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
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
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.
so being seized the same R. of such his Estate before the said time in which c. dyed thereof seized after the death of which said R. the said Tenements with th' appurtenances descended unto one Matild as Daughter and Heir of the said R. by which the same Matild into the same Tenements with th' appurtenances entred and was thereof seized in her Demesn as of Fee according to the Custom of the said Mannor and so thereof seized the same Matild before the said time in which c. took to Husband the said I. M. by which they the said I. and Matilda were of the same Tenements with th' appurtenances seized in their Demesn as of Fee according to the Custom of the said Mannor Colour by demise by Copy of Court-Roll in the right of the said M. And the said I. S. claiming the said Tenements with th' appurtenances by Colour of a certain Deed of Demise to him thereof made by the said late Earl in his life long before the said Demise of the said Tenements with th' appurtenances unto the aforesaid R. M. in form aforesaid made where nothing of the said Tenements into the possession of him the said I. S. by that Deed ever passed into the said Tenements with th' appurtenances entred Upon the possession of which said I. S. the same I. M. in the right of the said M. his Wife afterwards that is to say at the same time in which c. into the said Tenements with th' appurtenances re-entred and the said Close and House as the proper Close and House of them the said I. M. and M. did break and the said Grass as the proper Grass of the said I.M. and M. with the said Cattell did eat up tread and consume as to him it was lawfull The form of Pleading where Land is granted by Copy of Court-Roll to him and his And further the same I. M. saith in fact that within the said Mannor it hath and from the time the Contrary of which the memory c. it had such Custom that is to say that all Tenants of any Lands and Tenements within the said Mannor having and holding the same Lands or Tenements as of the said Mannor by Copy of Court-Roll by these words in the same Copies that is to say To have to him and his according to the Custom of the said Mannor they shall have an estate in the same Lands and Tenements with th' appurtenances in Fee-Simple according to the Custom of the said Mannor And this c. And whereupon c. And the said I. S. saith that he by any matter c. not to be precluded because he saith that well and true it is that the said late Earl of Ormond was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and so thereof dyed seized after the death of which said Earl the said Tenements with th' appurtenances Discent descended unto the aforesaid I. S. as to the Cosin and Heir of the said late Earl that is to say as Son and Heir of George as Son and Heir of Anne Daughter and Heir of the said Earl by which the said I. S. before the said time of the said Trespass done into the said Mannor with th' appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee untill the said I. M. at the said time in which c. into the said Tenements with th' appurtenances entred and the said Close and House then and there did break and the said grass then and there growing with the said Cattell did eat up tread and consume in manner and form as the said I. S. before Without this himself now Complaineth Without this that the said Tenement with th' appurtenances are and from the time the contrary of which the memory of man doth not remain were Customary Lands and Tenements and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in pleading hath alleged And this c. Whereupon from what the said I. M. of the said Trespass before acknowledgeth prayeth Judgement and his Damages by occasion of the said Trespass to be adjudged unto him c. And the said I. M. as before saith that the said Tenements with th' appurtenances are and from the time the Contrary of which the memory of men doth not remain were Customary Tenements and Lands and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in Pleading hath alleged And of this he putteth himself upon the Countrey And the said I. S. likewise c. Therefore c. I. I. lately of c. and B. P. lately of Declaration in Trespass and false imprisonment c. were attached to answer W. N. of a Plea wherefore by force and arms him the said W. at London they took imprisoned and evill handled and him there so in prison against the Law and Custome of the Realm of our Lady the Queen that now is they long deteyned and other harms to him they did to the great Damage of him the said W. and against the Peace of our Lady the Queen c. And whereupon the same W. by I. W. his Attorney complaines that the aforesaid I. and B. such a day and year by force and arms that is to say with Clubs and Knives him the said W. at London c. they took imprisoned and evill handled And him there in Prison against the Law and Custom of the Realm of our Lady the Queen that now is they long that is to say for the space of thirty dayes they deteined And other harms c. To the great Damage c. And against the Peace c. Whereupon he saith he is worsted and hath Damage to the value of 300. pounds And thereupon he brings his Sute c. To this Declaration above the Defendants plead specially the Charter of the Universitie and that they were Proctors And that the Plaintif was fined for ingrossing and forestalling c. And this in the Chancellours Court in Cambridge and so justifie the taking of him for the Fine and to this the Plaintif Demurs and the Defendants joyn in Demurrer At which day here came aswell the aforesaid W. as the aforesaid I and B. by their Attorneys aforesaid The Demurrer adjudged good and a Writ of Enquirie of Damage awarded And upon this the aforesaid Plea of the aforesaid I. and B. above in Bar pleaded being seen and by the Justices here fully understood it seems to the same Justices here that that Plea in the manner and form aforesaid pleaded and the matter conteined in the same is insufficient in the Law to debar him the said W. from having his Action aforesaid against the aforesaid I. and B. For which the aforesaid Plaintif ought to recover his Damages by occasion of the Trespass aforesaid against the aforesaid
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
Marsh called forty acres is in Seasalton aforesaid and not in the parish of H. by protestation also that the aforesaid E. was not seized of the aforesaid forty acres of Marsh nor demised them to him the said Prior in form aforesaid and not acknowledging any thing by the said T. A. R. and which is above alledged to be true For plea saith that the said T. A. R. and others are guilty of the Trespasse aforesaid in Seasalton aforesaid in the form wherein he the same Prior above against them complaineth and this he praies may be enquired of by the Country and the aforesaid T. A. R. and others in like manner c. ANd the aforesaid W.T. and T.C. by W.R. their Attorney come and defend the force and injury when c. Justification in Trespasse for a â—erriot Custome And as to the coming by force and armes c. or whatsoever c. not guilty And as to the taking of the Oxe aforesaid they the said W. and T. say that the aforesaid Administrator ought not to have his Action aforesaid against them Because they say that long before the aforesaid time wherein the aforesaid I. the Testator c. was seized of twenty acres of Lands with the appurtenances in B. aforesaid in his demesne as of Fee And being so thereof seized held the same twenty acres of Land with the appurtenances of Thomas Bishop of London as of his Mannor of Boughton Aylusse in the County aforesaid by fealty and rent of 12 d. by the year that is to say at the Feast of St. Andrew the Apostle 3 d. thereof and at the feasts c. 3 d. thereof residue by equall portions yearly to be paid And by the service of doing Suit to the Court of the said Bishop of his Mannor aforesaid from three weekes to three weekes at Boughton A. aforesaid to be held and by the service of rendring after the death of each Tenant dying thereof seized and after each alienation of the same twenty acres of Land in fee made by way of releife three pence one farthing and the third part of one farthing And by the service of rendring to the aforesaid Bishop after the death of each Tenant dying of the aforesaid twenty acres of Land seized the best living beast of the same Tenants at the time of his death in the name of a Herriot of which said services the same Bishop was seized by the hands of the aforesaid Testator as by the hands of his true Tenant and otherwise thus That the aforesaid Bishop and all his Ancestors and all they whose estate the same Bishop hath in the aforesaid Mannor of B A. with the appurtenances have had and time out of minde were accustomed to have of all and all manner of Tenants of the Mannor aforesaid and of each Tenant of the same Mannor whose Lands or Tenements of the Lord of the Mannor aforesaid as of the same Mannor holdeth and these Lands or Tenements or any parcell thereof so held he alienateth to any person or persons in fee notice thereupon in the life time of him who alienateth those Lands or Tenements by them or by him to which or to whom such Lands or Tenements should be sold to the Lords of the said Mannor for the time being being not given or made after the death of such Tenant so alienating the best living beast which was his the said Tenants so alienating at the time of his death by the name of a customary Herriot And the aforesaid W. and I. say that the aforesaid I.S. the Testator c. was seized of the aforesaid twenty acres of land with the appurtenances in his demesne as of Fee and being so thereof seized enfeoffed T.S. and I.S. of the same twenty acres of Lands with the appurtenances of the aforesaid Bishop in forme aforesaid then being held to hold to them their heirs and assigns for ever By vertue of which said Feoffment they the said T.S. and I.S. were thereof seized in their demesne as of Fee and the aforesaid J.S. the Testator afterwards dyed No notice by the same T.S. and I.S. or either of them of that Feoffement to the aforesaid Bishop at the time of the said Feoffement then as yet being Lord of the Mannor in the life of the aforesaid J.S. the Testator being given or made and the aforesaid W. and T. further say that the aforesaid I. S. the Testator at the time of his death was possessed of the Oxe aforesaid as of his proper Oxe which then was his best living beast at the time of his death By means whereof they the said W. and T. as the servants of the same Bishop and by his command the aforesaid time wherein the Trespasse aforesaid was supposed to be made The Oxe aforesaid as the best living Beast which was the aforesaid I.S. the Testator at the time of his death in the custody of the aforesaid Administrators at B. A. aforesaid there found in the name of a customary Herriot they took and led away as it was lawfull for them to doe And this c. whereupon c. AND the aforesaid I.T.S. and I. Administrators c. say The Plaintiffe sayes by Protestation that the Lands were 〈◊〉 held by such or so many services put c. for Plea that they did the Trespasse de injuria propria and traverse the custome that they levy any thing c. ought not to be debarred from having their action aforesaid against them because by Protestation that the aforesaid twenty acres of Lands are not sold of the aforesaid Bishop by such nor so many services as the aforesaid W. and T. above have alleadged for Plea they say that the aforesaid W. and T. the day and year aforesaid by force and armes of their proper injury the Oxe aforesaid out of the possession of the Administrators aforesaid at B. aforesaid found they tooke and led away as the same I. T. S. and I. above against them complaine without that that the aforesaid Bishop and his Ancestors and all they whose estates the same Bishop hath in the aforesaid Mannor with the appurtenances were and from the whole time aforesaid were used and accustomed of all and all manner of the Tenants and of every Tenant of the Mannor aforesaid who holds Lands or Tenements of the Lord of the Mannor aforesaid as of the same Mannor And those Lands or Tenements or any parcell thereof so held shall have sold to any person or persons in Fee notice thereof in the life of him who shall so have alienated those Lands and Tenements by him or them to which or to whom these Tenements shall be sold unto the Lord of the same Mannor for the time being not being given or made after the death of the Tenant so alienating the best living beast which was of his the said Tenants so alienating at the time of his death in the name of a customary Herriot as the aforesaid W. and T. above hath
alleadged And this c. Whereupon for that the same VV. and T.C. the taking of the Oxe aforesaid above acknowledge they pray judgement and their damages upon that occasion to be adjudged unto them c. Issue upon the Herriot custome AND the aforesaid W. and T. say that the aforesaid Bishop and all his Ancestors and all they whose estates he the said Bishop hath in the Mannor aforesaid with the Appurtenances hath had and from the whole time aforesaid were used and accustomed to have of all and all manner of Tenants of every Tenant of the Mannor aforesaid who held Lands or Tenements from the Lord of the Mannor c. as of the same Mannor and doe alien those lands and Tenement or any parcel thereof to any person or persons in Fee Notice thereof in the life time of him who shall so sell those Lands or Tenements by them or by him to which or to whom those Tenements shall be sold to the Lord of the same Mannor for the time being not being given and made after the death of such Tenant so alienating the best living beast which was his the said Tenant so alienating at the time of his death in the name of a customary Herriot as the same W. and T. above have alleadged And of this they put themselves upon the Country c. AND the aforesaid R.J. A.E. J.C. and R.L. by R. G. their Attorney come and defend the force and injury Some of the Defendants plead not guilty and others justifie for that the place in which c. is the Kings highway Trin. 16. Hen. 7. Rol. 35. whom c. And the aforesaid R.I. A.E. and R. say that they are in nothing guilty c. And of this c. And the aforesaid Plaintiffe in like manner c. And the aforesaid J.C. as to the comming with force and Armes c. as also the whole trespasse aforesaid besides the breaking of the Close aforesaid saith that he is in nothing guilty c. And as to the Trespasse aforesaid of breaking the Close aforesaid supposed to be done the same I.C. saies that the aforesaid Plaintiffe ought not to have his action aforesaid against him because he sayes that the place in which the Trespasse aforesaid is supposed to be made is and at the time wherein c. was seven Acres of Land called Otefield-brook with the Appurtenances in W. aforesaid whereof the said I. C. at the time of the Trespasse aforesaid supposed to be made and long before the said time was seized in his Demesne as of Fee Over which said seven Acres of Land with the Appurtenances is and from time out of minde was the Kings common high-way tending and leading from the Kings way there called the Ashford high-way unto the Village of Adelsford in the County aforesaid containing in breadth eight foot that is to say as well for horsemen as for foot-men there by the same way willing to ride or journey And further he the same I.C. saies that he the aforesaid time wherein c. did ride and travell from the aforesaid Kings way called Ashford high-way unto the village of A. aforesaid over the aforesaid seven Acres of Land using that high-way of the Kings there as it was lawfull for him to do which said riding by that high-way of the Kings over the aforesaid seven Acres of land is the same breach of the Close whereof the aforesaid I. C. above complaines c. And this c. whereupon he prayes judgement whether the action c. And the aforesaid Plaintiffe sayes that he ought not to be debarred from having his action aforesaid against the aforesaid I. C. because hee saith that the foresaid I. C. together with c. the day and yeer aforesaid by Force and Armes aforesaid of his proper injury the Close aforesaid in the aforesaid seven Acres of land did breake and also his grasse upon the same seven Acres of Land then growing with the cattell aforesaid did eat up tread down and consume in manner and forme as the same I. C. above now complaineth VVithout that that there is The Traverse or from the aforesaid time out of minde c. there was a common Kings high way tending and leading from the Kings high-way there called Ashford high-way unto the village of Adelsford as well for horsemen as for footmen over the aforesaid seven Acres of Land in manner and forme as the aforesaid I. C. above by pleading hath alleadged And this c. VVhereupon for that the same I. C. the Trespasse aforesaid of breaking the Close aforesaid above acknowledgeth he prayes judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid I.C. as formerly saith that there is Issue upon the Traverse and from the said time out of minde c. there was a common Kings high-way tending and leading from the aforesaid high-way called Adelsford high-way unto the village of Adelsford aforesaid as well for horse-men as for footmen over the aforesaid seven acres of Land with the appurtenances in manner and forme as the aforesaid I. C. above by pleading hath alleadged And of this hee puts himselfe upon the Country and the aforesaid Plaintiffe in like manner c. The Defendants plead that a stranger was seized c. And Enfeoffed certaine c. And justifie the Trespasse as servants to the Feoffees Paschae 19. Hen. 7. Rol. 60. AND the aforesaid T. and VV.B. by T.S. their Attorney come and defend the force and injury when c. And as to the coming by force and armes or whatsoever c. not guilty And as to the residue of the Trespasse aforesaid supposed to be done the same T.A. and VV. say that the aforesaid T.R. ought not to have his action aforesaid against them because they say that the place in which the Trespasse aforesaid is supposed to be done is and the aforesaid time wherein c. was one Garden three Crofts of Land containing twelve acres of Land and one Pagholl in L. aforesaid whereof one E.B. long before the said time wherein c. was seized in his demesne as of Fee And so being thereof seized by his certaine Deed indented long before the said time enfeoffed F.A. and I.R. to have and to hold to them and their heires for ever By vertue of which said Feoffement they the said R. and I. long before the aforesaid time Colour by Feoffement wherein c. were thereof seized in their demesne as of Fee And the aforesaid T.R. claiming the Tenements aforesaid with the appurtenances by colour of of a certaine demise to him thereupon made for terme of his life by the aforesaid Edmond long before the aforesaid Feoffement to them the said F. and I. made where nothing of the aforesaid Tenements with the appurtenances into the possession of him the said T.B. by that Deed ever passed into the same Tenements with the appurtenances long before the said time of the
ACTIONS OF PROHIBITION PROHIBITION ss MEmorandum England Suggestion where the Suggestor affirmeth the Tenement whereof the Tithes are required to be held parcel of a Priory that the Tuesday next after the Month of Easter in that same Term before the Queen at Westminster cometh W. C. in his proper person and giveth unto the said Queen here to be understood that whereas M.W. late Prioresse of the late Priorship of P. in the County of W. was of late seized of and in the same late Priorship of and in one Orchard one Close called the Barn-yard containing by estimation half an acre of Meadow and Pasture of one Close and Meadow called Mott Meadow conteining by estimation sixteen acres of Pasture in P. in the said County unto the same late Priory lately belonging and apperteining and parcell of the possessions thereof and from the time of which the Memory of men is not to the contrary untill the time of the Dissolution or suppression of the said late Priory and also at the time of the dissolution or suppression of the same for himself his Farmers or Tenants thereof for the time being amongst other things they had held and occupied discharged of and from the payment of any Tythe of Hay of in or upon those Tenements with th' appurtenances or any parcell thereof yearly in whatsoever manner by the whole time aforesaid growing renewing comming forth or happening and the said late Prioresse of the said late Priory and of the sayd Tenements with th' appurtenances so as it is beforesaid from the payment of the Tythe of Hay thereupon growing renewing or taken being seized discharged the said late Priory and all the Lands Tenements and Hereditaments unto the same late Priory lately belonging whereupon c. by force of a Statute in Parliament at Westminster in the County of Middlesex in the 27th year of the Reign of H. 8. Statute of â—7 year of H. 8. for suppression of land belonging unto religious houses late King of England held published were suppressed or dissolved and to the hands of the same late King by virtue of that suppression came by virtue of which the said late King was seized of and in the said late Priory and the said Tenements called M. Meadow and R. Close in his Demesn as of Fee in right of his Crown of England And whereas in the Statute in Parliament of the said late King H. 8. Statute of 31. year of H. 8. for the discharge of their land for the payment 〈◊〉 Tithes c. held at VVestminster aforesaid the 28. day of April in the year of his Reign the 31th amongst other things It was firmly Ordeined that as well the said late King his Heirs and Successors as all and singular other Persons their Heirs and Assigns who then had or from thenceforth afterwards should have any Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Ecclesiasticall houses or places Sites Circuits and Precincts of them or any of them or any Mannors Rectories Appropriations Tythes Pensions Portions or any Hereditaments whatsoever which before then did belong or appertein or which then did belong or appertein unto the said Abbeys Monasteries Priories Nunneries Colleges Hospitalls Fryer houses or other Religious and Ecclesiasticall houses or places or unto any of them they should have hold reteyn keep and enjoy aswell the said Rectories Appropriations Tythes Pentions Porsions as the said Monasteries Abbeys Priories Nunneries Colleges Fryer houses and other Religious and Ecclesiasticall houses Sites Circuits and Precincts Mannors Messuages Lands Tenements and other Hereditaments whatsoever and all of them according to their estates and every of their Titles discharged and acquitted from the payment of Tythes so freely and in as ample manner and form as the said late Abbots Priors Nuns Prioresse and Ecclesiasticall Governours or Governesses or of any of them they should have hold occupy possesse use or enjoy the same or any parcell thereof at the dayes of their dissolution suppression dissertion forfeiture Surrender or comming to the hands of the said late King of such Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Religious houses or places or at the day of Dissolution Surrender or be comming to the hands of the said Late King of any of them by the said Act or any thing in the same conteined to the contrary thereof notwithstanding by force of which said Statute or by pretence of the rest of the Premisses the said late King H. 8. held the said Premisses with the appurtenance called M. Meadow and R. Close by himself his Farmees and Tenants thereof had and held discharged from the payment of the Tyth of Hay of in and upon the same tenements with th'appurtenance or any parcell thereof yearly in whatsoever manner growing renewing comming or happening and so thereof being seized the said late King afterwards that is to say _____ day _____ in the year of his Reign _____ at Westminster in the County of Middlesex by his Letters Patents sealed with his great Seal of England and in due manner executed bearing date the same day and year gave and granted the said Tenements with th' appurtenances called M. Meadow and R. Close with th'appurtenance unto the aforesaid W.C. To have to him and his Heirs for ever To hold of the same late King as of _____ by pretence of which said Letters Patents the said W.C. into the said tenements called M. Meadow and R. Close with th'appurtnance entred and was thereof seised in his Demesn as of Fee and so thereof being seized the same tenements with th' appurtenances by himself his Farmers or Tenants had and held discharged from the payment of any Tyth of Hay of in or upon the said Tenements called M. Mead and R. Close or any parcell thereof yearly in whatsoever manner growing renewing comming or happening by pretence of the said Act and of the rest of the Premisses And whereas also in the Statute in Parliament of the said late King H. 8. Statute 31. H. 8. that no person should be sued or constrained to pay Tythes where c. The like Statute of the second year of Edw. the 6th held at Westminster aforesaid in the 31. year abovesaid It was enacted that no person nor persons should be sued or constrained to render give or pay any Tythes for any Mannors Lands Tenements or Hereditaments which by the Laws and Statutes of this Kingdom of England or by any Privilege or prescription were not chargeable with the payment of Tythes And further whereas in the Statute of the late King Edw. the 6th in the second year of his Reign amongst other things firmly it remaineth that no person should sue or otherwise Compell to render give or pay Tyths for any Mannors Lands Tenements or Hereditaments which by the Lawes and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tythes of Hay thereupon growing taken
his Reign amongst other things it was ordained and firmly remaineth that aswell the said late King his Heirs and Successors as all and singular such person and persons their Heirs and Assigns who then had or from thence afterwards should have any Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses or other Ecclesiasticall houses or places Sites Circuits and Precincts of them or any of them or any Mannors Messuages Rectories appropriate Tythes Pensions Portions or other Hereditaments whatsoever they should be which belonged or appertained or which then that is to say at the time of the publishing of that Statute did belong or appertain unto the said Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryers houses or other Religious and Ecclesiasticall houses or places or unto any of them they should have hold retein keep and enjoy aswell the said Rectories appropriate Tythes Pensions and Portions as the said Monasteries Abbeys Priories Nunneries Colleges Hospitalls Fryer houses and other Religious and Ecclesiasticall houses and places Sites Circuits Precincts Mannors Messuages Lands Tenements and other Hereditaments whatsoever they should be and every of them according to their Estates and Titles discharged and acquitted from the payment of Tithes as freely and in as large and ample manner as the said late Abbots Priors Abbesses Prioresses and other Ecclesiasticall Governours and Governesses or any of them had held occupied possessed used reteined or enjoyed the same or any parcell thereof at the dayes of their dissolution suppression renouncing dissertion forfeiture giving up or comming to the Highness of the late King of such Monasteries Abbeys Priories Nunneries Hospitalls Friers houses or other Religious or Ecclesiasticall houses or places or at the day of dissolution suppression renuntiation desertion giving up or comming to the hands of the said late King of any of them by the said Act or any thing in the same conteined to the contrary thereof notwithstanding as by the said Statute among other things more fully it doth and may appear Giving up of the Abbey land by the Abbot unto the King The foresaid late Abbot as well of the said Rectory as of the said Tenements with th' appurtenances called the Demesns from the payment of the said tithes was discharged as afore is said in form aforesaid being seized the said late Abbot the 28. day of January in the said 31. year of the Reign of the said late King H. 8. at Westminster aforesaid by the assent of the said late Monastery then called together by his certain Writing then sealed with the Conventuall Seal of the said late Monasterie and in the Chancery Court of the said late King at Westminster aforesaid then held and being and in due manner inrolled of Record bearing date the same day and year gave granted and gave up unto the said late King H. 8. the said late Monastery and also the said Rectory and the said Tenements called the Demesns with th' appurtenances amongst ather things To have and to hold unto the said late King his Heirs and Successors amongst other things for ever by virtue of which and by force of the said Statute the said late King H. 8. was of that Mannor Rectory and Tenements with th' appurtenances amongst other things seized in his Demesn as of Fee in the right of his Crown of England and so thereof being seized the said Tenements with th' appurtenances called the Demesns and every parcell thereof held and enjoyed and ought to hold and enjoy discharged and acquitted from the payment of any Tithes aforesaid above in this behalf recited of in or upon the said Tenements with th' appurtenances called the Demesns and every or any parcell thereof yearly in manner and form aforesaid above in this behalf alleged in any manner growing happening sheering milking or renewing by pretence of the said Act of the rest of the premisses and the foresaid late King of the same Tenements with th'appurtenance called the Demesns from the payment of the said Tithes in that manner aforesaid discharged in form aforesaid being seized the said late King Intailment made by Letters Patents of the King the 20th day of April in the 34th year of his Reign at Westminster aforesaid by his Letters Patents sealed with his great Seal of England and in due manner made and to the Court of the said now Queen here proffered bearing date the same day and year gave and granted the said Tenements with th'appurtnances called the Demesns unto one E.R. Knight and unto the Lady V. then his Wife To have and to hold to them the said E. and V Form of pleading of a Deed in the tayl and the Heirs males of the body of him the said E. lawfully begotten and for default of such issue the Remainder thereof unto one F. R. Esquire brother of the said E. and to the Heirs males of the body of him the said E. lawfully begotten and for default of such issue the Remainder thereof unto the right Heirs of one R. R. Knight then deceased late Father of the said E. for ever To hold of the said late King his Heirs and Successors in Chief by the Tenth part of one Knights fee As by those Letters Patents amongst other things more plainly it doth and may appear By pretence of which said Letters Patents they the said E. and V. into the same Tenements with th' appurtenances called the Demesns entred and were thereof seized that is to say the said E. in his Demesn as of Fee tayl in form aforesaid and the said V. in her Demesn as of Free-hold for term of her life the Remainder thereof as aforesaid is remaining and the said E. and V. of the same Tenements with th' appurtenances called the Demesns in that manner afore-spoken of being seized they the said E. and V. the same Tenements with th'appurtnances likewise held and enjoyed of and from the payment of the said Tithes before in this behalf alleged in whatsoever manner growing happening sheering milking or renewing By right of increase altogether discharged by pretence of the said Act and of the rest of the Premisses and so thereof being seized the said E. afterwards at B. with N. aforesaid dyed without Issue male of his body lawfully begotten and the said V. him survived and held her self in into the said Tenemenes with th'appurtences called the Demesns and was thereof solely seized in her Demesn as of Freehold for term of her life the remainder thereof in form aforesaid being And the said V. of the same Tenements with th' appurtenances in that manner afore spoken Note whensoever any doth allege land to be discharged from the paying of Tithes and the same land was conveyed from the King to divers persons the Plaintif in Prohibition ought to allege the same lands to be held and discharged by whatsoever persons using the same lands being seized She the said V. likewise held and enjoyed the said Tenements with th' appurtenances altogether discharged of and from the
deliver ss W Burton of L. Chaplain and B.W. were summoned to answer unto I.I. of a Plea wherefore they took the Cattel of him the said I.I. and them unjustly detained against the sureties and pledges c. And whereupon the said I. I. by I. C. his Attorney complaineth that the said W. and B. the day c. in the year c. In the Town of H. in a certain place called they took four score sheep of him the said Iohn and seaventy sheep thereof they unjustly detained untill c. And ten sheep residue thereof of the price of twenty shilling as yet unjustly detain against the sureties and pledges c. Whereupon he saith that he is the worse And hath dammage to the Value of twenty pound And thereupon he bringeth his Sute c. And prayeth that the said W. and B. may secure the delivery of the said Ten sheep unto him c. Defendant acknowledgeth the taking of the sheep as bailiffes of the Dean and Chapter c. of Lincoln with which the Dean and Chapter c. one annuall Rent of the burthen of a certain Mannor whereof the place is parcell thereout going was granted and liberty for not payment thereof to distrain c. And as to the rest of the sheep c. the defendant saith that the Plaintif hath deliverance there upon in the Countrey ss AND they the said W.B. and B.W. by T.S. his Attorney cometh and defendeth the force and injury when c. And as Bayliffes of I. M. Dean c. Doth well acknowledg the taking of the said sheep in the said place in which c. And justly c. Because he saith that one R. S. knight son and heir of the Lord R. of S. in the County of L. was lately seised of the Mannors of H. and B. with th' appurtenances whereof the said place in which c. is parcell in his demesn as of fee and so thereof seized by his certain writing indented whose other part is signed with the Seal of him the said R. they the said W. and B. profer here in Court the date of which is at L the second day of June in the fourth year of the reign of the Lord the now King gave and granted and by his said Writing indented confirmed unto J. S. then Dean of the Church c. By the names of Dean and Chapter of the Cathedrall Church of the blessed Mary of Lincoln and his Successors forever to the use and augmentation of the Support of five Chaplains of one Church and six singing boyes for the * Justification for the burthen of Rent Souls of the most illustrious Prince Lord Edward the third late King of England deseased and B. and the Souls of his Predecessors and of all the faithfull in the Chapell of St. Katherine founded in the Church aforesaid and also to the Aid of Sustentation of one Chaplain divine services for the said Souls and for the Soul of B. is to be celebrated by them the said five Chaplains and their Successors of a new Maintenance by Licence of the said Lord King Richard late had and obtained by the Chapter of him the said king dated at Westminster the 23. day of February in the aforesaid twentyth year of his Reign one yearly perpetuall Rent of twenty marks to be perceived yearly of all and singular his Mannors or Cattel Lands and tenements with th' appurtenances in H. to be paid unto them the said late Dean and Chapter and their Successors every year forever at two terms of the year that is to say at the feasts of Easter and St Michael th'arch-Angell by equall portions in the Court Chamber of the said Cathedrall Church At which said payment of the said perpetuall Rent of twenty mark unto the said late Dean and Chapter and at the said feasts faithfully as it was preadvised to be done obliged all and singular the said Mannors by the name of all and singular the said Mannors or Lordships lands and tenements of H. and B. with th' appurtenances in whosoevers hands they should be or come from thenceforth to come that if the said perpetuall annuall Rent of twenty marks should be behind in part or in all after any Term before assigned for the payment whereof then it should be lawfull for the said late Dean and Chapter Claim of distress for the Rent Charge and their Successors in all and singular the Mannors Lordships lands and tenements of him the said R. aforesaid with th' appurtenances in whatsoever hands they should come from thence in future for the said yearly Rent and the Arrearages thereof if any should be and the distresses taken to drive or carry lead away impound and retain aswell within the County as without wheresoever it should please the said Dean and Chapter and their Successors untill themselves of the said perpetuall yearly Rent together with all and singular the Arrearages of the same and the dammages which they should sustain and expend which they should lay out by reason of the not payment of the said continuall annuall Rent at the said Terms should be fully satisfyed By vertue of which gift and Grant of the said I. S. late Dean of the said Cathedrall Church chief of the same were late seized of the said Rent of twenty marks by the hands of the said R. S. then tenant of the said Mannor and tenements and because the said Rent unto them the said Dean and Chapter of the said Church Command to the Sheriff to deliver the Cattel whereupon the Plaintif desireth Security and the Defendant saith that he hath the deliverance in the Country A special Writ shall issue unto the Sheriff to deliver them c. Plaintif saith that he hath nothing in the Tenements unless a certain Demise unto him by one W. J. made and the Freehold and Fee thereof in the person of the said W. J. being and prayeth of the same W. aid and hath c. Prayer of Aid Summons in Aid by one year next before the day of the said taking was in arrear unpaid they the said W. and B. as Bailiffs of the said Dean and Chapter for 20. Marks of the said annuall Rent so being behind they doe lawfully acknowledge the taking of the said Sheep in the said place in which c. as in parcell of the said Mannors of the said now Dean and Chapter of the yearly Rent in form aforesaid charged with Distresse c. And as to the Sureties of the said Sheep He saith that he had deliverance thereof in the Country c. therefore the Sheriff is commanded that if the said I. I. had not the Deliverance of the said Sheep then the said Sheep he should cause to be delivered unto the said J. J. and whatsoever c. he should make known unto the Lord the King from the day of Easter in fifteen dayes wheresoever c. ss AND the said I. I. not acknowledging any matter by the said W. B.
the said Homage fealty and sute of Court as of fee and right and of the said Rent and residue of the said Services in his Demesn as of Fee And because the sute of him the said T. H. at the Court of the said R. A. held at his said Mannor on fryday next after the Epiphany of our Lord in the fourteenth year of the reign of the now King unto the said R. A. remaining undone the said R. A. doth well avow the taking of the said Cattel in the said place in which c. as in parcell of the said tenement of him the said R. A. in form aforesaid held and upon the said T. H. as upon his true Tenant thereof c. And within his fee c. And this he is ready to prove whereupon he prayeth judgment and the return of the said Cattel to be adjudged unto him c. Defendant protesting that he did not hold the premisses by the services in the avowment of the Plantif specifyed and that the Defendant was not of the same seized c. for Plea saith that he holdeth by fealty 3. shillings tent onely without this that he holdeth as above And the said T. H. saith that the said R. A. by any thing before alleged the taking of the said Cattel ought not to avow just because protesting that the said T. doth not the said Messuage and Virge of land with th' appurtenances of the foresaid R. A. by the said services in the avowment of him the said R. before specified c. And protesting also that the said R. A. was not seized of the said services by the hands of him the said T. in manner and form as the said R. A. before hath alleged for Plea saith that the said T. doth hold the said Messuage and Virge of land of the aforesaid R. A. as of his Mannor of B. by fealty and the Rent of three shillings onely for all services and ancient demands without this that the said R. A. was seized of the said services to doe sute at the Court of him the said R. A. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said services in manner and form as the said R. A. in his said avowment before hath alleged and this he is ready to prove whereupon he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. And the said R. A. saith Issue upon the Tenure that the said R. was seized of the said Services to do Sute to the Court of him the said R. of his said Mannor from three weeks to three weeks there to be held and of the residue of the said Services in manner and form as the said R. before hath alleged And of this he putteth himself upon the Country and the said T. likewise c. ss AND the said I.T. and H. by R. M. his Attorney cometh and defendeth the force and injury when The form of a Plea where the Defendant took more Beasts and Chattels than the Plaintif by his Declaration supposeth himself to have taken the Defendants say as to one Horse they did not take as to the residue say that he the said J.D. one of the Defendants in right of his Wife was seized of the Mannor of D. of which Mannor the Plaintif holdeth ten acres of land wherof c. of the Defendant by Fealty and four shillings Rent and to do Sute of Court and a Fine was leavyed of the same Mannor between W.F. Plaintif and the said I. E. and his Wife and that afterwards the said W. F. granted the said Mannor unto the said I.E. and his Wife and to the Heirs of their bodies c. in Fee-tayl and that after the Plaintif attorned unto them the said I. P. and his Wife and because the said Rent was behind the Defendants took the Beasts c. c. and as to the taking of one Horse of the said Horses they the said J. and H. say that they did not take that Horse in manner and form as the said Prioress before against them complaineth And of this they put themselves upon the Country And the said Prioress likewise c. And the said I. and H. further say that they at the time in which the taking of the said Cattell is supposed to be done they took four Horses of the said five Horses in the said Declaration specified and also one Cart with six Stacks of Barley in the same Cart being with the whole Tacklyn to the sayd Cart belonging that is to say Cartharness for the said four Horses in the same Cart to be drawn of the said Oxen and Cattell of the said Piroress in the said place in which c. which said four Horses and the said Cart with the said six Stacks of Barley in the same Cart being and the said Cattell that is to say the tackling of the said Cart called Horse Harness for the said four Horses drawing that Cart of I.N. Knight Sheriff of the said County at the Complaint of the said Prioress unto the said Prioress caused to be replevyed and of the said four Horses and Chattells the said I. in his own right and of Anne his Wife doth well avow And the said Hen. as Bailiff of the same I. doth well acknowledge the taking of the said Cattell in the said place in which c. and justly c. because he saith that the said place in which c. doth contein in it self ten acres of land with th' appurtenances in C. aforesaid whereof the said Prioress at the said time in which c. long before c. was seised in her Demesn as of Fee in the right of her said Monastery and so thereof being seized held the same of the said I. and A. his Wife in the right of her the said A. as of her Mannor of D. in the said C. of K. by Fealty and the Rent of 4. shillings every year at the Feast of St. Michael th'Arch-Angell to be paid and by Service to do Sute at the Court of them the said I. and A. of their said Mannor from three weeks to three weeks there to be held of which Services the said I. and A. in the right of her the said A. were seized by the hands of the said Prioress as by the hands of their then true Tenant that is to say of Fealty and Sute of the said Court as of Fee and in right and of the said Rent in their Demesn as of Fee And them the said I. and A. in the right of her the said A. so of the said Mannor Rent and Services being seized long before the said time A Fine levied where the wise is Cognisee seized of the lands acknowledged in which c. that is to say in Eight dayes of St. Michael in the 21. year of Henry late King of England and France the seventh from the Conquest in the Court of him the said late King
Statute in such case made and provided to be adjudged unto him c. Plaintif saith that the Master and Fellowes of the Kings Hall in Cambridge of the Mannor of Rectory of Chesterton And the said T.G. saith that the said T.B. by any matter before alleged the taking of the said thirty six folding Hurdles in the said place in which c. ought not to avow just because he saith that the Master or keeper of the said Hall or College and the Felowes c. at the said time in which c. were seized of the Mannor of the Rectory of Chesterton aforesaid whereof the said two Ridges of Land are and at the said time in which c. were parcell and the said Master or Keeper of the said Hall or College and the Fellowes Whereof c. They the said Master and Fellowes accustomed to have for themselves and their farmors free folding in the whole precinct of the Town of C. without this that the Defendant c. Without this c. and all those whose estate they had in the Mannor of the said Rectory had and were accustomed to have for themselves their Tenants and Farmers free folding in and through the whole Precinct of the Town of C. aforesaid by reason of his said Mannor without any Contradiction or leave of any to hinder By which the said T. G. as Farmer of the said Master and Fellowes of the said College or Hall set up the said fold as unto him it was lawfull Without this that the said T. B. and all those whose estate he hath of and in the Mannor of C. had and were accustomed to have any free fold in and through all the precinct of the Town of C. aforesaid as the said T. B. by his said avowment before hath acknowledged prayeth judgment and his dammages by reason of the taking of those thirty six folding Hurdles to be adjudged unto him And the said T. B. as formerly saith that they and all those whose estate he hath in the said Mannor of C. aforesaid had and were accustomed to have free folding in and through the whole Precinct of the Town of C. aforesaid as he by his said avowment before hath alledged And of this he putteth himself upon the Countrey c. ss PEter Marton was attached to answer N.C. of a Plea wherefore he took the goods and Chattels of him the said N. and the same unjustly detained against the Sureties and pledges c. And the said P. by W.W. his Attorney cometh and defendeth the force and wrong when Defendant as Major of a Burrough Town justifies the taking of the skins for Toll denied Burrough Town c. And doth well avow the taking of the said Oxe skins in the said place in which c. and justly c. Because he saith that the said Town of Helliston is and from the time of which the Memory c. was an ancient Town corporate of Major Bailiffs and Burgesses of the Town of H. within which said Town they the said Major Bailiffs and Burgesses and all their Predecessors Majors Bailiffs and Burgesses of that Town for the time being from the time of which contrary the Memory of men doth not c. had and from all the said time used to have a certain market in every Saturday in the year in which said Market they the said Majors Bailiffs and Burgesses they took and accustomed to take a certain Toll of all and all manner Oxen and Cowes skins of whatsoever person or persons of the same Toll not lawfully discharged or otherwise with the same Majors Bailiffs and Burgesses concerning the same Toll agreed and accorded within the Precinct of the said Town that is to say of every Buyer of Beef Skins in the said Market so sold unto any person or persons foreiners One half-pennie and if any refuse to pay that Toll then the said Major Bailiffs and Burgesses and all their Predecessors Majors Bailiffs and Burgesses of the said Town for the time being from the time of which contrary c. used and accustomed by themselves their officers or Servants within that Town or within the Precinct of the same Town to take and keep such Oxen and Cowes skins so in the said Market being sold untill the said Toll thereof be paid and the said P. saith that the said N. before the said time in which c. at H. aforesaid within the Precinct of the said Town that is to say in the Market place there he bought the said two Oxe skins in the Market day of the same Town upon which the said P. the then Major of the said Town at the said Town in which c. at H. aforesaid demanded of the aforesaid N. one penny unto the said P. the then Major of the said Town and to the Bailiffs and Burgesses of the same Town due for Toll for the said two Oxes skins at the same time in the said place in which c. being which said pennie and every parcell thereof the said N. unto the said P. to the use of the said P. at that time Major of the said Town Bailiffs and Burgesses then and there refused to pay by which the said P. then Major of the said Town the said two Beef skins of the said goods and Chattels of the said N. then and there being for the same penny in form aforesaid denied at H. aforesaid in the said place in which c. in the same time doth well avow the taking of the said two skins for the said Toll in form aforesaid denied and refused And this he is ready to prove whereupon he prayeth judgment and return of those two skins to be adjudged unto him c. Plaintif saith that he is Burgesse of the Burrough of Bodmin and that by reason thereof he is discharged of all Tolls within the Town of H. in barr specified And the said N. C. saith that the said P. by any matter before alleged the said taking of the said two skins in the said place in which c. ought not to avow just because he saith that he the said N. at the time of the taking of the said skins and long before that was a free Burgesse of the Burrough of the Lord the King at Bodmyn in the said County And that the said Burrough of Bodmyn is and from the time of which contrary the Memory of men doth not remain was an ancient Burrough of a Major Bailiffes and Burgesses of that Burrough within which said Burrough all the Burgesses of that Burrough and their Predecessors Burgesses of the same Burrough from the time of which contrary c. were and from all the time aforesaid were used to be discharged freely and quietly from all Tallages and Tolls aswell within the said Town of Helliston as in and through all C. aforesaid and that they may freely buy and fell all and singular Marchandize things and Wares aswell within the said Town of H. or otherwhere without Toll
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
were the customary Lands and parcell of the Mannor aforesaid and Demised and Demiseable by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being to whatsoever person or persons were willing to take the same in Fee-simple Fee-tayl for term of life or years or otherwise at the Will of the Lord according to the Custom of the said Mannor aforesaid and that he the said Plaintif of the Mannor aforesaid with th' appurtenances whereof c. so being seized before the said time of the foresaid Trespass done at his the said Court of the Plaintif of his said Mannor holden the said twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. at that time his Steward of his Mannor aforesaid granted the aforesaid Tenements with th' appurtenances unto the foresaid Defendant to have and to hold to the said Defendant and his Heirs by a Rod at the Will of the Lord according to the Custom of the said Mannor by vertue of which said Grant the said Defendant into the aforesaid Tenements with th' appurtenances entred and was thereof seized in his Demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleged And that the said Defendant being so thereof seized before the time of the said Trespass done that is to say the tenth day of November in the first and second year of the Reign of the now Lord the King and the now Lady the Queen made waste in the said Tenements with th' appurtenances in felling and cutting down one Oak of the age of Ten years and more and by Destroying the branches of the stem of the same Oak thereout growing with his Cattell under pretence of which the said Plaintif before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the second and third year abovesaid with force and arms c. the Close and House aforesaid at F. aforesaid brake and the aforesaid Oak to the value c. there lately growing cut down and carried away against the peace of the said now King and Queen as he above against him complaineth and this he is ready to prove whereof from which the said Defendant the said Trespass aforesaid above acknowledging the said Plaintif prayeth Judgement and his Damages by reason of that Trespass to be adjudged unto him c. Defendant pleads the Custome of the Mannor to give the customary Tenants liberty to cut down Trees growing upon their Tenements ss AND the said Defendant by Protestation not acknowledging any matters in the said Replication above to be true for Plea saith that within the Mannor aforesaid it hath from the time of which the memory of men is not to the contrary it had such a Custom that is to say that every Costomary Tenant of the Mannor aforesaid who held any Customary Tenements within that Mannor unto him and his heirs at the Will of the Lord of the Mannor by Copy of Court-Roll of that Mannor according to the Custome of the same Mannor could and might cut down whatsoever Trees and Wood growing in or upon the Customary Tenements without forfeiture of such Customary Tenements unto the Lord of that Mannor for the time being for such waste by which the said Defendant being seized of the Tenements aforesaid with th' appurtenances in which c. in his Demesn as of Fee at the will of the Lord of the said Mannor that Oak the said first day of October in the years of the Reign of the now King and Queen the second and third abovesaid then and there growing did cut down as to him it was lawfull and this he is ready to prove whereof as before he prayeth Judgement and that the said Plaintif from his action aforesaid against him the Defendant had may be precluded c. ss AND the said Plaintif as formerly he saith Plaintif maintains the Replication without this that there is such a Custom as the Defendant in his Rejoynder allegeth c. that he the said Plaintif is and at the time of the said Trespass done and long before was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and that the said Messuage and two acres of Land with th' appurtenances are and at the time in which c. and also from the time c. were Customary Lands and parcell of the said Mannor and Demiseable and demised by the Lord of that Mannor and by the Steward of the Court of the same Mannor for the time being unto whatsoever person or persons is or are willing to take them in Fee-simple Fee-tayl for term of life or years or otherwise at the will of the Lord according to the Custom of the said Mannor And that the Plaintif of the said Mannor with th' appurtenances whereof c. before the said time of the said Trespass done that is to say at the said Court of him the Plaintif of his said Mannor holden the twelfth day of October in the thirty fift year abovesaid by the aforesaid I. W. then his Steward of his said Mannor granted the said Tenements with th' appurtenances unto the foresaid Defendant to have and to hold unto the said Defendant and his Heirs by a rod at the will of the Lord according to the Custom of the said Mannor by vertue of which said grant the said Defendant into the said Tenements with the appurtenances entred and was thereof seised in his demesn as of Fee at the Will of the Lord according to the Custom of the said Mannor in manner and form as the said Defendant above in pleading hath alleleged and that the said Defendant so being thereof seized before the said time of the said Trespass done that is to say the tenth day of November in the years 1. 2. abovesaid he made waste in the same Tenements with th' appurtenances that is to say in cutting and felling down one Oak of the age of ten years and more by destroying the branches of the stem of the same Oak thenceforth growing with his Cattell under pretence of which before the said time in which the said Trespass was done into the Tenements aforesaid with th' appurtenances in which c. he entred as into the Tenements unto him the Plaintif by the said Defendant forfeited and was thereof seized in his Demesn as of Fee untill the said Defendant the said first day of October in the years second and third abovesaid with force and arms c. the said Close and House at Foxley aforesaid did break and the Oak aforesaid to the value c. there lately growing
for the time being or to their certain Attorney four pounds Sterling at the four Terms in the year in the City of London usuall by equall portions as by that Writing here in Court shewed more fully it doth and may appear by vertue of which said Demise the said I. R into the said Messuage with th' appurtenances before the said time in which c. entred and was thereof possessed and so thereof being possessed the said John afterwards that is to say the fifteenth day of May in the sixth year of the Reign of the King that now is at the said City of London that is to say in the Parish of St. Swithin in the Ward of Walbrook London made his Will and by the same Will constituted and appointed one P. B. and N. S. Citizens and Cloth workes of London Executors of his said Will And afterwards and before the said time Lessee for years makes his Will and dyes and his term commeth to his Executors in which c. there dyed after whose death the said P. and N. as Executors of the said Testament into the said Messuage with th' appurtenances entred and was thereof possessed and the said R. H. claiming the said Messuage with th' appurtenances by colour of a certain Charter of Demise unto him thereof made for term of his life by the foresaid R. C. Rector of the said Church before the said Demise by the said B. C. thereof unto the said I. R. made in form aforesaid where none of that Messuage with th' appurtenances into the possession of the said R.H. by that Charter ever passed over into that Messuage with th' appurtenances before the said time in which c. he entred upon the possession of which said R. H. thereupon the said I. R. afterward that is to say the foresaid time in which c. into the said Messuage with th' appurtenances as servant of the said P. and N. and by their Command re-entred as to him it was lawfull to doe And this c. whereof c. ss AND the said R. Hartings saith Plaintif saith that the lands were appertaining to a Singing man and by Act in the Parliament of King Edw. 6. it came to the hands of the King and that the King gave the same lands unto one who sold them the Plaintif without that the said Rector Demised in manner and form c. Upon the Statute of the first of E. 6. for suppressing of Singing men of Colleges and free Chappels that he by any matters by the said I. above c. ought not to be precluded because he saith that well and true it is that the said R. C. Clerk late Rector of the said Church of St. Swithin in Candlewick-street London long before the said time of the foresaid Trespass done he was seized of and in the said Messuage with th' appurtenances in his Demesn as of Fee in the right of his said Church to the use to find a Chaplain to celebrate Divine Services in the said Church of St. Swithins for ever and so thereof being seized to the same use afterward and before the said time of the aforesaid Trespass done by an Act in Parliament of the Lord the now King held and begun at Westminster the fourth day of November in the first year of his Reign and from thence untill the twenty fourth day of December then next following continued and then and there begun it was Ordained and enacted by Authority of the same Parliament that all manner of Colleges free Chapels and Chanteries being and to be had within five yeers next before the first day of the fame Parliament which were not in actuall and reall possession of the said Lord H. late King of England the eighth Father of the Lord the now King neither in reall and actuall possession of the same now Lord the King Neither excepted in a certain Act in Parliament of the same Lord the Lord the King held at Westminster the said twenty third day of November in the thirty seventh year of his Reign other than such which by Commissions of the Lord the King in form afterwards in the said Act made in the first year of the said Lord the now King should be mentioned altered transposed or changed And all Mannors Lands Tenements Rents Tithes Pensions Portions and other Hereditaments and the matter mentioned in the aforesaid Act made in the first year of the said Lord the now King abovesaid appertaining unto them or unto any of them and also all Mannors Lands Tenements Rents and other Hereditaments and the other things in the said Act mentioned by any Assurance Will Devise or otherwise had made or acknowledged or declared given assigned limited or appointed to the sustentation of any Presbytery to have continuance for ever and with which or by which any Presbyter should be susteined maintained or found within five years next before the first day of the same Parliament of him the said Lord the now King which were not in actuall and reall possession of him the said Lord the now King And also all annuall Rents Profits and Emoluments at any time within five years next before the beginning of the same Parliament of the first year abovesaid deteined paid or gathered towards or for the Maintenance Supportation and Exhibition of any Stipendary Presbytery intended by any Act without writing to have continuance for ever by Authority of any Parliament immediatly after the Feast of Easter then next it should be adjudged and also it should be in true actuall and reall possession and seizin of the Lord the now King his Heirs and Successors for ever without any Office or Inquisition therof to be had or found and in as ample manner and form as the Presbyters Wardens Masters Ministers Governours Rectors and other Incumbents of them or any of them at any time within six years next before the beginning of the said Parliament of the said Lord the now King were had occupied or enjoyed or at that time they had occupyed and enjoyed the same And as if all and singular the said Colleges Free Chapells Chaunteries Stipendaries Salaries of Presbyters and the said Mannors Lands Tenements and all the Premisses whatsoever and every of them had been or were in the same Act specially particularly and certainly recited nominated and expressed by expresse words names Addition of names Corporations Titles and Faculties and in their own natures kinds and qualities as by the same Act more fully appeareth And the said R. H. saith that the said Messuage at the said time of the making and finishing of the said Act of Parliament of the said Lord the now King and continually before was applied and given to the sustentation of a Chaplain in the said Church of St. Swithins to celebrate Divine Service in the same Church And further the said R. H. saith that at the said time of making the said Act and before the said Messuage was not in actuall and reall possession of the said
own Horse possessed And afterwards and before the said time in which c. that is to say the 24. day of July in the 20. year of the Reign of the said now King the said Horse by certain Malefactors unto the said R. unknown out of the possession of him the sayd R. feloniously was taken and led away and afterward the said Horse came to the possession of him the said I. And because the said R. at the same time in which c. found the same Horse in the possession of him the said I. the same R. the said Horse of him the said R's own out of the possession of him the said I. did take and lead away as to him it was lawfull And this c. Whereupon c. The Plaintif saith that one I. R. being of the said Horse possessed at B. in the Fair there sold that Horse that he paid unto the Bailiff of the Fair toll c. Protestation And the said I. saith that he by any matter before alleged c. ought not to be precluded c. because protesting that the said Horse was never the Horse of the said R. as the said R. in his said barre before hath alleged for a Plea notwithstanding the said I. saith that before the said time of the said Trespass done the said I. R. was possessed of the said Horse and so possessed in the Feast day of the Body of Christ in the 21. year of the Reign of the said now King abovesaid at Canbury in the County of Oxon ' in a certain Fair or Market there then held did bargain and sell unto the said I. W. the said Horse for the sum of 31. shillings six pence of lawfull c. which the said I. W. then and there unto the said I. R. paid And further the said I. W. saith that he then and there paid unto one R. C. the then Bailiff of the said Fair one penny by the name of Toll for the said Horse by which the said W. was of the same Horse possessed untill the said R. W. the day and year in the Declaration of him the said I. W. before specified at W. aforesaid in the County aforesaid the same Horse with force and arms aforesaid did take and lead away in manner and form as the said I. W. in his said Declaration before against the said R. W. doth Complain And this c. Whereupon from what the said R. the said Trespass before hath acknowledged to have done he prayeth Judgement and his Damages by occasion of that Trespass to be adjudged unto him c. The Defendant saith that I. R. did not sell unto the Plaintif in the Fair nor the Plaintif paid the Tol. Without this And the said R. W. as before saith that before the said time of the said Trespass supposed to be done the same R. W. of the said Horse as of his own Horse was possessed untill the same Horse by the said Malefactors unto the said R. unknown out of the possession of him the said R. feloniously was taken and led away as the said R. in his Bar before hath alleged Without this that the said I. R. did bargain and sell unto the said I. W. the said Horse in the Market or Fair aforesaid Nor the same I. W. unto the aforesaid R. C. the then Bailiff of the said Fair one penny in the name of Toll for the said Horse did pay as the said I. in his Replication before hath alleged And this c. whereupon he prayeth Judgement and that the said I. W. from his said Action against him the said R. had may be precluded c. And the said I. W. saith that the said I. R. did bargain and sell unto the said I. W. the said Horse in the said Market and unto the said R. C. the then Bailiff of the said Fair one penny by the name of Toll for the said Horse did pay as the same I. in his Replication before hath alleged Ven ' fac ' to the Sheriff of Oxoâ— And this he prayeth that it may be enquired of the Countrey And the said R. likewise c. Therefore Command is to the Sheriff of Oxon. that he cause to come before the Lord the King at Westminster the day c. twelve c. of the Visn of B. in the said County of Oxon. by whom c. and who neither c. To Recognize c. Because aswell c. The same day is given to the said parties there c. ss AND the said I. M. by R. M. his Attorney commeth and defendeth the force and wrong when Staff Justific ' in Trespass for that that the Tenements in which c. were Customar ' c. and as to the Comming with force and arms c. Not guilty And as to the residue of the said Trespass before supposed to be done the same I. M. saith that the said I. S. No action because he saith that the said Tenements with th' appurtenances in the said Declaration before specified are and from the time whose contrary c. were Customary Tenements and Lands and parcell of the Mannor of Harnedesworth with th' appurtenances in the County aforesaid of which said Mannor with th' appurtenances whereof c. long before the said time in which the said Trespass is supposed to done one T. late Earl of Ormond was seized in his Demesn as of Fee and that the same Tenements with th' appurtenances are and from all the time aforesaid were Demised and demiseable by Copy of Court-Roll of the said Mannor by the Steward of the said Court of that Mannor for the time being unto any person or persons willing to take the same in Fee-simple Fee-tail to Term of life or years or otherwise at the Will of the Lord according to the Custom of the said Mannor and him the said Earl of the said Mannor with th' appurtenances whereof c. so as before is said being seized the same Earl afterwards and before the said time in which c. that is to say at the Court of him the said Earl of his said Mannor held at that Mannor the tenth day of October in the twentieth year of the Reign of the said now King of England the seventh after the Conquest by one W. H. the then Steward of him the said Earl of the said Mannor according to the Custom of the said Mannor Demised by Copy of Court-Roll the said Tenements with th' appurtenances amongst other things by the names of one Messuage By names and a certain parcell of Land unto the aforesaid Tenement with th' appurtenances belonging unto one R. M. To have and to hold unto him and his heirs for ever according to the Custom of the said Mannor by vertue of which said Demise the same R. was of those Tenements with th' appurtenances seized in his Demesn as of Fee according to the Custom of the said Mannor And he the said R. of those Tenements with th' appurtenances
R. that is to say upon the said thirty six Acres of Land growing eating up and Damage there unto the said R. doing the same W. W. that Colt for that Damage then and there as afore it is said done took and lead away as unto them it was lawfull And this c. whereupon c. Not to bee precluded because he saith that long before the said time in which c. the said R. M. in the said Bar before named was seized of the said Tenements with the Appurtenances in his Demesne as of Fee and so thereof being seized before the said time in which c. that is to say the twelfth day of August in the first yeare of the Reigne of the said now King Edward the sixth at A. in the said County of D. demised the said Tenements with the Appurtenances unto the aforesaid W. S. to have to him and his Assignes from the Feast of Saint Michaell the Arch-angell from thence next ensuing untill the end and tearm of three yeares from thence forth next following and fully to be compleat by virtue of which said Demise the same W. S. into the said Tenements with the Appurtenances before the said time in which c. entred and was thereof possessed and he the said W. S. of the said Tenements with the Appurtenances so being possessed the same W. S. before the said time in which c. the said Colt into the said Tenements with the Appurtenances to the Grasse there growing as the proper Grasse of him the said W. S. put to feed which said Colt was there the Grasse there growing feeding upon untill the said W. W. at the said time in which c. upon the Possession of him the said W. S. into the said Tenements with the Appurtenances entred and the said Close in the said place in which c. did breake and the said Colt then and there did take and lead away in manner and form as the same W. S. before against him complaineth And this c. whereupon from which the said W. W. the said Trespasse in form aforesaid done before acknowledging prayeth Judgment and his Damages by occasion of the said Trespasse to be adjudged unto him c. Defendant maintaineth Plea without this that the said stranger demised the said Tenements AND the said W. W. as before saith that the said Tenements with the Appurtenances are and at the said time in which c. were the Ground and Free-hold of the said R. M. by which the same W. W. at the said time in which c. into the said Tenements with the appurtenances as Servant of the said R. and by their Command entred and the said Close as the proper Close of him the said R. did breake and for that he the same W. W. found the said Colt the said Grasse of the said R. upon the Ground of him the said R. that is to say upon the said thirty six Acres of Land growing eating up Damage thereunto the same R. doing the same W. that Colt for that Damage Without this then and there as before is said done did take and lead away as to him it was lawfull without this that the said R. M. demised the said Tenements with the Appurtenances unto the aforesaid W. S. in manner and form as the said W. S. before in replying hath alleadged And this c. whereupon as before prayeth Judgment and that the said W. S. from his said Action against him the said W. W. had may be precluded c. And the said W. S. as before saith that the said R. M. demised the said Tenements with the Appurtenances unto the said W. S. in manner and form as the said W. S. before in replying hath alleadged and this he prayeth that it may be inquired of c. AND the said S. S. by W. D. his Attorney Suff. ss Defendant iustifies Trespasse by virtue of a Demise made by a Master of a Colledge cometh and defendeth the force and wrong when c. And as to the coming with force c. not guilty and as to the residue of the said Trespasse before supposed to be done the same S. saith that the said R. no Action because he saith that the said Close and also the place in which it is supposed the said Trespas before to be done are and at the said time of the said trespas before supposed to be done were a hundred Acres of Lands and Pasture with the Appurtenances in E. aforesaid parcell of the Mannor of E. with the appurtenances in the County aforesaid of which said mannor with the appurtenances long before the said time in which c. one G. W. Clark late Master of the late Colledge of R. in the County of Norffolke and the Fellowes of the same late Colledge were seized in their demesne as of fee in the right of their said Colledge and them the said late Master and fellowes of the said late Colledge of that Mannor with the appurtenances whereof c so thereof being seized they the said late Master and fellowes of the said late Colledge before the said time in which c. that is to say the twentieth day of December in the year of the Raign of the Lord Henry the eighth late King of England 30. at R. in the said County of Norffolke by their certain writing indented with the common seal of them the late Master and fellowes sealed and unto the Court of the Lord the now King here shewed whose date is the same day and year by their unanimous assent and consent did demise and to farm let unto the aforesaid S. his heirs Executors and Assignes the said mannor of E. with the appurtenances in the laid county of Suffolke with all arrable Lands and pasture of Sheep with all their appurtenances and other commodities unto the said Mannor and preimses belonging as well within the town E. aforesaid as within other towns unto the same adjacent with the Lands and Pastures lying at Dead-mans Grave to have and to hold the same Mannor with the appurtenances whereof c and other the premises unto the aforesaid S. his Executors and Assigns from the Feast of the invention of the holy Crosse last past before the date of the said writing indented untill the end and tearm of fifty years from thence forth next insuing and fully to be compleat by virtue of which said demise the said S. into the said mannor with the appurtenances whereof c. before the said time in which c. entred and was thereof possessed and the said R. claiming the said mannor with the appurtenances whereof c. by colour of a certain deed of demise unto him thereof made for the tearm of his life by the said late Master and fellowes of the said late colledge long before the said demise unto the aforesaid S of that mannor with the appurtenances whereof c. as afore is said made where nothing of that Mannor with the appurtenances whereof
c. into the possession of him the said R. by that deed ever passed into the said Mannor with the appurtenances whereof c. before the said time in which c. entred upon the possession of which said R. thereupon the said S afterwards that is to say at the said time in which c. into the said Mannor with the appurtenances whereof c. claiming the said Tearm then to come of and in the same re-entred and the said Close as the proper close of him the said S. then and there did break and the said grass as the proper grasse of him the said S. then and there growing with his cattell did eat up tread and consume as unto him it was lawfull and this c. whereupon c. Judgement if action c. NOt to be precluded because he saith that well and true it is that before the said time of the said Trespas done the said late Master and fellowes of the said late Colledge were seized of the said Mannor with the appurtenances whereof the said hundred acres of pasture with the appurtenances in which the said Trespas was done are and at the said time of the said trespas done and also from the time the contrary of which memory c. were parcell in his Demesne as of fee and so thereof seized they the said Master and fellows before the said time of the said trespas done and before the said demise of the said Mannor with the appurtenances whereof c. unto the aforesaid S. in form aforesaid made that is to say the last day of January in the twentieth year of the Raign of the said late King at E. in the said county of N. by their certain Deed with the common Seal of the same late Master and fellowes Sealed whose date is the same day and year did demise and to farm let unto one E.B. and the said S. the said mannor with the appurtenances whereof c. to have and to hold to the same E. and S. from the feast of the invention of the holy Crosse from thence forth next insuing untill to the end and Tearm of â—fty years from thence next following and fully to be compleat in manner and form as the said S. in his bar before in pleading hath alleadged And further the same R. saith that by a certain Act in Parliament of the Lord Henry the eighth late King of England Father of the said now King at Westminster in the county of Middlesex the twenty eighth of Aprill in the thirty first year of the Raign of him the late King began and there then held and continued untill the twenty eighth day of June then next following amongst other things it was enacted ordained and established by him the late King and the Lords spirituall and temporall and also the commonalty in the same Parliament then assembled and by the authority of the same that not only all late Monasteries Abbyes Priories Monks Houses Colledges Hospitalls Fryers Houses and other Religious and Ecclesiasticall Houses and Places Scites Circuits Precincts Mannors Demesnes Granges Messuages Lands Tenemenss Meadowes Pastures Reversions Services Woods Tythes Pensions Portions Rectoryes Appropriations Vicaridges Chappell 's Advowsons Patronages Annuities Interests Entries Conditions Commons Courts Leets Liberties Priviledges Franchises and all the rest of the Hereditaments whatsoever henceforth immediatly and then presently but also all other Monasteries Abbyes Priories Monks Houses Colledges Houses of Monks Colledges Hospitalls Fryers houses and other religious and Ecclesiasticall houses and Places which from thenceforth afterwards should happen to be dissolved suppressed renounced forsaken forfeited surrendred or in any other manner come to the Kings most excellent Majesty and also all Scites Circuits Precincts Mannors Demesnes Granges Messuages Lands Tenements Mannors Pastures Rents Reversions Services Woods Tythes Pensions Portions Rectories Appropriations Vicaridges Churches Chappell 's Advowsons Nominations Patronages Annuityes Rights Interests Conditions Commons Court Leets Liberties Priviledges Franchises and other Hereditaments whatsoever belonging or appertaining unto them or any of them whensoever as often as they should be dissolved suppressed renounced forsaken forfeited surrendred or by any other means should come unto the Kings Excellency they should be vested deemed and adjudged by the authoriry of the same Parliament in the true actuall and reall seizin and possession of the said late King his heirs and Successors for ever in the State and condition as at the making of the same act then were and even as all the said late Monasteries Abbyes Priories Monks Houses Colledges Hospitalls Fryers Houses and all religious and Ecclesiasticall houses and places so dissolved suppressed renounced forsaken forfeited surrendred or come to the Kings Excellency as it is before said as also the said Monasteries Abbies Priories Friers Houses and all Religious and Ecclesiasticall Houses and Places which then afterwards should happen to be dissolved suppressed renounced forfeited surrendred or become to the Kings Excellency the Scites Circuites Precincts Mannors Demesnes Granges Lands Tenements and the rest of the Premises whatsoever should be in the same Act specially and particularly recited nominated and expressed by expresse Words Names Titles and Faculties in their kindes natures and qualities And further it was enacted by the said Authority that if any Abbot Prior Prioresse or other Ecclesiasticall Governor or Governesse of any Monastery Abbey Prior Monks House Colledge Hospitall Friers House or other Religious Houses or Places which then afterwards should happen to be dissolved suppressed renounced forsaken forfeited surrendred or come to the Kings Highnesse within one yeare next before the first day of the same Parliament had made or from thence afterwards should make any Demise or Grant under their Conventuall or common Seale or otherwise for tearm of yeares or life or lives of the Scite Circuit and Precinct of their aforesaid Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or other Religious or Ecclesiasticall House or Place or of any part of them or of any Mannors Messuages Lands Tenements Rectories appropriate Tithes Pentions Portions or other Hereditaments belonging or pertaining to their aforesaid late Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or Religious or Ecclesiasticall House or Place Which Mannors Messuages Granges Lands Tenements Rectories appropriate Tithes Pentions Portions and other Hereditaments whatsoever had not been before the same Demise commonly used to be let nor set to Farm but kept and reserved in the manurate Tillage or Occupation of the aforesaid Governor or Governesse for Maintenance of Hospitality and good House keeping or within one yeare next before the first day of the same Parliament had made or afterwards should make any Demise or Grant for tearm of life or for tearm of yeares of any Mannors Messuages Lands Tenements Meadowes Pastures Woods Rectories appropriate Tithes Pentions Portions Churches Chappels or other Hereditaments whatsoever whereof and in which the State or Interest for tearm of life yeare or yeares at the time of the making any
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
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
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
payment of any the said Tithes above in this behalf specified in or upon the same Tenements with th'appurtenance called the Demesns yearly in manner and form aforesaid before in this behalf alleged in whatsoever manner growing happening comming sheering milking or renewing by pretence of the said Act and of the rest of the Premisses and so thereof being seized she the said V. afterwards at B. with N. aforesaid dyed of her said estate thereof seized after whose death the said F. R. in the said Letters Patents named in the said tenements with th' appurtenances called the Demesns entred and was thereof seized in his Demesn as of Fee-tayl that is to say to him and the Heirs males of his body lawfully begotten according to the form of the said Gift and so thereof being seized the same Tenements likewise held and enjoyed from the payment of any Tithes aforesaid above in this behalf specified in or upon the same Tenements with th' appurtenances called the Demesns yearly in manner and form aforesaid above in this behalf alleged in whatsoever manner growing happening comming sheering milking or renewing altogether discharged by pretence of the said Act and of the rest of the Premisses and so thereof being seized the said F. afterwards at B. with N. dyed of the said estate thereof seized after whose death the same Tenements with th' appurtenances called the Demesns according to the form of the said Gift descended unto one V. R. Esqiure as Son and Heir male of the said F. R. in the Letters Patents as it is aforespoken mentioned by virtue of which the said V. R. into the said Tenements with th' appurtenances entred and was thereof seized in his Demesn as of Fee-tayl according to the form of the said Gift And so thereof being seized the same Tenements with th' appurtenances called the Demesns likewise held and enjoyed from the payment of any of the said Tithes above specified in and upon the same Tenements with th'appurtenance called the Demesns yearly in manner and form aforesaid above in this behalf alleged in whatsoever manner growing happening coming sheering milking or renewing altogether discharged by pretence of the said Act and the rest of the Premisses and so thereof being seized the said V. R. the first day of May in the 21. year of the Reign of the said now Queen at B. with N. at B. with N. aforesaid Lease for years demised the said Tenements with th' appurtenances called the Demesns unto the said V. R. the now Plaintif to have and occupy to him and his Assigns from the Feast c. then last past untill the end and term of 21. years from thence next ensuing and fully to be compleat and ended by virtue of which said Demise the said V. R. the now Plaintif into the said Tenements with th' appurtenances entred and was and as yet is thereof possessed and so thereof being possessed the same Tenements with th' appurtenances unto him as aforesaid Demised had and occupied and as yet hath and doth occupy and should and ought to have and occupy from the payment of any the said Tithes above in this behalf specified in or upon the said Tenements with th' appurtenances called the Demesns yearly in manner and form aforesaid above in this behalf alleged in whatsoever manner growing happening coming sheering milking or renewing discharged by pretence of the said Act and of the rest of the Premisses And whereas farther by the Statute in Parliament held at Westminster aforesaid the fourth day of November Statute of 2. Ed. 6. that no person should sue for the payment of Tiths where c. in the second year of the Reign of the Lord Edward the sixt King of England among other things it remaineth enacted by Authority of that Parliament that no person should be sued or otherwise compelled to render give or pay any Tithes for any Mannors Lands Tenements or Hereditaments which by the Lawes and Statutes of this Kingdom of England or by any Privilege or Prescription were not chargeable with the payment of any such Tithes or which were discharged by any open Composition as by that Act amongst other things more fully it doth and may appear And whereas also the said Tenements with th' appurtenances called the Demesns and every part and parcell thereof from the whole time abovesaid of which the memory c. hitherto hath been and every part and parcell thereof was by the Lawes and Statutes of this Kingdom of England altogether discharged and acquitted of and from the payment of any the said Tithes above in this behalf recited of in or upon the same Tenements with th' appurtenances called the Demesns and of in or upon every or any parcell thereof in whatsoever manner by the whole time aforesaid in manner and form aforesaid before in this behalf alleged growing happening coming sheering milking or renewing And whereas also the Cognizance of such like Causes or Businesses and the Pleas of the same of Tithes against the form of the said Act and Statute desired in such Case Cognizance of a Plea in Prohibition in no manner do pertain to the Ecclesiasticall Court Notwithstanding which the said Defendant not being ignorant of the premisses Imagining unjustly to grieve oppress and weary the said V. the now Plaintif against the due form of the Lawes of this Kingdom of England and against the form and effect of the said Acts and Statutes and also against the said now Queen and her Regall Crown and it doth not belong to the Court Christian to another Tryall in the Court Christian to draw the said V. the now late Plaintif in the Court Christian before the Worshipfull and learned Master Bartholmew Clark Addition of the Judge of the Arches of London Doctor of Law lawfull Deputy Officiall of the Court of Canterbury of the Arches of London of and for the substraction and not payment of the Tithes following That is to say of the Tithes of Wheat of Marsklyn of Barley of Oats Beans Tares of Hay and Wood in the year of our Lord 1589. now comming and also four other years the next preceding of the said years and moneths in the same concurring whatsoever more one than another of in or upon the said Tenements with th' appurtenances called the Demesns growing happening and comming by the said V. the now Plaintif in those years of the Lord had and received And of and for the Substraction and not payment of Tithe of Calves Milk and Piggs in those years of the Lord falling milked brought forth and happening of Cowes and Sows of him the said V. now the Plaintif in and upon the same Tenements with th' appurtenances called the Demesns in those years of our Lord pasturing feeding and lying And of and for the Substraction and not payment of the Tithe of Wooll in those years of our Lord shorn of the sheep of him the said V. the now Plaintif in and upon the Tenements called the same Demesns with th'
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
such Grant or Demise then had there being or continuance or after that time should have their being or continuance and then were not determined ended or expired or within one yeare next before the first day of the aforesaid Parliament had made or afterwards should make any Demise or Grant for tearm of life or for tearm of yeares of any Mannors Messuages Lands Tenements Meadowes Pastures Woods Rectories appropriate Tithes Pentions Portions Churches Chappels or other Hereditaments whatsoever upon which Demises and Grants the usuall and old Rents and Formes accustomed to be rendred and reserved by the space of twenty yeares next before the aforesaid first day of the same Parliament were not or should not be or afterwards had not been thereupon reserved and rendred or if any such Governor or Governesse of any such Monastery Abbey Priory House of Monks Colledge Hospitall House of Friers or other Religious or Ecclesiasticall House or Place which from that time should happen to be dissolved suppressed renounced lost forfeited surrendred or come to the Kings Highnesse within one yeare next before the aforesaid first day of the aforesaid Parliament had made or afterwards should make any Bargain or Sale of their Woods which Woods were then growing or standing that then all and every such Demise Grant Bargain and Sale of Wood or Woods should be altogether void and of none Effect as in the same Act amongst other things more fully appeares And further the same R. saies that the aforesaid late Master and the then Brotherhood of the Mannor aforesaid with the Appurtenances whereof c. in form aforesaid being seized before the said time wherein c. to wit the sixth day of the Month of December in the three and thirtieth yeare of the aforesaid late King Henry the eighth at the Colledge aforesaid by their certain Writing with the common Seale of them the said late Master and then Brother-hood sealed And in the Court of Chancery of him the said late King at Westminster in the County of Middlesex inrolled of Record whose Date is in the Chapter House of them the said late Master and then Brother-hood there the same day and yeare wâ—th their unanimous Assent and Consent and Deliverance of Mind certain knowledge and meer motion for certain just and reasonable causes them the said late Master and then Brotherhood conscientiously moving their Soules voluntarily and of their own accord they gave and granted and by that Writing did give grant render deliver and confirm to the aforesaid late King Henry the eighth their whole Colledge with their Appurtenances and the aforesaid Mannor of E. and other the Premisses with the Appurtenances whereof c. and the Reversion and Reversions of the same Mannor amongst other things to have hold and injoy the aforesaid Colledge with all their Appurtenances and the aforesaid Manner of E. and other the Premisses with the Appurtenances whereof c. amongst other things to the aforesaid late King his Heires Successors and Assignes to the sole proper behoofe use and profit of the same late King his Heires Successors and Assignes for ever as by the same Writing amongst other things more plainly appeares By virtue of which said Gift Grant and Act aforesaid the same late King was seized of the Mannor aforesaid and other the Premisses with the Appurtenances whereof c. in his Demesne as of Fee and Right in right of his Crown of England and being so thereof seized the same late King afterwards and before the aforesaid time of the Trespasse aforesaid made to wit the tenth day of December in the thirty fourth yeare of his Reigne by his Letters Patents which he the said R. brings here into Court whose Date is at Westminster the same day and yeare did give and grant unto Henry then Earle of Surrey the Mannor aforesaid with the Appurtenances whereof c. amongst other things And the Reversion of the same Mannor to have and to hold to him the said Earle his Heires and Assignes for ever By virtue of which said Letters Patents the same late Earle was seized of the aforesaid Mannor with the Appurtenances whereof c. in his Demesne as of Fee and Right and so being thereof seized after and before the aforesaid time of the Trespasse aforesaid made the same late Earle the twentieth day of May in the thirty sixth yeare of the aforesaid late King by his Indenture at E. between him the said Earle by the name of the Honorable Henry Earle of Surrey Knight of the Honorable Order of the Garter on the one part and the aforesaid Richard by the name of Richard Filmerston Gentleman of the other part which other part with the Seale of the aforesaid Earle signed he the said R. brings here into Court whose Date is the same day and yeare did bargain and sell to him the said R. the Mannor aforesaid with the Appurtenances whereof c. amongst other things by the name of the whole Mannor of E. with the Appurtenances in Suffolke and all Lands and Tenements Meadowes Feedings Pastures Woods Under-Woods Possessions and Hereditaments accepted reputed or taken as part parcell or Member of the aforesaid Mannor or to that Mannor in any manner pertaining as also all other Lands Tenements and Hereditaments being of the aforesaid Earles in E. or elsewhere in the County of S. which the aforesaid Earle had of the Gift and Grant of the aforesaid late King or which pertained or belonged or were part parcell or member or unto the aforesaid Colledge or of the Possession thereof within three yeares next before the dissolution of the same Colledge to have and to hold the aforesaid Mannor and all other the Premisses with their Appurtenances to the aforesaid R. his Heires and Assignes for ever as by the same Indenture amongst other things it more fully appeares Which sayd Indenture before Sampson Michell Clerke one of the Masters of the Court of Chancery of the aforesayd late King afterwards the same twentieth day of May in the thirty sixth yeare aforesayd as the Deed of him the sayd Earle by him the Earle was acknowledged and in the Chancery aforesayd the same day and yeare according to the forme of the Statute in that case published and provided was inrolled by which the same R. was seized of the Mannor aforesayd with the appurtenances whereof c. in his Demesne as of Fee untill the aforesayd S. afterwards to wit the aforesayd time wherein c. into the Mannor aforesayd with the appurtenances whereof c. did enter and the Close aforesayd then and there broke and the Grasse aforesayd then and there growing with the Cattell aforesayd did eate up trod downe c. in manner and forme as the aforesayd R. above against him complaines And further the same R. sayes That the aforesayd Demise of the Mannor aforesayd with the appurtenances whereof c. by the aforesayd late Master and the Brotherhood to the aforesayd E. Bestroy and S. in forme aforesayd made had
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.
lost afterwards to wit such a day yeare and place to the hands and possession of the aforesaid I. C. by finding came yet the aforesaid I. C. knowing the writing aforesaid to bee the proper writing of him the said R. and to him the said R. of right to belong and pertaine plotting and contriving him the said R. wholly to debarre and exclude from the recovery of the aforesaid two hundred pound That writing to him the said R. although afterwards to wit such a day yeare and place hee hath beene thereupon required hee hath not delivered but that writing to deliver to him the said R. hitherto hee hath altogether refused and the writing aforesaid and the profit thereupon comming afterwards to wit such a day yeare and place to his the said I. C. proper use and profit hee hath converted and disposed to the damage of him the said R. three hundred pound And thereupon hee brings his Suit c. Trâ—ver for a Ring Sur. I. G. complaines of G. C. in the custody of the Marshall c. for that that is to say whereas the same I. such a day yeare and place was possessed of a certaine gold Ring and one precious Stone called a Puffyn set and infixed in the same Ring as of his owne proper Ring And so as in other Actions of Trover The Defendant pleads he bought it in open Market AND the aforesaid G.C. in his proper person comes and defends the force and injury when c. And sayes that the aforesaid I. ought not to have his action aforesaid against him because by protestation that the aforesaid Ring the aforesaid time wherein c. was worth but seven shillings and no more And that the aforesaid I. was not thereof possessed as of his proper goods and chattels in manner and forme as the same I. above against him complaineth For Plea he saith that the City of London is an ancient City of our Lady the Queen and of her Progenitors late Kings of England And that within the same City there is had and from time out of minde there hath been had a certaine publicke and open Market in every open place within the same City weekly every day in the week the Lords day onely excepted for all manner of persons to buy and sell whatsoever matters and merchandizes within the City aforesaid in every part of the same City in all open places and shops of the City aforesaid every day in the week the Lords day onely excepted from the rising of the Sunne to the setting of the same And that long before the said time wherein c. to wit such a day and yeare one R.A. was possessed of the Ring aforesaid at the City of London in the Parish of St. Botolphs in the Ward of Aldersgate London And so being thereof possessed afterwards to wit such a day and yeare at such a place in the Parish and Ward aforesaid that is to say about ten of the clocke before noon of the same day in a certaine open shop there in a certaine place called Little-Britain in the Parish and Ward aforesaid the same Ring then there being sold to him the said G. for seven shillings to him then by the aforesaid G. paid By vertue of which said sale in forme aforesaid made the aforesaid G. was of the Ring aforesaid possessed as of his proper Ring By which he the said G. the Ring aforesaid the time wherein c. to his owne proper use and profit as it was lawfull for him to doe And this he is ready to aver whereupon he prayes judgement whether the aforesaid I. ought to have his action aforesaid against him ANne Lady G. complaines of M. N. in the custody of the Marshall c. for that that is to say Action of the case for scandalizing of a title whereas the same Lady A. such a day and yeare and long before and continually after hitherto was seized in demesne as of Fee of and in the Mannor of S. with the appurtenances in the County of C. whereof a great peece of Land containing a hundred acres called the Warren is and time out of minde was parcell And whereas also the same Lady A.G. and all they whose estate she now hath of and in the Mannor aforesaid with the appurtenances from time out of minde were used to have a free Warren of Conies in the aforesaid hundred acres of Land called the Warren And the aforesaid Lady A. of the Mannor aforesaid and the aforesaid hundred Acres of Land called the Warren being seized as aforesaid had conference with divers persons of and for the sale of the Mannor aforesaid and Warren aforesaid with the appurtenances and thereupon might have had divers great summes of money for the Mannor and Warren aforesaid yet the same M. not ignorant of the premises plotting and contriving her the said Lady A. greatly to disturbe and vexe And to bring into scandall and ignominy the right title and interest of her the said Lady A. of and in the Mannor and Warren aforesaid with the appurtenances such a day yeare and place to very many of the faithfull subjects of our Lady the Queene and chiefly to I.P. Esquire who had conference with the same Lady A. of and for the purchasing of the Mannor and Warren aforesaid with the appurtenances and who then intended to buy the same Mannor and Warren with the appurtenances of the same Lady A. falsely and maliciously spoke pronounced and published that one R.G. then was the true Lord and Proprietor of the third part of the aforesaid hundred acres of Land and Warren aforesaid with the appurtenances And that she the Lady A.G. had no good right state title or interest in the same third part of one hundred Acres of Land and Warren aforesaid Whereas in truth the aforesaid R. G. then was not Lord or Proprietor of the aforesaid third part of the one hundred Acres of Land and Warren aforesaid nor of any parcell thereof but the same Lady A. was and yet is the true and sole Lady and Proprietor of the whole hundred Acres of Land and Warren aforesaid with the appurtenances and thereof sole seized in her demesne as of Fee By reason of which said false speaking asseveration and publication the aforesaid state title and interest of her the said Lady A. in the Mannor and Warren aforesaid with the appurtenances are fallen into great scandal and ignominy And the aforesaid I. P. who would have given for the Mannor and Warren aforesaid with the appurtenances to be purchased from the aforesaid Lady A. two thousand pounds and had offered to purchase the Mannor and Warren aforesaid of the same Lady A. hath thereupon now refused to give any manner of summe for the same to her the said Lady A. and as yet refuseth nor by that meanes can the same Lady A. the same Mannor and Warren aforesaid with the appurtenances nor any parcell thereof be able to sell to any person for