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
heer and by the Court here fully understood and mature deliberation being thereupon had for that that it seemes to the Court of our Lady the Queen here that the Plea aforesaid by the aforesaid Defendants above pleaded and the matter in the same contained are not sufficient in the Law to have returne of the cattell aforesaid or to debarre him the said Plaintife from having his Action aforesaid against the aforesaid Defendants It is considered that the aforesaid Plaintife ought to recover his damages against the same Defendants by occasion aforesaid But because it is not known to the Court of our Lady the Queen here what damages the aforesaid Plaintife hath sustained by occasion of he premises therefore it is commanded to the Sherife that by the Oath of honest and lawfull men of his County he diligently enquire what damages the aforesaid Plaintife hath sustained as well by occasion of the premises as for his Costs and Charges A writ of Enquiry of Damages awarded by him about his Suit in that behalfe layd out And the Inquisition which he shall thereupon make to our Lady the Queen from the day of Easter in fifteen daies wheresoever c. under the Scale c. and Seales c. he shall send together with the Writ aforesaid to him thereupon directed The same day is given to the aforesaid Plaintiff here c. At which day before our Lady the Queen at Westminster came the aforesaid Plaintiff by his Attorney aforesaid and the Sheriff to wit P. T. Esquire returned a certain Inquisition taken before him at G. in the County aforesaid the tenth day of Aprill in the thirtieth yeare of our Lady the Queen that now is by which it is found that the aforesaid Plaintiff had sustained Damages by occasion of the Premisses besides his Cost and Charges c. to six and twenty shillings and eight pence and for those Costs c. unto twelve pence therefore it is considered that the aforesaid Plaintiff should recover against the afore-Defendant his Damages aforesaid by the Inquisition aforesaid The Judgment for the recovery of the damages in form aforesaid assessed as also sixteen pounds for his Costs and Charges aforesaid to him the said Plaintiff by the Court of our Lady the Queen here of his assent of increase adjudged which Damages in the whole amount unto seventeen pounds seven shillings and eight pence And the aforesaid Defendants in mercy c. E. D. by his Attorney Withernam and Retorno Habendo in one writ offereth himselfe the fourth day against I. M. Gentleman of a Plea wherefore he took the Cattell of him the said E. and them unjustly detained against Sureties and Pledges and he came not and was sought for Therefore it is considered of that the aforesaid I. should go without day and the aforesaid E. and his Pledges of prosecuting to wit John Doe and Richard Roe should be in mercy and the aforesaid I. should have returne of his Cattell aforesaid c. and in what manner that Writ should be executed he should make known to the Keepers c. from the day of Saint Martin in fifteen daies At which day before the Keepers c. at Westminster came the aforesaid I.M. in his proper person And the Sheriff to wit W. N. Esquire returned the Writ aforesaid in all things served and executed in these words The Cattell formerly taken and in this Writ mentioned to the within named I. M. I could not return therefore by virtue of the same Writ I have taken in Withernam of the Cattell of the within named E. that is to say six and twenty Ewes to the value of the Cattell within mentioned formerly taken and the same to the within named I. M. I have caused to be delivered to be held untill the same I. should have return of the Cattell aforesaid by him formerly taken and the aforesaid E. is attached by the Pledges I. D. and I. F. afterwards to wit on Friday next after fifteen daies of the holy Trinity then next following before c. at Westminster came the aforesaid E. in his proper person and rendred himselfe to the Prison c. who by occasion of the Premises is committed to the Marshall c. and he praies that he may be admitted to the making of his Fine with the Keepers c. by occasion of the contempt aforesaid And he is fined by the Court of the Keepers c. to three shillings and foure pence which by commandement of the Court here he payed to D. W. Coroner and Attorney of the Keepers c. in the Court of the Keepers c. before c. for necessary Reparations in the Court here to be made and done therefore the same E. is to be thereof quit And upon this before c. at VV. came S. C. and R. S. and became Pledges and each of them became Pledge for the aforesaid E. as well for the Prosecuting his Complaint as of the Cattell aforesaid which to the aforesaid I. M. in the Court here before c. were adjudged by the default of him the said E. to be returned if the return of them should be adjudged each of the Pledges aforesaid under the pain of ten pounds which said Sum of ten Pounds the Pledges aforesaid and either of them by himselfe acknowledges to be made of his Lands and Chattels and to the use of the aforesaid I. to be levied if it shall happen that the aforesaid E shall not deliver the Cattell aforesaid to the aforesaid I. c. upon which the same E. by the Statute praies the Writ of the Keepers Second Deliverance granted c. of second deliverance and it is granted unto him c. By which Command was given to the Sheriff that the Cattell aforesaid to the aforesaid E. without delay he should cause to be delivered and that he should put by sure and safe Pledges the aforesaid I. M. that he be before c. in eight daies of Saint Michaell c. to answer the aforesaid E. of the aforesaid taking and detaining of the Cattell aforesaid the same day is given to the aforesaid E. c. at which day the Plaint aforesaid was adjourned by the Writ of the Keepers c. of common adjournment before c. at W. unto the Morrow of all soules At which day before c. at W. aforesaid came the aforesaid E. in his proper person And the Sherife returnes that before the comming of the Writ aforesaid to him thereupon directed those Cattell by him in Withernam taken were removed afarre of to places unknown unto him by the aforesaid I. M. And therefore after the receipt and before the returne of that Writ the Cattell aforesaid to the aforesaid E.D. he could not cause to be delivered according to the purport of the Writ aforesaid And that the aforesaid I. is attached by pledges to wit I. D. and R.R. And upon this Command is given to the Sheriff that he take in
have alleged and that the aforesaid I. R. and H. were of the Tenements aforesaid with the appurtenances seised in their Demesn as of Fee untill the aforesaid G. W. and R. them the said I. and H. thereof unjustly and without judgement but not by force nor Arms they did disseize and they Assess the damages of them the said I. and H. by occasion of the premises aforesaid above their expences and costs by them about the prosecution of this Assize layd out to thirteen shillings and four pence Judgement upon the verdict and for those expences and costs to twenty shillings Therefore it is considered that the aforesaid I. R. and H. shall recover the seisin of the Tenements aforesaid in the Plaint aforesaid specified by the view of the Reviewers of the Assize aforesaid and their damages and costs aforesaid above assessed which said damages in the whole amount unto thirty three shillings and four pence and the aforesaid G.VV. and R. in mony c. Mony c. SIr Iohn Knill and Hugh Lochard have arraigned an Assize of novell disseisin against G. H. and others The charge given to the Jury upon the foregoing assize and supposeth them to be disseised of their Free-hold in H. and have made their claim for a Messuage and eighteen Acres of Land with the appurtenances thereunto hath come the same G. by his Attorney and saith that the Assize thereof between him and the said I. R. and H. L. ought not to be for that he saith as in his Plea and the aforesaid W. and others Defendants say that they have done no wrong nor no disseisin unto the said Plaintiff of the aforesaid Tenements and of that they have put them upon the Assize and the Plaintiff also and then rehearse further the title of the Plaintiff in his reputation and the issue that is joyned thereupon and then thus so your charge is whether that W. B. dyed seised in his Demesn as of Fee of the Messuage and eighteen acres of Land put in view and specified in the Plaint as the said G. H. hath alleged in his Bar or not and also whether the said W. H. and other Defendants disseised the Plaintiffs of the Tenements aforesaid or not if you find that the same W. B. dyed not seised as the Plaintiff hath alleged you shall enquire whether the Plaintiffs were seised of the Tenements put in view and specified in the Plaint in their Demesn as of Freehold and disseised by all the Defendants or any of them and whether the disseisin was done with force or not and if you find the said A.B. dyed not seised and that the Plaintffs were seised of the Tenements and disseised by the Defendants or some or any of them you shall enquire what damage the Plaintiff hath sustained by reason of the disseisin and also for the costs about the sute of this Assize and if you find that W. B. dyed seised in his Demesn as of Fee and that the Defendant disseised not the Plaintiff you shall enquire no further and this is your charge c. ACTIONS OF AUDITA QUERELA AUDITA QUERELA ss THE Lady the Queen hath sent to her Justices of the Pleas assigned to be held before her Audita Querela upon an Escape by a Bailiff of a Libertie her Writ in these words ss Ellzabeth c. To our Justices of Pleas in our Court before us assigned to be held Greeting Wee have received by the grievous complaint of Thomas Boyton of c. in the County of Suffolk Clerk otherwise called c. That whereas one William Andrews Citizen c. and Lewis Simpson Citizen c. London lately in our Court before us at Westminster by Bill without our Writ and by the judgement of the same Court had recovered against him the said Thomas aswell a certain debt of 100. pounds as 10. pounds for their Damages which they susteined aswell by occasion of the detention of that debt as for their Expences and costs c. layd out whereof he is Convict And although after the rendring of that Judgement to wit the second day of July in the the 31. year of our Reign at Saint Edmonds Burie in the County of Suffolk that is to say within the Libertie and Franchise then of Roger Townsend Knight and Willam Drue Esquire of St. Edmonds Bury in the aforesaid County of Suffolk the same Thomas by John Pridie and Henry Doy by vertue of a certain Warrant lately before to the aforesaid John Pridie and Henry by the aforesaid Roger Townsend and William Drue made and directed by vertue of a certain Warrant to them the said Roger and William Dixie by one Philip Tilvey Esquire then Sheriff of the aforesaid County of Suffolk under the Seal of his Office made of and upon a certain VVrit of Capias ad fatisfaciendum o' the aforesaid William Andrews and Lewis Sympson of the Debt and Damages aforesaid lately before at the prosecution of them the said W. A. and L. from our said Court before us issued and to the Sheriff of the aforesaid County of Suffolk lately before directed and delivered VVhich said Roger Townsend and William Dixie then that is to say the aforesaid second day of July in the aforesaid 31. year of our Reign and before and after had full Retorn of all and all manner of Writs and Warrants within the Libertie aforesaid to be Executed and the Execution of them In Execution of and for the Debt and Damages aforesaid was then taken and arrested And in Execution deteined untill afterwards to wit the third day of November in the 31 year aforesaid the aforesaid K. T. and W D. the same T. B. at Lamby hath in this County of Surrey the Debt and Damages aforesaid to the aforesaid William Andrews and Lewis Sympson being in no wise satisfied permitted him to goe whether he would at large As the same Thomas by divers wayes and means which are convenient is ready to make appear yet the same W. and L. by reason of the judgement aforesaid for the Debt and Damages aforesaid against him the said Thomas in our said Court before us now lately prosecuteth And him upon that occasion to take and in our Prison under the Custodie of our Marshall of our Marshalsees before us to be deteined most unjustly have procured to his the said T. B. no little loss and grievance and against the Law of our Realm of England Whereupon he hath humbly implored us to provide for him in that behalf a fit remedie And because we would not that the aforesaid T. B. should in that behalf be in any manner injured and being willing to doe what is just VVee Command you that having heard the Complaint of the aforesaid T. B. in this behalf and calling before you the parties aforesaid and hearing hereto thereupon their severall reasons to him the said T. B. you should cause to be had full and speedy Justice as of right and according to the Law
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
was seized by the hands of the said I. as by the hands of his True Tenant And because aswell the said Rent unto the said T. was not paid as the said other Services were undone by two years next before the day of the said taking the said T. doth well avow the taking of the said Cattell in the said place in which c. as in parcell of the said Tenements of him the said T. in form aforesaid held Acknowledgeth the Avowment by the Plaintif Judgement that the Defendant shall have the retorn of the Cattell irreplegiable Defendant without day Plaintif in mercy Defendant avoweth the taking of the Cattell doing damage and the Plaintif prayeth that the Defendant may secure the deliverance unto him for that the same Defendant claymed no property in them And the Defendant find Pledges c. and within his Fee c. And the said I. saith that he cannot deny but that he holdeth of the said T. as of the said Mannor the said Tenements with th' appurtenances by the Services aforesaid Neither but that aswell the said Rent as those Services unto the said T. by the time aforesaid remained behind in the form which the said T. P. by his said Avowment hath supposed Therefore it is considered that the said T. shall got thereupon without day and that the said I shall take nothing by his said Writ but that he be in mercy for his false Clamour And that the said T. shall have the retorn of the said Cattell irreplegiable for ever ss AND the said M. by R.T. his Attorney commeth and defendeth the force and Injury when c. And doth well avow the taking of the said Cows in the said place in which c. and justly c. because he saith that he is seized and at the time of the said taking was seized in one Messuage and twelve acres of Meadow with th' appurtenances in the said Town of G. whereof the place in which c. the said Cows were taken is parcell in his Demesn as of Fee And for that he at the time of the said taking found the said Cows doing Damage in the said place in which c. the said M. those Cows in his ground and freehold so doing dammage took as to him it was lawfull And this he is ready to prove whereupon he prayeth judgement and the return of the said Cattel c. And upon this the said R. saith that the said M. as yet remaineth possessed of the said Cowes whereupon from which the aid M. hath claimed no property in the same Cowes desireth that the same M. may secure the delivery of the said Cowes unto the said R. and he findeth pledges of that delivery to be made that is to say R.T. of c. and W.S. of c. Therefore the said R. may have the delivery thereof c. And the said R. saith that he by any matter before alleged from his said action had ought not to be precluded Plaintif sayth that he was seized of one Messuage c. and that the same Plaintif and all those whose estate had used to have common c. in a certain Moor c. in which c. And so justifies using the common c. because he saith that he the day before the time in which it is supposed the said Cowes were taken and at the same time was seized of one Messuage and twelve acres of Meadow with th' appurtenances in G. and that the said R. and all his Ancestors and all those whose estate the said R. now hath had common of pasture in a certain Moor of the said M. called H. by the whole year and in six acres of Meadow with th' appurtenances in G. whereof the said place in which it is supposed the said Cowes were taken that is to say in the said Moor by all the year in the said Meadow after the grasse was cut and the Hay thereof coming made and carried away with all his Cattle depasturing and so faith that he for using his said common in the said place called H. put the said Cowes in the said Moor As it was lawfull for him to doe And this c. whereupon c. And the said M. saith that the said Moor and Meadow Defendant saith that the said Moor is his freehold without this that the Plaintif and all his ancestors c. used to have common c. Without this of him the said M. are the ground and freehold of the same M. and at the time of the said taking were without this that the said R. and all his Ancestors and all those whose estate the said R. now hath in the same twelve acres of Meadow had common of pasture in the said Moor and Meadow as the said R.G. before hath alleged And this c. whereupon c. as before prayeth judgment c. And the said R. saith that he and all his Ancestors whose estate the said R. now hath in the said Messuage and twelve acres of Meadow had common of pasture in the said Moor and Meadow as the said R. before hath alleged and this he prayeth that it may be enquired of c. ss AND the said R.A. by R.C. his Attorney cometh and defendeth the force and injury when Defendant allegeth that the Plaintif held of him by Homage fealty and three shillings rent and sute of Court and to render a Herriot at death or alienation of every tenant and that the Plaintif did not doe sute of court and so avoweth the taking c. c. and doth well avow the taking of the said Cattel in the said place in which c. and justly c. because he saith that the said T. Harrington at the time of the said taking supposed to be done and long before he was seized of one Mesuage and one Virge of Land with th' appurtenances in B. aforesaid whereof the said place in which c. is and at the said time of the said taking supposed to be done was parcell in his Demesn as of Fee and so seized the same held of the aforesaid R. A. as of his Mannor of B. in C. aforesaid by Homage fealty and three shillings Rent unto the said R.A. at the feasts of St. Michael the Archangell and the Annunciation of the blessed Virgin Mary by equall portions yearly to be paid by the Service to doe sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held And also by the service to render aswell after the death of every Tenant of the said Messuage and of one Virge of land Seised of services with th' appurtenances dying seised As after every alienation thereof made or to be made the best living thing which was of him the said Tenant by the name of Herriot Of which services the said R.A. was seized by the hands of the said T. H. as by the hands of his true Tenant that is to say of
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
say such a day and year aforesaid one E G. to whom the Sacraments and holy things then were to be administred and administrable was possessed of the aforesaid horse as of his proper horse And he being so thereof possessed long before the said time wherein c. delivered that horse to the aforesaid R.G. safely to be kept And that horse to him the said E. to be redelivered when he should be thereunto required And that also long before the said time wherein c. that is to lay the eleventh day of March such a yeer One R.R. to whom the Sacraments and holy things then were to be administred and administrable was possessed of the aforesaid Oxe as of his proper Oxe And so being thereof possessed long before the same time wherein c. delivered that Oxe to the aforesaid R.G. to be safely kept And that Oxe to him the said R.R. when he should be thereunto required to bee re-delivered By means whereof the aforesaid R. E. long before the aforesaid time wherein c. was of the said Oxe possessed And he being so of the same Horse and Oxe possessed the aforesaid E. G. and R. R. afterwards and long before the same time at Ewell aforesaid within the Parish aforesaid dyed By means whereof the Horse and Oxe aforesaid came and belonged to the aforesaid R.P. in the name of a Mortuary of them the said E. G. and R.R. By which the same R.P. as in his owne Right And the aforesaid A. and W. as servants of him the said R.P. and by his command the aforesaid time wherein c. the Horse and Oxe aforesaid at Ewell aforesaid found in the name of Mortuaries of them the said E.G. and R.R. they tooke and led away as it was lawfull for them to doe And this c. whereupon they pray judgement whether the action c. AND the Plaintiffe sayes that he ought not to be debarred from his action aforesaid c. because he saith That the Prior Parson of the Church aforesaid imparsonate in the same remaines and all his Predecessors aforesaid Parsons of that Church from time out of minde were used and accustomed to have of each person within the Precinct of the Parish of Ewell dying to whom the Sacraments and holy things at the time of his death are to be administred and administrable one living beast of the same so dying person if the same dying person have living beasts at the time of his death or one other better thing of his the said person so dying if at the same time he had no living beasts in the name of a Mortuary for Sacramentals to him so dying to be administred And that also within the same Parish of Ewell from the whole time aforesaid there is had such a custome that wheresoever any of the Parish aforesaid to whom Sacraments and holy things are to be administred and administrable at the time of his death within the Parish aforesaid doe dye having livings beasts or other things at the time of his death that then after his death his Executor or Executors of his last will or Administrator or Administrators of the goods and Chattels of him so dying were used and accustomed to have the first election of all and singular the beasts or of any other better things which were of him so dying at the time of his death And the same living beasts or other better things first chosen to bee taken and seized to the fulfilling of the Will of the Testator so deceasing And after such election of the living beasts or of other better things of such person dying by the Executor or Administrator of the goods of such so dying in forme aforesaid made That then the aforesaid Prior Parson imparsonate of the Church aforesaid or his Deputy by the whole time aforesaid were used and accustomed to have to himselfe of the beasts or of other things residue which were of the aforesaid so dying person at the time of his death the best beast or other better thing of his so dying by his Executors or Administrators formerly in no wise taken or seized for his Mortuary And the aforesaid R. and M. say that the aforesaid E.G. and I.R. long before the said time wherein c. And at the time of the death of them were possessed of the aforesaid Horse and Oxe as of their proper Horse and Oxe And so being thereof possessed at Ewell aforesaid constituted the aforesaid R.G. Executor of their last Wills And long before the aforesaid time wherein c. By means whereof the said R.G. after the death of the aforesaid E.G. and R.R. as Executor of the Testament and last Will of them the said E.G. and R.R. long before the said time wherein c. the aforesaid Horse and Oxe as the best living beasts of the aforesaid Testator took and seized to the fulfilling of the execution of the Testament of the aforesaid Testators By which he the said E.G. long before the said time wherein c. was of the same Horse and Oxe possessed untill the said R.P.A. and W. in the said time wherein c. the same Horse and Oxe out of the possession of him the said E. G. they took and led away in manner and forme as the same E.G. above against them complaineth And this c. Whereupon for that the aforesaid R.P.A. and W. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages upon that occasion to be adjudged unto him c. The Defendant maintaines his plea in bar and traverses the custome pleaded by the Plaintiffe Traverse AND the aforesaid R.P.A. and W. as to the aforesaid residue of the Trespasse aforesaid supposed to be done sayes as formerly that the aforesaid Prior is and at the said time wherein c. was Parson of the Church aforesaid imparsonate in the same and that he and all his predecessors and so recite as in the first plea in bar of the Defendant Without that that within the aforesaid Parish of Ewell from time out of minde c. there was had such a custome that whensoever any of the Parish aforesaid to whom Sacraments and holy things at the time of his death are to bee administred or administrable do dye within that Parish having livings beasts or other things at the time of his death that then after his death his Executor or Executors of his will aforesaid or the Administrator or Administrators of the goods and Chattels of him so dying were used and accustomed to have the first election of all and singular the livings beasts or of any other better things which were of his so dying at the time of his death And the same living beasts or other bette things first chosen to take and seize to the fulfilling of the Execution of the Testament of such Testator so deceasing as the aforesaid R.G. above by pleading hath alleadged And this c. Whereupon they pray judgement And that he the said E.G. may bee
And the same B. so being thereof possessed the Falcon aforesaid with the Belles and Varvils aforesaid out of his hands and possession did casually lose which said Falcon afterwards that is to say such a day year and place to the hands and possession of the aforesaid J.G. by finding came Judgement had for the Plaintiffe and damages 18 l. 16 s. and 8 d. And the aforesaid J.G. knowing the Falcon aforesaid to be the proper Falcon of the aforesaid B. to him the said B. of right to belong and pertain that Falcon although often required c. to render or deliver hath wholly refused And that Falcon voluntarily hath used and handled so ill so that that Falcon by the ill usage and handling aforesaid afterwards to wit such a day year and place dyed to the damage of him the said B. 40 l. And thereupon he brings his suit c. Ss A B. complaines of W. B. in the custody of the Marshall Declaration for keeping a dog accustomed to bite sheep c. for that that is to say whereas the aforesaid W. did knowingly keep and retaine a certaine Dog accustomed to bite sheep at M. in the County aforesaid which said Dog ten Ew-sheep and ten lambs of him the said A. to the price of 4 l. at M. aforesaid found such a day and yeare and place did so grievously bite that those sheep and lambs by the biting of the Dog aforesaid then and there dyed Whereupon the same A. saith that he is worse and hath damage to the value of 10 l. And thereupon he brings his suit The like with some addition Ss B. F. complaines of R. W. in the custody of the Marshall c. for that that is to say whereas the aforesaid R. such a day yeare and place a certaine Dog accustomed to bite sheep he knowingly retained which said Dog the day and year aforesaid at H. aforesaid the sheep that is to say a hundred and fifteen Ewes and eighty Weathers of him the said B. did chase and bite so that by the chasing and biting eighty of the Ewe sheep of the sheep aforesaid of the price of 40 l. dyed and forty of the Weathers aforesaid of the price of 30 l. dyed in like manner And the residue of the aforesaid Ewe sheep great with young cast their lambs abortive And the residue of the Weather sheep were much worsted And other harmes c. Norfolk HEnry Darcy Knight complaines of Iohn Leigh Gentleman in the custody of the Marshall Declaration upon warranty of a Hawk c. for that that is to say whereas the aforesaid I. such a day yeare and place in the County aforesaid in consideration of 5 l 2 s. and 6 d. of lawfull money of England to him the said I. by the aforesaid H. before hand payed had bargained and sold to the aforesaid H. a certaine Hawk called a Gos-hawk the same I. in consideration thereof then and there warranted the Gos-hawk aforesaid to him the said H. to be sound and in good health whereas in truth that Gos-hawke then and there was troubled with divers great infirmities and much grieved of which said infirmities the Hawke aforesaid such a day then next following at O. aforesaid dyed By which the same I. at O. aforesaid the aforesaid H. of the Hawk aforesaid and of the aforesaid 5 l. 2 s. and 6 d. against the forme of the Warrant aforesaid falsely and fraudulently deceived to the damage of him the said H. twenty Marks And thereupon he brings his suit c. A B. complains of I.P. the elder and I.P. the younger in the custody of the Marshall Declaration for making of a banke by which the Plaintiffes land was downed c. of a plea wherefore whereas a certain course of water called C. ought to run in a certaine stream at C. in the County aforesaid for the serving of the Lands and Tenements near the Water-course aforesaid the aforesaid I. and I. not ignorant of the premises plotting the aforesaid A. to worse and hurt in his Lands and Tenements goods and chattels a certaine banke on crosse the Water-course aforesaid at C. aforesaid they made by reason of which the water aforesaid was hindered of his course aforesaid By which six hundred acres of Pasture of his the said A. neer adjoying to the VVater-course aforesaid was so extraordinarily drowned that the same A. the profit of that his pasture for a great time he lost VVhereby he sayes he is worsted and hath damage c. SS W. J. Mercer complaines of T. B. in the custody of the Marshall Declaration against an Inne-keeper for selling his guests horse c. for that whereas the same T. such a day year and place a certaine horse of his the said W. of the prâ—ce of 15 l. to have kept in the Stable of the aforesaid T. and there to be fed and dressed and that horse safely and soundly to be kept and to him the said W. when he should be thereunto required to be redelivered and in consideration of a certaine summe of money between them agreed upon that is to say for every day and night as long as the horse aforesaid with the aforesaid T. as is aforesaid should happen to be three pence at London aforesaid in the Parish and Ward aforesaid had assumed upon himselfe yet the aforesaid T. plotting the aforesaid W. falsely deceitfully and fraudulently in that behalfe to deceive and defraud the horse aforesaid although often required c. to the aforesaid W. he hath not re-delivered but that horse afterwards to wit such a day and year and place to a certaine unknowne man for 24. s. to him the said T. in hand payed falsely craftily and deceitfully he there sold and the money thereof comming to his own proper use he there converted disposed to his damage 30 s. c. Ebor. ss T. F. was attached to answer A. F. of a plea wherefore whereas the same A. had bargained to buy twenty Oxen of the aforesaid B.T. at B. the same T. knowing these Oxen to be fallen into divers diseases and infirmities Declaration upon warranty of cattell these Oxen by warranting them to be sound and in good health for a great sum of money the Oxen aforesaid to the aforesaid A. he falsely and fraudulently here sold to the damage of him the said A. 40. l. as he sayes And whereupon the same A. by S. L. his Attorney complaines that whereas the same A. such a day and yeare had bargained to buy of the aforesaid T. twenty Oxen at B. the same T. knowing these Oxen to be fallen into divers diseases and infirmities that is to say of such a disease those Oxen for a great summe of money that is to say for 60 l. warranting them to be sound and in health then and there sold falsely and fraudulently whereupon hee saith that hee is worsted and hath damage to the value c. AND the aforesaid T. by W.
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