with the appurtenances in the declaration aforesaid above specified at the time of the said recovery in the aforesaid Court of Hustings in the Guild Hall of London in form aforesaid had for which cause the entry of the said Thomas Bowes Master of Arts into the Messuage aforesaid with the appurtenances in the said Declaration aforesaid specified was not lawfull Item in this also it is Erred for that the aforesaid recovery was had in the said Court of Hustings before the 8th day of May in the yeare of the Reign of the Lady the Queen that now is the 14th and that the said Thomas Bowes who before was Tenant for Term of life was vouched in the said Court by the aforesaid William Pelham in the said Recovery named to warrant the Messuage aforesaid with the appurtenances amongst other things which Thomas afterwards by Summons by his Attorny appeared in Court and freely the Messuage aforesaid to the said William did warrant and farther vouched to warrant the aforesaid Richard Horsted who present in the same Court the Messuage aforesaid with the appurtenances farther warranted and afterwards made default by which Judgement against the said William Pelham in the said Recovery was given and execution thereof in the form aforesaid was had so as the said Thomas Bowes Master of Arts of the remainder without any demand in the Messuages aforesaid with the appurtenances to have stood utterly excluded and for that cause the aforesaid entry of the aforesaid Thomas Bowes Master of Arts into the said Messuage with the appurtenances after the said Recovery in form aforesaid had and executed was unlawfull 1. Item in this also it is erred because it was found that before any entry of the said Thmas Bowes Master of Arts the Judgement aforesaid was fully and in due manner executed after which Execution so had although the said Thomas Bowes Master of Arts before the Execution aforesaid had had title of Entry Yet the said Thomas by the Law of the Land into the Messuage aforesaid after the Eexcution aforesaid so had could not enter Item in this further it is erred because it is found by the Jurors aforesaid That the said Thomas Bowes the Father c. who was Tenant for Term of his life of the Messuage aforesaid with the Appurtenances is yet living and is in full life And so the aforesaid Entry of the said Thomas Bowes Master of Arts in the Messuage aforesaid with the Appurtenances in form aforesaid during the life of the said Tho. Bowes his Father made ought not to be adjudged lawful And for these causes the Judgement aforesaid for â—he said Henry Page against the said Edward Griffin and all thereupon depending upon the Bill aforesaid against the said Edward in form aforesaid spoken and exibited is not sufficient in Law and he prayeth That the said Judgement aforesaid for the Errors aforesaid and others in the Record and processe aforesaid being be revised annulled and utterly holden for none and that he unto all which by the occasion of the Judgement aforesaid given he lost he be restored And further the said Edward Griffin the Writ of the Queen to warn the said Henry Page that he should be before the said Chancellor and Treasurer in the Court aforesaid at Westminster to hear the Record and processe aforesaid and also the Errors aforesaid and further to do and receive what should be just in the premises c. And it was granted to him retornable upoÌ„ Tuesday the 28 th day of Octo. next following c. At which day before the aforesaid Chancellor and Treasurer in the Court aforesaid at Westminster came the said Henry Page by his Attorny aforesaid And the Sheriffs of London that is to say Richard Gourney and Stephen Soame now sent by Thomas Bickliff and Humphry Walsingham good and lawfull Men of their Baliwick That they did warn the said Henry Page that he should be before the Chancellor and Treasurer aforesaid in the aforesaid Chamber at the day and place aforesaid to do and receive as the said Writ commanded and required And thereupon the said Edward by John Hawkesworth his Attorny came likewise and demanded the hearing of the Record and Processe as also of the Errors aforesaid And they are read unto him c. which being read and heard The said Henry Page said That in the Record and Processe aforesaid made in the giving of the Judgement aforesaid it is in nothing erred and prayed that the Court here proceed as well to the Examination of the Record and the Processe aforesaid as the causes aforesaid for Errors alleged And that the Judgement aforesaid in all things might be affirmed And because the aforesaid Chancellor and Treasurer would advise of and upon the premises before they give their Judgement day is given to the parties aforesaid here that is to say in the Chamber aforesaid until Tuseday the 11 th day of November next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid before the aforesaid Chancellor or Treasurer in the Chamber aforesaid untill Tuseday the 18th day of November then next following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid And because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid untill Tuesday the 25 th day of November following to hear their Judgement c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster come the parties aforesaid by their Attornies aforesaid and because the aforesaid Chancellor and Treasurer are not yet avised of giving their Judgement of and upon the Premises further day is given to the parties aforesaid here before the aforesaid Chancellor and Treasurer in the Chamber aforesaid untill Tuesday the 27 th day of January next following to hear their Judgement thereof c. At which day before the aforesaid Chancellor and Treasurer in the Chamber aforesaid at Westminster aforesaid come as well the said Henry Page by John Hawkesworth his Attorny aforesaid as the aforesaid Edward Griffin by Rich. Hatton his Attorny aforesaid and thereupon the said Henry sayd That the said Edward his Writ aforesaid for correcting of Errors against the said Henry in this case further to prosecute or maintain ought not because he saith That after the last continuance of the Plea aforesaid that is to say after the aforesaid Tuesday that is to say the 25 th day of November from which day the Plea aforesaid was last continued untill this day that is to say
the aforesaid Tuesday that is to say the 27 th day of January and before this day That is to say the 15 th day of January in the year of the Reign of the said Lady the Queen that now is the 32d. The said Edward by the name of Edward Griffin of London Haberdasher At London in the Parish of St. Mary of Bow in the Ward of Cheap London by his certain Writing of Release which the said Henry with the seal of the said Edward sealed here into Court brought whose date is the said 15 th day of January in 32 d. year aforesaid released and quit claimed to the said Henry Page by the name of Henry Page of London Merchant-Taylor All manner of Actions Sutes Errors Writs of Error Quarrels Plaints and Demands whatsoever which the aforesaid Edward against the said Henry then had depending or which at any time then after he might or ought to have against the said Henry his Executors or Administrators for any matter or thing whatsoever from the beginning of the world unto the day of the date of the said Writing of Release as by the said Writing here in Court shewed plainly appeareth And this the said Henry is ready to aver Whereupon he demands Judgement if the said Edward his aforesaid Writ for correcting of Errors against the said Writing of Release of the said Edward further against the said Henry he ought to maintain or prosecute A Tenant for Life the Remainder in Tail the Remainder in Fee Bargains and sels the Land in Fee to one who before the Statute of 14. Eliz. suffers a Recovery in which A. is vouched and voucheth over and he in the Remainder enters and the Entry adjudged Lawful and a Writ upon that is sued and the Plaintif doth release the Errors Michaelmass Term 38. 39. Elizabeth in the KINGS BENCH Rot. 551. Ejectione Firme The Rector of Chedingtons Case C. 1. part fol. 148. b. MEmorandum That at another time That is to say in Easter Term last Buck. ss past before the Lady the Queen at Westminster came David Loyd Clerk by Stephen Worley his Attorny And brought here in the Court of the said Lady the Queen then and there his Bill against William Wilkinson in the custody of the Marshal c. of a Plea of Trespasse and Ejectment of him out of his Farm And are Pledges of Sute John Doo and Richard Roo which Bill followes in these words ss Buck. ss David Loyd Clerk complaineth of Wil. Wilkinson in the custody of the Marshalsey of the Lady the Queen before the Queen her self being for that that is to say That whereas David Roberts Clerk Rector of the Parish Church of Chedington in the County aforesaid the 26th day of March in the year of the Reign of the Lady Elizabeth now Queen of England the 38 th at Chedington aforesaid by his Indenture sealed with his Seal and to the Court of the said Lady the Queen that now is shewed bearing date the same day and year demised granted and to Farm Let to the aforesaid David Loyd The Rectory of the Parish Church of Chedington aforesaid and 60. Acres of Lands with the Appurtenances in Chedington aforesaid To have and to hold the Rectory and Tenements aforesaid with the Appurtenances to the said David Loyd and his Assignes from the day of the date of the Indenture aforesaid unto the end and Term of 3. years then next following and fully to be compleated By virtue of which demise The said David Loyd into the Rectory and Tenements aforesaid with the Appurtenances aforesaid did enter and was thereof possessed untill the said William afterwards that is to say the 10 th day of Aprill in the year abovesaid at Chedington aforesaid with force and armes c. into the Rectory and Tenements aforesaid with the Appurtenances upon the possession of the said David Loyd thereof did enter and the said David Loyd from his Farm aforesaid thereof his Term aforesaid not yet ended ejected expelled and amoved and him the said David Loyd from his possession aforesaid held out and doth yet hold out and other wrongs did unto him against the peace of the said Lady the Queen that now is to the damage of the said David Loyd of 20. pounds and thereof he produceth sute c. With this that the said David Loyd will aver That the aforesaid David Roberts then Rector of the Parish Church aforesaid is living and is in full life c. at Chedington aforesaid c. And now at this day Saturday next after 8. dayes of St. Michael this same Term until which day the said William had license to the Bill aforesaid to imparle and then to answer c. before the Lady the Queen at Westminster cometh as well the aforesaid David Loyd by his Attorny aforesaid as the said William by Richard Bedfield his Attorny And the said VVilliam defendeth the force and injury when c. And saith that he is not thereof guilty and of this he putteth himself upon the Countrey And the said David likewise c. Therefore a Jury before the Lady the Queen at VVestminster Saturday next after 1. moneth of St. Michael and who c. And because c. the same day is given to the parties aforesaid there c. Of which day The Jury aforesaid between the parties aforesaid was put between them in respite before the Lady the Queen at VVestminster unto Thursday next after the moneth of Ester then next following for want of Jurors c. At which day before the Lady the Queen at VVestminster come as well the said David Loyd as the said VVilliam VVilkinson by their Attornies aforesaid and the Jurors of the said Jury being called also appeared Who to say the truth of the premises being chosen tryed and sworn As to the said 60. Acres of Lands above in the Declaration aforesaid specified say upon their Oath aforesaid That the said VVilliam VVilkinson is not thereof of the Trespasse and Ejectment aforesaid guilty as the said VVilliam above in pleading hath alleged And as to the Rectory aforesaid with the Appurtenances in the Declaration aforesaid likewise specified The Jurors aforesaid likewise say upon their Oath aforesaid That long before the time in which it was supposed the Trespasse and Ejectment aforesaid to be done That is to say The second day of March in the Reign of the Lord Edward late King of England the 6th the second One Nicholas Fitz-williams Clerk was Rector of the Parish Church of Chedington otherwise Chettington foresaid And that the said Nicholas being Rector of the said Church before the time in which c. that is to say the second day of March in the second year aforesaid at Chedington aforesaid by his Indenture made at Chedington aforesaid between the said Nicholas by the name of Nich. Fitz-williams Rector of the Parish Church of Chedington in the County of Buck. of the one party and Elizabeth Elderker Widow Ralph Elderker VVilliam Elderker and
here untill from the day of St. Michael in one Moneth then next following At which day here cometh as well the said Owen as the said John by their Attornies aforesaid and upon this further prayeth liecnce thereof to imparl here c. Until from Easter day in 15. dayes and hath it c. And the same day is given to the said Owen here c. At which day of 14. dayes of Easter came as well the aforesaid Owen as the aforesaid John by their Attornies aforesaid and upon this The said Owen prayeth that the aforesaid John to his Writ and Declaration aforesaid answer And the said John Drury saith That he for any thing before alleged from having execution of his Debt and Damages against him the said Owen ought not to be barred or delayed Because he saith That after the aforesaid time in which it is supposed the aforesaid Owen out of the custody of the aforesaid Sheriff of Surry to have escaped and before any further execution against the aforesaid Owen by him the said John by Colour of the Judgement aforesaid was sued forth and had that is to say in the Term of St. Michael in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid out of the aforesaid Court of the said Lord the King that now is of the Bench here upon the Outlawry as is before said pronounced Issued forth a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen At the Sute of the said John then to the Sheriff of the County of Midd. directed By which Writ The Lord the King commanded the aforesaid Sheriff of Midd. That he should not omit for any Liberty of his County but that he take the aforesaid Owen by the name of Owen Bray late of Cobham in the County of Surry Gent. Outlawed in the aforesaid County of Sussex the aforesaid 19th day of May in the year of the Reign of the Lord the King that now is the 6th abovesaid at the Sute of him the said John by the name of John Drury Doctor of Law Of a Plea of Debt whereof he was convicted if he should be found in his Baliwick and him should safe keep c. So as he have his Body here that is to say at Westminster aforesaid in the aforesaid morrow of All Souls the self same Term of St. Michael in the yeer aforesaid to do and to receive what to the Court of the said Lord the King thereof should consider in that behalf At which morrow of All Souls here that is to say at Westminster aforesaid cometh the aforesaid Owen by William Brown then his Attorny And the Sheriffs that is to say George Bolles and Richard Farrington then Sheriffs of the aforesaid County of Midd. then here sent That the aforesaid Owen was not found c. And upon this the said Owen then prayed the hearing of the Writ of Exigent upon which the said Owen at the Sute of the said John Drury aforesaid in form aforesaid stood Outlawed And it was then read to him in these words JAMES by the grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sherifs of Sussex greeting We command you that you put in Exigent Owen Bray late of Cobham in the County of Surry Gent. from County in County until according to the Law Custom of our Kingdom of England he be Outlawed if he shall not appear And if he shall appear then that you him take cause safely to be kept so as you have his body before our Justices at West in the morrow of the Holy Trinity to satisfie to Iohn Drury Doctor of Law as well of a certain debt of 200. pounds which the said Iohn in the said our Court before our Justices at Westminster Recovered against him as of 33. shillings and 4. pence which to the said Iohn in the same our Court were adjudged for his Damages which he had by occasion of the detaining the same Debt whereof he is Convicted And sent to our Justices at Westminster in 8. dayes of St. Hillary That the aforesaid Owen is not found in your Baliwick And have here this Writ witnesse Edward Coke at Westminster the 25th day of Ianuary in the yeer of our Reign of England France and Ireland the 5th and of Scotland the 41. Which being read and heard The said Owen said That he of the Outlawry aforesaid ought not to have him charged because the said Writ of Exigent had not any certain day of Retorn these words Saint between the word morrow and Trinity not having any signification as by the Writ aforesaid then it appeared And for the same Cause the said Owen then prayed Judgement and that the Outlawrie aforesaid in form aforesaid pronounced and had be annulled made void and altogether holden for nought Upon which the Writ aforesaid then being seen And by the Justices here then fully understood To the same Justices it then appeared That the Allegation of the aforesaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true Therefore then it was considered in the said Court here that the said Owen by occasion of the Outlawry aforesaid should not be be molested or troubled but should go thereof acquitted c. as by the Record thereof in the said Court here remaining fully appeareth And so the said John Drury saith That there is not any such Record of the Outlawry aforesaid as the said Owen by his Writ and Declaration aforesaid above supposeth And this he is ready to aver whereupon he prayeth Judgement if he from execution of his Debt aforesaid and damages aforesaid against the aforesaid Owen ought to be barred c. and the aforesaid Owin saith that the aforesaid plea of the aforesaid John in form aforesaid above pleaded is not sufficient in Law to the said John his execution by Colour of the Iudgment aforesaid to have and maintain and that he to that plea in manner and form aforesaid above pleaded needs not nor by the Law of the Land is bound to answer and this he is ready to aver wherefore for default of sufficient plea of the aforesaid John in this behalf the said Owen as at first prayeth Iudgement and that the said John from his execution by colour of the Iudgment aforesaid be barred and that the said Owen be thereof charged c. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the Iudgment aforesaid against the said Owen to have and maintain above hath alleged which he is ready to aver which matter the said Owen doth not deny nor to the same any waies answereth but the said averrant altogether refuseth as before prayeth ludgement and execution of his Debt and damages aforesaid against the said Owyn to him to be adjuged c. and because the Iustices here will avise
Court of the said Lady the Queen here before the Queen her self were sent The aforesaid Thomas Skinner and John Catcher in the Court of the Exchequer aforesaid divers matters for Errors in the Record and Proceedings aforesaid for the revoking and annulling of the Judgement aforesaid assigned To which the said Titus in the said Court appearing pleaded That neither in the Record nor in the Proceedings aforesaid for the revoking and annulling of the Judgement aforesaid in any thing was there Error After which that is to say Monday the 20 th day of October in the year of the Reign of the Queen that now is the 37 th the premises seen And by the Court of the said Lady the Queen there diligently examined and fully understood as well the Record and proceedings aforesaid and the Judgement upon the same given as the Cause aforesaid for Error by the said Thomas and John above assigned and alleged It seemed to the Court here That the Record aforesaid was in nothing vitious or defective and that in the Record aforesaid is Error in nothing Therefore then and there in the same Court it was granted That the Judgement aforesaid should be affirmed in all things and stand in all his force and effect the said Causes for Error here assigned in any thing notwithstanding And further It was granted That the said Titus should reover against the said Thomas and John 80. shilings to the said Titus by his Assent by said Court of the Lady the Queen there adjudged according to the form of the Statute late made and provided for his costs and charges which he had by reason of delay of the Execution of the Judgement aforesaid by Colour of prosecuting the said Writ of Error c. And thereupon the Record aforesaid as also the proceedings thereupon before the Justices of the Common Pleas and the Barons of the Exchequer aforesaid in the premises had before the Queen wheresoever c. by the Justices and Barons aforesaid were sent back according to the form of the Statute aforesaid c. And in the same Court of the said Lady now here before the Queen they remain c. Ejectione Firme Mich. 30. 31. Eliz. in the Exchequer Sir William Pethams Case co 1. part MEmorandum That at another time that is to say in the Term of Lond. ss St. Hillary in the year of the Reign of Queen Elizabeth that now is the 30 th Henry Page Debtor of the Lady the Queen that now is before the Barons of the Exchequer of the said Lady the Queen at Westminster in the County of Middlesex by John Hawkesworth his Attorney and brought then and there his Bill against Edward Griffin of a plea of Trespass Ejectment out of his Farm The Tenor of which Bill followeth in these words ss London ss Henry Page Debtor of the Lady Elizabeth the Queen that now is cometh before the Barons of the Exchequer the 27th day of January this Term by John Hawkesworth his Attorny and complaineth against Edward Griffin present here in Court the same day by Richard Hatton his Attorny of a Plea of Trespasse and Ejectment of him out of his Farm for that viz. That whereas one Thomas Bowes Mr. of Artes the 10 th day of January in the yeer of the said Lady the Queen that now is the 29 th at London in the Parish of St. Mary Wolnoth in the Ward of Langborn London had demised granted and to farm letten to the said Henry Page one Capital Messuage then or late in the tenure or occupation of Edward Griffin of London Haberdasher situate lying and being in Lomberstreet in the Parish of St. Mary Wolnoth in the Ward aforesaid within the City of London commonly called and known by the name of the White Lyon together with all Shops Sellers Chambers Places Easements Advantages Profits and Commodities with their appurtenances whatsoever to the said Messuage belonging or in any wise appertaining To have and to hold the said Messuage and all other the premises with their appurtenances to the said Henry Page his Executors Adminstrators and Assignes from the Feast of the Birth of our Lord then last past untill the end and Term of 6. years from thence next and immediately following to be compleat and ended By virtue of which Demise the said Henry Page into the Messuage aforesaid with the appurtenances entred and was thereof Possessed and so being thereof Possessed The said Edward Griffin afterwards that is to say the 11 th day of January in the year of the Reign of the said Lady the Queen that now is the 29 th aforesaid with Force and Armes c. into the Messuage aforesaid which the said Thomas Bowes to the said Henry in form aforesaid demised for the Term aforesaid which is not ended entred and the said Henry from his Farm aforesaid thereof his Term aforesaid not ended did eject expell and amove and other wrongs did unto him to the great damage of the said Henry and against the peace of the said Lady the Queen that now is Whereupon the said Henry saith that he is the worse and hath damage to the value of 20. Marks So as the less the aforesaid Henry cannot satisfie the Queen that now is the Debts which to the said Queen he oweth at her Exchequer And thereupon he bringeth Sute c. Pledges of Sute John Doo and Richard Roo And now this day that is to say in 8 â—â— of St. Michael this Term that is to say the 30 th year Until which day the said Edward Griffin prayed license to imparle and then to answer come here as well the said Henry Page as the said Edward Griffin by their Attornies aforesaid and the said Henry demandeth that the said Edward Griffin answer him in the premises c. And upon this The said Edward Griffin by his aforesaid Attorny cometh and defendeth the force and injury when c. And saith That he of the Trespasse and Ejectment aforesaid is no way thereof guilty And of that he puts himself upon the Country and the said Henry Page likewise Therefore it is commanded to the Sheriffs of London that they make come here from the day of St. Michael in one Moneth 12. c. of the Nighbourhood of the Parish of St. Mary Wolnoth in the Ward of â—augborn within the City of Lond. whereof every one c. by whom and who never c. And the same day is given to the parties aforesaid here c. At which day come the parties aforesaid by their Attornies aforesaid And the Sheriffs of London That is to say Hugh Offley and Richard Saltonstall send here the Writ of Venire Facias of the Jurors aforesaid with the Pannel of the names of the Jurors to the said Writ annexed and the said Jurors being called did not appear Therefore it was commanded to the Sheriffs of London that they destrein the Jurors aforesaid by their Lands c. So c. upon Wednesday the 6 th of
Patents had given and granted to the abovesaid VValter and to one Elizabeth then his Wife The aforesaid Mannor of Charleton with the appurtenances in the said County of Somerset To have and to hold to the said VValter and Elizabeth and the longer liver of them The late King Henry the 8th for that that the said VValter the aforesaid Letters Patents to him of the aforesaid Mannor of Grafton Fleuard and the said VValter and the aforesaid Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton in form aforesaid made to the said late King Henry the 8th in his Chancery had delivered up there to be cancelled By the said letters patents gave and granted to the abovesaid VValter and Elizabeth the aforesaid Manor of Abotesly with the appurtenances whereof c. to have and to hold to them the said VValter and Elizabeth and to the heirs males of the bodie of the said VValter begotten And the aforesaid Richard Bushopp in his plea aforesaid hath not shewed in fact that the aforesaid late King Henry the 8th by his letters patents had given and graunted to the aforesaid VValter and Elizabeth the aforesaid Mannor of Charleton with the appurtenances to have and to hold to the said VValter and Elizabeth for the Term of the longest liver of them as by the Law he ought to have shewed and because expresly it is not shewed in the said plea that the same grants were made but only by way of recital The aforesaid Consideration in the aforesaid Letters Patents of the aforesaid late King Henry the 8th in the yeer of his Reign the 23th aforesaid made are void and insufficient in Law And the said late King in his grant aforesaid by reason thereof was deceived And in this That the aforesaid Richard in his Plea aforesaid allegeth that the aforesaid VValter and Elizabeth the said Letters Patents to them of the aforesaid Mannor of Charleton made in the Chancery of the said late King Henry the 8th had surrendred and procured to be cancelled By which the Estate of the said VValter and Elizabeth of and in that Mannor was determined Whereas by the Law of the Land the estate of the said Elizabeth then being under Covert Baron by the surrendring and cancelling of the said Letters Patents was not determined or surrendred up And upon this That whereas the aforesaid Richard Bushopp in his pleading alleged That by the aforesaid Act of Parliament of the said late King Henry the 8th the 8th day of June in the 28th year of his Reign made it was Enacted That the said late King Henry the 8th his Heirs and Successors should have hold and enjoy all and singular the Mannors aforesaid with the appurtenances in Fee simple saving alwayes to all person and persons Bodies politique and Corporate their Heirs and Successors and to the Heirs and Successors of every of them other than to the aforesaid late Countess of Warwick and her Heirs and the Heirs of the said Richard late Earl of Warwick Brother of the said late Countess all such Rights Titles Uses Interests Term of years demise demises Entries Actions Grants and Conditions which he or any of their Heir or the Heirs or Successors of any of them have or had or might to have or ought to have had if the said Act of Parliament had never been made any thing in the said Act to the contrary thereof notwithstanding And the aforesaid Richard Bushopp in his Plea aforesaid doth not allege in fact That the aforesaid Ann now Countess of Warwick in whose Right and as Servant of which Countess the said Richard makes Justification of the Trespass and Intrusion aforesaid was not Heir of the said Richard late Earl of Warwick as by the Law of the Land it ought to be shewed and in this that by the said Act of the 28th abovesaid The aforesaid Mannor of Abbottesley with the appurtenances whereof c. was given by express words to the said late King Henry the 8th his Heirs and Successors and thereof the said Saving in the same Act mentioned is repugnant and void to reserve any right in that Mannor to any other person and therefore the aforesaid Walter Walshe and Elizabeth his wife to have or claim any right or estate of or in the said Mannor by force of the said Act of Parliament are barred And in this That whereas the aforesaid Plea of the said Richard Bushopp above in Barr pleaded is insufficient in Law to discharge or excuse him the said Richard of the Trespass intrusion and ingress aforesaid upon which Plea the aforesaid Attorney of the said Lady the Queen had demurred in Law and demanded Judgement there for the said Lady the Queen yet that notwithstanding it is adjudged by the Barons That the Plea of the said Richard is sufficient in Law him the said Richard of the Entry and Intrusion into the aforesaid Wood called Alton-wood otherwise Aluingâ—on-wood the aforesaid first day of February in the year of the Reign of the said Lady the Queen that now is the 32th and from the same day until the exhibiting of the Information aforesaid and of the taking of the issues and profits thereof by that time to discharge And so the same Attorney General for the said Lady the Queen saith That in the Record and process aforesaid and in the giving of the Judgement aforesaid it is manifestly erred And thereupon the said Attorney of the said Lady the Queen for the said Lady the Queen prayeth That the Judgement aforesaid for those Errors and others in the Record and Process aforesaid be revoked annulled and be had for nothing And also a Writ to warn the aforesaid Richard Bushopp to be here before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at a certain day to hear the Record and Process aforesaid as also the aforesaid Errors which he the said Attorny General of the said Lady the Queen that now is there alleged and it is granted unto him And it is commanded to the Sherif of the said County of Worcester That by good and lawful men of his Balywick he give warning to the said Richard Bushop that he before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid upon Tuesday falling the 26th day of the said Moneth of April to hear in form aforesaid if c. And further c. that to the Court c. At which day the same Sherif that is to say Edward Harwell Esquire retorned the Writ aforesaid and sent that the said Writ was so late delivered unto him that for the shortnesse of the time he could not execute it Yet the aforesaid Richard Bushop before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer at the same day comes into the Chamber aforesaid by Arthur Salway his Attorny and demands the hearing of the Record and of the Processe as also of the aforesaid Errors and they are read
done in his behalf command you that if Judgement be thereof given then the Record and Process aforesaid with all things touching the same before our beloved and faitfull Councellor Thomas Egerton Knight Keeper of our Great Seal of England and you you the aforesaid Tresurer in the Chamber of Councel nigh the Exchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 15th day of February next comming cause to come that the same Keeper of our Great Seal and you the aforesaid Tresurer the Record aforesaid seeing and the process aforesaid and hearing your Informations you the aforesaid Barons cause to be done what of right according to the form of the statute aforesaid was to be done Witnesse my self at Westminster the 29th day of January in the yeer of the Reign the 42th Symons And at the aforesaid 5th day of February in the aforesaid Writ mentioned The aforesaid Thomas Egerton Knight Keeper of the Great Seal of England and Thomas Lord Buckhurst Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber nigh the Exchequer aforesaid called the Council Chamber And at the same day and place come before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer the aforesaid Attorny of the Lady the Queen and for the said Lady the Queen saith That in the Record and processe and also in the giving of the Judgement aforesaid It is diversly erred in manner and form as by the aforesaid Articles of Errors by him first alleged and assigned above it is alleged And for the said Lady the Queen prayeth another Writ of the Lady the Queen to warn the aforesaid Richard Bushopp to be before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer at a certain day to hear the Record and Processe aforesaid and also the Errors aforesaid c. and it is granted unto him And it is commanded to the Sherif of the County of Worcester That by good and lawful men of his Balywick he warn the said Richard Bushopp that he be before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid at Westminster the first Tuesday in the Term of Easter next following to hear the Record and Processe aforesaid as also the Errors aforesaid above alleged and further c. What to the Court c. At which day before the aforesaid Lord Keeper and Lord Tresurer in the Chamber aforesaid the Sherif of the County of Worcester aforesaid that is to say William Childe Esquire Retorned the Writ aforesaid endorced thus ss By virtue of this Writ to me directed I gave warning to the aforesaid Richard Bushopp by John Jolley John Harris Thomas Penington and John Wemb good and lawful men of my Balywick to be before the said Keeper of the Great Seal at the day and place within contained as within to me is commanded And upon this the aforesaid Richard Bushop by Arthur Salway his Attorny at the same day in the Chamber aforesaid likewise cometh and demands the hearing of the Record and Processe as also of the Errors aforesaid and they are read unto him c. Which being read and heard the said Richard saith That in the Record and processe aforesaid in nothing it is erred And prayeth That the aforesaid Lord proceed to the Examination aswel of the Record and Processe aforesaid as of the businesse aforesaid for Errors by the said Attorny of the said Lady the Queen above alleged according to the form of the aforesaid Statute thereof made And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen saith as before he had said and prayeth likewise c. And because the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the aforesaid Richard Bushop in the Chamber aforesaid until Tuesday next to hear their Judgement thereof c. At which day before the said Lord Keeper and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper and Lord Tresurer are not yet avised of giving their Judgement of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday to hear their Judgment thereof c. At which day before the Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at VVestminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper and Lord Tresurer are not yet a vised of the giving of their Judgment of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until the first Tuesday in the Term of Holy Trinity then next comming to hear Judgement thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid because the aforesaid Lord Keeper of the Great Seal Lord Tresurer are not yet avised of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the great Seal and Lord Tresurer in the Chamber aforesaid untill Tuesday the third day of June the same Term of Holy Trinity to hear Judgment thereof At which day before the aforesaid Lord Keeper of the Gâ—eat Seal and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgement of and upon the Premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday the 10th day of June next the same Term of the Holy Trinity to hear their their Judgment thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh Rchard Bushopp by his Attorny aforesaid And upon this the premises being seen by the aforesaid Lord Keeper of the Great Seal of England and the aforesaid Tresurer and mature deliberation thereof amongst them being had and taking to them the aforesaid John Popham Knight Chief Justice of the said Lady the Queen for Pleas before the Queen her self to be holden assigned and Edmond Anderson Knight Chief Justice of the said Lady the Queen of the Bench as also of Francis Gawdy one of the Justices to Pleas before the aforesaid Lady the Queen to be
107 157 3â—3 Declaring what Lands shall be set forth for the Queenâ— 3d. part and what shall descend to the Heir 204 Declaring what Lands shall be for payment of Debts and what the Wife shall have in recompence of delivering up of her Joynture 204 Of Thomas Sutton founder of the Hospital of Charter-House London 393 Withernam 250 258 Writ of Assize of Novel Disseisin 9 Writ of Entry Sur Dissin in the Post 12 Writ of Resummons in Assize 19 Writ of Exigent 23 To the Sheriff to do Execution upon a Judgement 48 Of Droit Patent in London 58 Writ of Error and the form of it 63 64 182 183 Writ of Formedon 136 137 Writ of Enquiry of Dmaa es 249 258 Of Restitution of a man to the place and Office of a Burgess 293 ERRATA PAge 34. Line 7. read Coo. 2. part p. l. 2. for whole r. why p. 46. l. 26. for bee r. by p. 52. l. 30. r. neither c. p. 52. l. 37. r. Knight p. 62. l. 19. after Arts add is p. 67. l. 7. r. reversed p. 47. l. 47. r. 3d. for 6th p. 80. l. 25. r. Fenner p. 82. r. Turbnrvile r. Melcum p. 98. l. 10. r. Sarum p. 156. r. Barham p. 162. l. 23. r. Alton p. 186. l. 36. r. Indentd p. 242. l. 4â— r. Sur. The NAMES of the CASES Actions upon the Case LUtterils Case Pasc 43. Eliz. B. R. rott 566. fol. 1. Slades Case Hill 38. Eliz. B. R. fo 3. William Bains Case Hill 8. Jam. rott 1112. p. 6. Assize Calvins Case Trin. 6 to Jacobi p. 9. Dowmans Case M. 26. Eliz. rott 144. p. 11. Audita Querela Doctor Druries Case P. 8. Jac. rott p. 20. Debt Vineiors Case Tri. 7 me Jacobi rott 2629. p. 24. The Case of the Mayor and Burgesses of Lynn Trin. 10. Jac. rott 2413. p. 27. Mausers Case Pasc 26. Eliz. rott 1608. p. 34. Wisemans Case Trin. 27. Eliz. C. B. rott 1354. p. 37. Westbies Case Hill 34. Eliz. B. R. rott 169. p. 44 Dower Edward Althams Case Tr. 8. Jac. in C. B. p. 30. Ejectione Firme Sir William Pelthams Case Mich. 31. Eliz. in Sacc p. 51. The Rector of Cheddingtons Case M. 39. Eliz. rott 551. Binghams Case M. 43. Elz. rott 144. in B. R. p. 92. Borastons Case Hill 29. Eliz. rott 790. B. R. p. 79. Sir George Browns Case Hill 36. Eliz. rott 440. B. R. p. 97. Adams and Lamberts Case Hill 40. Eliz. rott 748. B. R. p. 106. Arthur Legats Case Mich. 10. Jac. C. B. p. 121. False Imprisonment Doctor Bonhams Case M. 6. Jac. Co. R. p. 126 Formedon Lincoln Colledge Case M. 38. Eliz. rott 82. C. B. p. 126. Indictments Mackallies Case 8. Jac. at Newgate p. 154. The Lord Sanchars Case p. â—49 Informations Porters Case 34. Eliz. in Sacc p. 153. The Case of Alton Woods Tr. 37. Eliz. in Sacc p. 161. Monstrans de Droit Digges Case Pasc 40. Eliz. in Cancel p. 185. Prohibition The Bishop of Winchesters Case Pasc 38. Eliz. in B. R. rott 628. p. 209. Jefferies Case M. 32. Eliz. rott 447. B. R. p. 217. Replevin Capels Case Mich. 23. Eliz. C. B. rott 1160. p. 220. Archers Case Tr. 36. Eliz. rott 1676. C. B. p. 233. Bredons Case Tr. 38. Eliz. rott 183. in C. B. p. 237. Ann Mayowes Case Hill 35. Eliz. rott 469. B. R. p. 250. Bettisworths Case Pasc 36 Eliz. rott 731. C. B. p. 258. Bevils Case Mick 28. Eliz. rott 1739. p. 265. John Talbots Case Tr. 7 Jac. rott 3661. C. B. p. 268. Henry Connies Case Tr. 6º Jac. rott 1611. C. B. p. 270. Restitution James Baggs Case Trin. 12. Jac. rott 22. B. R. p. 273. Scire Facias The Princes Case Hill 3. Jac. p. 820. Mark Stewards Case Pasc 21. Eliz. p. 300. Trespass Corbets Case Hill 41. Eliz. rott 1049. C. B. p. 306. Shellyes Case Pasc 21. Eliz. rott 58. B. R. p. 315. Albanies Case Mich. 28. Eliz. B. R. rott 58. p. 323. Chudleighs Case Hill 31. Eliz. B. R. p. 329. Thorough goods Case Trin. 24. Eliz. rott 928. p. 339. Baldwins Case Pasc 31. Eliz. rott 115. p. 345. Tookers Case Mich. 37 Eliz. rott 136. B. R. p. 359. The Earl of Shrewesburies Case rott 2612. p. 356. The Case of Suttons Hospital Mich. 10. Jac. rott 574. Waste Hyndes Case Tr. 34. Eliz. rott 2380. p. 395. FINIS
Trinity Term Aº 6 to of King James Calvins Case Co. 7. part Fol. 1. a. IAmes by the Grace of God of England Scotland Erance and Ireland King defender of the Faith c. To the Sheriffe of Middlesex Greetings Robert Calvin Gent. hath complained to us That Richard Smith and Nicholas Smith unjustly and without Judgement have disseized him of his Freehold in Haggord otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past and therefore we command you That if the said Robert shall secure you to prosecute his claim Then that you cause the said Tenement to be reseised of the Chattels which within it were taken and the said Tenement with the Chattels to be in Peace untill Thursday next after 15. dayes of Saint Martin next coming and in the mean time cause 12. free and legall men of that venew to see the said Tenement and the names of them to be unbrevicted and summon them by good summonors that they be before us where ever we be in England ready thereof to make Recognition and put by suerties and pledges the aforesaid Richard and Nicholas that then they be there to hear the Recognition and have there the summons the names of the Pledges and this Writ Witness my self at Westminster the 3. day of November in the year of our Reign of England France and Ireland the 5th and of Scotland the one and fortieth For 40. s. paid in the Hamper KINDESLEY THe Assise cometh to Recognize If Richard Smith and Nicholas Smith unjustly and without Judgement did disseise Robert Calvin Gent. of his Freehold in Haggard otherwise Haggerston otherwise Aggerston in the Parish of St. Leonard in Shorditch within 30. years now last past And whereupon The said Robert who is within the age of 21. years by John Parkinson and William Parkinson his Guardians which the Court of the said King hereto this have joyntly and severally specially are admitted Complaineth That they disseised him of the Messuage with the Appurtenances c. And the said Richard and Nicholas by William Edwards their Attorney come and say That the said Robert ought not to be Answered to his Writ aforesaid because they say That the said Robert is an Alien born the 4th day of November in the Reign of the King that now is of England France and Ireland the third and of Scotland the 34th At Edenborough within his Kingdom of Scotland aforesaid and within the Alleagiance of the said Lord the King of the said Kingdom of Scotland and without the Alleagiance of the said Lord the King of his Kingdom of England and at the time of the birth of the said Robert Calvin and long before and continually after the aforesaid Kingdom of Scotland by the proper Rights Laws and Statutes of the same Kingdom and not by the Rights Laws and Statutes of this Kingdom of England was Ruled and Governed and yet is And this he is ready to aver and thereupon prayeth Judgement If the said Robert to his said Writ aforesaid ought to be answered c. And the aforesaid Robert Calvin saith That the aforesaid Plea by the aforesaid Richard and Nicholas above pleaded is in sufficient in Law to him the said Robert to Answer and to Barre him to have his Writ aforesaid that the said Robert to the said Plea in manner and form pleaded needeth not nor by the Law of the Land is holden to Answer and this he is ready to aver hereof prayeth Judgement and that the said Kichard and Nicholas to the aforesaid Writ of the said Robert do Answer And the said Richard and Nicholas for as much as they sufficient in matter in Law to him the said Robert to Answer have to his Writ aforesaid in Barr above have alleged which they are ready to aver which matter the aforesaid Robert doth not gainsay nor to the same doth in any ways Answer but the said Averment altogether to admit refuseth as at first demandeth Judgement if the aforesaid Robert to his Writ aforesaid ought to be admitted c. And because the Court of the Lord the King here are not yet avised of giving her Judgement of and upon the premises day thereof is given to the parties aforesaid before the Lord the King at Westminster untill Monday next after 8. dayes of St. Hillary to hear there Judgement thereof because the Court of the Lord the King here thereof are not yet c. And the Assise aforesaid remain to be taken before the said Lord the King untill the same Monday there c. And the Sheriff to distrein the Recognitors of the Assise aforesaid And before to make view c. At which day before the Lord the King at Westminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid and because the Court of the Lord the King hereof giving their Judgement of and upon the premises is not yet avised day hereof is given to the parties aforesaid before the Lord the King at VVestminster untill Monday next the morrow of the Assension of our Lord to hear their Judgement because the Court of the Lord the King here are not yet c. And the Assise aforesaid remain further to be taken until the same Monday there c. At which day before the Lord the King at VVestminster cometh as well the aforesaid Robert Calvin by his Guardians aforesaid as the aforesaid Richard Smith and Nicholas Smith by their Attorney aforesaid c. And because the Court c. Upon which Seen and by the Court of the Lord the King here all and singular the prepremises fully understood and diligently looked into and examined and mature deliberation hereof being had because it seemeth to the Court of the Lord the King that now is here that the Plea aforesaid of the said Richard Smith and Nicholas Smith above pleaded is not sufficient in Law to the aforesaid Robert Calvin to have Answer to his Writ aforesaid to Barr Therefore it is considered by the Court of the Lord the King that now is here That the aforesaid Richard Smith and Nicholas Smith to the Writ of the said Robert further Answer c. Michael 25. and 26. of Queen Elizabeth Rott 144. Assise Dowmans Case C. 9th part Fol. 1. a. THe Assise came to Recognise if Edward Vavasor Esquire George Vavasor Gent. Richard Coats John Lawson William Musgrave Robert Thissylwood and Robert VVard unjustly c. Disseised Thomas Dowman Esq and Elizabeth his wife of their Freehold in Spaldington VVillitoft and Southcate within 30. years now last past c. And whereupon the said Thomas and Elizabeth by Henry Cressey Their Attorney complain That they disseised them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of pasture with their appurtenances c. And the aforesaid Edward George Richard John Robort Thyssylwood and Robert VVard by Edward Latimer
in Execution being The said Thomas Skinner and Iohn Catcher then being Sheriffs of London within written the 8th day of September the 30th year aforesaid by virtue of the Writ aforesaid at London aforesaid took and arrested the within named Anthony Bastard in manner and form as the said Titus within likewise against the said Thomas Skinner and Iohn Catcher declared And that the said Anthony Bastard so taken and arrested under the custody of the said Thomas Skinner and John Cacther then Sheriffs of London aforesaid in form aforesaid being The said then Sheriffs of London the said Anthony Bastard in Execution for the aforesaid 440. pounds then and there had according to the Command of the said Writ And moreover the Jurors aforesaid say upon their Oath aforesaid That the said Anthony Bastard so in custody of the said Thomas Skinner and John Catcher for the aforesaid 440. pounds for the aforesaid other Debt of 240. pounds to the said Robert Dighton in form aforesaid being The said Thomas Skinner and John Catcher afterwards that is to say the within written 20th day of October in the 30th year aforesaid in the going out of their Office aforesaid the said Anthony Bastard by Indenture delivered to Hugh Offley and Richard Saltonstall in Execution for the aforesaid Debt of the said Robert Dighton without any other mention of the said Execution of 440. pounds made to the aforesaid Hugh Offley and Richard Saltonstall or to any of them given or notified And fuâ—ther the said Jurors say upon their Oath aforesaid That then That is to say The 20th day of October in the 30th year aforesaid The said Thomas Skinner and Iohn Catcher from their Office aforesaid were discharged And further the said Jurors say upon their Oath aforesaid That after that the said Thomas Skinner and Iohn Catcher from their Office aforesaid in form aforesaid were discharged That the said Anthony Bastard without payment of any of the aforesaid Debts in the Custody of the aforesaid Hugh Offley and Richard Saltonstall in form aforesaid being for the said 240. pounds the said Hugh Offley and Richard Saltonstall the said Anthony Bastard having none nor any of them ever having any Notice to them or either of them given of the said Execution of the aforesaid 440. pounds at London aforesaid out of the Prison aforesaid suffered to go at large where he would But whether upon the whole matter aforesaid in form aforesaid found The said Thomas Skinner and John Catcher ought to be charged for the aforesaid said Debt of 440. pounds in Law or not the Jurors aforesaid are altogether ignorant And they pray the Advice of the Court of the said Lady the Queen before the Queen her self being And if it shall seem to the said Court That the said Thomas Skinner and Iohn Catcher ought not to be charged for the said 440. pounds in Law upon the whole matter above found The said Jurors say upon their Oath aforesaid That the said Thomas Skinner and Iohn Cacther do owe to the said Titus VVestbie the said 440. pounds in manner and form as the said Titus within against them declared And they do also assesse the damages of the said Titus Westbie by occasion of detaining of the said Debt besides his charges and costs by him about his Sute in this part expended to 20. pounds and for his charges and costs to 53. shillings and 4. pence And if it shall seem to the Court aforesaid That the said Thomas Skinner and John Catcher do not owe to the said Titus Westbie the said 440. pounds in manner and form as the said Thomas Skinner and John Catcher within pleading have alleged c. And because the Court of the Lady the Queen that now is here of their Judgement of and upon the premises to be given are not yet avised Day is given to the parties aforesaid before the Lady the Queen at Westminster until Tuesday next after 8. dayes of St. Michael for to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof not yet c. Before which day the Plaint aforesaid was Adjorned by the Writ of the Lady the Queen of Common Adjornment before the Queen at Westminster until the day of St. Michael in a moneth At which day the Plaint aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the Queen until the next of All Souls then next following at the Castle of Hartford in the County of Hartford At which day before the Lady the Queen at the Castle of Hartford came the parties aforesaid by their Attornies aforesaid And because the Court of the Lady here of their giving of their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at the Castle of Hartford aforesaid untill Tuesday next after 8 th of St. Hillary to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. And so from Term to Term until Thursday next after 8. dayes of St. Hillary to hear their Judgement c. cause the Court of the Lady the Queen here c. At which day be-before the Queen at Westminster came the parties aforesaid by their Attornies aforesaid Upon which Seen and by the Court of the Lady the Queen here all and singular the premises looked into and understood and mature deliberation be thereof had because that it seemes to the Court of the Lady the Queen that now is here That the said Tho. Skinner and John Catcher ought to be charged for the said 440. pound It is granted That the said Titus Westbie shall recover against the aforesaid Tho. Skinner John Catcher his debt aforesaid his damages aforesaid by the Jurors aforesaid in form aforesaid assessed as also 10. pound 13. shill and 4. pence for his charges and costs aforesaid to the said Titus by the Court of the said Lady the Queen here with his assent of increase adjudged Which damages in the whole do amount to 33. pounds 6. shillings 8. pence and the said Thomas Skinner and John Catcher in mercy c. Afterwards that is to say Upon Monday the 10 th day of February in the year of the Reign of the said Lady the Queen that now is the 37 th The Transcript of the Record and proceedings between in the parties aforesaid with all things touching the same by a certain Writ of the Lady the Queen of Errors correcting by the said Thomas Skinner and John Catcher in the premises was brought to the Justices of the Lady of the Queen of the Common Pleas and the Barons of the Exchequer of the Lady the Queen In the Chamber of the Exchequer aforesaid according to the form of a Statute in the Parliament of the said Lady the Queen at Westminster the 23 th day of November in the year of her Reign the 27 th holden and made in the same
November next to come Unless Roger Manwood Kt. Chief Baron of the Exchequer of the said Lady the Queen upon Tuesday the 4 th day of November next following at the Guild-hall of the City of London by force of the Statute thereof provided shall first come So that inquiry thereof before the said Chief Baron then here distinctly and openly taken be had here at the aforesaid Wednesday And it is said to the parties aforesaid that they be before the said Chief Baron at the Guild-hall aforesaid the said Tuesday and that they be here the said Wednesday to hear Judgement upon the vredict of the inquisition aforesaid if c. At which day come the said Parties by their Attornies aforesaid And the said Chief Baron delivered here the tenor of this Plea together with the Writ of Distringas of the Jurors aforesaid with the Pannel of the names of the Jurors to the said Writ annexed and to the said Tenor fyled Which Tenor is indorsed thus Afterwards the day place within contained before Roger Manwood Kt. Chief Baron of the Exchequer of the Lady the Queen associating to him Walter Morley Gent. by the form of the Statute c. came as well the within named Henry Page as the within written Edward Griffin by their Attornies within mentioned And the Jurors whereof mention is within made being called some of them that is to say John Palmer Thomas James Thomas Thomas George Maunsell Thomas Bagnill and Robert Bilborough and in Jury aforesaid were sworn and because that the rest of the Jurors of the said Jury did not appear Therefore other of the standers by by the Sheriffs chosen at the request of the said Henry Page by the Command of the said Chief Baron were anew put whose names are fyled to the Pannel within written according to the form of the Statute in the such case made and provided and the Jurors so anew chosen and put that is to say George Clarke John Barnes George Ganbie Thomas Staubauke William Sutton and George Roberts being called likewise came who being together with the other Jurors aforesaid first impannelled sworn to say the truth of the premises within contained chosen tryed and sworn say upon their Oath That the City of London is an ancient City and that all Lands and Temenents within the said City are and time whereof the memory of Men is not to the contrâ—ry were deviseable and bequeathable by Testament in Writing And that long before the time within written when it is supposed the Trespasse and Ejectment to be done That one Martin Bowes Kt. was seised of the Messuage within mentioned with the Appurtenances amongst other things in his Demesn as of Fee and that the said Martin Bowes had issue of his body lawfully Begotten one Thomas Bowes and that the said Thomas had issue of his body lawfully begotten Martin Bowes and the within named Thomas Bowes and one George Bowes And also the Jurors say upon their Oath aforesaid That the aforesaid Martin Bowes Kt. before the time in which c. that is to say the 29 th day of July in the year of the Reign of the Queen that now is the 8 th made his Testament and last Will in writing and by the same amongst other things Willed and Bequeathed to the said Thomas Bowes his Son the Messuage aforesaid with the Appurtenances amongst other things for the Term of the life of the said Thomas without impeachment of Waste and after his decease then the said Martin Bowes Kâ— by his Testament aforesaid Willed that the said Messuage aforesaid amongst other things should remain to the said Martin Bowes the Son of the said Thomas Bowes To have and to hold to the said Martin Son of the aforesaid Thomas and the Heirs males of his body lawfully begotten And for default of any issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said Thomas Bowes second Son of the said Thomas Bowes Son and Heir of the said Martin Bowes Knight and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the said George Bowes third SoÌ„ of the said Thomas Bowes Son and Heir of the said Martin Bowes Kt. and the Heirs males of his body lawfully begotten And for default of such issue that then the Messuage aforesaid amongst other things with the Appurtetenances should wholly remain to the Heirs males of the body of the said Thomas Bowes Son and Heir apparent of the said Martin Bowes Kt. lawfully begotten And for to default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Martin Bowes Son and Heir apparent of one Martin Bowes of Jenkins in the Parish of Barking in the County of Essex Esq and the Heirs males of his body lawfully to be begotten And for default of such issue That the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to the Heirs males of the body of the said Martin Bowes of Jenkins lawfully begotten And for default of such issue That then the Messuage aforesaid with the Appurtenances amongst other things should wholly remain to one Will. Bowes son of the aforesaid Martin Bowes Knight the Heirs males of his body lawfully begotten for default of such issue that then the said Messuage with the Appurtenances amogst other things should remain to the right Heirs of the said George Bowes for ever And the aforesaid Martin Bowes Kt. of the Messuage aforesaid with the AppurtenaÌ„ces amongst other things in his Demesn as of Fee in form aforesaid being seised afterwards and before the time in which c. that is to say the first day of October in the year of the Reign of the said Lady the Queen that now is the 8 th dyed of the Messuage aforesaid with the Appurtenances amongst other things in form aforesaid seised After whose death The said Thomas Bowes Son and Heir of the said Martin Bowes Kt. into the Messuage aforesaid with the Appurtenances did enter and was thereof amongst other things seised in his Demesn as of Free hold for the Term of his life without Impeachment of Waste according to the form and effect of the Testament aforesaid with the remainder thereof in form aforesaid expecting And the said Thomas Bowes so being thereof seised before the time in which c. that is to say the 19th day of December in the year of the Reign of the said Lady the Queen that now is the 14th by a certain Indenture between the said Thomas Bowes of the one party and one William Peltham Esq of the other party made bearing date the same day and year and in the Court of Chancery of the said Lady the Queen that now is at Westminster in the County of Middlesex then being with in 6. Moneths then next following in due manner of
the Queen that the re-entry of the aforesaid William Ambry into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the said Richard Hynde be or in Law ought to be adjudged a good and Lawfull re-entry then the Jurors aforesaid say upon their Oath that the said William Ambry is not guilty of the Trespass and Ejectment of the farm aforesaid as he before for himself hath alleged And because the Court of the Lady the Queen here of giving their Judgement further of and upon the premises is not yet avised day thereof is given to the parties aforesaid in the state that now it is before the Lady the Queen at Westminster untill thursday next after 8 dayes of Saint Hillary to heare their Judgement thereof because the Court of the Lady the Queen here thereof not yet have avised c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day thereof is given to the parties aforesaid in the state it now is before the Lady the Queen at Westminster until wednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. And so from Term to Term until the plaint aforesaid was farther adjroned by another writ of the said Lady the Queen of Common adjournment before the Queen until the morrow of All Souls at the Castle of Hartford in the County of Hartford at which day before the Lady the Queen at the Castle of Hartford came the parties aforesaid by their Attorneys aforesaid and because the Court of the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is farther given to the parties aforesaid in state as it is now before the Lady the Queen at the Castle of Hartford until Tuesday next after 3 dayes of Saint Hillary to hear their Judgement c. because c. Before which day the plaint aforesaid was adjorned by a writ of the Lady the Queen of common adjornement before the said Lady the Queen untill 8 dayes of Saint Hillary at Westminster at which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneys aforesaid and because the Court of the Lady the Queen here of giving their Judgment of and upon the premises is not yet avised Day is further given to the parties aforesaid in state as now before the Lady the Queen at VVestminster untill VVednesday next after 15 dayes of Easter to hear their Judgement thereof c. because c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attorneys aforesaid Upon which seen by the Court of the Lady the Queen here and the premises diligently looked into and thereof mature deliberation being thereof had Because it seemeth to the Court of the said Lady the Queen here that the entrie of the aforesaid VVilliliam Ambry above specified into the aforesaid 10 Acres of Land with the appurtenances in and upon the possession of the aforesaid Richard Hynde was a good and lawfull re-entry therefore It is granted that the aforesaid Richard Hynde take nothing by his Bill aforesaid but that he for his false clamour be taken c. and the aforesaid VVilliam Ambry be thereof without damage c. Ejectione Firme Hillary Terme 36. Eliz. Rott 440. in the Kings Bench. Sir George Browns Case C. 3. part fo 45. WIlliam Spencer late of Swindon in the County aforesaid Yeoman and Thomas Spencer late of Swindon in the County aforesaid Yeoman were attached to answer to James Linche of a plea wherefore with force and armes one Messuage one Barn 80 Acres of Land 80 Acres of Meadow and 80 Acres of Pasture with the appurtenances in Swindon which George Brown Knight to the aforesaid James demised for a Term which is not yet ended they entred and him from his Farm aforesaid did eject and other harms did unto him to the grievous damage of the said James and against the peace of the Lady the Queen that now is c. and whereupon the said James by Thomas Cooper his Attourny Complaineth That whereas the aforesaid George Brown the 22 th day of October in the year of the Reign of the Queen that now is the 35 th at Swindon aforesaid had demised to the said James the Tenements aforesaid with the appurtenances to have and to hold the same Tenements with the appurtenances to the said James and his assigns from the Feast of Saint Michael the Archangel then last past until the end and Term of 4 years from thence next ensuing and fully to be compleated By virtue of which demise the said James into the Tenements aforesaid with the appurtenances entred and was thereof possessed and so thereof being possessed the aforesaid William and Thomas afterwards that is to say the 22 th day of October aforesaid in the 35 th year aforesaid with force and armes c. the Tenements aforesaid with the appurtenances which the said George Brown to the said James in form aforesaid demised for the term aforesaid which is not yet ended entred and him the said James from his Farm aforesaid held out and other harms c. To the grievous damage c. and against the peace c. whereupon he saith that he is the worse and hath damage to the value of 20 pound and thereof bringeth sute c. And the aforesaid William and Thomas by John Paxton their Attorney come and defend the force and injury when c. And say that they in nothing are guilty of the Trespass and Ejectment aforesaid as the aforesaid James above against them complaineth and of this put themselves upon the Country and the aforesaid James likewise c. Therefore it is commanded to the Sheriff that he have here in 8 dayes of the Purification of the blessed Lady 12 good and Lawfull men c. by whom the truth c. and who neither c. Because aswell c. afterward the process between the parties aforesaid was continued of the plea aforesaid by Jurors put between them put in respite here until this day that is to say in 8 dayes of Saint Michael in the year of the Reign of the Lady the Queen that now is the 37 th Unless the Justices of the Lady the Queen for Assises in the County aforesaid to be taken assigned by the form of the statute upon Thursday the 17 day of July last past at New Sarad in the County aforesaid first came And now here at this day come as well the aforesaid James Linche as the aforesaid William Spencer and Thomas Spencer by their Attorneys aforesaid and the aforesaid Justices of Assise before whom c. sent here their Record in these words Afterwards the day and place within contained before Thomas Walmesley one
the 8th the 11th at Pettesâ—o aforesaid By her certain Writing of Release which the said Warden or Rector and Scholars with the Seal of the aforesaid Sibil sealed here in Court bring whose date is the same day and yeer remised released and altogether for her and her Heirs for ever quit claimed to the aforesaid Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor then of the Mannors aforesaid with the appurtenances in form aforesaid being seized in their full and peaceable possession then being their Heirs and Assignes for ever All her Right Claim Title Use Interest and Demand which ever she had now hath or at any time after might have of and in the Mannors aforesaid with the appurtenances And further the said Sibil by her aforesaid Writing granted for her and her Heirs That she the said Sibil and her Heirs the Mannors aforesaid with the appurtenances to the said Richard Lyster Martin Linsey John Coteford John Clayton William Hogeson and Robert Taylor their Heirs and Assignes against the then Abbot of Westminster and his Successors would warrant and for ever defend as by the said Writing of Release more fully appeareth And this the said Warden or Rector and Scholars are ready to averr whereupon they demand Judgement if the aforesaid Robert Chamberlain against the aforesaid Writing of Release the said Warranty of the said Sibil his Ancestor whose Heir the said Robert is in it contained his Action aforesaid against them ought to have c. And the aforesaid Robert Chamberlain saith that he for any thing before alleged to have his Action aforesaid ought not to be barred because he saith That long before the aforesaid Deed and before the aforesaid Alured Richard Danvers Nicholas Stathum and William Collow had any thing in the Mannors aforesaid with the appurtenances The aforesaid Richard Chamberlain was seized of the aforesaid Mannors with the appurtenances in his Demesn as of Fee And the said Richard so thereof being seized before the gift aforesaid that is to say the 12th day of June in the yeer of the Lord Edward late King of England the 4th after the Conquest the 11th The aforesaid Richard Danvers Alured Cornburgh Nicholas Stathum and William Collow out of the Court of the Chancery of the said late King Edward the 4th at Westminster in the County of Middlesex then being brought and prosecuted a certain Writ of the said late King Edward the 4th of Right against the said Richard Chamberlain then being Tenant of the Free hold of the Mannors aforesaid with the appurtenaces amongst other things to the then Sheriff of the County of Buckingham directed By which Writ the said late King then and there commanded the said Sherif That he should command the said Richard Chamberlain by the name of Richard Chamberlain Esq that justly and without delay he render to the said Richard Danvers Alured Nicholas and William by the names of Richard Danvers Alured Gorneburgh Esq Nicholas Stathum and William Collow the Mannor aforesaid with the appurtenances amongst other by the names of the Mannors of Pettesho and Eckney with the appurtenances 6. Messuages 200. Acres oâ— Land 20. Acres of Medow 200. Acres of Pasture 100. shillings Rent with the appurtenances in Pettesho Eckney Emberton which he claimeth to be his Right Inheritance And whereupon they complained Chamberlain them unjustly deforced and unlesse he do and the aforesaid Richard Danvers Alured Nicholas and William Collow should him the said Sheriâ— secure to prosecute their claim That then he summon by good summoners the aforesaid Richard Chamberlain that he be before the then Justices of the said late King Edward the 4th here that is to say at Westminster aforesaid from the 15. day of St. John the Baptist then nexâ— following to shew wherefore ye shoâ—ld not do And that he have then this summons and that Writ Because Thomas Rokes Esq Chief Lord of the same Fee remised thereof his Court to the said late King Edward the 4th At which 15. dayes of John the Baptist before Thomas Brian Kt. and his Companions then Justices of the said late King Edward the 4th of the Bench here that is to say at Westminster aforesaid came aswell the aforesaid Richard Danvers Alured Nicholas Stathum and William Collow by Thomas Gurney their Attorny as the aforesaid Richard Chamberlain by John Wildstall then his Attorny And then the Sherif of the aforesaid County of Buckingham that is to say Reginald Gray Esq then there returned the Writ aforesaid to him in form aforesaid directed in all things served and executed and sent that the aforesaid Richard Danvers Alured Nicholas and VVilliam Collow found to the said then Sherif sureties to prosecute his Writ aforesaid that is to say Richard Doo and Iohn Roo And that the said Richard Chamberlain was summoned by Iames Tye and Iohn Baker good summoners c. And hereupon The said Richard Danvers Alured Nicholas Stathum and William Callow by the said Thomas Gurney their Attorney in the said Court of the aforesaid late King Edward the 4th of the Bench here that is to say at Wostminster aforesaid at the 15. dayes aforesaid of St. Iohn Baptist Declared against the said Richard Chamberlain of and upon their Writ aforesaid and upon their Writ aforesaid by the same Thomas Gurney demanded against the aforesaid Richard Chambrlain the Mannors Tenements Rents aforesaid with the appurtenances in the said Writ of Right specified as their Right and inheritance by the aforesaid Writ of the said late King Edward the 4th because the aforesaid Thomas Rokes Chief Lord of the same Fee Released thereof his Court to the said late King And whereupon then they said That they themselves were seized of the Mannors aforesaid and of the Rents aforesaid with the appurtenances in the said Writ of Right specified in their Demesn as of Fee and Right in the time of Peace in the time of the said late King Edward the 4th taking the profits therof to the value c. And that such is their Right then they did offer c. And the aforesaid Richard Chamberlain by the aforesaid John Wildstaâ—e by his Attorny came and defended the Right of the said Richard Danvers Alured Nicholas and William when c. And their seisin of which seisin c. as of Fee and Right c. And all c. And chiefly of the Mannors Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified and then vouched hereof to warranty Robert King who was present in the same Court in his proper person and willingly the Mannors and Tenements and Rents aforesaid with the appurtenances in the said Writ of Right specified to them then did warrant c. Whereupon the aforesaid Richard Danvers Alured Nicholas and William then demanded against the aforesaid Robert Tenant by his warranty the Mannors Tenements and Hereditaments aforesaid in the said Writ of Right specified in form aforesaid c.
by whom c. and who neither c. And the same day is given here to the same Richard Bushopp here c. At which day cometh the said Richard Bushopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It was commanded to the Sherifs of the aforesaid County of Worcester that he do not omit c. And that he cause to be here from the day of Easter in 15. dayes 12 c. To Recognize in form aforesaid c. And the same day is given thereof here to the aforesaid Richard Bishopp And because the Barons here will further avise with themselves of and upon the Premises whereof the aforesaid Richard Bishopp above puts himself in Judgement of the Court day thereof is further given to the aforesaid Richard Bushopp here until from Easter-day in 15. dayes to hear thereof their Judgement because the said Barons thereof are not yet c. At which day cometh the said Richard Bishopp by his Attorny aforesaid And as to the aforesaid Writ of Venire Facias the Sherif thereof did nothing nor sent that Writ Therefore as to the Tryal of the Issue aforesaid as at first It is Commanded to the Sherif of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8. dayes of Holy Trinity 12 c. to know in form aforesaid and the same day is given thereof here tothe aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the said Richard Bushop above put himself in the Judgement of the Court farther day is given to the aforesaid Richard Bushop here to hear their Judgement thereof because the same Barons thereof are not yet c. At which day here cometh the aforesaid Richard Bushop by his Attorny aforesaid and as to the aforesaid writ of Venire facias the Sherif did nothing thereof nor sent that writ therefore as to the tryal of the Issue aforesaid as before it was commanded to the Sheriff of the aforesaid County of Worcester that he do not omit c. And that he cause to come here in 8 dayes of Saint Michael 12 c. to recognize in form aforesaid c. And the same day thereof is given here to the aforesaid Richard Bushop and because the Barons here will farther avise themselves of and upon the premises whereof the aforesaid Richard Bushopp above put himself in the Judgement of the Courâ— farther day is given to the aforesaid Richard Bushop until the aforesaid 8 dayes â—f Saint Michael to hear thereof their Judgement because the same Barons thereof are not yet c. At which day cometh the said Richard Bushop by his Attorny aforesaid and as to that writ of Venire facias the Sheriff did nothing nor sent that writ Therefore to try the issue aforesaid as at first it was commanded to the aforesaid Sheriff of the County of VVorcester that he do not omit c. and that he cause to come here from the day of Saint Hillary in 14 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp and because the said Richard Bushop above put himself on the Judgemtut of the Court farther day is given to the aforesaid Richard Bushopp here until from the said day of Saint Hillary in 15 dayes to hear their judgement thereof because the Barons here thereof are not as yet c. At which day cometh the said Richard Bushopp by his Attorny aforesaid and the Barons here the premises being seen whereof the aforesaid Richard Bushopp put himself upon in the Judgement of the Court and mature deliberation thereof amongst them being had Because it seemeth to the Barons that the plea aforesaid of the said Richard Bushopp thereof by him in manner and form above pleaded is sufficient in Law to discharge the said Richard Bushop of the Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the said Information specified the aforesaid 21th day of February in the year of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February until the aforesaid day of exhibiting of the said Information that is to say the 27th day of June in the yeer of the Reign of the said Lady the Queen the 37th and of the taking of the Issues and Profits thereof for that time arising It is granted by the Barons that the aforesaid Richard Bushopp as to the aforesaid Entry Intrusion and Ingresse by him above supposed to be done in the aforesaid Wood called Alton otherwise Aluington Wood in the Information specified the aforesaid 21th day of February in the yeer of the Reign of the Lady the Queen that now is the 32th and from the said 21th day of February untill the aforesaid day of the exhibiting of the said Information that is to say the 20th day of June in the yeer of the Reign of the said Lady Queen the 37th and as to the taking of the Issues and Profits thereof for that time arising go thereof at present without day saving alwayes the right of the Queen if at another time c. And as to the tryal of the Issue aforesaid above joyned by the Country to be tryed it is commanded to the Sheriff of the aforesaid County of Worcester as at first that he do not omit c. And that he cause to come here from the day of Easter in 15 dayes 12 c. And the same day is given here to the aforesaid Richard Bushopp At which day the said Richard Bushopp come hereas at first the afores Attorny General of the said Lady the Queen that now is who for the said Lady the Queen prosecutes present here in Court at the same day in his proper person and by the Barons being spoken to and asked If he against the said Richard Bushopp for the tryal of the aforesaid Issue above by the Country would farther prosecute said that No upon which the premises being seen by the Barons here and mature deliberation being had amongst them thereof it is granted by the said Barons that the aforesaid Richard Bushopp as to the tryal of the said Issue go without day at present saving alwaies to the Queen her Action If at another time c. And afterwards that is to say the 11th day of April in the yeer of the said Lady Queen that now is the 39th the said Lady the Queen sent here her writ under the great Seal of England to the Tresurer and Barons of this Court of Exchequer directed the Tenor of which followeth in these words ss Elizabeth by the grace of God of England Scotland France and Ireland Queen defender of the Faith c. To the Tresurer and Barons
demesn â—ands aforesaid with the Appurtenances in form aforesaid being seized and the same having and holding exonerated acquitted freed and privileged of and from the payment of Tithes whatsoever in and upon the capital Messuage aforesaid and other the premises with their Appurtenances or any part thereof growing renewing or in any wise happening the aforesaid 4th day of July in the yeer of the reign of the aforesaid late King Henry the 8th the 38th aforesaid at Eastmeon aforesaid by his aforesaid Indenture with the Seal of his Bishoprick sealed bearing date the said day and yeer demised to the aforesaid Robert Wright the Grandfather of the aforesaid Robert The Moyety of the demesn Lands aforesaid with the Appurtenances by the name of all the demesn Lands of the Manor of Eastmeon aforesaid of old appertaining with all Houses Stables Barns and Buildings upon the Moyety aforesaid then and of old situate lying and being with the Appurtenances which Moyety then lay in the Fields on the South part of the Town of Eastmeane aforesaid To have and to hold the said Moyety with the Appurtenances to the aforesaid Robert Wright the Grandfather and to his Assignes from the Feast of St. Michael the Archangel which then should be in the yeer of our Lord God 1575. until the end and Term of 40. yeers from thence next following and fully to be ended And that afterwards that is to say The aforesaid 20th day of July in the 38th yeer aforesaid the aforesaid William Kingsmill then Dean of the aforesaid Cathedral Church of the Holy Trinity of Winchester and the Chapter of the same place at Winchester aforesaid in their Chapter-house aforesaid by their Writing aforesaid sealed with the Chapter-Seal aforesaid in the life of the aforesaid late Bishop and in the life time of the aforesaid Robert Wright the Grandfather confirmed and ratified And that the said Robert Wright by virtue of the demise and confirmation aforesaid was of the interest of the Term aforesaid of and in the Moyety aforesaid with the Appurtenances possessed and so thereof being possessed the aforesaid 14th day of August in the yeer of our Lord 1658. aforesaid at Eastmeon aforesaid made his Will in Writing and by his said Will constituted the aforesaid Margaret and Nicholas Wright his Executors and by the said his Will gave and bequeathed all his interest aforesaid of and in the Moyety aforesaid with the Appurtenances to the aforesaid Edward Wright Son of the said Robert the Grandfather And afterwards at Eastmeon aforesaid dyed of his Interest aforesaid in form aforesaid possessed After whose death the aforesaid Edward by the assent of the Executors aforesaid was of the Interest of the aforesaid Term of yeers of and in the Moyety aforesaid with the Appurtenances possessed And that the said Edward so being thereof possessed the aforesaid 11th day of July in the yeer of our Lord 1563. abovesaid at Eastmeon aforesaid made his Will in Writing and by his said Will constituted one Agnes then his Wife his Executrix of his Will aforesaid And by the said his Will gave and bequeathed all his Interest aforesaid of and in the Moyety aforesaid with the Appurtenances to the aforesaid Robert Wright the now plantif and afterwards there dyed of such his interest aforesaid of and in the Moyety aforesaid with the Appurtenances in form aforesaid possessed And that the said Robert now plantif by the consent of the said Agnes the burden of the Execution of the Will aforesaid upon her taking was of the Interest of the Term aforesaid of and in the Moyety aforesaid with the Appurtenances possessed until the Feast of St. Michael the Archangel in the yeer of our Lord 1575. immediately after which Feast the said Robert into the Moyety aforesaid with the Appurtenances entred and was thereof possessed and that the aforesaid Robert thereof so possessed the said Tenements with the Appurtenances likewise had and occupyed and ought to have and occupy of and from the payment of Tithes whatsoever of in and upon the Moyety aforesaid with the Appurtenances or any part thereof yeerly any wayes growing happening renewing or arising by the occasion aforesaid alleged utterly discharged acquitted freed and privileged by reason of the Prescription and Privilege aforesaid and by force of the said Statute aforesaid in the aforesaid Parliament of the aforesaid late King Edward the 6th at Westminster aforesaid the aforesaid 4th day of November in the second yeer of his Reign of the payment of Tithes then made as the aforesaid Robert VVright now plantif above alleged But the said John VVright further saith That the aforesaid Judges Delegates in the aforesaid Court before them the Plea and Allegations of the aforesaid Robert Wright now plaintif allowed and the Proofs thereof by him the said Robert brought accepted and admitted Without that that the aforesaid Judge Delegates in the aforesaid spirituâ—l Court before them the Plea Allegations and Proofs of the aforesaid Robert VVright now plan if â—foresaid refused to admit in manner and form as the aforesaid Robert now plantif above hath alleged And this he is ready to aver whereupon he demands Judgement and the Writ of the Lady the Queen of consultation to him in this behalf to be granted And the aforesaid Robert VVright now Plantif saith That he for any thing by the aforesaid John VVright above in pleading alleged The said Writ of the said Lady the Queen of Consultation ought not to have because he saith That the Plea aforesaid by him the said John VVright in form aforesaid above pleaded the matter therein contained is insufficient in Law to the aforesaid Writ of the Lady the Queen of Consultation to be brought to which the said Robert needeth not nor by the Law of the Land is bound in any wise to answer wherefore for default of sufficient answer in this behalf The said Robert demandeth Judgement and his damages aforesaid for the occasion aforesaid to be adjudged unto him c. And the aforesaid John VVright saith That the Plea aforesaid by him the said John in manner and form aforesaid above pleaded and the matter in the same contained is good and sufficient in Law to the aforesaid Writ of the said Lady the Queen of Consultation to have and demand which Plea and the matter in the same contained the said Iohn is ready to aver and prove as to the Court c. And because the said Robert to that Plea doth not Answer nor the same hitherto any wise denyeth the said Iohn as at first demandeth Judgement the Writ of the said Queen of Consultation in this behalf to be granted unto him c. And because the Court of the Lady the Queen here of giving their Judgemen of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster until the same next after to hear their Judgment oâ— and upon the premises c. Because the Court of the Lady the
Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon he premises day is given to the parties here untill in the morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the said Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgment thereof because the same Justices here are not thereof yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of giving their Judgement of and upon the premises day is given to the parties here until from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their JudgemeÌ„t of upoÌ„ the premises day is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here until the Morrow of ALL SOVLS to hear their Judgment thereof because the same Justices here are inot yet c. Before which day the Plea aforesaid was adjourned by the Writ of the said Lady the Queen of Common Adjornment from Westminster aforesaid unto the Castle of the Lady the Queen of Hertford in the County of Hertford untill the aforesaid morrow of All Soules at which day that is to say at the aforesaid Castle of Hertford cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given unto the parties aforesaid untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Laâ—y the Queen of Common Adjornment from the aforesaid Castle of Hertford unto Westminster aforesaid at the aforesaid 8. dayes of St. Hillary at which day here that is to say at Westminster cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof further day is given here to the parties aforesaid untill from Easterday in 15. dayes to hear their Judgement thereof because the Justices here are not thereof as yet c. At which day cometh as well the aforesaid Iohn Hunt as the said Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill in 8. dayes of St. Michael for to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of anâ— upon the premises day is given to the parties aforesaid here untill in 8. days of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the said John Hunt as the aforesaid Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are thereof not yet c. at which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here untill in 8. dayes of Saint Michael to hear their Judgement thereof because the same Justices here are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid until from the day of Easier in t5 dayes to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill In the morrow of Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. Michael to hear
aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgement thereof because the same Iustices here of their Iudgement thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because â—he Iustices here will further avise themselves before they give their Iudgement of and upon the premises day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes â—o hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices will further avise themselves of and upon the premises day is given to the partis aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of the premises before they give their Iudgment thereof day is given to the parties aâ—oresaid here untill in 8. dayes of St. Michael to hear their Iudgement thereof because the same Justices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Judgement thereof day is further given to the parties aforesaid untill in 8. dayes of Saint Michael to hear their Iudgement thereof because the same Iustices here thereof not yet c. at whiâ—h day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day furthe is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aâ—oresaid here untill from the day of Easter in 15. dayes to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day further is given to the parties aforesaid here untill the morrow of the Holy Trinity to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof further day is given to the parties aforesaid here untill the morrow of All Soules to hear their Iudgment thereof because the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment from Westminster in the County of Middlesex unto the Castle of the Lady the Queen of Hertford in the County of Hertford at the same morrow of All-Soules c. At which day here that is to say at the Castle of Hertford cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day is given to the parties aforesaid here in 8. dayes of St. Hillary to hear their Iudgment thereof before the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Queen of Common adjornment from the said Castle of the said Queen of Hertford in the County of Hertford unto Westminster aforesaid in the aforesaid County of Middlesex at the same 8. dayes of St. Hillary c. And now here that is to say at Westminster aforesaid cometh as well the aforesaid John as the aforesaid Thomas Gateley by their Attorneys aforesaid and upon this the premises being seen and by the Iustices here fully understood It seemeth to the same Iustices here That the aforesaid Plea of the aforesaid Iohn Hunt above in Barr of the Conusance aforesaid pleaded is sufficient in Law to him the said Thomas Gateley as Bayliff of the said Anthony justly acknowledging the taking of the Cattel aforesaid in the aforesaid place in which to Barr as the aforesaid Ihhn Hunt above alleged for which the aforesaid Iohn Hunt his damages for the occasion of the taking and unjustly deteining of the Cattel aforesaid against the aforesaid Thomas Gateley ought to recover But because it is not known what damages the aforesaid Iohn Hunt for the occasion of taking and unjustly deteining of the Cattel aforesaid susteined It is CoÌ„manded to the Sheriff that by the Oaths of good and lawful men of his County he diligently enquire what damages the said Iohn Hunt susteined as well by the occasion of the taking unjustly deteining of the Cattel aforesaid as for his Costs and Charges by him about his sute in this behalf expended and the Enquire which c. The Sheriff make to appear here
Lady the Queen in 8. dayes of Saint Michael wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day The Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment before the Lady the Queen until from the day of Saint Michael in one Moneth at the Town of Saint Alban in the County of Hertford At which day the Plea aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the said Lady the Queen until the Morrow of All Souls at the Town of Saint Alban aforesaid At which day before the Lady the Queen at the Town of Saint Alban aforesaid cometh as well the said John Kettel by his Attornies aforesaid as the aforesaid George Mason and Francis Easterley in their proper persons And because the Court of the said Lady the Queen that now is here of giving their Judgement of and upon the premises is not yet avised day further is given to the parties aforesaid before the Lady the Queen in 8. dayes of Saint Hillary wheresoever c. to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was further adjorned by another Writ of the Lady the Queen of Common Adjornment before the Lady the Queen at WESTMINSTER aforesaid at the aforesaid 8. dayes of Saint Hillary At which day before the Lady the Queen at VVESTMINSTER come as well the aforesaid John Kettell by his Attornie aforesaid as the aforesaid George Mason and Francis Esterley in their proper persons and because the Court of the said Lady the Queen that now is here of giving their Judgment of and upon the premises is not yet avised day farther is given to the parties aforesaid before the Lady the Queen from the day of Easter 15. dayes wheresoever c. to hear their Judgment of and upon the premises because the Court of the Lady the Queen here thereof not yet c. at which day before the Lady the Queen at Westminster cometh aswell the aforesaid John Kettle by his Attorny aforesaid as the aforesaid George Mason and Francis Esterley in their proper persons And upon this all and singular the premises by the Court of the said Lady the Qeen that now is here being seen and matute deliberation thereof being had Because it seemeth to the Court of the Lady the Queen that now is here that the plea aforesaid by the aforesaid George and Francis to the Bar of the aforesaid John Kettle aforesaid to the Conusance aforesaid in manner and form aforesaid above pleaded and the matter in the same contayned is good and sufficient in Law Therefore it is granted that the said John Kettle take nothing by his writ aforesaid and that he and his Sureties for his false clamor aforesaid thereof be in mercy c. and the aforesaid George Mason and Francis Esterly thereof go without day c. and have Retorn of their Cattel aforesaid to be holden by them irreplegiable for ever And further according to the form of the Statute in such case late had and provided it is granted that the aforesaid George Mason and Francis Easterly recover against the aforesaid John Kettle their damages which they have susteined as well by the occasion of the premises as for their Costs and charges by them about their sute in this behalf expended But because to the said Court of the said Lady the Queen that now is here It is unknown what damages the said George and Francis in this behalf sustained It is commanded to the Sheriff that by the Oath of good and lawfull men of his Baâ—liftwick he diligently enquire what damages the aforesaid George and Francis have susteyned and the Enquire which c. to the Lady the Queen in the morrow of the Holy Trinity whensoever c. under Seal c. and the Seals c. he send together with the Writ of the said Lady the Queen thereof to him directed The same day is given to the said George and Francis c. At which day before the Lady the Queen at Westminster cometh the aforesaid George and Francis in their proper persons And the Sheriff that is to say Michael Sands Esquire at that day Certified that the Cattel aforesaid before the Receiving of the Writ aforesaid were esloined to places to the said Sheriff unknown by the within named John Kettel so that the Cattel to the aforesaid George and Francis Esterley he cannot retorn irreplegiable as to the said Sheriff by the Writ aforesaid it was commanded And further the said Sheriff certified an Enquiry before him the 8th day of June in the 36th yeer aforesaid at Dedford Strand in the County aforesaid by the Oaths of 12. and lawful Men of his Baliwick taken by which it is found That the aforesaid George Mason and Francis susteined damages by the occasion of the premises above their costs and chages by them about their Sute in this behalf expended to 40. shillings and for their costs and charges to 2. pence Therefore it is granted That the aforesaid George Mason and Francis Esterley recover against the aforesaid John Kettell their damages aforesaid by the Inquisition aforesaid in form aforesaid found As also 9. pound to them the said George and Francis for their costs and charges aforesaid by the Court of the Lady the Queen here of Encrease adjudged which damages here in the whole do amount to 11. pound and 2. pence And the aforesaid John Kettell in mercy And further it is commanded to the Sheriff that of the Cattel of the said John Kettell in his Bailiwick to the value of the Cattel aforesaid which to the aforesaid George and Francis were adjudged he take in Withernam And them to the aforesaid George and Francis cause to be delived to be kept by them until the Cattelâ— of them the said Goorge and Francis in the said Court first adjudged can be delivered c. REPLEVIN Easter Term Anno 36. of Elizabeth Rot. 731. in the COMMON-PLEAS C. 2. part Bettiworths Case fol. 27 a. THomas Bettisworth was summoned to Answer to John Hayward of Sussex a Plea wherefore he took the Cattel of the said John and them unjustly deteined against Gages and Pledges c. And whereupon The said John by John Comber his Attorny complaineth That the aforesaid Thomas the 28th day of October in the yeer of the Reign of the Lady the Queen that now is the 19th at Ipping in a certain place called â—â—ynolds took the Cattel that is to say Two Cows of the said John and them unjustly deteined against Gages until c. And whereupon he saith that he is the worse and hath damage to the value of 10. pound c. And thereof he bringeth Sute c. And the aforesaid Thomas by John Trot his Attorny cometh and
Then he summon by good Summoners the aforesaid Rowland Corbet that he be before the Justices of the said Lady the Queen here that is to say at Westminster aforesaid in 8. dayes of the Purification of the Blessed Mary then next following to shew why he had not done it and that the then Sheriff should have then there the summons and that Writ c. At which 8. dayes from the Purification of the Blessed Mary before Edmond Anderson Knight and his Companions then Justices of the said Lady the Queen of the Bench here that is to say at Westminster aforesaid cometh as well the aforesaid Robert Greenhurst by Thomas Lane his then Attorny as the aforesaid Rowland in his proper person And Willam Turpin Esquire then Sheriff of the County aforesaid retorned the Writ aforesaid to him in form aforesaid directed in all things served and executed that is to say that the aforesaid Robert Greenhurst found Sureties to him the said Sheriff to prosecute his Writ aforesaid that is to say John Doo and Richard Roo and that the aforesaid Rowland Corbet was summoned by John Den and Richard Fen upon which the aforesaid Robert Greenhurst by his Attorny aforesaid in the same Court here declaring against the aforesaid Rowland upon his Writ aforesaid demanded against the said Rowland Corbet the Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified as his Right and inheritance and in which the said Rowland Corbet had not Entry but after Disseisin which Hugh Hunt thereof unjustly and without Judgement did to the aforesaid Robert Greenhurst within 30. yeers last past c. And whereupon he said That he himself was seized of the Manor and Tenements aforesaid in the aforesaid Writ of Entry specified in his Demesn as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking thereof the profits to the value c. And in which c. And thereof brought Sute c. And the aforesaid Rowland Corbet then defended his Right when c. And then vouched to warranty John Howell who likewise was then present here in Court in his proper person and freely the said Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified to him did warrant And upon this the said Robert Greenhurst then demanded against the said John Howell then Tenant by his warranty the Manor and Tenements aforesaid with the Appurtenances in the said Writ of Entry specified in form aforesaid c. And whereupon he then said That he himself was seized of the Manor aforesaid with the Appurtenances in the aforesaid Writ of Entry specified in his Demesn as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And in which c. And thereof then brought his Sute c. And the aforesaid John Tenant by his Warranty then defended his Right when c. And then said That the said Hugh Hunt did not disseise the aforesaid Robert Greenhurst of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified as the said Robert by his said Writ and Declaration aforesaid above supposeth And of this puts himself upon the Country c. And the aforesaid Robert then prayed leave to imparl c. And had it c. And afterwards the said Robert retorned back hete in the Court of the Bench aforesaid the self same Term by his Attorny aforesaid And the aforesaid John although he was solemnly called did not come back but in contempt of the Court departed and made default By which then it was granted that the aforesaid Robert Greenhurst should recover his Seisin against the aforesaid Rowland of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified And that the said Rowland Corbet should have of the Lands of the aforesaid John to the value c. And that the said John should be in Mercy c. And upon this The aforesaid Robert demandeth a Writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him full Seisin of the Manor Tenements aforesaid with the Appurtenances in the said Writ of Entry mentioned and it is granted to him retornable here that is to say at Westminster aforesaid from the day of Easter 15. dayes then next following c. At which day here that is to say at Westminster aforesaid cometh the aforesaid Robert by his Attorny aforesaid and then the Sheriff of the aforesaid County of Leicester That is to say the aforesaid William Turpin then here sent that he by virtue of the Writ to him directed the 25th day of March then last past gave to the said Robert full seisin of the Manor and Tenements aforesaid with the Appurtenances in the aforesaid Writ of Entry specified as by the Writ he was commanded as by the Record and Processe thereof in the Court of the said Lady the Queen of the Bench here remaining manifestly appeareth By virtue of which Recovery the aforesaid Robert into the Manor aforesaid with the Appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee And further the said Arthur saith That the Recovery aforesaid in form aforesaid had was to the use and behoof of the said Rowland Corbet and his Heirs for ever And that the said Rowland the aforesaid time of the Recovery aforesaid had or ever after had no issue of his Body lawfully begotten After which Recovery so as before is said had in and to the Disinheriting of the said Arthur of the Manor aforesaid with the Appurtenances whereof c. And before the aforesaid time in which that is to say the 30th day of June in the yeer of the Reign of the said Lady the Queen that now is the 36th abovesaid The said Arthur into the aforesaid Manor of Stokefaston with the Appurtenancs whereof c. entred and was thereof seized in his Demesn as of Fee Tail that is to say to him and the Heirs Males of his Body lawfully begotten By virtue of the Proviso aforesaid and by force of the aforesaid Act of transferring uses into possession the remainder thereof in form aforesaid expectant until the aforesaid Rowland the aforesaid time in which c. The Close aforesaid in the aforesaid 20. Acres of Pasture with the Appurtenances in which c. brake and the grass aforesaid then and there growing with the Cattel aforesaid eat trod and consumed against the Peace of the said Lady the Queen that now is as he above against him complaineth And this he is ready to aver Wherefore in as much as the aforesaid Rowland the Trespass aforesaid above acknowledgeth the said Arthur demandeth Judgement and his damages by occasion of the Trespass aforesaid to him to be adjudged c. And the aforesaid Rowland saith That the aforesaid Plea
That the aforesaid Entry of the aforesaid John â—rayne into the Close within written with the Appurtenances in which c. in and upon the possession of the aforesaid VVilliam Dillon thereof be a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the aforesaid John Frayne is not guilty of the Trespasse within written as the aforesaid John Frayne within hath alleged And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet a vised Day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Monday next after one Moneth of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid here in state as now before the Lady the Queen at Westminster until Fryday next after the Morrow of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here of their Judgement thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Monday next after three Weeks of Saint Michael to hear their judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Saturday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties in state as now before the Lady the Queen at Westminster until Saturday next afer 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties in state as now before the Lady the Queen at Westminster until Saturday next after 8. dayes of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Thursday in the Feast of St. Martin to hear their Judgement of and upon the premises because the Court of the Lady the Queen thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Tuesday next after the Morrow of the Purification of the blessed Mary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Q. at West come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of upon the premises is not yet avised Day is given to the parties aforesaid in state as now before the Lady the Que. at Westminster until Monday next after 8. dayes of Saint Michael to hear their Judgement thereof because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the said Lady the Queen of Common Adjornment before the Lady the Queen until from the day of Saint Michael in one Moneth then next following wheresoever c. At which day the Plea aforesaid was further adjorned by another Writ of the said Lady the Queen of Common Adjornment before the said
Lady the Queen until the Morrow of All Souls then next following At the Castle of Hertford At which day before the Lady the Queen at the Castle of Hertford come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid in state as now before the Lady the Queen at the Castle of Hertford until Tuesday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment before the Lady the Queen in 8. dayes of Saint Hillary at Westminster At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not yet avised further day is given to the parties in state as now before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the Lady the Queen at VVestminstrr until Tuesday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. Before which day The Plea aforesaid was adjorned by the Writ of the Lady the Queen of Cōmon Adjornment before the Lady the Queen until the day from Saint Michael in one Moneth then next following At the Town of Saint Alban in the County of Hertford At which day the Plea aforesaid by another Writ of the said Lady the Queen of Common Adjornment was adjorned before the said Lady the Queen until the Morrow of All Souls then next following at the aforesaid Town of St. Alban At wch day before the Lady the Q. at the aforesaid Town of St. Alban come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of upon the premises is not avised further day is given to the parties aforesaid in state as now before the Lady the Queen at the aforesaid Town of Saint Alban until Wednesday next after 8. dayes of Saint Hillary to hear their Judgement of upon the premises because the Court of the Lady the Queen here therof not yet c. Before which day the Plea aforesaid was adjorned by another Writ of Common Adjornment before the Lady the Queen from the aforesaid Town of Saint Alban until the said 8. dayes of Saint Hillary at Westminster aforesaid At which day before the Lady the Queen at VVestmin come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day thereof is given to the parties aforesaid in state as now before the Lady the Queen at Westminster until VVednesday next after 15. dayes of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further is given to the parties aforesaid in state as now before the Lady the Queen at VVestminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westmin come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Que. here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid in state as now before the said Lady the Queen at VVestminster until Tuesday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day thereof is further given to the parties aforesaid before the Lady the Queen at VVestminster until Thursday next after 8. dayes of Saint Hillary to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attorneys aforesaid Upon which all singular the premises being seen by the Court of the Lady the Queen here well understood and diligently looked into mature deliberation being thereof had because it seemeth to the Court of the Lady the Queen that now is here That the aforesaid Entry of the aforesaid John Frayne into the Close within written with the Appurtenances in which c. in and upon the possession of the aforesaid William Dillon thereof is a good and lawfull Entry It is granted That the aforesaid William Dillon take nothing by his Bill aforesaid but for his false clamour be in mercy c. And the aforesaid John Frayne thereof go without day c. TRESPAS Trinity Term Anno 24. ELIZABETH Rot. 928. in the COMMON-PLEAS Co. 2. part Thoroughgoods Case Fol. 5. b. WIlliam Cole late of Great Paringdon in the County aforesaid Gent. Essex was attached to answer to William Thoroughgood of a Plea wherefore with force and arms the Close and House of him the said William Thoroughgood at great Paringdon he brake and his grass there