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
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
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
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
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
at Westminster in the County of Midd. was holden at Westminster aforesaid unto the Castle of the Lady the Queen c. is adjorned c. and their holden c. Afterwards the said Lady the Queen By other Letters Patents Constituted John Clench and Francis Rodes one of her Serjants at Law Justices to Assizes in the a-aforesaid County of York c. And the said Justices by virtue of the said Lett. Patents Afterward that is to say Monday in the 4th week of Lent in the yeer of the Reign of the said Lady the Queen that now is the 25th At the Castle of York came before whom then and there come the aforesaid Thomas Dowman and Elizabeth by their Attorney aforesaid and pray a Writ of Reattachment to the aforesaid Edward George Richard Coats c. that they be before the Justices of the Lady the Queen at the next Assizes in her County of York to be taken assigned to be holdē at the afores Castle of York to hear the Record and their Judgement of the Assize aforesaid w hc was in the Court of the said Lady the Queen that now is at the Castle aforesaid so that that Assize then be here in the State as it was in the Court of the said Lady the Queen that now is before the aforesaid John Clench and Francis Gawdy Justices to Assizes c. At the aforesaid Castle of York the aforesaid Monday the 6th day of August in the year of the said Lady the Queen that now is the 24th in which day the Assize aforesaid was adjorned before the said John Clench and Francis Gawdy then Justices c. from the aforesaid Castle of York unto the aforesaid Inn of the Justices in Chancery Lane London untill the aforesaid Saturday next after the aforesaid morrow of All Souls then next following c. At which next Assizes holden at the Castle of York aforesaid Monday the 29th day of July in the yeer of the Reign of the said Lady the Queen that now is the 25th before the aforesaid John Clench and Francis Gawdy then Justices to Assizes c. came as well the aforesaid Thomas Dowman and Elizabeth by their Attorny aforesaid as the aforesaid Edward George Richard Coats Iohn William Robert and Robert by the aforesaid Thomas Hill their Attorny And the Sheriff that is to say Thomas Wentworth Esq now sent That the aforesaid Edward Vavasor George Richard Coats Iohn William Robert and Robert c. And upon this day is given to them before the Justices of the said Lady the Queen that now is of the Bench in the Bench at Westminster in the morrow of All Souls next comming to hear and receive what to the said Justices should seem in this behalf because the said Iohn Clench and Francis Rodes Justices to Assizes c. thereof not yet c. And the Assize aforesaid with all touching the same to the said Justices of the Bench is sent c. The Warrant of Attorny followes and the Writ of Resummons in the Roll and the Tenor of the Writ of Reattachment and Retorn of the said Writ Elizabeth c. To the Sherriffs of York greeting Reattach Edward Vavasor Esq George Richard Coats Iohn William Robert and Robert or their Bailiffs if they shall not be found before our Justices to Assizes in your County to be taken assigned at the Castle of York in your County upon Monday the 22d. day of Iuly then next to come to hear the Record and Judgement of the Assize of Novel disseisin which was in our Court at the Castle aforesaid which Assize Thomas Dowman Esq and Elizabeth his Wife there arraigned against them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of Pasture with the Appurtenances in Spaldington VVillytoft and Southcone So as they that Assize then be there in the same state as it was in our Court before Iohn Clench third Baron of our Exchequer and Francis Gawdy one of our Serjants at Law our Justices to Assizes in your County to be taken assigned At the aforesaid Castle of York Monday the 6th day of August last past which day the assize aforesaid for certain causes was from thence adjorned before the same our Justices unto the Inn of the Justices in Chancery Lane London Untill Saturday next after the morrow of All Souls then next following And have here the names of the Pledges and this Writ Iohn Clench at the Castle of York the 11th day of March in the yeer of our Reign the 25th Frankland Cresly The within named Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert hath not any thing nor any of them have any thing in my Baliwick by which they can be attached or any of them can be attached nor have they nor any of them hath a Bailiff or Bailiffs nor are they or any of them to be found in the same Thomas VVentworth Esq Sheriff And now here that is to say at VVestminster aforesaid at this day that is to say at the aforesaid morrow of All Souls came as well the aforesaid Thomas Dowman and Elizabeth by the aforesaid Henry Cressy their Attorny as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by Tho. Algar their Attony And because the Justices of the Bench here will avise themselves of and upon the premses before they give their Judgement thereof day is given to the parties here until 8. dayes of St. Hillary and so it is continued in 8. dayes of St. Hillary the yeer following At which day here come as well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by their Attornies aforesaid and upon this The premises being seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Indenture by the aforesaid Peter Vavasor Esq after the aforesaid Recovery in form aforesaid made and had was good and sufficient in the Law to lead the uses of the Recovery aforesaid of the Tenements aforesaid with the Appurtenunces so that the same Recovery of the Tenements aforesaid with the Appurtenances in the view of the Recognitors of the Assize aforesaid put and in the Plaint aforesaid specified by the aforesaid Andrew VVindsor VVilliam Vavasor Peter Vavasor the younger and John Laundere against the aforesaid Peter Vavasor Esq in form aforesaid had was to those uses in the aforesaid barr of the aforesaid Edward above specified in manner and form as the said Edward in his bar aforesaid above alleged Therefore it is considered That the aforesaid Thomas Dowman and Elizabeth take nothing by their Writ aforesaid but in mercy for their false clamour c. And the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert go thereof without day c. Audita Querela Easter Term Anno 80. of King JAMES Doctor Druries Case C. 8. part Fol. 139. a. AT another time as appeareth in
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
the said Richard Mauser and John Mauser his Son and their Heirs and the Heirs of either of them do at all times hereafter upon request to them or any of them made at the costs and charges of the said William Paynter his Heirs and Assigns make seal deliver acknowledge and do all and every such further reasonable Act and Acts thing and things devise and devises in Law as shall be reasonably devised or required to be done by the said William Paynter his Heirs or Assigns or his or their Counsel learned in the Law for the further assurance surety and sure-making of the aforesaid parcel of Woodland with the appurtenances unto the said William Paynter his Heirs and Assigns That then this present Obligation to be void or otherwise to remain in his force and vertue Which being read and heard The said Richard saith That the said William ought not to have his Action against him because he saith That the aforesaid William from the time of the making of the writing aforesaid untill the day of the bringing of the Original Writ of the said William that is to say the 16th day of October in the year of the Reign of the Queen that now is the 24th had held and enjoyed all the said parcell of Wood with the appurtenances called Southwood in the Condition aforesaid above specified kept free of and from all and singular former Bargains sales gifts grants demises rights joyntures dowers rent charges and from all other charges and incumbrances whatsoever had made or suffered to be made by the said Richard Mauser his Heirs or Assigns according to the form and effect of the Endorsment thereof And the said Richard Mauser further saith That after the making of the writing aforesaid and before the day of the bringing of the Original Writ aforesaid That is to say The 10th day of April in the year of the Reign of the said Lady the Queen that now is the 24th The aforesaid William Paynter at Gillingham in the County of Kent devised in writing a certain writing of Release between the said William Paynter and him the said Richard Mauser and the before said John Mauser and then and there required the said Richard and the said John that they would deliver the said writing as their Deed whereupon the said Richard the said writing at Gillingham aforesaid sealed and delivered as the Deed of the said Richard to the aforesaid William And further the said Richard saith That the said John Son of the said Richard in the condition aforesaid named upon the request of the said William made to the said John to Seal and deliver that writing as his Deed upon the shewing of the said writing of Release so devised because the said John was not lettered and could not read nor discern the contents or matter of the said writing at Gillingham aforesaid then required of the said William Paynter the writing aforesaid to be delivered unto him to shew the same to a man learned who could read the said writing to him so that he upon the reading of the contents of the writing aforesaid might inform himself whether that writing were made according to the Tenor of the Condition aforesaid or not and the said John said then and there That he would Seal and deliver that writing if that writing were according to the Tenor of the Condition aforesaid But the said William then and there refused to deliver to the said John the writing aforesaid to shew to a man learned in the Law who could read the same to the â—aid Iohn By reason of which The said Iohn did not seal nor deliver the writing aforesaid to the said William upon the request of the said William in manner and form aforesaid made And the aforesaid Richard Mauser saith That from the time of the making of the writing aforesaid untill the day of the bringing of the Writ aforesaid there were not any other farther Act or Acts devise or devises by the said William or his Counsel learned devised and required to be done to the aforesaid William Paynter for the further assurance security and sure making of the aforesaid parcell of Wood with the appurtenances by the said Richard Mauser and Iohn Mauser or any of them to the aforesaid William Paynter his Heirs and Assigns according to the form and effect of the Condition aforesaid to be done And this he is ready to averr whereupon he prayeth Judgement if the said William his Action aforesaid against him ought to have And the said William saith That the Plea of the said Richard in manner and form above pleaded is not sufficient in Law to Barr the said William to have his Action aforesaid against the said Richard and that he to that Plea in manner and form aforesaid pleaded needeth not by the Law of the Land to Answer and this he is ready to averr Whereupon for default of a sufficient Plea in this party The said William demandeth Judgement and his debt aforesaid together with his damages by occasion of deteining his debt to be adjudged unto him c. And the said Richard for as much as he sufficient matter in Law to barr the aforesaid William of having the Action aforesaid against the said Richard above hath alleged which he is ready to averr And which matter the said William doth not deny nor to the same in any manner Answer but the same averment to admit doth altogether refuse as before he demandeth Judgement and that the said William from his action aforesaid having against him the said Richard be barred c. And because the Justices here will advise of and upon the premises before they give Judgement day is given to the parties aforesaid untill the day after the Holy Trinity to hear their Judgement c. Because the said Justices hereof not yet c. At which day here come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and because the Justices here will further advise of and upon the premises before they give Judgement further day is given to the parties aforesaid untill in 8. dayes of St. Michael to hear their Judgement because the said Justices here hereof not yet c. At which day come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and upon this the premises considered and by the Justices here fully understood It seemed to the Justices here That the aforesaid Plea of the said Rich. Mauser above in Barr pleaded is not sufficient in Law the said Rich. as to barr the said Wil. to have his ActioÌ„ aforesaid against the said William Paynter above hath alleged Therefore it is granted that the said William Paynter recover against the said Richard Mauser his debt aforesaid and his damages by occasion of deteining of his debt to 20. pounds to the said William with his assent by the Court here adjudged and the aforesaid Richard in mercy c. Afterwards that is
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
Record inrolled according to the form of the Statute in such case made and provided One part whereof sealed with the seal of the said Thomas Bowes to the Jurors aforesaid was shewed in Evidence For and in consideration of a certain summ of Money to the said Thomas by the aforesaid William Petham Esq before hand payed bargained and sould to the said William Petham The Messuage aforesaid with the Appurtenances amongst other things To have to him and his Heirs and Assignes for ever The Tenor of which Indenture followeth in these words This Indenture made the 19th day of December 1571. And in the 14th year of the Reign of our Sovereign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. Between Thomas Bowes Esq Son and Heir of Sir Martin Bowes Kt. late Citizen and Alderman of the City of London deceased of the one party And William Petham of London Esq and Lieutenant General of the Queens Majesties Ordnance of the other party Witnesseth That the said Thomas Bowes for and in consideration of the summ of 1000. pounds of good and lawful Money of England to him the said Thomas Bowes by the said William Pelham at and before the sealing of these presents well and truly contented and paid whereof and wherewith the said Thomas Bowes acknowledgeth himself fully contented satisfied and paid And thereof of every part and parcel thereof doth by these presents clearly acquit exâ—nerate and discharge the said William Pelham his Heirs Executors Administrators and Assignes and every of them for ever by these presents Hath bargained sold given and granted and by these presents doth fully and absolutely bargain sell give and grant unto the said William Pelham his Heirs and Assignes forever All those 8. Messuages or Tenements with the Appurtenances situate lying and being in the Parish of St. Mary VVoolnoth within the City of London now or late in the several Tennures or Occupations of Francis Barnard Cook Thomas Atkinson Scrivener John Allen Thomas Giles Haberdasher John Heath Scrivener Thomas Ryding Cloathworker Citizens of London Ellin Witten and Elizabeth Banester of London Widowes or their several Assignes together with all and singular Shops Sellers Yards Back-sides void Groundâ— Easements Wayes Profits Commodities and Appurtenances to the same Tenements or any of them belonging or appertaining or at any time had taken reputed known used or occupied as part parcell or member of them or any of them with the Advowson or Patronage and gift of the Benefice of the said Parish Church of St. Mary Woolnoth Together with all the Right Title Interest Claim Demand and Reversion with Rents reserved which the said Thomas Bowes hath or of right ought to have of in or to the said 8. Messuages and other the premises or any part or parcell of them or any of them And also the said Thomas Bowes for the Consideration aforesaid Hath bargained and sold given and granted and by these presents doth fully and absolutely bargain and sell give and grant unto the said VVilliam Pelham his He is and Assignes for ever As well the severall Counterpaines of the Indentures oâ— leases made demised and granted of the aforesaid several Messuages or Tenements As also all and every the Deeds Evidences Charters Court-Rolls Rentalls Escripts Miniments and Writings touching or in any wise concerning the premises or any part or parcell thereof All which said several Counterpaines of the said several Indentures of Lease and the said Deeds Evidences Court-Rolls Charters and Miniments before mentioned to be bargained and sold or as many thereof as be in the hands custody or possession of the said Thomas Bowes or of any other to his use The said Thomas Bowes doth covenant grant and agree for himself his Heirs Executors Administrators or Assignes and every of them to and with the said VVilliam Pelham his Executors Administrators and Assignes and every of them by these presents to deliver or cause to be delivered to the said VVilliam Pelham his Heirs Executors Administrators or Assignes At or before the Feast of the Nativity of St. John the Baptist next insuing after the Date of this Indenture Together with the true Copies of all such other Deeds Evidences Charters Court Rolls Rentalls Miniments and Writings as concern the said mentioned premises and other Lands Tenements and Hereditaments not bargained by these presents To have and to hold all and singular the aforesaid Messuages and other the premises with the Appurtenances and every part and parcell thereof by these presents bargained and sold unto the said VVilliam Pelham his Heirs and Assignes forever to the proper use and behoof of the said VVilliam Pelham his Heirs and Assignes for ever And further the said Thomas Bowes doth by these presents covenant and grant for him his Heirs and Executors to and with the said VVilliam Pelham his Heirs Executors Administrators and Assignes by these presents That all and singular the said 8. Messuages and other the premises with their Appurtenances and every part and parcel thereof by these presents bargained and sold now remain and be and at all and every time and times hereafter shall remain and continue unto the said VVilliam Pelham his Heirs and Assignes for ever clearly acquitted discharged or otherwise sufficiently saved harmlesse by the said Thomas Bowes his Heirs Executors Administrators or Assignes of and from all Bargaines Sales Joyntures Dowers Judgements Executions Intrusions Fines Alienations and all other charges duties and incombrances whatsoever heretofore had made done or suffered by the said Thomas Bowes or his Assignes or by any other person or persons the several Leases heretofore made and granted of the premises now standing in their full force onely excepted and foreprised during which several Terms in the said several Indentures of Lease mentioned the said Thomas Bowes doth covenant and grant for Him his Heirs and Assignes to and with the said VVilliam Pelham his Heirs Executors and Assignes That the several Rents thereupon reserved shall and may have continuance and be payable to the said VVilliam Pelham his Heirs and Assignes during the said several Terms All manner of chief Rents and services heretofore to be due for the same to the chief Lord and Lords of the Fee and Fees only excepted And farther the said Thomas Bowes doth by these presents for himself his Heirs Executors Administrators and Assignes and every of them covenant grant and agree with the said William Petham his Heirs Executors Administrators and Assignes and every of them by these presents That he the said Thomas Bowes at the making thereof standeth and is lawful and rightful owner of all and singular the aforesaid 8. Messuages and other the premises with their Appurtenances and every part and parcel thereof And that he is sole lawfully and rightfully seised of a good and perfect estate in Fee simple or Fee tail in his own right and to his own use onely and without condition or other defeasance of all the
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
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
holden assigned and calling before them the Barons of the Exchequer aforesaid and the reasons of the Judgement aforesaid of the said Barons being heard Because it seemeth to the aforesaid Keeper of the Great Seal of England and to the aforesaid Tresurer with the Counsel of the Justices aforesaid That in the Record and Processe aforesaid and also in the giving of the Judgement aforesaid it is manifestly erred Therefore it is granted by the said Keeper of the Great Seal of England and the aforesaid Tresurer That the Judgement aforesaid be conversed and annulled And that the aforesaid Richard Bushopp of the Entry Intrusion Trespasse and Contempt aforesaid be convicted And that the aforesaid Richard Bushopp be amoved from the possession of the premises And be Attached by his Body wheresoever c. To make fine with the Lady the Queen for the aforesaid his Trespass and Contempt whereof in form aforesaid he is convicted And that the Record aforesaid be sent back into the Exchequer aforesaid for the Execution therof for the aforesaid Lady the Q. to be done according to the form of the Statute aforesaid thereof made Therfore it is agreed by the Barons here That the Writ of the Lady the Queen that now is issue forth out of the Court here to amove the aforesaid Richard Bushopp from the possession of the premises aforesaid And to attach the aforesaid Richard by his body wheresoever c. to make fine for the Trespass aforesaid and contempt whereof in form abovesaid he is convicted retorneable here in 8 dayes of Saint Michael and it is commanded to the said Sheriff of the said County of Worcester that him the said Richard he amove attach in the form aforesaid Monstrans de Droit C. 1. part Digges Case fo 157. a. England ss Memorandum That Thomas Egerton Knight Lord Keeper of the Great Seal of England Tuesday next after 8. dayes of St. Hillary this Term before the Lady the Queen at Westminster by his own proper Hands delivered here into Court a certain Record before the Lady the Queen in her Chancery had in these words Pleas before the Lady the Queen in her Chancery at Westminster in the County of Middlesex of the Term of Easter in the veer of the Reign of our said Lady Elizabeth by the Grace of God of England France and Ireland Queen defender of the Faith c. the 40 th THe Lady the Queen that now is sent her writ closed to the Sheriff of Sussex directed in these words Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Sheriff of Sussex greeting c Whereas by a certain inqusition Inacted taken at Dartford in our County of Kent the 8th day of November in the year of our Reign the 35th before Edward Fenuer one of our Justices to pleas before us to be holden assigned William Sydley Justinian Champnes Edward Cook Esquiers and William Kneaplock Gent. Deputy of our Escheator of our County aforesaid by virtue of our Commission to them and others in that behalf directed to enquire after the death of Thomas Digges Esquire by the Oaths of good and lawfull men of the County aforesaid amongst other things It is found that the aforesaid Thomas Digges in the same commission named was seised in his demesn as of Fee amongst other things of and in the Manor of Owtelmestone with the appurtenances and in all Lands and Tenements with the appurtenances to the same belonging and appertaining lying and being in the said County of Kent and of 110 Acres of Land Meadow Pasture and Wood with the appurtenances called Estendown and Beacondown lying and being in Barham and Kingstone in the said County of Kent and of and in the Manor of Yoke and Yokes Court and Fokeham and in all Messuages Lands Tenements and Hereditaments to the said Manors belonging and appertaining lying and being in the said county of Kent and of 40 Acres of Land Wood and Pasture called Throuhgly Close and Tyllers in Barham aforesaid which late were purchased of William Boyes Gentleman by way of Exchange and of 2 Acres of Land and Wood lying and being in Wemingswold in the aforesaid County and farther by the Inquisition aforesaid it is found that Thomas Arch. Bishopp of Canterbury being seised in his demesn as of Fee as in the right of his Arch Bishoprick of Canterbery aforesaid of and in the Manor of Bishopps Born with the appurtenances in the said County of Kent by an Act of Parliament at Westminster in the County of Middlesex in the yeer of the Reign of Henry late King of England the 8th the 34th made and provided amongst other things it is enacted established that one Thomas Culpeper Esq should have hold and enjoy by authority of the said Act aforesaid to him and his heirs of the bodie of him the said Thomas of the bodie of one Elizabeth somtimes his wise deceased lawfully begotten and for default of such issue the remainder thereof to the Heirs of the bodie of the aforesaid Elizabeth and for default of such issue the remainder thereof to the right Heirs of one William Hante for ever the aforesaid Manor of Bushops born with the appurtenances in the said County of Kent and then parcel of the possessions of the said Arch-Bishop to hold the Manor aforesaid with the appurtenances amongst other things of the aforesaid Lord the King his Heirs and Successors in Capite by the 20th part of a Knights Fee and the Rent of 38 shillings by the yeer By virtue of which Act of Parliament the said Thomas Culpeper entred into the aforesaid Manor with the appurtenances and was thereof seised as the â—aw required and so being thereof seised the same Thomas Culpeper by sufficient conveyance and assurance in Law conveyed and assured the aforesaid Manor of Bishopsborn with the appurtenances to one Anthony Awcher Knight to have and to hold to him and his heirs By virtue of which the said Anthony Awcher Knight in the aforesaid Manor of Bishopsborn with the appurtenances entred and was there of seised in his demesn as of Fee the estate of which Anthony Awcher of and in two parcels of Land and Wood with the appurtenances called the Haute and Reed conteyning by estimation 60 Acres of Land late were purchased by Christopher Digges Father of the aforesaid Thomas Digges in the said Commission named lying and being in Barham aforesaid and in Bourn of which he died seised the said Thomas Digges was of the aforesaid parcels of Land Wood with the appurtenances seised in his demesn as of Fee which parcel of Land and Wood with the appurtenances called the Haute and Reed at the time of the making and ordeyning of the said Act of Parliament time whereof the memory of men is not to the contrary were parcel of the said Manor of Bishopsborn the said Tho. Digges of the Manors Lands and Tenements other the premises aforesaid with the
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
to the value of 20. l. growing with certain cattel trod and consumed and other harms to him did to the grievous damage of him the said William Thoroughgood and against the Peace of the Lady the Queen that now is c. And whereupon The said William Thoroughgood by William Aylesbury Attorney complaineth That the aforesaid William Cole the 12th day of October in the year of the Reign of the Lady the Queen that now is the 23. with force and arms the Close and House of him the said William Thoroughgood at great Paringdon aforesaid brake and his grass to the value c. there late growing with certain cattel that is to say Horses Cows Hogs and Sheep fed trod and consumed the Trespass aforesaid as to the feeding treading and consuming of the grass aforesaid from the aforesaid 12th day of October in the 23th year abovesaid until the day of the bringing of this Writ Original of him the said William Thoroughgood that is to say the 6th day of November then next following diverse dayes and terms continuing and other harms c. To the grievous damage c. and against the Peace c. and whereupon he saith he is the worse and hath damage to the value of 40. l. and thereof he bringeth Sute c. And the aforesaid William Cole by Thomas Reynolds his Attorney cometh and defendeth the force and injury when c. And as to the coming with force and arms he saith That he is not guilty thereof and of this puts himself upon the Country and the aforesaid William Thoroughgood likewise And as to the rest of the Trespass aforesaid above supposed to be done The said William Cole saith That the aforesaid William Thoroughgood ought not to have his Action against him because he saith That the Close and House aforesaid as also the places in which it is supposed the Trespass aforesaid to be done are and at the time of the Trespass aforesaid above supposed to be done were one Messuage and two Acres of Meadow with the Appurtenances called Nichols Tenement in great Paringdon aforesaid which Tenements with the apturtenances are and the aforesaid time of the Trespass aforesaid above-supposed to be done were the soyl and Freehold of him the said William Cole for which the aforesaid William the aforesaid time in which c. the Close and House aforesaid as his Close and soyl and Freehold of him the said William into the same Messuage and two Acres of Meadow with the appurtenances brake and the grass of him the said William Cole there of his own there growing with his Cattel did feed tread and consume as it was lawfull for him to do And this he is ready to aver whereupon he demandeth Judgemēt whether that the aforesaid Wil. Thoroughgood his action aforesaid against him ought to have c. And the aforesaid William Thoroughgood saith That he for any thing before alledged from having his Action aforesaid ought not to be barred because he saith That the Close and house and also the places in which the Trespass aforesaid whereof he above maketh complaint was are and at the time of the Trespass aforesaid done were one Messuage called Burrowes 8. Acres of Land called the great West field four Acres of Land called Diggins Holme and six Acres of Land called Grove field with the Appurtenances in great Paringdon aforesaid others then the aforesaid Messuage and two Acres of Meadow with the Appurtenances called Nichols Tenements in the Bar of the aforesaid William Cole above specified and this he is ready to aver wherefore in as much as the said William Cole to the Trespass aforesaid in the Tenements aforesaid with the Appurtenances new assigned over doth not Answer the aforesaid William Thoroughgood demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged c. And the aforesaid William Cole as to any Trespass in the aforesaid Tenements now assigned supposed to be done he saith That the aforesaid William Thoroughgood his action against him ought not to have because he saith That long before the aforesaid time of the Trespass aforesaid above supposed to be done That the aforesaid William Thoroughgood was seized of the said Tenements with the Appurtenances new assigned in his Demesn as of Fee and so thereof being sized before the aforesaid time in which c. A Fine was Levied in the Court of the Lady the Queen that now is here that is to say at Westminster in 8. days of St. Hillary in the 10th year of her Reign before James Dyer Richard Weston John Welsh and Richard Harper then Justices and afterwards from the day of Easter in 14. days then next following granted and recorded before the same Justices and other the Queens faithfull peuple then and there present between William Chicken and Elizabeth his wife Plaintiffs and the aforesaid William Thoroughgood and Agnes his wife Defendants of the Tenements aforesaid with the Appurtenances amongst other things by the names of one Messuage one Garden 45. Acres of Land 5. Acres of Meadow 10. Acres of Pasture and four Acres of Wood with the Appurtenances in great Paringdon and Avydon whereof a Plea of Covenant was sued between them in the said Court here That is to say that the aforesaid Will. Thoroughood Agnes his wife acknowledged the Tenements aforesaid to be the Right of the said VVilliam Chicken as those which the said VVilliam and Elizabeth had of the gift of the aforesaid VVilliam Thoroughgood and Agnes and them remised and quit claimed from them the said VVilliam Agnes and their Heirs to the aforesaid VVilliam Chicken and Elizabeth the Heirs of the said VVilliam forever which Fine in form aforesaid levied and had was levied to the use of the aforesaid William Chicken and Elizabeth and the Heirs of the said William forever By vertue of which Fine the aforesaid William Chicken and Elizabeth were seized of the Tenements aforesaid that is to say The said William Chicken in his Demesn as of Fee and the aforesaid Elizabeth in her Demesn as of Freehold for the term of her life And the said William and Elizabeth so thereof being seized before the aforesaid time in which c. Of the said Tenements with the Appurtenances enfeoffed one Edward Turner Esauire To have to him and his Heirs for ever By vertue of which Feoffment the aforesaid Edward was of the Tenements aforesaid with the Appurtenances seized in his Demesn of Fee By which the said William Cole as servant to the said Edward and by his Commandment the aforesaid tim in which c. the Close and House aforesaid as the Close and House soyl and Freehold of the said Edward his own brake and the grass aforesaid as the proper grass of him the said Edward in the Tenements aforesaid with the Appurtenances new assigned then growing with his Cattel aforesaid fed trod and consumed as it was lawfull for him to do And this he is ready to aver whereupon he
demandeth Judgement if the aforesaid William Thoroughgood his Action aforesaid against him ought to have c. And the aforesaid William Thoroughgood as to the aforesaid Plea of the aforesaid VVilliam Cole to the Trespass aforesaid in the Tenements aforesaid with the appurtenances of new Assignment done above in Bar thereof pleaded saith That he for any thing in the said Plea before alledgeth from the having his action aforesaid ought not to be barred Because he saith That the aforesaid Fine was had and levied to the use and behoof of the aforesaid VVilliam Chicken and Elizabeth and the heirs of the said VVilliam upon the Condition that the aforesaid VVilliam Chicken and Elizabeth and the Heirs and Assigns of the said VVilliam Chicken well and truly should deliver and pay to the said VVilliam Thoroughgood and Agnes and their Executors and Assigns 8 l. of good and lawfull money of England and four Quarters of Malt at the Mansion house called Barrowes in Paringdon aforesaid yearly during the natural lives of them the said VVilliam Thoroughgood and Agnes and the longer liver of them at the Feast of St. Michael the Archangel and the Feast of the Anunciation of the blessed Mary the Virgin by equal portions and also upon condition That the aforesaid VVilliam Chicken and Elizabeth and their Heirs or Assigns should pay to the said VVilliam Thoroughgood and Agnes their Executors Administrators or assigns 76. l. 13. s. and 4. d. of like lawfull money of England at the aforesaid Mansion house called Barrows in form following that is to say at the Feast of St. Michael the Archangel in the year of our Lord God 1568. three pound six shillings eight pence and so at the Feast of St. Michael the Archangels at the Mansion House aforesaid three pound six shillings eight pence yearly untill the aforesaid summ of seventy six pound 13. s. and 4. d. should be fully satisfied and paid and for the not payment doing and performing of the aforesaid Conditions according to the true intents and meanings of the same Condition the aforesaid Fine and other the conveyance aforesaid to be made were to the use and behoof of them the said William Thoroughgood and Agnes as in their former estate by colour of which Fine the aforesaid VVilliam Chicken and Elizabeth were seized of the Tenements aforesaid with the Apurtenances of new assigned amongst other things that is to say the aforesaid VVilliam in his Demesn as of Fee and the aforesaid Elizabeth in her Demesn as of Freehold for term of her life upon the Conditions aforesaid And further the said VVilliam Thoroughgood by Protestation that the said William Chicken and Elizabeth did not pay do or perform any thing according to the form and effect of the Conditions aforesaid For Plea saith That the aforesaid William Chicken and Elizabeth or either of them did not pay or either of them pay to the said William Thoroughgood and Agnes or either of them 3. l. 6s 8d of good and lawful money of England at the Feast of St. Michael the Archangel on the year of the Reign of the said Lady the Queen that now is the 18th Which to them at the said Feast of St. Michael they ought to have paid according to the form and effect of the aforesaid first Condition by which the aforesaid William Thoroughgood by vertue of the Fine aforesaid and by force of a certain Act in Parliament of the Lord Henry late King of England the 8th at VVestminster the fourth day of February in the year of his Reign the 27th holden made and provided of transferring uses in possession was seized of the Tenements aforesaid with the Appurtenances of new assigned amongst other things in his Demesn as of Fee and in the Tenements aforesaid of new assigned entred and the aforesaid William Cole the day and year in the Declaration aforesaid above specified with force and Arms c. the Close and House of him the said William Thoroughgood in the aforesaid Tenements of new assigned broke and the grass aforesaid there then growing with his cattel aforesaid was fed trod and consumed as he the said William against him complaineth and this he is ready to aver Wherefore in as much as the said William Cole doth acknowledge the Trespass aforesaid in the same Tenements of new assigned done as abovesaid The said William Thoroughgood demandeth Judgement his damages by the occasion of that Trespass to be to him adjudged c. And the aforesaid William Cole by Protestation That the Fine aforesad was not levyed to the use of the said William Chicken and Elizabeth upon the Conditions aforesaid as the aforesaid William Thoroughgood above alledgeth For Plea saith That after the Fine aforesaid Levied that is to say the second day of September in the year of the Reign of the Lady the Queen that now is the 18th at Great Paringdon aforesaid the aforesaid VVilliam Thoroughgood by his Writing of the Lease which the said VVilliam Cole with the Seal of the said VVilliam Thoroughgood Sealed here in Court brings whose Date is the same day and year by the name of VVilliam Thoroughgood of Hansdon in the County of Hertford Yeoman Remised Released and for him and his Heirs for ever quit claimed to the aforesaid VVilliam Chicken by the name of William Chicken of Hansdon aforesaid Yeoman All and all manner of Conditions Entries for Conditions broken and demands whatsoever from the beginning of the World unto the day of the Date of the said Writing of Release and this he is ready to aver whereupon as at first he demandeth Judgement and that the aforesaid William Thoroughgood be barred from having his Action aforesaid against him c. and the aforesaid William Thoroughgood saith That he is a Layman and unlearned and that at the time of the making of the Writing of Release supposed to be done divers arrerages of the aforesaid yeerly payments above recited in form aforesaid to be paid were behind and that the aforesaid Writing of Release was then read and declared to him as a Writing of Acquittance of all arrerages of monies to him in form aforesaid to be paid then to the said William Thoroughgood being behind and not paid only By which the said William Thoroughgood believing that Writing to be a Writing of Acquittance of the arrerages of the monies aforesaid only sealed and delivered the said Writing to the aforesaid William Chicken and said William Thoroughgood saith That the said Writing in Court here brought containing in self him the said William Thoroughgood to have Remised Released and for him and his He is for ever quit claimed to the aforesaid VViliam Chicken all and all manner of Conditions Entries for Conditions broken and Demands whatsoever from the beginning of the world until the day of the date of the said Writing of Release is not his Deed And he prayeth that this may be enquired of by the Country And the aforesaid William Cole likewise Therefore it is commanded
done are and the aforesaid time in which it is supposed the Trespass aforesaid to be done were 10. Acres of Land called Bromfield with the appurtenances in Marton aforesaid which 10. acres of Land with the appurtenances are the Soil and Freehold of the said Christopher And that the said Christopher the aforesaid time in which c. the Close aforesaid as his own Close Soil and Freehold of him the said Christopher in the said 10. acres of Lands with the appurtenances brake and the Corn there as his own Corn there growing in the aforesaid 10. acres with the Appurtenances as in his own Soil and Freehold there trod and consumed as it was lawful for him to do and this he is ready to aver Whereupon he demandeth Judgement if the aforesaid Anthony his Action aforesaid against him ought to have c. And the aforesaid Anthony saith that he by any thing before alleged ought not to be barred from having his Action aforesaid Because he saith That the Close aforesaid as also the places in which the Trespass aforesaid above complaineed of was done are and the time aforesaid of the Trespass aforesaid done were 4. acres of Land with the Appurtenances called Scarhill Set and VVatersey Mire in Marton aforesaid others than the aforesaid 10. acres of Lands called Bromfield with the Appurtenances in the Bar of the said Christopher above specified And this he is ready to aver Wherefore in as much as the aforesaid Christopher to the Trespass aforesaid in the aforesaid 4. acres of Lands with the Appurtenances above new assigned done doth not answer The said Anthony demandeth Judgement and his damages by occasion of that Trespass to be to him adjudged c. And the aforesaid Christopher as to any Trespass in the aforesaid 4. acres of Land with the appurtenances new assigned above supposed to be done saith that he thereof is not guilty as the aforesaid Anthony against him complaineth And of this puts himself upon the Country And the aforesaid Anthony likewise Therefore it is commanded to the Sheriff That he cause to come here in the Morrow of the Holy Trinity 12. c. by whom c. And who neither c. To Recognize c. Because as well c. At which day here come the parties And the Sheriff sent not the Writ c. Therfore as at first it is commanded to the Sheriff That he cause to come here from the Holy Trinity in 3. Weeks 12. c. To Recognize in form aforesaid c. At which day the Jurors between the parties aforesaid of the aforesaid Plea between them were put in respite here until this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lady the Queen to take Assizes in the County aforesaid assigned by the form of the Statute c. Upon Monday the 14th day of July last past at the Castle of York in the said County should first come And now here at this day come as well the aforesaid Anthony as the aforesaid Christopher by their Attornies aforesaid and the aforesaid Justices to Assizes before whom c. sent here their Record in these words Afterwards the day and place within written within contained before John Clench one of the Justices of the Lady the Queen to Pleas before the Queen her self to be holden assigned And Shomas Walmesly one of the Justices of the said lady the Queen of the Bench Justices of the said Lady the Queen to Assizes in the County of York to be taken assigned by the form of the Statute c. came as well the within named Anthony Baldwin as the aforesaid within written Christopher Marton by their Attornies within mentioned And the Jurors of the Jury whereof within is made mention some of them that is to say William VVharton of Dunkeswick Gentleman Adam VVyre of Ayrton Yeoman John Brown of Pathorn Yeoman Ralph VValker of Bolton Gentleman Thomas Preston of Whengille Yeoman and Henry Laycock of Felliface Yeoman come And the Jurors aforesaid are sworn And because that the rest of the Jurors of that Jury did not appear Therefore others of the Standers by to this chosen by the Sheriff of the County aforesaid are at the request of the said Anthony and by the Commandment of the Justices new added whose names to the Pannel within written are filed according to the form of the Statute in such case made and provided And the Jurors so a new added now appearing that is to say Gabriel Green William Newby John Hawton John Brorcey John Craven and WILLIAM RICHARDSON come who to say the truth of the within contained together with theother Jurors aforesaid first impannelled and sworn to say chosen tryed and sworn say upon their Oath That before the within written time in which it is supposed the Trespass within written to be done The aforesaid 4. acres of Land with the Appurtenances in which c. were parcel of the possessions of the late Monastery or Priory of Bolton in Craven and that one Richard late Prior of the Priory or Monastery aforesaid was seized of one Tenement Messuage or Farm called Vngthorpe in the Parish of Marton in Craven whereof the aforesaid four Acres of Land with the Appurtenances within new assigned are and the within written time in which c. were parcel in his Demesn as of Fee in the Right of his Monastery aforesaid and so thereof being seized The said late Prior with the assent of the Covent of the same place the 26. day of December in the year of the Reign of the Lord Henry late King of England the 8th the 25th By an Indenture sealed with the Common Seal of the aforesaid Prior and Covent to the Jurors in evidence shewed demised the aforesaid Tenement Messuage and Farm whereof the within written 40. Acres of Land with the appurtenances then were and yet are parcel to one Hugh Baldwin and Agnes his Wife To have and to hold to the said Hugh Baldwin and his Assigns from the date of the Indenture aforesaid unto the end and term of 31. years fully to be ended By vertue of which Demise The said Hugh and Agnes in the aforesaid four Acres of Land with the appurtenances in which c. entred and were thereof possessed the Reversion thereof to the aforesaid Prior and his Successors And the aforesaid Hugh and Agnes of the aforesaid four Acres of Lands with the appurtenances in which c. for the Term aforesaid being possessed the Reversion thereof to the aforelate Prior in form aforesaid ezpectant By a certain Act in Parliament of the said late King Henry the 8th at Westminster in the County of Middlesex the 28th day of April in the 31. year of his Reign begun and continued until the 28th day of June then next following and there then holden amongst other things it is Ordained and established by the said late King and the Lords Spiritual and Temporal and the Commons in the said Parliament
That the said Christo the day and yeer in the Declaration above specified entred into the aforesaid 4. acres of Land with the Appurtenances in which c. upon the possession of the aforesaid Anthony and the Oats within written then there with his Feet trod and consumed as the aforesaid Anthony within against him complaineth But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land with the Appurtenances in which c. be a good and lawful Entry or not the said Jurors are utterly ignorant And thereof pray the Advise and Judgement of the Justices of the Court here And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher be not a good and lawful Entry in Law in the aforesaid 4. acres of Land upon the possession of the said Anthony Then the said Jurors say upon their Oath That the aforesaid Christopher is guilty of the Trespass in the aforesaid 4. acres of Land within new assigned as the aforesaid Anthony within against him complaineth And then they assesse the damages of the said Anthony by occasion of that Trespass above his costs and charges by him about his Sute in this behalf expended to 20. shillings and for his costs and charges to 40. shillings And if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land new assigned upon the possession of the said Anthony is a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Christopher is not guilty of the Trespas within written in the within written 4. acres of Land within new assigned And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the said Justices here thereof not yet c. At which day come as well the said Anthony as the aforesaid Christopher by their Attorney aforesaid and upon this all and singular the premises being seen and by the Justices c. fully understood It is granted that the aforesaid Anthony recover against the aforesaid Christopher his damages to 3. l. by the Jurors aforesaid in form aforesaid Assessed as also 11. l. 6. s. 8. d. to the said Anthony at his request for his costs and charges by the Court here of increase adjudged which damages in the whole amount to fourteen pound six shillings and eight pence and that the aforesaid Christopher be taken c. TRESPAS Michaelmass Term Anno 36. and 37. ELIZABETH Rot. 136. in the KINGS-BENCH Co. 2. part Tookers Case Fol. 62. MEmorandum that at another time that is to say in the Term of Easter Devon last past before the Lady the Queen at Westminster came William Rud by Michael Bland his Attorney and brought here in the Court of the said Lady the Queen that now is then there his Bill against Edward Tooker in the custody of the Marshall c. of a Plea of Trespass and are Pledges of Sute that is to say John Doo and Richard Roo which Bill followeth in these words ss Devon ss William Rud complaineth of Edward Tooker in the custody of the Marshall of the Marshal-Sea of the Lady the Queen before the Queen her self for that he the first day of April in the year of the Reign of the Lady Elizabeth now Queen of England the 36th with force and Arms c. the Close and house of him the said William called Bertonland otherwise the Barton of Sprecombe at Morthoe in the County aforesaid broke and entred and his grass of the value of an hundred Marks in the Close aforesaid then late growing with certain Cattel that is to say with Horses Oxen Cows Hogs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said William an hundred pound and thereof bringeth sute c. And now at this day that is to say VVednesday next after eight dayes of Saint Michael this Term until which day the aforesaid Edward had leave to impart to the said Bill and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid William by his Attorney aforesaid as the aforesaid Edward by John Halstaff his Attorney And the said Edward defendeth the force and injury when c. and saith that he is not thereof guilty and of this puts himself upon the County and the aforesaid William likewise c. Therefore it is commanded the Sheriff that a Jury come before the Lady the Queen at Westminster Friday next after 15. days of St. Hillary c. and who neither c. to recognize c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the Process is continued between the parties aforesaid of the Plea aforesaid by Jurors thereof betwixt them put in respite of the Plea aforesaid before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter then next following unless the justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 10th day of March at the Castle of Exeter in the County aforesaid by form of the Statute c. come for want of jurors c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief justice of the Lady the Queen of the Bench and Thomas Walmesley one of the justices of the said Lady the Queen of the Bench justices of the said Lady the Queen to Assizes in the County of Devon to be taken assigned by form of the Statute c. come as well the within named William Rud by Erasmus Ford his Attorny as the within written Edward Tooker by Thomas Clayton his Attorny And the jurors of the jury whereof within mention is made being called some of them that is to say David Matacotâ— of Saint Giles John Hayman of Shelbere John Hooper of Westdown Richard Clyeff of Chanford John Bow of the same and John Hole of Drew Steinton came and are sworn in the said Jury And because the rest of the Jurors of the said Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid chosen at the request of the said William Rud and by the Command of the justices