declared and this he is ready to verifie whereupon he prayes Judgement of the said Writ of Justicies and that the said Writ of Justicies be quashed c. Plea in Abatement for that the Plaintiff hath one name in the Writ and another in the Declaration ANd the said A. by I. R. his Attorney comes and prayes Judgment of the Writ of Justicies aforesaid because he saith that he is the same person against whom the said B hath brought his Writ aforesaid by the name of B. D. otherwise E. Yeoman and that the said B. is named John otherwise Henry and by the same name of B. D. otherwise E. the day of obtaining of the Writ of Iusticies of the said B. and alwayes afterterwards hitherto he hath been known and called and by the same name of B. D. otherwise against the said A. in his Declaration aforesaid now hath declared without that that the said B. is named or called Iohn otherwise Henry or by the same name of B. D. otherwise E. hath been at any time known or called and this he is ready to verifie whereupon he prayes Judgment of the writ of Iusticies aforesaid c. The Defendant justifies for horse-meat not satisfied in answer to a Declaration in Trover for the same horse ANd the said A. saith that he the same time in which the said horse in the Declaration aforesaid specified is supposed to come to his hands and by two years then next elapsed and ever afterwards and yet is a common Inn-keeper and holdeth a certain Inn called the George in the Parish and Town of Harwood in he said County of Y. and that one C. D. the twelfth day of August in the year aforesaid at the Parish and Town of the said H. came to the Common Inne of the said A. bringing with him the said horse into the said Inne which said horse the said C. D. the same twelfth day of August abovesaid untill the twenty fourth day of Iune in the year c. abovesaid in the Inne of the said A. remained at meat and that the said meat of the said A. eaten and consumed within the same Inne by the same horse between the said 12. day of August in the said year of c. and the said 24. day of Iune in the yeare aforesaid was worth eight pounds ten shillings of lawfull money of England And that no person within that time paid the said A. for the said meat neither compounded nor agreed with the said A. for the same whereupon certain L M. NO and others lawfull and honest persons the neighbors of the said A. and inhabiting and remaining within the said parish of H. in the County aforesaid at the request of the said A. afterwards to wit the 24. day of Iune abovesaid at the said Town and Parish of H. reasonably appraised the said horse at six pounds ten shillings and no more whereupon the said A. afterwards to wit the said 24. day of Iune in the year abovesaid at the aforesaid Town and Parish of H. retained that horse in his hands towards the satisfaction of the said A. for his meat aforesaid then and there did convert and dispose as it was lawfull for him to do with it without that that the said horse came to the hands of the said A. in the aforesaid County of L. or any other place without the said Town and Parish of H. in the said County of Y. as the said C D. above against him complaineth and this he is ready to verifie whereupon he prayeth Judgment if the Plaintiff his Action c. The Defendant pleads leave and liberty granted to him by the Plaintiff to enter and feed his Cattel ANd the said A. as to the aforesaid Trespasse as to the breaking of the Close aforesaid and the eating c. with his cattel c. and the treading c. with his feet above supposed to be done saith that the same B. before the same time in which c. to wit the 22. day of May in the year c. at Skipton aforesaid in the County aforesaid and within the liberty and jurisdiction of this Court gave liberty to the said A. into the tenements aforesaid with the appurtenances of new assigned to enter and put in his Cattel aforesaid the grasse in the tenements aforesaid with the appurtenances of new assigned then there growing to eat up By vertue of which said liberty the same Defendant the same time in which c. into the tenements aforesaid with the appurtenances in which c. entered and his Cattel aforesaid to eat the grasse there put And the same Cattle the same time in which c. by vertue of the liberty aforesaid the grasse aforesaid in the tenements aforesaid with the appurtenances did eat tread down and consume which said breaking of the Close aforesaid and eating treading down and consuming of the grasse aforesaid with the Cattel aforesaid in the tenements aforesaid with the appurtenances above newly assigned and the treading and consuming of the other grasse aforesaid in the same tenements with the feet walking by vertue of the liberty aforesaid and for the cause aforesaid in form as aforesaid done is the same breaking of the Close c. And this c. The Plaintiff replies de injuria propria and traverseth the liberty And the Desendant justifies he gave the liberty and issue thereupon The Defendant justifies in Replevin the taking of the Cattel for Rent in arrear ANd the said A B. by S D. his Attorney cometh and defendeth the force and injury when c. and doth well avouch the taking of the said Cattel in the said place in which c. And justly c. because he saith that the said place in which c. is and from the time of the said taking and before was four acres of Land in M. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said A B. was seized in his Demesne as of fee of one Messuage one Garden and four acres of Land and one acre of Wood with the appurtenances in M. aforesaid whereof the said place in which c. is And at the said time in which c. was parcel and so being thereof seized that same Messuage Garden Land and Wood with the appurtenances long before the time of the taking aforesaid that is to say at the Feast of the annunciation of our blessed Virgin Mary in the year c. at M. aforesaid demised unto the aforesaid C D. to have to him from the same Feast as long as it should please him the said A B. yielding therefore yearly unto the said A B. as long as the said C D. should have and ocupy the said Messuage Garden Land and Wood 30 s. at the Feast of St. Michael the Archangel and the annunciation of our blessed Virgin Mary by equal portions yearly to be paid by vertue of which demise the
before the return of the same E. L. Knight late Sheriffe of the County aforesaid and that this Writ so as above indorsed and returned was delivered to me R. S. Esquire now Sheriffe of the County aforesaid by G. T. under-Sheriff of the aforesaid E. L. late Sheriff of the County aforesaid R. S. Esquire Sherif I hereby certifie the Justices within written That the Lands and Tenements which were of the within named F. B. the same day and year within mentioned in which judgement of the debt and accompts within specified was rendred are and yet be in the hands of our Soveraign Lord the King in his Court of Wards and Liveries by reason R. B. Gent. Tenant of the Lands and Tenements aforesaid hath not yet sued forth his Livery of the Lands aforesaid in the Court aforesaid Therefore to the execution of this Writ I may not proceed as within it is commanded R. S. Esq Sherif An Inquisition indented taken at W. in the County aforesaid the day of Ianuary in the year of our Lord one thousand six hundred fifty eight before me R. S. Esquire Sheriffe of the County aforesaid by vertue of a Writ of his Highnesse the Lord PROTECTOR to me directed and ro this Inquisition annexed by the oath of M. P. and so to the number of twelve honest and lawfull men of my Bayliwick who say upon their oaths that H. S. in the said writ named was seized in his Demesne as of see the fourteenth day of June in the year of our Lord one thousand six hundred fifty in the same writ mentioned of one Capital Messuage with the appurtenances with five acres of Lands six acres of Meadow and eight acres of Pasture scituate and being in Br. in the County aforesaid of the cleer yearly value in all issues above reprises forty shillings And the said Jurors further say upon their oaths that the said H. S. hath not any other or more Lands or Tenements the said fourteenth day of June abovesaid nor at any time since nor any goods or Chattels at the day of taking this Inquisition in my Bailiwick to the knowledge of the said Jurors the moyety of all and singular which said Messuage Lands Tenements and premisses that is to say the said Capitall Messuage and the said five acres of Land and the six acres of Meadow I the said Sheriff the said day of taking this Inquisition have caused to be delivered to T. C. in the said Writ also named to hold to him the said T. and his Assignes as his Free-hold according to the forme of the Statute in this case made and provided untill the debt and damages in the same Writ mentioned shall thereof be fully levied In witnesse c. Otherwise untill the said T. C. in the said writ also named shall be fully satisfied of his debt and damages in the same writ mentioned In witness c. R. S. Esquire Sheriff The within named A. B. is not found in my Bailywick The residue of the execution of this Writ appeareth in a certain indented Inquisition hereunto annexed R. S Esquire Sheriff An Inquisition indented taken at I. in the County aforesaid the one and twentieth day of October in the year of our Lord 1658. before me R. S. Esquire Sheriff of the same County of N. By vertue of a Writ of His Highnesse the Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging to me directed and to this indented Inquisition annexed By the oath of H. S. and so to the number of twelve at least good and lawfull men of my Bailywick who say upon their Oath that R. T. in the aforesaid writ named the twentieth day of A. in the year of our Lord 1657. in the same Writ mentioned on which day the said R. T. became debtor to his Highnesse Oliver late Lord Protector in the aforesaid also mentioned was seised in his Demesn as of fee of and in one Messuage with the Appurtenances five acres of Land sixe acres of Meadow and eight acres of Pasture scituate lying and being in F. in the County aforesaid now in the tenure and occupation of J. G. or his Assignes of the cleer yearly value in all Issues above reprises 10 l. All which said Messuage Lands and Tenements with the Appurtenances I the said Sheriffe the same day of the taking this Inquisition have taken and seised into the hands of his Highnesse Richard now Lord Protector as by this Writ it is commanded And the same Jurors say upon their Oath that the aforesaid R. T. at the day of the taking this Inquisition is seised in reversion when it shall happen after the death of C. Widow in his Demesn as of Fee of one Messuage with the Appurt six acres of Land 5 acres of Meadow and 12 acres of pasture scituate lying and being in H. in the foresaid County of N. and now in the tenure and occupation of the same C. widow And that the aforesaid C. widow is now living so that at present the said Messuage Lands and premisses in H. aforesaid are worth nothing But after the death of the said C. widow will be of the cleer yearly value in all Issues above reprises 8 l. The reversion of which said Messuage Lands and Premisses with the Appurt in H. aforesaid when it happens I the same Sheriffe have also the same day of taking this Inquisition taken and seised into the hands of his Highnesse the Lord Protector according to the exigence of his Highnesse said Writ And moreover the said Jurors say upon their oaths that the above named R. T. at the time of the taking this Inquisition was and is possessed of all the Goods and Chattels severally mentioned comprised apprised and valued in a certaine schedule to this indented Inquisition annexed as of his owne proper Goods and Chattels and that the whole value of the same Goods and Chattels is forty shillings Which goods and Chattels the same day of the taking this Inquisition I the aforesaid Sheriffe have likewise seised into the hands of his said Highnesse the Lord Protector And the same Jurors further say upon their Oath that the same day of the taking this Inquisition R. J. of G. in the County of N. aforesaid Yeoman was indebted to the above named R. T. in the whole sum of twenty pounds for Rent And also that there is now in the hands of the same R. J. divers Goods and Chattels of the said R. T. that is to say one long Table c. which goods and Chattels together are of the value of 40 s. All which said debt of twenty pounds and the Goods and Chattels of the said value of 40 s. l the Sheriff aforesaid the same day of the taking of this Inquisition have also seised into the hands of his said Highnesse the Lord Protector as in the hands of the aforesaid R. I. And the aforesaid Jurors moreover say upon their Oaths that the within named
whatsoever which they ever had now have or hereafter may have or they or either of them may have according to the custome of the same Mannor of in or to seven Acres of land with one Messuage parcel of the tenement called S. and of in and to two acres of Copy-hold land of the Tenement of W. c. which said premises the said S. lately had and took up and now holdeth to him and his heires after Surrender thereof made by I. W. as at the Court there holden on Wednesday the 21. day of March in the year c. more at large appeareth to the behoof and use of the aforesaid S. N and of his heirs so that is to say that neither the aforesaid I. W. and R. nor either of them nor their heirs nor the heirs of either of them from henceforth may require claim or challenge any estate Right title Dower and demand thereof to be had from henceforth shall be altogether barred and excluded and either of them is barred and excluded by this present surrender release and quit claim and for this surrender remise and release the said S. doth give a Fine to the Lord c. A Surrender of Copyhold in Court with the admission of the tenant accordingly TO this Court came A B. gent. Copyhold Tenant of this Mannor and present here in Court did surrender into the hands of the Lord of the same Mannor two acres and a half of land lying in two pieces in C. be it more or less whereof the first peece doth lye between c. and the other peece is accounted for half an acre and lyeth c. which said two acres and a half the said A. B. late in the Court did take up to him his heires and assignes after surrender made thereof by I W. as at the Court here holden on Friday the sixteenth day of May in the year c. more plainly appeareth to the behoofe and use of I. W. and R. his wife and the heires of the said I. W. which said I W. and R. present here in Court do desire of the grace of the Lord to be admitted to the aforesaid two acres half of land according to the form and effect of the Surrender aforesaid and they are thereunto admitted tenants to whom seisin thereof is delivered to hold to the said I. W and R. and to the heires of the said I W. of the Lord of the Mannor aforesaid by the Rod of the will of the Lord according to the custome of the Monnor aforesaid by the services c. and the rent of 2 s by the year saving the Right c. and he doth give to the Lord a Fine and the said I W. hath done Featly to the Lord c. A surrender and Lease made in Court with the examination of the Wife AND afterwards at this Court came the aforesaid I. S. and M. his Wife and present here in Court and the said M. being solely and secretly examined by the Steward of the same Court and consenting did surrender remise and release into the hands of the Lord of the Mannor aforesaid all their right state title possession Dower and demand of them the said I. S. and M. of in and to all and singular the premisses aforesaid with the appurtenances to the behoose and use of the said R. K. and his heires and assignes for ever in his full and peaceable possession of the premisses now being so that is to say that neither the said I. S. and M. or either of them from henceforth shall require claime or challenge any right title Dower or demand of in or to the premisses or any part or parcel thereof but of and from all action right title Dower or demand thereof to be had for ever hereafter shall be barred and excluded by this inrollment And the said I. S. for the said remise and release doth give to the Lord a fine c. A Surrender of Lands made in Mortgage upon condition for the payment of money with the admission of the Mortgagee by her Attorney and the Fealty respited AND immidiatly after the same Court the aforesaid N. B. present here in Court did surrender into the hands of the Lord aforesaid by the hands of his Steward of the same Mannor one piece of Land containing by estimation two acres of arable Land lying between the Lands of the Mannor of R. late of N. B. of the West part and the lands c. together with the wayes and pathes to the same belonging and used which said piece of Land R. B. the Father of the said F. whose heire he is late had to him his heires and assignes amongst other things after the Surrender thereof made by W. B. and E. his Wife as at a generall Court with a Leet there holden on Thursday next after c. in the yeare c. appeareth to the behoofe and use of F. D. one of the daughters of N. D. Gent. and of the heirs and assignes of the said F. under this forme and condition that if the said N. B. his heirs executors or administrators or any of them shall pay or cause to be payd to the said F. D. her heires executors administrators or assignes at the mansion house of the said R. B. in H. in the County of York Gent. the summe of twenty pounds of good c. in or upon the twenty eighth day of October next following after the title of this Court that then the said surrender shall be void and of none effect or vertue and that then also it shall be lawfull for the said N. B. his heires and assignes to re-enter into the said piece of Land and the same as in his former estate to have againe repossesse and re-enjoy the said surrender or any thing to the contrary notwithstanding and upon this the said F. by C. W. her Attorney in this behalfe is admitted thereto tenant and Seisin is delivered to the said F. her heires and assignes under the condition aforesaid and in manner and forme aforesaid by the Rod at the Will of the Lord according to the custome of the Mannor aforesaid by the services c. saving the right c. And he doth give the Lord for a fine c. and Fealty is respited untill c. A Surrender of Lands made presently in Court ANd afterwards sitting in the same Court the aforesaid F. W. present in Court did surrender into the hands of the Lord of the same Mannor in the aforesaid Close containing by estimation five acres called L. to the behoofe and use of C. W. his Brother and to the heires and assignes of the said C. to which said C. seisin thereof is delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the Custome of the same Mannor by the services c. saving the right c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord
plaint and in his executed and assigned from the beginning of the World until the day of the date of the said Bill and this c. if Judgement c. Replication THe Plaintiff saith that he ought not to be barred c. because he saith that the aforesaid Bill of acquittance is not his deed and this he prayeth c. Justification of scandalous Words ANd c. when c. and saith that the said G L. his action aforesaid against him ought not to have for that he saith that before the speaking of the pretended scandalous words in the said declaration mentioned that is to say the day year c. at c the said G L. one Wether-sheep to the value of 10 s of c. of the goods and chattels of the said H. A. in the said Declaration mentioned then and there being sound feloniously did steal take and carry away contrary to the publick peace By reason whereof the said P. G. afterwards that is to say the said day year c. at c. the pretended scandalous words in the said Declaration mentioned did say affirm and declare to the said G. L. that is to say thou meaning the said G. L. art a Thiefe and stole H. A.'s Sheep and this he is ready to verifie whereupon he demandeth Judgement if the said G L. his action aforesaid against him ought to have c. Tender of amends in Replevin AND the said H. saith c. the just taking of c. ought not to avow because he saith that after the aforesaid time of the taking of the Cattel aforesaid in the aforesaid place in which c. und before the day of the issuing forth of the precept of Replevin of him the said H. that is to say the day year c. aforesaid at W. aforesaid he the said H. offered 12 d. to pay the said W. and I. to the use of the said W. for the damage of the said W. which he sustained by occasion of the trespass aforesaid which the cattel aforesaid in the aforesaid two acres of Land made which said 12 d. were sufficient amends for the trespass aforesaid which the cattel aforesaid in the said two acres of Land made which said 12 d. the aforesaid W. and I. then and there wholly refused to receive of the said H. and this c. Part of the debt paid The residue tendred before Suit and refused ANd c. when c. and saith that the aforesaid I. G. ought not to have or maintain his said action against him because he saith that the said I. A. the day year c. before the beginning of this action well and faithfully paid to the said I. G. 20 s. part of the above mentioned debt in the said Declaration specified that is to say at B. aforesaid and within the jurisdiction of this Court And as to the five shillings six pence the residue of the debt in the said Declaration specified the said I. A. further saith that he afterwards that is to say the day year c. abovesaid before the commencement of this action at B. aforesaid tendred to the said I. G. the said five shillings six pence which said five shillings six pence the said I. G. then and there refused to accept of and this the said I. A. is ready to prove and demands Judgment of the Court if the said I. A. ought to have his said action against him c. Replication ANd the said I. G. as to the plea of the said I. A. as to the said 20 s. parcel of the debt aforesaid saith that he by any thing before alledged ought not to be barred from having his said action against him for he saith that the said I. A. did not pay the said twenty shillings to the said I. G. as the said I. A. above hath alledged and this he prayes may be inquired of by the Countrey and the said I. A. likewise c. And as the said plea of the said I. A as to the said 5 s. 6 d. residue of the said Debt and the said I. G. saith that the same plea of the said I. A. in manner and aforesaid pleaded and the matter therein contained is insufficient in the Law to bar the said I. G. from having his said action against the said I. A. and that he to the plea aforesaid in manner and form aforesaid pleaded needeth not nor is bound by the Law of the Land to answer whereupon for want of a sufficient plea in this behalf the said I. G. prayeth Judgment and the said 5 s. 6 d. residue of his debt aforesaid together with his damages by reason of the detaining of that debt to him to be adjudged c. Not his Deed. ANd c. when c. And saith that he ought not to be charged with the said debt by vertue of the writing aforesaid because he saith that the said writing is not his Deed. And of this he putteth himselfe upon the Countrey And the said A. likewise c. By threats ANd c. when c. And saith that the said A. ought not to have his said action against him because he saith that the said A. at the time of the making of the said writing at N. aforesaid did impose upon the said B. such so great threats of his life may ming of his body to be inflicted on him unless he would make and seal unto the said A. the said writing that he the said B. did then and there make unto the said A. the said writing for feare of those threats And this he is ready to aver whereupon he prayeth judgment if the said A. ought to have his said action against him c. Replication ANd the said A. saith he by any thing before alledged ought not to be barred from having his said action because he saith that the said B. at the time of the making of the said writing aforesaid was of his own power at large And did make to the said A. the said writing of his meer and voluntary will and not for fear of threats as the said B. hath above alledged And he prayeth that this may be inquired of by the Countrey And the said B. likewise c. By hardnesse of imprisonment ANd c. when c. And saith c. because he saith that at the time of making of the said writing he was imprisoned by the said A. and other of his Covin that is to say at N. aforesaid and there in prison detained until the same B. by force and hardnesse of that imprisonment had then and there made to the said A. the said writing And this he is ready to aver whereupon he prayeth Judgment c. Replication ANd the said A. saith that he c. because he saith that the said B. at the time of making of the said writing was of his own right at large and out of prison and did of his meer and
voluntary will make to the said A. the said writing and not by force and hardnesse of imprisonment as the said B. above hath alledged And this he prayeth may be inquired of by the Countrey And the said B. likewise c. The Assault made by the Plaintiff c. ANd c. when c. And as to the Trespasse and Assault aforesaid above supposed to be done the said I. R. saith that the said R. W. his action aforesaid against him ought not to have because he saith that the aforesaid R. VV. the day year c. aforesaid upon him the said I. R. at the Castle c. did make an Assault and him would have beaten wounded and evil intreated by which the said I. R. himselfe against the aforesaid R. VV. did then and there defend And saith that if any evil to the said R. VV. then and there happened was of the proper assault of him the said R. VV. And in defence of him the said I. R. And this he is ready to verifie whereupon he prayeth Judgement if the aforesaid R. VV. his action aforesaid against him ought to have c. Replication ANd the foresaid R. VV saith that he by any thing before alledged from having his action aforesaid ought not to be debarred because he saith that the foresaid I. R. the day yeare c. abovesaid at c. in his Declaration aforesaid above specified of his own proper injury and without such cause by the said R. VV. above alledged upon him the said R. VV. did make an assault and him did beat wound and evil intreat so that of his life he did despair against the peace of the Lord Protector that now is as the said R. VV. above against him hath complained And this he prayeth may be inquired of by the Countrey And the said I. R. likewise Therefore c. The Defendant pleadeth the Plaintiff within age to bring his action and should have brought it by Guardian and not by Attorney ANd c. when c. And sayes that the foresaid I. R. ought not to have his action aforesaid against him because he sayes that the foresaid I. R. the day and year in the Declaration specified to wit the day year c. the day of the issuing forth of the Writ of Justicies of him the said I. R. that is to say the day year c. was within the age of one and twenty years And that the foresaid I. R. declared against him the said P. C. in the Plaint aforesaid by his Attorney whereas by the due form of Law he ought to have declared by his Guardian And this he is ready to aver whereupon he prayes Judgement whether the aforesaid I. R. ought to have his action aforesaid against him c. To a Trespasse in Walking Not guilty and as to the residue of Trespasse tender of amends ANd c. when c. and saith that as to the breaking of the close aforesaid as also to the treading down and consuming of the Corn and grasse aforesaid with his seet in walking in the same four acres of land aforesaid of new assigned above supposed to be done saith that he is in no wise thereof guilty c. and of this he putteth himself upon the Countrey and the Plaintiff likewise And as to the residue of the trespasse aforesaid in the same four acres of Land of new assigned above supposed to be done the same A. saith that the same B. his action aforesaid ought not to have because he saith that the residue of the trespass aforesaid in the same four acres of Land of new assigned above supposed to be done was done with the cattle aforesaid by negligence and against the will of the same A. and that the same A. afterwards and before the day of commencing of this action of the same B. to wit the 16 day of May in the year c. at the same parish of R. in the said County of Y. offered to the same B. 20 s. of lawfull money of England for and in satisfaction for the residue of the trespasse aforesaid so as aforesaid done which said 20 s. were sufficient amends for the same residue of the trespasse aforesaid in the same four acres of Land with the appurtenances of new assigned as beforesaid done and that the same B. the said 20 s. as aforesaid offered to receive of the same A. then and there altogether refused and as yet doth refuse and this he is ready to verifie And c. Replication ANd the same B. as to the same plea of the said A. as to the said residue of the trespasse aforesaid in the same four acres of land with the appurtenances of new assigned done saith that he by any thing in the same plea before alledged ought not to be barred from having his action aforesaid against him c. because he protesteth that the aforesaid residue of the trespasse aforesaid in the same four acres of land with the appurtenances of new assigned was not done with the cattel aforesaid by the negligence and against the will of the same A. protesting also that the said 20 s. in satisfaction for the trespasse aforesaid were not offered before the same day of commencing the suit of the said B. as the same A. hath above alledged for plea the same B. saith that the same 20 s. were offered by the same A. to the said B. for a certain trespasse by the same A. with his cattle aforesaid to the same B. in a certain other Close of land with the appurtenances called the S. of the same B. in the Parish of R. aforesaid in the County aforesaid done without that that the same A. offered to the same B. the said 20 s. for and in the satisfaction of the foresaid residue of the trespass aforesaid in the same 4 acres of land of new assigned done as the same A. hath above alledged and this he is ready to verifie whereupon for that the same A. the said residue of the trespass aforesaid in the same four acres of Land with the appurtenances aforesaid of new assigned done above acknowledgeth the same B. prayeth judgment and his damages by occasion of the residue of the trespass aforesaid to him to be adjudged c. Rejoynder ANd the same A. as before saith that he offered to the same B. the said 20 s. for and in satisfaction of the said residue of the trespasse aforesaid in the same four acres of Land with the appurtenances of new assigned done as he hath above alledged And of this he putteth himselfe upon the Countrey and the same B. likewise Therefore c. Misnomer in Baptism pleaded in Abatement of the Writ of Justicies ANd the said A. by Simon Don his Attorney comes and prayes Judgement of the Writ of Justicies aforesaid because he saith that the name of Baptism of the said Agnes in the Writ aforesaid named is Anna and not Agnes as the said B. hath above
Yorkshire to 02 00 00 For Petitions upon the account for each 00 04 00 For another writ of assistance 00 05 06 For entring the view of the accompt and in the alienation Office for viewing of the accompt and for a note of the charge there 00 09 08 For every Schedule of issues upon general pardons and to the Clerk of the extracts man 00 15 00 To a Baron for allowing of them and to the Barons man 00 17 04 In the alienation Office for making of the Bond and Acquittance with the Scedules of seizures against such as have sold land held of the Commissioners without license of alienation 10 06 00 For a Warrant for a day to finish the accompt until Mich. Term 00 10 00 To the Attorney in the Pipe Office for setting off from the Accompt six amerciaments and to his man 01 10 00 For discharging the amerciaments for a warrant to set off and discharge 01 12 06 For another Writ of assistance 00 05 06 If the Sheriff cannot go thorow with his accompt in Trinity Term then to the Marshall for liberty to his man 04 13 04 For ruling and making the Petitions and to his man 09 00 00 To the Master of the Pipe for his fee 00 13 04 To the Controller of the Pipe for his fee and to his man 02 12 00 The fee of the Attorney of the Pipe and to his man 06 02 06 For the Acquittances of two tallies in the receit and for striking off those tallies 00 05 04 To two Auditors for casting up of the Sheriffs accompt in Court when he is to be cast out of the Court 00 10 00 To the Baron then and to his men 01 07 00 To the Marshal Tipstaves and Criers then 00 16 08 To the Clerk of the Pipe for Recusants and for allowing and joining of the talley for Recusants Debts 01 16 00 To the Baron for respects for Recusants Debts 01 10 00 To the Clerk of the Pipe for Recusants for allowing of that Warrant and to the Master of the Pipe for the same 00 13 04 To the Bag-bearer 00 01 00 For the Quietus est to the Sheriffs Attorney of the Pipe and to his man 04 06 08 For the Quietus est for the Recusants Cum multis aliis c. 01 00 00 But the Sheriff is at much more charge which is laid out and is disbursed during his Sheriffwick as experience will better inform him The Return of a Devastavit I R. S. Sheriffe of the County within named do certifie the Justices within mentioned that the within named A. B. hath before the coming of this Writ wasted to his own use converted divers goods and Chattels which were of the within named F. G. at the time of his death to the value of the debt and damages within specified and which came to the hands and possession of the said A. B. Executor of the same F G. to be administred So that the debt and damages or any parcel thereof of the goods and chattels of the aforesaid Testator F. G. I could not levy And I further certifie the aforesaid Justices that the within named A. B. hath no goods or Chattels of his own in my Bailywick whereof I may levy the damages aforesaid R. S. Esquire Sherif THe within named A. B. hath no goods or Chattels which were of the within named C. D. at the time of his death in her hands to be administred in my Bailywick whereof I may levy the debt and damages within mentioned or any parcel thereof nor any of her own proper goods or Chattels in my Bailywick whereof I can levy the damages aforesaid or any part thereof And I further certifie the Justices within specified That by T. I. and E. R. honest and lawful men of my Bailywick that I have made known to the said A B. that she be before the aforesaid Justices at the day and place within contained to shew c. as within it is commanded The residue of the execution of this Writ appeareth in a certain Inquisition hereunto anexed R. S. Esquire Sheriff AN Inquisition indented taken at A. N. in the County aforesaid the two twentieth day of Ian in the year of our Lord 1658. before me R. S. Sheriff of the County aforesaid By vertue of a Writ of his Highnesse the Lord Protector to me directed and to this Inquisition annexed by the Oath of G. H. and so to the number of twelve honest and lawfull men of my Bailywick who say upon their oaths that A. B. in the aforesaid Writ named wasted and to her own use converted divers goods and chattels which were of the within named C D. at the time of his death to the value of the debt and damages in the same Writ specified and which came to the hands of the same A. B. to be administred In witnesse whereof aswell I the said Sheriffe as the aforesaid Jurors to this present indented Inquisition have interchangeably set to our seals the same day and yeare first above written R. S. Esquire Sheriff BY vertue of this writ to me directed I have levied of the goods and chattels of the within named A. B. the whole sum of 80 l. which said moneys before his Highness at the day and place within mentioned I have ready to render to the within named C. D. for his debt and damages within specified as by this Writ it is commanded R. S. Esquire Sheriff By vertue of this writ I have levied of the goods and chattels of the within named A. B. the value of eight pounds sixteen shillings four pence which said moneyes before his Highness at the day and place within mentioned I have ready to render to the within named C. D. in part of his debt and damages within specified And I hereby further certifie his said Highnesse that the said C. D. hath no other or more goods or Chattels in my Bailywick whereof at present I may levy the residue of the aforesaid debt and damages according to the exigence of this Writ R. S. Esquire Sherif By vertue of this Writ to me directed I have taken of the Lands and Chattels of the within named A. B. that is to say one Messuage with the appurtenances in C. in my County of N. now in the tenure of one G. D. which the aforesaid A. B. at the time of my taking thereof held to him and his assignes for a certain term of years yet to come of the demise grant or assignment of one R. B. to the value of ten pounds which said Lands and Chattels as yet remain in my hands unsold for want of Buyers by reason whereof those moneyes before the Justices within mentioned at the day and place within contained I cannot have to render to the within named C. D. As within it is commanded R. S. Esquire Sherif I hereby certifie the Justices within mentioned that after the execution of this Writ and
all and singular the aforesaid premises that is to say to two peeces of land Copyhold lying in the field called R. containing by estimation eight acres one peece of land lying next the land called D. on the South part and the lands c. which said two peeces of land the aforesaid A B. lately had and took up to him and his heires of the Surrender of S. T and M. his wife at the general Court with the Leete here holden on Thursday the 18th day of August in the year c. more at large appeareth to which said E. seisin is delivered to him thereof to him and his heires under the Condition and in manner and form as in the said last Will is specified by the Rod at the will of the Lord by the service and rent of 2. s. by the year and suite of Court saving the right c. and he doth give the Lord for a Fine c. and doth therefore Fealty c. The finding of the death of a Tenant ITem they say upon their Oathes that A. B. after the last Court dyed seised of and in two Roods of land lying in a Pightel called R. holden of this Mannor by Fealty and the yearly rent of 4d by the year and that E. F. is the Son and next heir of the said A. B. and of full age who now doth therefore to the Lord Fealty Paines found and set upon Tenants for want of suite of Court Item they say upon their Oathes that I. W. S. and I. I. c. Copyhold Tenants of this Mannor do owe suite to this Court and now at this day have made default and therefore every one of them in mercy six pence The like ANd that A. B. and C. D. are Tenants of the Lord of the Mannor by demise and do owe suite to this Court now at this day and have made default thereof therefore either of them are in mercy as over their heads 3. d. The like ANd that E F. G. H. and I. K. are Free Tenants of this Mannor and owe suit of Court and now at this day have made default thereof therefore each of them are in mercy as over their heads 6. d. The presentment of a Surrender made out of Court into tenants hands with the admission of the tenant accordingly ANd that L. M. the younger out of the Court after the last Court did surrender into the hands of the Lord of this Mannor by the hands of N. O. Copyholder tenant of this Mannor in the presence of L. M. and P. R. likewise Copyhold tenants of this Mannor all their Copyhold lands and tenements holden of this Mannor with the appurtenances to the behoof and use of S. T. the elder and his heires and assignes And now came the aforesaid S. T. the elder and craveth of the grace of the Lord to be admitted tenant to all and singular the premisses that is to say to one parcel of pasture containing half an acre be it more or less with the apurtenances late parcel of one Customary tenement and eleven acres of land called C. tenement in C. aforesaid which the said L. M. did lately take up to him and his heires after the surrender thereof made by one S. T. at the Court general with the Leet here holden on Munday next after c. more plainly appeareth And he is admitted Tenant thereunto and seisin is thereof delivered to him to hold to him his heires and assignes by the Rod at the will of the Lord according to the custome of Mannor c. by the services and customes c. and the rent of six pence by three years saving the right c. And doth give to the Lord a Fine c. and hath done to him therefore Fealty c. The finding a Surrender made into Tenants hands to the use of a mans will ANd that A. B. Copyhold Tenant of this Mannor out of Court after the last Court that is to say the 24th day of May last past before the Title of this Court did surrender into the hands of the Lord of this Mannor by the hand of C. D. Copyhold Tenant of the same Mannor in the presence of I. A. S. A. likewise Copyhold Tenants of the said Mannor all his Copyhold lands and tenements holden of this Mannor to the behoof and use of his Testament and last Will. The finding of the death of a Tenant and of the lands and that the youngest son is next heir according to the custome c. with his admission ANd that W. D. Copyhold tenant of this Mannor dyed after the last Court solely seised of and in onetenement inclosed called L. containing by estimation five acres lying in F. which the said W. late took up to him and his heires of the Surrender of I. S. as at a Court here holden on Munday in the morning of St. John the Baptist in the year c. appeareth And of and in five acres of Copyhold land with the appertenances holden of the same Mannor called B. which c. And that W. D. his younger son is next heir of the said W. according to the custome of this Mannor who now doth come and craveth of the grace of the Lord to be admitted to the premises with the appurrenances according to the custome of the Mannor aforesaid and he is admitted thereto Tenant to whom seisin is thereof delivered by the Rod at the will of the Lord according to the custome of the same Mannor by the services and customes and rents for five acres c. at 4. s. by the year and for the other said five acres of land at the rent of 5. s. by the year c. saving the Right c. And he doth give the Lord for a Fine c. And doth Fealty to the Lord c. The finding of a Sale made of Freehold lands with a distress to the Bayliff to distrian for want of taking it up ALso they say upon their oathes that I. A. after the last Court did sell to R. A. one tenement called T. with the Apurtenances containing by estimation two acres holden free of this Mannor in Free Soccage by Fealty and the yearly rent of 3d. by the year and suit of Court which said R. A. doth not come c. Therefore it is commanded to the Bayliff that he distrain the aforesaid R. A. against the next Court to do Fealty c. The acknowledgment in the Court of a Legacy paid ANd that I. B. in full Court did acknowledge himself to be satisfied and fully paid by N. B. his Brother of his Legacy of ten pounds to the said I. B. by the Testament and last Will of his Father bequeathed according to the form and effect and the true intent of the said Testament and last Will of his father A presentment of a Surrender made out of Court with the admission of the tenant THE Quest of Office do present upon their oathes that I. S. Copyhold Tenant of this Mannor out of
Court that is to say the tenth day of May in the year c. did surrender into the hands of the Lord of this Mannor by the hands of S. N. Copyhold Tenants of this Mannor in the presence of I. G. and G. F. likewise Copyhold Tenants of the said Mannor all his Copyhold lands and tenements with the appurtenances holden of this Mannor to the behoof and use of R. K. and of his heires assignes for ever who now came here into Court craveth of the Grace of Lord to be admitted to all and singular the aforesaid premisses with the appurtenances that is to say to one Messuage decayed with certain lands in C. containing by estimation four acres be it more or lesse with the appurtenances parcel of one Cottage and three acres of Land of the Tenement of H. with the appurtenances in the same of Skipton in the Tenement of Maydens late W. K. which the same I. S. lately took up to him his heires and assignes at a Court for the Mannor aforsaid holden after the surrender thereof made by I C. as at a Court for the Mannor aforesaid holden on Thursday the 17th day of May in the year c more plainly appeareth And he is admitted thereto Tenant to whom seisin is thereof delivered to hold to him his heires and assignes by the Rod at the will of the Lord according to the custome of the Mannor aforesaid by the services c. and Rent of 2 s by the year saving the Right c. And he doth give to the Lord for a Fine c and doth do to the Lord Fealty c. A Presentment made in Court of an agreement made between a son and his mother touching her Dower and the mothers release of her Dower AND afterwards in this Court came the said N. B and E. B. widow relict of the said R B. and do give here intelligence to the Court that they are agreed between themselves of and for the Dower of the said E B. in the premises according to the custome of the Mannor aforesaid whereupon the said E B. present here in Court doth remise and release into the hands of the Lord aforesaid all her Dower and title of Dower and demand which to her doth belong according to the custome of the Mannor of and in all and singular the Copyhold land and tenements holden of this Mannor which late were the said R B. sometimes her husband to the behoof and use of N B. in his full and peaceable possession thereof now being and of his heires and assignes for ever so that is to say that the said E B. from henceforth may not require claim and challenge any Dower of in or to the premises or any parcel thereof according to the custome of the said Mannor but thereof and of and from all action and demand of such Dower concerning the premises shall be for ever barred and excluded by this inrolment And for this remise and release the said N B. doth give to the said E B. 210 l. of lawful money of England And he gave to the Lord for a Fine c. for the release aforesaid c. The Quest of Office do say upon their Oath that T G. hath incroached with his ditch upon the Common of H. G. towards the milking yard of his Messuage therefore he is in mercy as it is over his head And it is commanded him to reform the said incroachment on this side the Feast of St. Michael the Archangel next coming upon pain as over his head Also they say that S. A. hath forfeited his pain of 5 s. upon him imposed at the last Court for that he after the last Court and after notice to him to the contrary given by the Bayliff of this Mannor hath suffered his swine to go out and pasture upon the Common pasture of H. against command thereof to him to the contrary given A presentment for an offence done and a charge to the Jury to enquire and further day given for giving their verdict WHereas W. S. and G. B. Lords of the Mannor of R. have lately cut down one Oak lately growing at the West end of a certain Pightel called B. Pightel of the Demesne of this Mannor in the Copyhold tenure of F. W. and at this Court it was given in charge to be enquired of by the homage and they to give their verdict of and upon the premises The same homage do desire day for giving in their verdict until the next Court for that they are not yet thereof advised c. And they have c. I. A. Copyhold Tenant of this Mannor doth desire to be admitted to a Fine for respite of Suite of Court to be done and he is admitted for 4. d. A Fine desired for respite of suite to be done WHereas at the last Court it was given in charge to the homage to enquire and give their verdict of and concerning the cutting down of one oak lately before then growing at the West end of a certain pightel called B. pightel of the Demesnes of this Mannor in the Copyhold tenure of F. W. by W. S. and G. B. Lords of the Mannor of R. late before that time cut down and at the said Court day was further given until this Court the Jurors of this Inquisition do now say upon their oathes that as well by the testimony of R. A one of the Tenants of this Mannor to this specialy sworn as of the certain knowledge of some of the homage now sworn that the aforesaid F. W. and all those whose estate the said F. hath in the aforesaid Copyhold pightel from time to time by the space of sixty years now last past have quietly and without contradiction cut taken carryed away and enjoyed all the wood from time to time by the space of sixty years growing on the part of the way and at the West end of the said pightel and that the hedges of the said pightel aforesaid by all the said space were placed and did adjoyn to the said Oak and that the greater part of the thickness of the Oak did reach it self towards the said way and further they say that there never was any ditch where the Oak aforesaid did grow And they further say of the testimony of the said R. A. that the said R. A. in times past having in his occupation the pightel aforesaid from time to time by diverse years did gather and had the Acrons of the Oak aforesaid without any contradiction To the Court came I. W. and R. his Wife and present here in Court in their proper person and the said R. by the Steward of the said Court being solely and secretly examined and consenting did surrender into the hands of the Lord of the same Mannor and did remise release and altogether for them their heires and assignes quit claim to the behoof and use of S. N. and his heires all their right title state use interest and demand
and the same F. W. present here in Court doth surrender into the hands of the Lord by the hands of the Steward of the same Mannor the aforesaid seven acres of Land in one Close now in two parts divided with hedge and dike to the behoofe and use of I. VV. Widdow his Mother and of her assignes in form aforesaid for terme of the natural life of her the said I. VV. to whom seizin thereof is delivered to the said I. VV. and her assignes in forme aforesaid the reversion thereof to the said F. VV. and of his heires and assignes by the rod c. at the will of the Lord c. according to the custome of the Mannor aforesaid saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A Release of Land made in Court AT this Court came S. B. and present in Court did surrender remise and release into the hands of the Lord according to the Custome of this Mannor all his right title state possession interest and demand of and in all those parcels of the land parcel of the Orchard of the said N. called the old or further Orchard next adjoyning to the Pightel or Close of Pasture of him the said S. called the Bean-close as it is now divided from the said Pightel or Close with the door-stakes put upon the Front of the Dike of the said old Orchard to the behoofe and use of N. B. his Brother in full and peaceable possession thereof now being and to his heirs and assignes for ever so that is to say that neither the said S. nor his heires from henceforth may challenge crave or demand any right title state claime or demand of or in the said piece of land But from all action right title state use interest and demand thereof to be had from henceforth shall be utterly barred and excluded and every of them shall be for ever barred and excluded by this present inrollment And the said N. for the said remise and release doth give to the Lord a fine c. A Lease made by the Lord of parcell of his Lands AT this Court the Lord here in full Court did demise to farme to I. A. one Garden containing halfe a Rod lying c. and halfe an acre of land in F. of the Demesnes of the Mannor to hold to him his Executors and assignes for the terme of five yeares next following after the title of this Court paying therefore yearly for every yeare during the said terme one penny at the Feast c. And he doth give to the Lord for a fine c. And doth therefore Fealty to the Lord c. The Admission of the yonger Son to Lands according to the custome AT this Court came F. W. the yonger Son and next heire of I. W. deceased and did crave of the grace of the Lord to be admitted tenant to one parcel of land containing in length twenty perches and in bredth three foot late parcel of one piece of Copyhold land called B. containing by estimation three acres of land of which said parcel of late there is made a dike which said parcel of land I. W. the Grandfather of the said F. W. lately had to him his heires and assignes of the surrender of L. A. as at a Court for the Mannor aforesaid holden the 24. day of May in the yeare c. appeareth as to his right and inheritance for that the said I. VV. died thereof seized and the same parcel of land by and after the death of the said I. VV. according to the custome of the Mannor aforesaid did descend to the said F. VV. the Father of the said F. VV. and from the said F. VV. the right of the said parcel did descend to the said F. VV. the yonger and he is thereunto admitted tenant to whom seisin is thereof delivered to hold to him his heirs and assignes by the rod at the will of the Lord according to the custome of the Mannor aforesaid by rent of two pence c. and the services c. saving right c. And he doth give to the Lord for a fine c. And doth therefore fealty to the Lord c. A License by a Lord of a Mannor to a Copy-holder to pull downe houses standing on Copyhold lands TO all and singular Survayors Bayliffs and other Officers whatsoever within my Mannor of Skipton in the County of Y. I E L. of B. send greeting Whereas I am informed that H. G. hath lately purchased of T. C. certaine old houses within my said Mannor being Copihold and that the said T. C. hath surrendred the same houses to the use of the said H. G. and his Heires according to the custome of the said Mannor Now my will and pleasure is and I do by these presents give and grant unto the said H. G. his heirs and assignes full license and absolute liberty power and authority to pull downe and to take and carry away the said houses and every of them or any part of them to and for the use of the said H G. and his heires and assignes from time to time as to him or them or any of them shall seeme meet Any custome or usage whatsoever within the said Mannor if any such be or heretofore hath beene had or used to the contrary thereof in any wise notwithstanding And I will and command you and every of you that the said H. G. and his assignes may quietly have and enjoy the full and whole benefit of my said grant and license without any deniall let or impediment of you or any of you In witnesse whereof c. A Letter of Attorney to surrender a Copyhold BE it knowne unto all men by these presents that I A. B. one of the customary or Copyhold tenants of the Mannor of H. in the County of M. have made ordained constituted and appointed and by these presents do make ordaine constitute and appoint my trusty and well beloved friends C. D. and F. F. two customary or Copyhold Tenants of the Mannor aforesaid my lawfull Attorneys and Attorney joyntly and severally for me and in my name joyntly and severally by lawfull wayes and means to surrender into the hands of the Lord or Lords Lady or Ladies Farmers owners or proprietors of the said Mannor of H. aforesaid all that customary or Copyhold Messuage or Tenement with the appurtenances scituate lying and being in H. aforesaid parcel of the customary lands of the said Mannor And all my estate right title interest claim possession and demand of in to and out of every part and parcel thereof to the use and behoofe of T. VV. his heires and assignes for ever and I the said A. B. do hereby give and grant unto them the said C. D. and E. F. joyntly and severally and to either of them full power and authority to do execute and performe any other lawfull act and acts whatsoever needfull or
Replication ANd the aforesaid T. N. and E. say that they by any thing before alledged ought not to be debarred from having their action aforesaid against the said I. H. because they say that the aforesaid I. H. at the time of the making of the bill aforesaid was of the full age of one and twenty years and not within age as the aforesaid I. H. hath above alledged and this they pray may be inquired of by the Countrey and the aforesaid I. H. in like manner Therefore c. Vpon retainder for suing of Horses c. A. B. by S. D. his Attorney complains of C. D. of a plea c. for that whereas the aforesaid C. D. such a day and year at S. c. retained the said A. B. to set on upon the horse feet of the aforesaid C. D. forty new Horse-shooes and to remove forty horse-shooes and to mend one pair of plough-Irons and to make one fire-shovel to take of the said C. D. for the setting on of the aforesaid forty new Horse-shooes and forty removes 21 s. and so of the other parcel to contract to be paid to the said A. B. when he should be thereunto required by vertue of which retainer the said A. B. the said forty new Horse-shooes and forty removes upon the Horse-feet of him the said C. D. did set on c. by which action accrewed c Hill 37. Eliz. Rot. 517. Vpon an account E. B. complains of T. A. of a plea that he should render unto him 12 l. of c. which she owes and unjustly detains from him for that whereas the third day of May 1651. at c. the said E. B. and the said T. A. accompted together for and concerning divers sums of money then and before that time due and owing by the said T. A. unto the said E. B. and upon that accompt the said T. A. then and there did acknowledge himself to be in arrear and owing unto the said E. B. the sum of 12 l. to be paid unto the said E. B. when he the said T. A. should be thereunto requested Yet notwithstanding c. Money lent by joynt partners for a certain time and to be paid to the Survivor R. K. by c. complaineth of W. A. upon a Plea that he render unto him 20 s. of lawful English money which he oweth unto him and unjustly detaineth c. For that whereas the last day of February 1651. at the Castle c. the said R. K. and one R. W. now deceased being joynt partners of moneys and other commodities did lend unto the said W. A. 3 l. of lawfull c. to be paid to them or the Survivor of them on Easter Monday then next following of which said 3 l. the said W. A. paid to the said R. K. and R. W. in his life time the sum of 40 s. and there then remained unpaid the sum of 20 s. since which and about the Nativity of Christ 1652. the said R. W. died and the said R K him survived wherby action doth acrew to the said R. K alone to have and demand of the said W. A. the said 20 s. notwithstanding the said W. A. though often thereunto requested the said 20 s. to the said R. K. hitherto hath not rendred but the same to render hitherto hath refused and yet doth refuse whereupon the said R. K. saith that he is worse and hath damage to the value of 39 s. and 11 d. And thereupon produceth this suit For Rent in arrear R. M. by c. complains of H. D. of a Plea that he render unto him 30 s of c. which he owes unto him and unjustly detains from him For that the same R. M. the 10 day of Apr. c. year c. at the Castle c. demised granted and to farm let unto the said H. D. one Cottage or dwelling house one garth and four acres of arable land Meadow or Pasture with the appurtenances be they more or lesse lying and being at W. in the County oforesaid to have and to hold the said Cottage or dwelling house garth and arable land Meadow or Pasture with the appurtenances unto the said H. D. and his assigns from the Annunciation of the blessed Virgin Mary commonly called Lady day then next past for and during the term of three years then last following fully to be compleat finished and ended yielding and paying therefore yearly rent for the said premisses to the said R. M. for the first year of the said 3 years the rent of 3 l. present money and in hand to be paid to the said R. M. and 3 l. 10s of c. yearly to be paid to the said R. M. for the other two years residue of the said term at the feast of S. Michael the Archangel and the Annunciation of the blessed Virgin Mary by even and equal portions By vertue of which demise the said H. D. entred into the said Cottage or dwelling house and was and still is possessed of the same and because 35 s. for the half year rent ended at the feast of S. Michael the Archangel in the year c. is in arrear and unpaid unto the said R. M. therefore an action doth accrew to the said R. M. to have and demand of the said H. D. the said 35 s. nevertheless the said H. D. although he hath been often required the said 35 s. the same to the said R. M. he hath hitherto denyed to restore and pay and as yet doth deny to restore and pay to the damage of the said R. M. of 39 s. And therefore he brings this Suit c. For Seruants wages A W. by c complains of R. S. of a Plea that he render unto him 24 s. of c. which he ows unto him and unjustly deteynes from him For that whereas the said J. D. that is to say the day year c. at the castle c. retained the said A. W. to serve the said I. S. in the place of a Man-servant till the Feast day of St. Martin the Bishop in Winter then next to do and execute the lawfull occasions and commands of the said I. S. by the time aforesaid paying the efore the said A. W. 12 d. of c. which the said I. S. then and there paid to the said A. W. and also 24 s. more of c. for his sallary during the said time at the said Feast of St. Martin in the year c. aforesaid And the said A. W. in fact saith that he according to the said retainder did serve the said I. S. in the place of a man-servant and did and executed the lawfull commands and occasions of the said I. S. by the time aforesaid and that 24 s. for his salary for his said service by the time aforesaid due at the Feast of St. Martin the Bishop in Winter in the yeare c. above mentioned is yet arrear and unpaid by the said I. S.
T. by E B. his Attorney complains of R R. of a plea that he render unto him 20 s. of c. which he oweth unto him and unjustly detaineth from him c. For that whereas the said W. T. the 11th day of November in the yeare c. at c. being then Farmer of the Rectory of for one yeare then next following did let unto the said R R. all the Tythes of Corne being of and on six acres and three roods of arrable Land being part of the Land of O P. in VVeatherby aforesaid and parcell of the said Rectory for 20 s. of c. to be paid to the said VV T. in manner and forme following that is to say 12 s upon the Feast of St. Marke the Evangelist then next following and the other 8 s. upon the Feast of St. Martin the Bishop in Winter then next following Yet notwithstanding the said R. R. though often thereunto requested the said 20 s. to the said W T. hath not yet rendred but the same to render hath contradicted and yet doth contradict Whereupon the said W. T. saith that he is worse and hath damage to the value of 30 s. And thereupon produceth suit c. Vpon a Bond where one is bound to two and one dyes before the commencement of the Suit J. P. by vertue of a VVrit of Justicies c. complains of M. M. of S. yeoman otherwise called M. M. of S. Yeoman of a plea that he render unto him 40 l. of c. which he oweth to him and unjustly detaineth from him c. For that whereas the said M. M. the second day of May in the yeare c. at c. by his certain writing obligatory sealed with his seale and here in Court produced the date whereof is the day and yeare abovesaid did grant himselfe to owe and to be firmly bound unto the said I. P. and E. G. late of the City of Y. deceased in the sum of 40 l. to be paid to the said I. P. or E. G. or either of them when he should be thereunto requested which said E. G. afterward and before the commencement of this suit dyed and the said I. P. him survived and outlived by which action doth accrew to the said I. P. to have and demand of the said M. M. the aforesaid sum of 40 l. Notwithstanding the said M. M. though he hath beene often requested the said 40 l. unto the said E G. hath not rendered nor to the said I. P. since the death of the said E. G. hath not rendered but to render c. Another upon the same I. H. by vertue c. complains of VV. H. of L. otherwise called c. of a plea that he render unto him 20 l. which to him he oweth and unjustly detaineth c. For that whereas the said VV H such a day and yeare at c. by his writing obligatory did acknowledge himselfe to be bound to the said I. H. and one M. H. now dead whom the said I. H. hath survived in the aforesaid 20 l. to be paid unto the said I. H. and M. H. or either of them when he should be thereunto requested Yet the said VV. H. although often requested the aforesaid 20 l. to the said I. H. and M. H. or either of them in the life-time of the said M. H. or to the said I. H. after the death of the said M. H. whom c. hath not rendered but the same to them to render hath denyed and the same to the said I. H. yet to render doth deny Whereupon he saith that he is made worse and hath damages to the value of 30 l. And thereof he bringeth his suit c. And bringeth here into the Court the writing aforesaid which testifieth the said debt in manner aforesaid the date whereof is the day and year abovesaid Vpon a Bond for an Executor against Sisters as Co-heires one of them being married T. P. Executor of the Testament of VV. P. by Writ c. complains against R. M. late of L. Knight and A. his wife and L B. late of L. Spinster daughters and co-heirs of C B. Gent. lately called C B. c. of a plea that they render unto him 80 l. which from him they unjustly detain c. For that whereas the said C B. Father of the aforesaid A. and L. whose heirs they are in his life time the 10th day of June c. at c. by his writing obligatory did acknowledge himselfe to be bound to the said W. P. in his life time in the aforesaid 80 l. to be paid unto the said W. P. when he should be thereunto requested And to the same payment well and faithfully to be made the aforesaid C. B. hath bound himselfe and his heires by the same writing Yet the said C. B. in his life time and the aforesaid A. and L. daughters and co-heirs of the said C. B. after the death of the said C. B. whilst they were sole and the said R. and A. and L. after the Marriage between them the said R. and A. celebrated although often requested the aforesaid 80 l. to the said W. P. in his life time or to the said T. P. after the death of the said VV. P. have not rendred but the same to them to render have denyed and the aforesaid R. and A. and L. the same to the said T. P. yet to render doth deny and unjustly detaine whereupon he saith that he is made worse and hath damage to the value of 10 l. And thereof he brings his suit c. And he bringeth c. as in another upon a Bond for an Executor c. Vpon a Bond against an Administrator for an Administrator during the minority of the Executor of an Executor W. T. E. his Wife Administratrix of the goods and Chattels which were of E. A. of H. late of Executor of the Testament of E. A. of T. by Writ c. complains against M. C. c. Administratrix of the Goods and Chattels which were of R. C. who dyed intestate c. lately called R. C. of T. in the County of Yo. Gentleman of a plea that she render unto them 40 pounds which from them shee unjustly deteyneth c. For that whereas the sayd R. C. in his life time the fourth day of January c. 1649. at Y. by his certaine writing obligatory did acknowledge himselfe to be bound to the said E. A. of T. in his life time in the aforesaid 40 pounds to be paid unto the said E. A. when he should be thereunto requested Yet the said R. C. in his life time and the aforesaid M. C. after the death of the said R. C. to whom the Administration of all the Goods and Chattels which were of the said R. C. at the time of his death at Y. aforesaid after the death of the said R. C. was committed although often requested the aforesaid 40 pounds to the said E.
kept and saved harmlesse and indempnified although this to do the same C L. afterwards to wit such a day yeare and place aforesaid by the said R R. was required by which and for that that the aforesaid 12 l. and 12 s. to the said G. VV upon the aforesaid first day of May according to the forme and effect of the Condition aforesaid were unpaid the aforesaid G W. afterwards to wit in such a term and yeare in the Court of c. before c. did implead him the said R R of and upon the aforesaid writing obligatory of the aforesaid 24 l. and that plea insomuch did prosecute that the same R R. not onely pounds of and upon the writing obligatory aforesaid to the said G W. was forced and compelled to pay but also divers sums of money about the defence of the suit aforesaid was forced to expend and lay out whereupon he saith that he is damnified c. Trover and Conversion J. B. by Writ c. complains of J. C. in an action of Trespasse upon the Case For that whereas the said I B. the day yeare c. at the Castle of c. was possessed of one gray Mare of the price of ten pounds as of his own and being thereof so possessed the said I B. the day yeare c. aforesaid the said Mare out of his hands and possession was casually lost which said Mare afterwards that is to say the day year c. at the Castle c. came to the hands and possession of the said I C. sufficiently knowing the said Mare to be the Mare of the said I B. and to him of right to belong and devising to deceive the said I B. of the said Mare though often thereto required the said Mare to the said I B. hath not restored but the said I C. afterwards that is to say the day year c. the said Mare to his owne use and profit converted and disposed to the great losse of the said I B. By reason whereof he saith he is damnified 20 l. And therefore commenceth this suit c. Detinue T. V. by vertue of a Writ c. by E B. his Attorney complains of R M. upon a plea that he render unto him goods and chattels to the value of 20 l. of c. which he unjustly detaineth from him c. For that whereas the said T V. the day year c. at the Castle c. did deliver to the said R. M. one Cow colour black of the value of 5 l. one gray Nag of the value of 10 l. and 14 yards of French green broad Cloath of the value of 5 l. to be safely kept and to the said T V. where he the said R M. should be thereunto requested to be delivered Yet notwithstanding the said R M. although thereunto requested the goods and chattels aforesaid to the said T V. as yet hath not redelivered but the same to redeliver hitherto hath contradicted and as yet doth contradict and unjustly detains whereupon the said T V. saith he is worse and hath damage to the value of 30 l. And thereupon produceth suit c. Trespasse For breaking downe the Plaintiffs Stall being set up in the Market A. O. complains of VV. C. of a Plea of Trespasse That the aforesaid W. C. the day year c. at S. in the County aforesaid and within the liberty and jurisdiction of this Court made an assault upon him the said A. O. and his close and house that is to say one stall there in the Market set up broke and entered and his wares that is to say drest leather to the value of 5 l. put upon his stall aforesaid displaced cut downe and spoyled and other enormious things to him did to the great damage of the said A O. whereupon he saith that he is the worse and hath damage to the value of ten pounds And thereupon he brings his suit c. For breaking the Plaintiffs Close c. I. A. complains of T. S. of a plea of Trespasse c. For that the said T. S. the day yeare c. a Close of the said I. A. called C. at S. in the County c. broke and entred and the grasse of the said I. A. then and there being of the value of ten shillings with certain goods and chattels that is to say with Kine Oxen Steers Horses Nags Mares Hogs and Sheep did depasture eate up tread under foot consume and spoyl continuing the said Trespass from the said day yeare c. aforesaid during the time of one whole moneth then next following at diverse dayes and times and other harmes to him did to the great losse of the said I. A. by reason whereof he saith he is damnified 39 s. And therefore commenceth this suit c. For a Dog biting of a Mare so that shee dyed H. S. complains of W. P. in an action of Trespasse for that whereas the said W. P. the day year c. at c. one Mare of the said H S. of the price of 10 l then and there being found did beat wound and chase and also with a Dog did bite so that by reason of the beating chasing wounding bruising and biting of the said Mare the said Mare then and there dyed And other harms to him did to the great damage of c. For chasing of Hogs with Dogs c. A. B. complains of C. D. of a plea of Trespasse wherefore he did chase two hogs of him thesaid A. B. at M. sound with certain Dogs insomuch by setting on those Dogs to bite the Hogs aforesaid That by that chasing and biting of the Dogs aforesaid the aforesaid Hogs of the price of 40 s. dyed And other enormities c. For pasturing sheep in a rotten pasture by reason whereof they dyed A. B. complains of C D. of a plea of trespass Wherefore the Close of him the said A B. at L. did break and his 260. sheep of the price of 40 l. there lately found did take and did chase them into a certain corrupt pasture within the Village aforesaid out of malice detaining those sheep so long upon the pasture aforesaid that those sheep by corruptnesse of that pasture becoming rotten and infected dyed and other enormities c. For digging and plowing the Plaintiffs ground and taking away his Corne. T. S. complains of G G. in an action of trespass For that whereas the said G G. the day year c. at c. the Close of the said T S. being one acre of arable land lying in B. broke and entred and the soyl of the said close with his plow did dig and rip up And afterwards that is to say the day year c. aforesaid at B. aforesaid and within the Jurisdiction aforesaid for that the said G G. the aforesaid Close of the said T S. broke and entred and his corne that is to say two wain loads of Oates there lately cut down
shall well and truly serve his Highness the Lord Protector c. and the Lord of this Leete in the office of Hayward Beadel or Greve for this ensuing year and you shall duly and truly execute all Attachments and other process to you directed from the Lord or Steward of this Court and you shall present all pound breaches which shall be made within your office and also all Chattels Strayes and Waifes and in every other thing well and truly hold you in the same office So help you God c. It is usuall with Lords to grant their office of Bayliwick taking good securities in this manner A grant of a Bayliwick TO all to whom this present writing shall come A. B. of C. in the County of Y. sendeth greeting Know ye that I the said A. B. in the fidelity circumspection and due diligence of my beloved servant E. F. to me and my posterity hereafter to be done and performed very much relying and confiding Have made ordained and by this my present writing constituted the said E. F. of Town Mannor or Lordship of S. in the said County of Y. Collector and Receiver of all and singular my Rents Revennues Fines Amerciaments and Estreates of Court Leets or viewes of Frank-pledge there And of all other profits by reason of the said Court Leet or view of Frank-pledge any way arising emergent or coming to have hold exercise and occupie the said office to the said E. F. by himself so long as he shall well behave himself towards me and shall a true and just account of his Receits make unto me and the same shall well and truly pay and satisfie Takeing of me for his yearly wages 5l at the Feasts c. by equal portions by mine own hands after his account and full payment at every half year and the gifts rewards and emoluments to the same office due and accustomed In testimony whereof c. Curia Dominicalis OR COURT-BARON Of the first Original and Institution of Mannors and of this Court IF we labour to investigate the Antiquitie of Court-Baron we shall finde them as Ancient as Mannors themselves therefore we will inquire what a Mannor is together with the first institution of Mannors The word Mannor Manerium est nomen collectivum generale it comprehends Houses Lands Gardens trees c. and hath its Etimologie as some derive it a Manendo and then it taketh its name either from the Mannor House which the Lord maketh his dwelling place or else a manendo quia Dominus ac tenentes in Manerii sui circuitu cobabitant ac manent others compute its denomination from the Latin Manerium quasi Manurium because it is laboured with handy work by the Lord himself or which the Tenants are obliged to manure or else from the Lands remaining in the Tenants hands which are likewise tilled and manured others would have its appellation from the French word Manoir i. e. Mansions because the Lord remaineth there and hath his house which is called the principal house of the Mannor or from the French word Mesner which signifies to govern or guide because the Lord of a Mannor hath the guiding and directing of all his Tenants within the limits of his Jurisdiction and this is holden by some to be the most probable Etimologie and most consentaneous to the nature of a Mannor for a Mannor hisce diebus signifieth the Jurisdiction and Royaltie incorporate rather then the Lande or Scite When the pristine Kings of this Commonwealth who had all the lands of England in Demesne did conferr great quantities of land upon some great Personages with liberty to parcel the land out to other inferior Tenants reserving such duties and services as they thought convenient Such lands were called Mannors a Mannor consisting of two parts viz. 1. Demesne 2. Services And neither of them can make a Mannor without the other for a Messuage or Lands cannot be called demesnes without Tenants belonging to them to pay Rent and do services so on the other part though a man have Tenants to pay him Rents and do him service and no Messuage or lands whereupon to keep his Court. and to receive his Rents and services this cannot be called a Mannor but onely a Signtory ingrosse F. N. B. 3. 8. Likewise a Mannor must be by prescription and the services by continuance time out of minde and therefore a Mannor cannot be created at this day by the Protectors Patent it being an hereditament consisting of many real things and incorporated together before time of memory then a multo fortiori a subject cannot creat one yet may he in some sort enlarge a Mannor by adding some services unto it 9. Ass pl. 24 Br. tit tenure 26. A Customary Mannor what it is and what may be a good Mannor to maintain Coppy-holders NOw though a Mannor by his proper nature ought to consist of Demesnes and Services Yet in some cases that may be a Mannor and maintain Coppyholders and a Court Baron by usuage and custome which otherwise by Common law is no Manor nor can be so called c. As if diverse do hold lands by Coppy of the Mannor of Dale and so have done time out of minde and the like time there hath been no Freeholders to the said Mannor although this be no Mannor in his proper nature yet by usuage and custome it is a good Mannor to maintain Coppyhoders Carthrops Readings 12. And in Coo. 11. 17. 18. Sr. Henry Nevils case it is cleerly resolved by the whole Court that there may be a Customary Mannor and held by Coppy and that such a Customary Lord may hold Courts and grant Coppies and that such a Customary Mannor may passe by Surrender and Admittance and that Fines shall be paid upon admittance as well upon alienation as upon discent and there may be also a Customary Lord Mesne and a Customary Tenant as in case where the Mesnalty is a Tenancy at will at the common law of a Mannor and also if such a Customary Mannor be forfeited the Lord shall have the customes and services as appertaining unto the same and it is there said that the Mannor of Aylesham in the County of Norff. is held by Coppy By what names a Mannor may passe A Mannor may pass by several names as it may be known by the name of Priory or Chantery as appeareth by the book of 17. E. 3. fo 8. where a feofment was made of a Mannor by the name of Knights fee and this is there held to be good this having usually carryed the name of Knights fee and the same may well pass by this name either by Fine or by Feofment and in another place a Mannor was cognitum vocatum by the name of seven yard land as well as by the name of Mannor and passed How Court Barons were first Instituted At the Creation of Mannors the King delegated Courts to the Lords where
and present it for then the Lord shall have the Land holden of him by Escheat You shall understand that none shall have Lands in Fee-simple as heirs unto any man unlesse he be heire of the whole bloud for if a man have issue two sons by divers women and dieth seized of the same Land and the eldest entereth and dieth without issue the yongest shall not have the Land as heire unto his brother because he is of the halfe bloud but another heire of the fathers side shall inherit the same Land and if he have no heire on the Fathers side then the next hiere on the Mothers side shall not have the Land but the Lord of whom the Land is holden shall have it by Escheat and so when Land descendeth on the Mothers side the heir on the Mothers side shall inherit and not the heirs of the Fathers side Also you shall understand that filius in adulterio conceptus viz. a Bastard can never be heire unto any man nor have heire unto himselfe Therefore if any Bastard or any other Tenant have died seized without heirs you shall present 18. Also you shall inquire if any Tenant was seized of any Lands or Tenements and was put out of his Land by one who had not a right title and afterward died without any heire the Lord shall have his Escheat as well as if his Tenant had died seized 19. Also you shall enquire whether any Tenant of this Lordship hath committed any Petty treason felonies or murthers for the which he was hanged or for the which he had Judgement to be hanged though afterwards he payd his Charge and was delivered to the Ordinary and present it And whether any Tenant hath committed any Petty treason felony or murther for the which he hath abjured the Land for which he was outlawed or by death and present it For in all those cases the Lord of whom the Lands are holden shall have them by Escheat and also the evidences concerning the same 20. Also you shall enquire if there be any Rents Customes or Services withdrawne from the Lord-ship which of right ought to be done and present it and what Rents Customes and Services they are and by whom they are withdrawne and where the Land lieth that the Lord may have the remedy for the arrearages thereof Also you shall enquire whether the Copyholders or Fermers of this Lordship do uphold and repair their Tenements yea or no and present them You shall understand that every Tenant is obliged to three things viz. 1. That he be a true tenant to his Lord. 2. That he sufficiently repair his tenements 3. That he pay and do all suits Customes and Services at his dayes assigned for he tooke upon him to do so when he did Fealty and if he do not pay his Suits Customes and Services the Lord shall have good remedy and recover the same with his damages and if he be a Copyholder and do the contrary he forfeits his Copyhold 21. Also you shall enquire if any tenant of this Lordship which is obliged by reason of his tenure to do suit unto the Lord will do the same yea or no and present it and whether any have used to with-drawn their suit from the Lords Mill in not grinding their corn there and present it 22 You shall also enquire whether any Waif or Stray is or was within the Lordship and whether the Lord be answered of the same if not present by whom they are conveyed away Also you shall enquire if any Heriot be conveyed away and by whom and present it 23. You shall also enquire whether person have made Rescous against the Lord or any other Officer and present it Rescous is when the Lord distraineth in the land holden of him for his Rent or services in arrear or if the Lord come upon the lands and would distrain and the Tenant or some other will not suffer him this is Rescous Likewise if the Lord distrain for service behinde or for damage-Feasant and in driving cattell to pownd the Beasts enter into the house of the owner if he that distraineth pray deliverance and the possessor will not deliver them this is a Rescous therefore if Rescous have been made you shall present it 24. Also you shall enquire whether any person hath broken the Lords pownd that is to have taken away a Distresse put in and present it You shall understand that if the Lord do distrain any Tenant for Rent or Service in arrear he may impownd the same Distresse in a Common pownd if he will or in his owne ground or in his neighbours if he will by the licence of his neighbour and all those places in which the Lord doth impound any Cattell are called the Lords pownd but not so when another doth impound any Distresse in his own pownd or in his neighbours It behoveth him to give notice to the other party for that if the Distresse be quick he may give it meate and then if the Beast die for want of sustenance he that was distrained shall be at the losse and then he that distrained before may distrain againe for the same rent or duty 25. You shall also enquire if any Tenant within the precincts of this Mannor hath suffered any Farme or House to fall to decay which at any time since the first yeare of the Reigne of Henry 7. hath beene let with twenty acres of land and present it For if they suffer their houses to fall to decay the Lord may take and distrain for halfe of the issues and profits of the same and keep to his owne use untill such time as the houses shall be sufficiently builded and repaired viz. maintained again for husbandry 26 Also you shall inquire if any inhabitants or Commoners have over-charged the Common or High wayes or your Common fields by putting in more Cattell then they ought to do and whether any of them have put their Cattel in any the Commons aforesaid before the dayes agreed upon and present it for the Lord as it seems may distrain the surplusage damage feasant or else you may make among your selves orders and lawes for your owne profit that none shall do upon certaine penalties c. and by such Lawes the Inhabitants and Commoners shall be bound c. 27 You shall also enquire if any persons have made any pits in the high wayes and whether any person do commonly break hedges and suffer any Hogs to go unyoaked or unringed to the annoyance of their neighbors 28 You shall also enquire whether any persons have drained or stopped any wayes waters ditches paths or turned any of them into a wrong course and present it 29 Also if any have incroached any Land of the Lords viz. Land Meadow Pasture Wood Heath Moor or any other vacant land without license of the Lord by setting of his hedge pale or otherwise and present the same Note that
said C. D. the said Messuage Garden Land and Wood with the appurtenances from the said Feast of the Annunciation of c. until the Feast of the Annunciation of c. next before the time of the taking aforesaid had and occupied and for that that 30 s. of the said Lease by the said time unto him the said A. B. at the time of the said computation remained in arrear and as yet remaineth unpaid doth well avouch the taking of the said Cattel in the said place in which c. and justly c. And this he is ready to prove whereupon he prayeth judgment and the return of the said Cattel to be adjudged unto him c. The Defendant saith that the Goods were taken as a pawn or pledge for money lent ANd the aforesaid A. B. by c. comes and defends the force and injury when c. And as to the breaking the Close c. he is in nothing thereof guilty and as to the residue of the trespasse aforesaid supposed to be done the same A. B. saies the aforesaid C. D. ought not to have his action c. because he saith that the same C D. long before the said time wherein c. was indebted unto him the said A. B. in 22 s. for divers sums of money by him the said C. D. of the aforesaid A. B. formerly borrowed And afterwards and long before the said time the same C. D. by one E. his wife delivered to the aforesaid A. B. the aforesaid goods and chattels as a pawn for the aforesaid 22 s. to be held unto him the said A. B. in pledge until the said C. D. to the aforesaid A. B. the same 22 s. had paid And the same A. B. in fact saith that the aforesaid C. D. hath not as yet paid to him the said A. B. the aforesaid 22 s. which is the same Trespasse and taking and carrying away the aforesaid goods and chattels whereof the aforesaid C. D. above now complains And this c. whereupon c. Replication that he tooke them Injuria sua propria without such a cause ANd the said C. D. sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid because he saith that the aforesaid A. B. as of his proper injury and without such a cause above by him the said A. B. alledged the day and year aforesaid the aforesaid goods and chattels at R. in the said County of Y. found he took and carried away as the same C. D. by his Declaration aforesaid above supposeth And this he prayeth may be inquired of by the Countrey And the aforesaid A. B. in like manner Therefore c. Concord in Assault and Battery ANd the aforesaid A. B. in his proper person coms and defends the sorce and injury when c. And saith that as to the Trespasse aforesaid above supposed to be done the same A. B. sayes that the aforesaid C. D. ought not to have his action aforesaid against him because he saith that long after the Trespasse aforesaid was supposed to be made to wit the eighth day of July in the year c. aforesaid at S. aforesaid in the County aforesaid and within the liberty and jurisdiction of this Court the same A. B. and C. D. by the mediation of E. F. and G. H. their friends and acquaintance in a friendly manner comming between them in such manner it was agreed together between them that is to say that the aforesaid A. B. should pay to the aforesaid C. D. in amends and for satisfaction of that Trespasse five shillings of lawfull money of England which the said A. B. the said five shillings of c. to the aforesaid C. D. then and there paid according to the force form and effect of the concord aforesaid And this c. whereupon he prayes Judgement c. Replication No such Concord or Agreement made ANd the aforesaid C. D. sayes that he by any thing prealledged ought not to be debarred from having his action aforesaid because he saith that there was never any such concord or agreement had between them the said C D. and A B. in manner and form as the said A B. hath above alledged by pleading And this he prayes may be inquired of by the Countrey and the aforesaid A B. in like manner c. The Defendant saith that as to the taking of the Oxe that he tooke it by the name of an Heriot ANd the said C D. by c. cometh and defendeth the force and wrong when c. And as to the taking of the said Oxe the said C D. doth well avow the taking of the said Oxe in the said place in which c. and justly c. because he saith that long before the taking of the said Oxe before supposed one I G. was seized of one Messuage with the appurtenances in W. aforesaid in his Demesne as of see and so seized held the same of the said C D. by fealty and the rent of 12 d. unto him the said C D. every year at the feasts of the Annunciation of the blessed Virgin Mary c. of S. Michael the Archangel to be paid by equall portions and also by Services that every tenant of the said Messuage with the appurtenances thereof seized in his Demesne as ofsee or in use from the time of which contrary c. he ought and had accustomed to render unto the said C D. and his heirs the best animal living of the same tenant of the said Messuage with the appurtenances so thereof dying seised in his Demesne as of see or in use by the name of Heriot of which services the said C D. was seized by the hands of the said I G. as by the hands of his true tenant that is to say of the said Fealty as ofsee and right and of the said Rent in his Demesne as of see And afterward the said I G. died of the said Messuage with the appurtenances seized in his Demesne as ofsee And because the said Oxe was the proper Oxe of the said I G. at the time of his Death the said C D. that Oxe as the best animal which was of the said I G. at the time of his death by the name of a Heriot he took and justly c. Justification in Trespasse for want of reparation of the hedges by the Plaintiffe ANd the said A and B. by I R. their Attorney come and desend their force and injury where c. And as to the breaking of the Close aforesaid and the eating up treading down and consuming the grasse aforesaid the same A and B. say that the aforesaid D. ought not to have his action aforesaid against them because they say that at the time of the Trespasse aforesaid supposed to be made were and are seized of a certain Close of Pasture near adjoyning to the said Close of the aforesaid D. in which the grasse aforesaid in S.