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
his Reign amongst other things it was ordained and firmly remaineth that aswell the said late King his Heirs and Successors as all and singular such person and persons their Heirs and Assigns who then had or from thence 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 Messuages Rectories appropriate Tythes Pensions Portions or other Hereditaments whatsoever they should be which belonged or appertained or which then that is to say at the time of the publishing of that Statute did belong or appertain unto the said Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryers houses or other Religious and Ecclesiasticall houses or places or unto any of them they should have hold retein keep and enjoy aswell the said Rectories appropriate Tythes Pensions and Portions as the said Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses and other Religious and Ecclesiasticall houses and places Sites Circuits Precincts Mannors Messuages Lands Tenements and other Hereditaments whatsoever they should be and every of them according to their Estates and Titles discharged and acquitted from the payment of Tithes as freely and in as large and ample manner as the said late Abbots Priors Abbesses Prioresses and other Ecclesiasticall Governours and Governesses or any of them had held occupied possessed used reteined or enjoyed the same or any parcell thereof at the dayes of their dissolution suppression renouncing dissertion forfeiture giving up or comming to the Highness of the late King of such Monasteries Abbeys Priories Nunneries Hospitalls Friers houses or other Religious or Ecclesiasticall houses or places or at the day of dissolution suppression renuntiation desertion giving up or 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 as by the said Statute among other things more fully it doth and may appear Giving up of the Abbey land by the Abbot unto the King The foresaid late Abbot as well of the said Rectory as of the said Tenements with th' appurtenances called the Demesns from the payment of the said tithes was discharged as afore is said in form aforesaid being seized the said late Abbot the 28. day of January in the said 31. year of the Reign of the said late King H. 8. at Westminster aforesaid by the assent of the said late Monastery then called together by his certain Writing then sealed with the Conventuall Seal of the said late Monasterie and in the Chancery Court of the said late King at Westminster aforesaid then held and being and in due manner inrolled of Record bearing date the same day and year gave granted and gave up unto the said late King H. 8. the said late Monastery and also the said Rectory and the said Tenements called the Demesns with th' appurtenances amongst ather things To have and to hold unto the said late King his Heirs and Successors amongst other things for ever by virtue of which and by force of the said Statute the said late King H. 8. was of that Mannor Rectory and Tenements with th' appurtenances amongst other things seized in his Demesn as of Fee in the right of his Crown of England and so thereof being seized the said Tenements with th' appurtenances called the Demesns and every parcell thereof held and enjoyed and ought to hold and enjoy discharged and acquitted from the payment of any Tithes aforesaid above in this behalf recited of in or upon the said Tenements with th' appurtenances called the Demesns and every or any parcell thereof yearly in manner and form aforesaid above in this behalf alleged in any manner growing happening sheering milking or renewing by pretence of the said Act of the rest of the premisses and the foresaid late King of the same Tenements with th'appurtenance called the Demesns from the payment of the said Tithes in that manner aforesaid discharged in form aforesaid being seized the said late King Intailment made by Letters Patents of the King the 20th day of April in the 34th year of his Reign at Westminster aforesaid by his Letters Patents sealed with his great Seal of England and in due manner made and to the Court of the said now Queen here proffered bearing date the same day and year gave and granted the said Tenements with th'appurtnances called the Demesns unto one E.R. Knight and unto the Lady V. then his Wife To have and to hold to them the said E. and V Form of pleading of a Deed in the tayl and the Heirs males of the body of him the said E. lawfully begotten and for default of such issue the Remainder thereof unto one F. R. Esquire brother of the said E. and to the Heirs males of the body of him the said E. lawfully begotten and for default of such issue the Remainder thereof unto the right Heirs of one R. R. Knight then deceased late Father of the said E. for ever To hold of the said late King his Heirs and Successors in Chief by the Tenth part of one Knights fee As by those Letters Patents amongst other things more plainly it doth and may appear By pretence of which said Letters Patents they the said E. and V. into the same Tenements with th' appurtenances called the Demesns entred and were thereof seized that is to say the said E. in his Demesn as of Fee tayl in form aforesaid and the said V. in her Demesn as of Free-hold for term of her life the Remainder thereof as aforesaid is remaining and the said E. and V. of the same Tenements with th' appurtenances called the Demesns in that manner afore-spoken of being seized they the said E. and V. the same Tenements with th'appurtnances likewise held and enjoyed of and from the payment of the said Tithes before in this behalf alleged in whatsoever manner growing happening sheering milking or renewing By right of increase altogether discharged by pretence of the said Act and of the rest of the Premisses and so thereof being seized the said E. afterwards at B. with N. aforesaid dyed without Issue male of his body lawfully begotten and the said V. him survived and held her self in into the said Tenemenes with th'appurtences called the Demesns and was thereof solely seized in her Demesn as of Freehold for term of her life the remainder thereof in form aforesaid being And the said V. of the same Tenements with th' appurtenances in that manner afore spoken Note whensoever any doth allege land to be discharged from the paying of Tithes and the same land was conveyed from the King to divers persons the Plaintif in Prohibition ought to allege the same lands to be held and discharged by whatsoever persons using the same lands being seized She the said V. likewise held and enjoyed the said Tenements with th' appurtenances altogether discharged of and from the
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
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
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
for the time being or to their certain Attorney four pounds Sterling at the four Terms in the year in the City of London usuall by equall portions as by that Writing here in Court shewed more fully it doth and may appear by vertue of which said Demise the said I. R into the said Messuage with th' appurtenances before the said time in which c. entred and was thereof possessed and so thereof being possessed the said John afterwards that is to say the fifteenth day of May in the sixth year of the Reign of the King that now is at the said City of London that is to say in the Parish of St. Swithin in the Ward of Walbrook London made his Will and by the same Will constituted and appointed one P. B. and N. S. Citizens and Cloth workes of London Executors of his said Will And afterwards and before the said time Lessee for years makes his Will and dyes and his term commeth to his Executors in which c. there dyed after whose death the said P. and N. as Executors of the said Testament into the said Messuage with th' appurtenances entred and was thereof possessed and the said R. H. claiming the said Messuage with th' appurtenances by colour of a certain Charter of Demise unto him thereof made for term of his life by the foresaid R. C. Rector of the said Church before the said Demise by the said B. C. thereof unto the said I. R. made in form aforesaid where none of that Messuage with th' appurtenances into the possession of the said R.H. by that Charter ever passed over into that Messuage with th' appurtenances before the said time in which c. he entred upon the possession of which said R. H. thereupon the said I. R. afterward that is to say the foresaid time in which c. into the said Messuage with th' appurtenances as servant of the said P. and N. and by their Command re-entred as to him it was lawfull to doe And this c. whereof c. ss AND the said R. Hartings saith Plaintif saith that the lands were appertaining to a Singing man and by Act in the Parliament of King Edw. 6. it came to the hands of the King and that the King gave the same lands unto one who sold them the Plaintif without that the said Rector Demised in manner and form c. Upon the Statute of the first of E. 6. for suppressing of Singing men of Colleges and free Chappels that he by any matters by the said I. above c. ought not to be precluded because he saith that well and true it is that the said R. C. Clerk late Rector of the said Church of St. Swithin in Candlewick-street London long before the said time of the foresaid Trespass done he was seized of and in the said Messuage with th' appurtenances in his Demesn as of Fee in the right of his said Church to the use to find a Chaplain to celebrate Divine Services in the said Church of St. Swithins for ever and so thereof being seized to the same use afterward and before the said time of the aforesaid Trespass done by an Act in Parliament of the Lord the now King held and begun at Westminster the fourth day of November in the first year of his Reign and from thence untill the twenty fourth day of December then next following continued and then and there begun it was Ordained and enacted by Authority of the same Parliament that all manner of Colleges free Chapels and Chanteries being and to be had within five yeers next before the first day of the fame Parliament which were not in actuall and reall possession of the said Lord H. late King of England the eighth Father of the Lord the now King neither in reall and actuall possession of the same now Lord the King Neither excepted in a certain Act in Parliament of the same Lord the Lord the King held at Westminster the said twenty third day of November in the thirty seventh year of his Reign other than such which by Commissions of the Lord the King in form afterwards in the said Act made in the first year of the said Lord the now King should be mentioned altered transposed or changed And all Mannors Lands Tenements Rents Tithes Pensions Portions and other Hereditaments and the matter mentioned in the aforesaid Act made in the first year of the said Lord the now King abovesaid appertaining unto them or unto any of them and also all Mannors Lands Tenements Rents and other Hereditaments and the other things in the said Act mentioned by any Assurance Will Devise or otherwise had made or acknowledged or declared given assigned limited or appointed to the sustentation of any Presbytery to have continuance for ever and with which or by which any Presbyter should be susteined maintained or found within five years next before the first day of the same Parliament of him the said Lord the now King which were not in actuall and reall possession of him the said Lord the now King And also all annuall Rents Profits and Emoluments at any time within five years next before the beginning of the same Parliament of the first year abovesaid deteined paid or gathered towards or for the Maintenance Supportation and Exhibition of any Stipendary Presbytery intended by any Act without writing to have continuance for ever by Authority of any Parliament immediatly after the Feast of Easter then next it should be adjudged and also it should be in true actuall and reall possession and seizin of the Lord the now King his Heirs and Successors for ever without any Office or Inquisition therof to be had or found and in as ample manner and form as the Presbyters Wardens Masters Ministers Governours Rectors and other Incumbents of them or any of them at any time within six years next before the beginning of the said Parliament of the said Lord the now King were had occupied or enjoyed or at that time they had occupyed and enjoyed the same And as if all and singular the said Colleges Free Chapells Chaunteries Stipendaries Salaries of Presbyters and the said Mannors Lands Tenements and all the Premisses whatsoever and every of them had been or were in the same Act specially particularly and certainly recited nominated and expressed by expresse words names Addition of names Corporations Titles and Faculties and in their own natures kinds and qualities as by the same Act more fully appeareth And the said R. H. saith that the said Messuage at the said time of the making and finishing of the said Act of Parliament of the said Lord the now King and continually before was applied and given to the sustentation of a Chaplain in the said Church of St. Swithins to celebrate Divine Service in the same Church And further the said R. H. saith that at the said time of making the said Act and before the said Messuage was not in actuall and reall possession of the said
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
so being seized the same R. of such his Estate before the said time in which c. dyed thereof seized after the death of which said R. the said Tenements with th' appurtenances descended unto one Matild as Daughter and Heir of the said R. by which the same Matild into the same Tenements with th' appurtenances entred and was thereof seized in her Demesn as of Fee according to the Custom of the said Mannor and so thereof seized the same Matild before the said time in which c. took to Husband the said I. M. by which they the said I. and Matilda were of the same Tenements with th' appurtenances seized in their Demesn as of Fee according to the Custom of the said Mannor Colour by demise by Copy of Court-Roll in the right of the said M. And the said I. S. claiming the said Tenements with th' appurtenances by Colour of a certain Deed of Demise to him thereof made by the said late Earl in his life long before the said Demise of the said Tenements with th' appurtenances unto the aforesaid R. M. in form aforesaid made where nothing of the said Tenements into the possession of him the said I. S. by that Deed ever passed into the said Tenements with th' appurtenances entred Upon the possession of which said I. S. the same I. M. in the right of the said M. his Wife afterwards that is to say at the same time in which c. into the said Tenements with th' appurtenances re-entred and the said Close and House as the proper Close and House of them the said I. M. and M. did break and the said Grass as the proper Grass of the said I.M. and M. with the said Cattell did eat up tread and consume as to him it was lawfull The form of Pleading where Land is granted by Copy of Court-Roll to him and his And further the same I. M. saith in fact that within the said Mannor it hath and from the time the Contrary of which the memory c. it had such Custom that is to say that all Tenants of any Lands and Tenements within the said Mannor having and holding the same Lands or Tenements as of the said Mannor by Copy of Court-Roll by these words in the same Copies that is to say To have to him and his according to the Custom of the said Mannor they shall have an estate in the same Lands and Tenements with th' appurtenances in Fee-Simple according to the Custom of the said Mannor And this c. And whereupon c. And the said I. S. saith that he by any matter c. not to be precluded because he saith that well and true it is that the said late Earl of Ormond was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and so thereof dyed seized after the death of which said Earl the said Tenements with th' appurtenances Discent descended unto the aforesaid I. S. as to the Cosin and Heir of the said late Earl that is to say as Son and Heir of George as Son and Heir of Anne Daughter and Heir of the said Earl by which the said I. S. before the said time of the said Trespass done into the said Mannor with th' appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee untill the said I. M. at the said time in which c. into the said Tenements with th' appurtenances entred and the said Close and House then and there did break and the said grass then and there growing with the said Cattell did eat up tread and consume in manner and form as the said I. S. before Without this himself now Complaineth Without this that the said Tenement with th' appurtenances are and from the time the contrary of which the memory of man doth not remain were Customary Lands and Tenements and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in pleading hath alleged And this c. Whereupon from what the said I. M. of the said Trespass before acknowledgeth prayeth Judgement and his Damages by occasion of the said Trespass to be adjudged unto him c. And the said I. M. as before saith that the said Tenements with th' appurtenances are and from the time the Contrary of which the memory of men doth not remain were Customary Tenements and Lands and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in Pleading hath alleged And of this he putteth himself upon the Countrey And the said I. S. likewise c. Therefore c. I. I. lately of c. and B. P. lately of Declaration in Trespass and false imprisonment c. were attached to answer W. N. of a Plea wherefore by force and arms him the said W. at London they took imprisoned and evill handled and him there so in prison against the Law and Custome of the Realm of our Lady the Queen that now is they long deteyned and other harms to him they did to the great Damage of him the said W. and against the Peace of our Lady the Queen c. And whereupon the same W. by I. W. his Attorney complaines that the aforesaid I. and B. such a day and year by force and arms that is to say with Clubs and Knives him the said W. at London c. they took imprisoned and evill handled And him there in Prison against the Law and Custom of the Realm of our Lady the Queen that now is they long that is to say for the space of thirty dayes they deteined And other harms c. To the great Damage c. And against the Peace c. Whereupon he saith he is worsted and hath Damage to the value of 300. pounds And thereupon he brings his Sute c. To this Declaration above the Defendants plead specially the Charter of the Universitie and that they were Proctors And that the Plaintif was fined for ingrossing and forestalling c. And this in the Chancellours Court in Cambridge and so justifie the taking of him for the Fine and to this the Plaintif Demurs and the Defendants joyn in Demurrer At which day here came aswell the aforesaid W. as the aforesaid I and B. by their Attorneys aforesaid The Demurrer adjudged good and a Writ of Enquirie of Damage awarded And upon this the aforesaid Plea of the aforesaid I. and B. above in Bar pleaded being seen and by the Justices here fully understood it seems to the same Justices here that that Plea in the manner and form aforesaid pleaded and the matter conteined in the same is insufficient in the Law to debar him the said W. from having his Action aforesaid against the aforesaid I. and B. For which the aforesaid Plaintif ought to recover his Damages by occasion of the Trespass aforesaid against the aforesaid
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
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
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
to say in such a day and year at c. by his certain Writing obligatory sealed with the Seal of him the said R.N. in his life and unto the Court c. whose Date c. acknowledged himself to be holden and firmly bound unto the said R.B. in his life in the aforesaid 60. l. to be paid unto the said R.B. his Executors or Administrators on the Feast of St. Michael the Arch-Angel from thence next ensuing notwithstanding the aforesaid R.N. in his life and the aforesaid A.N. after the death of him the said R.N. although often requested c. the aforesaid 60. l. unto the said R.B. in his life and the said W.B. unto whose Administration of all and singular the Goods and Chattels Rights and Credits which were of the said R.B. at the time of his death by T. Watts Arch-Bishop of Middlesex lawfully deputed 25. day of May in the year of our Lord 1577. at London was committed have not hitherto paid nor either of them hath paid but the same unto the said R.B. in his life and the said W.B. after the death of him the said R.B. have altogether denyed to pay and the aforesaid A.N. doth deny to pay and the same unto said W. as yet doth unjustly detain to the damage of him the said W. 40. pounds and in delay of the Execution of the Administration aforesaid and thereupon he bringeth his Sute and profereth here in Court the aforesaid Letters of Administration of the said W. by which it plainly makes appear unto the Court of the said Lady the Queen here him the said W. to be Administrator of the Goods and Chattels aforesaid c. An Action upon the Statute of Maintenance ss I. F. Who aswell for the Lady the Queen as for himself prosecuteth and complaineth of H.B. in the custody of the Marshall c. of a Plea that he render unto the said Queen and unto the said I. 10. l. of lawfull c. which unto the said Lady the Queen and to the said I. who aswell c. doth owe and unjustly detein for that that is to say That whereas in the Statute in the Parliament of the Lord H. the 8. late King of England at Westminster in the County of Middlesex 28 day of April in the one and thirtieth year of his Reign began to be held and there through divers prorogations untill to the 25. day of May in the two and thirtieth year of his Reign prorogued and continued The words in pleading that the Parliament is prorâ—gued and then and there held by the said Lord the King with the assent of the Lords Spirituall and Temporall and of the Commons there it was enacted that no person or persons of whatsoever State degree or condition he or they should be or were from thenceforth hereafter he or they should unlawfully maintain or cause or procure any unlawfull Maintenance in any Action Demand Sute or Complaint in any Court of the said Lord the King of the Chancery Star-Chamber Whitehall or else-where within any the Dominions of the Kingdom of England or of Wales or in the Marches of the same where any person or persons hath or then hereafterwards should have authority by virtue of a Commission of the Lord the Kings Letters Patents or Writ to hold a Plea of Land or to examine hear or determine any Title of Land or any matter or Witnesses concerning the Title Right or Interest of any Lands Tenements or Hereditaments and also that no person or persons of whatsoever state degree or condition he or they be or were from thenceforth in time to come should unlawfully retein for maintenance of any Sute or Plea any person or persons to imbrace any Freeholders or Jurors or should suborn Witnesses by Letters reward promise or any other sinister labour or means to maintain any matter or cause to the disturbance or hindrance of Justice or to the procuration or occasioning of any Perjurie by false Verdict or otherwise in any Court aforesaid under the pain of forfeiting for every such offence 10. l. of which one moity thereof should be unto the said late King his Heirs or Successors but the other unto him who therefore will prosecute by action of Debt Bill Plaint or information in any Court of the said late King where no Essoin Protection wager of Law injunction shall be allowed as in the same Statute amongst other things is more fully contained notwithstanding the said H. the aforesaid Statute no wise regarding nor the penalty in the same contained any manner of way fearing a certain Bill of plaint before her the said Lady the Queen at W. as yet hanging undetermined between one R.K. Plaintif and the aforesaid I.F. of a Plea of Trespass on the behalf of the said R.K. against the aforesaid I.F. in such a day and year at c. hath maintained and upheld to the manifest disturbance and hindrance of Justice and in Contempt of the Lady the now Queen and against the form of the aforesaid Statute by which an Action did accrew unto the said I.F. aswell for the Lady the Queen as for himself to require and have of the said H.B. the aforesaid ten pounds notwithstanding the aforesaid H. although he hath been often requested c. the aforesaid 10. l. unto the said I.F. who aswell c. hath not as yet paid but the same to him hitherto hath altogether denyed to pay and as yet doth deny to the damage of him the said F. five pounds and thereupon he bringeth his Sute c. ss P. S. Who aswell for the Lady the Queen as for himself A Declaration upon the Statute of Perjury prosecuteth and complaineth of W. O. in the custody of the the Marshall of a Plea that he render unto the said Lady the now Queen and unto the said P. 20. l. of lawfull c. which unto the said Queen and unto the said P. who aswell c. doth owe and unjustly detein for that that is to say that whereas in a Statute in Parliament of the Lady the now Queen at W. in the County of Middlesex on the 12. day of January in the fifth year of her reign holden published amongst other things it was firmly Ordained and Enacted by the Authority of that Parliament that if any person or persons after the 10th day of April then next following either by subordination unlawfull procuration sinister perswasion or means of any other by their proper Act consent or agreement voluntarily and corruptly should commit any voluntary perjury by his or their deposition in any the Kings Chancery Courts of the Star-chamber Whitehall or elsewhere within the Kings Dominions of England or Wales or in the Marches of the same where any person or persons hath or have authority by virtue of the Kings Commission of Paâ—ent or Writ to hold Plea of Land or to examine or determine any Title of land or any matter or Witnesses concerning the Title Right and Interest of
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
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
the Sea in his Voyage towards London aforesaid with the said Wine And further the said I. N. in fact saith that after the said lading of the said thirty two Pipes of Canary Wines of the said I. N. in the said Ship in form aforesaid done to be transported from the said Isle of Teneriff up to London aforesaid and after the said departing of the said Ship from the said Port of the Isle of Teneriff aforesaid in his said Voyage towards London aforesaid the same Ship bâ—ing laden with the said thirty two Pipe of Canary Wines of him the said I. N. in saying upon the main Sea from the Isle of Teneriff aforesaid towards London aforesaid that is to say the twenty eighth day of I in the fortieth year of the Reign of the said now Queen aforesaid by the boisterousness of Winds and great Tempests in the main 〈◊〉 was overwhelmed and there was cast away and the said thirty two Pipes of the Canary Wines of him the said I. there then and in the main Sea were altogether lost that the said I. N. afterwards that is to say the Tenth day of A. in the fortieth year aforesaid at London aforesaid in the Parish and c. gave Notice to the said 8. of the said losse Notwithstanding which the said E. his promise and Assumption aforesaid nothing regarding but imagining and fraudulently intending the said I. N. of the said twenty five pounds or any parcell thereof unto the said I. N. hath not as yet paid or in any manner for the same hath satisfied although afterwards that is to say such a day and year at L. aforesaid in the Parish and c. was required by the said I. to doe this whereupon the said I. faith that he is the worse and hath Damage to the value of ten pounds And thereupon he bringeth his Sute c. ss EDward Ayscoughe Esquire complaineth of Thomas Pelhum Esquire late Sheriff of the said County Surrey Declaration against a Sheriff for that he did not arrest one in exccution upon a Cap. utl after Judgement being in his presence Enquire if the Plaintif ought not declare who aswell for the Queen as for himself A Cap ' to satisfie to the Sheriff of London and that he was not to be found ret ' thereupon for that that the Originall Writ there had issued in the Custody of the Marshall c. for that that whereas the said E. formerly that is to say in the Term of St. Michael in the 28. and 29th years of the Reign of the now Queen before Edmond Anderson Knight and his fellows then Justices of the Queens Bench at Westminster in the County of Middlesex by Consideration of the same Court had recovered against one W. Howard late of c. sixty five pounds three shillings four pence which was adjudged unto the said E. in the Court of the said Queens Bench for his Damages which he had by occasion of a certain Trespas upon the Case unto him by the aforesaid W. done as it had been said whereupon he was convicted upon which said Judgement the said E. for the more speedy obtaining of the said Damages afterwards that is to say the nineteenth day of J. in the thirtieth year of the said now Queen shed forth out of the Court of the said Queens Bench a certain Writ of the same Queen to satisfie against the said W. directed to the then Sheriffs of London where his Originall Writ in the said Plea had formerly issued by which said Writ the said Queen had commanded them the said then Sheriffs of London that they should take the said W. if he should be found in their Bayliwick and him safely to keep so that they should have his body before the Justices of the said Queen at Westminster from the day of the holy Trinitie in fifteen dayes then next following to satisfie unto the said E. of the said 65. pound 3. shillings four pence which unto the said E. in the same Queens Court were adjudged for his said Damage whereof he was Convicted At which day before the said E. Anderson and his fellows then Justices of the said Queens Bench at Westminster aforesaid came the same Edward by his Attorney and T. Skinner and I. Catcher then Sheriffs of London sent to the then Justices of the said Queen at Westminster that the said W. was not found in their Bayliwick by which then and there a Command was to the same then Sheriffs of London Exigent to the Sheriffs of London that they should cause to be called the said W. from Husting to Husting until according to the Law and Custom of the Kingdom of the said Q. of England he should be Outlawed if he should not appear and if he should appear then they should take him and cause safely to be kept so that they should have his Body before the Justices of the said Queen at Westminst aforesaid on the Morrow of all Souls then next following to satisfie unto the said Edward of the said Damages At which day before the aforesaid Justices of the said Queen at Westminster came the said E. by his said Attorney Exigent retorned by the new Sheriffs which was executed by the Sheriffs of London their Predecessors and H. Offeley and R. Saltenstall then Sheriffs of London then and there retorned the said Writ unto them by the said T. Skinner and I. C. late Sheriffs of London their Predecessors in going out from their Office delivered unto them and in form following retorned and executed that is to say at the Husting of a Plea of the Land held in Guild-hall of the City of London on Monday next after the Feast of the Apostles of Peter and Paul in the thirtieth year abovesaid the said W. the first time was called and did not appear At the Husting of a Plea of the Land held in the Guild-hall of the said City on Monday next after the end of St. Mildred the Virgin in the thirtieth year abovesaid the said W. was the second time called and did not appear At the Husting of a Plea of the Land held in Guild-hall of the said City on Monday next after the end of St. James the Apostle in the thirtieth year abovesaid the said W. was the third time called and did not appear At the Husting c. held c. on Monday next afor the end of St. Faiths the Virgin in the year c. the said W. was the fourth time called and did not appear At the Husting c. held c. on Monday next after the end of St. Luke the Evangelist in the thirtieth year abovesaid the said W. was the fift time called and did not appear therefore he was Outlawed Outlawed Upon which the said E. afterwards that is to say in the Term of St. Hilary in the thirty second year of the Reign of the said now Queen he Sued forth out of the said Court of the Queens Bench aforesaid at Westminster aforesaid a certain Writ
Trespass to be adjudged unto him ss AND the said G. B. as before saith that the said CC. Acres of Heath and Furzes are and at the said time of the said Trepass done were parcell of the said Mannor of R. in manner and form as the said G. above in pleading hath alleged And of this he putteth himself c. ss AND the said Henry Crowch by J. Percivall his Attorney commeth and defendeth the force and injury when Defendant justifies as Lossee the Coheirs in Gavelkind with the Plantiff had one Father per divers venters Mi. 11. H. 8. Roll. 88. c. And saith that the said T.B. ought not to have c. any Action because he saith that long before that the said T. B. had any thing in the foresaid Tenements with the appurtenances on T. B. Father of the said T. B. the now Plaintiff was seized of all the whole Tenements aforesaid as in his Demesn as of Fee and so thereof being seized took to Wise one A. S. and they the said T. B. the Father and A. had issue between them the said T. B. and afterward the aforesaid A. dyed after whose death the said T. B. the Father took to Wife one M. C. which said T. and M. had issue between them one G. B. and afterward the said T. B. the Father dyed by Protestation seized of all the whole Lands aforesaid after whose death the said Tenements for that that the same Tenements are and were then of the tenure and nature of Gavelkind in the County of Kent and that the same Tenements Custom of Land of the tenure of Gavelkind and all other the Lands and Tenements of the same tenure and nature are and from what time memory doth not remain were parted and partable between the Heirs Males and that from the whole time of which memory doth not remain in the County of Kent by the Custom of the said County it was used that whensoever two Heirs Males were Copartners of the half bloud of whatsoever Parent begotten were inheritable of any the Lands or Tenements of the said tenure or nature of Gavelkind in the same County and if either of the same Heirs without Heir of his body should dye of his purpartie of such like Hereditaments seized That when the other Heir Copartner of the same Heirs surviving inherited and by the whole time aforesaid was Hereditable and did inherit and ought to inherit according to the Custom of the said County all the purpart of the Lands and Tenements of the said tenure and nature of Gavelkind aforesaid of the other Heir so without Heir of his body dying or any of the other bloud of the same Heir of the whole bloud so without Heir of his body dying descended to the said Thomas B. Son and to the said G. Bedell as Sons and Heirs of the said T. B. the Father according to the aforesaid Custom By which the said T. B. the Son and G. B. into the said Tenements with the appurtenances before the said time in which c. entred and thereof were seized in their Demesn as of Fee And afterwards and before the same time in which c. the said G. B. at Southwark in the County of Surry dyed and his said Moity or purpart seized without Heir of his body lawfully begotten after whose death the Moity or purpart of the said G. descended unto the said T. B. the Son and Brother and Heir of the haâ—f bloud of the said T. B. according to the said Custom by which the said T. B. the Son into the said other Moity or purpart of the said G. his Tenements aforesaid before the said time in which c. entred and was of the whole tenements seized in his Demesn as of Fee and so thereof seized before the time aforesaid in which c. demised the said whole Tenements unto the said H. C. to have to him for the rest of the years by which the said H. C. of the same Tenements was possessed And because the said H. at the said time in which c. found the aforesaid Horse eating the Grass of him the said H. in the said Tenements then growing and there then doing dammage the said H. chased that Horse out of the said Tenements into the common Straw House as it was lawfull to him to do And this c. Whereupon c. Acknowledgeth part of the Plea of the Defendant by the Plantiff ss NOT to be precluded because he saith that true it is that the said T. B. the Father was seized of the said whole Tenements in his Demesn as of Fee and so thereof seized took to Wise the aforesaid A. S. and they the said T. and A. had issue between them the said T. B. the Son and afterward the said A. dyed after whose death the said T. B. the Father took to Wife the said M.C. and they the said T. and M. had issue between the said G.B. and that afterwards the said T. B. the Father dyed seized of the whole Tenements after whose death the said Tenements for that that the said Tenements are of the tenure and nature of Gavelkind in the County of Kent and that the same Tenements and all other the Lands and Tenements of the same tenure and nature are and from the whole time of memory doth not remain were parted and partable between the Heirs Males and that from all the said time of which memory doth not remain in the said County of Kent by Custom of the said County it was used that whensoever two Heirs Males Copartners of the half bloud of whatsoever Parent begotten were of any Lands or Tenements of the said tenure and nature of Gavelkind in the same County hereditable and either of those Heirs without Heir of his body should dye seized of his purparty of such Inheritance that then the other Heir Copartner of those surviving shall inherit and by all the time aforesaid was hereditable and did inherit and ought to inherit according to the use and Custom of the said County the purparty 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 bloud of the same Heir of the whole bloud and without Heir of his body dying descended unto the foresaid T. B. the Son and G. B. Sons and Heir of the said T. B. the Father according to the aforesaid Custom by which the said T. B. the Son and G. B. into the said Tenements with the appurtenances before the said time in which c. entred and thereof were seized in their Demesn as of Fee and that that the said G. B. at Southwark aforesaid dyed and of his said Moity or purpart seized without Heir of his body lawfully begotten in manner and form as the said H. C. in his said Bar before hath alleged And the said I. B. the now Plantiff saith that after the death of the said G.
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
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
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
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
Withernam so many of the cattell of the aforesaid I. M. as are of the value of those cattell and the same to the aforesaid E. D. he cause to be delivered untill these cattell to the aforesaid E. he will deliver and put by sure and safe pledges the aforesaid I. M. that he be before c. such a returne c. to answer the Keepers c. as well of the contempt as the aforesaid c. of the damages and injuries to him in that behalfe brought The same day is given to the aforesaid E. c. THE TABLE A. ABatement where two Tenants in Common and but one named in the writ Title of Abatement Fol. 1 Abatement for Misnomer of a Town pleaded and Issue upon it 2 Abatement for Misnomer of the addition of a Name 2 Abatement for Misnomer in the Sur-name 3 Appeal of Robbery against the Principalls and Abbettors where some are Bailed and others not the triall and Verdict 5 Avowry for Rent arreare title Replevin 25 Avowry for Rent arreare title Replevin 27 Avowry for services and suit of Court undone title Replevin 29 Avowry for homage unperformed and Rent unpaied title Replevin 32 Avowry for Rent arreare title Replevin 34 Avowry for Rent behind and services undone title Replevin 38 Acknowledgement to an avowry and Judgment thereupon title Replevin 39 Avowry for Damage-feasant title Replevin 38 Avowry for Rent unpaid and services and suit of Court undone title Replevin 40 Avowry for Rent arreare title Replevin 41 Attornment of tenant to the Lord title Replevin 43 Avowry for Rent behind and homage and fealty title Replevin 44 Avowry by one Defendant and justification as a servant by the other for a Rent-charge behind title Replevin 49 Aide prier and joynder thereupon title Replevin 50 Avowant maintaines his plea and traverses Nonage pleaded in bar to him title Replevin 51 Avowry by virtue of a special custome within a Mannor title Replevin 54 Avowry of taking goods by a Maior of a Towne for tole denied title Replevin 55 To the avowry the Plaintiff pleads that he is Burgess of the Burrough of B. and that by reason thereof he is discharged of all toles within the Town of H. title Replevin 56 Avowry as to part of the Cattell that he took it for a Herriot and as to the other that he did not take title Replevin 58 Avowry by one Defendant as damage feasant and no caption by the other title Replevin 67 Avowants plead that they tooke the Cattell by the name of a Distresse and they put them in open Pound where they perished title Replevin 69 Aide prier after issue joyned title Trespass 35 Assise upon no â—ell disseisin of tenements c. and judgment upon it and a Habere facias Possessionem title Assise 9 In assise the Originall anâ— the returne thereof title Assise 10 In assise the Habeas Corpus Juratorum and return title Assiâ—e 11 Assise upon novell disseisin a declaration in it title assise 11 In assise no disseisin pleaded title assise 12 Audita querela upon an escape by a Bailiff of a Liberty title Audita querela 15 In Audita querela the Defendants appeare by Attorney and imparle 18 Admission of one under age to sue by Prochain â—my to be entred upon record upon the Rule where the declaration is entred title errour 40 Affirmation of a judgment after a writ of errour in the Exchequer chamber title errour Fol. B. BAR especiall to an advowâ—â—â—â—tle Replevin 2â— Bar to an advowry for that the Defendant took the Catter out of his Fee title Replevin 31 Bar to an advowry for that the Defendant hath nothing in the tenements c title Replevin 36 Bar to an advowry that he did not hold the Land by the services c. title Replevin 40 Bar to an advowry that the Defendant was never seised of the Rent and services c. title Replevin 43 Bar to an advowry that the Defendant took the Cattell out of his fee c. title Replevin 45 Bar to an advowry that the property of the Chattells himselfe and not in another title Replevin 47 Bar pleaded in Avowry by Nonage title Replevin 50 Bar to an Advowry that the Land wherein a Herriot was taken was without the Fee title Replevin 66 Bar for want of inclosure pleaded to an Avowry for Damage-feasant title Replevin 67 Bar to a justification that it is the Free hold of the Plaintiff and not of the other title Trespasse 83 C. CAse for scandall of a title Title trespasse upon the case 72 Case for scandalous words that the Plaintiff was a Felon title trespasse of the case 74 Case for stopping of a way title trespasse of the case 76 Case upon a promise in consideration of money to secure goods beyond the â—eas title trespasse upon the case 77 Case against a Sherif for not arresting one upon an execution being in his presence title trespasse upon the case 79 Case upon an assumpsit to save one harmlesse from an Obligation title trespasse upon the case 82 Custome of London that the Rector of any Church may let the Land of his Church with the assent of the Wardens of that Parish and of honest Persons Vestrie men title Trespasse 89 Custome speciall pleaded amongst heirs in Gavelkind title Trespas 96 Colour pleaded the manner of it title Trespasse 101 Conveyance pleaded in consideration of Marriage title Trespasse 101 Colour by demise of Copie of Court Roll Title Trespas 110 Colour by Feoffement Title Trespasse 30 Custome for a Mortuarie pleaded Title Trespas 32 Charge given to the Jury upon Assize Title Assize 13 Conspiracie Declaration in it for causing one to be endicted for witch craft Title Conspiracie 20 Conspiracie Declaration in it for one who was indicted together with others before the Justices of the Peace and afterwards acquit by the Justices of Assize Title Conspiracie 22 In Conspiracie one Defendant Justifies as a Counsellor giving advice and the other as witnesses Title Conspiracie 23 Case upon a Trover and conversion of a Reclaymed falcon Title Trespas upon the Case 73 Case for keeping a Dogge accustomed to bite Sheep Title Trespasse upon the Case Case upon Warrantie of a Hawke Trespas upon the Case 74 Case for stopping of a Water-course title Trespas upon the Case 74 Case against an Inne-keeper for selling his Guests Horse title Trespas upon the Case 75 Case for warrantie of Cattell fold title Trespas upon the Case 75 Case upon a promise on a Bargain title Trespas upon the Case 76 Case against one for cheating with false Dice title Trespas upon the Case 77 Case upon a Trover of a Recognizance title Trespas upon the Case 77 Case upon a Trover and Conversion for a Ring title Trespas upon the Case 78 In Case upon trover and conversion the Defendant pleads that he bought the goods in open Market c. title Trespas upon the Case 78 Case against one for scandalls of a title title Trespasse upon the Case 79 Case against
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