to say in such a day and year at c. by his certain Writing obligatory sealed with the Seal of him the said R.N. in his life and unto the Court c. whose Date c. acknowledged himself to be holden and firmly bound unto the said R.B. in his life in the aforesaid 60. l. to be paid unto the said R.B. his Executors or Administrators on the Feast of St. Michael the Arch-Angel from thence next ensuing notwithstanding the aforesaid R.N. in his life and the aforesaid A.N. after the death of him the said R.N. although often requested c. the aforesaid 60. l. unto the said R.B. in his life and the said W.B. unto whose Administration of all and singular the Goods and Chattels Rights and Credits which were of the said R.B. at the time of his death by T. Watts Arch-Bishop of Middlesex lawfully deputed 25. day of May in the year of our Lord 1577. at London was committed have not hitherto paid nor either of them hath paid but the same unto the said R.B. in his life and the said W.B. after the death of him the said R.B. have altogether denyed to pay and the aforesaid A.N. doth deny to pay and the same unto said W. as yet doth unjustly detain to the damage of him the said W. 40. pounds and in delay of the Execution of the Administration aforesaid and thereupon he bringeth his Sute and profereth here in Court the aforesaid Letters of Administration of the said W. by which it plainly makes appear unto the Court of the said Lady the Queen here him the said W. to be Administrator of the Goods and Chattels aforesaid c. An Action upon the Statute of Maintenance ss I. F. Who aswell for the Lady the Queen as for himself prosecuteth and complaineth of H.B. in the custody of the Marshall c. of a Plea that he render unto the said Queen and unto the said I. 10. l. of lawfull c. which unto the said Lady the Queen and to the said I. who aswell c. doth owe and unjustly detein for that that is to say That whereas in the Statute in the Parliament of the Lord H. the 8. late King of England at Westminster in the County of Middlesex 28 day of April in the one and thirtieth year of his Reign began to be held and there through divers prorogations untill to the 25. day of May in the two and thirtieth year of his Reign prorogued and continued The words in pleading that the Parliament is prorâ—gued and then and there held by the said Lord the King with the assent of the Lords Spirituall and Temporall and of the Commons there it was enacted that no person or persons of whatsoever State degree or condition he or they should be or were from thenceforth hereafter he or they should unlawfully maintain or cause or procure any unlawfull Maintenance in any Action Demand Sute or Complaint in any Court of the said Lord the King of the Chancery Star-Chamber Whitehall or else-where within any the Dominions of the Kingdom of England or of Wales or in the Marches of the same where any person or persons hath or then hereafterwards should have authority by virtue of a Commission of the Lord the Kings Letters Patents or Writ to hold a Plea of Land or to examine hear or determine any Title of Land or any matter or Witnesses concerning the Title Right or Interest of any Lands Tenements or Hereditaments and also that no person or persons of whatsoever state degree or condition he or they be or were from thenceforth in time to come should unlawfully retein for maintenance of any Sute or Plea any person or persons to imbrace any Freeholders or Jurors or should suborn Witnesses by Letters reward promise or any other sinister labour or means to maintain any matter or cause to the disturbance or hindrance of Justice or to the procuration or occasioning of any Perjurie by false Verdict or otherwise in any Court aforesaid under the pain of forfeiting for every such offence 10. l. of which one moity thereof should be unto the said late King his Heirs or Successors but the other unto him who therefore will prosecute by action of Debt Bill Plaint or information in any Court of the said late King where no Essoin Protection wager of Law injunction shall be allowed as in the same Statute amongst other things is more fully contained notwithstanding the said H. the aforesaid Statute no wise regarding nor the penalty in the same contained any manner of way fearing a certain Bill of plaint before her the said Lady the Queen at W. as yet hanging undetermined between one R.K. Plaintif and the aforesaid I.F. of a Plea of Trespass on the behalf of the said R.K. against the aforesaid I.F. in such a day and year at c. hath maintained and upheld to the manifest disturbance and hindrance of Justice and in Contempt of the Lady the now Queen and against the form of the aforesaid Statute by which an Action did accrew unto the said I.F. aswell for the Lady the Queen as for himself to require and have of the said H.B. the aforesaid ten pounds notwithstanding the aforesaid H. although he hath been often requested c. the aforesaid 10. l. unto the said I.F. who aswell c. hath not as yet paid but the same to him hitherto hath altogether denyed to pay and as yet doth deny to the damage of him the said F. five pounds and thereupon he bringeth his Sute c. ss P. S. Who aswell for the Lady the Queen as for himself A Declaration upon the Statute of Perjury prosecuteth and complaineth of W. O. in the custody of the the Marshall of a Plea that he render unto the said Lady the now Queen and unto the said P. 20. l. of lawfull c. which unto the said Queen and unto the said P. who aswell c. doth owe and unjustly detein for that that is to say that whereas in a Statute in Parliament of the Lady the now Queen at W. in the County of Middlesex on the 12. day of January in the fifth year of her reign holden published amongst other things it was firmly Ordained and Enacted by the Authority of that Parliament that if any person or persons after the 10th day of April then next following either by subordination unlawfull procuration sinister perswasion or means of any other by their proper Act consent or agreement voluntarily and corruptly should commit any voluntary perjury by his or their deposition in any the Kings Chancery Courts of the Star-chamber Whitehall or elsewhere within the Kings Dominions of England or Wales or in the Marches of the same where any person or persons hath or have authority by virtue of the Kings Commission of Paâ—ent or Writ to hold Plea of Land or to examine or determine any Title of land or any matter or Witnesses concerning the Title Right and Interest of
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
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
c. whereupon he prayes judgment c. And the aforesaid R.F. sayes that he gave not of his own proper mony to the aforesayd I.P. the aforesaid 6 s. and 8 d. nor any penny thereof nor to the aforesaid T.R. the aforesaid 3 s. and 4 d. nor any penny thereof to speak their verdict for the aforesaid R. M. Defendant in the playnt aforesaid as the aforesaid W.C. above by pleading hath alleadged And of this he puts himselfe upon the Countrey And the aforesaid Plaintiffe in like manner c. AND the aforesaid T.W. by L.D. his Attorney comes and defends the force and injury when c. and all contempt and whatsoever c. And sayes that the aforesaid I. H. ought not to have his Action aforesaid against him because he saith that the aforesaid I. W. the said time wherein c. and long before and after was the servant of him the said T. W. reteyned with him in the service of a Common Labourer at D. in the County of R. And further saith that the aforesaid I. W. for whose part and long before the said time wherein the maintenance aforesaid was supposed to be made at D. aforesayd came unto him the said T.W. and requested him that he in the name of him the said I.W. would ask a certaine man learned in the Law of the Land to be of Counsell with him the said I.W. in the plaint aforesaid And that the said I.W. would well and sufficiently reward him for his labour By virtue of which request the same T.W. the said time wherein the maintenance aforesaid is supposed to be made at W. in the County of Middlesex came unto one W. F. a learned man in the Law of the Land and asked him the said W.F. to be of Counsell with him the said I. W. in the plaint aforesaid and told him the said W.F. that the aforesaid I. W. him the said W. F. would well and sufficiently reward him for his labour Which said comming to the aforesaid W.F. asking and speaking to him the said W. F. out of the Cause aforesaid are the aforesaid maintenance whereof the aforesaid I. H. above complaines And this c. whereupon c. AND the aforesaid I. H. sayes The Plaintife replies be was not his servant that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid I. W. the said time wherein c. was not the Servant of him the said T W. now retained in Service with him the said T.W. as the same T.W. above by pleading hath alleadged and this he prayes may be enquired of by the Countrey and the aforesaid Defendant in like manner therefore Command is given to the Sheriffe that he cause to come before our Lord the King at W. such a day twenty foure as well Knights c. of the Visenage of D. aforesaid by whom c. SVffolk ss T. A. who prosecutes as well for our Lady the Queen is for himself Declaration upon the Statute of mayntenance for buying of a title of Land complaines of John Calfe in the custody of the Marshall c. of a plea that he render to her the sayd Lady the Queen and the aforesaid T. A. two hundred marks for the value of one Messuage and eight Acres of Land Scituate and lying in the fields of C. in the County of Suffolk which to them the said Lady the Queen and the aforesaid T. he owes and unjustly detaines for that that is to say whereas in the Statute in the Parliament of our Lord King Henry the 8th late King of England Father of out Lady the Queen that now is at Westminster in the County of M. the 28th day of Aprill in the 11th yeare of his Raign held and there begun and from thence unto the 23 day of July then next following by diverse proroguings then and there held amongst other things it was enacted that no person or persons of whatsoever state degree or condition soever they should be of who should from thence following bargain buy or sell or by any wayes obtaine gaine or have any right or title of any person or persons in or to any Mannors c. And so recite the Statute untill One Moyetie of the said forfeitures to be to her the said Lady the Queen and the other Moyety to the party who thereupon should prosecute in any of the Courts of our Lady the Queen of Record as in the Statute aforesaid amongst other things more fully is contained yet the aforesaid I. little weighing the Statute aforesaid nor seating the punishment contained in the same the 24 day of June in the 4th yeare of our Lady the Queen one Messuage and eight Acres of Land with the Appurtenances in C. at C. in the County aforesaid of one R.F. by him the sayd I. then and there paid and afterwards to be payed bought obtained and had to him and his Heirs for ever knowing that the same R. F. nor any of his Ancestors had any right or claime to the aforesaid Messuage and eight Acres of Land with the Appurtenances nor were thereupon ever possessed of the same Messuage and eight Acres of Land nor of any reversion or remainder thereof And knowing also that he the same R. F. received not the Rent or profit thereof by the space of one whole year next before the said bargain grant and provision so between them as is aforesaid made Which said Messuage and eight Acres of Land aforesaid with the Appurtenance are worth to be sold two hundred Marks at the least By which the Action accrued to her the said Lady the Queen and to the aforesaid T. A. to require and have of the aforesaid I. the aforesaid two hundred Marks for the value of the Messuage and the aforesaid eight Acres of Land with the Appurtenances yet the aforesaid I. although often required c. the aforesaid two hundred Markes to her the said Lady the Queen nor to the aforesaid T. hitherto he hath not paid but the same to them the said Lady the Queen and to the aforesaid T. hitherto to pay he hath denied and as yâ—t denieth and the same to them the said Lady the Queen and the aforesaid T. as yet unjustly detaineth Whereupon he saith that he is worsted and hath damage to the value of 200 s. And thereupon aswell for our Lady the Queen as for himselfe be brings his Suit c. The Defendant pleads he bought not the Land against the forme of the Statute AND the aforesaid I P. by T.S. his Attorney comes and defends the force injury when c. and all contempt whatsoever c. And by Protestation not acknowledging any thing in the Declaration aforesaid specified to be true for Plea he saith that the same I. bought not obtained or had to him and his Heires of the aforesaid R. F. the aforesaid Messuage and 8 Acres of Land with the Appurtenances against the
called by the name of Ognoggo as by the VVrit aforesaid is supposed And this he prayes may be Enquired of by the Countrey And the aforesaid Defendants in like manner c. Therefore Command is given unto the Sheriff of N. that he cause to come before our Lord the King such a day wheresoever c. twenty four aswell Knights c. of the body of the County of N. by whom c. And who neither c. Misnomer of the Addition pleaded in Abatement ANd the foresaid VV. P. in his proper person comes and defends the force and injury when c. And all contenpt and whatsoever c. And sayes that be at the time of the obtaining of the Originall VVrit of the Plaint aforesaid was of the Societie of Clements Inne in the Parish of St. Clements Danes without the Barres a Member of the middle Temple London which said Societie is and at the time of the obtaining of the same VVrit and long before was a certain Societie of Men Expert in the Temporall Lawes Traverse and practising the same as also of Counsellours of the same Law VVithout that that the same VV. at the time of the obtaining the same Writ was VV.P. of London Mercer or by that name known or called as by the same Writ is supposed and this c. VVhereupon he prayes Judgement of that VVrit c. And the aforesaid I. sayes that his VVrit aforesaid Issue upon the Traverse for the reason aforesaid ought not to abate because he saith that the aforesaid VV. at the time of the obtaining the same VVrit to wit the sixteenth day of June in the eighteenth year of our Lord the King was W. P. of London Mercer and by that name known and called as by the same Writ is supposed And this he prayes may be inquired of by the Countrey And the aforesaid W. in like manner c. ss WIlliam Pole of London Smith Misnomer in the Surname pleaded in Abatement was Attached to answer I. W. of a Plea of Trespass And the same person which by the name of W. P. of London Smith by the Sheriffs of London is taken and by the same Sheriffs brought to the Bar in his proper person comes and sayes that he at the time of the obtaining of the Originall Writ of the Plaint aforesaid and alwayes afterwards was known and called by the name of William Cuason of London Smith Without that that he at the obtaining of the same Writ Traverse or ever afterwards was known or called by the name of W. P. of London Smith as by the same Writ is supposed And this c. whereupon he prayes Judgement of that Writ c. AND the aforesaid I. C. sayes The Plaintif replies that he is known and called aswell by the one as by the other that his Writ aforesaid for the reason c. ought not to abate because he saith that at the time of the obtaining of the same Writ that is to say such a day and year the same W. was indifferently known and called aswell by the name of VV. P. of L. S. as by the name of VV. C. of L. S. And this c. VVhereupon he prayes Judgement whether his VVrit aforesaid ought to abate c. AND the aforesaid VV. sayes Issue upon the Misnomer that he as the time of the obtaining of the aforesaid VVrit and ever afterwards was known and called by the name of VV. Cursen of London Smith as he above hath alleged without that the same VV. at the same time or ever afterwards was indifferently known and called aswell by the name of VV. P. of L. Smith as by the name of VV. C. of London Smith And of this he puts himself upon the Country and the aforesaid Plaintif in like manner c. Therefore the Jury is to come out of the body of the County c. Note It is to be known if the party come freely out of Prison then the Entrie ought to be thus And thereupon he bring his Sute c. And VV. C. of London Smith in his proper person comes and sayes that he is the same person against whom by the name of W. P. of L. Smith the aforesaid I. brought his Originall VVrit aforesaid And defends the force and injury when c. and sayes that he c. as before c. And the aforesaid I.C. sayes that it is well and true that the same person which now appears by the name of VV.C. of London Smith is the same person against whom the same I.C. by the name of W. P. of London Smith brought his VVrit aforesaid And sayes further that his same VVrit for the reason prealleged ought not to abate because he sayes as before c. Note Note where the partie comes in by Cepi Corpus there the Entrie must be made as before in the other Plea aforesaid c. ACTIONS OF APPEAL APPEAL ss IOan Govor of c. John Govor of Appeal of Robbery against the Principals and Abettors Trin. 24. Hen. 6. Roll. the 25. c. Richard Hopkins of c. Thomas Ireland of c. and William Quick of c. were attached by their bodies c. to answer Thomas Berd together with William Podie of c. and others of a Robbery and breach of the Peace of our Lord the King that now is whereof they are Appealed And there are Pledges c. to will c. And whereupon the same Thomas Berd in his proper person instantly Appeales the aforesaid Joan and others for that where as the aforesaid Thomas Berd was in the peace of God and of our Lord the King that now is at Huish neer Highbrig on Wednesday next after the Feast of the Invention of the holy Cross in the 24. year of the Reign of our Lord the King that now is about the hour of ten before noon of the same day where came aswell the aforesaid Joan and others who now appear as the aforesaid William Podie Some of the Defendants appear and others do not appear c. who now appear not whom the aforesaid Thomas Berd of the Robbery aforesaid might appeal if they were present to be Felon and Felons of our Lord the King that now is lying in wait and premeditating the assault against the peace of our Lord the King that now is his Crown and dignities the day year hour place and County of Somerset aforesaid And the aforesaid Thomas Ireland and others the aforesaid Thomas Berd of forty Sheep eight pair of Sheets and other Goods c. of the Goods and Chattels of the aforesaid Thomas Berd then and there found feloniously did rob take and carry away And the aforesaid Joan and others then and there were present comforting and helping the aforesaid Thomas Ireland and others to make the aforesaid felony in form aforesaid And so soon as they the said Felons the Felonie and Robbery aforesaid in form aforesaid had
he in form by them the said William Skippon Iohn Green William Waters and Iohn Hitch had and procured the same Nicholas for making his purgation in that behalf according to the Law and cuâ—â—om of this Râ—alm of England being asked then to wit at the Gaol delivery aforesaid whether he were guilty of the Felony aforesaid whereof in form aforesaid he was endicted or no and thereupon he had sayd that he was not thereof guilty and of this had then put himself upon the Country as by the Record thereupon before the Justices remaining it is fully manifest and appears the aforesaid William Skippon John Green William Waters and Iohn Hitch by Conspiracie between them at Fakenham aforesaid in form aforesaid came before the aforesaid Justices at the Assizes aforesaid and to prove him the said Nicholas guilty of the Felony aforesaid before the same justices gave in evidence upon their oath to the Jury at the Assizes aforesaid impanelled charged and sworn to enquire of the good and ill That the same Nicholas the aforesaid Mary in form aforesaid had killed and murdered according to the form effect of the Endictment aforesaid by them in form aforesaid procured which said Jury more fully understanding the truth and the Conspiracie aforesaid as is aforesaid afore had then to wit at the Assizes aforesaid said upon their oath that he the said Nicholas was not guilty of the Felony aforesaid in manner and form as the same Nicholas was endicted and he the same Nicholas then before the Justices aforesaid at the Gaol delivery aforesaid according to the Law and custom of this Reaâ—m of England was acquitted By vertue of which said Conspiracie Endictment taking giving in evidence and detension in the Prison aforesaid of him the said Nicholas by them the said William Skippon Iohn Green William Waters and Iohn Hitch in form aforesaid had and procured the same Nicholas not only in great scandall and infamy as also in danger of his life and also of the loss of all his Goods and Chattels Lands and Tenements he was fallen and elapsed unto But also divers great sums of mony for the making of himself clear in that behalf was constrained and compelled to the Damage of him the said Nicholas two hundred pound c. Lincoln Declaration in Conspiracie brought by one who was Endicted together with others c. before the Justices of the Peace and afterwards acquit by the Justices of Assizes March 14. Hen. 6. Roâ— 6. ss T. G. lately of R. in the County aforesaid Gentleman I. P. of S. in the County aforesaid Husbandman and A.B. of the same in the County aforesaid Husbandman were attached to answer A. P. lately of S. in the County aforesaid Gentleman Wherefore by Conspiracie forehad between them the aforesaid A. P. together with E. P. lately of S. in the County aforesaid Gentleman I. G. of the same in the County aforesaid Yeoman T.C. of the same in the same County Yeoman T.S. of S. in the same County Husbandman A. H. of S. in the County aforesaid Husbandman and G.P. of B. in the County aforesaid Husbandman for that he such a day and year by force and Arms that is to say with Swords Staves and Knives and other â—urtfuâ—l weapons at S. aforesaid in the County aforesaid the Close and House of R. B. did break and enter and one Cart load of Hay of the price of six shillings and eight pence of the Goods and Chattels of him the said R. B. then and there found riotously took and carried away against the Peace of our Lord the King aforesaid at C. aforesaid to be Indicted and him the said A. upon that occasion to be taken and in the Priâ—on of the Marshalsee of our Lord the King in the Court of him the said Lord the King before him the said King held untill the same A. before Humphry Coningsbie Knight and Iohn Carrill Justices of our Lord the King at the Assizes in the County aforesaid assigned to be taken on Friday the Feast of St. Anne last past at the Castle of Lincoln in the County aforesaid according to the Law and custom of the Realm of our Lord the King of England he was thereof acquitted to be deteined falsly and maliciously at C. aforesaid they did procure to the great damage of him the said A. and against the form of the provision in that case provided And whereupon the same A. by VV. V. his Attorney complains that the aforesaid T.G. I.P. and R.B. by Conspiracie forehad between them at C. aforesaid in the County of Lincoln aforesaid on Tuesday next before such a Feast such a year aforesaid the aforesaid A. together with E. P. lately of S. in the County aforesaid Gent. and the rest as before for that he the seventh day of October in the tenth year of the Reign of our Lord the King aforesaid with force and arms that is to say Swords Staves and Knives and other most hurtfull weapons at S. aforesaid in the County aforesaid the Close and House of R. B. did break and Enter And one Cart-load of Hay to the value of six shillings and eight pence of the 〈◊〉 and chattells of him the said R. B. then and there found rioâ—â—â—â— he took and carried away against the Peace of our said Lord the â—â—ng at C. aforesaid on Tuesday next before such a feast such a year aforesaid before W. Tirwhit R. Terwhit and W. H. Knights and their Companions Justices of our Lord the King for the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the parts of Lindsey in the County aforesaid committed to be Indicted and him the said A. upon that occasion on Wednesday next after Fifteen dayes of Easter in such a year at VVestminster in the County of Middlesex to be taken and in the Prison of the Marshall of our Lord the King in the Court of him the said Lord the King before him the said King had untill the same A. before H.C. and I.C. Justices of our Lord the King at the Assizes in the said County of Lincoln assigned to be taken on Friday the Feast of St. Anne last past at the Castle of Lincoln in the County aforesaid according to the Law and Custom of the Realm of our Lord the King of England he was thereof acquitted to be deteined falsly and maliciously at C. aforesaid they procured against the form of the provision aforesaid Whereupon he saith that he is damnified One of the Defendants Iustifies as a Counsellour at Law and the other as Witnesses to testifie a Riot before the justices of the Peace which is the same Conspiracie whereof c. and hath damage to the value of forty pounds And thereupon he brings his Sute c. And the aforesaid T.G. I.P. and R. B. by I. L. their Attorney come and defend the force and injury when c. And all Conspiracie c. And say that the aforesaid A.
ought not to have his action against them c. because by protestation they say that the aforesaid A. was never taken and deteined in Prison of the Marshalsee of our Lord the King before him the said King by reason of the Indictment aforesaid in manner and form as he above hath declared yet for Plea they say that long before the Conspiracie aforesaid supposed to be made the aforesaid E.P. I.G. T.C. T.S. and A.H. the aforesaid seventh day of October in the tenth year of our Lord the King that now is aforesaid by force and arms that is to say with Swords Staves and Knives at S. aforesaid in the aforesaid County of Lincoln the Close and House of the aforesaid R. B. they did break and enter and one Cart-load of Hay to the value of six shillings eight pence of the goods and chattels of him the said R. B. then and there found they riotously took and carried away And for that that the aforesaid A. P. was there present at S. aforesaid at the said time of the Riot and Trespasse aforesaid committed And in like manner that the common voice and fame was that the Riot and Trespass aforesaid was done and committed by the Command of the aforesaid A. and the aforesaid R. B. after the Riot and Trespass aforesaid committed and before the Conspiracie aforesaid supposed to be made came to the aforesaid T. G. unto B. in the County aforesaid for that the same T. G. was learned in the Law of 〈◊〉 Land And to him the said T. G. reported the whole matter 〈◊〉 Riot and Trespass aforesaid And prayed Counsell of him the 〈◊〉 T. what in that matter was fit to be done And the foresaid T. G. then and there demanded of the aforesaid R. B. whether he had any testimony of the Riot and Trespass aforesaid And the same R. R. said that the aforesaid I. P. was present at the same time of the Riot and Trespass aforesaid committed and knows to testifie all the premisses said by the said R. B. to be true By reason whereof they the same T. G. I. P. and R. B. had suspition that the aforesaid A. was guiltie of the Riot and Trespass aforesaid Upon which the same T.G. I.P. and R. B. after and before the time of the Conspiracie aforesaid supposed to be made at C. aforesaid in the County aforesaid had conference together of the Riot and Trespass aforesaid in form aforesaid committed and what was further more fit to be done for the punishment and reformation of the aforesaid Riot and Trespass Upon which the aforesaid T. G. then and there Counselled the aforesaid R. B. and I. P. that they should be at C. aforesaid in the County aforesaid at the next Generall Sessions of the Peace there to be held to shew the Justices of the Peace of our Lord the King of the Riot and Trespass aforesaid to that intention that the same Justices at the same Sessions of the Peace may be able to make Enquirie of the same Riot and Trespass amongst other things By which they the same R. B. and I. P. on the said Tuesday next before c. at C. aforesaid before W. Tirwhit R. Tirwhit and W. H. Knights and other Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanors in the parts of Lindsey in the County aforesaid committed they came and to the same Justices then and there in full Court sitting they gave information of the Riot and Trespass aforesaid And to them a certain Bill conâ—eining the Riot and Trespass aforesaid by the aforesaid A.E. I.G. T.E. T.S. c. committed then and there did exhibite and deliver which said Bill the aforesaid Justices of the Peace there to certain persons of the same County then and there to enquire of the Riot and Trespass aforesaid amongst other things there sworn they did deliver thereupon to declare the truth of the premisses And further the same R. B. and I. P. say that they before the aforesaid Justices at their Command were sworn to declare true information and evidence to the aforesaid Jurie to the matter conteined in that Bill By vertue whereof they the said R. B. and J. P. to the same Jurie of the Riot and Trespass aforesaid gave Evidence Which said Conference of the aforesaid T.G. R.B. and I.P. of the premisses in form aforesaid and the exhibition of the aforesaid Bill to the aforesaid Justices of the Peace as also the information and declaration of the Evidence aforesaid to the aforesaid Jury in form aforesaid are the same Conspiracie whereof the aforesaid A. P. now complains of And this c. whereupon he prayes Judgement whether the aforesaid A. should have his action c. And the aforesaid A. sayes that he by any thing The Plaintif replies that they Conspired of their proper injurie without any such cause c. ought not to be debarred c. because he saith that they the said T.G. R.B. and I. P. the aforesaid time of the Conspiracie aforesaid made of their proper injurie and malice and without such cause by them the said T. G. R. B. and I. P. above by pleading alleged him the said A. together with the aforesaid E. P. I. â— T.C. T.S. A.H. and E. P. of the Riot and Trespass aforesaid to be indicted and him the said A. upon the occasion to be taken and in Prison aforesaid to be deteined falsly and maliciously they procured in manner and form as the aforesaid A. above against them complaineth And this he prayeth may be Enquired of by the Countrey And the aforesaid T.G. R.B. and I. P. in like manner c. Therefore c. N. L. lately of Trucleston in the County aforesaid Knight Declaration in a Writ of Conspiracie upon the Statute of 8. Her 6. where one of the Defendants approves upon the Distringas and the other upon the attachment Mich. 15. Hen. 7. Roll. 35. in mony for many defaults c. the same N. and R. A. lately of I. in the Parish of H. Yeoman and I.S. lately of A. in the County aforesaid Yeoman and I.H. lately of M. in the County aforesaid Taylor were attached to answer aswell our Lord the King as Y. M. lately called T. M. of Westminster in the County of Middlesex Spinster of a Plea wherefore whereas in the Statute in the Parliament of our Lord Henry the sixth late King of England at Westminster in the eighth year of his Reign hold It is Ordeined and established that every of the Liege people of our Lord the King of treason felony or Trespass by any Indictment or appeal before Justices of the Peace or any other having power to take the same Indictments or Appeals or any Commissioners or Justices in any County Libertie or Franchise of England to be taken Indicted or appelled dwelling in any County other than where the same Indictment or appeal was taken and afterwards
thereupon by Verdict should be duly acquitted should have his Writ and Action upon the Case against every procurer of such Indictment or appeal And that there be such Process in and upon the same Writ as of Trespass by force arms made And if such Procurer shall be convict in that behalf the Plaintif shall recover his Damages to the treble Provided alwayes that the said Ordinance extends not it self to an Indictment or Appeal taken or to be taken in the County of Chester as in the aforesaid Statute more fully is conteined The Indictment for breaking a House and Chest and taking away of goods Yet the aforesaid N. R. I. and R. at Winchester falsly and maliciously have procured the aforesaid T. for that he and T. L. lately of I. in the County aforesaid Labourer and others such a day and year by force and arms that is to say with Swords Staves Bowes and Arrows the House and Chest of R. A. at I. aforesaid they did break and enter and three Girdles Embroidered with Silk and Gold to the value of 40. shillings of the goods and chattels of the aforesaid R. A. then and there found feloniously they took and carried away against the peace of our said Lord the King before W. F. and I. H. and their Companions Justices of our said Lord the King of the peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanors in the aforesaid Countie of Southampton to be indicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of Middlesex dwelled and as yet dwells by which procurement the same T. so indicted by divers labours and Expences untill before the beloved and faithfull of our Lord the King T. Wood and I. Reed Justices of our Lord the King at the Assizes in the aforesaid County of Southampton assigned to be taken by the form of the Statute thereupon lately published and provided by Vertue of the Writ of our Lord the King of Nisi prius at Winton taken thereupon according to the Law and Custom of the Realm of our Lord the King of England was duly acquitted was grievously troubled and vexed in the Contempt of our said Lord the King that now is and his the said T. great damage and against the form of Statute aforesaid c. And whereupon the same T. who aswell c. by W. F. her Attorney complains that the aforesaid N. R. I. and I. the twelfth day of September such a year at Winton falsly and maliciously procured the aforesaid T. for that she and T. L. lately of H. in the County aforesaid Labourer and others the twenty sixth day of August in the second year of the Reign of our Lord the King that now is with force and arms that is to say with Swords c. the House and Chest of R. A. at I. aforesaid they did break and Enter and three Girdles embroydered with Silk and Gold to the value of forty shillings of the goods and chattells of the aforesaid R. A. then and there found feloniously they took and carried away against the Peace of our said Lord the King before W. F. and I. H. and their Companions then Justices of our said Lord the King of the Peace as also assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the aforesaid County of Southampton such a day and year at W. in the County of S. aforesaid to be Endicted although the same T. at the time of the taking of the Indictment aforesaid at Westminster in the County of M. dwelt and as yet dwells By which procurement the same T. so indicted by divers labours and Expences untill before the faithfull and beloved c. T.W. and R. R. Justices of c. in the aforesaid County of S. assigned to be taken by the form of the Statute c. by vertue of the Writ of our Lord the King of Nisi prius on Monday next after the Teast c. such a year at Winton taken according to the Law c. then there was duly acquitted c. was grievously troubled and vexed in the Contempt of our Lord the King that now is and his the said T. great damages And against the form of the c. Whereupon he saies that he is worsted and hath damage to the value of 100. pounds And thereupon aswell c. he brings his Sute c. Southampton ss N. L. lately of c. Knight I. H. lately of The same by the man and the wife for Felonie supposed to be done by the wife where she was indicted before the Justices of the Peace and acquitted by the Justices of Assize by a Writ of Nisi prius c. Taylor and I. W. lately of c. Yeoman were attached to answer T. M. and T. his Wife lately called T. M. at Westminster in the County of Middlesex Spinster together with I. Waterman lately of T. in the County aforesaid Teoman of a Plea wherefore by Conspiracie at Winchester between them forehad the foresaid T. for that she and T. L. lately of T. in the County aforesaid Labourer and others such a day and year with force and arms that is to say with Swords Staves and Knives the House and Chest of H. at T. they broke and Entred and three Girdles Embroydered with Silk and Gold to the value of forty Shillings and two Table clothes to the value of twenty shillings of the goods and chattells of the said H. then and there found feloniously they took and carried away against the Peace of our Lord the King to be indicted and her the said T. upon that occasion to be taken and in the Prison of the Gaol of our Lord the King of Winchester untill the same T. in the Court of our Lord the King before the beloved and faithfull of him the said Lord the King T. W. and R. R. Justices of the Assizes of him the said Lord the King in the County aforesaid assigned to be taken by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius at Winchester according to the Law and Custom of the Realm of our Lord the King of England she was thereof acquitted to be detained falsly and maliciously they procured to the great damage of them the said T. M. and T. And against the form of the Ordinance in that case provided c. And whereupon the same T. M. and T. by VV. F. their Attorney complain that the aforesaid N.I.H. and I.VV. of I. c. together with c. by Conspiracie between them forehad such a day year and place the aforesaid T. for that she and T. L. lately of c. and others such a day and year by force and arms c. as before against the peace c. before VV.F. and I. H. and their Companions Iustices of our said Lord the King of the
peace as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours in the same County of S. on Monday next after such a Feast such a year at Winchester in the aforesaid County of S. to be Indicted and her upon that occasion such a day year and place to be taken and in the Prison of our Lord the King of his Gaol of Winchester Untill the same T. in the Court of our Lord the King before the beloved and faithfull of our said Lord the King T.VV. and R. R. Justices of the Assizes of our said Lord the King assigned to be taken in the County of S. by the form of the Statute thereupon published and provided by vertue of the Writ of our Lord the King of Nisi prius on Monday next after such a Feast such a year at Winchester taken according to the Law and custom of the Realm of our Lord the King of England thereupon he was there acquitted to be deteined falsly and maliciously they procured to the great damage of them the said T. M. and T. and against the form of the Ordinance in that case provided c. Whereupon they say that they are worsted and have damage to the value of 100. l. And thereupon they bring their sute c. One of the Defendants pleads not guilty and the other that at the time of the originall issuings c. he was inhabiting at Thrukleston and not at Truckleston and so not the same person And the aforesaid N. L. I. H. and I.VV. lately of I. c. by A.G. their Attorney come and defend the force and injury when c. And the aforesaid I. VV. and I. H. lately of I. say that they are in nothing guilty c. And upon this they puts themselves upon the Country c. And the aforesaid T. M. and D. in like manner c. And the aforesaid N. L. sayes that he the day of the issuing forth of the originall Writ of the aforesaid T. M. and T. was dwelling and conversant at Thruckleston in the County of S. without that that the same N. ever was dwelling oâ— conversant at Traxston as by the aforesaid Writ it is supposed and this he is ready to aver whereupon he prayes judgement of the Writ c. And the aforesaid T. M. and T. say that they by any thing by the aforesaid N. L. prealleged their Writ aforesaid ought not to be quashed because as to the Plea of the aforesaid N. L. in quashing of the Writ aforesaid above pleaded The same T.M. and T. say that the aforesaid Village of T. the said day of the obteining the originall Writ of them the said T. M. and T. to Wit the 6. day of January in the 9. year of the Reign of the King that now iâ— was known and called aswell by the name of the Viâ—lage of Truxston as by the Writ aforesaid is supposed as by the name of the Village of Truckleston and this they pray may be enquired of by the Country and the aforesaid N. in like manner Therefore the Jury thereupon is to come before our Lord the King from the day of St. Michael in fifteen dayes wheresoever of the Visonage of T. by whom c. And who neither c. to Recognize c. Because aswell c. The same day is given to the parties aforesaid now appearing c. ANd the aforesaid I. P. and W. by R. R. their Attorney come and defend the force and injury when Justification in Conspiracy for that the Defendant was one of the Jury with other Jurors before the Justices of the Peace at the Sessions c. And all Conspiracie and whatsoever c. And the aforesaid I. sayes that he is not guilty c. And of this he puts himself upon the Country and the aforesaid W. by Protestation acknowledging not any such Conspiracie as is above supposed But that the aforesaid R. ought not to have his action aforesaid against him because he sayes that at the time wherein the aforesaid R. supposeth himself in form aforesaid to be Indicted he then together with other Iurors by the Sheriff of the County aforesaid was impanelled and summoned to appear before the aforesaid late Iustices of the Peace at Norwich to doe there before the same Iustices of the Peace that which by the same Iustices on the behalf of our Lord the King should be enjoyned them by reason whereof he with other Iurors then and there before the same Iustices of the peace appeared and by the same Iustices of the Peace upon the book were sworn and changed by their oath to enquire for the King of all Felonies Trespasses and other articles in the Commission of our said late Lord the King Father of our Lord the King that now is to the aforesaid Iustices of the Peace directed conteined within the County aforesaid done or committed and he together with other Iurors before the aforesaid late Iustices of the Peace upon the book then sworn and charged him the said R. according to their conscience by form of Law of the Felonie in the Writ and Declaration above specified did Indict Which all and singular he is ready to aver Whereupon he expects not that the aforesaid R. ought not his action aforesaid for any Conspiracie in that Case to maintain against him c. And prayed judgement c. And the aforesaid R. sayes that he from his action of Conspiracie aforesaid against the aforesaid W. by any thing by him the said W. prealleged ought not to be debarred Because he saith that he the day and year c. in the Declaration above specified together with the aforesaid I. Conspired to Indict him the said R. of the Felony aforesaid Traverse in the form wherein he above by his Writ and Declaration supposeth Without that that there is had any such Record in which it is contained that he before the aforesaid Justices of the Peace together with other Jurors was sworn on him the said R. of the Felony aforesaid in form aforesaid as he above by pleading hath alleged and this he is ready to aver and for that he gain saith it not c. he prays judgment c. And the aforesaid W. by Rejoinder saith that there is had such a Record in which is contained that he before such and such late Justices of the Peace together with other Jurors was sworn and that they the aforesaid R. of the Felonies aforesaid in form aforesaid Indicted as he above by pleading hath alleged and this he avows in the Records in the Rolls of them the said late Iustices of the Peace under the custodie of the Iustices of the Peace of our Lord the King that now is in the County aforesaid reserved c. And the aforesaid R. in like manner c. Therefore as to that above of the issue pleaded above to be tryed Command is given to the Sheriff that he cause to come before our Lord the King in eight
dayes of St. Michael wheresoever c. 24. c. of the visonage of H. by whom c. And who neither c. To Recognize c. Because aswell c. The same day is given to the parties aforesaid c. And as to this that the aforesaid W. allegeth that there is had such a Record in which is contained that he together with other c. were sworn c. And calls that to be upon Record in the Rols of the aforesaid late Iustices of the Peace under the custody of the Iustices of the Peace of our Lord the King that now is in the County aforesaid residing It is said by the Court here that the same W. have that Record at his Perill before our Lord the King at the aforesaid dayes of St. Michael if it shall seem expedient unto him and upon this the same W. prayes a Writ of certiorare c. And it is granted unto him By which command is to the same Justices of our Lord the King that now is that having searched the Rols and other their Remembrances in their custodie being of Record and what thereupon of the premises they shall find in them to our Lord the King at the aforesaid eight dayes of St. Michael they send the same day is given to the parties aforesaid c. At which day before our Lord the King at Westminster came the parties aforesaid by their Attorneys aforesaid and the aforesaid Thomas Dorham lately Iustice of the Peace of the aforesaid late King and Iustice of the peace of our said Lord the King that now is to whom the Writ of our Lord the King that now is was directed to certifie c. To him the said Lord the King hath certified as followeth In the Inquisition c. And as to that that it was commanded the Sheriff that he should cause to come between the said R. and I. 24. c. to make the Iury aforesaid And the Sheriff returns the names of the 24. whereof none c. Therefore command is given to the Sheriff that he destrein them c. that they be before our Lord the King in eight dayes of St. Hilary wheresoever c. to make the Iury aforesaid the same day c. that is to say aswell to the aforesaid I. thereupon as to the said W. in the state they are now in of hearing the aforesaid certifying because the Court is not advised c. A Declaration in the nature of Conspiracy for cousening one to be falsly Indicted for a common Barenton Trin. 1. Jacobi Regis Rot. 869. LOndon ss William Berkwith complains of R. P. L. G. and E. M. in the custody of the Marshall c. for that whereas the same W. was a good true and lawfull c. And of a good name same and reputation c. and without any crime of Baretory seditiousness or causer of any Murder Manslaughter or disturber of the peace of our Lord the King untouched unaccusused and unspotted hath hitherto remained By reason whereof c. yet the aforesaid Defendants not ignorant of the premises plotting c. such a day and year at London in the Parish of St. Laurence in the old Iury London in the Ward of Cheap London before R. Salstonstall then Maior of the City aforesaid W. VVeb and I. Spencer Knights Iustices of our Lady the Queen for the keeping of the peace in the Citie aforesaid and the Suburbs of the same as also assigned to hear and determine of divers Felonies Trespasses and other Misdemeanours within the same City and the Suburbs thereof made and committed falsly and maliciously they caused and procured to be Indicted for that he the aforesaid Plaintiff such a day and year aforesaid having not God before his eyes but moved and seduced by a diabolicall instigation at London that is to say in the Parish of St. Sepulchers without Newgate in the Ward of Farington without in the Suburbs of the City of London aforesaid and divers other dayes and seasons aswell before as after that time within D. aforesaid was and yet is a very evill person of dishonest name fame and conversation a common Baretor and a great disturber of the Peace of our Lady the Queen so that he is very like to make and cause murder manslaughter strifes discords and other great grievances between the true and faithfull subjects of our Lady the Queen that now is to the great damage and hurt of the good and faithfull subjects of our said Lady the Queen and to the most pernicious example and evill encouragement of all other Malefactors in the like kind and against the peace of our said Lady the Queen her Crown and dignities as also against the form of the Statute in the like case published and provided Upon which afterwards command was to the Sheriffs of London by the Writ of our Lady the Queen that they should cause the aforesaid W. to come before the Justices of our Lady the Queen at the Gaol delivery of Newgate held for the City of London at the Justice Hall in the Old Baly in the Parish of St. Sepulchers in the Suburbs of the City aforesaid on Wednesday the 15. day of February in the 40. l. year aforesaid before R. Salstonstall Maior of the City aforesaid John Popham Knight chief Justice of the Pleas c. E. Anderson Knight chief Justice of the Common Bench Francis Darcy Knight R. Martyn Knight I. Hart Knight W. Web Knight John Croke Recorder of the City aforesaid S. Somes and N. Moseley Aldermen of the City aforesaid M. Dale and I. Dalton Esquires Justices of the Lady the Queen assigned for her Gaol delivery of Newgate aforesaid of the Prisoners therein being the aforesaid Plaintiff under the Custodie of H. Rowe and I. Moore Aldermen and Sheriffs of the City aforesaid at the Bar then and there brought in proper person before the aforesaid Iustices and then and there had to hear the Indictement aforesaid said that he of the Trespass and contempt in the Indictement aforesaid above specified was in nothing thereof guilty as in the Indictement aforesaid was supposed and of that he then put himself upon the Country and the aforesaid Queen in like manner c. Therefore it was commanded the aforesaid Sheriff of the City aforesaid that they cause to come before the Iustices aforesaid thereupon a Iury there immediatly and who neither c. To Recognize c. Because aswell c. And the Iurors of that Iurie by the aforesaid Sheriffs of the City aforesaid to that impanelled and called in like manner then and there came to wit I. L. T. R. c. and so recite the Iury who to speak to the truth of the premises in the Indictment aforesaid specified being chosen tryed and sworn said upon their oaths that the aforesaid Plaintiff was not guilty of the Trespass and contempt aforesaid in the Indictement aforesaid specified as by the same testimony was supposed Therefore it was then considered by
Lady Elizabeth are Queen of England at Westminster the 23. day of November in the 27. year of her Reign held and published from the aforesaid Court of our Lord the King that now is here before him the said King were transmitted And the aforesaid T. S. E. and T. Fen in the same Court of the Exchequer Chamber aforesaid have assigned divers matters for Errors in the Record and Process aforesaid for revoking and annihilating of the judgement aforesaid to which the same E. and R. in the same Court appearing pleaded that neither in the Record nor Process aforesaid nor in the rendring the judgment aforesaid there was in any thing Error Afterwards to wit on Saturday the 9. day of Pebruary in the aforesaid second year of our said Lord the King in the same Court of Exchequer Chamber aforesaid the premises being seen and by the Court of our Lord the King here diligently examined and fully understood Aswell the Record and Process aforesaid and the judgement aforesaid upon the same rendred as the aforesaid causes of Errors aforesaid by the aforesaid T. S. E. and T. F. above alleged and assigned For that that it seems to the Court here that the Record aforesaid is in nothing vitious and defective And that the Record aforesaid was in nothing Erronious Therefore it was considered if that the judgement aforesaid in all things be affirmed and continue in all his force strength and effect notwithstanding in any thing the said causes of Error above assigned and alleged And further it was considered of in the Exchequer Chamber aforesaid that the aforesaid E. R. should recover against the aforesaid T. S. E. and T. F. 100. s. to them the said E. and R. of their assent by the Exchequer Chamber aforesaid adjudged according to the form of the Statute thereupon published and provided for the damages costs and charges which they had by delay of the Execution of the judgement aforesaid by reason of the prosecution of the aforesaid Writ of Error And thereupon the Record and Process before the aforesaid Justices of the common Bench and Barons of the Exchequer aforesaid in the premises had They the same Justices of the Common Bench and Barons of the Exchequer aforesaid before our said Lord the King wheresoever c. they remit according to the form of the Statute aforesaid which to the said Court of our Lord the King now reciding c. ACTIONS OF ESCAPE ESCAPE R L. Executrix of the testament Escape against a Sheriff upon an Arrest upon a Bill of Middlesex c. complains of S. S. and H. C. lately Sheriffs of the County of Middlesex in the Custodie of the Marshall c. For that that is to say whereas one G. S. of c. such a day and year at London in the Parish c. by his certain writing obligatory with the Seal of him the said G. sealed and in due manner made bearing date the same day and year acknowledged himself to be bound and firmly obliged to the aforesaid I. in his life time in 20. s. of lawfull mony of England to be payd to him the said I. when he should be thereunto required with a condition thereupon indorsed for true payment of 12. s. of like mony c. upon the day of the Feast of the Ascension of our Lord then next following which said 12. s. the aforesaid G. to the aforesaid I. in his life time or to the aforesaid R. after his the said I. his death he hath not paye but the aforesaid G. forfeited the aforesaid 20. s. to the aforesaid I. in the writing obligatory conteined For the more speedy recovery of which said sum of 20. â— the aforesaid R. after the death of the aforesaid I. her Husband to wit in the Term of Easter in the 27. year of the Reign of our Lady the Queen that now is before her the said Lady the Queen at Westminster had come and obteined out of the same Court of the Lady the Queen before her the said Queen a certain precept of her the said Lady the Queen directed to the then Sheriffs of the aforesaid County of Middlesex By which it was commanded to them the said then Sheriffs that they should take the aforesaid G. if c. And safely c. So that they might have his body before our Lady the Queen at Westminster on Friday next after the morrow of the holy Trinity then next following to answer the aforesaid R. of a Plea of Trespass And that they should have there then that Precept to that intent that the same R. as executrix of the testament of the aforesaid l. in the same Court of our Lady the Queen here might declare and prosecute her Bill against the aforesaid G. for the debt aforesaid by the aforesaid writing obligatory done which said Precept the aforesaid R. afterwards to wit such a day and year and place delivered the aforesaid Sheriffs in form of Law to be executed by force of which said precept the aforesaid S. S. and H. B. then Sheriffs of the aforesaid County of Middlesex afterwards and before the return of the same to wit such a day and year at I. in the aforesaid County of Middlesex took and arrested the aforesaid G. And him the said G. under their safe custodie then and there had and deteyned And he the said G. being so in custody of them the said late Sheriffs They the said late Sheriffs afterwards to wit the aforesaid such a day and year led the aforesaid G. unto the City of London And him there so negligently kept that the same G. afterwards to wit the same such a day and year at London in the Parish and Ward aforesaid from the custody of them the said late Sheriffs did goe away and Escape And they the said late Sheriffs him the said G. to go at large whithersoever he would they did permit the aforesaid R. of the aforesaid 20. s. then and as yet being in no wise satisfied And the said G. being so gone away Escaped and permitted to goe at large from the custody of them the aforesaid late Sheriffs as aforesaid the same G. kept himself so secretly and privately that she the said R. could not procure any Writs or precepts to be served upon the aforesaid G. for the recovery of her debt aforesaid By which the same R. sayes that she hath not only Expended lost and let goe divers great Expences and Charges in and about the aforesaid Arrest of the aforesaid G. but also remains totally frustrate of all other remedy for the recovery of the debt aforesaid whereupon she saith that she is worsted and hath damage to the value of 40. s. And thereupon she brings her sute c. And she brings here into Court the Letters testamentary c. The Defendants plead they did make the Arrest And the aforesaid S. H. by T.B. their Attorney come and defend the force and injury when c. And say that the
any Lands Tenements or Hereditaments or in any Courts of Record or in any Leet or View of Frank-pledge in a Court day called Law-day or in any Court in antient Demesn Hundred Court Court Barron or in the Court or Courts of the Stannery in the County of Devon and Cornwall or being examined to the perpetuall memory of a thing that then whatsoever person and persons so offending and being duly convicted or attainted by the Laws of this Kingdome of England for his or their said offences shall lose and forfeit unto the said Lady the Queen 20. pounds and should have Imprisonment by the space of six moneths without Bail or Mainprise and that the Oath of such person or persons so offending from thenceforth afterwards in any Court of Record should not be taken within this Kingdom of England or Wales or Marches of the same till what time the Judgement given against the said person or persons should be made void or revoked by Attainder or otherwise that upon every such kind of Revocation the parties grieved shall recover his or their Dammage against all and singular such person and persons as should procure the said Judgement so revoked to be rendered against him or them or any of them by Action or Actions to be prosecuted upon his or their Case or cases according to the course of the Common Lawes of this Kingdome of England and if it should happen the said offendor or offendors not to have any goods or chattells to the value of 20. pounds that then he or they should be put upon the Pillory in any Market place within the County City or Burrough where the said offence should be committed by the Sheriff or his Officers if they should happen to be without any City or Town Corporate then by the chief Officer or Officers of such City or Town Corporate or by his or their Officers And there should have both his ears nayled and from thenceforth should be discredited and disabled for ever to be sworn in any the Kings Courts of Record aforesaid untill the Judgement should be reversed and thereupon to recover his Damages in manner and form before mentioned one Moity of which said sum of Money to be forfeited in manner and form aforesaid should be to the said Lady the now Queen her Heirs and Successors and the other Moity thereof unto such person or persons as should be grieved hindred or molested by reason of the offence or offences before mentioned who therefore would prosecute by action of Debt Bill Plaint Information or otherwise in any the Kings Courts of Record in which no Wager of Law Essoin Protection or Injunction should be allowed as in the said Statute amongst other things more fully it is manifested and it appeareth And where also c. ss A. B. Late of London Taylor Declaration in Debt after Verdict and Judgement in Trespas in the Kings Bench upon Recognizance there against one of the Bayl. Easter 6. H. 8. Roll. 432. was Summoned to answer R.H. of a Plea that he render unto him 100. pounds of lawfull money of England which c. And thereupon the said R. by R. I. his Attorney saith that whereas he the Monday next after fifteen dayes of the holy Trinity in the fourth year of the Reign of the now King before him the said Lord the King at Westminster in his proper Person came and appeared and then and there in the Court of the said King brought his Bill against one W.G. Mercer in the Custody of the Marshal of the Marshalsea of the Lord the King before him the King then and there being of a Plea of Trespass and the Pledges to prosecute are Philip Mason and John Wicham by which said Bill the said R. Complained of the said W. of that that he the second day of July in the third year of the said now King with force and arms that is to say with Swords c. the house of him the said R. at London in the Parish c. had broke and other wrongs to him had done against the Peace c. to the damage c. and the aforesaid W. by T.C. his Attorney appearing commeth and defendeth the force and Injury when c. and saith that he in no wise was thereof guilty concerning the Trespass aforesaid as the said R. above against him Complained And of this he put himself upon the Countrey And the aforesaid R. likewise c. therefore thereupon commeth the Jury before the Lord the King at Westminster the Monday next after eight c. of St. Michael And who neither c. to Recognize Entrie of Recognizance after Issue ioyned c. because aswell c. the same day was given to the parties aforesaid there c. And upon this before the said Lord the King at Westminster in the said County of Middlesex personally then and there commeth I.G. of London Gent. and L.G. of London Gent. and the aforesaid A. the Manucaptors for the said W.G. that is to say under the pain of 100. pounds which they acknowledged and every of them for himself acknowledged of his Lands and Chattels and of every of them to be done And to the use of the said R. to be levyed and likewise the said W.G. assumed for himself under the pain of 100. pounds which he acknowledged of his Lands and Chattels to be executed and to the use of the said R. to be levyed if the said W. all such Damages Costs and charges in which it should happen him the said W. in the Plea aforesaid in any manner lawfully to be overthrown doth neither pay or himself to the Prison of the Marshall of the Lord the King before him the King in that occasion not to render c. At which said day of Monday next after eight c. of St. Michael before him the Lord the King at Westminster commeth aswell the aforesaid R. in his own person as the said W.G. by his foresaid Attorney And the Sheriff then sendeth a Writ of Venir ' fac ' 24. c. in all Services and Executions together with the Pannell of the names of the Jurors thereupon impannelled upon which the Jurors of that Jury being called likewise come who being chosen tryed and sworn to speak to the truth of the Premisses Say upon their Oath that the said W. was guilty of the Trespass aforesaid even as the said R. had above Complained And they Assessed the Damage of him the said R. by reason of the Trespass as in the Verdict for which it was considered at that time in the same Court before him the Lord the King that the said R. should recover against the said W c. as in the Record even as in that Record it more fully appeareth And the said R. saith that afterwards the said W.G. in Damage Costs and charges aforesaid was convicted and after Judgement was thereupon given hitherto the said W.G. the Damage Cost and Charges unto the said R. hath not paid
appurtenances in those years of the Lord depasturing feeding and lying c. and so repeat all the Tithes the Defendant sued for in the 8th day of October in the 31. year of the Reign of the said now Queen at London that is to say in the Parish of the blessed Mary in the Arches c. drew into Plea and the said Defendant him the said V. the now Plaintif into the said Court Christian before the said spirituall Judge by the said occasion altogether unjustly inforced to appear and to answer unto the Defendant of and in the premisses And although the said V. the now Plaintif the said Statute and the rest of the premisses in discharge of the payment of the said Tithes by the said Defendant in the said Court Christian as afore it is said being required often had pleaded and alleged and had brought to prove that truth inevitable testimony Notwithstanding which the said spirituall Judge altogether refused to admit that Plea and Allegation And the said Defendant him the said V. the now Plaintif in the said Court Christian in the said Cause of Substraction of the Tithes aforesaid with all his force indevoured and from day to day devised to condemn and to compell to pay the said Tithes unto him by the definitive Sentence of the said Christian Court. Delivery of the Writ of Prohibition alleged And although the Writ of Prohibition of the said now Queen unto the said Defendant the third day of November in the 31. year of the Reign of the said now Queen aforesaid at London aforesaid in the Parish of c. in this behalf in the premisses directed and was delivered Notwithstanding the said Defendant the said Plea after that Prohibition unto him to the Contrary thereof directed delivered as afore is said that is to say the seventh day of November in the 31. year of the Reign of the said now Queen abovesaid in the said Court Christian before the spirituall Judge at London aforesaid in the Parish c. was further sued and in that Plea proceeded notwithstanding the said Writ of the said Queen of Prohibition unto him in form aforesaid directed and delivered to the contempt of the said now Queen and to the manifest damage prejudice Impoverishment and grief of him the said V. the now Plaintif and against the form and effect of the said Acts and Statutes whereupon the said V. the now Plaintif who aswell c. saith that he is the worse and hath damage to the value of 26. pounds And thereupon aswell for the said Queen as for himself produceth the Sute c. with this that the sayd V. the now Plaintif will prove that the sayd V.R. who demised the said Tenements with th' appurtenances called the Demesns unto the said V. the now Plaintif in form aforesaid is yet alive and in full life at B. with N. aforesaid remaineth And the said Defendant by Stephen Worley his Attorney commeth Defendant saith that the Abbot did not hold the Tenements discharged from the payment of Tithes and defendeth the force and Injury when c. all Contempt and whatsoever c. And saith that he did not sue the said Plea in the Court Christian aforesaid after the Queens Prohibition unto him to the contrary thereof first directed and delivered in manner and form as the said Plaintif above and against him Complaineth And of this c. And the said c. But for Consultation of the said now Queen thereupon had the said Defendant protesting that the said Rectory is not nor from the time c. was a Rectory appropriate Protestation and protesting also that the said late Abbot of the said late Monastery of the blessed Mary and St. Egwyn of Evesham aforesaid at the said time of the dissolution and suppression of the said late Monastery by all his Predecessors Abbots of the same late Monastery for the time being from the time of which to the contrary c. were not seized aswell of the Rectory aforesaid with th' appurtenances as of the said 500. acres of land 40. acres of Meadow and 100. acres of Pasture with th' appurtenances in B. with N. aforesaid called the Demesns Together at once and all at once together at once and all at once in his Demesn as of Fee in the right of his said late Monastery And also protesting that by reason thereof the said late Abbot and all his Predecessors Abbots of the said late Monastery for the time being did not hold the said Tenements with th'appurtenance called the Demesns and every parcell thereof from the time of which to the contrary c untill the said time of the dissolution or suppression of the said late Monastery in manner and form as the said Plaintif afore against him complaineth for Plea the said Defendant saith that the said late Abbot at the said time of the dissolution or suppression of that Monastery did not hold and enjoy the said Tenements called the Demesns and every parcell thereof discharged and acquitted of and from the payment of the said Tithes in manner and form as the said Plaintif before against him complaineth And of this c. And the said c. therefore c. England ss Mich. 11. 22. of Eliz. Statute of 13. R. 2. MEmorandum that such a day in that same Term before the said Queen at Westminster came Jo. Osborn in his proper person and giveth the Court of the said now Queen here to be understood that whereas in the Statute in Parliament of the late Lord Richard late King of England the second after the Conquest at Westminster in the County of Middlesex in the 13th year of his Reign held published amongst other things that the said Admiralls or their Deputies of any business within the Kingdom of England unless onely of a matter upon the Sea done Suggestion for a Prohibition to the Admiralty for that it holdeth Plea for words Statute of 15. year of R. 2. as in the time of the said now Queen Elizabeth the third year of the Reign of _____ late King of England was duly used and in no wayes whatsoever they themselves should hinder And whereas also in the Statute in Parliament of the late King Richard the second at Westminster aforesaid in the 15th year of his Reign held amongst other things Ordeined and firmly it remaineth that all manner of Contracts Pleas and Plaints and all other matters arising within the body of the County aswell by Land as by Water and also of Wreck of Sea the Court of Admiralty should in no wayes have the Cognizance power nor Jurisdiction Cognizance of Plea And that all such Contracts Pleas and Plaints and all other Emergencies within the body of the County aswell by Land as by Water as before is said and also Wreek of Sea should be tryed ended discussed and remedied by the Lawes of the Land and not before the Admirall nor by the Admirall nor by his Deputy in any
A. long before the said time in which c. was thereof possessed which said Term doth as yet indure And so the said A. saith that she hath nothing in the said tenements with th' appurtenances unles to the end of five years in form aforesaid the reversion whereupon being expectant after that term unto the aforesaid S. W. and his heires without which said S. she the said A. saith that she to the knowledge of the said R. and T. cannot answer and prayeth Ayd of him the said S. and hath c. Therefore the Sheriff is commanded that he summon by good summons the said S. that he be before the said King in Eight dayes of the Holy Trinity wheresoever c. to answer to the said knowledge of the said R. and T. together with the said A. if c. The same day is given to the said parties c. Cornub. Declaration in a writ of recaption of Cattle and that they were taken hanging another Plea for the same Cattle undetermined and for which Cause they were before taken M. 20. h. 7. to 75. ss I. C Esquire T.C.J.H.J.D.J.W. and W. A were attached to answer aswel unto the Lord the King as unto J.G. Esquire of a Plea wherefore whereas the said J.C. and the others were formerly summoned to be in the Court of the said King before him the said Lord the King on the Morrow of all Souls last past wheresoever c. to answer unto the aforesaid J.G. of a Plea wherefore they took the Cattle of him the said J.G. and them unjustly detained against the Sureties and pledges which the Sherif of the said Lord the King of the said County had made to replevy to him the said J.G. as the King had accepted which said Plea between him the said J.G. and J.C. in the Court of the Lord the King here as yet doth hang undetermined Notwithstanding the said J.C. and others hanging the said Plea the Cattle of him the said J.G. again took for the same occasion which before they had taken the same c. Which thing is manifest against the Law and Custome of the Kingdom of the Lord the King of England And whereupon the said J.G. who aswell for the Lord the King as for himself prosecuteth by J. H. his Attorney Plaintif that whereas the said J.C. and the others formerly that is to say in the Term of St. Hillary in the year of the reign of the now King ninteenth were summoned to be in the Court of the Lord the King here before his Justices assigned to hold Pleas before him the Lord the King to answer unto the said J.G. and them unjustly detained against the sureties and pledges which the Shreif of the said Lord the King of the said County had made unto the said J.G. to replevy and the King had accepted which said Plea between him the said J.G. and the said J. C. and the others in the Court of the said King here as yet doth hang undetermined Notwithstanding they the said J. C. and the others hanging the said Plea the Cattle of him the said J. G. that is to say ten Oxen Eight heyfers two horses and a hundred sheep again that is to say the twentieth day of May in the nintteenth year of the Reign of the Lord the now King at E. neer Moreball in which the Cattle in a place called the Widl-Park they took for the same occasion which before they had taken them c. Which is manifestly in Contempt of the said King and against the Law and Custome of the Kingdom of him the said King of England whereupon he saith he is the worse and hath damage to the value of forty pounds And thereupon he bringeth his sute c. ss AND the said I. Copleston T. Colpeston I. Horn I. Davy Some of the defendants plead that they did not take the Cattle As c. I. Welch and W. Atwood by W. Fisher his Attorney cometh and defendeth the force and injury when c. And the said I. Davy I.W. and W. A. say that they did not take the said Cattle as the said I.G. before against them Complaineth And of this they put themselves upon the Countrey And the said I.G. likewise c. And they the said I.C.T.C. and I.H. as to the taking and detention of the said Cattle supposed to be done they say that the said I. G. ought not to maintain his action because they say that the place in which that trespas is supposed to be done is and at the said time in which c. was one messuage a hunded The rest of the defendants plead that they took the Cattle in the name of a distress for dry Rent in arrear as servants of the other and justifie perscridtion acres of land six acres of meadow six acres of wood and twenty acres of Heath and furzes with th' appurtenances in G. aforesaid called Wilpark of which said messuage land and tenements the said J. E. is and at the said time in which c. was seised in his demesn as of fee And that the said I. Colshill and all his Predecessours whose heir he is long before the said time in which c. were seised in their demesn as of fee of a certain Annuall rent of forty shillings coming forth of the said tenements to be perceived yearly to him and his heirs at the feasts of the Nativity of St. Iohn the Baptist of St. Michael Arch-angell the Nativity of our Lord and of Easter with equall portions to be paid from the time of which the memory of man is not extant And the said I.C. and all his Predecessors whose heir he is from all the said time of which the Memory of man is not extant used to distrein in the said tenements with th' appurtenances for the said Rent as often as that Rent at any feast of the said Feasts should be in arrear and the Distresses thereupon to take lead drive away and wholly to themselves to retein untill the said yearly Rent and the Arrearages thereof if any there were should be satisfied And the said I. C. so thereof seized dyed of such estate thereof seized after whose death the said Annuall Rent long before the said Retorn in which c. descended unto one Agnes Wife of the said I. Broker Descent Esquire as Cosin and Heir of the I. Colshill that is to say Daughter of Ranfrid son of Iohane sister of I. Colshill by which the said I. Broker and Agnes long before the said time in which c. were of the said Annuall Rent of 40. shillings seized in their Demesn as of Fee in Right of the said Agnes And because 30. shillings of that Rent after the death of the said I. Colshill at the Feast of the Nativity of St. Iohn the Baptist of St. Michael the Arch-Angell and the Nativity of our Lord next before the said taking supposed to be done that is to say next before the 20. day of
said Rent in his Demesn as of Fee And that the said R. afterward dyed after whose death the said Services descended unto the said I. T. as Cozen and Heir of him the said R. that is to say Son of the fifth son of M. the Daughter of G. Son of the said R. of whom the said N. the Estate in the said Tenements with th' appurtenances one I. L. now hath And because aswell the Homage of him the said I. L. unto the said I. T. after the death of the said R. remained due and as yet remaineth as the said Rent by 6. years next before the day of the said taking unto the said I. T. was behind and as yet being unpaid the said I. T. well avoweth the taking of the said Cattell in the said place in which c. as parcell of the said Tenement of him the said I. T. in form aforesaid held and above the said I. L. as above his true Tenant and within his Fee c. And this he is ready to prove Whereupon he prayeth c. and the retorn of the said Cattell to be adjudged unto him c. Plaintif saith that he hath nothing in the Tenements unless a certein Demise by one I. L. made at the term of three years the Reversion thereof unto the said I. L. and his Heirs expectant and therfore prayeth aid of the said I.L. which said I. L. after sumons thereupon made unto him likewise commeth and joyneth himself with the Plaintif and saith that the said R. never was seized unless of the service of Fealty onely and the Rent of 10. shillings Without this that the said R. was seized of homage Fealty Escuage and the rent of twenty shillings in manner and form c by the hand of N.L. c. ss AND the said T. Wilde not acknowledging any matter in the Avowment of the said I. T. before alleged to be true saith that the said I. L. before the day of the said taking was seized in his Demesn as of Fee of the said Messuage with th' appurtenances whereof the said place in which c. is and at the said time in which c. was parcell and the said I. L. so thereof seized long before the said time that is to say in the Feast of St. Michael the Arch-Angel in the nineteenth year of the Reign of the now King at W. in the said County Demised unto the aforesaid T. W. the said Messuage with th' appurtenances To have to him and his Assignes from the said Feast of St. Michael untill the end and Term of three years from thence next following and fully to be Compleat by virtue of which the said T. long before the said time in which c. was thereof possessed Which said Term as yet indureth And so the said T. saith that he hath nothing in the said Messuage with th' appurtenances unless at the Term of three years in form aforesaid the Reversion thereof after that Term ended being expectant to the foresaid I. L. and his Heirs Without which said I. L. the said T. saith that he cannot answer unto the said Avowment of the said J. T. and prayeth Ayd of him the said I. L and hath c. Therefore the Sheriff is commanded that he * Summons in Ayd prayer of ayd Summon by good Summons the aforesaid I. L. that so before the said King from Easter day in three weeks wheresoever c. to answer to the said Avowment of the said I. T. together with the said T. W. if c. the same is given unto the said parties c. At which day before the said King at Westminster came as well the said T. W. as the said I. T. by their said Attorney And the said I. L. being summoned c. by T. H. his Attorney likewise commeth and joyneth himself with the aforesaid T. to answer unto the said I. T. together with the said T. W. to the said Avowment c. * Joyn in aid and traverse the tenure And aswell as the said T.W. the said J. L. who joyneth himself c. saith that the said J. T. the taking of the said Cattell in the said place in which c. for the reason before alleged ought not to avow just because * Protestation protesting that the said N. did not hold the said Tenements with th' appurtenances of the said R. by the said Services in the said Avowment specified Neither that the said R. ever was seized of the said Services or of any parcell thereof besides Fealty and the Rent of ten shillings of the said 20. shillings by the hands of the said N. or of any other Tenant of that Tenement for Plea saith that the said N. L. held the said Tenements with th' appurtenances of the said R. B. by Fealty and the Rent of 10. shillings of the said 20. shillings unto the said R. and his Heirs at the said Feasts of Easter and St. Michael the Arch-Angel by equall Portions yearly to be paid of which Services the said R. was seized by the hands of the said N. as by the hands of his true Tenant that is to say of the said Fealty as of Fee and right and of that Rent in his Demesn as of Fee And the said T.W. and L. saith that the said Rent of ten shillings or any parcell thereof was not behind unto the said J. T. at the time of the said taking unpaid And they the said T. W. and J. L. say that the said R. or any of his Predecessors never was seized of the said ten shillings residue of the said 20. shillings nor any parcell thereof by the hands of the 〈◊〉 N. nor of any other Tenant of the said tenements with th' appurtenances after the Limitation of Assize of new disseisin that is to say after the first of the Lord King H. son of King Iohn in Vaston without this that the said N. held the said tenements Without this with th' appurtenances of the said R. by homage fealty and at the Escuage of the Lord the King and by the rent of twenty shillings by the year as by the said Avowment is supposed and this he is ready to prove whereupon from which the said I.T. the taking of the said Cattel before acknowledging prayeth judgement and his dammages by that occasion to be adjudged unto him c. Issue in prayer of Aid ss AND the said I.T. saith that the said N. tenant of the said tenements with th' appurtenances of the said R. by homage fealty and Escuage of the said Lord the King and the said rent of twenty shillings by the year in the form which the said I. T. before hath alleged And of this putteth himself upon the Country and they the said T.W. and I.L. who joyned themselves c. likewise c. therefore c. Declaration in replevin parcell in the detinuit and parcell in the detinet and the plantif prayeth that the defendant may be bound to
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
I. N. by pretence of the said Demise unto him made put the said Cattell there to feed Upon which the said R. S. of L. and T. then upon and in those Closes being the said R. S. the now Defendant and the others those Cattell then that is to say at the said time in which c. they took and deteyned and the Ewe-sheep as yet they unjustly detein of which said taking and deteyning the said I. N. hath now brought his said Action thereupon against them And this he is ready to prove whereupon he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. Defendant maintains his Plea without this they disseized the other Plaintif And they the said R. S. the now Defendant and the others say that the said Closes at the said time in which c. was the ground and Freehold of the said R. S. of L. and T. and that the said Cattel at the same time were in those Closes c. feeding and there doing Damage by which they the said R. S. the now Defendant and the others as Bayliffs of the said R. S. of L. and T. those Cattell at the said time in which c. they took and deteyned as unto them it was lawfull as they before have alleged Without this that the said R. S. of L. and T. have disseised the said W. H. of the said Close Without this with th' appurtenances as the said I. N. before hath alleged And this they are ready to prove whereupon as before they pray Judgement c. and for the said R. S. of L. and T. the retorn of the said Oxen Steers Calf Heifer and living goods to be adjudged unto him to be adjudged unto her c. And the said I. N. saith that the said R. S. of L. and T. have Disseised the said W. T. of the said Closes with th' appurtenances in manner and form as he before hath alleged And this he prayeth that it may be inquired of by the Countrey c. ss AND they the said R. A. and W. D. by A. B. their Attorney commeth and defendeth the force and wrong when One of the Defendants avoweth and the other Justifies as Servant for rent-charge behind c. all taking and whatsoever c. And the same R. doth well arow and the said W. D. doth well acknowledge the taking of the said Cattell in the said place in which c. And justly c. because he saith that the said R. G. Gent. long before the said time in which c. was seized of one Tenement and C. acres of land in C. whereof the place in which c. is and at the said time in which c. was parcell in his Demesn as of Fee and he so thereof seized long before the said time in which c. by his certain Deed which the said R. here in Court profereth whose Date is the fourth day of the month of July in the nineteenth year of the Reign of the Lord Edward late King of England the Fourth To have hold and receive that annuall Rent unto the said R. and his Assigns at the Term of his life of and in the said Lands and Tenements with th' appurtenances every year at the Feast of St. Michael th'Arch-Angell the Birth of our Lord Easter and the Nativity of St. John the Baptist equally to be paid And the said R. A. further saith that the said R. G. by his said writing further granted that if it should happen the said yearly Rent to be behind in part or in all by one moneth next after any Feast of the said Feasts in which it ought to be paid unto the said R. A. or his Assigns unpaid that then it should be lawfull unto the said R. A. and his Assigns into all the said Lands and Tenements and the rest of the Premisses with th' appurtenances to enter and distrein and the Distresse so there taken to lead carry away impound and in Pound to keep untill to him of that annuall Rent so being behind together with the Costs and Charges if any should be were fully satisfied and paid And for twenty six shillings eight pence being behind at the end of the Nativity of St. John the Baptist next before the said time in which c. the said R. A. doth well avow and the said W. D. as Servant of the said R. A. and by his Command at the said time in which c. doth well acknowledge the taking of the said Cattell in the said place in which c. by the name of Distresse for 26. shillings and 8. pence so being behind as in the Lands and Tenements unto the Distresse of him the said R. A. with the said yearly Rent in form aforesaid charged as to them were lawfull And this c. whereupon c. And the said I. not acknowledging any the matrers by the said R. A. and W. D. before alleged to be true saith that the said R. G. long before the said time in which c. was seized of the said Tenements with th' appurtenances in his Demesn as of Fee and he so thereof seized long before the said time that is to say the first day of October in the fourteenth year of the Reign of the said now king at A. in C. aforesaid demised those Tenements with th' appurtenances unto the said I. H. to have and occupy to him and his Assignes from the feast of St. Michael th'Arch-Angell then last past untill the end and Term of seven years then next following and fully to be compleated by virtue of which Demise the said I. H. long before the said time in which c. into the said Tenements with th' appurtenances entred and was thereof possessed and so the same I. saith that she hath nothing in the said Tenements with th' appurtenances unles at the Term of the said seven years in forme aforesaid thereupon after that term compleated belonging unto the said R.G. his heirs and Assignes without which said R. G. the same I. H. saith that she cannot answear to the said Plea of the said R. A. and W. D. And prayeth Aid of him the said R. G. and she hath Aid prayed c. Therefore the said R. H. is summoned that he before the Lord the King from the day of Easter in Eight weeks wheresoever c. to answer to the said Plea of the said R. A. and W. D. together with the said R. H. if c. the same day is given to the said parties c. At which day before the said King at Westminster cometh aswell the said I. H. as the said R. A. and W. D. by their said Attorney being summoned c. by A. B. his Attorney likewise cometh and joyneth himself with the aforesaid I. H. to avow and acknowledge the said c. and aswell the same I. as the said R. G. who joyneth himself c. Say that the said R. A. the taking of the said
Cattel in the said place in which c. For the reason before alleged Plaintif and Lessor say that the same Lessor at the time of the making of the writing by which the said annuall Rent was granted was within age c. to avow just nor the said W. D. the taking of those Cattel in the same place in which c. to acknowledg just ought not because they say that well and true it is that the said R. G. long before the said time in which c. was seized in the said Tenements with th' appurtenances whereof the said place in which c. is and at the said time in which c. was parcell in his Demesn as of Fee and that he so thereof seized long before the same time gave and granted the said annuall Rent unto the said R. A. to have and to hold the said annuall Rent unto the said R. and his Assignes to the Term of his life in manner and form as the same R. A. and the said W. before in pleading have alleged And further the said I. H. and R. G. say that the said R. G. long before the said time in which c. that is to say the first day of October in the fourteenth year of the Reign of the said Lord the now King aforesaid at A. aforesaid demised the said Tenements with th' appurtenances whereof the said place in which c. is and then was parcell unto the said I. H. to have and occupy to him and his Assignes from the said feast of St. Michael th'Arch-Angell then last past untill the end and Term of seven years then next following and fully to be compleated by vertue of which demise the said I. long before the said time in which c. was thereof possessed And moreover they the said R. G. and I. H. say that the said I. G. at the said time of the making of the said writing was within the age of twenty one years And this they are ready to prove as c. Within age Whereupon from which the said R. A. and W. the taking of the said Cattel before acknowledging pray judgement and his damages by that occasion to be adjudged unto them c. And they the said R. A. and W. D. as formerly saith Defendant maintaines the Plea without this that the Lessor was within age c. that the said R. G. was seized of the said Tenements with th' appurtenances in his Demesn as of Fee and that he so thereof seized by his said Deed at C. aforesaid gave and granted unto the aforesaid R. A. the said annuall Rent of twenty six shillings and eight pence to have and receive that yearly Rent unto the said R. and his Assignes to the Term of his life of and in the said Lands and Tenements with th' appurtenances every year at the feasts of St. Michael th'Arch-Angel the birth of our Lord Baster and the Nativity of St. John the Baptist equally to be paid and that the said R. G. by his said writing further granted that if it should happen the said yearly Rent to be behind in part or in all by one Month after any feast of the said feasts in which it ought to be paid unto the said R. A. or his Assignes unpaid that then it should be lawfull unto the said R. A. and his Assignes into all the said lands and Tenements and the rest of the premisses with th' appurtenances to enter and the distresses so there taken to lead carry away impound and in pound to keep untill unto him of that annuall Rent so being behind together with the Costs and Charges if any should be should be fully satisfyed and paid And for twenty six shillings and eight pence being behind at the feast of the Nativity of St. John the Baptist next before the said time in which c. the said R. A. doth wel avow and the said W. D. as Servant of him the said R. A. and by his Command at the said time in which c. doth well acknowledg the taking of the said Cattel in the said place in which c. By the name of distress for the same twenty six shillings eight pence so being behind Without this that the Grantor was within age c. as unto them it was lawfull in manner and form as they before have alleged without this that the said R. G. at the said time of the making of the said writting he granted the said annuall Rent he was within the age of twenty one years in manner and form as they the said I. H. and R. G. before in pleading have alleged And this c. whereupon as formerly they pray judgement and the return of the Cattel to be adjudged unto them And that the said I. from her said action against them had may be precluded c. And the said I. and R. G. as formerly say at the said time of the making of the said writing of the Grant of the Annuall Rent was within the Age of twenty one years in manner and form as they the said I. and R. G. before in Pleading have alleged and this they pray that it may be enquired of by the Country c. Defendant justifies the taking of the Cattel for parcell of a yearly Rent Charge behind by the name of distresse ss AND the said V. E. by R. M. his Attorney cometh and defendeth the force and wrong when c. And as Bailiff of the said T. C. widdow doth well acknowledg the taking of the said Cattel in the said place in which c. And justly c. Because he saith that long before the said taking supposed to be done one J. M. late of the parish of St. Lawrence in the I le of Tenet in the said County was seized of one Tenement called the H. in the said Parish of S. and of twenty four acres of Meadow thirty acres of pasture and twenty acres of Wood with th' appurtenances unto the same Tenement appertaining in S. aforesaid called the H. 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 being seized the said I. M. the Eighth day of July in the seventeenth year of the Reign of the Lord Henry late King of England the seventh at S. aforesaid by his certain Writing sealed with the Seal of him the said I. which the said V. herein Court prosereth whose date is the same day and year gave and granted and by the said writing confirmed unto one T. W. Esquire father of the said T. a certain yearly Rent of fifty three shillings and four pence going out of the said Tenements called the H. in the Parish of S. in the said County and of all Meadowes feedings pastures and woods unto the said Tenement in what soever manner belonging To have levy and receive the said annuall Rent of fifty three shillings and four
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
late King Father of the Lord the now King neither in the actuall or reall possession of the Lord the now King neither excepted in the foresaid Act of the said late King or by any Commission of the Lord the now King altered otherwise disposed neither changed by pretence of which said Act of the said Lord the now King the same Lord the now King from the said Feast of Easter in the said Act specified was of the Messuage aforesaid with th' appurtenances seized in his Demesn as of Fee and so being thereof seized the said Lord the now King afterwards and before the said time of the aforesaid Trespass done by his Letters Patents the Date whereof is at Westminster the twentie first day of May in the third year of his Reign gave and granred and by his the said Letters Patents confirmed unto one I.H. B.B. the foresaid Messuage with th'arpurtenances among other Lands and Tenements to have hold and enjoy unto them the said I. and B. their Heirs and Assigns for ever by vertue of which said Grant they the said I. and B. were of the said Messuage with th' appurtenances seized in their Demesn as of Fee and so thereof being seized they the said I. and B. afterward and before the said time of the foresaid Trespass done that is to say sixth day of May in the year of the Reign of the Lord now King third at London aforesaid in the Parish and Ward aforesaid they gave and granted the said Messuage with th' appurtenances unto the same R. H. To have hold and enjoy the aforesaid Messuage with th' appurtenances unto the said R. H. his Heirs Trespas granted by Letters Patents of the King and Assigns for ever by pretence of which said Gift and Grant the said R. H. long before the said time in which c. into the said Messuage with th' appurtenances entred and was thereof seized in his Demesn as of Fee untill the said I. the day and year abovesaid in the said Declaration above specified with force and arms c. into the said Messuage with th' appurtenances broke in manner and form as he above c. against him complaineth Without this Without that that the said R. C. Demised Granted and to Farm let unto the foresaid I. R. the said Messuage with th' appurtenances in manner and form as the said I. above in pleading hath alleged and this c. VVhereupon from which the said I. the said Trespass above done acknowledged prayeth Judgement and his Damage by that Trespass to be adjudged unto him c. And the said as I. before saith that the said Richard C. Demised Granted and to farm let unto the aforesaid I. R. the said Messuage with th' appurtenances in manner and form as she hath alleged and of this putteth her self upon the Countrey c. ss AND the said G. B. by W. W. his Attorney commeth and defendeth the force and Injury when Defendant justifies that the place is parcel of the M. of R. and that he as Servant of the Lord of the Mannor broke the Close and so justifies c. and as to the coming with force and arms c. and also the whole Trespass aforesaid above supposed to be done besides the breaking of the said Close saith that he is not guilty and as to the breaking of that Close the said G. saith that no Action c. because he saith that the said Close and also the place in which the said Trespass is supposed to be done are and at the said time of the said Trespass supposed to be done were two hundred and fifty acres of Heath and Furzes with th' appurtenances in W. aforesaid called Waldringfield Heath which said two hundred and fifty acres of Heath and Furzes lye between a certain way called the Procession way of Mertlesham dividing the said Furzes of W. Heath and certain Furzes called Marlad Heath in part and Land called Ringland late J. Kingbils in part of the Furzes called Brightwill Heath Abâ—ttals and Dapdalewey in part upon the South and Land called Colecroft in part and Land lying in the Town of Martlesham and the Heath in Martlesham and the Dâ—tch called Fexall Ditch of the North part and one head of the said Heath called Waldringfield Heath abutting upon the terre Tenements appertaining to the Mannor of Rivershall and Waldringfield against the east and other two hundred and fifty acres of Heath and Furzes are and at the said time in which c. were parcell of the Mannor of Rivershall in W. aforesaid Which said Mannor is and at the aforesaid time in which c. was the ground and Freehold of one I. and M. by which the Defendant as the Servant of them said I. and M. and by their Command the Close aforesaid as the proper Close and ground and freehold of them the said I. and M. did break as to him it was lawfull and this c. whereof c. Plaintif saith that the place c. is not parcell of the M. of R. but that one I. P. was seized and so seized Demised two hundred acres of oâ— Land parcell of the hundred and fifty acâ—es in bar specifies the Plaintif to hold unto the Plaintiff at the Will of the Lessor ss NOT to he precluded because he saith that the said Close and also the places in which the said Trespass whereupon the said R. himself above in manner Complaineth was done are and at the time of that Trespass were two hundred acres parcell of the said two hundred and fifty acres of Heath and Furzes in barre aforesaid before specified whereupon long before the said time of the foresaid time done one I. P. was seized in his Demesn as of Fee and the said I. so being thereof seized the said I. before the said time of the said Trespass done that is to say such a day and year at N. in the County aforesaid Demised the said two hundred acres of Heath and Furzes with th' appurtenances unto the said R.W. To have and to hold the said two hundred acres of Heath and Furzes with th' appurtenances unto the said R. at the will of her the said Jane by vertue of the same Demise the said R. into the said two hundred acres of Heath and Furzes with th' appurtenances before the foresaid time of the said Trespass done entred and was thereof possessed untill the said G. B. at the time of the said Trespass done the foresaid Close did break in manner and form as the said R. himself above Without this and in manner complaineth Without this that the said two hundred acres of Heath and Furzes are and at the time of the said Trespass done were parcell of the Mannor of Rivershall in manner and form as the said G. B. before in pleading hath alleged and this c. Whereupon from that the said G. the Trespass aforesaid before acknowledging the said R. prayeth Judgement and his Damages by reason of that
Trespasse done into the said Tenements with the Appurtenances in which c. entred And the said T. and J. of those Tenements with the Appurtenances in which c. wholly expelled and amoved by which the said C. was thereof possessed untill the said T. and J. at the said time in which c. with Force and Armes aforesaid the Close of him the said C. in the said place in which c. did breake and his said Grasse there then growing with the said Cattell did eat up tread and consume and the said Ground there with a Plow did rip up and also his said Wood there then growing they did cut down and carry away against the Peace c. in manner and form as the same C. before against them himselfe now complaineth And this c. whereupon from which the said T. and J. the said Trespasse before acknowledging the same C. prayeth Judgment and his said Damages by occasion of that Trespasse unto him to be adjudged c. AND they the said T. and J. say that they the said T. and J. by the said space of one yeare that is to say from the said two and twentieth day of Aprill in the fourth yeare of the said Reigne of the said now King above said untill the said foure and twentieth day of Aprill in the fifth yeare of the Reigne of the said now King aforesaid did inhabit within the said Mannor of B. and not without in manner and form as the said C. before in replying hath alledged and this c. Whereupon as before he praieth Judgment and that the said C. from his said Action thereupon against them had may be procluded c. AND the said C. as before saith that the said T. and J. by the space of one yeare and a day that is to say from the said two and twentieth day of Aprill in the fourth yeare of the Reigne of the said now King untill the foure and twentieth day of Aprill in the fifth yeare of the Reigne of the said now King did inhabit without the said Mannor of B. that is to say at C. aforesaid and within the Mannor of the said C. in manner and form as the same C. before in replying hath alledged And this he prayeth that it may be inquired of by the Country c. WILLIAM Attersale Kent Declaration upon the Statute of the eighth year of H. 6. of forcible entryes by Deeds complaineth of John Fuller and M. his wife and VV. Parker in the custody of the Marshall c. Of a Plea wherefore whereas in a Statute in Parliament of the Lord Henry late King of England the sixth after the Conquest at VVestminster in the eight yeare of his Reigne held established amongst other things it should be continued that if any person of any Lands or Tenements with main strength be expulsed and disseised or peaceably is put out and afterward is held out with force or any Feoflment or discontinuance thereof after such entry for the Right of the Possessor to defraud and take away in any manner is made the party in this behalfe grieved may have against such disseisor an Assise of new disseisin or a writ of Trespasse and if the party grieved by Assise or by Action of Trespasse shall recover and by Verdict or in other manner by due form of Law it shall be found that the party Defendant in the Lands and Tenements was by force of entry or after his entry should hold by force the Plaintiff shall recover his treble Damages against the Defendant And further shall make Fine and Redemption as in the same Statute more fully is contained Notwithstanding they the said J. M. and W. P. the said Statute little weighing and the Penalty in the same little fearing the first day of October in the sixth yeare of the now King Edward the sixth into two parts of one Messuage and twelve Acres of Land with the Appurtenances of him the said VV. A. in J. in the County aforesaid with main force that is to say with Swords Staves Clubs Bowes and Arrowes they entred and the said VV. A. with main force expulsed and disseised and him so expulsed and disseised of the same two parts of the said Tenements with the Appurtenances with the said main force withheld and as yet doth withhold from the same to the contempt of the said now King and to the Damage of him the said W. A. 20 l. and against the form of the said Statute and against the Peace of the Lord the now King And thereupon he bringeth his Suit c. Defendant iustifies by vertue of a certain demise unto them at will by one made his own Right the rest as his Servants peaceably and quietly entry into the Tenements c. AND they the said J. F. M. and W. P. by I.C. their Attorney come and defend the force and wrong when c. all Contempts and whatsoever c. And say that long before the said Entry into the said Tenements with the Appurtenances before supposed to be done one I. G. was seized of the said Tenements with the Appurtenances in his Demesne as of Fee and him the said I. G. so being thereof seized the same I. G. afterward and before the said time in which c. that is to say the eighth and twentieth day of October in the yeare of the Lord 1541. at I. aforesaid made his last Will and by the same Will that I. then his Wife should have the said Tenements with the Appurtenances to the Tearm of the life of her the said J. so that after the Discease of her the said J. have those Tenements with the Appurtenances should remain unto one J. K. and his Heires for ever And afterwards and before the said time in which c. the said J. at I. aforesaid died after the death of which said J. G. by vertue of the said last Will the same J. into the Tenements with the Appurtenances entred and was thereof seized in his Demesne as of Free-hold and she the said J. so thereof being seized the same J. long before the said time in which c. that is to say the twentieth day of September in the sixth yeare of the Reigne of the now Lord King Edward the sixth at J. aforesaid demized the said Tenements with the Appurtenances unto the said J. F. one of the aforesaid Defendants to have and to hold those Tenements with the Appurtenances unto the said J. F. his Executors and Assignes from the Feast of Saint Michaell the Arch-angell Lease at will from thence next following and fully to be compleat and so from yeare to yeare as long as both parties should please By vertue of which said Demise the same J. F. into the said Tenements with the Appurtenances entred Colour by demise and was thereof possessed and the said W. A. claiming the said Tenements with the Appurtenances by colour of which Deed of Demise unto him thereof made by the said
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
acre of Land with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid And being so thereof seized before the same time of the Trespasse aforesaid made to wit the first day of June in the 33 yeare of the Reigne of our Lord the King that now is at E. aforesaid in the County aforesaid demised the same Tenements with the appurtenances to him the said Plaintiffe To have and to occupy to him the said Plaintiffe and his assignes from the feast of the Nativity of St. John Baptist then next following untill the feast of St. Michael the Arch-angel in the 35 yeare of the Reigne of our Lord the King that now is By vertue of which demise hee the said Plaintiffe of the Tenements aforesaid with the appurtenances was possessed untill the aforesaid Defendants the day and yeare aforesaid in the Declaration aforesaid above specified by force and armes c. the close and house of him the said Plaintiffe at E. aforesaid they did break against the peace of our Lord the King that now is as he above against them complaineth And this c. Wherefore for that the aforesaid Defendants the breaking of the close and house aforesaid above acknowledgeth he prayes judgement and his damages by occasion of that Trespasse to be adjudged unto him c. The Defendants maintain their plea and traverse their Dâ—mise AND the aforesaid Defendants as formerly say that the aforesaid I.R. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee in right of his Vicaridge aforesaid as they above have alleadged Without that that the aforesaid I.R. demised the Tenements aforesaid with the appurtenances to the aforesaid Plaintiffes as the same Plaintiffe above alleadgeth And this c. Whereupon as formerly he prayes judgement and that the aforesaid Plaintiffe may be debarred from having his action aforesaid of the breach of the close and house aforesaid against them c. Issue upon the Traverse AND the aforesaid Plaintiffe as formerly sayes that the aforesaid I. R. demised to him the said Plaintiffe the same Tenements with the appurtenances as he above hath alleadged And this bee prayes may be enquired of by the Country And the aforesaid Defendants in like manner c. Iustification in Trespasse by vertue of a demise made to the Testator who bequeathed the same to his wife AND the aforesaid R.F. by R. M. their Attorney come and defend the force and injury when c. And as to the coming by force and armes and whatsoever c. not guilty c. And as to the residue of the Trespasse aforesaid above supposed to be done the aforesaid R.F. sayes that the aforesaid R.R. and I. ought not to have their action aforesaid against him c. because hee sayes that the close and house aforesaid as also the place in which the trespasse aforesaid was supposed to be done was and the aforesaid time wherein the Trespasse aforesaid was supposed to be made were one Messuage and one close of Land containing in it fifteen acres of Land with the appurtenances in S. aforesaid whereof before the said time wherein c. one I. A. Esq was seized in his demesne as of Fee And so being thereof seized before the said time wherein c. to wit such a day year and place did demise the Tenements aforesaid with the appurtenances to one R.W. of c. To have and to hold to him and his Assignes from the feast of St. Michael the Archangel then next following unto the end and terme of forty years from thence next following and fully to be compleat and ended By vertue of which Demise the same R. W. was thereof possessed And so being thereof possessed before the said time wherein c. to wit such a day year and place made his last Will and Testament And by the same willed and declared that Elizabeth his wife immediately after the decease of him the said R. W. should have and enjoy his state terme and interest which he then had to come in the Tenements aforesaid The forme of pleading where the Lease accrued to the husband under the wifes title with the appurtenances And afterwards and before the said time wherein c. the same R.VV. dyed After whose death the aforesaid E. was of the Tenements aforesaid with the appurtenances possessed and so being thereof possessed before the said time wherein c. to wit such a day year and place took to husband him the said R. F. By which he the said R. F. was of the Tenements aforesaid with the appurtenances possessed and the aforesaid Plaintiffes claiming the Tenements aforesaid with the appurtenances by colour of a certaine Deed of Demise to them thereupon made for terme of their life by the aforesaid I.A. long before the aforesaid Demise by the same I. A. to the aforesaid R. W. thereupon in forme aforesaid made where nothing of these Tenements with the appurtenances into the possession of them the said Plaintiffes by that Deed ever passed into the Tenements aforesaid with the appurtenances before the said time wherein c. did enter Upon whose the said Plaintiffes possession thereupon the same Defendant afterwards to wit the same time wherein c. into the same Tenements with the appurtenances did re-enter and the grasse aforesaid then there growing which the aforesaid Cattell did eat up tread down and consume and the ground aforesaid in the aforesaid fifteen acres of Land with his ploughes aforesaid he did break up as it was lawfull for him to do And this c. Wherefore he prayes judgement whether the action c. AND the aforesaid Plaintiffe sayes The Plaintiffe pleads that before the domâ—se c. the aforesaid Feoffee enfeoffed the Plaintiffe and others to the use of a stranger that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid Defendants because he sayes that before the aforesaid time of the Trespass aforesaid made the aforesaid I.A. was seized of the Tenements aforesaid with the appurtenances in his demesne as of Fee and so being thereof seized before the said time wherein c. and before the aforesaid foure and twentieth day of September in the year c. of the same Tenements with the appurtenances enfeoffed them the said Plaintiffes and one R. E. Knight and W. L. to hold to them and their heires for ever to the use of one T. A. son and heir apparent of the aforesaid I. A. and Mary the wife of him the said T.A. and the heires of their bodies of them lawfully begotten By vertue of which said Feoffement they the said Plaintiffes and R. and W. were thereof seized in their demesne as of Fee to the same use And the said Plaintiffes and R. and W. to that use being so thereof seized the aforesaid J.A. the aforesaid foure and twentieth of September in the eighteenth year aforesaid with the appurtenances
to do which said arrest and leading to the prison aforesaid and laying hands upon him the said H. are the same taking imprisoning and ill handling whereof the aforesaid R. above complaines And this c. whereupon he prayes judgement whether the action c. AND the aforesaid R. saies that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the said H. W. Because by protestation not acknowledging any thing by the aforesaid H. above alleadged to be true for plea he saith The Plaintiffe replies that he offered security that he before the time of the Trespasse aforesaid made and the time wherein c. offered the aforesaid H. to finde sufficient security before T. Partridge then one of the Justices of the peace of our Lord the King for the same County assigned to be kept according to the form of the aforesaid precept by the said I.W. to him directed which to doe the same H. refused Without that that the same R.C. refused to come before the Justices of the Peace in manner and form as the aforesaid H. hath above alleadged Traverse the denying to come before the Iustices And this c. whereupon for that the aforesaid H. the Trespasse aforesaid above acknowledgeth he prayeth judgement and his damages by that occasion to be adjudged unto him c. AND the aforesaid H sayes Issue upon the Traverse that the aforesaid R. refused to come before the Justices of our Lord the King to find sufficient security in manner and forme as the same H. above hath alleadged and of this he puts himselfe upon the Country And the aforesaid R.C. in like manner c. Justification by vertue of a common Watch according to the forme of the Statute of Winchester AND the aforesaid G. by I.W. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and whatsoever is against the peace of our Lord the King as also the whole Trespasse aforesaid besides the assault and imprisonment above supposed to be made sayes that hee is not guilty c. And as to the assault and imprisonment supposed to be made the same G. sayes that the aforesaid T. ought not thereupon to have his action aforesaid against him because he saith that in the Statute in the Parliament of Edward the first late King of England Progenitor of our Lord the King that now is at Winchester in the thirtieth yeare of his Reigne held published amongst other things It was ordained and established that watches should be made as more anciently they were wont to be that is to say from the day of the Ascension of our Lord unto the feast of St. Michael the Arch-angel that is to say in each City by six men at each Gate of the same and in every Town by twelve men and in every entire Village by six or foure men according to the number of the people inhabiting in them And that the Watches should be kept by the whole night from the Sun-set to the rising of the Sun so that if any stranger should make his journey through them he should be arrested until the morning following And if no suspicion should be then found of him that then hee should from thence goe quit as in the same Statute more fully is contained And further the same G. sayes that he at the time of the Trespasse aforesaid above supposed to be made was dwelling in the said Village of W. together with other the inhabitants his neighbours about him in the same Village were assigned to keep the Watches there and sayes that the aforesaid T. the time of the Trespasse aforesaid supposed to be made to wit such a day year and place came suspiciously to the Village aforesaid after Sun-set and before the rising of the same that is to say about the houre of eleven in the same night By which the same G. then came to the aforesaid T. and him at the same time wherein c. he arrested and detained him with him untill the morning following and compelled him to stay there according to the forme of the Statute aforesaid as it was lawfull for him to doe which said coming unto and detention by the cause aforesaid in form aforesaid is the same assault and imprisonment whereof the aforesaid T. above now complaineth And this he is ready to aver VVhereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his action aforesaid against him c. Middlesex AND the aforesaid C. Crips Iustification by a Constable for taking a Where Mich. 2. Hen. 8. Rot. 103. and E. by T.R. their Attorney come and defend the force and injury when c. And as to the coming by force and armes And whatsoever which is against the peace c. as also the whole Trespasse aforesaid besides the assault beating evill handling and imprisonment by the space aforesaid supposed to be made the same C. and E. say that they are in nothing thereof guilty c. And as to the assault beating evill handling and imprisonment the same E. and C. say that the aforesaid M. ought not to have her action aforesaid against them because they say that the aforesaid M. long before the said time of the Trespasse aforesaid supposed to be made was a publick notorious and common Whore and had carnall knowledge with many and divers common men unknowne to him the said C. at many and divers times And the same C. and E. say that at the time wherein the Trespasse aforesaid was supposed to be made and long before the same C. was Constable of our Lord the King in the aforesaid Parish of St. Andrews and that before the said time of the Trespasse aforesaid supposed to bee done was given to understand by certaine of his neighbours very carefull of keeping the peace of our Lord the King and willing to avoid ill government he being then Constable of our Lord the King as aforesaid that the aforesaid M. at the aforesaid Parish of St. Andrews then lay and lodged in bed with a certaine man unknowne to the same neighbours and also that divers loose men and vagabonds and very many unknowne persons made many brawlings scoldings cryings out uproars there between themselves and strove together which of them should first have the carnall knowledge of her the said M. and should then use her as their Whore By reason of which information he the said C. then there being Constable as he was by oath bound for the preservation of the peace of our Lord the King and the avoyding of the premises and the ill government aforesaid repaired to a place in the Parish aforesaid where then the aforesaid M. and other the men vagabonds aforesaid then were supposed to be as to see if the same M. and the rest of the aforesaid men vagabonds behaved themselves there as hee was given to understand the aforesaid time wherein the
Trespasse aforesaid was supposed to be done And the aforesaid Vagabonds perceiving afarre off the coming of him the said C. then being Constable before he could approach unto them they fled away so that the said C. could not arrest them but the aforesaid M. with a certain man to whom unknown in bed there the aforesaid time wherein the Trespasse aforesaid was supposed to be done he found lying like a whore at the Parish aforesaid And because the same M. behaved her selfe then and sometimes before so evilly and for that cause very many evill persons and disturbers of the peace of our Lord the King there had often disturbed the Constable and very many of the neighbours there And she the said M. although oftentimes thereupon then and before to desist from the premises by him the said Constable had been required would not reforme or justifie herself thereupon neither by the law of God nor the King by which the same C. then being Constable of our Lord the King and the aforesaid E. with the same C. her husband by his command coming to his help their hands upon the aforesaid M. there so lodging in bed with the aforesaid unknowne man softly laid hand on and took her from that bed and her the said M. as well for her punishment as to the terrour of other the like whores whereas by the consideration and distinction of him the said C. then and there in the Stocks according to the Law of the Land they put and kept by the space aforesaid as it was lawfull for them to doe which said laying on of their hands of them the said C. and E. on the aforesaid M. and the taking out of the bed aforesaid as also the putting into the Stocks of the said M. are the aforesaid assault beating evill handling and imprisonment whereof the aforesaid M. by her bill above against them complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid M. ought to have or maintaine her action aforesaid in this behalfe against them c. The Plaintiffe replies that it was done of their proper injury without any such cause AND the aforesaid M. sayes that shee by any thing before pre-alledged ought not to be debarred from having her action aforesaid against them the said C. and E. of the aforesaid assault beating evill handling and imprisonment because she saith that the aforesaid C. and E. the day and yeare above written by force and armes aforesaid of their proper injury without such cause by them the said C. and E. above alleadged on her the said M. at the aforesaid Parish of St. Andrews they made an assault and so did wound evill intreat and imprison by the space aforesaid in manner and forme as shee the same M. above against them complaineth And this shee prayes may be enquired of by the Country And the aforesaid C. and E. in like manner c. Iustification of an imprisonment by vertue of the Statute of Vagrants and Vagabonds of Rich. the second the 7. year of his reign Hil. 34. Hen. 8. Rolle 60. AND the aforesaid I.H. in his proper person comes and defends the force and injury when c. And as to the coming by force and armes as also the whole Trespasse aforesaid besides the Imprisonment of the aforesaid R.S. the same I. H. sayes that he is not guilty c. And as to the Imprisonment of the aforesaid R. the same I. H. sayes that the aforesaid R. ought not thereupon to have his action aforesaid against him because he saith that by the Statute of the Lord the King Richard the second late King of England at Westminster in the seventh yeare of his reigne by authority of the same Parliament amongst other things it was Enacted that all and singular Bailiffes of Liberties Constables and other Officers of Villages where Vagrants and Vagabonds frequent should have power diligently to examine them and of compelling them to finde sufficient pledges by sufficient manucaptors for their good behaviours And that if default be made in those Vagrants and Vagabonds and that they cannot finde pledges that then it shall be very lawfull for the aforesaid Bailiffes of Liberties Constables and other Officers of Villages the same Vagrants and Vagabonds to commit to the next Goale of our Lord the King within the County aforesaid where such Vagrants and Vagabonds frequent there to remain til the coming of the Justices of our Lord the King for the Goal Delivery within that County where such Vagrants and Vagabonds are imprisoned and that the same Justices shall doe with these Vagrants and Vagabonds as to them shall seem expedient And the same I. sayes that he at the aforesaid time of the Imprisonment aforesaid above supposed to be made was Bayliffe of our Lord the King of St. Edmonds Bury aforesaid And for that that the same I. the aforesaid time of the imprisonment aforesaid above supposed to be made found the same R. a Vagrant and Vagabond at and within the Village of St. Edmonds Bury frequenting The same I. being then Bayliffe of the Liberty aforesaid according to the forme of the Statute aforesaid the aforesaid R. then and there did diligently examine And as well for that upon the examination of the aforesaid R. it did sufficiently appear to him the said I. the said R. to be a Vagrant and Vagabond as for that that the same R. the same time wherein c. could not finde pledges and sufficient Manucaptors for his good behaviour according to the forme of the Statute aforesaid The same I. as Bayliffe of our Lord the King of the Liberty aforesaid according to the form of that Statute the aforesaid R. the aforesaid time wherein c. to the aforesaid Goale of our Lord the King of St. Edmunds Bury aforesaid he did commit there to remaine untill c. which said Goale is the next Goale of our Lord the King near the aforesaid Village of St. Edmunds Bury aforesaid which is the same Imprisonment of the aforesaid R. whereof the same R. above now complaineth And this he is ready to aver whereupon he prayes judgement whether the aforesaid R. ought to have his action aforesaid in this behalfe against him c. The Plaintiffe sayes that he dwels in the County of W. his Trade there exercising AND the aforesaid R. sayes that he by any thing before alleadged ought not to be debarred from having his action aforesaid against the aforesaid I. because he saith that he the aforesaid time of the imprisonment aforesaid above made was dwelling conversant and Inhabiting at W. in the County aforesaid daily exercising the art called a Taylors craft Traverses the being a Vagrant Without that that the same R. the aforesaid time of the Imprisonment aforesaid above made was a Vagrant and Vagabond in manner and forme wherein the same I. in his bar by pleading above hath alleadged And this he is ready to averre whereupon for that
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
verdict and judgment for 271. l. 13. 5 d. ob dammages and 15 l. 19. s. Costs thereupon recovered Whereof a Fifa issued for the Dammages of the proper Goods and a Casa for the Costs and charges after a Devastavit returned upon a Testatum Fifa H L. complaines of R. D. in the custody of the Marshall Declaration Case by way of deceipt in a bargain c. wherefore whereas he the same H. had such a day yeare and place Covenanted and bargained with the aforesaid R. well and sufficiently to make fabricate and burne for him the said H. 80 thousand of Bricks for a certaine summe of mony that is to say for 8. l. to the aforesaid R. before hand paid and afterwards to be paid And the same R. had promised and assumed upon himselfe the aforesaid 80 thousand of Bricks well and sufficiently to make fabricate and burne and to him the said H. at a certaine day last past to wit such a day c. to deliver yet the aforesaid R. plotting the aforesaid H. craftily and subtilly to deceive and defraud 60 thousand of the Bricks about the time aforesaid he so negligently and improvidently he made fabricated and burnt That the aforesaid 60 thousand of Bricks for want of due making fabricating and burning of them would in no manner be serviceable for the aforesaid H. for the doing of the work and business they were to be employed about by which the businesse and work of him the said H. is much hindred and worsted whereupon he saith that he is damnified and hath damage to the value of 40. l. And thereupon he brings his Suit c. MIdd ss Richard Gresham Knight Citizen and Alderman of London complaines of Thomas Bridges in the custody of the Marshall Action of the Case for scandall of an Alderman of London for saying he was an Extortioner c. c. for that that is to say Whereas he the same R. is a true loyall and faithfull Subject of our Lord the King that now is and as a true loyal and faithfull Subject of our Lord the King without any crime of falsitie deceipt or extortion or of any other hurtfull crime from the time of his Nativity hitherto he hath governed and behaved himselfe And of such unblemished honesty and conversation hath been reputed and taken amongst all the faithfull Subjects of our Lord the King unspotted of any wicked crime of falsity Theft Robbery or Extortion or of any manner of deceipt and so for the whole time aforesaid was reputed As also with the most excellent and mighty Prince King Henry the 8th by the Grace of God c. was so taken and judged And thereupon in diverse weighty and difficult businesses of him the sayd Lord the King was used and employed in and into the Office first of one of the Sheriffs of London aforesaid and next Major of the same Citty by occasion of the premises was chosen and with unanimous free and voluntary consent and friendly election of all the Citizens of the City aforesaid was established and constituted and by force thereof the government tutelage and care of the said City and Common-wealth of the same under our Lord the King as a faithfull Deputy of our Lord the King as Major of that City by a whole yeare from the Feast of the holy Apostles Simon and Jude in such a yeare c. unto that Feast then next following he took upon him and had And by the same whole time that City as a faithfull Deputy of our Lord the King he kept and preserved safe and unhurt As also with all the Nobles Pears and Privy Counsellors of our Lord the King And all the great and eminent Persons of this Realme of our Lord the King and withall other the Subjects of our Lord the King of whatsoever state or condition for the whole time aforesaid as such a true loyall and faithfull Subject as is aforesaid from whatsoever crime of falsity or extortion to any the Subjects of our Lord the King hath been accepted and taken to be unspotted and untouched yet the aforesaid T.W. not ignorant of the premises c. of his own perverse malicious and wicked will plotting him the said R. of such his credit state honesty and reputation falsely maliciously subtilly and wickedly to deprive such a day and yeare those false English words following to the aforesaid R. in the presence and hearing of diverse siege and faithfull Subjects of our Lord the King at W. in the County of Middlesex with great oaths he did speak and pronounce that is to say you are a Powler and an Extortioner And the Country meaning the County of Suffolke is the worse by a thousand pounds for you And this I will prove by reason of which said false scandalous and malicious words he the said R. is not onely very greatly vexed and grieved in his body and by disbursing diverse summes of mony for charges and expences about the prosecution of his Suit in that bbehalfe for the purging of himselfe of the premises is very much damnified But also the same R. into very great distrust and infamy aswell with our Lord the King and his Councell aforesayd as with the Nobles and Pears of this Realm of our Lord the King of England as also with all other the faithfull Subjects of our Lord the King is by that means brought and fallen into To the damage of him the sayd R. 100. l. And thereupon he brings his Suit J Fisher Haberdasher Declaration against one for frequenting Company with another mans Wife unlawfully and dishonestly complains of Richard Washington Gent. of of a Plea of Trespas upon the Case And whereupon the same I. by c. complaines that whereas he the sâ—me I. F. by the space of ten years and more at London in the Art of a Haberdashers craft and other Arts with his Neighbours and other the liege people of our Lord the King well and lawfully hath used and exercised and by that occasion many great gaines profits and commodities to himselfe thereupon by the time aforesaid hath gotten and obtained And hath been of good name same and estimation as well with all his Neighbours as with divers other faithfull Subjects of our Lord the King taken and reputed By reason whereof many such faithfull Subjects of our Lord the King with the same IF for the time aforesaid before othermen they have had commerce and trading yet R. the aforesaid sufficiently knowing the premises plotting him the said I. as well in his Goods as in his aforesayd good name and estimation to hurt and worst and him the said I. to defraud of all such like gaines and profits which by reason of the exercising of his Art aforesaid by the time aforesaid he got and obtained And him the said I. F. into so great scandall and infamie to bring with all the faithfull Subjects of our Lord the King that the same Subjects of our Lord the King from
the company and fellowship of him the said I. F. should wholly withdraw and estrange themselves such a day and yeare and place c. and diverse other times and seasons between the same such a day and such a day then next following did frequently and unlawfully repaire and come to one Elizabeth then and as yet the Wife of the aforesaid I.F. at London c. And then and there openly in the Shop of him the said I.F. he then and there had unlawfull fellowship with the same E. And the same E. then and there at some times by lacivious words and other deceitfull and flattering glances and kisses and unchaste and dishonest provocations and by divers other unlawfull wayes and means did in a Devilish manner provoke and incite her the said E. to Luxury and the committing of Adultery with him the said R. And by such his frequent and unlawfull accesses and repayres to the aforesaid E. and the evill behaviour and conversation of him the said R. he the said I. could scarsely have her the said E. in the Shop of him the said I.F. openly before the Neighbours of him the said I.F. and al the people there passing then and there at other times for the space c. by the aforesayd R. for that time used by his the said R. having brought the same E. unto so great scandall infamie of the crime of Luxury and Adultery By reason of which c. the aforesayd I. not only all the profit and advantage which he by the aforesayd E. in managing of his houshold affairs and other businesses from the aforesaid such a day untill such a day was very likely to have gotten if the premises had not been committed hath totally lost and is deprived of but also he the said I F. is drawne into great shame scandall and infamy by reason thereof And remaines so disturbed and unquieted in minde that he about the necessary businesses concerning his Art aforesaid cannot seriously and earnestly intend And the same businesses for the whole time aforesaid by reason of the evill behaviour of the aforesaid R. as aforesaid to him the said I. remaine undone To the damage of him the said I. 100. l. And thereupon he brings his Suit E. P. Complaines of R A. Esquier in the custody of the Marshall c. For that whereas according to the custome of the Realme of our Lady the Queen of England hitherto used and approved every one of the same Kingdom is bound to keep his fire safely securely day and night So that for want of good keeping of such like fire any hurt or losse may in any manner happen to any of their Neighbours yet the aforesaid R. a Fire in a certaine house of his the said R. at E. in the County aforesaid kept so negligently and improvidently that for want of good keeping of his Fire One Barne of his the said E. as also his Goods and Chattells that is to say c. to the value c. in the same Barne then and there being were burnt to the damage of him the said E. c. And against the forme of the Custome aforesaid And thereupon he brings his Suit c. A B. Complaines of C. D. in the custody of the Marshall c. for that that is to say whereas the aforesaid Plaintiffe and Defendant such a day yeare and place had accompted together between them selves of diverse summes of Mony to the aforesaid A. formerly due c. And upon that Accompt the same Defendant was found in arrerages towards the aforesaid Plaintiff in 100. l. Gilders of Flanders mony amounting unto the summe of c. of lawfull mony of England And being c. WHerefore whereas the same Plaintiff had bargained with the aforesaid Defendant such a day yeare and place to buy of him ten Quarters of Malt the aforesaid Defendant knowing that Malt to be corrupt and insufficient to make beare withall by warranting that Malt to be good and sufficient to make bear thereof the aforesaid Malt to him the said Plaintiff for a certaine summe of mony falsely and fraudulently he there sold To the damage of him the said Plaintiff 40. l. c. STATUTE OF MAYNTENANCE Declaration upâ—â— the Stâ—â—â—â— of 〈…〉 in 〈◊〉 by Originâ—â—â— Mâ—ch 11 〈◊〉 6. Roll. 84. JOhn King of London Draper and Nicholas Bulloyne of London Merchant were attached to answer as well to our Lord the King as F. N. otherwise called c. of a Plea wherefore whereas in the Statute at Westminster lately published amongst other things it is contained that No person of the Realm of England of whatsoever state degree or condition soever he were of should maintaine or uphold in the Country or elsewhere under the paine of imprisonment and making fine and redemption to our Lord the King at the will of every such Lord the King that is to say according to their Estate degree and demerit And the aforesaid I. and N. a Plea of Complaint which was in the Court of our Lord the King â—â—â—s City of London before S. Brown one of the Sheriff of the same City without the Writ of him our said Lord the King according to the Custom of the City aforesaid between the aforesayd F and I Garrâ—n Merchant of Catalonia of the debt of 68 l. 10 s. and 6. d. which 〈◊〉 â—â—me I G. required from the aforesayd F. at Burton in the Clay for and on the part of him the sayd I. G. have maintained and sustained in the contempt of our sayd Lord the King and his the sayd F. great damage And against the forme of the Statute c. And whereupon the same F who as well c. in his proper person Complaines for that whereas in the Statute at Westminster lately published amongst other things it is contained that no person of the Realm of England of whatsoever state degree or condition he should be of should maintaine or sustaine any playnt in the Countrey or else where under the paine of imprisonment and making fine and redemption to our Lord the King at the will of every such Lord the King that is to say according to their Estate degree and demerit the aforesayd J. L. and N. such a day yeare and place the plaint which was in the Court of the Lord the King of his City of London before S. B. one of the Sheriffs of the same City in Guild-hall of the City aforesayd in the Parish of St. Lawrence in the old Jury in the Ward of Cheap London without the writt of him the said Lord the King according to the custom of the City aforesayd between the aforesayd F. and I. G. Merchant of Catalonia of the Debt of 68 l. 10. s. and 6. d. which the same I.G. required of the aforesayd F. at Burton in the Clay for and on the part of him the sayd I G have maintained and sustained in the contempt of our sayd Lord the King and the damage of him the sayd F.
200. l. And against the forme of the Statute aforesayd And thereupon he brings his Suit c. AND the aforesayd Iohn Linge and N. de Boloyre in their proper person come and defend the force and injury when One of the Defendants pleads not guilty and the other a speciall Iustification c. and all contempt and whatsoever c. And the aforesayd John Linge sayes that he is nothing guilty of the mayntenance and sustentation aforesayd on him in forme aforesayd imposed and of this he puts himselfe upon the countrey And the aforesayd F. in like manner c. and the aforesayd N. sayes that the aforesaid F. ought not to have his Action aforesayd against him because he saith that long before the maintenance aforesayd was supposed to be made the same N. was dwelling in the City of London holding a certaine common Inne in the Parish of Saint Georges in the Warde of Billings-gate London for whatsoever Forreigners to that Inne comming and going to lodge and entertaine And sayes that the aforesayd J. Garron long before the sayd time of the maintenance aforesayd â—upposed and at the same time wherein the same maintenance was supposed to be made was lodged and entertained in the Inne aforesayd with him the said N. whereupon he the sayd I. G. told and reported to him the sayd N. that he had brought against the aforesayd F. in the Gâ—ild-hall of the City aforesayd before the aforesayd S. B. then one of the Sheriffs of the City aforesayd the playnt aforesayd of the debt aforesayd desiring him the said N. that whereas he the said I. was a Stranger and not knowing how to speak the English tongue that he the sayd N. would go with him the sayd I. to Guild-hall aforesaid to provide him of sufficient Counsell in the plaint aforesayd for the debt aforesayd and would declare the matter of the same plaint to his said Counsell in the English tongue Whereupon he the sayd N. at the request of him the sayd I. went with him to the Guild-hall aforesayd at the time wherein the maintenance aforesaid is supposed to be made and did provide for him the said I. G. Counsell in the plaint aforesaid of the Debt aforesaid and that matter to the same Counsell in the English tongue did declare desiring the same Counsell that they would advise and help the aforesayd I.G. in that plaint as should be just Traverse the place as it was lawfull for him to do without that that the same N. is guilty of the maintenance and sustentation of the plaint aforesayd of the Debt aforesayd in the sayd County of Bedford in the forme wherein the same F. above by his Writ and Declaration aforesayd above supposeth And this c. whereupon c. Issue upon the traverse AND the aforesaid Playntife sayes that he ought not by any thing before prealleaged to be debarred from having his Action aforesayd because he saith that the aforesayd N. is guilty of the maintenance and sustentation of the playnt aforesayd of the Debt aforesayd in the said County of Bedford in manner and form as hee the same F. above against him hath complained And this he prayes may be enquired of by the Countrey and the aforesayd N. in like manner c. Therefore the Jury thereupon is to come before our Lord the King from the day of Saint Martin in fifteen dayes wheresoever c. And who neither c. To recognize c. Because as well c. The same day is given to the Parties aforesayd c. And the Processe thereupon being contained between the parties aforesayd by the Jury put in respit thereupon between them before our said Lord the King from the day of St. Hillary in fifteen dayes then next following wheresoever c. for want of Jurors c. At which day before our Lord the King at Westminster came the parties aforesayd by their Attorneys aforesayd and the Jurors of that Jury being impannelled and called in like manner The Entrie of a Verdiction the Statute of Maintenancâ— come who being chosen tryed and sworn to speak to the truth of and upon the premises say upon their Oath that the aforesayd N. is guilty of the maintenance and sustentation aforesaid in the forme wherein the aforesaid F. above against him the said N complaineth and they assesse the damages of him the said F. by the occasion of the maintenance and sustentation aforesayd above his costs and charges c. unto 100. l. And for his costs c. unto eight pounds And further the same Jurors upon their Oath aforesaid say that the aforesaid I. L. is in nothing guilty of the maintenance and sustentation aforesaid c. Therefore it is considered that the aforesaid F. recover against the aforesaid N. his damages aforesaid as well by occasion of the maintenance and sustentation aforesaid as for his costs and charges by him about his Suit in that behalfe laid out by the Jury aforesaid to 108. l. in form aforesaid taxed c. And that the same N. be taken c. And that the aforesaid F. be in mercy for his false clayme against the aforesayd I. of the maintenance and sustentation aforesaid for that the same I of the maintenance and sustentation aforesaid by the Jury aforesaid above stands acquitted And that the same I. L. go without day c. Afterwards to wit the second day of June in the eleventh year of the Raign of our Lord the King that now is the aforesaid N. is committed to the Marshall c. for the damages aforesaid there to remain untill the aforesaid F. of those damages shall be fully satisfied and that he shall have made his Fine to our Lord the King in that behalfe c. A remittiter entered Afterwards to wit the eleventh day of July such a yeare came the aforesaid F. before our Lord the King at Westminster in his proper Person and freely remits and releases his damages aforesaid as also all manner of execution which against him by reason of the premises he either hath or may have Therefore it is considered that the aforesaid N. go without day c. AND the aforesaid Defendant sayes Iustification in Maintenance as for a servant that he at the time of the levying of the plaint aforesaid And before the levying of the same Action and before the maintenance aforesaid supposed to be made and at the time of the maintenance aforesaid supposed to be made was a Companion of the Society of Lincolnes Inne London in the Ward of Farington without which said Society is a certaine Society of Men of the Courts of the Temporall Lawes and of Counsellors of the aforesaid Lawes from time out of mind hath so been And that he before the levying of the playnt aforesaid and before the maintenance aforesaid supposed and at the time of the maintenance aforesaid supposed was and yet is a Counsellor learned of and in the Law aforesaid
And sayes that he at and by the request of the aforesaid I. B. and W. T. in the Bill aforesaid named before the maintenance aforesaid supposed was reteyned at F. in the County of B. to be of Counsell with them the said I and W. in the Bill aforesaid named Taking therein for his Counsell as then and there between them was agreed By virtue of which Reteynder the same B was of Counsell of the aforesaid I and W. as well in the matter in the plaint aforesaid contained as in all other their Law matters and them counselled according to the best of his understanding knowledge and conception of the Law at the time of the maintenance aforesayd supposed and had Communication with other persons of their Counsell and them he requested and laboured to be of their Counsell as it was lawfull for him to do which is the same maintenance whereof the aforesaid Plaintiffe in his Bâ—ll aforesaid complaines Which all and singular the same Defendant is ready to averre Whereupon he prayes judgement whether the aforesaid Plaintiffe ought to have his Action aforesaid against him c. The Plaintife sayes that the Defendant was a Lay man and not a Counsellor AND the aforesaid A. sayes that he by any thing before pre-alleadged ought not to be debarred from having his Action aforesaid because he saith that at the time of the maintenance aforesaid the aforesaid Defendant was a Lay man and not a Counsellor learned of and in the Law aforesaid as the aforesaid Defendant hath above alleadged And this he prayes may be enquired of by the Countrey And the aforesaid Defendant in like manner c. Iustification in mayntenance as an Attorney by warrant of Attorney AND the aforesaid I. B. in his proper Person comes and having heard the Bill aforesaid defends the force and injury when c. and all contempt and whatsoever c. by Protestation that the Bill aforesaid containeth not in it sufficient matter to enforce him the sayd I. to answer the same matter for Plea he saith that he presumeth not that our Lord the King will impeach or molest him the said I. of the maintenance aforesaid by occasion of the Bill aforesaid because he saith that the aforesaid R.P. before the time wherein the maintenance aforesaid was supposed to be made that is to say such a day and year in the Court of our Lord the King before him the said King at Westminster the aforesaid plaint then depending in the same Court by Writ of Attaint by a certaine Warrant of Attorney residing here in Court constituted and ordained and put in his place him the said I.B. to prosecute for him the said R.P. the aforesaid Writ of Attaint or to gaine or loose in that plaint and the same I. B. was to this admitted by the same Court as it appears here in the same Court amongst the Warrants of Attorney of the Term of the Holy Trinity in the 34th yeare aforesayd By which the same I.B. the said Writ of Attaint for the aforesaid R. P. prosecuted and for him the said R. P. apeared in the same plaint as Attorney of him the said R. P. by vertue of the Waâ—â—ant aforesaid the said time wherein c. as it was lawfull for him to do which said prosecution and appearance are the same maintenance whereupon the said Lord the King prosecutes his Action And this he is ready to averre as the Court c. whereupon he presumeth not that the said Lord the King him the said I. B. of the maintenance aforesaid by occasion of the Bill aforesaid in this case will impeach or molest and prayes that he may be quietly therefrom dismissed c. And the aforesaid R. F. by G.L. his Attorny comes and defends the force and injury when c. and all contempt and whatsoever Iustification in Maintenance by cause of Consanguinitie c. And sayes that the aforesayd W. C. ought not to have his action aforesayd against him because he saith that he the same R. F. is and the sayd time wherein the Maintenance aforesaid was supposed to be made was Cosen of the aforesaid R. M. that is to say Son of Margaret Sister of Alice mother of the aforesaid R.M. for whose part the aforesaid W.C. supposeth him the said R.F. to have maintained the plaint aforesaid And the same R. F. sayes further that the aforesaid R. M. for whose part c. before the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto him the sayd R. F. and requested him the said R. F. that he the said R. F. would procure a certaine man learned in the Law of the Land to be of Counsell of him the said R. M. in the playnt aforesaid And that the same R. M. would well and sufficiently reward him for his Counsell By virtue of which request he the said R.F. the said time wherein the maintenance aforesaid was supposed to be made at S. aforesaid came unto one E. L. learned in the Law of the Land and requested him the said E. that he would be of Counsell with him the said R. M. in the playnt aforesaid and told him the said E. that the aforesaid R.M. would well and sufficiently reward him the said E. for his Counsell Which said coming to the aforesaid E. requesting and speaking to him the said E. out of the cause aforesaid are the aforesaid maintenance whereof the aforesaid W. C. brings his action aforesaid And this c. as the Court c. Whereupon he prayes judgment whether the aforesaid W.C. ought to have his Action aforesaid against him c. And the aforesaid W. C. not acknowledging that the aforesaid R.F. is a Cosen of the aforesaid R. M. in the form wherein the same R. F. above supposeth The Plaintife replies that the Defendant gave money to the Iurors of his own to give a Verdict for Plea he saith that he by any thing before alleadged ought not to be debarred from having his Action aforesaid because he saith that the aforesaid R. F. the said time wherein the maintenance aforesaid was made at S. aforesaid gave oâ— his own proper Money to one I. P. 6 s. 8 d. being one of the Jurors who were impannelled on the aforesaid Writ of Novell desseisin to be arraigned and before the aforesaid I. P. and R. L. Justices of Assizes of our Lord the King in the County aforesaid assigned to be taken returned between the aforesaid R. M. and the aforesaid W.C. the now Plaintiff And unto T. R. 3 s. and 4 d. another of the Jurors on the aforesaid Writ of Assize of Novel desseisin in like manner impannelled and before the aforesaid Justices between the same parties in the playnt aforesaid named to speak their verdict with the aforesaid R.M. in the same plaint Which said gifts are the same mayntenance upon which the same W. C. conceiveth his action aforesaid And this c. as the Court
form of the Statute aforesaid in manner and form as he the same T. above by his Declaration alleadgeth and of this he puts himselfe upon the Countrey And the aforesaid T. A. who as well prosecutes for our Lady the Queen as for himselfe in like manner c. Vpon the Statute of Mayntenance where the Defendant took promise to have parcell of the Land Declar. as before yet the aforesaid R. little weighing the Statute aforesaid after the publishing the Act aforesaid to wit such a day and yeare at Derby for a certaine summe of money between him the said R and one W. L. of C. in the County of W. Yeoman agreed upon took of the same W. a promise to have the Moyetie of eight Messuages three Cottages and twenty Acres of Land with the Appurtenances in Derby of which said Moyetie of the same Tenements with the Appurtenances the aforesaid W. or any of his Predecessors or he by whom the said W. clayms the same Moyetie with the Appurtenances was not nor were not in possession nor seised of the same in Reversion or Remainder nor did receive or recovered the Rent or profits thereof by the space of one whole yeare next before the promise aforesaid thereupon made And the same W. B. sayes that the aforesaid R. D. the aforesaid time of the promise of the Moyetie of the Tenements aforesaid with the Appurtenances in form aforesaid made known that the aforesaid W. L. or any of his Antecessors or those by whom the same W. claimes the same Moyetie was not nor ever were in possession nor seised of the same Moyetie with the Appurtenances in Reversion or Remainder nor did receive or received the Rents or profits thereof by the space of one whole yeare next before the promise thereupon made And further the same W. sayes that the true and entire value of the Moyetie of the Tenements aforesaid with the Appurtenances in manner and forme of the aforesaid promise in the aforesaid time of the same promise did amount to the summe of 200. Marks By which the Action did accrue to him the said W. who as well c. to require and have of the aforesaid R. for the aforesaid Lady the Queen and for himselfe the aforesayd 200 Marks the value of the Tenements aforesaid with the Appurtenances against the forme of the Act aforesaid so promised yet the said R. although often required the aforesaid 200 Marks to him the said W. who as well c. he hath not as yet rendered but the same him to render hitherto hath denied and as yet denyeth Whereupon the same W. who as well c. sayes that he is worsted and hath damage to the value of twenty pounds and thereupon he brings his Suit c. And the aforesaid R. by D.C. his Attorney comes and defends the force and injury when c. and by Protestation in that the aforesaid W. was in possession of the aforesaid Moetyie of the Tenements aforesaid with the Appurtenances and receaved the Rents and profits thereof by the space of the aforesaid one whole yeare next before the aforesaid one and twentieth day of July in the sixth yeare aforesaid By protestation also that the true and entire value of the aforesaid Moyetie of the Tenements aforesaid with the Appurtenances the aforesaid one and twentieth day of July did not amount to the aforesaid summe of two hundred Marks For Plea the same R. saith that he took not of the aforesaid W. L. the promise to have the Moyetie of the Tenements aforesaid with the Appurtenances against the forme of the Statute aforesaid as the aforesaid W. B. by his Declaration aforesaid above against him supposeth And of this he puts himselfe upon the Countrey and the aforesaid W. B. in like manner c. Declaration upon the Statute of scandall mayntenance of 2 Richard the 2. Damage recovered by the Bishop of Winester against T. Iones upon this Action See Trin. 2 H. 8. rol 30. The like Easter 7 Hen. 8. Rol. 43. SVff T. Lucas late of London Gent. was attached to answer Edward Dâ—â—e of Buckingham of a Plea Wherefore whereas in the Parliament of our Lord King Richard the second late King of England after the Conquest held at Gloucester in the second yeare of his Raign published â—mongst other things it is ordained and strictly prohibited none should be so bold as to affront speak against or defame the Prelates Dukes Earles or Barons of his Realme of England nor of the Chancellor Treasurer or Clerk of the private seale Steward of his house-hold Justices of our Bench nor of other great Officers of the Kingdome aforesaid by any false newes lies or any the like false scandals whereby any scandall or discords within the aforesaid Kingdome may arise And that whosoever should do this should have and incurre the punishment otherwise thereupon ordayned by the Statute of Westminster the first as in the same Statute more fully is contained yet the aforesaid T. L. little weighing the aforesaid Statute divers false and horrible lyes of the aforesaid Duke then being one of the Peares of this Kingdome at Rasbie scandalously spoke and reported and in English words publickly published the words subscribed in English following that is to say That the said Thomas said that he set not by the Duke two pence and that the sayd Duke hath no more conscience then a Dog and so the said Duke may have goods he force not how he come thereby Whereby great scandall and discord to him the said Duke then there within the said Kingdome might arise in contempt of our said Lord the King that now is and to the dammage of him the said Duke one thousand pounds and against the forme of the Statute aforesaid c And whereupon the same Duke by I.C. his Attorney sayes c. that the aforesaid T. Lucas the Statute aforesayd little weighing such a day and yeare diverse false and horrible lyes of the aforesaid Duke then one of the Peares of this Kingdome being at R in the County of Suffolk aforesaid scandalously spoke and reported and in English words publickly published the words subscribed in English following that is to say that c. Whereby great scandall and discord to him the said Duke then there within the said Realme might arise in the contempt of our Lord the King that now is and to the damage of him the said Duke one thousand pounds c. And against the forme of the Statute aforesaid and thereupon he brings his Suit c. HErtf ss Richard Warnecomb lately of c. under-Sherife of T.C. Esquier Sherife of the County aforesaid Declaration upon the Statute of 23. Hen. 6. against Extorrion in any Sherifs c. Mich. 2â— Hen. 8. Rollo 358. was summoned to answer I. E. who prosecutes as well for our Lord the King as for himself of a Plea that he render him forty pound which he owes him and unjustly detaines c. And whereupon the same I.
E. who prosecutes for our Lord the King in that behalfe for the same Lord the King sayes that Whereas in the Statute in the Parliament of our Lord King Henry the 6th late King of England held at Westminster in the 23th yeare of his Raign amongst other things it is ordained and established that no Sherife undersherife Baylife of any Liberty or franchise or any other Baylife by occasion or colour of his Office should take any other thing by them c. and so recite the Statute And that all Sherifes under-Sherifes Bayliffs of liberties or other Bayliffes or any other Officers or Ministers who should do contrary to the Ordinance aforesaid or any the Articles in the same should loose to the party grieved in that behalfe his damages to the trouble and should forfeit the summe of fortie pound each Sherife wherein he or any of them should do contrary to the Ordinance aforesaid Whereof the Lord the King was to have one Moyetie to the use of his houshold and no other wayes and to him who in that behalfe will prosecute another moyetie thereof as in the same Statute more fully is contained yet the aforesaid Defendant little weighing the aforesaid Statute such a day and yeare then being under-Sherife of the County aforesaid at such a place by colour of his Office aforesaid took Extortiously of one I. D. by the hands of one R. W. for the making and returning of a certaine pannell upon a Writ of Venire facias at the Suit of the aforesaid I. D. against R. H. and others in the same Writ contained in a Plea of trespasse prosecuted thirteen shillings and foure pence against the forme and effect of the Statute aforesaid by which the Action accrued to the said Lord the King to require and have of the aforesaid Defendant the aforesaid forty pound yet the aforesaid Defendant allthough often required c. the aforesaid forty pounds to the said Lord the King he hath not as yet rendered it but the same to him hitherto to render he hath denyed and as yet doth denie Whereupon c. The Defendant pleads that he took not against the form of the Statute AND the aforesaid Defendant by W.C. his Attorney comes c. and sayes our aforesaid Lord the King him the said Defendant by occasion of the premises in an thing to impeach or trouble ought not because he saith that he took not of the aforesaid I. D. the aforesaid thirteen shillings and foure pence against the forme of the Statute aforesaid as the aforesaid I. C. for our Lord the King aforesaid above hath alleaged And of this he puts himselfe upon the Countrey And the aforesaid I. which c. for our Lord the King in like manner c. Therefore c. VVITHERNAM WIlts ss Command was to the Sheriffe as it was often commanded him Entries of a Plure Replegiare that instantly and without delay he should cause to be replevyed to R. D. his cattell which E.P. I. D.W.S. and W. W. took and unjustly detained or that he should be before our Lady the Queen in eight dayes of Saint Hillary last past wheresoever The Sherife returnes the cattell were so farre off remved c. c. to shew wherefore the command of our Lady the Queen so oftentimes thereupon to him directed he had contemned and the same Sherife to her the said Lady the Queen at that day returned that the Cattell aforesaid were removed afarr off to a place unknown unto him by the aforesaid E.P. others so that he could not have the view of them Therefore command was to the same Sherife The entrie of a Withernam and Pone that of the cattell of the aforesaid E P. and others in his Bailywick he should take in Withernam and the same to the aforesaid R.D. he should cause to be delivered to be held to him untill the aforesaid E. and others would deliver the cattell aforesaid and in what manner he should have executed the same precept he should make known to our Lady the Queen from the day of Easter in fifteen dayes wheresoever c. The returne of the Writ Command was also to the same Sherife that if the aforesaid R.D. should make him secure of prosecuting his Complaint as also of returning the cattell aforesaid if the returne thereupon should be adjudged then he should put by sure and safe pledges the aforesaid E.P. and others that they should be before our Lady the Queen at the aforesaid Term to answer the aforesaid R. D. of the taking and detaining of the cattell aforesaid At which day before our Lady the Queen at Westminster came the aforesaid R. D. by M. Moseley his Attorney And the Sherife returned that the aforesaid R. D. had made him the said Sherife secure of prosecuting his Complaint aforesaid and of the returne of the cattell aforesaid if the returne hereupon should be adjudged and that the aforesaid E.P. is attached by Pledges of W.P. and G.G. as also that the aforesaid I.T. W.S. and W.W. hath nothing within his Baily-wick whereby they can be attached The same Sherife also returnes that he the 24th of March in the one and twentieth year of the Raign of our Lady E. now Quen of England took in Withernam two horses whereof one is of Colour white and the oâ—her very gray and three Maâ—â—s whereof one is of a bay Colour another of a Gray colour and another of a daple Gray and eighteen Sheep of the Cattell of the aforesaid E.F. and others and the same to the aforesaid R. D. he hath caused to be delivered to be held unto him untill the said E. and others the cattell aforesaid formerly taken they will deliver as it was commanded unto him and the aforesaid E. P. and others the fourth day of the plea being solemnly called by R. Best their Attorney in like manner came upon which the aforesaid D. declaring aganst the aforesaid E. P. and others complaines that they such a day and yeare at Lockeridge in the Parish of Fifeeld in the County aforesaid in a certaine place there called the Common Field took the cattell of him the said Robert that is to say six Geldings of the price of 24. l. and them unjustly detained against Sureties and Pledges c. Whereupon he saith he is worsted and hath damage to the value of forty pounds And thereupon he brings his Suit c. Judgement for the Plaintiff in a Replevin upon a Demurrer in Law Easter 30. Eliz Rot. 196. THE Plaintiff declares and the Defendant pleads in acknowledgment c. and the Plaintiff pleads in Bar and the Defendants rejoines to the Bar and thereupon the Plaintiff demurs in Law and they join in Demurrer and Judgment was had for the Plaintiff as followes Because as yet c. at which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid Vpon which all and singular the premises being seen
the judgement in the same Record was rendred that he should be taken as if it were entred in the same Record within And nothing of Fine of that party because he is pardoned as the aforesaid I.S. by his Plea aforesaid above hath alleged And further the aforesaid chief Justice of our Lady the Queen of her Bench aforesaid by vertue of the aforesaid Writ of our Lady the Queen further certifies that having serched the Rolls of Robert Berners Phillizer of the County of S. of the Term of Easter in the 41. year of the Reign of our Lady the Queen that now is he finds as within in these words appears That is say Pleas at Westminster before Edmund Anderson Knight and his fellows Justices of our Lady the Queen of her Bench here of the Term of Easter in the Reign of our Lady Elizabeth by the grace of God c. the 41. Roll 386. The Entry of the Warrant of admission with the Phillizer ss IOhn Mallows and W. E. are admitted by the Court of our Lady the Queen here to prosecute for I. S. who is within age as the next of Kindred of him the said I. S. against N. S. lately of c. Gentleman of a Plea of Trespass and assault Which said Writ so as aforesaid returned amongst the Records of this Court is filed Upon which the aforesaid I. S. sayes that in the Record and Process aforesaid nor in the rendring of the judgement aforesaid there is nothing erroniouâ— and prayes that the Court of our Lady the Queen here may proceed unto examination aswell of the Record and Process aforesaid as of the matters aforesaid above for errors assigned and that the judgement aforesaid may be affirmed And because the Court of our the Lady the Queen here of their judgement of and in the premises to be rendred are not as yet advised day thereupon is given to the parties aforesaid before our Lady the Queen untill eight dayes of St. Michael wheresoever c. of hearing thereupon their judgement for that the Court of our Lady the Queen here thereupon are not as yet At which day before our Lady the Queen at Westminster came the parties aforesaid by their Attorneys aforesaid and upon this all and singular the premises being by the Court of our Lady the Queen here seen and fully understood and mature deliberation thereupon had for that that it seems to the Court of the Lady the Queen here that aswell the aforesaid Writ of Certiorare to the aforesaid chief Justice of the Common Bench in form aforesaid issued and directed as the aforesaid answer of the same chief Justice of the Bench unto that Writ as now it remains filed upon Record before our Lady the Queen does not sufficiently and fully agree and answer the aforesaid allegation of the aforesaid I. S. as to the aforesaid custom oâ— the said Court of Bench for the entring of an admission of an Inâ—ant to prosecute by his next of Kindred in any his Pleas in the Rolls of the same Court where the Declaration of such infant is entred and enrolled by the aforesaid I. S. above a leged so that the same Court of our Lady the Queen before her the said Queen here for the incertaintie of the truth of such custom of the said Court of Bench in that behalf in form aforesaid alleged to their judgement of and upon the premises aswel on the part of the aforesaid N. S. in deniall as on the part of the aforesaid I. S. in affirmation to the judgement aforesaid above alleged cannot proceed Without more full information of the consciences of the Justices And that the Court of our Lady the Queen here before her the said Queen of the truth of the custom of the said Court of Bench in that behalf above alleged An Alias Cerâ—orare warded Therefore it is commanded the aforesaid chief Justice of the Bench aforesaid that he the full and whole certaintie and truth of the aforesaid custom of the said Court or Bench of the entrie of the admission of Infants to prosecute by their next of Kindred in personall Pleas in the same Court by the aforesaid I. S. above alleged to our Lady the Queen aforesaid from the day of St. Hilary in fifteen dayes wheresoever c. doe certifie together with the Writ thereupon to him directed c. The same day is given to the parties aforesaid c. At which day before our Lady the Queen at Westminster aforesaid came the parties aforesaid by their Attorneys aforesaid And the aforesaid Chief Justice of our Lady the Queen of the Bench aforesaid by vertue of the Writ aforesaid to him thereupon in form aforesaid directed to her the said Lady the Queen at Westminster aforesaid at the same day certified The Return of the Cerâ—â—rare that in the said Court of our Lady the Queen of the Bench is had and from the time out of mind there hath been had such a custom used and approved in the same Court of Bench that every admission of any Infant to prosecute in the same Court of Bench aforesaid by his next of Kindred in any Plea entred and inrolled and to be entred and inrolled have been used and accustomed in the Roll where the Declaration in that Plea is entred and inrolled Which said Writ so as aforesaid returned together with the return thereupon amongst the Records of this Court is filed And upon this the aforesaid I. S. further prayes that the Court of our said Lady the Queen here may proceed to the Examination aswell or the Record and Process aforesaid as of the aforesaid matters above for errors assigned and that the judgement aforesaid may be affirmed and because the Court of our said Lady the Queen here are not as yet advised of and upon the rendring their judgement of and upon the premises day is thereupon further given to the parties aforesaid before our Lady the Queen Mich. Term 41. 42. Judgement was affirmed in this cause Roll. 417. untill from the day of Easter in fiftteen dayes wheresoever c. of hearing thereupon their judgement For that the Court of our said Lady the Queen here thereupon as yet have not c. ss AFterwards to wit on Saturday the 9. The affirmation of a judgment upon a Wâ—t of Error out of the Kings Bâ—â—ch into the Exchequer Chamber day of February in the 2. year of the Reign of our Lord the King that now is The transcript of the Record and Process aforesaid between the parties aforesaid with all things touching them by reason of a certain Writ of our Lord the King of correcting error by them the said Thomas Scot Elizabeth and Thomas Forn of and upon the premises prosecuted before the Iustices of our said Lord the King of his Common Bench and the Barons of the Exchequer of our said Lord the King in the Exchequer Chamber aforesaid according to the form of the Statute in the Parliament of the
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'
May in the 30. year of the Reign of the said now King were in arrear unto the said I. Broker and Agnes not paid they the said J. Cop. T. Cop. and J. Horn as servants of them the said J. Broker and Agnes and by their Command at the said time in which c. the aforesaid Cattell in the said place called Wilpark by the name of Distresse for the said 30. shillings so as it is aforesaid of the sayd annuall Rent remaining behind Without this that they took the Cattell again for which cause they formerly had taken them they took and deteined as it was lawfull for them to do without this that the said J. Cop. T. Cop. and J. H. at the said time in which c. they took the said Cattell for the same occasion which before they had taken them as the said J. G. before against them Complaineth And this c. Whereupon he prayeth Judgement if an Action c. he ought to maintain c. Plaintif saith that the said Rent was not behind but that the said Cattell were taken for the cause before Venit ' fâ—c ' awards upon 2. Issues ss ANd the said I. G. saith that he by any matter before alleged from his said Action sued had of the taking and deteyning of the said Cattell against the foresaid I. Cop. T. Cop. and I. Horn ought not to be precluded because he saith that the said Rent was not in arrear unto them the said I. Broker and Agnes at the said Feasts as c. and so as before saith that the said I. Cop. T. Cop. and I. H. took the said Cattell for the same occasion which they formerly took them as the said I. G. before against them complaineth And this he prayeth that it may be inquired of the Country c. And the said I. Cop. T.C. and I. H. likewise c. therefore as to the trying of that issue as the other issue between the said parties before likewise joyned thereupon commeth the Jury before the said King from the day of S. Hillary in fifteen dayes wheresoever c. ss AND the said I. B. by T. A. his Attorney commeth Defendant avoweth the taking of the Cattell for that the Plaintif being his Tenant by homage Fealty and Escuage and sute of Court and because he did not Homage and Sute of Court at the said Court of him the Defendant he avows c. and defendeth the force and Injury when c. and doth well avow the taking of the said Cattell in the said place in which c. and justly c. Because he saith that the said I.G. doth hold of him the said I.B. as of his Mannor of S. in the same County one Messuage and two acres of land with th' appurtenances in the said Town of S. wherof the said place in which c. is parcell by Homage and at Escuage of the Lord the King 40. shillings when it should happen 40. d. and at more more and at lesse lesse And by service to do Sute to the Court of him the said I. B. of his Maannor of S. aforesaid at G. from three weeks to three weeks and by the Rent of ten pence unto him the said I. B. and his Heirs at the Feast of Easter and St. Michael the Arch-Angel by equall portions yearly to be paid of which said Services one T. P. grand-father of him the said I. B. whose Heir he is was seized by the hand of one R. F. then Tenant of the said Messuage and Land with th' appurtenances As by the hand of his true Tenant of which said R.F. the Estate of the said I.G. now hath in the same Messuage and Lands with th' appurtenances and from the said T. P. Grandfather c. descended the said Mannor and Services with th' appurtenances unto one Iohane P. as his Daughter and Heir of the said T. P c. And from her the said Iohane descended the same and Services with th' appurtenances unto the foresaid I. B. who now avoweth as Son and Heir of the said Iohane And because the homage of the said I. E. and also sute at the said Court of him the said I. B. holden at G. aforesaid sixth day of October next before the day of the said taking they justly belonged unto the said I. B. the said I. B. avoweth the taking of the said Cattell in the sayd place in which c. as in parcell of the said Tenements of him the said I. B. in form aforesaid holden above the said I. G. and above his true Tenant and within his Fee c. ss AND the said I. G. saith that the said I. B. the taking of the said Cattell in the foresaid place in which Plaintif saith that the place in which c. is without his Fee c. ought not to avow just because he saith that that place is and at the time of the said taking was without the Fee and Lordship of him the said I. B. And this he is ready to prove whereupon from that the said B. before hath acknowledged the taking and detension of the said Cattell he prayeth Judgement and his Damages by that occasion to be adjudged unto him c. ss AND the said I. B. saith that the said place in which c. is and at the time of the said taking was within the Fee and Lordship of him the said I. B. in the form which the said I. B. by his Avowment aforesaid hath supposed and not without his Fee and Lordship And of this he putteth himself upon the Countrey c. Defendant avoweth the taking of the Cattell for that one N.L. held the other parcel of land whereof the place in which c. is parcel of one R.B. whose Heir the Defendant is by Homage Fealty and Escuage and Rent of 20. s. by the year one I. L. hâ—d the estate of the said N. L. suffered the Homage to be unperformed and the Rent unpaid Discent ss AND the said I. T. by W.B. his Attorney commeth and Defendeth the force and injury when c. and doth well avow the taking of the said Cattell in the said place in which c. And justly c. because he saith that one N. L. was lately seized of six Messuages with th' appurtenances in little L. aforesaid in his Demesn as of Fee whereof the place in which c. is parcell and the said Messuage with th' appurtenances held of R. B. by Homage Fealty and Escuage of the Lord the King 40. shillings when it should happen 10. shillings and at more more c. and at lesse lesse c. and by the Rent of 20. shillings unto the said R. and his Heirs at the Feasts of Easter and St. Michael th'Arch-Angell by equall portions yearly to be paid of which Services the said R. was seized by the hand of the said N. as by the hand of his true Tenant of the said Fealty as of Fee and right and of the
and B. W. before alleged saith that one W. I. was seized of the said Mannor of H. whereof the whole place in which c. is parcell in his Demesn as of Fee and as yet remaineth and so thereof seized in the Feast of St. Michael th'Arch-Angell in the 20th year of the Reign of the said now King at H. Demised unto the said I.I. that Mannor with th' appurtenances To have to him and his Assigns at the Term of ten years then next following and fully to be compleated by virtue of which said Demise the said I. I. of that Mannor with th' appurtenances of such estate was possessed and as yet remaineth And so saith that he doth hold the said Mannor with th' appurtenances at the term of years in form aforesaid the said Freehold and Fee thereof being in the person of the said W. I. without which said W.I. the said I.I. saith that he cannot answer unto the foresaid W. and W. to the said Acknowledgement and prayeth Ayd of him the said W. I. and hath c. Therefore the Sheriff is Commanded that he summon by good Summons the said W. I. that he be before the Lord the King such a day wheresoever c. to answer unto the said W. and B. together with the said I. and I. to the said acknowledgement if c. the same day is given unto the parties c. At which day before the said King at Westminster commeth aswell the said I. I. as the said W. and B. by their said Attorney Essoyn of a bad retorn and the said W. I. then caused himself to be Essoined of a bad retorn comming After which Summons c. of the said Plea and hath thereupon day by his Essoin here untill to this day that is to say such a day then next following c. And now here at this day commeth aswell the said I. as the said W. and I. by their said Attorney And the said W. I. the Summons unto him in the said County being made by W. S. his Attorney likewise commeth and joyneth himself with the said I. I. to answer unto the said W. and B. together with the said I. I. to the acknowledgement aforesaid Enquire if the retorn of the Sheriff that he had not summoned should not be expressed here Joyn in aid Impartance And upon this aswell the said I. as the said W. I. prayeth Licence thereupon to impart here untill in c. of St. Michael and they have c. the same day is given to the said W. and B c. At which day here commeth aswell the said I. I. and W. I. who joyneth c. as the said W. and B. by their said Attorney And the said I. I. and W. I. say that the said W. B. and B. the taking of the said Sheep in the said place in which c. for the reason by them before alleged they ought not to acknowledge just because they say that one T. D. and W. D. were seized in their Demesn as of Fee of the said Mannor of H. with th' appurtenances whereof the said place in which c. is parcell long before the said R. had any thing in the said Mannor Plaintif saith that the Grantor had nothing in the Mannor unless by Disseisin and that the Grant made of the Rent was in the mean between the said Disseisin and the re-entry of the Plaintif untill the said R. them the said T. and W. B. of the sayd Mannor unjustly disseized and without Judgement of Disseizin And afterwards the said T. and W. into the said Mannor with th' appurtenances upon the possession of him the said R. re-entred And they say that the said Graunt of the said Rent was made in the mean-while between the said Disseizin and the said Re-entrie of the said T. and W. And this they are ready to prove whereupon they doe not intend that the said W. and B. the taking of the said Sheep in the said pâ—ace in which c. for the reason by them before alleged cannot acknowledge And from which they the said W. and B. the taking of the said Sheep before acknowledged pray Judgement c. and their Judgement by that occasion to be adjudged unto them c. ss AND they the said W. B. and B. say thâ—t they by any matter before alleged from the said taking acknowledged just Defendant maintaineth the Plaintif without this that the said R. disseised the said Plaintif c. ought not to be precluded because they say that one B. once was seized of the said Mannor of H. with th' appurtenances in his Demesn as of Fee and so thereof seized gave and granted unto the said R. that Mannor with th' appurtenances To have to him and his Heirs for ever by virtue of which the said R. was thereof seized in his Demesn as of Fee at the Graunt made of the said Rent Without this c. Without this that the said R. Disseized the said T. and W. D. of the said Mannor of H. with th' appurtenances as the said I. I. and VV. I. who joyneth himself c. before have alleged And this they are ready to prove Whereupon he prayeth Judgement and the retorn of the said Sheep to be adjudged unto him c. ss AND they the said J. J. and VV. J. who joyneth himself Plaintif saith that he disseised c. c. say that the said R. disseised the said T. and VV. of the said Mannor of H. as they the said J. J. and VV. I. before have alleged and this they pray that it may be inquired of by the Country And the said VV. and B. likewise Defendant avows the taking of the Cattell for rent behind and Service undone c. therefore c. ss AND the said T. S. in his own person commeth and defendeth the force and injury when c. and doth well avow the taking of the said Cattell in the said place in which c. and justly c. because he saith that the said J. is and at the day of the said taking was seised of one Messuage and fifteen acres of Land in the said Town of H. whereof the place in which c. is parcell in his Demesn as of Fee and those Tenements with th' appurtenances doth hold and at the day of the said taking held of him the said T. as of his Mannor of I. by Fealty and the Rent of 3. shillings and 4. pence unto the said T. at the Feast of Easter and of St. Michael the Arch-Angell by equall portions yearly to be payd and by the Service to reap two acres of Rye and two acres of Oats in the Harvest and to fill the Lords Cart to dung a piece of Land called Beroland in the Demesns of the Land of the said Mannor growing and being every year by one dayes work and doing Sute to the Court of him the said T. of J. at H. from three weeks of which said Services he
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.
did cut down and carry away against the Peace of the said now King and Queen as he above against him complaineth in manner and form as he the said Plaintif in replying hath alleged without this that within the said Mannor it hath and from the time of which the Memory of men is not to the contrary it had such Custome that is to say that every customary Tenant of the said Mannor who held any customary Tenements within that Mannor to him and his heirs at the Will of the Lord of that Mannor by Copy of Court-Rolls of that Mannor according to the Custome of the same Mannor was able to and might cut down whatsoever Trees and Woods growing in or upon those Customary Tenements without any forfeiture of any such Customary Tenement unto the Loâ—d of that Mannor for the time being for such like waste in manner and form as the said Defendant above in rejoyning hath pleaded and this c. wherefore as formerly he prayeth Judgement and his Damages aforesaid by reason of the said Trespass to be adjudged unto him c. ss AND the said Defendant as before saith that within the said Mannor it hath and from the time of which c. it had such Custome that is to say that every Customary Tenant of the said Mannor which held any Customary Tenements within that Mannor to him and his heirs at the Will of the Lord of that Mannor by Copy of Court-Roll of that Mannor according to the Custome of the same Mannor is able to and might cut down whatsoever Trees and Wood growing in or upon those Customary Tenements without forfeiture of any such like Customary Tenements unto the Lord of that Mannor for the time being for such like waste And of this he putteth himself upon the Countrey and the said Defendant likewise c. ss AND the said Johane by W.B. her Attorney commeth and defendeth the force and injury when Defendant justifies Trespas as Servant by vertue of a certain Demise by the Rector of the Parish Church of St. Swithins in London according to the Custom of the City of London by the assent of the Warden of the same Parish the Deed being openly known Custome of London that the Rector of any Church might let the land of his Church with the assent of the Wardens of that Church and of honest persons of the Vestrey c. and as to the comming with force and arms not guilty and as to the residue of the said Trespass above supposed to be done the said I. saith that the foresaid R. ought not to maintain his Action because he saith that the said House in which the said Trespass is supposed to be done is and at the time of that Trespass above supposed to be done was one Messuage with th' appurtenances in the Parish and Ward aforesaid whereof long before the said time in which c. one R. Chatterton Clerk late Rector of the Parish Church of St. Swithin in Candle-wick-street in the City of London was seized in his Demesn as of Fee in the right of his said Church and that the said City of London is an antient City within which said Ciity it hath and from the time c. it had such Custom that if and whensoever any person being Rector of any Parish Church within the said City being seized in his demesn as of Fee in the right of his Church aforesaid of any Messuage or Tenement within the same City to the use of the Parishioners of the Parish of which any such person should be Rector or to the use intention or Trust to any charitable works to be done or done or to the use of finding any Chaplain at Divine Services in such Church where such person so should be Rector to doe and celebrate and if such Rector so seized at such use should make any Demise of any such Messuage or Tenement unto any person or persons for term of years by his Deed indented sealed with his Seal by the Assent of the Wardens of good Works Rents and Ornaments of such Church or of one of the Wardens of such Church for the time being and of any other honest persons of that Church in a certain place called the Vestrey of the Church of such Parish being come together to the handling of the businesses of that Church or the greater Number of those persons so being there assembled that from thenceforth such Demise for Term of years so made should be and from the whole time abovesaid it was used to be good valid and of force in Law against such Rector and his Successors of others whosoever claiming under the title and titles of the Rector during such Term in such Deed of Demise specified although such Demisor shall die or his Rectory or Benefice thereupon resign or her with any other person should grant within such Term in such Deed of Demise contained and that long before the said time in which c. and long before which the said R. H. had any thing in the aforesaid Messuage with th' appurtenances the said R. C. Clerk then being Rector of the Parish Church of St. Swithin aforesaid was seized of that Messuage with th' appurtenances in his Demesn as of Fee and in right of the said Church to the use to find a Chaplain to celebrate Divine Services in the aforesaid Church of St. Swithins for ever and so thereof to that use being seized the said R. C. being Rector of that Church long before the said time in which c. that is to say in such a day in the thirty second year of the Reign of H. 8. at London in the Parish of St. Swithins in the Ward of Walbrook aforesaid by his certain Deed indented one part of which is sealed with the Seal of the said R. C. the same I. R. here in Court doth profer whose Date is the same twenty first day of October in the said twenty second year of H. 8. abovesaid with the Assent of William Spâ—nk and Richard Bownington then Wardens of the good Works Rents and Ornaments of the said Church of St. Swithins being and of the greater number of honest persons of that Parish in a place called the Vestrey of the Church of the said Parish being assembled to treat of the businesses of that Parish Namely T. P. A. R. R. C. I. P. R. D. W. D. W. S. W. G. T. W. H. B. A. B. W. H. R. C. I. H. R. B. and I. S. Demised Granted and to farm let unto one John Rogers the aforesaid Messuage with th' appurtenances To have and to hold unto the said R. his Executors and Assigns from the Feast of the Nativity of our Lord Jesus Christ from thenceforth next ensuing untill the end and term of ten years from thenceforth next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said Term unto the said Rector and Wardens or to their Successors Rectors and Wardens of the said Church
I. and B. But because it is not known to the Justices here what Damages the aforesaid W. hath susteined aswell by occasion of the Trespass aforesaid as for his Costs and Charges by him about his Sute in that behalf layd out c. Command is given to the Sheriff that by the Oath c. And the Inquisition which c. the Sheriff is to make appear here in eight dayes of St. Hillary under the Seal c. and the Seals c. At which day here came the aforesaid W. by his Attorney aforesaid And the Sheriffs to wit Humphrey Weld and Roger Clark now here Retorned a certain Inquisition taken before them at Guild-hall in the Citie of London situate in the Parish of Saint Lawrence in the Old Jury in the VVard of Cheap London the twenty sixth day of Aprill last past by the oath of twelve honest men c. by which it remains found that the aforesaid W. hath susteined Damage by occasion of the Trespass aforesaid over and above his Costs and Charges by him about his Sute in that behalf layed out to Fourty pounds and for those Costs and Charges to twenty six shillings and 8. pence Therefore it is considered that the aforesaid W. should recover against the aforesaid I. and B. his Damages c. Declaration in Trespass with a Continuance ss R. A. Complains of I. H. in the Custody of the Marshall of the Marshalsees c. for that that he the said I. the first day of October in the ninth year of the Reign of our Lord King James that now is by force and arms c. the Close of him the said R. called E. Conteining by estimation three acres lying and being in B. in the County aforesaid he did break and enter And his grasse there to the value of five pounds there then growing with walking up and down with his feet he did tread down and consume And other of his grass to the value of forty shillings there then likewise growing to the value of forty shillings with his Cattell that is to say with Horses Oxen Cows Hogs and Sheep he did eat up tread down and consume The Trespass aforesaid as to the treading down and consuming the grass aforesaid walking with his feet from the aforesaid first day of October in the ninth year aforesaid unto the day of the obtaining of this Bill to wit the ninth day of October in the ninth year aforesaid by divers dayes and seasons continuing And other harms to him he then and there did against the Peace of our said Lord the King that now is and to the Damage of him the said R. of ten pounds And thereupon he brings his Sute c. ANd they the said T N and J by H F Justification in trespass for that the tenâ—ments in which c. were customary lands and were granted by copy of court roll unto K. Joane and John and to either of them as long as they live and after that R. and John dies and afterwards the said Ioane took to â—usband one T. now one of the Defendants c. his Atttorney cometh and defendeth the Force and Wrong when c. And as the coming with force and armes c not guilty c and at to the residue of the said Trespasse afore supposed to be done they the same T and N say that the said C no action because he saith that the said Close and also the places in which the said Trespasse is supposed to be done are and at the said time of that Trespasse supposed to be done were one Messuage and halfe a yard of Land with the appurtenances in R. aforesaid which said Messuage and halfe a yard of Land with the appurtenances are and at the said time in which c and also from the time of which contrary c were parcell of the Mannor of B in the said County of which said Mannor with the appurtenances one T W late Prior of the late Priory of the Blessed M. of B in the said County late dissolved before the said time in which c. was seized in Demesne as of fee in the right of his said Priory and that the said Tenements with the appurtenances whereof c are and at the said time in which c. and also from all the said time were demised and demisable by Copy of Court Roll of the said Mannor by the Lord of that Mannor or by his steward of the Court of the same Mannor for the time being unto whatsoever person or persons willing to take the same in fee simple fee tail for Tearm of life or years at the Will of the Lord according to the custome of the said mannor and the said Prior of the said mannor with the appurtenances so seized the said late Prior before the said time in which c That is to say at the court of him the said late Prior held at the said mannor on VVednesday in the vigills of Saint George the martyr in the 24. year of the Reign of the late Lord Henry King of England after the conquest the eighth by one T C Knight then his steward of the Court of his said mannor granted the said Tenements with the appurtenances whereof c. unto one R J and the aforesaid Johanne to have and to hold to them the said Richard Johanne and John to the tearm of their and either of their Life 's as long as they live successively by copy of court Roll of the said mannor at the will of the Lord according to the Custome of that mannor by colour of which said grant the said R I. and I. were seized in the said Tenements with the appurtenances in their demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor and they the said R. and J. afterwards and before the said time in which c died and the said Iohanne them survived and held her selfe in the said Tenements with the appurtenances in her demesne as of free-hold at the VVill of the Lord according to the custome of the said mannor by the Right of increase Right of increase and she the said I. so thereof being seized the same I. before the said time in which c. took to husband him the said T. N by which they the said T. and I. were and as yet are seized of the said Tenements with the appurtenances in their demesne as of freehold in the Right of him the said I. at the will of the Lord according to the custome of the said Mannor And the said C. claiming the said Tenements by colour of the same Grant of copy of court Roll unto him thereof made for tearm of his life by the said late Prior long before the said Grant by the same late Prior thereof unto the said R. I. and I. in form aforesaid made Colour by copy of court Roll. where nothing of the said Tenements with the appurtenances in the
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
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