dayes of St. Michael wheresoever c. 24. c. of the visonage of H. by whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid c. And as to this that the aforesaid W. allegeth that there is had such a Record in which is contained that he together with other c. were sworn c. And calls that to be upon Record in the Rols of the aforesaid late Iustices of the Peace under the custody of the Iustices of the Peace of our Lord the King that now is in the County aforesaid residing It is said by the Court here that the same W. have that Record at his Perill before our Lord the King at the aforesaid dayes of St. Michael if it shall seem expedient unto him and upon this the same W. prayes a Writ of certiorare c. And it is granted unto him By which command is to the same Justices of our Lord the King that now is that having searched the Rols and other their Remembrances in their custodie being of Record and what thereupon of the premises they shall find in them to our Lord the King at the aforesaid eight dayes of St. Michael they send the same day is given to the parties aforesaid c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the aforesaid Thomas Dorham lately Iustice of the Peace of the aforesaid late King and Iustice of the peace of our said Lord the King that now is to whom the Writ of our Lord the King that now is was directed to certifie c. To him the said Lord the King hath certified as followeth In the Inquisition c. And as to that that it was commanded the Sheriff that he should cause to come between the said R. and I. 24. c. to make the Iury aforesaid And the Sheriff returns the names of the 24. whereof none c. Therefore command is given to the Sheriff that he destrein them c. that they be before our Lord the King in eight dayes of St. Hilary wheresoever c. to make the Iury aforesaid the same day c. that is to say aswell to the aforesaid I. thereupon as to the said W. in the state they are now in of hearing the aforesaid certifying because the Court is not advised c. A Declaration in the nature of Conspiracy for cousening one to be falsly Indicted for a common Barenton Trin. 1. Jacobi Regis Rot. 869. LOndon ss William Berkwith complains of R. P. L. G. and E. M. in the custody of the Marshall c. for that whereas the same W. was a good true and lawfull c. And of a good name same and reputation c. and without any crime of Baretory seditiousness or causer of any Murder Manslaughter or disturber of the peace of our Lord the King untouched unaccusused and unspotted hath hitherto remained By reason whereof c. yet the aforesaid Defendants not ignorant of the premises plotting c. such a day and year at London in the Parish of St. Laurence in the old Iury London in the Ward of Cheap London before R. Salstonstall then Maior of the City aforesaid W. VVeb and I. Spencer Knights Iustices of our Lady the Queen for the keeping of the peace in the Citie aforesaid and the Suburbs of the same as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours within the same City and the Suburbs thereof made and committed falsly and maliciously they caused and procured to be Indicted for that he the aforesaid Plaintiff such a day and year aforesaid having not God before his eyes but moved and seduced by a diabolicall instigation at London that is to say in the Parish of St. Sepulchers without Newgate in the Ward of Farington without in the Suburbs of the City of London aforesaid and divers other dayes and seasons aswell before as after that time within D. aforesaid was and yet is a very evill person of dishonest name fame and conversation a common Baretor and a great disturber of the Peace of our Lady the Queen so that he is very like to make and cause murder manslaughter strifes discords and other great grievances between the true and faithfull subjects of our Lady the Queen that now is to the great damage and hurt of the good and faithfull subjects of our said Lady the Queen and to the most pernicious example and evill encouragement of all other Malefactors in the like kind and against the peace of our said Lady the Queen her Crown and dignities as also against the form of the Statute in the like case published and provided Upon which afterwards command was to the Sheriffs of London by the Writ of our Lady the Queen that they should cause the aforesaid W. to come before the Justices of our Lady the Queen at the Gaol delivery of Newgate held for the City of London at the Justice Hall in the Old Baly in the Parish of St. Sepulchers in the Suburbs of the City aforesaid on Wednesday the 15. day of February in the 40. l. year aforesaid before R. Salstonstall Maior of the City aforesaid John Popham Knight chief Justice of the Pleas c. E. Anderson Knight chief Justice of the Common Bench Francis Darcy Knight R. Martyn Knight I. Hart Knight W. Web Knight John Croke Recorder of the City aforesaid S. Somes and N. Moseley Aldermen of the City aforesaid M. Dale and I. Dalton Esquires Justices of the Lady the Queen assigned for her Gaol delivery of Newgate aforesaid of the Prisoners therein being the aforesaid Plaintiff under the Custodie of H. Rowe and I. Moore Aldermen and Sheriffs of the City aforesaid at the Bar then and there brought in proper person before the aforesaid Iustices and then and there had to hear the Indictement aforesaid said that he of the Trespass and contempt in the Indictement aforesaid above specified was in nothing thereof guilty as in the Indictement aforesaid was supposed and of that he then put himself upon the Country and the aforesaid Queen in like manner c. Therefore it was commanded the aforesaid Sheriff of the City aforesaid that they cause to come before the Iustices aforesaid thereupon a Iury there immediatly and who neither c. To Recognize c. Because aswell c. And the Iurors of that Iurie by the aforesaid Sheriffs of the City aforesaid to that impanelled and called in like manner then and there came to wit I. L. T. R. c. and so recite the Iury who to speak to the truth of the premises in the Indictment aforesaid specified being chosen tryed and sworn said upon their oaths that the aforesaid Plaintiff was not guilty of the Trespass and contempt aforesaid in the Indictement aforesaid specified as by the same testimony was supposed Therefore it was then considered by
the Justices aforesaid that the aforesaid Plaintiff should goe quit without day c. By reason of which said premises the aforesaid Plaintiff hath been enforced and compelled to expend and lay out great sums of mony and been at very great trouble and loss about the cleering of himself and the restitution of his good name fame and reputation and the evacuating and making voyd of the aforesaid Indictment To the damage of him the said Plaintiff of 100. l. And thereupon he brings his Sute c. Not guilty pleaded to this T. Farrer Attorney for the Plaintiff I. Wem Attorney for the Defendant ACTIONS OF CONTINUANCE CONTINUANCES AFterwards the Processe being thereupon continued between the parties aforesaid Continuance of a Decem tales upon the Roll. of the aforesaid Plea put here between them in respite before the Lord the King at VVestminster untill Tuesday next after fifteen dayes from the day of Easter from thence next following for default of Jurors c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Jurors of that Jury being called some of them came and some of them came not And because the residue of the Jurors of the aforesaid Jury appeared not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Friday next after the morrow of the holy Trinitie for want of Jurors c. Therefore the Sheriff is to have their bodies c. And he is to put ten others c. The same day is given to the parties aforesaid there c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Sheriff retorns the names of the ten others of which now c. And as to the further Execution if the Writ aforesaid the Sheriff retorns that the Writ aforesaid was so lately delivered unto him that for the shortnesse of time he could not make any further Execution Therefore the Jury is further put in respite before our Lord the King at Westminster untill Friday next after fifteen dayes of St. Michael for want of Jurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the Jurors of that Jury some of them came and some of them came not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Thursday next after from the day of St. Michael in three weeks for want of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid c. At which day before Continuance upon a Summons ad Auxiliand c. came the parties aforesaid by their Attorneys aforesaid And the Sheriff sent not thereupon the Writ Therefore it is commanded him as otherwise that he Summon by good Summoners the aforesaid W. that he be before c. such a day wheresoever c. to joyn himself in aid to the foresaid L. to expect and maintain that issue with the aforesaid L. if c. And further c. And as to the trying of those issues above joyned The Jury is thereupon to come before our Lord the King at the same Term wheresoever c. And who neither c. to Recognize c. Continuance of a Demurrer in Law and an Issue AT which day here came the parties aforesaid c. And because the Justices will advise themselves of and in the aforesaid Plea whereupon the parties aforesaid have above demurred in Law before they thereupon render Judgement Therefore day is given to the parties aforesaid here until eight daies of St. Hillary of hearing thereupon this judgement Because the Justices here have not as yet c. And as to the trying of the issue aforesaid between the same parties by the Countrey to be tried above joyned The Sheriff hath not sent the Writ Therefore as formerly Command is to the Sheriff that he cause to come at the same Term twelve c. To Recognize in form aforesaid c. Continuance of Scire facias in a Writ of Error AT which day before our Lord he King at Westminster came the aforesaid Plaintif in a Writ of Errour in his proper person And the Sheriff sent not the Writ thereupon c. Therefore as otherwise it is Commanded the Sheriff that by honest men c. he make known to the aforesaid Defendant that he be before our Lord the King such a day wheresoever c. To hear the Record and Processe aforesaid And further c. The same day is given to the aforesaid Plaintif by the aforesaid Manuceptors c. Continuance of a Judgement after Verdict AT which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here of their judgement to be rendred of and upon the Premisses are not as yet advised Therefore day is given to him the said Plaintif in the same state c. is now in before our Lord the King untill such a day wheresoever c. of hearing thereupon their judgement c. AT which day before our Lord the King at Westminster Continuance of an Exigent came the aforesaid Plaintif by his Attorney aforesaid And the aforesaid Defendant came not nor the Sheriff thereupon sent the Writ Therefore Command is to the Sheriff that if now he cause him to be called from County to County untill he shall be Outlawed if not c. And if c. then he shall take him and safely keep him so that he may have his body before our Lord the King such a day wheresoever c. AT which day before our Lord the King at Westminster Continuance of a Distringas in Attaint came aswell the parties aforesaid by their Attorneys aforesaid as the aforesaid three Jurors of the first inquisition formerly appearing in their proper persons And the Sheriff hath not sent the Writ Therefore the Jury of the tweny four Knights aforesaid remains to be taken before our Lord the King on the Morrow c. wheresoever c. for default of Jurors of the same Jury of 24. Knights c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of 24. Knights by all their lands c. And that of the issues c. So that he may have their bodyes before our Lord the King at the same Term The same day is given aswell to the parties aforesaid as to the aforesaid three Jurors of the first inquisition aforesaid now appearing c. THe Jury between C. S. by his Attorney Plaintif Continuanceâ— of a Jurata for want of Juror and a Decem Tales awarded and E. R. of
in the same action named for any Trespass committed before any Generall Pardon to Enter aswell in the end of such Judgement And nothing of Fine of the aforesaid Defendant because he is pardoned As in the End of such Judgement And the aforesaid Defendant is to be taken and to note in the Margent of the same Rolls directly opposite to the word Capiatur in the 〈◊〉 Judgement this word Pardoned by that means giving direction 〈◊〉 the Clerk of the Estreats of the same Court where he may find them amongst the Rolls of the same Court against whom he the said Clerk doth send out and direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and come under their Fines in the same Court for their Trespasses and other causes fineable according to the Custom and Law of the Land of this Kingdom of England And against whom he should omit and forbear to send forth the like Writs And that the same Entrie of Pardon in the Margent of the Record aforesaid is and for the whole time aforesaid was as sufficient a discharge of the aforesaid partie against whom the Judgement in the same Record is rendred that he should be taken as if within the same Record it had been Entred nothing of the Fine of that partie because he is pardoned And the aforesaid I. S. in fact saith that in the Record aforesaid sent before our Lady the Queen the aforesaid word Pardon'd in the Margent of the same Record is entred and noted according to the Custom aforesaid as by that Record above appeareth And as for the other matter by the aforesaid N. for his last Error in form aforesaid assigned the same I. S. sayes that in the aforesaid Court of the Bench aforesaid there is had and time out of mind there hath been had such a Custome used and approved The Plaintif sets form the Custom to Enter the admâ—ssion upon the Roll wherein the Declaration is Entred that is to say that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next kindred in any Plea to be entred and inrolled were used to be Entred and inrolled in the Roll wherein the Declaration in that Plea was Entred and inrolled And the same I. further faith that the Declaration aforesaid of him the said I. in the Plea aforesaid against him the said N. was Entred amongst the Rolls of Robert Bernors Gent. Phillizer of the County of Suffolk to wit in the Roll 386. as in the Record aforesaid sent here to the Court of our Lady the Queen more fully appears And the same I. S. further saith that although the aforesaid Chief Justice of the Common Bench hath certified to the Lady the Queen that having searched the Rolls of the Entries of every the Prothonotaries of the aforesaid County of S. of the Term and year aforesaid in his Custodie remaining of Record he had not found in the same any Entrie of the admission of the aforesaid I. S. to prosecute by the aforesaid I. M. and W. E. next of kindred to him the said I. S. being within age against the aforesaid N. S. of the aforesaid Plea yet there is had such a Record of the admission of the aforesaid I. S. so being within age to prosecute in the aforesaid Court of Bench by the aforesaid I. M. and W. E. his next kindred against the aforesaid N.S. of the aforesaid Plea Entred in the same Bench in the aforesaid Roll 386. on which the Declaration aforesaid as is aforesaid remains Entred â—â—â—ording to the Law and Custom of the said Court of Bench aâ—â—â—â—said Which said Record as yet remains before the aforesaid Justices of the Common Bench under the Custodie of the aforesaid Chief Justice omitted as yet to be certified to our Lady the Queen Certiâ—rare awarded to Certifie the full truth And the same I. S. prayes a Writ of Certiorare of our Lady the Queen to the aforesaid Chief Justice of the Common Bench to be directed to whom the certifying aswell of the omission aforesaid as of the Customs aforesaid rests to be made to Certifie our Lady the Queen more fully of the truth thereof and it is granted unto him c. By which it is Commanded to the aforesaid Chief Justice of the Common Bench that searching the Rolls of the Entries of the aforesaid Phillâ—zor of the aforesaid County of Suffolk of the aforesaid Term of Easter in the sixteenth year aforesaid And what in the same Rolls of the omission aforesaid he shall find as also the whole and full certaintie and truth of the aforesaid severall Customs of the said Court of our Lady the Queen of the Bench from the day of the holy Trinity in fifteen dayes wheresoever c. he do certifie together with the Writ of our Lady the Queen to him thereupon directed The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed certified to her the said Lady the Queen at Westminster at the same day That in the Court of the Lady the Queen of Common Bench There is had such a custom used and approved that the Clarks of the same Court who for the time being are assigned and allowed to enter and Record in the Rols and Records of the same Court any judgements in the same Court from time to time rendred and to be rendred were used and accustomed in the entry in the Rolls and Records of the same Court the judgements rendred in the same Court in and upon any action of Trespass against the Defendant in the same action named for any Trespass committed before any generall pardon to enter aswell in the end of such judgement And nothing of Fine of the aforesaid Defendant because he is pardoned as in the end of such judgement And the aforesaid Defendant is to be taken And to note in the Margent of the same Roll direct opposite to those words in the judgement this word pardon for that reason to give direction to the Clark of the Extreats of the same Court where he shall find amongst the same Rolls of the same Court against whom he the said Clark doth send or direct Writs of our Lord the King of Capias pro fine to compell them to render themselves and to undergoe their fines in the same Court for their Trespasses and other causes fineable according to the custom and Laws of this Kingdom of England And against whom he is to omit and forbear to send forth and direct such Writs And that such entry of pardon in the Margent of the Record aforesaid is and by the whole time aforesaid was as sufficient a discharge of the party aforesaid against whom
the judgement in the same Record was rendred that he should be taken as if it were entred in the same Record within And nothing of Fine of that party because he is pardoned as the aforesaid I.S. by his Plea aforesaid above hath alleged And further the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the aforesaid Writ of our Lady the Queen further certifies that having serched the Rolls of Robert Berners Phillizer of the County of S. of the Term of Easter in the 41. year of the Reign of our Lady the Queen that now is he finds as within in these words appears That is say Pleas at Westminster before Edmund Anderson Knight and his fellows Justices of our Lady the Queen of her Bench here of the Term of Easter in the Reign of our Lady Elizabeth by the grace of God c. the 41. Roll 386. The Entry of the Warrant of admission with the Phillizer ss IOhn Mallows and W. E. are admitted by the Court of our Lady the Queen here to prosecute for I. S. who is within age as the next of Kindred of him the said I. S. against N. S. lately of c. Gentleman of a Plea of Trespass and assault Which said Writ so as aforesaid returned amongst the Records of this Court is filed Upon which the aforesaid I. S. sayes that in the Record and Process aforesaid nor in the rendring of the judgement aforesaid there is nothing erroniouâ— and prayes that the Court of our Lady the Queen here may proceed unto examination aswell of the Record and Process aforesaid as of the matters aforesaid above for errors assigned and that the judgement aforesaid may be affirmed And because the Court of our the Lady the Queen here of their judgement of and in the premises to be rendred are not as yet advised day thereupon is given to the parties aforesaid before our Lady the Queen untill eight dayes of St. Michael wheresoever c. of hearing thereupon their judgement for that the Court of our Lady the Queen here thereupon are not as yet At which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid and upon this all and singular the premises being by the Court of our Lady the Queen here seen and fully understood and mature deliberation thereupon had for that that it seems to the Court of the Lady the Queen here that aswell the aforesaid Writ of Certiorare to the aforesaid chief Justice of the Common Bench in form aforesaid issued and directed as the aforesaid answer of the same chief Justice of the Bench unto that Writ as now it remains filed upon Record before our Lady the Queen does not sufficiently and fully agree and answer the aforesaid allegation of the aforesaid I. S. as to the aforesaid custom oâ— the said Court of Bench for the entring of an admission of an Inâ—ant to prosecute by his next of Kindred in any his Pleas in the Rolls of the same Court where the Declaration of such infant is entred and enrolled by the aforesaid I. S. above a leged so that the same Court of our Lady the Queen before her the said Queen here for the incertaintie of the truth of such custom of the said Court of Bench in that behalf in form aforesaid alleged to their judgement of and upon the premises aswel on the part of the aforesaid N. S. in deniall as on the part of the aforesaid I. S. in affirmation to the judgement aforesaid above alleged cannot proceed Without more full information of the consciences of the Justices And that the Court of our Lady the Queen here before her the said Queen of the truth of the custom of the said Court of Bench in that behalf above alleged An Alias Cerâ—orare warded Therefore it is commanded the aforesaid chief Justice of the Bench aforesaid that he the full and whole certaintie and truth of the aforesaid custom of the said Court or Bench of the entrie of the admission of Infants to prosecute by their next of Kindred in personall Pleas in the same Court by the aforesaid I. S. above alleged to our Lady the Queen aforesaid from the day of St. Hilary in fifteen dayes wheresoever c. doe certifie together with the Writ thereupon to him directed c. The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid Chief Justice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed to her the said Lady the Queen at Westminster aforesaid at the same day certified The Return of the Cerâ—â—rare that in the said Court of our Lady the Queen of the Bench is had and from the time out of mind there hath been had such a custom used and approved in the same Court of Bench that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next of Kindred in any Plea entred and inrolled and to be entred and inrolled have been used and accustomed in the Roll where the Declaration in that Plea is entred and inrolled Which said Writ so as aforesaid returned together with the return thereupon amongst the Records of this Court is filed And upon this the aforesaid I. S. further prayes that the Court of our said Lady the Queen here may proceed to the Examination aswell or the Record and Process aforesaid as of the aforesaid matters above for errors assigned and that the judgement aforesaid may be affirmed and because the Court of our said Lady the Queen here are not as yet advised of and upon the rendring their judgement of and upon the premises day is thereupon further given to the parties aforesaid before our Lady the Queen Mich. Term 41. 42. Judgement was affirmed in this cause Roll. 417. untill from the day of Easter in fiftteen dayes wheresoever c. of hearing thereupon their judgement For that the Court of our said Lady the Queen here thereupon as yet have not c. ss AFterwards to wit on Saturday the 9. The affirmation of a judgment upon a Wâ—t of Error out of the Kings Bâ—â—ch into the Exchequer Chamber day of February in the 2. year of the Reign of our Lord the King that now is The transcript of the Record and Process aforesaid between the parties aforesaid with all things touching them by reason of a certain Writ of our Lord the King of correcting error by them the said Thomas Scot Elizabeth and Thomas Forn of and upon the premises prosecuted before the Iustices of our said Lord the King of his Common Bench and the Barons of the Exchequer of our said Lord the King in the Exchequer Chamber aforesaid according to the form of the Statute in the Parliament of the
done they fled And the same Thomas Berd them speedily followed from Town to Town unto the four next adjoyning Villages And with or untill c. And if the same Felons who now appear the Felonie aforesaid of the Robbery aforesaid upon them above put will denie the same Thomas Berd is here ready to prove this against them as the Court c. And the aforesaid Joan and some of the Defendants in their proper persons came and defended the force and injury when and all Felony and whatsoever c. Not guilty for some of the Defendants And say that they are not guilty And of this they put themselves c. And the aforesaid Thomas Berd in like manner c. Therefore the Jury thereupon is to come before our Lord the King in eight dayes of the Purification of the blessed Virgin Mary And who neither c. to Recognize c. Because aswell c. The same day is given to the parties now appearing And upon this the same Joan Bayl for some of the Defendants and Thomas Ireland and others are delivered over in Bayl unto Iohn Methole of c. and three other Manucaptors c. before our Lord the King at the aforesaid Town c. At which day before Default after Issue by one c. the aforesaid Thomas Berd solemnly called to appear came not And the aforesaid Iohn Govor and others in their proper persons came And the aforesaid Ioan Govor and Thomas Ireland although solemnly called the fourth day of the Plea came not upon which the aforesaid Iohn Methole one of the Pledges of the aforesaid Thomas Ireland in his proper person came And said that the same Thomas Ireland is dead One of the Defendants dead and dyed at Huish neer Highbrigs in the said County of Somerset long before the said eight dayes of the Purification c. to wit such a day and this he is ready to avow whereupon he presumeth our Lord the King him upon the aforesaid occasion would acquit c. And upon this for that that it is sufficiently here in Court by credible men of the aforesaid Country testified that the aforesaid Thomas Ireland is dead and dyed in the form which is by the aforesaid Iohn Methole above alleged Cease of Process as to one and his Bayl by death Exigent against one who makes default after Issue which Thomas Croswell who prosecutes for our Lord the King on that behalf denyeth not It is considered that the process against the aforesaid Thomas Ireland and his pledges aforesaid on that behalf should cease c. And that the Manucaptors of the aforesaid Ioan Govor be taken c. And command is given to the Sheriff that he cause to be required the aforesaid Ioan from County to County untill c. she be wayved if not c. And if c. then he take her and her safely c. So that he have her body before our Lord the King from the day of Easter in one month wheresoever c. And upon this for that the aforesaid Thomas Berd the appeal aforesaid against the aforesaid Iohn Govor and others in form aforesaid prosecuteth not Judgement against the Plaintiff by default It is considered that the same Thomas Berd be taken c. And his pledges aforesaid of prosecuting be in mony c. And that the aforesaid Iohn Glovor of c. and others who above appeared as to the Sute of the aforesaid Thomas Berd go without day c. But as to the satisfying of our Lord the King being instantly spoken to in what manner of the premises upon them above put they would acquit themselves they say severally they are not guilty c. Not guilty as to the King And thereof of good or ill severally put themselves upon the Country Therefore the Jury thereupon is to come before our Lord the King in eight dayes of St. Hillary wheresoever c. And who neither c. to Recognize c. because aswell c. The same day is given to the parties aforesaid c. Bayl for those that are acquit by default And upon this the aforesaid Iohn Govor and others are delivered unto Bayl unto William Trigo and three other Manucaptors untill the aforesaid Term c. And so from day to day untill c. At which day before our Lord the King at Westminster came the aforesaid Iohn Govor Venirefacias and others in their proper persons and the Sheriff returns the names of 24. Jurors whereof none c. Distringas Jur ' Therefore command is given to the Sheriff that he should not omit c. but destroy c. by all the Lands And that of the issues c. And that he have the bodies of them before our Lord the King from the day of Easter in fifteen dayes wheresoever Ni. pri c. or before the beloved and faithfull of our Lord the King R. N. Knight chief Justice of our Lord the King of his Bench if before on Thursday next after c. at c. by form of the Statute c. come to make the Jury aforesaid c. The same day is given to the aforesaid Iohn Govor and others c. Continuance of the Jurat ' And the Process thereupon continued by the Jury thereupon put It is put in respite before our Lord the King untill from the day c. Unless the Iustices of our Lord the King at the Assizes c. first such a day c. at c. by the form of the Statute c. comes for default of Jurors c. At which said fifteen dayes from the day of Easter before our Lord the King at Westminster came the aforesaid Iohn Govor and others c. in their proper persons And the aforesaid Iustices at the Assizes c. before whom c. sent the Record c. in those words afterwards the day and place within conteined before c. came the aforesaid Iohn Govor c. in their proper persons and the Iurors c. being called in like manner came And upon this Proclamation being made as the manner as if any for the Lord the King could enform the Jurors of the Jury whereof within is made mention of the within-contained he should come and he should be heard But none appeared to do this Whereupon it was proceeded into the taking of the Jury aforesaid by the oath of the twelve who to speak to the truth of the within-contained being chosen Verdict for the Defendants tryed and sworn say upon their oaths that the aforesaid Iohn Govor and others c. are in nothing guilty of the Robbery of the within written Thomas Berd as the aforesaid Iohn Govor c. within by pleading have alleged nor upon that occasion ever withdrew themselves nor any of them ever withdrew himself and they Assess the Damages of each the aforesaid Iohn Govor c. having respect aswell to the Imprisonment
was taken and arrested in Execution for the Debt and Damages aforesaid as in the Record aforesaid above is specified And that the aforesaid R.T. and VV. D Bayliffs of the Libertie and Franchise aforesaid in the County of Suffâ—lk aforesaid did bring the aforesaid T. B. to VVestminster in the County of Middlesex on Monday before the retorn of the Writ of Capias ad satisfaciendum in the Record aforesaid above mentioned The day of the Retorn of the aforesaid Capias ad satisfaciend ' being on Monday next after the morrow of All Souls in the thirty first year of the Reign of our Lady Elizabeth now Queen of England And that before the retorn thereof the aforesaid Bayliffs of the Libertie and Franchise aforesaid the aforesaid T. B. at the request of him the said T. B. to the Village of Lambeth in the County of Surrey did carry which said Village of Lombeth is a Village neer adjoyning to Westminster aforesaid but out of the way and not in the way from the County of Suffolk aforesaid unto VVestminster aforesaid nor is between the County of Suffolk aforesaid and VVestminster aforesaid And that the aforesaid Bayliffs of the Liberties and Franchises aforesaid afterwards at the aforesaid day of the aforesaid Retorn of the aforesaid Writ of Capias ad satisfaciendum did bring the aforesaid T. B. to VVestminster aforesaid And him the said T. B. in the Court of our Lady the Queen before her the said Queen at VVestminster aforesaid into the Prison of the said Court of our Lady the Queen called the Kings Bench by vertue or colour of the aforesaid Writ of Capias ad satisfaciendum they did deliver And further the Jury say that the aforesaid T. B. from the time of the arrest of him the said T. B. aforesaid unto the retorn of the aforesaid Writ of Capias ad satisfaciendum and the delivery of the aforesaid T. B. into the Court of her the said Lady the Queen before her the said Queen as is aforesaid remained and continued with the aforesaid Bayliffs by vertue or colour of the aforesaid Writ or Warrant But whether upon the whole matter aforesaid Speciall Verdicts in form aforesaid found the bringing of the aforesaid T. B. to Lambeth aforesaid c. in manner and form aforesaid be an Escape out of Prison and a permission to goe at large in Law nor no the Jury aforesaid are altogether ignorant Whereupon they pray the advisement and discretion of the Court of our Lady the Queen now here before her the said Lady the Queen being And if it shall seem to the said Court of our said Lady the Queen that the aforesaid bringing of the aforesaid T. B. to Lambeth aforesaid in manner and form aforesaid be an Escape out of Prison and a permission to goe at large in the Law then the Jurors say upon their Oath aforesaid that the aforesaid R. T. and T. D. the aforesaid T. B. at Lambeth in the County of Surrey aforesaid out of the Prison aforesaid to Escape and to goat large they did permit in manner and form as the aforesaid T.B. he hath above alleged and if upon the whole matter aforesaid it shall seem to the Court of the Lady the Queen that the afore bringing of him to the said T.B. to Lambeth aforesaid in manner and form aforesaid be not an Escape out of Prison and a permission to go at large in the Law Then the Jurors aforesaid say upon their Oath aforesaid that the aforesaid R.T. and W.D. did not permit the same T.B. out of Prison aforesaid to Escape and to goe at large in manner and form as the aforesaid T. B. hath above alleged ACTIONS OF CONSPIRACIE CONSPIRACIE Norfolk Declaration in Conspiracie for procuring one to be Endicted for Witchcraft ss NIcholas Stockdale complains of William Skippon of Hiâ—cham c. John Green of c. William Waters of c. and John Hitch of c. in the custodie of the Marshall c. for that that is to say that whereas they the aforesaid William Skippon Iohn Green William Waters and Iohn Hitch the 12. day of July in the 44. year of the Reign of our Lady Elizabeth late Queen of England at Fakensam in the County aforesaid by Conspiracy fore thought between them the aforesaid Nicholas for that he the first day of December in the year of the Reign of the Lady Elizabeth late Queen of England the 44. and diver other dayes after the said first day of December should practise and exercise Witchcraft and Sorcery wickedly and Feloniously at Hitcham aforesaid in upon and against one Mary Skippon then the Wife of the aforesaid William Skippon by which said practices and exercises of the said Witchcraft the aforesaid Mary from the aforesaid first day of December in the 44. year aforesaid untill the 20. day of the month of February in the 44. year aforesaid most dangerously and mortally was sick and languished and the same 20. day of February in the 44. year aforesaid the same Mary by the said practise and exercise of the aforesaid Witchcraft at Hitcham aforesaid in the County aforesaid dyed and that the aforesaid Nicholas Stockdale to the same Mary at Hitcham aforesaid in manner and form aforesaid of his malice fore thought willingly devillishly wickedly and feloniously by the practise and exercise of the Witchcraft aforesaid did kill and murder against the peace of our said Lady the Queen and against the form of the Statute of our said late Lady the Queen held at Westminster in the County of Middlesex in the 5. year of her Reign in that case published and provided Before our then very beloved and faithfull Counsellour of our said Lady the Queen Iohn Popham Knight chief Justice of the said late Queen of the Pleas in the Court of her the said late Queen before her the said Queen assigned to be held and Robert Clark one of the Barons of the Exchequer of the same late Queen Justices of the Assizes of the said late Queen in the aforesaid County of Norfolk then assigned to be taken held at the Castle of Norwich the twelfth day of July in the 44. year aforesaid as also the Justices of the same late Queen for the keeping of the Peace in the County aforesaid and assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the same County then committed at the Castle of Norwich in the County aforesaid to be endited and him the said Nicholas upon that occasion then and there to be taken and in the Gaol of the said Castle of our late said Lady the Queen be ore the aforesaid John Popham Knight and Robeâ—t Clark Justices of our said late Queen at the Gaol aforesaid to be delivered to be held falsly and maliciously they conspired and procured against the form of the Statute in that case lately published and provided after which said Conspiracie Inditing taking and imprisoning and detension of him the said Nicholas
thereupon by Verdict should be duly acquitted should have his Writ and Action upon the Case against every procurer of such Indictment or appeal And that there be such Process in and upon the same Writ as of Trespass by force arms made And if such Procurer shall be convict in that behalf the Plaintif shall recover his Damages to the treble Provided alwayes that the said Ordinance extends not it self to an Indictment or Appeal taken or to be taken in the County of Chester as in the aforesaid Statute more fully is conteined The Indictment for breaking a House and Chest and taking away of goods Yet the aforesaid N. R. I. and R. at Winchester falsly and maliciously have procured the aforesaid T. for that he and T. L. lately of I. in the County aforesaid Labourer and others such a day and year by force and arms that is to say with Swords Staves Bowes and Arrows the House and Chest of R. A. at I. aforesaid they did break and enter and three Girdles Embroidered with Silk and Gold to the value of 40. shillings of the goods and chattels of the aforesaid R. A. then and there found feloniously they took and carried away against the peace of our said Lord the King before W. F. and I. H. and their Companions Justices of our said Lord the King of the peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanors in the aforesaid Countie of Southampton to be indicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of Middlesex dwelled and as yet dwells by which procurement the same T. so indicted by divers labours and Expences untill before the beloved and faithfull of our Lord the King T. Wood and I. Reed Justices of our Lord the King at the Assizes in the aforesaid County of Southampton assigned to be taken by the form of the Statute thereupon lately published and provided by Vertue of the Writ of our Lord the King of Nisi prius at Winton taken thereupon according to the Law and Custom of the Realm of our Lord the King of England was duly acquitted was grievously troubled and vexed in the Contempt of our said Lord the King that now is and his the said T. great damage and against the form of Statute aforesaid c. And whereupon the same T. who aswell c. by W. F. her Attorney complains that the aforesaid N. R. I. and I. the twelfth day of September such a year at Winton falsly and maliciously procured the aforesaid T. for that she and T. L. lately of H. in the County aforesaid Labourer and others the twenty sixth day of August in the second year of the Reign of our Lord the King that now is with force and arms that is to say with Swords c. the House and Chest of R. A. at I. aforesaid they did break and Enter and three Girdles embroydered with Silk and Gold to the value of forty shillings of the goods and chattells of the aforesaid R. A. then and there found feloniously they took and carried away against the Peace of our said Lord the King before W. F. and I. H. and their Companions then Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the aforesaid County of Southampton such a day and year at W. in the County of S. aforesaid to be Endicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of M. dwelt and as yet dwells By which procurement the same T. so indicted by divers labours and Expences untill before the faithfull and beloved c. T.W. and R. R. Justices of c. in the aforesaid County of S. assigned to be taken by the form of the Statute c. by vertue of the Writ of our Lord the King of Nisi prius on Monday next after the Teast c. such a year at Winton taken according to the Law c. then there was duly acquitted c. was grievously troubled and vexed in the Contempt of our Lord the King that now is and his the said T. great damages And against the form of the c. Whereupon he saies that he is worsted and hath damage to the value of 100. pounds And thereupon aswell c. he brings his Sute c. Southampton ss N. L. lately of c. Knight I. H. lately of The same by the man and the wife for Felonie supposed to be done by the wife where she was indicted before the Justices of the Peace and acquitted by the Justices of Assize by a Writ of Nisi prius c. Taylor and I. W. lately of c. Yeoman were attached to answer T. M. and T. his Wife lately called T. M. at Westminster in the County of Middlesex Spinster together with I. Waterman lately of T. in the County aforesaid Teoman of a Plea wherefore by Conspiracie at Winchester between them forehad the foresaid T. for that she and T. L. lately of T. in the County aforesaid Labourer and others such a day and year with force and arms that is to say with Swords Staves and Knives the House and Chest of H. at T. they broke and Entred and three Girdles Embroydered with Silk and Gold to the value of forty Shillings and two Table clothes to the value of twenty shillings of the goods and chattells of the said H. then and there found feloniously they took and carried away against the Peace of our Lord the King to be indicted and her the said T. upon that occasion to be taken and in the Prison of the Gaol of our Lord the King of Winchester untill the same T. in the Court of our Lord the King before the beloved and faithfull of him the said Lord the King T. W. and R. R. Justices of the Assizes of him the said Lord the King in the County aforesaid assigned to be taken by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius at Winchester according to the Law and Custom of the Realm of our Lord the King of England she was thereof acquitted to be detained falsly and maliciously they procured to the great damage of them the said T. M. and T. And against the form of the Ordinance in that case provided c. And whereupon the same T. M. and T. by VV. F. their Attorney complain that the aforesaid N.I.H. and I.VV. of I. c. together with c. by Conspiracie between them forehad such a day year and place the aforesaid T. for that she and T. L. lately of c. and others such a day and year by force and arms c. as before against the peace c. before VV.F. and I. H. and their Companions Iustices of our said Lord the King of the
a Plea of Debt put in respite before our Lord the King at Westminster untill such day c. unless c. first c. at such a place c. by the form of the Statute c. Come for default of Jurors At which day before our Lord the King at Westminster came the parties aforesaid by their Attorney aforesaid And the aforesaid Justices before whom c. have sent here the Record of the Jury aforesaid before them had in these words Afterwards at the day and place aforesaid reciting the Record untill came as well the within named c. as the within written c. And the Jury likewise called some of them came and some of them came not as appears in the Panell c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King c. untill c. Therefore the Sheriff c. is to put ten such c. The same day is given to the parties aforesaid here c AT which day before our Lord the King at Westminster Continuance upon a matter in Law and Verdict came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here aswell of their judgement upon the Verdict aforesaid as of their judgement of the matter in Law above pleaded to be rendred are not as yet advised Day is thereupon further given to the said parties in the state wherein they are now before the Lord the King at Westminster untill eight dayes of St. Hillary wheresoever c. of hearing thereupon their judgement c. for that the Court of our Lord the King here is not as yet c. Continuance in Attaine where the Sheriff Retoâ—â—s not the Writ and out of the assent of the parties the Jury is not taken AT which day before our Lord the King at Westminster came as well the parties aforesaid by their Attorneys aforesaid as the aforesaid seven Jurors of the first Inquisition aforesaid formerly appearing in proper person And the Sheriff Retorns the Writ to our Lord the King thereupon in all things prepared and executed But the Jurors of those twenty four Knights aswell of the assent of the parties aforesaid and the aforesaid seven Jurors of the former Inquisition aforesaid as of the Jurors aforesaid of the twenty four Knights remains to be taken before our Lord the King untill the Morrow c. wheresoever c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of twenty four Knights by all their lands c. And that of the Issues c. And that he have their bodies c. before our Lord the King at the same Term c. the same day is given aswell to the parties aforesaid as to the aforesaid seven Jurors of the first Inquisition aforesaid now appearing c. Continuance by a Writ of adjournment BEfore which day the Plaint aforesaid was adjourned by the Writ of our Lord the King of Common adjournment untill eight dayes of St. Hillary then next following wheresoever c. At which said eight dayes of St. Hillary the Plaint aforesaid was further adjourned by the Writ of our Lord the King of Common adjournment untill from the day of Easter in fifteen dayes unto the Castle of Hertford At which day c. Continuance of the Jurata where the Plaintif acknowledgeth one of the Defendants to be dead AT which day came aswell the aforesaid P. as the aforesaid R. by their Attorneys aforesaid And the aforesaid P. sayes that the aforesaid A. is dead c. Therefore against him nothing is further thereupon to be done c. And thereupon the parties aforesaid now appearing The Sheriff thereupon sent not the Writ c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King untill in eight daies c. wheresoever c. for default of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid now appearing c. Continuance of a Jurata by the assent of the parties THe Jury between I. S. Esquire Plaintif and T. W. of c. of a Plea of Trespass put in respite here untill such a day c. aswell of the assent of the parties aforesaid as of the Iurors of the same Iury now here at this day to wit from the day of Easter c. appearing Therefore the Sheriff is to have their bodies c. THe Iury between T. W. Gent. by his Attorney Plaintif Jurata which serves either for debt trespass or Ejectione firme And G.D. of c. of such a Plea put in respite before our Lord the King at Westminster untill Tuesday next after Eight dayes of Saint Michael unlesse the Iustices of the Assizes of our Lord the King in the County aforesaid assigned to be taken first on Monday the eighth day of August at Newark upon Trent in the County aforesaid by the form of the Statute c. Come for default of Iurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. And it is to be known that the Writ of our Lord the King thereupon the fourth day of July in this self-same Term before our Lord the King at Westminster is delivered of Record to the Deputie of the Sheriff of the County aforesaid in form of Law to be Executed under a penaltie c. UNless the beloved and faithfull c. John Popham Knight This difference in Guild-hall London before the Chief Justice Chief Iustice of our Lord the King of the Pleas in the Court of him the said Lord the King before him the said King assigned to be held first on Saturday next after c. at Gild-hall London by form of the Statute c. as in the next before ACTIONS of COMMITTITVR COMMITTITUR Committitur of a Prisoner to the Marshall being under the Custodie of the Sheriff by a Case AFterwards to wit the twenty fifth day of May then next following before our Lord the King at Westminster came W. R. in his proper person under the Custody of the Sheriff of the County aforesaid in Execution for the damages aforesaid by vertue of the Writ of our Lord the King of Capias ad satisfaciendum to him the said Sheriff of and upon the Premisses directed which said R. is committed to the Marshall c. there to remain untill c. according to the form of the judgement aforesaid c. Committitur of a Prisoner upon a Case COmmand was to the Sheriff that he should take c. Whereof he is Convict And now here know aswell the aforesaid A. by his Attorney aforesaid as the aforesaid Defendant in his proper person by the Sheriff of the County aforesaid brought to the Bar And the Sheriff now retorns that he took the bodies of him the said Defendant And
aforesaid R. ought not to have her action aforesaid against them because they say that they did not take nor Arrest the aforesaid G. in the manner and form as the aforesaid R. above against them complaineth And of this they put themselves upon the Country And the aforesaid R. in like manner c. Therefore the Jury is to come c. R. S. complains of John Chaunroy Bayliff of the Liberty of the Bishop of London in the County of Middlesex Escape upon a Bill of Middlesex where the Plaint and attachment is mentioned for that whereas the aforesaid R. S. on Tuesday next after a month of Easter such a year before our Lady the Queen at Westminster had prosecuted a certain Bill against I. T. For that that he the same I. T. such a day and year by force and arms the Close of him the said R. S. at Westminster in the County of Middlesex he had broke And other harms to him he had done against the Peace of our Lady the Queen that now is to the damage of him the said R. S. of 20. l. And he found pledges of prosecuting his Plaint aforesaid to wit John Dee and Richard Row by force of which said Bill it was commanded to the Sheriffs of Middlesex that they should attach the aforesaid I. T. so that he might be before our Lady the Queen at Westminster on Thursday next after a month of Easter then next following to answer the aforesaid R.S. of the Plea aforesaid the same day was given to the aforesaid R. here c. At which day before our Lady the Queen at Westminster came the aforesaid R.S. in his proper person And Christopher Hawks and T.G. Sheriffs of the said County of Middlesex by vertue of the precept aforesaid before our Lady the Queen at Westminster returned that the aforesaid I. had nothing within their Balywick by which he could be attached Upon which it was commanded to the same Sheriffs that they should take him if c. And him safely c. So that they might have his body before our Lady the Queen at Westminster on Monday next after eight dayes c. from thence next following to answer the aforesaid R.S. of the aforesaid Plea The same day was given to the aforesaid R. here c. And the aforesaid Sheriffs of Middlesex by vertue of the precept aforesaid commanded a certain Warrant to the aforesaid I. E. Bayliff of the Liberty of the Bishop of London in the County of Middlesex who had full return of all Writs Precepts and Warrants c. And so recite the return untill for that Execution thereupon elsewhere in the County aforesaid out of the Liberty aforesaid could not be made Which said I.C. by vertue of the Warrant aforesaid such a day and year at S. aforesaid in the County aforesaid took and arrested the aforesaid I. T. And the aforesaid I. C. plotting to defraud the aforesaid R. S. and to defer him from the recovery for his Trespass aforesaid he the said I.T. so taken and Arrested the aforesaid I.C. such a day year and place aforesaid suffered to go at large by which he the same R. S. is deprived altogether of the recoverie for his Trespass aforesaid To the damage of him the said R. twenty pounds And thereupon he brings his Sute c. Escape against a Sheriff for not having the body of one by him arrested at the retorn of the Writ ss HEnry Appleton latly Sheriff of Essex was attached by a Writ of Privilege of our Lord the King from the Couâ—t here issuing to answer H.C. one of the Attorneys of the Court of our Lord the King of his Bench here according to the Liberties and Privileges of the same Court for the like Attorneys and other Ministers of the same Bench from time out of mind used and approved in the same of a Plea of Trespass upon the Case And whereupon the same H.C. in his proper person Complains wherefore whereas one T.D. a forreign Merchant was indebted to him the said H. C. in a hundred pounds of lawfull money c. To be payd to him the said H. C. when he should be thereunto required And for that that the aforesaid T. D. had not payd the same hundred pounds to him the said H.C. he the said H. C. for the more speedy recovery of that debt such a day and year then being one of the Attorneys of the Court of the Bench of our Lady the Queen here according to the Liberties and Privileges of the same Court from the whole time aforesaid used and approved in the same out of the same Court of Bench here prosecuted a certain Writ of Privileges of our Lady the Queen against the aforesaid T. D. to the then Sheriff of the aforesaid County of Essex being directed By which said Writ our aforesaid Lady the Queen Commanded him the then Sheriff that the same Sheriff should attach the aforesaid T.D. so that he might have him before the Justices of our Lady the Queen here on Tuesday next after the Morrow of all Souls then next following to answer unto him the said H. C. of a Plea of Debt Which said Writ he the said H.C. afterwards to wit such a day and year to the aforesaid H. A. then being Sheriff of the aforesaid County of E. at London that is to say in the Parish c. delivered in form of Law to be executed by Vertue of which said Writ the aforesaid H. A. the same day and year c. then being Sheriff of the aforesaid County of E. Commanded the Bayliff of the Libertie of our Lady the Queen of her hundred of B. in the aforesaid County of E. which said Bayliff had Execution of all Writs within the same Liberty for that no Execution of that Writ could be made within his Bailiwick else-where That he should attach the aforesaid T. So that he might have his body before the aforesaid Sheriff before the retorn of that Writ So that the same sheriff might have him before the Justices of our Lady the Queen here at the aforesaid day of Wednesday next after c. to answer the aforesaid H. C. of the aforesaid Plea By vertue of which said Warrent the aforesaid Bayliff afterwards to wit such a day year and place in the aforesaid County of E. within the Libertie aforesaid he took and arrested the aforesaid T. And the same Bayliff after that taking and arresting and before the said day of Wednesday c. to wit the second day of N. in the twenty seventh year aforesaid the aforesaid T. to one H. C. then Deputie of the aforesaid H. A. authorized by the same H. A. in that behalf he delivered to be safely kept as the aforesaid H. A. retorned to the aforesaid Justices of our Lady the Queen here at the aforesaid day of Wednesday c. The aforesaid H. A. his Office of a Sheriff in the just and true Execution of the Writ aforesaid little caring but knowing the aforesaid T. to be a fugitive and deceiptfull person and plotting and intending him the said H.C. to hinder from the recoverie of his debt aforesaid and to cause him the said H.C. what in him lay wholly to lose his debt aforesaid the aforesaid T. before the aforesaid Justices of our Lady the Queen here at or ever after the aforesaid day of
Wednesday c. according to the purport of the aforesaid Writ he had not but the same T. he the said H. C. of his said debt aforesaid being in no wise satisfied or in any manner contented before the retorn of the same Writ to wit such a day and year at London c. in the Parish c. he suffered to go at large whithersoever he would in the danger of the losse of the debt of the aforesaid H. C. For that if the aforesaid H. A. had had the aforesaid T. before the Justices of our Lady the Queen here at the aforesaid day of Wednesday c. according to the purport of the Writ aforesaid and the aforesaid Arrest then the same T. ought to have found in the Court here to him the said H. C. sufficient Manucaptors who must have undertaken for the aforesaid T. that if the same T. should be Convict in the Debt aforesaid that then he the said T. should pay the debt aforesaid to him the said H.C. or should render himself to the Prison of our Lady the Queen of the Fleet by occasion of the Judgement of and upon the Premisses to be rendred or that they the said Manucaptors the debt aforesaid for the aforesaid T should pay to him the said H. C. And if the same T. did not find such Manucaptors that then he should be committed to the Prison of our Lady the Queen of the Fleet there to stay untill he should do it To the damage of him the said H. C. a hundred pounds And thereupon he brings his Sure c. And the aforesaid H. A. by Thomas Foster his Attorney comes and defends the force and injurie when c. Not guilty pleaded And sayes that he is in nothing guilty of the Premisses above imposed upon him And of this he puts himself upon the Countrey And the aforesaid I. C. in like manner Therefore Command is given to the Sheriff that he cause to come here in eight dayes of the Purification of the blessed Virgin Mary and c. By whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid here c. This was tried in London and a Verdict and Judgement for the Plaintif And a Writ of Error was brought and assigned for Error For that it appears not in what place the Bailiff of the Libertie delivered the Prisoner to the aforesaid F. the under-Sheriff nor whether he was delivered in the County of Essex or no. Error also for that he said not in his Declaration that the Defendant took no securitie for the appearance aforesaid for it might be that the Sheriff delivered him up upon Bayl according to the form of of the Statute Error also for that the Plaintif said not that the aforesaid T. appeared not in the Bench. Afterwards the Defendant after he had pleaded in nullo est Erratum died And then was made this Entrie following as yet c. Afterwards to wit the fifth day of May in the Four and thirtieth year of the reign of our Lady the Queen that now is before our Lady the Queen at Westminster came the aforesaid H. A. by his Attorney aforesaid And sayes that the aforesaid H. C. is dead and prayes licence to purchase a new Writ of Error c. And it is granted unto him c. And afterwards to wit the sixt day of May then next following before our Lady the Queen at Wistminster came the aforesaid H. A. by his Attorney aforesaid And brought before our Lady the Queen a certain new Writ of Error of our Lady the Queens directed to the Justices of our Lady the Queen of the Pleas before her the said Queen assigned to be held which said Writ follows in these words Elizabeth c. And so recite the Writ of Error And upon this the same H.A. says that in the Record and Processe aforesaid as also in the rendring of the Judgement aforesaid it is manifestly Erronious alleging for Errors the severall matters above assigned And the same H.A. sayes further that the aforesaid H.C. before his death to wit at London aforesaid in the Parish and Ward aforesaid made his last VVill and Testament in writing And thereby Constituted and ordeined Elizabeth his then wife Executrix of his Testament aforesaid and there afterwards died And the same H. A. prayes a VVrit of our Lady the Queen to warn the aforesaid Executrix of being here c. retornable on the morrow of the holy Trinitie c. wheresoever c. At which day came the aforesaid H. A. by his Attorney And the aforesaid Defendant by John Williams her Attorney came And upon this the aforesaid H. A. as formerly sayes That in the Record and Premisses aforesaid c. it is manifestly Erronious And the Executrix pleads that it is in nothing Erronious and so they continue it for argument And afterwards upon full debate judgement was affirmed ACTIONS OF DEBT AND DIVERS OTHER Actions and Pleas. DEBT ss W C. Complaineth of I.H. in the Custody of the Marshall c. of a plea A Declaration in Debt upon a Bill to be paid at the day of Marriage of the Defendant that he render unto him 20 l. of good and lawfull c. which c. for that to wit that whereas the aforesaid I. in such a day and year at c. by his certain Bill Obligatory sealed with the Seal of him the said I and unto the Court c. whose date c. acknowledged himself to owe unto the said W. the aforesaid 20. l. to be paid unto the said W. at the day of the Marriage of him the said I and the said W. in fact saith that the said I. afterwards that is to say in such a day and year c. married to wife one M.A. by which an Action did accrue unto the said W to require c. ss W. B. next of Kin of R.B. deceased Declaration in Debt for an Administrator against an Administrator Administrator of all and singular the Goods Chattels rights and Credits which where of R.B. late of H. in the County of Middlesex Yeoman otherwise called c. deceased which dyed intestate complaineth of A.N. Widow Administrator of all and singular the goods and chattels rights and credits which were of R.N. late of F. in the County of Middlesex Yeoman deceased in the custody of the Marshall c. of a Plea that he render unto him 60. l. of lawfull c. which c. for that to wit that whereas the aforesaid R.N. in his life that is
to say in such a day and year at c. by his certain Writing obligatory sealed with the Seal of him the said R.N. in his life and unto the Court c. whose Date c. acknowledged himself to be holden and firmly bound unto the said R.B. in his life in the aforesaid 60. l. to be paid unto the said R.B. his Executors or Administrators on the Feast of St. Michael the Arch-Angel from thence next ensuing notwithstanding the aforesaid R.N. in his life and the aforesaid A.N. after the death of him the said R.N. although often requested c. the aforesaid 60. l. unto the said R.B. in his life and the said W.B. unto whose Administration of all and singular the Goods and Chattels Rights and Credits which were of the said R.B. at the time of his death by T. Watts Arch-Bishop of Middlesex lawfully deputed 25. day of May in the year of our Lord 1577. at London was committed have not hitherto paid nor either of them hath paid but the same unto the said R.B. in his life and the said W.B. after the death of him the said R.B. have altogether denyed to pay and the aforesaid A.N. doth deny to pay and the same unto said W. as yet doth unjustly detain to the damage of him the said W. 40. pounds and in delay of the Execution of the Administration aforesaid and thereupon he bringeth his Sute and profereth here in Court the aforesaid Letters of Administration of the said W. by which it plainly makes appear unto the Court of the said Lady the Queen here him the said W. to be Administrator of the Goods and Chattels aforesaid c. An Action upon the Statute of Maintenance ss I. F. Who aswell for the Lady the Queen as for himself prosecuteth and complaineth of H.B. in the custody of the Marshall c. of a Plea that he render unto the said Queen and unto the said I. 10. l. of lawfull c. which unto the said Lady the Queen and to the said I. who aswell c. doth owe and unjustly detein for that that is to say That whereas in the Statute in the Parliament of the Lord H. the 8. late King of England at Westminster in the County of Middlesex 28 day of April in the one and thirtieth year of his Reign began to be held and there through divers prorogations untill to the 25. day of May in the two and thirtieth year of his Reign prorogued and continued The words in pleading that the Parliament is prorâ—gued and then and there held by the said Lord the King with the assent of the Lords Spirituall and Temporall and of the Commons there it was enacted that no person or persons of whatsoever State degree or condition he or they should be or were from thenceforth hereafter he or they should unlawfully maintain or cause or procure any unlawfull Maintenance in any Action Demand Sute or Complaint in any Court of the said Lord the King of the Chancery Star-Chamber Whitehall or else-where within any the Dominions of the Kingdom of England or of Wales or in the Marches of the same where any person or persons hath or then hereafterwards should have authority by virtue of a Commission of the Lord the Kings Letters Patents or Writ to hold a Plea of Land or to examine hear or determine any Title of Land or any matter or Witnesses concerning the Title Right or Interest of any Lands Tenements or Hereditaments and also that no person or persons of whatsoever state degree or condition he or they be or were from thenceforth in time to come should unlawfully retein for maintenance of any Sute or Plea any person or persons to imbrace any Freeholders or Jurors or should suborn Witnesses by Letters reward promise or any other sinister labour or means to maintain any matter or cause to the disturbance or hindrance of Justice or to the procuration or occasioning of any Perjurie by false Verdict or otherwise in any Court aforesaid under the pain of forfeiting for every such offence 10. l. of which one moity thereof should be unto the said late King his Heirs or Successors but the other unto him who therefore will prosecute by action of Debt Bill Plaint or information in any Court of the said late King where no Essoin Protection wager of Law injunction shall be allowed as in the same Statute amongst other things is more fully contained notwithstanding the said H. the aforesaid Statute no wise regarding nor the penalty in the same contained any manner of way fearing a certain Bill of plaint before her the said Lady the Queen at W. as yet hanging undetermined between one R.K. Plaintif and the aforesaid I.F. of a Plea of Trespass on the behalf of the said R.K. against the aforesaid I.F. in such a day and year at c. hath maintained and upheld to the manifest disturbance and hindrance of Justice and in Contempt of the Lady the now Queen and against the form of the aforesaid Statute by which an Action did accrew unto the said I.F. aswell for the Lady the Queen as for himself to require and have of the said H.B. the aforesaid ten pounds notwithstanding the aforesaid H. although he hath been often requested c. the aforesaid 10. l. unto the said I.F. who aswell c. hath not as yet paid but the same to him hitherto hath altogether denyed to pay and as yet doth deny to the damage of him the said F. five pounds and thereupon he bringeth his Sute c. ss P. S. Who aswell for the Lady the Queen as for himself A Declaration upon the Statute of Perjury prosecuteth and complaineth of W. O. in the custody of the the Marshall of a Plea that he render unto the said Lady the now Queen and unto the said P. 20. l. of lawfull c. which unto the said Queen and unto the said P. who aswell c. doth owe and unjustly detein for that that is to say that whereas in a Statute in Parliament of the Lady the now Queen at W. in the County of Middlesex on the 12. day of January in the fifth year of her reign holden published amongst other things it was firmly Ordained and Enacted by the Authority of that Parliament that if any person or persons after the 10th day of April then next following either by subordination unlawfull procuration sinister perswasion or means of any other by their proper Act consent or agreement voluntarily and corruptly should commit any voluntary perjury by his or their deposition in any the Kings Chancery Courts of the Star-chamber Whitehall or elsewhere within the Kings Dominions of England or Wales or in the Marches of the same where any person or persons hath or have authority by virtue of the Kings Commission of Paâ—ent or Writ to hold Plea of Land or to examine or determine any Title of land or any matter or Witnesses concerning the Title Right and Interest of
the Sea in his Voyage towards London aforesaid with the said Wine And further the said I. N. in fact saith that after the said lading of the said thirty two Pipes of Canary Wines of the said I. N. in the said Ship in form aforesaid done to be transported from the said Isle of Teneriff up to London aforesaid and after the said departing of the said Ship from the said Port of the Isle of Teneriff aforesaid in his said Voyage towards London aforesaid the same Ship bâ—ing laden with the said thirty two Pipe of Canary Wines of him the said I. N. in saying upon the main Sea from the Isle of Teneriff aforesaid towards London aforesaid that is to say the twenty eighth day of I in the fortieth year of the Reign of the said now Queen aforesaid by the boisterousness of Winds and great Tempests in the main 〈◊〉 was overwhelmed and there was cast away and the said thirty two Pipes of the Canary Wines of him the said I. there then and in the main Sea were altogether lost that the said I. N. afterwards that is to say the Tenth day of A. in the fortieth year aforesaid at London aforesaid in the Parish and c. gave Notice to the said 8. of the said losse Notwithstanding which the said E. his promise and Assumption aforesaid nothing regarding but imagining and fraudulently intending the said I. N. of the said twenty five pounds or any parcell thereof unto the said I. N. hath not as yet paid or in any manner for the same hath satisfied although afterwards that is to say such a day and year at L. aforesaid in the Parish and c. was required by the said I. to doe this whereupon the said I. faith that he is the worse and hath Damage to the value of ten pounds And thereupon he bringeth his Sute c. ss EDward Ayscoughe Esquire complaineth of Thomas Pelhum Esquire late Sheriff of the said County Surrey Declaration against a Sheriff for that he did not arrest one in exccution upon a Cap. utl after Judgement being in his presence Enquire if the Plaintif ought not declare who aswell for the Queen as for himself A Cap ' to satisfie to the Sheriff of London and that he was not to be found ret ' thereupon for that that the Originall Writ there had issued in the Custody of the Marshall c. for that that whereas the said E. formerly that is to say in the Term of St. Michael in the 28. and 29th years of the Reign of the now Queen before Edmond Anderson Knight and his fellows then Justices of the Queens Bench at Westminster in the County of Middlesex by Consideration of the same Court had recovered against one W. Howard late of c. sixty five pounds three shillings four pence which was adjudged unto the said E. in the Court of the said Queens Bench for his Damages which he had by occasion of a certain Trespas upon the Case unto him by the aforesaid W. done as it had been said whereupon he was convicted upon which said Judgement the said E. for the more speedy obtaining of the said Damages afterwards that is to say the nineteenth day of J. in the thirtieth year of the said now Queen shed forth out of the Court of the said Queens Bench a certain Writ of the same Queen to satisfie against the said W. directed to the then Sheriffs of London where his Originall Writ in the said Plea had formerly issued by which said Writ the said Queen had commanded them the said then Sheriffs of London that they should take the said W. if he should be found in their Bayliwick and him safely to keep so that they should have his body before the Justices of the said Queen at Westminster from the day of the holy Trinitie in fifteen dayes then next following to satisfie unto the said E. of the said 65. pound 3. shillings four pence which unto the said E. in the same Queens Court were adjudged for his said Damage whereof he was Convicted At which day before the said E. Anderson and his fellows then Justices of the said Queens Bench at Westminster aforesaid came the same Edward by his Attorney and T. Skinner and I. Catcher then Sheriffs of London sent to the then Justices of the said Queen at Westminster that the said W. was not found in their Bayliwick by which then and there a Command was to the same then Sheriffs of London Exigent to the Sheriffs of London that they should cause to be called the said W. from Husting to Husting until according to the Law and Custom of the Kingdom of the said Q. of England he should be Outlawed if he should not appear and if he should appear then they should take him and cause safely to be kept so that they should have his Body before the Justices of the said Queen at Westminst aforesaid on the Morrow of all Souls then next following to satisfie unto the said Edward of the said Damages At which day before the aforesaid Justices of the said Queen at Westminster came the said E. by his said Attorney Exigent retorned by the new Sheriffs which was executed by the Sheriffs of London their Predecessors and H. Offeley and R. Saltenstall then Sheriffs of London then and there retorned the said Writ unto them by the said T. Skinner and I. C. late Sheriffs of London their Predecessors in going out from their Office delivered unto them and in form following retorned and executed that is to say at the Husting of a Plea of the Land held in Guild-hall of the City of London on Monday next after the Feast of the Apostles of Peter and Paul in the thirtieth year abovesaid the said W. the first time was called and did not appear At the Husting of a Plea of the Land held in the Guild-hall of the said City on Monday next after the end of St. Mildred the Virgin in the thirtieth year abovesaid the said W. was the second time called and did not appear At the Husting of a Plea of the Land held in Guild-hall of the said City on Monday next after the end of St. James the Apostle in the thirtieth year abovesaid the said W. was the third time called and did not appear At the Husting c. held c. on Monday next afor the end of St. Faiths the Virgin in the year c. the said W. was the fourth time called and did not appear At the Husting c. held c. on Monday next after the end of St. Luke the Evangelist in the thirtieth year abovesaid the said W. was the fift time called and did not appear therefore he was Outlawed Outlawed Upon which the said E. afterwards that is to say in the Term of St. Hilary in the thirty second year of the Reign of the said now Queen he Sued forth out of the said Court of the Queens Bench aforesaid at Westminster aforesaid a certain Writ
of the said Queen to take the said W. so as is premised Outlawed Cap ' utl to the Sheriff of Surrey directed Speciall Cap ' Utl. directed to the Sheriff of Surrey by which said Writ of the said Queen unto the then said Sheriff of Surrey is commanded that he should not omit for any Liberty of hiâ— County but that by the Oath of honest and lawfull men of his County he should diligently enquire what Goods and Chattels Lands and Tenements the said W. had in his Bayliwick on Monday next after the end of St. Luke the Evangelist aforesaid in the thirtieth year abovesaid or ever after that day he was Outlawed in London at the Sute of the said E. of a Plea of Trespas upon the Case whereupon he was convicted as the said Sheriffs of London unto the Justices of the said Queen at Westminster at a certain day then past had sent And he by their Oath should cause to be extended and apprised according to the true vaâ—ue of the same and those things which by that Inquisition should be found he should take into the hands of the said Queen and should cause the same to be safely kept so that out of the true value and profits thereof he should answer unto the said Queen and the same so extended and appraised what therupon he should do he should make known unto the then Justices of the said Queen at Westminster from Easter day to one Moneth next following distinctly and plainly under his Seal and under the Seals of them by whose Oath he should make that Extent and Appraisement And for that the said W. lay Out awed and did run into the said County of Surrey in Contempt of the said Queen and prejudice of her the said Queens Crown the Queen thereupon commanded the said Sheriff of Surrey that he should take the said W. wheresoever in the Bayliwick aswell within a Liberty as without he should happen to find him and cause him to be safely kept so that he should have his body before the Justices of the said Queen at Westminster at the said Term to do and receive what the Court of the said Queen of that shall consider in this behalf and that he should have then there that Writ And although the said E. after the issuing forth of the same Writ and before the said Moneth of Easter that is to say the second day of March in the year of the Reign of the now said Queen thirty two abovesaid at Southwark in the said County of Surrey in the presence of the said W. then being at large and whom the said T. by vertue of any Writ of the said Queen lawfully and safely might take delivered unto the said Thomas Pelham then being Sheriff of the said County of Surrey that writ in form of Law to be executed and the same Edward then and there offered to pay unto the said Sheriff the Fee due unto him for the Execution of the same Writ and then and there required the said Sheriff that he should execute the said Writ as to him by that Writ it was commanded notwithstanding which the said T. P. then and continually afterwards untill the said Moneth of Eastet and after the said Moneth of Easter the said Sheriff of the said County of Surrey being the Command of the said Queen little weighing and his office of Sherivaâ—ty in the true and just execution of that Writ to him directed as by the bond of his Oath he was bound nothing regarding cunningly imagining not onely the said Queen of that which belongeth to the said Queen by reason of the Outlary aforesaid to defraud and him the said E. from the obtaining of the said Damages in form aforesaid recovered very much to hinder And also the Court of the said Queens Bench in this behalf to deceive and mock the said W. so as is Premised Outlawed as contemning the said Queens Crown and Dignity and the Law of her the said Queen continually from day to day after the Receipt of the same Writ and before the Retorn of the same at large in his Bayliwick going and there remaining altogether refused to take and arrest and that Writ at the aforesaid Moneth of Easter before the Justices of the said Queens Bench had not neither did Retorn nor any thing thereupon did but that Writ altogether concealed to the Contempt of the said Queens Command and manifest deceiving and mocking of the said Court and also not to the small damage and grief of him the said E. and the manifest hindrance and delay of the recovery of his said Damages Not guilty pleaded to the Damage of him the said E. one hundred pounds And thereupon he bringeth his Sute c. Declaration upon an Assumpsit to save one harmless upon an Obligation ss E. B. complaineth of R. C. in the custody of the Marshall c. for that to wit that whereas the aforesaid E. such a day and year at H. in the County aforesaid at the speciall instance and request of the aforesaid R. by his writing Obligatory bearing Date the same day and year was bound together with the aforesaid R. and for the sole Debt of the said R. unto one P. B. upon condition thereupon Indorsed that if the aforesaid R.C. should pay unto the aforesaid P. B. at a certain day in the same Condition contained eight pounds of lawfull c. that then that Writing should be void and of none effect otherwise to remain in his strength and vertue the aforesaid R. afterwards that is to say in such a day and place in Consideration aforesaid assumed upon himself and the aforesaid E. B. then and there faithfully promised that he the said R. at all times then afterwards should discharge the aforesaid E. against the aforesaid P. from the aforesaid Writing Obligatory yet nevertheless the aforesaid R. his promise and assumption aforesaid not regarding hath not hitherto discharged the aforesaid E. from the aforesaid Writing Obligatory although he hath been often required by him the said E. to doe it whereupon the said E. saith that he is very much the worse c. ACTIONS OF TRESPASS TRESPASS AND the said T. S. by F. S. his Attorney commeth and defendeth the force and injury when Defendant justifies as his ServaÌ„t which had the Freehold c. And as to the comming with Force and arms c. not guilty as and as to the rest of the Trespass aforesaid above supposed to be done the said T. saith that the Action he ought not c. because he saith that the house aforesaid in the said Declaration above specified in which it is supposed the Trespass aforesaid to be done is and at the foresaid time in which c. was the ground and Freehold of the said I. B. by which the said T. as Servant of him the â—â—id I. and by his command at the same time in which c. the foresaid house as the house and ground and proper
aforesaid saies that he is nothing thereof guilty c. and as to the breaking of the Closes and Houses and the assault aforesaid the same S. sayes that the Plaintiffe ought not to have his action aforesaid against him Because he saith that the Closes and Houses as also the places in which the Trespasse aforesaid was supposed to bee made are and the aforesaid time wherein c. were seven Messuages and four Gardens with the appurtenances in the parishes of St. Sepulchers and St. Martins and St. Brigets aforesaid in the Ward aforesaid of which said seven Messuages and foure Gardens before the said time wherein c. one I.S. was seized of his demesne as of fee and so being thereof seized before the said time wherein c. thereof enfeoffed the aforesaid S.P. to hold for him and his Heires for ever By vertue of which Feoffement the same S. was thereof seized in his demesne as of Fee and the aforesaid E. claiming the Tenements aforesaid with the appurtenances by colour of a certaine Deed or Demise to him thereupon made for terme of his life by the aforesaid J.S. long before the said Feoffement of the same Tenements with the appurtenances to the aforesaid S. in forme aforesaid made were nothing of the same Tenements with the Appurtenances unto the possession of her the said E. ever passed into the same Tenements with the appurtenances before the said time wherein c. and enter upon whose said E. her possession thereupon the aforesaid time wherein c. peaceably re-entred and the Houses and Closes brok and upon the same E. then being there softly laid his hands and commanded her the said E. then and there to goe out of the Messuages and Gardens aforesaid under the danger which by the Law otherwise might come to her the said E. as it was lawfull for him to doe Which said soft laying on of hands and entry and breach of Closes and houses aforesaid out of the house aforesaid is the same assault whereof the aforesaid E. above now complaineth and this hee is ready to aver whereupon he prayes judgement whether the aforesaid E. ought to have her action aforesaid against him c. And the aforesaid E. sayes that she by any thing before pre-alledged ought not to be debarred from having her action aforesaid against him because she saith that as to the aforesaid Plea of him the said D. of the assault c. aforesaid above pleaded the same E. saith that the aforesaid S. the day and year in the said Declaration of her the said E. above specified at London aforesaid in the Parish and Ward aforesaid of his proper injury and without any such cause by him the said S. in his barre aforesaid above alleadged on her the said E. made an assault and her then and there beat c. in manner and forme as the same E. above by her Writ and Declaration above against him hath declared And this she prayes may be enquired of by the country And the aforesaid S. in like manner c. And as to the aforesaid Plea of the aforesaid S. to the breaking of the Closes and houses aforesaid above pleaded the same E. sayes that long before the said I. S. had any thing in the Tenements aforesaid with the Appurtenances the same E. was of the same Tenements aforesaid with the Appurtenances seised in her demesne as of Fee Until the aforesaid S. her the said E. long before the trespasse aforesaid made unjustly and without judgement disseised by which the same S. was of the same Tenements with the Appurtenances seized in his demesne as of Fee by disseisin and he by that disseisin being so c. The same S. before the said time wherein c. thereof enfeoffed the aforesaid I. S. to hold to him and his heires prove By vertue of which said Feoffement the said I.S. was thereof seized in his demesne as of Fee And so being thereof seized before the said time wherein c. thereof enfeoffed the aforesaid S. to hold to him and his heires for ever By vertue of which said Feoffmenent the same S. was of the same Tenements with the appurtenances seized in his demesne as of Fee in manner and form as the same S. above by pleading hath alleadged Upon which the said S.P. his possession thereupon the aforesaid E. before the said time wherein c. did enter and was thereof seised in his demesne as of Fee Untill the aforesaid S. the aforesaid time of the trespasse aforesaid made by Force and Armes c. the Closes and houses of her the said E. with the appurtenances hee did break in manner and forme as the same E. by her Writ and Declaration aforesaid above against him hath complained And this c. Whereupon for that the aforesaid S. the Trespasse aforesaid above acknowledgeth she prayeth judgement and her damages by reason of that Trespasse c. to be adjudged unto her c. The Defendant maintaines his plea and traverses the disseizin AND the aforesaid S. as formerly saith that long before the said time wherein the Trespasse aforesaid is supposed to be made the aforesaid I.S. was of the same Tenements with the appurtenances seized in his demesne as of fee and he being thereof seized before the said time wherein c. thereof Enfeoffed him the said S. to hold to him and his Heires for ever by vertue of which Feoffement the same S. was of the same Tenements with the appurtenances seized in his demesne as of Fee in manner and form as the same S. in his aforesaid above hath alledged Tranverse Without that that the same S. dis-seized the aforesaid E. of the Tenements aforesaid with the appurtenances as the aforesaid E. in her replication aforesaid above hath alledged And this c. whereupon hee prayes judgement and that the aforesaid E. may be debarred from having her action aforesaid against him c. ANd the aforesaid E. as formerly saith Issue upon the Traverse that the aforesaid S. dis-seized her the said E. of the Tenements aforesaid with the appurtenances as the same E. in her replication aforesaid above hath alledged and this she prayes may be inquired of by the Country and the aforesaid S. in like manner c. ANd the aforesaid W.S. in his proper person comes and defends the force and injury when c. and as to the coming by force and armes c. as also the whole Trespasse aforesaid Iustification by vertue of a Justices of peaces warrant besides the assault aforesaid sayes that he is in nothing thereof guilty c. and as to the assault aforesaid the same W. sayes that the aforesaid plaintiffe ought not to have his action aforesaid against him Because he saith that before the time of the Trespasse aforesaid supposed to bee made to wit such a day and yeare at C. in the County of N. before T. C. Earle of Devonshire then one of the Justices
And sayes that he at and by the request of the aforesaid I. B. and W. T. in the Bill aforesaid named before the maintenance aforesaid supposed was reteyned at F. in the County of B. to be of Counsell with them the said I and W. in the Bill aforesaid named Taking therein for his Counsell as then and there between them was agreed By virtue of which Reteynder the same B was of Counsell of the aforesaid I and W. as well in the matter in the plaint aforesaid contained as in all other their Law matters and them counselled according to the best of his understanding knowledge and conception of the Law at the time of the maintenance aforesayd supposed and had Communication with other persons of their Counsell and them he requested and laboured to be of their Counsell as it was lawfull for him to do which is the same maintenance whereof the aforesaid Plaintiffe in his Bâ—ll aforesaid complaines Which all and singular the same Defendant is ready to averre Whereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his Action aforesaid against him c. The Plaintife sayes that the Defendant was a Lay man and not a Counsellor AND the aforesaid A. sayes that he by any thing before pre-alleadged ought not to be debarred from having his Action aforesaid because he saith that at the time of the maintenance aforesaid the aforesaid Defendant was a Lay man and not a Counsellor learned of and in the Law aforesaid as the aforesaid Defendant hath above alleadged And this he prayes may be enquired of by the Countrey And the aforesaid Defendant in like manner c. Iustification in mayntenance as an Attorney by warrant of Attorney AND the aforesaid I. B. in his proper Person comes and having heard the Bill aforesaid defends the force and injury when c. and all contempt and whatsoever c. by Protestation that the Bill aforesaid containeth not in it sufficient matter to enforce him the sayd I. to answer the same matter for Plea he saith that he presumeth not that our Lord the King will impeach or molest him the said I. of the maintenance aforesaid by occasion of the Bill aforesaid because he saith that the aforesaid R.P. before the time wherein the maintenance aforesaid was supposed to be made that is to say such a day and year in the Court of our Lord the King before him the said King at Westminster the aforesaid plaint then depending in the same Court by Writ of Attaint by a certaine Warrant of Attorney residing here in Court constituted and ordained and put in his place him the said I.B. to prosecute for him the said R.P. the aforesaid Writ of Attaint or to gaine or loose in that plaint and the same I. B. was to this admitted by the same Court as it appears here in the same Court amongst the Warrants of Attorney of the Term of the Holy Trinity in the 34th yeare aforesayd By which the same I.B. the said Writ of Attaint for the aforesaid R. P. prosecuted and for him the said R. P. apeared in the same plaint as Attorney of him the said R. P. by vertue of the Waâ—â—ant aforesaid the said time wherein c. as it was lawfull for him to do which said prosecution and appearance are the same maintenance whereupon the said Lord the King prosecutes his Action And this he is ready to averre as the Court c. whereupon he presumeth not that the said Lord the King him the said I. B. of the maintenance aforesaid by occasion of the Bill aforesaid in this case will impeach or molest and prayes that he may be quietly therefrom dismissed c. And the aforesaid R. F. by G.L. his Attorny comes and defends the force and injury when c. and all contempt and whatsoever Iustification in Maintenance by cause of Consanguinitie c. And sayes that the aforesayd W. C. ought not to have his action aforesayd against him because he saith that he the same R. F. is and the sayd time wherein the Maintenance aforesaid was supposed to be made was Cosen of the aforesaid R. M. that is to say Son of Margaret Sister of Alice mother of the aforesaid R.M. for whose part the aforesaid W.C. supposeth him the said R.F. to have maintained the plaint aforesaid And the same R. F. sayes further that the aforesaid R. M. for whose part c. before the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto him the sayd R. F. and requested him the said R. F. that he the said R. F. would procure a certaine man learned in the Law of the Land to be of Counsell of him the said R. M. in the playnt aforesaid And that the same R. M. would well and sufficiently reward him for his Counsell By virtue of which request he the said R.F. the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto one E. L. learned in the Law of the Land and requested him the said E. that he would be of Counsell with him the said R. M. in the playnt aforesaid and told him the said E. that the aforesaid R.M. would well and sufficiently reward him the said E. for his Counsell Which said coming to the aforesaid E. requesting and speaking to him the said E. out of the cause aforesaid are the aforesaid maintenance whereof the aforesaid W. C. brings his action aforesaid And this c. as the Court c. Whereupon he prayes judgment whether the aforesaid W.C. ought to have his Action aforesaid against him c. And the aforesaid W. C. not acknowledging that the aforesaid R.F. is a Cosen of the aforesaid R. M. in the form wherein the same R. F. above supposeth The Plaintife replies that the Defendant gave money to the Iurors of his own to give a Verdict for Plea he saith that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid R. F. the said time wherein the maintenance aforesaid was made at S. aforesaid gave oâ— his own proper Money to one I. P. 6 s. 8 d. being one of the Jurors who were impannelled on the aforesaid Writ of Novell desseisin to be arraigned and before the aforesaid I. P. and R. L. Justices of Assizes of our Lord the King in the County aforesaid assigned to be taken returned between the aforesaid R. M. and the aforesaid W.C. the now Plaintiff And unto T. R. 3 s. and 4 d. another of the Jurors on the aforesaid Writ of Assize of Novel desseisin in like manner impannelled and before the aforesaid Justices between the same parties in the playnt aforesaid named to speak their verdict with the aforesaid R.M. in the same plaint Which said gifts are the same mayntenance upon which the same W. C. conceiveth his action aforesaid And this c. as the Court
and Arrest which severally by occasion of the Appeal aforesaid they have sustained and the infamy which by the Imprisonment Damages for the Defendants and by other means they have severally incurred as also for their expences and costs in that behalf layed out to a hundred pound and upon this the aforesaid Iohn Govor Avowment that the Plaintiff had not wherewith to satisfy the Damages c. say that the aforesaid Thomas Berd hath not whereof the aforesaid Damages may be rendred unto them and pray that the Justices here may enquire at which or whose abetting the Appeal aforesaid by malice was formed and upon this it was sought of the Jurors aforesaid if the aforesaid Thomas Berd have whereof to the aforesaid Iohn Glovor and others he may be able to render the Damages aforesaid or no who say that the aforesaid Thomas hath sufficient The Jury find he hath Assets whereof to the said Iohn Govor and others c. he may be able to render the Damages aforesaid and further say upon their oaths that there are no Abettors to the forming of the Appeal aforesaid by malice for that that the principals aforesaid of the premises are quit The Jury find no Abettors because the Principals are quit It is considered that Process on that behalf against the Accessaries aforesaid shall altogether cease c. ACTIONS OF ASSIZE ASSIZE ss THe Assize comes to be Revised whether R. N. and N. H. and A. his wife have unjustly Mid. Assize upon Disseisin made of Tenements as of the Freehold Easter 9. Hen. 7. Roll 37. disseied I. Y. of F. I. G. the Elder and W. B. of his Freehold in H. after the first c. And whereupon the same I. I. and W. by W.F. their Attorney complain that they have disseized them of one Messuage and one acre and a half of Lands with the appurtenances c. And the aforesaid R. N. and A. being called came not And of them the Sheriff Retorns that they have nothing c. The Defendants come not and the Sheriff retorns a Nihil c. The assize is taken by Default c. and the review found for the plaintif And that they are not found c. And that they have neither Bayl nor Bayl 's Therefor the Assize aforesaid is taken against them by default c. And the Reviewers of the assiize aforesaid being called came who to speak to the truth of the premises being chosen tried and sworn say upon their Oath that the aforesaid I. I. and W. were seized of the Tenements aforesaid with the appurtenances in their view put in the Plaint aforesaid specified in their Demesn as of Free hold untill the aforesaid R. N. and A. them thereof unjustly and without judgement and by force and arms they did disseize and they assess the Damages of them the said I. I. and W. by occasion of the Disseizin aforesaid above their Expences and costs by them about the prosecution of this Assize layd out to six shillings and eight pence And for those Expences and costs to thirteen shillings and four pence And of the same Reviwers by the Court it is Demanded if the same Disseisin were made after the Eighth year of the Lord Henry the sixth late King of England or no who say it is so Therefore it is considered that the aforesaid I. I. and W. shall recover their seisin of the Messuage and Land aforesaid with the appurtenances in the Plaint aforesaid specified by the view of the Reviewers of the same Assize and their Damages aforesaid to the trouble according to the form of the Statute in that case provided and by the Reviewers aforesaid in form aforesaid assessed which said Damages in the trouble amount unto three shillings And the aforesaid R. N. and A. are to be taken c. A Writ of Scire fecias seisinam upon the assize before THe King to the Sheriff of Middlesex Greeting Whereas I. Y. of F. I. G. the Elder and VV. B. lately in our Court before c. at VVestminster by the review of a certain Assize of novell dissesin and the judgement of the same Court have recovered their seisin of one Messuage and one acre and a half of Land with the appurtenances in H. against R. N. N.H. and A. his wife And therefore Wee Command you that you cause to be had to the aforesaid I. I. and VV. full seisin of the Tenements aforesaid with the appurtenances without delay Witness c. An Originall in assize of noble disseisin before the King ss THe King to the Sheriff of Middlesex Greeting I. Knill and H. Lord Chard have complained unto us that G. H VV. K. and R. A. have unjustly and without judgement disseized them of their Freehold in H. after the first c. And therefore we Command you that if the aforesaid I. R. and H. shall make you secure of prosecuting their claim Then you cause that Tenement to be reseized of the Cattell which in it were taken and that Tenement with the Cattell to be in peace untill Friday next after three weeks of Saint Michael And in the mean time to cause twelve free and lawfull men of that VVisonage to view that Tenement and the names of them in the VVrit And that you Summon them by good Summons that they be then before us at Westminster ready thereupon to make their review And that you put by sure and safe Pledges the afore G. W. and R. or their Bailiffs if they be not found that they be then there to hear that Revisement And that you have then there the Summoners the names of the Pledges and this VVrit VVitness our self at Westminster the twentieth day of October in the nineteenth year of our Reign The Retorn thereof Pledges of prosecuting John Doe and Richard Row G. H. C. H. and R. A within named are attached Horse of the price of 11. shillings The residue of the Execution of this Writ appeared in a certain Panell to this Writ annexed the answer of L. K. and R.W. Sheriffs The names of the Reviewers c. I. R. Esquire c. and so the twenty fourth singularly Impanelled and then thus the Summoners of the Reviwers aforesaid and of every of them I.T. and R. S. the Manucaptors of the summons of the Reviewers aforesaid and of every of them A. D. R. R. N. D. and H. H. THe King to the Sheriff of Middlesex Greeting Habeas Corpus Jur ' upon the same We command you that you have before c. on Thursday next after the Morrow of St. Martin the bodies of I. R. Esquire and so the names of the 24 in the panell named the Reviewers of a certain Assize of novell disseisin which I. R. and H. L. have brought before us against G. H. W. H. and R. A. of Tenements in H. to make revisement of the same Assize and that in the mean time you cause the Reviewers aforesaid to see the
have alleged and that the aforesaid I. R. and H. were of the Tenements aforesaid with the appurtenances seised in their Demesn as of Fee untill the aforesaid G. W. and R. them the said I. and H. thereof unjustly and without judgement but not by force nor Arms they did disseize and they Assess the damages of them the said I. and H. by occasion of the premises aforesaid above their expences and costs by them about the prosecution of this Assize layd out to thirteen shillings and four pence Judgement upon the verdict and for those expences and costs to twenty shillings Therefore it is considered that the aforesaid I. R. and H. shall recover the seisin of the Tenements aforesaid in the Plaint aforesaid specified by the view of the Reviewers of the Assize aforesaid and their damages and costs aforesaid above assessed which said damages in the whole amount unto thirty three shillings and four pence and the aforesaid G.VV. and R. in mony c. Mony c. SIr Iohn Knill and Hugh Lochard have arraigned an Assize of novell disseisin against G. H. and others The charge given to the Jury upon the foregoing assize and supposeth them to be disseised of their Free-hold in H. and have made their claim for a Messuage and eighteen Acres of Land with the appurtenances thereunto hath come the same G. by his Attorney and saith that the Assize thereof between him and the said I. R. and H. L. ought not to be for that he saith as in his Plea and the aforesaid W. and others Defendants say that they have done no wrong nor no disseisin unto the said Plaintiff of the aforesaid Tenements and of that they have put them upon the Assize and the Plaintiff also and then rehearse further the title of the Plaintiff in his reputation and the issue that is joyned thereupon and then thus so your charge is whether that W. B. dyed seised in his Demesn as of Fee of the Messuage and eighteen acres of Land put in view and specified in the Plaint as the said G. H. hath alleged in his Bar or not and also whether the said W. H. and other Defendants disseised the Plaintiffs of the Tenements aforesaid or not if you find that the same W. B. dyed not seised as the Plaintiff hath alleged you shall enquire whether the Plaintiffs were seised of the Tenements put in view and specified in the Plaint in their Demesn as of Freehold and disseised by all the Defendants or any of them and whether the disseisin was done with force or not and if you find the said A.B. dyed not seised and that the Plaintffs were seised of the Tenements and disseised by the Defendants or some or any of them you shall enquire what damage the Plaintiff hath sustained by reason of the disseisin and also for the costs about the sute of this Assize and if you find that W. B. dyed seised in his Demesn as of Fee and that the Defendant disseised not the Plaintiff you shall enquire no further and this is your charge c. ACTIONS OF AUDITA QUERELA AUDITA QUERELA ss THE Lady the Queen hath sent to her Justices of the Pleas assigned to be held before her Audita Querela upon an Escape by a Bailiff of a Libertie her Writ in these words ss Ellzabeth c. To our Justices of Pleas in our Court before us assigned to be held Greeting Wee have received by the grievous complaint of Thomas Boyton of c. in the County of Suffolk Clerk otherwise called c. That whereas one William Andrews Citizen c. and Lewis Simpson Citizen c. London lately in our Court before us at Westminster by Bill without our Writ and by the judgement of the same Court had recovered against him the said Thomas aswell a certain debt of 100. pounds as 10. pounds for their Damages which they susteined aswell by occasion of the detention of that debt as for their Expences and costs c. layd out whereof he is Convict And although after the rendring of that Judgement to wit the second day of July in the the 31. year of our Reign at Saint Edmonds Burie in the County of Suffolk that is to say within the Libertie and Franchise then of Roger Townsend Knight and Willam Drue Esquire of St. Edmonds Bury in the aforesaid County of Suffolk the same Thomas by John Pridie and Henry Doy by vertue of a certain Warrant lately before to the aforesaid John Pridie and Henry by the aforesaid Roger Townsend and William Drue made and directed by vertue of a certain Warrant to them the said Roger and William Dixie by one Philip Tilvey Esquire then Sheriff of the aforesaid County of Suffolk under the Seal of his Office made of and upon a certain VVrit of Capias ad fatisfaciendum o' the aforesaid William Andrews and Lewis Sympson of the Debt and Damages aforesaid lately before at the prosecution of them the said W. A. and L. from our said Court before us issued and to the Sheriff of the aforesaid County of Suffolk lately before directed and delivered VVhich said Roger Townsend and William Dixie then that is to say the aforesaid second day of July in the aforesaid 31. year of our Reign and before and after had full Retorn of all and all manner of Writs and Warrants within the Libertie aforesaid to be Executed and the Execution of them In Execution of and for the Debt and Damages aforesaid was then taken and arrested And in Execution deteined untill afterwards to wit the third day of November in the 31 year aforesaid the aforesaid K. T. and W D. the same T. B. at Lamby hath in this County of Surrey the Debt and Damages aforesaid to the aforesaid William Andrews and Lewis Sympson being in no wise satisfied permitted him to goe whether he would at large As the same Thomas by divers wayes and means which are convenient is ready to make appear yet the same W. and L. by reason of the judgement aforesaid for the Debt and Damages aforesaid against him the said Thomas in our said Court before us now lately prosecuteth And him upon that occasion to take and in our Prison under the Custodie of our Marshall of our Marshalsees before us to be deteined most unjustly have procured to his the said T. B. no little loss and grievance and against the Law of our Realm of England Whereupon he hath humbly implored us to provide for him in that behalf a fit remedie And because we would not that the aforesaid T. B. should in that behalf be in any manner injured and being willing to doe what is just VVee Command you that having heard the Complaint of the aforesaid T. B. in this behalf and calling before you the parties aforesaid and hearing hereto thereupon their severall reasons to him the said T. B. you should cause to be had full and speedy Justice as of right and according to the Law
he in form by them the said William Skippon Iohn Green William Waters and Iohn Hitch had and procured the same Nicholas for making his purgation in that behalf according to the Law and cuâ—â—om of this Râ—alm of England being asked then to wit at the Gaol delivery aforesaid whether he were guilty of the Felony aforesaid whereof in form aforesaid he was endicted or no and thereupon he had sayd that he was not thereof guilty and of this had then put himself upon the Country as by the Record thereupon before the Justices remaining it is fully manifest and appears the aforesaid William Skippon John Green William Waters and Iohn Hitch by Conspiracie between them at Fakenham aforesaid in form aforesaid came before the aforesaid Justices at the Assizes aforesaid and to prove him the said Nicholas guilty of the Felony aforesaid before the same justices gave in evidence upon their oath to the Jury at the Assizes aforesaid impanelled charged and sworn to enquire of the good and ill That the same Nicholas the aforesaid Mary in form aforesaid had killed and murdered according to the form effect of the Endictment aforesaid by them in form aforesaid procured which said Jury more fully understanding the truth and the Conspiracie aforesaid as is aforesaid afore had then to wit at the Assizes aforesaid said upon their oath that he the said Nicholas was not guilty of the Felony aforesaid in manner and form as the same Nicholas was endicted and he the same Nicholas then before the Justices aforesaid at the Gaol delivery aforesaid according to the Law and custom of this Reaâ—m of England was acquitted By vertue of which said Conspiracie Endictment taking giving in evidence and detension in the Prison aforesaid of him the said Nicholas by them the said William Skippon Iohn Green William Waters and Iohn Hitch in form aforesaid had and procured the same Nicholas not only in great scandall and infamy as also in danger of his life and also of the loss of all his Goods and Chattels Lands and Tenements he was fallen and elapsed unto But also divers great sums of mony for the making of himself clear in that behalf was constrained and compelled to the Damage of him the said Nicholas two hundred pound c. Lincoln Declaration in Conspiracie brought by one who was Endicted together with others c. before the Justices of the Peace and afterwards acquit by the Justices of Assizes March 14. Hen. 6. Roâ— 6. ss T. G. lately of R. in the County aforesaid Gentleman I. P. of S. in the County aforesaid Husbandman and A.B. of the same in the County aforesaid Husbandman were attached to answer A. P. lately of S. in the County aforesaid Gentleman Wherefore by Conspiracie forehad between them the aforesaid A. P. together with E. P. lately of S. in the County aforesaid Gentleman I. G. of the same in the County aforesaid Yeoman T.C. of the same in the same County Yeoman T.S. of S. in the same County Husbandman A. H. of S. in the County aforesaid Husbandman and G.P. of B. in the County aforesaid Husbandman for that he such a day and year by force and Arms that is to say with Swords Staves and Knives and other â—urtfuâ—l weapons at S. aforesaid in the County aforesaid the Close and House of R. B. did break and enter and one Cart load of Hay of the price of six shillings and eight pence of the Goods and Chattels of him the said R. B. then and there found riotously took and carried away against the Peace of our Lord the King aforesaid at C. aforesaid to be Indicted and him the said A. upon that occasion to be taken and in the Priâ—on of the Marshalsee of our Lord the King in the Court of him the said Lord the King before him the said King held untill the same A. before Humphry Coningsbie Knight and Iohn Carrill Justices of our Lord the King at the Assizes in the County aforesaid assigned to be taken on Friday the Feast of St. Anne last past at the Castle of Lincoln in the County aforesaid according to the Law and custom of the Realm of our Lord the King of England he was thereof acquitted to be deteined falsly and maliciously at C. aforesaid they did procure to the great damage of him the said A. and against the form of the provision in that case provided And whereupon the same A. by VV. V. his Attorney complains that the aforesaid T.G. I.P. and R.B. by Conspiracie forehad between them at C. aforesaid in the County of Lincoln aforesaid on Tuesday next before such a Feast such a year aforesaid the aforesaid A. together with E. P. lately of S. in the County aforesaid Gent. and the rest as before for that he the seventh day of October in the tenth year of the Reign of our Lord the King aforesaid with force and arms that is to say Swords Staves and Knives and other most hurtfull weapons at S. aforesaid in the County aforesaid the Close and House of R. B. did break and Enter And one Cart-load of Hay to the value of six shillings and eight pence of the 〈◊〉 and chattells of him the said R. B. then and there found rioâ—â—â—â— he took and carried away against the Peace of our said Lord the â—â—ng at C. aforesaid on Tuesday next before such a feast such a year aforesaid before W. Tirwhit R. Terwhit and W. H. Knights and their Companions Justices of our Lord the King for the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the parts of Lindsey in the County aforesaid committed to be Indicted and him the said A. upon that occasion on Wednesday next after Fifteen dayes of Easter in such a year at VVestminster in the County of Middlesex to be taken and in the Prison of the Marshall of our Lord the King in the Court of him the said Lord the King before him the said King had untill the same A. before H.C. and I.C. Justices of our Lord the King at the Assizes in the said County of Lincoln assigned to be taken on Friday the Feast of St. Anne last past at the Castle of Lincoln in the County aforesaid according to the Law and Custom of the Realm of our Lord the King of England he was thereof acquitted to be deteined falsly and maliciously at C. aforesaid they procured against the form of the provision aforesaid Whereupon he saith that he is damnified One of the Defendants Iustifies as a Counsellour at Law and the other as Witnesses to testifie a Riot before the justices of the Peace which is the same Conspiracie whereof c. and hath damage to the value of forty pounds And thereupon he brings his Sute c. And the aforesaid T.G. I.P. and R. B. by I. L. their Attorney come and defend the force and injury when c. And all Conspiracie c. And say that the aforesaid A.
ought not to have his action against them c. because by protestation they say that the aforesaid A. was never taken and deteined in Prison of the Marshalsee of our Lord the King before him the said King by reason of the Indictment aforesaid in manner and form as he above hath declared yet for Plea they say that long before the Conspiracie aforesaid supposed to be made the aforesaid E.P. I.G. T.C. T.S. and A.H. the aforesaid seventh day of October in the tenth year of our Lord the King that now is aforesaid by force and arms that is to say with Swords Staves and Knives at S. aforesaid in the aforesaid County of Lincoln the Close and House of the aforesaid R. B. they did break and enter and one Cart-load of Hay to the value of six shillings eight pence of the goods and chattels of him the said R. B. then and there found they riotously took and carried away And for that that the aforesaid A. P. was there present at S. aforesaid at the said time of the Riot and Trespasse aforesaid committed And in like manner that the common voice and fame was that the Riot and Trespass aforesaid was done and committed by the Command of the aforesaid A. and the aforesaid R. B. after the Riot and Trespass aforesaid committed and before the Conspiracie aforesaid supposed to be made came to the aforesaid T. G. unto B. in the County aforesaid for that the same T. G. was learned in the Law of 〈◊〉 Land And to him the said T. G. reported the whole matter 〈◊〉 Riot and Trespass aforesaid And prayed Counsell of him the 〈◊〉 T. what in that matter was fit to be done And the foresaid T. G. then and there demanded of the aforesaid R. B. whether he had any testimony of the Riot and Trespass aforesaid And the same R. R. said that the aforesaid I. P. was present at the same time of the Riot and Trespass aforesaid committed and knows to testifie all the premisses said by the said R. B. to be true By reason whereof they the same T. G. I. P. and R. B. had suspition that the aforesaid A. was guiltie of the Riot and Trespass aforesaid Upon which the same T.G. I.P. and R. B. after and before the time of the Conspiracie aforesaid supposed to be made at C. aforesaid in the County aforesaid had conference together of the Riot and Trespass aforesaid in form aforesaid committed and what was further more fit to be done for the punishment and reformation of the aforesaid Riot and Trespass Upon which the aforesaid T. G. then and there Counselled the aforesaid R. B. and I. P. that they should be at C. aforesaid in the County aforesaid at the next Generall Sessions of the Peace there to be held to shew the Justices of the Peace of our Lord the King of the Riot and Trespass aforesaid to that intention that the same Justices at the same Sessions of the Peace may be able to make Enquirie of the same Riot and Trespass amongst other things By which they the same R. B. and I. P. on the said Tuesday next before c. at C. aforesaid before W. Tirwhit R. Tirwhit and W. H. Knights and other Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanors in the parts of Lindsey in the County aforesaid committed they came and to the same Justices then and there in full Court sitting they gave information of the Riot and Trespass aforesaid And to them a certain Bill conâ—eining the Riot and Trespass aforesaid by the aforesaid A.E. I.G. T.E. T.S. c. committed then and there did exhibite and deliver which said Bill the aforesaid Justices of the Peace there to certain persons of the same County then and there to enquire of the Riot and Trespass aforesaid amongst other things there sworn they did deliver thereupon to declare the truth of the premisses And further the same R. B. and I. P. say that they before the aforesaid Justices at their Command were sworn to declare true information and evidence to the aforesaid Jurie to the matter conteined in that Bill By vertue whereof they the said R. B. and J. P. to the same Jurie of the Riot and Trespass aforesaid gave Evidence Which said Conference of the aforesaid T.G. R.B. and I.P. of the premisses in form aforesaid and the exhibition of the aforesaid Bill to the aforesaid Justices of the Peace as also the information and declaration of the Evidence aforesaid to the aforesaid Jury in form aforesaid are the same Conspiracie whereof the aforesaid A. P. now complains of And this c. whereupon he prayes Judgement whether the aforesaid A. should have his action c. And the aforesaid A. sayes that he by any thing The Plaintif replies that they Conspired of their proper injurie without any such cause c. ought not to be debarred c. because he saith that they the said T.G. R.B. and I. P. the aforesaid time of the Conspiracie aforesaid made of their proper injurie and malice and without such cause by them the said T. G. R. B. and I. P. above by pleading alleged him the said A. together with the aforesaid E. P. I. â— T.C. T.S. A.H. and E. P. of the Riot and Trespass aforesaid to be indicted and him the said A. upon the occasion to be taken and in Prison aforesaid to be deteined falsly and maliciously they procured in manner and form as the aforesaid A. above against them complaineth And this he prayeth may be Enquired of by the Countrey And the aforesaid T.G. R.B. and I. P. in like manner c. Therefore c. N. L. lately of Trucleston in the County aforesaid Knight Declaration in a Writ of Conspiracie upon the Statute of 8. Her 6. where one of the Defendants approves upon the Distringas and the other upon the attachment Mich. 15. Hen. 7. Roll. 35. in mony for many defaults c. the same N. and R. A. lately of I. in the Parish of H. Yeoman and I.S. lately of A. in the County aforesaid Yeoman and I.H. lately of M. in the County aforesaid Taylor were attached to answer aswell our Lord the King as Y. M. lately called T. M. of Westminster in the County of Middlesex Spinster of a Plea wherefore whereas in the Statute in the Parliament of our Lord Henry the sixth late King of England at Westminster in the eighth year of his Reign hold It is Ordeined and established that every of the Liege people of our Lord the King of treason felony or Trespass by any Indictment or appeal before Justices of the Peace or any other having power to take the same Indictments or Appeals or any Commissioners or Justices in any County Libertie or Franchise of England to be taken Indicted or appelled dwelling in any County other than where the same Indictment or appeal was taken and afterwards
peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours in the same County of S. on Monday next after such a Feast such a year at Winchester in the aforesaid County of S. to be Indicted and her upon that occasion such a day year and place to be taken and in the Prison of our Lord the King of his Gaol of Winchester Untill the same T. in the Court of our Lord the King before the beloved and faithfull of our said Lord the King T.VV. and R. R. Justices of the Assizes of our said Lord the King assigned to be taken in the County of S. by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius on Monday next after such a Feast such a year at Winchester taken according to the Law and custom of the Realm of our Lord the King of England thereupon he was there acquitted to be deteined falsly and maliciously they procured to the great damage of them the said T. M. and T. and against the form of the Ordinance in that case provided c. Whereupon they say that they are worsted and have damage to the value of 100. l. And thereupon they bring their sute c. One of the Defendants pleads not guilty and the other that at the time of the originall issuings c. he was inhabiting at Thrukleston and not at Truckleston and so not the same person And the aforesaid N. L. I. H. and I.VV. lately of I. c. by A.G. their Attorney come and defend the force and injury when c. And the aforesaid I. VV. and I. H. lately of I. say that they are in nothing guilty c. And upon this they puts themselves upon the Country c. And the aforesaid T. M. and D. in like manner c. And the aforesaid N. L. sayes that he the day of the issuing forth of the originall Writ of the aforesaid T. M. and T. was dwelling and conversant at Thruckleston in the County of S. without that that the same N. ever was dwelling oâ— conversant at Traxston as by the aforesaid Writ it is supposed and this he is ready to aver whereupon he prayes judgement of the Writ c. And the aforesaid T. M. and T. say that they by any thing by the aforesaid N. L. prealleged their Writ aforesaid ought not to be quashed because as to the Plea of the aforesaid N. L. in quashing of the Writ aforesaid above pleaded The same T.M. and T. say that the aforesaid Village of T. the said day of the obteining the originall Writ of them the said T. M. and T. to Wit the 6. day of January in the 9. year of the Reign of the King that now iâ— was known and called aswell by the name of the Viâ—lage of Truxston as by the Writ aforesaid is supposed as by the name of the Village of Truckleston and this they pray may be enquired of by the Country and the aforesaid N. in like manner Therefore the Jury thereupon is to come before our Lord the King from the day of St. Michael in fifteen dayes wheresoever of the Visonage of T. by whom c. And who neither c. to Recognize c. Because aswell c. The same day is given to the parties aforesaid now appearing c. ANd the aforesaid I. P. and W. by R. R. their Attorney come and defend the force and injury when Justification in Conspiracy for that the Defendant was one of the Jury with other Jurors before the Justices of the Peace at the Sessions c. And all Conspiracie and whatsoever c. And the aforesaid I. sayes that he is not guilty c. And of this he puts himself upon the Country and the aforesaid W. by Protestation acknowledging not any such Conspiracie as is above supposed But that the aforesaid R. ought not to have his action aforesaid against him because he sayes that at the time wherein the aforesaid R. supposeth himself in form aforesaid to be Indicted he then together with other Iurors by the Sheriff of the County aforesaid was impanelled and summoned to appear before the aforesaid late Iustices of the Peace at Norwich to doe there before the same Iustices of the Peace that which by the same Iustices on the behalf of our Lord the King should be enjoyned them by reason whereof he with other Iurors then and there before the same Iustices of the peace appeared and by the same Iustices of the Peace upon the book were sworn and changed by their oath to enquire for the King of all Felonies Trespasses and other articles in the Commission of our said late Lord the King Father of our Lord the King that now is to the aforesaid Iustices of the Peace directed conteined within the County aforesaid done or committed and he together with other Iurors before the aforesaid late Iustices of the Peace upon the book then sworn and charged him the said R. according to their conscience by form of Law of the Felonie in the Writ and Declaration above specified did Indict Which all and singular he is ready to aver Whereupon he expects not that the aforesaid R. ought not his action aforesaid for any Conspiracie in that Case to maintain against him c. And prayed judgement c. And the aforesaid R. sayes that he from his action of Conspiracie aforesaid against the aforesaid W. by any thing by him the said W. prealleged ought not to be debarred Because he saith that he the day and year c. in the Declaration above specified together with the aforesaid I. Conspired to Indict him the said R. of the Felony aforesaid Traverse in the form wherein he above by his Writ and Declaration supposeth Without that that there is had any such Record in which it is contained that he before the aforesaid Justices of the Peace together with other Jurors was sworn on him the said R. of the Felony aforesaid in form aforesaid as he above by pleading hath alleged and this he is ready to aver and for that he gain saith it not c. he prays judgment c. And the aforesaid W. by Rejoinder saith that there is had such a Record in which is contained that he before such and such late Justices of the Peace together with other Jurors was sworn and that they the aforesaid R. of the Felonies aforesaid in form aforesaid Indicted as he above by pleading hath alleged and this he avows in the Records in the Rolls of them the said late Iustices of the Peace under the custodie of the Iustices of the Peace of our Lord the King that now is in the County aforesaid reserved c. And the aforesaid R. in like manner c. Therefore as to that above of the issue pleaded above to be tryed Command is given to the Sheriff that he cause to come before our Lord the King in eight
that he had him now here ready upon which the same Defendant is Committed to the Prison c. by occasion of the Premisses to stay untill c. Commitment after Iudgement AFterwards to wit such a day then next following before c. Came the aforesaid I. in his proper person and rendred himself to the person of the Marshall of the Marshallsee of our Lord the King for the debt and damages aforesaid Upon which the same I. is committed to the Marshall of the Marshalsee c. in Execution for the debt and damages aforesaid There to remain untill c. ACTIONS OF ERROR ERROR AFterwards to wit such a day c. Error alleged in assault and batterie in the judgement that the Entrie was that the partie be taken when the cause of action was before a general Pardon in this self-same Term before our Lady the Queen at Westminster came the aforesaid Nicholas Stoddard by William Man his Attorney And sayes that in the Record and Processe aforesaid as also in the rendring of the judgement aforesaid it is manifestly Erroneous in this That whereas in every judgement Entred or to be Entred in Trespass and Assault after the generall pardon of our Lady the Queen that now is by Act of Parliament of Trespass and assault made before the same act of Parliament the judgements so Entred and to be Entred ought to be Entred And nothing of fine of the aforesaid Defendant because he is pardoned and not that he should be taken yet after the generall Pardon of our Lady the Queen that now is had and Enacted in the Parliament of our Lady the Queen that now is at Westminster in the County of Middlesex the twenty fifth day of October in the thirty ninth year of the Reign of our Lady the Queen that now is the Judgement aforesaid was Entred against the aforesaid Nicholas in the Plea aforesaid that he the said Nicholas should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid in the Record aforesaid specified which was long before the aforesaid act of Parliament of the generall Pardon aforesaid And so that Judgement is void in Law Also it is Erronious in this for that whereas the aforesaid John S. the aforesaid Term of Easter Error also for want of admission by Procâ—â—in amy the partie being within age in the aforesaid forty first year of the Reign of the Queen had prosecuted by John Mallows and William Evoring as the next kinsmen of him the said John yet there is not had any Record of the admission of the aforesaid I. S. being an Infant in form aforesaid to prosecute the Plea aforesaid by his next kinsmen aforesaid under the names of any of the Prothonotaries of the Common Bench Entred as by the Law and Custom of the Court of our Lady the Queen of Common Bench aforesaid it ought to be Entred And prayes a Writ of our Lady the Queen to the aforesaid Edmond Anderson Knight Chief Justice of our Lady the Queen of the Common to whom it belongs to make Certificates in that behalf to certifie our Lady the Queen thereupon more fully the truth And it is granted unto him c. By which it is Commanded the aforesaid E. Anderson Chief Justice of the Bench aforesaid That having searched the Rolls Certiorare to the Chief Justice awarded to certifie c. under the names in the Offices of the Prothonotaries aforesaid of the admission of Infants to prosecute by their next kinsmen of the Term and year aforesaid And what of the admission aforesaid in the same he shall find he should certifie forthwith to our Lady the Queen wheresoever c. together with the Writ to him directed The Certificate of the Chief Justice c. Which said Chief Iustice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon directed certified to her the said Lady the Queen that having searched the Rolls of the Entries of every of the Prothonotaries aforesaid in the aforesaid County of Suffolk of the Term and year aforesaid in his Custody of Record remaining he found not in the same any Entrie of the admission of the aforesaid I. S. to prosecute by I. M. and W. E. the next kinsmen of him the said I. being within age against the aforesaid N. S. of the aforesaid Plea as by the aforesaid Writ it was Commanded unto him which said Writ is Filed amongst the Records without day of this Term Upon which the aforesaid N. S. prayes a Writ of our Lady the Queen to warn the aforesaid I. S. of being before our Lady the Queen to hear the Record and Processe aforesaid And it is granted unto him c. By which it is Commanded to the Sheriff that by honest men c. he make known to the aforesaid I. S. that he be before our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. to hear the Record and Processe aforesaid if c. And further c. The same day is given to the aforesaid N. S. c. Denâ—rrer in Law to the first matter of the Errors And the aforesaid I. S. by T. Bland his Attorney comes and as to the aforesaid first matter by the aforesaid Nicholas above for Error in form aforesaid assigned For that that after the Generall Pardon of our said Lady the Queen that now is had and enacted in the aforesaid Parliament of our Lady the Queen that now is at Westminster aforesaid the aforesaid twenty fifth day of October in the thirty ninth year of her Reign aforesaid the judgement aforesaid was entred against the aforesaid N. in the Plea aforesaid that he the same N. should be taken for the Trespass and Assault aforesaid made the aforesaid tenth day of September in the thirty seventh year aforesaid which was long before the aforesaid Act of Parliament of Generall pardon aforesaid The same I. by Protestation that that matter for that Error in form aforesaid assigned is insufficient in the Law to maintain the aforesaid Writ of Error of him the said N. in that behalfe To the which he the said I. hath no necessitie nor by the Law of the Land is bound in any manner to rejoyn for Plea yet he saith that in the aforesaid Court of Bench aforesaid there is had The Custom of the Common Bench alleged for the manner of Entring judgment in the Case and time out of mind there hath been had such a Custom used and approved That is to say that the Clerks of the same Court who for the time being are assigned and allowed to enter and Record any Iudgements in the same Court from time to time rendred and to be rendred were used and accustomed in the Entries of the Rolls and Records of the same Court of the Judgements rendred in the same Court upon any action of Trespass against the Defendant
Lady Elizabeth are Queen of England at Westminster the 23. day of November in the 27. year of her Reign held and published from the aforesaid Court of our Lord the King that now is here before him the said King were transmitted And the aforesaid T. S. E. and T. Fen in the same Court of the Exchequer Chamber aforesaid have assigned divers matters for Errors in the Record and Process aforesaid for revoking and annihilating of the judgement aforesaid to which the same E. and R. in the same Court appearing pleaded that neither in the Record nor Process aforesaid nor in the rendring the judgment aforesaid there was in any thing Error Afterwards to wit on Saturday the 9. day of Pebruary in the aforesaid second year of our said Lord the King in the same Court of Exchequer Chamber aforesaid the premises being seen and by the Court of our Lord the King here diligently examined and fully understood Aswell the Record and Process aforesaid and the judgement aforesaid upon the same rendred as the aforesaid causes of Errors aforesaid by the aforesaid T. S. E. and T. F. above alleged and assigned For that that it seems to the Court here that the Record aforesaid is in nothing vitious and defective And that the Record aforesaid was in nothing Erronious Therefore it was considered if that the judgement aforesaid in all things be affirmed and continue in all his force strength and effect notwithstanding in any thing the said causes of Error above assigned and alleged And further it was considered of in the Exchequer Chamber aforesaid that the aforesaid E. R. should recover against the aforesaid T. S. E. and T. F. 100. s. to them the said E. and R. of their assent by the Exchequer Chamber aforesaid adjudged according to the form of the Statute thereupon published and provided for the damages costs and charges which they had by delay of the Execution of the judgement aforesaid by reason of the prosecution of the aforesaid Writ of Error And thereupon the Record and Process before the aforesaid Justices of the common Bench and Barons of the Exchequer aforesaid in the premises had They the same Justices of the Common Bench and Barons of the Exchequer aforesaid before our said Lord the King wheresoever c. they remit according to the form of the Statute aforesaid which to the said Court of our Lord the King now reciding c. ACTIONS OF ESCAPE ESCAPE R L. Executrix of the testament Escape against a Sheriff upon an Arrest upon a Bill of Middlesex c. complains of S. S. and H. C. lately Sheriffs of the County of Middlesex in the Custodie of the Marshall c. For that that is to say whereas one G. S. of c. such a day and year at London in the Parish c. by his certain writing obligatory with the Seal of him the said G. sealed and in due manner made bearing date the same day and year acknowledged himself to be bound and firmly obliged to the aforesaid I. in his life time in 20. s. of lawfull mony of England to be payd to him the said I. when he should be thereunto required with a condition thereupon indorsed for true payment of 12. s. of like mony c. upon the day of the Feast of the Ascension of our Lord then next following which said 12. s. the aforesaid G. to the aforesaid I. in his life time or to the aforesaid R. after his the said I. his death he hath not paye but the aforesaid G. forfeited the aforesaid 20. s. to the aforesaid I. in the writing obligatory conteined For the more speedy recovery of which said sum of 20. â— the aforesaid R. after the death of the aforesaid I. her Husband to wit in the Term of Easter in the 27. year of the Reign of our Lady the Queen that now is before her the said Lady the Queen at Westminster had come and obteined out of the same Court of the Lady the Queen before her the said Queen a certain precept of her the said Lady the Queen directed to the then Sheriffs of the aforesaid County of Middlesex By which it was commanded to them the said then Sheriffs that they should take the aforesaid G. if c. And safely c. So that they might have his body before our Lady the Queen at Westminster on Friday next after the morrow of the holy Trinity then next following to answer the aforesaid R. of a Plea of Trespass And that they should have there then that Precept to that intent that the same R. as executrix of the testament of the aforesaid l. in the same Court of our Lady the Queen here might declare and prosecute her Bill against the aforesaid G. for the debt aforesaid by the aforesaid writing obligatory done which said Precept the aforesaid R. afterwards to wit such a day and year and place delivered the aforesaid Sheriffs in form of Law to be executed by force of which said precept the aforesaid S. S. and H. B. then Sheriffs of the aforesaid County of Middlesex afterwards and before the return of the same to wit such a day and year at I. in the aforesaid County of Middlesex took and arrested the aforesaid G. And him the said G. under their safe custodie then and there had and deteyned And he the said G. being so in custody of them the said late Sheriffs They the said late Sheriffs afterwards to wit the aforesaid such a day and year led the aforesaid G. unto the City of London And him there so negligently kept that the same G. afterwards to wit the same such a day and year at London in the Parish and Ward aforesaid from the custody of them the said late Sheriffs did goe away and Escape And they the said late Sheriffs him the said G. to go at large whithersoever he would they did permit the aforesaid R. of the aforesaid 20. s. then and as yet being in no wise satisfied And the said G. being so gone away Escaped and permitted to goe at large from the custody of them the aforesaid late Sheriffs as aforesaid the same G. kept himself so secretly and privately that she the said R. could not procure any Writs or precepts to be served upon the aforesaid G. for the recovery of her debt aforesaid By which the same R. sayes that she hath not only Expended lost and let goe divers great Expences and Charges in and about the aforesaid Arrest of the aforesaid G. but also remains totally frustrate of all other remedy for the recovery of the debt aforesaid whereupon she saith that she is worsted and hath damage to the value of 40. s. And thereupon she brings her sute c. And she brings here into Court the Letters testamentary c. The Defendants plead they did make the Arrest And the aforesaid S. H. by T.B. their Attorney come and defend the force and injury when c. And say that the
so being seized the same R. of such his Estate before the said time in which c. dyed thereof seized after the death of which said R. the said Tenements with th' appurtenances descended unto one Matild as Daughter and Heir of the said R. by which the same Matild into the same Tenements with th' appurtenances entred and was thereof seized in her Demesn as of Fee according to the Custom of the said Mannor and so thereof seized the same Matild before the said time in which c. took to Husband the said I. M. by which they the said I. and Matilda were of the same Tenements with th' appurtenances seized in their Demesn as of Fee according to the Custom of the said Mannor Colour by demise by Copy of Court-Roll in the right of the said M. And the said I. S. claiming the said Tenements with th' appurtenances by Colour of a certain Deed of Demise to him thereof made by the said late Earl in his life long before the said Demise of the said Tenements with th' appurtenances unto the aforesaid R. M. in form aforesaid made where nothing of the said Tenements into the possession of him the said I. S. by that Deed ever passed into the said Tenements with th' appurtenances entred Upon the possession of which said I. S. the same I. M. in the right of the said M. his Wife afterwards that is to say at the same time in which c. into the said Tenements with th' appurtenances re-entred and the said Close and House as the proper Close and House of them the said I. M. and M. did break and the said Grass as the proper Grass of the said I.M. and M. with the said Cattell did eat up tread and consume as to him it was lawfull The form of Pleading where Land is granted by Copy of Court-Roll to him and his And further the same I. M. saith in fact that within the said Mannor it hath and from the time the Contrary of which the memory c. it had such Custom that is to say that all Tenants of any Lands and Tenements within the said Mannor having and holding the same Lands or Tenements as of the said Mannor by Copy of Court-Roll by these words in the same Copies that is to say To have to him and his according to the Custom of the said Mannor they shall have an estate in the same Lands and Tenements with th' appurtenances in Fee-Simple according to the Custom of the said Mannor And this c. And whereupon c. And the said I. S. saith that he by any matter c. not to be precluded because he saith that well and true it is that the said late Earl of Ormond was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and so thereof dyed seized after the death of which said Earl the said Tenements with th' appurtenances Discent descended unto the aforesaid I. S. as to the Cosin and Heir of the said late Earl that is to say as Son and Heir of George as Son and Heir of Anne Daughter and Heir of the said Earl by which the said I. S. before the said time of the said Trespass done into the said Mannor with th' appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee untill the said I. M. at the said time in which c. into the said Tenements with th' appurtenances entred and the said Close and House then and there did break and the said grass then and there growing with the said Cattell did eat up tread and consume in manner and form as the said I. S. before Without this himself now Complaineth Without this that the said Tenement with th' appurtenances are and from the time the contrary of which the memory of man doth not remain were Customary Lands and Tenements and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in pleading hath alleged And this c. Whereupon from what the said I. M. of the said Trespass before acknowledgeth prayeth Judgement and his Damages by occasion of the said Trespass to be adjudged unto him c. And the said I. M. as before saith that the said Tenements with th' appurtenances are and from the time the Contrary of which the memory of men doth not remain were Customary Tenements and Lands and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in Pleading hath alleged And of this he putteth himself upon the Countrey And the said I. S. likewise c. Therefore c. I. I. lately of c. and B. P. lately of Declaration in Trespass and false imprisonment c. were attached to answer W. N. of a Plea wherefore by force and arms him the said W. at London they took imprisoned and evill handled and him there so in prison against the Law and Custome of the Realm of our Lady the Queen that now is they long deteyned and other harms to him they did to the great Damage of him the said W. and against the Peace of our Lady the Queen c. And whereupon the same W. by I. W. his Attorney complaines that the aforesaid I. and B. such a day and year by force and arms that is to say with Clubs and Knives him the said W. at London c. they took imprisoned and evill handled And him there in Prison against the Law and Custom of the Realm of our Lady the Queen that now is they long that is to say for the space of thirty dayes they deteined And other harms c. To the great Damage c. And against the Peace c. Whereupon he saith he is worsted and hath Damage to the value of 300. pounds And thereupon he brings his Sute c. To this Declaration above the Defendants plead specially the Charter of the Universitie and that they were Proctors And that the Plaintif was fined for ingrossing and forestalling c. And this in the Chancellours Court in Cambridge and so justifie the taking of him for the Fine and to this the Plaintif Demurs and the Defendants joyn in Demurrer At which day here came aswell the aforesaid W. as the aforesaid I and B. by their Attorneys aforesaid The Demurrer adjudged good and a Writ of Enquirie of Damage awarded And upon this the aforesaid Plea of the aforesaid I. and B. above in Bar pleaded being seen and by the Justices here fully understood it seems to the same Justices here that that Plea in the manner and form aforesaid pleaded and the matter conteined in the same is insufficient in the Law to debar him the said W. from having his Action aforesaid against the aforesaid I. and B. For which the aforesaid Plaintif ought to recover his Damages by occasion of the Trespass aforesaid against the aforesaid
thing pre-alledged ought not to bee debarred from having his action aforesaid of the breach of the house aforesaid against the aforesaid Defendant because he saith that the same Defendant of his owne proper injury the said time wherein c. by force and armes aforesaid the house aforesaid he did in manner and form as the same Plaintiffe above against him complaineth Without that that the same Plaintiffe licensed the aforesaid Defendant to enter the house aforesaid Traverse as the same Defendant above by pleading hath alledged And this c. Whereupon for that the same Defendant the Trespasse aforesaid above acknowledgeth he prayeth judgement and his Damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid Defendant as formerly saith Issue upon the Traverse that the aforesaid Plaintiffe licensed him the said Defendant to enter into the house aforesaid in the forme wherein he the Defendant above by pleading hath alleadged And of this he puts himselfe upon the Country And the aforesaid Plaintiffe in like manner c. Therefore the Jury is to come between them c. AND the aforesaid R.P. and I.R. by L.S. their Attorney come and defend the force and injury when c. Iustification for that the Plaintiffe was suspected for a Felâ—â— And as to the coming by force and armes and whatsoever which is against the peace of our Lord the King that now is as also the Trespasse aforesaid of woundings supposed to be made sayes that he is in nothing thereof guilty And as to the residue of the Trespasse aforesaid above supposed to be done the same R. and I. say that the aforesaid W. ought not to have his action aforesaid against them because they say that long before the said time wherein the trespasse aforesaid was supposed to be made to wit the tenth day of January in the eighth yeare of the reigne of our Lord the King that now is one I.S. at Norwich aforesaid in his house there was feloniously spoiled and robbed of two silver Spoons to the value of 10 s. And that the aforesaid W. divers daies and times before the felony aforesaid made frequented the house of him the said I.S. aforesaid suspiciously without any reasonable cause there to be had And that the aforesaid W. R. the said time of the felony aforesaid done was in the house of the aforesaid I.S. by which the same R. and I.R. had suspicion the aforesaid W.R. to have committed the felony aforesaid And that the aforesaid R. and I.R. the same time wherein c. being then Sheriffes of the City aforesaid softly laid their hands upon him the said W.R. the same time wherein c. And the same W. R. for suspicion of the Felony aforesaid the same time wherein c. they tooke and him the said W. to the Goale of our Lord the King within the City aforesaid there to be safely kept for the same Felony the said time wherein c. they lead and imprisoned as it was lawfull for them to doe which said softly laying on of their hands of them the said R. and I.R. upon the aforesaid W.R. and the taking of him the said W. R. and the leading and imprisoning of him out of the cause aforesaid are the same assault beating and imprisonment whereof the aforesaid W.R. above complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid W.R. ought to have his action aforesaid against them c. AND the aforesaid Plaintiffe sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid against them because he saith that the aforesaid R. and I. R the day and yeare aforesaid of his own proper injury by force and armes without any such cause by them the said R. and I.R. above by pleading alleadged on him the said W.R. at Norwich aforesaid they made an assault and him did beate wound imprison and evill intreate in the manner and forme as the aforesaid W.R. above against them complaineth And this he prayeth may be enquired of by the Country c. Iustification upon imprisonment and assault by vertue of a Warrant of the Peace Mich. 8. Hen. 8. Rolle 77. Staff ss AND the aforesaid H.W. by W.F. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes or whatsoever is against the peace c. not guilty and as to the residue of the Trespasse aforesaid above supposed to be done the same H. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that long before the said time wherein the trespasse aforesaid was supposed to be done on I.W. at Stafford in the County aforesaid came before R W. then one of the Justices of the Peace of our Lord the King assigned in the County aforesaid to be kept and there tooke his corporall oath that he grievously and manifestly went in danger of his life and maiming of his members by the aforesaid R.C. By which he the same I.W. long before the said time wherein c. at Stafford aforesaid at the Petition of the aforesaid I.W. directed a certaine precept of our Lord the King to the aforesaid H. W. then being Bailiffe of R. and to the Constable of R. aforesaid and to either of them joyntly and divided commanding them by that precept that they cause to come the aforesaid R. C. before the aforesaid R. W. or one of his Companions Justices of the peace of our Lord the King in the County aforesaid to find sufficient security of the peace of our Lord the King towards the Lord the King and all his people and cheifly against the aforesaid H.W. to be given And if the same R.C. should refuse to doe this then the same H. and the aforesaid Constable the same R.C. unto the next Goale of our Lord the King in the County aforesaid should cause to bee led or one of them should cause to be led there to stay untill he would freely doe this By reason of which precept the aforesaid H.W. before the said time wherein c. did repair to the aforesaid R.C. at R. aforesaid and shewed to the aforesaid R.C. there the precept aforesaid then and there further requiring the same R. to find before the said R. W. or one of his companions Justices of the peace of our Lord the King in the County aforesaid then being to find security for bearing the peace of our Lord the King in form aforesaid and the same R. this to do then at R. aforesaid upon which the same A.W. him the said R. then and there the said time wherein c. arrested and him in bringing towards the prison of our Lord the King at the Castle of Stafford in the County aforesaid imprisoned by the time aforesaid and his hands upon him the said R. in that arresting and leading did softly lay as it was lawful for him
to do which said arrest and leading to the prison aforesaid and laying hands upon him the said H. are the same taking imprisoning and ill handling whereof the aforesaid R. above complaines And this c. whereupon he prayes judgement whether the action c. AND the aforesaid R. saies that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the said H. W. Because by protestation not acknowledging any thing by the aforesaid H. above alleadged to be true for plea he saith The Plaintiffe replies that he offered security that he before the time of the Trespasse aforesaid made and the time wherein c. offered the aforesaid H. to finde sufficient security before T. Partridge then one of the Justices of the peace of our Lord the King for the same County assigned to be kept according to the form of the aforesaid precept by the said I.W. to him directed which to doe the same H. refused Without that that the same R.C. refused to come before the Justices of the Peace in manner and form as the aforesaid H. hath above alleadged Traverse the denying to come before the Iustices And this c. whereupon for that the aforesaid H. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid H sayes Issue upon the Traverse that the aforesaid R. refused to come before the Justices of our Lord the King to find sufficient security in manner and forme as the same H. above hath alleadged and of this he puts himselfe upon the Country And the aforesaid R.C. in like manner c. Justification by vertue of a common Watch according to the forme of the Statute of Winchester AND the aforesaid G. by I.W. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and whatsoever is against the peace of our Lord the King as also the whole Trespasse aforesaid besides the assault and imprisonment above supposed to be made sayes that hee is not guilty c. And as to the assault and imprisonment supposed to be made the same G. sayes that the aforesaid T. ought not thereupon to have his action aforesaid against him because he saith that in the Statute in the Parliament of Edward the first late King of England Progenitor of our Lord the King that now is at Winchester in the thirtieth yeare of his Reigne held published amongst other things It was ordained and established that watches should be made as more anciently they were wont to be that is to say from the day of the Ascension of our Lord unto the feast of St. Michael the Arch-angel that is to say in each City by six men at each Gate of the same and in every Town by twelve men and in every entire Village by six or foure men according to the number of the people inhabiting in them And that the Watches should be kept by the whole night from the Sun-set to the rising of the Sun so that if any stranger should make his journey through them he should be arrested until the morning following And if no suspicion should be then found of him that then hee should from thence goe quit as in the same Statute more fully is contained And further the same G. sayes that he at the time of the Trespasse aforesaid above supposed to be made was dwelling in the said Village of W. together with other the inhabitants his neighbours about him in the same Village were assigned to keep the Watches there and sayes that the aforesaid T. the time of the Trespasse aforesaid supposed to be made to wit such a day year and place came suspiciously to the Village aforesaid after Sun-set and before the rising of the same that is to say about the houre of eleven in the same night By which the same G. then came to the aforesaid T. and him at the same time wherein c. he arrested and detained him with him untill the morning following and compelled him to stay there according to the forme of the Statute aforesaid as it was lawfull for him to doe which said coming unto and detention by the cause aforesaid in form aforesaid is the same assault and imprisonment whereof the aforesaid T. above now complaineth And this he is ready to aver VVhereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against him c. Middlesex AND the aforesaid C. Crips Iustification by a Constable for taking a Where Mich. 2. Hen. 8. Rot. 103. and E. by T.R. their Attorney come and defend the force and injury when c. And as to the coming by force and armes And whatsoever which is against the peace c. as also the whole Trespasse aforesaid besides the assault beating evill handling and imprisonment by the space aforesaid supposed to be made the same C. and E. say that they are in nothing thereof guilty c. And as to the assault beating evill handling and imprisonment the same E. and C. say that the aforesaid M. ought not to have her action aforesaid against them because they say that the aforesaid M. long before the said time of the Trespasse aforesaid supposed to be made was a publick notorious and common Whore and had carnall knowledge with many and divers common men unknowne to him the said C. at many and divers times And the same C. and E. say that at the time wherein the Trespasse aforesaid was supposed to be made and long before the same C. was Constable of our Lord the King in the aforesaid Parish of St. Andrews and that before the said time of the Trespasse aforesaid supposed to bee done was given to understand by certaine of his neighbours very carefull of keeping the peace of our Lord the King and willing to avoid ill government he being then Constable of our Lord the King as aforesaid that the aforesaid M. at the aforesaid Parish of St. Andrews then lay and lodged in bed with a certaine man unknowne to the same neighbours and also that divers loose men and vagabonds and very many unknowne persons made many brawlings scoldings cryings out uproars there between themselves and strove together which of them should first have the carnall knowledge of her the said M. and should then use her as their Whore By reason of which information he the said C. then there being Constable as he was by oath bound for the preservation of the peace of our Lord the King and the avoyding of the premises and the ill government aforesaid repaired to a place in the Parish aforesaid where then the aforesaid M. and other the men vagabonds aforesaid then were supposed to be as to see if the same M. and the rest of the aforesaid men vagabonds behaved themselves there as hee was given to understand the aforesaid time wherein the
Trespasse aforesaid was supposed to be done And the aforesaid Vagabonds perceiving afarre off the coming of him the said C. then being Constable before he could approach unto them they fled away so that the said C. could not arrest them but the aforesaid M. with a certain man to whom unknown in bed there the aforesaid time wherein the Trespasse aforesaid was supposed to be done he found lying like a whore at the Parish aforesaid And because the same M. behaved her selfe then and sometimes before so evilly and for that cause very many evill persons and disturbers of the peace of our Lord the King there had often disturbed the Constable and very many of the neighbours there And she the said M. although oftentimes thereupon then and before to desist from the premises by him the said Constable had been required would not reforme or justifie herself thereupon neither by the law of God nor the King by which the same C. then being Constable of our Lord the King and the aforesaid E. with the same C. her husband by his command coming to his help their hands upon the aforesaid M. there so lodging in bed with the aforesaid unknowne man softly laid hand on and took her from that bed and her the said M. as well for her punishment as to the terrour of other the like whores whereas by the consideration and distinction of him the said C. then and there in the Stocks according to the Law of the Land they put and kept by the space aforesaid as it was lawfull for them to doe which said laying on of their hands of them the said C. and E. on the aforesaid M. and the taking out of the bed aforesaid as also the putting into the Stocks of the said M. are the aforesaid assault beating evill handling and imprisonment whereof the aforesaid M. by her bill above against them complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid M. ought to have or maintaine her action aforesaid in this behalfe against them c. The Plaintiffe replies that it was done of their proper injury without any such cause AND the aforesaid M. sayes that shee by any thing before pre-alledged ought not to be debarred from having her action aforesaid against them the said C. and E. of the aforesaid assault beating evill handling and imprisonment because she saith that the aforesaid C. and E. the day and yeare above written by force and armes aforesaid of their proper injury without such cause by them the said C. and E. above alleadged on her the said M. at the aforesaid Parish of St. Andrews they made an assault and so did wound evill intreat and imprison by the space aforesaid in manner and forme as shee the same M. above against them complaineth And this shee prayes may be enquired of by the Country And the aforesaid C. and E. in like manner c. Iustification of an imprisonment by vertue of the Statute of Vagrants and Vagabonds of Rich. the second the 7. year of his reign Hil. 34. Hen. 8. Rolle 60. AND the aforesaid I.H. in his proper person comes and defends the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the Imprisonment of the aforesaid R.S. the same I. H. sayes that he is not guilty c. And as to the Imprisonment of the aforesaid R. the same I. H. sayes that the aforesaid R. ought not thereupon to have his action aforesaid against him because he saith that by the Statute of the Lord the King Richard the second late King of England at Westminster in the seventh yeare of his reigne by authority of the same Parliament amongst other things it was Enacted that all and singular Bailiffes of Liberties Constables and other Officers of Villages where Vagrants and Vagabonds frequent should have power diligently to examine them and of compelling them to finde sufficient pledges by sufficient manucaptors for their good behaviours And that if default be made in those Vagrants and Vagabonds and that they cannot finde pledges that then it shall be very lawfull for the aforesaid Bailiffes of Liberties Constables and other Officers of Villages the same Vagrants and Vagabonds to commit to the next Goale of our Lord the King within the County aforesaid where such Vagrants and Vagabonds frequent there to remain til the coming of the Justices of our Lord the King for the Goal Delivery within that County where such Vagrants and Vagabonds are imprisoned and that the same Justices shall doe with these Vagrants and Vagabonds as to them shall seem expedient And the same I. sayes that he at the aforesaid time of the Imprisonment aforesaid above supposed to be made was Bayliffe of our Lord the King of St. Edmonds Bury aforesaid And for that that the same I. the aforesaid time of the imprisonment aforesaid above supposed to be made found the same R. a Vagrant and Vagabond at and within the Village of St. Edmonds Bury frequenting The same I. being then Bayliffe of the Liberty aforesaid according to the forme of the Statute aforesaid the aforesaid R. then and there did diligently examine And as well for that upon the examination of the aforesaid R. it did sufficiently appear to him the said I. the said R. to be a Vagrant and Vagabond as for that that the same R. the same time wherein c. could not finde pledges and sufficient Manucaptors for his good behaviour according to the forme of the Statute aforesaid The same I. as Bayliffe of our Lord the King of the Liberty aforesaid according to the form of that Statute the aforesaid R. the aforesaid time wherein c. to the aforesaid Goale of our Lord the King of St. Edmunds Bury aforesaid he did commit there to remaine untill c. which said Goale is the next Goale of our Lord the King near the aforesaid Village of St. Edmunds Bury aforesaid which is the same Imprisonment of the aforesaid R. whereof the same R. above now complaineth And this he is ready to aver whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid in this behalfe against him c. The Plaintiffe sayes that he dwels in the County of W. his Trade there exercising AND the aforesaid R. sayes that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid I. because he saith that he the aforesaid time of the imprisonment aforesaid above made was dwelling conversant and Inhabiting at W. in the County aforesaid daily exercising the art called a Taylors craft Traverses the being a Vagrant Without that that the same R. the aforesaid time of the Imprisonment aforesaid above made was a Vagrant and Vagabond in manner and forme wherein the same I. in his bar by pleading above hath alleadged And this he is ready to averre whereupon for that
of the peace of our Lord the King in the County aforesaid assigned to be kept came the same W. S. then and there before the same Earle having taken his corporall oath upon the holy Evangelist that he the same W. S. damage and corporall hurt to him the said W.S. by him the said W. C. and his companions upon him the said W. S. to be brought he did grievously dread and feare the same W.S. then and there supplicating that the same Earle him the said W. C. might be bound to put in sufficient security of the peace keeping towards him the said W.S. and all and every the leige people of the Kings one in form of law by pretext whereof the same Earl a certain warrant under his scale to the Constable and Bailiffes of the Hundred of M. as also to R.N.H.H. and T.F. directed he made and delivered commanding them the said Constable and Bayliffes and the aforesaid R.H. and T. joyntly and severally by the same warrant on the behalfe of our Lord the King commanding them that the same Constables Bayliffes R.I. c. and every one of them that they should cause to come the aforesaid W.C. before the aforesaid Earle or any other Justice of the peace of our Lord the King in the aforesaid County of S. assigned to be kept immediately for the finding sufficient security of the peace in forme aforesaid And if the same W.C. so to doe should refuse then the same Constables Bayliffes and the aforesaid R.I. c. or either of them the same R. C. should cause to be brought to the Goale of our Lord the King of Y. in the same County of D. by force of that warrant there to stay until the aforesaid WC should find the security aforesaid according to what law requires in that behalfe By which meanes the same R. carrying with him the warrant aforesaid to him the said W. C. at H. aforesaid the same day the Trespasse aforesaid was supposed to be made And to him the said W. of the same warrant and of the matter and effect of the same warrant then and there before the same assault made gave notice by vertue of the same warrant then and there requiring the same W.C. that he the said W.C. before the said Earle or other Justice of peace of our said Lord the King assigned to be kept in the same County to find sufficient security of the peace in forme aforesaid together with him the said R. he would goe which said W. C. to doe this then and there refused for which cause the same R. him the said W.C. then would have taken and arrested but the same W.C. would not stay nor obey that arrest but at the same arrest then and there drew his sword and also what in him lay offered to rescue himselfe from that arrest By which the aforesaid R. and N. and the aforesaid VV.S. as the servant of him the said R. and by his command at the time of the Trespasse aforesaid above supposed to be made by laying their hands upon him the said VV. C. and compelling him the said VV. C. to stand to that arrest him the said VV. C. then and there they took and arrested as it was lawfull for them to doe which said laying on of hands out of the cause aforesaid is the same assault whereof the same VV.C. above against him complaineth And this he is ready to averre whereupon he prayes judgement whether the aforesaid VV. C. ought in this behalfe to have his action aforesaid against him c. AND the aforesaid W.C. not acknowledging any thing by the aforesaid W.S. before alleadged to be true sayes that he by any thing therein before alleadged ought not to be debarred from having his action aforesaid because hee saith that the aforesaid W.S. by force and armes of his owne proper injury on him the said W.C. did make an assault and him did beate wound and evill handle in manner and form as he the said W.C. above by his bill hath declared Traverses the notice of the Warrant Without that that the same R. to him the said W.C. of the warrant aforesaid or of the matter and effect of the same warrant before the time of the Trespasse aforesaid made did give notice as the aforesaid W.S. above by pleading hath alledged And this he is ready to averre whereupon for that the aforesaid W.S. the Trespasse and Battery aforesaid above acknowledgeth he the said W.C. prayeth judgment and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid W.S. sayes Issue upon the Traverse that the aforesaid R. to him the said W.C. of the Warrant aforesaid and of the matter and effect of the same Warrant long before the time of the Trespasse aforesaid supposed to be made did give notice in manner and forme as he the said W. S. above by his pleading hath alleadged And of this hee puts himselfe upon the Country And the aforesaid W. C. in like manner c. Middlesex R.M. complaines of I. H. in the custody of the Marshall Declaration in assault and battery c. for that he such a day and year by force and armes on him the said R. at Westminster in the County aforesaid hee made an assault and him the said R. then there beat wounded evil handled so that of his life he did despair and also so grievous a wound upon the upper part of the left shoulder of him the said R. then and there put on him so that the same R. by reason of the extraordinary effusion of blood out of the same wound flowing and arising fell into great sicknesses and weaknesses of his body then and there and stood in great danger of losing of his life by reason thereof for a great time that is to say for the space of one month then next following As also divers great summes of mony for his healing and curing there in that behalfe to lay out and spend then and there was forced and compelled And divers difficult businesse of him the said R. then to be done and finished by the aforesaid space of one month remained undone And other harmes c. Against the peace c. to the damage c. AND the aforesaid I. H. by W. Astrie his Attorney comes and defends the force and injury when c. Concord pleaded And as to the coming by force and armes c. sayes that he is in nothing thereof guilty c. And as to the residue c. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that after the aforesaid time wherein the Trespasse aforesaid was supposed to be made to wit such a day and year I.E. in the County of Norfolk there was such an agreement had between the aforesaid R. and him the said J. to wit that he the said I. should give to the aforesaid R. one Gallon of Sack in recompence and
I. and B. But because it is not known to the Justices here what Damages the aforesaid W. hath susteined aswell by occasion of the Trespass aforesaid as for his Costs and Charges by him about his Sute in that behalf layd out c. Command is given to the Sheriff that by the Oath c. And the Inquisition which c. the Sheriff is to make appear here in eight dayes of St. Hillary under the Seal c. and the Seals c. At which day here came the aforesaid W. by his Attorney aforesaid And the Sheriffs to wit Humphrey Weld and Roger Clark now here Retorned a certain Inquisition taken before them at Guild-hall in the Citie of London situate in the Parish of Saint Lawrence in the Old Jury in the VVard of Cheap London the twenty sixth day of Aprill last past by the oath of twelve honest men c. by which it remains found that the aforesaid W. hath susteined Damage by occasion of the Trespass aforesaid over and above his Costs and Charges by him about his Sute in that behalf layed out to Fourty pounds and for those Costs and Charges to twenty six shillings and 8. pence Therefore it is considered that the aforesaid W. should recover against the aforesaid I. and B. his Damages c. Declaration in Trespass with a Continuance ss R. A. Complains of I. H. in the Custody of the Marshall of the Marshalsees c. for that that he the said I. the first day of October in the ninth year of the Reign of our Lord King James that now is by force and arms c. the Close of him the said R. called E. Conteining by estimation three acres lying and being in B. in the County aforesaid he did break and enter And his grasse there to the value of five pounds there then growing with walking up and down with his feet he did tread down and consume And other of his grass to the value of forty shillings there then likewise growing to the value of forty shillings with his Cattell that is to say with Horses Oxen Cows Hogs and Sheep he did eat up tread down and consume The Trespass aforesaid as to the treading down and consuming the grass aforesaid walking with his feet from the aforesaid first day of October in the ninth year aforesaid unto the day of the obtaining of this Bill to wit the ninth day of October in the ninth year aforesaid by divers dayes and seasons continuing And other harms to him he then and there did against the Peace of our said Lord the King that now is and to the Damage of him the said R. of ten pounds And thereupon he brings his Sute c. ANd they the said T N and J by H F Justification in trespass for that the tenâ—ments in which c. were customary lands and were granted by copy of court roll unto K. Joane and John and to either of them as long as they live and after that R. and John dies and afterwards the said Ioane took to â—usband one T. now one of the Defendants c. his Atttorney cometh and defendeth the Force and Wrong when c. And as the coming with force and armes c not guilty c and at to the residue of the said Trespasse afore supposed to be done they the same T and N say that the said C no action because he saith that the said Close and also the places in which the said Trespasse is supposed to be done are and at the said time of that Trespasse supposed to be done were one Messuage and halfe a yard of Land with the appurtenances in R. aforesaid which said Messuage and halfe a yard of Land with the appurtenances are and at the said time in which c and also from the time of which contrary c were parcell of the Mannor of B in the said County of which said Mannor with the appurtenances one T W late Prior of the late Priory of the Blessed M. of B in the said County late dissolved before the said time in which c. was seized in Demesne as of fee in the right of his said Priory and that the said Tenements with the appurtenances whereof c are and at the said time in which c. and also from all the said time were demised and demisable by Copy of Court Roll of the said Mannor by the Lord of that Mannor or by his steward of the Court of the same Mannor for the time being unto whatsoever person or persons willing to take the same in fee simple fee tail for Tearm of life or years at the Will of the Lord according to the custome of the said mannor and the said Prior of the said mannor with the appurtenances so seized the said late Prior before the said time in which c That is to say at the court of him the said late Prior held at the said mannor on VVednesday in the vigills of Saint George the martyr in the 24. year of the Reign of the late Lord Henry King of England after the conquest the eighth by one T C Knight then his steward of the Court of his said mannor granted the said Tenements with the appurtenances whereof c. unto one R J and the aforesaid Johanne to have and to hold to them the said Richard Johanne and John to the tearm of their and either of their Life 's as long as they live successively by copy of court Roll of the said mannor at the will of the Lord according to the Custome of that mannor by colour of which said grant the said R I. and I. were seized in the said Tenements with the appurtenances in their demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor and they the said R. and J. afterwards and before the said time in which c died and the said Iohanne them survived and held her selfe in the said Tenements with the appurtenances in her demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor by the Right of increase Right of increase and she the said I. so thereof being seized the same I. before the said time in which c. took to husband him the said T. N by which they the said T. and I. were and as yet are seized of the said Tenements with the appurtenances in their demesne as of freehold in the Right of him the said I. at the will of the Lord according to the custome of the said Mannor And the said C. claiming the said Tenements by colour of the same Grant of copy of court Roll unto him thereof made for tearm of his life by the said late Prior long before the said Grant by the same late Prior thereof unto the said R. I. and I. in form aforesaid made Colour by copy of court Roll. where nothing of the said Tenements with the appurtenances in the