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-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
An exact Collection of choice DECLARATIONS WITH Pleas Replications Rejoynders Demurrers Assignement of Errours AND THE ENTRIES OF JUDGments thereupon affirmed Collected by VV. S. one of the Clerks of the Vpper Bench Office In the Reignes of Queene ELIZABETH King JAMES and the late King CHARLES DILIGENTLY PERUSED AND TRANslated into English for the benefit and helpe of young Clerkes With an exact TABLE wherein may be found the Principall matters contained in the whole Book LONDON Printed by T. W. and T. R. for John Place and are to be sold at his Shop at Furnivalls Inne Gate in Holborne 1653. TO THE READER Courteous Reader I Know that this painefull Worke by the Authors own hand was diligently composed not imagining that these ensuing Presidents collected for his private use should ever have worn an English Garment or be seen without a Court-Character but being very aged and knowing that the Ports and safe Harbors of good Declarations Pleadings Replications Rejoynders Sur-rejoynders Demurrers Assigning of Errours with divers other matters incident appertinent to an Vpper Bench Clerk an Index whereof in this little of great you may finde and more particularly knowing with what ardency and fervour of affection the Author by these his practical observations for wel nigh 60 years past have by his cautious Marginal Notes in this Book comprised prevented the many irrevocable downefals of Causes that young Clerks to their owne dishonour and the ruine sometimes of their Clyents for want of good and learned Presidents have suffered a miserable shipwrack and for that the Author during all the time aforesaid have had and as yet hath the favourable aspect of the Judges in the upper Bench and the approbation of the lest Clerks in the said Court now living and is reputed for a good Just learned and painfull Attorney and that in his old age he might live in his Works and be some help and furtherance to young Clerks who intend to be Attorneys and declare themselves in English as they are and shall be obliged by the late Act of Parliament and the Supream Authority of this Nation he doth lovingly admonish them to make use of these if they cannot frame better which I think impossible I am confident the Author if God permit will recollect some other scattered Papers which have layn a long time in darknesse but will without doubt when they come forth illuminate their Judgements and abolish some Errors which are daily committed for want of well declaring and pleading Some ancient Clerkes may be offended but I care not Non nobis solum nati sumus c. The few Vitia Scriptor ' in the Author are amended what oversights or neglects you may impose upon the Printers you shall have thankes to amend which is all that I expect and more then the Collector of these Presidents hath yet had And so I conclude in the words of a grave Lawyer Nihil aliud in his reportare cupio quam ut eruditior quispiam istis provocatus doctiora scriberet promulgetque Farewell J. W. ACTIONS OF ABATEMENT ABATEMENT AND the aforesaid I. T. and I. D. by R. D. their Attorney come and defend the force and injury The Defendants plead in Abatement to the Writ that the Plaintif and another Stranger are Tenants in Common and the other not named in the Writ when c. and pray Judgement of the Writ aforesaid because they say that the aforesaid T. G. the aforesaid fourteenth day of August whereon as is supposed the Entrie aforesaid to be made had nothing in the Mannor aforesaid with the appurtenances unlesse in common and undivided with â—ne W. C. Esquire which said W. as yet is alive and remains in perfect Health and is not named in the Writ aforesaid And this they are ready to averre whereupon they pray Judgement of this Writ AND the aforesaid T. G. saith that his Writ aforesaid The Defendant pleads the sole seisin in himself and traverses c. for the reason prealleged ought not to be abated because he saith that long before the aforesaid fourteenth day of August wherein the Entrie aforesaid was made one I. G. Father of him the said T. whose Heir he is was seized of the Mannor aforesaid with the appurtenances in his Demesn as of Fee and so being thereof seized of such his Estate died seized After whose death the Mannor aforesaid with the appurtenances did descend to him the said T. G. as to the Son and Heir of him the said I. G. by vertue whereof the same T. into that Mannor with the appurtenances after the death of the aforesaid I. G. as Son and Heir of the aforesaid I. did Enter and was thereof sole seized in his Demesn as of Fee at the time of the Entrie aforesaid made and afterwards Without that that the same T. G. the same fourteenth day of August Traverse the Tenute in Common held the Mannor aforesaid in common and undivided with W. C. aforesaid in the form wherein the aforesaid I. and I. above have alleged And this c. whereupon he prayes Judgement whether his Writ aforesaid for the reason before alleged ought to be abated c. Issue upon the Traverse And the aforesaid I. and I. say that the aforesaid T. G. the aforesaid fourteenth day of August held the Mannor aforesaid with the appurtenances in common and undivided with the aforesaid W. C. in the form wherein the same I. and I. have above alleged And of this they put themselves upon the Country And the aforesaid T. G. in like manner c. Misnomer of the Town wherein the Entrie and Trespass is supposed to be Committed pleaded in Abatement AND the aforesaid I.F.I.W. and I.P. by W.F. their Attorney come and defend the force and injury when c. And all contempt and whatsoever c. And pray Judgement of the Originall Writ of the Plaint aforesaid Because whereas the aforesaid T. L. by the same Writ supposeth that the aforesaid I.F. I.W. and I.P. into the Mannors aforesaid with the appurtenances in F. O. and other Villages as in the Writ c. were entred The same I. F. I.VV. and I. P. say that within the County of N. aforesaid there is not had nor at the time of the obtaining the aforesaid Writ was there had any Town any Hamlet or place known out of any Town and any Hamlet known or called by the name of Odnoggo And this c. Whereupon they pray Judgement of that Writ c. The Plaintif replies that there is no Misnomer and thereupon takes issue And the aforesaid I.VV. sayes that his Writ aforesaid for the Reason prealleged ought not to abate because he sayes that at the aforesaid time of the obteining of the Originall Writ of the Plaint aforesaid to wit the twelfth day of in the twenty fourth year of the Reign of our Lord the King that now is within the City aforesaid was had and as yet is had a certain Town known and
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
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
Lord John Chaplain of the Chauntery of the holy Virgin Petronill of Harvow of a Plea of taking and unjust deteyning of Cattell Pledges to prosecute and of those Cattell to be retorned if the retorn thereof should be adjudged unto I. T. and I. H. And upon this the said I. C. prayeth Iudgement of the said Plaint for that that the Chaplain of a Chauntry is not a name of Dignity and the said I. C. in that Plaint is not nominated by any Sirname whereupon he prayeth Judgement and that that Plaint may be made void and the retorn of the said Cattell adjudged unto him c. And because it appeareth unto the Justices here Retorn to be had Adjudged for insufficient Plaint before the Sheriff Plaintif in mercy Defendant without day that the said Plaint is not sufficient in Law to the said I. G. before the said Justices here to the same Plaint to be put to answer for that that the Chaplain of a Chauntery is not a name of Dignity And the said I.C. in that Plaint is not named by any Sirname It is Considered that the said I. shall take nothing by the said Plaint and be in Mercy for his false Clamour c. And the said I. C. shall goe thereupon without day and shall have retorn of the said Cattell c. Defendant avoweth the taking of the Cattell for Rent behind and for Homage and Fealty not done ANd the said I. B. in his own person cometh and defendeth the force and injury when c. and doth well avow the taking of the said Cattell in the place in which c. and justly c. because he saith that one M. N. late the Wife of I. C. late was seized of one Messuage one Plow-land twelve acres of Meadow and twelve acres of Pasture with th' appurtenances in C. in her Demesn as of Fee whereof the place in which it is supposed the said Cattell were taken is parcell and held the same of the said I. B. and of one I. P. and I. M. his wife as of his Mannor of C. by Homage and Fealty and at Escuage of the Lord the King fourty shillings when it should happen And at more more and at less less c. And by Service to doe Sute to the Court of them the said I. B. I. P. and I. M. of their said Mannor from three weeks to three weeks c. and by the Rent of 14. shillings one peny and half peny in every year at the Feasts of Easter and of St. Michael to Arch-Angel by equall Portions to be paid and also by the Rent of two shillings 6. pence yearly at the end of every fourteen weeks to be paid for the keeping of the Castle of Dover Defendant saith that he was seized of all the Services besides Homage and Fealty notwithstanding avoweth for all the Services they the said I. B. I. P. I. M. and M. the same Tenements with th' appurtenances of the said Castle by the same Rent of 2. s. 6. pence in like manner to be paid doe further hold of which said Services except Homage and Fealty the said I. B. and the said I. P. I. M. and M. were seized by the hands of the said M. as by the hands of their true Tenant And aswell for the said Rent of fourteen shillings and a peny half peny at the Feasts of Easter and of St. Michael th'Arch-Angel by ten years next before the day of the said taking remaining behind unpaid as for the 25. shillings of the said Rent of 2. shillings six pence unto them the said I. B. J. P. J. M. and M. by ten years next before the day of the said taking after the end of every fourteen weeks yearly in form aforesaid to be paid being likewise behind unpaid and also for Homage and Fealty of the said M. undone the said J. C. as in his own right and of the said J.P. J.M. and M. doth well avow the taking of the said Cattell upon the said Margery and upon their true Tenant in the said place in which c. as in parcell of the said Tenements of them in form aforesaid held and within their Fee c. And the said P. saith Plaintif saith that the place in which c. is out of the fee. that the said J.B. the taking of the said Cattel in the said place in which c. ought not to avow just because he saith that the said place in which c. is and at the said time of the said taking done was without the Fee and Lordship of the said J.B. J. P.J.M and M. and this he is ready to prove whereupon from which c. he prayeth Judgement c. And the said J. D. saith that the said place in which c. is and at the said time of the taking done was within the Fee and Lordship of him the said J. B. and of the said J.P. J.M. and M. in manner and form as the said I. B. by his said Avowment before hath supposed and not without his Fee And of this he putteth himself upon the Country and the said P. likewise c. Therefore commeth c. ss AND the said T.W. by T. S. his Attorney commeth and defendeth the force and Wrong when Defendant as to all the Beasts and Chattels besides c. he did not take and as to the residue saith that the property was in a Stranger and desireth Judgment of the Writ c. And as to all the said Cattell besides one Horse of the said Horses and all the said Chattels besides one Patel aforesaid at the said Town of P. taken saith that he did not take the said Beasts and Chattels Except before excepted in the form which the said R. before against him Complaineth And of this putteth himself upon the Country And the said R. likewise c. And as to the said Horse and Patell residue of the said Horses and Chattells the said T.VV. saith that at the time of the said taking the property of that Horse residue was unto one A. P. And the property of that Patel residue then was unto one P. T. and not to the said R. as he by his said Writ and Declaration supposeth And this he is ready to prove whereupon he prayeth Judgement of the Writ c. And for to have the Retorn c. And the said R. saith that his said Writ for the reason before alleged ought not to be made void because as to the said Horse and Patell residing Plaintif saith that the property was in himself saith that at the time of the said taking the property of the same Horse and Patell was unto the said R. in the form which he by his said Writ and Declaration hath supposed And this he prayeth that it may be enquired of c. Defendant saith as to the taking of the goods that the property was in the Stranger and justifie as his servants AND they the said R. S. I. N.Y
the same Tenements with th' appurtenances unto the said Defendant to have unto the said Defendant from the same Feast of Saint Michael to the end of the Term of four years from thence next following and fully to be Compleated By vertue of which said Demise the said John was of the said Tenements possessed And the said Plaintif claimed the said Tenements with th' appurtenances by Colour of a certain Deed of Demise unto him thereof made for Term of his life by the said Thomasine Colour before the said Demise unto the said Defendant in form aforesaid made where nothing of those Tenements with th' appurtenances in the possession of them the Plaintifs by that Deed ever passed into the said Tenements before the said time in which c. they entred upon which said possession of the Plaintifs thereupon the said Defendant into the said Tenements in which c. at the same time in which c. claiming his said Term re-entred and the said Close in the same Tenements in N. did break and the grass upon the same Tenements then growing with the said Cattell did eat up and tread down as to him it was lawfull And this c. Whereupon c. And they the said Plaintifs say Plaintif allegeth a certain Conveyance unto him by the said T. Chelyn made for and in consideration of a certain Marriage that they by any matter before alleged from his said Action against him the said Defendant had ought not to be precluded because they say because that long before the said Trespass done the said T. Chelyn was seized of the said thirty acres of Land in N. aforesaid and of the hundred and thirty acres of wood with th' appurtenances in D. and N. aforesaid called the Mannor of Sholand in his Demesn as of Fee and so thereof seized long before the said Trespass done that is to say the sixt day of July in the Third year of the Reign of the said now King at Lynsted in the said County between the said T. C. and one William Morgan the then Son and Heir apparent of the said Thomasine and A. Hett it was agreed and covenanted that the said W. Morgan should take to VVife and marry the said A. and the said A. should take to Husband the said W. Morgan and the same Thomasine for Matrimony between them to be solemnized then and there covenanted and granted unto the said W. M. and Alice that they from the day of Matrimony between them to be solemnized should have and hold unto them and their Assigns for Term of their and either of their life as long as they live the said Tenements in D. and N. aforesaid and that the same Thomasine and all and singular other persons which then were or then afterward should be seized of and in those Tenements should stand and be thereof seized immediatly after the Matrimony between the said W. M. and Alice solemnized to the use of them the said W. M. and Alice to the Term of their or either of their life so long as they live and after the death of them the said W. and A. to the use of the said T. C. and her heirs and that the same Thomasine should make or procure to be made all and singular the said Tenements to be secured unto the said W. M. and Alice according to the form of the said Concord and Agreement when she should be thereunto requested And the said Plaintifs say that after the said Concord and Agreement in form aforesaid made that is to say the twenty sixth day of the said Moneth of July in the third year aforesaid the said Alice at Hern in the said County of Kent took to Husband the said W.M. and he took to wife the said Alice that the Matrimony solemnized and celebrated between them was according to the form and effect of the said Concord and agreement by and after which said Matrimony solemnized and consummated the said Thomasine was of the said Tenements with th' appurtenances in her Demesn as of Fee seized to the use of the said W.M. and Alice for the Term of their and either of their life so long as they live and she so therof being seized the said VV. M. and A. according to the form of the said Concord and Agreement the issues and profits of the said Tenements by the Sufferance of the said Thomasine from the said 26. day of July in the third year abovesaid until the 15. day of July the said W. M. at Feversham in the said County of Kent dyed and the said Alice him survived by which the said Thomasine was of the said Tenements with th' appurtenances seized in her Demesn as of Fee to the use of the said Alice for the term of her life and she the said Thomasine so thereof to that use being seized the said Alice after the death of the said VV. M. and long before the said Trespass done into the said Tenements entred and those Tenements with th' appurtenances afterwards that is to say in the day of the Nativity of St. John the Baptist in the twelfth year aforesaid an Hern aforesaid the said Plaintifs demised To have to them and their Assigns from the same day untill the end and Term of three years from thence next following and fully to be compleat by vertue of which Demise the said Plaintifs were of the said Tenements with th' appurtenances possessed untill the said Defendant at the time of the said Trespass done the said Close did break and the said grass in that Close then growing with the said Cattell did eat up tread down and consume in manner and form as they the said Plaintifs by their said Bill before against him doe Complain All and singular which matters they the said Plaintifs are ready to prove whereupon from what the said Defendant the said Trespass in N. aforesaid before hath acknowledged pray Judgement and their said Damages by occasion of the said Trespass to be adjudged unto them c. And the said Defendant protesting that it was not consented Protestation agreedâ— and covenanted between the said Thomsine and the said W.M. and Alice that the said VV. M. should take to VVise the said A. H. protesting also that the said Thomasine for the Matrimony between the said W. M. and A. to be solemnized did not Covenant nor grant to and with the said W. M. and Alice that they from the day of Marriage to be solemnized between them they should have and hold to them and their Assigns for the Term of their and either of their life so long as they live the said Tenements nor that the same Thomasine and all and singular other persons which were or then afterwards should be seized of and in those Tenements should stand and be thereof seized after the Matrimony between them the said W. M. and A. solemnized to the use of them the said W.M. and A. for the Term of their and either of their life
so long as they live Protesting also that the said Alice did not Demise unto the said Plaintifs the said Tenements in manner and form as the said Plaintifs in their said Replication before have alleged for Plea as before saith that the said Thomasine was seized of the said Tenements with th' appurtenances in N. in her Demesn as of Fee And so seized demised the same Tenements with th' appurtenances unto the said Defendant To have to him from the Feast of St. Michael th'Archangell untill the end of the Term of four years from thence next following and fully to be Compleat By vertue of which Demise the said Defendant was of those Tenements possessed in manner and form as the said Defendant in barre before hath alleged Without this Without this that the said Thomasine at the time of the said Demise by the said Alice unto the said Plaintiffs of the said Tenements supposed to be done was seised of the said Tenements with the appurtenances to the use of the said Alice in manner and form as the said Plaintiffs before in pleading have alleged And this c. whereupon he prayeth Judgement and that the said Plaintiff from his said Action against him the said Defendant had may be precluded c. And the said Defendants say that the said Thomasine at the time of the said Demise by the said Alice unto the said Plaintiffs in form aforesaid made was seized of the said Tenements with the appurtenances to the use of the said Alice in manner and form as they the said Plaintiffs before in pleading have alleged And this they pray that it may be enquired of by the Country c. â—uff Declaration in Trespass wherfore they broke the Close against two Defendants who plead severally Parl. 32. H. 8. Rot. 111. One of the Defendants pleads that he is seised of certain Lands c. in Fee by reason of which hee ought to have Common in the place in which c. and that he put the Cattle c. for using the CoÌ„mon c. which is the same Common and so justifies ss R. B. late of Levistost in the said County Yeoman and W. H. late of L. c. were attached to answer unto Edward B. together with R. H. late of c. of a Plea wherefore with force and Arms the Close of him the said E. at G. they did break and his Grass to the value of 10. l. there late growing with certain Cattle they did eat up tread and consume And other Wrongs c. To the great Damage c. and against the Peace c. And the said R. B. and W.C. by R. B. their Attorney commeth and defendeth the force and wrong when c. And as to the comming with force and Arms c. Not guilty and as to the residue of the said Trespass before supposed to be done the said R. B. saith that the said E. no Action because he saith that the place in which the said Trespass is supposed to be done is and at the said time of that Trespass supposed to be done was a certain place called the Dens conteining in it self D. Acres of Land in G. aforesaid extending it self from the South from a certain place called G. in L. aforesaid unto a certain place called H. in G. aforesaid against the North-West and so extending from the foot of the Rock of the Cliff untill the Sea against the East and that he at the said time of the said Trespass supposed to be done and long before of 3. Messuâ—ges and 16. Acres of Land with the appurtenances in L. aforesaid was seised in his Demesn as of Fee And that he and all those whose estate he hath in the said 3. Messuages and 16. Acres of Land with the appurtenances from the time of which c. had were accustomed to have common of Pasture of and in the said places caâ—led the Dens within the said Bounds and Limits with all and all manner of his Cattle and living Creatures whatsoever at all time of the year by which the said R. B. at the said time of the said Trespass supposed to be done his said Cattle into the said Close in the said place called the D. in G. aforesaid within the said Bounds and Limits to the said Grass there then growing to feed in using his said Common by the time aforesaid did put as to him it was lawfull which things are the same breaking of the Close treading consuming and eating up of the said Grass whereof the said G. before himself doth now complain And this c. Whereupon he prayeth Judgement if an Action c. And the said W.C. saith that the said E. No Action The other Defendant saith that he likewise is seized of certain other Lands c. in Fee by reason of which he hath Common of pasture in the place in which c. and that he put in Cattle c. in using the Common c. which is the same Trespass c. and so justifies because he saith that the place in which the said Trespass supposed to be done is and at the said time of that Trespass before supposed to be done was the said place called the Dens and that he at the time of that Trespass before supposed to be done and long before was likewise seised in his Demesn as of Fee of and in two Messuages and 2. Acres of Land with the appurtenances in L. aforesaid and that he and all those whose estate he hath in the said two Messuages and two Acres of Land with the appurtenances from the time of which c. had and were accustomed to have Common of Pasture in the said place called the Dens within the said bounds and limits with all and all manner of his Cattle and living Creatures whatsoever at all time of the year by which the said W.G. at the said time of the said Trespass supposed to be done his said Cattle into the said Close in the said place called the Dens in G. aforesaid within the said bounds and limits to the said Grass there then growing to feed in using his said Common by the said time put as to him it was lawfull which matters are the same breaking of the Close treading consuming and eating up of the said Grass whereof the said E. before himself how complaineth And this c. whereupon c. And the said E. B. saith To the Plea of one of the Defendants the Plantiff saith that the Trespass done was aswell in the said place called the Dens as in another place called the East Heath and because the Defendants to the Trespass in the same place called East Heath of new assigned doe not answer prayeth Judgment c. New Assignment that he by any matter before alleged from his said Action against the said R. B. and W.C. had ought not to be precluded because he saith that the said Close and also the place in which the said Trespass whereof the said E.
acre of Land with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid And being so thereof seized before the same time of the Trespasse aforesaid made to wit the first day of June in the 33 yeare of the Reigne of our Lord the King that now is at E. aforesaid in the County aforesaid demised the same Tenements with the appurtenances to him the said Plaintiffe To have and to occupy to him the said Plaintiffe and his assignes from the feast of the Nativity of St. John Baptist then next following untill the feast of St. Michael the Arch-angel in the 35 yeare of the Reigne of our Lord the King that now is By vertue of which demise hee the said Plaintiffe of the Tenements aforesaid with the appurtenances was possessed untill the aforesaid Defendants the day and yeare aforesaid in the Declaration aforesaid above specified by force and armes c. the close and house of him the said Plaintiffe at E. aforesaid they did break against the peace of our Lord the King that now is as he above against them complaineth And this c. Wherefore for that the aforesaid Defendants the breaking of the close and house aforesaid above acknowledgeth he prayes judgement and his damages by occasion of that Trespasse to be adjudged unto him c. The Defendants maintain their plea and traverse their Dâ—mise AND the aforesaid Defendants as formerly say that the aforesaid I.R. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid as they above have alleadged Without that that the aforesaid I.R. demised the Tenements aforesaid with the appurtenances to the aforesaid Plaintiffes as the same Plaintiffe above alleadgeth And this c. Whereupon as formerly he prayes judgement and that the aforesaid Plaintiffe may be debarred from having his action aforesaid of the breach of the close and house aforesaid against them c. Issue upon the Traverse AND the aforesaid Plaintiffe as formerly sayes that the aforesaid I. R. demised to him the said Plaintiffe the same Tenements with the appurtenances as he above hath alleadged And this bee prayes may be enquired of by the Country And the aforesaid Defendants in like manner c. Iustification in Trespasse by vertue of a demise made to the Testator who bequeathed the same to his wife AND the aforesaid R.F. by R. M. their Attorney come and defend the force and injury when c. And as to the coming by force and armes and whatsoever c. not guilty c. And as to the residue of the Trespasse aforesaid above supposed to be done the aforesaid R.F. sayes that the aforesaid R.R. and I. ought not to have their action aforesaid against him c. because hee sayes that the close and house aforesaid as also the place in which the trespasse aforesaid was supposed to be done was and the aforesaid time wherein the Trespasse aforesaid was supposed to be made were one Messuage and one close of Land containing in it fifteen acres of Land with the appurtenances in S. aforesaid whereof before the said time wherein c. one I. A. Esq was seized in his demesne as of Fee And so being thereof seized before the said time wherein c. to wit such a day year and place did demise the Tenements aforesaid with the appurtenances to one R.W. of c. To have and to hold to him and his Assignes from the feast of St. Michael the Archangel then next following unto the end and terme of forty years from thence next following and fully to be compleat and ended By vertue of which Demise the same R. W. was thereof possessed And so being thereof possessed before the said time wherein c. to wit such a day year and place made his last Will and Testament And by the same willed and declared that Elizabeth his wife immediately after the decease of him the said R. W. should have and enjoy his state terme and interest which he then had to come in the Tenements aforesaid The forme of pleading where the Lease accrued to the husband under the wifes title with the appurtenances And afterwards and before the said time wherein c. the same R.VV. dyed After whose death the aforesaid E. was of the Tenements aforesaid with the appurtenances possessed and so being thereof possessed before the said time wherein c. to wit such a day year and place took to husband him the said R. F. By which he the said R. F. was of the Tenements aforesaid with the appurtenances possessed and the aforesaid Plaintiffes claiming the Tenements aforesaid with the appurtenances by colour of a certaine Deed of Demise to them thereupon made for terme of their life by the aforesaid I.A. long before the aforesaid Demise by the same I. A. to the aforesaid R. W. thereupon in forme aforesaid made where nothing of these Tenements with the appurtenances into the possession of them the said Plaintiffes by that Deed ever passed into the Tenements aforesaid with the appurtenances before the said time wherein c. did enter Upon whose the said Plaintiffes possession thereupon the same Defendant afterwards to wit the same time wherein c. into the same Tenements with the appurtenances did re-enter and the grasse aforesaid then there growing which the aforesaid Cattell did eat up tread down and consume and the ground aforesaid in the aforesaid fifteen acres of Land with his ploughes aforesaid he did break up as it was lawfull for him to do And this c. Wherefore he prayes judgement whether the action c. AND the aforesaid Plaintiffe sayes The Plaintiffe pleads that before the domâ—se c. the aforesaid Feoffee enfeoffed the Plaintiffe and others to the use of a stranger that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid Defendants because he sayes that before the aforesaid time of the Trespass aforesaid made the aforesaid I.A. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee and so being thereof seized before the said time wherein c. and before the aforesaid foure and twentieth day of September in the year c. of the same Tenements with the appurtenances enfeoffed them the said Plaintiffes and one R. E. Knight and W. L. to hold to them and their heires for ever to the use of one T. A. son and heir apparent of the aforesaid I. A. and Mary the wife of him the said T.A. and the heires of their bodies of them lawfully begotten By vertue of which said Feoffement they the said Plaintiffes and R. and W. were thereof seized in their demesne as of Fee to the same use And the said Plaintiffes and R. and W. to that use being so thereof seized the aforesaid J.A. the aforesaid foure and twentieth of September in the eighteenth year aforesaid with the appurtenances
to the aforesaid R.W. To have and to hold to him and his assignes from the aforesaid feast of St. Michael the Arch-angel from thence next following unto the end and terme aforesaid By vertue of which demise hee the said R. W. was thereof possessed and so being thereof possessed the aforesaid such a day and year and place made his last Will and Testament in writing and by the same willed and declared that the aforesaid Elizabeth his wife immediatly after his decease should have and enjoy his state terme and interest which he then had to come in the Tenements aforesaid with the appurtenances and after the same R.VV. dyed after whose death the aforesaid E. into the Tenements aforesaid entred and was thereof possessed and so being thereof possessed afterwards to wit the aforesaid tenth day of M. in such a yeare aforesaid the same E. tooke to husband the aforesaid Defendant By which the same Defendant was of the Tenements aforesaid with the appurtenances possessed as he above hath alleadged and hee being so thereof possessed the aforesaid R.E. and VV.L. before the time wherein c. at London in the Parish c. dyed after whose death the same Plaintiffes before the said time wherein c. into the Tenements aforesaid with their appurtenances did re-enter and were thereof seized in their demesne as of fee to the use aforesaid by right accruing c. And further the same Plaintiffes say that the Trespasse aforesaid whereof they now complaine was made in the Mid-time between the aforesaid Feoffement by the aforesaid I. A. to them the said Plaintiffes and the aforesaid R.E. and VV.L. of the Tenements aforesaid with the appurtenances in forme aforesaid made and the said Re-entry of them the said Defendants in the same and this c. VVhereupon for that the aforesaid Defendants the Trespasse aforesaid in the Tenements aforesaid above acknowledged they the said Plaintiffes pray judgement and their damages by occasion of that Trespasse to bee adjudged unto them c. The Defendant maintaines his Plea and tracurses the Feoffeoment AND the aforesaid Defendant sayes that before the said time wherein the Trespasse aforesaid was supposed to be made the aforesaid I. A. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee And so being thereof seized before the said time wherein c. to wit the aforesaid three and twentieth day of S. in the aforesaid such a year at S. aforesaid demised the same Tenements with the appurtenances to the aforesaid R.VV. to have and to hold to him the said R.W. and his assignes from the aforesaid feast of St. Michael the Archangel then next following unto the end and terme aforesaid By vertue of which demise he the said R.W. was thereof possessed and so being thereof possessed the aforesaid such a day year and place made his last Will and Testament and by the same willed and declared that the aforesaid Elizabeth his wife immediately after the decease of him the said R.W. should have his whole state terme and interest which he then had to come of and in the Tenements aforesaid with the appurtenances and afterwards the same R.W. at S. aforesaid dyed after whose death the aforesaid Elizabeth was of the Tenements aforesaid with the appurtenances possessed and so being thereof possessed before the said time wherein c. at S. aforesaid took to husband the same Defendant By which the same Defendant before the said time wherein c. into the Tenements aforesaid with the appurtenances did enter and was thereof possessed as hee above hath alleadged Without that that the aforesaid I. A. before the aforesaid such a day and year enfeoffed the aforesaid Plaintiffes and others of the Tenements aforesaid with the appurtenances The traverse of the Feoffement To hold to them and their heires for ever to the use of the aforesaid T.A. and M. and the heires of their bodies lawfully begotten as the aforesaid Plaintiffes above have alleadged And this c. VVhereupon he prayes judgement And that the aforesaid Plaintiffes may be debarred from having their action aforesaid against him c. AND the aforesaid Plaintiffes as formerly Issue upon the Traverse say that the aforesaid I.A. before the aforesaid foure and twentieth day of S. in the aforesaid such a yeare enfeoffed them the said Plaintiffes and the aforesaid R.E. and W. of the Tenements aforesaid with the appurtenances to hold to them and their heires to the use of the aforesaid T.A. and M. and the heires of their bodies lawfully begotten as they above have alleadged And this they pray may be enquired of by the Country And the aforesaid Defendants in like manner c. Therefore it is commanded the Sheriffe that he cause to come c. AND the aforesaid T.P. by R. F. his Attorney comes and defends the force and injury when Iustification in Trespasse for the taking of goods by pretext of gift from the Plaintiffe to the Defendants wife while she was sole c. And as to the coming by force and arms c. not guilty And as to the residue c. the same T. not acknowledging himselfe to have taken and carried away so many goods or chattels nor that the goods or chattels were of so much value as by the Writ and Declaration aforesaid is supposed saith that the aforesaid I. E. ought not to have his action aforesaid against him because he saith that the aforesaid I. before the said time wherein the Trespasse aforesaid is supposed to be made to wit such a yeare and place gave to one A. the wife of the aforesaid T. the goods and chattels aforesaid to hold to him and his assignes for ever By vertue of which said gift the same A. was thereof possessed and afterwards tooke to husband the same Defendant And that the aforesaid A. was possessed of the goods and chattels aforesaid at the time wherein the aforesaid Defendant took her to wife By which the same Defendant the goods and chattels aforesaid as his own proper goods and chattels at the time wherein the Trespasse aforesaid was supposed to bee done at R. there found tooke and carried away as it was lawfull for him to doe And this hee is ready to averre Whereupon hee intendeth not any injury in that behalfe should be assigned to his person c. The Plaintiffe said that the wife of the Defendant while she was sole give backe to him the goods AND the aforesaid Plaintiffe not acknowledging any thing by the aforesaid Defendant before alleadged to be true sayes that he by any thing pre-alleadged ought not to be debarred from having his action aforesaid against him c. because he saith that before the aforesaid time wherein c. there was certaine communication had between him the said Plaintiffe and the aforesaid A. of Matrimony between them to be contracted And thereupon the aforesaid A. him the said Plaintiffe treated with such flattering and dissembling
speeches that the same Plaintiffe beleeving that she would give her consent to such Matrimony The goods and chattels aforesaid to her the said A. the aforesaid day year and place did give And afterwards the aforesaid A. turning her heart from the aforesaid Plaintiffe on the aforesaid Defendant to have him for her husband after the gift aforesaid the aforesaid A. coming to the Village of R. aforesaid such a day and yeare the goods and chattels aforesaid to him the said Plaintiffe then and there gave backe againe what time the aforesaid A. was sole By pretext whereof the same Plaintiffe was thereof possessed until the aforesaid Defendant by force and armes the goods and chattels aforesaid at R. found took and carried away against the peace of our Lord the King that now is and the same Plaintiffe above against him complaineth And this c. Whereupon for that the aforesaid Defendant above acknowledgeth the Trespasse aforesaid he prayes judgement and his damages by occasion of that Trespasse to bee adjudged unto him c. Issue upon the giving back of the goods AND the aforesaid Defendant not acknowledging any thing by the aforesaid Plaintiffe before alleadged to be true sayes that the aforesaid A. after the Gift aforesaid to her by the aforesaid Plaintiffe of the goods and chattels made did not give backe againe the aforesaid goods and chattels to him the aforesaid Plaintiffe as the same Plaintiffe above hath alleadged And of this hee puts himselfe upon the Country c. And the aforesaid Plaintiffe in like manner c. The Defendant justifies for that the goods were pawned to the Plaintiffe and be pawned them to another who delivered them to the Defendant to be safely kept and to whom the Defendant afterwards the same re-delivered AND the aforesaid W.B. by I.C. his Attorney comes and defends the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the taking and carrying away of one bolle of Gold and one bolle of Silver and gilt and one cup of Gold sayes that in nothing thereof guilty c. And as to the taking and carrying away of the aforesaid one bolle of Gold one bolle of Silver and gilt and one cup of Gold the same Defendant not acknowledging these goods and chattels to have been of such value as by the Declaration aforesaid is supposed sayes that the aforesaid W.C. ought not to have his action c. because he saith that one R.C. was Proprietor of these goods and in the possession of them long before the aforesaid Plaintiffes had any thing in them And so being Proprietor and possessed such a day yeare and place pawned to the aforesaid Plaintiffe those goods and chattels for forty Marks of him the said Plaintiffe by him the said R.C. of loan received under such a condition that if the aforesaid R. C. should pay to the said plaintiffe the aforesaid forty Marks before the feast of the Birth of our Lord then next following Then he the said Plaintiffe should re-deliver to the aforesaid W. those goods and chattels otherwise he should keep them safe until he should be fully satisfied and paid the aforesaid forty Marks By vertue of which said pawnings the said Plaintiffe was possessed of these goods and chattels under the condition aforesaid And so being thereof possessed the same goods and chattels further pawned to one W. G. for other forty Marks of him the said W. by him the said Plaintiffe of loan received under such condition that the aforesaid W.G. those goods and chattels to them the aforesaid R.C.W.C. who should pay and deliver those forty Marks to him the said W.G. should re-deliver and sayes that these forty Marks to the aforesaid W.G. at the time when the Trespasse aforesaid was supposed to be made were not paid and fearing and supposing the same goods and chattels could not be kept secure in the house of him the said VV. G the same goods and chattels before the aforesaid feast of the Birth of our Lord at C. aforesaid delivered to him the said Defendant to be safely kept And to him the said VV. G when he should bee thereunto required to bee re-delivered and sayes that he contemned the keeping of those goods knowing them to be his by wicked profit and being unwilling for that cause to keep them any longer the same goods and chattels at the time when the Trespasse aforesaid was above supposed to bee made from a certaine chest where in his house at C. aforesaid they lay hee took and to the house of the aforesaid VV. G. in the same Village he carried and the same to him the said VV. G then and there delivered which said taking and carrying of the goods and chattels aforesaid by the cause aforesaid are the same taking and carrying away of the aforesaid goods and chattels of which the aforesaid Plaintiffe above now complaineth And this c. VVhereupon he prayes judgement whether the Plaintiffe ought to have or maintaine his action aforesaid against him c. The Plaintiffe pleads that I.C. pawned the goods unto him and payed not the summe for which they were pawned and traverses that she pawned them in mannor and forme c. AND the aforesaid Plaintiffe not acknowledging any thing by the aforesaid Defendant before alleadged to be true sayes that hee by any thing afore alleadged ought not to bee debarred from having his action aforesaid against him for the aforesaid taking and carrying away the aforesaid goods and chattels which the aforesaid Defendant above acknowledgeth because he saith that the aforesaid R.G. the aforesaid such a day and yeare at C. aforesaid pawned to him the said Plaintiffe these goods and chattels for forty Marks of him the said Plaintiffe by him the said R. of loan received under such condition that if the same R. should pay to him the said Plaintiffe these forty Markes before the feast of the birth of our Lord then next following then the same goods and chattels to him the said R. should be delivered otherwise to the same Plaintiffe they should remaine as his proper goods and chattels to him by the aforesaid R. sold for the aforesaid forty Marks and sayes that the aforesaid R. paid not to him the said Plaintiffe the aforesaid forty Marks before the aforesaid feast of the birth of our Lord By which the same goods and chattels the taking and carrying away whereof the aforesaid Defendant above acknowledgeth to him the said Plaintiffe as his proper goods and chattels did remaine And the aforesaid Defendant the aforesaid time wherein the Trespasse aforesaid was supposed to be done by force and armes of his proper injury the same goods and chattels at C. found took and carried away as the same Plaintiffe above against him complaineth Traverse Without that that the same Plaintiffe pawned to the aforesaid W.G. these goods and chattels for forty Marks as the aforesaid Defendant above alleadgeth And
this c. Whereupon for that the aforesaid Defendant above acknowledgeth the taking and carrying away of the goods and chattels aforesaid he prayes judgement and damages by occasion of the Trespasse aforesaid to be adjudged unto him c. Issue upon the Traverse AND the aforesaid Defendant sayes that the aforesaid Plaintiffe pawned to the aforesaid W. G. the aforesaid goods and chattels the taking and carrying away whereof the same Defendant above acknowledgeth for forty Marks as the same Defendant hath above alleadged And of this he puts himselfe upon the Country And the aforesaid Plaintiffe in like manner c. Justification in Trespasse for killing Hogs and Sheep as the servant of the Plaintiffe being a Butcher AND the aforesaid T. by W.T. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes and whatsoever is against the peace c. besides the killing of the Hogs and Sheep aforesaid sayes that he is not guilty And as to the residue of the Trespasse aforesaid above supposed to bee done the same Defendant sayes that the aforesaid Plaintiffe ought not to have his action aforesaid against him because he saith that hee all the time of that Trespasse supposed to be made and long before was servant of the aforesaid Plaintiffe to serve him in the service of a Butcher And that the same Plaintiffe before the time of the Trespasse aforesaid supposed to be made at B. aforesaid commanded him the said Defendant then his servant in form aforesaid the Hogs and Sheep aforesaid the said time wherin c. as best conduced with his and of a Butcher to kill and the flesh thereof to put to sale By which the same Defendant the Hogs and Sheep aforesaid the aforesaid time wherein c. as best conduced to his art of a Butcher he did kill as it was lawfull for him to doe And this c. Whereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against him c. AND the aforesaid Plaintiffe sayes that he by any thing by the aforesaid Defendant before alleadged ought not to be debarred from having his action aforesaid against him because hee saith the aforesaid Defendant maliciously of his proper injury the Hogs and Sheep aforesaid the said time wherein c. he killed Without that Traverse that the same Plaintiffe commanded him the said Defendant to kill the Hogs and Sheep aforesaid in the forme wherein the same Defendant above by pleadings hath alleadged And this c. Whereupon for that the aforesaid Defendant above acknowledgeth the Trespasse aforesaid he prayeth judgement and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid Defendant sayes Issue upon the Traverse that the aforesaid Plaintiffe commanded him the said Defendant to kill the Hogs and Sheep aforesaid in the form wherein he the said Defendant above by pleading hath alleadged And of this hee puts himselfe upon the Country And the aforesaid Plaintiffe in like manner c. Therefore as well c. AND the aforesaid W. by I. R. his Attorney comes and defends the force and injury when c. Iustification in a Trespasse for a horse or foot way leading from one Village to another And as to the coming by force and armes and whatsoever c. and the whole Trespasse aforesaid besides the breaking of the Parke aforesaid â— yes that he is in nothing thereof guilty c. And as to the breaking of the Parke aforesaid the same Defendant sayes that the aforesaid Plaintiffe ought not to have his action aforesaid against him because he saith that within the Parke aforesaid there hath been had and time out of minde there was had a certain common high-way leading from the Village of A. unto the said Village of B. in the same County by the middle of the Park aforesaid for all men from the same Village of A. unto the same Village of B. by the same way for the same whole time willing to ride or walke by pretext whereof the same Defendant the said time wherein c. by the same common way within the Parke aforesaid did ride from the same Village of A. unto the aforesaid Village of B. which said riding within the Parke aforesaid is the same breaking of the Park aforesaid whereof the aforesaid Plaintiffe above now complaineth And this c. VVhereupon c. The Plaintiffe replyes that hee did it of his proper injury AND the aforesaid Plaintiffe sayes that he by any thing before prealledged ought not to be debarred from having his action aforesaid against the aforesaid Defendant for the breach of the Park aforesaid because he saith that the aforesaid Defendant the aforesaid time wherein c. by force and arms of his own proper injury broke the Park aforesaid Traverse the prescription VVithout that that there is had or time out of minde there was had such a common high-way leading by the middle of the Parke aforesaid as the aforesaid Defendant above by pleading hath alleadged And this c. VVhereupon for this c. he prayes judgement and his damages c. to be adjudged unto him c. Issue upon the Traverse AND the aforesaid Defendant sayes that there is had and from the time out of minde there hath been had such a common high-way leading by the middle of the Parke aforesaid as hee the same Defendant above by pleading hath alleadged And of this he puts himselfe upon the Country and the aforesaid Plaintiffe in like manner Therefore the Jury thereupon is to come c. Iustification in Trespasse by license AND the aforesaid I. by I.R. his Attorney comes and defends the force and injury when c. And as to the coming by force and armes or any thing c. as also the whole Trespasse besides the breaking of the house aforesaid sayes that he is not guilty c. And as to the Trespasse aforesaid of breaking the house aforesaid above supposed to be done the same Defendant sayes that the aforesaid Plaintiffe ought not to have his action aforesaid thereupon against him because he saith that the same Plaintiffe long before the same time wherein c. at Westminster in the County of Middlesex licensed him the said I. to enter into the house aforesaid By which the same Plaintiffe long before the said time wherein c. at Westminster in the County aforesaid finding the doors of the house open he peaceably entred that house as it was lawfull for him to doe which is the same breaking of the same house whereof the aforesaid Plaintiffe above against him complaineth And this he is ready to aver VVhereupon hee demands judgement whether the aforesaid Plaintiffe ought to have his action against him c. The Plaintiffe replies that hee did it of his proper injury â—â—ll traverses the License AND the aforesaid Plaintiffe sayes that he by any
thing pre-alledged ought not to bee debarred from having his action aforesaid of the breach of the house aforesaid against the aforesaid Defendant because he saith that the same Defendant of his owne proper injury the said time wherein c. by force and armes aforesaid the house aforesaid he did in manner and form as the same Plaintiffe above against him complaineth Without that that the same Plaintiffe licensed the aforesaid Defendant to enter the house aforesaid Traverse as the same Defendant above by pleading hath alledged And this c. Whereupon for that the same Defendant the Trespasse aforesaid above acknowledgeth he prayeth judgement and his Damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid Defendant as formerly saith Issue upon the Traverse that the aforesaid Plaintiffe licensed him the said Defendant to enter into the house aforesaid in the forme wherein he the Defendant above by pleading hath alleadged And of this he puts himselfe upon the Country And the aforesaid Plaintiffe in like manner c. Therefore the Jury is to come between them c. AND the aforesaid R.P. and I.R. by L.S. their Attorney come and defend the force and injury when c. Iustification for that the Plaintiffe was suspected for a Felâ—â— And as to the coming by force and armes and whatsoever which is against the peace of our Lord the King that now is as also the Trespasse aforesaid of woundings supposed to be made sayes that he is in nothing thereof guilty And as to the residue of the Trespasse aforesaid above supposed to be done the same R. and I. say that the aforesaid W. ought not to have his action aforesaid against them because they say that long before the said time wherein the trespasse aforesaid was supposed to be made to wit the tenth day of January in the eighth yeare of the reigne of our Lord the King that now is one I.S. at Norwich aforesaid in his house there was feloniously spoiled and robbed of two silver Spoons to the value of 10 s. And that the aforesaid W. divers daies and times before the felony aforesaid made frequented the house of him the said I.S. aforesaid suspiciously without any reasonable cause there to be had And that the aforesaid W. R. the said time of the felony aforesaid done was in the house of the aforesaid I.S. by which the same R. and I.R. had suspicion the aforesaid W.R. to have committed the felony aforesaid And that the aforesaid R. and I.R. the same time wherein c. being then Sheriffes of the City aforesaid softly laid their hands upon him the said W.R. the same time wherein c. And the same W. R. for suspicion of the Felony aforesaid the same time wherein c. they tooke and him the said W. to the Goale of our Lord the King within the City aforesaid there to be safely kept for the same Felony the said time wherein c. they lead and imprisoned as it was lawfull for them to doe which said softly laying on of their hands of them the said R. and I.R. upon the aforesaid W.R. and the taking of him the said W. R. and the leading and imprisoning of him out of the cause aforesaid are the same assault beating and imprisonment whereof the aforesaid W.R. above complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid W.R. ought to have his action aforesaid against them c. AND the aforesaid Plaintiffe sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid against them because he saith that the aforesaid R. and I. R the day and yeare aforesaid of his own proper injury by force and armes without any such cause by them the said R. and I.R. above by pleading alleadged on him the said W.R. at Norwich aforesaid they made an assault and him did beate wound imprison and evill intreate in the manner and forme as the aforesaid W.R. above against them complaineth And this he prayeth may be enquired of by the Country c. Iustification upon imprisonment and assault by vertue of a Warrant of the Peace Mich. 8. Hen. 8. Rolle 77. Staff ss AND the aforesaid H.W. by W.F. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes or whatsoever is against the peace c. not guilty and as to the residue of the Trespasse aforesaid above supposed to be done the same H. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that long before the said time wherein the trespasse aforesaid was supposed to be done on I.W. at Stafford in the County aforesaid came before R W. then one of the Justices of the Peace of our Lord the King assigned in the County aforesaid to be kept and there tooke his corporall oath that he grievously and manifestly went in danger of his life and maiming of his members by the aforesaid R.C. By which he the same I.W. long before the said time wherein c. at Stafford aforesaid at the Petition of the aforesaid I.W. directed a certaine precept of our Lord the King to the aforesaid H. W. then being Bailiffe of R. and to the Constable of R. aforesaid and to either of them joyntly and divided commanding them by that precept that they cause to come the aforesaid R. C. before the aforesaid R. W. or one of his Companions Justices of the peace of our Lord the King in the County aforesaid to find sufficient security of the peace of our Lord the King towards the Lord the King and all his people and cheifly against the aforesaid H.W. to be given And if the same R.C. should refuse to doe this then the same H. and the aforesaid Constable the same R.C. unto the next Goale of our Lord the King in the County aforesaid should cause to bee led or one of them should cause to be led there to stay untill he would freely doe this By reason of which precept the aforesaid H.W. before the said time wherein c. did repair to the aforesaid R.C. at R. aforesaid and shewed to the aforesaid R.C. there the precept aforesaid then and there further requiring the same R. to find before the said R. W. or one of his companions Justices of the peace of our Lord the King in the County aforesaid then being to find security for bearing the peace of our Lord the King in form aforesaid and the same R. this to do then at R. aforesaid upon which the same A.W. him the said R. then and there the said time wherein c. arrested and him in bringing towards the prison of our Lord the King at the Castle of Stafford in the County aforesaid imprisoned by the time aforesaid and his hands upon him the said R. in that arresting and leading did softly lay as it was lawful for him
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
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
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
called by the name of Ognoggo as by the VVrit aforesaid is supposed And this he prayes may be Enquired of by the Countrey And the aforesaid Defendants in like manner c. Therefore Command is given unto the Sheriff of N. that he cause to come before our Lord the King such a day wheresoever c. twenty four aswell Knights c. of the body of the County of N. by whom c. And who neither c. Misnomer of the Addition pleaded in Abatement ANd the foresaid VV. P. in his proper person comes and defends the force and injury when c. And all contenpt and whatsoever c. And sayes that be at the time of the obtaining of the Originall VVrit of the Plaint aforesaid was of the Societie of Clements Inne in the Parish of St. Clements Danes without the Barres a Member of the middle Temple London which said Societie is and at the time of the obtaining of the same VVrit and long before was a certain Societie of Men Expert in the Temporall Lawes Traverse and practising the same as also of Counsellours of the same Law VVithout that that the same VV. at the time of the obtaining the same Writ was VV.P. of London Mercer or by that name known or called as by the same Writ is supposed and this c. VVhereupon he prayes Judgement of that VVrit c. And the aforesaid I. sayes that his VVrit aforesaid Issue upon the Traverse for the reason aforesaid ought not to abate because he saith that the aforesaid VV. at the time of the obtaining the same VVrit to wit the sixteenth day of June in the eighteenth year of our Lord the King was W. P. of London Mercer and by that name known and called as by the same Writ is supposed And this he prayes may be inquired of by the Countrey And the aforesaid W. in like manner c. ss WIlliam Pole of London Smith Misnomer in the Surname pleaded in Abatement was Attached to answer I. W. of a Plea of Trespass And the same person which by the name of W. P. of London Smith by the Sheriffs of London is taken and by the same Sheriffs brought to the Bar in his proper person comes and sayes that he at the time of the obtaining of the Originall Writ of the Plaint aforesaid and alwayes afterwards was known and called by the name of William Cuason of London Smith Without that that he at the obtaining of the same Writ Traverse or ever afterwards was known or called by the name of W. P. of London Smith as by the same Writ is supposed And this c. whereupon he prayes Judgement of that Writ c. AND the aforesaid I. C. sayes The Plaintif replies that he is known and called aswell by the one as by the other that his Writ aforesaid for the reason c. ought not to abate because he saith that at the time of the obtaining of the same Writ that is to say such a day and year the same W. was indifferently known and called aswell by the name of VV. P. of L. S. as by the name of VV. C. of L. S. And this c. VVhereupon he prayes Judgement whether his VVrit aforesaid ought to abate c. AND the aforesaid VV. sayes Issue upon the Misnomer that he as the time of the obtaining of the aforesaid VVrit and ever afterwards was known and called by the name of VV. Cursen of London Smith as he above hath alleged without that the same VV. at the same time or ever afterwards was indifferently known and called aswell by the name of VV. P. of L. Smith as by the name of VV. C. of London Smith And of this he puts himself upon the Country and the aforesaid Plaintif in like manner c. Therefore the Jury is to come out of the body of the County c. Note It is to be known if the party come freely out of Prison then the Entrie ought to be thus And thereupon he bring his Sute c. And VV. C. of London Smith in his proper person comes and sayes that he is the same person against whom by the name of W. P. of L. Smith the aforesaid I. brought his Originall VVrit aforesaid And defends the force and injury when c. and sayes that he c. as before c. And the aforesaid I.C. sayes that it is well and true that the same person which now appears by the name of VV.C. of London Smith is the same person against whom the same I.C. by the name of W. P. of London Smith brought his VVrit aforesaid And sayes further that his same VVrit for the reason prealleged ought not to abate because he sayes as before c. Note Note where the partie comes in by Cepi Corpus there the Entrie must be made as before in the other Plea aforesaid c. ACTIONS OF APPEAL APPEAL ss IOan Govor of c. John Govor of Appeal of Robbery against the Principals and Abettors Trin. 24. Hen. 6. Roll. the 25. c. Richard Hopkins of c. Thomas Ireland of c. and William Quick of c. were attached by their bodies c. to answer Thomas Berd together with William Podie of c. and others of a Robbery and breach of the Peace of our Lord the King that now is whereof they are Appealed And there are Pledges c. to will c. And whereupon the same Thomas Berd in his proper person instantly Appeales the aforesaid Joan and others for that where as the aforesaid Thomas Berd was in the peace of God and of our Lord the King that now is at Huish neer Highbrig on Wednesday next after the Feast of the Invention of the holy Cross in the 24. year of the Reign of our Lord the King that now is about the hour of ten before noon of the same day where came aswell the aforesaid Joan and others who now appear as the aforesaid William Podie Some of the Defendants appear and others do not appear c. who now appear not whom the aforesaid Thomas Berd of the Robbery aforesaid might appeal if they were present to be Felon and Felons of our Lord the King that now is lying in wait and premeditating the assault against the peace of our Lord the King that now is his Crown and dignities the day year hour place and County of Somerset aforesaid And the aforesaid Thomas Ireland and others the aforesaid Thomas Berd of forty Sheep eight pair of Sheets and other Goods c. of the Goods and Chattels of the aforesaid Thomas Berd then and there found feloniously did rob take and carry away And the aforesaid Joan and others then and there were present comforting and helping the aforesaid Thomas Ireland and others to make the aforesaid felony in form aforesaid And so soon as they the said Felons the Felonie and Robbery aforesaid in form aforesaid had
peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours in the same County of S. on Monday next after such a Feast such a year at Winchester in the aforesaid County of S. to be Indicted and her upon that occasion such a day year and place to be taken and in the Prison of our Lord the King of his Gaol of Winchester Untill the same T. in the Court of our Lord the King before the beloved and faithfull of our said Lord the King T.VV. and R. R. Justices of the Assizes of our said Lord the King assigned to be taken in the County of S. by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius on Monday next after such a Feast such a year at Winchester taken according to the Law and custom of the Realm of our Lord the King of England thereupon he was there acquitted to be deteined falsly and maliciously they procured to the great damage of them the said T. M. and T. and against the form of the Ordinance in that case provided c. Whereupon they say that they are worsted and have damage to the value of 100. l. And thereupon they bring their sute c. One of the Defendants pleads not guilty and the other that at the time of the originall issuings c. he was inhabiting at Thrukleston and not at Truckleston and so not the same person And the aforesaid N. L. I. H. and I.VV. lately of I. c. by A.G. their Attorney come and defend the force and injury when c. And the aforesaid I. VV. and I. H. lately of I. say that they are in nothing guilty c. And upon this they puts themselves upon the Country c. And the aforesaid T. M. and D. in like manner c. And the aforesaid N. L. sayes that he the day of the issuing forth of the originall Writ of the aforesaid T. M. and T. was dwelling and conversant at Thruckleston in the County of S. without that that the same N. ever was dwelling oâ— conversant at Traxston as by the aforesaid Writ it is supposed and this he is ready to aver whereupon he prayes judgement of the Writ c. And the aforesaid T. M. and T. say that they by any thing by the aforesaid N. L. prealleged their Writ aforesaid ought not to be quashed because as to the Plea of the aforesaid N. L. in quashing of the Writ aforesaid above pleaded The same T.M. and T. say that the aforesaid Village of T. the said day of the obteining the originall Writ of them the said T. M. and T. to Wit the 6. day of January in the 9. year of the Reign of the King that now iâ— was known and called aswell by the name of the Viâ—lage of Truxston as by the Writ aforesaid is supposed as by the name of the Village of Truckleston and this they pray may be enquired of by the Country and the aforesaid N. in like manner Therefore the Jury thereupon is to come before our Lord the King from the day of St. Michael in fifteen dayes wheresoever of the Visonage of T. by whom c. And who neither c. to Recognize c. Because aswell c. The same day is given to the parties aforesaid now appearing c. ANd the aforesaid I. P. and W. by R. R. their Attorney come and defend the force and injury when Justification in Conspiracy for that the Defendant was one of the Jury with other Jurors before the Justices of the Peace at the Sessions c. And all Conspiracie and whatsoever c. And the aforesaid I. sayes that he is not guilty c. And of this he puts himself upon the Country and the aforesaid W. by Protestation acknowledging not any such Conspiracie as is above supposed But that the aforesaid R. ought not to have his action aforesaid against him because he sayes that at the time wherein the aforesaid R. supposeth himself in form aforesaid to be Indicted he then together with other Iurors by the Sheriff of the County aforesaid was impanelled and summoned to appear before the aforesaid late Iustices of the Peace at Norwich to doe there before the same Iustices of the Peace that which by the same Iustices on the behalf of our Lord the King should be enjoyned them by reason whereof he with other Iurors then and there before the same Iustices of the peace appeared and by the same Iustices of the Peace upon the book were sworn and changed by their oath to enquire for the King of all Felonies Trespasses and other articles in the Commission of our said late Lord the King Father of our Lord the King that now is to the aforesaid Iustices of the Peace directed conteined within the County aforesaid done or committed and he together with other Iurors before the aforesaid late Iustices of the Peace upon the book then sworn and charged him the said R. according to their conscience by form of Law of the Felonie in the Writ and Declaration above specified did Indict Which all and singular he is ready to aver Whereupon he expects not that the aforesaid R. ought not his action aforesaid for any Conspiracie in that Case to maintain against him c. And prayed judgement c. And the aforesaid R. sayes that he from his action of Conspiracie aforesaid against the aforesaid W. by any thing by him the said W. prealleged ought not to be debarred Because he saith that he the day and year c. in the Declaration above specified together with the aforesaid I. Conspired to Indict him the said R. of the Felony aforesaid Traverse in the form wherein he above by his Writ and Declaration supposeth Without that that there is had any such Record in which it is contained that he before the aforesaid Justices of the Peace together with other Jurors was sworn on him the said R. of the Felony aforesaid in form aforesaid as he above by pleading hath alleged and this he is ready to aver and for that he gain saith it not c. he prays judgment c. And the aforesaid W. by Rejoinder saith that there is had such a Record in which is contained that he before such and such late Justices of the Peace together with other Jurors was sworn and that they the aforesaid R. of the Felonies aforesaid in form aforesaid Indicted as he above by pleading hath alleged and this he avows in the Records in the Rolls of them the said late Iustices of the Peace under the custodie of the Iustices of the Peace of our Lord the King that now is in the County aforesaid reserved c. And the aforesaid R. in like manner c. Therefore as to that above of the issue pleaded above to be tryed Command is given to the Sheriff that he cause to come before our Lord the King in eight
that he had him now here ready upon which the same Defendant is Committed to the Prison c. by occasion of the Premisses to stay untill c. Commitment after Iudgement AFterwards to wit such a day then next following before c. Came the aforesaid I. in his proper person and rendred himself to the person of the Marshall of the Marshallsee of our Lord the King for the debt and damages aforesaid Upon which the same I. is committed to the Marshall of the Marshalsee c. in Execution for the debt and damages aforesaid There to remain untill c. ACTIONS OF ERROR ERROR AFterwards to wit such a day c. Error alleged in assault and batterie in the judgement that the Entrie was that the partie be taken when the cause of action was before a general Pardon in this self-same Term before our Lady the Queen at Westminster came the aforesaid Nicholas Stoddard by William Man his Attorney And sayes that in the Record and Processe aforesaid as also in the rendring of the judgement aforesaid it is manifestly Erroneous in this That whereas in every judgement Entred or to be Entred in Trespass and Assault after the generall pardon of our Lady the Queen that now is by Act of Parliament of Trespass and assault made before the same act of Parliament the judgements so Entred and to be Entred ought to be Entred And nothing of fine of the aforesaid Defendant because he is pardoned and not that he should be taken yet after the generall Pardon of our Lady the Queen that now is had and Enacted in the Parliament of our Lady the Queen that now is at Westminster in the County of Middlesex the twenty fifth day of October in the thirty ninth year of the Reign of our Lady the Queen that now is the Judgement aforesaid was Entred against the aforesaid Nicholas in the Plea aforesaid that he the said Nicholas should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid in the Record aforesaid specified which was long before the aforesaid act of Parliament of the generall Pardon aforesaid And so that Judgement is void in Law Also it is Erronious in this for that whereas the aforesaid John S. the aforesaid Term of Easter Error also for want of admission by Procâ—â—in amy the partie being within age in the aforesaid forty first year of the Reign of the Queen had prosecuted by John Mallows and William Evoring as the next kinsmen of him the said John yet there is not had any Record of the admission of the aforesaid I. S. being an Infant in form aforesaid to prosecute the Plea aforesaid by his next kinsmen aforesaid under the names of any of the Prothonotaries of the Common Bench Entred as by the Law and Custom of the Court of our Lady the Queen of Common Bench aforesaid it ought to be Entred And prayes a Writ of our Lady the Queen to the aforesaid Edmond Anderson Knight Chief Justice of our Lady the Queen of the Common to whom it belongs to make Certificates in that behalf to certifie our Lady the Queen thereupon more fully the truth And it is granted unto him c. By which it is Commanded the aforesaid E. Anderson Chief Justice of the Bench aforesaid That having searched the Rolls Certiorare to the Chief Justice awarded to certifie c. under the names in the Offices of the Prothonotaries aforesaid of the admission of Infants to prosecute by their next kinsmen of the Term and year aforesaid And what of the admission aforesaid in the same he shall find he should certifie forthwith to our Lady the Queen wheresoever c. together with the Writ to him directed The Certificate of the Chief Justice c. Which said Chief Iustice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon directed certified to her the said Lady the Queen that having searched the Rolls of the Entries of every of the Prothonotaries aforesaid in the aforesaid County of Suffolk of the Term and year aforesaid in his Custody of Record remaining he found not in the same any Entrie of the admission of the aforesaid I. S. to prosecute by I. M. and W. E. the next kinsmen of him the said I. being within age against the aforesaid N. S. of the aforesaid Plea as by the aforesaid Writ it was Commanded unto him which said Writ is Filed amongst the Records without day of this Term Upon which the aforesaid N. S. prayes a Writ of our Lady the Queen to warn the aforesaid I. S. of being before our Lady the Queen to hear the Record and Processe aforesaid And it is granted unto him c. By which it is Commanded to the Sheriff that by honest men c. he make known to the aforesaid I. S. that he be before our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. to hear the Record and Processe aforesaid if c. And further c. The same day is given to the aforesaid N. S. c. Denâ—rrer in Law to the first matter of the Errors And the aforesaid I. S. by T. Bland his Attorney comes and as to the aforesaid first matter by the aforesaid Nicholas above for Error in form aforesaid assigned For that that after the Generall Pardon of our said Lady the Queen that now is had and enacted in the aforesaid Parliament of our Lady the Queen that now is at Westminster aforesaid the aforesaid twenty fifth day of October in the thirty ninth year of her Reign aforesaid the judgement aforesaid was entred against the aforesaid N. in the Plea aforesaid that he the same N. should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid which was long before the aforesaid Act of Parliament of Generall pardon aforesaid The same I. by Protestation that that matter for that Error in form aforesaid assigned is insufficient in the Law to maintain the aforesaid Writ of Error of him the said N. in that behalfe To the which he the said I. hath no necessitie nor by the Law of the Land is bound in any manner to rejoyn for Plea yet he saith that in the aforesaid Court of Bench aforesaid there is had The Custom of the Common Bench alleged for the manner of Entring judgment in the Case and time out of mind there hath been had such a Custom used and approved That is to say that the Clerks of the same Court who for the time being are assigned and allowed to enter and Record any Iudgements in the same Court from time to time rendred and to be rendred were used and accustomed in the Entries of the Rolls and Records of the same Court of the Judgements rendred in the same Court upon any action of Trespass against the Defendant
Lady Elizabeth are Queen of England at Westminster the 23. day of November in the 27. year of her Reign held and published from the aforesaid Court of our Lord the King that now is here before him the said King were transmitted And the aforesaid T. S. E. and T. Fen in the same Court of the Exchequer Chamber aforesaid have assigned divers matters for Errors in the Record and Process aforesaid for revoking and annihilating of the judgement aforesaid to which the same E. and R. in the same Court appearing pleaded that neither in the Record nor Process aforesaid nor in the rendring the judgment aforesaid there was in any thing Error Afterwards to wit on Saturday the 9. day of Pebruary in the aforesaid second year of our said Lord the King in the same Court of Exchequer Chamber aforesaid the premises being seen and by the Court of our Lord the King here diligently examined and fully understood Aswell the Record and Process aforesaid and the judgement aforesaid upon the same rendred as the aforesaid causes of Errors aforesaid by the aforesaid T. S. E. and T. F. above alleged and assigned For that that it seems to the Court here that the Record aforesaid is in nothing vitious and defective And that the Record aforesaid was in nothing Erronious Therefore it was considered if that the judgement aforesaid in all things be affirmed and continue in all his force strength and effect notwithstanding in any thing the said causes of Error above assigned and alleged And further it was considered of in the Exchequer Chamber aforesaid that the aforesaid E. R. should recover against the aforesaid T. S. E. and T. F. 100. s. to them the said E. and R. of their assent by the Exchequer Chamber aforesaid adjudged according to the form of the Statute thereupon published and provided for the damages costs and charges which they had by delay of the Execution of the judgement aforesaid by reason of the prosecution of the aforesaid Writ of Error And thereupon the Record and Process before the aforesaid Justices of the common Bench and Barons of the Exchequer aforesaid in the premises had They the same Justices of the Common Bench and Barons of the Exchequer aforesaid before our said Lord the King wheresoever c. they remit according to the form of the Statute aforesaid which to the said Court of our Lord the King now reciding c. ACTIONS OF ESCAPE ESCAPE R L. Executrix of the testament Escape against a Sheriff upon an Arrest upon a Bill of Middlesex c. complains of S. S. and H. C. lately Sheriffs of the County of Middlesex in the Custodie of the Marshall c. For that that is to say whereas one G. S. of c. such a day and year at London in the Parish c. by his certain writing obligatory with the Seal of him the said G. sealed and in due manner made bearing date the same day and year acknowledged himself to be bound and firmly obliged to the aforesaid I. in his life time in 20. s. of lawfull mony of England to be payd to him the said I. when he should be thereunto required with a condition thereupon indorsed for true payment of 12. s. of like mony c. upon the day of the Feast of the Ascension of our Lord then next following which said 12. s. the aforesaid G. to the aforesaid I. in his life time or to the aforesaid R. after his the said I. his death he hath not paye but the aforesaid G. forfeited the aforesaid 20. s. to the aforesaid I. in the writing obligatory conteined For the more speedy recovery of which said sum of 20. â— the aforesaid R. after the death of the aforesaid I. her Husband to wit in the Term of Easter in the 27. year of the Reign of our Lady the Queen that now is before her the said Lady the Queen at Westminster had come and obteined out of the same Court of the Lady the Queen before her the said Queen a certain precept of her the said Lady the Queen directed to the then Sheriffs of the aforesaid County of Middlesex By which it was commanded to them the said then Sheriffs that they should take the aforesaid G. if c. And safely c. So that they might have his body before our Lady the Queen at Westminster on Friday next after the morrow of the holy Trinity then next following to answer the aforesaid R. of a Plea of Trespass And that they should have there then that Precept to that intent that the same R. as executrix of the testament of the aforesaid l. in the same Court of our Lady the Queen here might declare and prosecute her Bill against the aforesaid G. for the debt aforesaid by the aforesaid writing obligatory done which said Precept the aforesaid R. afterwards to wit such a day and year and place delivered the aforesaid Sheriffs in form of Law to be executed by force of which said precept the aforesaid S. S. and H. B. then Sheriffs of the aforesaid County of Middlesex afterwards and before the return of the same to wit such a day and year at I. in the aforesaid County of Middlesex took and arrested the aforesaid G. And him the said G. under their safe custodie then and there had and deteyned And he the said G. being so in custody of them the said late Sheriffs They the said late Sheriffs afterwards to wit the aforesaid such a day and year led the aforesaid G. unto the City of London And him there so negligently kept that the same G. afterwards to wit the same such a day and year at London in the Parish and Ward aforesaid from the custody of them the said late Sheriffs did goe away and Escape And they the said late Sheriffs him the said G. to go at large whithersoever he would they did permit the aforesaid R. of the aforesaid 20. s. then and as yet being in no wise satisfied And the said G. being so gone away Escaped and permitted to goe at large from the custody of them the aforesaid late Sheriffs as aforesaid the same G. kept himself so secretly and privately that she the said R. could not procure any Writs or precepts to be served upon the aforesaid G. for the recovery of her debt aforesaid By which the same R. sayes that she hath not only Expended lost and let goe divers great Expences and Charges in and about the aforesaid Arrest of the aforesaid G. but also remains totally frustrate of all other remedy for the recovery of the debt aforesaid whereupon she saith that she is worsted and hath damage to the value of 40. s. And thereupon she brings her sute c. And she brings here into Court the Letters testamentary c. The Defendants plead they did make the Arrest And the aforesaid S. H. by T.B. their Attorney come and defend the force and injury when c. And say that the
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
at Westminster before T. Frâ—wick and his fellows then Justices of him the Lord the King and other faithfull people of the said late King then there present a certain Fine was levyed of the said Mannor with th' appurtenances amongst other Tenements and Rents by the name of the Mannor of D. with th' appurtenances and of one Messuage CCC acres of land twelve acres of Meadow twenty acres of Pasture and five pounds Rent and the rent of 20. Cocks 100. Capons 160. Sheep with th' appurtenances in D. in the County of K. between William Frost then Plaintif and the said I. and A. by the names of I. Batiller and A. his Wife then agreeing whereupon the Plea of Concord was summoned between them in the same Court that is to say that the said I. and A. doe recognize the said Mannor with th' appurtenances to be the right of him the said W. as that that the said W. then had of the Gift of the said I. and A. And the same Remized and quit claymer of them the said I. and A. and the Heirs of her the said A. unto the said W. and his Heirs for ever And afterwards they the said I. and A. granted for themselves State in the tayl made by Fine and the Heirs of her the said A. that they should Warrant unto the said W. and his Heirs the said Mannor with th' appurtenances against all men for ever And for that Recognizance Remise quit claymed Warrant Fine and Concord the said VV. granted unto the said I. and A. the said Mannor with th' appurtenances and that unto them rendred in the same Court to have and to hold unto the said I. and A. and the Heirs of the body of them the said I. and A. begotten of the chief Lords of that Fee by the Services which to the said Mannor appertaineth for ever And if it should happen that they the said I. and A. should dye without Heir of their bodyes begotten then after the Deceases of them the said I. and A. the said Mannor with th' appurtenances should wholly remain to the Heirs of her the said A. of her body begotten to be held of the chief Lords of that Fee by the Services which to the said Mannor doe appertein for ever And if no Heir of the body of her the said A. should be begotten then the said Mannor with th' appurtenances should wholly remain to the right Heirs of the said I. B. to be held of the chief Lords of that Fee by the Services which to the said Mannor apperteineth for ever as in the said Fine is more fully conteyned And afterwards the said Prioress of the said ten acres of land being seized at C. in the County aforesaid Attornment of the Tenant unto the Lord. to the said I. and A. retorned her self by pretence of which Fine they the said I. and A. afterwards and before the said time in which c. into the Mannor with th' appurtenances entred and thereof at the said time in which c. were and as yet doe remain seized in their Demesn as of Fee-tayl And because the Rent aforesaid for eight years after the levying of the said Fine and before the said taking supposed to be done that is to say for eight years next before the Feast of St. Michael th'Arch-Angell in the fifth year of the Reign of the now King at the said time in which c. ended was in arrear unto the said I. and A. and as yet remaineth unpaid the said I. in his own right and in the right of the said A. doth well avow and the said H. as Bayliff of him the said I. doth well acknowledge the taking of the said Beasts and Chattels in the said place in which c. and justly c. that is to say for 14. shillings Rent aforesaid and of and for the six first years of the said eight years being behind and unpaid and upon the said Prioress as upon the true Tenant of them the said I. and A. in form aforesaid in the said place in which c. and within their Fee c. And this they are ready to prove whereupon they pray Judgement and the retorn of the said Beasts and Chattels to be adjudged unto them c. And the said Prioress saith The Plaintif saith that the Defendant never was seized of the Rent and Services in barre specified c. after the first going over of the Lord H. King Son of the King in Valton that she by any matter by the said J. and H. before alleged the said J. the taking of the said Beasts and Chattells in the said place in which c. to avow just nor the said H. the same taking in the same place in which c. to acknowledge just they ought not because portesting that there hath not been nor from the time of the said taking had there been any such Mannor called D. within the said County of K. protesting also that she hath not Attorned unto the said I. and A. as the said I. and H. have alleged protesting also that the said place in which c. is and at the said time in which c. was without the Fee of the Lordship of them the said I. and A. for Plea saith that the said I. and A. never were seized of the Rents and Services aforesaid or of any parcell thereof in manner and form which the said I. and H. before alleged after the first going over of the Lord King Henry into Vaston as by the said Avowment and Acknowledgement before supposed And this they are ready to prove whereupon from which the said I. and H. the taking of the Beasts and Chattells above acknowledging prayeth Judgement and her Damages by occasion of the taking and unjust detension of the said Beasts and Chattells to be adjudged unto her c. And they the said I. and H. say that they the said I. and A. were seized of the said Rent and Services by the hands of their true Tenant thereof in what manner and form they the said I. and H. before have alleged Issue of Scizin of Rent And of this they put themselves upon the Country And the said Prioress likewise c. Therefore c. Defendant prayeth Judgment of the Plaint retorned by the Sheriff upon a Recordare and saith that it is insufficient for that the Sirname of the Defendant was not put in the Plaint therefore that he may have the retorn of the Cattell c. ss AND the said I. C. in his person commeth and defendeth the force and Injurie when c. and prayeth hearing of the Plaint of the taking and deteyning of the said Cattell before the Sheriff of the said County made and here in Court at this day that is to say on the morrow of All Souls by virtue of a Writ of the said Lord the King of Recordare retorned and it is read to him in these words ss I. B. complaineth of the
I.G. and W. by I.B. their Attorney commeth and defendeth the force and injury when c. and as to the taking and deteyning of the said five Cart-â—oad of Wheat in Sheaves ten Cart-load of Barley in Sheaves ten Cart-load of Oats in Sheaves and eight Cart-load of Hay they the said R.S. I.N. Y. I. G. and VV. prayeth Judgement of the Writ c. because they say that the property of those Chattel's at the time of the said taking supposed to be done was unto R. S. of I. c. and T. H. by which they the said R. the now Defendant I.N. Y. I.G. and W.V. Servants of him the said R. S. of L. c. and T. H. and by their Command at the said time in which took and deteyned the Chattels and the same as yet they detein as unto them it is lawfull And this they are ready to approve whereupon as to the taking and detension of those Chattels they pray Iudgement of that Writ c. And as to the taking of the said Cattell they the said R. S. the now Defendant I. N. Y. I. G. and W. as Bailiffs of the said R. S. of L. and T. doe well acknowledge the taking of those Cattell in the said place As to the taking of the Cattell the Defendants justifie as servants of another doing damage in which c. and justly c. because they say that the said in which c. is supposed the taking of those Cattell to be done is and at the said time in which c. was the ground and Free-hold of the said R. S. of L. and T.H. And that those Cattell at the same time were in the same place eating the grass there then growing and Damage there doing by which they the said R. S. the now Defendant I. N. Y. I. G. and VV. as Bailiffs of the said R. S. of L. and T. at the said time in which c. took and deteyned those Cattell and the said Ewe-sheep as yet they detein as to them it was lawfull and this they are ready to prove whereupon they pray Judgement if the said I. his Action thereupon against them ought to have c. And the said R. S. of L. and T. pray retorn of the Oxen Steers Cows Calf Heifers and the said Living goods to 〈◊〉 adjudged unto them The Plaintif prayeth that the Defendant may secure unto him of some of the Cattell for that he hath not claimed any property Defendant as to parcell saith that he put them in an open Pound and in default of the Plaintif with hunger they perished to find pledges of deliverance for the residue And upon this the said I. N. saith that the said R. S. the now Defendant I. N. Y. I. G. and VV. of the said Ewe-Sheep whereof out of which they the said R. S. the now Defendant I. N. Y. I. G. and VV. have claymed no property in the same Ewe-sheep prayeth that they the said R. S. the now Defendant I.N.Y.I.G. and VV. may put in Security here in Court unto the said I. N. for the Delivery of the same Ewe-sheep Upon which they the said J.S. the now Defendant J. N. Y. J. G. and VV. as to the Security and Delivery of two Ewe-sheep of the said three Ewes say that the Delivery thereof unto the said I.N. they ought not to secure because they say that immediatly after that they the said Cattell in form aforesaid took those Cattell they put in a certain open Pound at C. in the County aforesaid and afterwards the said two Ewe-sheep with hunger and for want of Sustenance in default of him the said I. M. there perished And this they are ready to prove whereupon they pray Judgement if they ought to secure the Deliverance of those two Sheep unto the said I. N. c. which said matter to the securing of the Deliverance of those two Sheep the said I. N doth not gainsay and as to the Deliverance of that one Ewe-sheep as is before said deteyned they the said R.S. the now Defendant I. N. Y. I. G. and W. they have found pledges of the Deliverance thereof to be made unto the said I. N. namely I. Hercum and J. Beuning Plaintif saith that the property of the Chattels was his and not anothers as to the residue pleads a certain Demise unto him made by virtue of which he entred and was thereof possessed until another disseised him and after that the Plaintif put Cattell in the place in which c. And that the Defendant took the same Def. pleads a Demise at will c. therefore the said I. N. may have the Deliverance thereof c. ss AND the said I. N. saith that his said Writ as to the taking and Detension of the said Chattels for the reason before alleged ought not to be made void because he saith that the property of those Chattels at the said time in which c. was unto the said I. N. and not unto the said R. S. of L. and T. as the said R. S. the now Defendant and the others above have alleged and this he prayeth may be inquired of by the Countrey and the said R. S. the now Defendant and others likewise c. And as to the taking of the said Cattell the said I. N saith that the said R.S. the now Defendant and the others the taking of those Cattell ought not acknowledge just because he faith that the said place called W. in which c. is and at the time of the said taking was three closes conteining Ten acres of Land and eight acres of Pasture in L. aforesaid whereof the said W. H. long before the said time was seized in his Demesn as of Fee and so thereof seized before that time in which c. that is to say the Tenth day of January in the Tenth year of the Reign of the said now King at G. in the County aforesaid those Closes with th' appurtenances amongst other Lands Tenements in G. aforesaid demised unto the said I.N. to have and occupy unto the said I. N. from the same Tenth day of January from thence next following and so from year to year at the will of him the said W. H. paying therefore yearly unto the said W. H. as long as the said I. N. those Closes and also the said Lands and Tenements by reason of that Demise should have and occupy 26. shillings 8. pence to be paid at the Feast of St. Michael th'Arch-Angell by virtue of which Demise the said I. N. of the said Closes together with those Lands and Tenements was possessed untill they the said R. S. of L. and T. H. the aforesaid W. H. of those Closes before the said time in which c. Disseised and from those Closes of him the said I. N. expelled and amoved by which they the said R. S. of L. and T. were seized in those Tenements with th' appurtenances in their Demesn as of Fee by Disseisin And after that the said
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
Freehold of him the said I. he did break and enter and the said R. from the possession of the said House expelled and amoved and him the said R. from the possession thereof by the time aforesaid withheld and kept as to him it was lawfull And this c. whereupon c. ss AND the said R. B. saith that he by any thing Replication c. ought not to be precluded because he saith that the said House in which the Trespass aforesaid was done is and at the time in which c. was the ground and Freehold of him the said R. and not the ground and Freehold of him the said I. in manner and form as the said T. above in pleading hath alleged and this he prayeth may be enquired c. Defendant pleads to part property in himself and to the residue that he did not take ss AND the said G. and E. by I. B. his Attorney commeth and defendeth the force and Injury when c. and prayeth Judgement of the said Writ because as to the taking and detention of three of the Topsail of the Tapestry and other things c of the aforesaid goods and chattells in the said Declaration above specified parcell they the said G. and E. say that the property of the same goods and chattells parcell c. at the said time of the taking aforesaid above supposed to be done was in them the said G. and E. and not in the said I. in manner and form as the said T. himself doth now Complain and this c. whereupon he prayeth c. and that the said Declaration as to the taking and deteining of the said goods and chattels parcell may be made void c. and as to the residue of the goods and chatteâ—ls in the said Declaration above specified they the said G. and E. say that they did not take those goods and chattells residue c. in manner and form as the said T. above in his Declaring hath all god And of this he putteth himself upon the Countrey and the said T. likewise c. Replication for other parcell ss AND the said T. saith that the Declaration aforesaid as to the taking and deteining of the said goods and chattells parcell c. by any matters by the said G. and E. above by pleading hath alleged ought not to be made void because he saith that the property of the said goods and chattells parcell c. at the said time of the said Caption done was in the said T. and not in them the said G. and E. in manner and form as they the said G. and E. above in pleading have alleged And this he prayeth c. and the said c. likewise therefore as to the Tryall of that Issuâ— as the aforesaid other Issues between the said parties above likewise joyned Cometh thereupon the Jury c. and upon this the Plaintif findeth Pledges to deliveâ— the goods and chattells of the Defendant c. Defendant just fiâ—th as Tenant of the Plaintif by Copy of Court Roll of the Mannor of Foaley ss AND the said Defendant by I. S. his Attorney commeth and defendeth the force and injury when c. and as to the comming with force and arms c. not guilty and as to the rest of the Trespass aforesaid above supposed to be done the said Defendant â—aith that the said Plaintif ought not to have an action because he saith that the Close and house aforesaid and also the places in which the Trespass aforesaid is supposed to be done are and at the time of the said Trespass above supposed to be done were one Messuage and two acres of Land with th' appurtenances in Foxley aforesaid which said Messuage and two acres of Land with th' appurtenances at the time of the said Trespass above supposed to be done and also from the time of the Memory of man were parcell of the Mannor of Foxley of which said Mannor with th' appurtenances aforesaid which is and at the said time in which c. and also long before the said time in which c. was seized in his Demesn as of Fee and that the same Messuage and two acres of Land with th' appurtenances are and by all the said time were and are Customary Land and from the whole time aforesaid of which the Memory of men is not to the contrary were Demised and Demiseable by Copy of Court-Roll of the Mannor aforesaid by the Lord of that Mannor or his Steward of that Mannor for the time being unto whatsoever person or persons would be willing to take the same in Fee-simple Fee-tayl at Term of life or of years at the will of the Lord according to the Custome of the said Mannor and the said Plaintif of the said Mannor with th' appurtenances whereof c. as aforesaid being seized the said Plaintif before the time aforesaid in which c. that is to say the twelfth day in the thirty sixt year of the Reign of H. 8. late King of England at F. aforesaid at the Court of that Mannor then there held at the said Mannor by one I. W. then his Steward there by Copy of Court Rolls of that Mannor granted the Tenements aforesaid with th' appurtenances in which c. the said Defendant to have to himself and his Heirs for ever To hold of the said Plaintif by a Rod at the Will of the Lord of that Mannor by the Rent and Service thereupon due and accustomed by virtue of which Grant the said Defendant into those Tenements with th' appurtenances in which c. before the foresaid time in which c. he entred and was thereof seized in his Demesn as of Fee at the Will of the Lord of the said Mannor according to the Custome of the said Mannor and he the Defendant being so thereof seized the said Defendant the foresaid time in which c. the Close and House aforesaid with th' appurtenances in which c. as the proper Close and House of him the Defendant did break and enter and the aforesaid Oak in and upon the said two acres of Land then growing as the proper Oak of him the Defendant did cut down and carry away as to him it was lawfull and this c. whereof c. ss AND the said Plaintif saith Plaintif confesseth the Defendant to be his tenant by Copy of Court Roll but saith that the same Defendant forfeited his estate to him by doing waâ—â— in cutting down an Oak of the age of ten years that he ought not to be precluded because he saith that well and true it is that he the said Plaintif is and at the time of the said Trespas done and long before was seized of the Mannor with th' appurtenances whereof c. in his Demesn as of Fee and that the aforesaid Messuage and two acres of Land with th' appurtenances are and at the foresaid time in which c. and also from the time of the memory c.
were the customary Lands and parcell of the Mannor aforesaid and Demised and Demiseable by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being to whatsoever person or persons were willing to take the same in Fee-simple Fee-tayl for term of life or years or otherwise at the Will of the Lord according to the Custom of the said Mannor aforesaid and that he the said Plaintif of the Mannor aforesaid with th' appurtenances whereof c. so being seized before the said time of the foresaid Trespass done at his the said Court of the Plaintif of his said Mannor holden the said twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. at that time his Steward of his Mannor aforesaid granted the aforesaid Tenements with th' appurtenances unto the foresaid Defendant to have and to hold to the said Defendant and his Heirs by a Rod at the Will of the Lord according to the Custom of the said Mannor by vertue of which said Grant the said Defendant into the aforesaid Tenements with th' appurtenances entred and was thereof seized in his Demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleged And that the said Defendant being so thereof seized before the time of the said Trespass done that is to say the tenth day of November in the first and second year of the Reign of the now Lord the King and the now Lady the Queen made waste in the said Tenements with th' appurtenances in felling and cutting down one Oak of the age of Ten years and more and by Destroying the branches of the stem of the same Oak thereout growing with his Cattell under pretence of which the said Plaintif before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the second and third year abovesaid with force and arms c. the Close and House aforesaid at F. aforesaid brake and the aforesaid Oak to the value c. there lately growing cut down and carried away against the peace of the said now King and Queen as he above against him complaineth and this he is ready to prove whereof from which the said Defendant the said Trespass aforesaid above acknowledging the said Plaintif prayeth Judgement and his Damages by reason of that Trespass to be adjudged unto him c. Defendant pleads the Custome of the Mannor to give the customary Tenants liberty to cut down Trees growing upon their Tenements ss AND the said Defendant by Protestation not acknowledging any matters in the said Replication above to be true for Plea saith that within the Mannor aforesaid it hath from the time of which the memory of men is not to the contrary it had such a Custom that is to say that every Costomary Tenant of the Mannor aforesaid who held any Customary Tenements within that Mannor unto him and his heirs at the Will of the Lord of the Mannor by Copy of Court-Roll of that Mannor according to the Custome of the same Mannor could and might cut down whatsoever Trees and Wood growing in or upon the Customary Tenements without forfeiture of such Customary Tenements unto the Lord of that Mannor for the time being for such waste by which the said Defendant being seized of the Tenements aforesaid with th' appurtenances in which c. in his Demesn as of Fee at the will of the Lord of the said Mannor that Oak the said first day of October in the years of the Reign of the now King and Queen the second and third abovesaid then and there growing did cut down as to him it was lawfull and this he is ready to prove whereof as before he prayeth Judgement and that the said Plaintif from his action aforesaid against him the Defendant had may be precluded c. ss AND the said Plaintif as formerly he saith Plaintif maintains the Replication without this that there is such a Custom as the Defendant in his Rejoynder allegeth c. that he the said Plaintif is and at the time of the said Trespass done and long before was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and that the said Messuage and two acres of Land with th' appurtenances are and at the time in which c. and also from the time c. were Customary Lands and parcell of the said Mannor and Demiseable and demised by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being unto whatsoever person or persons is or are willing to take them in Fee-simple Fee-tayl for term of life or years or otherwise at the will of the Lord according to the Custom of the said Mannor And that the Plaintif of the said Mannor with th' appurtenances whereof c. before the said time of the said Trespass done that is to say at the said Court of him the Plaintif of his said Mannor holden the twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. then his Steward of his said Mannor granted the said Tenements with th' appurtenances unto the foresaid Defendant to have and to hold unto the said Defendant and his Heirs by a rod at the will of the Lord according to the Custom of the said Mannor by vertue of which said grant the said Defendant into the said Tenements with the appurtenances entred and was thereof seised in his demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleleged and that the said Defendant so being thereof seized before the said time of the said Trespass done that is to say the tenth day of November in the years 1. 2. abovesaid he made waste in the same Tenements with th' appurtenances that is to say in cutting and felling down one Oak of the age of ten years and more by destroying the branches of the stem of the same Oak thenceforth growing with his Cattell under pretence of which before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. he entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the years second and third abovesaid with force and arms c. the said Close and House at Foxley aforesaid did break and the Oak aforesaid to the value c. there lately growing
did cut down and carry away against the Peace of the said now King and Queen as he above against him complaineth in manner and form as he the said Plaintif in replying hath alleged without this that within the said Mannor it hath and from the time of which the Memory of men is not to the contrary it had such Custome that is to say that every customary Tenant of the said Mannor who held any customary Tenements within that Mannor to him and his heirs at the Will of the Lord of that Mannor by Copy of Court-Rolls of that Mannor according to the Custome of the same Mannor was able to and might cut down whatsoever Trees and Woods growing in or upon those Customary Tenements without any forfeiture of any such Customary Tenement unto the Loâ—d of that Mannor for the time being for such like waste in manner and form as the said Defendant above in rejoyning hath pleaded and this c. wherefore as formerly he prayeth Judgement and his Damages aforesaid by reason of the said Trespass to be adjudged unto him c. ss AND the said Defendant as before saith that within the said Mannor it hath and from the time of which c. it had such Custome that is to say that every Customary Tenant of the said Mannor which held any Customary Tenements within that Mannor to him and his heirs at the Will of the Lord of that Mannor by Copy of Court-Roll of that Mannor according to the Custome of the same Mannor is able to and might cut down whatsoever Trees and Wood growing in or upon those Customary Tenements without forfeiture of any such like Customary Tenements unto the Lord of that Mannor for the time being for such like waste And of this he putteth himself upon the Countrey and the said Defendant likewise c. ss AND the said Johane by W.B. her Attorney commeth and defendeth the force and injury when Defendant justifies Trespas as Servant by vertue of a certain Demise by the Rector of the Parish Church of St. Swithins in London according to the Custom of the City of London by the assent of the Warden of the same Parish the Deed being openly known Custome of London that the Rector of any Church might let the land of his Church with the assent of the Wardens of that Church and of honest persons of the Vestrey c. and as to the comming with force and arms not guilty and as to the residue of the said Trespass above supposed to be done the said I. saith that the foresaid R. ought not to maintain his Action because he saith that the said House in which the said Trespass is supposed to be done is and at the time of that Trespass above supposed to be done was one Messuage with th' appurtenances in the Parish and Ward aforesaid whereof long before the said time in which c. one R. Chatterton Clerk late Rector of the Parish Church of St. Swithin in Candle-wick-street in the City of London was seized in his Demesn as of Fee in the right of his said Church and that the said City of London is an antient City within which said Ciity it hath and from the time c. it had such Custom that if and whensoever any person being Rector of any Parish Church within the said City being seized in his demesn as of Fee in the right of his Church aforesaid of any Messuage or Tenement within the same City to the use of the Parishioners of the Parish of which any such person should be Rector or to the use intention or Trust to any charitable works to be done or done or to the use of finding any Chaplain at Divine Services in such Church where such person so should be Rector to doe and celebrate and if such Rector so seized at such use should make any Demise of any such Messuage or Tenement unto any person or persons for term of years by his Deed indented sealed with his Seal by the Assent of the Wardens of good Works Rents and Ornaments of such Church or of one of the Wardens of such Church for the time being and of any other honest persons of that Church in a certain place called the Vestrey of the Church of such Parish being come together to the handling of the businesses of that Church or the greater Number of those persons so being there assembled that from thenceforth such Demise for Term of years so made should be and from the whole time abovesaid it was used to be good valid and of force in Law against such Rector and his Successors of others whosoever claiming under the title and titles of the Rector during such Term in such Deed of Demise specified although such Demisor shall die or his Rectory or Benefice thereupon resign or her with any other person should grant within such Term in such Deed of Demise contained and that long before the said time in which c. and long before which the said R. H. had any thing in the aforesaid Messuage with th' appurtenances the said R. C. Clerk then being Rector of the Parish Church of St. Swithin aforesaid was seized of that Messuage with th' appurtenances in his Demesn as of Fee and in right of the said Church to the use to find a Chaplain to celebrate Divine Services in the aforesaid Church of St. Swithins for ever and so thereof to that use being seized the said R. C. being Rector of that Church long before the said time in which c. that is to say in such a day in the thirty second year of the Reign of H. 8. at London in the Parish of St. Swithins in the Ward of Walbrook aforesaid by his certain Deed indented one part of which is sealed with the Seal of the said R. C. the same I. R. here in Court doth profer whose Date is the same twenty first day of October in the said twenty second year of H. 8. abovesaid with the Assent of William Spâ—nk and Richard Bownington then Wardens of the good Works Rents and Ornaments of the said Church of St. Swithins being and of the greater number of honest persons of that Parish in a place called the Vestrey of the Church of the said Parish being assembled to treat of the businesses of that Parish Namely T. P. A. R. R. C. I. P. R. D. W. D. W. S. W. G. T. W. H. B. A. B. W. H. R. C. I. H. R. B. and I. S. Demised Granted and to farm let unto one John Rogers the aforesaid Messuage with th' appurtenances To have and to hold unto the said R. his Executors and Assigns from the Feast of the Nativity of our Lord Jesus Christ from thenceforth next ensuing untill the end and term of ten years from thenceforth next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said Term unto the said Rector and Wardens or to their Successors Rectors and Wardens of the said Church
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
his Predecessors formerly Priors of the said Church accustomed to distrein in the said twenty acres of Land for that the same Rent of four shillings and every parcell thereof whensoever that Rent should happen to be behind in part or in all Without this that the said T. the late Prior Issue upon Seifin of Rent and his Predecessors heretofore Priors of the said Church from the time wherein the Memory of man is not extant in the right of that Church were seized of the said Rent of six shillings eight pence issuing out of the said twenty acres of Land as of Rent-Charge in the form which the said R. B. by the said Acknowledgement before hath supposed And this c. whereupon he prayeth Judgement and his Damages by occasion of the taking and deteining of the said Cattell and Chattells to be adjudged unto him c. And the said R. saith that the said W. the now Prior and his Predecessors heretofore Priors of the said Church from the time whereof the Memory of man is not extant in the right of that Church were seized of the said Rent of six shillings eight pence of the said twenty acres of Land as of a Rent-Charge in what form the said R. by his said acknowledgement before supposeth And of this he putteth himself upon the Countrey c. AT which eight dayes of St. Hillary before the Lord the King Entry of an Essoin and joyning in Aid and imparlance in Replevin Mich. 15. H. 7. rot 78. the like Mich. 23. H. 7. rot 103. at Westminster cometh the said parties by their said Attorneys and the said I. T. being summoned at the aforesaid Eight dayes of Saint Hillary caused himself to be Essoyned of the said Plea and had thereupon day by his Essoyn untill at this day that is to say from the day of Easter in three weeks then next following before the said King wheresoever c. And now at this day before the said King at Westminster commeth aswell the said R.M. as the said P.S. and I. and R. W. by his said Attorney and the said I. T. in the fourth day being solemnly called by W. F. his Attorney likewise commeth and joyneth himself in Ayd of the said R. M. to answer unto the said P. S. I. and R. together with the said R. M. to the said Avowment and Acknowledgement is granted c. And upon this day thereof is given to the said parties before the said King untill in eight dayes of the holy Trinity Imparlance by default Plaintif joyneth himself in Ayd The Writ of Ven ' Fac ' is not put into the Crown wheresoever c. that is to say to the aforesaid R. M. and I. T. to imparl and then to answer c. And as to the trying of the said Issue before joyned he hath not put the Writ thereof in the Crown Therefore as often commeth the Jury thereupon before the said King at the same Term by whom c. And who neither c. to Recognise c. Because aswell c. the same day is given to the said parties c. Defendant pleads that the Wife of the Plaintif whilest she was sole released him Hill 13. H. 8. 10 32. ss AND the said I. F. by R. T. his Attorney commeth and defendeth the force and wrong when c. and saith that the said W. and A. ought not to have an Action c. because he saith that the said Anne before the said time of the said Trespass supposed to be done and before the Marriage between her the said A. and the said W. solemnized that is to say the eighteenth day of October in the Ninth year of the Reign of the now King the said A. delivered unto the aforesaid I. F. the said goods and Chattells as the said W. and A. before have declared And afterwards that is to say the twenty fifth day of November in the Ninth year of the Reign of the Lord the now King aforesaid the said A. whilest she was sole by the name of Anne Redhelke of L. Widow at L. that is to say in the Parish and Ward aforesaid by her certain Writing which the said I. sealed with the Seal of her the said A. here in Court profered whose Date is the said twenty fifth day of November in the ninth year of the Reign of the said now King aforesaid remised and released unto the said I. F. by the name of I. F. Citizen and Merchant Taylor of London all and all manner of personall Actions and Demands which she might have against him the said I. by whatsoever reason from the beginning of the World untill the day of making of the said Writing as in that Writing more fully is contained Without this that the said A. delivered the said goods and Chattels unto the said I. F. the said twentieth day of December in the said Ninth year of the Reign of the said now King or at any time after the making of the said VVriting of the Release And this c. whereupon c. Protestation And they the said W. and A. say that they by any matter c. ought to be precluded because protesting that the said A. delivered unto the said I. F. the said goods and Chattells as they the said W. and A. before against him Complaineth for Plea saith that the said Writing of Release Not her Deâ—d is not the Deed of the said A. in manner and form as the said I. F. before have alleged And this he prayeth that it may be inquired of c. ss AND the said I. O. in his own person commeth and defendeth the force and Wrong when c. Kent Defendant justifies the Trespass by vertue of a Demise Judgement for the Plaintif Trin. 13. H. 7. â—ot ' 87. And as to the coming with force and arms or whatsoever which is against the Peace of the Lord the now King and also all the said Trespass besides the breaking of the said Close and eating up treading and consuming of the said Grass in N. aforesaid saith that he in no manner is guilty thereof And of this he putteth himself upon the Country And the said Plaintif likewise c. And as to the breaking of the said Close and eating up treading and consuming of the said grass in N. the said Defendant saith that he ought not to have his Action because he saith that the said Close and also the place in which the said Trespass is supposed to be done in N. aforesaid was and at the said time in which c. were thirty acres of Land with th' appurtenances in N. aforesaid called H. whereof before the said time in which c. one T. Chelyn was seized in her Demesn as of Fee and so thereof seized before the said time in which c. that is to say in the Feast of St. Michael th'Archangell in the twelfth year of the Reign of the now King at Feversham in the said County Demised
M. of those Tenements with the appurtenances so being seized the same M. before the said time of the said Trespas done at C. aforesaid took to her husband the said J.B. by vertue of which they the said J. and M. were seized of those Tenements with the appurtenances in their demesne as of fee in the right of her the said M. and them the said J. and M. of those tenements with the appurtenances so being seized they the said J. and M. afterwards and before the said time of the said trespas done that is to say at the Feast of Saint Michael the Arch-Angell in the thirty seventh year of the Raign of the Lord Henry the eighth late King of England at C. aforesaid demised the said Tenements with the Appurtenances unto one S.S. and unto the aforesaid A. now one of the Plaintiffs the then wife of the same S. to have and to hold the same Tenements with the appurtenances unto the same S. and A. their Executors and Assigns from the same Feast of Saint Michael the Arch-Angel untill the End and Tearm of seven years from thence next insuing and sully to be compleat by vertue of which said demise they the said S. and A. so thereof being possessed the same S. before the said time in which c. at C. aforesaid dyed and the said Allice him survived and held her self in in the said Tenements with the appurtenances and was thereof possessed by the Right of increase and she the said A. so thereof being possessed the same A. before the said time in which c. at C. aforesaid took to her Husband the said E. H. by virtue of which they the said E. and A. were possessed of the said Tenemenrs with the Appurtenances By the Right of increase untill the said G. W. the now Defendant at the said time of the said Trespasse done the said Close with Force and Armes aforesaid did breake and enter and the said Grasse to the value c. with his feet walking did tread down and consume and the said Cattell in the said Declaration before specified then and there found he did take and chase in manner and form as they the said E. and A. before against him themselves now complaineth And this c. whereupon from which the said G. W. the now Defendant the said Trespasse before acknowledging prayeth Judgment and his Damages by occasion of that Trespasse to be adjudged unto him c. Defendant maintains the plea without this that G.W. Grand-Father infeoffed the said A.W. his Sonne c. AND the said G. W. the now Defendant as before saith that the said G. VV. the now Defendant was of the said Tenements with the Appurtenances seized in his Demesne as of Fee and he the said G. W. the Elder of those Tenements with the Appurtenances so being seized the same G. W. the Elder of those Tenements with the Appurtenances died thereof by protestation seized after the death of which said G. W. the Elder the said Tenements with the Appurtenances for that that the same Tenements are of the Tenure and Nature of Gavel-kinde in the said County and that all Lands and Tenements of the same Tenure and Nature in the same County from the time the contrary of which c. were parted and partable between the Heires Males did discend unto the said G. W. as Son and Heire of the said G. W. the Grand-father of the said G. W. the now Defendant and unto the same G. the now Defendant and to the said R. W. Brother of the same G. the now Defendant and unto the aforesaid Margery as Kinne and Co-heire of the said G. their Grand-father that is to say unto the aforesaid G. the now Defendant and Richard his Brother as Sons and Heires of the said R W. one of the Sons and Co-heires of the said G. W. the Elder and unto the aforesaid T. as another Son and Co-heire of the said G. W. the Grand-father of the said G. the now Defendant and unto the aforesaid Margery as Daughter of the said Alexander another of the Sons and Co-heires of the said G. W. the Grand-father by virtue of which the said G. W. the now Defendant and the said R. W. his Brother into the said Tenements with the Appurtenances before the said time in which c. entred and were and as yet are thereof seized in their Demesne as of Fee and the same Tenements with the Appurtenances do hold and at the time of the said Trespasse before supposed to be done and at the day of fyling the said Bill did hold and as yet doth hold in common and undivided with the said Edward and Alice who the Pur-party of the said Margery Bedell of and in the said Tenements with the Appurtenances do hold and at the said day of fyling of the said Bill did hold for tearm of yeares Without this from the demise of the said I. B. and Margery in manner and form as the said G. the now Defendant before in pleading hath alledged without this that the said G. W. the Grand-father infeoffed the said A. W. his Son of the said Tenements with the Appurtenances in Manner and Form as the said E. and Alice before in replying have alledged And this c. whereupon as before prayeth Judgment and that the said E. and A. from their said Action against him had may be precluded c. And they the said E. and A. as before saith that the said G. W. the Grand-father infeoffed the aforesaid A. W. his Son of the said Tenements with the Appurtenances in Manner and Form as they the said E. and A. before in replying have alledged and this they pray that it may be inquired of c. AND the said W. W. by R. C. his Attorney Devon Defendant Justifies that the Tenements in which c. was the ground of another man and iustifies the Trespasse as his Servant doing damage cometh and defendeth the Force and Wrong when c. And as to the coming with Force and Armes c. not guilty and as to the residue c. the same W. W. saith that the said W. S. no Action because he saith that the said Close and also the place in which c. the said Trespasse is supposed to be done are and at the time of the said Trespasse before supposed to be done were thirty six Acres of Land with the Appurtenances in V. aforesaid in a certain place there called W. which are and at the said time of the said Trespasse before supposed to be done were the Ground and Free-hold of one R. M. by which the same W. W. at the said time in which c. into the said Tenements with the Appurtenances as Servant of the said R. and by his Command entred and the said Close as the proper Close of him the said R. did breake And the same W. W. found the said Colt there the Grasse of him the said R. upon the Ground of him the said
paid to her the said A. when he the said I.F. should be thereunto required to be safely and securely kept for her the said A. by him the said R. and to her the said A. when he should be thereunto required yet the aforesaid R. at London in the Parish and Warde aforesaid such a day and yeare then next following the writing obligatory aforesaid delivered to him the said R. by her the said A. to be safely kept and redelivered as aforesaid he the said R did maliciously break teare and cancell to the damage of her the said A. 40 l. And thereupon she brings her Suit c. H. R. complaines of R.C. Inn-keeper of a common Inne Against an Inn-keeper for a Horse lost called the Signe of the George in S. in the custody of the Marshall c. For that that is to say whereas according to the Law and Custome of the Realm of our Lady the Queen that now is of England Inn-keepers who hold and keep Common Innes to lodge and entertaine Men travelling by those parts where such like Innes are and lodgings in them are bound to keep both by day and night their goods being within those Jnnes without any diminution or losse So that by default of these Inne-keepers or their Servants no damage should happen or come to their Guests by any means And whereas the aforesaid R. before the 20th day of F. such a yeare c. And the same 20th day c. held and kept the Common Inne aforesaid called the Signe of the George in S. aforesaid in the County aforesaid And him the said H. in the same Inne as his Guests then and there entertained And the same H. R. then and there one Gelding of a Flea-bitten colour of the price of 8. l. he brought into the Inne aforesaid with him which said Gelding the aforesaid R. in his custody then and there received and had yet certaine Malefactors unknown to him the said H. afterwards to wit the aforesaid 20th day of F. in the eighth yeare aforesaid A. S. aforesaid the Gelding aforesaid being under the custody of the aforesaid R. B. in the aforesaid Inne then and there found for want good keeping of the said R. B. and his Servants they took and led away against the law and custome aforesaid Whereupon the same H. saies that he is worsted and hath damage to the value of 20. l. And thereupon he brings his Suit c. Case against an Execution upon the promise of the testator to pay money at severall dayes where they alledge assetts Hil. 37. Eliz. Roll 935. ISraell Owen complaines of Sara de Bohault Executrix c. of John de Bohault a Forrain Merchant lately her Husband deceased in the custody of the Marshall c. for that that is to say whereas the aforesayd Israell such a day and yeare at London in the parish c. had held and delivered to the aforesaid John Bohault in his life time to the proper use and behoof of him the said John 54 Chests of powdered Sugar to the value of 543. l. 6. s. and 11. d. The same John in his life time in consideration thereof afterwards to wit the day yeare and place aforesaid assumed upon himselfe and to him the said Israell then and there faithfully promised that he the said John 543. l. 6 s. and 11 d. of lawfull mony of England to the aforesaid Israell in manner and form following would wel and faithfully Content and pay that is to say upon the 17th day of September in the 35th yeare of our Lady the Queen that now is aforesaid then next following the one halfe of the sayd summe of 543. l. 6. s. and 11. d. being 271. l. 13. s. 5. d. ob parcell of the aforesaid 543. l. 6 s. and 11. d. And upon the 17th day of December from thence next following the other halfe of the said summe of 543. l. 6 s. and 11. d. being the residue And afterwards to wit the 6th day of August in the 35th yeare of the Reign of our Lady Elizabeth aforesaid at London in the Parish and Ward aforesaid the aforesaid John de B. made his last Will and Testament in writing And by the same constituted the aforesaid Sara his Executrix thereof And afterwards there dyed yet the aforesaid Sara the promise and assumption of the aforesayd I. de B. so as aforesaid made little weighing but plotting and fraudulently intending him the said Israell of the aforesayd 271. l. 13 s. and 5. d. ob parcell of the aforesaid 543. l. 6 and 11. d. upon the aforesayd 17th day of September in manner as is aforesayd to be paid craftily and subtilly to deceive and defraud the same 271. l. 13 s. and 5. d. ob after his the said John de B. death in the aforesaid 17th day of September in the 35. yeare aforesaid to the aforesaid Israell according to the promise and assumption of the aforesaid John de B. in his life time in manner and form aforesaid made she hath not payd although to do that the same Sara afterwards to wit the 18th day of September in the 35th yeare aforesaid at London in the Parish c. by the aforesaid Israell she hath been thereunto required And although also sufficient Goods and Chattells which were the aforesaid Iohn de Bohaultâ— at the time of his death as well to pay to him the said Israell the aforesaid 271. l. 13. s. 5. d. ob as all other debts Funerall Expences and Legacies of the aforesaid Iohn de Bohault to the hands and possession of the aforesaid Sara after the death of him the said Iohn de Bohault at London c. in the Parish c. came and as yet in her hands remaine unadministred By which the same Israell in his credit towards divers the subjects of our Lady the Queen aforesaid and chiefly to c. is much hurt and made worse whereupon he saith that he is dampnified and hath damage to the value of 466. l. And thereupon he brings his Suit c. To this the Defendant pleads a speciall plene administravit That the Testator was indebted to another in the summe of 2500 l. by Obligation who commenced Suit against her and had a Recovery in the Town Court of New Windsor And that she had not Goods over and above c. and this pleaded at large with an averment that she as Executrix is the same Person against whom that recovery was had and not other and diverse And that Iohn de Bohault in the Record aforesayd named and the aforesaid I. de B. in the Declaration aforesaid named one and the same Person and not other and diverse c. To this the Plaintiff replies and acknowledges it to be true that there was such an obligation and such a Recoverie but pleads that that Recovery was had by fraud c. The Defendant maintaines his plea and traverses the fraud and upon the traverse the plaintiff takes issue and had a
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
of their own proper injury and traverses the place to be the Kings high way and issue upon the traverse title Trespas 29 The Defendants plead in trespasse that a stranger was seized c. and enfeoffed certaine J. S. and R. B. and justifie the trespasse as servants to the Feoffees title Trespas 30 Trespasse assigned a new title Trespass 30 Justification to the new assignment for a foot way to the Church by prescription over the premises title Trespass 31 The Plaintiff by protestation sayes that the Defendant had no such way for plea that he trod down the Grasse out of the way c. the Defendant pleads not guilty thereto title Trespass 31 In trespasse the Defendants-justifie by vertue of a Demise the taking of a Mortuary c. title Trespas 32 The Plaintiff alledges the Custome of the Mortuary to be otherwise then the Defendants have pleaded title Trespas 33 The Defendant maintaines his plea in bar and traverses the Custome alleadged by the Plaintiff and issue upon the traverse title Trespas 34 In trespasse the Defendant pleads the Goods taken as a pawne for money lent title Trespas 35 The plaintif replyes that he took those goods De injuria sua propria without such cause c. title Trespas 35 In trespasse the Defendant justifies the taking of the Cattell as Strayes within his Mannor and traverses the place of Caption and issue upon the traverse title Trespas 36 In trespasse the Defendant pleads the property of the Horse in a stranger who in open Market sold it to the Defendant title Trespas 37 The Plaintif pleads the property in another stranger who sold to him and traverses the sale made to the Defendant title Trespas 37 In crespasse the Defendant iustifies for want of reparation of the hedges by the Plaintif title Trespas 38 In trespasse justification as the servants of a Vicar who was seized in right of his Vicaridge title Trespas 38 The Plaintif replies that the Vicar demised to him to which the Defendant by rejoynder maintaines his plea and traverses the Demise and issue upon the traverse title Trespas 39 In trespasse justification by vertue of a demise made to the Testator who bequeathed the same to his wife title Trespass 40 The Plaintiff replies that before the Demise c. the aforesaid Feoffee infeoffed the Plaintiff and others to the use of astranger c. title Trespass 41 The Defendant maintaines his Plea and traverses the Feoffment and issue upon the traverse title Trespas 42 In trespasse justification of taking of goods by the Defendants wife while she was sole from the Plaintiff title Trespas 43 In trespasse justification as a servant for killing Hoggs and Sheep by his Masters command title Trespas 46 The Plaintif replyes that he did it of his proper injury and traverses the Command and issue upon the traverse title Trespas 47 In trespasse justification for a Horse and Foot way by prescription leading from one Village to another title Trespas 47 The Plaintiff replyes that he did it of his owne proper injury and traverses the Prescription and issue upon the traverse title Trespas 48 In trespasse a License pleaded by the Defendant title Trespas 48 The Plaintiff replyes that he did it of his own proper injury traverses the License and issue upon the traverse title Trespas 49 In trespas and battery a justification by the Defendants as Magistrates for that the Plaintif was suspected to be a Felon title Trespas 49 The Plaintiff replyes that they did it of their proper injury without any such cause c. title Trespas 50 In trespasse assault and battery justification by vertue of a Warrant of the Peace title Trespas 54 The Plaintiff replyes that he offered security and traverses the denying to come before the Justice and issue upon the traverse title Trespas 51 In trespasse justification by the Statute of Winchester for taking and detaining of him in his Watch at unlawfull houres suspiciously travelling title Trespasse 52 In trespasse and Assault c. justificacation by a Constable for taking a Whore making disturbance of the peace title Trespasse 53 The Plaintiff replyes that they did it of their proper injury without any such cause c. title Trespas 54 In trespasse assault and imprisonment justification by vertue of the Statute of Richard the second made against Vagrants and Vagabonds c. title Trespas 54 The Plaintiff replyes that he dwelt at E. in the County of S. exercising there his trade of a Taylor and traverses the being a Vagrant and issue upon the traverse title Trespas 56 In trespasse and imprisonment justification the seizing of the Plaintif as a Ward within age for that the Father held of the Defendant in Knights service c. 56 The Plaintif by protestation that the Father did not dye seized For plea that he held by fealty and rent of twenty pence onely for all services and traverses the holding in Knights service and issue upon the traverse title Trespas 57 In trespasse and assault against the Man and the Wife the Man pleads not guilty and Seâ—-assault demesne for his Wife and issue upon it title Trespasse 58 In trespasse and assault one Defendant pleads seu assault demesne and the to her justifies as parting a fray title Trespas 58 The Plaintif replies that they did it of their owne proper injury with out such cause c. title trespass 59 In trespasse and assault and Agreement pleaded title trespass 59 The Plaintif pleads there was no such agreement and thereupon takes issue title trespass 60 Justification in assault and Battery by a Vicar for disturbance in the Church c. title trespass 60 The Plaintif replies that he did it of his proper injury without such a Cause c. title trespass 60 In trespasse Justification in defence of his title to put the Plaintif out of the house c. title trespass 61 In trespasse Assault and Battery Justification by virtue of a Justice of Peace's warrant c. title trespass 63 The Plaintif replies that he did it of his proper injury and traverses the notice of the warrant and issue upon the traverse title trespass 65 Trespasse Assault and Battery a declaration in it especially drawn title trespass 65 The Defendant pleads an agreement in Assault and Battery title trespass 66 Justification in trespas for taking of cattell for Herriots title Trespas 66 The Plaintiff pleads by Protestation that as to one Cow no such custom for plea de seu tort demesne and traverses the place of taking ibid. And as to the other cow the Plaintiffe sayes the Defendant took the Cow de seu tort demesne and traverses the Custom and issues taken upon both traverses title trespas 67 68 In trespasse justification for cutting of Wood for Estovers by prescription 69 The Playntiffe replyes the freehold was in him at the time c. and traverses the prescription issue taken upon the traverse title trespas 70 In trespas all the Defendants plead not guilty as to the force armes and one as to the rest of the tresprs and the other justifie by Vertue of a Warrant title trespas 71 The Plaintiff replyes that they did it of their proper injury without such cause c. title trespas 72 Traverse of the dying seized and issue thereupon title Assize 12 Trespas upon the case upon an in simul Computasset title trespas upon the Case 89 Trespas upon the case upon a warrantie of goods title trespas upon the Case 89 V. VErdict in Assize title Assize 13 Verdict Especiall in Audita qurela 19 Verdict and judgement in Maintenance upon the Statute of Maintenance 92 WIthernam the entrie of it and a Pone title Statute of Maintenance 103 Withernam the returne of it title Statute of Mayntenance 104 Withernam and a Returno haben do in one Writ 105 FINIS
verdict and judgment for 271. l. 13. 5 d. ob dammages and 15 l. 19. s. Costs thereupon recovered Whereof a Fifa issued for the Dammages of the proper Goods and a Casa for the Costs and charges after a Devastavit returned upon a Testatum Fifa H L. complaines of R. D. in the custody of the Marshall Declaration Case by way of deceipt in a bargain c. wherefore whereas he the same H. had such a day yeare and place Covenanted and bargained with the aforesaid R. well and sufficiently to make fabricate and burne for him the said H. 80 thousand of Bricks for a certaine summe of mony that is to say for 8. l. to the aforesaid R. before hand paid and afterwards to be paid And the same R. had promised and assumed upon himselfe the aforesaid 80 thousand of Bricks well and sufficiently to make fabricate and burne and to him the said H. at a certaine day last past to wit such a day c. to deliver yet the aforesaid R. plotting the aforesaid H. craftily and subtilly to deceive and defraud 60 thousand of the Bricks about the time aforesaid he so negligently and improvidently he made fabricated and burnt That the aforesaid 60 thousand of Bricks for want of due making fabricating and burning of them would in no manner be serviceable for the aforesaid H. for the doing of the work and business they were to be employed about by which the businesse and work of him the said H. is much hindred and worsted whereupon he saith that he is damnified and hath damage to the value of 40. l. And thereupon he brings his Suit c. MIdd ss Richard Gresham Knight Citizen and Alderman of London complaines of Thomas Bridges in the custody of the Marshall Action of the Case for scandall of an Alderman of London for saying he was an Extortioner c. c. for that that is to say Whereas he the same R. is a true loyall and faithfull Subject of our Lord the King that now is and as a true loyal and faithfull Subject of our Lord the King without any crime of falsitie deceipt or extortion or of any other hurtfull crime from the time of his Nativity hitherto he hath governed and behaved himselfe And of such unblemished honesty and conversation hath been reputed and taken amongst all the faithfull Subjects of our Lord the King unspotted of any wicked crime of falsity Theft Robbery or Extortion or of any manner of deceipt and so for the whole time aforesaid was reputed As also with the most excellent and mighty Prince King Henry the 8th by the Grace of God c. was so taken and judged And thereupon in diverse weighty and difficult businesses of him the sayd Lord the King was used and employed in and into the Office first of one of the Sheriffs of London aforesaid and next Major of the same Citty by occasion of the premises was chosen and with unanimous free and voluntary consent and friendly election of all the Citizens of the City aforesaid was established and constituted and by force thereof the government tutelage and care of the said City and Common-wealth of the same under our Lord the King as a faithfull Deputy of our Lord the King as Major of that City by a whole yeare from the Feast of the holy Apostles Simon and Jude in such a yeare c. unto that Feast then next following he took upon him and had And by the same whole time that City as a faithfull Deputy of our Lord the King he kept and preserved safe and unhurt As also with all the Nobles Pears and Privy Counsellors of our Lord the King And all the great and eminent Persons of this Realme of our Lord the King and withall other the Subjects of our Lord the King of whatsoever state or condition for the whole time aforesaid as such a true loyall and faithfull Subject as is aforesaid from whatsoever crime of falsity or extortion to any the Subjects of our Lord the King hath been accepted and taken to be unspotted and untouched yet the aforesaid T.W. not ignorant of the premises c. of his own perverse malicious and wicked will plotting him the said R. of such his credit state honesty and reputation falsely maliciously subtilly and wickedly to deprive such a day and yeare those false English words following to the aforesaid R. in the presence and hearing of diverse siege and faithfull Subjects of our Lord the King at W. in the County of Middlesex with great oaths he did speak and pronounce that is to say you are a Powler and an Extortioner And the Country meaning the County of Suffolke is the worse by a thousand pounds for you And this I will prove by reason of which said false scandalous and malicious words he the said R. is not onely very greatly vexed and grieved in his body and by disbursing diverse summes of mony for charges and expences about the prosecution of his Suit in that bbehalfe for the purging of himselfe of the premises is very much damnified But also the same R. into very great distrust and infamy aswell with our Lord the King and his Councell aforesayd as with the Nobles and Pears of this Realm of our Lord the King of England as also with all other the faithfull Subjects of our Lord the King is by that means brought and fallen into To the damage of him the sayd R. 100. l. And thereupon he brings his Suit J Fisher Haberdasher Declaration against one for frequenting Company with another mans Wife unlawfully and dishonestly complains of Richard Washington Gent. of of a Plea of Trespas upon the Case And whereupon the same I. by c. complaines that whereas he the sâ—me I. F. by the space of ten years and more at London in the Art of a Haberdashers craft and other Arts with his Neighbours and other the liege people of our Lord the King well and lawfully hath used and exercised and by that occasion many great gaines profits and commodities to himselfe thereupon by the time aforesaid hath gotten and obtained And hath been of good name same and estimation as well with all his Neighbours as with divers other faithfull Subjects of our Lord the King taken and reputed By reason whereof many such faithfull Subjects of our Lord the King with the same IF for the time aforesaid before othermen they have had commerce and trading yet R. the aforesaid sufficiently knowing the premises plotting him the said I. as well in his Goods as in his aforesayd good name and estimation to hurt and worst and him the said I. to defraud of all such like gaines and profits which by reason of the exercising of his Art aforesaid by the time aforesaid he got and obtained And him the said I. F. into so great scandall and infamie to bring with all the faithfull Subjects of our Lord the King that the same Subjects of our Lord the King from