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A57469 A book of special entries of declarations, pleadings, issues, verdicts, judgments and judicial process in such actions as are now in use and have not hitherto been published in any printed book of precedents together with such notes and observations as do either illustrate or explain the same : as also such parts of pleadings and judicial process which do naturally fall under the division of each distinct title as necessary and incident thereunto / collected by the particular direction of Sir Thomas Robinson ... Robinson, Thomas, Sir.; England and Wales. Court of Common Pleas. 1684 (1684) Wing R1717; ESTC R16256 786,278 524

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A BOOK OF SPE CIAL ENTRIES OF Declarations Pleadings Issues Verdicts Iudgments and Iudicial Process In such Actions as are now in Use and have not hitherto been Published in any Printed Book of Precedents Together with such Notes and Observations as do either Illustrate or Explain the same As also such parts of Pleadings and Judicial Process which do naturally fall under the Division of each distinct Title as necessary and incident thereunto Collected by the Particular Direction of Sir THOMAS ROBINSON Baronet Late Chief Prothonotary of the Court of Common Pleas From the Manuscripts of his Office LONDON Printed by W. Rawlins S. Roycroft and H. Sawbridge Assigns of Richard and Edward Atkins Esquires For T. Basset at the George in Fleet-street R. Chiswell at the Rose and Crown and B. Tooke at the Ship in St. Pauls Church-yard 1684. TO THE READER THese Papers were some Years since designed for the Press by the Judicious Sir Thomas Robinson Baronet whose great abilities in this kind of Learning were eminently Conspicuous in that he held the Place of Chief Prothonotary in the Court of Common-Pleas for well-nigh Thirty Years During the Series of which long Tract of Time with what Candour and Integrity he behaved himself is well known to those Worthy Gentlemen who were Clerks and Attorneys of his Office who have Reason to Deplore his Vnfortunate Vntimely Death And with what Industry and Care he preserv'd all the Special Pleadings which from time to time were Entred in his Office whilst he continued Chief Prothonotary is obvious from the Multitude of choice Manuscripts he left behind of his own Collection so that nothing of Moment in Pleading was ever Pretermitted But besides these of his own Collection our Author had the advantage of all those many Curious and Learned Manuscripts which were collected by the long Experience and Critical Observation of the Greatest Clerk of his time Richard Brownlowe Esq whose only Merit meerly upon the score of his skill in Clerkship advanced him to the Office of the Chief Prothonotary in the Common-Pleas where he continued for a great part of the Flourishing Reign of the late Queen Elizabeth all the Peaceable Reign of the August Monarch King James and most part of the Reign of the most Serene Prince King Charles the First of ever Blessed Memory He had also in his Custody all those most Excellent Manuscripts of Mr. Brownlow's Incomparable Successor in that Office viz. the Learned and Polite Thomas Corey Esq a Person so well Read in the Common and Statute Laws of this Kingdom and so exquisitely skill'd in Pleadings That he even excell'd the Great Brownlowe in his own Province To these may be added the Manuscripts that came to the Hands of Sir Thomas Robinson by the Death of the Industrious and exceedingly Ingenious Mr. William Midgley his Clerk of the Judgments whose Name ought to be Perpetuated for his great Performances in Clerkship amongst the Greatest and most Celebrated Pleaders of this Age. From the vast Collections of this Many-Volumn'd Atlas of Pleadings Sir Thomas Robinson some Years before his Death directed these Pleadings for the Press intending it chiefly for the Benefit of the Clerks and Attorneys of his Office which by misfortune proves to be his last Legacy to them in which such Exact Rules and Directions for Drawing all manner of Declarations and Pleas and other Parts of Pleadings as also several Niceties of the Law relating thereto are laid down and considered so Plain and Demonstratively that no Collection in any Age hitherto extant can Parallel it ABATEMENT ET pdict A. ꝑ T. B. Attorn suu ven dicit qd pdict Mesuagia ac tre cum ꝑtinentiis sunt infra Manerin de C. in Com C. tenentur de quodam E. F. ut de manerio sno de N. suꝑ D. in Com pdict quod infra idem Maneriu infra Dnium de C. similit existit rum fidelitat reddit xviii d. ꝑ annu ad festum Annunc̄ac̄onis solvend Et qd Manerin de N. pdict tenetur de H. Comit North̄● ꝑ serviciu Militare ut de Manerio sive Dn̄io suo de C. pdict Quod quidem Maneriu sive Duium de C. est a tempore quo non extat memoria fuit ꝑcell Com Palentini Cestrie qui Com est ꝑ totum idem tempus fuit Com Palentinus Idemque Maneriu sive dominiu de C. tenetur de dn̄o E. Principe Wallie Comite Cestrie in ●ure dci Com Palentini sui Cestr ꝑ serviciu Militare per totum tempus pdict de Comit Cestr pro tempore existen tent fuit ꝑ idem serviciu Et dic qd tam dc̄um Maneriu sive Dominium de C. quam om̄ia tre Tenta infra idem Maneriu sive Dominiu existen ac de eodem tent mediate im̄ediat ac omnia alia singl̄a Dnia Maneria Terr Ten̄ta de dict Com Palentin Cestr tam infra limites Com Cestr quam in al Com Regni Anglie existen omnes acc̄ones tam reales quam ꝑsonales rac̄one eorundum seu alicujus inde ꝑcell̄ emergentes Pl̄itat Pl̄itabilia extitunt ꝑ totum idem tempus adhuc existunt in Cur Com Ces●r Comit Palatini sui pdicti Coram Iusticiar suis ib̄m ꝓ tempore existen apud Cestr infra Com Palentin pdict non alibi ad Coiēm legem extra Com Palentin pdict Et hoc parat est verificare ubi quando ac ꝓut Cur cons̄ unde pet indiciu si Cur dn̄i Regis hic pl̄itum inde cognoscere velit c. Et pd C. dicit qd ip̄a necesse non h̄et nec ꝑ legem terre tenetur ad predict plitu predict A. respondere eo qd idem plitu non est in lege sufficien ad ponend Cur hic a jurisdictone tenend pl̄itum in loquela predicta Vnde ex quo idem A. in loquela predicta suffic non respond pet judiciu Et qd Cur hic h̄eat Iurisdicc̄onem inde c. Et predict A. ex quo predict materia ꝑ ip̄um suꝑius allegat quam ipe parat est verificare sufficiens est in lege ad ponend Cur hic a Iuridicc̄onē ulterius tenendi pl̄itu in loquela predicta quam quidam materiam eadem C. non dedic nec ad eam aliqualiter respond set verificac̄onem illam admitte recusat Pet judiciu si Cur hic inde ulterius cognoscere velit c. Et quia Iustic hic se advisari volunt c. ss Ric̄us Turner c. Attach̄ fuit ad respondend W. Honor de plito quare vi armis Cl̄m i pius Will̄i apud B. c. fregit intravit Et al Euormia c. Et predcus Ric̄us ꝑ Will̄m Nelson Attorn suu ven defend vim injur quando c. Et pet auditu b̄ris predict Et ei legitur c. quo lco audit idm R. pet judiciu de brevi predict quia dicit qd non h̄etur aliqua tlis sorma b̄ris de