition of the aforesaid Bill to the aforesaid Justices of the Peace as also the information and declaration of the Evidence aforesaid to the aforesaid Jury in form aforesaid are the same Conspiracie whereof the aforesaid A. P. now complains of And this c. whereupon he prayes Judgement whether the aforesaid A. should have his action c. And the aforesaid A. sayes that he by any thing The Plaintif replies that they Conspired of their proper injurie without any such cause c. ought not to be debarred c. because he saith that they the said T.G. R.B. and I. P. the aforesaid time of the Conspiracie aforesaid made of their proper injurie and malice and without such cause by them the said T. G. R. B. and I. P. above by pleading alleged him the said A. together with the aforesaid E. P. I. â— T.C. T.S. A.H. and E. P. of the Riot and Trespass aforesaid to be indicted and him the said A. upon the occasion to be taken and in Prison aforesaid to be deteined falsly and maliciously they procured in manner and form as the aforesaid A. above against them complaineth And this he prayeth may be Enquired of by the Countrey And the aforesaid T.G. R.B. and I. P. in like manner c. Therefore c. N. L. lately of Trucleston in the County aforesaid Knight Declaration in a Writ of Conspiracie upon the Statute of 8. Her 6. where one of the Defendants approves upon the Distringas and the other upon the attachment Mich. 15. Hen. 7. Roll. 35. in mony for many defaults c. the same N. and R. A. lately of I. in the Parish of H. Yeoman and I.S. lately of A. in the County aforesaid Yeoman and I.H. lately of M. in the County aforesaid Taylor were attached to answer aswell our Lord the King as Y. M. lately called T. M. of Westminster in the County of Middlesex Spinster of a Plea wherefore whereas in the Statute in the Parliament of our Lord Henry the sixth late King of England at Westminster in the eighth year of his Reign hold It is Ordeined and established that every of the Liege people of our Lord the King of treason felony or Trespass by any Indictment or appeal before Justices of the Peace or any other having power to take the same Indictments or Appeals or any Commissioners or Justices in any County Libertie or Franchise of England to be taken Indicted or appelled dwelling in any County other than where the same Indictment or appeal was taken and afterwards
peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours in the same County of S. on Monday next after such a Feast such a year at Winchester in the aforesaid County of S. to be Indicted and her upon that occasion such a day year and place to be taken and in the Prison of our Lord the King of his Gaol of Winchester Untill the same T. in the Court of our Lord the King before the beloved and faithfull of our said Lord the King T.VV. and R. R. Justices of the Assizes of our said Lord the King assigned to be taken in the County of S. by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius on Monday next after such a Feast such a year at Winchester taken according to the Law and custom of the Realm of our Lord the King of England thereupon he was there acquitted to be deteined falsly and maliciously they procured to the great damage of them the said T. M. and T. and against the form of the Ordinance in that case provided c. Whereupon they say that they are worsted and have damage to the value of 100. l. And thereupon they bring their sute c. One of the Defendants pleads not guilty and the other that at the time of the originall issuings c. he was inhabiting at Thrukleston and not at Truckleston and so not the same person And the aforesaid N. L. I. H. and I.VV. lately of I. c. by A.G. their Attorney come and defend the force and injury when c. And the aforesaid I. VV. and I. H. lately of I. say that they are in nothing guilty c. And upon this they puts themselves upon the Country c. And the aforesaid T. M. and D. in like manner c. And the aforesaid N. L. sayes that he the day of the issuing forth of the originall Writ of the aforesaid T. M. and T. was dwelling and conversant at Thruckleston in the County of S. without that that the same N. ever was dwelling oâ— conversant at Traxston as by the aforesaid Writ it is supposed and this he is ready to aver whereupon he prayes judgement of the Writ c. And the aforesaid T. M. and T. say that they by any thing by the aforesaid N. L. prealleged their Writ aforesaid ought not to be quashed because as to the Plea of the aforesaid N. L. in quashing of the Writ aforesaid above pleaded The same T.M. and T. say that the aforesaid Village of T. the said day of the obteining the originall Writ of them the said T. M. and T. to Wit the 6. day of January in the 9. year of the Reign of the King that now iâ— was known and called aswell by the name of the Viâ—lage of Truxston as by the Writ aforesaid is supposed as by the name of the Village of Truckleston and this they pray may be enquired of by the Country and the aforesaid N. in like manner Therefore the Jury thereupon is to come before our Lord the King from the day of St. Michael in fifteen dayes wheresoever of the Visonage of T. by whom c. And who neither c. to Recognize c. Because aswell c. The same day is given to the parties aforesaid now appearing c. ANd the aforesaid I. P. and W. by R. R. their Attorney come and defend the force and injury when Justification in Conspiracy for that the Defendant was one of the Jury with other Jurors before the Justices of the Peace at the Sessions c. And all Conspiracie and whatsoever c. And the aforesaid I. sayes that he is not guilty c. And of this he puts himself upon the Country and the aforesaid W. by Protestation acknowledging not any such Conspiracie as is above supposed But that the aforesaid R. ought not to have his action aforesaid against him because he sayes that at the time wherein the aforesaid R. supposeth himself in form aforesaid to be Indicted he then together with other Iurors by the Sheriff of the County aforesaid was impanelled and summoned to appear before the aforesaid late Iustices of the Peace at Norwich to doe there before the same Iustices of the Peace that which by the same Iustices on the behalf of our Lord the King should be enjoyned them by reason whereof he with other Iurors then and there before the same Iustices of the peace appeared and by the same Iustices of the Peace upon the book were sworn and changed by their oath to enquire for the King of all Felonies Trespasses and other articles in the Commission of our said late Lord the King Father of our Lord the King that now is to the aforesaid Iustices of the Peace directed conteined within the County aforesaid done or committed and he together with other Iurors before the aforesaid late Iustices of the Peace upon the book then sworn and charged him the said R. according to their conscience by form of Law of the Felonie in the Writ and Declaration above specified did Indict Which all and singular he is ready to aver Whereupon he expects not that the aforesaid R. ought not his action aforesaid for any Conspiracie in that Case to maintain against him c. And prayed judgement c. And the aforesaid R. sayes that he from his action of Conspiracie aforesaid against the aforesaid W. by any thing by him the said W. prealleged ought not to be debarred Because he saith that he the day and year c. in the Declaration above specified together with the aforesaid I. Conspired to Indict him the said R. of the Felony aforesaid Traverse in the form wherein he above by his Writ and Declaration supposeth Without that that there is had any such Record in which it is contained that he before the aforesaid Justices of the Peace together with other Jurors was sworn on him the said R. of the Felony aforesaid in form aforesaid as he above by pleading hath alleged and this he is ready to aver and for that he gain saith it not c. he prays judgment c. And the aforesaid W. by Rejoinder saith that there is had such a Record in which is contained that he before such and such late Justices of the Peace together with other Jurors was sworn and that they the aforesaid R. of the Felonies aforesaid in form aforesaid Indicted as he above by pleading hath alleged and this he avows in the Records in the Rolls of them the said late Iustices of the Peace under the custodie of the Iustices of the Peace of our Lord the King that now is in the County aforesaid reserved c. And the aforesaid R. in like manner c. Therefore as to that above of the issue pleaded above to be tryed Command is given to the Sheriff that he cause to come before our Lord the King in eight
in the same action named for any Trespass committed before any Generall Pardon to Enter aswell in the end of such Judgement And nothing of Fine of the aforesaid Defendant because he is pardoned As in the End of such Judgement And the aforesaid Defendant is to be taken and to note in the Margent of the same Rolls directly opposite to the word Capiatur in the 〈◊〉 Judgement this word Pardoned by that means giving direction 〈◊〉 the Clerk of the Estreats of the same Court where he may find them amongst the Rolls of the same Court against whom he the said Clerk doth send out and direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and come under their Fines in the same Court for their Trespasses and other causes fineable according to the Custom and Law of the Land of this Kingdom of England And against whom he should omit and forbear to send forth the like Writs And that the same Entrie of Pardon in the Margent of the Record aforesaid is and for the whole time aforesaid was as sufficient a discharge of the aforesaid partie against whom the Judgement in the same Record is rendred that he should be taken as if within the same Record it had been Entred nothing of the Fine of that partie because he is pardoned And the aforesaid I. S. in fact saith that in the Record aforesaid sent before our Lady the Queen the aforesaid word Pardon'd in the Margent of the same Record is entred and noted according to the Custom aforesaid as by that Record above appeareth And as for the other matter by the aforesaid N. for his last Error in form aforesaid assigned the same I. S. sayes that in the aforesaid Court of the Bench aforesaid there is had and time out of mind there hath been had such a Custome used and approved The Plaintif sets form the Custom to Enter the admâ—ssion upon the Roll wherein the Declaration is Entred that is to say that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next kindred in any Plea to be entred and inrolled were used to be Entred and inrolled in the Roll wherein the Declaration in that Plea was Entred and inrolled And the same I. further faith that the Declaration aforesaid of him the said I. in the Plea aforesaid against him the said N. was Entred amongst the Rolls of Robert Bernors Gent. Phillizer of the County of Suffolk to wit in the Roll 386. as in the Record aforesaid sent here to the Court of our Lady the Queen more fully appears And the same I. S. further saith that although the aforesaid Chief Justice of the Common Bench hath certified to the Lady the Queen that having searched the Rolls of the Entries of every the Prothonotaries of the aforesaid County of S. of the Term and year aforesaid in his Custodie remaining of Record he had not found in the same any Entrie of the admission of the aforesaid I. S. to prosecute by the aforesaid I. M. and W. E. next of kindred to him the said I. S. being within age against the aforesaid N. S. of the aforesaid Plea yet there is had such a Record of the admission of the aforesaid I. S. so being within age to prosecute in the aforesaid Court of Bench by the aforesaid I. M. and W. E. his next kindred against the aforesaid N.S. of the aforesaid Plea Entred in the same Bench in the aforesaid Roll 386. on which the Declaration aforesaid as is aforesaid remains Entred â—â—â—ording to the Law and Custom of the said Court of Bench aâ—â—â—â—said Which said Record as yet remains before the aforesaid Justices of the Common Bench under the Custodie of the aforesaid Chief Justice omitted as yet to be certified to our Lady the Queen Certiâ—rare awarded to Certifie the full truth And the same I. S. prayes a Writ of Certiorare of our Lady the Queen to the aforesaid Chief Justice of the Common Bench to be directed to whom the certifying aswell of the omission aforesaid as of the Customs aforesaid rests to be made to Certifie our Lady the Queen more fully of the truth thereof and it is granted unto him c. By which it is Commanded to the aforesaid Chief Justice of the Common Bench that searching the Rolls of the Entries of the aforesaid Phillâ—zor of the aforesaid County of Suffolk of the aforesaid Term of Easter in the sixteenth year aforesaid And what in the same Rolls of the omission aforesaid he shall find as also the whole and full certaintie and truth of the aforesaid severall Customs of the said Court of our Lady the Queen of the Bench from the day of the holy Trinity in fifteen dayes wheresoever c. he do certifie together with the Writ of our Lady the Queen to him thereupon directed The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed certified to her the said Lady the Queen at Westminster at the same day That in the Court of the Lady the Queen of Common Bench There is had such a custom used and approved that the Clarks of the same Court who for the time being are assigned and allowed to enter and Record in the Rols and Records of the same Court any judgements in the same Court from time to time rendred and to be rendred were used and accustomed in the entry in the Rolls and Records of the same Court the judgements rendred in the same Court in and upon any action of Trespass against the Defendant in the same action named for any Trespass committed before any generall pardon to enter aswell in the end of such judgement And nothing of Fine of the aforesaid Defendant because he is pardoned as in the end of such judgement And the aforesaid Defendant is to be taken And to note in the Margent of the same Roll direct opposite to those words in the judgement this word pardon for that reason to give direction to the Clark of the Extreats of the same Court where he shall find amongst the same Rolls of the same Court against whom he the said Clark doth send or direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and to undergoe their fines in the same Court for their Trespasses and other causes fineable according to the custom and Laws of this Kingdom of England And against whom he is to omit and forbear to send forth and direct such Writs And that such entry of pardon in the Margent of the Record aforesaid is and by the whole time aforesaid was as sufficient a discharge of the party aforesaid against whom
any Lands Tenements or Hereditaments or in any Courts of Record or in any Leet or View of Frank-pledge in a Court day called Law-day or in any Court in antient Demesn Hundred Court Court Barron or in the Court or Courts of the Stannery in the County of Devon and Cornwall or being examined to the perpetuall memory of a thing that then whatsoever person and persons so offending and being duly convicted or attainted by the Laws of this Kingdome of England for his or their said offences shall lose and forfeit unto the said Lady the Queen 20. pounds and should have Imprisonment by the space of six moneths without Bail or Mainprise and that the Oath of such person or persons so offending from thenceforth afterwards in any Court of Record should not be taken within this Kingdom of England or Wales or Marches of the same till what time the Judgement given against the said person or persons should be made void or revoked by Attainder or otherwise that upon every such kind of Revocation the parties grieved shall recover his or their Dammage against all and singular such person and persons as should procure the said Judgement so revoked to be rendered against him or them or any of them by Action or Actions to be prosecuted upon his or their Case or cases according to the course of the Common Lawes of this Kingdome of England and if it should happen the said offendor or offendors not to have any goods or chattells to the value of 20. pounds that then he or they should be put upon the Pillory in any Market place within the County City or Burrough where the said offence should be committed by the Sheriff or his Officers if they should happen to be without any City or Town Corporate then by the chief Officer or Officers of such City or Town Corporate or by his or their Officers And there should have both his ears nayled and from thenceforth should be discredited and disabled for ever to be sworn in any the Kings Courts of Record aforesaid untill the Judgement should be reversed and thereupon to recover his Damages in manner and form before mentioned one Moity of which said sum of Money to be forfeited in manner and form aforesaid should be to the said Lady the now Queen her Heirs and Successors and the other Moity thereof unto such person or persons as should be grieved hindred or molested by reason of the offence or offences before mentioned who therefore would prosecute by action of Debt Bill Plaint Information or otherwise in any the Kings Courts of Record in which no Wager of Law Essoin Protection or Injunction should be allowed as in the said Statute amongst other things more fully it is manifested and it appeareth And where also c. ss A. B. Late of London Taylor Declaration in Debt after Verdict and Judgement in Trespas in the Kings Bench upon Recognizance there against one of the Bayl. Easter 6. H. 8. Roll. 432. was Summoned to answer R.H. of a Plea that he render unto him 100. pounds of lawfull money of England which c. And thereupon the said R. by R. I. his Attorney saith that whereas he the Monday next after fifteen dayes of the holy Trinity in the fourth year of the Reign of the now King before him the said Lord the King at Westminster in his proper Person came and appeared and then and there in the Court of the said King brought his Bill against one W.G. Mercer in the Custody of the Marshal of the Marshalsea of the Lord the King before him the King then and there being of a Plea of Trespass and the Pledges to prosecute are Philip Mason and John Wicham by which said Bill the said R. Complained of the said W. of that that he the second day of July in the third year of the said now King with force and arms that is to say with Swords c. the house of him the said R. at London in the Parish c. had broke and other wrongs to him had done against the Peace c. to the damage c. and the aforesaid W. by T.C. his Attorney appearing commeth and defendeth the force and Injury when c. and saith that he in no wise was thereof guilty concerning the Trespass aforesaid as the said R. above against him Complained And of this he put himself upon the Countrey And the aforesaid R. likewise c. therefore thereupon commeth the Jury before the Lord the King at Westminster the Monday next after eight c. of St. Michael And who neither c. to Recognize Entrie of Recognizance after Issue ioyned c. because aswell c. the same day was given to the parties aforesaid there c. And upon this before the said Lord the King at Westminster in the said County of Middlesex personally then and there commeth I.G. of London Gent. and L.G. of London Gent. and the aforesaid A. the Manucaptors for the said W.G. that is to say under the pain of 100. pounds which they acknowledged and every of them for himself acknowledged of his Lands and Chattels and of every of them to be done And to the use of the said R. to be levyed and likewise the said W.G. assumed for himself under the pain of 100. pounds which he acknowledged of his Lands and Chattels to be executed and to the use of the said R. to be levyed if the said W. all such Damages Costs and charges in which it should happen him the said W. in the Plea aforesaid in any manner lawfully to be overthrown doth neither pay or himself to the Prison of the Marshall of the Lord the King before him the King in that occasion not to render c. At which said day of Monday next after eight c. of St. Michael before him the Lord the King at Westminster commeth aswell the aforesaid R. in his own person as the said W.G. by his foresaid Attorney And the Sheriff then sendeth a Writ of Venir ' fac ' 24. c. in all Services and Executions together with the Pannell of the names of the Jurors thereupon impannelled upon which the Jurors of that Jury being called likewise come who being chosen tryed and sworn to speak to the truth of the Premisses Say upon their Oath that the said W. was guilty of the Trespass aforesaid even as the said R. had above Complained And they Assessed the Damage of him the said R. by reason of the Trespass as in the Verdict for which it was considered at that time in the same Court before him the Lord the King that the said R. should recover against the said W c. as in the Record even as in that Record it more fully appeareth And the said R. saith that afterwards the said W.G. in Damage Costs and charges aforesaid was convicted and after Judgement was thereupon given hitherto the said W.G. the Damage Cost and Charges unto the said R. hath not paid
manner whatsoever And whereas also all and singular Pleas of whatsoever trespasses speeches and publishing of scandalous English words whatsoever touching and concerning the Banckruptery or insufficiency or poverty of any person being a Merchant at the time of the speaking or publishing of the same scandalous English words and all other such Pleas and matters onely are not of the Test or Jurisdiction but doe specially appertein and belong to their now Queen and her Regall Crown and by the Lawes of the Land of this Kingdome of the said Queen of England they ought not in any manner whatsoever to be tryed ended and discussed before the Admirall or by the Admirall or by his Deputy and from the time of mans memory they ought and were accustomed to be tryed c. by the Lawes of the Land Notwithstanding which one John Raynes Merchant of the City of London not being ignorant of the Premisses cunningly devising and intending the same J. Osborn against the due form of the Law of this Kingdom of England unduly to grieve oppress and weary out and the said now Queen and her Regall Crown to dis-inherit and also the Cognizance of a Plea which to the same Queen and her Regall Crown in this behalf and not to the Court of Admiralty doth belong to another Tryall in the Court of Admiralty to draw him the said J. O. in the Court of Admiralty before the Worshipfull and excellent man The stile of the Judge in the Court Admirall Mr. David Lewis Doctor of Lawes chief President of the Court of Admiralty or his lawfull Deputy or other competent Judge in this behalf whatsoever of and for the protestation of the insufficiencie and disabling of the said John Raynes Merchant being as before is spoken of and of and for the speaking publishing and affirming of the English words following that is to say c. as by the Libell of him the said J.R. against him the said Jo. Osborn exhibited and here profered to the Court more plainly it may and doth appear where in truth the speaking publishing and affirming of the said scandalous words and the aforesaid protestation by the said J. O. before supposed to be done in the said Libell specified if any or which like speech divulging affirming or Protestation were had and done at Guilford in the County of Surrey and not upon the main Sea nor within the Maritine Jurisdiction And the said J.R. the same J. O. in the said Court of the said Admiralty to condemn and the said J. R. of and in the Premisses to answer with all his Forces as yet endevoureth and from day to day cunningly deviseth And although the said John Osborn all and singular the Premisses in the Court of the said Admiralty before the aforesaid Judge of the Court of that Admiralty for his discharge in the Premisses had often pleaded alleged and brought inevitable testimony to prove Notwithstanding which the Judge of the Court of that Admiralty altogether refused to admit that Plea and allegation in contempt of the said now Queen and to the manifest damage prejudice impoverishment and grief of him the said John O. And this the said J.O. is ready to prove whereupon the said John here most humbly imploring the gracious Ayd of the Court of the said Queen prayeth remedy and the Writ of Prohibition of the said Queen to be directed to the Judge of the Court of that Admiralty to prohibit him that he in no wise should any further hold the aforesaid Plea of the Premisses in any manner whatsoever depending before him c. And it is granted unto him c. ACTIONS OF REPLEVIN REPLEVIN ss AND the said R. R. by T.S. his Attorney cometh and defendeth the force and Injury when Defendant justifies the taking of the Cattell for Rent behinds c. And doth well avouch the taking of the said Cattell in the said place in which c. And justly c. because he saith that the said place in which c. is and from the time of the said taking and before was one acre of Land in R. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said R. was seized in his Demesn as of Fee of one Messuage one Garden ten acres and half an acre of land and two acres of Wood with th' appurtenances in R. aforesaid whereof the said place in which c. is And at the said time in which c. was parcell And so being thereof seized that same Messuage Garden land and Wood with th'appurtennaces long before the time of the taking aforesaid that is to say at the Feast of St. Andrew the Apostle in the year of the Reign of the Lord Edward late King of England the fourth after the Conquest brother of the Lord the now King 22. at R. aforesaid Demised unto the foresaid I.A. To have to him from the same Feast as long as it should please him the said R. yielding therefore yearly unto the said R. as long as the said J. should have and occupy the said Messuage Garden Land and Wood 21. shillings at the Feast of Pentecost and Andrew the Apostle by equall portions yearly to be paid by virtue of which Demise the said I.A. the said Messuage Garden land and wood with th' appurtenances from the said Feast of St. Andrew the Apostle untill the Feast of Saint Andrew the Apostle next before the time of the taking aforesaid had and occupied And for that that 21. shillings of the said Lease by the said time unto him the said R. at the time of the said computation remained in arrear and as yet remaineth unpaid doth well avouch the taking of the sayd Cattell in the said place in which c. and justly c. And this he is ready to prove whereupon he prayeth Judgement and the return of the said Cattell to be adjudged unto him c. Plaintif saith that before the Defendant had any thing one N. was seized of the Premisses and afterward the said Land descended to the Wife of the Plaintif as Heir of N. by which the Plaintif claimed the Tenements in hereditarie right and that the Defendant had nothing in the Tenements unlesse by Intrusion Claim ss ANd the said J. A. saith that the said R. the taking of the said Cattell in the foresaid place in which c. by any matter before alleged that he ought not to avouch the same to be just because he saith that long before the time of the said Caption and long before the said R. had any thing in the said Messuage Garden land and Wood with th' appurtenances one N. A. was thereof seized in his Demesn as of Fee and dyed of such his estate thereof seized after whose death the right of the aforesaid Tenements with th'appurtenaces descended unto one T. A his Son and Heir of him the said N. and the said R. after the death of the said N. into
was seized by the hands of the said I. as by the hands of his True Tenant And because aswell the said Rent unto the said T. was not paid as the said other Services were undone by two years next before the day of the said taking the said T. doth well avow the taking of the said Cattell in the said place in which c. as in parcell of the said Tenements of him the said T. in form aforesaid held Acknowledgeth the Avowment by the Plaintif Judgement that the Defendant shall have the retorn of the Cattell irreplegiable Defendant without day Plaintif in mercy Defendant avoweth the taking of the Cattell doing damage and the Plaintif prayeth that the Defendant may secure the deliverance unto him for that the same Defendant claymed no property in them And the Defendant find Pledges c. and within his Fee c. And the said I. saith that he cannot deny but that he holdeth of the said T. as of the said Mannor the said Tenements with th' appurtenances by the Services aforesaid Neither but that aswell the said Rent as those Services unto the said T. by the time aforesaid remained behind in the form which the said T. P. by his said Avowment hath supposed Therefore it is considered that the said T. shall got thereupon without day and that the said I shall take nothing by his said Writ but that he be in mercy for his false Clamour And that the said T. shall have the retorn of the said Cattell irreplegiable for ever ss AND the said M. by R.T. his Attorney commeth and defendeth the force and Injury when c. And doth well avow the taking of the said Cows in the said place in which c. and justly c. because he saith that he is seized and at the time of the said taking was seized in one Messuage and twelve acres of Meadow with th' appurtenances in the said Town of G. whereof the place in which c. the said Cows were taken is parcell in his Demesn as of Fee And for that he at the time of the said taking found the said Cows doing Damage in the said place in which c. the said M. those Cows in his ground and freehold so doing dammage took as to him it was lawfull And this he is ready to prove whereupon he prayeth judgement and the return of the said Cattel c. And upon this the said R. saith that the said M. as yet remaineth possessed of the said Cowes whereupon from which the aid M. hath claimed no property in the same Cowes desireth that the same M. may secure the delivery of the said Cowes unto the said R. and he findeth pledges of that delivery to be made that is to say R.T. of c. and W.S. of c. Therefore the said R. may have the delivery thereof c. And the said R. saith that he by any matter before alleged from his said action had ought not to be precluded Plaintif sayth that he was seized of one Messuage c. and that the same Plaintif and all those whose estate had used to have common c. in a certain Moor c. in which c. And so justifies using the common c. because he saith that he the day before the time in which it is supposed the said Cowes were taken and at the same time was seized of one Messuage and twelve acres of Meadow with th' appurtenances in G. and that the said R. and all his Ancestors and all those whose estate the said R. now hath had common of pasture in a certain Moor of the said M. called H. by the whole year and in six acres of Meadow with th' appurtenances in G. whereof the said place in which it is supposed the said Cowes were taken that is to say in the said Moor by all the year in the said Meadow after the grasse was cut and the Hay thereof coming made and carried away with all his Cattle depasturing and so faith that he for using his said common in the said place called H. put the said Cowes in the said Moor As it was lawfull for him to doe And this c. whereupon c. And the said M. saith that the said Moor and Meadow Defendant saith that the said Moor is his freehold without this that the Plaintif and all his ancestors c. used to have common c. Without this of him the said M. are the ground and freehold of the same M. and at the time of the said taking were without this that the said R. and all his Ancestors and all those whose estate the said R. now hath in the same twelve acres of Meadow had common of pasture in the said Moor and Meadow as the said R.G. before hath alleged And this c. whereupon c. as before prayeth judgment c. And the said R. saith that he and all his Ancestors whose estate the said R. now hath in the said Messuage and twelve acres of Meadow had common of pasture in the said Moor and Meadow as the said R. before hath alleged and this he prayeth that it may be enquired of c. ss AND the said R.A. by R.C. his Attorney cometh and defendeth the force and injury when Defendant allegeth that the Plaintif held of him by Homage fealty and three shillings rent and sute of Court and to render a Herriot at death or alienation of every tenant and that the Plaintif did not doe sute of court and so avoweth the taking c. c. and doth well avow the taking of the said Cattel in the said place in which c. and justly c. because he saith that the said T. Harrington at the time of the said taking supposed to be done and long before he was seized of one Mesuage and one Virge of Land with th' appurtenances in B. aforesaid whereof the said place in which c. is and at the said time of the said taking supposed to be done was parcell in his Demesn as of Fee and so seized the same held of the aforesaid R. A. as of his Mannor of B. in C. aforesaid by Homage fealty and three shillings Rent unto the said R.A. at the feasts of St. Michael the Archangell and the Annunciation of the blessed Virgin Mary by equall portions yearly to be paid by the Service to doe sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held And also by the service to render aswell after the death of every Tenant of the said Messuage and of one Virge of land Seised of services with th' appurtenances dying seised As after every alienation thereof made or to be made the best living thing which was of him the said Tenant by the name of Herriot Of which services the said R.A. was seized by the hands of the said T. H. as by the hands of his true Tenant that is to say of
at Westminster before T. Frâ—wick and his fellows then Justices of him the Lord the King and other faithfull people of the said late King then there present a certain Fine was levyed of the said Mannor with th' appurtenances amongst other Tenements and Rents by the name of the Mannor of D. with th' appurtenances and of one Messuage CCC acres of land twelve acres of Meadow twenty acres of Pasture and five pounds Rent and the rent of 20. Cocks 100. Capons 160. Sheep with th' appurtenances in D. in the County of K. between William Frost then Plaintif and the said I. and A. by the names of I. Batiller and A. his Wife then agreeing whereupon the Plea of Concord was summoned between them in the same Court that is to say that the said I. and A. doe recognize the said Mannor with th' appurtenances to be the right of him the said W. as that that the said W. then had of the Gift of the said I. and A. And the same Remized and quit claymer of them the said I. and A. and the Heirs of her the said A. unto the said W. and his Heirs for ever And afterwards they the said I. and A. granted for themselves State in the tayl made by Fine and the Heirs of her the said A. that they should Warrant unto the said W. and his Heirs the said Mannor with th' appurtenances against all men for ever And for that Recognizance Remise quit claymed Warrant Fine and Concord the said VV. granted unto the said I. and A. the said Mannor with th' appurtenances and that unto them rendred in the same Court to have and to hold unto the said I. and A. and the Heirs of the body of them the said I. and A. begotten of the chief Lords of that Fee by the Services which to the said Mannor appertaineth for ever And if it should happen that they the said I. and A. should dye without Heir of their bodyes begotten then after the Deceases of them the said I. and A. the said Mannor with th' appurtenances should wholly remain to the Heirs of her the said A. of her body begotten to be held of the chief Lords of that Fee by the Services which to the said Mannor doe appertein for ever And if no Heir of the body of her the said A. should be begotten then the said Mannor with th' appurtenances should wholly remain to the right Heirs of the said I. B. to be held of the chief Lords of that Fee by the Services which to the said Mannor apperteineth for ever as in the said Fine is more fully conteyned And afterwards the said Prioress of the said ten acres of land being seized at C. in the County aforesaid Attornment of the Tenant unto the Lord. to the said I. and A. retorned her self by pretence of which Fine they the said I. and A. afterwards and before the said time in which c. into the Mannor with th' appurtenances entred and thereof at the said time in which c. were and as yet doe remain seized in their Demesn as of Fee-tayl And because the Rent aforesaid for eight years after the levying of the said Fine and before the said taking supposed to be done that is to say for eight years next before the Feast of St. Michael th'Arch-Angell in the fifth year of the Reign of the now King at the said time in which c. ended was in arrear unto the said I. and A. and as yet remaineth unpaid the said I. in his own right and in the right of the said A. doth well avow and the said H. as Bayliff of him the said I. doth well acknowledge the taking of the said Beasts and Chattels in the said place in which c. and justly c. that is to say for 14. shillings Rent aforesaid and of and for the six first years of the said eight years being behind and unpaid and upon the said Prioress as upon the true Tenant of them the said I. and A. in form aforesaid in the said place in which c. and within their Fee c. And this they are ready to prove whereupon they pray Judgement and the retorn of the said Beasts and Chattels to be adjudged unto them c. And the said Prioress saith The Plaintif saith that the Defendant never was seized of the Rent and Services in barre specified c. after the first going over of the Lord H. King Son of the King in Valton that she by any matter by the said J. and H. before alleged the said J. the taking of the said Beasts and Chattells in the said place in which c. to avow just nor the said H. the same taking in the same place in which c. to acknowledge just they ought not because portesting that there hath not been nor from the time of the said taking had there been any such Mannor called D. within the said County of K. protesting also that she hath not Attorned unto the said I. and A. as the said I. and H. have alleged protesting also that the said place in which c. is and at the said time in which c. was without the Fee of the Lordship of them the said I. and A. for Plea saith that the said I. and A. never were seized of the Rents and Services aforesaid or of any parcell thereof in manner and form which the said I. and H. before alleged after the first going over of the Lord King Henry into Vaston as by the said Avowment and Acknowledgement before supposed And this they are ready to prove whereupon from which the said I. and H. the taking of the Beasts and Chattells above acknowledging prayeth Judgement and her Damages by occasion of the taking and unjust detension of the said Beasts and Chattells to be adjudged unto her c. And they the said I. and H. say that they the said I. and A. were seized of the said Rent and Services by the hands of their true Tenant thereof in what manner and form they the said I. and H. before have alleged Issue of Scizin of Rent And of this they put themselves upon the Country And the said Prioress likewise c. Therefore c. Defendant prayeth Judgment of the Plaint retorned by the Sheriff upon a Recordare and saith that it is insufficient for that the Sirname of the Defendant was not put in the Plaint therefore that he may have the retorn of the Cattell c. ss AND the said I. C. in his person commeth and defendeth the force and Injurie when c. and prayeth hearing of the Plaint of the taking and deteyning of the said Cattell before the Sheriff of the said County made and here in Court at this day that is to say on the morrow of All Souls by virtue of a Writ of the said Lord the King of Recordare retorned and it is read to him in these words ss I. B. complaineth of the
I.G. and W. by I.B. their Attorney commeth and defendeth the force and injury when c. and as to the taking and deteyning of the said five Cart-â—oad of Wheat in Sheaves ten Cart-load of Barley in Sheaves ten Cart-load of Oats in Sheaves and eight Cart-load of Hay they the said R.S. I.N. Y. I. G. and VV. prayeth Judgement of the Writ c. because they say that the property of those Chattel's at the time of the said taking supposed to be done was unto R. S. of I. c. and T. H. by which they the said R. the now Defendant I.N. Y. I.G. and W.V. Servants of him the said R. S. of L. c. and T. H. and by their Command at the said time in which took and deteyned the Chattels and the same as yet they detein as unto them it is lawfull And this they are ready to approve whereupon as to the taking and detension of those Chattels they pray Iudgement of that Writ c. And as to the taking of the said Cattell they the said R. S. the now Defendant I. N. Y. I. G. and W. as Bailiffs of the said R. S. of L. and T. doe well acknowledge the taking of those Cattell in the said place As to the taking of the Cattell the Defendants justifie as servants of another doing damage in which c. and justly c. because they say that the said in which c. is supposed the taking of those Cattell to be done is and at the said time in which c. was the ground and Free-hold of the said R. S. of L. and T.H. And that those Cattell at the same time were in the same place eating the grass there then growing and Damage there doing by which they the said R. S. the now Defendant I. N. Y. I. G. and VV. as Bailiffs of the said R. S. of L. and T. at the said time in which c. took and deteyned those Cattell and the said Ewe-sheep as yet they detein as to them it was lawfull and this they are ready to prove whereupon they pray Judgement if the said I. his Action thereupon against them ought to have c. And the said R. S. of L. and T. pray retorn of the Oxen Steers Cows Calf Heifers and the said Living goods to 〈◊〉 adjudged unto them The Plaintif prayeth that the Defendant may secure unto him of some of the Cattell for that he hath not claimed any property Defendant as to parcell saith that he put them in an open Pound and in default of the Plaintif with hunger they perished to find pledges of deliverance for the residue And upon this the said I. N. saith that the said R. S. the now Defendant I. N. Y. I. G. and VV. of the said Ewe-Sheep whereof out of which they the said R. S. the now Defendant I. N. Y. I. G. and VV. have claymed no property in the same Ewe-sheep prayeth that they the said R. S. the now Defendant I.N.Y.I.G. and VV. may put in Security here in Court unto the said I. N. for the Delivery of the same Ewe-sheep Upon which they the said J.S. the now Defendant J. N. Y. J. G. and VV. as to the Security and Delivery of two Ewe-sheep of the said three Ewes say that the Delivery thereof unto the said I.N. they ought not to secure because they say that immediatly after that they the said Cattell in form aforesaid took those Cattell they put in a certain open Pound at C. in the County aforesaid and afterwards the said two Ewe-sheep with hunger and for want of Sustenance in default of him the said I. M. there perished And this they are ready to prove whereupon they pray Judgement if they ought to secure the Deliverance of those two Sheep unto the said I. N. c. which said matter to the securing of the Deliverance of those two Sheep the said I. N doth not gainsay and as to the Deliverance of that one Ewe-sheep as is before said deteyned they the said R.S. the now Defendant I. N. Y. I. G. and W. they have found pledges of the Deliverance thereof to be made unto the said I. N. namely I. Hercum and J. Beuning Plaintif saith that the property of the Chattels was his and not anothers as to the residue pleads a certain Demise unto him made by virtue of which he entred and was thereof possessed until another disseised him and after that the Plaintif put Cattell in the place in which c. And that the Defendant took the same Def. pleads a Demise at will c. therefore the said I. N. may have the Deliverance thereof c. ss AND the said I. N. saith that his said Writ as to the taking and Detension of the said Chattels for the reason before alleged ought not to be made void because he saith that the property of those Chattels at the said time in which c. was unto the said I. N. and not unto the said R. S. of L. and T. as the said R. S. the now Defendant and the others above have alleged and this he prayeth may be inquired of by the Countrey and the said R. S. the now Defendant and others likewise c. And as to the taking of the said Cattell the said I. N saith that the said R.S. the now Defendant and the others the taking of those Cattell ought not acknowledge just because he faith that the said place called W. in which c. is and at the time of the said taking was three closes conteining Ten acres of Land and eight acres of Pasture in L. aforesaid whereof the said W. H. long before the said time was seized in his Demesn as of Fee and so thereof seized before that time in which c. that is to say the Tenth day of January in the Tenth year of the Reign of the said now King at G. in the County aforesaid those Closes with th' appurtenances amongst other Lands Tenements in G. aforesaid demised unto the said I.N. to have and occupy unto the said I. N. from the same Tenth day of January from thence next following and so from year to year at the will of him the said W. H. paying therefore yearly unto the said W. H. as long as the said I. N. those Closes and also the said Lands and Tenements by reason of that Demise should have and occupy 26. shillings 8. pence to be paid at the Feast of St. Michael th'Arch-Angell by virtue of which Demise the said I. N. of the said Closes together with those Lands and Tenements was possessed untill they the said R. S. of L. and T. H. the aforesaid W. H. of those Closes before the said time in which c. Disseised and from those Closes of him the said I. N. expelled and amoved by which they the said R. S. of L. and T. were seized in those Tenements with th' appurtenances in their Demesn as of Fee by Disseisin And after that the said
pence of the said Tenements unto the said T. W. his heirs and Assignes for ever at the feasts of th' Annuntiation of the blessed Mary c. and of St. Michael th'Arch-Angel to be paid by equall Portions and the said I. M. by his said writing willed and granted that if the said annuall Rent should happen to be behind in part or in all unpaid beyond any Term of the payment thereof before limitted that then it should be lawful unto the said T. W. his heirs and Assignes in all the said Tenement land Meadow feedings pasture and Woods and every parcell of them to enter and distrain and the distresses so taken thereupon to lead drive carry away and retain the same untill of all the said annuall Rent which then should be behind together with the damages and Expences had and incurred by occasion of the Not-payment of the said Rent unto the said T. W. his heirs or Assignes should be fully paid and satisfied by vertue of which said Grant of the said I. M. twenty six shillings and eight pence unto the said T.W. in his life that is to say Payment of a Rent charge alleged by which the Defendant was thereof seized at the feast of St. Michael th'Arch-Angel in the year of the said Lord Henry late King of England the seventh eighteenth at H. aforesaid did pay by which the said T.W. was of that Rent seized in his Demesn as of Fee and so thereof being seized the said T. long before the taking aforesaid supposed to be done that is to say the twelvth day of August in the third year of the Reign of the said now King at Feversham in the County aforesaid dyed thereof seized after whose death the said Rent with th' appurtenances descended unto the said T. as Son and heir of the said T. and because Eightteen pound thirteen shillings and four pence of the said Rent for seven years ended at the feast of St. Michael the Arch-Angel next after the death of the said T. W. and next after the said taking supposed to be done unto the said T. were behind and as yet remaineth unpaid the said V. for five pound six shillings and eight pence of that Rent unto the said T. for the two first years of the said seven years next before the death of the said T. due as bailiff of the said T. doth well acknowledg the taking of the said Cattel in the said place in which c. as parcell of the said Tenements unto the distress of the said T. in form aforesaid charged And justly c. And this he is ready to prove c. whereupon he prayeth judgement and the return of the said Cattel to be adjudged unto him c. And the said S. M. saith Plaintif saith that the Grantor did not grant the annuall rent in barr specified Protestation that the said V. by any matter in his said acknowledgment before alleged the taking of the said Cattel in the said place in which c. ought not to acknowledg just because protesting that the said I. M. hath nothing in the said Tenements at the time of the Grant of the said Rent supposed to be done for Plea saith that the said I. M. by his said Writing gave and granted unto the said T. W. the said annuall Rent of the said fifty three shillings and four pence going forth of the said Tenements in manner and form as the said V. in her said acknowledgement before hath alleged And this he is ready to prove c. Whereupon from which the said V. the taking of the said Cattel before acknowledging prayeth judgement and his dammages by reason of the taking and detension of the said Cattel to be adjudged unto him c. And the said V. saith that the said I. M. by his said writting gave and granted unto the said T. V. the said annuall Rent of fifty three shillings and four pence going forth of the said Tenements in manner and form as the said V. before hath alleged and this she prayeth that it may be inquired of c. Cambridge Defendant justifies the taking of the hurdles for that that he was seized of the Mannor of C. and had accustomed to have folding within the Precinct of the same and that if any other any fold there should levy then it should be lawfull unto the Lord of the same Mannor the same fold to cast down flat and those hurdels to distrain and to keep untill c. And saith that the Plaintif hath levyed a fold within the precinct of the said Mannor c. Mich 33. H. 8. roll 100. ss AND the said T. Braken by I.W. his Attorney cometh and defendeth the force and injury when c. All taking and whatsoever c. And doth well avow the taking of the said thirty six Folding Hurdels in the said two Ridges of Land and justly c. Because he saith that one T.D. Master or Keeper of the Kings Hall or College within the University of Cambridge vulgarly called the Kings Hall and the Fellowes of the same Hall or College were seized of the said two Ridges of Land in their Demesn as of Fee in the right of their said College and that the said T. likewise seized in his Demesn of and in the Mannor of Chesterton in the said County and the said T.B. and all those whose estate he hath of and in that Mannor with th' appurtenances they had and were accustomed to have free folding in and through the Precinct of the Town of Chesterton aforesaid and further the said T. B. saith that if any one any other folding within the precinct of the said Town of Chesterton without leave of the Lord of the Mannor of C. aforesaid for the time being did levy that then the Lord of the Mannor of C. aforesaid who for the time should be that folding by all the said time at his will hath accustomed to cast down flat and also those Hurdels of such folding so erected by the whole time aforesaid to distrain and at his will under safe custody likewise accustomed to put as long as and untill such those Hurdels in due manner out of his possession should be sued forth and because the said T. G. before the said time in which c. a certain fold in and upon the said two Ridges of Land in C. aforesaid by the command of the said Master and Fellowes of the said Hall or College without the leave of him the said T. H. with the said thirty six folding Hurdles did set up and levyed the said T. B. those thirty six folding Hurdles took and the same under safe Custody put as to him it was lawfull which is the same taking and detaining of the said thirty six folding Hurdles whereof the said T.G. before himself now Complaineth Enquire And this he is ready to prove whereupon he prayeth judgment and the return of those thirty six folding Hurdles and also dammage according to the form of the
Statute in such case made and provided to be adjudged unto him c. Plaintif saith that the Master and Fellowes of the Kings Hall in Cambridge of the Mannor of Rectory of Chesterton And the said T.G. saith that the said T.B. by any matter before alleged the taking of the said thirty six folding Hurdles in the said place in which c. ought not to avow just because he saith that the Master or keeper of the said Hall or College and the Felowes c. at the said time in which c. were seized of the Mannor of the Rectory of Chesterton aforesaid whereof the said two Ridges of Land are and at the said time in which c. were parcell and the said Master or Keeper of the said Hall or College and the Fellowes Whereof c. They the said Master and Fellowes accustomed to have for themselves and their farmors free folding in the whole precinct of the Town of C. without this that the Defendant c. Without this c. and all those whose estate they had in the Mannor of the said Rectory had and were accustomed to have for themselves their Tenants and Farmers free folding in and through the whole Precinct of the Town of C. aforesaid by reason of his said Mannor without any Contradiction or leave of any to hinder By which the said T. G. as Farmer of the said Master and Fellowes of the said College or Hall set up the said fold as unto him it was lawfull Without this that the said T. B. and all those whose estate he hath of and in the Mannor of C. had and were accustomed to have any free fold in and through all the precinct of the Town of C. aforesaid as the said T. B. by his said avowment before hath acknowledged prayeth judgment and his dammages by reason of the taking of those thirty six folding Hurdles to be adjudged unto him And the said T. B. as formerly saith that they and all those whose estate he hath in the said Mannor of C. aforesaid had and were accustomed to have free folding in and through the whole Precinct of the Town of C. aforesaid as he by his said avowment before hath alledged And of this he putteth himself upon the Countrey c. ss PEter Marton was attached to answer N.C. of a Plea wherefore he took the goods and Chattels of him the said N. and the same unjustly detained against the Sureties and pledges c. And the said P. by W.W. his Attorney cometh and defendeth the force and wrong when Defendant as Major of a Burrough Town justifies the taking of the skins for Toll denied Burrough Town c. And doth well avow the taking of the said Oxe skins in the said place in which c. and justly c. Because he saith that the said Town of Helliston is and from the time of which the Memory c. was an ancient Town corporate of Major Bailiffs and Burgesses of the Town of H. within which said Town they the said Major Bailiffs and Burgesses and all their Predecessors Majors Bailiffs and Burgesses of that Town for the time being from the time of which contrary the Memory of men doth not c. had and from all the said time used to have a certain market in every Saturday in the year in which said Market they the said Majors Bailiffs and Burgesses they took and accustomed to take a certain Toll of all and all manner Oxen and Cowes skins of whatsoever person or persons of the same Toll not lawfully discharged or otherwise with the same Majors Bailiffs and Burgesses concerning the same Toll agreed and accorded within the Precinct of the said Town that is to say of every Buyer of Beef Skins in the said Market so sold unto any person or persons foreiners One half-pennie and if any refuse to pay that Toll then the said Major Bailiffs and Burgesses and all their Predecessors Majors Bailiffs and Burgesses of the said Town for the time being from the time of which contrary c. used and accustomed by themselves their officers or Servants within that Town or within the Precinct of the same Town to take and keep such Oxen and Cowes skins so in the said Market being sold untill the said Toll thereof be paid and the said P. saith that the said N. before the said time in which c. at H. aforesaid within the Precinct of the said Town that is to say in the Market place there he bought the said two Oxe skins in the Market day of the same Town upon which the said P. the then Major of the said Town at the said Town in which c. at H. aforesaid demanded of the aforesaid N. one penny unto the said P. the then Major of the said Town and to the Bailiffs and Burgesses of the same Town due for Toll for the said two Oxes skins at the same time in the said place in which c. being which said pennie and every parcell thereof the said N. unto the said P. to the use of the said P. at that time Major of the said Town Bailiffs and Burgesses then and there refused to pay by which the said P. then Major of the said Town the said two Beef skins of the said goods and Chattels of the said N. then and there being for the same penny in form aforesaid denied at H. aforesaid in the said place in which c. in the same time doth well avow the taking of the said two skins for the said Toll in form aforesaid denied and refused And this he is ready to prove whereupon he prayeth judgment and return of those two skins to be adjudged unto him c. Plaintif saith that he is Burgesse of the Burrough of Bodmin and that by reason thereof he is discharged of all Tolls within the Town of H. in barr specified And the said N. C. saith that the said P. by any matter before alleged the said taking of the said two skins in the said place in which c. ought not to avow just because he saith that he the said N. at the time of the taking of the said skins and long before that was a free Burgesse of the Burrough of the Lord the King at Bodmyn in the said County And that the said Burrough of Bodmyn is and from the time of which contrary the Memory of men doth not remain was an ancient Burrough of a Major Bailiffes and Burgesses of that Burrough within which said Burrough all the Burgesses of that Burrough and their Predecessors Burgesses of the same Burrough from the time of which contrary c. were and from all the time aforesaid were used to be discharged freely and quietly from all Tallages and Tolls aswell within the said Town of Helliston as in and through all C. aforesaid and that they may freely buy and fell all and singular Marchandize things and Wares aswell within the said Town of H. or otherwhere without Toll
the said T. late Prior and all his Predecessors heretofore Priors of the said Church from the time of which c. in the Right of that Church distreined and used to distrein for the said Rent and the Arrerages of the same in the said twenty acres of Land with th' appurtenances and in every parcell thereof when that Rent or any parcell thereof unto the Prior of the said Church for the time being by any Feast in which as is premised ought to be paid should happen to be behind unpaid and the Distresses so taken to lead chase carry away and wholly to retein them untill that Rent and the Arrerages of the same unto the Prior of the said Church for the time being should be fully satisfied and paid which said T. the late Prior afterward dyed The death of one of the Priors the Choosing of another after whose death the said now Prior was elected and made Prior of the said Church And because the said Rent at the time of the said taking supposed to be done was behind for two years next before the day of the said taking done unto the said now Prior unpaid the said R.B. as Bailiff of the said now Prior for thirteen shillings four pence of that Rent of those two years so being behind doth well acknowledge the taking of the said Cattell and Chattels in the said place in which c. And justly c. as in parcell of the said twenty acres with th' appurtenances unto the Distresse of him the said Prior of that Rent in form aforesaid charged And justly c. And this he is ready to prove c. whereupon he prayeth Judgement and the Retorn of the said Cattell and Chattells to be adjudged unto him c. ACTIONS OF TRESPASS upon the CASE TRESPAS UPON THE CASE Declaration for scandall of a Tytle ss R Stevens otherwise Walker complaineth of Thomas Gittens in the Custody of the Marshall c. for that namely that whereas the eighth day of October in the eleventh year of the Reign of the said Lady the now Queen one I. E. was seized in his Demesn as of Fee of and in one Messuage a hundred acres of Land fourty acres of Meadow two hundred acres of Pasture and twenty acres of Wood with th' appurtenances in H. in the said County and so being thereof seized the same I. afterwards that is to say the 22. day of October in the sayd eleventh year infeoffed the said R. of the said Messuage and the rest of the Premisses with th' appurtenances to have to the said R. to him and his Assigns for ever by virtue of which the said R. into the said Messuage and the rest of the Premisses with th' appurtenances entred and was and yet is thereof seized in his Demesn as of Fee which said Messuage and the rest of the Premisses with th' appurtenances being desirous to sell to pay divers sums of money unto divers persons unto whom he was indebted the said Messuage and the rest of the Premisses with th' appurtenances unto one G. P. and divers other subjects of the Lady the now Queen after the said 22. day of October in the eleventh sent aforesaid and before the 20. day of March in the twenty third year of the Reign of the said Lady the now Queen for one hundred pounds of lawfull money of England could have bargained and aliened the said Thomas well knowing of the Premisses craftily and deceiptfully imagining and intending the said R. of the Sale of the said Messuage and the rest of the Premisses with th' appurtenances for a good value of the same maliciously to hinder and the right and Title of the said R. of in the said R. and the rest of the Premisses unjustly and untruly to extenuate scandalize and to bring into obloquy Afterwards that is to say the 22. day of March in the twenty third year abovesaid at H. aforesaid in the said County by colour of a certein Deed indented by one W.E. unto the said T. of and in the Premisses made in the presence and hearing of divers Venerable and of other worthy people of Credit subjects of the now Lady the Queen then and there being and hearing did speak these false feigned and scandalous English words and plainly with a loud voice pronounced and published that is to say I himself the said T. B. meaning have better right to half the Lands meaning the half of the said Messuages and Tenements above specified than he the meaning the same R. now Plaintif hath Which said W. E. had no right to sell the said Messuage and the rest of the Premisses where in truth the said R. S. purchased the said Messuage and the rest of the Premisses with th' appurtenances of the said I. E. who at the time of that purchase had right to sell the said Messuage and the rest of the Premisses with th' appurtenances and where in truth the said T. E. nothing of right or lawfull claim of to or in the said Messuage and the rest of the Premisses with th' appurtenances then had or as yet hath or in any manner whatsoever was able or is able lawfully to sell or demand by pretence of which said speech publication and claim aforesaid the said R. at any time after the 20. day of March in the twenty third year above said the said Messuage and the rest of the Premisses Enquire whether these words are sufficient to maintain the said Action because the Defendant spoke the words in his proper right and tytle with th' appurtenances unto any person in no wise could bargain or sell by reason of which the said R. was not onely constreined to his great charges and costs to borrow of divers persons divers sums of money to be paid at the debt of him the said R. and also true it is the same R. for clearing of the said Title and Claym by the said T.G. in form aforesaid made and for the manifestation and proof of the right and title of him the said R. aforesaid of and in the said Messuage and the rest of the Premisses with th' appurtenances he took upon him and underwent divers grievous Labours of his body and hath divers wayes spent vast sums of money and also certain other great dutifull Affairs of him the said R. doe remain undone and neglected Whereupon the said I. saith that he is the worse and hath Damage to the value c. Justification of the speaking of the scandalous words by reason of a Feoffment ss AND the said T. E. by E. B. his Attorney cometh and defendeth the force and Injury when c. And saith that he ought not to maintain an Action because he saith that the said W. E. tenth day of August in the eleventh year of the Reign of the now Lady the Queen was seized in his Demesn as of Fee of and in the Moitie of the said Messuage and the rest of the Premisses with th' appurtenances in H. aforesaid
the Sea in his Voyage towards London aforesaid with the said Wine And further the said I. N. in fact saith that after the said lading of the said thirty two Pipes of Canary Wines of the said I. N. in the said Ship in form aforesaid done to be transported from the said Isle of Teneriff up to London aforesaid and after the said departing of the said Ship from the said Port of the Isle of Teneriff aforesaid in his said Voyage towards London aforesaid the same Ship bâ—ing laden with the said thirty two Pipe of Canary Wines of him the said I. N. in saying upon the main Sea from the Isle of Teneriff aforesaid towards London aforesaid that is to say the twenty eighth day of I in the fortieth year of the Reign of the said now Queen aforesaid by the boisterousness of Winds and great Tempests in the main 〈◊〉 was overwhelmed and there was cast away and the said thirty two Pipes of the Canary Wines of him the said I. there then and in the main Sea were altogether lost that the said I. N. afterwards that is to say the Tenth day of A. in the fortieth year aforesaid at London aforesaid in the Parish and c. gave Notice to the said 8. of the said losse Notwithstanding which the said E. his promise and Assumption aforesaid nothing regarding but imagining and fraudulently intending the said I. N. of the said twenty five pounds or any parcell thereof unto the said I. N. hath not as yet paid or in any manner for the same hath satisfied although afterwards that is to say such a day and year at L. aforesaid in the Parish and c. was required by the said I. to doe this whereupon the said I. faith that he is the worse and hath Damage to the value of ten pounds And thereupon he bringeth his Sute c. ss EDward Ayscoughe Esquire complaineth of Thomas Pelhum Esquire late Sheriff of the said County Surrey Declaration against a Sheriff for that he did not arrest one in exccution upon a Cap. utl after Judgement being in his presence Enquire if the Plaintif ought not declare who aswell for the Queen as for himself A Cap ' to satisfie to the Sheriff of London and that he was not to be found ret ' thereupon for that that the Originall Writ there had issued in the Custody of the Marshall c. for that that whereas the said E. formerly that is to say in the Term of St. Michael in the 28. and 29th years of the Reign of the now Queen before Edmond Anderson Knight and his fellows then Justices of the Queens Bench at Westminster in the County of Middlesex by Consideration of the same Court had recovered against one W. Howard late of c. sixty five pounds three shillings four pence which was adjudged unto the said E. in the Court of the said Queens Bench for his Damages which he had by occasion of a certain Trespas upon the Case unto him by the aforesaid W. done as it had been said whereupon he was convicted upon which said Judgement the said E. for the more speedy obtaining of the said Damages afterwards that is to say the nineteenth day of J. in the thirtieth year of the said now Queen shed forth out of the Court of the said Queens Bench a certain Writ of the same Queen to satisfie against the said W. directed to the then Sheriffs of London where his Originall Writ in the said Plea had formerly issued by which said Writ the said Queen had commanded them the said then Sheriffs of London that they should take the said W. if he should be found in their Bayliwick and him safely to keep so that they should have his body before the Justices of the said Queen at Westminster from the day of the holy Trinitie in fifteen dayes then next following to satisfie unto the said E. of the said 65. pound 3. shillings four pence which unto the said E. in the same Queens Court were adjudged for his said Damage whereof he was Convicted At which day before the said E. Anderson and his fellows then Justices of the said Queens Bench at Westminster aforesaid came the same Edward by his Attorney and T. Skinner and I. Catcher then Sheriffs of London sent to the then Justices of the said Queen at Westminster that the said W. was not found in their Bayliwick by which then and there a Command was to the same then Sheriffs of London Exigent to the Sheriffs of London that they should cause to be called the said W. from Husting to Husting until according to the Law and Custom of the Kingdom of the said Q. of England he should be Outlawed if he should not appear and if he should appear then they should take him and cause safely to be kept so that they should have his Body before the Justices of the said Queen at Westminst aforesaid on the Morrow of all Souls then next following to satisfie unto the said Edward of the said Damages At which day before the aforesaid Justices of the said Queen at Westminster came the said E. by his said Attorney Exigent retorned by the new Sheriffs which was executed by the Sheriffs of London their Predecessors and H. Offeley and R. Saltenstall then Sheriffs of London then and there retorned the said Writ unto them by the said T. Skinner and I. C. late Sheriffs of London their Predecessors in going out from their Office delivered unto them and in form following retorned and executed that is to say at the Husting of a Plea of the Land held in Guild-hall of the City of London on Monday next after the Feast of the Apostles of Peter and Paul in the thirtieth year abovesaid the said W. the first time was called and did not appear At the Husting of a Plea of the Land held in the Guild-hall of the said City on Monday next after the end of St. Mildred the Virgin in the thirtieth year abovesaid the said W. was the second time called and did not appear At the Husting of a Plea of the Land held in Guild-hall of the said City on Monday next after the end of St. James the Apostle in the thirtieth year abovesaid the said W. was the third time called and did not appear At the Husting c. held c. on Monday next afor the end of St. Faiths the Virgin in the year c. the said W. was the fourth time called and did not appear At the Husting c. held c. on Monday next after the end of St. Luke the Evangelist in the thirtieth year abovesaid the said W. was the fift time called and did not appear therefore he was Outlawed Outlawed Upon which the said E. afterwards that is to say in the Term of St. Hilary in the thirty second year of the Reign of the said now Queen he Sued forth out of the said Court of the Queens Bench aforesaid at Westminster aforesaid a certain Writ
were the customary Lands and parcell of the Mannor aforesaid and Demised and Demiseable by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being to whatsoever person or persons were willing to take the same in Fee-simple Fee-tayl for term of life or years or otherwise at the Will of the Lord according to the Custom of the said Mannor aforesaid and that he the said Plaintif of the Mannor aforesaid with th' appurtenances whereof c. so being seized before the said time of the foresaid Trespass done at his the said Court of the Plaintif of his said Mannor holden the said twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. at that time his Steward of his Mannor aforesaid granted the aforesaid Tenements with th' appurtenances unto the foresaid Defendant to have and to hold to the said Defendant and his Heirs by a Rod at the Will of the Lord according to the Custom of the said Mannor by vertue of which said Grant the said Defendant into the aforesaid Tenements with th' appurtenances entred and was thereof seized in his Demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleged And that the said Defendant being so thereof seized before the time of the said Trespass done that is to say the tenth day of November in the first and second year of the Reign of the now Lord the King and the now Lady the Queen made waste in the said Tenements with th' appurtenances in felling and cutting down one Oak of the age of Ten years and more and by Destroying the branches of the stem of the same Oak thereout growing with his Cattell under pretence of which the said Plaintif before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the second and third year abovesaid with force and arms c. the Close and House aforesaid at F. aforesaid brake and the aforesaid Oak to the value c. there lately growing cut down and carried away against the peace of the said now King and Queen as he above against him complaineth and this he is ready to prove whereof from which the said Defendant the said Trespass aforesaid above acknowledging the said Plaintif prayeth Judgement and his Damages by reason of that Trespass to be adjudged unto him c. Defendant pleads the Custome of the Mannor to give the customary Tenants liberty to cut down Trees growing upon their Tenements ss AND the said Defendant by Protestation not acknowledging any matters in the said Replication above to be true for Plea saith that within the Mannor aforesaid it hath from the time of which the memory of men is not to the contrary it had such a Custom that is to say that every Costomary Tenant of the Mannor aforesaid who held any Customary Tenements within that Mannor unto him and his heirs at the Will of the Lord of the Mannor by Copy of Court-Roll of that Mannor according to the Custome of the same Mannor could and might cut down whatsoever Trees and Wood growing in or upon the Customary Tenements without forfeiture of such Customary Tenements unto the Lord of that Mannor for the time being for such waste by which the said Defendant being seized of the Tenements aforesaid with th' appurtenances in which c. in his Demesn as of Fee at the will of the Lord of the said Mannor that Oak the said first day of October in the years of the Reign of the now King and Queen the second and third abovesaid then and there growing did cut down as to him it was lawfull and this he is ready to prove whereof as before he prayeth Judgement and that the said Plaintif from his action aforesaid against him the Defendant had may be precluded c. ss AND the said Plaintif as formerly he saith Plaintif maintains the Replication without this that there is such a Custom as the Defendant in his Rejoynder allegeth c. that he the said Plaintif is and at the time of the said Trespass done and long before was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and that the said Messuage and two acres of Land with th' appurtenances are and at the time in which c. and also from the time c. were Customary Lands and parcell of the said Mannor and Demiseable and demised by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being unto whatsoever person or persons is or are willing to take them in Fee-simple Fee-tayl for term of life or years or otherwise at the will of the Lord according to the Custom of the said Mannor And that the Plaintif of the said Mannor with th' appurtenances whereof c. before the said time of the said Trespass done that is to say at the said Court of him the Plaintif of his said Mannor holden the twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. then his Steward of his said Mannor granted the said Tenements with th' appurtenances unto the foresaid Defendant to have and to hold unto the said Defendant and his Heirs by a rod at the will of the Lord according to the Custom of the said Mannor by vertue of which said grant the said Defendant into the said Tenements with the appurtenances entred and was thereof seised in his demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleleged and that the said Defendant so being thereof seized before the said time of the said Trespass done that is to say the tenth day of November in the years 1. 2. abovesaid he made waste in the same Tenements with th' appurtenances that is to say in cutting and felling down one Oak of the age of ten years and more by destroying the branches of the stem of the same Oak thenceforth growing with his Cattell under pretence of which before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. he entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the years second and third abovesaid with force and arms c. the said Close and House at Foxley aforesaid did break and the Oak aforesaid to the value c. there lately growing
late King Father of the Lord the now King neither in the actuall or reall possession of the Lord the now King neither excepted in the foresaid Act of the said late King or by any Commission of the Lord the now King altered otherwise disposed neither changed by pretence of which said Act of the said Lord the now King the same Lord the now King from the said Feast of Easter in the said Act specified was of the Messuage aforesaid with th' appurtenances seized in his Demesn as of Fee and so being thereof seized the said Lord the now King afterwards and before the said time of the aforesaid Trespass done by his Letters Patents the Date whereof is at Westminster the twentie first day of May in the third year of his Reign gave and granred and by his the said Letters Patents confirmed unto one I.H. B.B. the foresaid Messuage with th'arpurtenances among other Lands and Tenements to have hold and enjoy unto them the said I. and B. their Heirs and Assigns for ever by vertue of which said Grant they the said I. and B. were of the said Messuage with th' appurtenances seized in their Demesn as of Fee and so thereof being seized they the said I. and B. afterward and before the said time of the foresaid Trespass done that is to say sixth day of May in the year of the Reign of the Lord now King third at London aforesaid in the Parish and Ward aforesaid they gave and granted the said Messuage with th' appurtenances unto the same R. H. To have hold and enjoy the aforesaid Messuage with th' appurtenances unto the said R. H. his Heirs Trespas granted by Letters Patents of the King and Assigns for ever by pretence of which said Gift and Grant the said R. H. long before the said time in which c. into the said Messuage with th' appurtenances entred and was thereof seized in his Demesn as of Fee untill the said I. the day and year abovesaid in the said Declaration above specified with force and arms c. into the said Messuage with th' appurtenances broke in manner and form as he above c. against him complaineth Without this Without that that the said R. C. Demised Granted and to Farm let unto the foresaid I. R. the said Messuage with th' appurtenances in manner and form as the said I. above in pleading hath alleged and this c. VVhereupon from which the said I. the said Trespass above done acknowledged prayeth Judgement and his Damage by that Trespass to be adjudged unto him c. And the said as I. before saith that the said Richard C. Demised Granted and to farm let unto the aforesaid I. R. the said Messuage with th' appurtenances in manner and form as she hath alleged and of this putteth her self upon the Countrey c. ss AND the said G. B. by W. W. his Attorney commeth and defendeth the force and Injury when Defendant justifies that the place is parcel of the M. of R. and that he as Servant of the Lord of the Mannor broke the Close and so justifies c. and as to the coming with force and arms c. and also the whole Trespass aforesaid above supposed to be done besides the breaking of the said Close saith that he is not guilty and as to the breaking of that Close the said G. saith that no Action c. because he saith that the said Close and also the place in which the said Trespass is supposed to be done are and at the said time of the said Trespass supposed to be done were two hundred and fifty acres of Heath and Furzes with th' appurtenances in W. aforesaid called Waldringfield Heath which said two hundred and fifty acres of Heath and Furzes lye between a certain way called the Procession way of Mertlesham dividing the said Furzes of W. Heath and certain Furzes called Marlad Heath in part and Land called Ringland late J. Kingbils in part of the Furzes called Brightwill Heath Abâ—ttals and Dapdalewey in part upon the South and Land called Colecroft in part and Land lying in the Town of Martlesham and the Heath in Martlesham and the Dâ—tch called Fexall Ditch of the North part and one head of the said Heath called Waldringfield Heath abutting upon the terre Tenements appertaining to the Mannor of Rivershall and Waldringfield against the east and other two hundred and fifty acres of Heath and Furzes are and at the said time in which c. were parcell of the Mannor of Rivershall in W. aforesaid Which said Mannor is and at the aforesaid time in which c. was the ground and Freehold of one I. and M. by which the Defendant as the Servant of them said I. and M. and by their Command the Close aforesaid as the proper Close and ground and freehold of them the said I. and M. did break as to him it was lawfull and this c. whereof c. Plaintif saith that the place c. is not parcell of the M. of R. but that one I. P. was seized and so seized Demised two hundred acres of oâ— Land parcell of the hundred and fifty acâ—es in bar specifies the Plaintif to hold unto the Plaintiff at the Will of the Lessor ss NOT to he precluded because he saith that the said Close and also the places in which the said Trespass whereupon the said R. himself above in manner Complaineth was done are and at the time of that Trespass were two hundred acres parcell of the said two hundred and fifty acres of Heath and Furzes in barre aforesaid before specified whereupon long before the said time of the foresaid time done one I. P. was seized in his Demesn as of Fee and the said I. so being thereof seized the said I. before the said time of the said Trespass done that is to say such a day and year at N. in the County aforesaid Demised the said two hundred acres of Heath and Furzes with th' appurtenances unto the said R.W. To have and to hold the said two hundred acres of Heath and Furzes with th' appurtenances unto the said R. at the will of her the said Jane by vertue of the same Demise the said R. into the said two hundred acres of Heath and Furzes with th' appurtenances before the foresaid time of the said Trespass done entred and was thereof possessed untill the said G. B. at the time of the said Trespass done the foresaid Close did break in manner and form as the said R. himself above Without this and in manner complaineth Without this that the said two hundred acres of Heath and Furzes are and at the time of the said Trespass done were parcell of the Mannor of Rivershall in manner and form as the said G. B. before in pleading hath alleged and this c. Whereupon from that the said G. the Trespass aforesaid before acknowledging the said R. prayeth Judgement and his Damages by reason of that
the same Tenements with th' appurtenances unto the said Defendant to have unto the said Defendant from the same Feast of Saint Michael to the end of the Term of four years from thence next following and fully to be Compleated By vertue of which said Demise the said John was of the said Tenements possessed And the said Plaintif claimed the said Tenements with th' appurtenances by Colour of a certain Deed of Demise unto him thereof made for Term of his life by the said Thomasine Colour before the said Demise unto the said Defendant in form aforesaid made where nothing of those Tenements with th' appurtenances in the possession of them the Plaintifs by that Deed ever passed into the said Tenements before the said time in which c. they entred upon which said possession of the Plaintifs thereupon the said Defendant into the said Tenements in which c. at the same time in which c. claiming his said Term re-entred and the said Close in the same Tenements in N. did break and the grass upon the same Tenements then growing with the said Cattell did eat up and tread down as to him it was lawfull And this c. Whereupon c. And they the said Plaintifs say Plaintif allegeth a certain Conveyance unto him by the said T. Chelyn made for and in consideration of a certain Marriage that they by any matter before alleged from his said Action against him the said Defendant had ought not to be precluded because they say because that long before the said Trespass done the said T. Chelyn was seized of the said thirty acres of Land in N. aforesaid and of the hundred and thirty acres of wood with th' appurtenances in D. and N. aforesaid called the Mannor of Sholand in his Demesn as of Fee and so thereof seized long before the said Trespass done that is to say the sixt day of July in the Third year of the Reign of the said now King at Lynsted in the said County between the said T. C. and one William Morgan the then Son and Heir apparent of the said Thomasine and A. Hett it was agreed and covenanted that the said W. Morgan should take to VVife and marry the said A. and the said A. should take to Husband the said W. Morgan and the same Thomasine for Matrimony between them to be solemnized then and there covenanted and granted unto the said W. M. and Alice that they from the day of Matrimony between them to be solemnized should have and hold unto them and their Assigns for Term of their and either of their life as long as they live the said Tenements in D. and N. aforesaid and that the same Thomasine and all and singular other persons which then were or then afterward should be seized of and in those Tenements should stand and be thereof seized immediatly after the Matrimony between the said W. M. and Alice solemnized to the use of them the said W. M. and Alice to the Term of their or either of their life so long as they live and after the death of them the said W. and A. to the use of the said T. C. and her heirs and that the same Thomasine should make or procure to be made all and singular the said Tenements to be secured unto the said W. M. and Alice according to the form of the said Concord and Agreement when she should be thereunto requested And the said Plaintifs say that after the said Concord and Agreement in form aforesaid made that is to say the twenty sixth day of the said Moneth of July in the third year aforesaid the said Alice at Hern in the said County of Kent took to Husband the said W.M. and he took to wife the said Alice that the Matrimony solemnized and celebrated between them was according to the form and effect of the said Concord and agreement by and after which said Matrimony solemnized and consummated the said Thomasine was of the said Tenements with th' appurtenances in her Demesn as of Fee seized to the use of the said W.M. and Alice for the Term of their and either of their life so long as they live and she so therof being seized the said VV. M. and A. according to the form of the said Concord and Agreement the issues and profits of the said Tenements by the Sufferance of the said Thomasine from the said 26. day of July in the third year abovesaid until the 15. day of July the said W. M. at Feversham in the said County of Kent dyed and the said Alice him survived by which the said Thomasine was of the said Tenements with th' appurtenances seized in her Demesn as of Fee to the use of the said Alice for the term of her life and she the said Thomasine so thereof to that use being seized the said Alice after the death of the said VV. M. and long before the said Trespass done into the said Tenements entred and those Tenements with th' appurtenances afterwards that is to say in the day of the Nativity of St. John the Baptist in the twelfth year aforesaid an Hern aforesaid the said Plaintifs demised To have to them and their Assigns from the same day untill the end and Term of three years from thence next following and fully to be compleat by vertue of which Demise the said Plaintifs were of the said Tenements with th' appurtenances possessed untill the said Defendant at the time of the said Trespass done the said Close did break and the said grass in that Close then growing with the said Cattell did eat up tread down and consume in manner and form as they the said Plaintifs by their said Bill before against him doe Complain All and singular which matters they the said Plaintifs are ready to prove whereupon from what the said Defendant the said Trespass in N. aforesaid before hath acknowledged pray Judgement and their said Damages by occasion of the said Trespass to be adjudged unto them c. And the said Defendant protesting that it was not consented Protestation agreedâ— and covenanted between the said Thomsine and the said W.M. and Alice that the said VV. M. should take to VVise the said A. H. protesting also that the said Thomasine for the Matrimony between the said W. M. and A. to be solemnized did not Covenant nor grant to and with the said W. M. and Alice that they from the day of Marriage to be solemnized between them they should have and hold to them and their Assigns for the Term of their and either of their life so long as they live the said Tenements nor that the same Thomasine and all and singular other persons which were or then afterwards should be seized of and in those Tenements should stand and be thereof seized after the Matrimony between them the said W. M. and A. solemnized to the use of them the said W.M. and A. for the Term of their and either of their life
so long as they live Protesting also that the said Alice did not Demise unto the said Plaintifs the said Tenements in manner and form as the said Plaintifs in their said Replication before have alleged for Plea as before saith that the said Thomasine was seized of the said Tenements with th' appurtenances in N. in her Demesn as of Fee And so seized demised the same Tenements with th' appurtenances unto the said Defendant To have to him from the Feast of St. Michael th'Archangell untill the end of the Term of four years from thence next following and fully to be Compleat By vertue of which Demise the said Defendant was of those Tenements possessed in manner and form as the said Defendant in barre before hath alleged Without this Without this that the said Thomasine at the time of the said Demise by the said Alice unto the said Plaintiffs of the said Tenements supposed to be done was seised of the said Tenements with the appurtenances to the use of the said Alice in manner and form as the said Plaintiffs before in pleading have alleged And this c. whereupon he prayeth Judgement and that the said Plaintiff from his said Action against him the said Defendant had may be precluded c. And the said Defendants say that the said Thomasine at the time of the said Demise by the said Alice unto the said Plaintiffs in form aforesaid made was seized of the said Tenements with the appurtenances to the use of the said Alice in manner and form as they the said Plaintiffs before in pleading have alleged And this they pray that it may be enquired of by the Country c. â—uff Declaration in Trespass wherfore they broke the Close against two Defendants who plead severally Parl. 32. H. 8. Rot. 111. One of the Defendants pleads that he is seised of certain Lands c. in Fee by reason of which hee ought to have Common in the place in which c. and that he put the Cattle c. for using the CoÌ„mon c. which is the same Common and so justifies ss R. B. late of Levistost in the said County Yeoman and W. H. late of L. c. were attached to answer unto Edward B. together with R. H. late of c. of a Plea wherefore with force and Arms the Close of him the said E. at G. they did break and his Grass to the value of 10. l. there late growing with certain Cattle they did eat up tread and consume And other Wrongs c. To the great Damage c. and against the Peace c. And the said R. B. and W.C. by R. B. their Attorney commeth and defendeth the force and wrong when c. And as to the comming with force and Arms c. Not guilty and as to the residue of the said Trespass before supposed to be done the said R. B. saith that the said E. no Action because he saith that the place in which the said Trespass is supposed to be done is and at the said time of that Trespass supposed to be done was a certain place called the Dens conteining in it self D. Acres of Land in G. aforesaid extending it self from the South from a certain place called G. in L. aforesaid unto a certain place called H. in G. aforesaid against the North-West and so extending from the foot of the Rock of the Cliff untill the Sea against the East and that he at the said time of the said Trespass supposed to be done and long before of 3. Messuâ—ges and 16. Acres of Land with the appurtenances in L. aforesaid was seised in his Demesn as of Fee And that he and all those whose estate he hath in the said 3. Messuages and 16. Acres of Land with the appurtenances from the time of which c. had were accustomed to have common of Pasture of and in the said places caâ—led the Dens within the said Bounds and Limits with all and all manner of his Cattle and living Creatures whatsoever at all time of the year by which the said R. B. at the said time of the said Trespass supposed to be done his said Cattle into the said Close in the said place called the D. in G. aforesaid within the said Bounds and Limits to the said Grass there then growing to feed in using his said Common by the time aforesaid did put as to him it was lawfull which things are the same breaking of the Close treading consuming and eating up of the said Grass whereof the said G. before himself doth now complain And this c. Whereupon he prayeth Judgement if an Action c. And the said W.C. saith that the said E. No Action The other Defendant saith that he likewise is seized of certain other Lands c. in Fee by reason of which he hath Common of pasture in the place in which c. and that he put in Cattle c. in using the Common c. which is the same Trespass c. and so justifies because he saith that the place in which the said Trespass supposed to be done is and at the said time of that Trespass before supposed to be done was the said place called the Dens and that he at the time of that Trespass before supposed to be done and long before was likewise seised in his Demesn as of Fee of and in two Messuages and 2. Acres of Land with the appurtenances in L. aforesaid and that he and all those whose estate he hath in the said two Messuages and two Acres of Land with the appurtenances from the time of which c. had and were accustomed to have Common of Pasture in the said place called the Dens within the said bounds and limits with all and all manner of his Cattle and living Creatures whatsoever at all time of the year by which the said W.G. at the said time of the said Trespass supposed to be done his said Cattle into the said Close in the said place called the Dens in G. aforesaid within the said bounds and limits to the said Grass there then growing to feed in using his said Common by the said time put as to him it was lawfull which matters are the same breaking of the Close treading consuming and eating up of the said Grass whereof the said E. before himself how complaineth And this c. whereupon c. And the said E. B. saith To the Plea of one of the Defendants the Plantiff saith that the Trespass done was aswell in the said place called the Dens as in another place called the East Heath and because the Defendants to the Trespass in the same place called East Heath of new assigned doe not answer prayeth Judgment c. New Assignment that he by any matter before alleged from his said Action against the said R. B. and W.C. had ought not to be precluded because he saith that the said Close and also the place in which the said Trespass whereof the said E.
before himself now complaineth was done are and at the said time of that Trespass done were aswell the said place called the Dens in G. aforesaid as the said other place called the East Heath with the descending of the Cliff in G. aforesaid whereupon from which they the said R. and W. to the said Trespass in the said place called the East Heath with the descending of the Cliff before of new Assigned to be done doe not answer prayeth Judgement and his Damages by occasion of that Trespass to be adjudgâ—d unto him c. And as to the said Plea of the said R. B. before pleaded the same E. saith that he by any matter in the said Plea before alleged from his said Action against the said R. had ought not to be precluded because he saith that he himself at the time of the said Trespass done was seised in his Demesn as of Fee of and in the Mannor of G. in C. aforesaid whereof the said place called the Dens to the said time in which c. was parcell untill the said R. together c. the day and year aforesaid in the said Declaration before specified the Close of him the said E. aforesaid at G. aforesaid in the said place called the Dens within the said bounds and limits did break and his Grass to the value c. there late growing with his said Cattle by the time aforesaid was eaten up trodden down and consumed in what manner and form the same E. before against him complaineth Without this Without this that the said W. C. and all those whose Estate he hath in the said three Messuages and 16. Acres of Land in the Bar of the said R. before specified from the time of the contrary of which the memory of Man doth not remain had and accustomed to have common of pasture of and in the said place called the Dens in G. aforesaid within the bounds and limits aforesaid with all and all manner of his Cattle and living Creatures whatsoever in all time of the year as the said R. before in the said Bar hath alleged And this he is ready c. whereupon from what the said R. the said Trespass in the said place called the Dens done in G. aforesaid afore hath acknowledged prayeth Judgement and his Damages by occasion of that Trespass to be adjudged unto him c. And as to the said Plea of the said W. C. before pleaded the said E. saith that he by any matter in the same Plea before alleged The Plaintiff to the Plea of the other Defendant pleadeth as to the Plea of the first from his said Action against the said W. had ought not to be precluded because he saith that he himself at the said time of the said Trespass done was seised in his Demesn as of Fee of and in the said Mannor of G. whereof the said place called the D. is and at the said time in which c. was parcell untill the said W. C. together with c. the day and year aforesaid in the said Declaration before specified the Close of him the said E. aforesaid Without this at G. aforesaid c. as before Without this that the said W. C. and all those whose Estate he hath in the said two Messuages and two Acres of Land with the appurtenances from the time c. as before And this he is ready to prove whereupon from what c. as before One of the Defendants to the trespass of the new Assignment pleadeth not guilty to the other Plea maintaineth as before and Issue upon that And the said R. B. as to any Trespass in the said place called the East Heath with the descending of the Cliffin G. aforesaid of new Assignment made supposed to be done saith that he in nothing is thereof guilty And of this he puts himself c. And the said E. likewise c. And as to the said Plea of the said E. before in replying pleaded the said R. as before saith that he and all those whose estate he hath in the said 3. Messuages and 16. Acres of Land with the appurtenances from the time of which c. had and accustomed to have Common of Pasture of and in the said place called the Dens in G. aforesaid within the said bounds and limits with all and all manner of his Cattle and living Creatures whatsoever in all time of the year as the said R. before in his said Bar hath alleged And of this he putteth himself upon the Country And the said E. likewise c. And the said W.C. as to any Trespass in the said place called the East Heath with the descending of the Cliff in G. aforesaid of new Assignment supposed to be done saith that he in nothing is thereof guilty And of this putteth himself upon the Country and the said E. likewise c. And as to the said Plea of the said W. C. afore to the replying pleaded as before saith that he and all those whose Estate he hath in the said two Messuages and two Acres of Pasture with the appurtenances from the time of which c. had and accustomed to have Common of Pasture of and in the said place called the Dens in G. aforesaid within the bounds and limits aforesaid with all and all manner of his Cattle and living Creatures whatsoever in all time of the year as the said W. before in his said Bar hath alleged And of this putteth himself upon the Country and the said E. likewise therefore as well as to the trying of that Issue as the said c. Middles Declaration in trespass for taking and leading away of a horse Hill 22. H. 8. Roll 26. ss I. W. complaineth of R. W. in the custody of the Marshall c. of that that he in the Feast of St. Margaret the Virgin in the 21. year of the Reign of King Henry the 8. with force and Arms that is to say with Staves c. one Gelding of Colour black Gray of him the said I. of the price of 5. marks at W. in the County aforesaid found took and lead away And other Wrongs Defendant pleads that before the time of the trespas c. he was possessed of the horse c as of his proper horse and that certain Malefactors took the said horse out of his possession and it came to the hands of the Plaintif out of whose possession the Defendant took the horse as his own horse and so justifies c. to the Damage c. 10. marks And thereupon he bringeth his Suit c. And the said R. by W.T. his Attorney cometh and defendeth the force and wrong when c. And as to the comming with force c. or whatsoever thing c. Not guilty And as to the residue of the Trespass no Action c. because he saith that before the said time of the said Trespass supposed to be done the same R. was of the said Horse as of his
own Horse possessed And afterwards and before the said time in which c. that is to say the 24. day of July in the 20. year of the Reign of the said now King the said Horse by certain Malefactors unto the said R. unknown out of the possession of him the sayd R. feloniously was taken and led away and afterward the said Horse came to the possession of him the said I. And because the said R. at the same time in which c. found the same Horse in the possession of him the said I. the same R. the said Horse of him the said R's own out of the possession of him the said I. did take and lead away as to him it was lawfull And this c. Whereupon c. The Plaintif saith that one I. R. being of the said Horse possessed at B. in the Fair there sold that Horse that he paid unto the Bailiff of the Fair toll c. Protestation And the said I. saith that he by any matter before alleged c. ought not to be precluded c. because protesting that the said Horse was never the Horse of the said R. as the said R. in his said barre before hath alleged for a Plea notwithstanding the said I. saith that before the said time of the said Trespass done the said I. R. was possessed of the said Horse and so possessed in the Feast day of the Body of Christ in the 21. year of the Reign of the said now King abovesaid at Canbury in the County of Oxon ' in a certain Fair or Market there then held did bargain and sell unto the said I. W. the said Horse for the sum of 31. shillings six pence of lawfull c. which the said I. W. then and there unto the said I. R. paid And further the said I. W. saith that he then and there paid unto one R. C. the then Bailiff of the said Fair one penny by the name of Toll for the said Horse by which the said W. was of the same Horse possessed untill the said R. W. the day and year in the Declaration of him the said I. W. before specified at W. aforesaid in the County aforesaid the same Horse with force and arms aforesaid did take and lead away in manner and form as the said I. W. in his said Declaration before against the said R. W. doth Complain And this c. Whereupon from what the said R. the said Trespass before hath acknowledged to have done he prayeth Judgement and his Damages by occasion of that Trespass to be adjudged unto him c. The Defendant saith that I. R. did not sell unto the Plaintif in the Fair nor the Plaintif paid the Tol. Without this And the said R. W. as before saith that before the said time of the said Trespass supposed to be done the same R. W. of the said Horse as of his own Horse was possessed untill the same Horse by the said Malefactors unto the said R. unknown out of the possession of him the said R. feloniously was taken and led away as the said R. in his Bar before hath alleged Without this that the said I. R. did bargain and sell unto the said I. W. the said Horse in the Market or Fair aforesaid Nor the same I. W. unto the aforesaid R. C. the then Bailiff of the said Fair one penny in the name of Toll for the said Horse did pay as the said I. in his Replication before hath alleged And this c. whereupon he prayeth Judgement and that the said I. W. from his said Action against him the said R. had may be precluded c. And the said I. W. saith that the said I. R. did bargain and sell unto the said I. W. the said Horse in the said Market and unto the said R. C. the then Bailiff of the said Fair one penny by the name of Toll for the said Horse did pay as the same I. in his Replication before hath alleged Ven ' fac ' to the Sheriff of Oxoâ— And this he prayeth that it may be enquired of the Countrey And the said R. likewise c. Therefore Command is to the Sheriff of Oxon. that he cause to come before the Lord the King at Westminster the day c. twelve c. of the Visn of B. in the said County of Oxon. by whom c. and who neither c. To Recognize c. Because aswell c. The same day is given to the said parties there c. ss AND the said I. M. by R. M. his Attorney commeth and defendeth the force and wrong when Staff Justific ' in Trespass for that that the Tenements in which c. were Customar ' c. and as to the Comming with force and arms c. Not guilty And as to the residue of the said Trespass before supposed to be done the same I. M. saith that the said I. S. No action because he saith that the said Tenements with th' appurtenances in the said Declaration before specified are and from the time whose contrary c. were Customary Tenements and Lands and parcell of the Mannor of Harnedesworth with th' appurtenances in the County aforesaid of which said Mannor with th' appurtenances whereof c. long before the said time in which the said Trespass is supposed to done one T. late Earl of Ormond was seized in his Demesn as of Fee and that the same Tenements with th' appurtenances are and from all the time aforesaid were Demised and demiseable by Copy of Court-Roll of the said Mannor by the Steward of the said Court of that Mannor for the time being unto any person or persons willing to take the same in Fee-simple Fee-tail to Term of life or years or otherwise at the Will of the Lord according to the Custom of the said Mannor and him the said Earl of the said Mannor with th' appurtenances whereof c. so as before is said being seized the same Earl afterwards and before the said time in which c. that is to say at the Court of him the said Earl of his said Mannor held at that Mannor the tenth day of October in the twentieth year of the Reign of the said now King of England the seventh after the Conquest by one W. H. the then Steward of him the said Earl of the said Mannor according to the Custom of the said Mannor Demised by Copy of Court-Roll the said Tenements with th' appurtenances amongst other things by the names of one Messuage By names and a certain parcell of Land unto the aforesaid Tenement with th' appurtenances belonging unto one R. M. To have and to hold unto him and his heirs for ever according to the Custom of the said Mannor by vertue of which said Demise the same R. was of those Tenements with th' appurtenances seized in his Demesn as of Fee according to the Custom of the said Mannor And he the said R. of those Tenements with th' appurtenances
Trespasse done into the said Tenements with the Appurtenances in which c. entred And the said T. and J. of those Tenements with the Appurtenances in which c. wholly expelled and amoved by which the said C. was thereof possessed untill the said T. and J. at the said time in which c. with Force and Armes aforesaid the Close of him the said C. in the said place in which c. did breake and his said Grasse there then growing with the said Cattell did eat up tread and consume and the said Ground there with a Plow did rip up and also his said Wood there then growing they did cut down and carry away against the Peace c. in manner and form as the same C. before against them himselfe now complaineth And this c. whereupon from which the said T. and J. the said Trespasse before acknowledging the same C. prayeth Judgment and his said Damages by occasion of that Trespasse unto him to be adjudged c. AND they the said T. and J. say that they the said T. and J. by the said space of one yeare that is to say from the said two and twentieth day of Aprill in the fourth yeare of the said Reigne of the said now King above said untill the said foure and twentieth day of Aprill in the fifth yeare of the Reigne of the said now King aforesaid did inhabit within the said Mannor of B. and not without in manner and form as the said C. before in replying hath alledged and this c. Whereupon as before he praieth Judgment and that the said C. from his said Action thereupon against them had may be procluded c. AND the said C. as before saith that the said T. and J. by the space of one yeare and a day that is to say from the said two and twentieth day of Aprill in the fourth yeare of the Reigne of the said now King untill the foure and twentieth day of Aprill in the fifth yeare of the Reigne of the said now King did inhabit without the said Mannor of B. that is to say at C. aforesaid and within the Mannor of the said C. in manner and form as the same C. before in replying hath alledged And this he prayeth that it may be inquired of by the Country c. WILLIAM Attersale Kent Declaration upon the Statute of the eighth year of H. 6. of forcible entryes by Deeds complaineth of John Fuller and M. his wife and VV. Parker in the custody of the Marshall c. Of a Plea wherefore whereas in a Statute in Parliament of the Lord Henry late King of England the sixth after the Conquest at VVestminster in the eight yeare of his Reigne held established amongst other things it should be continued that if any person of any Lands or Tenements with main strength be expulsed and disseised or peaceably is put out and afterward is held out with force or any Feoflment or discontinuance thereof after such entry for the Right of the Possessor to defraud and take away in any manner is made the party in this behalfe grieved may have against such disseisor an Assise of new disseisin or a writ of Trespasse and if the party grieved by Assise or by Action of Trespasse shall recover and by Verdict or in other manner by due form of Law it shall be found that the party Defendant in the Lands and Tenements was by force of entry or after his entry should hold by force the Plaintiff shall recover his treble Damages against the Defendant And further shall make Fine and Redemption as in the same Statute more fully is contained Notwithstanding they the said J. M. and W. P. the said Statute little weighing and the Penalty in the same little fearing the first day of October in the sixth yeare of the now King Edward the sixth into two parts of one Messuage and twelve Acres of Land with the Appurtenances of him the said VV. A. in J. in the County aforesaid with main force that is to say with Swords Staves Clubs Bowes and Arrowes they entred and the said VV. A. with main force expulsed and disseised and him so expulsed and disseised of the same two parts of the said Tenements with the Appurtenances with the said main force withheld and as yet doth withhold from the same to the contempt of the said now King and to the Damage of him the said W. A. 20 l. and against the form of the said Statute and against the Peace of the Lord the now King And thereupon he bringeth his Suit c. Defendant iustifies by vertue of a certain demise unto them at will by one made his own Right the rest as his Servants peaceably and quietly entry into the Tenements c. AND they the said J. F. M. and W. P. by I.C. their Attorney come and defend the force and wrong when c. all Contempts and whatsoever c. And say that long before the said Entry into the said Tenements with the Appurtenances before supposed to be done one I. G. was seized of the said Tenements with the Appurtenances in his Demesne as of Fee and him the said I. G. so being thereof seized the same I. G. afterward and before the said time in which c. that is to say the eighth and twentieth day of October in the yeare of the Lord 1541. at I. aforesaid made his last Will and by the same Will that I. then his Wife should have the said Tenements with the Appurtenances to the Tearm of the life of her the said J. so that after the Discease of her the said J. have those Tenements with the Appurtenances should remain unto one J. K. and his Heires for ever And afterwards and before the said time in which c. the said J. at I. aforesaid died after the death of which said J. G. by vertue of the said last Will the same J. into the Tenements with the Appurtenances entred and was thereof seized in his Demesne as of Free-hold and she the said J. so thereof being seized the same J. long before the said time in which c. that is to say the twentieth day of September in the sixth yeare of the Reigne of the now Lord King Edward the sixth at J. aforesaid demized the said Tenements with the Appurtenances unto the said J. F. one of the aforesaid Defendants to have and to hold those Tenements with the Appurtenances unto the said J. F. his Executors and Assignes from the Feast of Saint Michaell the Arch-angell Lease at will from thence next following and fully to be compleat and so from yeare to yeare as long as both parties should please By vertue of which said Demise the same J. F. into the said Tenements with the Appurtenances entred Colour by demise and was thereof possessed and the said W. A. claiming the said Tenements with the Appurtenances by colour of which Deed of Demise unto him thereof made by the said
J. G. in his life for tearm of his life where nothing of the said Tenements with the Appurtenances into the Possession of him the said W. A. by that Deed ever passed into the said Tenements with the Appurtenances entred Upon the Possession of which said W. A. thereupon the said J. F. in his proper Right claiming his said Tearme and the said M. and W. P. as Servants of him the said J. F. and by his command at the said time in which c. into the said Tenements with the Appurtenances peaceably and quietly now have entred Verification of a Lease for anothers life as unto them it was lawfull without this that they the said J. F. M. and W.P. will prove that the said J. have in her full life remaineth that is to say at T. in the County aforesaid without this that they the said I. F.M. and W. P Traverse to the Delaration upon the Statute of forcible entry that it was not with force against the form of the Statute c. Plaintiff faith that certaine strangers were seized c. and so seived by fine acknowledged before the Justices of the said Lord the Kings Bench acknowledged the Tenements to be of his the plaintifs by pretence of which the Plaintiff entred and was thereof seized c. untill c. Fine acknowledged of the moiety of a messuage c. Conveyance of a Title by fine at the said time in which c. into the said tenements with the appurtenances with Force and armes aforesaid entred against the form of the said statute in manner and form as the said W. A. before against them complaineth and this c whereupon they pray Judgement if an Action c ANd the said W. A. saith that he by any matter by the said I. F. M. and W.P. c. not to he precluded c. because he saith that long before the said time of the said entry made one I.H. and I. his wife and T. C. and B. his wife were of the moiety of the said Tenements with the appurtenances seized in their Demesne as of Fee and them the said I.H. and I.T.B. and B. of that moiety of the said tenements with the appurtenances so being seized they the said I. H. and the rest afterwards that is to say from the day of Easter in fifteen dayes in the sixth yeare of the Raign of the now King Edward the sixth before E. Mountaine C.I. H. and E.M. Justices of the said Lord the King personally came and acknowledged the moiety of the said Lands with the appurtenances by the name of the moiety of one messuage of one Garden and fourteen acres of Land with the appurtenances in I. aforesaid to be the right of him the said W. A. as those which the said W. A. had of the gift of the said I.H. and I T B. and B. and they remised and quite claimed from them the said J. J. T. and B. and the heirs of them the said I. and B. unto the said W. A. and his heirs for ever by pretence whereof the said W. A. of the moiety of the said Tenements with the appurtenances entred and was thereof seized in his demesne as of Fee untill the said I. E. into the said tenements with the appurtenances entred and him the said W. A. of the moiety of the same Tenements with the appurtenances unjustly and without judgement unjustly disseised by which the same I. was of the moiety of those Tenement aforesaid with the appurtenances seized by disseisin and shee the said I by that disseisin so thereof being seized the same I. before the said time of the said entry made that is to say the said twentieth day of September in the sixth year of the Raign of the said now King Edward the sixth at J. aforesaid demised the said Tenements with the appurtenances unto the said I. F. now one of the Defendants to have and to hold unto the same I F. his Executors and assignes from the said Feast of Saint Michaell the Arch-Angell from thence next following untill the end and tearm of one year from thence forth next following and so from year to year as long as the said both Parties should please by virtue of which said Demise the said I. F. into the said Tenements with the appurtenances entred and was thereof Possessed in manner and form as the said I. F.M. and W P above in Pleading have alleadged upon the Possession of which said I. F. thereupon the said W. A. before the said time of the said Entry made into the Moiety of the said Tenements with the appurtenances entred and was thereof seized in his Demesne as of Fee untill by the said I. F.M. and W.P. of the said moiety of the said Tenements Avermenn that 2 parties and one moiety of those said lands are one and not diverse with Force and Armes and with the said main strength in form aforesaid was disseized in manner and form as the same W. A by his said declaration before against them have declared and this he is ready to prove together with this that the said moiety of the said Tenements in the said Fine contained and the said two Parts in the said Declaration specified in which the said Entry is supposed are one and the same and not others nor divers whereupon from which the said I. M. and W.P. the said Entry and disseisin before done acknowledging the same W.A. as well for the King as for himself prayeth judgement and his damages by occasion of that Entry and disseisin to be adjudged unto him c. ANd they the said I. F.M. and W.P. as formerly say that long before the said time of the said Trespasse before supposed to be done the said J. G. in the said Barr before named was seized of the said Tenements with the appurtenances in his Demesne as of Fee and he the said I. G. so of those Tenements with the appurtenances being seized the same I G. before the same time in which c that is to say the said twenty eighth day of October in the year of our Lord one thousand five hundred forty and one at I. aforesaid made his last will and by the same willed that the said I. his Wife should have the said Tenements with the appurtenances to the tearm of the life of her the said Iohanne so that after the decease of her the said Johane those Tenements with the appurtenances should remain unto the aforesaid I. R. and his heirs for ever and afterwards and before the said time in which c. the same I G. at I. aforesaid dyed after the death of which said I. G. the said I. into the said Tenements with the appurtenances by virtue of the said last wil entred and was thereof seized in his demesne as of free-hold And she the said I. so thereof being seized the same I. before the said time in which c. that is to say the said 20 day of September in the
R. that is to say upon the said thirty six Acres of Land growing eating up and Damage there unto the said R. doing the same W. W. that Colt for that Damage then and there as afore it is said done took and lead away as unto them it was lawfull And this c. whereupon c. Not to bee precluded because he saith that long before the said time in which c. the said R. M. in the said Bar before named was seized of the said Tenements with the Appurtenances in his Demesne as of Fee and so thereof being seized before the said time in which c. that is to say the twelfth day of August in the first yeare of the Reigne of the said now King Edward the sixth at A. in the said County of D. demised the said Tenements with the Appurtenances unto the aforesaid W. S. to have to him and his Assignes from the Feast of Saint Michaell the Arch-angell from thence next ensuing untill the end and tearm of three yeares from thence forth next following and fully to be compleat by virtue of which said Demise the same W. S. into the said Tenements with the Appurtenances before the said time in which c. entred and was thereof possessed and he the said W. S. of the said Tenements with the Appurtenances so being possessed the same W. S. before the said time in which c. the said Colt into the said Tenements with the Appurtenances to the Grasse there growing as the proper Grasse of him the said W. S. put to feed which said Colt was there the Grasse there growing feeding upon untill the said W. W. at the said time in which c. upon the Possession of him the said W. S. into the said Tenements with the Appurtenances entred and the said Close in the said place in which c. did breake and the said Colt then and there did take and lead away in manner and form as the same W. S. before against him complaineth And this c. whereupon from which the said W. W. the said Trespasse in form aforesaid done before acknowledging prayeth Judgment and his Damages by occasion of the said Trespasse to be adjudged unto him c. Defendant maintaineth Plea without this that the said stranger demised the said Tenements AND the said W. W. as before saith that the said Tenements with the Appurtenances are and at the said time in which c. were the Ground and Free-hold of the said R. M. by which the same W. W. at the said time in which c. into the said Tenements with the appurtenances as Servant of the said R. and by their Command entred and the said Close as the proper Close of him the said R. did breake and for that he the same W. W. found the said Colt the said Grasse of the said R. upon the Ground of him the said R. that is to say upon the said thirty six Acres of Land growing eating up Damage thereunto the same R. doing the same W. that Colt for that Damage Without this then and there as before is said done did take and lead away as to him it was lawfull without this that the said R. M. demised the said Tenements with the Appurtenances unto the aforesaid W. S. in manner and form as the said W. S. before in replying hath alleadged And this c. whereupon as before prayeth Judgment and that the said W. S. from his said Action against him the said W. W. had may be precluded c. And the said W. S. as before saith that the said R. M. demised the said Tenements with the Appurtenances unto the said W. S. in manner and form as the said W. S. before in replying hath alleadged and this he prayeth that it may be inquired of c. AND the said S. S. by W. D. his Attorney Suff. ss Defendant iustifies Trespasse by virtue of a Demise made by a Master of a Colledge cometh and defendeth the force and wrong when c. And as to the coming with force c. not guilty and as to the residue of the said Trespasse before supposed to be done the same S. saith that the said R. no Action because he saith that the said Close and also the place in which it is supposed the said Trespas before to be done are and at the said time of the said trespas before supposed to be done were a hundred Acres of Lands and Pasture with the Appurtenances in E. aforesaid parcell of the Mannor of E. with the appurtenances in the County aforesaid of which said mannor with the appurtenances long before the said time in which c. one G. W. Clark late Master of the late Colledge of R. in the County of Norffolke and the Fellowes of the same late Colledge were seized in their demesne as of fee in the right of their said Colledge and them the said late Master and fellowes of the said late Colledge of that Mannor with the appurtenances whereof c so thereof being seized they the said late Master and fellowes of the said late Colledge before the said time in which c. that is to say the twentieth day of December in the year of the Raign of the Lord Henry the eighth late King of England 30. at R. in the said County of Norffolke by their certain writing indented with the common seal of them the late Master and fellowes sealed and unto the Court of the Lord the now King here shewed whose date is the same day and year by their unanimous assent and consent did demise and to farm let unto the aforesaid S. his heirs Executors and Assignes the said mannor of E. with the appurtenances in the laid county of Suffolke with all arrable Lands and pasture of Sheep with all their appurtenances and other commodities unto the said Mannor and preimses belonging as well within the town E. aforesaid as within other towns unto the same adjacent with the Lands and Pastures lying at Dead-mans Grave to have and to hold the same Mannor with the appurtenances whereof c and other the premises unto the aforesaid S. his Executors and Assigns from the Feast of the invention of the holy Crosse last past before the date of the said writing indented untill the end and tearm of fifty years from thence forth next insuing and fully to be compleat by virtue of which said demise the said S. into the said mannor with the appurtenances whereof c. before the said time in which c. entred and was thereof possessed and the said R. claiming the said mannor with the appurtenances whereof c. by colour of a certain deed of demise unto him thereof made for the tearm of his life by the said late Master and fellowes of the said late colledge long before the said demise unto the aforesaid S of that mannor with the appurtenances whereof c. as afore is said made where nothing of that Mannor with the appurtenances whereof
his Continuance and being at the aforesayd time of the aforesayd Demise of the same Mannor with the appurtenances whereof c. to the aforesayd S. by the aforesayd late Master and Brotherhood in forme above in the Barr aforesayd specified was supposed to be done By which the same Demise in the Barr aforesayd pleaded in the same manner and forme made is voyd and of none effect And this c. Whereupon for that the aforesayd S. the Trespasse aforesayd in the aforesayd hundred Acres of Land with the appurtenances above acknowledgeth the same R. prayes Judgement and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid S. as formerly saith The Defendant maintaines his Plea and traverseth the demise of the Master and Brother-hood to T. Bostnay and S. That the aforesaid late Master and Brotherhood aforesayd of the late Colledge long before the aforesayd time of the Trespasse aforesayd above supposed to be done were seized of the Mannor aforesayd with the appurtenances whereof c. in their Demesne as of Fee in right of their Colledge aforesayd And the said late Master and Brotherhood of the same late Colledge of that Mannor with the appurtenances whereof c. being seized the same late Master and Brotherhood of the aforesayd late Colledge before the aforesayd time wherein c. to wit the aforesaid twentieth day of December in the thirtieth yeare of the Raign of the aforesayd late King at R. aforesayd by their aforesayd Writing indented with the Seale of them the sayd Master and Brotherhood sealed and to the Court of our aforesayd late Queen shewen as aforesayd whose date is the same day and yeare by their unanimous assent and consent did demise and to Farme let unto the aforesayd S. his Heires Executors and Assignes the aforesaid Mannor of E. with the appurtenances to have and to hold the aforesaid mannor with the apuptenances whereof c. to the aforesayd S. his Executors and Assignes from the aforesayd Feast of the Intention of the holy Crosse last past before the date of the said indented Writing unto the end and terme of fifty yeares from thence next following and fully to be compleat and ended By vertue of which sayd Demise the aforesayd S. into the Mannor aforesayd with the appurtenances did enter and was thereof possessed in manner and forme as the aforesayd S. above by pleading hath alledged Without that that the aforesayd late Master and Brotherhood aforesayd of the late Colledge demised the Mannor aforesayd with the appurtenances whereof c. to the aforesayd E. Bestnay and S. in manner and forme as the aforesayd R. above by Replication hath alleadged And this c. Whereupon he prayes Judgment and that the aforesayd R. may be debarred from having his Action aforesayd against him c. AND the aforesayd R. F. as formerly saith That the aforesayd late Master and Brotherhood of the aforesayd late Colledge did demise the Mannor aforesayd with the appurtenances whereof c. to the aforesayd E. B. and S. in manner and forme as the aforesayd R. above by Replication hath alledged and this hee prayes may be inquired of by the Countrey And the aforesaid S. in like manner c. Therefore command is to the Sheriff of Norfolke A Justification in Trespasse by a Prescription for a Procession way in another place then in the declaration with a traverse that he is guilty in the place in the declaration that he cause to come here twelve c. AND the aforesayd T. A. R. T. M. and others by W.H. their Attorney come and defend the force and injury when c. And the aforesayd T. M. sayes That he is in nothing thereof guilty And of this c. and the aforesaid Prior in like manner c. And the aforesaid T. A. R. and others as to the coming by Force and Armes say that they are in nothing thereof guilty And of this c. and the aforesaid Prior in like mannor c. And as to the residue of the Trespasse aforesaid supposed to be made they the said T A.R. and others say that the aforesaid Prior ought not to have his action aforesaid against them Because they say that long before the aforesaid time wherein the Trespasse aforesaid is supposed to be done one E. M. was seized of one Marsh called forty acres containing forty acres of Marsh land with the appurtenances lying in the Parish of H. in the County aforesaid in his demesne as of fee and being so thereof seized before the said time wherein c. at H. aforesaid demised the aforesaid forty acres of Marsh Land to the aforesaid Prior to hold to him at the will of him the said E. By vertue of which demise hee the said Prior the aforesaid time of the Trespasse aforesaid supposed to be made was thereof possessed further say that the same T. A. is and the aforesaid time of the Trespasse aforesaid supposed to be done was Vicar of the Parish Church of H. aforesaid and that they the said R. and others at the same time of that Trespasse supposed to be made were Parishioners of the same Parish of H. and dwelling within the same Parish and further say that the aforesaid T.A. and all his predecessors Vicars of the Parish Church of H. aforesaid and whomsoever Parishioners of the same Parish from the time being from time out of minde were used and accustomed yearly at their pleasure on the Eve of Ascention day within the Rogation dayes to go and walk about through the Marsh aforesaid with solemne procession of the aforesaid Parish of H. By which the aforesaid T. A. the aforesaid time of the Trespasse aforesaid supposed to be made then being Vicar of the same Church And the aforesaid R. and others then Parishioners of the same Parish of H. and dwelling within the same Parish on the Eve of Ascention day within the Rogation daies in the aforesaid first year of the Reign of our Lord the King that now is with other Parishioners of the same Parish with the solemne procession of the same Parish did goe and walke about the aforesaid forty acres of Marsh The aforesaid Prior then of the Marsh aforesaid being possessed by vertue of the demise aforesaid to him made and in that walking about the grasse aforesaid in the same Marsh then growing by walking with their feet they did tread down and consume as it was lawfull for them to doe Without that that the aforesaid T. A. R. and others are guilty of the Trespasse aforesaid in S. aforesaid supposed to be done in the forme which the aforesaid Prior above against them complaineth and this c. Whereupon they pray judgement whether the aforesaid Prior ought to have his action aforesaid against them ANd the aforesaid Prior sayes Issue upon the Traverse that he ought not be debarred from having his Action aforesaid against c. Because he saith by Protestation that the aforesaid
alleadged And this c. Whereupon for that the same VV. and T.C. the taking of the Oxe aforesaid above acknowledge they pray judgement and their damages upon that occasion to be adjudged unto them c. Issue upon the Herriot custome AND the aforesaid W. and T. say that the aforesaid Bishop and all his Ancestors and all they whose estates he the said Bishop hath in the Mannor aforesaid with the Appurtenances hath had and from the whole time aforesaid were used and accustomed to have of all and all manner of Tenants of every Tenant of the Mannor aforesaid who held Lands or Tenements from the Lord of the Mannor c. as of the same Mannor and doe alien those lands and Tenement or any parcel thereof to any person or persons in Fee Notice thereof in the life time of him who shall so sell those Lands or Tenements by them or by him to which or to whom those Tenements shall be sold to the Lord of the same Mannor for the time being not being given and made after the death of such Tenant so alienating the best living beast which was his the said Tenant so alienating at the time of his death in the name of a customary Herriot as the same W. and T. above have alleadged And of this they put themselves upon the Country c. AND the aforesaid R.J. A.E. J.C. and R.L. by R. G. their Attorney come and defend the force and injury Some of the Defendants plead not guilty and others justifie for that the place in which c. is the Kings highway Trin. 16. Hen. 7. Rol. 35. whom c. And the aforesaid R.I. A.E. and R. say that they are in nothing guilty c. And of this c. And the aforesaid Plaintiffe in like manner c. And the aforesaid J.C. as to the comming with force and Armes c. as also the whole trespasse aforesaid besides the breaking of the Close aforesaid saith that he is in nothing guilty c. And as to the Trespasse aforesaid of breaking the Close aforesaid supposed to be done the same I.C. saies that the aforesaid Plaintiffe ought not to have his action aforesaid against him because he sayes that the place in which the Trespasse aforesaid is supposed to be made is and at the time wherein c. was seven Acres of Land called Otefield-brook with the Appurtenances in W. aforesaid whereof the said I. C. at the time of the Trespasse aforesaid supposed to be made and long before the said time was seized in his Demesne as of Fee Over which said seven Acres of Land with the Appurtenances is and from time out of minde was the Kings common high-way tending and leading from the Kings way there called the Ashford high-way unto the Village of Adelsford in the County aforesaid containing in breadth eight foot that is to say as well for horsemen as for foot-men there by the same way willing to ride or journey And further he the same I.C. saies that he the aforesaid time wherein c. did ride and travell from the aforesaid Kings way called Ashford high-way unto the village of A. aforesaid over the aforesaid seven Acres of Land using that high-way of the Kings there as it was lawfull for him to do which said riding by that high-way of the Kings over the aforesaid seven Acres of land is the same breach of the Close whereof the aforesaid I. C. above complaines c. And this c. whereupon he prayes judgement whether the action c. And the aforesaid Plaintiffe sayes that he ought not to be debarred from having his action aforesaid against the aforesaid I. C. because hee saith that the foresaid I. C. together with c. the day and yeer aforesaid by Force and Armes aforesaid of his proper injury the Close aforesaid in the aforesaid seven Acres of land did breake and also his grasse upon the same seven Acres of Land then growing with the cattell aforesaid did eat up tread down and consume in manner and forme as the same I. C. above now complaineth VVithout that that there is The Traverse or from the aforesaid time out of minde c. there was a common Kings high way tending and leading from the Kings high-way there called Ashford high-way unto the village of Adelsford as well for horsemen as for footmen over the aforesaid seven Acres of Land in manner and forme as the aforesaid I. C. above by pleading hath alleadged And this c. VVhereupon for that the same I. C. the Trespasse aforesaid of breaking the Close aforesaid above acknowledgeth he prayes judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid I.C. as formerly saith that there is Issue upon the Traverse and from the said time out of minde c. there was a common Kings high-way tending and leading from the aforesaid high-way called Adelsford high-way unto the village of Adelsford aforesaid as well for horse-men as for footmen over the aforesaid seven acres of Land with the appurtenances in manner and forme as the aforesaid I. C. above by pleading hath alleadged And of this hee puts himselfe upon the Country and the aforesaid Plaintiffe in like manner c. The Defendants plead that a stranger was seized c. And Enfeoffed certaine c. And justifie the Trespasse as servants to the Feoffees Paschae 19. Hen. 7. Rol. 60. AND the aforesaid T. and VV.B. by T.S. their Attorney come and defend the force and injury when c. And as to the coming by force and armes or whatsoever c. not guilty And as to the residue of the Trespasse aforesaid supposed to be done the same T.A. and VV. say that the aforesaid T.R. ought not to have his action aforesaid against them because they say that the place in which the Trespasse aforesaid is supposed to be done is and the aforesaid time wherein c. was one Garden three Crofts of Land containing twelve acres of Land and one Pagholl in L. aforesaid whereof one E.B. long before the said time wherein c. was seized in his demesne as of Fee And so being thereof seized by his certaine Deed indented long before the said time enfeoffed F.A. and I.R. to have and to hold to them and their heires for ever By vertue of which said Feoffement they the said R. and I. long before the aforesaid time Colour by Feoffement wherein c. were thereof seized in their demesne as of Fee And the aforesaid T.R. claiming the Tenements aforesaid with the appurtenances by colour of of a certaine demise to him thereupon made for terme of his life by the aforesaid Edmond long before the aforesaid Feoffement to them the said F. and I. made where nothing of the aforesaid Tenements with the appurtenances into the possession of him the said T.B. by that Deed ever passed into the same Tenements with the appurtenances long before the said time of the
Trespasse aforesaid supposed to be done entred upon which said T.B. possession thereupon the aforesaid T. A. and W. as the servants of them the said F. and I. and by their commandement the aforesaid time wherein c. into the same Tenements with the appurtenances re-entred and the close aforesaid then there broke and the corne and grasse then there growing did tread downe and consume continuing that treading downe and consumption in forme aforesaid as it was lawfull for them to do And this c. Whereupon c. Whether action c. The Plaintiffe Assigns Trespasse anew AND the aforesaid T.R. sayes that he by any thing by the aforesaid T.A. and VV. pre-alleadged ought not to be debarred from having his action aforesaid against them of the Trespasse aforesaid made because he saith that the place in which the Trespasse aforesaid whereof he above now complaineth is and the said time wherein c. was two hundred acres of Lands in R aforesaid called Fatherfeild Thistlecrosse and Churchfield other then the Tenements aforesaid in the aforesaid barre of them the said T.A. and VV. specified VVhereupon for that the aforesaid T.A. and VV. to the Trespasse aforesaid in the aforesaid two hundred acres of Land answer not he prayes judgement and his damages by occasion of that Trespasse to be adjudged unto him c. ANd the aforesaid T.A. and W. as to the trespasse aforesaid in the aforesaid two hundred acres of land anew assigned supposed to be done The Defendants justifie the Trespasse in the lands anew assigned for certain way from their houses to the Church say that the aforesaid T.R. ought not to have or maintain his action aforesaid against them c. because they say that the aforesaid T.A. and W. are and the aforesaid time wherein c. were seized of one Messuage with the appurtenances in R. aforesaid in their demesne as of Fee and that they and all those whose estate the same T.A. and W. have in the same Messuage with the appurtenances were accustomed to have a certaine way from the said Messuage unto the Parish Church of R. over and upon the aforesaid two hundred acres of Land from the time out of mind c. By which the same T.A. and W. the aforesaid time wherin c. into the aforesaid two hundred acres of Land entred using their way aforesaid in the same as it was lawfull for them to doe which is the same trespasse of breaking the Close aforesaid and treading downe and consuming the grasse aforesaid in the same two hundred acres of Land whereof the aforesaid A. B. above against them complaineth And this c. whereupon they pray judgement whether the aforesaid T.B. ought to have and maintaine his action aforesaid against them c. ANd the aforesaid T.B. saies that he by any thing before alledged ought not to be debaâ—red from having his action aforesaid against them The Plaintiff by protestation saies the Defendant had no way for plea that they trod down the grasse out of the way because by protestation that the aforesaid T. A. and W. and all they whose state the same A.T. and W. have in the Messuage aforesaid have not had nor were accustomed to have the way aforesaid from the Messuage aforesaid to the Church aforesaid over and upon the aforesaid two hundred acres of Land in the aforesaid last bar specified from the time out of mind c. as they above by pleadings have alledged for plea he sayes that he the same T.B. was of the aforesaid two hundred acres of Land with the appurtenances long before the said time wherein c. seized in his demesne as of Fee untill the aforesaid T. A. and W. by force and armes aforesaid the Close aforesaid in the aforesaid two hundred acres of Land did breake and the come and grasse aforesaid out of that way growing did tread downe and consume in manner and forme as the same T. B. above by pleading hath alledged and this c. whereupon he prayes judgement and his damages by occasion of that trespasse to be adjudged unto him c. ANd the aforesaid T.A. and W. as to the trespasse aforesaid out of the way aforesaid in the aforesaid two hundred acres of Lands supposed to be made say that they are nothing thereof guilty And of this they put themselves upon the Country and the aforesaid T.B. in like manner c. The Defendants justifie the taking of a Mortuary by vertue of a Demise to them of the Rectory c. Trin. 21. Hen. 7. Rol 62 ANd the aforesaid R. P. and W. P. by A. B. their Attorney come and defend the force and injury when c. and as to the coming by force and armes or whatsoever c. not guilty c. and as to the residue c. the same R. and W. say that the aforesaid plaintiffe ought not to have his action c. because they say that one L. Prior of the house and Church of the blessed Mary and St. Thomas the Martyr of the now place near Guilford is and the said time wherein c. was Parson imparsonate of the Church of Ewel aforesaid and that he and all his Predecessors Priors of the house aforesaid from the time out of minde c. were Parsons of the same Church imparsonate in the same And that he and all his Predecessors aforesaid Parsons of the Church aforesaid by the whole time aforesaid were used and accustomed to have of every person within the Precinct of the Parish of Ewel aforesaid dying to whom the Sacraments and holy things at the time of his death are administred or administrable one living Beast of the same so dying person if the same dying man have beasts at the time of his death or before or the best thing of him the said so dying man if he have no living beasts at the same time in the name of a Mortuary for the holy things to him so dying to be celebrated And that the aforesaid Prior and all his Predecessours aforesaid Parsons of the Church aforesaid from the whole time aforesaid were used and accustomed to take and seize such Mortuary so happening to whose hands soever they should come And the same R.P. and VV. say that the aforesaid now Prior long before the said time wherein c. that is to say such a day and yeer at Ripley in the County aforesaid demised to the aforesaid R.P. the Rectory of Ewel aforesaid with all fruits oblations offerings glebes lands and other their appurtenances whatsoever To have and to hold to him the said R.P. and his Assigns untill the end and terme of one and twenty years from thence next following and fully to be compleat By vertue of which Demise the aforesaid R.P. long before the said time wherein c. was of the Rectory aforesaid and other the premises with their appurtenances possessed And hee being so thereof possessed after and before the said time that is to
say such a day and year aforesaid one E G. to whom the Sacraments and holy things then were to be administred and administrable was possessed of the aforesaid horse as of his proper horse And he being so thereof possessed long before the said time wherein c. delivered that horse to the aforesaid R.G. safely to be kept And that horse to him the said E. to be redelivered when he should be thereunto required And that also long before the said time wherein c. that is to lay the eleventh day of March such a yeer One R.R. to whom the Sacraments and holy things then were to be administred and administrable was possessed of the aforesaid Oxe as of his proper Oxe And so being thereof possessed long before the same time wherein c. delivered that Oxe to the aforesaid R.G. to be safely kept And that Oxe to him the said R.R. when he should be thereunto required to bee re-delivered By means whereof the aforesaid R. E. long before the aforesaid time wherein c. was of the said Oxe possessed And he being so of the same Horse and Oxe possessed the aforesaid E. G. and R. R. afterwards and long before the same time at Ewell aforesaid within the Parish aforesaid dyed By means whereof the Horse and Oxe aforesaid came and belonged to the aforesaid R.P. in the name of a Mortuary of them the said E. G. and R.R. By which the same R.P. as in his owne Right And the aforesaid A. and W. as servants of him the said R.P. and by his command the aforesaid time wherein c. the Horse and Oxe aforesaid at Ewell aforesaid found in the name of Mortuaries of them the said E.G. and R.R. they tooke and led away as it was lawfull for them to doe And this c. whereupon they pray judgement whether the action c. AND the Plaintiffe sayes that he ought not to be debarred from his action aforesaid c. because he saith That the Prior Parson of the Church aforesaid imparsonate in the same remaines and all his Predecessors aforesaid Parsons of that Church from time out of minde were used and accustomed to have of each person within the Precinct of the Parish of Ewell dying to whom the Sacraments and holy things at the time of his death are to be administred and administrable one living beast of the same so dying person if the same dying person have living beasts at the time of his death or one other better thing of his the said person so dying if at the same time he had no living beasts in the name of a Mortuary for Sacramentals to him so dying to be administred And that also within the same Parish of Ewell from the whole time aforesaid there is had such a custome that wheresoever any of the Parish aforesaid to whom Sacraments and holy things are to be administred and administrable at the time of his death within the Parish aforesaid doe dye having livings beasts or other things at the time of his death that then after his death his Executor or Executors of his last will or Administrator or Administrators of the goods and Chattels of him so dying were used and accustomed to have the first election of all and singular the beasts or of any other better things which were of him so dying at the time of his death And the same living beasts or other better things first chosen to bee taken and seized to the fulfilling of the Will of the Testator so deceasing And after such election of the living beasts or of other better things of such person dying by the Executor or Administrator of the goods of such so dying in forme aforesaid made That then the aforesaid Prior Parson imparsonate of the Church aforesaid or his Deputy by the whole time aforesaid were used and accustomed to have to himselfe of the beasts or of other things residue which were of the aforesaid so dying person at the time of his death the best beast or other better thing of his so dying by his Executors or Administrators formerly in no wise taken or seized for his Mortuary And the aforesaid R. and M. say that the aforesaid E.G. and I.R. long before the said time wherein c. And at the time of the death of them were possessed of the aforesaid Horse and Oxe as of their proper Horse and Oxe And so being thereof possessed at Ewell aforesaid constituted the aforesaid R.G. Executor of their last Wills And long before the aforesaid time wherein c. By means whereof the said R.G. after the death of the aforesaid E.G. and R.R. as Executor of the Testament and last Will of them the said E.G. and R.R. long before the said time wherein c. the aforesaid Horse and Oxe as the best living beasts of the aforesaid Testator took and seized to the fulfilling of the execution of the Testament of the aforesaid Testators By which he the said E.G. long before the said time wherein c. was of the same Horse and Oxe possessed untill the said R.P.A. and W. in the said time wherein c. the same Horse and Oxe out of the possession of him the said E. G. they took and led away in manner and forme as the same E.G. above against them complaineth And this c. Whereupon for that the aforesaid R.P.A. and W. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages upon that occasion to be adjudged unto him c. The Defendant maintaines his plea in bar and traverses the custome pleaded by the Plaintiffe Traverse AND the aforesaid R.P.A. and W. as to the aforesaid residue of the Trespasse aforesaid supposed to be done sayes as formerly that the aforesaid Prior is and at the said time wherein c. was Parson of the Church aforesaid imparsonate in the same and that he and all his predecessors and so recite as in the first plea in bar of the Defendant Without that that within the aforesaid Parish of Ewell from time out of minde c. there was had such a custome that whensoever any of the Parish aforesaid to whom Sacraments and holy things at the time of his death are to bee administred or administrable do dye within that Parish having livings beasts or other things at the time of his death that then after his death his Executor or Executors of his will aforesaid or the Administrator or Administrators of the goods and Chattels of him so dying were used and accustomed to have the first election of all and singular the livings beasts or of any other better things which were of his so dying at the time of his death And the same living beasts or other bette things first chosen to take and seize to the fulfilling of the Execution of the Testament of such Testator so deceasing as the aforesaid R.G. above by pleading hath alleadged And this c. Whereupon they pray judgement And that he the said E.G. may bee
debarred from having his action aforesaid against them AND the aforesaid E. G. as formerly saith Issue upon the Traverse that within the Parish c. and so word for word as in the Traverse before untill as he the same E.G. above by pleading hath alleadged And this he prayes may be enquired of by the country c. Aid Prior after issue made And upon this the aforesaid R. P. sayes that he that Averment aforesaid above pretended without the aforesaid Prior cannot make good or maintaine And prayes aid of him the said Prior And he that c. Therefore the same Prior is to bee summoned by good Summons c. that he be before our Lord the King from the day of St. Michael in fifteen dayes wheresoever c. to joyne himselfe in aid unto the aforesaid R.P. and to make good and maintaine the issue aforesaid with the aforesaid A. and W. if he will And as to the trying of the issue aforesaid above between the parties aforesaid joyned Issue and the Ve. fac The Jury are thereupon to come before our Lord the King at the aforesaid Terme And who neither c. to Recognise c. Because as well c. The same day is given to the parties aforesaid here c. Middlesex AND the aforesaid J.L. by W.L. his Attorney comes and defends the force and injury when c. The Defendant pleaded the goods taken as a pawne for mony lent c. And as to the coming by force and armes he saith he is in nothing thereof guilty And as to the residue of the Trespasse aforesaid supposed to be done the same I. sayes that the aforesaid Plaintiff ought not to have his action c. because he saith that the same S. long before the said time wherein c. was indebted unto him the said I. in 46 s. and 8 d. for divers sums of mony by him the said S. of the aforesaid I. formerly borrowed And afterwards and long before the said time the same S. by one A. his wife delivered to the aforesaid I. the aforesaid goods and chattels as a pawne for the aforesaid 46 s. and 8 d. to be held to him the said I. in pledge untill the said S. to the aforesaid l. the same 46 s. and 8 d. had paid And the same I. in fact saith that the aforesaid S. hath not as yet paid to him the said I. the aforesaid 46 s. and 8 d. Which is the same Trespasse and taking and carrying away the aforesaid goods and chattels whereof the aforesaid S. above now complaines And this c. Whereupon he prayes judgement whether the Action c. AND the aforesaid S. sayes that he by any thing before alleadged The Plaintiffe replied that he took them injuria sua propria without such a cause ought not to be debarred from having his Action aforesaid because he saith that the aforesaid I. as of his proper injury and without such a cause above by him the said I. alleadged the day and yeare aforesaid the aforesaid goods and chattels at St. John street aforesaid found hee took and carried away as the same S. by his Bill aforesaid above supposeth And this he prayeth may be enquired of by the Country And the aforesaid I. in like manner Therefore the Jury is to come before our Lord the King c. Justification in Trespasse for taking Cattel as a stray AND the aforesaid R. by T.B. his Attorney comes and defends the force and injury when c. And as to the coming by force and armes and also the whole Trespasse aforesaid besides the taking and leading away of two horses of the aforesaid three horses the same R. sayes that he is in nothing guilty c. And as to the taking and leading away of two of those horses the same R. sayes that the aforesaid T. Poultrey ought not to have his action aforesaid against him because hee saith that the place in which the Trespasse aforesaid was supposed to be done is and the said time wherein c. was eight acres of Meadow in Shouley aforesaid called Salmons Meade parcel of the Mannor of S. otherwise C. within which said Mannor the same R. and all his antecessours whose heire he is And all others whose estate hee the said R. now hath in the said Mannor have had view of Franke Pledge Wayfes and Strayes within the same Mannor from time out of minde And the same R. sayes that the aforesaid two horses before the said time wherein c. came within the Mannor of S. aforesaid and there remained before the said time wherein c. by the space of one yeare and one day as Strayes And the aforesaid R. made publicke Proclamation in the Market of the Village of St. Albans and in divers Churches and Markets being neer there according to the laudable custome of that Country used And none came to claime the property of the said two horses within the aforesaid one year and one day By which the same R. in the aforesaid eight acres of Meadow seized and took the aforesaid two horses as his proper goods and chattels Traverse the place of taking Without that that the same R. took those two horses within the Precinct of the aforesaid Mannor of Shouley Berry in manner and form as the aforesaid T. above against him complaineth And this c. Whereupon he prayes judgement whether the aforesaid T. ought to have his action aforesaid against him c. Issue upon the traverse AND the aforesaid T. sayes that he by any thing before c. ought not to be debarred c. Because he saith that the aforesaid R. took the aforesaid two horses within the Precinct of the aforesaid Mannor of S. M. in manner and forme as the same T. above against him complaineth And this he prayes may be enquired of by the Country And the aforesaid I. in like manner Therefore the Jury is to come before our Lord the King c. AND the aforesaid A by G. T. his Attorney comes and defends the force and injury when c. And sayes The Defendant pleads the property of the horse in a stranger who in publick Market fals to the Defendant that the aforesaid C. ought not to have his action aforesaid against him because hee saith that before the property of the horse aforesaid was the aforesaid C. the property of the same horse did belong unto one B. And sayes that the Towne of Dorton is and from the time out of minde was an ancient Burrough within which said Burrough there hath been and from the whole time aforesaid was had a certaine Market on each Thursday weekly And sayes that the aforesaid B. of the aforesaid horse as of his proper horse being possessed long before the time of the Trespasse aforesaid supposed to be done that is to say such a day and year at D. aforesaid in full Market there for 6 l. to the aforesaid B. in hand
paid that horse to him the said A. hee sold And the same horse to him the said A. then and there delivered By vertue of which said sale and delivery of that horse as of his proper horse was possessed and as yet is And the aforesaid C. the horse aforesaid out of the possession of him the said B. took and was thereof possessed untill the same A. the same horse as his proper horse at S. aforesaid at the time of the Trespasse aforesaid supposed to be made out of the possession of the aforesaid B. by means of the sale and delivery aforesaid he againe took and led away as it was lawfull for him to do And this c. Whereupon hee demands judgement c. AND the aforesaid C. sayes that he by any thing before alleadged The Plaintiffe pleads the property in another stranger who sold to him and traverses the sale made to the Defendant ought not to be debarred from having his action aforesaid against him c. because by protestation that the aforesaid propriety of the horse aforesaid was never the aforesaid B. for Plea he saith that long before the time of the Trespasse aforesaid made the propriety of the horse aforesaid was one T.H. which said T. of that horse as of his proper horse then being possessed that horse to him the said C. long before the said time wherein the Trespasse aforesaid was made to wit such a day and yeare and place and County for a 100 s. to him the said T. in hand paid sold to him the said C. the horse aforesaid And that horse to him the said C. then and there delivered By vertue of which said sale and delivery the same C. of that horse as of his proper horse was possessed untill the aforesaid A. the horse aforesaid at S. aforesaid at the time of the Trespasse aforesaid made by force and arms out of the possession of him the said C. he took and led away as he by his aforesaid Writ and declaration above against him complaineth Without that A Traverse of the sale to the Defendant that the aforesaid B. the horse aforesaid to the aforesaid A. at D. aforesaid the aforesaid such a day and yeare sold in manner and forme as the aforesaid A. above alleadgeth And this c. Whereupon for that the aforesaid A. the Trespasse aforesaid above acknowledgeth hee prayes judgement and his damages by occasion of the Trespasse aforesaid to be adjudged unto him c. Issue upon the Traverse AND the aforesaid A. sayes that the aforesaid B. the horse aforesaid to the aforesaid A. at D. aforesaid the day and year aforesaid sold in manner and form as he above hath alleadged And of this he puts himselfe upon the Country And the aforesaid C. in like manner c. Therefore the Jury is to come c. Institutions in trespasse for want of reparation of the hedges by the Plaintiffs Trin. 22. Hen. 6. Rol. 89. AND the aforesaid T. and I. by I.H. their Attorney come and defend the force and injury where c. And as to the coming by force and armes c. not guilty And as to the breaking of the close aforesaid and the eating up treading downe and consuming of the grasse aforesaid the same T. and I. say that the aforesaid N. ought not to have his action aforesaid against them because they say that they at the time of the Trespasse aforesaid supposed to be made were and are seized of a certain close of pasture near adjoyning to the said close of the aforesaid N. in which the grasse aforesaid grew in K. aforesaid in their demesne as of Fee Between which said closes there is a certaine hedge separating each from other the aforesaid closes Which said hedge the aforesaid N. and all they whose estate the same N. hath in the close aforesaid from time out of minde were accustomed to make repaire and sustaine and say that that hedge for want of reparation and sustaining of the same was at the time of the Trespasse aforesaid supposed to be made broken downe and laid prostrate to the ground and that the Cattell of them the said T. and I. in their close aforesaid put to depasture into the said close of the aforesaid N. by the breach and decay of the said hedge did enter against the will of them the said T. and I. and the grasse aforesaid did eat up tread downe and consume the same T. and I. their Cattell aforesaid freshly pursuing into the said close of the said N. by the breach and decay aforesaid did enter to drive backe their cattell into the said close of them the said T. and I. and into that close speedily drove them as it was lawfull for them to doe which is the same Trespasse and breach of close and feeding treading downe and consuming the grasse aforesaid whereof the aforesaid N. above against them complaineth And this they are ready to aver c. whereupon c. The Defendants plead that the Vicar was seized in right of his Vicaridge and justifie as his servants Essex AND the aforesaid H.T.R. and VV. by T. G. their Attorney come and defend the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the breaking of the close and how aforesaid say that they are not guilty c. And as to the breaking of the close and house aforesaid they the same H.R. and VV. say that the aforesaid C. ought not to have thereof his action aforesaid against them because they say that the close and house aforesaid and also the place in which it was supposed the same Trespasse to be made The form of pleading where the quantity of the close is not ascertained in the Declaration was one house acre of Land with the appurtenances in Eastham aforesaid which are and the aforesaid time wherein c. were parcel of the Mannor of Eastham in the County aforesaid whereof before the said time wherein c. one I.R. Vicar of the Church of Eastham aforesaid was seized in his demesne as of Fee in right of his Vicaridge aforesaid by which the same H. R. and W. as the servants of him the said I. R. and by his command the aforesaid time wherein c. the close and house aforesaid did break as it was lawfull for them to doe And this c. Whereupon they pray judgement whether the aforesaid C. ought to have or maintaine his action aforesaid against them c. AND the aforesaid Plaintiffe sayes The plaintiffe replies that the Vicar demised to him c. that he by any thing before pre-alleadged ought not to be debarred from having his action aforesaid against them of the breach of the close and house aforesaid because he saith that it is well and true that before the said time of the Trespasse aforesaid made the aforesaid I.R. was seized of the aforesaid house and one
acre of Land with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid And being so thereof seized before the same time of the Trespasse aforesaid made to wit the first day of June in the 33 yeare of the Reigne of our Lord the King that now is at E. aforesaid in the County aforesaid demised the same Tenements with the appurtenances to him the said Plaintiffe To have and to occupy to him the said Plaintiffe and his assignes from the feast of the Nativity of St. John Baptist then next following untill the feast of St. Michael the Arch-angel in the 35 yeare of the Reigne of our Lord the King that now is By vertue of which demise hee the said Plaintiffe of the Tenements aforesaid with the appurtenances was possessed untill the aforesaid Defendants the day and yeare aforesaid in the Declaration aforesaid above specified by force and armes c. the close and house of him the said Plaintiffe at E. aforesaid they did break against the peace of our Lord the King that now is as he above against them complaineth And this c. Wherefore for that the aforesaid Defendants the breaking of the close and house aforesaid above acknowledgeth he prayes judgement and his damages by occasion of that Trespasse to be adjudged unto him c. The Defendants maintain their plea and traverse their Dâ—mise AND the aforesaid Defendants as formerly say that the aforesaid I.R. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid as they above have alleadged Without that that the aforesaid I.R. demised the Tenements aforesaid with the appurtenances to the aforesaid Plaintiffes as the same Plaintiffe above alleadgeth And this c. Whereupon as formerly he prayes judgement and that the aforesaid Plaintiffe may be debarred from having his action aforesaid of the breach of the close and house aforesaid against them c. Issue upon the Traverse AND the aforesaid Plaintiffe as formerly sayes that the aforesaid I. R. demised to him the said Plaintiffe the same Tenements with the appurtenances as he above hath alleadged And this bee prayes may be enquired of by the Country And the aforesaid Defendants in like manner c. Iustification in Trespasse by vertue of a demise made to the Testator who bequeathed the same to his wife AND the aforesaid R.F. by R. M. their Attorney come and defend the force and injury when c. And as to the coming by force and armes and whatsoever c. not guilty c. And as to the residue of the Trespasse aforesaid above supposed to be done the aforesaid R.F. sayes that the aforesaid R.R. and I. ought not to have their action aforesaid against him c. because hee sayes that the close and house aforesaid as also the place in which the trespasse aforesaid was supposed to be done was and the aforesaid time wherein the Trespasse aforesaid was supposed to be made were one Messuage and one close of Land containing in it fifteen acres of Land with the appurtenances in S. aforesaid whereof before the said time wherein c. one I. A. Esq was seized in his demesne as of Fee And so being thereof seized before the said time wherein c. to wit such a day year and place did demise the Tenements aforesaid with the appurtenances to one R.W. of c. To have and to hold to him and his Assignes from the feast of St. Michael the Archangel then next following unto the end and terme of forty years from thence next following and fully to be compleat and ended By vertue of which Demise the same R. W. was thereof possessed And so being thereof possessed before the said time wherein c. to wit such a day year and place made his last Will and Testament And by the same willed and declared that Elizabeth his wife immediately after the decease of him the said R. W. should have and enjoy his state terme and interest which he then had to come in the Tenements aforesaid The forme of pleading where the Lease accrued to the husband under the wifes title with the appurtenances And afterwards and before the said time wherein c. the same R.VV. dyed After whose death the aforesaid E. was of the Tenements aforesaid with the appurtenances possessed and so being thereof possessed before the said time wherein c. to wit such a day year and place took to husband him the said R. F. By which he the said R. F. was of the Tenements aforesaid with the appurtenances possessed and the aforesaid Plaintiffes claiming the Tenements aforesaid with the appurtenances by colour of a certaine Deed of Demise to them thereupon made for terme of their life by the aforesaid I.A. long before the aforesaid Demise by the same I. A. to the aforesaid R. W. thereupon in forme aforesaid made where nothing of these Tenements with the appurtenances into the possession of them the said Plaintiffes by that Deed ever passed into the Tenements aforesaid with the appurtenances before the said time wherein c. did enter Upon whose the said Plaintiffes possession thereupon the same Defendant afterwards to wit the same time wherein c. into the same Tenements with the appurtenances did re-enter and the grasse aforesaid then there growing which the aforesaid Cattell did eat up tread down and consume and the ground aforesaid in the aforesaid fifteen acres of Land with his ploughes aforesaid he did break up as it was lawfull for him to do And this c. Wherefore he prayes judgement whether the action c. AND the aforesaid Plaintiffe sayes The Plaintiffe pleads that before the domâ—se c. the aforesaid Feoffee enfeoffed the Plaintiffe and others to the use of a stranger that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid Defendants because he sayes that before the aforesaid time of the Trespass aforesaid made the aforesaid I.A. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee and so being thereof seized before the said time wherein c. and before the aforesaid foure and twentieth day of September in the year c. of the same Tenements with the appurtenances enfeoffed them the said Plaintiffes and one R. E. Knight and W. L. to hold to them and their heires for ever to the use of one T. A. son and heir apparent of the aforesaid I. A. and Mary the wife of him the said T.A. and the heires of their bodies of them lawfully begotten By vertue of which said Feoffement they the said Plaintiffes and R. and W. were thereof seized in their demesne as of Fee to the same use And the said Plaintiffes and R. and W. to that use being so thereof seized the aforesaid J.A. the aforesaid foure and twentieth of September in the eighteenth year aforesaid with the appurtenances
to the aforesaid R.W. To have and to hold to him and his assignes from the aforesaid feast of St. Michael the Arch-angel from thence next following unto the end and terme aforesaid By vertue of which demise hee the said R. W. was thereof possessed and so being thereof possessed the aforesaid such a day and year and place made his last Will and Testament in writing and by the same willed and declared that the aforesaid Elizabeth his wife immediatly after his decease should have and enjoy his state terme and interest which he then had to come in the Tenements aforesaid with the appurtenances and after the same R.VV. dyed after whose death the aforesaid E. into the Tenements aforesaid entred and was thereof possessed and so being thereof possessed afterwards to wit the aforesaid tenth day of M. in such a yeare aforesaid the same E. tooke to husband the aforesaid Defendant By which the same Defendant was of the Tenements aforesaid with the appurtenances possessed as he above hath alleadged and hee being so thereof possessed the aforesaid R.E. and VV.L. before the time wherein c. at London in the Parish c. dyed after whose death the same Plaintiffes before the said time wherein c. into the Tenements aforesaid with their appurtenances did re-enter and were thereof seized in their demesne as of fee to the use aforesaid by right accruing c. And further the same Plaintiffes say that the Trespasse aforesaid whereof they now complaine was made in the Mid-time between the aforesaid Feoffement by the aforesaid I. A. to them the said Plaintiffes and the aforesaid R.E. and VV.L. of the Tenements aforesaid with the appurtenances in forme aforesaid made and the said Re-entry of them the said Defendants in the same and this c. VVhereupon for that the aforesaid Defendants the Trespasse aforesaid in the Tenements aforesaid above acknowledged they the said Plaintiffes pray judgement and their damages by occasion of that Trespasse to bee adjudged unto them c. The Defendant maintaines his Plea and tracurses the Feoffeoment AND the aforesaid Defendant sayes that before the said time wherein the Trespasse aforesaid was supposed to be made the aforesaid I. A. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee And so being thereof seized before the said time wherein c. to wit the aforesaid three and twentieth day of S. in the aforesaid such a year at S. aforesaid demised the same Tenements with the appurtenances to the aforesaid R.VV. to have and to hold to him the said R.W. and his assignes from the aforesaid feast of St. Michael the Archangel then next following unto the end and terme aforesaid By vertue of which demise he the said R.W. was thereof possessed and so being thereof possessed the aforesaid such a day year and place made his last Will and Testament and by the same willed and declared that the aforesaid Elizabeth his wife immediately after the decease of him the said R.W. should have his whole state terme and interest which he then had to come of and in the Tenements aforesaid with the appurtenances and afterwards the same R.W. at S. aforesaid dyed after whose death the aforesaid Elizabeth was of the Tenements aforesaid with the appurtenances possessed and so being thereof possessed before the said time wherein c. at S. aforesaid took to husband the same Defendant By which the same Defendant before the said time wherein c. into the Tenements aforesaid with the appurtenances did enter and was thereof possessed as hee above hath alleadged Without that that the aforesaid I. A. before the aforesaid such a day and year enfeoffed the aforesaid Plaintiffes and others of the Tenements aforesaid with the appurtenances The traverse of the Feoffement To hold to them and their heires for ever to the use of the aforesaid T.A. and M. and the heires of their bodies lawfully begotten as the aforesaid Plaintiffes above have alleadged And this c. VVhereupon he prayes judgement And that the aforesaid Plaintiffes may be debarred from having their action aforesaid against him c. AND the aforesaid Plaintiffes as formerly Issue upon the Traverse say that the aforesaid I.A. before the aforesaid foure and twentieth day of S. in the aforesaid such a yeare enfeoffed them the said Plaintiffes and the aforesaid R.E. and W. of the Tenements aforesaid with the appurtenances to hold to them and their heires to the use of the aforesaid T.A. and M. and the heires of their bodies lawfully begotten as they above have alleadged And this they pray may be enquired of by the Country And the aforesaid Defendants in like manner c. Therefore it is commanded the Sheriffe that he cause to come c. AND the aforesaid T.P. by R. F. his Attorney comes and defends the force and injury when Iustification in Trespasse for the taking of goods by pretext of gift from the Plaintiffe to the Defendants wife while she was sole c. And as to the coming by force and arms c. not guilty And as to the residue c. the same T. not acknowledging himselfe to have taken and carried away so many goods or chattels nor that the goods or chattels were of so much value as by the Writ and Declaration aforesaid is supposed saith that the aforesaid I. E. ought not to have his action aforesaid against him because he saith that the aforesaid I. before the said time wherein the Trespasse aforesaid is supposed to be made to wit such a yeare and place gave to one A. the wife of the aforesaid T. the goods and chattels aforesaid to hold to him and his assignes for ever By vertue of which said gift the same A. was thereof possessed and afterwards tooke to husband the same Defendant And that the aforesaid A. was possessed of the goods and chattels aforesaid at the time wherein the aforesaid Defendant took her to wife By which the same Defendant the goods and chattels aforesaid as his own proper goods and chattels at the time wherein the Trespasse aforesaid was supposed to bee done at R. there found tooke and carried away as it was lawfull for him to doe And this hee is ready to averre Whereupon hee intendeth not any injury in that behalfe should be assigned to his person c. The Plaintiffe said that the wife of the Defendant while she was sole give backe to him the goods AND the aforesaid Plaintiffe not acknowledging any thing by the aforesaid Defendant before alleadged to be true sayes that he by any thing pre-alleadged ought not to be debarred from having his action aforesaid against him c. because he saith that before the aforesaid time wherein c. there was certaine communication had between him the said Plaintiffe and the aforesaid A. of Matrimony between them to be contracted And thereupon the aforesaid A. him the said Plaintiffe treated with such flattering and dissembling
speeches that the same Plaintiffe beleeving that she would give her consent to such Matrimony The goods and chattels aforesaid to her the said A. the aforesaid day year and place did give And afterwards the aforesaid A. turning her heart from the aforesaid Plaintiffe on the aforesaid Defendant to have him for her husband after the gift aforesaid the aforesaid A. coming to the Village of R. aforesaid such a day and yeare the goods and chattels aforesaid to him the said Plaintiffe then and there gave backe againe what time the aforesaid A. was sole By pretext whereof the same Plaintiffe was thereof possessed until the aforesaid Defendant by force and armes the goods and chattels aforesaid at R. found took and carried away against the peace of our Lord the King that now is and the same Plaintiffe above against him complaineth And this c. Whereupon for that the aforesaid Defendant above acknowledgeth the Trespasse aforesaid he prayes judgement and his damages by occasion of that Trespasse to bee adjudged unto him c. Issue upon the giving back of the goods AND the aforesaid Defendant not acknowledging any thing by the aforesaid Plaintiffe before alleadged to be true sayes that the aforesaid A. after the Gift aforesaid to her by the aforesaid Plaintiffe of the goods and chattels made did not give backe againe the aforesaid goods and chattels to him the aforesaid Plaintiffe as the same Plaintiffe above hath alleadged And of this hee puts himselfe upon the Country c. And the aforesaid Plaintiffe in like manner c. The Defendant justifies for that the goods were pawned to the Plaintiffe and be pawned them to another who delivered them to the Defendant to be safely kept and to whom the Defendant afterwards the same re-delivered AND the aforesaid W.B. by I.C. his Attorney comes and defends the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the taking and carrying away of one bolle of Gold and one bolle of Silver and gilt and one cup of Gold sayes that in nothing thereof guilty c. And as to the taking and carrying away of the aforesaid one bolle of Gold one bolle of Silver and gilt and one cup of Gold the same Defendant not acknowledging these goods and chattels to have been of such value as by the Declaration aforesaid is supposed sayes that the aforesaid W.C. ought not to have his action c. because he saith that one R.C. was Proprietor of these goods and in the possession of them long before the aforesaid Plaintiffes had any thing in them And so being Proprietor and possessed such a day yeare and place pawned to the aforesaid Plaintiffe those goods and chattels for forty Marks of him the said Plaintiffe by him the said R.C. of loan received under such a condition that if the aforesaid R. C. should pay to the said plaintiffe the aforesaid forty Marks before the feast of the Birth of our Lord then next following Then he the said Plaintiffe should re-deliver to the aforesaid W. those goods and chattels otherwise he should keep them safe until he should be fully satisfied and paid the aforesaid forty Marks By vertue of which said pawnings the said Plaintiffe was possessed of these goods and chattels under the condition aforesaid And so being thereof possessed the same goods and chattels further pawned to one W. G. for other forty Marks of him the said W. by him the said Plaintiffe of loan received under such condition that the aforesaid W.G. those goods and chattels to them the aforesaid R.C.W.C. who should pay and deliver those forty Marks to him the said W.G. should re-deliver and sayes that these forty Marks to the aforesaid W.G. at the time when the Trespasse aforesaid was supposed to be made were not paid and fearing and supposing the same goods and chattels could not be kept secure in the house of him the said VV. G the same goods and chattels before the aforesaid feast of the Birth of our Lord at C. aforesaid delivered to him the said Defendant to be safely kept And to him the said VV. G when he should bee thereunto required to bee re-delivered and sayes that he contemned the keeping of those goods knowing them to be his by wicked profit and being unwilling for that cause to keep them any longer the same goods and chattels at the time when the Trespasse aforesaid was above supposed to bee made from a certaine chest where in his house at C. aforesaid they lay hee took and to the house of the aforesaid VV. G. in the same Village he carried and the same to him the said VV. G then and there delivered which said taking and carrying of the goods and chattels aforesaid by the cause aforesaid are the same taking and carrying away of the aforesaid goods and chattels of which the aforesaid Plaintiffe above now complaineth And this c. VVhereupon he prayes judgement whether the Plaintiffe ought to have or maintaine his action aforesaid against him c. The Plaintiffe pleads that I.C. pawned the goods unto him and payed not the summe for which they were pawned and traverses that she pawned them in mannor and forme c. AND the aforesaid Plaintiffe not acknowledging any thing by the aforesaid Defendant before alleadged to be true sayes that hee by any thing afore alleadged ought not to bee debarred from having his action aforesaid against him for the aforesaid taking and carrying away the aforesaid goods and chattels which the aforesaid Defendant above acknowledgeth because he saith that the aforesaid R.G. the aforesaid such a day and yeare at C. aforesaid pawned to him the said Plaintiffe these goods and chattels for forty Marks of him the said Plaintiffe by him the said R. of loan received under such condition that if the same R. should pay to him the said Plaintiffe these forty Markes before the feast of the birth of our Lord then next following then the same goods and chattels to him the said R. should be delivered otherwise to the same Plaintiffe they should remaine as his proper goods and chattels to him by the aforesaid R. sold for the aforesaid forty Marks and sayes that the aforesaid R. paid not to him the said Plaintiffe the aforesaid forty Marks before the aforesaid feast of the birth of our Lord By which the same goods and chattels the taking and carrying away whereof the aforesaid Defendant above acknowledgeth to him the said Plaintiffe as his proper goods and chattels did remaine And the aforesaid Defendant the aforesaid time wherein the Trespasse aforesaid was supposed to be done by force and armes of his proper injury the same goods and chattels at C. found took and carried away as the same Plaintiffe above against him complaineth Traverse Without that that the same Plaintiffe pawned to the aforesaid W.G. these goods and chattels for forty Marks as the aforesaid Defendant above alleadgeth And
this c. Whereupon for that the aforesaid Defendant above acknowledgeth the taking and carrying away of the goods and chattels aforesaid he prayes judgement and damages by occasion of the Trespasse aforesaid to be adjudged unto him c. Issue upon the Traverse AND the aforesaid Defendant sayes that the aforesaid Plaintiffe pawned to the aforesaid W. G. the aforesaid goods and chattels the taking and carrying away whereof the same Defendant above acknowledgeth for forty Marks as the same Defendant hath above alleadged And of this he puts himselfe upon the Country And the aforesaid Plaintiffe in like manner c. Justification in Trespasse for killing Hogs and Sheep as the servant of the Plaintiffe being a Butcher AND the aforesaid T. by W.T. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes and whatsoever is against the peace c. besides the killing of the Hogs and Sheep aforesaid sayes that he is not guilty And as to the residue of the Trespasse aforesaid above supposed to bee done the same Defendant sayes that the aforesaid Plaintiffe ought not to have his action aforesaid against him because he saith that hee all the time of that Trespasse supposed to be made and long before was servant of the aforesaid Plaintiffe to serve him in the service of a Butcher And that the same Plaintiffe before the time of the Trespasse aforesaid supposed to be made at B. aforesaid commanded him the said Defendant then his servant in form aforesaid the Hogs and Sheep aforesaid the said time wherin c. as best conduced with his and of a Butcher to kill and the flesh thereof to put to sale By which the same Defendant the Hogs and Sheep aforesaid the aforesaid time wherein c. as best conduced to his art of a Butcher he did kill as it was lawfull for him to doe And this c. Whereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against him c. AND the aforesaid Plaintiffe sayes that he by any thing by the aforesaid Defendant before alleadged ought not to be debarred from having his action aforesaid against him because hee saith the aforesaid Defendant maliciously of his proper injury the Hogs and Sheep aforesaid the said time wherein c. he killed Without that Traverse that the same Plaintiffe commanded him the said Defendant to kill the Hogs and Sheep aforesaid in the forme wherein the same Defendant above by pleadings hath alleadged And this c. Whereupon for that the aforesaid Defendant above acknowledgeth the Trespasse aforesaid he prayeth judgement and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid Defendant sayes Issue upon the Traverse that the aforesaid Plaintiffe commanded him the said Defendant to kill the Hogs and Sheep aforesaid in the form wherein he the said Defendant above by pleading hath alleadged And of this hee puts himselfe upon the Country And the aforesaid Plaintiffe in like manner c. Therefore as well c. AND the aforesaid W. by I. R. his Attorney comes and defends the force and injury when c. Iustification in a Trespasse for a horse or foot way leading from one Village to another And as to the coming by force and armes and whatsoever c. and the whole Trespasse aforesaid besides the breaking of the Parke aforesaid â— yes that he is in nothing thereof guilty c. And as to the breaking of the Parke aforesaid the same Defendant sayes that the aforesaid Plaintiffe ought not to have his action aforesaid against him because he saith that within the Parke aforesaid there hath been had and time out of minde there was had a certain common high-way leading from the Village of A. unto the said Village of B. in the same County by the middle of the Park aforesaid for all men from the same Village of A. unto the same Village of B. by the same way for the same whole time willing to ride or walke by pretext whereof the same Defendant the said time wherein c. by the same common way within the Parke aforesaid did ride from the same Village of A. unto the aforesaid Village of B. which said riding within the Parke aforesaid is the same breaking of the Park aforesaid whereof the aforesaid Plaintiffe above now complaineth And this c. VVhereupon c. The Plaintiffe replyes that hee did it of his proper injury AND the aforesaid Plaintiffe sayes that he by any thing before prealledged ought not to be debarred from having his action aforesaid against the aforesaid Defendant for the breach of the Park aforesaid because he saith that the aforesaid Defendant the aforesaid time wherein c. by force and arms of his own proper injury broke the Park aforesaid Traverse the prescription VVithout that that there is had or time out of minde there was had such a common high-way leading by the middle of the Parke aforesaid as the aforesaid Defendant above by pleading hath alleadged And this c. VVhereupon for this c. he prayes judgement and his damages c. to be adjudged unto him c. Issue upon the Traverse AND the aforesaid Defendant sayes that there is had and from the time out of minde there hath been had such a common high-way leading by the middle of the Parke aforesaid as hee the same Defendant above by pleading hath alleadged And of this he puts himselfe upon the Country and the aforesaid Plaintiffe in like manner Therefore the Jury thereupon is to come c. Iustification in Trespasse by license AND the aforesaid I. by I.R. his Attorney comes and defends the force and injury when c. And as to the coming by force and armes or any thing c. as also the whole Trespasse besides the breaking of the house aforesaid sayes that he is not guilty c. And as to the Trespasse aforesaid of breaking the house aforesaid above supposed to be done the same Defendant sayes that the aforesaid Plaintiffe ought not to have his action aforesaid thereupon against him because he saith that the same Plaintiffe long before the same time wherein c. at Westminster in the County of Middlesex licensed him the said I. to enter into the house aforesaid By which the same Plaintiffe long before the said time wherein c. at Westminster in the County aforesaid finding the doors of the house open he peaceably entred that house as it was lawfull for him to doe which is the same breaking of the same house whereof the aforesaid Plaintiffe above against him complaineth And this he is ready to aver VVhereupon hee demands judgement whether the aforesaid Plaintiffe ought to have his action against him c. The Plaintiffe replies that hee did it of his proper injury â—â—ll traverses the License AND the aforesaid Plaintiffe sayes that he by any
thing pre-alledged ought not to bee debarred from having his action aforesaid of the breach of the house aforesaid against the aforesaid Defendant because he saith that the same Defendant of his owne proper injury the said time wherein c. by force and armes aforesaid the house aforesaid he did in manner and form as the same Plaintiffe above against him complaineth Without that that the same Plaintiffe licensed the aforesaid Defendant to enter the house aforesaid Traverse as the same Defendant above by pleading hath alledged And this c. Whereupon for that the same Defendant the Trespasse aforesaid above acknowledgeth he prayeth judgement and his Damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid Defendant as formerly saith Issue upon the Traverse that the aforesaid Plaintiffe licensed him the said Defendant to enter into the house aforesaid in the forme wherein he the Defendant above by pleading hath alleadged And of this he puts himselfe upon the Country And the aforesaid Plaintiffe in like manner c. Therefore the Jury is to come between them c. AND the aforesaid R.P. and I.R. by L.S. their Attorney come and defend the force and injury when c. Iustification for that the Plaintiffe was suspected for a Felâ—â— And as to the coming by force and armes and whatsoever which is against the peace of our Lord the King that now is as also the Trespasse aforesaid of woundings supposed to be made sayes that he is in nothing thereof guilty And as to the residue of the Trespasse aforesaid above supposed to be done the same R. and I. say that the aforesaid W. ought not to have his action aforesaid against them because they say that long before the said time wherein the trespasse aforesaid was supposed to be made to wit the tenth day of January in the eighth yeare of the reigne of our Lord the King that now is one I.S. at Norwich aforesaid in his house there was feloniously spoiled and robbed of two silver Spoons to the value of 10 s. And that the aforesaid W. divers daies and times before the felony aforesaid made frequented the house of him the said I.S. aforesaid suspiciously without any reasonable cause there to be had And that the aforesaid W. R. the said time of the felony aforesaid done was in the house of the aforesaid I.S. by which the same R. and I.R. had suspicion the aforesaid W.R. to have committed the felony aforesaid And that the aforesaid R. and I.R. the same time wherein c. being then Sheriffes of the City aforesaid softly laid their hands upon him the said W.R. the same time wherein c. And the same W. R. for suspicion of the Felony aforesaid the same time wherein c. they tooke and him the said W. to the Goale of our Lord the King within the City aforesaid there to be safely kept for the same Felony the said time wherein c. they lead and imprisoned as it was lawfull for them to doe which said softly laying on of their hands of them the said R. and I.R. upon the aforesaid W.R. and the taking of him the said W. R. and the leading and imprisoning of him out of the cause aforesaid are the same assault beating and imprisonment whereof the aforesaid W.R. above complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid W.R. ought to have his action aforesaid against them c. AND the aforesaid Plaintiffe sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid against them because he saith that the aforesaid R. and I. R the day and yeare aforesaid of his own proper injury by force and armes without any such cause by them the said R. and I.R. above by pleading alleadged on him the said W.R. at Norwich aforesaid they made an assault and him did beate wound imprison and evill intreate in the manner and forme as the aforesaid W.R. above against them complaineth And this he prayeth may be enquired of by the Country c. Iustification upon imprisonment and assault by vertue of a Warrant of the Peace Mich. 8. Hen. 8. Rolle 77. Staff ss AND the aforesaid H.W. by W.F. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes or whatsoever is against the peace c. not guilty and as to the residue of the Trespasse aforesaid above supposed to be done the same H. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that long before the said time wherein the trespasse aforesaid was supposed to be done on I.W. at Stafford in the County aforesaid came before R W. then one of the Justices of the Peace of our Lord the King assigned in the County aforesaid to be kept and there tooke his corporall oath that he grievously and manifestly went in danger of his life and maiming of his members by the aforesaid R.C. By which he the same I.W. long before the said time wherein c. at Stafford aforesaid at the Petition of the aforesaid I.W. directed a certaine precept of our Lord the King to the aforesaid H. W. then being Bailiffe of R. and to the Constable of R. aforesaid and to either of them joyntly and divided commanding them by that precept that they cause to come the aforesaid R. C. before the aforesaid R. W. or one of his Companions Justices of the peace of our Lord the King in the County aforesaid to find sufficient security of the peace of our Lord the King towards the Lord the King and all his people and cheifly against the aforesaid H.W. to be given And if the same R.C. should refuse to doe this then the same H. and the aforesaid Constable the same R.C. unto the next Goale of our Lord the King in the County aforesaid should cause to bee led or one of them should cause to be led there to stay untill he would freely doe this By reason of which precept the aforesaid H.W. before the said time wherein c. did repair to the aforesaid R.C. at R. aforesaid and shewed to the aforesaid R.C. there the precept aforesaid then and there further requiring the same R. to find before the said R. W. or one of his companions Justices of the peace of our Lord the King in the County aforesaid then being to find security for bearing the peace of our Lord the King in form aforesaid and the same R. this to do then at R. aforesaid upon which the same A.W. him the said R. then and there the said time wherein c. arrested and him in bringing towards the prison of our Lord the King at the Castle of Stafford in the County aforesaid imprisoned by the time aforesaid and his hands upon him the said R. in that arresting and leading did softly lay as it was lawful for him
to do which said arrest and leading to the prison aforesaid and laying hands upon him the said H. are the same taking imprisoning and ill handling whereof the aforesaid R. above complaines And this c. whereupon he prayes judgement whether the action c. AND the aforesaid R. saies that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the said H. W. Because by protestation not acknowledging any thing by the aforesaid H. above alleadged to be true for plea he saith The Plaintiffe replies that he offered security that he before the time of the Trespasse aforesaid made and the time wherein c. offered the aforesaid H. to finde sufficient security before T. Partridge then one of the Justices of the peace of our Lord the King for the same County assigned to be kept according to the form of the aforesaid precept by the said I.W. to him directed which to doe the same H. refused Without that that the same R.C. refused to come before the Justices of the Peace in manner and form as the aforesaid H. hath above alleadged Traverse the denying to come before the Iustices And this c. whereupon for that the aforesaid H. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid H sayes Issue upon the Traverse that the aforesaid R. refused to come before the Justices of our Lord the King to find sufficient security in manner and forme as the same H. above hath alleadged and of this he puts himselfe upon the Country And the aforesaid R.C. in like manner c. Justification by vertue of a common Watch according to the forme of the Statute of Winchester AND the aforesaid G. by I.W. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and whatsoever is against the peace of our Lord the King as also the whole Trespasse aforesaid besides the assault and imprisonment above supposed to be made sayes that hee is not guilty c. And as to the assault and imprisonment supposed to be made the same G. sayes that the aforesaid T. ought not thereupon to have his action aforesaid against him because he saith that in the Statute in the Parliament of Edward the first late King of England Progenitor of our Lord the King that now is at Winchester in the thirtieth yeare of his Reigne held published amongst other things It was ordained and established that watches should be made as more anciently they were wont to be that is to say from the day of the Ascension of our Lord unto the feast of St. Michael the Arch-angel that is to say in each City by six men at each Gate of the same and in every Town by twelve men and in every entire Village by six or foure men according to the number of the people inhabiting in them And that the Watches should be kept by the whole night from the Sun-set to the rising of the Sun so that if any stranger should make his journey through them he should be arrested until the morning following And if no suspicion should be then found of him that then hee should from thence goe quit as in the same Statute more fully is contained And further the same G. sayes that he at the time of the Trespasse aforesaid above supposed to be made was dwelling in the said Village of W. together with other the inhabitants his neighbours about him in the same Village were assigned to keep the Watches there and sayes that the aforesaid T. the time of the Trespasse aforesaid supposed to be made to wit such a day year and place came suspiciously to the Village aforesaid after Sun-set and before the rising of the same that is to say about the houre of eleven in the same night By which the same G. then came to the aforesaid T. and him at the same time wherein c. he arrested and detained him with him untill the morning following and compelled him to stay there according to the forme of the Statute aforesaid as it was lawfull for him to doe which said coming unto and detention by the cause aforesaid in form aforesaid is the same assault and imprisonment whereof the aforesaid T. above now complaineth And this he is ready to aver VVhereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against him c. Middlesex AND the aforesaid C. Crips Iustification by a Constable for taking a Where Mich. 2. Hen. 8. Rot. 103. and E. by T.R. their Attorney come and defend the force and injury when c. And as to the coming by force and armes And whatsoever which is against the peace c. as also the whole Trespasse aforesaid besides the assault beating evill handling and imprisonment by the space aforesaid supposed to be made the same C. and E. say that they are in nothing thereof guilty c. And as to the assault beating evill handling and imprisonment the same E. and C. say that the aforesaid M. ought not to have her action aforesaid against them because they say that the aforesaid M. long before the said time of the Trespasse aforesaid supposed to be made was a publick notorious and common Whore and had carnall knowledge with many and divers common men unknowne to him the said C. at many and divers times And the same C. and E. say that at the time wherein the Trespasse aforesaid was supposed to be made and long before the same C. was Constable of our Lord the King in the aforesaid Parish of St. Andrews and that before the said time of the Trespasse aforesaid supposed to bee done was given to understand by certaine of his neighbours very carefull of keeping the peace of our Lord the King and willing to avoid ill government he being then Constable of our Lord the King as aforesaid that the aforesaid M. at the aforesaid Parish of St. Andrews then lay and lodged in bed with a certaine man unknowne to the same neighbours and also that divers loose men and vagabonds and very many unknowne persons made many brawlings scoldings cryings out uproars there between themselves and strove together which of them should first have the carnall knowledge of her the said M. and should then use her as their Whore By reason of which information he the said C. then there being Constable as he was by oath bound for the preservation of the peace of our Lord the King and the avoyding of the premises and the ill government aforesaid repaired to a place in the Parish aforesaid where then the aforesaid M. and other the men vagabonds aforesaid then were supposed to be as to see if the same M. and the rest of the aforesaid men vagabonds behaved themselves there as hee was given to understand the aforesaid time wherein the
Trespasse aforesaid was supposed to be done And the aforesaid Vagabonds perceiving afarre off the coming of him the said C. then being Constable before he could approach unto them they fled away so that the said C. could not arrest them but the aforesaid M. with a certain man to whom unknown in bed there the aforesaid time wherein the Trespasse aforesaid was supposed to be done he found lying like a whore at the Parish aforesaid And because the same M. behaved her selfe then and sometimes before so evilly and for that cause very many evill persons and disturbers of the peace of our Lord the King there had often disturbed the Constable and very many of the neighbours there And she the said M. although oftentimes thereupon then and before to desist from the premises by him the said Constable had been required would not reforme or justifie herself thereupon neither by the law of God nor the King by which the same C. then being Constable of our Lord the King and the aforesaid E. with the same C. her husband by his command coming to his help their hands upon the aforesaid M. there so lodging in bed with the aforesaid unknowne man softly laid hand on and took her from that bed and her the said M. as well for her punishment as to the terrour of other the like whores whereas by the consideration and distinction of him the said C. then and there in the Stocks according to the Law of the Land they put and kept by the space aforesaid as it was lawfull for them to doe which said laying on of their hands of them the said C. and E. on the aforesaid M. and the taking out of the bed aforesaid as also the putting into the Stocks of the said M. are the aforesaid assault beating evill handling and imprisonment whereof the aforesaid M. by her bill above against them complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid M. ought to have or maintaine her action aforesaid in this behalfe against them c. The Plaintiffe replies that it was done of their proper injury without any such cause AND the aforesaid M. sayes that shee by any thing before pre-alledged ought not to be debarred from having her action aforesaid against them the said C. and E. of the aforesaid assault beating evill handling and imprisonment because she saith that the aforesaid C. and E. the day and yeare above written by force and armes aforesaid of their proper injury without such cause by them the said C. and E. above alleadged on her the said M. at the aforesaid Parish of St. Andrews they made an assault and so did wound evill intreat and imprison by the space aforesaid in manner and forme as shee the same M. above against them complaineth And this shee prayes may be enquired of by the Country And the aforesaid C. and E. in like manner c. Iustification of an imprisonment by vertue of the Statute of Vagrants and Vagabonds of Rich. the second the 7. year of his reign Hil. 34. Hen. 8. Rolle 60. AND the aforesaid I.H. in his proper person comes and defends the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the Imprisonment of the aforesaid R.S. the same I. H. sayes that he is not guilty c. And as to the Imprisonment of the aforesaid R. the same I. H. sayes that the aforesaid R. ought not thereupon to have his action aforesaid against him because he saith that by the Statute of the Lord the King Richard the second late King of England at Westminster in the seventh yeare of his reigne by authority of the same Parliament amongst other things it was Enacted that all and singular Bailiffes of Liberties Constables and other Officers of Villages where Vagrants and Vagabonds frequent should have power diligently to examine them and of compelling them to finde sufficient pledges by sufficient manucaptors for their good behaviours And that if default be made in those Vagrants and Vagabonds and that they cannot finde pledges that then it shall be very lawfull for the aforesaid Bailiffes of Liberties Constables and other Officers of Villages the same Vagrants and Vagabonds to commit to the next Goale of our Lord the King within the County aforesaid where such Vagrants and Vagabonds frequent there to remain til the coming of the Justices of our Lord the King for the Goal Delivery within that County where such Vagrants and Vagabonds are imprisoned and that the same Justices shall doe with these Vagrants and Vagabonds as to them shall seem expedient And the same I. sayes that he at the aforesaid time of the Imprisonment aforesaid above supposed to be made was Bayliffe of our Lord the King of St. Edmonds Bury aforesaid And for that that the same I. the aforesaid time of the imprisonment aforesaid above supposed to be made found the same R. a Vagrant and Vagabond at and within the Village of St. Edmonds Bury frequenting The same I. being then Bayliffe of the Liberty aforesaid according to the forme of the Statute aforesaid the aforesaid R. then and there did diligently examine And as well for that upon the examination of the aforesaid R. it did sufficiently appear to him the said I. the said R. to be a Vagrant and Vagabond as for that that the same R. the same time wherein c. could not finde pledges and sufficient Manucaptors for his good behaviour according to the forme of the Statute aforesaid The same I. as Bayliffe of our Lord the King of the Liberty aforesaid according to the form of that Statute the aforesaid R. the aforesaid time wherein c. to the aforesaid Goale of our Lord the King of St. Edmunds Bury aforesaid he did commit there to remaine untill c. which said Goale is the next Goale of our Lord the King near the aforesaid Village of St. Edmunds Bury aforesaid which is the same Imprisonment of the aforesaid R. whereof the same R. above now complaineth And this he is ready to aver whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid in this behalfe against him c. The Plaintiffe sayes that he dwels in the County of W. his Trade there exercising AND the aforesaid R. sayes that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid I. because he saith that he the aforesaid time of the imprisonment aforesaid above made was dwelling conversant and Inhabiting at W. in the County aforesaid daily exercising the art called a Taylors craft Traverses the being a Vagrant Without that that the same R. the aforesaid time of the Imprisonment aforesaid above made was a Vagrant and Vagabond in manner and forme wherein the same I. in his bar by pleading above hath alleadged And this he is ready to averre whereupon for that
that the aforesaid I. the Imprisonment aforesaid above acknowledgeth he prayes judgement and his damages by occasion of that Imprisonment to be adjudged unto him c. Issue upon the Traverse AND the aforesaid I. as formerly saith that the aforesaid R. the aforesaid time of the imprisonment aforesaid above supposed to be made was a Vagrant and Vagabond as the same I. in his Barre above by pleading hath alleadged And of this he puts himself upon the Country and the aforesaid R. in like manner c. Iustifie imprisonment as by seising of the Ward within age for that the father held of him in Knights service Mich. 50. Hen. 6. Rolle 75. AND the aforesaid R.L. by W. B. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and the wounding aforesaid sayes that he is in nothing thereof guilty c. And as to the residue of the Trespasse aforesaid above supposed to be made sayes that no action c. because he saith that one W.C. was seized of one Messuage and one hundred acres of Land with the appurtenances in H. in the County of L. in his Demesne as of Fee and so being thereof seized the same Messuage and Land with the appurtenances he held of him the said R. as of his Mannor of H. in H. aforesaid in the County of L. by Knights service that is to say by Homage Fealty and Escuage of our Lord the King of 40 s. when it shall happen unto 10 s. and unto more more c. and unto lesse lesse c. And by doing service of suite unto the Court of him the said R. of his Mannor of H. aforesaid two times of the yeare by reasonable warning to him the said W. thereupon made of which said services the same R. was seized by the hands of the aforesaid W. C. as by the hands of his true Tenant and after and before the Trespasse aforesaid above supposed to be made the same W. dyed of such his Estate of and in the Messuage and Lands aforesaid with the appurtenances seized after whose death the same Messuage and Lands with the appurtenances did discend to the aforesaid H. as to the sonne and heire of the said W. which said H. as yet remaines within the age of one and twenty years By which the same R. after the death of him the said W. at the time of the Trespasse aforesaid supposed to be made as the Keeper of him the said H. during his minority by reason of his Tenure aforesaid his hands softly upon the said H. at H. aforesaid he laid and the body of him the said H. by reason of the premise he there seized and took and in his custody by the time aforesaid he kept as it was lawfull for him to do which said seizing and taking of him the said H. and laying hands of him the said H. out of the cause aforesaid and the keeping of him are the same assault beating imprisoning and evill handling whereof the aforesaid H. above now complaineth And this he is ready to aver Whereupon hee prayes jugdement whether the aforesaid H. ought to have his action aforesaid against him c. And the aforesaid H. sayes that he by any thing before by him the said R. pre-alleadged ought not to be debarred from having his action aforesaid against him of the assault beating evill handling and imprisonment aforesaid because by protestation that the aforesaid W. did not dye seized of the aforesaid Messuage and Lands for plea he saith that the same W. held six acres of Lands parcell of the aforesaid C. acres of Land at the time of the Trespasse aforesaid made of the said R. by fealty and rent of 20 d. by the yeare at the feasts of the birth of our Lord and S. Michael the Arch-angel by equall portions yearly to be paid for all services Without that that the said W. held the aforesaid Messuage Traverse the holding by Knights service and a hundred acres of Land with the appurtenances or any parcell thereof of the aforesaid R. by Knights service in the forme wherein the same R. above by pleading hath alleadged And this he is ready to aver Whereupon for that that the aforesaid R. above hath acknowledged c. he prayes judgement and his damages by occasion of that assault c. to be adjudged unto him c. AND the aforesaid R. sayes Issue upon the Traverse that the aforesaid W. held the aforesaid Messuage and a hundred acres of Land with the appurtenances of the aforesaid R. by Knights service in the forme wherein hee the said R. above by pleading hath alleadged And of this he puts himselfe upon the Country And the aforesaid H. in like manner c. Therefore the Jury between them is to come c. Trespasse and assault against the man and wife the man pleads not guilty and assault demesne for his wife AND the aforesaid T. and A. by W. F. their Attorney come and defend the force and injury when c. And the aforesaid T. sayes that he is in nothing thereof guilty c. And of this he puts himselfe upon the Country And the aforesaid H. and I. in like manner c. And the aforesaid T. and A. for the aforesaid A. say that as to the coming by force and armes or whatsoever which is against the peace c. say that shee is in nothing thereof guilty And of this they put themselves upon the Country and the aforesaid H. and I. in like manner And as to the residue of the Trespasse aforesaid above supposed to be made the same T. and A. for the aforesaid A. say that the aforesaid H. and I. ought not to have their action aforesaid thereupon against them because they say that the aforesaid I. the day and yeare aforesaid on her the said A at E. aforesaid made an assault and her there would beat wound and evill entreat unlesse she the said A. had then defended her selfe And so the evill if any to her the said I. then and there happened that was of the proper assault of her the said I. and in the defence of the said A. And this the same T. and A. for the aforesaid A. are ready to aver Whereupon they pray judgement whether the aforesaid H. and I. ought to have thereupon their action aforesaid against them c. AND the aforesaid H. and I. say that they by any thing before pre-alleadged ought not to bee debarred from having their action aforesaid against the said T. and A. for that they say that the aforesaid A. by force and armes of her proper injury and without such cause by them above alleadged on her the said I. the day and year above written made an assault and her the said I. did beat wound and evill treat as the same H. and I. above by their Writ and Declaration aforesaid against them complaine And this they pray may be
inquired of by the Country And the aforesaid T. and A. for the aforesaid A. in like manner c. One Defendant pleades for assault demesne and the other justifies as parting a Pray AND the aforesaid T. and R. by W. H. their Attorney come and defend the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the assault beating and evill handling aforesaid say that they are in nothing thereof guilty And as to the assault beating and evill handling the same T. R. say that the aforesaid Plaintiffe ought not thereupon to have his action aforesaid against them because the same T. sayes that the aforesaid Plaintiffe the day and yeare aforesaid at A. aforesaid on him the said T. made an assault and him then and there would have beat wound and evill handle By which the same T. himselfe against the aforesaid A. then and there did defend And the evill if any to him the said A. then and there happened That was of the proper assault of him the said A. and in the defence of him the said T. And the aforesaid R. sayes that for that that the aforesaid A. the day and yeare aforesaid at A. aforesaid on the aforesaid T. made assault and him would have beat wound and evill handle by which the same R. being then and there personally present for the preservation of the peace of our Lord the King lest one of them the said A. and T. should doe any corporall hurt each to the other he softly laid his hands as well upon the aforesaid A. as upon the aforesaid T. to separate them from being together Which said laying on of his hands out of the cause aforesaid is the same assault beating and evill handling whereof the aforesaid Plaintiffe above now complaineth And this they are severally ready to aver Whereupon they pray judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against them c. AND the aforesaid Plaintiffe sayes that he by any thing by them the said T. and R. before alleadged ought not to bee debarred from having his action aforesaid against them because he saith that the aforesaid T. and R. by force and armes of their owne proper injury and without such a cause by them above alleadged on him the said A. at A. they made an assault and him did beat wound and evill handle in manner and forme as he above by his Writ and Declaration supposeth And this hee prayes may be inquired of by the Country And the aforesaid T. and R. in like manner c. AND the aforesaid I. D. in his proper person comes An agreement pleaded in assault and battery and defends the force and injury when c. And as to the coming by force and armes or whatsoever which is against the peace c. sayes that he is in nothing thereof guilty And as to the residue of the Trespasse aforesaid above supposed to be done the same I. sayes that the aforesaid T. ought not to have his action aforesaid against him because hee saith that long after the Trespasse aforesaid was supposed to be made to wit the first day of May in the two and twentieth year aforesaid at M. aforesaid the same I. and T. by the mediation of R. D. and W.W. their friends in a friendly manner coming between them in such manner it was agreed together between them that is to say that the aforesaid I. should pay to the aforesaid T. in amends and satisfaction of that Trespasse a Pottle of Claret wine which said I. the same Pottle of Claret wine to the aforesaid T. then and there paid according to the force forme and effect of the concord aforesaid And this c. Whereupon he prayes judgement c. No such action pleaded ANd the aforesaid I.H. saies that he by any thing pre-alledged ought not to be debarred from having his action aforesaid because he saith that there was never any such agreement had between them the said I.H. and I.D. in manner and forme as the same I.D. hath above alledged by pleading And this he prayes may be inquired of by the Country and the aforesaid J.H. in like manner c. Justification of assault and battary by a Vicar for disturbance in the Church ANd the aforesaid T. by R.B. his Attorney comes and defends the force and injury when c. and as to the coming by force and arms and whatsoever which is against the peace c. saies that he is not guilty c. and as to the residue c sayes that the Plaintiff ought not to have his action aforesaid against him because he saith that he is and at time of the Trespasse aforesaid supposed to be made was Vicar of the Parish Church of the said village of S. And the aforesaid W. the same time wherein c. in the same Church at evening prayers then there celebrated did prattle and talke so loudly that the same evening prayers with that solemnity as it ought could not be celebrated by which the same T. as Vicar of the same Church and Curate aforesaid the same VV. then and there did Canonically reprove and by his authority in that behalfe admonish that he would desist there-from and the same W. this to doe did contumeliously deny By which the same T. on the same W. so disobeying him as his Curate did softly lay his hands upon him and him out of that Church did softly put out remove as it was lawful for him to do which said laying on of hands of him the said T. on the aforesaid W. out of the cause aforesaid is the aforesaid assault beating c. of the same W. whereof hee above against the same W. complaineth and this c. whereupon he prayes judgement whether the aforesaid W. ought in this behalfe to have his action aforesaid against him c. The Plaintiffes reply that he did it of his proper injury ANd the aforesaid Plaintiffe sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid against the aforesaid T. Because he saith that the aforesaid T. the day and year aforesaid of his proper injury and without any such cause by him above alledged on him the said W. at S. aforesaid hee made an assault and him did beate wound and evill handle in manner and form as the same W. above against him complaineth And this he prayes may be inquired of by the Country and the aforesaid T. in like manner c. ANd the aforesaid S.P. by R.H. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes or whatsoever which is against the peace Justifies the assault in the defence of his title to put the Plaintiffe out of the Houses c. as also the whole Trespasse aforesaid beside the breaking of the Closes and Houses aforesaid and the assault
aforesaid saies that he is nothing thereof guilty c. and as to the breaking of the Closes and Houses and the assault aforesaid the same S. sayes that the Plaintiffe ought not to have his action aforesaid against him Because he saith that the Closes and Houses as also the places in which the Trespasse aforesaid was supposed to bee made are and the aforesaid time wherein c. were seven Messuages and four Gardens with the appurtenances in the parishes of St. Sepulchers and St. Martins and St. Brigets aforesaid in the Ward aforesaid of which said seven Messuages and foure Gardens before the said time wherein c. one I.S. was seized of his demesne as of fee and so being thereof seized before the said time wherein c. thereof enfeoffed the aforesaid S.P. to hold for him and his Heires for ever By vertue of which Feoffement the same S. was thereof seized in his demesne as of Fee and the aforesaid E. claiming the Tenements aforesaid with the appurtenances by colour of a certaine Deed or Demise to him thereupon made for terme of his life by the aforesaid J.S. long before the said Feoffement of the same Tenements with the appurtenances to the aforesaid S. in forme aforesaid made were nothing of the same Tenements with the Appurtenances unto the possession of her the said E. ever passed into the same Tenements with the appurtenances before the said time wherein c. and enter upon whose said E. her possession thereupon the aforesaid time wherein c. peaceably re-entred and the Houses and Closes brok and upon the same E. then being there softly laid his hands and commanded her the said E. then and there to goe out of the Messuages and Gardens aforesaid under the danger which by the Law otherwise might come to her the said E. as it was lawfull for him to doe Which said soft laying on of hands and entry and breach of Closes and houses aforesaid out of the house aforesaid is the same assault whereof the aforesaid E. above now complaineth and this hee is ready to aver whereupon he prayes judgement whether the aforesaid E. ought to have her action aforesaid against him c. And the aforesaid E. sayes that she by any thing before pre-alledged ought not to be debarred from having her action aforesaid against him because she saith that as to the aforesaid Plea of him the said D. of the assault c. aforesaid above pleaded the same E. saith that the aforesaid S. the day and year in the said Declaration of her the said E. above specified at London aforesaid in the Parish and Ward aforesaid of his proper injury and without any such cause by him the said S. in his barre aforesaid above alleadged on her the said E. made an assault and her then and there beat c. in manner and forme as the same E. above by her Writ and Declaration above against him hath declared And this she prayes may be enquired of by the country And the aforesaid S. in like manner c. And as to the aforesaid Plea of the aforesaid S. to the breaking of the Closes and houses aforesaid above pleaded the same E. sayes that long before the said I. S. had any thing in the Tenements aforesaid with the Appurtenances the same E. was of the same Tenements aforesaid with the Appurtenances seised in her demesne as of Fee Until the aforesaid S. her the said E. long before the trespasse aforesaid made unjustly and without judgement disseised by which the same S. was of the same Tenements with the Appurtenances seized in his demesne as of Fee by disseisin and he by that disseisin being so c. The same S. before the said time wherein c. thereof enfeoffed the aforesaid I. S. to hold to him and his heires prove By vertue of which said Feoffement the said I.S. was thereof seized in his demesne as of Fee And so being thereof seized before the said time wherein c. thereof enfeoffed the aforesaid S. to hold to him and his heires for ever By vertue of which said Feoffmenent the same S. was of the same Tenements with the appurtenances seized in his demesne as of Fee in manner and form as the same S. above by pleading hath alleadged Upon which the said S.P. his possession thereupon the aforesaid E. before the said time wherein c. did enter and was thereof seised in his demesne as of Fee Untill the aforesaid S. the aforesaid time of the trespasse aforesaid made by Force and Armes c. the Closes and houses of her the said E. with the appurtenances hee did break in manner and forme as the same E. by her Writ and Declaration aforesaid above against him hath complained And this c. Whereupon for that the aforesaid S. the Trespasse aforesaid above acknowledgeth she prayeth judgement and her damages by reason of that Trespasse c. to be adjudged unto her c. The Defendant maintaines his plea and traverses the disseizin AND the aforesaid S. as formerly saith that long before the said time wherein the Trespasse aforesaid is supposed to be made the aforesaid I.S. was of the same Tenements with the appurtenances seized in his demesne as of fee and he being thereof seized before the said time wherein c. thereof Enfeoffed him the said S. to hold to him and his Heires for ever by vertue of which Feoffement the same S. was of the same Tenements with the appurtenances seized in his demesne as of Fee in manner and form as the same S. in his aforesaid above hath alledged Tranverse Without that that the same S. dis-seized the aforesaid E. of the Tenements aforesaid with the appurtenances as the aforesaid E. in her replication aforesaid above hath alledged And this c. whereupon hee prayes judgement and that the aforesaid E. may be debarred from having her action aforesaid against him c. ANd the aforesaid E. as formerly saith Issue upon the Traverse that the aforesaid S. dis-seized her the said E. of the Tenements aforesaid with the appurtenances as the same E. in her replication aforesaid above hath alledged and this she prayes may be inquired of by the Country and the aforesaid S. in like manner c. ANd the aforesaid W.S. in his proper person comes and defends the force and injury when c. and as to the coming by force and armes c. as also the whole Trespasse aforesaid Iustification by vertue of a Justices of peaces warrant besides the assault aforesaid sayes that he is in nothing thereof guilty c. and as to the assault aforesaid the same W. sayes that the aforesaid plaintiffe ought not to have his action aforesaid against him Because he saith that before the time of the Trespasse aforesaid supposed to bee made to wit such a day and yeare at C. in the County of N. before T. C. Earle of Devonshire then one of the Justices
of the peace of our Lord the King in the County aforesaid assigned to be kept came the same W. S. then and there before the same Earle having taken his corporall oath upon the holy Evangelist that he the same W. S. damage and corporall hurt to him the said W.S. by him the said W. C. and his companions upon him the said W. S. to be brought he did grievously dread and feare the same W.S. then and there supplicating that the same Earle him the said W. C. might be bound to put in sufficient security of the peace keeping towards him the said W.S. and all and every the leige people of the Kings one in form of law by pretext whereof the same Earl a certain warrant under his scale to the Constable and Bailiffes of the Hundred of M. as also to R.N.H.H. and T.F. directed he made and delivered commanding them the said Constable and Bayliffes and the aforesaid R.H. and T. joyntly and severally by the same warrant on the behalfe of our Lord the King commanding them that the same Constables Bayliffes R.I. c. and every one of them that they should cause to come the aforesaid W.C. before the aforesaid Earle or any other Justice of the peace of our Lord the King in the aforesaid County of S. assigned to be kept immediately for the finding sufficient security of the peace in forme aforesaid And if the same W.C. so to doe should refuse then the same Constables Bayliffes and the aforesaid R.I. c. or either of them the same R. C. should cause to be brought to the Goale of our Lord the King of Y. in the same County of D. by force of that warrant there to stay until the aforesaid WC should find the security aforesaid according to what law requires in that behalfe By which meanes the same R. carrying with him the warrant aforesaid to him the said W. C. at H. aforesaid the same day the Trespasse aforesaid was supposed to be made And to him the said W. of the same warrant and of the matter and effect of the same warrant then and there before the same assault made gave notice by vertue of the same warrant then and there requiring the same W.C. that he the said W.C. before the said Earle or other Justice of peace of our said Lord the King assigned to be kept in the same County to find sufficient security of the peace in forme aforesaid together with him the said R. he would goe which said W. C. to doe this then and there refused for which cause the same R. him the said W.C. then would have taken and arrested but the same W.C. would not stay nor obey that arrest but at the same arrest then and there drew his sword and also what in him lay offered to rescue himselfe from that arrest By which the aforesaid R. and N. and the aforesaid VV.S. as the servant of him the said R. and by his command at the time of the Trespasse aforesaid above supposed to be made by laying their hands upon him the said VV. C. and compelling him the said VV. C. to stand to that arrest him the said VV. C. then and there they took and arrested as it was lawfull for them to doe which said laying on of hands out of the cause aforesaid is the same assault whereof the same VV.C. above against him complaineth And this he is ready to averre whereupon he prayes judgement whether the aforesaid VV. C. ought in this behalfe to have his action aforesaid against him c. AND the aforesaid W.C. not acknowledging any thing by the aforesaid W.S. before alleadged to be true sayes that he by any thing therein before alleadged ought not to be debarred from having his action aforesaid because hee saith that the aforesaid W.S. by force and armes of his owne proper injury on him the said W.C. did make an assault and him did beate wound and evill handle in manner and form as he the said W.C. above by his bill hath declared Traverses the notice of the Warrant Without that that the same R. to him the said W.C. of the warrant aforesaid or of the matter and effect of the same warrant before the time of the Trespasse aforesaid made did give notice as the aforesaid W.S. above by pleading hath alledged And this he is ready to averre whereupon for that the aforesaid W.S. the Trespasse and Battery aforesaid above acknowledgeth he the said W.C. prayeth judgment and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid W.S. sayes Issue upon the Traverse that the aforesaid R. to him the said W.C. of the Warrant aforesaid and of the matter and effect of the same Warrant long before the time of the Trespasse aforesaid supposed to be made did give notice in manner and forme as he the said W. S. above by his pleading hath alleadged And of this hee puts himselfe upon the Country And the aforesaid W. C. in like manner c. Middlesex R.M. complaines of I. H. in the custody of the Marshall Declaration in assault and battery c. for that he such a day and year by force and armes on him the said R. at Westminster in the County aforesaid hee made an assault and him the said R. then there beat wounded evil handled so that of his life he did despair and also so grievous a wound upon the upper part of the left shoulder of him the said R. then and there put on him so that the same R. by reason of the extraordinary effusion of blood out of the same wound flowing and arising fell into great sicknesses and weaknesses of his body then and there and stood in great danger of losing of his life by reason thereof for a great time that is to say for the space of one month then next following As also divers great summes of mony for his healing and curing there in that behalfe to lay out and spend then and there was forced and compelled And divers difficult businesse of him the said R. then to be done and finished by the aforesaid space of one month remained undone And other harmes c. Against the peace c. to the damage c. AND the aforesaid I. H. by W. Astrie his Attorney comes and defends the force and injury when c. Concord pleaded And as to the coming by force and armes c. sayes that he is in nothing thereof guilty c. And as to the residue c. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that after the aforesaid time wherein the Trespasse aforesaid was supposed to be made to wit such a day and year I.E. in the County of Norfolk there was such an agreement had between the aforesaid R. and him the said J. to wit that he the said I. should give to the aforesaid R. one Gallon of Sack in recompence and
satisfaction of the Trespasse aforesaid which said Gallon of Sacke the same J. afterwards to wit the same day and yeare at S. aforesaid gave to the aforesad R. according to the forme and effect of the concord aforesaid And which said Gallon of Sack the same R. of the aforesaid I. in full recompence and satisfaction of the Trespasse aforesaid then and there accepted And this he is ready to aver Whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid against him c. The Plaintiffe replies no such Concord AND the aforesaid R. sayes that he ought not by any thing before pre-alleadged to be debarred from having his action aforesaid against him because he saith that between him the said R. and the aforesaid I. there was not any such agreement had as the aforesaid I. above by pleading hath alleadged And this he prayes may be enquired of by the Country And the aforesaid I. in like manner c. ' Against a Butcher for selling by deceitfull weights London THo Smith complains of H. Vasey for that that is to say whereas the aforesaid Henry such a day and year and by many years then last past was a Butcher and by a great part of that time at London in the Parish c. the art of a Butcher so used and exercised accustomed to kill and dresse both Oxen and Cowes in the best manner behoved his art and the flesh of them by Haverdepoys weight according to the Lawes of this Kingdome of England was wont and accustomed for a great part of the time aforesaid to put to sale and utter to divers of the liege and faithfull subjects of our said Lord the King he the same H. afterwards at divers times to wit between the same such a day c and the fifth day of May then next following at London in the Parish c. three hundred weight of Oxe beefe not being according to the Lawes of England Haverdepoys weight to him the said T. he did falsely and fraudulently put to sale the aforesaid Henry faithfully affirming the weight by which he the said H. the aforesaid three hundred weight of Oxe beefe to him the said T. had sold as aforesaid to be Haverdepoys weight according to the Laws of England to the great deceit of him the said T. Whereupon he saith that he is worsted and hath damage to the value of 10 s. And thereupon he brings his suit c. Justification in Trespasse for a â—â—rriot custome AND the aforesaid I. Randal by I.S. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes he saith he is in no wise thereof guilty And as to the taking and driving away of the aforesaid two Cowes he sayes that the aforesaid A. ought not thereupon to have his action aforesaid against him because he saith that long before the said time of the trespasse aforesaid supposed to be made one N. Dering lately the husband of the aforesaid A. dead was seized in his demesne as of Fee of and in two Tenements whereof one Tenement called A. and the other Tenement called B. lying and being in L. aforesaid in the aforesaid County of Southampton within the Hundred of Odham And that the same N. held the aforesaid Tenements with the appurtenances of the aforesaid Iohn Randal by fealty and a certaine rent by the yeare that is to say the aforesaid Tenement called A. by fealty and the rent of three shillings and four pence and the other Tenement called B. by fealty and the rent of one shilling and six pence And further the same I. R. sayes that within the Hundred of O. aforesaid there is had and time out of mind there hath been had an ancient and laudable custome that is to say that within the Hundred of O. aforesaid every Lord of every Tenant for the time being after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred in manner and forme aforesaid that is to say by fealty and a certaine rent onely should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dying of which the same Tenant died possessed for a Herriot for every such Tenant and the same I.R. in fact saith that the aforesaid N. after and before the said time of the Trespasse aforesaid above supposed to be made to wit the tenth day of December last past before the day of the obtaining of the Bill aforesaid he the said I. R. being thereupon Lord and the aforesaid N. Tenant of him the said I. R. within the aforesaid Hundred at the time of his death being and of the aforesaid two Cowes being possessed at Warblington in the aforesaid County of Southampton of the aforesaid two Tenements dyed in his demesne as of Fee seized after whose the said N. his death by reason of the premises the aforesaid I.R. the aforesaid two Cowes of the best living beasts of the cattell of which the aforesaid N. dyed possessed for and in the name of Herriots according to the aforesaid ancient and laudable custome of right used and due he took and drove away as it was lawfull for him to doe and this he is ready to averre whereupon he prayes judgement whether the aforesaid A. ought to have her action aforesaid against him c. AND the aforesaid A. sayes The Plaintiffe pleads by protestation that as to the taking of one Cow no such custome for pleade son tort Demesne and traverses the plea. that she by any thing before alleadged ought not to be debarred from having her action aforesaid against him the said I. because by protestation that the aforesaid N. in his life time held not of the aforesaid I. the aforesaid two severall Tenements called A. and B. by the services aforesaid as the aforesaid I. above alleadgeth And as to the taking of one Cow of the Cowes aforesaid for a Herriot for the aforesaid Tenement called H. the aforesaid H. by protestation saith that within the Hundred of O. aforesaid there is not had nor time out of minde there hath not been had any such ancient and laudable custome that is to say that the Lord of every Tenant for the time being within the Hundred of O. aforesaid after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dead of which the same Tenant dyed possessed for a Herriot for every such Tenant yet for plea the aforesaid A. saies that the aforesaid J. the day and year aforesaid in the Declaration aforesaid above specified of his own proper injury and without such cause by him the said I. above by pleading alleadged the Close of her the said
A. aforesaid at L. aforesaid he did breake and the aforesaid one Cow of the aforesaid Cowes he took and drove away in manner and forme as the same A. above against him complaineth Traverse of the place Without that that the aforesaid Tenement called A. is within the Hundred of O. aforesaid as the aforesaid J. above by pleadings hath alleadged and this c. whereupon for that that the aforesaid J. the taking of one Cow of the aforesaid Cowes taken for a Herriot for the aforesaid Tenement called A. above acknowledgeth the same A. prays judgement and her damages by occasion of the taking and driving away of that Cow to be adjudged unto her c. The Plaintiffe pleads as to the other Cow that the Defendant took the Cow de son toyt demesne and traverses the custom And as to the taking of the other Cow of the aforesaid Cowes for a Herriot for the aforesaid Tenement called B. the aforesaid A. saies that the aforesaid J. of his own proper injury and without such cause by him above by pleading alleadged the aforesaid day and yeare in the Declaration aforesaid above specified the Close of him the said A. aforesaid at L. aforesaid he did breake and the aforesaid other Cow of the Cowes aforesaid he tooke and drove away in manner and forme as the same A. above against him now complaines Traverse of the custome Without that that within the Hundred of O. aforesaid there is had or time out of mind there hath been had any such laudable and ancient Custome Issues upon both Traverses that is to say that the Lord of every Tenant for the time being within the Hundred of O. aforesaid after the death of every Tenant who should dye seized in his Demesne as of fee of any Lands Tenements or Hereditaments within the said Hundred held by fealty and rent should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dead of which the same Tenant dyed possessed for a Herriot for every such Tenant as the aforesaid I. above by pleading hath alleadged and this c. whereupon for that the aforesaid I. the taking and driving away of the aforesaid other Cow of the Cowes aforesaid above in like manner acknowledgeth for iâ— Herriot for the aforesaid Tenant called B. the same A. in like manner praies judgement and her damages by occasion of the taking of that Cow to be adjudged unto her c. AND the aforesaid I. as to the taking of the aforesaid one Cow of the Cows aforesaid for a Herriot for the aforesaid Tenement called A. taken and driven away as formerly saies that the aforesaid Tenement called A. is within the Hundred of O. aforesaid in manner and form as the same I above by pleading hath alleadged And of this he puts himselfe upon the Country and the aforesaid A. in like manner c. and as to the taking and driving away of the other Cow of the Cowes aforesaid for a Herriot for the aforesaid Tenement called B. the same I. as formerly sayes that within the Hundred of O. aforesaid is had and time out of mind there hath been had any such c. as before in the last Traverse in manner and forme as the same I. above in like manner by pleading hath alleadged and of this in like manner the aforesaid I. puts himselfe upon the Country and the aforesaid A. in like manner c. therefore as well to the trying c. the Jury thereupon is to come c. AND the aforesaid W. and R. by R. D. their Attorney Iustification of cutting of wood for Estators by prescription come and defend the force and injury when c. and as to the coming by force and Armes or whatsoever which is against the peace c. as also the cutting taking and carrying away of a hundred Oakes and two Ashes and 80 Cart-load of under wood of the aforesaid C. Cart-load of under-wood sayes that they are in no wise thereof guilty And of this c. And as to the taking and carrying away of twenty Cart-load of the aforesaid C. Cart-load of under-wood residue as also the whole residue of the Trespasse aforesaid above supposed to be made they the same W. and R. say that the aforesaid E. ought not to have her action aforesaid against them because they say that the Close aforesaid as also the places wherein the Trespasses aforesaid are above supposed to be made and at that same time wherein those Trespasses were supposed to bee made were a certaine Wood called Mylnehop Wood containing in it 60 acres of Wood with the appurtenances in M. aforesaid and that long before the said time wherein c. as also at the same time wherein c. the aforesaid W. was seized of one Messuage and twenty acres of Land with the appurtenances in M. aforesaid in his demesne as of fee and that to the same Messuage and twenty acres of Land with the appurtenances the same W. and all his Ancestors and all they whose estate the same W. now hath and the aforesaid time wherein c. had of and in the aforesaid Messuage and twenty acres of Land with the appurtenances had and from time out of minde were accustomed to have for themselves their Farmers and Tenants of the same Messuage and twenty acres of Land with the appurtenances reasonable Estators in the aforesaid C. acres of Wood for their owne proper necessary fire-boot in the same Messuage of him the said W. to be spent and burnt as unto the same Messuage Fire-booâ— and twenty acres of Land with the appurtenances belonging By which he the same W. in his owne proper right and the aforesaid R. as the servant of him the said W. the same time wherein c. in the aforesaid sixty acres of Wood with the appurtenances did enter And the aforesaid twenty Cart-load of underwood residue c. for the aforesaid necessary fire-boot of him the said W. according to the custome aforesaid in the aforesaid Messuage to be spent and burnt in the aforesaid sixty Acres of Wood with the appurtenances then growing and uncut by using there the common of Estevors of him the said W. they cut downe took and carried away as it was lawfull for them to doe Which said entry into the aforesaid sixty acres of wood with the appurtenances out of the cause aforesaid is the same entring and breaking of the Close aforesaid And which said cutting downe taking and carrying away of the aforesaid twenty Cart-load of underwood residue of and for necessary fireboot aforesaid according to the custome aforesaid in the aforesaid place in which c. as aforesaid cut downe taken and carried away are the same cutting taking and carrying away of the same twenty Cart-load of underwood residue c. whereof the aforesaid E. above against them complaines And this they are ready to aver Whereupon they pray judgement whether the aforesaid E.
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
And the same B. so being thereof possessed the Falcon aforesaid with the Belles and Varvils aforesaid out of his hands and possession did casually lose which said Falcon afterwards that is to say such a day year and place to the hands and possession of the aforesaid J.G. by finding came Judgement had for the Plaintiffe and damages 18 l. 16 s. and 8 d. And the aforesaid J.G. knowing the Falcon aforesaid to be the proper Falcon of the aforesaid B. to him the said B. of right to belong and pertain that Falcon although often required c. to render or deliver hath wholly refused And that Falcon voluntarily hath used and handled so ill so that that Falcon by the ill usage and handling aforesaid afterwards to wit such a day year and place dyed to the damage of him the said B. 40 l. And thereupon he brings his suit c. Ss A B. complaines of W. B. in the custody of the Marshall Declaration for keeping a dog accustomed to bite sheep c. for that that is to say whereas the aforesaid W. did knowingly keep and retaine a certaine Dog accustomed to bite sheep at M. in the County aforesaid which said Dog ten Ew-sheep and ten lambs of him the said A. to the price of 4 l. at M. aforesaid found such a day and yeare and place did so grievously bite that those sheep and lambs by the biting of the Dog aforesaid then and there dyed Whereupon the same A. saith that he is worse and hath damage to the value of 10 l. And thereupon he brings his suit The like with some addition Ss B. F. complaines of R. W. in the custody of the Marshall c. for that that is to say whereas the aforesaid R. such a day yeare and place a certaine Dog accustomed to bite sheep he knowingly retained which said Dog the day and year aforesaid at H. aforesaid the sheep that is to say a hundred and fifteen Ewes and eighty Weathers of him the said B. did chase and bite so that by the chasing and biting eighty of the Ewe sheep of the sheep aforesaid of the price of 40 l. dyed and forty of the Weathers aforesaid of the price of 30 l. dyed in like manner And the residue of the aforesaid Ewe sheep great with young cast their lambs abortive And the residue of the Weather sheep were much worsted And other harmes c. Norfolk HEnry Darcy Knight complaines of Iohn Leigh Gentleman in the custody of the Marshall Declaration upon warranty of a Hawk c. for that that is to say whereas the aforesaid I. such a day yeare and place in the County aforesaid in consideration of 5 l 2 s. and 6 d. of lawfull money of England to him the said I. by the aforesaid H. before hand payed had bargained and sold to the aforesaid H. a certaine Hawk called a Gos-hawk the same I. in consideration thereof then and there warranted the Gos-hawk aforesaid to him the said H. to be sound and in good health whereas in truth that Gos-hawke then and there was troubled with divers great infirmities and much grieved of which said infirmities the Hawke aforesaid such a day then next following at O. aforesaid dyed By which the same I. at O. aforesaid the aforesaid H. of the Hawk aforesaid and of the aforesaid 5 l. 2 s. and 6 d. against the forme of the Warrant aforesaid falsely and fraudulently deceived to the damage of him the said H. twenty Marks And thereupon he brings his suit c. A B. complains of I.P. the elder and I.P. the younger in the custody of the Marshall Declaration for making of a banke by which the Plaintiffes land was downed c. of a plea wherefore whereas a certain course of water called C. ought to run in a certaine stream at C. in the County aforesaid for the serving of the Lands and Tenements near the Water-course aforesaid the aforesaid I. and I. not ignorant of the premises plotting the aforesaid A. to worse and hurt in his Lands and Tenements goods and chattels a certaine banke on crosse the Water-course aforesaid at C. aforesaid they made by reason of which the water aforesaid was hindered of his course aforesaid By which six hundred acres of Pasture of his the said A. neer adjoying to the VVater-course aforesaid was so extraordinarily drowned that the same A. the profit of that his pasture for a great time he lost VVhereby he sayes he is worsted and hath damage c. SS W. J. Mercer complaines of T. B. in the custody of the Marshall Declaration against an Inne-keeper for selling his guests horse c. for that whereas the same T. such a day year and place a certaine horse of his the said W. of the prâ—ce of 15 l. to have kept in the Stable of the aforesaid T. and there to be fed and dressed and that horse safely and soundly to be kept and to him the said W. when he should be thereunto required to be redelivered and in consideration of a certaine summe of money between them agreed upon that is to say for every day and night as long as the horse aforesaid with the aforesaid T. as is aforesaid should happen to be three pence at London aforesaid in the Parish and Ward aforesaid had assumed upon himselfe yet the aforesaid T. plotting the aforesaid W. falsely deceitfully and fraudulently in that behalfe to deceive and defraud the horse aforesaid although often required c. to the aforesaid W. he hath not re-delivered but that horse afterwards to wit such a day and year and place to a certaine unknowne man for 24. s. to him the said T. in hand payed falsely craftily and deceitfully he there sold and the money thereof comming to his own proper use he there converted disposed to his damage 30 s. c. Ebor. ss T. F. was attached to answer A. F. of a plea wherefore whereas the same A. had bargained to buy twenty Oxen of the aforesaid B.T. at B. the same T. knowing these Oxen to be fallen into divers diseases and infirmities Declaration upon warranty of cattell these Oxen by warranting them to be sound and in good health for a great sum of money the Oxen aforesaid to the aforesaid A. he falsely and fraudulently here sold to the damage of him the said A. 40. l. as he sayes And whereupon the same A. by S. L. his Attorney complaines that whereas the same A. such a day and yeare had bargained to buy of the aforesaid T. twenty Oxen at B. the same T. knowing these Oxen to be fallen into divers diseases and infirmities that is to say of such a disease those Oxen for a great summe of money that is to say for 60 l. warranting them to be sound and in health then and there sold falsely and fraudulently whereupon hee saith that hee is worsted and hath damage to the value c. AND the aforesaid T. by W.
lost afterwards to wit such a day yeare and place to the hands and possession of the aforesaid I. C. by finding came yet the aforesaid I. C. knowing the writing aforesaid to bee the proper writing of him the said R. and to him the said R. of right to belong and pertaine plotting and contriving him the said R. wholly to debarre and exclude from the recovery of the aforesaid two hundred pound That writing to him the said R. although afterwards to wit such a day yeare and place hee hath beene thereupon required hee hath not delivered but that writing to deliver to him the said R. hitherto hee hath altogether refused and the writing aforesaid and the profit thereupon comming afterwards to wit such a day yeare and place to his the said I. C. proper use and profit hee hath converted and disposed to the damage of him the said R. three hundred pound And thereupon hee brings his Suit c. Trâ—ver for a Ring Sur. I. G. complaines of G. C. in the custody of the Marshall c. for that that is to say whereas the same I. such a day yeare and place was possessed of a certaine gold Ring and one precious Stone called a Puffyn set and infixed in the same Ring as of his owne proper Ring And so as in other Actions of Trover The Defendant pleads he bought it in open Market AND the aforesaid G.C. in his proper person comes and defends the force and injury when c. And sayes that the aforesaid I. ought not to have his action aforesaid against him because by protestation that the aforesaid Ring the aforesaid time wherein c. was worth but seven shillings and no more And that the aforesaid I. was not thereof possessed as of his proper goods and chattels in manner and forme as the same I. above against him complaineth For Plea he saith that the City of London is an ancient City of our Lady the Queen and of her Progenitors late Kings of England And that within the same City there is had and from time out of minde there hath been had a certaine publicke and open Market in every open place within the same City weekly every day in the week the Lords day onely excepted for all manner of persons to buy and sell whatsoever matters and merchandizes within the City aforesaid in every part of the same City in all open places and shops of the City aforesaid every day in the week the Lords day onely excepted from the rising of the Sunne to the setting of the same And that long before the said time wherein c. to wit such a day and yeare one R.A. was possessed of the Ring aforesaid at the City of London in the Parish of St. Botolphs in the Ward of Aldersgate London And so being thereof possessed afterwards to wit such a day and yeare at such a place in the Parish and Ward aforesaid that is to say about ten of the clocke before noon of the same day in a certaine open shop there in a certaine place called Little-Britain in the Parish and Ward aforesaid the same Ring then there being sold to him the said G. for seven shillings to him then by the aforesaid G. paid By vertue of which said sale in forme aforesaid made the aforesaid G. was of the Ring aforesaid possessed as of his proper Ring By which he the said G. the Ring aforesaid the time wherein c. to his owne proper use and profit as it was lawfull for him to doe And this he is ready to aver whereupon he prayes judgement whether the aforesaid I. ought to have his action aforesaid against him ANne Lady G. complaines of M. N. in the custody of the Marshall c. for that that is to say Action of the case for scandalizing of a title whereas the same Lady A. such a day and yeare and long before and continually after hitherto was seized in demesne as of Fee of and in the Mannor of S. with the appurtenances in the County of C. whereof a great peece of Land containing a hundred acres called the Warren is and time out of minde was parcell And whereas also the same Lady A.G. and all they whose estate she now hath of and in the Mannor aforesaid with the appurtenances from time out of minde were used to have a free Warren of Conies in the aforesaid hundred acres of Land called the Warren And the aforesaid Lady A. of the Mannor aforesaid and the aforesaid hundred Acres of Land called the Warren being seized as aforesaid had conference with divers persons of and for the sale of the Mannor aforesaid and Warren aforesaid with the appurtenances and thereupon might have had divers great summes of money for the Mannor and Warren aforesaid yet the same M. not ignorant of the premises plotting and contriving her the said Lady A. greatly to disturbe and vexe And to bring into scandall and ignominy the right title and interest of her the said Lady A. of and in the Mannor and Warren aforesaid with the appurtenances such a day yeare and place to very many of the faithfull subjects of our Lady the Queene and chiefly to I.P. Esquire who had conference with the same Lady A. of and for the purchasing of the Mannor and Warren aforesaid with the appurtenances and who then intended to buy the same Mannor and Warren with the appurtenances of the same Lady A. falsely and maliciously spoke pronounced and published that one R.G. then was the true Lord and Proprietor of the third part of the aforesaid hundred acres of Land and Warren aforesaid with the appurtenances And that she the Lady A.G. had no good right state title or interest in the same third part of one hundred Acres of Land and Warren aforesaid Whereas in truth the aforesaid R. G. then was not Lord or Proprietor of the aforesaid third part of the one hundred Acres of Land and Warren aforesaid nor of any parcell thereof but the same Lady A. was and yet is the true and sole Lady and Proprietor of the whole hundred Acres of Land and Warren aforesaid with the appurtenances and thereof sole seized in her demesne as of Fee By reason of which said false speaking asseveration and publication the aforesaid state title and interest of her the said Lady A. in the Mannor and Warren aforesaid with the appurtenances are fallen into great scandal and ignominy And the aforesaid I. P. who would have given for the Mannor and Warren aforesaid with the appurtenances to be purchased from the aforesaid Lady A. two thousand pounds and had offered to purchase the Mannor and Warren aforesaid of the same Lady A. hath thereupon now refused to give any manner of summe for the same to her the said Lady A. and as yet refuseth nor by that meanes can the same Lady A. the same Mannor and Warren aforesaid with the appurtenances nor any parcell thereof be able to sell to any person for
And sayes that he at and by the request of the aforesaid I. B. and W. T. in the Bill aforesaid named before the maintenance aforesaid supposed was reteyned at F. in the County of B. to be of Counsell with them the said I and W. in the Bill aforesaid named Taking therein for his Counsell as then and there between them was agreed By virtue of which Reteynder the same B was of Counsell of the aforesaid I and W. as well in the matter in the plaint aforesaid contained as in all other their Law matters and them counselled according to the best of his understanding knowledge and conception of the Law at the time of the maintenance aforesayd supposed and had Communication with other persons of their Counsell and them he requested and laboured to be of their Counsell as it was lawfull for him to do which is the same maintenance whereof the aforesaid Plaintiffe in his Bâ—ll aforesaid complaines Which all and singular the same Defendant is ready to averre Whereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his Action aforesaid against him c. The Plaintife sayes that the Defendant was a Lay man and not a Counsellor AND the aforesaid A. sayes that he by any thing before pre-alleadged ought not to be debarred from having his Action aforesaid because he saith that at the time of the maintenance aforesaid the aforesaid Defendant was a Lay man and not a Counsellor learned of and in the Law aforesaid as the aforesaid Defendant hath above alleadged And this he prayes may be enquired of by the Countrey And the aforesaid Defendant in like manner c. Iustification in mayntenance as an Attorney by warrant of Attorney AND the aforesaid I. B. in his proper Person comes and having heard the Bill aforesaid defends the force and injury when c. and all contempt and whatsoever c. by Protestation that the Bill aforesaid containeth not in it sufficient matter to enforce him the sayd I. to answer the same matter for Plea he saith that he presumeth not that our Lord the King will impeach or molest him the said I. of the maintenance aforesaid by occasion of the Bill aforesaid because he saith that the aforesaid R.P. before the time wherein the maintenance aforesaid was supposed to be made that is to say such a day and year in the Court of our Lord the King before him the said King at Westminster the aforesaid plaint then depending in the same Court by Writ of Attaint by a certaine Warrant of Attorney residing here in Court constituted and ordained and put in his place him the said I.B. to prosecute for him the said R.P. the aforesaid Writ of Attaint or to gaine or loose in that plaint and the same I. B. was to this admitted by the same Court as it appears here in the same Court amongst the Warrants of Attorney of the Term of the Holy Trinity in the 34th yeare aforesayd By which the same I.B. the said Writ of Attaint for the aforesaid R. P. prosecuted and for him the said R. P. apeared in the same plaint as Attorney of him the said R. P. by vertue of the Waâ—â—ant aforesaid the said time wherein c. as it was lawfull for him to do which said prosecution and appearance are the same maintenance whereupon the said Lord the King prosecutes his Action And this he is ready to averre as the Court c. whereupon he presumeth not that the said Lord the King him the said I. B. of the maintenance aforesaid by occasion of the Bill aforesaid in this case will impeach or molest and prayes that he may be quietly therefrom dismissed c. And the aforesaid R. F. by G.L. his Attorny comes and defends the force and injury when c. and all contempt and whatsoever Iustification in Maintenance by cause of Consanguinitie c. And sayes that the aforesayd W. C. ought not to have his action aforesayd against him because he saith that he the same R. F. is and the sayd time wherein the Maintenance aforesaid was supposed to be made was Cosen of the aforesaid R. M. that is to say Son of Margaret Sister of Alice mother of the aforesaid R.M. for whose part the aforesaid W.C. supposeth him the said R.F. to have maintained the plaint aforesaid And the same R. F. sayes further that the aforesaid R. M. for whose part c. before the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto him the sayd R. F. and requested him the said R. F. that he the said R. F. would procure a certaine man learned in the Law of the Land to be of Counsell of him the said R. M. in the playnt aforesaid And that the same R. M. would well and sufficiently reward him for his Counsell By virtue of which request he the said R.F. the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto one E. L. learned in the Law of the Land and requested him the said E. that he would be of Counsell with him the said R. M. in the playnt aforesaid and told him the said E. that the aforesaid R.M. would well and sufficiently reward him the said E. for his Counsell Which said coming to the aforesaid E. requesting and speaking to him the said E. out of the cause aforesaid are the aforesaid maintenance whereof the aforesaid W. C. brings his action aforesaid And this c. as the Court c. Whereupon he prayes judgment whether the aforesaid W.C. ought to have his Action aforesaid against him c. And the aforesaid W. C. not acknowledging that the aforesaid R.F. is a Cosen of the aforesaid R. M. in the form wherein the same R. F. above supposeth The Plaintife replies that the Defendant gave money to the Iurors of his own to give a Verdict for Plea he saith that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid R. F. the said time wherein the maintenance aforesaid was made at S. aforesaid gave oâ— his own proper Money to one I. P. 6 s. 8 d. being one of the Jurors who were impannelled on the aforesaid Writ of Novell desseisin to be arraigned and before the aforesaid I. P. and R. L. Justices of Assizes of our Lord the King in the County aforesaid assigned to be taken returned between the aforesaid R. M. and the aforesaid W.C. the now Plaintiff And unto T. R. 3 s. and 4 d. another of the Jurors on the aforesaid Writ of Assize of Novel desseisin in like manner impannelled and before the aforesaid Justices between the same parties in the playnt aforesaid named to speak their verdict with the aforesaid R.M. in the same plaint Which said gifts are the same mayntenance upon which the same W. C. conceiveth his action aforesaid And this c. as the Court
heer and by the Court here fully understood and mature deliberation being thereupon had for that that it seemes to the Court of our Lady the Queen here that the Plea aforesaid by the aforesaid Defendants above pleaded and the matter in the same contained are not sufficient in the Law to have returne of the cattell aforesaid or to debarre him the said Plaintife from having his Action aforesaid against the aforesaid Defendants It is considered that the aforesaid Plaintife ought to recover his damages against the same Defendants by occasion aforesaid But because it is not known to the Court of our Lady the Queen here what damages the aforesaid Plaintife hath sustained by occasion of he premises therefore it is commanded to the Sherife that by the Oath of honest and lawfull men of his County he diligently enquire what damages the aforesaid Plaintife hath sustained as well by occasion of the premises as for his Costs and Charges A writ of Enquiry of Damages awarded by him about his Suit in that behalfe layd out And the Inquisition which he shall thereupon make to our Lady the Queen from the day of Easter in fifteen daies wheresoever c. under the Scale c. and Seales c. he shall send together with the Writ aforesaid to him thereupon directed The same day is given to the aforesaid Plaintiff here c. At which day before our Lady the Queen at Westminster came the aforesaid Plaintiff by his Attorney aforesaid and the Sheriff to wit P. T. Esquire returned a certain Inquisition taken before him at G. in the County aforesaid the tenth day of Aprill in the thirtieth yeare of our Lady the Queen that now is by which it is found that the aforesaid Plaintiff had sustained Damages by occasion of the Premisses besides his Cost and Charges c. to six and twenty shillings and eight pence and for those Costs c. unto twelve pence therefore it is considered that the aforesaid Plaintiff should recover against the afore-Defendant his Damages aforesaid by the Inquisition aforesaid The Judgment for the recovery of the damages in form aforesaid assessed as also sixteen pounds for his Costs and Charges aforesaid to him the said Plaintiff by the Court of our Lady the Queen here of his assent of increase adjudged which Damages in the whole amount unto seventeen pounds seven shillings and eight pence And the aforesaid Defendants in mercy c. E. D. by his Attorney Withernam and Retorno Habendo in one writ offereth himselfe the fourth day against I. M. Gentleman of a Plea wherefore he took the Cattell of him the said E. and them unjustly detained against Sureties and Pledges and he came not and was sought for Therefore it is considered of that the aforesaid I. should go without day and the aforesaid E. and his Pledges of prosecuting to wit John Doe and Richard Roe should be in mercy and the aforesaid I. should have returne of his Cattell aforesaid c. and in what manner that Writ should be executed he should make known to the Keepers c. from the day of Saint Martin in fifteen daies At which day before the Keepers c. at Westminster came the aforesaid I.M. in his proper person And the Sheriff to wit W. N. Esquire returned the Writ aforesaid in all things served and executed in these words The Cattell formerly taken and in this Writ mentioned to the within named I. M. I could not return therefore by virtue of the same Writ I have taken in Withernam of the Cattell of the within named E. that is to say six and twenty Ewes to the value of the Cattell within mentioned formerly taken and the same to the within named I. M. I have caused to be delivered to be held untill the same I. should have return of the Cattell aforesaid by him formerly taken and the aforesaid E. is attached by the Pledges I. D. and I. F. afterwards to wit on Friday next after fifteen daies of the holy Trinity then next following before c. at Westminster came the aforesaid E. in his proper person and rendred himselfe to the Prison c. who by occasion of the Premises is committed to the Marshall c. and he praies that he may be admitted to the making of his Fine with the Keepers c. by occasion of the contempt aforesaid And he is fined by the Court of the Keepers c. to three shillings and foure pence which by commandement of the Court here he payed to D. W. Coroner and Attorney of the Keepers c. in the Court of the Keepers c. before c. for necessary Reparations in the Court here to be made and done therefore the same E. is to be thereof quit And upon this before c. at VV. came S. C. and R. S. and became Pledges and each of them became Pledge for the aforesaid E. as well for the Prosecuting his Complaint as of the Cattell aforesaid which to the aforesaid I. M. in the Court here before c. were adjudged by the default of him the said E. to be returned if the return of them should be adjudged each of the Pledges aforesaid under the pain of ten pounds which said Sum of ten Pounds the Pledges aforesaid and either of them by himselfe acknowledges to be made of his Lands and Chattels and to the use of the aforesaid I. to be levied if it shall happen that the aforesaid E shall not deliver the Cattell aforesaid to the aforesaid I. c. upon which the same E. by the Statute praies the Writ of the Keepers Second Deliverance granted c. of second deliverance and it is granted unto him c. By which Command was given to the Sheriff that the Cattell aforesaid to the aforesaid E. without delay he should cause to be delivered and that he should put by sure and safe Pledges the aforesaid I. M. that he be before c. in eight daies of Saint Michaell c. to answer the aforesaid E. of the aforesaid taking and detaining of the Cattell aforesaid the same day is given to the aforesaid E. c. at which day the Plaint aforesaid was adjourned by the Writ of the Keepers c. of common adjournment before c. at W. unto the Morrow of all soules At which day before c. at W. aforesaid came the aforesaid E. in his proper person And the Sherife returnes that before the comming of the Writ aforesaid to him thereupon directed those Cattell by him in Withernam taken were removed afarre of to places unknown unto him by the aforesaid I. M. And therefore after the receipt and before the returne of that Writ the Cattell aforesaid to the aforesaid E.D. he could not cause to be delivered according to the purport of the Writ aforesaid And that the aforesaid I. is attached by pledges to wit I. D. and R.R. And upon this Command is given to the Sheriff that he take in
Marsh called forty acres is in Seasalton aforesaid and not in the parish of H. by protestation also that the aforesaid E. was not seized of the aforesaid forty acres of Marsh nor demised them to him the said Prior in form aforesaid and not acknowledging any thing by the said T. A. R. and which is above alledged to be true For plea saith that the said T. A. R. and others are guilty of the Trespasse aforesaid in Seasalton aforesaid in the form wherein he the same Prior above against them complaineth and this he praies may be enquired of by the Country and the aforesaid T. A. R. and others in like manner c. ANd the aforesaid W.T. and T.C. by W.R. their Attorney come and defend the force and injury when c. Justification in Trespasse for a â—erriot Custome And as to the coming by force and armes c. or whatsoever c. not guilty And as to the taking of the Oxe aforesaid they the said W. and T. say that the aforesaid Administrator ought not to have his Action aforesaid against them Because they say that long before the aforesaid time wherein the aforesaid I. the Testator c. was seized of twenty acres of Lands with the appurtenances in B. aforesaid in his demesne as of Fee And being so thereof seized held the same twenty acres of Land with the appurtenances of Thomas Bishop of London as of his Mannor of Boughton Aylusse in the County aforesaid by fealty and rent of 12 d. by the year that is to say at the Feast of St. Andrew the Apostle 3 d. thereof and at the feasts c. 3 d. thereof residue by equall portions yearly to be paid And by the service of doing Suit to the Court of the said Bishop of his Mannor aforesaid from three weekes to three weekes at Boughton A. aforesaid to be held and by the service of rendring after the death of each Tenant dying thereof seized and after each alienation of the same twenty acres of Land in fee made by way of releife three pence one farthing and the third part of one farthing And by the service of rendring to the aforesaid Bishop after the death of each Tenant dying of the aforesaid twenty acres of Land seized the best living beast of the same Tenants at the time of his death in the name of a Herriot of which said services the same Bishop was seized by the hands of the aforesaid Testator as by the hands of his true Tenant and otherwise thus That the aforesaid Bishop and all his Ancestors and all they whose estate the same Bishop hath in the aforesaid Mannor of B A. with the appurtenances have had and time out of minde were accustomed to have of all and all manner of Tenants of the Mannor aforesaid and of each Tenant of the same Mannor whose Lands or Tenements of the Lord of the Mannor aforesaid as of the same Mannor holdeth and these Lands or Tenements or any parcell thereof so held he alienateth to any person or persons in fee notice thereupon in the life time of him who alienateth those Lands or Tenements by them or by him to which or to whom such Lands or Tenements should be sold to the Lords of the said Mannor for the time being being not given or made after the death of such Tenant so alienating the best living beast which was his the said Tenants so alienating at the time of his death by the name of a customary Herriot And the aforesaid W. and I. say that the aforesaid I.S. the Testator c. was seized of the aforesaid twenty acres of land with the appurtenances in his demesne as of Fee and being so thereof seized enfeoffed T.S. and I.S. of the same twenty acres of Lands with the appurtenances of the aforesaid Bishop in forme aforesaid then being held to hold to them their heirs and assigns for ever By vertue of which said Feoffment they the said T.S. and I.S. were thereof seized in their demesne as of Fee and the aforesaid J.S. the Testator afterwards dyed No notice by the same T.S. and I.S. or either of them of that Feoffement to the aforesaid Bishop at the time of the said Feoffement then as yet being Lord of the Mannor in the life of the aforesaid J.S. the Testator being given or made and the aforesaid W. and T. further say that the aforesaid I. S. the Testator at the time of his death was possessed of the Oxe aforesaid as of his proper Oxe which then was his best living beast at the time of his death By means whereof they the said W. and T. as the servants of the same Bishop and by his command the aforesaid time wherein the Trespasse aforesaid was supposed to be made The Oxe aforesaid as the best living Beast which was the aforesaid I.S. the Testator at the time of his death in the custody of the aforesaid Administrators at B. A. aforesaid there found in the name of a customary Herriot they took and led away as it was lawfull for them to doe And this c. whereupon c. AND the aforesaid I.T.S. and I. Administrators c. say The Plaintiffe sayes by Protestation that the Lands were 〈◊〉 held by such or so many services put c. for Plea that they did the Trespasse de injuria propria and traverse the custome that they levy any thing c. ought not to be debarred from having their action aforesaid against them because by Protestation that the aforesaid twenty acres of Lands are not sold of the aforesaid Bishop by such nor so many services as the aforesaid W. and T. above have alleadged for Plea they say that the aforesaid W. and T. the day and year aforesaid by force and armes of their proper injury the Oxe aforesaid out of the possession of the Administrators aforesaid at B. aforesaid found they tooke and led away as the same I. T. S. and I. above against them complaine without that that the aforesaid Bishop and his Ancestors and all they whose estates the same Bishop hath in the aforesaid Mannor with the appurtenances were and from the whole time aforesaid were used and accustomed of all and all manner of the Tenants and of every Tenant of the Mannor aforesaid who holds Lands or Tenements of the Lord of the Mannor aforesaid as of the same Mannor And those Lands or Tenements or any parcell thereof so held shall have sold to any person or persons in Fee notice thereof in the life of him who shall so have alienated those Lands and Tenements by him or them to which or to whom these Tenements shall be sold unto the Lord of the same Mannor for the time being not being given or made after the death of the Tenant so alienating the best living beast which was of his the said Tenants so alienating at the time of his death in the name of a customary Herriot as the aforesaid W. and T. above hath
c. whereupon he prayes judgment c. And the aforesaid R.F. sayes that he gave not of his own proper mony to the aforesayd I.P. the aforesaid 6 s. and 8 d. nor any penny thereof nor to the aforesaid T.R. the aforesaid 3 s. and 4 d. nor any penny thereof to speak their verdict for the aforesaid R. M. Defendant in the playnt aforesaid as the aforesaid W.C. above by pleading hath alleadged And of this he puts himselfe upon the Countrey And the aforesaid Plaintiffe in like manner c. AND the aforesaid T.W. by L.D. his Attorney comes and defends the force and injury when c. and all contempt and whatsoever c. And sayes that the aforesaid I. H. ought not to have his Action aforesaid against him because he saith that the aforesaid I. W. the said time wherein c. and long before and after was the servant of him the said T. W. reteyned with him in the service of a Common Labourer at D. in the County of R. And further saith that the aforesaid I. W. for whose part and long before the said time wherein the maintenance aforesaid was supposed to be made at D. aforesayd came unto him the said T.W. and requested him that he in the name of him the said I.W. would ask a certaine man learned in the Law of the Land to be of Counsell with him the said I.W. in the plaint aforesaid And that the said I.W. would well and sufficiently reward him for his labour By virtue of which request the same T.W. the said time wherein the maintenance aforesaid is supposed to be made at W. in the County of Middlesex came unto one W. F. a learned man in the Law of the Land and asked him the said W.F. to be of Counsell with him the said I. W. in the plaint aforesaid and told him the said W.F. that the aforesaid I. W. him the said W. F. would well and sufficiently reward him for his labour Which said comming to the aforesaid W.F. asking and speaking to him the said W. F. out of the Cause aforesaid are the aforesaid maintenance whereof the aforesaid I. H. above complaines And this c. whereupon c. AND the aforesaid I. H. sayes The Plaintife replies be was not his servant that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid I. W. the said time wherein c. was not the Servant of him the said T W. now retained in Service with him the said T.W. as the same T.W. above by pleading hath alleadged and this he prayes may be enquired of by the Countrey and the aforesaid Defendant in like manner therefore Command is given to the Sheriffe that he cause to come before our Lord the King at W. such a day twenty foure as well Knights c. of the Visenage of D. aforesaid by whom c. SVffolk ss T. A. who prosecutes as well for our Lady the Queen is for himself Declaration upon the Statute of mayntenance for buying of a title of Land complaines of John Calfe in the custody of the Marshall c. of a plea that he render to her the sayd Lady the Queen and the aforesaid T. A. two hundred marks for the value of one Messuage and eight Acres of Land Scituate and lying in the fields of C. in the County of Suffolk which to them the said Lady the Queen and the aforesaid T. he owes and unjustly detaines for that that is to say whereas in the Statute in the Parliament of our Lord King Henry the 8th late King of England Father of out Lady the Queen that now is at Westminster in the County of M. the 28th day of Aprill in the 11th yeare of his Raign held and there begun and from thence unto the 23 day of July then next following by diverse proroguings then and there held amongst other things it was enacted that no person or persons of whatsoever state degree or condition soever they should be of who should from thence following bargain buy or sell or by any wayes obtaine gaine or have any right or title of any person or persons in or to any Mannors c. And so recite the Statute untill One Moyetie of the said forfeitures to be to her the said Lady the Queen and the other Moyety to the party who thereupon should prosecute in any of the Courts of our Lady the Queen of Record as in the Statute aforesaid amongst other things more fully is contained yet the aforesaid I. little weighing the Statute aforesaid nor seating the punishment contained in the same the 24 day of June in the 4th yeare of our Lady the Queen one Messuage and eight Acres of Land with the Appurtenances in C. at C. in the County aforesaid of one R.F. by him the sayd I. then and there paid and afterwards to be payed bought obtained and had to him and his Heirs for ever knowing that the same R. F. nor any of his Ancestors had any right or claime to the aforesaid Messuage and eight Acres of Land with the Appurtenances nor were thereupon ever possessed of the same Messuage and eight Acres of Land nor of any reversion or remainder thereof And knowing also that he the same R. F. received not the Rent or profit thereof by the space of one whole year next before the said bargain grant and provision so between them as is aforesaid made Which said Messuage and eight Acres of Land aforesaid with the Appurtenance are worth to be sold two hundred Marks at the least By which the Action accrued to her the said Lady the Queen and to the aforesaid T. A. to require and have of the aforesaid I. the aforesaid two hundred Marks for the value of the Messuage and the aforesaid eight Acres of Land with the Appurtenances yet the aforesaid I. although often required c. the aforesaid two hundred Markes to her the said Lady the Queen nor to the aforesaid T. hitherto he hath not paid but the same to them the said Lady the Queen and to the aforesaid T. hitherto to pay he hath denied and as yâ—t denieth and the same to them the said Lady the Queen and the aforesaid T. as yet unjustly detaineth Whereupon he saith that he is worsted and hath damage to the value of 200 s. And thereupon aswell for our Lady the Queen as for himselfe be brings his Suit c. The Defendant pleads he bought not the Land against the forme of the Statute AND the aforesaid I P. by T.S. his Attorney comes and defends the force injury when c. and all contempt whatsoever c. And by Protestation not acknowledging any thing in the Declaration aforesaid specified to be true for Plea he saith that the same I. bought not obtained or had to him and his Heires of the aforesaid R. F. the aforesaid Messuage and 8 Acres of Land with the Appurtenances against the