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
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
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
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
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
the Justices aforesaid that the aforesaid Plaintiff should goe quit without day c. By reason of which said premises the aforesaid Plaintiff hath been enforced and compelled to expend and lay out great sums of mony and been at very great trouble and loss about the cleering of himself and the restitution of his good name fame and reputation and the evacuating and making voyd of the aforesaid Indictment To the damage of him the said Plaintiff of 100. l. And thereupon he brings his Sute c. Not guilty pleaded to this T. Farrer Attorney for the Plaintiff I. Wem Attorney for the Defendant ACTIONS OF CONTINUANCE CONTINUANCES AFterwards the Processe being thereupon continued between the parties aforesaid Continuance of a Decem tales upon the Roll. of the aforesaid Plea put here between them in respite before the Lord the King at VVestminster untill Tuesday next after fifteen dayes from the day of Easter from thence next following for default of Jurors c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Jurors of that Jury being called some of them came and some of them came not And because the residue of the Jurors of the aforesaid Jury appeared not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Friday next after the morrow of the holy Trinitie for want of Jurors c. Therefore the Sheriff is to have their bodies c. And he is to put ten others c. The same day is given to the parties aforesaid there c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And the Sheriff retorns the names of the ten others of which now c. And as to the further Execution if the Writ aforesaid the Sheriff retorns that the Writ aforesaid was so lately delivered unto him that for the shortnesse of time he could not make any further Execution Therefore the Jury is further put in respite before our Lord the King at Westminster untill Friday next after fifteen dayes of St. Michael for want of Jurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the Jurors of that Jury some of them came and some of them came not Therefore the Jury aforesaid is further put in respite before our Lord the King at Westminster untill Thursday next after from the day of St. Michael in three weeks for want of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid c. At which day before Continuance upon a Summons ad Auxiliand c. came the parties aforesaid by their Attorneys aforesaid And the Sheriff sent not thereupon the Writ Therefore it is commanded him as otherwise that he Summon by good Summoners the aforesaid W. that he be before c. such a day wheresoever c. to joyn himself in aid to the foresaid L. to expect and maintain that issue with the aforesaid L. if c. And further c. And as to the trying of those issues above joyned The Jury is thereupon to come before our Lord the King at the same Term wheresoever c. And who neither c. to Recognize c. Continuance of a Demurrer in Law and an Issue AT which day here came the parties aforesaid c. And because the Justices will advise themselves of and in the aforesaid Plea whereupon the parties aforesaid have above demurred in Law before they thereupon render Judgement Therefore day is given to the parties aforesaid here until eight daies of St. Hillary of hearing thereupon this judgement Because the Justices here have not as yet c. And as to the trying of the issue aforesaid between the same parties by the Countrey to be tried above joyned The Sheriff hath not sent the Writ Therefore as formerly Command is to the Sheriff that he cause to come at the same Term twelve c. To Recognize in form aforesaid c. Continuance of Scire facias in a Writ of Error AT which day before our Lord he King at Westminster came the aforesaid Plaintif in a Writ of Errour in his proper person And the Sheriff sent not the Writ thereupon c. Therefore as otherwise it is Commanded the Sheriff that by honest men c. he make known to the aforesaid Defendant that he be before our Lord the King such a day wheresoever c. To hear the Record and Processe aforesaid And further c. The same day is given to the aforesaid Plaintif by the aforesaid Manuceptors c. Continuance of a Judgement after Verdict AT which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here of their judgement to be rendred of and upon the Premisses are not as yet advised Therefore day is given to him the said Plaintif in the same state c. is now in before our Lord the King untill such a day wheresoever c. of hearing thereupon their judgement c. AT which day before our Lord the King at Westminster Continuance of an Exigent came the aforesaid Plaintif by his Attorney aforesaid And the aforesaid Defendant came not nor the Sheriff thereupon sent the Writ Therefore Command is to the Sheriff that if now he cause him to be called from County to County untill he shall be Outlawed if not c. And if c. then he shall take him and safely keep him so that he may have his body before our Lord the King such a day wheresoever c. AT which day before our Lord the King at Westminster Continuance of a Distringas in Attaint came aswell the parties aforesaid by their Attorneys aforesaid as the aforesaid three Jurors of the first inquisition formerly appearing in their proper persons And the Sheriff hath not sent the Writ Therefore the Jury of the tweny four Knights aforesaid remains to be taken before our Lord the King on the Morrow c. wheresoever c. for default of Jurors of the same Jury of 24. Knights c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of 24. Knights by all their lands c. And that of the issues c. So that he may have their bodyes before our Lord the King at the same Term The same day is given aswell to the parties aforesaid as to the aforesaid three Jurors of the first inquisition aforesaid now appearing c. THe Jury between C. S. by his Attorney Plaintif Continuanceâ— of a Jurata for want of Juror and a Decem Tales awarded and E. R. of
a Plea of Debt put in respite before our Lord the King at Westminster untill such day c. unless c. first c. at such a place c. by the form of the Statute c. Come for default of Jurors At which day before our Lord the King at Westminster came the parties aforesaid by their Attorney aforesaid And the aforesaid Justices before whom c. have sent here the Record of the Jury aforesaid before them had in these words Afterwards at the day and place aforesaid reciting the Record untill came as well the within named c. as the within written c. And the Jury likewise called some of them came and some of them came not as appears in the Panell c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King c. untill c. Therefore the Sheriff c. is to put ten such c. The same day is given to the parties aforesaid here c AT which day before our Lord the King at Westminster Continuance upon a matter in Law and Verdict came the parties aforesaid by their Attorneys aforesaid And because the Court of our Lord the King here aswell of their judgement upon the Verdict aforesaid as of their judgement of the matter in Law above pleaded to be rendred are not as yet advised Day is thereupon further given to the said parties in the state wherein they are now before the Lord the King at Westminster untill eight dayes of St. Hillary wheresoever c. of hearing thereupon their judgement c. for that the Court of our Lord the King here is not as yet c. Continuance in Attaine where the Sheriff Retoâ—â—s not the Writ and out of the assent of the parties the Jury is not taken AT which day before our Lord the King at Westminster came as well the parties aforesaid by their Attorneys aforesaid as the aforesaid seven Jurors of the first Inquisition aforesaid formerly appearing in proper person And the Sheriff Retorns the Writ to our Lord the King thereupon in all things prepared and executed But the Jurors of those twenty four Knights aswell of the assent of the parties aforesaid and the aforesaid seven Jurors of the former Inquisition aforesaid as of the Jurors aforesaid of the twenty four Knights remains to be taken before our Lord the King untill the Morrow c. wheresoever c. And Command is to the Sheriff that he distrein the Jurors of the same Jury of twenty four Knights by all their lands c. And that of the Issues c. And that he have their bodies c. before our Lord the King at the same Term c. the same day is given aswell to the parties aforesaid as to the aforesaid seven Jurors of the first Inquisition aforesaid now appearing c. Continuance by a Writ of adjournment BEfore which day the Plaint aforesaid was adjourned by the Writ of our Lord the King of Common adjournment untill eight dayes of St. Hillary then next following wheresoever c. At which said eight dayes of St. Hillary the Plaint aforesaid was further adjourned by the Writ of our Lord the King of Common adjournment untill from the day of Easter in fifteen dayes unto the Castle of Hertford At which day c. Continuance of the Jurata where the Plaintif acknowledgeth one of the Defendants to be dead AT which day came aswell the aforesaid P. as the aforesaid R. by their Attorneys aforesaid And the aforesaid P. sayes that the aforesaid A. is dead c. Therefore against him nothing is further thereupon to be done c. And thereupon the parties aforesaid now appearing The Sheriff thereupon sent not the Writ c. Therefore as formerly the Jury aforesaid is put in respite before our Lord the King untill in eight daies c. wheresoever c. for default of Jurors c. Therefore the Sheriff is to have their bodies c. The same day is given to the parties aforesaid now appearing c. Continuance of a Jurata by the assent of the parties THe Jury between I. S. Esquire Plaintif and T. W. of c. of a Plea of Trespass put in respite here untill such a day c. aswell of the assent of the parties aforesaid as of the Iurors of the same Iury now here at this day to wit from the day of Easter c. appearing Therefore the Sheriff is to have their bodies c. THe Iury between T. W. Gent. by his Attorney Plaintif Jurata which serves either for debt trespass or Ejectione firme And G.D. of c. of such a Plea put in respite before our Lord the King at Westminster untill Tuesday next after Eight dayes of Saint Michael unlesse the Iustices of the Assizes of our Lord the King in the County aforesaid assigned to be taken first on Monday the eighth day of August at Newark upon Trent in the County aforesaid by the form of the Statute c. Come for default of Iurors c. Therefore the Sheriff is to have the bodies c. The same day is given to the parties aforesaid here c. And it is to be known that the Writ of our Lord the King thereupon the fourth day of July in this self-same Term before our Lord the King at Westminster is delivered of Record to the Deputie of the Sheriff of the County aforesaid in form of Law to be Executed under a penaltie c. UNless the beloved and faithfull c. John Popham Knight This difference in Guild-hall London before the Chief Justice Chief Iustice of our Lord the King of the Pleas in the Court of him the said Lord the King before him the said King assigned to be held first on Saturday next after c. at Gild-hall London by form of the Statute c. as in the next before ACTIONS of COMMITTITVR COMMITTITUR Committitur of a Prisoner to the Marshall being under the Custodie of the Sheriff by a Case AFterwards to wit the twenty fifth day of May then next following before our Lord the King at Westminster came W. R. in his proper person under the Custody of the Sheriff of the County aforesaid in Execution for the damages aforesaid by vertue of the Writ of our Lord the King of Capias ad satisfaciendum to him the said Sheriff of and upon the Premisses directed which said R. is committed to the Marshall c. there to remain untill c. according to the form of the judgement aforesaid c. Committitur of a Prisoner upon a Case COmmand was to the Sheriff that he should take c. Whereof he is Convict And now here know aswell the aforesaid A. by his Attorney aforesaid as the aforesaid Defendant in his proper person by the Sheriff of the County aforesaid brought to the Bar And the Sheriff now retorns that he took the bodies of him the said Defendant And
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
Recognize c. because aswell c. The same day is given unto the said parties c. ss AND they the said I. B. and W. B. by A. B. their Attorney commeth and defendeth the Force and Injury when One of the Defendants pleads that he did not take the other DefendaÌ„t justifies by vertue of a Demise to him made of five acres at Will for Damage feasant c. and the said W. saith that he did not take the said Cattell as the said E. before against him hath declared And of this he putteth himself upon the Countrey And the said E. likewise c. And the said I. doth well avow the taking of the said Cattell in the said place in which c. and justly c. because he saith that long before the time in which the said taking is supposed to be done one J. T. and W.M. were seized of five acres of Land with th' appurtenances in the said Town of B. whereof the said place in which the said taking is supposed to be done is parcell in his Demesn as of Fee and so thereof seized Demised the same five acres of Land with th' appurtenances whereof the said place in which c. is parcell unto the said I. B. To have and to hold unto the said I. B. from year to year at the will of them the said I. T. and W. M. by virtue of which Demise the said I. B. was possessed of the said five acres of Land with th' appurtenances To hold in form aforesaid and so thereof possessed by the Will of the said I. T. and W. M. plowed the said five acres of land and with Corn sowed the said five acres of land after the same Sowing at the said time in which the said taking is supposed to be done when the said Corn was bladed And for that that the said I. B. at the same time in which c. found the said Cattell in the same place in which c. there doing Damage and eating the said blades the said I. B. doth well avow the taking of the said Cattell in the said place in which c. doing Damage c. And the said E. saith Plaintif faith that the trespas was done for default of Closure of the Defendant that the said I. for the reason before alleged the taking of the said Cattell ought not to avow just because he saith that the five acres of land are one Close by it self and that the said I. T. and W. M. and all other Tenants thereof from time out of mind have accustomed to shut the said Close so as themselves undamnified from going into that Close and the feeding treading down of their grasse or blades there growing by the Cattell of whomsoever there to be done they would preserve And the said E. further saith that he is and at the same time was seized of another five acres of Land with th' appurtenances in the same Town neer adjoyning unto the said Close And that he before the said time of the said taking put the said Cattell in his said five acres of Land to feed and those Cattell for default of shutting of the said Close of the said I.T. and W. M. entred the same Close and the said Damage at the same time of the said taking did And this he is ready to prove c. Whereupon from which the said I. B. the taking of the said Cattell in the said place in which c. as before prayeth Judgement and his Damages by that occasion to be adjudged unto him c. Defendant saith that the place in which c. was not used to be closed from the time c. Without this And the said I. B. saith that he by any matter before alleged from the taking the said Cattell to be avowed ought not to be precluded because he saith that the said Close doth lye open Without this that the said I. T. and W. M. and all others Tenants thereof accustomed to shut that Close from the time which Memory is not extant as the said I. B. before hath alleged And this c. whereupon he prayeth Judgement and the retorn of the said Cattel to be adjudged unto him c. And the said E. saith that the said I. T. and I. M. and all others Tenants of the said Close accustomed to shut the said Close from the time in which Memory is not extant As the said E. before hath alleged And this he prayeth may be Inquired of by the Countrey c. â—ent Declaration upon a Replevâ—n yet they are deteyned in severall places ss W. D. H. T. and J. W. were summoned to answer unto T. K. of a Plea wherefore they took the Cattell of him the said T. and the same unjustly deteined against the Sureties and Pledges c. Whereupon the said T. by W. his Attorney Complaineth that the said H. and I. 12. day of February in the Tenth year of the Reign of the said now King at H. in the County aforesaid in certain places called M. and D. they took the said Cattell that is to say in the said place called M. 31. Weather-sheep parcell c. in the said place called D. they took three Lambs residue c. and the same as yet they unjustly detein against Sureties and Pledges c. whereupon he saith that he is the worse and hath damage to the value of ten pounds And thereupon he bringeth his Sute c. Two of the Defendants doe avow the taking in the right of their Wives as Daughters and Heirs of a Woman who was seized of Land for Damages done and the third as Servant of them and by their Command doth well acknowledge the taking c. Plaintif saith in replying that another in the right of his Wife was seized of the Tenements c. and the same Plaintif Demised at Term of years Without this that the Mother of the Wife avowing dyed seized of the Tenements c. as c. and prayed further that the Avowant secure unto him Deliverance c. Defendant maintaineth that the Mother of their Wives dyed seized as c. and for security of Delivery they should say in form following c. And further The Advocants say that they took the Cattell by the name of a Distress they put them in an open PouÌ„d where they perished they the said W. H. and I. say that they the Delivery of the said Cattell unto the said T. ought not to secure because they say that the said Cattell in the said ten acres of Land with th' appurtenances by the name of a Distresse from the Cause by them before in their said Avowment alleged they took and the same Cattell unto the Town of B. in the said County they chased and were wronged And the same Cattell there in a certain open Pound where the said T. might have given them the sustentation of food of Cattell if he would have given it unto them to be kept in Safety as
a Distresse And this they are ready to prove Whereupon they pray Judgement if they the Delivery of the said Cattell unto the said T. in this behalf ought to secure c. The Advocants say that after the said taking converted the same to his own use Without this that in default of the Plaintif they perished with hunger And the said T. L. saith that the said W. H. and I. ought not to secure the Delivery of the said Cattell unto him because he saith that they the said W. H. and I. after the taking of those Cattle converted them to their own use Without this that those Cattell in default of him the said T. with hunger perished in that manner and form which the said W. H. and J. before in pleading have alleged And this he is ready to prove as the Court c. Whereupon he prayeth Judgement and that they may secure unto him the Delivery thereof c. And they the said W. H. and I. as formerly say that the said Cattell in the Default of the said T. perished with hunger as they the said W. H. and I. before in pleading have alleged And of this they put themselves upon the County And the said T. likewise c. And therefore aswell to try c. as c. ss AND upon this the said R. G. prayeth that the said J. and J. may secure unto him the Delivery of the two Cows Inrolment that the Defendant secure Delivery of the Cows aforesaid And they the said J. J. unto him the said R. the Delivery of those Cows are undertaken by T. S. and R. therefore the Command is to the Sheriff that those two Cows he cause to be delivered unto the said R. C. without delay and in whatsoever manner c. he shall make known in eight dayes of Saint Hillary c. THe Lord the King Declaration in a Writ of Replevin of Cattell where the Defendants doe appear upon the Writ plur Repleg of Proces upon a Writ of Replevin by the Plaintif not found Parl. 37. H 6. Return of a Writ of Plur ' Replevin sent his Close writ to the Sheriff of Cornwall in these words Henry by the Grace of God of England c. reciting word by word the Writ of the pluries Replegiar c. The Indorsement of the same Writ followeth in these words the Cattle within written are removed to a place to me unknown by the within written I. B. and I. further I Certifie unto the Lord the King that no other writ besides this writ was deliver unto me And now at this day that is to say at the said fifteen dayes of Easter in the same Term before the Lord the King at W. cometh aswell the said W. by I. G. his Attorney as they the said I. B. and I. K. by P. G. his Attorney upon which they the said I. B. and I. K. prayeth that the said W. may declare against them in the said Plea and upon this the said W. findeth his Pledges here in Court Note if the sheriff makes Replevin by writ the Plaintif doth not put in security to the sheriff but to the Court Declaration in a Replevin where the Cattel were taken in one Town and were impounded and detained in another to prosecute that is to say I. G. and R. I. And complaineth that the said I. B. and I. K. the Monday next after the feast of the Epiphany of our Lord in the thirtieth year of the Reign of the said now King at P. in a certain place called M. they took twenty Oxen of the price of every Oxe twenty shillings ten Steeres of the price of every Steere ten shillings ten Cowes of the price of every Cowe ten shillings and four Horses of the price of every Horse twenty six shillings and Eight pence and brought them to T. and there have impounded and unjustly detained against Sureties and Pledges And that they the said I. B. and I. K. the same day and year took Cattel that is to say ten Oxen of the price of every Oxe twenty shillings six Cowes of the price of every Cow ten shillings and ten Steeres of the price of every Steer ten shillings at H. in a certain place called B. and there impounded and unjustly detained and as yet unjustly they doe detain against Sureties and Pledges c. Whereupon he saith that he is the worse and bath damage to the value of C marks and thereupon he bringeth his sute c. Imparlance in a Replevin And they the said I. B. and I. K. doe defend the force and wrong when c. all taking and unjust detaining c. whatsoever c. And they pray a day to imparse and it is granted unto them c. And upon this day thereupon is given to the said parties untill in Eight dayes of the holy Trinity wheresoever c. That is to say the said I. and I. to Imparl and then to answer Kent Declaration upon a Replevin for taking and detaining of beasts and Chattels c. K. B. of P. was summoned to answer unto W. M. of a Plea wherefore he took the Cattel and Chattels of him the said W. and the same detained against Sureties and Pledges c. And whereupon the said W. by I. G. his Attorney complaineth that the said R. in such a day and year c. at I. in a certain place called S. took Cattel that is to say three Horses and Chattels that is to say one Cart and four Copps and six Sheaves of the wheat of him the said W. and the same detained against Sureties and Pledges untill c. Whereupon he saith that he is the worse And hath dammage c. And thereupon bringeth his sute c. Defendant as Bailiff of the Prior acknowledgeth the taking of the Cattell for a Rent charge and aâ—ears behind where he was thereof by prescription And the said R. B. by W. F. his Attorney cometh and defendeth the force and injury when c. and as Bailiff of W. Prior of Christs Church in Cambridge doth well acknowledge the taking of the said Cattell c. in the said place in which c. And justly c. because he saith that the said T. late Prior of the said Church Predecessor of the said now Prior and all his Predecessors heretofore Priors of the said Church from the time of which c. were seized of a certain Rent of six shillings eight pence Comming forth of twenty acres of Land with th' appurtenances in I. aforesaid whereof the said place in which c. is and at the time of the said taking done was parcell in his Demesn as of Fee in the Right of his said Church by the hands of the Tenant of those twenty acres of Land with th' appurtenances for the time being As of a Rent-Charge yearly at the Feast of the Ascension of our Lord and of St. Andrew the Apostle to be paid by equall Portions And
Freehold of him the said I. he did break and enter and the said R. from the possession of the said House expelled and amoved and him the said R. from the possession thereof by the time aforesaid withheld and kept as to him it was lawfull And this c. whereupon c. ss AND the said R. B. saith that he by any thing Replication c. ought not to be precluded because he saith that the said House in which the Trespass aforesaid was done is and at the time in which c. was the ground and Freehold of him the said R. and not the ground and Freehold of him the said I. in manner and form as the said T. above in pleading hath alleged and this he prayeth may be enquired c. Defendant pleads to part property in himself and to the residue that he did not take ss AND the said G. and E. by I. B. his Attorney commeth and defendeth the force and Injury when c. and prayeth Judgement of the said Writ because as to the taking and detention of three of the Topsail of the Tapestry and other things c of the aforesaid goods and chattells in the said Declaration above specified parcell they the said G. and E. say that the property of the same goods and chattells parcell c. at the said time of the taking aforesaid above supposed to be done was in them the said G. and E. and not in the said I. in manner and form as the said T. himself doth now Complain and this c. whereupon he prayeth c. and that the said Declaration as to the taking and deteining of the said goods and chattels parcell may be made void c. and as to the residue of the goods and chatteâ—ls in the said Declaration above specified they the said G. and E. say that they did not take those goods and chattells residue c. in manner and form as the said T. above in his Declaring hath all god And of this he putteth himself upon the Countrey and the said T. likewise c. Replication for other parcell ss AND the said T. saith that the Declaration aforesaid as to the taking and deteining of the said goods and chattells parcell c. by any matters by the said G. and E. above by pleading hath alleged ought not to be made void because he saith that the property of the said goods and chattells parcell c. at the said time of the said Caption done was in the said T. and not in them the said G. and E. in manner and form as they the said G. and E. above in pleading have alleged And this he prayeth c. and the said c. likewise therefore as to the Tryall of that Issuâ— as the aforesaid other Issues between the said parties above likewise joyned Cometh thereupon the Jury c. and upon this the Plaintif findeth Pledges to deliveâ— the goods and chattells of the Defendant c. Defendant just fiâ—th as Tenant of the Plaintif by Copy of Court Roll of the Mannor of Foaley ss AND the said Defendant by I. S. his Attorney commeth and defendeth the force and injury when c. and as to the comming with force and arms c. not guilty and as to the rest of the Trespass aforesaid above supposed to be done the said Defendant â—aith that the said Plaintif ought not to have an action because he saith that the Close and house aforesaid and also the places in which the Trespass aforesaid is supposed to be done are and at the time of the said Trespass above supposed to be done were one Messuage and two acres of Land with th' appurtenances in Foxley aforesaid which said Messuage and two acres of Land with th' appurtenances at the time of the said Trespass above supposed to be done and also from the time of the Memory of man were parcell of the Mannor of Foxley of which said Mannor with th' appurtenances aforesaid which is and at the said time in which c. and also long before the said time in which c. was seized in his Demesn as of Fee and that the same Messuage and two acres of Land with th' appurtenances are and by all the said time were and are Customary Land and from the whole time aforesaid of which the Memory of men is not to the contrary were Demised and Demiseable by Copy of Court-Roll of the Mannor aforesaid by the Lord of that Mannor or his Steward of that Mannor for the time being unto whatsoever person or persons would be willing to take the same in Fee-simple Fee-tayl at Term of life or of years at the will of the Lord according to the Custome of the said Mannor and the said Plaintif of the said Mannor with th' appurtenances whereof c. as aforesaid being seized the said Plaintif before the time aforesaid in which c. that is to say the twelfth day in the thirty sixt year of the Reign of H. 8. late King of England at F. aforesaid at the Court of that Mannor then there held at the said Mannor by one I. W. then his Steward there by Copy of Court Rolls of that Mannor granted the Tenements aforesaid with th' appurtenances in which c. the said Defendant to have to himself and his Heirs for ever To hold of the said Plaintif by a Rod at the Will of the Lord of that Mannor by the Rent and Service thereupon due and accustomed by virtue of which Grant the said Defendant into those Tenements with th' appurtenances in which c. before the foresaid time in which c. he entred and was thereof seized in his Demesn as of Fee at the Will of the Lord of the said Mannor according to the Custome of the said Mannor and he the Defendant being so thereof seized the said Defendant the foresaid time in which c. the Close and House aforesaid with th' appurtenances in which c. as the proper Close and House of him the Defendant did break and enter and the aforesaid Oak in and upon the said two acres of Land then growing as the proper Oak of him the Defendant did cut down and carry away as to him it was lawfull and this c. whereof c. ss AND the said Plaintif saith Plaintif confesseth the Defendant to be his tenant by Copy of Court Roll but saith that the same Defendant forfeited his estate to him by doing waâ—â— in cutting down an Oak of the age of ten years that he ought not to be precluded because he saith that well and true it is that he the said Plaintif is and at the time of the said Trespas done and long before was seized of the Mannor with th' appurtenances whereof c. in his Demesn as of Fee and that the aforesaid Messuage and two acres of Land with th' appurtenances are and at the foresaid time in which c. and also from the time of the memory c.
possession of the said T. by that grant ever passed into those Tenements with the appurtenances before the said time in which c. entred upon the possession of which said T. thereupon they the said T. and I. afterwards that is to say in the same time in which c. into the said Tenements with the appurtenances entred and the said close as the proper close of them the said T. and I. did break and the said Grasse as the proper grasse of the said T. and J. then and there growing with the said Cattell did eat up tread and consume and the said Ground as the proper ground of them the said T. and J. then and there with the Plough aforesaid did rip up and also the said underwood as the proper underwood of them T. and J. then and there growing did cut down and carry away as to them it was lawfull and this c. and whereupon c. Plaintiff saith that well and true it is that the Tenements are customary lands c. but saith that within the said mannor it hath been a custome that if any customary Tenant should inhabit by one year without the Mannor then the Lord might enter and him thereof expell OUght not to be precluded because he saith that well and true it is that the said Tenements with the Appurtenances whereof c. are and from all the time aforesaid were parcell of the Mannor of Bromefeild aforesaid of which said Mannor with the appurtenances the said T. S. late Prior of the said late Priory of the blessed Mary of B. aforesaid before the said time of the said Trespasse done was seized in his Demesne as of Fee in the Right of his said Prioty and that the said Tenements with the appurtenances in which c. are and from all the time aforesaid were demised and demisable by the Lord of the said Mannor or by his Steward of the court of that Mannor for the time being by copy of Court Roll of the said Mannor unto whatsoever Person or Persons willing to take the same in fee simple fee-tail for tearm of life or yeares at the Will of the Lord according to the custome of the said Mannor and him the said Prior so thereof being seized the said late Prior before the said time in which c. that is to say at the court of him the said late Prior at that mannor held the said Wednesday in the said Match of Saint George in the twenty eighth year of the Reign of the said now King by the said T.C. than his Steward of his said mannor granted the said Tenements with the Appurtenances whereof c. unto the said R. Davyes and Jo then his wife and to the aforesaid John Son of the same R. and I. To have and to hold to them and either of them longer living successively at the will of the Lord according to the custome of the said mannor By pretence of which said Grant the said R. I. and J. were seized of the said Tenements with the appurtenances whereof c. in their demesne as of Freehold at the Will of the Lord according to the custome of the said Mannor and them the said R. J. and I. so thereof being seized the said R. and John afterwards and before the said time in which c. dyed and the said Joane them survived and held her self in in the said Tenements with the Appurtenances and was thereof seized in her demesne as of freehold at the VVill of the Lord according to the custome of the said Mannor by the right of increase and shee the said I. so thereof being seized the same J. before the said time in which c. took to husband the said T.N. by which they the said T. and J. were seized of the said Tenements with the appurtenances in their demesne as of Freehold in the Right of him the said I. at the will of the Lord according to the custome of the said Mannor in manner and forme as the said T. and I. before inpleading have alleadged Custome that any customary Tenant doth abide without the mannor by a year and a day then it shall be lawfull to the Lord of the mannor to seize his customary Tenements And further the said C. saith that in the said mannor it hath and from the time the contrary of which c. it had such custome that is to say that if any customary Tenant or Tenant by copy of Court Roll of the same Court doth abide or inhabit within any other Mannor without this mannor of B. by the space of one year and a day without the license of the Lord or that Mannor that then it shall be lawfull unto the Lord of the said mannor for the time being into all and singular his Lands and Tenements by copy of court Roll of the said mannor in any manner whatsoever demised to re-enter and such Tenant by occasion of the Premises thereof wholly to expell and amove and the same Lands and Tenements to him and his heirs to have again re-enjoy and re-possesse the said custome notwithstanding And the said C. further saith that before the said time in which c. the said mannor with the appurtenances by the Dissolution of the said late Priory came to the hands and possession of the said now King by which the said now King was seized of the said mannor with the appurtenances whereof c. in his demesne as of Fee in the Right of his Crown of England and him the said King so thereof being seized the same late King before the said time in which c. by his Letters Patents here in court offered whose date is at Westminster the twentieth day of Ianuary in the one and thirtieth yeare of his Reigne for diverse causes and considerations him the late King specially moving and out of his certain Knowledge and meer motive did give grant and to Farme-let unto the same C. his Executors and Assignes the said Mannor with the Appurtenances whereof c. to have and to hold unto the same C. his Executors and Assignes from the Feast of Saint Michaell the Arch-angell then next following untill the end and Term of eighty nine yeares then next following and fully to be compleat By vertue of which said giving granting and to Farm-letting the same Charles was of that Mannor with the Appurtenances whereof c. amongst other things possessed And because the said T. and J. do inhabit without the said Mannor of B. that is to say at C. in the said County within the Mannor of C. by the space of one yeare and one day that is to say from the two and twentieth day of Aprill in the fourth yeare of the Reigne of the said now King untill to the foure and twentieth day of Aprill in the fifth yeare of the same Reigne of the said now King then next following against the Custome of the said Mannor the said C. afterward and before the said time of the said
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
satisfaction of the Trespasse aforesaid which said Gallon of Sacke the same J. afterwards to wit the same day and yeare at S. aforesaid gave to the aforesad R. according to the forme and effect of the concord aforesaid And which said Gallon of Sack the same R. of the aforesaid I. in full recompence and satisfaction of the Trespasse aforesaid then and there accepted And this he is ready to aver Whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid against him c. The Plaintiffe replies no such Concord AND the aforesaid R. sayes that he ought not by any thing before pre-alleadged to be debarred from having his action aforesaid against him because he saith that between him the said R. and the aforesaid I. there was not any such agreement had as the aforesaid I. above by pleading hath alleadged And this he prayes may be enquired of by the Country And the aforesaid I. in like manner c. ' Against a Butcher for selling by deceitfull weights London THo Smith complains of H. Vasey for that that is to say whereas the aforesaid Henry such a day and year and by many years then last past was a Butcher and by a great part of that time at London in the Parish c. the art of a Butcher so used and exercised accustomed to kill and dresse both Oxen and Cowes in the best manner behoved his art and the flesh of them by Haverdepoys weight according to the Lawes of this Kingdome of England was wont and accustomed for a great part of the time aforesaid to put to sale and utter to divers of the liege and faithfull subjects of our said Lord the King he the same H. afterwards at divers times to wit between the same such a day c and the fifth day of May then next following at London in the Parish c. three hundred weight of Oxe beefe not being according to the Lawes of England Haverdepoys weight to him the said T. he did falsely and fraudulently put to sale the aforesaid Henry faithfully affirming the weight by which he the said H. the aforesaid three hundred weight of Oxe beefe to him the said T. had sold as aforesaid to be Haverdepoys weight according to the Laws of England to the great deceit of him the said T. Whereupon he saith that he is worsted and hath damage to the value of 10 s. And thereupon he brings his suit c. Justification in Trespasse for a â—â—rriot custome AND the aforesaid I. Randal by I.S. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes he saith he is in no wise thereof guilty And as to the taking and driving away of the aforesaid two Cowes he sayes that the aforesaid A. ought not thereupon to have his action aforesaid against him because he saith that long before the said time of the trespasse aforesaid supposed to be made one N. Dering lately the husband of the aforesaid A. dead was seized in his demesne as of Fee of and in two Tenements whereof one Tenement called A. and the other Tenement called B. lying and being in L. aforesaid in the aforesaid County of Southampton within the Hundred of Odham And that the same N. held the aforesaid Tenements with the appurtenances of the aforesaid Iohn Randal by fealty and a certaine rent by the yeare that is to say the aforesaid Tenement called A. by fealty and the rent of three shillings and four pence and the other Tenement called B. by fealty and the rent of one shilling and six pence And further the same I. R. sayes that within the Hundred of O. aforesaid there is had and time out of mind there hath been had an ancient and laudable custome that is to say that within the Hundred of O. aforesaid every Lord of every Tenant for the time being after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred in manner and forme aforesaid that is to say by fealty and a certaine rent onely should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dying of which the same Tenant died possessed for a Herriot for every such Tenant and the same I.R. in fact saith that the aforesaid N. after and before the said time of the Trespasse aforesaid above supposed to be made to wit the tenth day of December last past before the day of the obtaining of the Bill aforesaid he the said I. R. being thereupon Lord and the aforesaid N. Tenant of him the said I. R. within the aforesaid Hundred at the time of his death being and of the aforesaid two Cowes being possessed at Warblington in the aforesaid County of Southampton of the aforesaid two Tenements dyed in his demesne as of Fee seized after whose the said N. his death by reason of the premises the aforesaid I.R. the aforesaid two Cowes of the best living beasts of the cattell of which the aforesaid N. dyed possessed for and in the name of Herriots according to the aforesaid ancient and laudable custome of right used and due he took and drove away as it was lawfull for him to doe and this he is ready to averre whereupon he prayes judgement whether the aforesaid A. ought to have her action aforesaid against him c. AND the aforesaid A. sayes The Plaintiffe pleads by protestation that as to the taking of one Cow no such custome for pleade son tort Demesne and traverses the plea. that she by any thing before alleadged ought not to be debarred from having her action aforesaid against him the said I. because by protestation that the aforesaid N. in his life time held not of the aforesaid I. the aforesaid two severall Tenements called A. and B. by the services aforesaid as the aforesaid I. above alleadgeth And as to the taking of one Cow of the Cowes aforesaid for a Herriot for the aforesaid Tenement called H. the aforesaid H. by protestation saith that within the Hundred of O. aforesaid there is not had nor time out of minde there hath not been had any such ancient and laudable custome that is to say that the Lord of every Tenant for the time being within the Hundred of O. aforesaid after the death of every Tenant who dyed seized in his demesne as of fee of any Lands Tenements or Hereditaments within the same Hundred should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dead of which the same Tenant dyed possessed for a Herriot for every such Tenant yet for plea the aforesaid A. saies that the aforesaid J. the day and year aforesaid in the Declaration aforesaid above specified of his own proper injury and without such cause by him the said I. above by pleading alleadged the Close of her the said
A. aforesaid at L. aforesaid he did breake and the aforesaid one Cow of the aforesaid Cowes he took and drove away in manner and forme as the same A. above against him complaineth Traverse of the place Without that that the aforesaid Tenement called A. is within the Hundred of O. aforesaid as the aforesaid J. above by pleadings hath alleadged and this c. whereupon for that that the aforesaid J. the taking of one Cow of the aforesaid Cowes taken for a Herriot for the aforesaid Tenement called A. above acknowledgeth the same A. prays judgement and her damages by occasion of the taking and driving away of that Cow to be adjudged unto her c. The Plaintiffe pleads as to the other Cow that the Defendant took the Cow de son toyt demesne and traverses the custom And as to the taking of the other Cow of the aforesaid Cowes for a Herriot for the aforesaid Tenement called B. the aforesaid A. saies that the aforesaid J. of his own proper injury and without such cause by him above by pleading alleadged the aforesaid day and yeare in the Declaration aforesaid above specified the Close of him the said A. aforesaid at L. aforesaid he did breake and the aforesaid other Cow of the Cowes aforesaid he tooke and drove away in manner and forme as the same A. above against him now complaines Traverse of the custome Without that that within the Hundred of O. aforesaid there is had or time out of mind there hath been had any such laudable and ancient Custome Issues upon both Traverses that is to say that the Lord of every Tenant for the time being within the Hundred of O. aforesaid after the death of every Tenant who should dye seized in his Demesne as of fee of any Lands Tenements or Hereditaments within the said Hundred held by fealty and rent should take the best living beast of the cattell of the same Tenant in manner and forme aforesaid dead of which the same Tenant dyed possessed for a Herriot for every such Tenant as the aforesaid I. above by pleading hath alleadged and this c. whereupon for that the aforesaid I. the taking and driving away of the aforesaid other Cow of the Cowes aforesaid above in like manner acknowledgeth for iâ— Herriot for the aforesaid Tenant called B. the same A. in like manner praies judgement and her damages by occasion of the taking of that Cow to be adjudged unto her c. AND the aforesaid I. as to the taking of the aforesaid one Cow of the Cows aforesaid for a Herriot for the aforesaid Tenement called A. taken and driven away as formerly saies that the aforesaid Tenement called A. is within the Hundred of O. aforesaid in manner and form as the same I above by pleading hath alleadged And of this he puts himselfe upon the Country and the aforesaid A. in like manner c. and as to the taking and driving away of the other Cow of the Cowes aforesaid for a Herriot for the aforesaid Tenement called B. the same I. as formerly sayes that within the Hundred of O. aforesaid is had and time out of mind there hath been had any such c. as before in the last Traverse in manner and forme as the same I. above in like manner by pleading hath alleadged and of this in like manner the aforesaid I. puts himselfe upon the Country and the aforesaid A. in like manner c. therefore as well to the trying c. the Jury thereupon is to come c. AND the aforesaid W. and R. by R. D. their Attorney Iustification of cutting of wood for Estators by prescription come and defend the force and injury when c. and as to the coming by force and Armes or whatsoever which is against the peace c. as also the cutting taking and carrying away of a hundred Oakes and two Ashes and 80 Cart-load of under wood of the aforesaid C. Cart-load of under-wood sayes that they are in no wise thereof guilty And of this c. And as to the taking and carrying away of twenty Cart-load of the aforesaid C. Cart-load of under-wood residue as also the whole residue of the Trespasse aforesaid above supposed to be made they the same W. and R. say that the aforesaid E. ought not to have her action aforesaid against them because they say that the Close aforesaid as also the places wherein the Trespasses aforesaid are above supposed to be made and at that same time wherein those Trespasses were supposed to bee made were a certaine Wood called Mylnehop Wood containing in it 60 acres of Wood with the appurtenances in M. aforesaid and that long before the said time wherein c. as also at the same time wherein c. the aforesaid W. was seized of one Messuage and twenty acres of Land with the appurtenances in M. aforesaid in his demesne as of fee and that to the same Messuage and twenty acres of Land with the appurtenances the same W. and all his Ancestors and all they whose estate the same W. now hath and the aforesaid time wherein c. had of and in the aforesaid Messuage and twenty acres of Land with the appurtenances had and from time out of minde were accustomed to have for themselves their Farmers and Tenants of the same Messuage and twenty acres of Land with the appurtenances reasonable Estators in the aforesaid C. acres of Wood for their owne proper necessary fire-boot in the same Messuage of him the said W. to be spent and burnt as unto the same Messuage Fire-booâ— and twenty acres of Land with the appurtenances belonging By which he the same W. in his owne proper right and the aforesaid R. as the servant of him the said W. the same time wherein c. in the aforesaid sixty acres of Wood with the appurtenances did enter And the aforesaid twenty Cart-load of underwood residue c. for the aforesaid necessary fire-boot of him the said W. according to the custome aforesaid in the aforesaid Messuage to be spent and burnt in the aforesaid sixty Acres of Wood with the appurtenances then growing and uncut by using there the common of Estevors of him the said W. they cut downe took and carried away as it was lawfull for them to doe Which said entry into the aforesaid sixty acres of wood with the appurtenances out of the cause aforesaid is the same entring and breaking of the Close aforesaid And which said cutting downe taking and carrying away of the aforesaid twenty Cart-load of underwood residue of and for necessary fireboot aforesaid according to the custome aforesaid in the aforesaid place in which c. as aforesaid cut downe taken and carried away are the same cutting taking and carrying away of the same twenty Cart-load of underwood residue c. whereof the aforesaid E. above against them complaines And this they are ready to aver Whereupon they pray judgement whether the aforesaid E.
ought to have her action aforesaid against them c. AND the aforesaid E. sayes that shee by any thing before alleadged by them the said W. and R. ought not to be debarred from having her action aforesaid against them because by Protestation that the aforesaid sixty acres of wood with the appurtenances are and the aforesaid time of the Trespasse aforesaid made were the sole and freehold of the aforesaid E. Traverse of the Prescription Without that that the aforesaid W. and all they whose estate the same W. now hath and the aforesaid time of the Trespasse aforesaid made had of and in the aforesaid Messuage and twenty acres of Land with the appurtenances have had and time out of minde were accustomed to have for themselves their Farmers and Tenants of the same Messuage and twenty acres of Land with the appurtenances reasonable Estators in the aforesaid sixty acres of wood with the appurtenances for their proper and necessary fireboot in the said Messuage of him the aforesaid W. to be spent and burnt as unto the same Messuage and twenty acres of Land with the appurtenances belonging in manner and forme as the said VV. and R. above by pleading have alleadged And this he is ready to aver VVhereupon for that that the aforesaid VV. and R. the Trespasse aforesaid above acknowledge he prayes judgement and his damages by occasion of that Trespasse to bee adjudged unto him c. Issue taken upon the Traverse of the Prescription AND the aforesaid Prior I.L. and I.F. by VV.C. their Attorney come and defend the force and injury when c. The Defendants all plead not guilty as to the force and armes and one as to the rest And the other justifie by vertue of a Warrant And as to the coming by force and armes not guilty c. And the aforesaid Prior as to the residue of the Trespasse aforesaid sayes that he is in nothing thereof guilty And of this he puts himselfe upon the Country c. And the aforesaid J.L. and J.R. say that the aforesaid J. B. ought not to have his action aforesaid against them because they say that long before the time of the Trespasse aforesaid supposed to be made our Lord the King that now is was seized of the Mannor and Lordship of Leeds in his demesne as of Fee within which said Mannor our Lord the King that now is held his Court called a Court-Baron as in right of his Mannor aforesaid from three weeks to three weeks before his Steward for the time being there to be held And sayes that our Lord the King so being seized by his Letters Patents whose date is the tenth day of October in the seventeenth yeare of his Reigne granted unto the aforesaid Prior and Covent the custody of the Mannor and Lordship of Leeds aforesaid with the appurtenances and the joysting of the Parke there To hold to him and his successours from such a day next to come unto the end of twenty years from thence next following fully to be compleat and ended rendring therefore yearly to our said Lord the King in his Exchequer at the feasts of Easter and St. Michael the Arch-angel by equall portions for the custody and joysting aforesaid 24 l. of lawfull money of England as they before had paid and also sustaining the Closes and Edifices and also supporting all other charges to the same Mannor belonging appertaining so long as they should have the custody and joysting aforesaid By vertue of which said Grant the same Prior and Covent were thereof possessed long before the Trespasse aforesaid supposed to be made and at the day of the Trespasse aforesaid supposed to bee made And they say also further that long before the trespass aforesaid was supposed to be made that is to say such a day and year one J.S. Knight before R.C. then Steward of the same Prior of his Court aforesaid in the same Court brought a certaine plaint against the aforesaid I.B. of a plea of Trespasse by force of which said plaint the same Steward then and there commanded a certaine precept to one VV.R. then Bayliffe of the Mannor aforesaid directed to attach the aforesaid I.B. by his goods and chattels within the Precinct of the same Mannor to appeare before the aforesaid Steward at the next Court there to be held that is to say the second day of September then next following to answer the aforesaid I. S. in his plaint aforesaid by force whereof the same Bayliffe the aforesaid time of the Trespasse aforesaid supposed to be made And the aforesaid I.L. and I.F. as the servants of the same Bayliff and by his command the aforesaid I B. by two Horses and six Oxen aforesaid then in the place in which c. which is within the Precinct of the Mannor aforesaid found they did attach And the same Oxen and Horses then there they impounded and held impounded as it was lawfull for them to do which said taking impounding and detaining of the Cattel aforesaid out of the cause aforesaid are the same Trespasse taking c. of which the same I.B. conceives his action aforesaid c. Which all and singular they are ready to aver Whereupon they pray judgement whether the aforesaid I. B. ought to have his action aforesaid against them c. The Plaintiffe replies that they did it of their proper injury without such a cause AND the aforesaid J.B. sayes that he by any thing before alleadged ought not to be debarred from having his action aforesaid against them because he saith that the aforesaid I. L. and I.F. of their owne proper injury and without such cause by them the aforesaid I.L. and I F. above alleadged with force and armes aforesaid have made in manner and forme as he the said I. B. above against them complaineth And this he prayes may be inquired of by the Country And the aforesaid I. L. and I.F. in like manner c. Issue upon the Traverse AND the said I. M. as before saith That the said Tenements with the appurtenances are and from the time of the memory of man were customary Tenements and Lands and demised and demisable by Copy of Court Roll of the said Mannor in manner and forme as the said I.M. before in pleading hath alleadged And of this hee putteth himselfe upon the Country And the said I. S. in like manner Therefore c. Trespasse upon the Case Midd. ss BOnaventure Ashby Gentleman Declaration in Trover of a reclaymed Falcon Pasch 19. Eliz. Rol. 499. complaines of John Gifford Gentleman in the custody of the Marshall c. for that that is to say whereas the aforesaid B. such a day year and place in the County aforesaid was possessed of a Falcon reclaimed and tamed of the price of 40 l. with two Belles to the value of 12 d. and two Varvils in which the name of the aforesaid B. was inscribed to the value of 5 s. as of his proper goods and chattels
c. whereupon he prayes judgment c. And the aforesaid R.F. sayes that he gave not of his own proper mony to the aforesayd I.P. the aforesaid 6 s. and 8 d. nor any penny thereof nor to the aforesaid T.R. the aforesaid 3 s. and 4 d. nor any penny thereof to speak their verdict for the aforesaid R. M. Defendant in the playnt aforesaid as the aforesaid W.C. above by pleading hath alleadged And of this he puts himselfe upon the Countrey And the aforesaid Plaintiffe in like manner c. AND the aforesaid T.W. by L.D. his Attorney comes and defends the force and injury when c. and all contempt and whatsoever c. And sayes that the aforesaid I. H. ought not to have his Action aforesaid against him because he saith that the aforesaid I. W. the said time wherein c. and long before and after was the servant of him the said T. W. reteyned with him in the service of a Common Labourer at D. in the County of R. And further saith that the aforesaid I. W. for whose part and long before the said time wherein the maintenance aforesaid was supposed to be made at D. aforesayd came unto him the said T.W. and requested him that he in the name of him the said I.W. would ask a certaine man learned in the Law of the Land to be of Counsell with him the said I.W. in the plaint aforesaid And that the said I.W. would well and sufficiently reward him for his labour By virtue of which request the same T.W. the said time wherein the maintenance aforesaid is supposed to be made at W. in the County of Middlesex came unto one W. F. a learned man in the Law of the Land and asked him the said W.F. to be of Counsell with him the said I. W. in the plaint aforesaid and told him the said W.F. that the aforesaid I. W. him the said W. F. would well and sufficiently reward him for his labour Which said comming to the aforesaid W.F. asking and speaking to him the said W. F. out of the Cause aforesaid are the aforesaid maintenance whereof the aforesaid I. H. above complaines And this c. whereupon c. AND the aforesaid I. H. sayes The Plaintife replies be was not his servant that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid I. W. the said time wherein c. was not the Servant of him the said T W. now retained in Service with him the said T.W. as the same T.W. above by pleading hath alleadged and this he prayes may be enquired of by the Countrey and the aforesaid Defendant in like manner therefore Command is given to the Sheriffe that he cause to come before our Lord the King at W. such a day twenty foure as well Knights c. of the Visenage of D. aforesaid by whom c. SVffolk ss T. A. who prosecutes as well for our Lady the Queen is for himself Declaration upon the Statute of mayntenance for buying of a title of Land complaines of John Calfe in the custody of the Marshall c. of a plea that he render to her the sayd Lady the Queen and the aforesaid T. A. two hundred marks for the value of one Messuage and eight Acres of Land Scituate and lying in the fields of C. in the County of Suffolk which to them the said Lady the Queen and the aforesaid T. he owes and unjustly detaines for that that is to say whereas in the Statute in the Parliament of our Lord King Henry the 8th late King of England Father of out Lady the Queen that now is at Westminster in the County of M. the 28th day of Aprill in the 11th yeare of his Raign held and there begun and from thence unto the 23 day of July then next following by diverse proroguings then and there held amongst other things it was enacted that no person or persons of whatsoever state degree or condition soever they should be of who should from thence following bargain buy or sell or by any wayes obtaine gaine or have any right or title of any person or persons in or to any Mannors c. And so recite the Statute untill One Moyetie of the said forfeitures to be to her the said Lady the Queen and the other Moyety to the party who thereupon should prosecute in any of the Courts of our Lady the Queen of Record as in the Statute aforesaid amongst other things more fully is contained yet the aforesaid I. little weighing the Statute aforesaid nor seating the punishment contained in the same the 24 day of June in the 4th yeare of our Lady the Queen one Messuage and eight Acres of Land with the Appurtenances in C. at C. in the County aforesaid of one R.F. by him the sayd I. then and there paid and afterwards to be payed bought obtained and had to him and his Heirs for ever knowing that the same R. F. nor any of his Ancestors had any right or claime to the aforesaid Messuage and eight Acres of Land with the Appurtenances nor were thereupon ever possessed of the same Messuage and eight Acres of Land nor of any reversion or remainder thereof And knowing also that he the same R. F. received not the Rent or profit thereof by the space of one whole year next before the said bargain grant and provision so between them as is aforesaid made Which said Messuage and eight Acres of Land aforesaid with the Appurtenance are worth to be sold two hundred Marks at the least By which the Action accrued to her the said Lady the Queen and to the aforesaid T. A. to require and have of the aforesaid I. the aforesaid two hundred Marks for the value of the Messuage and the aforesaid eight Acres of Land with the Appurtenances yet the aforesaid I. although often required c. the aforesaid two hundred Markes to her the said Lady the Queen nor to the aforesaid T. hitherto he hath not paid but the same to them the said Lady the Queen and to the aforesaid T. hitherto to pay he hath denied and as yâ—t denieth and the same to them the said Lady the Queen and the aforesaid T. as yet unjustly detaineth Whereupon he saith that he is worsted and hath damage to the value of 200 s. And thereupon aswell for our Lady the Queen as for himselfe be brings his Suit c. The Defendant pleads he bought not the Land against the forme of the Statute AND the aforesaid I P. by T.S. his Attorney comes and defends the force injury when c. and all contempt whatsoever c. And by Protestation not acknowledging any thing in the Declaration aforesaid specified to be true for Plea he saith that the same I. bought not obtained or had to him and his Heires of the aforesaid R. F. the aforesaid Messuage and 8 Acres of Land with the Appurtenances against the
take them and as to the residue the propertie in a strange title Replevin 45 Playntiff replyes that the propertie was in himselfe c. title Replevin 46 Plea that the property was in a stranger title Replevin 46 Prescription to take tolle in a Market by a Major of a Burrough title Replevin 55 Propertie of part of the goods pleaded in Barre to an Action of trespas and not guilty to the rest title Trespas 84 Prescription for common for all manner of cattell all times of the year title Trespas 104 Prescription for a foot way to the Church title Trespas 31 Prescription for a Mortuary title Trespas 32 Prescription for a Horse and Foot way leading from one Village to another title Trespas 47 Prescription for cutting of Wood for Estovers title Trespas 69 R. REplevin a Declaration in it see title Replevin 28 Replevin to which some of the Defendants plead that they took not the cattell and the others justifie as servants c. by prescription for Rent arreare title Replevyn 29 Replevyn Declaration in it parcell in the Detinuit and parcell in the Detinet title Replevyn 34 Replevyn Declaration in it for takeing of Hides in a Market title Replevyn 55 Replevyn a Declaration in it for taking of cattell title replevyn 58 Replevyn Declaration in it for takeing of severall cattell in severall places title replevin 68 Replevin where the cattell were taken in one town and were impounded and detained in another title replevyn 70 Replevin for taking and detayning of beasts and chattells title replevin 70 Release pleaded in trespas by the wife of the Playntiff whilst she was sole title Trespas 100 Recognizance entred into in an Audita querela title Audita querela 17 Returne of a Scire facias in an Audita querela title Audita querela 17 S. STate in tayle made by Fine title replevin 42 Statute a Declaration upon the Statute of 1. and 2. of Phillip and Mary for impounding of cattell out of the County title Trespas upon the Case 75 Statute of 1 Edward the 6th for suppressing Chantries and singing pleaded tittle trespas 91 Statute of 8. Henry the 6th of forcible Entries a Declaration upon it title trespas 5 Iustification pleaded in Barre to the Statute by vertue of a certaine Demise and issue thereupon title trespas 7 Sole Seisure pleaded and a traverse of the tenure in common title Abatement 2 Scire facias awarded in an Audita querela title Audita querela 17 Statute of Mayntenance Declaration in it title Statute of Mayntenance 90 Vpon the Statute of Mayntenance a Justification especiall because of consanguinity title Statute of Mayntenance 95 Vpon the Statute of Mayntenance one Defendant pleads not guilty and the other justifies especially title Statute of Mayntenance 91 Vpon the Statute of Mayntenance Justification pleaded as a Counsellor title Statute of Mayntenance 93 Vpon the Statute of Mayntenance Justification pleaded by vertue of a Warrant of Attorney title Statute of Mayntenance 94 Vpon the Statute of Mayntenance Justification as a servant especially pleaded title Statute of Maintenance 96 Satute of Mayntenance a Declaration in it for buying a title questioned title Statute of Maintenance 97 Statute of Mayntenance a Declaration in it where the Defendant took promise to have parcell of the Land title Statute of Mayntenance 98 Statute of Scandalum magnatum a Declaration upon it title Statute of Mayntenance 101 Statute of 23. Henry the 6th a Declaration upon it title Statute of Maintenance 101 T. TRaverse of a misnomer in the Addition to a name and issue up-it in the title Abatement 3 Traverse of a misnomer in the Sirname title Abatement 3 Traverse of a tenure title Replevin 34 Traverse of Desseisin title replevin 37 Traverse of a prescription title Replevin 39 Traverse of disseisin and issue upon it title replevin 48 Traverse of a prescription to be free from paying of tolle title replevin 57 Traverse of a Custome of Eâ—closuâ—e and issue thereupon title replevin 68 Trespas IN trespas the Defendant justifies as tenant to the Plaintiff by Copie of Court Roll title Trespas 84 In trespas the Plaintiff confesseth the Defendant to be his tenant by Copy of Court Rolle but that he hath forfeited his Estate for wast title Trespas 85 In trespas the Defendant justifies by vertue of a Custome of a Mannor giving liberty to cut down trees upon their free-hold title Trespas 86 Traverse of the prescription and Custome and issue upon it in title Trespas 87 88 In trespas justification as servant by vertue of a certain Demise title Trespas 89 Traverse of a Demise and issue thereupon title Trespas 93 In trespas Justification as servant of one who had the freehold title Trespas 93 Traverse of land being parcell of a Mannor c. and issue thereupon title Trespas 94 In trespas Justification as Lessor of one of the Coheirs in Gavelkinde title Trespas 95 Trespas a Declaration against two who plead severally title Trespas 104 In trespas Justification by prescription for Common title Trespas 104 Traverse of a Prescription of Common and issue thereupon title Trespas 106 Trespasse for taking and leading away a Horse title Trespasse 107 The Defendant pleades that the property of the Horse was in him till such time as he was stole and that finding of him hee tooke him title Trespasse 107 In trespasse the Defendant justifies for that the tenements were Customary Lands title Trespasse 109 Trespasse and false Imprisonment title Trespass 111 Trespasse with a Continuando title Trespass 112 In trespasse Justification for that the tenements were customary lands c. title Trespass A. 1 To the Justification the Plaintiffe pleads in Bar a custome that if any customary tenant doth abide out of the Mannor for a yeare and a day then it shall be lawfull for the Lord of the Mannor to seize his customary Lands title Trespass 3 In trespasse justification as damage feasant by vertue of a Demise title Trespasse 9 Justification in trespasse for that the Lands in which c. were Gavelkinde title Trespasse 12 In trespasse the Defendant justifies as servant to another the Cattell doing damage title Trespasse 15 In trespasse the Defendant justifies by vertue of a Demise made by the Master and Fellowes of a Colledge title Trespasse 17 In trespasse a justification by a prescription for a Procession way in another place then in the Declaration with a traverse of the place and issue upon it title Trespas 25 In trespasse justification for a Custome of a Herriot title Trespas 26 Plea in bar to the justification that the Lands were not held by such or so many services and that he did the trespasse De injuria sua propria and traverse the Custome issue upon the Herriot Custome title Trespasse 27 In trespasse some of the Defendants plead not guilty and others justifie for that that the place in which c. is the Kings high way title Trespass 28 The Plaintiff replies that they did the trespass