of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Thomas and for default of such issue male of the Body of such ninth Son To the use of Rich. Vavasor Brother of the said Peter Vavasor Esq for term of his natural life without impeachment of any wast after his decease to the use of the Eldest son Lawfully begotten of the body of the the said Richard Vavasor and of the Heirs males of the Body of the said Eldest Son Lawfully begotten c. and so to the ninth Son of the said Richard and for default of such issue male of such ninth Son to the use of the Heirs males of the Body of Sir Peter Vavasor of Spaldington Knight Lawfully begotten And for default of such issue male To the use of the right Heirs of the said Richard Vavasor for ever c. Provided c. And farther the Recognitors aforesaid say upon their Oath aforesaid That the aforesaid TenemeÌ„ts with the appurtenances in their view put and in the plaint aforesaid specified and in the recovery aforesaid comprized are parcel of the Mannors Lands and Tenements in the Indenture aforesaid specified and not other nor diverse But whether the Indenture aforesaid after the recovery aforesaid by the aforesaid Peter Vavasor Esquire in form aforesaid made and had bearing date the aforesaid first day of February and first delivered the aforesaid 15th day of February in the 15th year abovesaid after the recovery aforesaid being to the uses in the same specified be good and sufficient in Law to have and declare the uses of the aforesaid recovery of the aforesaid Tenements in the view of the Recogniters put and in the plaint aforesaid specified with the appurtenances or not The said Recognitors are altogether ignorant and thereof pray the advice of the Justices aforesaid and of the Court here c. And if to the same Justices and to the Court here It shall seem That the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the aforesaid Recovery in form aforesaid had and made bearing date the aforesaid first day of February and first delivered the 15th day abovesaid after the recovery aforesaid To the uses in the said Indenture specified be good and sufficient in Law to read and declare the uses of the recovery aforesaid of the tenements aforesaid in the view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said Recovery of the Tenements aforesaid in view of the Recognitors aforesaid put with the appurtenances and in the plaint aforesaid specified was to the uses in the said Barr of the said Edward specified in manner and form as the said Edward in his Bar aforesaid above alleged And that the aforesaid George Richard Coats John William Robert Thissilwood and Robert Ward did not disseise the aforesaid Thomas Dowman and Elizabeth of the Tenements aforesaid in their view put and in the plaint aforesaid specified with the appurtenances as the said George Richard Coates John William Robert and Robart above have alleged And if it shall seem to the same Justices and to the Court here that the Indenture aforesaid by the aforesaid Peter Vavasor Esquire after the Recovery aforesaid in form aforesaid made and had bearing date the aforesaid first day of February in the 15th yeare aforesaid after the aforesaid Recovery is insufficient in Law to lead and declare the uses of the Recovery aforesaid of the Tenements aforesaid in view of the Recognitors put and in the plaint aforesaid specified Then the said Recognitors say upon their Oath aforesaid that the said recovery of the Tenements aforesaid was not to the uses in the said Bar of the said Edward specified in manner and form as the aforesaid Thomas Dowman and Elizabeth above have alleged and that the aforesaid Thomas Dowman and Elizabeth were seised of the Tenements aforesaid in the view of the same Recognitors put and in the plaint aforesaid specified with the appurtenances in their demesn as of Fee in the right of the said Elizabeth until the aforesaid Edward Vavasor George Vavasor Richard Coates John Lawson William Musgrave Kobert Thissilwood and Robert ward them the said Thomas and Elizabeth thereof unjustly and without Judgment but not with force and Armes disseised them and then they assesse the Damages of the said Thomas Dowman and Elizabeth by occasion of the disseisin aforesaid besides their costs and charges by them about their sute in this behalf expended to 20 shillings and for their costs and charges to 10 shillings And because the Justices here will avise themselves of and upon the premisses before that they give their Judgement thereof day is given to the parties aforesaid before the Justices here aforesaid at the Inn of the Justices in Chancery Lane London until Satturday next after a moneth of St. Michael next following c. to hear their Judgment thereof because the said Juste â—s here are not yet c. and diverse other meetings until Saturday nex after the morrow of All Souls c. Until Saturday next after the morrow of Martin c. And until Wednesday next after 8. dayes of the Holy Trinity c. At which day before the aforesaid Robert Shute and John Glench then Justices c. At the aforesaid Inn of the Justices As well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward George Richard Coats John William Robert and Robert by their Attornies come And because the Justices aforesaid here c Further day is given to the parties aforesaid before the Justices of the said Lady the Queen to take Assizes in the aforesaid County of York assigned at the aforesaid Castle of York until Monday the 6th day of August next comming c. Before which day the said Lady the Queen that now is By other her Letters Patents whose date is at Westminster in the year of her Reign the 24th the Tenor of which followeth in these words c. Elizabeth c. To our Beloved and Faithful John Clench Baron and Francis Gawdy one of her Serjants at Law Greeting Know ye c. And then follow the Letters Patents c. And because the same Justices here will farther avise themselves of and upon the premises before they give their Judgement thereof day c. Before them the said John Clench and Francis Gawdy then Justices c. At the aforesaid Inn until Saturday next after the morrow of All Souls c. At which day the aforesaid John Clench and Francis Gawdy then Justices of the Lady the Queen to Assizes in the aforesaid County of York at the Inn aforesaid came not but withdrew themselves from the said Inn because before the said day for the infection of the Air and of the Plague of Men in the City of London and the Suburbs thereof as also in the City of Westminster being the Term of St. Michael which then
at Westminster in the County of Midd. was holden at Westminster aforesaid unto the Castle of the Lady the Queen c. is adjorned c. and their holden c. Afterwards the said Lady the Queen By other Letters Patents Constituted John Clench and Francis Rodes one of her Serjants at Law Justices to Assizes in the a-aforesaid County of York c. And the said Justices by virtue of the said Lett. Patents Afterward that is to say Monday in the 4th week of Lent in the yeer of the Reign of the said Lady the Queen that now is the 25th At the Castle of York came before whom then and there come the aforesaid Thomas Dowman and Elizabeth by their Attorney aforesaid and pray a Writ of Reattachment to the aforesaid Edward George Richard Coats c. that they be before the Justices of the Lady the Queen at the next Assizes in her County of York to be taken assigned to be holdē at the afores Castle of York to hear the Record and their Judgement of the Assize aforesaid w hc was in the Court of the said Lady the Queen that now is at the Castle aforesaid so that that Assize then be here in the State as it was in the Court of the said Lady the Queen that now is before the aforesaid John Clench and Francis Gawdy Justices to Assizes c. At the aforesaid Castle of York the aforesaid Monday the 6th day of August in the year of the said Lady the Queen that now is the 24th in which day the Assize aforesaid was adjorned before the said John Clench and Francis Gawdy then Justices c. from the aforesaid Castle of York unto the aforesaid Inn of the Justices in Chancery Lane London untill the aforesaid Saturday next after the aforesaid morrow of All Souls then next following c. At which next Assizes holden at the Castle of York aforesaid Monday the 29th day of July in the yeer of the Reign of the said Lady the Queen that now is the 25th before the aforesaid John Clench and Francis Gawdy then Justices to Assizes c. came as well the aforesaid Thomas Dowman and Elizabeth by their Attorny aforesaid as the aforesaid Edward George Richard Coats Iohn William Robert and Robert by the aforesaid Thomas Hill their Attorny And the Sheriff that is to say Thomas Wentworth Esq now sent That the aforesaid Edward Vavasor George Richard Coats Iohn William Robert and Robert c. And upon this day is given to them before the Justices of the said Lady the Queen that now is of the Bench in the Bench at Westminster in the morrow of All Souls next comming to hear and receive what to the said Justices should seem in this behalf because the said Iohn Clench and Francis Rodes Justices to Assizes c. thereof not yet c. And the Assize aforesaid with all touching the same to the said Justices of the Bench is sent c. The Warrant of Attorny followes and the Writ of Resummons in the Roll and the Tenor of the Writ of Reattachment and Retorn of the said Writ Elizabeth c. To the Sherriffs of York greeting Reattach Edward Vavasor Esq George Richard Coats Iohn William Robert and Robert or their Bailiffs if they shall not be found before our Justices to Assizes in your County to be taken assigned at the Castle of York in your County upon Monday the 22d. day of Iuly then next to come to hear the Record and Judgement of the Assize of Novel disseisin which was in our Court at the Castle aforesaid which Assize Thomas Dowman Esq and Elizabeth his Wife there arraigned against them of 6. Messuages 300. Acres of Land 100. Acres of Meadow and 200. Acres of Pasture with the Appurtenances in Spaldington VVillytoft and Southcone So as they that Assize then be there in the same state as it was in our Court before Iohn Clench third Baron of our Exchequer and Francis Gawdy one of our Serjants at Law our Justices to Assizes in your County to be taken assigned At the aforesaid Castle of York Monday the 6th day of August last past which day the assize aforesaid for certain causes was from thence adjorned before the same our Justices unto the Inn of the Justices in Chancery Lane London Untill Saturday next after the morrow of All Souls then next following And have here the names of the Pledges and this Writ Iohn Clench at the Castle of York the 11th day of March in the yeer of our Reign the 25th Frankland Cresly The within named Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert hath not any thing nor any of them have any thing in my Baliwick by which they can be attached or any of them can be attached nor have they nor any of them hath a Bailiff or Bailiffs nor are they or any of them to be found in the same Thomas VVentworth Esq Sheriff And now here that is to say at VVestminster aforesaid at this day that is to say at the aforesaid morrow of All Souls came as well the aforesaid Thomas Dowman and Elizabeth by the aforesaid Henry Cressy their Attorny as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by Tho. Algar their Attony And because the Justices of the Bench here will avise themselves of and upon the premses before they give their Judgement thereof day is given to the parties here until 8. dayes of St. Hillary and so it is continued in 8. dayes of St. Hillary the yeer following At which day here come as well the aforesaid Thomas Dowman and Elizabeth as the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert by their Attornies aforesaid and upon this The premises being seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Indenture by the aforesaid Peter Vavasor Esq after the aforesaid Recovery in form aforesaid made and had was good and sufficient in the Law to lead the uses of the Recovery aforesaid of the Tenements aforesaid with the Appurtenunces so that the same Recovery of the Tenements aforesaid with the Appurtenances in the view of the Recognitors of the Assize aforesaid put and in the Plaint aforesaid specified by the aforesaid Andrew VVindsor VVilliam Vavasor Peter Vavasor the younger and John Laundere against the aforesaid Peter Vavasor Esq in form aforesaid had was to those uses in the aforesaid barr of the aforesaid Edward above specified in manner and form as the said Edward in his bar aforesaid above alleged Therefore it is considered That the aforesaid Thomas Dowman and Elizabeth take nothing by their Writ aforesaid but in mercy for their false clamour c. And the aforesaid Edward Vavasor George Richard Coats Iohn VVilliam Robert and Robert go thereof without day c. Audita Querela Easter Term Anno 80. of King JAMES Doctor Druries Case C. 8. part Fol. 139. a. AT another time as appeareth in
a sufficient replication on his part the said William prayeth Iudgement and that the said Robert from his action aforesaid against him to have be barred and the said Robert in as much as he sufficient matter in Law to him the said Robert his action aforesaid against the said William to have and maintain above by replying hath alleged which he is ready to aver which matter the aforesaid William doth not deny nor to the same in any wayes answereth but the averment aforesaid to admit doth altogether refuse as at first prayeth Iudgement and his debt aforesaid together with his damages by occasion of detayning his debt to be adjudged unto him c. And because the Iustices here will avise themselves of and upon the premises before they give their Iudgement thereof Day is given to the parties aforesaid here on 8 dayes of Saint Michael to â—ear their Iudgment thereof because the Iustices here thereof not yet c. Debt Trinity Term. Anno 10. of King James Rott 2413. In Brownlow the Common Pleas. The Case of the Mayor and Burgesses of Kings Lynne Concerning Misnaming of Corporations C. 10. part fol. 120. a. IOhn Payn late of Catton in the County aforesaid Gent. Executor of Norff. the Testament of John Payne late called John Payne of Kings Linne in the County of Norffolk Esq was summoned to Answer to the Mayor and Burgesses of Kings Lynne in the County of Norfolk of a Plea that he render to them 3000. pound which he unjustly deteineth from them c. And whereupon the said Mayor and Burgesses by Henry Bastard their Attorney say That whereas the aforesaid John Payne the Testator in his life the 27 th day of January in the year of the Reign of the Lord the King that now is c. The 6 th at Gaywood by his writing Obligatory had granted himself to be bounden to the said Mayor and Burgesses in the aforesaid 3000. pound to be paid to the said Mayor and Burgesses when thereof he was required yet the said John Payne the Testator in his life time the aforesaid John Payne the Executor after the death of him the Testator John Payne although often required the aforesaid 3000. pound to the said Mayor and Burgesses rendred not but the same denyed to them to render and the aforesaid John Payne the Executor doth deny the same yet to render to them and unjustly deteineth the same whereupon they say that they are the worse and have damage to the value of 100. pound and thereof bring Sute and bring here into Court the writing aforesaid which the debt aforesaid in form aforesaid testifieth c. whose date is the same day and year aforesaid c. And the aforesaid Iohn Payne Executor by Thomas Blofield his Attorney comes and defends the force and injury when c. And saith that hee of the debt aforesaid by virtue of the writing aforesaid ought not to be charged Because he saith That it is not the Deed of the said Iohn Payne the Testator and upon this puts himself upon the Countrey and the aforesaid Mayor and Burgesses likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of Holy Trinity in 3. weeks â—2 c. By whom c. And who neither c. To Recognize c. Because as well c. At which day the Jurors between the parties aforesaid of the Plea aforesaid were put between them in respite here untill this day that is to say in 8. dayes of Saint Michael then next following unlesse the Justices of the Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. upon Monday the 27 th of day Iuly next following at the Castle at Norwich in the County aforesaid first shall come And now at this day comes as well the aforesaid Mayor and Burgesses as the aforesaid Iohn Payne the Executor by their Attorneys aforesaid and the aforesaid Justices to Assises before whom c. Send here their Record in these words Afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and Iohn Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Justices of the said Lord the King to Assises in the County aforesaid to be taken assigned by the form of the Statute c. come as well the within named Mayor and Burgesses as the within written Iohn Payne the Executor by their Attorneys within written and the Jurors of the Jury wherefore within is made mention being called likewise come who to say the truth of the within conteined chosen tryed and sworn say upon their Oath That long before the making of the writing Obligatory within written The Lord Henry late King of England the 8 th the 7 th day of Iuly in the year of his Reign the 29 th By his Letters Patents under his Great Seal of England bearing date at Westminster the same day and year and to the Jurors aforesaid in evidence shewed Reciting by the said Letters Patents That whereas the said late King by his Letters Patents whose date was the 27 th day of Iune in the 16 th year of his Reign of his special grace and of his meer motion late had granted and by the said his Letters Patents confirmed for him his Heirs Successors to the Mayor and Burgesses and Inhabitants of his Borough of Lynn Bishop in his County of Norfolk that they for ever should be one body Corporate and one Cominalty perpetually in thing and name and that they should have perpetual succession and the name of the Mayor and Burgesses of the Borough of aforesaid Bishops Lynne in the County of Norfolk should have and bear and by the same name should be persons able and capable in Law to have purchase Lands Tenements Goods and Chattels other possessions whatsoever and to plead and to be impleaded answer and answered defend and might and could defend before any Justices whatsoever whether spiritual Judges or temporal in whatsoever Courts and in all and singular Actions Causes Matters Plaints and Demands of whatsoever kind they should be or nature in the same manner as the other the Leige people of the said late King persons able and capable in Law to plead and be impleaded to answer and to be answered defend or might defend and that the said Mayor and Burgesses and their Successors should have or might have one Common Seal for their businesses and others to be done within the Borough aforesaid happening or arising with divers other Liberties Franchisles Grants Articles and immunities in the said Letters Patents conteined and specified as in the said Letters Patents more fully and manifestly is appeared And whereas afterwards by a certain Statute late in Parliament of the said late King at London holden the third day of November in the 21
th year of his Reign and from thence adjorned to Westminster and there holden and from that time continued by divers prorogations untill the 4 th day of February in the year of his Reign the 27 th and then and there holden amongst other things it was enacted That the said late King Henry the 8 th his Heirs and Successors Kings of England should have hold and enjoy to him for ever the Lordships or Manor of Bishops Lynne and Gaywood amongst other with all and singular their Appurâ—enances As also all Liberties Franchises Goods and Chattels Waifes and Strays Views of Frank-pledge Courts profits of Courts and all and singular other Temporal possessions and Hereditaments with the appurtenances in Bishops Lynne and Gaywood aforesaid which late before then belonged to the late Bishop of Norwich as in the said Act of Parliament more fully appeared The said late King Hen. the 8th For that by the said Act the same Mannors and Possessions to him and his Heirs Kings of England were enacted and were willed and Ordained by the same his Letters Patents declared for him and his Heirs That the said Town of Bishops Lynne from thenceforth for ever should be named and called Kings Lynne and not by any other name and that the same name of Bishops Lynne from henceforth should be destroyed and deprived And further the said late King Henry out of his special grace and meer motion and for the love which he bore to the aforesaid his beloved and faithful Subjects The Mayor and Burgesses of his Borough of Lynne aforesaid in his County of Norfolk aforesaid and the said Borough and the Inhabitants of the same he had and bore desiring further peace quiet and tranquillity in the said Borough continually to be had and from time to time to be encreased from whence all prosperity utility and their accommodations undoubted take beginning had condescended and by the same his Letters Patents had granted for him his Heirs and Successors to the aforesaid Mayor and Burgesles and Inhabitants of his Borough aforesaid That they for ever after The name of Mayor and Burgesses of his Borough of Lynne Regis commonly called Kings Lynne in his County of Norfolk should have and enjoy and by the same name should be called and named and not by any other name And that by the same name they should be persons able and capable in Law to have and purchase Lands and Tenements Goods and Chattels and other possessions whatsoever and to plead and be impleaded answer and to be answered defend and might be defended before whatsoever Justices either Judges Temporal or Spiritual in what Court soever and in all and singular Actions â—â—uses Matters Plaints and Demands of what kind soever they should be or nature in the same manner as the other Liege people of the said late King were able and capable in Law to plead and be impleaded answer and be answered defend or might be defended as by the said Letters Patents to the Jurors aforesaid in evidence shewed amongst other things more fully appeareth And farther the Jurors say upon their Oath aforesaid That after the making of the said Letters Patents aforesaid that is to say the aforesaid 27 th day of Ianuary in the year of the Reign of the Lord the King that now is the 6 th within written The aforesaid John Payne the Testator in his life The writing Obligatory in the Declaration above specified made sealed and as his Deed delivered to the aforesaid Mayor and Burgesses of the Borough of the Lord the King of Lynne Regis commonly called Kings Lynne in his County of Norfolk in the aforesaid Letters Patents named By the name of the Mayor and Burgesses of Kings Lynne in the County of Norfolk But whether upon the whole matter aforesaid by them the said Jurors in form aforesaid found the writing Obligatory aforesaid in the Declaration within written be the Deed of the said John Payne or not the same Jurors are altogether ignorant and pray thereof the advise of the Justices and Court here c. And if upon the whole matter aforesaid by them the said Jurors in form aforesaid found It shall seem to the Justices here That the writing aforesaid in the Declaration within written specified be the Deed of the aforesaid John Payne the Testator Then the said Jurours say upon their Oath aforesaid That the writing aforesaid is the Deed of the said John Payne the Testator and then they assess the damages of the said Mayor and Burgesses by occasion of deteining of the debt within written above their Costs and Charges by them in their sute in this behalf expended to 12. pence and for their Costs and Charges to 12. pence And if upon the whole matter aforesaid by them the Jurors in form aforesaid found It shall seem to the Justices here That the writing aforesaid be not the Deed of the aforesaid John Payne the Testator Then the said Jurors say upon their Oath aforesaid That the writing aforesaid is not the Deed of the aforesaid John Payne the Testator aâ— the aforesaid John Payne the Executor above in pleading hath alleaged And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid untill c. To hear their Judgement thereof because the said Justices here thereof are not yet c. Dower Trinity Term Anno 80. Of King JAMES Edward Althams Case Co. 8. part fol. 14. a. THomas Lawrence and Marcy his Wife by Charles Cardinal their Attorny demand against Edward Altham Gent. and Margaret his Wife the Third part of 100. Acres of Land 10. Acres of Meadow and 60. Acres of Pasture with their Appurtenances in Gosfield as the Dower of the said Marcy of the Endowment of Thomas Nash the Elder sometimes her Husband c. And the aforesaid Edward and Margaret by John Rowley their Attorny come and say That the aforesaid Thomas and Marcy the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. Of the Endowment of the said Thomas Nash sometimes Husband c. Against them ought not to have because they say That the said Thomas Nash sometimes the Husand c. Was seized of the Tenements aforesaid whereof c. In his Demesn as of Fee and held the same of John Wentworth Esq as of his Mannor of Gosfield with the Appurtenances in the County aforesaid in Free Socage that is to say by Fealty only for all manner of Services and Demands And the said Thomas so of the Appurtenances whereof c. being seised The 10 th day of April in the yeer 1592. at Gosfield aforesaid made his Testament and last Will in writing And by the same his last Will willed and bequeathed the Tenements aforesaid with the Appurtenances whereof to one Zachary Nash Younger Son of the same Thomas Nash To have and to hold to the said Zachary for term of his
c. in Gosfield aforesaid entred and was thereof seised in his Demesn as of Freehold for the Term of his life And the said Thomas Lawrence and Marcy further say That at the time of the death of the aforesaid Thomas Nash sometimes Husband c. the aforesaid Zachary was within the Age of 21. yeers that is to say of three yeers by which the said Marcy whilest she was single as Guardian and for nurture of the said Zachary into the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid entred and was thereof possessed the aforesaid Thomas Nash the Son of the Tenements aforesaid with the Appurtenances in Wetherfiald aforesaid being seised and that the said Zachary of the Tenements aforesaid with the Appurtenances whereof c. in Gosfield aforesaid in form aforesaid being seised And the said Marcy in form aforesaid being possessed Afterwards and before the making of the aforesaid Writing of Release here in Court brought at Gosfield aforesaid It was concluded and agreed between the said Marcy whilest she was single and the aforesaid Thomas Nash the Son that the said Marcy should release to the said Thomas Nash the Son all her Dower happening to her after the death of the aforesaid Thomas Nash sometimes the husband c. in all Lands and Tenements of the said Thomas in Wetherfield aforesaid And that the said Thomas Nash the Son should enfeoff John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to the use of the said Zachary and the heirs of his body Lawfully begotten and the said Thomas Lawrance and Marcy farther say that the aforesaid Thomas Nash the Son of the Tenements aforesaid in Wethersfield aforesaid in the form aforesaid being seised and the aforesaid Marcy of the Tenements with the appurtenances whereof c. in Gosfield aforesaid being possessed the said Marcy afterwards that is to say the aforesaid 27th day of April in the year of the Reign of the said Lady Elizabeth late Queen of England the 35 th abovesaid whilest she the said Marcy was single at Gosfield aforesaid the aforesaid writing of Release to the aforesaid Thomas the Son sealed and delivered And the aforesaid Thomas Nash the Son the 28th day of April in the year of the Reign of the said late Queen the 35 th aforesaid at Gosfield aforesaid enfeoffed the aforesaid John Tiler the elder and John Tiler the younger and their heirs of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid To the use of the aforesaid Zachary and the heirs of his body Lawfully begotten and this they are ready to aver whereupon they demand Judgement and seisin of the third part of the Tenements aforesaid with the appurtenances whereof c. in Gosfield aforesaid to be adjudged to the said Thomas Lawrance in manner and form aforesaid and that the matters above in the replication aforesaid are not sufficient in Law them the said Thomas and Marcy the Dower of the said Marcy in the Tenements aforesaid with the appurtenances whereof c. against the said Edward and Margaret to have and maintain and that they need not nor by the Law of the Land are bound to answer and this they are ready to aver wherefore for default of sufficient Replication of the aforesaid Thomas and Marcy in this part the said Edward and Margaret as at first demand Judgement And that the said Thomas Lawrence and Marcy from the Dower of the said Marcy of the Tenements aforesaid with the Appurtenances whereof c. against them to have be barred And the said Thomas and Marcy for as much as they sufficient matter in Law the said Thomas and Marcy to have and maintain their Action aforesaid against the said Edward and Margaret above by Replication have alleged which they are ready to aver Which matter the said Edward and Margaret do not deny nor to the same any wayes Answer but the Averment aforesaid altogether Refuse to admit as before demand Judgement and seisin of the third part aforesaid to be adjudged unto them And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Michael to hear their Judgement thereof because the said Justices here thereof not yet c. Debt Ester Term 26. of Queen Elizabeth Rott 1608. RIchard Mauser late of London yeoman otherwise called Richard Mauser of Gillingham in the County of Kent Yeoman was summoned to Answer to William Painter Esq of a Plea that he render to him 40. pound whicb he oweth him and unjustly deteineth c. And whereupon the said William by Thomas Antrobas his Attorney saith That the said Richard the 6th day of April in the year of the Reign of the Lady the Queen that now is the 12th at London in the Parish of the blessed Mary of Bow in the Ward of Cheap by a certain writing Obligatory granted himself to be bounden to the said William in the said 40. pound to be paid to the said William in the Feast of the Ascension of our Lord then next following Yet the aforesaid Richard although often required the aforesaid 40 pound to the said William hath not yet rendred but the same to him hitherto hath denyed and yet doth deny whereupon he saith he is the worse And hath damage to the value of 10. pound and thereof he bringeth sute And he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie the date of which is the day and year aforesaid c. And the said Richard by John Cook his Attorney cometh and defendeth the force and injury when c. And prayeth the hearing of the writing aforesaid and it is read unto him in these words The Condition of this Obligation is such That whereas the within bounden Richard Mauser and John Mouser his Son by their deed of â—eoffment bearing date the date of this Obligation have given granted and confirmed unto the within named William Paynter and his Heirs all that parcel of Wood-land called South-wood conteining by estimation 10. Acres be it more or lesse lying together in the Parish of Gillingham within said and Bedherst in the County within said to the Lands of one Thomas Remsby towards the East West and North and to the Kings way towards the South as the same do more at large it appear If the said William Paynter and his Heirs shall and may at all times hereafter have hold and injoy all the aforesaid parcell of Wood-land with the appurtenances and charged or saved harmlesse of and from all and every former Bargain Sale Gift Grant Lease Right Copihold Dower Rent Charge and all other things and incumbrances whatsoever had made or suffered to be done by the said Richard Mauser or his Heirs or Assignes and also if
the said Richard Mauser and John Mauser his Son and their Heirs and the Heirs of either of them do at all times hereafter upon request to them or any of them made at the costs and charges of the said William Paynter his Heirs and Assigns make seal deliver acknowledge and do all and every such further reasonable Act and Acts thing and things devise and devises in Law as shall be reasonably devised or required to be done by the said William Paynter his Heirs or Assigns or his or their Counsel learned in the Law for the further assurance surety and sure-making of the aforesaid parcel of Woodland with the appurtenances unto the said William Paynter his Heirs and Assigns That then this present Obligation to be void or otherwise to remain in his force and vertue Which being read and heard The said Richard saith That the said William ought not to have his Action against him because he saith That the aforesaid William from the time of the making of the writing aforesaid untill the day of the bringing of the Original Writ of the said William that is to say the 16th day of October in the year of the Reign of the Queen that now is the 24th had held and enjoyed all the said parcell of Wood with the appurtenances called Southwood in the Condition aforesaid above specified kept free of and from all and singular former Bargains sales gifts grants demises rights joyntures dowers rent charges and from all other charges and incumbrances whatsoever had made or suffered to be made by the said Richard Mauser his Heirs or Assigns according to the form and effect of the Endorsment thereof And the said Richard Mauser further saith That after the making of the writing aforesaid and before the day of the bringing of the Original Writ aforesaid That is to say The 10th day of April in the year of the Reign of the said Lady the Queen that now is the 24th The aforesaid William Paynter at Gillingham in the County of Kent devised in writing a certain writing of Release between the said William Paynter and him the said Richard Mauser and the before said John Mauser and then and there required the said Richard and the said John that they would deliver the said writing as their Deed whereupon the said Richard the said writing at Gillingham aforesaid sealed and delivered as the Deed of the said Richard to the aforesaid William And further the said Richard saith That the said John Son of the said Richard in the condition aforesaid named upon the request of the said William made to the said John to Seal and deliver that writing as his Deed upon the shewing of the said writing of Release so devised because the said John was not lettered and could not read nor discern the contents or matter of the said writing at Gillingham aforesaid then required of the said William Paynter the writing aforesaid to be delivered unto him to shew the same to a man learned who could read the said writing to him so that he upon the reading of the contents of the writing aforesaid might inform himself whether that writing were made according to the Tenor of the Condition aforesaid or not and the said John said then and there That he would Seal and deliver that writing if that writing were according to the Tenor of the Condition aforesaid But the said William then and there refused to deliver to the said John the writing aforesaid to shew to a man learned in the Law who could read the same to the â—aid Iohn By reason of which The said Iohn did not seal nor deliver the writing aforesaid to the said William upon the request of the said William in manner and form aforesaid made And the aforesaid Richard Mauser saith That from the time of the making of the writing aforesaid untill the day of the bringing of the Writ aforesaid there were not any other farther Act or Acts devise or devises by the said William or his Counsel learned devised and required to be done to the aforesaid William Paynter for the further assurance security and sure making of the aforesaid parcell of Wood with the appurtenances by the said Richard Mauser and Iohn Mauser or any of them to the aforesaid William Paynter his Heirs and Assigns according to the form and effect of the Condition aforesaid to be done And this he is ready to averr whereupon he prayeth Judgement if the said William his Action aforesaid against him ought to have And the said William saith That the Plea of the said Richard in manner and form above pleaded is not sufficient in Law to Barr the said William to have his Action aforesaid against the said Richard and that he to that Plea in manner and form aforesaid pleaded needeth not by the Law of the Land to Answer and this he is ready to averr Whereupon for default of a sufficient Plea in this party The said William demandeth Judgement and his debt aforesaid together with his damages by occasion of deteining his debt to be adjudged unto him c. And the said Richard for as much as he sufficient matter in Law to barr the aforesaid William of having the Action aforesaid against the said Richard above hath alleged which he is ready to averr And which matter the said William doth not deny nor to the same in any manner Answer but the same averment to admit doth altogether refuse as before he demandeth Judgement and that the said William from his action aforesaid having against him the said Richard be barred c. And because the Justices here will advise of and upon the premises before they give Judgement day is given to the parties aforesaid untill the day after the Holy Trinity to hear their Judgement c. Because the said Justices hereof not yet c. At which day here come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and because the Justices here will further advise of and upon the premises before they give Judgement further day is given to the parties aforesaid untill in 8. dayes of St. Michael to hear their Judgement because the said Justices here hereof not yet c. At which day come as well the said William Paynter as the said Richard Mauser by their Attorneys aforesaid and upon this the premises considered and by the Justices here fully understood It seemed to the Justices here That the aforesaid Plea of the said Rich. Mauser above in Barr pleaded is not sufficient in Law the said Rich. as to barr the said Wil. to have his ActioÌ„ aforesaid against the said William Paynter above hath alleged Therefore it is granted that the said William Paynter recover against the said Richard Mauser his debt aforesaid and his damages by occasion of deteining of his debt to 20. pounds to the said William with his assent by the Court here adjudged and the aforesaid Richard in mercy c. Afterwards that is
them and to their Heirs males of their bodies or to the Heirs of their bodies lawfully begotten minding at the time of such gifts not only to prefer advance presently the donees but also their Heirs in blood of their bodies according to the limitatioÌ„ of the said gifts to the intent that the RecoÌ„pence for the service of such donees should not only be a benefit for their own persons but a continual profit and commodity to and for their Heirs coming of their bodies whereby such Heirs should have in special memory and daily remembrance the profit that they have and take by the service of their Ancestors done to the Kings of this Realm of England and thereby be the better incouraged to do the like service to their Sovereign Lords as to their duty and Allegiance appertaineth And because divers such Donees in tail and their Heirs daily before the making of the Act aforesaid have suffered by their assent false and feigned Recoveries to be had against them with common Voucher or otherwise of Mannors Messuages Lands Tenements or Hereditaments so given or provided in tail by the aforesaid Lord the King or his Noble Progenitors as is aforesaid to the intent by fraud loin and undue meanes not only to binde and defraud their Heirs inheritable by the limitation of such gifts but also the said Lord the King of his prerogative Wardship primer seisin and other his rights whereby Questions and diversity of opinions have risen and yet be Whether such false and feigned Recoveries against such Tenants in tail by their own consents of Lands Tenements or Hereditaments of which the Reversion or the Remainder were in the King at the time of such Recovery or Recoveries had should after the death of Tenant in tail binde the Heirs in tail or not For full Declaration thereof and to avoid and extinct from henceforth diversities of opinions in the like Cases It was enacted by the said Act That no such feigned recovery from henceforth after to be had by assent of parties against such Tenant or Tenants in tail of any Lands Tenements or Hereditaments whereof the reversion or remainder at the time of such recovery should be in the Lord the King should binde or conclude the Heirs in tail whether any Condition or Voucher should be in any such feigned recovery or not but that after the death of every such Tenant in tail against whom any such recovery should be had the Heirs in tail might enter have and injoy the Lands Tenements and Hereditaments so recovered according to the form of the gift in tail the said Recovery or any other thing or things hereafter to be had and suffered by or against any such Tenant in tail to the contrary notwithstanding And further by the said Act by authority of the said Parliament It was enacted That the Heirs of every such Tenant in tail against whom any such feigned Recovery should be had should take no advantage for any Recompence in value against the Voucheenor his Heirs as by the said Act amongst other things more fully it appeareth And the said Iohn further saith That the said Thomas so of the aforesaid one Moyety of the Island aforesaid and of the Râ—version of the other Moyety thereof in form aforesaid being seised The Recovery aforesaid in form aforesaid by the said Iohn Godfrey against the beforesaid Thomas Wiseman the Son was had and executed contrary to the form of the Statute aforesaid and this he is ready to aver Wherefore he demands Judgement and his Debt aforesaid together with his Damages by occasion of the detaining of the said Debt to be ajudged unto him c. And the said Richard Barnerd saith That the aforesaid Plea of the aforesaid Iohn Wiseman above by Replication pleaded and the matter in the same conteined are not sufficient in Law to maintain the said Iohn to have his aforesaid Action gainst the said Richard and that he unto the Plea aforesaid in manner and form aforesaid pleaded needeth not to answer by the Law of the Land And this he is ready to aver wherefore for default of sufficient Replication of the said Iohn in this part The said Richard demandeth Judgement and that the said John from having his Action aforesaid against him be Barred c. And the said John Wiseman for as much as he sufficient matter to have his Action against the said Richard by the Replication aforesaid hath alleged which he is ready to aver which matter the aforesaid Richard doth not deny nor to the same doth any wayes answer but doth altogether refuse to admit the averment aforesaid As before he demandeth Judgement and his debt aforesaid together with his damages for the deteining of his debt to be adjudged unto him c. And because the Justices here will advise of and upon the premises before they give Judgement thereof day is given to the parties aforesaid here in 8 bis of Saint Michael to hear their Judgement because the Justices here are not yet c. at which day here come as well the said John Wiseman as the said Richard Barnard by their Attorneys aforesaid upon which the Plea of the said John VViseman upon the Replication pleaded being seen and by the Justices here fully understood It seemeth to the Justices here that the said Plea and the matter in the same conteined are not sufficient in Law for the said John to have and maintain his Action aforesaid against the said Richard Therefore it is granted That the said John take nothing by his Writ aforesaid but that he be in mercy for his false clamour And that the said Richard go thereof without day c. Debt Hillary Term 34. Eliz. in the Kings Bench Rott 169. Westbies Case Co. 3. part MEmorandum that at another time that is to say the Term of Saint Lond. ss Michael last past before the Lady and Queen at Westminster came Titus VVestby by Thomas Cooke his Attorney and brought here in the Court of the said Lady the Queen then here his Bill against Thomas Skinner and John Catcher late Sheriffs of London in the Custody of the Marshal c. of a Plea of Debt And are Pledges of Sute Iohn Doo and Richard Roo Which Bill followeth in these words ss London ss Titus VVestby complaineth of Thomas Skinner and Iohn Catcher late Sheriffs of London in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being of a Plea that they render to him 440. pound of lawful Money of England which they owe him and unjustly do detein for that That is to say That whereas one Thomas Smith Gent Edward VVinter Gent. Anthony Bastard Gent. by the names of Thomas Smith of Camden in the County of Glocester Gent. Of Edward VVinter of VVorthington in the County of Leicester Cent. and Anthony Bastard of Alderbury in the County of Oxford Gent. the 20th day of Ianuary in the year of the Reign of the Lady
is the 35 th at Lugershall aforesaid dyed After whose death the said George Brown into the Tenements within written with the appurtenances in which c. upon the possession of the said Edmond Bridges William and Anthony Bridges Sons of the said Edmond thereof entred and was thereof seised as the Law requireth and so being thereof seised afterwards and before the aforesaid time in which c. that is to say the within written 22 th day of October in the 35 year aforesaid Demised to the said James the said whole Tenements within written with the appurenances in which c. To have and to hold to the said James and his assignes from the within written Feast of Saint Michael the Archangel until the end and Term within mentioned of 4 years from thence next ensuing and fully to be compleated by virtue of which demise the said James into the said Tenements within written with the appurtenances entred and was thereof possessed as the Law requireth upon whose possession of the said James the aforesaid Thomas Spencer as servant of the said Edmond Bridges and by his Commandment within written the time in which c. into the said Messuage and 26 Acres of Land entred and the said James from his Farm aforesaid thereof did eject But whether upon the whole matter aforesaid by the aforesaid Jurors in form aforesaid found the entry of the said Thomas Spencer into the aforesaid Messuage and 26 Acres of Land with the appurtenances upon the possession of the said James thereof be a good and Lawfull Entry in Law or not the said Jurors are altogether Ignorant and Pray thereof the advise and discretion of the Justices here c. And if upon the whole aforesaid matter It shall seem to the Justices and Court here that the aforsaid Entry of the aforesaid Thomas Spencer upon the possession of the said Iames Linche be not a good and Lawfull entry in Law then the said Jurors say upon their Oath that the said Thomas Spencer is guilty of the Trespass and Ejectment aforesaid in the aforesaid Messuage and 26 Acres of Land as the aforesaid Iames against him within complaineth and then they assess the damages of the said Iames by the occasion of the said Trespass and Ejectment above his charges and costs by him about his sute in his behalf expended to 4 pence and for his charges and costs to 12 pence and if upon the whole matter aforesaid It shall seem to the Justices and Court here that the aforesaid entrie of the said Thomas Spencer upon the possession of the said Iames be a good and Lawfull entrie in Law then the said Jurors say upon their Oath that the said Thomas Spencer is not guilty of the Trespass and Ejectment aforesaid in the said Messuage within alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgment thereof day is given to the parties aforesaid here until in 8 dayes of Saint Hillary to hear their Judgement thereof because that the said Justices here thereof are not yet c. at which day come as well the aforesaid Iames as the aforesaid William and Thomas by their Attornies aforesaid and because the Justices here will further advise themselves of and upon the premises before they give their Judgement thereof day farther is given to the parties aforesaid here until from Easter in 15 dayes for to hear their Judgement therof because the said Justices here are not thereof yet c. At which day here come aswell the said Iames by George Dancombe his Attorny as the said William and Thomas by their Attorny aforesaid and because the Justices here will farther avise of and upon the premises before they give their Judgement thereof further day is given to the parties aforesaid here until the morrow of Holy Trinity to hear their Judgment thereof because the said Justices here thereof not yet c. At which day here come aswel the aforesaid Iames by the aforesaid George Dancombe his Attorny as the said Willam and Thomas by their Attorny aforesaid and because the Justices here will avise of and upon the premises before they give their Judgement thereof further day is given to the parties here until in 8 dayes of St. Michael to hear their Judgment thereof because the said Justices here thereof are not yet At which day here come aswell the said Iames Linch by the aforesaid George Dancombe his Attorny as the aforesaid William Spencer and Thomas Spencer by their Attorny And upon this the verdict aforesaid being seen and by the Justices here fully understood it seemeth to the Justices here that the aforesaid entry of the aforesaid Thomas Spencer into the aforesaid Messuage and 26 Acres of Land upon the possession of the said Iames Linch is not a good and Lawfull entry in Law Therefore It is granted that the aforesaid Iohn Linch recover against the aforesaid Thomas Spencer his Term aforesaid yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and his damages aforesaid to 16 pence by the Jurors aforesaid in form aforesaid assessed As also 26 pound 9 shillings to the said Iames at his request for his charges and costs aforesaid by the Court here of increase adjudged which damages in the whole do amount to 26 pound 10 shillings and 4 pence and the aforesaid Thomas be taken c. And also the said Iames in mercy for his false clamor against the aforesaid William Spencer of the whole Trespass and Ejectment aforesaid and against the aforesaid Thomas Spencer of the residue of the Trespass and Ejectment aforesaid thereof the said William and Thomas and the Jurors aforesaid above be acquitted therefore the said William and Thomas go thereof without day c. and hereupon the said Iames prayeth the writ of the Lady the Queen to the Sheriff of the County aforesaid to be directed to give him possession of his Term yet to come of and in the aforesaid Messuage and 26 Acres of Land with the appurtenances and it is granted unto him retorneable here from the day of Saint Martin in 15 dayes c. Afterwards that is to say the 26 th day of November in the year of the Reign of the said Lady the Queen that now is the 40 th come here into Court the aforesaid Iames by the aforesaid George his Attorny and by a special warrant to him in that behalf made confessed himself to be satisfied of the damages aforesaid therefore the aforesaid Thomas of the said damages be acquitted c. Ejectione Firme Hillary Term 40. Elizabeth Rott 748. in the KINGS BENCH Adams and Lamberts Case C. 4. part fo 96. Buck MEmorandum That at another time That is to say in Michaelmass Term last past before the Lady the Queen at Westminster came Theophilus Adams Gentleman by Iohn Povey his Attorny and brought here in the Court of the said Lady the Queen then there his bill
year of our Lord 1595 above said in the University aforesaid at Cambridge aforesaid in the County of Cambridge was duly and lawfully ordained and made a Graduate of â—â—e University aforesaid that is to say Doctor in Physick according to the Lawes Statutes Constitutions and ordinances of the said University of Cambridge aforesaid and that he the said Thomas Bonham then and there had accomplished all things concerning his Degree aforesaid by his form without grace from time to time according to the Lawes Statutes Constitutions and Ordinances of the said University of Cambridge aforesaid By colour whereof the same Thomas Bonham a Graduate of the University of Cambridge aforesaid that is to say being Doctor in Physick in the form aforesaid who had accomplished all things concerning his Degree aforesaid for his form without any grace The said faculty of Physick from time to time in the said City of London that is to say in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap aforesaid did exercise as it was lawful for him to do until the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden together with c. the aforesaid 10th day of November in the 4th yeer abovesaid with force and Arms him the said Thomas Bonham at London aforesaid in the aforesaid Parish of the blessed Mary of Bow in the Ward of Cheap took and imprisoned and him there in Prison long that is to say by the space of 7. dayes against the Law and Custom of this Kingdom of England did detain as the aforesaid Thomas Bonham above against them complaineth and this he is ready to averr Whereupon in as much as the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden the Trespasse and Imprisonment aforesaid above have acknowledged The said Thomas Bonham demandeth Judgement and his damages by reason of the Trespasse and Imprisonment aforesaid to be adjudged unto him c. And the aforesaid Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden say That the aforesaid Plea of the aforesaid Thomas Bonham above by Replication pleaded is not sufficient in Law to the Action of the aforesaid Thomas Bonham against them the said Henry Atkins George Turner Thomas Moundford John Argent John Taylor and William Bowden to maintain and that they to that Plea in manner and form aforesaid by Replication pleaded need not nor by the Law of the Land are bound to answer and this they are ready to averr whereupon they demand Judgement and that the said Thomas Bonham from having his Action aforesaid against them to be barred And the aforesaid Thomas Bonham for as much as he sufficient matter in Law to maintain his Action aforesaid against the said Henry Atkins George Thomas Moundford John Argent John Taylor and William Bowden above hath alleged which he is ready to aver which matter the aforesaid Henry George Thomas Moundford John Argent John Taylor and William Bowden do not deny nor to the same any wayes answer but the same averment altogether to admit do refuse as at first he demands Judgement and his damages by occasion of the Trespasse and Imprisonment aforesaid to be adjudged to him c. And because the Justices here will avise themselves of and upon the premises aforesaid whereof the parties have put themselves to the Judgement of the Court aforesaid before that they give their Judgement thereof Day is given to the parties here until in 8. dayes of St. Hillary to hear their Judgement thereof because the Justices here are not yet c. Formedon Michaelmass Term Anno 37. 38. Eliz. Rot. 82. in the COMMON PLEAS Lincoln College Case C. 3. part fol. 53. a. Robert Chamberlain Esq by Apollo Plain his Attorny demandeth against the Warden or Rector and Scholars of the Blessed Lady Mary and All Saints of Lincoln in the University of Oxford the Mannors of Pettesho and Eckney with the appurtenances Except 120. Acres of Pasture in Pettesho aforesaid and 30. Acres of Pasture in Eckney aforesaid which Alured Cornburgh Esq Richard Danvers Esq Nicholas Statham and William Callow gave to Richard Chamberlain Esq and Sibil Fowler and the Heirs Males of the Body of the said Richard Chamberlain begotten And which after the death of the aforesaid Richard and Sibil and of Edward Son and Heir of the said Edward Chamberlain and of Leonard Son and Heir of the said Edward and of Francis Son and Heir of the said Leonard to the aforesaid Robert Son and Heir of the aforesaid Francis ought to descend by the form of the gift aforesaid c. Whereupon he saith That the aforesaid Alured Connâ—burgh Richard Danâ—â—rs Nicholas and William gave the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil and to the Heirs Males of the Body of the said Richard Chamberlain begotten in form aforesaid c. By which gift the said Richard and Sibil were seised of the said Mannors with the appurtenances that is to say the said Richard in his Demesn as of Fee and Right and the said Sibil in her Demesn as of Free hold by the form c. in the time of peace in the time of the Lord Ed. late King of England the 4th after the Conquest taking thereof the profits to the yeerly value c. And from him the said Richard the Right descended by the form to one Edward as Son and Heir c. And from him the said Edward the Right descended by the form c. to one Leonard as Son and Heir c. And from him the said Leonard the Right descended by the form c. to one Francis as Son and Heir c. And from the said Fran. Son of the said Leonard the Right descended by the form c. to this Robert who now demandeth as Son and Heir c. And which after the death c. And thereof bringeth Sute c. And the aforesaid Warden or Rector and Scholars by William Pain their Attorny come and defend their Right when c. And say That the aforesaid Robert Chamberlain his Action aforesaid against them ought not to have By protestation taking it That the aforesaid Alured Cornburgh Richard Danvers Nicholas Stathum and William Collow did not give the Mannors aforesaid with the appurtenances to the aforesaid Richard Chamberlain and Sibil Fowler in manner and form as in the Declaration aforesaid is alleged For Plea say That long after the time in which the gift aforesaid is supposed to be made Richard Lyster Gent. Martin Linsey John Cotesford John Clayton William Hogeson and Robert Taylor Clerks were seised of the Mannors aforesaid with th appurtenances in their Demesn as of Fee and so being thereof seised The aforesaid Sibil Great-Grandmother of the said Robert Chamberlain whose Heir the same Robert is The 5th day of May in the yeer of the Reign of the Lord Henry late King of England
the aforesaid Nicholas Evan and Thomas Hartop did not infeoff the foresaid Richard Lyster Martin John Cottesford John Clayton William Hogeson and Robert Taylor of the Mannors aforesaid with the Appurtenances By Protestation also That the aforesaid Sibil for the better security of the aforesaid Richard Lyster Martin John Cottesford Iohn Clayton William Hogeson and Robert Taylor in the Mannors aforesaid with the Appurtenances according to Agreement between them the said Edward Sibil first before the aforesaid Recovery above supposed to be had by her Writing of Release aforesaid did not remise and release to the aforesaid Richard Lyster Martin Iohn Cottesford Iohn Clayton William Hogeson and Robert Taylor as the aforesaid Warden or Rector and Scholars above in their Rejoynder have alleged By Protestation also That the aforesaid Edward Chamberlain at the day of the bringing of the Original Writ of the said Nicholas Evan and Thomas Hartop out of the Court of the Chancery of the aforesaid late King Henry the 8th that is to say the second day of Iune in the yeer of the Reign of the same late King the 4th or ever after was Tenant of the Freehold of the Mannors aforesaid with the Appurtenances For Plea The said Robert Chamberlain saith That the aforesaid Pâ—eâ— of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is not sufficient in Law to bar him the said Robert from having his Action aforesaid against the aforesaid Warden or Rector and Scholars aswel for that that the Rejoynder is a Departure from the aforesaid Barr of them the Warden or Rector and Scholars as for want of sufficient matter in the said Rejoynder contained And this he is ready to aver wherefore for want of a sufficient Rejoynder of the said Warden or Rector Scholars in this part The said Robert Chamberlain as at first demandeth Judgement seisin of the Mannors aforesaid with the Appurtenances to him to be adjudged c. And the Warden or Rector Scholars in as much as they sufficient matter in Law to bar the aforesaid Robert from having his Action aforesaid against them the Warden or Rector and Scholars above by rejoyning have alleged which they are ready to aver which matter the aforesaid Robert doth not deny nor to the same any wayes Answereth so to admit of the same averment altogether refused as at first demand Judgement And that the aforesaid Robert Chamberlain to have his Action aforesaid be barred And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Judgement because that the said Justices here therof not yet c. At which Day come aswell the aforesaid Robert as the aforesaid Warden or Rector Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of upoÌ„ the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until from the day of Easter in 15. Dayes to hear their Judgment therof because the said Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further Day is given to the parties aforesaid here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the said Justices here are thereof not yet At which Day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid and because the Justices here will further avise themselves of upon the Premiseâ— before they give their Judgement thereof further day is given to parties aforesaid here until in 8. dayes of St. Michael to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here come aswell the aforesaid Robert as the aforesaid Warden or Rector and Scholars by their Attornies aforesaid And upon this the premises being seen and by the Justices here fully understood It seemeth to the same Justices here That the Plea of the aforesaid Warden or Rector and Scholars above by Rejoynder pretended is sufficient in Law to barr the said Robert to have his Action aforesaid against the aforesaid Warden or Rector and Scholars Therefore it is granted That the aforesaid Robert take nothing by his Writ aforesaid that he be in Mercy for his false Clamour And that the aforesaid Warden or Rector and Scholars go thereof without Day c. Indictment At the Sessions of Gaol Delivery at Newgate 5 to Decembris in the 8 th Year of King JAMES Machalleys Case Co. 9. part fol. 61. b. AT the Sessions of Gaol Delivery of Newgate holden for the City of London at the Justice Hall in the Old Baily in the Parish of St. Sepulchre without Newgate in the Suburbs of the said City upon Wednesday the 5th day of December in the yeer of the Reign of the Lord James by the Grace of God of England France and Ireland King Defender of the Faith the 8th and of Scotland the 44th Before William Craven Knight Mayor of the City aforesaid Thomas Flemming Knight Chief Justice of the said Lord the King to Pleas before the King himself to be holden assigned George Snigg Knight one of the Barons of the Exchequer of the said Lord the King John Croke Knight one of the Justices of the said Lord the King to Pleas before the King himself to be holden assigned Thomas Foster Knight one of the Justices of the said Lord the King of the Bench Edward Bromley Knight one of the Barons of the said Lord the King of his Exchequer aforesaid John Sotherton another Baron of his Exchequer aforesaid Henry Mountague Knight Recorder of his said City of London and other of his Companions Justices of the said Loâ—d the King by Letters Patents of the said Lord the King to them and others and to any 4. or more of them thereof made To enquire by the Oaths of good and lawful men of the City London aswel within liberties as without by whom the truth of the matter might best be known of what Treasons soever Misprisions of Treasons Insurrections Rebellions And of whatsoever Murthers Felonies Man slaughters Killings Burglaâ—ies Misdeeds Offences and Injuries whatsoever within the City aforesaid committed in the said Letters Patents specified and to the said Treasons and other the premises according to the Law and Custom of the Kingdom of the Lord the King of England to hear and determine As also Justices of the said Lord the King to Gaol delivery of Prisoners there being assigned by the Oaths of Ralph Edmunds Leonard Harwood John Frost Edward Dames John Lyssant Francis Barton Edward Parnell Thomas Hyet Henry Kent Edward Motley
unto him Which being read and heard The said Richard saith That in the Record and Processe aforesaid and in the giving of the Judgement aforesaid it is in nothing erred and prayeth That the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer do proceed aswell to the Examination of the Record and Processe as to the aforesaid matters for Errors alleged according to the form of the Statute aforesaid And the aforesaid Attorny of the said Lady the Queen saith as above and prayeth likewise c. And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurey will avise themselves of and upon the premises before they give their Judgement thereof day is given here to the abovesaid Richard Bushop in the Chamber aforesaid until the next day after Tuesday falling the 3d. day of May to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer into the Chamber aforesaid the said Richard Bushop comes by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the abovesaid Richard Bushop in the Chamber aforesaid until the first Tuesday following the Term of the Holy Trinity to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the abovesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the Term of Michael next comming to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Treasurer in the Chamber aforesaid did not come But John Popham Knight and Edward Anderson Knight Chief Justices of each Bench come at the same day and then are there present according to the form of the Statute in such case made And the aforesaid Richard Bushop in the Chamber aforesaid comes by his Attorny aforesaid before the said Justices And the aforesaid Business and Sute of Errors by the said Justices is adjorned and continued by virtue of the said Statute until Tuesday next And the same day is given to the aforesaid Richard Bushop to hear their Judgement thereon c. At which day before the aforesaid Lord Keeper of the Great Seal and Lord Treasurer in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer are not yet avised of giving their Judgement of and upon the premises further day is given to the aforesaid Richard Bushopp in the Chamber aforesaid until Tuesday falling the 8th of November following to hear their Judgement thereof c. At which day before the aforesaid Lord Treasurer and the aforesaid Chief Justices present in the Chamber aforesaid comes the aforesaid Richard Bushopp by his Attorny aforesaid and because for the absence for the aforesaid Lord Keeper of the Great Seal in the aforesaid Businesse and Sute of Error it cannot be proceeded the same cause is continued and adjorned by them the Lord Treasurer and Chief Justices by virtue of the Act aforesaid made until Tuesday falling the 22th day of November then next following in the Chamber aforesaid And the same day is given to the aforesaid Richard Bushop in the same Chamber to hear his Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the aforesaid Justices in the Chamber aforesaid comes the aforesaid Richard Bushop by his Attorny aforesaid the aforesaid Lord Treasurer there then not comming the Business and Sute of Errors aforesaid is continued and adjorned by them the Lord Keeper of the Great Seal and the Chief Justices by virtue of the aforesaid Act thereof made until the second Tuesday in the Term of St. Hillary then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof At which day the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer came not in the Chamber aforesaid but the aforesaid Chief Justices of each Bench came into the same Chamber and are there present And the aforesaid Richard Bushop at the same day in the Chamber aforesaid before the said Justices likewise cometh by his Attorny aforesaid and the aforesaid Business and Sute of Errors is continued and adjorned further by virtue of the Statute aforesaid thereof made until the first Tuesday in the Term of Easter next following And the same day is given to the aforesaid Richard Bushopp in the Chamber aforesaid to hear their Judgement c. At which day before the aforesaid Lord Keeper of the Great Seal and the aforesaid Chief Justices comes here the aforesaid Richard Bushop in the Chamber aforesaid by his Attorny aforesaid and the said Lord Treasurer then and there not comming the aforesaid Business and Sute of Errors is continued and adjorned by the Statute aforesaid thereof made further until the last Tuesday of the aforesaid Term of Easter in the Chamber aforesaid and the same day is given to the aforesaid Richard Bushop in the Chamber aforesa to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer aforesaid come not But the aforesaid Chief Justices come into the same Chamber and are there present And the aforesaid Richard Bushop likewise cometh by his Attorny aforesaid and the aforesaid Business and Sute of Errors by them is continued and adjorned further by virtue of the Statute aforesaid thereof made until the first Tuesday in the Term of the Holy Trinity then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer then and there come not the aforesaid Business and Sute of Erors is continued and adjorned according to the form of the Statute thereof made further until Tuesday the 4th day of July in the same Term of the Holy Trinity the same day is given to the aforesaid Ric. Bushop in the Chamber aforesaid to hear his Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Ric Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal Lord Treasurer come not therfore the aforesaid Business Sute of Errors is
continued and adjorned according to the form of the Statute aforesaid further until the third Tuesday in the Term of St. Michael next following and the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgment therof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the 21th day of November in the same Term of St. Michael and the same day is given to th aforesaid Richard Bushop in the Chamber aforesa to hear their judgment thereof c. â—At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Businesse and Sute of Errors is adjorned and continued according to the form of the Statute aforesaid until the second Tuesday of the Term of St. Hillary next following And the same day is given to the afores Rich. Bushop to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer come not therefore the aforesaid Business and Sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further until the first Tuesday in the Term of Easter then next following and the same day is given to the aforesaid Richard Bushop in the Chamber aforesaid to hear their Judgement thereof c. At which day before the aforesaid Chief Justices in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid and because the aforesaid Lord Keeper of the great Seal and the Lord Treasurer come not therefore the Business and Sute of Errors aforesaid until the first Tuesday in the Term of the Holy Trinity next following And the same day is given to the aforesaid Richard Bushop in the Chamber afores to hear their Judgement thereof At which day before the aforesaid Thomas Egerton Knight Lord Keeper of the Great Seal and Thomas Lord Buckherst now Lord Treasurer of England in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorny aforesaid And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen as at first prayeth c. And because the aforesaid Lord Keeper of the Great Seal and Lord Treasurer will further avise of giving their Judgement of and upon the premises before c. Further day is given to the aforesaid Richard Bushop in the Chamber aforesaid until the second Tuesday in the term of St. Michael then next following to hear their Judgement therof c. At which day before the aforesaid Lord Keeper of the great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not avised yet of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp in the Chamber aforesaid untill Tuesday the 23th day of October the same Term of St Michael to hear their Judgement thereof c. At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid cometh the aforesaid Richard Bushop by his Attorney aforesaid and because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgment of and upon the premises day further is given to the aforesaid Richard bushopp in the Chamber aforesaid untill Tuesday the 30th day of the said Moneth of October the same Term of Saint Michael to hear their Judgement thereof c. At which day the aforesaid Lord Keeper of the Great Seal and Lord Tresurer do not come in the Chamber aforesaid but the aforesaid Chief Justices in the Chamber aforesaid come and the aforesaid Richard Bushopp at the same day in the same Chamber and before the same Justices likewise cometh by his Attorny aforesaid And the aforesaid business and sute of Errors is continued and adjorned by virtue of the Statute aforesaid thereof made further untill Tuesday the 6th day of November the same Term of Saint Michael and the same day is given unto aforesaid Richard Bushopp to hear their Judgement therof c. At which day neither the aforesaid Lord Keeper of the great Seal nor Lord Tresurer nor the aforesaid Chief Justices come unto the Chamber aforesaid Afterwards the said Lady the Queen that now is sent here another her writ close under her Great Seal out of her Court of Chancerie to the Tresurer and Barons of this Exchepuer directed the Tenor of which writ followeth in these words ss Elizabeth by the Grace of God of England France and Ireland Queen defender of the faith c. To the Tresurer and her Barons of her Exchequor Greeting Because in the Record and Process and because of giving of Judgement in the plaint which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the Term of the Holy Trinity in the yeer of our Reign the 37th by Bill between us and Richard Bushopp of certain Trespass and Intrusion in certain Woods with the appurtenances called Alton otherwise Aluington Wood conteyning by estimation 3000 Acres of Wood in Alton otherwise Aluington and Rock in our County of Worcestor manifest Error intervened to our great damage and because in the Statute in the Parliament of the Lord Edward late King of England the 3d. our Progenitor at Westminster in the 31th yeer of his Reign holden made amongst other things it is agreed unto and established that in all cases the King or other persons concerning where any one complaineth of Error done in process in the Exchequer the Chancellor and Tresurer cause to come before them in some Chamber of Councel nigh unto the Exchequer the same Record and process out of the said Exchequer and taking to them the Justices and other sages such as to them they shall seem to be taken to call before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and upon this business duly cause to be examined and if any Error should be found the same cause to be mended and the Rolls amended and after them into the Exchequer to do execution therof to be sent back as belongeth as in the said Statute it is conteyned We therefore willing Error if any such were according to the form of the Statute aforesaid to be corrected and full and speedy Justice to be
aforesaid are utterly Ignorant And thereof pray the Advise of the Justices aforesaid and of the Court here c. And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the same Justices and Court here c. That the aforesaid Christopher Digges the Father dyed seised of the Manors Tenements in the Monstrans de droit within written specified in his demesn as of Fee or of any part thereof with the Appurtenances Then the Jurors say upon their Oath aforesaid That the aforesaid Christopher Digges the Father dyed seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit specified or of so much thereof as to the same Justices shall â—eem the same Christopher so dyed seised in his demesn as of Fee as the aforesaid Christopher Digges the Son the aforesaid Edward Digges within pleading have alleged And if upon the whole mâ—ttâ—r aforesaid by the Jurors aforesaid in form aforesaid sound It shall seem to the same Justices and Court here c. That the aforesaid Chrâ—stopher Digges the Father dyed not seised of the Manors and Tenements with tâ—e appurtenances in the Monstrans de droit within written specified or of any parcel thereof in his demesn as of Fee Then the said Juror say upon ther Oath aforesaid That the aforesaid Christopher Digges the Father dyed not seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit within written specified or of so much thereof as to the said Justices aforesaid shall seem the same Christopher so not to dye seised of â—n his demesn as of Fee in his demesn as of Fee as the said Thomas Palmer and Margaret within pleading have alleged And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises are not yet avisâ—d day thereof is further given to the parties aforesaid in state is now before the Lady the Queen untill the morrow of the Holy Trinity wheresoever c. to hear their Judgement of and upon the premises c. because the Court of the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come as well the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And because the Court of the Lady the Queen here of giving their Jugement of and upon the premises are not yet avised further day is given to the parties aforesaid in sute as now before the Lady the Queen untill in 8. dayes of Saint Michael wheresoever c. to hear their Judgement of and upon the premises because the Court or the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come aâ—well the aforesaid Christopher Digges the Son and the said Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons and because the Court of the said Lady the Queen here oâ— giving their Judgement of and upon the premises are not yet avised day thereof is given to the parties aforesaâ—d before the Lady the Queen untill in 8. dayes of Saint Hillary wheresoever e. for to hear their Judgâ—ment thereof c. because the Court of the Lady the Queen here are not yet c. At which day before the Lady the Queen at Westminster come the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the said Thomas and Margaret in their proper persons and because the Court of the Lady the Queen here of giving their Judgement of and upon the premises are not yet avised further day is given to the parties aforesaid before the Lady the Queen untill from Easter day in 15. dayes wheresoever to hear their Judgement thereof c. because the Court of the Lady the Queen here thereof are not yet c. At which day before the Lady the Queen at Westminster come the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons And because the Court of the Lady the Queen of giving their Judgement of and upon the premises are not yet avised further day is given to the parties aforesaid before the Lady the Queen at Westminster untill the morrow of the Holy Trinity wheresoever c. to hear their Judgement hereof because the Court of the Lady the Queen here are not yet c. At which day before the Lady the Queen at Westminster come as well the aforesaid Christopher Digges the Son and Edward Digges by their Attorney aforesaid as the aforesaid Thomas Palmer and Margaret in their proper persons Upon which seen and by the Court of the Lady the Queen here all singular the premises here fully understood and mature deliberation thereof being had Because it seems to the Court of the Lady the Queen that now is here That the aforesaid Christopher Digges the Father dyed not seised of the Manors and Tenements with the Appurtenances in the Monstrans de droit aforesaid above specified or of any parcel thereof in his demesn as of Fee It is granted that the aforesaid Christopher Digges the Son and Edward Digges take nothing by their Writ aforesaid but for their false clamor thereof be in mercy c. And the aforesaid Thomas Palmer and Margaret go thereof without day c. Prohibition and Attachment upon Prohibition Easter Term Anno 38. Eliz. Rott 628. in the Kings Bench Co. 2. part The Bishop of Winchesters Case MEmorandum that at another time that is to say Michael Term last past before the Lady the Queen at Westminster come Robert Wright by Thomas VVebb the younger and brought here in the Court of the said Lady the Queen then and there his Bill against John VVright Executor of the Testament and last Will of Nicholas VVright late whilest he lived Farmer as he affirmed of the Rectory of the Parish Church of Eastmeon otherwise called Eastmeam in the Diocesse of VVinchester in the Province of Canterbury in the Custody of the Marshalsea c. in a Plea of Trespass and Contempt against those who prosecuted in the Spiritual Court against the Queens Prohibition to the contrary thereof directed and delivered And are Pledges of sute John Doo Richard Roo which Bill followeth in these words ss South That is to say Robert Wright who as well for the Lady the Queen as for himself prosecuteth complaineth of John Wright Executor of the Testament and last Will of Nicholas â—â—ight deceased late whil'st he lived as he affirmed of the Rectory of the Parish Church of Eastmeon otherwise called Eastmeam in the Diocess of Winchester in the Province of Canterbury in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Queen her self being why he sueth
their demesn as of Fee and Right and of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the Lady the Queen that now is taking the profits thereof to the value c. And in which c. And thereof then they brought sute c. And the said John Hunt in his proper person then defended his Right when c. And vouched thereof to warranty the aforesaid William Capel who then present there in the same Court here in his proper person willingly the Manor Tenements and Rent aforesaid with the Appurtenances and the Advowson aforesaid to him did warrant And upon that The said Thomas and Baldwin then demanded against the aforesaid William Tenant by his Warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advoson aforesaid in form aforesaid c. And whereupon then said That they themselves were seized of the Manor Tenements and Rents aforesaid with the Appurtenances in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in time of Peace in the time of the Lady the Queen that now is taking the Profits thereof to the value c. And the aforesaid William Tenant by his Warranty aforesaid then defended his Right when c. And further then vouched to warranty John Howel who then likewise was present here in the said Court in his proper person and willingly the Manor Tenements and Rents aforesaid with the Apurtenances and the Advowson aforesaid to him did warrant c. And thereupon The said Thomas and Baldwin then demanded against him the said John Howel Tenant by his warranty the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid in form aforesaid c. And whereupon they then said That they themselves were seized of the Manor Tenements and Rents aforesaid in their demesn as of Fee and Right And of the Advowson aforesaid as of Fee and Right in the time of Peace in the time of the said Lady the Queen that now is taking the Profits therof to the value c. in wch c. And thereof then brought therâ— sute c. And the aforesaid John Howell Tenant by his Warranty defended then his Right when c. And then said That the aforesaid Hugh did not disseise the aforesaid Thomas Spenceley and Baldwin of the Manor Tenements and Rents aforesaid with the Appurtenances and of the Advowson aforesaid as the said Thomas and Baldwin by their Writ and Declaration above then supposed and of that then put themselves upon the Country and the aforesaid Thomas Spenceley and John Barldwin then demanded licence thereof to in parl and had it and aferwards the said Thomas and Baldwin came back here into the same Court here the same Term in their proper persons and the aforesaid John Howel although he was solemnly called did not then come back but in contempt of the Court departed and made default By which Then it was granted in the same Court here That the aforesaid Thomas Spenceley and Baldwin recover their seisin against him the said John Hunt of the Manor Tenements and Rents aforesaid with the Appurtenances and the Advowson aforesaid And that the said John should have of the Lands of the said William Capel to the value c. And that the said William further should have of the Lands of the said John Howel to the value c. And that the said John then should be in mercy c. By virtue of which Recovery The aforesaid Thomas Spenceley and Baldwin into the Manor and Tenements aforesaid with the Appurtenances entred and was thereof seized in their demesn as of Fee Which Recovery and the Execution thereof in form aforesaid sued forth and had was to the use of the said John Hunt and his Heirs for ever By which and by force of the Statute aforesaid the said John Hunt was seized of the Manor aforesaid with the Appurtenances in his demesn as of Fee And so thereof being seized before the time of the taking c. put his Cattel aforesaid into the aforesaid 300. Acres of Land the grass then there growing to eat and the Cattel aforesaid were in the said 300. Acres of Land the grass in them then growing eating until the aforesaid Thomas Gateley the aforesaid 22th day of November in the yeer of the said Lady the Queen that now is at Hew Capel aforesaid in the aforesaid place called Stockins took the said Cattel of him the said John and them unjuly detained against Gages and Pledges until c. as the said John against him above complaineth And this he is ready to aver Wherefore in as much as the aforesaid Thomas Gately the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowlegeth The said John demands Judgement and his damages for the occasion of the taking and unjustly detaining of the said Cattel to him to be adjudged And the aforesaid Thomas Gateley saith That the aforesaid Plea of the said John Hunt in bar of the Avowry aforesaid pleaded iâ— insufficient in Law to bar him the said Thomas as Bayliff of the aforesaid Anthony from the just avowage of the taking of the Cattel a-aforesaid in the place in which c And that he to that Plea in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver wherefore for want of a sufficient Plea in this behalf The said Thomas demands Judgement and a return of the Cattel aforesaid together with his damages to be adjudged unto him c. And the aforesaid John Hunt in as much as he sufficient matter in Law to the aforesaid Thomas as Bayliff of the same Anthony from the just acknowleging of the taking of the Cattel aforesaid in the place aforesaid in which c. to be barred above confesseth which he is ready to aver which matter the aforesaid Thomas doth not deny nor to the same any wayes Answereth but altogether refuseth to admit the same Averment As at first demandeth Judgement and his damages by the occasion of the taking and unjustly detaining of the Cattel aforesaid to be to him adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because that the said Justices here thereof are not yet c. At which day here come aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the said Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid
Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon he premises day is given to the parties here untill in the morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the said Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgment thereof because the same Justices here are not thereof yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of giving their Judgement of and upon the premises day is given to the parties here until from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their JudgemeÌ„t of upoÌ„ the premises day is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof are not yet c. At which day here cometh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here until the Morrow of ALL SOVLS to hear their Judgment thereof because the same Justices here are inot yet c. Before which day the Plea aforesaid was adjourned by the Writ of the said Lady the Queen of Common Adjornment from Westminster aforesaid unto the Castle of the Lady the Queen of Hertford in the County of Hertford untill the aforesaid morrow of All Soules at which day that is to say at the aforesaid Castle of Hertford cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given unto the parties aforesaid untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Laâ—y the Queen of Common Adjornment from the aforesaid Castle of Hertford unto Westminster aforesaid at the aforesaid 8. dayes of St. Hillary at which day here that is to say at Westminster cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof further day is given here to the parties aforesaid untill from Easterday in 15. dayes to hear their Judgement thereof because the Justices here are not thereof as yet c. At which day cometh as well the aforesaid Iohn Hunt as the said Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill in 8. dayes of St. Michael for to hear their Judgement thereof because the same Justices here are not thereof as yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of anâ— upon the premises day is given to the parties aforesaid here untill in 8. days of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the said John Hunt as the aforesaid Thomas Gately by their Attorneys aforesaid and because the Justices here will further avise themselves before they give their Judgement of and upon the premises day is given to the parties here untill from the day of Easter in 15. dayes to hear their Judgement thereof because the same Justices here are thereof not yet c. at which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Justices here will further avise themselves before that they give their Judgement of and upon the premises day is given to the parties aforesaid here untill in 8. dayes of Saint Michael to hear their Judgement thereof because the same Justices here are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Justices here thereof are not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid until from the day of Easier in t5 dayes to hear their Judgement thereof because the same Justices here thereof are not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill In the morrow of Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before that they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. Michael to hear
their Judgement thereof because the same Justices here thereof are not yet c. at which day cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. â—illary to hear their Judgement thereof because the same Justices here thereof Lot as yet c. at which day here comteh aswel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until from Easter day in 15. dayes to hear their Judgment thereof because the same Justices here thereof not yet c. At which day here come as wel the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the same Justices here 〈◊〉 not yet c. At which day here cometh as well the aforesaid John Hunt as the said Thomas Gateley by their Attornies aforesaid And because the Justices will further avise themselves of upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgment thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before that they give their judgement thereof day further is given to the parties aforesaid here until from the day of Easter in 15. dayes to hear their judgement thereof because that the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Humt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Iustices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until in the Morrow of the Holy Trinity to hear their judgement thereof because the same Iustices here not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Iustices here will further avise themselves of and upon the premises before that they give their judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their judgement thereof because the same Iustices hear not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will futher avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Cateley by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their judgement thereof because the same justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their judgement hereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hunt as the aforesaid Thomas Gateley by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the partâ—es aforesaid here untill in 8. dayes of Saint Michael to hear their Judgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the said Iohnt Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Judgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid And because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill from the day of Easter in 15. dayes to hear their Iudgement thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in 8. dayes of Saint Michael to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof further day is given to the parties
aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgement thereof because the same Iustices here of their Iudgement thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because â—he Iustices here will further avise themselves before they give their Iudgement of and upon the premises day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes â—o hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices will further avise themselves of and upon the premises day is given to the partis aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of the premises before they give their Iudgment thereof day is given to the parties aâ—oresaid here untill in 8. dayes of St. Michael to hear their Iudgement thereof because the same Justices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aforesaid here untill from the day of Easter in 15. dayes to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day is given to the parties aforesaid here untill in the morrow of the Holy Trinity to hear their Iudgement thereof because the same Iustices here thereof not yet c. at which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Judgement thereof day is further given to the parties aforesaid untill in 8. dayes of Saint Michael to hear their Iudgement thereof because the same Iustices here thereof not yet c. at whiâ—h day here cometh as well the aforesaid Iohn Hunt as the aforesaid Thomas Gateley by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof day furthe is given to the parties aforesaid here untill in 8. dayes of St. Hillary to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Justices here will further avise themselves of and upon the premises before they give their Iudgement thereof day further is given to the parties aâ—oresaid here untill from the day of Easter in 15. dayes to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day further is given to the parties aforesaid here untill the morrow of the Holy Trinity to hear their Iudgment thereof because the same Iustices here thereof not yet c. At which day here cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgement thereof further day is given to the parties aforesaid here untill the morrow of All Soules to hear their Iudgment thereof because the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Lady the Queen of Common Adjornment from Westminster in the County of Middlesex unto the Castle of the Lady the Queen of Hertford in the County of Hertford at the same morrow of All-Soules c. At which day here that is to say at the Castle of Hertford cometh as well the aforesaid Iohn as the aforesaid Thomas by their Attorneys aforesaid and because the Iustices here will further avise themselves of and upon the premises before they give their Iudgment thereof day is given to the parties aforesaid here in 8. dayes of St. Hillary to hear their Iudgment thereof before the said Iustices here thereof not yet c. Before which day the Plea aforesaid was adjorned by the Writ of the Queen of Common adjornment from the said Castle of the said Queen of Hertford in the County of Hertford unto Westminster aforesaid in the aforesaid County of Middlesex at the same 8. dayes of St. Hillary c. And now here that is to say at Westminster aforesaid cometh as well the aforesaid John as the aforesaid Thomas Gateley by their Attorneys aforesaid and upon this the premises being seen and by the Iustices here fully understood It seemeth to the same Iustices here That the aforesaid Plea of the aforesaid Iohn Hunt above in Barr of the Conusance aforesaid pleaded is sufficient in Law to him the said Thomas Gateley as Bayliff of the said Anthony justly acknowledging the taking of the Cattel aforesaid in the aforesaid place in which to Barr as the aforesaid Ihhn Hunt above alleged for which the aforesaid Iohn Hunt his damages for the occasion of the taking and unjustly deteining of the Cattel aforesaid against the aforesaid Thomas Gateley ought to recover But because it is not known what damages the aforesaid Iohn Hunt for the occasion of taking and unjustly deteining of the Cattel aforesaid susteined It is CoÌ„manded to the Sheriff that by the Oaths of good and lawful men of his County he diligently enquire what damages the said Iohn Hunt susteined as well by the occasion of the taking unjustly deteining of the Cattel aforesaid as for his Costs and Charges by him about his sute in this behalf expended and the Enquire which c. The Sheriff make to appear here
and for his costs and charges to 2. pence And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found it shall seem to the Justices and Court here That the aforesaid 4. Acres of Pasture with the Appurtenances in which c. the aforesaid time in which c. were the Soil and Freehold of the aforesaid John Kent the Son as the said John Smith above allegeth Then they assess the damages of him the said John Smith by the occasion aforesaid above his costs and charges by him about his sute in this behalf expended to 12. pence and for his costs and charges to 2. pence And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties here in the Morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day farther is given to the parties here until in 8. dayes of St. Michael to hear their judgment of them because the same justices here thereof not yet c. At which day here cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day is given to the parties here in 8. dayes of Saint Hillary to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises day further is given to the parties aforesaid here until from Easter-day in 15. dayes to hear their judgement thereof because the same justices here thereof not yet c. At which day cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And because the justices here will further avise themselves of and upon the premises before they give their judgement thereof day further is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their judgement thereof because the same justices here thereof not yet c. At which day here cometh aswel the aforesaid William as the aforesaid John by their Attornies aforesaid And upon this The premises being seen and by the justices here fully understood It is granted that the said William take nothing by his Writ aforesaid but be in mercy for his false clamour and the aforesaid John thereof go without day c. And that he have retorn of his Cattel aforesaid to hold for ever irreplegiable c. how c. And that the Sheriff make it appear here in 8. dayes of Saint Michael c. It is also granted That the aforesaid John recover against the said William his damages to 14. pence by the jurors aforesaid in form aforesaid assessed as also 18. pound 8. shillings and 10. pence to him the said John at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages amount in the whole to 19. pound c. Replevin Trinity Term Anno 380. Eliz. Rot. 183. in the Common-Pleas C. 1. part Bredons Case Fo. 67. Suss WIlliam Bredon and John Bredon were summoned to answer to Agnes Gardiner Widow of a Plea Wherefore they took the Cattel of the said Agnes and them unjustly detained against Gages and Pledges c. And whereupon the said Agnes by Thomas Waller her Attorny complaineth That the aforesaid William and John the 18th day of May in the yeer of the Reign of the Lady the Queen that now is the 37th at Stow-market in a certain Place called the Parkwood parcel of the Manor of Columbine hall took Cattel that is to say 15. Cowes Milch and 5. Calves of the said Agnes and them unjustly detained against Gages and Pledges until c. Whereupon she saith that she is the worse and hath damage to the value of 10. pound And thereof bringeth sute c. And the said William and John by Richard Walker their Attorny come defend the force and injury when c. And as Bayliffs of Martha Cary Widow do acknowledge the taking of the Cattel aforesaid in the place in which c. And justly c. Because they say That the same place in which it is supposed the taking above to have been made doth contain and at the time of the taking of the Cattel aforesaid did contain in it self 8. Acâ—es of Lands with the appurtenances in Stow-market aforesaid and that long before the aforesaid time in which c. One John Gardiner Gent. was seized of and in the Manor of Collumbine hall otherwise Thorney Collumbers with the appurtenances in the County aforesaid whereof the aforesaid 8. Acres of Land with the appurtenances in which c. are and the aforesaid time in which c. And also from the time whereof the Memory of Man is not to the contrary were parcel in his demesn as of Fee and he being thereof so seized A Fine was levied in the Court of the Lady the Queen that now is of the Bench here that is to say at Westminster in 8. dayes of Saint Michael in the yeer of the said Lady the Queen that now is the 29th before Edmond Anderson Francis Windham William Periam and Francis Rodes then Justices of the said Lady the Queen of the Bench here and other the said Queens faithful people here then present Between Edmond Cary Knight and Robert Cary Esquire Plaintiffs and VVilliam Cary Esquire the aforesaid John Gardiner and the said Agnes now Plaintiff then the Wife of the said John and George Totty Gentleman and Elizabeth his Wife by the names of VVilliam Cary Esquire Iohn Gardiner Gentleman and Agnes his Wife George Totty Gentleman and Elizabeth his Wife Deforceants of the Manor aforesaid with the appurtenances whereof c. And of 10. Messuages 10. Cortages 10 Barns one Dove-house 20. Cartilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath the Rent of 1. pound of Wax and 4. Capons 30. shillings of Rent with the appurtenances in Stow market Newton Gipping and One House As also of the view of Frank Pledge in Stow-market Newton Gipping and One House By the names of the Manors of Collumbine hall otherwise Thorney Collumâ—bers with the appurtenances and of 10. Messuages 10. Cottages 10. Barns one Dove house 20. Curtilages 20. Gardens 10. Orchards 300. Acres of Land 60. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 60. Acres of Furz and Heath 30. shillings of Rent of the
Henry Cary Knight Lord of Hunsdon and his Heis for ever And that the aforesaid John Gardiner and Agnes so of the Manor aforesaid with the Appurtenances whereof c. for the Term of the said John and Agnes and the longer liver of them in form aforesaid being seized the Remainder thereof after the death of them the said John and Agnes to the aforesaid William Cary and the Heirs oâ— his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Robert Cary and the Heirs of his Body lawfully begotten the Remainder thereof for default of such issue to the aforesaid Heny Cary Knight Lord of Hunsdon and his Heirs expectant Before the levying of the aforesaid Fine in the Conusance of the aforesaid William Bredon and John Bredon above second mentioned The aforesaid other Fine in the aforesaid Plea of her the said Agnes above specified was levied in the aforesaid Court of the Queen here from the aforesaid day of Easter in 15. dayes in the yeer of the Reign of the said Lady the Queen that now is the 31th before the aforesaid then Justices and other the faithful people of the Lady the Queen then there present Between the aforesaid David Bulward and Robert Ham Plaintiffs and the aforesaid William Cary Deforceant of the Manor aforesaid with the Appurtenances whereof c. And of the aforesaid 20. Messuages One Dove house 20. Gardens 300. Acres of Land 100. Acres of Meadow 200. Acres of Pasture 30. Acres of Wood 1. pound 6. shillings 4. pence Rent and the Rent of 4. Capons and 1. pound of Wax with the Appurtenances in Stow-market Newton Gipping and One house Which Fine in form aforesaid levied and had was had and levied to the use of the aforesaid David and Robert Ham and to their Heirs for ever to the intent in the Plea of the aforesaid Agnes above mentioned the aforesaid John Gardiner and Agnes of the Manor aforesaid with the Appurtenances whereof c. for the Term of the lives of them the said John Gardiner and Agnes and the longer liver of them so as before is said being seized the Remainder thereof to the aforesaid David and Robert Ham and their Heirs expectant the aforesaid Recovery in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned in form aforesaid was had And the aforesaid Agnes further in Facto saith That the aforesaid John Gardiner and Agnes from the time of the levying of the Fine in the Conusance of the aforesaid William Bredon and John Bredon second mentioned in form aforesaid was levied Without that that the aforesaid David and Robert Ham the aforesaid day of bringing of the Writ of the Lady the Queen of Entry Sur Disseisin in the Post in the aforesaid Plea of the aforesaid William Bredon and John Bredon above mentioned or ever afterwards were ever Tenants of the Freehold of the Manor Tenements and Rents with the Appurtenances in the Recovery aforesaid above mentioned as the aforesaid William Bredon and John Bredon above have alleged And this she is ready to aver Wherefore she demandeth Judgement and his Damages by occasion of the taking and unjust detaining of the Cattel aforesaid to her to be adjudged And the aforesaid William Bredon and John Bredon say That the aforesaid Plea of the aforesaid Agnes to the Conusance of them the said William and John as to the aforesaid 20. pound residue of the 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable above by Rejoynder pleaded is insufficient in Law to bar her the said Agnes from having her Action aforesaid of the taking of the Cattel aforesaid in the aforesaid place in which against them the said William and John or to bar the said William and John from the taking of the Cattel aforesaid in the aforesaid place in which c. And that they to that Plea in manner and form aforesaid pleaded need not nor by the Law of the Land are bound to Answer for that that is to say That the aforesaid Induction of the Plea of the said Agnes to the Traverse aforesaid in her Plea aforesaid to the Conusance of them the said William and Iohn above rejoyning pleaded is not sufficient in Law to induce that Traverse And that the Traverse of the aforesaid Tenances of the David and Robert Ham the day of the bringing of the aforesaid Writ of Entry upon Disseisin in the Post of the aforesaid Manor Tenements Rents with the Appurtenances in the same Plea pleaded is not material in Law And this they are ready to aver wherefore for want of sufficient Plea of the said Agnes in this behalf the said William and John as at first demand Judgement and the retorn of the Cattel aforesaid together with damages c. to be to them adjudged And the aforesaid Agnes for as much as she hath alleged sufficient matter in Law and the aforesaid William Bredon and John Bredon from their Conusance aforesaid as to the aforesaid 20. pound of the aforesaid 40. p. residue at the aforesaid Feast of Saint Michael the Archangel payable to have to bar and the said Agnes to have her Action aforesaid against the said William and John above hath alleged which she is ready to aver which matter the aforesaid William and John do not deny nor to the same do any wayes Answer but the the same Averment utterly refuse to admit as before demandeth Judgement and her damages by occasion of the taking and unjustly detaining of the Cattel aforesaid to her to be adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes from Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswelthe aforesaid Agnes as the aforesaid Wil. Bredon J. Bredon by their Atornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh aswel the aforesaid Agnes as the aforesaid Wil. Bredon and John Bredon by their Attornies aforesaid And upon this The premises seen and by the Justices here fully understood It seemeth to the said Justices here That the aforesaid Plea of the aforesaid Agnes to the Conusance of the aforesaid William and John as to the aforesaid 20. pound residue of the aforesaid 40. pound at the aforesaid Feast of Saint Michael the Archangel in the yeer 35th abovesaid payable by Rejoynder pretended is not sufficient in Law for the said Agnes to have her Action aforesaid of the taking of the Cattel aforesaid against the said William and John or to
of the Tenements aforesaid with the Appurtenances whereof to one William Bettisworth his Heirs and Assigns for ever And further the Jurors say upon thier Oath aforesaid that immediatly after the sealing and delivery of the Deed of Feoffment aforesaid possession and seisin upon that Deed of Feoffment was gâ—ven and delivered by the aforesaid Iohn Bettisworth to the aforesaid William Bettisworth in and upon the aforesaid Close called Raynolds in which c. neither the aforesaid John Hayward nor any other at the said time of the delivery of the said possession or seisin of the said Close being By virtue whereof the said William Bettisworth into the Tenements aforesaid with the Appurtenances whereof c. entred and thereof was seized as the Law requireth And the Jurors further say upon their Oath aforesaid That the aforesaid John Hayward at the time of the giving and delivery of the possession and seisin in the Close aforesaid was in the Messuage and the Residue of the Tenements aforesaid by virtue of the Lease aforesaid to him made and that afterwards and before the time in which c. the aforesaid John Hayward into the aforesad Close called Raynolds with the Appurtenances in which c. re-entred claiming the same Close to the Lease aforesaid to him in form aforesaid made And further the Jurors say upon their Oath aforesaid That afterwards before the time in which c. that is to say the 3d. day of January in the yeer of the Reign of the said Lady the Queen that now is the 19th the said John Bettisworth at Ipping aforesaid dyed without issue of his Body begotten And that the aforesaid Thomas Bettisworth is his Brother next Heir But whether upon the whole matter aforesaid in form aforesaid found â—he possession and seisin in manner and form aforesaid given and delivered of and in the aforesaid Close called Raynolds in which c. be or in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid close called Raynolds in which c. the Jurors are utterly ignorant and thereof they pray the advice of the Justices here of the Lady the Queen and if upon the whole matter aforesaid in form aforesaid found It shall seem to the said Justices of the Lady the Queen That the aforesaid possession and seisin in form aforesaid given and delivered of and in the aforesaid Close called Raynolds be or in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid Close called Raynoldâ— in which c. with the Appurtenances c. Then the Jurors aforesaid say upon their Oath aforesaid That the said John Bettisworth did not dye seized of the Reversion of all the Tenements within written with their â—ppurtenances c. nor of the Rents within written seized as the said John Hayward within for him allegeth And then they assesse damages of the said John Hayward for the ocasion within writteh above his costs and charges by him the said John Haward about his Sute expended to 4. pence and for his costs and charges to 2. pence But if upon the whole matâ—er aforesaid in form aforesaid found It shall seem to the said Justices of the said Lady the Queen That the aforesaid possession and seisin in form aforesaid given and delivered of and in the aforesaid Close called Raynolds in which be not nor in Law ought to be adjudged a good and lawful possession and seisin of the aforesaid Close called Raynolds in which c. Then the Jurors say upon their Oath aforesaid That the aforesaid John Bettisworth dyed of the Reversion of the Tenements aforesaid with the Appurtenances whereof and of the Rents aforesaid seized as the said Thomas Bettisworth within for him allegeth And then they assesse damages of the said Thomas Bettisworth for the occasion within written above his costs and charges mentioned about his Sute expended to 4. pence and for his costs and charges to 2. pence And because the justiceâ— here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises further day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the Justices here thereof not yet c. At which day here come as well the aforesaid John Hayward as the said Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid John John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further day day is given to the parties aforesaid here until in 8. dayes of Saint Michael to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the said John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further day iâ— given to parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John Hayward as the aforesaid Thomas Bettisworth by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof day further is given to the parties aforesaid here until the Morrow of Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid John as the aforesaid Thomas by their Attornies aforesaid and upon this The premises being seen and by the Justices here fully understood It is granted that the aforesaid John take nothing by
in which c. the said Walter and the aforesaid Robert who c. demand Judgement and their damages by the occasion of the taking and unjust deteining of the Cattel aforesaid to the said VValter to be adjudged And the aforesaid Nicholas as at first saith That the aforesaid John Bevill was seized of the aforesaid Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as he above alleged And of this puts himself upon the Country and the aforesaid Walter and the aforesaid Robert Smith the Son who c. likewise Therefore it is commanded to the Sheriff that he cause to be here from the day Saint Martin 15. dayes 12. c. by whom c. and who neither c. to Recognize c. Because as well c. Processe against the Jurors to try the issue aforesaid is conteined until 15. of Easter in the 19th yeer of Queen Elizabeth unless the Justices to Assizes in the County aforesaid to be taken assigned by the form of the Statute c. Upon Monday in the 5th Week of Lent the said 19th yeer first come At which Assizes the Verdict was given as followeth The Jurors say upon their Oath That the within named John Smith the Father held the Tenements aforesaid with the Appurtenances called Newton of the within named John Bevill as of the within written Manor of Keligath by Knights Service within written And that the said John Bevill was seized of the Fealty and Sute of Court only parcel of the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant But whether the aforesaid seisin of Feâ—lty and Sute of Court aforesaid be a good and sufficient sâ—isin of the whole Services within written or not the Jurors are altogether ignorant And pray thereof the advice and diâ—cretion of the Justices aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the same Justices That the aforesaid seisin of Fealty and Sute of Court be not a good and sufficient seisin of the whole Services aforesaid Then the Jurors say upon their Oath That the aforesaid John Bevill was not seized of the within written Services by the Hands of the aforesaid Robert Smith the Father as by the Hand of his very Tenant as the said Walter within alleged And then they assess the damages of him the said Walter by occasion of the taking and unjust detaining of the Cattel aforesaid besides his costs and charge by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And if upon the whole matter aforesaid it shall seem to the Justices That the said seisin of Fealty and Sute of Court aforesaid be a good and sufficient seisin of the whole Services within written Then the said Jurors say upon their Oath aforesaid That the said John Bevill was seized oâ— the Services within written by the Hands of the aforesaid Robert Smith the Father as by the Hands of his very Tenant as the aforesaid Nicholas within alleged And then they assess the damages of the said Nicholas by occasion of the premises besides his costs and charges by him about his Sute in this behalf expended to 12. pence and for his costs and charges to 40. shillings And because the Justices here will avise themselves of upon the premises before they give their Judgement thereof day is given to the parties here until in the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. And so the Plea aforesaid was continued until the Morrow of the Holy Trinity in the 25th yeer of Queen Elizabeth which day Judgement was given as followeth At which day here cometh as well the aforesaid Walter Parker by his Attorny aforesaid as the aforesaid Nicholas Francis by William Aylesbury his Attorny And upon this The premises being seen and by the Justices here fully understood It seemeth to the Justices here That the aforesaid seisin of Fealty and Sute of Court aforesaid is a good and sufficient seisin of the whole Services aforesaid Therefore it is granted That the aforesaid William Parker take nothing by his Writ aforesaid but be in mercy for his false clamour And the aforesaid Nicholas Francis thereof go without day and that he have Retorn of his Cattel aforesaid to be kept by him irreplegible for ever c. It is also granted That the aforesaid Nicholas Francis recover against the aforesaid Walter Parker his damages aforesaid to 41. shillings by the Jurors in form aforesaid assessed as also 13. pound to the said Nicholas at his request for his costs and charges aforesaid by the Court here of Encrease adjudged which damages in the whole do amount to 15. pound 1. shilling c. REPLEVIN Trinity Term Anno 7 mo JACOBI Rot. 3661. in Salop. the COMMON-PLEAS Co. 8. part John Talbotts Case IOhn Pendleton was attached by the Writ of the Lady the Queen of second deliverance to answer to John Chapman of a Plea wherefore he took the Cattel of him the said John Chapman and them unjustly deteined against Gages and Pledges c. And whereupon The said John Chapman by Thomas Salter his Attorney complaineth That the aforesaid John Pendleton the second day of September in the yeer of the Lord the King that now is of England c. the 6th at Albrighton in a certain place called Bromly took his Cattel that is to say two Bullocks of the said John Chapman and them unjustly deteined against Gages and Pledges untill c. whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof he bringeth sute c. And the aforesaid Iohn Pendleton by Nicholas Gibbens his Attorny cometh and defendeth the force and injury when c. and as Bayliff of Jo. Talbot Esquire doth well avow the taking of the Cattel aforesaid in the aforesaid place in which c. and justly c. Because he saith That the place in which it is supposed the taking aforesaid to be done doth contein and at the time of the taking thereof above supposed to be done did contein in it self 3. Acres of Pasture lying in the aforesaid field called Bromley in Albrighton aforesaid and that long before the taking of the Cattel aforesaid supposed to be done One John Chapman Father of the now Plaintiff was seised of the aforesaid 3. Acres of Pasture with the appurtenances in which c. in his demesn as of Fee and the said 3. Acres of Pasture with the appurtenances in which c. held of the aforesaid John as of his Manor of Albrighton in the County aforesaid by Fealty and the Service of doing sute at the Court of the said John Talbot of his Manor aforesaid from 3. weeks to 3. weeks at that Manor to be holden As also by the service of rendring after
of the aforesaid Arthur in manner and form aforesaid above by Replication pleaded is not sufficient in Law to maintain the said Arthur to have his Action aforesaid against him and that he to that Replication in form aforesaid pleaded needeth not nor is bound by the Law to Answer And this he is ready to aver Wherefore for want of a sufficient Replication in this behalf The said Rowland demandeth Judgement and that the aforesaid Arthur from having his Action aforesaid against him be barred c. And the aforesaid Arthur in as much as he sufficient matter in Law to have and maintain his Action aforesaid against the said Rowland above by Replication hath alleged which matter the aforesaid Rowland doth not deny nor to the same any wayes answereth but that averment utterly refuseth to admit as at first demandeth Judgement and his damages by occasion of the Trespass aforesaid to him to be adjudged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of the Purification of the blessed Mary to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the said Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties here until from the day of Faster 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises further day is given to the parties here until the Morrow of the Holy Trinity to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judement thereof Day is given to the parties here in 8. dayes of Saint Michael to hear their Judgement thereof because the Justices here thereof not yet c. At which day here cometh as well the aforesaid Arthur as the aforesaid Rowland by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day further is given to the parties here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the Justices here thereof not yet At which day here cometh as well the said Arthur as the aforesaid Rowland by their Attornies aforesaid and upon this the Plea aforesaid being seen as also the Plea of the aforesaid Arthur above by Replication pleaded and by the Justices here fully understood It seemeth to the same Justices here that that Plea in manner and form aforesaid pleaded is not sufficient in Law to maintain the said Arthur to have and maintain his Action aforesaid against the aforesaid Rowland Therefore it is granted That the aforesaid Arthur take nothing by his Writ aforesaid but be in Mercy for his false clamour and that the aforesaid Rowland thereof go without day c. Afterwards that is to say the 30th day of Aprill in the yeer of the Reign of the said Lady the Queen that now is the 42th The Record and Processe of the Plaint aforesaid with all the same by virtue of a Writ of the said Lady the Queen for Correcting Errors whose date is at Westminster the 12th day of Aprill in the 42th yeer aforesaid to Edmond Anderson Knight directed and the aforesaid Defendant touching before the said Lady the Queen wheresoever c. are sent c. TRESPAS Easter Term Anno 21. ELIZABETH Rot. 58. in the KINGS-BENCH C. 1. part Shelleys Case fol. 88. b. MEmorandum That at another time That is to say in Hillary Term Sussex last past before the Lady the Queen at Westminster came Nicholas Wolfe by Nicholas Mosley his Attorny And brought in the Court of the said Lady the Queen then there his Bill against Henry Shelley Esquire of a Plea of Trespass are Pledges of Sute that is to say John Doo Ric. Roo which Bill followeth in these words that is to say ss Sussex ss Nicholas Wolfe complaineth of Henry Shelley Esquire in the Custody of the Marshal of the Marshalsey of the Lady the Queen before the Lady the Queen her self being of that That he the 7th day of November in the yeer of the Reign of the said Lady the Queen that now is of England the 20th with force and Arms c. The Close and House of him the said Nicholas called Barhamwick otherwise Barhamweek at Augmering in the County aforesaid broke and entred and his grass there to the value of 100. Marks there late growing with certain Cattel that is to say Horses Oxen Cows Hoggs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said Nicholas 100. pound and thereof he bringeth Sute c And now at this day that is to say Wednesday next after 18. dayes of Easter this Term until which day the said Henry Shelley had leave to the Bill aforesaid to imparl and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid Nicholas Wolfe by his Attorny aforesaid as the aforesaid Henry Shelley by Richard Best his Attorny and the said Henry doth defend the force and injury when c. And saith He is not thereof guilty And of this puts himself upon the Country And the said Nicholas likewise c. Therefore a Jury thereof is to come before the Lady the Queen at Westminster upon Friday next after the Morrow of the Holy Trinity And who neither c. To Recognize c. Because as well c. Afterwards the Processe thereof is continued between the parties aforesaid of the Plea aforesaid by Jurors put thereof between them in respite before the Lady the Queen at Westminster until the day of June next after 3. Weeks of Easter then next following for default of Jurors c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And the Jurors of the Jury aforesaid being called likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath That long before the time of the Trespass supposed to be done The Lord Henry late King of England the 8th Father of the Lady the Queen that now is amongst other things was seized of the Tenements aforesaid with the Appurtenances in the Declaration aforesaid above specified in his Demesn as
to the Sheriff that he cause to come from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. To Recognize c. Because as well c. Afterwards the processe was continued between the parties aforesaid of the Plea aforesaid by Jurors put between them in respite here until this day that is to say the Morrow of Saint Martin in the yeer of the Reign of the Lady the Queen that now is 25th And now at this day come as as well the aforesaid VVilliam Thoroughgood as the aforesaid VVilliam Cole by their Attornies aforesaid And the Jurors thereof impannelled likewise come who to say the truth of the premises chosen tryed and sworn say upon their Oath that the aforesaid VVilliam Thoroughgood is a Lay-man and unlearned and that divers arrerages of the yeerly payments aforesaid to the aforesaid VVilliam Thoroughgood the aforesaid time of making of the aforesaid Writing of Release were unpaid And also that the said Wriging of Release at the time of the sealing thereof was not read to the aforesaid VVilliam Thoroughgood But after one Thomas VVard had begun to read that Writing to the aforesaid VVillam Thoroughgood One John VVard snatcht that Writing out of the hands of the aforesaid Thomas before he had read the first line thereof saying to the aforesaid VVilliam Thoroughgood these words following Good-man Thoroughgood you are a man unlearned and I will declare it unto you and make you understand it better than you can by hearing it read And afterwards the aforesaid John VVard declared the aforesaid Writing of Release to the aforesaid VVilliam Thoroughgood in these words following Good-man Thoroughgood the effect of it is this That you do release to VVilliam Chicken all the arrerages of Rent that he doth ow you and no otherwise and then you shall have your Land again meaning the Tenements aforesaid of new assigned To which the aforesaid VVilliam Thoroughgood then answered in these words following that is to say If it be no otherwise I am content And upon that The said VVillam Thoroughgood giving credit to the words of the aforesaid John VVard then and there sealed the said Writing of Release and delivered it to the aforesaid VVilliam Chicken But whether upon the whole matter in form aforesaid found The said Writing of Release be and in Law ought to be adjudged the deed of the aforesaid VVilliam Thoroughgood or not the Jurors aforesaid are utterly ignorant And thereof pray the Advise of the Justices and the Court here And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here that the Writing is not nor ought in Law to be adjudged the deed of the aforesaid VVilliam Thoroughgood Then the said Jurors say upon their Oath That the aforesaid Writing of Release is not the deed of the aforesaid VVillliam Thoroughgood as the said William above allegeth and they assesse Damages of the said William Thoroughgood by occasion of the Trespasse aforesaid above his costs and charges by him in this part about his Sute expended to 20. shillings and for his costs and charges to 12. pence And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here That the Writing aforesaid of Release is the deed of the aforesaid William Thoroughgood as the aforesaid VVilliam Cole above hath alleged Then the said Jurors say upon their Oath That the said Writing of Release is the deed of the aforesaid William Thoroughgood as the said William Cole above hath alleged And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to here their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof further day is given to the parties aforesaid here from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And because the Justices here will further avise themselves of and upon the premises before they give their Judgement thereof Day further is given to the parties aforesaid here until the Morrow of the Holy Trinity to hear their Judgement thereof because the same Justices here thereof not yet c. At which day here cometh as well the aforesaid William Thoroughgood as the aforesaid William Cole by their Attornies aforesaid And upon this The premises being seen and by the Justices here fully understood It is granted That the aforesaid William Thoroughgood shall recover against the said William Cole his damages to 21. shillings by the Jurors aforesaid in form aforesaid assessed as also 23. pound 19. shillings to the said VVilliam Thoroughgood at his Request for his costs and charges aforesaid by the Court of Encrease adjudged which damages in the whole do amount to 25. pound and that the aforesaid VVilliam Cole be taken c. TRESPAS Easter Term Anno 310. ELIZABETH Rot. 115. in the COMMON-PLEAS C. 2. part Baldwins Case fol. 18. CCristopher Marton late of Marton in the County aforesaid Esquire was York Attached to answer Anthony Baldwin of a Plea wherefore with force and Arms the Close of him the said Anthony at Marton he brake and his Corn there to the value of 10. pound there late growing with his Feet trod and consumed and other harms to him did to the grievous damage of him the said Anthony and against the Peace of the Lady the Queen that now is c. And whereupon the said Anthony by Robert Somervile his Attorny complaineth That the aforesaid Christopher the 10th day of September in the yeer of the Reign of the Lady the Queen that now is the 30th with force and Arms the Close of him the said Anthony at Marton broke and his Corn that is to say Oats to the value c. then there late growing with his Feet trod and consumed And other harms c. Whereupon he saith that he is the worse and hath damage to the value of 20. pound and thereof he bringeth Sute c. And the aforesaid Christopher by VVilliam Barton his Attorny cometh and defendeth the force and injury when c. And as to the force and Arms he saith that he is thereof not guilty And as to the rest of the Trespass aforesaid supposed to be done The said Christopher saith That the aforesaid Anthony his Action against him ought not to have Because he saith That the Close aforesaid as also the places in which it is supposed the Trespass aforesaid to be
That the said Christo the day and yeer in the Declaration above specified entred into the aforesaid 4. acres of Land with the Appurtenances in which c. upon the possession of the aforesaid Anthony and the Oats within written then there with his Feet trod and consumed as the aforesaid Anthony within against him complaineth But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land with the Appurtenances in which c. be a good and lawful Entry or not the said Jurors are utterly ignorant And thereof pray the Advise and Judgement of the Justices of the Court here And if upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher be not a good and lawful Entry in Law in the aforesaid 4. acres of Land upon the possession of the said Anthony Then the said Jurors say upon their Oath That the aforesaid Christopher is guilty of the Trespass in the aforesaid 4. acres of Land within new assigned as the aforesaid Anthony within against him complaineth And then they assesse the damages of the said Anthony by occasion of that Trespass above his costs and charges by him about his Sute in this behalf expended to 20. shillings and for his costs and charges to 40. shillings And if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Christopher in the aforesaid 4. acres of Land new assigned upon the possession of the said Anthony is a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Christopher is not guilty of the Trespas within written in the within written 4. acres of Land within new assigned And because the Justices here will avise themselves of and upon the premises before that they give their Judgement thereof Day is given to the parties aforesaid here until in 8. dayes of Saint Hillary to hear their Judgement thereof because the said Justices here thereof not yet c. At which day come as well the said Anthony as the aforesaid Christopher by their Attorney aforesaid and upon this all and singular the premises being seen and by the Justices c. fully understood It is granted that the aforesaid Anthony recover against the aforesaid Christopher his damages to 3. l. by the Jurors aforesaid in form aforesaid Assessed as also 11. l. 6. s. 8. d. to the said Anthony at his request for his costs and charges by the Court here of increase adjudged which damages in the whole amount to fourteen pound six shillings and eight pence and that the aforesaid Christopher be taken c. TRESPAS Michaelmass Term Anno 36. and 37. ELIZABETH Rot. 136. in the KINGS-BENCH Co. 2. part Tookers Case Fol. 62. MEmorandum that at another time that is to say in the Term of Easter Devon last past before the Lady the Queen at Westminster came William Rud by Michael Bland his Attorney and brought here in the Court of the said Lady the Queen that now is then there his Bill against Edward Tooker in the custody of the Marshall c. of a Plea of Trespass and are Pledges of Sute that is to say John Doo and Richard Roo which Bill followeth in these words ss Devon ss William Rud complaineth of Edward Tooker in the custody of the Marshall of the Marshal-Sea of the Lady the Queen before the Queen her self for that he the first day of April in the year of the Reign of the Lady Elizabeth now Queen of England the 36th with force and Arms c. the Close and house of him the said William called Bertonland otherwise the Barton of Sprecombe at Morthoe in the County aforesaid broke and entred and his grass of the value of an hundred Marks in the Close aforesaid then late growing with certain Cattel that is to say with Horses Oxen Cows Hogs and Sheep fed trod and consumed and other harms to him did against the Peace of the said Lady the Queen that now is to the damage of the said William an hundred pound and thereof bringeth sute c. And now at this day that is to say VVednesday next after eight dayes of Saint Michael this Term until which day the aforesaid Edward had leave to impart to the said Bill and then to Answer c. before the Lady the Queen at Westminster cometh as well the aforesaid William by his Attorney aforesaid as the aforesaid Edward by John Halstaff his Attorney And the said Edward defendeth the force and injury when c. and saith that he is not thereof guilty and of this puts himself upon the County and the aforesaid William likewise c. Therefore it is commanded the Sheriff that a Jury come before the Lady the Queen at Westminster Friday next after 15. days of St. Hillary c. and who neither c. to recognize c. Because as well c. the same day is given to the parties aforesaid there c. Afterwards the Process is continued between the parties aforesaid of the Plea aforesaid by Jurors thereof betwixt them put in respite of the Plea aforesaid before the Lady the Queen at Westminster until Wednesday next after 15. dayes of Easter then next following unless the justices of the Lady the Queen to Assizes in the County aforesaid to be taken assigned first upon Monday the 10th day of March at the Castle of Exeter in the County aforesaid by form of the Statute c. come for want of jurors c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And the aforesaid justices to Assizes before whom c. sent their Record before them had in these words ss Afterwards the day and place within contained before Edmond Anderson Knight Chief justice of the Lady the Queen of the Bench and Thomas Walmesley one of the justices of the said Lady the Queen of the Bench justices of the said Lady the Queen to Assizes in the County of Devon to be taken assigned by form of the Statute c. come as well the within named William Rud by Erasmus Ford his Attorny as the within written Edward Tooker by Thomas Clayton his Attorny And the jurors of the jury whereof within mention is made being called some of them that is to say David Matacotâ— of Saint Giles John Hayman of Shelbere John Hooper of Westdown Richard Clyeff of Chanford John Bow of the same and John Hole of Drew Steinton came and are sworn in the said Jury And because the rest of the Jurors of the said Jury did not appear Therefore others of the standers by by the Sheriff of the County aforesaid chosen at the request of the said William Rud and by the Command of the justices
Lady the Queen of the Bench and other of the said Lady the Queens leige People then there present Between the aforesaid Richard by the name of Richard Libb Gentleman Plaintiff and the aforesaid William Haw and Ellen his Wise Deforceants of the Tenements aforesaid above in form aforesaid demised amongst other things by the name of One Messuage One Cottage Two Gardens 70. Acres of Land One Acre of Meadow 10. Acres of Pasture 60. Acres of Wood and 10. Acres of Furz and Heath with the Appurtenances in Goring and Whitchurch aforesaid in Maple Decam in the County aforesaid whereupon a Covenant was summoned betwixt them in the said Court that is to say that the aforesaid Williliam and Ellen acknowledged the Tenements aforesaid to be the Right of him the said Richard as those which the said Richard had of the gift of the aforesaid William and Ellen and them remised and quit claimed from them the said William and Ellen and their Heirs to the aforesaid Richard his Heirs for ever And further the said William and Ellen granted for them and the Heirs of the said William that they warrant to the aforesaid Richard and his Heirs the aforesaid Tenements with the Appurtenances against all men for ever as by the said Fine here in Court of Record Remaining more fully appeareth Which Fine in form aforesaid had and levied was to the use of the aforesaid Richard and his Heirs After which Fine so as afore is said levied that is to say the 20th day of April in the yeer of the Reign of the said Lady the Queen that now is the 30th aforesaid the aforesaid Indenture to the aforesaid Richard as before is said made before the aforesaid Justices of the said Lady the the Queen of the Bench here was inrolled And the said Elizabeth further saith That she to that grant of the Reversion of the Tenements aforesaid with the Appurtenances above as afore is said demised by virtue of which Fine aforesaid the aforesaid Richard did not attorn or agree And this she is ready to aver Whereupon she demandeth Judgement if the aforesaid Richard his Action aforesaid against her ought to have c. And the aforesaid Richard saith That the aforesaid Plea of the aforesaid Elizabeth above in Bar Pleaded and the matter in the same contained is insufficient in Law to bar him the said Richard to have his Action aforesaid against the aforesaid Elizabeth And that he to that Plea in form aforesaid pleaded needeth not nor by the Law of the Land is bounden to Answer And this he is ready to aver Wherefore for want of a sufficient Plea in Bar in this behalf made the aforesaid Richard demandeth Judgement and his damages by the occasion of the Waste aforesaid to be to him adjudged And the aforesaid Elizabeth in as much as she hath alleged sufficient matter in Bar of the Acton aforesaid which she is ready to aver which matter the aforesaid Richard doth not deny nor to the same any wayes answereth but to that averment altogether refuseth demandeth Judgement and that the aforesaid Richard be barred from having his Action aforesaid against her c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof day is given to the parties aforesaid here until from the day of Easter 15. dayes to hear their Judgement thereof because the same Justices here thereof not yet FINIS THE TABLE A. AButtals of Acres set forth Folio 271 Action upon the Case for turning the Course of a water from a Mill 1 Vpon Assumpsit by a Woman Exâ—cutrix to pay mony upon forbearance not to molest her 7 Act of Parliament special to erect and found an Hospital 368. with the particulars of a foundation 368. 369 Adjornment of an Assize and for what Cause 18 19 Of Pleas 18 22 161 232 257 337 Of the Term 161 232 257 337 338 Agreement to pay Rent if it amount to an Attornment 271 Aid 266 Administration of goods committed 72 73 Alien born one born in Scotland since 1 Jac. nor Alien 10 Amoveas Manum 190 Arrests upon the Sabboth day 148 whereupon Arrest the Sergant is to shew his Mace c. 148 149 Arbitrament 25 Attornment 271 Two Joynts for life upon a grant of the Reversion one attorneth and good 354 355 Of one Joyntment is the Attornment of both 354 Audita Querela the form of it 21 To discharge the party out of Execution being taken upon a Capias ut lagaâ—um after juâ—gement 21 â—2 Averâ—ment 190 20â— 213 217 226 266 2â—0 â—26 Of Plea 10 24 26 Where it is Collateral of a thing out of the deed â—3 Authority of the Presidâ—nt and â—ensors of the Colledge of Physicâ—ans in London and the extent of it 131 Where it doth not extend to Doctors of Physick in the Vniverslties 134 135 Avowry 220 237 238 259 268 For Arrerage of a Rent charge granted by Tenant in tail â—n remainder 222 The taking of an Ox for a Heriot 269 For Arrerages of Rent 271 B. BAil 220 153 Bar 11 12 144 154 163 221 251 252 269 271 19â— 233 238 241 242 301 345 Fine annd Recâ—â—ery by Tenant in tâ—il is a Barr of a Rent granted by him in the remainder 224 In Avowry 260 In Audita Querela 22 In Dower 31 32 33 A grant of the King a Barr in a Scâ—re Facias to repeal Letters Pâ—â—ents 287 288 In Trespass 307 324 340 Of Conusance 252 Bargain and Sale 119 288 325 154 Of Lands to the Queen 160 Of Lands to Vses 171 172 By Tenant in tail 170 Of aterm for yeers 73 Of the Charter-house and of Lands belonging to it 372 373 374 Of Deeds Charters and Evidences 374 Of Lands to the Governours of an Hospital 390 391 392 Where it shall not relate to avoid a Fine 398 399 C. CErtificate of the Causes of disfranchising a Citizen or Burgess and removing him from his place and Office 274 to 279 Conditions to stand to an Award and Arbitrament 25 Not to alien a Term for years 70 Where broken because the thing is not done within convenient time 161 Where broken because the partâ— hath dissabled himself to perform it 161 Not to alien or discontinue Lands intailed 311 312 313 Colour 308 325 Common Recovery 244 312 The form of pleading it 41 59 320 86 141 Vses of it declared by a deed subsequent to the Recovery 12 In the Court of Hustings in London in a Writ of Right Patent 57 58 Where a Bar of an Estat 〈…〉 l 42 43 By Tenant in tail an 〈…〉 Release with warranty where shall bind the issue in tail 138 139 140 141 142 Vpon a Writ of Right Patent 138 Suffered by Tenant in tail 312 313 To Vses 86 87 88 89 139 Considerations 86 What good to ground an Assumpsit upon 6 7 What good to raise Vses 39 40 102 308 Confess and avoid 215 223 Confirmations 255 Of the King of a Lease
the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is of England France and Ireland the 7th and of Scotland the 42 d. Rott 3642. It is contained thus Somers ss It was commanded to the Sherriff Whereas of the grievous Complaint of Owen Bray of Cobham in the County aforesaid Gent. to the Lord the King grievously complaining It was shewed That whereas John Drury Doctor of Law in the Court of the Lord the King of the Bench here That is to say In the Term of St. Michael in the yeer of the Reign of the said Lord the King of England the 5th before the Justices of the said Lord the King of the Bench aforesaid here that is to say at Westminster by Judgement of the said Court had recovered against the said Owen as well a certain debt of 200. pounds as 33. shillings 4. pence which to the said John in the Court aforesaid of the said Lord the King here were adjudged for his damages which he had by occasion of the detaining of the said debt whereof he is convicted And whereas also the said Owen for that that he did not come unto the said Court of the Lord the King here to satisfy the aforesaid John of the debt and damages aforesaid was put in exâ—gent in the County of the Lord the King of Sussex to Outlawry and for that occasion afterwards that is to say the 19th day of May in the yeer of the Reign of the Lord the King that now is was Outlawed And notwithstanding the said Owen in execution for the Debt and Damages aforesaid by virtue of a certain Writ of the said Lord the King of Capias utlagatum thereof to the late Sheriff of the aforesaid County of Surry by Herbert Morley Esq then Sheriff of the aforesaid County of Surry at the Sute of the said Iohn was taken and imprisoned And after he was so taken and imprisoned was by the said Sheriff out of the same Prison at large where he would freely and voluntarily suffered to go and from the execution aforesaid was delivered as the said Owen by ways and means convenient was ready to shew Yet the aforesaid Iohn sueth forth Execution of the Debt and Damages aforesaid against him the said Owen by reason of the Recovery aforesaid and endeavoureth and threatneth unjustly him the said Owen to be taken and imprisoned to his no smal Damage Whereupon he had supplicated the Lord the Kings congâ—uous remedy for him to be provided The said Lord the King Willing what is just to be done to the said Owen in this behalf sent to the Justices here That the Complaint of the said Owen in this part being heard and calling before theâ— the Parties aforesaid and other which in this behalf they shall see to be called and their reasons thereof here being heard To the said Owen full and speedy Justice they should cause to be done in this behalf which of right and according to the Law and custom of the Kingdom of the Lord the King of England should be done And that they cause to come here at this day that is to say from the Holy Trinity in 15. dayes the aforesaid Iohn to answer of and upon the premises and further to do and receive what the Court the said Lord the King here shall consider in that behalf And now here at this day come as well the aforesaid Owen by Otho Gayer his Attorny as the aforesaid Iohn by Iohn Nye his Attorny And upon this the said Owen saith That whereas the aforesaid Iohn in the Court of the said Lord the King that now is here that is to say in the Term of St. Michael in the yeer of the Reign of the Lord the King that now is of England c. the 5th before Edward Coke Kut and his Companions then Justices of the said Lord the King of the same Bench here that is to say at VVestminster by the consideration of the said Court recovered against the said Owen as well the aforesaid Debt of 200. pounds as the aforesaid 33. shillings and 4. pence which to the said Iohn in the same Court of the said Lord the King here was adjudged for his Damages which he had by occasion of detaining the same Debt whereof he is convicted And whereas also the said Owen for that he did not come into the same Court of the said Lord the King here to satisfie the said Iohn of his Debt and Damages he was put in Exigent in the aforesaid County of Sussex to be Outlawed and for that occasion afterwards that is to say the 9th day of May in the yeer of the Reign of the Lord the King that now is the 6th was Outlawed upon the said Outlawry the aforesaid Iohn Drury afterwards that is to say in the Term of the Holy Trinity in the yeer of the Reign of the Lord the King that now is the 6th abovesaid sued forth out of the Court of the Lord the King of the Bench here a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen then to the Sherriff of the aforesaid County of S. directed By which Writ the said Lord the King then commanded the said Sherriff of S. that he do not omit for any Liberty within his County but that he take the said Owen Outlawed in the said County of Sussex the said 19th day of May in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid At the Sute of the said Iohn Drury of the plea of Debt whereof he is convicted of c. And him safely keep c. So as he have his body before the Justices of the said Lord the King here in the morrow of All Souls then next comming to do receive what the Court of the said Lord the King thereof should consider in that behalf By virtue of which Writ the said Owen afterwards that is to say the 7th day of October in the 6th yeer aforesaid at Guildford in the aforesaid County of Surry by the aforesaid Rob. Morley then being Sheriff of the aforesaid County of Surry was taken and imprisoned And after he was so taken and imprisoned the said Owen by the said Sherriff the same day and yeer c. At Guildford aforesaid out of that Prison at large where he would freely and voluntarily to go was suffered and from the execution aforesaid was delivered And this he is ready to aver Whereupon he prayeth Judgement And that the aforesaid John from having his execution aforesaid by colour of the Judgement aforesaid be barred and that the said Owen thereof be discharged c. And the aforesaid John prayeth licence thereof to imparl here until 8. dayes of St. Michael c. And hath it c. And the same day is given to the aforesaid Owen here c. At which day the plea aforesaid was adjorned by Writ of the Lord the King of Common adjornment
themselves of and upon the premises before that they give their Iudgement thereof Day is given to the parties aforesaid until the morrow of the Holy Trynity to hear their Iudgement because the same Iustices here thereof are not yet c. Actions of Debt Trinity Anno. 70. of King JAMES Vineors Case Rot. 2629 C. 8. part fo 80. a WIlliam Wilde late of Themilthorp in the County aforesaid Yeoman Norff. otherwise called William Wilde of Themilthorp in the County aforesaid Yeoman was summoned to answer to Robert Vineor of a plea that he renders unto him 20 pounds which to him he oweth and unjustly detayneth c. And whereupon the said Robert by Thomas Vynior his Attourney saith that whereas the said William the 15th day of July in the year of the reign of the Lord the King that now is of England France and Ireland the 6th at Themilthorp by his certain writing Obligatory granted him to be bound unto the said Robert in the aforesaid 20 pound to be paid to the said Robert when he was therof required yet the said William although often required the aforesaid 20 pound to the said Robert not yet hath rendred but the same to him hitherto hath denyed and as yet doth deny whereupon he saith that he is the worse and hath damage to the valew of 10 pound and thereof hebringeth sute and he brings here in Court the writing aforesaid which the debt aforesaid in form aforesaid doth testifie whose date is the day and year aforesaid c. And the aforesaid William by John Bussel his Atturney commeth and defends the force and injury when c and prayeth the hearing of the writing aforesaid and it is read unto him he also prayeth the hearing of the Condition of the said writings and it is read unto him in these words The Condition of this Obligation is such that if the above bounden William Wilde do and shall from time to time and at all times hereafter stand to abide observe perform fullfill and keep the Rule Order Judgment Arbitrament Sentence and final Determination of William Rugge Esquire Arbitrator indifferently named elected and chosen aswel of the part and behalfe of the said William Wilde as of the part and behalf of the abovenamed Rober Vynior to Rule order adjudge arbitrate and finally determine all matters sutes Controversies debates griefes and contentions heretofore moved and stirred or now depending between the said parties touching or concerning the sum of 22 pence heretofore taxed upon the said William Wilde for diverse kind of Parish business within the said Parish of Themilthorp so as the said A ward be made and set down in writing under the hand and seal of the said William Rugge at or before the Feast of St. Michael the Archangel next insuing after the date of these presents that then this present obligation to be void and of none effect or else the same to stand abide and remain in full power strength and virtue Which being read and heard the said William Wilde saith that the aforesaid Robert his action aforesad against him ought not to have because he saith that the Arbitrator aforesaid after the making of the writings and before the aforesaid Feast of Saint Michael the Archangel in the condition aforesaid above specified did not make any Arbitrament in writing under the hand and seal of the same Arbitrator between him the said William and the aforesaid Robert of and upon the premises aforesaid in the condition aforesaid above specified according to the form and effect of that condition this c. he is ready to aver whereupon he prayeth judgement if the aforesaid Robert his action aforesaid against him ought to have And the aforesaid Robert saith That he by any thing before alleged from having his action aforesaid ought not to be barred because he saith that the said William Wilde after the making of the writing aforesaid and before the aforesaid Feast of Saint Michael the Archangel then next following that is to say the 22 day of August in the year of the Reign of the Lord the King that now is of England c. the 6th aforesaid at Themilthorpe aforesaid by a certain writing which the said Robert with the Seal of the said William Sealed in Court brings whose date is the same day and yeare reciting that whereas he the said William then stood bounden to the aforesaid Robert by the name of Robert Vinyor in one writing Obligatorie in the sum of 20 pound which condition in the said writing for the performance and fulfilling of the Arbitrament Rule Order Judgement Sentence and final determination of William Rugge Esquire Arbitrator chosen aswel on the part of the said William Wilde as on the part of the above named Robert Vinyor as in the said writing Obligatory more fully is appeared or might appear then the said William intending the revocation thereof by the said writing of Revocation revoked and did call back all the authority whatsoever which the said William Wilde by the said writing Obligatory had given and commtited to the aforesaid William Rugge his Arbitrator and then altogether dissallowed and held void all and whatsoever the aforesaid William Rugge after the delivery of the same writings of revocation should do to him in and about the said Arbitrament Rule Order Iudgement Arbitrament Sentence and Determination of all matters sutes controversies debates griefs and contentions then before moved and stirred or then after depending between the said parties touching or concerning the sum of 22 pence taxed upon the said William Wilde according to the aforesaid writing Obligatory as it was in the same mentioned and declared as by the said writing of Revocation more fully appeareth and this he is ready to aver whereupon in as much as the aforesaid William Wilde after the making of the writings aforesaid before c. the said Feast of Saint Michael the Archangel then next following in form aforesaid discharged and dissallowed the Arbitrator aforesaid of all authority of arbitrating of and upon the premises in the condition aforesaid above specified contrary to the form and effect of his condition and submission in the same mentioned the said Robert prayeth Iudgment and his debt aforesaid together with his damages by occasion of detayning of the same debt to be adjudged unto him c. and with that the said Robert will aver that the aforesaid writing obligatory here in Court brought and the aforesaid writing in the aforesaid writing of revocation specified is one and the same writing and not other nor diverse And the said William Wilde saith that the plea of the said Robert above by repplication pleaded is not sufficient in Law to bar him the said Robert his action aforesaid against the said William to have and maintain and that he to that plea in manner and form aforesaid pleaded needeth not nor by the Law of the Land is bounden to answer and this he is ready to aver whereupon and for want of
appurtenances in the declaration aforesaid specified upon the possession of the aforesaid Edward Griffin be and in Law ought to be adjudged a lawfull entry in to the said Messuage or not the Jurors aforesaid are altogether ignorant and pray the advise of the Court here c. and if upon the whole matter aforesaid in form aforesaid found It shall seem to the Court here that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the aforesaid Martin Bowes Knight be a lawfull entry then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is guilty of the trespass and ejectment aforesaid as the said Henry within against him complayneth and assess the damages of the said Henry by the occasion of the trespass and ejectment aforesaid besides charges and costs by him about his sute in this behalf to 12 pence and for his charges and costs to 5 shillings and 4 pence and if to the Court of the said Lady the Queen here it shall seem that the aforesaid entry of the aforesaid Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight be not a lawfull entry Then the Jurors aforesaid say upon their oath aforesaid That the said Edward Griffin is not guilty of the Trespass and Ejectment aforesaid as the said Henry Page within hath alleged And because the Barons here will advise of and upon the premises before they give their judgement thereof day is given to the parties aforesaid here untill 8 dayes of Saint Michael next comming to hear their Judgment because the Barons here thereof not yet c. at which day come the paries aforesaid by their Attorneys aforesaid and because the Barons are not yet avised of giving their Judgement of and upon the premises further day is given to the parties aforesaid here until from Ester day in 15. dayes next comming to heare their Judgement because the Barons thereof are not yet c. at which day came the said parties by their Attorneys aforesaid And upon this the premises by the Barons here seen and mature deliberation thereof had betwixt themselves because it seemeth to the said Barons that the aforesaid entry of the said Thomas Bowes Master of Arts Son of the said Thomas Bowes Son of the said Martin Bowes Knight is a Lawfull entry Therefore it is granted that the said Henry Page recover against the said Edward Griffin his possession of his term aforesaid then to come of and in the Messuage aforesaid with the appurtenances in the declaration aforesaid above specified and his damages by the occasion of the trespass and ejectment aforesaid to 54 shillings and 4 pence by the Jurors aforesaid in form aforesaid asseised as also further 8 pound and 10 shillings to the said Henry Page at his request for his charges and costs aforesaid by the Court here of encrease adjudged which damages in the whole do amount to 11. pound 4. shillings 4. pence and that the said Edward Griffin be taken c. And hereupon by a writ of the said Lady the Queen here issuing forth at at the request of the aforesaid Henry Page it is commanded to the sheriffs of London that to the aforesaid Henry they his full possession of his term yet to come of and in the Messuage aforesaid with the appurtenances in the declaration above specified without delay to him they give and how the said precept is executed that the said sheriff make it appear to the Barons of the Exchequer of the said Lady the Queen here the morrow of the Holy Trinity next to come and also it is commanded to the said Sheriffs that of the goods and chattels of the said Edward Griffin in their Balywick the said 11. pound 4. shillings and 4 pence for the damages aforesaid in form aforesaid recovered they do execution and that the said money when they have so levyed they have before the Barons here at the aforesaid Term to the said Henry Page or to his Attorny in this behalf then here to be paid c. And that afterwards the said Lady the Queen that now is sâ—nt her writ under her great seal ouâ— of her Chancery to the Treasurors and her Barons of the Exchequer â—ere directed which is enrolled in the remembrance of this Exchequer of the 31th year of the Raign of Queen Elizabeth that now is that is to say amongst the Records of Esther Term remaining with the remembrancer of the said Lady the Queen here The tenor of of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland Queen defender of the faiâ—h c. To the Treasuror and her Barons of the Exchequer greeting because that in the Record and process and also of giving of Judgement of a plea which was in our Court before you the aforesaid Barons in our Exchequer aforesaid by bill between Henry Page our debtor and Edward Griffin of a certain trespass and Ejectment of his Farm to the said Henry by the said Edward done as is said Error manifest hath intervened to the grevious damage of the said Edward as of his complaint we have received And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitors at Westminster in the year of his Reign the 31th holden made amongst other things it was agreed and established That in all cases touching us and other persons where one complaineth of Error done in the Exchequer the Chancellor and Treasurer shall do to come before them in some Chamber neer unto the Exchequor the Record and Process out of the Exchequor and taking to them Justices and other sage persons such as shall seem fit to them to be taken and also calling before them the Barons of the Exchequor aforesaid to hear their informations and causes of their Judgments and hereupon shall dulie examine the business and if any Error shall be found to correct the same and to amend the Rolls and after to send the same into the said Exchequor to make thereof execution as in the statute aforesaid more fully is conteyned we therefore willing Error if any be according to the form of the aforesaid statute to be corrected to the parties aforesaid full speedy Justice in the premises to be done Command you that if Judgement thereupon be given That then the Record process aforesaid with all things touching the same before our Chancellor of England and you the aforesaid Treasurer in the Chamber next unto the Exchequer aforesaid called the Councel Chamber the third day of June next to come you cause to come that the said Chancellor and you the aforesaid Treasurer seeing and examining the Record and process aforesaid and your informations being heard you the said Barons farther in this behalf with the Council of the Justices and other sages do that which of right and according to the form of
the statute aforesaid is to be done Witness my self at Westminster the 6th day of May in the year of our Raign the 31th and that afterwards the said Lady the Queen that now is sent here another writ under her great seal out of the Chancery to the Treasurer and her Barons of this Exchequor directed which is enrolled in the Remembrancers of the said Exchequer of the 31 year of the now Queen Elizabeth that is to say amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen here the Tenor of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland defender of the faith c. To the Treasurer and Barons of her Exchequer greeting Because in the Record and process and also in giving of Judgment of a plea which was in our Court before you the aforesaid Barons of our Exchequor aforesaid in Easter Term last past by Bill between Henry Page our Debtor and Edward Griffin of a certain trespass and Ejectment out of his Farm to the said Henry by the said Edward done as is said manifest Error intervened To the grevious damage of the said Edward as by his complaint we have received and whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 13th made amongst other things it was agreed unto and established that in all cases the King and other persons touching where any complaineth of Error done in the Exchequor the Chancellor and Treasurer shall cause to come before them in some Chamber of Councel nigh unto the Exchequor the Record and process out of the said Exchequor and taking to them the Justices and other sages whom they shall think fit to be taken and also to be called before them the Barons of the Exchequor aforesaid to hear their informations the causes of their Judgement thereupon shall cause the business duly to be examined and if any Error shall be found that they correct the same and the rolls to be amended We therefore willing Error if any were according to the form of the statute aforesaid to be amended and full and speedy Justice to be done to the parties in his behalf we command you that if Judgment thereof be given that then the Record and process aforesaid with all concerning the same before our Chancellor of Englaâ— and you the aforesaid Treasurer in the Council Chamber neer unto the Exchequer aforesaid 10th day of this Instant moneth of June your cause to come That the same Chancellor and you the said Treasurer the Record and Process aforesaid being seen and hearing your informations you the said Barons further in this behalf of the Council of the Justices and the other sages do that which of right and aâ—â—ording of the form of the statute aforesaid is to be done Witness my seâ—â— at Westminster the third day of June in the year of our Reign the 31. At which day the aforesaid Chancellor and Treasurer into the Chamber aforesaid did not come and that aâ—terwards the said Lady the Queen that now is sent another writ under her great Seal out of her Chancery To the Treasurer and Barons of this Exchequer directed which is enrolled in the Remembrancers of the said Exchequer of 31th year of Queen â—lizabeth that now is that is to say amongst the Records of Trinity Term Rot. Remaining with the Remembrancer of the said Lady the Queen the Tenor of which writ followeth in these words ss Elizabeth by the grace of God of England France and Ireland Queen defendor of the Faith c. To the Treasurer and Barons of the Exchequer greeting Because that in the Record and process and also in giving of Judgement which was in our Court before you the aforesaid Barons of our Exchequer aforesaid in Easiher Term last past by Bill between Henry Page our debtor and Edward Griffin of a certain Trespass and Ejectment of him out of his Farm to the said Henry by the aforesaid Edward Griffin done as is said Error manifest intervened to the grievous damage of the said Edward as by his Complaint we have received And whereas in a statute in Parliament of the Lord Edward late King of England the third our Progenitor at Westminster in the year of his Reign the 31th holden it was amongst other things agreed unto and established that in all cases the King and other persons touching where any complains of Error done in process in the Exchequer the Chancellor Treasurer shall cause to come before them in some Chamber of Council nigh unto the Exchequor the said Record and process out of the said Exchequer and taking to them the Justices and other sages as to them they shall seem good to be taken and also to be called before them the Barons of the Exchequer aforesaid to heare their informations and the causes of their Judgment and thereupon the business aforesaid duly to be examined and if any Error shall be sound the same to be corrected and the Rolls to be amended and afterwards to send them into the said Exchequer to do execution thereof as belongeth as in the said statute is conteyned We therefore willing Error if any such shall be according to the form of the statute aforesaid to be corrected and to the parties aforesaid full and speedy Justice to be done in that behalf Command you that if Judgment be thereof given Then the Record and process with all touching the same before our Chancellor of England and you the said Treasurer in the Chamber of Councel neer unto the Exchequer aforesaid called the Councel Chamber the 14th day of October then ollowing you cause to come that the said Chancellor and you the said Treasurer seeing and examining the Record and process aforesaid and your informations being heard you the said Barons further in this behalf with the Councel of the Justices and other sages cause to be done what of right and according to the form of the statute aforesaid is to be done Witness my self at Westminster the 13th day of June in the year of our Reign the 31th At which 14th day of October before Christopher Hatton Knight Chancellor of England and William Cecil Knight Lord Burghley Treasurer of the Exchequer aforesaid in the said Chamber neer the Exchequer aforesaid at Westminster came the said Edward Griffin by Richard Hatton his Attorny and the aforesaid Traesurer and Barons the Recâ—â—d and process aforesaid with all things touching the same then and there caused to come and upon that the said Edward said That in the Record and process aforesaid and also in the giving of the Judgement aforesaid It is manifestly Erred First in this that is to say because it doth not appear in the Record aforesaid that the aforesaid Thomas Bowes Master of Arts in the Record aforesaid above named was seised of the remaynder of the Messuage aforesaid
mentioned of which wound the said Richard Fells then and there that is to say in the Parish and Ward last aforesaid instantly dyed And futher the Jurors aforesaid say That at the time of the Killing of the aforesaid Rich. Fells in maner and form aforesaid The said Jo. Murray and John Engles otherwise English were present aiding to the said John Mackall otherwise Mackalley to him the said Richard Fells in manner aforesaid to be killed But whether upon the whole matter aforesaid by the Jurors aforesaid in form aforesaid found The killing aforesaid of the said Richard Fells in form aforesaid don be Murther or not the Jurors aforesaid do not know And thereof demand the Advise of the Justices and Court here and if upon the whole matter aforesaid It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells be Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid John Murray John Mackally and Iohn English are guilty and every one of them is guilty of the Murder of the said Richard Fells in manner and form as by the Indictment aforesaid against them it is supposed And that they at the time of Murder aforesaid in form aforesaid committed had no Goods or Chattels Lands or Tenements to the knowledge of the Jurors aforesaid And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid killing of the aforesaid Richard Fells in form aforesaid committed be not Murder Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not guilty nor any of them is guilty of the Murther of the aforesaid Richard Fells as they have alleged nor for that occasion ever with-drew themselves or any of them with-drew himself And if upon the whole matter aforesaid in form foresaid found It shall seem to the Justices and Court here That the killing of the aforesaid Richard Fells in form aforesaid done be Fellony or Man-slaughter Then the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are guilty and every of them is guilty of the Felony and Man-slaughter aforesaid And that they have no goodâ— nor Chattels Lands or Tenements And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid Archibald Miller in the said Indictment named of the Felony and Murder aforesaid is not guilty nor for that occasion ever with-drew himself Therefore it is considered by the Court That the aforesaid Archibald Miller go thereof acquitted without day c. And because the Court here of giving their Judgement of and upon the premises concerning the aforesaid Iohn Murray Iohn Mackall and Iohn Engles are not yet avised Day is given to the aforesaid Iohn Murray Iohn Mackall and Iohn Engles until the next Sessions of Gaol Delivery aforesaid for the aforesaid City to be holden under the Custody of the aforesaid Sherifs in the mean while committed safely to be kept for to hear their Judgement thereof c. And because the Justices aforesaid are not yet c. Indictments The Record of the Conviction of Carliel and others The Lord Sanchars Case C. 9. part fol. 114. THE Inquisition taken at the Sessions of the Peace of the Lord the King for the City of London at the Guild-hall of the City of London aforesaid upon VVednesday the 27th day of May In the yeer of the Reign of our Lord Iames by the Grace of God of England France and Ireland King Defender of the Faith c. the 10th and of Scotland the 45th before James Pemberton Knight Mayor of the City of London aforesaid Stephen Soan Knight John Garrad Knight Thomas Bennet Knight Thomas Low Knight Henry Row Knight and Henry Mountague Knight one of the Sergeants at Law of the Lord the King and Recorder of the said City Justices of the said Lord the King to the Peace in the City aforesaid to be kept As also to divers Felonies Trespasses and misdeeds in the said City committed to hear determine assigned by the oaths of William Palmer John Pemberton Edward Bishop John Harrison William Erbury Thomas Nicholson Humphry VVaterson John Woodhall Zachary Healing Richard Downes Thomas Eagles Thomas Dennis Richard Taylor Meredith â—roughton and Ralph Hanson good and lawful men of the Body of the City aforesaid Who say upon their Oath aforesaid That Robert Carliel late of London Yeoman and John Jrweng late of London aforesaid Yeoman Not having God before their Eyes but moved and seduced by the Instigation of the Devil The 11th day of May in the yeer of the Reign of our Lord James by the Grace of God of England France and Ireland King Defender of the Faith c. and of Scotland the 45th at London aforesaid that is to say in the Parish of St. Dunston in the East in the Ward of Farrington without London aforesaid with force and Armes c. Feloniously on their fore though Malice in and upon one John Turner then and there being in the Peace of God and of the said Lord the King made an assault and an affray And the aforesaid Robert Carliel a certain Gun called a Pistol of the value of 5. shillings then and there charged with Gunpowder and one leaden Bullet which Gun the aforesaid Robert Carliel in his Right Hand then and there had and held in and upon the aforesaid John Turner then and there Feloniously voluntarily and of his fore-thought Malice did shoot off and discharge And the aforesaid Robert Carliel with the leaden Bullet aforesaid from the Gun aforesaid then and there sent out the aforesaid John Turner in and upon the Left part of the Body of him the said John Turner neer the Left Papp of the said John Turner then and there feloniously struck giving to the said John Turner then and there with the leaden Bullet aforesaid out of the Gun aforesaid then and there sent out in and upon the aforesaid Left part of the Body of the said Iohn Turner neer the aforesaid Left Papp of the said Iohn Turner one mortal Wound of the Bâ—edth of half of one Inch and in the Depth of 5. Inches of which mortal Wound the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid instantly dyed And that Iames Irweng Feloniously and of his fore-thought Malice then and there was present adjoyning assisting abbetting comforting and maintaining the aforesaid Robert Carliel to the Felony and Murder aforesaid in form aforesaid Feloniously to be done and committed And so the Jurors aforesaid upon their Oath aforesaid say That the aforesaid â—obert Carliel and Iames Irweng the aforesaid Iohn Turner at London aforesaid in the Parish and Ward aforesaid in manner and form aforesaid Feloniously Voluntarily and of their fore-thought Malice did kill and murder contrary to the Peace of the Lord the King that now is his Crown
of her Exchequer Greeting Because in the Record and process and also in giving of Judgement in the plaint wch was in our Court before you the aforesaid Barons of our Exchequer aforesaid in the yeers of our Reign the 37th By Bil between us and Richard Bushopp of certain trespasses and intrusions in certain of our Woods with the appurtenances called Alton otherwise Aluington Woods conteyning by estimation 3000 Acres of Wood manifest Error hath entervened to our great damage And whereas in the statute in the Parliament of the Lord Edward late King of England the 3d. our progenitor at Westminster and in the year of his Reign the 31th holden made amongst other things It is agreed and established that in all cases the King or other persons touching where any one complaineth of Error made in the process in the Exhequer The Chancellor and Tresurer cause to come before them in some Chamber of Counsel nigh to the Exchequer the Record of the process of the same out of the Exchequer and taking to them the Justices and such like sages as to them shall seem fit to be taken They cause to be called before them the Barons of the Exchequer aforesaid to hear their Informations and the causes of their Judgement and the business thereupon to be duly examined And if any Error was found the same to be corrected and the Rolls to be amended and afterwards them in the said Exchequer to do execution thereof to be remitted as belongeth as in the said Statute it is conteyned We therefore willing Errors if any such were according to the form of the statute aforesaid to be corrected and speedy Justice to be done in that behalf Command you that if Judgement thereof be given then the Record and process aforesaid with alll things concerning the same before our beloved faithful Counsellor Tho. Egerton Kt. keeper of our great Seal of England and how the aforesaid Tresurer in the Councel Chamber next to the Enchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 21th day of the moneth of April you cause to come And to the same Keeper of our great Seal and you the aforesaid Tresurer the Record being seen and examined and the process aforesaid and your informations being heard and you the aforesaid Barons further in this part with the Councel of the Justices and other sages aforesaid Cause to be done what of right and according to the form of the Statute was to be done Witnesse my self at Westminster the 11th day of April in the yeer of our Reign the 39th Symons At the said 29th day of the said Moneth of April the aforesaid Worthy Man Thomas Egerton Kt. Keeper of the great Seal of England and VVilliam Lord Burghley Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber next to the Exchequer aforesaid called the Councel Chamber and at the said day and place came before the Lord Keeper of the great Seal and the Lord Tresurer the aforesaid Atorney General of the Lady the Queen and for the said Lady the Queen said that in the Record and process aforesaid and in the giving of the Judgement aforesaid of and upon the aforesaid demurrer in Law it is diversly Erred that is to say that the aforesaid Richard Bushopp by his plea in barr of the information aforesaid pleaded doth suppose that the aforesaid late King Henry the 7th was seised of the reversion of the manor aforesaid with the appurtenances whereof c. As of Fee and Right in the right of his Crown of England by colour of the Attainder of the aforesaid Edward late Earl of VVarwick and by the force of the aforesaid Act of Parliament in the yeer of the Reign of the said late King the 19th in the Barr aforesaid mentioned by which Act it was enacted that the aforesaid Edward late Earl shâ—uld forfeit to the said late King all his Mannors Lands Tenements and Hereditaments whereas the aforesaid late King by vertue of the Attainder and Act of Parliament aforesaid as before is said made could not be seised of the Reversion aforesaid before inquisition thereof taken and of record remaining by which it should be sound that the aforesaid Earl at the time of the treason aforesaid by him committed or ever after was seised of the said Reversion as of Fee and right and in this that the aforesaid Richard doth suppose that the aforesaid late King Henry the 7th dyed seised of that Reversion and that the said Reversion descended to the aforesaid late King Henry the 8th as Son and Heir of the aforesaid late King Henry the 7th Whereas in fact the said Reversion did not descend to the said late King Henry the 8th nor by the Lawes of this Kingdom could descend before the Inquisition thereof for the aforesaid late King Henry the 7th thereof to be found and of Record to remain And in this that the said Richard Bushopp supposeth that by a certain Inquisition taken at the Castle of VVorcester the 5th day of July in the yeer of the Reign of the aforesaid late King Henry the 8th the 23th before Roger VVinter Esquire then Escheator of the said late King in the said County by virtâ—e of his office It was found that the aforesaid Edward late Earl of VVarwick was seised of the Reversion of the Manor aforesaid as of Fee and Right and so thereof being seised the aforesaid Act in the aforesaid Parliament of the aforesaid late King Henry the 7th in the 19th yeer of his Reign aforesaid was made in Manner and form aforesaid and that by Colour of the said Act of Parliament aforesaid the late King Henry the 7th was seised of the Reversion aforesaid as by the Inquisition aforesaid in the Court of Chancery of the said Lady the Queen at VVestminster in due manner reserved and here of Record remaining more fully appeareth Whereas every Inquisition taken upon whatsoever Attainder of High-Treason taken before the Escheator by virtue of his Office ought to be retorned into the Court of the Kings Exchequer and there ought to be filed and not in the Court of Chancery And if in the Court of Exchequer retorned and there of Record it be not filed then the said Inquisition is void and of no force in Law And in this That whereas the aforesaid Richard Bushopp supposeth That the aforesaid late King Henry the 8th the 3d. day of November in the yeer of his Reign the 23th by his Letters Patents under his great Seal of England sealed bearing date the same day and yeer reciting That whereas the said late King the 12th day of October in the 12th yeer of his Reign had given and granted to the abovesaid Walter Walshe the Mannor of Grafton Fleuard with the appurtenances for the Term of the life of the said VValter and whereas the same late King the 6th day of December in the yeer of his Reign the 21th by other his Letters
done in his behalf command you that if Judgement be thereof given then the Record and Process aforesaid with all things touching the same before our beloved and faitfull Councellor Thomas Egerton Knight Keeper of our Great Seal of England and you you the aforesaid Tresurer in the Chamber of Councel nigh the Exchequer aforesaid called the Councel Chamber upon Tuesday that is to say the 15th day of February next comming cause to come that the same Keeper of our Great Seal and you the aforesaid Tresurer the Record aforesaid seeing and the process aforesaid and hearing your Informations you the aforesaid Barons cause to be done what of right according to the form of the statute aforesaid was to be done Witnesse my self at Westminster the 29th day of January in the yeer of the Reign the 42th Symons And at the aforesaid 5th day of February in the aforesaid Writ mentioned The aforesaid Thomas Egerton Knight Keeper of the Great Seal of England and Thomas Lord Buckhurst Lord Tresurer of England caused to come before them the Record aforesaid in the aforesaid Chamber nigh the Exchequer aforesaid called the Council Chamber And at the same day and place come before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer the aforesaid Attorny of the Lady the Queen and for the said Lady the Queen saith That in the Record and processe and also in the giving of the Judgement aforesaid It is diversly erred in manner and form as by the aforesaid Articles of Errors by him first alleged and assigned above it is alleged And for the said Lady the Queen prayeth another Writ of the Lady the Queen to warn the aforesaid Richard Bushopp to be before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer at a certain day to hear the Record and Processe aforesaid and also the Errors aforesaid c. and it is granted unto him And it is commanded to the Sherif of the County of Worcester That by good and lawful men of his Balywick he warn the said Richard Bushopp that he be before the aforesaid Lord Keeper of the Great Seal and the Lord Treasurer in the Chamber aforesaid at Westminster the first Tuesday in the Term of Easter next following to hear the Record and Processe aforesaid as also the Errors aforesaid above alleged and further c. What to the Court c. At which day before the aforesaid Lord Keeper and Lord Tresurer in the Chamber aforesaid the Sherif of the County of Worcester aforesaid that is to say William Childe Esquire Retorned the Writ aforesaid endorced thus ss By virtue of this Writ to me directed I gave warning to the aforesaid Richard Bushopp by John Jolley John Harris Thomas Penington and John Wemb good and lawful men of my Balywick to be before the said Keeper of the Great Seal at the day and place within contained as within to me is commanded And upon this the aforesaid Richard Bushop by Arthur Salway his Attorny at the same day in the Chamber aforesaid likewise cometh and demands the hearing of the Record and Processe as also of the Errors aforesaid and they are read unto him c. Which being read and heard the said Richard saith That in the Record and processe aforesaid in nothing it is erred And prayeth That the aforesaid Lord proceed to the Examination aswel of the Record and Processe aforesaid as of the businesse aforesaid for Errors by the said Attorny of the said Lady the Queen above alleged according to the form of the aforesaid Statute thereof made And the aforesaid Attorny of the Lady the Queen for the said Lady the Queen saith as before he had said and prayeth likewise c. And because the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer will further avise themselves of and upon the premises before they give their Judgement thereof day is given to the aforesaid Richard Bushop in the Chamber aforesaid until Tuesday next to hear their Judgement thereof c. At which day before the said Lord Keeper and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushop by his Attorny aforesaid And because the aforesaid Lord Keeper and Lord Tresurer are not yet avised of giving their Judgement of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday to hear their Judgment thereof c. At which day before the Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at VVestminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid and because the aforesaid Lord Keeper and Lord Tresurer are not yet a vised of the giving of their Judgment of and upon the premises further day is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until the first Tuesday in the Term of Holy Trinity then next comming to hear Judgement thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid because the aforesaid Lord Keeper of the Great Seal Lord Tresurer are not yet avised of giving their Judgement of and upon the premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the great Seal and Lord Tresurer in the Chamber aforesaid untill Tuesday the third day of June the same Term of Holy Trinity to hear Judgment thereof At which day before the aforesaid Lord Keeper of the Gâ—eat Seal and Lord Tresurer in the Chamber aforesaid at Westminster cometh the aforesaid Richard Bushopp by his Attorny aforesaid And because the aforesaid Lord Keeper of the Great Seal and Lord Tresurer are not yet avised of giving their Judgement of and upon the Premises day further is given to the aforesaid Richard Bushopp before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid until Tuesday the 10th day of June next the same Term of the Holy Trinity to hear their their Judgment thereof At which day before the aforesaid Lord Keeper of the Great Seal and the Lord Tresurer in the Chamber aforesaid at Westminster cometh Rchard Bushopp by his Attorny aforesaid And upon this the premises being seen by the aforesaid Lord Keeper of the Great Seal of England and the aforesaid Tresurer and mature deliberation thereof amongst them being had and taking to them the aforesaid John Popham Knight Chief Justice of the said Lady the Queen for Pleas before the Queen her self to be holden assigned and Edmond Anderson Knight Chief Justice of the said Lady the Queen of the Bench as also of Francis Gawdy one of the Justices to Pleas before the aforesaid Lady the Queen to be
holden assigned and calling before them the Barons of the Exchequer aforesaid and the reasons of the Judgement aforesaid of the said Barons being heard Because it seemeth to the aforesaid Keeper of the Great Seal of England and to the aforesaid Tresurer with the Counsel of the Justices aforesaid That in the Record and Processe aforesaid and also in the giving of the Judgement aforesaid it is manifestly erred Therefore it is granted by the said Keeper of the Great Seal of England and the aforesaid Tresurer That the Judgement aforesaid be conversed and annulled And that the aforesaid Richard Bushopp of the Entry Intrusion Trespasse and Contempt aforesaid be convicted And that the aforesaid Richard Bushopp be amoved from the possession of the premises And be Attached by his Body wheresoever c. To make fine with the Lady the Queen for the aforesaid his Trespass and Contempt whereof in form aforesaid he is convicted And that the Record aforesaid be sent back into the Exchequer aforesaid for the Execution therof for the aforesaid Lady the Q. to be done according to the form of the Statute aforesaid thereof made Therfore it is agreed by the Barons here That the Writ of the Lady the Queen that now is issue forth out of the Court here to amove the aforesaid Richard Bushopp from the possession of the premises aforesaid And to attach the aforesaid Richard by his body wheresoever c. to make fine for the Trespass aforesaid and contempt whereof in form abovesaid he is convicted retorneable here in 8 dayes of Saint Michael and it is commanded to the said Sheriff of the said County of Worcester that him the said Richard he amove attach in the form aforesaid Monstrans de Droit C. 1. part Digges Case fo 157. a. England ss Memorandum That Thomas Egerton Knight Lord Keeper of the Great Seal of England Tuesday next after 8. dayes of St. Hillary this Term before the Lady the Queen at Westminster by his own proper Hands delivered here into Court a certain Record before the Lady the Queen in her Chancery had in these words Pleas before the Lady the Queen in her Chancery at Westminster in the County of Middlesex of the Term of Easter in the veer of the Reign of our said Lady Elizabeth by the Grace of God of England France and Ireland Queen defender of the Faith c. the 40 th THe Lady the Queen that now is sent her writ closed to the Sheriff of Sussex directed in these words Elizabeth by the grace of God of England France and Ireland Queen defender of the faith c. To the Sheriff of Sussex greeting c Whereas by a certain inqusition Inacted taken at Dartford in our County of Kent the 8th day of November in the year of our Reign the 35th before Edward Fenuer one of our Justices to pleas before us to be holden assigned William Sydley Justinian Champnes Edward Cook Esquiers and William Kneaplock Gent. Deputy of our Escheator of our County aforesaid by virtue of our Commission to them and others in that behalf directed to enquire after the death of Thomas Digges Esquire by the Oaths of good and lawfull men of the County aforesaid amongst other things It is found that the aforesaid Thomas Digges in the same commission named was seised in his demesn as of Fee amongst other things of and in the Manor of Owtelmestone with the appurtenances and in all Lands and Tenements with the appurtenances to the same belonging and appertaining lying and being in the said County of Kent and of 110 Acres of Land Meadow Pasture and Wood with the appurtenances called Estendown and Beacondown lying and being in Barham and Kingstone in the said County of Kent and of and in the Manor of Yoke and Yokes Court and Fokeham and in all Messuages Lands Tenements and Hereditaments to the said Manors belonging and appertaining lying and being in the said county of Kent and of 40 Acres of Land Wood and Pasture called Throuhgly Close and Tyllers in Barham aforesaid which late were purchased of William Boyes Gentleman by way of Exchange and of 2 Acres of Land and Wood lying and being in Wemingswold in the aforesaid County and farther by the Inquisition aforesaid it is found that Thomas Arch. Bishopp of Canterbury being seised in his demesn as of Fee as in the right of his Arch Bishoprick of Canterbery aforesaid of and in the Manor of Bishopps Born with the appurtenances in the said County of Kent by an Act of Parliament at Westminster in the County of Middlesex in the yeer of the Reign of Henry late King of England the 8th the 34th made and provided amongst other things it is enacted established that one Thomas Culpeper Esq should have hold and enjoy by authority of the said Act aforesaid to him and his heirs of the bodie of him the said Thomas of the bodie of one Elizabeth somtimes his wise deceased lawfully begotten and for default of such issue the remainder thereof to the Heirs of the bodie of the aforesaid Elizabeth and for default of such issue the remainder thereof to the right Heirs of one William Hante for ever the aforesaid Manor of Bushops born with the appurtenances in the said County of Kent and then parcel of the possessions of the said Arch-Bishop to hold the Manor aforesaid with the appurtenances amongst other things of the aforesaid Lord the King his Heirs and Successors in Capite by the 20th part of a Knights Fee and the Rent of 38 shillings by the yeer By virtue of which Act of Parliament the said Thomas Culpeper entred into the aforesaid Manor with the appurtenances and was thereof seised as the â—aw required and so being thereof seised the same Thomas Culpeper by sufficient conveyance and assurance in Law conveyed and assured the aforesaid Manor of Bishopsborn with the appurtenances to one Anthony Awcher Knight to have and to hold to him and his heirs By virtue of which the said Anthony Awcher Knight in the aforesaid Manor of Bishopsborn with the appurtenances entred and was there of seised in his demesn as of Fee the estate of which Anthony Awcher of and in two parcels of Land and Wood with the appurtenances called the Haute and Reed conteyning by estimation 60 Acres of Land late were purchased by Christopher Digges Father of the aforesaid Thomas Digges in the said Commission named lying and being in Barham aforesaid and in Bourn of which he died seised the said Thomas Digges was of the aforesaid parcels of Land Wood with the appurtenances seised in his demesn as of Fee which parcel of Land and Wood with the appurtenances called the Haute and Reed at the time of the making and ordeyning of the said Act of Parliament time whereof the memory of men is not to the contrary were parcel of the said Manor of Bishopsborn the said Tho. Digges of the Manors Lands and Tenements other the premises aforesaid with the
now is the 6th abovesaid by his deed sealed with his Seal and to the Jurors aforesaid shewed in Evidence whose date is the said 6th day of July aforesaid of the Manor aforesaid with the Appurtenances whereof c. Enfeoffed the aforesaid John Chichester To have and to hold the said Manor with the Appurtenances whereof c. To the said John Chichester his Heirs and Assigns for ever to the only use and behoof of the said John Chichester his Heirs and Assigns for ever And by the said deed aforesaid The said Christopher granted for him and his Heirs That he and his Heirs the Manor aforesaid with the Appurtenances whereof c. to the aforesaid John Christopher his Heirs and Assigns to the only use and behooâ— of the said John Christopher his Heirs and Assigns against all Men would warrant and defend by the said deed as by the said deed more fully appeareth By virtue of which Fefeoffment and of which aforesaid Bargain and Sale the aforesaid John Chichester was seized of the Manor aforesaid with the Appurtenances whereof c. as the Law requireth And so living thereof seized The aforesaid Christopher Chudleigh aftewards and before the within written time in which c. that is to say the first day of October in the yeer of the Reign of the Lady the Queen that now is the 12th dyed being the aforesaid Stretchly Chudleigh Eldest Son and Heir of the said Christopher and John Chudleigh his second Son And afterwards and before the time in which c. that is to say the 7th day of November in the yeer of the Reign of the said â—ady the Queen that now is the 13th The said Stretchley Chudleigh dyed without issue of his Body begotten the said John Chudleigh Brother and Heir of the said Strechley then living and in full life being that is to say at Tawstock aforesaid in the County aforesaid And that the aforesaid John Chudleigh after the death of the aforesaid Stretchley his Brother was and yet is Heir of the aforesaid Christopher Chudleigh his Father And the said John Chudleigh of the Manor aforesaid with the Appurtenances whereof c. in form aforesaid being seized The said John Chichester before the within written time in which c. that is to say the 6th day of September in the yeer of the Reign of the said Lady the Queen that now is the 7th of the Manor aforesaid with the Appurtenances whereof c. enfeoffed one Philip Chichester Gentleman To have and to hold the said Manor with the Appurtenances whereof c. to the said Philip Chichester his Heirs and Assigns for ever to the only use of him the said Philip Chichester his Heirs and Assigns for ever By virtue of which Feoffment the said Philip Chichester was seized of the Manor aforesaid with the Appurtenances whereof c. as the Law requireth And that the Close aforesaid with the Appurtenances in which c. is and the within written time in which c. as also from the whole time aforesaid was customary Land of the Manor aforesaid and demised and demisable by Copy of Court Roll of the Manor aforesaid by the Lord or his Steward of the Manor aforesaid for the time being to any person or persons who were willing to take the same for Term of Life or Lives at the will of the Lord according to the Custom of the Manor aforesaid And the aforesaid PHILIP Chichester of the Manor aforesaid with the Appurtenances whereof c. as the Law requireth c. Being seized before the time within which c. That is to say the 8th day of October in the yeer of the Reign of the said Lady the Queen that now is the 15th At the Court of his Manor aforesaid then holden at the said Manor of Hescot aforesaid of his own delivery the Close aforesaid with the Appurtenances amongst other things to the aforesaid John Frayne granted for the Term of his Life at the Will of the Lord according to the Custom of the Manor aforesaid By virtue of which grant the said John Frayne before the time in which c. entred and was thereof seized as the Law requireth c. And so thereof being seized the said John Chudley being Heir as before is said of the aforesaid Christopher Chudleigh before the within written time in which c. That is to say the 11th day of March in the yeer of the Reign of the Lady the Queen that now is the 28th in the Manor aforesaid with the Appurtenances whereof c. in and upon the possession of the aforesaid Philip Chichester thereof entred and was thereof possessed as the Law requireth c And so being possessed before the within written time in which c. that is to say the 11th day of March in the yeer of the Reign of the said Lady the Queen that now is Of the Manor aforesaid with the appurtenances whereof enfeoffed the aforesaid William Dillon To have and to hold that Manor with the Appurtenances whereof to the said William Dillon his Heirs and Assigns for ever By virtue of which Feoffment before the time in which c. The said William Dillon into the Close aforesaid with the Appurtenances in which c. in and upon the possession of the said John Frayne thereof entred and him the said John Frayne from his possession thereof expelled and amoved and was thereof seized as the Law requireth until the aforesaid John Frayne the within written 16th day of November into the Close within written with the Appurtenances in which c. in and upon the possession of the said William Dillon thereof entred and the Grasse then and there growing with the Gattel within written fed trod and consumed and continued the same from the aforesaid 16th day of November in the 29th yeer aforesaid until the within written 8th day of February the 30th yeer within written But whether upon the whole matter aforesaid in form aforesaid found the aforesaid John Frayne be guilty of the Trespasse within written or not the Jurors aforesaid are ignorant And thereupon pray the Advise and Discretion of the Court c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices here That the aforesaid Entry of the aforesaid John Frayne into the Close within written with the Appurtenances in and upon the possession of the aforesaid William Dillon thereof be not a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the said Frayne is guilty of the Trespasse within written as the aforesaid VVilliam Dillon above against him complaineth And then they assesse the Damages of the said VVilliam by occasion of that Trespasse above his costs and charges by him about his Sute in this part expended to 4. pence And for his costs and charges to 20. shillings And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here
against him complaineth But whether upon the whole matter aforesaid in form aforesaid found The aforesaid Entry of the said Edward into the Tenements aforesaid with the Appurtenances in which c. be a good and lawful Entry in Law or not the Jurors aforesaid are utterly ignorant And thereof pray the Advise and Consideration of the Court c. And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Edward in the Tenements aforesaid with the Appurtenances in which c. in and upon the possession of the said William Rud be not a good and lawful Entry in Law Then the said Jurors say upon their Oath That the aforesaid Edward Tooker is guilty of the Trespass within written as the said W. Rud above against him complaineth And assess the damages of the said William Rud by that occasion above his costs and charges by him about his Sute in that behalf expended to 6. pence and for his costs and charges of 20. shillings And if upon the whole matter aforesaid in form aforesaid found It shall seem to the Justices and Court here That the aforesaid Entry of the aforesaid Edward in the Tenements within wrtten with the Appurtenances in which c. in and upon the possession of the aforesaid William be a good and lawful Entry in Law Then the said Jurors say upon their Oath aforesaid That the aforesaid Edward is not guilty of the Trespass within written as the said â—dward above against him allegeth And because the Court of the said Lady the Q. here of giving their Judgement of and upon the premises is not yet avised day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queen at VVestminster aforesaid until Thursday next after the Morrow of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen hereof giving their Judgement of and upon the premises is not yet avised Day is given to the parties aforesaid before the Lady the Queeen at Westminster until Fryday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after 18. dayes of Easter to hear their Judgement of and upon the premises because the said Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised further day is given to the parties aforesaid before the Lady the Queen at Westminster until Fryday next after the Morrow of Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster until Saturday next after 8. dayes of Saint Michael to hear their Judgement o and upon the premises because the Court of the Lady the Queen here thereof yet c. At which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised day thereof further is given to the parties aforesaid before the Lady the Queen at VVestminster aforesaid until Monday next after 8. dayes of Saint Hillary to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet At which day before the Lady the Queen at Westminster aforesaid come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen of giving their Judgement of and upon the premises is not yet avised Day thereof is further given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Wednesday next after 18. days of Easter to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day further thereof is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Fryday next after the Morrow of the Holy Trinity to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. AT which day before the Lady the Queen at VVestminster come the parties aforesaid by their Attornies aforesaid And because the Court of the said Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Monday next after 8. dayes of Saint Michael to hear their Judgement of and upon the premises because the Court of the Lady the Queen here thereof not yet c. At which day before the Lady the Queen at Westminminster come the parties aforesaid by their Attornies aforesaid And because the Court of the Lady the Queen here of giving their Judgement of and upon the premises is not yet avised Day thereof further is given to the parties aforesaid before the Lady the Queen at Westminster aforesaid until Monday next after 8. dayes of Saint Hillary to hear
here untill from the day of St. Michael in one Moneth then next following At which day here cometh as well the said Owen as the said John by their Attornies aforesaid and upon this further prayeth liecnce thereof to imparl here c. Until from Easter day in 15. dayes and hath it c. And the same day is given to the said Owen here c. At which day of 14. dayes of Easter came as well the aforesaid Owen as the aforesaid John by their Attornies aforesaid and upon this The said Owen prayeth that the aforesaid John to his Writ and Declaration aforesaid answer And the said John Drury saith That he for any thing before alleged from having execution of his Debt and Damages against him the said Owen ought not to be barred or delayed Because he saith That after the aforesaid time in which it is supposed the aforesaid Owen out of the custody of the aforesaid Sheriff of Surry to have escaped and before any further execution against the aforesaid Owen by him the said John by Colour of the Judgement aforesaid was sued forth and had that is to say in the Term of St. Michael in the yeer of the Reign of the said Lord the King that now is the 6th abovesaid out of the aforesaid Court of the said Lord the King that now is of the Bench here upon the Outlawry as is before said pronounced Issued forth a certain Writ of the said Lord the King of Capias utlagatum against him the said Owen At the Sute of the said John then to the Sheriff of the County of Midd. directed By which Writ The Lord the King commanded the aforesaid Sheriff of Midd. That he should not omit for any Liberty of his County but that he take the aforesaid Owen by the name of Owen Bray late of Cobham in the County of Surry Gent. Outlawed in the aforesaid County of Sussex the aforesaid 19th day of May in the year of the Reign of the Lord the King that now is the 6th abovesaid at the Sute of him the said John by the name of John Drury Doctor of Law Of a Plea of Debt whereof he was convicted if he should be found in his Baliwick and him should safe keep c. So as he have his Body here that is to say at Westminster aforesaid in the aforesaid morrow of All Souls the self same Term of St. Michael in the yeer aforesaid to do and to receive what to the Court of the said Lord the King thereof should consider in that behalf At which morrow of All Souls here that is to say at Westminster aforesaid cometh the aforesaid Owen by William Brown then his Attorny And the Sheriffs that is to say George Bolles and Richard Farrington then Sheriffs of the aforesaid County of Midd. then here sent That the aforesaid Owen was not found c. And upon this the said Owen then prayed the hearing of the Writ of Exigent upon which the said Owen at the Sute of the said John Drury aforesaid in form aforesaid stood Outlawed And it was then read to him in these words JAMES by the grace of God of England Scotland France and Ireland King defender of the Faith c. To the Sherifs of Sussex greeting We command you that you put in Exigent Owen Bray late of Cobham in the County of Surry Gent. from County in County until according to the Law Custom of our Kingdom of England he be Outlawed if he shall not appear And if he shall appear then that you him take cause safely to be kept so as you have his body before our Justices at West in the morrow of the Holy Trinity to satisfie to Iohn Drury Doctor of Law as well of a certain debt of 200. pounds which the said Iohn in the said our Court before our Justices at Westminster Recovered against him as of 33. shillings and 4. pence which to the said Iohn in the same our Court were adjudged for his Damages which he had by occasion of the detaining the same Debt whereof he is Convicted And sent to our Justices at Westminster in 8. dayes of St. Hillary That the aforesaid Owen is not found in your Baliwick And have here this Writ witnesse Edward Coke at Westminster the 25th day of Ianuary in the yeer of our Reign of England France and Ireland the 5th and of Scotland the 41. Which being read and heard The said Owen said That he of the Outlawry aforesaid ought not to have him charged because the said Writ of Exigent had not any certain day of Retorn these words Saint between the word morrow and Trinity not having any signification as by the Writ aforesaid then it appeared And for the same Cause the said Owen then prayed Judgement and that the Outlawrie aforesaid in form aforesaid pronounced and had be annulled made void and altogether holden for nought Upon which the Writ aforesaid then being seen And by the Justices here then fully understood To the same Justices it then appeared That the Allegation of the aforesaid William Brown in discharge of the aforesaid Owen of the Outlawry aforesaid was true Therefore then it was considered in the said Court here that the said Owen by occasion of the Outlawry aforesaid should not be be molested or troubled but should go thereof acquitted c. as by the Record thereof in the said Court here remaining fully appeareth And so the said John Drury saith That there is not any such Record of the Outlawry aforesaid as the said Owen by his Writ and Declaration aforesaid above supposeth And this he is ready to aver whereupon he prayeth Judgement if he from execution of his Debt aforesaid and damages aforesaid against the aforesaid Owen ought to be barred c. and the aforesaid Owin saith that the aforesaid plea of the aforesaid John in form aforesaid above pleaded is not sufficient in Law to the said John his execution by Colour of the Iudgment aforesaid to have and maintain and that he to that plea in manner and form aforesaid above pleaded needs not nor by the Law of the Land is bound to answer and this he is ready to aver wherefore for default of sufficient plea of the aforesaid John in this behalf the said Owen as at first prayeth Iudgement and that the said John from his execution by colour of the Iudgment aforesaid be barred and that the said Owen be thereof charged c. and the aforesaid John in as much as he sufficient matter in Law to him the said John his execution by colour of the Iudgment aforesaid against the said Owen to have and maintain above hath alleged which he is ready to aver which matter the said Owen doth not deny nor to the same any waies answereth but the said averrant altogether refuseth as before prayeth ludgement and execution of his Debt and damages aforesaid against the said Owyn to him to be adjuged c. and because the Iustices here will avise
be to him adjudged c. And because the Justices here will avise themselves of and upon the premises before they give their Judgement thereof Day is given to the parties c. REPLEVIN Trinity Term Anno 6 to of King James Rot. 1611. in the COMMON-PLEAS C. 9. part Henry Conneys Case BArtholmew Colpit was summoned to answer to Iohn Crane of a Plea wherefore he took the Cattel of the said John and them deteined against Gages and Pledges and whereupon The said Iohn by Thomas Ganton his Attorney complaineth that the aforesaid Bartholmew the 19th day of October in the yeer of the Reign of the Lord the King that now is the 5th at Fidde St Giles in a certain place there conteining in it two Acres of Pasture the Cattel that is to say 3. Steers of the said Iohn c. them unjustly deteined against Gages Pledges untill c. whereupon he saith he is the worse and hath damage to the value of 20. pound and thereof bringeth sute c. And the aforesaid Bartholmew by William Dany his Attorney cometh and defendeth the force and injury c. and as Bayliff to Iohn Welby Esquire doth well acknowledge the taking of the Cattel aforesaid in the place in which c. and justly c. Because he saith that the said place in which it is supposed the taking of the Cattel aforesaid to be done doth contein aforesaid time in which it is supposed the aforesaid taking to be done did contein in it self 2. Acres of Pasture with the appurtenances in Fidde Saint Giles aforesaid lying there in a certain Field called South graftfield neer the Lands foot of Richard Welby Gent. sometimes Richard Delaland on the part of the North and the Kirkland on the part of the West and that one Henry Conny Esquire before the time in which was seised of the aforesaid 2. Acres of Pasture with the Appurtenances in which c. in his demesn as of Fee and held the same of one William Stermin Esquire as of his Manor of Richards with the Appurtenances in Tidde St. Giles aforesaid by Fealty and the Rent of 13d yeerly at the Feast of Saint Michael the Archangel to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. weeks to 3. weeks upon seasonable warning at the Manor aforesaid to be holden Of which Services the said William Stermin was seised by the hands of the aforesaid Henry Conny as by the hands of his very Tenant that is to say Of the Fealty and Sute of Court aforesaid as of Fee and Right and of the Rent aforesaid in his demesn as of Fee Of which Manor with the Appurtenances the aforesaid William Stermin was seised in his demesn as of Fee and so thereof being seised the aforesaid William Stermin before the time in which c. Of the aforesaid Manor with the Appurtenances the aforesaid John Welby enfeoffed To have and to hold to the said Joh. Welby his Heirs Assigns for ever To which Feoffment by the aforesaid VVilliam Stermin to the aforesaid John VVelby in form aforesaid made the aforesaid Henry Conny afterwards and before the time in which c. that is to say the first day of November in the yeer of the Reign of Lord the King that now is the first then of the aforesaid two Acres of Lands with the Appurtenances in form aforesaid being seised at Fidde St. Giles aforesaid attorned By colour of which Feoffment and attorment aforesaid The said John VVelby was and yet is seised of the Manor aforesaid with the Appurtenances in his demesn as of Fee and because 40. shillings and 4 pence of the Rent aforesaid for 4. whole yeers was at the Feast of St. Michael the Archangel in the yeer of the Reign of the Lord the King that now is the 5th and after the Attornment aforesaid in form aforesaid had to the aforesaid John Welby the aforesaid time in which c. behind not paid The said Bartholmew as Bayliff of the aforesa Jo. Welby doth well acknowledge the taking of the Cattel aforesaid in the aforesaid place in which for the aforesaid 4. shillings and 4. pence of the Rent aforesaid so being behind and justly c. as within his Fee and Lordship And the aforesaid John Crane saith That the aforesaid Bartholmew as Bayliff of the said John Welby for the cause above alleged the taking of the Cattel aforesaid in the aforesaid place in which ought not avow to be just Because by Protestation that the aforesaid Henry Conny held not the aforesaid 2. Acres of Land with the Appurtenances of the aforesaid William Stermin as of his Manor of Richards aforesaid by Fealty and the Rent of 13. pence for every yeer at the Feast of Saint Michael to be paid as also by the Service of doing Sute at the Court of the said William Stermin of his Manor aforesaid from 3. Weeks to 3. Weeks upon reasonable warning at that Manor to be holden as the said Bartholmew above hath alleged And for Plea he saith That the aforesaid Henry before the time of the taking aforesaid done at the time of the taking c. was yet is seized of the aforesaid 2. Acres of Pasture with their Appurte in his demesnas of Fee held the same of Martin by Divine Providence then Bishop of â—ly as of his Manor of Fidde St. Giles with the Appurtenances in Fiddy Saint Giles aforesaid by Fealty only for all Services Without that that the aforesaid Henry at Fidde Saint Giles aforesaid to the aforesaid John Welby attorned Tenant in manner and form as the said Bartholmew above hath alleged And this he is ready to aver Wherefore for as much as the aforesaid Bartholmew the taking of the Cattel aforesaid in the aforesaid place in which c. above acknowledgeth The said John demandeth Judgement and his damages by the occasion of taking of the said Cattel to be to him adjudged c. And the aforesaid Bartholmew as at first saith That the said Henry did attorn Tenant to the aforesaid John Welby in manner and 〈◊〉 as the said Bartholmew above hath alleged And oâ— this puts 〈…〉 lf upâ—â— the Country and the said John likewise Therefore it is commanded to the Sheriff that he cause to come here from the day of the Holy Trinity in 3. Weeks 12. c. By whom c. And who neither c. Because as well c. And afterwards the day and place within conteined before Edward Coke Knight Chief Justice of the Lord the King of the Bench and William Daniel Knight one of the Justices of the Lord the King of the Bench aforesaid Justices of the said Lord the King to Assizes in the County of Cambridge to be taken assigned by the â—orm of the Statute c. this turn associated the presence of the aforesaid William Daniel not expected by virtue of the Writ of the said Lord the
as is aforesaid That then it shall be lawful to every or to any of my aforesaid Sons or Daughters for default of payment of the sums or sum due unto them or any of them by way of Annuity as is aforesaid into the Lands and Tenements and other Hereditaments above limited to my Eldest Son aforesaid and to his Heirs Males as aforesaid to enter and destrein and the destress there so taken lawfully with them or any of them to lead drive or carry away until every of them shall be fully satisfied and paid Item I will That after the decease of Martha my Wife if then my Eldest Son aforesaid or the Heir Male of his Body lawfully begotten then living shall be of the full age of 22. yeers That then the said Eldest Son or his Heir Male aforesaid shall have the aforesaid Lordship of Yoke and the Manors of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys to him and the Heirs Males of his Body lawfully begotten for ever And if then my Eldest Son aforesaid or his Heirs Males as is aforesaid shall come of the full age of 22. yeers Then I will that the yeerly Profits and Revenews of the abovesaid Lordship of Yoke and Manor of Falkham with their Appurtenances and the Lands aforesaid bought of Mr. Awcher and had in Exchange of Mr. Boys aforesaid until my sayd Eldest Son or his Heir Male abovesaid shall come to the full age of 22. yeers shall go and be imployed towards the payment of my Debts Legacies Payments and Annuities aforesaid Item I will That if it happen my Eldest Son aforesaid or his Heir Male aforesaid to depart this transitory world without Heirs Males or Male of his Body lawfully begotten Then for lack of such Heir Male All and every the aforesaid Lordship Manors Lands Tenements with the Appurtenances Rents Services and Hereditaments other than such as are appointed to be sold and for the Poor as aforesaid shall be and remain to his next Eldest Brother then living and to the Heirs Males of his Body lawfully begotten for ever paying yeerly to every of his Brothers my Sons then living until every of them shall be of the full age of 24. years 4. pound of lawful mony of England and to every of his Sisters my Daughters then living five Marks of lawful mony in such manner and form and so long as is afore specified Item I will That all and singular the abovesaid Lordships Manors Lands and Tenements with the Appurtenances Rents Reversions Services and Hereditaments whatsoever in the County of Kent or else where other than such as afore specified to be sold by Thomas Ovington aforesaid and willed to my Eldest Son aforesaid as is afore specified for lack of Heir Male of the Body of any my aforesaid Sons shall successively remain from Brother to Brother and to his Heir Male paying yeerly for so long to his Brothers and Sisters as is aforesaid And if it fortune all my said Sons depart this transitory world without Heirs Males or Male of their or his Body lawfully begotten Then for lack of such Heir Male I will all the aforesaid Lordship Manor Lands and Tenements with their Apurtenances Rents Reversions Services and Hereditaments in the Parishes of Leneham Frinsted Harrisham aforesaid shall be and remain to my Daughters aforesaid and to their Heirs for ever Item I will That all other my Lordships Manors Lands and Tenements with their Appurtenances Rents Reversions and Services and other Hereditaments in Barham aforesaid for lack of Heirs Males or Male of the Body of any of my Sons lawfully begotten shall remain to Thomas Digges one of the Sons of Leonard Digges Esq late in the Parish of Sutton in the County of Kent aforesaid and to the Heir Males or Male of his Body lawfully begotten for ever And for lack of such Heir Male to remain to James Digges another of the Sons of the said Leonard and to the Heirs Males or Male of his Body lawfully to be begotten for ever and for lack of such Heir Male to remain to the Right Heirs of me the aforesaid Christopher Digges another of the Sons of the aforesaid Leonard and to the Heirs Males of his body lawfully begotten for ever and for lack of such Heir Male to remain to the right Heirs of me the said Christopher Digges for ever As by the Testament and last Will aforesaid amongst other things more fully appeareth And that afterwards and before c. that is to say the second day of February in the year of the Reign of the said Lady the Queen that now is the 19th the aforesaid Christopher the Father at Barham in the County aforesaid dyed of the Manors Tenements and Hereditaments aforesaid in the Monstrans de droit within written specified with the appurtenances mentioned so as aforesaid as the â—aw requireth seised And further the Jurors aforesaid say upon their Oâ—th aforesaid That the aforesaid Martha Digges wife of the aforesaid Christopher Digges the Father him the said Christopher Digges her Husband over lived and that the aforesaid Martha afterwards that is to say the 4th day of May in the 19. year afores aâ— Barham aforesaid dyed And further the Jurors aforesaid say upon their Oath aforesaid That the aforesaid â—hâ—mas Digges Father of the aforesaid Posthumus Digges in the Inquisition and Monstrans de droit named and the aforesaid Tho. Diggs in the Indenture afâ—rel here first specified named were one and the same person not other nor divers and that the Manors Lands and Tenements in the Inquisition aforesaid specified and the Manors Lands and Tenements in the Indenture aforesaid here first mentioned and comprised are the self same Manors Lands and Tenements not others nor divers And that the aforesaid Lands Tenements wherof the uses by the aforesaid Indenture bearing date the 6th day of May in the 12th year aforesaid are revoked are not the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any parcel thereof And thâ—t the uses of the Manors Lands and Tenements in the aforesaid Monstrans de droit specified nor any part thereof by the aforesaid second Indenture here within specified was not Revoked annulled or mentioned to be by the same revoked or annulled and that the aforesaid Manors Lands and Tenements whereof the uses by the aforesaid Indenture bearing date the 20th day of September in the 13th year aforesaid mentioned to be by the same Indenture Revoked and annulled are the same Manors Lands and Tenements in the Monstrans de droit within written specified and not other nor divers But whether upon the whole matter aforesaid in form aforesaid found The said Christopher Digges the Father dyed seised of the Manors Lands and Tenements in the Monstrans de droit within written specified in his demesn as of Fee as in the aforesaid Monstrans de droit it is supposed or not the Jurors