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.

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 • 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 called by the name of Ognoggo, as by the VVrit aforeſaid is ſuppoſed, And this he prayes may be Enquired of by the Countrey, And the aforeſaid Defendants in like manner, &c. Therefore Command is given unto the Sheriff of N. that he cauſe to come before our Lord the King (ſuch a day) whereſoever, &c. twenty four, aſwell Knights, &c. of the body of the County of N. by whom, &c. And who neither, &c.

Miſnomer of the Addition pleaded in Abatement.ANd the foreſaid VV. P. in his proper perſon, comes and defends the force and injury, when, &c. And all contenpt, and whatſoever, &c. And ſayes that be at the time of the obtaining of the Originall VVrit of the Plaint aforeſaid, was of the Societie of Clements Inne, in the Pariſh of St. Clements Danes without the Barres, a Member of the middle Temple London, which ſaid Societie is, and at the time of the obtaining of the ſame VVrit, and long before was a certain Societie of Men, Expert in the Temporall Lawes,Traverſe. and practiſing the ſame, as alſo of Counſellours of the ſame Law, VVithout that, that the ſame VV. at the time of the obtaining the ſame Writ was VV.P. of London, Mercer, or by that name known or called, as by the ſame Writ is ſuppoſed, and this, &c. VVhereupon he prayes Judgement of that VVrit, &c.

And the aforeſaid I. ſayes, that his VVrit aforeſaid,Iſſue upon the Traverſe. for the reaſon aforeſaid, ought not to abate, becauſe he ſaith that the aforeſaid VV. at the time of the obtaining the ſame VVrit, to wit, the ſixteenth day of June, in the eighteenth year of our Lord the King, was W. P. of London Mercer, and by that name known, and called, as by the ſame Writ is ſuppoſed; And this he prayes may be inquired of by the Countrey, And the aforeſaid W. in like manner, &c.

ſſ. WIlliam Pole of London, Smith,Miſnomer in the Surname pleaded in Abatement. was Attached to anſwer I. W. of a Plea of Treſpaſs, And the ſame perſon, which by the name of W. P. of London, Smith, by the Sheriffs of London is taken, and by the ſame Sheriffs brought to the Bar, in his proper perſon comes, and ſayes that he at the time of the obtaining of the Originall Writ of the Plaint aforeſaid, and alwayes afterwards, was known, and called by the name of William Cuaſon of London, Smith, Without that, that he at the obtaining of the ſame Writ,Traverſe. or ever afterwards, was known, or called by the name of W. P. of London, Smith, as by the ſame Writ is ſuppoſed; And this, &c. whereupon he prayes Judgement of that Writ, &c.

AND the aforeſaid I. C. ſayes,The Plaintif replies that he is known, and called aſwell by the one, as by the other. that his Writ aforeſaid for the reaſon, &c. ought not to abate, becauſe he ſaith, that at the time of the obtaining of the ſame Writ, that is to ſay (ſuch a day and year) the ſame W. was indifferently known, and called, aſwell by the name of VV. P. of L. S. as by the name of VV. C. of L. S. And this, &c. VVhereupon he prayes Judgement, whether his VVrit aforeſaid ought to abate, &c.

AND the aforeſaid VV. ſayes,Iſſue upon the Miſnomer. that he as the time of the obtaining of the aforeſaid VVrit, and ever afterwards, was known, and called by the name of VV. Curſen, of London, Smith, as he above hath alleged, without that the ſame VV. at the ſame time, or ever afterwards, was indifferently known and called, aſwell by the name of VV. P. of L. Smith, as by the name of VV. C. of London, Smith, And of this he puts himſelf upon the Country, and the aforeſaid Plaintif in like manner, &c. Therefore the Jury is to come out of the body of the County, &c.

Note.It is to be known, if the party come freely out of Priſon, then the Entrie ought to be thus (And thereupon he bring, his Sute, &c.)

And VV. C. of London, Smith, in his proper perſon comes, and ſayes that he is the ſame perſon againſt whom by the name of W. P. of L. Smith, the aforeſaid I. brought his Originall VVrit aforeſaid, And defends the force and injury, when, &c. and ſayes that he, &c. (as before, &c.) And the aforeſaid I.C. ſayes, that it is well and true, that the ſame perſon which now appears by the name of VV.C. of London, Smith, is the ſame perſon againſt whom the ſame I.C. by the name of W. P. of London, Smith, brought his VVrit aforeſaid, And ſayes further, that his ſame VVrit, for the reaſon prealleged, ought not to abate, becauſe he ſayes (as before, &c.)

Note.Note, where the partie comes in by Cepi Corpus, there the Entrie muſt be made as before in the other Plea aforeſaid, &c.

ACTIONS OF APPEAL. APPEAL.

ſſ. IOan Govor of, &c. John Govor of,Appeal of Robbery againſt the Principals and Abettors, Trin. 24. Hen. 6. Roll. the 25. &c. Richard Hopkins of, &c. Thomas Ireland of, &c. and William Quick of, &c. were attached by their bodies, &c. to anſwer Thomas Berd, together with William Podie, of, &c. and others, of a Robbery and breach of the Peace of our Lord the King that now is, whereof they are Appealed, And there are Pledges, &c. to will, &c. And whereupon the ſame Thomas Berd in his proper perſon inſtantly Appeales the aforeſaid Joan, and others, for that where as the aforeſaid Thomas Berd was in the peace of God and of our Lord the King that now is, at Huiſh neer Highbrig on Wedneſday next after the Feaſt of the Invention of the holy Croſs in the 24. year of the Reign of our Lord the King that now is, about the hour of ten before noon of the ſame day, where came aſwell the aforeſaid Joan and others, who now appear, as the aforeſaid William Podie, Some of the Defendants appear and others do not appear. &c. who now appear not, whom the aforeſaid Thomas Berd of the Robbery aforeſaid might appeal if they were preſent, to be Felon and Felons of our Lord the King that now is, lying in wait, and premeditating the aſſault againſt the peace of our Lord the King that now is, his Crown and dignities, the day, year, hour, place, and County of Somerſet aforeſaid, And the aforeſaid Thomas Ireland, and others, the aforeſaid Thomas Berd of forty Sheep, eight pair of Sheets, and other Goods, &c. of the Goods and Chattels of the aforeſaid Thomas Berd then and there found feloniouſly did rob, take, and carry away, And the aforeſaid Joan and others then and there were preſent, comforting and helping the aforeſaid Thomas Ireland and others to make the aforeſaid felony in form aforeſaid, And ſo ſoon as they the ſaid Felons, the Felonie and Robbery aforeſaid in form aforeſaid had done, they fled, And the ſame Thomas Berd them ſpeedily followed from Town to Town unto the four next adjoyning Villages, And with or untill, &c. And if the ſame Felons, who now appear, the Felonie aforeſaid of the Robbery aforeſaid upon them above put, will denie, the ſame Thomas Berd is here ready to prove this againſt them as the Court, &c. And the aforeſaid Joan (and ſome of the Defendants) in their proper perſons, came and defended the force and injury, when, and all Felony, and whatſoever, &c. Not guilty for ſome of the Defendants. And ſay that they are not guilty, And of this they put themſelves, &c. And the aforeſaid Thomas Berd in like manner, &c. Therefore the Jury thereupon is to come before our Lord the King in eight dayes of the Purification of the bleſſed Virgin Mary, And who neither, &c. to Recognize, &c. Becauſe aſwell, &c. The ſame day is given to the parties now appearing, And upon this the ſame Joan, Bayl for ſome of the Defendants. and Thomas Ireland, and others, are delivered over in Bayl unto Iohn Methole of &c. and three other Manucaptors, &c. before our Lord the King at the aforeſaid Town, &c. At which day before,Default after Iſſue by one. &c. the aforeſaid Thomas Berd ſolemnly called to appear came not, And the aforeſaid Iohn Govor and others in their proper perſons came, And the aforeſaid Ioan Govor, and Thomas Ireland, although ſolemnly called the fourth day of the Plea came not, upon which the aforeſaid Iohn Methole one of the Pledges of the aforeſaid Thomas Ireland in his proper perſon came, And ſaid that the ſame Thomas Ireland is dead,One of the Defendants dead. and dyed at Huiſh neer Highbrigs in the ſaid County of Somerſet long before the ſaid eight dayes of the Purification, &c. to wit (ſuch a day) and this he is ready to avow, whereupon he preſumeth our Lord the King, him upon the aforeſaid occaſion would acquit, &c. And upon this for that that it is ſufficiently here in Court by credible men of the aforeſaid Country teſtified, that the aforeſaid Thomas Ireland is dead, and dyed in the form which is by the aforeſaid Iohn Methole above alleged,Ceaſe of Proceſs as to one and his Bayl by death. Exigent againſt one who makes default after Iſſue. which Thomas Croſwell who proſecutes for our Lord the King on that behalf denyeth not, It is conſidered that the proceſs againſt the aforeſaid Thomas Ireland and his pledges aforeſaid on that behalf ſhould ceaſe, &c. And that the Manucaptors of the aforeſaid Ioan Govor be taken, &c. And command is given to the Sheriff, that he cauſe to be required the aforeſaid Ioan from County to County untill, &c. ſhe be wayved if not, &c. And if, &c. then he take her, and her ſafely, &c. So that he have her body before our Lord the King from the day of Eaſter in one month whereſoever, &c. And upon this for that the aforeſaid Thomas Berd, the appeal aforeſaid againſt the aforeſaid Iohn Govor and others in form aforeſaid proſecuteth not,Judgement againſt the Plaintiff by default. It is conſidered that the ſame Thomas Berd be taken, &c. And his pledges aforeſaid of proſecuting be in mony &c. And that the aforeſaid Iohn Glovor of, &c. and others who above appeared, as to the Sute of the aforeſaid Thomas Berd, go without day, &c. But as to the ſatisfying of our Lord the King being inſtantly ſpoken to, in what manner of the premiſes upon them above put they would acquit themſelves, they ſay ſeverally they are not guilty, &c. Not guilty as to the King. And thereof of good or ill ſeverally put themſelves upon the Country, Therefore the Jury thereupon is to come before our Lord the King in eight dayes of St. Hillary, whereſoever, &c. And who neither, &c. to Recognize. &c. becauſe aſwell, &c. The ſame day is given to the parties aforeſaid, &c. Bayl for thoſe that are acquit by default. And upon this the aforeſaid Iohn Govor and others are delivered unto Bayl unto William Trigo and three other Manucaptors untill the aforeſaid Term, &c. And ſo from day to day untill, &c. At which day before our Lord the King at Weſtminſter came the aforeſaid Iohn Govor, Venirefacias. and others in their proper perſons, and the Sheriff returns the names of 24. Jurors whereof none, &c. Diſtringas Jur'. Therefore command is given to the Sheriff that he ſhould not omit, &c. but deſtroy, &c. by all the Lands, And that of the iſſues, &c. And that he have the bodies of them before our Lord the King from the day of Eaſter in fifteen dayes whereſoever,Ni. pri. &c. or before the beloved, and faithfull of our Lord the King R. N. Knight, chief Juſtice of our Lord the King of his Bench, if before on Thurſday next after, &c. at &c. by form of the Statute, &c. come to make the Jury aforeſaid, &c. The ſame day is given to the aforeſaid Iohn Govor and others, &c. Continuance of the Jurat'. And the Proceſs thereupon continued by the Jury thereupon put, It is put in reſpite before our Lord the King untill from the day, &c. Unleſs the Iuſtices of our Lord the King at the Aſſizes, &c. firſt (ſuch a day &c.) at, &c. by the form of the Statute, &c. comes for default of Jurors, &c. At which ſaid fifteen dayes from the day of Eaſter before our Lord the King at Weſtminſter came the aforeſaid Iohn Govor and others, &c. in their proper perſons, And the aforeſaid Iuſtices at the Aſſizes, &c. before whom &c. ſent the Record, &c. in thoſe words, afterwards the day and place within conteined before, &c. came the aforeſaid Iohn Govor, &c. in their proper perſons, and the Iurors. &c. being called in like manner came. And upon this Proclamation being made as the manner, as if any for the Lord the King could enform the Jurors of the Jury, whereof within is made mention of the within-contained, he ſhould come and he ſhould be heard, But none appeared to do this, Whereupon it was proceeded into the taking of the Jury aforeſaid by the oath of the twelve, who to ſpeak to the truth of the within-contained, being choſen,Verdict for the Defendants. tryed and ſworn, ſay upon their oaths that the aforeſaid Iohn Govor and others, &c. are in nothing guilty of the Robbery of the within written Thomas Berd, as the aforeſaid Iohn Govor, &c. within by pleading have alleged, nor upon that occaſion ever withdrew themſelves, nor any of them ever withdrew himſelf, and they Aſſeſs the Damages of each the aforeſaid Iohn Govor, &c. having reſpect aſwell to the Impriſonment and Arreſt, which ſeverally by occaſion of the Appeal aforeſaid they have ſuſtained, and the infamy which by the Impriſonment,Damages for the Defendants. and by other means they have ſeverally incurred, as alſo for their expences and coſts in that behalf layed out, to a hundred pound, and upon this the aforeſaid Iohn Govor, Avowment that the Plaintiff had not wherewith to ſatisfy the Damages. &c. ſay that the aforeſaid Thomas Berd hath not, whereof the aforeſaid Damages may be rendred unto them, and pray that the Juſtices here may enquire, at which, or whoſe abetting the Appeal aforeſaid by malice was formed, and upon this it was ſought of the Jurors aforeſaid, if the aforeſaid Thomas Berd have whereof to the aforeſaid Iohn Glovor and others, he may be able to render the Damages aforeſaid or no, who ſay that the aforeſaid Thomas hath ſufficient,The Jury find he hath Aſſets. whereof to the ſaid Iohn Govor and others, &c. he may be able to render the Damages aforeſaid, and further ſay upon their oaths that there are no Abettors to the forming of the Appeal aforeſaid by malice; for that, that the principals aforeſaid of the premiſes are quit.The Jury find no Abettors becauſe the Principals are quit: It is conſidered that Proceſs on that behalf againſt the Acceſſaries aforeſaid ſhall altogether ceaſe, &c.

ACTIONS OF ASSIZE. ASSIZE.

ſſ. THe Aſſize comes to be Reviſed, whether R. N. and N. H. and A. his wife have unjuſtly, Mid. Aſſize upon Diſſeiſin made of Tenements, as of the Freehold. Eaſter 9. Hen. 7. Roll 37. diſſeied I. Y. of F. I. G. the Elder, and W. B. of his Freehold in H. after the firſt, &c. And whereupon the ſame I. I. and W. by W.F. their Attorney complain, that they have diſſeized them of one Meſſuage, and one acre and a half of Lands, with the appurtenances, &c.

And the aforeſaid R. N. and A. being called, came not, And of them the Sheriff Retorns, that they have nothing, &c. The Defendants come not, and the Sheriff retorns a Nihil, &c. The aſſize is taken by Default, &c. and the review found for the plaintif. And that they are not found, &c. And that they have neither Bayl nor Bayls; Therefor the Aſſize aforeſaid is taken againſt them by default, &c. And the Reviewers of the aſſiize aforeſaid being called, came, who to ſpeak to the truth of the premiſes being choſen, tried, and ſworn, ſay upon their Oath, that the aforeſaid I. I. and W. were ſeized of the Tenements aforeſaid, with the appurtenances, in their view put in the Plaint aforeſaid ſpecified in their Demeſn, as of Free hold, untill the aforeſaid R. N. and A. them thereof unjuſtly and without judgement, and by force and arms they did diſſeize, and they aſſeſs the Damages of them the ſaid I. I. and W. by occaſion of the Diſſeizin aforeſaid above their Expences and coſts by them about the proſecution of this Aſſize layd out, to ſix ſhillings and eight pence, And for thoſe Expences and coſts to thirteen ſhillings and four pence. And of the ſame Reviwers by the Court it is Demanded, if the ſame Diſſeiſin were made after the Eighth year of the Lord Henry the ſixth, late King of England, or no, who ſay it is ſo, Therefore it is conſidered that the aforeſaid I. I. and W. ſhall recover their ſeiſin of the Meſſuage, and Land aforeſaid, with the appurtenances, in the Plaint aforeſaid, ſpecified by the view of the Reviewers of the ſame Aſſize, and their Damages aforeſaid, to the trouble, according to the form of the Statute in that caſe provided, and by the Reviewers aforeſaid in form aforeſaid aſſeſſed, which ſaid Damages in the trouble amount unto three ſhillings. And the aforeſaid R. N. and A. are to be taken, &c.

A Writ of Scire fecias ſeiſinam upon the aſſize before.THe King, to the Sheriff of Middleſex Greeting; Whereas I. Y. of F. I. G. the Elder, and VV. B. lately in our Court before, &c. at VVeſtminſter, by the review of a certain Aſſize of novell diſſeſin, and the judgement of the ſame Court, have recovered their ſeiſin of one Meſſuage, and one acre and a half of Land, with the appurtenances, in H. againſt R. N. N.H. and A. his wife, And therefore Wee Command you, that you cauſe to be had to the aforeſaid I. I. and VV. full ſeiſin of the Tenements aforeſaid, with the appurtenances, without delay, Witneſs, &c.

An Originall in aſſize of noble diſſeiſin before the King. ſſ. THe King to the Sheriff of Middleſex Greeting, I. Knill, and H. Lord Chard, have complained unto us, that G.H, VV. K. and R. A. have unjuſtly, and without judgement, diſſeized them of their Freehold in H. after the firſt, &c. And therefore we Command you, that if the aforeſaid I. R. and H. ſhall make you ſecure of proſecuting their claim, Then you cauſe that Tenement to be reſeized of the Cattell which in it were taken, and that Tenement with the Cattell to be in peace untill Friday next after three weeks of Saint Michael, And in the mean time to cauſe twelve free and lawfull men of that VViſonage to view that Tenement, and the names of them in the VVrit, And that you Summon them by good Summons, that they be then before us at Weſtminſter, ready thereupon to make their review. And that you put by ſure and ſafe Pledges the afore- G. W. and R. or their Bailiffs, if they be not found, that they be then there, to hear that Reviſement, And that you have then there the Summoners the names of the Pledges, and this VVrit, VVitneſs our ſelf at Weſtminſter, the twentieth day of October, in the nineteenth year of our Reign.

The Retorn thereof.Pledges of proſecuting John Doe, and Richard Row G. H. C. H. and R. A, within named are attached, Horſe of the price of 11. ſhillings, The reſidue of the Execution of this Writ appeared in a certain Panell to this Writ annexed the anſwer of L. K. and R.W. Sheriffs, The names of the Reviewers, &c. I. R. Eſquire, &c. (and ſo the twenty fourth) ſingularly Impanelled (and then thus) the Summoners of the Reviwers aforeſaid, and of every of them I.T. and R. S. the Manucaptors of the ſummons of the Reviewers aforeſaid and of every of them A. D. R. R. N. D. and H. H.

THe King to the Sheriff of Middleſex Greeting, Habeas Corpus Jur' upon the ſame. We command you that you have before, &c. on Thurſday next after the Morrow of St. Martin the bodies of I. R. Eſquire (and ſo the names of the 24 in the panell named) the Reviewers of a certain Aſſize of novell diſſeiſin which I. R. and H. L. have brought before us againſt G. H. W. H. and R. A. of Tenements in H. to make reviſement of the ſame Aſſize, and that in the mean time you cauſe the Reviewers aforeſaid, to ſee the Tenements aforeſaid and their names in the Writ, and that you have then there the names of thoſe Reviewers, and this Writ. Witneſs, &c.

The return of the ſame Writ remains in a certain panell to this Writ annexed the anſwer of L. H. and R. W. Sheriffs,The Return of the Writ of Habeas Corpus Jur'. The names of the Reviewers, &c. (and then the names of the Reviewers in the Panell,) &c. (and then thus) each of the Reviewers aforeſaid ſeverally by himſelf is attached by I. D. and R. R.

Note for a Rule Generall that the Inrolment of the Writ of Habeas Corpus, ought alwaies to be in the Roll of Pleas and not elſewhere and ought to be enrolled as in the Plea following.

ſſ. THe Aſſize came to be Reviſed, whether G. Houghton, Middleſex. A Declaration in Aſſize of novell diſſeiſin upon the originall Writ aforeſaid. March 19. Hen. 7. Roll. 69. One of the Defendants ſayes that the Father of his Wife was ſeiſed of the Tenements in view, put in Fee and dyed, and the Defendant entred in right of his Wife and had iſſue, and the Wife dyed, and as Tenant by the Law of England hold himſelf in, &c. W. H. and R. A. unjuſtly, &c. have diſſeiſed I. R. and H. L. of their Freehold in H. after the firſt, &c. And whereupon the ſame I. and H. by G. C. their Attorney complain that they have diſſeiſed them of one Meſſuage and 18. Acres of Land with the appurtenances, &c. and the aforeſaid G. H. by T. L. his Attorney comes and anſwers as Tenant of the Tenants aforeſaid, and ſayes that the Aſſize thereupon between him and the aforeſaid. I. H. ought not to be had, Becauſe he ſaith that one W. B. was ſeiſed of the Tenements aforeſaid with the appurtenances, put in view of the reviſement of the Aſſize aforeſaid, and in the Plaint aforeſaid ſpecified in his Demeſn as of Fee, and he being thereof ſeized dyed of ſuch his eſtate thereof ſeized, after whoſe death the Tenements aforeſaid did diſcover to one I. the Wife of the aforeſaid G. as to the Daughter and Heir of the aforeſaid W. B. by which the ſame G. and I. in right of her the ſaid I. as Daughter and Heir of the aforeſaid W. into the Tenements aforeſaid with the appurtenances did enter and were thereof ſeized in their Demeſn as of Fee in right of her the ſaid I. And they being ſo thereof ſeized the aforeſaid G. and I. had iſſue between them one W. H. and afterwards the aforeſaid I. L. in the Pariſh of St. B. in the Ward of A. London dyed, and the aforeſaid G. over-lived her, and held himſelf in the aforeſaid Tenements with the appurtenances, and was thereof ſeized in his Demeſn as of Freehold, as holding thereof by the Law of the Land of this Kingdom of England, And that the aforeſaid I.R and H. clayming the Tenements aforeſaid, with the appurtenances, by colour of a certain deed of Demiſe to them thereupon made for term of their life by the aforeſaid W. B. in his life time, Whereas nothing of the Tenements aforeſaid, with the appurtenances, into the poſſeſſion of them the ſaid I. and H. by that Deed ever paſſed into the Tenements aforeſaid entred upon, whoſe ſaid I. and H. their poſſeſſion thereupon one D. D. in the ſame Tenements with the appurtenances entred, upon whoſe ſaid D. D. his poſſeſſion thereupon the aforeſaid G. in the ſame Tenements with the appurtenances did reenter as it was lawfull for him to doe, and this, &c. Whereupon he demands judgement, whether the aforeſaid I. and H. the Aſſize aforeſaid thereupon, againſt him ought to maintain, &c.

The other Defendants ſay they made no diſſe • ſin.And the aforeſaid W. H. and R. A. in their proper perſons ſay, that they have done no injury, nor diſſeſin to the aforeſaid I. R. and H. of the Tenements aforeſaid, And of this they put themſelves upon the Aſſize, And the aforeſaid I. R. and H. in like manner, Therefore the Aſſize is to be taken thereupon between them, &c.

The Plantiff ſays that one was ſeiſed of the Tenements, and Enfeoffed the Plaintiffs to hold for ever, and traverſes the dying feiſed of the Father of the Defendants Wife.

The Traverſe

And the aforeſaid I. R. and H. ſay that they by any thing, by the aforeſaid G. prealleged ought not to be debarred from having the Aſſize aforeſaid againſt him, becauſe they ſay, that one R. A. was ſeized of the Tenements aforeſaid in view, &c. and in the Plaint, &c. ſpecified in his Demeſn as of Fee, And being ſo thereof ſeized did Enfee of them the ſaid I. R. and H. To have and to hold to them and their Heirs for ever, By vertue of which ſaid Feoffment they the ſaid I. and H. were thereof ſeized in their Demeſn as of Fee, untill they the ſaid I. W. and R. A. in the Writ named them the ſaid I.R. and H. of thoſe Tenements aforeſaid with the appurtenances unjuſtly, &c. they diſſeiſed, Without that, that the aforeſaid W. B. dyed ſeized in his Demeſn as of Fee, of the aforeſaid Tenements put in view of the reviſement of the Aſſize aforeſaid in the Plaint above ſpecified, as the aforeſaid G. hath above by pleading alleged And this &c. Whereupon he prayes judgment, and that the Aſſize aforeſaid may be proceeded in to the taking thereof between them. &c.

Iſſue taken upon the traverſe.And the aforeſaid G. as formerly ſaith, that the aforeſaid W. B. dyed ſeiſed in his Demeſn as of Fee of the aforeſaid Tenements with the appurtenances, as he above by pleading hath alleged, and of this he puts himſelf upon the Aſſize,The Aſſize remains to be taken for want of Reviewers. and the aforeſaid I. R. and H. in like manner. &c. Therefore the Aſſize is to be taken between them, &c. And the Reviews of the Aſſize aforeſaid, being called ſome of them came, and the Aſſize aforeſaid remains to be taken before the Lord the King at Weſtminſter untill Thurſday next after the morrow of St. Martyn for want of Reviews, &c. Therefore the Sheriff is to have them there, the bodies of the Reviewers, &c. And in the mean time, &c. So that, &c. The ſame day is given to the parties aforeſaid here, &c. At which day before our Lord the King at VVeſtminſter, came as well the aforeſaid I.R. and H. as the aforeſaid G. by their Attorneys aforeſaid, and the aforeſaid VV. H. and R. A. in their proper perſons in like manner came, and the Reviewers of the Aſſize aforeſaid being called in like manner came, who to ſpeak to the truth of the premiſes, being choſen,Verdict in Aſſize for the Plaintiff. tryed, and ſworn, ſay upon their oaths that the aforeſaid R. B. dyed not ſeiſed of the Tenements aforeſaid with the appurtenances, as the aforeſaid I. R. and H. above by pleading have alleged, and that the aforeſaid I. R. and H. were of the Tenements aforeſaid with the appurtenances ſeiſed in their Demeſn as of Fee untill the aforeſaid G. W. and R. them the ſaid I. and H. thereof unjuſtly and without judgement, but not by force nor Arms they did diſſeize, and they Aſſeſs the damages of them the ſaid I. and H. by occaſion of the premiſes, aforeſaid above their expences and coſts by them, about the proſecution of this Aſſize layd out to thirteen ſhillings and four pence,Judgement upon the verdict. and for thoſe expences and coſts to twenty ſhillings, Therefore it is conſidered that the aforeſaid I. R. and H. ſhall recover the ſeiſin of the Tenements aforeſaid, in the Plaint aforeſaid ſpecified, by the view of the Reviewers of the Aſſize aforeſaid, and their damages and coſts aforeſaid above aſſeſſed, which ſaid damages in the whole amount unto thirty three ſhillings and four pence, and the aforeſaid G.VV. and R. in mony, &c. Mony, &c.

SIr Iohn Knill and Hugh Lochard have arraigned an Aſſize of novell diſſeiſin againſt G. H. and others,The charge given to the Jury upon the foregoing aſſize. and ſuppoſeth them to be diſſeiſed of their Free-hold in H. and have made their claim for a Meſſuage and eighteen Acres of Land with the appurtenances, thereunto hath come the ſame G. by his Attorney, and ſaith that the Aſſize thereof between him and the ſaid I. R. and H. L. ought not to be for that he ſaith (as in his Plea) and the aforeſaid W. and others Defendants, ſay that they have done no wrong nor no diſſeiſin unto the ſaid Plaintiff of the aforeſaid Tenements, and of that they have put them upon the Aſſize, and the Plaintiff alſo (and then rehearſe further the title of the Plaintiff in his reputation, and the iſſue that is joyned thereupon, and then thus) ſo your charge is whether that W. B. dyed ſeiſed in his Demeſn as of Fee, of the Meſſuage and eighteen acres of Land put in view, and ſpecified in the Plaint as the ſaid G. H. hath alleged in his Bar or not, and alſo whether the ſaid W. H. and other Defendants diſſeiſed, the Plaintiffs of the Tenements aforeſaid or not, if you find that the ſame W. B. dyed not ſeiſed as the Plaintiff hath alleged, you ſhall enquire whether the Plaintiffs were ſeiſed of the Tenements put in view, and ſpecified in the Plaint in their Demeſn as of Freehold, and diſſeiſed by all the Defendants or any of them, and whether the diſſeiſin was done with force or not, and if you find the ſaid A.B. dyed not ſeiſed, and that the Plaintffs were ſeiſed of the Tenements and diſſeiſed by the Defendants or ſome or any of them, you ſhall enquire what damage the Plaintiff hath ſuſtained by reaſon of the diſſeiſin, and alſo for the coſts about the ſute of this Aſſize, and if you find that W. B. dyed ſeiſed in his Demeſn as of Fee, and that the Defendant diſſeiſed not the Plaintiff, you ſhall enquire no further, and this is your charge, &c.

ACTIONS OF AUDITA QUERELA. AUDITA QUERELA.

ſſ. THE Lady the Queen hath ſent to her Juſtices of the Pleas aſſigned to be held before her, Audita Querela upon an Eſcape by a Bailiff of a Libertie. her Writ in theſe words; ſſ. Ellzabeth, &c. To our Juſtices of Pleas in our Court before us aſſigned to be held Greeting, Wee have received by the grievous complaint of Thomas Boyton of, &c. in the County of Suffolk, Clerk, otherwiſe called, &c. That whereas one William Andrews Citizen, &c. and Lewis Simpſon Citizen, &c. London, lately in our Court before us at Weſtminſter by Bill without our Writ, and by the judgement of the ſame Court, had recovered againſt him the ſaid Thomas, aſwell a certain debt of 100. pounds, as 10. pounds for their Damages which they ſuſteined, aſwell by occaſion of the detention of that debt, as for their Expences and coſts, &c. layd out, whereof he is Convict; And although after the rendring of that Judgement, to wit, the ſecond day of July, in the the 31. year of our Reign at Saint Edmonds Burie, in the County of Suffolk, that is to ſay, within the Libertie and Franchiſe then of Roger Townſend Knight, and Willam Drue Eſquire, of St. Edmonds Bury, in the aforeſaid County of Suffolk, the ſame Thomas by John Pridie, and Henry Doy, by vertue of a certain Warrant lately before, to the aforeſaid John Pridie and Henry, by the aforeſaid Roger Townſend, and William Drue, made and directed by vertue of a certain Warrant to them the ſaid Roger and William Dixie, by one Philip Tilvey Eſquire, then Sheriff of the aforeſaid County of Suffolk, under the Seal of his Office made of, and upon a certain VVrit of Capias ad fatisfaciendum o' the aforeſaid William Andrews and Lewis Sympſon, of the Debt and Damages aforeſaid, lately before at the proſecution of them the ſaid W. A. and L. from our ſaid Court before us iſſued, and to the Sheriff of the aforeſaid County of Suffolk lately before directed and delivered, VVhich ſaid Roger Townſend and William Dixie then, that is to ſay, the aforeſaid ſecond day of July, in the aforeſaid 31. year of our Reign, and before and after had full Retorn of all, and all manner of Writs and Warrants within the Libertie aforeſaid to be Executed, and the Execution of them, In Execution of, and for the Debt and Damages aforeſaid was then taken and arreſted, And in Execution deteined untill afterwards, to wit, the third day of November, in the 31 year aforeſaid, the aforeſaid K. T. and W D. the ſame T. B. at Lamby hath in this County of Surrey (the Debt and Damages aforeſaid, to the aforeſaid William Andrews and Lewis Sympſon, being in no wiſe ſatisfied) permitted him to goe whether he would at large. As the ſame Thomas by divers wayes and means which are convenient, is ready to make appear, yet the ſame W. and L. by reaſon of the judgement aforeſaid, for the Debt and Damages aforeſaid, againſt him the ſaid Thomas in our ſaid Court before us now lately proſecuteth, And him upon that occaſion to take; and in our Priſon, under the Cuſtodie of our Marſhall of our Marſhalſees before us to be deteined moſt unjuſtly, have procured to his the ſaid T. B. no little loſs and grievance, and againſt the Law of our Realm of England, Whereupon he hath humbly implored us to provide for him in that behalf a fit remedie, And becauſe we would not that the aforeſaid T. B. ſhould in that behalf be in any manner injured, and being willing to doe what is juſt, VVee Command you, that having heard the Complaint of the aforeſaid T. B. in this behalf, and calling before you the parties aforeſaid, and hearing hereto, thereupon their ſeverall reaſons to him the ſaid T. B. you ſhould cauſe to be had full and ſpeedy Juſtice, as of right, and according to the Law and Cuſtom of our Realm of England ought to be done, VVitneſs our ſelf at Weſtminſter, the twenty ſixth day of October, in the thirty ſecond year of our Reign.The Declaration of the Plaintifs. After, to wit, on Munday next after the morrow of All Souls, in the ſelf-ſame Term before the Lady the Queen at VVeſtminſter came the aforeſaid T. B. under the Cuſtody of the Sheriff of the County aforeſaid in Execution for the debt and Damages aforeſaid to the Bar here brought in his proper perſon, who is committed to the Marſhal, &c. and preſently ſayes, that he in perſon in Execution for the Debt and Damages aforeſaid, ought not to be deteyned, becauſe that he ſayes that the aforeſaid I. Pridie. and Henry Day, the aforeſaid T.B. the ſecond day of July, in the thirty firſt year of the Reign of our ſaid Lady the Queen that now is at St. Edmonds Bury, in the County of Suffolk, that is to ſay, within the Libertie and Franchiſe then of Roger Townſend Knight, and Dix Eſquire of St. Edmonds Burie, in the County of Suffolk; aforeſaid (which ſaid Roger and VVilliam Dix, then and before, and after, had full retorn of all, and all manner of VVrits and Warrants within the Liberty aforeſaid to be executed, by vertue of a certain Warrant lately before to the aforeſaid I. P. and H. by the aforeſaid R. T. and W. D. made and directed, by vertue of a certain Warrant to them the ſaid R. T. and W. D. by one Philip Tilney Eſquire, then Sheriff of the aforeſaid County of Suffolk, under the Seal of his Office made, of, and upon a certain Writ of Capias ad ſatisfaciendum of the aforeſaid W. A. and L. S. of the debt and damages aforeſaid, lately before at the proſecution of the ſaid W. A. and L. in the aforeſaid Court of the ſaid Lady the Queen, before her the ſaid Queen iſſued, and to the Sheriff of the aforeſaid County of Suffolk lately before directed and delivered) they took and arreſted, And him the ſaid T. B. then and there in Execution for the Debt and Damages aforeſaid, under their cuſtodie had, Untill the aforeſaid R. T. and W. D. the ſame T. B. ſo taken and arreſted in Priſon in Execution for the Debt and Damages aforeſaid, being afterwards, to wit, the third day of November, in the thirty firſt year of the Reign of the Lady Elizabeth, now Queen of England aforeſaid, at Lamby Heath, in the County of Surrey, out of the Priſon there, they did permit to eſcape and go at large, by reaſon whereof the ſame T. B. of the Debt and Damages aforeſaid was clearly diſcharged, And prays that he from the Priſon aforeſaid, in which, by the aforeſaid occaſion he is now deteined for the Debt and Damages aforeſaid, he may be delivered, And becauſe the Court of our Lady the Queen here are unknowing, whether the allegation of him the ſaid T. B. be true or no, It is Commanded the Sheriff, that by honeſt men,Scire facias awarded. &c. he make known to the aforeſaid W. A. and L. S. that they be before our Lady the Queen in eight dayes of St. Hillary, whereſoever, &c. to ſhew if they have any thing for themſelves, or know what to ſay, wherefore the aforeſaid T. B. of the Debt and Damages aforeſaid, ought not to be diſcharged, and from the Priſon aforeſaid, in which by the aforeſaid occaſion he is deteined, to be ſet free, &c. if, &c. And further &c. The ſame day is given to the aforeſaid T. B. in the Cuſtody of the Marſhall, &c. And upon this comes (ſuch Manuceptors,Recognizance entred into. &c.) in their proper perſons (and ſo recite the Recognizance) At which day, here before the Lady the Queen at Weſtminſter, came the aforeſaid T. R. in his proper perſon,The Sheriff Retorns a Scire fac'. And the Sheriff Retorns, that by vertue of the aforeſaid VVrit to him thereupon directed, he hath made known to the aforeſaid W. A. and L.S. of being before our Lady the Queen at the aforeſaid Town, in the aforeſaid VVrit conteined, by I. Donne and R. Fenne, honeſt men, &c. as by the ſame Writ it was Commanded him, And the aforeſaid H. A. and L. ſo warned, &c. On the fourth day of the Plea, being ſolemnly called,The Defendants approve by Attorney, and imparl. by Edward Wemmo their Attorney came and prayed thereupon day of imparting, and it is granted unto them, &c. And upon this day thereupon is given to the parties aforeſaid, before the ſaid Queen, from the day of Eaſter in Fifteen dayes, whereſoever, &c. That is to ſay, to the aforeſaid W. A. and L. to impart, and then to anſwer, &c. At which day before our Lady the Queen at Weſtminſter, came aſwell the aforeſaid T. R. in his proper perſon, as the aforeſaid W. A. and L. by their Attorney aforeſaid, And the aforeſaid W. A. and L. further pray day thereupon of imparting, And it is granted unto them, &c. And upon this day is further given to the parties aforeſaid, before the Lady the Queen, to the Morrow of the Holy Trinitie from thence next following, whereſoever, &c. that is to ſay, &c. (as before) At which day, &c. (as before,) And ſo to imparl unto Eight dayes of St. Michael then next following; At which ſaid eight dayes of St. Michael, before our ſame Lady the Queen at Weſtminſter, came aſwell the aforeſaid T. B. in his proper perſon, as the aforeſaid W. A. and L. by their Attorney aforeſaid;The Defendants plead Eſcape. And the aforeſaid VV. A. and L. S. ſay, that by any thing before alleged, the aforeſaid T. B. ought not to be diſcharged from the Execution aforeſaid, Becauſe they ſay, that the aforeſaid R. T. and VV. D. did not permit the ſame T. B. to Eſcape, and goe at large in manner and form as the ſame T. B. hath above alleged,Iſſue joyns thereupon. And upon this they put themſelves upon the Countrey, and the aforeſaid T. B. in like manner, &c. Therefore the Jurie thereupon is to come before our Lady the Queen in eight dayes of St. Hillary, whereſoever, &c. And who neither, &c. to Recognize, &c. Becauſe aſwell, &c. The ſame day is given to the parties aforeſaid,Jury put in reſpite. &c. From which day the Jurie aforeſaid, between the parties aforeſaid, was put in reſpite thereupon between them, before our Lady the Queen at Weſtminſter, untill from the day of Eaſter, in fifteen dayes from thence next following, for want of Jurors, &c. At which day, before our Lady the Queen at Weſtminſter, came aſwell the aforeſaid T. B. in his proper perſon, as the aforeſaid VV. A. and L. S. by their Attorney aforeſaid, And the Jurors called in like manner came, who to ſpeak to the truth of the Premiſſes, being choſen, tried and ſworn, ſay upon their Oaths, that the aforeſaid T. B. was taken and arreſted in Execution for the Debt and Damages aforeſaid, as in the Record aforeſaid above is ſpecified, And that the aforeſaid R.T. and VV.D. Bayliffs of the Libertie and Franchiſe aforeſaid, in the County of Suff • lk aforeſaid, did bring the aforeſaid T. B. to VVeſtminſter, in the County of Middleſex, on Monday before the retorn of the Writ of Capias ad ſatisfaciendum, in the Record aforeſaid above mentioned, (The day of the Retorn of the aforeſaid Capias ad ſatisfaciend' being on Monday next after the morrow of All Souls, in the thirty firſt year of the Reign of our Lady Elizabeth now Queen of England. And that before the retorn thereof, the aforeſaid Bayliffs of the Libertie and Franchiſe aforeſaid, the aforeſaid T. B. at the requeſt of him the ſaid T. B. to the Village of Lambeth, in the County of Surrey did carry; which ſaid Village of Lombeth, is a Village neer adjoyning to Weſtminſter aforeſaid, but out of the way, and not in the way from the County of Suffolk aforeſaid, unto VVeſtminſter aforeſaid, nor is between the County of Suffolk aforeſaid, and VVeſtminſter aforeſaid; And that the aforeſaid Bayliffs of the Liberties and Franchiſes aforeſaid, afterwards at the aforeſaid day of the aforeſaid Retorn of the aforeſaid Writ of Capias ad ſatisfaciendum did bring the aforeſaid T. B. to VVeſtminſter aforeſaid, And him the ſaid, T. B. in the Court of our Lady the Queen, before her the ſaid Queen at VVeſtminſter aforeſaid, into the Priſon of the ſaid Court of our Lady the Queen, called the Kings Bench, by vertue or colour of the aforeſaid Writ of Capias ad ſatisfaciendum they did deliver, And further the Jury ſay, that the aforeſaid T. B. from the time of the arreſt of him the ſaid T. B. aforeſaid, unto the retorn of the aforeſaid Writ of Capias ad ſatisfaciendum, and the delivery of the aforeſaid T. B. into the Court of her the ſaid Lady the Queen, before her the ſaid Queen, as is aforeſaid, remained, and continued with the aforeſaid Bayliffs, by vertue or colour of the aforeſaid Writ or Warrant; But whether upon the whole matter aforeſaid,Speciall Verdicts. in form aforeſaid found, the bringing of the aforeſaid T. B. to Lambeth aforeſaid, &c. in manner and form aforeſaid be an Eſcape out of Priſon, and a permiſſion to goe at large in Law nor no, the Jury aforeſaid are altogether ignorant; Whereupon they pray the adviſement and diſcretion of the Court of our Lady the Queen, now here before her the ſaid Lady the Queen being, And if it ſhall ſeem to the ſaid Court of our ſaid Lady the Queen, that the aforeſaid bringing of the aforeſaid T. B. to Lambeth aforeſaid, in manner and form aforeſaid, be an Eſcape out of Priſon, and a permiſſion to goe at large in the Law, then the Jurors ſay upon their Oath aforeſaid, that the aforeſaid R. T. and T. D. the aforeſaid, T. B. at Lambeth in the County of Surrey aforeſaid, out of the Priſon aforeſaid to Eſcape, and to goat large, they did permit, in manner and form as the aforeſaid T.B. he hath above alleged, and if upon the whole matter aforeſaid, it ſhall ſeem to the Court of the Lady the Queen, that the afore bringing of him to the ſaid T.B. to Lambeth aforeſaid, in manner and form aforeſaid, be not an Eſcape out of Priſon, and a permiſſion to go at large in the Law, Then the Jurors aforeſaid ſay upon their Oath aforeſaid, that the aforeſaid R.T. and W.D. did not permit the ſame T.B. out of Priſon aforeſaid to Eſcape, and to goe at large in manner and form as the aforeſaid T. B. hath above alleged.

ACTIONS OF CONSPIRACIE. CONSPIRACIE.

Norfolk. Declaration in Conſpiracie, for procuring one to be Endicted for Witchcraft. ſſ. NIcholas Stockdale complains of William Skippon of Hi • cham, &c. John Green of &c. William Waters of, &c. and John Hitch of, &c. in the cuſtodie of the Marſhall, &c. for that, that is to ſay, that whereas they the aforeſaid William Skippon Iohn Green, William Waters, and Iohn Hitch the 12. day of July in the 44. year of the Reign of our Lady Elizabeth late Queen of England, at Fakenſam in the County aforeſaid by Conſpiracy fore thought between them, the aforeſaid Nicholas for that he the firſt day of December in the year of the Reign of the Lady Elizabeth late Queen of England the 44. and diver other dayes after the ſaid firſt day of December, ſhould practiſe and exerciſe Witchcraft and Sorcery, wickedly and Feloniouſly at Hitcham aforeſaid, in, upon and againſt one Mary Skippon then the Wife of the aforeſaid William Skippon, by which ſaid practices and exerciſes of the ſaid Witchcraft, the aforeſaid Mary from the aforeſaid firſt day of December in the 44. year aforeſaid untill the 20. day of the month of February in the 44. year aforeſaid moſt dangerouſly and mortally was ſick and languiſhed, and the ſame 20. day of February in the 44. year aforeſaid, the ſame Mary by the ſaid practiſe and exerciſe of the aforeſaid Witchcraft at Hitcham aforeſaid, in the County aforeſaid dyed, and that the aforeſaid Nicholas Stockdale to the ſame Mary at Hitcham aforeſaid, in manner and form aforeſaid of his malice fore thought, willingly, devilliſhly, wickedly and feloniouſly, by the practiſe and exerciſe of the Witchcraft aforeſaid did kill and murder, againſt the peace of our ſaid Lady the Queen, and againſt the form of the Statute of our ſaid late Lady the Queen held at Weſtminſter in the County of Middleſex, in the 5. year of her Reign in that caſe publiſhed and provided, Before our then very beloved and faithfull Counſellour of our ſaid Lady the Queen Iohn Popham Knight chief Juſtice of the ſaid late Queen of the Pleas in the Court of her the ſaid late Queen before her the ſaid Queen aſſigned to be held, and Robert Clark, one of the Barons of the Exchequer, of the ſame late Queen, Juſtices of the Aſſizes of the ſaid late Queen, in the aforeſaid County of Norfolk, then aſſigned to be taken, held at the Caſtle of Norwich, the twelfth day of July in the 44. year aforeſaid, as alſo the Juſtices of the ſame late Queen, for the keeping of the Peace in the County aforeſaid, and aſſigned to hear and determine of divers Felonies, Treſpaſſes and other miſdemeanours in the ſame County then committed, at the Caſtle of Norwich in the County aforeſaid, to be endited, and him the ſaid Nicholas, upon that occaſion then and there to be taken, and in the Gaol of the ſaid Caſtle, of our late ſaid Lady the Queen, be ore the aforeſaid John Popham Knight, and Robe • t Clark Juſtices of our ſaid late Queen, at the Gaol aforeſaid to be delivered, to be held, falſly and maliciouſly they conſpired, and procured againſt the form of the Statute in that caſe lately publiſhed and provided, after which ſaid Conſpiracie, Inditing, taking, and impriſoning, and detenſion of him the ſaid Nicholas, he in form by them the ſaid William Skippon, Iohn Green, William Waters, and Iohn Hitch had, and procured the ſame Nicholas for making his purgation in that behalf, according to the Law and cu •• om of this R • alm of England, being asked then to wit at the Gaol delivery aforeſaid, whether he were guilty of the Felony aforeſaid, whereof in form aforeſaid, he was endicted or no, and thereupon he had ſayd, that he was not thereof guilty and of this had then put himſelf upon the Country, as by the Record thereupon before the Juſtices remaining it is fully manifeſt and appears the aforeſaid William Skippon, John Green, William Waters and Iohn Hitch by Conſpiracie between them at Fakenham aforeſaid in form aforeſaid, came before the aforeſaid Juſtices at the Aſſizes aforeſaid, and to prove him the ſaid Nicholas guilty of the Felony aforeſaid before the ſame juſtices gave in evidence upon their oath to the Jury at the Aſſizes aforeſaid impanelled charged and ſworn to enquire of the good and ill, That the ſame Nicholas, the aforeſaid Mary in form aforeſaid, had killed and murdered, according to the form & effect of the Endictment aforeſaid, by them in form aforeſaid procured, which ſaid Jury more fully underſtanding the truth and the Conſpiracie aforeſaid, as is aforeſaid, afore had, then to wit at the Aſſizes aforeſaid, ſaid upon their oath, that he the ſaid Nicholas was not guilty of the Felony aforeſaid in manner and form as the ſame Nicholas was endicted, and he the ſame Nicholas then before the Juſtices aforeſaid at the Gaol delivery aforeſaid, according to the Law and cuſtom of this Rea • m of England was acquitted, By vertue of which ſaid Conſpiracie Endictment taking, giving in evidence, and detenſion in the Priſon aforeſaid, of him the ſaid Nicholas, by them the ſaid William Skippon, Iohn Green, William Waters and Iohn Hitch in form aforeſaid had and procured, the ſame Nicholas, not only in great ſcandall and infamy, as alſo in danger of his life, and alſo of the loſs of all his Goods and Chattels, Lands and Tenements, he was fallen and elapſed unto, But alſo divers great ſums of mony for the making of himſelf clear in that behalf, was conſtrained, and compelled to the Damage of him the ſaid Nicholas two hundred pound, &c.

Lincoln. Declaration in Conſpiracie brought by one who was Endicted together with others, &c. before the Juſtices of the Peace, and afterwards acquit by the Juſtices of Aſſizes. March 14. Hen. 6. Ro • . 6. ſſ. T. G. lately of R. in the County aforeſaid Gentleman, I. P. of S. in the County aforeſaid Husbandman, and A.B. of the ſame in the County aforeſaid Husbandman, were attached to anſwer A. P. lately of S. in the County aforeſaid Gentleman, Wherefore by Conſpiracie forehad between them the aforeſaid A. P. together with E. P. lately of S. in the County aforeſaid Gentleman, I. G. of the ſame, in the County aforeſaid Yeoman, T.C. of the ſame, in the ſame County Yeoman, T.S. of S. in the ſame County Husbandman, A. H. of S. in the County aforeſaid Husbandman, and G.P. of B. in the County aforeſaid Husbandman, for that he (ſuch a day and year) by force and Arms that is to ſay with Swords, Staves and Knives, and other • urtfu • l weapons, at S. aforeſaid in the County aforeſaid the Cloſe and Houſe of R. B. did break, and enter and one Cart load of Hay of the price of ſix ſhillings and eight pence, of the Goods and Chattels of him the ſaid R. B. then and there found, riotouſly took and carried away, againſt the Peace of our Lord the King aforeſaid, at C. aforeſaid, to be Indicted and him the ſaid A. upon that occaſion to be taken, and in the Pri • on of the Marſhalſee of our Lord the King in the Court of him the ſaid Lord the King, before him the ſaid King held, untill the ſame A. before Humphry Coningsbie Knight, and Iohn Carrill Juſtices of our Lord the King at the Aſſizes in the County aforeſaid aſſigned to be taken on Friday the Feaſt of St. Anne laſt paſt at the Caſtle of Lincoln in the County aforeſaid according to the Law and cuſtom of the Realm of our Lord the King of England, he was thereof acquitted, to be deteined falſly and maliciouſly at C. aforeſaid they did procure, to the great damage of him the ſaid A. and againſt the form of the proviſion in that caſe provided, And whereupon the ſame A. by VV. V. his Attorney complains, that the aforeſaid T.G. I.P. and R.B. by Conſpiracie forehad between them at C. aforeſaid, in the County of Lincoln aforeſaid, on Tueſday next, before (ſuch a Feaſt) (ſuch a year) aforeſaid, the aforeſaid A. together with E. P. lately of S. in the County aforeſaid Gent. (and the reſt as before) for that he the ſeventh day of October, in the tenth year of the Reign of our Lord the King aforeſaid, with force and arms, that is to ſay, Swords, Staves, and Knives, and other moſt hurtfull weapons, at S. aforeſaid, in the County aforeſaid, the Cloſe and Houſe of R. B. did break and Enter, And one Cart-load of Hay, to the value of ſix ſhillings and eight pence of the 〈◊〉 and chattells of him the ſaid R. B. then and there found, rio •••• he took and carried away, againſt the Peace of our ſaid Lord the •• ng, at C. aforeſaid, on Tueſday next before (ſuch a feaſt, ſuch a year aforeſaid) before W. Tirwhit, R. Terwhit and W. H. Knights, and their Companions, Juſtices of our Lord the King for the Peace, as alſo aſſigned to hear and determine of divers Felonies, Treſpaſſes, and other miſdemeanours in the parts of Lindſey, in the County aforeſaid committed, to be Indicted, and him the ſaid A. upon that occaſion on Wedneſday next after Fifteen dayes of Eaſter, in (ſuch a year) at VVeſtminſter, in the County of Middleſex, to be taken, and in the Priſon of the Marſhall of our Lord the King, in the Court of him the ſaid Lord the King, before him the ſaid King had, untill the ſame A. before H.C. and I.C. Juſtices of our Lord the King, at the Aſſizes in the ſaid County of Lincoln aſſigned to be taken on Friday the Feaſt of St. Anne laſt paſt at the Caſtle of Lincoln, in the County aforeſaid, according to the Law and Cuſtom of the Realm of our Lord the King of England, he was thereof acquitted, to be deteined falſly and maliciouſly, at C. aforeſaid, they procured againſt the form of the proviſion aforeſaid; Whereupon he ſaith, that he is damnified,One of the Defendants Iuſtifies as a Counſellour at Law, and the other as Witneſſes to teſtifie a Riot before the juſtices of the Peace, which is the ſame Conſpiracie, whereof, &c. and hath damage to the value of forty pounds, And thereupon he brings his Sute, &c.

And the aforeſaid T.G. I.P. and R. B. by I. L. their Attorney come and defend the force and injury, when, &c. And all Conſpiracie, &c. And ſay that the aforeſaid A. ought not to have his action againſt them, &c. becauſe by proteſtation, they ſay that the aforeſaid A. was never taken and deteined in Priſon of the Marſhalſee of our Lord the King before him the ſaid King, by reaſon of the Indictment aforeſaid, in manner and form as he above hath declared, yet for Plea they ſay, that long before the Conſpiracie aforeſaid ſuppoſed to be made, the aforeſaid E.P. I.G. T.C. T.S. and A.H. the aforeſaid ſeventh day of October, in the tenth year of our Lord the King that now is aforeſaid, by force and arms, that is to ſay, with Swords, Staves and Knives, at S. aforeſaid, in the aforeſaid County of Lincoln, the Cloſe and Houſe of the aforeſaid R. B. they did break and enter, and one Cart-load of Hay, to the value of ſix ſhillings eight pence of the goods and chattels of him the ſaid R. B. then and there found, they riotouſly took and carried away, And for that that the aforeſaid A. P. was there preſent at S. aforeſaid, at the ſaid time of the Riot and Treſpaſſe aforeſaid committed, And in like manner that the common voice and fame was, that the Riot and Treſpaſs aforeſaid was done and committed by the Command of the aforeſaid A. and the aforeſaid R. B. after the Riot and Treſpaſs aforeſaid committed, and before the Conſpiracie aforeſaid ſuppoſed to be made, came to the aforeſaid T. G. unto B. in the County aforeſaid, for that the ſame T. G. was learned in the Law of 〈◊〉 Land, And to him the ſaid T. G. reported the whole matter 〈◊〉 Riot and Treſpaſs aforeſaid, And prayed Counſell of him the 〈◊〉 T. what in that matter was fit to be done, And the foreſaid T. G. then and there demanded of the aforeſaid R. B. whether he had any teſtimony of the Riot and Treſpaſs aforeſaid, And the ſame R. R. ſaid, that the aforeſaid I. P. was preſent at the ſame time of the Riot and Treſpaſs aforeſaid committed, and knows to teſtifie all the premiſſes ſaid by the ſaid R. B. to be true, By reaſon whereof they the ſame T. G. I. P. and R. B. had ſuſpition that the aforeſaid A. was guiltie of the Riot and Treſpaſs aforeſaid, Upon which the ſame T.G. I.P. and R. B. after and before the time of the Conſpiracie aforeſaid ſuppoſed to be made, at C. aforeſaid, in the County aforeſaid had conference together of the Riot and Treſpaſs aforeſaid, in form aforeſaid committed, and what was further more fit to be done, for the puniſhment and reformation of the aforeſaid Riot and Treſpaſs, Upon which the aforeſaid T. G. then and there Counſelled the aforeſaid R. B. and I. P. that they ſhould be at C. aforeſaid, in the County aforeſaid, at the next Generall Seſſions of the Peace, there to be held, to ſhew the Juſtices of the Peace of our Lord the King, of the Riot and Treſpaſs aforeſaid, to that intention, that the ſame Juſtices at the ſame Seſſions of the Peace may be able to make Enquirie of the ſame Riot and Treſpaſs amongſt other things, By which they the ſame R. B. and I. P. on the ſaid Tueſday next before &c. at C. aforeſaid, before W. Tirwhit, R. Tirwhit, and W. H. Knights, and other Juſtices of our ſaid Lord the King of the Peace, as alſo aſſigned to hear and determine of divers Felonies, Treſpaſſes, and other miſdemeanors in the parts of Lindſey in the County aforeſaid committed, they came, and to the ſame Juſtices, then and there in full Court ſitting, they gave information of the Riot and Treſpaſs aforeſaid, And to them a certain Bill con • eining the Riot and Treſpaſs aforeſaid, by the aforeſaid A.E. I.G. T.E. T.S. &c. committed then and there, did exhibite and deliver, which ſaid Bill, the aforeſaid Juſtices of the Peace there to certain perſons of the ſame County, then and there to enquire of the Riot and Treſpaſs aforeſaid, amongſt other things there ſworn, they did deliver, thereupon to declare the truth of the premiſſes; And further, the ſame R. B. and I. P. ſay, that they before the aforeſaid Juſtices, at their Command were ſworn to declare true information and evidence to the aforeſaid Jurie, to the matter conteined in that Bill, By vertue whereof they the ſaid R. B. and J. P. to the ſame Jurie of the Riot and Treſpaſs aforeſaid gave Evidence, Which ſaid Conference of the aforeſaid T.G. R.B. and I.P. of the premiſſes, in form aforeſaid, and the exhibition of the aforeſaid. Bill to the aforeſaid Juſtices of the Peace, as alſo the information and declaration of the Evidence aforeſaid, to the aforeſaid Jury, in form aforeſaid, are the ſame Conſpiracie whereof the aforeſaid A. P. now complains of, And this, &c. whereupon he prayes Judgement, whether the aforeſaid A. ſhould have his action, &c.

And the aforeſaid A. ſayes, that he by any thing,The Plaintif replies, that they Conſpired of their proper injurie without any ſuch cauſe. &c. ought not to be debarred, &c. becauſe he ſaith, that they the ſaid T.G. R.B. and I. P. the aforeſaid time of the Conſpiracie aforeſaid made, of their proper injurie and malice, and without ſuch cauſe by them the ſaid T. G. R. B. and I. P. above by pleading alleged, him the ſaid A. together with the aforeſaid E. P. I. • . T.C. T.S. A.H. and E. P. of the Riot and Treſpaſs aforeſaid to be indicted, and him the ſaid A. upon the occaſion to be taken, and in Priſon aforeſaid to be deteined, falſly and maliciouſly they procured, in manner and form as the aforeſaid A. above againſt them complaineth; And this he prayeth may be Enquired of by the Countrey, And the aforeſaid T.G. R.B. and I. P. in like manner, &c. Therefore, &c.

N. L. lately of Trucleſton, in the County aforeſaid Knight,Declaration in a Writ of Conſpiracie upon the Statute of 8. Her. 6. where one of the Defendants approves upon the Diſtringas, and the other upon the attachment. Mich. 15. Hen. 7. Roll. 35. in mony for many defaults, &c. the ſame N. and R. A. lately of I. in the Pariſh of H. Yeoman, and I.S. lately of A. in the County aforeſaid, Yeoman, and I.H. lately of M. in the County aforeſaid Taylor, were attached to anſwer aſwell our Lord the King, as Y. M. lately called T. M. of Weſtminſter, in the County of Middleſex Spinſter, of a Plea, wherefore whereas in the Statute in the Parliament of our Lord Henry the ſixth; late King of England, at Weſtminſter, in the eighth year of his Reign hold, It is Ordeined and eſtabliſhed, that every of the Liege people of our Lord the King, of treaſon, felony, or Treſpaſs, by any Indictment, or appeal, before Juſtices of the Peace, or any other having power to take the ſame Indictments or Appeals, or any Commiſſioners or Juſtices in any County, Libertie, or Franchiſe of England, to be taken, Indicted or appelled, dwelling in any County, other than where the ſame Indictment, or appeal was taken, and afterwards thereupon by Verdict ſhould be duly acquitted, ſhould have his Writ and Action upon the Caſe againſt every procurer of ſuch Indictment or appeal, And that there be ſuch Proceſs in and upon the ſame Writ, as of Treſpaſs by force & arms made, And if ſuch Procurer ſhall be convict in that behalf, the Plaintif ſhall recover his Damages to the treble, Provided alwayes that the ſaid Ordinance extends not it ſelf to an Indictment or Appeal taken, or to be taken in the County of Cheſter, as in the aforeſaid Statute more fully is conteined;The Indictment for breaking a Houſe and Cheſt, and taking away of goods. Yet the aforeſaid N. R. I. and R. at Wincheſter, falſly and maliciouſly have procured the aforeſaid T. (for that he and T. L. lately of I. in the County aforeſaid Labourer, and (others) ſuch a day and year by force and arms, that is to ſay, with Swords, Staves, Bowes and Arrows, the Houſe and Cheſt of R. A. at I. aforeſaid, they did break and enter, and three Girdles Embroidered with Silk and Gold, to the value of 40. ſhillings, of the goods and chattels of the aforeſaid R. A. then and there found, feloniouſly they took and carried away, againſt the peace of our ſaid Lord the King) before W. F. and I. H. and their Companions Juſtices of our ſaid Lord the King of the peace, as alſo aſſigned to hear and determine of divers Felonies, Treſpaſſes, and other Miſdemeanors in the aforeſaid Countie of Southampton, to be indicted, although the ſame T. at the time of the taking of the Indictment aforeſaid at Weſtminſter, in the County of Middleſex, dwelled, and as yet dwells, by which procurement the ſame T. ſo indicted, by divers labours and Expences (untill before the beloved and faithfull of our Lord the King, T. Wood, and I. Reed, Juſtices of our Lord the King, at the Aſſizes in the aforeſaid County of Southampton aſſigned to be taken, by the form of the Statute thereupon lately publiſhed, and provided, by Vertue of the Writ of our Lord the King of Niſi prius, at Winton taken thereupon, according to the Law and Cuſtom of the Realm of our Lord the King of England, was duly acquitted) was grievouſly troubled and vexed in the Contempt of our ſaid Lord the King that now is, and his the ſaid T. great damage, and againſt the form of Statute aforeſaid, &c. And whereupon the ſame T. who aſwell, &c. by W. F. her Attorney complains, that the aforeſaid N. R. I. and I. the twelfth day of September, (ſuch a year) at Winton, falſly and maliciouſly procured the aforeſaid T. for that ſhe and T. L. lately of H. in the County aforeſaid Labourer, and others the twenty ſixth day of Auguſt, in the ſecond year of the Reign of our Lord the King that now is, with force and arms, that is to ſay, with Swords, &c. the Houſe and Cheſt of R. A. at I. aforeſaid, they did break and Enter, and three Girdles embroydered with Silk and Gold, to the value of forty ſhillings of the goods and chattells of the aforeſaid R. A. then and there found, feloniouſly they took and carried away, againſt the Peace of our ſaid Lord the King (before W. F. and I. H. and their Companions then Juſtices of our ſaid Lord the King of the Peace, as alſo aſſigned to hear, and determine of divers Felonies, Treſpaſſes, and other miſdemeanours in the aforeſaid County of Southampton, (ſuch a day and year) at W. in the County of S. aforeſaid) to be Endicted, although the ſame T. at the time of the taking of the Indictment aforeſaid, at Weſtminſter, in the County of M. dwelt, and as yet dwells; By which procurement the ſame T. ſo indicted by divers labours and Expences (untill before the faithfull and beloved, &c. T.W. and R. R. Juſtices of, &c. in the aforeſaid County of S. aſſigned to be taken, by the form of the Statute, &c. by vertue of the Writ of our Lord the King of Niſi prius on Monday next after the Teaſt. &c. (ſuch a year at Winton, taken according to the Law, &c. then there was duly acquitted, &c. was grievouſly troubled and vexed in the Contempt of our Lord the King that now is, and his the ſaid T. great damages, And againſt the form of the, &c. Whereupon he ſaies that he is worſted, and hath damage to the value of 100. pounds, And thereupon aſwell, &c. he brings his Sute, &c.

Southampton ſſ. N. L. lately of, &c. Knight, I. H. lately of,The ſame by the man, and the wife for Felonie ſuppoſed to be done by the wife, where ſhe was indicted before the Juſtices of the Peace, and acquitted by the Juſtices of Aſſize by a Writ of Niſi prius. &c. Taylor, and I. W. lately of, &c. Yeoman, were attached to anſwer T. M. and T. his Wife, lately called T. M. at Weſtminſter, in the County of Middleſex Spinſter, together with I. Waterman, lately of T. in the County aforeſaid Teoman, of a Plea, wherefore by Conſpiracie at Wincheſter between them forehad, the foreſaid T. (for that ſhe and T. L. lately of T. in the County aforeſaid Labourer, and others (ſuch a day and year with force and arms, that is to ſay, with Swords, Staves, and Knives, the Houſe and Cheſt of H. at T. they broke and Entred, and three Girdles Embroydered with Silk and Gold, to the value of forty Shillings, and two Table clothes, to the value of twenty ſhillings, of the goods and chattells of the ſaid H. then and there found, feloniouſly they took and carried away, againſt the Peace of our Lord the King) to be indicted, and her the ſaid T. upon that occaſion to be taken, and in the Priſon of the Gaol of our Lord the King of Wincheſter, untill the ſame T. in the Court of our Lord the King, before the beloved and faithfull of him the ſaid Lord the King, T. W. and R. R. Juſtices of the Aſſizes of him the ſaid Lord the King, in the County aforeſaid aſſigned to be taken, by the form of the Statute thereupon publiſhed, and provided, by vertue of the Writ of our Lord the King, of Niſi prius at Wincheſter, according to the Law and Cuſtom of the Realm of our Lord the King of England, ſhe was thereof acquitted) to be detained falſly and maliciouſly they procured, to the great damage of them the ſaid T. M. and T. And againſt the form of the Ordinance in that caſe provided, &c. And whereupon the ſame T. M. and T. by VV. F. their Attorney complain, that the aforeſaid N.I.H. and I.VV. of I. &c. together with, &c. by Conſpiracie between them forehad (ſuch a day year and place) the aforeſaid T. for that ſhe and T. L. lately of, &c. and others (ſuch a day and year) by force and arms, &c. (as before) againſt the peace, &c. before VV.F. and I. H. and their Companions Iuſtices of our ſaid Lord the King of the peace, as alſo aſſigned to hear and determine of divers Felonies, Treſpaſſes and other Miſdemeanours in the ſame County of S. on Monday next after (ſuch a Feaſt ſuch a year) at Wincheſter in the aforeſaid County of S. to be Indicted, and her upon that occaſion (ſuch a day year and place) to be taken, and in the Priſon of our Lord the King, of his Gaol of Wincheſter, Untill the ſame T. in the Court of our Lord the King, before the beloved and faithfull of our ſaid Lord the King, T.VV. and R. R. Juſtices of the Aſſizes of our ſaid Lord the King aſſigned to be taken in the County of S. by the form of the Statute thereupon publiſhed, and provided, by vertue of the Writ of our Lord the King of Niſi prius on Monday next after (ſuch a Feaſt ſuch a year) at Wincheſter, taken according to the Law and cuſtom of the Realm of our Lord the King of England, thereupon he was there acquitted) to be deteined, falſly and maliciouſly they procured to the great damage of them the ſaid T. M. and T. and againſt the form of the Ordinance in that caſe provided, &c. Whereupon they ſay, that they are worſted, and have damage to the value of 100. l. And thereupon they bring their ſute, &c.

One of the Defendants pleads not guilty, and the other that at the time of the originall iſſuings, &c. he was inhabiting at Thrukleſton, and not at Truckleſton, and ſo not the ſame perſon.And the aforeſaid N. L. I. H. and I.VV. lately of I. &c. by A.G. their Attorney come and defend the force and injury, when, &c. And the aforeſaid I. VV. and I. H. lately of I. ſay, that they are in nothing guilty, &c. And upon this they puts themſelves upon the Country, &c. And the aforeſaid T. M. and D. in like manner, &c. And the aforeſaid N. L. ſayes, that he the day of the iſſuing forth of the originall Writ of the aforeſaid T. M. and T. was dwelling and converſant at Thruckleſton in the County of S. without that, that the ſame N. ever was dwelling o • converſant at Traxſton as by the aforeſaid Writ it is ſuppoſed and this he is ready to aver, whereupon he prayes judgement of the Writ, &c.

And the aforeſaid T. M. and T. ſay, that they by any thing by the aforeſaid N. L. prealleged, their Writ aforeſaid ought not to be quaſhed, becauſe as to the Plea of the aforeſaid N. L. in quaſhing of the Writ aforeſaid above pleaded, The ſame T.M. and T. ſay, that the aforeſaid Village of T. the ſaid day of the obteining the originall Writ of them the ſaid T. M. and T. to Wit the 6. day of January, in the 9. year of the Reign of the King that now i • , was known and called, aſwell by the name of the Vi • lage of Truxſton, as by the Writ aforeſaid is ſuppoſed, as by the name of the Village of Truckleſton, and this they pray may be enquired of by the Country, and the aforeſaid N. in like manner, Therefore the Jury thereupon is to come before our Lord the King, from the day of St. Michael in fifteen dayes whereſoever, of the Viſonage of T. by whom, &c. And who neither, &c. to Recognize, &c. Becauſe aſwell, &c. The ſame day is given to the parties aforeſaid now appearing, &c.

ANd the aforeſaid I. P. and W. by R. R. their Attorney come and defend the force and injury, when,Juſtification in Conſpiracy, for that the Defendant was one of the Jury with other Jurors, before the Juſtices of the Peace at the Seſſions. &c. And all Conſpiracie and whatſoever, &c. And the aforeſaid I. ſayes, that he is not guilty, &c. And of this he puts himſelf upon the Country, and the aforeſaid W. by Proteſtation acknowledging not any ſuch Conſpiracie as is above ſuppoſed, But that the aforeſaid R. ought not to have his action aforeſaid againſt him, becauſe he ſayes, that at the time wherein the aforeſaid R. ſuppoſeth himſelf in form aforeſaid to be Indicted, he then together with other Iurors, by the Sheriff of the County aforeſaid, was impanelled and ſummoned to appear before the aforeſaid, late Iuſtices of the Peace at Norwich, to doe there before the ſame Iuſtices of the Peace, that which by the ſame Iuſtices, on the behalf of our Lord the King ſhould be enjoyned them, by reaſon whereof, he with other Iurors then and there, before the ſame Iuſtices of the peace appeared, and by the ſame Iuſtices of the Peace upon the book were ſworn, and changed by their oath to enquire, for the King, of all Felonies, Treſpaſſes and other articles in the Commiſſion of our ſaid late Lord the King. Father of our Lord the King that now is, to the aforeſaid Iuſtices of the Peace directed, conteined within the County aforeſaid, done or committed, and he together with other Iurors before the aforeſaid late Iuſtices of the Peace, upon the book then ſworn, and charged, him the ſaid R. according to their conſcience by form, of Law, of the Felonie in the Writ and Declaration above ſpecified did Indict, Which all and ſingular he is ready to aver. Whereupon he expects not that the aforeſaid R. ought not his action aforeſaid, for any Conſpiracie in that Caſe to maintain againſt him, &c. And prayed judgement, &c.

And the aforeſaid R. ſayes, that he from his action of Conſpiracie aforeſaid, againſt the aforeſaid W. by any thing by him the ſaid W. prealleged ought not to be debarred, Becauſe he ſaith, that he the day and year, &c. in the Declaration above ſpecified together with the aforeſaid I. Conſpired to Indict him the ſaid R. of the Felony aforeſaid,Traverſe: in the form wherein he above by his Writ and Declaration ſuppoſeth, Without that, that there is had any ſuch Record in which it is contained, that he before the aforeſaid Juſtices of the Peace, together with other Jurors was ſworn, on him the ſaid R. of the Felony aforeſaid, in form aforeſaid, as he above by pleading hath alleged, and this he is ready to aver, and for that he gain ſaith it not, &c. he prays judgment, &c.

And the aforeſaid W. by Rejoinder ſaith, that there is had ſuch a Record in which is contained, that he before (ſuch and ſuch) late Juſtices of the Peace, together with other Jurors was ſworn, and that they the aforeſaid R. of the Felonies aforeſaid in form aforeſaid Indicted, as he above by pleading hath alleged, and this he avows in the Records in the Rolls of them the ſaid late Iuſtices of the Peace, under the cuſtodie of the Iuſtices of the Peace of our Lord the King that now is in the County aforeſaid reſerved, &c. And the aforeſaid R. in like manner, &c. Therefore as to that above of the iſſue pleaded, above to be tryed, Command is given to the Sheriff, that he cauſe to come before our Lord the King in eight dayes, of St. Michael whereſoever, &c. 24. &c. of the viſonage of H. by whom, &c. And who neither, &c. To Recognize, &c. Becauſe aſwell, &c. The ſame day is given to the parties aforeſaid, &c. And as to this that the aforeſaid W. allegeth, that there is had ſuch a Record, in which is contained, that he together with other, &c. were ſworn, &c. And calls that to be upon Record in the Rols of the aforeſaid late Iuſtices of the Peace, under the cuſtody of the Iuſtices of the Peace of our Lord the King that now is in the County aforeſaid reſiding, It is ſaid by the Court here, that the ſame W. have that Record at his Perill before our Lord the King at the aforeſaid dayes of St. Michael, if it ſhall ſeem expedient unto him, and upon this the ſame W. prayes a Writ of certiorare, &c. And it is granted unto him. By which command is to the ſame Juſtices of our Lord the King that now is that having ſearched the Rols and other their Remembrances in their cuſtodie being of Record, and what thereupon of the premiſes they ſhall find in them, to our Lord the King at the aforeſaid eight dayes of St. Michael, they ſend, the ſame day is given to the parties aforeſaid, &c. At which day before our Lord the King at Weſtminſter, came the parties aforeſaid by their Attorneys aforeſaid, and the aforeſaid Thomas Dorham lately Iuſtice of the Peace of the aforeſaid late King and Iuſtice of the peace of our ſaid Lord the King that now is to whom the Writ of our Lord the King that now is was directed, to certifie, &c. To him the ſaid Lord the King hath certified as followeth, In the Inquiſition, &c. And as to that, that it was commanded the Sheriff, that he ſhould cauſe to come between the ſaid R. and I. 24. &c. to make the Iury aforeſaid, And the Sheriff returns the names of the 24. whereof none, &c. Therefore command is given to the Sheriff that he deſtrein them, &c. that they be before our Lord the King in eight dayes of St. Hilary, whereſoever, &c. to make the Iury aforeſaid, the ſame day, &c. that is to ſay aſwell to the aforeſaid I. thereupon as to the ſaid W. in the ſtate they are now in of hearing, the aforeſaid certifying, becauſe the Court is not adviſed, &c. A Declaration in the nature of Conſpiracy, for couſening one to be falſly Indicted, for a common Barenton. Trin. 1. Jacobi Regis Rot. 869.

LOndon ſſ. William Berkwith complains of R. P. L. G. and E. M. in the cuſtody of the Marſhall, &c. for that whereas the ſame W. was a good, true and lawfull, &c. And of a good name, ſame and reputation, &c. and without any crime of Baretory, ſeditiouſneſs, or cauſer of any Murder, Manſlaughter, or diſturber of the peace of our Lord the King, untouched, unaccuſuſed and unſpotted hath hitherto remained, By reaſon whereof, &c. yet the aforeſaid Defendants not ignorant of the premiſes, plotting, &c. (ſuch a day and year) at London in the Pariſh of St. Laurence in the old Iury London, in the Ward of Cheap London, before R. Salstonſtall then Maior of the City aforeſaid, W. VVeb and I. Spencer Knights, Iuſtices of our Lady the Queen for the keeping of the peace in the Citie aforeſaid, and the Suburbs of the ſame, as alſo aſſigned to hear and determine of divers Felonies, Treſpaſſes, and other Miſdemeanours within the ſame City and the Suburbs thereof made and committed, falſly and maliciouſly they cauſed and procured to be Indicted, for that he the aforeſaid Plaintiff (ſuch a day and year aforeſaid) having not God before his eyes, but moved, and ſeduced by a diabolicall inſtigation at London, that is to ſay in the Pariſh of St. Sepulchers without Newgate, in the Ward of Farington without, in the Suburbs of the City of London aforeſaid, and divers other dayes and ſeaſons, aſwell before as after that time within D. aforeſaid, was and yet is a very evill perſon of diſhoneſt name, fame and converſation, a common Baretor, and a great diſturber of the Peace of our Lady the Queen, ſo that he is very like to make and cauſe murder, manſlaughter, ſtrifes, diſcords, and other great grievances, between the true and faithfull ſubjects of our Lady the Queen that now is, to the great damage and hurt of the good and faithfull ſubjects of our ſaid Lady the Queen, and to the moſt pernicious example and evill encouragement of all other Malefactors in the like kind and againſt the peace of our ſaid Lady the Queen, her Crown and dignities, as alſo againſt the form of the Statute in the like caſe publiſhed and provided, Upon which afterwards command was to the Sheriffs of London, by the Writ of our Lady the Queen, that they ſhould cauſe the aforeſaid W. to come before the Juſtices of our Lady the Queen at the Gaol delivery of Newgate, held for the City of London, at the Juſtice Hall in the Old Baly in the Pariſh of St. Sepulchers in the Suburbs of the City aforeſaid, on Wedneſday the 15. day of February in the 40. l. year aforeſaid, before R. Salſtonſtall Maior of the City aforeſaid, John Popham Knight, chief Juſtice of the Pleas, &c. E. Anderſon Knight, chief Juſtice of the Common Bench, Francis Darcy Knight, R. Martyn Knight, I. Hart Knight, W. Web Knight, John Croke Recorder of the City aforeſaid, S. Somes and N. Moſeley Aldermen of the City aforeſaid, M. Dale and I. Dalton Eſquires, Juſtices of the Lady the Queen, aſſigned for her Gaol delivery of Newgate aforeſaid, of the Priſoners therein being, the aforeſaid Plaintiff under the Cuſtodie of H. Rowe and I. Moore Aldermen, and Sheriffs of the City aforeſaid at the Bar then and there brought in proper perſon before the aforeſaid Iuſtices, and then and there had to hear the Indictement aforeſaid, ſaid, that he of the Treſpaſs and contempt in the Indictement aforeſaid above ſpecified, was in nothing thereof guilty, as in the Indictement aforeſaid was ſuppoſed, and of that he then put himſelf upon the Country, and the aforeſaid Queen in like manner, &c. Therefore it was commanded the aforeſaid Sheriff of the City aforeſaid, that they cauſe to come before the Iuſtices aforeſaid thereupon a Iury there immediatly, and who neither, &c. To Recognize, &c. Becauſe aſwell, &c. And the Iurors of that Iurie by the aforeſaid Sheriffs of the City aforeſaid to that impanelled and called in like manner, then and there came, to wit I. L. T. R. &c. (and ſo recite the Iury) who to ſpeak to the truth of the premiſes in the Indictment aforeſaid ſpecified, being choſen, tryed and ſworn, ſaid upon their oaths, that the aforeſaid Plaintiff was not guilty of the Treſpaſs and contempt aforeſaid, in the Indictement aforeſaid ſpecified as by the ſame teſtimony was ſuppoſed. Therefore it was then conſidered by the Juſtices aforeſaid that the aforeſaid Plaintiff ſhould goe quit without day, &c. By reaſon of which ſaid premiſes, the aforeſaid Plaintiff hath been enforced, and compelled to expend and lay out great ſums of mony, and been at very great trouble and loſs about the cleering of himſelf, and the reſtitution of his good name fame and reputation, and the evacuating and making voyd of the aforeſaid Indictment, To the damage of him the ſaid Plaintiff of 100. l. And thereupon he brings his Sute, &c. Not guilty pleaded to this;

T. Farrer Attorney for the Plaintiff I. Wem Attorney for the Defendant.

ACTIONS OF CONTINUANCE. CONTINUANCES.

AFterwards the Proceſſe being thereupon continued between the parties aforeſaid,Continuance of a Decem tales upon the Roll. of the aforeſaid Plea put here between them in reſpite before the Lord the King at VVeſtminſter, untill Tueſday next after fifteen dayes, from the day of Eaſter from thence next following, for default of Jurors, &c. At which day before our Lord the King, at Weſtminſter, came the parties aforeſaid, by their Attorneys aforeſaid, And the Jurors of that Jury being called, ſome of them came, and ſome of them came not; And becauſe the reſidue of the Jurors of the aforeſaid Jury appeared not, Therefore the Jury aforeſaid is further put in reſpite before our Lord the King, at Weſtminſter, untill Friday next after the morrow of the holy Trinitie, for want of Jurors, &c. Therefore the Sheriff is to have their bodies, &c. And he is to put ten others, &c. The ſame day is given to the parties aforeſaid there, &c. At which day before our Lord the King, at Weſtminſter, came the parties aforeſaid, by their Attorneys aforeſaid, And the Sheriff retorns the names of the ten others of which now, &c. And as to the further Execution if the Writ aforeſaid, the Sheriff retorns, that the Writ aforeſaid was ſo lately delivered unto him, that for the ſhortneſſe of time he could not make any further Execution: Therefore the Jury is further put in reſpite before our Lord the King, at Weſtminſter, untill Friday next after fifteen dayes of St. Michael, for want of Jurors, &c. Therefore the Sheriff is to have the bodies, &c. The ſame day is given to the parties aforeſaid here, &c. At which day before our Lord the King at Weſtminſter, came the parties aforeſaid, by their Attorneys aforeſaid, and the Jurors of that Jury ſome of them came, and ſome of them came not, Therefore the Jury aforeſaid is further put in reſpite before our Lord the King at Weſtminſter, untill Thurſday next after, from the day of St. Michael in three weeks for want of Jurors, &c. Therefore the Sheriff is to have their bodies, &c. The ſame day is given to the parties aforeſaid, &c. At which day before,Continuance upon a Summons ad Auxiliand. &c. came the parties aforeſaid by their Attorneys aforeſaid, And the Sheriff ſent not thereupon the Writ, Therefore it is commanded him as otherwiſe, that he Summon by good Summoners, the aforeſaid, W. that he be before, &c. (ſuch a day) whereſoever, &c. to joyn himſelf in aid to the foreſaid L. to expect and maintain that iſſue with the aforeſaid L. if, &c. And further, &c. And as to the trying of thoſe iſſues above joyned, The Jury is thereupon to come before our Lord the King at the ſame Term, whereſoever, &c. And who neither, &c. to Recognize, &c.

Continuance of a Demurrer in Law, and an Iſſue.AT which day here came the parties aforeſaid, &c. And becauſe the Juſtices will adviſe themſelves of, and in the aforeſaid Plea, whereupon the parties aforeſaid have above demurred in Law, before they thereupon render Judgement, Therefore day is given to the parties aforeſaid here until eight daies of St. Hillary of hearing thereupon this judgement, Becauſe the Juſtices here have not as yet, &c. And as to the trying of the iſſue aforeſaid between the ſame parties by the Countrey to be tried above joyned, The Sheriff hath not ſent the Writ, Therefore as formerly, Command is to the Sheriff, that he cauſe to come at the ſame Term, twelve, &c. To Recognize in form aforeſaid, &c.

Continuance of Scire facias in a Writ of Error.AT which day before our Lord he King at Weſtminſter, came the aforeſaid Plaintif in a Writ of Errour, in his proper perſon, And the Sheriff ſent not the Writ, thereupon, &c. Therefore as otherwiſe it is Commanded the Sheriff, that by honeſt men, &c. he make known to the aforeſaid Defendant, that he be before our Lord the King (ſuch a day) whereſoever, &c. To hear the Record and Proceſſe aforeſaid, And further, &c. The ſame day is given to the aforeſaid Plaintif, by the aforeſaid Manuceptors, &c.

Continuance of a Judgement after Verdict.AT which day before our Lord the King at Weſtminſter, came the parties aforeſaid, by their Attorneys aforeſaid, And becauſe the Court of our Lord the King here of their judgement to be rendred, of and upon the Premiſſes, are not as yet adviſed, Therefore day is given to him the ſaid Plaintif in the ſame ſtate, &c. is now in before our Lord the King untill (ſuch a day) whereſoever, &c. of hearing thereupon their judgement, &c.

AT which day before our Lord the King at Weſtminſter, Continuance of an Exigent. came the aforeſaid Plaintif by his Attorney aforeſaid, And the aforeſaid Defendant came not, nor the Sheriff thereupon ſent the Writ, Therefore Command is to the Sheriff, that if now he cauſe him to be called from County to County, untill he ſhall be Outlawed, if not, &c. And if, &c. then he ſhall take him, and ſafely keep him, ſo that he may have his body before our Lord the King (ſuch a day) whereſoever, &c.

AT which day before our Lord the King at Weſtminſter, Continuance of a Diſtringas in Attaint. came aſwell the parties aforeſaid, by their Attorneys aforeſaid, as the aforeſaid three Jurors of the firſt inquiſition formerly appearing in their proper perſons, And the Sheriff hath not ſent the Writ, Therefore the Jury of the tweny four Knights aforeſaid, remains to be taken before our Lord the King, on the Morrow, &c. whereſoever, &c. for default of Jurors of the ſame Jury of 24. Knights, &c. And Command is to the Sheriff, that he diſtrein the Jurors of the ſame Jury of 24. Knights, by all their lands, &c. And that of the iſſues, &c. So that he may have their bodyes before our Lord the King at the ſame Term; The ſame day is given aſwell to the parties aforeſaid, as to the aforeſaid three Jurors of the firſt inquiſition aforeſaid, now appearing, &c.

THe Jury between C. S. by his Attorney Plaintif,Continuance • of a Jurata for want of Juror, and a Decem Tales awarded. and E. R. of a Plea of Debt put in reſpite before our Lord the King at Weſtminſter, untill (ſuch day) &c. unleſs, &c. firſt, &c. at (ſuch a place) &c. by the form of the Statute, &c. Come for default of Jurors; At which day before our Lord the King at Weſtminſter came the parties aforeſaid, by their Attorney aforeſaid, And the aforeſaid Juſtices, before whom, &c. have ſent here the Record of the Jury aforeſaid, before them had, in theſe words; Afterwards at the day and place aforeſaid, (reciting the Record untill) came as well the within named, &c. as the within written; &c. And the Jury likewiſe called, ſome of them came, and ſome of them came not, as appears in the Panell, &c. Therefore as formerly the Jury aforeſaid is put in reſpite before our Lord the King, &c. untill, &c. Therefore the Sheriff, &c. is to put ten ſuch, &c. The ſame day is given to the parties aforeſaid, here, &c:

AT which day before our Lord the King at Weſtminſter, Continuance upon a matter in Law and Verdict. came the parties aforeſaid, by their Attorneys aforeſaid, And becauſe the Court of our Lord the King here aſwell of their judgement upon the Verdict aforeſaid, as of their judgement of the matter in Law above pleaded to be rendred, are not as yet adviſed; Day is thereupon further given to the ſaid parties in the ſtate wherein they are now, before the Lord the King, at Weſtminſter, untill eight dayes of St. Hillary, whereſoever, &c. of hearing thereupon their judgement, &c. for that the Court of our Lord the King here is not as yet, &c.

Continuance in Attaine where the Sheriff Reto •• s not the Writ, and out of the aſſent of the parties the Jury is not taken.AT which day before our Lord the King, at Weſtminſter, came as well the parties aforeſaid, by their Attorneys aforeſaid, as the aforeſaid ſeven Jurors of the firſt Inquiſition aforeſaid, formerly appearing in proper perſon, And the Sheriff Retorns the Writ to our Lord the King thereupon, in all things prepared and executed. But the Jurors of thoſe twenty four Knights, aſwell of the aſſent of the parties aforeſaid, and the aforeſaid ſeven Jurors of the former Inquiſition aforeſaid, as of the Jurors aforeſaid of the twenty four Knights remains to be taken before our Lord the King, untill the Morrow, &c. whereſoever, &c. And Command is to the Sheriff, that he diſtrein the Jurors of the ſame Jury of twenty four Knights by all their lands, &c. And that of the Iſſues, &c. And that he have their bodies, &c. before our Lord the King at the ſame Term, &c. the ſame day is given aſwell to the parties aforeſaid, as to the aforeſaid ſeven Jurors of the firſt Inquiſition aforeſaid, now appearing, &c.

Continuance by a Writ of adjournment.BEfore which day the Plaint aforeſaid was adjourned by the Writ of our Lord the King of Common adjournment, untill eight dayes of St. Hillary then next following, whereſoever, &c. At which ſaid eight dayes of St. Hillary, the Plaint aforeſaid was further adjourned by the Writ of our Lord the King, of Common adjournment, untill from the day of Eaſter in fifteen dayes unto the Caſtle of Hertford, At which day, &c.

Continuance of the Jurata, where the Plaintif acknowledgeth one of the Defendants to be dead.AT which day came aſwell the aforeſaid P. as the aforeſaid R. by their Attorneys aforeſaid, And the aforeſaid P. ſayes, that the aforeſaid A. is dead, &c. Therefore againſt him nothing is further thereupon to be done, &c. And thereupon the parties aforeſaid now appearing, The Sheriff thereupon ſent not the Writ, &c. Therefore as formerly the Jury aforeſaid is put in reſpite before our Lord the King, untill in eight daies, &c. whereſoever, &c. for default of Jurors, &c. Therefore the Sheriff is to have their bodies, &c. The ſame day is given to the parties aforeſaid now appearing, &c.

Continuance of a Jurata by the aſſent of the parties.THe Jury between I. S. Eſquire Plaintif, and T. W. of, &c. of a Plea of Treſpaſs put in reſpite here untill (ſuch a day, &c.) aſwell of the aſſent of the parties aforeſaid, as of the Iurors of the ſame Iury now here at this day, to wit, from the day of Eaſter, &c. appearing, Therefore the Sheriff is to have their bodies, &c.

THe Iury between T. W. Gent. by his Attorney, Plaintif, Jurata which ſerves either for debt, treſpaſs, or Ejectione firme. And G.D. of &c. (of ſuch a Plea) put in reſpite before our Lord the King at Weſtminſter, untill Tueſday next after Eight dayes of Saint Michael, unleſſe the Iuſtices of the Aſſizes of our Lord the King, in the County aforeſaid, aſſigned to be taken firſt on Monday the eighth day of Auguſt, at Newark upon Trent, in the County aforeſaid, by the form of the Statute, &c. Come for default of Iurors, &c. Therefore the Sheriff is to have the bodies, &c. The ſame day is given to the parties aforeſaid, here, &c. And it is to be known, that the Writ of our Lord the King, thereupon the fourth day of July, in this ſelf-ſame Term, before our Lord the King at Weſtminſter is delivered of Record, to the Deputie of the Sheriff of the County aforeſaid in form of Law to be Executed under a penaltie, &c.

UNleſs the beloved and faithfull, &c. John Popham Knight,This difference in Guild-hall London, before the Chief Juſtice. Chief Iuſtice of our Lord the King, of the Pleas in the Court of him the ſaid Lord the King, before him the ſaid King aſſigned to be held firſt on Saturday next after, &c. at Gild-hall London, by form of the Statute, &c. as in the next before.

ACTIONS of COMMITTITVR. COMMITTITUR.

Committitur of a Priſoner to the Marſhall, being under the Cuſtodie of the Sheriff by a Caſe. AFterwards, to wit, the twenty fifth day of May then next following before our Lord the King at Weſtminſter came W. R. in his proper perſon under the Cuſtody of the Sheriff of the County aforeſaid, in Execution for the damages aforeſaid, by vertue of the Writ of our Lord the King, of Capias ad ſatisfaciendum to him the ſaid Sheriff, of, and upon the Premiſſes directed, which ſaid R. is committed to the Marſhall, &c. there to remain, untill, &c. according to the form of the judgement aforeſaid, &c.

Committitur of a Priſoner upon a Caſe.COmmand was to the Sheriff, that he ſhould take, &c. Whereof he is Convict, And now here know aſwell the aforeſaid A. by his Attorney aforeſaid, as the aforeſaid Defendant in his proper perſon, by the Sheriff of the County aforeſaid, brought to the Bar, And the Sheriff now retorns, that he took the bodies of him the ſaid Defendant, And that he had him now here ready, upon which the ſame Defendant is Committed to the Priſon, &c. by occaſion of the Premiſſes to ſtay untill, &c.

Commitment after Iudgement.AFterwards, to wit (ſuch a day) then next following, before, &c. Came the aforeſaid I. in his proper perſon, and rendred himſelf to the perſon of the Marſhall of the Marſhallſee of our Lord the King, for the debt and damages aforeſaid, Upon which the ſame I. is committed to the Marſhall of the Marſhalſee, &c. in Execution for the debt and damages aforeſaid, There to remain untill, &c.

ACTIONS OF ERROR. ERROR.

AFterwards, to wit, (ſuch a day, &c. Error alleged in aſſault and batterie in the judgement, that the Entrie was that the partie be taken, when the cauſe of action was before a general Pardon.) in this ſelf-ſame Term before our Lady the Queen at Weſtminſter, came the aforeſaid Nicholas Stoddard by William Man his Attorney, And ſayes, that in the Record and Proceſſe aforeſaid, as alſo in the rendring of the judgement aforeſaid, it is manifeſtly Erroneous in this, That whereas in every judgement Entred, or to be Entred in Treſpaſs and Aſſault, after the generall pardon of our Lady the Queen that now is, by Act of Parliament, of Treſpaſs and aſſault made before the ſame act of Parliament, the judgements ſo Entred, and to be Entred, ought to be Entred, And nothing of fine of the aforeſaid Defendant, becauſe he is pardoned, and not that he ſhould be taken, yet after the generall Pardon of our Lady the Queen that now is, had, and Enacted in the Parliament of our Lady the Queen that now is at Weſtminſter, in the County of Middleſex, the twenty fifth day of October, in the thirty ninth year of the Reign of our Lady the Queen that now is, the Judgement aforeſaid was Entred againſt the aforeſaid Nicholas, in the Plea aforeſaid, that he the ſaid Nicholas ſhould be taken for the Treſpaſs and Aſſault aforeſaid, made the aforeſaid tenth day of September, in the thirty ſeventh year aforeſaid, in the Record aforeſaid ſpecified, which was long before the aforeſaid act of Parliament, of the generall Pardon aforeſaid, And ſo that Judgement is void in Law.

Alſo it is Erronious in this, for that whereas the aforeſaid John S. the aforeſaid Term of Eaſter,Error alſo for want of admiſſion by Proc •• in amy, the partie being within age. in the aforeſaid forty firſt year of the Reign of the Queen, had proſecuted by John Mallows and William Evoring, as the next kinſmen of him the ſaid John, yet there is not had any Record of the admiſſion of the aforeſaid I. S. being an Infant, in form aforeſaid, to proſecute the Plea aforeſaid, by his next kinſmen aforeſaid, under the names of any of the Prothonotaries of the Common Bench Entred, as by the Law and Cuſtom of the Court of our Lady the Queen, of Common Bench aforeſaid, it ought to be Entred, And prayes a Writ of our Lady the Queen, to the aforeſaid Edmond Anderſon Knight, Chief Juſtice of our Lady the Queen of the Common, to whom it belongs to make Certificates in that behalf, to certifie our Lady the Queen thereupon more fully the truth, And it is granted unto him, &c. By which it is Commanded the aforeſaid E. Anderſon, Chief Juſtice of the Bench aforeſaid, That having ſearched the Rolls, Certiorare to the Chief Juſtice awarded to certifie, &c. under the names in the Offices of the Prothonotaries aforeſaid of the admiſſion of Infants to proſecute by their next kinſmen of the Term and year aforeſaid; And what of the admiſſion aforeſaid in the ſame, he ſhall find, he ſhould certifie forthwith to our Lady the Queen, whereſoever, &c. together with the Writ to him directed,The Certificate of the Chief Juſtice. &c. Which ſaid Chief Iuſtice of our Lady the Queen, of the Bench aforeſaid, by vertue of the Writ aforeſaid to him thereupon directed, certified to her the ſaid Lady the Queen, that having ſearched the Rolls of the Entries of every of the Prothonotaries aforeſaid, in the aforeſaid County of Suffolk, of the Term and year aforeſaid in his Cuſtody of Record remaining, he found not in the ſame any Entrie of the admiſſion of the aforeſaid I. S. to proſecute by I. M. and W. E. the next kinſmen of him the ſaid I. being within age, againſt the aforeſaid N. S. of the aforeſaid Plea, as by the aforeſaid Writ it was Commanded unto him, which ſaid Writ is Filed amongſt the Records without day of this Term, Upon which the aforeſaid N. S. prayes a Writ of our Lady the Queen, to warn the aforeſaid I. S. of being before our Lady the Queen, to hear the Record and Proceſſe aforeſaid, And it is granted unto him, &c. By which it is Commanded to the Sheriff, that by honeſt men, &c. he make known to the aforeſaid I. S. that he be before our Lady the Queen, from the day of Eaſter in fifteen dayes, whereſoever, &c. to hear the Record and Proceſſe aforeſaid, if, &c. And further, &c. The ſame day is given to the aforeſaid N. S. &c.

Den • rrer in Law to the firſt matter of the Errors.And the aforeſaid I. S. by T. Bland his Attorney comes, and as to the aforeſaid firſt matter, by the aforeſaid Nicholas above for Error in form aforeſaid aſſigned, For that, that after the Generall Pardon of our ſaid Lady the Queen that now is, had, and enacted in the aforeſaid Parliament of our Lady the Queen, that now is, at Weſtminſter aforeſaid, the aforeſaid twenty fifth day of October in the thirty ninth year of her Reign aforeſaid, the judgement aforeſaid was entred againſt the aforeſaid N. in the Plea aforeſaid, that he the ſame N. ſhould be taken for the Treſpaſs and Aſſault aforeſaid, made the aforeſaid tenth day of September, in the thirty ſeventh year aforeſaid, which was long before the aforeſaid Act of Parliament of Generall pardon aforeſaid; The ſame I. by Proteſtation, that that matter, for that Error in form aforeſaid aſſigned, is inſufficient in the Law to maintain the aforeſaid Writ of Error of him the ſaid N. in that behalfe, To the which he the ſaid I. hath no neceſſitie, nor by the Law of the Land is bound in any manner to rejoyn for Plea, yet he ſaith, that in the aforeſaid Court of Bench aforeſaid, there is had,The Cuſtom of the Common Bench alleged for the manner of Entring judgment in the Caſe. and time out of mind there hath been had ſuch a Cuſtom uſed and approved; That is to ſay, that the Clerks of the ſame Court, who for the time being are aſſigned and allowed to enter and Record any Iudgements in the ſame Court from time to time rendred, and to be rendred, were uſed and accuſtomed in the Entries of the Rolls and Records of the ſame Court, of the Judgements rendred in the ſame Court, upon any action of Treſpaſs, againſt the Defendant in the ſame action named, for any Treſpaſs committed before any Generall Pardon, to Enter aſwell in the end of ſuch Judgement, And nothing of Fine of the aforeſaid Defendant, becauſe he is pardoned, As in the End of ſuch Judgement, And the aforeſaid Defendant is to be taken, and to note in the Margent of the ſame Rolls directly oppoſite to the word Capiatur in the 〈◊〉 Judgement this word (Pardoned) by that means giving direction 〈◊〉 the Clerk of the Eſtreats of the ſame Court, where he may find them amongſt the Rolls of the ſame Court, againſt whom he the ſaid Clerk doth ſend out, and direct Writs of our Lord the King of Capias pro fine, to compell them to render themſelves, and come under their Fines in the ſame Court for their Treſpaſſes, and other cauſes fineable, according to the Cuſtom and Law of the Land, of this Kingdom of England, And againſt whom he ſhould omit and forbear to ſend forth the like Writs, And that the ſame Entrie of Pardon in the Margent of the Record aforeſaid is, and for the whole time aforeſaid, was as ſufficient a diſcharge of the aforeſaid partie againſt whom the Judgement in the ſame Record is rendred, that he ſhould be taken, as if within the ſame Record it had been Entred nothing of the Fine of that partie, becauſe he is pardoned. And the aforeſaid I. S. in fact ſaith, that in the Record aforeſaid, ſent before our Lady the Queen, the aforeſaid word (Pardon'd) in the Margent of the ſame Record is entred, and noted according to the Cuſtom aforeſaid, as by that Record above appeareth. And as for the other matter by the aforeſaid N. for his laſt Error in form aforeſaid aſſigned, the ſame I. S. ſayes, that in the aforeſaid Court of the Bench aforeſaid there is had, and time out of mind there hath been had ſuch a Cuſtome uſed and approved,The Plaintif ſets form the Cuſtom to Enter the adm • ſſion upon the Roll wherein the Declaration is Entred. that is to ſay, that every admiſſion of any Infant to proſecute in the ſame Court of Bench aforeſaid, by his next kindred, in any Plea to be entred and inrolled, were uſed to be Entred and inrolled in the Roll wherein the Declaration in that Plea was Entred and inrolled, And the ſame I. further faith, that the Declaration aforeſaid, of him the ſaid I. in the Plea aforeſaid, againſt him the ſaid N. was Entred amongſt the Rolls of Robert Bernors Gent. Phillizer of the County of Suffolk, to wit, in the Roll 386. as in the Record aforeſaid ſent here to the Court of our Lady the Queen more fully appears; And the ſame I. S. further ſaith, that although the aforeſaid Chief Juſtice of the Common Bench hath certified to the Lady the Queen, that having ſearched the Rolls of the Entries of every the Prothonotaries of the aforeſaid County of S. of the Term and year aforeſaid, in his Cuſtodie remaining of Record, he had not found in the ſame any Entrie of the admiſſion of the aforeſaid I. S. to proſecute by the aforeſaid I. M. and W. E. next of kindred to him the ſaid I. S. being within age, againſt the aforeſaid N. S. of the aforeſaid Plea, yet there is had ſuch a Record of the admiſſion of the aforeſaid I. S. ſo being within age, to proſecute in the aforeſaid Court of Bench, by the aforeſaid I. M. and W. E. his next kindred, againſt the aforeſaid N.S. of the aforeſaid Plea Entred in the ſame Bench, in the aforeſaid Roll 386. on which the Declaration aforeſaid, as is aforeſaid, remains Entred ••• ording to the Law and Cuſtom of the ſaid Court of Bench a •••• ſaid; Which ſaid Record as yet remains before the aforeſaid Juſtices of the Common Bench, under the Cuſtodie of the aforeſaid Chief Juſtice omitted as yet to be certified to our Lady the Queen, Certi • rare awarded to Certifie the full truth. And the ſame I. S. prayes a Writ of Certiorare of our Lady the Queen, to the aforeſaid Chief Juſtice of the Common Bench to be directed, to whom the certifying aſwell of the omiſſion aforeſaid, as of the Cuſtoms aforeſaid, reſts to be made, to Certifie our Lady the Queen more fully of the truth thereof, and it is granted unto him, &c. By which it is Commanded to the aforeſaid Chief Juſtice of the Common Bench, that ſearching the Rolls of the Entries of the aforeſaid Phill • zor of the aforeſaid County of Suffolk, of the aforeſaid Term of Eaſter, in the ſixteenth year aforeſaid, And what in the ſame Rolls of the omiſſion aforeſaid he ſhall find, as alſo the whole and full certaintie and truth of the aforeſaid ſeverall Cuſtoms of the ſaid Court of our Lady the Queen, of the Bench, from the day of the holy Trinity in fifteen dayes, whereſoever, &c. he do certifie, together with the Writ of our Lady the Queen to him thereupon directed; The ſame day is given to the parties aforeſaid, &c. At which day before our Lady the Queen, at Weſtminſter aforeſaid, came the parties aforeſaid by their Attorneys aforeſaid, And the aforeſaid chief Juſtice of our Lady the Queen, of her Bench aforeſaid, by vertue of the Writ aforeſaid, to him thereupon in form aforeſaid directed, certified to her the ſaid Lady the Queen, at Weſtminſter, at the ſame day, That in the Court of the Lady the Queen of Common Bench, There is had ſuch a cuſtom uſed and approved, that the Clarks of the ſame Court, who for the time being are aſſigned and allowed to enter and Record in the Rols and Records of the ſame Court any judgements in the ſame Court from time to time rendred, and to be rendred, were uſed and accuſtomed in the entry in the Rolls and Records of the ſame Court, the judgements rendred in the ſame Court, in and upon any action of Treſpaſs againſt the Defendant in the ſame action named for any Treſpaſs committed before any generall pardon, to enter aſwell in the end of ſuch judgement, And nothing of Fine of the aforeſaid Defendant, becauſe he is pardoned, as in the end of ſuch judgement, And the aforeſaid Defendant is to be taken, And to note in the Margent of the ſame Roll direct oppoſite to thoſe words in the judgement this word (pardon) for that reaſon to give direction to the Clark of the Extreats of the ſame Court, where he ſhall find amongſt the ſame Rolls of the ſame Court, againſt whom he the ſaid Clark doth ſend or direct Writs of our Lord the King, of Capias pro fine to compell them to render themſelves, and to undergoe their fines in the ſame Court, for their Treſpaſſes, and other cauſes, fineable according to the cuſtom and Laws of this Kingdom of England, And againſt whom he is to omit and forbear to ſend forth and direct ſuch Writs, And that ſuch entry (of pardon) in the Margent of the Record aforeſaid is, and by the whole time aforeſaid was as ſufficient a diſcharge of the party aforeſaid againſt whom the judgement in the ſame Record was rendred, that he ſhould be taken as if it were entred in the ſame Record within, And nothing of Fine of that party, becauſe he is pardoned, as the aforeſaid I.S. by his Plea aforeſaid above hath alleged, And further the aforeſaid chief Juſtice of our Lady the Queen of her Bench aforeſaid, by vertue of the aforeſaid Writ of our Lady the Queen further certifies that having ſerched the Rolls of Robert Berners Phillizer of the County of S. of the Term of Eaſter in the 41. year of the Reign of our Lady the Queen, that now is, he finds as within in theſe words appears, That is ſay, Pleas at Weſtminſter before Edmund Anderſon Knight, and his fellows Juſtices of our Lady the Queen of her Bench, here of the Term of Eaſter, in the Reign of our Lady Elizabeth by the grace of God, &c. the 41. Roll 386.

The Entry of the Warrant of admiſſion with the Phillizer. ſſ. IOhn Mallows and W. E. are admitted by the Court of our Lady the Queen, here to proſecute for I. S. who is within age, as the next of Kindred of him the ſaid I. S. againſt N. S. lately of, &c. Gentleman, of a Plea of Treſpaſs and aſſault, Which ſaid Writ ſo as aforeſaid returned amongſt the Records of this Court is filed Upon which the aforeſaid I. S. ſayes, that in the Record and Proceſs aforeſaid, nor in the rendring of the judgement aforeſaid, there is nothing erroniou • , and prayes that the Court of our Lady the Queen, here may proceed unto examination, aſwell of the Record and Proceſs aforeſaid, as of the matters aforeſaid above for errors aſſigned, and that the judgement aforeſaid may be affirmed, And becauſe the Court of our the Lady the Queen, here of their judgement, of and in the premiſes to be rendred, are not as yet adviſed, day thereupon is given to the parties aforeſaid, before our Lady the Queen, untill eight dayes of St. Michael whereſoever, &c. of hearing thereupon their judgement, for that the Court of our Lady the Queen, here thereupon are not as yet, At which day before our Lady the Queen, at Weſtminſter, came the parties aforeſaid by their Attorneys aforeſaid, and upon this all and ſingular the premiſes, being by the Court of our Lady the Queen, here ſeen and fully underſtood, and mature deliberation thereupon had, for that, that it ſeems to the Court of the Lady the Queen here, that aſwell the aforeſaid Writ of Certiorare, to the aforeſaid chief Juſtice of the Common Bench in form aforeſaid iſſued and directed, as the aforeſaid anſwer of the ſame chief Juſtice of the Bench unto that Writ as now it remains filed upon Record, before our Lady the Queen, does not ſufficiently and fully agree, and anſwer the aforeſaid allegation of the aforeſaid I. S. as to the aforeſaid cuſtom o • the ſaid Court of Bench for the entring of an admiſſion of an In • ant, to proſecute by his next of Kindred in any his Pleas in the Rolls of the ſame Court where the Declaration of ſuch infant is entred and enrolled by the aforeſaid I. S. above a leged ſo that the ſame Court of our Lady the Queen, before her the ſaid Queen, here for the incertaintie of the truth of ſuch cuſtom of the ſaid Court of Bench, in that behalf in form aforeſaid alleged, to their judgement of and upon the premiſes, aſwel, on the part of the aforeſaid N. S. in deniall, as on the part of the aforeſaid I. S. in affirmation to the judgement aforeſaid above alleged cannot proceed, Without more full information of the conſciences of the Juſtices, And that the Court of our Lady the Queen, here before her the ſaid Queen, of the truth of the cuſtom of the ſaid Court of Bench in that behalf above alleged,An Alias Cer • orare warded. Therefore it is commanded the aforeſaid chief Juſtice of the Bench aforeſaid, that he the full and whole certaintie, and truth of the aforeſaid cuſtom of the ſaid Court or Bench, of the entrie of the admiſſion of Infants to proſecute by their next of Kindred in perſonall Pleas in the ſame Court by the aforeſaid I. S. above alleged, to our Lady the Queen aforeſaid, from the day of St. Hilary in fifteen dayes whereſoever, &c. doe certifie together with the Writ thereupon to him directed, &c. The ſame day is given to the parties aforeſaid, &c. At which day before our Lady the Queen, at Weſtminſter aforeſaid, came the parties aforeſaid by their Attorneys aforeſaid, And the aforeſaid Chief Juſtice of our Lady the Queen, of the Bench aforeſaid, by vertue of the Writ aforeſaid, to him thereupon in form aforeſaid directed, to her the ſaid Lady the Queen, at Weſtminſter aforeſaid, at the ſame day certified,The Return of the Cer •• rare. that in the ſaid Court of our Lady the Queen of the Bench is had, and from the time out of mind, there hath been had ſuch a cuſtom uſed and approved in the ſame Court of Bench, that every admiſſion of any Infant to proſecute in the ſame Court of Bench aforeſaid, by his next of Kindred, in any Plea entred and inrolled, and to be entred and inrolled, have been uſed and accuſtomed in the Roll, where the Declaration in that Plea is entred and inrolled, Which ſaid Writ ſo as aforeſaid returned, together with the return thereupon, amongſt the Records of this Court is filed, And upon this the aforeſaid I. S. further prayes that the Court of our ſaid Lady the Queen, here may proceed to the Examination aſwell or the Record and Proceſs aforeſaid, as of the aforeſaid matters above for errors aſſigned, and that the judgement aforeſaid may be affirmed, and becauſe the Court of our ſaid Lady the Queen, here are not as yet adviſed of and upon the rendring their judgement, of, and upon the premiſes, day is thereupon further given to the parties aforeſaid, before our Lady the Queen, Mich. Term 41. & 42. Judgement was affirmed in this cauſe. Roll. 417. untill from the day of Eaſter in fiftteen dayes whereſoever, &c. of hearing thereupon their judgement, For that the Court of our ſaid Lady the Queen here, thereupon as yet have not, &c.

ſſ. AFterwards, to wit on Saturday the 9.The affirmation of a judgment upon a W • t of Error out of the Kings B •• ch into the Exchequer Chamber. day of February in the 2. year of the Reign of our Lord the King that now is, The tranſcript of the Record and Proceſs aforeſaid, between the parties aforeſaid, with all things touching them, by reaſon of a certain Writ of our Lord the King of correcting error, by them the ſaid Thomas Scot, Elizabeth and Thomas Forn of and upon the premiſes proſecuted before the Iuſtices of our ſaid Lord the King of his Common Bench, and the Barons of the Exchequer of our ſaid Lord the King in the Exchequer Chamber aforeſaid, according to the form of the Statute in the Parliament of the Lady Elizabeth are Queen of England, at Weſtminſter, the 23. day of November in the 27. year of her Reign, held and publiſhed from the aforeſaid Court of our Lord the King that now is here before him the ſaid King were tranſmitted, And the aforeſaid T. S. E. and T. Fen in the ſame Court of the Exchequer Chamber aforeſaid, have aſſigned divers matters for Errors, in the Record and Proceſs aforeſaid, for revoking and annihilating of the judgement aforeſaid, to which the ſame E. and R. in the ſame Court appearing pleaded, that neither in the Record nor Proceſs aforeſaid, nor in the rendring the judgment aforeſaid, there was in any thing Error, Afterwards to wit on Saturday the 9. day of Pebruary in the aforeſaid ſecond year of our ſaid Lord the King, in the ſame Court of Exchequer Chamber aforeſaid, the premiſes being ſeen, and by the Court of our Lord the King here diligently examined and fully underſtood, Aſwell the Record and Proceſs aforeſaid, and the judgement aforeſaid upon the ſame rendred, as the aforeſaid cauſes of Errors aforeſaid by the aforeſaid T. S. E. and T. F. above alleged and aſſigned, For that, that it ſeems to the Court here, that the Record aforeſaid is in nothing vitious and defective, And that the Record aforeſaid was in nothing Erronious, Therefore it was conſidered if that the judgement aforeſaid in all things be affirmed, and continue in all his force ſtrength and effect, notwithſtanding in any thing the ſaid cauſes of Error above aſſigned and alleged, And further it was conſidered of in the Exchequer Chamber aforeſaid, that the aforeſaid E. R. ſhould recover againſt the aforeſaid T. S. E. and T. F. 100. s. to them the ſaid E. and R. of their aſſent by the Exchequer Chamber aforeſaid adjudged according to the form of the Statute thereupon publiſhed and provided, for the damages, coſts and charges, which they had by delay of the Execution of the judgement aforeſaid, by reaſon of the proſecution of the aforeſaid Writ of Error, And thereupon the Record and Proceſs before the aforeſaid Juſtices of the common Bench, and Barons of the Exchequer aforeſaid in the premiſes had They the ſame Juſtices of the Common Bench and Barons of the Exchequer aforeſaid, before our ſaid Lord the King whereſoever, &c. they remit according to the form of the Statute aforeſaid, which to the ſaid Court of our Lord the King now reciding, &c.

ACTIONS OF ESCAPE. ESCAPE.

R. L. Executrix of the teſtament,Eſcape againſt a Sheriff upon an Arreſt, upon a Bill of Middleſex. &c. complains of S. S. and H. C. lately Sheriffs of the County of Middleſex, in the Cuſtodie of the Marſhall, &c. For that, that is to ſay, whereas one G. S. of, &c. (ſuch a day and year at London in the Pariſh &c.) by his certain writing obligatory with the Seal of him the ſaid G. ſealed, and in due manner made, bearing date the ſame day and year, acknowledged himſelf to be bound and firmly obliged to the aforeſaid I. in his life time in 20. s. of lawfull mony of England, to be payd to him the ſaid I. when he ſhould be thereunto required, with a condition thereupon indorſed for true payment of 12. s. of like mony, &c. upon the day of the Feaſt of the Aſcenſion of our Lord then next following, which ſaid 12. s. the aforeſaid G. to the aforeſaid I. in his life time, or to the aforeſaid R. after his the ſaid I. his death, he hath not paye, but the aforeſaid G. forfeited the aforeſaid 20. s. to the aforeſaid I. in the writing obligatory conteined, For the more ſpeedy recovery of which ſaid ſum of 20. • . the aforeſaid R. after the death of the aforeſaid I. her Husband, to wit in the Term of Eaſter, in the 27. year of the Reign of our Lady the Queen that now is, before her the ſaid Lady the Queen, at Weſtminſter, had come and obteined out of the ſame Court of the Lady the Queen before her the ſaid Queen a certain precept of her the ſaid Lady the Queen, directed to the then Sheriffs of the aforeſaid County of Middleſex, By which it was commanded to them the ſaid then Sheriffs, that they ſhould take the aforeſaid G. if, &c. And ſafely, &c. So that they might have his body before our Lady the Queen, at Weſtminſter, on Friday next after the morrow of the holy Trinity then next following, to anſwer the aforeſaid R. of a Plea of Treſpaſs, And that they ſhould have there then that Precept, to that intent, that the ſame R. as executrix of the teſtament of the aforeſaid l. in the ſame Court of our Lady the Queen, here might declare and proſecute her Bill againſt the aforeſaid G. for the debt aforeſaid, by the aforeſaid writing obligatory done, which ſaid Precept the aforeſaid R. afterwards (to wit ſuch a day and year and place) delivered the aforeſaid Sheriffs in form of Law to be executed, by force of which ſaid precept, the aforeſaid S. S. and H. B. then Sheriffs of the aforeſaid County of Middleſex, afterwards, and before the return of the ſame to wit ſuch a day and year at I. in the aforeſaid County of Middleſex, took and arreſted the aforeſaid G. And him the ſaid G. under their ſafe cuſtodie then and there had and deteyned, And he the ſaid G. being ſo in cuſtody of them the ſaid late Sheriffs, They the ſaid late Sheriffs afterwards, to wit the aforeſaid (ſuch a day and year) led the aforeſaid G. unto the City of London. And him there ſo negligently kept, that the ſame G. afterwards (to wit the ſame ſuch a day and year) at London in the Pariſh and Ward aforeſaid, from the cuſtody of them the ſaid late Sheriffs, did goe away and Eſcape, And they the ſaid late Sheriffs, him the ſaid G. to go at large whitherſoever he would, they did permit, the aforeſaid R. of the aforeſaid 20. s. then and as yet being in no wiſe ſatisfied, And the ſaid G. being ſo gone away, Eſcaped, and permitted to goe at large, from the cuſtody of them the aforeſaid late Sheriffs as aforeſaid the ſame G. kept himſelf ſo ſecretly and privately, that ſhe the ſaid R. could not procure any Writs or precepts to be ſerved upon the aforeſaid G. for the recovery of her debt aforeſaid, By which the ſame R. ſayes, that ſhe hath not only Expended, loſt and let goe divers great Expences and Charges, in and about the aforeſaid Arreſt of the aforeſaid G. but alſo remains totally fruſtrate of all other remedy, for the recovery of the debt aforeſaid, whereupon ſhe ſaith that ſhe is worſted, and hath damage to the value of 40. s. And thereupon ſhe brings her ſute, &c. And ſhe brings here into Court the Letters teſtamentary, &c.

The Defendants plead they did make the Arreſt.And the aforeſaid S. H. by T.B. their Attorney come and defend the force and injury, when, &c. And ſay that the aforeſaid R. ought not to have her action aforeſaid againſt them becauſe they ſay, that they did not take nor Arreſt the aforeſaid G. in the manner and form, as the aforeſaid R. above againſt them complaineth, And of this they put themſelves upon the Country, And the aforeſaid R. in like manner, &c. Therefore the Jury is to come, &c.

R. S. complains of John Chaunroy Bayliff of the Liberty of the Biſhop of London in the County of Middleſex, Eſcape upon a Bill of Middleſex, where the Plaint and attachment is mentioned. for that whereas the aforeſaid R. S. on Tueſday next after a month of Eaſter (ſuch a year) before our Lady the Queen at Weſtminſter, had proſecuted a certain Bill againſt I. T. For that, that he the ſame I. T. (ſuch a day and year) by force and arms, the Cloſe of him the ſaid R. S. at Weſtminſter in the County of Middleſex, he had broke, And other harms to him he had done againſt the Peace of our Lady the Queen that now is, to the damage of him the ſaid R. S. of 20. l. And he found pledges of proſecuting his Plaint aforeſaid, to wit John Dee and Richard Row, by force of which ſaid Bill it was commanded to the Sheriffs of Middleſex, that they ſhould attach the aforeſaid I. T. ſo that he might be before our Lady the Queen at Weſtminſter on Thurſday next after a month of Eaſter then next following, to anſwer the aforeſaid R.S. of the Plea aforeſaid, the ſame day was given to the aforeſaid R. here, &c. At which day before our Lady the Queen at Weſtminſter, came the aforeſaid R.S. in his proper perſon, And Chriſtopher Hawks, and T.G. Sheriffs of the ſaid County of Middleſex, by vertue of the precept aforeſaid, before our Lady the Queen, at Weſtminſter, returned that the aforeſaid I. had nothing within their Balywick, by which he could be attached, Upon which it was commanded to the ſame Sheriffs, that they ſhould take him if, &c. And him ſafely, &c. So that they might have his body before our Lady the Queen at Weſtminſter, on Monday next after eight dayes, &c. from thence next following, to anſwer the aforeſaid R.S. of the aforeſaid Plea. The ſame day was given to the aforeſaid R. here, &c. And the aforeſaid Sheriffs of Middleſex, by vertue of the precept aforeſaid, commanded a certain Warrant to the aforeſaid I. E. Bayliff of the Liberty of the Biſhop of London in the County of Middleſex, who had full return of all Writs, Precepts and Warrants, &c. (And ſo recite the return) untill for that Execution thereupon, elſewhere in the County aforeſaid, out of the Liberty aforeſaid, could not be made. Which ſaid I.C. by vertue of the Warrant aforeſaid, ſuch a day and year at S. aforeſaid, in the County aforeſaid, took and arreſted the aforeſaid I. T. And the aforeſaid I. C. plotting to defraud the aforeſaid R. S. and to defer him from the recovery, for his Treſpaſs aforeſaid, he the ſaid I.T. ſo taken and Arreſted the aforeſaid I.C. (ſuch a day year and place) aforeſaid ſuffered to go at large, by which he the ſame R. S. is deprived altogether of the recoverie for his Treſpaſs aforeſaid, To the damage of him the ſaid R. twenty pounds, And thereupon he brings his Sute, &c.

Eſcape againſt a Sheriff for not having the body of one by him arreſted at the retorn of the Writ. ſſ. HEnry Appleton, latly Sheriff of Eſſex, was attached by a Writ of Privilege of our Lord the King, from the Cou • t here iſſuing, to anſwer H.C. one of the Attorneys of the Court of our Lord the King, of his Bench here, according to the Liberties and Privileges of the ſame Court for the like Attorneys, and other Miniſters of the ſame Bench from time out of mind uſed, and approved in the ſame, of a Plea of Treſpaſs upon the Caſe, And whereupon the ſame H.C. in his proper perſon Complains, wherefore whereas one T.D. a forreign Merchant, was indebted to him the ſaid H. C. in a hundred pounds of lawfull money, &c. To be payd to him the ſaid H. C. when he ſhould be thereunto required, And for that, that the aforeſaid T. D. had not payd the ſame hundred pounds to him the ſaid H.C. he the ſaid H. C. for the more ſpeedy recovery of that debt (ſuch a day and year) then being one of the Attorneys of the Court of the Bench of our Lady the Queen, here according to the Liberties and Privileges of the ſame Court, from the whole time aforeſaid, uſed and approved in the ſame, out of the ſame Court of Bench here proſecuted a certain Writ of Privileges of our Lady the Queen, againſt the aforeſaid T. D. to the then Sheriff of the aforeſaid County of Eſſex, being directed. By which ſaid Writ our aforeſaid Lady the Queen Commanded him the then Sheriff, that the ſame Sheriff ſhould attach the aforeſaid T.D. ſo that he might have him before the Juſtices of our Lady the Queen here on Tueſday next after the Morrow of all Souls then next following, to anſwer unto him the ſaid H. C. of a Plea of Debt; Which ſaid Writ he the ſaid H.C. (afterwards, to wit, ſuch a day and year) to the aforeſaid H. A. then being Sheriff of the aforeſaid County of E. at London, that is to ſay, in the Pariſh, &c. delivered in form of Law to be executed, by Vertue of which ſaid Writ, the aforeſaid H. A. (the ſame day and year, &c.) then being Sheriff of the aforeſaid County of E. Commanded the Bayliff of the Libertie of our Lady the Queen, of her hundred of B. in the aforeſaid County of E. (which ſaid Bayliff had Execution of all Writs within the ſame Liberty, for that no Execution of that Writ could be made within his Bailiwick elſe-where) That he ſhould attach the aforeſaid T. So that he might have his body before the aforeſaid Sheriff, before the retorn of that Writ, So that the ſame ſheriff might have him before the Juſtices of our Lady the Queen, here at the aforeſaid day of Wedneſday next after, &c. to anſwer the aforeſaid H. C. of the aforeſaid Plea, By vertue of which ſaid Warrent, the aforeſaid Bayliff afterwards (to wit, ſuch a day, year, and place) in the aforeſaid County of E. within the Libertie aforeſaid, he took and arreſted the aforeſaid T. And the ſame Bayliff after that taking, and arreſting, and before the ſaid day of Wedneſday, &c. to wit, the ſecond day of N. in the twenty ſeventh year aforeſaid, the aforeſaid T. to one H. C. then Deputie of the aforeſaid H. A. authorized by the ſame H. A. in that behalf he delivered to be ſafely kept, as the aforeſaid H. A. retorned to the aforeſaid Juſtices of our Lady the Queen here at the aforeſaid day of Wedneſday, &c. The aforeſaid H. A. his Office of a Sheriff in the juſt and true Execution of the Writ aforeſaid little caring, but knowing the aforeſaid T. to be a fugitive and deceiptfull perſon, and plotting and intending him the ſaid H.C. to hinder from the recoverie of his debt aforeſaid, and to cauſe him the ſaid H.C. (what in him lay) wholly to loſe his debt aforeſaid, the aforeſaid T. before the aforeſaid Juſtices of our Lady the Queen here, at, or ever after the aforeſaid day of Wedneſday, &c. according to the purport of the aforeſaid Writ he had not, but the ſame T. he the ſaid H. C. of his ſaid debt aforeſaid, being in no wiſe ſatisfied, or in any manner contented, before the retorn of the ſame Writ, to wit, ſuch a day and year at London, &c. in the Pariſh, &c. he ſuffered to go at large whitherſoever he would, in the danger of the loſſe of the debt of the aforeſaid H. C. For that if the aforeſaid H. A. had had the aforeſaid T. before the Juſtices of our Lady the Queen, here at the aforeſaid day of Wedneſday, &c. according to the purport of the Writ aforeſaid, and the aforeſaid Arreſt, then the ſame T. ought to have found in the Court here to him the ſaid H. C. ſufficient Manucaptors, who muſt have undertaken for the aforeſaid T. that if the ſame T. ſhould be Convict in the Debt aforeſaid, that then he the ſaid T. ſhould pay the debt aforeſaid, to him the ſaid H.C. or ſhould render himſelf to the Priſon of our Lady the Queen, of the Fleet, by occaſion of the Judgement of, and upon the Premiſſes to be rendred, or that they the ſaid Manucaptors, the debt aforeſaid, for the aforeſaid T, ſhould pay to him the ſaid H. C. And if the ſame T. did not find ſuch Manucaptors, that then he ſhould be committed to the Priſon of our Lady the Queen, of the Fleet, there to ſtay untill he ſhould do it, To the damage of him the ſaid H. C. a hundred pounds, And thereupon he brings his Sure, &c.

And the aforeſaid H. A. by Thomas Foſter his Attorney comes and defends the force and injurie, when, &c. Not guilty pleaded. And ſayes that he is in nothing guilty of the Premiſſes above impoſed upon him; And of this he puts himſelf upon the Countrey, And the aforeſaid I. C. in like manner. Therefore Command is given to the Sheriff, that he cauſe to come here in eight dayes of the Purification of the bleſſed Virgin Mary, and, &c. By whom, &c. And who neither, &c. To Recognize, &c. Becauſe aſwell, &c. The ſame day is given to the parties aforeſaid, here, &c.

This was tried in London, and a Verdict and Judgement for the Plaintif. And a Writ of Error was brought, and aſſigned for Error, For that it appears not in what place the Bailiff of the Libertie delivered the Priſoner to the aforeſaid F. the under-Sheriff, nor whether he was delivered in the County of Eſſex or no.

Error alſo, for that he ſaid not in his Declaration, that the Defendant took no ſecuritie for the appearance aforeſaid, for it might be that the Sheriff delivered him up upon Bayl, according to the form of of the Statute.

Error alſo, for that the Plaintif ſaid not, that the aforeſaid T. appeared not in the Bench.

Afterwards the Defendant, after he had pleaded in nullo eſt Erratum, died, And then was made this Entrie following (as yet, &c.) Afterwards, to wit, the fifth day of May, in the Four and thirtieth year of the reign of our Lady the Queen that now is, before our Lady the Queen at Weſtminſter came the aforeſaid H. A. by his Attorney aforeſaid, And ſayes that the aforeſaid H. C. is dead, and prayes licence to purchaſe a new Writ of Error, &c. And it is granted unto him, &c. And afterwards, to wit the ſixt day of May then next following, before our Lady the Queen at Wiſtminſter, came the aforeſaid H. A. by his Attorney aforeſaid, And brought before our Lady the Queen, a certain new Writ of Error of our Lady the Queens, directed to the Juſtices of our Lady the Queen of the Pleas, before her the ſaid Queen aſſigned to be held, which ſaid Writ follows in theſe words, Elizabeth, &c. (And ſo recite the Writ of Error) And upon this the ſame H.A. ſays, that in the Record and Proceſſe aforeſaid, as alſo in the rendring of the Judgement aforeſaid, it is manifeſtly Erronious, alleging for Errors the ſeverall matters above aſſigned, And the ſame H.A. ſayes further, that the aforeſaid H.C. before his death, to wit, at London aforeſaid, in the Pariſh and Ward aforeſaid, made his laſt VVill and Teſtament in writing, And thereby Conſtituted and ordeined Elizabeth, his then wife, Executrix of his Teſtament aforeſaid, and there afterwards died; And the ſame H. A. prayes a VVrit of our Lady the Queen, to warn the aforeſaid Executrix of being here, &c. retornable on the morrow of the holy Trinitie, &c. whereſoever, &c. At which day came the aforeſaid H. A. by his Attorney, And the aforeſaid Defendant by John Williams her Attorney came, And upon this the aforeſaid H. A. as formerly ſayes, That in the Record and Premiſſes aforeſaid, &c. it is manifeſtly Erronious, And the Executrix pleads, that it is in nothing Erronious, and ſo they continue it for argument, And afterwards upon full debate judgement was affirmed.

ACTIONS OF DEBT, AND DIVERS OTHER Actions and Pleas. DEBT.

ſſ. W. C. Complaineth of I.H. in the Cuſtody of the Marſhall, &c. of a plea,A Declaration in Debt upon a Bill, to be paid at the day of Marriage of the Defendant. that he render unto him 20 l. of good and lawfull, &c. which, &c. for that, to wit, that whereas the aforeſaid I. (in ſuch a day and year) at, &c. by his certain Bill Obligatory, ſealed with the Seal of him the ſaid I, and unto the Court, &c. whoſe date, &c. acknowledged himſelf to owe unto the ſaid W. the aforeſaid 20. l. to be paid unto the ſaid W. at the day of the Marriage of him the ſaid I, and the ſaid W. in fact ſaith, that the ſaid I. afterwards, that is to ſay, (in ſuch a day and year, &c.) married to wife one M.A. by which an Action did accrue unto the ſaid W, to require, &c.

ſſ. W. B. next of Kin of R.B. deceaſed,Declaration in Debt for an Adminiſtrator againſt an Adminiſtrator. Adminiſtrator of all and ſingular the Goods, Chattels, rights and Credits, which where of R.B. late of H. in the County of Middleſex, Yeoman, otherwiſe called, &c. deceaſed, which dyed inteſtate, complaineth of A.N. Widow, Adminiſtrator of all and ſingular the goods and chattels, rights and credits, which were of R.N. late of F. in the County of Middleſex Yeoman, deceaſed, in the cuſtody of the Marſhall, &c. of a Plea that he render unto him 60. l. of lawfull, &c. which, &c. for that, to wit, that whereas the aforeſaid R.N. in his life, that is to ſay (in ſuch a day and year) at, &c. by his certain Writing obligatory, ſealed with the Seal of him the ſaid R.N. in his life, and unto the Court, &c. whoſe Date, &c. acknowledged himſelf to be holden, and firmly bound unto the ſaid R.B. in his life, in the aforeſaid 60. l. to be paid unto the ſaid R.B. his Executors or Adminiſtrators, on the Feaſt of St. Michael the Arch-Angel from thence next enſuing, notwithſtanding the aforeſaid R.N. in his life, and the aforeſaid A.N. after the death of him the ſaid R.N. although often requeſted, &c. the aforeſaid 60. l. unto the ſaid R.B. in his life, and the ſaid W.B. unto whoſe Adminiſtration of all, and ſingular, the Goods and Chattels, Rights and Credits, which were of the ſaid R.B. at the time of his death, by T. Watts, Arch-Biſhop of Middleſex lawfully deputed 25. day of May, in the year of our Lord 1577. at London, was committed, have not hitherto paid, nor either of them hath paid; but the ſame unto the ſaid R.B. in his life, and the ſaid W.B. after the death of him the ſaid R.B. have altogether denyed to pay; and the aforeſaid A.N. doth deny to pay, and the ſame unto ſaid W. (as yet) doth unjuſtly detain, to the damage of him the ſaid W. 40. pounds, and in delay of the Execution of the Adminiſtration aforeſaid, and thereupon he bringeth his Sute, and profereth here in Court, the aforeſaid Letters of Adminiſtration of the ſaid W. by which it plainly makes appear unto the Court of the ſaid Lady the Queen here, him the ſaid W. to be Adminiſtrator of the Goods and Chattels aforeſaid, &c.

An Action upon the Statute of Maintenance. ſſ. I.F. Who aſwell for the Lady the Queen, as for himſelf, proſecuteth, and complaineth of H.B. in the cuſtody of the Marſhall, &c. of a Plea, that he render unto the ſaid Queen, and unto the ſaid I. 10. l. of lawfull, &c. which unto the ſaid Lady the Queen, and to the ſaid I. who aſwell, &c. doth owe and unjuſtly detein for that; that is to ſay, That whereas in the Statute in the Parliament of the Lord H. the 8. late King of England, at Weſtminſter, in the County of Middleſex 28 day of April, in the one and thirtieth year of his Reign began to be held, and there through divers prorogations, untill to the 25. day of May, in the two and thirtieth year of his Reign prorogued and continued,The words in pleading, that the Parliament is pror • gued. and then and there held by the ſaid Lord the King, with the aſſent of the Lords Spirituall and Temporall, and of the Commons there, it was enacted, that no perſon or perſons, of whatſoever State, degree or condition he or they ſhould be, or were from thenceforth hereafter, he or they ſhould unlawfully maintain, or cauſe, or procure any unlawfull Maintenance in any Action, Demand, Sute or Complaint in any Court of the ſaid Lord the King, of the Chancery, Star-Chamber, Whitehall, or elſe-where within any the Dominions of the Kingdom of England, or of Wales, or in the Marches of the ſame, where any perſon or perſons, hath, or then hereafterwards ſhould have authority by virtue of a Commiſſion of the Lord the Kings Letters Patents, or Writ, to hold a Plea of Land, or to examine, hear or determine any Title of Land, or any matter, or Witneſſes concerning the Title, Right or Intereſt of any Lands, Tenements, or Hereditaments; and alſo that no perſon or perſons of whatſoever ſtate, degree, or condition, he or they be, or were, from thenceforth in time to come, ſhould unlawfully retein for maintenance of any Sute or Plea, any perſon or perſons, to imbrace any Freeholders or Jurors, or ſhould ſuborn Witneſſes by Letters, reward, promiſe, or any other ſiniſter labour, or means, to maintain any matter or cauſe, to the diſturbance or hindrance of Juſtice, or to the procuration, or occaſioning of any Perjurie by falſe Verdict, or otherwiſe, in any Court aforeſaid, under the pain of forfeiting for every ſuch offence 10. l. of which one moity thereof ſhould be unto the ſaid late King, his Heirs or Succeſſors, but the other unto him, who therefore will proſecute by action of Debt, Bill, Plaint or information in any Court of the ſaid late King, where no Eſſoin, Protection, wager of Law, injunction ſhall be allowed, as in the ſame Statute amongſt other things is more fully contained, notwithſtanding the ſaid H. the aforeſaid Statute no wiſe regarding, nor the penalty in the ſame contained any manner of way fearing, a certain Bill of plaint before her, the ſaid Lady the Queen at W. as yet hanging undetermined between one R.K. Plaintif, and the aforeſaid I.F. of a Plea of Treſpaſs on the behalf of the ſaid R.K. againſt the aforeſaid I.F. (in ſuch a day and year at, &c.) hath maintained and upheld, to the manifeſt diſturbance, and hindrance of Juſtice, and in Contempt of the Lady the now Queen, and againſt the form of the aforeſaid Statute, by which an Action did accrew unto the ſaid I.F. aſwell for the Lady the Queen, as for himſelf, to require, and have of the ſaid H.B. the aforeſaid ten pounds, notwithſtanding the aforeſaid H. although he hath been often requeſted, &c. the aforeſaid 10. l. unto the ſaid I.F. who aſwell, &c. hath not as yet paid, but the ſame to him hitherto hath altogether denyed to pay, and as yet doth deny, to the damage of him the ſaid F. five pounds, and thereupon he bringeth his Sute, &c.

ſſ. P.S. Who aſwell for the Lady the Queen, as for himſelf,A Declaration upon the Statute of Perjury. proſecuteth, and complaineth of W. O. in the cuſtody of the the Marſhall, of a Plea, that he render unto the ſaid Lady the now Queen, and unto the ſaid P. 20. l. of lawfull, &c. which unto the ſaid Queen, and unto the ſaid P. who aſwell, &c. doth owe, and unjuſtly detein for that; that is to ſay, that whereas in a Statute in Parliament, of the Lady the now Queen, at W. in the County of Middleſex, on the 12. day of January, in the fifth year of her reign holden, publiſhed amongſt other things, it was firmly Ordained and Enacted, by the Authority of that Parliament, that if any perſon or perſons, after the 10th day of April then next following, either by ſubordination, unlawfull procuration, ſiniſter perſwaſion, or means of any other, by their proper Act, conſent, or agreement, voluntarily and corruptly, ſhould commit any voluntary perjury, by his or their depoſition in any the Kings Chancery Courts of the Star-chamber, Whitehall, or elſewhere within the Kings Dominions of England or Wales, or in the Marches of the ſame, where any perſon or perſons, hath or have authority by virtue of the Kings Commiſſion of Pa • ent or Writ, to hold Plea of Land, or to examine or determine any Title of land, or any matter, or Witneſſes concerning the Title, Right and Intereſt of any Lands, Tenements or Hereditaments, or in any Courts of Record, or in any Leet or View of Frank-pledge in a Court day, called Law-day, or in any Court in antient Demeſn, Hundred Court, Court Barron, or in the Court or Courts of the Stannery, in the County of Devon, and Cornwall, or being examined to the perpetuall memory of a thing, that then whatſoever perſon and perſons ſo offending, and being duly convicted, or attainted by the Laws of this Kingdome of England, for his or their ſaid offences, ſhall loſe and forfeit unto the ſaid Lady the Queen 20. pounds, and ſhould have Impriſonment by the ſpace of ſix moneths without Bail or Mainpriſe, and that the Oath of ſuch perſon or perſons ſo offending, from thenceforth afterwards in any Court of Record, ſhould not be taken within this Kingdom of England or Wales, or Marches of the ſame, till what time the Judgement given againſt the ſaid perſon or perſons, ſhould be made void, or revoked by Attainder or otherwiſe; that upon every ſuch kind of Revocation, the parties grieved ſhall recover his or their Dammage againſt all and ſingular ſuch perſon and perſons as ſhould procure the ſaid Judgement ſo revoked, to be rendered againſt him or them, or any of them, by Action or Actions, to be proſecuted upon his or their Caſe or caſes, according to the courſe of the Common Lawes of this Kingdome of England, and if it ſhould happen the ſaid offendor or offendors, not to have any goods or chattells, to the value of 20. pounds, that then he or they ſhould be put upon the Pillory in any Market place within the County, City or Burrough, where the ſaid offence ſhould be committed, by the Sheriff or his Officers, if they ſhould happen to be without any City or Town Corporate, then by the chief Officer or Officers of ſuch City or Town Corporate, or by his or their Officers, And there ſhould have both his ears nayled, and from thenceforth ſhould be diſcredited and diſabled for ever, to be ſworn in any the Kings Courts of Record aforeſaid, untill the Judgement ſhould be reverſed, and thereupon to recover his Damages in manner and form before mentioned, one Moity of which ſaid ſum of Money to be forfeited, in manner and form aforeſaid, ſhould be to the ſaid Lady the now Queen, her Heirs and Succeſſors, and the other Moity thereof, unto ſuch perſon or perſons, as ſhould be grieved, hindred, or moleſted, by reaſon of the offence or offences before mentioned, who therefore would proſecute by action of Debt, Bill, Plaint, Information, or otherwiſe, in any the Kings Courts of Record, in which no Wager of Law, Eſſoin, Protection or Injunction, ſhould be allowed, as in the ſaid Statute, amongſt other things more fully it is manifeſted, and it appeareth. And where alſo, &c.

ſſ. A.B. Late of London, Taylor,Declaration in Debt after Verdict and Judgement in Treſpas in the Kings Bench upon Recognizance there againſt one of the Bayl. Eaſter 6. H. 8. Roll. 432. was Summoned to anſwer R.H. of a Plea, that he render unto him 100. pounds of lawfull money of England, which, &c. And thereupon the ſaid R. by R. I. his Attorney ſaith, that whereas he the Monday next after fifteen dayes of the holy Trinity, in the fourth year of the Reign of the now King, before him the ſaid Lord the King at Weſtminſter, in his proper Perſon came and appeared, and then and there in the Court of the ſaid King, brought his Bill againſt one W.G. Mercer, in the Cuſtody of the Marſhal of the Marſhalſea of the Lord the King, before him the King, then, and there, being of a Plea of Treſpaſs, and the Pledges to proſecute, are Philip Maſon, and John Wicham, by which ſaid Bill the ſaid R. Complained of the ſaid W. of that that he the ſecond day of July, in the third year of the ſaid now King, with force and arms, that is to ſay, with Swords, &c. the houſe of him the ſaid R. at London, in the Pariſh, &c. had broke, and other wrongs to him had done, againſt the Peace, &c. to the damage, &c. and the aforeſaid W. by T.C. his Attorney appearing, commeth and defendeth the force and Injury, when, &c. and ſaith that he in no wiſe was thereof guilty concerning the Treſpaſs aforeſaid, as the ſaid R. above againſt him Complained, And of this he put himſelf upon the Countrey, And the aforeſaid R. likewiſe, &c. therefore thereupon commeth the Jury before the Lord the King, at Weſtminſter, the Monday next after eight, &c. of St. Michael; And who neither, &c. to Recognize,Entrie of Recognizance after Iſſue ioyned. &c. becauſe aſwell, &c. the ſame day was given to the parties aforeſaid, there, &c. And upon this before the ſaid Lord the King, at Weſtminſter, in the ſaid County of Middleſex, perſonally then and there commeth I.G. of London, Gent. and L.G. of London, Gent. and the aforeſaid A. the Manucaptors for the ſaid W.G. that is to ſay, under the pain of 100. pounds, which they acknowledged, and every of them for himſelf acknowledged of his Lands and Chattels, and of every of them to be done, And to the uſe of the ſaid R. to be levyed, and likewiſe the ſaid W.G. aſſumed for himſelf under the pain of 100. pounds, which he acknowledged of his Lands and Chattels to be executed, and to the uſe of the ſaid R. to be levyed, if the ſaid W. all ſuch Damages, Coſts and charges, in which it ſhould happen him, the ſaid W. in the Plea aforeſaid, in any manner, lawfully to be overthrown, doth neither pay, or himſelf to the Priſon of the Marſhall of the Lord the King, before him the King in that occaſion not to render, &c. At which ſaid day of Monday next, after eight, &c. of St. Michael, before him the Lord the King at Weſtminſter commeth, aſwell the aforeſaid R. in his own perſon, as the ſaid W.G. by his foreſaid Attorney; And the Sheriff then ſendeth a Writ of Venir' fac' 24. &c. in all Services and Executions, together with the Pannell of the names of the Jurors thereupon impannelled, upon which the Jurors of that Jury being called, likewiſe come, who being choſen, tryed, and ſworn to ſpeak to the truth of the Premiſſes, Say upon their Oath, that the ſaid W. was guilty of the Treſpaſs aforeſaid, even as the ſaid R. had above Complained; And they Aſſeſſed the Damage of him the ſaid R. by reaſon of the Treſpaſs (as in the Verdict) for which it was conſidered at that time in the ſame Court before him the Lord the King, that the ſaid R. ſhould recover againſt the ſaid W, &c. (as in the Record) even as in that Record it more fully appeareth. And the ſaid R. ſaith, that afterwards the ſaid W.G. in Damage, Coſts, and charges aforeſaid, was convicted, and after Judgement was thereupon given; hitherto the ſaid W.G. the Damage Coſt and Charges unto the ſaid R. hath not paid, neither himſelf to the Priſon of the Marſhall of the Lord the King, before him the ſaid King, by that occaſion hath rendred, according to the form and effect of the Recognizance aforeſaid, by which an Action did accrew to the ſaid R. to require and have of the ſaid A. the aforeſaid 100. pounds, notwithſtanding the ſaid A. the aforeſaid 100. pounds unto the ſaid R. hath not yet rendered, but the ſame to him hitherto to render, hath denied, and as yet doth deny; Whereupon, &c.

Declaration for Coſts, for the Defendant, for the Plaintifs not proſecution. In the ſixth year of Queen Elizabeth. ſſ. G.F. Complaineth of I. W. in the Cuſtody of the Marſhall, &c. for that namely, that whereas in the Statute in Parliament of the now Queen, at Weſtminſter, in the County of Middleſex, in the eighth year of her Reign, by Prorogations continued, and then and there held, amongſt the reſt of the matters, it was contained, that when, and as often as any perſon or perſons, after the firſt day of January then next following, ſhould ſue forth, or by any means ſhould cauſe to be ſued forth, out of the Court of the ſaid Queen, commonly called the Kings Bench, any Writ or Proces of Latitat ali as, & Pluries Capias in the ſame Statute mentioned, againſt any perſon or perſons, who upon the ſame Writ or Writs, ſhould happen to be arreſted, or which ſhould appear upon the return of any the ſaid Writs or Proceſſes, and ſhould put in Bayl to anſwer ſuch ſute, which againſt him ſhould be brought according to the Common Courſe of the ſaid Court, that then in every Caſe, if the party or parties, at whoſe ſute, means, or procurement the ſaid Writ or Proces is obtained, or were ſued forth, within three dayes next after ſuch Bayl had and taken, ſhould not put in the ſame Court, his or their Declaration againſt the ſame party or parties, againſt whom ſuch Writs or Proces were ſued forth, or ſhould be; or if after Declaration had or put in the ſame Court, the Plaintif in ſuch caſe ſhould not proſecute the ſame with effect, but voluntarily and apparently to the ſaid Court ſhould ſuffer his or their Sute to be delayed, or after Declaration ſo had, ſhould ſuffer the Sute to be diſcontinued, or otherwiſe Non-ſute in the ſame, that then in every ſuch caſe the Judges of the ſaid Court for the time being, by their diſcretion from time to time, even as they ſhall ſee or perceive any ſuch default to be in the partie or parties, at whoſe Sute, means or procurement, ſuch Writs or Proces were ſued forth, ſhould grant and award unto every ſuch perſon and perſons ſo arreſted, vexed, moleſted or troubled by ſuch Writs or Sutes, his or their Coſts, Damages and Charges whatſoever ſo ſuſteined, by reaſon of ſuch Writ, Proces, arreſt, or Sute taken and ſued, or had againſt him, to be paid by ſuch perſon or perſons, which ſo procured any ſuch Writs or Proces to be ſued forth, as before it is ſaid. And further, by the ſaid Statute, It was enacted, that every perſon and perſons unto whom any Coſts, Charges, Damages, Forfeiture or payment of any ſum or ſums of money, by authority of the ſaid Act, ſhould be granted, adjudged, or forfeited, at all times from thence hereafter ſhould, or might have his, or the Remedy for the Recovery thereof, by his or their Action of Debt, Bill or Plaint in any Court of Record againſt ſuch perſon or perſons, their Heirs, Executors or Adminiſtrators, which ſhould or ought to have paid the ſame by virtue or force of the ſaid Act, in which Action, Bill or Plaint, No Eſſoyn, Protection, or Wager of Law ſhould be admitted or allowed unto any Defendant or Defendants in the ſame, as by that Act, amongſt other things plainly it doth, and may appear. Notwithſtanding which, the ſaid I.W. the ſaid Statute nothing at all regarding, nor the penalty in the ſame contained fearing, after the ſaid firſt day of January, in the ſaid Statute mentioned, that is to ſay, in the Term of St. Michael, in the 12th year of the Reign of the now Queen, out of the ſayd now Queen, here commonly called the Kings Bench at Weſtminſter, in the County of Middleſex, then being ſued forth, a certain Precept of the ſaid Queen, to the then Sheriff of Middleſex directed, to take the aforeſaid G. if, &c. and ſafely, &c. ſo that he ſhould have his body before the ſaid Queen at Weſtminſter, the day, &c. to anſwer unto the foreſaid J. of a Plea of Treſpas. Upon which ſaid Precept, the then Sheriff of the ſaid County of Middleſex retorned, that the ſaid I. was not to be found in his Bailiwick. Upon which on the behalf of the ſaid I. in the Court of the ſaid Queen, before her the ſaid Queen, it was ſufficiently teſtified, that the ſaid G. did lye hid, and run into the County of S. at the requeſt of the ſaid I. the ſaid Queen then Commanded the then ſheriff of the ſaid County of S. that he ſhould take the ſaid G. if he ſhould be found in his Bailiwick, and him ſafely to keep, ſo that he ſhould have his body before us at VVeſtminſter, the day, &c. to anſwer unto the foreſaid J. of the ſaid Plea of Treſpas, according to the expreſs of that Writ, the ſaid I.G. afterwards, that is to ſay, (in ſuch a day and year, &c.) at P. in the ſaid County of S. by M.F. the then Sheriff of the ſaid County of S. by virtue of the ſaid Writ of Latitat was arreſted, to anſwer unto the ſaid I. of the ſaid Plea, according to the Compulſion of that Writ, by pretence of which ſaid Writ, the ſaid G. afterward, that is to ſay, the day, &c. in the year aboveſaid, at VVeſtminſter, in the ſaid Court of the ſaid Queen, in his proper perſon appeared, and put in Bail to anſwer the ſaid I. of the ſaid Plea of Treſpas, according to the common Courſe of that Court. And the ſaid G. in fact ſaith, that the ſaid I. within three dayes next following the ſaid day of January, in the aforeſaid year did not put his Declaration in the ſaid Court againſt him the ſaid G. by pretence of which the ſaid G. in his proper perſon, as it is beforeſaid, appearing here in the Court of the ſaid Queen, before the ſame Queen, according to the form of the ſaid Statute, there was adjudged unto the ſaid G. 20. ſhillings for his Coſts, Charges and Damages, by occaſion of the Arreſt, and vexation of him the ſaid G. ſuſtained, by which an Action did accrew unto the ſaid G. to have and require of the aforeſaid I. the ſaid 20. ſhillings, according to the form of the ſaid Statute, &c. Notwithſtanding which, the ſaid I. although often required, &c. the ſaid 20. ſhillings, unto the ſaid G. hath not yet paid, but the ſame unto him hitherto hath altogether denyed to pay, and as yet denieth, to the Damage, &c. And thereupon, &c.

Declaration upon an Eſcape made by the Sheriff. Surrey, ſſ. A.B. Complaineth of C.D. Eſquire, late Sheriff of the County of E. in the Cuſtody of the Marſhall, &c. of a Plea, that he render unto him 101. pounds of lawfull money of England, In the like manner the Plaintiff declares in debt upon Judgement. which unto him he oweth, and unjuſtly detaineth, for that, that is to ſay, that whereas the ſaid A. formerly, that is to ſay, in the Term of St. Michael, in the 28. and 29. years of the Reign of E. now Queen of England, at VVeſtminſter, in the County of Middleſex, before her the ſaid Queen at VV. by F.G. his Attorney came and brought then, there in the ſaid Court his certain Bill againſt H.I. in the Cuſtody of the Marſhall, &c. of a Plea of Debt,Declaration in Debt upon Obligation. And there were Pledges to that Bill, that is to ſay, I. Doo, and R. Roo, which ſaid Bill ſo by him brought, followeth in theſe words, ſſ. London, ſſ. A.B. otherwiſe A.B. of, &c. complaineth of H.I. of, &c. otherwiſe called, &c. in the Cuſtody of the Marſhall of the Marſhalſey, &c. of a Plea, that he render unto him one hundred pounds of lawfull, &c. which to him he oweth, and unjuſtly deteyneth, for that namely, that whereas the ſaid H. the 20th. day of M. in the ſaid 28. eight year of the reign of the ſaid E. now Queen of England, at L. that is to ſay, in the Pariſh of the bleſſed Mary of the Arches, &c. by his certain Writing Obligatory with his Seal, &c. and unto the Court, &c. whoſe Date, &c. to be paid, &c. and ſo repeat the whole Declaration untill, And thereupon then he brought his Sute, &c. Afterwards, that is to ſay, Tueſday next after eight dayes of St. Hillary, The Importance. from thence forth next following, untill which day the ſaid H. had Licence to impart to the ſaid Bill, and then to anſwer, &c. before the ſaid Queen at VVeſtminſter, came the ſaid A. by his ſaid Attorney,Saith nothing in Debt. And the ſaid H. although ſolemnly called, came not, nor any for the ſaid H. ſaid any thing in barre or precluſion of the Action of the ſaid A. by which the ſaid A. then remained thereupon againſt him undefended,Judgement upon ſaith nothing in Debt. And that then in the ſame Court it was conſidered, that the ſaid A. ſhould recover againſt the ſaid H. his ſaid Debt, and alſo 20. ſhillings for his Damages which he had ſuſteyned, aſwell by occaſion of the deteining of that Debt, as for his Charges and Coſts by him about his Sute in that behalf put to, And that the ſaid H. ſhould be in mercy, &c. as by Record thereof in Court of the ſaid Queen, here remaining more fully appeareth. And afterwards, that is to ſay, the fifth day of July, in the 29th. year of the Reign of the ſaid Queen, for that the ſaid H. the ſaid Debt and Damages unto him the ſaid A. had not paid, the ſaid A. ſued forth out of the Court of the ſaid Queen, here at Weſtminſter aforeſaid, a certain Writ of the ſaid Queen, to take the ſaid H. to ſatisfie him the ſaid A. of and for the ſaid Debt and Damages, directed to the ſaid Sheriff of the County of E. and retornable before the ſaid Queen at Weſtminſter, in the County of Middleſex, Monday next after three weeks of St. Michael from thenceforth next following, which ſaid Writ, the ſaid A. afterwards, and before the retorn of the ſame, that is to ſay, the tenth day of S. then next following at Weſtminſter aforeſaid, delivered to the ſaid C.D. the Sheriff of the ſaid County of E. then being in form of Law to be executed, by pretence of which ſaid Writ, the ſaid C. afterwards, that is to ſay, the 13th day of October, in the 29th year aboveſaid, at K. in the County of E. aforeſaid, took and arreſted the ſaid H. and him ſo arreſted, did lead to the priſon of her the ſaid Queens Gaol of E. called E. Gaol, within the Town of E. in the ſaid County of E. in his Cuſtody, and the ſame H. in the Priſon of her the ſaid Queens Gaol of E. aforeſaid, in the ſaid County of E. in his Cuſtody had, in Execution of, and for the ſaid Debt and Damages, untill the Tenth day of November, in the 29th year aboveſaid, and him the ſaid H. ſo in Execution for the ſaid Debt and Damages under the Cuſtody of the ſaid C. then Sheriff of the ſaid County of E. being, the ſame C. afterwards, that is to ſay, the ſame Tenth day of November, in the 29th year aboveſaid at Southwark, in the County of Surrey aforeſaid, the ſame H. without leave, and againſt the will of him the ſaid A. out of the Cuſtody of him the ſaid A. ſuffered to eſcape, and to go at large whither he would, the ſaid A. for the ſaid Debt and Damages, or any penny thereof then being altogether unſatisfied, by which an Action did accrew unto the ſaid A. to require, and have of the ſaid C. the ſaid 101. pounds, Notwithſtanding the ſaid C. although often required, &c. the ſaid 101. pounds unto the ſaid A. hath not as yet paid, but the ſame to him hitherto hath altogether denyed to pay, and as yet doth deny, to the Damage of him, &c.

Proteſtation he did not ſuffer to go at large.And the ſaid C. by N.O. his Attorney commeth and defendeth the force and Injury, when, &c. becauſe proteſting that the ſaid C. did not take and arreſt him the ſaid H. by virtue of the ſaid Writ, as the ſaid A. above againſt him Complaineth for Plea, the ſaid C. ſaith, that he the ſaid C. did not ſuffer the ſaid H. to eſcape, and to goe at large whither he would, in manner and form, as the ſaid A. before againſt him declared. And of this, &c. And the ſaid, &c. therefore, &c.

Declaration upon Accompt after Auditors aſſigned, when the Defendant is found in arrears. ſſ. T.S. Complaineth of A.B. in the Cuſtody of the ſaid Marſhall, &c. of a Plea, that he render unto him 6. pounds of good and lawfull money, &c. which, &c. for that, to wit, whereas the ſaid A. B. ſuch a day and year, at, &c. with the aforeſaid T. before I. and F. Auditors, aſſigned by the ſaid T. to hear the Accompt of him the ſaid A.B. had accompted concerning divers ſums of money of his the ſaid T. by the aforeſaid A. to the Accompt of the ſaid T. when he was thereunto required, before that time received, and upon that Accompt the ſaid A. was found in arrerages towards him the ſaid T. in the aforeſaid 6. pounds, by which an Action did accrew unto the ſaid T. to require and have of the ſaid A. the aforeſaid ſix pounds, the ſaid A. notwithſtanding, although often, &c.

ACTIONS OF PROHIBITION. PROHIBITION.

ſſ. MEmorandum, England. Suggeſtion where the Suggeſtor affirmeth the Tenement whereof the Tithes are required to be held parcel of a Priory. that the Tueſday next after the Month of Eaſter, in that ſame Term, before the Queen at Weſtminſter, cometh W. C. in his proper perſon, and giveth unto the ſaid Queen here to be underſtood, that whereas M.W. late Prioreſſe of the late Priorſhip of P. in the County of W. was of late ſeized of, and in the ſame late Priorſhip, of and in one Orchard, one Cloſe, called the Barn-yard, containing by eſtimation half an acre of Meadow, and Paſture of one Cloſe and Meadow, called Mott Meadow, conteining by eſtimation ſixteen acres of Paſture in P. in the ſaid County, unto the ſame late Priory lately belonging and apperteining, and parcell of the poſſeſſions thereof, and from the time of which, the Memory of men is not to the contrary, untill the time of the Diſſolution or ſuppreſſion of the ſaid late Priory, and alſo at the time of the diſſolution or ſuppreſſion of the ſame, for himſelf, his Farmers or Tenants thereof for the time being, amongſt other things they had held and occupied, diſcharged of, and from the payment of any Tythe of Hay, of, in, or upon thoſe Tenements with th'appurtenances, or any parcell thereof yearly in whatſoever manner by the whole time aforeſaid, growing, renewing, comming forth or happening, and the ſaid late Prioreſſe, of the ſaid late Priory, and of the ſayd Tenements with th'appurtenances, ſo as it is beforeſaid, from the payment of the Tythe of Hay thereupon growing, renewing or taken, being ſeized, diſcharged, the ſaid late Priory, and all the Lands, Tenements, and Hereditaments unto the ſame late Priory lately belonging, whereupon, &c. by force of a Statute in Parliament at Weſtminſter, in the County of Middleſex, in the 27th year of the Reign of H. 8.Statute of • 7 year of H. 8. for ſuppreſſion of land belonging unto religious houſes. late King of England, held, publiſhed, were ſuppreſſed or diſſolved, and to the hands of the ſame late King by virtue of that ſuppreſſion, came, by virtue of which the ſaid late King was ſeized, of and in the ſaid late Priory, and the ſaid Tenements, called M. Meadow, and R. Cloſe in his Demeſn, as of Fee in right of his Crown of England. And whereas in the Statute in Parliament of the ſaid late King H. 8.Statute of 31. year of H. 8. for the diſcharge of their land for the payment 〈◊〉 Tithes, &c. held at VVeſtminſter aforeſaid, the 28. day of April, in the year of his Reign the 31th, amongſt other things, It was firmly Ordeined, that as well the ſaid late King, his Heirs and Succeſſors, as all and ſingular other Perſons, their Heirs and Aſſigns, who then had, or from thenceforth afterwards ſhould have any Monaſteries, Abbeys, Priories, Nunneries, Colleges, Hoſpitalls, Fryer houſes, or other Eccleſiaſticall houſes, or places, Sites, Circuits, and Precincts of them, or any of them, or any Mannors, Rectories, Appropriations, Tythes, Penſions, Portions, or any Hereditaments whatſoever, which before then did belong or appertein, or which then did belong or appertein unto the ſaid Abbeys, Monaſteries, Priories, Nunneries, Colleges, Hoſpitalls, Fryer houſes, or other Religious and Eccleſiaſticall houſes or places, or unto any of them, they ſhould have, hold, reteyn, keep and enjoy aſwell the ſaid Rectories, Appropriations, Tythes, Pentions, Porſions, as the ſaid Monaſteries, Abbeys, Priories, Nunneries, Colleges, Fryer houſes, and other Religious and Eccleſiaſticall houſes, Sites, Circuits, and Precincts, Mannors, Meſſuages, Lands, Tenements, and other Hereditaments whatſoever, and all of them according to their eſtates, and every of their Titles, diſcharged and acquitted from the payment of Tythes, ſo freely, and in as ample manner and form, as the ſaid late Abbots, Priors, Nuns, Prioreſſe, and Eccleſiaſticall Governours, or Governeſſes, or of any of them, they ſhould have, hold, occupy poſſeſſe, uſe or enjoy the ſame, or any parcell thereof, at the dayes of their diſſolution, ſuppreſſion, diſſertion, forfeiture, Surrender, or comming to the hands of the ſaid late King, of ſuch Monaſteries, Abbeys, Priories; Nunneries, Colleges, Hoſpitalls, Fryer houſes, or other Religious houſes, or places, or at the day of Diſſolution, Surrender, or be comming to the hands of the ſaid Late King of any of them by the ſaid Act, or any thing in the ſame conteined to the contrary thereof notwithſtanding, by force of which ſaid Statute, or by pretence of the reſt of the Premiſſes, the ſaid late King H. 8. held the ſaid Premiſſes, with the appurtenance called M. Meadow, and R. Cloſe by himſelf, his Farmees and Tenants thereof, had, and held diſcharged from the payment of the Tyth of Hay, of, in, and upon the ſame tenements, with th'appurtenance, or any parcell thereof yearly in whatſoever manner growing, renewing, comming or happening, and ſo thereof being ſeized the ſaid late King afterwards, that is to ſay _____ day _____ in the year of his Reign _____ at Weſtminſter, in the County of Middleſex, by his Letters Patents, ſealed with his great Seal of England, and in due manner executed, bearing date the ſame day and year, gave and granted the ſaid Tenements with th'appurtenances called M. Meadow, and R. Cloſe with th'appurtenance unto the aforeſaid W.C. To have to him, and his Heirs for ever, To hold of the ſame late King, as of _____ by pretence of which ſaid Letters Patents, the ſaid W.C. into the ſaid tenements called M. Meadow, and R. Cloſe, with th'appurtnance, entred, and was thereof ſeiſed in his Demeſn, as of Fee, and ſo thereof being ſeized, the ſame tenements, with th'appurtenances, by himſelf, his Farmers or Tenants, had and held, diſcharged from the payment of any Tyth of Hay, of, in, or upon the ſaid Tenements called M. Mead, and R. Cloſe, or any parcell thereof, yearly in whatſoever manner, growing, renewing, comming or happening, by pretence of the ſaid Act, and of the reſt of the Premiſſes. And whereas alſo in the Statute in Parliament of the ſaid late King H. 8.Statute 31. H. 8. that no perſon ſhould be ſued or conſtrained to pay Tythes, where, &c. The like Statute of the ſecond year of Edw. the 6th: held at Weſtminſter aforeſaid, in the 31. year aboveſaid, It was enacted, that no perſon nor perſons ſhould be ſued, or conſtrained to render, give or pay any Tythes for any Mannors, Lands, Tenements, or Hereditaments, which by the Laws and Statutes of this Kingdom of England, or by any Privilege or preſcription were not chargeable with the payment of Tythes, And further, whereas in the Statute of the late King Edw. the 6th in the ſecond year of his Reign, amongſt other things firmly it remaineth, that no perſon ſhould ſue, or otherwiſe Compell to render, give or pay Tyths for any Mannors, Lands, Tenements or Hereditaments, which by the Lawes and Statutes of this Kingdom of England, or by any Privilege or Preſcription were not chargeable with the payment of any ſuch Tythes of Hay thereupon growing, taken or had, but by that whole time were, and every part and parcell thereof, was altogether diſcharged from the payment of ſuch Tythes, as afore it is ſaid; And whereas alſo ſuch cauſes or buſineſſes, and the Cognizance of the ſame Pleas of Tythes againſt the form of the aforeſaid Acts and Statutes demanded, ſhould not appertain to the Eccleſiaſticall Court, in any manner, notwithſtanding the ſaid W.S. Farmer of the Rectory of R. in the ſaid Counties of Warwick, Worceſter Dioceſſe, not being ignorant of the Premiſſes, thinking him the ſaid W.C. againſt the due form of the Law of this Kingdom of England, and againſt the form and effect of the ſaid Statute unduly, to grieve, oppreſſe and weary, and alſo the ſaid now Queen, and her Regall Crown, and the Cognizance of Pleas to deprive, which to the ſaid Queen, and her Regall Crown, and not to the Court Chriſtian doth belong, to another Tryall in the Chriſtian Court, to bring him the ſaid W.C. into the ſaid Court before the Worſhipfull, &c. as inſuing of, and for the taking away, and non-payment of the Tyth of Hay by the ſaid W. C. of, in, and upon the Tenements, with th'appurtenances, in the year of our Lord 1570. from thence comming, had and taken the ſuppoſed Tyth of that Hay, to have been thereout comming of the ſaid Cloſes called R. and M. and of divers parcells of Meadow unto the ſame adjoyning, and unto the Mannor of P. belonging and appertaining, within the bounds and Limits of the ſaid Pariſh Church of R. and the tythable places of the ſame brought into the Plea, and the ſaid W. S. him the ſaid W. C. in the Court Chriſtian aforeſaid, before the ſaid ſpirituall Judge, by the ſaid occaſion to appear, and unto the ſaid W. S. of and in the Premiſſes unjuſtly inforced to anſwer; And although the ſaid W. C. the ſaid matter in this ſuggeſtion conteined in the ſaid Court Chriſtian, before the ſaid ſpirituall Judge in his diſcharge, in the Premiſſes had pleaded, and brought inevitable teſtimony to prove the ſame, Notwithſtanding the ſaid Judge altogether refuſed to admit the ſaid Plea, and allegation, And the ſaid W. C. in the ſaid cauſe if Subſtraction of the ſaid Tyth to condemn, and to compell him to pay the ſaid Tyth of Hay, by the definitive ſentence of the ſaid Court Chriſtian, and with all his forces indeavoured, and from day to day was d • viſing, to the Contempt of the now ſaid Queen, and the Damage, prejudice, impoveriſhing, and manifeſt grievance of him the ſaid W. C. and againſt the force, form, and effect of the ſaid Statute. And this the ſaid W. C. is ready to prove; Whereupon the ſaid W. C. moſt humbly imploring the aid and munificence of the Court of the ſaid Queen, unto him deſireth Remedy, and a Writ of the ſaid Queen of Prohibition unto the ſaid ſpirituall Judge, or unto any Competent Judge in this behalf whatſoever to be directed, that neither they, nor any of them, the ſaid Plea touching the premiſſes in what manner ſoever, before them, or any of them may any further hold, &c. And it is granted to him, &c.

A Declaration for that the Defendant 〈◊〉 p • oſecuted in the Court Chriſtian after the Queens Pr • h • b • tion.U.K. Eſquire, who aſwell for the ſaid Queen proſecuteth, as for himſelf, Complaineth of W.S. Farmer, of all and ſingular the Tythes to the Rectory of the pariſh Church of Badby, with Ne •• ham, in the County of Northampton aforeſaid, in the Dioceſſe of Peterborrough, and of the Province of Canterbury, in the Cuſtody of the Marſhall. &c. of a Plea, wherefore he is proſecuted in the Court Chriſtian, againſt the Queens Prohibition unto him formerly thereof to the contrary directed and delivered, for that,Suggeſtion for Prohibition for that the ſaid Rectory unto an Abbot was app • opriate, and h • ld diſcharged of the payment of any Tithes. that is to ſay, that whereas within the ſaid Pariſh of B. with N. in the ſaid County of N. there hath been and remained, and from the time of which contrary the Memory of men remaineth not, there had been accounted, and there were aſwell a Rector and a Vicar, as a Rectorie and Vicarage of the pariſh Church of B. with N. aforeſaid, which ſaid Rectory is, and from time out of the memory of man was a Rectorie appropriate; And whereas Philip late Abbot of the late Monaſtery of the bleſſed Mary of St. Ogwin of Everſham in the County of VVorceſter, at the time of the diſſolution, and ſuppreſſion of the ſame late Monaſtery, and all his Predeceſſors, Abbots of the ſame late Monaſtery for the time being, from the time out of the memory of man, were ſeized, aſwell of the ſaid Rectory with th'appurtenances, as of D. acres of Land, 40. acres of Meadow,Together, at once, and all at once ſeized. and 100. acres of Paſture with th'appurtenance in B. with N. aforeſaid, called the Demeſns, together and at once, and all at one time in his Demeſn, as of Fee in the right of his ſaid late Monaſtery, and that by reaſon thereof, the ſaid late Abbot, and all his Predeceſſors Abbots of the ſaid late Monaſtery for the time being, the ſaid Tenements with th'appurtenances, called the Demeſns, and every parcell thereof, from time out of mind, untill at the time of the diſſolution or ſuppreſſion of the ſaid late Monaſtery; And alſo the ſaid late Abbot at the time of the diſſolution or ſuppreſſion of that Monaſtery, held and enjoyed, diſcharged and acquitted, of, and from the payment of the Tythes following, that is to ſay, of the Tythes of Grain & Hay, of, in, or upon the ſaid Tenements, with th'appurtenances, called the Demeſns, yearly in whatſoever manner growing, happening, renewing, or comming, and the Tythes of Lambs and of Wooll ſheer'd by Sheerers, falling and happening of Sheep, in or upon the ſaid Tenements, with th'appurtenances, depaſturing, feeding, and lying, and alſo of the Tythes of Heifers and of Milk, falling, happening, and milkt of Cowes in and upon the ſame Tenements with th'appurtenance, depaſturing, feeding and lying; and alſo the Tythes of Herbage, and of whatſoever dry or barren Cattell, in and upon the ſaid Tenements, with th'appurtenance, depaſturing, feeding and lying; and alſo of the Tythes of Pigs falling, and happening of Sows, in and upon the ſame Tenements, with th'appurtenances, depaſturing, feeding, and lying; and alſo of the Tythes of Wood, and Underwood, growing and happening in and upon the ſaid Tenements, with th'appurtenance. And whereas the ſaid late Abbots, as well of the ſaid Rectory with th'appurtenance, as of the ſaid Tenements with th'appurtenance, called the Demeſns, for the payment of the ſaid Tythes for the ſaid occaſion afore alleged, is diſcharged, as before, it is ſaid,Statute of 31. H. 4. for holding religious Lands in ſuch form as Abbots, &c. and others held. being ſeized by a Statute in Parliament of H. 8. late King of England held at VVeſtminſter the 23. day of April, in the 31. year of his Reign, amongſt other things it was ordained, and firmly remaineth, that aſwell the ſaid late King, his Heirs and Succeſſors, as all and ſingular ſuch perſon and perſons, their Heirs and Aſſigns, who then had, or from thence afterwards ſhould have any Monaſteries, Abbeys, Priories, Nunneries, Colleges, Hoſpitalls, Fryer houſes, or other Eccleſiaſticall houſes or places, Sites, Circuits, and Precincts, of them or any of them, or any Mannors, Meſſuages, Rectories, appropriate Tythes, Penſions, Portions, or other Hereditaments, whatſoever they ſhould be, which belonged or appertained, or which then, that is to ſay, at the time of the publiſhing of that Statute, did belong or appertain unto the ſaid Monaſteries, Abbeys, Priories, Nunneries, Colleges, Hoſpitalls, Fryers houſes, or other Religious and Eccleſiaſticall houſes or places, or unto any of them, they ſhould have, hold, retein, keep, and enjoy, aſwell the ſaid Rectories, appropriate Tythes, Penſions, and Portions, as the ſaid Monaſteries, Abbeys, Priories, Nunneries, Colleges, Hoſpitalls, Fryer houſes, and other Religious and Eccleſiaſticall houſes and places, Sites, Circuits, Precincts, Mannors, Meſſuages, Lands, Tenements, and other Hereditaments whatſoever they ſhould be, and every of them, according to their Eſtates and Titles, diſcharged, and acquitted from the payment of Tithes, as freely, and in as large and ample manner as the ſaid late Abbots, Priors, Abbeſſes, Prioreſſes, and other Eccleſiaſticall Governours and Governeſſes, or any of them had held, occupied, poſſeſſed, uſed, reteined, or enjoyed the ſame, or any parcell thereof at the dayes of their diſſolution, ſuppreſſion, renouncing, diſſertion, forfeiture, giving up, or comming to the Highneſs of the late King, of ſuch Monaſteries, Abbeys, Priories, Nunneries, Hoſpitalls, Friers houſes, or other Religious or Eccleſiaſticall houſes or places, or at the day of diſſolution, ſuppreſſion, renuntiation, deſertion, giving up, or comming to the hands of the ſaid late King, of any of them, by the ſaid Act, or any thing in the ſame conteined to the contrary thereof notwithſtanding, as by the ſaid Statute, among other things more fully it doth, and may appear.Giving up of the Abbey land, by the Abbot unto the King. The foreſaid late Abbot, as well of the ſaid Rectory, as of the ſaid Tenements with th'appurtenances, called the Demeſns from the payment of the ſaid tithes was diſcharged, as afore is ſaid in form aforeſaid, being ſeized, the ſaid late Abbot the 28. day of January, in the ſaid 31. year of the Reign of the ſaid late King H. 8. at Weſtminſter aforeſaid, by the aſſent of the ſaid late Monaſtery then called together by his certain Writing, then ſealed with the Conventuall Seal of the ſaid late Monaſterie, and in the Chancery Court, of the ſaid late King at Weſtminſter aforeſaid, then held and being, and in due manner inrolled, of Record, bearing date the ſame day and year, gave, granted, and gave up unto the ſaid late King H. 8. the ſaid late Monaſtery, and alſo the ſaid Rectory, and the ſaid Tenements called the Demeſns, with th'appurtenances amongſt ather things, To have and to hold unto the ſaid late King, his Heirs and Succeſſors, amongſt other things for ever, by virtue of which, and by force of the ſaid Statute, the ſaid late King H. 8. was of that Mannor, Rectory, and Tenements, with th'appurtenances, amongſt other things ſeized in his Demeſn, as of Fee in the right of his Crown of England, and ſo thereof being ſeized, the ſaid Tenements, with th'appurtenances called the Demeſns, and every parcell thereof, held and enjoyed, and ought to hold and enjoy, diſcharged and acquitted from the payment of any Tithes aforeſaid above in this behalf recited, of, in or upon the ſaid Tenements, with th'appurtenances, called the Demeſns, and every, or any parcell thereof, yearly, in manner and form aforeſaid, above in this behalf alleged, in any manner, growing, happening, ſheering, milking, or renewing (by pretence of the ſaid Act) of the reſt of the premiſſes, and the foreſaid late King, of the ſame Tenements with th'appurtenance, called the Demeſns, from the payment of the ſaid Tithes, in that manner aforeſaid, diſcharged in form aforeſaid, being ſeized, the ſaid late King,Intailment made by Letters Patents of the King. the 20th day of April, in the 34th year of his Reign, at Weſtminſter aforeſaid, by his Letters Patents, ſealed with his great Seal of England, and in due manner made, and to the Court of the ſaid now Queen here proffered, bearing date the ſame day and year, gave and granted the ſaid Tenements with th'appurtnances, called the Demeſns, unto one E.R. Knight, and unto the Lady V. then his Wife, To have and to hold to them the ſaid E. and V, Form of pleading of a Deed in the tayl. and the Heirs males of the body of him the ſaid E. lawfully begotten, and for default of ſuch iſſue, the Remainder thereof unto one F. R. Eſquire, brother of the ſaid E. and to the Heirs males of the body of him the ſaid E. lawfully begotten, and for default of ſuch iſſue, the Remainder thereof unto the right Heirs of one R. R. Knight then deceaſed, late Father of the ſaid E. for ever, To hold of the ſaid late King, his Heirs and Succeſſors in Chief, by the Tenth part of one Knights fee, As by thoſe Letters Patents amongſt other things more plainly it doth, and may appear; By pretence of which ſaid Letters Patents, they the ſaid E. and V. into the ſame Tenements with th'appurtenances, called the Demeſns, entred, and were thereof ſeized, that is to ſay, the ſaid E. in his Demeſn, as of Fee tayl, in form aforeſaid, and the ſaid V. in her Demeſn, as of Free-hold for term of her life, the Remainder thereof, as aforeſaid is remaining, and the ſaid E. and V. of the ſame Tenements with th'appurtenances, called the Demeſns, in that manner afore-ſpoken of, being ſeized, they the ſaid E. and V. the ſame Tenements with th'appurtnances likewiſe held and enjoyed, of, and from the payment of the ſaid Tithes before in this behalf alleged, in whatſoever manner growing, happening, ſheering, milking, or renewing,By right of increaſe. altogether diſcharged, by pretence of the ſaid Act, and of the reſt of the Premiſſes, and ſo thereof being ſeized the ſaid E. afterwards at B. with N. aforeſaid, dyed without Iſſue male of his body lawfully begotten, and the ſaid V. him ſurvived, and held her ſelf in, into the ſaid Tenemenes with th'appurtences, called the Demeſns, and was thereof ſolely ſeized in her Demeſn, as of Freehold for term of her life, the remainder thereof in form aforeſaid being, And the ſaid V. of the ſame Tenements with th'appurtenances in that manner afore ſpoken,Note whenſoever any doth allege land to be diſcharged from the paying of Tithes, and the ſame land was conveyed from the King to divers perſons, the Plaintif in Prohibition ought to allege the ſame lands to be held and diſcharged by whatſoever perſons uſing the ſame lands. being ſeized, She the ſaid V. likewiſe held and enjoyed the ſaid Tenements with th'appurtenances altogether diſcharged of, and from the 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'appurtenances, in thoſe years of the Lord, depaſturing, feeding, and lying, &c. and ſo repeat all the Tithes the Defendant ſued for in the 8th day of October, in the 31. year of the Reign of the ſaid now Queen, at London, that is to ſay, in the Pariſh of the bleſſed Mary in the Arches, &c. drew into Plea, and the ſaid Defendant, him the ſaid V. the now Plaintif, into the ſaid Court Chriſtian, before the ſaid ſpirituall Judge, by the ſaid occaſion, altogether unjuſtly inforced to appear, and to anſwer unto the Defendant, of and in the premiſſes, And although the ſaid V. the now Plaintif, the ſaid Statute, and the reſt of the premiſſes in diſcharge of the payment of the ſaid Tithes by the ſaid Defendant in the ſaid Court Chriſtian, as afore it is ſaid, being required often had pleaded and alleged, and had brought to prove that truth, inevitable teſtimony; Notwithſtanding which, the ſaid ſpirituall Judge altogether refuſed to admit that Plea and Allegation; And the ſaid Defendant, him the ſaid V. the now Plaintif, in the ſaid Court Chriſtian, in the ſaid Cauſe of Subſtraction of the Tithes aforeſaid, with all his force indevoured, and from day to day deviſed to condemn, and to compell to pay the ſaid Tithes unto him by the definitive Sentence of the ſaid Chriſtian Court.Delivery of the Writ of Prohibition alleged. And although the Writ of Prohibition of the ſaid now Queen, unto the ſaid Defendant the third day of November, in the 31. year of the Reign of the ſaid now Queen aforeſaid, at London aforeſaid, in the Pariſh of, &c. in this behalf, in the premiſſes directed, and was delivered; Notwithſtanding the ſaid Defendant, the ſaid Plea after that Prohibition unto him to the Contrary thereof directed & delivered, as afore is ſaid, that is to ſay, the ſeventh day of November, in the 31. year of the Reign of the ſaid now Queen aboveſaid, in the ſaid Court Chriſtian, before the ſpirituall Judge at London aforeſaid, in the Pariſh, &c. was further ſued, and in that Plea proceeded, notwithſtanding the ſaid Writ of the ſaid Queen of Prohibition unto him in form aforeſaid directed and delivered, to the contempt of the ſaid now Queen, and to the manifeſt damage, prejudice, Impoveriſhment and grief of him the ſaid V. the now Plaintif, and againſt the form and effect of the ſaid Acts and Statutes, whereupon the ſaid V. the now Plaintif, who aſwell, &c. ſaith that he is the worſe, and hath damage to the value of 26. pounds, And thereupon aſwell for the ſaid Queen, as for himſelf, produceth the Sute, &c. with this, that the ſayd V. the now Plaintif will prove, that the ſayd V.R. who demiſed the ſaid Tenements, with th'appurtenances, called the Demeſns, unto the ſaid V. the now Plaintif, in form aforeſaid, is yet alive, and in full life at B. with N. aforeſaid remaineth.

And the ſaid Defendant by Stephen Worley his Attorney commeth,Defendant ſaith, that the Abbot did not hold the Tenements diſcharged from the payment of Tithes. and defendeth the force and Injury, when, &c. all Contempt, and whatſoever, &c. And ſaith that he did not ſue the ſaid Plea in the Court Chriſtian aforeſaid, after the Queens Prohibition unto him to the contrary thereof firſt directed, and delivered in manner and form as the ſaid Plaintif above and againſt him Complaineth. And of this, &c. And the ſaid, &c. But for Conſultation of the ſaid now Queen thereupon had, the ſaid Defendant proteſting that the ſaid Rectory is not, nor from the time, &c. was a Rectory appropriate,Proteſtation. and proteſting alſo, that the ſaid late Abbot of the ſaid late Monaſtery of the bleſſed Mary, and St. Egwyn of Eveſham aforeſaid, at the ſaid time of the diſſolution and ſuppreſſion of the ſaid late Monaſtery, by all his Predeceſſors, Abbots of the ſame late Monaſtery for the time being, from the time of which to the contrary, &c. were not ſeized aſwell of the Rectory aforeſaid with th'appurtenances, as of the ſaid 500. acres of land, 40. acres of Meadow, and 100. acres of Paſture with th'appurtenances, in B. with N. aforeſaid, called the Demeſns,Together at once, and all at once. together at once, and all at once in his Demeſn, as of Fee in the right of his ſaid late Monaſtery, And alſo proteſting, that by reaſon thereof, the ſaid late Abbot, and all his Predeceſſors Abbots of the ſaid late Monaſtery, for the time being, did not hold the ſaid Tenements with th'appurtenance, called the Demeſns, and every parcell thereof, from the time of which to the contrary, &c, untill the ſaid time of the diſſolution, or ſuppreſſion of the ſaid late Monaſtery, in manner and form as the ſaid Plaintif afore againſt him complaineth, for Plea the ſaid Defendant ſaith, that the ſaid late Abbot at the ſaid time of the diſſolution or ſuppreſſion of that Monaſtery, did not hold and enjoy the ſaid Tenements called the Demeſns, and every parcell thereof, diſcharged, and acquitted, of, and from the payment of the ſaid Tithes, in manner and form, as the ſaid Plaintif before againſt him complaineth. And of this, &c. And the ſaid, &c. therefore, &c.

England ſſ. Mich. 11. 22. of Eliz. Statute of 13. R. 2. MEmorandum, that ſuch a day in that ſame Term before the ſaid Queen at Weſtminſter, came Jo. Osborn in his proper perſon, and giveth the Court of the ſaid now Queen, here to be underſtood, that whereas in the Statute in Parliament, of the late Lord Richard, late King of England, the ſecond after the Conqueſt, at Weſtminſter, in the County of Middleſex, in the 13th year of his Reign held, publiſhed amongſt other things, that the ſaid Admiralls or their Deputies of any buſineſs within the Kingdom of England, unleſs onely of a matter upon the Sea done,

Suggeſtion for a Prohibition to the Admiralty for that it holdeth Plea for words.

Statute of 15. year of R. 2.

as in the time of the ſaid now Queen Elizabeth, the third year of the Reign of _____ late King of England, was duly uſed, and in no wayes whatſoever they themſelves ſhould hinder; And whereas alſo in the Statute in Parliament of the late King Richard the ſecond at Weſtminſter, aforeſaid, in the 15th year of his Reign held, amongſt other things Ordeined, and firmly it remaineth, that all manner of Contracts; Pleas and Plaints, and all other matters ariſing within the body of the County, aſwell by Land as by Water, and alſo of Wreck of Sea, the Court of Admiralty ſhould in no wayes have the Cognizance, power nor Juriſdiction;Cognizance of Plea. And that all ſuch Contracts, Pleas and Plaints, and all other Emergencies within the body of the County, aſwell by Land as by Water, as before is ſaid, and alſo Wreek of Sea, ſhould be tryed, ended, diſcuſſed, and remedied by the Lawes of the Land, and not before the Admirall, nor by the Admirall, nor by his Deputy in any 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 the ſaid Tenements, with th'appurtenances, intruded himſelf, and by that intruſion was thereof ſeized in his Demeſn, as of Fee, and ſo thereof being ſeiſed, made the foreſaid Demiſe unto the ſaid J. A. in form aforeſaid, And the ſaid T. A. afterwards dyed without Heir of his body begotten, after whoſe death, the right of the ſaid Tenements, with th'appurtenances, deſcended unto one E. then the Wife of him the ſaid I. A. as Siſter and Heir of him the ſaid T. him the ſaid I. A. being then poſſeſſed of the ſaid Tenements, with th'appurtenances, by vertue of the ſayd Demiſe, And the ſaid I. and E. immediately after the death of the ſaid T. claimed the ſaid Tenements, with th'appurtenances, in the right of her the ſaid E. And the ſaid I. A. further ſaith, that at the ſaid time, the ſaid T. was nothing in arrear of the ſaid Leaſe, unto the ſaid R. And this he is ready to prove, whereof, from which the ſaid R. before acknowledging the taking of the ſaid Cattell, prayeth Judgement, and his Damages by that occaſion to be adjudged unto him, &c.

Defendant ſaith, that true it is that N. was ſeized, &c. and thereof infeoffed him the Defendant, and one R. C. who afterwards dyed, by pretence of which the Defendant was alone ſcized by right of Incroachment, and after that made a Demiſe, &c. Right of Encroachment without this. ſſ. AND the ſaid R. R. ſaith, that well and true it is, that the ſaid N. was ſeized of the ſaid Tenements, with th'appurtenances in his Demeſn, as of Fee, and ſo thereof ſeized, thereof infeoffed him the ſaid R. and one R. C. to have to them and their Heirs for ever, by vertue of which ſaid Feoffment, they the ſaid R. and R. were thereof ſeized in their Demeſn, as of Fee, and the ſaid R. C. afterward dyed of ſuch eſtate thereof ſeized, And the ſaid R. above joyned himſelf, and of the ſaid Tenements, with th'appurtenances, was alone ſeized in his Demeſn as of Fee, by right of Incroachment, and ſo thereof ſeized the ſaid Demiſe unto the foreſaid I. A. in form aforeſaid made, in which form the ſaid R. the ſaid R. by his ſaid Avouchment before ſuppoſeth, without this, that the ſaid R. into the ſaid Tenements, with th'appurtenances, after the death of the ſaid N. intruded himſelf, in which form the ſaid A. before in pleading, hath alleged; And this he is ready to prove, whereupon, as formerly, he prayeth Judgement, and the retorn of the ſaid Cattell, to be adjudged unto him, &c.

ſſ. AND the ſaid I. A. ſaith,Iſſue upon Intruſion, &c. that the ſaid R. into the ſaid Tenements with th'appurtenances, after the death of the ſaid N. intruded himſelf, in what form the ſaid above in pleading hath alleged, And this he prayeth may be inquired of, &c.

ſſ. AND the ſaid R.R. and T. G. by W. H. their Attorney cometh and defendeth the force and injury, when,Defendant as Servant acknowledgeth the taking of the Cattell, and parcell of the Rent ſo in arrear, by the name of Diſtreſſe. Par. 18. H. 7. ro'. lxxv. &c. all Caption, and whatſoever, And ſaith that the ſaid A. T. his ſaid Action againſt them ought not to maintain, becauſe he ſaith, that one G. B. long before the ſaid time, in which, &c. was ſeized of a certain Tenement, with th'appurtenances, heretofore of I. H. in the ſaid Pariſh, whereof the ſaid place, in which, &c. is, and at the ſaid time, in which, &c. was parcell in his Demeſn, as of Fee, And ſaith that one E. Prior of the Church of St. George of Cambridge, and all his Predeceſſors, Priors of that Monaſtery, from time out of mind, were ſeized of a certain annuall Rent, of two ſhillings four pence, iſſuing out of the ſaid Tenements, with th'appurtenances, whereof the ſaid place, in which, &c. is, and then was parcell in his Demeſn, as of Fee, as in right of that Monaſtery, at the Feaſts of St. Michael the Arch-Angel, and of the Annuntiation of the bleſſed Virgin Mary, to be paid by equall portions, and that the ſaid Prior, and all his Succeſſors, from the ſaid time out of mind,Preſcription pleaded to diſtrein for Rent. uſed to diſtrein for the ſaid Rent of 2. ſhillings four pence, as often, as at any Feaſt of the ſaid Feaſts, it was in arrear in part, or in the whole, not paid upon the ſaid Tenements, with th'appurtenances, whereof the ſaid place in which, &c. is, and then was parcell, and the Diſtreſſes ſo there taken, to lead, drive, and in poſſeſſion to keep them untill full ſatiſfaction ſhould be unto him of the ſaid annuall Rent, and the Arrerages of the ſame, if any were. And further, that they the ſaid R. and T. ſay, that for 23. ſhillings 4. pence being behind for ten years parcell of 6. pounds, 6. ſhillings 8. pence being behind, at the Feaſt of St Michnel in the 18th year of the Reign of the now King for 40. years next before the ſaid Feaſt, the ſaid R. and T. as Servants of him the ſaid now Prior, and by his Command at the ſaid time, in which,Inquire if it ſhould not be, whereupon he prayeth Judgment, and the return of the ſaid Cattell, &c. &c. doth well acknowledge the taking of the ſaid Cattell in the ſaid place, in which, &c. by the name of Diſtreſſe, and the ſaid 23. ſhillings 4. pence ſo being behind, as it was lawfull for them. And this he is ready to prove, as, &c. whereupon he prayeth Judgement, if the ſaid Agnes her foreſaid action thereupon againſt him ought to have or maintain, &c.

Plaintif allegeth a demiſe made to him by one S. and prayeth Aid of the ſaid S. ſſ. AND the aforeſaid A.T. ſaith, that ſhe, by any matter before alleged from her ſaid action had, ought not to be precluded, becauſe ſhe ſaith that one S. W. before the ſaid time in which, &c. was ſeiſed of the ſaid tenements, with th'appurtenances, whereof the ſaid place in which, &c. is, and at the ſaid time in which, &c. was parcell, in his demeſn as of fee, and he ſo thereof ſeiſed long before the ſaid time, that is to ſay in the feaſt of St. Michael the Archangell in the 12 year of the reign of the ſaid Lord the now King, at W. in the ſaid County, demiſed the ſaid tenements, with th'appurtenances,Prayer of Aid. Note that in the Voucher the defendant may pray Aid before Iſſue joyned, but in other action doth not pray Aid unleſs after Iſſue joyned. whereof the ſaid place in which, &c. is, and at the ſaid time in which, &c. was parcell, unto the foreſaid A. to have and occupy to him and his Aſſignes from the ſaid feaſt of St. Michael untill the end of the Term of five year, from thence next following fully to be compleat, by vertue of which ſaid demiſe ſhe the ſaid A. long before the ſaid time, in which, &c. was thereof poſſeſſed, which ſaid Term doth as yet indure, And ſo the ſaid A. ſaith that ſhe hath nothing in the ſaid tenements, with th'appurtenances, unles to the end of five years in form aforeſaid the reverſion, whereupon being expectant after that term unto the aforeſaid S. W. and his heires, without which ſaid S. ſhe the ſaid A. ſaith, that ſhe to the knowledge of the ſaid R. and T. cannot anſwer, and prayeth Ayd of him the ſaid S. and hath, &c. Therefore the Sheriff is commanded that he ſummon by good ſummons the ſaid S. that he be before the ſaid King, in Eight dayes of the Holy Trinity, whereſoever, &c. to anſwer to the ſaid knowledge of the ſaid R. and T. together with the ſaid A. if, &c. The ſame day is given to the ſaid parties, &c.

Cornub. Declaration in a writ of recaption of Cattle and that they were taken hanging another Plea for the ſame Cattle undetermined and for which Cauſe they were before taken. M. 20. h. 7. to. 75. ſſ. I.C Eſquire, T.C.J.H.J.D.J.W. and W.A, were attached to anſwer aſwel unto the Lord the King, as unto J.G. Eſquire, of a Plea, wherefore whereas the ſaid, J.C. and the others were formerly ſummoned to be in the Court of the ſaid King, before him the ſaid Lord the King, on the Morrow of all Souls laſt paſt, whereſoever, &c. to anſwer unto the aforeſaid J.G. of a Plea, wherefore they took the Cattle of him the ſaid J.G. and them unjuſtly detained, againſt the Sureties and pledges, which the Sherif of the ſaid Lord the King, of the ſaid County, had made to replevy to him the ſaid J.G. as the King had accepted, which ſaid Plea between him the ſaid J.G. and J.C. in the Court of the Lord the King here as yet doth hang undetermined; Notwithſtanding the ſaid J.C. and others, hanging the ſaid Plea, the Cattle of him the ſaid J.G. again took for the ſame occaſion which before they had taken the ſame, &c. Which thing is manifeſt againſt the Law, and Cuſtome of the Kingdom of the Lord the King of England; And whereupon the ſaid J.G. who aſwell for the Lord the King, as for himſelf proſecuteth by J. H. his Attorney Plaintif, that whereas the ſaid J.C. and the others, formerly, that is to ſay in the Term of St. Hillary in the year of the reign of the now King, ninteenth, were ſummoned to be in the Court of the Lord, the King, here before his Juſtices aſſigned, to hold Pleas before him the Lord the King, to anſwer unto the ſaid J.G. and them unjuſtly detained againſt the ſureties and pledges, which the Shreif of the ſaid Lord the King, of the ſaid County, had made unto the ſaid J.G. to replevy, and the King had accepted, which ſaid Plea between him the ſaid J.G. and the ſaid J. C. and the others, in the Court of the ſaid King, here as yet doth hang undetermined; Notwithſtanding they the ſaid J. C. and the others, hanging the ſaid Plea, the Cattle of him the ſaid J. G. that is to ſay, ten Oxen, Eight heyfers, two horſes, and a hundred ſheep, again that is to ſay the twentieth day of May, in the nintteenth year of the Reign of the Lord the now King, at E. neer Moreball, in which the Cattle in a place called the Widl-Park, they took for the ſame occaſion, which before they had taken them, &c. Which is manifeſtly in Contempt of the ſaid King, and againſt the Law and Cuſtome of the Kingdom of him the ſaid King of England, whereupon he ſaith, he is the worſe, and hath damage to the value of forty pounds, And thereupon he bringeth his ſute, &c.

ſſ. AND the ſaid I. Copleſton, T. Colpeſton I. Horn, I. Davy, Some of the defendants plead that they did not take the Cattle, As, &c. I. Welch, and W. Atwood, by W. Fiſher his Attorney, cometh and defendeth the force and injury, when, &c. And the ſaid I. Davy, I.W. and W. A. ſay that they did not take the ſaid Cattle as the ſaid I.G. before againſt them Complaineth, And of this they put themſelves upon the Countrey. And the ſaid, I.G. likewiſe, &c. And they the ſaid I.C.T.C. and I.H. as to the taking and detention of the ſaid Cattle ſuppoſed to be done, they ſay that the ſaid I. G. ought not to maintain his action, becauſe they ſay that the place in which, that treſpas is ſuppoſed to be done, is, and at the ſaid time in which, &c. was one meſſuage, a hunded,The reſt of the defendants plead that they took the Cattle in the name of a diſtreſs for dry Rent in arrear, as ſervants of the other, and juſtifie perſcridtion. acres of land ſix acres of meadow, ſix acres of wood, and twenty acres of Heath and furzes, with th'appurtenances, in G. aforeſaid, called Wilpark, of which ſaid meſſuage, land, and tenements, the ſaid J. E. is, and at the ſaid time in which, &c. was ſeiſed in his demeſn as of fee, And that the ſaid I. Colſhill and all his Predeceſſours, whoſe heir he is, long before the ſaid time in which, &c. were ſeiſed in their demeſn as of fee of a certain Annuall rent of forty ſhillings coming forth of the ſaid tenements to be perceived yearly to him and his heirs at the feaſts of the Nativity of St. Iohn the Baptiſt, of St. Michael Arch-angell, the Nativity of our Lord, and of Eaſter, with equall portions to be paid, from the time of which the memory of man is not extant. And the ſaid I.C. and all his Predeceſſors whoſe heir he is, from all the ſaid time of which the Memory of man is not extant, uſed to diſtrein in the ſaid tenements with th'appurtenances for the ſaid Rent, as often as that Rent at any feaſt of the ſaid Feaſts ſhould be in arrear, and the Diſtreſſes thereupon to take, lead, drive away, and wholly to themſelves to retein, untill the ſaid yearly Rent, and the Arrearages thereof, if any there were, ſhould be ſatisfied; And the ſaid I. C. ſo thereof ſeized, dyed of ſuch eſtate thereof ſeized, after whoſe death the ſaid Annuall Rent long before the ſaid Retorn, in which, &c. deſcended unto one Agnes, Wife of the ſaid I. Broker, Deſcent. Eſquire, as Coſin and Heir of the I. Colſhill, that is to ſay, Daughter of Ranfrid, ſon of Iohane, ſiſter of I. Colſhill, by which the ſaid I. Broker, and Agnes long before the ſaid time, in which, &c. were of the ſaid Annuall Rent of 40. ſhillings ſeized in their Demeſn, as of Fee, in Right of the ſaid Agnes, And becauſe 30. ſhillings of that Rent, after the death of the ſaid I. Colſhill, at the Feaſt of the Nativity of St. Iohn the Baptiſt, of St. Michael the Arch-Angell, and the Nativity of our Lord, next before the ſaid taking ſuppoſed to be done, that is to ſay, next before the 20. day of 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' f • 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. h • 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 ſaid Rent in his Demeſn, as of Fee, And that the ſaid R. afterward dyed, after whoſe death the ſaid Services deſcended unto the ſaid I. T. as Cozen, and Heir of him the ſaid R. that is to ſay, Son of the fifth ſon of M. the Daughter of G. Son of the ſaid R. of whom the ſaid N. the Eſtate in the ſaid Tenements, with th'appurtenances, one I. L. now hath; And becauſe aſwell the Homage of him the ſaid I. L. unto the ſaid I. T. after the death of the ſaid R. remained due, and as yet remaineth; as the ſaid Rent by 6. years next before the day of the ſaid taking, unto the ſaid I. T. was behind, and as yet being unpaid, the ſaid I. T. well avoweth the taking of the ſaid Cattell in the ſaid place, in which, &c. as parcell of the ſaid Tenement of him the ſaid I. T. in form aforeſaid held, and above the ſaid I. L. as above his true Tenant, and within his Fee, &c. And this he is ready to prove, Whereupon he prayeth, &c. and the retorn of the ſaid Cattell to be adjudged unto him, &c.

Plaintif ſaith, that he hath nothing in the Tenements, unleſs a certein Demiſe by one I. L. made at the term of three years the Reverſion thereof unto the ſaid I. L. and his Heirs expectant, and therfore prayeth aid of the ſaid I.L. which ſaid I. L. after ſumons thereupon made unto him likewiſe commeth and joyneth himſelf with the Plaintif, and ſaith that the ſaid R. never was ſeized unleſs of the ſervice of Fealty onely, and the Rent of 10. ſhillings; Without this, that the ſaid R. was ſeized of homage, Fealty & Eſcuage, and the rent of twenty ſhillings in manner and form, &c, by the hand of N.L. &c. ſſ. AND the ſaid T. Wilde not acknowledging any matter in the Avowment of the ſaid I. T. before alleged to be true, ſaith, that the ſaid I. L. before the day of the ſaid taking was ſeized in his Demeſn, as of Fee, of the ſaid Meſſuage, with th'appurtenances, whereof the ſaid place, in which, &c. is, and at the ſaid time, in which, &c. was parcell, and the ſaid I. L. ſo thereof ſeized long before the ſaid time, that is to ſay, in the Feaſt of St. Michael the Arch-Angel, in the nineteenth year of the Reign of the now King, at W. in the ſaid County, Demiſed unto the aforeſaid T. W. the ſaid Meſſuage, with th'appurtenances, To have to him and his Aſſignes from the ſaid Feaſt of St. Michael, untill the end and Term of three years from thence next following, and fully to be Compleat, by virtue of which, the ſaid T. long before the ſaid time, in which, &c. was thereof poſſeſſed; Which ſaid Term as yet indureth, And ſo the ſaid T. ſaith, that he hath nothing in the ſaid Meſſuage, with th'appurtenances, unleſs at the Term of three years in form aforeſaid, the Reverſion thereof after that Term ended being expectant to the foreſaid I. L. and his Heirs, Without which ſaid I. L. the ſaid T. ſaith, that he cannot anſwer unto the ſaid Avowment of the ſaid J. T. and prayeth Ayd of him the ſaid I. L, and hath, &c. Therefore the Sheriff is commanded, that heSummons in Ayd, prayer of ayd. Summon, by good Summons, the aforeſaid I. L. that ſo before the ſaid King, from Eaſter day in three weeks whereſoever, &c. to anſwer to the ſaid Avowment of the ſaid I. T. together with the ſaid T. W. if, &c. the ſame is given unto the ſaid parties, &c. At which day before the ſaid King at Weſtminſter, came as well the ſaid T. W. as the ſaid I. T. by their ſaid Attorney, And the ſaid I. L. being ſummoned, &c. by T. H. his Attorney likewiſe commeth, and joyneth himſelf with the aforeſaid T. to anſwer unto the ſaid I. T. together with the ſaid T. W. to the ſaid Avowment, &c. Joyn in aid, and traverſe the tenure. And aſwell as the ſaid T.W. the ſaid J. L. who joyneth himſelf, &c. ſaith that the ſaid J. T. the taking of the ſaid Cattell, in the ſaid place, in which, &c. for the reaſon before alleged, ought not to avow juſt, becauſeProteſtation. proteſting that the ſaid N. did not hold the ſaid Tenements, with th'appurtenances, of the ſaid R. by the ſaid Services in the ſaid Avowment ſpecified; Neither that the ſaid R. ever was ſeized of the ſaid Services, or of any parcell thereof, beſides Fealty, and the Rent of ten ſhillings of the ſaid 20. ſhillings by the hands of the ſaid N. or of any other Tenant of that Tenement for Plea ſaith, that the ſaid N. L. held the ſaid Tenements, with th'appurtenances, of the ſaid R. B. by Fealty, and the Rent of 10. ſhillings of the ſaid 20. ſhillings unto the ſaid R. and his Heirs, at the ſaid Feaſts of Eaſter, and St. Michael the Arch-Angel, by equall Portions yearly to be paid, of which Services the ſaid R. was ſeized by the hands of the ſaid N. as by the hands of his true Tenant, that is to ſay, of the ſaid Fealty, as of Fee and right, and of that Rent in his Demeſn, as of Fee; And the ſaid T.W. and L. ſaith, that the ſaid Rent of ten ſhillings, or any parcell thereof, was not behind unto the ſaid J. T. at the time of the ſaid taking unpaid; And they the ſaid T. W. and J. L. ſay, that the ſaid R. or any of his Predeceſſors never was ſeized of the ſaid ten ſhillings reſidue of the ſaid 20. ſhillings, nor any parcell thereof, by the hands of the 〈◊〉 N. nor of any other Tenant of the ſaid tenements, with th'appurtenances, after the Limitation of Aſſize of new diſſeiſin, that is to ſay, after the firſt of the Lord King H. ſon of King Iohn, in Vaſton, without this that the ſaid N. held the ſaid tenements,Without this. with th'appurtenances, of the ſaid R. by homage, fealty, and at the Eſcuage of the Lord the King and by the rent of twenty ſhillings by the year, as by the ſaid Avowment is ſuppoſed, and this he is ready to prove, whereupon from which the ſaid I.T. the taking of the ſaid Cattel before acknowledging, prayeth judgement, and his dammages by that occaſion to be adjudged unto him, &c.

Iſſue in prayer of Aid. ſſ. AND the ſaid I.T. ſaith, that the ſaid N. tenant of the ſaid tenements, with th'appurtenances, of the ſaid R. by homage, fealty, and Eſcuage, of the ſaid Lord the King, and the ſaid rent of twenty ſhillings by the year, in the form which the ſaid I. T. before hath alleged. And of this putteth himſelf upon the Country, and they the ſaid T.W. and I.L. who joyned themſelves, &c. likewiſe, &c. therefore, &c.

Declaration in replevin parcell in the detinuit and parcell in the detinet, and the plantif prayeth that the defendant may be bound to deliver. ſſ. W: Burton of L. Chaplain, and B.W. were ſummoned to anſwer unto I.I. of a Plea wherefore they took the Cattel of him the ſaid I.I. and them unjuſtly detained againſt the ſureties and pledges, &c. And whereupon the ſaid I. I. by I. C. his Attorney complaineth that the ſaid W. and B. the day, &c. in the year. &c. In the Town of H. in a certain place called—they took four ſcore ſheep of him the ſaid Iohn, and ſeaventy ſheep thereof they unjuſtly detained untill, &c. And ten ſheep reſidue thereof of the price of twenty ſhilling as yet unjuſtly detain againſt the ſureties and pledges, &c. Whereupon he ſaith that he is the worſe, And hath dammage to the Value of twenty pound. And thereupon he bringeth his Sute, &c. And prayeth that the ſaid W. and B. may ſecure the delivery of the ſaid Ten ſheep unto him, &c.

Defendant acknowledgeth the taking of the ſheep as bailiffes of the Dean and Chapter, &c. of Lincoln with which the Dean and Chapter, &c. one annuall Rent of the burthen of a certain Mannor whereof the place is parcell thereout going was granted, and liberty for not payment thereof to diſtrain, &c. And as to the reſt of the ſheep, &c. the defendant ſaith that the Plaintif hath deliverance there upon in the Countrey. ſſ. AND they the ſaid W.B. and B.W. by T.S. his Attorney cometh and defendeth the force and injury, when, &c. And as Bayliffes of I. M. Dean &c. Doth well acknowledg the taking of the ſaid ſheep in the ſaid place, in which, &c. And juſtly, &c. Becauſe he ſaith that one R. S. knight, ſon and heir of the Lord R. of S. in the County of L. was lately ſeiſed of the Mannors of H. and B. with th'appurtenances, whereof the ſaid place in which, &c. is parcell in his demeſn as of fee, and ſo thereof ſeized by his certain writing indented, whoſe other part is ſigned with the Seal of him the ſaid R. they the ſaid W. and B. profer here in Court, the date of which is at L the ſecond day of June in the fourth year of the reign of the Lord the now King, gave and granted, and by his ſaid Writing indented, confirmed unto J. S. then Dean of the Church, &c. By the names of Dean and Chapter of the Cathedrall Church of the bleſſed Mary of Lincoln and his Succeſſors forever to the uſe and augmentation of the Support of five Chaplains of one Church, and ſix ſinging boyes, for theJuſtification 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. 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 meanwhile 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, 〈1 page duplicate〉〈1 page duplicate〉 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 was ſeized by the hands of the ſaid I. as by the hands of his True Tenant; And becauſe aſwell the ſaid Rent unto the ſaid T. was not paid, as the ſaid other Services were undone by two years next before the day of the ſaid taking, the ſaid T. doth well avow the taking of the ſaid Cattell, in the ſaid place, in which, &c. as in parcell of the ſaid Tenements of him the ſaid T. in form aforeſaid held,

Acknowledgeth the Avowment by the Plaintif.

Judgement that the Defendant ſhall have the retorn of the Cattell irreplegiable.

Defendant without day. Plaintif in mercy.

Defendant avoweth the taking of the Cattell, doing damage, and the Plaintif prayeth, that the Defendant may ſecure the deliverance unto him, for that the ſame Defendant claymed no property in them, And the Defendant find Pledges, &c.

and within his Fee, &c.

And the ſaid I. ſaith, that he cannot deny, but that he holdeth of the ſaid T. as of the ſaid Mannor, the ſaid Tenements, with th'appurtenances, by the Services aforeſaid; Neither, but that aſwell the ſaid Rent, as thoſe Services unto the ſaid T. by the time aforeſaid, remained behind in the form which the ſaid T. P. by his ſaid Avowment hath ſuppoſed. Therefore it is conſidered, that the ſaid T. ſhall got thereupon without day, and that the ſaid I ſhall take nothing by his ſaid Writ, but that he be in mercy for his falſe Clamour; And that the ſaid T. ſhall have the retorn of the ſaid Cattell irreplegiable for ever,

ſſ. AND the ſaid M. by R.T. his Attorney commeth, and defendeth the force and Injury, when, &c. And doth well avow the taking of the ſaid Cows, in the ſaid place, in which, &c. and juſtly, &c. becauſe he ſaith, that he is ſeized, and at the time of the ſaid taking, was ſeized in one Meſſuage, and twelve acres of Meadow, with th'appurtenances, in the ſaid Town of G. whereof the place, in which, &c. the ſaid Cows were taken, is parcell in his Demeſn, as of Fee, And for that he at the time of the ſaid taking, found the ſaid Cows, doing Damage in the ſaid place, in which, &c. the ſaid M. thoſe Cows in his ground and freehold, ſo doing dammage took as to him it was lawfull; And this he is ready to prove, whereupon he prayeth judgement, and the return of the ſaid Cattel, &c. And upon this the ſaid R. ſaith that the ſaid M. as yet remaineth poſſeſſed of the ſaid Cowes, whereupon from which the aid M. hath claimed no property in the ſame Cowes, deſireth that the ſame M. may ſecure the delivery of the ſaid Cowes unto the ſaid R. and he findeth pledges of that delivery to be made, that is to ſay R.T. of, &c. and W.S. of, &c. Therefore the ſaid R. may have the delivery thereof, &c.

And the ſaid R. ſaith that he by any matter before alleged from his ſaid action had, ought not to be precluded,Plaintif ſayth that he was ſeized of one Meſſuage, &c. and that the ſame Plaintif and all thoſe whoſe eſtate had uſed to have common, &c. in a certain Moor, &c. in which, &c. And ſo juſtifies uſing the common. &c. becauſe he ſaith, that he, the day before the time in which it is ſuppoſed the ſaid Cowes were taken, and at the ſame time, was ſeized of one Meſſuage, and twelve acres of Meadow, with th'appurtenances, in G. and that the ſaid R. and all his Anceſtors, and all thoſe whoſe eſtate the ſaid R. now hath, had common of paſture, in a certain Moor of the ſaid M. called H. by the whole year, and in ſix acres of Meadow, with th'appurtenances, in G. whereof the ſaid place in which it is ſuppoſed the ſaid Cowes were taken, that is to ſay, in the ſaid Moor, by all the year in the ſaid Meadow, after the graſſe was cut, and the Hay thereof coming, made and carried away, with all his Cattle depaſturing, and ſo faith, that he for uſing his ſaid common, in the ſaid place called H. put the ſaid Cowes in the ſaid Moor, As it was lawfull for him to doe. And this, &c. whereupon, &c.

And the ſaid M. ſaith, that the ſaid Moor and Meadow,Defendant ſaith that the ſaid Moor is his freehold without this that the Plaintif and all his anceſtors, &c. uſed to have common &c. Without this. of him the ſaid M. are the ground and freehold of the ſame M. and at the time of the ſaid taking were, without this that the ſaid R. and all his Anceſtors, and all thoſe whoſe eſtate the ſaid R. now hath in the ſame twelve acres of Meadow, had common of paſture in the ſaid Moor, and Meadow, as the ſaid R.G. before hath alleged; And this, &c. whereupon, &c. as before prayeth judgment &c.

And the ſaid R. ſaith, that he, and all his Anceſtors, whoſe eſtate the ſaid R. now hath in the ſaid Meſſuage and twelve acres of Meadow, had common of paſture in the ſaid Moor and Meadow, as the ſaid R. before hath alleged, and this he prayeth that it may be enquired of, &c.

ſſ. AND the ſaid R.A. by R.C. his Attorney cometh and defendeth the force and injury, when,Defendant allegeth that the Plaintif held of him by Homage, fealty, and three ſhillings rent and ſute of Court, and to render a Herriot at death or alienation of every tenant and that the Plaintif did not doe ſute of court, and ſo avoweth the taking, &c. &c. and doth well avow the taking of the ſaid Cattel, in the ſaid place, in which, &c. and juſtly, &c. becauſe he ſaith that the ſaid T. Harrington at the time of the ſaid taking ſuppoſed to be done, and long before he was ſeized of one Meſuage, and one Virge of Land, with th'appurtenances, in B. aforeſaid, whereof the ſaid place, in which, &c. is, and at the ſaid time of the ſaid taking ſuppoſed to be done, was parcell in his Demeſn as of Fee, and ſo ſeized the ſame held of the aforeſaid R. A. as of his Mannor of B. in C. aforeſaid, by Homage, fealty, and three ſhillings Rent, unto the ſaid R.A. at the feaſts of St. Michael the Archangell, and the Annunciation of the bleſſed Virgin Mary, by equall portions yearly to be paid, by the Service to doe ſute to the Court of him the ſaid R. of his ſaid Mannor, from three weeks to three weeks, there to be held, And alſo by the ſervice to render aſwell after the death of every Tenant of the ſaid Meſſuage, and of one Virge of land,Seiſed of ſervices. with th'appurtenances, dying ſeiſed, As after every alienation thereof made or to be made, the beſt living thing which was of him the ſaid Tenant, by the name of Herriot, Of which ſervices the ſaid R.A. was ſeized by the hands of the ſaid T. H. as by the hands of his true Tenant, that is to ſay of the ſaid Homage, fealty, and ſute of Court, as of fee and right, and of the ſaid Rent, and reſidue of the ſaid Services, in his Demeſn, as of Fee. And becauſe the ſute of him the ſaid T. H. at the Court of the ſaid R. A. held at his ſaid Mannor on fryday next after the Epiphany of our Lord, in the fourteenth year of the reign of the now King unto the ſaid R. A. remaining undone, the ſaid R. A. doth well avow the taking of the ſaid Cattel in the ſaid place, in which &c. as in parcell of the ſaid tenement of him the ſaid R. A. in form aforeſaid held, and upon the ſaid T. H. as upon his true Tenant thereof, &c. And within his fee, &c. And this he is ready to prove, whereupon he prayeth judgment, and the return of the ſaid Cattel to be adjudged unto him &c. Defendant proteſting that he did not hold the premiſſes by the ſervices in the avowment of the Plantif ſpecifyed, and that the Defendant was not of the ſame ſeized, &c. for Plea ſaith, that he holdeth by fealty 3. ſhillings tent onely, without this that he holdeth as above.

And the ſaid T. H. ſaith, that the ſaid R. A. by any thing before alleged, the taking of the ſaid Cattel ought not to avow juſt, becauſe proteſting that the ſaid T. doth not the ſaid Meſſuage and Virge of land, with th'appurtenances, of the foreſaid R. A. by the ſaid ſervices in the avowment of him the ſaid R. before ſpecified, &c. And proteſting alſo that the ſaid R. A. was not ſeized of the ſaid ſervices by the hands of him the ſaid T. in manner and form as the ſaid R. A. before hath alleged for Plea ſaith, that the ſaid T. doth hold the ſaid Meſſuage, and Virge of land of the aforeſaid R. A. as of his Mannor of B. by fealty, and the Rent of three ſhillings onely, for all ſervices and ancient demands, without this that the ſaid R. A. was ſeized of the ſaid ſervices to doe ſute at the Court of him the ſaid R. A. of his ſaid Mannor from three weeks to three weeks, there to be held, and of the reſidue of the ſaid ſervices in manner and form as the ſaid R. A. in his ſaid avowment before hath alleged, and this he is ready to prove, whereupon he prayeth Judgement, and his Damages by that occaſion to be adjudged unto him, &c.

And the ſaid R. A. ſaith,Iſſue upon the Tenure. that the ſaid R. was ſeized of the ſaid Services to do Sute to the Court of him the ſaid R. of his ſaid Mannor, from three weeks to three weeks, there to be held, and of the reſidue of the ſaid Services, in manner and form as the ſaid R. before hath alleged, And of this he putteth himſelf upon the Country, and the ſaid T. likewiſe, &c.

ſſ. AND the ſaid I.T. and H. by R. M. his Attorney cometh, and defendeth the force and injury, when,The form of a Plea where the Defendant took more Beaſts and Chattels than the Plaintif by his Declaration ſuppoſeth himſelf to have taken, the Defendants ſay, as to one Horſe they did not take, as to the reſidue, ſay, that he the ſaid J.D. one of the Defendants, in right of his Wife, was ſeized of the Mannor of D. of which Mannor the Plaintif holdeth ten acres of land, wherof, &c. of the Defendant by Fealty, and four ſhillings Rent, and to do Sute of Court, and a Fine was leavyed of the ſame Mannor between W.F. Plaintif, and the ſaid I. E. and his Wife, and that afterwards the ſaid W. F. granted the ſaid Mannor unto the ſaid I.E. and his Wife, and to the Heirs of their bodies, &c. in Fee-tayl, and that after the Plaintif attorned unto them the ſaid I. P. and his Wife, and becauſe the ſaid Rent was behind, the Defendants took the Beaſts, &c. &c. and as to the taking of one Horſe of the ſaid Horſes, they the ſaid J. and H. ſay, that they did not take that Horſe in manner and form, as the ſaid Prioreſs before againſt them complaineth; And of this they put themſelves upon the Country, And the ſaid Prioreſs likewiſe, &c. And the ſaid I. and H. further ſay, that they at the time in which the taking of the ſaid Cattell is ſuppoſed to be done, they took four Horſes of the ſaid five Horſes, in the ſaid Declaration ſpecified, and alſo one Cart with ſix Stacks of Barley in the ſame Cart being, with the whole Tacklyn to the ſayd Cart belonging, that is to ſay, Cartharneſs for the ſaid four Horſes in the ſame Cart, to be drawn of the ſaid Oxen, and Cattell of the ſaid Piroreſs, in the ſaid place, in which, &c. which ſaid four Horſes, and the ſaid Cart, with the ſaid ſix Stacks of Barley in the ſame Cart being, and the ſaid Cattell, that is to ſay, the tackling of the ſaid Cart, called Horſe Harneſs, for the ſaid four Horſes drawing that Cart of I.N. Knight, Sheriff of the ſaid County, at the Complaint of the ſaid Prioreſs, unto the ſaid Prioreſs cauſed to be replevyed, and of the ſaid four Horſes and Chattells, the ſaid I. in his own right, and of Anne his Wife, doth well avow; And the ſaid Hen. as Bailiff of the ſame I. doth well acknowledge the taking of the ſaid Cattell, in the ſaid place, in which, &c. and juſtly, &c. becauſe he ſaith, that the ſaid place in which, &c. doth contein in it ſelf ten acres of land, with th'appurtenances, in C. aforeſaid, whereof the ſaid Prioreſs at the ſaid time, in which, &c. long before, &c. was ſeiſed in her Demeſn, as of Fee, in the right of her ſaid Monaſtery, and ſo thereof being ſeized, held the ſame of the ſaid I. and A. his Wife, in the right of her the ſaid A. as of her Mannor of D. in the ſaid C. of K. by Fealty, and the Rent of 4. ſhillings every year, at the Feaſt of St. Michael th'Arch-Angell, to be paid, and by Service to do Sute at the Court of them the ſaid I. and A. of their ſaid Mannor, from three weeks to three weeks, there to be held, of which Services the ſaid I. and A. in the right of her the ſaid A. were ſeized by the hands of the ſaid Prioreſs, as by the hands of their then true Tenant, that is to ſay of Fealty, and Sute of the ſaid Court, as of Fee, and in right, and of the ſaid Rent in their Demeſn, as of Fee; And them the ſaid I. and A. in the right of her the ſaid A. ſo of the ſaid Mannor, Rent, and Services being ſeized long before the ſaid time,A Fine levied where the wiſe is Cogniſee ſeized of the lands acknowledged. in which, &c. that is to ſay, in Eight dayes of St. Michael, in the 21. year of Henry, late King of England, and France, the ſeventh from the Conqueſt, in the Court of him the ſaid late King, at Weſtminſter, before T. Fr • wick, and his fellows then Juſtices of him the Lord the King, and other faithfull people of the ſaid late King then there preſent, a certain Fine was levyed of the ſaid Mannor, with th'appurtenances, amongſt other Tenements and Rents, by the name of the Mannor of D. with th'appurtenances, and of one Meſſuage, CCC. acres of land, twelve acres of Meadow, twenty acres of Paſture, and five pounds Rent, and the rent of 20. Cocks, 100. Capons, 160. Sheep, with th'appurtenances in D. in the County of K. between William Froſt then Plaintif, and the ſaid I. and A. by the names of I. Batiller, and A. his Wife then agreeing, whereupon the Plea of Concord was ſummoned between them in the ſame Court, that is to ſay, that the ſaid I. and A. doe recognize the ſaid Mannor, with th'appurtenances, to be the right of him the ſaid W. as that, that the ſaid W. then had, of the Gift of the ſaid I. and A. And the ſame Remized, and quit claymer of them the ſaid I. and A. and the Heirs of her the ſaid A. unto the ſaid W. and his Heirs for ever; And afterwards they the ſaid I. and A. granted for themſelves,State in the tayl made by Fine. and the Heirs, of her the ſaid A. that they ſhould Warrant unto the ſaid W. and his Heirs the ſaid Mannor with th'appurtenances, againſt all men for ever. And for that Recognizance, Remiſe, quit claymed, Warrant, Fine and Concord, the ſaid VV. granted unto the ſaid I. and A. the ſaid Mannor, with th'appurtenances, and that unto them rendred in the ſame Court, to have and to hold unto the ſaid I. and A. and the Heirs of the body of them the ſaid I. and A. begotten, of the chief Lords of that Fee, by the Services which to the ſaid Mannor appertaineth, for ever; And if it ſhould happen, that they the ſaid I. and A. ſhould dye without Heir of their bodyes begotten, then after the Deceaſes of them the ſaid I. and A. the ſaid Mannor, with th'appurtenances, ſhould wholly remain to the Heirs of her the ſaid A. of her body begotten, to be held of the chief Lords of that Fee, by the Services which to the ſaid Mannor doe appertein, for ever; And if no Heir of the body of her the ſaid A. ſhould be begotten, then the ſaid Mannor, with th'appurtenances, ſhould wholly remain to the right Heirs of the ſaid I. B. to be held of the chief Lords of that Fee, by the Services which to the ſaid Mannor apperteineth, for ever, as in the ſaid Fine is more fully conteyned; And afterwards the ſaid Prioreſs of the ſaid ten acres of land being ſeized at C. in the County aforeſaid,Attornment of the Tenant unto the Lord. to the ſaid I. and A. retorned her ſelf, by pretence of which Fine, they the ſaid I. and A. afterwards, and before the ſaid time, in which, &c. into the Mannor, with th'appurtenances, entred, and thereof at the ſaid time, in which, &c. were, and as yet doe remain ſeized in their Demeſn, as of Fee-tayl; And becauſe the Rent aforeſaid for eight years after the levying of the ſaid Fine, and before the ſaid taking, ſuppoſed to be done, that is to ſay, for eight years next before the Feaſt of St. Michael th'Arch-Angell, in the fifth year of the Reign of the now King, at the ſaid time, in which, &c. ended, was in arrear, unto the ſaid I. and A. and as yet remaineth unpaid, the ſaid I. in his own right, and in the right of the ſaid A. doth well avow, and the ſaid H. as Bayliff of him the ſaid I. doth well acknowledge the taking of the ſaid Beaſts, and Chattels, in the ſaid place, in which, &c. and juſtly, &c. that is to ſay, for 14. ſhillings Rent, aforeſaid, and of and for the ſix firſt years of the ſaid eight years being behind, and unpaid, and upon the ſaid Prioreſs, as upon the true Tenant of them the ſaid I. and A. in form aforeſaid, in the ſaid place, in which, &c. and within their Fee, &c. And this they are ready to prove; whereupon they pray Judgement, and the retorn of the ſaid Beaſts and Chattels to be adjudged unto them, &c.

And the ſaid Prioreſs ſaith,The Plaintif ſaith, that the Defendant never was ſeized of the Rent and Services in barre ſpecified, &c. after the firſt going over of the Lord H. King, Son of the King in Valton. that ſhe by any matter by the ſaid J. and H. before alleged, the ſaid J. the taking of the ſaid Beaſts, and Chattells in the ſaid place, in which, &c. to avow juſt, nor the ſaid H. the ſame taking, in the ſame place, in which, &c. to acknowledge juſt they ought not, becauſe porteſting that there hath not been, nor from the time of the ſaid taking, had there been any ſuch Mannor called D. within the ſaid County of K. proteſting alſo, that ſhe hath not Attorned unto the ſaid I. and A. as the ſaid I. and H. have alleged, proteſting alſo, that the ſaid place, in which, &c. is, and at the ſaid time, in which, &c. was without the Fee of the Lordſhip of them the ſaid I. and A. for Plea, ſaith, that the ſaid I. and A. never were ſeized of the Rents and Services aforeſaid, or of any parcell thereof, in manner and form which the ſaid I. and H. before alleged, after the firſt going over of the Lord King Henry into Vaſton, as by the ſaid Avowment, and Acknowledgement before ſuppoſed; And this they are ready to prove, whereupon, from which the ſaid I. and H. the taking of the Beaſts and Chattells above acknowledging prayeth Judgement, and her Damages by occaſion of the taking, and unjuſt detenſion of the ſaid Beaſts and Chattells to be adjudged unto her, &c.

And they the ſaid I. and H. ſay, that they the ſaid I. and A. were ſeized of the ſaid Rent and Services by the hands of their true Tenant thereof, in what manner and form they the ſaid I. and H. before have alleged.Iſſue of Scizin of Rent. And of this they put themſelves upon the Country, And the ſaid Prioreſs likewiſe, &c. Therefore, &c.

Defendant prayeth Judgment of the Plaint retorned by the Sheriff upon a Recordare, and ſaith, that it is inſufficient, for that the Sirname of the Defendant was not put in the Plaint, & therefore that he may have the retorn of the Cattell, &c. ſſ. AND the ſaid I. C. in his perſon commeth and defendeth the force and Injurie, when, &c. and prayeth, hearing of the Plaint, of the taking and deteyning of the ſaid Cattell before the Sheriff of the ſaid County, made, and here in Court, at this day, that is to ſay, on the morrow of All Souls, by virtue of a Writ of the ſaid Lord the King, of Recordare, retorned, and it is read to him in theſe words ſſ. I. B. complaineth of the Lord John, Chaplain of the Chauntery of the holy Virgin Petronill of Harvow, of a Plea of taking, and unjuſt deteyning of Cattell, Pledges to proſecute, and of thoſe Cattell to be retorned, if the retorn thereof ſhould be adjudged unto I. T. and I. H. And upon this the ſaid I. C. prayeth Iudgement of the ſaid Plaint, for that that the Chaplain of a Chauntry, is not a name of Dignity; and the ſaid I. C. in that Plaint is not nominated by any Sirname, whereupon he prayeth Judgement, and that that Plaint may be made void, and the retorn of the ſaid Cattell adjudged unto him, &c. And becauſe it appeareth unto the Juſtices here,Retorn to be had Adjudged for inſufficient Plaint before the Sheriff. Plaintif in mercy. Defendant without day. that the ſaid Plaint is not ſufficient in Law to the ſaid I. G. before the ſaid Juſtices here to the ſame Plaint to be put to anſwer, for that, that the Chaplain of a Chauntery is not a name of Dignity, And the ſaid I.C. in that Plaint is not named by any Sirname, It is Conſidered, that the ſaid I. ſhall take nothing by the ſaid Plaint, and be in Mercy for his falſe Clamour, &c. And the ſaid I. C. ſhall goe thereupon without day, and ſhall have retorn of the ſaid Cattell, &c.

Defendant avoweth the taking of the Cattell for Rent behind, and for Homage and Fealty not done.ANd the ſaid I. B. in his own perſon cometh and defendeth the force and injury, when, &c. and doth well avow the taking of the ſaid Cattell in the place, in which, &c. and juſtly, &c. becauſe he ſaith, that one M. N. late the Wife of I. C. late was ſeized of one Meſſuage, one Plow-land, twelve acres of Meadow, and twelve acres of Paſture, with th'appurtenances, in C. in her Demeſn, as of Fee, whereof the place in which it is ſuppoſed the ſaid Cattell were taken, is parcell, and held the ſame of the ſaid I. B. and of one I. P. and I. M. his wife, as of his Mannor of C. by Homage and Fealty, and at Eſcuage of the Lord the King, fourty ſhillings, when it ſhould happen, And at more, more, and at leſs, leſs, &c. And by Service to doe Sute to the Court of them the ſaid I. B. I. P. and I. M. of their ſaid Mannor, from three weeks to three weeks, &c. and by the Rent of 14. ſhillings one peny and half peny, in every year at the Feaſts of Eaſter and of St. Michael to Arch-Angel, by equall Portions to be paid, and alſo by the Rent of two ſhillings 6. pence yearly, at the end of every fourteen weeks to be paid for the keeping of the Caſtle of Dover, Defendant ſaith, that he was ſeized of all the Services beſides Homage and Fealty, notwithſtanding avoweth for all the Services. they the ſaid I. B. I. P. I. M. and M. the ſame Tenements, with th'appurtenances of the ſaid Caſtle by the ſame Rent of 2. s. 6. pence in like manner to be paid, doe further hold, of which ſaid Services (except Homage and Fealty) the ſaid I. B. and the ſaid I. P. I. M. and M. were ſeized by the hands of the ſaid M. as by the hands of their true Tenant, And aſwell for the ſaid Rent of fourteen ſhillings and a peny half peny, at the Feaſts of Eaſter, and of St. Michael th'Arch-Angel, by ten years next before the day of the ſaid taking, remaining behind unpaid, as for the 25. ſhillings of the ſaid Rent of 2. ſhillings ſix pence unto them the ſaid I. B. J. P. J. M. and M. by ten years next before the day of the ſaid taking, after the end of every fourteen weeks yearly in form aforeſaid to be paid, being likewiſe behind unpaid, and alſo for Homage and Fealty of the ſaid M. undone, the ſaid J. C. as in his own right, and of the ſaid J.P. J.M. and M. doth well avow the taking of the ſaid Cattell upon the ſaid Margery, and upon their true Tenant in the ſaid place, in which, &c. as in parcell of the ſaid Tenements of them, in form aforeſaid held, and within their Fee, &c.

And the ſaid P. ſaith,Plaintif ſaith, that the place, in which, &c. is out of the fee. that the ſaid J.B. the taking of the ſaid Cattel in the ſaid place, in which, &c. ought not to avow juſt, becauſe he ſaith, that the ſaid place, in which, &c. is, and at the ſaid time of the ſaid taking done, was without the Fee, and Lordſhip of the ſaid J.B. J.P.J.M, and M. and this he is ready to prove, whereupon, from which, &c. he prayeth Judgement, &c.

And the ſaid J. D. ſaith, that the ſaid place, in which, &c. is, and at the ſaid time of the taking done, was within the Fee, and Lordſhip of him the ſaid J. B. and of the ſaid J.P. J.M. and M. in manner and form as the ſaid I. B. by his ſaid Avowment before hath ſuppoſed, and not without his Fee; And of this he putteth himſelf upon the Country, and the ſaid P. likewiſe, &c. Therefore commeth, &c.

ſſ. AND the ſaid T.W. by T. S. his Attorney commeth and defendeth the force and Wrong, when,Defendant as to all the Beaſts and Chattels, beſides, &c. he did not take, and as to the reſidue ſaith, that the property was in a Stranger, and deſireth Judgment of the Writ. &c. And as to all the ſaid Cattell, beſides one Horſe, of the ſaid Horſes, and all the ſaid Chattels, beſides one Patel aforeſaid, at the ſaid Town of P. taken, ſaith, that he did not take the ſaid Beaſts and Chattels (Except before excepted) in the form which the ſaid R. before againſt him Complaineth, And of this putteth himſelf upon the Country; And the ſaid R. likewiſe, &c. And as to the ſaid Horſe, and Patell, reſidue of the ſaid Horſes and Chattells, the ſaid T.VV. ſaith, that at the time of the ſaid taking, the property of that Horſe reſidue, was unto one A. P. And the property of that Patel reſidue then was unto one P. T. and not to the ſaid R. as he by his ſaid Writ and Declaration ſuppoſeth, And this he is ready to prove, whereupon he prayeth Judgement of the Writ, &c. And for to have the Retorn, &c.

And the ſaid R. ſaith, that his ſaid Writ, for the reaſon before alleged, ought not to be made void, becauſe, as to the ſaid Horſe and Patell reſiding,Plaintif ſaith, that the property was in himſelf. ſaith, that at the time of the ſaid taking the property of the ſame Horſe and Patell, was unto the ſaid R. in the form which he by his ſaid Writ and Declaration hath ſuppoſed. And this he prayeth that it may be enquired of, &c.

Defendant ſaith, as to the taking of the goods, that the property was in the Stranger, and juſtifie as his ſervants.AND they the ſaid R. S. I.N.Y I.G. and W. by I.B. their Attorney commeth and defendeth the force and injury, when, &c. and as to the taking, and deteyning of the ſaid five Cart- • oad of Wheat in Sheaves, ten Cart-load of Barley in Sheaves, ten Cart-load of Oats in Sheaves, and eight Cart-load of Hay, they the ſaid R.S. I.N. Y. I. G. and VV. prayeth Judgement of the Writ, &c. becauſe they ſay, that the property of thoſe Chattel's, at the time of the ſaid taking ſuppoſed to be done, was unto R. S. of I. &c. and T. H. by which they the ſaid R. the now Defendant I.N. Y. I.G. and W.V. Servants of him the ſaid R. S. of L. &c. and T. H. and by their Command, at the ſaid time, in which took and deteyned the Chattels, and the ſame as yet they detein, as unto them it is lawfull, And this they are ready to approve; whereupon, as to the taking and detenſion of thoſe Chattels, they pray Iudgement of that Writ, &c. And as to the taking of the ſaid Cattell, they the ſaid R. S. the now Defendant, I. N. Y. I. G. and W. as Bailiffs of the ſaid R. S. of L. and T. doe well acknowledge the taking of thoſe Cattell in the ſaid place,As to the taking of the Cattell the Defendants juſtifie as ſervants of another, doing damage. in which, &c. and juſtly, &c. becauſe they ſay, that the ſaid — in which, &c. is ſuppoſed, the taking of thoſe Cattell to be done, is, and at the ſaid time, in which, &c. was the ground and Free-hold of the ſaid R. S. of L. and T.H. And that thoſe Cattell at the ſame time were in the ſame place, eating the graſs there then growing, and Damage there doing, by which they the ſaid R. S. the now Defendant, I. N. Y. I. G. and VV. as Bailiffs of the ſaid R. S. of L. and T. at the ſaid time, in which, &c. took and deteyned thoſe Cattell, and the ſaid Ewe-ſheep, as yet they detein, as to them it was lawfull, and this they are ready to prove, whereupon they pray Judgement, if the ſaid I. his Action thereupon againſt them ought to have, &c. And the ſaid R. S. of L. and T. pray retorn of the Oxen, Steers, Cows, Calf, Heifers, and the ſaid Living goods to 〈◊〉 adjudged unto them.The Plaintif prayeth that the Defendant may ſecure unto him of ſome of the Cattell for that he hath not claimed any property. Defendant as to parcell ſaith, that he put them in an open Pound, and in default of the Plaintif, with hunger they periſhed, to find pledges of deliverance for the reſidue. And upon this the ſaid I. N. ſaith that the ſaid R. S. the now Defendant, I. N. Y. I. G. and VV. of the ſaid Ewe-Sheep, whereof, out of which, they the ſaid R. S. the now Defendant, I. N. Y. I. G. and VV. have claymed no property in the ſame Ewe-ſheep, prayeth, that they the ſaid R. S. the now Defendant, I.N.Y.I.G. and VV. may put in Security here in Court, unto the ſaid I. N. for the Delivery of the ſame Ewe-ſheep. Upon which they the ſaid J.S. the now Defendant, J. N. Y. J. G. and VV. as to the Security and Delivery of two Ewe-ſheep, of the ſaid three Ewes, ſay, that the Delivery thereof unto the ſaid I.N. they ought not to ſecure, becauſe they ſay that immediatly after that they the ſaid Cattell in form aforeſaid took, thoſe Cattell they put in a certain open Pound, at C. in the County aforeſaid, and afterwards the ſaid two Ewe-ſheep with hunger, and for want of Suſtenance, in default of him the ſaid I. M. there periſhed; And this they are ready to prove; whereupon they pray Judgement, if they ought to ſecure the Deliverance of thoſe two Sheep unto the ſaid I. N. &c. which ſaid matter, to the ſecuring of the Deliverance of thoſe two Sheep, the ſaid I. N, doth not gainſay, and as to the Deliverance of that one Ewe-ſheep, as is before ſaid deteyned, they the ſaid R.S. the now Defendant, I. N. Y. I. G. and W. they have found pledges of the Deliverance thereof to be made unto the ſaid I. N. namely I. Hercum, and J. Beuning, Plaintif ſaith, that the property of the Chattels was his, and not anothers, as to the reſidue pleads a certain Demiſe unto him made by virtue of which he entred, and was thereof poſſeſſed until another diſſeiſed him, and after that, the Plaintif put Cattell in the place, in which, &c. And that the Defendant took the ſame. Def. pleads a Demiſe at will, &c. therefore the ſaid I. N. may have the Deliverance thereof, &c.

ſſ. AND the ſaid I. N. ſaith, that his ſaid Writ, as to the taking and Detenſion of the ſaid Chattels, for the reaſon before alleged, ought not to be made void, becauſe he ſaith, that the property of thoſe Chattels at the ſaid time, in which, &c. was unto the ſaid I. N. and not unto the ſaid R. S. of L. and T. as the ſaid R. S. the now Defendant, and the others above have alleged, and this he prayeth may be inquired of by the Countrey, and the ſaid R. S. the now Defendant, and others likewiſe, &c. And as to the taking of the ſaid Cattell, the ſaid I. N, ſaith, that the ſaid R.S. the now Defendant, and the others, the taking of thoſe Cattell ought not acknowledge juſt, becauſe he faith, that the ſaid place called W. in which, &c. is, and at the time of the ſaid taking was, three cloſes, conteining Ten acres of Land, and eight acres of Paſture in L. aforeſaid, whereof the ſaid W. H. long before the ſaid time was ſeized in his Demeſn, as of Fee, and ſo thereof ſeized before that time, in which, &c. that is to ſay, the Tenth day of January, in the Tenth year of the Reign of the ſaid now King, at G. in the County aforeſaid, thoſe Cloſes, with th'appurtenances, amongſt other Lands & Tenements in G. aforeſaid, demiſed unto the ſaid I.N. to have and occupy unto the ſaid I. N. from the ſame Tenth day of January from thence next following, and ſo from year to year, at the will of him the ſaid W. H. paying therefore yearly unto the ſaid W. H. as long as the ſaid I. N. thoſe Cloſes, and alſo the ſaid Lands and Tenements, by reaſon of that Demiſe ſhould have, and occupy, 26. ſhillings 8. pence, to be paid at the Feaſt of St. Michael th'Arch-Angell, by virtue of which Demiſe, the ſaid I. N. of the ſaid Cloſes, together with thoſe Lands and Tenements was poſſeſſed, untill they the ſaid R. S. of L. and T. H. the aforeſaid W. H. of thoſe Cloſes before the ſaid time, in which, &c. Diſſeiſed, and from thoſe Cloſes of him the ſaid I. N. expelled, and amoved, by which they the ſaid R. S. of L. and T. were ſeized in thoſe Tenements, with th'appurtenances, in their Demeſn, as of Fee by Diſſeiſin, And after that the ſaid I. N. by pretence of the ſaid Demiſe unto him made, put the ſaid Cattell there to feed, Upon which the ſaid R. S. of L. and T. then upon, and in thoſe Cloſes, being the ſaid R. S. the now Defendant, and the others, thoſe Cattell then, that is to ſay, at the ſaid time, in which, &c. they took and deteyned, and the Ewe-ſheep, as yet they unjuſtly detein, of which ſaid taking and deteyning the ſaid I. N. hath now brought his ſaid Action thereupon againſt them; And this he is ready to prove, whereupon he prayeth Judgement, and his Damages by that occaſion to be adjudged unto him, &c.

Defendant maintains his Plea without this they diſſeized the other Plaintif.And they the ſaid R. S. the now Defendant, and the others, ſay, that the ſaid Cloſes at the ſaid time, in which, &c. was the ground and Freehold of the ſaid R. S. of L. and T. and that the ſaid Cattel at the ſame time were in thoſe Cloſes, &c. feeding, and there doing Damage, by which they the ſaid R. S. the now Defendant, and the others as Bayliffs of the ſaid R. S. of L. and T. thoſe Cattell at the ſaid time, in which, &c. they took and deteyned, as unto them it was lawfull, as they before have alleged; Without this, that the ſaid R. S. of L. and T. have diſſeiſed the ſaid W. H. of the ſaid Cloſe,Without this. with th'appurtenances, as the ſaid I. N. before hath alleged, And this they are ready to prove; whereupon, as before, they pray Judgement, &c. and for the ſaid R. S. of L. and T. the retorn of the ſaid Oxen, Steers, Calf, Heifer, and living goods, to be adjudged unto him, to be adjudged unto her, &c.

And the ſaid I. N. ſaith, that the ſaid R. S. of L. and T. have Diſſeiſed the ſaid W. T. of the ſaid Cloſes, with th'appurtenances, in manner and form as he before hath alleged; And this he prayeth, that it may be inquired of by the Countrey, &c.

ſſ. AND they the ſaid R. A. and W. D. by A. B. their Attorney commeth and defendeth the force and wrong, when,One of the Defendants avoweth, and the other Juſtifies as Servant for rent-charge behind. &c. all taking, and whatſoever, &c. And the ſame R. doth well arow, and the ſaid W. D. doth well acknowledge the taking of the ſaid Cattell in the ſaid place, in which, &c. And juſtly, &c. becauſe he ſaith, that the ſaid R. G. Gent. long before the ſaid time, in which, &c. was ſeized of one Tenement, and C. acres of land in C. whereof the place, in which, &c. is, and at the ſaid time, in which, &c. was parcell in his Demeſn, as of Fee, and he ſo thereof ſeized long before the ſaid time, in which, &c. by his certain Deed, which the ſaid R. here in Court profereth, whoſe Date is the fourth day of the month of July, in the nineteenth year of the Reign of the Lord Edward, late King of England, the Fourth, To have, hold, and receive that annuall Rent unto the ſaid R. and his Aſſigns, at the Term of his life, of, and in the ſaid Lands and Tenements, with th'appurtenances, every year, at the Feaſt of St. Michael th'Arch-Angell, the Birth of our Lord, Eaſter, and the Nativity of St. John the Baptiſt, equally to be paid. And the ſaid R. A. further ſaith, that the ſaid R. G. by his ſaid writing further granted, that if it ſhould happen the ſaid yearly Rent to be behind in part, or in all, by one moneth next after any Feaſt, of the ſaid Feaſts, in which it ought to be paid unto the ſaid R. A. or his Aſſigns unpaid, that then it ſhould be lawfull unto the ſaid R. A. and his Aſſigns, into all the ſaid Lands and Tenements, and the reſt of the Premiſſes, with th'appurtenances, to enter and diſtrein, and the Diſtreſſe ſo there taken, to lead, carry away, impound, and in Pound to keep, untill to him of that annuall Rent ſo being behind, together with the Coſts and Charges, if any ſhould be, were fully ſatisfied, and paid. And for twenty ſix ſhillings eight pence being behind at the end of the Nativity of St. John the Baptiſt next before the ſaid time, in which, &c. the ſaid R. A. doth well avow, and the ſaid W. D. as Servant of the ſaid R. A. and by his Command at the ſaid time, in which, &c. doth well acknowledge the taking of the ſaid Cattell in the ſaid place, in which, &c. by the name of Diſtreſſe for 26. ſhillings and 8. pence, ſo being behind, as in the Lands and Tenements unto the Diſtreſſe of him the ſaid R. A. with the ſaid yearly Rent in form aforeſaid charged, as to them were lawfull. And this, &c. whereupon, &c.

And the ſaid I. not acknowledging any the matrers by the ſaid R. A. and W. D. before alleged to be true, ſaith that the ſaid R. G. long before the ſaid time, in which, &c. was ſeized of the ſaid Tenements, with th'appurtenances; in his Demeſn, as of Fee, and he ſo thereof ſeized long before the ſaid time, that is to ſay, the firſt day of October, in the fourteenth year of the Reign of the ſaid now king, at A. in C. aforeſaid, demiſed thoſe Tenements, with th'appurtenances, unto the ſaid I. H. to have and occupy to him, and his Aſſignes, from the feaſt of St. Michael th'Arch-Angell then laſt paſt, untill the end and Term of ſeven years, then next following and fully to be compleated, by virtue of which Demiſe the ſaid I. H. long before the ſaid time in which, &c. into the ſaid Tenements, with th'appurtenances, entred, and was thereof poſſeſſed, and ſo the ſame I. ſaith that ſhe hath nothing in the ſaid Tenements, with th'appurtenances, unles at the Term of the ſaid ſeven years, in forme aforeſaid, thereupon after that term compleated belonging unto the ſaid R.G. his heirs and Aſſignes, without which ſaid R. G. the ſame I. H. ſaith that ſhe cannot anſwear to the ſaid Plea of the ſaid R. A. and W. D. And prayeth Aid of him the ſaid R. G. and ſhe hath,Aid prayed. &c. Therefore the ſaid R. H. is ſummoned that he before the Lord the King, from the day of Eaſter, in Eight weeks, whereſoever, &c. to anſwer to the ſaid Plea of the ſaid R. A. and W. D. together with the ſaid R. H. if, &c. the ſame day is given to the ſaid parties, &c. At which day before the ſaid King, at Weſtminſter, cometh aſwell the ſaid I. H. as the ſaid R. A. and W. D. by their ſaid Attorney, being ſummoned, &c. by A. B. his Attorney likewiſe cometh and joyneth himſelf, with the aforeſaid I. H. to avow and acknowledge the ſaid, &c. and aſwell the ſame I. as the ſaid R. G. who joyneth himſelf &c. Say that the ſaid R. A. the taking of the ſaid Cattel, in the ſaid place, in which, &c. For the reaſon before alleged,Plaintif and Leſſor ſay that the ſame Leſſor, at the time of the making of the writing by which the ſaid annuall Rent was granted, was within age, &c. to avow juſt, nor the ſaid W. D. the taking of thoſe Cattel, in the ſame place, in which, &c. to acknowledg juſt ought not, becauſe they ſay, that well and true it is that the ſaid R. G. long before the ſaid time, in which, &c. was ſeized in the ſaid Tenements, with th'appurtenances, whereof the ſaid place, in which, &c. is, and at the ſaid time in which &c. was parcell in his Demeſn, as of Fee and that he ſo thereof ſeized long before the ſame time gave and granted the ſaid annuall Rent unto the ſaid R. A. to have and to hold the ſaid annuall Rent unto the ſaid R. and his Aſſignes to the Term of his life in manner and form as the ſame R. A. and the ſaid W. before in pleading have alleged; And further the ſaid I. H. and R. G. ſay, that the ſaid R. G. long before the ſaid time in which, &c. that is to ſay the firſt day of October, in the fourteenth year of the Reign of the ſaid Lord the now King aforeſaid, at A. aforeſaid, demiſed the ſaid Tenements, with th'appurtenances, whereof the ſaid place in which, &c. is, and then was parcell, unto the ſaid I. H. to have and occupy to him and his Aſſignes, from the ſaid feaſt of St. Michael th'Arch-Angell then laſt paſt, untill the end and Term of ſeven years then next following and fully to be compleated, by vertue of which demiſe the ſaid I. long before the ſaid time, in which, &c. was thereof poſſeſſed. And moreover they the ſaid R. G. and I. H. ſay that the ſaid I. G. at the ſaid time of the making of the ſaid writing, was within the age of twenty one years. And this they are ready to prove, as, &c. Within age. Whereupon from which the ſaid R. A. and W. the taking of the ſaid Cattel before acknowledging pray judgement and his damages by that occaſion to be adjudged unto them, &c.

And they the ſaid R. A. and W. D. as formerly ſaith,Defendant maintaines the Plea, without this that the Leſſor was within age. &c. that the ſaid R. G. was ſeized of the ſaid Tenements, with th'appurtenances, in his Demeſn as of Fee, and that he ſo thereof ſeized, by his ſaid Deed, at C. aforeſaid, gave and granted unto the aforeſaid R. A. the ſaid annuall Rent of twenty ſix ſhillings and eight pence, to have and receive that yearly Rent unto the ſaid R. and his Aſſignes to the Term of his life, of and in the ſaid Lands and Tenements, with th'appurtenances, every year at the feaſts of St. Michael th'Arch-Angel, the birth of our Lord, Baſter, and the Nativity of St. John the Baptiſt, equally to be paid, and that the ſaid R. G. by his ſaid writing further granted, that if it ſhould happen the ſaid yearly Rent to be behind in part or in all, by one Month after any feaſt of the ſaid feaſts, in which it ought to be paid unto the ſaid R. A. or his Aſſignes unpaid, that then it ſhould be lawfull unto the ſaid R. A. and his Aſſignes, into all the ſaid lands and Tenements, and the reſt of the premiſſes, with th'appurtenances, to enter, and the diſtreſſes ſo there taken to lead, carry away, impound, and in pound to keep untill unto him of that annuall Rent ſo being behind, together with the Coſts and Charges, if any ſhould be, ſhould be fully ſatisfyed and paid. And for twenty ſix ſhillings and eight pence being behind at the feaſt of the Nativity of St. John the Baptiſt next before the ſaid time, in which, &c. the ſaid R. A. doth wel avow, and the ſaid W. D. as Servant of him the ſaid R. A. and by his Command at the ſaid time, in which, &c. doth well acknowledg the taking of the ſaid Cattel, in the ſaid place, in which, &c. By the name of diſtreſs for the ſame twenty ſix ſhillings eight pence, ſo being behind,Without this that the Grantor was within age, &c. as unto them it was lawfull, in manner and form as they before have alleged, without this, that the ſaid R. G. at the ſaid time of the making of the ſaid writting, he granted the ſaid annuall Rent, he was within the age of twenty one years, in manner and form as they the ſaid I. H. and R. G. before in pleading have alleged. And this, &c. whereupon as formerly they pray judgement and the return of the Cattel to be adjudged unto them; And that the ſaid I. from her ſaid action againſt them had, may be precluded, &c.

And the ſaid I. and R. G. as formerly ſay, at the ſaid time of the making of the ſaid writing of the Grant of the Annuall Rent, was within the Age of twenty one years, in manner and form as they the ſaid I. and R. G. before in Pleading have alleged, and this they pray, that it may be enquired of by the Country, &c.

Defendant juſtifies the taking of the Cattel for parcell of a yearly Rent Charge behind by the name of diſtreſſe. ſſ. AND the ſaid V. E. by R. M. his Attorney cometh and defendeth the force and wrong, when, &c. And as Bailiff of the ſaid T. C. widdow doth well acknowledg the taking of the ſaid Cattel, in the ſaid place, in which, &c. And juſtly, &c. Becauſe he ſaith that long before the ſaid taking ſuppoſed to be done, one J. M. late of the pariſh of St. Lawrence in the Ile of Tenet in the ſaid County, was ſeized of one Tenement, called the H. in the ſaid Pariſh of S. and of twenty four acres of Meadow, thirty acres of paſture, and twenty acres of Wood, with th'appurtenances unto the ſame Tenement appertaining in S. aforeſaid, called the H. whereof the ſaid place in which, &c. is, and at the ſaid time of the ſaid taking ſuppoſed to be done, was parcell, in his Demeſn, as of Fee, and ſo being ſeized the ſaid I. M. the Eighth day of July, in the ſeventeenth year of the Reign of the Lord Henry, late King of England, the ſeventh, at S. aforeſaid, by his certain Writing ſealed with the Seal of him the ſaid I. which the ſaid V. herein Court proſereth, whoſe date is the ſame day and year, gave and granted, and by the ſaid writing, confirmed unto one T. W. Eſquire, father of the ſaid T. a certain yearly Rent of fifty three ſhillings and four pence, going out of the ſaid Tenements called the H. in the Pariſh of S. in the ſaid County, and of all Meadowes, feedings, paſtures, and woods unto the ſaid Tenement in what ſoever manner belonging, To have, levy and receive the ſaid annuall Rent of fifty three ſhillings and four 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 Statute, in ſuch caſe made and provided, to be adjudged unto him. &c.

Plaintif ſaith that the Maſter and Fellowes of the Kings Hall in Cambridge of the Mannor of Rectory of CheſtertonAnd the ſaid T.G. ſaith, that the ſaid T.B. by any matter before alleged, the taking of the ſaid thirty ſix folding Hurdles in the ſaid place, in which, &c. ought not to avow juſt, becauſe he ſaith that the Maſter or keeper of the ſaid Hall or College, and the Felowes, &c. at the ſaid time in which, &c. were ſeized of the Mannor of the Rectory of Cheſterton aforeſaid, whereof the ſaid two Ridges of Land, are, and at the ſaid time in which, &c. were parcell, and the ſaid Maſter or Keeper of the ſaid Hall, or College, and the Fellowes,Whereof, &c. They the ſaid Maſter and Fellowes accuſtomed to have for themſelves and their farmors free folding in the whole precinct of the Town of C. without this that the Defendant, &c. Without this &c. and all thoſe, whoſe eſtate they had in the Mannor of the ſaid Rectory, had and were accuſtomed to have for themſelves, their Tenants and Farmers, free folding in and through the whole Precinct of the Town of C. aforeſaid, by reaſon of his ſaid Mannor, without any Contradiction, or leave of any to hinder; By which the ſaid T. G. as Farmer of the ſaid Maſter, and Fellowes of the ſaid College or Hall, ſet up the ſaid fold as unto him it was lawfull, Without this that the ſaid T. B. and all thoſe whoſe eſtate he hath of, and in the Mannor of C. had and were accuſtomed to have any free fold, in and through all the precinct of the Town of C. aforeſaid, as the ſaid T. B. by his ſaid avowment before hath acknowledged, prayeth judgment, and his dammages by reaſon of the taking of thoſe thirty ſix folding Hurdles to be adjudged unto him.

And the ſaid T. B. as formerly ſaith, that they, and all thoſe whoſe eſtate he hath in the ſaid Mannor of C. aforeſaid, had and were accuſtomed to have free folding in and through the whole Precinct of the Town of C. aforeſaid, as he by his ſaid avowment before hath alledged. And of this he putteth himſelf upon the Countrey, &c.

ſſ. PEter Marton was attached to anſwer N.C. of a Plea, wherefore he took the goods and Chattels of him the ſaid N. and the ſame unjuſtly detained againſt the Sureties and pledges, &c.

And the ſaid P. by W.W. his Attorney cometh and defendeth the force and wrong, when,Defendant as Major of a Burrough Town juſtifies the taking of the skins for Toll denied. Burrough Town &c. And doth well avow the taking of the ſaid Oxe skins, in the ſaid place, in which, &c. and juſtly, &c. Becauſe he ſaith, that the ſaid Town of Helliſton is and from the time of which the Memory, &c. was an ancient Town corporate of Major Bailiffs and Burgeſſes of the Town of H. within which ſaid Town they the ſaid Major Bailiffs and Burgeſſes, and all their Predeceſſors Majors Bailiffs and Burgeſſes of that Town for the time being from the time of which contrary the Memory of men doth not, &c. had, and from all the ſaid time uſed to have a certain market in every Saturday in the year, in which ſaid Market they the ſaid Majors Bailiffs and Burgeſſes they took and accuſtomed to take a certain Toll, of all and all manner Oxen and Cowes skins, of whatſoever perſon or perſons of the ſame Toll not lawfully diſcharged or otherwiſe with the ſame Majors, Bailiffs and Burgeſſes concerning the ſame Toll agreed and accorded within the Precinct of the ſaid Town, that is to ſay of every Buyer of Beef Skins, in the ſaid Market, ſo ſold unto any perſon, or perſons, foreiners, One half-pennie, and if any refuſe to pay that Toll, then the ſaid Major Bailiffs and Burgeſſes, and all their Predeceſſors Majors Bailiffs and Burgeſſes, of the ſaid Town, for the time being, from the time of which contrary, &c. uſed and accuſtomed by themſelves, their officers or Servants, within that Town, or within the Precinct of the ſame Town, to take and keep ſuch Oxen and Cowes skins, ſo in the ſaid Market being ſold, untill the ſaid Toll thereof be paid, and the ſaid P. ſaith that the ſaid N. before the ſaid time in which, &c. at H. aforeſaid within the Precinct of the ſaid Town, that is to ſay in the Market place there, he bought the ſaid two Oxe skins, in the Market day of the ſame Town, upon which the ſaid P. the then Major of the ſaid Town, at the ſaid Town in which, &c. at H. aforeſaid, demanded of the aforeſaid N. one penny, unto the ſaid P. the then Major of the ſaid Town, and to the Bailiffs and Burgeſſes of the ſame Town, due for Toll, for the ſaid two Oxes skins, at the ſame time in the ſaid place, in which, &c. being, which ſaid pennie and every parcell thereof the ſaid N. unto the ſaid P. to the uſe of the ſaid P. at that time Major of the ſaid Town, Bailiffs and Burgeſſes, then and there refuſed to pay, by which the ſaid P. then Major of the ſaid Town, the ſaid two Beef skins, of the ſaid goods and Chattels of the ſaid N. then and there being, for the ſame penny in form aforeſaid denied at H. aforeſaid, in the ſaid place, in which, &c. in the ſame time, doth well avow the taking of the ſaid two skins, for the ſaid Toll in form aforeſaid denied and refuſed. And this he is ready to prove, whereupon he prayeth judgment, and return of thoſe two skins to be adjudged unto him, &c.

Plaintif ſaith that he is Burgeſſe of the Burrough of Bodmin and that by reaſon thereof he is diſcharged of all Tolls within the Town of H. in barr ſpecified.And the ſaid N. C. ſaith, that the ſaid P. by any matter before alleged the ſaid taking of the ſaid two skins, in the ſaid place, in which, &c. ought not to avow juſt, becauſe he ſaith, that he the ſaid N. at the time of the taking of the ſaid skins, and long before that was a free Burgeſſe of the Burrough of the Lord the King, at Bodmyn in the ſaid County, And that the ſaid Burrough of Bodmyn, is, and from the time of which contrary the Memory of men doth not remain, was an ancient Burrough, of a Major Bailiffes and Burgeſſes of that Burrough, within which ſaid Burrough all the Burgeſſes of that Burrough, and their Predeceſſors Burgeſſes of the ſame Burrough, from the time of which contrary, &c. were, and from all the time aforeſaid, were uſed to be diſcharged freely and quietly, from all Tallages and Tolls, aſwell within the ſaid Town of Helliſton, as in and through all C. aforeſaid, and that they may freely buy and fell all and ſingular Marchandize, things and Wares, aſwell within the ſaid Town of H. or otherwhere, without Toll or Tallage thereof unto any perſon or perſons rendring without any Contradiction, by pretence of which the ſaid N. as a free Burgeſſe of the ſaid Burrough of B. at H. aforeſaid, in the ſaid place, in which, &c. the ſaid ninth day of Auguſt, in the fourth year of the Reign of the ſaid now King aforeſaid, did buy the ſaid two One Skins, and of thoſe Skins was poſſeſſed, untill the ſaid P. of his own Wrong, and without lawfull Cauſe at H. aforeſaid, in the ſaid place, in which, &c. thoſe Skins out of the poſſeſſion of him the ſaid N. did take, And this he is ready to prove; whereupon from the ſaid P. his taking of the ſaid two Oxe skins in the ſaid place, in which, &c. before acknowledged, the ſaid N. prayeth Judgement and his Damages by occaſion of the ſaid Oxe skins to be adjudged unto him, &c.

And the ſaid P. as before ſaith, that the ſaid Town of H. is, and from all the time aforeſaid, was an antient Burrough, of Maior, Bailiffs and Burgeſſes of the ſaid Town of H. within which ſaid Town the Mayor, Bailiffs, and Burgeſſes, and all their Predeceſſors, Mayors, Bailiffs and Burgeſſes of that Town for the time being, from the time aboveſaid, had and uſed to have a certain Market on every Saturday in the year, in which ſaid Market, they the ſaid Maiors, Bailiffs and Burgeſſes did take, and have accuſtomed to take the ſaid Toll of all, and all manner Oxen and Cowes Hides, of whatſoever perſon or perſons of the ſame Toll not lawfully diſcharged, or otherwiſe with the ſame Maior, Bailiffs and Burgeſſes of the ſame Toll agreed and accorded, within the Precinct of the ſame Town, that is to ſay, of every buyer of every Oxen and Cowes Hide in the ſaid Market ſo fold unto any perſon or perſons Foreiners, one half-peny, and if any refuſed to pay that Toll, then the ſaid Maior, Bailiffs and Burgeſſes, and all their Predeceſſors, Maiors, Bailiffs and Burgeſſes of the ſaid Town of H. for the time being, for all the time aforeſaid, uſed, and were accuſtomed by themſelves, their Officers or Servants, within the ſaid Town, or within the Precinct of the ſaid Town, to take and keep ſuch Oxen and Cowes Hides, ſo in the ſaid Market being ſold, untill the ſaid Toll thereof be paid,Without this. Without this, that the ſaid Maior, Bailiffs and Burgeſſes of the ſaid Town of Bobmyn, uſed, and from the time of which, &c. accuſtomed to buy and ſell all and ſingular Merchandizes, Affairs and Wares within the ſaid Town of H. without Toll or Tallage to be rendred unto any perſon or perſons, as the ſaid N. afore hath alleged; And this he is ready to prove, whereupon he prayeth Judgement, and the Retorn of the ſaid two Skins to be adjudged unto him, &c.

And the ſaid N. as before ſaith, that the ſaid Maior, Bailiffs, and Burgeſſes of the ſaid Town of B. had uſed, and from the time of which, &c. they accuſtomed to buy and ſell, all and ſingular Merchandizes, Affairs and Wares within the ſaid Town of H. without Toll or Tallage thereof unto any perſon or perſons to be rendred as he afore hath alleged; And this he prayeth that it may be inquired of, &c.

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ſſ. T. K. was Summoned to anſwer unto I. N. and I. F. of a Plea, wherefore he took the Cattell of him the ſaid I. and the other, and the ſame unjuſtly deteyned againſt the Sureties and Pledges, &c.

Defendant as to one One ſaith, that he did not take, and as to the other, that he took it by the name of a Heriot.And the ſaid T. L. by J. G. his Attorney commeth and defendeth the force and wrong, when, &c. and as to the taking of one Oxe of the ſaid Oxen, the ſaid T. ſaith, that he did not take the ſaid, as the ſaid J. and J. before againſt him do Complain, And of this he putteth himſelf upon the Countrey. And the ſaid I. and I. likewiſe, &c And as to the taking of the other Oxe of the ſaid Oxen, the ſaid T. doth well avow the taking of the ſaid other Oxe in the ſaid place, in which, &c. and juſtly, &c. becauſe he ſaith, that long before the taking of the ſaid other Oxe, before ſuppoſed, one J. G. was ſeized of one Meſſuage, with th'appurtenanees in W. aforeſaid, in his Demeſn, as of Fee, and ſo ſeized held the ſame of the ſame T. by Fealty, and the Rent of eight pence unto him the ſaid T. every year, at the Feaſts of the Annunciation of the bleſſed Mary, &c. and of St. Michael th'Arch-angell, to be paid by equall Portions, and alſo by Service, that every Tenant of the ſaid Meſſuage, with th'appurtenances thereof, ſeized in his Demeſn, as of Fee, or in uſe from the time of which Contrary, &c. he ought, and had accuſtomed to render unto the ſaid T. and his Heirs, the beſt living of the ſame Tenant of the ſaid Meſſuage with th'appurtenances ſo thereof dying ſeized in his Demeſn, as of Fee, or in uſe, by the name of Heriot, of which Services the ſaid T. was ſeized, by the hands of the ſaid I. G. as by the hands of his true Tenant, that is to ſay, of the ſaid Fealty, as of Fee and right, and of the ſaid Rent in his Demeſn as of Fee. And afterward the ſaid I. G. dyed of the ſaid Meſſuage, with th'appurtenances, ſeized in his Demeſn, as of Fee. And becauſe the ſaid other Oxe was the proper Oxe of the ſaid I. G. at the time of his death, the ſaid T. that Oxe as the beſt Animall which was of the ſaid I. G. at the time of his death, by the name of a Heriot, he took and juſtly, &c.

Plaintif ſaith, that the Meſſuage, &c. is without the Fee, & Lordſhip of the Defendant.And they the ſaid I. N. and I. F. ſay, that the ſaid T. L. by any matter before alleged, the taking of the ſaid other Oxe, reſidue of the ſaid two Oxen, ought not to avow juſt, becauſe he ſaith, that the ſaid Meſſuage with th'appurtenances, is, and at the ſaid time, in which, &c. was without the Fee and Lordſhip of the ſaid T. and not within; And this he is ready to prove; whereupon from what the ſaid T. L. the taking of that Oxe before hath acknowledged prayeth Judgement, and his Damages by occaſion of the taking and deteyning of the ſaid Oxe to be adjudged unto him, &c.

And the ſaid T. L. ſaith, that the ſaid Meſſuage with th'appurtenances, is, and at the ſaid time in which, &c. was within the Fee, and Lordſhip of him the ſaid T. as he before hath alleged, And of this he putteth himſelf upon the Country, and the ſaid I. N. and I. F. likewiſe, &c. therefore aſwell to try, &c. as, &c. commeth, &c. before the ſaid King in eight dayes of the holy Trinity whereſoever, &c. And who neither, &c. To Recognize, &c. becauſe aſwell, &c. The ſame day is given unto the ſaid parties, &c.

ſſ. AND they the ſaid I. B. and W. B. by A. B. their Attorney commeth and defendeth the Force and Injury, when,One of the Defendants pleads, that he did not take, the other Defendāt juſtifies by vertue of a Demiſe to him made of five acres at Will for Damage feaſant. &c. and the ſaid W. ſaith, that he did not take the ſaid Cattell, as the ſaid E. before againſt him hath declared; And of this he putteth himſelf upon the Countrey, And the ſaid E. likewiſe, &c. And the ſaid I. doth well avow the taking of the ſaid Cattell in the ſaid place, in which, &c. and juſtly, &c. becauſe he ſaith, that long before the time in which the ſaid taking is ſuppoſed to be done, one J. T. and W.M. were ſeized of five acres of Land with th'appurtenances in the ſaid Town of B. whereof the ſaid place in which the ſaid taking is ſuppoſed to be done, is parcell in his Demeſn, as of Fee, and ſo thereof ſeized, Demiſed the ſame five acres of Land with th'appurtenances, whereof the ſaid place, in which, &c. is parcell, unto the ſaid I. B. To have and to hold unto the ſaid I. B. from year to year, at the will of them the ſaid I. T. and W. M. by virtue of which Demiſe the ſaid I. B. was poſſeſſed of the ſaid five acres of Land, with th'appurtenances, To hold in form aforeſaid, and ſo thereof poſſeſſed by the Will of the ſaid I. T. and W. M. plowed the ſaid five acres of land, and with Corn ſowed the ſaid five acres of land, after the ſame Sowing at the ſaid time, in which the ſaid taking is ſuppoſed to be done, when the ſaid Corn was bladed, And for that, that the ſaid I. B. at the ſame time in which, &c. found the ſaid Cattell in the ſame place, in which, &c. there doing Damage, and eating the ſaid blades, the ſaid I. B. doth well avow the taking of the ſaid Cattell in the ſaid place, in which, &c. doing Damage, &c.

And the ſaid E. ſaith,Plaintif faith, that the treſpas was done for default of Cloſure of the Defendant. that the ſaid I. for the reaſon before alleged the taking of the ſaid Cattell ought not to avow juſt, becauſe he ſaith that the five acres of land are one Cloſe by it ſelf, and that the ſaid I. T. and W. M. and all other Tenants thereof from time out of mind, have accuſtomed to ſhut the ſaid Cloſe, ſo as themſelves undamnified from going into that Cloſe, and the feeding, treading down of their graſſe or blades there growing. by the Cattell of whomſoever there to be done, they would preſerve, And the ſaid E. further ſaith, that he is, and at the ſame time was ſeized of another five acres of Land, with th'appurtenances, in the ſame Town, neer adjoyning unto the ſaid Cloſe, And that he before the ſaid time, of the ſaid taking, put the ſaid Cattell in his ſaid five acres of Land to feed, and thoſe Cattell for default of ſhutting of the ſaid Cloſe, of the ſaid I.T. and W. M. entred the ſame Cloſe, and the ſaid Damage, at the ſame time of the ſaid taking did; And this he is ready to prove, &c. Whereupon, from which the ſaid I. B. the taking of the ſaid Cattell, in the ſaid place, in which, &c. as before, prayeth Judgement, and his Damages by that occaſion to be adjudged unto him, &c.

Defendant ſaith, that the place in which &c. was not uſed to be cloſed from the time, &c.

Without this.

And the ſaid I. B. ſaith, that he by any matter before alleged, from the taking the ſaid Cattell to be avowed, ought not to be precluded, becauſe he ſaith, that the ſaid Cloſe doth lye open, Without this, that the ſaid I. T. and W. M. and all others, Tenants thereof, accuſtomed to ſhut that Cloſe, from the time which Memory is not extant, as the ſaid I. B. before hath alleged, And this, &c. whereupon he prayeth Judgement and the retorn of the ſaid Cattel to be adjudged unto him, &c.

And the ſaid E. ſaith, that the ſaid I. T. and I. M. and all others, Tenants of the ſaid Cloſe, accuſtomed to ſhut the ſaid Cloſe, from the time in which Memory is not extant, As the ſaid E. before hath alleged, And this he prayeth may be Inquired of by the Countrey, &c.

• ent. Declaration upon a Replev • n, yet they are deteyned in ſeverall places. ſſ. W. D. H. T. and J. W. were ſummoned to anſwer unto T. K. of a Plea, wherefore they took the Cattell of him the ſaid T. and the ſame unjuſtly deteined againſt the Sureties and Pledges, &c. Whereupon the ſaid T. by W. his Attorney Complaineth, that the ſaid H. and I. 12. day of February, in the Tenth year of the Reign of the ſaid now King, at H. in the County aforeſaid, in certain places called M. and D. they took the ſaid Cattell, that is to ſay, in the ſaid place, called M. 31. Weather-ſheep, parcell, &c. in the ſaid place called D. they took three Lambs, reſidue, &c. and the ſame as yet they unjuſtly detein againſt Sureties and Pledges, &c. whereupon he ſaith, that he is the worſe, and hath damage to the value of ten pounds, And thereupon he bringeth his Sute, &c.

Two of the Defendants doe avow the taking in the right of their Wives, as Daughters, and Heirs of a Woman who was ſeized of Land, for Damages done, and the third as Servant of them, and by their Command doth well acknowledge the taking, &c.

Plaintif ſaith in replying that another in the right of his Wife was ſeized of the Tenements, &c. and the ſame Plaintif Demiſed at Term of years, Without this, that the Mother of the Wife avowing, dyed ſeized of the Tenements, &c. as, &c. and prayed further, that the Avowant ſecure unto him Deliverance, &c.

Defendant maintaineth that the Mother of their Wives dyed ſeized as, &c. and for ſecurity of Delivery, they ſhould ſay, in form following, &c.

And further,The Advocants ſay, that they took the Cattell by the name of a Diſtreſs, & they put them in an open Poūd where they periſhed. they the ſaid W. H. and I. ſay that they the Delivery of the ſaid Cattell unto the ſaid T. ought not to ſecure, becauſe they ſay, that the ſaid Cattell, in the ſaid ten acres of Land, with th'appurtenances, by the name of a Diſtreſſe, from the Cauſe by them before in their ſaid Avowment alleged they took, and the ſame Cattell unto the Town of B. in the ſaid County they chaſed, and were wronged, And the ſame Cattell there in a certain open Pound, where the ſaid T. might have given them the ſuſtentation of food of Cattell, if he would have given it unto them, to be kept in Safety as a Diſtreſſe, And this they are ready to prove; Whereupon they pray Judgement, if they the Delivery of the ſaid Cattell unto the ſaid T. in this behalf ought to ſecure, &c.

The Advocants ſay, that after the ſaid taking, converted the ſame to his own uſe.

Without this, that in default of the Plaintif, they periſhed with hunger.

And the ſaid T. L. ſaith, that the ſaid W. H. and I. ought not to ſecure the Delivery of the ſaid Cattell unto him, becauſe he ſaith, that they the ſaid W. H. and I. after the taking of thoſe Cattle, converted them to their own uſe; Without this that thoſe Cattell in default of him the ſaid T. with hunger periſhed, in that manner and form, which the ſaid W. H. and J. before in pleading have alleged, And this he is ready to prove, as the Court, &c. Whereupon he prayeth Judgement, and that they may ſecure unto him the Delivery thereof, &c.

And they the ſaid W. H. and I. as formerly ſay, that the ſaid Cattell in the Default of the ſaid T. periſhed with hunger; as they the ſaid W. H. and I. before in pleading have alleged; And of this they put themſelves upon the County, And the ſaid T. likewiſe, &c. And therefore aſwell to try, &c. as, &c.

ſſ. AND upon this the ſaid R. G. prayeth that the ſaid J. and J. may ſecure unto him the Delivery of the two Cows,Inrolment, that the Defendant ſecure Delivery. of the Cows aforeſaid; And they the ſaid J. J. unto him the ſaid R. the Delivery of thoſe Cows are undertaken by T. S. and R. therefore the Command is to the Sheriff, that thoſe two Cows he cauſe to be delivered unto the ſaid R. C. without delay, and in whatſoever manner, &c. he ſhall make known in eight dayes of Saint Hillary, &c.

THe Lord the King,Declaration in a Writ of Replevin of Cattell, where the Defendants doe appear upon the Writ plur. Repleg. of Proces upon a Writ of Replevin by the Plaintif not found. Parl. 37. H 6. Return of a Writ of Plur' Replevin. ſent his Cloſe writ to the Sheriff of Cornwall in theſe words; Henry by the Grace of God, of England, &c. reciting word by word the Writ of the pluries Replegiar. &c. The Indorſement of the ſame Writ followeth, in theſe words, the Cattle within written are removed to a place to me unknown, by the within written I. B. and I. further I Certifie unto the Lord the King, that no other writ beſides this writ, was deliver- unto me. And now at this day, that is to ſay, at the ſaid fifteen dayes of Eaſter, in the ſame Term, before the Lord, the King, at W. cometh aſwell the ſaid W. by I. G. his Attorney, as they the ſaid I. B. and I. K. by P. G. his Attorney, upon which they the ſaid I. B. and I. K. prayeth that the ſaid W. may declare againſt them in the ſaid Plea, and upon this the ſaid W. findeth his Pledges here in Court,

Note if the ſheriff makes Replevin by writ the Plaintif doth not put in ſecurity to the ſheriff but to the Court,

Declaration in a Replevin where the Cattel were taken in one Town, and were impounded and detained in another.

to proſecute, that is to ſay I. G. and R. I. And complaineth that the ſaid I. B. and I. K. the Monday next after the feaſt of the Epiphany of our Lord, in the thirtieth year of the Reign of the ſaid now King at P. in a certain place called M. they took twenty Oxen of the price of every Oxe twenty ſhillings, ten Steeres of the price of every Steere ten ſhillings, ten Cowes of the price of every Cowe ten ſhillings, and four Horſes of the price of every Horſe twenty ſix ſhillings and Eight pence, and brought them to T. and there have impounded and unjuſtly detained againſt Sureties and Pledges. And that they the ſaid I. B. and I. K. the ſame day and year took Cattel, that is to ſay ten Oxen of the price of every Oxe twenty ſhillings, ſix Cowes of the price of every Cow ten ſhillings, and ten Steeres of the price of every Steer ten ſhillings, at H. in a certain place called B. and there impounded and unjuſtly detained, and as yet unjuſtly they doe detain againſt Sureties and Pledges, &c. Whereupon he ſaith that he is the worſe, and bath damage to the value of C marks, and thereupon he bringeth his ſute, &c.

Imparlance in a Replevin.And they the ſaid I. B. and I. K. doe defend the force and wrong when, &c. all taking and unjuſt detaining, &c. whatſoever, &c. And they pray a day to imparſe, and it is granted unto them, &c. And upon this day thereupon is given to the ſaid parties untill in Eight dayes of the holy Trinity whereſoever, &c. That is to ſay the ſaid I. and I. to Imparl and then to anſwer, Kent. Declaration upon a Replevin for taking and detaining of beaſts and Chattels. &c.

K. B. of P. was ſummoned to anſwer unto W. M. of a Plea wherefore he took the Cattel and Chattels of him the ſaid W. and the ſame detained againſt Sureties and Pledges, &c. And whereupon the ſaid W. by I. G. his Attorney complaineth that the ſaid R. in ſuch a day and year, &c. at I. in a certain place called S. took Cattel, that is to ſay, three Horſes, and Chattels, that is to ſay one Cart, and four Copps, and ſix Sheaves of the wheat of him the ſaid W. and the ſame detained againſt Sureties, and Pledges untill, &c. Whereupon he ſaith that he is the worſe, And hath dammage, &c. And thereupon bringeth his ſute, &c.

Defendant as Bailiff of the Prior acknowledgeth the taking of the Cattell for a Rent charge and a • ears behind where he was thereof by preſcription.And the ſaid R. B. by W. F. his Attorney cometh and defendeth the force and injury, when &c. and as Bailiff of W. Prior of Chriſts Church in Cambridge doth well acknowledge the taking of the ſaid Cattell, &c. in the ſaid place, in which, &c. And juſtly, &c. becauſe he ſaith, that the ſaid T. late Prior of the ſaid Church, Predeceſſor of the ſaid now Prior, and all his Predeceſſors, heretofore Priors of the ſaid Church, from the time of which, &c. were ſeized of a certain Rent of ſix ſhillings eight pence, Comming forth of twenty acres of Land, with th'appurtenances, in I. aforeſaid, whereof the ſaid place, in which, &c. is, and at the time of the ſaid taking done, was parcell in his Demeſn, as of Fee, in the Right of his ſaid Church, by the hands of the Tenant of thoſe twenty acres of Land, with th'appurtenances, for the time being,As of a Rent-Charge. yearly at the Feaſt of the Aſcenſion of our Lord, and of St. Andrew the Apoſtle, to be paid by equall Portions, And the ſaid T. late Prior, and all his Predeceſſors heretofore Priors of the ſaid Church, from the time of which, &c. in the Right of that Church diſtreined, and uſed to diſtrein for the ſaid Rent, and the Arrerages of the ſame, in the ſaid twenty acres of Land, with th'appurtenances, and in every parcell thereof, when that Rent, or any parcell thereof unto the Prior of the ſaid Church for the time being, by any Feaſt, in which, as is premiſed, ought to be paid, ſhould happen to be behind unpaid, and the Diſtreſſes ſo taken, to lead, chaſe, carry away, and wholly to retein them, untill that Rent, and the Arrerages of the ſame, unto the Prior of the ſaid Church for the time being, ſhould be fully ſatisfied and paid, which ſaid T. the late Prior afterward dyed,The death of one of the Priors, the Chooſing of another. after whoſe death the ſaid now Prior was elected, and made Prior of the ſaid Church; And becauſe the ſaid Rent at the time of the ſaid taking ſuppoſed to be done, was behind for two years next before the day of the ſaid taking done unto the ſaid now Prior, unpaid, the ſaid R.B. as Bailiff of the ſaid now Prior, for thirteen ſhillings four pence of that Rent of thoſe two years ſo being behind, doth well acknowledge the taking of the ſaid Cattell, and Chattels, in the ſaid place, in which, &c. And juſtly, &c. as in parcell of the ſaid twenty acres, with th'appurtenances, unto the Diſtreſſe of him the ſaid Prior of that Rent, in form aforeſaid charged, And juſtly, &c. And this he is ready to prove, &c. whereupon he prayeth Judgement, and the Retorn of the ſaid Cattell and Chattells to be adjudged unto him, &c.

ACTIONS OF TRESPASS upon the CASE. TRESPAS UPON THE CASE.

Declaration for ſcandall of a Tytle. ſſ. R. Stevens, otherwiſe Walker, complaineth of Thomas Gittens, in the Cuſtody of the Marſhall, &c. for that namely, that whereas the eighth day of October, in the eleventh year of the Reign of the ſaid Lady, the now Queen, one I. E. was ſeized in his Demeſn, as of Fee, of, and in one Meſſuage, a hundred acres of Land, fourty acres of Meadow, two hundred acres of Paſture, and twenty acres of Wood, with th'appurtenances, in H. in the ſaid County, and ſo being thereof ſeized, the ſame I. afterwards, that is to ſay, the 22. day of October, in the ſayd eleventh year, infeoffed the ſaid R. of the ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances, to have to the ſaid R. to him and his Aſſigns for ever, by virtue of which the ſaid R. into the ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances entred, and was, and yet is thereof ſeized in his Demeſn, as of Fee, which ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances, being deſirous to ſell, to pay divers ſums of money unto divers perſons unto whom he was indebted, the ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances unto one G. P. and divers other ſubjects of the Lady, the now Queen, after the ſaid 22. day of October, in the eleventh ſent aforeſaid, and before the 20. day of March, in the twenty third year of the Reign of the ſaid Lady the now Queen, for one hundred pounds of lawfull money of England could have bargained, and aliened, the ſaid Thomas, well knowing of the Premiſſes, craftily and deceiptfully imagining, and intending the ſaid R. of the Sale of the ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances, for a good value of the ſame, maliciouſly to hinder, and the right and Title of the ſaid R. of, in the ſaid R. and the reſt of the Premiſſes unjuſtly and untruly to extenuate, ſcandalize, and to bring into obloquy; Afterwards, that is to ſay, the 22. day of March, in the twenty third year aboveſaid, at H. aforeſaid, in the ſaid County, by colour of a certein Deed indented by one W.E. unto the ſaid T. of, and in the Premiſſes, made in the preſence and hearing of divers Venerable, and of other worthy people of Credit, ſubjects of the now Lady the Queen, then, and there being, and hearing, did ſpeak theſe falſe, feigned, and ſcandalous Engliſh words, and plainly with a loud voice, pronounced and publiſhed, that is to ſay I (himſelf the ſaid T. B. meaning) have better right to half the Lands (meaning the half of the ſaid Meſſuages and Tenements above ſpecified) than he the (meaning the ſame) R. now Plaintif hath, Which ſaid W. E. had no right to ſell the ſaid Meſſuage, and the reſt of the Premiſſes, where in truth the ſaid R. S. purchaſed the ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances, of the ſaid I. E. who at the time of that purchaſe had right to ſell the ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances, and where in truth the ſaid T. E. nothing of right or lawfull claim, of, to, or in the ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances, then had, or as yet hath, or in any manner whatſoever was able, or is able lawfully to ſell or demand, by pretence of which ſaid ſpeech, publication and claim aforeſaid, the ſaid R. at any time after the 20. day of March, in the twenty third year above ſaid, the ſaid Meſſuage, and the reſt of the Premiſſes,Enquire whether theſe words are ſufficient to maintain the ſaid Action, becauſe the Defendant ſpoke the words in his proper right and tytle. with th'appurtenances, unto any perſon in no wiſe could bargain or ſell, by reaſon of which, the ſaid R. was not onely conſtreined to his great charges and coſts to borrow of divers perſons, divers ſums of money to be paid at the debt of him the ſaid R. and alſo true it is, the ſame R. for clearing of the ſaid Title and Claym by the ſaid T.G. in form aforeſaid made, and for the manifeſtation and proof of the right and title of him the ſaid R. aforeſaid, of and in the ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances, he took upon him, and underwent divers grievous Labours of his body, and hath divers wayes ſpent vaſt ſums of money, and alſo certain other great dutifull Affairs of him the ſaid R. doe remain undone, and neglected; Whereupon the ſaid I. ſaith, that he is the worſe, and hath Damage to the value, &c.

Juſtification of the ſpeaking of the ſcandalous words, by reaſon of a Feoffment. ſſ. AND the ſaid T. E. by E. B. his Attorney cometh and defendeth the force and Injury, when, &c. And ſaith that he ought not to maintain an Action, becauſe he ſaith, that the ſaid W. E. tenth day of Auguſt, in the eleventh year of the Reign of the now Lady, the Queen, was ſeized in his Demeſn, as of Fee, of, and in the Moitie of the ſaid Meſſuage, and the reſt of the Premiſſes, with th'appurtenances in H. aforeſaid, in the County aforeſaid; And ſo thereof being ſeized, the ſaid W. E. afterwards, that is to ſay the tenth day of October, in the ſeventeenth year of the Reign of the Lady, the now Queen, for the ſum of 13. l. 6. s. and eight pence, of lawfull money of England, to him paid, infeoffed the ſaid T. E. of the Moity of the ſaid Meſsuage, and of the reſt of the Premiſses, with th'appurtenances in H. aforeſaid, To have unto the ſaid T. E. his Heirs and Aſſigns for ever, to the uſe and behoof of him the ſaid T. E. his Heirs and Aſſigns for ever, by reaſon of which ſaid Feoffment in form aforeſaid, unto the ſaid T. E. by the ſaid W. E. made afterwards, that is to ſay, the ſaid twentieth day of March, in the twenty third year aboveſaid at H. aforeſaid, in the County aforeſaid, the ſaid T. E. did ſpeak the ſaid Engliſh words, in the ſaid Declaration before ſpecified, namely, &c. As to him it was lawfull, And this, &c. whereupon, &c.

Defendant in his own Injury. ſſ. AND the ſaid R. S. ſaith, that he by any matter by the ſaid T. E. above in pleading alleged, ought not to be precluded, becauſe he ſaith, that the ſaid T. the twentieth day of March, in the twenty third year aboveſaid, at H. aforeſaid, of his own Injury, without ſuch Cauſe by him the ſaid T. above in pleading alleged, did ſpeak the ſaid Engliſh words in the ſaid Declaration above ſpecified, namely, &c. in manner and form as the ſaid R. above againſt him Complaineth, And of this he putteth, &c.

Declaration for words the Plaintif to be a felon. ſſ. E. H. Complaineth of W. T. in the Cuſtody of the Marſhall, &c. for that namely, that whereas the ſaid E. remained a good, true, faithfull, and Liege Subject of the now Queen, and as a good, true, faithfull, and Liege Subject of the ſaid now Queen, and of divers of her Progenitors, late Kings of England, from the time of his Nativity hitherto, behaved, had and governed himſelf, and of a good name, fame, condition, converſation, and geſture among all his Neighbours, and other faithfull Subjects of the Lady, the now Queen, with whom the ſaid E. hitherto had fellowſhip, was noted, and reputed, and as a faithfull ſubject of the ſaid Lady, the Queen, without any Crime of Theft, Felony, Falſity and Deceipt, from the whole time aforeſaid hath remained, and continued unhurtfull, untoucht, and unſpotted; Notwithſtanding which, the ſaid W. not being ignorant of the Premiſses, thinking to deprive the ſaid G. of his good name, fame, and credit aforeſaid, And ſo to bring him the ſaid E. into a bad name, fame, and opinion of the Liege people of the ſaid Lady, the Queen, as they the ſaid Liege people of the ſaid Queen, from the Company of him the ſaid E. ſhould withdraw themſelves, & with him in any manner they diſtruſted to deal, or to have Comerce, And in forfeiture of all and ſingular his Goods and Chattells, Lands and Tonements, and alſo to cauſe to be brought, and put into the danger of the loſs of his life (in ſuch a day and year, at, &c.) in the preſence and hearing of divers Worſhipfull, and other faithfull Subjects of the ſaid Lady, the now Queen, then and there being, and hearing theſe ſcandalous and opprobrious Engliſh words following, which the ſaid E. did ſpeak, utter, affirm, pronounce and publiſh, that is to ſay, &c. by pretence of which ſaid falſe and ſcandalous words, ſpeech, and utterance, the ſaid E. not onely in his good name, fame, and credit aforeſaid, which before towards his Neighbours, and divers Worſhipfull, and other faithfull Subjects of the ſaid Lady, the now Queen, he had uſed, is hurt; And alſo it is true, they his ſaid Neighbours, and many more faithfull Subjects of the ſaid Lady, the Queen, with the ſaid E. in any manner refuſed to intermeddle by the ſaid occaſion, and from the company of the ſaid E. they withdrew themſelves, by which the ſaid E. divers great gains, proffits, and advantages, which he in buying, ſelling, and lawfull bargaining with ſuch his Neighbours, and other faithfull ſubjects of the ſaid Lady, the now Queen, to the Relief of him the ſaid E. and his Family, might have gained, hath altogether loſt, and to let paſs to the Damage, &c.

ſſ. K. B. complaineth of R. W. in the Cuſtody of the Marſhall,Declaration upon the Statute for impounding of Cattell without the County. 1. 2. Ph. & M. &c. for that namely, that whereas in the Statute in Parliament of Philip and Mary, late King and Queen of England, began at Weſtminſter the twelfth day of November, in the firſt year of their Reign, then continued, and held untill the ſixteenth day of Aprill then next following, No diſtreſs of Cattell ſhould be driven out of the Hundred, Tythenham, Wapentage, or Townſhip, where the ſaid Diſtreſs ſhould be taken, unleſs it be openly within the ſame County, not above three mile diſtant from the place where the ſaid diſtreſs ſhould be taken; And that no Cattell, or other goods diſtreyned, or taken by the way of Diſtreſs, for whatſoever cauſe, at one time ſhould be Impounded in ſeverall places, by which the Proprietor, or Proprietors of ſuch Diſtreſs, for whatſoever Cauſe ſhould be conſtreyned to proſecute ſeverall Replevins for Deliverance of the ſaid Diſtreſs at one time ſo taken, Under pain of every ſuch perſon offending, contrary to that Act, to forfeit to the party grieved, and for every ſuch offence five pounds, and his treble Damages, As in the ſaid Statute more fully is conteined; The ſaid I. the ſaid Statute not regarding, nor fearing the penaltie in the ſame conteined, five Sheep, and ſix Lambs of him the ſaid R. at G. in the Hundred of F. in the County aforeſaid, being in a certain place called B. took into Diſtreſs, and thoſe Sheep and Lambs thence out of the ſaid County of S. and Hundred, into R. in the County of C. did drive, and thoſe Sheep and Lambs there impounded, and ſo impounded, deteyned againſt the Sureties and P • edges, in Contempt to the Act of now the ſaid Queen, and to the great Damage of him the ſaid R. and contrary to the form of the ſaid Statute, whereupon he ſaith, that he is the worſe, and hath Damage to the value of ten pounds, And thereupon he bringeth his Sute, &c.

Declaration for ſtopping of a way. ſſ. T. W. Complaineth of W. T. the elder, and W. T. the younger, in the Cuſtody of the Marſhall, &c. for that, that is to ſay, that whereas the Town of M. in the County aforeſaid, hath been an antient Town, within which, from time out of mind it had been accuſtomed and uſed, that every Inhabitant of the ſaid Town for the time being, well, freely, and quietly might, and was able to paſs through a certain way, called the Church-way, leading from M. aforeſaid, untill to a certain place in the Pariſh of M. aforeſaid, called Ledborn Green, from time, for the carriage of his Hay, aſwell through a certain paſſage, called a Mead, in the ſaid Pariſh, as through certain Cloſes and Paſtures in L. aforeſaid, to his ſeverall Meſſuages in M. aforeſaid, being they the ſaid W. T. the elder, and W. well knowing of the Premiſſes, craftily deviſing to hinder and diſturb the ſaid T. and all the Inhabitants of the Town of M. aforeſaid being, from the whole benefit and profit of the ſaid way, the Ninth day of J. in the eighteenth year of the Reign of the now Queen, at M. aforeſaid, upon the ſaid way in a certain place there called B. H. in the Pariſh of M. aforeſaid, erected and made up a Hedge; And him the ſaid T. then an Inhabitant of the Town of M. aforeſaid, being to uſe the ſaid Way with a certain Carriage of Hay of the ſaid T. which he then had carried away from the ſaid Cloſes, called Ledborn Cloſes, and through the ſaid Way to his Meſſuage in M. aforeſaid, then being, he was about to bring away, then, and there, he was hindred and diſturbed, by which the ſaid many Enjoyments, gains and advantages, which he with the uſe of the ſaid way might have had, and benefitted, by reaſon of the ſtopping of the ſaid way, and hindring of his ſaid Carriage wholly loſt and let paſs to the damage of him the ſaid T. a hundred pounds; And thereupon he bringeth his Sute, &c.

ſſ. I. F. Merchant complaineth of E. P. in the Cuſtody of the Marſhall,Declaration where the Defendant in Conſideration of 30. ſhillings promiſed to ſecure the Plaintif of certain goods then being beyond the Seas, and to have them ſafely unloaden at London. &c. for that namely that whereas the ſaid I. the firſt day of January, in the fortieth year of the Reign of the now Queen of England, at London, that is to ſay, in the Pariſh, &c. had appointed, that divers Wines, Sacks, and other Merchandize, ſhould be provided and bought for the ſaid I. at the Iſle of Teneriff in parts beyond the Seas by the Factor of the ſaid I. there reſiding as Factor of the ſaid I. in that part ſhould ſee beſt, to the value of five hundred pounds, to be tranſported from the ſame Iſle of Teneriff, or any of the ſaid Iſles of the Canaries, up to London aforeſaid, in a certain Ship called the Francis of Leith, otherwiſe called the Richard Arundel of London, to the uſe of the ſaid I. And whereas alſo the ſaid I. N. had very much deſired to have all ſuch Wines, Sacks, and other Merchandizes of him the ſaid I. or any part therof, which at the ſaid Iſle of Teneriff, or any of the ſaid Iſles of the Canaries, at that time were laden, or then afterwards ſhould be laden in the ſaid Ship, to be tranſported from the ſame Iſle even up to London aforeſaid, and there to be unladen, ſecured, and aſſured unto the ſaid I. N. according to the Cuſtome of Merchants. And the firſt day of M. in the fortieth year of the Reign of the ſaid now Queen aboveſaid, at London aforeſaid, in the Pariſh, &c. had Communication with divers perſons, for, and concerning the Aſſurance aforeſaid, of the ſaid E. P. afterwards, that is to ſay, the ſaid, firſt day of M. in the fortieth year of the Reign of the ſaid now Queen aforeſaid, at L. aforeſaid, in the Pariſh and Ward aforeſaid, for, and in Conſideration that the ſaid J. N. then and there upon himſelf aſſumed, and unto the ſaid E. promiſed to pay unto the ſaid E. thirty ſhillings of lawfull, &c. when he ſhould be thereunto required by the ſaid E. for the Aſſurance of ſo much Wines, Sacks, and other Merchandizes of him the ſaid I. of whatſoever kind or nature they were, which at the Iſle of Teneriff aforeſaid, or any Iſle of the ſaid Iſles of the Canaries at that time were laden, or then afterwards ſhould be laden in the ſaid Ship to London aforeſaid by Sea to be tranſported in the ſaid Ship, as much as ſhould come to the ſum of twenty five pounds, upon himſelf aſſumed and unto the ſaid I. then, and there, that is to ſay, the day and year laſt ſaid at L. aforeſaid in the Pariſh and Ward aforeſaid faithfully promiſed, that if the Wines, Sacks, or other Merchandizes of him the ſaid I. in the ſaid Ship then laden, or then afterwards to be laden at the Iſle of Teneriff aforeſaid, or any Iſle of the ſaid Iſles of the Canaries, ſhould happen to be loſt or taken away by men of War, Fire, Enemies, Pirats, • etterones, Letters of Mart, or Countermart, Arreſts, Reſtraints, or by the detention of Kings or Princes, or other perſons whatſoever, Barratry of the Maſter of the ſaid Ship, and Mariners of the ſame Ship, or by any other danger, • oſſe, or miſfortune whatſoever, or howſoever happening, or comming, from the day and hour of the lading of the ſaid Wines or Merchandizes aboard the ſaid Ship at the Iſle of Teneriff, aforeſaid or any Iſle of the ſaid Iſles of the Canaries, before that the ſaid Ship, with the ſaid Wines, Sacks, or other Merchandizes in the ſame Ship ſo as aforeſaid, being laden, or ſhould be laden, ſhould arrive at L. aforeſaid, and before that the ſame Wines of Sacks, or other Merchandizes ſhould be at London aforeſaid diſcharged, and upon land put in good Security, that then he the ſaid E. P. twenty five pounds of lawfull money of England, unto the aforeſaid, when thereunto he ſhould be required, after ſuch loſſe, or taking away, well, and truly to pay, and, &c. And that in Caſe of any misfortune, it ſhould be lawfull unto the ſaid I. his ſervants, Factors and Aſſigns, to ſue and labour for, in, and about the defence, ſafeguard and Recovery of the ſaid Wines of Sacks, or other Merchandizes, or of any parcell thereof, without any prejudice of the ſaid Aſſurance. And that at the charges thereof, the ſaid E. ſhould contribute according to the rate and quantity of the ſaid ſum ſo aſſured, and the ſaid I. N. in fact ſaith, that after the ſaid promiſe and aſſumption, ſo as aforeſaid made, and before the day of the obteyning of this Bill that is to ſay the eighteenth day of A. in the fortieth year of the Reign of the ſaid now Queen aboveſaid, at the ſaid Iſle of Teneriff, in the Port of the ſaid Iſle thirty two Pipes of Canary Wines, in the whole amounting to the value of fifty pounds of lawfull, &c. of the proper goods and Chattels of him the ſaid I. were laden into the ſaid Ship in another Iſle of Teneriff aforeſaid, by Sea, in the ſaid Ship to be tranſported to London, to the uſe of the ſaid I. And that the ſaid Ship afterwards, that is to ſay, the twentieth day of A. in the fortieth year aforeſaid, from the Iſle of Teneriff aforeſaid, and Port of the ſame Iſle, with the the ſaid thirty two of thoſe Pipes of Canary Wines of the ſaid I departed laden, and was comming forward, for, and upon the Sea in his Voyage towards London aforeſaid, with the ſaid Wine; And further the ſaid I. N. in fact ſaith, that after the ſaid lading of the ſaid thirty two Pipes of Canary Wines of the ſaid I. N. in the ſaid Ship in form aforeſaid done, to be tranſported from the ſaid Iſle of Teneriff, up to London aforeſaid, and after the ſaid departing of the ſaid Ship from the ſaid Port of the Iſle of Teneriff aforeſaid, in his ſaid Voyage towards London aforeſaid, the ſame Ship b • ing laden with the ſaid thirty two Pipe of Canary Wines of him the ſaid I. N. in ſaying upon the main Sea, from the Iſle of Teneriff aforeſaid towards London aforeſaid that is to ſay, the twenty eighth day of I in the fortieth year of the Reign of the ſaid now Queen aforeſaid, by the boiſterouſneſs of Winds, and great Tempeſts in the main 〈◊〉 was overwhelmed, and there was caſt away, and the ſaid thirty two Pipes of the Canary Wines of him the ſaid I. there then, and in the main Sea were altogether loſt, that the ſaid I. N. afterwards, that is to ſay, the Tenth day of A. in the fortieth year aforeſaid at London aforeſaid, in the Pariſh, and, &c. gave Notice to the ſaid 8. of the ſaid loſſe; Notwithſtanding which the ſaid E. his promiſe and Aſſumption aforeſaid, nothing regarding, but imagining, and fraudulently intending the ſaid I. N. of the ſaid twenty five pounds, or any parcell thereof unto the ſaid I. N. hath not as yet paid, or in any manner for the ſame hath ſatisfied, although afterwards, that is to ſay, ſuch a day and year at L. aforeſaid, in the Pariſh, and &c. was required by the ſaid I. to doe this, whereupon the ſaid I. faith that he is the worſe, and hath Damage to the value of ten pounds, And thereupon he bringeth his Sute, &c.

ſſ. EDward Ayſcoughe Eſquire complaineth of Thomas Pelhum Eſquire, late Sheriff of the ſaid County,

Surrey. Declaration againſt a Sheriff, for that he did not arreſt one in exccution upon a Cap. utl. after Judgement being in his preſence.

Enquire if the Plaintif ought not declare, who aſwell for the Queen, as for himſelf. A Cap' to ſatisfie to the Sheriff of London, and that he was not to be found ret' thereupon for that that the Originall Writ there had iſſued.

in the Cuſtody of the Marſhall, &c. for that, that whereas the ſaid E. formerly, that is to ſay, in the Term of St. Michael, in the 28. and 29th years of the Reign of the now Queen, before Edmond Anderſon, Knight, and his fellows then Juſtices of the Queens Bench at Weſtminſter, in the County of Middleſex, by Conſideration of the ſame Court had recovered againſt one W. Howard, late of, &c. ſixty five pounds three ſhillings four pence, which was adjudged unto the ſaid E. in the Court of the ſaid Queens Bench for his Damages which he had by occaſion of a certain Treſpas upon the Caſe unto him by the aforeſaid W. done, as it had been ſaid, whereupon he was convicted upon which ſaid Judgement the ſaid E. for the more ſpeedy obtaining of the ſaid Damages afterwards, that is to ſay, the nineteenth day of J. in the thirtieth year of the ſaid now Queen, ſhed forth out of the Court of the ſaid Queens Bench a certain Writ of the ſame Queen, to ſatisfie againſt the ſaid W. directed to the then Sheriffs of London, where his Originall Writ in the ſaid Plea had formerly iſſued, by which ſaid Writ, the ſaid Queen had commanded them, the ſaid then Sheriffs of London, that they ſhould take the ſaid W. if he ſhould be found in their Bayliwick, and him ſafely to keep, ſo that they ſhould have his body before the Juſtices of the ſaid Queen at Weſtminſter from the day of the holy Trinitie, in fifteen dayes then next following, to ſatisfie unto the ſaid E. of the ſaid 65. pound 3. ſhillings four pence, which unto the ſaid E. in the ſame Queens Court were adjudged for his ſaid Damage whereof he was Convicted; At which day before the ſaid E. Anderſon and his fellows then Juſtices of the ſaid Queens Bench at Weſtminſter aforeſaid, came the ſame Edward by his Attorney, and T. Skinner, and I. Catcher, then Sheriffs of London, ſent to the then Juſtices of the ſaid Queen at Weſtminſter, that the ſaid W. was not found in their Bayliwick, by which then and there, a Command was to the ſame then Sheriffs of London, Exigent to the Sheriffs of London. that they ſhould cauſe to be called the ſaid W. from Huſting to Huſting, until according to the Law and Cuſtom of the Kingdom of the ſaid Q. of England, he ſhould be Outlawed if he ſhould not appear, and if he ſhould appear, then they ſhould take him, and cauſe ſafely to be kept, ſo that they ſhould have his Body before the Juſtices of the ſaid Queen at Weſtminſt. aforeſaid, on the Morrow of all Souls then next following, to ſatisfie unto the ſaid Edward of the ſaid Damages; At which day before the aforeſaid Juſtices of the ſaid Queen, at Weſtminſter, came the ſaid E. by his ſaid Attorney,Exigent retorned by the new Sheriffs, which was executed by the Sheriffs of London their Predeceſſors. and H. Offeley, and R. Saltenſtall, then Sheriffs of London, then and there retorned the ſaid Writ unto them by the ſaid T. Skinner, and I. C. late Sheriffs of London, their Predeceſſors in going out from their Office delivered unto them, and in form following retorned, and executed, that is to ſay, at the Huſting of a Plea of the Land held in Guild-hall of the City of London, on Monday next after the Feaſt of the Apoſtles of Peter and Paul, in the thirtieth year aboveſaid, the ſaid W. the firſt time was called, and did not appear; At the Huſting of a Plea of the Land held in the Guild-hall of the ſaid City, on Monday next after the end of St. Mildred the Virgin, in the thirtieth year aboveſaid, the ſaid W. was the ſecond time called, and did not appear, At the Huſting of a Plea of the Land held in Guild-hall of the ſaid City, on Monday next after the end of St. James the Apoſtle, in the thirtieth year aboveſaid, the ſaid W. was the third time called, and did not appear; At the Huſting &c. held. &c. on Monday next afor the end of St. Faiths the Virgin, in the year, &c. the ſaid W. was the fourth time called, and did not appear; At the Huſting &c. held, &c. on Monday next after the end of St. Luke the Evangeliſt, in the thirtieth year aboveſaid, the ſaid W. was the fift time called, and did not appear, therefore he was Outlawed.Outlawed. Upon which the ſaid E. afterwards, that is to ſay, in the Term of St. Hilary, in the thirty ſecond year of the Reign of the ſaid now Queen, he Sued forth out of the ſaid Court of the Queens Bench aforeſaid at Weſtminſter aforeſaid, a certain Writ of the ſaid Queen to take the ſaid W. ſo as is premiſed Outlawed,Cap' utl. to the Sheriff of Surrey directed. Speciall. Cap' Utl. directed to the Sheriff of Surrey, by which ſaid Writ of the ſaid Queen, unto the then ſaid Sheriff of Surrey is commanded, that he ſhould not omit for any Liberty of hi • County but that by the Oath of honeſt and lawfull men of his County, he ſhould diligently enquire what Goods and Chattels, Lands and Tenements the ſaid W. had in his Bayliwick, on Monday next after the end of St. Luke the Evangeliſt aforeſaid, in the thirtieth year aboveſaid, or ever after that day he was Outlawed in London, at the Sute of the ſaid E. of a Plea of Treſpas upon the Caſe, whereupon he was convicted, as the ſaid Sheriffs of London unto the Juſtices of the ſaid Queen at Weſtminſter, at a certain day then paſt had ſent; And he by their Oath ſhould cauſe to be extended and appriſed according to the true va • ue of the ſame, and thoſe things which by that Inquiſition ſhould be found, he ſhould take into the hands of the ſaid Queen, and ſhould cauſe the ſame to be ſafely kept, ſo that out of the true value and profits thereof, he ſhould anſwer unto the ſaid Queen, and the ſame ſo extended and appraiſed what therupon he ſhould do, he ſhould make known unto the then Juſtices of the ſaid Queen, at Weſtminſter, from Eaſter day to one Moneth next following, diſtinctly and plainly under his Seal, and under the Seals of them by whoſe Oath he ſhould make that Extent and Appraiſement; And for that the ſaid W. lay Out awed, and did run into the ſaid County of Surrey, in Contempt of the ſaid Queen, and prejudice of her the ſaid Queens Crown; the Queen thereupon commanded the ſaid Sheriff of Surrey, that he ſhould take the ſaid W. whereſoever in the Bayliwick, aſwell within a Liberty as without, he ſhould happen to find him, and cauſe him to be ſafely kept, ſo that he ſhould have his body before the Juſtices of the ſaid Queen, at Weſtminſter, at the ſaid Term, to do, and receive what the Court of the ſaid Queen, of that ſhall conſider in this behalf, and that he ſhould have then there that Writ, And although the ſaid E. after the iſſuing forth of the ſame Writ and before the ſaid Moneth of Eaſter, that is to ſay, the ſecond day of March, in the year of the Reign of the now ſaid Queen thirty two aboveſaid, at Southwark, in the ſaid County of Surrey, in the preſence of the ſaid W. then being at large, and whom the ſaid T. by vertue of any Writ of the ſaid Queen, lawfully and ſafely might take, delivered unto the ſaid Thomas Pelham, then being Sheriff of the ſaid County of Surrey, that writ in form of Law to be executed and the ſame Edward then, and there offered to pay unto the ſaid Sheriff the Fee due unto him for the Execution of the ſame Writ, and then, and there required the ſaid Sheriff, that he ſhould execute the ſaid Writ, as to him by that Writ it was commanded, notwithſtanding which the ſaid T. P. then, and continually afterwards untill the ſaid Moneth of Eaſtet, and after the ſaid Moneth of Eaſter, the ſaid Sheriff of the ſaid County of Surrey, being, the Command of the ſaid Queen little weighing, and his office of Sheriva • ty in the true and juſt execution of that Writ to him directed, as by the bond of his Oath he was bound, nothing regarding, cunningly imagining not onely the ſaid Queen, of that which belongeth to the ſaid Queen, by reaſon of the Outlary aforeſaid, to defraud, and him the ſaid E. from the obtaining of the ſaid Damages in form aforeſaid recovered, very much to hinder, And alſo the Court of the ſaid Queens Bench in this behalf to deceive, and mock, the ſaid W. ſo as is Premiſed, Outlawed, as contemning the ſaid Queens Crown and Dignity, and the Law of her the ſaid Queen, continually from day to day after the Receipt of the ſame Writ, and before the Retorn of the ſame, at large in his Bayliwick going, and there remaining, altogether refuſed to take and arreſt, and that Writ at the aforeſaid Moneth of Eaſter, before the Juſtices of the ſaid Queens Bench had not, neither did Retorn, nor any thing thereupon did, but that Writ altogether concealed, to the Contempt of the ſaid Queens Command, and manifeſt deceiving and mocking of the ſaid Court, and alſo not to the ſmall damage and grief of him the ſaid E. and the manifeſt hindrance and delay of the recovery of his ſaid Damages,Not guilty pleaded. to the Damage of him the ſaid E. one hundred pounds, And thereupon he bringeth his Sute, &c.

Declaration upon an Aſſumpſit to ſave one harmleſs upon an Obligation. ſſ. E. B. complaineth of R. C. in the cuſtody of the Marſhall, &c. for that, to wit, that whereas the aforeſaid E. (ſuch a day and year) at H. in the County aforeſaid, at the ſpeciall inſtance and requeſt of the aforeſaid R. by his writing Obligatory bearing Date the ſame day and year, was bound, together with the aforeſaid R. and for the ſole Debt of the ſaid R. unto one P. B. upon condition thereupon Indorſed, that if the aforeſaid R.C. ſhould pay unto the aforeſaid P. B. at a certain day in the ſame Condition contained, eight pounds of lawfull, &c. that then that Writing ſhould be void and of none effect, otherwiſe to remain in his ſtrength and vertue, the aforeſaid R. afterwards, that is to ſay, (in ſuch a day and place) in Conſideration aforeſaid, aſſumed upon himſelf, and the aforeſaid E. B. then and there faithfully promiſed that he the ſaid R. at all times then afterwards ſhould diſcharge the aforeſaid E. againſt the aforeſaid P. from the aforeſaid Writing Obligatory, yet nevertheleſs the aforeſaid R. his promiſe and aſſumption aforeſaid, not regarding, hath not hitherto diſcharged the aforeſaid E. from the aforeſaid Writing Obligatory, although he hath been often required by him the ſaid E. to doe it; whereupon the ſaid E. ſaith, that he is very much the worſe, &c.

ACTIONS OF TRESPASS TRESPASS.

AND the ſaid T. S. by F. S. his Attorney commeth and defendeth the force and injury, when,Defendant juſtifies, as his Servāt which had the Freehold. &c. And as to the comming with Force and arms, &c. not guilty, as, and as to the reſt of the Treſpaſs aforeſaid above ſuppoſed to be done, the ſaid T. ſaith, that the Action he ought not, &c. becauſe he ſaith, that the houſe aforeſaid, in the ſaid Declaration above ſpecified, in which it is ſuppoſed the Treſpaſs aforeſaid to be done, is, and at the foreſaid time, in which, &c. was the ground and Freehold of the ſaid I. B. by which the ſaid T. as Servant of him the •• id I. and by his command, at the ſame time, in which, &c. the foreſaid houſe, as the houſe and ground, and proper Freehold of him the ſaid I. he did break and enter, and the ſaid R. from the poſſeſſion of the ſaid Houſe expelled and amoved, and him the ſaid R. from the poſſeſſion thereof by the time aforeſaid withheld, and kept, as to him it was lawfull, And this, &c. whereupon, &c.

ſſ. AND the ſaid R. B. ſaith, that he by any thing,Replication. &c. ought not to be precluded, becauſe he ſaith, that the ſaid Houſe in which the Treſpaſs aforeſaid was done, is, and at the time in which, &c. was the ground and Freehold of him the ſaid R. and not the ground and Freehold of him the ſaid I. in manner and form, as the ſaid T. above in pleading hath alleged, and this he prayeth may be enquired, &c.

Defendant pleads to part property in himſelf, and to the reſidue that he did not take. ſſ. AND the ſaid G. and E. by I. B. his Attorney commeth, and defendeth the force and Injury, when, &c. and prayeth Judgement of the ſaid Writ, becauſe, as to the taking and detention of three of the Topſail of the Tapeſtry, and other things, &c, of the aforeſaid goods and chattells in the ſaid Declaration above ſpecified parcell, they the ſaid G. and E. ſay that the property of the ſame goods and chattells, parcell, &c. at the ſaid time of the taking aforeſaid above ſuppoſed to be done, was in them the ſaid G. and E. and not in the ſaid I. in manner and form as the ſaid T. himſelf doth now Complain, and this, &c. whereupon he prayeth, &c. and that the ſaid Declaration, as to the taking and deteining of the ſaid goods and chattels, parcell, may be made void, &c. and as to the reſidue of the goods and chatte • ls in the ſaid Declaration above ſpecified, they the ſaid G. and E. ſay, that they did not take thoſe goods and chattells, reſidue, &c. in manner and form as the ſaid T. above in his Declaring hath all god; And of this he putteth himſelf upon the Countrey, and the ſaid T. likewiſe, &c.

Replication for other parcell. ſſ. AND the ſaid T. ſaith, that the Declaration aforeſaid, as to the taking and deteining of the ſaid goods and chattells, parcell, &c. by any matters by the ſaid G. and E. above by pleading hath alleged, ought not to be made void, becauſe he ſaith that the property of the ſaid goods and chattells, parcell, &c. at the ſaid time of the ſaid Caption done, was in the ſaid T. and not in them the ſaid G. and E. in manner and form as they the ſaid G. and E. above in pleading have alleged, And this he prayeth, &c. and the ſaid, &c. likewiſe, therefore as to the Tryall of that Iſſu • as the aforeſaid other Iſſues between the ſaid parties above likewiſe joyned, Cometh thereupon the Jury, &c. and upon this the Plaintif findeth Pledges to delive • the goods and chattells of the Defendant, &c.

Defendant juſt fi • th as Tenant of the Plaintif by Copy of Court Roll of the Mannor of Foaley. ſſ. AND the ſaid Defendant by I. S. his Attorney commeth and defendeth the force and injury, when, &c. and as to the comming with force and arms, &c. not guilty, and as to the reſt of the Treſpaſs aforeſaid above ſuppoſed to be done, the ſaid Defendant • aith, that the ſaid Plaintif ought not to have an action, becauſe he ſaith, that the Cloſe and houſe aforeſaid, and alſo the places in which the Treſpaſs aforeſaid is ſuppoſed to be done, are, and at the time of the ſaid Treſpaſs above ſuppoſed to be done, were one Meſſuage, and two acres of Land, with th'appurtenances in Foxley aforeſaid, which ſaid Meſſuage, and two acres of Land, with th'appurtenances, at the time of the ſaid Treſpaſs, above ſuppoſed to be done, and alſo from the time of the Memory of man, were parcell of the Mannor of Foxley, of which ſaid Mannor, with th'appurtenances aforeſaid, which is, and at the ſaid time, in which, &c. and alſo long before the ſaid time, in which, &c. was ſeized in his Demeſn, as of Fee, and that the ſame Meſſuage, and two acres of Land, with th'appurtenances, are, and by all the ſaid time were, and are Cuſtomary Land, and from the whole time aforeſaid, of which the Memory of men is not to the contrary, were Demiſed, and Demiſeable by Copy of Court-Roll of the Mannor aforeſaid, by the Lord of that Mannor, or his Steward of that Mannor for the time being, unto whatſoever perſon or perſons, would be willing to take the ſame in Fee-ſimple, Fee-tayl, at Term of life, or of years, at the will of the Lord, according to the Cuſtome of the ſaid Mannor, and the ſaid Plaintif, of the ſaid Mannor, with th'appurtenances whereof, &c. as aforeſaid being ſeized, the ſaid Plaintif before the time aforeſaid, in which, &c. that is to ſay, the twelfth day, in the thirty ſixt year of the Reign of H. 8. late King of England, at F. aforeſaid, at the Court of that Mannor then there held at the ſaid Mannor by one I. W. then his Steward there, by Copy of Court Rolls of that Mannor, granted the Tenements aforeſaid, with th'appurtenances, in which, &c. the ſaid Defendant to have to himſelf and his Heirs for ever. To hold of the ſaid Plaintif by a Rod, at the Will of the Lord of that Mannor, by the Rent and Service thereupon due, and accuſtomed, by virtue of which Grant, the ſaid Defendant into thoſe Tenements, with th'appurtenances, in which, &c. before the foreſaid time, in which, &c. he entred, and was thereof ſeized in his Demeſn, as of Fee, at the Will of the Lord of the ſaid Mannor, according to the Cuſtome of the ſaid Mannor, and he the Defendant, being ſo thereof ſeized, the ſaid Defendant, the foreſaid time, in which, &c. the Cloſe and Houſe aforeſaid, with th'appurtenances, in which, &c. as the proper Cloſe and Houſe of him the Defendant did break and enter, and the aforeſaid Oak, in, and upon the ſaid two acres of Land then growing, as the proper Oak of him the Defendant did cut down, and carry away, as to him it was lawfull, and this, &c. whereof, &c.

ſſ. AND the ſaid Plaintif ſaith,Plaintif confeſſeth the Defendant to be his tenant by Copy of, Court Roll, but ſaith that the ſame Defendant forfeited his eſtate to him by doing wa •• in cutting down an Oak of the age of ten years. that he ought not to be precluded, becauſe he ſaith, that well and true it is, that he the ſaid Plaintif, is, and at the time of the ſaid Treſpas done, and long before was ſeized of the Mannor, with th'appurtenances, whereof, &c. in his Demeſn, as of Fee, and that the aforeſaid Meſſuage, and two acres of Land, with th'appurtenances, are, and at the foreſaid time, in which, &c. and alſo from the time of the memory, &c. were the cuſtomary Lands, and parcell of the Mannor aforeſaid, and Demiſed and Demiſeable by the Lord of that Mannor, and by the Steward of the Court of the ſame Mannor for the time being, to whatſoever perſon or perſons, were willing to take the ſame in Fee-ſimple, Feetayl, for term of life or years, or otherwiſe at the Will of the Lord, according to the Cuſtom of the ſaid Mannor aforeſaid, and that he the ſaid Plaintif, of the Mannor aforeſaid, with th'appurtenances, whereof, &c. ſo being ſeized before the ſaid time of the foreſaid Treſpaſs done, at his the ſaid Court of the Plaintif, of his ſaid Mannor holden the ſaid twelfth day of October, in the thirty fift year aboveſaid, by the aforeſaid I. W. at that time his Steward of his Mannor aforeſaid, granted the aforeſaid Tenements, with th'appurtenances, unto the foreſaid Defendant, to have, and to hold to the ſaid Defendant and his Heirs by a Rod, at the Will of the Lord, according to the Cuſtom of the ſaid Mannor, by vertue of which ſaid Grant, the ſaid Defendant into the aforeſaid Tenements, with th'appurtenances, entred, and was thereof ſeized in his Demeſn, as of Fee, at the Will of the Lord, according to the Cuſtom of the ſaid Mannor, in manner and form as the ſaid Defendant above in pleading hath alleged, And that the ſaid Defendant being ſo thereof ſeized before the time of the ſaid Treſpaſs done, that is to ſay, the tenth day of November, in the firſt and ſecond year of the Reign of the now Lord the King, and the now Lady the Queen, made waſte in the ſaid Tenements, with th'appurtenances, in felling and cutting down one Oak of the age of Ten years and more, and by Deſtroying the branches of the ſtem of the ſame Oak thereout growing, with his Cattell, under pretence of which, the ſaid Plaintif before the ſaid time, in which the ſaid Treſpaſs was done, into the Tenements aforeſaid, with th'appurtenances, in which, &c. entred, as into the Tenements, unto him the Plaintif, by the ſaid Defendant forfeited, and was thereof ſeized in his Demeſn as of Fee, untill the ſaid Defendant, the ſaid firſt day of October, in the ſecond and third year aboveſaid, with force and arms, &c. the Cloſe and Houſe aforeſaid, at F. aforeſaid brake, and the aforeſaid Oak, to the value, &c. there lately growing, cut down and carried away, againſt the peace of the ſaid now King and Queen, as he above againſt him complaineth, and this he is ready to prove, whereof from which the ſaid Defendant the ſaid Treſpaſs aforeſaid above acknowledging, the ſaid Plaintif prayeth Judgement, and his Damages, by reaſon of that Treſpaſs to be adjudged unto him, &c.

Defendant pleads the Cuſtome of the Mannor, to give the cuſtomary Tenants liberty to cut down Trees growing upon their Tenements. ſſ. AND the ſaid Defendant by Proteſtation not acknowledging any matters in the ſaid Replication above to be true, for Plea ſaith, that within the Mannor aforeſaid, it hath from the time of which the memory of men is not to the contrary, it had ſuch a Cuſtom, that is to ſay, that every Coſtomary Tenant of the Mannor aforeſaid, who held any Cuſtomary Tenements within that Mannor unto him and his heirs, at the Will of the Lord of the Mannor by Copy of Court-Roll of that Mannor, according to the Cuſtome of the ſame Mannor, could and might cut down whatſoever Trees and Wood growing, in, or upon the Cuſtomary Tenements, without forfeiture of ſuch Cuſtomary Tenements unto the Lord of that Mannor for the time being, for ſuch waſte, by which the ſaid Defendant being ſeized of the Tenements aforeſaid, with th'appurtenances, in which, &c. in his Demeſn, as of Fee, at the will of the Lord of the ſaid Mannor, that Oak, the ſaid firſt day of October, in the years of the Reign of the now King and Queen, the ſecond and third aboveſaid, then and there growing, did cut down, as to him it was lawfull, and this he is ready to prove, whereof as before he prayeth Judgement, and that the ſaid Plaintif from his action aforeſaid againſt him the Defendant had, may be precluded, &c.

ſſ. AND the ſaid Plaintif as formerly he ſaith,Plaintif maintains the Replication without this, that there is ſuch a Cuſtom as the Defendant in his Rejoynder allegeth, &c. that he the ſaid Plaintif is, and at the time of the ſaid Treſpaſs done, and long before was ſeized of the ſaid Mannor, with th'appurtenances, whereof, &c. in his Demeſn, as of Fee, and that the ſaid Meſſuage and two acres of Land, with th'appurtenances, are, and at the time in which, &c. and alſo from the time, &c. were Cuſtomary Lands, and parcell of the ſaid Mannor, and Demiſeable and demiſed by the Lord of that Mannor, and by the Steward of the Court of the ſame Mannor for the time being, unto whatſoever perſon or perſons, is, or are willing to take them in Fee-ſimple, Fee-tayl, for term of life or years, or otherwiſe, at the will of the Lord, according to the Cuſtom of the ſaid Mannor, And that the Plaintif, of the ſaid Mannor, with th'appurtenances, whereof, &c. before the ſaid time of the ſaid Treſpaſs done, that is to ſay, at the ſaid Court of him the Plaintif of his ſaid Mannor holden the twelfth day of October, in the thirty fift year aboveſaid, by the aforeſaid I. W. then his Steward of his ſaid Mannor, granted the ſaid Tenements, with th'appurtenances, unto the foreſaid Defendant, to have, and to hold unto the ſaid Defendant and his Heirs, by a rod, at the will of the Lord, according to the Cuſtom of the ſaid Mannor, by vertue of which ſaid grant, the ſaid Defendant, into the ſaid Tenements with the appurtenances, entred, and was thereof ſeiſed in his demeſn, as of Fee, at the Will of the Lord, according to the Cuſtom of the ſaid Mannor, in manner and form, as the ſaid Defendant above in pleading hath alleleged, and that the ſaid Defendant ſo being thereof ſeized before the ſaid time of the ſaid Treſpaſs done, that is to ſay, the tenth day of November, in the years 1. 2. aboveſaid, he made waſte in the ſame Tenements, with th'appurtenances, that is to ſay, in cutting and felling down one Oak of the age of ten years and more, by deſtroying the branches of the ſtem of the ſame Oak thenceforth growing, with his Cattell, under pretence of which before the ſaid time in which the ſaid Treſpaſs was done, into the Tenements aforeſaid, with th'appurtenances, in which, &c. he entred, as into the Tenements unto him the Plaintif by the ſaid Defendant forfeited, and was thereof ſeized in his Demeſn, as of Fee, untill the ſaid Defendant the ſaid firſt day of October, in the years ſecond and third aboveſaid, with force and arms, &c. the ſaid Cloſe and Houſe at Foxley aforeſaid, did break, and the Oak aforeſaid, to the value, &c. there lately growing, 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 for the time being, or to their certain Attorney, four pounds Sterling, at the four Terms in the year, in the City of London uſuall, by equall portions, as by that Writing here in Court ſhewed more fully it doth, and may appear, by vertue of which ſaid Demiſe, the ſaid I. R, into the ſaid Meſſuage, with th'appurtenances, before the ſaid time, in which, &c. entred, and was thereof poſſeſſed, and ſo thereof being poſſeſſed, the ſaid John afterwards, that is to ſay the fifteenth day of May, in the ſixth year of the Reign of the King that now is, at the ſaid City of London, that is to ſay, in the Pariſh of St. Swithin, in the Ward of Walbrook London, made his Will, and by the ſame Will conſtituted, and appointed one P. B. and N. S. Citizens and Cloth workes of London, Executors of his ſaid Will, And afterwards, and before the ſaid time,Leſſee for years, makes his Will and dyes, and his term commeth to his Executors. in which, &c. there dyed, after whoſe death the ſaid P. and N. as Executors of the ſaid Teſtament, into the ſaid Meſſuage, with th'appurtenances, entred, and was thereof poſſeſſed, and the ſaid R. H. claiming the ſaid Meſſuage, with th'appurtenances, by colour of a certain Charter of Demiſe unto him thereof made for term of his life, by the foreſaid R. C. Rector of the ſaid Church, before the ſaid Demiſe, by the ſaid B. C. thereof unto the ſaid I. R. made in form aforeſaid, where none of that Meſſuage, with th'appurtenances, into the poſſeſſion of the ſaid R.H. by that Charter ever paſſed over into that Meſſuage, with th'appurtenances, before the ſaid time, in which, &c. he entred, upon the poſſeſſion of which ſaid R. H. thereupon the ſaid I. R. afterward, that is to ſay, the foreſaid time, in which, &c. into the ſaid Meſſuage with th'appurtenances, as ſervant of the ſaid P. and N. and by their Command re-entred; as to him it was lawfull to doe, And this, &c. whereof, &c.

ſſ. AND the ſaid R. Hartings ſaith,

Plaintif ſaith, that the lands were appertaining to a Singing man, and by Act in the Parliament of King Edw. 6. it came to the hands of the King, and that the King gave the ſame lands unto one who ſold them the Plaintif, without that the ſaid Rector Demiſed in manner and form, &c.

Upon the Statute of the firſt of E. 6. for ſuppreſſing of Singing men of Colleges and free Chappels.

that he by any matters by the ſaid I. above, &c. ought not to be precluded, becauſe, he ſaith, that well and true it is, that the ſaid R. C. Clerk, late Rector of the ſaid Church of St. Swithin in Candlewick-ſtreet London, long before the ſaid time of the foreſaid Treſpaſs done, he was ſeized of, and in the ſaid Meſſuage, with th'appurtenances, in his Demeſn, as of Fee, in the right of his ſaid Church, to the uſe, to find a Chaplain to celebrate Divine Services in the ſaid Church of St. Swithins for ever, and ſo thereof being ſeized to the ſame uſe, afterward, and before the ſaid time of the aforeſaid Treſpaſs done, by an Act in Parliament, of the Lord the now King, held and begun at Weſtminſter, the fourth day of November, in the firſt year of his Reign, and from thence untill the twenty fourth day of December, then next following, continued, and then and there begun, it was Ordained and enacted by Authority of the ſame Parliament, that all manner of Colleges, free Chapels and Chanteries, being, and to be had, within five yeers next before the firſt day of the fame Parliament, which were not in actuall and reall poſſeſſion of the ſaid Lord H. late King of England, the eighth, Father of the Lord the now King, neither in reall and actuall poſſeſſion of the ſame now Lord the King, Neither excepted in a certain Act in Parliament of the ſame Lord, the Lord the King, held at Weſtminſter the ſaid twenty third day of November, in the thirty ſeventh year of his Reign, other than ſuch, which by Commiſſions of the Lord the King, in form afterwards in the ſaid Act, made in the firſt year of the ſaid Lord the now King, ſhould be mentioned, altered, tranſpoſed, or changed; And all Mannors, Lands, Tenements, Rents, Tithes, Penſions, Portions, and other Hereditaments, and the matter mentioned in the aforeſaid Act made in the firſt year of the ſaid Lord the now King, aboveſaid, appertaining unto them, or unto any of them, and alſo all Mannors, Lands, Tenements, Rents, and other Hereditaments, and the other things in the ſaid Act mentioned, by any Aſſurance, Will, Deviſe, or otherwiſe had, made, or acknowledged, or declared, given, aſſigned, limited, or appointed, to the ſuſtentation of any Presbytery, to have continuance for ever, and with which, or by which any Presbyter ſhould be ſuſteined, maintained, or found, within five years next before the firſt day of the ſame Parliament, of him the ſaid Lord the now King, which were not in actuall and reall poſſeſſion of him the ſaid Lord the now King, And alſo all annuall Rents, Profits, and Emoluments at any time within five years next before the beginning of the ſame Parliament of the firſt year aboveſaid, deteined, paid, or gathered, towards, or for the Maintenance, Supportation, and Exhibition of any Stipendary Presbytery, intended by any Act, without writing, to have continuance for ever, by Authority of any Parliament, immediatly after the Feaſt of Eaſter then next, it ſhould be adjudged, and alſo it ſhould be in true, actuall, and reall poſſeſſion, and ſeizin of the Lord the now King, his Heirs and Succeſſors for ever, without any Office or Inquiſition therof to be had, or found, and in as ample manner and form, as the Presbyters, Wardens, Maſters, Miniſters, Governours, Rectors, and other Incumbents of them, or any of them, at any time within ſix years next before the beginning of the ſaid Parliament of the ſaid Lord the now King, were had, occupied, or enjoyed, or at that time they had, occupyed, and enjoyed the ſame, And as if all and ſingular the ſaid Colleges, Free Chapells, Chaunteries, Stipendaries, Salaries of Presbyters, and the ſaid Mannors, Lands, Tenements, and all the Premiſſes whatſoever, and every of them had been, or were in the ſame Act, ſpecially, particularly, and certainly recited, nominated, and expreſſed by expreſſe words, names, Addition of names, Corporations, Titles, and Faculties, and in their own natures, kinds, and qualities, as by the ſame Act more fully appeareth; And the ſaid R. H. ſaith, that the ſaid Meſſuage, at the ſaid time of the making, and finiſhing of the ſaid Act of Parliament, of the ſaid Lord the now King, and continually before, was applied, and given to the ſuſtentation of a Chaplain in the ſaid Church of St. Swithins, to celebrate Divine Service in the ſame Church; And further the ſaid R. H. ſaith, that at the ſaid time of making the ſaid Act, and before, the ſaid Meſſuage was not in actuall and reall poſſeſſion of the ſaid late King, Father of the Lord the now King, neither in the actuall or reall poſſeſſion of the Lord the now King, neither excepted in the foreſaid Act of the ſaid late King, or by any Commiſſion of the Lord the now King altered, otherwiſe diſpoſed, neither changed, by pretence of which ſaid Act of the ſaid Lord the now King, the ſame Lord the now King, from the ſaid Feaſt of Eaſter, in the ſaid Act ſpecified, was of the Meſſuage aforeſaid, with th'appurtenances, ſeized in his Demeſn, as of Fee, and ſo being thereof ſeized, the ſaid Lord the now King, afterwards, and before the ſaid time of the aforeſaid Treſpaſs done, by his Letters Patents, the Date whereof is at Weſtminſter the twentie firſt day of May, in the third year of his Reign, gave and granred, and by his the ſaid Letters Patents confirmed unto one I.H. B.B. the foreſaid Meſſuage, with th'arpurtenances, among other Lands and Tenements, to have, hold, and enjoy unto them the ſaid I. and B. their Heirs and Aſſigns for ever, by vertue of which ſaid Grant, they the ſaid I. and B. were of the ſaid Meſſuage, with th'appurtenances, ſeized in their Demeſn, as of Fee, and ſo thereof being ſeized, they the ſaid I. and B. afterward, and before the ſaid time of the foreſaid Treſpaſs done, that is to ſay, ſixth day of May, in the year of the Reign of the Lord, now King, third, at London aforeſaid, in the Pariſh and Ward aforeſaid, they gave, and granted the ſaid Meſſuage, with th'appurtenances, unto the ſame R. H. To have, hold, and enjoy the aforeſaid Meſſuage, with th'appurtenances, unto the ſaid R. H. his Heirs,Treſpas granted by Letters Patents of the King. and Aſſigns for ever, by pretence of which ſaid Gift, and Grant, the ſaid R. H. long before the ſaid time, in which, &c. into the ſaid Meſſuage, with th'appurtenances, entred, and was thereof ſeized in his Demeſn, as of Fee, untill the ſaid I. the day and year aboveſaid, in the ſaid Declaration above ſpecified, with force and arms, &c. into the ſaid Meſſuage, with th'appurtenances, broke, in manner and form, as he above, &c. againſt him complaineth, Without this,Without that. that the ſaid R. C. Demiſed, Granted, and to Farm let unto the foreſaid I. R. the ſaid Meſſuage, with th'appurtenances, in manner and form as the ſaid I. above in pleading hath alleged, and this, &c. VVhereupon from which the ſaid I. the ſaid Treſpaſs above done, acknowledged, prayeth Judgement, and his Damage by that Treſpaſs to be adjudged unto him, &c.

And the ſaid as I. before ſaith, that the ſaid Richard C. Demiſed, Granted, and to farm let, unto the aforeſaid I. R. the ſaid Meſſuage, with th'appurtenances, in manner and form as ſhe hath alleged, and of this putteth her ſelf upon the Countrey, &c.

ſſ. AND the ſaid G. B. by W. W. his Attorney commeth and defendeth the force and Injury, when,Defendant juſtifies, that the place is parcel of the M. of R. and that he as Servant of the Lord of the Mannor broke the Cloſe, and ſo juſtifies. &c. and as to the coming with force and arms, &c. and alſo the whole Treſpaſs aforeſaid above ſuppoſed to be done, beſides the breaking of the ſaid Cloſe, ſaith that he is not guilty, and as to the breaking of that Cloſe, the ſaid G. ſaith, that no Action, &c. becauſe he ſaith, that the ſaid Cloſe, and alſo the place in which the ſaid Treſpaſs is ſuppoſed to be done, are, and at the ſaid time of the ſaid Treſpaſs ſuppoſed to be done, were two hundred and fifty acres of Heath and Furzes, with th'appurtenances, in W. aforeſaid, called Waldringfield Heath, which ſaid two hundred and fifty acres of Heath and Furzes, lye between a certain way called the Proceſſion way of Mertleſham, dividing the ſaid Furzes of W. Heath, and certain Furzes called Marlad Heath in part, and Land called Ringland, late J. Kingbils in part, of the Furzes called Brightwill Heath,Ab • ttals. and Dapdalewey in part upon the South, and Land called Colecroft, in part, and Land lying in the Town of Martleſham, and the Heath in Martleſham, and the D • tch called Fexall Ditch, of the North part, and one head of the ſaid Heath called Waldringfield Heath, abutting upon the terre Tenements, appertaining to the Mannor of Riverſhall, and Waldringfield, againſt the eaſt, and other two hundred and fifty acres of Heath and Furzes, are, and at the ſaid time, in which, &c. were parcell of the Mannor of Riverſhall in W. aforeſaid; Which ſaid Mannor is, and at the aforeſaid time, in which, &c. was the ground and Freehold of one I. and M. by which the Defendant as the Servant of them ſaid I. and M. and by their Command, the Cloſe aforeſaid, as the proper Cloſe and ground, and freehold of them the ſaid I. and M. did break, as to him it was lawfull, and this, &c. whereof, &c.

Plaintif ſaith, that the place, &c. is not parcell of the M. of R. but that one I. P. was ſeized, and ſo ſeized Demiſed two hundred acres of o • Land, parcell of the hundred and fifty ac • es in bar ſpecifies the Plaintif to hold unto the Plaintiff at the Will of the Leſſor. ſſ. NOT to he precluded, becauſe he ſaith, that the ſaid Cloſe, and alſo the places in which the ſaid Treſpaſs, whereupon the ſaid R. himſelf above in manner Complaineth was done, are, and at the time of that Treſpaſs were two hundred acres parcell of the ſaid two hundred and fifty acres of Heath and Furzes in barre aforeſaid before ſpecified; whereupon long before the ſaid time of the foreſaid time done, one I. P. was ſeized in his Demeſn, as of Fee, and the ſaid I. ſo being thereof ſeized, the ſaid I. before the ſaid time of the ſaid Treſpaſs done, that is to ſay (ſuch a day and year) at N. in the County aforeſaid, Demiſed the ſaid two hundred acres of Heath and Furzes, with th'appurtenances, unto the ſaid R.W. To have and to hold the ſaid two hundred acres of Heath and Furzes, with th'appurtenances, unto the ſaid R. at the will of her the ſaid Jane, by vertue of the ſame Demiſe, the ſaid R. into the ſaid two hundred acres of Heath and Furzes, with th'appurtenances, before the foreſaid time of the ſaid Treſpaſs done, entred, and was thereof poſſeſſed, untill the ſaid G. B. at the time of the ſaid Treſpaſs done, the foreſaid Cloſe did break, in manner and form, as the ſaid R. himſelf above,Without this. and in manner complaineth. Without this, that the ſaid two hundred acres of Heath and Furzes, are, and at the time of the ſaid Treſpaſs done, were parcell of the Mannor of Riverſhall, in manner and form as the ſaid G. B. before in pleading hath alleged, and this, &c. Whereupon from that the ſaid G. the Treſpaſs aforeſaid, before acknowledging, the ſaid R. prayeth Judgement, and his Damages by reaſon of that 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 〈1 page duplicate〉〈1 page duplicate〉 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 ha • 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. B. the Brother, the ſaid Moity of the ſaid Tenements, which was of his the ſaid G. B. according to the ſaid Cuſtom of Gavelkind, deſcended unto the ſaid I. B. and unto one R. B. as Kin and Heirs of the whole bloud of the ſaid G. B. &c. namely as Sons of H. B. Brother of T. B. Father of the ſaid T. Father of the ſaid T. B. the Son, and G. B. by which they the ſaid I. B. and R. B. before the ſaid time, in which, &c. into the ſaid Moity of the ſaid Tenements entred, and thereof were ſeized, in their Demeſn, as of Fee, and ſo thereof being ſeized, before the ſaid time, in which, &c. thereof Infeoffed the ſaid I. M. To have to him and his Heirs for ever, by vertue of which ſaid Feoffement the ſaid I. M, before the ſaid time in which, &c. demiſed the ſaid Moity unto the ſaid I. B. for the ſaid Term of two years yet in being, as the ſame I. B. before hath alleged, by vertue of which ſaid demiſe, the ſaid I. B. of that Moity was poſſeſſed, untill the ſaid I.C. at the ſaid time in which, &c. chaſed the ſaid Horſe out of the 20. Acres of Land, as the ſaid I. B. before complaineth; Without this that it hath, or from the time of which memory is not, it had any ſuch Cuſtom in the ſaid County of Kent, that whenſoever two Heirs Males Coparceners of the half bloud, of whatſoever Parent begotten, ſhould be inheritable of any Lands or Tenements of the ſaid tenure and nature of Gavelkind in the ſaid County, and either of thoſe Heirs ſhould dye without Heir of his body, ſeized of his purpart of ſuch like Inheritance, that then the other Heir Coparcener of the ſame Heir ſurviving, might inherit, and by all the ſaid time was inheritable, and hath inherited, and ought to inherit according to that Cuſtom, that purpart 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 Kin of the ſame Heir of the whole bloud ſo dying without Heir of his body, as the ſaid H.C. before in pleading hath alleged. And this, &c. whereupon from which the ſaid H. C. the ſaid Treſpaſs being acknowledged prayeth judgement, and his damages by reaſon of the ſaid Treſpaſs before acknowledged prayeth judgement, and his damages by occaſion of that Treſpaſs to be adjudged unto him, &c.

Iſſue upon Cuſtom.And the ſaid H. C. as before ſaith, that it hath, and from the time which memory doth not remain, it had ſuch Cuſtom in the ſaid County of Kent, that whenſoever two Heirs Males Coparceners of the half bloud, of whomſoever begotten, were inheritable of any Lands or Tenements of the ſaid tenure and nature of Gavelkind in the ſame County, and either of thoſe Heirs ſhould dye without Heir of his body, ſeized of his put part of ſuch like inheritance, that then the other Heir Coparcener of the ſame Heir ſuperviving, might inherit, and by all the time aforeſaid was inheritable, and hath inherited, and ought to inherit, according to that Cuſtom, the purpartie of all the Lands and Tenements of the ſaid tenure and nature of Gavelkind, of the ſaid other Heir, ſo without Heir of his body dying, before any other Kin of the ſame Heir of the whole bloud, ſo without Heir of his body dying, as the ſaid H. before in pleading hath alleged,Enter the Court will adviſe before the Ven' fac' adjudged, and a ſpeciall rendting of his Judgement thereupon, in which they were before to confer with the Juſtices of the Bench, and a Writ of Ven' fac' of the body of the County of Kent ſhould be awarded. And of this he putteth himſelf upon the Country, and the ſaid I. B. likewiſe. And becauſe the Court of the Lady the Queen hereof, &c. iſſues aforeſaid between the ſaid parties before joyned, will adviſe, before any Writ of Venir. fac' to the Jury to try the iſſue ſhould be adjudged, day is given to the ſaid parties before the Lady the Queen, in what State now untill in 8. days of St. Hillary whenſoever, &c. then to attend and hear the Order or Judgement of the ſaid Court, of and upon the premiſes, for that, that the Court of the Lady the Queen, thereof, &c. At which day before the Lady the Queen, at Weſtminſter, commeth the ſaid parties by their ſaid Attorneys, And, &c. And ſo it was continued by 10. Terms then next following, &c. And in this thing the inſpection and view diligently, aſwell the ſaid iſſues, as in all and ſingular the premiſes by the Court of the Lady the Queen, of the Bench, is to be had and conſulted with, for that the Tryall of the ſaid Iſſue doth touch and concern the Comunalty of the ſaid County, and it is the Cuſtom that a Writ to call a Jury, to try that Iſſue, of the body of the ſaid County of Kent ſhould Iſſue forth, and ſhould be directed to the Sheriff of the ſame County, by which the command is to the Sheriff of the ſame County, that he ſhould cauſe to come before the Lord the King in 8. dayes of St. Hillary whereſoever, Ven' fac' of the body of the County of Kent awarded. &c. 24. aſwell Knights, &c. of the body of the ſaid County, by whom, &c. And who neither &c. to recognize, &c. becauſe aſwell, &c. the ſame day, is given to the ſaid parties there, &c.

AND the ſaid W. ſaith,Plaintif ſaith, that he held the ſaid twenty acres of Land of the ſaid Prior by Fealty, Sure of Court, and the rent of four ſhillings, and for that rent behind the ſaid Priaccuſtomed to diſtrain, Without this, that the Prior was ſeized of the Rent-charge, as, &c. that the ſaid R. B. the taking of the ſaid Cattell, and Chattells, in the ſaid place, in which, &c. ought not to acknowledge juſt, &c. becauſe he ſaith, that he himſelf was ſeized of the ſaid Ten acres of Land, with th'appurtenances, in his Demeſn, as of Fee, and ſo thereof ſeized, the ſame twenty acres of Land, with th'appurtenance, held of the aforeſaid T. late Prior of the ſaid Church by Fealty, and Sute to the Court of him the ſaid late Prior of his Mannor of I. in C. aforeſaid, to be held from three weeks to three weeks, and by the Rent of four ſhillings unto the ſaid late Prior, at the Feaſt of St. Michael th'Arch-Angell, yearly to be paid; And the ſaid W. M. and all thoſe whoſe eſtate he hath in thoſe twenty acres of Land, held thoſe twenty acres of Land, with th'appurtenances, of the ſaid late Prior, and his Predeceſſors, heretofore Priors of the ſaid Church, by that Service and Rent, in the right of the ſaid Church, from time out of mind held, and by all the ſaid time, the ſaid late Prior, and all his Predeceſſors formerly Priors of the ſaid Church, accuſtomed to diſtrein in the ſaid twenty acres of Land, for that the ſame Rent of four ſhillings, and every parcell thereof, whenſoever that Rent ſhould happen to be behind in part, or in all; Without this, that the ſaid T. the late Prior,Iſſue upon Seifin of Rent. and his Predeceſſors, heretofore Priors of the ſaid Church, from the time wherein the Memory of man is not extant, in the right of that Church, were ſeized of the ſaid Rent of ſix ſhillings eight pence, iſſuing out of the ſaid twenty acres of Land, as of Rent-Charge, in the form which the ſaid R. B. by the ſaid Acknowledgement before hath ſuppoſed, And this, &c. whereupon he prayeth Judgement, and his Damages by occaſion of the taking and deteining of the ſaid Cattell and Chattells, to be adjudged unto him, &c.

And the ſaid R. ſaith, that the ſaid W. the now Prior, and his Predeceſſors heretofore Priors of the ſaid Church, from the time whereof the Memory of man is not extant, in the right of that Church, were ſeized of the ſaid Rent of ſix ſhillings eight pence of the ſaid twenty acres of Land, as of a Rent-Charge, in what form the ſaid R. by his ſaid acknowledgement before ſuppoſeth. And of this he putteth himſelf upon the Countrey, &c.

AT which eight dayes of St. Hillary, before the Lord the King,Entry of an Eſſoin, and joyning in Aid, and imparlance in Replevin. Mich. 15. H. 7. rot. 78. the like Mich. 23. H. 7. rot. 103. at Weſtminſter, cometh the ſaid parties by their ſaid Attorneys, and the ſaid I. T. being ſummoned at the aforeſaid Eight dayes of Saint Hillary, cauſed himſelf to be Eſſoyned of the ſaid Plea, and had thereupon day by his Eſſoyn, untill at this day, that is to ſay, from the day of Eaſter, in three weeks then next following, before the ſaid King, whereſoever, &c. And now at this day, before the ſaid King, at Weſtminſter, commeth, aſwell the ſaid R.M. as the ſaid P.S. and I. and R. W. by his ſaid Attorney, and the ſaid I. T. in the fourth day, being ſolemnly called by W. F. his Attorney, likewiſe commeth and joyneth himſelf in Ayd of the ſaid R. M. to anſwer unto the ſaid P. S. I. and R. together with the ſaid R. M. to the ſaid Avowment, and Acknowledgement, is granted, &c. And upon this day thereof is given to the ſaid parties, before the ſaid King, untill in eight dayes of the holy Trinity,

Imparlance by default, Plaintif joyneth himſelf in Ayd.

The Writ of Ven' Fac' is not put into the Crown.

whereſoever, &c. that is to ſay, to the aforeſaid R. M. and I. T. to imparl, and then to anſwer, &c. And as to the trying of the ſaid Iſſue before joyned, he hath not put the Writ thereof in the Crown, Therefore as often commeth the Jury thereupon before the ſaid King, at the ſame Term, by whom, &c. And who neither, &c. to Recogniſe, &c. Becauſe aſwell, &c. the ſame day is given to the ſaid parties, &c.

Defendant pleads, that the Wife of the Plaintif, whileſt ſhe was ſole releaſed him. Hill. 13. H. 8. 10 32. ſſ. AND the ſaid I. F. by R. T. his Attorney commeth and defendeth the force and wrong, when, &c. and ſaith that the ſaid W. and A. ought not to have an Action, &c. becauſe he ſaith that the ſaid Anne before the ſaid time of the ſaid Treſpaſs ſuppoſed to be done, and before the Marriage between her the ſaid A. and the ſaid W. ſolemnized (that is to ſay) the eighteenth day of October, in the Ninth year of the Reign of the now King, the ſaid A. delivered unto the aforeſaid I. F. the ſaid goods and Chattells, as the ſaid W. and A. before have declared; And afterwards, that is to ſay, the twenty fifth day of November, in the Ninth year of the Reign of the Lord the now King aforeſaid, the ſaid A. whileſt ſhe was ſole, by the name of Anne Redhelke of L. Widow, at L. that is to ſay, in the Pariſh and Ward aforeſaid, by her certain Writing, which the ſaid I. ſealed with the Seal of her the ſaid A. here in Court profered, whoſe Date is the ſaid twenty fifth day of November, in the ninth year of the Reign of the ſaid now King aforeſaid, remiſed, and releaſed unto the ſaid I. F. by the name of I. F. Citizen and Merchant Taylor of London, all, and all manner of perſonall Actions and Demands, which ſhe might have againſt him the ſaid I. by whatſoever reaſon, from the beginning of the World, untill the day of making of the ſaid Writing, as in that Writing more fully is contained, Without this, that the ſaid A. delivered the ſaid goods and Chattels unto the ſaid I. F. the ſaid twentieth day of December, in the ſaid Ninth year of the Reign of the ſaid now King, or at any time after the making of the ſaid VVriting of the Releaſe, And this, &c. whereupon, &c.

Proteſtation.And they the ſaid W. and A. ſay, that they by any matter, &c. ought to be precluded, becauſe proteſting that the ſaid A. delivered unto the ſaid I. F. the ſaid goods and Chattells, as they the ſaid W. and A. before againſt him Complaineth, for Plea ſaith, that the ſaid Writing of Releaſe,Not her De • d. is not the Deed of the ſaid A. in manner and form as the ſaid I. F. before have alleged, And this he prayeth that it may be inquired of, &c.

ſſ. AND the ſaid I. O. in his own perſon commeth and defendeth the force and Wrong, when, &c. Kent. Defendant juſtifies the Treſpaſs by vertue of a Demiſe. Judgement for the Plaintif, Trin. 13. H. 7. • ot' 87. And as to the coming with force and arms, or whatſoever, which is againſt the Peace of the Lord the now King, and alſo all the ſaid Treſpaſs, beſides the breaking of the ſaid Cloſe, and eating up, treading and conſuming of the ſaid Graſs in N. aforeſaid, ſaith, that he in no manner is guilty thereof, And of this he putteth himſelf upon the Country, And the ſaid Plaintif likewiſe, &c. And as to the breaking of the ſaid Cloſe, and eating up, treading and conſuming of the ſaid graſs in N. the ſaid Defendant ſaith, that he ought not to have his Action, becauſe he ſaith, that the ſaid Cloſe, and alſo the place in which the ſaid Treſpaſs is ſuppoſed to be done in N. aforeſaid, was, and at the ſaid time, in which, &c. were thirty acres of Land, with th'appurtenances in N. aforeſaid, called H. whereof before the ſaid time, in which, &c. one T. Chelyn was ſeized in her Demeſn, as of Fee, and ſo thereof ſeized, before the ſaid time, in which, &c. that is to ſay, in the Feaſt of St. Michael th'Archangell, in the twelfth year of the Reign of the now King, at Feverſham, in the ſaid County, Demiſed 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. agreed • 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 long as they live, Proteſting alſo that the ſaid Alice did not Demiſe unto the ſaid Plaintifs, the ſaid Tenements in manner and form as the ſaid Plaintifs in their ſaid Replication before have alleged, for Plea, as before ſaith, that the ſaid Thomaſine was ſeized of the ſaid Tenements, with th'appurtenances, in N. in her Demeſn, as of Fee, And ſo ſeized demiſed the ſame Tenements, with th'appurtenances, unto the ſaid Defendant, To have to him from the Feaſt of St. Michael th'Archangell, untill the end of the Term of four years from thence next following, and fully to be Compleat; By vertue of which Demiſe the ſaid Defendant was of thoſe Tenements poſſeſſed, in manner and form as the ſaid Defendant in barre before hath alleged, Without this,Without this. that the ſaid Thomaſine at the time of the ſaid Demiſe by the ſaid Alice unto the ſaid Plaintiffs of the ſaid Tenements ſuppoſed to be done, was ſeiſed of the ſaid Tenements with the appurtenances to the uſe of the ſaid Alice, in manner and form as the ſaid Plaintiffs before in pleading have alleged, And this, &c. whereupon he prayeth Judgement, and that the ſaid Plaintiff from his ſaid Action, againſt him the ſaid Defendant had, may be precluded, &c.

And the ſaid Defendants ſay, that the ſaid Thomaſine at the time of the ſaid Demiſe, by the ſaid Alice unto the ſaid Plaintiffs in form aforeſaid made, was ſeized of the ſaid Tenements with the appurtenances to the uſe of the ſaid Alice, in manner and form as they the ſaid Plaintiffs before in pleading have alleged, And this they pray that it may be enquired of by the Country, &c.

• uff. Declaration in Treſpaſs wherfore they broke the Cloſe againſt two Defendants who plead ſeverally.

Parl. 32. H. 8. Rot. 111. One of the Defendants pleads that he is ſeiſed of certain Lands, &c. in Fee, by reaſon of which hee ought to have Common in the place in which, &c. and that he put the Cattle, &c. for uſing the Cō mon, &c. which is the ſame Common, and ſo juſtifies.

ſſ. R. B. late of Leviſtoſt in the ſaid County Yeoman, and W. H. late of L. &c. were attached to anſwer unto Edward B. together with R. H. late of, &c. of a Plea, wherefore with force and Arms, the Cloſe of him the ſaid E. at G. they did break, and his Graſs to the value of 10. l. there late growing with certain Cattle they did eat up, tread, and conſume, And other Wrongs, &c. To the great Damage, &c. and againſt the Peace, &c.

And the ſaid R. B. and W.C. by R. B. their Attorney commeth and defendeth the force and wrong, when, &c. And as to the comming with force and Arms, &c. Not guilty, and as to the reſidue of the ſaid Treſpaſs before ſuppoſed to be done, the ſaid R. B. ſaith, that the ſaid E. no Action, becauſe he ſaith, that the place in which the ſaid Treſpaſs is ſuppoſed to be done, is, and at the ſaid time of that Treſpaſs ſuppoſed to be done, was a certain place called the Dens, conteining in it ſelf D. Acres of Land in G. aforeſaid, extending it ſelf from the South, from a certain place called G. in L. aforeſaid, unto a certain place called H. in G. aforeſaid, againſt the North-Weſt, and ſo extending from the foot of the Rock of the Cliff untill the Sea againſt the Eaſt, and that he at the ſaid time of the ſaid Treſpaſs ſuppoſed to be done, and long before, of 3. Meſſu • ges, and 16. Acres of Land, with the appurtenances in L. aforeſaid, was ſeiſed in his Demeſn, as of Fee, And that he and all thoſe whoſe eſtate he hath in the ſaid 3. Meſſuages and 16. Acres of Land, with the appurtenances, from the time of which, &c. had, were accuſtomed to have common of Paſture, of and in the ſaid places ca • led the Dens, within the ſaid Bounds and Limits, with all, and all manner of his Cattle and living Creatures whatſoever, at all time of the year, by which the ſaid R. B. at the ſaid time of the ſaid Treſpaſs ſuppoſed to be done, his ſaid Cattle into the ſaid Cloſe, in the ſaid place called the D. in G. aforeſaid, within the ſaid Bounds and Limits, to the ſaid Graſs there then growing, to feed, in uſing his ſaid Common by the time aforeſaid, did put, as to him it was lawfull, which things are the ſame breaking of the Cloſe, treading, conſuming and eating up of the ſaid Graſs, whereof the ſaid G. before himſelf doth now complain, And this, &c. Whereupon he prayeth Judgement if an Action, &c.

And the ſaid W.C. ſaith, that the ſaid E. No Action,The other Defendant ſaith that he likewiſe is ſeized of certain other Lands, &c. in Fee, by reaſon of which he hath Common of paſture in the place in which, &c. and that he put in Cattle, &c. in uſing the Common, &c. which is the ſame Treſpaſs, &c. and ſo juſtifies. becauſe he ſaith, that the place in which the ſaid Treſpaſs ſuppoſed to be done is, and at the ſaid time of that Treſpaſs before ſuppoſed to be done, was the ſaid place called the Dens, and that he at the time of that Treſpaſs before ſuppoſed to be done, and long before, was likewiſe ſeiſed in his Demeſn, as of Fee, of and in two Meſſuages and 2. Acres of Land, with the appurtenances, in L. aforeſaid, and that he and all thoſe whoſe eſtate he hath in the ſaid two Meſſuages, and two Acres of Land, with the appurtenances, from the time of which, &c. had and were accuſtomed to have Common of Paſture in the ſaid place called the Dens, within the ſaid bounds and limits, with all and all manner of his Cattle and living Creatures whatſoever, at all time of the year, by which the ſaid W.G. at the ſaid time of the ſaid Treſpaſs ſuppoſed to be done, his ſaid Cattle into the ſaid Cloſe in the ſaid place called the Dens in G. aforeſaid, within the ſaid bounds and limits, to the ſaid Graſs there then growing to feed, in uſing his ſaid Common by the ſaid time, put, as to him it was lawfull, which matters are the ſame breaking of the Cloſe, treading, conſuming, and eating up of the ſaid Graſs, whereof the ſaid E. before himſelf how complaineth, And this, &c. whereupon, &c.

And the ſaid E. B. ſaith,To the Plea of one of the Defendants, the Plantiff ſaith, that the Treſpaſs done was aſwell in the ſaid place called the Dens as in another place called the Eaſt Heath, and becauſe the Defendants to the Treſpaſs in the ſame place called Eaſt Heath of new aſſigned, doe not anſwer, prayeth Judgment, &c. New Aſſignment. that he by any matter before alleged from his ſaid Action againſt the ſaid R. B. and W.C. had, ought not to be precluded, becauſe he ſaith, that the ſaid Cloſe, and alſo the place in which the ſaid Treſpaſs, whereof the ſaid E. before himſelf now complaineth, was done, are, and at the ſaid time of that Treſpaſs done, were, aſwell the ſaid place called the Dens in G. aforeſaid, as the ſaid other place called the Eaſt Heath, with the deſcending of the Cliff in G. aforeſaid, whereupon from which they the ſaid R. and W. to the ſaid Treſpaſs in the ſaid place, called the Eaſt Heath, with the deſcending of the Cliff, before of new Aſſigned to be done, doe not anſwer, prayeth Judgement and his Damages by occaſion of that Treſpaſs to be adjudg • d unto him, &c. And as to the ſaid Plea of the ſaid R. B. before pleaded, the ſame E. ſaith, that he by any matter in the ſaid Plea before alleged, from his ſaid Action againſt the ſaid R. had, ought not to be precluded, becauſe he ſaith, that he himſelf at the time of the ſaid Treſpaſs done was ſeiſed in his Demeſn, as of Fee, of, and in the Mannor of G. in C. aforeſaid, whereof the ſaid place called the Dens, to the ſaid time in which, &c. was parcell, untill the ſaid R. together, &c. the day and year aforeſaid in the ſaid Declaration before ſpecified, the Cloſe of him the ſaid E. aforeſaid, at G. aforeſaid, in the ſaid place called the Dens, within the ſaid bounds and limits, did break, and his Graſs to the value, &c. there late growing, with his ſaid Cattle by the time aforeſaid was eaten up, trodden down and conſumed, in what manner and form the ſame E. before againſt him complaineth;Without this. Without this, that the ſaid W. C. and all thoſe whoſe Eſtate he hath in the ſaid three Meſſuages and 16. Acres of Land, in the Bar of the ſaid R. before ſpecified, from the time of the contrary of which the memory of Man doth not remain, had, and accuſtomed to have common of paſture, of and in the ſaid place called the Dens in G. aforeſaid, within the bounds and limits aforeſaid, with all and all manner of his Cattle and living Creatures whatſoever, in all time of the year, as the ſaid R. before in the ſaid Bar hath alleged, And this he is ready, &c. whereupon from what the ſaid R. the ſaid Treſpaſs in the ſaid place called the Dens done in G. aforeſaid, afore hath acknowledged, prayeth Judgement, and his Damages by occaſion of that Treſpaſs to be adjudged unto him, &c. And as to the ſaid Plea of the ſaid W. C. before pleaded, the ſaid E. ſaith, that he by any matter in the ſame Plea before alleged,The Plaintiff to the Plea of the other Defendant pleadeth as to the Plea of the firſt. from his ſaid Action againſt the ſaid W. had, ought not to be precluded, becauſe he ſaith that he himſelf at the ſaid time of the ſaid Treſpaſs done was ſeiſed in his Demeſn, as of Fee, of and in the ſaid Mannor of G. whereof the ſaid place called the D. is, and at the ſaid time, in which, &c. was parcell, untill the ſaid W. C. together with, &c. the day and year aforeſaid in the ſaid Declaration before ſpecified the Cloſe of him the ſaid E. aforeſaid,Without this. at G. aforeſaid, &c. as before; Without this, that the ſaid W. C. and all thoſe whoſe Eſtate he hath in the ſaid two Meſſuages, and two Acres of Land, with the appurtenances, from the time, &c. as before, And this he is ready to prove, whereupon from what, &c. as before.

One of the Defendants to the treſpaſs of the new Aſſignment pleadeth not guilty, to the other Plea maintaineth as before, and Iſſue upon that.And the ſaid R. B. as to any Treſpaſs in the ſaid place called the Eaſt Heath with the deſcending of the Cliffin G. aforeſaid, of new Aſſignment made, ſuppoſed to be done, ſaith, that he in nothing is thereof guilty, And of this he puts himſelf, &c. And the ſaid E. likewiſe &c. And as to the ſaid Plea of the ſaid E. before in replying pleaded, the ſaid R. as before ſaith, that he, and all thoſe whoſe eſtate he hath in the ſaid 3. Meſſuages, and 16. Acres of Land, with the appurtenances, from the time of which, &c. had and accuſtomed to have Common of Paſture, of and in the ſaid place called the Dens in G. aforeſaid, within the ſaid bounds and limits, with all, and all manner of his Cattle and living Creatures whatſoever, in all time of the year, as the ſaid R. before in his ſaid Bar hath alleged, And of this he putteth himſelf upon the Country, And the ſaid E. likewiſe, &c. And the ſaid W.C. as to any Treſpaſs in the ſaid place called the Eaſt Heath, with the deſcending of the Cliff in G. aforeſaid, of new Aſſignment, ſuppoſed to be done, ſaith, that he in nothing is thereof guilty, And of this putteth himſelf upon the Country, and the ſaid E. likewiſe, &c. And as to the ſaid Plea of the ſaid W. C. afore to the replying pleaded as before ſaith, that he, and all thoſe whoſe Eſtate he hath in the ſaid two Meſſuages, and two Acres of Paſture, with the appurtenances, from the time of which, &c. had and accuſtomed to have Common of Paſture, of and in the ſaid place called the Dens in G. aforeſaid, within the bounds and limits aforeſaid, with all and all manner of his Cattle and living Creatures whatſoever, in all time of the year, as the ſaid W. before in his ſaid Bar hath alleged, And of this putteth himſelf upon the Country, and the ſaid E. likewiſe, therefore as well as to the trying of that Iſſue as the ſaid, &c. Middleſ. Declaration in treſpaſs for taking and leading away of a horſe. Hill. 22. H. 8. Roll 26.

ſſ. I. W. complaineth of R. W. in the cuſtody of the Marſhall, &c. of that, that he in the Feaſt of St. Margaret the Virgin, in the 21. year of the Reign of King Henry the 8. with force and Arms, that is to ſay with Staves, &c. one Gelding of Colour black Gray of him the ſaid I. of the price of 5. marks, at W. in the County aforeſaid, found, took, and lead away, And other Wrongs,Defendant pleads that before the time of the treſpas, &c. he was poſſeſſed of the horſe &c as of his proper horſe, and that certain Malefactors took the ſaid horſe out of his poſſeſſion, and it came to the hands of the Plaintif out of whoſe poſſeſſion the Defendant took the horſe as his own horſe, and ſo juſtifies. &c. to the Damage, &c. 10. marks, And thereupon he bringeth his Suit, &c.

And the ſaid R. by W.T. his Attorney cometh and defendeth the force and wrong when, &c. And as to the comming with force, &c. or whatſoever thing &c. Not guilty, And as to the reſidue of the Treſpaſs, no Action, &c. becauſe he ſaith, that before the ſaid time of the ſaid Treſpaſs ſuppoſed to be done, the ſame R. was of the ſaid Horſe, as of his own Horſe poſſeſſed, And afterwards, and before the ſaid time in which, &c. that is to ſay the 24. day of July in the 20. year of the Reign of the ſaid now King, the ſaid Horſe, by certain Malefactors unto the ſaid R. unknown, out of the poſſeſſion of him the ſayd R. feloniouſly was taken and led away, and afterward the ſaid Horſe came to the poſſeſſion of him the ſaid I. And becauſe the ſaid R. at the ſame time in which, &c. found the ſame Horſe in the poſſeſſion of him the ſaid I. the ſame R. the ſaid Horſe of him the ſaid R's own, out of the poſſeſſion of him the ſaid I. did take and lead away, as to him it was lawfull, And this, &c. Whereupon, &c.

The Plaintif ſaith, that one I. R. being of the ſaid Horſe poſſeſſed, at B. in the Fair there ſold that Horſe, that he paid unto the Bailiff of the Fair toll, &c. Proteſtation.And the ſaid I. ſaith, that he by any matter before alleged, &c. ought not to be precluded, &c. becauſe proteſting that the ſaid Horſe, was never the Horſe of the ſaid R. as the ſaid R. in his ſaid barre before hath alleged for a Plea, notwithſtanding the ſaid I. ſaith, that before the ſaid time of the ſaid Treſpaſs done, the ſaid I. R. was poſſeſſed of the ſaid Horſe, and ſo poſſeſſed in the Feaſt day of the Body of Chriſt in the 21. year of the Reign of the ſaid now King aboveſaid, at Canbury in the County of Oxon' in a certain Fair or Market there then held, did bargain, and ſell unto the ſaid I. W. the ſaid Horſe, for the ſum of 31. ſhillings ſix pence of lawfull, &c. which the ſaid I. W. then and there, unto the ſaid I. R. paid; And further the ſaid I. W. ſaith, that he then and there paid unto one R. C. the then Bailiff of the ſaid Fair, one penny by the name of Toll for the ſaid Horſe, by which the ſaid W. was of the ſame Horſe poſſeſſed, untill the ſaid R. W. the day and year in the Declaration of him the ſaid I. W. before ſpecified, at W. aforeſaid, in the County aforeſaid, the ſame Horſe with force and arms aforeſaid, did take and lead away, in manner and form as the ſaid I. W. in his ſaid Declaration before againſt the ſaid R. W. doth Complain, And this, &c. Whereupon from what the ſaid R. the ſaid Treſpaſs before hath acknowledged to have done, he prayeth Judgement, and his Damages, by occaſion of that Treſpaſs to be adjudged unto him, &c.

The Defendant ſaith, that I. R. did not ſell unto the Plaintif in the Fair, nor the Plaintif paid the Tol. Without this.And the ſaid R. W. as before ſaith, that before the ſaid time of the ſaid Treſpaſs ſuppoſed to be done, the ſame R. W. of the ſaid Horſe, as of his own Horſe was poſſeſſed, untill the ſame Horſe by the ſaid Malefactors, unto the ſaid R. unknown, out of the poſſeſſion of him the ſaid R. feloniouſly was taken and led away, as the ſaid R. in his Bar before hath alleged; Without this, that the ſaid I. R. did bargain, and ſell unto the ſaid I. W. the ſaid Horſe in the Market or Fair aforeſaid; Nor the ſame I. W. unto the aforeſaid R. C. the then Bailiff of the ſaid Fair, one penny in the name of Toll for the ſaid Horſe did pay, as the ſaid I. in his Replication before hath alleged, And this, &c. whereupon he prayeth Judgement, and that the ſaid I. W. from his ſaid Action againſt him the ſaid R. had, may be precluded, &c.

And the ſaid I. W. ſaith, that the ſaid I. R. did bargain, and ſell unto the ſaid I. W. the ſaid Horſe in the ſaid Market, and unto the ſaid R. C. the then Bailiff of the ſaid Fair one penny by the name of Toll, for the ſaid Horſe did pay, as the ſame I. in his Replication before hath alleged, Ven' fac' to the Sheriff of Oxo • . And this he prayeth, that it may be enquired of the Countrey, And the ſaid R. likewiſe, &c. Therefore Command is to the Sheriff of Oxon. that he cauſe to come before the Lord the King at Weſtminſter, the day, &c. twelve, &c. of the Viſn of B. in the ſaid County of Oxon. by whom, &c. and who neither, &c. To Recognize, &c. Becauſe aſwell, &c. The ſame day is given to the ſaid parties there, &c.

ſſ. AND the ſaid I. M. by R. M. his Attorney commeth and defendeth the force and wrong, when, Staff. Juſtific' in Treſpaſs for that, that the Tenements in which, &c. were Cuſtomar'. &c. and as to the Comming with force and arms, &c. Not guilty; And as to the reſidue of the ſaid Treſpaſs before ſuppoſed to be done, the ſame I. M. ſaith, that the ſaid I. S. No action, becauſe he ſaith, that the ſaid Tenements, with th'appurtenances, in the ſaid Declaration before ſpecified, are, and from the time whoſe contrary, &c. were Cuſtomary Tenements, and Lands, and parcell of the Mannor of Harnedeſworth, with th'appurtenances, in the County aforeſaid, of which ſaid Mannor, with th'appurtenances, whereof, &c. long before the ſaid time in which the ſaid Treſpaſs is ſuppoſed to done, one T. late Earl of Ormond was ſeized, in his Demeſn, as of Fee, and that the ſame Tenements, with th'appurtenances, are, and from all the time aforeſaid were Demiſed, and demiſeable by Copy of Court-Roll of the ſaid Mannor, by the Steward of the ſaid Court of that Mannor for the time being, unto any perſon or perſons, willing to take the ſame in Fee-ſimple, Fee-tail, to Term of life or years, or otherwiſe at the Will of the Lord, according to the Cuſtom of the ſaid Mannor, and him the ſaid Earl, of the ſaid Mannor, with th'appurtenances, whereof &c. ſo as before is ſaid being ſeized, the ſame Earl afterwards, and before the ſaid time, in which, &c. that is to ſay, at the Court of him the ſaid Earl, of his ſaid Mannor, held at that Mannor the tenth day of October, in the twentieth year of the Reign of the ſaid now King of England, the ſeventh after the Conqueſt, by one W. H. the then Steward of him the ſaid Earl, of the ſaid Mannor, according to the Cuſtom of the ſaid Mannor, Demiſed by Copy of Court-Roll, the ſaid Tenements, with th'appurtenances, amongſt other things, by the names of one Meſſuage,By names. and a certain parcell of Land unto the aforeſaid Tenement, with th'appurtenances belonging unto one R. M. To have, and to hold unto him and his heirs for ever, according to the Cuſtom of the ſaid Mannor, by vertue of which ſaid Demiſe, the ſame R. was of thoſe Tenements, with th'appurtenances, ſeized in his Demeſn, as of Fee, according to the Cuſtom of the ſaid Mannor, And he the ſaid R. of thoſe Tenements, with th'appurtenances, 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 I. and B. But becauſe it is not known to the Juſtices here, what Damages the aforeſaid W. hath ſuſteined, aſwell by occaſion of the Treſpaſs aforeſaid, as for his Coſts and Charges by him about his Sute in that behalf layd out, &c. Command is given to the Sheriff, that by the Oath, &c. And the Inquiſition which, &c. the Sheriff is to make appear here in eight dayes of St. Hillary, under the Seal, &c. and the Seals, &c. At which day here came the aforeſaid W. by his Attorney aforeſaid, And the Sheriffs, to wit, Humphrey Weld, and Roger Clark, now here Retorned a certain Inquiſition taken before them at Guild-hall in the Citie of London, ſituate in the Pariſh of Saint Lawrence in the Old Jury, in the VVard of Cheap London, the twenty ſixth day of Aprill laſt paſt, by the oath of twelve honeſt men, &c. by which it remains found, that the aforeſaid W. hath ſuſteined Damage by occaſion of the Treſpaſs aforeſaid over and above his Coſts and Charges by him about his Sute in that behalf layed out, to Fourty pounds, and for thoſe Coſts and Charges to twenty ſix ſhillings and 8. pence, Therefore it is conſidered, that the aforeſaid W. ſhould recover againſt the aforeſaid I. and B. his Damages, &c.

Declaration in Treſpaſs with a Continuance. ſſ. R. A. Complains of I. H. in the Cuſtody of the Marſhall of the Marſhalſees, &c. for that that he the ſaid I. the firſt day of October, in the ninth year of the Reign of our Lord King James that now is, by force and arms, &c. the Cloſe of him the ſaid R. called E. Conteining by eſtimation three acres, lying and being in B. in the County aforeſaid, he did break and enter, And his graſſe there, to the value of five pounds there then growing, with walking up and down with his feet he did tread down and conſume, And other of his graſs to the value of forty ſhillings there then likewiſe growing, to the value of forty ſhillings, with his Cattell, that is to ſay, with Horſes, Oxen, Cows, Hogs, and Sheep, he did eat up, tread down, and conſume; The Treſpaſs aforeſaid, as to the treading down and conſuming the graſs aforeſaid, walking with his feet from the aforeſaid firſt day of October, in the ninth year aforeſaid, unto the day of the obtaining of this Bill, to wit, the ninth day of October, in the ninth year aforeſaid, by divers dayes and ſeaſons continuing, And other harms to him, he then and there did, againſt the Peace of our ſaid Lord the King that now is, and to the Damage of him the ſaid R. of ten pounds, And thereupon he brings his Sute, &c.

ANd they the ſaid T: N: and J: by H: F: Juſtification in treſpaſs, for that the ten • ments in which &c. were cuſtomary lands and were granted by copy of court roll unto K. Joane, and John and to either of them as long as they live, and after that R. and John dies, and afterwards the ſaid Ioane took to • usband one T. now one of the Defendants, &c. his Atttorney cometh and defendeth the Force and Wrong when &c. And as the coming with force and armes &c: not guilty &c: and at to the reſidue of the ſaid Treſpaſſe afore ſuppoſed to be done, they the ſame T: and N: ſay that the ſaid C: no action, becauſe he ſaith, that the ſaid Cloſe and alſo the places in which the ſaid Treſpaſſe is ſuppoſed to be done, are, and at the ſaid time of that Treſpaſſe ſuppoſed to be done, were one Meſſuage and halfe a yard of Land with the appurtenances in R. aforeſaid, which ſaid Meſſuage and halfe a yard of Land with the appurtenances, are, and at the ſaid time in which &c: and alſo from the time of which, contrary &c: were parcell of the Mannor of B: in the ſaid County, of which ſaid Mannor with the appurtenances, one T: W: late Prior of the late Priory of the Bleſſed M. of B: in the ſaid County late diſſolved before the ſaid time in which &c. was ſeized in Demeſne as of fee, in the right of his ſaid Priory, and that the ſaid Tenements with the appurtenances whereof &c: are, and at the ſaid time in which &c. and alſo from all the ſaid time were demiſed and demiſable by Copy of Court Roll of the ſaid Mannor by the Lord of that Mannor, or by his ſteward of the Court of the ſame Mannor for the time being, unto whatſoever perſon or perſons willing to take the ſame in fee ſimple, fee tail, for Tearm of life or years at the Will of the Lord according to the cuſtome of the ſaid mannor, and the ſaid Prior of the ſaid mannor with the appurtenances ſo ſeized, the ſaid late Prior before the ſaid time in which &c: That is to ſay, at the court of him the ſaid late Prior held at the ſaid mannor on VVedneſday, in the vigills of Saint George the martyr in the 24. year of the Reign of the late Lord Henry King of England, after the conqueſt the eighth, by one T, C: Knight then his ſteward of the Court of his ſaid mannor granted the ſaid Tenements with the appurtenances whereof &c. unto one R: J: and the aforeſaid Johanne to have and to hold to them the ſaid Richard Johanne and John, to the tearm of their, and either of their Lifes as long as they live ſucceſſively, by copy of court Roll of the ſaid mannor at the will of the Lord according to the Cuſtome of that mannor; by colour of which ſaid grant, the ſaid R, I. and I. were ſeized in the ſaid Tenements with the appurtenances in their demeſne as of free-hold at the VVill of the Lord, according to the cuſtome of the ſaid mannor, and they the ſaid R. and J. afterwards, and before the ſaid time in which &c, died, and the ſaid Iohanne them ſurvived and held her ſelfe in the ſaid Tenements with the appurtenances in her demeſne as of free-hold, at the VVill of the Lord according to the cuſtome of the ſaid mannor by the Right of increaſe,Right of increaſe. and ſhe the ſaid I. ſo thereof being ſeized, the ſame I. before the ſaid time in which &c. took to husband him the ſaid T. N by which they the ſaid T. and I. were, and as yet are ſeized of the ſaid Tenements with the appurtenances in their demeſne as of freehold in the Right of him the said I. at the will of the Lord, according to the cuſtome of the ſaid Mannor, And the ſaid C. claiming the ſaid Tenements by colour of the ſame Grant of copy of court Roll unto him thereof made for tearm of his life by the ſaid late Prior long before the ſaid Grant by the ſame late Prior thereof unto the ſaid R. I. and I. in form aforeſaid made,Colour by copy of court Roll. where nothing of the ſaid Tenements with the appurtenances in the poſſeſſion of the ſaid T. by that grant ever paſſed into thoſe Tenements with the appurtenances before the ſaid time in which &c. entred upon the poſſeſſion of which ſaid T. thereupon they the ſaid T. and I. afterwards, that is to ſay, in the ſame time in which &c. into the ſaid Tenements with the appurtenances entred, and the ſaid cloſe, as the proper cloſe of them the ſaid T. and I. did break, and the ſaid Graſſe, as the proper graſſe of the ſaid T. and J. then and there growing, with the ſaid Cattell did eat up, tread, and conſume; and the ſaid Ground as the proper ground of them the ſaid T. and J. then and there with the Plough aforeſaid, did rip up, and alſo the ſaid underwood, as the proper underwood of them T. and J. then and there growing, did cut down and carry away as to them it was lawfull, and this &c. and whereupon &c.

Plaintiff ſaith, that well and true it is, that the Tenements are cuſtomary lands, &c. but ſaith that within the ſaid mannor it hath been a cuſtome, that if any cuſtomary Tenant ſhould inhabit by one year without the Mannor, then the Lord might enter and him thereof expell.OUght not to be precluded, becauſe he ſaith, that well and true it is, that the ſaid Tenements with the Appurtenances whereof &c. are, and from all the time aforeſaid, were parcell of the Mannor of Bromefeild aforeſaid, of which ſaid Mannor with the appurtenances, the ſaid T.S. late Prior of the ſaid late Priory of the bleſſed Mary of B. aforeſaid, before the ſaid time of the ſaid Treſpaſſe done, was ſeized in his Demeſne as of Fee, in the Right of his ſaid Prioty, and that the ſaid Tenements with the appurtenances in which &c. are, and from all the time aforeſaid, were demiſed and demiſable by the Lord of the ſaid Mannor, or by his Steward of the court of that Mannor, for the time being by copy of Court Roll of the ſaid Mannor unto whatſoever Perſon or Perſons, willing to take the ſame in fee ſimple fee-tail for tearm of life or yeares at the Will of the Lord, according to the cuſtome of the ſaid Mannor, and him the ſaid Prior ſo thereof being ſeized, the ſaid late Prior before the ſaid time in which &c. that is to ſay, at the court of him the ſaid late Prior, at that mannor held the ſaid Wedneſday in the ſaid Match of Saint George in the twenty eighth year of the Reign of the ſaid now King, by the ſaid T.C. than his Steward of his ſaid mannor, granted the ſaid Tenements with the Appurtenances whereof &c. unto the ſaid R. Davyes and Jo: then his wife, and to the aforeſaid John Son of the ſame R. and I. To have and to hold to them and either of them longer living ſucceſſively, at the will of the Lord, according to the cuſtome of the ſaid mannor: By pretence of which ſaid Grant, the ſaid R. I. and J. were ſeized of the ſaid Tenements with the appurtenances whereof &c. in their demeſne as of Freehold at the Will of the Lord according to the cuſtome of the ſaid Mannor, and them the ſaid R. J. and I. ſo thereof being ſeized, the ſaid R. and John afterwards, and before the ſaid time in which &c. dyed, and the ſaid Joane them ſurvived and held her ſelf in, in the ſaid Tenements with the Appurtenances and was thereof ſeized in her demeſne as of freehold at the VVill of the Lord, according to the cuſtome of the ſaid Mannor by the right of increaſe, and ſhee the ſaid I. ſo thereof being ſeized, the ſame J. before the ſaid time in which &c. took to husband the ſaid T.N. by which they the ſaid T. and J. were ſeized of the ſaid Tenements with the appurtenances in their demeſne as of Freehold in the Right of him the ſaid I. at the will of the Lord, according to the cuſtome of the ſaid Mannor in manner and forme as the ſaid T. and I. before inpleading have alleadged:Cuſtome that any cuſtomary Tenant doth abide without the mannor by a year and a day, then it ſhall be lawfull to the Lord of the mannor to ſeize his cuſtomary Tenements. And further the ſaid C. ſaith, that in the ſaid mannor it hath, and from the time the contrary of which &c. it had ſuch cuſtome, that is to ſay, that if any cuſtomary Tenant or Tenant by copy of Court Roll of the ſame Court, doth abide or inhabit within any other Mannor without this mannor of B. by the ſpace of one year and a day, without the licenſe of the Lord or that Mannor, that then it ſhall be lawfull unto the Lord of the ſaid mannor for the time being into all and ſingular his Lands and Tenements by copy of court Roll of the ſaid mannor, in any manner whatsoever demiſed to re-enter, and ſuch Tenant by occaſion of the Premiſes, thereof wholly to expell and amove, and the ſame Lands and Tenements to him and his heirs to have again, re-enjoy, and re-poſſeſſe (the ſaid cuſtome notwithſtanding.) And the ſaid C. further ſaith, that before the ſaid time in which &c. the ſaid mannor with the appurtenances by the Diſſolution of the ſaid late Priory came to the hands and poſſeſſion of the ſaid now King, by which the ſaid now King was ſeized of the ſaid mannor with the appurtenances whereof &c. in his demeſne as of Fee in the Right of his Crown of England, and him the ſaid King ſo thereof being ſeized, the ſame late King before the ſaid time in which &c. by his Letters Patents here in court offered, whoſe date is at Weſtminſter the twentieth day of Ianuary in the one and thirtieth yeare of his Reigne for diverſe cauſes and conſiderations, him the late King ſpecially moving, and out of his certain Knowledge and meer motive, did give grant and to Farme-let unto the ſame C. his Executors and Aſſignes, the ſaid Mannor with the Appurtenances, whereof, &c. to have and to hold unto the ſame C. his Executors and Aſſignes, from the Feaſt of Saint Michaell the Arch-angell then next following, untill the end and Term of eighty nine yeares then next following, and fully to be compleat: By vertue of which ſaid giving, granting, and to Farm-letting, the ſame Charles was of that Mannor with the Appurtenances, whereof, &c. amongſt other things poſſeſſed. And becauſe the ſaid T. and J. do inhabit without the ſaid Mannor of B. that is to ſay, at C. in the ſaid County, within the Mannor of C. by the ſpace of one yeare, and one day; that is to ſay, from the two and twentieth day of Aprill, in the fourth yeare of the Reigne of the ſaid now King, untill to the foure and twentieth day of Aprill, in the fifth yeare of the ſame Reigne of the ſaid now King, then next following, againſt the Cuſtome of the ſaid Mannor; the ſaid C. afterward and before the ſaid time of the ſaid Treſpaſſe done, into the ſaid Tenements with the Appurtenances, in which, &c. entred; And the ſaid T. and J. of thoſe Tenements with the Appurtenances, in which, &c. wholly expelled and amoved, by which the ſaid C. was thereof poſſeſſed, untill the ſaid T. and J. at the ſaid time in which, &c. with Force and Armes aforeſaid, the Cloſe of him the ſaid C. in the ſaid place, in which, &c. did breake, and his ſaid Graſſe there then growing, with the ſaid Cattell did eat up, tread, and conſume, and the ſaid Ground there with a Plow did rip up; and alſo his ſaid Wood there then growing, they did cut down and carry away, againſt the Peace, &c. in manner and form as the ſame C. before againſt them himſelfe now complaineth. And this, &c. whereupon from which the ſaid T. and J. the ſaid Treſpaſſe before acknowledging, the same C. prayeth Judgment, and his ſaid Damages, by occaſion of that Treſpaſſe unto him to be adjudged, &c.

AND they the ſaid T. and J. ſay, that they the ſaid T. and J. by the ſaid ſpace of one yeare, that is to ſay, from the ſaid two and twentieth day of Aprill, in the fourth yeare of the ſaid Reigne of the ſaid now King above ſaid, untill the ſaid foure and twentieth day of Aprill, in the fifth yeare of the Reigne of the ſaid now King aforeſaid, did inhabit within the ſaid Mannor of B. and not without in manner and form, as the ſaid C. before in replying hath alledged; and this, &c. Whereupon as before he praieth Judgment, and that the ſaid C. from his ſaid Action thereupon againſt them had may be procluded, &c.

AND the ſaid C. as before ſaith, that the ſaid T. and J. by the ſpace of one yeare and a day, that is to ſay, from the ſaid two and twentieth day of Aprill, in the fourth yeare of the Reigne of the ſaid now King, untill the foure and twentieth day of Aprill, in the fifth yeare of the Reigne of the ſaid now King, did inhabit without the ſaid Mannor of B. that is to ſay, at C. aforeſaid, and within the Mannor of the ſaid C. in manner and form as the ſame C. before in replying hath alledged. And this he prayeth that it may be inquired of by the Country, &c.

WILLIAM Atterſale, Kent. Declaration upon the Statute of the eighth year of H. 6. of forcible entryes by Deeds. complaineth of John Fuller and M. his wife, and VV. Parker, in the cuſtody of the Marſhall, &c. Of a Plea wherefore whereas in a Statute in Parliament, of the Lord Henry late King of England the ſixth, after the Conqueſt at VVeſtminſter, in the eight yeare of his Reigne, held, eſtabliſhed amongſt other things, it ſhould be continued, that if any perſon of any Lands or Tenements, with main ſtrength be expulſed and diſſeiſed, or peaceably is put out, and afterward is held out with force, or any Feoflment or diſcontinuance thereof, after ſuch entry, for the Right of the Poſſeſſor, to defraud and take away in any manner is made; the party in this behalfe grieved, may have againſt ſuch diſſeiſor, an Aſſiſe of new diſſeiſin, or a writ of Treſpaſſe; and if the party grieved by Aſſiſe, or by Action of Treſpaſſe, ſhall recover, and by Verdict or in other manner, by due form of Law it ſhall be found, that the party Defendant in the Lands and Tenements, was by force of entry, or after his entry, ſhould hold by force, the Plaintiff ſhall recover his treble Damages againſt the Defendant: And further ſhall make Fine and Redemption, as in the ſame Statute more fully is contained. Notwithſtanding they the ſaid J. M. and W. P. the ſaid Statute little weighing, and the Penalty in the ſame little fearing, the firſt day of October, in the ſixth yeare of the now King Edward the ſixth, into two parts of one Meſſuage and twelve Acres of Land, with the Appurtenances of him the ſaid VV. A. in J. in the County aforeſaid, with main force, that is to ſay, with Swords, Staves, Clubs, Bowes, and Arrowes they entred, and the ſaid VV. A. with main force expulſed and diſſeiſed, and him ſo expulſed and diſſeiſed, of the ſame two parts of the ſaid Tenements with the Appurtenances, with the ſaid main force withheld, and as yet doth withhold from the ſame, to the contempt of the ſaid now King, and to the Damage of him the ſaid W. A. 20 l. and againſt the form of the ſaid Statute, and againſt the Peace of the Lord the now King: And thereupon he bringeth his Suit, &c.

Defendant iuſtifies, by vertue of a certain demiſe unto them at will by one made his own Right, the reſt as his Servants peaceably and quietly entry into the Tenements &c.AND they the ſaid J. F. M. and W. P. by I.C. their Attorney, come and defend the force and wrong, when, &c. all Contempts and whatſoever, &c. And ſay, that long before the ſaid Entry into the ſaid Tenements with the Appurtenances, before ſuppoſed to be done, one I. G. was ſeized of the ſaid Tenements with the Appurtenances, in his Demeſne as of Fee; and him the ſaid I. G. ſo being thereof ſeized, the ſame I. G. afterward and before the ſaid time, in which, &c. that is to ſay, the eighth and twentieth day of October, in the yeare of the Lord, 1541. at I. aforeſaid, made his laſt Will, and by the ſame Will, that I. then his Wife, ſhould have the ſaid Tenements with the Appurtenances, to the Tearm of the life of her the ſaid J. ſo that after the Diſceaſe of her the ſaid J. have thoſe Tenements with the Appurtenances, ſhould remain unto one J. K. and his Heires for ever; And afterwards and before the ſaid time, in which, &c. the ſaid J. at I. aforeſaid died, after the death of which ſaid J. G. by vertue of the ſaid laſt Will, the ſame J. into the Tenements with the Appurtenances entred, and was thereof ſeized in his Demeſne as of Free-hold, and ſhe the ſaid J. ſo thereof being ſeized, the ſame J. long before the ſaid time, in which, &c. that is to ſay, the twentieth day of September, in the ſixth yeare of the Reigne of the now Lord King Edward the ſixth, at J. aforeſaid, demized the ſaid Tenements with the Appurtenances, unto the ſaid J. F. one of the aforeſaid Defendants, to have and to hold thoſe Tenements with the Appurtenances, unto the ſaid J. F. his Executors and Aſſignes, from the Feaſt of Saint Michaell the Arch-angell,Leaſe at will. from thence next following, and fully to be compleat, and ſo from yeare to yeare, as long as both parties ſhould pleaſe; By vertue of which ſaid Demiſe, the ſame J. F. into the ſaid Tenements with the Appurtenances entred,Colour by demiſe. and was thereof poſſeſſed; and the ſaid W. A. claiming the ſaid Tenements with the Appurtenances, by colour of which Deed of Demiſe unto him thereof made, by the ſaid J. G. in his life, for tearm of his life, where nothing of the ſaid Tenements with the Appurtenances, into the Poſſeſſion of him the ſaid W. A. by that Deed ever paſſed, into the ſaid Tenements with the Appurtenances entred: Upon the Poſſeſſion of which ſaid W. A. thereupon the ſaid J. F. in his proper Right, claiming his ſaid Tearme, and the ſaid M. and W. P. as Servants of him the ſaid J. F. and by his command at the ſaid time, in which, &c. into the ſaid Tenements with the Appurtenances, peaceably and quietly now have entred,Verification of a Leaſe for anothers life. as unto them it was lawfull; without this, that they the ſaid J. F. M. and W.P. will prove that the ſaid J. have in her full life remaineth, that is to ſay, at T. in the County aforeſaid, without this, that they the ſaid I. F.M. and W. P:

Traverſe to the Delaration upon the Statute of forcible entry that it was not with force againſt the form of the Statute, &c.

Plaintiff faith, that certaine ſtrangers were ſeized &c. and ſo ſeived by fine acknowledged before the Juſtices of the ſaid Lord the Kings Bench, acknowledged the Tenements to be of his the plaintifs, by pretence of which, the Plaintiff entred and was thereof ſeized &c. untill, &c.

Fine acknowledged of the moiety of a meſſuage &c.

Conveyance of a Title by fine.

at the ſaid time in which &c. into the ſaid tenements with the appurtenances with Force and armes aforeſaid, entred againſt the form of the ſaid ſtatute in manner and form as the ſaid W. A. before againſt them complaineth, and this &c, whereupon they pray Judgement if an Action, &c,

ANd the ſaid W. A. ſaith, that he by any matter by the ſaid I. F. M. and W.P. &c. not to he precluded, &c. becauſe he ſaith, that long before the ſaid time of the ſaid entry made, one I.H. and I. his wife, and T. C. and B. his wife were of the moiety of the ſaid Tenements with the appurtenances ſeized in their Demeſne as of Fee, and them the ſaid I.H. and I.T.B. and B. of that moiety of the ſaid tenements with the appurtenances ſo being ſeized, they the ſaid I. H. and the reſt afterwards, that is to ſay, from the day of Eaſter in fifteen dayes in the ſixth yeare of the Raign of the now King, Edward the ſixth, before E. Mountaine C.I. H. and E.M. Juſtices of the ſaid Lord the King, perſonally came and acknowledged the moiety of the ſaid Lands with the appurtenances by the name of the moiety of one meſſuage, of one Garden and fourteen acres of Land with the appurtenances in I. aforeſaid, to be the right of him the ſaid W. A. as thoſe which the ſaid W. A. had of the gift of the ſaid I.H. and I T B. and B. and they remiſed and quite claimed from them the ſaid J. J. T. and B. and the heirs of them the ſaid I. and B. unto the ſaid W. A. and his heirs for ever, by pretence whereof the ſaid W. A. of the moiety of the ſaid Tenements with the appurtenances, entred, and was thereof ſeized in his demeſne as of Fee, untill the ſaid I. E. into the ſaid tenements with the appurtenances entred, and him the ſaid W. A. of the moiety of the ſame Tenements with the appurtenances, unjuſtly and without judgement, unjuſtly diſſeiſed, by which the ſame I. was of the moiety of thoſe Tenement aforeſaid with the appurtenances ſeized by diſſeiſin, and ſhee the ſaid I, by that diſſeiſin ſo thereof being ſeized, the ſame I. before the ſaid time of the ſaid entry made, that is to ſay, the ſaid twentieth day of September, in the ſixth year of the Raign of the ſaid now King Edward the ſixth, at J. aforeſaid, demiſed the ſaid Tenements with the appurtenances unto the ſaid I. F. now one of the Defendants, to have and to hold unto the ſame I F. his Executors and aſſignes from the ſaid Feaſt of Saint Michaell the Arch-Angell, from thence next following untill the end and tearm of one year from thence forth next following, and ſo from year to year, as long as the ſaid both Parties ſhould pleaſe: by virtue of which ſaid Demiſe, the ſaid I. F. into the ſaid Tenements with the appurtenances, entred, and was thereof Poſſeſſed in manner and form as the ſaid I.F.M. and W: P: above in Pleading have alleadged; upon the Poſſeſſion of which ſaid I.F. thereupon the ſaid W. A. before the ſaid time of the ſaid Entry, made into the Moiety of the ſaid Tenements with the appurtenances entred, and was thereof ſeized in his Demeſne as of Fee, untill by the ſaid I.F.M. and W.P. of the ſaid moiety of the ſaid Tenements,Avermenn, that 2 parties and one moiety of thoſe ſaid lands are one, and not diverſe. with Force and Armes, and with the ſaid main ſtrength in form aforeſaid was diſſeized in manner and form, as the ſame W.A, by his ſaid declaration before againſt them have declared; and this he is ready to prove, together with this, that the ſaid moiety of the ſaid Tenements in the ſaid Fine contained, and the ſaid two Parts in the ſaid Declaration ſpecified, in which the ſaid Entry is ſuppoſed, are one and the ſame, and not others, nor divers, whereupon from which the ſaid I.M. and W.P. the ſaid Entry and diſſeiſin before done, acknowledging, the ſame W.A. as well for the King as for himself, prayeth judgement and his damages by occaſion of that Entry, and diſſeiſin to be adjudged unto him, &c.

ANd they the ſaid I.F.M. and W.P. as formerly ſay, that long before the ſaid time of the ſaid Treſpaſſe before ſuppoſed to be done, the ſaid J. G. in the said Barr before named, was seized of the ſaid Tenements with the appurtenances in his Demesne as of Fee, and he the said I.G. so of those Tenements with the appurtenances being ſeized; the ſame I G. before the ſame time in which &c: that is to ſay, the ſaid twenty eighth day of October in the year of our Lord, one thouſand five hundred forty and one, at I. aforeſaid, made his laſt will, and by the ſame willed, that the ſaid I. his Wife ſhould have the ſaid Tenements with the appurtenances to the tearm of the life of her the ſaid Iohanne, ſo that after the deceaſe of her the ſaid Johane, thoſe Tenements with the appurtenances, ſhould remain unto the aforeſaid I.R. and his heirs for ever, and afterwards and before the ſaid time in which &c. the ſame I, G. at I. aforeſaid dyed, after the death of which ſaid I.G. the ſaid I. into the ſaid Tenements with the appurtenances, by virtue of the ſaid laſt wil entred, and was thereof ſeized in his demeſne as of free-hold. And ſhe the ſaid I. ſo thereof being ſeized the ſame I. before the ſaid time in which &c. that is to say, the ſaid 20 day of September, in the ſixth year of the Raign of the ſaid Lord, King Edward the ſixth above ſaid, at I. aforeſaid, demiſed the ſaid Tenements with the appurtenances unto the aforeſaid I. now one of the ſaid Defendants, to have and to hold the ſaid Tenements with the appurtenances unto the same I. F. and his Aſſignes from the Feaſt of Saint Michaell the Arch-Angell from thence forth next following, and fully to be compleat, and ſo from year to year as long as the ſaid both parties ſhould pleaſe, by vertue of which ſaid Demiſe, the ſaid J.F. into the ſaid Tenements with the appurtenances entred, and was thereof poſſeſſed in manner and form as the ſaid J. F.M. and W.P. before in pleading have alleadged,Without this. Without this, that the ſaid J.G. diſſeized the ſaid W.A. of the ſaid moiety of the ſaid tenements with the appurtenances, in manner & form as the ſame W.A. before in pleading hath alledged, & this &c. Whereupon as before prayeth judgement, and that the ſaid W. A. from his ſaid Action againſt them had, may be precluded, &c.

ANd the ſaid W.A. as before ſaith, that the ſaid J.G. diſſeiſed him the ſaid W.A. of the ſaid moiety of the ſaid Tenements with the appurtenances in manner and form, as the ſame W. A. before in replying hath alleadged, and this he prayeth may be inquired of by the country, &c.

ANd the ſaid S.R. by Richard Heywood his Attorney, Kent. Juſtification in Treſpaſſe for taking of Cattell in an open pound by vertue of a demiſe made by one unto whom it was granted, by will untill a hundred and eighty pound ſhould he levied thereupon for the preferment of his Daughters. cometh and defendeth the force and and injury when &c. And as to the coming with force & armes &c. not guilty &c. And as to the reſidue of the ſaid Treſpaſſe before ſuppoſed to be done, the ſame S. ſaith, that the ſaid J. no action, becauſe he ſaith, that the ſaid cloſe and alſo the place in which it is ſuppoſed the ſaid Treſpaſſe to be done, are, and at the ſaid time of that treſpaſſe ſuppoſed to be done, were eight and forty acres of marſh with the appurtenances called Platters marſh at Alhallowes aforeſaid, whereof long before the ſaid time of the ſaid time before ſuppoſed to be done, one R.W. Citizen and Merchant Taylor of London, was thereof ſeized in his demeſne as of fee, and he the ſaid R. of the ſaid Tenements with the appurtenances ſo being ſeized, the ſame R. before the ſame time in which &c. That is to ſay, the twenty fifth day of June, in the year of the Raign of the ſaid H. 8. late King of England, Father of the Lord the now King 36. at London, that is to ſay, in the pariſh of Saint Augustines in the ward of B. London, made and declared his laſt will in writing, and by his ſaid will willed amongſt other things, that one J the then wife of him the ſaid R.W. the Executors and Aſſignes of the ſame J. ſhould have and injoy the ſaid eight and forty acres of land with the appurtenances amongſt other things, by the name of all his lands,By the name, Tenements and hereditaments, within the Hundred of Howe in the county of Kent, untill ſhe the ſaid I: ſhould have levy and receive of the Rents Revenues, and profits, thereof iſſuing and increaſing the full and whole ſumme of a hundred and eighty pound Sterling, for and to the preferment of the marriage of L.A. and T: Daughters of the ſaid R.W. that is to ſay, unto every one of them, the ſumme of ſixty pound Sterling and afterwards and before the ſaid time, in which &c. the ſaid R: W. at London in the Pariſh and ward aforeſaid dyed, after the death of which ſaid R. and before the ſaid time in which &c. the ſaid I. into the ſaid Tenements with the appurtenances entred and was thereof poſſeſſed, by virtue and pretence of the ſaid laſt will, and ſhe the ſaid J. ſo thereof being poſſeſſed, the ſame J. before the ſaid time in which, &c. that is to ſay, the fifth day of March in the ſecond year of the Raign of the ſaid now King at London aforeſaid, in the Pariſh and Ward aforeſaid, by a certain Indenture between the ſaid Jane of the one part and the aforeſaid S. of the other part made with the ſeal of the ſame J. ſealed, did grant, and to farm let unto the ſaid S. the ſaid Tenements with the appurtenances, to have, hold, and occupy thoſe Tenements with the appurtenances, unto the ſaid S.R. for the tearm of eleven years from thenceforth next following, and fully to be compleat, by pretence of which ſaid Grant and Demiſe, the aforeſaid S.R. at the ſaid time in which &c. into the ſaid Tenements with the Appurtenances entred, and was thereof poſſeſſed: And the ſaid J.W. claiming the ſaid Tenements with the appurtenances by colour of a certain deed of Demiſe unto him thereof made for the Tearm of the reſt of the years as yet during by the ſaid J. long before the ſaid Demiſe by the ſame J. thereof as afore is ſaid unto the ſaid S. made, where nothing of the ſaid Tenements in the poſſeſſion of him the ſaid John by that deed ever paſſed into the ſaid Tenements with the appurtenances, entred upon the poſſeſſion of which ſaid John, thereupon the ſaid S. at the ſaid time in which &c. into the ſaid Tenements with the appurtenances claiming his Tearm then to come, of and in the ſame re-entred; and becauſe the ſame S. then and there found the ſaid cattell in the ſame place in which &c. the graſſe of him the ſaid S. then and there growing,For damage doing. eating up, and there damage doing, the ſaid S. thoſe Cattell at the ſaid time in which &c. did take, and the ſame at Alhallowes aforeſaid, in the county aforeſaid, in the common and publick pound,Averment. there put and impounded, as unto him it was lawfull, with this that the ſaid S. will prove, that the ſaid J. W. or his Aſſignes not as yet had levied or received the ſaid full and whole ſumme of a hundred and eighty pound Sterling, according to the form and effect of the ſaid laſt will of the ſaid R.W. her late Husband, and this &c. whereupon he prayeth Judgement if action, &c.

NOt to be precluded, becauſe he ſaith,The Plaintif replies, that one A.B. was ſeized of the moiety of the Tenements in Barr ſpecified, who demiſed that unto him, without this, that the Teſtator was ſeized of the whole Tenements. that long before the ſaid time of the ſaid Treſpaſſe before ſuppoſed to be done, one A. B.R. was ſeized of the moiety of thoſe tenements with the appurtenances in his demeſne as of Fee, and he the ſaid A. B. of the moiety of thoſe tenements with the appurtenances ſo being ſeized, the ſame A, B, before the ſaid time of the ſaid Treſpaſſe done; that is 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 wth 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-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 Ʋ. 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 R. that is to ſay, upon the ſaid thirty ſix Acres of Land growing, eating up, and Damage there unto the ſaid R. doing the ſame W. W. that Colt, for that Damage then and there, as afore it is ſaid done, took and lead away, as unto them it was lawfull; And this, &c. whereupon, &c.

Not to bee precluded, becauſe he ſaith, that long before the ſaid time, in which, &c. the ſaid R. M. in the ſaid Bar before named, was ſeized of the ſaid Tenements with the Appurtenances, in his Demeſne as of Fee, and ſo thereof being ſeized, before the ſaid time, in which, &c. that is to ſay, the twelfth day of Auguſt, in the firſt yeare of the Reigne of the ſaid now King Edward the ſixth, at A. in the ſaid County of D. demiſed the ſaid Tenements with the Appurtenances, unto the aforeſaid W. S. to have to him and his Aſſignes from the Feaſt of Saint Michaell the Arch-angell, from thence next enſuing, untill the end and tearm of three yeares, from thence forth next following, and fully to be compleat; by virtue of which ſaid Demiſe, the ſame W. S. into the ſaid Tenements with the Appurtenances, before the ſaid time, in which, &c. entred, and was thereof poſſeſſed; and he the ſaid W. S. of the ſaid Tenements with the Appurtenances ſo being poſſeſſed, the ſame W. S. before the ſaid time, in which, &c. the ſaid Colt into the ſaid Tenements with the Appurtenances, to the Graſſe there growing, as the proper Graſſe of him the ſaid W. S. put to feed, which ſaid Colt was there, the Graſſe there growing, feeding upon, untill the ſaid W. W. at the ſaid time, in which, &c. upon the Poſſeſſion of him the ſaid W. S. into the ſaid Tenements with the Appurtenances entred, and the ſaid Cloſe in the ſaid place, in which, &c. did breake, and the ſaid Colt then and there did take and lead away, in manner and form as the ſame W. S. before againſt him complaineth: And this, &c. whereupon from which the ſaid W. W. the ſaid Treſpaſſe in form aforeſaid done, before acknowledging, prayeth Judgment and his Damages, by occaſion of the ſaid Treſpaſſe, to be adjudged unto him, &c.

Defendant maintaineth Plea, without this, that the ſaid ſtranger demiſed the ſaid Tenements.AND the ſaid W. W. as before ſaith, that the ſaid Tenements with the Appurtenances are, and at the ſaid time, in which, &c. were the Ground and Free-hold of the ſaid R. M. by which the ſame W. W. at the ſaid time in which, &c. into the ſaid Tenements with the appurtenances, as Servant of the ſaid R. and by their Command entred, and the ſaid Cloſe as the proper Cloſe of him the ſaid R. did breake, and for that he the ſame W. W. found the ſaid Colt, the ſaid Graſſe of the ſaid R. upon the Ground of him the ſaid R. that is to ſay, upon the ſaid thirty ſix Acres of Land growing, eating up, Damage thereunto the ſame R. doing the ſame W. that Colt for that Damage,Without this. then and there as before is ſaid done, did take and lead away, as to him it was lawfull; without this, that the ſaid R. M. demiſed the ſaid Tenements with the Appurtenances, unto the aforeſaid W. S. in manner and form as the ſaid W. S. before in replying hath alleadged: And this. &c. whereupon as before prayeth Judgment, and that the ſaid W. S. from his ſaid Action, againſt him the ſaid W. W. had, may be precluded, &c.

And the ſaid W. S. as before ſaith, that the ſaid R. M. demiſed the ſaid Tenements with the Appurtenances, unto the ſaid W. S. in manner and form as the ſaid W. S. before in replying hath alleadged; and this he prayeth that it may be inquired of, &c.

AND the ſaid S. S. by W. D. his Attorney, Suff. ſſ. Defendant iuſtifies Treſpaſse, by virtue of a Demiſe made by a Maſter of a Colledge. cometh and defendeth the force and wrong, when, &c. And as to the coming with force, &c. not guilty, and as to the reſidue of the ſaid Treſpaſſe before ſuppoſed to be done, the ſame S. ſaith, that the ſaid R. no Action, becauſe he ſaith, that the ſaid Cloſe and alſo the place in which it is ſuppoſed the ſaid Treſpas before to be done, are and at the ſaid time of the ſaid treſpas before ſuppoſed to be done, were a hundred Acres of Lands and Paſture with the Appurtenances in E. aforeſaid, parcell of the Mannor of E. with the appurtenances in the County aforeſaid, of which ſaid mannor with the appurtenances long before the ſaid time in which, &c. one G. W. Clark, late Maſter of the late Colledge of R. in the County of Norffolke, and the Fellowes of the ſame late Colledge were ſeized in their demeſne as of fee, in the right of their ſaid Colledge, and them the ſaid late Maſter and fellowes of the ſaid late Colledge of that Mannor with the appurtenances whereof &c ſo thereof being ſeized, they the ſaid late Maſter and fellowes of the ſaid late Colledge before the ſaid time in which &c. that is to ſay, the twentieth day of December in the year of the Raign of the Lord Henry the eighth, late King of England, 30. at R. in the ſaid County of Norffolke, by their certain writing indented, with the common ſeal of them the late Maſter and fellowes, ſealed, and unto the Court of the Lord the now King here ſhewed, whoſe date is the ſame day and year by their unanimous aſſent and conſent did demiſe, and to farm let unto the aforeſaid S. his heirs, Executors, and Aſſignes, the ſaid mannor of E. with the appurtenances in the laid county of Suffolke, with all arrable Lands and paſture of Sheep with all their appurtenances and other commodities unto the ſaid Mannor and preimſes belonging, as well within the town E. aforeſaid, as within other towns unto the ſame adjacent, with the Lands and Paſtures lying at Dead-mans Grave, to have and to hold the ſame Mannor with the appurtenances whereof &c and other the premiſes unto the aforeſaid S. his Executors and Aſſigns from the Feaſt of the invention of the holy Croſſe laſt paſt, before the date of the ſaid writing indented untill the end and tearm of fifty years from thence forth next inſuing, and fully to be compleat; by virtue of which ſaid demiſe, the ſaid S. into the ſaid mannor with the appurtenances whereof &c. before the ſaid time in which &c. entred and was thereof poſſeſſed, and the ſaid R. claiming the ſaid mannor with the appurtenances, whereof &c. by colour of a certain deed of demiſe unto him thereof made for the tearm of his life by the ſaid late Maſter and fellowes of the ſaid late colledge long before the ſaid demiſe, unto the aforeſaid S: of that mannor with the appurtenances, whereof &c. as afore is ſaid, made, where nothing of that Mannor with the appurtenances whereof &c. into the poſſeſſion of him the ſaid R. by that deed ever paſſed into the ſaid Mannor with the appurtenances whereof &c. before the ſaid time in which &c. entred upon the poſſeſſion of which ſaid R. thereupon the ſaid S: afterwards, that is to ſay, at the ſaid time in which &c. into the ſaid Mannor with the appurtenances, whereof &c. claiming the ſaid Tearm then to come, of, and in the ſame re-entred, and the ſaid Cloſe as the proper cloſe of him the ſaid S. then and there did break, and the ſaid graſs as the proper graſſe of him the ſaid S. then and there growing, with his cattell did eat up, tread, and conſume, as unto him it was lawfull, and this &c. whereupon &c. Judgement, if action &c.

NOt to be precluded, becauſe he ſaith, that well and true it is, that before the ſaid time of the ſaid Treſpas done, the ſaid late Maſter and fellowes of the ſaid late Colledge were ſeized of the ſaid Mannor with the appurtenances, whereof the ſaid hundred acres of paſture with the appurtenances, in which the ſaid Treſpas was done, are, and at the ſaid time of the ſaid treſpas done, and alſo from the time, the contrary of which memory &c. were parcell in his Demeſne as of fee, and ſo thereof ſeized, they the ſaid Maſter and fellows before the ſaid time of the ſaid treſpas done, and before the ſaid demise of the ſaid Mannor with the appurtenances whereof &c. unto the aforeſaid S. in form aforesaid made, that is to say, the laſt day of January in the twentieth year of the Raign of the said late King, at E. in the said county of N. by their certain Deed, with the common Seal of the ſame late Maſter and fellowes Sealed, whose date is the same day and year, did demise and to farm let unto one E.B. and the said S. the ſaid mannor with the appurtenances whereof &c. to have and to hold to the same E. and S. from the feaſt of the invention of the holy Croſſe from thence forth next inſuing, untill to the end and Tearm of • fty years from thence next following, and fully to be compleat in manner and form as the ſaid S. in his bar before in pleading hath alleadged. And further the ſame R. ſaith, that by a certain Act in Parliament of the Lord Henry the eighth, late King of England, Father of the ſaid now King, at Weſtminſter in the county of Middleſex, the twenty eighth of Aprill, in the thirty firſt year of the Raign of him the late King began and there then held and continued untill the twenty eighth day of June, then next following (amongſt other things, it was enacted, ordained, and eſtabliſhed by him the late King, and the Lords ſpirituall, and temporall, and alſo the commonalty in the ſame Parliament then aſſembled, and by the authority of the ſame, that not only all late Monaſteries, Abbyes, Priories, Monks Houſes, Colledges, Hoſpitalls, Fryers Houſes, and other Religious and Eccleſiaſticall Houſes and Places, Scites, Circuits, Precincts, Mannors, Demeſnes, Granges, Meſſuages, Lands, Tenemenss, Meadowes, Paſtures, Reverſions, Services, Woods, Tythes, Penſions, Portions, Rectoryes, Appropriations, Vicaridges, Chappells, Advowſons, Patronages, Annuities, Intereſts, Entries, Conditions, Commons, Courts Leets, Liberties, Priviledges, Franchiſes, and all the reſt of the Hereditaments whatſoever, henceforth immediatly and then preſently, but alſo all other Monaſteries, Abbyes, Priories, Monks Houſes, Colledges, Houſes of Monks, Colledges, Hoſpitalls, Fryers houſes, and other religious and Eccleſiaſticall houſes and Places, which from thenceforth afterwards ſhould happen to be diſſolved, ſuppreſſed, renounced, forſaken, forfeited, ſurrendred, or in any other manner come to the Kings moſt excellent Majeſty, and alſo all Scites, Circuits, Precincts, Mannors, Demeſnes, Granges, Meſſuages, Lands, Tenements, Mannors, Paſtures, Rents, Reverſions, Services, Woods, Tythes, Penſions, Portions, Rectories, Appropriations, Vicaridges, Churches, Chappells, Advowſons, Nominations, Patronages, Annuityes, Rights, Intereſts, Conditions, Commons, Court Leets, Liberties, Priviledges, Franchiſes, and other Hereditaments whatſoever, belonging or appertaining unto them or any of them whenſoever, & as often as they ſhould be diſſolved, ſuppreſſed, renounced forſaken, forfeited, ſurrendred, or by any other means ſhould come unto the Kings Excellency, they ſhould be veſted, deemed, and adjudged, by the authoriry of the ſame Parliament, in the true actuall and reall ſeizin and poſſeſſion of the ſaid late King, his heirs and Succeſſors for ever, in the State and condition, as at the making of the ſame act, then were, and even as all the ſaid late Monaſteries, Abbyes, Priories, Monks Houſes, Colledges, Hoſpitalls, Fryers Houſes, and all religious and Eccleſiaſticall houſes and places ſo diſſolved, ſuppreſſed, renounced, forſaken, forfeited, ſurrendred, or come to the Kings Excellency, as it is before ſaid, as alſo the ſaid Monaſteries, Abbies, Priories, Friers Houſes, and all Religious and Eccleſiaſticall Houſes and Places, which then afterwards ſhould happen to be diſſolved, ſuppreſſed, renounced, forfeited, ſurrendred, or become to the Kings Excellency, the Scites, Circuites, Precincts, Mannors, Demeſnes, Granges, Lands Tenements, and the reſt of the Premiſes whatſoever ſhould be in the ſame Act, ſpecially and particularly, recited, nominated, and expreſſed, by expreſſe Words, Names, Titles, and Faculties, in their kindes, natures, and qualities: And further it was enacted by the ſaid Authority, that if any Abbot, Prior, Prioreſſe, or other Eccleſiaſticall Governor, or Governeſſe of any Monaſtery, Abbey, Prior, Monks Houſe, Colledge, Hoſpitall, Friers Houſe, or other Religious Houſes, or Places, which then afterwards ſhould happen to be diſſolved, ſuppreſſed, renounced, forſaken, forfeited, ſurrendred, or come to the Kings Highneſſe, within one yeare next before, the firſt day of the ſame Parliament, had made, or from thence afterwards ſhould make any Demiſe, or Grant, under their Conventuall or common Seale, or otherwiſe for tearm of yeares, or life, or lives of the Scite, Circuit, and Precinct of their aforeſaid Monaſtery, Abbey, Priory, Houſe of Monks, Colledge, Hoſpitall, Houſe of Friers, or other Religious or Eccleſiaſticall Houſe or Place, or of any part of them, or of any Mannors, Meſſuages, Lands, Tenements, Rectories, appropriate Tithes, Pentions, Portions, or other Hereditaments, belonging or pertaining to their aforeſaid late Monaſtery, Abbey, Priory, Houſe of Monks, Colledge, Hoſpitall, Houſe of Friers, or Religious or Eccleſiaſticall Houſe, or Place: Which Mannors, Meſſuages, Granges, Lands, Tenements, Rectories, appropriate Tithes, Pentions, Portions, and other Hereditaments whatſoever had not been before the ſame Demiſe commonly uſed to be let nor ſet to Farm, but kept and reſerved in the manurate, Tillage, or Occupation of the aforeſaid Governor, or Governeſſe, for Maintenance of Hoſpitality, and good Houſe keeping, or within one yeare next before the firſt day of the ſame Parliament, had made, or afterwards ſhould make any Demiſe or Grant, for tearm of life, or for tearm of yeares, of any Mannors, Meſſuages, Lands, Tenements, Meadowes, Paſtures, Woods, Rectories, appropriate Tithes, Pentions, Portions, Churches, Chappels, or other Hereditaments whatſoever, whereof, and in which the State, or Intereſt, for tearm of life, yeare, or yeares, at the time of the making any ſuch Grant, or Demiſe, then had, there being, or continuance, or after that time ſhould have their being, or continuance, and then were not determined, ended, or expired, or within one yeare next before the firſt day of the aforeſaid Parliament, had made, or afterwards ſhould make any Demiſe or Grant, for tearm of life, or for tearm of yeares, of any Mannors, Meſſuages, Lands, Tenements, Meadowes, Paſtures, Woods, Rectories, appropriate Tithes, Pentions, Portions, Churches, Chappels, or other Hereditaments whatſoever; upon which Demiſes and Grants, the uſuall and old Rents and Formes, accuſtomed to be rendred and reſerved, by the ſpace of twenty yeares, next before the aforeſaid firſt day of the ſame Parliament, were not, or ſhould not be, or afterwards had not been thereupon reſerved and rendred; or if any ſuch Governor, or Governeſſe, of any ſuch Monaſtery, Abbey, Priory, Houſe of Monks, Colledge, Hoſpitall, Houſe of Friers, or other Religious or Eccleſiaſticall Houſe, or Place, which from that time ſhould happen to be diſſolved, ſuppreſſed, renounced, loſt, forfeited, ſurrendred, or come to the Kings Highneſſe, within one yeare, next before the aforeſaid firſt day of the aforeſaid Parliament, had made, or afterwards ſhould make any Bargain, or Sale of their Woods, which Woods were then growing, or ſtanding; that then all and every ſuch Demiſe, Grant, Bargain, and Sale of Wood, or Woods, ſhould be altogether void and of none Effect, as in the ſame Act amongſt other things more fully appeares. And further the ſame R. ſaies, that the aforeſaid late Maſter, and the then Brotherhood of the Mannor aforeſaid with the Appurtenances, whereof, &c. in form aforeſaid being ſeized, before the ſaid time wherein, &c. to wit, the ſixth day of the Month of December, in the three and thirtieth yeare of the aforeſaid late King Henry the eighth, at the Colledge aforeſaid, by their certain Writing, with the common Seale of them the ſaid late Maſter and then Brother-hood ſealed: And in the Court of Chancery, of him the ſaid late King at Weſtminſter, in the County of Middleſex, inrolled of Record, whoſe Date is in the Chapter Houſe of them the ſaid late Maſter, and then Brother-hood there the ſame day and yeare, w • th their unanimous Aſſent and Conſent, and Deliverance of Mind, certain knowledge and meer motion, for certain juſt and reaſonable cauſes, them the ſaid late Maſter and then Brotherhood, conſcientiouſly moving their Soules, voluntarily and of their own accord, they gave and granted, and by that Writing did give, grant, render, deliver, and confirm, to the aforeſaid late King Henry the eighth, their whole Colledge with their Appurtenances, and the aforeſaid Mannor of E. and other the Premiſſes with the Appurtenances, whereof, &c. and the Reverſion and Reverſions of the ſame Mannor amongſt other things to have, hold, and injoy the aforeſaid Colledge with all their Appurtenances, and the aforeſaid Manner of E. and other the Premiſſes with the Appurtenances, whereof, &c. amongſt other things to the aforeſaid late King, his Heires, Succeſſors, and Aſſignes, to the ſole proper behoofe, uſe, and profit of the ſame late King, his Heires, Succeſſors, and Aſſignes, for ever, as by the ſame Writing amongſt other things more plainly appeares. By virtue of which ſaid Gift, Grant, and Act aforeſaid, the ſame late King was ſeized of the Mannor aforeſaid, and other the Premiſſes with the Appurtenances, whereof, &c. in his Demeſne as of Fee and Right, in right of his Crown of England; and being ſo thereof ſeized the ſame late King, afterwards, and before the aforeſaid time of the Treſpaſſe aforeſaid made, to wit, the tenth day of December, in the thirty fourth yeare of his Reigne, by his Letters Patents which he the ſaid R. brings here into Court, whoſe Date is at Weſtminſter, the ſame day and yeare, did give and grant unto Henry, then Earle of Surrey, the Mannor aforeſaid with the Appurtenances, whereof, &c. amongſt other things: And the Reverſion of the ſame Mannor, to have and to hold, to him the ſaid Earle, his Heires and Aſſignes for ever: By virtue of which ſaid Letters Patents, the ſame late Earle was ſeized of the aforeſaid Mannor with the Appurtenances, whereof, &c. in his Demeſne as of Fee and Right, and ſo being thereof ſeized, after and before the aforeſaid time of the Treſpaſſe aforeſaid made, the ſame late Earle, the twentieth day of May, in the thirty ſixth yeare of the aforeſaid late King, by his Indenture at E. between him the ſaid Earle, by the name of the Honorable Henry Earle of Surrey, Knight of the Honorable Order of the Garter, on the one part, and the aforeſaid Richard, by the name of Richard Filmerſton, Gentleman, of the other part, which other part, with the Seale of the aforeſaid Earle ſigned, he the ſaid R. brings here into Court, whoſe Date is the ſame day and yeare did bargain and ſell to him the ſaid R. the Mannor aforeſaid with the Appurtenances, whereof, &c. amongſt other things, by the name of the whole Mannor of E. with the Appurtenances in Suffolke, and all Lands and Tenements, Meadowes, Feedings, Paſtures, Woods, Under-Woods, Poſſeſſions, and Hereditaments, accepted, reputed, or taken, as part, parcell, or Member, of the aforeſaid Mannor, or to that Mannor in any manner pertaining, as alſo all other Lands, Tenements, and Hereditaments, being of the aforeſaid Earles in E. or elſewhere in the County of S. which the aforeſaid Earle had of the Gift and Grant of the aforeſaid late King, or which pertained or belonged, or were part, parcell, or member, or unto the aforeſaid Colledge, or of the Poſſeſſion thereof, within three yeares next before the diſſolution of the ſame Colledge, to have and to hold the aforeſaid Mannor, and all other the Premiſſes with their Appurtenances, to the aforeſaid R. his Heires and Aſſignes for ever, as by the ſame Indenture, amongſt other things, it more fully appeares: Which ſayd Indenture before Sampſon Michell Clerke, one of the Maſters of the Court of Chancery of the aforeſayd late King, afterwards the ſame twentieth day of May in the thirty ſixth yeare aforeſayd, as the Deed of him the ſayd Earle, by him the Earle was acknowledged, and in the Chancery aforeſayd the ſame day and yeare, according to the forme of the Statute in that caſe publiſhed and provided, was inrolled; by which the ſame R. was ſeized of the Mannor aforeſayd with the appurtenances, whereof, &c. in his Demeſne as of Fee, untill the aforeſayd S. afterwards, to wit, the aforeſayd time wherein, &c. into the Mannor aforeſayd with the appurtenances, whereof, &c. did enter, and the Cloſe aforeſayd then and there broke, and the Graſſe aforeſayd then and there growing, with the Cattell aforeſayd did eate up, trod downe, &c. in manner and forme as the aforeſayd R. above againſt him complaines.

And further the ſame R. ſayes, That the aforeſayd Demiſe of the Mannor aforeſayd with the appurtenances, whereof, &c. by the aforeſayd late Maſter and the Brotherhood to the aforeſayd E. Beſtroy and S. in forme aforeſayd made, had his Continuance and being at the aforeſayd time of the aforeſayd Demiſe of the ſame Mannor with the appurtenances, whereof, &c. to the aforeſayd S. by the aforeſayd late Maſter and Brotherhood, in forme above in the Barr aforeſayd ſpecified, was ſuppoſed to be done: By which the ſame Demiſe in the Barr aforeſayd pleaded, in the ſame manner and forme made is voyd and of none effect: And this, &c. Whereupon for that the aforeſayd S. the Treſpaſſe aforeſayd in the aforeſayd hundred Acres of Land with the appurtenances, above acknowledgeth, the ſame R. prayes Judgement, and his damages by occaſion of that Treſpaſſe to be adjudged unto him, &c.

AND the aforeſaid S. as formerly ſaith,The Defendant maintaines his Plea and traverſeth the demiſe of the Maſter, and Brother-hood to T. Boſtnay and S. That the aforeſaid late Maſter and Brotherhood aforeſayd, of the late Colledge, long before the aforeſayd time of the Treſpaſſe aforeſayd above ſuppoſed to be done, were ſeized of the Mannor aforeſayd, with the appurtenances, whereof, &c. in their Demeſne as of Fee, in right of their Colledge aforeſayd: And the ſaid late Maſter and Brotherhood of the ſame late Colledge of that Mannor with the appurtenances, whereof, &c. being ſeized, the ſame late Maſter and Brotherhood of the aforeſayd late Colledge, before the aforeſayd time wherein, &c. to wit, the aforeſaid twentieth day of December, in the thirtieth yeare of the Raign of the aforeſayd late King, at R. aforeſayd, by their aforeſayd Writing indented with the Seale of them the ſayd Maſter and Brotherhood ſealed, and to the Court of our aforeſayd late Queen ſhewen, as aforeſayd, whoſe date is the ſame day and yeare, by their unanimous aſſent and conſent, did demiſe and to Farme let unto the aforeſayd S. his Heires, Executors and Aſſignes, the aforeſaid Mannor of E. with the appurtenances, to have and to hold the aforeſaid mannor with the apuptenances, whereof, &c. to the aforeſayd S. his Executors and Aſſignes, from the aforeſayd Feaſt of the Intention of the holy Croſſe laſt paſt, before the date of the ſaid indented Writing, unto the end and terme of fifty yeares, from thence next following, and fully to be compleat and ended: By vertue of which ſayd Demiſe, the aforeſayd S. into the Mannor aforeſayd with the appurtenances did enter, and was thereof poſſeſſed, in manner and forme as the aforeſayd S. above by pleading hath alledged.

Without that that the aforeſayd late Maſter and Brotherhood aforeſayd of the late Colledge, demiſed the Mannor aforeſayd, with the appurtenances, whereof, &c. to the aforeſayd E. Beſtnay and S. in manner and forme as the aforeſayd R. above by Replication hath alleadged: And this, &c. Whereupon he prayes Judgment, and that the aforeſayd R. may be debarred from having his Action aforeſayd againſt him, &c.

AND the aforeſayd R. F. as formerly ſaith, That the aforeſayd late Maſter and Brotherhood of the aforeſayd late Colledge, did demiſe the Mannor aforeſayd with the appurtenances, whereof, &c. to the aforeſayd E. B. and S. in manner and forme as the aforeſayd R. above by Replication hath alledged; and this hee prayes may be inquired of by the Countrey: And the aforeſaid S. in like manner, &c. Therefore command is to the Sheriff of Norfolke, A Juſtification in Treſpaſſe, by a Preſcription for a Proceſſion way in another place then in the declaration, with a traverſe that he is guilty in the place in the declaration. that he cauſe to come here twelve, &c.

AND the aforeſayd T. A. R. T. M. and others, by W.H. their Attorney, come and defend the force and injury, when, &c. And the aforeſayd T. M. ſayes, That he is in nothing thereof guilty: And of this, &c. and the aforeſaid Prior in like manner, &c. And the aforeſaid T. A. R. and others, as to the coming by Force and Armes, ſay, that they are in nothing thereof guilty: And of this, &c. and the aforeſaid Prior in like mannor, &c. And as to the reſidue of the Treſpaſſe aforeſaid, ſuppoſed to be made, they the ſaid T: A.R. and others ſay that the aforeſaid Prior ought not to have his action aforeſaid againſt them: Becauſe they ſay that long before the aforeſaid time, wherein the Treſpaſſe aforeſaid is ſuppoſed to be done, one E. M. was ſeized of one Marſh called forty acres, containing forty acres of Marſh land with the appurtenances lying in the Pariſh of H. in the County aforeſaid in his demeſne as of fee: and being ſo thereof ſeized before the ſaid time, wherein, &c. at H. aforeſaid demiſed the aforeſaid forty acres of Marſh Land to the aforeſaid Prior to hold to him at the will of him the ſaid E. By vertue of which demiſe, hee the ſaid Prior the aforeſaid time of the Treſpaſſe aforeſaid ſuppoſed to be made was thereof poſſeſſed: further ſay that the ſame T. A. is, and the aforeſaid time of the Treſpaſſe aforeſaid ſuppoſed to be done was Vicar of the Pariſh Church of H. aforeſaid: and that they the ſaid R. and others at the ſame time of that Treſpaſſe ſuppoſed to be made were Pariſhioners of the ſame Pariſh of H. and dwelling within the ſame Pariſh: and further ſay, that the aforeſaid T.A. and all his predeceſſors Vicars of the Pariſh Church of H. aforeſaid, and whomſoever Pariſhioners of the ſame Pariſh from the time being from time out of minde were uſed and accuſtomed yearly at their pleaſure, on the Eve of Aſcention day within the Rogation dayes to go and walk about through the Marſh aforeſaid with ſolemne proceſſion of the aforeſaid Pariſh of H. By which the aforeſaid T. A. the aforeſaid time of the Treſpaſſe aforeſaid ſuppoſed to be made then being Vicar of the ſame Church: And the aforeſaid R. and others then Pariſhioners of the ſame Pariſh of H. and dwelling within the ſame Pariſh on the Eve of Aſcention day within the Rogation daies in the aforeſaid firſt year of the Reign of our Lord the King that now is, with other Pariſhioners of the ſame Pariſh, with the ſolemne proceſſion of the ſame Pariſh, did goe and walke about the aforeſaid forty acres of Marſh; The aforeſaid Prior then of the Marſh aforeſaid being poſſeſſed by vertue of the demiſe aforeſaid to him made; and in that walking about the graſſe aforeſaid in the ſame Marſh then growing, by walking, with their feet they did tread down and conſume, as it was lawfull for them to doe; Without that that the aforeſaid T. A. R. and others are guilty of the Treſpaſſe aforeſaid in S. aforeſaid ſuppoſed to be done in the forme which the aforeſaid Prior above againſt them complaineth, and this, &c. Whereupon they pray judgement, whether the aforeſaid Prior ought to have his action aforeſaid againſt them.

ANd the aforeſaid Prior ſayes,Iſſue upon the Traverſe. that he ought not be debarred from having his Action aforeſaid againſt &c. Becauſe he ſaith by Proteſtation that the aforeſaid Marſh called forty acres is in Seaſalton aforeſaid, and not in the pariſh of H. by proteſtation alſo that the aforeſaid E. was not ſeized of the aforeſaid forty acres of Marſh, nor demiſed them to him the ſaid Prior in form aforeſaid; and not acknowledging any thing by the ſaid T. A. R. and which is above alledged to be true, For plea ſaith, that the ſaid T. A. R. and others are guilty of the Treſpaſſe aforeſaid, in Seaſalton aforeſaid; in the form wherein he the ſame Prior above againſt them complaineth; and this he praies may be enquired of by the Country, and the aforeſaid T. A. R. and others in like manner, &c.

ANd the aforeſaid W.T. and T.C. by W.R. their Attorney come, and defend the force and injury when &c.Juſtification in Treſpaſſe for a • erriot Cuſtome And as to the coming by force and armes, &c. or whatſoever, &c. not guilty: And as to the taking of the Oxe aforeſaid, they the ſaid W. and T. ſay that the aforeſaid Adminiſtrator ought not to have his Action aforeſaid againſt them; Becauſe they ſay that long before the aforeſaid time, wherein the aforeſaid I. the Teſtator, &c. was ſeized of twenty acres of Lands with the appurtenances in B. aforeſaid in his demeſne as of Fee; And being ſo thereof ſeized, held the ſame twenty acres of Land with the appurtenances of Thomas Biſhop of London as of his Mannor of Boughton Ayluſſe in the County aforeſaid by fealty and rent of 12 d. by the year, that is to ſay, at the Feaſt of St. Andrew the Apoſtle 3 d. thereof, and at the feaſts &c. 3 d. thereof reſidue by equall portions yearly to be paid; And by the ſervice of doing Suit to the Court of the ſaid Biſhop of his Mannor aforeſaid from three weekes to three weekes at Boughton A. aforeſaid to be held, and by the ſervice of rendring after the death of each Tenant dying thereof ſeized; and after each alienation of the ſame twenty acres of Land in fee made by way of releife three pence one farthing, and the third part of one farthing: And by the ſervice of rendring to the aforeſaid Biſhop after the death of each Tenant dying of the aforeſaid twenty acres of Land ſeized the beſt living beaſt of the ſame Tenants at the time of his death in the name of a Herriot; of which ſaid ſervices the ſame Biſhop was ſeized by the hands of the aforeſaid Teſtator, as by the hands of his true Tenant: (and otherwiſe thus) That the aforeſaid Biſhop and all his Anceſtors, and all they whoſe eſtate the ſame Biſhop hath in the aforeſaid Mannor of B A. with the appurtenances have had and time out of minde were accuſtomed to have of all and all manner of Tenants of the Mannor aforeſaid, and of each Tenant of the ſame Mannor whoſe Lands or Tenements of the Lord of the Mannor aforeſaid, as of the ſame Mannor holdeth, and theſe Lands or Tenements or any parcell thereof ſo held, he alienateth to any perſon or perſons in fee, notice thereupon in the life time of him who alienateth thoſe Lands or Tenements by them or by him, to which or to whom ſuch Lands or Tenements ſhould be ſold to the Lords of the ſaid Mannor for the time being, being not given or made after the death of ſuch Tenant ſo alienating, the beſt living beaſt, which was his the ſaid Tenants ſo alienating at the time of his death, by the name of a cuſtomary Herriot: And the aforeſaid W. and I. ſay, that the aforeſaid I.S. the Teſtator, &c. was ſeized of the aforeſaid twenty acres of land with the appurtenances in his demeſne as of Fee: and being ſo thereof ſeized enfeoffed T.S. and I.S. of the ſame twenty acres of Lands, with the appurtenances of the aforeſaid Biſhop in forme aforeſaid then being held, to hold to them, their heirs and aſſigns for ever: By vertue of which ſaid Feoffment, they the ſaid T.S. and I.S. were thereof ſeized in their demeſne as of Fee: and the aforeſaid J.S. the Teſtator afterwards dyed: No notice by the ſame T.S. and I.S. or either of them of that Feoffement to the aforeſaid Biſhop at the time of the ſaid Feoffement then & as yet being Lord of the Mannor in the life of the aforeſaid J.S. the Teſtator being given or made: and the aforeſaid W. and T. further ſay, that the aforeſaid I. S. the Teſtator at the time of his death was poſſeſſed of the Oxe aforeſaid as of his proper Oxe, which then was his beſt living beaſt at the time of his death. By means whereof they the ſaid W. and T. as the ſervants of the ſame Biſhop, and by his command, the aforeſaid time, wherein the Treſpaſſe aforeſaid was ſuppoſed to be made: The Oxe aforeſaid, as the beſt living Beaſt which was the aforeſaid I.S. the Teſtator at the time of his death in the cuſtody of the aforeſaid Adminiſtrators at B. A. aforeſaid there found in the name of a cuſtomary Herriot, they took and led away as it was lawfull for them to doe; And this, &c. whereupon, &c.

AND the aforeſaid I.T.S. and I. Adminiſtrators, &c. ſay,The Plaintiffe ſayes by Proteſtation that the Lands were 〈◊〉 held by ſuch, or ſo many ſervices put, &c. for Plea that they did the Treſpaſſe de injuria propria, and traverſe the cuſtome. that they levy any thing, &c. ought not to be debarred from having their action aforeſaid againſt them, becauſe by Proteſtation, that the aforeſaid twenty acres of Lands are not ſold of the aforeſaid Biſhop by ſuch, nor ſo many ſervices as the aforeſaid W. and T. above have alleadged for Plea; they ſay that the aforeſaid W. and T. the day and year aforeſaid by force and armes of their proper injury, the Oxe aforeſaid out of the poſſeſſion of the Adminiſtrators aforeſaid, at B. aforeſaid found, they tooke and led away, as the ſame I. T. S. and I. above againſt them complaine, without that, that the aforeſaid Biſhop, and his Anceſtors, and all they whoſe eſtates the ſame Biſhop hath in the aforeſaid Mannor with the appurtenances were, and from the whole time aforeſaid were uſed, and accuſtomed of all, and all manner of the Tenants, and of every Tenant of the Mannor aforeſaid, who holds Lands or Tenements of the Lord of the Mannor aforeſaid, as of the ſame Mannor And thoſe Lands or Tenements, or any parcell thereof ſo held, ſhall have ſold to any perſon, or perſons in Fee, notice thereof in the life of him who ſhall ſo have alienated thoſe Lands and Tenements by him or them, to which, or to whom theſe Tenements ſhall be ſold, unto the Lord of the ſame Mannor for the time being, not being given, or made after the death of the Tenant ſo alienating, the beſt living beaſt which was of his the ſaid Tenants ſo alienating at the time of his death, in the name of a cuſtomary Herriot, as the aforeſaid W. and T. above hath alleadged: And this, &c. Whereupon for that the ſame VV. and T.C. the taking of the Oxe aforeſaid above acknowledge, they pray judgement, and their damages upon that occaſion to be adjudged unto them, &c.

Iſſue upon the Herriot cuſtome.AND the aforeſaid W. and T. ſay that the aforeſaid Biſhop, and all his Anceſtors, and all they whoſe eſtates he the ſaid Biſhop hath in the Mannor aforeſaid with the Appurtenances hath had, and from the whole time aforeſaid, were uſed and accuſtomed to have of all, and all manner of Tenants, of every Tenant of the Mannor aforeſaid, who held Lands or Tenements from the Lord of the Mannor, &c. as of the ſame Mannor, and doe alien thoſe lands and Tenement, or any parcel thereof to any perſon or perſons in Fee; Notice thereof in the life time of him who ſhall ſo ſell thoſe Lands or Tenements by them, or by him, to which, or to whom thoſe Tenements ſhall be ſold, to the Lord of the ſame Mannor for the time being, not being given, and made after the death of ſuch Tenant ſo alienating, the beſt living beaſt, which was his the ſaid Tenant ſo alienating at the time of his death in the name of a cuſtomary Herriot, as the ſame W. and T. above have alleadged: And of this they put themſelves upon the Country, &c.

AND the aforeſaid R.J. A.E. J.C. and R.L. by R. G. their Attorney come and defend the force and injury,Some of the Defendants plead not guilty, and others juſtifie, for that the place in which, &c. is the Kings highway. Trin. 16. Hen. 7. Rol. 35. whom, &c. And the aforeſaid R.I. A.E. and R. ſay, that they are in nothing guilty, &c. And of this, &c. And the aforeſaid Plaintiffe in like manner, &c. And the aforeſaid, J.C. as to the comming with force and Armes, &c. as alſo the whole treſpaſſe aforeſaid, beſides the breaking of the Cloſe aforeſaid, ſaith that he is in nothing guilty, &c. And as to the Treſpaſſe aforeſaid, of breaking the Cloſe aforeſaid ſuppoſed to be done, the ſame I.C. ſaies, that the aforeſaid Plaintiffe ought not to have his action aforeſaid againſt him, becauſe he ſayes, that the place in which the Treſpaſſe aforeſaid is ſuppoſed to be made, is, and at the time wherein, &c. was ſeven Acres of Land called Otefield-brook with the Appurtenances in W. aforeſaid, whereof the ſaid I. C. at the time of the Treſpaſſe aforeſaid ſuppoſed to be made, and long before the ſaid time was ſeized in his Demeſne as of Fee: Over which ſaid ſeven Acres of Land, with the Appurtenances is, and from time out of minde, was the Kings common high-way, tending and leading from the Kings way there called the Aſhford high-way, unto the Village of Adelsford in the County aforeſaid, containing in breadth eight foot, that is to ſay, as well for horſemen, as for foot-men there by the ſame way willing to ride, or journey: And further, he the ſame I.C. ſaies that he the aforeſaid time wherein, &c. did ride, and travell from the aforeſaid Kings way, called Aſhford high-way, unto the village of A. aforeſaid over the aforeſaid ſeven Acres of Land, uſing that high-way of the Kings there, as it was lawfull for him to do: which ſaid riding by that high-way of the Kings over the aforeſaid ſeven Acres of land, is the ſame breach of the Cloſe, whereof the aforeſaid I. C. above complaines, &c. And this, &c. whereupon he prayes judgement whether the action &c.

And the aforeſaid Plaintiffe ſayes, that he ought not to be debarred from having his action aforeſaid againſt the aforeſaid I. C. becauſe hee ſaith, that the foreſaid I. C. together with &c. the day and yeer aforeſaid by Force and Armes aforeſaid of his proper injury the Cloſe aforeſaid in the aforeſaid ſeven Acres of land did breake, and alſo his graſſe upon the ſame ſeven Acres of Land then growing, with the cattell aforeſaid, did eat up, tread down, and conſume in manner and forme as the ſame I. C. above now complaineth.

VVithout that, that there is,The Traverſe. or from the aforeſaid time out of minde, &c. there was a common Kings high way, tending and leading from the Kings high-way there called Aſhford high-way, unto the village of Adelsford, as well for horſemen, as for footmen, over the aforeſaid ſeven Acres of Land in manner and forme as the aforeſaid I. C. above by pleading hath alleadged: And this, &c. VVhereupon for that the ſame I. C. the Treſpaſſe aforeſaid of breaking the Cloſe aforeſaid above acknowledgeth, he prayes judgement, and his damages by that occaſion to be adjudged unto him, &c.

AND the aforeſaid I.C. as formerly, ſaith, that there is,Iſſue upon the Traverſe. and from the ſaid time out of minde, &c. there was a common Kings high-way tending and leading from the aforeſaid high-way called Adelsford high-way unto the village of Adelsford aforeſaid, as well for horſe-men as for footmen over the aforeſaid ſeven acres of Land with the appurtenances, in manner and forme as the aforeſaid I. C. above by pleading hath alleadged: And of this hee puts himſelfe upon the Country, and the aforeſaid Plaintiffe in like manner, &c.

The Defendants plead that a ſtranger was ſeized, &c. And Enfeoffed certaine, &c. And juſtifie the Treſpaſſe as ſervants to the Feoffees. Paſchae 19. Hen. 7. Rol. 60. AND the aforeſaid T. and VV.B. by T.S. their Attorney come and defend the force and injury when &c. And as to the coming by force and armes, or whatſoever, &c. not guilty: And as to the reſidue of the Treſpaſſe aforeſaid, ſuppoſed to be done, the ſame. T.A. and VV. ſay, that the aforeſaid T.R. ought not to have his action aforeſaid againſt them, becauſe they ſay that the place in which the Treſpaſſe aforeſaid is ſuppoſed to be done, is, and the aforeſaid time wherein, &c. was one Garden, three Crofts of Land containing twelve acres of Land and one Pagholl in L. aforeſaid, whereof one E.B. long before the ſaid time, wherein, &c. was ſeized in his demeſne as of Fee: And ſo being thereof ſeized, by his certaine Deed indented long before the ſaid time enfeoffed F.A. and I.R. to have, and to hold to them, and their heires for ever. By vertue of which ſaid Feoffement they the ſaid R. and I. long before the aforeſaid time,Colour by Feoffement. wherein, &c. were thereof ſeized in their demeſne as of Fee: And the aforeſaid T.R. claiming the Tenements aforeſaid, with the appurtenances by colour of of a certaine demiſe to him thereupon made for terme of his life by the aforeſaid Edmond long before the aforeſaid Feoffement, to them the ſaid F. and I. made, where nothing of the aforeſaid Tenements, with the appurtenances into the poſſeſſion of him the ſaid T.B. by that Deed ever paſſed into the ſame Tenements with the appurtenances long before the ſaid time of the Treſpaſſe aforeſaid, ſuppoſed to be done, entred upon: which ſaid T.B. poſſeſſion thereupon; the aforeſaid T. A. and W. as the ſervants of them the ſaid F. and I. and by their commandement, the aforeſaid time wherein, &c. into the ſame Tenements, with the appurtenances re-entred, and the cloſe aforeſaid then there broke, and the corne and graſſe then there growing did tread downe, and conſume, continuing that treading downe, and conſumption in forme aforeſaid, as it was lawfull for them to do: And this, &c. Whereupon, &c. Whether action, &c.

The Plaintiffe Aſsigns Treſpaſſe anew.AND the aforeſaid T.R. ſayes, that he by any thing by the aforeſaid T.A. and VV. pre-alleadged, ought not to be debarred from having his action aforeſaid, againſt them of the Treſpaſſe aforeſaid made, becauſe he ſaith, that the place in which the Treſpaſſe aforeſaid, whereof he above now complaineth, is, and the ſaid time wherein, &c. was two hundred acres of Lands in R, aforeſaid, called, Fatherfeild, Thiſtlecroſſe, and Churchfield, other then the Tenements aforeſaid in the aforeſaid barre of them the ſaid T.A. and VV. ſpecified. VVhereupon for that the aforeſaid T.A. and VV. to the Treſpaſſe aforeſaid in the aforeſaid two hundred acres of Land anſwer not, he prayes judgement, and his damages, by occaſion of that Treſpaſſe to be adjudged unto him, &c.

ANd the aforeſaid T.A. and W. as to the treſpaſſe aforeſaid in the aforeſaid two hundred acres of land anew aſſigned ſuppoſed to be done,The Defendants juſtifie the Treſpaſſe in the lands anew aſſigned for certain way from their houſes to the Church. ſay that the aforeſaid T.R. ought not to have or maintain his action aforeſaid againſt them, &c. becauſe they ſay that the aforeſaid T.A. and W. are, and the aforeſaid time wherein &c. were ſeized of one Meſſuage with the appurtenances in R. aforeſaid in their demeſne as of Fee; and that they, and all thoſe whoſe eſtate the ſame T.A. and W. have in the ſame Meſſuage with the appurtenances were accuſtomed to have a certaine way from the ſaid Meſſuage unto the Pariſh Church of R. over and upon the aforeſaid two hundred acres of Land from the time out of mind, &c. By which the ſame T.A. and W. the aforeſaid time wherin &c. into the aforeſaid two hundred acres of Land entred, uſing their way aforeſaid in the ſame, as it was lawfull for them to doe, which is the ſame treſpaſſe of breaking the Cloſe aforeſaid, and treading downe and conſuming the graſſe aforeſaid in the ſame two hundred acres of Land whereof the aforeſaid A. B. above againſt them complaineth; And this &c. whereupon they pray judgement whether the aforeſaid T.B. ought to have and maintaine his action aforeſaid againſt them, &c.

ANd the aforeſaid T.B. ſaies that he by any thing before alledged ought not to be deba • red from having his action aforeſaid againſt them,The Plaintiff by proteſtation ſaies the Defendant had no way for plea, that they trod down the graſſe out of the way. becauſe by proteſtation that the aforeſaid T. A. and W. and all they whoſe ſtate the ſame A.T. and W. have in the Meſſuage aforeſaid, have not had, nor were accuſtomed to have the way aforeſaid from the Meſſuage aforeſaid, to the Church aforeſaid, over and upon the aforeſaid two hundred acres of Land in the aforeſaid laſt bar ſpecified from the time out of mind &c. as they above by pleadings have alledged; for plea he ſayes, that he the ſame T.B. was of the aforeſaid two hundred acres of Land with the appurtenances long before the ſaid time wherein &c. ſeized in his demeſne as of Fee, untill the aforeſaid T. A. and W. by force and armes aforeſaid the Cloſe aforeſaid in the aforeſaid two hundred acres of Land did breake, and the come and graſſe aforeſaid out of that way growing did tread downe and conſume in manner and forme as the ſame T. B. above by pleading hath alledged; and this &c. whereupon he prayes judgement, and his damages by occaſion of that treſpaſſe to be adjudged unto him &c.

ANd the aforeſaid T.A. and W. as to the treſpaſſe aforeſaid out of the way aforeſaid in the aforeſaid two hundred acres of Lands ſuppoſed to be made, ſay, that they are nothing thereof guilty; And of this they put themſelves upon the Country, and the aforeſaid T.B. in like manner, &c.

The Defendants juſtifie the taking of a Mortuary, by vertue of a Demiſe to them of the Rectory, &c. Trin. 21. Hen. 7. Rol 62 ANd the aforeſaid R. P. and W. P. by A. B. their Attorney come and defend the force and injury when, &c. and as to the coming by force and armes or whatſoever, &c. not guilty &c. and as to the reſidue &c. the ſame R. and W. ſay that the aforeſaid plaintiffe ought not to have his action &c. becauſe they ſay, that one L. Prior of the houſe and Church of the bleſſed Mary, and St. Thomas the Martyr of the now place near Guilford is and the ſaid time wherein &c. was Parſon imparſonate of the Church of Ewel aforeſaid: and that he, and all his Predeceſſors, Priors of the houſe aforeſaid, from the time out of minde, &c. were Parſons of the ſame Church imparſonate in the ſame: And that he, and all his Predeceſſors aforeſaid Parſons of the Church aforeſaid by the whole time aforeſaid, were uſed and accuſtomed to have of every perſon within the Precinct of the Pariſh of Ewel aforeſaid, dying, to whom the Sacraments and holy things at the time of his death are adminiſtred, or adminiſtrable, one living Beaſt of the ſame ſo dying perſon; if the ſame dying man have beaſts at the time of his death, or before, or the beſt thing of him the ſaid ſo dying man, if he have no living beaſts at the ſame time, in the name of a Mortuary, for the holy things to him ſo dying to be celebrated: And that the aforeſaid Prior, and all his Predeceſſours aforeſaid, Parſons of the Church aforeſaid, from the whole time aforeſaid, were uſed and accuſtomed, to take and ſeize ſuch Mortuary ſo happening, to whoſe hands ſoever they ſhould come: And the ſame R.P. and VV. ſay, that the aforeſaid now Prior, long before the ſaid time, wherein &c. that is to ſay, (ſuch a day and yeer) at Ripley in the County aforeſaid, demiſed to the aforeſaid R.P. the Rectory of Ewel aforeſaid, with all fruits, oblations, offerings, glebes, lands, and other their appurtenances whatſoever; To have, and to hold to him the ſaid R.P. and his Aſſigns untill the end and terme of one and twenty years from thence next following, and fully to be compleat: By vertue of which Demiſe the aforeſaid R.P. long before the ſaid time wherein, &c. was of the Rectory aforeſaid, and other the premiſes, with their appurtenances poſſeſſed: And hee being ſo thereof poſſeſſed after, and before the ſaid time, that is to ſay (ſuch a day and year aforeſaid) one E G. to whom the Sacraments and holy things then were to be adminiſtred, and adminiſtrable, was poſſeſſed of the aforeſaid horſe, as of his proper horſe: And he being ſo thereof poſſeſſed long before the ſaid time, wherein, &c. delivered that horſe to the aforeſaid R.G. ſafely to be kept: And that horſe to him the ſaid E. to be redelivered when he ſhould be thereunto required: And that alſo long before the ſaid time wherein, &c. that is to lay the eleventh day of March (ſuch a yeer) One R.R. to whom the Sacraments and holy things then were to be adminiſtred, and adminiſtrable was poſſeſſed of the aforeſaid Oxe, as of his proper Oxe: And ſo being thereof poſſeſſed long before the ſame time, wherein &c. delivered that Oxe to the aforeſaid R.G. to be ſafely kept: And that Oxe to him the ſaid R.R. when he ſhould be thereunto required to bee re-delivered: By means whereof, the aforeſaid R. E. long before the aforeſaid time, wherein, &c. was of the ſaid Oxe poſſeſſed: And he being ſo of the ſame Horſe and Oxe poſſeſſed, the aforeſaid E. G. and R. R. afterwards, and long before the ſame time at Ewell aforeſaid, within the Pariſh aforeſaid dyed: By means whereof, the Horſe and Oxe aforeſaid, came and belonged to the aforeſaid R.P. in the name of a Mortuary, of them the ſaid E. G. and R.R. By which the ſame R.P. as in his owne Right: And the aforeſaid A. and W. as ſervants of him the ſaid R.P. and by his command the aforeſaid time wherein, &c. the Horſe and Oxe aforeſaid at Ewell aforeſaid found, in the name of Mortuaries of them the ſaid E.G. and R.R. they tooke and led away, as it was lawfull for them to doe: And this, &c. whereupon they pray judgement whether the action, &c.

AND the Plaintiffe ſayes, that he ought not to be debarred from his action aforeſaid, &c. becauſe he ſaith, That the Prior, Parſon of the Church aforeſaid imparſonate in the ſame remaines, and all his Predeceſſors aforeſaid Parſons of that Church from time out of minde were uſed, and accuſtomed to have of each perſon within the Precinct of the Pariſh of Ewell dying, to whom the Sacraments, and holy things at the time of his death are to be adminiſtred, and adminiſtrable one living beaſt of the ſame ſo dying perſon, if the ſame dying perſon have living beaſts at the time of his death, or one other better thing of his the ſaid perſon ſo dying, if at the ſame time he had no living beaſts, in the name of a Mortuary for Sacramentals to him ſo dying to be adminiſtred: And that alſo within the ſame Pariſh of Ewell, from the whole time aforeſaid, there is had ſuch a cuſtome, that whereſoever any of the Pariſh aforeſaid, to whom Sacraments and holy things are to be adminiſtred and adminiſtrable at the time of his death within the Pariſh aforeſaid doe dye, having livings, beaſts, or other things at the time of his death, that then after his death his Executor or Executors of his laſt will, or Adminiſtrator, or Adminiſtrators of the goods and Chattels of him ſo dying, were uſed and accuſtomed to have the firſt election of all and ſingular the beaſts, or of any other better things which were of him ſo dying at the time of his death: And the ſame living beaſts or other better things firſt choſen to bee taken and ſeized to the fulfilling of the Will of the Teſtator ſo deceaſing: And after ſuch election of the living beaſts, or of other better things of ſuch perſon dying, by the Executor, or Adminiſtrator of the goods of ſuch ſo dying in forme aforeſaid made, That then the aforeſaid Prior Parſon imparſonate of the Church aforeſaid, or his Deputy by the whole time aforeſaid were uſed and accuſtomed to have to himſelfe of the beaſts, or of other things reſidue which were of the aforeſaid ſo dying perſon at the time of his death, the beſt beaſt, or other better thing of his ſo dying by his Executors or Adminiſtrators formerly in no wiſe taken, or ſeized for his Mortuary: And the aforeſaid R. and M. ſay that the aforeſaid E.G. and I.R. long before the ſaid time wherein, &c. And at the time of the death of them, were poſſeſſed of the aforeſaid Horſe and Oxe, as of their proper Horſe and Oxe: And ſo being thereof poſſeſſed at Ewell aforeſaid, conſtituted the aforeſaid R.G. Executor of their laſt Wills: And long before the aforeſaid time, wherein &c. By means whereof the ſaid R.G. after the death of the aforeſaid E.G. and R.R. as Executor of the Teſtament, and laſt Will of them the ſaid E.G. and R.R. long before the ſaid time wherein, &c. the aforeſaid Horſe and Oxe, as the beſt living beaſts of the aforeſaid Teſtator took and ſeized to the fulfilling of the execution of the Teſtament of the aforeſaid Teſtators: By which he the ſaid E.G. long before the ſaid time wherein &c. was of the ſame Horſe and Oxe poſſeſſed untill the ſaid R.P.A. and W. in the ſaid time wherein &c. the ſame Horſe and Oxe out of the poſſeſſion of him the ſaid E. G. they took and led away in manner and forme as the ſame E.G. above againſt them complaineth: And this, &c. Whereupon for that the aforeſaid R.P.A. and W. the Treſpaſſe aforeſaid above acknowledgeth, he prayeth judgement, and his damages upon that occaſion to be adjudged unto him, &c.

The Defendant maintaines his plea in bar, and traverſes the cuſtome pleaded by the Plaintiffe. Traverſe.AND the aforeſaid. R.P.A. and W. as to the aforeſaid reſidue of the Treſpaſſe aforeſaid ſuppoſed to be done, ſayes as formerly, that the aforeſaid Prior is, and at the ſaid time wherein, &c. was Parſon of the Church aforeſaid imparſonate in the ſame, and that he, and all his predeceſſors (and ſo recite as in the firſt plea in bar of the Defendant.)

Without that that within the aforeſaid Pariſh of Ewell from time out of minde, &c. there was had ſuch a cuſtome, that whenſoever any of the Pariſh aforeſaid, to whom Sacraments and holy things at the time of his death are to bee adminiſtred or adminiſtrable do dye within that Pariſh, having livings, beaſts, or other things at the time of his death, that then after his death, his Executor, or Executors of his will aforeſaid, or the Adminiſtrator or Adminiſtrators of the goods and Chattels of him ſo dying, were uſed and accuſtomed to have the firſt election of all and ſingular the livings, beaſts, or of any other better things, which were of his ſo dying at the time of his death: And the ſame living beaſts, or other bette things firſt choſen, to take and ſeize to the fulfilling of the Execution of the Teſtament of ſuch Teſtator ſo deceaſing, as the aforeſaid R.G. above by pleading hath alleadged: And this, &c. Whereupon they pray judgement: And that he the ſaid E.G. may bee debarred from having his action aforeſaid againſt them.

AND the aforeſaid E. G. as formerly ſaith,Iſſue upon the Traverſe. that within the Pariſh, &c. (and ſo word for word as in the Traverſe before) untill as he the ſame E.G. above by pleading hath alleadged. And this he prayes may be enquired of by the country, &c.Aid Prior after iſſue made. And upon this the aforeſaid R. P. ſayes that he that Averment aforeſaid, above pretended, without the aforeſaid Prior cannot make good, or maintaine: And prayes aid of him the ſaid Prior: And he that, &c. Therefore the ſame Prior is to bee ſummoned by good Summons, &c. that he be before our Lord the King from the day of St. Michael in fifteen dayes, whereſoever, &c. to joyne himſelfe in aid unto the aforeſaid R.P. and to make good and maintaine the iſſue aforeſaid, with the aforeſaid A. and W. if he will: And as to the trying of the iſſue aforeſaid above between the parties aforeſaid joyned,Iſſue and the Ve. fac. The Jury are thereupon to come before our Lord the King at the aforeſaid Terme: And who neither, &c. to Recogniſe, &c. Becauſe as well, &c. The ſame day is given to the parties aforeſaid here, &c.

Middleſex, AND the aforeſaid J.L. by W.L. his Attorney comes and defends the force and injury when, &c.The Defendant pleaded the goods taken as a pawne for mony lent &c. And as to the coming by force and armes, he ſaith, he is in nothing thereof guilty: And as to the reſidue of the Treſpaſſe aforeſaid, ſuppoſed to be done, the ſame I. ſayes, that the aforeſaid Plaintiff ought not to have his action, &c. becauſe he ſaith that the ſame S. long before the ſaid time wherein, &c. was indebted unto him the ſaid I. in 46 s. and 8 d. for divers ſums of mony by him the ſaid S. of the aforeſaid I. formerly borrowed: And afterwards, and long before the ſaid time, the ſame S. by one A. his wife delivered to the aforeſaid I. the aforeſaid goods, and chattels, as a pawne for the aforeſaid 46 s. and 8 d. to be held to him the ſaid I. in pledge, untill the ſaid S. to the aforeſaid l. the ſame 46 s. and 8 d. had paid: And the ſame I. in fact ſaith, that the aforeſaid S. hath not as yet paid to him the ſaid I. the aforeſaid 46 s. and 8 d. Which is the ſame Treſpaſſe, and taking and carrying away the aforeſaid goods and chattels, whereof the aforeſaid S. above now complaines. And this, &c. Whereupon he prayes judgement whether the Action &c.

AND the aforeſaid S. ſayes, that he by any thing before alleadged,The Plaintiffe replied that he took them injuria ſua propria without ſuch a cauſe. ought not to be debarred from having his Action aforeſaid, becauſe he ſaith, that the aforeſaid I. as of his proper injury, and without ſuch a cauſe above by him the ſaid I. alleadged the day and yeare aforeſaid, the aforeſaid goods and chattels at St. John ſtreet aforeſaid found, hee took and carried away, as the ſame S. by his Bill aforeſaid above ſuppoſeth: And this he prayeth may be enquired of by the Country: And the aforeſaid I. in like manner. Therefore the Jury is to come before our Lord the King, &c.

Juſtification in Treſpaſſe for taking Cattel as a ſtray.AND the aforeſaid R. by T.B. his Attorney comes and defends the force and injury when, &c. And as to the coming by force and armes, and alſo the whole Treſpaſſe aforeſaid, beſides the taking and leading away of two horſes of the aforeſaid three horſes, the ſame R. ſayes, that he is in nothing guilty, &c. And as to the taking and leading away of two of thoſe horſes, the ſame R. ſayes that the aforeſaid T. Poultrey ought not to have his action aforeſaid againſt him, becauſe hee ſaith that the place in which the Treſpaſſe aforeſaid was ſuppoſed to be done, is, and the ſaid time wherein, &c. was eight acres of Meadow in Shouley aforeſaid called Salmons Meade parcel of the Mannor of S. otherwiſe C. within which ſaid Mannor the ſame R. and all his anteceſſours, whoſe heire he is: And all others whoſe eſtate hee the ſaid R. now hath in the ſaid Mannor have had view of Franke Pledge, Wayfes, and Strayes within the ſame Mannor from time out of minde: And the ſame R. ſayes, that the aforeſaid two horſes before the ſaid time, wherein, &c. came within the Mannor of S. aforeſaid, and there remained before the ſaid time, wherein, &c. by the ſpace of one yeare, and one day as Strayes: And the aforeſaid R. made publicke Proclamation in the Market of the Village of St. Albans, and in divers Churches, and Markets being neer there, according to the laudable cuſtome of that Country uſed: And none came to claime the property of the ſaid two horſes within the aforeſaid one year, and one day: By which the ſame R. in the aforeſaid eight acres of Meadow ſeized and took the aforeſaid two horſes as his proper goods and chattels.

Traverſe the place of taking.Without that, that the ſame R. took thoſe two horſes within the Precinct of the aforeſaid Mannor of Shouley Berry in manner and form as the aforeſaid T. above againſt him complaineth: And this, &c. Whereupon he prayes judgement whether the aforeſaid T. ought to have his action aforeſaid againſt him, &c.

Iſſue upon the traverſe.AND the aforeſaid T. ſayes, that he by any thing before, &c. ought not to be debarred, &c. Becauſe he ſaith, that the aforeſaid R. took the aforeſaid two horſes within the Precinct of the aforeſaid Mannor of S. M. in manner and forme as the ſame T. above againſt him complaineth: And this he prayes may be enquired of by the Country: And the aforeſaid I. in like manner: Therefore the Jury is to come before our Lord the King &c.

AND the aforeſaid A: by G. T. his Attorney comes and defends the force and injury, when, &c. And ſayes,The Defendant pleads the property of the horſe in a ſtranger, who in publick Market fals to the Defendant. that the aforeſaid C. ought not to have his action aforeſaid againſt him, becauſe hee ſaith that before the property of the horſe aforeſaid was the aforeſaid C. the property of the ſame horſe did belong unto one B. And ſayes that the Towne of Dorton is and from the time out of minde was an ancient Burrough, within which ſaid Burrough there hath been, and from the whole time aforeſaid, was had a certaine Market on each Thurſday weekly: And ſayes that the aforeſaid B. of the aforeſaid horſe as of his proper horſe being poſſeſſed long before the time of the Treſpaſſe aforeſaid, ſuppoſed to be done (that is to ſay ſuch a day and year) at D. aforeſaid in full Market there for 6 l. to the aforeſaid B. in hand paid that horſe to him the ſaid A. hee ſold: And the ſame horſe to him the ſaid A. then and there delivered. By vertue of which ſaid ſale and delivery of that horſe as of his proper horſe was poſſeſſed, and as yet is: And the aforeſaid C. the horſe aforeſaid out of the poſſeſſion of him the ſaid B. took, and was thereof poſſeſſed untill the ſame A. the ſame horſe as his proper horſe at S. aforeſaid at the time of the Treſpaſſe aforeſaid, ſuppoſed to be made, out of the poſſeſſion of the aforeſaid B. by means of the ſale and delivery aforeſaid, he againe took, and led away, as it was lawfull for him to do: And this &c. Whereupon hee demands judgement, &c.

AND the aforeſaid C. ſayes, that he by any thing before alleadged,The Plaintiffe pleads the property in another ſtranger, who ſold to him, and traverſes the ſale made to the Defendant. ought not to be debarred from having his action aforeſaid againſt him, &c. becauſe by proteſtation, that the aforeſaid propriety of the horſe aforeſaid was never the aforeſaid B. for Plea he ſaith, that long before the time of the Treſpaſſe aforeſaid made, the propriety of the horſe aforeſaid, was one T.H. which ſaid T. of that horſe as of his proper horſe then being poſſeſſed, that horſe to him the ſaid C. long before the ſaid time wherein the Treſpaſſe aforeſaid was made, to wit (ſuch a day and yeare, and place, and County) for a 100 s. to him the ſaid T. in hand paid, ſold to him the ſaid C. the horſe aforeſaid: And that horſe to him the ſaid C. then and there delivered. By vertue of which ſaid ſale and delivery the ſame C. of that horſe as of his proper horſe was poſſeſſed untill the aforeſaid A. the horſe aforeſaid at S. aforeſaid at the time of the Treſpaſſe aforeſaid made by force and arms out of the poſſeſſion of him the ſaid C. he took and led away, as he by his aforeſaid Writ and declaration above againſt him complaineth.

Without that,A Traverſe of the ſale to the Defendant. that the aforeſaid B. the horſe aforeſaid to the aforeſaid A. at D. aforeſaid (the aforeſaid ſuch a day, and yeare) ſold, in manner and forme as the aforeſaid A. above alleadgeth: And this &c. Whereupon for that the aforeſaid A. the Treſpaſſe aforeſaid above acknowledgeth, hee prayes judgement, and his damages by occaſion of the Treſpaſſe, aforeſaid to be adjudged unto him, &c.

Iſſue upon the Traverſe.AND the aforeſaid A. ſayes, that the aforeſaid B. the horſe aforeſaid to the aforeſaid A. at D. aforeſaid (the day and year aforeſaid) ſold in manner and form as he above hath alleadged: And of this he puts himſelfe upon the Country, And the aforeſaid C. in like manner, &c. Therefore the Jury is to come, &c.

Inſtitutions in treſpaſſe for want of reparation of the hedges by the Plaintiffs. Trin. 22. Hen. 6. Rol. 89. AND the aforeſaid T. and I. by I.H. their Attorney come and defend the force and injury where, &c. And as to the coming by force and armes &c. not guilty: And as to the breaking of the cloſe aforeſaid; and the eating up, treading downe, and conſuming of the graſſe aforeſaid, the ſame T. and I. ſay, that the aforeſaid N. ought not to have his action aforeſaid againſt them, becauſe they ſay that they at the time of the Treſpaſſe aforeſaid ſuppoſed to be made, were, and are ſeized of a certain cloſe of paſture near adjoyning to the ſaid cloſe of the aforeſaid N. in which the graſſe aforeſaid grew in K. aforeſaid in their demeſne as of Fee. Between which ſaid cloſes there is a certaine hedge ſeparating each from other the aforeſaid cloſes: Which ſaid hedge the aforeſaid N. and all they whoſe eſtate the ſame N. hath in the cloſe aforeſaid, from time out of minde were accuſtomed to make, repaire and ſuſtaine; and ſay that that hedge for want of reparation, and ſuſtaining of the ſame, was at the time of the Treſpaſſe aforeſaid ſuppoſed to be made, broken downe, and laid proſtrate to the ground; and that the Cattell of them the ſaid T. and I. in their cloſe aforeſaid put to depaſture into the ſaid cloſe of the aforeſaid N. by the breach and decay of the ſaid hedge did enter againſt the will of them the ſaid T. and I. and the graſſe aforeſaid did eat up, tread downe, and conſume, the ſame T. and I. their Cattell aforeſaid freſhly purſuing into the ſaid cloſe of the ſaid N. by the breach and decay aforeſaid, did enter to drive backe their cattell into the ſaid cloſe of them the ſaid T. and I. and into that cloſe ſpeedily drove them, as it was lawfull for them to doe, which is the ſame Treſpaſſe, and breach of cloſe and feeding, treading downe, and conſuming the graſſe aforeſaid, whereof the aforeſaid N. above againſt them complaineth: And this they are ready to aver, &c. whereupon, &c.

The Defendants plead that the Vicar was ſeized in right of his Vicaridge, and juſtifie as his ſervants. Eſſex, AND the aforeſaid H.T.R. and VV. by T. G. their Attorney come and defend the force and injury when &c. And as to the coming by force and armes, as alſo the whole Treſpaſſe aforeſaid, beſides the breaking of the cloſe, and how aforeſaid, ſay that they are not guilty, &c. And as to the breaking of the cloſe and houſe aforeſaid, they the ſame H.R. and VV. ſay, that the aforeſaid C. ought not to have thereof his action aforeſaid againſt them, becauſe they ſay that the cloſe and houſe aforeſaid, and alſo the place in which it was ſuppoſed the ſame Treſpaſſe to be made,The form of pleading where the quantity of the cloſe is not aſcertained in the Declaration. was one houſe & acre of Land with the appurtenances in Eaſtham aforeſaid, which are, and the aforeſaid time wherein &c. were parcel of the Mannor of Eaſtham in the County aforeſaid, whereof before the ſaid time wherein, &c. one I.R. Vicar of the Church of Eaſtham aforeſaid, was ſeized in his demeſne, as of Fee, in right of his Vicaridge aforeſaid, by which the ſame H. R. and W. as the ſervants of him the ſaid I. R. and by his command the aforeſaid time wherein, &c. the cloſe and houſe aforeſaid, did break, as it was lawfull for them to doe: And this, &c. Whereupon they pray judgement whether the aforeſaid C. ought to have, or maintaine his action aforeſaid againſt them &c.

AND the aforeſaid Plaintiffe ſayes,The plaintiffe replies that the Vicar demiſed to him, &c. that he by any thing before pre-alleadged, ought not to be debarred from having his action aforeſaid againſt them of the breach of the cloſe and houſe aforeſaid, becauſe he ſaith that it is well and true that before the ſaid time of the Treſpaſſe aforeſaid made, the aforeſaid I.R. was ſeized of the aforeſaid houſe, and one 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 D • 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 dom • ſe &c. the aforeſaid Feoffee enfeoffed the Plaintiffe and others to the uſe of a ſtranger. that he by any thing before alleadged, ought not to be debarred from having his action aforeſaid againſt the aforeſaid Defendants, becauſe he ſayes, that before the aforeſaid time of the Treſpaſs aforeſaid made, the aforeſaid I.A. was ſeized of the Tenements aforeſaid with the appurtenances in his demeſne as of Fee, and ſo being thereof ſeized before the ſaid time wherein, &c. and before the aforeſaid foure and twentieth day of September in the year, &c. of the ſame Tenements with the appurtenances enfeoffed them the ſaid Plaintiffes, and one R. E. Knight, and W. L. to hold to them, and their heires for ever, to the uſe of one T. A. ſon and heir apparent of the aforeſaid I. A. and Mary the wife of him the ſaid T.A. and the heires of their bodies of them lawfully begotten. By vertue of which ſaid Feoffement they the ſaid Plaintiffes, and R. and W. were thereof ſeized in their demeſne as of Fee to the ſame uſe: And the ſaid Plaintiffes and R. and W. to that uſe being ſo thereof ſeized, the aforeſaid J.A. the aforeſaid foure and twentieth of September, in the eighteenth year aforeſaid, with the appurtenances to the aforeſaid R.W. To have, and to hold to him, and his aſſignes from the aforeſaid feaſt of St. Michael the Arch-angel from thence next following unto the end and terme aforeſaid: By vertue of which demiſe, hee the ſaid R. W. was thereof poſſeſſed; and ſo being thereof poſſeſſed the aforeſaid (ſuch a day, and year, and place) made his laſt Will and Teſtament in writing, and by the ſame willed and declared that the aforeſaid Elizabeth his wife immediatly after his deceaſe, ſhould have and enjoy his ſtate, terme and intereſt which he then had to come in the Tenements aforeſaid with the appurtenances; and after the ſame R.VV. dyed, after whoſe death the aforeſaid E. into the Tenements aforeſaid entred, and was thereof poſſeſſed; and ſo being thereof poſſeſſed afterwards, to wit, the aforeſaid tenth day of M. in ſuch a yeare aforeſaid, the ſame E. tooke to husband the aforeſaid Defendant: By which the ſame Defendant was of the Tenements aforeſaid, with the appurtenances poſſeſſed, as he above hath alleadged; and hee being ſo thereof poſſeſſed, the aforeſaid R.E. and VV.L. before the time wherein, &c. at London in the Pariſh, &c. dyed, after whoſe death the ſame Plaintiffes before the ſaid time wherein, &c. into the Tenements aforeſaid with their appurtenances, did re-enter, and were thereof ſeized in their demeſne as of fee to the uſe aforeſaid by right accruing, &c. And further the ſame Plaintiffes ſay that the Treſpaſſe aforeſaid, whereof they now complaine, was made in the Mid-time between the aforeſaid Feoffement by the aforeſaid I. A. to them the ſaid Plaintiffes, and the aforeſaid R.E. and VV.L. of the Tenements aforeſaid, with the appurtenances in forme aforeſaid made, and the ſaid Re-entry of them the ſaid Defendants in the ſame; and this, &c. VVhereupon for that the aforeſaid Defendants the Treſpaſſe aforeſaid in the Tenements aforeſaid above acknowledged, they the ſaid Plaintiffes pray judgement, and their damages by occaſion of that Treſpaſſe to bee adjudged unto them, &c.

The Defendant maintaines his Plea, and tracurſes the Feoffeoment.AND the aforeſaid Defendant ſayes, that before the ſaid time wherein the Treſpaſſe aforeſaid was ſuppoſed to be 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. to wit, the aforeſaid three and twentieth day of S. in the aforeſaid (ſuch a year) at S. aforeſaid demiſed the ſame Tenements with the appurtenances to the aforeſaid R.VV. to have and to hold to him the ſaid R.W. and his aſſignes from the aforeſaid feaſt of St. Michael the Archangel then next following, unto the end and terme aforeſaid: By vertue of which demiſe he the ſaid R.W. was thereof poſſeſſed; and ſo being thereof poſſeſſed, the aforeſaid (ſuch a day, year, and place) made his laſt Will and Teſtament; and by the ſame willed and declared, that the aforeſaid Elizabeth his wife immediately after the deceaſe of him the ſaid R.W. ſhould have his whole ſtate, terme and intereſt which he then had to come, of, and in the Tenements aforeſaid, with the appurtenances; and afterwards the ſame R.W. at S. aforeſaid dyed, after whoſe death, the aforeſaid Elizabeth was of the Tenements aforeſaid, with the appurtenances poſſeſſed; and ſo being thereof poſſeſſed before the ſaid time, wherein, &c. at S. aforeſaid took to husband the ſame Defendant; By which the ſame Defendant before the ſaid time wherein, &c. into the Tenements aforeſaid, with the appurtenances, did enter, and was thereof poſſeſſed as hee above hath alleadged.

Without that, that the aforeſaid I. A. before the (aforeſaid ſuch a day and year) enfeoffed the aforeſaid (Plaintiffes and others) of the Tenements aforeſaid with the appurtenances;The traverſe of the Feoffement. To hold to them and their heires for ever, to the uſe of the aforeſaid T.A. and M. and the heires of their bodies lawfully begotten, as the aforeſaid Plaintiffes above have alleadged: And this, &c. VVhereupon he prayes judgement: And that the aforeſaid Plaintiffes may be debarred from having their action aforeſaid againſt him, &c.

AND the aforeſaid Plaintiffes, as formerly,Iſſue upon the Traverſe. ſay that the aforeſaid I.A. before the aforeſaid foure and twentieth day of S. in the aforeſaid ſuch a yeare enfeoffed them the ſaid Plaintiffes, and the aforeſaid R.E. and W. of the Tenements aforeſaid, with the appurtenances, to hold to them, and their heires to the uſe of the aforeſaid T.A. and M. and the heires of their bodies lawfully begotten, as they above have alleadged: And this they pray may be enquired of by the Country: And the aforeſaid Defendants in like manner, &c. Therefore it is commanded the Sheriffe that he cauſe to come, &c.

AND the aforeſaid T.P. by R. F. his Attorney comes and defends the force and injury when,Iuſtification in Treſpaſſe for the taking of goods by pretext of gift from the Plaintiffe to the Defendants wife while ſhe was ſole. &c. And as to the coming by force and arms, &c. not guilty: And as to the reſidue, &c. the ſame T. (not acknowledging himſelfe to have taken and carried away ſo many goods or chattels, nor that the goods or chattels were of ſo much value as by the Writ and Declaration aforeſaid is ſuppoſed) ſaith that the aforeſaid I. E. ought not to have his action aforeſaid againſt him, becauſe he ſaith that the aforeſaid I. before the ſaid time wherein the Treſpaſſe aforeſaid is ſuppoſed to be made, to wit (ſuch a yeare, and place) gave to one A. the wife of the aforeſaid T. the goods and chattels aforeſaid, to hold to him, and his aſſignes for ever: By vertue of which ſaid gift, the ſame A. was thereof poſſeſſed, and afterwards tooke to husband the ſame Defendant: And that the aforeſaid A. was poſſeſſed of the goods and chattels aforeſaid at the time wherein the aforeſaid Defendant took her to wife: By which the ſame Defendant the goods and chattels aforeſaid as his own proper goods and chattels at the time wherein the Treſpaſſe aforeſaid, was ſuppoſed to bee done at R. there found, tooke, and carried away, as it was lawfull for him to doe: And this hee is ready to averre: Whereupon hee intendeth not any injury in that behalfe ſhould be aſſigned to his perſon &c.The Plaintiffe ſaid that the wife of the Defendant while ſhe was ſole give backe to him the goods

AND the aforeſaid Plaintiffe not acknowledging any thing by the aforeſaid Defendant before alleadged to be true ſayes, that he by any thing pre-alleadged ought not to be debarred from having his action aforeſaid againſt him, &c. becauſe he ſaith that before the aforeſaid time wherein, &c. there was certaine communication had between him the ſaid Plaintiffe, and the aforeſaid A. of Matrimony between them to be contracted: And thereupon the aforeſaid A. him the ſaid Plaintiffe treated with ſuch flattering and diſſembling ſpeeches, that the ſame Plaintiffe beleeving that ſhe would give her conſent to ſuch Matrimony; The goods and chattels aforeſaid to her the ſaid A. (the aforeſaid day year and place) did give: And afterwards the aforeſaid A. turning her heart from the aforeſaid Plaintiffe on the aforeſaid Defendant to have him for her husband, after the gift aforeſaid, the aforeſaid A. coming to the Village of R. aforeſaid (ſuch a day and yeare) the goods and chattels aforeſaid to him the ſaid Plaintiffe then and there gave backe againe what time the aforeſaid A. was ſole: By pretext whereof the ſame Plaintiffe was thereof poſſeſſed until the aforeſaid Defendant by force and armes, the goods and chattels aforeſaid at R. found, took, and carried away, againſt the peace of our Lord the King, that now is, and the ſame Plaintiffe above againſt him complaineth: And this &c. Whereupon for that the aforeſaid Defendant above acknowledgeth the Treſpaſſe aforeſaid, he prayes judgement, and his damages by occaſion of that Treſpaſſe to bee adjudged unto him, &c.

Iſſue upon the giving back of the goods.AND the aforeſaid Defendant not acknowledging any thing by the aforeſaid Plaintiffe before alleadged to be true, ſayes, that the aforeſaid A. after the Gift aforeſaid to her by the aforeſaid Plaintiffe of the goods and chattels made, did not give backe againe the aforeſaid goods and chattels to him the aforeſaid Plaintiffe, as the ſame Plaintiffe above hath alleadged: And of this hee puts himſelfe upon the Country, &c. And the aforeſaid Plaintiffe in like manner, &c.

The Defendant juſtifies for that the goods were pawned to the Plaintiffe, and be pawned them to another, who delivered them to the Defendant to be ſafely kept, and to whom the Defendant afterwards the ſame re-delivered.AND the aforeſaid W.B. by I.C. his Attorney comes and defends the force and injury when, &c. And as to the coming by force and armes, as alſo the whole Treſpaſſe aforeſaid, beſides the taking, and carrying away of one bolle of Gold, and one bolle of Silver and gilt, and one cup of Gold, ſayes, that in nothing thereof guilty &c. And as to the taking and carrying away of the aforeſaid one bolle of Gold, one bolle of Silver and gilt, and one cup of Gold the ſame Defendant not acknowledging theſe goods and chattels to have been of ſuch value as by the Declaration aforeſaid is ſuppoſed, ſayes, that the aforeſaid W.C. ought not to have his action, &c. becauſe he ſaith, that one R.C. was Proprietor of theſe goods, and in the poſſeſſion of them long before the aforeſaid Plaintiffes had any thing in them; And ſo being Proprietor, and poſſeſſed (ſuch a day, yeare and place) pawned to the aforeſaid Plaintiffe, thoſe goods and chattels for forty Marks of him the ſaid Plaintiffe by him the ſaid R.C. of loan received, under ſuch a condition, that if the aforeſaid R. C. ſhould pay to the ſaid plaintiffe the aforeſaid forty Marks before the feaſt of the Birth of our Lord then next following; Then he the ſaid Plaintiffe ſhould re-deliver to the aforeſaid W. thoſe goods and chattels; otherwiſe he ſhould keep them ſafe, until he ſhould be fully ſatisfied, and paid the aforeſaid forty Marks: By vertue of which ſaid pawnings the ſaid Plaintiffe was poſſeſſed of theſe goods and chattels under the condition aforeſaid: And ſo being thereof poſſeſſed, the ſame goods and chattels further pawned to one W. G. for other forty Marks of him the ſaid W. by him the ſaid Plaintiffe of loan received under ſuch condition that the aforeſaid W.G. thoſe goods and chattels to them the aforeſaid R.C.W.C. who ſhould pay, and deliver thoſe forty Marks to him the ſaid W.G. ſhould re-deliver; and ſayes that theſe forty Marks to the aforeſaid W.G. at the time when the Treſpaſſe aforeſaid was ſuppoſed to be made, were not paid; and fearing, and ſuppoſing the ſame goods and chattels could not be kept ſecure in the houſe of him the ſaid VV.G. the ſame goods and chattels before the aforeſaid feaſt of the Birth of our Lord at C. aforeſaid delivered to him the ſaid Defendant to be ſafely kept: And to him the ſaid VV.G. when he ſhould bee thereunto required to bee re-delivered; and ſayes, that he contemned the keeping of thoſe goods, knowing them to be his by wicked profit; and being unwilling for that cauſe to keep them any longer, the ſame goods and chattels at the time when the Treſpaſſe aforeſaid was above ſuppoſed to bee made, from a certaine cheſt, where in his houſe at C. aforeſaid they lay, hee took; and to the houſe of the aforeſaid VV. G. in the ſame Village he carried; and the ſame to him the ſaid VV.G. then and there delivered; which ſaid taking and carrying of the goods and chattels aforeſaid by the cauſe aforeſaid, are the ſame taking and carrying away of the aforeſaid goods and chattels, of which the aforeſaid Plaintiffe above now complaineth: And this, &c. VVhereupon he prayes judgement, whether the Plaintiffe ought to have, or maintaine his action aforeſaid againſt him, &c.The Plaintiffe pleads that I.C. pawned the goods unto him, and payed not the ſumme for which they were pawned, and traverſes that ſhe pawned them in mannor and forme, &c.

AND the aforeſaid Plaintiffe not acknowledging any thing by the aforeſaid Defendant before alleadged to be true, ſayes, that hee by any thing afore alleadged, ought not to bee debarred from having his action aforeſaid againſt him, for the aforeſaid taking and carrying away the aforeſaid goods and chattels, which the aforeſaid Defendant above acknowledgeth, becauſe he ſaith that the aforeſaid R.G. the aforeſaid (ſuch a day and yeare) at C. aforeſaid pawned to him the ſaid Plaintiffe theſe goods and chattels for forty Marks of him the ſaid Plaintiffe, by him the ſaid R. of loan received, under ſuch condition that if the ſame R. ſhould pay to him the ſaid Plaintiffe theſe forty Markes before the feaſt of the birth of our Lord then next following, then the ſame goods and chattels to him the ſaid R. ſhould be delivered, otherwiſe to the ſame Plaintiffe they ſhould remaine as his proper goods and chattels to him by the aforeſaid R. ſold for the aforeſaid forty Marks, and ſayes that the aforeſaid R. paid not to him the ſaid Plaintiffe the aforeſaid forty Marks before the aforeſaid feaſt of the birth of our Lord: By which the ſame goods and chattels, the taking and carrying away whereof, the aforeſaid Defendant above acknowledgeth to him the ſaid Plaintiffe as his proper goods and chattels did remaine: And the aforeſaid Defendant, the aforeſaid time wherein the Treſpaſſe aforeſaid was ſuppoſed to be done, by force and armes of his proper injury the ſame goods and chattels at C. found, took, and carried away, as the ſame Plaintiffe above againſt him complaineth.

Traverſe.Without that, that the ſame Plaintiffe pawned to the aforeſaid W.G. theſe goods and chattels for forty Marks, as the aforeſaid Defendant above alleadgeth: And this, &c. Whereupon for that the aforeſaid Defendant above acknowledgeth the taking and carrying away of the goods and chattels aforeſaid, he prayes judgement, and damages by occaſion of the Treſpaſſe aforeſaid to be adjudged unto him, &c.

Iſſue upon the Traverſe.AND the aforeſaid Defendant ſayes, that the aforeſaid Plaintiffe pawned to the aforeſaid W. G. the aforeſaid goods and chattels, the taking and carrying away whereof the ſame Defendant above acknowledgeth for forty Marks as the ſame Defendant hath above alleadged: And of this he puts himſelfe upon the Country: And the aforeſaid Plaintiffe in like manner, &c.

Juſtification in Treſpaſſe for killing Hogs and Sheep, as the ſervant of the Plaintiffe being a Butcher.AND the aforeſaid T. by W.T. his Attorney comes and defends the force and injury when, &c. and as to the coming by force and armes, and whatſoever is againſt the peace, &c. beſides the killing of the Hogs and Sheep aforeſaid, ſayes, that he is not guilty: And as to the reſidue of the Treſpaſſe aforeſaid above ſuppoſed to bee done, the ſame Defendant ſayes, that the aforeſaid Plaintiffe ought not to have his action aforeſaid againſt him, becauſe he ſaith, that hee all the time of that Treſpaſſe ſuppoſed to be made, and long before, was ſervant of the aforeſaid Plaintiffe to ſerve him in the ſervice of a Butcher: And that the ſame Plaintiffe, before the time of the Treſpaſſe aforeſaid, ſuppoſed to be made at B. aforeſaid commanded him the ſaid Defendant then his ſervant in form aforeſaid the Hogs and Sheep aforeſaid, the ſaid time wherin &c. as beſt conduced with his, and of a Butcher to kill, and the fleſh thereof to put to ſale: By which the ſame Defendant the Hogs and Sheep aforeſaid, the aforeſaid time wherein, &c. as beſt conduced to his art of a Butcher, he did kill, as it was lawfull for him to doe: And this, &c. Whereupon he prayes judgement whether the aforeſaid Plaintiffe ought to have his action aforeſaid againſt him, &c.

AND the aforeſaid Plaintiffe ſayes, that he by any thing by the aforeſaid Defendant before alleadged, ought not to be debarred from having his action aforeſaid againſt him, becauſe hee ſaith the aforeſaid Defendant maliciouſly of his proper injury, the Hogs and Sheep aforeſaid the ſaid time wherein, &c. he killed.

Without that,Traverſe. that the ſame Plaintiffe commanded him the ſaid Defendant to kill the Hogs and Sheep aforeſaid in the forme wherein the ſame Defendant above by pleadings hath alleadged: And this, &c. Whereupon for that the aforeſaid Defendant above acknowledgeth the Treſpaſſe aforeſaid, he prayeth judgement, and his damages by occaſion of that Treſpaſſe to be adjudged unto him, &c.

AND the aforeſaid Defendant ſayes,Iſſue upon the Traverſe. that the aforeſaid Plaintiffe commanded him the ſaid Defendant to kill the Hogs and Sheep aforeſaid in the form wherein he the ſaid Defendant above by pleading hath alleadged: And of this hee puts himſelfe upon the Country: And the aforeſaid Plaintiffe in like manner, &c. Therefore as well, &c.

AND the aforeſaid W. by I. R. his Attorney comes and defends the force and injury when, &c.Iuſtification in a Treſpaſſe for a horſe or foot way leading from one Village to another. And as to the coming by force and armes, and whatſoever, &c. and the whole Treſpaſſe aforeſaid, beſides the breaking of the Parke aforeſaid, • yes, that he is in nothing thereof guilty. &c. And as to the breaking of the Parke aforeſaid, the ſame Defendant ſayes, that the aforeſaid Plaintiffe ought not to have his action aforeſaid againſt him, becauſe he ſaith that within the Parke aforeſaid, there hath been had, and time out of minde there was had a certain common high-way leading from the Village of A. unto the ſaid Village of B. in the ſame County by the middle of the Park aforeſaid for all men from the ſame Village of A. unto the ſame Village of B. by the ſame way for the ſame whole time willing to ride or walke, by pretext whereof the ſame Defendant, the ſaid time wherein, &c. by the ſame common way within the Parke aforeſaid, did ride from the ſame Village of A. unto the aforeſaid Village of B. which ſaid riding within the Parke aforeſaid, is the ſame breaking of the Park aforeſaid, whereof the aforeſaid Plaintiffe above now complaineth: And this, &c. VVhereupon, &c.

The Plaintiffe replyes that hee did it of his proper injury.AND the aforeſaid Plaintiffe ſayes, that he by any thing before prealledged ought not to be debarred from having his action aforeſaid, againſt the aforeſaid Defendant for the breach of the Park aforeſaid; becauſe he ſaith that the aforeſaid Defendant, the aforeſaid time wherein, &c. by force and arms of his own proper injury broke the Park aforeſaid.

Traverſe the preſcription.VVithout that, that there is had, or time out of minde there was had ſuch a common high-way leading by the middle of the Parke aforeſaid, as the aforeſaid Defendant above by pleading hath alleadged: And this &c. VVhereupon for this, &c. he prayes judgement, and his damages, &c. to be adjudged unto him, &c.

Iſſue upon the Traverſe.AND the aforeſaid Defendant ſayes, that there is had, and from the time out of minde there hath been had ſuch a common high-way leading by the middle of the Parke aforeſaid, as hee the ſame Defendant above by pleading hath alleadged: And of this he puts himſelfe upon the Country, and the aforeſaid Plaintiffe in like manner; Therefore the Jury thereupon is to come, &c.

Iuſtification in Treſpaſſe by licenſe.AND the aforeſaid I. by I.R. his Attorney comes and defends the force and injury when, &c. And as to the coming by force and armes, or any thing, &c. as alſo the whole Treſpaſſe, beſides the breaking of the houſe aforeſaid, ſayes, that he is not guilty, &c. And as to the Treſpaſſe aforeſaid of breaking the houſe aforeſaid above ſuppoſed to be done, the ſame Defendant ſayes, that the aforeſaid Plaintiffe ought not to have his action aforeſaid thereupon againſt him, becauſe he ſaith that the ſame Plaintiffe long before the ſame time wherein, &c. at Weſtminſter in the County of Middleſex licenſed him the ſaid I. to enter into the houſe aforeſaid: By which the ſame Plaintiffe long before the ſaid time, wherein, &c. at Weſtminſter in the County aforeſaid, finding the doors of the houſe open, he peaceably entred that houſe as it was lawfull for him to doe, which is the ſame breaking of the ſame houſe whereof the aforeſaid Plaintiffe above againſt him complaineth: And this he is ready to aver: VVhereupon hee demands judgement whether the aforeſaid Plaintiffe ought to have his action againſt him, &c.

The Plaintiffe replies that hee did it of his proper injury, •• ll traverſes the Licenſe.AND the aforeſaid Plaintiffe ſayes, that he by any thing pre-alledged, ought not to bee debarred from having his action aforeſaid of the breach of the houſe aforeſaid, againſt the aforeſaid Defendant; becauſe he ſaith that the ſame Defendant of his owne proper injury the ſaid time wherein &c. by force and armes aforeſaid the houſe aforeſaid, he did in manner and form as the ſame Plaintiffe above againſt him complaineth.

Without that that the ſame Plaintiffe licenſed the aforeſaid Defendant to enter the houſe aforeſaid,Traverſe. as the ſame Defendant above by pleading hath alledged; And this &c. Whereupon for that the ſame Defendant the Treſpaſſe aforeſaid above acknowledgeth, he prayeth judgement, and his Damages by occaſion of that Treſpaſſe, to be adjudged unto him, &c.

AND the aforeſaid Defendant, as formerly ſaith,Iſſue upon the Traverſe. that the aforeſaid Plaintiffe licenſed him the ſaid Defendant to enter into the houſe aforeſaid in the forme wherein he the Defendant above by pleading hath alleadged: And of this he puts himſelfe upon the Country. And the aforeſaid Plaintiffe in like manner &c. Therefore the Jury is to come between them, &c.

AND the aforeſaid R.P. and I.R. by L.S. their Attorney come and defend the force and injury when, &c.Iuſtification for that the Plaintiffe was ſuſpected for a Fel •• And as to the coming by force and armes, and whatſoever which is againſt the peace of our Lord the King that now is, as alſo the Treſpaſſe aforeſaid of woundings ſuppoſed to be made, ſayes, that he is in nothing thereof guilty: And as to the reſidue of the Treſpaſſe aforeſaid, above ſuppoſed to be done, the ſame R. and I. ſay, that the aforeſaid W. ought not to have his action aforeſaid againſt them, becauſe they ſay that long before the ſaid time wherein the treſpaſſe aforeſaid was ſuppoſed to be made, to wit, the tenth day of January, in the eighth yeare of the reigne of our Lord the King that now is, one I.S. at Norwich aforeſaid, in his houſe there was feloniouſly ſpoiled and robbed of two ſilver Spoons to the value of 10 s. And that the aforeſaid W. divers daies and times before the felony aforeſaid made, frequented the houſe of him the ſaid I.S. aforeſaid ſuſpiciouſly without any reaſonable cauſe there to be had; And that the aforeſaid W. R. the ſaid time of the felony aforeſaid done, was in the houſe of the aforeſaid I.S. by which the ſame R. and I.R. had ſuſpicion the aforeſaid W.R. to have committed the felony aforeſaid. And that the aforeſaid R. and I.R. the ſame time wherein &c. being then Sheriffes of the City aforeſaid, ſoftly laid their hands upon him the ſaid W.R. the ſame time wherein &c. And the ſame W. R. for ſuſpicion of the Felony aforeſaid the ſame time wherein &c. they tooke, and him the ſaid W. to the Goale of our Lord the King within the City aforeſaid, there to be ſafely kept for the ſame Felony the ſaid time wherein &c. they lead and impriſoned as it was lawfull for them to doe, which ſaid ſoftly laying on of their hands of them the ſaid R. and I.R. upon the aforeſaid W.R. and the taking of him the ſaid W. R. and the leading and impriſoning of him out of the cauſe aforeſaid, are the ſame aſſault, beating, and impriſonment whereof the aforeſaid W.R. above complaineth. And this they are ready to aver, whereupon they pray judgement, whether the aforeſaid W.R. ought to have his action aforeſaid againſt them &c.

AND the aforeſaid Plaintiffe ſayes, that he by any thing before alledged ought not to be debarred from having his action aforeſaid againſt them, becauſe he ſaith that the aforeſaid R. and I. R the day and yeare aforeſaid of his own proper injury by force and armes, without any ſuch cauſe by them the ſaid R. and I.R. above by pleading alleadged on him the ſaid W.R. at Norwich aforeſaid they made an aſſault and him did beate, wound, impriſon, and evill intreate in the manner and forme as the aforeſaid W.R. above againſt them complaineth. And this he prayeth may be enquired of by the Country &c.

Iuſtification upon impriſonment and aſſault, by vertue of a Warrant of the Peace. Mich. 8. Hen. 8. Rolle 77. Staff. ſſ. AND the aforeſaid H.W. by W.F. his Attorney comes and defends the force and injury when &c. and as to the coming by force and armes or whatſoever is againſt the peace &c. not guilty, and as to the reſidue of the Treſpaſſe aforeſaid, above ſuppoſed to be done, the ſame H. ſayes that the aforeſaid R. ought not to have his action aforeſaid againſt him, becauſe he ſaith that long before the ſaid time, wherein the treſpaſſe aforeſaid was ſuppoſed to be done on I.W. at Stafford in the County aforeſaid came before R W. then one of the Juſtices of the Peace of our Lord the King, aſſigned in the County aforeſaid to be kept, and there tooke his corporall oath, that he grievouſly and manifeſtly went in danger of his life, and maiming of his members by the aforeſaid R.C. By which he the ſame I.W. long before the ſaid time wherein &c. at Stafford aforeſaid, at the Petition of the aforeſaid I.W. directed a certaine precept of our Lord the King to the aforeſaid H. W. then being Bailiffe of R. and to the Conſtable of R. aforeſaid: and to either of them joyntly and divided commanding them, by that precept, that they cauſe to come the aforeſaid R. C. before the aforeſaid R. W. or one of his Companions, Juſtices of the peace of our Lord the King in the County aforeſaid, to find ſufficient ſecurity of the peace of our Lord the King, towards the Lord the King and all his people, and cheifly againſt the aforeſaid H.W. to be given: And if the ſame R.C. ſhould refuſe to doe this, then the ſame H. and the aforeſaid Conſtable the ſame R.C. unto the next Goale of our Lord the King in the County aforeſaid ſhould cauſe to bee led, or one of them ſhould cauſe to be led, there to ſtay untill he would freely doe this. By reaſon of which precept the aforeſaid H.W. before the ſaid time, wherein &c. did repair to the aforeſaid R.C. at R. aforeſaid, and ſhewed to the aforeſaid R.C. there the precept aforeſaid, then and there further requiring the ſame R. to find before the ſaid R.W. or one of his companions, Juſtices of the peace of our Lord the King in the County aforeſaid then being, to find ſecurity for bearing the peace of our Lord the King in form aforeſaid, and the ſame R. this to do then at R. aforeſaid, upon which the ſame A.W. him the ſaid R. then and there the ſaid time wherein, &c. arreſted, and him in bringing towards the priſon of our Lord the King at the Caſtle of Stafford in the County aforeſaid, impriſoned by the time aforeſaid, and his hands upon him the ſaid R. in that arreſting and leading did ſoftly lay, as it was lawful for him to do; which ſaid arreſt and leading to the priſon aforeſaid, and laying hands upon him the ſaid H. are the ſame taking impriſoning and ill handling, whereof the aforeſaid R. above complaines. And this &c. whereupon he prayes judgement whether the action &c.

AND the aforeſaid R. ſaies that he by any thing before alleadged ought not to be debarred from having his action aforeſaid againſt the ſaid H. W. Becauſe by proteſtation not acknowledging any thing by the aforeſaid H. above alleadged to be true, for plea he ſaith,The Plaintiffe replies that he offered ſecurity. that he before the time of the Treſpaſſe aforeſaid made, and the time wherein &c. offered the aforeſaid H. to finde ſufficient ſecurity before T. Partridge, then one of the Juſtices of the peace of our Lord the King, for the ſame County aſſigned to be kept according to the form of the aforeſaid precept by the ſaid I.W. to him directed, which to doe the ſame H. refuſed.

Without that that the ſame R.C. refuſed to come before the Juſtices of the Peace in manner and form as the aforeſaid H. hath above alleadged:Traverſe the denying to come before the Iuſtices. And this &c. whereupon for that the aforeſaid H. the Treſpaſſe aforeſaid above acknowledgeth, he prayeth judgement, and his damages by that occaſion, to be adjudged unto him, &c.

AND the aforeſaid H ſayes,Iſſue upon the Traverſe. that the aforeſaid R. refuſed to come before the Juſtices of our Lord the King, to find ſufficient ſecurity in manner and forme as the ſame H. above hath alleadged; and of this he puts himſelfe upon the Country. And the aforeſaid R.C. in like manner &c.

Juſtification by vertue of a common Watch according to the forme of the Statute of Wincheſter. AND the aforeſaid G. by I.W. his Attorney comes and defends the force and injury when, &c. And as to the comming by force and armes, and whatſoever is againſt the peace of our Lord the King, as alſo the whole Treſpaſſe aforeſaid, beſides the aſſault and impriſonment above ſuppoſed to be made, ſayes, that hee is not guilty, &c. And as to the aſſault and impriſonment ſuppoſed to be made, the ſame G. ſayes, that the aforeſaid T. ought not thereupon to have his action aforeſaid againſt him, becauſe he ſaith that in the Statute in the Parliament of Edward the firſt, late King of England, Progenitor of our Lord the King that now is at Wincheſter in the thirtieth yeare of his Reigne held, publiſhed amongſt other things; It was ordained and eſtabliſhed that watches ſhould be made, as more anciently they were wont to be, that is to ſay, from the day of the Aſcenſion of our Lord unto the feaſt of St. Michael the Arch-angel, that is to ſay, in each City by ſix men at each Gate of the ſame; and in every Town by twelve men, and in every entire Village by ſix or foure men, according to the number of the people inhabiting in them. And that the Watches ſhould be kept by the whole night from the Sun-ſet, to the riſing of the Sun, ſo that if any ſtranger ſhould make his journey through them, he ſhould be arreſted until the morning following: And if no ſuſpicion ſhould be then found of him, that then hee ſhould from thence goe quit, as in the ſame Statute more fully is contained: And further, the ſame G. ſayes, that he at the time of the Treſpaſſe aforeſaid above ſuppoſed to be made, was dwelling in the ſaid Village of W. together with other the inhabitants his neighbours about him in the ſame Village, were aſſigned to keep the Watches there, and ſayes, that the aforeſaid T. the time of the Treſpaſſe aforeſaid, ſuppoſed to be made, to wit (ſuch a day, year, and place) came ſuſpiciouſly to the Village aforeſaid after Sun-ſet, and before the riſing of the ſame, that is to ſay, about the houre of eleven in the ſame night: By which the ſame G. then came to the aforeſaid T. and him at the ſame time wherein &c. he arreſted and detained him with him untill the morning following, and compelled him to ſtay there, according to the forme of the Statute aforeſaid, as it was lawfull for him to doe; which ſaid coming unto, and detention by the cauſe aforeſaid, in form aforeſaid, is the ſame aſſault and impriſonment whereof the aforeſaid T. above now complaineth: And this he is ready to aver: VVhereupon he prayes judgement whether the aforeſaid Plaintiffe ought to have his action aforeſaid againſt him, &c.

Middleſex AND the aforeſaid C. Crips, Iuſtification by a Conſtable for taking a Where: Mich. 2. Hen. 8. Rot. 103. and E. by T.R. their Attorney come and defend the force and injury when, &c. And as to the coming by force and armes: And whatſoever which is againſt the peace, &c. as alſo the whole Treſpaſſe aforeſaid beſides the aſſault, beating, evill handling, and impriſonment by the ſpace aforeſaid ſuppoſed to be made, the ſame C. and E. ſay that they are in nothing thereof guilty, &c. And as to the aſſault, beating, evill handling, and impriſonment the ſame E. and C. ſay, that the aforeſaid M. ought not to have her action aforeſaid againſt them, becauſe they ſay that the aforeſaid M. long before the ſaid time of the Treſpaſſe, aforeſaid ſuppoſed to be made, was a publick notorious and common Whore, and had carnall knowledge with many, and divers common men unknowne to him the ſaid C. at many and divers times: And the ſame C. and E. ſay, that at the time wherein the Treſpaſſe aforeſaid was ſuppoſed to be made, and long before the ſame C. was Conſtable of our Lord the King in the aforeſaid Pariſh of St. Andrews, and that before the ſaid time of the Treſpaſſe aforeſaid ſuppoſed to bee done, was given to underſtand by certaine of his neighbours, very carefull of keeping the peace of our Lord the King, and willing to avoid ill government, he being then Conſtable of our Lord the King, as aforeſaid, that the aforeſaid M. at the aforeſaid Pariſh of St. Andrews then lay and lodged in bed with a certaine man unknowne to the ſame neighbours; and alſo that divers looſe men and vagabonds, and very many unknowne perſons made many brawlings, ſcoldings, cryings out & uproars there between themſelves, and ſtrove together which of them ſhould firſt have the carnall knowledge of her the ſaid M. and ſhould then uſe her as their Whore By reaſon of which information, he the ſaid C. then there being Conſtable, as he was by oath bound, for the preſervation of the peace of our Lord the King, and the avoyding of the premiſes, and the ill government aforeſaid, repaired to a place in the Pariſh aforeſaid, where then the aforeſaid M. and other the men, vagabonds aforeſaid, then were ſuppoſed to be, as to ſee if the ſame M. and the reſt of the aforeſaid men vagabonds behaved themſelves there as hee was given to underſtand the aforeſaid time, wherein the Treſpaſſe aforeſaid was ſuppoſed to be done: And the aforeſaid Vagabonds perceiving afarre off the coming of him the ſaid C. then being Conſtable, before he could approach unto them they fled away; ſo that the ſaid C. could not arreſt them, but the aforeſaid M. with a certain man, to whom unknown in bed there (the aforeſaid time wherein the Treſpaſſe aforeſaid was ſuppoſed to be done) he found lying like a whore at the Pariſh aforeſaid: And becauſe the ſame M. behaved her ſelfe then, and ſometimes before ſo evilly, and for that cauſe very many evill perſons and diſturbers of the peace of our Lord the King there, had often diſturbed the Conſtable, and very many of the neighbours there: And ſhe the ſaid M. although oftentimes thereupon then, and before to deſiſt from the premiſes by him the ſaid Conſtable had been required, would not reforme, or juſtifie herſelf thereupon, neither by the law of God, nor the King by which the ſame C. then being Conſtable of our Lord the King, and the aforeſaid E. with the ſame C. her husband by his command coming to his help, their hands upon the aforeſaid M. there ſo lodging in bed with the aforeſaid unknowne man ſoftly laid hand on, and took her from that bed, and her the ſaid M. as well for her puniſhment, as to the terrour of other the like whores; whereas by the conſideration and diſtinction of him the ſaid C. then, and there in the Stocks according to the Law of the Land, they put, and kept by the ſpace aforeſaid, as it was lawfull for them to doe: which ſaid laying on of their hands of them the ſaid C. and E. on the aforeſaid M. and the taking out of the bed aforeſaid, as alſo the putting into the Stocks of the ſaid M. are the aforeſaid aſſault, beating, evill handling, and impriſonment, whereof the aforeſaid M. by her bill above againſt them complaineth: And this they are ready to aver: whereupon they pray judgement, whether the aforeſaid M. ought to have or maintaine her action aforeſaid in this behalfe againſt them, &c.

The Plaintiffe replies that it was done of their proper injury without any ſuch cauſe.AND the aforeſaid M. ſayes, that ſhee by any thing before pre-alledged, ought not to be debarred from having her action aforeſaid againſt them the ſaid C. and E. of the aforeſaid aſſault, beating, evill handling, and impriſonment, becauſe ſhe ſaith, that the aforeſaid C. and E. the day and yeare above written by force and armes aforeſaid, of their proper injury without ſuch cauſe by them the ſaid C. and E. above alleadged on her the ſaid M. at the aforeſaid Pariſh of St. Andrews, they made an aſſault, and ſo did wound, evill intreat, and impriſon by the ſpace aforeſaid in manner and forme as ſhee the ſame M. above againſt them complaineth: And this ſhee prayes may be enquired of by the Country: And the aforeſaid C. and E. in like manner, &c.

Iuſtification of an impriſonment by vertue of the Statute of Vagrants and Vagabonds of Rich. the ſecond the 7. year of his reign Hil. 34. Hen. 8. Rolle 60. AND the aforeſaid I.H. in his proper perſon comes and defends the force and injury when &c. And as to the coming by force and armes as alſo the whole Treſpaſſe aforeſaid, beſides the Impriſonment of the aforeſaid R.S. the ſame I. H. ſayes that he is not guilty &c. And as to the Impriſonment of the aforeſaid R. the ſame I. H. ſayes that the aforeſaid R. ought not thereupon to have his action aforeſaid againſt him, becauſe he ſaith that by the Statute of the Lord the King Richard the ſecond, late King of England, at Weſtminſter in the ſeventh yeare of his reigne, by authority of the ſame Parliament, amongſt other things it was Enacted, that all and ſingular Bailiffes of Liberties, Conſtables and other Officers of Villages where Vagrants and Vagabonds frequent, ſhould have power diligently to examine them, and of compelling them to finde ſufficient pledges by ſufficient manucaptors for their good behaviours; And that if default be made in thoſe Vagrants and Vagabonds, and that they cannot finde pledges, that then it ſhall be very lawfull for the aforeſaid Bailiffes of Liberties, Conſtables and other Officers of Villages the ſame Vagrants and Vagabonds to commit to the next Goale of our Lord the King within the County aforeſaid, where ſuch Vagrants and Vagabonds frequent, there to remain til the coming of the Juſtices of our Lord the King for the Goal Delivery within that County where ſuch Vagrants and Vagabonds are impriſoned; and that the ſame Juſtices ſhall doe with theſe Vagrants and Vagabonds, as to them ſhall ſeem expedient; And the ſame I. ſayes that he, at the aforeſaid time of the Impriſonment aforeſaid above ſuppoſed to be made, was Bayliffe of our Lord the King of St. Edmonds Bury aforeſaid. And for that that the ſame I. the aforeſaid time of the impriſonment aforeſaid, above ſuppoſed to be made, found the ſame R. a Vagrant and Vagabond at, and within the Village of St. Edmonds Bury frequenting; The ſame I. being then Bayliffe of the Liberty aforeſaid, according to the forme of the Statute aforeſaid, the aforeſaid R. then and there did diligently examine; And as well for that upon the examination of the aforeſaid R. it did ſufficiently appear to him the ſaid I. the ſaid R. to be a Vagrant and Vagabond, as for that that the ſame R. the ſame time wherein &c. could not finde pledges, and ſufficient Manucaptors for his good behaviour according to the forme of the Statute aforeſaid; The ſame I. as Bayliffe of our Lord the King of the Liberty aforeſaid according to the form of that Statute the aforeſaid R. the aforeſaid time wherein &c. to the aforeſaid Goale of our Lord the King of St. Edmunds Bury aforeſaid, he did commit there to remaine untill &c. which ſaid Goale is the next Goale of our Lord the King, near the aforeſaid Village of St. Edmunds Bury aforeſaid, which is the ſame Impriſonment of the aforeſaid R. whereof the ſame R. above now complaineth; And this he is ready to aver, whereupon he prayes judgement whether the aforeſaid R. ought to have his action aforeſaid in this behalfe againſt him, &c.

The Plaintiffe ſayes that he dwels in the County of W. his Trade there exerciſing.AND the aforeſaid R. ſayes that he by any thing before alleadged ought not to be debarred from having his action aforeſaid againſt the aforeſaid I. becauſe he ſaith, that he the aforeſaid time of the impriſonment aforeſaid above made, was dwelling, converſant and Inhabiting at W. in the County aforeſaid, daily exerciſing the art called a Taylors craft.

Traverſes the being a Vagrant.Without that, that the ſame R. the aforeſaid time of the Impriſonment aforeſaid above made was a Vagrant and Vagabond in manner and forme wherein the ſame I. in his bar by pleading above hath alleadged: And this he is ready to averre, whereupon for that 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 inquired of by the Country: And the aforeſaid T. and A. for the aforeſaid A. in like manner, &c.

One Defendant pleades for aſſault demeſne, and the other juſtifies as parting a Pray.AND the aforeſaid T. and R. by W. H. their Attorney come and defend the force and injury, when, &c. And as to the coming by force and armes, as alſo the whole Treſpaſſe aforeſaid, beſides the aſſault, beating, and evill handling aforeſaid, ſay, that they are in nothing thereof guilty: And as to the aſſault, beating, and evill handling, the ſame T. & R. ſay, that the aforeſaid Plaintiffe ought not thereupon to have his action aforeſaid againſt them, becauſe the ſame T. ſayes, that the aforeſaid Plaintiffe the day and yeare aforeſaid at A. aforeſaid on him the ſaid T. made an aſſault, and him then, and there would have beat, wound, and evill handle: By which the ſame T. himſelfe againſt the aforeſaid A. then, and there did defend: And the evill, if any to him the ſaid A. then, and there happened: That was of the proper aſſault of him the ſaid A. and in the defence of him the ſaid T. And the aforeſaid R. ſayes, that for that, that the aforeſaid A. the day and yeare aforeſaid at A. aforeſaid on the aforeſaid T. made aſſault, and him would have beat, wound, and evill handle, by which the ſame R. being then and there perſonally preſent for the preſervation of the peace of our Lord the King, leſt one of them the ſaid A. and T. ſhould doe any corporall hurt each to the other, he ſoftly laid his hands as well upon the aforeſaid A. as upon the aforeſaid T. to ſeparate them from being together: Which ſaid laying on of his hands out of the cauſe aforeſaid, is the ſame aſſault, beating, and evill handling, whereof the aforeſaid Plaintiffe above now complaineth: And this they are ſeverally ready to aver: Whereupon they pray judgement whether the aforeſaid Plaintiffe ought to have his action aforeſaid againſt them, &c.

AND the aforeſaid Plaintiffe ſayes, that he by any thing by them the ſaid T. and R. before alleadged, ought not to bee debarred from having his action aforeſaid againſt them, becauſe he ſaith, that the aforeſaid T. and R. by force and armes of their owne proper injury, and without ſuch a cauſe by them above alleadged on him the ſaid A. at A. they made an aſſault, and him did beat, wound, and evill handle in manner and forme as he above by his Writ and Declaration ſuppoſeth: And this hee prayes may be inquired of by the Country: And the aforeſaid T. and R. in like manner, &c.

AND the aforeſaid I. D. in his proper perſon comes,An agreement pleaded in aſſault and battery. and defends the force and injury, when, &c. And as to the coming by force and armes, or whatſoever which is againſt the peace, &c. ſayes, that he is in nothing thereof guilty. And as to the reſidue of the Treſpaſſe aforeſaid above ſuppoſed to be done, the ſame I. ſayes, that the aforeſaid T. ought not to have his action aforeſaid againſt him, becauſe hee ſaith that long after the Treſpaſſe aforeſaid was ſuppoſed to be made, to wit, the firſt day of May in the two and twentieth year aforeſaid at M. aforeſaid, the ſame I. and T. by the mediation of R. D. and W.W. their friends, in a friendly manner coming between them, in ſuch manner it was agreed together between them, that is to ſay, that the aforeſaid I. ſhould pay to the aforeſaid T. in amends, and ſatisfaction of that Treſpaſſe a Pottle of Claret wine, which ſaid I. the ſame Pottle of Claret wine to the aforeſaid T. then, and there paid according to the force, forme, and effect of the concord aforeſaid: And this, &c. Whereupon he prayes judgement, &c.

No ſuch action pleadedANd the aforeſaid I.H. ſaies that he by any thing pre-alledged ought not to be debarred from having his action aforeſaid; becauſe he ſaith that there was never any ſuch agreement had between them the ſaid I.H. and I.D. in manner and forme as the ſame I.D. hath above alledged by pleading. And this he prayes may be inquired of by the Country, and the aforeſaid J.H. in like manner &c.

Juſtification of aſſault and battary by a Vicar for diſturbance in the Church.ANd the aforeſaid T. by R.B. his Attorney comes and defends the force and injury when &c. and as to the coming by force and arms, and whatſoever which is againſt the peace &c. ſaies that he is not guilty, &c. and as to the reſidue &c ſayes that the Plaintiff ought not to have his action aforeſaid againſt him; becauſe he ſaith that he is, and at time of the Treſpaſſe aforeſaid ſuppoſed to be made, was Vicar of the Pariſh Church of the ſaid village of S. And the aforeſaid W. the ſame time wherein &c. in the ſame Church at evening prayers then there celebrated did prattle and talke ſo loudly, that the ſame evening prayers with that ſolemnity as it ought could not be celebrated; by which the ſame T. as Vicar of the ſame Church and Curate aforeſaid, the ſame VV. then and there did Canonically reprove, and by his authority in that behalfe admoniſh that he would deſiſt there-from; and the ſame W. this to doe did contumeliouſly deny: By which the ſame T. on the ſame W. ſo diſobeying him as his Curate did ſoftly lay his hands upon him, and him out of that Church did ſoftly put out & remove, as it was lawful for him to do; which ſaid laying on of hands of him the ſaid T. on the aforeſaid W. out of the cauſe aforeſaid, is the aforeſaid aſſault, beating &c. of the ſame W. whereof hee above againſt the ſame W. complaineth; and this &c. whereupon he prayes judgement whether the aforeſaid W. ought in this behalfe to have his action aforeſaid againſt him, &c.

The Plaintiffes reply, that he did it of his proper injury.ANd the aforeſaid Plaintiffe ſayes, that he by any thing before alledged, ought not to be debarred from having his action aforeſaid againſt the aforeſaid T. Becauſe he ſaith that the aforeſaid T. the day and year aforeſaid of his proper injury, and without any ſuch cauſe by him above alledged, on him the ſaid W. at S. aforeſaid, hee made an aſſault, and him did beate, wound, and evill handle, in manner and form as the ſame W. above againſt him complaineth: And this he prayes may be inquired of by the Country, and the aforeſaid T. in like manner, &c.

ANd the aforeſaid S.P. by R.H. his Attorney comes and defends the force and injury when &c. and as to the coming by force and armes, or whatſoever which is againſt the peace,Juſtifies the aſſault in the defence of his title to put the Plaintiffe out of the Houſes. &c. as alſo the whole Treſpaſſe aforeſaid, beſide the breaking of the Cloſes and Houſes aforeſaid, and the aſſault aforeſaid ſaies, that he is nothing thereof guilty &c. and as to the breaking of the Cloſes and Houſes, and the aſſault aforeſaid the ſame S. ſayes that the Plaintiffe ought not to have his action aforeſaid againſt him; Becauſe he ſaith that the Cloſes, and Houſes, as alſo the places in which the Treſpaſſe aforeſaid was ſuppoſed to bee made, are, and the aforeſaid time wherein &c. were ſeven Meſſuages, and four Gardens with the appurtenances in the pariſhes of St. Sepulchers, and St. Martins, and St. Brigets aforeſaid in the Ward aforeſaid, of which ſaid ſeven Meſſuages and foure Gardens before the ſaid time wherein &c. one I.S. was ſeized of his demeſne as of fee; and ſo being thereof ſeized before the ſaid time wherein &c. thereof enfeoffed the aforeſaid S.P. to hold for him and his Heires for ever; By vertue of which Feoffement the ſame S. was thereof ſeized in his demeſne as of Fee; and the aforeſaid E. claiming the Tenements aforeſaid with the appurtenances by colour of a certaine Deed or Demiſe to him thereupon made for terme of his life by the aforeſaid J.S. long before the ſaid Feoffement of the ſame Tenements with the appurtenances to the aforeſaid S. in forme aforeſaid made, were nothing of the ſame Tenements with the Appurtenances unto the poſſeſſion of her the ſaid E. ever paſſed into the ſame Tenements with the appurtenances before the ſaid time wherein, &c. and enter upon whoſe ſaid E. her poſſeſſion, thereupon the aforeſaid time wherein &c. peaceably re-entred, and the Houſes and Cloſes brok, and upon the ſame E. then being there, ſoftly laid his hands, and commanded her the ſaid E. then and there to goe out of the Meſſuages and Gardens aforeſaid, under the danger which by the Law otherwiſe might come to her the ſaid E. as it was lawfull for him to doe. Which ſaid ſoft laying on of hands, and entry, and breach of Cloſes and houſes aforeſaid, out of the houſe aforeſaid, is the ſame aſſault whereof the aforeſaid E. above now complaineth; and this hee is ready to aver; whereupon he prayes judgement whether the aforeſaid E. ought to have her action aforeſaid againſt him, &c.

And the aforeſaid E. ſayes, that ſhe by any thing before pre-alledged, ought not to be debarred from having her action aforeſaid againſt him, becauſe ſhe ſaith, that as to the aforeſaid Plea of him the ſaid D. of the aſſault, &c. aforeſaid above pleaded, the ſame E. ſaith that the aforeſaid S. the day and year in the ſaid Declaration of her the ſaid E. above ſpecified at London aforeſaid in the Pariſh and Ward aforeſaid of his proper injury, and without any ſuch cauſe by him the ſaid S. in his barre aforeſaid above alleadged on her the ſaid E. made an aſſault, and her then and there beat, &c. in manner and forme as the ſame E. above by her Writ and Declaration above againſt him hath declared. And this ſhe prayes may be enquired of by the country. And the aforeſaid S. in like manner, &c. And as to the aforeſaid Plea of the aforeſaid S. to the breaking of the Cloſes and houſes aforeſaid above pleaded, the ſame E. ſayes, that long before the ſaid I. S. had any thing in the Tenements aforeſaid, with the Appurtenances, the ſame E. was of the ſame Tenements aforeſaid, with the Appurtenances ſeiſed in her demeſne as of Fee; Until the aforeſaid S. her the ſaid E. long before the treſpaſſe aforeſaid made unjuſtly, and without judgement diſſeiſed by which the ſame S. was of the ſame Tenements, with the Appurtenances ſeized in his demeſne as of Fee by diſſeiſin: and he by that diſſeiſin being ſo, &c. The ſame S. before the ſaid time wherein, &c. thereof enfeoffed the aforeſaid I. S. to hold to him and his heires prove: By vertue of which ſaid Feoffement the ſaid I.S. was thereof ſeized in his demeſne as of Fee: And ſo being thereof ſeized before the ſaid time, wherein, &c. thereof enfeoffed the aforeſaid S. to hold to him and his heires for ever: By vertue of which ſaid Feoffmenent the ſame S. was of the ſame Tenements with the appurtenances ſeized in his demeſne, as of Fee, in manner and form as the ſame S. above by pleading hath alleadged: Upon which the ſaid S.P. his poſſeſſion thereupon the aforeſaid E. before the ſaid time, wherein, &c. did enter, and was thereof ſeiſed in his demeſne as of Fee; Untill the aforeſaid S. the aforeſaid time of the treſpaſſe aforeſaid made by Force and Armes, &c. the Cloſes and houſes of her the ſaid E. with the appurtenances, hee did break in manner and forme, as the ſame E. by her Writ and Declaration aforeſaid above, againſt him hath complained: And this, &c. Whereupon for that the aforeſaid S. the Treſpaſſe aforeſaid above acknowledgeth, ſhe prayeth judgement, and her damages by reaſon of that Treſpaſſe, &c. to be adjudged unto her &c.

The Defendant maintaines his plea, and traverſes the diſſeizin.AND the aforeſaid S. as formerly ſaith, that long before the ſaid time wherein the Treſpaſſe aforeſaid is ſuppoſed to be made, the aforeſaid I.S. was of the ſame Tenements with the appurtenances, ſeized in his demeſne as of fee, and he being thereof ſeized before the ſaid time, wherein &c. thereof Enfeoffed him the ſaid S. to hold to him and his Heires for ever, by vertue of which Feoffement the ſame S. was of the ſame Tenements with the appurtenances ſeized in his demeſne, as of Fee, in manner and form as the ſame S. in his aforeſaid above hath alledged:Tranverſe. Without that that the ſame S. diſ-ſeized the aforeſaid E. of the Tenements aforeſaid with the appurtenances, as the aforeſaid E. in her replication aforeſaid above hath alledged: And this &c. whereupon hee prayes judgement, and that the aforeſaid E. may be debarred from having her action aforeſaid againſt him, &c.

ANd the aforeſaid E. as formerly ſaith,Iſſue upon the Traverſe. that the aforeſaid S. diſ-ſeized her the ſaid E. of the Tenements aforeſaid with the appurtenances, as the ſame E. in her replication aforeſaid above hath alledged, and this ſhe prayes may be inquired of by the Country, and the aforeſaid S. in like manner, &c.

ANd the aforeſaid W.S. in his proper perſon comes and defends the force and injury when &c. and as to the coming by force and armes &c. as alſo the whole Treſpaſſe aforeſaid,Iuſtification by vertue of a Juſtices of peaces warrant. beſides the aſſault aforeſaid ſayes, that he is in nothing thereof guilty, &c. and as to the aſſault aforeſaid, the ſame W. ſayes, that the aforeſaid plaintiffe ought not to have his action aforeſaid againſt him; Becauſe he ſaith, that before the time of the Treſpaſſe aforeſaid ſuppoſed to bee made, to wit ſuch a day and yeare at C. in the County of N. before T. C. Earle of Devonſhire, then one of the Juſtices of the peace of our Lord the King in the County aforeſaid aſſigned to be kept, came the ſame W. S. then and there before the ſame Earle, having taken his corporall oath upon the holy Evangeliſt, that he the ſame W. S. damage and corporall hurt to him the ſaid W.S. by him the ſaid W. C. and his companions upon him the ſaid W. S. to be brought he did grievouſly dread and feare, the ſame W.S. then and there ſupplicating, that the ſame Earle him the ſaid W. C. might be bound to put in ſufficient ſecurity of the peace, keeping towards him the ſaid W.S. and all and every the leige people of the Kings one in form of law; by pretext whereof the ſame Earl, a certain warrant under his ſcale to the Conſtable and Bailiffes of the Hundred of M. as alſo to R.N.H.H. and T.F. directed, he made and delivered, commanding them the ſaid Conſtable and Bayliffes, and the aforeſaid R.H. and T. joyntly and ſeverally by the ſame warrant on the behalfe of our Lord the King commanding them that the ſame Conſtables, Bayliffes, R.I. &c. and every one of them, that they ſhould cauſe to come the aforeſaid W.C. before the aforeſaid Earle, or any other Juſtice of the peace of our Lord the King in the aforeſaid County of S. aſſigned to be kept immediately, for the finding ſufficient ſecurity of the peace in forme aforeſaid: And if the ſame W.C. ſo to doe, ſhould refuſe, then the ſame Conſtables, Bayliffes, and the aforeſaid R.I. &c. or either of them the ſame R. C. ſhould cauſe to be brought to the Goale of our Lord the King of Y. in the ſame County of D. by force of that warrant, there to ſtay until the aforeſaid WC. ſhould find the ſecurity aforeſaid, according to what law requires in that behalfe; By which meanes the ſame R. carrying with him the warrant aforeſaid, to him the ſaid W. C. at H. aforeſaid, the ſame day the Treſpaſſe aforeſaid was ſuppoſed to be made; And to him the ſaid W. of the ſame warrant, and of the matter and effect of the ſame warrant, then and there before the ſame aſſault made gave notice by vertue of the ſame warrant, then and there requiring the ſame W.C. that he the ſaid W.C. before the ſaid Earle, or other Juſtice of peace of our ſaid Lord the King aſſigned to be kept in the ſame County, to find ſufficient ſecurity of the peace in forme aforeſaid, together with him the ſaid R. he would goe; which ſaid W. C. to doe this then and there refuſed, for which cauſe the ſame R. him the ſaid W.C. then would have taken and arreſted (but the ſame W.C. would not ſtay, nor obey that arreſt) but at the ſame arreſt then and there drew his ſword, and alſo what in him lay offered to reſcue himſelfe from that arreſt; By which the aforeſaid R. and N. and the aforeſaid VV.S. as the ſervant of him the ſaid R. and by his command, at the time of the Treſpaſſe aforeſaid above ſuppoſed to be made, by laying their hands upon him the ſaid VV. C. and compelling him the ſaid VV. C. to ſtand to that arreſt, him the ſaid VV. C. then and there they took and arreſted, as it was lawfull for them to doe; which ſaid laying on of hands out of the cauſe aforeſaid, is the ſame aſſault whereof the ſame VV.C. above againſt him complaineth: And this he is ready to averre, whereupon he prayes judgement whether the aforeſaid VV. C. ought in this behalfe to have his action aforeſaid againſt him, &c.

AND the aforeſaid W.C. not acknowledging any thing by the aforeſaid W.S. before alleadged to be true, ſayes that he by any thing therein before alleadged ought not to be debarred from having his action aforeſaid, becauſe hee ſaith, that the aforeſaid W.S. by force and armes of his owne proper injury on him the ſaid W.C. did make an aſſault, and him did beate, wound, and evill handle in manner and form as he the ſaid W.C. above by his bill hath declared.

Traverſes the notice of the Warrant.Without that, that the ſame R. to him the ſaid W.C. of the warrant aforeſaid, or of the matter and effect of the ſame warrant before the time of the Treſpaſſe aforeſaid made, did give notice, as the aforeſaid W.S. above by pleading hath alledged: And this he is ready to averre; whereupon for that the aforeſaid W.S. the Treſpaſſe and Battery aforeſaid above acknowledgeth, he the ſaid W.C. prayeth judgment and his damages by occaſion of that Treſpaſſe to be adjudged unto him, &c.

AND the aforeſaid W.S. ſayes,Iſſue upon the Traverſe. that the aforeſaid R. to him the ſaid W.C. of the Warrant aforeſaid, and of the matter and effect of the ſame Warrant long before the time of the Treſpaſſe aforeſaid, ſuppoſed to be made, did give notice in manner and forme as he the ſaid W. S. above by his pleading hath alleadged: And of this hee puts himſelfe upon the Country: And the aforeſaid W. C. in like manner &c.

Middleſex R.M. complaines of I. H. in the cuſtody of the Marſhall,Declaration in aſſault and battery. &c. for that he (ſuch a day and year) by force and armes on him the ſaid R. at Weſtminſter in the County aforeſaid hee made an aſſault, and him the ſaid R. then, & there beat, wounded & evil handled; ſo that of his life he did deſpair, and alſo ſo grievous a wound upon the upper part of the left ſhoulder of him the ſaid R. then, and there put on him; ſo that the ſame R. by reaſon of the extraordinary effuſion of blood out of the ſame wound flowing, and ariſing, fell into great ſickneſſes, and weakneſſes of his body then, and there, and ſtood in great danger of loſing of his life by reaſon thereof for a great time, that is to ſay, for the ſpace of one month then next following: As alſo divers great ſummes of mony for his healing and curing there in that behalfe, to lay out, and ſpend then, and there, was forced and compelled: And divers difficult buſineſſe of him the ſaid R. then to be done, and finiſhed by the aforeſaid ſpace of one month remained undone: And other harmes, &c. Againſt the peace, &c. to the damage, &c.

AND the aforeſaid I. H. by W. Aſtrie his Attorney comes and defends the force and injury when, &c.Concord pleaded. And as to the coming by force and armes, &c. ſayes, that he is in nothing thereof guilty, &c. And as to the reſidue &c. ſayes, that the aforeſaid R. ought not to have his action aforeſaid againſt him, becauſe he ſaith, that after the aforeſaid time wherein the Treſpaſſe aforeſaid, was ſuppoſed to be made, to wit (ſuch a day and year) I.E. in the County of Norfolk there was ſuch an agreement had between the aforeſaid R. and him the ſaid J. to wit, that he the ſaid I. ſhould give to the aforeſaid R. one Gallon of Sack in recompence and ſatisfaction of the Treſpaſſe aforeſaid, which ſaid Gallon of Sacke, the ſame J. afterwards, to wit, the ſame day and yeare at S. aforeſaid, gave to the aforeſad R. according to the forme and effect of the concord aforeſaid: And which ſaid Gallon of Sack, the ſame R. of the aforeſaid I. in full recompence and ſatisfaction of the Treſpaſſe aforeſaid then, and there accepted: And this he is ready to aver: Whereupon he prayes judgement whether the aforeſaid R. ought to have his action aforeſaid againſt him, &c.

The Plaintiffe replies no ſuch Concord.AND the aforeſaid R. ſayes that he ought not by any thing before pre-alleadged to be debarred from having his action aforeſaid againſt him, becauſe he ſaith, that between him the ſaid R. and the aforeſaid I. there was not any ſuch agreement had as the aforeſaid I. above by pleading hath alleadged: And this he prayes may be enquired of by the Country: And the aforeſaid I. in like manner &c.

'Againſt a Butcher for ſelling by deceitfull weights. London, THo. Smith complains of H. Vaſey, for that that is to ſay, whereas the aforeſaid Henry (ſuch a day and year) and by many years then laſt paſt, was a Butcher, and by a great part of that time at London in the Pariſh, &c. the art of a Butcher ſo uſed and exerciſed, & accuſtomed to kill and dreſſe both Oxen and Cowes in the beſt manner behoved his art; and the fleſh of them by Haverdepoys weight according to the Lawes of this Kingdome of England was wont, and accuſtomed for a great part of the time aforeſaid, to put to ſale, and utter to divers of the liege, and faithfull ſubjects of our ſaid Lord the King, he the ſame H. afterwards at divers times, to wit, between the ſame ſuch a day, &c and the fifth day of May then next following at London in the Pariſh, &c. three hundred weight of Oxe beefe, not being according to the Lawes of England Haverdepoys weight to him the ſaid T. he did falſely, and fraudulently put to ſale, the aforeſaid Henry faithfully affirming the weight by which he the ſaid H. the aforeſaid three hundred weight of Oxe beefe to him the ſaid T. had ſold as aforeſaid, to be Haverdepoys weight according to the Laws of England, to the great deceit of him the ſaid T. Whereupon he ſaith that he is worſted, and hath damage, to the value of 10 s. And thereupon he brings his ſuit, &c.

Juſtification in Treſpaſſe for a •• rriot cuſtome.AND the aforeſaid I. Randal by I.S. his Attorney comes and defends the force and injury when, &c. and as to the coming by force and armes, he ſaith, he is in no wiſe thereof guilty: And as to the taking and driving away of the aforeſaid two Cowes, he ſayes, that the aforeſaid A. ought not thereupon to have his action aforeſaid againſt him, becauſe he ſaith that long before the ſaid time of the treſpaſſe aforeſaid ſuppoſed to be made, one N. Dering lately the husband of the aforeſaid A. dead, was ſeized in his demeſne, as of Fee of, and in two Tenements, whereof one Tenement called A. and the other Tenement called B. lying and being in L. aforeſaid, in the aforeſaid County of Southampton within the Hundred of Odham: And that the ſame N. held the aforeſaid Tenements with the appurtenances of the aforeſaid Iohn Randal by fealty, and a certaine rent by the yeare, that is to ſay, the aforeſaid Tenement called A. by fealty, and the rent of three ſhillings and four pence, and the other Tenement called B. by fealty, and the rent of one ſhilling and ſix pence; And further the ſame I. R. ſayes, that within the Hundred of O. aforeſaid there is had, and time out of mind there hath been had an ancient and laudable cuſtome, that is to ſay, that within the Hundred of O. aforeſaid, every Lord of every Tenant for the time being, after the death of every Tenant who dyed ſeized in his demeſne as of fee, of any Lands, Tenements or Hereditaments within the ſame Hundred in manner and forme aforeſaid, that is to ſay by fealty, and a certaine rent onely, ſhould take the beſt living beaſt of the cattell of the ſame Tenant in manner and forme aforeſaid dying, of which the ſame Tenant died poſſeſſed, for a Herriot for every ſuch Tenant; and the ſame I.R. in fact ſaith, that the aforeſaid N. after and before the ſaid time of the Treſpaſſe aforeſaid above ſuppoſed to be made, to wit, the tenth day of December laſt paſt before the day of the obtaining of the Bill aforeſaid, he the ſaid I. R. being thereupon Lord, and the aforeſaid N. Tenant of him the ſaid I. R. within the aforeſaid Hundred at the time of his death being, and of the aforeſaid two Cowes being poſſeſſed at Warblington in the aforeſaid County of Southampton, of the aforeſaid two Tenements dyed in his demeſne as of Fee ſeized, after whoſe the ſaid N. his death, by reaſon of the premiſes, the aforeſaid I.R. the aforeſaid two Cowes of the beſt living beaſts of the cattell of which the aforeſaid N. dyed poſſeſſed for and in the name of Herriots, according to the aforeſaid ancient and laudable cuſtome of right uſed, and due, he took and drove away, as it was lawfull for him to doe; and this he is ready to averre, whereupon he prayes judgement whether the aforeſaid A. ought to have her action aforeſaid againſt him, &c.

AND the aforeſaid A. ſayes,The Plaintiffe pleads by proteſtation that as to the taking of one Cow no ſuch cuſtome for pleade ſon tort Demeſne, and traverſes the plea. that ſhe by any thing before alleadged ought not to be debarred from having her action aforeſaid againſt him the ſaid I. becauſe by proteſtation that the aforeſaid N. in his life time, held not of the aforeſaid I. the aforeſaid two ſeverall Tenements called A. and B. by the ſervices aforeſaid, as the aforeſaid I. above alleadgeth. And as to the taking of one Cow of the Cowes aforeſaid, for a Herriot, for the aforeſaid Tenement called H. the aforeſaid H. by proteſtation ſaith, that within the Hundred of O. aforeſaid, there is not had, nor time out of minde there hath not been had, any ſuch ancient and laudable cuſtome, that is to ſay, that the Lord of every Tenant for the time being, within the Hundred of O. aforeſaid after the death of every Tenant, who dyed ſeized in his demeſne as of fee of any Lands, Tenements, or Hereditaments within the ſame Hundred, ſhould take the beſt living beaſt of the cattell of the ſame Tenant in manner and forme aforeſaid dead, of which the ſame Tenant dyed poſſeſſed for a Herriot for every ſuch Tenant; yet for plea, the aforeſaid A. ſaies that the aforeſaid J. the day and year aforeſaid in the Declaration aforeſaid above ſpecified, of his own proper injury, and without ſuch cauſe by him the ſaid I. above by pleading alleadged, the Cloſe of her the ſaid A. aforeſaid at L. aforeſaid, he did breake, and the aforeſaid one Cow of the aforeſaid Cowes he took and drove away, in manner and forme as the ſame A. above againſt him complaineth.

Traverſe of the place.Without that, that the aforeſaid Tenement called A. is within the Hundred of O. aforeſaid, as the aforeſaid J. above by pleadings hath alleadged; and this &c. whereupon for that that the aforeſaid J. the taking of one Cow of the aforeſaid Cowes taken for a Herriot for the aforeſaid Tenement called A. above acknowledgeth, the ſame A. prays judgement, and her damages by occaſion of the taking and driving away of that Cow to be adjudged unto her, &c.

The Plaintiffe pleads as to the other Cow that the Defendant took the Cow de ſon toyt demeſne, and traverſes the cuſtomAnd as to the taking of the other Cow of the aforeſaid Cowes for a Herriot for the aforeſaid Tenement called B. the aforeſaid A. ſaies, that the aforeſaid J. of his own proper injury, and without ſuch cauſe by him above by pleading alleadged, the aforeſaid day and yeare in the Declaration aforeſaid above ſpecified, the Cloſe of him the ſaid A. aforeſaid, at L. aforeſaid he did breake, and the aforeſaid other Cow of the Cowes aforeſaid he tooke and drove away in manner and forme as the ſame A. above againſt him now complaines.Traverſe of the cuſtome.

Without that, that within the Hundred of O. aforeſaid, there is had, or time out of mind there hath been had any ſuch laudable and ancient Cuſtome,Iſſues upon both Traverſes. that is to ſay, that the Lord of every Tenant for the time being within the Hundred of O. aforeſaid, after the death of every Tenant who ſhould dye ſeized in his Demeſne as of fee of any Lands, Tenements or Hereditaments within the ſaid Hundred held by fealty and rent, ſhould take the beſt living beaſt of the cattell of the ſame Tenant in manner and forme aforeſaid dead, of which the ſame Tenant dyed poſſeſſed for a Herriot, for every ſuch Tenant as the aforeſaid I. above by pleading hath alleadged, and this &c. whereupon for that the aforeſaid I. the taking and driving away of the aforeſaid other Cow of the Cowes aforeſaid above in like manner acknowledgeth for i • Herriot for the aforeſaid Tenant called B. the ſame A. in like manner praies judgement and her damages, by occaſion of the taking of that Cow to be adjudged unto her, &c.

AND the aforeſaid I. as to the taking of the aforeſaid one Cow of the Cows aforeſaid, for a Herriot for the aforeſaid Tenement called A. taken and driven away as formerly, ſaies, that the aforeſaid Tenement called A. is within the Hundred of O. aforeſaid, in manner and form as the ſame I above by pleading hath alleadged; And of this he puts himſelfe upon the Country, and the aforeſaid A. in like manner, &c. and as to the taking and driving away of the other Cow of the Cowes aforeſaid for a Herriot for the aforeſaid Tenement called B. the ſame I. as formerly ſayes that within the Hundred of O. aforeſaid is had, and time out of mind there hath been had any ſuch &c. (as before in the laſt Traverſe) in manner and forme as the ſame I. above in like manner by pleading hath alleadged; and of this in like manner the aforeſaid I. puts himſelfe upon the Country, and the aforeſaid A. in like manner &c. therefore as well to the trying &c. the Jury thereupon is to come &c.

AND the aforeſaid W. and R. by R. D. their Attorney,Iuſtification of cutting of wood for Eſtators by preſcription. come and defend the force and injury when &c. and as to the coming by force and Armes, or whatſoever which is againſt the peace, &c. as alſo the cutting, taking, and carrying away of a hundred Oakes, and two Aſhes, and 80 Cart-load of under wood, of the aforeſaid C. Cart-load of under-wood ſayes, that they are in no wiſe thereof guilty; And of this &c. And as to the taking and carrying away of twenty Cart-load of the aforeſaid C. Cart-load of under-wood reſidue, as alſo the whole reſidue of the Treſpaſſe aforeſaid above ſuppoſed to be made, they the ſame W. and R. ſay that the aforeſaid E. ought not to have her action aforeſaid againſt them, becauſe they ſay, that the Cloſe aforeſaid, as alſo the places wherein the Treſpaſſes aforeſaid are above ſuppoſed to be made, and at that ſame time wherein thoſe Treſpaſſes were ſuppoſed to bee made, were a certaine Wood called Mylnehop Wood, containing in it 60 acres of Wood with the appurtenances in M. aforeſaid, and that long before the ſaid time wherein &c. as alſo at the ſame time wherein &c. the aforeſaid W. was ſeized of one Meſſuage, and twenty acres of Land with the appurtenances in M. aforeſaid in his demeſne as of fee, and that to the ſame Meſſuage and twenty acres of Land with the appurtenances, the ſame W. and all his Anceſtors, and all they whoſe eſtate the ſame W. now hath and the aforeſaid time wherein &c. had of, and in the aforeſaid Meſſuage, and twenty acres of Land, with the appurtenances had, and from time out of minde were accuſtomed to have for themſelves, their Farmers, and Tenants of the ſame Meſſuage, and twenty acres of Land with the appurtenances reaſonable Eſtators in the aforeſaid C. acres of Wood for their owne proper neceſſary fire-boot in the ſame Meſſuage of him the ſaid W. to be ſpent and burnt as unto the ſame Meſſuage,Fire-boo • and twenty acres of Land with the appurtenances belonging: By which he the ſame W. in his owne proper right, and the aforeſaid R. as the ſervant of him the ſaid W. the ſame time wherein, &c. in the aforeſaid ſixty acres of Wood, with the appurtenances, did enter: And the aforeſaid twenty Cart-load of underwood reſidue, &c. for the aforeſaid neceſſary fire-boot of him the ſaid W. according to the cuſtome aforeſaid, in the aforeſaid Meſſuage to be ſpent and burnt, in the aforeſaid ſixty Acres of Wood, with the appurtenances then growing and uncut by uſing there the common of Eſtevors of him the ſaid W. they cut downe, took, and carried away, as it was lawfull for them to doe: Which ſaid entry into the aforeſaid ſixty acres of wood, with the appurtenances out of the cauſe aforeſaid, is the ſame entring and breaking of the Cloſe aforeſaid: And which ſaid cutting downe, taking, and carrying away of the aforeſaid twenty Cart-load of underwood, reſidue of, and for neceſſary fireboot aforeſaid, according to the cuſtome aforeſaid in the aforeſaid place in which, &c. as aforeſaid cut downe, taken and carried away are the ſame cutting, taking, and carrying away of the ſame twenty Cart-load of underwood, reſidue, &c. whereof the aforeſaid E. above againſt them complaines: And this they are ready to aver: Whereupon they pray judgement, whether the aforeſaid E. ought to have her action aforeſaid againſt them, &c.

AND the aforeſaid E. ſayes that ſhee by any thing before alleadged by them the ſaid W. and R. ought not to be debarred from having her action aforeſaid againſt them, becauſe by Proteſtation, that the aforeſaid ſixty acres of wood with the appurtenances are, and the aforeſaid time of the Treſpaſſe aforeſaid made, were, the ſole and freehold of the aforeſaid E.

Traverſe of the Preſcription.Without that, that the aforeſaid W. and all they whoſe eſtate the ſame W. now hath, and the aforeſaid time of the Treſpaſſe aforeſaid made, had, of, and in the aforeſaid Meſſuage and twenty acres of Land, with the appurtenances have had, and time out of minde were accuſtomed to have for themſelves their Farmers and Tenants of the ſame Meſſuage and twenty acres of Land with the appurtenances reaſonable Eſtators in the aforeſaid ſixty acres of wood with the appurtenances for their proper and neceſſary fireboot in the ſaid Meſſuage of him the aforeſaid W. to be ſpent and burnt as unto the ſame Meſſuage, and twenty acres of Land with the appurtenances belonging, in manner and forme as the ſaid VV. and R. above by pleading have alleadged: And this he is ready to aver: VVhereupon for that that the aforeſaid VV. and R. the Treſpaſſe aforeſaid above acknowledge, he prayes judgement, and his damages by occaſion of that Treſpaſſe to bee adjudged unto him, &c. Iſſue taken upon the Traverſe of the Preſcription.

AND the aforeſaid Prior I.L. and I.F. by VV.C. their Attorney come and defend the force and injury when, &c.The Defendants all plead not guilty as to the force and armes, and one as to the reſt; And the other juſtifie by vertue of a Warrant. And as to the coming by force and armes not guilty, &c. And the aforeſaid Prior, as to the reſidue of the Treſpaſſe aforeſaid ſayes, that he is in nothing thereof guilty: And of this he puts himſelfe upon the Country, &c. And the aforeſaid J.L. and J.R. ſay, that the aforeſaid J. B. ought not to have his action aforeſaid againſt them, becauſe they ſay, that long before the time of the Treſpaſſe aforeſaid ſuppoſed to be made, our Lord the King that now is, was ſeized of the Mannor, and Lordſhip of Leeds in his demeſne as of Fee, within which ſaid Mannor our Lord the King that now is, held his Court called a Court-Baron, as in right of his Mannor aforeſaid from three weeks to three weeks, before his Steward for the time being there to be held; And ſayes that our Lord the King, ſo being ſeized by his Letters Patents, whoſe date is the tenth day of October in the ſeventeenth yeare of his Reigne granted unto the aforeſaid Prior, and Covent the cuſtody of the Mannor and Lordſhip of Leeds aforeſaid, with the appurtenances, and the joyſting of the Parke there, To hold to him, and his ſucceſſours from (ſuch a day) next to come, unto the end of twenty years from thence next following fully to be compleat and ended, rendring therefore yearly to our ſaid Lord the King in his Exchequer at the feaſts of Eaſter, and St. Michael the Arch-angel by equall portions for the cuſtody and joyſting aforeſaid 24 l. of lawfull money of England as they before had paid, and alſo ſuſtaining the Cloſes and Edifices, and alſo ſupporting all other charges to the ſame Mannor belonging & appertaining ſo long as they ſhould have the cuſtody and joyſting aforeſaid: By vertue of which ſaid Grant the ſame Prior and Covent were thereof poſſeſſed, long before the Treſpaſſe aforeſaid ſuppoſed to be made, and at the day of the Treſpaſſe aforeſaid ſuppoſed to bee made: And they ſay alſo further, that long before the treſpaſs aforeſaid was ſuppoſed to be made, that is to ſay (ſuch a day and year) one J.S. Knight before R.C. then Steward of the ſame Prior of his Court aforeſaid, in the ſame Court brought a certaine plaint againſt the aforeſaid I.B. of a plea of Treſpaſſe, by force of which ſaid plaint, the ſame Steward then, and there commanded a certaine precept to one VV.R. then Bayliffe of the Mannor aforeſaid directed to attach the aforeſaid I.B. by his goods and chattels within the Precinct of the ſame Mannor, to appeare before the aforeſaid Steward at the next Court there to be held, that is to ſay, the ſecond day of September then next following, to anſwer the aforeſaid I. S. in his plaint aforeſaid; by force whereof the ſame Bayliffe the aforeſaid time of the Treſpaſſe aforeſaid ſuppoſed to be made: And the aforeſaid I.L. and I.F. as the ſervants of the ſame Bayliff and by his command, the aforeſaid I B. by two Horſes, and ſix Oxen aforeſaid then in the place in which, &c. which is within the Precinct of the Mannor aforeſaid found, they did attach; And the ſame Oxen and Horſes then there they impounded, and held impounded, as it was lawfull for them to do, which ſaid taking, impounding and detaining of the Cattel aforeſaid out of the cauſe aforeſaid, are the ſame Treſpaſſe, taking, &c. of which the ſame I.B. conceives his action aforeſaid, &c. Which all and ſingular they are ready to aver: Whereupon they pray judgement whether the aforeſaid I. B. ought to have his action aforeſaid againſt them &c.

The Plaintiffe replies that they did it of their proper injury without ſuch a cauſe.AND the aforeſaid J.B. ſayes, that he by any thing before alleadged, ought not to be debarred from having his action aforeſaid againſt them, becauſe he ſaith that the aforeſaid I. L. and I.F. of their owne proper injury, and without ſuch cauſe by them the aforeſaid I.L. and I F. above alleadged with force and armes aforeſaid have made in manner and forme as he the ſaid I. B. above againſt them complaineth: And this he prayes may be inquired of by the Country: And the aforeſaid I. L. and I.F. in like manner, &c.

Iſſue upon the Traverſe.AND the ſaid I. M. as before, ſaith, That the ſaid Tenements, with the appurtenances are, and from the time of the memory of man were cuſtomary Tenements and Lands, and demiſed, and demiſable by Copy of Court Roll of the ſaid Mannor, in manner and forme as the ſaid I.M. before in pleading hath alleadged: And of this hee putteth himſelfe upon the Country; And the ſaid I. S. in like manner. Therefore, &c.

Treſpaſſe upon the Caſe.

Midd. ſſ. BOnaventure Aſhby Gentleman,Declaration in Trover, of a reclaymed Falcon. Paſch. 19. Eliz. Rol. 499. complaines of John Gifford Gentleman in the cuſtody of the Marſhall, &c. for that that is to ſay, whereas the aforeſaid B. (ſuch a day, year, and place) in the County aforeſaid, was poſſeſſed of a Falcon reclaimed and tamed, of the price of 40 l. with two Belles to the value of 12 d. and two Varvils, in which the name of the aforeſaid B. was inſcribed to the value of 5 s. as of his proper goods and chattels: And the ſame B. ſo being thereof poſſeſſed, the Falcon aforeſaid, with the Belles and Varvils aforeſaid out of his hands and poſſeſſion did caſually loſe, which ſaid Falcon afterwards, that is to ſay (ſuch a day, year and place) to the hands and poſſeſſion of the aforeſaid J.G. by finding came:Judgement had for the Plaintiffe and damages, 18 l. 16 s. and 8 d. And the aforeſaid J.G. knowing the Falcon aforeſaid to be the proper Falcon of the aforeſaid B. & to him the ſaid B. of right to belong and pertain, that Falcon although often required &c. to render or deliver, hath wholly refuſed: And that Falcon voluntarily hath uſed and handled ſo ill, ſo that that Falcon by the ill uſage and handling aforeſaid afterwards (to wit, ſuch a day, year, and place) dyed, to the damage of him the ſaid B. 40 l. And thereupon he brings his ſuit, &c.

Sſ. A B. complaines of W. B. in the cuſtody of the Marſhall,Declaration for keeping a dog accuſtomed to bite ſheep. &c. for that, that is to ſay, whereas the aforeſaid W. did knowingly keep and retaine a certaine Dog accuſtomed to bite ſheep at M. in the County aforeſaid, which ſaid Dog ten Ew-ſheep, and ten lambs of him the ſaid A. to the price of 4 l. at M. aforeſaid, found (ſuch a day, and yeare, and place) did ſo grievouſly bite, that thoſe ſheep, and lambs by the biting of the Dog aforeſaid, then, and there dyed: Whereupon the ſame A. ſaith, that he is worſe, and hath damage to the value of 10 l. And thereupon he brings his ſuit.

The like with ſome addition. Sſ. B. F. complaines of R. W. in the cuſtody of the Marſhall, &c. for that, that is to ſay, whereas the aforeſaid R. (ſuch a day, yeare, and place) a certaine Dog accuſtomed to bite ſheep he knowingly retained, which ſaid Dog, the day, and year aforeſaid at H. aforeſaid the ſheep, that is to ſay, a hundred and fifteen Ewes, and eighty Weathers of him the ſaid B. did chaſe and bite, ſo that by the chaſing, and biting, eighty of the Ewe ſheep of the ſheep aforeſaid of the price of 40 l. dyed, and forty of the Weathers aforeſaid of the price of 30 l. dyed in like manner: And the reſidue of the aforeſaid Ewe ſheep great with young, caſt their lambs abortive: And the reſidue of the Weather ſheep were much worſted: And other harmes, &c.

Norfolk HEnry Darcy Knight complaines of Iohn Leigh Gentleman in the cuſtody of the Marſhall,Declaration upon warranty of a Hawk. &c. for that, that is to ſay, whereas the aforeſaid I. (ſuch a day, yeare, and place) in the County aforeſaid, in conſideration of 5 l, 2 s. and 6 d. of lawfull money of England to him the ſaid I. by the aforeſaid H. before hand payed, had bargained and ſold to the aforeſaid H. a certaine Hawk, called a Goſ-hawk, the ſame I. in conſideration thereof then, and there warranted the Goſ-hawk aforeſaid to him the ſaid H. to be ſound, and in good health: whereas in truth that Goſ-hawke then, and there was troubled with divers great infirmities, and much grieved, of which ſaid infirmities the Hawke aforeſaid (ſuch a day) then next following at O. aforeſaid dyed: By which the ſame I. at O. aforeſaid the aforeſaid H. of the Hawk aforeſaid, and of the aforeſaid 5 l. 2 s. and 6 d. againſt the forme of the Warrant aforeſaid falſely and fraudulently deceived to the damage of him the ſaid H. twenty Marks: And thereupon he brings his ſuit, &c.

A B. complains of I.P. the elder, and I.P. the younger in the cuſtody of the Marſhall,Declaration for making of a banke, by which the Plaintiffes land was downed. &c. of a plea wherefore whereas a certain courſe of water called C. ought to run in a certaine ſtream at C. in the County aforeſaid for the ſerving of the Lands and Tenements, near the Water-courſe aforeſaid, the aforeſaid I. and I. not ignorant of the premiſes, plotting the aforeſaid A. to worſe and hurt in his Lands and Tenements goods, and chattels, a certaine banke on croſſe the Water-courſe aforeſaid at C. aforeſaid they made, by reaſon of which the water aforeſaid was hindered of his courſe aforeſaid; By which ſix hundred acres of Paſture of his the ſaid A. neer adjoying to the VVater-courſe aforeſaid was ſo extraordinarily drowned, that the ſame A. the profit of that his paſture for a great time he loſt: VVhereby he ſayes he is worſted and hath damage, &c.

SS. W. J. Mercer complaines of T. B. in the cuſtody of the Marſhall,Declaration againſt an Inne-keeper for ſelling his gueſts horſe. &c. for that whereas the ſame T. (ſuch a day, year, and place) a certaine horſe of his the ſaid W. of the pr • ce of 15 l. to have kept in the Stable of the aforeſaid T. and there to be fed and dreſſed, and that horſe ſafely and ſoundly to be kept, and to him the ſaid W. when he ſhould be thereunto required to be redelivered, and in conſideration of a certaine ſumme of money between them agreed upon, that is to ſay, for every day and night, as long as the horſe aforeſaid, with the aforeſaid T. as is aforeſaid ſhould happen to be three pence at London aforeſaid, in the Pariſh and Ward aforeſaid, had aſſumed upon himſelfe, yet the aforeſaid T. plotting the aforeſaid W. falſely, deceitfully, and fraudulently in that behalfe to deceive and defraud the horſe aforeſaid, although often required &c. to the aforeſaid W. he hath not re-delivered, but that horſe afterwards, to wit, (ſuch a day, and year, and place) to a certaine unknowne man for 24. s. to him the ſaid T. in hand payed, falſely, craftily, and deceitfully he there ſold, and the money thereof comming to his own proper uſe he there converted, diſpoſed to his damage 30 s. &c.

Ebor. ſſ. T. F. was attached to anſwer A. F. of a plea wherefore whereas the ſame A. had bargained to buy twenty Oxen of the aforeſaid B.T. at B. the ſame T. knowing theſe Oxen to be fallen into divers diſeaſes and infirmities;Declaration upon warranty of cattell. theſe Oxen by warranting them to be ſound and in good health for a great ſum of money, the Oxen aforeſaid to the aforeſaid A. he falſely and fraudulently here ſold to the damage of him the ſaid A. 40. l. as he ſayes; And whereupon the ſame A. by S. L. his Attorney complaines, that whereas the ſame A. (ſuch a day and yeare) had bargained to buy of the aforeſaid T. twenty Oxen at B. the ſame T. knowing theſe Oxen to be fallen into divers diſeaſes and infirmities, that is to ſay, of (ſuch a diſeaſe) thoſe Oxen for a great ſumme of money, that is to ſay, for 60 l. (warranting them to be ſound and in health) then and there ſold falſely and fraudulently, whereupon, hee ſaith, that hee is worſted and hath damage to the value. &c.

AND the aforeſaid T. by W. B. his Attorney comes and defends the force and injury when, &c. by proteſtation, that he the time wherein it is ſuppoſed the aforeſaid A. with him the ſaid T. for the Oxen aforeſaid to have bargained, had no Oxen but what were ſound and in good health; and that he ſold not to him the ſaid A. the aforeſaid twenty Oxen, for plea he ſaith that he did not warrant the ſame Oxen to be ſound and in good health, as the ſame A. by his Writ and Declaration above ſuppoſeth: And of this hee puts himſelfe upon the Country: And the aforeſaid A. in like manner.

Action of the caſe upon a promiſe upon a bargaine. Sur. T. B. complaines of VV. R. and VV.B. Tanners in the cuſtody of the Marſhall, &c. for that whereas the ſame W. & W. (ſuch a day, and year, and place) had agreed with him the ſaid T. to buy of him the hides and skins of all and ſingular the Oxen, Horſes, Cowes, and Calves, which he the ſaid T. from the aforeſaid (ſuch a day) untill (ſuch a day) then next following ſhould happen to kill or ſlay, the aforeſaid W. and W. in conſideration thereof did aſſume upon themſelves, and unto him the ſaid W. W. did then, and there faithfully promiſe, that they the ſaid W. and W. would well, and truly pay to him the ſaid T. for every hide of each ſuch Oxe or Heifer by him the ſaid T. within the time aforeſaid, killed, or ſlaine, and by the ſame T. to them the ſaid W. and VV. within that time delivered 3 s. 4 d. and for every hide of a Cow by him the ſaid T. within the time aforeſaid, killed, and as aforeſaid delivered two ſhillings: And for every dozen of the Calves skins by him the ſaid T. within the time aforeſaid as is aforeſaid killed and delivered foure ſhillings; By reaſon of which ſaid promiſe and aſſumption of them the ſaid VV. and W. in forme aforeſaid made, he the ſaid T.B. five hundred and three hides of Oxen and Heifers, two and fifty hides of Cows, and fifty dozen of Calves skins by him the ſaid T. within the time aforeſaid killed, according to the forme of the bargaine aforeſaid to the aforeſaid VV. and W. at divers dayes and ſeaſons within the time aforeſaid at S. aforeſaid, he did deliver, the true value and price of all the hides and skinnes aforeſaid in forme aforeſaid delivered according to the bargaine aforeſaid, doe amount unto the ſumme of 88 l. 16 s. and 10 d. And the aforeſaid T. B. truſting to the true and faithfull payment of them the ſaid W. & W. of the aforeſaid 88 l. 16 s. and 10 d. at the aforeſaid (ſuch a day) according to the bargaine aforeſaid to him faithfully to be paid and contented (ſuch a day, yeare, and place) had aſſumed upon himſelfe, and faithfully promiſed to one R. B and divers other perſons to whom the aforeſaid T. was then indebted, to pay them the like ſumme of money, yet the aforeſaid W. and W. not ignorant of the premiſes, knowing the aforeſaid T. to have promiſed the payment of the aforeſaid ſumme of 88 l. 16 s. and 10 d. to the aforeſaid R.B. and divers other perſons to whom he, as aforeſaid, then ſtood indebted, plotting and contriving him the ſaid T. in that behalfe craftily, and ſubtilly to deceive and defraud, although they the ſaid. W. and W. (ſuch a day and yeare) and often afterwards at S. aforeſaid, have beene required to pay to him the ſaid T. B. the aforeſaid 88 l. 16 s. and 10 d. according to the bargaine aforeſaid, to him the ſaid T. B. hitherto they have not paid, nor either of them hath paid; by reaſon whereof hee the ſaid T. B. his day of payment with the aforeſaid R. B. and divers other perſons to whom hee the ſaid T. B. as aforeſaid then ſtood indebted, in no wiſe could keepe: And ſo the ſame T. B. of his fidelity, truſt, and credit in his name, and the buſineſſes wherein with the ſame R. and other honeſt perſons he was uſed to have in buying, ſelling, and lawfully bargaining, hee ſtands much hurt, worſted, and leſſened; and in very many other troubles, charges, and expences, by that occaſion burdened, wearied, and vexed to his damage 150 l. And thereupon hee brings his ſuit, &c.

I. H. complaines of N. B. in the cuſtody of the Marſhall,Action of the caſe againſt one for playing with falſe Dice. &c. for that that is to ſay, whereas the aforeſaid N. plotting and ſubtilly intending him the ſaid I. to defraud, and deceive, and divers great ſummes of money from him the ſaid I. fraudulently and ſubtilly to obtaine, did (ſuch a day, yeare and place) intice, ſtirre up, and procure him the ſaid I. to play at Dice with him the ſaid N. at a certaine play at Dice called (Five or Nine) for divers ſummes of money: By whoſe ſaid N. his inticement, and ſtirring up, hee the ſaid I. with the aforeſaid N. at Dice at the play aforeſaid, called Five or Nine, certaine Dice truly marked, and even to him the ſaid I. he did then, and there deliver to them withall: And when theſe Dice in courſe happened to come to the hands of him the ſaid N. hee the ſaid N. theſe true Dice then, and there ſubtilly and fraudulently he withdrew, and certain other falſe Dice, on which the numbers of Five or Nine by any chance could never happen, ſubtilly, falſely, and fraudulently, he then, and there caſt downe, and with the ſame fa • ſe Dice, hee then, and there played, by reaſon of which he the ſaid I. great ſummes of money, in the whole amounting to 41 l. 6 s. and 8 d. of lawfull money of England to the aforeſaid N at that play he then, and there loſt, and thereupon by the aforeſaid N. ſubtilly, fraudulently, and covinouſly was deceived and defrauded; to the damage of him the ſaid I. 50 l. And thereupon hee brings his ſuit, &c.

RIchard Morley complains of Iohn Clarke in the cuſtody of the Marſhall, &c. for that whereas he the ſaid R. (ſuch a day, yeare,Action of the caſe upon trover of a Recog • izance, and place) was poſſeſſed of a certaine writing obligatory; with the ſeale of him the ſaid I. C. ſigned, and (ſuch a day, yeare, and place) before G. D. then Mayor of the City aforeſaid, and I. B. Gentleman, then Clarke, deputed for the taking of acknowledgements of Recognizances of debts in the ſame City, by which the aforeſaid I. C. by the name of J.C. of, &c. acknowledged himſelfe to owe unto the ſaid R. by the name of R. M. of, &c. 200 l. of lawfull money of England to bee paid to him the ſaid R.M. at the feaſt of the Nativity of St. Iohn Baptiſt then next following) as of his proper writing: And he being thereof poſſeſſed, hee the ſaid R. that writing afterwards, to wit (ſuch a day, yeare, and place) out of his hands; and poſſeſſion hee did caſually loſe, and let goe, which ſaid writing ſo loſt, afterwards, to wit (ſuch a day, yeare, and place) to the hands and poſſeſſion of the aforeſaid I. C. by finding came, yet the aforeſaid I. C. knowing the writing aforeſaid, to bee the proper writing of him the ſaid R. and to him the ſaid R. of right to belong and pertaine, plotting, and contriving him the ſaid R. wholly to debarre and exclude from the recovery of the aforeſaid two hundred pound; That writing to him the ſaid R. although afterwards, to wit (ſuch a day, yeare, and place) hee hath beene thereupon required, hee hath not delivered, but that writing to deliver to him the ſaid R. hitherto hee hath altogether refuſed, and the writing aforeſaid, and the profit thereupon comming; afterwards, to wit (ſuch a day, yeare, and place) to his the ſaid I. C. proper uſe and profit hee hath converted, and diſpoſed, to the damage of him the ſaid R. three hundred pound: And thereupon hee brings his Suit, &c.

Tr • ver for a Ring. Sur. I. G. complaines of G. C. in the cuſtody of the Marſhall, &c. for that, that is to ſay, whereas the ſame I. (ſuch a day, yeare, and place) was poſſeſſed of a certaine gold Ring, and one precious Stone, called a Puffyn, ſet and infixed in the ſame Ring, as of his owne proper Ring: And ſo as in other Actions of Trover.

The Defendant pleads he bought it in open Market.AND the aforeſaid G.C. in his proper perſon comes and defends the force and injury when, &c. And ſayes, that the aforeſaid I. ought not to have his action aforeſaid againſt him, becauſe by proteſtation, that the aforeſaid Ring, the aforeſaid time wherein, &c. was worth but ſeven ſhillings, and no more: And that the aforeſaid I. was not thereof poſſeſſed, as of his proper goods, and chattels in manner and forme as the ſame I. above againſt him complaineth: For Plea he ſaith, that the City of London is an ancient City of our Lady the Queen, and of her Progenitors late Kings of England: And that within the ſame City there is had, and from time out of minde there hath been had a certaine publicke and open Market in every open place within the ſame City weekly every day in the week (the Lords day onely excepted) for all manner of perſons to buy and ſell whatſoever matters and merchandizes within the City aforeſaid, in every part of the ſame City in all open places and ſhops of the City aforeſaid, every day in the week (the Lords day onely excepted) from the riſing of the Sunne to the ſetting of the ſame: And that long before the ſaid time, wherein, &c. to wit (ſuch a day and yeare) one R.A. was poſſeſſed of the Ring aforeſaid at the City of London, in the Pariſh of St. Botolphs in the Ward of Alderſgate London: And ſo being thereof poſſeſſed, afterwards, to wit (ſuch a day and yeare) at ſuch a place in the Pariſh and Ward aforeſaid, that is to ſay, about ten of the clocke before noon of the ſame day in a certaine open ſhop there in a certaine place called Little-Britain in the Pariſh and Ward aforeſaid, the ſame Ring then there being ſold to him the ſaid G. for ſeven ſhillings, to him then by the aforeſaid G. paid: By vertue of which ſaid ſale in forme aforeſaid made, the aforeſaid G. was of the Ring aforeſaid poſſeſſed as of his proper Ring: By which he the ſaid G. the Ring aforeſaid the time wherein, &c. to his owne proper uſe and profit, as it was lawfull for him to doe: And this he is ready to aver, whereupon he prayes judgement whether the aforeſaid I. ought to have his action aforeſaid againſt him.

ANne Lady G. complaines of M. N. in the cuſtody of the Marſhall, &c. for that, that is to ſay,Action of the caſe for ſcandalizing of a title. whereas the ſame Lady A. (ſuch a day and yeare) and long before, and continually after hitherto, was ſeized in demeſne as of Fee, of, and in the Mannor of S. with the appurtenances in the County of C. whereof a great peece of Land containing a hundred acres called the Warren is, and time out of minde was parcell: And whereas alſo the ſame Lady A.G. and all they whoſe eſtate ſhe now hath, of, and in the Mannor aforeſaid, with the appurtenances from time out of minde were uſed to have a free Warren of Conies in the aforeſaid hundred acres of Land called the Warren: And the aforeſaid Lady A. of the Mannor aforeſaid, and the aforeſaid hundred Acres of Land called the Warren being ſeized, as aforeſaid, had conference with divers perſons of, and for the ſale of the Mannor aforeſaid, and Warren aforeſaid, with the appurtenances, and thereupon might have had divers great ſummes of money for the Mannor and Warren aforeſaid, yet the ſame M. not ignorant of the premiſes; plotting and contriving her the ſaid Lady A. greatly to diſturbe and vexe: And to bring into ſcandall, and ignominy the right title and intereſt of her the ſaid Lady A. of, and in the Mannor and Warren aforeſaid, with the appurtenances (ſuch a day, yeare, and place) to very many of the faithfull ſubjects of our Lady the Queene, and chiefly to I.P. Eſquire, who had conference with the ſame Lady A. of, and for the purchaſing of the Mannor and Warren aforeſaid, with the appurtenances, and who then intended to buy the ſame Mannor and Warren with the appurtenances of the ſame Lady A. falſely and maliciouſly ſpoke, pronounced and publiſhed that one R.G. then was the true Lord and Proprietor of the third part of the aforeſaid hundred acres of Land and Warren aforeſaid, with the appurtenances: And that ſhe the Lady A.G. had no good right, ſtate, title, or intereſt in the ſame third part of one hundred Acres of Land and Warren aforeſaid: Whereas in truth the aforeſaid R. G. then was not Lord or Proprietor of the aforeſaid third part of the one hundred Acres of Land and Warren aforeſaid, nor of any parcell thereof, but the ſame Lady A. was, and yet is, the true and ſole Lady, and Proprietor of the whole hundred Acres of Land and Warren aforeſaid, with the appurtenances, and thereof ſole ſeized in her demeſne as of Fee. By reaſon of which ſaid falſe ſpeaking, aſſeveration, and publication, the aforeſaid ſtate, title, and intereſt of her the ſaid Lady A. in the Mannor and Warren aforeſaid with the appurtenances, are fallen into great ſcandal and ignominy: And the aforeſaid I. P. who would have given for the Mannor and Warren aforeſaid, with the appurtenances to be purchaſed from the aforeſaid Lady A. two thouſand pounds, and had offered to purchaſe the Mannor and Warren aforeſaid of the ſame Lady A. hath thereupon now refuſed to give any manner of ſumme for the ſame to her the ſaid Lady A. and as yet refuſeth, nor by that meanes can the ſame Lady A. the ſame Mannor and Warren aforeſaid, with the appurtenances, nor any parcell thereof be able to ſell to any perſon for any compleat ſumme of money, to the damage of her the ſaid Lady A. five hundred pounds, and thereupon ſhee brings her Suit, &c.

Action of the Caſe againſt the Bayliffe of a Liberty in the nature of an eſcapeE W. complaines of J. Pelſon Bayliffe of the Liberty of Thomas Wentworth Knight, Lord Wentworth of his liberty of Stepney in the County aforeſaid in the cuſtody of the Marſhal, &c. for that that is to ſay, whereas one R.E. Citizen, &c. was indebted to him the ſaid E.W. in 9 l. 13 s. and 4 d. of lawful money of England for nine pound of black ſtitching ſilk to him the ſaid R E. by the aforeſaid E. W. formerly delivered, to be paid to him the ſaid E.W. upon ſuch a day then next following: And whereas alſo the aforeſaid E.W. for the recovery of the debt aforeſaid, for that the aforeſaid R.E. (the aforeſaid ſuch a day and year) the aforeſaid 9 l. 13 s. and 4 d. to the aforeſaid E. W. had in no wiſe paid or contented out of the Court of her the ſaid Lady, the Queen before her the ſaid Lady the Queen at Weſtminſter in the County of Middleſex had procured a certain precept of her the ſaid Lady the Queene directed to the Sheriffs of Middleſex. By which the ſame Lady the Queen commanded the aforeſaid Sherifs, that they ſhould take the aforeſaid R. E. if &c. And ſafely, &c. So that they might have his Body before our Lady the Queen at Weſtminſter (ſuch a day) to anſwer the aforeſaid E.W. of a Plea of Treſpaſſe. By vertue of which ſaid precept A. Avenon and H. Baskerfield at that time Sheriffs of the ſaid County of Middleſex afterwards to wit, (ſuch a day, and yeare, and place) on the behalfe of our Lady the Queen commanded the aforeſaid I. then Baylife of the Liberty aforeſaid, that he ſhould take the aforeſaid R. E. if, &c. And ſafely, &c. So that he might have his Body before our Lady the Queen at Westminster the aforeſaid Friday next after the Morrow of the holy Trinity to anſwer the aforeſaid E. W. of the Plea aforeſaid. Which ſaid Bayliff, by vertue of the Precept aforeſaid afterwards to wit (ſuch a day and yeare aforeſaid at Mile-end in the aforeſaid County of Middleſex, within the Liberty aforeſaid, took and Arreſted the aforeſaid R.E. And him the ſaid R. E. under that Arreſt by the ſpace of five daies thence next following, he then and there had and kept. And whereas alſo in the aforeſaid Court of our Lady the Queen, held before her the ſaid Queen there was, and time out of minde was had ſuch a Cuſtom that every party appearing a Defendant in the ſame Court under Arreſt of any Sheriff or Miniſter, by vertue of any ſuch like precept, ſhould be bound to anſwer as well the Plaintif in the ſame precept ſpecified, as all and ſingular other the Subjects of our Lady the Queen, complayning againſt ſuch perſon of and in all and ſingular Actions, Suits, and Playnts of Debt or Treſpaſſe, which any ſuch like Subjects of our Lady the Queen, would proſecute againſt any ſuch like Defendant ſo appearing in the ſame Court, yet the aforeſaid I. not ignorant of the premiſes, plotting the aforeſaid E.W. of his debt aforeſayd to defraud, hath neither returned the Warrant aforeſayd of the aforeſayd Sheriff, nor hath brought in the Body of the aforeſaid R E. but the ſame I. afterwards to wit, (ſuch a day, yeare and place) permitted the aforeſayd R.E. to go at large, whether he would, without any appearance had or made in the ſaid Court, he the ſayd E. W. being in no wiſe ſatisfied of his Debt aforeſayd. And the aforeſayd R. E. afterwards fled to places, to the aforeſayd E. W. altogether unknown, by which the aforeſayd, E. W. is wholly defr • uded of the Recovery of his Debt aforeſayd to the damage of him the ſayd E.W. of 20. l. And thereupon he brings his Suit, &c.

T: D. Eſquire Complaines of G. S. in the cuſtody of the Marſhall,Action of the Caſe againſt one for hindring the Steward from keeping Court. &c. for that, that is to ſay, whereas the aforeſaid T. (ſuch a day & year) was ſeiſed & yet remaines ſeiſed in his demeſne as of ſee of and in the Mannor of R. with the Appurtenances Scituate and being at R. in the aforeſaid County of D. And the ſame T. D. and all they whoſe Eſtate the ſame T. now hath of and in the Mannor aforeſaid with the Appurtenances have had and held, and of right ought to have and hold a Court Baron at that Mannor from three weeks to three weeks. By vertue whereof, the aforeſaid T. D. not only diverſe gaines, profits and Commodities, by reaſon of the Court aforeſaid from time to time got and obteyned, but alſo diverſe Neighbourly agreements and friendſhips which between the Tenants and Suitors of the Court aforeſaid, and the aforeſaid T. interchangeably by the keeping of that Court diverſe wayes did increaſe, ariſe, and were preſerved.

And whereas alſo the aforeſaid T. D. (ſuch a day and yeare and place) ſo being ſeiſed of the Mannor aforeſaid with the Appurtenances in his demeſne as of fee intended and endeavoured to hold a certaine Court Baron by one W.M. then being his Stuard of the Mannor aforeſaid, for that within three weeks then laſt paſt, no Court Baron had there been held, and by publick Proclamation in the preſence of E. D. and I. B. Tenants of the Mannor aforeſaid, and of diverſe other Tenants of him the ſaid T. of the Mannor aforeſaid, at that Mannor in the Court there endeavoured to proceed, the aforeſaid G. S. plotting him the ſaid T. D. to hinder from all the profits, advantages, and Commodities of the Court aforeſaid by force and Armes, that is to ſay, with Swords, &c. By contumelious words and threatnings ſuch and ſo great threats of danger of their lives of them the ſaid Steward and Tenants and of mayming them the ſaid Steward and Tenants in their Members, ſo then and there gave out; That the ſame Steward and Tenants durſt not any further to proceed in the ſame Court, there to be held, for feare of thoſe threats, but the ſame Steward and Tenants upon that occaſion were cauſed to depart from the ſame Court, leaving the buſineſſe thereof undone, by which he the ſame T. all the profit, gaine and Commoditie of his Court aforeſaid did wholly loſe and was deprived of, to the damage of him the ſayd T. 100. And thereupon, &c.

Declaration in Treſpas upon the Caſe for cancelling a Bond.A. A. Widdow complaines of R. F. in the Cuſtody of the Marſhall, &c. for that that is to ſay, whereas the aforeſaid A. (ſuch a day and year) at L. &c. had delivered to the aforeſaid R. her certaine writing Obligatory, in which was contained that one I.F. was bound and obliged to her the ſaid A. in 24. l. of lawfull mony of England, to be paid to her the ſaid A. when he the ſaid I.F. ſhould be thereunto required, to be ſafely and ſecurely kept for her the ſaid A. by him the ſaid R. and to her the ſaid A. when he ſhould be thereunto required: yet the aforeſaid R. at London in the Pariſh and Warde aforeſaid, ſuch a day and yeare then next following, the writing obligatory aforeſaid delivered to him the ſaid R. by her the ſaid A. to be ſafely kept and redelivered as aforeſaid, he the ſaid R did maliciouſly break, teare and cancell, to the damage of her the ſaid A. 40 l. And thereupon ſhe brings her Suit, &c.

H. R. complaines of R.C. Inn-keeper of a common Inne,Againſt an Inn-keeper for a Horſe loſt. called the Signe of the George in S. in the cuſtody of the Marſhall, &c. For that, that is to ſay, whereas according to the Law and Cuſtome of the Realm of our Lady the Queen that now is of England, Inn-keepers who hold and keep Common Innes to lodge, and entertaine Men travelling by thoſe parts where ſuch like Innes are and lodgings in them, are bound to keep both by day and night, their goods being within thoſe Jnnes without any diminution or loſſe: So that by default of theſe Inne-keepers or their Servants, no damage ſhould happen or come to their Gueſts by any means. And whereas the aforeſaid R. before the 20th. day of F. ſuch a yeare &c. And the ſame 20th. day &c. held and kept the Common Inne aforeſaid, called the Signe of the George in S. aforeſaid in the County aforeſaid. And him the ſaid H. in the ſame Inne as his Gueſts then and there entertained; And the ſame H. R. then and there one Gelding of a Flea-bitten colour of the price of 8. l. he brought into the Inne aforeſaid with him, which ſaid Gelding the aforeſaid R. in his cuſtody then and there received and had, yet certaine Malefactors unknown to him the ſaid H. afterwards, to wit the aforeſaid 20th. day of F. in the eighth yeare aforeſaid, A. S. aforeſaid the Gelding aforeſaid being under the cuſtody of the aforeſaid R. B. in the aforeſaid Inne then and there found for want good keeping of the ſaid R. B. and his Servants they took and led away againſt the law and cuſtome aforeſaid. Whereupon the ſame H. ſaies, that he is worſted and hath damage to the value of 20. l. And thereupon he brings his Suit, &c.

Caſe againſt an Execution upon the promiſe of the teſtator to pay money at ſeverall dayes where they alledge aſſetts. Hil. 37. Eliz. Roll 935. ISraell Owen complaines of Sara de Bohault Executrix, &c. of John de Bohault a Forrain Merchant lately her Husband deceaſed in the cuſtody of the Marſhall, &c. for that, that is to ſay, whereas the aforeſayd Iſraell (ſuch a day and yeare at London in the pariſh, &c.) had held and delivered to the aforeſaid John Bohault in his life time to the proper uſe and behoof of him the ſaid John 54 Cheſts of powdered Sugar, to the value of 543. l. 6. s. and 11. d. The ſame John in his life time in conſideration thereof, afterwards to wit, the day, yeare, and place aforeſaid, aſſumed upon himſelfe, and to him the ſaid Iſraell then and there faithfully promiſed that he the ſaid John 543. l. 6 s. and 11 d. of lawfull mony of England to the aforeſaid Iſraell in manner and form following, would wel, and faithfully Content and pay, that is to ſay, upon the 17th. day of September in the 35th. yeare of our Lady the Queen that now is aforeſaid then next following the one halfe of the ſayd ſumme of 543. l. 6. s. and 11. d. being 271. l. 13. s. 5. d. ob. parcell of the aforeſaid 543. l. 6 s. and 11. d. And upon the 17th. day of December from thence next following the other halfe of the ſaid ſumme of 543. l. 6 s. and 11. d. being the reſidue; And afterwards, to wit, the 6th. day of August in the 35th. yeare of the Reign of our Lady Elizabeth aforeſaid at London in the Pariſh and Ward aforeſaid, the aforeſaid John de B. made his laſt Will and Teſtament in writing: And by the ſame conſtituted the aforeſaid Sara his Executrix thereof. And afterwards there dyed, yet the aforeſaid Sara the promiſe and aſſumption of the aforeſayd I. de B. ſo as aforeſaid made, little weighing but plotting, and fraudulently intending him the ſaid Iſraell of the aforeſayd 271. l. 13 s. and 5. d. ob. parcell of the aforeſaid 543. l. 6 and 11. d. upon the aforeſayd 17th. day of September in manner as is aforeſayd, to be paid craftily and ſubtilly to deceive and defraud the ſame 271. l. 13 s. and 5. d. ob. after his the ſaid John de B. death in the aforeſaid 17th. day of September in the 35. yeare aforeſaid, to the aforeſaid Iſraell, according to the promiſe and aſſumption of the aforeſaid John de B. in his life time, in manner and form aforeſaid made, ſhe hath not payd, although to do that the ſame Sara afterwards to wit the 18th. day of September in the 35th. yeare aforeſaid at London in the Pariſh, &c. by the aforeſaid Iſraell, ſhe hath been thereunto required; And although alſo ſufficient Goods and Chattells, which were the aforeſaid Iohn de Bohault • , at the time of his death, as well to pay to him the ſaid Iſraell the aforeſaid 271. l. 13. s. 5. d. ob. as all other debts, Funerall Expences and Legacies of the aforeſaid Iohn de Bohault to the hands and poſſeſſion of the aforeſaid Sara, after the death of him the ſaid Iohn de Bohault at London, &c. in the Pariſh &c. came, and as yet in her hands remaine unadminiſtred. By which the ſame Iſraell in his credit towards divers the ſubjects of our Lady the Queen aforeſaid, and chiefly to, &c. is much hurt and made worſe, whereupon he ſaith, that he is dampnified, and hath damage to the value of 466. l. And thereupon he brings his Suit, &c.

To this the Defendant pleads a ſpeciall plene adminiſtravit, That the Teſtator was indebted to another in the ſumme of 2500 l. by Obligation, who commenced Suit againſt her, and had a Recovery in the Town Court of New Windſor. And that ſhe had not Goods over and above, &c. and this pleaded at large with an averment that ſhe as Executrix is the ſame Perſon againſt whom that recovery was had, and not other and diverſe. And that Iohn de Bohault in the Record aforeſayd named, and the aforeſaid I. de B. in the Declaration aforeſaid named one and the ſame Perſon and not other and diverſe, &c.

To this the Plaintiff replies and acknowledges it to be true, that there was ſuch an obligation, and ſuch a Recoverie, but pleads that that Recovery was had by fraud, &c.

The Defendant maintaines his plea and traverſes the fraud, and upon the traverſe the plaintiff takes iſſue, and had a verdict and judgment for 271. l. 13. 5 d. ob. dammages, and 15 l. 19. s. Coſts thereupon recovered. Whereof a Fifa. iſſued for the Dammages of the proper Goods, and a Caſa. for the Coſts and charges after a Devastavit returned upon a Teſtatum Fifa.

H L. complaines of R. D. in the cuſtody of the Marſhall,Declaration: Caſe by way of deceipt in a bargain. &c. wherefore whereas he the ſame H. had ſuch a day, yeare and place, Covenanted and bargained with the aforeſaid R. well and ſufficiently to make, fabricate, and burne for him the ſaid H. 80 thouſand of Bricks for a certaine ſumme of mony, that is to ſay, for 8. l. to the aforeſaid R. before hand paid and afterwards to be paid. And the ſame R. had promiſed and aſſumed upon himſelfe the aforeſaid 80 thouſand of Bricks well and ſufficiently to make, fabricate and burne, and to him the ſaid H. at a certaine day laſt paſt to wit ſuch a day, &c. to deliver, yet the aforeſaid R. plotting the aforeſaid H. craftily and ſubtilly to deceive and defraud, 60 thouſand of the Bricks about the time aforeſaid, he ſo negligently and improvidently he made, fabricated and burnt; That the aforeſaid 60 thouſand of Bricks for want of due making, fabricating and burning of them, would in no manner be ſerviceable for the aforeſaid H. for the doing of the work and buſineſs they were to be employed about, by which the buſineſſe and work of him the ſaid H. is much hindred and worſted, whereupon he ſaith that he is damnified, and hath damage to the value of 40. l. And thereupon he brings his Suit, &c.

MIdd. ſſ. Richard Greſham Knight Citizen and Alderman of London complaines of Thomas Bridges in the cuſtody of the Marſhall,Action of the Caſe for ſcandall of an Alderman of London for ſaying he was an Extortioner, &c. &c. for that that is to ſay; Whereas he the ſame R. is a true loyall and faithfull Subject of our Lord the King that now is, and as a true loyal and faithfull Subject of our Lord the King without any crime of falſitie, deceipt or extortion, or of any other hurtfull crime from the time of his Nativity hitherto he hath governed and behaved himſelfe: And of ſuch unblemiſhed honeſty and converſation hath been reputed and taken amongſt all the faithfull Subjects of our Lord the King unſpotted of any wicked crime of falſity, Theft, Robbery, or Extortion, or of any manner of deceipt; and ſo for the whole time aforeſaid was reputed; As alſo with the moſt excellent and mighty Prince King Henry the 8th by the Grace of God, &c. was ſo taken and judged. And thereupon in diverſe weighty and difficult buſineſſes of him the ſayd Lord the King was uſed and employed in, and into the Office firſt of one of the Sheriffs of London aforeſaid, and next Major of the ſame Citty by occaſion of the premiſes was choſen, and with unanimous, free, and voluntary conſent and friendly election of all the Citizens of the City aforeſaid was eſtabliſhed and conſtituted: and by force thereof the government tutelage and care of the ſaid City and Common-wealth of the ſame under our Lord the King, as a faithfull Deputy of our Lord the King, as Major of that City by a whole yeare from the Feaſt of the holy Apoſtles Simon and Jude in (ſuch a yeare, &c.) unto that Feaſt then next following he took upon him, and had; And by the ſame whole time that City as a faithfull Deputy of our Lord the King he kept and preſerved ſafe and unhurt; As alſo with all the Nobles, Pears, and Privy Counſellors of our Lord the King: And all the great and eminent Perſons of this Realme of our Lord the King, and withall other the Subjects of our Lord the King, of whatſoever ſtate or condition for the whole time aforeſaid, as ſuch a true loyall and faithfull Subject as is aforeſaid, from whatſoever crime of falſity, or extortion to any the Subjects of our Lord the King, hath been accepted and taken to be unſpotted and untouched; yet the aforeſaid T.W. not ignorant of the premiſes, &c. of his own perverſe malicious and wicked will, plotting him the ſaid R. of ſuch his credit, ſtate, honeſty, and reputation, falſely, maliciouſly, ſubtilly, and wickedly to deprive (ſuch a day and yeare) thoſe falſe Engliſh words following to the aforeſaid R. in the preſence and hearing of diverſe ſiege and faithfull Subjects of our Lord the King at W. in the County of Middleſex with great oaths he did ſpeak and pronounce, that is to ſay (you are a Powler and an Extortioner; And the Country (meaning the County of Suffolke) is the worſe by a thouſand pounds for you. And this I will prove) by reaſon of which ſaid falſe, ſcandalous and malicious words, he the ſaid R. is not onely very greatly vexed and grieved in his body, and by disburſing diverſe ſummes of mony for charges and expences about the proſecution of his Suit in that bbehalfe, for the purging of himſelfe of the premiſes is very much damnified: But alſo the ſame R. into very great diſtruſt and infamy, aſwell with our Lord the King and his Councell aforeſayd, as with the Nobles and Pears of this Realm of our Lord the King of England, as alſo with all other the faithfull Subjects of our Lord the King, is by that means brought and fallen into, To the damage of him the ſayd R. 100. l. And thereupon he brings his Suit.

J Fiſher Haberdaſher,Declaration againſt one for frequenting Company with another mans, Wife unlawfully and diſhoneſtly. complains of Richard Waſhington Gent. of of a Plea of Treſpas, upon the Caſe: And whereupon the ſame I. by &c. complaines, that whereas he the ſ • me I. F. by the ſpace of ten years and more, at London in the Art of a Haberdaſhers craft, and other Arts with his Neighbours, and other the liege people of our Lord the King, well and lawfully hath uſed and exerciſed, and by that occaſion, many great gaines, profits, and commodities to himſelfe thereupon, by the time aforeſaid hath gotten and obtained: And hath been of good name, ſame, and eſtimation, as well with all his Neighbours, as with divers other faithfull Subjects of our Lord the King, taken and reputed. By reaſon whereof, many ſuch faithfull Subjects of our Lord the King with the ſame IF. for the time aforeſaid, before othermen, they have had commerce and trading, yet R. the aforeſaid ſufficiently knowing the premiſes plotting him the ſaid I. as well in his Goods, as in his aforeſayd good name and eſtimation to hurt and worſt, and him the ſaid I. to defraud of all ſuch like gaines and profits, which by reaſon of the exerciſing of his Art aforeſaid, by the time aforeſaid he got and obtained, And him the ſaid I. F. into ſo great ſcandall and infamie to bring with all the faithfull Subjects of our Lord the King, that the ſame Subjects of our Lord the King from the company and fellowſhip of him the ſaid I. F. ſhould wholly withdraw and eſtrange themſelves (ſuch a day and yeare, and place, &c. and diverſe other times and ſeaſons between the ſame, (ſuch a day and ſuch a day then next following) did frequently and unlawfully repaire and come to one Elizabeth then, and as yet the Wife of the aforeſaid I.F. at London, &c. And then and there openly in the Shop of him the ſaid I.F. he then and there had unlawfull fellowſhip with the ſame E. And the ſame E. then and there at ſome times by lacivious words, and other deceitfull and flattering glances, and kiſſes, and unchaſte, and diſhoneſt provocations, and by divers other unlawfull wayes and means did in a Deviliſh manner provoke and incite her the ſaid E. to Luxury, and the committing of Adultery with him the ſaid R. And by ſuch his frequent and unlawfull acceſſes and repayres to the aforeſaid E. and the evill behaviour and converſation of him the ſaid R. he the ſaid I. could ſcarſely have her the ſaid E. in the Shop of him the ſaid I.F. openly before the Neighbours of him the ſaid I.F. and al the people there paſſing then and there, at other times for the ſpace, &c. by the aforeſayd R. for that time uſed by his the ſaid R. having brought the ſame E. unto ſo great ſcandall, infamie of the crime of Luxury and Adultery. By reaſon of which, &c. the aforeſayd I. not only all the profit and advantage which he by the aforeſayd E. in managing of his houſhold affairs and other buſineſſes from the aforeſaid (ſuch a day untill ſuch a day) was very likely to have gotten, if the premiſes had not been committed, hath totally loſt, and is deprived of, but alſo he the ſaid I F. is drawne into great ſhame, ſcandall, and infamy, by reaſon thereof: And remaines ſo diſturbed and unquieted in minde, that he about the neceſſary buſineſſes concerning his Art aforeſaid, cannot ſeriouſly and earneſtly intend. And the ſame buſineſſes for the whole time aforeſaid by reaſon of the evill behaviour of the aforeſaid R. as aforeſaid to him the ſaid I. remaine undone: To the damage of him the ſaid I. 100. l. And thereupon he brings his Suit.

E. P. Complaines of R A. Eſquier in the cuſtody of the Marſhall, &c. For that whereas according to the cuſtome of the Realme of our Lady the Queen of England hitherto uſed and approved every one of the ſame Kingdom is bound to keep his fire ſafely & ſecurely day and night. So that for want of good keeping of ſuch like fire, any hurt or loſſe may in any manner happen to any of their Neighbours, yet the aforeſaid R. a Fire in a certaine houſe of his the ſaid R. at E. in the County aforeſaid kept ſo negligently and improvidently that for want of good keeping of his Fire, One Barne of his the ſaid E. as alſo his Goods and Chattells (that is to ſay &c. to the value, &c. in the ſame Barne then and there being, were burnt to the damage of him the ſaid E. &c. And againſt the forme of the Cuſtome aforeſaid. And thereupon he brings his Suit, &c.

A B. Complaines of C. D. in the cuſtody of the Marſhall, &c. for that that is to ſay whereas the aforeſaid Plaintiffe and Defendant (ſuch a day yeare and place) had accompted together between them ſelves of diverſe ſummes of Mony to the aforeſaid A. formerly due, &c. And upon that Accompt the ſame Defendant was found in arrerages towards the aforeſaid Plaintiff in 100. l. Gilders of Flanders mony amounting unto the ſumme of &c. of lawfull mony of England. And being, &c.

WHerefore whereas the ſame Plaintiff had bargained with the aforeſaid Defendant (ſuch a day yeare and place) to buy of him ten Quarters of Malt, the aforeſaid Defendant knowing that Malt to be corrupt and inſufficient to make beare withall, by warranting that Malt to be good and ſufficient to make bear thereof, the aforeſaid Malt to him the ſaid Plaintiff for a certaine ſumme of mony falſely and fraudulently he there ſold, To the damage of him the ſaid Plaintiff 40. l. &c.

STATUTE OF MAYNTENANCE

Declaration up •• the St •••• of 〈…〉 in 〈◊〉 by Origin ••• . M • ch 11, 〈◊〉 6. Roll. 84. JOhn King of London Draper, and Nicholas Bulloyne of London Merchant, were attached to anſwer as well to our Lord the King, as F. N. otherwiſe called, &c. of a Plea, wherefore whereas in the Statute at Weſtminſter lately publiſhed, amongſt other things it is contained, that, No perſon of the Realm of England of whatſoever ſtate, degree, or condition ſoever he were of, ſhould maintaine or uphold in the Country or elſewhere, under the paine of impriſonment, and making fine and redemption to our Lord the King, at the will of every ſuch Lord the King, that is to ſay according to their Eſtate, degree and demerit: And the aforeſaid I. and N. a Plea of Complaint which was in the Court of our Lord the King ••• s City of London, before S. Brown one of the Sheriff of the ſame City without the Writ of him our ſaid Lord the King, according to the Cuſtom of the City aforeſaid, between the aforeſayd F and I Garr • n Merchant of Catalonia, of the debt of 68 l. 10 s. and 6. d. which 〈◊〉 •• me I G. required from the aforeſayd F. at Burton in the Clay, for, and on the part of him the ſayd I. G. have maintained and ſuſtained in the contempt of our ſayd Lord the King, and his the ſayd F. great damage; And againſt the forme of the Statute, &c. And whereupon the ſame F who as well, &c. in his proper perſon Complaines for that, whereas in the Statute at Weſtminſter lately publiſhed, amongſt other things, it is contained, that no perſon of the Realm of England of whatſoever ſtate, degree, or condition he ſhould be of, ſhould maintaine or ſuſtaine any playnt in the Countrey or elſe where, under the paine of impriſonment, and making fine and redemption to our Lord the King, at the will of every ſuch Lord the King, that is to ſay, according to their Eſtate, degree, and demerit, the aforeſayd J. L. and N. (ſuch a day, yeare, and place) the plaint which was in the Court of the Lord the King of his City of London before S. B. one of the Sheriffs of the ſame City, in Guild-hall of the City aforeſayd in the Pariſh of St. Lawrence in the old Jury, in the Ward of Cheap London, without the writt of him the ſaid Lord the King, according to the cuſtom of the City aforeſayd, between the aforeſayd F. and I. G. Merchant of Catalonia of the Debt of 68 l. 10. s. and 6. d. which the ſame I.G. required of the aforeſayd F. at Burton in the Clay, for, and on the part of him the ſayd I G have maintained and ſuſtained, in the contempt of our ſayd Lord the King, and the damage of him the ſayd F. 200. l. And againſt the forme of the Statute aforeſayd; And thereupon he brings his Suit, &c.

AND the aforeſayd Iohn Linge and N. de Boloyre in their proper perſon come and defend the force and injury when,One of the Defendants pleads not guilty and the other a ſpeciall Iuſtification. &c. and all contempt and whatſoever, &c. And the aforeſayd John Linge ſayes, that he is nothing guilty of the mayntenance and ſuſtentation aforeſayd on him in forme aforeſayd impoſed, and of this he puts himſelfe upon the countrey. And the aforeſayd F. in like manner, &c. and the aforeſayd N. ſayes, that the aforeſaid F. ought not to have his Action aforeſayd againſt him, becauſe he ſaith that long before the maintenance aforeſayd was ſuppoſed to be made, the ſame N. was dwelling in the City of London, holding a certaine common Inne in the Pariſh of Saint Georges in the Warde of Billingſ-gate London, for whatſoever Forreigners to that Inne comming and going to lodge and entertaine. And ſayes that the aforeſayd J. Garron long before the ſayd time, of the maintenance aforeſayd • uppoſed, and at the ſame time wherein the ſame maintenance was ſuppoſed to be made, was lodged and entertained in the Inne aforeſayd with him the ſaid N. whereupon he the ſayd I. G. told and reported to him the ſayd N. that he had brought againſt the aforeſayd F. in the G • ild-hall of the City aforeſayd before the aforeſayd S. B. then one of the Sheriffs of the City aforeſayd, the playnt aforeſayd of the debt aforeſayd, deſiring him the ſaid N. that whereas he the ſaid I. was a Stranger, and not knowing how to ſpeak the Engliſh tongue, that he the ſayd N. would go with him the ſayd I. to Guild-hall aforeſaid, to provide him of ſufficient Counſell in the plaint aforeſayd for the debt aforeſayd, and would declare the matter of the ſame plaint to his ſaid Counſell in the Engliſh tongue. Whereupon he the ſayd N. at the requeſt of him the ſayd I. went with him to the Guild-hall aforeſayd, at the time wherein the maintenance aforeſaid is ſuppoſed to be made, and did provide for him the ſaid I. G. Counſell in the plaint aforeſaid of the Debt aforeſaid, and that matter to the ſame Counſell in the Engliſh tongue did declare, deſiring the ſame Counſell that they would adviſe and help the aforeſayd I.G. in that plaint as ſhould be juſt,Traverſe the place. as it was lawfull for him to do, without that that the ſame N. is guilty of the maintenance and ſuſtentation of the plaint aforeſayd of the Debt aforeſayd in the ſayd County of Bedford, in the forme wherein the ſame F. above by his Writ and Declaration aforeſayd above ſuppoſeth; And this, &c. whereupon, &c.

Iſſue upon the traverſe.AND the aforeſaid Playntife ſayes that he ought not by any thing before prealleaged to be debarred from having his Action aforeſayd, becauſe he ſaith that the aforeſayd N. is guilty of the maintenance and ſuſtentation of the playnt aforeſayd, of the Debt aforeſayd in the ſaid County of Bedford, in manner and form as hee the ſame F. above againſt him hath complained: And this he prayes may be enquired of by the Countrey, and the aforeſayd N. in like manner, &c. Therefore the Jury thereupon is to come before our Lord the King, from the day of Saint Martin in fifteen dayes whereſoever, &c. And who neither, &c. To recognize, &c. Becauſe as well, &c. The ſame day is given to the Parties aforeſayd, &c. And the Proceſſe thereupon being contained between the parties aforeſayd by the Jury put in reſpit thereupon between them before our ſaid Lord the King, from the day of St. Hillary in fifteen dayes then next following whereſoever, &c. for want of Jurors, &c. At which day before our Lord the King at Weſtminſter came the parties aforeſayd by their Attorneys aforeſayd, and the Jurors of that Jury being impannelled, and called in like manner,The Entrie of a Verdiction the Statute of Maintenanc • . come, who being choſen, tryed, and ſworn to ſpeak to the truth of and upon the premiſes ſay upon their Oath, that the aforeſayd N. is guilty of the maintenance and ſuſtentation aforeſaid, in the forme wherein the aforeſaid F. above againſt him the ſaid N, complaineth, and they aſſeſſe the damages of him the ſaid F. by the occaſion of the maintenance and ſuſtentation aforeſayd above his coſts and charges, &c. unto 100. l. And for his coſts, &c. unto eight pounds: And further the ſame Jurors upon their Oath aforeſaid ſay, that the aforeſaid I. L. is in nothing guilty of the maintenance and ſuſtentation aforeſaid, &c.

Therefore it is conſidered that the aforeſaid F. recover againſt the aforeſaid N. his damages aforeſaid, as well by occaſion of the maintenance and ſuſtentation aforeſaid, as for his coſts and charges by him about his Suit in that behalfe laid out by the Jury aforeſaid to 108. l. in form aforeſaid taxed, &c. And that the ſame N. be taken, &c. And that the aforeſaid F. be in mercy for his falſe clayme againſt the aforeſayd I. of the maintenance and ſuſtentation aforeſaid, for that the ſame I of the maintenance and ſuſtentation aforeſaid, by the Jury aforeſaid above ſtands acquitted: And that the ſame I. L. go without day, &c. Afterwards, to wit the ſecond day of June in the eleventh year of the Raign of our Lord the King that now is the aforeſaid N. is committed to the Marſhall, &c. for the damages aforeſaid, there to remain untill the aforeſaid F. of thoſe damages ſhall be fully ſatisfied, and that he ſhall have made his Fine to our Lord the King in that behalfe, &c.A remittiter entered. Afterwards, to wit, the eleventh day of July (ſuch a yeare) came the aforeſaid F. before our Lord the King at Weſtminſter, in his proper Perſon, and freely remits and releaſes his damages aforeſaid, as alſo all manner of execution which againſt him by reaſon of the premiſes, he either hath or may have: Therefore it is conſidered that the aforeſaid N. go without day, &c.

AND the aforeſaid Defendant ſayes,Iuſtification in Maintenance as for a ſervant. that he at the time of the levying of the plaint aforeſaid: And before the levying of the ſame Action, and before the maintenance aforeſaid ſuppoſed to be made, and at the time of the maintenance aforeſaid ſuppoſed to be made, was a Companion of the Society of Lincolnes Inne London, in the Ward of Farington, without which ſaid Society is a certaine Society of Men of the Courts of the Temporall Lawes, and of Counſellors of the aforeſaid Lawes, & from time out of mind hath ſo been: And that he before the levying of the playnt aforeſaid, and before the maintenance aforeſaid ſuppoſed, and at the time of the maintenance aforeſaid ſuppoſed, was, and yet is a Counſellor learned of and in the Law aforeſaid: And ſayes that he at and by the requeſt of the aforeſaid I. B. and W. T. in the Bill aforeſaid named before the maintenance aforeſaid ſuppoſed was reteyned at F. in the County of B. to be of Counſell with them the ſaid I and W. in the Bill aforeſaid named, Taking therein for his Counſell as then and there between them was agreed: By virtue of which Reteynder the ſame B was of Counſell of the aforeſaid I and W. as well in the matter in the plaint aforeſaid contained, as in all other their Law matters, and them counſelled according to the beſt of his underſtanding, knowledge, and conception of the Law, at the time of the maintenance aforeſayd ſuppoſed, and had Communication with other perſons of their Counſell, and them he requeſted and laboured to be of their Counſell, as it was lawfull for him to do, which is the ſame maintenance whereof the aforeſaid Plaintiffe in his B • ll aforeſaid complaines. Which all and ſingular the ſame Defendant is ready to averre. Whereupon he prayes judgement whether the aforeſaid Plaintiffe ought to have his Action aforeſaid againſt him, &c.

The Plaintife ſayes that the Defendant was a Lay man, and not a Counſellor.AND the aforeſaid A. ſayes, that he by any thing before prealleadged ought not to be debarred from having his Action aforeſaid, becauſe he ſaith, that at the time of the maintenance aforeſaid, the aforeſaid Defendant was a Lay man and not a Counſellor learned of and in the Law aforeſaid, as the aforeſaid Defendant hath above alleadged: And this he prayes may be enquired of by the Countrey: And the aforeſaid Defendant in like manner, &c.

Iuſtification in mayntenance as an Attorney, by warrant of Attorney.AND the aforeſaid I. B. in his proper Perſon, comes and having heard the Bill aforeſaid defends the force and injury when &c. and all contempt, and whatſoever, &c. by Proteſtation that the Bill aforeſaid containeth not in it ſufficient matter to enforce him the ſayd I. to anſwer the ſame matter, for Plea he ſaith that he preſumeth not that our Lord the King will impeach or moleſt him the ſaid I. of the maintenance aforeſaid by occaſion of the Bill aforeſaid, becauſe he ſaith that the aforeſaid R.P. before the time wherein the maintenance aforeſaid was ſuppoſed to be made, that is to ſay (ſuch a day and year) in the Court of our Lord the King, before him the ſaid King at Weſtminſter the aforeſaid plaint, then depending in the ſame Court by Writ of Attaint, by a certaine Warrant of Attorney, reſiding here in Court, conſtituted, and ordained, and put in his place him the ſaid I.B. to proſecute for him the ſaid R.P. the aforeſaid Writ of Attaint, or to gaine or looſe in that plaint, and the ſame I. B. was to this admitted by the ſame Court, as it appears here in the ſame Court amongſt the Warrants of Attorney of the Term of the Holy Trinity in the 34th yeare aforeſayd: By which the ſame I.B. the ſaid Writ of Attaint for the aforeſaid R. P. proſecuted and for him the ſaid R. P. apeared in the ſame plaint as Attorney of him the ſaid R. P. by vertue of the Wa •• ant aforeſaid the ſaid time wherein, &c. as it was lawfull for him to do, which ſaid proſecution and appearance, are the ſame maintenance whereupon the ſaid Lord the King proſecutes his Action: And this he is ready to averre as the Court &c. whereupon he preſumeth not that the ſaid Lord the King him the ſaid I. B. of the maintenance aforeſaid by occaſion of the Bill aforeſaid in this caſe will impeach or moleſt, and prayes that he may be quietly therefrom diſmiſſed, &c.

And the aforeſaid R. F. by G.L. his Attorny comes and defends the force and injury when &c. and all contempt, and whatſoever,Iuſtification in Maintenance by cauſe of Conſanguinitie. &c. And ſayes that the aforeſayd W. C. ought not to have his action aforeſayd againſt him, becauſe he ſaith that he the ſame R. F. is, and the ſayd time wherein the Maintenance aforeſaid was ſuppoſed to be made, was Coſen of the aforeſaid R. M. that is to ſay, Son of Margaret Siſter of Alice, mother of the aforeſaid R.M. for whoſe part the aforeſaid W.C. ſuppoſeth him the ſaid R.F. to have maintained the plaint aforeſaid. And the ſame R. F. ſayes further that the aforeſaid R. M. for whoſe part, &c. before the ſaid time wherein the maintenance aforeſaid was ſuppoſed to be made at S. aforeſaid came unto him the ſayd R. F. and requeſted him the ſaid R. F. that he the ſaid R. F. would procure a certaine man learned in the Law of the Land to be of Counſell of him the ſaid R. M. in the playnt aforeſaid. And that the ſame R. M. would well and ſufficiently reward him for his Counſell. By virtue of which requeſt he the ſaid R.F. the ſaid time wherein the maintenance aforeſaid was ſuppoſed to be made at S. aforeſaid came unto one E. L. learned in the Law of the Land, and requeſted him the ſaid E. that he would be of Counſell with him the ſaid R. M. in the playnt aforeſaid, and told him the ſaid E. that the aforeſaid R.M. would well and ſufficiently reward him the ſaid E. for his Counſell; Which ſaid coming to the aforeſaid E. requeſting and ſpeaking to him the ſaid E. out of the cauſe aforeſaid, are the aforeſaid maintenance, whereof the aforeſaid W. C. brings his action aforeſaid; And this, &c. as the Court, &c. Whereupon he prayes judgment whether the aforeſaid W.C. ought to have his Action aforeſaid againſt him, &c.

And the aforeſaid W. C. not acknowledging that the aforeſaid R.F. is a Coſen of the aforeſaid R. M. in the form wherein the ſame R. F. above ſuppoſeth,The Plaintife replies that the Defendant gave money to the Iurors of his own to give a Verdict. for Plea he ſaith that he by any thing before alleadged, ought not to be debarred from having his Action aforeſaid, becauſe he ſaith that the aforeſaid R. F. the ſaid time wherein the maintenance aforeſaid was made, at S. aforeſaid, gave o • his own proper Money to one I. P. 6 s. 8 d. being one of the Jurors who were impannelled on the aforeſaid Writ of Novell deſſeiſin to be arraigned, and before the aforeſaid I. P. and R. L. Juſtices of Aſſizes of our Lord the King in the County aforeſaid aſſigned to be taken, returned between the aforeſaid R. M. and the aforeſaid W.C. the now Plaintiff. And unto T. R. 3 s. and 4 d. another of the Jurors on the aforeſaid Writ of Aſſize of Novel deſſeiſin in like manner impannelled, and before the aforeſaid Juſtices between the ſame parties in the playnt aforeſaid named to ſpeak their verdict with the aforeſaid R.M. in the ſame plaint. Which ſaid gifts are the ſame mayntenance upon which the ſame W. C. conceiveth his action aforeſaid: And this &c. as the Court &c. whereupon he prayes judgment, &c.

And the aforeſaid R.F. ſayes that he gave not of his own proper mony to the aforeſayd I.P. the aforeſaid 6 s. and 8 d. nor any penny thereof, nor to the aforeſaid T.R. the aforeſaid 3 s. and 4 d. nor any penny thereof, to ſpeak their verdict for the aforeſaid R. M. Defendant in the playnt aforeſaid, as the aforeſaid W.C. above by pleading hath alleadged. And of this he puts himſelfe upon the Countrey; And the aforeſaid Plaintiffe in like manner, &c.

AND the aforeſaid T.W. by L.D. his Attorney comes and defends the force and injury when &c. and all contempt and whatſoever. &c. And ſayes that the aforeſaid I. H. ought not to have his Action aforeſaid againſt him, becauſe he ſaith that the aforeſaid I. W. the ſaid time wherein, &c. and long before and after was the ſervant of him the ſaid T. W. reteyned with him in the ſervice of a Common Labourer at D. in the County of R. And further ſaith that the aforeſaid I. W. for whoſe part, and long before the ſaid time wherein the maintenance aforeſaid was ſuppoſed to be made at D. aforeſayd, came unto him the ſaid T.W. and requeſted him that he in the name of him the ſaid I.W. would ask a certaine man learned in the Law of the Land to be of Counſell with him the ſaid I.W. in the plaint aforeſaid: And that the ſaid I.W. would well and ſufficiently reward him for his labour. By virtue of which requeſt, the ſame T.W. the ſaid time wherein the maintenance aforeſaid is ſuppoſed to be made at W. in the County of Middleſex came unto one W. F. a learned man in the Law of the Land and asked him the ſaid W.F. to be of Counſell with him the ſaid I. W. in the plaint aforeſaid, and told him the ſaid W.F. that the aforeſaid. I. W. him the ſaid W. F. would well and ſufficiently reward him for his labour: Which ſaid comming to the aforeſaid W.F. asking and ſpeaking to him the ſaid W. F. out of the Cauſe aforeſaid, are the aforeſaid maintenance, whereof the aforeſaid I. H. above complaines: And this, &c. whereupon, &c.

AND the aforeſaid I. H. ſayes,The Plaintife replies be was not his ſervant. that he by any thing before alleadged, ought not to be debarred from having his Action aforeſaid, becauſe he ſaith that the aforeſaid I. W. the ſaid time wherein, &c. was not the Servant of him the ſaid T W. now retained in Service with him the ſaid T.W. as the ſame T.W. above by pleading hath alleadged, and this he prayes may be enquired of by the Countrey, and the aforeſaid Defendant in like manner, therefore Command is given to the Sheriffe that he cauſe to come before our Lord the King at W. (ſuch a day) twenty foure as well Knights, &c. of the Viſenage of D. aforeſaid by whom &c.

SVffolk ſſ. T. A. who proſecutes as well for our Lady the Queen is for himſelf,Declaration upon the Statute of mayntenance for buying of a title of Land. complaines of John Calfe in the cuſtody of the Marſhall, &c. of a plea that he render to her the ſayd Lady the Queen, and the aforeſaid T. A. two hundred marks for the value of one Meſſuage and eight Acres of Land Scituate and lying in the fields of C. in the County of Suffolk, which to them the ſaid Lady the Queen, and the aforeſaid T. he owes and unjuſtly detaines, for that that is to ſay whereas in the Statute in the Parliament of our Lord King Henry the 8th. late King of England, Father of out Lady the Queen that now is at Westminſter in the County of M. the 28th. day of Aprill in the 11th. yeare of his Raign held and there begun, and from thence unto the 23 day of July then next following by diverſe proroguings then and there held, amongſt other things it was enacted that no perſon or perſons of whatſoever ſtate, degree, or condition ſoever they ſhould be of, who ſhould from thence following, bargain, buy, or ſell, or by any wayes obtaine, gaine, or have any right or title, of any perſon or perſons in or to any Mannors, &c. (And ſo recite the Statute untill) One Moyetie of the ſaid forfeitures to be to her the ſaid Lady the Queen, and the other Moyety to the party who thereupon ſhould proſecute in any of the Courts of our Lady the Queen of Record, as in the Statute aforeſaid, amongſt other things more fully is contained, yet the aforeſaid I. little weighing the Statute aforeſaid, nor ſeating the puniſhment contained in the ſame, the 24 day of June in the 4th. yeare of our Lady the Queen, one Meſſuage and eight Acres of Land with the Appurtenances in C. at C. in the County aforeſaid of one R.F. by him the ſayd I. then and there paid, and afterwards to be payed, bought, obtained and had to him and his Heirs for ever: knowing that the ſame R. F. nor any of his Anceſtors had any right or claime to the aforeſaid Meſſuage, and eight Acres of Land with the Appurtenances, nor were thereupon ever poſſeſſed of the ſame Meſſuage and eight Acres of Land nor of any reverſion or remainder thereof. And knowing alſo that he the ſame R. F. received not the Rent or profit thereof by the ſpace of one whole year next before the ſaid bargain grant and proviſion ſo between them as is aforeſaid made; Which ſaid Meſſuage and eight Acres of Land aforeſaid with the Appurtenance, are worth to be ſold two hundred Marks at the leaſt. By which the Action accrued to her the ſaid Lady the Queen, and to the aforeſaid T. A. to require and have of the aforeſaid I. the aforeſaid two hundred Marks for the value of the Meſſuage and the aforeſaid eight Acres of Land with the Appurtenances, yet the aforeſaid I. although often required, &c. the aforeſaid two hundred Markes to her the ſaid Lady the Queen, nor to the aforeſaid T. hitherto he hath not paid, but the ſame to them the ſaid Lady the Queen, and to the aforeſaid T. hitherto to pay he hath denied, and as y • t denieth, and the ſame to them the ſaid Lady the Queen, and the aforeſaid T. as yet unjuſtly detaineth. Whereupon he ſaith that he is worſted and hath damage to the value of 200 s. And thereupon aſwell for our Lady the Queen as for himſelfe be brings his Suit, &c.

The Defendant pleads he bought not the Land againſt the forme of the Statute.AND the aforeſaid I P. by T.S. his Attorney comes and defends the force & injury when, &c. and all contempt & whatſoever, &c. And by Proteſtation not acknowledging any thing in the Declaration aforeſaid ſpecified to be true, for Plea he ſaith that the ſame I. bought not obtained, or had to him and his Heires of the aforeſaid R. F. the aforeſaid Meſſuage and 8 Acres of Land with the Appurtenances againſt the form of the Statute aforeſaid, in manner and form, as he the ſame T. above, by his Declaration alleadgeth, and of this he puts himſelfe upon the Countrey. And the aforeſaid T. A. who as well proſecutes for our Lady the Queen, as for himſelfe in like manner, &c.

Vpon the Statute of Mayntenance, where the Defendant took promiſe to have parcell of the Land.Declar. (as before) yet the aforeſaid R. little weighing the Statute aforeſaid after the publiſhing the Act aforeſaid, to wit (ſuch a day and yeare) at Derby for a certaine ſumme of money, between him the ſaid R and one W. L. of C. in the County of W. Yeoman, agreed upon, took of the ſame W. a promiſe to have the Moyetie of eight Meſſuages, three Cottages, and twenty Acres of Land, with the Appurtenances in Derby, of which ſaid Moyetie of the ſame Tenements, with the Appurtenances, the aforeſaid W. or any of his Predeceſſors, or he by whom the ſaid W. clayms the ſame Moyetie with the Appurtenances, was not, nor were not in poſſeſſion, nor ſeiſed of the ſame in Reverſion or Remainder, nor did receive or recovered the Rent or profits thereof, by the ſpace of one whole yeare next before the promiſe aforeſaid thereupon made. And the ſame W. B. ſayes that the aforeſaid R. D. the aforeſaid time of the promiſe of the Moyetie of the Tenements aforeſaid with the Appurtenances in form aforeſaid, made known that the aforeſaid W. L. or any of his Anteceſſors, or thoſe by whom the ſame W. claimes the ſame Moyetie, was not, nor ever were in poſſeſſion, nor ſeiſed of the ſame Moyetie with the Appurtenances in Reverſion or Remainder, nor did receive or received the Rents or profits thereof by the ſpace of one whole yeare next before the promiſe thereupon made. And further the ſame W. ſayes that the true and entire value of the Moyetie of the Tenements aforeſaid with the Appurtenances, in manner and forme of the aforeſaid promiſe in the aforeſaid time of the ſame promiſe, did amount to the ſumme of 200. Marks: By which the Action did accrue to him the ſaid W. who as well, &c. to require and have of the aforeſaid R. for the aforeſaid Lady the Queen, and for himſelfe the aforeſayd 200 Marks, the value of the Tenements aforeſaid, with the Appurtenances againſt the forme of the Act aforeſaid, so promiſed, yet the ſaid R. although often required, the aforeſaid 200 Marks to him the ſaid W. who as well. &c. he hath not as yet rendered, but the ſame him to render hitherto hath denied, and as yet denyeth; Whereupon the ſame W. who as well &c. ſayes that he is worſted, and hath damage to the value of twenty pounds, and thereupon he brings his Suit, &c. And the aforeſaid R. by D.C. his Attorney comes and defends the force and injury when, &c. and by Proteſtation in that the aforeſaid W. was in poſſeſſion of the aforeſaid Moetyie of the Tenements aforeſaid with the Appurtenances, and receaved the Rents and profits thereof, by the ſpace of the aforeſaid one whole yeare next before the aforeſaid one and twentieth day of July in the ſixth yeare aforeſaid. By proteſtation alſo that the true and entire value of the aforeſaid Moyetie of the Tenements aforeſaid with the Appurtenances the aforeſaid one and twentieth day of July did not amount to the aforeſaid ſumme of two hundred Marks. For Plea the ſame R. ſaith, that he took not of the aforeſaid W. L. the promiſe to have the Moyetie of the Tenements aforeſaid with the Appurtenances againſt the forme of the Statute aforeſaid, as the aforeſaid W. B. by his Declaration aforeſaid above againſt him ſuppoſeth. And of this he puts himſelfe upon the Countrey, and the aforeſaid W. B. in like manner, &c.

Declaration upon the Statute of ſcandall mayntenance of 2 Richard the 2.

Damage recovered by the Biſhop of Wineſter, againſt T. Iones upon this Action.

See Trin. 2 H. 8. rol 30.

The like Eaſter 7 Hen. 8. Rol. 43.

SƲff. T. Lucas late of London Gent. was attached to anſwer Edward D •• e of Buckingham of a Plea, Wherefore whereas in the Parliament of our Lord King Richard the ſecond, late King of England after the Conqueſt held at Glouceſter, in the ſecond yeare of his Raign, publiſhed, • mongſt other things it is ordained and ſtrictly prohibited, none ſhould be ſo bold as to affront, ſpeak againſt or defame the Prelates, Dukes, Earles or Barons of his Realme of England, nor of the Chancellor, Treaſurer or Clerk of the private ſeale, Steward of his houſe-hold, Juſtices of our Bench nor of other great Officers of the Kingdome aforeſaid by any falſe newes, lies, or any the like falſe ſcandals, whereby any ſcandall or diſcords within the aforeſaid Kingdome may ariſe; And that whoſoever ſhould do this, ſhould have and incurre the puniſhment otherwiſe thereupon ordayned by the Statute of Westminſter the firſt, as in the ſame Statute more fully is contained, yet the aforeſaid T. L. little weighing the aforeſaid Statute, divers falſe and horrible lyes of the aforeſaid Duke, then being one of the Peares of this Kingdome at Rasbie ſcandalouſly ſpoke and reported, and in Engliſh words publickly publiſhed the words ſubſcribed in Engliſh following, that is to ſay (That the ſaid Thomas ſaid, that he ſet not by the Duke two pence, and that the ſayd Duke hath no more conſcience then a Dog, and ſo the ſaid Duke may have goods he force not how he come thereby) Whereby great ſcandall and diſcord to him the ſaid Duke then there within the ſaid Kingdome might ariſe, in contempt of our ſaid Lord the King that now is, and to the dammage of him the ſaid Duke one thouſand pounds, and againſt the forme of the Statute aforeſaid, &c And whereupon the ſame Duke by I.C. his Attorney ſayes, &c. that the aforeſaid T. Lucas the Statute aforeſayd little weighing (ſuch a day and yeare) diverſe falſe and horrible lyes of the aforeſaid Duke then one of the Peares of this Kingdome being at R in the County of Suffolk aforeſaid ſcandalouſly ſpoke and reported, and in Engliſh words publickly publiſhed the words ſubſcribed in Engliſh following, that is to ſay (that &c.) Whereby great ſcandall and diſcord to him the ſaid Duke then there, within the ſaid Realme, might ariſe in the contempt of our Lord the King that now is, and to the damage of him the ſaid Duke one thouſand pounds, &c. And againſt the forme of the Statute aforeſaid, and thereupon he brings his Suit, &c.

HErtf. ſſ. Richard Warnecomb lately of &c. under-Sherife of T.C. Eſquier, Sherife of the County aforeſaid,Declaration upon the Statute of 23. Hen. 6. againſt Extorrion in any Sherifs, &c. Mich. 2 • . Hen. 8. Rollo. 358. was ſummoned to anſwer I. E. who proſecutes as well for our Lord the King, as for himſelf, of a Plea that he render him forty pound which he owes him, and unjuſtly detaines, &c. And whereupon the ſame I. E. who proſecutes for our Lord the King in that behalfe, for the ſame Lord the King ſayes that, Whereas in the Statute in the Parliament of our Lord King Henry the 6th. late King of England held at Weſtminſter in the 23th. yeare of his Raign, amongſt other things it is ordained and eſtabliſhed that no Sherife, underſherife, Baylife of any Liberty or franchiſe, or any other Baylife, by occaſion or colour of his Office, ſhould take any other thing by them &c. (and ſo recite the Statute:) And that all Sherifes, under-Sherifes, Bayliffs of liberties, or other Bayliffes; or any other Officers or Miniſters who ſhould do contrary to the Ordinance aforeſaid, or any the Articles in the ſame ſhould looſe to the party grieved in that behalfe, his damages to the trouble, and ſhould forfeit the ſumme of fortie pound, each Sherife wherein he or any of them ſhould do contrary to the Ordinance aforeſaid. Whereof the Lord the King was to have one Moyetie to the uſe of his houſhold and no other wayes, and to him who in that behalfe will proſecute another moyetie thereof, as in the ſame Statute more fully is contained: yet the aforeſaid Defendant little weighing the aforeſaid Statute (ſuch a day and yeare) then being under-Sherife of the County aforeſaid at (ſuch a place) by colour of his Office aforeſaid, took Extortiouſly of one I. D. by the hands of one R. W. (for the making and returning of a certaine pannell upon a Writ of Venire facias, at the Suit of the aforeſaid I. D. againſt R. H. and others in the ſame Writ contained in a Plea of treſpaſſe proſecuted) thirteen ſhillings and foure pence againſt the forme and effect of the Statute aforeſaid, by which the Action accrued to the ſaid Lord the King to require and have of the aforeſaid Defendant the aforeſaid forty pound, yet the aforeſaid Defendant allthough often required, &c. the aforeſaid forty pounds to the ſaid Lord the King, he hath not as yet rendered it, but the ſame to him hitherto to render he hath denyed, and as yet doth denie. Whereupon &c.

The Defendant pleads that he took not againſt the form of the Statute.AND the aforeſaid Defendant by W.C. his Attorney, comes, &c. and ſayes our aforeſaid Lord the King him the ſaid Defendant by occaſion of the premiſes, in an thing to impeach or trouble ought not, becauſe he ſaith that he took not of the aforeſaid I. D. the aforeſaid thirteen ſhillings and foure pence againſt the forme of the Statute aforeſaid, as the aforeſaid I. C. for our Lord the King aforeſaid above hath alleaged. And of this he puts himſelfe upon the Countrey; And the aforeſaid I. which, &c. for our Lord the King, in like manner, &c. Therefore, &c.

VVITHERNAM.

WIlts. ſſ. Command was to the Sheriffe as it was often commanded him,Entries of a Plure Replegiare. that inſtantly and without delay he ſhould cauſe to be replevyed to R. D. his cattell which E.P. I. D.W.S. and W. W. took and unjuſtly detained, or that he ſhould be before our Lady the Queen in eight dayes of Saint Hillary laſt paſt, whereſoever,The Sherife returnes the cattell were ſo farre off remved, &c. &c. to ſhew wherefore the command of our Lady the Queen, ſo oftentimes thereupon to him directed, he had contemned, and the ſame Sherife to her the ſaid Lady the Queen, at that day returned that the Cattell aforeſaid were removed afarr off to a place unknown unto him, by the aforeſaid E.P. & others, ſo that he could not have the view of them. Therefore command was to the ſame Sherife,The entrie of a Withernam and Pone. that of the cattell of the aforeſaid E P. and others in his Bailywick he ſhould take in Withernam, and the ſame to the aforeſaid R.D. he ſhould cauſe to be delivered, to be held to him untill the aforeſaid E. and others would deliver the cattell aforeſaid; and in what manner he ſhould have executed the ſame precept he ſhould make known to our Lady the Queen, from the day of Eaſter in fifteen dayes, whereſoever, &c. The returne of the Writ. Command was alſo to the ſame Sherife that if the aforeſaid R.D. should make him ſecure of proſecuting his Complaint, as alſo of returning the cattell aforeſaid, if the returne thereupon should be adjudged, then he should put by ſure and ſafe pledges the aforeſaid E.P. and others, that they ſhould be before our Lady the Queen at the aforeſaid Term, to anſwer the aforeſaid R. D. of the taking and detaining of the cattell aforeſaid. At which day before our Lady the Queen at Westminſter came the aforeſaid R. D. by M. Moſeley his Attorney; And the Sherife returned that the aforeſaid R. D. had made him the ſaid Sherife ſecure of proſecuting his Complaint aforeſaid, and of the returne of the cattell aforeſaid, if the returne hereupon ſhould be adjudged, and that the aforeſaid E.P. is attached by Pledges of W.P. and G.G. as alſo that the aforeſaid, I.T. W.S. and W.W. hath nothing within his Baily-wick whereby they can be attached. The ſame Sherife alſo returnes that he the 24th. of March in the one and twentieth year of the Raign of our Lady E. now Quen of England took in Withernam two horſes, whereof one is of Colour white, and the o • her very gray, and three Ma •• s, whereof one is of a bay Colour, another of a Gray colour, and another of a daple Gray, and eighteen Sheep of the Cattell of the aforeſaid E.F. and others, and the ſame to the aforeſaid R. D. he hath cauſed to be delivered, to be held unto him untill the ſaid E. and others the cattell aforeſaid formerly taken they will deliver, as it was commanded unto him, and the aforeſaid E. P. and others the fourth day of the plea being ſolemnly called by R. Beſt their Attorney in like manner came, upon which the aforeſaid D. declaring aganſt the aforeſaid E. P. and others, complaines that they (ſuch a day and yeare) at Lockeridge in the Pariſh of Fifeeld in the County aforeſaid in a certaine place there called the Common Field, took the cattell of him the ſaid Robert, that is to ſay ſix Geldings of the price of 24. l. and them unjuſtly detained againſt Sureties and Pledges, &c. Whereupon he ſaith he is worſted, and hath damage to the value of forty pounds, And thereupon he brings his Suit, &c.

Judgement for the Plaintiff in a Replevin upon a Demurrer in Law. Eaſter 30. Eliz. Rot. 196. THE Plaintiff declares, and the Defendant pleads in acknowledgment, &c. and the Plaintiff pleads in Bar, and the Defendants rejoines to the Bar, and thereupon the Plaintiff demurs in Law, and they join in Demurrer, and Judgment was had for the Plaintiff as followes. (Becauſe as yet, &c. at which day before our Lady the Queen at Weſtminſter came the parties aforeſaid by their Attorneys aforeſaid. Vpon which all and ſingular the premiſes being ſeen heer, and by the Court here fully underſtood, and mature deliberation being thereupon had, for that that it ſeemes to the Court of our Lady the Queen here that the Plea aforeſaid by the aforeſaid Defendants above pleaded, and the matter in the ſame contained are not ſufficient in the Law to have returne of the cattell aforeſaid, or to debarre him the ſaid Plaintife from having his Action aforeſaid againſt the aforeſaid Defendants, It is conſidered that the aforeſaid Plaintife ought to recover his damages againſt the ſame Defendants by occaſion aforeſaid. But becauſe it is not known to the Court of our Lady the Queen here what damages the aforeſaid Plaintife hath ſuſtained by occaſion of he premiſes, therefore it is commanded to the Sherife, that by the Oath of honeſt and lawfull men of his County he diligently enquire what damages the aforeſaid Plaintife hath ſuſtained, as well by occaſion of the premiſes, as for his Coſts and Charges,A writ of Enquiry of Damages awarded by him about his Suit, in that behalfe layd out. And the Inquiſition which he ſhall thereupon make to our Lady the Queen from the day of Eaſter, in fifteen daies, whereſoever, &c. under the Scale, &c. and Seales, &c. he ſhall ſend, together with the Writ aforeſaid, to him thereupon directed: The ſame day is given to the aforeſaid Plaintiff here, &c. At which day before our Lady the Queen at Weſtminſter, came the aforeſaid Plaintiff by his Attorney aforeſaid, and the Sheriff to wit P. T. Eſquire, returned a certain Inquiſition taken before him at G. in the County aforeſaid, the tenth day of Aprill, in the thirtieth yeare of our Lady the Queen that now is, by which it is found that the aforeſaid Plaintiff had ſuſtained Damages by occaſion of the Premiſſes, beſides his Coſt and Charges, &c. to ſix and twenty ſhillings and eight pence, and for thoſe Coſts, &c. unto twelve pence; therefore it is conſidered, that the aforeſaid Plaintiff ſhould recover againſt the afore-Defendant his Damages aforeſaid, by the Inquiſition aforeſaid,The Judgment for the recovery of the damages. in form aforeſaid aſſeſſed, as alſo ſixteen pounds for his Coſts and Charges aforeſaid, to him the ſaid Plaintiff by the Court of our Lady the Queen here of his aſsent of increaſe adjudged, which Damages in the whole amount unto ſeventeen pounds ſeven ſhillings and eight pence. And the aforeſaid Defendants in mercy, &c.

E. D. by his Attorney, Withernam, and Retorno Habendo in one writ. offereth himſelfe the fourth day againſt I. M. Gentleman, of a Plea wherefore he took the Cattell of him the ſaid E. and them unjuſtly detained againſt Sureties and Pledges, and he came not, and was ſought for; Therefore it is conſidered of, that the aforeſaid I. ſhould go without day, and the aforeſaid E. and his Pledges of proſecuting, to wit John Doe, and Richard Roe ſhould be in mercy, and the aforeſaid I. ſhould have returne of his Cattell aforeſaid, &c. and in what manner that Writ ſhould be executed, he ſhould make known to the Keepers, &c. from the day of Saint Martin, in fifteen daies; At which day before the Keepers, &c. at Weſtminſter, came the aforeſaid I.M. in his proper perſon: And the Sheriff, to wit W. N. Eſquire returned the Writ aforeſaid, in all things ſerved and executed in theſe words. The Cattell formerly taken, and in this Writ mentioned to the within named I. M. I could not return, therefore by virtue of the ſame Writ, I have taken in Withernam, of the Cattell of the within named E. that is to ſay, ſix and twenty Ewes, to the value of the Cattell within mentioned, formerly taken, and the ſame to the within named I. M. I have cauſed to be delivered, to be held untill the ſame I. ſhould have return of the Cattell aforeſaid, by him formerly taken; and the aforeſaid E. is attached by the Pledges, I. D. and I. F. afterwards, to wit on Friday next, after fifteen daies of the holy Trinity, then next following, before, &c. at Weſtminſter, came the aforeſaid E. in his proper perſon, and rendred himſelfe to the Priſon, &c. who by occaſion of the Premiſes is committed to the Marſhall, &c. and, he praies that he may be admitted to the making of his Fine, with the Keepers, &c. by occaſion of the contempt aforeſaid; And he is fined by the Court of the Keepers, &c. to three ſhillings and foure pence, which by commandement of the Court here he payed to D. W. Coroner and Attorney of the Keepers, &c. in the Court of the Keepers &c. before, &c. for neceſsary Reparations in the Court here to be made and done, therefore the ſame E. is to be thereof quit: And upon this before, &c. at VV. came S. C. and R. S. and became Pledges, and each of them became Pledge for the aforeſaid E. as well for the Proſecuting his Complaint, as of the Cattell aforeſaid, which to the aforeſaid I. M. in the Court here before, &c. were adjudged by the default of him the ſaid E. to be returned, if the return of them ſhould be adjudged, each of the Pledges aforeſaid, under the pain of ten pounds, which ſaid Sum of ten Pounds, the Pledges aforeſaid, and either of them by himſelfe acknowledges to be made of his Lands and Chattels, and to the uſe of the aforeſaid I. to be levied, if it ſhall happen that the aforeſaid E ſhall not deliver the Cattell aforeſaid to the aforeſaid I. &c. upon which the ſame E. by the Statute praies the Writ of the Keepers,Second Deliverance granted. &c. of ſecond deliverance, and it is granted unto him, &c. By which Command was given to the Sheriff, that the Cattell aforeſaid to the aforeſaid E. without delay he ſhould cauſe to be delivered, and that he ſhould put by ſure and ſafe Pledges the aforeſaid I. M. that he be before, &c. in eight daies of Saint Michaell, &c. to anſwer the aforeſaid E. of the aforeſaid taking and detaining of the Cattell aforeſaid, the ſame day is given to the aforeſaid E. &c. at which day the Plaint aforeſaid was adjourned by the Writ of the Keepers, &c. of common adjournment before, &c. at W. unto the Morrow of all ſoules. At which day before, &c. at W. aforeſaid came the aforeſaid E. in his proper perſon, And the Sherife returnes that before the comming of the Writ aforeſaid to him thereupon directed, thoſe Cattell by him in Withernam taken were removed afarre of to places unknown unto him by the aforeſaid I. M. And therefore after the receipt and before the returne of that Writ, the Cattell aforeſaid to the aforeſaid E.D. he could not cauſe to be delivered according to the purport of the Writ aforeſaid. And that the aforeſaid I. is attached by pledges, to wit I. D. and R.R. And upon this Command is given to the Sheriff, that he take in Withernam ſo many of the cattell of the aforeſaid I. M. as are of the value of thoſe cattell, and the ſame to the aforeſaid E. D. he cauſe to be delivered, untill theſe cattell to the aforeſaid E. he will deliver, and put by ſure and ſafe pledges the aforeſaid I. M. that he be before, &c. (ſuch a returne, &c.) to anſwer the Keepers, &c. as well of the contempt, as the aforeſaid, &c. of the damages and injuries to him in that behalfe brought. The ſame day is given to the aforeſaid E. &c.