Trespass to be adjudged unto him ss AND the said G. B. as before saith that the said CC. Acres of Heath and Furzes are and at the said time of the said Trepass done were parcell of the said Mannor of R. in manner and form as the said G. above in pleading hath alleged And of this he putteth himself c. ss AND the said Henry Crowch by J. Percivall his Attorney commeth and defendeth the force and injury when Defendant justifies as Lossee the Coheirs in Gavelkind with the Plantiff had one Father per divers venters Mi. 11. H. 8. Roll. 88. c. And saith that the said T.B. ought not to have c. any Action because he saith that long before that the said T. B. had any thing in the foresaid Tenements with the appurtenances on T. B. Father of the said T. B. the now Plaintiff was seized of all the whole Tenements aforesaid as in his Demesn as of Fee and so thereof being seized took to Wise one A. S. and they the said T. B. the Father and A. had issue between them the said T. B. and afterward the aforesaid A. dyed after whose death the said T. B. the Father took to Wife one M. C. which said T. and M. had issue between them one G. B. and afterward the said T. B. the Father dyed by Protestation seized of all the whole Lands aforesaid after whose death the said Tenements for that that the same Tenements are and were then of the tenure and nature of Gavelkind in the County of Kent and that the same Tenements Custom of Land of the tenure of Gavelkind and all other the Lands and Tenements of the same tenure and nature are and from what time memory doth not remain were parted and partable between the Heirs Males and that from the whole time of which memory doth not remain in the County of Kent by the Custom of the said County it was used that whensoever two Heirs Males were Copartners of the half bloud of whatsoever Parent begotten were inheritable of any the Lands or Tenements of the said tenure or nature of Gavelkind in the same County and if either of the same Heirs without Heir of his body should dye of his purpartie of such like Hereditaments seized That when the other Heir Copartner of the same Heirs surviving inherited and by the whole time aforesaid was Hereditable and did inherit and ought to inherit according to the Custom of the said County all the purpart of the Lands and Tenements of the said tenure and nature of Gavelkind aforesaid of the other Heir so without Heir of his body dying or any of the other bloud of the same Heir of the whole bloud so without Heir of his body dying descended to the said Thomas B. Son and to the said G. Bedell as Sons and Heirs of the said T. B. the Father according to the aforesaid Custom By which the said T. B. the Son and G. B. into the said Tenements with the appurtenances before the said time in which c. entred and thereof were seized in their Demesn as of Fee And afterwards and before the same time in which c. the said G. B. at Southwark in the County of Surry dyed and his said Moity or purpart seized without Heir of his body lawfully begotten after whose death the Moity or purpart of the said G. descended unto the said T. B. the Son and Brother and Heir of the haâ—f bloud of the said T. B. according to the said Custom by which the said T. B. the Son into the said other Moity or purpart of the said G. his Tenements aforesaid before the said time in which c. entred and was of the whole tenements seized in his Demesn as of Fee and so thereof seized before the time aforesaid in which c. demised the said whole Tenements unto the said H. C. to have to him for the rest of the years by which the said H. C. of the same Tenements was possessed And because the said H. at the said time in which c. found the aforesaid Horse eating the Grass of him the said H. in the said Tenements then growing and there then doing dammage the said H. chased that Horse out of the said Tenements into the common Straw House as it was lawfull to him to do And this c. Whereupon c. Acknowledgeth part of the Plea of the Defendant by the Plantiff ss NOT to be precluded because he saith that true it is that the said T. B. the Father was seized of the said whole Tenements in his Demesn as of Fee and so thereof seized took to Wise the aforesaid A. S. and they the said T. and A. had issue between them the said T. B. the Son and afterward the said A. dyed after whose death the said T. B. the Father took to Wife the said M.C. and they the said T. and M. had issue between the said G.B. and that afterwards the said T. B. the Father dyed seized of the whole Tenements after whose death the said Tenements for that that the said Tenements are of the tenure and nature of Gavelkind in the County of Kent and that the same Tenements and all other the Lands and Tenements of the same tenure and nature are and from the whole time of memory doth not remain were parted and partable between the Heirs Males and that from all the said time of which memory doth not remain in the said County of Kent by Custom of the said County it was used that whensoever two Heirs Males Copartners of the half bloud of whatsoever Parent begotten were of any Lands or Tenements of the said tenure and nature of Gavelkind in the same County hereditable and either of those Heirs without Heir of his body should dye seized of his purparty of such Inheritance that then the other Heir Copartner of those surviving shall inherit and by all the time aforesaid was hereditable and did inherit and ought to inherit according to the use and Custom of the said County the purparty of all the Lands and Tenements of the said tenure and nature of Gavelkind aforesaid of the other Heir so without Heir of his body dying before any other bloud of the same Heir of the whole bloud and without Heir of his body dying descended unto the foresaid T. B. the Son and G. B. Sons and Heir of the said T. B. the Father according to the aforesaid Custom by which the said T. B. the Son and G. B. into the said Tenements with the appurtenances before the said time in which c. entred and thereof were seized in their Demesn as of Fee and that that the said G. B. at Southwark aforesaid dyed and of his said Moity or purpart seized without Heir of his body lawfully begotten in manner and form as the said H. C. in his said Bar before hath alleged And the said I. B. the now Plantiff saith that after the death of the said G.
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
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 Vpper Bench Office In the Reignes of Queene 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 LONDON Printed by T. W. and T. R. for John Place and are to be sold at his Shop at Furnivalls Inne Gate in Holborne 1653. TO THE READER Courteous Reader I Know that this painefull Worke by the Authors own hand was diligently composed not imagining that these ensuing Presidents collected for his private use should ever have worn an English Garment or be seen without a Court-Character but being very aged and knowing that the Ports and safe Harbors of good Declarations Pleadings Replications Rejoynders Sur-rejoynders Demurrers Assigning of Errours with divers other matters incident appertinent to an Vpper Bench Clerk an Index whereof in this little of great you may finde and more particularly knowing with what ardency and fervour of affection the Author by these his practical observations for wel nigh 60 years past have by his cautious Marginal Notes in this Book comprised prevented the many irrevocable downefals of Causes that young Clerks to their owne dishonour and the ruine sometimes of their Clyents for want of good and learned Presidents have suffered a miserable shipwrack and for that the Author during all the time aforesaid have had and as yet hath the favourable aspect of the Judges in the upper Bench and the approbation of the lest Clerks in the said Court now living and is reputed for a good Just learned and painfull Attorney and that in his old age he might live in his Works and be some help and furtherance to young Clerks who intend to be Attorneys and declare themselves in English as they are and shall be obliged by the late Act of Parliament and the Supream Authority of this Nation he doth lovingly admonish them to make use of these if they cannot frame better which I think impossible I am confident the Author if God permit will recollect some other scattered Papers which have layn a long time in darknesse but will without doubt when they come forth illuminate their Judgements and abolish some Errors which are daily committed for want of well declaring and pleading Some ancient Clerkes may be offended but I care not Non nobis solum nati sumus c. The few Vitia Scriptor ' in the Author are amended what oversights or neglects you may impose upon the Printers you shall have thankes to amend which is all that I expect and more then the Collector of these Presidents hath yet had And so I conclude in the words of a grave Lawyer Nihil aliud in his reportare cupio quam ut eruditior quispiam istis provocatus doctiora scriberet promulgetque Farewell J. W. ACTIONS OF ABATEMENT ABATEMENT AND the aforesaid I. T. and I. D. by R. D. their Attorney come and defend the force and injury The Defendants plead in Abatement to the Writ that the Plaintif and another Stranger are Tenants in Common and the other not named in the Writ when c. and pray Judgement of the Writ aforesaid because they say that the aforesaid T. G. the aforesaid fourteenth day of August whereon as is supposed the Entrie aforesaid to be made had nothing in the Mannor aforesaid with the appurtenances unlesse in common and undivided with â—ne W. C. Esquire which said W. as yet is alive and remains in perfect Health and is not named in the Writ aforesaid And this they are ready to averre whereupon they pray Judgement of this Writ AND the aforesaid T. G. saith that his Writ aforesaid The Defendant pleads the sole seisin in himself and traverses c. for the reason prealleged ought not to be abated because he saith that long before the aforesaid fourteenth day of August wherein the Entrie aforesaid was made one I. G. Father of him the said T. whose Heir he is was seized of the Mannor aforesaid with the appurtenances in his Demesn as of Fee and so being thereof seized of such his Estate died seized After whose death the Mannor aforesaid with the appurtenances did descend to him the said T. G. as to the Son and Heir of him the said I. G. by vertue whereof the same T. into that Mannor with the appurtenances after the death of the aforesaid I. G. as Son and Heir of the aforesaid I. did Enter and was thereof sole seized in his Demesn as of Fee at the time of the Entrie aforesaid made and afterwards Without that that the same T. G. the same fourteenth day of August Traverse the Tenute in Common held the Mannor aforesaid in common and undivided with W. C. aforesaid in the form wherein the aforesaid I. and I. above have alleged And this c. whereupon he prayes Judgement whether his Writ aforesaid for the reason before alleged ought to be abated c. Issue upon the Traverse And the aforesaid I. and I. say that the aforesaid T. G. the aforesaid fourteenth day of August held the Mannor aforesaid with the appurtenances in common and undivided with the aforesaid W. C. in the form wherein the same I. and I. have above alleged And of this they put themselves upon the Country And the aforesaid T. G. in like manner c. Misnomer of the Town wherein the Entrie and Trespass is supposed to be Committed pleaded in Abatement AND the aforesaid I.F.I.W. and I.P. by W.F. their Attorney come and defend the force and injury when c. And all contempt and whatsoever c. And pray Judgement of the Originall Writ of the Plaint aforesaid Because whereas the aforesaid T. L. by the same Writ supposeth that the aforesaid I.F. I.W. and I.P. into the Mannors aforesaid with the appurtenances in F. O. and other Villages as in the Writ c. were entred The same I. F. I.VV. and I. P. say that within the County of N. aforesaid there is not had nor at the time of the obtaining the aforesaid Writ was there had any Town any Hamlet or place known out of any Town and any Hamlet known or called by the name of Odnoggo And this c. Whereupon they pray Judgement of that Writ c. The Plaintif replies that there is no Misnomer and thereupon takes issue And the aforesaid I.VV. sayes that his Writ aforesaid for the Reason prealleged ought not to abate because he sayes that at the aforesaid time of the obteining of the Originall Writ of the Plaint aforesaid to wit the twelfth day of in the twenty fourth year of the Reign of our Lord the King that now is within the City aforesaid was had and as yet is had a certain Town known and
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'
manner whatsoever And whereas also all and singular Pleas of whatsoever trespasses speeches and publishing of scandalous English words whatsoever touching and concerning the Banckruptery or insufficiency or poverty of any person being a Merchant at the time of the speaking or publishing of the same scandalous English words and all other such Pleas and matters onely are not of the Test or Jurisdiction but doe specially appertein and belong to their now Queen and her Regall Crown and by the Lawes of the Land of this Kingdome of the said Queen of England they ought not in any manner whatsoever to be tryed ended and discussed before the Admirall or by the Admirall or by his Deputy and from the time of mans memory they ought and were accustomed to be tryed c. by the Lawes of the Land Notwithstanding which one John Raynes Merchant of the City of London not being ignorant of the Premisses cunningly devising and intending the same J. Osborn against the due form of the Law of this Kingdom of England unduly to grieve oppress and weary out and the said now Queen and her Regall Crown to dis-inherit and also the Cognizance of a Plea which to the same Queen and her Regall Crown in this behalf and not to the Court of Admiralty doth belong to another Tryall in the Court of Admiralty to draw him the said J. O. in the Court of Admiralty before the Worshipfull and excellent man The stile of the Judge in the Court Admirall Mr. David Lewis Doctor of Lawes chief President of the Court of Admiralty or his lawfull Deputy or other competent Judge in this behalf whatsoever of and for the protestation of the insufficiencie and disabling of the said John Raynes Merchant being as before is spoken of and of and for the speaking publishing and affirming of the English words following that is to say c. as by the Libell of him the said J.R. against him the said Jo. Osborn exhibited and here profered to the Court more plainly it may and doth appear where in truth the speaking publishing and affirming of the said scandalous words and the aforesaid protestation by the said J. O. before supposed to be done in the said Libell specified if any or which like speech divulging affirming or Protestation were had and done at Guilford in the County of Surrey and not upon the main Sea nor within the Maritine Jurisdiction And the said J.R. the same J. O. in the said Court of the said Admiralty to condemn and the said J. R. of and in the Premisses to answer with all his Forces as yet endevoureth and from day to day cunningly deviseth And although the said John Osborn all and singular the Premisses in the Court of the said Admiralty before the aforesaid Judge of the Court of that Admiralty for his discharge in the Premisses had often pleaded alleged and brought inevitable testimony to prove Notwithstanding which the Judge of the Court of that Admiralty altogether refused to admit that Plea and allegation in contempt of the said now Queen and to the manifest damage prejudice impoverishment and grief of him the said John O. And this the said J.O. is ready to prove whereupon the said John here most humbly imploring the gracious Ayd of the Court of the said Queen prayeth remedy and the Writ of Prohibition of the said Queen to be directed to the Judge of the Court of that Admiralty to prohibit him that he in no wise should any further hold the aforesaid Plea of the Premisses in any manner whatsoever depending before him c. And it is granted unto him c. ACTIONS OF REPLEVIN REPLEVIN ss AND the said R. R. by T.S. his Attorney cometh and defendeth the force and Injury when Defendant justifies the taking of the Cattell for Rent behinds c. And doth well avouch 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. is and from the time of the said taking and before was one acre of Land in R. aforesaid and saith that long before the time of the said taking before supposed to be done and at the same time the said R. was seized in his Demesn as of Fee of one Messuage one Garden ten acres and half an acre of land and two acres of Wood with th' appurtenances in R. aforesaid whereof the said place in which c. is And at the said time in which c. was parcell And so being thereof seized that same Messuage Garden land and Wood with th'appurtennaces long before the time of the taking aforesaid that is to say at the Feast of St. Andrew the Apostle in the year of the Reign of the Lord Edward late King of England the fourth after the Conquest brother of the Lord the now King 22. at R. aforesaid Demised unto the foresaid I.A. To have to him from the same Feast as long as it should please him the said R. yielding therefore yearly unto the said R. as long as the said J. should have and occupy the said Messuage Garden Land and Wood 21. shillings at the Feast of Pentecost and Andrew the Apostle by equall portions yearly to be paid by virtue of which Demise the said I.A. the said Messuage Garden land and wood with th' appurtenances from the said Feast of St. Andrew the Apostle untill the Feast of Saint Andrew the Apostle next before the time of the taking aforesaid had and occupied And for that that 21. shillings of the said Lease by the said time unto him the said R. at the time of the said computation remained in arrear and as yet remaineth unpaid doth well avouch the taking of the sayd Cattell in the said place in which c. and justly c. And this he is ready to prove whereupon he prayeth Judgement and the return of the said Cattell to be adjudged unto him c. Plaintif saith that before the Defendant had any thing one N. was seized of the Premisses and afterward the said Land descended to the Wife of the Plaintif as Heir of N. by which the Plaintif claimed the Tenements in hereditarie right and that the Defendant had nothing in the Tenements unlesse by Intrusion Claim ss ANd the said J. A. saith that the said R. the taking of the said Cattell in the foresaid place in which c. by any matter before alleged that he ought not to avouch the same to be just because he saith that long before the time of the said Caption and long before the said R. had any thing in the said Messuage Garden land and Wood with th' appurtenances one N. A. was thereof seized in his Demesn as of Fee and dyed of such his estate thereof seized after whose death the right of the aforesaid Tenements with th'appurtenaces descended unto one T. A his Son and Heir of him the said N. and the said R. after the death of the said N. into
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
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.
pence of the said Tenements unto the said T. W. his heirs and Assignes for ever at the feasts of th' Annuntiation of the blessed Mary c. and of St. Michael th'Arch-Angel to be paid by equall Portions and the said I. M. by his said writing willed and granted that if the said annuall Rent should happen to be behind in part or in all unpaid beyond any Term of the payment thereof before limitted that then it should be lawful unto the said T. W. his heirs and Assignes in all the said Tenement land Meadow feedings pasture and Woods and every parcell of them to enter and distrain and the distresses so taken thereupon to lead drive carry away and retain the same untill of all the said annuall Rent which then should be behind together with the damages and Expences had and incurred by occasion of the Not-payment of the said Rent unto the said T. W. his heirs or Assignes should be fully paid and satisfied by vertue of which said Grant of the said I. M. twenty six shillings and eight pence unto the said T.W. in his life that is to say Payment of a Rent charge alleged by which the Defendant was thereof seized at the feast of St. Michael th'Arch-Angel in the year of the said Lord Henry late King of England the seventh eighteenth at H. aforesaid did pay by which the said T.W. was of that Rent seized in his Demesn as of Fee and so thereof being seized the said T. long before the taking aforesaid supposed to be done that is to say the twelvth day of August in the third year of the Reign of the said now King at Feversham in the County aforesaid dyed thereof seized after whose death the said Rent with th' appurtenances descended unto the said T. as Son and heir of the said T. and because Eightteen pound thirteen shillings and four pence of the said Rent for seven years ended at the feast of St. Michael the Arch-Angel next after the death of the said T. W. and next after the said taking supposed to be done unto the said T. were behind and as yet remaineth unpaid the said V. for five pound six shillings and eight pence of that Rent unto the said T. for the two first years of the said seven years next before the death of the said T. due as bailiff of the said T. doth well acknowledg the taking of the said Cattel in the said place in which c. as parcell of the said Tenements unto the distress of the said T. in form aforesaid charged And justly c. And this he is ready to prove c. whereupon he prayeth judgement and the return of the said Cattel to be adjudged unto him c. And the said S. M. saith Plaintif saith that the Grantor did not grant the annuall rent in barr specified Protestation that the said V. by any matter in his said acknowledgment before alleged the taking of the said Cattel in the said place in which c. ought not to acknowledg just because protesting that the said I. M. hath nothing in the said Tenements at the time of the Grant of the said Rent supposed to be done for Plea saith that the said I. M. by his said Writing gave and granted unto the said T. W. the said annuall Rent of the said fifty three shillings and four pence going forth of the said Tenements in manner and form as the said V. in her said acknowledgement before hath alleged And this he is ready to prove c. Whereupon from which the said V. the taking of the said Cattel before acknowledging prayeth judgement and his dammages by reason of the taking and detension of the said Cattel to be adjudged unto him c. And the said V. saith that the said I. M. by his said writting gave and granted unto the said T. V. the said annuall Rent of fifty three shillings and four pence going forth of the said Tenements in manner and form as the said V. before hath alleged and this she prayeth that it may be inquired of c. Cambridge Defendant justifies the taking of the hurdles for that that he was seized of the Mannor of C. and had accustomed to have folding within the Precinct of the same and that if any other any fold there should levy then it should be lawfull unto the Lord of the same Mannor the same fold to cast down flat and those hurdels to distrain and to keep untill c. And saith that the Plaintif hath levyed a fold within the precinct of the said Mannor c. Mich 33. H. 8. roll 100. ss AND the said T. Braken by I.W. his Attorney cometh and defendeth the force and injury when c. All taking and whatsoever c. And doth well avow the taking of the said thirty six Folding Hurdels in the said two Ridges of Land and justly c. Because he saith that one T.D. Master or Keeper of the Kings Hall or College within the University of Cambridge vulgarly called the Kings Hall and the Fellowes of the same Hall or College were seized of the said two Ridges of Land in their Demesn as of Fee in the right of their said College and that the said T. likewise seized in his Demesn of and in the Mannor of Chesterton in the said County and the said T.B. and all those whose estate he hath of and in that Mannor with th' appurtenances they had and were accustomed to have free folding in and through the Precinct of the Town of Chesterton aforesaid and further the said T. B. saith that if any one any other folding within the precinct of the said Town of Chesterton without leave of the Lord of the Mannor of C. aforesaid for the time being did levy that then the Lord of the Mannor of C. aforesaid who for the time should be that folding by all the said time at his will hath accustomed to cast down flat and also those Hurdels of such folding so erected by the whole time aforesaid to distrain and at his will under safe custody likewise accustomed to put as long as and untill such those Hurdels in due manner out of his possession should be sued forth and because the said T. G. before the said time in which c. a certain fold in and upon the said two Ridges of Land in C. aforesaid by the command of the said Master and Fellowes of the said Hall or College without the leave of him the said T. H. with the said thirty six folding Hurdles did set up and levyed the said T. B. those thirty six folding Hurdles took and the same under safe Custody put as to him it was lawfull which is the same taking and detaining of the said thirty six folding Hurdles whereof the said T.G. before himself now Complaineth Enquire And this he is ready to prove whereupon he prayeth judgment and the return of those thirty six folding Hurdles and also dammage according to the form of the
the same Tenements with th' appurtenances unto the said Defendant to have unto the said Defendant from the same Feast of Saint Michael to the end of the Term of four years from thence next following and fully to be Compleated By vertue of which said Demise the said John was of the said Tenements possessed And the said Plaintif claimed the said Tenements with th' appurtenances by Colour of a certain Deed of Demise unto him thereof made for Term of his life by the said Thomasine Colour before the said Demise unto the said Defendant in form aforesaid made where nothing of those Tenements with th' appurtenances in the possession of them the Plaintifs by that Deed ever passed into the said Tenements before the said time in which c. they entred upon which said possession of the Plaintifs thereupon the said Defendant into the said Tenements in which c. at the same time in which c. claiming his said Term re-entred and the said Close in the same Tenements in N. did break and the grass upon the same Tenements then growing with the said Cattell did eat up and tread down as to him it was lawfull And this c. Whereupon c. And they the said Plaintifs say Plaintif allegeth a certain Conveyance unto him by the said T. Chelyn made for and in consideration of a certain Marriage that they by any matter before alleged from his said Action against him the said Defendant had ought not to be precluded because they say because that long before the said Trespass done the said T. Chelyn was seized of the said thirty acres of Land in N. aforesaid and of the hundred and thirty acres of wood with th' appurtenances in D. and N. aforesaid called the Mannor of Sholand in his Demesn as of Fee and so thereof seized long before the said Trespass done that is to say the sixt day of July in the Third year of the Reign of the said now King at Lynsted in the said County between the said T. C. and one William Morgan the then Son and Heir apparent of the said Thomasine and A. Hett it was agreed and covenanted that the said W. Morgan should take to VVife and marry the said A. and the said A. should take to Husband the said W. Morgan and the same Thomasine for Matrimony between them to be solemnized then and there covenanted and granted unto the said W. M. and Alice that they from the day of Matrimony between them to be solemnized should have and hold unto them and their Assigns for Term of their and either of their life as long as they live the said Tenements in D. and N. aforesaid and that the same Thomasine and all and singular other persons which then were or then afterward should be seized of and in those Tenements should stand and be thereof seized immediatly after the Matrimony between the said W. M. and Alice solemnized to the use of them the said W. M. and Alice to the Term of their or either of their life so long as they live and after the death of them the said W. and A. to the use of the said T. C. and her heirs and that the same Thomasine should make or procure to be made all and singular the said Tenements to be secured unto the said W. M. and Alice according to the form of the said Concord and Agreement when she should be thereunto requested And the said Plaintifs say that after the said Concord and Agreement in form aforesaid made that is to say the twenty sixth day of the said Moneth of July in the third year aforesaid the said Alice at Hern in the said County of Kent took to Husband the said W.M. and he took to wife the said Alice that the Matrimony solemnized and celebrated between them was according to the form and effect of the said Concord and agreement by and after which said Matrimony solemnized and consummated the said Thomasine was of the said Tenements with th' appurtenances in her Demesn as of Fee seized to the use of the said W.M. and Alice for the Term of their and either of their life so long as they live and she so therof being seized the said VV. M. and A. according to the form of the said Concord and Agreement the issues and profits of the said Tenements by the Sufferance of the said Thomasine from the said 26. day of July in the third year abovesaid until the 15. day of July the said W. M. at Feversham in the said County of Kent dyed and the said Alice him survived by which the said Thomasine was of the said Tenements with th' appurtenances seized in her Demesn as of Fee to the use of the said Alice for the term of her life and she the said Thomasine so thereof to that use being seized the said Alice after the death of the said VV. M. and long before the said Trespass done into the said Tenements entred and those Tenements with th' appurtenances afterwards that is to say in the day of the Nativity of St. John the Baptist in the twelfth year aforesaid an Hern aforesaid the said Plaintifs demised To have to them and their Assigns from the same day untill the end and Term of three years from thence next following and fully to be compleat by vertue of which Demise the said Plaintifs were of the said Tenements with th' appurtenances possessed untill the said Defendant at the time of the said Trespass done the said Close did break and the said grass in that Close then growing with the said Cattell did eat up tread down and consume in manner and form as they the said Plaintifs by their said Bill before against him doe Complain All and singular which matters they the said Plaintifs are ready to prove whereupon from what the said Defendant the said Trespass in N. aforesaid before hath acknowledged pray Judgement and their said Damages by occasion of the said Trespass to be adjudged unto them c. And the said Defendant protesting that it was not consented Protestation agreedâ— and covenanted between the said Thomsine and the said W.M. and Alice that the said VV. M. should take to VVise the said A. H. protesting also that the said Thomasine for the Matrimony between the said W. M. and A. to be solemnized did not Covenant nor grant to and with the said W. M. and Alice that they from the day of Marriage to be solemnized between them they should have and hold to them and their Assigns for the Term of their and either of their life so long as they live the said Tenements nor that the same Thomasine and all and singular other persons which were or then afterwards should be seized of and in those Tenements should stand and be thereof seized after the Matrimony between them the said W. M. and A. solemnized to the use of them the said W.M. and A. for the Term of their and either of their life
so being seized the same R. of such his Estate before the said time in which c. dyed thereof seized after the death of which said R. the said Tenements with th' appurtenances descended unto one Matild as Daughter and Heir of the said R. by which the same Matild into the same Tenements with th' appurtenances entred and was thereof seized in her Demesn as of Fee according to the Custom of the said Mannor and so thereof seized the same Matild before the said time in which c. took to Husband the said I. M. by which they the said I. and Matilda were of the same Tenements with th' appurtenances seized in their Demesn as of Fee according to the Custom of the said Mannor Colour by demise by Copy of Court-Roll in the right of the said M. And the said I. S. claiming the said Tenements with th' appurtenances by Colour of a certain Deed of Demise to him thereof made by the said late Earl in his life long before the said Demise of the said Tenements with th' appurtenances unto the aforesaid R. M. in form aforesaid made where nothing of the said Tenements into the possession of him the said I. S. by that Deed ever passed into the said Tenements with th' appurtenances entred Upon the possession of which said I. S. the same I. M. in the right of the said M. his Wife afterwards that is to say at the same time in which c. into the said Tenements with th' appurtenances re-entred and the said Close and House as the proper Close and House of them the said I. M. and M. did break and the said Grass as the proper Grass of the said I.M. and M. with the said Cattell did eat up tread and consume as to him it was lawfull The form of Pleading where Land is granted by Copy of Court-Roll to him and his And further the same I. M. saith in fact that within the said Mannor it hath and from the time the Contrary of which the memory c. it had such Custom that is to say that all Tenants of any Lands and Tenements within the said Mannor having and holding the same Lands or Tenements as of the said Mannor by Copy of Court-Roll by these words in the same Copies that is to say To have to him and his according to the Custom of the said Mannor they shall have an estate in the same Lands and Tenements with th' appurtenances in Fee-Simple according to the Custom of the said Mannor And this c. And whereupon c. And the said I. S. saith that he by any matter c. not to be precluded because he saith that well and true it is that the said late Earl of Ormond was seized of the said Mannor with th' appurtenances whereof c. in his Demesn as of Fee and so thereof dyed seized after the death of which said Earl the said Tenements with th' appurtenances Discent descended unto the aforesaid I. S. as to the Cosin and Heir of the said late Earl that is to say as Son and Heir of George as Son and Heir of Anne Daughter and Heir of the said Earl by which the said I. S. before the said time of the said Trespass done into the said Mannor with th' appurtenances whereof c. entred and was thereof seized in his Demesn as of Fee untill the said I. M. at the said time in which c. into the said Tenements with th' appurtenances entred and the said Close and House then and there did break and the said grass then and there growing with the said Cattell did eat up tread and consume in manner and form as the said I. S. before Without this himself now Complaineth Without this that the said Tenement with th' appurtenances are and from the time the contrary of which the memory of man doth not remain were Customary Lands and Tenements and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in pleading hath alleged And this c. Whereupon from what the said I. M. of the said Trespass before acknowledgeth prayeth Judgement and his Damages by occasion of the said Trespass to be adjudged unto him c. And the said I. M. as before saith that the said Tenements with th' appurtenances are and from the time the Contrary of which the memory of men doth not remain were Customary Tenements and Lands and Demised and demiseable by Copy of Court-Roll of the said Mannor in manner and form as the said I. M. before in Pleading hath alleged And of this he putteth himself upon the Countrey And the said I. S. likewise c. Therefore c. I. I. lately of c. and B. P. lately of Declaration in Trespass and false imprisonment c. were attached to answer W. N. of a Plea wherefore by force and arms him the said W. at London they took imprisoned and evill handled and him there so in prison against the Law and Custome of the Realm of our Lady the Queen that now is they long deteyned and other harms to him they did to the great Damage of him the said W. and against the Peace of our Lady the Queen c. And whereupon the same W. by I. W. his Attorney complaines that the aforesaid I. and B. such a day and year by force and arms that is to say with Clubs and Knives him the said W. at London c. they took imprisoned and evill handled And him there in Prison against the Law and Custom of the Realm of our Lady the Queen that now is they long that is to say for the space of thirty dayes they deteined And other harms c. To the great Damage c. And against the Peace c. Whereupon he saith he is worsted and hath Damage to the value of 300. pounds And thereupon he brings his Sute c. To this Declaration above the Defendants plead specially the Charter of the Universitie and that they were Proctors And that the Plaintif was fined for ingrossing and forestalling c. And this in the Chancellours Court in Cambridge and so justifie the taking of him for the Fine and to this the Plaintif Demurs and the Defendants joyn in Demurrer At which day here came aswell the aforesaid W. as the aforesaid I and B. by their Attorneys aforesaid The Demurrer adjudged good and a Writ of Enquirie of Damage awarded And upon this the aforesaid Plea of the aforesaid I. and B. above in Bar pleaded being seen and by the Justices here fully understood it seems to the same Justices here that that Plea in the manner and form aforesaid pleaded and the matter conteined in the same is insufficient in the Law to debar him the said W. from having his Action aforesaid against the aforesaid I. and B. For which the aforesaid Plaintif ought to recover his Damages by occasion of the Trespass aforesaid against the aforesaid
to say the first day of August in the first year of the Reign of the said now King Edward the sixth at Alhallowes aforesaid demised the moiety of the said Tenements with the appurtenances unto the said John Wood to have and to hold the same moiety of the said Tenements with the appurtenances unto the said J.W. and his Executors from the said first day of August untill the end and tearm and for the Tearm of twelve yeares from thence forth next ensuing and fully to be compleated by vertue of which said demise the said J.W. into the moiety of the said Tenements with the appurtenances entred and was thereof possessed untill the said S. him the said J. W of the moiety of those Tenements with the appurtenances thrust out and the said A. B. of the same unjustly and without judgement disseised upon the possession of which said S. thereupon the said J. Wood before the said time of the said Trespasse done claiming his said tearm of and in the same into those Tenements with the appurtenances entred and was thereof possessed by virtue of the said Demise untill the said S. afterwards that is to say at the said time of the said Trespasse done the said Close did break Without this and the said Cattell then and there did take and the same in form aforesaid impounded in manner and form as the same J. Wood before against him himselfe complaineth without this that the said R S. was seized of the said whole tenements with the appurtenances in manner and form as the said S. above in his said Barr hath alleadged and this c. whereupon from which the same S. the said trespasse before acknowledging prayeth judgement and his damages by occasion of that trespasse to be adjudged unto him c. ANd the said S. as before saith that the said R.W. was seized of the said whole tenements with the appurtenances in manner and form as the same S. before in pleading hath alledged and of this he putteth himself upon the Country c. Justification of Trespasse for Lands in Gavel-kinde AND the said G. W. by R.H. his Attorney cometh and defendeth the force and wrong when Kent Justification in Trespasse for that that the Tenements were of nature of Gavel-kind in the County of Kent c. and as to the coming with force and armes c. not guilty and as to the residue of the said Trespass before supposed to be done the same G. saith that the said E. and A. no action because he saith that the said Close called R. otherwise B. doth contain and at the said time of the said Trespasse before supposed to be done did contain eighteen acres of land and wood with the appurtenances of which said Tenements with the appurtenances long before the said time in which c. one E.W. the Elder Grand-Father of the said G.W. the now defendant was seized in his demesne as of fee and him the said G.W. the grand-father of those Tenements with the appurtenances so being seized the same G.W. the Grand-Father before the said time in which c. died thereof by protestation seized after th death of whichsaid G.W. the G-F those Tenements w th the appurtenances for that they are of the tenure and nature of gavelkind in the said county and that all Lands and tenements of the same Tenure and nature in the same county from the time the contrary of which memory c. were parted and partable between the heirs males did discend to T W. as Son and co-Co-heir of the said G. the Grand Father and unto the aforesaid G. the now Defendant and R.W. his Brother and Margery Bedell as Kinne and Co-heir aforesaid of the said G. W. their Grand-Father that is to say unto the aforesaid G. the now Defendants and to the said R. his Brother as Sonnes and heirs of one R.W. one of the Sons and Co-heirs of the said G. W. the elder and unto the aforesaid T.W. as another of the sons and Co-heirs of the said G. the said G.W. the now Defendants Grand-Father and unto the said Margery as the Son of A. another of the Sons and Co-heirs of the same G.VV. the Grand-Father Discent By vertue of which the said G.VV. the now Defendant and the said R. VV. his Brother into the said Tenements with the appurtenances before the said time in which c. entred and were and as yet do thereof remain thereof seized in their demesne as of Fee and the same Tenements with the appurtenances do hold In common and undivided and at the time of the said Trespasse supposed to be done and at the day of the filing of the said Bill that is to say the tenth day of October in the sixth year of the Reign of the said now King held in common and undivided with the said Edward and Alice who the pur-party of the said Margery of and in the said Tenements do hold from the said Day of filing of the said Bill they have holden for tearm of years then during from the demise of the said Margery and one John Bedell her husband And this c. Whereupon he prayeth Judgment if an Action c. NOt to be precluded because he saith Plaintiff saith that the said G.W. the Grand-Father infeossed one A.W. his Sonne which said A. had issuee Margery W. and dyed unto which said Margery the Tenements discended in the right of an heir and the same Margery tooke to husband one J.B. and the said J.B. and M. demised the Tesements unto S.S. and A. his wife now one of the Defendants and afterwards the same S.S. dyed and the same A took to husbanb the said E. now one of the plaintiffs by vertue of which said demise they the said E. entred that well and true it is that the said G.VV. the Grand-Father in the said Barr before named was seized of the said Tenements with the appurtenances in his demesne as of Fee in manner and form as the said G. the now Df. before in pleading hath alleadged and that the same G.VV. the Grand-Father so thereof being seized before the said time of the said trespas done of the said tenements with the appurtenances infeoffed the said A.VV. his Son to have the same Tenements with the appurtenances unto the same A. and his heirs for ever by vertue of which said Feoffment the same A.VV. was seized of the said Tenements with the appurtenances in his Demesne as of Fee and him the said A. of the said Tenements with the appurtenances so being seized the same A. of those Tenements with the appurtenances died seized after the death of which said A. the said Tenements with the appurtenances discended unto Margery VVallis Daughter and heir of the same A. by vertue of which the same M. into the said Tenements with the appurtenances long before the said time of the said trespas done entred and was thereof seized in her demesne as of fee and she the said
M. of those Tenements with the appurtenances so being seized the same M. before the said time of the said Trespas done at C. aforesaid took to her husband the said J.B. by vertue of which they the said J. and M. were seized of those Tenements with the appurtenances in their demesne as of fee in the right of her the said M. and them the said J. and M. of those tenements with the appurtenances so being seized they the said J. and M. afterwards and before the said time of the said trespas done that is to say at the Feast of Saint Michael the Arch-Angell in the thirty seventh year of the Raign of the Lord Henry the eighth late King of England at C. aforesaid demised the said Tenements with the Appurtenances unto one S.S. and unto the aforesaid A. now one of the Plaintiffs the then wife of the same S. to have and to hold the same Tenements with the appurtenances unto the same S. and A. their Executors and Assigns from the same Feast of Saint Michael the Arch-Angel untill the End and Tearm of seven years from thence next insuing and sully to be compleat by vertue of which said demise they the said S. and A. so thereof being possessed the same S. before the said time in which c. at C. aforesaid dyed and the said Allice him survived and held her self in in the said Tenements with the appurtenances and was thereof possessed by the Right of increase and she the said A. so thereof being possessed the same A. before the said time in which c. at C. aforesaid took to her Husband the said E. H. by virtue of which they the said E. and A. were possessed of the said Tenemenrs with the Appurtenances By the Right of increase untill the said G. W. the now Defendant at the said time of the said Trespasse done the said Close with Force and Armes aforesaid did breake and enter and the said Grasse to the value c. with his feet walking did tread down and consume and the said Cattell in the said Declaration before specified then and there found he did take and chase in manner and form as they the said E. and A. before against him themselves now complaineth And this c. whereupon from which the said G. W. the now Defendant the said Trespasse before acknowledging prayeth Judgment and his Damages by occasion of that Trespasse to be adjudged unto him c. Defendant maintains the plea without this that G.W. Grand-Father infeoffed the said A.W. his Sonne c. AND the said G. W. the now Defendant as before saith that the said G. VV. the now Defendant was of the said Tenements with the Appurtenances seized in his Demesne as of Fee and he the said G. W. the Elder of those Tenements with the Appurtenances so being seized the same G. W. the Elder of those Tenements with the Appurtenances died thereof by protestation seized after the death of which said G. W. the Elder the said Tenements with the Appurtenances for that that the same Tenements are of the Tenure and Nature of Gavel-kinde in the said County and that all Lands and Tenements of the same Tenure and Nature in the same County from the time the contrary of which c. were parted and partable between the Heires Males did discend unto the said G. W. as Son and Heire of the said G. W. the Grand-father of the said G. W. the now Defendant and unto the same G. the now Defendant and to the said R. W. Brother of the same G. the now Defendant and unto the aforesaid Margery as Kinne and Co-heire of the said G. their Grand-father that is to say unto the aforesaid G. the now Defendant and Richard his Brother as Sons and Heires of the said R W. one of the Sons and Co-heires of the said G. W. the Elder and unto the aforesaid T. as another Son and Co-heire of the said G. W. the Grand-father of the said G. the now Defendant and unto the aforesaid Margery as Daughter of the said Alexander another of the Sons and Co-heires of the said G. W. the Grand-father by virtue of which the said G. W. the now Defendant and the said R. W. his Brother into the said Tenements with the Appurtenances before the said time in which c. entred and were and as yet are thereof seized in their Demesne as of Fee and the same Tenements with the Appurtenances do hold and at the time of the said Trespasse before supposed to be done and at the day of fyling the said Bill did hold and as yet doth hold in common and undivided with the said Edward and Alice who the Pur-party of the said Margery Bedell of and in the said Tenements with the Appurtenances do hold and at the said day of fyling of the said Bill did hold for tearm of yeares Without this from the demise of the said I. B. and Margery in manner and form as the said G. the now Defendant before in pleading hath alledged without this that the said G. W. the Grand-father infeoffed the said A. W. his Son of the said Tenements with the Appurtenances in Manner and Form as the said E. and Alice before in replying have alledged And this c. whereupon as before prayeth Judgment and that the said E. and A. from their said Action against him had may be precluded c. And they the said E. and A. as before saith that the said G. W. the Grand-father infeoffed the aforesaid A. W. his Son of the said Tenements with the Appurtenances in Manner and Form as they the said E. and A. before in replying have alledged and this they pray that it may be inquired of c. AND the said W. W. by R. C. his Attorney Devon Defendant Justifies that the Tenements in which c. was the ground of another man and iustifies the Trespasse as his Servant doing damage cometh and defendeth the Force and Wrong when c. And as to the coming with Force and Armes c. not guilty and as to the residue c. the same W. W. saith that the said W. S. no Action because he saith that the said Close and also the place in which c. the said Trespasse is supposed to be done are and at the time of the said Trespasse before supposed to be done were thirty six Acres of Land with the Appurtenances in V. aforesaid in a certain place there called W. which are and at the said time of the said Trespasse before supposed to be done were the Ground and Free-hold of one R. M. by which the same W. W. at the said time in which c. into the said Tenements with the Appurtenances as Servant of the said R. and by his Command entred and the said Close as the proper Close of him the said R. did breake And the same W. W. found the said Colt there the Grasse of him the said R. upon the Ground of him the said
that the aforesaid I. the Imprisonment aforesaid above acknowledgeth he prayes judgement and his damages by occasion of that Imprisonment to be adjudged unto him c. Issue upon the Traverse AND the aforesaid I. as formerly saith that the aforesaid R. the aforesaid time of the imprisonment aforesaid above supposed to be made was a Vagrant and Vagabond as the same I. in his Barre above by pleading hath alleadged And of this he puts himself upon the Country and the aforesaid R. in like manner c. Iustifie imprisonment as by seising of the Ward within age for that the father held of him in Knights service Mich. 50. Hen. 6. Rolle 75. AND the aforesaid R.L. by W. B. his Attorney comes and defends the force and injury when c. And as to the comming by force and armes and the wounding aforesaid sayes that he is in nothing thereof guilty c. And as to the residue of the Trespasse aforesaid above supposed to be made sayes that no action c. because he saith that one W.C. was seized of one Messuage and one hundred acres of Land with the appurtenances in H. in the County of L. in his Demesne as of Fee and so being thereof seized the same Messuage and Land with the appurtenances he held of him the said R. as of his Mannor of H. in H. aforesaid in the County of L. by Knights service that is to say by Homage Fealty and Escuage of our Lord the King of 40 s. when it shall happen unto 10 s. and unto more more c. and unto lesse lesse c. And by doing service of suite unto the Court of him the said R. of his Mannor of H. aforesaid two times of the yeare by reasonable warning to him the said W. thereupon made of which said services the same R. was seized by the hands of the aforesaid W. C. as by the hands of his true Tenant and after and before the Trespasse aforesaid above supposed to be made the same W. dyed of such his Estate of and in the Messuage and Lands aforesaid with the appurtenances seized after whose death the same Messuage and Lands with the appurtenances did discend to the aforesaid H. as to the sonne and heire of the said W. which said H. as yet remaines within the age of one and twenty years By which the same R. after the death of him the said W. at the time of the Trespasse aforesaid supposed to be made as the Keeper of him the said H. during his minority by reason of his Tenure aforesaid his hands softly upon the said H. at H. aforesaid he laid and the body of him the said H. by reason of the premise he there seized and took and in his custody by the time aforesaid he kept as it was lawfull for him to do which said seizing and taking of him the said H. and laying hands of him the said H. out of the cause aforesaid and the keeping of him are the same assault beating imprisoning and evill handling whereof the aforesaid H. above now complaineth And this he is ready to aver Whereupon hee prayes jugdement whether the aforesaid H. ought to have his action aforesaid against him c. And the aforesaid H. sayes that he by any thing before by him the said R. pre-alleadged ought not to be debarred from having his action aforesaid against him of the assault beating evill handling and imprisonment aforesaid because by protestation that the aforesaid W. did not dye seized of the aforesaid Messuage and Lands for plea he saith that the same W. held six acres of Lands parcell of the aforesaid C. acres of Land at the time of the Trespasse aforesaid made of the said R. by fealty and rent of 20 d. by the yeare at the feasts of the birth of our Lord and S. Michael the Arch-angel by equall portions yearly to be paid for all services Without that that the said W. held the aforesaid Messuage Traverse the holding by Knights service and a hundred acres of Land with the appurtenances or any parcell thereof of the aforesaid R. by Knights service in the forme wherein the same R. above by pleading hath alleadged And this he is ready to aver Whereupon for that that the aforesaid R. above hath acknowledged c. he prayes judgement and his damages by occasion of that assault c. to be adjudged unto him c. AND the aforesaid R. sayes Issue upon the Traverse that the aforesaid W. held the aforesaid Messuage and a hundred acres of Land with the appurtenances of the aforesaid R. by Knights service in the forme wherein hee the said R. above by pleading hath alleadged And of this he puts himselfe upon the Country And the aforesaid H. in like manner c. Therefore the Jury between them is to come c. Trespasse and assault against the man and wife the man pleads not guilty and assault demesne for his wife AND the aforesaid T. and A. by W. F. their Attorney come and defend the force and injury when c. And the aforesaid T. sayes that he is in nothing thereof guilty c. And of this he puts himselfe upon the Country And the aforesaid H. and I. in like manner c. And the aforesaid T. and A. for the aforesaid A. say that as to the coming by force and armes or whatsoever which is against the peace c. say that shee is in nothing thereof guilty And of this they put themselves upon the Country and the aforesaid H. and I. in like manner And as to the residue of the Trespasse aforesaid above supposed to be made the same T. and A. for the aforesaid A. say that the aforesaid H. and I. ought not to have their action aforesaid thereupon against them because they say that the aforesaid I. the day and yeare aforesaid on her the said A at E. aforesaid made an assault and her there would beat wound and evill entreat unlesse she the said A. had then defended her selfe And so the evill if any to her the said I. then and there happened that was of the proper assault of her the said I. and in the defence of the said A. And this the same T. and A. for the aforesaid A. are ready to aver Whereupon they pray judgement whether the aforesaid H. and I. ought to have thereupon their action aforesaid against them c. AND the aforesaid H. and I. say that they by any thing before pre-alleadged ought not to bee debarred from having their action aforesaid against the said T. and A. for that they say that the aforesaid A. by force and armes of her proper injury and without such cause by them above alleadged on her the said I. the day and year above written made an assault and her the said I. did beat wound and evill treat as the same H. and I. above by their Writ and Declaration aforesaid against them complaine And this they pray may be