the Justices aforesaid that the aforesaid Plaintiff should goe quit without day c. By reason of which said premises the aforesaid Plaintiff hath been enforced and compelled to expend and lay out great sums of mony and been at very great trouble and loss about the cleering of himself and the restitution of his good name fame and reputation and the evacuating and making voyd of the aforesaid Indictment To the damage of him the said Plaintiff of 100. l. And thereupon he brings his Sute c. Not guilty pleaded to this T. Farrer Attorney for the Plaintiff I. Wem Attorney for the Defendant ACTIONS OF CONTINUANCE CONTINUANCES AFterwards the Processe being thereupon continued between the parties aforesaid Continuance of a Decem tales upon the Roll. of the aforesaid Plea put here between them in respite before the Lord the King at VVestminster untill Tuesday next after fifteen dayes from the day of Easter from thence next following for default of Jurors c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Jurors of that Jury being called some of them came and some of them came not And because the residue of the Jurors of the aforesaid Jury appeared not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Friday next after the morrow of the holy Trinitie for want of Jurors c. Therefore the Sheriff is to have their bodies c. And he is to put ten others c. The same day is given to the parties aforesaid there c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Sheriff retorns the names of the ten others of which now c. And as to the further Execution if the Writ aforesaid the Sheriff retorns that the Writ aforesaid was so lately delivered unto him that for the shortnesse of time he could not make any further Execution Therefore the Jury is further put in respite before our Lord the King at Westminster untill Friday next after fifteen dayes of St. Michael for want of Jurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the Jurors of that Jury some of them came and some of them came not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Thursday next after from the day of St. Michael in three weeks for want of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid c. At which day before Continuance upon a Summons ad Auxiliand c. came the parties aforesaid by their Attorneys aforesaid And the Sheriff sent not thereupon the Writ Therefore it is commanded him as otherwise that he Summon by good Summoners the aforesaid W. that he be before c. such a day wheresoever c. to joyn himself in aid to the foresaid L. to expect and maintain that issue with the aforesaid L. if c. And further c. And as to the trying of those issues above joyned The Jury is thereupon to come before our Lord the King at the same Term wheresoever c. And who neither c. to Recognize c. Continuance of a Demurrer in Law and an Issue AT which day here came the parties aforesaid c. And because the Justices will advise themselves of and in the aforesaid Plea whereupon the parties aforesaid have above demurred in Law before they thereupon render Judgement Therefore day is given to the parties aforesaid here until eight daies of St. Hillary of hearing thereupon this judgement Because the Justices here have not as yet c. And as to the trying of the issue aforesaid between the same parties by the Countrey to be tried above joyned The Sheriff hath not sent the Writ Therefore as formerly Command is to the Sheriff that he cause to come at the same Term twelve c. To Recognize in form aforesaid c. Continuance of Scire facias in a Writ of Error AT which day before our Lord he King at Westminster came the aforesaid Plaintif in a Writ of Errour in his proper person And the Sheriff sent not the Writ thereupon c. Therefore as otherwise it is Commanded the Sheriff that by honest men c. he make known to the aforesaid Defendant that he be before our Lord the King such a day wheresoever c. To hear the Record and Processe aforesaid And further c. The same day is given to the aforesaid Plaintif by the aforesaid Manuceptors c. Continuance of a Judgement after Verdict AT which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here of their judgement to be rendred of and upon the Premisses are not as yet advised Therefore day is given to him the said Plaintif in the same state c. is now in before our Lord the King untill such a day wheresoever c. of hearing thereupon their judgement c. AT which day before our Lord the King at Westminster Continuance of an Exigent came the aforesaid Plaintif by his Attorney aforesaid And the aforesaid Defendant came not nor the Sheriff thereupon sent the Writ Therefore Command is to the Sheriff that if now he cause him to be called from County to County untill he shall be Outlawed if not c. And if c. then he shall take him and safely keep him so that he may have his body before our Lord the King such a day wheresoever c. AT which day before our Lord the King at Westminster Continuance of a Distringas in Attaint came aswell the parties aforesaid by their Attorneys aforesaid as the aforesaid three Jurors of the first inquisition formerly appearing in their proper persons And the Sheriff hath not sent the Writ Therefore the Jury of the tweny four Knights aforesaid remains to be taken before our Lord the King on the Morrow c. wheresoever c. for default of Jurors of the same Jury of 24. Knights c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of 24. Knights by all their lands c. And that of the issues c. So that he may have their bodyes before our Lord the King at the same Term The same day is given aswell to the parties aforesaid as to the aforesaid three Jurors of the first inquisition aforesaid now appearing c. THe Jury between C. S. by his Attorney Plaintif Continuanceâ— of a Jurata for want of Juror and a Decem Tales awarded and E. R. of
the judgement in the same Record was rendred that he should be taken as if it were entred in the same Record within And nothing of Fine of that party because he is pardoned as the aforesaid I.S. by his Plea aforesaid above hath alleged And further the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the aforesaid Writ of our Lady the Queen further certifies that having serched the Rolls of Robert Berners Phillizer of the County of S. of the Term of Easter in the 41. year of the Reign of our Lady the Queen that now is he finds as within in these words appears That is say Pleas at Westminster before Edmund Anderson Knight and his fellows Justices of our Lady the Queen of her Bench here of the Term of Easter in the Reign of our Lady Elizabeth by the grace of God c. the 41. Roll 386. The Entry of the Warrant of admission with the Phillizer ss IOhn Mallows and W. E. are admitted by the Court of our Lady the Queen here to prosecute for I. S. who is within age as the next of Kindred of him the said I. S. against N. S. lately of c. Gentleman of a Plea of Trespass and assault Which said Writ so as aforesaid returned amongst the Records of this Court is filed Upon which the aforesaid I. S. sayes that in the Record and Process aforesaid nor in the rendring of the judgement aforesaid there is nothing erroniouâ— and prayes that the Court of our Lady the Queen here may proceed unto examination aswell of the Record and Process aforesaid as of the matters aforesaid above for errors assigned and that the judgement aforesaid may be affirmed And because the Court of our the Lady the Queen here of their judgement of and in the premises to be rendred are not as yet advised day thereupon is given to the parties aforesaid before our Lady the Queen untill eight dayes of St. Michael wheresoever c. of hearing thereupon their judgement for that the Court of our Lady the Queen here thereupon are not as yet At which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid and upon this all and singular the premises being by the Court of our Lady the Queen here seen and fully understood and mature deliberation thereupon had for that that it seems to the Court of the Lady the Queen here that aswell the aforesaid Writ of Certiorare to the aforesaid chief Justice of the Common Bench in form aforesaid issued and directed as the aforesaid answer of the same chief Justice of the Bench unto that Writ as now it remains filed upon Record before our Lady the Queen does not sufficiently and fully agree and answer the aforesaid allegation of the aforesaid I. S. as to the aforesaid custom oâ— the said Court of Bench for the entring of an admission of an Inâ—ant to prosecute by his next of Kindred in any his Pleas in the Rolls of the same Court where the Declaration of such infant is entred and enrolled by the aforesaid I. S. above a leged so that the same Court of our Lady the Queen before her the said Queen here for the incertaintie of the truth of such custom of the said Court of Bench in that behalf in form aforesaid alleged to their judgement of and upon the premises aswel on the part of the aforesaid N. S. in deniall as on the part of the aforesaid I. S. in affirmation to the judgement aforesaid above alleged cannot proceed Without more full information of the consciences of the Justices And that the Court of our Lady the Queen here before her the said Queen of the truth of the custom of the said Court of Bench in that behalf above alleged An Alias Cerâ—orare warded Therefore it is commanded the aforesaid chief Justice of the Bench aforesaid that he the full and whole certaintie and truth of the aforesaid custom of the said Court or Bench of the entrie of the admission of Infants to prosecute by their next of Kindred in personall Pleas in the same Court by the aforesaid I. S. above alleged to our Lady the Queen aforesaid from the day of St. Hilary in fifteen dayes wheresoever c. doe certifie together with the Writ thereupon to him directed c. The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid Chief Justice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed to her the said Lady the Queen at Westminster aforesaid at the same day certified The Return of the Cerâ—â—rare that in the said Court of our Lady the Queen of the Bench is had and from the time out of mind there hath been had such a custom used and approved in the same Court of Bench that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next of Kindred in any Plea entred and inrolled and to be entred and inrolled have been used and accustomed in the Roll where the Declaration in that Plea is entred and inrolled Which said Writ so as aforesaid returned together with the return thereupon amongst the Records of this Court is filed And upon this the aforesaid I. S. further prayes that the Court of our said Lady the Queen here may proceed to the Examination aswell or the Record and Process aforesaid as of the aforesaid matters above for errors assigned and that the judgement aforesaid may be affirmed and because the Court of our said Lady the Queen here are not as yet advised of and upon the rendring their judgement of and upon the premises day is thereupon further given to the parties aforesaid before our Lady the Queen Mich. Term 41. 42. Judgement was affirmed in this cause Roll. 417. untill from the day of Easter in fiftteen dayes wheresoever c. of hearing thereupon their judgement For that the Court of our said Lady the Queen here thereupon as yet have not c. ss AFterwards to wit on Saturday the 9. The affirmation of a judgment upon a Wâ—t of Error out of the Kings Bâ—â—ch into the Exchequer Chamber day of February in the 2. year of the Reign of our Lord the King that now is The transcript of the Record and Process aforesaid between the parties aforesaid with all things touching them by reason of a certain Writ of our Lord the King of correcting error by them the said Thomas Scot Elizabeth and Thomas Forn of and upon the premises prosecuted before the Iustices of our said Lord the King of his Common Bench and the Barons of the Exchequer of our said Lord the King in the Exchequer Chamber aforesaid according to the form of the Statute in the Parliament of the
Lady Elizabeth are Queen of England at Westminster the 23. day of November in the 27. year of her Reign held and published from the aforesaid Court of our Lord the King that now is here before him the said King were transmitted And the aforesaid T. S. E. and T. Fen in the same Court of the Exchequer Chamber aforesaid have assigned divers matters for Errors in the Record and Process aforesaid for revoking and annihilating of the judgement aforesaid to which the same E. and R. in the same Court appearing pleaded that neither in the Record nor Process aforesaid nor in the rendring the judgment aforesaid there was in any thing Error Afterwards to wit on Saturday the 9. day of Pebruary in the aforesaid second year of our said Lord the King in the same Court of Exchequer Chamber aforesaid the premises being seen and by the Court of our Lord the King here diligently examined and fully understood Aswell the Record and Process aforesaid and the judgement aforesaid upon the same rendred as the aforesaid causes of Errors aforesaid by the aforesaid T. S. E. and T. F. above alleged and assigned For that that it seems to the Court here that the Record aforesaid is in nothing vitious and defective And that the Record aforesaid was in nothing Erronious Therefore it was considered if that the judgement aforesaid in all things be affirmed and continue in all his force strength and effect notwithstanding in any thing the said causes of Error above assigned and alleged And further it was considered of in the Exchequer Chamber aforesaid that the aforesaid E. R. should recover against the aforesaid T. S. E. and T. F. 100. s. to them the said E. and R. of their assent by the Exchequer Chamber aforesaid adjudged according to the form of the Statute thereupon published and provided for the damages costs and charges which they had by delay of the Execution of the judgement aforesaid by reason of the prosecution of the aforesaid Writ of Error And thereupon the Record and Process before the aforesaid Justices of the common Bench and Barons of the Exchequer aforesaid in the premises had They the same Justices of the Common Bench and Barons of the Exchequer aforesaid before our said Lord the King wheresoever c. they remit according to the form of the Statute aforesaid which to the said Court of our Lord the King now reciding c. ACTIONS OF ESCAPE ESCAPE R L. Executrix of the testament Escape against a Sheriff upon an Arrest upon a Bill of Middlesex c. complains of S. S. and H. C. lately Sheriffs of the County of Middlesex in the Custodie of the Marshall c. For that that is to say whereas one G. S. of c. such a day and year at London in the Parish c. by his certain writing obligatory with the Seal of him the said G. sealed and in due manner made bearing date the same day and year acknowledged himself to be bound and firmly obliged to the aforesaid I. in his life time in 20. s. of lawfull mony of England to be payd to him the said I. when he should be thereunto required with a condition thereupon indorsed for true payment of 12. s. of like mony c. upon the day of the Feast of the Ascension of our Lord then next following which said 12. s. the aforesaid G. to the aforesaid I. in his life time or to the aforesaid R. after his the said I. his death he hath not paye but the aforesaid G. forfeited the aforesaid 20. s. to the aforesaid I. in the writing obligatory conteined For the more speedy recovery of which said sum of 20. â— the aforesaid R. after the death of the aforesaid I. her Husband to wit in the Term of Easter in the 27. year of the Reign of our Lady the Queen that now is before her the said Lady the Queen at Westminster had come and obteined out of the same Court of the Lady the Queen before her the said Queen a certain precept of her the said Lady the Queen directed to the then Sheriffs of the aforesaid County of Middlesex By which it was commanded to them the said then Sheriffs that they should take the aforesaid G. if c. And safely c. So that they might have his body before our Lady the Queen at Westminster on Friday next after the morrow of the holy Trinity then next following to answer the aforesaid R. of a Plea of Trespass And that they should have there then that Precept to that intent that the same R. as executrix of the testament of the aforesaid l. in the same Court of our Lady the Queen here might declare and prosecute her Bill against the aforesaid G. for the debt aforesaid by the aforesaid writing obligatory done which said Precept the aforesaid R. afterwards to wit such a day and year and place delivered the aforesaid Sheriffs in form of Law to be executed by force of which said precept the aforesaid S. S. and H. B. then Sheriffs of the aforesaid County of Middlesex afterwards and before the return of the same to wit such a day and year at I. in the aforesaid County of Middlesex took and arrested the aforesaid G. And him the said G. under their safe custodie then and there had and deteyned And he the said G. being so in custody of them the said late Sheriffs They the said late Sheriffs afterwards to wit the aforesaid such a day and year led the aforesaid G. unto the City of London And him there so negligently kept that the same G. afterwards to wit the same such a day and year at London in the Parish and Ward aforesaid from the custody of them the said late Sheriffs did goe away and Escape And they the said late Sheriffs him the said G. to go at large whithersoever he would they did permit the aforesaid R. of the aforesaid 20. s. then and as yet being in no wise satisfied And the said G. being so gone away Escaped and permitted to goe at large from the custody of them the aforesaid late Sheriffs as aforesaid the same G. kept himself so secretly and privately that she the said R. could not procure any Writs or precepts to be served upon the aforesaid G. for the recovery of her debt aforesaid By which the same R. sayes that she hath not only Expended lost and let goe divers great Expences and Charges in and about the aforesaid Arrest of the aforesaid G. but also remains totally frustrate of all other remedy for the recovery of the debt aforesaid whereupon she saith that she is worsted and hath damage to the value of 40. s. And thereupon she brings her sute c. And she brings here into Court the Letters testamentary c. The Defendants plead they did make the Arrest And the aforesaid S. H. by T.B. their Attorney come and defend the force and injury when c. And say that the
B. the Brother the said Moity of the said Tenements which was of his the said G. B. according to the said Custom of Gavelkind descended unto the said I. B. and unto one R. B. as Kin and Heirs of the whole bloud of the said G. B. c. namely as Sons of H. B. Brother of T. B. Father of the said T. Father of the said T. B. the Son and G. B. by which they the said I. B. and R. B. before the said time in which c. into the said Moity of the said Tenements entred and thereof were seized in their Demesn as of Fee and so thereof being seized before the said time in which c. thereof Infeoffed the said I. M. To have to him and his Heirs for ever by vertue of which said Feoffement the said I. M before the said time in which c. demised the said Moity unto the said I. B. for the said Term of two years yet in being as the same I. B. before hath alleged by vertue of which said demise the said I. B. of that Moity was possessed untill the said I.C. at the said time in which c. chased the said Horse out of the 20. Acres of Land as the said I. B. before complaineth Without this that it hath or from the time of which memory is not it had any such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whatsoever Parent begotten should be inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the said County and either of those Heirs should dye without Heir of his body seized of his purpart of such like Inheritance that then the other Heir Coparcener of the same Heir surviving might inherit and by all the said time was inheritable and hath inherited and ought to inherit according to that Custom that purpart of all the Lands and Tenements of the said tenure and nature of Gavelkind aforesaid of the other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so dying without Heir of his body as the said H.C. before in pleading hath alleged And this c. whereupon from which the said H. C. the said Trespass being acknowledged prayeth judgement and his damages by reason of the said Trespass before acknowledged prayeth judgement and his damages by occasion of that Trespass to be adjudged unto him c. Issue upon Custom And the said H. C. as before saith that it hath and from the time which memory doth not remain it had such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whomsoever begotten were inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the same County and either of those Heirs should dye without Heir of his body seized of his put part of such like inheritance that then the other Heir Coparcener of the same Heir superviving might inherit and by all the time aforesaid was inheritable and hath inherited and ought to inherit according to that Custom the purpartie of all the Lands and Tenements of the said tenure and nature of Gavelkind of the said other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so without Heir of his body dying as the said H. before in pleading hath alleged Enter the Court will advise before the Ven ' fac ' adjudged and a speciall rendting of his Judgement thereupon in which they were before to confer with the Justices of the Bench and a Writ of Ven ' fac ' of the body of the County of Kent should be awarded And of this he putteth himself upon the Country and the said I. B. likewise And because the Court of the Lady the Queen hereof c. issues aforesaid between the said parties before joyned will advise before any Writ of Venir fac ' to the Jury to try the issue should be adjudged day is given to the said parties before the Lady the Queen in what State now untill in 8. days of St. Hillary whensoever c. then to attend and hear the Order or Judgement of the said Court of and upon the premises for that that the Court of the Lady the Queen thereof c. At which day before the Lady the Queen at Westminster commeth the said parties by their said Attorneys And c. And so it was continued by 10. Terms then next following c. And in this thing the inspection and view diligently aswell the said issues as in all and singular the premises by the Court of the Lady the Queen of the Bench is to be had and consulted with for that the Tryall of the said Issue doth touch and concern the Comunalty of the said County and it is the Custom that a Writ to call a Jury to try that Issue of the body of the said County of Kent should Issue forth and should be directed to the Sheriff of the same County by which the command is to the Sheriff of the same County that he should cause to come before the Lord the King in 8. dayes of St. Hillary wheresoever Ven ' fac ' of the body of the County of Kent awarded c. 24. aswell Knights c. of the body of the said County by whom c. And who neither c. to recognize c. because aswell c. the same day is given to the said parties there c. AND the said W. saith Plaintif saith that he held the said twenty acres of Land of the said Prior by Fealty Sure of Court and the rent of four shillings and for that rent behind the said Priaccustomed to distrain Without this that the Prior was seized of the Rent-charge as c. that the said R. B. the taking of the said Cattell and Chattells in the said place in which c. ought not to acknowledge just c. because he saith that he himself was seized of the said Ten acres of Land with th' appurtenances in his Demesn as of Fee and so thereof seized the same twenty acres of Land with th'appurtenance held of the aforesaid T. late Prior of the said Church by Fealty and Sute to the Court of him the said late Prior of his Mannor of I. in C. aforesaid to be held from three weeks to three weeks and by the Rent of four shillings unto the said late Prior at the Feast of St. Michael th'Arch-Angell yearly to be paid And the said W. M. and all those whose estate he hath in those twenty acres of Land held those twenty acres of Land with th' appurtenances of the said late Prior and his Predecessors heretofore Priors of the said Church by that Service and Rent in the right of the said Church from time out of mind held and by all the said time the said late Prior and all
have alleged and that the aforesaid I. R. and H. were of the Tenements aforesaid with the appurtenances seised in their Demesn as of Fee untill the aforesaid G. W. and R. them the said I. and H. thereof unjustly and without judgement but not by force nor Arms they did disseize and they Assess the damages of them the said I. and H. by occasion of the premises aforesaid above their expences and costs by them about the prosecution of this Assize layd out to thirteen shillings and four pence Judgement upon the verdict and for those expences and costs to twenty shillings Therefore it is considered that the aforesaid I. R. and H. shall recover the seisin of the Tenements aforesaid in the Plaint aforesaid specified by the view of the Reviewers of the Assize aforesaid and their damages and costs aforesaid above assessed which said damages in the whole amount unto thirty three shillings and four pence and the aforesaid G.VV. and R. in mony c. Mony c. SIr Iohn Knill and Hugh Lochard have arraigned an Assize of novell disseisin against G. H. and others The charge given to the Jury upon the foregoing assize and supposeth them to be disseised of their Free-hold in H. and have made their claim for a Messuage and eighteen Acres of Land with the appurtenances thereunto hath come the same G. by his Attorney and saith that the Assize thereof between him and the said I. R. and H. L. ought not to be for that he saith as in his Plea and the aforesaid W. and others Defendants say that they have done no wrong nor no disseisin unto the said Plaintiff of the aforesaid Tenements and of that they have put them upon the Assize and the Plaintiff also and then rehearse further the title of the Plaintiff in his reputation and the issue that is joyned thereupon and then thus so your charge is whether that W. B. dyed seised in his Demesn as of Fee of the Messuage and eighteen acres of Land put in view and specified in the Plaint as the said G. H. hath alleged in his Bar or not and also whether the said W. H. and other Defendants disseised the Plaintiffs of the Tenements aforesaid or not if you find that the same W. B. dyed not seised as the Plaintiff hath alleged you shall enquire whether the Plaintiffs were seised of the Tenements put in view and specified in the Plaint in their Demesn as of Freehold and disseised by all the Defendants or any of them and whether the disseisin was done with force or not and if you find the said A.B. dyed not seised and that the Plaintffs were seised of the Tenements and disseised by the Defendants or some or any of them you shall enquire what damage the Plaintiff hath sustained by reason of the disseisin and also for the costs about the sute of this Assize and if you find that W. B. dyed seised in his Demesn as of Fee and that the Defendant disseised not the Plaintiff you shall enquire no further and this is your charge c. ACTIONS OF AUDITA QUERELA AUDITA QUERELA ss THE Lady the Queen hath sent to her Justices of the Pleas assigned to be held before her Audita Querela upon an Escape by a Bailiff of a Libertie her Writ in these words ss Ellzabeth c. To our Justices of Pleas in our Court before us assigned to be held Greeting Wee have received by the grievous complaint of Thomas Boyton of c. in the County of Suffolk Clerk otherwise called c. That whereas one William Andrews Citizen c. and Lewis Simpson Citizen c. London lately in our Court before us at Westminster by Bill without our Writ and by the judgement of the same Court had recovered against him the said Thomas aswell a certain debt of 100. pounds as 10. pounds for their Damages which they susteined aswell by occasion of the detention of that debt as for their Expences and costs c. layd out whereof he is Convict And although after the rendring of that Judgement to wit the second day of July in the the 31. year of our Reign at Saint Edmonds Burie in the County of Suffolk that is to say within the Libertie and Franchise then of Roger Townsend Knight and Willam Drue Esquire of St. Edmonds Bury in the aforesaid County of Suffolk the same Thomas by John Pridie and Henry Doy by vertue of a certain Warrant lately before to the aforesaid John Pridie and Henry by the aforesaid Roger Townsend and William Drue made and directed by vertue of a certain Warrant to them the said Roger and William Dixie by one Philip Tilvey Esquire then Sheriff of the aforesaid County of Suffolk under the Seal of his Office made of and upon a certain VVrit of Capias ad fatisfaciendum o' the aforesaid William Andrews and Lewis Sympson of the Debt and Damages aforesaid lately before at the prosecution of them the said W. A. and L. from our said Court before us issued and to the Sheriff of the aforesaid County of Suffolk lately before directed and delivered VVhich said Roger Townsend and William Dixie then that is to say the aforesaid second day of July in the aforesaid 31. year of our Reign and before and after had full Retorn of all and all manner of Writs and Warrants within the Libertie aforesaid to be Executed and the Execution of them In Execution of and for the Debt and Damages aforesaid was then taken and arrested And in Execution deteined untill afterwards to wit the third day of November in the 31 year aforesaid the aforesaid K. T. and W D. the same T. B. at Lamby hath in this County of Surrey the Debt and Damages aforesaid to the aforesaid William Andrews and Lewis Sympson being in no wise satisfied permitted him to goe whether he would at large As the same Thomas by divers wayes and means which are convenient is ready to make appear yet the same W. and L. by reason of the judgement aforesaid for the Debt and Damages aforesaid against him the said Thomas in our said Court before us now lately prosecuteth And him upon that occasion to take and in our Prison under the Custodie of our Marshall of our Marshalsees before us to be deteined most unjustly have procured to his the said T. B. no little loss and grievance and against the Law of our Realm of England Whereupon he hath humbly implored us to provide for him in that behalf a fit remedie And because we would not that the aforesaid T. B. should in that behalf be in any manner injured and being willing to doe what is just VVee Command you that having heard the Complaint of the aforesaid T. B. in this behalf and calling before you the parties aforesaid and hearing hereto thereupon their severall reasons to him the said T. B. you should cause to be had full and speedy Justice as of right and according to the Law
a Plea of Debt put in respite before our Lord the King at Westminster untill such day c. unless c. first c. at such a place c. by the form of the Statute c. Come for default of Jurors At which day before our Lord the King at Westminster came the parties aforesaid by their Attorney aforesaid And the aforesaid Justices before whom c. have sent here the Record of the Jury aforesaid before them had in these words Afterwards at the day and place aforesaid reciting the Record untill came as well the within named c. as the within written c. And the Jury likewise called some of them came and some of them came not as appears in the Panell c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King c. untill c. Therefore the Sheriff c. is to put ten such c. The same day is given to the parties aforesaid here c AT which day before our Lord the King at Westminster Continuance upon a matter in Law and Verdict came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here aswell of their judgement upon the Verdict aforesaid as of their judgement of the matter in Law above pleaded to be rendred are not as yet advised Day is thereupon further given to the said parties in the state wherein they are now before the Lord the King at Westminster untill eight dayes of St. Hillary wheresoever c. of hearing thereupon their judgement c. for that the Court of our Lord the King here is not as yet c. Continuance in Attaine where the Sheriff Retoâ—â—s not the Writ and out of the assent of the parties the Jury is not taken AT which day before our Lord the King at Westminster came as well the parties aforesaid by their Attorneys aforesaid as the aforesaid seven Jurors of the first Inquisition aforesaid formerly appearing in proper person And the Sheriff Retorns the Writ to our Lord the King thereupon in all things prepared and executed But the Jurors of those twenty four Knights aswell of the assent of the parties aforesaid and the aforesaid seven Jurors of the former Inquisition aforesaid as of the Jurors aforesaid of the twenty four Knights remains to be taken before our Lord the King untill the Morrow c. wheresoever c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of twenty four Knights by all their lands c. And that of the Issues c. And that he have their bodies c. before our Lord the King at the same Term c. the same day is given aswell to the parties aforesaid as to the aforesaid seven Jurors of the first Inquisition aforesaid now appearing c. Continuance by a Writ of adjournment BEfore which day the Plaint aforesaid was adjourned by the Writ of our Lord the King of Common adjournment untill eight dayes of St. Hillary then next following wheresoever c. At which said eight dayes of St. Hillary the Plaint aforesaid was further adjourned by the Writ of our Lord the King of Common adjournment untill from the day of Easter in fifteen dayes unto the Castle of Hertford At which day c. Continuance of the Jurata where the Plaintif acknowledgeth one of the Defendants to be dead AT which day came aswell the aforesaid P. as the aforesaid R. by their Attorneys aforesaid And the aforesaid P. sayes that the aforesaid A. is dead c. Therefore against him nothing is further thereupon to be done c. And thereupon the parties aforesaid now appearing The Sheriff thereupon sent not the Writ c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King untill in eight daies c. wheresoever c. for default of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid now appearing c. Continuance of a Jurata by the assent of the parties THe Jury between I. S. Esquire Plaintif and T. W. of c. of a Plea of Trespass put in respite here untill such a day c. aswell of the assent of the parties aforesaid as of the Iurors of the same Iury now here at this day to wit from the day of Easter c. appearing Therefore the Sheriff is to have their bodies c. THe Iury between T. W. Gent. by his Attorney Plaintif Jurata which serves either for debt trespass or Ejectione firme And G.D. of c. of such a Plea put in respite before our Lord the King at Westminster untill Tuesday next after Eight dayes of Saint Michael unlesse the Iustices of the Assizes of our Lord the King in the County aforesaid assigned to be taken first on Monday the eighth day of August at Newark upon Trent in the County aforesaid by the form of the Statute c. Come for default of Iurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. And it is to be known that the Writ of our Lord the King thereupon the fourth day of July in this self-same Term before our Lord the King at Westminster is delivered of Record to the Deputie of the Sheriff of the County aforesaid in form of Law to be Executed under a penaltie c. UNless the beloved and faithfull c. John Popham Knight This difference in Guild-hall London before the Chief Justice Chief Iustice of our Lord the King of the Pleas in the Court of him the said Lord the King before him the said King assigned to be held first on Saturday next after c. at Gild-hall London by form of the Statute c. as in the next before ACTIONS of COMMITTITVR COMMITTITUR Committitur of a Prisoner to the Marshall being under the Custodie of the Sheriff by a Case AFterwards to wit the twenty fifth day of May then next following before our Lord the King at Westminster came W. R. in his proper person under the Custody of the Sheriff of the County aforesaid in Execution for the damages aforesaid by vertue of the Writ of our Lord the King of Capias ad satisfaciendum to him the said Sheriff of and upon the Premisses directed which said R. is committed to the Marshall c. there to remain untill c. according to the form of the judgement aforesaid c. Committitur of a Prisoner upon a Case COmmand was to the Sheriff that he should take c. Whereof he is Convict And now here know aswell the aforesaid A. by his Attorney aforesaid as the aforesaid Defendant in his proper person by the Sheriff of the County aforesaid brought to the Bar And the Sheriff now retorns that he took the bodies of him the said Defendant And
in the same action named for any Trespass committed before any Generall Pardon to Enter aswell in the end of such Judgement And nothing of Fine of the aforesaid Defendant because he is pardoned As in the End of such Judgement And the aforesaid Defendant is to be taken and to note in the Margent of the same Rolls directly opposite to the word Capiatur in the 〈◊〉 Judgement this word Pardoned by that means giving direction 〈◊〉 the Clerk of the Estreats of the same Court where he may find them amongst the Rolls of the same Court against whom he the said Clerk doth send out and direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and come under their Fines in the same Court for their Trespasses and other causes fineable according to the Custom and Law of the Land of this Kingdom of England And against whom he should omit and forbear to send forth the like Writs And that the same Entrie of Pardon in the Margent of the Record aforesaid is and for the whole time aforesaid was as sufficient a discharge of the aforesaid partie against whom the Judgement in the same Record is rendred that he should be taken as if within the same Record it had been Entred nothing of the Fine of that partie because he is pardoned And the aforesaid I. S. in fact saith that in the Record aforesaid sent before our Lady the Queen the aforesaid word Pardon'd in the Margent of the same Record is entred and noted according to the Custom aforesaid as by that Record above appeareth And as for the other matter by the aforesaid N. for his last Error in form aforesaid assigned the same I. S. sayes that in the aforesaid Court of the Bench aforesaid there is had and time out of mind there hath been had such a Custome used and approved The Plaintif sets form the Custom to Enter the admâ—ssion upon the Roll wherein the Declaration is Entred that is to say that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next kindred in any Plea to be entred and inrolled were used to be Entred and inrolled in the Roll wherein the Declaration in that Plea was Entred and inrolled And the same I. further faith that the Declaration aforesaid of him the said I. in the Plea aforesaid against him the said N. was Entred amongst the Rolls of Robert Bernors Gent. Phillizer of the County of Suffolk to wit in the Roll 386. as in the Record aforesaid sent here to the Court of our Lady the Queen more fully appears And the same I. S. further saith that although the aforesaid Chief Justice of the Common Bench hath certified to the Lady the Queen that having searched the Rolls of the Entries of every the Prothonotaries of the aforesaid County of S. of the Term and year aforesaid in his Custodie remaining of Record he had not found in the same any Entrie of the admission of the aforesaid I. S. to prosecute by the aforesaid I. M. and W. E. next of kindred to him the said I. S. being within age against the aforesaid N. S. of the aforesaid Plea yet there is had such a Record of the admission of the aforesaid I. S. so being within age to prosecute in the aforesaid Court of Bench by the aforesaid I. M. and W. E. his next kindred against the aforesaid N.S. of the aforesaid Plea Entred in the same Bench in the aforesaid Roll 386. on which the Declaration aforesaid as is aforesaid remains Entred â—â—â—ording to the Law and Custom of the said Court of Bench aâ—â—â—â—said Which said Record as yet remains before the aforesaid Justices of the Common Bench under the Custodie of the aforesaid Chief Justice omitted as yet to be certified to our Lady the Queen Certiâ—rare awarded to Certifie the full truth And the same I. S. prayes a Writ of Certiorare of our Lady the Queen to the aforesaid Chief Justice of the Common Bench to be directed to whom the certifying aswell of the omission aforesaid as of the Customs aforesaid rests to be made to Certifie our Lady the Queen more fully of the truth thereof and it is granted unto him c. By which it is Commanded to the aforesaid Chief Justice of the Common Bench that searching the Rolls of the Entries of the aforesaid Phillâ—zor of the aforesaid County of Suffolk of the aforesaid Term of Easter in the sixteenth year aforesaid And what in the same Rolls of the omission aforesaid he shall find as also the whole and full certaintie and truth of the aforesaid severall Customs of the said Court of our Lady the Queen of the Bench from the day of the holy Trinity in fifteen dayes wheresoever c. he do certifie together with the Writ of our Lady the Queen to him thereupon directed The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed certified to her the said Lady the Queen at Westminster at the same day That in the Court of the Lady the Queen of Common Bench There is had such a custom used and approved that the Clarks of the same Court who for the time being are assigned and allowed to enter and Record in the Rols and Records of the same Court any judgements in the same Court from time to time rendred and to be rendred were used and accustomed in the entry in the Rolls and Records of the same Court the judgements rendred in the same Court in and upon any action of Trespass against the Defendant in the same action named for any Trespass committed before any generall pardon to enter aswell in the end of such judgement And nothing of Fine of the aforesaid Defendant because he is pardoned as in the end of such judgement And the aforesaid Defendant is to be taken And to note in the Margent of the same Roll direct opposite to those words in the judgement this word pardon for that reason to give direction to the Clark of the Extreats of the same Court where he shall find amongst the same Rolls of the same Court against whom he the said Clark doth send or direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and to undergoe their fines in the same Court for their Trespasses and other causes fineable according to the custom and Laws of this Kingdom of England And against whom he is to omit and forbear to send forth and direct such Writs And that such entry of pardon in the Margent of the Record aforesaid is and by the whole time aforesaid was as sufficient a discharge of the party aforesaid against whom
E. who prosecutes for our Lord the King in that behalfe for the same Lord the King sayes that Whereas in the Statute in the Parliament of our Lord King Henry the 6th late King of England held at Westminster in the 23th yeare of his Raign amongst other things it is ordained and established that no Sherife undersherife Baylife of any Liberty or franchise or any other Baylife by occasion or colour of his Office should take any other thing by them c. and so recite the Statute And that all Sherifes under-Sherifes Bayliffs of liberties or other Bayliffes or any other Officers or Ministers who should do contrary to the Ordinance aforesaid or any the Articles in the same should loose to the party grieved in that behalfe his damages to the trouble and should forfeit the summe of fortie pound each Sherife wherein he or any of them should do contrary to the Ordinance aforesaid Whereof the Lord the King was to have one Moyetie to the use of his houshold and no other wayes and to him who in that behalfe will prosecute another moyetie thereof as in the same Statute more fully is contained yet the aforesaid Defendant little weighing the aforesaid Statute such a day and yeare then being under-Sherife of the County aforesaid at such a place by colour of his Office aforesaid took Extortiously of one I. D. by the hands of one R. W. for the making and returning of a certaine pannell upon a Writ of Venire facias at the Suit of the aforesaid I. D. against R. H. and others in the same Writ contained in a Plea of trespasse prosecuted thirteen shillings and foure pence against the forme and effect of the Statute aforesaid by which the Action accrued to the said Lord the King to require and have of the aforesaid Defendant the aforesaid forty pound yet the aforesaid Defendant allthough often required c. the aforesaid forty pounds to the said Lord the King he hath not as yet rendered it but the same to him hitherto to render he hath denyed and as yet doth denie Whereupon c. The Defendant pleads that he took not against the form of the Statute AND the aforesaid Defendant by W.C. his Attorney comes c. and sayes our aforesaid Lord the King him the said Defendant by occasion of the premises in an thing to impeach or trouble ought not because he saith that he took not of the aforesaid I. D. the aforesaid thirteen shillings and foure pence against the forme of the Statute aforesaid as the aforesaid I. C. for our Lord the King aforesaid above hath alleaged And of this he puts himselfe upon the Countrey And the aforesaid I. which c. for our Lord the King in like manner c. Therefore c. VVITHERNAM WIlts ss Command was to the Sheriffe as it was often commanded him Entries of a Plure Replegiare that instantly and without delay he should cause to be replevyed to R. D. his cattell which E.P. I. D.W.S. and W. W. took and unjustly detained or that he should be before our Lady the Queen in eight dayes of Saint Hillary last past wheresoever The Sherife returnes the cattell were so farre off remved c. c. to shew wherefore the command of our Lady the Queen so oftentimes thereupon to him directed he had contemned and the same Sherife to her the said Lady the Queen at that day returned that the Cattell aforesaid were removed afarr off to a place unknown unto him by the aforesaid E.P. others so that he could not have the view of them Therefore command was to the same Sherife The entrie of a Withernam and Pone that of the cattell of the aforesaid E P. and others in his Bailywick he should take in Withernam and the same to the aforesaid R.D. he should cause to be delivered to be held to him untill the aforesaid E. and others would deliver the cattell aforesaid and in what manner he should have executed the same precept he should make known to our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. The returne of the Writ Command was also to the same Sherife that if the aforesaid R.D. should make him secure of prosecuting his Complaint as also of returning the cattell aforesaid if the returne thereupon should be adjudged then he should put by sure and safe pledges the aforesaid E.P. and others that they should be before our Lady the Queen at the aforesaid Term to answer the aforesaid R. D. of the taking and detaining of the cattell aforesaid At which day before our Lady the Queen at Westminster came the aforesaid R. D. by M. Moseley his Attorney And the Sherife returned that the aforesaid R. D. had made him the said Sherife secure of prosecuting his Complaint aforesaid and of the returne of the cattell aforesaid if the returne hereupon should be adjudged and that the aforesaid E.P. is attached by Pledges of W.P. and G.G. as also that the aforesaid I.T. W.S. and W.W. hath nothing within his Baily-wick whereby they can be attached The same Sherife also returnes that he the 24th of March in the one and twentieth year of the Raign of our Lady E. now Quen of England took in Withernam two horses whereof one is of Colour white and the oâ—her very gray and three Maâ—â—s whereof one is of a bay Colour another of a Gray colour and another of a daple Gray and eighteen Sheep of the Cattell of the aforesaid E.F. and others and the same to the aforesaid R. D. he hath caused to be delivered to be held unto him untill the said E. and others the cattell aforesaid formerly taken they will deliver as it was commanded unto him and the aforesaid E. P. and others the fourth day of the plea being solemnly called by R. Best their Attorney in like manner came upon which the aforesaid D. declaring aganst the aforesaid E. P. and others complaines that they such a day and yeare at Lockeridge in the Parish of Fifeeld in the County aforesaid in a certaine place there called the Common Field took the cattell of him the said Robert that is to say six Geldings of the price of 24. l. and them unjustly detained against Sureties and Pledges c. Whereupon he saith he is worsted and hath damage to the value of forty pounds And thereupon he brings his Suit c. Judgement for the Plaintiff in a Replevin upon a Demurrer in Law Easter 30. Eliz Rot. 196. THE Plaintiff declares and the Defendant pleads in acknowledgment c. and the Plaintiff pleads in Bar and the Defendants rejoines to the Bar and thereupon the Plaintiff demurs in Law and they join in Demurrer and Judgment was had for the Plaintiff as followes Because as yet c. at which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid Vpon which all and singular the premises being seen
and Arrest which severally by occasion of the Appeal aforesaid they have sustained and the infamy which by the Imprisonment Damages for the Defendants and by other means they have severally incurred as also for their expences and costs in that behalf layed out to a hundred pound and upon this the aforesaid Iohn Govor Avowment that the Plaintiff had not wherewith to satisfy the Damages c. say that the aforesaid Thomas Berd hath not whereof the aforesaid Damages may be rendred unto them and pray that the Justices here may enquire at which or whose abetting the Appeal aforesaid by malice was formed and upon this it was sought of the Jurors aforesaid if the aforesaid Thomas Berd have whereof to the aforesaid Iohn Glovor and others he may be able to render the Damages aforesaid or no who say that the aforesaid Thomas hath sufficient The Jury find he hath Assets whereof to the said Iohn Govor and others c. he may be able to render the Damages aforesaid and further say upon their oaths that there are no Abettors to the forming of the Appeal aforesaid by malice for that that the principals aforesaid of the premises are quit The Jury find no Abettors because the Principals are quit It is considered that Process on that behalf against the Accessaries aforesaid shall altogether cease c. ACTIONS OF ASSIZE ASSIZE ss THe Assize comes to be Revised whether R. N. and N. H. and A. his wife have unjustly Mid. Assize upon Disseisin made of Tenements as of the Freehold Easter 9. Hen. 7. Roll 37. disseied I. Y. of F. I. G. the Elder and W. B. of his Freehold in H. after the first c. And whereupon the same I. I. and W. by W.F. their Attorney complain that they have disseized them of one Messuage and one acre and a half of Lands with the appurtenances c. And the aforesaid R. N. and A. being called came not And of them the Sheriff Retorns that they have nothing c. The Defendants come not and the Sheriff retorns a Nihil c. The assize is taken by Default c. and the review found for the plaintif And that they are not found c. And that they have neither Bayl nor Bayl 's Therefor the Assize aforesaid is taken against them by default c. And the Reviewers of the assiize aforesaid being called came who to speak to the truth of the premises being chosen tried and sworn say upon their Oath that the aforesaid I. I. and W. were seized of the Tenements aforesaid with the appurtenances in their view put in the Plaint aforesaid specified in their Demesn as of Free hold untill the aforesaid R. N. and A. them thereof unjustly and without judgement and by force and arms they did disseize and they assess the Damages of them the said I. I. and W. by occasion of the Disseizin aforesaid above their Expences and costs by them about the prosecution of this Assize layd out to six shillings and eight pence And for those Expences and costs to thirteen shillings and four pence And of the same Reviwers by the Court it is Demanded if the same Disseisin were made after the Eighth year of the Lord Henry the sixth late King of England or no who say it is so Therefore it is considered that the aforesaid I. I. and W. shall recover their seisin of the Messuage and Land aforesaid with the appurtenances in the Plaint aforesaid specified by the view of the Reviewers of the same Assize and their Damages aforesaid to the trouble according to the form of the Statute in that case provided and by the Reviewers aforesaid in form aforesaid assessed which said Damages in the trouble amount unto three shillings And the aforesaid R. N. and A. are to be taken c. A Writ of Scire fecias seisinam upon the assize before THe King to the Sheriff of Middlesex Greeting Whereas I. Y. of F. I. G. the Elder and VV. B. lately in our Court before c. at VVestminster by the review of a certain Assize of novell dissesin and the judgement of the same Court have recovered their seisin of one Messuage and one acre and a half of Land with the appurtenances in H. against R. N. N.H. and A. his wife And therefore Wee Command you that you cause to be had to the aforesaid I. I. and VV. full seisin of the Tenements aforesaid with the appurtenances without delay Witness c. An Originall in assize of noble disseisin before the King ss THe King to the Sheriff of Middlesex Greeting I. Knill and H. Lord Chard have complained unto us that G. H VV. K. and R. A. have unjustly and without judgement disseized them of their Freehold in H. after the first c. And therefore we Command you that if the aforesaid I. R. and H. shall make you secure of prosecuting their claim Then you cause that Tenement to be reseized of the Cattell which in it were taken and that Tenement with the Cattell to be in peace untill Friday next after three weeks of Saint Michael And in the mean time to cause twelve free and lawfull men of that VVisonage to view that Tenement and the names of them in the VVrit And that you Summon them by good Summons that they be then before us at Westminster ready thereupon to make their review And that you put by sure and safe Pledges the afore G. W. and R. or their Bailiffs if they be not found that they be then there to hear that Revisement And that you have then there the Summoners the names of the Pledges and this VVrit VVitness our self at Westminster the twentieth day of October in the nineteenth year of our Reign The Retorn thereof Pledges of prosecuting John Doe and Richard Row G. H. C. H. and R. A within named are attached Horse of the price of 11. shillings The residue of the Execution of this Writ appeared in a certain Panell to this Writ annexed the answer of L. K. and R.W. Sheriffs The names of the Reviewers c. I. R. Esquire c. and so the twenty fourth singularly Impanelled and then thus the Summoners of the Reviwers aforesaid and of every of them I.T. and R. S. the Manucaptors of the summons of the Reviewers aforesaid and of every of them A. D. R. R. N. D. and H. H. THe King to the Sheriff of Middlesex Greeting Habeas Corpus Jur ' upon the same We command you that you have before c. on Thursday next after the Morrow of St. Martin the bodies of I. R. Esquire and so the names of the 24 in the panell named the Reviewers of a certain Assize of novell disseisin which I. R. and H. L. have brought before us against G. H. W. H. and R. A. of Tenements in H. to make revisement of the same Assize and that in the mean time you cause the Reviewers aforesaid to see the
that he had him now here ready upon which the same Defendant is Committed to the Prison c. by occasion of the Premisses to stay untill c. Commitment after Iudgement AFterwards to wit such a day then next following before c. Came the aforesaid I. in his proper person and rendred himself to the person of the Marshall of the Marshallsee of our Lord the King for the debt and damages aforesaid Upon which the same I. is committed to the Marshall of the Marshalsee c. in Execution for the debt and damages aforesaid There to remain untill c. ACTIONS OF ERROR ERROR AFterwards to wit such a day c. Error alleged in assault and batterie in the judgement that the Entrie was that the partie be taken when the cause of action was before a general Pardon in this self-same Term before our Lady the Queen at Westminster came the aforesaid Nicholas Stoddard by William Man his Attorney And sayes that in the Record and Processe aforesaid as also in the rendring of the judgement aforesaid it is manifestly Erroneous in this That whereas in every judgement Entred or to be Entred in Trespass and Assault after the generall pardon of our Lady the Queen that now is by Act of Parliament of Trespass and assault made before the same act of Parliament the judgements so Entred and to be Entred ought to be Entred And nothing of fine of the aforesaid Defendant because he is pardoned and not that he should be taken yet after the generall Pardon of our Lady the Queen that now is had and Enacted in the Parliament of our Lady the Queen that now is at Westminster in the County of Middlesex the twenty fifth day of October in the thirty ninth year of the Reign of our Lady the Queen that now is the Judgement aforesaid was Entred against the aforesaid Nicholas in the Plea aforesaid that he the said Nicholas should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid in the Record aforesaid specified which was long before the aforesaid act of Parliament of the generall Pardon aforesaid And so that Judgement is void in Law Also it is Erronious in this for that whereas the aforesaid John S. the aforesaid Term of Easter Error also for want of admission by Procâ—â—in amy the partie being within age in the aforesaid forty first year of the Reign of the Queen had prosecuted by John Mallows and William Evoring as the next kinsmen of him the said John yet there is not had any Record of the admission of the aforesaid I. S. being an Infant in form aforesaid to prosecute the Plea aforesaid by his next kinsmen aforesaid under the names of any of the Prothonotaries of the Common Bench Entred as by the Law and Custom of the Court of our Lady the Queen of Common Bench aforesaid it ought to be Entred And prayes a Writ of our Lady the Queen to the aforesaid Edmond Anderson Knight Chief Justice of our Lady the Queen of the Common to whom it belongs to make Certificates in that behalf to certifie our Lady the Queen thereupon more fully the truth And it is granted unto him c. By which it is Commanded the aforesaid E. Anderson Chief Justice of the Bench aforesaid That having searched the Rolls Certiorare to the Chief Justice awarded to certifie c. under the names in the Offices of the Prothonotaries aforesaid of the admission of Infants to prosecute by their next kinsmen of the Term and year aforesaid And what of the admission aforesaid in the same he shall find he should certifie forthwith to our Lady the Queen wheresoever c. together with the Writ to him directed The Certificate of the Chief Justice c. Which said Chief Iustice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon directed certified to her the said Lady the Queen that having searched the Rolls of the Entries of every of the Prothonotaries aforesaid in the aforesaid County of Suffolk of the Term and year aforesaid in his Custody of Record remaining he found not in the same any Entrie of the admission of the aforesaid I. S. to prosecute by I. M. and W. E. the next kinsmen of him the said I. being within age against the aforesaid N. S. of the aforesaid Plea as by the aforesaid Writ it was Commanded unto him which said Writ is Filed amongst the Records without day of this Term Upon which the aforesaid N. S. prayes a Writ of our Lady the Queen to warn the aforesaid I. S. of being before our Lady the Queen to hear the Record and Processe aforesaid And it is granted unto him c. By which it is Commanded to the Sheriff that by honest men c. he make known to the aforesaid I. S. that he be before our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. to hear the Record and Processe aforesaid if c. And further c. The same day is given to the aforesaid N. S. c. Denâ—rrer in Law to the first matter of the Errors And the aforesaid I. S. by T. Bland his Attorney comes and as to the aforesaid first matter by the aforesaid Nicholas above for Error in form aforesaid assigned For that that after the Generall Pardon of our said Lady the Queen that now is had and enacted in the aforesaid Parliament of our Lady the Queen that now is at Westminster aforesaid the aforesaid twenty fifth day of October in the thirty ninth year of her Reign aforesaid the judgement aforesaid was entred against the aforesaid N. in the Plea aforesaid that he the same N. should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid which was long before the aforesaid Act of Parliament of Generall pardon aforesaid The same I. by Protestation that that matter for that Error in form aforesaid assigned is insufficient in the Law to maintain the aforesaid Writ of Error of him the said N. in that behalfe To the which he the said I. hath no necessitie nor by the Law of the Land is bound in any manner to rejoyn for Plea yet he saith that in the aforesaid Court of Bench aforesaid there is had The Custom of the Common Bench alleged for the manner of Entring judgment in the Case and time out of mind there hath been had such a Custom used and approved That is to say that the Clerks of the same Court who for the time being are assigned and allowed to enter and Record any Iudgements in the same Court from time to time rendred and to be rendred were used and accustomed in the Entries of the Rolls and Records of the same Court of the Judgements rendred in the same Court upon any action of Trespass against the Defendant
knowing the aforesaid T. to be a fugitive and deceiptfull person and plotting and intending him the said H.C. to hinder from the recoverie of his debt aforesaid and to cause him the said H.C. what in him lay wholly to lose his debt aforesaid the aforesaid T. before the aforesaid Justices of our Lady the Queen here at or ever after the aforesaid day of Wednesday c. according to the purport of the aforesaid Writ he had not but the same T. he the said H. C. of his said debt aforesaid being in no wise satisfied or in any manner contented before the retorn of the same Writ to wit such a day and year at London c. in the Parish c. he suffered to go at large whithersoever he would in the danger of the losse of the debt of the aforesaid H. C. For that if the aforesaid H. A. had had the aforesaid T. before the Justices of our Lady the Queen here at the aforesaid day of Wednesday c. according to the purport of the Writ aforesaid and the aforesaid Arrest then the same T. ought to have found in the Court here to him the said H. C. sufficient Manucaptors who must have undertaken for the aforesaid T. that if the same T. should be Convict in the Debt aforesaid that then he the said T. should pay the debt aforesaid to him the said H.C. or should render himself to the Prison of our Lady the Queen of the Fleet by occasion of the Judgement of and upon the Premisses to be rendred or that they the said Manucaptors the debt aforesaid for the aforesaid T should pay to him the said H. C. And if the same T. did not find such Manucaptors that then he should be committed to the Prison of our Lady the Queen of the Fleet there to stay untill he should do it To the damage of him the said H. C. a hundred pounds And thereupon he brings his Sure c. And the aforesaid H. A. by Thomas Foster his Attorney comes and defends the force and injurie when c. Not guilty pleaded And sayes that he is in nothing guilty of the Premisses above imposed upon him And of this he puts himself upon the Countrey And the aforesaid I. C. in like manner Therefore Command is given to the Sheriff that he cause to come here in eight dayes of the Purification of the blessed Virgin Mary and c. By whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid here c. This was tried in London and a Verdict and Judgement for the Plaintif And a Writ of Error was brought and assigned for Error For that it appears not in what place the Bailiff of the Libertie delivered the Prisoner to the aforesaid F. the under-Sheriff nor whether he was delivered in the County of Essex or no. Error also for that he said not in his Declaration that the Defendant took no securitie for the appearance aforesaid for it might be that the Sheriff delivered him up upon Bayl according to the form of of the Statute Error also for that the Plaintif said not that the aforesaid T. appeared not in the Bench. Afterwards the Defendant after he had pleaded in nullo est Erratum died And then was made this Entrie following as yet c. Afterwards to wit the fifth day of May in the Four and thirtieth year of the reign of our Lady the Queen that now is before our Lady the Queen at Westminster came the aforesaid H. A. by his Attorney aforesaid And sayes that the aforesaid H. C. is dead and prayes licence to purchase a new Writ of Error c. And it is granted unto him c. And afterwards to wit the sixt day of May then next following before our Lady the Queen at Wistminster came the aforesaid H. A. by his Attorney aforesaid And brought before our Lady the Queen a certain new Writ of Error of our Lady the Queens directed to the Justices of our Lady the Queen of the Pleas before her the said Queen assigned to be held which said Writ follows in these words Elizabeth c. And so recite the Writ of Error And upon this the same H.A. says that in the Record and Processe aforesaid as also in the rendring of the Judgement aforesaid it is manifestly Erronious alleging for Errors the severall matters above assigned And the same H.A. sayes further that the aforesaid H.C. before his death to wit at London aforesaid in the Parish and Ward aforesaid made his last VVill and Testament in writing And thereby Constituted and ordeined Elizabeth his then wife Executrix of his Testament aforesaid and there afterwards died And the same H. A. prayes a VVrit of our Lady the Queen to warn the aforesaid Executrix of being here c. retornable on the morrow of the holy Trinitie c. wheresoever c. At which day came the aforesaid H. A. by his Attorney And the aforesaid Defendant by John Williams her Attorney came And upon this the aforesaid H. A. as formerly sayes That in the Record and Premisses aforesaid c. it is manifestly Erronious And the Executrix pleads that it is in nothing Erronious and so they continue it for argument And afterwards upon full debate judgement was affirmed ACTIONS OF DEBT AND DIVERS OTHER Actions and Pleas. DEBT ss W C. Complaineth of I.H. in the Custody of the Marshall c. of a plea A Declaration in Debt upon a Bill to be paid at the day of Marriage of the Defendant that he render unto him 20 l. of good and lawfull c. which c. for that to wit that whereas the aforesaid I. in such a day and year at c. by his certain Bill Obligatory sealed with the Seal of him the said I and unto the Court c. whose date c. acknowledged himself to owe unto the said W. the aforesaid 20. l. to be paid unto the said W. at the day of the Marriage of him the said I and the said W. in fact saith that the said I. afterwards that is to say in such a day and year c. married to wife one M.A. by which an Action did accrue unto the said W to require c. ss W. B. next of Kin of R.B. deceased Declaration in Debt for an Administrator against an Administrator Administrator of all and singular the Goods Chattels rights and Credits which where of R.B. late of H. in the County of Middlesex Yeoman otherwise called c. deceased which dyed intestate complaineth of A.N. Widow Administrator of all and singular the goods and chattels rights and credits which were of R.N. late of F. in the County of Middlesex Yeoman deceased in the custody of the Marshall c. of a Plea that he render unto him 60. l. of lawfull c. which c. for that to wit that whereas the aforesaid R.N. in his life that is
any Lands Tenements or Hereditaments or in any Courts of Record or in any Leet or View of Frank-pledge in a Court day called Law-day or in any Court in antient Demesn Hundred Court Court Barron or in the Court or Courts of the Stannery in the County of Devon and Cornwall or being examined to the perpetuall memory of a thing that then whatsoever person and persons so offending and being duly convicted or attainted by the Laws of this Kingdome of England for his or their said offences shall lose and forfeit unto the said Lady the Queen 20. pounds and should have Imprisonment by the space of six moneths without Bail or Mainprise and that the Oath of such person or persons so offending from thenceforth afterwards in any Court of Record should not be taken within this Kingdom of England or Wales or Marches of the same till what time the Judgement given against the said person or persons should be made void or revoked by Attainder or otherwise that upon every such kind of Revocation the parties grieved shall recover his or their Dammage against all and singular such person and persons as should procure the said Judgement so revoked to be rendered against him or them or any of them by Action or Actions to be prosecuted upon his or their Case or cases according to the course of the Common Lawes of this Kingdome of England and if it should happen the said offendor or offendors not to have any goods or chattells to the value of 20. pounds that then he or they should be put upon the Pillory in any Market place within the County City or Burrough where the said offence should be committed by the Sheriff or his Officers if they should happen to be without any City or Town Corporate then by the chief Officer or Officers of such City or Town Corporate or by his or their Officers And there should have both his ears nayled and from thenceforth should be discredited and disabled for ever to be sworn in any the Kings Courts of Record aforesaid untill the Judgement should be reversed and thereupon to recover his Damages in manner and form before mentioned one Moity of which said sum of Money to be forfeited in manner and form aforesaid should be to the said Lady the now Queen her Heirs and Successors and the other Moity thereof unto such person or persons as should be grieved hindred or molested by reason of the offence or offences before mentioned who therefore would prosecute by action of Debt Bill Plaint Information or otherwise in any the Kings Courts of Record in which no Wager of Law Essoin Protection or Injunction should be allowed as in the said Statute amongst other things more fully it is manifested and it appeareth And where also c. ss A. B. Late of London Taylor Declaration in Debt after Verdict and Judgement in Trespas in the Kings Bench upon Recognizance there against one of the Bayl. Easter 6. H. 8. Roll. 432. was Summoned to answer R.H. of a Plea that he render unto him 100. pounds of lawfull money of England which c. And thereupon the said R. by R. I. his Attorney saith that whereas he the Monday next after fifteen dayes of the holy Trinity in the fourth year of the Reign of the now King before him the said Lord the King at Westminster in his proper Person came and appeared and then and there in the Court of the said King brought his Bill against one W.G. Mercer in the Custody of the Marshal of the Marshalsea of the Lord the King before him the King then and there being of a Plea of Trespass and the Pledges to prosecute are Philip Mason and John Wicham by which said Bill the said R. Complained of the said W. of that that he the second day of July in the third year of the said now King with force and arms that is to say with Swords c. the house of him the said R. at London in the Parish c. had broke and other wrongs to him had done against the Peace c. to the damage c. and the aforesaid W. by T.C. his Attorney appearing commeth and defendeth the force and Injury when c. and saith that he in no wise was thereof guilty concerning the Trespass aforesaid as the said R. above against him Complained And of this he put himself upon the Countrey And the aforesaid R. likewise c. therefore thereupon commeth the Jury before the Lord the King at Westminster the Monday next after eight c. of St. Michael And who neither c. to Recognize Entrie of Recognizance after Issue ioyned c. because aswell c. the same day was given to the parties aforesaid there c. And upon this before the said Lord the King at Westminster in the said County of Middlesex personally then and there commeth I.G. of London Gent. and L.G. of London Gent. and the aforesaid A. the Manucaptors for the said W.G. that is to say under the pain of 100. pounds which they acknowledged and every of them for himself acknowledged of his Lands and Chattels and of every of them to be done And to the use of the said R. to be levyed and likewise the said W.G. assumed for himself under the pain of 100. pounds which he acknowledged of his Lands and Chattels to be executed and to the use of the said R. to be levyed if the said W. all such Damages Costs and charges in which it should happen him the said W. in the Plea aforesaid in any manner lawfully to be overthrown doth neither pay or himself to the Prison of the Marshall of the Lord the King before him the King in that occasion not to render c. At which said day of Monday next after eight c. of St. Michael before him the Lord the King at Westminster commeth aswell the aforesaid R. in his own person as the said W.G. by his foresaid Attorney And the Sheriff then sendeth a Writ of Venir ' fac ' 24. c. in all Services and Executions together with the Pannell of the names of the Jurors thereupon impannelled upon which the Jurors of that Jury being called likewise come who being chosen tryed and sworn to speak to the truth of the Premisses Say upon their Oath that the said W. was guilty of the Trespass aforesaid even as the said R. had above Complained And they Assessed the Damage of him the said R. by reason of the Trespass as in the Verdict for which it was considered at that time in the same Court before him the Lord the King that the said R. should recover against the said W c. as in the Record even as in that Record it more fully appeareth And the said R. saith that afterwards the said W.G. in Damage Costs and charges aforesaid was convicted and after Judgement was thereupon given hitherto the said W.G. the Damage Cost and Charges unto the said R. hath not paid
manner whatsoever And whereas also all and singular Pleas of whatsoever trespasses speeches and publishing of scandalous English words whatsoever touching and concerning the Banckruptery or insufficiency or poverty of any person being a Merchant at the time of the speaking or publishing of the same scandalous English words and all other such Pleas and matters onely are not of the Test or Jurisdiction but doe specially appertein and belong to their now Queen and her Regall Crown and by the Lawes of the Land of this Kingdome of the said Queen of England they ought not in any manner whatsoever to be tryed ended and discussed before the Admirall or by the Admirall or by his Deputy and from the time of mans memory they ought and were accustomed to be tryed c. by the Lawes of the Land Notwithstanding which one John Raynes Merchant of the City of London not being ignorant of the Premisses cunningly devising and intending the same J. Osborn against the due form of the Law of this Kingdom of England unduly to grieve oppress and weary out and the said now Queen and her Regall Crown to dis-inherit and also the Cognizance of a Plea which to the same Queen and her Regall Crown in this behalf and not to the Court of Admiralty doth belong to another Tryall in the Court of Admiralty to draw him the said J. O. in the Court of Admiralty before the Worshipfull and excellent man The stile of the Judge in the Court Admirall Mr. David Lewis Doctor of Lawes chief President of the Court of Admiralty or his lawfull Deputy or other competent Judge in this behalf whatsoever of and for the protestation of the insufficiencie and disabling of the said John Raynes Merchant being as before is spoken of and of and for the speaking publishing and affirming of the English words following that is to say c. as by the Libell of him the said J.R. against him the said Jo. Osborn exhibited and here profered to the Court more plainly it may and doth appear where in truth the speaking publishing and affirming of the said scandalous words and the aforesaid protestation by the said J. O. before supposed to be done in the said Libell specified if any or which like speech divulging affirming or Protestation were had and done at Guilford in the County of Surrey and not upon the main Sea nor within the Maritine Jurisdiction And the said J.R. the same J. O. in the said Court of the said Admiralty to condemn and the said J. R. of and in the Premisses to answer with all his Forces as yet endevoureth and from day to day cunningly deviseth And although the said John Osborn all and singular the Premisses in the Court of the said Admiralty before the aforesaid Judge of the Court of that Admiralty for his discharge in the Premisses had often pleaded alleged and brought inevitable testimony to prove Notwithstanding which the Judge of the Court of that Admiralty altogether refused to admit that Plea and allegation in contempt of the said now Queen and to the manifest damage prejudice impoverishment and grief of him the said John O. And this the said J.O. is ready to prove whereupon the said John here most humbly imploring the gracious Ayd of the Court of the said Queen prayeth remedy and the Writ of Prohibition of the said Queen to be directed to the Judge of the Court of that Admiralty to prohibit him that he in no wise should any further hold the aforesaid Plea of the Premisses in any manner whatsoever depending before him c. And it is granted unto him c. ACTIONS OF REPLEVIN REPLEVIN ss AND the said R. R. by T.S. his Attorney cometh and defendeth the force and Injury when Defendant justifies the taking of the Cattell for Rent behinds c. And doth well avouch the taking of the said Cattell in the said place in which c. And justly c. because he saith that the said place in which c. is and from the time of the said taking and before was one acre of Land in R. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said R. was seized in his Demesn as of Fee of one Messuage one Garden ten acres and half an acre of land and two acres of Wood with th' appurtenances in R. aforesaid whereof the said place in which c. is And at the said time in which c. was parcell And so being thereof seized that same Messuage Garden land and Wood with th'appurtennaces long before the time of the taking aforesaid that is to say at the Feast of St. Andrew the Apostle in the year of the Reign of the Lord Edward late King of England the fourth after the Conquest brother of the Lord the now King 22. at R. aforesaid Demised unto the foresaid I.A. To have to him from the same Feast as long as it should please him the said R. yielding therefore yearly unto the said R. as long as the said J. should have and occupy the said Messuage Garden Land and Wood 21. shillings at the Feast of Pentecost and Andrew the Apostle by equall portions yearly to be paid by virtue of which Demise the said I.A. the said Messuage Garden land and wood with th' appurtenances from the said Feast of St. Andrew the Apostle untill the Feast of Saint Andrew the Apostle next before the time of the taking aforesaid had and occupied And for that that 21. shillings of the said Lease by the said time unto him the said R. at the time of the said computation remained in arrear and as yet remaineth unpaid doth well avouch the taking of the sayd Cattell in the said place in which c. and justly c. And this he is ready to prove whereupon he prayeth Judgement and the return of the said Cattell to be adjudged unto him c. Plaintif saith that before the Defendant had any thing one N. was seized of the Premisses and afterward the said Land descended to the Wife of the Plaintif as Heir of N. by which the Plaintif claimed the Tenements in hereditarie right and that the Defendant had nothing in the Tenements unlesse by Intrusion Claim ss ANd the said J. A. saith that the said R. the taking of the said Cattell in the foresaid place in which c. by any matter before alleged that he ought not to avouch the same to be just because he saith that long before the time of the said Caption and long before the said R. had any thing in the said Messuage Garden land and Wood with th' appurtenances one N. A. was thereof seized in his Demesn as of Fee and dyed of such his estate thereof seized after whose death the right of the aforesaid Tenements with th'appurtenaces descended unto one T. A his Son and Heir of him the said N. and the said R. after the death of the said N. into
the said Homage fealty and sute of Court as of fee and right and of the said Rent and residue of the said Services in his Demesn as of Fee And because the sute of him the said T. H. at the Court of the said R. A. held at his said Mannor on fryday next after the Epiphany of our Lord in the fourteenth year of the reign of the now King unto the said R. A. remaining undone the said R. A. doth well avow the taking of the said Cattel in the said place in which c. as in parcell of the said tenement of him the said R. A. in form aforesaid held and upon the said T. H. as upon his true Tenant thereof c. And within his fee c. And this he is ready to prove whereupon he prayeth judgment and the return of the said Cattel to be adjudged unto him c. Defendant protesting that he did not hold the premisses by the services in the avowment of the Plantif specifyed and that the Defendant was not of the same seized c. for Plea saith that he holdeth by fealty 3. shillings tent onely without this that he holdeth as above And the said T. H. saith that the said R. A. by any thing before alleged the taking of the said Cattel ought not to avow just because protesting that the said T. doth not the said Messuage and Virge of land with th' appurtenances of the foresaid R. A. by the said services in the avowment of him the said R. before specified c. And protesting also that the said R. A. was not seized of the said services by the hands of him the said T. in manner and form as the said R. A. before hath alleged for Plea saith that the said T. doth hold the said Messuage and Virge of land of the aforesaid R. A. as of his Mannor of B. by fealty and the Rent of three shillings onely for all services and ancient demands without this that the said R. A. was seized of the said services to doe sute at the Court of him the said R. A. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said services in manner and form as the said R. A. in his said avowment before hath alleged and this he is ready to prove whereupon he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. And the said R. A. saith Issue upon the Tenure that the said R. was seized of the said Services to do Sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said Services in manner and form as the said R. before hath alleged And of this he putteth himself upon the Country and the said T. likewise c. ss AND the said I.T. and H. by R. M. his Attorney cometh and defendeth the force and injury when The form of a Plea where the Defendant took more Beasts and Chattels than the Plaintif by his Declaration supposeth himself to have taken the Defendants say as to one Horse they did not take as to the residue say that he the said J.D. one of the Defendants in right of his Wife was seized of the Mannor of D. of which Mannor the Plaintif holdeth ten acres of land wherof c. of the Defendant by Fealty and four shillings Rent and to do Sute of Court and a Fine was leavyed of the same Mannor between W.F. Plaintif and the said I. E. and his Wife and that afterwards the said W. F. granted the said Mannor unto the said I.E. and his Wife and to the Heirs of their bodies c. in Fee-tayl and that after the Plaintif attorned unto them the said I. P. and his Wife and because the said Rent was behind the Defendants took the Beasts c. c. and as to the taking of one Horse of the said Horses they the said J. and H. say that they did not take that Horse in manner and form as the said Prioress before against them complaineth And of this they put themselves upon the Country And the said Prioress likewise c. And the said I. and H. further say that they at the time in which the taking of the said Cattell is supposed to be done they took four Horses of the said five Horses in the said Declaration specified and also one Cart with six Stacks of Barley in the same Cart being with the whole Tacklyn to the sayd Cart belonging that is to say Cartharness for the said four Horses in the same Cart to be drawn of the said Oxen and Cattell of the said Piroress in the said place in which c. which said four Horses and the said Cart with the said six Stacks of Barley in the same Cart being and the said Cattell that is to say the tackling of the said Cart called Horse Harness for the said four Horses drawing that Cart of I.N. Knight Sheriff of the said County at the Complaint of the said Prioress unto the said Prioress caused to be replevyed and of the said four Horses and Chattells the said I. in his own right and of Anne his Wife doth well avow And the said Hen. as Bailiff of the same I. doth well acknowledge the taking of the said Cattell in the said place in which c. and justly c. because he saith that the said place in which c. doth contein in it self ten acres of land with th' appurtenances in C. aforesaid whereof the said Prioress at the said time in which c. long before c. was seised in her Demesn as of Fee in the right of her said Monastery and so thereof being seized held the same of the said I. and A. his Wife in the right of her the said A. as of her Mannor of D. in the said C. of K. by Fealty and the Rent of 4. shillings every year at the Feast of St. Michael th'Arch-Angell to be paid and by Service to do Sute at the Court of them the said I. and A. of their said Mannor from three weeks to three weeks there to be held of which Services the said I. and A. in the right of her the said A. were seized by the hands of the said Prioress as by the hands of their then true Tenant that is to say of Fealty and Sute of the said Court as of Fee and in right and of the said Rent in their Demesn as of Fee And them the said I. and A. in the right of her the said A. so of the said Mannor Rent and Services being seized long before the said time A Fine levied where the wise is Cognisee seized of the lands acknowledged in which c. that is to say in Eight dayes of St. Michael in the 21. year of Henry late King of England and France the seventh from the Conquest in the Court of him the said late King
a Distresse And this they are ready to prove Whereupon they pray Judgement if they the Delivery of the said Cattell unto the said T. in this behalf ought to secure c. The Advocants say that after the said taking converted the same to his own use Without this that in default of the Plaintif they perished with hunger And the said T. L. saith that the said W. H. and I. ought not to secure the Delivery of the said Cattell unto him because he saith that they the said W. H. and I. after the taking of those Cattle converted them to their own use Without this that those Cattell in default of him the said T. with hunger perished in that manner and form which the said W. H. and J. before in pleading have alleged And this he is ready to prove as the Court c. Whereupon he prayeth Judgement and that they may secure unto him the Delivery thereof c. And they the said W. H. and I. as formerly say that the said Cattell in the Default of the said T. perished with hunger as they the said W. H. and I. before in pleading have alleged And of this they put themselves upon the County And the said T. likewise c. And therefore aswell to try c. as c. ss AND upon this the said R. G. prayeth that the said J. and J. may secure unto him the Delivery of the two Cows Inrolment that the Defendant secure Delivery of the Cows aforesaid And they the said J. J. unto him the said R. the Delivery of those Cows are undertaken by T. S. and R. therefore the Command is to the Sheriff that those two Cows he cause to be delivered unto the said R. C. without delay and in whatsoever manner c. he shall make known in eight dayes of Saint Hillary c. THe Lord the King Declaration in a Writ of Replevin of Cattell where the Defendants doe appear upon the Writ plur Repleg of Proces upon a Writ of Replevin by the Plaintif not found Parl. 37. H 6. Return of a Writ of Plur ' Replevin sent his Close writ to the Sheriff of Cornwall in these words Henry by the Grace of God of England c. reciting word by word the Writ of the pluries Replegiar c. The Indorsement of the same Writ followeth in these words the Cattle within written are removed to a place to me unknown by the within written I. B. and I. further I Certifie unto the Lord the King that no other writ besides this writ was deliver unto me And now at this day that is to say at the said fifteen dayes of Easter in the same Term before the Lord the King at W. cometh aswell the said W. by I. G. his Attorney as they the said I. B. and I. K. by P. G. his Attorney upon which they the said I. B. and I. K. prayeth that the said W. may declare against them in the said Plea and upon this the said W. findeth his Pledges here in Court Note if the sheriff makes Replevin by writ the Plaintif doth not put in security to the sheriff but to the Court Declaration in a Replevin where the Cattel were taken in one Town and were impounded and detained in another to prosecute that is to say I. G. and R. I. And complaineth that the said I. B. and I. K. the Monday next after the feast of the Epiphany of our Lord in the thirtieth year of the Reign of the said now King at P. in a certain place called M. they took twenty Oxen of the price of every Oxe twenty shillings ten Steeres of the price of every Steere ten shillings ten Cowes of the price of every Cowe ten shillings and four Horses of the price of every Horse twenty six shillings and Eight pence and brought them to T. and there have impounded and unjustly detained against Sureties and Pledges And that they the said I. B. and I. K. the same day and year took Cattel that is to say ten Oxen of the price of every Oxe twenty shillings six Cowes of the price of every Cow ten shillings and ten Steeres of the price of every Steer ten shillings at H. in a certain place called B. and there impounded and unjustly detained and as yet unjustly they doe detain against Sureties and Pledges c. Whereupon he saith that he is the worse and bath damage to the value of C marks and thereupon he bringeth his sute c. Imparlance in a Replevin And they the said I. B. and I. K. doe defend the force and wrong when c. all taking and unjust detaining c. whatsoever c. And they pray a day to imparse and it is granted unto them c. And upon this day thereupon is given to the said parties untill in Eight dayes of the holy Trinity wheresoever c. That is to say the said I. and I. to Imparl and then to answer Kent Declaration upon a Replevin for taking and detaining of beasts and Chattels c. K. B. of P. was summoned to answer unto W. M. of a Plea wherefore he took the Cattel and Chattels of him the said W. and the same detained against Sureties and Pledges c. And whereupon the said W. by I. G. his Attorney complaineth that the said R. in such a day and year c. at I. in a certain place called S. took Cattel that is to say three Horses and Chattels that is to say one Cart and four Copps and six Sheaves of the wheat of him the said W. and the same detained against Sureties and Pledges untill c. Whereupon he saith that he is the worse And hath dammage c. And thereupon bringeth his sute c. Defendant as Bailiff of the Prior acknowledgeth the taking of the Cattell for a Rent charge and aâ—ears behind where he was thereof by prescription And the said R. B. by W. F. his Attorney cometh and defendeth the force and injury when c. and as Bailiff of W. Prior of Christs Church in Cambridge doth well acknowledge the taking of the said Cattell c. in the said place in which c. And justly c. because he saith that the said T. late Prior of the said Church Predecessor of the said now Prior and all his Predecessors heretofore Priors of the said Church from the time of which c. were seized of a certain Rent of six shillings eight pence Comming forth of twenty acres of Land with th' appurtenances in I. aforesaid whereof the said place in which c. is and at the time of the said taking done was parcell in his Demesn as of Fee in the Right of his said Church by the hands of the Tenant of those twenty acres of Land with th' appurtenances for the time being As of a Rent-Charge yearly at the Feast of the Ascension of our Lord and of St. Andrew the Apostle to be paid by equall Portions And
the Sea in his Voyage towards London aforesaid with the said Wine And further the said I. N. in fact saith that after the said lading of the said thirty two Pipes of Canary Wines of the said I. N. in the said Ship in form aforesaid done to be transported from the said Isle of Teneriff up to London aforesaid and after the said departing of the said Ship from the said Port of the Isle of Teneriff aforesaid in his said Voyage towards London aforesaid the same Ship bâ—ing laden with the said thirty two Pipe of Canary Wines of him the said I. N. in saying upon the main Sea from the Isle of Teneriff aforesaid towards London aforesaid that is to say the twenty eighth day of I in the fortieth year of the Reign of the said now Queen aforesaid by the boisterousness of Winds and great Tempests in the main 〈◊〉 was overwhelmed and there was cast away and the said thirty two Pipes of the Canary Wines of him the said I. there then and in the main Sea were altogether lost that the said I. N. afterwards that is to say the Tenth day of A. in the fortieth year aforesaid at London aforesaid in the Parish and c. gave Notice to the said 8. of the said losse Notwithstanding which the said E. his promise and Assumption aforesaid nothing regarding but imagining and fraudulently intending the said I. N. of the said twenty five pounds or any parcell thereof unto the said I. N. hath not as yet paid or in any manner for the same hath satisfied although afterwards that is to say such a day and year at L. aforesaid in the Parish and c. was required by the said I. to doe this whereupon the said I. faith that he is the worse and hath Damage to the value of ten pounds And thereupon he bringeth his Sute c. ss EDward Ayscoughe Esquire complaineth of Thomas Pelhum Esquire late Sheriff of the said County Surrey Declaration against a Sheriff for that he did not arrest one in exccution upon a Cap. utl after Judgement being in his presence Enquire if the Plaintif ought not declare who aswell for the Queen as for himself A Cap ' to satisfie to the Sheriff of London and that he was not to be found ret ' thereupon for that that the Originall Writ there had issued in the Custody of the Marshall c. for that that whereas the said E. formerly that is to say in the Term of St. Michael in the 28. and 29th years of the Reign of the now Queen before Edmond Anderson Knight and his fellows then Justices of the Queens Bench at Westminster in the County of Middlesex by Consideration of the same Court had recovered against one W. Howard late of c. sixty five pounds three shillings four pence which was adjudged unto the said E. in the Court of the said Queens Bench for his Damages which he had by occasion of a certain Trespas upon the Case unto him by the aforesaid W. done as it had been said whereupon he was convicted upon which said Judgement the said E. for the more speedy obtaining of the said Damages afterwards that is to say the nineteenth day of J. in the thirtieth year of the said now Queen shed forth out of the Court of the said Queens Bench a certain Writ of the same Queen to satisfie against the said W. directed to the then Sheriffs of London where his Originall Writ in the said Plea had formerly issued by which said Writ the said Queen had commanded them the said then Sheriffs of London that they should take the said W. if he should be found in their Bayliwick and him safely to keep so that they should have his body before the Justices of the said Queen at Westminster from the day of the holy Trinitie in fifteen dayes then next following to satisfie unto the said E. of the said 65. pound 3. shillings four pence which unto the said E. in the same Queens Court were adjudged for his said Damage whereof he was Convicted At which day before the said E. Anderson and his fellows then Justices of the said Queens Bench at Westminster aforesaid came the same Edward by his Attorney and T. Skinner and I. Catcher then Sheriffs of London sent to the then Justices of the said Queen at Westminster that the said W. was not found in their Bayliwick by which then and there a Command was to the same then Sheriffs of London Exigent to the Sheriffs of London that they should cause to be called the said W. from Husting to Husting until according to the Law and Custom of the Kingdom of the said Q. of England he should be Outlawed if he should not appear and if he should appear then they should take him and cause safely to be kept so that they should have his Body before the Justices of the said Queen at Westminst aforesaid on the Morrow of all Souls then next following to satisfie unto the said Edward of the said Damages At which day before the aforesaid Justices of the said Queen at Westminster came the said E. by his said Attorney Exigent retorned by the new Sheriffs which was executed by the Sheriffs of London their Predecessors and H. Offeley and R. Saltenstall then Sheriffs of London then and there retorned the said Writ unto them by the said T. Skinner and I. C. late Sheriffs of London their Predecessors in going out from their Office delivered unto them and in form following retorned and executed that is to say at the Husting of a Plea of the Land held in Guild-hall of the City of London on Monday next after the Feast of the Apostles of Peter and Paul in the thirtieth year abovesaid the said W. the first time was called and did not appear At the Husting of a Plea of the Land held in the Guild-hall of the said City on Monday next after the end of St. Mildred the Virgin in the thirtieth year abovesaid the said W. was the second time called and did not appear At the Husting of a Plea of the Land held in Guild-hall of the said City on Monday next after the end of St. James the Apostle in the thirtieth year abovesaid the said W. was the third time called and did not appear At the Husting c. held c. on Monday next afor the end of St. Faiths the Virgin in the year c. the said W. was the fourth time called and did not appear At the Husting c. held c. on Monday next after the end of St. Luke the Evangelist in the thirtieth year abovesaid the said W. was the fift time called and did not appear therefore he was Outlawed Outlawed Upon which the said E. afterwards that is to say in the Term of St. Hilary in the thirty second year of the Reign of the said now Queen he Sued forth out of the said Court of the Queens Bench aforesaid at Westminster aforesaid a certain Writ
And sayes that he at and by the request of the aforesaid I. B. and W. T. in the Bill aforesaid named before the maintenance aforesaid supposed was reteyned at F. in the County of B. to be of Counsell with them the said I and W. in the Bill aforesaid named Taking therein for his Counsell as then and there between them was agreed By virtue of which Reteynder the same B was of Counsell of the aforesaid I and W. as well in the matter in the plaint aforesaid contained as in all other their Law matters and them counselled according to the best of his understanding knowledge and conception of the Law at the time of the maintenance aforesayd supposed and had Communication with other persons of their Counsell and them he requested and laboured to be of their Counsell as it was lawfull for him to do which is the same maintenance whereof the aforesaid Plaintiffe in his Bâ—ll aforesaid complaines Which all and singular the same Defendant is ready to averre Whereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his Action aforesaid against him c. The Plaintife sayes that the Defendant was a Lay man and not a Counsellor AND the aforesaid A. sayes that he by any thing before pre-alleadged ought not to be debarred from having his Action aforesaid because he saith that at the time of the maintenance aforesaid the aforesaid Defendant was a Lay man and not a Counsellor learned of and in the Law aforesaid as the aforesaid Defendant hath above alleadged And this he prayes may be enquired of by the Countrey And the aforesaid Defendant in like manner c. Iustification in mayntenance as an Attorney by warrant of Attorney AND the aforesaid I. B. in his proper Person comes and having heard the Bill aforesaid defends the force and injury when c. and all contempt and whatsoever c. by Protestation that the Bill aforesaid containeth not in it sufficient matter to enforce him the sayd I. to answer the same matter for Plea he saith that he presumeth not that our Lord the King will impeach or molest him the said I. of the maintenance aforesaid by occasion of the Bill aforesaid because he saith that the aforesaid R.P. before the time wherein the maintenance aforesaid was supposed to be made that is to say such a day and year in the Court of our Lord the King before him the said King at Westminster the aforesaid plaint then depending in the same Court by Writ of Attaint by a certaine Warrant of Attorney residing here in Court constituted and ordained and put in his place him the said I.B. to prosecute for him the said R.P. the aforesaid Writ of Attaint or to gaine or loose in that plaint and the same I. B. was to this admitted by the same Court as it appears here in the same Court amongst the Warrants of Attorney of the Term of the Holy Trinity in the 34th yeare aforesayd By which the same I.B. the said Writ of Attaint for the aforesaid R. P. prosecuted and for him the said R. P. apeared in the same plaint as Attorney of him the said R. P. by vertue of the Waâ—â—ant aforesaid the said time wherein c. as it was lawfull for him to do which said prosecution and appearance are the same maintenance whereupon the said Lord the King prosecutes his Action And this he is ready to averre as the Court c. whereupon he presumeth not that the said Lord the King him the said I. B. of the maintenance aforesaid by occasion of the Bill aforesaid in this case will impeach or molest and prayes that he may be quietly therefrom dismissed c. And the aforesaid R. F. by G.L. his Attorny comes and defends the force and injury when c. and all contempt and whatsoever Iustification in Maintenance by cause of Consanguinitie c. And sayes that the aforesayd W. C. ought not to have his action aforesayd against him because he saith that he the same R. F. is and the sayd time wherein the Maintenance aforesaid was supposed to be made was Cosen of the aforesaid R. M. that is to say Son of Margaret Sister of Alice mother of the aforesaid R.M. for whose part the aforesaid W.C. supposeth him the said R.F. to have maintained the plaint aforesaid And the same R. F. sayes further that the aforesaid R. M. for whose part c. before the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto him the sayd R. F. and requested him the said R. F. that he the said R. F. would procure a certaine man learned in the Law of the Land to be of Counsell of him the said R. M. in the playnt aforesaid And that the same R. M. would well and sufficiently reward him for his Counsell By virtue of which request he the said R.F. the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto one E. L. learned in the Law of the Land and requested him the said E. that he would be of Counsell with him the said R. M. in the playnt aforesaid and told him the said E. that the aforesaid R.M. would well and sufficiently reward him the said E. for his Counsell Which said coming to the aforesaid E. requesting and speaking to him the said E. out of the cause aforesaid are the aforesaid maintenance whereof the aforesaid W. C. brings his action aforesaid And this c. as the Court c. Whereupon he prayes judgment whether the aforesaid W.C. ought to have his Action aforesaid against him c. And the aforesaid W. C. not acknowledging that the aforesaid R.F. is a Cosen of the aforesaid R. M. in the form wherein the same R. F. above supposeth The Plaintife replies that the Defendant gave money to the Iurors of his own to give a Verdict for Plea he saith that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid R. F. the said time wherein the maintenance aforesaid was made at S. aforesaid gave oâ— his own proper Money to one I. P. 6 s. 8 d. being one of the Jurors who were impannelled on the aforesaid Writ of Novell desseisin to be arraigned and before the aforesaid I. P. and R. L. Justices of Assizes of our Lord the King in the County aforesaid assigned to be taken returned between the aforesaid R. M. and the aforesaid W.C. the now Plaintiff And unto T. R. 3 s. and 4 d. another of the Jurors on the aforesaid Writ of Assize of Novel desseisin in like manner impannelled and before the aforesaid Justices between the same parties in the playnt aforesaid named to speak their verdict with the aforesaid R.M. in the same plaint Which said gifts are the same mayntenance upon which the same W. C. conceiveth his action aforesaid And this c. as the Court
Withernam so many of the cattell of the aforesaid I. M. as are of the value of those cattell and the same to the aforesaid E. D. he cause to be delivered untill these cattell to the aforesaid E. he will deliver and put by sure and safe pledges the aforesaid I. M. that he be before c. such a returne c. to answer the Keepers c. as well of the contempt as the aforesaid c. of the damages and injuries to him in that behalfe brought The same day is given to the aforesaid E. c. THE TABLE A. ABatement where two Tenants in Common and but one named in the writ Title of Abatement Fol. 1 Abatement for Misnomer of a Town pleaded and Issue upon it 2 Abatement for Misnomer of the addition of a Name 2 Abatement for Misnomer in the Sur-name 3 Appeal of Robbery against the Principalls and Abbettors where some are Bailed and others not the triall and Verdict 5 Avowry for Rent arreare title Replevin 25 Avowry for Rent arreare title Replevin 27 Avowry for services and suit of Court undone title Replevin 29 Avowry for homage unperformed and Rent unpaied title Replevin 32 Avowry for Rent arreare title Replevin 34 Avowry for Rent behind and services undone title Replevin 38 Acknowledgement to an avowry and Judgment thereupon title Replevin 39 Avowry for Damage-feasant title Replevin 38 Avowry for Rent unpaid and services and suit of Court undone title Replevin 40 Avowry for Rent arreare title Replevin 41 Attornment of tenant to the Lord title Replevin 43 Avowry for Rent behind and homage and fealty title Replevin 44 Avowry by one Defendant and justification as a servant by the other for a Rent-charge behind title Replevin 49 Aide prier and joynder thereupon title Replevin 50 Avowant maintaines his plea and traverses Nonage pleaded in bar to him title Replevin 51 Avowry by virtue of a special custome within a Mannor title Replevin 54 Avowry of taking goods by a Maior of a Towne for tole denied title Replevin 55 To the avowry the Plaintiff pleads that he is Burgess of the Burrough of B. and that by reason thereof he is discharged of all toles within the Town of H. title Replevin 56 Avowry as to part of the Cattell that he took it for a Herriot and as to the other that he did not take title Replevin 58 Avowry by one Defendant as damage feasant and no caption by the other title Replevin 67 Avowants plead that they tooke the Cattell by the name of a Distresse and they put them in open Pound where they perished title Replevin 69 Aide prier after issue joyned title Trespass 35 Assise upon no â—ell disseisin of tenements c. and judgment upon it and a Habere facias Possessionem title Assise 9 In assise the Originall anâ— the returne thereof title Assise 10 In assise the Habeas Corpus Juratorum and return title Assiâ—e 11 Assise upon novell disseisin a declaration in it title assise 11 In assise no disseisin pleaded title assise 12 Audita querela upon an escape by a Bailiff of a Liberty title Audita querela 15 In Audita querela the Defendants appeare by Attorney and imparle 18 Admission of one under age to sue by Prochain â—my to be entred upon record upon the Rule where the declaration is entred title errour 40 Affirmation of a judgment after a writ of errour in the Exchequer chamber title errour Fol. B. BAR especiall to an advowâ—â—â—â—tle Replevin 2â— Bar to an advowry for that the Defendant took the Catter out of his Fee title Replevin 31 Bar to an advowry for that the Defendant hath nothing in the tenements c title Replevin 36 Bar to an advowry that he did not hold the Land by the services c. title Replevin 40 Bar to an advowry that the Defendant was never seised of the Rent and services c. title Replevin 43 Bar to an advowry that the Defendant took the Cattell out of his fee c. title Replevin 45 Bar to an advowry that the property of the Chattells himselfe and not in another title Replevin 47 Bar pleaded in Avowry by Nonage title Replevin 50 Bar to an Advowry that the Land wherein a Herriot was taken was without the Fee title Replevin 66 Bar for want of inclosure pleaded to an Avowry for Damage-feasant title Replevin 67 Bar to a justification that it is the Free hold of the Plaintiff and not of the other title Trespasse 83 C. CAse for scandall of a title Title trespasse upon the case 72 Case for scandalous words that the Plaintiff was a Felon title trespasse of the case 74 Case for stopping of a way title trespasse of the case 76 Case upon a promise in consideration of money to secure goods beyond the â—eas title trespasse upon the case 77 Case against a Sherif for not arresting one upon an execution being in his presence title trespasse upon the case 79 Case upon an assumpsit to save one harmlesse from an Obligation title trespasse upon the case 82 Custome of London that the Rector of any Church may let the Land of his Church with the assent of the Wardens of that Parish and of honest Persons Vestrie men title Trespasse 89 Custome speciall pleaded amongst heirs in Gavelkind title Trespas 96 Colour pleaded the manner of it title Trespasse 101 Conveyance pleaded in consideration of Marriage title Trespasse 101 Colour by demise of Copie of Court Roll Title Trespas 110 Colour by Feoffement Title Trespasse 30 Custome for a Mortuarie pleaded Title Trespas 32 Charge given to the Jury upon Assize Title Assize 13 Conspiracie Declaration in it for causing one to be endicted for witch craft Title Conspiracie 20 Conspiracie Declaration in it for one who was indicted together with others before the Justices of the Peace and afterwards acquit by the Justices of Assize Title Conspiracie 22 In Conspiracie one Defendant Justifies as a Counsellor giving advice and the other as witnesses Title Conspiracie 23 Case upon a Trover and conversion of a Reclaymed falcon Title Trespas upon the Case 73 Case for keeping a Dogge accustomed to bite Sheep Title Trespasse upon the Case Case upon Warrantie of a Hawke Trespas upon the Case 74 Case for stopping of a Water-course title Trespas upon the Case 74 Case against an Inne-keeper for selling his Guests Horse title Trespas upon the Case 75 Case for warrantie of Cattell fold title Trespas upon the Case 75 Case upon a promise on a Bargain title Trespas upon the Case 76 Case against one for cheating with false Dice title Trespas upon the Case 77 Case upon a Trover of a Recognizance title Trespas upon the Case 77 Case upon a Trover and Conversion for a Ring title Trespas upon the Case 78 In Case upon trover and conversion the Defendant pleads that he bought the goods in open Market c. title Trespas upon the Case 78 Case against one for scandalls of a title title Trespasse upon the Case 79 Case against
a Bayliff of a liberty in the nature of Escape title Trespas upon the Case 80 Case against one for disturbance of a Steward in keeping of a Court title Trespas upon the Case 82 Case for Cancelling of a Bond title Trespas upon the Case 82 Case against an Inne-keeper for a Horse lost title Trespas upon the Case 83 Case against an Executrix upon the promise of the testator title Trespasse upon the Case 84 Case by way of deceipt in a Bargain title Trespasse upon the Case 85 Case against one for scandalous words of an Alderman of London title Trespasse upon the Case 86 Case against one for frequenting Company in a dishonest manner with another mans Wife title Trespasse upon the Case 87 Case against one for negligent keeping of his fire whereby another mans house was burnt title Trespasse upon the Case 88 Continuance of a Decem tales title of Continuance ibid. Continuance upon a Summons ad auxiliandum title Continuance ibid. Continuance of a Demurrer in Law and an issue title Continuance Conspiracy Declaration in it upon the Statute of 8. Hen. the 6. title Conspiracie 25 Conspiracie for indicting of one as a common Baretter title Conspiracy 31 In Conspiracie the Defendant justifies what he did as a Juror with others c. title Conspiracie 29 Conspiracie Action upon it brought by the Man and the Wife for Felony supposed to be done by the Wife title Conspiracie 27 Continuance of a Scire facias in a Writ of Error title Continuance 34 Continuance of a Judgement after a verdict title Continuance 34 Continuance of an Exigent title Continuance 35 Continuance of a Distringas title Continuance 35 Continuance of a Jurata for want of Jurors and a Decem tales awarded title Continuance 35 Continuance of a matter in Law title Continuance 35 Continuance of a Writ of adjournment title Continuance 36 Continuance of a Jurata where the Plaintife acknowledges one of the Defendants to be dead title Continuance 36 Continuance of a Jurata by consent of the parties title Continuance 36 Committitur of a Prisoner to the Marshall being in the custody of a Sherife by vertue of a Case 38 Committitur of a Prisoner upon a Capias ad satisfaciend title Commititur 38 Committitur after judgement title Committitur 38 Certiorare to the chiefe Justice title Error 40 Certificate of the chiefe Justice title Error 40 Custom of the Common Bench alleadged for the Mannor of entring of judgement title Error 41 D. DEclaration in Debt upon a Bill to be paid at the day of Marriage title Debt 1 Debt for an Administrator against an Administrator title Debt 1 Debt upon the Statute of Mayntenance title Debt 1 Debt upon the Statute of Perjury title Debt 3 Debt upon a Judgment title Debt 5 Debt upon the Statute for Costs for not prosecuting title Debt 6 Debt upon an escape made by a Sherife title Debt 8 Debt in Accompt after Auditors assigned title Debt 10 Demurrer adjudged good and a Writ of Enquire of Damages in Trespasse and Batterie title Trespasse 111 Demurrer in Law to matter of Error title Error ibid. E. ENtrie of a Recognizance after issue joyned Title Debt 5 Essoyne cast Title Replevin 39 Entrie of an Essoyne and joyning in ayde Title Trespas 99 Escape pleaded in Audita querela and issue thereupon Title Audita querela 18 Error in assault and Batterie the especiall matter of Error alleadged and pleaded to Title Error 39 Error for want of admission by prochainamie the party Plaintiff being within age Title Error 40 Escape against a Sheriff Title Error 40 Escape upon a Bill of Middlesex against the Sheriffs Title Escape 47 Escape against a Sheriff for not having the body of one arrested at the returne of the Writ Title Escape 50 F. FIne pleaded Title Replevyn 42 Forme of pleading of an Outlawrie after Judgment Title Trespasse upon the Case 79 Forme of pleading where Land is granted by Copy of Court Roll. Title Trespas 110 Forme of pleading where the Lands accrued to the Husband under the Wifes title Title Trespas 40 Feoffement pleaded Title Trespas 41 Feoffement pleaded Title Assize 12 I. JVdgement by nihil dicit in Debt Title Debt 9 Judgement and verdict in Appeale Title Appeale 8 Incursion and issue upon it Title Replevyn 27 Issue in ayde Prayer Title Replevyn 34 Joynder in Ayde Title Replevyn 37 Issue upon a Traverse of Disseisin Title Replevyn 37 Issue upon a Traverse of Prescription Title Replevyn 39 Issue upon the Tenure Title Replevyn 41 Issue upon the seisin of Rent Title Replevyn 44 Judgement of a Playnt returned by the Sheriff upon Recordare Title Replevyn 44 Issue upon the taking of the Cattell out of his fee c. Title Replevyn 45 Justification of taking Cattell as servant to another the Cattell doing damage to the Master Title Replevyn 46 Justification of the taking of Cattell as Bayliff to another in the name of Distresse for parcell of a Rent Charge Title Replevyn 52 Issue taken upon a Prescription title Replevin 55 Justification ibid. Inrollment that the Defendant secure Delivery of the Cattell Title Replevyn 69 Imparlance in Replevyn Title Replevyn â—â— Justification of taking of Cattell as Bayliff to another for arreares of a Rent charge title Replevyn 71 Justification Especiall in an Action of the Case for standing of a Title with a Replication thereto Title Trespas upon the Case 74 Justification in trespas as servant to one that had the freehold title Trespas 83 Issue upon a Custome in Gavel-kinde and a Venire facias awarded out of the bodie of the County title Trespas 98 Justification in trespas by vertue of a Demise title Trespas 101 Judgment after a verdict in Assize title Assize 13 Jurie put in respite in Audita querela title Audita querela 18 Jurata either in Debt Trespas or Ejectione firmae title Continuance ibid. L. LEtters Patents pleaded title Trespas 71 Licence pleaded by the Defendant in Trespas title Trespas 48 N. NOnage pleaded in Barre to an Avowry title Replevyn 50 Not guilty pleaded to an Action of the Case title Trespas upon the Case 82 P. PRohibition where the Plaintiffe suggests the Lands out of which Tithes are required to be Priorie Lands title Prohibition 11 Prohibition a Declaration for prosecuting in the Court Christian after the Prohibition delivered 14 In Prohibition the Defendant pleads he did not prosecute after the Prohibition to him delivered title Prohibition 21 Prohibition to the Court of Admiralty upon the Statute of 13 of Richard the second title Prohibition 22 Prescription to Destrain for Rent title Replevyn 27 Prayer in Ayde by the Plaintiffe in title Replevyn 28 Prayer in Ayde and joynder in Ayde upon Summons title Replevin 33 Prayer in ayde and Summons upon it title Replevin 36 Prescription for common of Pasture title replevyn 39 Playntiff in mercy and the Defendant without day c. title Replevyn 44 Plea as to taking part of the cattell and Chattells that he did not
c. whereupon he prayes judgment c. And the aforesaid R.F. sayes that he gave not of his own proper mony to the aforesayd I.P. the aforesaid 6 s. and 8 d. nor any penny thereof nor to the aforesaid T.R. the aforesaid 3 s. and 4 d. nor any penny thereof to speak their verdict for the aforesaid R. M. Defendant in the playnt aforesaid as the aforesaid W.C. above by pleading hath alleadged And of this he puts himselfe upon the Countrey And the aforesaid Plaintiffe in like manner c. AND the aforesaid T.W. by L.D. his Attorney comes and defends the force and injury when c. and all contempt and whatsoever c. And sayes that the aforesaid I. H. ought not to have his Action aforesaid against him because he saith that the aforesaid I. W. the said time wherein c. and long before and after was the servant of him the said T. W. reteyned with him in the service of a Common Labourer at D. in the County of R. And further saith that the aforesaid I. W. for whose part and long before the said time wherein the maintenance aforesaid was supposed to be made at D. aforesayd came unto him the said T.W. and requested him that he in the name of him the said I.W. would ask a certaine man learned in the Law of the Land to be of Counsell with him the said I.W. in the plaint aforesaid And that the said I.W. would well and sufficiently reward him for his labour By virtue of which request the same T.W. the said time wherein the maintenance aforesaid is supposed to be made at W. in the County of Middlesex came unto one W. F. a learned man in the Law of the Land and asked him the said W.F. to be of Counsell with him the said I. W. in the plaint aforesaid and told him the said W.F. that the aforesaid I. W. him the said W. F. would well and sufficiently reward him for his labour Which said comming to the aforesaid W.F. asking and speaking to him the said W. F. out of the Cause aforesaid are the aforesaid maintenance whereof the aforesaid I. H. above complaines And this c. whereupon c. AND the aforesaid I. H. sayes The Plaintife replies be was not his servant that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid I. W. the said time wherein c. was not the Servant of him the said T W. now retained in Service with him the said T.W. as the same T.W. above by pleading hath alleadged and this he prayes may be enquired of by the Countrey and the aforesaid Defendant in like manner therefore Command is given to the Sheriffe that he cause to come before our Lord the King at W. such a day twenty foure as well Knights c. of the Visenage of D. aforesaid by whom c. SVffolk ss T. A. who prosecutes as well for our Lady the Queen is for himself Declaration upon the Statute of mayntenance for buying of a title of Land complaines of John Calfe in the custody of the Marshall c. of a plea that he render to her the sayd Lady the Queen and the aforesaid T. A. two hundred marks for the value of one Messuage and eight Acres of Land Scituate and lying in the fields of C. in the County of Suffolk which to them the said Lady the Queen and the aforesaid T. he owes and unjustly detaines for that that is to say whereas in the Statute in the Parliament of our Lord King Henry the 8th late King of England Father of out Lady the Queen that now is at Westminster in the County of M. the 28th day of Aprill in the 11th yeare of his Raign held and there begun and from thence unto the 23 day of July then next following by diverse proroguings then and there held amongst other things it was enacted that no person or persons of whatsoever state degree or condition soever they should be of who should from thence following bargain buy or sell or by any wayes obtaine gaine or have any right or title of any person or persons in or to any Mannors c. And so recite the Statute untill One Moyetie of the said forfeitures to be to her the said Lady the Queen and the other Moyety to the party who thereupon should prosecute in any of the Courts of our Lady the Queen of Record as in the Statute aforesaid amongst other things more fully is contained yet the aforesaid I. little weighing the Statute aforesaid nor seating the punishment contained in the same the 24 day of June in the 4th yeare of our Lady the Queen one Messuage and eight Acres of Land with the Appurtenances in C. at C. in the County aforesaid of one R.F. by him the sayd I. then and there paid and afterwards to be payed bought obtained and had to him and his Heirs for ever knowing that the same R. F. nor any of his Ancestors had any right or claime to the aforesaid Messuage and eight Acres of Land with the Appurtenances nor were thereupon ever possessed of the same Messuage and eight Acres of Land nor of any reversion or remainder thereof And knowing also that he the same R. F. received not the Rent or profit thereof by the space of one whole year next before the said bargain grant and provision so between them as is aforesaid made Which said Messuage and eight Acres of Land aforesaid with the Appurtenance are worth to be sold two hundred Marks at the least By which the Action accrued to her the said Lady the Queen and to the aforesaid T. A. to require and have of the aforesaid I. the aforesaid two hundred Marks for the value of the Messuage and the aforesaid eight Acres of Land with the Appurtenances yet the aforesaid I. although often required c. the aforesaid two hundred Markes to her the said Lady the Queen nor to the aforesaid T. hitherto he hath not paid but the same to them the said Lady the Queen and to the aforesaid T. hitherto to pay he hath denied and as yâ—t denieth and the same to them the said Lady the Queen and the aforesaid T. as yet unjustly detaineth Whereupon he saith that he is worsted and hath damage to the value of 200 s. And thereupon aswell for our Lady the Queen as for himselfe be brings his Suit c. The Defendant pleads he bought not the Land against the forme of the Statute AND the aforesaid I P. by T.S. his Attorney comes and defends the force injury when c. and all contempt whatsoever c. And by Protestation not acknowledging any thing in the Declaration aforesaid specified to be true for Plea he saith that the same I. bought not obtained or had to him and his Heires of the aforesaid R. F. the aforesaid Messuage and 8 Acres of Land with the Appurtenances against the
heer and by the Court here fully understood and mature deliberation being thereupon had for that that it seemes to the Court of our Lady the Queen here that the Plea aforesaid by the aforesaid Defendants above pleaded and the matter in the same contained are not sufficient in the Law to have returne of the cattell aforesaid or to debarre him the said Plaintife from having his Action aforesaid against the aforesaid Defendants It is considered that the aforesaid Plaintife ought to recover his damages against the same Defendants by occasion aforesaid But because it is not known to the Court of our Lady the Queen here what damages the aforesaid Plaintife hath sustained by occasion of he premises therefore it is commanded to the Sherife that by the Oath of honest and lawfull men of his County he diligently enquire what damages the aforesaid Plaintife hath sustained as well by occasion of the premises as for his Costs and Charges A writ of Enquiry of Damages awarded by him about his Suit in that behalfe layd out And the Inquisition which he shall thereupon make to our Lady the Queen from the day of Easter in fifteen daies wheresoever c. under the Scale c. and Seales c. he shall send together with the Writ aforesaid to him thereupon directed The same day is given to the aforesaid Plaintiff here c. At which day before our Lady the Queen at Westminster came the aforesaid Plaintiff by his Attorney aforesaid and the Sheriff to wit P. T. Esquire returned a certain Inquisition taken before him at G. in the County aforesaid the tenth day of Aprill in the thirtieth yeare of our Lady the Queen that now is by which it is found that the aforesaid Plaintiff had sustained Damages by occasion of the Premisses besides his Cost and Charges c. to six and twenty shillings and eight pence and for those Costs c. unto twelve pence therefore it is considered that the aforesaid Plaintiff should recover against the afore-Defendant his Damages aforesaid by the Inquisition aforesaid The Judgment for the recovery of the damages in form aforesaid assessed as also sixteen pounds for his Costs and Charges aforesaid to him the said Plaintiff by the Court of our Lady the Queen here of his assent of increase adjudged which Damages in the whole amount unto seventeen pounds seven shillings and eight pence And the aforesaid Defendants in mercy c. E. D. by his Attorney Withernam and Retorno Habendo in one writ offereth himselfe the fourth day against I. M. Gentleman of a Plea wherefore he took the Cattell of him the said E. and them unjustly detained against Sureties and Pledges and he came not and was sought for Therefore it is considered of that the aforesaid I. should go without day and the aforesaid E. and his Pledges of prosecuting to wit John Doe and Richard Roe should be in mercy and the aforesaid I. should have returne of his Cattell aforesaid c. and in what manner that Writ should be executed he should make known to the Keepers c. from the day of Saint Martin in fifteen daies At which day before the Keepers c. at Westminster came the aforesaid I.M. in his proper person And the Sheriff to wit W. N. Esquire returned the Writ aforesaid in all things served and executed in these words The Cattell formerly taken and in this Writ mentioned to the within named I. M. I could not return therefore by virtue of the same Writ I have taken in Withernam of the Cattell of the within named E. that is to say six and twenty Ewes to the value of the Cattell within mentioned formerly taken and the same to the within named I. M. I have caused to be delivered to be held untill the same I. should have return of the Cattell aforesaid by him formerly taken and the aforesaid E. is attached by the Pledges I. D. and I. F. afterwards to wit on Friday next after fifteen daies of the holy Trinity then next following before c. at Westminster came the aforesaid E. in his proper person and rendred himselfe to the Prison c. who by occasion of the Premises is committed to the Marshall c. and he praies that he may be admitted to the making of his Fine with the Keepers c. by occasion of the contempt aforesaid And he is fined by the Court of the Keepers c. to three shillings and foure pence which by commandement of the Court here he payed to D. W. Coroner and Attorney of the Keepers c. in the Court of the Keepers c. before c. for necessary Reparations in the Court here to be made and done therefore the same E. is to be thereof quit And upon this before c. at VV. came S. C. and R. S. and became Pledges and each of them became Pledge for the aforesaid E. as well for the Prosecuting his Complaint as of the Cattell aforesaid which to the aforesaid I. M. in the Court here before c. were adjudged by the default of him the said E. to be returned if the return of them should be adjudged each of the Pledges aforesaid under the pain of ten pounds which said Sum of ten Pounds the Pledges aforesaid and either of them by himselfe acknowledges to be made of his Lands and Chattels and to the use of the aforesaid I. to be levied if it shall happen that the aforesaid E shall not deliver the Cattell aforesaid to the aforesaid I. c. upon which the same E. by the Statute praies the Writ of the Keepers Second Deliverance granted c. of second deliverance and it is granted unto him c. By which Command was given to the Sheriff that the Cattell aforesaid to the aforesaid E. without delay he should cause to be delivered and that he should put by sure and safe Pledges the aforesaid I. M. that he be before c. in eight daies of Saint Michaell c. to answer the aforesaid E. of the aforesaid taking and detaining of the Cattell aforesaid the same day is given to the aforesaid E. c. at which day the Plaint aforesaid was adjourned by the Writ of the Keepers c. of common adjournment before c. at W. unto the Morrow of all soules At which day before c. at W. aforesaid came the aforesaid E. in his proper person And the Sherife returnes that before the comming of the Writ aforesaid to him thereupon directed those Cattell by him in Withernam taken were removed afarre of to places unknown unto him by the aforesaid I. M. And therefore after the receipt and before the returne of that Writ the Cattell aforesaid to the aforesaid E.D. he could not cause to be delivered according to the purport of the Writ aforesaid And that the aforesaid I. is attached by pledges to wit I. D. and R.R. And upon this Command is given to the Sheriff that he take in