or had but by that whole time were and every part and parcell thereof was altogether discharged from the payment of such Tythes as afore it is said And whereas also such causes or businesses and the Cognizance of the same Pleas of Tythes against the form of the aforesaid Acts and Statutes demanded should not appertain to the Ecclesiasticall Court in any manner notwithstanding the said W.S. Farmer of the Rectory of R. in the said Counties of Warwick Worcester Diocesse not being ignorant of the Premisses thinking him the said W.C. against the due form of the Law of this Kingdom of England and against the form and effect of the said Statute unduly to grieve oppresse and weary and also the said now Queen and her Regall Crown and the Cognizance of Pleas to deprive which to the said Queen and her Regall Crown and not to the Court Christian doth belong to another Tryall in the Christian Court to bring him the said W.C. into the said Court before the Worshipfull c. as insuing of and for the taking away and non-payment of the Tyth of Hay by the said W. C. of in and upon the Tenements with th' appurtenances in the year of our Lord 1570. from thence comming had and taken the supposed Tyth of that Hay to have been thereout comming of the said Closes called R. and M. and of divers parcells of Meadow unto the same adjoyning and unto the Mannor of P. belonging and appertaining within the bounds and Limits of the said Parish Church of R. and the tythable places of the same brought into the Plea and the said W. S. him the said W. C. in the Court Christian aforesaid before the said spirituall Judge by the said occasion to appear and unto the said W. S. of and in the Premisses unjustly inforced to answer And although the said W. C. the said matter in this suggestion conteined in the said Court Christian before the said spirituall Judge in his discharge in the Premisses had pleaded and brought inevitable testimony to prove the same Notwithstanding the said Judge altogether refused to admit the said Plea and allegation And the said W. C. in the said cause if Substraction of the said Tyth to condemn and to compell him to pay the said Tyth of Hay by the definitive sentence of the said Court Christian and with all his forces indeavoured and from day to day was dâ—vising to the Contempt of the now said Queen and the Damage prejudice impoverishing and manifest grievance of him the said W. C. and against the force form and effect of the said Statute And this the said W. C. is ready to prove Whereupon the said W. C. most humbly imploring the aid and munificence of the Court of the said Queen unto him desireth Remedy and a Writ of the said Queen of Prohibition unto the said spirituall Judge or unto any Competent Judge in this behalf whatsoever to be directed that neither they nor any of them the said Plea touching the premisses in what manner soever before them or any of them may any further hold c. And it is granted to him c. A Declaration for that the Defendant 〈◊〉 pâ—osecuted in the Court Christian after the Queens Prâ—hâ—bâ—tion U. K. Esquire who aswell for the said Queen prosecuteth as for himself Complaineth of W.S. Farmer of all and singular the Tythes to the Rectory of the parish Church of Badby with Neâ—â—ham in the County of Northampton aforesaid in the Diocesse of Peterborrough and of the Province of Canterbury in the Custody of the Marshall c. of a Plea wherefore he is prosecuted in the Court Christian against the Queens Prohibition unto him formerly thereof to the contrary directed and delivered for that Suggestion for Prohibition for that the said Rectory unto an Abbot was appâ—opriate and hâ—ld discharged of the payment of any Tithes that is to say that whereas within the said Parish of B. with N. in the said County of N. there hath been and remained and from the time of which contrary the Memory of men remaineth not there had been accounted and there were aswell a Rector and a Vicar as a Rectorie and Vicarage of the parish Church of B. with N. aforesaid which said Rectory is and from time out of the memory of man was a Rectorie appropriate And whereas Philip late Abbot of the late Monastery of the blessed Mary of St. Ogwin of Eversham in the County of VVorcester at the time of the dissolution and suppression of the same late Monastery and all his Predecessors Abbots of the same late Monastery for the time being from the time out of the memory of man were seized aswell of the said Rectory with th' appurtenances as of D. acres of Land 40. acres of Meadow Together at once and all at once seized and 100. acres of Pasture with th'appurtenance in B. with N. aforesaid called the Demesns together and at once and all at one time in his Demesn as of Fee in the right of his said late Monastery and that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being the said Tenements with th' appurtenances called the Demesns and every parcell thereof from time out of mind untill at the time of the dissolution or suppression of the said late Monastery And also the said late Abbot at the time of the dissolution or suppression of that Monastery held and enjoyed discharged and acquitted of and from the payment of the Tythes following that is to say of the Tythes of Grain Hay of in or upon the said Tenements with th' appurtenances called the Demesns yearly in whatsoever manner growing happening renewing or comming and the Tythes of Lambs and of Wooll sheer'd by Sheerers falling and happening of Sheep in or upon the said Tenements with th' appurtenances depasturing feeding and lying and also of the Tythes of Heifers and of Milk falling happening and milkt of Cowes in and upon the same Tenements with th'appurtenance depasturing feeding and lying and also the Tythes of Herbage and of whatsoever dry or barren Cattell in and upon the said Tenements with th'appurtenance depasturing feeding and lying and also of the Tythes of Pigs falling and happening of Sows in and upon the same Tenements with th' appurtenances depasturing feeding and lying and also of the Tythes of Wood and Underwood growing and happening in and upon the said Tenements with th'appurtenance And whereas the said late Abbots as well of the said Rectory with th'appurtenance as of the said Tenements with th'appurtenance called the Demesns for the payment of the said Tythes for the said occasion afore alleged is discharged as before it is said Statute of 31. H. 4. for holding religious Lands in such form as Abbots c. and others held being seized by a Statute in Parliament of H. 8. late King of England held at VVestminster the 23. day of April in the 31. year of
appurtenances in those years of the Lord depasturing feeding and lying c. and so repeat all the Tithes the Defendant sued for in the 8th day of October in the 31. year of the Reign of the said now Queen at London that is to say in the Parish of the blessed Mary in the Arches c. drew into Plea and the said Defendant him the said V. the now Plaintif into the said Court Christian before the said spirituall Judge by the said occasion altogether unjustly inforced to appear and to answer unto the Defendant of and in the premisses And although the said V. the now Plaintif the said Statute and the rest of the premisses in discharge of the payment of the said Tithes by the said Defendant in the said Court Christian as afore it is said being required often had pleaded and alleged and had brought to prove that truth inevitable testimony Notwithstanding which the said spirituall Judge altogether refused to admit that Plea and Allegation And the said Defendant him the said V. the now Plaintif in the said Court Christian in the said Cause of Substraction of the Tithes aforesaid with all his force indevoured and from day to day devised to condemn and to compell to pay the said Tithes unto him by the definitive Sentence of the said Christian Court. Delivery of the Writ of Prohibition alleged And although the Writ of Prohibition of the said now Queen unto the said Defendant the third day of November in the 31. year of the Reign of the said now Queen aforesaid at London aforesaid in the Parish of c. in this behalf in the premisses directed and was delivered Notwithstanding the said Defendant the said Plea after that Prohibition unto him to the Contrary thereof directed delivered as afore is said that is to say the seventh day of November in the 31. year of the Reign of the said now Queen abovesaid in the said Court Christian before the spirituall Judge at London aforesaid in the Parish c. was further sued and in that Plea proceeded notwithstanding the said Writ of the said Queen of Prohibition unto him in form aforesaid directed and delivered to the contempt of the said now Queen and to the manifest damage prejudice Impoverishment and grief of him the said V. the now Plaintif and against the form and effect of the said Acts and Statutes whereupon the said V. the now Plaintif who aswell c. saith that he is the worse and hath damage to the value of 26. pounds And thereupon aswell for the said Queen as for himself produceth the Sute c. with this that the sayd V. the now Plaintif will prove that the sayd V.R. who demised the said Tenements with th' appurtenances called the Demesns unto the said V. the now Plaintif in form aforesaid is yet alive and in full life at B. with N. aforesaid remaineth And the said Defendant by Stephen Worley his Attorney commeth Defendant saith that the Abbot did not hold the Tenements discharged from the payment of Tithes and defendeth the force and Injury when c. all Contempt and whatsoever c. And saith that he did not sue the said Plea in the Court Christian aforesaid after the Queens Prohibition unto him to the contrary thereof first directed and delivered in manner and form as the said Plaintif above and against him Complaineth And of this c. And the said c. But for Consultation of the said now Queen thereupon had the said Defendant protesting that the said Rectory is not nor from the time c. was a Rectory appropriate Protestation and protesting also that the said late Abbot of the said late Monastery of the blessed Mary and St. Egwyn of Evesham aforesaid at the said time of the dissolution and suppression of the said late Monastery by all his Predecessors Abbots of the same late Monastery for the time being from the time of which to the contrary c. were not seized aswell of the Rectory aforesaid with th' appurtenances as of the said 500. acres of land 40. acres of Meadow and 100. acres of Pasture with th' appurtenances in B. with N. aforesaid called the Demesns Together at once and all at once together at once and all at once in his Demesn as of Fee in the right of his said late Monastery And also protesting that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being did not hold the said Tenements with th'appurtenance called the Demesns and every parcell thereof from the time of which to the contrary c untill the said time of the dissolution or suppression of the said late Monastery in manner and form as the said Plaintif afore against him complaineth for Plea the said Defendant saith that the said late Abbot at the said time of the dissolution or suppression of that Monastery did not hold and enjoy the said Tenements called the Demesns and every parcell thereof discharged and acquitted of and from the payment of the said Tithes in manner and form as the said Plaintif before against him complaineth And of this c. And the said c. therefore c. England ss Mich. 11. 22. of Eliz. Statute of 13. R. 2. MEmorandum that such a day in that same Term before the said Queen at Westminster came Jo. Osborn in his proper person and giveth the Court of the said now Queen here to be understood that whereas in the Statute in Parliament of the late Lord Richard late King of England the second after the Conquest at Westminster in the County of Middlesex in the 13th year of his Reign held published amongst other things that the said Admiralls or their Deputies of any business within the Kingdom of England unless onely of a matter upon the Sea done Suggestion for a Prohibition to the Admiralty for that it holdeth Plea for words Statute of 15. year of R. 2. as in the time of the said now Queen Elizabeth the third year of the Reign of _____ late King of England was duly used and in no wayes whatsoever they themselves should hinder And whereas also in the Statute in Parliament of the late King Richard the second at Westminster aforesaid in the 15th year of his Reign held amongst other things Ordeined and firmly it remaineth that all manner of Contracts Pleas and Plaints and all other matters arising within the body of the County aswell by Land as by Water and also of Wreck of Sea the Court of Admiralty should in no wayes have the Cognizance power nor Jurisdiction Cognizance of Plea And that all such Contracts Pleas and Plaints and all other Emergencies within the body of the County aswell by Land as by Water as before is said and also Wreek of Sea should be tryed ended discussed and remedied by the Lawes of the Land and not before the Admirall nor by the Admirall nor by his Deputy in any
and B. W. before alleged saith that one W. I. was seized of the said Mannor of H. whereof the whole place in which c. is parcell in his Demesn as of Fee and as yet remaineth and so thereof seized in the Feast of St. Michael th'Arch-Angell in the 20th year of the Reign of the said now King at H. Demised unto the said I.I. that Mannor with th' appurtenances To have to him and his Assigns at the Term of ten years then next following and fully to be compleated by virtue of which said Demise the said I. I. of that Mannor with th' appurtenances of such estate was possessed and as yet remaineth And so saith that he doth hold the said Mannor with th' appurtenances at the term of years in form aforesaid the said Freehold and Fee thereof being in the person of the said W. I. without which said W.I. the said I.I. saith that he cannot answer unto the foresaid W. and W. to the said Acknowledgement and prayeth Ayd of him the said W. I. and hath c. Therefore the Sheriff is Commanded that he summon by good Summons the said W. I. that he be before the Lord the King such a day wheresoever c. to answer unto the said W. and B. together with the said I. and I. to the said acknowledgement if c. the same day is given unto the parties c. At which day before the said King at Westminster commeth aswell the said I. I. as the said W. and B. by their said Attorney Essoyn of a bad retorn and the said W. I. then caused himself to be Essoined of a bad retorn comming After which Summons c. of the said Plea and hath thereupon day by his Essoin here untill to this day that is to say such a day then next following c. And now here at this day commeth aswell the said I. as the said W. and I. by their said Attorney And the said W. I. the Summons unto him in the said County being made by W. S. his Attorney likewise commeth and joyneth himself with the said I. I. to answer unto the said W. and B. together with the said I. I. to the acknowledgement aforesaid Enquire if the retorn of the Sheriff that he had not summoned should not be expressed here Joyn in aid Impartance And upon this aswell the said I. as the said W. I. prayeth Licence thereupon to impart here untill in c. of St. Michael and they have c. the same day is given to the said W. and B c. At which day here commeth aswell the said I. I. and W. I. who joyneth c. as the said W. and B. by their said Attorney And the said I. I. and W. I. say that the said W. B. and B. the taking of the said Sheep in the said place in which c. for the reason by them before alleged they ought not to acknowledge just because they say that one T. D. and W. D. were seized in their Demesn as of Fee of the said Mannor of H. with th' appurtenances whereof the said place in which c. is parcell long before the said R. had any thing in the said Mannor Plaintif saith that the Grantor had nothing in the Mannor unless by Disseisin and that the Grant made of the Rent was in the mean between the said Disseisin and the re-entry of the Plaintif untill the said R. them the said T. and W. B. of the sayd Mannor unjustly disseized and without Judgement of Disseizin And afterwards the said T. and W. into the said Mannor with th' appurtenances upon the possession of him the said R. re-entred And they say that the said Graunt of the said Rent was made in the mean-while between the said Disseizin and the said Re-entrie of the said T. and W. And this they are ready to prove whereupon they doe not intend that the said W. and B. the taking of the said Sheep in the said pâ—ace in which c. for the reason by them before alleged cannot acknowledge And from which they the said W. and B. the taking of the said Sheep before acknowledged pray Judgement c. and their Judgement by that occasion to be adjudged unto them c. ss AND they the said W. B. and B. say thâ—t they by any matter before alleged from the said taking acknowledged just Defendant maintaineth the Plaintif without this that the said R. disseised the said Plaintif c. ought not to be precluded because they say that one B. once was seized of the said Mannor of H. with th' appurtenances in his Demesn as of Fee and so thereof seized gave and granted unto the said R. that Mannor with th' appurtenances To have to him and his Heirs for ever by virtue of which the said R. was thereof seized in his Demesn as of Fee at the Graunt made of the said Rent Without this c. Without this that the said R. Disseized the said T. and W. D. of the said Mannor of H. with th' appurtenances as the said I. I. and VV. I. who joyneth himself c. before have alleged And this they are ready to prove Whereupon he prayeth Judgement and the retorn of the said Sheep to be adjudged unto him c. ss AND they the said J. J. and VV. J. who joyneth himself Plaintif saith that he disseised c. c. say that the said R. disseised the said T. and VV. of the said Mannor of H. as they the said J. J. and VV. I. before have alleged and this they pray that it may be inquired of by the Country And the said VV. and B. likewise Defendant avows the taking of the Cattell for rent behind and Service undone c. therefore c. ss AND the said T. S. in his own person commeth and defendeth the force and injury when c. and doth well avow the taking of the said Cattell in the said place in which c. and justly c. because he saith that the said J. is and at the day of the said taking was seised of one Messuage and fifteen acres of Land in the said Town of H. whereof the place in which c. is parcell in his Demesn as of Fee and those Tenements with th' appurtenances doth hold and at the day of the said taking held of him the said T. as of his Mannor of I. by Fealty and the Rent of 3. shillings and 4. pence unto the said T. at the Feast of Easter and of St. Michael the Arch-Angell by equall portions yearly to be payd and by the Service to reap two acres of Rye and two acres of Oats in the Harvest and to fill the Lords Cart to dung a piece of Land called Beroland in the Demesns of the Land of the said Mannor growing and being every year by one dayes work and doing Sute to the Court of him the said T. of J. at H. from three weeks of which said Services he
late King Father of the Lord the now King neither in the actuall or reall possession of the Lord the now King neither excepted in the foresaid Act of the said late King or by any Commission of the Lord the now King altered otherwise disposed neither changed by pretence of which said Act of the said Lord the now King the same Lord the now King from the said Feast of Easter in the said Act specified was of the Messuage aforesaid with th' appurtenances seized in his Demesn as of Fee and so being thereof seized the said Lord the now King afterwards and before the said time of the aforesaid Trespass done by his Letters Patents the Date whereof is at Westminster the twentie first day of May in the third year of his Reign gave and granred and by his the said Letters Patents confirmed unto one I.H. B.B. the foresaid Messuage with th'arpurtenances among other Lands and Tenements to have hold and enjoy unto them the said I. and B. their Heirs and Assigns for ever by vertue of which said Grant they the said I. and B. were of the said Messuage with th' appurtenances seized in their Demesn as of Fee and so thereof being seized they the said I. and B. afterward and before the said time of the foresaid Trespass done that is to say sixth day of May in the year of the Reign of the Lord now King third at London aforesaid in the Parish and Ward aforesaid they gave and granted the said Messuage with th' appurtenances unto the same R. H. To have hold and enjoy the aforesaid Messuage with th' appurtenances unto the said R. H. his Heirs Trespas granted by Letters Patents of the King and Assigns for ever by pretence of which said Gift and Grant the said R. H. long before the said time in which c. into the said Messuage with th' appurtenances entred and was thereof seized in his Demesn as of Fee untill the said I. the day and year abovesaid in the said Declaration above specified with force and arms c. into the said Messuage with th' appurtenances broke in manner and form as he above c. against him complaineth Without this Without that that the said R. C. Demised Granted and to Farm let unto the foresaid I. R. the said Messuage with th' appurtenances in manner and form as the said I. above in pleading hath alleged and this c. VVhereupon from which the said I. the said Trespass above done acknowledged prayeth Judgement and his Damage by that Trespass to be adjudged unto him c. And the said as I. before saith that the said Richard C. Demised Granted and to farm let unto the aforesaid I. R. the said Messuage with th' appurtenances in manner and form as she hath alleged and of this putteth her self upon the Countrey c. ss AND the said G. B. by W. W. his Attorney commeth and defendeth the force and Injury when Defendant justifies that the place is parcel of the M. of R. and that he as Servant of the Lord of the Mannor broke the Close and so justifies c. and as to the coming with force and arms c. and also the whole Trespass aforesaid above supposed to be done besides the breaking of the said Close saith that he is not guilty and as to the breaking of that Close the said G. saith that no Action c. because he saith that the said Close and also the place in which the said Trespass is supposed to be done are and at the said time of the said Trespass supposed to be done were two hundred and fifty acres of Heath and Furzes with th' appurtenances in W. aforesaid called Waldringfield Heath which said two hundred and fifty acres of Heath and Furzes lye between a certain way called the Procession way of Mertlesham dividing the said Furzes of W. Heath and certain Furzes called Marlad Heath in part and Land called Ringland late J. Kingbils in part of the Furzes called Brightwill Heath Abâ—ttals and Dapdalewey in part upon the South and Land called Colecroft in part and Land lying in the Town of Martlesham and the Heath in Martlesham and the Dâ—tch called Fexall Ditch of the North part and one head of the said Heath called Waldringfield Heath abutting upon the terre Tenements appertaining to the Mannor of Rivershall and Waldringfield against the east and other two hundred and fifty acres of Heath and Furzes are and at the said time in which c. were parcell of the Mannor of Rivershall in W. aforesaid Which said Mannor is and at the aforesaid time in which c. was the ground and Freehold of one I. and M. by which the Defendant as the Servant of them said I. and M. and by their Command the Close aforesaid as the proper Close and ground and freehold of them the said I. and M. did break as to him it was lawfull and this c. whereof c. Plaintif saith that the place c. is not parcell of the M. of R. but that one I. P. was seized and so seized Demised two hundred acres of oâ— Land parcell of the hundred and fifty acâ—es in bar specifies the Plaintif to hold unto the Plaintiff at the Will of the Lessor ss NOT to he precluded because he saith that the said Close and also the places in which the said Trespass whereupon the said R. himself above in manner Complaineth was done are and at the time of that Trespass were two hundred acres parcell of the said two hundred and fifty acres of Heath and Furzes in barre aforesaid before specified whereupon long before the said time of the foresaid time done one I. P. was seized in his Demesn as of Fee and the said I. so being thereof seized the said I. before the said time of the said Trespass done that is to say such a day and year at N. in the County aforesaid Demised the said two hundred acres of Heath and Furzes with th' appurtenances unto the said R.W. To have and to hold the said two hundred acres of Heath and Furzes with th' appurtenances unto the said R. at the will of her the said Jane by vertue of the same Demise the said R. into the said two hundred acres of Heath and Furzes with th' appurtenances before the foresaid time of the said Trespass done entred and was thereof possessed untill the said G. B. at the time of the said Trespass done the foresaid Close did break in manner and form as the said R. himself above Without this and in manner complaineth Without this that the said two hundred acres of Heath and Furzes are and at the time of the said Trespass done were parcell of the Mannor of Rivershall in manner and form as the said G. B. before in pleading hath alleged and this c. Whereupon from that the said G. the Trespass aforesaid before acknowledging the said R. prayeth Judgement and his Damages by reason of that
alleadged And this c. Whereupon for that the same VV. and T.C. the taking of the Oxe aforesaid above acknowledge they pray judgement and their damages upon that occasion to be adjudged unto them c. Issue upon the Herriot custome AND the aforesaid W. and T. say that the aforesaid Bishop and all his Ancestors and all they whose estates he the said Bishop hath in the Mannor aforesaid with the Appurtenances hath had and from the whole time aforesaid were used and accustomed to have of all and all manner of Tenants of every Tenant of the Mannor aforesaid who held Lands or Tenements from the Lord of the Mannor c. as of the same Mannor and doe alien those lands and Tenement or any parcel thereof to any person or persons in Fee Notice thereof in the life time of him who shall so sell those Lands or Tenements by them or by him to which or to whom those Tenements shall be sold to the Lord of the same Mannor for the time being not being given and made after the death of such Tenant so alienating the best living beast which was his the said Tenant so alienating at the time of his death in the name of a customary Herriot as the same W. and T. above have alleadged And of this they put themselves upon the Country c. AND the aforesaid R.J. A.E. J.C. and R.L. by R. G. their Attorney come and defend the force and injury Some of the Defendants plead not guilty and others justifie for that the place in which c. is the Kings highway Trin. 16. Hen. 7. Rol. 35. whom c. And the aforesaid R.I. A.E. and R. say that they are in nothing guilty c. And of this c. And the aforesaid Plaintiffe in like manner c. And the aforesaid J.C. as to the comming with force and Armes c. as also the whole trespasse aforesaid besides the breaking of the Close aforesaid saith that he is in nothing guilty c. And as to the Trespasse aforesaid of breaking the Close aforesaid supposed to be done the same I.C. saies that the aforesaid Plaintiffe ought not to have his action aforesaid against him because he sayes that the place in which the Trespasse aforesaid is supposed to be made is and at the time wherein c. was seven Acres of Land called Otefield-brook with the Appurtenances in W. aforesaid whereof the said I. C. at the time of the Trespasse aforesaid supposed to be made and long before the said time was seized in his Demesne as of Fee Over which said seven Acres of Land with the Appurtenances is and from time out of minde was the Kings common high-way tending and leading from the Kings way there called the Ashford high-way unto the Village of Adelsford in the County aforesaid containing in breadth eight foot that is to say as well for horsemen as for foot-men there by the same way willing to ride or journey And further he the same I.C. saies that he the aforesaid time wherein c. did ride and travell from the aforesaid Kings way called Ashford high-way unto the village of A. aforesaid over the aforesaid seven Acres of Land using that high-way of the Kings there as it was lawfull for him to do which said riding by that high-way of the Kings over the aforesaid seven Acres of land is the same breach of the Close whereof the aforesaid I. C. above complaines c. And this c. whereupon he prayes judgement whether the action c. And the aforesaid Plaintiffe sayes that he ought not to be debarred from having his action aforesaid against the aforesaid I. C. because hee saith that the foresaid I. C. together with c. the day and yeer aforesaid by Force and Armes aforesaid of his proper injury the Close aforesaid in the aforesaid seven Acres of land did breake and also his grasse upon the same seven Acres of Land then growing with the cattell aforesaid did eat up tread down and consume in manner and forme as the same I. C. above now complaineth VVithout that that there is The Traverse or from the aforesaid time out of minde c. there was a common Kings high way tending and leading from the Kings high-way there called Ashford high-way unto the village of Adelsford as well for horsemen as for footmen over the aforesaid seven Acres of Land in manner and forme as the aforesaid I. C. above by pleading hath alleadged And this c. VVhereupon for that the same I. C. the Trespasse aforesaid of breaking the Close aforesaid above acknowledgeth he prayes judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid I.C. as formerly saith that there is Issue upon the Traverse and from the said time out of minde c. there was a common Kings high-way tending and leading from the aforesaid high-way called Adelsford high-way unto the village of Adelsford aforesaid as well for horse-men as for footmen over the aforesaid seven acres of Land with the appurtenances in manner and forme as the aforesaid I. C. above by pleading hath alleadged And of this hee puts himselfe upon the Country and the aforesaid Plaintiffe in like manner c. The Defendants plead that a stranger was seized c. And Enfeoffed certaine c. And justifie the Trespasse as servants to the Feoffees Paschae 19. Hen. 7. Rol. 60. AND the aforesaid T. and VV.B. by T.S. their Attorney come and defend the force and injury when c. And as to the coming by force and armes or whatsoever c. not guilty And as to the residue of the Trespasse aforesaid supposed to be done the same T.A. and VV. say that the aforesaid T.R. ought not to have his action aforesaid against them because they say that the place in which the Trespasse aforesaid is supposed to be done is and the aforesaid time wherein c. was one Garden three Crofts of Land containing twelve acres of Land and one Pagholl in L. aforesaid whereof one E.B. long before the said time wherein c. was seized in his demesne as of Fee And so being thereof seized by his certaine Deed indented long before the said time enfeoffed F.A. and I.R. to have and to hold to them and their heires for ever By vertue of which said Feoffement they the said R. and I. long before the aforesaid time Colour by Feoffement wherein c. were thereof seized in their demesne as of Fee And the aforesaid T.R. claiming the Tenements aforesaid with the appurtenances by colour of of a certaine demise to him thereupon made for terme of his life by the aforesaid Edmond long before the aforesaid Feoffement to them the said F. and I. made where nothing of the aforesaid Tenements with the appurtenances into the possession of him the said T.B. by that Deed ever passed into the same Tenements with the appurtenances long before the said time of the
lost afterwards to wit such a day yeare and place to the hands and possession of the aforesaid I. C. by finding came yet the aforesaid I. C. knowing the writing aforesaid to bee the proper writing of him the said R. and to him the said R. of right to belong and pertaine plotting and contriving him the said R. wholly to debarre and exclude from the recovery of the aforesaid two hundred pound That writing to him the said R. although afterwards to wit such a day yeare and place hee hath beene thereupon required hee hath not delivered but that writing to deliver to him the said R. hitherto hee hath altogether refused and the writing aforesaid and the profit thereupon comming afterwards to wit such a day yeare and place to his the said I. C. proper use and profit hee hath converted and disposed to the damage of him the said R. three hundred pound And thereupon hee brings his Suit c. Trâ—ver for a Ring Sur. I. G. complaines of G. C. in the custody of the Marshall c. for that that is to say whereas the same I. such a day yeare and place was possessed of a certaine gold Ring and one precious Stone called a Puffyn set and infixed in the same Ring as of his owne proper Ring And so as in other Actions of Trover The Defendant pleads he bought it in open Market AND the aforesaid G.C. in his proper person comes and defends the force and injury when c. And sayes that the aforesaid I. ought not to have his action aforesaid against him because by protestation that the aforesaid Ring the aforesaid time wherein c. was worth but seven shillings and no more And that the aforesaid I. was not thereof possessed as of his proper goods and chattels in manner and forme as the same I. above against him complaineth For Plea he saith that the City of London is an ancient City of our Lady the Queen and of her Progenitors late Kings of England And that within the same City there is had and from time out of minde there hath been had a certaine publicke and open Market in every open place within the same City weekly every day in the week the Lords day onely excepted for all manner of persons to buy and sell whatsoever matters and merchandizes within the City aforesaid in every part of the same City in all open places and shops of the City aforesaid every day in the week the Lords day onely excepted from the rising of the Sunne to the setting of the same And that long before the said time wherein c. to wit such a day and yeare one R.A. was possessed of the Ring aforesaid at the City of London in the Parish of St. Botolphs in the Ward of Aldersgate London And so being thereof possessed afterwards to wit such a day and yeare at such a place in the Parish and Ward aforesaid that is to say about ten of the clocke before noon of the same day in a certaine open shop there in a certaine place called Little-Britain in the Parish and Ward aforesaid the same Ring then there being sold to him the said G. for seven shillings to him then by the aforesaid G. paid By vertue of which said sale in forme aforesaid made the aforesaid G. was of the Ring aforesaid possessed as of his proper Ring By which he the said G. the Ring aforesaid the time wherein c. to his owne proper use and profit as it was lawfull for him to doe And this he is ready to aver whereupon he prayes judgement whether the aforesaid I. ought to have his action aforesaid against him ANne Lady G. complaines of M. N. in the custody of the Marshall c. for that that is to say Action of the case for scandalizing of a title whereas the same Lady A. such a day and yeare and long before and continually after hitherto was seized in demesne as of Fee of and in the Mannor of S. with the appurtenances in the County of C. whereof a great peece of Land containing a hundred acres called the Warren is and time out of minde was parcell And whereas also the same Lady A.G. and all they whose estate she now hath of and in the Mannor aforesaid with the appurtenances from time out of minde were used to have a free Warren of Conies in the aforesaid hundred acres of Land called the Warren And the aforesaid Lady A. of the Mannor aforesaid and the aforesaid hundred Acres of Land called the Warren being seized as aforesaid had conference with divers persons of and for the sale of the Mannor aforesaid and Warren aforesaid with the appurtenances and thereupon might have had divers great summes of money for the Mannor and Warren aforesaid yet the same M. not ignorant of the premises plotting and contriving her the said Lady A. greatly to disturbe and vexe And to bring into scandall and ignominy the right title and interest of her the said Lady A. of and in the Mannor and Warren aforesaid with the appurtenances such a day yeare and place to very many of the faithfull subjects of our Lady the Queene and chiefly to I.P. Esquire who had conference with the same Lady A. of and for the purchasing of the Mannor and Warren aforesaid with the appurtenances and who then intended to buy the same Mannor and Warren with the appurtenances of the same Lady A. falsely and maliciously spoke pronounced and published that one R.G. then was the true Lord and Proprietor of the third part of the aforesaid hundred acres of Land and Warren aforesaid with the appurtenances And that she the Lady A.G. had no good right state title or interest in the same third part of one hundred Acres of Land and Warren aforesaid Whereas in truth the aforesaid R. G. then was not Lord or Proprietor of the aforesaid third part of the one hundred Acres of Land and Warren aforesaid nor of any parcell thereof but the same Lady A. was and yet is the true and sole Lady and Proprietor of the whole hundred Acres of Land and Warren aforesaid with the appurtenances and thereof sole seized in her demesne as of Fee By reason of which said false speaking asseveration and publication the aforesaid state title and interest of her the said Lady A. in the Mannor and Warren aforesaid with the appurtenances are fallen into great scandal and ignominy And the aforesaid I. P. who would have given for the Mannor and Warren aforesaid with the appurtenances to be purchased from the aforesaid Lady A. two thousand pounds and had offered to purchase the Mannor and Warren aforesaid of the same Lady A. hath thereupon now refused to give any manner of summe for the same to her the said Lady A. and as yet refuseth nor by that meanes can the same Lady A. the same Mannor and Warren aforesaid with the appurtenances nor any parcell thereof be able to sell to any person for
manner whatsoever And whereas also all and singular Pleas of whatsoever trespasses speeches and publishing of scandalous English words whatsoever touching and concerning the Banckruptery or insufficiency or poverty of any person being a Merchant at the time of the speaking or publishing of the same scandalous English words and all other such Pleas and matters onely are not of the Test or Jurisdiction but doe specially appertein and belong to their now Queen and her Regall Crown and by the Lawes of the Land of this Kingdome of the said Queen of England they ought not in any manner whatsoever to be tryed ended and discussed before the Admirall or by the Admirall or by his Deputy and from the time of mans memory they ought and were accustomed to be tryed c. by the Lawes of the Land Notwithstanding which one John Raynes Merchant of the City of London not being ignorant of the Premisses cunningly devising and intending the same J. Osborn against the due form of the Law of this Kingdom of England unduly to grieve oppress and weary out and the said now Queen and her Regall Crown to dis-inherit and also the Cognizance of a Plea which to the same Queen and her Regall Crown in this behalf and not to the Court of Admiralty doth belong to another Tryall in the Court of Admiralty to draw him the said J. O. in the Court of Admiralty before the Worshipfull and excellent man The stile of the Judge in the Court Admirall Mr. David Lewis Doctor of Lawes chief President of the Court of Admiralty or his lawfull Deputy or other competent Judge in this behalf whatsoever of and for the protestation of the insufficiencie and disabling of the said John Raynes Merchant being as before is spoken of and of and for the speaking publishing and affirming of the English words following that is to say c. as by the Libell of him the said J.R. against him the said Jo. Osborn exhibited and here profered to the Court more plainly it may and doth appear where in truth the speaking publishing and affirming of the said scandalous words and the aforesaid protestation by the said J. O. before supposed to be done in the said Libell specified if any or which like speech divulging affirming or Protestation were had and done at Guilford in the County of Surrey and not upon the main Sea nor within the Maritine Jurisdiction And the said J.R. the same J. O. in the said Court of the said Admiralty to condemn and the said J. R. of and in the Premisses to answer with all his Forces as yet endevoureth and from day to day cunningly deviseth And although the said John Osborn all and singular the Premisses in the Court of the said Admiralty before the aforesaid Judge of the Court of that Admiralty for his discharge in the Premisses had often pleaded alleged and brought inevitable testimony to prove Notwithstanding which the Judge of the Court of that Admiralty altogether refused to admit that Plea and allegation in contempt of the said now Queen and to the manifest damage prejudice impoverishment and grief of him the said John O. And this the said J.O. is ready to prove whereupon the said John here most humbly imploring the gracious Ayd of the Court of the said Queen prayeth remedy and the Writ of Prohibition of the said Queen to be directed to the Judge of the Court of that Admiralty to prohibit him that he in no wise should any further hold the aforesaid Plea of the Premisses in any manner whatsoever depending before him c. And it is granted unto him c. ACTIONS OF REPLEVIN REPLEVIN ss AND the said R. R. by T.S. his Attorney cometh and defendeth the force and Injury when Defendant justifies the taking of the Cattell for Rent behinds c. And doth well avouch the taking of the said Cattell 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 one acre of Land in R. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said R. was seized in his Demesn as of Fee of one Messuage one Garden ten acres and half an acre of land and two acres of Wood with th' appurtenances in R. aforesaid whereof the said place in which c. is And at the said time in which c. was parcell And so being thereof seized that same Messuage Garden land and Wood with th'appurtennaces long before the time of the taking aforesaid that is to say at the Feast of St. Andrew the Apostle in the year of the Reign of the Lord Edward late King of England the fourth after the Conquest brother of the Lord the now King 22. at R. aforesaid Demised unto the foresaid I.A. To have to him from the same Feast as long as it should please him the said R. yielding therefore yearly unto the said R. as long as the said J. should have and occupy the said Messuage Garden Land and Wood 21. shillings at the Feast of Pentecost and Andrew the Apostle by equall portions yearly to be paid by virtue of which Demise the said I.A. the said Messuage Garden land and wood with th' appurtenances from the said Feast of St. Andrew the Apostle untill the Feast of Saint Andrew the Apostle next before the time of the taking aforesaid had and occupied And for that that 21. shillings of the said Lease by the said time unto him the said R. at the time of the said computation remained in arrear and as yet remaineth unpaid doth well avouch the taking of the sayd Cattell in the said place in which c. and justly c. And this he is ready to prove whereupon he prayeth Judgement and the return of the said Cattell to be adjudged unto him c. Plaintif saith that before the Defendant had any thing one N. was seized of the Premisses and afterward the said Land descended to the Wife of the Plaintif as Heir of N. by which the Plaintif claimed the Tenements in hereditarie right and that the Defendant had nothing in the Tenements unlesse by Intrusion Claim ss ANd the said J. A. saith that the said R. the taking of the said Cattell in the foresaid place in which c. by any matter before alleged that he ought not to avouch the same to be just because he saith that long before the time of the said Caption and long before the said R. had any thing in the said Messuage Garden land and Wood with th' appurtenances one N. A. was thereof seized in his Demesn as of Fee and dyed of such his estate thereof seized after whose death the right of the aforesaid Tenements with th'appurtenaces descended unto one T. A his Son and Heir of him the said N. and the said R. after the death of the said N. into
A. long before the said time in which c. was thereof possessed which said Term doth as yet indure And so the said A. saith that she hath nothing in the said tenements with th' appurtenances unles to the end of five years in form aforesaid the reversion whereupon being expectant after that term unto the aforesaid S. W. and his heires without which said S. she the said A. saith that she to the knowledge of the said R. and T. cannot answer and prayeth Ayd of him the said S. and hath c. Therefore the Sheriff is commanded that he summon by good summons the said S. that he be before the said King in Eight dayes of the Holy Trinity wheresoever c. to answer to the said knowledge of the said R. and T. together with the said A. if c. The same day is given to the said parties c. Cornub. Declaration in a writ of recaption of Cattle and that they were taken hanging another Plea for the same Cattle undetermined and for which Cause they were before taken M. 20. h. 7. to 75. ss I. C Esquire T.C.J.H.J.D.J.W. and W. A were attached to answer aswel unto the Lord the King as unto J.G. Esquire of a Plea wherefore whereas the said J.C. and the others were formerly summoned to be in the Court of the said King before him the said Lord the King on the Morrow of all Souls last past wheresoever c. to answer unto the aforesaid J.G. of a Plea wherefore they took the Cattle of him the said J.G. and them unjustly detained against the Sureties and pledges which the Sherif of the said Lord the King of the said County had made to replevy to him the said J.G. as the King had accepted which said Plea between him the said J.G. and J.C. in the Court of the Lord the King here as yet doth hang undetermined Notwithstanding the said J.C. and others hanging the said Plea the Cattle of him the said J.G. again took for the same occasion which before they had taken the same c. Which thing is manifest against the Law and Custome of the Kingdom of the Lord the King of England And whereupon the said J.G. who aswell for the Lord the King as for himself prosecuteth by J. H. his Attorney Plaintif that whereas the said J.C. and the others formerly that is to say in the Term of St. Hillary in the year of the reign of the now King ninteenth were summoned to be in the Court of the Lord the King here before his Justices assigned to hold Pleas before him the Lord the King to answer unto the said J.G. and them unjustly detained against the sureties and pledges which the Shreif of the said Lord the King of the said County had made unto the said J.G. to replevy and the King had accepted which said Plea between him the said J.G. and the said J. C. and the others in the Court of the said King here as yet doth hang undetermined Notwithstanding they the said J. C. and the others hanging the said Plea the Cattle of him the said J. G. that is to say ten Oxen Eight heyfers two horses and a hundred sheep again that is to say the twentieth day of May in the nintteenth year of the Reign of the Lord the now King at E. neer Moreball in which the Cattle in a place called the Widl-Park they took for the same occasion which before they had taken them c. Which is manifestly in Contempt of the said King and against the Law and Custome of the Kingdom of him the said King of England whereupon he saith he is the worse and hath damage to the value of forty pounds And thereupon he bringeth his sute c. ss AND the said I. Copleston T. Colpeston I. Horn I. Davy Some of the defendants plead that they did not take the Cattle As c. I. Welch and W. Atwood by W. Fisher his Attorney cometh and defendeth the force and injury when c. And the said I. Davy I.W. and W. A. say that they did not take the said Cattle as the said I.G. before against them Complaineth And of this they put themselves upon the Countrey And the said I.G. likewise c. And they the said I.C.T.C. and I.H. as to the taking and detention of the said Cattle supposed to be done they say that the said I. G. ought not to maintain his action because they say that the place in which that trespas is supposed to be done is and at the said time in which c. was one messuage a hunded The rest of the defendants plead that they took the Cattle in the name of a distress for dry Rent in arrear as servants of the other and justifie perscridtion acres of land six acres of meadow six acres of wood and twenty acres of Heath and furzes with th' appurtenances in G. aforesaid called Wilpark of which said messuage land and tenements the said J. E. is and at the said time in which c. was seised in his demesn as of fee And that the said I. Colshill and all his Predecessours whose heir he is long before the said time in which c. were seised in their demesn as of fee of a certain Annuall rent of forty shillings coming forth of the said tenements to be perceived yearly to him and his heirs at the feasts of the Nativity of St. Iohn the Baptist of St. Michael Arch-angell the Nativity of our Lord and of Easter with equall portions to be paid from the time of which the memory of man is not extant And the said I.C. and all his Predecessors whose heir he is from all the said time of which the Memory of man is not extant used to distrein in the said tenements with th' appurtenances for the said Rent as often as that Rent at any feast of the said Feasts should be in arrear and the Distresses thereupon to take lead drive away and wholly to themselves to retein untill the said yearly Rent and the Arrearages thereof if any there were should be satisfied And the said I. C. so thereof seized dyed of such estate thereof seized after whose death the said Annuall Rent long before the said Retorn in which c. descended unto one Agnes Wife of the said I. Broker Descent Esquire as Cosin and Heir of the I. Colshill that is to say Daughter of Ranfrid son of Iohane sister of I. Colshill by which the said I. Broker and Agnes long before the said time in which c. were of the said Annuall Rent of 40. shillings seized in their Demesn as of Fee in Right of the said Agnes And because 30. shillings of that Rent after the death of the said I. Colshill at the Feast of the Nativity of St. Iohn the Baptist of St. Michael the Arch-Angell and the Nativity of our Lord next before the said taking supposed to be done that is to say next before the 20. day of
May in the 30. year of the Reign of the said now King were in arrear unto the said I. Broker and Agnes not paid they the said J. Cop. T. Cop. and J. Horn as servants of them the said J. Broker and Agnes and by their Command at the said time in which c. the aforesaid Cattell in the said place called Wilpark by the name of Distresse for the said 30. shillings so as it is aforesaid of the sayd annuall Rent remaining behind Without this that they took the Cattell again for which cause they formerly had taken them they took and deteined as it was lawfull for them to do without this that the said J. Cop. T. Cop. and J. H. at the said time in which c. they took the said Cattell for the same occasion which before they had taken them as the said J. G. before against them Complaineth And this c. Whereupon he prayeth Judgement if an Action c. he ought to maintain c. Plaintif saith that the said Rent was not behind but that the said Cattell were taken for the cause before Venit ' fâ—c ' awards upon 2. Issues ss ANd the said I. G. saith that he by any matter before alleged from his said Action sued had of the taking and deteyning of the said Cattell against the foresaid I. Cop. T. Cop. and I. Horn ought not to be precluded because he saith that the said Rent was not in arrear unto them the said I. Broker and Agnes at the said Feasts as c. and so as before saith that the said I. Cop. T. Cop. and I. H. took the said Cattell for the same occasion which they formerly took them as the said I. G. before against them complaineth And this he prayeth that it may be inquired of the Country c. And the said I. Cop. T.C. and I. H. likewise c. therefore as to the trying of that issue as the other issue between the said parties before likewise joyned thereupon commeth the Jury before the said King from the day of S. Hillary in fifteen dayes wheresoever c. ss AND the said I. B. by T. A. his Attorney commeth Defendant avoweth the taking of the Cattell for that the Plaintif being his Tenant by homage Fealty and Escuage and sute of Court and because he did not Homage and Sute of Court at the said Court of him the Defendant he avows c. and defendeth the force and Injury when c. and doth well avow the taking of the said Cattell in the said place in which c. and justly c. Because he saith that the said I.G. doth hold of him the said I.B. as of his Mannor of S. in the same County one Messuage and two acres of land with th' appurtenances in the said Town of S. wherof the said place in which c. is parcell by Homage and at Escuage of the Lord the King 40. shillings when it should happen 40. d. and at more more and at lesse lesse And by service to do Sute to the Court of him the said I. B. of his Maannor of S. aforesaid at G. from three weeks to three weeks and by the Rent of ten pence unto him the said I. B. and his Heirs at the Feast of Easter and St. Michael the Arch-Angel by equall portions yearly to be paid of which said Services one T. P. grand-father of him the said I. B. whose Heir he is was seized by the hand of one R. F. then Tenant of the said Messuage and Land with th' appurtenances As by the hand of his true Tenant of which said R.F. the Estate of the said I.G. now hath in the same Messuage and Lands with th' appurtenances and from the said T. P. Grandfather c. descended the said Mannor and Services with th' appurtenances unto one Iohane P. as his Daughter and Heir of the said T. P c. And from her the said Iohane descended the same and Services with th' appurtenances unto the foresaid I. B. who now avoweth as Son and Heir of the said Iohane And because the homage of the said I. E. and also sute at the said Court of him the said I. B. holden at G. aforesaid sixth day of October next before the day of the said taking they justly belonged unto the said I. B. the said I. B. avoweth the taking of the said Cattell in the sayd place in which c. as in parcell of the said Tenements of him the said I. B. in form aforesaid holden above the said I. G. and above his true Tenant and within his Fee c. ss AND the said I. G. saith that the said I. B. the taking of the said Cattell in the foresaid place in which Plaintif saith that the place in which c. is without his Fee c. ought not to avow just because he saith that that place is and at the time of the said taking was without the Fee and Lordship of him the said I. B. And this he is ready to prove whereupon from that the said B. before hath acknowledged the taking and detension of the said Cattell he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. ss AND the said I. B. saith that the said place in which c. is and at the time of the said taking was within the Fee and Lordship of him the said I. B. in the form which the said I. B. by his Avowment aforesaid hath supposed and not without his Fee and Lordship And of this he putteth himself upon the Countrey c. Defendant avoweth the taking of the Cattell for that one N.L. held the other parcel of land whereof the place in which c. is parcel of one R.B. whose Heir the Defendant is by Homage Fealty and Escuage and Rent of 20. s. by the year one I. L. hâ—d the estate of the said N. L. suffered the Homage to be unperformed and the Rent unpaid Discent ss AND the said I. T. by W.B. his Attorney commeth and Defendeth the force and injury when c. and doth well avow the taking of the said Cattell in the said place in which c. And justly c. because he saith that one N. L. was lately seized of six Messuages with th' appurtenances in little L. aforesaid in his Demesn as of Fee whereof the place in which c. is parcell and the said Messuage with th' appurtenances held of R. B. by Homage Fealty and Escuage of the Lord the King 40. shillings when it should happen 10. shillings and at more more c. and at lesse lesse c. and by the Rent of 20. shillings unto the said R. and his Heirs at the Feasts of Easter and St. Michael th'Arch-Angell by equall portions yearly to be paid of which Services the said R. was seized by the hand of the said N. as by the hand of his true Tenant of the said Fealty as of Fee and right and of the
I.G. and W. by I.B. their Attorney commeth and defendeth the force and injury when c. and as to the taking and deteyning of the said five Cart-â—oad of Wheat in Sheaves ten Cart-load of Barley in Sheaves ten Cart-load of Oats in Sheaves and eight Cart-load of Hay they the said R.S. I.N. Y. I. G. and VV. prayeth Judgement of the Writ c. because they say that the property of those Chattel's at the time of the said taking supposed to be done was unto R. S. of I. c. and T. H. by which they the said R. the now Defendant I.N. Y. I.G. and W.V. Servants of him the said R. S. of L. c. and T. H. and by their Command at the said time in which took and deteyned the Chattels and the same as yet they detein as unto them it is lawfull And this they are ready to approve whereupon as to the taking and detension of those Chattels they pray Iudgement of that Writ c. And as to the taking of the said Cattell they the said R. S. the now Defendant I. N. Y. I. G. and W. as Bailiffs of the said R. S. of L. and T. doe well acknowledge the taking of those Cattell in the said place As to the taking of the Cattell the Defendants justifie as servants of another doing damage in which c. and justly c. because they say that the said in which c. is supposed the taking of those Cattell to be done is and at the said time in which c. was the ground and Free-hold of the said R. S. of L. and T.H. And that those Cattell at the same time were in the same place eating the grass there then growing and Damage there doing by which they the said R. S. the now Defendant I. N. Y. I. G. and VV. as Bailiffs of the said R. S. of L. and T. at the said time in which c. took and deteyned those Cattell and the said Ewe-sheep as yet they detein as to them it was lawfull and this they are ready to prove whereupon they pray Judgement if the said I. his Action thereupon against them ought to have c. And the said R. S. of L. and T. pray retorn of the Oxen Steers Cows Calf Heifers and the said Living goods to 〈◊〉 adjudged unto them The Plaintif prayeth that the Defendant may secure unto him of some of the Cattell for that he hath not claimed any property Defendant as to parcell saith that he put them in an open Pound and in default of the Plaintif with hunger they perished to find pledges of deliverance for the residue And upon this the said I. N. saith that the said R. S. the now Defendant I. N. Y. I. G. and VV. of the said Ewe-Sheep whereof out of which they the said R. S. the now Defendant I. N. Y. I. G. and VV. have claymed no property in the same Ewe-sheep prayeth that they the said R. S. the now Defendant I.N.Y.I.G. and VV. may put in Security here in Court unto the said I. N. for the Delivery of the same Ewe-sheep Upon which they the said J.S. the now Defendant J. N. Y. J. G. and VV. as to the Security and Delivery of two Ewe-sheep of the said three Ewes say that the Delivery thereof unto the said I.N. they ought not to secure because they say that immediatly after that they the said Cattell in form aforesaid took those Cattell they put in a certain open Pound at C. in the County aforesaid and afterwards the said two Ewe-sheep with hunger and for want of Sustenance in default of him the said I. M. there perished And this they are ready to prove whereupon they pray Judgement if they ought to secure the Deliverance of those two Sheep unto the said I. N. c. which said matter to the securing of the Deliverance of those two Sheep the said I. N doth not gainsay and as to the Deliverance of that one Ewe-sheep as is before said deteyned they the said R.S. the now Defendant I. N. Y. I. G. and W. they have found pledges of the Deliverance thereof to be made unto the said I. N. namely I. Hercum and J. Beuning Plaintif saith that the property of the Chattels was his and not anothers as to the residue pleads a certain Demise unto him made by virtue of which he entred and was thereof possessed until another disseised him and after that the Plaintif put Cattell in the place in which c. And that the Defendant took the same Def. pleads a Demise at will c. therefore the said I. N. may have the Deliverance thereof c. ss AND the said I. N. saith that his said Writ as to the taking and Detension of the said Chattels for the reason before alleged ought not to be made void because he saith that the property of those Chattels at the said time in which c. was unto the said I. N. and not unto the said R. S. of L. and T. as the said R. S. the now Defendant and the others above have alleged and this he prayeth may be inquired of by the Countrey and the said R. S. the now Defendant and others likewise c. And as to the taking of the said Cattell the said I. N saith that the said R.S. the now Defendant and the others the taking of those Cattell ought not acknowledge just because he faith that the said place called W. in which c. is and at the time of the said taking was three closes conteining Ten acres of Land and eight acres of Pasture in L. aforesaid whereof the said W. H. long before the said time was seized in his Demesn as of Fee and so thereof seized before that time in which c. that is to say the Tenth day of January in the Tenth year of the Reign of the said now King at G. in the County aforesaid those Closes with th' appurtenances amongst other Lands Tenements in G. aforesaid demised unto the said I.N. to have and occupy unto the said I. N. from the same Tenth day of January from thence next following and so from year to year at the will of him the said W. H. paying therefore yearly unto the said W. H. as long as the said I. N. those Closes and also the said Lands and Tenements by reason of that Demise should have and occupy 26. shillings 8. pence to be paid at the Feast of St. Michael th'Arch-Angell by virtue of which Demise the said I. N. of the said Closes together with those Lands and Tenements was possessed untill they the said R. S. of L. and T. H. the aforesaid W. H. of those Closes before the said time in which c. Disseised and from those Closes of him the said I. N. expelled and amoved by which they the said R. S. of L. and T. were seized in those Tenements with th' appurtenances in their Demesn as of Fee by Disseisin And after that the said
I. N. by pretence of the said Demise unto him made put the said Cattell there to feed Upon which the said R. S. of L. and T. then upon and in those Closes being the said R. S. the now Defendant and the others those Cattell then that is to say at the said time in which c. they took and deteyned and the Ewe-sheep as yet they unjustly detein of which said taking and deteyning the said I. N. hath now brought his said Action thereupon against them And this he is ready to prove whereupon he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. Defendant maintains his Plea without this they disseized the other Plaintif And they the said R. S. the now Defendant and the others say that the said Closes at the said time in which c. was the ground and Freehold of the said R. S. of L. and T. and that the said Cattel at the same time were in those Closes c. feeding and there doing Damage by which they the said R. S. the now Defendant and the others as Bayliffs of the said R. S. of L. and T. those Cattell at the said time in which c. they took and deteyned as unto them it was lawfull as they before have alleged Without this that the said R. S. of L. and T. have disseised the said W. H. of the said Close Without this with th' appurtenances as the said I. N. before hath alleged And this they are ready to prove whereupon as before they pray Judgement c. and for the said R. S. of L. and T. the retorn of the said Oxen Steers Calf Heifer and living goods to be adjudged unto him to be adjudged unto her c. And the said I. N. saith that the said R. S. of L. and T. have Disseised the said W. T. of the said Closes with th' appurtenances in manner and form as he before hath alleged And this he prayeth that it may be inquired of by the Countrey c. ss AND they the said R. A. and W. D. by A. B. their Attorney commeth and defendeth the force and wrong when One of the Defendants avoweth and the other Justifies as Servant for rent-charge behind c. all taking and whatsoever c. And the same R. doth well arow and the said W. D. doth well acknowledge the taking of the said Cattell in the said place in which c. And justly c. because he saith that the said R. G. Gent. long before the said time in which c. was seized of one Tenement and C. acres of land in C. whereof the place in which c. is and at the said time in which c. was parcell in his Demesn as of Fee and he so thereof seized long before the said time in which c. by his certain Deed which the said R. here in Court profereth whose Date is the fourth day of the month of July in the nineteenth year of the Reign of the Lord Edward late King of England the Fourth To have hold and receive that annuall Rent unto the said R. and his Assigns at the Term of his life of and in the said Lands and Tenements with th' appurtenances every year at the Feast of St. Michael th'Arch-Angell the Birth of our Lord Easter and the Nativity of St. John the Baptist equally to be paid And the said R. A. further saith that the said R. G. by his said writing further granted that if it should happen the said yearly Rent to be behind in part or in all by one moneth next after any Feast of the said Feasts in which it ought to be paid unto the said R. A. or his Assigns unpaid that then it should be lawfull unto the said R. A. and his Assigns into all the said Lands and Tenements and the rest of the Premisses with th' appurtenances to enter and distrein and the Distresse so there taken to lead carry away impound and in Pound to keep untill to him of that annuall Rent so being behind together with the Costs and Charges if any should be were fully satisfied and paid And for twenty six shillings eight pence being behind at the end of the Nativity of St. John the Baptist next before the said time in which c. the said R. A. doth well avow and the said W. D. as Servant of the said R. A. and by his Command at the said time in which c. doth well acknowledge the taking of the said Cattell in the said place in which c. by the name of Distresse for 26. shillings and 8. pence so being behind as in the Lands and Tenements unto the Distresse of him the said R. A. with the said yearly Rent in form aforesaid charged as to them were lawfull And this c. whereupon c. And the said I. not acknowledging any the matrers by the said R. A. and W. D. before alleged to be true saith that the said R. G. long before the said time in which c. was seized of the said Tenements with th' appurtenances in his Demesn as of Fee and he so thereof seized long before the said time that is to say the first day of October in the fourteenth year of the Reign of the said now king at A. in C. aforesaid demised those Tenements with th' appurtenances unto the said I. H. to have and occupy to him and his Assignes from the feast of St. Michael th'Arch-Angell then last past untill the end and Term of seven years then next following and fully to be compleated by virtue of which Demise the said I. H. long before the said time in which c. into the said Tenements with th' appurtenances entred and was thereof possessed and so the same I. saith that she hath nothing in the said Tenements with th' appurtenances unles at the Term of the said seven years in forme aforesaid thereupon after that term compleated belonging unto the said R.G. his heirs and Assignes without which said R. G. the same I. H. saith that she cannot answear to the said Plea of the said R. A. and W. D. And prayeth Aid of him the said R. G. and she hath Aid prayed c. Therefore the said R. H. is summoned that he before the Lord the King from the day of Easter in Eight weeks wheresoever c. to answer to the said Plea of the said R. A. and W. D. together with the said R. H. if c. the same day is given to the said parties c. At which day before the said King at Westminster cometh aswell the said I. H. as the said R. A. and W. D. by their said Attorney being summoned c. by A. B. his Attorney likewise cometh and joyneth himself with the aforesaid I. H. to avow and acknowledge the said c. and aswell the same I. as the said R. G. who joyneth himself c. Say that the said R. A. the taking of the said
Recognize c. because aswell c. The same day is given unto the said parties c. ss AND they the said I. B. and W. B. by A. B. their Attorney commeth and defendeth the Force and Injury when One of the Defendants pleads that he did not take the other DefendaÌ„t justifies by vertue of a Demise to him made of five acres at Will for Damage feasant c. and the said W. saith that he did not take the said Cattell as the said E. before against him hath declared And of this he putteth himself upon the Countrey And the said E. likewise c. And the said I. doth well avow the taking of the said Cattell in the said place in which c. and justly c. because he saith that long before the time in which the said taking is supposed to be done one J. T. and W.M. were seized of five acres of Land with th' appurtenances in the said Town of B. whereof the said place in which the said taking is supposed to be done is parcell in his Demesn as of Fee and so thereof seized Demised the same five acres of Land with th' appurtenances whereof the said place in which c. is parcell unto the said I. B. To have and to hold unto the said I. B. from year to year at the will of them the said I. T. and W. M. by virtue of which Demise the said I. B. was possessed of the said five acres of Land with th' appurtenances To hold in form aforesaid and so thereof possessed by the Will of the said I. T. and W. M. plowed the said five acres of land and with Corn sowed the said five acres of land after the same Sowing at the said time in which the said taking is supposed to be done when the said Corn was bladed And for that that the said I. B. at the same time in which c. found the said Cattell in the same place in which c. there doing Damage and eating the said blades the said I. B. doth well avow the taking of the said Cattell in the said place in which c. doing Damage c. And the said E. saith Plaintif faith that the trespas was done for default of Closure of the Defendant that the said I. for the reason before alleged the taking of the said Cattell ought not to avow just because he saith that the five acres of land are one Close by it self and that the said I. T. and W. M. and all other Tenants thereof from time out of mind have accustomed to shut the said Close so as themselves undamnified from going into that Close and the feeding treading down of their grasse or blades there growing by the Cattell of whomsoever there to be done they would preserve And the said E. further saith that he is and at the same time was seized of another five acres of Land with th' appurtenances in the same Town neer adjoyning unto the said Close And that he before the said time of the said taking put the said Cattell in his said five acres of Land to feed and those Cattell for default of shutting of the said Close of the said I.T. and W. M. entred the same Close and the said Damage at the same time of the said taking did And this he is ready to prove c. Whereupon from which the said I. B. the taking of the said Cattell in the said place in which c. as before prayeth Judgement and his Damages by that occasion to be adjudged unto him c. Defendant saith that the place in which c. was not used to be closed from the time c. Without this And the said I. B. saith that he by any matter before alleged from the taking the said Cattell to be avowed ought not to be precluded because he saith that the said Close doth lye open Without this that the said I. T. and W. M. and all others Tenants thereof accustomed to shut that Close from the time which Memory is not extant as the said I. B. before hath alleged And this c. whereupon he prayeth Judgement and the retorn of the said Cattel to be adjudged unto him c. And the said E. saith that the said I. T. and I. M. and all others Tenants of the said Close accustomed to shut the said Close from the time in which Memory is not extant As the said E. before hath alleged And this he prayeth may be Inquired of by the Countrey c. â—ent Declaration upon a Replevâ—n yet they are deteyned in severall places ss W. D. H. T. and J. W. were summoned to answer unto T. K. of a Plea wherefore they took the Cattell of him the said T. and the same unjustly deteined against the Sureties and Pledges c. Whereupon the said T. by W. his Attorney Complaineth that the said H. and I. 12. day of February in the Tenth year of the Reign of the said now King at H. in the County aforesaid in certain places called M. and D. they took the said Cattell that is to say in the said place called M. 31. Weather-sheep parcell c. in the said place called D. they took three Lambs residue c. and the same as yet they unjustly detein against Sureties and Pledges c. whereupon he saith that he is the worse and hath damage to the value of ten pounds And thereupon he bringeth his Sute c. Two of the Defendants doe avow the taking in the right of their Wives as Daughters and Heirs of a Woman who was seized of Land for Damages done and the third as Servant of them and by their Command doth well acknowledge the taking c. Plaintif saith in replying that another in the right of his Wife was seized of the Tenements c. and the same Plaintif Demised at Term of years Without this that the Mother of the Wife avowing dyed seized of the Tenements c. as c. and prayed further that the Avowant secure unto him Deliverance c. Defendant maintaineth that the Mother of their Wives dyed seized as c. and for security of Delivery they should say in form following c. And further The Advocants say that they took the Cattell by the name of a Distress they put them in an open PouÌ„d where they perished they the said W. H. and I. say that they the Delivery of the said Cattell unto the said T. ought not to secure because they say that the said Cattell in the said ten acres of Land with th' appurtenances by the name of a Distresse from the Cause by them before in their said Avowment alleged they took and the same Cattell unto the Town of B. in the said County they chased and were wronged And the same Cattell there in a certain open Pound where the said T. might have given them the sustentation of food of Cattell if he would have given it unto them to be kept in Safety as
a Distresse And this they are ready to prove Whereupon they pray Judgement if they the Delivery of the said Cattell unto the said T. in this behalf ought to secure c. The Advocants say that after the said taking converted the same to his own use Without this that in default of the Plaintif they perished with hunger And the said T. L. saith that the said W. H. and I. ought not to secure the Delivery of the said Cattell unto him because he saith that they the said W. H. and I. after the taking of those Cattle converted them to their own use Without this that those Cattell in default of him the said T. with hunger perished in that manner and form which the said W. H. and J. before in pleading have alleged And this he is ready to prove as the Court c. Whereupon he prayeth Judgement and that they may secure unto him the Delivery thereof c. And they the said W. H. and I. as formerly say that the said Cattell in the Default of the said T. perished with hunger as they the said W. H. and I. before in pleading have alleged And of this they put themselves upon the County And the said T. likewise c. And therefore aswell to try c. as c. ss AND upon this the said R. G. prayeth that the said J. and J. may secure unto him the Delivery of the two Cows Inrolment that the Defendant secure Delivery of the Cows aforesaid And they the said J. J. unto him the said R. the Delivery of those Cows are undertaken by T. S. and R. therefore the Command is to the Sheriff that those two Cows he cause to be delivered unto the said R. C. without delay and in whatsoever manner c. he shall make known in eight dayes of Saint Hillary c. THe Lord the King Declaration in a Writ of Replevin of Cattell where the Defendants doe appear upon the Writ plur Repleg of Proces upon a Writ of Replevin by the Plaintif not found Parl. 37. H 6. Return of a Writ of Plur ' Replevin sent his Close writ to the Sheriff of Cornwall in these words Henry by the Grace of God of England c. reciting word by word the Writ of the pluries Replegiar c. The Indorsement of the same Writ followeth in these words the Cattle within written are removed to a place to me unknown by the within written I. B. and I. further I Certifie unto the Lord the King that no other writ besides this writ was deliver unto me And now at this day that is to say at the said fifteen dayes of Easter in the same Term before the Lord the King at W. cometh aswell the said W. by I. G. his Attorney as they the said I. B. and I. K. by P. G. his Attorney upon which they the said I. B. and I. K. prayeth that the said W. may declare against them in the said Plea and upon this the said W. findeth his Pledges here in Court Note if the sheriff makes Replevin by writ the Plaintif doth not put in security to the sheriff but to the Court Declaration in a Replevin where the Cattel were taken in one Town and were impounded and detained in another to prosecute that is to say I. G. and R. I. And complaineth that the said I. B. and I. K. the Monday next after the feast of the Epiphany of our Lord in the thirtieth year of the Reign of the said now King at P. in a certain place called M. they took twenty Oxen of the price of every Oxe twenty shillings ten Steeres of the price of every Steere ten shillings ten Cowes of the price of every Cowe ten shillings and four Horses of the price of every Horse twenty six shillings and Eight pence and brought them to T. and there have impounded and unjustly detained against Sureties and Pledges And that they the said I. B. and I. K. the same day and year took Cattel that is to say ten Oxen of the price of every Oxe twenty shillings six Cowes of the price of every Cow ten shillings and ten Steeres of the price of every Steer ten shillings at H. in a certain place called B. and there impounded and unjustly detained and as yet unjustly they doe detain against Sureties and Pledges c. Whereupon he saith that he is the worse and bath damage to the value of C marks and thereupon he bringeth his sute c. Imparlance in a Replevin And they the said I. B. and I. K. doe defend the force and wrong when c. all taking and unjust detaining c. whatsoever c. And they pray a day to imparse and it is granted unto them c. And upon this day thereupon is given to the said parties untill in Eight dayes of the holy Trinity wheresoever c. That is to say the said I. and I. to Imparl and then to answer Kent Declaration upon a Replevin for taking and detaining of beasts and Chattels c. K. B. of P. was summoned to answer unto W. M. of a Plea wherefore he took the Cattel and Chattels of him the said W. and the same detained against Sureties and Pledges c. And whereupon the said W. by I. G. his Attorney complaineth that the said R. in such a day and year c. at I. in a certain place called S. took Cattel that is to say three Horses and Chattels that is to say one Cart and four Copps and six Sheaves of the wheat of him the said W. and the same detained against Sureties and Pledges untill c. Whereupon he saith that he is the worse And hath dammage c. And thereupon bringeth his sute c. Defendant as Bailiff of the Prior acknowledgeth the taking of the Cattell for a Rent charge and aâ—ears behind where he was thereof by prescription And the said R. B. by W. F. his Attorney cometh and defendeth the force and injury when c. and as Bailiff of W. Prior of Christs Church in Cambridge doth well acknowledge the taking of the said Cattell c. in the said place in which c. And justly c. because he saith that the said T. late Prior of the said Church Predecessor of the said now Prior and all his Predecessors heretofore Priors of the said Church from the time of which c. were seized of a certain Rent of six shillings eight pence Comming forth of twenty acres of Land with th' appurtenances in I. aforesaid whereof the said place in which c. is and at the time of the said taking done was parcell in his Demesn as of Fee in the Right of his said Church by the hands of the Tenant of those twenty acres of Land with th' appurtenances for the time being As of a Rent-Charge yearly at the Feast of the Ascension of our Lord and of St. Andrew the Apostle to be paid by equall Portions And
the said T. late Prior and all his Predecessors heretofore Priors of the said Church from the time of which c. in the Right of that Church distreined and used to distrein for the said Rent and the Arrerages of the same in the said twenty acres of Land with th' appurtenances and in every parcell thereof when that Rent or any parcell thereof unto the Prior of the said Church for the time being by any Feast in which as is premised ought to be paid should happen to be behind unpaid and the Distresses so taken to lead chase carry away and wholly to retein them untill that Rent and the Arrerages of the same unto the Prior of the said Church for the time being should be fully satisfied and paid which said T. the late Prior afterward dyed The death of one of the Priors the Choosing of another after whose death the said now Prior was elected and made Prior of the said Church And because the said Rent at the time of the said taking supposed to be done was behind for two years next before the day of the said taking done unto the said now Prior unpaid the said R.B. as Bailiff of the said now Prior for thirteen shillings four pence of that Rent of those two years so being behind doth well acknowledge the taking of the said Cattell and Chattels in the said place in which c. And justly c. as in parcell of the said twenty acres with th' appurtenances unto the Distresse of him the said Prior of that Rent in form aforesaid charged And justly c. And this he is ready to prove c. whereupon he prayeth Judgement and the Retorn of the said Cattell and Chattells to be adjudged unto him c. ACTIONS OF TRESPASS upon the CASE TRESPAS UPON THE CASE Declaration for scandall of a Tytle ss R Stevens otherwise Walker complaineth of Thomas Gittens in the Custody of the Marshall c. for that namely that whereas the eighth day of October in the eleventh year of the Reign of the said Lady the now Queen one I. E. was seized in his Demesn as of Fee of and in one Messuage a hundred acres of Land fourty acres of Meadow two hundred acres of Pasture and twenty acres of Wood with th' appurtenances in H. in the said County and so being thereof seized the same I. afterwards that is to say the 22. day of October in the sayd eleventh year infeoffed the said R. of the said Messuage and the rest of the Premisses with th' appurtenances to have to the said R. to him and his Assigns for ever by virtue of which the said R. into the said Messuage and the rest of the Premisses with th' appurtenances entred and was and yet is thereof seized in his Demesn as of Fee which said Messuage and the rest of the Premisses with th' appurtenances being desirous to sell to pay divers sums of money unto divers persons unto whom he was indebted the said Messuage and the rest of the Premisses with th' appurtenances unto one G. P. and divers other subjects of the Lady the now Queen after the said 22. day of October in the eleventh sent aforesaid and before the 20. day of March in the twenty third year of the Reign of the said Lady the now Queen for one hundred pounds of lawfull money of England could have bargained and aliened the said Thomas well knowing of the Premisses craftily and deceiptfully imagining and intending the said R. of the Sale of the said Messuage and the rest of the Premisses with th' appurtenances for a good value of the same maliciously to hinder and the right and Title of the said R. of in the said R. and the rest of the Premisses unjustly and untruly to extenuate scandalize and to bring into obloquy Afterwards that is to say the 22. day of March in the twenty third year abovesaid at H. aforesaid in the said County by colour of a certein Deed indented by one W.E. unto the said T. of and in the Premisses made in the presence and hearing of divers Venerable and of other worthy people of Credit subjects of the now Lady the Queen then and there being and hearing did speak these false feigned and scandalous English words and plainly with a loud voice pronounced and published that is to say I himself the said T. B. meaning have better right to half the Lands meaning the half of the said Messuages and Tenements above specified than he the meaning the same R. now Plaintif hath Which said W. E. had no right to sell the said Messuage and the rest of the Premisses where in truth the said R. S. purchased the said Messuage and the rest of the Premisses with th' appurtenances of the said I. E. who at the time of that purchase had right to sell the said Messuage and the rest of the Premisses with th' appurtenances and where in truth the said T. E. nothing of right or lawfull claim of to or in the said Messuage and the rest of the Premisses with th' appurtenances then had or as yet hath or in any manner whatsoever was able or is able lawfully to sell or demand by pretence of which said speech publication and claim aforesaid the said R. at any time after the 20. day of March in the twenty third year above said the said Messuage and the rest of the Premisses Enquire whether these words are sufficient to maintain the said Action because the Defendant spoke the words in his proper right and tytle with th' appurtenances unto any person in no wise could bargain or sell by reason of which the said R. was not onely constreined to his great charges and costs to borrow of divers persons divers sums of money to be paid at the debt of him the said R. and also true it is the same R. for clearing of the said Title and Claym by the said T.G. in form aforesaid made and for the manifestation and proof of the right and title of him the said R. aforesaid of and in the said Messuage and the rest of the Premisses with th' appurtenances he took upon him and underwent divers grievous Labours of his body and hath divers wayes spent vast sums of money and also certain other great dutifull Affairs of him the said R. doe remain undone and neglected Whereupon the said I. saith that he is the worse and hath Damage to the value c. Justification of the speaking of the scandalous words by reason of a Feoffment ss AND the said T. E. by E. B. his Attorney cometh and defendeth the force and Injury when c. And saith that he ought not to maintain an Action because he saith that the said W. E. tenth day of August in the eleventh year of the Reign of the now Lady the Queen was seized in his Demesn as of Fee of and in the Moitie of the said Messuage and the rest of the Premisses with th' appurtenances in H. aforesaid
Freehold of him the said I. he did break and enter and the said R. from the possession of the said House expelled and amoved and him the said R. from the possession thereof by the time aforesaid withheld and kept as to him it was lawfull And this c. whereupon c. ss AND the said R. B. saith that he by any thing Replication c. ought not to be precluded because he saith that the said House in which the Trespass aforesaid was done is and at the time in which c. was the ground and Freehold of him the said R. and not the ground and Freehold of him the said I. in manner and form as the said T. above in pleading hath alleged and this he prayeth may be enquired c. Defendant pleads to part property in himself and to the residue that he did not take ss AND the said G. and E. by I. B. his Attorney commeth and defendeth the force and Injury when c. and prayeth Judgement of the said Writ because as to the taking and detention of three of the Topsail of the Tapestry and other things c of the aforesaid goods and chattells in the said Declaration above specified parcell they the said G. and E. say that the property of the same goods and chattells parcell c. at the said time of the taking aforesaid above supposed to be done was in them the said G. and E. and not in the said I. in manner and form as the said T. himself doth now Complain and this c. whereupon he prayeth c. and that the said Declaration as to the taking and deteining of the said goods and chattels parcell may be made void c. and as to the residue of the goods and chatteâ—ls in the said Declaration above specified they the said G. and E. say that they did not take those goods and chattells residue c. in manner and form as the said T. above in his Declaring hath all god And of this he putteth himself upon the Countrey and the said T. likewise c. Replication for other parcell ss AND the said T. saith that the Declaration aforesaid as to the taking and deteining of the said goods and chattells parcell c. by any matters by the said G. and E. above by pleading hath alleged ought not to be made void because he saith that the property of the said goods and chattells parcell c. at the said time of the said Caption done was in the said T. and not in them the said G. and E. in manner and form as they the said G. and E. above in pleading have alleged And this he prayeth c. and the said c. likewise therefore as to the Tryall of that Issuâ— as the aforesaid other Issues between the said parties above likewise joyned Cometh thereupon the Jury c. and upon this the Plaintif findeth Pledges to deliveâ— the goods and chattells of the Defendant c. Defendant just fiâ—th as Tenant of the Plaintif by Copy of Court Roll of the Mannor of Foaley ss AND the said Defendant by I. S. his Attorney commeth and defendeth the force and injury when c. and as to the comming with force and arms c. not guilty and as to the rest of the Trespass aforesaid above supposed to be done the said Defendant â—aith that the said Plaintif ought not to have an action because he saith that the Close and house aforesaid and also the places in which the Trespass aforesaid is supposed to be done are and at the time of the said Trespass above supposed to be done were one Messuage and two acres of Land with th' appurtenances in Foxley aforesaid which said Messuage and two acres of Land with th' appurtenances at the time of the said Trespass above supposed to be done and also from the time of the Memory of man were parcell of the Mannor of Foxley of which said Mannor with th' appurtenances aforesaid which is and at the said time in which c. and also long before the said time in which c. was seized in his Demesn as of Fee and that the same Messuage and two acres of Land with th' appurtenances are and by all the said time were and are Customary Land and from the whole time aforesaid of which the Memory of men is not to the contrary were Demised and Demiseable by Copy of Court-Roll of the Mannor aforesaid by the Lord of that Mannor or his Steward of that Mannor for the time being unto whatsoever person or persons would be willing to take the same in Fee-simple Fee-tayl at Term of life or of years at the will of the Lord according to the Custome of the said Mannor and the said Plaintif of the said Mannor with th' appurtenances whereof c. as aforesaid being seized the said Plaintif before the time aforesaid in which c. that is to say the twelfth day in the thirty sixt year of the Reign of H. 8. late King of England at F. aforesaid at the Court of that Mannor then there held at the said Mannor by one I. W. then his Steward there by Copy of Court Rolls of that Mannor granted the Tenements aforesaid with th' appurtenances in which c. the said Defendant to have to himself and his Heirs for ever To hold of the said Plaintif by a Rod at the Will of the Lord of that Mannor by the Rent and Service thereupon due and accustomed by virtue of which Grant the said Defendant into those Tenements with th' appurtenances in which c. before the foresaid time in which c. he entred and was thereof seized in his Demesn as of Fee at the Will of the Lord of the said Mannor according to the Custome of the said Mannor and he the Defendant being so thereof seized the said Defendant the foresaid time in which c. the Close and House aforesaid with th' appurtenances in which c. as the proper Close and House of him the Defendant did break and enter and the aforesaid Oak in and upon the said two acres of Land then growing as the proper Oak of him the Defendant did cut down and carry away as to him it was lawfull and this c. whereof c. ss AND the said Plaintif saith Plaintif confesseth the Defendant to be his tenant by Copy of Court Roll but saith that the same Defendant forfeited his estate to him by doing waâ—â— in cutting down an Oak of the age of ten years that he ought not to be precluded because he saith that well and true it is that he the said Plaintif is and at the time of the said Trespas done and long before was seized of the Mannor with th' appurtenances whereof c. in his Demesn as of Fee and that the aforesaid Messuage and two acres of Land with th' appurtenances are and at the foresaid time in which c. and also from the time of the memory c.
were the customary Lands and parcell of the Mannor aforesaid and Demised and Demiseable by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being to whatsoever person or persons were willing to take the same in Fee-simple Fee-tayl for term of life or years or otherwise at the Will of the Lord according to the Custom of the said Mannor aforesaid and that he the said Plaintif of the Mannor aforesaid with th' appurtenances whereof c. so being seized before the said time of the foresaid Trespass done at his the said Court of the Plaintif of his said Mannor holden the said twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. at that time his Steward of his Mannor aforesaid granted the aforesaid Tenements with th' appurtenances unto the foresaid Defendant to have and to hold to the said Defendant and his Heirs by a Rod at the Will of the Lord according to the Custom of the said Mannor by vertue of which said Grant the said Defendant into the aforesaid Tenements with th' appurtenances entred and was thereof seized in his Demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleged And that the said Defendant being so thereof seized before the time of the said Trespass done that is to say the tenth day of November in the first and second year of the Reign of the now Lord the King and the now Lady the Queen made waste in the said Tenements with th' appurtenances in felling and cutting down one Oak of the age of Ten years and more and by Destroying the branches of the stem of the same Oak thereout growing with his Cattell under pretence of which the said Plaintif before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the second and third year abovesaid with force and arms c. the Close and House aforesaid at F. aforesaid brake and the aforesaid Oak to the value c. there lately growing cut down and carried away against the peace of the said now King and Queen as he above against him complaineth and this he is ready to prove whereof from which the said Defendant the said Trespass aforesaid above acknowledging the said Plaintif prayeth Judgement and his Damages by reason of that Trespass to be adjudged unto him c. Defendant pleads the Custome of the Mannor to give the customary Tenants liberty to cut down Trees growing upon their Tenements ss AND the said Defendant by Protestation not acknowledging any matters in the said Replication above to be true for Plea saith that within the Mannor aforesaid it hath from the time of which the memory of men is not to the contrary it had such a Custom that is to say that every Costomary Tenant of the Mannor aforesaid who held any Customary Tenements within that Mannor unto him and his heirs at the Will of the Lord of the Mannor by Copy of Court-Roll of that Mannor according to the Custome of the same Mannor could and might cut down whatsoever Trees and Wood growing in or upon the Customary Tenements without forfeiture of such Customary Tenements unto the Lord of that Mannor for the time being for such waste by which the said Defendant being seized of the Tenements aforesaid with th' appurtenances in which c. in his Demesn as of Fee at the will of the Lord of the said Mannor that Oak the said first day of October in the years of the Reign of the now King and Queen the second and third abovesaid then and there growing did cut down as to him it was lawfull and this he is ready to prove whereof as before he prayeth Judgement and that the said Plaintif from his action aforesaid against him the Defendant had may be precluded c. ss AND the said Plaintif as formerly he saith Plaintif maintains the Replication without this that there is such a Custom as the Defendant in his Rejoynder allegeth c. that he the said Plaintif is and at the time of the said Trespass done and long before was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and that the said Messuage and two acres of Land with th' appurtenances are and at the time in which c. and also from the time c. were Customary Lands and parcell of the said Mannor and Demiseable and demised by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being unto whatsoever person or persons is or are willing to take them in Fee-simple Fee-tayl for term of life or years or otherwise at the will of the Lord according to the Custom of the said Mannor And that the Plaintif of the said Mannor with th' appurtenances whereof c. before the said time of the said Trespass done that is to say at the said Court of him the Plaintif of his said Mannor holden the twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. then his Steward of his said Mannor granted the said Tenements with th' appurtenances unto the foresaid Defendant to have and to hold unto the said Defendant and his Heirs by a rod at the will of the Lord according to the Custom of the said Mannor by vertue of which said grant the said Defendant into the said Tenements with the appurtenances entred and was thereof seised in his demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleleged and that the said Defendant so being thereof seized before the said time of the said Trespass done that is to say the tenth day of November in the years 1. 2. abovesaid he made waste in the same Tenements with th' appurtenances that is to say in cutting and felling down one Oak of the age of ten years and more by destroying the branches of the stem of the same Oak thenceforth growing with his Cattell under pretence of which before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. he entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the years second and third abovesaid with force and arms c. the said Close and House at Foxley aforesaid did break and the Oak aforesaid to the value c. there lately growing
his Predecessors formerly Priors of the said Church accustomed to distrein in the said twenty acres of Land for that the same Rent of four shillings and every parcell thereof whensoever that Rent should happen to be behind in part or in all Without this that the said T. the late Prior Issue upon Seifin of Rent and his Predecessors heretofore Priors of the said Church from the time wherein the Memory of man is not extant in the right of that Church were seized of the said Rent of six shillings eight pence issuing out of the said twenty acres of Land as of Rent-Charge in the form which the said R. B. by the said Acknowledgement before hath supposed And this c. whereupon he prayeth Judgement and his Damages by occasion of the taking and deteining of the said Cattell and Chattells to be adjudged unto him c. And the said R. saith that the said W. the now Prior and his Predecessors heretofore Priors of the said Church from the time whereof the Memory of man is not extant in the right of that Church were seized of the said Rent of six shillings eight pence of the said twenty acres of Land as of a Rent-Charge in what form the said R. by his said acknowledgement before supposeth And of this he putteth himself upon the Countrey c. AT which eight dayes of St. Hillary before the Lord the King Entry of an Essoin and joyning in Aid and imparlance in Replevin Mich. 15. H. 7. rot 78. the like Mich. 23. H. 7. rot 103. at Westminster cometh the said parties by their said Attorneys and the said I. T. being summoned at the aforesaid Eight dayes of Saint Hillary caused himself to be Essoyned of the said Plea and had thereupon day by his Essoyn untill at this day that is to say from the day of Easter in three weeks then next following before the said King wheresoever c. And now at this day before the said King at Westminster commeth aswell the said R.M. as the said P.S. and I. and R. W. by his said Attorney and the said I. T. in the fourth day being solemnly called by W. F. his Attorney likewise commeth and joyneth himself in Ayd of the said R. M. to answer unto the said P. S. I. and R. together with the said R. M. to the said Avowment and Acknowledgement is granted c. And upon this day thereof is given to the said parties before the said King untill in eight dayes of the holy Trinity Imparlance by default Plaintif joyneth himself in Ayd The Writ of Ven ' Fac ' is not put into the Crown wheresoever c. that is to say to the aforesaid R. M. and I. T. to imparl and then to answer c. And as to the trying of the said Issue before joyned he hath not put the Writ thereof in the Crown Therefore as often commeth the Jury thereupon before the said King at the same Term by whom c. And who neither c. to Recognise c. Because aswell c. the same day is given to the said parties c. Defendant pleads that the Wife of the Plaintif whilest she was sole released him Hill 13. H. 8. 10 32. ss AND the said I. F. by R. T. his Attorney commeth and defendeth the force and wrong when c. and saith that the said W. and A. ought not to have an Action c. because he saith that the said Anne before the said time of the said Trespass supposed to be done and before the Marriage between her the said A. and the said W. solemnized that is to say the eighteenth day of October in the Ninth year of the Reign of the now King the said A. delivered unto the aforesaid I. F. the said goods and Chattells as the said W. and A. before have declared And afterwards that is to say the twenty fifth day of November in the Ninth year of the Reign of the Lord the now King aforesaid the said A. whilest she was sole by the name of Anne Redhelke of L. Widow at L. that is to say in the Parish and Ward aforesaid by her certain Writing which the said I. sealed with the Seal of her the said A. here in Court profered whose Date is the said twenty fifth day of November in the ninth year of the Reign of the said now King aforesaid remised and released unto the said I. F. by the name of I. F. Citizen and Merchant Taylor of London all and all manner of personall Actions and Demands which she might have against him the said I. by whatsoever reason from the beginning of the World untill the day of making of the said Writing as in that Writing more fully is contained Without this that the said A. delivered the said goods and Chattels unto the said I. F. the said twentieth day of December in the said Ninth year of the Reign of the said now King or at any time after the making of the said VVriting of the Release And this c. whereupon c. Protestation And they the said W. and A. say that they by any matter c. ought to be precluded because protesting that the said A. delivered unto the said I. F. the said goods and Chattells as they the said W. and A. before against him Complaineth for Plea saith that the said Writing of Release Not her Deâ—d is not the Deed of the said A. in manner and form as the said I. F. before have alleged And this he prayeth that it may be inquired of c. ss AND the said I. O. in his own person commeth and defendeth the force and Wrong when c. Kent Defendant justifies the Trespass by vertue of a Demise Judgement for the Plaintif Trin. 13. H. 7. â—ot ' 87. And as to the coming with force and arms or whatsoever which is against the Peace of the Lord the now King and also all the said Trespass besides the breaking of the said Close and eating up treading and consuming of the said Grass in N. aforesaid saith that he in no manner is guilty thereof And of this he putteth himself upon the Country And the said Plaintif likewise c. And as to the breaking of the said Close and eating up treading and consuming of the said grass in N. the said Defendant saith that he ought not to have his Action because he saith that the said Close and also the place in which the said Trespass is supposed to be done in N. aforesaid was and at the said time in which c. were thirty acres of Land with th' appurtenances in N. aforesaid called H. whereof before the said time in which c. one T. Chelyn was seized in her Demesn as of Fee and so thereof seized before the said time in which c. that is to say in the Feast of St. Michael th'Archangell in the twelfth year of the Reign of the now King at Feversham in the said County Demised
so long as they live Protesting also that the said Alice did not Demise unto the said Plaintifs the said Tenements in manner and form as the said Plaintifs in their said Replication before have alleged for Plea as before saith that the said Thomasine was seized of the said Tenements with th' appurtenances in N. in her Demesn as of Fee And so seized demised the same Tenements with th' appurtenances unto the said Defendant To have to him from the Feast of St. Michael th'Archangell untill the end of the Term of four years from thence next following and fully to be Compleat By vertue of which Demise the said Defendant was of those Tenements possessed in manner and form as the said Defendant in barre before hath alleged Without this Without this that the said Thomasine at the time of the said Demise by the said Alice unto the said Plaintiffs of the said Tenements supposed to be done was seised of the said Tenements with the appurtenances to the use of the said Alice in manner and form as the said Plaintiffs before in pleading have alleged And this c. whereupon he prayeth Judgement and that the said Plaintiff from his said Action against him the said Defendant had may be precluded c. And the said Defendants say that the said Thomasine at the time of the said Demise by the said Alice unto the said Plaintiffs in form aforesaid made was seized of the said Tenements with the appurtenances to the use of the said Alice in manner and form as they the said Plaintiffs before in pleading have alleged And this they pray that it may be enquired of by the Country c. â—uff Declaration in Trespass wherfore they broke the Close against two Defendants who plead severally Parl. 32. H. 8. Rot. 111. One of the Defendants pleads that he is seised of certain Lands c. in Fee by reason of which hee ought to have Common in the place in which c. and that he put the Cattle c. for using the CoÌ„mon c. which is the same Common and so justifies ss R. B. late of Levistost in the said County Yeoman and W. H. late of L. c. were attached to answer unto Edward B. together with R. H. late of c. of a Plea wherefore with force and Arms the Close of him the said E. at G. they did break and his Grass to the value of 10. l. there late growing with certain Cattle they did eat up tread and consume And other Wrongs c. To the great Damage c. and against the Peace c. And the said R. B. and W.C. by R. B. their Attorney commeth and defendeth the force and wrong when c. And as to the comming with force and Arms c. Not guilty and as to the residue of the said Trespass before supposed to be done the said R. B. saith that the said E. no Action because he saith that the place in which the said Trespass is supposed to be done is and at the said time of that Trespass supposed to be done was a certain place called the Dens conteining in it self D. Acres of Land in G. aforesaid extending it self from the South from a certain place called G. in L. aforesaid unto a certain place called H. in G. aforesaid against the North-West and so extending from the foot of the Rock of the Cliff untill the Sea against the East and that he at the said time of the said Trespass supposed to be done and long before of 3. Messuâ—ges and 16. Acres of Land with the appurtenances in L. aforesaid was seised in his Demesn as of Fee And that he and all those whose estate he hath in the said 3. Messuages and 16. Acres of Land with the appurtenances from the time of which c. had were accustomed to have common of Pasture of and in the said places caâ—led the Dens within the said Bounds and Limits with all and all manner of his Cattle and living Creatures whatsoever at all time of the year by which the said R. B. at the said time of the said Trespass supposed to be done his said Cattle into the said Close in the said place called the D. in G. aforesaid within the said Bounds and Limits to the said Grass there then growing to feed in using his said Common by the time aforesaid did put as to him it was lawfull which things are the same breaking of the Close treading consuming and eating up of the said Grass whereof the said G. before himself doth now complain And this c. Whereupon he prayeth Judgement if an Action c. And the said W.C. saith that the said E. No Action The other Defendant saith that he likewise is seized of certain other Lands c. in Fee by reason of which he hath Common of pasture in the place in which c. and that he put in Cattle c. in using the Common c. which is the same Trespass c. and so justifies because he saith that the place in which the said Trespass supposed to be done is and at the said time of that Trespass before supposed to be done was the said place called the Dens and that he at the time of that Trespass before supposed to be done and long before was likewise seised in his Demesn as of Fee of and in two Messuages and 2. Acres of Land with the appurtenances in L. aforesaid and that he and all those whose estate he hath in the said two Messuages and two Acres of Land with the appurtenances from the time of which c. had and were accustomed to have Common of Pasture in the said place called the Dens within the said bounds and limits with all and all manner of his Cattle and living Creatures whatsoever at all time of the year by which the said W.G. at the said time of the said Trespass supposed to be done his said Cattle into the said Close in the said place called the Dens in G. aforesaid within the said bounds and limits to the said Grass there then growing to feed in using his said Common by the said time put as to him it was lawfull which matters are the same breaking of the Close treading consuming and eating up of the said Grass whereof the said E. before himself how complaineth And this c. whereupon c. And the said E. B. saith To the Plea of one of the Defendants the Plantiff saith that the Trespass done was aswell in the said place called the Dens as in another place called the East Heath and because the Defendants to the Trespass in the same place called East Heath of new assigned doe not answer prayeth Judgment c. New Assignment that he by any matter before alleged from his said Action against the said R. B. and W.C. had ought not to be precluded because he saith that the said Close and also the place in which the said Trespass whereof the said E.
to say the first day of August in the first year of the Reign of the said now King Edward the sixth at Alhallowes aforesaid demised the moiety of the said Tenements with the appurtenances unto the said John Wood to have and to hold the same moiety of the said Tenements with the appurtenances unto the said J.W. and his Executors from the said first day of August untill the end and tearm and for the Tearm of twelve yeares from thence forth next ensuing and fully to be compleated by vertue of which said demise the said J.W. into the moiety of the said Tenements with the appurtenances entred and was thereof possessed untill the said S. him the said J. W of the moiety of those Tenements with the appurtenances thrust out and the said A. B. of the same unjustly and without judgement disseised upon the possession of which said S. thereupon the said J. Wood before the said time of the said Trespasse done claiming his said tearm of and in the same into those Tenements with the appurtenances entred and was thereof possessed by virtue of the said Demise untill the said S. afterwards that is to say at the said time of the said Trespasse done the said Close did break Without this and the said Cattell then and there did take and the same in form aforesaid impounded in manner and form as the same J. Wood before against him himselfe complaineth without this that the said R S. was seized of the said whole tenements with the appurtenances in manner and form as the said S. above in his said Barr hath alleadged and this c. whereupon from which the same S. the said trespasse before acknowledging prayeth judgement and his damages by occasion of that trespasse to be adjudged unto him c. ANd the said S. as before saith that the said R.W. was seized of the said whole tenements with the appurtenances in manner and form as the same S. before in pleading hath alledged and of this he putteth himself upon the Country c. Justification of Trespasse for Lands in Gavel-kinde AND the said G. W. by R.H. his Attorney cometh and defendeth the force and wrong when Kent Justification in Trespasse for that that the Tenements were of nature of Gavel-kind in the County of Kent c. and as to the coming with force and armes c. not guilty and as to the residue of the said Trespass before supposed to be done the same G. saith that the said E. and A. no action because he saith that the said Close called R. otherwise B. doth contain and at the said time of the said Trespasse before supposed to be done did contain eighteen acres of land and wood with the appurtenances of which said Tenements with the appurtenances long before the said time in which c. one E.W. the Elder Grand-Father of the said G.W. the now defendant was seized in his demesne as of fee and him the said G.W. the grand-father of those Tenements with the appurtenances so being seized the same G.W. the Grand-Father before the said time in which c. died thereof by protestation seized after th death of whichsaid G.W. the G-F those Tenements w th the appurtenances for that they are of the tenure and nature of gavelkind in the said county and that all Lands and tenements of the same Tenure and nature in the same county from the time the contrary of which memory c. were parted and partable between the heirs males did discend to T W. as Son and Co-heir of the said G. the Grand Father and unto the aforesaid G. the now Defendant and R.W. his Brother and Margery Bedell as Kinne and Co-heir aforesaid of the said G. W. their Grand-Father that is to say unto the aforesaid G. the now Defendants and to the said R. his Brother as Sonnes and heirs of one R.W. one of the Sons and Co-heirs of the said G. W. the elder and unto the aforesaid T.W. as another of the sons and Co-heirs of the said G. the said G.W. the now Defendants Grand-Father and unto the said Margery as the Son of A. another of the Sons and Co-heirs of the same G.VV. the Grand-Father Discent By vertue of which the said G.VV. the now Defendant and the said R. VV. his Brother into the said Tenements with the appurtenances before the said time in which c. entred and were and as yet do thereof remain thereof seized in their demesne as of Fee and the same Tenements with the appurtenances do hold In common and undivided and at the time of the said Trespasse supposed to be done and at the day of the filing of the said Bill that is to say the tenth day of October in the sixth year of the Reign of the said now King held in common and undivided with the said Edward and Alice who the pur-party of the said Margery of and in the said Tenements do hold from the said Day of filing of the said Bill they have holden for tearm of years then during from the demise of the said Margery and one John Bedell her husband And this c. Whereupon he prayeth Judgment if an Action c. NOt to be precluded because he saith Plaintiff saith that the said G.W. the Grand-Father infeossed one A.W. his Sonne which said A. had issuee Margery W. and dyed unto which said Margery the Tenements discended in the right of an heir and the same Margery tooke to husband one J.B. and the said J.B. and M. demised the Tesements unto S.S. and A. his wife now one of the Defendants and afterwards the same S.S. dyed and the same A took to husbanb the said E. now one of the plaintiffs by vertue of which said demise they the said E. entred that well and true it is that the said G.VV. the Grand-Father in the said Barr before named was seized of the said Tenements with the appurtenances in his demesne as of Fee in manner and form as the said G. the now Df. before in pleading hath alleadged and that the same G.VV. the Grand-Father so thereof being seized before the said time of the said trespas done of the said tenements with the appurtenances infeoffed the said A.VV. his Son to have the same Tenements with the appurtenances unto the same A. and his heirs for ever by vertue of which said Feoffment the same A.VV. was seized of the said Tenements with the appurtenances in his Demesne as of Fee and him the said A. of the said Tenements with the appurtenances so being seized the same A. of those Tenements with the appurtenances died seized after the death of which said A. the said Tenements with the appurtenances discended unto Margery VVallis Daughter and heir of the same A. by vertue of which the same M. into the said Tenements with the appurtenances long before the said time of the said trespas done entred and was thereof seized in her demesne as of fee and she the said
R. that is to say upon the said thirty six Acres of Land growing eating up and Damage there unto the said R. doing the same W. W. that Colt for that Damage then and there as afore it is said done took and lead away as unto them it was lawfull And this c. whereupon c. Not to bee precluded because he saith that long before the said time in which c. the said R. M. in the said Bar before named was seized of the said Tenements with the Appurtenances in his Demesne as of Fee and so thereof being seized before the said time in which c. that is to say the twelfth day of August in the first yeare of the Reigne of the said now King Edward the sixth at A. in the said County of D. demised the said Tenements with the Appurtenances unto the aforesaid W. S. to have to him and his Assignes from the Feast of Saint Michaell the Arch-angell from thence next ensuing untill the end and tearm of three yeares from thence forth next following and fully to be compleat by virtue of which said Demise the same W. S. into the said Tenements with the Appurtenances before the said time in which c. entred and was thereof possessed and he the said W. S. of the said Tenements with the Appurtenances so being possessed the same W. S. before the said time in which c. the said Colt into the said Tenements with the Appurtenances to the Grasse there growing as the proper Grasse of him the said W. S. put to feed which said Colt was there the Grasse there growing feeding upon untill the said W. W. at the said time in which c. upon the Possession of him the said W. S. into the said Tenements with the Appurtenances entred and the said Close in the said place in which c. did breake and the said Colt then and there did take and lead away in manner and form as the same W. S. before against him complaineth And this c. whereupon from which the said W. W. the said Trespasse in form aforesaid done before acknowledging prayeth Judgment and his Damages by occasion of the said Trespasse to be adjudged unto him c. Defendant maintaineth Plea without this that the said stranger demised the said Tenements AND the said W. W. as before saith that the said Tenements with the Appurtenances are and at the said time in which c. were the Ground and Free-hold of the said R. M. by which the same W. W. at the said time in which c. into the said Tenements with the appurtenances as Servant of the said R. and by their Command entred and the said Close as the proper Close of him the said R. did breake and for that he the same W. W. found the said Colt the said Grasse of the said R. upon the Ground of him the said R. that is to say upon the said thirty six Acres of Land growing eating up Damage thereunto the same R. doing the same W. that Colt for that Damage Without this then and there as before is said done did take and lead away as to him it was lawfull without this that the said R. M. demised the said Tenements with the Appurtenances unto the aforesaid W. S. in manner and form as the said W. S. before in replying hath alleadged And this c. whereupon as before prayeth Judgment and that the said W. S. from his said Action against him the said W. W. had may be precluded c. And the said W. S. as before saith that the said R. M. demised the said Tenements with the Appurtenances unto the said W. S. in manner and form as the said W. S. before in replying hath alleadged and this he prayeth that it may be inquired of c. AND the said S. S. by W. D. his Attorney Suff. ss Defendant iustifies Trespasse by virtue of a Demise made by a Master of a Colledge cometh and defendeth the force and wrong when c. And as to the coming with force c. not guilty and as to the residue of the said Trespasse before supposed to be done the same S. saith that the said R. no Action because he saith that the said Close and also the place in which it is supposed the said Trespas before to be done are and at the said time of the said trespas before supposed to be done were a hundred Acres of Lands and Pasture with the Appurtenances in E. aforesaid parcell of the Mannor of E. with the appurtenances in the County aforesaid of which said mannor with the appurtenances long before the said time in which c. one G. W. Clark late Master of the late Colledge of R. in the County of Norffolke and the Fellowes of the same late Colledge were seized in their demesne as of fee in the right of their said Colledge and them the said late Master and fellowes of the said late Colledge of that Mannor with the appurtenances whereof c so thereof being seized they the said late Master and fellowes of the said late Colledge before the said time in which c. that is to say the twentieth day of December in the year of the Raign of the Lord Henry the eighth late King of England 30. at R. in the said County of Norffolke by their certain writing indented with the common seal of them the late Master and fellowes sealed and unto the Court of the Lord the now King here shewed whose date is the same day and year by their unanimous assent and consent did demise and to farm let unto the aforesaid S. his heirs Executors and Assignes the said mannor of E. with the appurtenances in the laid county of Suffolke with all arrable Lands and pasture of Sheep with all their appurtenances and other commodities unto the said Mannor and preimses belonging as well within the town E. aforesaid as within other towns unto the same adjacent with the Lands and Pastures lying at Dead-mans Grave to have and to hold the same Mannor with the appurtenances whereof c and other the premises unto the aforesaid S. his Executors and Assigns from the Feast of the invention of the holy Crosse last past before the date of the said writing indented untill the end and tearm of fifty years from thence forth next insuing and fully to be compleat by virtue of which said demise the said S. into the said mannor with the appurtenances whereof c. before the said time in which c. entred and was thereof possessed and the said R. claiming the said mannor with the appurtenances whereof c. by colour of a certain deed of demise unto him thereof made for the tearm of his life by the said late Master and fellowes of the said late colledge long before the said demise unto the aforesaid S of that mannor with the appurtenances whereof c. as afore is said made where nothing of that Mannor with the appurtenances whereof
his Continuance and being at the aforesayd time of the aforesayd Demise of the same Mannor with the appurtenances whereof c. to the aforesayd S. by the aforesayd late Master and Brotherhood in forme above in the Barr aforesayd specified was supposed to be done By which the same Demise in the Barr aforesayd pleaded in the same manner and forme made is voyd and of none effect And this c. Whereupon for that the aforesayd S. the Trespasse aforesayd in the aforesayd hundred Acres of Land with the appurtenances above acknowledgeth the same R. prayes Judgement and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid S. as formerly saith The Defendant maintaines his Plea and traverseth the demise of the Master and Brother-hood to T. Bostnay and S. That the aforesaid late Master and Brotherhood aforesayd of the late Colledge long before the aforesayd time of the Trespasse aforesayd above supposed to be done were seized of the Mannor aforesayd with the appurtenances whereof c. in their Demesne as of Fee in right of their Colledge aforesayd And the said late Master and Brotherhood of the same late Colledge of that Mannor with the appurtenances whereof c. being seized the same late Master and Brotherhood of the aforesayd late Colledge before the aforesayd time wherein c. to wit the aforesaid twentieth day of December in the thirtieth yeare of the Raign of the aforesayd late King at R. aforesayd by their aforesayd Writing indented with the Seale of them the sayd Master and Brotherhood sealed and to the Court of our aforesayd late Queen shewen as aforesayd whose date is the same day and yeare by their unanimous assent and consent did demise and to Farme let unto the aforesayd S. his Heires Executors and Assignes the aforesaid Mannor of E. with the appurtenances to have and to hold the aforesaid mannor with the apuptenances whereof c. to the aforesayd S. his Executors and Assignes from the aforesayd Feast of the Intention of the holy Crosse last past before the date of the said indented Writing unto the end and terme of fifty yeares from thence next following and fully to be compleat and ended By vertue of which sayd Demise the aforesayd S. into the Mannor aforesayd with the appurtenances did enter and was thereof possessed in manner and forme as the aforesayd S. above by pleading hath alledged Without that that the aforesayd late Master and Brotherhood aforesayd of the late Colledge demised the Mannor aforesayd with the appurtenances whereof c. to the aforesayd E. Bestnay and S. in manner and forme as the aforesayd R. above by Replication hath alleadged And this c. Whereupon he prayes Judgment and that the aforesayd R. may be debarred from having his Action aforesayd against him c. AND the aforesayd R. F. as formerly saith That the aforesayd late Master and Brotherhood of the aforesayd late Colledge did demise the Mannor aforesayd with the appurtenances whereof c. to the aforesayd E. B. and S. in manner and forme as the aforesayd R. above by Replication hath alledged and this hee prayes may be inquired of by the Countrey And the aforesaid S. in like manner c. Therefore command is to the Sheriff of Norfolke A Justification in Trespasse by a Prescription for a Procession way in another place then in the declaration with a traverse that he is guilty in the place in the declaration that he cause to come here twelve c. AND the aforesayd T. A. R. T. M. and others by W.H. their Attorney come and defend the force and injury when c. And the aforesayd T. M. sayes That he is in nothing thereof guilty And of this c. and the aforesaid Prior in like manner c. And the aforesaid T. A. R. and others as to the coming by Force and Armes say that they are in nothing thereof guilty And of this c. and the aforesaid Prior in like mannor c. And as to the residue of the Trespasse aforesaid supposed to be made they the said T A.R. and others say that the aforesaid Prior ought not to have his action aforesaid against them Because they say that long before the aforesaid time wherein the Trespasse aforesaid is supposed to be done one E. M. was seized of one Marsh called forty acres containing forty acres of Marsh land with the appurtenances lying in the Parish of H. in the County aforesaid in his demesne as of fee and being so thereof seized before the said time wherein c. at H. aforesaid demised the aforesaid forty acres of Marsh Land to the aforesaid Prior to hold to him at the will of him the said E. By vertue of which demise hee the said Prior the aforesaid time of the Trespasse aforesaid supposed to be made was thereof possessed further say that the same T. A. is and the aforesaid time of the Trespasse aforesaid supposed to be done was Vicar of the Parish Church of H. aforesaid and that they the said R. and others at the same time of that Trespasse supposed to be made were Parishioners of the same Parish of H. and dwelling within the same Parish and further say that the aforesaid T.A. and all his predecessors Vicars of the Parish Church of H. aforesaid and whomsoever Parishioners of the same Parish from the time being from time out of minde were used and accustomed yearly at their pleasure on the Eve of Ascention day within the Rogation dayes to go and walk about through the Marsh aforesaid with solemne procession of the aforesaid Parish of H. By which the aforesaid T. A. the aforesaid time of the Trespasse aforesaid supposed to be made then being Vicar of the same Church And the aforesaid R. and others then Parishioners of the same Parish of H. and dwelling within the same Parish on the Eve of Ascention day within the Rogation daies in the aforesaid first year of the Reign of our Lord the King that now is with other Parishioners of the same Parish with the solemne procession of the same Parish did goe and walke about the aforesaid forty acres of Marsh The aforesaid Prior then of the Marsh aforesaid being possessed by vertue of the demise aforesaid to him made and in that walking about the grasse aforesaid in the same Marsh then growing by walking with their feet they did tread down and consume as it was lawfull for them to doe Without that that the aforesaid T. A. R. and others are guilty of the Trespasse aforesaid in S. aforesaid supposed to be done in the forme which the aforesaid Prior above against them complaineth and this c. Whereupon they pray judgement whether the aforesaid Prior ought to have his action aforesaid against them ANd the aforesaid Prior sayes Issue upon the Traverse that he ought not be debarred from having his Action aforesaid against c. Because he saith by Protestation that the aforesaid
Marsh called forty acres is in Seasalton aforesaid and not in the parish of H. by protestation also that the aforesaid E. was not seized of the aforesaid forty acres of Marsh nor demised them to him the said Prior in form aforesaid and not acknowledging any thing by the said T. A. R. and which is above alledged to be true For plea saith that the said T. A. R. and others are guilty of the Trespasse aforesaid in Seasalton aforesaid in the form wherein he the same Prior above against them complaineth and this he praies may be enquired of by the Country and the aforesaid T. A. R. and others in like manner c. ANd the aforesaid W.T. and T.C. by W.R. their Attorney come and defend the force and injury when c. Justification in Trespasse for a â—erriot Custome And as to the coming by force and armes c. or whatsoever c. not guilty And as to the taking of the Oxe aforesaid they the said W. and T. say that the aforesaid Administrator ought not to have his Action aforesaid against them Because they say that long before the aforesaid time wherein the aforesaid I. the Testator c. was seized of twenty acres of Lands with the appurtenances in B. aforesaid in his demesne as of Fee And being so thereof seized held the same twenty acres of Land with the appurtenances of Thomas Bishop of London as of his Mannor of Boughton Aylusse in the County aforesaid by fealty and rent of 12 d. by the year that is to say at the Feast of St. Andrew the Apostle 3 d. thereof and at the feasts c. 3 d. thereof residue by equall portions yearly to be paid And by the service of doing Suit to the Court of the said Bishop of his Mannor aforesaid from three weekes to three weekes at Boughton A. aforesaid to be held and by the service of rendring after the death of each Tenant dying thereof seized and after each alienation of the same twenty acres of Land in fee made by way of releife three pence one farthing and the third part of one farthing And by the service of rendring to the aforesaid Bishop after the death of each Tenant dying of the aforesaid twenty acres of Land seized the best living beast of the same Tenants at the time of his death in the name of a Herriot of which said services the same Bishop was seized by the hands of the aforesaid Testator as by the hands of his true Tenant and otherwise thus That the aforesaid Bishop and all his Ancestors and all they whose estate the same Bishop hath in the aforesaid Mannor of B A. with the appurtenances have had and time out of minde were accustomed to have of all and all manner of Tenants of the Mannor aforesaid and of each Tenant of the same Mannor whose Lands or Tenements of the Lord of the Mannor aforesaid as of the same Mannor holdeth and these Lands or Tenements or any parcell thereof so held he alienateth to any person or persons in fee notice thereupon in the life time of him who alienateth those Lands or Tenements by them or by him to which or to whom such Lands or Tenements should be sold to the Lords of the said Mannor for the time being being not given or made after the death of such Tenant so alienating the best living beast which was his the said Tenants so alienating at the time of his death by the name of a customary Herriot And the aforesaid W. and I. say that the aforesaid I.S. the Testator c. was seized of the aforesaid twenty acres of land with the appurtenances in his demesne as of Fee and being so thereof seized enfeoffed T.S. and I.S. of the same twenty acres of Lands with the appurtenances of the aforesaid Bishop in forme aforesaid then being held to hold to them their heirs and assigns for ever By vertue of which said Feoffment they the said T.S. and I.S. were thereof seized in their demesne as of Fee and the aforesaid J.S. the Testator afterwards dyed No notice by the same T.S. and I.S. or either of them of that Feoffement to the aforesaid Bishop at the time of the said Feoffement then as yet being Lord of the Mannor in the life of the aforesaid J.S. the Testator being given or made and the aforesaid W. and T. further say that the aforesaid I. S. the Testator at the time of his death was possessed of the Oxe aforesaid as of his proper Oxe which then was his best living beast at the time of his death By means whereof they the said W. and T. as the servants of the same Bishop and by his command the aforesaid time wherein the Trespasse aforesaid was supposed to be made The Oxe aforesaid as the best living Beast which was the aforesaid I.S. the Testator at the time of his death in the custody of the aforesaid Administrators at B. A. aforesaid there found in the name of a customary Herriot they took and led away as it was lawfull for them to doe And this c. whereupon c. AND the aforesaid I.T.S. and I. Administrators c. say The Plaintiffe sayes by Protestation that the Lands were 〈◊〉 held by such or so many services put c. for Plea that they did the Trespasse de injuria propria and traverse the custome that they levy any thing c. ought not to be debarred from having their action aforesaid against them because by Protestation that the aforesaid twenty acres of Lands are not sold of the aforesaid Bishop by such nor so many services as the aforesaid W. and T. above have alleadged for Plea they say that the aforesaid W. and T. the day and year aforesaid by force and armes of their proper injury the Oxe aforesaid out of the possession of the Administrators aforesaid at B. aforesaid found they tooke and led away as the same I. T. S. and I. above against them complaine without that that the aforesaid Bishop and his Ancestors and all they whose estates the same Bishop hath in the aforesaid Mannor with the appurtenances were and from the whole time aforesaid were used and accustomed of all and all manner of the Tenants and of every Tenant of the Mannor aforesaid who holds Lands or Tenements of the Lord of the Mannor aforesaid as of the same Mannor And those Lands or Tenements or any parcell thereof so held shall have sold to any person or persons in Fee notice thereof in the life of him who shall so have alienated those Lands and Tenements by him or them to which or to whom these Tenements shall be sold unto the Lord of the same Mannor for the time being not being given or made after the death of the Tenant so alienating the best living beast which was of his the said Tenants so alienating at the time of his death in the name of a customary Herriot as the aforesaid W. and T. above hath
Trespasse aforesaid supposed to be done entred upon which said T.B. possession thereupon the aforesaid T. A. and W. as the servants of them the said F. and I. and by their commandement the aforesaid time wherein c. into the same Tenements with the appurtenances re-entred and the close aforesaid then there broke and the corne and grasse then there growing did tread downe and consume continuing that treading downe and consumption in forme aforesaid as it was lawfull for them to do And this c. Whereupon c. Whether action c. The Plaintiffe Assigns Trespasse anew AND the aforesaid T.R. sayes that he by any thing by the aforesaid T.A. and VV. pre-alleadged ought not to be debarred from having his action aforesaid against them of the Trespasse aforesaid made because he saith that the place in which the Trespasse aforesaid whereof he above now complaineth is and the said time wherein c. was two hundred acres of Lands in R aforesaid called Fatherfeild Thistlecrosse and Churchfield other then the Tenements aforesaid in the aforesaid barre of them the said T.A. and VV. specified VVhereupon for that the aforesaid T.A. and VV. to the Trespasse aforesaid in the aforesaid two hundred acres of Land answer not he prayes judgement and his damages by occasion of that Trespasse to be adjudged unto him c. ANd the aforesaid T.A. and W. as to the trespasse aforesaid in the aforesaid two hundred acres of land anew assigned supposed to be done The Defendants justifie the Trespasse in the lands anew assigned for certain way from their houses to the Church say that the aforesaid T.R. ought not to have or maintain his action aforesaid against them c. because they say that the aforesaid T.A. and W. are and the aforesaid time wherein c. were seized of one Messuage with the appurtenances in R. aforesaid in their demesne as of Fee and that they and all those whose estate the same T.A. and W. have in the same Messuage with the appurtenances were accustomed to have a certaine way from the said Messuage unto the Parish Church of R. over and upon the aforesaid two hundred acres of Land from the time out of mind c. By which the same T.A. and W. the aforesaid time wherin c. into the aforesaid two hundred acres of Land entred using their way aforesaid in the same as it was lawfull for them to doe which is the same trespasse of breaking the Close aforesaid and treading downe and consuming the grasse aforesaid in the same two hundred acres of Land whereof the aforesaid A. B. above against them complaineth And this c. whereupon they pray judgement whether the aforesaid T.B. ought to have and maintaine his action aforesaid against them c. ANd the aforesaid T.B. saies that he by any thing before alledged ought not to be debaâ—red from having his action aforesaid against them The Plaintiff by protestation saies the Defendant had no way for plea that they trod down the grasse out of the way because by protestation that the aforesaid T. A. and W. and all they whose state the same A.T. and W. have in the Messuage aforesaid have not had nor were accustomed to have the way aforesaid from the Messuage aforesaid to the Church aforesaid over and upon the aforesaid two hundred acres of Land in the aforesaid last bar specified from the time out of mind c. as they above by pleadings have alledged for plea he sayes that he the same T.B. was of the aforesaid two hundred acres of Land with the appurtenances long before the said time wherein c. seized in his demesne as of Fee untill the aforesaid T. A. and W. by force and armes aforesaid the Close aforesaid in the aforesaid two hundred acres of Land did breake and the come and grasse aforesaid out of that way growing did tread downe and consume in manner and forme as the same T. B. above by pleading hath alledged and this c. whereupon he prayes judgement and his damages by occasion of that trespasse to be adjudged unto him c. ANd the aforesaid T.A. and W. as to the trespasse aforesaid out of the way aforesaid in the aforesaid two hundred acres of Lands supposed to be made say that they are nothing thereof guilty And of this they put themselves upon the Country and the aforesaid T.B. in like manner c. The Defendants justifie the taking of a Mortuary by vertue of a Demise to them of the Rectory c. Trin. 21. Hen. 7. Rol 62 ANd the aforesaid R. P. and W. P. by A. B. their Attorney come and defend the force and injury when c. and as to the coming by force and armes or whatsoever c. not guilty c. and as to the residue c. the same R. and W. say that the aforesaid plaintiffe ought not to have his action c. because they say that one L. Prior of the house and Church of the blessed Mary and St. Thomas the Martyr of the now place near Guilford is and the said time wherein c. was Parson imparsonate of the Church of Ewel aforesaid and that he and all his Predecessors Priors of the house aforesaid from the time out of minde c. were Parsons of the same Church imparsonate in the same And that he and all his Predecessors aforesaid Parsons of the Church aforesaid by the whole time aforesaid were used and accustomed to have of every person within the Precinct of the Parish of Ewel aforesaid dying to whom the Sacraments and holy things at the time of his death are administred or administrable one living Beast of the same so dying person if the same dying man have beasts at the time of his death or before or the best thing of him the said so dying man if he have no living beasts at the same time in the name of a Mortuary for the holy things to him so dying to be celebrated And that the aforesaid Prior and all his Predecessours aforesaid Parsons of the Church aforesaid from the whole time aforesaid were used and accustomed to take and seize such Mortuary so happening to whose hands soever they should come And the same R.P. and VV. say that the aforesaid now Prior long before the said time wherein c. that is to say such a day and yeer at Ripley in the County aforesaid demised to the aforesaid R.P. the Rectory of Ewel aforesaid with all fruits oblations offerings glebes lands and other their appurtenances whatsoever To have and to hold to him the said R.P. and his Assigns untill the end and terme of one and twenty years from thence next following and fully to be compleat By vertue of which Demise the aforesaid R.P. long before the said time wherein c. was of the Rectory aforesaid and other the premises with their appurtenances possessed And hee being so thereof possessed after and before the said time that is to
paid that horse to him the said A. hee sold And the same horse to him the said A. then and there delivered By vertue of which said sale and delivery of that horse as of his proper horse was possessed and as yet is And the aforesaid C. the horse aforesaid out of the possession of him the said B. took and was thereof possessed untill the same A. the same horse as his proper horse at S. aforesaid at the time of the Trespasse aforesaid supposed to be made out of the possession of the aforesaid B. by means of the sale and delivery aforesaid he againe took and led away as it was lawfull for him to do And this c. Whereupon hee demands judgement c. AND the aforesaid C. sayes that he by any thing before alleadged The Plaintiffe pleads the property in another stranger who sold to him and traverses the sale made to the Defendant ought not to be debarred from having his action aforesaid against him c. because by protestation that the aforesaid propriety of the horse aforesaid was never the aforesaid B. for Plea he saith that long before the time of the Trespasse aforesaid made the propriety of the horse aforesaid was one T.H. which said T. of that horse as of his proper horse then being possessed that horse to him the said C. long before the said time wherein the Trespasse aforesaid was made to wit such a day and yeare and place and County for a 100 s. to him the said T. in hand paid sold to him the said C. the horse aforesaid And that horse to him the said C. then and there delivered By vertue of which said sale and delivery the same C. of that horse as of his proper horse was possessed untill the aforesaid A. the horse aforesaid at S. aforesaid at the time of the Trespasse aforesaid made by force and arms out of the possession of him the said C. he took and led away as he by his aforesaid Writ and declaration above against him complaineth Without that A Traverse of the sale to the Defendant that the aforesaid B. the horse aforesaid to the aforesaid A. at D. aforesaid the aforesaid such a day and yeare sold in manner and forme as the aforesaid A. above alleadgeth And this c. Whereupon for that the aforesaid A. the Trespasse aforesaid above acknowledgeth hee prayes judgement and his damages by occasion of the Trespasse aforesaid to be adjudged unto him c. Issue upon the Traverse AND the aforesaid A. sayes that the aforesaid B. the horse aforesaid to the aforesaid A. at D. aforesaid the day and year aforesaid sold in manner and form as he above hath alleadged And of this he puts himselfe upon the Country And the aforesaid C. in like manner c. Therefore the Jury is to come c. Institutions in trespasse for want of reparation of the hedges by the Plaintiffs Trin. 22. Hen. 6. Rol. 89. AND the aforesaid T. and I. by I.H. their Attorney come and defend the force and injury where c. And as to the coming by force and armes c. not guilty And as to the breaking of the close aforesaid and the eating up treading downe and consuming of the grasse aforesaid the same T. and I. say that the aforesaid N. ought not to have his action aforesaid against them because they say that they 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 N. in which the grasse aforesaid grew in K. aforesaid in their demesne as of Fee Between which said closes there is a certaine hedge separating each from other the aforesaid closes Which said hedge the aforesaid N. and all they whose estate the same N. hath in the close aforesaid from time out of minde were accustomed to make repaire and sustaine and say that that hedge for want of reparation and sustaining of the same was at the time of the Trespasse aforesaid supposed to be made broken downe and laid prostrate to the ground and that the Cattell of them the said T. and I. in their close aforesaid put to depasture into the said close of the aforesaid N. by the breach and decay of the said hedge did enter against the will of them the said T. and I. and the grasse aforesaid did eat up tread downe and consume the same T. and I. their Cattell aforesaid freshly pursuing into the said close of the said N. by the breach and decay aforesaid did enter to drive backe their cattell into the said close of them the said T. and I. and into that close speedily drove them as it was lawfull for them to doe which is the same Trespasse and breach of close and feeding treading downe and consuming the grasse aforesaid whereof the aforesaid N. above against them complaineth And this they are ready to aver c. whereupon c. The Defendants plead that the Vicar was seized in right of his Vicaridge and justifie as his servants Essex AND the aforesaid H.T.R. and VV. by T. G. their Attorney come and defend the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the breaking of the close and how aforesaid say that they are not guilty c. And as to the breaking of the close and house aforesaid they the same H.R. and VV. say that the aforesaid C. ought not to have thereof his action aforesaid against them because they say that the close and house aforesaid and also the place in which it was supposed the same Trespasse to be made The form of pleading where the quantity of the close is not ascertained in the Declaration was one house acre of Land with the appurtenances in Eastham aforesaid which are and the aforesaid time wherein c. were parcel of the Mannor of Eastham in the County aforesaid whereof before the said time wherein c. one I.R. Vicar of the Church of Eastham aforesaid was seized in his demesne as of Fee in right of his Vicaridge aforesaid by which the same H. R. and W. as the servants of him the said I. R. and by his command the aforesaid time wherein c. the close and house aforesaid did break as it was lawfull for them to doe And this c. Whereupon they pray judgement whether the aforesaid C. ought to have or maintaine his action aforesaid against them c. AND the aforesaid Plaintiffe sayes The plaintiffe replies that the Vicar demised to him c. that he by any thing before pre-alleadged ought not to be debarred from having his action aforesaid against them of the breach of the close and house aforesaid because he saith that it is well and true that before the said time of the Trespasse aforesaid made the aforesaid I.R. was seized of the aforesaid house and one
that the aforesaid I. the Imprisonment aforesaid above acknowledgeth he prayes judgement and his damages by occasion of that Imprisonment to be adjudged unto him c. Issue upon the Traverse AND the aforesaid I. as formerly saith that the aforesaid R. the aforesaid time of the imprisonment aforesaid above supposed to be made was a Vagrant and Vagabond as the same I. in his Barre above by pleading hath alleadged And of this he puts himself upon the Country and the aforesaid R. in like manner c. Iustifie imprisonment as by seising of the Ward within age for that the father held of him in Knights service Mich. 50. Hen. 6. Rolle 75. AND the aforesaid R.L. by W. B. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and the wounding aforesaid sayes that he is in nothing thereof guilty c. And as to the residue of the Trespasse aforesaid above supposed to be made sayes that no action c. because he saith that one W.C. was seized of one Messuage and one hundred acres of Land with the appurtenances in H. in the County of L. in his Demesne as of Fee and so being thereof seized the same Messuage and Land with the appurtenances he held of him the said R. as of his Mannor of H. in H. aforesaid in the County of L. by Knights service that is to say by Homage Fealty and Escuage of our Lord the King of 40 s. when it shall happen unto 10 s. and unto more more c. and unto lesse lesse c. And by doing service of suite unto the Court of him the said R. of his Mannor of H. aforesaid two times of the yeare by reasonable warning to him the said W. thereupon made of which said services the same R. was seized by the hands of the aforesaid W. C. as by the hands of his true Tenant and after and before the Trespasse aforesaid above supposed to be made the same W. dyed of such his Estate of and in the Messuage and Lands aforesaid with the appurtenances seized after whose death the same Messuage and Lands with the appurtenances did discend to the aforesaid H. as to the sonne and heire of the said W. which said H. as yet remaines within the age of one and twenty years By which the same R. after the death of him the said W. at the time of the Trespasse aforesaid supposed to be made as the Keeper of him the said H. during his minority by reason of his Tenure aforesaid his hands softly upon the said H. at H. aforesaid he laid and the body of him the said H. by reason of the premise he there seized and took and in his custody by the time aforesaid he kept as it was lawfull for him to do which said seizing and taking of him the said H. and laying hands of him the said H. out of the cause aforesaid and the keeping of him are the same assault beating imprisoning and evill handling whereof the aforesaid H. above now complaineth And this he is ready to aver Whereupon hee prayes jugdement whether the aforesaid H. ought to have his action aforesaid against him c. And the aforesaid H. sayes that he by any thing before by him the said R. pre-alleadged ought not to be debarred from having his action aforesaid against him of the assault beating evill handling and imprisonment aforesaid because by protestation that the aforesaid W. did not dye seized of the aforesaid Messuage and Lands for plea he saith that the same W. held six acres of Lands parcell of the aforesaid C. acres of Land at the time of the Trespasse aforesaid made of the said R. by fealty and rent of 20 d. by the yeare at the feasts of the birth of our Lord and S. Michael the Arch-angel by equall portions yearly to be paid for all services Without that that the said W. held the aforesaid Messuage Traverse the holding by Knights service and a hundred acres of Land with the appurtenances or any parcell thereof of the aforesaid R. by Knights service in the forme wherein the same R. above by pleading hath alleadged And this he is ready to aver Whereupon for that that the aforesaid R. above hath acknowledged c. he prayes judgement and his damages by occasion of that assault c. to be adjudged unto him c. AND the aforesaid R. sayes Issue upon the Traverse that the aforesaid W. held the aforesaid Messuage and a hundred acres of Land with the appurtenances of the aforesaid R. by Knights service in the forme wherein hee the said R. above by pleading hath alleadged And of this he puts himselfe upon the Country And the aforesaid H. in like manner c. Therefore the Jury between them is to come c. Trespasse and assault against the man and wife the man pleads not guilty and assault demesne for his wife AND the aforesaid T. and A. by W. F. their Attorney come and defend the force and injury when c. And the aforesaid T. sayes that he is in nothing thereof guilty c. And of this he puts himselfe upon the Country And the aforesaid H. and I. in like manner c. And the aforesaid T. and A. for the aforesaid A. say that as to the coming by force and armes or whatsoever which is against the peace c. say that shee is in nothing thereof guilty And of this they put themselves upon the Country and the aforesaid H. and I. in like manner And as to the residue of the Trespasse aforesaid above supposed to be made the same T. and A. for the aforesaid A. say that the aforesaid H. and I. ought not to have their action aforesaid thereupon against them because they say that the aforesaid I. the day and yeare aforesaid on her the said A at E. aforesaid made an assault and her there would beat wound and evill entreat unlesse she the said A. had then defended her selfe And so the evill if any to her the said I. then and there happened that was of the proper assault of her the said I. and in the defence of the said A. And this the same T. and A. for the aforesaid A. are ready to aver Whereupon they pray judgement whether the aforesaid H. and I. ought to have thereupon their action aforesaid against them c. AND the aforesaid H. and I. say that they by any thing before pre-alleadged ought not to bee debarred from having their action aforesaid against the said T. and A. for that they say that the aforesaid A. by force and armes of her proper injury and without such cause by them above alleadged on her the said I. the day and year above written made an assault and her the said I. did beat wound and evill treat as the same H. and I. above by their Writ and Declaration aforesaid against them complaine And this they pray may be
A. aforesaid at L. aforesaid he did breake and the aforesaid one Cow of the aforesaid Cowes he took and drove away in manner and forme as the same A. above against him complaineth Traverse of the place Without that that the aforesaid Tenement called A. is within the Hundred of O. aforesaid as the aforesaid J. above by pleadings hath alleadged and this c. whereupon for that that the aforesaid J. the taking of one Cow of the aforesaid Cowes taken for a Herriot for the aforesaid Tenement called A. above acknowledgeth the same A. prays judgement and her damages by occasion of the taking and driving away of that Cow to be adjudged unto her c. The Plaintiffe pleads as to the other Cow that the Defendant took the Cow de son toyt demesne and traverses the custom And as to the taking of the other Cow of the aforesaid Cowes for a Herriot for the aforesaid Tenement called B. the aforesaid A. saies that the aforesaid J. of his own proper injury and without such cause by him above by pleading alleadged the aforesaid day and yeare in the Declaration aforesaid above specified the Close of him the said A. aforesaid at L. aforesaid he did breake and the aforesaid other Cow of the Cowes aforesaid he tooke and drove away in manner and forme as the same A. above against him now complaines Traverse of the custome Without that that within the Hundred of O. aforesaid there is had or time out of mind there hath been had any such laudable and ancient Custome Issues upon both Traverses that is to say that the Lord of every Tenant for the time being within the Hundred of O. aforesaid after the death of every Tenant who should dye seized in his Demesne as of fee of any Lands Tenements or Hereditaments within the said Hundred held by fealty and rent should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dead of which the same Tenant dyed possessed for a Herriot for every such Tenant as the aforesaid I. above by pleading hath alleadged and this c. whereupon for that the aforesaid I. the taking and driving away of the aforesaid other Cow of the Cowes aforesaid above in like manner acknowledgeth for iâ— Herriot for the aforesaid Tenant called B. the same A. in like manner praies judgement and her damages by occasion of the taking of that Cow to be adjudged unto her c. AND the aforesaid I. as to the taking of the aforesaid one Cow of the Cows aforesaid for a Herriot for the aforesaid Tenement called A. taken and driven away as formerly saies that the aforesaid Tenement called A. is within the Hundred of O. aforesaid in manner and form as the same I above by pleading hath alleadged And of this he puts himselfe upon the Country and the aforesaid A. in like manner c. and as to the taking and driving away of the other Cow of the Cowes aforesaid for a Herriot for the aforesaid Tenement called B. the same I. as formerly sayes that within the Hundred of O. aforesaid is had and time out of mind there hath been had any such c. as before in the last Traverse in manner and forme as the same I. above in like manner by pleading hath alleadged and of this in like manner the aforesaid I. puts himselfe upon the Country and the aforesaid A. in like manner c. therefore as well to the trying c. the Jury thereupon is to come c. AND the aforesaid W. and R. by R. D. their Attorney Iustification of cutting of wood for Estators by prescription come and defend the force and injury when c. and as to the coming by force and Armes or whatsoever which is against the peace c. as also the cutting taking and carrying away of a hundred Oakes and two Ashes and 80 Cart-load of under wood of the aforesaid C. Cart-load of under-wood sayes that they are in no wise thereof guilty And of this c. And as to the taking and carrying away of twenty Cart-load of the aforesaid C. Cart-load of under-wood residue as also the whole residue of the Trespasse aforesaid above supposed to be made they the same W. and R. say that the aforesaid E. ought not to have her action aforesaid against them because they say that the Close aforesaid as also the places wherein the Trespasses aforesaid are above supposed to be made and at that same time wherein those Trespasses were supposed to bee made were a certaine Wood called Mylnehop Wood containing in it 60 acres of Wood with the appurtenances in M. aforesaid and that long before the said time wherein c. as also at the same time wherein c. the aforesaid W. was seized of one Messuage and twenty acres of Land with the appurtenances in M. aforesaid in his demesne as of fee and that to the same Messuage and twenty acres of Land with the appurtenances the same W. and all his Ancestors and all they whose estate the same W. now hath and the aforesaid time wherein c. had of and in the aforesaid Messuage and twenty acres of Land with the appurtenances had and from time out of minde were accustomed to have for themselves their Farmers and Tenants of the same Messuage and twenty acres of Land with the appurtenances reasonable Estators in the aforesaid C. acres of Wood for their owne proper necessary fire-boot in the same Messuage of him the said W. to be spent and burnt as unto the same Messuage Fire-booâ— and twenty acres of Land with the appurtenances belonging By which he the same W. in his owne proper right and the aforesaid R. as the servant of him the said W. the same time wherein c. in the aforesaid sixty acres of Wood with the appurtenances did enter And the aforesaid twenty Cart-load of underwood residue c. for the aforesaid necessary fire-boot of him the said W. according to the custome aforesaid in the aforesaid Messuage to be spent and burnt in the aforesaid sixty Acres of Wood with the appurtenances then growing and uncut by using there the common of Estevors of him the said W. they cut downe took and carried away as it was lawfull for them to doe Which said entry into the aforesaid sixty acres of wood with the appurtenances out of the cause aforesaid is the same entring and breaking of the Close aforesaid And which said cutting downe taking and carrying away of the aforesaid twenty Cart-load of underwood residue of and for necessary fireboot aforesaid according to the custome aforesaid in the aforesaid place in which c. as aforesaid cut downe taken and carried away are the same cutting taking and carrying away of the same twenty Cart-load of underwood residue c. whereof the aforesaid E. above against them complaines And this they are ready to aver Whereupon they pray judgement whether the aforesaid E.
form of the Statute aforesaid in manner and form as he the same T. above by his Declaration alleadgeth and of this he puts himselfe upon the Countrey And the aforesaid T. A. who as well prosecutes for our Lady the Queen as for himselfe in like manner c. Vpon the Statute of Mayntenance where the Defendant took promise to have parcell of the Land Declar. as before yet the aforesaid R. little weighing the Statute aforesaid after the publishing the Act aforesaid to wit such a day and yeare at Derby for a certaine summe of money between him the said R and one W. L. of C. in the County of W. Yeoman agreed upon took of the same W. a promise to have the Moyetie of eight Messuages three Cottages and twenty Acres of Land with the Appurtenances in Derby of which said Moyetie of the same Tenements with the Appurtenances the aforesaid W. or any of his Predecessors or he by whom the said W. clayms the same Moyetie with the Appurtenances was not nor were not in possession nor seised of the same in Reversion or Remainder nor did receive or recovered the Rent or profits thereof by the space of one whole yeare next before the promise aforesaid thereupon made And the same W. B. sayes that the aforesaid R. D. the aforesaid time of the promise of the Moyetie of the Tenements aforesaid with the Appurtenances in form aforesaid made known that the aforesaid W. L. or any of his Antecessors or those by whom the same W. claimes the same Moyetie was not nor ever were in possession nor seised of the same Moyetie with the Appurtenances in Reversion or Remainder nor did receive or received the Rents or profits thereof by the space of one whole yeare next before the promise thereupon made And further the same W. sayes that the true and entire value of the Moyetie of the Tenements aforesaid with the Appurtenances in manner and forme of the aforesaid promise in the aforesaid time of the same promise did amount to the summe of 200. Marks By which the Action did accrue to him the said W. who as well c. to require and have of the aforesaid R. for the aforesaid Lady the Queen and for himselfe the aforesayd 200 Marks the value of the Tenements aforesaid with the Appurtenances against the forme of the Act aforesaid so promised yet the said R. although often required the aforesaid 200 Marks to him the said W. who as well c. he hath not as yet rendered but the same him to render hitherto hath denied and as yet denyeth Whereupon the same W. who as well c. sayes that he is worsted and hath damage to the value of twenty pounds and thereupon he brings his Suit c. And the aforesaid R. by D.C. his Attorney comes and defends the force and injury when c. and by Protestation in that the aforesaid W. was in possession of the aforesaid Moetyie of the Tenements aforesaid with the Appurtenances and receaved the Rents and profits thereof by the space of the aforesaid one whole yeare next before the aforesaid one and twentieth day of July in the sixth yeare aforesaid By protestation also that the true and entire value of the aforesaid Moyetie of the Tenements aforesaid with the Appurtenances the aforesaid one and twentieth day of July did not amount to the aforesaid summe of two hundred Marks For Plea the same R. saith that he took not of the aforesaid W. L. the promise to have the Moyetie of the Tenements aforesaid with the Appurtenances against the forme of the Statute aforesaid as the aforesaid W. B. by his Declaration aforesaid above against him supposeth And of this he puts himselfe upon the Countrey and the aforesaid W. B. in like manner c. Declaration upon the Statute of scandall mayntenance of 2 Richard the 2. Damage recovered by the Bishop of Winester against T. Iones upon this Action See Trin. 2 H. 8. rol 30. The like Easter 7 Hen. 8. Rol. 43. SVff T. Lucas late of London Gent. was attached to answer Edward Dâ—â—e of Buckingham of a Plea Wherefore whereas in the Parliament of our Lord King Richard the second late King of England after the Conquest held at Gloucester in the second yeare of his Raign published â—mongst other things it is ordained and strictly prohibited none should be so bold as to affront speak against or defame the Prelates Dukes Earles or Barons of his Realme of England nor of the Chancellor Treasurer or Clerk of the private seale Steward of his house-hold Justices of our Bench nor of other great Officers of the Kingdome aforesaid by any false newes lies or any the like false scandals whereby any scandall or discords within the aforesaid Kingdome may arise And that whosoever should do this should have and incurre the punishment otherwise thereupon ordayned by the Statute of Westminster the first as in the same Statute more fully is contained yet the aforesaid T. L. little weighing the aforesaid Statute divers false and horrible lyes of the aforesaid Duke then being one of the Peares of this Kingdome at Rasbie scandalously spoke and reported and in English words publickly published the words subscribed in English following that is to say That the said Thomas said that he set not by the Duke two pence and that the sayd Duke hath no more conscience then a Dog and so the said Duke may have goods he force not how he come thereby Whereby great scandall and discord to him the said Duke then there within the said Kingdome might arise in contempt of our said Lord the King that now is and to the dammage of him the said Duke one thousand pounds and against the forme of the Statute aforesaid c And whereupon the same Duke by I.C. his Attorney sayes c. that the aforesaid T. Lucas the Statute aforesayd little weighing such a day and yeare diverse false and horrible lyes of the aforesaid Duke then one of the Peares of this Kingdome being at R in the County of Suffolk aforesaid scandalously spoke and reported and in English words publickly published the words subscribed in English following that is to say that c. Whereby great scandall and discord to him the said Duke then there within the said Realme might arise in the contempt of our Lord the King that now is and to the damage of him the said Duke one thousand pounds c. And against the forme of the Statute aforesaid and thereupon he brings his Suit c. HErtf ss Richard Warnecomb lately of c. under-Sherife of T.C. Esquier Sherife of the County aforesaid Declaration upon the Statute of 23. Hen. 6. against Extorrion in any Sherifs c. Mich. 2â— Hen. 8. Rollo 358. was summoned to answer I. E. who prosecutes as well for our Lord the King as for himself of a Plea that he render him forty pound which he owes him and unjustly detaines c. And whereupon the same I.
and Arrest which severally by occasion of the Appeal aforesaid they have sustained and the infamy which by the Imprisonment Damages for the Defendants and by other means they have severally incurred as also for their expences and costs in that behalf layed out to a hundred pound and upon this the aforesaid Iohn Govor Avowment that the Plaintiff had not wherewith to satisfy the Damages c. say that the aforesaid Thomas Berd hath not whereof the aforesaid Damages may be rendred unto them and pray that the Justices here may enquire at which or whose abetting the Appeal aforesaid by malice was formed and upon this it was sought of the Jurors aforesaid if the aforesaid Thomas Berd have whereof to the aforesaid Iohn Glovor and others he may be able to render the Damages aforesaid or no who say that the aforesaid Thomas hath sufficient The Jury find he hath Assets whereof to the said Iohn Govor and others c. he may be able to render the Damages aforesaid and further say upon their oaths that there are no Abettors to the forming of the Appeal aforesaid by malice for that that the principals aforesaid of the premises are quit The Jury find no Abettors because the Principals are quit It is considered that Process on that behalf against the Accessaries aforesaid shall altogether cease c. ACTIONS OF ASSIZE ASSIZE ss THe Assize comes to be Revised whether R. N. and N. H. and A. his wife have unjustly Mid. Assize upon Disseisin made of Tenements as of the Freehold Easter 9. Hen. 7. Roll 37. disseied I. Y. of F. I. G. the Elder and W. B. of his Freehold in H. after the first c. And whereupon the same I. I. and W. by W.F. their Attorney complain that they have disseized them of one Messuage and one acre and a half of Lands with the appurtenances c. And the aforesaid R. N. and A. being called came not And of them the Sheriff Retorns that they have nothing c. The Defendants come not and the Sheriff retorns a Nihil c. The assize is taken by Default c. and the review found for the plaintif And that they are not found c. And that they have neither Bayl nor Bayl 's Therefor the Assize aforesaid is taken against them by default c. And the Reviewers of the assiize aforesaid being called came who to speak to the truth of the premises being chosen tried and sworn say upon their Oath that the aforesaid I. I. and W. were seized of the Tenements aforesaid with the appurtenances in their view put in the Plaint aforesaid specified in their Demesn as of Free hold untill the aforesaid R. N. and A. them thereof unjustly and without judgement and by force and arms they did disseize and they assess the Damages of them the said I. I. and W. by occasion of the Disseizin aforesaid above their Expences and costs by them about the prosecution of this Assize layd out to six shillings and eight pence And for those Expences and costs to thirteen shillings and four pence And of the same Reviwers by the Court it is Demanded if the same Disseisin were made after the Eighth year of the Lord Henry the sixth late King of England or no who say it is so Therefore it is considered that the aforesaid I. I. and W. shall recover their seisin of the Messuage and Land aforesaid with the appurtenances in the Plaint aforesaid specified by the view of the Reviewers of the same Assize and their Damages aforesaid to the trouble according to the form of the Statute in that case provided and by the Reviewers aforesaid in form aforesaid assessed which said Damages in the trouble amount unto three shillings And the aforesaid R. N. and A. are to be taken c. A Writ of Scire fecias seisinam upon the assize before THe King to the Sheriff of Middlesex Greeting Whereas I. Y. of F. I. G. the Elder and VV. B. lately in our Court before c. at VVestminster by the review of a certain Assize of novell dissesin and the judgement of the same Court have recovered their seisin of one Messuage and one acre and a half of Land with the appurtenances in H. against R. N. N.H. and A. his wife And therefore Wee Command you that you cause to be had to the aforesaid I. I. and VV. full seisin of the Tenements aforesaid with the appurtenances without delay Witness c. An Originall in assize of noble disseisin before the King ss THe King to the Sheriff of Middlesex Greeting I. Knill and H. Lord Chard have complained unto us that G. H VV. K. and R. A. have unjustly and without judgement disseized them of their Freehold in H. after the first c. And therefore we Command you that if the aforesaid I. R. and H. shall make you secure of prosecuting their claim Then you cause that Tenement to be reseized of the Cattell which in it were taken and that Tenement with the Cattell to be in peace untill Friday next after three weeks of Saint Michael And in the mean time to cause twelve free and lawfull men of that VVisonage to view that Tenement and the names of them in the VVrit And that you Summon them by good Summons that they be then before us at Westminster ready thereupon to make their review And that you put by sure and safe Pledges the afore G. W. and R. or their Bailiffs if they be not found that they be then there to hear that Revisement And that you have then there the Summoners the names of the Pledges and this VVrit VVitness our self at Westminster the twentieth day of October in the nineteenth year of our Reign The Retorn thereof Pledges of prosecuting John Doe and Richard Row G. H. C. H. and R. A within named are attached Horse of the price of 11. shillings The residue of the Execution of this Writ appeared in a certain Panell to this Writ annexed the answer of L. K. and R.W. Sheriffs The names of the Reviewers c. I. R. Esquire c. and so the twenty fourth singularly Impanelled and then thus the Summoners of the Reviwers aforesaid and of every of them I.T. and R. S. the Manucaptors of the summons of the Reviewers aforesaid and of every of them A. D. R. R. N. D. and H. H. THe King to the Sheriff of Middlesex Greeting Habeas Corpus Jur ' upon the same We command you that you have before c. on Thursday next after the Morrow of St. Martin the bodies of I. R. Esquire and so the names of the 24 in the panell named the Reviewers of a certain Assize of novell disseisin which I. R. and H. L. have brought before us against G. H. W. H. and R. A. of Tenements in H. to make revisement of the same Assize and that in the mean time you cause the Reviewers aforesaid to see the
Tenements aforesaid and their names in the Writ and that you have then there the names of those Reviewers and this Writ Witness c. The return of the same Writ remains in a certain panell to this Writ annexed the answer of L. H. and R. W. Sheriffs The Return of the Writ of Habeas Corpus Jur ' The names of the Reviewers c. and then the names of the Reviewers in the Panell c. and then thus each of the Reviewers aforesaid severally by himself is attached by I. D. and R. R. Note for a Rule Generall that the Inrolment of the Writ of Habeas Corpus ought alwaies to be in the Roll of Pleas and not elsewhere and ought to be enrolled as in the Plea following ss THe Assize came to be Revised whether G. Houghton Middlesex A Declaration in Assize of novell disseisin upon the originall Writ aforesaid March 19. Hen. 7. Roll. 69. One of the Defendants sayes that the Father of his Wife was seised of the Tenements in view put in Fee and dyed and the Defendant entred in right of his Wife and had issue and the Wife dyed and as Tenant by the Law of England hold himself in c. W. H. and R. A. unjustly c. have disseised I. R. and H. L. of their Freehold in H. after the first c. And whereupon the same I. and H. by G. C. their Attorney complain that they have disseised them of one Messuage and 18. Acres of Land with the appurtenances c. and the aforesaid G. H. by T. L. his Attorney comes and answers as Tenant of the Tenants aforesaid and sayes that the Assize thereupon between him and the aforesaid I. H. ought not to be had Because he saith that one W. B. was seised of the Tenements aforesaid with the appurtenances put in view of the revisement of the Assize aforesaid and in the Plaint aforesaid specified in his Demesn as of Fee and he being thereof seized dyed of such his estate thereof seized after whose death the Tenements aforesaid did discover to one I. the Wife of the aforesaid G. as to the Daughter and Heir of the aforesaid W. B. by which the same G. and I. in right of her the said I. as Daughter and Heir of the aforesaid W. into the Tenements aforesaid with the appurtenances did enter and were thereof seized in their Demesn as of Fee in right of her the said I. And they being so thereof seized the aforesaid G. and I. had issue between them one W. H. and afterwards the aforesaid I. L. in the Parish of St. B. in the Ward of A. London dyed and the aforesaid G. over-lived her and held himself in the aforesaid Tenements with the appurtenances and was thereof seized in his Demesn as of Freehold as holding thereof by the Law of the Land of this Kingdom of England And that the aforesaid I. R and H. clayming the Tenements aforesaid with the appurtenances by colour of a certain deed of Demise to them thereupon made for term of their life by the aforesaid W. B. in his life time Whereas nothing of the Tenements aforesaid with the appurtenances into the possession of them the said I. and H. by that Deed ever passed into the Tenements aforesaid entred upon whose said I. and H. their possession thereupon one D. D. in the same Tenements with the appurtenances entred upon whose said D. D. his possession thereupon the aforesaid G. in the same Tenements with the appurtenances did reenter as it was lawfull for him to doe and this c. Whereupon he demands judgement whether the aforesaid I. and H. the Assize aforesaid thereupon against him ought to maintain c. The other Defendants say they made no disseâ—sin And the aforesaid W. H. and R. A. in their proper persons say that they have done no injury nor dissesin to the aforesaid I. R. and H. of the Tenements aforesaid And of this they put themselves upon the Assize And the aforesaid I. R. and H. in like manner Therefore the Assize is to be taken thereupon between them c. The Plantiff says that one was seised of the Tenements and Enfeoffed the Plaintiffs to hold for ever and traverses the dying feised of the Father of the Defendants Wife The Traverse And the aforesaid I. R. and H. say that they by any thing by the aforesaid G. prealleged ought not to be debarred from having the Assize aforesaid against him because they say that one R. A. was seized of the Tenements aforesaid in view c. and in the Plaint c. specified in his Demesn as of Fee And being so thereof seized did Enfee of them the said I. R. and H. To have and to hold to them and their Heirs for ever By vertue of which said Feoffment they the said I. and H. were thereof seized in their Demesn as of Fee untill they the said I. W. and R. A. in the Writ named them the said I.R. and H. of those Tenements aforesaid with the appurtenances unjustly c. they disseised Without that that the aforesaid W. B. dyed seized in his Demesn as of Fee of the aforesaid Tenements put in view of the revisement of the Assize aforesaid in the Plaint above specified as the aforesaid G. hath above by pleading alleged And this c. Whereupon he prayes judgment and that the Assize aforesaid may be proceeded in to the taking thereof between them c. Issue taken upon the traverse And the aforesaid G. as formerly saith that the aforesaid W. B. dyed seised in his Demesn as of Fee of the aforesaid Tenements with the appurtenances as he above by pleading hath alleged and of this he puts himself upon the Assize The Assize remains to be taken for want of Reviewers and the aforesaid I. R. and H. in like manner c. Therefore the Assize is to be taken between them c. And the Reviews of the Assize aforesaid being called some of them came and the Assize aforesaid remains to be taken before the Lord the King at Westminster untill Thursday next after the morrow of St. Martyn for want of Reviews c. Therefore the Sheriff is to have them there the bodies of the Reviewers c. And in the mean time c. So that c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at VVestminster came as well the aforesaid I.R. and H. as the aforesaid G. by their Attorneys aforesaid and the aforesaid VV. H. and R. A. in their proper persons in like manner came and the Reviewers of the Assize aforesaid being called in like manner came who to speak to the truth of the premises being chosen Verdict in Assize for the Plaintiff tryed and sworn say upon their oaths that the aforesaid R. B. dyed not seised of the Tenements aforesaid with the appurtenances as the aforesaid I. R. and H. above by pleading
have alleged and that the aforesaid I. R. and H. were of the Tenements aforesaid with the appurtenances seised in their Demesn as of Fee untill the aforesaid G. W. and R. them the said I. and H. thereof unjustly and without judgement but not by force nor Arms they did disseize and they Assess the damages of them the said I. and H. by occasion of the premises aforesaid above their expences and costs by them about the prosecution of this Assize layd out to thirteen shillings and four pence Judgement upon the verdict and for those expences and costs to twenty shillings Therefore it is considered that the aforesaid I. R. and H. shall recover the seisin of the Tenements aforesaid in the Plaint aforesaid specified by the view of the Reviewers of the Assize aforesaid and their damages and costs aforesaid above assessed which said damages in the whole amount unto thirty three shillings and four pence and the aforesaid G.VV. and R. in mony c. Mony c. SIr Iohn Knill and Hugh Lochard have arraigned an Assize of novell disseisin against G. H. and others The charge given to the Jury upon the foregoing assize and supposeth them to be disseised of their Free-hold in H. and have made their claim for a Messuage and eighteen Acres of Land with the appurtenances thereunto hath come the same G. by his Attorney and saith that the Assize thereof between him and the said I. R. and H. L. ought not to be for that he saith as in his Plea and the aforesaid W. and others Defendants say that they have done no wrong nor no disseisin unto the said Plaintiff of the aforesaid Tenements and of that they have put them upon the Assize and the Plaintiff also and then rehearse further the title of the Plaintiff in his reputation and the issue that is joyned thereupon and then thus so your charge is whether that W. B. dyed seised in his Demesn as of Fee of the Messuage and eighteen acres of Land put in view and specified in the Plaint as the said G. H. hath alleged in his Bar or not and also whether the said W. H. and other Defendants disseised the Plaintiffs of the Tenements aforesaid or not if you find that the same W. B. dyed not seised as the Plaintiff hath alleged you shall enquire whether the Plaintiffs were seised of the Tenements put in view and specified in the Plaint in their Demesn as of Freehold and disseised by all the Defendants or any of them and whether the disseisin was done with force or not and if you find the said A.B. dyed not seised and that the Plaintffs were seised of the Tenements and disseised by the Defendants or some or any of them you shall enquire what damage the Plaintiff hath sustained by reason of the disseisin and also for the costs about the sute of this Assize and if you find that W. B. dyed seised in his Demesn as of Fee and that the Defendant disseised not the Plaintiff you shall enquire no further and this is your charge c. ACTIONS OF AUDITA QUERELA AUDITA QUERELA ss THE Lady the Queen hath sent to her Justices of the Pleas assigned to be held before her Audita Querela upon an Escape by a Bailiff of a Libertie her Writ in these words ss Ellzabeth c. To our Justices of Pleas in our Court before us assigned to be held Greeting Wee have received by the grievous complaint of Thomas Boyton of c. in the County of Suffolk Clerk otherwise called c. That whereas one William Andrews Citizen c. and Lewis Simpson Citizen c. London lately in our Court before us at Westminster by Bill without our Writ and by the judgement of the same Court had recovered against him the said Thomas aswell a certain debt of 100. pounds as 10. pounds for their Damages which they susteined aswell by occasion of the detention of that debt as for their Expences and costs c. layd out whereof he is Convict And although after the rendring of that Judgement to wit the second day of July in the the 31. year of our Reign at Saint Edmonds Burie in the County of Suffolk that is to say within the Libertie and Franchise then of Roger Townsend Knight and Willam Drue Esquire of St. Edmonds Bury in the aforesaid County of Suffolk the same Thomas by John Pridie and Henry Doy by vertue of a certain Warrant lately before to the aforesaid John Pridie and Henry by the aforesaid Roger Townsend and William Drue made and directed by vertue of a certain Warrant to them the said Roger and William Dixie by one Philip Tilvey Esquire then Sheriff of the aforesaid County of Suffolk under the Seal of his Office made of and upon a certain VVrit of Capias ad fatisfaciendum o' the aforesaid William Andrews and Lewis Sympson of the Debt and Damages aforesaid lately before at the prosecution of them the said W. A. and L. from our said Court before us issued and to the Sheriff of the aforesaid County of Suffolk lately before directed and delivered VVhich said Roger Townsend and William Dixie then that is to say the aforesaid second day of July in the aforesaid 31. year of our Reign and before and after had full Retorn of all and all manner of Writs and Warrants within the Libertie aforesaid to be Executed and the Execution of them In Execution of and for the Debt and Damages aforesaid was then taken and arrested And in Execution deteined untill afterwards to wit the third day of November in the 31 year aforesaid the aforesaid K. T. and W D. the same T. B. at Lamby hath in this County of Surrey the Debt and Damages aforesaid to the aforesaid William Andrews and Lewis Sympson being in no wise satisfied permitted him to goe whether he would at large As the same Thomas by divers wayes and means which are convenient is ready to make appear yet the same W. and L. by reason of the judgement aforesaid for the Debt and Damages aforesaid against him the said Thomas in our said Court before us now lately prosecuteth And him upon that occasion to take and in our Prison under the Custodie of our Marshall of our Marshalsees before us to be deteined most unjustly have procured to his the said T. B. no little loss and grievance and against the Law of our Realm of England Whereupon he hath humbly implored us to provide for him in that behalf a fit remedie And because we would not that the aforesaid T. B. should in that behalf be in any manner injured and being willing to doe what is just VVee Command you that having heard the Complaint of the aforesaid T. B. in this behalf and calling before you the parties aforesaid and hearing hereto thereupon their severall reasons to him the said T. B. you should cause to be had full and speedy Justice as of right and according to the Law
was seized by the hands of the said I. as by the hands of his True Tenant And because aswell the said Rent unto the said T. was not paid as the said other Services were undone by two years next before the day of the said taking the said T. doth well avow the taking of the said Cattell in the said place in which c. as in parcell of the said Tenements of him the said T. in form aforesaid held Acknowledgeth the Avowment by the Plaintif Judgement that the Defendant shall have the retorn of the Cattell irreplegiable Defendant without day Plaintif in mercy Defendant avoweth the taking of the Cattell doing damage and the Plaintif prayeth that the Defendant may secure the deliverance unto him for that the same Defendant claymed no property in them And the Defendant find Pledges c. and within his Fee c. And the said I. saith that he cannot deny but that he holdeth of the said T. as of the said Mannor the said Tenements with th' appurtenances by the Services aforesaid Neither but that aswell the said Rent as those Services unto the said T. by the time aforesaid remained behind in the form which the said T. P. by his said Avowment hath supposed Therefore it is considered that the said T. shall got thereupon without day and that the said I shall take nothing by his said Writ but that he be in mercy for his false Clamour And that the said T. shall have the retorn of the said Cattell irreplegiable for ever ss AND the said M. by R.T. his Attorney commeth and defendeth the force and Injury when c. And doth well avow the taking of the said Cows in the said place in which c. and justly c. because he saith that he is seized and at the time of the said taking was seized in one Messuage and twelve acres of Meadow with th' appurtenances in the said Town of G. whereof the place in which c. the said Cows were taken is parcell in his Demesn as of Fee And for that he at the time of the said taking found the said Cows doing Damage in the said place in which c. the said M. those Cows in his ground and freehold so doing dammage took as to him it was lawfull And this he is ready to prove whereupon he prayeth judgement and the return of the said Cattel c. And upon this the said R. saith that the said M. as yet remaineth possessed of the said Cowes whereupon from which the aid M. hath claimed no property in the same Cowes desireth that the same M. may secure the delivery of the said Cowes unto the said R. and he findeth pledges of that delivery to be made that is to say R.T. of c. and W.S. of c. Therefore the said R. may have the delivery thereof c. And the said R. saith that he by any matter before alleged from his said action had ought not to be precluded Plaintif sayth that he was seized of one Messuage c. and that the same Plaintif and all those whose estate had used to have common c. in a certain Moor c. in which c. And so justifies using the common c. because he saith that he the day before the time in which it is supposed the said Cowes were taken and at the same time was seized of one Messuage and twelve acres of Meadow with th' appurtenances in G. and that the said R. and all his Ancestors and all those whose estate the said R. now hath had common of pasture in a certain Moor of the said M. called H. by the whole year and in six acres of Meadow with th' appurtenances in G. whereof the said place in which it is supposed the said Cowes were taken that is to say in the said Moor by all the year in the said Meadow after the grasse was cut and the Hay thereof coming made and carried away with all his Cattle depasturing and so faith that he for using his said common in the said place called H. put the said Cowes in the said Moor As it was lawfull for him to doe And this c. whereupon c. And the said M. saith that the said Moor and Meadow Defendant saith that the said Moor is his freehold without this that the Plaintif and all his ancestors c. used to have common c. Without this of him the said M. are the ground and freehold of the same M. and at the time of the said taking were without this that the said R. and all his Ancestors and all those whose estate the said R. now hath in the same twelve acres of Meadow had common of pasture in the said Moor and Meadow as the said R.G. before hath alleged And this c. whereupon c. as before prayeth judgment c. And the said R. saith that he and all his Ancestors whose estate the said R. now hath in the said Messuage and twelve acres of Meadow had common of pasture in the said Moor and Meadow as the said R. before hath alleged and this he prayeth that it may be enquired of c. ss AND the said R.A. by R.C. his Attorney cometh and defendeth the force and injury when Defendant allegeth that the Plaintif held of him by Homage fealty and three shillings rent and sute of Court and to render a Herriot at death or alienation of every tenant and that the Plaintif did not doe sute of court and so avoweth the taking c. c. and doth well avow the taking of the said Cattel in the said place in which c. and justly c. because he saith that the said T. Harrington at the time of the said taking supposed to be done and long before he was seized of one Mesuage and one Virge of Land with th' appurtenances in B. aforesaid whereof the said place in which c. is and at the said time of the said taking supposed to be done was parcell in his Demesn as of Fee and so seized the same held of the aforesaid R. A. as of his Mannor of B. in C. aforesaid by Homage fealty and three shillings Rent unto the said R.A. at the feasts of St. Michael the Archangell and the Annunciation of the blessed Virgin Mary by equall portions yearly to be paid by the Service to doe sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held And also by the service to render aswell after the death of every Tenant of the said Messuage and of one Virge of land Seised of services with th' appurtenances dying seised As after every alienation thereof made or to be made the best living thing which was of him the said Tenant by the name of Herriot Of which services the said R.A. was seized by the hands of the said T. H. as by the hands of his true Tenant that is to say of
the said Homage fealty and sute of Court as of fee and right and of the said Rent and residue of the said Services in his Demesn as of Fee And because the sute of him the said T. H. at the Court of the said R. A. held at his said Mannor on fryday next after the Epiphany of our Lord in the fourteenth year of the reign of the now King unto the said R. A. remaining undone the said R. A. doth well avow the taking of the said Cattel in the said place in which c. as in parcell of the said tenement of him the said R. A. in form aforesaid held and upon the said T. H. as upon his true Tenant thereof c. And within his fee 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. Defendant protesting that he did not hold the premisses by the services in the avowment of the Plantif specifyed and that the Defendant was not of the same seized c. for Plea saith that he holdeth by fealty 3. shillings tent onely without this that he holdeth as above And the said T. H. saith that the said R. A. by any thing before alleged the taking of the said Cattel ought not to avow just because protesting that the said T. doth not the said Messuage and Virge of land with th' appurtenances of the foresaid R. A. by the said services in the avowment of him the said R. before specified c. And protesting also that the said R. A. was not seized of the said services by the hands of him the said T. in manner and form as the said R. A. before hath alleged for Plea saith that the said T. doth hold the said Messuage and Virge of land of the aforesaid R. A. as of his Mannor of B. by fealty and the Rent of three shillings onely for all services and ancient demands without this that the said R. A. was seized of the said services to doe sute at the Court of him the said R. A. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said services in manner and form as the said R. A. in his said avowment before hath alleged and this he is ready to prove whereupon he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. And the said R. A. saith Issue upon the Tenure that the said R. was seized of the said Services to do Sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said Services in manner and form as the said R. before hath alleged And of this he putteth himself upon the Country and the said T. likewise c. ss AND the said I.T. and H. by R. M. his Attorney cometh and defendeth the force and injury when The form of a Plea where the Defendant took more Beasts and Chattels than the Plaintif by his Declaration supposeth himself to have taken the Defendants say as to one Horse they did not take as to the residue say that he the said J.D. one of the Defendants in right of his Wife was seized of the Mannor of D. of which Mannor the Plaintif holdeth ten acres of land wherof c. of the Defendant by Fealty and four shillings Rent and to do Sute of Court and a Fine was leavyed of the same Mannor between W.F. Plaintif and the said I. E. and his Wife and that afterwards the said W. F. granted the said Mannor unto the said I.E. and his Wife and to the Heirs of their bodies c. in Fee-tayl and that after the Plaintif attorned unto them the said I. P. and his Wife and because the said Rent was behind the Defendants took the Beasts c. c. and as to the taking of one Horse of the said Horses they the said J. and H. say that they did not take that Horse in manner and form as the said Prioress before against them complaineth And of this they put themselves upon the Country And the said Prioress likewise c. And the said I. and H. further say that they at the time in which the taking of the said Cattell is supposed to be done they took four Horses of the said five Horses in the said Declaration specified and also one Cart with six Stacks of Barley in the same Cart being with the whole Tacklyn to the sayd Cart belonging that is to say Cartharness for the said four Horses in the same Cart to be drawn of the said Oxen and Cattell of the said Piroress in the said place in which c. which said four Horses and the said Cart with the said six Stacks of Barley in the same Cart being and the said Cattell that is to say the tackling of the said Cart called Horse Harness for the said four Horses drawing that Cart of I.N. Knight Sheriff of the said County at the Complaint of the said Prioress unto the said Prioress caused to be replevyed and of the said four Horses and Chattells the said I. in his own right and of Anne his Wife doth well avow And the said Hen. as Bailiff of the same I. doth well acknowledge the taking of the said Cattell in the said place in which c. and justly c. because he saith that the said place in which c. doth contein in it self ten acres of land with th' appurtenances in C. aforesaid whereof the said Prioress at the said time in which c. long before c. was seised in her Demesn as of Fee in the right of her said Monastery and so thereof being seized held the same of the said I. and A. his Wife in the right of her the said A. as of her Mannor of D. in the said C. of K. by Fealty and the Rent of 4. shillings every year at the Feast of St. Michael th'Arch-Angell to be paid and by Service to do Sute at the Court of them the said I. and A. of their said Mannor from three weeks to three weeks there to be held of which Services the said I. and A. in the right of her the said A. were seized by the hands of the said Prioress as by the hands of their then true Tenant that is to say of Fealty and Sute of the said Court as of Fee and in right and of the said Rent in their Demesn as of Fee And them the said I. and A. in the right of her the said A. so of the said Mannor Rent and Services being seized long before the said time A Fine levied where the wise is Cognisee seized of the lands acknowledged in which c. that is to say in Eight dayes of St. Michael in the 21. year of Henry late King of England and France the seventh from the Conquest in the Court of him the said late King
at Westminster before T. Frâ—wick and his fellows then Justices of him the Lord the King and other faithfull people of the said late King then there present a certain Fine was levyed of the said Mannor with th' appurtenances amongst other Tenements and Rents by the name of the Mannor of D. with th' appurtenances and of one Messuage CCC acres of land twelve acres of Meadow twenty acres of Pasture and five pounds Rent and the rent of 20. Cocks 100. Capons 160. Sheep with th' appurtenances in D. in the County of K. between William Frost then Plaintif and the said I. and A. by the names of I. Batiller and A. his Wife then agreeing whereupon the Plea of Concord was summoned between them in the same Court that is to say that the said I. and A. doe recognize the said Mannor with th' appurtenances to be the right of him the said W. as that that the said W. then had of the Gift of the said I. and A. And the same Remized and quit claymer of them the said I. and A. and the Heirs of her the said A. unto the said W. and his Heirs for ever And afterwards they the said I. and A. granted for themselves State in the tayl made by Fine and the Heirs of her the said A. that they should Warrant unto the said W. and his Heirs the said Mannor with th' appurtenances against all men for ever And for that Recognizance Remise quit claymed Warrant Fine and Concord the said VV. granted unto the said I. and A. the said Mannor with th' appurtenances and that unto them rendred in the same Court to have and to hold unto the said I. and A. and the Heirs of the body of them the said I. and A. begotten of the chief Lords of that Fee by the Services which to the said Mannor appertaineth for ever And if it should happen that they the said I. and A. should dye without Heir of their bodyes begotten then after the Deceases of them the said I. and A. the said Mannor with th' appurtenances should wholly remain to the Heirs of her the said A. of her body begotten to be held of the chief Lords of that Fee by the Services which to the said Mannor doe appertein for ever And if no Heir of the body of her the said A. should be begotten then the said Mannor with th' appurtenances should wholly remain to the right Heirs of the said I. B. to be held of the chief Lords of that Fee by the Services which to the said Mannor apperteineth for ever as in the said Fine is more fully conteyned And afterwards the said Prioress of the said ten acres of land being seized at C. in the County aforesaid Attornment of the Tenant unto the Lord. to the said I. and A. retorned her self by pretence of which Fine they the said I. and A. afterwards and before the said time in which c. into the Mannor with th' appurtenances entred and thereof at the said time in which c. were and as yet doe remain seized in their Demesn as of Fee-tayl And because the Rent aforesaid for eight years after the levying of the said Fine and before the said taking supposed to be done that is to say for eight years next before the Feast of St. Michael th'Arch-Angell in the fifth year of the Reign of the now King at the said time in which c. ended was in arrear unto the said I. and A. and as yet remaineth unpaid the said I. in his own right and in the right of the said A. doth well avow and the said H. as Bayliff of him the said I. doth well acknowledge the taking of the said Beasts and Chattels in the said place in which c. and justly c. that is to say for 14. shillings Rent aforesaid and of and for the six first years of the said eight years being behind and unpaid and upon the said Prioress as upon the true Tenant of them the said I. and A. in form aforesaid in the said place in which c. and within their Fee c. And this they are ready to prove whereupon they pray Judgement and the retorn of the said Beasts and Chattels to be adjudged unto them c. And the said Prioress saith The Plaintif saith that the Defendant never was seized of the Rent and Services in barre specified c. after the first going over of the Lord H. King Son of the King in Valton that she by any matter by the said J. and H. before alleged the said J. the taking of the said Beasts and Chattells in the said place in which c. to avow just nor the said H. the same taking in the same place in which c. to acknowledge just they ought not because portesting that there hath not been nor from the time of the said taking had there been any such Mannor called D. within the said County of K. protesting also that she hath not Attorned unto the said I. and A. as the said I. and H. have alleged protesting also that the said place in which c. is and at the said time in which c. was without the Fee of the Lordship of them the said I. and A. for Plea saith that the said I. and A. never were seized of the Rents and Services aforesaid or of any parcell thereof in manner and form which the said I. and H. before alleged after the first going over of the Lord King Henry into Vaston as by the said Avowment and Acknowledgement before supposed And this they are ready to prove whereupon from which the said I. and H. the taking of the Beasts and Chattells above acknowledging prayeth Judgement and her Damages by occasion of the taking and unjust detension of the said Beasts and Chattells to be adjudged unto her c. And they the said I. and H. say that they the said I. and A. were seized of the said Rent and Services by the hands of their true Tenant thereof in what manner and form they the said I. and H. before have alleged Issue of Scizin of Rent And of this they put themselves upon the Country And the said Prioress likewise c. Therefore c. Defendant prayeth Judgment of the Plaint retorned by the Sheriff upon a Recordare and saith that it is insufficient for that the Sirname of the Defendant was not put in the Plaint therefore that he may have the retorn of the Cattell c. ss AND the said I. C. in his person commeth and defendeth the force and Injurie when c. and prayeth hearing of the Plaint of the taking and deteyning of the said Cattell before the Sheriff of the said County made and here in Court at this day that is to say on the morrow of All Souls by virtue of a Writ of the said Lord the King of Recordare retorned and it is read to him in these words ss I. B. complaineth of the
Lord John Chaplain of the Chauntery of the holy Virgin Petronill of Harvow of a Plea of taking and unjust deteyning of Cattell Pledges to prosecute and of those Cattell to be retorned if the retorn thereof should be adjudged unto I. T. and I. H. And upon this the said I. C. prayeth Iudgement of the said Plaint for that that the Chaplain of a Chauntry is not a name of Dignity and the said I. C. in that Plaint is not nominated by any Sirname whereupon he prayeth Judgement and that that Plaint may be made void and the retorn of the said Cattell adjudged unto him c. And because it appeareth unto the Justices here Retorn to be had Adjudged for insufficient Plaint before the Sheriff Plaintif in mercy Defendant without day that the said Plaint is not sufficient in Law to the said I. G. before the said Justices here to the same Plaint to be put to answer for that that the Chaplain of a Chauntery is not a name of Dignity And the said I.C. in that Plaint is not named by any Sirname It is Considered that the said I. shall take nothing by the said Plaint and be in Mercy for his false Clamour c. And the said I. C. shall goe thereupon without day and shall have retorn of the said Cattell c. Defendant avoweth the taking of the Cattell for Rent behind and for Homage and Fealty not done ANd the said I. B. in his own person cometh and defendeth the force and injury when c. and doth well avow the taking of the said Cattell in the place in which c. and justly c. because he saith that one M. N. late the Wife of I. C. late was seized of one Messuage one plow-Plow-land twelve acres of Meadow and twelve acres of Pasture with th' appurtenances in C. in her Demesn as of Fee whereof the place in which it is supposed the said Cattell were taken is parcell and held the same of the said I. B. and of one I. P. and I. M. his wife as of his Mannor of C. by Homage and Fealty and at Escuage of the Lord the King fourty shillings when it should happen And at more more and at less less c. And by Service to doe Sute to the Court of them the said I. B. I. P. and I. M. of their said Mannor from three weeks to three weeks c. and by the Rent of 14. shillings one peny and half peny in every year at the Feasts of Easter and of St. Michael to Arch-Angel by equall Portions to be paid and also by the Rent of two shillings 6. pence yearly at the end of every fourteen weeks to be paid for the keeping of the Castle of Dover Defendant saith that he was seized of all the Services besides Homage and Fealty notwithstanding avoweth for all the Services they the said I. B. I. P. I. M. and M. the same Tenements with th' appurtenances of the said Castle by the same Rent of 2. s. 6. pence in like manner to be paid doe further hold of which said Services except Homage and Fealty the said I. B. and the said I. P. I. M. and M. were seized by the hands of the said M. as by the hands of their true Tenant And aswell for the said Rent of fourteen shillings and a peny half peny at the Feasts of Easter and of St. Michael th'Arch-Angel by ten years next before the day of the said taking remaining behind unpaid as for the 25. shillings of the said Rent of 2. shillings six pence unto them the said I. B. J. P. J. M. and M. by ten years next before the day of the said taking after the end of every fourteen weeks yearly in form aforesaid to be paid being likewise behind unpaid and also for Homage and Fealty of the said M. undone the said J. C. as in his own right and of the said J.P. J.M. and M. doth well avow the taking of the said Cattell upon the said Margery and upon their true Tenant in the said place in which c. as in parcell of the said Tenements of them in form aforesaid held and within their Fee c. And the said P. saith Plaintif saith that the place in which c. is out of the fee. that the said J.B. the taking of the said Cattel in the said place in which c. ought not to avow just because he saith that the said place in which c. is and at the said time of the said taking done was without the Fee and Lordship of the said J.B. J. P.J.M and M. and this he is ready to prove whereupon from which c. he prayeth Judgement c. And the said J. D. saith that the said place in which c. is and at the said time of the taking done was within the Fee and Lordship of him the said J. B. and of the said J.P. J.M. and M. in manner and form as the said I. B. by his said Avowment before hath supposed and not without his Fee And of this he putteth himself upon the Country and the said P. likewise c. Therefore commeth c. ss AND the said T.W. by T. S. his Attorney commeth and defendeth the force and Wrong when Defendant as to all the Beasts and Chattels besides c. he did not take and as to the residue saith that the property was in a Stranger and desireth Judgment of the Writ c. And as to all the said Cattell besides one Horse of the said Horses and all the said Chattels besides one Patel aforesaid at the said Town of P. taken saith that he did not take the said Beasts and Chattels Except before excepted in the form which the said R. before against him Complaineth And of this putteth himself upon the Country And the said R. likewise c. And as to the said Horse and Patell residue of the said Horses and Chattells the said T.VV. saith that at the time of the said taking the property of that Horse residue was unto one A. P. And the property of that Patel residue then was unto one P. T. and not to the said R. as he by his said Writ and Declaration supposeth And this he is ready to prove whereupon he prayeth Judgement of the Writ c. And for to have the Retorn c. And the said R. saith that his said Writ for the reason before alleged ought not to be made void because as to the said Horse and Patell residing Plaintif saith that the property was in himself saith that at the time of the said taking the property of the same Horse and Patell was unto the said R. in the form which he by his said Writ and Declaration hath supposed And this he prayeth that it may be enquired of c. Defendant saith as to the taking of the goods that the property was in the Stranger and justifie as his servants AND they the said R. S. I. N.Y
pence of the said Tenements unto the said T. W. his heirs and Assignes for ever at the feasts of th' Annuntiation of the blessed Mary c. and of St. Michael th'Arch-Angel to be paid by equall Portions and the said I. M. by his said writing willed and granted that if the said annuall Rent should happen to be behind in part or in all unpaid beyond any Term of the payment thereof before limitted that then it should be lawful unto the said T. W. his heirs and Assignes in all the said Tenement land Meadow feedings pasture and Woods and every parcell of them to enter and distrain and the distresses so taken thereupon to lead drive carry away and retain the same untill of all the said annuall Rent which then should be behind together with the damages and Expences had and incurred by occasion of the Not-payment of the said Rent unto the said T. W. his heirs or Assignes should be fully paid and satisfied by vertue of which said Grant of the said I. M. twenty six shillings and eight pence unto the said T.W. in his life that is to say Payment of a Rent charge alleged by which the Defendant was thereof seized at the feast of St. Michael th'Arch-Angel in the year of the said Lord Henry late King of England the seventh eighteenth at H. aforesaid did pay by which the said T.W. was of that Rent seized in his Demesn as of Fee and so thereof being seized the said T. long before the taking aforesaid supposed to be done that is to say the twelvth day of August in the third year of the Reign of the said now King at Feversham in the County aforesaid dyed thereof seized after whose death the said Rent with th' appurtenances descended unto the said T. as Son and heir of the said T. and because Eightteen pound thirteen shillings and four pence of the said Rent for seven years ended at the feast of St. Michael the Arch-Angel next after the death of the said T. W. and next after the said taking supposed to be done unto the said T. were behind and as yet remaineth unpaid the said V. for five pound six shillings and eight pence of that Rent unto the said T. for the two first years of the said seven years next before the death of the said T. due as bailiff of the said T. doth well acknowledg the taking of the said Cattel in the said place in which c. as parcell of the said Tenements unto the distress of the said T. in form aforesaid charged And justly c. And this he is ready to prove c. whereupon he prayeth judgement and the return of the said Cattel to be adjudged unto him c. And the said S. M. saith Plaintif saith that the Grantor did not grant the annuall rent in barr specified Protestation that the said V. by any matter in his said acknowledgment before alleged the taking of the said Cattel in the said place in which c. ought not to acknowledg just because protesting that the said I. M. hath nothing in the said Tenements at the time of the Grant of the said Rent supposed to be done for Plea saith that the said I. M. by his said Writing gave and granted unto the said T. W. the said annuall Rent of the said fifty three shillings and four pence going forth of the said Tenements in manner and form as the said V. in her said acknowledgement before hath alleged And this he is ready to prove c. Whereupon from which the said V. the taking of the said Cattel before acknowledging prayeth judgement and his dammages by reason of the taking and detension of the said Cattel to be adjudged unto him c. And the said V. saith that the said I. M. by his said writting gave and granted unto the said T. V. the said annuall Rent of fifty three shillings and four pence going forth of the said Tenements in manner and form as the said V. before hath alleged and this she prayeth that it may be inquired of c. Cambridge Defendant justifies the taking of the hurdles for that that he was seized of the Mannor of C. and had accustomed to have folding within the Precinct of the same and that if any other any fold there should levy then it should be lawfull unto the Lord of the same Mannor the same fold to cast down flat and those hurdels to distrain and to keep untill c. And saith that the Plaintif hath levyed a fold within the precinct of the said Mannor c. Mich 33. H. 8. roll 100. ss AND the said T. Braken by I.W. his Attorney cometh and defendeth the force and injury when c. All taking and whatsoever c. And doth well avow the taking of the said thirty six Folding Hurdels in the said two Ridges of Land and justly c. Because he saith that one T.D. Master or Keeper of the Kings Hall or College within the University of Cambridge vulgarly called the Kings Hall and the Fellowes of the same Hall or College were seized of the said two Ridges of Land in their Demesn as of Fee in the right of their said College and that the said T. likewise seized in his Demesn of and in the Mannor of Chesterton in the said County and the said T.B. and all those whose estate he hath of and in that Mannor with th' appurtenances they had and were accustomed to have free folding in and through the Precinct of the Town of Chesterton aforesaid and further the said T. B. saith that if any one any other folding within the precinct of the said Town of Chesterton without leave of the Lord of the Mannor of C. aforesaid for the time being did levy that then the Lord of the Mannor of C. aforesaid who for the time should be that folding by all the said time at his will hath accustomed to cast down flat and also those Hurdels of such folding so erected by the whole time aforesaid to distrain and at his will under safe custody likewise accustomed to put as long as and untill such those Hurdels in due manner out of his possession should be sued forth and because the said T. G. before the said time in which c. a certain fold in and upon the said two Ridges of Land in C. aforesaid by the command of the said Master and Fellowes of the said Hall or College without the leave of him the said T. H. with the said thirty six folding Hurdles did set up and levyed the said T. B. those thirty six folding Hurdles took and the same under safe Custody put as to him it was lawfull which is the same taking and detaining of the said thirty six folding Hurdles whereof the said T.G. before himself now Complaineth Enquire And this he is ready to prove whereupon he prayeth judgment and the return of those thirty six folding Hurdles and also dammage according to the form of the
Statute in such case made and provided to be adjudged unto him c. Plaintif saith that the Master and Fellowes of the Kings Hall in Cambridge of the Mannor of Rectory of Chesterton And the said T.G. saith that the said T.B. by any matter before alleged the taking of the said thirty six folding Hurdles in the said place in which c. ought not to avow just because he saith that the Master or keeper of the said Hall or College and the Felowes c. at the said time in which c. were seized of the Mannor of the Rectory of Chesterton aforesaid whereof the said two Ridges of Land are and at the said time in which c. were parcell and the said Master or Keeper of the said Hall or College and the Fellowes Whereof c. They the said Master and Fellowes accustomed to have for themselves and their farmors free folding in the whole precinct of the Town of C. without this that the Defendant c. Without this c. and all those whose estate they had in the Mannor of the said Rectory had and were accustomed to have for themselves their Tenants and Farmers free folding in and through the whole Precinct of the Town of C. aforesaid by reason of his said Mannor without any Contradiction or leave of any to hinder By which the said T. G. as Farmer of the said Master and Fellowes of the said College or Hall set up the said fold as unto him it was lawfull Without this that the said T. B. and all those whose estate he hath of and in the Mannor of C. had and were accustomed to have any free fold in and through all the precinct of the Town of C. aforesaid as the said T. B. by his said avowment before hath acknowledged prayeth judgment and his dammages by reason of the taking of those thirty six folding Hurdles to be adjudged unto him And the said T. B. as formerly saith that they and all those whose estate he hath in the said Mannor of C. aforesaid had and were accustomed to have free folding in and through the whole Precinct of the Town of C. aforesaid as he by his said avowment before hath alledged And of this he putteth himself upon the Countrey c. ss PEter Marton was attached to answer N.C. of a Plea wherefore he took the goods and Chattels of him the said N. and the same unjustly detained against the Sureties and pledges c. And the said P. by W.W. his Attorney cometh and defendeth the force and wrong when Defendant as Major of a Burrough Town justifies the taking of the skins for Toll denied Burrough Town c. And doth well avow the taking of the said Oxe skins in the said place in which c. and justly c. Because he saith that the said Town of Helliston is and from the time of which the Memory c. was an ancient Town corporate of Major Bailiffs and Burgesses of the Town of H. within which said Town they the said Major Bailiffs and Burgesses and all their Predecessors Majors Bailiffs and Burgesses of that Town for the time being from the time of which contrary the Memory of men doth not c. had and from all the said time used to have a certain market in every Saturday in the year in which said Market they the said Majors Bailiffs and Burgesses they took and accustomed to take a certain Toll of all and all manner Oxen and Cowes skins of whatsoever person or persons of the same Toll not lawfully discharged or otherwise with the same Majors Bailiffs and Burgesses concerning the same Toll agreed and accorded within the Precinct of the said Town that is to say of every Buyer of Beef Skins in the said Market so sold unto any person or persons foreiners One half-pennie and if any refuse to pay that Toll then the said Major Bailiffs and Burgesses and all their Predecessors Majors Bailiffs and Burgesses of the said Town for the time being from the time of which contrary c. used and accustomed by themselves their officers or Servants within that Town or within the Precinct of the same Town to take and keep such Oxen and Cowes skins so in the said Market being sold untill the said Toll thereof be paid and the said P. saith that the said N. before the said time in which c. at H. aforesaid within the Precinct of the said Town that is to say in the Market place there he bought the said two Oxe skins in the Market day of the same Town upon which the said P. the then Major of the said Town at the said Town in which c. at H. aforesaid demanded of the aforesaid N. one penny unto the said P. the then Major of the said Town and to the Bailiffs and Burgesses of the same Town due for Toll for the said two Oxes skins at the same time in the said place in which c. being which said pennie and every parcell thereof the said N. unto the said P. to the use of the said P. at that time Major of the said Town Bailiffs and Burgesses then and there refused to pay by which the said P. then Major of the said Town the said two Beef skins of the said goods and Chattels of the said N. then and there being for the same penny in form aforesaid denied at H. aforesaid in the said place in which c. in the same time doth well avow the taking of the said two skins for the said Toll in form aforesaid denied and refused And this he is ready to prove whereupon he prayeth judgment and return of those two skins to be adjudged unto him c. Plaintif saith that he is Burgesse of the Burrough of Bodmin and that by reason thereof he is discharged of all Tolls within the Town of H. in barr specified And the said N. C. saith that the said P. by any matter before alleged the said taking of the said two skins in the said place in which c. ought not to avow just because he saith that he the said N. at the time of the taking of the said skins and long before that was a free Burgesse of the Burrough of the Lord the King at Bodmyn in the said County And that the said Burrough of Bodmyn is and from the time of which contrary the Memory of men doth not remain was an ancient Burrough of a Major Bailiffes and Burgesses of that Burrough within which said Burrough all the Burgesses of that Burrough and their Predecessors Burgesses of the same Burrough from the time of which contrary c. were and from all the time aforesaid were used to be discharged freely and quietly from all Tallages and Tolls aswell within the said Town of Helliston as in and through all C. aforesaid and that they may freely buy and fell all and singular Marchandize things and Wares aswell within the said Town of H. or otherwhere without Toll
B. the Brother the said Moity of the said Tenements which was of his the said G. B. according to the said Custom of Gavelkind descended unto the said I. B. and unto one R. B. as Kin and Heirs of the whole bloud of the said G. B. c. namely as Sons of H. B. Brother of T. B. Father of the said T. Father of the said T. B. the Son and G. B. by which they the said I. B. and R. B. before the said time in which c. into the said Moity of the said Tenements entred and thereof were seized in their Demesn as of Fee and so thereof being seized before the said time in which c. thereof Infeoffed the said I. M. To have to him and his Heirs for ever by vertue of which said Feoffement the said I. M before the said time in which c. demised the said Moity unto the said I. B. for the said Term of two years yet in being as the same I. B. before hath alleged by vertue of which said demise the said I. B. of that Moity was possessed untill the said I.C. at the said time in which c. chased the said Horse out of the 20. Acres of Land as the said I. B. before complaineth Without this that it hath or from the time of which memory is not it had any such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whatsoever Parent begotten should be inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the said County and either of those Heirs should dye without Heir of his body seized of his purpart of such like Inheritance that then the other Heir Coparcener of the same Heir surviving might inherit and by all the said time was inheritable and hath inherited and ought to inherit according to that Custom that purpart of all the Lands and Tenements of the said tenure and nature of Gavelkind aforesaid of the other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so dying without Heir of his body as the said H.C. before in pleading hath alleged And this c. whereupon from which the said H. C. the said Trespass being acknowledged prayeth judgement and his damages by reason of the said Trespass before acknowledged prayeth judgement and his damages by occasion of that Trespass to be adjudged unto him c. Issue upon Custom And the said H. C. as before saith that it hath and from the time which memory doth not remain it had such Custom in the said County of Kent that whensoever two Heirs Males Coparceners of the half bloud of whomsoever begotten were inheritable of any Lands or Tenements of the said tenure and nature of Gavelkind in the same County and either of those Heirs should dye without Heir of his body seized of his put part of such like inheritance that then the other Heir Coparcener of the same Heir superviving might inherit and by all the time aforesaid was inheritable and hath inherited and ought to inherit according to that Custom the purpartie of all the Lands and Tenements of the said tenure and nature of Gavelkind of the said other Heir so without Heir of his body dying before any other Kin of the same Heir of the whole bloud so without Heir of his body dying as the said H. before in pleading hath alleged Enter the Court will advise before the Ven ' fac ' adjudged and a speciall rendting of his Judgement thereupon in which they were before to confer with the Justices of the Bench and a Writ of Ven ' fac ' of the body of the County of Kent should be awarded And of this he putteth himself upon the Country and the said I. B. likewise And because the Court of the Lady the Queen hereof c. issues aforesaid between the said parties before joyned will advise before any Writ of Venir fac ' to the Jury to try the issue should be adjudged day is given to the said parties before the Lady the Queen in what State now untill in 8. days of St. Hillary whensoever c. then to attend and hear the Order or Judgement of the said Court of and upon the premises for that that the Court of the Lady the Queen thereof c. At which day before the Lady the Queen at Westminster commeth the said parties by their said Attorneys And c. And so it was continued by 10. Terms then next following c. And in this thing the inspection and view diligently aswell the said issues as in all and singular the premises by the Court of the Lady the Queen of the Bench is to be had and consulted with for that the Tryall of the said Issue doth touch and concern the Comunalty of the said County and it is the Custom that a Writ to call a Jury to try that Issue of the body of the said County of Kent should Issue forth and should be directed to the Sheriff of the same County by which the command is to the Sheriff of the same County that he should cause to come before the Lord the King in 8. dayes of St. Hillary wheresoever Ven ' fac ' of the body of the County of Kent awarded c. 24. aswell Knights c. of the body of the said County by whom c. And who neither c. to recognize c. because aswell c. the same day is given to the said parties there c. AND the said W. saith Plaintif saith that he held the said twenty acres of Land of the said Prior by Fealty Sure of Court and the rent of four shillings and for that rent behind the said Priaccustomed to distrain Without this that the Prior was seized of the Rent-charge as c. that the said R. B. the taking of the said Cattell and Chattells in the said place in which c. ought not to acknowledge just c. because he saith that he himself was seized of the said Ten acres of Land with th' appurtenances in his Demesn as of Fee and so thereof seized the same twenty acres of Land with th'appurtenance held of the aforesaid T. late Prior of the said Church by Fealty and Sute to the Court of him the said late Prior of his Mannor of I. in C. aforesaid to be held from three weeks to three weeks and by the Rent of four shillings unto the said late Prior at the Feast of St. Michael th'Arch-Angell yearly to be paid And the said W. M. and all those whose estate he hath in those twenty acres of Land held those twenty acres of Land with th' appurtenances of the said late Prior and his Predecessors heretofore Priors of the said Church by that Service and Rent in the right of the said Church from time out of mind held and by all the said time the said late Prior and all
the same Tenements with th' appurtenances unto the said Defendant to have unto the said Defendant from the same Feast of Saint Michael to the end of the Term of four years from thence next following and fully to be Compleated By vertue of which said Demise the said John was of the said Tenements possessed And the said Plaintif claimed the said Tenements with th' appurtenances by Colour of a certain Deed of Demise unto him thereof made for Term of his life by the said Thomasine Colour before the said Demise unto the said Defendant in form aforesaid made where nothing of those Tenements with th' appurtenances in the possession of them the Plaintifs by that Deed ever passed into the said Tenements before the said time in which c. they entred upon which said possession of the Plaintifs thereupon the said Defendant into the said Tenements in which c. at the same time in which c. claiming his said Term re-entred and the said Close in the same Tenements in N. did break and the grass upon the same Tenements then growing with the said Cattell did eat up and tread down as to him it was lawfull And this c. Whereupon c. And they the said Plaintifs say Plaintif allegeth a certain Conveyance unto him by the said T. Chelyn made for and in consideration of a certain Marriage that they by any matter before alleged from his said Action against him the said Defendant had ought not to be precluded because they say because that long before the said Trespass done the said T. Chelyn was seized of the said thirty acres of Land in N. aforesaid and of the hundred and thirty acres of wood with th' appurtenances in D. and N. aforesaid called the Mannor of Sholand in his Demesn as of Fee and so thereof seized long before the said Trespass done that is to say the sixt day of July in the Third year of the Reign of the said now King at Lynsted in the said County between the said T. C. and one William Morgan the then Son and Heir apparent of the said Thomasine and A. Hett it was agreed and covenanted that the said W. Morgan should take to VVife and marry the said A. and the said A. should take to Husband the said W. Morgan and the same Thomasine for Matrimony between them to be solemnized then and there covenanted and granted unto the said W. M. and Alice that they from the day of Matrimony between them to be solemnized should have and hold unto them and their Assigns for Term of their and either of their life as long as they live the said Tenements in D. and N. aforesaid and that the same Thomasine and all and singular other persons which then were or then afterward should be seized of and in those Tenements should stand and be thereof seized immediatly after the Matrimony between the said W. M. and Alice solemnized to the use of them the said W. M. and Alice to the Term of their or either of their life so long as they live and after the death of them the said W. and A. to the use of the said T. C. and her heirs and that the same Thomasine should make or procure to be made all and singular the said Tenements to be secured unto the said W. M. and Alice according to the form of the said Concord and Agreement when she should be thereunto requested And the said Plaintifs say that after the said Concord and Agreement in form aforesaid made that is to say the twenty sixth day of the said Moneth of July in the third year aforesaid the said Alice at Hern in the said County of Kent took to Husband the said W.M. and he took to wife the said Alice that the Matrimony solemnized and celebrated between them was according to the form and effect of the said Concord and agreement by and after which said Matrimony solemnized and consummated the said Thomasine was of the said Tenements with th' appurtenances in her Demesn as of Fee seized to the use of the said W.M. and Alice for the Term of their and either of their life so long as they live and she so therof being seized the said VV. M. and A. according to the form of the said Concord and Agreement the issues and profits of the said Tenements by the Sufferance of the said Thomasine from the said 26. day of July in the third year abovesaid until the 15. day of July the said W. M. at Feversham in the said County of Kent dyed and the said Alice him survived by which the said Thomasine was of the said Tenements with th' appurtenances seized in her Demesn as of Fee to the use of the said Alice for the term of her life and she the said Thomasine so thereof to that use being seized the said Alice after the death of the said VV. M. and long before the said Trespass done into the said Tenements entred and those Tenements with th' appurtenances afterwards that is to say in the day of the Nativity of St. John the Baptist in the twelfth year aforesaid an Hern aforesaid the said Plaintifs demised To have to them and their Assigns from the same day untill the end and Term of three years from thence next following and fully to be compleat by vertue of which Demise the said Plaintifs were of the said Tenements with th' appurtenances possessed untill the said Defendant at the time of the said Trespass done the said Close did break and the said grass in that Close then growing with the said Cattell did eat up tread down and consume in manner and form as they the said Plaintifs by their said Bill before against him doe Complain All and singular which matters they the said Plaintifs are ready to prove whereupon from what the said Defendant the said Trespass in N. aforesaid before hath acknowledged pray Judgement and their said Damages by occasion of the said Trespass to be adjudged unto them c. And the said Defendant protesting that it was not consented Protestation agreedâ— and covenanted between the said Thomsine and the said W.M. and Alice that the said VV. M. should take to VVise the said A. H. protesting also that the said Thomasine for the Matrimony between the said W. M. and A. to be solemnized did not Covenant nor grant to and with the said W. M. and Alice that they from the day of Marriage to be solemnized between them they should have and hold to them and their Assigns for the Term of their and either of their life so long as they live the said Tenements nor that the same Thomasine and all and singular other persons which were or then afterwards should be seized of and in those Tenements should stand and be thereof seized after the Matrimony between them the said W. M. and A. solemnized to the use of them the said W.M. and A. for the Term of their and either of their life
before himself now complaineth was done are and at the said time of that Trespass done were aswell the said place called the Dens in G. aforesaid as the said other place called the East Heath with the descending of the Cliff in G. aforesaid whereupon from which they the said R. and W. to the said Trespass in the said place called the East Heath with the descending of the Cliff before of new Assigned to be done doe not answer prayeth Judgement and his Damages by occasion of that Trespass to be adjudgâ—d unto him c. And as to the said Plea of the said R. B. before pleaded the same E. saith that he by any matter in the said Plea before alleged from his said Action against the said R. had ought not to be precluded because he saith that he himself at the time of the said Trespass done was seised in his Demesn as of Fee of and in the Mannor of G. in C. aforesaid whereof the said place called the Dens to the said time in which c. was parcell untill the said R. together c. the day and year aforesaid in the said Declaration before specified the Close of him the said E. aforesaid at G. aforesaid in the said place called the Dens within the said bounds and limits did break and his Grass to the value c. there late growing with his said Cattle by the time aforesaid was eaten up trodden down and consumed in what manner and form the same E. before against him complaineth Without this Without this that the said W. C. and all those whose Estate he hath in the said three Messuages and 16. Acres of Land in the Bar of the said R. before specified from the time of the contrary of which the memory of Man doth not remain had and accustomed to have common of pasture of and in the said place called the Dens in G. aforesaid within the bounds and limits aforesaid with all and all manner of his Cattle and living Creatures whatsoever in all time of the year as the said R. before in the said Bar hath alleged And this he is ready c. whereupon from what the said R. the said Trespass in the said place called the Dens done in G. aforesaid afore hath acknowledged prayeth Judgement and his Damages by occasion of that Trespass to be adjudged unto him c. And as to the said Plea of the said W. C. before pleaded the said E. saith that he by any matter in the same Plea before alleged The Plaintiff to the Plea of the other Defendant pleadeth as to the Plea of the first from his said Action against the said W. had ought not to be precluded because he saith that he himself at the said time of the said Trespass done was seised in his Demesn as of Fee of and in the said Mannor of G. whereof the said place called the D. is and at the said time in which c. was parcell untill the said W. C. together with c. the day and year aforesaid in the said Declaration before specified the Close of him the said E. aforesaid Without this at G. aforesaid c. as before Without this that the said W. C. and all those whose Estate he hath in the said two Messuages and two Acres of Land with the appurtenances from the time c. as before And this he is ready to prove whereupon from what c. as before One of the Defendants to the trespass of the new Assignment pleadeth not guilty to the other Plea maintaineth as before and Issue upon that And the said R. B. as to any Trespass in the said place called the East Heath with the descending of the Cliffin G. aforesaid of new Assignment made supposed to be done saith that he in nothing is thereof guilty And of this he puts himself c. And the said E. likewise c. And as to the said Plea of the said E. before in replying pleaded the said R. as before saith that he and all those whose estate he hath in the said 3. Messuages and 16. Acres of Land with the appurtenances from the time of which c. had and accustomed to have Common of Pasture of and in the said place called the Dens in G. aforesaid within the said bounds and limits with all and all manner of his Cattle and living Creatures whatsoever in all time of the year as the said R. before in his said Bar hath alleged And of this he putteth himself upon the Country And the said E. likewise c. And the said W.C. as to any Trespass in the said place called the East Heath with the descending of the Cliff in G. aforesaid of new Assignment supposed to be done saith that he in nothing is thereof guilty And of this putteth himself upon the Country and the said E. likewise c. And as to the said Plea of the said W. C. afore to the replying pleaded as before saith that he and all those whose Estate he hath in the said two Messuages and two Acres of Pasture with the appurtenances from the time of which c. had and accustomed to have Common of Pasture of and in the said place called the Dens in G. aforesaid within the bounds and limits aforesaid with all and all manner of his Cattle and living Creatures whatsoever in all time of the year as the said W. before in his said Bar hath alleged And of this putteth himself upon the Country and the said E. likewise therefore as well as to the trying of that Issue as the said c. Middles Declaration in trespass for taking and leading away of a horse Hill 22. H. 8. Roll 26. ss I. W. complaineth of R. W. in the custody of the Marshall c. of that that he in the Feast of St. Margaret the Virgin in the 21. year of the Reign of King Henry the 8. with force and Arms that is to say with Staves c. one Gelding of Colour black Gray of him the said I. of the price of 5. marks at W. in the County aforesaid found took and lead away And other Wrongs Defendant pleads that before the time of the trespas c. he was possessed of the horse c as of his proper horse and that certain Malefactors took the said horse out of his possession and it came to the hands of the Plaintif out of whose possession the Defendant took the horse as his own horse and so justifies c. to the Damage c. 10. marks And thereupon he bringeth his Suit c. And the said R. by W.T. his Attorney cometh and defendeth the force and wrong when c. And as to the comming with force c. or whatsoever thing c. Not guilty And as to the residue of the Trespass no Action c. because he saith that before the said time of the said Trespass supposed to be done the same R. was of the said Horse as of his
own Horse possessed And afterwards and before the said time in which c. that is to say the 24. day of July in the 20. year of the Reign of the said now King the said Horse by certain Malefactors unto the said R. unknown out of the possession of him the sayd R. feloniously was taken and led away and afterward the said Horse came to the possession of him the said I. And because the said R. at the same time in which c. found the same Horse in the possession of him the said I. the same R. the said Horse of him the said R's own out of the possession of him the said I. did take and lead away as to him it was lawfull And this c. Whereupon c. The Plaintif saith that one I. R. being of the said Horse possessed at B. in the Fair there sold that Horse that he paid unto the Bailiff of the Fair toll c. Protestation And the said I. saith that he by any matter before alleged c. ought not to be precluded c. because protesting that the said Horse was never the Horse of the said R. as the said R. in his said barre before hath alleged for a Plea notwithstanding the said I. saith that before the said time of the said Trespass done the said I. R. was possessed of the said Horse and so possessed in the Feast day of the Body of Christ in the 21. year of the Reign of the said now King abovesaid at Canbury in the County of Oxon ' in a certain Fair or Market there then held did bargain and sell unto the said I. W. the said Horse for the sum of 31. shillings six pence of lawfull c. which the said I. W. then and there unto the said I. R. paid And further the said I. W. saith that he then and there paid unto one R. C. the then Bailiff of the said Fair one penny by the name of Toll for the said Horse by which the said W. was of the same Horse possessed untill the said R. W. the day and year in the Declaration of him the said I. W. before specified at W. aforesaid in the County aforesaid the same Horse with force and arms aforesaid did take and lead away in manner and form as the said I. W. in his said Declaration before against the said R. W. doth Complain And this c. Whereupon from what the said R. the said Trespass before hath acknowledged to have done he prayeth Judgement and his Damages by occasion of that Trespass to be adjudged unto him c. The Defendant saith that I. R. did not sell unto the Plaintif in the Fair nor the Plaintif paid the Tol. Without this And the said R. W. as before saith that before the said time of the said Trespass supposed to be done the same R. W. of the said Horse as of his own Horse was possessed untill the same Horse by the said Malefactors unto the said R. unknown out of the possession of him the said R. feloniously was taken and led away as the said R. in his Bar before hath alleged Without this that the said I. R. did bargain and sell unto the said I. W. the said Horse in the Market or Fair aforesaid Nor the same I. W. unto the aforesaid R. C. the then Bailiff of the said Fair one penny in the name of Toll for the said Horse did pay as the said I. in his Replication before hath alleged And this c. whereupon he prayeth Judgement and that the said I. W. from his said Action against him the said R. had may be precluded c. And the said I. W. saith that the said I. R. did bargain and sell unto the said I. W. the said Horse in the said Market and unto the said R. C. the then Bailiff of the said Fair one penny by the name of Toll for the said Horse did pay as the same I. in his Replication before hath alleged Ven ' fac ' to the Sheriff of Oxoâ— And this he prayeth that it may be enquired of the Countrey And the said R. likewise c. Therefore Command is to the Sheriff of Oxon. that he cause to come before the Lord the King at Westminster the day c. twelve c. of the Visn of B. in the said County of Oxon. by whom c. and who neither c. To Recognize c. Because aswell c. The same day is given to the said parties there c. ss AND the said I. M. by R. M. his Attorney commeth and defendeth the force and wrong when Staff Justific ' in Trespass for that that the Tenements in which c. were Customar ' c. and as to the Comming with force and arms c. Not guilty And as to the residue of the said Trespass before supposed to be done the same I. M. saith that the said I. S. No action because he saith that the said Tenements with th' appurtenances in the said Declaration before specified are and from the time whose contrary c. were Customary Tenements and Lands and parcell of the Mannor of Harnedesworth with th' appurtenances in the County aforesaid of which said Mannor with th' appurtenances whereof c. long before the said time in which the said Trespass is supposed to done one T. late Earl of Ormond was seized in his Demesn as of Fee and that the same Tenements with th' appurtenances are and from all the time aforesaid were Demised and demiseable by Copy of Court-Roll of the said Mannor by the Steward of the said Court of that Mannor for the time being unto any person or persons willing to take the same in Fee-simple Fee-tail to Term of life or years or otherwise at the Will of the Lord according to the Custom of the said Mannor and him the said Earl of the said Mannor with th' appurtenances whereof c. so as before is said being seized the same Earl afterwards and before the said time in which c. that is to say at the Court of him the said Earl of his said Mannor held at that Mannor the tenth day of October in the twentieth year of the Reign of the said now King of England the seventh after the Conquest by one W. H. the then Steward of him the said Earl of the said Mannor according to the Custom of the said Mannor Demised by Copy of Court-Roll the said Tenements with th' appurtenances amongst other things by the names of one Messuage By names and a certain parcell of Land unto the aforesaid Tenement with th' appurtenances belonging unto one R. M. To have and to hold unto him and his heirs for ever according to the Custom of the said Mannor by vertue of which said Demise the same R. was of those Tenements with th' appurtenances seized in his Demesn as of Fee according to the Custom of the said Mannor And he the said R. of those Tenements with th' appurtenances
I. and B. But because it is not known to the Justices here what Damages the aforesaid W. hath susteined aswell by occasion of the Trespass aforesaid as for his Costs and Charges by him about his Sute in that behalf layd out c. Command is given to the Sheriff that by the Oath c. And the Inquisition which c. the Sheriff is to make appear here in eight dayes of St. Hillary under the Seal c. and the Seals c. At which day here came the aforesaid W. by his Attorney aforesaid And the Sheriffs to wit Humphrey Weld and Roger Clark now here Retorned a certain Inquisition taken before them at Guild-hall in the Citie of London situate in the Parish of Saint Lawrence in the Old Jury in the VVard of Cheap London the twenty sixth day of Aprill last past by the oath of twelve honest men c. by which it remains found that the aforesaid W. hath susteined Damage by occasion of the Trespass aforesaid over and above his Costs and Charges by him about his Sute in that behalf layed out to Fourty pounds and for those Costs and Charges to twenty six shillings and 8. pence Therefore it is considered that the aforesaid W. should recover against the aforesaid I. and B. his Damages c. Declaration in Trespass with a Continuance ss R. A. Complains of I. H. in the Custody of the Marshall of the Marshalsees c. for that that he the said I. the first day of October in the ninth year of the Reign of our Lord King James that now is by force and arms c. the Close of him the said R. called E. Conteining by estimation three acres lying and being in B. in the County aforesaid he did break and enter And his grasse there to the value of five pounds there then growing with walking up and down with his feet he did tread down and consume And other of his grass to the value of forty shillings there then likewise growing to the value of forty shillings with his Cattell that is to say with Horses Oxen Cows Hogs and Sheep he did eat up tread down and consume The Trespass aforesaid as to the treading down and consuming the grass aforesaid walking with his feet from the aforesaid first day of October in the ninth year aforesaid unto the day of the obtaining of this Bill to wit the ninth day of October in the ninth year aforesaid by divers dayes and seasons continuing And other harms to him he then and there did against the Peace of our said Lord the King that now is and to the Damage of him the said R. of ten pounds And thereupon he brings his Sute c. ANd they the said T N and J by H F Justification in trespass for that the tenâ—ments in which c. were customary lands and were granted by copy of court roll unto K. Joane and John and to either of them as long as they live and after that R. and John dies and afterwards the said Ioane took to â—usband one T. now one of the Defendants c. his Atttorney cometh and defendeth the Force and Wrong when c. And as the coming with force and armes c not guilty c and at to the residue of the said Trespasse afore supposed to be done they the same T and N say that the said C no action because he saith that the said Close and also the places in which the said Trespasse is supposed to be done are and at the said time of that Trespasse supposed to be done were one Messuage and halfe a yard of Land with the appurtenances in R. aforesaid which said Messuage and halfe a yard of Land with the appurtenances are and at the said time in which c and also from the time of which contrary c were parcell of the Mannor of B in the said County of which said Mannor with the appurtenances one T W late Prior of the late Priory of the Blessed M. of B in the said County late dissolved before the said time in which c. was seized in Demesne as of fee in the right of his said Priory and that the said Tenements with the appurtenances whereof c are and at the said time in which c. and also from all the said time were demised and demisable by Copy of Court Roll of the said Mannor by the Lord of that Mannor or by his steward of the Court of the same Mannor for the time being unto whatsoever person or persons willing to take the same in fee simple fee tail for Tearm of life or years at the Will of the Lord according to the custome of the said mannor and the said Prior of the said mannor with the appurtenances so seized the said late Prior before the said time in which c That is to say at the court of him the said late Prior held at the said mannor on VVednesday in the vigills of Saint George the martyr in the 24. year of the Reign of the late Lord Henry King of England after the conquest the eighth by one T C Knight then his steward of the Court of his said mannor granted the said Tenements with the appurtenances whereof c. unto one R J and the aforesaid Johanne to have and to hold to them the said Richard Johanne and John to the tearm of their and either of their Life 's as long as they live successively by copy of court Roll of the said mannor at the will of the Lord according to the Custome of that mannor by colour of which said grant the said R I. and I. were seized in the said Tenements with the appurtenances in their demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor and they the said R. and J. afterwards and before the said time in which c died and the said Iohanne them survived and held her selfe in the said Tenements with the appurtenances in her demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor by the Right of increase Right of increase and she the said I. so thereof being seized the same I. before the said time in which c. took to husband him the said T. N by which they the said T. and I. were and as yet are seized of the said Tenements with the appurtenances in their demesne as of freehold in the Right of him the said I. at the will of the Lord according to the custome of the said Mannor And the said C. claiming the said Tenements by colour of the same Grant of copy of court Roll unto him thereof made for tearm of his life by the said late Prior long before the said Grant by the same late Prior thereof unto the said R. I. and I. in form aforesaid made Colour by copy of court Roll. where nothing of the said Tenements with the appurtenances in the
Trespasse done into the said Tenements with the Appurtenances in which c. entred And the said T. and J. of those Tenements with the Appurtenances in which c. wholly expelled and amoved by which the said C. was thereof possessed untill the said T. and J. at the said time in which c. with Force and Armes aforesaid the Close of him the said C. in the said place in which c. did breake and his said Grasse there then growing with the said Cattell did eat up tread and consume and the said Ground there with a Plow did rip up and also his said Wood there then growing they did cut down and carry away against the Peace c. in manner and form as the same C. before against them himselfe now complaineth And this c. whereupon from which the said T. and J. the said Trespasse before acknowledging the same C. prayeth Judgment and his said Damages by occasion of that Trespasse unto him to be adjudged c. AND they the said T. and J. say that they the said T. and J. by the said space of one yeare that is to say from the said two and twentieth day of Aprill in the fourth yeare of the said Reigne of the said now King above said untill the said foure and twentieth day of Aprill in the fifth yeare of the Reigne of the said now King aforesaid did inhabit within the said Mannor of B. and not without in manner and form as the said C. before in replying hath alledged and this c. Whereupon as before he praieth Judgment and that the said C. from his said Action thereupon against them had may be procluded c. AND the said C. as before saith that the said T. and J. by the space of one yeare and a day that is to say from the said two and twentieth day of Aprill in the fourth yeare of the Reigne of the said now King untill the foure and twentieth day of Aprill in the fifth yeare of the Reigne of the said now King did inhabit without the said Mannor of B. that is to say at C. aforesaid and within the Mannor of the said C. in manner and form as the same C. before in replying hath alledged And this he prayeth that it may be inquired of by the Country c. WILLIAM Attersale Kent Declaration upon the Statute of the eighth year of H. 6. of forcible entryes by Deeds complaineth of John Fuller and M. his wife and VV. Parker in the custody of the Marshall c. Of a Plea wherefore whereas in a Statute in Parliament of the Lord Henry late King of England the sixth after the Conquest at VVestminster in the eight yeare of his Reigne held established amongst other things it should be continued that if any person of any Lands or Tenements with main strength be expulsed and disseised or peaceably is put out and afterward is held out with force or any Feoflment or discontinuance thereof after such entry for the Right of the Possessor to defraud and take away in any manner is made the party in this behalfe grieved may have against such disseisor an Assise of new disseisin or a writ of Trespasse and if the party grieved by Assise or by Action of Trespasse shall recover and by Verdict or in other manner by due form of Law it shall be found that the party Defendant in the Lands and Tenements was by force of entry or after his entry should hold by force the Plaintiff shall recover his treble Damages against the Defendant And further shall make Fine and Redemption as in the same Statute more fully is contained Notwithstanding they the said J. M. and W. P. the said Statute little weighing and the Penalty in the same little fearing the first day of October in the sixth yeare of the now King Edward the sixth into two parts of one Messuage and twelve Acres of Land with the Appurtenances of him the said VV. A. in J. in the County aforesaid with main force that is to say with Swords Staves Clubs Bowes and Arrowes they entred and the said VV. A. with main force expulsed and disseised and him so expulsed and disseised of the same two parts of the said Tenements with the Appurtenances with the said main force withheld and as yet doth withhold from the same to the contempt of the said now King and to the Damage of him the said W. A. 20 l. and against the form of the said Statute and against the Peace of the Lord the now King And thereupon he bringeth his Suit c. Defendant iustifies by vertue of a certain demise unto them at will by one made his own Right the rest as his Servants peaceably and quietly entry into the Tenements c. AND they the said J. F. M. and W. P. by I.C. their Attorney come and defend the force and wrong when c. all Contempts and whatsoever c. And say that long before the said Entry into the said Tenements with the Appurtenances before supposed to be done one I. G. was seized of the said Tenements with the Appurtenances in his Demesne as of Fee and him the said I. G. so being thereof seized the same I. G. afterward and before the said time in which c. that is to say the eighth and twentieth day of October in the yeare of the Lord 1541. at I. aforesaid made his last Will and by the same Will that I. then his Wife should have the said Tenements with the Appurtenances to the Tearm of the life of her the said J. so that after the Discease of her the said J. have those Tenements with the Appurtenances should remain unto one J. K. and his Heires for ever And afterwards and before the said time in which c. the said J. at I. aforesaid died after the death of which said J. G. by vertue of the said last Will the same J. into the Tenements with the Appurtenances entred and was thereof seized in his Demesne as of Free-hold and she the said J. so thereof being seized the same J. long before the said time in which c. that is to say the twentieth day of September in the sixth yeare of the Reigne of the now Lord King Edward the sixth at J. aforesaid demized the said Tenements with the Appurtenances unto the said J. F. one of the aforesaid Defendants to have and to hold those Tenements with the Appurtenances unto the said J. F. his Executors and Assignes from the Feast of Saint Michaell the Arch-angell Lease at will from thence next following and fully to be compleat and so from yeare to yeare as long as both parties should please By vertue of which said Demise the same J. F. into the said Tenements with the Appurtenances entred Colour by demise and was thereof possessed and the said W. A. claiming the said Tenements with the Appurtenances by colour of which Deed of Demise unto him thereof made by the said
J. G. in his life for tearm of his life where nothing of the said Tenements with the Appurtenances into the Possession of him the said W. A. by that Deed ever passed into the said Tenements with the Appurtenances entred Upon the Possession of which said W. A. thereupon the said J. F. in his proper Right claiming his said Tearme and the said M. and W. P. as Servants of him the said J. F. and by his command at the said time in which c. into the said Tenements with the Appurtenances peaceably and quietly now have entred Verification of a Lease for anothers life as unto them it was lawfull without this that they the said J. F. M. and W.P. will prove that the said J. have in her full life remaineth that is to say at T. in the County aforesaid without this that they the said I. F.M. and W. P Traverse to the Delaration upon the Statute of forcible entry that it was not with force against the form of the Statute c. Plaintiff faith that certaine strangers were seized c. and so seived by fine acknowledged before the Justices of the said Lord the Kings Bench acknowledged the Tenements to be of his the plaintifs by pretence of which the Plaintiff entred and was thereof seized c. untill c. Fine acknowledged of the moiety of a messuage c. Conveyance of a Title by fine at the said time in which c. into the said tenements with the appurtenances with Force and armes aforesaid entred against the form of the said statute in manner and form as the said W. A. before against them complaineth and this c whereupon they pray Judgement if an Action c ANd the said W. A. saith that he by any matter by the said I. F. M. and W.P. c. not to he precluded c. because he saith that long before the said time of the said entry made one I.H. and I. his wife and T. C. and B. his wife were of the moiety of the said Tenements with the appurtenances seized in their Demesne as of Fee and them the said I.H. and I.T.B. and B. of that moiety of the said tenements with the appurtenances so being seized they the said I. H. and the rest afterwards that is to say from the day of Easter in fifteen dayes in the sixth yeare of the Raign of the now King Edward the sixth before E. Mountaine C.I. H. and E.M. Justices of the said Lord the King personally came and acknowledged the moiety of the said Lands with the appurtenances by the name of the moiety of one messuage of one Garden and fourteen acres of Land with the appurtenances in I. aforesaid to be the right of him the said W. A. as those which the said W. A. had of the gift of the said I.H. and I T B. and B. and they remised and quite claimed from them the said J. J. T. and B. and the heirs of them the said I. and B. unto the said W. A. and his heirs for ever by pretence whereof the said W. A. of the moiety of the said Tenements with the appurtenances entred and was thereof seized in his demesne as of Fee untill the said I. E. into the said tenements with the appurtenances entred and him the said W. A. of the moiety of the same Tenements with the appurtenances unjustly and without judgement unjustly disseised by which the same I. was of the moiety of those Tenement aforesaid with the appurtenances seized by disseisin and shee the said I by that disseisin so thereof being seized the same I. before the said time of the said entry made that is to say the said twentieth day of September in the sixth year of the Raign of the said now King Edward the sixth at J. aforesaid demised the said Tenements with the appurtenances unto the said I. F. now one of the Defendants to have and to hold unto the same I F. his Executors and assignes from the said Feast of Saint Michaell the Arch-Angell from thence next following untill the end and tearm of one year from thence forth next following and so from year to year as long as the said both Parties should please by virtue of which said Demise the said I. F. into the said Tenements with the appurtenances entred and was thereof Possessed in manner and form as the said I. F.M. and W P above in Pleading have alleadged upon the Possession of which said I. F. thereupon the said W. A. before the said time of the said Entry made into the Moiety of the said Tenements with the appurtenances entred and was thereof seized in his Demesne as of Fee untill by the said I. F.M. and W.P. of the said moiety of the said Tenements Avermenn that 2 parties and one moiety of those said lands are one and not diverse with Force and Armes and with the said main strength in form aforesaid was disseized in manner and form as the same W. A by his said declaration before against them have declared and this he is ready to prove together with this that the said moiety of the said Tenements in the said Fine contained and the said two Parts in the said Declaration specified in which the said Entry is supposed are one and the same and not others nor divers whereupon from which the said I. M. and W.P. the said Entry and disseisin before done acknowledging the same W.A. as well for the King as for himself prayeth judgement and his damages by occasion of that Entry and disseisin to be adjudged unto him c. ANd they the said I. F.M. and W.P. as formerly say that long before the said time of the said Trespasse before supposed to be done the said J. G. in the said Barr before named was seized of the said Tenements with the appurtenances in his Demesne as of Fee and he the said I. G. so of those Tenements with the appurtenances being seized the same I G. before the same time in which c that is to say the said twenty eighth day of October in the year of our Lord one thousand five hundred forty and one at I. aforesaid made his last will and by the same willed that the said I. his Wife should have the said Tenements with the appurtenances to the tearm of the life of her the said Iohanne so that after the decease of her the said Johane those Tenements with the appurtenances should remain unto the aforesaid I. R. and his heirs for ever and afterwards and before the said time in which c. the same I G. at I. aforesaid dyed after the death of which said I. G. the said I. into the said Tenements with the appurtenances by virtue of the said last wil entred and was thereof seized in his demesne as of free-hold And she the said I. so thereof being seized the same I. before the said time in which c. that is to say the said 20 day of September in the
sixth year of the Raign of the said Lord King Edward the sixth above said at I. aforesaid demised the said Tenements with the appurtenances unto the aforesaid I. now one of the said Defendants to have and to hold the said Tenements with the appurtenances unto the same I. F. and his Assignes from the Feast of Saint Michaell the Arch-Angell from thence forth next following and fully to be compleat and so from year to year as long as the said both parties should please by vertue of which said Demise the said J.F. into the said Tenements with the appurtenances entred and was thereof possessed in manner and form as the said J. F.M. and W.P. before in pleading have alleadged Without this Without this that the said J.G. disseized the said W.A. of the said moiety of the said tenements with the appurtenances in manner form as the same W.A. before in pleading hath alledged this c. Whereupon as before prayeth judgement and that the said W. A. from his said Action against them had may be precluded c. ANd the said W.A. as before saith that the said J.G. disseised him the said W.A. of the said moiety of the said Tenements with the appurtenances in manner and form as the same W. A. before in replying hath alleadged and this he prayeth may be inquired of by the country c. ANd the said S.R. by Richard Heywood his Attorney Kent Justification in Trespasse for taking of Cattell in an open pound by vertue of a demise made by one unto whom it was granted by will untill a hundred and eighty pound should he levied thereupon for the preferment of his Daughters cometh and defendeth the force and and injury when c. And as to the coming with force armes c. not guilty c. And as to the residue of the said Trespasse before supposed to be done the same S. saith that the said J. no action because he saith that the said close and also the place in which it is supposed the said Trespasse to be done are and at the said time of that trespasse supposed to be done were eight and forty acres of marsh with the appurtenances called Platters marsh at Alhallowes aforesaid whereof long before the said time of the said time before supposed to be done one R.W. Citizen and Merchant Taylor of London was thereof seized in his demesne as of fee and he the said R. of the said Tenements with the appurtenances so being seized the same R. before the same time in which c. That is to say the twenty fifth day of June in the year of the Raign of the said H. 8. late King of England Father of the Lord the now King 36. at London that is to say in the parish of Saint Augustines in the ward of B. London made and declared his last will in writing and by his said will willed amongst other things that one J the then wife of him the said R.W. the Executors and Assignes of the same J. should have and injoy the said eight and forty acres of land with the appurtenances amongst other things by the name of all his lands By the name Tenements and hereditaments within the Hundred of Howe in the county of Kent untill she the said I should have levy and receive of the Rents Revenues and profits thereof issuing and increasing the full and whole summe of a hundred and eighty pound Sterling for and to the preferment of the marriage of L.A. and T Daughters of the said R.W. that is to say unto every one of them the summe of sixty pound Sterling and afterwards and before the said time in which c. the said R W. at London in the Parish and ward aforesaid dyed after the death of which said R. and before the said time in which c. the said I. into the said Tenements with the appurtenances entred and was thereof possessed by virtue and pretence of the said last will and she the said J. so thereof being possessed the same J. before the said time in which c. that is to say the fifth day of March in the second year of the Raign of the said now King at London aforesaid in the Parish and Ward aforesaid by a certain Indenture between the said Jane of the one part and the aforesaid S. of the other part made with the seal of the same J. sealed did grant and to farm let unto the said S. the said Tenements with the appurtenances to have hold and occupy those Tenements with the appurtenances unto the said S.R. for the tearm of eleven years from thenceforth next following and fully to be compleat by pretence of which said Grant and Demise the aforesaid S.R. at the said time in which c. into the said Tenements with the Appurtenances entred and was thereof possessed And the said J.W. claiming the said Tenements with the appurtenances by colour of a certain deed of Demise unto him thereof made for the Tearm of the rest of the years as yet during by the said J. long before the said Demise by the same J. thereof as afore is said unto the said S. made where nothing of the said Tenements in the possession of him the said John by that deed ever passed into the said Tenements with the appurtenances entred upon the possession of which said John thereupon the said S. at the said time in which c. into the said Tenements with the appurtenances claiming his Tearm then to come of and in the same re-entred and because the same S. then and there found the said cattell in the same place in which c. the grasse of him the said S. then and there growing For damage doing eating up and there damage doing the said S. those Cattell at the said time in which c. did take and the same at Alhallowes aforesaid in the county aforesaid in the common and publick pound Averment there put and impounded as unto him it was lawfull with this that the said S. will prove that the said J. W. or his Assignes not as yet had levied or received the said full and whole summe of a hundred and eighty pound Sterling according to the form and effect of the said last will of the said R.W. her late Husband and this c. whereupon he prayeth Judgement if action c. NOt to be precluded because he saith The Plaintif replies that one A.B. was seized of the moiety of the Tenements in Barr specified who demised that unto him without this that the Testator was seized of the whole Tenements that long before the said time of the said Trespasse before supposed to be done one A. B.R. was seized of the moiety of those tenements with the appurtenances in his demesne as of Fee and he the said A. B. of the moiety of those tenements with the appurtenances so being seized the same A B before the said time of the said Trespasse done that is
M. of those Tenements with the appurtenances so being seized the same M. before the said time of the said Trespas done at C. aforesaid took to her husband the said J.B. by vertue of which they the said J. and M. were seized of those Tenements with the appurtenances in their demesne as of fee in the right of her the said M. and them the said J. and M. of those tenements with the appurtenances so being seized they the said J. and M. afterwards and before the said time of the said trespas done that is to say at the Feast of Saint Michael the Arch-Angell in the thirty seventh year of the Raign of the Lord Henry the eighth late King of England at C. aforesaid demised the said Tenements with the Appurtenances unto one S.S. and unto the aforesaid A. now one of the Plaintiffs the then wife of the same S. to have and to hold the same Tenements with the appurtenances unto the same S. and A. their Executors and Assigns from the same Feast of Saint Michael the Arch-Angel untill the End and Tearm of seven years from thence next insuing and sully to be compleat by vertue of which said demise they the said S. and A. so thereof being possessed the same S. before the said time in which c. at C. aforesaid dyed and the said Allice him survived and held her self in in the said Tenements with the appurtenances and was thereof possessed by the Right of increase and she the said A. so thereof being possessed the same A. before the said time in which c. at C. aforesaid took to her Husband the said E. H. by virtue of which they the said E. and A. were possessed of the said Tenemenrs with the Appurtenances By the Right of increase untill the said G. W. the now Defendant at the said time of the said Trespasse done the said Close with Force and Armes aforesaid did breake and enter and the said Grasse to the value c. with his feet walking did tread down and consume and the said Cattell in the said Declaration before specified then and there found he did take and chase in manner and form as they the said E. and A. before against him themselves now complaineth And this c. whereupon from which the said G. W. the now Defendant the said Trespasse before acknowledging prayeth Judgment and his Damages by occasion of that Trespasse to be adjudged unto him c. Defendant maintains the plea without this that G.W. Grand-Father infeoffed the said A.W. his Sonne c. AND the said G. W. the now Defendant as before saith that the said G. VV. the now Defendant was of the said Tenements with the Appurtenances seized in his Demesne as of Fee and he the said G. W. the Elder of those Tenements with the Appurtenances so being seized the same G. W. the Elder of those Tenements with the Appurtenances died thereof by protestation seized after the death of which said G. W. the Elder the said Tenements with the Appurtenances for that that the same Tenements are of the Tenure and Nature of Gavel-kinde in the said County and that all Lands and Tenements of the same Tenure and Nature in the same County from the time the contrary of which c. were parted and partable between the Heires Males did discend unto the said G. W. as Son and Heire of the said G. W. the Grand-father of the said G. W. the now Defendant and unto the same G. the now Defendant and to the said R. W. Brother of the same G. the now Defendant and unto the aforesaid Margery as Kinne and Co-heire of the said G. their Grand-father that is to say unto the aforesaid G. the now Defendant and Richard his Brother as Sons and Heires of the said R W. one of the Sons and Co-heires of the said G. W. the Elder and unto the aforesaid T. as another Son and Co-heire of the said G. W. the Grand-father of the said G. the now Defendant and unto the aforesaid Margery as Daughter of the said Alexander another of the Sons and Co-heires of the said G. W. the Grand-father by virtue of which the said G. W. the now Defendant and the said R. W. his Brother into the said Tenements with the Appurtenances before the said time in which c. entred and were and as yet are thereof seized in their Demesne as of Fee and the same Tenements with the Appurtenances do hold and at the time of the said Trespasse before supposed to be done and at the day of fyling the said Bill did hold and as yet doth hold in common and undivided with the said Edward and Alice who the Pur-party of the said Margery Bedell of and in the said Tenements with the Appurtenances do hold and at the said day of fyling of the said Bill did hold for tearm of yeares Without this from the demise of the said I. B. and Margery in manner and form as the said G. the now Defendant before in pleading hath alledged without this that the said G. W. the Grand-father infeoffed the said A. W. his Son of the said Tenements with the Appurtenances in Manner and Form as the said E. and Alice before in replying have alledged And this c. whereupon as before prayeth Judgment and that the said E. and A. from their said Action against him had may be precluded c. And they the said E. and A. as before saith that the said G. W. the Grand-father infeoffed the aforesaid A. W. his Son of the said Tenements with the Appurtenances in Manner and Form as they the said E. and A. before in replying have alledged and this they pray that it may be inquired of c. AND the said W. W. by R. C. his Attorney Devon Defendant Justifies that the Tenements in which c. was the ground of another man and iustifies the Trespasse as his Servant doing damage cometh and defendeth the Force and Wrong when c. And as to the coming with Force and Armes c. not guilty and as to the residue c. the same W. W. saith that the said W. S. no Action because he saith that the said Close and also the place in which c. the said Trespasse is supposed to be done are and at the time of the said Trespasse before supposed to be done were thirty six Acres of Land with the Appurtenances in V. aforesaid in a certain place there called W. which are and at the said time of the said Trespasse before supposed to be done were the Ground and Free-hold of one R. M. by which the same W. W. at the said time in which c. into the said Tenements with the Appurtenances as Servant of the said R. and by his Command entred and the said Close as the proper Close of him the said R. did breake And the same W. W. found the said Colt there the Grasse of him the said R. upon the Ground of him the said
such Grant or Demise then had there being or continuance or after that time should have their being or continuance and then were not determined ended or expired or within one yeare next before the first day of the aforesaid Parliament had made or afterwards should make any Demise or Grant for tearm of life or for tearm of yeares of any Mannors Messuages Lands Tenements Meadowes Pastures Woods Rectories appropriate Tithes Pentions Portions Churches Chappels or other Hereditaments whatsoever upon which Demises and Grants the usuall and old Rents and Formes accustomed to be rendred and reserved by the space of twenty yeares next before the aforesaid first day of the same Parliament were not or should not be or afterwards had not been thereupon reserved and rendred or if any such Governor or Governesse of any such Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or other Religious or Ecclesiasticall House or Place which from that time should happen to be dissolved suppressed renounced lost forfeited surrendred or come to the Kings Highnesse within one yeare next before the aforesaid first day of the aforesaid Parliament had made or afterwards should make any Bargain or Sale of their Woods which Woods were then growing or standing that then all and every such Demise Grant Bargain and Sale of Wood or Woods should be altogether void and of none Effect as in the same Act amongst other things more fully appeares And further the same R. saies that the aforesaid late Master and the then Brotherhood of the Mannor aforesaid with the Appurtenances whereof c. in form aforesaid being seized before the said time wherein c. to wit the sixth day of the Month of December in the three and thirtieth yeare of the aforesaid late King Henry the eighth at the Colledge aforesaid by their certain Writing with the common Seale of them the said late Master and then Brother-hood sealed And in the Court of Chancery of him the said late King at Westminster in the County of Middlesex inrolled of Record whose Date is in the Chapter House of them the said late Master and then Brother-hood there the same day and yeare wâ—th their unanimous Assent and Consent and Deliverance of Mind certain knowledge and meer motion for certain just and reasonable causes them the said late Master and then Brotherhood conscientiously moving their Soules voluntarily and of their own accord they gave and granted and by that Writing did give grant render deliver and confirm to the aforesaid late King Henry the eighth their whole Colledge with their Appurtenances and the aforesaid Mannor of E. and other the Premisses with the Appurtenances whereof c. and the Reversion and Reversions of the same Mannor amongst other things to have hold and injoy the aforesaid Colledge with all their Appurtenances and the aforesaid Manner of E. and other the Premisses with the Appurtenances whereof c. amongst other things to the aforesaid late King his Heires Successors and Assignes to the sole proper behoofe use and profit of the same late King his Heires Successors and Assignes for ever as by the same Writing amongst other things more plainly appeares By virtue of which said Gift Grant and Act aforesaid the same late King was seized of the Mannor aforesaid and other the Premisses with the Appurtenances whereof c. in his Demesne as of Fee and Right in right of his Crown of England and being so thereof seized the same late King afterwards and before the aforesaid time of the Trespasse aforesaid made to wit the tenth day of December in the thirty fourth yeare of his Reigne by his Letters Patents which he the said R. brings here into Court whose Date is at Westminster the same day and yeare did give and grant unto Henry then Earle of Surrey the Mannor aforesaid with the Appurtenances whereof c. amongst other things And the Reversion of the same Mannor to have and to hold to him the said Earle his Heires and Assignes for ever By virtue of which said Letters Patents the same late Earle was seized of the aforesaid Mannor with the Appurtenances whereof c. in his Demesne as of Fee and Right and so being thereof seized after and before the aforesaid time of the Trespasse aforesaid made the same late Earle the twentieth day of May in the thirty sixth yeare of the aforesaid late King by his Indenture at E. between him the said Earle by the name of the Honorable Henry Earle of Surrey Knight of the Honorable Order of the Garter on the one part and the aforesaid Richard by the name of Richard Filmerston Gentleman of the other part which other part with the Seale of the aforesaid Earle signed he the said R. brings here into Court whose Date is the same day and yeare did bargain and sell to him the said R. the Mannor aforesaid with the Appurtenances whereof c. amongst other things by the name of the whole Mannor of E. with the Appurtenances in Suffolke and all Lands and Tenements Meadowes Feedings Pastures Woods Under-Woods Possessions and Hereditaments accepted reputed or taken as part parcell or Member of the aforesaid Mannor or to that Mannor in any manner pertaining as also all other Lands Tenements and Hereditaments being of the aforesaid Earles in E. or elsewhere in the County of S. which the aforesaid Earle had of the Gift and Grant of the aforesaid late King or which pertained or belonged or were part parcell or member or unto the aforesaid Colledge or of the Possession thereof within three yeares next before the dissolution of the same Colledge to have and to hold the aforesaid Mannor and all other the Premisses with their Appurtenances to the aforesaid R. his Heires and Assignes for ever as by the same Indenture amongst other things it more fully appeares Which sayd Indenture before Sampson Michell Clerke one of the Masters of the Court of Chancery of the aforesayd late King afterwards the same twentieth day of May in the thirty sixth yeare aforesayd as the Deed of him the sayd Earle by him the Earle was acknowledged and in the Chancery aforesayd the same day and yeare according to the forme of the Statute in that case published and provided was inrolled by which the same R. was seized of the Mannor aforesayd with the appurtenances whereof c. in his Demesne as of Fee untill the aforesayd S. afterwards to wit the aforesayd time wherein c. into the Mannor aforesayd with the appurtenances whereof c. did enter and the Close aforesayd then and there broke and the Grasse aforesayd then and there growing with the Cattell aforesayd did eate up trod downe c. in manner and forme as the aforesayd R. above against him complaines And further the same R. sayes That the aforesayd Demise of the Mannor aforesayd with the appurtenances whereof c. by the aforesayd late Master and the Brotherhood to the aforesayd E. Bestroy and S. in forme aforesayd made had
acre of Land with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid And being so thereof seized before the same time of the Trespasse aforesaid made to wit the first day of June in the 33 yeare of the Reigne of our Lord the King that now is at E. aforesaid in the County aforesaid demised the same Tenements with the appurtenances to him the said Plaintiffe To have and to occupy to him the said Plaintiffe and his assignes from the feast of the Nativity of St. John Baptist then next following untill the feast of St. Michael the Arch-angel in the 35 yeare of the Reigne of our Lord the King that now is By vertue of which demise hee the said Plaintiffe of the Tenements aforesaid with the appurtenances was possessed untill the aforesaid Defendants the day and yeare aforesaid in the Declaration aforesaid above specified by force and armes c. the close and house of him the said Plaintiffe at E. aforesaid they did break against the peace of our Lord the King that now is as he above against them complaineth And this c. Wherefore for that the aforesaid Defendants the breaking of the close and house aforesaid above acknowledgeth he prayes judgement and his damages by occasion of that Trespasse to be adjudged unto him c. The Defendants maintain their plea and traverse their Dâ—mise AND the aforesaid Defendants as formerly say that the aforesaid I.R. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid as they above have alleadged Without that that the aforesaid I.R. demised the Tenements aforesaid with the appurtenances to the aforesaid Plaintiffes as the same Plaintiffe above alleadgeth And this c. Whereupon as formerly he prayes judgement and that the aforesaid Plaintiffe may be debarred from having his action aforesaid of the breach of the close and house aforesaid against them c. Issue upon the Traverse AND the aforesaid Plaintiffe as formerly sayes that the aforesaid I. R. demised to him the said Plaintiffe the same Tenements with the appurtenances as he above hath alleadged And this bee prayes may be enquired of by the Country And the aforesaid Defendants in like manner c. Iustification in Trespasse by vertue of a demise made to the Testator who bequeathed the same to his wife AND the aforesaid R.F. by R. M. their Attorney come and defend the force and injury when c. And as to the coming by force and armes and whatsoever c. not guilty c. And as to the residue of the Trespasse aforesaid above supposed to be done the aforesaid R.F. sayes that the aforesaid R.R. and I. ought not to have their action aforesaid against him c. because hee sayes that the close and house aforesaid as also the place in which the trespasse aforesaid was supposed to be done was and the aforesaid time wherein the Trespasse aforesaid was supposed to be made were one Messuage and one close of Land containing in it fifteen acres of Land with the appurtenances in S. aforesaid whereof before the said time wherein c. one I. A. Esq was seized in his demesne as of Fee And so being thereof seized before the said time wherein c. to wit such a day year and place did demise the Tenements aforesaid with the appurtenances to one R.W. of c. To have and to hold to him and his Assignes from the feast of St. Michael the Archangel then next following unto the end and terme of forty years from thence next following and fully to be compleat and ended By vertue of which Demise the same R. W. was thereof possessed And so being thereof possessed before the said time wherein c. to wit such a day year and place made his last Will and Testament And by the same willed and declared that Elizabeth his wife immediately after the decease of him the said R. W. should have and enjoy his state terme and interest which he then had to come in the Tenements aforesaid The forme of pleading where the Lease accrued to the husband under the wifes title with the appurtenances And afterwards and before the said time wherein c. the same R.VV. dyed After whose death the aforesaid E. was of the Tenements aforesaid with the appurtenances possessed and so being thereof possessed before the said time wherein c. to wit such a day year and place took to husband him the said R. F. By which he the said R. F. was of the Tenements aforesaid with the appurtenances possessed and the aforesaid Plaintiffes claiming the Tenements aforesaid with the appurtenances by colour of a certaine Deed of Demise to them thereupon made for terme of their life by the aforesaid I.A. long before the aforesaid Demise by the same I. A. to the aforesaid R. W. thereupon in forme aforesaid made where nothing of these Tenements with the appurtenances into the possession of them the said Plaintiffes by that Deed ever passed into the Tenements aforesaid with the appurtenances before the said time wherein c. did enter Upon whose the said Plaintiffes possession thereupon the same Defendant afterwards to wit the same time wherein c. into the same Tenements with the appurtenances did re-enter and the grasse aforesaid then there growing which the aforesaid Cattell did eat up tread down and consume and the ground aforesaid in the aforesaid fifteen acres of Land with his ploughes aforesaid he did break up as it was lawfull for him to do And this c. Wherefore he prayes judgement whether the action c. AND the aforesaid Plaintiffe sayes The Plaintiffe pleads that before the domâ—se c. the aforesaid Feoffee enfeoffed the Plaintiffe and others to the use of a stranger that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid Defendants because he sayes that before the aforesaid time of the Trespass aforesaid made the aforesaid I.A. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee and so being thereof seized before the said time wherein c. and before the aforesaid foure and twentieth day of September in the year c. of the same Tenements with the appurtenances enfeoffed them the said Plaintiffes and one R. E. Knight and W. L. to hold to them and their heires for ever to the use of one T. A. son and heir apparent of the aforesaid I. A. and Mary the wife of him the said T.A. and the heires of their bodies of them lawfully begotten By vertue of which said Feoffement they the said Plaintiffes and R. and W. were thereof seized in their demesne as of Fee to the same use And the said Plaintiffes and R. and W. to that use being so thereof seized the aforesaid J.A. the aforesaid foure and twentieth of September in the eighteenth year aforesaid with the appurtenances
ought to have her action aforesaid against them c. AND the aforesaid E. sayes that shee by any thing before alleadged by them the said W. and R. ought not to be debarred from having her action aforesaid against them because by Protestation that the aforesaid sixty acres of wood with the appurtenances are and the aforesaid time of the Trespasse aforesaid made were the sole and freehold of the aforesaid E. Traverse of the Prescription Without that that the aforesaid W. and all they whose estate the same W. now hath and the aforesaid time of the Trespasse aforesaid made had of and in the aforesaid Messuage and twenty acres of Land with the appurtenances have had and time out of minde were accustomed to have for themselves their Farmers and Tenants of the same Messuage and twenty acres of Land with the appurtenances reasonable Estators in the aforesaid sixty acres of wood with the appurtenances for their proper and necessary fireboot in the said Messuage of him the aforesaid W. to be spent and burnt as unto the same Messuage and twenty acres of Land with the appurtenances belonging in manner and forme as the said VV. and R. above by pleading have alleadged And this he is ready to aver VVhereupon for that that the aforesaid VV. and R. the Trespasse aforesaid above acknowledge he prayes judgement and his damages by occasion of that Trespasse to bee adjudged unto him c. Issue taken upon the Traverse of the Prescription AND the aforesaid Prior I.L. and I.F. by VV.C. their Attorney come and defend the force and injury when c. The Defendants all plead not guilty as to the force and armes and one as to the rest And the other justifie by vertue of a Warrant And as to the coming by force and armes not guilty c. And the aforesaid Prior as to the residue of the Trespasse aforesaid sayes that he is in nothing thereof guilty And of this he puts himselfe upon the Country c. And the aforesaid J.L. and J.R. say that the aforesaid J. B. ought not to have his action aforesaid against them because they say that long before the time of the Trespasse aforesaid supposed to be made our Lord the King that now is was seized of the Mannor and Lordship of Leeds in his demesne as of Fee within which said Mannor our Lord the King that now is held his Court called a Court-Baron as in right of his Mannor aforesaid from three weeks to three weeks before his Steward for the time being there to be held And sayes that our Lord the King so being seized by his Letters Patents whose date is the tenth day of October in the seventeenth yeare of his Reigne granted unto the aforesaid Prior and Covent the custody of the Mannor and Lordship of Leeds aforesaid with the appurtenances and the joysting of the Parke there To hold to him and his successours from such a day next to come unto the end of twenty years from thence next following fully to be compleat and ended rendring therefore yearly to our said Lord the King in his Exchequer at the feasts of Easter and St. Michael the Arch-angel by equall portions for the custody and joysting aforesaid 24 l. of lawfull money of England as they before had paid and also sustaining the Closes and Edifices and also supporting all other charges to the same Mannor belonging appertaining so long as they should have the custody and joysting aforesaid By vertue of which said Grant the same Prior and Covent were thereof possessed long before the Trespasse aforesaid supposed to be made and at the day of the Trespasse aforesaid supposed to bee made And they say also further that long before the trespass aforesaid was supposed to be made that is to say such a day and year one J.S. Knight before R.C. then Steward of the same Prior of his Court aforesaid in the same Court brought a certaine plaint against the aforesaid I.B. of a plea of Trespasse by force of which said plaint the same Steward then and there commanded a certaine precept to one VV.R. then Bayliffe of the Mannor aforesaid directed to attach the aforesaid I.B. by his goods and chattels within the Precinct of the same Mannor to appeare before the aforesaid Steward at the next Court there to be held that is to say the second day of September then next following to answer the aforesaid I. S. in his plaint aforesaid by force whereof the same Bayliffe the aforesaid time of the Trespasse aforesaid supposed to be made And the aforesaid I.L. and I.F. as the servants of the same Bayliff and by his command the aforesaid I B. by two Horses and six Oxen aforesaid then in the place in which c. which is within the Precinct of the Mannor aforesaid found they did attach And the same Oxen and Horses then there they impounded and held impounded as it was lawfull for them to do which said taking impounding and detaining of the Cattel aforesaid out of the cause aforesaid are the same Trespasse taking c. of which the same I.B. conceives his action aforesaid c. Which all and singular they are ready to aver Whereupon they pray judgement whether the aforesaid I. B. ought to have his action aforesaid against them c. The Plaintiffe replies that they did it of their proper injury without such a cause AND the aforesaid J.B. sayes that he by any thing before alleadged ought not to be debarred from having his action aforesaid against them because he saith that the aforesaid I. L. and I.F. of their owne proper injury and without such cause by them the aforesaid I.L. and I F. above alleadged with force and armes aforesaid have made in manner and forme as he the said I. B. above against them complaineth And this he prayes may be inquired of by the Country And the aforesaid I. L. and I.F. in like manner c. Issue upon the Traverse AND the said I. M. as before saith That the said Tenements with the appurtenances are and from the time of the memory of man were customary Tenements and Lands and demised and demisable by Copy of Court Roll of the said Mannor in manner and forme as the said I.M. before in pleading hath alleadged And of this hee putteth himselfe upon the Country And the said I. S. in like manner Therefore c. Trespasse upon the Case Midd. ss BOnaventure Ashby Gentleman Declaration in Trover of a reclaymed Falcon Pasch 19. Eliz. Rol. 499. complaines of John Gifford Gentleman in the custody of the Marshall c. for that that is to say whereas the aforesaid B. such a day year and place in the County aforesaid was possessed of a Falcon reclaimed and tamed of the price of 40 l. with two Belles to the value of 12 d. and two Varvils in which the name of the aforesaid B. was inscribed to the value of 5 s. as of his proper goods and chattels
c. whereupon he prayes judgment c. And the aforesaid R.F. sayes that he gave not of his own proper mony to the aforesayd I.P. the aforesaid 6 s. and 8 d. nor any penny thereof nor to the aforesaid T.R. the aforesaid 3 s. and 4 d. nor any penny thereof to speak their verdict for the aforesaid R. M. Defendant in the playnt aforesaid as the aforesaid W.C. above by pleading hath alleadged And of this he puts himselfe upon the Countrey And the aforesaid Plaintiffe in like manner c. AND the aforesaid T.W. by L.D. his Attorney comes and defends the force and injury when c. and all contempt and whatsoever c. And sayes that the aforesaid I. H. ought not to have his Action aforesaid against him because he saith that the aforesaid I. W. the said time wherein c. and long before and after was the servant of him the said T. W. reteyned with him in the service of a Common Labourer at D. in the County of R. And further saith that the aforesaid I. W. for whose part and long before the said time wherein the maintenance aforesaid was supposed to be made at D. aforesayd came unto him the said T.W. and requested him that he in the name of him the said I.W. would ask a certaine man learned in the Law of the Land to be of Counsell with him the said I.W. in the plaint aforesaid And that the said I.W. would well and sufficiently reward him for his labour By virtue of which request the same T.W. the said time wherein the maintenance aforesaid is supposed to be made at W. in the County of Middlesex came unto one W. F. a learned man in the Law of the Land and asked him the said W.F. to be of Counsell with him the said I. W. in the plaint aforesaid and told him the said W.F. that the aforesaid I. W. him the said W. F. would well and sufficiently reward him for his labour Which said comming to the aforesaid W.F. asking and speaking to him the said W. F. out of the Cause aforesaid are the aforesaid maintenance whereof the aforesaid I. H. above complaines And this c. whereupon c. AND the aforesaid I. H. sayes The Plaintife replies be was not his servant that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid I. W. the said time wherein c. was not the Servant of him the said T W. now retained in Service with him the said T.W. as the same T.W. above by pleading hath alleadged and this he prayes may be enquired of by the Countrey and the aforesaid Defendant in like manner therefore Command is given to the Sheriffe that he cause to come before our Lord the King at W. such a day twenty foure as well Knights c. of the Visenage of D. aforesaid by whom c. SVffolk ss T. A. who prosecutes as well for our Lady the Queen is for himself Declaration upon the Statute of mayntenance for buying of a title of Land complaines of John Calfe in the custody of the Marshall c. of a plea that he render to her the sayd Lady the Queen and the aforesaid T. A. two hundred marks for the value of one Messuage and eight Acres of Land Scituate and lying in the fields of C. in the County of Suffolk which to them the said Lady the Queen and the aforesaid T. he owes and unjustly detaines for that that is to say whereas in the Statute in the Parliament of our Lord King Henry the 8th late King of England Father of out Lady the Queen that now is at Westminster in the County of M. the 28th day of Aprill in the 11th yeare of his Raign held and there begun and from thence unto the 23 day of July then next following by diverse proroguings then and there held amongst other things it was enacted that no person or persons of whatsoever state degree or condition soever they should be of who should from thence following bargain buy or sell or by any wayes obtaine gaine or have any right or title of any person or persons in or to any Mannors c. And so recite the Statute untill One Moyetie of the said forfeitures to be to her the said Lady the Queen and the other Moyety to the party who thereupon should prosecute in any of the Courts of our Lady the Queen of Record as in the Statute aforesaid amongst other things more fully is contained yet the aforesaid I. little weighing the Statute aforesaid nor seating the punishment contained in the same the 24 day of June in the 4th yeare of our Lady the Queen one Messuage and eight Acres of Land with the Appurtenances in C. at C. in the County aforesaid of one R.F. by him the sayd I. then and there paid and afterwards to be payed bought obtained and had to him and his Heirs for ever knowing that the same R. F. nor any of his Ancestors had any right or claime to the aforesaid Messuage and eight Acres of Land with the Appurtenances nor were thereupon ever possessed of the same Messuage and eight Acres of Land nor of any reversion or remainder thereof And knowing also that he the same R. F. received not the Rent or profit thereof by the space of one whole year next before the said bargain grant and provision so between them as is aforesaid made Which said Messuage and eight Acres of Land aforesaid with the Appurtenance are worth to be sold two hundred Marks at the least By which the Action accrued to her the said Lady the Queen and to the aforesaid T. A. to require and have of the aforesaid I. the aforesaid two hundred Marks for the value of the Messuage and the aforesaid eight Acres of Land with the Appurtenances yet the aforesaid I. although often required c. the aforesaid two hundred Markes to her the said Lady the Queen nor to the aforesaid T. hitherto he hath not paid but the same to them the said Lady the Queen and to the aforesaid T. hitherto to pay he hath denied and as yâ—t denieth and the same to them the said Lady the Queen and the aforesaid T. as yet unjustly detaineth Whereupon he saith that he is worsted and hath damage to the value of 200 s. And thereupon aswell for our Lady the Queen as for himselfe be brings his Suit c. The Defendant pleads he bought not the Land against the forme of the Statute AND the aforesaid I P. by T.S. his Attorney comes and defends the force injury when c. and all contempt whatsoever c. And by Protestation not acknowledging any thing in the Declaration aforesaid specified to be true for Plea he saith that the same I. bought not obtained or had to him and his Heires of the aforesaid R. F. the aforesaid Messuage and 8 Acres of Land with the Appurtenances against the
take them and as to the residue the propertie in a strange title Replevin 45 Playntiff replyes that the propertie was in himselfe c. title Replevin 46 Plea that the property was in a stranger title Replevin 46 Prescription to take tolle in a Market by a Major of a Burrough title Replevin 55 Propertie of part of the goods pleaded in Barre to an Action of trespas and not guilty to the rest title Trespas 84 Prescription for common for all manner of cattell all times of the year title Trespas 104 Prescription for a foot way to the Church title Trespas 31 Prescription for a Mortuary title Trespas 32 Prescription for a Horse and Foot way leading from one Village to another title Trespas 47 Prescription for cutting of Wood for Estovers title Trespas 69 R. REplevin a Declaration in it see title Replevin 28 Replevin to which some of the Defendants plead that they took not the cattell and the others justifie as servants c. by prescription for Rent arreare title Replevyn 29 Replevyn Declaration in it parcell in the Detinuit and parcell in the Detinet title Replevyn 34 Replevyn Declaration in it for takeing of Hides in a Market title Replevyn 55 Replevyn a Declaration in it for taking of cattell title replevyn 58 Replevyn Declaration in it for takeing of severall cattell in severall places title replevin 68 Replevin where the cattell were taken in one town and were impounded and detained in another title replevyn 70 Replevin for taking and detayning of beasts and chattells title replevin 70 Release pleaded in trespas by the wife of the Playntiff whilst she was sole title Trespas 100 Recognizance entred into in an Audita querela title Audita querela 17 Returne of a Scire facias in an Audita querela title Audita querela 17 S. STate in tayle made by Fine title replevin 42 Statute a Declaration upon the Statute of 1. and 2. of Phillip and Mary for impounding of cattell out of the County title Trespas upon the Case 75 Statute of 1 Edward the 6th for suppressing Chantries and singing pleaded tittle trespas 91 Statute of 8. Henry the 6th of forcible Entries a Declaration upon it title trespas 5 Iustification pleaded in Barre to the Statute by vertue of a certaine Demise and issue thereupon title trespas 7 Sole Seisure pleaded and a traverse of the tenure in common title Abatement 2 Scire facias awarded in an Audita querela title Audita querela 17 Statute of Mayntenance Declaration in it title Statute of Mayntenance 90 Vpon the Statute of Mayntenance a Justification especiall because of consanguinity title Statute of Mayntenance 95 Vpon the Statute of Mayntenance one Defendant pleads not guilty and the other justifies especially title Statute of Mayntenance 91 Vpon the Statute of Mayntenance Justification pleaded as a Counsellor title Statute of Mayntenance 93 Vpon the Statute of Mayntenance Justification pleaded by vertue of a Warrant of Attorney title Statute of Mayntenance 94 Vpon the Statute of Mayntenance Justification as a servant especially pleaded title Statute of Maintenance 96 Satute of Mayntenance a Declaration in it for buying a title questioned title Statute of Maintenance 97 Statute of Mayntenance a Declaration in it where the Defendant took promise to have parcell of the Land title Statute of Mayntenance 98 Statute of Scandalum magnatum a Declaration upon it title Statute of Mayntenance 101 Statute of 23. Henry the 6th a Declaration upon it title Statute of Maintenance 101 T. TRaverse of a misnomer in the Addition to a name and issue up-it in the title Abatement 3 Traverse of a misnomer in the Sirname title Abatement 3 Traverse of a tenure title Replevin 34 Traverse of Desseisin title replevin 37 Traverse of a prescription title Replevin 39 Traverse of disseisin and issue upon it title replevin 48 Traverse of a prescription to be free from paying of tolle title replevin 57 Traverse of a Custome of Eâ—closuâ—e and issue thereupon title replevin 68 Trespas IN trespas the Defendant justifies as tenant to the Plaintiff by Copie of Court Roll title Trespas 84 In trespas the Plaintiff confesseth the Defendant to be his tenant by Copy of Court Rolle but that he hath forfeited his Estate for wast title Trespas 85 In trespas the Defendant justifies by vertue of a Custome of a Mannor giving liberty to cut down trees upon their free-hold title Trespas 86 Traverse of the prescription and Custome and issue upon it in title Trespas 87 88 In trespas justification as servant by vertue of a certain Demise title Trespas 89 Traverse of a Demise and issue thereupon title Trespas 93 In trespas Justification as servant of one who had the freehold title Trespas 93 Traverse of land being parcell of a Mannor c. and issue thereupon title Trespas 94 In trespas Justification as Lessor of one of the Coheirs in Gavelkinde title Trespas 95 Trespas a Declaration against two who plead severally title Trespas 104 In trespas Justification by prescription for Common title Trespas 104 Traverse of a Prescription of Common and issue thereupon title Trespas 106 Trespasse for taking and leading away a Horse title Trespasse 107 The Defendant pleades that the property of the Horse was in him till such time as he was stole and that finding of him hee tooke him title Trespasse 107 In trespasse the Defendant justifies for that the tenements were Customary Lands title Trespasse 109 Trespasse and false Imprisonment title Trespass 111 Trespasse with a Continuando title Trespass 112 In trespasse Justification for that the tenements were customary lands c. title Trespass A. 1 To the Justification the Plaintiffe pleads in Bar a custome that if any customary tenant doth abide out of the Mannor for a yeare and a day then it shall be lawfull for the Lord of the Mannor to seize his customary Lands title Trespass 3 In trespasse justification as damage feasant by vertue of a Demise title Trespasse 9 Justification in trespasse for that the Lands in which c. were Gavelkinde title Trespasse 12 In trespasse the Defendant justifies as servant to another the Cattell doing damage title Trespasse 15 In trespasse the Defendant justifies by vertue of a Demise made by the Master and Fellowes of a Colledge title Trespasse 17 In trespasse a justification by a prescription for a Procession way in another place then in the Declaration with a traverse of the place and issue upon it title Trespas 25 In trespasse justification for a Custome of a Herriot title Trespas 26 Plea in bar to the justification that the Lands were not held by such or so many services and that he did the trespasse De injuria sua propria and traverse the Custome issue upon the Herriot Custome title Trespasse 27 In trespasse some of the Defendants plead not guilty and others justifie for that that the place in which c. is the Kings high way title Trespass 28 The Plaintiff replies that they did the trespass
ACTIONS OF PROHIBITION PROHIBITION ss MEmorandum England Suggestion where the Suggestor affirmeth the Tenement whereof the Tithes are required to be held parcel of a Priory that the Tuesday next after the Month of Easter in that same Term before the Queen at Westminster cometh W. C. in his proper person and giveth unto the said Queen here to be understood that whereas M.W. late Prioresse of the late Priorship of P. in the County of W. was of late seized of and in the same late Priorship of and in one Orchard one Close called the Barn-yard containing by estimation half an acre of Meadow and Pasture of one Close and Meadow called Mott Meadow conteining by estimation sixteen acres of Pasture in P. in the said County unto the same late Priory lately belonging and apperteining and parcell of the possessions thereof and from the time of which the Memory of men is not to the contrary untill the time of the Dissolution or suppression of the said late Priory and also at the time of the dissolution or suppression of the same for himself his Farmers or Tenants thereof for the time being amongst other things they had held and occupied discharged of and from the payment of any Tythe of Hay of in or upon those Tenements with th' appurtenances or any parcell thereof yearly in whatsoever manner by the whole time aforesaid growing renewing comming forth or happening and the said late Prioresse of the said late Priory and of the sayd Tenements with th' appurtenances so as it is beforesaid from the payment of the Tythe of Hay thereupon growing renewing or taken being seized discharged the said late Priory and all the Lands Tenements and Hereditaments unto the same late Priory lately belonging whereupon c. by force of a Statute in Parliament at Westminster in the County of Middlesex in the 27th year of the Reign of H. 8. Statute of â—7 year of H. 8. for suppression of land belonging unto religious houses late King of England held published were suppressed or dissolved and to the hands of the same late King by virtue of that suppression came by virtue of which the said late King was seized of and in the said late Priory and the said Tenements called M. Meadow and R. Close in his Demesn as of Fee in right of his Crown of England And whereas in the Statute in Parliament of the said late King H. 8. Statute of 31. year of H. 8. for the discharge of their land for the payment 〈◊〉 Tithes c. held at VVestminster aforesaid the 28. day of April in the year of his Reign the 31th amongst other things It was firmly Ordeined that as well the said late King his Heirs and Successors as all and singular other Persons their Heirs and Assigns who then had or from thenceforth afterwards should have any Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Ecclesiasticall houses or places Sites Circuits and Precincts of them or any of them or any Mannors Rectories Appropriations Tythes Pensions Portions or any Hereditaments whatsoever which before then did belong or appertein or which then did belong or appertein unto the said Abbeys Monasteries Priories Nunneries Colleges Hospitalls Fryer houses or other Religious and Ecclesiasticall houses or places or unto any of them they should have hold reteyn keep and enjoy aswell the said Rectories Appropriations Tythes Pentions Porsions as the said Monasteries Abbeys Priories Nunneries Colleges Fryer houses and other Religious and Ecclesiasticall houses Sites Circuits and Precincts Mannors Messuages Lands Tenements and other Hereditaments whatsoever and all of them according to their estates and every of their Titles discharged and acquitted from the payment of Tythes so freely and in as ample manner and form as the said late Abbots Priors Nuns Prioresse and Ecclesiasticall Governours or Governesses or of any of them they should have hold occupy possesse use or enjoy the same or any parcell thereof at the dayes of their dissolution suppression dissertion forfeiture Surrender or comming to the hands of the said late King of such Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Religious houses or places or at the day of Dissolution Surrender or be comming to the hands of the said Late King of any of them by the said Act or any thing in the same conteined to the contrary thereof notwithstanding by force of which said Statute or by pretence of the rest of the Premisses the said late King H. 8. held the said Premisses with the appurtenance called M. Meadow and R. Close by himself his Farmees and Tenants thereof had and held discharged from the payment of the Tyth of Hay of in and upon the same tenements with th'appurtenance or any parcell thereof yearly in whatsoever manner growing renewing comming or happening and so thereof being seized the said late King afterwards that is to say _____ day _____ in the year of his Reign _____ at Westminster in the County of Middlesex by his Letters Patents sealed with his great Seal of England and in due manner executed bearing date the same day and year gave and granted the said Tenements with th' appurtenances called M. Meadow and R. Close with th'appurtenance unto the aforesaid W.C. To have to him and his Heirs for ever To hold of the same late King as of _____ by pretence of which said Letters Patents the said W.C. into the said tenements called M. Meadow and R. Close with th'appurtnance entred and was thereof seised in his Demesn as of Fee and so thereof being seized the same tenements with th' appurtenances by himself his Farmers or Tenants had and held discharged from the payment of any Tyth of Hay of in or upon the said Tenements called M. Mead and R. Close or any parcell thereof yearly in whatsoever manner growing renewing comming or happening by pretence of the said Act and of the rest of the Premisses And whereas also in the Statute in Parliament of the said late King H. 8. Statute 31. H. 8. that no person should be sued or constrained to pay Tythes where c. The like Statute of the second year of Edw. the 6th held at Westminster aforesaid in the 31. year abovesaid It was enacted that no person nor persons should be sued or constrained to render give or pay any Tythes for any Mannors Lands Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or prescription were not chargeable with the payment of Tythes And further whereas in the Statute of the late King Edw. the 6th in the second year of his Reign amongst other things firmly it remaineth that no person should sue or otherwise Compell to render give or pay Tyths for any Mannors Lands Tenements or Hereditaments which by the Lawes and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tythes of Hay thereupon growing taken