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A93107 An exact collection of choice declarations, with pleas, replications, rejoynders, demurrers, assignement of errours and the entries of judgments thereupon affirmed. / Collected by VV. S. one of the clerks of the upper bench office : in the reignes of Queen Elizabeth, King James, and the late King Charles. Diligently perused, and translated into English, for the benefit and helpe of young clerkes. With an exact table, wherein may be found the principall matters contained in the whole book. W. S., One of the clerks of the Upper Bench Office.; J. W.; Sheppard, William, d. 1675?, attributed name.; Small, William, 17th cent, attributed name. 1653 (1653) Wing S3185; Thomason E210_1; ESTC R10408 294,804 288

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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 con●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. ● 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
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 o● 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 i● was known and called aswell by the name of the Vi●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
was taken and arrested in Execution for the Debt and Damages aforesaid as in the Record aforesaid above is specified And that the aforesaid R.T. and VV. D Bayliffs of the Libertie and Franchise aforesaid in the County of Suff●lk aforesaid did bring the aforesaid T. B. to VVestminster in the County of Middlesex on Monday before the retorn of the Writ of Capias ad satisfaciendum in the Record aforesaid above mentioned The day of the Retorn of the aforesaid Capias ad satisfaciend ' being on Monday next after the morrow of All Souls in the thirty first year of the Reign of our Lady Elizabeth now Queen of England And that before the retorn thereof the aforesaid Bayliffs of the Libertie and Franchise aforesaid the aforesaid T. B. at the request of him the said T. B. to the Village of Lambeth in the County of Surrey did carry which said Village of Lombeth is a Village neer adjoyning to Westminster aforesaid but out of the way and not in the way from the County of Suffolk aforesaid unto VVestminster aforesaid nor is between the County of Suffolk aforesaid and VVestminster aforesaid And that the aforesaid Bayliffs of the Liberties and Franchises aforesaid afterwards at the aforesaid day of the aforesaid Retorn of the aforesaid Writ of Capias ad satisfaciendum did bring the aforesaid T. B. to VVestminster aforesaid And him the said T. B. in the Court of our Lady the Queen before her the said Queen at VVestminster aforesaid into the Prison of the said Court of our Lady the Queen called the Kings Bench by vertue or colour of the aforesaid Writ of Capias ad satisfaciendum they did deliver And further the Jury say that the aforesaid T. B. from the time of the arrest of him the said T. B. aforesaid unto the retorn of the aforesaid Writ of Capias ad satisfaciendum and the delivery of the aforesaid T. B. into the Court of her the said Lady the Queen before her the said Queen as is aforesaid remained and continued with the aforesaid Bayliffs by vertue or colour of the aforesaid Writ or Warrant But whether upon the whole matter aforesaid Speciall Verdicts in form aforesaid found the bringing of the aforesaid T. B. to Lambeth aforesaid c. in manner and form aforesaid be an Escape out of Prison and a permission to goe at large in Law nor no the Jury aforesaid are altogether ignorant Whereupon they pray the advisement and discretion of the Court of our Lady the Queen now here before her the said Lady the Queen being And if it shall seem to the said Court of our said Lady the Queen that the aforesaid bringing of the aforesaid T. B. to Lambeth aforesaid in manner and form aforesaid be an Escape out of Prison and a permission to goe at large in the Law then the Jurors say upon their Oath aforesaid that the aforesaid R. T. and T. D. the aforesaid T. B. at Lambeth in the County of Surrey aforesaid out of the Prison aforesaid to Escape and to goat large they did permit in manner and form as the aforesaid T.B. he hath above alleged and if upon the whole matter aforesaid it shall seem to the Court of the Lady the Queen that the afore bringing of him to the said T.B. to Lambeth aforesaid in manner and form aforesaid be not an Escape out of Prison and a permission to go at large in the Law Then the Jurors aforesaid say upon their Oath aforesaid that the aforesaid R.T. and W.D. did not permit the same T.B. out of Prison aforesaid to Escape and to goe at large in manner and form as the aforesaid T. B. hath above alleged ACTIONS OF CONSPIRACIE CONSPIRACIE Norfolk Declaration in Conspiracie for procuring one to be Endicted for Witchcraft ss NIcholas Stockdale complains of William Skippon of Hi●cham c. John Green of c. William Waters of c. and John Hitch of c. in the custodie of the Marshall c. for that that is to say that whereas they the aforesaid William Skippon Iohn Green William Waters and Iohn Hitch the 12. day of July in the 44. year of the Reign of our Lady Elizabeth late Queen of England at Fakensam in the County aforesaid by Conspiracy fore thought between them the aforesaid Nicholas for that he the first day of December in the year of the Reign of the Lady Elizabeth late Queen of England the 44. and diver other dayes after the said first day of December should practise and exercise Witchcraft and Sorcery wickedly and Feloniously at Hitcham aforesaid in upon and against one Mary Skippon then the Wife of the aforesaid William Skippon by which said practices and exercises of the said Witchcraft the aforesaid Mary from the aforesaid first day of December in the 44. year aforesaid untill the 20. day of the month of February in the 44. year aforesaid most dangerously and mortally was sick and languished and the same 20. day of February in the 44. year aforesaid the same Mary by the said practise and exercise of the aforesaid Witchcraft at Hitcham aforesaid in the County aforesaid dyed and that the aforesaid Nicholas Stockdale to the same Mary at Hitcham aforesaid in manner and form aforesaid of his malice fore thought willingly devillishly wickedly and feloniously by the practise and exercise of the Witchcraft aforesaid did kill and murder against the peace of our said Lady the Queen and against the form of the Statute of our said late Lady the Queen held at Westminster in the County of Middlesex in the 5. year of her Reign in that case published and provided Before our then very beloved and faithfull Counsellour of our said Lady the Queen Iohn Popham Knight chief Justice of the said late Queen of the Pleas in the Court of her the said late Queen before her the said Queen assigned to be held and Robert Clark one of the Barons of the Exchequer of the same late Queen Justices of the Assizes of the said late Queen in the aforesaid County of Norfolk then assigned to be taken held at the Castle of Norwich the twelfth day of July in the 44. year aforesaid as also the Justices of the same late Queen for the keeping of the Peace in the County aforesaid and assigned to hear and determine of divers Felonies Trespasses and other misdemeanours in the same County then committed at the Castle of Norwich in the County aforesaid to be endited and him the said Nicholas upon that occasion then and there to be taken and in the Gaol of the said Castle of our late said Lady the Queen be ore the aforesaid John Popham Knight and Robe●t Clark Justices of our said late Queen at the Gaol aforesaid to be delivered to be held falsly and maliciously they conspired and procured against the form of the Statute in that case lately published and provided after which said Conspiracie Inditing taking and imprisoning and detension of him the said Nicholas
thing pre-alledged ought not to bee debarred from having his action aforesaid of the breach of the house aforesaid against the aforesaid Defendant because he saith that the same Defendant of his owne proper injury the said time wherein c. by force and armes aforesaid the house aforesaid he did in manner and form as the same Plaintiffe above against him complaineth Without that that the same Plaintiffe licensed the aforesaid Defendant to enter the house aforesaid Traverse as the same Defendant above by pleading hath alledged And this c. Whereupon for that the same Defendant the Trespasse aforesaid above acknowledgeth he prayeth judgement and his Damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid Defendant as formerly saith Issue upon the Traverse that the aforesaid Plaintiffe licensed him the said Defendant to enter into the house aforesaid in the forme wherein he the Defendant above by pleading hath alleadged And of this he puts himselfe upon the Country And the aforesaid Plaintiffe in like manner c. Therefore the Jury is to come between them c. AND the aforesaid R.P. and I.R. by L.S. their Attorney come and defend the force and injury when c. Iustification for that the Plaintiffe was suspected for a Fel●● And as to the coming by force and armes and whatsoever which is against the peace of our Lord the King that now is as also the Trespasse aforesaid of woundings supposed to be made sayes that he is in nothing thereof guilty And as to the residue of the Trespasse aforesaid above supposed to be done the same R. and I. say that the aforesaid W. ought not to have his action aforesaid against them because they say that long before the said time wherein the trespasse aforesaid was supposed to be made to wit the tenth day of January in the eighth yeare of the reigne of our Lord the King that now is one I.S. at Norwich aforesaid in his house there was feloniously spoiled and robbed of two silver Spoons to the value of 10 s. And that the aforesaid W. divers daies and times before the felony aforesaid made frequented the house of him the said I.S. aforesaid suspiciously without any reasonable cause there to be had And that the aforesaid W. R. the said time of the felony aforesaid done was in the house of the aforesaid I.S. by which the same R. and I.R. had suspicion the aforesaid W.R. to have committed the felony aforesaid And that the aforesaid R. and I.R. the same time wherein c. being then Sheriffes of the City aforesaid softly laid their hands upon him the said W.R. the same time wherein c. And the same W. R. for suspicion of the Felony aforesaid the same time wherein c. they tooke and him the said W. to the Goale of our Lord the King within the City aforesaid there to be safely kept for the same Felony the said time wherein c. they lead and imprisoned as it was lawfull for them to doe which said softly laying on of their hands of them the said R. and I.R. upon the aforesaid W.R. and the taking of him the said W. R. and the leading and imprisoning of him out of the cause aforesaid are the same assault beating and imprisonment whereof the aforesaid W.R. above complaineth And this they are ready to aver whereupon they pray judgement whether the aforesaid W.R. ought to have his action aforesaid against them c. AND the aforesaid Plaintiffe sayes that he by any thing before alledged ought not to be debarred from having his action aforesaid against them because he saith that the aforesaid R. and I. R the day and yeare aforesaid of his own proper injury by force and armes without any such cause by them the said R. and I.R. above by pleading alleadged on him the said W.R. at Norwich aforesaid they made an assault and him did beate wound imprison and evill intreate in the manner and forme as the aforesaid W.R. above against them complaineth And this he prayeth may be enquired of by the Country c. Iustification upon imprisonment and assault by vertue of a Warrant of the Peace Mich. 8. Hen. 8. Rolle 77. Staff ss AND the aforesaid H.W. by W.F. his Attorney comes and defends the force and injury when c. and as to the coming by force and armes or whatsoever is against the peace c. not guilty and as to the residue of the Trespasse aforesaid above supposed to be done the same H. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that long before the said time wherein the trespasse aforesaid was supposed to be done on I.W. at Stafford in the County aforesaid came before R W. then one of the Justices of the Peace of our Lord the King assigned in the County aforesaid to be kept and there tooke his corporall oath that he grievously and manifestly went in danger of his life and maiming of his members by the aforesaid R.C. By which he the same I.W. long before the said time wherein c. at Stafford aforesaid at the Petition of the aforesaid I.W. directed a certaine precept of our Lord the King to the aforesaid H. W. then being Bailiffe of R. and to the Constable of R. aforesaid and to either of them joyntly and divided commanding them by that precept that they cause to come the aforesaid R. C. before the aforesaid R. W. or one of his Companions Justices of the peace of our Lord the King in the County aforesaid to find sufficient security of the peace of our Lord the King towards the Lord the King and all his people and cheifly against the aforesaid H.W. to be given And if the same R.C. should refuse to doe this then the same H. and the aforesaid Constable the same R.C. unto the next Goale of our Lord the King in the County aforesaid should cause to bee led or one of them should cause to be led there to stay untill he would freely doe this By reason of which precept the aforesaid H.W. before the said time wherein c. did repair to the aforesaid R.C. at R. aforesaid and shewed to the aforesaid R.C. there the precept aforesaid then and there further requiring the same R. to find before the said R. W. or one of his companions Justices of the peace of our Lord the King in the County aforesaid then being to find security for bearing the peace of our Lord the King in form aforesaid and the same R. this to do then at R. aforesaid upon which the same A.W. him the said R. then and there the said time wherein c. arrested and him in bringing towards the prison of our Lord the King at the Castle of Stafford in the County aforesaid imprisoned by the time aforesaid and his hands upon him the said R. in that arresting and leading did softly lay as it was lawful for him
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
of the peace of our Lord the King in the County aforesaid assigned to be kept came the same W. S. then and there before the same Earle having taken his corporall oath upon the holy Evangelist that he the same W. S. damage and corporall hurt to him the said W.S. by him the said W. C. and his companions upon him the said W. S. to be brought he did grievously dread and feare the same W.S. then and there supplicating that the same Earle him the said W. C. might be bound to put in sufficient security of the peace keeping towards him the said W.S. and all and every the leige people of the Kings one in form of law by pretext whereof the same Earl a certain warrant under his scale to the Constable and Bailiffes of the Hundred of M. as also to R.N.H.H. and T.F. directed he made and delivered commanding them the said Constable and Bayliffes and the aforesaid R.H. and T. joyntly and severally by the same warrant on the behalfe of our Lord the King commanding them that the same Constables Bayliffes R.I. c. and every one of them that they should cause to come the aforesaid W.C. before the aforesaid Earle or any other Justice of the peace of our Lord the King in the aforesaid County of S. assigned to be kept immediately for the finding sufficient security of the peace in forme aforesaid And if the same W.C. so to doe should refuse then the same Constables Bayliffes and the aforesaid R.I. c. or either of them the same R. C. should cause to be brought to the Goale of our Lord the King of Y. in the same County of D. by force of that warrant there to stay until the aforesaid WC should find the security aforesaid according to what law requires in that behalfe By which meanes the same R. carrying with him the warrant aforesaid to him the said W. C. at H. aforesaid the same day the Trespasse aforesaid was supposed to be made And to him the said W. of the same warrant and of the matter and effect of the same warrant then and there before the same assault made gave notice by vertue of the same warrant then and there requiring the same W.C. that he the said W.C. before the said Earle or other Justice of peace of our said Lord the King assigned to be kept in the same County to find sufficient security of the peace in forme aforesaid together with him the said R. he would goe which said W. C. to doe this then and there refused for which cause the same R. him the said W.C. then would have taken and arrested but the same W.C. would not stay nor obey that arrest but at the same arrest then and there drew his sword and also what in him lay offered to rescue himselfe from that arrest By which the aforesaid R. and N. and the aforesaid VV.S. as the servant of him the said R. and by his command at the time of the Trespasse aforesaid above supposed to be made by laying their hands upon him the said VV. C. and compelling him the said VV. C. to stand to that arrest him the said VV. C. then and there they took and arrested as it was lawfull for them to doe which said laying on of hands out of the cause aforesaid is the same assault whereof the same VV.C. above against him complaineth And this he is ready to averre whereupon he prayes judgement whether the aforesaid VV. C. ought in this behalfe to have his action aforesaid against him c. AND the aforesaid W.C. not acknowledging any thing by the aforesaid W.S. before alleadged to be true sayes that he by any thing therein before alleadged ought not to be debarred from having his action aforesaid because hee saith that the aforesaid W.S. by force and armes of his owne proper injury on him the said W.C. did make an assault and him did beate wound and evill handle in manner and form as he the said W.C. above by his bill hath declared Traverses the notice of the Warrant Without that that the same R. to him the said W.C. of the warrant aforesaid or of the matter and effect of the same warrant before the time of the Trespasse aforesaid made did give notice as the aforesaid W.S. above by pleading hath alledged And this he is ready to averre whereupon for that the aforesaid W.S. the Trespasse and Battery aforesaid above acknowledgeth he the said W.C. prayeth judgment and his damages by occasion of that Trespasse to be adjudged unto him c. AND the aforesaid W.S. sayes Issue upon the Traverse that the aforesaid R. to him the said W.C. of the Warrant aforesaid and of the matter and effect of the same Warrant long before the time of the Trespasse aforesaid supposed to be made did give notice in manner and forme as he the said W. S. above by his pleading hath alleadged And of this hee puts himselfe upon the Country And the aforesaid W. C. in like manner c. Middlesex R.M. complaines of I. H. in the custody of the Marshall Declaration in assault and battery c. for that he such a day and year by force and armes on him the said R. at Westminster in the County aforesaid hee made an assault and him the said R. then there beat wounded evil handled so that of his life he did despair and also so grievous a wound upon the upper part of the left shoulder of him the said R. then and there put on him so that the same R. by reason of the extraordinary effusion of blood out of the same wound flowing and arising fell into great sicknesses and weaknesses of his body then and there and stood in great danger of losing of his life by reason thereof for a great time that is to say for the space of one month then next following As also divers great summes of mony for his healing and curing there in that behalfe to lay out and spend then and there was forced and compelled And divers difficult businesse of him the said R. then to be done and finished by the aforesaid space of one month remained undone And other harmes c. Against the peace c. to the damage c. AND the aforesaid I. H. by W. Astrie his Attorney comes and defends the force and injury when c. Concord pleaded And as to the coming by force and armes c. sayes that he is in nothing thereof guilty c. And as to the residue c. sayes that the aforesaid R. ought not to have his action aforesaid against him because he saith that after the aforesaid time wherein the Trespasse aforesaid was supposed to be made to wit such a day and year I.E. in the County of Norfolk there was such an agreement had between the aforesaid R. and him the said J. to wit that he the said I. should give to the aforesaid R. one Gallon of Sack in recompence and
aforesaid R. ought not to have her action aforesaid against them because they say that they did not take nor Arrest the aforesaid G. in the manner and form as the aforesaid R. above against them complaineth And of this they put themselves upon the Country And the aforesaid R. in like manner c. Therefore the Jury is to come c. R. S. complains of John Chaunroy Bayliff of the Liberty of the Bishop of London in the County of Middlesex Escape upon a Bill of Middlesex where the Plaint and attachment is mentioned for that whereas the aforesaid R. S. on Tuesday next after a month of Easter such a year before our Lady the Queen at Westminster had prosecuted a certain Bill against I. T. For that that he the same I. T. such a day and year by force and arms the Close of him the said R. S. at Westminster in the County of Middlesex he had broke And other harms to him he had done against the Peace of our Lady the Queen that now is to the damage of him the said R. S. of 20. l. And he found pledges of prosecuting his Plaint aforesaid to wit John Dee and Richard Row by force of which said Bill it was commanded to the Sheriffs of Middlesex that they should attach the aforesaid I. T. so that he might be before our Lady the Queen at Westminster on Thursday next after a month of Easter then next following to answer the aforesaid R.S. of the Plea aforesaid the same day was given to the aforesaid R. here c. At which day before our Lady the Queen at Westminster came the aforesaid R.S. in his proper person And Christopher Hawks and T.G. Sheriffs of the said County of Middlesex by vertue of the precept aforesaid before our Lady the Queen at Westminster returned that the aforesaid I. had nothing within their Balywick by which he could be attached Upon which it was commanded to the same Sheriffs that they should take him if c. And him safely c. So that they might have his body before our Lady the Queen at Westminster on Monday next after eight dayes c. from thence next following to answer the aforesaid R.S. of the aforesaid Plea The same day was given to the aforesaid R. here c. And the aforesaid Sheriffs of Middlesex by vertue of the precept aforesaid commanded a certain Warrant to the aforesaid I. E. Bayliff of the Liberty of the Bishop of London in the County of Middlesex who had full return of all Writs Precepts and Warrants c. And so recite the return untill for that Execution thereupon elsewhere in the County aforesaid out of the Liberty aforesaid could not be made Which said I.C. by vertue of the Warrant aforesaid such a day and year at S. aforesaid in the County aforesaid took and arrested the aforesaid I. T. And the aforesaid I. C. plotting to defraud the aforesaid R. S. and to defer him from the recovery for his Trespass aforesaid he the said I.T. so taken and Arrested the aforesaid I.C. such a day year and place aforesaid suffered to go at large by which he the same R. S. is deprived altogether of the recoverie for his Trespass aforesaid To the damage of him the said R. twenty pounds And thereupon he brings his Sute c. Escape against a Sheriff for not having the body of one by him arrested at the retorn of the Writ ss HEnry Appleton latly Sheriff of Essex was attached by a Writ of Privilege of our Lord the King from the Cou●t here issuing to answer H.C. one of the Attorneys of the Court of our Lord the King of his Bench here according to the Liberties and Privileges of the same Court for the like Attorneys and other Ministers of the same Bench from time out of mind used and approved in the same of a Plea of Trespass upon the Case And whereupon the same H.C. in his proper person Complains wherefore whereas one T.D. a forreign Merchant was indebted to him the said H. C. in a hundred pounds of lawfull money c. To be payd to him the said H. C. when he should be thereunto required And for that that the aforesaid T. D. had not payd the same hundred pounds to him the said H.C. he the said H. C. for the more speedy recovery of that debt such a day and year then being one of the Attorneys of the Court of the Bench of our Lady the Queen here according to the Liberties and Privileges of the same Court from the whole time aforesaid used and approved in the same out of the same Court of Bench here prosecuted a certain Writ of Privileges of our Lady the Queen against the aforesaid T. D. to the then Sheriff of the aforesaid County of Essex being directed By which said Writ our aforesaid Lady the Queen Commanded him the then Sheriff that the same Sheriff should attach the aforesaid T.D. so that he might have him before the Justices of our Lady the Queen here on Tuesday next after the Morrow of all Souls then next following to answer unto him the said H. C. of a Plea of Debt Which said Writ he the said H.C. afterwards to wit such a day and year to the aforesaid H. A. then being Sheriff of the aforesaid County of E. at London that is to say in the Parish c. delivered in form of Law to be executed by Vertue of which said Writ the aforesaid H. A. the same day and year c. then being Sheriff of the aforesaid County of E. Commanded the Bayliff of the Libertie of our Lady the Queen of her hundred of B. in the aforesaid County of E. which said Bayliff had Execution of all Writs within the same Liberty for that no Execution of that Writ could be made within his Bailiwick else-where That he should attach the aforesaid T. So that he might have his body before the aforesaid Sheriff before the retorn of that Writ So that the same sheriff might have him before the Justices of our Lady the Queen here at the aforesaid day of Wednesday next after c. to answer the aforesaid H. C. of the aforesaid Plea By vertue of which said Warrent the aforesaid Bayliff afterwards to wit such a day year and place in the aforesaid County of E. within the Libertie aforesaid he took and arrested the aforesaid T. And the same Bayliff after that taking and arresting and before the said day of Wednesday c. to wit the second day of N. in the twenty seventh year aforesaid the aforesaid T. to one H. C. then Deputie of the aforesaid H. A. authorized by the same H. A. in that behalf he delivered to be safely kept as the aforesaid H. A. retorned to the aforesaid Justices of our Lady the Queen here at the aforesaid day of Wednesday c. The aforesaid H. A. his Office of a Sheriff in the just and true Execution of the Writ aforesaid little caring but
aforesaid saies that he is nothing thereof guilty c. and as to the breaking of the Closes and Houses and the assault aforesaid the same S. sayes that the Plaintiffe ought not to have his action aforesaid against him Because he saith that the Closes and Houses as also the places in which the Trespasse aforesaid was supposed to bee made are and the aforesaid time wherein c. were seven Messuages and four Gardens with the appurtenances in the parishes of St. Sepulchers and St. Martins and St. Brigets aforesaid in the Ward aforesaid of which said seven Messuages and foure Gardens before the said time wherein c. one I.S. was seized of his demesne as of fee and so being thereof seized before the said time wherein c. thereof enfeoffed the aforesaid S.P. to hold for him and his Heires for ever By vertue of which Feoffement the same S. was thereof seized in his demesne as of Fee and the aforesaid E. claiming the Tenements aforesaid with the appurtenances by colour of a certaine Deed or Demise to him thereupon made for terme of his life by the aforesaid J.S. long before the said Feoffement of the same Tenements with the appurtenances to the aforesaid S. in forme aforesaid made were nothing of the same Tenements with the Appurtenances unto the possession of her the said E. ever passed into the same Tenements with the appurtenances before the said time wherein c. and enter upon whose said E. her possession thereupon the aforesaid time wherein c. peaceably re-entred and the Houses and Closes brok and upon the same E. then being there softly laid his hands and commanded her the said E. then and there to goe out of the Messuages and Gardens aforesaid under the danger which by the Law otherwise might come to her the said E. as it was lawfull for him to doe Which said soft laying on of hands and entry and breach of Closes and houses aforesaid out of the house aforesaid is the same assault whereof the aforesaid E. above now complaineth and this hee is ready to aver whereupon he prayes judgement whether the aforesaid E. ought to have her action aforesaid against him c. And the aforesaid E. sayes that she by any thing before pre-alledged ought not to be debarred from having her action aforesaid against him because she saith that as to the aforesaid Plea of him the said D. of the assault c. aforesaid above pleaded the same E. saith that the aforesaid S. the day and year in the said Declaration of her the said E. above specified at London aforesaid in the Parish and Ward aforesaid of his proper injury and without any such cause by him the said S. in his barre aforesaid above alleadged on her the said E. made an assault and her then and there beat c. in manner and forme as the same E. above by her Writ and Declaration above against him hath declared And this she prayes may be enquired of by the country And the aforesaid S. in like manner c. And as to the aforesaid Plea of the aforesaid S. to the breaking of the Closes and houses aforesaid above pleaded the same E. sayes that long before the said I. S. had any thing in the Tenements aforesaid with the Appurtenances the same E. was of the same Tenements aforesaid with the Appurtenances seised in her demesne as of Fee Until the aforesaid S. her the said E. long before the trespasse aforesaid made unjustly and without judgement disseised by which the same S. was of the same Tenements with the Appurtenances seized in his demesne as of Fee by disseisin and he by that disseisin being so c. The same S. before the said time wherein c. thereof enfeoffed the aforesaid I. S. to hold to him and his heires prove By vertue of which said Feoffement the said I.S. was thereof seized in his demesne as of Fee And so being thereof seized before the said time wherein c. thereof enfeoffed the aforesaid S. to hold to him and his heires for ever By vertue of which said Feoffmenent the same S. was of the same Tenements with the appurtenances seized in his demesne as of Fee in manner and form as the same S. above by pleading hath alleadged Upon which the said S.P. his possession thereupon the aforesaid E. before the said time wherein c. did enter and was thereof seised in his demesne as of Fee Untill the aforesaid S. the aforesaid time of the trespasse aforesaid made by Force and Armes c. the Closes and houses of her the said E. with the appurtenances hee did break in manner and forme as the same E. by her Writ and Declaration aforesaid above against him hath complained And this c. Whereupon for that the aforesaid S. the Trespasse aforesaid above acknowledgeth she prayeth judgement and her damages by reason of that Trespasse c. to be adjudged unto her c. The Defendant maintaines his plea and traverses the disseizin AND the aforesaid S. as formerly saith that long before the said time wherein the Trespasse aforesaid is supposed to be made the aforesaid I.S. was of the same Tenements with the appurtenances seized in his demesne as of fee and he being thereof seized before the said time wherein c. thereof Enfeoffed him the said S. to hold to him and his Heires for ever by vertue of which Feoffement the same S. was of the same Tenements with the appurtenances seized in his demesne as of Fee in manner and form as the same S. in his aforesaid above hath alledged Tranverse Without that that the same S. dis-seized the aforesaid E. of the Tenements aforesaid with the appurtenances as the aforesaid E. in her replication aforesaid above hath alledged And this c. whereupon hee prayes judgement and that the aforesaid E. may be debarred from having her action aforesaid against him c. ANd the aforesaid E. as formerly saith Issue upon the Traverse that the aforesaid S. dis-seized her the said E. of the Tenements aforesaid with the appurtenances as the same E. in her replication aforesaid above hath alledged and this she prayes may be inquired of by the Country and the aforesaid S. in like manner c. ANd the aforesaid W.S. in his proper person comes and defends the force and injury when c. and as to the coming by force and armes c. as also the whole Trespasse aforesaid Iustification by vertue of a Justices of peaces warrant besides the assault aforesaid sayes that he is in nothing thereof guilty c. and as to the assault aforesaid the same W. sayes that the aforesaid plaintiffe ought not to have his action aforesaid against him Because he saith that before the time of the Trespasse aforesaid supposed to bee made to wit such a day and yeare at C. in the County of N. before T. C. Earle of Devonshire then one of the Justices