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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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and B. W. before alleged saith that one W. I. was seized of the said Mannor of H. whereof the whole place in which c. is parcell in his Demesn as of Fee and as yet remaineth and so thereof seized in the Feast of St. Michael th'Arch-Angell in the 20th year of the Reign of the said now King at H. Demised unto the said I.I. that Mannor with th' appurtenances To have to him and his Assigns at the Term of ten years then next following and fully to be compleated by virtue of which said Demise the said I. I. of that Mannor with th' appurtenances of such estate was possessed and as yet remaineth And so saith that he doth hold the said Mannor with th' appurtenances at the term of years in form aforesaid the said Freehold and Fee thereof being in the person of the said W. I. without which said W.I. the said I.I. saith that he cannot answer unto the foresaid W. and W. to the said Acknowledgement and prayeth Ayd of him the said W. I. and hath c. Therefore the Sheriff is Commanded that he summon by good Summons the said W. I. that he be before the Lord the King such a day wheresoever c. to answer unto the said W. and B. together with the said I. and I. to the said acknowledgement if c. the same day is given unto the parties c. At which day before the said King at Westminster commeth aswell the said I. I. as the said W. and B. by their said Attorney Essoyn of a bad retorn and the said W. I. then caused himself to be Essoined of a bad retorn comming After which Summons c. of the said Plea and hath thereupon day by his Essoin here untill to this day that is to say such a day then next following c. And now here at this day commeth aswell the said I. as the said W. and I. by their said Attorney And the said W. I. the Summons unto him in the said County being made by W. S. his Attorney likewise commeth and joyneth himself with the said I. I. to answer unto the said W. and B. together with the said I. I. to the acknowledgement aforesaid Enquire if the retorn of the Sheriff that he had not summoned should not be expressed here Joyn in aid Impartance And upon this aswell the said I. as the said W. I. prayeth Licence thereupon to impart here untill in c. of St. Michael and they have c. the same day is given to the said W. and B c. At which day here commeth aswell the said I. I. and W. I. who joyneth c. as the said W. and B. by their said Attorney And the said I. I. and W. I. say that the said W. B. and B. the taking of the said Sheep in the said place in which c. for the reason by them before alleged they ought not to acknowledge just because they say that one T. D. and W. D. were seized in their Demesn as of Fee of the said Mannor of H. with th' appurtenances whereof the said place in which c. is parcell long before the said R. had any thing in the said Mannor Plaintif saith that the Grantor had nothing in the Mannor unless by Disseisin and that the Grant made of the Rent was in the mean between the said Disseisin and the re-entry of the Plaintif untill the said R. them the said T. and W. B. of the sayd Mannor unjustly disseized and without Judgement of Disseizin And afterwards the said T. and W. into the said Mannor with th' appurtenances upon the possession of him the said R. re-entred And they say that the said Graunt of the said Rent was made in the mean-while between the said Disseizin and the said Re-entrie of the said T. and W. And this they are ready to prove whereupon they doe not intend that the said W. and B. the taking of the said Sheep in the said p●ace in which c. for the reason by them before alleged cannot acknowledge And from which they the said W. and B. the taking of the said Sheep before acknowledged pray Judgement c. and their Judgement by that occasion to be adjudged unto them c. ss AND they the said W. B. and B. say th●t they by any matter before alleged from the said taking acknowledged just Defendant maintaineth the Plaintif without this that the said R. disseised the said Plaintif c. ought not to be precluded because they say that one B. once was seized of the said Mannor of H. with th' appurtenances in his Demesn as of Fee and so thereof seized gave and granted unto the said R. that Mannor with th' appurtenances To have to him and his Heirs for ever by virtue of which the said R. was thereof seized in his Demesn as of Fee at the Graunt made of the said Rent Without this c. Without this that the said R. Disseized the said T. and W. D. of the said Mannor of H. with th' appurtenances as the said I. I. and VV. I. who joyneth himself c. before have alleged And this they are ready to prove Whereupon he prayeth Judgement and the retorn of the said Sheep to be adjudged unto him c. ss AND they the said J. J. and VV. J. who joyneth himself Plaintif saith that he disseised c. c. say that the said R. disseised the said T. and VV. of the said Mannor of H. as they the said J. J. and VV. I. before have alleged and this they pray that it may be inquired of by the Country And the said VV. and B. likewise Defendant avows the taking of the Cattell for rent behind and Service undone c. therefore c. ss AND the said T. S. in his own person commeth and defendeth the force and injury when c. and doth well avow the taking of the said Cattell in the said place in which c. and justly c. because he saith that the said J. is and at the day of the said taking was seised of one Messuage and fifteen acres of Land in the said Town of H. whereof the place in which c. is parcell in his Demesn as of Fee and those Tenements with th' appurtenances doth hold and at the day of the said taking held of him the said T. as of his Mannor of I. by Fealty and the Rent of 3. shillings and 4. pence unto the said T. at the Feast of Easter and of St. Michael the Arch-Angell by equall portions yearly to be payd and by the Service to reap two acres of Rye and two acres of Oats in the Harvest and to fill the Lords Cart to dung a piece of Land called Beroland in the Demesns of the Land of the said Mannor growing and being every year by one dayes work and doing Sute to the Court of him the said T. of J. at H. from three weeks of which said Services he
did cut down and carry away against the Peace of the said now King and Queen as he above against him complaineth in manner and form as he the said Plaintif in replying hath alleged without this that within the said Mannor it hath and from the time of which the Memory of men is not to the contrary it had such Custome that is to say that every customary Tenant of the said Mannor who held any customary Tenements within that Mannor to him and his heirs at the Will of the Lord of that Mannor by Copy of Court-Rolls of that Mannor according to the Custome of the same Mannor was able to and might cut down whatsoever Trees and Woods growing in or upon those Customary Tenements without any forfeiture of any such Customary Tenement unto the Lo●d of that Mannor for the time being for such like waste in manner and form as the said Defendant above in rejoyning hath pleaded and this c. wherefore as formerly he prayeth Judgement and his Damages aforesaid by reason of the said Trespass to be adjudged unto him c. ss AND the said Defendant as before saith that within the said Mannor it hath and from the time of which c. it had such Custome that is to say that every Customary Tenant of the said Mannor which held any Customary Tenements within that Mannor to him and his heirs at the Will of the Lord of that Mannor by Copy of Court-Roll of that Mannor according to the Custome of the same Mannor is able to and might cut down whatsoever Trees and Wood growing in or upon those Customary Tenements without forfeiture of any such like Customary Tenements unto the Lord of that Mannor for the time being for such like waste And of this he putteth himself upon the Countrey and the said Defendant likewise c. ss AND the said Johane by W.B. her Attorney commeth and defendeth the force and injury when Defendant justifies Trespas as Servant by vertue of a certain Demise by the Rector of the Parish Church of St. Swithins in London according to the Custom of the City of London by the assent of the Warden of the same Parish the Deed being openly known Custome of London that the Rector of any Church might let the land of his Church with the assent of the Wardens of that Church and of honest persons of the Vestrey c. and as to the comming with force and arms not guilty and as to the residue of the said Trespass above supposed to be done the said I. saith that the foresaid R. ought not to maintain his Action because he saith that the said House in which the said Trespass is supposed to be done is and at the time of that Trespass above supposed to be done was one Messuage with th' appurtenances in the Parish and Ward aforesaid whereof long before the said time in which c. one R. Chatterton Clerk late Rector of the Parish Church of St. Swithin in Candle-wick-street in the City of London was seized in his Demesn as of Fee in the right of his said Church and that the said City of London is an antient City within which said Ciity it hath and from the time c. it had such Custom that if and whensoever any person being Rector of any Parish Church within the said City being seized in his demesn as of Fee in the right of his Church aforesaid of any Messuage or Tenement within the same City to the use of the Parishioners of the Parish of which any such person should be Rector or to the use intention or Trust to any charitable works to be done or done or to the use of finding any Chaplain at Divine Services in such Church where such person so should be Rector to doe and celebrate and if such Rector so seized at such use should make any Demise of any such Messuage or Tenement unto any person or persons for term of years by his Deed indented sealed with his Seal by the Assent of the Wardens of good Works Rents and Ornaments of such Church or of one of the Wardens of such Church for the time being and of any other honest persons of that Church in a certain place called the Vestrey of the Church of such Parish being come together to the handling of the businesses of that Church or the greater Number of those persons so being there assembled that from thenceforth such Demise for Term of years so made should be and from the whole time abovesaid it was used to be good valid and of force in Law against such Rector and his Successors of others whosoever claiming under the title and titles of the Rector during such Term in such Deed of Demise specified although such Demisor shall die or his Rectory or Benefice thereupon resign or her with any other person should grant within such Term in such Deed of Demise contained and that long before the said time in which c. and long before which the said R. H. had any thing in the aforesaid Messuage with th' appurtenances the said R. C. Clerk then being Rector of the Parish Church of St. Swithin aforesaid was seized of that Messuage with th' appurtenances in his Demesn as of Fee and in right of the said Church to the use to find a Chaplain to celebrate Divine Services in the aforesaid Church of St. Swithins for ever and so thereof to that use being seized the said R. C. being Rector of that Church long before the said time in which c. that is to say in such a day in the thirty second year of the Reign of H. 8. at London in the Parish of St. Swithins in the Ward of Walbrook aforesaid by his certain Deed indented one part of which is sealed with the Seal of the said R. C. the same I. R. here in Court doth profer whose Date is the same twenty first day of October in the said twenty second year of H. 8. abovesaid with the Assent of William Sp●nk and Richard Bownington then Wardens of the good Works Rents and Ornaments of the said Church of St. Swithins being and of the greater number of honest persons of that Parish in a place called the Vestrey of the Church of the said Parish being assembled to treat of the businesses of that Parish Namely T. P. A. R. R. C. I. P. R. D. W. D. W. S. W. G. T. W. H. B. A. B. W. H. R. C. I. H. R. B. and I. S. Demised Granted and to farm let unto one John Rogers the aforesaid Messuage with th' appurtenances To have and to hold unto the said R. his Executors and Assigns from the Feast of the Nativity of our Lord Jesus Christ from thenceforth next ensuing untill the end and term of ten years from thenceforth next ensuing and fully to be compleat and ended yielding and paying therefore yearly during the said Term unto the said Rector and Wardens or to their Successors Rectors and Wardens of the said Church