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<DATE>2014-04-05</DATE>
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<NAME>Lauren Proux</NAME>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>DECLARATIONS AND PLEADINGS IN ENGLISH: Being the mo&s;t Authentique Form of Proceeding in Courts of LAW; In Actions Reall, Per&s;onall, and Mixt; U&s;efull for all Practi&s;ers and Students of the LAW, of what Degree &s;oever.</P>
<P>COLLECTED By the mo&s;t Experienced and Exact in his Profe&s;&s;ion, <HI>RICHARD BROWNLOW,</HI> E&s;q Late Chief <HI>Prothonotary</HI> of the Court of <HI>COMMON PLEAS.</HI></P>
<P>Whereto are Added, Choice Pre&s;idents in the Upper Bench, by &s;ome others of good Note.</P>
<P>Publi&s;hed in Order to the Act of Parliament, and for the good of the COMMON-WEALTH.</P>
<P>With an Exact TABLE, wherein may be found the Principall Matters contained in this Book.</P>
<P>The third Edition, throughly corrected and amended.</P>
<P><HI>LONDON,</HI> Printed by <HI>Tho. Roycroft,</HI> for <HI>Henry Twyford,</HI> and are to be &s;old at his Shop in <HI>Vine-Court,</HI> Middle Temple, 1659.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<PB REF="2">
<HEAD>TO THE READER.</HEAD>
<P>_AMONGST tho&s;e many Books of <HI>Law</HI> which the&s;e happy times of Reformati|on have held forth to publike view, in order to the Decrees of the Supreme Au|thority (who&s;e commendable Providence is in nothing more con&s;picuous, then in teaching us the Rules of Manners in our Mothers words, to the end Offences &s;hould be the le&s;&s;e excu&s;able, and Judge|ments made appear more ju&s;t:) I found none whereby a generall &s;atisfaction was given concerning the Proceedings, by which each mans Right was brought into Deci&s;ive Doom: And upon a &s;erious peru&s;all, finding the&s;e en&s;uing <HI>Pre|&s;idents,</HI> formally exact, and very u&s;efull for that purpo&s;e, as being the Quinte&s;&s;ence extracted from tho&s;e va&s;t and unweildy Volumes, which as now, for the mo&s;t part, are rendred u&s;ele&s;&s;e, by rea&s;on, as well of their ob&s;curity, be|ing writ in an unknown <HI>Tongue,</HI> as of the Pro&s;cription of many Titles now exploded; I found my &s;elf obliged in point of Honour to that curious hand, which by a happy
<PB REF="3">proportion gave them being, (had not my zeal to common good, imported a &s;ufficiency) to &s;hew them Light; where now they &s;tand <HI>(Ad captum lectoris)</HI> lyable to variety of Cen&s;ure: against which, to oppo&s;e any thing be&s;ides them&s;elves, the <HI>Author,</HI> and their <HI>U&s;e,</HI> were to redargue with Impertinencies; a &s;hift &s;eldom or never u&s;ed, but when the Matter it &s;elf is guilty of many Imperfecti|ons, and cannot abide the triall. To &s;ay there is nothing of Imperfection in this Tract, were to equall it with the effects of that hand which cannot erre, and dignifie it with Impo&s;sibilities; yet this, in my judgement, I may dare to promi&s;e, without the impo&s;ition of Temerity, that, allow|ing for humane Incidency, it may as ju&s;tly claim the Title of <HI>Perfect,</HI> as any thing of this nature hither|to extant; Wherefore, as ambitious of its own Prai&s;e, I &s;hall &s;end thee to the Matter it &s;elf, which con&s;i&s;ting all of Form, mu&s;t needs have beauty enough to Court thy Commendations.</P>
<CLOSER><SALUTE>Farewell.</SALUTE></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="3">
<HEAD>Speciall DECLARATIONS AND PLEADINGS, IN THE Upper Bench, and Common Pleas.</HEAD>
<DIV2 TYPE="section">
<HEAD>Abatement.</HEAD>
<P>_ANd the afore&s;aid <HI>W. B.</HI> by <HI>G. H.</HI>
<NOTE PLACE="marg">Abatement of the Writ, for that the Plain|tiff was marri|ed after the Writ purcha&s;ed.</NOTE> his Attorney cometh and defendeth the force and injury when, <HI>&amp;c.</HI> And de|mandeth Judgement of the Writ, <HI>&amp;c.</HI> Becau&s;e he &s;aith, That the afore&s;aid <HI>Jane,</HI> after the day of the i&s;&s;uing forth of the Originall Writ, of them the &s;aid <HI>Jane, Philip,</HI> and <HI>T.</HI> to wit, the tenth day of <HI>January,</HI> in the third year of the Reign of our Lady the Queen at <HI>W.</HI> in the County of <HI>Che&s;ter,</HI> took to her Husband, one <HI>Lawrence Smith,</HI> Knight; which &s;aid <HI>Law|rence,</HI> as yet remains and is in perfect life, <HI>to wit,</HI> at <HI>W.</HI> afore&s;aid: And this he is ready to aver, whereupon he demandeth Judgement of the Writ afore&s;aid, <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Attaint.</HEAD>
<P>THe Jury of four and twenty Knights of the Neighbourhood of <HI>T.</HI> cometh to recognize, whether the Jurors, by whom a certain In|qui&s;ition, which was lately &s;ummoned in the Court of our Lord the
<PB N="2" REF="4">King, before his Ju&s;tices here, by the Writ of our Lord the King, between <HI>A.</HI> Plaintiff, and <HI>W.</HI> Defendant, of a certain Tre&s;pa&s;&s;e, <HI>&amp;c.</HI> As it was &s;aid, made a fal&s;e Oath, as the &s;aid <HI>A.</HI> to our Lord the King, greatly complaining, hath &s;hewed, or not: And now cometh as well the afore&s;aid <HI>A.</HI> by <HI>B.</HI> his Attorney, as the afore&s;aid <HI>W.</HI> by <HI>F.</HI> his Attorney, and <HI>A. B.</HI> and others, <HI>&amp;c.</HI> The twelve, Jurors of the &s;ame fir&s;t Inqui&s;ition in their proper per&s;ons likewi&s;e come; and upon this, as well the &s;ame <HI>W.</HI> as the afore&s;aid twelve Jurors of the &s;aid fir&s;t Inqui&s;ition, pray the hearing of the afore&s;aid Writ of <HI>Attaint:</HI> And it is read unto them, <HI>&amp;c.</HI> They al&s;o pray the hearing of the Record upon which the &s;aid Writ i&s;&s;ued forth,
<NOTE PLACE="marg">The Plea.</NOTE> and it is read to them in the&s;e words: <HI>Pembrooke,</HI> &amp;c. Which being read and heard, as well the afore&s;aid <HI>W.</HI> as the afore&s;aid twelve Jurors of the fir&s;t inqui&s;ition afore|&s;aid, pray that the afore&s;aid <HI>A.</HI> may a&s;&s;igne his fal&s;e Oath, if there be any, <HI>&amp;c.</HI></P>
<P>And the &s;aid <HI>A.</HI>
<NOTE PLACE="marg">A&s;&s;ignment of the fal&s;e Oath.</NOTE> &s;aith, That the afore&s;aid twelve Jurors of the fir&s;t Inqui&s;ition afore&s;aid, made a fal&s;e Oath in all things, which again&s;t him the &s;aid <HI>A.</HI> they have &s;aid: and this he is ready to verifie by the afore&s;aid Jury of four and twenty Knights, <HI>&amp;c.</HI> And as well the afore|&s;aid <HI>W.</HI> as the afore&s;aid twelve Jurors of the fir&s;t Inqui&s;ition afore&s;aid &s;ay, That the &s;ame twelve Jurors of the fir&s;t Inqui&s;ition afore&s;aid, have made a good and lawfull Oath in all things which again&s;t the &s;aid <HI>A.</HI> they have &s;aid: And of this they put them&s;elves upon the Jury of the four and twenty Knights afore&s;aid; And the afore&s;aid <HI>A.</HI> in like man|ner: Therefore the &s;ame Jury of the four and twenty Knights thereup|on between them is to be taken, <HI>&amp;c.</HI> But the &s;ame Jury remains to be taken untill, <HI>&amp;c.</HI> for want of Jurors of the &s;ame twenty four Knights, becau&s;e none came, <HI>&amp;c.</HI> Therefore let the Sheriff have the bodies of the Jurors of the &s;ame Jury of four and twenty Knights, <HI>&amp;c.</HI> The &s;ame day is given, as well to the parties afore&s;aid, as to the afore&s;aid twelve Jurors of the fir&s;t Inqui&s;ition afore&s;aid, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>WHich being read and heard,
<NOTE PLACE="marg"><HI>A&s;&s;ignment of a fal&s;e Oath in Attaint, Pa&s;c.</HI> 6. <HI>E.</HI> 4. <HI>Rot.</HI> 60.</NOTE> as well the afore&s;aid <HI>R. M.</HI> as the afore&s;aid <HI>N. R. W. H. J. S.</HI> and <HI>R. R.</HI> four of the Jurors of the fir&s;t Inqui&s;ition afore&s;aid, pray, that the afore&s;aid <HI>H. G.</HI> now Plaintiff, may a&s;&s;igne his fal&s;e Oath, if there be any, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>H. G.</HI> now Plaintiff, &s;aith, That the afore&s;aid twelve Jurors of the fir&s;t Inqui&s;ition, have made a fal&s;e Oath in all things, which again&s;t him the &s;aid <HI>H.</HI> of the Premi&s;&s;es they have for|merly &s;poke: And this he is ready to averre by the afore&s;aid Jury of four and twenty Knights, <HI>&amp;c.</HI> And as well the afore&s;aid <HI>R. M.</HI> as the afore&s;aid <HI>N. R. W. H. I. S.</HI> and <HI>R. R.</HI> four of the Jurors of the fir&s;t Inqui&s;ition afore&s;aid, &s;ay. That the &s;ame four Jurors of the &s;ame fir&s;t Inqui&s;ition, and the afore&s;aid eight Jurors, re&s;idue of
<PB N="3" REF="4">the &s;ame fir&s;t Inqui&s;ition, have made a good and lawfull Oath in all things, which again&s;t the afore&s;aid <HI>H. G.</HI> now Plaintiff, formerly of the Premi&s;es they have &s;aid: And upon this they put them&s;elves upon the afore&s;aid Jury of four and twenty Knights: And the afore&s;aid <HI>H. G.</HI> now Plaintiff in like manner, <HI>&amp;c.</HI> Therefore let the &s;ame Jury of four and twenty Knights between them be taken, <HI>&amp;c.</HI> But the &s;ame Jury remains to be taken before our Lord the King, untill the morrow after Saint <HI>John Bapti&s;t,</HI> Where&s;oever, <HI>&amp;c.</HI> for want of the &s;ame Jury of twenty four Knights, becau&s;e none came, <HI>&amp;c.</HI> Therefore let the Sheriff di&s;train the Jurors of the &s;ame Jury of twenty four Knights, and adde ten &s;uch, <HI>&amp;c.</HI>
<NOTE PLACE="marg">A Tales awar|ded.</NOTE> The &s;ame day is given as well to the parties afore&s;aid, as to the afore&s;aid <HI>N. R. W. H. J. S.</HI> and <HI>R. R.</HI> four of the Jurors of the fir&s;t Inqui&s;ition afore&s;aid, <HI>&amp;c.</HI> At which &s;aid morrow, <HI>&amp;c.</HI> before our Lord the King at <HI>We&s;tmin&s;ter,</HI> come as well the parties afore&s;aid, by their Attorneys afore&s;aid, as the afore&s;aid four Jurors of the fir&s;t Inqui&s;ition afore&s;aid, before appearing in their proper per|&s;ons: And the Sheriff now returneth; that as to the di&s;training of <HI>W. C.</HI> Knight, and others in the Writ of our Lord the King, named to him thereupon directed;
<NOTE PLACE="marg">Tarde returred on the Di&s;trin|gas with a Pannel of tales.</NOTE> That the &s;aid Writ was &s;o late delivered unto him, that for the &s;hortne&s;&s;e of the time in that behalf, he could not execute it: And the &s;ame Sheriff al&s;o returns a certain Pannell of the names of ten &s;uch Jurors to the &s;aid Writ annexed: and upon this, the Jury of twenty four Knights afore&s;aid, remains further to be taken before our Lord the King, untill fifteen days of Saint <HI>Mi|chael,</HI> where&s;oever, <HI>&amp;c.</HI> unle&s;&s;e the Ju&s;tices of our Lord the King, at the A&s;&s;i&s;es in the County afore&s;aid to be held,
<NOTE PLACE="marg">Ni. Pri.</NOTE> a&s;&s;igned fir&s;t on Thur&s;day next after the Fea&s;t of Saint <HI>John</HI> the Apo&s;tle, at <HI>N.</HI> in the County afore&s;aid, by form of the Statute afore&s;aid, &s;hall come for default of Jurors of the &s;ame Jury of twenty four Knights, becau&s;e none came; therefore the Sheriff as formerly,
<NOTE PLACE="marg">Alias Di|&s;tringa<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> is to di&s;train the Jurors of the &s;ame Jury of twenty four Knights; the &s;ame day is given as well to the parties afore&s;aid, as to the afore&s;aid four Jurors of the fir&s;t Inqui&s;ition afore&s;aid now appearing: and it is to be known, that the Writ of our Lord the King thereupon, <HI>&amp;c.</HI> At which &s;aid fifteen days, <HI>&amp;c.</HI> before our Lord the King at <HI>We&s;tmin&s;ter,</HI> came as well the afore&s;aid <HI>H. G.</HI> of <HI>R.</HI> Gentleman, as the afore&s;aid <HI>R. M.</HI> by their At|torneys afore&s;aid: and the afore&s;aid Ju&s;tices of our Lord the King at the A&s;&s;i&s;es, before whom, <HI>&amp;c.</HI> have &s;ent hither their Record in the&s;e words:
<NOTE PLACE="marg">The return of the Record.</NOTE> Afterwards, the day and place within contained, before <HI>P. A.</HI> Knight, and <HI>T. B.</HI> Ju&s;tices of our Lord the King, a&s;&s;igned to take A&s;&s;izes in the County of <HI>N.</HI> by form of the Statute, <HI>&amp;c.</HI> came as well the within named <HI>A. G.</HI> of <HI>R.</HI> Gentleman, as the within written <HI>R. M.</HI> by their Attorneys within &s;pecified, and the within named <HI>N. R. W. H. J. S.</HI> and <HI>R. R.</HI> four of the Jurors of the fir&s;t Inqui&s;ition with|in &s;pecified, in their proper per&s;ons likewi&s;e came: And hereupon
<PB N="4" REF="5">the Jury of the twenty four Knights, whereof within mention is made, being called, in like manner came, who to &s;peak unto the truth of that within contained,
<NOTE PLACE="marg">Verdict in the Atteint.</NOTE> being cho&s;en, tryed, and &s;worn, &s;ay upon their Oath, that the within written twelve Jurors of the fir&s;t Inqui&s;ition a|fore&s;aid, have made a fal&s;e Oath in all things, which again&s;t the afore|&s;aid <HI>H. G.</HI> of the within contained they have formerly &s;aid, as the afore|&s;aid <HI>H. G.</HI> hath within alleadged: Whereupon the afore&s;aid <HI>H. G.</HI> pray|eth that it may be inquired by the afore&s;aid Jury of twenty four Knights, as well of the damages which the &s;ame <HI>H.</HI> by occa&s;ion of the fal&s;e Oath afore&s;aid hath &s;u&s;tained, as of the co&s;ts and charges by him a|bout his Suit in this behalf expended, <HI>&amp;c.</HI> And becau&s;e the Ju&s;tices here will advi&s;e them&s;elves before they further proceed to that Inqui&s;ition, it is directed by the &s;aid Ju&s;tices to the &s;aid <HI>H. G.</HI> that he keep his day within &s;pecified, given to him before the Lord our King, <HI>&amp;c.</HI> where|&s;oever,
<NOTE PLACE="marg">Judgment for the Plaintiff in Attaint.</NOTE> <HI>&amp;c.</HI> of hearing their Judgment of the Premi&s;es, <HI>&amp;c.</HI> Therefore it is con&s;idered, that the afore&s;aid <HI>H. G.</HI> of <HI>R.</HI> Gentleman, &s;hall have again the two hundred and ten Markes for damages by the afore|&s;aid Jury of the fir&s;t Inqui&s;ition afore&s;aid above taxed, if Execution thereof again&s;t him the &s;aid <HI>H.</HI> were had: And that he the &s;aid <HI>H. G.</HI> to all things (which by occa&s;ion of the fal&s;e Oath afore&s;aid he hath lo&s;t) be re&s;tored, and that the afore&s;aid twelve Jurors of the fir&s;t Inqui&s;iti|on afore&s;aid, &s;hall not from henceforth be brought upon any te&s;timony of truth, and from hence do lo&s;e for ever the free Law: And that they forfeit to the Lord the King all their Goods and Chattells, and their Lands and Tenements be taken into the Kings hands; and be wa&s;ted and extirpated, and that their Wives and Children be there-from amo|ved: And that as well the &s;ame Jurors of the fir&s;t Inqui&s;ition afore|&s;aid, as the &s;aid <HI>R. M.</HI> be taken, <HI>&amp;c.</HI> Afterwards, to wit, from the day of <HI>Ea&s;ter,</HI> in three weeks, in the &s;eventh year of our Lord the King, before the King at <HI>We&s;tmin&s;ter,</HI> came the afore&s;aid <HI>W. H. R. F.</HI> and <HI>R. D.</HI> in their proper per&s;ons,
<NOTE PLACE="marg">Pardon plead|ed by &s;ome of the petty Jury.</NOTE> and rendred them&s;elves to the Pri&s;on of the Mar&s;hal&s;eys of the King, before the King, by rea&s;on of the Judg|ment afore&s;aid again&s;t them upon the Premi&s;es rendred, who are com|mitted to the Mar&s;hall, <HI>&amp;c.</HI> And pre&s;ently they &s;ay &s;everally, that our Lord the King that now is, of his e&s;peciall grace, and of his certain knowledge, and of his own meer motion, and for certain con&s;idera|tions, him the &s;aid King e&s;pecially moving, by his &s;everall Letters Pa|tents, hath pardoned, remi&s;ed, and relea&s;ed to the afore&s;aid <HI>W. H. R. F.</HI> and <HI>R. D.</HI> and to every of them, by what names &s;oever they are called; all forfeitures, Fines, Redemptions, Amerciaments, De&s;tructi|ons; and all Forfeitures of Goods and Chattels, Lands and Tene|ments, impri&s;onment of their bodies, and the i&s;&s;ues and profits of the &s;aid Lands and Tenements, as al&s;o all Wa&s;tes or Extirpations of the &s;ame Lands and Tenements, which to the &s;ame King by rea&s;on of the Judgment afore&s;aid, or of any other Judgment, or of any other Judg|ments,
<PB N="5" REF="5">doth or might pertain, or what&s;oever Forfeitures, Fines, Re|demptions, Amerciaments, Lo&s;&s;es; as al&s;o Forfeitures of Goods and Chattels, and the Wa&s;tes and Extirpaments, or Extirpations of Lands and Tenements, and Impri&s;onments of Bodies, which they might, or ought to lo&s;e or incur by occa&s;ion of the Judgment afore&s;aid, or of any other Judgment, or by any other occa&s;ion what&s;oever, and all o|ther Actions, Executions, Impeachments, and Demands, which again&s;t them, or any of them, he had or might have by the occa&s;ion afore|&s;aid, or any of them, and all and every the things which to him the &s;aid King again&s;t them the &s;aid <HI>W. F. R. F.</HI> and <HI>R. D.</HI> or any of them, doth or might pertain, by occa&s;ion of the &s;aid Judgment, or of any o|ther: And moreover he did will and grant to them the &s;aid <HI>W. F. R. F.</HI> and <HI>R. D.</HI> that they and every of them to the free Law, as al&s;o unto te&s;timony of the truth, and unto all other things which they or any of them by occa&s;ion of the &s;aid Judgment have lo&s;t, be, and every of them for the future be re&s;tored and inve&s;ted: And that they have, en|joy; and u&s;e all and &s;ingular tho&s;e things from thence for ever, not|with&s;tanding the &s;aid Judgments or any of them: And the afore&s;aid <HI>W.</HI> bringeth here into Court his Letters Patents, the afore&s;aid Pre|mi&s;es te&s;tifying, which follow in the&s;e words. <HI>Edward</HI> by the grace of God, <HI>&amp;c.</HI> And in like manner the afore&s;aid <HI>R. F.</HI> bringeth into Court, <HI>&amp;c.</HI> And in like manner the afore&s;aid <HI>R. D.</HI> brings, <HI>&amp;c.</HI> By vertue of which Letters Patents of our Lord the King afore&s;aid, to them the a|fore&s;aid <HI>W. H. R. F.</HI> and <HI>R. D.</HI> &s;everally in form afore&s;aid made:
<NOTE PLACE="marg">Allowance of pardon.</NOTE> They the &s;aid <HI>W. H. R. F.</HI> and <HI>R. D.</HI> pray &s;everally, that they from the Pri|&s;on wherein they have been detained, by occa&s;ion of the &s;aid Judgment, may be delivered, <HI>&amp;c.</HI> And that they of the Premi&s;es by the Court here may be di&s;mi&s;&s;ed, <HI>&amp;c.</HI> Whereupon, the Premi&s;es being &s;een, it is con|&s;idered that the Letters Patents of our Lord the King afore&s;aid, to the &s;aid <HI>W. H. R. F.</HI> and <HI>R. D.</HI> be &s;everally allowed, and that they from thence go without day, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Annuity.</HEAD>
<P>I. <HI>B.</HI> lately of <HI>C.</HI> in the County of <HI>L.</HI> otherwi&s;e call'd <HI>T. B.</HI> of <HI>L.</HI>
<NOTE PLACE="marg">A writ of An|nuity brought again&s;t a Pre|bend.</NOTE> clerk Prebend of the Prebendary of <HI>A.</HI> in the Cathedrall Church of <HI>L.</HI> was &s;ummoned to an&s;wer <HI>E. H.</HI> Gent. otherwi&s;e called <HI>E. H.</HI> Scholar in <HI>Pe|terhou&s;e,</HI> within the Univer&s;ity of <HI>Cambridge,</HI> of a Plea, that he render him 12 <HI>l.</HI> and 10 <HI>s.</HI> which are in arrear unto him of the annuall rent of 100 <HI>s.</HI> which he oweth him, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>E.</HI> by <HI>W. I.</HI> his Attorney &s;aith; That whereas one <HI>Allen Langdale</HI> Clark, lately Prebend of the Prebendary of <HI>Alderne&s;s</HI> in the Cathedrall Church of <HI>L.</HI> Predece&s;&s;or of the afore&s;aid <HI>T. B.</HI> at <HI>H.</HI> by his certain Writing,
<PB N="6" REF="6">bearing date the 20 day of <HI>J.</HI> in the tenth year of the Queens reign, and delivered to the &s;aid <HI>E.</HI>
<NOTE PLACE="marg">Writing delive|red after the day of the date.</NOTE> the thirtieth day of the &s;aid month of <HI>J.</HI> which the &s;aid <HI>E.</HI> with the Seal of the afore&s;aid <HI>A.</HI> &s;igned here in Court, produceth by the name of <HI>A. L.</HI> Clark, Doctor of Divinity, Prebend of the Prebendary of <HI>Alderne&s;&s;e,</HI> in the Cathedrall Church of <HI>L.</HI> in the County of <HI>Stafford,</HI> for divers good and valuable con&s;iderati|ons, him e&s;pecially moving had given, granted, and by the &s;ame writing did give and grant for him and his Succe&s;&s;ors to the &s;aid <HI>Edward,</HI> by the name of <HI>E. H.</HI> Scholler, the annuall Rent afore&s;aid, by the name of a certain Annuity or annuall Rent of five pounds, of good and lawfull mony of <HI>England,</HI> i&s;&s;uing out of all and &s;ingular the Mannors, Me&s;&s;u|ages, Lands, Tenements, and Hereditaments belonging, or in any man|ner pertaining to the Prebend afore&s;aid, or being part, parcell, or Mem|ber of the &s;aid Prebendary, to have, receive, and enjoy the afore&s;aid An|nuities or annuall rent of one hundred &s;hillings, to him the &s;aid <HI>E.</HI> and his A&s;&s;igns, for and during the naturall life of him the &s;aid <HI>E.</HI> to be paid yearly at the Font-&s;tone, in the Cathedrall Church of Saint <HI>Paul</HI> in the City of <HI>London,</HI> at two Terms of the year by equall portions, that is to &s;ay, on the &s;eventh day of <HI>A.</HI> and the twelfth day of <HI>O.</HI> between the houres of one and three in the afternoon, of each of the &s;aid &s;eve|rall dayes of <HI>A.</HI> and <HI>O.</HI> the fir&s;t payment thereof to begin the twelfth day of <HI>O.</HI> then next following the date of the &s;aid writing: And if it &s;hould happen the afore&s;aid Annuity or annuall Rent of five pounds, or any part or parcell thereof to be behind or unpaid at any of the days afore&s;aid in which it ought to be paid, the afore&s;aid <HI>A.</HI> did further grant for him&s;elf and his Succe&s;&s;ors, that it might be lawfull to him the &s;aid <HI>E.</HI> and his A&s;&s;igns from time to time, during the life of him the &s;aid <HI>E.</HI> to enter into all and &s;ingular the afore&s;aid Mannors, Me&s;&s;uages, Lands, Tenements, and Hereditaments, and there from time to time to di&s;traine for all and &s;ingular the Arrearages of the &s;ame Annuity or annuall Rent, and the Di&s;tre&s;&s;es there from time to time taken, to lead and drive away, and them to retain in his hands untill the &s;ame <HI>E.</HI>
<NOTE PLACE="marg">A Provi&s;o, that if the Grantee be preferred, the Grant to be void.</NOTE> or his A&s;&s;igns &s;hould be fully &s;atisfied, contented, and paid, of all and &s;ingular the Arrearages of the afore&s;aid Annuity or annuall Rent; Provided that if the &s;aid <HI>E.</HI> &s;hould at any time from thence be preferred or promoted unto any lively hood or preferment, for and during the life of him the &s;aid <HI>E.</HI> of the clear yearly value of ten pounds and more, of good and lawfull mony of <HI>England,</HI> by the afore&s;aid <HI>A.</HI> or by the mo&s;t reverend Father in God <HI>R. B.</HI> then by Divine permi&s;&s;ion, Bi&s;hop of <HI>C.</HI> and <HI>L.</HI> or by the Succe&s;&s;ors of the &s;aid reverend Father, that then and from thenceforth the afore&s;aid Grant &s;hould be void and of none effect, and the payment of the afore&s;aid Annuity or annuall Rent, &s;hould cea&s;e and determine, as in the afore|&s;aid Writing more fully it is contained: Which &s;aid Gift or Grant of the &s;aid annuall Rent or Annuity, and all and &s;ingular the things in
<PB N="7" REF="6">the &s;aid Writing contained and &s;pecified, the afore&s;aid <HI>R.</HI> then Bi|&s;hop of <HI>C.</HI> and <HI>L.</HI>
<NOTE PLACE="marg"><HI>Confirmation of the Grant by the Bi&s;hop, Patron,</HI> &amp;c.</NOTE> and the true and undoubted Patron of the &s;aid Pre|bendary at <HI>H.</HI> afore&s;aid, by his certain writing of confirmation, bear|ing date the two and twentieth of <HI>J.</HI> in the year of our Lord God, one thou&s;and five hundred fifty and eight, and delivered to the &s;aid <HI>E.</HI> the la&s;t day of <HI>J.</HI> which the &s;aid <HI>E.</HI> with the Seal of the afore&s;aid Bi&s;hop &s;igned, he in like manner produces in Court, did approve, rati|fie, and by his Pontificall authority ordain, and as much as in the &s;aid Bi&s;hop was, confirm, as in the &s;aid Writing of the afore&s;aid Bi&s;hop more fully appears: which &s;aid Gift and Grant of the afore&s;aid An|nuity or annuall Rent, and all and &s;ingular in the afore&s;aid Writing of the afore&s;aid <HI>A.</HI> contained and &s;pecified, <HI>J. N.</HI> Clerk, at that time, Dean of the afore&s;aid Cathedrall Church of <HI>L.</HI> and the Chap|ter of the &s;ame place afterwards, that is to &s;ay.
<NOTE PLACE="marg">Confirmation of the Grant by the Dean and Chapter.</NOTE> The thirtieth of <HI>February,</HI> in the year of our Lord, one thou&s;and five hundred fifty eight afore&s;aid, by their certain Writing of confirmation, which the &s;aid <HI>E.</HI> with the common Seal of them the &s;aid Dean and Chapter, &s;igned in like manner, here produces in Court, the date whereof is at <HI>L.</HI> afore&s;aid, in the Chapter-hou&s;e of them the &s;aid Dean and Chapter, the &s;ame third day of <HI>February,</HI> in the year of our Lord, one thou&s;and five hundred fifty and eight afore&s;aid, as much as to the &s;aid Dean and Chapter did belong, approved and ratified, and by the Tenor of the &s;ame Writing of them the &s;aid Dean and Chap|ter, by their Chapter-power confirmed, as in the &s;ame Writing, of them the &s;aid Dean and Chapter, more fully it is contained:
<NOTE PLACE="marg">Deprivation of the Prebend.</NOTE> And afterwards the afore&s;aid <HI>A.</HI> from the Prebendary afore&s;aid, for cer|tain cau&s;es, was lawfully deprived, after who&s;e &s;aid deprivation, one <HI>T. B.</HI> Bi&s;hop of <HI>C.</HI> and <HI>L.</HI> the afore&s;aid Prebendary conferred on <HI>T. B.</HI> and cau&s;ed him to be In&s;tituted, Inducted,
<NOTE PLACE="marg">The Defendant made Prebend.</NOTE> and put in|to corporall po&s;&s;e&s;&s;ion of the &s;ame Prebendary: And further, the &s;aid <HI>E.</HI> &s;aith, That he hitherto is not, nor hath been, preferred or promoted to any Livelihood or Preferment, for and during the life of him the &s;aid <HI>E.</HI> of the cleer yearly value of ten pounds and more, of good and lawfull money of <HI>England,</HI> by the afore&s;aid <HI>A.</HI>
<NOTE PLACE="marg">The Grante<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> not preferred.</NOTE> or by the afore&s;aid late Bi&s;hop of <HI>C.</HI> and <HI>L.</HI> or by the now Bi|&s;hop: And the &s;aid <HI>E.</HI> further &s;aith, That he by vertue of the &s;aid Gift and Grant of the afore&s;aid <HI>A.</HI> and by vertue of the afore|&s;aid &s;everall confirmations of the afore&s;aid Bi&s;hop, and Dean and Chapter, was &s;ei&s;ed of the &s;aid annuall Rent in his Deme&s;ne as of Freehold, untill the &s;eventh day of <HI>April,</HI> in the fourth year of the Queen, that the afore&s;aid <HI>T. B.</HI> the &s;aid annuall Rent afore|&s;aid, from him the &s;aid <HI>E.</HI> hath withdrawn, and to render it unto him hath refu&s;ed, and yet refu&s;eth, whereby he &s;aith, He is damni|fied, and hath damage to the value of fourty pounds; and thereup|on he bringeth &s;uit, <HI>&amp;c.</HI></P>
<PB N="8" REF="7">
<P>And the afore&s;aid <HI>T. B.</HI> by <HI>E. C.</HI> his Attorney, comes and defends the force and injury when, <HI>&amp;c.</HI> and &s;aith, That the afore&s;aid <HI>E. H.</HI> ought not to have his afore&s;aid Action again&s;t him, becau&s;e (by prote|&s;tation he acknowledges no &s;uch &s;everall confirmations by the afore&s;aid late Bi&s;hop, and the afore&s;aid Dean and Chapter made, as the afore&s;aid <HI>E.</HI> by his Declaration above hath &s;uppo&s;ed to be made) for Plea he &s;aith, That after the Grant of the yearly rent afore&s;aid, by the afore&s;aid <HI>A.</HI> to the afore&s;aid <HI>E. H.</HI> in form afor&s;aid, &s;uppo&s;ed to be made; and after the afore&s;aid confirmation by the afore&s;aid late Bi&s;hop, in form afore|&s;aid, &s;uppo&s;ed to be made in like manner, <HI>to wit,</HI> the third of <HI>February,</HI> in the fir&s;t year of the Queen, the afore&s;aid late Bi&s;hop conferred the Prebendary afore&s;aid upon the &s;aid <HI>A.</HI>
<NOTE PLACE="marg">A Traver&s;e, that the Gran|tor was not at the time of the grant Prebend.</NOTE> and in&s;tituted and inducted him, and put him into corporall po&s;&s;e&s;&s;ion of the &s;aid Prebendary, without that that the afore&s;aid <HI>A.</HI> was Prebend of the Prebendary afore&s;aid, at the time of the making of the &s;aid Grant, as the afor&s;aid <HI>E. H.</HI> by his Declaration afore&s;aid hath above &s;uppo&s;ed: and this he is ready to aver, whereupon he prayes Judgement, whether the afore&s;aid <HI>E.</HI> ought to have his Action again&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>E.</HI>
<NOTE PLACE="marg">I&s;&s;ue taken up|on the traver&s;e.</NOTE> &s;ays, that he by any thing before alledged, ought not to be debarred from having his Action afore&s;aid, becau&s;e he &s;aith, that the afore&s;aid <HI>A.</HI> was Prebend of the Prebendarie afore&s;aid at the time of the Grant afore&s;aid made, as he by his Declaration afore&s;aid above hath alledged; and this he prays may be inquired of by the Coun|trey: And the afore&s;aid <HI>T. B.</HI> in like manner; therefore command is given to the Sheriff, that he cau&s;e to come, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>G. <HI>T.</HI>
<NOTE PLACE="marg">An Action of Debt brought by an Executor for an Annuity granted to his Te&s;tator out of a Mannor.</NOTE> lately of <HI>N.</HI> in the County of <HI>H.</HI> E&s;q. was &s;ummoned to an&s;wer <HI>Thomas Mallet,</HI> and <HI>I&s;abel</HI> his wife, Executrix of the Te&s;tament of <HI>Y. R.</HI> Gentleman, &s;ervant of <HI>H. D.</HI> Knight, Lord <HI>D.</HI> otherwi&s;e cal|led, <HI>&amp;c.</HI> of a Plea, that he render to them eight pounds which he unju&s;tly detains from them: And whereupon the &s;aid <HI>T. M.</HI> and <HI>J.</HI> his wife, by <HI>J. T.</HI> their Attorney &s;ay, That whereas one <HI>H. D.</HI> Lord <HI>D.</HI> (&s;uch a day and year) at <HI>T.</HI> by his certain Writing, which they the &s;aid <HI>T. M.</HI> and <HI>J.</HI> with the Seal of him the &s;aid <HI>H.</HI> &s;igned, the date whereof is the &s;ame day and year, here produceth in the Court, <HI>&amp;c.</HI> did give and grant to the afore&s;aid <HI>T. R.</HI> in his life-time, by the name of his welbeloved and faithfull &s;ervant <HI>T. R.</HI> Gentleman, for his good &s;ervice before that time done, a certain annuity or annuall Rent of eight pounds, i&s;&s;uing out of his Mannor of <HI>T.</HI> with the Appurtenances in the County of <HI>C.</HI> to have and receive the afore&s;aid annuity or annuall Rent of eight pounds, to him the &s;aid <HI>T. R.</HI> and his A&s;&s;ignes, for the term of his life, at the four principall Terms of the year, that is to &s;ay, at the Fea&s;ts of the Birth of our Lord, the Annunciation of the ble&s;&s;ed Virgin <HI>Ma|ry,</HI> the Nativity of Saint <HI>John Bapti&s;t,</HI> and Saint <HI>Michael</HI> the Arch-Angell,
<PB N="9" REF="7">Angel by equall portions to be paid, and if it &s;hould happen the afore|&s;aid annuall Rent of eight pounds, to be behind in part or in whole, by one month next after any Fea&s;t of the Fea&s;ts afore&s;aid, wherein as afore&s;aid it ought to be paid, and unpaid, that then it &s;hould be lawfull for the &s;aid <HI>T. R.</HI> and his A&s;&s;ignes into the afore&s;aid Mannor, and into all his Lands and Tenements, with the Appurtenances in <HI>T.</HI> afore&s;aid, to enter and di&s;train, and the Di&s;tre&s;&s;es &s;o there taken, lawfully to drive and carry away, and retain in their hands, untill the afore&s;aid <HI>T. R.</HI> or his A&s;&s;ignes, of the afore&s;aid Annuity or an|nuall Rent of eight pounds, &s;o being behind, together with the Ar|rearages of the &s;ame (if any &s;uch &s;hould be) were fully &s;atisfied and paid. Of which &s;aid Annuity or annuall Rent of eight pounds, in form afore&s;aid to be recieved, the afore&s;aid <HI>H. D.</HI> did put the afore&s;aid <HI>T. R.</HI> into full po&s;&s;e&s;&s;ion by the payment of twelve pence &s;terling,
<NOTE PLACE="marg">Sci&s;in of the Annuity.</NOTE> which to him the &s;aid <HI>T.</HI> upon the making and &s;ealing of the afore|&s;aid Writing, he did deliver in part of payment of the &s;ame Annuity or annuall Rent, as by the &s;aid Writing may more fully appear: By vertue of which &s;aid Gift and Grant, the afore&s;aid <HI>T. R.</HI> was of the Annuity or annuall Rent afore&s;aid &s;eized in his Deme&s;ne as of Free|hold, after which the afore&s;aid <HI>H.</HI> of the Mannor afore&s;aid, with the Appurtenances, did enfeoff one <HI>I. T.</HI> E&s;quire, Father of the afore&s;aid <HI>G.</HI> who&s;e Heir the afore&s;aid <HI>G.</HI> is, to have to the afore&s;aid <HI>I. T.</HI> and his Heirs for ever; By vertue of which Feoffment, the &s;aid <HI>I.</HI>
<NOTE PLACE="marg">Feoffment of the Mannor to the Defendants Father.</NOTE> was of the Mannor afore&s;aid, with the Appurtenances &s;eized in his Deme&s;ne as of Fee; and being &s;o &s;eized, he the &s;aid <HI>J.</HI> of &s;uch his E&s;tate of, and in the Mannor afore&s;aid, with the Appurtenances, dyed &s;eized: After who&s;e death the &s;ame Mannor, with the Appurtenances,
<NOTE PLACE="marg">De&s;cent thereof to the Defen|dant.</NOTE> de&s;cen|ded to the afore&s;aid <HI>G.</HI> as Sonne and Heire of the afore&s;aid <HI>I. T.</HI> By which the afore&s;aid <HI>G.</HI> into the Mannor afore&s;aid, with the Ap|purtenances did enter, and was, and yet is thereof &s;eized in his De|me&s;ne as of Fee; and being &s;o thereof &s;eized, the afore&s;aid <HI>T. R.</HI> afterwards, to wit, the twelfth day of, <HI>&amp;c.</HI> at <HI>G.</HI> in the County afore|&s;aid, in like manner dyed:
<NOTE PLACE="marg">Death of the Grantor.</NOTE> And the afore&s;aid eight pounds of the Arrearages of the Annuity or annuall Rent afore&s;aid, for one whole year, ending at the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, next before the &s;aid twelfth day of, <HI>&amp;c.</HI> to the afore&s;aid <HI>T. R.</HI> in his life-time were behind unpaid; and the &s;aid <HI>T. M.</HI> and <HI>I.</HI> &s;ay, that at the Par|liament of <HI>Henry</HI> 8. begun,
<NOTE PLACE="marg"><HI>Act of Parlia|ment of</HI> 31 H. 8. <HI>which gives the Action to Executors.</HI></NOTE> and held at <HI>We&s;tmin&s;ter</HI> the twelfth day of <HI>April,</HI> in the one and thirtieth year of his Reign, and there held and continued by divers Prorogations, untill the four and twentieth day of <HI>July,</HI> in the two and thirtieth year of his Reign, for that by the rule of common Law, Executors or Admini&s;trators of Tenants in Fee-&s;imple, Tenants in Fee-tail, and Tenants for term of life, for their Rent-&s;ervices, Rent-charges, Rent-&s;ecks, and Fee-farms, had no remedy to receive &s;uch Arrearages of the afore&s;aid Rents, or Fee-farms
<PB N="10" REF="8">as were due to their Te&s;tators in their life times, neither whil&s;t the Heirs of &s;uch Te&s;tators, nor any per&s;on having the Rever&s;ion of his E&s;tate, could after his decea&s;e di&s;train, or have any legall Action, to levy any &s;uch Arrearages of Rents or Fee-farms to the Te&s;tator due in his life time, by rea&s;on whereof, the Tenants of the Deme&s;nes of &s;uch Lands, Tenements, or Hereditaments, out of which &s;uch Rents were due and payable, which of right ought to pay their Rents and Farms at &s;uch dayes and Terms, at which &s;uch Arrearages in their proper hands were due, &s;o that the Executors or Admini&s;trators of &s;uch per&s;ons, unto whom &s;uch Rents and Fee-farms were due, could not have or obtain &s;uch Arrearages of them towards the payment of the Debts, and performance of the Will of &s;uch Te&s;tator: For remedy whereof, among&s;t other things, it was e&s;tabli&s;hed, ordained, and enacted by authority of the &s;aid Parliament, that the Executors and Admini&s;trators of every &s;uch Per&s;on or Per&s;ons, unto whom any &s;uch Rents or Fee-farms, that then were, or &s;hould be due, and un|paid at the time of their death, &s;hould and might have an Action of Debt for all &s;uch Arrearages, again&s;t the Tenant or Tenants, which ought to have paid the &s;aid Rents or Fee-farms &s;o being in Ar|rear, in the life time of the Te&s;tator, or again&s;t the Executors or Admini&s;trators of &s;uch Tenants: And in like manner it was fur|ther enacted by Authority afore&s;aid, that if any Per&s;on or Per&s;ons, which then had, or then after &s;hould have any Rent or Fee-farmes, for term of life, or lives, of any Per&s;on or Per&s;ons, and the &s;aid Rent or Fee-farmes which then were, or thenceforth &s;hould be due, behind, and unpaid, in the life of &s;uch Per&s;on or Per&s;ons, by who&s;e life or lives the &s;tate of the &s;aid Rent or Fee-farmes did depend or conti|nue; and after &s;uch Per&s;on or Per&s;ons dyed, then he to whom &s;uch Rent or Fee-farmes were due in form afore&s;aid, his Executors and Admini&s;trators might, or &s;hould have Action of Debt again&s;t the Te|nant of the Deme&s;ne, who ought to have paid the &s;ame when it was fir&s;t due, and again&s;t his Executors and Admini&s;trators, as in the &s;aid Act more fully is contained, by which the Action accrued af|ter the death of the afore&s;aid <HI>T. R.</HI> to her the &s;aid <HI>I&s;abel</HI> whil&s;t &s;he was &s;ole, and al&s;o to the &s;aid <HI>T.</HI> and <HI>I.</HI> after E&s;pou&s;alls, between them celebrated,
<NOTE PLACE="marg">Again&s;t the Te+nant of the De|me&s;nes of the Mannor.</NOTE> to require and have of the afore&s;aid <HI>G.</HI> as of the Tenant of the Deme&s;ne of the afore&s;aid Mannor, with the Appur|tenances, by vertue of the &s;aid Act of Parliament, the afore&s;aid eight pounds, yet the afore&s;aid <HI>G.</HI> although often required the afore|&s;aid eight pounds to the afore&s;aid <HI>T. R.</HI> in his life time, or to the &s;aid <HI>I.</HI> after the death of the &s;aid <HI>T.</HI> whil&s;t &s;he was &s;ole, or to the &s;aid <HI>T. M.</HI> and <HI>I.</HI> after the E&s;pou&s;als betwixt them celebrated, hath not rendred, but it to render to them hath denyed, and the &s;ame to the &s;aid <HI>T.</HI> and <HI>I.</HI> to render doth yet deny, and unju&s;tly detains, where|upon they &s;ay they are damnified, and have damage to the value
<PB N="11" REF="8">of twenty Marks, and thereupon they bring their &s;uit, <HI>&amp;c.</HI> And they bring into Court, the Letters te&s;tamentarie of the afore&s;aid <HI>T. R.</HI> by which it &s;ufficiently appears to the Court here, the &s;aid <HI>J.</HI> to be Exe|cutrix of the Te&s;tament afore&s;aid, and thereof to have Admini&s;tra|tion, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>G.</HI> by <HI>N. R.</HI> his Attorney,
<NOTE PLACE="marg">The Defendant pleads that he detains not the Rent.</NOTE> cometh and defendeth the force and injury, when, <HI>&amp;c.</HI> and &s;aith, That he doth not detain from the afore&s;aid <HI>T.</HI> and <HI>J.</HI> the afore&s;aid eight pounds, nor any peny thereof, in form wherein the &s;aid <HI>T.</HI> and <HI>J.</HI> have above again&s;t him de|clared: And of this he puts him&s;elf upon the Country, and the afore|&s;aid <HI>T.</HI> and <HI>J.</HI> in like manner; Therefore command is given to the Sheriff, that he cau&s;e to come, twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>T. G. lately of <HI>&amp;c.</HI> and <HI>E.</HI> his wife, otherwi&s;e called <HI>E. &amp;c.</HI>
<NOTE PLACE="marg">We&s;tmerland &s;&s;. <HI>Debt for an|nuity again&s;t the husband and wife by the grant of the wife,</HI> Mic 18, &amp; 19. Eliz. Rot. 926</NOTE> was &s;ummoned to an&s;wer <HI>R. B.</HI> of a Plea, that they render him twenty pounds which are arrear unto him, of the yearly rent of ten pounds which they owe him, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>R.</HI> by <HI>N. E.</HI> his Attorney &s;ays, That whereas the afore&s;aid <HI>E.</HI> while&s;t &s;he was &s;ole, (&s;uch a day, year, and place) by her certain Writing, which he the &s;aid <HI>R.</HI> with the Seal of the afore&s;aid <HI>E.</HI> &s;igned here, brings into Court, who&s;e date is the &s;ame day and year, for divers good cau&s;es and con&s;iderations, her the &s;aid <HI>E.</HI> moving, did grant unto him the &s;aid <HI>R.</HI> the afore&s;aid yearly rent of ten pounds, to hold, and yearly to receive the afore&s;aid annuall rent to him the &s;aid <HI>R.</HI> immediatly after the death of one <HI>R. P.</HI> for and during the life of the afore&s;aid <HI>E.</HI> from thence yearly at the Fea&s;t of <HI>Penteco&s;t</HI> and Saint <HI>Martin</HI> in the Winter; by equall portions to be paid, as in the &s;ame writing more fully is con|tained: And he the &s;aid <HI>R. B.</HI> &s;ays, That the afore&s;aid <HI>R. P.</HI> after|wards, that is to &s;ay (Such a day, year, and place) in the County afore&s;aid died, yet the afore&s;aid <HI>T.</HI> and <HI>E.</HI> the afore&s;aid annuall rent of ten pounds for two years, next before the day of the i&s;&s;uing forth of the originall Writ, of him the &s;aid <HI>R. B.</HI> to wit (&s;uch a day and year) have withholden, and the &s;ame to him to render have de|nied, and as yet deny; whereupon he &s;aith, he is damnified, and hath damage, to the value of twentie pounds, and thereupon he brings his &s;uit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T.</HI> and <HI>E.</HI> by <HI>R. L.</HI> their Attorney,
<NOTE PLACE="marg"><HI>Judgement by Not inform|ed,</HI> &amp;c.</NOTE> come and de|fend the force and inujury, when, <HI>&amp;c.</HI> And the &s;ame Attorney &s;ays, That he is not informed by them the &s;aid <HI>T.</HI> and <HI>E.</HI> his Clients, of any an&s;wer, <HI>&amp;c.</HI> And nothing, <HI>&amp;c.</HI> by which, <HI>&amp;c.</HI> Therefore it is con&s;idered, that the afore&s;aid <HI>R.</HI> recover again&s;t the afore&s;aid <HI>T.</HI> and <HI>E.</HI> the annuall rent afore&s;aid, and the arrearages of the &s;ame, as well before the i&s;&s;uing forth of the originall Writ of him the &s;aid <HI>R.</HI> as after incurred, which in the whole, amount unto thirty
<PB N="12" REF="9">pounds, as al&s;o his damages, by rea&s;on of the withholding of the &s;ame yearly rent, unto twenty &s;hillings, to him the &s;aid <HI>R.</HI> of his a&s;&s;ent by the Court here adjudged: And the afore&s;aid <HI>T.</HI> and <HI>E.</HI> in mercy, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>G. <HI>S. &amp;c.</HI>
<NOTE PLACE="marg">For rent behind upon an annuity granted for Coun&s;ell.</NOTE> to an&s;wer <HI>H. A.</HI> E&s;quire of a Plea, that he render unto him eleven pounds which are behinde to him of a yearly rent of fourty &s;hillings, which to him they owe, <HI>&amp;c.</HI> And whereupon, <HI>&amp;c.</HI> he &s;aith, That whereas the &s;aid <HI>Defendant</HI> (&s;uch a day and year) at <HI>T.</HI> by their certain Writing, which the &s;ame <HI>Plaintiff</HI> with the &s;eals of the afore&s;aid <HI>Defendants</HI> a&s;&s;igned, here in Court produceth, the date whereof is the &s;ame day and year, for, and in con&s;ideration of the Coun&s;ell of him the &s;aid <HI>Plaintiff</HI> before had, and to them given, and from thence to be had and given to them, and either of them, upon rea&s;onable reque&s;t, by them the afore&s;aid <HI>Defendants,</HI> or either of them, at all times, and from time to time, during the naturall life of him the &s;aid <HI>Plaintiff,</HI> and of the &s;aid <HI>Defendants,</HI> and either of them, in their, or either of their bu&s;ine&s;&s;es, as cau&s;e &s;hould require to be done, have given and granted to the &s;aid <HI>Plaintiff,</HI> the afore&s;aid annuity of fourty &s;hillings, to have and receive to the &s;aid <HI>Plaintiff</HI> and his A&s;&s;ignes, for and during the naturall life of him the &s;aid <HI>Plaintiff,</HI> if the afore&s;aid <HI>Defendants,</HI> or either of them &s;hould &s;o long live, to be paid to the &s;aid <HI>Plaintiff</HI> at the then dwelling hou&s;e of the afore&s;aid <HI>Plaintiff</HI> in <HI>L.</HI> in the County afore&s;aid, upon the Fea&s;ts, <HI>&amp;c.</HI> by equall portions, as by the &s;ame Writing more fully appeareth: The afore&s;aid <HI>Defendants</HI> have with-drawn from the &s;aid <HI>Plaintiff</HI> the afore|&s;aid yearly rent for five years, and a half of one year, which ended at the Fea&s;t of Saint <HI>John</HI> the <HI>Bapti&s;t</HI> next before the day of the i&s;&s;uing forth of the originall Writ of him the &s;aid <HI>Plaintiff,</HI> (that is to &s;ay) &s;uch a day and year, and have denied to render to him the &s;ame, and yet do deny, whereupon, <HI>&amp;c.</HI></P>
<P>And the &s;aid <HI>Defendants</HI> come,
<NOTE PLACE="marg">The Defendant asked Coan&s;ell of the Plaintiff, and the refu&s;ed to give it.</NOTE> <HI>&amp;c.</HI> when, <HI>&amp;c.</HI> and &s;ay, That the &s;aid <HI>Plaintiff</HI> ought not to have or maintain his Action, <HI>&amp;c.</HI> Becau&s;e they &s;ay, That the annuall rent afore&s;aid, was granted to the afore|&s;aid <HI>Plaintiff,</HI> for his good coun&s;ell to them the afore&s;aid <HI>Defendants</HI> be&s;towed, and afterwards to be be&s;towed, as the afore&s;aid <HI>Plaintiff</HI> hath above alledged: And the &s;aid <HI>Defendants</HI> further &s;ay, That at the time of the Grant of the annuall rent afore&s;aid, the afore&s;aid <HI>Plaintiff</HI> was a man learned in the Common Law of this Nation: And that the &s;aid <HI>Defendants,</HI> for the coun&s;ell of the &s;aid <HI>Plaintiff</HI> in that Law before be&s;towed, and from thence afterwards to be be&s;towed, made that Writing to the &s;aid <HI>Plaintiff,</HI> and that the afore&s;aid <HI>De|fendants</HI> (&s;uch a day and year) at <HI>W.</HI> in the County afore&s;aid, did reque&s;t the afore&s;aid <HI>Plaintiff</HI> to give to the &s;aid <HI>Defendants</HI> his coun|&s;ell
<PB N="13" REF="9">in the Law, for defence of a certain Action of <HI>Ejectment</HI> of Farm, again&s;t them the &s;aid <HI>Defendants</HI> at the &s;uit of one <HI>B. W.</HI> in the Court of the &s;aid Keepers, at the Pleas before them the &s;aid Keepers at <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex,</HI> then pro&s;ecuted, which to do, the afore&s;aid <HI>Plaintiff</HI> of the Coun&s;ell of them the &s;aid <HI>De|fendants</HI> wholly refu&s;ed, and this, &amp;c. if Action, <HI>&amp;c.</HI></P>
<P>Ought not to be precluded; Becau&s;e he &s;aith,
<NOTE PLACE="marg">Rejoynder.</NOTE> That the &s;aid <HI>Defendants</HI> did not reque&s;t him the &s;aid <HI>Plaintiff</HI> to give to them the &s;aid <HI>Defendants</HI> his coun&s;ell in Law, for defence of the afore&s;aid Action of <HI>Ejectment</HI> of Farm, as the &s;aid <HI>Defendants</HI> have above alledged, and this he prayeth, <HI>&amp;c.</HI> twelve, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Avowry.</HEAD>
<P>ANd the afore&s;aid <HI>J. L.</HI> by <HI>N.</HI> his Attorney, and the &s;ame <HI>N.</HI>
<NOTE PLACE="marg">An Avowry for Service and Suit at the Mill.</NOTE> in proper per&s;on, come and defend, &amp;c. And the &s;ame <HI>J. L.</HI> doth well avow; and the &s;ame <HI>J. L.</HI> and the afore&s;ad <HI>N.</HI> as the Bailiffs of <HI>H. T.</HI> and <HI>R. T.</HI> well acknowledge the taking of the cattell afore&s;aid, in the afore&s;aid place in which, &amp;c. And ju&s;tly, &amp;c. becau&s;e they &s;ay, that the &s;ame place in which the taking of the cattell was &s;uppo&s;ed to be done containeth, and the afore&s;aid time wherein the taking of the cattell was &s;uppo&s;ed to be done, and did contain in it ten acres of Land, with the Appurtenances, in <HI>M.</HI> afore&s;aid: And that long be|fore the &s;aid time in which, &amp;c. one <HI>J. T.</HI> was &s;eized of one fur|long of land, containing by e&s;timation, thirty acres, and of three other acres of land, with the Appurtenances, in <HI>M.</HI> afore&s;aid, whereof the afore&s;aid ten acres of land, with the Appurtenances are, and the afore&s;aid time wherein, &amp;c. and al&s;o from the time whereof the me|mory of man is not to the contrary, were parcell in his Deme&s;ne as of Fee: And the &s;ame Tenements, with the Appurtenance, where|of, &amp;c. he held of the &s;ame <HI>J. L.</HI> and of the afore&s;aid <HI>H. T.</HI> and <HI>R. T.</HI> as of their Mannor of <HI>T.</HI> with the Appurtenances, in the Coun|ty afore&s;aid, by Fealty, and the Rent of twenty &s;hillings, at four terms of the year, (that is to &s;ay) at the Fea&s;ts, &amp;c. by equall portions yearly to be paid: As al&s;o by doing &s;ervice thereupon, to them the &s;aid <HI>J. L. H.</HI> and <HI>R.</HI> of two Harve&s;t-days work yearly, at his Mannor afore&s;aid, and &s;uit unto his Mill, within his Mannor afore|&s;aid, and &s;uit unto the Court of the &s;ame Mannor, twice every year, (that is to &s;ay) at the Fea&s;ts, &amp;c. yearly to be held, of which &s;aid &s;ervices the &s;aid <HI>J. L. H.</HI> and <HI>R.</HI> were &s;eized by the hands of the afore&s;aid <HI>J. T.</HI> within fifty years la&s;t pa&s;t, before the &s;aid time where|in, &amp;c. as by the hands of their very Tenant, (that is to &s;ay) of the Fealty and Suit of the Court and Mill afore&s;aid, as of Fee and Right, and of the rent, and two Harve&s;t-days work afore&s;aid, in his Deme&s;ne as
<PB N="14" REF="10">of Fee: And the afore&s;aid <HI>J. T.</HI> of the Tenements afore&s;aid, with the Appurtenances, whereof, &amp;c. in form afore&s;aid, being &s;eized, the afore&s;aid <HI>J. T.</HI> afterwards, and before the &s;aid time wherein, &amp;c. at <HI>M.</HI> afore&s;aid, of &s;uch his E&s;tate, died thereof &s;eized; after who&s;e death the &s;ame Tenements with the Appurtenances, whereof, &amp;c. did de&s;cend to one <HI>N. T.</HI> as Son and Heir of the afore&s;aid <HI>J. T.</HI> whereby the &s;ame <HI>N.</HI> before the afore&s;aid time wherein, &amp;c. into the Tenements afore&s;aid, with the Appurtenances, whereof, &amp;c. did enter, and was thereof &s;eized in his Deme&s;ne, as of Fee; and &s;o being thereof &s;eized, the &s;ame <HI>N.</HI> before the &s;aid time wherein, &amp;c. at <HI>M.</HI> afore&s;aid, took to husband the afore&s;aid <HI>J. P.</HI> the Plaintiff, by which the &s;aid <HI>J. P.</HI> and <HI>N.</HI> were &s;eized of the Tenements afore&s;aid, with the Appurtenances, whereof, &amp;c. in their Deme&s;ne, as of Fee, in right of the &s;ame <HI>N.</HI> And being &s;o thereof &s;eized, the &s;ame <HI>J. L.</HI> and the afore&s;aid <HI>H.</HI> and <HI>R.</HI> be|fore the &s;aid time wherein, &amp;c. that is to &s;ay, (&s;uch a day and year) at <HI>T.</HI> afore&s;aid, reque&s;ted the afore&s;aid Plaintiff to do to them the &s;aid <HI>J. L. H.</HI> and <HI>R.</HI> two Harve&s;t-days work; but this to do, the afore&s;aid Plaintiff, then and there altogether refu&s;ed: And becau&s;e the afore&s;aid two Have&s;t-days work, after reque&s;t afore&s;aid, to the afore&s;aid Plaintiff, by them the &s;aid <HI>J. L. H.</HI> and <HI>R.</HI> in form afore&s;aid made to the &s;ame <HI>J. L. H.</HI> and <HI>R.</HI> were not performed: And al&s;o becau&s;e the afore&s;aid Plaintiff hath withdrawn his Suit unto his Mill afore&s;aid, for two whole years, ended before the &s;aid time wherein, &amp;c. the &s;ame <HI>J. L.</HI> in his own right doth well avow; and the &s;ame <HI>J. L.</HI> and <HI>N.</HI> as the Bailiffs of the afore&s;aid <HI>H.</HI> and <HI>R.</HI> doth well acknowledge the taking of the cattell afore&s;aid, in the afore&s;aid place in which, <HI>&amp;c.</HI> for the afore|&s;aid two Harve&s;t-days work, to them the &s;aid <HI>J. L. H.</HI> and <HI>R.</HI> &s;o un|performed; and for the &s;uit unto the Mill afore&s;aid, by the afore|&s;aid Plaintiff, in form afore&s;aid withheld: And ju&s;ty, <HI>&amp;c.</HI> upon the afore&s;aid Plaintiff, as upon the rightfull Tenant of them the &s;aid <HI>J. L. H.</HI> and <HI>R.</HI> in right of the afor&s;aid <HI>N.</HI> and within their Fee, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Plaintiff &s;aith,
<NOTE PLACE="marg">A barre to the Avowry.</NOTE> That neither the afore&s;aid <HI>J. L.</HI> by the rea&s;on before alledged, ought to avow the taking of the cattell afore&s;aid, in the afore&s;aid place wherein, <HI>&amp;c.</HI> nor the &s;ame <HI>J. L.</HI> and the afore&s;aid <HI>N.</HI> by the &s;ame rea&s;on, as the Bailiffs of the afore&s;aid <HI>H.</HI> and <HI>R.</HI> ought to acknowledge the taking of the &s;ame cattell in the afore&s;aid place in which, <HI>&amp;c.</HI> to be ju&s;t, becau&s;e by prote&s;tation, he &s;ays, That there is no &s;uch Mannor of <HI>T.</HI> in the County afore&s;aid, as they the &s;aid <HI>J. L.</HI> and <HI>N.</HI> in their Avowry and Cognizance afore|&s;aid have above alledged: For Plea, he &s;aith, That long before the &s;aid time of taking the cattell afore&s;aid, the afore&s;aid <HI>J. T.</HI> was &s;eized of the Tenements afore&s;aid, with the Appurtenances where|of, &amp;c. in his Deme&s;ne as of Fee, and being &s;o &s;eized thereof be|fore the &s;aid time of the taking of the cattell afore&s;aid, at <HI>M.</HI> afore|&s;aid, of &s;uch his State died &s;eized, after who&s;e death, the Tenements
<PB N="15" REF="10">afore&s;aid, whereof, <HI>&amp;c.</HI> among&s;t others, did de&s;cend to the afore&s;aid <HI>N.</HI> as to the Daughter and Heire of the afore&s;aid <HI>J. T.</HI> by which the &s;ame <HI>N.</HI> before the &s;aid time wherein, <HI>&amp;c.</HI> into the Tenements afore|&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> did enter, and was thereof &s;eized in her Deme&s;ne as of Fee; and being &s;o thereof &s;eized, the &s;ame <HI>N.</HI> before the &s;aid time, wherein, <HI>&amp;c.</HI> At <HI>M,</HI> afore&s;aid, took to Husband him the &s;aid Plaintiff, <HI>&amp;c.</HI> (As above) by which the &s;aid Pliantiff and <HI>N.</HI> were &s;eized of the Tenements afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> in their Deme&s;ne as of Fee, in Right of the &s;aid <HI>N.</HI> And being &s;o thereof &s;eized, the &s;ame Plain|tiff before the &s;aid time, wherein, <HI>&amp;c.</HI> put his Cattell afore&s;aid, into the afore&s;aid place, in which, <HI>&amp;c.</HI> to feed upon the Gra&s;&s;e then thereupon growing; And the &s;ame Cattell were in the &s;aid place wherein, <HI>&amp;c.</HI> feeding upon the Gra&s;&s;e then thereupon grow|ing, untill the afore&s;aid <HI>I. L.</HI> and <HI>N.</HI> (&s;uch a day and year afore&s;aid) at <HI>M.</HI> afore&s;aid, in the afore&s;aid place, called <HI>P. &amp;c.</HI> took the &s;ame Cattell of him the &s;aid Plaintiff: And them unju&s;tly detained,
<NOTE PLACE="marg">The Traver&s;e of the Tenure.</NOTE> again&s;t Sureties and Pledges, untill, <HI>&amp;c.</HI> as he above again&s;t them doth complaine, without that, that he and the afore&s;aid <HI>N.</HI> held the Tenements afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> of the afore&s;aid <HI>I. L. H.</HI> and <HI>R.</HI> as of the afore&s;aid Mannor of <HI>T.</HI> with the Appurtenances, in the County afore&s;aid, by Fealty, and the Rent of twenty &s;hillings, at the four Termes of the year, that is to &s;ay, at the Fea&s;ts, <HI>&amp;c.</HI> by equall portions, yearly to be paid, as is al&s;o by doing &s;ervice thereof to the afore&s;aid <HI>I. L. H.</HI> and <HI>R.</HI> of two Harve&s;t dayes work yearly, at their Mannor afore&s;aid, and Suit unto their Mill afore&s;aid, and unto the Court of the &s;ame Mannor, twice by the year, that is to &s;ay, at the Fea&s;ts, <HI>&amp;c.</HI> yearly to be held, as the afore&s;aid <HI>I. L.</HI> and <HI>N.</HI> have above in their Avowry and Conuzance afore&s;aid alleadged; and this he is ready to aver: Wherefore for that the afore&s;aid <HI>I. L.</HI> and <HI>N.</HI> the taking of the Cattell afore&s;aid, in the afore&s;aid place in which, <HI>&amp;c.</HI> have above acknowledged; the &s;aid Plaintiff demands Judgment, and his damages, by rea&s;on of the taking and unju&s;t detaining of the &s;ame Cattell, to be adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>Defendants</HI> as formerly, &s;ay,
<NOTE PLACE="marg">I&s;&s;ue upon the Traver&s;e.</NOTE> That the &s;aid <HI>Plain|tiff</HI> and <HI>N.</HI> do hold the Tenements afore&s;aid, with the Appurtenan|ces, whereof, <HI>&amp;c.</HI> of the afore&s;aid <HI>I. L. H.</HI> and <HI>R.</HI> as of their afore|&s;aid Mannor of <HI>T.</HI> with the Appurtenances in the County afore&s;aid by Fealty, and the rent of twenty &s;hillings at four Termes of the year, that is is to &s;ay, at the Fea&s;ts, <HI>&amp;c.</HI> by equall portions, yearly to be paid: As al&s;o by the doing &s;ervice thereof to the afore&s;aid <HI>I. L. H.</HI> and <HI>R.</HI> of two Harve&s;t dayes work yearly at their Mannor afore&s;aid, and Suit un|to their Mill afore&s;aid, and at the Court of the &s;ame Mannor, twice by the year, that is to &s;ay, at the Fea&s;ts, <HI>&amp;c.</HI> yearly to be held, as they a|bove
<PB N="16" REF="11">have alleadged, and of this they put them&s;elves upon the Country. And the afore&s;aid Plaintiff in like manner: Therefore command is gi|ven to the Sheriff, that twelve, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P><HI>R. T.</HI>
<NOTE PLACE="marg"><HI>Replevin</HI> 38.</NOTE> the Elder was &s;ummoned to an&s;wer <HI>R. T.</HI> the younger, of a Plea, wherefore he took the Cattell of him the &s;aid <HI>R. T.</HI> the younger, and them unju&s;tly detained again&s;t Sureties and Pledges, un|till, <HI>&amp;c.</HI> And whereupon the afore&s;aid <HI>R. T.</HI> the younger, by <HI>J. D.</HI> his Attorney complaineth, that the afore&s;aid <HI>R. T.</HI> the elder (&s;uch a day and year) at <HI>O.</HI> in a certain place called <HI>E.</HI> took the Cattell, that is to &s;ay, two Hor&s;es of him the &s;aid <HI>R. T.</HI> the younger, and them un|ju&s;tly detained again&s;t Sureties and Pledges untill, <HI>&amp;c.</HI> whereupon he &s;aith he is damnified, and hath damage to the value of ten pounds: And thereupon he bringeth Suit. <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R. T.</HI>
<NOTE PLACE="marg">Avowry for a Rent-charge upon Pre&s;crip|tion to di&s;train.</NOTE> the elder, by <HI>T. C.</HI> his Attorney, comes and defends the Force and Injury, when, <HI>&amp;c.</HI> And well avows the ta|king of the &s;aid Cattell in the afore&s;aid place in which, <HI>&amp;c.</HI> and ju&s;tly, <HI>&amp;c.</HI> Becau&s;e he &s;ayes, that the &s;ame place in which the taking of the &s;aid Cattell is &s;uppo&s;ed to be done containeth, and at the afore&s;aid time, when the taking of the &s;aid Cattell was &s;uppo&s;ed to be done, did containe in it &s;elfe four Acres of Land, with the Appurtenances in <HI>C.</HI> afore&s;aid: And that he the &s;aid <HI>R. T.</HI> the elder, before the &s;ame time wherein, <HI>&amp;c.</HI> was &s;eized in his Deme&s;ne as of Fee, of a certain Annuall Rent of two &s;hillings and four pence, i&s;&s;uing, and yearly to be received of and in the afore&s;aid four Acres of Land with the Appurte|nances, at the Fea&s;ts of Saint <HI>Michael</HI> the Arch-Angell, and the An|nunciation of the ble&s;&s;ed Virgin <HI>Mary,</HI> by equall portions to be paid, and there payable: And the &s;ame <HI>R. T.</HI> the elder, and his Ance&s;tors, and all tho&s;e who&s;e e&s;tate his Ance&s;tors had in the Rent afore&s;aid, from the time whereof the contrary is not extant in the memory of man, were &s;eized of the &s;ame Rent i&s;&s;uing, and to be received of and in the afore&s;aid four Acres of Land, with the Appurtenances, at the Fea&s;ts a|fore&s;aid, by equall Portions, by the hands of his Tenant of the Free|hold of the &s;aid four Acres of Land, with the Appurtenances, for the time being to be paid: And by the &s;ame whole time were u&s;ed to di|&s;train in the afore&s;aid four Acres of Land, with the Appurtenances, for the Arrearages of the Rent afore&s;aid, after any Fea&s;t of the Fea&s;ts afore|&s;aid remaining in arrear; And becau&s;e ten &s;hillings and &s;ix pence of the Rent afore&s;aid, for four years and halfe a year ended, at the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, next before the afore&s;aid time, wherein, <HI>&amp;c.</HI> to him the &s;aid <HI>R. T.</HI> the elder, at the &s;ame time wherein, <HI>&amp;c.</HI> were in arrear, and unpaid, he the &s;aid <HI>R. T.</HI> the elder for the &s;ame ten &s;hillings and &s;ix pence of the Rent afore&s;aid, to him the &s;aid <HI>R. T.</HI> the elder, &s;o being in arrear, doth well avow the taking of the Cattell afore|&s;aid,
<PB N="17" REF="11">in the place afore&s;aid, in which, <HI>&amp;c.</HI> And ju&s;tly, <HI>&amp;c.</HI> As in the Lands of him the &s;aid <HI>R. T.</HI> the elder, in form afore&s;aid, lyable and chargeable with Di&s;tre&s;&s;e.</P>
<P>And the afore&s;aid <HI>R. T.</HI> the younger &s;aith, That the afore&s;aid <HI>R. T.</HI>
<NOTE PLACE="marg">A Plea in Bar to the Avowry.</NOTE> the elder, for the rea&s;on before alledged, the taking of the afore&s;aid Cattell, in the afore&s;aid place, wherein, <HI>&amp;c.</HI> ought not to avow to be ju&s;t, becau&s;e he &s;aith, that he before the afore&s;aid time of the taking of the Cattell, and the &s;ame time wherein, <HI>&amp;c.</HI> was &s;eized of the afore|&s;aid four Acres of Land, with the Appurtenances in <HI>C.</HI> afore&s;aid, called <HI>C.</HI> in which, <HI>&amp;c.</HI> in his Deme&s;ne as of Fee, clearly di&s;charged of the a|fore&s;aid annuall Rent of two &s;hillings and four pence; without this, that the afore&s;aid <HI>R. T.</HI> the elder, and his Ance&s;tors,
<NOTE PLACE="marg">A Traver&s;e of the Sei&s;in of the Rent and Pre|&s;cription.</NOTE> from the time whereof the contrary is not extant in the memory of man, were &s;eized of the afore&s;aid annuall Rent of two &s;hillings and four pence, i&s;&s;uing, and yearly to be received of and in the afore&s;aid four Acres of Land, with the Appurtenances: And by the &s;ame whole time were u&s;ed to di|&s;train upon the afore&s;aid four Acres of Land, with the Appurtenances, for the arrearages of the &s;ame, as the afore&s;aid <HI>R. T.</HI> the elder hath a|bove alledged, and this he is ready to aver; wherefore for that the a|fore&s;aid <HI>R. T.</HI> the elder, the taking of the Cattell afore&s;aid, in the place afore&s;aid, in which, <HI>&amp;c.</HI> hath above acknowledged the &s;ame <HI>R. T.</HI> the younger prayeth, Judgment and his damages, by occa&s;ion of the taking and unju&s;t detaining of tho&s;e Cattell to be adjudged unto him.</P>
<P>And the afore&s;aid <HI>R. T.</HI> the elder, as formerly, &s;aith, That he and all his Ance&s;tors,
<NOTE PLACE="marg">The I&s;sue taken upon a Sei&s;in and Pre&s;crip|tion.</NOTE> from the time whereof the contrary is not extant in the memory of man; were &s;eized of the afore&s;aid annuall Rent of two &s;hillings and four pence, i&s;&s;uing, and yearly to be received, of and in the afore&s;aid four Acres of Land with the Appurtenances: And by the &s;ame whole time were u&s;ed to di&s;train upon the afore&s;aid four Acres of Land with the Appurtenances, for the Arrearage of the &s;ame, as he above hath alledged: And upon this he puts him|&s;elfe upon the Country: And the afore&s;aid <HI>R. T.</HI> the younger in like manner: Therefore command is given to the Sheriff, that he cau&s;e twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>I. N.</HI> was &s;ummoned to an&s;wer <HI>W. D.</HI> of a Plea; wherefore he took the Cattell of him the &s;aid <HI>W.</HI> and them unju&s;tly detained,
<NOTE PLACE="marg">Replevin.</NOTE> again&s;t Sureties and Pledges, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>W.</HI> by <HI>I. D.</HI> his Attorny, complaineth that the afore&s;aid <HI>J. N.</HI> (&s;uch a day and year) at <HI>R.</HI> in a certain place called <HI>E.</HI> took the Cattell, that is to &s;ay, five Heifers, and two Bullocks, of him the &s;aid <HI>W.</HI> and them unju&s;tly de|tained, again&s;t Sureties and Pledges, untill, <HI>&amp;c.</HI> Whereupon he &s;aith, that he is damnified, and hath damage to the value of twenty pounds: And thereof he bringeth Suit, <HI>&amp;c.</HI></P>
<PB N="18" REF="12">
<P>And the afore&s;aid <HI>J.</HI>
<NOTE PLACE="marg">An Avowry of taking the Cat|tell damage-fea&s;ant.</NOTE> by <HI>R. F.</HI> his Attorney, comes and defends the force and injury, when, <HI>&amp;c.</HI> And as the Bailiff of <HI>J. E.</HI> aknowledgeth the taking of the afore&s;aid Cattell, in the afore&s;aid place, in which, <HI>&amp;c.</HI> And ju&s;tly. <HI>&amp;c.</HI> Becau&s;e he &s;aith, That the &s;ame place in which the taking of the Cattell afore&s;aid is &s;uppo&s;ed to be done, containeth, and the afore&s;aid time of the taking afore&s;aid, above &s;uppo&s;ed to be done, did contain in it, &s;ixteen acres of land, with the Appurtenances in <HI>R.</HI> afore&s;aid, which &s;aid &s;ixteen acres of land, with the Appurte|nances are, and the afore&s;aid time of taking the afore&s;aid Cattell above &s;uppo&s;ed to be done, were the &s;ole and free Tenement of the &s;aid <HI>J. E.</HI> And becau&s;e the Cattell afore&s;aid, the afore&s;aid time, wherein, <HI>&amp;c.</HI> were in the afore&s;aid place, in which, <HI>&amp;c.</HI> feeding upon the Gra&s;&s;e growing thereon, and doing damage there, the &s;ame <HI>J.</HI> as Bailiff of the afore&s;aid <HI>J. E.</HI> well acknowledgeth the taking of the afore&s;aid Cattell, in the afore&s;aid place, in which, <HI>&amp;c.</HI> and ju&s;tly, <HI>&amp;c.</HI> doing damage there, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>W.</HI>
<NOTE PLACE="marg">A Plea in Barr to the Avowry by the Guardi|an in Socag<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> &s;aith, That the afore&s;aid <HI>J.</HI> for the rea&s;on before alledged, as Bailiff of the afore&s;aid <HI>J. E.</HI> ought not to acknow|ledge the taking of the afore&s;aid Cattell, in the afore&s;aid place in which, <HI>&amp;c.</HI> to be ju&s;t, becau&s;e he &s;aith, That before the afore|&s;aid time of the taking afore&s;aid, and long before, the &s;aid <HI>J. E.</HI> had any thing in the afore&s;aid &s;ixteen acres of land, with the Appurte|nances: One <HI>R. G.</HI> was &s;eized of the Mannor of <HI>H.</HI> with the Appur|tenances in the County afore&s;aid, whereof the afore&s;aid place in which, <HI>&amp;c.</HI> is, and the afore&s;aid time of the taking afore&s;aid, was par|cell in his Deme&s;ne as of Fee: And being &s;o thereof &s;ei&s;ed, he held the Mannor afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> of one <HI>B. W.</HI> Gentleman, as of his Mannor of <HI>L.</HI> in the County afore&s;aid, in Socage, that is to &s;ay, By fealty, and the rent of twenty pence by year, every year, at the Fea&s;t of Saint <HI>Michael</HI> the Arch-angel, yearly to be paid, as al&s;o by the &s;ervice of doing Suit to the Court of the &s;aid <HI>B.</HI> of his afore&s;aid Mannor of <HI>L.</HI> from three weeks to three weeks, at the afore|&s;aid Mannor, yearly to be held; and the &s;ame <HI>R.</HI> of the Mannor of <HI>H.</HI> afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> being &s;o &s;eized, died thereof &s;eized, after who&s;e death, the &s;aid Mannor, with the Appurte|nances, whereof, <HI>&amp;c.</HI> de&s;cended to the afore&s;aid <HI>J. E.</HI> as to the daugh|ter and heir of him the &s;aid <HI>R.</HI> the &s;ame <HI>J. E.</HI> being then within the age of fourteen years, that is to &s;ay, Of the age of twelve years: And the &s;aid <HI>W.</HI> is a neer friend of Kindred to the &s;aid <HI>J. E.</HI> that is to &s;ay, The brother of <HI>Elianor,</HI> the wife of the afore&s;aid <HI>R. C.</HI> and mo|ther of the afore&s;aid <HI>J. E.</HI> to whom the afore&s;aid Mannor o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>H.</HI> with the Appurtenances, whereof, <HI>&amp;c.</HI> cannot from the afore&s;aid <HI>J. E.</HI> by hereditary right de&s;cend, by which the cu&s;tody of the afore&s;aid Man|nor of <HI>H.</HI> with the Appurtenances, whereof, <HI>&amp;c.</HI> and of the afore|&s;aid <HI>J. E.</HI> untill the lawfull age of fourteen years, of her the &s;aid <HI>J. E.</HI>
<PB N="19" REF="12">doth pertain, by which the &s;aid <HI>W.</HI> the afore&s;aid time of taking afore|&s;aid, was of the cu&s;tody of the &s;aid Mannor of <HI>H.</HI> with the Appurte|nances, whereof, <HI>&amp;c.</HI> And of the afore&s;aid <HI>J. E.</HI> po&s;&s;e&s;&s;ed; for that at the &s;ame time in which, <HI>&amp;c.</HI> The &s;aid <HI>J. E.</HI> was within the age of four|teen years: And being &s;o thereof po&s;&s;e&s;&s;ed afterwards, and before the afore&s;aid time of taking afore&s;aid, he put his afore&s;aid Cattell, in the afore&s;aid place, which, <HI>&amp;c.</HI> to feed on the Gra&s;&s;e thereupon then growing: which &s;aid Cattell were in the afore&s;aid place, in which, <HI>&amp;c.</HI> feeding upon the Gra&s;&s;e then growing, untill the afore&s;aid <HI>J.</HI> the day and year above &s;aid, in the Declaration above &s;pecified at <HI>R.</HI> afore&s;aid, took the afore&s;aid Cattell of him the &s;aid <HI>W.</HI> and them unju&s;tly detained, again&s;t Sureties and Pledges, untill, <HI>&amp;c.</HI> as the &s;aid <HI>W.</HI> again&s;t him complains: And this he is ready to aver, whereupon for that the afore&s;aid <HI>J.</HI> above acknowledges the taking of the afore|&s;aid Cattell, in the afore&s;aid place, in which, <HI>&amp;c.</HI> The &s;aid <HI>W.</HI> prays Judgement, and his damages by occa&s;ion of the taking, and unju&s;t de|taing of the afore&s;aid Cattell, to be adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J.</HI> as formerly, &s;aith,
<NOTE PLACE="marg">The Traver&s;e of the Tenure in Socage.</NOTE> That the afore&s;aid fifteen acres of land, with the Appurtenances, are, and at the afore&s;aid time of taking afore&s;aid, above &s;uppo&s;ed to be done, were the &s;ole and Free-hold of the afore&s;aid <HI>J. E.</HI> as he before hath alledged: without that, that the afore&s;aid <HI>R.</HI> held the afore&s;aid Mannor of <HI>H.</HI> with the Appurtenances, whereof, <HI>&amp;c.</HI> of the afore&s;aid <HI>B. W.</HI> as of his Mannor of <HI>L.</HI> in Socage; that is to &s;ay, By fealty and the rent of twenty pence by year, every year; at the Fea&s;t of Saint <HI>Michael</HI> the Arch-angel, yearly to be paid, and by the &s;ervice of doing Suit at the Court of the afore&s;aid <HI>B</HI> of his afore&s;aid Mannor of <HI>L.</HI> from three weeks to three weeks, at the Mannor afore&s;aid, to be held year|ly, as the afore&s;aid <HI>W.</HI> hath above alledged: and this he is ready to averre, whereupon he prays Judgement, and the return of his Cattell afore&s;aid, together with his damages to him the afore&s;aid <HI>J. E.</HI> to be adjudged, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>W.</HI> as formerly, &s;aith, That the afore&s;aid <HI>R. C.</HI>
<NOTE PLACE="marg">I&s;&s;ue upon the Trever&s;e.</NOTE> held the afore&s;aid Mannor of <HI>H.</HI> with the Appurtenauces, where|of, <HI>&amp;c.</HI> of the afore&s;aid <HI>B. W.</HI> as of his Mannor of <HI>L.</HI> in Socage, that is to &s;ay. By fealty, and the rent of twenty pence by year, each year, at the Fea&s;t of Saint <HI>Michael</HI> the Arch-angel, yearly to be paid, as al&s;o by the &s;ervice of doing Suit at the Court of the afore&s;aid <HI>B.</HI> of his afore&s;aid Mannor of <HI>L.</HI> from three weeks to three weeks, at the &s;aid Mannor yearly to be held, as he hath before alledged: And this he prays may be inquited of by the Countrey, and the afore|&s;aid <HI>J.</HI> in like manner; Therefore command is given to the Sheriff, that he cau&s;e to come, twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="20" REF="13">
<P>AND the afore&s;aid <HI>R.</HI>
<NOTE PLACE="marg">An Avowry for a Rent-charge.</NOTE> by <HI>J. M.</HI> his Attorny, comes, <HI>&amp;c.</HI> And as the Bayliff of <HI>H. H.</HI> Gentleman, well acknowledgeth the taking of the Cattell afore&s;aid, in the afore&s;aid place, in which, <HI>&amp;c.</HI> And ju&s;tly, <HI>&amp;c.</HI> Becau&s;e he &s;aith, the &s;ame place containeth, and the a|fore&s;aid time wherein the taking of the Cattell afore&s;aid was &s;uppo|&s;ed to be done, did containe in it eighty Acres of Land, with the Appurtenances in <HI>M.</HI> afore&s;aid, parcell of the Mannor of <HI>M.</HI> with the Appurtenances in the County afore&s;aid, called <HI>M.</HI> Park, of which &s;aid Mannor, with the Appurtenances, whereof, <HI>&amp;c.</HI> one <HI>John,</HI> Duke of <HI>S.</HI> was &s;eized in his Deme&s;ne as of Fee: And &s;o being thereof &s;eized, the &s;aid <HI>D.</HI> before the &s;aid time, in which, <HI>&amp;c.</HI> To wit (&s;uch a day, year, and place) by his certaine Writing indented, which he the &s;aid <HI>R. A.</HI> with the Seal of him the &s;aid <HI>D.</HI> &s;igned here, brings into Court, the Date whereof is the &s;ame day and year, of the a&s;&s;ent of one <HI>H. H.</HI> Knight, decea&s;ed, granted, and by the &s;aid Writing confirmed unto the afore&s;aid <HI>R. H.</HI> a certaine Annuity or annuall Rent of thirteen pounds of lawfull money of <HI>England,</HI> year|ly to be received to him the &s;aid <HI>R. H.</HI> and the Heirs Males of his body, lawfully begotten, i&s;&s;uing out of the afore&s;aid Mannors of <HI>M. B.</HI> and <HI>B.</HI> in the County afore&s;aid; Which &s;aid Mannors, Land, and Te|nements, and other the Premi&s;es, with their Appurtenances, were lately the afore&s;aid <HI>J. H.</HI> in the Villages and Territories afore&s;aid, to have, levy, and receive the afore&s;aid Annuity or annuall Rent of thir|teen pounds afore&s;aid, to the afore&s;aid <HI>R. H.</HI> and the Heirs Males of his Body lawfully begotten, at two Terms of the year; that is to &s;ay, at the Fea&s;ts, <HI>&amp;c.</HI> yearly by equall portions to be paid. And further by the afore&s;aid Writing, he granted to him the &s;aid <HI>R.</HI> That as often as it &s;hould happen, the afore&s;aid Annuity or annuall Rent of thirteen pounds afore&s;aid, to him the &s;aid <HI>R.</HI> and the Heirs Males of his Body lawfully begotten, to be in arrear in part or in whole, by &s;ix weeks after any Fea&s;t of the Fea&s;ts afore&s;aid, wherein as afore&s;aid it ought to be paid: That &s;o often it &s;hould be lawfull to them the &s;aid <HI>R. H.</HI> and the Heirs Males of his Body lawfully begotten, into the &s;aid Mannor, Lands and Tenements afore&s;aid, and into every parcell there|of, as well for the &s;aid annuall Rent of thirteen pounds, as for &s;ix &s;hil|lings and eight pence, <HI>Nomine poenae</HI> granted to di&s;train, and &s;uch Di|&s;tre&s;&s;es &s;o taken from thence, to lead, cha&s;e, and carry away, and to re|tain in his power untill as well the afore&s;aid annuall Rent of thirteen pounds, as &s;ix &s;hillings and eight pence, <HI>Nomine poenae,</HI> as afore&s;aid granted, &s;hould be fully &s;atisfied and paid to them, as in the &s;aid inden|ted Writing more fully is manife&s;t: By vertue of which &s;aid Grant and Confirmation, the afore&s;aid <HI>R. H.</HI> was &s;eized of the afore&s;aid annuall Rent, with the Appurtenances in his Deme&s;ne as of Fee-tail,
<PB N="21" REF="13">that is to &s;ay, to him and the Heirs Males of his Body lawfully begot|ten: And the &s;aid <HI>R.</HI> being &s;o thereof &s;eized, before the &s;aid time wherein, <HI>&amp;c.</HI> The &s;aid <HI>R.</HI> had I&s;&s;ue of his Body lawfully begotten, one <HI>H. H.</HI> his Son and Heir Male: And after the afore&s;aid <HI>R.</HI> at <HI>E.</HI> in the County of <HI>N.</HI> dyed, after the death of which &s;aid <HI>R. H.</HI> and be|fore the &s;aid time wherein, <HI>&amp;c.</HI> the &s;aid Rent to the afore&s;aid <HI>H. H.</HI> as Son and Heir Male of the body of him the &s;aid <HI>R.</HI> lawfully begotten did de&s;cend, by which the &s;ame <HI>H.</HI> the Rent afore&s;aid received, and was thereof &s;eized in his Deme&s;ne as of Fee-tail, by vertue of the Grant afore&s;aid: And being &s;o thereof &s;eized, the &s;ame <HI>H.</HI> afterwards and before the &s;aid time wherein, <HI>&amp;c.</HI> had I&s;&s;ue the afore&s;aid <HI>H. H.</HI> his Son and Heir Male of his body lawfully begotten; and afterwards the &s;aid <HI>H.</HI> at <HI>E.</HI> in the afore&s;aid County of <HI>N.</HI> in like manner dyed. After the death of which &s;aid <HI>H. H.</HI> and before the &s;aid time wherein, <HI>&amp;c.</HI> the &s;aid Rent did de&s;cend to the afore&s;aid <HI>Henry H.</HI> as Son and Heir Male of the body of the &s;aid <HI>Hugh,</HI> lawfully begotten, by which the &s;aid <HI>Henry</HI> the Rent afore&s;aid received, and was thereof &s;eized in his De|me&s;ne as of Fee-tail, by vertue of the Grant and Confirmation afore|&s;aid: And becau&s;e &s;ix pounds and ten &s;hillings of the Rent afore&s;aid, for halfe a year, ending at the Fea&s;t of Saint <HI>Michael</HI> (in &s;uch a year) and for the &s;pace of &s;ix weeks after the &s;ame Fea&s;t, as al&s;o &s;ix &s;hillings and eight pence, <HI>Nomine poenae,</HI> by the afore&s;aid writing grant|ed, for with-holding of the afore&s;aid Annuity, for the &s;pace of the a|fore&s;aid &s;ix weeks, to him the &s;aid <HI>H.</HI> were in arrear, and as yet remain unpaid, the afore&s;aid <HI>R.</HI> well avows the taking of the Cattell afore&s;aid, in the afore&s;aid place, in which, <HI>&amp;c.</HI> as in the Mannor and Tenements of him the &s;aid <HI>H.</HI> in form afore&s;aid, charged and lyable to D<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;tre&s;&s;e, as well for the afore&s;aid &s;ix pounds and ten &s;hillings of the Rent afore|&s;aid, as al&s;o for the afore&s;aid &s;ix &s;hillings and eight pence, <HI>Nomine poe|nae,</HI> in form afore&s;aid granted, and &s;o being in arrear in form afore&s;aid: And ju&s;tly, <HI>&amp;c.</HI> And this he is ready to aver; whereupon he demands Judgment, and the return of the Cattell afore&s;aid, together with, <HI>&amp;c.</HI> to be adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J.</HI> &s;aith, that the afore&s;aid <HI>R. A.</HI> by the rea&s;on be|fore alledged, as Bayliff of the &s;aid <HI>H. H.</HI> ought not to acknowledge the taking of the Cattell afore&s;aid, in the afore&s;aid place, in which, <HI>&amp;c.</HI> to be ju&s;t; becau&s;e he &s;ayes, That long before the afore&s;aid time, wherein the taking of the Cattell afore&s;aid is &s;uppo&s;ed to be done; one <HI>W. R.</HI> was &s;eized of the afore&s;aid eighty Acres of Land, with the Ap|purtenances, in his Deme&s;ne as of Fee: And being &s;o thereof &s;eized, he the &s;aid <HI>W.</HI> afterwards, and before the afore&s;aid time wherein, <HI>&amp;c.</HI> To wit (&s;uch a day, year, and place) did demi&s;e the afore&s;aid eighty Acres of Land, with the Appurtenances, in which, <HI>&amp;c.</HI> to him the &s;aid <HI>J.</HI> to have and to hold, to him and his A&s;&s;ignes, from the &s;aid (&s;uch a day and year) afore&s;aid, unto the end and Term of five years then
<PB N="22" REF="14">next following, and fully to be compleat: By vertue of which &s;aid Demi&s;e, the afore&s;aid <HI>J.</HI> into the &s;aid eighty acres of Land with the Appurtenances, in which, <HI>&amp;c.</HI> did enter, and was, and yet is thereof po&s;&s;e&s;&s;ed: And &s;o being thereof po&s;&s;e&s;&s;ed, he the &s;aid <HI>J.</HI> &s;aith, That he holdeth, and the afore&s;aid time wherein, <HI>&amp;c.</HI> He held the afore&s;aid eighty acres of Land, with the Appurtenances, in which, &amp;c. for term of years, the Rever&s;ion thereof, after the &s;ame Term compleated, to the afore&s;aid <HI>W.</HI> and his Heirs, in form afore&s;aid belonging; without the which &s;aid <HI>W.</HI>
<NOTE PLACE="marg">A prayer in ayd by the Tenant for term of years of him in Re|ver&s;ion.</NOTE> he the &s;aid <HI>I.</HI> cannot an&s;wer the afore&s;aid <HI>R.</HI> to his Avowry afore&s;aid, nor bring the &s;aid Plea thereupon into Judgment, and prays aid of the afore&s;aid <HI>W.</HI> and it is granted him, <HI>&amp;c.</HI> Therefore command is given to the Sheriff, that he &s;ummon by good &s;ummoners the afore&s;aid <HI>W. R.</HI> That he be here in 8 dayes of Saint <HI>Hillary,</HI> to an|&s;wer the afore&s;aid <HI>R. A.</HI> together with the afore&s;aid <HI>I.</HI> of the afore&s;aid Plea, if, &amp;c. The &s;ame day is given as well to the afore&s;aid <HI>R.</HI> as to the a|fore&s;aid <HI>J.</HI>
<NOTE PLACE="marg">An E&s;soyn ca&s;t, by him prayed in ayd.</NOTE> here, <HI>&amp;c.</HI> At which d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y here came as well the afore|&s;aid <HI>J.</HI> as the afore&s;aid <HI>R. A.</HI> by their Attorneys afore&s;aid: And the fore&s;aid <HI>W.</HI> &s;ummoned, &amp;c. cau&s;ed him&s;elf to be e&s;&s;oyned, of his ill com|ing again&s;t the afore&s;aid <HI>R.</HI> upon the afore&s;aid Plea: And had thereupon day by his E&s;&s;oyn here, untill fifteen dayes after <HI>Ea&s;ter</HI> then next fol|lowing: The &s;ame day is given as well to the afore&s;aid <HI>I.</HI> as to the a|fore&s;aid <HI>R.</HI> here, &amp;c. At which day here came as well the afore&s;aid <HI>R. A.</HI> by his Attorney afore&s;aid, as the afore&s;aid <HI>W. R.</HI> by <HI>I. R.</HI> his At|torney:
<NOTE PLACE="marg">E&s;soyn for the Plaintiff.</NOTE> And the afore&s;aid <HI>J. P.</HI> in like manner cau&s;ed him&s;elf to be E&s;&s;oyned of his ill coming again&s;t the afore&s;aid <HI>R. A.</HI> of the afore&s;aid Plea; and had day thereupon by his E&s;&s;oyn here, untill five weeks after <HI>Ea&s;ter</HI> then next following: The &s;ame day is given as well to the afore|&s;aid <HI>R.</HI> as to the afore&s;aid <HI>W. R.</HI> who then appeared here by the afore|&s;aid <HI>J. R.</HI> his Attorney, as it appears in <HI>Ea&s;ter</HI> Term la&s;t pa&s;t, by the E&s;&s;oyns, &amp;c. At which day here came as well the afore&s;aid <HI>J. P.</HI> and <HI>R. A.</HI> by their Attorneys afore&s;aid, as the afore&s;aid <HI>W. R.</HI> by <HI>J. R.</HI> his At|torney afore&s;aid: And he the &s;aid <HI>W. R.</HI> freely joynes him&s;elf to the afore&s;aid <HI>J.</HI> in aid again&s;t the afore&s;aid <HI>R. A.</HI> of the afore&s;aid Plea: And upon this, as well the afore&s;aid <HI>J. P.</HI> as the afore&s;aid <HI>W,</HI> who joynes him&s;elfe, &amp;c. &s;ayes that the afore&s;aid <HI>R. A.</HI> the taking of the Cattell afore&s;aid, in the afore&s;aid place called <HI>M.</HI> ought not to avow to be ju&s;t,
<NOTE PLACE="marg">T<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">aver&s;e.</NOTE> becau&s;e he &s;aith, that the afore&s;aid (&s;uch a day and year) in the Avowry afore&s;aid &s;pecified, one <HI>J. S.</HI> was &s;eized in his Deme&s;ne as of Fee, of, &amp;c. in the afore&s;aid eighty Acres of Land, called <HI>M.</HI> Park, with the Appurtenances; without that, that the afore&s;aid Duke of <HI>S.</HI> had any thing in the afore&s;aid 80 Acres of Land, with the Appurtenan|ces, called <HI>M.</HI> at the time of the Grant of the &s;aid Annuity or annuall Rent afore&s;aid, in manner and form afore&s;aid made, as the afore&s;aid <HI>R. A.</HI> hath above alledged: And this he is ready to aver, whereupon he demands Judgment, and his damages, by rea&s;on of the taking and unju&s;t
<PB N="23" REF="14">detaining of the Cattell afore&s;aid to be adjudged unto him, &amp;c.
<NOTE PLACE="marg">I&s;&s;ue upon the Traver&s;e.</NOTE></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>And the afore&s;aid <HI>R.</HI> as formerly &s;aith, That the afore&s;aid Duke was of the afore&s;aid eighty Acres of Land, with the Appurtenances called <HI>M. P.</HI> &s;eized in his Deme&s;ne as of Fee, at the afore&s;aid time of the Grant made of the &s;aid Annuity or annuall Rent afore&s;aid, as he above hath alledged: And upon this he puts him&s;elf upon the Coun|try, and the afore&s;aid <HI>W. R.</HI> who joynes him&s;elf, &amp;c. in like manner: Therefore command is given to the Sh. that he cau&s;e to come, 12 &amp;c,</P>
<P>AND the afore&s;aid <HI>R.</HI> by <HI>I.</HI> his Attorney,
<NOTE PLACE="marg"><HI>An Avowry for an Amercia|men<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> in a court Baron,</HI> Ea&s;ter <HI>Term,</HI> 18 El. <HI>the Queen,</HI> Rot. 1072, 276. A.</NOTE> comes and defends the force and injury when, &amp;c. And as the Bayliff of <HI>S.</HI> and <HI>R.</HI> his Wife, doth well acknowledge the taking of the afore&s;aid Cow in the afore&s;aid place, in which, &amp;c. And ju&s;tly, &amp;c. Be|cau&s;e he &s;aith, that long before the &s;aid time, wherein the taking of the Cow afore&s;aid was &s;uppo&s;ed to be done, the afore&s;aid <HI>S.</HI> and <HI>R.</HI> were &s;eized of the Mannor of <HI>R.</HI> with the Appurtenances in the County afore&s;aid, in their Deme&s;ne as of Fee, in right of the &s;aid <HI>R.</HI> And that the afore&s;aid Plaintiff before the &s;aid time, wherein, &amp;c. was inhabiting and re&s;iding within the Mannor afore&s;aid, and divers dayes and times before the &s;aid time, in which, &amp;c. did over-charge the Common in the Pa&s;tures or Fields of <HI>R.</HI> afore&s;aid, with his Cattell: And the afore&s;aid Defendant &s;aith, That before the afore&s;aid time, wherein, &amp;c. That is to &s;ay, at the Court-Baron of the afore&s;aid <HI>S.</HI> and <HI>R.</HI> of their Mannor afore&s;aid, at <HI>R.</HI> afore&s;aid (&s;uch a day and year) held before <HI>W. B.</HI> then Steward of the Court of them the &s;aid <HI>S.</HI> and <HI>R.</HI> of their Mannor afore&s;aid, it was pre&s;ented by <HI>J. H. R. S.</HI> and others, then and there &s;worn, that the afore&s;aid Plaintiff, had over-charged the Common with his Cattell in a certain Field called <HI>R.</HI> within the Precinct of the Mannor afore&s;aid, to the damage of the Lord of the &s;ame Mannor, and of his neighbours: For which default, the afore&s;aid Plaintiff, then and there, by the Homage of the Court afore&s;aid was amerced, which &s;aid Amerciament, by I. H. R. S. I. B. and I. F. then Afferors of the &s;ame Court, there|unto cho&s;en and there &s;worn, was affered and taxed unto five &s;hil|lings: And that the afore&s;aid <HI>W. B.</HI> Steward of the Court afore|&s;aid before the &s;aid time, wherein, &amp;c. at R. afore&s;aid, did extract out of the I&s;&s;ue Rolls of the Mannor afore&s;aid, the afore&s;aid five &s;hillings, and that extract then and there, did deliver to him the De|fendant, and commanded him to receive of the afore&s;aid Plaintiff, the afore&s;aid five &s;hillings: And the &s;ame <HI>Defendant</HI> by vertue of the Extract and Precept afore&s;aid, as Bayliff of the afore&s;aid S. and R. of their Mannor afore&s;aid, and of the Court Baron afore&s;aid, at R. a|fore&s;aid,
<NOTE PLACE="marg">Reque&s;t of pay|ment and refu|&s;all.</NOTE> did reque&s;t the afore&s;aid <HI>Plaintiff</HI> to pay unto him the &s;aid <HI>Defendant</HI> the &s;ame five &s;hillings; which &s;aid five &s;hillings the <HI>Plain|tiff</HI>
<PB N="24" REF="15">then and there altogether refu&s;ed to pay unto him the <HI>Defendant:</HI> And the &s;ame <HI>Defendant</HI> further &s;aith, That the afore&s;aid <HI>S.</HI> and <HI>R.</HI> and all they who&s;e e&s;tate the &s;ame <HI>S.</HI>
<NOTE PLACE="marg">Pre&s;cription to di&s;train.</NOTE> and <HI>R.</HI> now have, and the afore&s;aid time wherein, <HI>&amp;c.</HI> had in the Mannor afore&s;aid, with the Appurte|nances, from the time whereof the memory of man is not to the con|trary, were u&s;ed to di&s;train for all Amerciaments and Puni&s;hments, for|feited, a&s;&s;e&s;&s;ed, and impo&s;ed upon any the Tenants or Inhabitants, or Re&s;idents within the Mannor afore&s;aid, at the Court-baron within the Precinct of the Mannor afore&s;aid, held for all manner of Tre&s;|pa&s;&s;es, over-charging of the Common of Fields or Pa&s;ture, being with|in the Precinct of the &s;ame Mannor, and not being taxed above forty &s;hillings, as al&s;o for all other Offences within the afore&s;aid Mannor done or committed by any Tenant re&s;iding, or inhabiting within the Precinct of the &s;ame Mannor at every Court-baron, within the Mannor afore&s;aid, yearly in form afore&s;aid to be held: And the &s;aid Defendant in fact &s;aith, That the afore&s;aid Plaintiff (&s;uch a day and year) was re&s;iding and inhabiting within the Precinct of the Mannor afore&s;aid, of them the &s;aid <HI>S.</HI> and <HI>R.</HI> afore&s;aid: And becau&s;e the afore|&s;aid five &s;hillings of the Amerciament afore&s;aid to the &s;ame <HI>S.</HI> and <HI>R.</HI> the &s;ame time wherein, &amp;c. were in arrear unpaid, the &s;ame Defendant as Bayliff of the afore&s;aid <HI>S.</HI> and <HI>R.</HI> by vertue of the commandment afore&s;aid, for the &s;ame five &s;hillings of the Amerciament afore&s;aid &s;o unpaid, well avows the taking of the Cow afore&s;aid, in the afore&s;aid place, in which, <HI>&amp;c.</HI> And ju&s;tly, <HI>&amp;c.</HI> And within the Precinct of the Mannor afore&s;aid, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Plaintiff &s;aith,
<NOTE PLACE="marg">A Bar to the Avowry.</NOTE> that the afore&s;aid Defendant, for the rea&s;on before alleadged, as the Bayliff of the afore&s;aid <HI>S.</HI> and <HI>R.</HI> the taking of the Cow afore&s;aid in the afore&s;aid place, in which, <HI>&amp;c.</HI> ought not to acknowlede to be ju&s;t, becau&s;e he &s;ayes that long before the a|fore&s;aid time of taking the Cow afore&s;aid, one <HI>T. L.</HI> and <HI>A.</HI> his Wife were &s;eized of one Me&s;&s;uage,
<NOTE PLACE="marg">A Pre&s;cription for Common of Pa&s;ture.</NOTE> and twenty Acres of Land, with the Ap|purtenances in <HI>R.</HI> afore&s;aid, in their Deme&s;ne as of Fee, in right of the &s;aid <HI>A.</HI> and them held of one <HI>W.</HI> as of his Mannor of <HI>R.</HI> by Fealty, and the Rent of three pence at the Fea&s;t, <HI>&amp;c.</HI> yearly to be paid for all &s;ervi|ces: And the &s;ame Plaintiff further &s;aith, That the afore&s;aid <HI>T.</HI> and <HI>A</HI> his Wife, and all tho&s;e who&s;e State the &s;ame <HI>T.</HI> and <HI>A.</HI> his Wife now have, and the afore&s;aid time wherein, <HI>&amp;c.</HI> had in the &s;aid Me&s;&s;uage and twenty Acres of Land, with the Appurtenances, from the time whereof the contrary is not extant in the memory of man, have had, and have u&s;ed to have for them&s;elves, their Farmers and Tenants of the &s;ame Tenements, for terme of life or years, or otherwi&s;e, Common of Pa&s;ture, every year, all times of the year, in the common Fields of the afore&s;aid <HI>S.</HI> and <HI>R.</HI> of their Mannor afore&s;aid, as unto the Tene|ments afore&s;aid, with the Appurtenances belonging. And the &s;ame <HI>T.</HI> and <HI>A.</HI> his Wife, of the &s;ame Tenements &s;o being &s;eized, before the
<PB N="25" REF="15">&s;aid time wherein, <HI>&amp;c.</HI> to wit, (&s;uch a day and year) at <HI>R.</HI> afore&s;aid, did demi&s;e the &s;aid Tenements with the Appurtenances,
<NOTE PLACE="marg">Lea&s;e to the R<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">inliff.</NOTE> to him the Plaintiff, to have and to hold to him and his A&s;&s;ignes, from the &s;ame (&s;uch a day and year) for one whole year then next following, and &s;o from year to year, as long as both parties afore&s;aid &s;hould plea&s;e: By vertue of which Demi&s;e, the &s;ame Plaintiff was of the &s;aid Tenements afore&s;aid po&s;&s;e&s;&s;ed. And the &s;ame Plaintiff, &s;o being thereof po&s;&s;e&s;&s;ed, before the &s;aid time wherein, <HI>&amp;c.</HI> put the &s;ame Cow into the afore|&s;aid place, in which, <HI>&amp;c.</HI> to feed upon the Gra&s;&s;e there then growing, which &s;aid Cow was in the &s;ame place, in which, <HI>&amp;c.</HI> feeding upon the Gra&s;&s;e then there growing, untill the afore&s;aid <HI>T.</HI> (&s;uch a day and year) afore&s;aid, at <HI>R.</HI> afore&s;aid, in the afore&s;aid place, in which, <HI>&amp;c.</HI> took the &s;ame Cow of the &s;aid Plaintiff, and her unju&s;tly detained again&s;t Sureties and Pledges, untill, <HI>&amp;c.</HI> as he above again&s;t him hath complained, without that,
<NOTE PLACE="marg">T<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ave<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;e of the<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">iancy.</NOTE> that the afore&s;aid Plaintiff (the afore&s;a d &s;uch a day and year) was re&s;iding and inhabiting within the Precinct of the Mannor of the afore&s;aid <HI>S.</HI> and <HI>R.</HI> as the afore&s;aid Defendant hath above alledged: And this he is ready to averre; wherefore, <HI>&amp;c.</HI> to be adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Defendant, as formerly, &s;aith,
<NOTE PLACE="marg">I&s;&s;ue upon the Trav<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;e.</NOTE> That the afore&s;aid Plaintiff (the afore&s;aid &s;uch a day and year) was re&s;iding and inhabit|ing within the Precinct of the Mannor of the afore&s;aid <HI>S.</HI> and <HI>R.</HI> as he hath above alledged; and of this, <HI>&amp;c.</HI> And the afore&s;aid Plaintiff in like manner: Therefore it is commanded to the Sheriff, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AT which day, here came the afore&s;aid <HI>T. N.</HI> by <HI>J. B.</HI>
<NOTE PLACE="marg">A writ of In|quiry aw<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d again&s;t the Plaintiff, in re|plivin upon a Non-&s;uit.</NOTE> his Attor|ney; and the afore&s;aid <HI>W. K.</HI> &s;olemnly required, came not, neither pro&s;ecuted his Writ afore&s;aid; therefore it is con&s;idered, that the af<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">re|&s;aid <HI>W. K.</HI> and his Pledges be thereof in mercy, and the &s;aid <HI>T. N.</HI> go without day, <HI>&amp;c.</HI> and that he have the return of the afore&s;aid, <HI>&amp;c.</HI> let the names of the Pledges, <HI>&amp;c.</HI> and in what &s;ort, <HI>&amp;c.</HI> the Sheriff make appear here in eight days of Saint <HI>Hillary,</HI> &amp;c. and by the Statute, <HI>&amp;c.</HI> it is al&s;o commanded the Sheriff, that by the Oath of twelve, <HI>&amp;c.</HI> he diligently inquire what damages the afore&s;aid <HI>T. N.</HI> hath &s;u&s;tained, as well by rea&s;on of the Premi&s;es, as for his co&s;ts and charges by him about his Suit in this behalf laid out, and the Inqui&s;ition which, <HI>&amp;c.</HI> the Sheriff make appear here &s;uch a day, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AT which day here came, as well the afore&s;aid <HI>W.</HI>
<NOTE PLACE="marg"><HI>Judgement in R<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> v<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n up<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> Av<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">w<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">.</HI> &amp;c.</NOTE> as the afore&s;aid <HI>J.</HI> by their Attorneys afore&s;aid, whereupon the premi&s;es being &s;een, and by the Ju&s;tices here more fully under&s;tood, it &s;eemeth to the Ju&s;tices here, that the Avowry afore&s;aid is &s;ufficient in Law to avow him the &s;aid <HI>J.</HI> the ju&s;t taking of the Cattell afore&s;aid in the afore&s;aid
<PB N="26" REF="16">place, called <HI>E.</HI> therefore it is con&s;idered, that the afore&s;aid <HI>J.</HI> have the return of the cattell afore&s;aid, to be detained to him irrepleviable for ever, and the afore&s;aid Plaintiff in mercy, <HI>&amp;c.</HI> and hereupon the afore|&s;aid Defendant, by the Statute, <HI>&amp;c,</HI> prayeth the Writ of the &s;aid Keepers, <HI>&amp;c.</HI> to inquire of damages; and to him it is granted, returnable here from the day of Saint <HI>Michael,</HI> in three weeks, <HI>&amp;c.</HI> At which day, here came the afore&s;aid Defendant by his Attorney afore&s;aid, and the Sheriff (that is to &s;ay) <HI>J. R.</HI> and <HI>J. B.</HI> returned here a certain inqui&s;i|tion before them at Saint <HI>Johns-&s;treet,</HI> in the County afore&s;aid, the tenth day of <HI>A.</HI> la&s;t pa&s;t, by the Oath of twelve, <HI>&amp;c.</HI> taken, by which it is found, that the afore&s;aid Defendant hath &s;u&s;tained damages by rea|&s;on of the not paying of the rent afore&s;aid, be&s;ides his co&s;ts and char|ges by him about his Suit in this behalf laid out, to twelve pence, and for his co&s;ts and charges to ten &s;hillings; therefore it is con&s;idered, that the &s;aid Defendant recover again&s;t the &s;aid Plaintiff, his damages afore&s;aid, to ten &s;hillings, by the Inqui&s;ition afore&s;aid, in form afore|&s;aid found, and al&s;o ten &s;hillings to the &s;ame Defendant, at his reque&s;t for his co&s;ts and charges afore&s;aid, by the Court here for increa&s;e ad|judged, which &s;aid damages in the whole, do amount to twenty &s;hil|lings, <HI>&amp;c. T.</HI> 13 <HI>H.</HI> 8. <HI>Rot.</HI> 469.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AFfterwards <HI>Proces</HI> thereof between the parties,
<NOTE PLACE="marg">Otherwi&s;e, up|on a Replevin after a Verdict again&s;t the Plaintiff, with increa&s;e <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">f co&s;ts.</NOTE> <HI>&amp;c.</HI> afterwards, <HI>&amp;c.</HI> therefore it is con&s;idered, that the afore&s;aid Defendant, as Bailiff of the afore&s;aid <HI>P.</HI> have return of the cattell afore&s;aid, to be de|tained, to him irrepleviable for ever; and that the &s;ame Defendant, as Bailiff of him the &s;aid <HI>P.</HI> may recover again&s;t the &s;aid <HI>J.</HI> his damages afore&s;aid, according to the form of the Statute afore&s;aid, to thirty &s;hillings by the Jurors afore&s;aid, in form afore&s;aid a&s;&s;e&s;&s;ed, and al&s;o ten &s;hillings to the &s;aid <HI>E.</HI> as Bailiff of the afore&s;aid <HI>P.</HI> at his reque&s;t for his co&s;ts and charges afore&s;aid, by the Court here of increa&s;e ad|judged, which &s;aid damages in the whole, do amount to fourty &s;hil|lings, and the afore&s;aid <HI>J. M.</HI> into mercy, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Award.</HEAD>
<P>AFterwards,
<NOTE PLACE="marg"><HI>Abatement pleaded after the la&s;t conti|nuance,</HI> &amp;c.</NOTE> the <HI>Proces</HI> thereof continued between the parties afore|&s;aid, upon the Plea afore&s;aid, by Juries re&s;pited, between them here, untill this day; (that is to &s;ay) from the day of Saint <HI>Hillary,</HI> in fifteen days then next following: And now here, at this day, come as well the afore&s;aid <HI>A.</HI> Plaintiff, as the &s;aid <HI>B.</HI> by their Attorneys afore|&s;aid:
<NOTE PLACE="marg">The Ju<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y being <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t bar.</NOTE> And the Jurors impannelled, being exacted, likewi&s;e come. And hereupon, the &s;aid <HI>B.</HI> relinqui&s;hing his averment afore&s;aid, by
<PB N="27" REF="16">him above alledged; &s;aith, That the Ju&s;tices here ought not to pro|ceed to the taking of the Jurie afore&s;aid, becau&s;e he &s;aith, That after the la&s;t continuance of the Plea afore&s;aid (that is to &s;ay) after fifteen dayes of Saint <HI>Michael,</HI> la&s;t pa&s;t, from which &s;aid fifteen days of Saint <HI>Michael,</HI> the Plea afore&s;aid was here la&s;t continued un|till the afore&s;aid fifteen days of Saint <HI>Hillary:</HI> And before the &s;ame fifteen days of Saint <HI>Hillary,</HI> (that is to &s;ay) on the Fea&s;t of Saint <HI>S.</HI> in the twentieth year of our now Lord the King, at <HI>A.</HI> in the County afore&s;aid, as well the afore&s;aid Plaintiff as the &s;aid Defendant (their friends coming together to end the Plea between them) out of their common a&s;&s;ent and con&s;ent, put them&s;elves upon the Arbitrement, Ordinance, and Judgment of <HI>F.</HI> and <HI>J.</HI> as well of the Tre&s;pa&s;&s;e afore|&s;aid, as of all other Tre&s;pa&s;&s;es, Plaints, and Debates between them, before the &s;aid Fea&s;t, had, moved, or depending: which &s;aid <HI>F.</HI> and <HI>J.</HI> taking upon them the charge of the Abitrement, Ordinance, and Judg|ment afore&s;aid, afterwards, (that is to &s;ay) On the Fea&s;t afore&s;aid, at <HI>A.</HI> afore&s;aid, did Arbitrate, Ordain, and Adjudge of, and upon the Premi&s;es, (that is &s;ay) That the afore&s;aid Defendant &s;hould pay to the &s;aid Plaintiff ten &s;hillings on the Fea&s;t of the <HI>Annunciation</HI> of the ble&s;&s;ed Virgin <HI>Mary</HI> then next following: And this, <HI>&amp;c.</HI> Where|upon he prayeth Judgement, if the Ju&s;tices here will further proceed to the taking off the Jurie afore&s;aid: And that the afore&s;aid Plaintiff may be barred from having his Action afore&s;aid thereof again&s;t him, <HI>&amp;c.</HI> And the afore&s;aid Plaintiff &s;aith, That the Ju&s;tices here, by any thing before alledged,
<NOTE PLACE="marg">Made no A|ward after the la&s;t continu|ance.</NOTE> ought not to delay the taking off the Jurie afore|&s;aid, becau&s;e he &s;aith, That the Arbitrators afore&s;aid, made no &s;uch Award, Ordinance, or Judgement of, and upon the Premi&s;es, as the &s;aid Defendant above hath alledged: And by whom, <HI>&amp;c.</HI> And who nei|ther, <HI>&amp;c.</HI> To inquire, <HI>&amp;c.</HI> Becau&s;e as well, <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Audita Querela.</HEAD>
<P>IT was commanded to the Sheriff, Whereas lately,
<NOTE PLACE="marg">Trinity 7. of King <HI>James,</HI> Roll 3642.</NOTE> by the grievous complaint of <HI>O. D.</HI> of <HI>G.</HI> in the County afore&s;aid, Gentleman, It was &s;hewed to the Lord the King, grievou&s;ly complaining. That whereas one <HI>J. D.</HI> Doctor of the Law, lately,
<NOTE PLACE="marg"><HI>An</HI> Audita Quercla <HI>upon an e&s;cape upon an Outlawry af<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">er Judgment.</HI></NOTE> in the Court of the Lord the King, of the Bench here, (that is to &s;ay) In the Term of Saint <HI>Michael,</HI> (in &s;uch a year) before the Ju&s;tices of the &s;aid Lord the King, of the Bench afore&s;aid, here, (that is to &s;ay) at <HI>W.</HI> by the con&s;idera+tion of the &s;ame Court, had recovered again&s;t the &s;aid <HI>O.</HI> as well a certain Debt of two hundred pounds, as thirtie &s;hillings, which to the &s;aid <HI>O.</HI> in the &s;ame Court of the &s;aid Lord the King, here, were adjudged for his damages, which he had by rea&s;on of de|taining
<PB N="28" REF="17">of that Debt whereof he is convicted: And whereas al&s;o the &s;ame <HI>O.</HI> for that that he did not come into the &s;ame Court of the &s;aid Lord the King, here, to &s;atisfie the afore&s;aid <HI>J.</HI> of the Debt and damages afore&s;aid, was put in <HI>Exigent,</HI> in the County of the Lord the King, of <HI>S.</HI> to be outlawed, and by that occa&s;ion, afterwards, that is to &s;ay (&s;uch a day and year) was outlawed: And although the &s;ame <HI>O.</HI> in Execution for the Debt and damages afore&s;aid (by vertue of the &s;ame Writ of the &s;aid Lord the King, of <HI>Capias utlagatum,</HI> to the late Sheriff of the County of <HI>S.</HI> afore&s;aid) at the Suit of the &s;aid <HI>J. D.</HI> was taken and impri&s;oned; and after that he was &s;o taken and impri&s;oned by the &s;ame Sheriff, out of that pri&s;on at large, whither he would freely and voluntarily was permitted to goe, and from the Execution afore&s;aid, was delivered, as the &s;aid <HI>O.</HI> by ways and means convenient is ready to &s;et forth; yet the &s;aid <HI>J.</HI> Execution of the Debt and damages afore&s;aid, again&s;t him the &s;aid <HI>C.</HI> by rea&s;on of the recovery afore&s;aid, now lately doth pro&s;ecute, and doth threaten, and indeavour to take him the &s;aid <HI>O.</HI> by that occa&s;ion, and detain him in the pri&s;on of the Lord the King unju&s;tly, to the no little damage and grievance of him the &s;aid <HI>O.</HI> Whereupon he hath &s;upplicated the Lord the King to pro|vide for him a fit remedy in this behalf: And the &s;aid Lord the King being willing in this behalf to do that which &s;hould be ju&s;t, hath commanded His Ju&s;tices here, that hearing the complaint of the &s;aid <HI>O.</HI> in this behalf; and calling before them the parties afore&s;aid, and others, whom in this behalf they &s;hall think convenient to be called; and hearing the rea&s;ons of them thereof, they cau&s;e full and &s;peedy ju&s;tice to be done to the &s;aid <HI>O.</HI> as of right, and ac|cording to the Law and cu&s;tom of the Kingdom of the &s;aid Lord the King of <HI>England</HI> &s;hould be done, that they may cau&s;e to come here at this day (that is to &s;ay) &s;uch a day, the afore&s;aid <HI>J.</HI> to an|&s;wer of, and upon the Premi&s;es; and further, to do and receive that which the Court of the Lord the King here &s;hall con&s;ider of him in that behalf: And now here, at this day, came as well the afore&s;aid <HI>O.</HI> by <HI>O. G.</HI> his Attorney, as the afore&s;aid <HI>J.</HI> by <HI>J. N</HI> his Attorney, and thereupon the &s;ame <HI>O</HI> &s;aith, That whereas the afore&s;aid <HI>J.</HI> lately in the Court of the now Lord the King, that is to &s;ay, (&s;uch a Term and year) before <HI>E. C.</HI> &amp;c. By the con&s;ideration of the &s;ame Court, had recovered again&s;t the afore&s;aid <HI>O.</HI> as well the afore&s;aid debt of two hundred pounds, as the afore&s;aid thirty &s;hillings, which, <HI>&amp;c.</HI> for damages, <HI>&amp;c.</HI> had, <HI>&amp;c.</HI> whereof he is convicted: And whereas al|&s;o the &s;ame <HI>O.</HI> for that he did not come in the &s;ame Court of the Lord the King here, to &s;atisfie the afore&s;aid <HI>J.</HI> of the debt and da|mages afore&s;aid was put in <HI>Exigent</HI> in the afore&s;aid County of <HI>S.</HI> to be outlawed, and by that occa&s;ion, afterwards (that is to &s;ay) &s;uch a day and year, was outlawed: Upon which Outlawry, the &s;aid <HI>J.</HI>
<PB N="29" REF="17">afterwards, that is to &s;ay, (&s;uch a Term and year) did pro&s;ecute out of the Court of the &s;aid Lord the King of the Bench here, a certain Writ of the &s;aid Lord the King of <HI>Capias utlagatum</HI> again&s;t him the &s;aid <HI>O.</HI> to the then Sheriff of the County of <HI>S.</HI> afore&s;aid di|rected; by which Writ, the &s;aid Lord the King, to the then Sheriff of the County of <HI>S.</HI> afore&s;aid, did command that he &s;hould not omit for any liberty of his County, but that he &s;hould take the afore&s;aid <HI>O.</HI> outlawed, in the County of <HI>S.</HI> the day and year afore&s;aid, at the Suit of the afore&s;aid <HI>J. D.</HI> of a Plea of debt, whereof he is convicted; If, <HI>&amp;c.</HI> and him &s;afely, <HI>&amp;c.</HI> So that he &s;hould have his body, <HI>&amp;c.</HI> (&s;uch a day) then next following, to do and receive that which the Court of the &s;aid Lord the King here &s;hould then con&s;ider of him in that behalf: By vertue of which Writ, the &s;aid <HI>O.</HI> afterwards, (that is to &s;ay) &s;uch a day and year afore&s;aid, at <HI>G.</HI> in the County of <HI>S.</HI> afore|&s;aid, by the &s;aid <HI>H. M.</HI> then being Sheriff of the County of <HI>S.</HI> was taken and limpri&s;oned, in Execution for the debt and damages afore|&s;aid, at the Suit of the &s;aid <HI>J.</HI> And after that he was &s;o taken and impri&s;oned, the &s;aid <HI>O.</HI> by the &s;aid Sheriff, the &s;ame day and year, at <HI>G.</HI> afore&s;aid, was freely and voluntarily permitted to go out of that pri&s;on at large whither he would, and from the Execution afore|&s;aid was delivered: And this he is ready to averre, whereupon he prayeth Judgement, and that the &s;aid <HI>J.</HI> may be barred from having his Execution afore&s;aid, by rea&s;on of the Judgement afore&s;aid, and that the &s;ame <HI>O.</HI> may be di&s;charged, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J.</HI> &s;aith,
<NOTE PLACE="marg">Plea in Bar that the Out|lawry was re|ver&s;ed.</NOTE> That he ought not to be barred or re|tarded by rea&s;on of any thing before alledged, from having his Execu|tion afore&s;aid, of the debt and damages afore&s;aid, again&s;t him the &s;aid <HI>O.</HI> becau&s;e he &s;aith, That after the afore&s;aid time in which it is &s;up|po&s;ed the afore&s;aid <HI>O.</HI> to have gone out of the cu&s;tody of the afore|&s;aid Sheriff of <HI>S.</HI> and before any further execution again&s;t the &s;aid <HI>O.</HI> by him the &s;aid <HI>J.</HI> by rea&s;on of the Judgment afore&s;aid was pro&s;ecuted and had, and before the day of the i&s;&s;uing forth of the afore&s;aid Writ of <HI>Audita Querela;</HI> that is to &s;ay, (&s;uch a Term and year) the afore|&s;aid <HI>J.</HI> a certain Writ of him the &s;aid Lord the King, of <HI>Capias utla|gatum,</HI> out of the afore&s;aid Court of the &s;aid Lord the King of the Bench here, i&s;&s;ued forth upon the <HI>Outlawrie</HI> afore&s;aid, as afore&s;aid publi&s;hed again&s;t him the &s;aid <HI>O.</HI> at the Suit of the &s;aid <HI>J. D.</HI> di|rected to the then Sheriff of the County of <HI>M.</HI> By which Writ the &s;aid Lord the King commanded the &s;aid then Sheriff of <HI>M.</HI> that he &s;hould not omit for any liberty of his County, but that he &s;hould take the afore&s;aid <HI>O.</HI> by the name of, <HI>&amp;c.</HI> outlawed in the &s;aid County of <HI>S.</HI> afore&s;aid (&s;uch a day and year afore&s;aid) at the Suit of the &s;aid <HI>J.</HI> by the name of, <HI>&amp;c.</HI> of a Plea of debt, whereof he was con|victed, if he &s;hould be found in his Bailiwick, and him &s;afely keep, &s;o that he might: have his body here, (that is to &s;ay) at <HI>W.</HI> afore&s;aid,
<PB N="30" REF="18">on the afore&s;aid morrow of <HI>All-Soules,</HI> in that &s;ame Term of Saint <HI>Michael,</HI> in the &s;ixth year afore&s;aid, to do and receive that which the Court of the &s;aid Lord the King, of him &s;hould con&s;ider in that behalf: At which morrow of <HI>All Soules</HI> here (that is to &s;ay) at <HI>W.</HI> afore&s;aid, came the afore&s;aid <HI>O.</HI> by <HI>B.</HI> his Attorney: And the Sheriff (that is to &s;ay) <HI>G:</HI> and <HI>R.</HI> then Sheriff of the County of <HI>M.</HI> afore&s;aid, re|turned that the &s;aid <HI>O.</HI> was not found, <HI>&amp;c.</HI> And upon this, the &s;aid <HI>O.</HI> then prayed <HI>Oyer</HI> of the Writ of <HI>Exigent,</HI> upon which the &s;ame <HI>O.</HI> at the &s;uit of the afore&s;aid <HI>J.</HI> in form afore&s;aid, was outlawed, and it was read to him in the&s;e words, <HI>viz.</HI></P>
<P><HI>James</HI> by the Grace of God, King of <HI>England, Scotland, France,</HI> and <HI>Ireland,</HI> &amp;c. (and &s;o recite the Writ <HI>verbatim</HI>) which being read, and heard, the &s;aid <HI>O.</HI> then &s;aid, That he ought not to be charged of the <HI>Outlawrie</HI> afore&s;aid, for that, that the afore&s;aid Writ of <HI>Exigent</HI> had not any certain day of return in this word, <HI>holy,</HI> not having the&s;e letters <HI>(holy)</HI> between the&s;e words, <HI>In the morrow,</HI> and <HI>Trinity,</HI> any &s;ignifi|cation, as by the Writ afore&s;aid then did appear: And for that cau&s;e, the &s;aid <HI>O.</HI> then prayed Judgement, and that the <HI>Outlawry</HI> afore&s;aid, in form afore&s;aid had, and publi&s;hed, might be annihilated and made void, and altogether held for nought; Whereupon the Writ afore|&s;aid being then viewed, and by the Ju&s;tices here then fully under&s;tood, it did then appear to the Ju&s;tices here, that the Allegation of the afore|&s;aid <HI>O.</HI> in di&s;charging the &s;aid <HI>O.</HI> of the <HI>Outlawry</HI> afore&s;aid, was true; Therefore it was then con&s;idered of in the &s;ame Court here, that the &s;aid <HI>O.</HI> &s;hould not be mole&s;ted or grieved in any thing, by rea&s;on of the <HI>Outlawry</HI> afore&s;aid, but &s;hould go thereof quiet, <HI>&amp;c.</HI> as by the Record thereof in the &s;ame Court here re&s;iding,
<NOTE PLACE="marg">And &s;o no re|cord of the Outlawry.</NOTE> more fully it is mani|fe&s;t: And &s;o the &s;ame <HI>J.</HI> &s;aith, That there is no &s;uch Record of the <HI>Outlawrie</HI> afore&s;aid, as the &s;aid <HI>O.</HI> by his Writ and Declaration afore|&s;aid above hath &s;uppo&s;ed: And this he is ready to averre, whereup|on he prayeth Judgement, if he ought to be barred from having his Execution afore&s;aid, of the debt and damages afore&s;aid, again&s;t him the &s;aid <HI>O.</HI> &amp;c.</P>
<DIV3 TYPE="subsection">
<P>THe Lord the King hath &s;ent to his Ju&s;tices of the Bench here,
<NOTE PLACE="marg"><HI>An</HI> Audita Querela <HI>upon a Relea&s;e, and Bail thereupon</HI></NOTE> his Writ, clo&s;ed, in the&s;e words, <HI>viz. James</HI> by the Grace of God, King of <HI>England, Scotland, France,</HI> and <HI>Ireland,</HI> Defender of the Faith, <HI>&amp;c. To his Ju&s;tices of the Bench, Greeting:</HI> By the grievous complaint of <HI>R. K.</HI> to us grievou&s;ly complaining; it is &s;hewed, That whereas he,
<NOTE PLACE="marg">Statute Mer|chant acknow|ledged.</NOTE> and one <HI>J. M.</HI> &s;uch a day and year, at the Town of <HI>N.</HI> in the County of <HI>N.</HI> before <HI>E. M.</HI> then Mayor of the afore&s;aid Town, and <HI>G. C.</HI> then Deputy-Clerk, to take Recognizances of the debts within the &s;ame Town, did acknowledge, and both of them acknowledge them&s;elves to owe <HI>R. P.</HI> of, <HI>&amp;c.</HI> and <HI>J. M.</HI> of, <HI>&amp;c.</HI>
<PB N="31" REF="18">one hundred pounds of lawfull money of <HI>England,</HI> to be paid to the &s;ame <HI>R,</HI> and <HI>J.</HI> upon (&s;uch a day) then next following: And al|though the afore&s;aid <HI>J. M.</HI> afterwards, (that is to &s;ay) &s;uch a day and year afore&s;aid, at the afore&s;aid Town of <HI>N.</HI> by his certain Writing of Relea&s;e, with his Seal &s;ealed, bearing date the &s;ame day and year, in the cu&s;tody of the afore&s;aid <HI>R. K.</HI> remaining, and before Us in Our Chancery &s;hewed, hath remi&s;ed, relea&s;ed, and quite claimed to the &s;aid <HI>R. K.</HI> the afore&s;aid Recognizance, and all and &s;ingular debts and &s;ummes of moneys in the &s;ame mentioned, and all and &s;ingular Actions, Extents, Executions, Debts, Credits, Duties, Suits of Law, Titles, Intere&s;ts, Rights, Claims, and Demands what&s;oever, which the afore&s;aid <HI>J. M.</HI> then had, or might have again&s;t him the &s;aid <HI>R.</HI> his Heirs, Executors, Admini&s;trators and A&s;&s;ignes, or of, or in his Lands and Tenements, Goods and Chattels, lying or being in the County of <HI>W.</HI> or el&s;ewhere, as the &s;aid <HI>R.</HI> by ways and means convenient is ready to &s;et forth; Yet the &s;aid <HI>R.</HI> and <HI>J.</HI> not having the Premi&s;es in con&s;ideration, but intending unju&s;tly and unduly to charge him the &s;aid <HI>R.</HI> with the payment of the &s;aid hundred pounds, now lately have unju&s;ty and unduly pro&s;ecuted the Execu|tion of the &s;aid hundred pounds again&s;t him the &s;aid <HI>R.</HI> by vertue of the Recognizance afore&s;aid, not to the little damage and grie|vance of him the &s;aid <HI>R.</HI> and again&s;t the force, form, and effect of the Writing afore&s;aid; whereupon the &s;aid <HI>R.</HI> hath &s;upplicated Us to provide for him a fit remedy in this behalf, and We (being un|willing to injure the &s;aid <HI>R.</HI> in this behalf) Command you that (hearing the complaint of him the &s;aid <HI>R.</HI> in this behalf) and &s;ee|ing the Writing afore&s;aid, and al&s;o calling before you the parties afore|&s;aid, and hearing from thence their rea&s;ons thereupon; you cau&s;e fur|ther to be done in the Premi&s;es, what of right, and according to the Law and cu&s;tom of our Kingdom of <HI>England</HI> ought to be done: Witne&s;&s;e Our &s;elf at <HI>We&s;tmin&s;ter,</HI> the &s;econd day of <HI>J.</HI> in the &s;eventh year of Our Reign of <HI>England, France</HI> and <HI>Ireland,</HI> and of <HI>Scotland</HI> the fourty &s;econd; afterwards (that is to &s;ay) &s;uch a day, in this &s;ame Term,
<NOTE PLACE="marg">Bail entred into.</NOTE> came here in Court the afore&s;aid <HI>R.</HI> in his proper per&s;on: And here|upon <HI>C. C.</HI> of, <HI>&amp;c.</HI> and <HI>E. H.</HI> of, <HI>&amp;c.</HI> have undertaken, and both of them hath undertook for the afore&s;aid <HI>R.</HI> in the &s;umme of one hundred pounds; and the &s;ame <HI>R.</HI> pre&s;ent here in Court, in his pro|per per&s;on, for him&s;elf hath undertaken in the &s;umme of three hundred pounds, to pro&s;ecute the afore&s;aid Writ of hearing the complaint with effect: And if Judgement &s;hould happen to be given again&s;t him the &s;aid <HI>R.</HI> in this behalf, that then he the &s;aid <HI>R.</HI> &s;hall &s;atisfie to the &s;aid <HI>R.</HI> and <HI>J.</HI> the afore&s;aid hundred pounds, in form afore&s;aid ac|knowledged; which &s;aid &s;everall &s;ummes of one hundred pounds, the afore&s;aid <HI>C.</HI> and <HI>E.</HI> have acknowledged, and each of them hath ac|knowledged to be made of their lands and chattels, and to the u&s;e
<PB N="32" REF="19">and benefit of the &s;aid <HI>R.</HI> and <HI>J.</HI> to be levied; and which &s;aid three hundred pounds the afore&s;aid <HI>R.</HI> hath aknowledged to be made of his lands and chattels, and to the u&s;e and benefit of the afore&s;aid <HI>R.</HI> and <HI>J.</HI> to be levied, if it &s;hall happen that the &s;aid <HI>R.</HI> make default in any thing of the Premi&s;es, and be thereof in lawfull manner convinced, <HI>&amp;c.</HI> And the &s;ame <HI>R.</HI> bringeth here in Court the afore&s;aid Writing of re|lea&s;e, te&s;tifying the Premi&s;es; which &s;aid Writing, to the Ju&s;tices here being &s;hewed, and by them &s;een; It is commanded to the Sheriff of <HI>N.</HI> that he cau&s;e to come here (&s;uch a day) the afore&s;aid <HI>R.</HI> and <HI>J.</HI> to an&s;wer upon the Premi&s;es; and further, to do and receive that which the Court here &s;hall con&s;ider of in this behalf: And in the mean time, the &s;aid <HI>R.</HI> of what&s;oever Execution, by rea&s;on of the Recognizance afore&s;aid, by what&s;oever Writ of the &s;aid Lord the King, to the &s;aid Sheriff directed, or to be directed, for ever to be &s;uper&s;eded, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THe Lady the Queen did command,
<NOTE PLACE="marg"><HI>An</HI> Audita Querela, <HI>where three were bound to one, who re|lea&s;ed <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">o one of them, and after|wards did &s;ue the other, not knowing of the Relea&s;e, and af|terwards the Relea&s;e coming to his hands a|gain&s;t whom the Judgment was given, and be brings an</HI> Audita Que|rela.</NOTE> <HI>&amp;c.</HI> in the&s;e words: <HI>Elizabeth</HI> by the Grace of God, <HI>&amp;c.</HI> Greeting, By the grievous complaint of <HI>T. Handford,</HI> We have been informed, That whereas the &s;aid <HI>T.</HI> to|gether with <HI>J. W.</HI> of, <HI>&amp;c.</HI> and with one <HI>T. W.</HI> of, <HI>&amp;c.</HI> by the name of, <HI>&amp;c.</HI> (&s;uch a day and year) by their certain writing Obligatory, bearing date the &s;ame day and year, joyntly and &s;everally became bound to one <HI>J. H.</HI> in the &s;umme of two hundred pounds: And al|though the afore&s;aid <HI>J.</HI> afterwards, that is to &s;ay, (&s;uch a day and year) by a certain Writing of Relea&s;e of him the &s;aid <HI>J.</HI> &s;ealed with his Seal, bearing date the &s;ame day and year, reciting by the &s;ame Writing, that whereas the afore&s;aid <HI>T. W.</HI> and the afore&s;aid <HI>T. H.</HI> and <HI>W. W.</HI> by their certain Writing Obligatory, bearing date (&s;uch a day and year) afore&s;aid, &s;tood bound joyntly and &s;everally to the &s;aid <HI>J.</HI> in the &s;umme of two hundred pounds, for the payment of one hundred pounds, as by the &s;aid Writing Obligatory, and De|feizance thereupon made more fully appeareth, for divers con&s;ide|rations, him the &s;aid <HI>J.</HI> e&s;pecially moving, had covenanted, granted, and agreed by the &s;ame Writing, for him&s;elf, his Executors and A&s;|&s;ignes, and every of them, to and with the &s;aid <HI>T. W.</HI> his Executors and A&s;&s;igns, that neither the afore&s;aid <HI>J. H.</HI> his Executors or A&s;&s;igns, or any other per&s;on or per&s;ons, by his or their procurement, at any time from thence after, for, upon, or by rea&s;on of the &s;aid Writing Obligatory, &s;hould trouble, mole&s;t, pro&s;ecute, &s;ue, attach, implead, condemne, or have in Execution him the &s;aid <HI>T. W.</HI> his Heirs, Execu|tors, or Admini&s;trators, or any of them, or any of his or their Lands or Tenements, Goods or Chattells, or any part of them: And that if the afore&s;aid <HI>J. H.</HI> his Executors or A&s;&s;igns, at any time &s;hould pro&s;ecute Suit again&s;t him the &s;aid <HI>T. H.</HI> his Executors, Admini&s;tra|tors,
<PB N="33" REF="19">or A&s;&s;igns, upon the afore&s;aid Writing Obligatory, or by rea&s;on of the &s;ame, for the debt in the &s;ame &s;pecified; that then the &s;aid <HI>T. W.</HI> his Heirs, Executors, or A&s;&s;igns, might plead the &s;ame Writing of Re|lea&s;e in Bar of &s;uch Action or Suit, and in di&s;charge of the debt afore&s;aid, as he or they might do, if the &s;aid <HI>J.</HI> had made to the &s;aid <HI>T. W.</HI> a full and perfect Relea&s;e of the debt afore&s;aid, or of &s;uch Acti|on or Suit, as by the &s;aid Writing of Relea&s;e before Us in Our <HI>Chancery</HI> brought, fully is manife&s;t. And as the afore&s;aid <HI>T. H.</HI> by ways and means convenient, is ready to &s;et forth, yet the &s;aid <HI>J.</HI> hath impleaded him the &s;aid <HI>T. H.</HI> of, and upon the &s;aid Writing Obligatory of two hundred pounds in Our Court before Us, by Our Writ of a Plea, that he &s;hould render unto him the &s;aid two hundred pounds: And for that, the afore&s;aid <HI>T. H.</HI> had not in his hands the &s;aid Writing of Relea&s;e to plead in Bar of that Action, but of the making of the &s;aid Writing of Relea&s;e was then altogether ignorant, the Proces between him the &s;aid <HI>T. H.</HI> and the afore&s;aid <HI>J.</HI> in the Action afore&s;aid, was con|tinued, untill it was con&s;idered before you, that the afore&s;aid <HI>J.</HI> &s;hould recover again&s;t the &s;aid <HI>T. H.</HI> as well the &s;aid two hundred pounds, as &s;ix pounds for his co&s;ts and charges by him about his Suit afore|&s;aid in that behalf expended: And the &s;aid <HI>J.</HI> in Our Court before you, now lately doth unju&s;tly pro&s;ecute Execution, as well of the &s;aid two hundred pounds, as of the afore&s;aid &s;ix pounds, not to the little damage and grievance of him the &s;aid <HI>T. H.</HI> And again&s;t the Force, Form, and Effect of the Writing of Relea&s;e afore&s;aid, where|upon the &s;aid <HI>T. H.</HI> hath humbly &s;upplicated Us, to provide a fit remedy for him in this behalf: And becau&s;e We are unwilling to injure the &s;aid <HI>T. H.</HI> in this behalf, and willing to be done there|in that which is ju&s;t; command you, that hearing the complaint of him the &s;aid <HI>T. H.</HI> and calling before you the parties afore&s;aid, and others in this behalf whom you &s;hall think convenient to be called, and hearing from thence their rea&s;ons thereof, you cau&s;e full and &s;peedy Ju&s;tice to be done to the &s;aid <HI>T. H.</HI> as of right, and according to the Law and cu&s;tom of Our Realm of <HI>England</HI> ought to be done: Witne&s;&s;e my Self at <HI>We&s;tmin&s;ter,</HI> the fifth day of <HI>N.</HI> in the two and twentieth year of Our Reign. And upon this, the afore&s;aid <HI>T. H.</HI> in his proper per&s;on, came here in Court, and brought here in Court the Writing of Relea&s;e afore&s;aid, whereof in the Writ afore&s;aid men|tion was above made, the date whereof is, (&s;uch a day and year) above&s;aid, and &s;aith, That, that Writing was made at <HI>London,</HI> in the Pari&s;h of the ble&s;&s;ed <HI>Mary</HI> of <HI>Bow,</HI> in the Ward of <HI>Cheap:</HI> And prayeth a Writ of the Lord the King, to be directed to the Sheriffs of <HI>London,</HI> for him the &s;aid <HI>T. H.</HI> to cau&s;e the afore&s;aid <HI>J. H.</HI> to come here to an&s;wer the Premi&s;es, and further to do and receive that which the Court of the Lord the King &s;hall con&s;ider of him in this behalf: And that the &s;aid Sheriffs in the mean time do altogether Super&s;ede from
<PB N="43" REF="20">further pro&s;ecuting what&s;oever Execution, by rea&s;on of the Recovery afore&s;aid, by what&s;oever Writ of the &s;aid Lord the King to them di|rected; And it is granted to him returnable here, (&s;uch a day) <HI>&amp;c.</HI> At which day, here came as well the afore&s;aid <HI>T. H.</HI> in his proper per&s;on, as the &s;aid <HI>J</HI> by <HI>L.</HI> his Attorney: And hereupon the afore&s;aid <HI>T. H.</HI> prayeth that the &s;aid <HI>J.</HI> may an&s;wer to the Premi&s;es in the Writ &s;peci|fied, and that he may be di&s;charged from having any Execution what|&s;oever, and the rea&s;on of the Recovery afore&s;aid, again&s;t him the &s;aid <HI>T. H.</HI> &amp;c.</P>
<P>And upon this, the afore&s;aid <HI>J.</HI> defendeth the force and injury, when, <HI>&amp;c.</HI> And &s;aith, That the Writ and Declaration afore&s;aid, is not &s;ufficient in Law to repell or retard him the &s;aid <HI>J.</HI> from having and pro&s;ecuting the Execution of the Judgment afore&s;aid, again&s;t the afore|&s;aid <HI>T. H.</HI> And that he to that Writ and Declaration, in manner and form afore&s;aid,
<NOTE PLACE="marg">De<GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">rer.</NOTE> made and declared, hath no need, neither by the Law of the Land is tied to an&s;wer: And this he is ready to averre, whereupon, for default of a &s;ufficient Writ and Declaration in this behalf, the &s;aid <HI>J.</HI> prayeth Judgement and Execution of the debt and damages afore|&s;aid,
<NOTE PLACE="marg">Jaynder in De|murrer.</NOTE> by vertue of the Judgment afore&s;aid to him adjudged, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T. H.</HI> for that he hath above in his Writ and Declaration afore&s;aid alledged &s;ufficient matter in Law to repell and hinder the afore&s;aid <HI>J. H.</HI> from having and pro&s;ecuting Execution of the Judgement afore&s;aid, again&s;t him the &s;aid <HI>T.</HI> which he is ready to averre: Which &s;aid matter the &s;aid <HI>J.</HI> hath not denied, nor hath an&s;wered any thing to it, but altogether refu&s;eth to admit that ve|rification, he requireth Judgement: And that be by vertue of the Writing of Relea&s;e afore&s;aid, may be di&s;charged from what&s;oever Execution of the Judgement afore&s;aid again&s;t him for the afore&s;aid <HI>J.</HI> as afore&s;aid rendred, <HI>&amp;c.</HI> And becau&s;e the Court will advi&s;e them|&s;elves, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>IT was commanded to the Sheriff,
<NOTE PLACE="marg"><HI>An</HI> Audita Querela <HI>upon the Statute of &V;&s;ury for mo|ney lent.</HI></NOTE> whereas by the grievous complaint of <HI>Thomas Brisby</HI> of, <HI>&amp;c. R. B.</HI> of, <HI>&amp;c.</HI> and <HI>A. A.</HI> of, <HI>&amp;c.</HI> It was &s;hewed to the Lady the Queen, complaining; That whereas in the Statute of Parliament, <HI>&amp;c.</HI> (reciting the Statute of <HI>&V;&s;ury</HI>) more fully appeareth: and whereas one <HI>N. William&s;on</HI> (&s;uch a day and year) at <HI>C.</HI> did lend unto one <HI>R. Bartram</HI> ninety pounds for one year then next following; and that in con&s;ideration thereof, it was then and there agreed, between him the &s;aid <HI>N. W.</HI> and the afore&s;aid <HI>R. B.</HI> that the &s;aid <HI>N. W.</HI> &s;hould have in gain and profit, for deferring and giving day of payment of the afore&s;aid ninety pounds, for the time afore&s;aid, ten pounds, to be paid to the &s;aid <HI>N.</HI> together with the afore&s;aid ninety pounds, and al&s;o eighteen yards of black Frizes, of the price of every yard &s;ixteen pence, which &s;aid <HI>R. B.</HI> afterwards,
<PB N="35" REF="20">that is to &s;ay, (&s;uch a day and year) at <HI>C.</HI> afore&s;aid, made his Te&s;tament, and appointed and ordained, <HI>Agnes,</HI> the wife of the afore|&s;aid <HI>A. A.</HI> and one <HI>Thomas Bartram, L. B. J. B.</HI> his children, Executors of his Te&s;tament afore&s;aid, and the &s;ame <HI>A. A.</HI> and one <HI>W. L.</HI> Gent. Guardians of the afore&s;aid <HI>T. B.</HI> &s;on and heir apparant of the &s;aid <HI>R.</HI> during the minority of the afore&s;aid <HI>T.</HI> and afterwards there died, after who&s;e death, that is to &s;ay, (&s;uch a day and year) at <HI>C.</HI> afore&s;aid, it was agreed between him the &s;aid <HI>N. W.</HI> and the &s;ame <HI>A. A.</HI> and <HI>W. L.</HI> that the afor&s;aid <HI>N. W.</HI> &s;hould deferre and give day of payment of the afore&s;aid ninety pounds of the principall Debt, and of the afore&s;aid ten pounds, for the u&s;e afore&s;aid, from the end of the afore&s;aid year, for the payment thereof, as afore&s;aid before agreed, untill <HI>Wedne&s;day</HI> next after the Fea&s;t of <HI>Ea&s;ter</HI> then next following; and that the &s;aid <HI>A. A.</HI> and <HI>W. L.</HI> or one of them, would pay to the &s;aid <HI>N.</HI> &s;ix pounds thirteen &s;hillings and four pence, in gain and u&s;e, for deferring and giving day of payment of the &s;ame ninety pounds of principall Debt afore&s;aid, and ten pounds for the fir&s;t u&s;e afore&s;aid; and al&s;o that <HI>A. A.</HI> and <HI>W. L.</HI> and the afore&s;aid <HI>T. Brisby,</HI> and <HI>R. B.</HI> &s;hould by Recognizance, acknowledge before <HI>R. Moun&s;ton,</HI> then one of the Ju&s;tices of the &s;aid Lady the Queen of the Bench, them&s;elves to owe to the afore&s;aid <HI>N. W.</HI> four hundred pounds for the &s;ecure payment of the afore&s;aid ninety pounds of principall Debt afore&s;aid, and ten pounds for the fir&s;t u&s;e afore&s;aid, and al&s;o of the afore&s;aid &s;ix pounds thirteen &s;hillings and four pence, for the &s;aid &s;e|cond u&s;ury afore&s;aid, on the afore&s;aid <HI>Wedne&s;day</HI> next after the Fea&s;t of <HI>Ea&s;ter,</HI> between the hours of one and four in the afternoon of the &s;ame day; which &s;aid &s;everall &s;ummes, in the whole, do amount to one hundred and &s;ix pounds, thirteen &s;hillings and four pence, where|upon the afore&s;aid <HI>T. Brisby, W. L R. B.</HI> and <HI>A. A.</HI> (&s;uch a day and year) afore&s;aid, at <HI>C.</HI> afore&s;aid, before the afore&s;aid <HI>R. Moun&s;ton,</HI> did acknowledge them&s;elves to owe to the afore&s;aid <HI>N. W.</HI> the afore|&s;aid four hundred pounds, for the &s;ecure payment of the afore&s;aid one hundred &s;ix pounds thirteen &s;hillings and four pence, on the afore|&s;aid <HI>Wedne&s;day,</HI> next after the afore&s;aid Fea&s;t of <HI>Ea&s;ter,</HI> according to the form and effect of the agreement afore&s;aid: And &s;o that Recogni|zance, in form afore&s;aid acknowledged, for the payment of the &s;aid ninety pounds of principall Debt afore&s;aid, and of the afore&s;aid &s;ix|teen pounds thirteen &s;hillings and four pence, for the u&s;e afore&s;aid, exceeding the rate of ten pounds for a hundred pounds by the year, by vertue of the Statute afor&s;aid, publi&s;hed in the Parliament of the &s;aid Lady the Queen, in the &s;ixteenth year of her Reign, afore&s;aid holden, is void in the Law, as the &s;aid <HI>T. B. R. B.</HI> and <HI>A. A.</HI> by ways and means convenient, are ready to make appear, the afore|&s;aid <HI>N. W.</HI> now lately hath unju&s;tly pro&s;ecuted Execution of the &s;aid four hundred pounds, by rea&s;on of the Recognizance afore&s;aid,
<PB N="36" REF="21">in form afore&s;aid acknowledged again&s;t them the &s;aid <HI>T. B. R. B.</HI> and <HI>A. A.</HI> not to the little damage and grievance of them the &s;aid <HI>T. R.</HI> and <HI>A.</HI> Whereupon the &s;aid <HI>T. R.</HI> and <HI>A.</HI> to the Lady the Queen, have &s;upplicated to provide for them a fit remedy in this be|half: the &s;aid Queen being willing to do therein that which is ju&s;t, and to exhibit full and &s;peedy Ju&s;tice therein to the &s;aid <HI>T. R.</HI> and <HI>A.</HI> hath commanded the Ju&s;tices here, that hearing the complaint of them the &s;aid. <HI>T. B. R. B.</HI> and <HI>A. A.</HI> and calling before them the parties afore&s;aid, in this behalf to be called, and hearing their Rea&s;ons there|of, they cau&s;e due and &s;peedy accompli&s;hment of Ju&s;tice to the &s;aid <HI>T. B. R. B.</HI> and <HI>A. A.</HI> as of right, and according to the Law and cu&s;tom of the Kingdom of the Lady the Queen of <HI>England,</HI> ought to be done, that they &s;hould cau&s;e to come here at this day (that is to &s;ay) &s;uch a day, to an&s;wer the afore&s;aid <HI>W.</HI> upon the Premi&s;es, and further to do that which the Ju&s;tices here &s;hall think convenient to con&s;ider of; and now here at this day, came as well the afore&s;aid <HI>T. B. R. B.</HI> and <HI>A. A.</HI> by <HI>W. B.</HI> their Attorney, as the afore&s;aid <HI>N. W.</HI> by <HI>J. C.</HI> his Attorney: And hereupon the &s;aid <HI>T. B. R. B.</HI> and <HI>A. A.</HI> &s;ay, That the afore&s;aid <HI>N. W.</HI> &s;uch a day and year, lent, <HI>&amp;c.</HI> (as above untill) void in the Law, and this he is ready to aver, where|upon he prayeth Judgement, and that the afore&s;aid <HI>N. W.</HI> may be barred from having his Execution afore&s;aid, by vertue of the Re|cognizance and Judgement thereupon in Court here had, and that the &s;aid <HI>T. R.</HI> and <HI>A.</HI> may be di&s;charged thereof, <HI>&amp;c.</HI> And here|upon the afore&s;aid <HI>N. W.</HI> prayeth liberty to plead, <HI>&amp;c. H.</HI> 22. <HI>Eliz. Rot.</HI> 1 329.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>EL&s;ewhere,
<NOTE PLACE="marg">Audita Quer. <HI>upon an</HI> Elegit <HI>after judgement in a</HI> Scire fac. <HI>upon a Recogni|zance in Chan|<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ry.</HI></NOTE> as it appears in the Term of, <HI>&amp;c.</HI> la&s;t pa&s;t, in the <HI>Roll,</HI> 1031. it is thus contained: The Lady the Queen, hath &s;ent to her Ju&s;tices here, her Writ clo&s;e in the&s;e words; <HI>Elizabeth</HI> by the Grace of God, <HI>&amp;c.</HI> Whereas by the grievous complaint of <HI>M.</HI> E&s;quire, it hath been &s;hewed unto Us, That whereas <HI>W. B.</HI> Lord <HI>M.</HI> was &s;eized in his Deme&s;ne as of Fee-tail (that is to &s;ay) to him and his Heirs males of his body lawfully begoten, of, <HI>&amp;c.</HI> In the moyetie of the Mannors of <HI>B.</HI> and <HI>O.</HI> in <HI>N.</HI> and of the moyetie of certain Me&s;&s;uages, with the Appurtenances in <HI>S. P. J. W.</HI> and <HI>N.</HI> in Our County of <HI>W.</HI> (that is to &s;ay) of the moyetie of one Field, called <HI>M.</HI> in the Tenure or occu|pation of, <HI>&amp;c.</HI> And the &s;aid <HI>W.</HI> being &s;o thereof &s;eized, and likewi&s;e be|ing &s;ei&s;ed in his Deme&s;ne as of Fee-tail, (that is to &s;ay) To him and his Heirs males of his body lawfully begotten, of, and in the moyetie of the Mannor of <HI>P.</HI> with the Appurtenances in the &s;ame County of <HI>W.</HI> and of the moyetie of one Clo&s;e, containing, <HI>&amp;c.</HI> in the &s;aid County of <HI>W.</HI> and of the Moyetie of the Mannor of <HI>B. W.</HI> &amp;c. with the Appurtenances in the County of <HI>D.</HI> and of the moyetie of the Mannor of, <HI>V.</HI> with the
<PB N="37" REF="21">Appurtenances in the County of <HI>D.</HI> and of the moyetie of the Mannor of <HI>M.</HI> with the Appurtenances in the County of <HI>C.</HI> The &s;aid <HI>W.</HI> Lord <HI>M.</HI> (&s;uch a day and year) by the name of, <HI>&amp;c.</HI> And one <HI>C. B.</HI> and <HI>T. H.</HI> by the names of, <HI>&amp;c.</HI> before Us, in Our Court of <HI>Chancery,</HI> per&s;onally have acknowledged, and every of them have acknowledged them&s;elves to owe to the Lady <HI>E. M.</HI> of, <HI>&amp;c.</HI> now Defendant, five hundred pounds, which to the &s;aid <HI>E.</HI> they ought to have paid in the Fea&s;t, <HI>&amp;c.</HI> And whereas the afore&s;aid <HI>W.</HI> Lord <HI>M.</HI> being among&s;t other things in form afore&s;aid &s;eized of the moity of the afore&s;aid Mannor of <HI>F. B.</HI> with the Appurtenances in the &s;aid County of <HI>W.</HI> (&s;uch a day and year) at <HI>B.</HI> afore&s;aid, hath demi&s;ed the &s;ame moyety of the afore&s;aid Mannor of <HI>B.</HI> with the Appurtenances, among&s;t other things, to the &s;aid <HI>M. F.</HI> to hold, <HI>&amp;c.</HI> Fully to be compleat and ended: By vertue of which Demi&s;e, the &s;aid <HI>M.</HI> into the &s;ame moyetie of the &s;ame Mannor of <HI>B.</HI> with the Appurtenances, among&s;t other things entred, and was thereof po&s;&s;e&s;&s;ed; and &s;he the &s;aid <HI>M. F.</HI> being &s;o thereof po&s;&s;e&s;&s;ed, &s;uch a day and year, at the &s;ugge&s;tion of one <HI>T. K.</HI> Executor of the Te&s;tament of the afore|&s;aid <HI>E.</HI> in Our <HI>Chancery</HI> at <HI>W.</HI> in the County of <HI>M.</HI> then being made, that neither the &s;aid <HI>W.</HI> Lord <HI>M. C. B.</HI> and <HI>T. H.</HI> nor any of them had paid the &s;aid five hundred pounds, in the &s;aid Recognizance contain|ed, to the afore&s;aid <HI>E.</HI> in her life, or to her &s;aid Executors, after the death of the &s;aid <HI>E.</HI> by a certain Writ out of Our Court of <HI>Chancery,</HI>
<NOTE PLACE="marg">Scire Facis.</NOTE> afore|&s;aid, then i&s;&s;uing, and to Our Sheriff of <HI>M.</HI> directed: We did command the &s;aid Sheriff of Our County of <HI>M.</HI> that he &s;hould give notice to the afore&s;aid <HI>W.</HI> and <HI>C.</HI> that they &s;hould be before Us, in Our &s;aid Court of <HI>Chancery,</HI> &s;uch a day, then next to come, where&s;oever it &s;hould then be, to &s;hew, if they had, or knew any thing to &s;ay for them&s;elves, wherefore the &s;aid money ought not to be levied of their lands and chattels, and to the &s;aid Executor to be rendred according to the form and effect of the Recognizance afore&s;aid; at which &s;aid eight days of Saint <HI>Michael,</HI> Our &s;aid then Sheriff of the &s;aid County of <HI>M.</HI> (that is to &s;ay) <HI>J. G.</HI> and <HI>R. T.</HI> to Us in Our &s;aid <HI>Chancery,</HI> at the Ca&s;tle of <HI>H.</HI> in Our County of <HI>H.</HI> then being, did return the Writ afore&s;aid, &s;erved and executed,
<NOTE PLACE="marg">The return.</NOTE> in form following, (that is to &s;ay) that he the &s;aid Sheriff, by vertue of that Writ to him directed, by <HI>J. B.</HI> and <HI>T. B.</HI> hone&s;t and lawfull men of his Bayliwick, had given notice to the &s;aid <HI>W. B.</HI> Lord <HI>M.</HI>
<NOTE PLACE="marg">Notice to one.</NOTE> that he &s;hould be before Us in Our &s;aid <HI>Chancery,</HI> at the &s;aid day, in the &s;ame Writ con|tained, where&s;oever it &s;hould then be, to &s;hew,
<NOTE PLACE="marg">The other ni|chiled.</NOTE> as that Writ in it did demand and require; and that the afore&s;aid <HI>C.</HI> had nothing in his Bayli|wick, where, or by which he could cau&s;e him to know, neither was he found in the &s;ame; and afterwards, (that is to &s;ay) In eight days of the Purification of the ble&s;&s;ed <HI>Mary,</HI> (&s;uch a year) in Our &s;aid <HI>Chan|cery</HI> at <HI>W.</HI> afore&s;aid then being in the afore&s;aid Plea, it was in &s;uch &s;ort proceeded, that then by the Judgement of Our &s;aid Court of <HI>Chancery</HI> it was con&s;idered, that the &s;aid Executor &s;hould have Execution again&s;t
<PB N="38" REF="22">the afore&s;aid <HI>W.</HI> Lord <HI>M.</HI> and <HI>C.</HI> of the afore&s;aid five hundred pounds (that is to &s;ay) again&s;t the afore&s;aid <HI>W.</HI> by default, and again&s;t the &s;ame <HI>C.</HI> by the proper confe&s;&s;ion of him the &s;aid <HI>C.</HI> as by the <HI>Record</HI> and <HI>Proces</HI> thereof, before Us in Our &s;aid <HI>Chancery</HI> re&s;iding, more fully ap|peareth: Whereupon afterwards (that is to &s;ay) &s;uch a day and year, at the reque&s;t of the &s;aid Executor, in Our &s;aid <HI>Chancery</HI> afore&s;aid at <HI>W.</HI> afore&s;aid, being made, Our certain Writ of <HI>Elegit</HI> i&s;&s;ued forth upon the Judgement afore&s;aid, out of Our &s;aid Court, to Our then Sheriff of <HI>W.</HI> directed; by which Writ We then commanded the then Sheriff of the &s;aid County of <HI>W</HI> that he &s;hould cau&s;e all the chattells of them the &s;aid <HI>W.</HI> and <HI>C.</HI> in his Bailiwick, by a rea&s;onable aprizement, except the Oxen and Geers of his Carts, and al&s;o the moyetie of the lands of them the &s;aid <HI>W.</HI> and <HI>C.</HI> in his &s;aid Bailiwick, by Extent thereof, to be made to the &s;aid Executor, or to his Attorney in that behalf to be de|livered and hold to him the &s;aid Executor and his A&s;&s;igns, as their Free|hold, untill the five hundred pounds &s;hould be fully levied: And how the &s;aid Sheriff &s;hould execute that Writ, he &s;hould make known in Our &s;aid <HI>Chancery,</HI> at a certain day now pa&s;t, in the &s;ame Writ con|tained, where&s;oever it &s;hould then be, under his Seal di&s;tinctly and open|ly he &s;hould cau&s;e to appear: And although the moyetie of all the Lands and Tenements which were of the &s;aid <HI>W.</HI> Lord <HI>M.</HI> on the &s;aid day of the Recognizance of the debt afore&s;aid, or at any time afterwards, with the payment of the debt afore&s;aid, of right are to be charged, and ought to be charged; yet the &s;aid Executor, intending unduly to grieve the &s;aid <HI>M.</HI> by rea&s;on of the Recognizance of the Judgement afore|&s;aid, and him the &s;aid <HI>M.</HI> with the payment of the &s;aid five hundred pounds, unju&s;tly to oppre&s;&s;e; the moyetie of the moyetie of the afore|&s;aid Mannor, of <HI>B.</HI> and the afore&s;aid Mannor of <HI>O.</HI> with the Appur|tenances in <HI>W.</HI> and <HI>N.</HI> and the moyetie of the moyetie of the afore&s;aid Me&s;&s;uages or Tenements, with the Appurtenances in <HI>S. P. J. W.</HI> and <HI>N.</HI> in Our &s;aid County of <HI>W.</HI> (that is to &s;ay) the afore&s;aid Fields, called <HI>B.</HI> and <HI>C.</HI> the afore&s;aid Meadow, called <HI>R.</HI> in the Tenure, <HI>&amp;c.</HI> which were of the afore&s;aid <HI>W.</HI> Lord <HI>M.</HI> on the &s;aid day of the acknowledgement of the Recognizance, omitting the moyetie of the moyetie of the afore&s;aid &s;everall Mannors of <HI>P. B. W. C. P. V.</HI> and <HI>M.</HI> And the moyetie of the moyetie of the afore|&s;aid Clo&s;e in <HI>K.</HI> with the Appurtenances, which were &s;o as afore|&s;aid likewi&s;e omitted, the &s;aid <HI>W.</HI> Lord <HI>M.</HI> hath now lately pro|cured the acknowledgment of the &s;aid Recognizance, by Extent there|of made by <HI>J. H.</HI> Knight, Sheriff of Our &s;aid County of <HI>W.</HI> to be de|livered to him for the levying of the Debt afore&s;aid, to hold to the &s;aid Executor and his A&s;&s;igns, as his Free-hold, untill the &s;aid five hun|dred pounds &s;hould be fully levied, to the no little damage and grie|vance of him the &s;aid <HI>M.</HI> and manife&s;t impoveri&s;hing of his E&s;tate. Whereupon the &s;aid <HI>M.</HI> hath &s;upplicated Us, to provide for him a
<PB N="39" REF="22">fit remedy in this behalf: And We being willing to do to the &s;aid <HI>M.</HI> in this behalf that which is ju&s;t, command you, that hearing the complaint of the &s;aid <HI>M.</HI> in this behalf, and calling before you the afore&s;aid parties, and others, whom in this behalf you &s;hall think con|venient to be called, you cau&s;e &s;peedy accompli&s;hment of Ju&s;tice to be done to the &s;aid <HI>M.</HI> as of right, and according to the Law and cu&s;tom of Our Kingdom of <HI>England</HI> ought to be done: Witne&s;&s;e, <HI>&amp;c.</HI> And hereupon, (&s;uch a day) in this &s;ame Term, came here in Court, the afore&s;aid <HI>M.</HI> by <HI>T.</HI> his Attorney, and prayeth a Writ of the Lady the Queen,
<NOTE PLACE="marg">Venire facias awarded.</NOTE> to be directed to the Sheriff of the afore&s;aid County of <HI>W.</HI> to cau&s;e the afore&s;aid <HI>T. K.</HI> to come here to an&s;wer upon the Premi&s;es, and further, to do and receive that which the Court of the Lady the Queen thereof &s;hould here con&s;ider in this behalf: And it is granted to him returnable there (&s;uch a day, <HI>&amp;c.</HI>) At which day here came the afore&s;aid <HI>M.</HI> by his Attorney afore&s;aid, and of|fereth him&s;elf the fourth day again&s;t the afore&s;aid <HI>T. K.</HI> upon the Plea afore&s;aid, and he came not, and the Sheriff, (that is to &s;ay) <HI>J. H.</HI> Knight, now returneth, that the &s;aid <HI>T. K.</HI> had nothing in his Bailiwick,
<NOTE PLACE="marg">Nichil returned</NOTE> by which he could be attached; and hereupon it is te&s;tified here in the Court, on the behalf of the &s;aid <HI>M.</HI> that the afore&s;aid <HI>T. K.</HI>
<NOTE PLACE="marg">Te&s;tatum awarded.</NOTE> hath &s;uf|ficient in the city of <HI>London,</HI> whereby he may be attached; therefore it is commanded to the Sheriffs of <HI>London,</HI> that they cau&s;e to come here (&s;uch a day) the afore&s;aid <HI>T. K.</HI> to an&s;wer upon the Premi&s;es, and fur|ther, to do in form afore&s;aid, <HI>&amp;c.</HI> The &s;ame day is given to the afore|&s;aid <HI>M.</HI> here, <HI>&amp;c.</HI> At which day, there came as well the afore&s;aid <HI>M.</HI> by his &s;aid Attorney, as the &s;aid <HI>T. K.</HI> by <HI>N. K.</HI> his Attorney, and the Sheriffs of <HI>London,</HI> (that is to &s;ay) <HI>P. H.</HI> and <HI>P. B.</HI> now returned, that the afore&s;aid <HI>T. K.</HI> is attached by <HI>J. C.</HI> and <HI>R. K.</HI> Pledges, and here|upon the afore&s;aid <HI>T. K.</HI> prayeth liberty of pleading, <HI>&amp;c.</HI>
<NOTE PLACE="marg">Imparlance.</NOTE> the &s;ame day, <HI>&amp;c.</HI> At which day, here came as well the afore&s;aid <HI>M.</HI> as the afore|&s;aid <HI>T. K.</HI> by their Attorneys afore&s;aid; and hereupon the &s;aid <HI>M.</HI> as before, prayeth, that the afore&s;aid <HI>T. K.</HI> may an&s;wer the Premi&s;es in the afore&s;aid Writ of hearing the complaint above &s;pecified, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>K.</HI> prayeth Judgment of the Writ afore&s;aid,
<NOTE PLACE="marg">Demurer to the Writ.</NOTE> becau&s;e he &s;aith, that the &s;ame Writ, and the matter in the&s;ame contained, is not &s;ufficient in Law to di&s;charge the &s;aid <HI>M.</HI> from the Execution afore&s;aid, in that Writ &s;pecified, by him the &s;aid <HI>T. K.</HI> &s;o as afore&s;aid pro&s;e|cuted; and that he hath no need, neither by the Law of the Land is bound to an&s;wer to that Writ, and the matter in the &s;ame contained, and this he is ready to aver; whereupon for want of &s;ufficient mat|ter in the &s;ame Writ contained, the &s;aid <HI>T.</HI> prayeth Judgement of that Writ, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>M.</HI>
<NOTE PLACE="marg">Joynder in Do|murrer.</NOTE> for that he hath above declared &s;ufficient matter in Law in his Writ afore&s;aid, to di&s;charge him the &s;aid <HI>M.</HI> of the Execution afore&s;aid, in form afore&s;aid pro&s;ecuted, which he is
<PB N="40" REF="23">ready to averre, which &s;aid matter, the afore&s;aid, <HI>T. K.</HI> hath not de|nied, neither hath an&s;wered any thing to it, he prayeth Judgement, and that his Writ afore&s;aid may be adjudged good: And that the afore&s;aid <HI>T. K.</HI> may an&s;wer to the Premi&s;es in the Writ afore&s;aid con|tained, <HI>&amp;c.</HI> And becau&s;e, <HI>&amp;c.</HI> At which day, here came as well the afore&s;aid <HI>M.</HI> as the afore&s;aid, <HI>T. K.</HI> by their Attorneys afore&s;aid: And hereupon the Premi&s;es being &s;een, and by the Ju&s;tices here fully under&s;tood;
<NOTE PLACE="marg"><HI>Judgement for the Plaintiff in</HI> Audita Quer.</NOTE> it &s;eemeth to the Ju&s;tices here, that the afore&s;aid Writ of <HI>Audita Querela,</HI> and the matter in the &s;ame contained, is &s;uffici|ent in Law to di&s;charge the afore&s;aid <HI>M.</HI> of the Execution in that Writ &s;pecified by the afore&s;aid <HI>T. K.</HI> &s;o as afore&s;aid pro&s;ecuted, as the afore&s;aid <HI>M.</HI> above hath alledged: Therefore it is con&s;idered, that the afore&s;aid moyetie of the afore&s;aid Mannor of <HI>B.</HI> with the Ap|purtenances by the afore&s;aid <HI>W.</HI> Lord <HI>M.</HI> to the &s;aid <HI>M.</HI> &s;o as afore|&s;aid demi&s;ed may be di&s;charged from the Execution afore&s;aid, and that the lands of the afore&s;aid <HI>T. K.</HI> may be amoved from his po&s;&s;e&s;|&s;ion thereof: And that the afore&s;aid <HI>M.</HI> to his po&s;&s;e&s;&s;ion afore&s;aid, of the moyetie of the afore&s;aid Mannor of <HI>B.</HI> with the Appurte|nances, and al&s;o to the i&s;&s;ues and profits of the &s;ame moyetie of that Mannor by the afore&s;aid <HI>T. K.</HI> by rea&s;on of the Execution afore|&s;aid, in the mean time received, may be re&s;tored, <HI>&amp;c.</HI> It is al&s;o con|&s;idered, that the afore&s;aid <HI>M.</HI> recover his damages, by rea&s;on of the Premi&s;es again&s;t the afore&s;aid <HI>T. K.</HI> but becau&s;e it is unknown what damages the afore&s;aid <HI>M.</HI> hath &s;u&s;tained by that occa&s;ion, nor what, nor how much i&s;&s;ues and profits the afore&s;aid <HI>T. K.</HI> hath received in the mean time afore&s;aid, of the afore&s;aid moyetie of the &s;aid Mannor of <HI>B.</HI> with the Appurtenances; it is commanded the She|riff, that by the Oath, <HI>&amp;c.</HI> he inquire as well what damages the afore&s;aid <HI>M.</HI> hath &s;u&s;tained,
<NOTE PLACE="marg">Writ of In|quirie.</NOTE> by rea&s;on of the Premi&s;es, as what, and how much i&s;&s;ues and profits the &s;aid <HI>T. K.</HI> in the mean time hath received of the moyetie of the afore&s;aid Mannor of <HI>B.</HI> with the Appurtenances, and the inqui&s;ition which, <HI>&amp;c.</HI> The Sheriff make ap|pear here (&s;uch a day) under his Seal, and their Seals, <HI>&amp;c. H.</HI> 36. <HI>Eliz. Rot.</HI> 1229.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. <HI>W.</HI> brought an <HI>Audita Querela,</HI>
<NOTE PLACE="marg"><HI>Judgement up|on an</HI> Audita Querela, <HI>that the Plaintiff &s;hould take no|thing by his Writ.</HI></NOTE> upon the Statute of U&s;ury, to make void a Judgement given upon a Bond, where he had plead|ed that it was not his Deed, and it was di&s;allowed, and Judgement thereupon, as followeth: And hereupon the Premi&s;es being &s;een, and by the Ju&s;tices here more fully under&s;tood; it &s;eemed to the &s;ame Ju&s;tices here, that the afore&s;aid Writ of <HI>Audita Querela,</HI> and the matter in the &s;ame contained, is in&s;ufficient in Law, to barre the &s;aid <HI>R.</HI> from having his Execution afore&s;aid, by rea&s;on of the Recogni|zance afore&s;aid; Therefore it is con&s;idered, that the afore&s;aid <HI>J. W.</HI>
<PB N="41" REF="23">take nothing by his Writ of <HI>Audita Querela,</HI> and that the afore&s;aid <HI>R.</HI> may pro&s;ecute for Execution, if, <HI>&amp;c. P. Eliz. Rot.</HI> 560.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>ELlizabeth</HI> by the Grace of God, <HI>&amp;c.</HI>
<NOTE PLACE="marg">Super&s;edeas <HI>upon a Writ of</HI> Audita Que|rela, <HI>upon a Judgement in a Writ of An|nuity.</HI></NOTE> To the Sheriff of <HI>Stafford|&s;hire,</HI> Greeting: Whereas We have &s;ent unto Our faithfull and well-beloved, <HI>James Dyer,</HI> and his A&s;&s;ociates, Our Ju&s;tices of the Bench, reciting, that by the grievous complaint of <HI>Henry C.</HI> lately of <HI>W.</HI> in your County, Gentleman, We have received, that <HI>Hugh W.</HI> lately in Our Court, before our &s;aid Ju&s;tices of the Bench afore&s;aid, at <HI>We&s;tmin&s;ter,</HI> in the Term of <HI>Ea&s;ter,</HI> in the &s;econd year of Our Reign, by Our Writ had impleaded the &s;aid <HI>Henry</HI> of that that he the &s;aid <HI>Henry</HI> &s;hould render to him the &s;aid <HI>Hugh,</HI> fourty &s;hillings, which to him were then behinde, of an yearly rent of fourty &s;hillings, which to him he owed, as it was &s;aid, and Proces thereupon between the parties afore&s;aid, being continued untill it was con&s;idered before Our &s;aid Ju&s;tices of the Bench afore&s;aid, by the con&s;ideration of Our Court afore&s;aid, that the &s;aid <HI>Hugh</HI> &s;hould recover again&s;t the &s;aid <HI>Henry</HI> the yearly rent afore&s;aid, and the arrerages of the &s;ame, as well before the day of the i&s;&s;uing forth of the Originall Writ of the &s;aid <HI>Hugh,</HI> as incurring after; which in the whole did amount to one hundred &s;hillings, and his damages, by rea&s;on of the detaining of the yearly rent afore&s;aid, to an hundred &s;hillings, by Our Court afore&s;aid adjudged: And now, on the behalf of the &s;aid <HI>Henry,</HI> We have re|ceived, that although the afore&s;aid <HI>Hugh,</HI> by the name of <HI>H. W.</HI> of <HI>C.</HI> in the County of <HI>Stafford,</HI> after the rendring of the Judgement afore&s;aid, and before the Execution of that Judgement by his certain Writing, the date whereof is the tenth day of <HI>April,</HI> in the fir&s;t year of Our Reign, had relea&s;ed, not onely the &s;aid annuity or year|ly rent, and the whole right and title which he then had in the &s;aid annuity or yearly rent, or to, or in the Lands or Tenements, of which the &s;aid yearly rent i&s;&s;ued, or ought to i&s;&s;ue; but al&s;o all Actions, Suits, Executions, Judgements, and Demands, which the afore&s;aid <HI>Hugh</HI> then had, or ought to have again&s;t the &s;aid <HI>Henry,</HI> his Heirs, Executors, or Admini&s;trators, for any matter, thing, cau&s;e, or com|plaint, from the beginning of the World, untill the day of the making of the afore&s;aid Writing, as by that Writing before Us in Our <HI>Chan|cery</HI> brought and &s;hewed fully, appeareth, as the &s;aid <HI>Henry</HI> by ways and means convenient, is ready to make appear: Yet the &s;aid <HI>Hugh</HI> by rea&s;on of the Judgement afore&s;aid, for the &s;aid annuity or yearly rent and damages, intending to grieve, vex, and mole&s;t him the &s;aid <HI>H.</HI> be|fore the &s;aid Ju&s;tices, in Our Court of the Bench afore&s;aid, now lately hath unju&s;ty pro&s;ecuted a certain Writ of <HI>Exigent,</HI> to &s;atisfie again&s;t the afore&s;aid <HI>Henry,</HI> for the afore&s;aid annuity or yearly rent and dama|ges, to the no &s;mall damage and grievance of him the &s;aid <HI>Henry,</HI> and
<PB N="42" REF="24">again&s;t the force, form and effect of the afore&s;aid Writing of relea&s;e: Whereupon he hath humbly intreated Us to provide for him by Us, a fit remedy. And becau&s;e we are unwilling injury &s;hould be done to the &s;aid <HI>Henry</HI> in this behalf, and being willing therein to do that which is ju&s;t we have commanded Our &s;aid Ju&s;tices, That hearing the com|plaint of the &s;aid <HI>Henry,</HI> in this behalf, and calling before them the afore&s;aid <HI>Hugh,</HI> and &s;eeing the Record and Proce&s;s of the annuity or yearly rent and damages afore&s;aid of the Writing of Relea&s;e afore&s;aid, and having examined the &s;ame parties in the Premi&s;es, they cau&s;e full and &s;peedy Ju&s;tice to be done to the &s;aid <HI>Henry,</HI> as of right, and ac|cording to the Law and cu&s;tom of Our Kingdom of <HI>England</HI> &s;hould be done; and becau&s;e the Writing afore&s;aid in Our Court before Our Ju&s;tices afore&s;aid, at <HI>We&s;tmin&s;ter</HI> was &s;een, and to them &s;hewed; We command you, that you cau&s;e to come before Our &s;aid Ju&s;tices, at <HI>We&s;tmin&s;ter,</HI> in the morrow of <HI>All-Souls,</HI> the afore&s;aid <HI>Hugh,</HI> to an&s;wer upon the Premi&s;es,
<NOTE PLACE="marg">Venire facias.</NOTE> and to receive that which Our &s;aid Court &s;hall then think convenient to con&s;ider of in that behalf: And in the mean time, you altogether forbear further to do, require, outlaw, take, or any way mole&s;t him the &s;aid <HI>Henry,</HI> with any Execution by rea&s;on of the reco|very afore&s;aid, by any Writ of Ours to you thereof directed, by rea&s;on of the Premi&s;es: And in what manner this Our command &s;hall you ex|ecute, you make appear to Our &s;aid Ju&s;tices at the afore&s;aid Term: and have you there this Writ, Witne&s;&s;e, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Adjornment. Attachment.</HEAD>
<P>BE it remembred,
<NOTE PLACE="marg">The Entry of a Writ of adjourn|ment.</NOTE> That the Lady <HI>Elizabeth,</HI> now Queen of <HI>England,</HI> the &s;eventeenth day of <HI>June,</HI> in the &s;econd year of her Reign, hath &s;ent to Her Ju&s;tices of the Bench, here Her Writ clo&s;ed in the&s;e words:</P>
<P><HI>Elizabeth,</HI> &amp;c. By vertue of which Writ, all Pleas, Writs, Bills, Pre|cepts, and Proces, and other the Premi&s;es what&s;oever, before the Ju&s;tices here in the afore&s;aid eight days, fifteen days, and three weeks, of the holy <HI>Trinity,</HI> or any of them, or any other day, from thence, and from the afore&s;aid eight days of the holy <HI>Trinity</HI> returnable, or having day from the &s;ame eight days: And the &s;ame day, untill the afore&s;aid eight days of Saint <HI>Michael,</HI> are adjorned: And the parties in the &s;aid Pleas, Writs, Bills, Precepts, and Proces, untill the &s;aid eight days of Saint <HI>Michael,</HI> before the Ju&s;tices here are prefixed: It is moreover com|manded to all Officers, and other Mini&s;ters what&s;oever, of the Kingdom of the Lady the Queen of <HI>England,</HI> that they re&s;pectively retain in their power, all and every the Writs, Bills, and Precepts, before the Ju&s;tices here, in the &s;aid eight days, fifteen days, and three weeks of the holy <HI>Trinity,</HI> or in the mean time, or from thence, and from the &s;aid
<PB N="43" REF="24">eight days of the holy <HI>Trinity,</HI> at any day returnable, and tho&s;e at the afore&s;aid eight days of Saint <HI>Michael</HI> upon the &s;ame Writs, Bills, Pre|cepts, and proces, they may proceed, and Proces thereupon made: And all tho&s;e Writs, Bills, and Precepts, and other the Premi&s;es in the &s;aid eight, and fifteen days, and three weeks, of the holy <HI>Trinity,</HI> or in the mean time at any day from hence, and from the afore&s;aid eight days of the holy <HI>Trinity,</HI> or in the mean time at any day certain, &s;hall be re|turned without Adjornment, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>TO the Sheriff of <HI>N.</HI> Greeting: You &s;hall Attach <HI>T. H.</HI> of <HI>B.</HI>
<NOTE PLACE="marg">Attachment for the King.</NOTE> in your County, Gentleman, &s;o that you have his body before Our Ju&s;tices at <HI>We&s;tmin&s;ter,</HI> in eight days of Saint <HI>Hillary,</HI> to an&s;wer Us of certain Contempts, Tre&s;pa&s;&s;es, and Mi&s;demeanors, by the &s;aid <HI>Thomas,</HI> in Our Court committed; and you have there, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>ANd hereupon, the &s;aid <HI>J. G.</HI> and <HI>J. L.</HI>
<NOTE PLACE="marg">Challenge to the Array, be|cau&s;e the She|riff is Co&s;in to the Plaintiff.</NOTE> do challenge the Array of the Pannell afore&s;aid, becau&s;e they &s;ay, That that Pannell was arrayed by one <HI>R. P.</HI> E&s;quire, late Sheriff of the County afore&s;aid, Co&s;in of the afore&s;aid <HI>T. D.</HI> (that is to &s;ay) &s;on of <HI>E.</HI> &s;i&s;ter of <HI>A.</HI> mo|ther of the &s;aid <HI>T. D.</HI> And the &s;ame <HI>D.</HI> doth allow thereof, and &s;aith, That he cannot deny, but that the afore&s;aid <HI>R.</HI> is Co&s;in of him the &s;aid <HI>T. D.</HI> in form afore&s;aid; Therefore it is con&s;idered of, that that Pannell may be qua&s;hed, and held for nothing, <HI>&amp;c.</HI></P>
<P>And it is commanded to the now Sheriff, that he cau&s;e to come here in the eight days of Saint <HI>Hillary,</HI> twelve, <HI>&amp;c.</HI> To acknowledge in form afore&s;aid, <HI>&amp;c. M.</HI> 14 <HI>H.</HI> 7.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AT which day the Jurors, between the parties afore&s;aid,
<NOTE PLACE="marg"><HI>Challenge to the Array at the</HI> Ni&s;i Prius.</NOTE> upon the Plea afore&s;aid, was re&s;pited thereof between them here, untill this day (that is to &s;ay) from the day of Saint <HI>Michael</HI> in fifteen days then next following, unle&s;&s;e the Ju&s;tices of the Lord the King, a&s;|&s;igned to take A&s;&s;izes in the Countie afore&s;aid, by the form of the Statute, <HI>&amp;c.</HI> On <HI>Wedne&s;day,</HI> next after the Fea&s;t of Saint <HI>John</HI> the Apo&s;tle next pa&s;t, at <HI>D.</HI> in the County afore&s;aid &s;hould fir&s;t come, and now here at this day came as well the afore&s;aid <HI>J.</HI> as the &s;aid <HI>T.</HI> and <HI>A.</HI> by their Attorneys afore&s;aid, and the &s;aid Ju&s;tices at the A&s;&s;izes, before whom, <HI>&amp;c.</HI> Have here &s;ent their Record in the&s;e words:
<NOTE PLACE="marg">Array qua&s;hed.</NOTE> Af|terwards, <HI>&amp;c.</HI> Therefore it is con&s;idered of, that the &s;aid Pannell be qua&s;hed, amoved, and held for nothing, and hereupon the afore|&s;aid <HI>J.</HI> &s;aith, that he is one of the Coroners of the Lord the King, in the County afore&s;aid, and prayeth Writ of our Lord the King, to
<PB N="44" REF="25">directed to <HI>J. E.</HI> the other Coroner of our Lord the King,
<NOTE PLACE="marg"><HI>A Coroner Plaintiff, chal|lengeth him|&s;elf, and prayeth that the</HI> Venire facies <HI>may be directed anew to the other Coroner.</HI></NOTE> in the &s;ame County, to cau&s;e to come here a new twelve, <HI>&amp;c.</HI> to try the i&s;&s;ue afore|&s;aid, <HI>&amp;c.</HI> And becau&s;e the afore&s;aid <HI>T.</HI> and <HI>A.</HI> have not denied this, it is granted to him, <HI>&amp;c.</HI> Therefore it is commanded to the afore&s;aid <HI>J. E.</HI> the other of the Coroners of the Lord the King, in the County afore|&s;aid, that he cau&s;e to come anew here, in eight days of Saint <HI>Hillary,</HI> twelve, <HI>&amp;c.</HI> And who neither, <HI>&amp;c.</HI> to Recognize in form afore&s;aid, &s;o that the afore&s;aid <HI>J.</HI> the other of the Coroners, <HI>&amp;c.</HI> do intermeddle him&s;elf in nothing therein, <HI>&amp;c. M.</HI> 2 <HI>H.</HI> 8. <HI>Rot.</HI> 610.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AFterwards the Proces being continued between the parties afore|&s;aid,
<NOTE PLACE="marg">Challenge to the Array, be|cau&s;e it was made by Deno|mination of the Plainti&s;&s;.</NOTE> upon the Plea afore&s;aid, by Jurors thereof, re&s;pited between them, untill this day, (that is to &s;ay) from the day of <HI>Ea&s;ter,</HI> in fifteen days then next following, and now here at this day, come as well the afore&s;aid <HI>T.S.</HI> as the afore&s;aid <HI>J. K.</HI> and <HI>J. H.</HI> by their Attorneys afore|&s;aid, and the Jury thereof impannelled, likewi&s;e came, and hereupon the afore&s;aid <HI>J. K.</HI> and <HI>J. H.</HI> challenge the Array of the fir&s;t pannell, becau&s;e they &s;ay, that that pannell was arrayed by <HI>T. T.</HI> E&s;quire, late Sheriff of the County afore&s;aid, and his Mini&s;ters, in favour of the afore&s;aid <HI>T. S.</HI> and at his Denomination, which &s;aid challenge by Triers thereunto cho&s;en and &s;worn, is found to be true, therefore let that pannell be qua&s;hed and held for nought; and it is now commanded to the Sheriff of the County afore&s;aid, that he cau&s;e to come anew here, from the day of <HI>Ea&s;ter,</HI> in fifteen days, twelve, <HI>&amp;c.</HI> to recognize in form afore&s;aid, <HI>&amp;c.</HI> And it is likewi&s;e commanded to the &s;aid now Sheriff, that he have at the &s;ame Term, the bodies of ten Jurors, by him the &s;aid now Sheriff, into this Jury here at this day anew, put and impannelled, the &s;ame day is given, <HI>&amp;c.</HI> T. <HI>H.</HI> 8. <HI>Rot.</HI> 607.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>ANd of this he puts him&s;elf upon the Country,
<NOTE PLACE="marg"><HI>A challenge to the Sheriff and one of the Co|roners by the Plaintiff.</HI> Ea&s;ter <HI>Term the tenth year of the Queen.</HI></NOTE> and the afore&s;aid <HI>F.</HI> in like manner, and upon this, the &s;aid <HI>F.</HI> &s;ays, That one <HI>E. Leighton</HI> E&s;quire, is now Sheriff of the County afore&s;aid, which &s;aid <HI>E. Leighton,</HI> is Co&s;in of <HI>Elizabeth,</HI> now the wife of him the &s;aid <HI>F.</HI> (that is to &s;ay) the &s;on of <HI>J. L.</HI> &s;on of <HI>T. L.</HI> Knight &s;on of <HI>J. L.</HI> &s;on of <HI>Anne Leighton,</HI> daughter of <HI>J. S.</HI> Knight, father of <HI>C. S.</HI> mother of <HI>J. B.</HI> mother of <HI>E. M.</HI> mother of the afore|&s;aid <HI>E.</HI> And al&s;o that he the &s;aid <HI>Francis,</HI> is one of the Coroners of our Lady the Queen, in the County afore&s;aid, and for the&s;e cau&s;es, he prayeth a Writ of our Lady the Queen that now is, to cau&s;e to come her, twelve, <HI>&amp;c.</HI> To <HI>G. H. W. W.</HI> and <HI>R. H.</HI> the re&s;t of the Coroners of our &s;aid Lady the Queen in the County afore|&s;aid to be directed; and becau&s;e the afore&s;aid <HI>T.</HI> doth not gain&s;ay it, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> is granted unto him, <HI>&amp;c.</HI> Therefore command is given to the afore|&s;aid
<PB N="45" REF="25"><HI>G. H. W. W.</HI> and <HI>R. H.</HI>
<NOTE PLACE="marg">Venire facias <HI>to the Coroners.</HI></NOTE> that they cau&s;e to come here five weeks after <HI>Ea&s;ter,</HI> twelve, <HI>&amp;c.</HI> by whom, <HI>&amp;c.</HI> and who neither, <HI>&amp;c.</HI> to recognize, <HI>&amp;c.</HI> becau&s;e as well, <HI>&amp;c.</HI> at which day here came the par|ties, <HI>&amp;c.</HI> and the afore&s;aid <HI>G. H. W. W.</HI> and <HI>R. H.</HI>
<NOTE PLACE="marg">Continuance thereof.</NOTE> have not &s;ent their Writ; therefore, as formerly, it is commanded <HI>G. H. W. W.</HI> and <HI>R. H.</HI> that they cau&s;e to come here on the morrow after the holy <HI>Trinity,</HI> twelve, <HI>&amp;c.</HI> to recognize in form afore&s;aid, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Account.</HEAD>
<P>A Was &s;ummoned to an&s;wer <HI>W.</HI> of a Plea,
<NOTE PLACE="marg">In account again&s;t a Re|ceiver of mo|ney at &s;everall times.</NOTE> That he render unto him his rea&s;onable account of the time wherein he was the Re|ceiver of the money of him the &s;aid <HI>W.</HI> &amp;c. And whereupon, <HI>&amp;c.</HI> &s;aith, That whereas the afore&s;aid <HI>A.</HI> was Receiver of the moneys of him the &s;aid <HI>W.</HI> from (&s;uch a day) untill &s;uch a day and year: And by the &s;ame time received of the moneys of him the &s;aid <HI>W.</HI> (that is to &s;ay) at <HI>C.</HI> by the hands of the &s;ame <HI>W.</HI> &s;ixty pounds: And there by the hands of one <HI>R.</HI> ten pounds, to render a rea&s;onable account thereof to the &s;aid <HI>W.</HI> when he &s;hould be thereunto required; neverthele&s;&s;e, the &s;aid <HI>A.</HI> although often required, hath not yet rendred his rea&s;onable ac|count afore&s;aid, to the &s;aid <HI>W.</HI> but hitherto hath denied, and yet doth deny to render unto him the &s;ame, whereupon he &s;aith, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>A.</HI> by <HI>B. C.</HI> his Attorney,
<NOTE PLACE="marg">Bar that he was Receiver as Bailiff of lands, and re|ceiving rents.</NOTE> cometh and defendeth the force and injury, when, <HI>&amp;c.</HI> And &s;aith, that the &s;aid <HI>W.</HI> his Acti|on, <HI>&amp;c.</HI> becau&s;e he &s;aith, that he was Bailiff of the afore&s;aid <HI>W.</HI> of one Me&s;&s;uage, with the Appurtenances, in <HI>S.</HI> from the &s;aid (&s;uch a day) untill (&s;uch a day and year) afore&s;aid: And by the &s;ame time, had the eare and admini&s;tration of the profits &amp; commodities of the Tenements afore&s;aid with the Appurtenances, and power of apprizing and letting of the Lands and Tenements afore&s;aid, with the Appurtenances, and by that time, to gather in and receive the rents and profits for tho&s;e Lands and Tenements, to the u&s;e of the &s;aid <HI>W.</HI> by which the &s;aid <HI>A.</HI> by the time afore&s;aid, did receive the &s;aid &s;ixty pounds,
<NOTE PLACE="marg">Traver&s;eth be|ing Receiver generally.</NOTE> of the Lands of the &s;aid <HI>W.</HI> by the hands of the &s;aid <HI>W.</HI> and by the hands of the afore|&s;aid <HI>R.</HI> the &s;aid ten pounds, as Bailiff of the afore&s;aid <HI>W.</HI> without this, that the &s;ame <HI>A.</HI> was Receiver of the money of the &s;aid <HI>W.</HI> in man|ner and form as the &s;aid <HI>W.</HI> by his Declaration above hath &s;uppo&s;ed: And this he is ready, <HI>&amp;c.</HI> Judgement, if, <HI>&amp;c.</HI></P>
<P>And the &s;aid <HI>W.</HI> &s;aith, That he ought not to be barred, <HI>&amp;c.</HI> be|cau&s;e he &s;aith, that the afore&s;aid <HI>A.</HI> was Receiver of the money of him the &s;aid <HI>W.</HI> by the time afore&s;aid, as, <HI>&amp;c.</HI> And this he prayeth, <HI>&amp;c. H.</HI> 10. <HI>J. Rot.</HI> 612.</P>
<DIV3 TYPE="subsection">
<PB N="46" REF="26">
<P><NOTE PLACE="marg">An account a|gain&s;t a Bailiff of an Office, and Receiver of moneys.</NOTE> <HI>A. G.</HI> was &s;ummoned to an&s;wer <HI>B. D.</HI> of a Plea, that he render to him his rea&s;onable account of the time in which he was his Bailiff in <HI>E.</HI> and Receiver of the moneys of the &s;aid <HI>B.</HI> &amp;c. And whereupon, <HI>&amp;c.</HI> that whereas the afore&s;aid <HI>A.</HI> was Bailiff of the &s;aid <HI>B.</HI> of his Office of the Con&s;table of his Ca&s;tle of <HI>D.</HI> in the County afore&s;aid, from (&s;uch a day) untill (&s;uch a day and year) having by the &s;ame time the care and Admini&s;tration of the Office afore&s;aid, and of all and &s;ingular the i&s;&s;ues and profits, coming as well of that Office, as of the cu&s;todie of the Forre&s;ts, Parks, Warrens, and other places, to the &s;aid Office pertaining: And by the &s;ame time had received of the moneys of him the &s;aid Plaintiff,
<NOTE PLACE="marg">Receiver of moneys to Mer|chandize.</NOTE> by the hands of one <HI>J. S.</HI> at <HI>D.</HI> ten pounds to Merchandize, and make the profit thereof for him the &s;aid <HI>B.</HI> and to render a rea&s;onable account to the Plaintiff of the time, i&s;&s;ues, profits, and moneys afore&s;aid, when he &s;hould be thereunto re|quired, yet the &s;aid <HI>A.</HI> although, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>ANd the &s;aid Defendant,
<NOTE PLACE="marg">The Defendant acknowledgeth the Action, and Auditors a&s;|&s;igned by the Court.</NOTE> <HI>&amp;c.</HI> defendeth the force and injury, when, <HI>&amp;c.</HI> and &s;aith, that he cannot deny the afore&s;aid action of the afore&s;aid Plaintiff, neither, but that he was Bailiff of the &s;aid Plaintiff of the Mannors afore&s;aid, by the time afore&s;aid, neither, but that he ought to account with the afore&s;aid Plaintiff, of the time and moneys afore&s;aid, in the form in which the &s;aid Plaintiff hath above declared again&s;t him, and further, the &s;aid Defendant &s;aith, that he is ready to account thereof, <HI>&amp;c.</HI> Therefore it is con&s;idered, that the afore&s;aid De|fendant account with the &s;aid Plaintiff,
<NOTE PLACE="marg">No bail upon confe&s;&s;ion.</NOTE> <HI>&amp;c.</HI> and hereupon <HI>A.</HI> and <HI>B.</HI> in the pre&s;ence of the &s;aid Defendant, are a&s;&s;igned Auditors, by the Court here, to hear the &s;aid account; which &s;aid Auditors have given day to the parties afore&s;aid before them at <HI>W.</HI> on <HI>Friday</HI> next after eight days of Saint <HI>Hillary</HI> next coming, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>EL&s;ewhere,
<NOTE PLACE="marg">I&s;&s;ue in account after Auditors a&s;&s;igned by the Court, and the Defendant builed.</NOTE> as it appeareth in the Term of Saint <HI>Hillary,</HI> in the thir|teenth year of the now Lord the King, it is thus contained: <HI>Lincoln,</HI> &s;&s;. <HI>C. Coney,</HI> lately of, <HI>&amp;c.</HI> to an&s;wer <HI>T. Frank</HI> of a plea, that he ren|der to him his rea&s;onable account, <HI>&amp;c.</HI> and whereupon, <HI>&amp;c.</HI></P>
<P>When, <HI>&amp;c.</HI> and &s;aith, that he never was Receiver, <HI>&amp;c.</HI> And of this, <HI>&amp;c.</HI> becau&s;e as well,
<NOTE PLACE="marg">Judgment in account after I&s;sue in the Countrey.</NOTE> <HI>&amp;c.</HI> After the proces thereof continued, <HI>&amp;c.</HI> Unle&s;&s;e, <HI>&amp;c.</HI> Afterwards, at the day and place, <HI>&amp;c.</HI> And the Jurors, <HI>&amp;c.</HI> Therefore it is con&s;idered of, that the afore&s;aid <HI>C.</HI> account with the afore&s;aid <HI>T.</HI> of the time and moneys afore&s;aid, and be in mercy, becau&s;e he did not account before, <HI>&amp;c.</HI> Afterwards, (that is to &s;ay) the thirteenth day of <HI>February,</HI> (in &s;uch a year) it was commanded the Sheriff of <HI>L.</HI>
<PB N="47" REF="26">that he take the fore&s;aid <HI>C. C.</HI> if, <HI>&amp;c.</HI> and him &s;afely, <HI>&amp;c.</HI>
<NOTE PLACE="marg"><HI>The</HI> Capias <HI>in account awar|ded.</HI></NOTE> So that he have his body here at this day, (that is to &s;ay) from the day of <HI>Ea&s;ter,</HI> in one month next following, to account with the afore&s;aid <HI>T. F.</HI> of the time in which he was the Receiver of the moneys of the &s;aid <HI>T.</HI> whereof he is convicted: and now here at this day, come as well the afore&s;aid <HI>T. F.</HI> by his Attorney afore&s;aid, as the afore&s;aid <HI>C. C.</HI> in his proper per&s;on (by vertue of a Writ of the &s;aid Lord the King,
<NOTE PLACE="marg"><HI>The Defendant for want of bail is commit|ted to the</HI> Fleet.</NOTE> of a <HI>Capias</HI> to account taken) here brought to the Bar, and he is committed to the pri&s;on of the &s;aid Lord the King, of the <HI>Fleet,</HI> by rea&s;on of the Premi&s;es, there to &s;tay untill, <HI>&amp;c.</HI> And the &s;ame <HI>C.</HI> &s;aith, That he is ready to account thereof with the &s;aid <HI>T. F.</HI> &amp;c. And hereupon,
<NOTE PLACE="marg">Auditors a&s;|&s;igned.</NOTE> <HI>O. G.</HI> Gentlman, <HI>R. T.</HI> Gentleman, are a&s;&s;igned Auditors by the Court here, to hear the Account afore&s;aid; which &s;aid Auditors, <HI>Monday</HI> the two and twentieth day of <HI>June,</HI> (in &s;uch a year) at three of the clock in the afternoon of the &s;ame day, at the Office of <HI>R. Brownlow</HI> E&s;quire, chief <HI>Prothonotor</HI> of this Court, in the <HI>Inner-Temple, London,</HI>
<NOTE PLACE="marg">The Defendant bailed.</NOTE> have a&s;&s;igned to the &s;aid <HI>C.</HI> to account with the &s;aid <HI>T. F.</HI> And hereupon, <HI>N. T.</HI> of, <HI>&amp;c. T. H.</HI> of, <HI>&amp;c.</HI> per&s;onally here in Court appointed, have undertook for the afore&s;aid <HI>C.</HI> in the &s;umme of one hundred pounds: And the &s;aid <HI>C.</HI> likewi&s;e pre&s;ent in the &s;ame Court, did a&s;&s;ume for him&s;elf in the &s;um of two hundred pounds, that he the &s;aid <HI>C.</HI> will appear before the &s;aid Auditors at the afore&s;aid Office of the chief <HI>Prothonotary,</HI> at the afore&s;aid day and hour above a&s;&s;igned: An &s;o from day to day, at every day and place by the afore&s;aid Au|ditors to be a&s;&s;igned, untill the account afore&s;aid &s;hall be ended: And al&s;o that he will appear before the Ju&s;tices of the &s;aid Lord the King here, at the day by the &s;ame Auditors to the &s;aid <HI>C.</HI> limited, when the &s;aid Auditors &s;hall deliver their account here in Court, and &s;o from day to day, at every day of Plea, untill the Plea thereof &s;hall be determined, and Judgement thereof given, and to render him&s;elf to the pri&s;on of the <HI>Fleet</HI> of the &s;aid Lord the King, untill he &s;hall &s;atisfie the arrerages upon him found, if Judgement &s;hall happen to be given again&s;t him, which &s;aid one hundred pounds, the afore&s;aid <HI>N. T.</HI> and <HI>T. H.</HI> have acknowledged, and each of them have ac|knowledged to be made of the Lands and Chattels of either of them: And which &s;aid two hundred pounds, the afore&s;aid <HI>C.</HI> hath acknow|ledged to be made of his Lands and Chattells, and to the u&s;e and behoof of the &s;aid <HI>T. F.</HI> to be levied, if it &s;hall happen the afore|&s;aid <HI>C.</HI> to make default at any day of the Plea or Judgement to be again&s;t him: And if the &s;aid <HI>C.</HI> &s;hall not render him&s;elf upon the &s;aid Judgement, to the pri&s;on afore&s;aid, there to remain in the &s;ame, untill he &s;hall &s;atisfie the arrerages upon him found, <HI>&amp;c.</HI> At which <HI>Monday,</HI> (that is to &s;ay) the afore&s;aid twenty third day of <HI>June,</HI> at three of the clock in the afternoon, of the &s;ame day afore&s;aid, at the afore&s;aid Office of the &s;aid <HI>R. B.</HI> in the <HI>Inner Temple,</HI> came
<PB N="48" REF="27">as well the afore&s;aid <HI>R. T.</HI> by his Attorney afore&s;aid, as the afore&s;aid <HI>C.</HI> in his proper per&s;on, and the afore&s;aid <HI>G.</HI> and <HI>R. T.</HI> then likewi&s;e came: And the &s;ame Auditors on the afore&s;aid twenty third day of <HI>June,</HI> do deliver the account of the afore&s;aid <HI>C.</HI> of the &s;aid hundred pounds, be|fore them, at the &s;aid day, and hour, and place, the Tenor whereof fol|loweth in the&s;e words:</P>
<P>The Account of <HI>C. C.</HI> late of,
<NOTE PLACE="marg">The account before Auditors.</NOTE> <HI>&amp;c.</HI> before <HI>O G.</HI> and <HI>R. T.</HI> Audi|tors, to hear that Account in the Court of Him the &s;aid Lord the King, before his Ju&s;tices of the Bench at <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle|&s;ex,</HI> by the &s;ame Court a&s;&s;igned, of the time in which the &s;aid <HI>C.</HI> was Receiver of the moneys of <HI>T. F.</HI> (that is to &s;ay) from the twentieth day of <HI>May,</HI> in the &s;ixth year of the Reign of the &s;aid now Lord the King, untill the fir&s;t day of <HI>D.</HI> in the twelfth year of, <HI>&amp;c.</HI> The &s;ame Ac|comptant rendreth his Account of one hundred pounds; whereof in the &s;aid Court, at the &s;uit of the afore&s;aid <HI>T.</HI> he is convicted, to account of the moneys of him the &s;aid <HI>T.</HI> by the &s;ame <HI>C.</HI> by the time afore&s;aid, at <HI>C.</HI> in the afore&s;aid County of <HI>Lincoln,</HI>
<NOTE PLACE="marg">Payment plead|ed before the Auditors, and I&s;&s;ue there|upon.</NOTE> by the hands of one <HI>A. S.</HI> E&s;q received, to render a rea&s;onable account thereof to the &s;aid <HI>C.</HI> when he &s;hould be required; The &s;ame <HI>C.</HI> prayeth allowance of the afore&s;aid one hundred pounds, and &s;aith, That he ought to be di&s;charged thereof, becau&s;e, as to the twenty pounds of the &s;aid one hundred pounds, he &s;aith, That after the afore&s;aid twentieth day of <HI>M.</HI> in the &s;ixth year afore&s;aid, and before the &s;aid fir&s;t day of <HI>D.</HI> in the twelfth year above|&s;aid (that is to &s;ay) The twentieth day of <HI>J.</HI> in the &s;ixth year afore&s;aid, at <HI>B.</HI> afore&s;aid, paid to the &s;aid <HI>T.</HI> the &s;aid twenty pounds, to the pro|per u&s;e of him the &s;aid <HI>T.</HI> And this he is ready to aver, and thereof re|quireth allowance: And that he may be thereof wholly di&s;charged. And as to &s;eventeen pounds of the afore&s;aid one hundred pounds likewi&s;e parcell, he the &s;ame <HI>C.</HI> &s;aith, That after the afore&s;aid twentieth day of <HI>M.</HI> in the &s;ixth year afore&s;aid, and before the &s;aid fir&s;t day of <HI>D.</HI> in the twelfth year above&s;aid, (that is to &s;ay) the twentieth day of <HI>A.</HI> in the &s;ixth year afore&s;aid, at <HI>B.</HI> afore&s;aid, paid to the &s;aid <HI>T.</HI> the &s;aid &s;even|teen pounds, to the proper u&s;e of him the &s;aid <HI>T.</HI> And this he is like|wi&s;e ready to aver, and prayeth allowance of the &s;ame &s;eventeen pounds out of the &s;aid one hundred pounds likewi&s;e parcel: And that he may be thereof likewi&s;e di&s;charged, <HI>&amp;c.</HI> And as to &s;ixty three pounds, re&s;idue of the &s;aid one hundred pounds, the &s;aid <HI>C.</HI> &s;aith, That he, after the &s;aid time in which it was &s;uppo&s;ed him the &s;aid <HI>C.</HI> to have received the &s;aid one hundred pounds (that is to &s;ay) (&s;uch a day and year) at <HI>B.</HI> afore&s;aid, by the appointment and command of him the &s;aid <HI>T.</HI> paid the &s;aid <HI>A. S.</HI> the &s;aid &s;ixty three pounds, re&s;idue of the afore&s;aid one hundred pounds; And this likewi&s;e he is ready to averre, and prayeth allowance of the &s;ame &s;ixty three pounds, re&s;idue of the afore&s;aid one hundred pounds, and that he may be thereof wholly likewi&s;e di&s;|charged, <HI>&amp;c.</HI></P>
<PB N="49" REF="27">
<P>And the &s;aid <HI>T. F.</HI> That as to the afore&s;aid twenty pounds of the &s;aid one hundred pounds,
<NOTE PLACE="marg">Severall Repli|cations.</NOTE> which the afore&s;aid <HI>C.</HI> &s;uppo&s;eth him&s;elf to have paid to the &s;aid <HI>T.</HI> on the &s;aid twentieth day of <HI>J.</HI> in the &s;ixth year above &s;aid, the &s;ame <HI>T.</HI> &s;aith, That the afore&s;aid twenty pounds, nor any moneys thereof ought not to be allowed to the &s;aid <HI>C.</HI> becau&s;e he &s;aith, That the afore&s;aid <HI>C.</HI> hath not paid unto the &s;aid <HI>T.</HI> the &s;ame twenty pounds, nor any peny thereof, in the form in which the &s;aid <HI>C.</HI> hath above alledged: And this he prayeth may be inquired of by the Coun|trey, and the &s;aid <HI>C.</HI> likewi&s;e. And as to the afore&s;aid &s;eventeen pounds of the &s;aid one hundred pounds, which the afore&s;aid <HI>C.</HI> &s;uppo&s;eth him|&s;elf to have paid to the &s;aid <HI>T.</HI> on the &s;aid twentieth day of <HI>A.</HI> in the &s;ixth year above &s;aid, the &s;aid <HI>T.</HI> &s;aith, That the afore&s;aid &s;eventeen pounds, nor any peny thereof the &s;aid <HI>C.</HI> ought not to be allowed, be|cau&s;e he &s;aith, That the afore&s;aid <HI>C.</HI> hath not paid to the &s;ame <HI>T.</HI> the &s;aid &s;eventeen pounds, nor any peny thereof, in the form in which the afore&s;aid <HI>C.</HI> hath above alledged: And this he likewi&s;e prayeth may be inquired of by the Countrey, and the &s;aid <HI>C.</HI> likewi&s;e: And as to the &s;aid &s;ixty three pounds, re&s;idue of the afore&s;aid one hundred pounds, which the &s;aid <HI>C.</HI> &s;uppo&s;eth him&s;elf to have paid to the &s;aid <HI>A. S.</HI> on the &s;aid (&s;uch a day and year) at <HI>B.</HI> afore&s;aid, by the ap|pointment and command of him the &s;aid <HI>T.</HI> he &s;aith, That the &s;aid &s;ixty three pounds, re&s;idue of the afore&s;aid one hundred pounds, nor any peny thereof, ought not to be allowed to the afore&s;aid <HI>C.</HI> becau&s;e he &s;aith, That the afore&s;aid <HI>C.</HI> hath not paid to the &s;aid <HI>A. S.</HI> the &s;aid &s;ixty three pounds, nor any peny therof, in the form in which the afore|&s;aid <HI>C.</HI> hath above alledged: And he likewi&s;e prayeth, that this may be inquired of by the Countrey, and the afore&s;aid <HI>C.</HI> likewi&s;e: Therefore to try as well that I&s;&s;ue as the afore&s;aid other I&s;&s;ues above joyned; it is commanded the Sheriff, that he cau&s;e to come here in eight days of Saint <HI>Michael,</HI> twelve, <HI>&amp;c. Trin.</HI> 15 <HI>Jac. Rot.</HI> 769.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>T. D.</HI> late of <HI>S.</HI> in the County afore&s;aid, Yeoman,
<NOTE PLACE="marg">The account of a Worden of a Church again&s;t a Warden.</NOTE> late Warden of the Church of <HI>S.</HI> was &s;ummoned to an&s;wer <HI>T. J.</HI> and <HI>W. R.</HI> now Wardens of the Church, of a Plea, That he render to them his rea|&s;onable account, from the time in which he was Warden, of the Church of <HI>S.</HI> and Receiver of the moneys and goods of the &s;ame Church, <HI>&amp;c.</HI> And whereupon, <HI>&amp;c.</HI> they &s;ay, That whereas the afore&s;aid <HI>T. D.</HI> was Warden of the Church afore&s;aid, from the Fea&s;t of <HI>E.</HI> (in &s;uch a year) untill the Fea&s;t of <HI>E.</HI> then next following, and by the &s;ame time, having the care and Admini&s;tration of the goods and Parochiall Ornaments of the &s;ame Church, and Receiver of the goods and moneys of the Church afore&s;aid, and by the &s;ame time had received of the moneys of the &s;ame Church, by the hands of, <HI>&amp;c.</HI> And of the goods of that Church, by the hands of, <HI>&amp;c.</HI> late Wardens of that
<PB N="50" REF="28">Church, one Fodder of Lead, to render an account thereof to his Suc|ce&s;&s;ors, Wardens of the &s;aid Church; yet the &s;aid <HI>T. D.</HI> although often required, hath not yet rendred his account of the time, moneys, and goods to the &s;aid now Wardens, but the &s;ame to them hitherto, <HI>&amp;c.</HI></P>
<P>And the &s;aid Defendant by,
<NOTE PLACE="marg">Fully accounted pleaded.</NOTE> <HI>&amp;c.</HI> and &s;aith, <HI>&amp;c.</HI> Becau&s;e he &s;aith, That he, after the afore&s;aid time, in which it is &s;uppo&s;ed, him the &s;aid <HI>T. D.</HI> to have been Warden of the Church afore&s;aid, and Receiver of the moneys and goods afore&s;aid, (that is to &s;ay) &s;uch a day and year, at <HI>S.</HI> afore&s;aid, did fully account with the afore&s;aid <HI>J. T.</HI> and <HI>W.</HI> of the time, moneys, and goods afore&s;aid: And this, <HI>&amp;c.</HI> If Judge|ment, <HI>&amp;c.</HI> The Plaintiff &s;aith, That he did not fully account, <HI>M.</HI> 2 <HI>Jac. Rot.</HI> 3304.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>OF a Plea,
<NOTE PLACE="marg">As to part fully accounted, as to the re&s;idue, not informed.</NOTE> That he render to him his rea&s;onable account, from the time in which he was Receiver, <HI>&amp;c.</HI></P>
<P>And the &s;aid Defendant by, <HI>&amp;c.</HI> When, <HI>&amp;c.</HI> And as to ten pounds of the afore&s;aid twenty pounds, which the &s;aid Plaintiff by his Decla|ration afore&s;aid, above &s;uppo&s;eth him the &s;aid <HI>A.</HI> within the time afore|&s;aid to have received, he &s;aith, That the &s;aid Plaintiff his Action ought not, <HI>&amp;c.</HI> Becau&s;e he &s;aith, That he (after the afore&s;aid time in which it is &s;uppo&s;ed, him the &s;aid <HI>A.</HI> to have been Receiver of the &s;aid <HI>G.</HI> of the moneys afore&s;aid, (that is to &s;ay) &s;uch a day and year, at <HI>B.</HI> afore&s;aid, did fully account with the &s;aid <HI>G.</HI> of the time afore&s;aid, and of the &s;ame ten pounds: And this, <HI>&amp;c.</HI> Whereupon he prays Judge|ment, if, <HI>&amp;c.</HI> And as to ten pounds, re&s;idue of the &s;aid twenty pounds, which the afore&s;aid <HI>G.</HI> by his Declaration afore&s;aid above, hath &s;up|po&s;ed him the &s;aid <HI>A.</HI> within the time afore&s;aid to have received; the &s;aid Attorney of the &s;aid <HI>A.</HI> &s;aith, That he is not informed, <HI>&amp;c.</HI> (as in Debt) thereof undefended, therefore it is con&s;idered of, that the &s;aid <HI>A.</HI> account with the afore&s;aid <HI>G.</HI> of the &s;ame ten pounds,
<NOTE PLACE="marg">Mercy,</NOTE> and of the time afore&s;aid, and the &s;ame <HI>A.</HI> thereof in mercy, <HI>&amp;c.</HI> becau&s;e he did not before account thereof,
<NOTE PLACE="marg"><HI>The account re&s;pited un|till,</HI> &amp;c.</NOTE> <HI>&amp;c.</HI> But the account of the &s;aid <HI>A.</HI> thereof is re&s;pited, untill the Plea afore&s;aid, for the &s;aid twenty pounds be ended, <HI>&amp;c.</HI> And the afore&s;aid <HI>G.</HI> as to the afore&s;aid Plea of the &s;aid <HI>A.</HI> as to the &s;aid ten pounds of the &s;aid twenty pounds, (by him the &s;aid <HI>A.</HI> within the time afore&s;aid received) above in barre pleaded, he &s;aith, That he, by any thing in the &s;ame Plea before al|ledged, ought not to be barred from having his Action afore&s;aid, thereof again&s;t him the &s;aid <HI>A.</HI> becau&s;e he &s;aith,
<NOTE PLACE="marg">I&s;&s;ue upon the Plea of fully a counted.</NOTE> That the afore&s;aid <HI>A.</HI> hath not accounted with him the &s;aid <HI>G.</HI> of the &s;ame ten pounds, and of the time afore&s;aid in the form in which the &s;aid <HI>A.</HI> hath above alledged: and this he prayeth may be inquired of, <HI>&amp;c. Trin.</HI> 11 <HI>Jac. Rot.</HI> 2120.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="51" REF="28">
<P><HI>G. J.</HI> late of, <HI>&amp;c.</HI> to an&s;wer, <HI>T. T.</HI> and <HI>E.</HI> his wife of a Plea,
<NOTE PLACE="marg">Again&s;t a Bai|liff of Tene|me<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ts, and Re|ceiver of mo|ney<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> by husband and wife.</NOTE> that he render to them his rea&s;onable account at the time in which he was Bailiff of the &s;aid <HI>E.</HI> while&s;t &s;he was &s;ole in <HI>F.</HI> and Receiver of the moneys of her the &s;aid <HI>E.</HI> &amp;c. And whereupon, &amp;c. they &s;ay, that whereas the afore&s;aid <HI>G.</HI> was Bailiff of her the &s;aid <HI>E.</HI> while&s;t &s;he was Sole of one Me&s;&s;uage, three acres, &amp;c. with the Appurtenances in <HI>F. A.</HI> (&s;uch a day and year) untill (&s;uch a day and year) and by the &s;ame time, having the care and Admini&s;tration of the Tenements afore&s;aid, with the Appurtenances, and to receive the rents and profits thereof, and likewi&s;e was Receiver of the moneys of her the &s;aid <HI>E.</HI> and by the &s;ame time had received of the moneys of her the &s;aid <HI>E.</HI> (that is to &s;ay) at <HI>F.</HI> afore&s;aid, by the hands of one <HI>J. S.</HI> five pounds and eight &s;hillings, and there by the hands of one <HI>J. H.</HI> nine pounds and eighteen &s;hillings, to render a rea&s;onable account thereof to the &s;aid <HI>E.</HI> when he &s;hould be thereunto required; yet the &s;aid <HI>G.</HI> although often required his rea&s;onable account afore&s;aid to the &s;ame <HI>E.</HI> while&s;t &s;he was Sole, or to the &s;ame <HI>T.</HI> and <HI>E.</HI> after E&s;pou&s;als between them celebrated, hath not rendred, but hitherto hath denied to render to them the &s;ame, and the &s;ame to render to the &s;aid <HI>T.</HI> and <HI>E.</HI> yet doth deny; whereupon they &s;ay, that they are damnified, <HI>&amp;c. Hil.</HI> 18 <HI>Jac. Rot.</HI> 3259.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>W. L.</HI> of, <HI>&amp;c.</HI> to an&s;wer <HI>E. S.</HI> of a Plea,
<NOTE PLACE="marg">Again&s;t a joynt Occupier of Grain.</NOTE> that he render to him his rea&s;onable account at the time in which he was Bailiff of the &s;aid <HI>E.</HI> in <HI>O.</HI> &amp;c. and whereupon, &amp;c. That whereas the afore&s;aid <HI>W.</HI> (&s;uch a day and year) at <HI>O.</HI> was Bailiff of him the &s;aid <HI>E.</HI> of &s;ixteen Cart-load of Wheat, of the price of twenty pounds, to the common profit of them the &s;aid <HI>E. W.</HI> in the cu&s;tody of him the &s;aid <HI>W.</HI> being by the delivery of the &s;ame <HI>E.</HI> and having the care and Admini&s;tration of the afore&s;aid &s;ixteen Cart-load of Wheat, to render his rea&s;onable ac|count, <HI>&amp;c.</HI> required, <HI>&amp;c. H.</HI> 24 <HI>Eliz. Rot.</HI> 614.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>ANd whereupon, <HI>&amp;c.</HI> That whereas the &s;aid Defendant (&s;uch a day,
<NOTE PLACE="marg">Between part|ners.</NOTE> year, and place) was Bailiff of him the &s;aid Plaintiff from (&s;uch a day) untill (&s;uch a day) and by the &s;ame time, having the care and Admini&s;tration of divers goods and chattels of him the &s;aid Plaintiff, and the &s;aid Defendant, between them equally to their common profit to be divided, (that is to &s;ay) of, <HI>&amp;c.</HI> to the value of fourty pounds, to merchandize, and render his rea&s;onable account thereof, when, <HI>&amp;c.</HI> Required, <HI>&amp;c. H.</HI> 13 <HI>Jac. Rot.</HI> 1943.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="52" REF="29">
<P>HE &s;aith,
<NOTE PLACE="marg">Always ready to render his account.</NOTE> That he always was, and yet is ready to render an account to the &s;aid <HI>D.</HI> of the &s;aid moneys above required, and prayeth to be admitted to make an account thereof, <HI>&amp;c.</HI> Therefore let the &s;aid <HI>R.</HI> account thereof; but it is re&s;pited untill the re&s;idue of the Plea be ended, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>ANd whereupon,
<NOTE PLACE="marg">Again&s;t a Re|ceiver of mo|neys to pay the &s;ame to &s;er|vants for wa|ges.</NOTE> <HI>&amp;c.</HI> That whereas the &s;aid Defendant (&s;uch a day and year) at <HI>G.</HI> did receive of the moneys of him the &s;aid <HI>A.</HI> by the hands of <HI>J. F.</HI> twenty marks, to pay to the &s;ervants of the &s;aid <HI>A.</HI> for wages, Fee, and Sallaries due to the &s;ame &s;ervants at (&s;uch a Fea&s;t) then next following, to render his rea&s;onable account thereof, <HI>&amp;c. M.</HI> 16 <HI>H.</HI> 8. <HI>Rot.</HI> 523.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><NOTE PLACE="marg">An account a|gain&s;t a Bailiff of an Hundred.</NOTE> THat he render to him his rea&s;onable account of the time in which he was Bailiff of the Liberty and Franchi&s;e of him the &s;aid <HI>A.</HI> of his hundred and half of <HI>C.</HI> likewi&s;e of the Mannors, Lands, and Tenements of him the &s;aid <HI>A.</HI> of <HI>B. R.</HI> and <HI>H.</HI> &amp;c. And whereupon, <HI>&amp;c.</HI> he &s;aith, That whereas the &s;aid Defendant was Bailiff of him the &s;aid <HI>A.</HI> of the Liberty and Franchi&s;e of him the &s;aid <HI>A.</HI> of his hundred and half of <HI>C.</HI> and likewi&s;e of the Mannors of him the &s;aid <HI>A.</HI> of <HI>B. R.</HI> and <HI>H.</HI> and of the Lands and Tenements (that is to &s;ay) of twenty Me&s;&s;uages, <HI>&amp;c.</HI> with the Appurtenances in <HI>B. H.</HI> and <HI>R.</HI> afore&s;aid, (from &s;uch a day) un|till (&s;uch a day) and by the &s;ame time, having the care and admini&s;tra|tion of the Execution and Return of all and &s;ingular Writs, Warrants and Precepts, and of perceiving and receiving of all Fees, advantages, and profits, by rea&s;on of the Execution and Return of the &s;ame Writs, War|rants and Precepts, in and within the afore&s;aid hundred and half, and in and within the afore&s;aid Manors, Lands and Tenements, and within eve|ry parcel thereof: And al&s;o of the receiving, perceiving, and collection of all Fines, redemptions, i&s;&s;ues, forfeitures, amerciaments and concords, for licen&s;e of Fines, and likewi&s;e of all, and all manner of goods and chattels of Felons, Fugitives, per&s;ons outlawed, and waived, condemnati|ons, and attaints, and all convictions, either put in the <HI>Exigents</HI> for Fe|lony or Trea&s;on, and al&s;o of the chattels of Felons of them&s;elves, and of all Deodands, Wrecks of the Sea, trea&s;ure found, and of all other goods and chattels which are called Waives and Strays, and al&s;o of all profits hapning and ari&s;ing of Fines and Amerciaments, of eva&s;ions and e&s;capes of all and &s;ingular Felons and pri&s;oners, from what pri&s;ons &s;oever within the afore&s;aid hundred and half, and the Mannors, Lands, and Tenements, with the Appurtenances to the u&s;e of him the &s;aid <HI>A.</HI> and to make the profit thereof of him the &s;aid <HI>A.</HI> and to render a rea&s;onable ac|count
<PB N="53" REF="29">thereof, when, <HI>&amp;c.</HI> required, yet the &s;aid Defendant, although, <HI>&amp;c. P.</HI> 13 <HI>H.</HI> 8. <HI>Rot.</HI> 522.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>ANd the &s;aid Defendant, by, <HI>&amp;c.</HI> when, <HI>&amp;c.</HI> and &s;aith,
<NOTE PLACE="marg"><HI>Barr in account where the De|fendant &s;aith, that he was Re|ceiver at ano|ther time then in the Declara|tion, and that for that time he did account before Audi|tors, without that,</HI> &amp;c.</NOTE> That the &s;aid Plaintiff his Action, <HI>&amp;c.</HI> ought not, becau&s;e he &s;aith, that he was Receiver of the moneys of him the &s;aid Plaintiff, from (&s;uch a day) untill &s;uch a day) and by the &s;ame time had received of the moneys of him the &s;aid Plaintiff in his Declaration afore&s;aid &s;pecified, of which &s;aid mo|neys, the &s;aid Defendant on the &s;aid (&s;uch a day and year) afore&s;aid at <HI>W.</HI> in the County of <HI>M.</HI> (before <HI>J. L.</HI> then Auditor of the &s;aid Plaintiff, by the &s;ame Plaintiff a&s;&s;igned to hear the account of the &s;aid Defendant at <HI>W.</HI> afore&s;aid) did fully account with the afore&s;aid Plaintiff, of the mo|neys and time afore&s;aid, without that, that the &s;aid Defendant was Re|ceiver of the moneys of the afore&s;aid Plaintiff, from the afore&s;aid (&s;uch a day and year) above&s;aid, untill the afore&s;aid (&s;uch a day) then next fol|lowing, as the afore&s;aid Plaintiff by his Declaration afore&s;aid, above hath &s;uppo&s;ed. And this, <HI>&amp;c.</HI> if Judgement, <HI>&amp;c.</HI></P>
<P>Ought not to be debarred, <HI>&amp;c.</HI> becau&s;e he &s;aith,
<NOTE PLACE="marg">Replication.</NOTE> That the &s;aid De|fendant was Receiver of the moneys of him the &s;aid Plaintiff, the afore&s;aid (&s;uch a day and year) untill the afore&s;aid (&s;uch a day) then next following, as he above hath declared again&s;t him: And this he prayeth, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>ANd the &s;aid Defendant, by, <HI>&amp;c.</HI> when,
<NOTE PLACE="marg">Saith nothing in account.</NOTE> <HI>&amp;c.</HI> and &s;aith nothing in bar of the Action of the &s;aid Plaintiff, by which the &s;ame Plaintiff re|maineth thereof undefended again&s;t the &s;aid Defendant: Therefore it is con&s;idered, that the &s;aid Defendant account with the afore&s;aid Plaintiff of the time and moneys afore&s;aid: and that he be in mercy, becau&s;e he did not thereof before account, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Ancient Deme&s;ne.</HEAD>
<P>AT the Court of <HI>John,</HI>
<NOTE PLACE="marg">The form of levying a Fine in ancient De|me&s;ne.</NOTE> Abbot of the Mona&s;tery of the ble&s;&s;ed <HI>Mary</HI> of Grace, neer the Tower of <HI>London,</HI> of his Mannor of <HI>Gun&s;hil,</HI> there holden the twentie fourth day of <HI>June,</HI> in the one and twentieth year of the Reign of King <HI>Henry</HI> the eighth, before <HI>A.B.C.D.</HI> and <HI>F.G.</HI> Suitors of the &s;ame Court, according to the cu&s;tom of the Man|nor afore&s;aid, that out of minde, there u&s;ed, <HI>&amp;c.</HI> At this Court, came <HI>John T.</HI> and <HI>E. T.</HI> in their proper per&s;ons, and delivered here into Court, a certain Writ of our Lord the King, of Right clo&s;e, again&s;t <HI>N. D.</HI> and <HI>John</HI> his wife, to the Bailiffs of the afore&s;aid
<PB N="54" REF="30">Abbot directed, and according to the cu&s;tom of the Mannor afore&s;aid, to be determined; the tenor of which Writ followeth in the&s;e words:</P>
<P><HI>Henry the eighth by the Grace of God,</HI> &amp;c: (as in the Writ <HI>Verbatim</HI>) <HI>Te&s;te</HI> the twenty fourth day of <HI>June,</HI> in the one and twentieh year of his Reign: And the afore&s;aid <HI>J. T.</HI> and <HI>E. T.</HI> do prote&s;t to pro&s;ecute that Writ, in the nature and form of a Writ of Covenant, at the Com|mon Law, to levie a Fine thereupon, and pray Proces thereof to be made for them, according to the Exigence of the Writ afore&s;aid, and according to the cu&s;tom of the Mannor afore&s;aid, again&s;t the afore&s;aid <HI>N.</HI> and <HI>J.</HI> And they found Pledges of pro&s;ecuting their Writ afore&s;aid, (that is to &s;ay) <HI>T. B.</HI> and <HI>W. S.</HI> Therefore, according to the cu&s;tom of the Mannor afore&s;aid, it is commanded to <HI>T. B.</HI> Under-Bailiff of the afore&s;aid Abbot, of his Mannor afore&s;aid, and Mini&s;ter of the &s;aid Court, that he &s;ummon by good Summoners, the afore&s;aid <HI>N.</HI> and <HI>J.</HI> that they be here at the next Court, (that is to &s;ay) at <HI>G.</HI> afore&s;aid, on <HI>Friday,</HI> next after the Fea&s;t of Saint <HI>John</HI> the Bapti&s;t, next to come, before the Suitors of that Court, to be holden there, to an&s;wer the afore&s;aid <HI>J. T.</HI> and <HI>E.</HI> of the Plea afore&s;aid, according to the cu&s;tom of the Mannor afore&s;aid; The &s;ame day is given to the afore&s;aid <HI>J. T.</HI> and <HI>E.</HI> here, <HI>&amp;c.</HI> At which &s;aid Court here, (that is to &s;ay) at <HI>G.</HI> afore&s;aid, on the &s;aid <HI>Friday,</HI> in the one and twentieth year of the Reign of the afore&s;aid King, before the afore&s;aid Suitors of the &s;ame Court, according to the cu&s;tom afore&s;aid held, came as well the afore&s;aid <HI>J.T.</HI> and <HI>E.</HI> as the afore&s;aid <HI>N.</HI> and <HI>J.</HI> in their proper per&s;ons: And the afore&s;aid <HI>T. B.</HI> Under-Bailiff of the Mannor afore&s;aid, and Mini&s;ter of the &s;aid Court likewi&s;e came, and te&s;tified here in Court, that he &s;ummoned the &s;aid <HI>N.</HI> and <HI>J.</HI> to be here at this day, to an&s;wer the afore&s;aid <HI>John T.</HI> and <HI>Edmund,</HI> in the Premi&s;es, (that is to &s;ay) by <HI>John Doe,</HI> and <HI>Richard Roe,</HI> &amp;c. And hereupon the afore&s;aid <HI>J. T.</HI> and <HI>E.</HI> in the &s;ame Court, pray that the afore&s;aid <HI>N.</HI> and <HI>J.</HI> may hold Covenant to them, between them made, of the &s;aid Me&s;&s;uage, fourty acres of Land, fourty acres of Meadow, ten acres of Wood, and two &s;hillings of Rent, with the Appurtenances in <HI>G.</HI> &amp;c. (as in the Writ of Right clo&s;e) and the &s;aid <HI>N.</HI> and <HI>J.</HI> pray liberty thereof, of concording with the afore&s;aid <HI>J. T.</HI> and <HI>E. T.</HI> and they, the &s;aid <HI>J. T.</HI> and <HI>E. T.</HI> give to the Lord Abbot, for that licen&s;e of con|cording with the afore&s;aid <HI>N.</HI> and <HI>J.</HI> three &s;hillings and four pence, <HI>&amp;c.</HI> Whereupon the finall concord between the parties afore&s;aid, is made here in full Court, of the Me&s;&s;uages, Lands, and Tenements with the Appurtenances, in form following, (that is to &s;ay) that the afore&s;aid <HI>N.</HI> and <HI>J.</HI> (&s;he examined alone, as the manner is) do acknowledge the Me&s;&s;uages and Tenements afore&s;aid, with the Appurtenances, to be the Right of the afore&s;aid <HI>J. T.</HI> as tho&s;e which the afore&s;aid <HI>J. T.</HI> and <HI>E.</HI> have of the gift of the afore&s;aid <HI>N.</HI> and <HI>J.</HI> and tho&s;e they remi&s;ed and quit claimed from them the &s;aid <HI>Nicholas</HI> and <HI>Johan,</HI>
<PB N="55" REF="30">and the heirs of the &s;aid <HI>Johan,</HI> to the &s;aid <HI>J. T.</HI> and <HI>E.</HI> and the heirs of him the &s;aid <HI>J. T.</HI> for ever: And moreover, they the &s;aid <HI>N.</HI> and <HI>Johan,</HI> have granted for them and the heirs of the &s;aid <HI>Johan,</HI> that they will warrant the Me&s;&s;uages and Tenements afore&s;aid, with the Appur|tenances, to the &s;aid <HI>J. T.</HI> and <HI>J.</HI> and the heirs of him the &s;aid <HI>J. T.</HI> again&s;t all men for ever; And for this Recognizance, remi&s;e, quit claim, warranty, fine, and concord, they the &s;aid <HI>J.</HI> and <HI>E.</HI> have given to the afore&s;aid <HI>N.</HI> and <HI>J.</HI> ten pounds of Silver, <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>A&s;si&s;e.</HEAD>
<P><HI>WE&s;tmerland</HI> &s;&s;. An A&s;&s;i&s;e comes to Recognize,
<NOTE PLACE="marg">An A&s;si&s;e brought for common of Pa|&s;ture for all manner of cat|tell.</NOTE> whether <HI>T. W.</HI> Knight, and <HI>L. W.</HI> unju&s;tly, and without Judgement, have di&s;&s;eized <HI>H.</HI> Earl of <HI>Cumberland,</HI> of his common of Pa&s;ture in <HI>R.</HI> which pertains to his Freehold in <HI>R.</HI> within thirty years, now la&s;t pa&s;t, <HI>&amp;c.</HI> And whereupon the &s;aid Earl, by <HI>H. D.</HI> his Attorney, Com|plains that the afore&s;aid <HI>T. W.</HI> hath di&s;&s;eized him of his common of Pa&s;ture, to wit, for commoning every year, all times of the year, in five hundred acres of Pa&s;ture, with the Appurtenances in <HI>R.</HI> afore&s;aid, with all Hor&s;es, Oxen, Cows, Swine, and Sheep, and other Cattell, and bea&s;ts, in his Mannor of <HI>R.</HI> in the County of <HI>R.</HI> Levant and Couchant, which pertains to his Free-hold in <HI>R.</HI> (that is to &s;ay) to his Mannor afore&s;aid: And for the Title of the common of Pa&s;ture afore&s;aid, and the A&s;&s;i&s;e afore&s;aid thereupon to be had, the &s;aid Earl &s;aith, that one <HI>H.</HI> lately Earl of <HI>Cumberland,</HI> father of him the &s;aid now Earl, who&s;e heir he is, was &s;eized of the Mannor afore&s;aid, with the Appurtenances, in his Deme&s;ne as of Fee: And that he the &s;aid late Earl, and all tho&s;e, who&s;e E&s;tate the &s;aid Earl in that Mannor, with the Appurtenances had, from the time whereof the contrary is not extant in the memory of man, have had, and have been accu&s;tomed to u&s;e and have for them|&s;elves and their Tenants, for term of life, years, or at will, of their Mannor afore&s;aid, and of every parcell thereof, common of Pa&s;ture, with the cattell and bea&s;ts afore&s;aid, in the Mannor afore&s;aid, levant and couchant, every year, at all times of the year, on the afore&s;aid five hundred acres of Pa&s;ture, as unto the Mannor afore&s;aid pertain|ing: And he the &s;aid late Earl of the Mannor afore&s;aid, with the Ap|purtenances, being &s;o &s;eized of &s;uch his E&s;tate, died thereof &s;eized; after who&s;e death, the Mannor afore&s;aid, with the Appurtenances, did de&s;cend to him the &s;aid now Earl, as &s;on and heir of the afore&s;aid late Earl; by which the &s;aid now Earl, into the Mannor afore&s;aid, with the Appurtenances, did enter, and was, and yet is thereof &s;eized in his Deme&s;ne, as of Fee: And being &s;o thereof &s;eized, he the &s;aid now Earl, before the day of the i&s;&s;uing forth of the Originall Writ
<PB N="56" REF="31">of A&s;&s;ize afore&s;aid, put his Cattel, that is to &s;ay, two Oxen and two Hor&s;es, in the afore&s;aid Mannor, levant and couchant, on the afore|&s;aid five hundred Acres of Pa&s;ture, to feed upon the Gra&s;s there then growing, u&s;ing his Common afore&s;aid: And the &s;aid Cattel were eat|ing the Gra&s;s there then growing, until the afore&s;aid <HI>T.</HI> before the day of the i&s;&s;uing of the afore&s;aid Writ of him the &s;aid now Earl, of his Common of Pa&s;ture afore&s;aid, unju&s;tly and without judgment did di&s;&s;eize, as he above again&s;t him hath complained: And this he is ready to aver, and thereupon demands the A&s;&s;ize, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T.</HI> by <HI>J P.</HI> his Attorney, cometh and &s;aith, That he hath done no injury or di&s;&s;eizin to the afore&s;aid now Earl,
<NOTE PLACE="marg">Plea, no wrong nor di&s;&s;ei&s;in.</NOTE> of the Common of Pa&s;ture afore&s;aid, in the afore&s;aid five hundred Acres of Pa&s;ture in view, <HI>&amp;c.</HI> put, and in the Plaint afore&s;aid &s;pecified: And upon this he puts him&s;elf upon the A&s;&s;ize, and the afore&s;aid now Earl in like manner: Therefore the A&s;&s;ize is to be taken thereupon between them, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>PLeas of A&s;&s;izes at the Ca&s;tle of <HI>Exon</HI> in the County of <HI>Devon,</HI>
<NOTE PLACE="marg">A&s;&s;i&s;e.</NOTE> on <HI>Thur&s;day</HI> in three weeks after the <HI>Quadrage&s;ima,</HI> in the fourth year of the Reign of <HI>Edward</HI> the &s;ixth, by the Grace of God, King of <HI>England, France,</HI> and <HI>Ireland,</HI> Defender of the Faith, before <HI>Hum|frey Brown,</HI> Knight, and <HI>J. H.</HI> Knight, Ju&s;tices of the Lord the King, a&s;&s;igned to take A&s;&s;izes in the County afore&s;aid, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>The A&s;&s;ize cometh to recognize,
<NOTE PLACE="marg">A&s;&s;i&s;e again&s;t three which plead &s;everally.</NOTE> If <HI>John Giles,</HI> Gent. <HI>W. G.</HI> Gent. and <HI>R. P.</HI> E&s;q unju&s;tly, <HI>&amp;c.</HI> have di&s;&s;eized <HI>N. C.</HI> E&s;q of his Freehold in Great <HI>Toton</HI> within thirty years, <HI>&amp;c.</HI> And thereupon the &s;aid <HI>N.</HI> in his proper per&s;on doth complain, That they have di&s;&s;eized him of one Me&s;&s;uage, with the Appurtenances, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>And the afore&s;aid <HI>J.W.</HI>
<NOTE PLACE="marg">The adjourn|ment of the a&s;|&s;i&s;e.</NOTE> and <HI>R.</HI> by <HI>V. C.</HI> their Attorney, come, and hereupon for certain Cau&s;es and Con&s;iderations, the Ju&s;tices, here moving, the A&s;&s;ize afore&s;aid is adjourned before the Ju&s;tices at <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex,</HI> in the Exchequer Chamber there, until <HI>Thur&s;day</HI> next after fifteen days of <HI>Ea&s;ter</HI> next en&s;uing, the &s;ame day is given to the parties afore&s;aid there, &amp;c. At which day, at the <HI>Exchequer Chamber</HI> afore&s;aid, came as well the &s;aid <HI>N.</HI> by <HI>A. B.</HI> his Attorney, as the &s;aid <HI>J. W.</HI> and <HI>R.</HI> by their Attorney a&s;ore&s;aid; and the &s;aid <HI>R.</HI> &s;aith, That he is not, neither at the day of the i&s;&s;uing forth of the original Writ of A&s;&s;ize afore&s;aid,
<NOTE PLACE="marg"><HI>Non-tenure, and if, &amp;c.</HI> 1. <HI>Tenant.</HI></NOTE> nor any time afterwards, was, Tenant of the Freehold of the Me&s;&s;uage afore|&s;aid, with the Appurtenances in the afore&s;aid Writ of A&s;&s;ize named;
<PB N="57" REF="31">and this he is ready to aver,
<NOTE PLACE="marg">Never &s;eized, if, &amp;c.</NOTE> whereupon he de&s;ires Judgment of that Writ, &amp;c. And if, &amp;c. then he the &s;aid <HI>R.</HI> &s;aith, That the afore&s;aid <HI>N.</HI> was never &s;eized of the Me&s;&s;uage afore&s;aid, with the Appurtenan|ces of &s;uch an E&s;tate, &s;o that he might thereof be di&s;&s;eized; and if, &amp;c. then the &s;aid <HI>R</HI> &s;aith, That he hath done no Injury or Di&s;&s;eizin to the &s;aid <HI>N.</HI> of the Me&s;&s;uage afore&s;aid, with the Appurtenances:
<NOTE PLACE="marg">No wrong, &amp;c.</NOTE> And of this he putteth him&s;elf upon the A&s;&s;ize, and the afore&s;aid <HI>N.</HI> likewi&s;e; therefore let the A&s;&s;ize thereof between them be taken, &amp;c. and the afore&s;aid <HI>J.</HI> an&s;wereth as Tenant of the Freehold of the Me&s;&s;uage a|fore&s;aid, in the view of the Recognitors of the A&s;&s;ize afore&s;aid put, and in the Plaint afore&s;aid &s;pecified with the Appurtenances;
<NOTE PLACE="marg">The &s;econd Te|nant an&s;wers as Tenant in ancient Deme&s;n to part.</NOTE> and as to the third part of the &s;aid Me&s;&s;uage, with the Appurtenances in three parts to be divided, he &s;aith, That the afore&s;aid third part, with the Appurtenances is held of <HI>R. C.</HI> as of his Mannor of Great <HI>Toton</HI> in the County afore&s;aid, which Mannor is of ancient Deme&s;n of the Crown of the Lord the King of his Kingdom of <HI>England;</HI> and that the afore|&s;aid third part, with the Appurtenances, is pleadable, and hath been pleaded in the Court of the Mannor afore&s;aid by a petty Writ of the Lord the King of Right-clo&s;e, from the time of the contrary of which the memory of man is not extant: And this he is ready to aver; where|upon he prayeth Judgment,
<NOTE PLACE="marg">Bar by Feoff|ment.</NOTE> if the Court of the Lord the King here will hold cognizance of the Plea thereof: and as to the moiety of the re&s;idue of the afore&s;aid Me&s;&s;uage, with the Appurtenances, the &s;aid <HI>J.</HI> &s;aith, That the &s;aid A&s;&s;ize thereof between him and the afore&s;aid <HI>N.</HI> ought not to be made, becau&s;e he &s;aith, That one <HI>N. S.</HI> was &s;eized of the &s;aid moiety, with the Appurtenances in his Deme&s;n as of Fee; and being thereof &s;o &s;eized of the &s;ame moiety, with the Appurtenances, did enfeoff one <HI>A P</HI> to hold to him and his Heirs for ever: by vertue of which Feoffment the &s;aid <HI>A.</HI> was thereof &s;eized in his Deme&s;n as of Fee, the &s;tate of which &s;aid <HI>A.</HI> of and in the moiety afore&s;aid,
<NOTE PLACE="marg">What E&s;tate.</NOTE> with the Appurtenances, the &s;aid <HI>J.</HI> now hath, and the &s;aid <HI>N. C.</HI> claiming the mo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ety afore&s;aid, with the Appurtenances,
<NOTE PLACE="marg">Colour.</NOTE> by colour of a certain Wri|ting of Demi&s;e to him thereof made for term of his life by the afore&s;aid <HI>N S.</HI> whereas none of that moiety with the Appurtenances into the Po&s;&s;e&s;&s;ion of the afore&s;aid <HI>N. C.</HI> (by that Writing ever pa&s;&s;ed) into that moiety with the Appurtenances did enter: Upon the po&s;&s;e&s;&s;ion whereof, of the &s;aid <HI>N. C.</HI> one <HI>G. M.</HI> into the moiety afore&s;aid, with the Appurtenances did enter; upon the po&s;&s;e&s;&s;ion of which &s;aid <HI>M. G.</HI> thereof, the &s;aid <HI>J.</HI> into the moiety afore&s;aid, with the Appurtenances, did re-enter, as it was lawful for him, and this he is ready to aver: where|upon he requires Judgment, if the A&s;&s;ize thereof between him and the &s;aid <HI>N. C.</HI> in that behalf ought to be made, &amp;c. And as to the re&s;idue of the Me&s;&s;uage afore&s;aid, with the Appurtenances, the &s;aid <HI>J.</HI> &s;aith,
<NOTE PLACE="marg">Bar by Feoff|ment pleaded to the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e&s;idue.</NOTE> That the A&s;&s;ize between him and the afore&s;aid <HI>N.</HI> ought not to be, be|cau&s;e he &s;aith, that one <HI>J. P.</HI> was &s;eized of that re&s;idue, with the Ap|purtenances
<PB N="58" REF="32">in her Deme&s;n as of Fee: and being thereof &s;o &s;eized of the re&s;idue thereof, with the Appurtenances, did enfeoff <HI>R. K. R. R. D. I.</HI> and <HI>T. P.</HI> to hold to them and their Heirs for ever: By vertue of which Feoffment the &s;aid <HI>R R. D.</HI> and <HI>T.</HI> were thereof &s;eized in their Deme&s;n as of Fee:
<NOTE PLACE="marg">The E&s;tate.</NOTE> The E&s;tate of which &s;aid <HI>R. R. D.</HI> and <HI>T.</HI> of and in that re&s;idue, with the Appurtenances, the &s;aid <HI>J.</HI> now hath: And the afore&s;aid <HI>N C.</HI>
<NOTE PLACE="marg">The Colour.</NOTE> claiming that re&s;idue, with the Appurtenan|ces, by colour of a certain Writing of Demi&s;e to him thereof made for term of his life by the &s;aid <HI>Joan,</HI> whereas none of that re&s;idue, with the Appurtenances, into the po&s;&s;e&s;&s;ion of the &s;aid <HI>N. C.</HI> by that Writing ever pa&s;&s;ed, into that re&s;idue with the Appurtenances did enter; upon the po&s;&s;e&s;&s;ion of which &s;aid <HI>N. C.</HI> thereof, the &s;aid <HI>G. M.</HI> into that re&s;idue, with the Appurtenances, did enter: up|on who&s;e Po&s;&s;e&s;&s;ion thereof, the &s;aid <HI>G. M.</HI> the &s;aid <HI>J.</HI> into that re&s;idue, with the Appurtenances, did re-enter, as it was lawful for him: And this he is ready to aver, whereupon he requires Judgment, if the A&s;&s;ize thereof between him and the afore&s;aid <HI>N. C.</HI> in this behalf ought to be made, &amp;c.</P>
<P>And the afore&s;aid <HI>W.</HI>
<NOTE PLACE="marg">The Tenant on&s;wereth as T<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nant by ano|ther Tenant.</NOTE> <HI>Giles</HI> an&s;wereth as Tenant of the Freehold of the Me&s;&s;uage afore&s;aid, with the Appurtenances, without that, That the &s;aid <HI>J.</HI> and <HI>R.</HI> have any thing in the &s;ame, and &s;aith, That the A&s;&s;ize between him and the afore&s;aid <HI>N. C.</HI> in this behalf ought not to be made, becau&s;e, as to the third part of that Me&s;&s;uage in three parts divided,
<NOTE PLACE="marg">The Plain<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">iff never &s;ei&s;ed within thirty years of part.</NOTE> the &s;aid <HI>W.</HI> &s;aith, That the afore&s;aid <HI>N. C.</HI> was never &s;eized of that third part, with the Appurtenances, within the afore&s;aid thirty years, of &s;uch an E&s;tate, &s;o that he might there|of be di&s;&s;ei&s;ed: And this he is ready to aver, whereupon he requi|reth Judgment, if the A&s;&s;ize thereof between him the &s;aid <HI>W.</HI> and the afore&s;aid <HI>N. C.</HI> in this behalf ought to be made, &amp;c. And as to the moiety of the re&s;idue of the Me&s;&s;uage afore&s;aid, with the Appurtenances, the &s;aid <HI>W.</HI> &s;aith, That one <HI>Richard Wol&s;ton</HI> was &s;eized of the &s;ame moiety, with the Appurtenances, in his Deme&s;n as of Fee: And &s;o being thereof &s;eized of that moiety, with the Appur|tenances, did enfeoff one <HI>A. P.</HI> to hold to him and his Heirs for ever: By vertue of which Feoffment the &s;aid <HI>A.</HI>
<NOTE PLACE="marg">Th E&s;tate.</NOTE> was thereof &s;eized in his De|me&s;n as of Fee: the E&s;tate of which &s;aid <HI>Anne,</HI> of, and in the moiety afore&s;aid, with the Appurtenances, the &s;aid <HI>W.</HI> now hath; and the afore&s;aid <HI>N. C.</HI> claiming the moiety afore&s;aid, with the Appurtenan|ces,
<NOTE PLACE="marg">The Colour.</NOTE> by colour of a certain Writing of Demi&s;e, to him thereof made for term of his life, by the &s;aid <HI>R. Wolston,</HI> whereas none of that moiety, with the Appurtenances, into the Po&s;&s;e&s;&s;ion of the afore|&s;aid <HI>N. C.</HI> by that Writing ever pa&s;&s;ed, into that moiety, with the Appurtenances. did enter, upon the Po&s;&s;e&s;&s;ion of which &s;aid <HI>N. C.</HI> thereof, one <HI>M. G.</HI> into that moiety, with the Appurtenances, entred upon the Po&s;&s;e&s;&s;ion thereof, upon which &s;aid <HI>M. G.</HI> the &s;aid <HI>W.</HI> into
<PB N="59" REF="32">the moiety afore&s;aid, with the Appurtenances, did re-enter, as it was lawful for him: And this he is ready to aver, whereupon he requires Judgment, if the A&s;&s;ize thereof between him and the afore&s;aid <HI>N. C.</HI> in this behalf ought to be made, <HI>&amp;c.</HI> And as to the re&s;idue of the Me&s;&s;uage afore&s;aid, with the Appurtenances, the &s;aid <HI>W.</HI> &s;aith,
<NOTE PLACE="marg">Bar by de&s;cent in tail to the re&s;idue.</NOTE> That one <HI>T. Haxte,</HI> and <HI>H. D.</HI> were &s;eized of that re&s;idue, with the Appurtenances in their Deme&s;n as of Fee, and being thereof &s;o &s;eized, gave that re&s;idue, with the Appurtenances, to one <HI>T. Pome|roy,</HI> and <HI>A.</HI> his Wife, and the Heirs of their Bodies i&s;&s;uing,
<NOTE PLACE="marg">Gi&s;t in tail.</NOTE> by which Gift the &s;aid <HI>T.</HI> and <HI>A.</HI> were thereof &s;eized in their Deme&s;n as of Fee-tail: And &s;o thereof &s;eized, the &s;aid <HI>T. P.</HI> dyed, and the &s;aid <HI>A.</HI> over-lived him, and was &s;eized of that re&s;idue, with the Appur|tenances, in her Deme&s;n as of Fee-tail, by right of accruing, <HI>&amp;c.</HI> And &s;o thereof &s;eized, dyed thereof &s;eized,
<NOTE PLACE="marg">De&s;cent.</NOTE> after the death of which &s;aid <HI>A.</HI> that re&s;idue, with the Appurtenances, did de&s;cend to one <HI>R. P.</HI> as Son and Heir of the Bodies of the &s;aid <HI>T. P.</HI> and <HI>A.</HI> i&s;&s;uing, by vertue of which the &s;aid <HI>R.</HI> into that re&s;idue, with the Appurtenances, entered, and was thereof &s;eized in his Deme&s;n as of Fee-tail, by form of the Gift afore&s;aid: And being thereof &s;o &s;eized of that re&s;idue, with the Appurtenances, did enfeoff the &s;aid <HI>W. Giles,</HI> to hold to him and his Heirs for ever: By vertue of which Feoffment the &s;aid <HI>W. G.</HI> was thereof &s;eized in his Deme&s;n as of Fee:
<NOTE PLACE="marg">The Colour.</NOTE> And the &s;aid <HI>N.</HI> claiming that re&s;idue, with the Appurtenances, by colour of a certain Writing of Demi&s;e to him thereof made for term of his life, by the afore&s;aid <HI>T. H.</HI> and <HI>H.</HI> whereas none of that re&s;idue, with the Ap|purtenances, into the Po&s;&s;e&s;&s;ion of him the &s;aid <HI>N. C.</HI> by that Wri|ting ever pa&s;&s;ed, into that re&s;idue, with the Appurtenances, did enter, upon the Po&s;&s;e&s;&s;ion thereof, upon which &s;aid <HI>N. C.</HI> one <HI>G. M.</HI> enter|ed upon the Po&s;&s;e&s;&s;ion thereof, upon which &s;aid <HI>G.</HI> the &s;aid <HI>W.</HI> into that re&s;idue, with the Appurtenances, did re-enter, as it was lawful for him: And this he is ready to aver, whereupon he requires Judgment, if the A&s;&s;ize thereof between him and the afore&s;aid <HI>N. C.</HI> in this be|half ought to be made, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>N C.</HI> &s;aith, That the afore&s;aid <HI>W. G.</HI> is,
<NOTE PLACE="marg">Election of the Tenant.</NOTE> and the afore&s;aid day of the i&s;&s;uing forth of the Writ of A&s;&s;ize afore&s;aid, was, Tenant of the Freehold of the whole Me&s;&s;uage afore&s;aid, with the Appurtenances, without that. That the afore&s;aid <HI>John</HI> hath any thing in the &s;ame: And as to the afore&s;aid Plea of the &s;aid <HI>J. G.</HI> above in Bar pleaded, the &s;aid <HI>N. C.</HI> &s;aith,
<NOTE PLACE="marg">Demurrer to Plea in Bar.</NOTE> That that Plea is not &s;ufficient in Law to have precluded him the &s;aid <HI>N C.</HI> from his A&s;&s;ize afore&s;aid again&s;t him; and that he to that Plea, in manner and form afore&s;aid pleaded, hath no need, neither by the Law of the Land is held, to an|&s;wer: and this he is ready to aver, whereupon he requires Judgment, and that he may proceed to take the A&s;&s;ize thereof, between him and the afore&s;aid <HI>J. G. &amp;c.</HI> And as to the Plea afore&s;aid, of the &s;aid <HI>W. G.</HI>
<PB N="60" REF="33">above in Bar of the A&s;&s;ize afore&s;aid pleaded, the &s;aid <HI>N. C.</HI> &s;aith. That he by any thing in the &s;ame Plea before alledged, from his A&s;&s;ize a|fore&s;aid, again&s;t the &s;aid <HI>W.</HI> ought not to be precluded, becau&s;e as to the afore&s;aid fir&s;t Plea,
<NOTE PLACE="marg">I&s;&s;ue taken, that the Peaintiff was &s;eized within thirty years.</NOTE> of the &s;aid <HI>W. G.</HI> to the &s;aid third part of the Me&s;&s;uage afore&s;aid, with the Appurtenances, in the &s;ame fir&s;t Plea of him the &s;aid <HI>W. G.</HI> above &s;pecified, <HI>N. C.</HI> &s;aith, That he him|&s;elf was &s;eized of the &s;ame third part, with the Appurtenances, within the afore&s;aid thirty years, of &s;uch an E&s;tate, &s;o that he might thereof be di&s;&s;eized, and of this he putteth him&s;elf upon the A&s;&s;ize, and the afore&s;aid <HI>W. Giles</HI> in like manner, therefore let the A&s;&s;ize thereof be|tween them be taken,
<NOTE PLACE="marg">Title by de&s;cent in Fee.</NOTE> <HI>&amp;c.</HI> And as to the afore&s;aid &s;econd Plea of the &s;aid <HI>W. G.</HI> to the afore&s;aid other moiety, re&s;idue of the Me&s;&s;uage a|fore&s;aid, with the Appurtenances, in the &s;ame &s;econd Plea of him the &s;aid <HI>W. G.</HI> above &s;pecified, the &s;aid <HI>N. C.</HI> &s;aith, That one <HI>C. Wyvel</HI> was &s;eized of the afore&s;aid moiety, of the re&s;idue afore&s;aid, with the Appurtenances, in his Deme&s;n as of Fee, and &s;o thereof &s;eized, dyed thereof &s;eized, after who&s;e death, the &s;ame moiety of the re&s;idue afore|&s;aid, with the Appurtenances, did de&s;cend to one <HI>J. C.</HI> as Son and Heir of the &s;aid <HI>Chri&s;tian,</HI> by vertue of which, the &s;aid <HI>J.</HI> into the &s;ame moie|ty of the re&s;idue afore&s;aid, with the Appurtenances, did enter, and was thereof &s;eized in his Deme&s;n as of Fee, and &s;o thereof &s;eized of &s;uch E&s;tate thereof dyed by Prote&s;tation &s;eized, after the death of which &s;aid <HI>J. C.</HI> the &s;aid moiety of the re&s;idue afore&s;aid, with the Appurte|nances,
<NOTE PLACE="marg">The &s;econd de|&s;cent by prote|&s;tation.</NOTE> did de&s;cend to the &s;aid <HI>N. C.</HI> as next Co&s;in and Heir of the &s;aid <HI>J. C.</HI> by which the &s;aid <HI>N. C.</HI> into the afore&s;aid moiety of the re|&s;idue afore&s;aid, with the appurtenances, entred, and was thereof &s;eized in his Deme&s;n as of Fee, until the afore&s;aid <HI>J. G. W. G.</HI> and <HI>R. P.</HI> him the &s;aid <HI>N. C.</HI> thereof unju&s;tly, <HI>&amp;c.</HI> did di&s;&s;eize, as the &s;aid <HI>N. C.</HI> above again&s;t them complaineth, and this he is ready to aver, whereupon he requires Judgment, and that he may proceed to the taking of the A&s;&s;ize thereof afore&s;aid between him the &s;aid <HI>N. C.</HI> and the afore&s;aid <HI>W. G. &amp;c.</HI> And as to the third Plea afore&s;aid of the &s;aid <HI>W. G.</HI> to the afore&s;aid re&s;idue of the Me&s;&s;uage afore&s;aid,
<NOTE PLACE="marg">Title by de&s;cent in Fee.</NOTE> with the Appurtenances in the &s;ame third Plea of him the &s;aid <HI>W. G.</HI> above &s;pecified; he the &s;aid <HI>N. C.</HI> by Prote&s;tation, not acknowledging that the &s;aid <HI>T. Hext,</HI> and <HI>H. D</HI> have given that re&s;idue, with the Appur|tenances to the &s;aid <HI>T. P.</HI> and <HI>A.</HI> to hold to them and their Heirs of their Bodies i&s;&s;uing, in manner and form as the &s;aid <HI>J. G.</HI> above hath alledged, for Plea the &s;aid <HI>N. C.</HI> &s;aith, That one <HI>C. W.</HI> was &s;eized of the afore&s;aid re&s;idue, with the Appurtenances, in his Deme&s;n as of Fee, and &s;o thereof &s;eized, dyed thereof by Prote&s;tation &s;eized; after who&s;e death, the &s;aid re&s;idue, with the Appurtenances, did de&s;cend to one <HI>J. G.</HI> as Son and Heir of the &s;aid <HI>C.</HI> By vertue of which the &s;aid <HI>J.</HI> into the &s;ame re&s;idue, with the Appurtenances, did enter, and was thereof &s;eized in his Deme&s;n as of Fee, until the afore&s;aid <HI>A.</HI> and <HI>R. P.</HI> the
<PB N="61" REF="33">afore&s;aid <HI>J. C.</HI> to the u&s;e of the &s;aid <HI>A.</HI> thereof unju&s;tly, <HI>&amp;c.</HI>
<NOTE PLACE="marg">Di&s;&s;ei&s;ia to ano|ther u&s;e.</NOTE> did di&s;|&s;eize, <HI>&amp;c.</HI> By vertue whereof the &s;ame <HI>A.</HI> was &s;eized of that re&s;idue, with the Appurtenances, in her Deme&s;ne, as of Fee by di&s;&s;ei&s;in, <HI>&amp;c.</HI> and &s;o thereof &s;eized by di&s;&s;ei&s;in, the &s;ame <HI>A.</HI> died thereof &s;eized; after the death of which &s;aid <HI>A.</HI> the &s;ame re&s;idue, with the Appurtences did de|&s;cend to the &s;aid <HI>R. P.</HI> as &s;on and heir of the afore&s;aid <HI>A.</HI> by vertne whereof the &s;aid <HI>R. P.</HI> into that re&s;idue, with the Appurtenances, did enter, and was thereof &s;eized in his Deme&s;ne as of Fee: and afterwards the afore&s;aid <HI>J. C.</HI> died, after who&s;e death, the &s;aid <HI>N. C.</HI> as next of con&s;anguinity, and heir of the &s;aid <HI>J. C.</HI> into that re&s;idue,
<NOTE PLACE="marg">The De&s;&s;ei&s;or dying, the heir of the Di&s;&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">i&s;or enters.</NOTE> with the Appurtenances, did enter, and was thereof &s;eized in his Deme&s;ne as of Fee, untill the afore&s;aid <HI>J. G. W. G.</HI> and <HI>R. P.</HI> now Tenants, him the &s;aid <HI>N. C.</HI> thereof unju&s;tly, <HI>&amp;c.</HI> did di&s;&s;eize: And this he is ready to averre; whereupon he requires Judgment, and that he may proceed to the taking of the A&s;&s;ize thereof between him the &s;aid <HI>N. C.</HI> and the afore&s;aid <HI>W. G.</HI> &amp;c.</P>
<P>And the afore&s;aid <HI>W. G.</HI>
<NOTE PLACE="marg">The A&s;si&s;e to be taken upon the fir&s;t Title pleaded.</NOTE> as to the afore&s;aid fir&s;t Title of the &s;aid <HI>N. C.</HI> to the afore&s;aid moyetie of the afore&s;aid re&s;idue, with the Ap|purtenances, in the &s;ame fir&s;t Title of the &s;aid <HI>N. G.</HI> &s;pecified, he re|quires that upon the afore&s;aid Title of the &s;aid <HI>N. C.</HI> the A&s;&s;ize may be taken between him and the afore&s;aid <HI>N. C.</HI> to the afore&s;aid moyetie of the re&s;idue afore&s;aid, <HI>&amp;c.</HI> And the afore&s;aid <HI>N. C.</HI> in like manner; therefore upon that Title, let the A&s;&s;ize be taken between them, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>W. G.</HI>
<NOTE PLACE="marg">For the &s;econd Title, the Te|nant doth maintain his Bar, and tra|ver&s;es the Di&s;|&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">i&s;in.</NOTE> as to the afore&s;aid &s;econd Title of the afore|&s;aid <HI>N. C.</HI> to the afore&s;aid re&s;idue of the Me&s;&s;uage in the view of the Recognitors of the A&s;&s;ize afore&s;aid put, and in the Plaint afore&s;aid &s;pecified, with the Appurtenances, as before he &s;aith, that the afore&s;aid <HI>T. H.</HI> and <HI>H. D.</HI> were &s;eized of that re&s;idue, with the Appurtenances, in their Deme&s;ne as in Fee, and &s;o thereof &s;eized, did give that re&s;idue, with the Appurtenances, to the &s;aid <HI>T. P.</HI> and <HI>A.</HI> his wife, and the heirs of their bodies i&s;&s;uing; by which gift, the &s;aid <HI>T. P.</HI> and <HI>A.</HI> were thereof &s;eized in their Deme&s;ne as of Fee-tail, and being there|of &s;eized, the &s;aid <HI>T. P.</HI> died; and the afore&s;aid <HI>A.</HI> him over-lived, and was &s;eized of that re&s;idue, with the Appurtenances, in her Deme&s;ne as of Fee-tail, by right of accrewing, <HI>&amp;c.</HI> and &s;o thereof died &s;eized; after who&s;e death, that re&s;idue, with the Appurtenances, did de&s;cend to the &s;aid <HI>R. P.</HI> as &s;on and heir of the bodies of the &s;aid <HI>T. P.</HI> and <HI>A.</HI> i&s;&s;uing, by vertue whereof the &s;aid <HI>R. P.</HI> into that re&s;idue, with the Appurtenance, did enter, and was thereof &s;eized in his Deme&s;ne as of Fee tail, by force of the gift afore&s;aid, and &s;o thereof &s;eized of that re&s;idue, with the Appurtenances, did infeoff the &s;aid <HI>W. G.</HI> to hold to him and his heirs for ever; by vertue of which Feoffment,
<NOTE PLACE="marg">Trave<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;e.</NOTE> the &s;aid <HI>W.</HI> was thereof &s;eized in his Deme&s;ne as of Fee, as he above hath alledged, without that, that the afore&s;aid <HI>A.</HI> and <HI>R. P.</HI> in the afore|&s;aid third Plea of the &s;aid <HI>W. G.</HI> &s;pecified, unju&s;tly, <HI>&amp;c.</HI> did di&s;&s;eize
<PB N="62" REF="34">the afor&s;aid <HI>J. C.</HI> of the afore&s;aid re&s;idue of the &s;aid Me&s;&s;uage, with the Appurtenances, in manner and form as the afore&s;aid <HI>N. C.</HI> above hath alledged: And this he is ready to averre; whereupon, as before, he requires Judgement; and that the afore&s;aid <HI>N. C.</HI> from his A&s;&s;ize afore&s;aid there again&s;t him to be had, may be barred, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>N. C.</HI> as before,
<NOTE PLACE="marg">I&s;&s;ue upon the Traver&s;e.</NOTE> &s;aith, That the afore&s;aid <HI>A.</HI> and <HI>R. P.</HI> unju&s;tly, <HI>&amp;c.</HI> did di&s;&s;eize the afore&s;aid <HI>J. C.</HI> of the afore&s;aid re|&s;idue of the afore&s;aid Me&s;&s;uage, with the Appurtenances, as he above hath alledged: And this he requires may be inquired of by the A&s;&s;ize, and the afore&s;aid <HI>W. G.</HI> in like manner: Therefore let the A&s;&s;ize there|of between them be taken,
<NOTE PLACE="marg">The A&s;si&s;e ad|journed.</NOTE> <HI>&amp;c.</HI> And thereupon the la&s;t A&s;&s;ize afore|&s;aid is adjourned before the afore&s;aid Ju&s;tices of the Lord the King, a&s;&s;igned to take the A&s;&s;izes in the County afore&s;aid, at the Ca&s;tle of <HI>Exon</HI> afore&s;aid,
<NOTE PLACE="marg">Re&s;ummons awarded.</NOTE> untill <HI>Monday</HI> the twenty fir&s;t day of <HI>July</HI> next to come. Therefore it is commanded to the Sheriff, that he re-&s;ummon by good Summoners, the Recognitors of the A&s;size afore&s;aid, that then they be there to make recognition of that A&s;size: And in the mean time, <HI>&amp;c.</HI> The &s;ame day is given as well to the afore&s;aid <HI>N. C.</HI> as the afore&s;aid <HI>J. W.</HI> and <HI>R. P.</HI> now Tenants there, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THe A&s;&s;ize came to Recognize,
<NOTE PLACE="marg">A&s;si&s;e again&s;t two, and both of them &s;ay, that he is &s;ole Tenant, and the Plaintiff choo|&s;eth one for Tenant.</NOTE> If <HI>Edward</HI> Earl of <HI>Derby,</HI> and <HI>J. Aun&s;el,</HI> unju&s;tly, <HI>&amp;c.</HI> have di&s;&s;eized, <HI>J. Newdigate</HI> of his Free-hold in <HI>H.</HI> within thirty years, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>J. N.</HI> by <HI>John Bill,</HI> his Attorney, doth complain, that they have di&s;&s;eized him of thirty acres of Pa&s;ture, and four acres of Moor, <HI>&amp;c.</HI> And the afore&s;aid Earl, and <HI>J. A.</HI> by <HI>G. H.</HI> their Attorney, came, and the &s;ame Earl &s;aith, That he is &s;ole Tenant of the Free-hold of the Tenements afore&s;aid,
<NOTE PLACE="marg">Sole Tenancy by one pleaded.</NOTE> in view of the Recognitors of the A&s;&s;ize afore|&s;aid put, and in the Plaint afore&s;aid &s;pecified, with the appurtenances, and requires Judgment of the Writ of A&s;&s;ize afore&s;aid, becau&s;e he &s;aith, That tho&s;e Tenements in the view of the Recognitors afore&s;aid put,
<NOTE PLACE="marg"><HI>The Tenants are in another Village, and if,</HI> &amp;c. <HI>Then no wrong to the Plaintiff.</HI></NOTE> and in the afore&s;aid Plaint &s;pecified, with the Appurtenances are, and at the day of the obtaining of the Writ afore&s;aid, were in <HI>Hillingdon</HI> in the County afore&s;aid, and not in <HI>Herfield</HI> afore&s;aid, as by the &s;aid Writ above is &s;uppo&s;ed: And this he is ready to aver, whereupon he requires Judgment of that Writ, <HI>&amp;c.</HI> And if, <HI>&amp;c.</HI> then the &s;ame Earl &s;aith. That he hath done no injury or di&s;&s;ei&s;in to the afore&s;aid <HI>J. N.</HI> of the Tene|ments afore&s;aid, with the Appurtenances; And of this he putteth him&s;elf upon the a&s;&s;ize, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J A.</HI> &s;aith,
<NOTE PLACE="marg">Sole Tenancy by the &s;econd Tenant plea+aed.</NOTE> That he is &s;ole Tenant of the Free|hold of the afore&s;aid Tenements, in the view of the Recognitors of the A&s;&s;ize afore&s;aid put, and in the Plaint afore&s;aid &s;pecified, with the Appurtenances: Without that, that the afore&s;aid Earl hath any thing, or the day of the obtaining of the Originall Writ afore&s;aid, or any time
<PB N="63" REF="34">afterwards had in the &s;ame. And as to the thirty acres of Pa&s;ture, and fifteen arcres of Wood, of the afore&s;aid Tenements, with the Appurte|nances, the &s;aid <HI>J. A.</HI> demandeth Judgement of the Writ of A&s;&s;ize afore&s;aid; becau&s;e he &s;aith, That the &s;ame thirty acres of Pa&s;ture,
<NOTE PLACE="marg"><HI>Part of the Te|nements are in ano<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">her Vil|lage,</HI> &amp;c. <HI>And if,</HI> &amp;c. <HI>then no wrong to the Plaintiff.</HI></NOTE> and fifteen acres of Wood, with the Appurtenances are, and the afore&s;aid day of the obtaining of the Originall Writ of A&s;&s;ize afore&s;aid were in <HI>Culham,</HI> in the County afore&s;aid, and not in <HI>Herfield</HI> afore&s;aid, as by the Writ afore&s;aid above is &s;uppo&s;ed: And this he is ready to averre; Whereupon he requires Judgment of that Writ, <HI>&amp;c.</HI> And if, <HI>&amp;c.</HI> Then the &s;ame <HI>J. A</HI> &s;aith, That he hath done no injury or di&s;&s;ei&s;in of the &s;ame thirty acres of Pa&s;ture, and fifteen acres of Wood, with the Appurtenan|ces to the &s;aid <HI>J. N.</HI> And of this he putteth him&s;elf upon the A&s;&s;ize, <HI>&amp;c.</HI></P>
<P>And as to the whole re&s;idue of the Tenements afore&s;aid,
<NOTE PLACE="marg">Bar by de&s;cent with what E&s;tate.</NOTE> with the Appurtenances, in view of the Recognitors afore&s;aid put, and in the Plaint afore&s;aid &s;pecified, the &s;aid <HI>J. A.</HI> &s;aith, That the A&s;&s;ize thereof between him and the afore&s;aid <HI>J. N.</HI> in this behalf, ought not to be made, <HI>&amp;c.</HI> Becau&s;e he &s;aith; that one <HI>T.</HI> late Earl of <HI>Derby,</HI> was &s;eized of the &s;ame re&s;idue, with the Appurtenances, in his Deme&s;ne as of Fee, and &s;o thereof &s;eized of &s;uch his E&s;tate thereof, afterwards died thereof &s;eized, after who&s;e death, that re&s;idue, with the Appur|tenances, did de&s;cend to the afore&s;aid now Earl, as &s;on and heir of the afore&s;aid late Earl, by which the &s;aid now Earl, into that re&s;idue, with the Appurtenances, entred, and was thereof &s;eized in his Deme&s;ne, as of Fee, who&s;e E&s;tate of the &s;aid now Earl, of and in that re&s;idue, with the Appurtenances, the &s;aid <HI>J. A.</HI> now hath in the &s;ame: And the afore&s;aid <HI>J. N.</HI> (claiming that re&s;idue,
<NOTE PLACE="marg">The colour.</NOTE> with the Appurte|nances, by colour of a certain Writing of Feoffment thereof to him made, by the afore&s;aid late Earl, for the term of his life; whereas none of that re&s;idue, with the Appurtenances, in the po&s;&s;e&s;&s;ion of the afore&s;aid <HI>J. N.</HI> by that Writing ever pa&s;&s;ed) into that re&s;idue, with the Appurtenances, upon the po&s;&s;e&s;&s;ion of the afore&s;aid <HI>J. A.</HI> did enter; upon the po&s;&s;e&s;&s;ion of which &s;aid <HI>J. N.</HI> one <HI>H. Hart</HI> did enter; upon the po&s;&s;e&s;&s;ion of which &s;aid <HI>H. H.</HI> the &s;aid <HI>J. A.</HI> in the &s;ame re&s;idue, with the Appurtenances, did re-enter, as it was law|full for him; and this he is ready to averre, whereupon he prayeth Judgment, if the A&s;&s;ize of that re&s;idue, with the Appurtenances, be|tween him and the afore&s;aid <HI>J. N.</HI> ought to be done.</P>
<P>And the afore&s;aid <HI>J. N.</HI> &s;aith, That the afore&s;aid now Earl is,
<NOTE PLACE="marg">Election of the Tenant.</NOTE> and the day of the obtaining of the Originall Writ of A&s;&s;ize afore&s;aid, (that is to &s;ay) (&s;uch a day and year) was Tenant of the Free-hold of the Tenements afore&s;aid, in the view of the Recognitors of the A&s;&s;ize afore&s;aid put, and in the Plaint afore&s;aid &s;pecified, with the Appurtenances, and that the &s;aid <HI>J. N.</HI> to the Plea of the afore&s;aid <HI>J. A.</HI> above pleaded, by the Law of the Land, is not held to an&s;wer, <HI>&amp;c.</HI> And as to the afore&s;aid Plea of the afore&s;aid now Earl, in ce&s;&s;ation of
<PB N="64" REF="35">the Writ afore&s;aid above pleaded, the &s;aid <HI>J. N.</HI> &s;aith, That his Writ afore&s;aid, for the rea&s;on in the &s;ame Plea before alledged, ought not to be qua&s;hed, becau&s;e he &s;aith, That the Tenements in view of Re|cognitors of the A&s;&s;ize afore&s;aid put, and in the Plaint afore&s;aid &s;peci|fied, with the Appurtenances, are, and the afore&s;aid day of the ob|taining of the Originall Writ of A&s;&s;ize afore&s;aid, were in <HI>Herfield</HI> afore&s;aid, as by the Writ afore&s;aid above is &s;pecified. And this he prayeth may be inquired of by the A&s;&s;ize, and the afore&s;aid Earl in like manner; therefore let the A&s;&s;ize thereof between them be taken, <HI>&amp;c.</HI> But that A&s;&s;ize is to remain to be taken here,
<NOTE PLACE="marg"><HI>The</HI> Hab<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">as Corpora.</NOTE> untill <HI>Tue&s;day</HI> next af|ter the Fea&s;t of <HI>All-Saints,</HI> for default of Recognitors, becau&s;e none came, therefore let the Sheriff have their bodies, <HI>&amp;c.</HI> And in the mean time, <HI>&amp;c.</HI> at which day here come, as well the afore&s;aid <HI>J. N.</HI> as the afore&s;aid Earl and <HI>J. A.</HI> by their Attorneys afore&s;aid, and hereupon the A&s;&s;ize afore&s;aid remaineth to be taken here, untill <HI>Thur&s;day</HI> next after the Fea&s;t of <HI>All-Saints,</HI> for default of Recognitors, becau&s;e none came, therefore let the Sheriff have their bodies, <HI>&amp;c.</HI> and in the mean time, <HI>&amp;c.</HI> at which day, here come as well the afore&s;aid <HI>J. N.</HI> as the afore&s;aid Earl and <HI>J. A.</HI> by their Attorneys afore&s;aid, and the Re|cognitors thereof impannelled and called likewi&s;e come, and here|upon the afore&s;aid Earl challengeth the Array of the A&s;&s;ize afore|&s;aid, becau&s;e he &s;aith, That the afore&s;aid Earl is, and the day of the obtaining of the Writ of A&s;&s;ize afore&s;aid,
<NOTE PLACE="marg">Challenge to the Array for that no Knight is re|turned.</NOTE> and before, was one of the Noble men and Peers of this Kingdom, having a place and voyce in every Parliament of the &s;ame Kingdom, and that the Array of the A&s;&s;ize afore&s;aid was made by <HI>T. O.</HI> and <HI>W. H.</HI> late Sheriff of the &s;aid County of <HI>Middle&s;ex,</HI> (no Knight, in the &s;ame pannell of Array, being named or returned) as it ought to be, according to the Law of this Kingdom, and this he is ready to aver, whereupon the &s;aid Earl requires Judgment, and that the pannell afore&s;aid may be qua&s;hed, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J. N.</HI> &s;aith, The &s;aid challenge to the Array of the pannell of the A&s;&s;ize afore&s;aid,
<NOTE PLACE="marg">The Plaintiff demurs in Law to the chal|lenge.</NOTE> by him the &s;aid Earl above alledged, is not &s;ufficient in Law, to qua&s;h the Array of that pannell, and that he to that challenge in manner and form afore&s;aid, above alledged, hath no need, neither by the Law of the Land is held to an&s;wer, and this he is ready to aver; whereupon he prays Judgement, and that the Array of that pannell may be affirmed, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid now Earl,
<NOTE PLACE="marg">Jovnder in demurrer.</NOTE> for that he hath above alledged &s;ufficient challenge to qua&s;h the Array of the pannell afore&s;aid, which he is ready to averre; which &s;aid challenge the afore&s;aid <HI>J. N.</HI> hath not denied, neither hath an&s;wered any thing to it, but altogether refu&s;eth to admit of the proof thereof; therefore the afore&s;aid now Earl prayeth Judgment, and that the Array of that Pannell may be qua&s;h|ed, <HI>&amp;c.</HI> And becau&s;e the Ju&s;tices here will advi&s;e them&s;elves of, and upon that challenge, before they give Judgment thereof, day is given
<PB N="65" REF="35">as well to the afore&s;aid <HI>J. N.</HI> as the afore&s;aid now Earl, and likewi&s;e to the &s;aid <HI>J. A.</HI> and al&s;o to the Recognitors afore&s;aid, now here ap|pearing, untill <HI>Thur&s;day</HI> next after eight days of Saint <HI>Martin,</HI> next to come, of hearing their Judgment thereof in that, that the Ju&s;tices hear thereof not yet, <HI>&amp;c.</HI> At which <HI>Thur&s;day,</HI> here come as well the afore|&s;aid <HI>J. N.</HI> as the afore&s;aid now Earl, and <HI>J. A.</HI> by their Attorneys afore&s;aid, and the afore&s;aid Recognitors being called, likewi&s;e come, and upon that, the challenge afore&s;aid of the &s;aid now Earl, the Array of the pannell of A&s;&s;ize afore&s;aid, being &s;een, and by the Ju&s;tices here more fully under&s;tood, it &s;eemeth to the &s;aid Ju&s;tices here, that the Ar|ray of that pannell of A&s;&s;ize in manner and form afore&s;aid, by the &s;aid late Sheriff of <HI>Middle&s;ex,</HI> arrayed and returned, is in&s;ufficient,
<NOTE PLACE="marg">The Array qua&s;hed.</NOTE> and of no force or effect in the Law, therefore it is con&s;idered of, that that pannell be qua&s;hed, and wholly held for nothing, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THe A&s;&s;ize came to Recognize, If <HI>J. C.</HI> of <HI>C.</HI> and <HI>M.</HI> his wife,
<NOTE PLACE="marg">An A&s;si&s;e of Common of Pa&s;ture with the Title there|of.</NOTE> un|ju&s;tly, and without Judgment, have di&s;&s;eized <HI>Richard,</HI> Abbot of <HI>Forde,</HI> of his common of pa&s;ture in <HI>C.</HI> afterwards, <HI>&amp;c.</HI> And where|upon he complaineth, that they have di&s;&s;eized him of his common of pa&s;ture, <HI>to wit,</HI> to have common of two acres of land of them the &s;aid <HI>J. C.</HI> and <HI>M.</HI> with two hundred Sheep, ten Bullocks, and four Heifers, with their increa&s;e every year, by the whole year, and for the Title of the Free-hold and A&s;&s;ize of the common afore&s;aid, the &s;aid Abbot &s;aith, That he, and all his Predece&s;&s;ors, Abbots of <HI>Forde,</HI> as in the right of their Church, of the ble&s;&s;ed <HI>Mary</HI> of <HI>Ford,</HI> from the time of the contrary, of which the memory of man is not, were &s;ucce&s;&s;ively &s;eized of the com|mon afore&s;aid, as of their Free-hold, as in gro&s;&s;e, untill the afore&s;aid <HI>J. C.</HI> and <HI>M.</HI> him the &s;aid Abbot unju&s;tly, and without Judgement did di&s;&s;eize, and he prayeth the A&s;&s;ize, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THe A&s;&s;ize cometh to Recognize, If <HI>T. T.</HI> and <HI>A.</HI> his wife,
<NOTE PLACE="marg">Otherwi&s;e, when the Land ties to w<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ck, with a Title thereof g<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">anted for term of life.</NOTE> unju&s;t|ly, <HI>&amp;c.</HI> have di&s;&s;eized <HI>J. C.</HI> and <HI>C.</HI> his wife, of their common of pa&s;ture in <HI>B.</HI> after that, <HI>&amp;c.</HI> And whereupon they complain, that they have di&s;&s;eized them of their common of pa&s;ture, <HI>to wit,</HI> to have com|mon in three hundred acres of Land, and three acres of Meadow, in the Town afore&s;aid, (that is to &s;ay, in the land afore&s;aid, when that land lyeth fallow by the whole year; and when that land is &s;owed, af|ter the blade mowed, gathered together, and carried away, untill that land is &s;owed again, and in the Meadow afore&s;aid, after the gra&s;&s;e in the &s;ame mowed, and the Hay thereof made and carried away, untill the middle of <HI>March,</HI> with all manner of cattell every year, and for the Title of the Free-hold, and the A&s;&s;ize of the common afore&s;aid the &s;ame <HI>J.</HI> and <HI>C.</HI> his wife, &s;ay, That one <HI>C. Dymock,</HI> and all his Ance&s;tors, time
<PB N="66" REF="36">out of minde, were &s;eized of the common afore&s;aid, as of one gro&s;&s;e by it &s;elf as of Fee, and being &s;o thereof &s;eized by her certain Writing in|dented, the one part thereof &s;igned with the Seal of her the &s;aid <HI>C. D.</HI> the &s;aid <HI>J. C.</HI> and <HI>C.</HI> his wife, bring here in Court, the date whereof is at <HI>S.</HI> (&s;uch a day and year) did give and grant to the &s;aid <HI>J. C.</HI> and <HI>C.</HI> his wife for term of their lives, and the longer liver of either of them: by vertue of which Gift and Grant, the &s;aid <HI>J. C.</HI> and <HI>C.</HI> his wife were &s;eized of that common, with the Appurtenances, as of Free-hold, untill the afore&s;aid <HI>T. C.</HI> and <HI>A.</HI> them unju&s;tly, and without Judgment did di&s;&s;eize, and prayeth A&s;&s;ize, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THe A&s;&s;ize came to Recognize,
<NOTE PLACE="marg">An A&s;&s;ize of E&s;tovers with Title, by Pre|&s;ersption.</NOTE> If <HI>T.</HI> Prior of <HI>T.</HI> unju&s;tly, <HI>&amp;c.</HI> hath di&s;&s;eized <HI>J. H.</HI> of his Free-hold in <HI>D.</HI> after that <HI>&amp;c.</HI> And whereupon he &s;aith, That he did di&s;&s;eize him of his rea&s;onable E&s;to|vers, to one Me&s;&s;uage and two roods of land, called <HI>Plow-lands,</HI> in the Town afore&s;aid, to be taken in two hundred acres of Wood, in the &s;ame Town, (that is to &s;ay) To make new hou&s;es, and to repair old hou&s;es, and to make new hedges, and to repair old hedges, and to make new folds, and to repair old folds, of green wood, as of old wood, without view or leave, and of wood to repair three Stairs in the afore&s;aid Me&s;&s;uage: And for the Title of the Free-hold, and A&s;|&s;ize of the E&s;tovers afore&s;aid to be had, the &s;aid <HI>J.</HI> &s;aith, That he and all his Ance&s;tors, and all tho&s;e who&s;e E&s;tate he hath in the Me&s;|&s;uage and Tenements afore&s;aid, time out of minde, were &s;eized of the E&s;tovers to be taken in the wood afore&s;aid; And this he is ready to averr, and prayeth A&s;&s;ize, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THe A&s;&s;ize cometh to Recognize.
<NOTE PLACE="marg">A&s;&s;ize of an|noyance of turning the water-cour&s;e.</NOTE> If <HI>G. D. R. M.</HI> and <HI>J. R.</HI> unju&s;t|ly, <HI>&amp;c.</HI> did turn the cour&s;e of a certain Water in <HI>R.</HI> to the an|noyance of the Free-hold of <HI>W. B.</HI> and <HI>J. B.</HI> in the &s;ame Town; And whereupon the &s;aid <HI>W. B.</HI> and <HI>J. B.</HI> by <HI>T. H.</HI> their Attorney, do complain; That whereas the &s;aid <HI>W. B.</HI> and <HI>J. B.</HI> are, and long &s;ince were &s;eized of three acres of Meadow, with the Appurtenances, in the afore&s;aid Town of <HI>R.</HI> To which &s;aid Meadow, a Water, called <HI>F.</HI> time out of minde, directly through the middle of the two acres and a half of the Meadow of the afore&s;aid <HI>G.</HI> in the &s;ame Town was u&s;ed to run, which &s;aid Water, the &s;aid <HI>W. B.</HI> and <HI>J. B.</HI> and all tho&s;e who&s;e E&s;tates they have in the afore&s;aid three acres of Mea|dow, from the whole time afore&s;aid, were u&s;ed at every time of the year, with the Water afore&s;aid, to overflow and water that Meadow, the afore&s;aid <HI>G. R.</HI> and <HI>J. R.</HI> have unju&s;tly diverted the cour&s;e of the Water afore&s;aid, in the two acres and half of Meadow of the afore&s;aid <HI>G.</HI> &s;o that the Water afore&s;aid, at every time of the year
<PB N="67" REF="36">cannot run into the afore&s;aid two acres of Meadow of the &s;aid <HI>W. B.</HI> and <HI>J. B.</HI> So that whereas the &s;aid <HI>W. B.</HI> and <HI>J. B.</HI> might, and were u&s;ed to have had every year in the &s;ame three acres of Meadow, &s;ix Cart-load of Hay, now they can have in the &s;ame Meadow but one Cart-load of Hay; and &s;o to the annoyance, and requires the A&s;&s;ize, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>S&V;&s;&s;ex</HI> &s;&s;. The A&s;&s;ize came to Recognize,
<NOTE PLACE="marg">A&s;&s;i&s;e for dimi|ni&s;hing the Wa|ter in a Pond, by which he lo&s;t his fi&s;hing, and the watering of his cattell.</NOTE> If <HI>William Farnfold</HI> un|ju&s;tly, <HI>&amp;c.</HI> hath let out a Pond in <HI>S.</HI> and <HI>E&s;tgren&s;ted,</HI> to the an|noyance of the Fre-hold of <HI>E. Carill,</HI> E&s;quire, in the &s;ame Town, within thirty years, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>E.</HI> by <HI>A. B.</HI> his Attorney, complaineth, That whereas a certain Water, called <HI>R.</HI> time out of minde, did run in a &s;treight and moderate cour&s;e of running, in &s;ix acres of Meadow, of the afore&s;aid <HI>E.</HI> in <HI>S.</HI> and <HI>E.</HI> afore&s;aid, of which the &s;ame <HI>E.</HI> is, and long &s;ince was &s;eized in his Deme&s;ne as of Fee: And the &s;aid <HI>E.</HI> and all tho&s;e who&s;e E&s;tate he the &s;aid <HI>E.</HI> hath in the &s;ame &s;ix acres of Meadow, by the whole time afore&s;aid, in the Water afore&s;aid, have fi&s;hed, and were accu&s;tomed to fi&s;h, and the fi&s;h thereof yearly to the value of fourty &s;hillings, have taken and car|ryed away, and his Cattell feeding in the &s;ame &s;ix acres of Meadow, in the Water afore&s;aid, by the whole time afore&s;aid have watered: And he the &s;aid <HI>E.</HI> being of the &s;ame &s;ix acres of Meadow, with the Appurtenances, being &s;o &s;eized, the afore&s;aid <HI>W. F.</HI> hath rai&s;ed the &s;aid Pond over-thwart the Water afore&s;aid, &s;o neer the afore&s;aid &s;ix acres of Meadow, that the Water afore&s;aid, which in the &s;aid &s;ix acres of Meadow, at every time of the year, was u&s;ed moderately to run through in Summer-time, is wholly ob&s;tructed, and the afore&s;aid &s;ix acres of Meadow, in every increa&s;ing of the Water; and when&s;oever the afore&s;aid <HI>W. F.</HI> hath opened the Flood-gates of the Pond afore|&s;aid, by abundance of water, being in the Pond afore&s;aid, wholly was drowned, and &s;o to the annoyance, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THe A&s;&s;ize cometh to Recognize, If <HI>William Jeoffreys, B. L.</HI>
<NOTE PLACE="marg">An A&s;&s;i&s;e for an Office of a Filazer.</NOTE> and <HI>J. K.</HI> unju&s;tly, <HI>&amp;c.</HI> did di&s;&s;eiz <HI>Nicholas V.</HI> of his Free hold in <HI>We&s;tmin&s;ter,</HI> within thirty years now la&s;t pa&s;t, <HI>&amp;c.</HI> And whereup|on the &s;ame <HI>N.</HI> in his proper per&s;on doth complain, that the afore|&s;aid <HI>W. B.</HI> and <HI>J.</HI> have di&s;&s;eized him of his Office of Filazer here of the Common Bench, (that is to &s;ay) of the Office of the Filazer of the County of <HI>S.</HI> and <HI>W.</HI> and for the Title of the Free-hold for the A&s;&s;ize thereof to be had, the &s;ame <HI>N.</HI> &s;aith, That whereas by the cu&s;tom in the Court of the &s;ame Bench, time out of minde u&s;ed and approved, every chief Ju&s;tice of the &s;ame Court, for the time being, every Office of a Filazer in the Bench afore&s;aid, for every vacancy of the &s;ame at his plea&s;ure was u&s;ed and accu&s;tomed to give,
<PB N="68" REF="37">grant, and a&s;sign to any fit per&s;on what&s;oever, to have, exerci&s;e, and enjoy that Office, with the vails, fees, profits, and rewards to the &s;ame Office belonging and pertaining, for the term of the naturall life of the &s;aid per&s;on: And whereas al&s;o one <HI>J. B.</HI> Knight, being lately chief Ju&s;tice of the Common Bench at <HI>We&s;tmin&s;ter</HI> afore&s;aid, (&s;uch a day and year) the &s;aid Office of Filazer of the Counties of <HI>S.</HI> and <HI>W.</HI> being then vacant, did give, grant, and a&s;sign that Office, with all vails, fees, profits, and rewards to the &s;ame Of|fice pertaining and belonging to the &s;ame <HI>N.</HI> to hold, enjoy and exerci&s;e that Office,
<NOTE PLACE="marg">Sci&s;in of the Office.</NOTE> with all vails, <HI>&amp;c.</HI> for the term of the natu|rall life of the afore&s;aid <HI>N.</HI> by which the &s;aid <HI>N.</HI> into that Office then and there, in the &s;ame Court in the Common Bench, was &s;worn and admitted, and had exerci&s;ed that Office, and took the profits thereof to be taken, (that is to &s;ay) for one Writ of <HI>Capias,</HI> three pence, of <HI>T. W.</HI> again&s;t <HI>W. G.</HI> &amp;c. of a Plea of debt: And &s;o the &s;ame <HI>N.</HI> was of the afore&s;aid Office, with the Appurtenances, &s;eized in his Deme&s;ne as of Free-hold for the term of his life, according to the cu&s;tom afore&s;aid,
<NOTE PLACE="marg">The continu|ance of the A&s;&s;i&s;e.</NOTE> untill the afore&s;aid <HI>W. B.</HI> and <HI>J.</HI> unju&s;tly, and without Judgment, did di&s;&s;eize him the &s;aid <HI>N.</HI> And thereof he prayeth A&s;size: And it is to be known, that the Originall Writ of the A&s;size afore&s;aid was returnable, and is returned here in this &s;ame Term, (that is to &s;ay) &s;uch a day: And the afore&s;aid <HI>W. B.</HI> and <HI>J.</HI> by their Attorney came, upon which the A&s;size afore&s;aid is conti|nued here untill (&s;uch a day;) Therefore let the Sheriff then have the bodies of the Recognitors, <HI>&amp;c.</HI> And in the mean time, <HI>&amp;c.</HI> The &s;ame day, <HI>&amp;c.</HI> At which day here came as well the afore&s;aid Plaintiff, as the afore&s;aid Defendants, <HI>&amp;c.</HI> And hereupon the A&s;size afore&s;aid is further continued here untill &s;uch a day then next following, <HI>&amp;c.</HI> And the Sheriff is to di&s;train the Recognitors, <HI>&amp;c.</HI> by all their lands, <HI>&amp;c.</HI> And that of the I&s;&s;ues, <HI>&amp;c.</HI> So that he may have them here to make Recognizance of the A&s;size afore&s;aid: And in the mean time, <HI>&amp;c.</HI> and &s;o continued further as before. And the afore&s;aid <HI>W.</HI> and <HI>B.</HI> by their Attorney afore&s;aid, and the afore&s;aid <HI>J.</HI> in his proper per|&s;on came and &s;aith,
<NOTE PLACE="marg">Soie Tenanty.</NOTE> That he is, and the day of the obtaining, <HI>&amp;c.</HI> was &s;ole Tenant, <HI>&amp;c.</HI> And that no di&s;&s;ei&s;in is had, <HI>&amp;c.</HI> And this, <HI>&amp;c.</HI> Judgment of the Writ, <HI>&amp;c.</HI> Whereupon the Recognitors of that A&s;|&s;ize, &s;ome of them came, and &s;ome of them did not come, as it appears by the pannell, <HI>&amp;c.</HI> And &s;ome of the Recognitors were appearing (that is to &s;ay) <HI>T. B.</HI> and <HI>C. D.</HI> in the A&s;size afore&s;aid are &s;worn: And becau&s;e the re&s;idue of the Recognitors now appearing made no view, <HI>&amp;c.</HI> Therefore the A&s;size afore&s;aid doth further remain to be taken here, (&s;uch a day) and let the Sheriff then have the bodies of the Recognitors, <HI>&amp;c.</HI> The &s;ame day, <HI>&amp;c.</HI> and Judgment for the De|fendant, <HI>P.</HI> 1. and 2. of <HI>P.</HI> and <HI>M. Rot.</HI> 955.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<PB N="69" REF="37">
<HEAD>Appearance recorded.</HEAD>
<P><HI>Norf. &s;&s;.</HI> IT was commanded the Sheriff,
<NOTE PLACE="marg">An Appearance recorded.</NOTE> That he &s;hould take <HI>Richard J.</HI> of <HI>M.</HI> in the County of <HI>N.</HI> afore&s;aid, if, <HI>&amp;c.</HI> And him &s;afely, <HI>&amp;c.</HI> So that he might have his Body here at this day (that is to &s;ay) from the day of <HI>Ea&s;ter</HI> in fifteen days, to an&s;wer <HI>William H.</HI> of a Plea. That he render to him ten pounds, which, <HI>&amp;c.</HI> And now here at this day came the afore&s;aid <HI>R.</HI> in his proper Per&s;on, and &s;aith, That he and divers other Per&s;ons of his Friends, at his reque&s;t, by their Wri|ting Obligatory, &s;tand bound to the Sheriff of the County afore|&s;aid, That he &s;hould per&s;onally appear here at this day, to an&s;wer the afore&s;aid <HI>W. H.</HI> of the Plea afore&s;aid; and as well for his indemnity,
<NOTE PLACE="marg">Challenge.</NOTE> as for their &s;ecurity afore&s;aid, he prayeth, That his Appearance by the Ju&s;tices here at this day may be recorded, <HI>&amp;c.</HI> Whereupon the Appear|ance of the &s;aid <HI>Richard</HI> here at this day is recorded, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>AND hereupon the afore&s;aid <HI>Richard L.</HI>
<NOTE PLACE="marg">Elegit <HI>again&s;t a Sheriff awar|ded to the Co|roner. Challenge to the Sheriff, the writ directed to the Coroner.</HI></NOTE> choo&s;eth all the Goods and Chattels of the afore&s;aid <HI>William,</HI> except the Oxen and Geer of his Plough to be delivered to him: And likewi&s;e the moiety of all his Lands and Tenements in the County of <HI>N.</HI> according to the form of the Statute thereof publi&s;hed and provided, until he hath levyed the Debt and Damages afore&s;aid thereof: and further &s;aith, That the afore&s;aid <HI>W.</HI> is now Sheriff of the &s;aid County of <HI>N.</HI> and for that cau&s;e he prayeth the Writ of the Lady the Queen to be directed to the Coroners of the Lady the Queen, in the &s;ame County: And be|cau&s;e the afore&s;aid <HI>W.</HI> hath not denyed it, and the Allegation of the &s;aid <HI>Robert</HI> is found true of Record, as by the in&s;pection of the Re|turns on the back of the Writs of the &s;ame County here in the Files of the File of <HI>N.</HI> in this Term, remaining to the Ju&s;tices, here fully appeareth, it is granted to him returnable here, in eight days of Saint <HI>Michael,</HI> &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND hereupon the afore&s;aid <HI>R.</HI> &s;aith, That <HI>Thomas D.</HI>
<NOTE PLACE="marg">Challenge to the &V;nder-Sheriff.</NOTE> Gentle|man, is now Under-Sheriff of the County afore&s;aid, and that the afore&s;aid <HI>R. P.</HI> is Servant of him the &s;aid <HI>Thomas D.</HI> and hath of the &s;ame <HI>Thomas D.</HI> a yearly Sallary of thirteen &s;hillings and four pence, and a Livery: And for that cau&s;e he prayeth a Writ of the King, of cau&s;ing to come twelve, <HI>&amp;c.</HI> to be directed to the Sheriff of the County afore&s;aid, &s;o that the afore&s;aid <HI>T. D.</HI> his Under-Sheriff may intermeddle him&s;elf in nothing, <HI>&amp;c.</HI> And becau&s;e the afore&s;aid <HI>P.</HI>
<PB N="70" REF="38">hath not denyed this, it is granted to him, <HI>&amp;c.</HI> Therefore it is com|manded to the Sheriff, That he cau&s;e to come here twelve, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Covenant.</HEAD>
<P>B. <HI>Triggot</HI> to an&s;wer <HI>J. K.</HI> and <HI>J. B.</HI> of a Plea,
<NOTE PLACE="marg"><HI>An Action of Covenant brought upon the</HI> Haben|dum.</NOTE> That he hold Cove|nant to them between them made, according to the force, form, and effect of certain Indentures thereof between them made, &amp;c. And whereupon, &amp;c. (reciting the Indenture) as by the &s;ame Inden|ture more fully appeareth: And the &s;aid Plaintiff in Fact &s;aith, That the afore&s;aid Defendant, before the making of the Indenture afore|&s;aid, that is to &s;ay (&s;uch a day and year) at the City of <HI>York,</HI> did de|mi&s;e to one <HI>A. B.</HI> the afore&s;aid two Clo&s;es, with the Appurtenances, to hold to him from &s;uch a Fea&s;t, until the end of the term of ten years from thence next following, and fully to be compleat. And the &s;ame Plaintiffs further &s;ay, That they, after the afore&s;aid Fea&s;t of <HI>E.</HI> (that is to &s;ay) in the morrow of the &s;aid Fea&s;t, into the afore&s;aid two Clo|&s;es, with the Appurtenances (by vertue of the Demi&s;e afore&s;aid to them by the &s;aid Defendant in form afore&s;aid made) did enter, and were thereof po&s;&s;e&s;&s;ed; upon the po&s;&s;e&s;&s;ion of which &s;aid Plaintiffs thereof, the afore&s;aid <HI>A. B.</HI> afterwards (that is to &s;ay, &s;uch a day and year above&s;aid) into the &s;ame two Clo&s;es, with the Appurte|nances (claiming his term afore&s;aid by vertue of the Demi&s;e afore&s;aid, to the &s;aid <HI>A. B.</HI> in form afore&s;aid made) did enter, and did wholy expel and amove the &s;aid Plaintiffs thereof, and was, and yet is there|of po&s;&s;e&s;&s;ed, by which the &s;aid Plaintiffs could not have and hold the afore&s;aid two Clo&s;es, from the afore&s;aid Fea&s;t of <HI>E.</HI> which was in (&s;uch a year) according to the form and effect of the Indenture afore|&s;aid: And &s;o the afore&s;aid Defendant, although often required, hath not kept, but broken the Covenant afore&s;aid, in that that they the &s;aid Plaintiffs &s;hould have and hold to the &s;aid Plaintiffs the two Clo|&s;es afore&s;aid, from the afore&s;aid Fea&s;t of <HI>E.</HI> (in &s;uch a year afore&s;aid) until the end of the afore&s;aid term of ten years, according to the form and effect of that Indenture afore&s;aid, and hath denyed to hold the &s;ame to them, and yet doth deny: Whereupon they &s;ay, <HI>&amp;c. M.</HI> 19 and 20 <HI>Eliz. Rot.</HI> 1382.</P>
<DIV3 TYPE="subsection">
<P>J. <HI>Glover,</HI> late,
<NOTE PLACE="marg">An Action of Covenant to make further a&s;&s;urance.</NOTE> <HI>&amp;c.</HI> otherwi&s;e called, <HI>&amp;c.</HI> was &s;ummoned to an&s;wer <HI>E. M.</HI> of a Plea, That he hold Covenant to him between them made, according to the force, form, and effect of a certain Indenture thereof between them made, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>E.</HI> by <HI>T.G.</HI> his Attorney &s;aith, That whereas by a certain Indenture made at <HI>B.</HI>
<PB N="71" REF="38">&s;uch a day and year, between him the &s;aid Plaintiff of the one part, and the &s;aid <HI>J.</HI> of the other part, which other part, &s;igned with the Seal of the &s;ame <HI>J.</HI> the afore&s;aid <HI>E.</HI> bringeth here in Court, the date where|of is, the &s;ame day and year it is te&s;tified (reciting the whole Inden|ture) as by the &s;ame Indenture more fully appeareth: and the &s;aid Plaintiff &s;aith, That although he hath fulfilled and performed all and &s;ingular the Covenants and Grants in the Indenture afore&s;aid above &s;pecified, on his part to be fulfilled and kept, in fact the &s;ame <HI>E.</HI> &s;aith, That within the afore&s;aid &s;even years after the making of the Inden|ture afore&s;aid (that is to &s;ay) &s;uch a day and year, one <HI>T. D.</HI>
<NOTE PLACE="marg">Breach upon a Covenant for further a&s;&s;u|rance.</NOTE> then be|ing of the learned Coun&s;el of him the &s;aid <HI>E.</HI> at <HI>B.</HI> afore&s;aid, in the County afore&s;aid, did devi&s;e and cau&s;e to be written, for further a&s;&s;u|rance of the afore&s;aid Clo&s;e with the Appurtenances to be made to the &s;aid <HI>E.</HI> a certain Writing of Relea&s;e of the afore&s;aid Clo&s;e, with the Appurtenances, to be made to the &s;aid <HI>E.</HI> by the &s;aid <HI>J.</HI> in which &s;aid Writing it was contained, That the afore&s;aid <HI>J.</HI> &s;hould remi&s;e, relea&s;e, and always from him&s;elf and his Heirs quit claim to the &s;aid <HI>E.</HI> and his Heirs the whole Right, Title, and Claim which he had, or at any time from thence following might have of, and in the afore&s;aid Clo&s;e, with the Appurtenances; and the &s;ame <HI>E.</HI> afterwards the &s;ame day and year at <HI>C.</HI> afore&s;aid, did reque&s;t the afore&s;aid <HI>J.</HI> to &s;eal, and as his Deed to deliver to the &s;aid <HI>E.</HI> the afore&s;aid Writing of Relea&s;e in form afore|&s;aid devi&s;ed, and the afore&s;aid <HI>J.</HI> that to do then and there altogether refu&s;ed, again&s;t the form of the Indenture afore&s;aid, yet the &s;aid <HI>J.</HI> although often required, hath not held the Covenant afore&s;aid of that, That he the &s;aid <HI>J.</HI> and his Heirs, and all per&s;ons and their Heirs, claim|ing in or by the afore&s;aid <HI>J.</HI> at any time during the &s;pace of the afore|&s;aid &s;even years upon rea&s;onable demand thereof to them or any of them to be made, &s;hould make, and acknowledg, or cau&s;e to be made, or acknowledged, all and &s;ingular Act and Acts, thing and things, for the better and further a&s;&s;urance, and &s;ure making of the Premi&s;&s;es with the Appurtenances to the &s;aid <HI>E.</HI> and his A&s;&s;igns, as by learned Coun&s;el of him the &s;aid <HI>E.</HI> his Heirs or A&s;&s;igns, &s;hould be rea&s;onably devi&s;ed; but hath broken, and hitherto denyeth to hold that Cove|nant to the &s;aid <HI>E.</HI> and yet doth deny, whereupon he &s;aith, That he is damnified, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid <HI>J.</HI> defendeth the force, <HI>&amp;c.</HI> and &s;aith,
<NOTE PLACE="marg">I&s;&s;ue upon the Breach.</NOTE> That the afore&s;aid <HI>E.</HI> did not require him the &s;aid <HI>J.</HI> to &s;eal, and as his Deed to deliver to the afore&s;aid <HI>E.</HI> the afore&s;aid Writing of Relea&s;e for further a&s;&s;urance of the afore&s;aid Clo&s;e with the Appurtenances to the afore&s;aid <HI>E.</HI> to be made, as the afore&s;aid <HI>E.</HI> by his Declaration afore&s;aid above hath &s;uppo&s;ed: And of this, <HI>&amp;c. T.</HI> 18 <HI>Eliz. Rot.</HI> 1544.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="72" REF="39">
<P>W. <HI>Skipwith,</HI>
<NOTE PLACE="marg">Covenant by an Executor of a Le&s;&s;or again&s;t the A&s;signee of the Le&s;&s;ee for breaking two Covenants.</NOTE> late of <HI>L.</HI> Gent. A&s;&s;ignee of <HI>R. H.</HI> lately called, <HI>&amp;c.</HI> was &s;ummoned to an&s;wer <HI>William Plomer,</HI> Gent. and <HI>A. P.</HI> Executors of the Te&s;tament of <HI>W. P.</HI> of a Plea, That he hold Co|venant to them, made between the &s;aid <HI>R. R.</HI> and the afore&s;aid <HI>W. P.</HI> the Te&s;tator, according to the Force, Form, and Effect of certain In|dentures thereupon between them made, <HI>&amp;c.</HI> And whereupon, <HI>&amp;c.</HI> That whereas by a certain Indenture made at <HI>L.</HI> (&s;uch a day and year) between the afore&s;aid <HI>R.</HI> in his life-time of the one part, and the afore|&s;aid <HI>W. P.</HI> Te&s;tator, in his life-time of the other part, which other part, &s;igned with the Seal of the afore&s;aid <HI>R.</HI> the &s;aid Executors produce here in Court, the Date whereof is the &s;ame day and year it is witne&s;&s;ed, That whereas, <HI>&amp;c.</HI> (and &s;o recite the Indenture) as by the &s;ame Indenture more fully appeareth, by vertue of which Demi&s;e, the afore&s;aid <HI>W.</HI>
<NOTE PLACE="marg">The Entry.</NOTE> <HI>P.</HI> the Te&s;tator, into the Mannor and Tenements afore&s;aid, with the Appurtenances, immediately after the Fea&s;t of Saint <HI>Mich. the Archangel,</HI> did enter, and was thereof po&s;&s;e&s;&s;ed, and he being thereof &s;o po&s;&s;e&s;&s;ed, and the afore&s;aid <HI>R.</HI> being &s;eized of the Rever&s;ion of the Mannor and Tenements afore&s;aid, with the Appur|tenances, in his Deme&s;n as of Fee and Right, the &s;aid <HI>R.</HI> into the Mannor and Tenements afore&s;aid, with the Appurtenances, upon the Po&s;&s;e&s;&s;ion of the afore&s;aid <HI>W. P.</HI> Te&s;tator thereof did enter, and him from his Farm afore&s;aid thereof did expel and amove, and was thereof &s;eized in his Deme&s;n as of Fee: and being &s;o thereof &s;eized of the Mannor and Tenements afore&s;aid, with the Appurtenances, did enfeoff one <HI>R. C.</HI> and others, <HI>&amp;c.</HI> to hold to them and their Heirs for ever, to the u&s;e of the &s;aid <HI>R.</HI>
<NOTE PLACE="marg">Statute of u&s;es.</NOTE> and his Heirs of his Body i&s;&s;uing, and for want of &s;uch i&s;&s;ue, to the u&s;e of the afore&s;aid <HI>W. S.</HI> and the Heirs of his Body i&s;&s;uing: by vertue of which Feoffment, and by force of a certain Sta|tute in the Parliament of our Lord <HI>H.</HI> late King of <HI>England,</HI> holden at <HI>W.</HI> in the County of <HI>M.</HI> the fourth day of <HI>F.</HI> in the twenty &s;eventh year of his Reign, for transferring U&s;es into Po&s;&s;e&s;&s;ion, publi&s;hed, the afore|&s;aid <HI>R.</HI> was &s;eized of the Mannor and Tenements afore&s;aid, with the Appurtenances in his Deme&s;n as of Fee-tail (that is to &s;ay) to him and the Heirs of his Body i&s;&s;uing, the Remainder thereof, for want of &s;uch i&s;&s;ue, to the afore&s;aid <HI>W. S.</HI> and the Heirs of his Body in form afore&s;aid belonging; and the afore&s;aid <HI>R.</HI> being &s;o thereof &s;eized, the afore&s;aid <HI>W. P.</HI> the Te&s;tator, into the Mannor and Tenements afore&s;aid, with the Appurtenances, claiming his Term afore&s;aid upon the Po&s;&s;e&s;&s;ion of the afore&s;aid <HI>R.</HI>
<NOTE PLACE="marg">Le&s;&s;ee entered and claimed his Term.</NOTE> thereof did enter, by which he &s;aid <HI>W.</HI> was po&s;&s;e&s;&s;ed of the Mannor and Tenements afore&s;aid, as <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> his former E&s;tate, and the afore&s;aid <HI>R.</HI> was &s;eized of the Rever&s;ion of the &s;ame Mannor and Tenements in his Deme&s;n as of Fee-<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ail (that is to &s;ay) to him and the Heirs of his Body i&s;&s;uing, the Remainder afterwards, for want of
<PB N="73" REF="39">&s;uch i&s;&s;ue, to the afore&s;aid <HI>W. S.</HI> and the Heirs of his Body i&s;&s;uing, be|longing; and he the &s;aid <HI>W. P.</HI> &s;o thereof po&s;&s;e&s;&s;ed, and the afore|&s;aid <HI>R.</HI> of the Rever&s;ion afore&s;aid in form afore&s;aid being &s;eized, the &s;aid <HI>R.</HI> at <HI>D.</HI> dyed of &s;uch his E&s;tate thereof &s;eized, without Heirs of his Body i&s;&s;uing: By which the afore&s;aid <HI>W.</HI> was &s;eized of his &s;aid Remainder of the Mannor and Tenements afore&s;aid, with the Appur|tenances, in his Deme&s;n as of Fee tail, and he being &s;o thereof &s;eized, and the afore&s;aid <HI>W. P.</HI> Te&s;tator, of the Mannor and Tenements a|fore&s;aid, with the Appurtenances, in form afore&s;aid being po&s;&s;e&s;&s;ed, the &s;aid <HI>W.</HI> (&s;uch a day and year) at <HI>R.</HI> afore&s;aid, made his Te&s;tament, and did appoint and ordain them, the &s;aid <HI>W. P.</HI> now Plaintiff,
<NOTE PLACE="marg">The Le&s;&s;ee made his Will.</NOTE> and <HI>A.</HI> Executors of the &s;ame Te&s;tament, and afterwards there dyed, of the Mannor and Tenements afore&s;aid, with the Appurtenances, in form afore&s;aid po&s;&s;e&s;&s;ed. After who&s;e death, the &s;aid <HI>W. P.</HI> now Plain|tiff, and <HI>A.</HI> into the Mannor and Tenements afore&s;aid, with the Ap|purtenances, did enter, and were and yet are thereof po&s;&s;e&s;&s;ed, by vertue of the Te&s;tament afore&s;aid: And the &s;aid Executors &s;ay, That although the afore&s;aid <HI>W. P.</HI> Te&s;tator, in his life, and the &s;aid Execu|tors, after the death of the &s;aid <HI>W.</HI> Te&s;tator, have fulfilled, performed, and kept, all and &s;ingular the things in the Indenture afore&s;aid above &s;pecified, on their part to be fulfilled, performed, and kept, according to the form and effect of that Indenture. The &s;ame Executors in fact &s;ay, That our Lady the Queen,
<NOTE PLACE="marg">The fir&s;t breach for a Rent|charge.</NOTE> at the afore&s;aid time of the making of the &s;aid Demi&s;e, was, and yet is, &s;eized of a certain yearly Rent-charge of &s;ix Pounds thirteen &s;hillings and eight pence, i&s;&s;uing as well out of the Mannor and Tenements afore&s;aid, and yearly payable at the Fea&s;t of Saint <HI>Michael</HI> the <HI>Archangel,</HI> in the year, <HI>&amp;c.</HI> And becau&s;e nine|teen Pounds, <HI>&amp;c.</HI> for three years at the Fea&s;t of Saint <HI>Michael</HI> the <HI>A.</HI> in the year, <HI>&amp;c.</HI> to the &s;aid Lady the Queen, were behinde unpayd, the &s;ame Lady the Queen into one hundred Acres of Land, parcel of the a|fore&s;aid Mannor of <HI>R.</HI> by one <HI>J. H.</HI> her Bayliff did enter, and there did levy the &s;ame nineteen Pounds, <HI>&amp;c.</HI> by divers Di&s;tre&s;&s;es of the Goods and Chattels of the afore&s;aid <HI>W.P.</HI> the Te&s;tator, in his life. And further the &s;aid Executors &s;ay, That the afore&s;aid <HI>W. S.</HI> (&s;uch a day and year) into twenty four Acres of Land called the Neck-Clo&s;e, parcel of the afore&s;aid Mannor of <HI>R.</HI> above Demi&s;ed, upon the Po&s;&s;e&s;&s;ion of the a|fore&s;aid <HI>W.P.</HI> Te&s;tator, in the life of him the &s;aid <HI>W.</HI> did enter,
<NOTE PLACE="marg">The &s;econd, for that the Grantee of the Rever&s;ion entred upon the Te&s;tator in his life-time, and did expel him.</NOTE> and him from his Po&s;&s;e&s;&s;ion thereof did expel, amove, and hold out, and the &s;ame Executors from thence yet doth hold out; and &s;o the &s;aid Execu|tors &s;ay, That the afore&s;aid <HI>W. S.</HI> hath not held, but hath broken the Covenant afore&s;aid, of that, That the afore&s;aid <HI>R.</HI> his Heirs and A&s;&s;igns, would acquit and di&s;charge the afore&s;aid <HI>W. P.</HI> the Te&s;tator, his Exe|cutors, Admini&s;trators, and A&s;&s;igns, during the afore&s;aid term again&s;t the &s;aid Lady the Queen, her Heirs, Succe&s;&s;ors, and A&s;&s;igns,
<NOTE PLACE="marg">Fir&s;t Covenant.</NOTE> and a|gain&s;t the chief Lord or Lords of the Fee, of all Rents and other yearly
<PB N="74" REF="40">charges due, and to be demanded, i&s;&s;uing out of the afore&s;aid Mannor of <HI>R.</HI> and other the Premi&s;&s;es, with the Appurtenances, other then the afore&s;aid Rent of eighteen pounds thirteen &s;hillings and four pence to the &s;aid <HI>R.</HI> and his Heirs by the Indenture afore&s;aid re&s;erved, and of that,
<NOTE PLACE="marg">Second Cove|venant.</NOTE> That the afore&s;aid <HI>W. P.</HI> the Te&s;tator, his Executors and A&s;&s;igns &s;hould peaceably and quietly have, hold, occupy, and enjoy the afore|&s;aid Mannor, Hou&s;e, and Farm, and other the Premi&s;&s;es, with the Ap|purtenances, by the Indenture afore&s;aid demi&s;ed, except before except|ed, for, and during the &s;aid term of &s;eventy years, without Impedi|ment, Vexation, and Mole&s;tation of the afore&s;aid <HI>R.</HI> his Heirs and A&s;&s;igns, to the afore&s;aid <HI>W. P.</HI> Te&s;tator, in his life, and to the &s;ame Executors after the death of him the &s;aid <HI>VV.</HI> hath not held, but hath broken and denyed to hold them, and to the &s;aid Executors yet doth deny to hold the &s;ame, whereupon they &s;ay, That they are damnified, and have Damage to the value of, <HI>&amp;c.</HI> and thereupon they bring Suit, <HI>&amp;c.</HI> And they produce here in Court the Letters Te&s;tamenta|ry, <HI>&amp;c.</HI> by which it &s;ufficiently appeareth, <HI>&amp;c. M.</HI> 19 and 20 <HI>Eliz. Rot.</HI> 1272.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Debt.</HEAD>
<P>J. <HI>B.</HI>
<NOTE PLACE="marg">Vpon a verbal Demi&s;e for Rent behind and un|payd.</NOTE> was &s;ummoned to an&s;wer <HI>C. D.</HI> of a Plea, That he render him five and forty &s;hillings, which he ows him, and unju&s;tly detains, <HI>&amp;c.</HI> and thereupon the &s;aid Plaintiff by <HI>W.</HI> his Attorney &s;ays, That where|as the afore&s;aid Plaintiff (&s;uch a day, year, and place) did Demi&s;e to the Defendant one Me&s;&s;uage, with the Appurtenances, in <HI>C.</HI> afore&s;aid, to have and to occupy to him the &s;aid <HI>T.</HI> and his A&s;&s;igns, from the Fea&s;t of Saint <HI>P.</HI> and <HI>J.</HI> then next following, to the End and Term of three years from thence next following to be fully compleat and ended, rendering therefore yearly to him the &s;aid Plaintiff, and his A&s;&s;igns, ninety &s;hillings at the Fea&s;ts of Saint <HI>Michael the Arch-Angel,</HI> and the Annunciation of the ble&s;&s;ed <HI>Virgin Saint Mary,</HI> by equal portions to be payd, by vertue of which Demi&s;e, the afore&s;aid <HI>A.</HI> on the morrow after the &s;aid Fea&s;t of Saint <HI>Philip and Jacob the Apo&s;tles,</HI> into the Me&s;&s;uage afore&s;aid, with the Appurtenances, did enter, and was, and yet is, thereof po&s;&s;e&s;&s;ed; and five and forty &s;hil|lings of the Rent afore&s;aid, for half a year ending at the <HI>Fea&s;t of Saint Michael the Archangel,</HI> in the year, <HI>&amp;c.</HI> were behinde, and as yet re|main unpayd, by which an Action did accrue unto the Plaintiff, to re|quire and have of the Defendant the afore&s;aid five and forty &s;hillings, yet the afore&s;aid <HI>D.</HI> although often required, the afore&s;aid five and forty &s;hillings hath not, <HI>&amp;c.</HI> and thereupon he brings Suit.</P>
<DIV3 TYPE="subsection">
<PB N="75" REF="40">
<P><HI>Devon &s;&s;.</HI> R <HI>R.</HI> late of <HI>L. &amp;c.</HI> Executor of, <HI>&amp;c.</HI>
<NOTE PLACE="marg"><HI>A Declaration upon a Fill.</HI> Hil. 2 Car. Regis, <HI>Rot.</HI> 2589.</NOTE> was &s;ummoned to an&s;wer <HI>R. C.</HI> Gentleman, of a Plea, That he render him twenty Pounds by a Bill (dated &s;uch a day, and year, and place) for Payment of the afore&s;aid twenty Pounds upon the twenty ninth of <HI>September</HI> then next following, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R. R.</HI> by <HI>R. S.</HI> his Attorney,
<NOTE PLACE="marg">The Defendant pleads Goods delivered in &s;atisfaction of the Bill.</NOTE> comes and defends the Force and Injury, when, <HI>&amp;c.</HI> And &s;ays, That the afore&s;aid <HI>R. C.</HI> ought not to have his Action afore&s;aid again&s;t him, becau&s;e he &s;aith, That the afore&s;aid Te&s;tator in his life-time, upon the afore&s;aid twenty ninth day of <HI>September,</HI> in the Declaration afore&s;aid, above &s;pecified, at <HI>B.</HI> afore&s;aid, did give and deliver to the afore&s;aid <HI>R. C.</HI> &s;ix Cows, in full Payment and Satisfaction of the afore&s;aid twenty Pounds in the Declaration afore&s;aid above &s;pecified, which &s;aid &s;ix Cows, the afore|&s;aid <HI>R. C.</HI> in full Payment and Satisfaction of the afore&s;aid twenty Pounds of him the &s;aid Te&s;tator, he did then and there receive and accept: and this he is ready to aver, whereupon he prays Judgment, whether the afore&s;aid Plaintiff ought to have his Action afore&s;aid a|gain&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R. C.</HI> &s;ays, That he,
<NOTE PLACE="marg">The Plaintiff replies no &s;a|tisfaction.</NOTE> by any thing before alledg|ed, ought not to be debarred from having his Action afore&s;aid, be|cau&s;e he &s;aith, That the afore&s;aid Te&s;tator in his life-time did not give and deliver to the afore&s;aid <HI>R C.</HI> upon the afore&s;aid twenty ninth day of <HI>September,</HI> the afore&s;aid &s;ix Cows in full Payment and Sati&s;|faction of the afore&s;aid twenty Pounds in the Declaration afore&s;aid a|bove &s;pecified, as the afore&s;aid <HI>R. R.</HI> hath above alledged, and this he prays may be enquired of in the Country, and the afore&s;aid <HI>R. R.</HI> in like manner. Therefore Command is given to the Sheriff, That he cau&s;e to come twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. <HI>M.</HI> late of <HI>H.</HI> in the County afore&s;aid, Yeomen,
<NOTE PLACE="marg">Debt by an Ad|mini&s;tratrix for the arrears of an Annuity due to the Inte&s;tate.</NOTE> was &s;um|moned to an&s;wer <HI>W. T.</HI> and <HI>M.</HI> his Wife, Admini&s;tratrix of the Goods and Chattels which were of <HI>L. F.</HI> who dyed inte&s;tate, <HI>&amp;c.</HI> of a Plea, That he render them thirty &s;ix Pounds, which he unju&s;tly detains from them, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>W.</HI> and <HI>M.</HI> by <HI>J. L</HI> their Attorney, &s;ay, That whereas the afore&s;aid <HI>L.</HI> late Vicar of the Vicarage of the Pari&s;h Church of <HI>H.</HI> in the County afore|&s;aid, was &s;eized of the Vicarage of the Church afore&s;aid, in his Deme&s;n as of Fee, in the Right of his Vicarage afore&s;aid: And whereas the &s;ame <HI>L.</HI> and all his Predece&s;&s;ors, Vicars of the Vicarage afore&s;aid, for the time being, time out of minde have been &s;eized of a certain Annuity, or annual Rent of &s;ix Pounds, i&s;&s;uing out of the Rectory of <HI>H.</HI> afore&s;aid, in their Deme&s;n as of Fee, in Right of their
<PB N="76" REF="41">Vicarage afore&s;aid, by the Hands of the Rectors of the Rectory of <HI>H.</HI> afore&s;aid, or their Farmers thereof for the time being, yearly at the Fea&s;t of the Annunciation of our ble&s;&s;ed Virgin <HI>Mary,</HI> and Saint <HI>Mi|chael</HI> the Archangel, by equal Portions to be payd: And the afore&s;aid thirty &s;ix Pounds of the Annuity, or annual Rent afore&s;aid, for &s;ix whole years, ended at the Fea&s;t of the Annunciation of the ble&s;&s;ed Vir|gin <HI>Mary,</HI> in the thirtieth year of the Reign of the Queen that now is, to the afore&s;aid <HI>L.</HI> late Vicar of the Vicarage afore&s;aid, by the whole Term of the afore&s;aid &s;ix years, in his life time being in arrear, by which an Action accrued to the afore&s;aid <HI>L.</HI> in his life-time, to re|quire and have of the afore&s;aid <HI>J.</HI> (by the whole Term afore&s;aid, and as yet Farmer of the Rectory afore&s;aid being) the afore&s;aid thirty &s;ix Pounds; yet the afore&s;aid <HI>J.</HI> although often required, the afore&s;aid thirty &s;ix Pounds to the afore&s;aid <HI>L.</HI> in his life time, or to the &s;ame <HI>M.</HI> after the death of him the &s;aid <HI>L.</HI> while&s;t. &s;he was <HI>Sole,</HI> to whom the Admini&s;tration of all the Goods and Chattels, which were the afore|&s;aid <HI>L.</HI> at the time of his death, by <HI>R. R.</HI> Doctor of Law, <HI>&amp;c.</HI> (&s;uch a day, and year, and place) after the death of him the &s;aid <HI>L.</HI> was committed, or to them the &s;aid <HI>W.</HI> and <HI>M.</HI> after E&s;pou&s;als between them celebrated, hath not rendered, but the &s;ame to them to render hath denyed, and the &s;ame to them the &s;aid <HI>W.</HI> and <HI>M.</HI> as yet to render doth deny, and unju&s;tly detain, whereupon they &s;ay, They are damnified, and have Damage to the value of forty Pounds, and thereupon they bring their Action, <HI>&amp;c.</HI> And they bring here into Court the Letters of Admini&s;tration, <HI>&amp;c.</HI> To this the Defendant pleads, <HI>Non detinet.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>North &s;&s;.</HI>
<NOTE PLACE="marg"><HI>Debt for a Cu|rate for his Salary.</HI> Hil. 14 Jac. <HI>rot.</HI> 1963.</NOTE> R. <HI>B.</HI> lately of, <HI>&amp;c.</HI> Clerk, was &s;ummoned to an&s;wer <HI>R. H.</HI> Clerk, of a Plea, That he render him twenty Pounds, which he ows him, and unju&s;tly detains, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>R. B.</HI> by <HI>T. O.</HI> his Attorney, &s;ays, That whereas the afore&s;aid <HI>R B.</HI> (&s;uch a day, year, and place) did retain him the &s;aid <HI>R. H.</HI> then being Deacon in holy Orders, to be the Curate of him the &s;aid <HI>R. B.</HI> in the Pari&s;h Church of <HI>A.</HI> the &s;ame <HI>R. B.</HI> then and as yet being Rector of the Pari&s;h Church afore&s;aid, to &s;erve, and further to do and exe|cute all and &s;ingular things, which unto the Office of &s;uch Curate of a Church ought to be done and performed, in the &s;ame Church (from the &s;aid day and year) for one whole year then next following, taking of the afore&s;aid <HI>R. B.</HI> for his Salary for that time, twenty Pounds, to be payd to him the &s;aid <HI>R. H.</HI> when he &s;hould be there|unto required: By vertue of which retainer, the &s;aid <HI>R. H.</HI> continued the Curate of the afore&s;aid <HI>R. B.</HI> in the Church afore&s;aid, in form afore&s;aid, by the time afore&s;aid, and did well and faithfully perform and execute all and &s;ingular the things, which unto the Office of a
<PB N="77" REF="41">Curate in the Church afore&s;aid did belong, by which the Action did ac|crue to him the &s;aid <HI>R. H.</HI> to require and have of the afore&s;aid <HI>R. B.</HI> the &s;aid twenty pounds; yet the afore&s;aid <HI>R. B.</HI> although often re|quired, the afore&s;aid twenty pounds to him the &s;aid <HI>R. H.</HI> he hath not rendred, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>E. <HI>P.</HI> lately of <HI>R.</HI> in the County of <HI>H.</HI> Innholder,
<NOTE PLACE="marg">Trin. 20 <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">acobi. Roll 3115. <HI>A Declaration <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> on a Bill, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">|t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">er to pay mo|ney, or do an act at his return <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> &s;u<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">h a <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word">.</HI></NOTE> otherwi&s;e called <HI>E. P.</HI> of <HI>R.</HI> in the County of <HI>H. J</HI> was &s;ummoned to an&s;wer un|to <HI>R. W.</HI> of a Plea, that he render him ten pounds which he oweth him, and unju&s;tly detains, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>R.</HI> by <HI>J. W.</HI> his Attorney, &s;ays, That whereas the afore&s;aid <HI>E.</HI> (&s;uch a day, year, and place) by his certain Bill Obligatory, which he the &s;aid <HI>R.</HI> with the Seal of him the &s;aid <HI>E.</HI> &s;igned here in Court produces, who&s;e date is the &s;ame day and year, did acknowledge him&s;elf to have received of the &s;aid <HI>R.</HI> by the name of M^r^. <HI>We&s;tley</HI> of <HI>R.</HI> in the County of <HI>Cam|bridge,</HI> Maul<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;ter, the Great Seal of our Lord the King, of the Rever|&s;ion of the Office of the <HI>Po&s;t-ma&s;ter</HI> of <HI>Ferribridge:</HI> And at that time was going unto <HI>London,</HI> and at the return of him the &s;aid <HI>E.</HI> was to deliver to him the &s;aid <HI>R.</HI> ten pounds, or the afore&s;aid Great Seal of the &s;ame Office of <HI>Po&s;t ma&s;ter,</HI> and unto the &s;ame payment or delivery afore&s;aid, in form afore&s;aid to be performed, the afore&s;aid <HI>E.</HI> did binde him&s;elf by the &s;ame Bill: And he the &s;aid <HI>R.</HI> in fact, &s;aith, That the afore&s;aid <HI>E.</HI> after the making of the Bill afore&s;aid, and before the day of the i&s;&s;uing forth of the originall Writ of him the &s;aid <HI>R. to wit,</HI> (&s;uch a day and year) afore&s;aid, he returned from <HI>London</HI> afore&s;aid, and came to <HI>R.</HI> afore&s;aid, in the afore&s;aid County of <HI>A.</HI> and that the afore&s;aid <HI>E.</HI> did not then pay to him the &s;aid <HI>R.</HI> the afore&s;aid ten pounds, nor did then deliver unto him the &s;aid <HI>R.</HI> the afore&s;aid broad Seal of our Lord the King, for the Rever&s;ion of the <HI>Po&s;t-ma&s;ter</HI> afore&s;aid, by which the Action did accrue to him the &s;aid <HI>R.</HI> to require and have of him the &s;aid <HI>E.</HI> the &s;ame ten pounds, yet the afore&s;aid <HI>E.</HI> although often de|manded the afore&s;aid ten pounds to him the &s;aid <HI>R.</HI> he hath not rendred, but the &s;ame to him hitherto to render hath denied, and as yet doth de|ny, whereupon he &s;aith, that he is damnified, and hath damage to the value of ten pounds, and thereupon he brings his Action, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>HIllary</HI> 22 <HI>Jacobs Regis,</HI> 2002. El&s;ewhere,
<NOTE PLACE="marg"><HI>A Declaration upon a</HI> Scire fac. <HI>again&s;t the H<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">i<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> and Ter-Tenan<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</HI></NOTE> as it appears in the Term of Saint <HI>Hillary,</HI> in the eighteenth year of the Reign of our Lord the King of <HI>England, Rot.</HI> 832. It is thus contained: Command was given to the Sheriff, whereas <HI>R. P.</HI> lately in the Court of our Lord the King, <HI>to wit,</HI> the twentie third day of <HI>January,</HI> in the ninth year of the Reign that now is, before <HI>Edward Coke,</HI> Knight, and his compa|nions, then Ju&s;tices of our &s;aid Lord the King, of His Bench here, <HI>to wit,</HI>
<PB N="78" REF="42">at <HI>We&s;tmin&s;ter</HI> by con&s;ideration of the &s;ame Court, did recover again&s;t <HI>J. L.</HI> lately of, <HI>&amp;c.</HI> as well a certain Debt of fourty pounds, as &s;ixty three &s;hillings and four pence, which to him the &s;aid <HI>R.</HI> in the &s;ame Court of the &s;aid Lord the King here, were adjudged for his damages, which he had by rea&s;on of the detaining of the &s;ame Debt whereof he is convicted, as by the Record and proceedings thereof in the &s;ame Court of our &s;aid Lord the King here remaining, it manife&s;tly appears, notwith&s;tanding Execution of the Judgment a fore&s;aid, as yet remains to be done; and the afore&s;aid <HI>J.</HI> after the Judgment afore&s;aid rendred, is dead, as by information of the afore&s;aid <HI>R.</HI> the King received, <HI>&amp;c.</HI> And becau&s;e, <HI>&amp;c.</HI> that by hone&s;t, <HI>&amp;c.</HI> he cau&s;e to be made known unto <HI>F. L.</HI> the next Co&s;in and Heir of the afore&s;aid <HI>J.</HI> and to the now Tenants of all the Lands and Tenements which were of the afore&s;aid <HI>J.</HI> in Fee-&s;imple, the afore&s;aid twenty third day of <HI>January,</HI> in the ninth year afore&s;aid, on which day the Judgment afore&s;aid was had, that they be here at this day, <HI>to wit,</HI> in eight days of Saint <HI>Hillary,</HI> to &s;hew if any thing, <HI>&amp;c.</HI> wherefore the debt and damages afore&s;aid, of the Lands and Tenements, which were the afore&s;aid <HI>J.</HI> in Fee-&s;imple, the afore&s;aid twenty third day of <HI>January,</HI> in the ninth year afore&s;aid, in his Ba<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">liwick, in the &s;eizin of him the &s;aid <HI>Francis,</HI> ought not to be levied and rendred to the afore&s;aid <HI>R.</HI> according to the form of the Recovery afore&s;aid, if, <HI>&amp;c.</HI> And now here, at this day, <HI>to wit,</HI> at the afore&s;aid eight days of Saint <HI>Hillary,</HI> came as well the afore&s;aid <HI>R.</HI> by <HI>B. L.</HI> his Attorney, as the afore&s;aid <HI>F.</HI> by <HI>J. P.</HI> his Attorney, and the Sheriff, <HI>to wit, R. M.</HI> Knight, now returneth, that he by vertue of the Writ afore&s;aid to him directed, by <HI>J. W.</HI> and <HI>J. G.</HI> hone&s;t, <HI>&amp;c.</HI> did make known unto the abovenamed <HI>F.</HI> next Co&s;in and Heir of the afore&s;aid <HI>L.</HI> and the now Tenant of one Me&s;&s;uage, fourty acres of Land, twentie acres of Meadow, and fourtie acres of Pa&s;ture, <HI>&amp;c.</HI> in <HI>B.</HI> in the County afore|&s;aid, to be before the Ju&s;tices of our &s;aid Lord the King, at the day and place above contained, to &s;hew as by that Writ in it required. And hereupon the afore&s;aid <HI>R.</HI> prays Execution again&s;t the &s;aid <HI>F.</HI> of the debt and damages afore&s;aid, of the Lands and Tenements which were of the afore&s;aid <HI>I.</HI> in Fee-&s;imple, the afore&s;aid twenty third day of <HI>la|nuary,</HI> in the ninth year afore&s;aid, in the &s;eizin of him the &s;aid <HI>F.</HI> to be levied, and to the a fore&s;aid <HI>R.</HI> to be rendred; according to the form of the Recovery afore&s;aid; And the afore&s;aid <HI>F.</HI> prays licen&s;e of im|parling here, untill fifteen days of <HI>Ea&s;ter,</HI> and he hath it, <HI>&amp;c.</HI> The &s;ame day is given to the afore&s;aid <HI>R.</HI> here, <HI>&amp;c.</HI> At which day here come as well the afore&s;aid <HI>R.</HI> as the afore&s;aid <HI>F.</HI> by their Attor|ney afore&s;aid: And upon this the &s;aid <HI>F</HI> further prays licen&s;e of imparling therein here untill the morrow of the holy <HI>Trinity,</HI> and he hath it, <HI>&amp;c.</HI> The &s;ame day is given to the afore&s;aid <HI>R.</HI> here, <HI>&amp;c.</HI> At which day here come as well the afore&s;aid <HI>R.</HI> as the afore&s;aid <HI>F.</HI> by their Attorneys afore&s;aid: And upon this the &s;aid <HI>F.</HI> further prayeth
<PB N="79" REF="42">licen&s;e of imparling herein, unto eight days of Saint <HI>Michael,</HI> and he hath it; the &s;ame day is given to the afore&s;aid <HI>R.</HI> here, <HI>&amp;c.</HI> at which day, <HI>&amp;c.</HI> (and &s;o continue it over five Terms further) and upon this the afore&s;aid <HI>R.</HI> as above prays Execution again&s;t the &s;aid <HI>F.</HI> of the debt and damages afore&s;aid, in form afore&s;aid to he adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>F.</HI>
<NOTE PLACE="marg"><HI>Judgment by</HI> Nihil dicit.</NOTE> &s;ays nothing in retarding of the Execution of the Judgement afore&s;aid, by which the &s;ame <HI>R.</HI> remaineth again&s;t the &s;aid <HI>F.</HI> thereof undefended, therefore it is con&s;idered, that the afore|&s;aid <HI>R.</HI> have Execution again&s;t the afore&s;aid <HI>F.</HI> of the Debt and da|mages afore&s;aid, of the Lands and Tenements which were the afore&s;aid <HI>J.</HI> in Fee &s;imple, the afore&s;aid twenty third day of <HI>January,</HI>
<NOTE PLACE="marg">Elegit <HI>award|ed.</HI></NOTE> in the ninth year afore&s;aid, in the &s;eizin of him the &s;aid <HI>F.</HI> to be levied, and to the afore&s;aid <HI>R.</HI> to be rendred, according to the form of the Recovery afore&s;aid, <HI>&amp;c.</HI> And upon this the afore&s;aid <HI>R.</HI> by the Statute, <HI>&amp;c.</HI> choo&s;eth to have delivered unto him the moyetie of all the Lands and Tenements afore&s;aid, to hold as his Free-hold to him and his A&s;&s;igns, according to the form of the Statute afore&s;aid, untill the Debt and damages afore&s;aid &s;hall thereof be levied, and prayeth the Writ of our &s;aid Lord the King, thereupon to be directed to the Sheriff of the Coun|ty afore&s;aid, and it is granted unto him returnable here in one Month after <HI>Easter,</HI> &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>COmmand was given to the Sheriff, Whereas <HI>T. W.</HI>
<NOTE PLACE="marg"><HI>A Declaration on a</HI> Scire fac. <HI>again&s;t Ter-Te|nants, and a Judgement thereon, and Execution a|warded,</HI> Hill. 26 Jacobi Rot. 2948.</NOTE> lately in the Court of our Lord the King that now is, <HI>to wit,</HI> in the Term of Saint <HI>Hillary,</HI> in the nineteenth year of the Kings Reign that now is, before <HI>H. Hobart,</HI> Knight and Baronet, <HI>&amp;c.</HI> by the con&s;ideration of the &s;ame Court, did recover again&s;t <HI>T. P.</HI> lately of, <HI>&amp;c.</HI> otherwi&s;e called <HI>T. P.</HI> &amp;c. as well a certain Debt of twenty pounds, as fifty &s;hillings, which to him the &s;aid <HI>T. W.</HI> in the &s;ame Court of our &s;aid Lord the King here, were adjudged for his damages, which he had by rea&s;on of the detaining of the &s;ame Debt whereof he was convicted, as by the <HI>Record</HI> and <HI>Proces,</HI> &amp;c. Yet Execution, <HI>&amp;c.</HI> And the afore|&s;aid <HI>T. P.</HI> is dead, as by the information of the afore&s;aid <HI>T. W.</HI> the King hath received: And becau&s;e, <HI>&amp;c.</HI> That by hone&s;t men, <HI>&amp;c.</HI> he cau&s;e to be made known unto the Tenants of the Lands and Tene|ments, of which the afore&s;aid <HI>T. P.</HI> was &s;eized in Fee-&s;imple, in eight days of Saint <HI>Hillary,</HI> in the ninteenth year afore&s;aid, <HI>&amp;c.</HI> On which day the Judgment afore&s;aid was rendred, or at any time after in his Bailiwick, that they be here at this day, <HI>to wit,</HI> in eight days of Saint <HI>Hillary,</HI> to &s;hew if any thing, <HI>&amp;c.</HI> Wherefore the afore&s;aid <HI>T. W.</HI> ought not to have Execution again&s;t them of the Debt and damages afore&s;aid, of the Tenements afore&s;aid, with the Appurtenances, to be levied according to the form of the Recovery afore&s;aid, if, <HI>&amp;c.</HI> And now here, at this day, came as well the afore&s;aid <HI>T. W.</HI> by <HI>R. B.</HI> his
<PB N="80" REF="43">Attorney, as <HI>R. P.</HI> Son and Heir of the afore&s;aid <HI>T. P.</HI> by <HI>A. Laugh|ton</HI> his Attorney: And the Sheriff, <HI>to wit, J. W.</HI> Knight, now returns, That he by vertue of the &s;ame Writ, to him directed, by <HI>T. S.</HI> and <HI>W. S.</HI> hone&s;t men, <HI>&amp;c.</HI> hath made known to the &s;aid <HI>R. P.</HI> Tenant of one Me&s;&s;uage, <HI>&amp;c.</HI> with the Appurtenances, in <HI>B.</HI> in the County afore&s;aid; which &s;aid Tenements, with the Appurtenances, were the afore&s;aid <HI>T. P.</HI> of which the &s;ame <HI>T. P.</HI> was &s;eized in his Deme&s;ne as of Fee-&s;imple, in eight days of Saint <HI>Hillary,</HI> in the ninteenth year afore&s;aid, on which day the Judgment was rendred as afore&s;aid, for the Debt and damages afore&s;aid, to be here at this day, to &s;hew in form afore&s;aid, <HI>&amp;c.</HI> And upon this, the &s;aid <HI>T. W.</HI> prayeth Executi|on again&s;t him the &s;aid <HI>R. P.</HI> of the Debt and damages afore&s;aid, of the Lands and Tenements afore&s;aid, with the Appurtenances, to be ad|judged unto him, and prays, that the afore&s;aid <HI>R.</HI> may an&s;wer to the Writ afore&s;aid, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R.</HI>
<NOTE PLACE="marg">Nihil dicit.</NOTE> &s;ays nothing in retarding or debarring of the afore&s;aid Execution of the afore&s;aid <HI>T. W.</HI> by which he the &s;aid <HI>T. W.</HI> remaineth again&s;t the &s;aid <HI>R.</HI> thereupon undefended. Therefore it is con&s;idered, that the afore&s;aid <HI>T. W.</HI> have Execution again&s;t the &s;aid <HI>T. R.</HI> of the Debt and damages afore&s;aid, of the Lands and Tene|ments afore&s;aid, with the Appurtenances, whereof the &s;aid <HI>R.</HI> in form afore&s;aid is returned Tenant, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>IF. lately of,
<NOTE PLACE="marg">Debt upon a Retainder for Coun&s;ell.</NOTE> <HI>&amp;c.</HI> was &s;ummoned to an&s;wer <HI>R. L.</HI> of a Plea, that he render him fourty &s;hillings which he oweth him, and unju&s;tly de|tains, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>R. L.</HI> in his proper per&s;on &s;ays, That whereas the afore&s;aid <HI>J.</HI> (&s;uch a day, year, and place) did retain him the &s;aid <HI>R.</HI> to be of his Coun&s;ell, as well in all matters and acti|ons of his at the Suit of any per&s;ons what&s;oever again&s;t him pro&s;e|cuted, or to be pro&s;ecuted; as al&s;o by him again&s;t any other per&s;ons pro&s;ecuted, or to be pro&s;ecuted, taking for his Salary, for every year &s;ix &s;hillings eight pence: and the afore&s;aid <HI>R.</HI> &s;ays, That by vertue of the Retainder afore&s;aid, from the &s;aid day and year afore&s;aid, he con|tinued with the afore&s;aid <HI>J. F.</HI> of his Coun&s;ell for five years then next following, and three and thirty &s;hillings and four pence of the &s;aid fourty &s;hillings to him the &s;aid <HI>R.</HI> for his Salary by the time afore&s;aid remain in arrear, by which the Action accrued to him the &s;aid <HI>R.</HI> to require and have of him the &s;aid <HI>J.</HI> the afore&s;aid thirty three &s;hillings and four pence;
<NOTE PLACE="marg"><HI>And</HI> Mutuat. <HI>for the re&s;id<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e.</HI></NOTE> and al&s;o whereas the afore&s;aid <HI>J.</HI> &s;uch a day, year, and place, did borrow of the afore&s;aid <HI>R,</HI> &s;ix &s;hillings and eight pence, re&s;idue, of the afore&s;aid fourty &s;hillings, to be paid to him the &s;aid <HI>R.</HI> when he &s;hould be thereunto required; yet the afore&s;aid <HI>J.</HI> although often required, the afore&s;aid fourty &s;hillings to him the &s;aid <HI>R.</HI> he hath not rendred, and the &s;ame to him hitherto to render hath denied, and as
<PB N="81" REF="43">yet doth deny. Whereupon he &s;aith. That he is damnified, and hath damage to the value of ten pounds; and thereupon he brings his Action, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>W. <HI>B.</HI> lately of, <HI>&amp;c.</HI> was &s;ummoned to an&s;wer <HI>E. L.</HI> of a Plea,
<NOTE PLACE="marg">Debt upon a Retainder to carry goods.</NOTE> that he render him eight pounds &s;ix &s;hillings and eight pence, which he oweth him, and unju&s;tly detains, &amp;c. And whereupon the &s;ame <HI>E. L.</HI> by <HI>T. B.</HI> his Attorney &s;ays, That whereas the afore&s;aid <HI>W.</HI> (&s;uch a day, year, and place) did retain the &s;ame <HI>E.</HI> to fetch and carry away for him the &s;aid Defendant five Cart loads of Hou&s;hold-&s;tuff, from the Town of <HI>A.</HI> in the County afore&s;aid, unto the Village of <HI>J.</HI> in the &s;ame County, taking thereof of him the &s;aid <HI>W.</HI> for his labour and wages in that he half, thirty three &s;hillings and four pence for each load of the &s;aid Hou&s;hold &s;tuff, which he &s;hould fetch and carry away, as afore&s;aid; by vertue of which retainder, the &s;aid Plaintiff afterwards, (that is to &s;ay) &s;uch a day and year afore&s;aid, did fetch and carry from the &s;aid Town of <HI>A.</HI> unto the afore&s;aid Town of <HI>&V;.</HI> for the afore&s;aid Defen|dant, the afore&s;aid five Cart-loads of Hou&s;hold-&s;tuff, by which the acti|on did accrue unto him the &s;aid <HI>E.</HI> to require and have of him the &s;aid <HI>W.</HI> the afore&s;aid eight pounds &s;ix &s;hillings and eight pence, yet the afore&s;aid <HI>W.</HI> although often required the afore&s;aid eight pounds &s;ix &s;hillings and eight pence to him the &s;aid <HI>E.</HI> he hath not rendred, but the &s;ame to him hitherto to render, he hath denied, and as yet doth de|ny, whereupon he &s;aith, that he is damnified, and hath damage to the value of ten pounds, and thereupon he brings his Action.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>R. <HI>R.</HI> Gentleman, <HI>&amp;c.</HI> was &s;ummoned to an&s;wer <HI>R. M.</HI> of a Plea,
<NOTE PLACE="marg">Debt upon a Bill.</NOTE> that he render him fourteen pounds which he oweth and un|ju&s;tly detains, <HI>&amp;c.</HI> And thereupon the afore&s;aid <HI>R. M.</HI> by <HI>H. L.</HI> his Attorney, &s;ays; that whereas the afore&s;aid <HI>R. R.</HI> &s;uch a day and year) at <HI>S.</HI> by his certain Bill Obligatory, wich he the &s;aid <HI>R. M.</HI> with the Seal of the afor&s;aid <HI>R. R</HI> &s;igned here brings into Court, who&s;e date is the &s;ame day and year, did acknowledge him&s;elf to owe to the afore|&s;aid <HI>R. M.</HI> the afore&s;aid fourteen pounds, to be paid unto him the &s;aid <HI>R. M.</HI> his Executors, Admini&s;trators, or A&s;&s;igns, in or upon (&s;uch a day then next following the date of the &s;ame Bill;) and to the &s;ame payment, well and faithfully to be made, the afore&s;aid <HI>R. R.</HI> did obliege his Heirs and Executors by the &s;aid Bill, notwith&s;tanding the afore&s;aid <HI>R. R.</HI> although often demanded the afore&s;aid fourteen pounds to the &s;ame <HI>R. M.</HI> he hath not as yet rendred it, but the &s;ame hitherto hath denied to pay, and as yet denieth, whereupon he &s;aith, that he is damnified, and hath damage to the value of ten pounds and thereupon he brings his Action, <HI>&amp;c.</HI></P>
<PB N="82" REF="44">
<P>And the afore&s;aid <HI>R. R.</HI> in his proper per&s;on,
<NOTE PLACE="marg">The Defendant pleads, that through threats he &s;ealed the Bill.</NOTE> comes and defends the force and injury, when, <HI>&amp;c.</HI> and &s;ays, That the afore&s;aid <HI>R. M:</HI> ought not to have his Action afore&s;aid again&s;t him, becau&s;e he &s;aith, that the afore&s;aid <HI>R. M.</HI> at the time of the making of the &s;ame Bill, at <HI>W.</HI> afore&s;aid, did impo&s;e upon him the &s;aid <HI>R. R.</HI> &s;uch and &s;o great threats of his life, and of maim of his members to be brought upon him, unle&s;&s;e the &s;aid <HI>R. R</HI> would make and &s;eal the afore&s;aid Bill to the afore&s;aid <HI>R. M.</HI> (at &s;uch a place) That he the &s;aid <HI>R. R.</HI> for fear of tho&s;e threats, the afore&s;aid Bill to the &s;aid <HI>R. M.</HI> did then and there make: and this he is ready to aver, whereupon he demands Judgment, whether the &s;aid <HI>R. M.</HI> ought to have his Action again&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R. M.</HI> &s;ays, That he, by any thing before alledged, ought not to be debarred from having his Action afore&s;aid, becau&s;e he &s;aith, that the afore&s;aid <HI>R. R.</HI> at the time of the making of the &s;aid Bill, was of his own right at large, and the &s;ame Bill of his own meer and voluntary will, to the &s;ame <HI>R. M.</HI> did make, and not for fear of threats, as the afore&s;aid <HI>R. R.</HI> hath above alledged: And this he prays may he inquired of by the Countrey: And the afore&s;aid <HI>R. R.</HI> in like manner: Thereupon command is given to the Sheriff, that he cau&s;e to come twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>T <HI>P.</HI>
<NOTE PLACE="marg">Deot upon an <GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">igation by <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n Execu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">rix.</NOTE> late of <HI>W.</HI> in the County of <HI>L.</HI> Yeoman, otherwi&s;e called <HI>T. P.</HI> was &s;ummoned to an&s;wer <HI>J. S.</HI> Widow, Executrix of the Te&s;tament of <HI>N. S.</HI> &amp;c. of a Plea, that he render her thirty pounds, which from her he unju&s;tly detains, <HI>&amp;c.</HI> And whereupon the afore&s;aid <HI>J.</HI> by <HI>W. B.</HI> her Attorney, &s;ays, That whereas the afore&s;aid <HI>T.</HI> (&s;uch a day and year) at <HI>W.</HI> by his certain Writing Obligatory, did acknow|ledge him&s;elf to be bounden to the afore&s;aid <HI>N. S.</HI> in his life-time in the afore&s;aid thirty pounds, to be paid to him the &s;aid <HI>N.</HI> when he &s;hould be thereunto required: Yet the afore&s;aid <HI>T.</HI> although often re|quired the afore&s;aid thirty pounds, to the &s;ame <HI>N.</HI> in his life-time, or to the &s;ame <HI>J.</HI> after the death of the &s;ame <HI>N.</HI> hath not rendred, but the &s;ame to render to them hath denied, and the &s;ame to the &s;aid <HI>J.</HI> as yet to render doth deny, and unju&s;tly detain, whereupon he &s;aith, That he is damnified, and hath damage to the value of ten pounds, and thereupon &s;he brings her Action: And &s;he brings here into Court, as well the afore&s;aid Writing, which witne&s;&s;eth the debt afore&s;aid, in form afore|&s;aid, who&s;e date is the day and year afore&s;aid; as the Letters Te&s;ta|mentary of the afore&s;aid <HI>N.</HI> by which it is &s;ufficiently manife&s;t to the Court here the afore&s;aid <HI>J.</HI> to be Executrix of the &s;ame <HI>N.</HI> of his Te&s;ta|ment afore&s;aid, and thereof to have Admini&s;tration, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T. P.</HI>
<NOTE PLACE="marg">Condition per|formed.</NOTE> by <HI>L. S.</HI> his Attorney comes and defends the force and injury when, <HI>&amp;c.</HI> and prays the hearing of the Writing afore&s;aid, and it is read unto him; he prays al&s;o the hearing of the In|dor&s;ment
<PB N="83" REF="44">of the &s;ame Writing, and it is read unto him in the&s;e words: The Condition of this Obligation is &s;uch, That if the within bounden, <HI>T. P.</HI> his Heirs, Executors, Admini&s;trators, or A&s;&s;igns, do well and truly content and pay, or cau&s;e to be contented and paid unto the with|in named, <HI>N. S.</HI> his Heirs, Executors, or A&s;&s;igns, twenty pounds, of good and lawfull <HI>Engli&s;h</HI> money, and one weigh of gray Salt, at <HI>Chri&s;t|ma&s;s</HI> next after the date hereof, that then, <HI>&amp;c.</HI> Which being read and heard, the afore&s;aid <HI>T.</HI> &s;ays, That the afore&s;aid <HI>J.</HI> ought not to have her Action afore&s;aid again&s;t him, becau&s;e he &s;aith, That he payed the afore&s;aid <HI>N.</HI> in his life-time, the afore&s;aid twenty pounds, and deli|vered the afore&s;aid <HI>N.</HI> in his life-time, the afore&s;aid weigh of gray Salt at the Fea&s;t afore&s;aid, of the birth of our Lord, in the indor&s;ment afore&s;aid, above &s;pecified, which to him the &s;aid <HI>N.</HI> at the &s;ame Fea&s;t, <HI>&amp;c.</HI> he ought to have paid and delivered, according to the form and effect of the In|dor&s;ment afore&s;aid, that is to &s;ay, at <HI>H.</HI> afore&s;aid: And this he is ready to aver; whereupon de demands Judgment, whether the afore&s;aid <HI>J.</HI> ought to have her Action afore&s;aid again&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J.</HI> &s;ays, That &s;he by any thing before alledged,
<NOTE PLACE="marg">Replication.</NOTE> ought not to be debarred from having her Action afore&s;aid, becau&s;e by prote&s;tation &s;he &s;ays, That the afore&s;aid <HI>T.</HI> did not deliver to the afore&s;aid <HI>N.</HI> in his life-time the afore&s;aid weigh of gray Salt in the afore&s;aid indor&s;ment contained, at the afore&s;aid Fea&s;t of the birth of our Lord, as the afore&s;aid <HI>T.</HI> hath above alledged: for Plea &s;he &s;aith, that the afore&s;aid <HI>T.</HI> did not pay the afore&s;aid <HI>N.</HI> in his life-time the afore|&s;aid twenty pounds, at the Fea&s;t of the Birth of our Lord, which to him the &s;aid <HI>N.</HI> at the &s;ame Fea&s;t he ought to have paid, according to the form and effect of the Indor&s;ment afore&s;aid, as the afore&s;aid <HI>Thomas</HI> hath above alledged, and this &s;he is ready to aver; whereupon &s;he de|mands Judgment, and her Debt afore&s;aid, together with her damages to be adjudged unto her.</P>
<P>And the afore&s;aid <HI>T.</HI> as formerly, &s;aith,
<NOTE PLACE="marg">Rejoynder.</NOTE> That he paid the afore&s;aid <HI>N.</HI> in his life-time, the afore&s;aid twenty pounds, at the afore&s;aid Fea&s;t of the Birth of our Lord, which to the afore&s;aid <HI>N.</HI> upon the &s;ame Fea&s;t he ought to have paid, according to the form and effect of the Indor&s;ment afore&s;aid, as he before hath alledged: And of this he puts him&s;elf upon the Countrey, and the afore&s;aid <HI>J.</HI> in like manner there|fore command is given to the Sheriff, that he cau&s;e to come twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. late of, <HI>&amp;c.</HI>
<NOTE PLACE="marg">Debt upon a Bill again&s;t an Admini&s;trator of an Admini|&s;tratix.</NOTE> Admini&s;trator of the goods and chattells which were of <HI>D. B.</HI> the Admini&s;tratrix of the goods and chattells which were of <HI>Edward B.</HI> otherwi&s;e called <HI>E. B.</HI> of the, <HI>&amp;c.</HI> who died in|te&s;tate, <HI>&amp;c.</HI> was &s;ummoned to an&s;wer <HI>R. G.</HI> of a Plea, that he render him nineteen pounds, which he unju&s;tly detains from him, and where|upon the &s;ame <HI>D. W.</HI> by <HI>C. E.</HI> his Attorney, &s;ays, That whereas the
<PB N="84" REF="45">afore&s;aid <HI>E. L.</HI> in his life-time (&s;uch a day and year, at <HI>W.</HI>) by his certain Bill Obligatory, which the &s;aid <HI>D.</HI> with the Seal of the afore|&s;aid <HI>E.</HI> &s;igned here, brings into Court; the date whereof is the day and year afore&s;aid, did acknowledge him&s;elf to owe to the &s;aid <HI>R.</HI> the afore&s;aid nineteen pounds, to be paid to him the &s;aid <HI>R.</HI> at the Fea&s;t, <HI>&amp;c.</HI> then next following, and to the &s;ame payment well and tru|ly to be made, the afore&s;aid <HI>E.</HI> bound him&s;elf, his Heirs, and Executors, by the &s;ame Bill, yet the afore&s;aid. <HI>E.</HI> in his life-time, and the afore|&s;aid <HI>D.</HI> after the death of the &s;aid <HI>E.</HI> to whom the Admini&s;tration of all the goods and chattells which were the afore&s;aid <HI>Edwards,</HI> at the time of his death, by the mo&s;t Reverend in Chri&s;t, the Bi&s;hop of <HI>W.</HI> after the death of the &s;aid <HI>E.</HI> was committed, nor the afore&s;aid <HI>J.</HI> after the death of the &s;ame <HI>D.</HI> to whom the Admini&s;tration of all and &s;ingular the goods and chattels which were of the afore&s;aid <HI>D.</HI> at the time of her death, by the &s;aid Bi&s;hop of <HI>W.</HI> after the death of the &s;aid <HI>D.</HI> was committed, although often demanded the afore&s;aid nine|teen pounds, have not rendred it to him the &s;aid <HI>E.</HI> but the &s;ame to render to him have denied, and the afore&s;aid <HI>J.</HI> the &s;ame to him the &s;aid <HI>D.</HI> as yet to render, doth deny and unju&s;tly detain, whereupon he &s;ays, that he is damnified, and hath damage to the value of an hundred &s;hillings, and thereupon he brings his Action, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J.</HI>
<NOTE PLACE="marg">An acquittance pleaded for p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">rt, and fully admini&s;tred for the re&s;idue of the Debt.</NOTE> by <HI>E. D.</HI> his Attorney, comes and defends the force and injury, when, <HI>&amp;c.</HI> And as to &s;ixteen pounds of the &s;aid nine|teen pounds, in the Declaration afore&s;aid, above &s;pecified, the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ame <HI>J.</HI> &s;ays, That the afore&s;aid <HI>D.</HI> as to the afore&s;aid &s;ixteen pounds, ought not to have his Action again&s;t him, becau&s;e he &s;aith, that after the making of the Bill afore&s;aid, that is to &s;ay, (&s;uch a day and year, and place) the afore&s;aid <HI>D.</HI> by the name of <HI>D W.</HI> of <HI>R.</HI> by his certain Bill of Acquit|tance, which the &s;ame <HI>J.</HI> with the Seal of the &s;aid <HI>D.</HI> &s;igned here, brings into Court, who&s;e date is the &s;ame day and year, did acknowledge him|&s;elf to have received of the afore&s;aid <HI>E.</HI> in his life-time, by the name of <HI>E. D.</HI> of <HI>W</HI> &s;ixteen pounds of lawfull money of <HI>England;</HI> and further, the &s;ame <HI>J.</HI> &s;aith, That the afore&s;aid Bill of Acquittance to the &s;aid <HI>E.</HI> in manner and form afore&s;aid made, was in part of payment of the afore&s;aid nineteen pounds in the Declaration afore&s;aid, above &s;pecified, and this he is ready to aver, whereupon he demands Judgment, if the afore&s;aid <HI>D.</HI> ought thereupon to have his Action afore&s;aid again&s;t him, <HI>&amp;c.</HI> And as to three pounds of the afore&s;aid nineteen pounds re|&s;idue, the &s;ame <HI>J.</HI> &s;ays, That the afore&s;aid <HI>D.</HI> ought not thereupon to <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ave his Action again&s;t him, becau&s;e he &s;aith, that he hath fully admi|ni&s;tred all the goods and chattels, which were of the afore&s;aid <HI>D.</HI> at the time of his death, and that he hath no goods or chattels which were the afore&s;aid <HI>D.</HI> at the time of his death, in his hands to be admini&s;tred, nor had the day of the i&s;&s;uing forth of the Originall Writ of him the &s;aid <HI>D.</HI> nor at any time after, and this he is ready to aver, whereupon as
<PB N="85" REF="45">formerly, he demands Judgment, if the afore&s;aid <HI>D.</HI> ought thereupon to have his Action afore&s;aid again&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>D.</HI>
<NOTE PLACE="marg">The Bill of ac|quittance is not the De<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d of the Plaintiff.</NOTE> requires the hearing of the afore&s;aid Bill of Acquittance, and it is read unto him in the&s;e words, <HI>Be it known, &amp;c.</HI> Which &s;aid Bill of Acquittance being read and heard, the afore&s;aid <HI>J.</HI> &s;ays, That he, by any thing in the &s;ame Bill of Acquittance above &s;pe|cified, ought not to be debarred from having his Action afore&s;aid, of the afore&s;aid &s;ixteen Pounds, becau&s;e he &s;aith, That the afore&s;aid Bill of Acquittance is not his Deed, and this he prays may be enquired of by the Country, and the afore&s;aid <HI>J.</HI> in like manner; and as to the afore&s;aid three Pounds re&s;idue, the &s;ame <HI>D.</HI> &s;ays, That he, by any thing before alledged, ought not to be debarred from having his Acti|on afore&s;aid, becau&s;e he &s;aith. That the afore&s;aid <HI>J.</HI>
<NOTE PLACE="marg">A&s;&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">s in the hands of the Admini&s;tratort,</NOTE> at the day of the i&s;&s;uing forth of the original Writ of him the &s;aid <HI>D.</HI> (that is to &s;ay, &s;uch a day and year) had divers Goods and Chattels, which were the afore&s;aid <HI>D.</HI> the time of his Death in his hands to be admini&s;tred, to the value of the Debt afore&s;aid, whereby he might have &s;atisfied him the &s;aid <HI>D.</HI> of the afore&s;aid Debt, to wit, at <HI>C.</HI> in the County afore|&s;aid, and this he prays may al&s;o be enquired of by the Country, and the afore&s;aid <HI>J.</HI> in like manner; Therefore, as to the trying, as well of this I&s;&s;ue, as the afore&s;aid other I&s;&s;ue, between the parties afore&s;aid above joyned, Command is given to the Sheriff, That he cau&s;e to come here twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. <HI>H.</HI> lately of, <HI>&amp;c.</HI> and <HI>S.</HI> his Wife, Admini&s;tratrix, <HI>&amp;c.</HI>
<NOTE PLACE="marg">An Action of Debt brought upon two <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> and a Bond.</NOTE> which were <HI>A. W.</HI> who dyed inte&s;tate, <HI>&amp;c.</HI> otherwi&s;e called <HI>A. W. &amp;c.</HI> were &s;ummoned to an&s;wer <HI>R. B.</HI> of a Plea, That he render him three and thirty Pounds &s;ix &s;hillings and eight pence, which they unju&s;tly de|tain from him, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>R.</HI> by <HI>W. W.</HI> his Attor|ney &s;ays, That whereas the afore&s;aid <HI>A.</HI> in his life-time (&s;uch a day, and year, and place) by his certain Bill obligatory, which he the &s;aid <HI>R.</HI> with the Seal of the afore&s;aid <HI>A.</HI> &s;igned, here brings into Court, the Date whereof is the &s;ame day and year, did acknowledg him&s;elf to ow to him the &s;aid <HI>R.</HI> &s;ix Pounds thirteen &s;hillings and four pence of the afore&s;aid thirty three Pounds &s;ix &s;hillings and eight pence, to be payd to him the &s;aid <HI>R.</HI> (&s;uch a day then next following;) and where|as al&s;o the afore&s;aid <HI>A.</HI> in his life time (&s;uch a day, year, and place) by his certain other Bill obligatory, which he the &s;aid <HI>R.</HI> with the Seal of the afore&s;aid <HI>A.</HI> in his life time &s;igned, here in like manner brings into Court, the Date whereof is the &s;ame day and year afore&s;aid, did ac|knowledg him&s;elf to ow to him the &s;aid <HI>R.</HI> other &s;ix Pounds thirteen &s;hillings and four pence of the afore&s;aid thirty three Pounds &s;ix &s;hil|lings and eight pence, to be payd to him the &s;aid <HI>R.</HI> at the Fea&s;t of the Birth of our Lord then next following: and unto the &s;ame Payments
<PB N="86" REF="46">well and faithfully to be made, the afore&s;aid <HI>A.</HI> in his life-time did ob|lige him&s;elf, his Heirs and Executors, by the &s;ame Bills: And where|as al&s;o the afore&s;aid <HI>A.</HI> in his life-time (&s;uch a day, year, and place) by his certain Writing obligatory, did acknowledg him&s;elf to be bound to him the &s;aid <HI>R.</HI> in twenty Pounds of the afore&s;aid three and thirty Pounds &s;ix &s;hillings and eight pence re&s;idue, to be payd to him the &s;aid <HI>R.</HI> when he &s;hould be thereunto required, yet the afore&s;aid <HI>A.</HI> in his life-time, and the afore&s;aid <HI>S.</HI> after the Death of <HI>A.</HI> while&s;t &s;he was Sole, nor the afore&s;aid <HI>J.</HI> and <HI>S.</HI> after E&s;pou&s;als celebrated between them, although often required, the afore&s;aid three and thirty Pounds &s;ix &s;hillings and eight pence to him the &s;aid <HI>R.</HI> have not render|ed, but the &s;ame to render to him have denyed, and the afore&s;aid <HI>J.</HI> and <HI>S.</HI> the &s;ame to render to him as yet doth deny, and unju&s;tly detain, whereupon he &s;ays, That he is damnified, and hath Damage to the value of an hundred &s;hillings, and thereupon brings Suit: and he brings here into Court the Writing obligatory afore&s;aid, which wit|ne&s;&s;eth twenty Pounds of the Debt, <HI>&amp;c.</HI></P>
<P>To this the Defendants plead, That they have fully admini&s;tred, and the Plaintiff replies, That there were A&s;&s;ets, <HI>&amp;c.</HI> as by the Pre&s;ident immediately foregoing.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>A. C.</HI>
<NOTE PLACE="marg">An Action of Debt by an Ex|ecutor again&s;t Executors.</NOTE> and <HI>W. M.</HI> Eexecutors of the Te&s;tament of <HI>W. M.</HI> were &s;ummoned to an&s;wer <HI>T. O.</HI> Executor of the Te&s;tament of <HI>R. O.</HI> of a Plea, That he render him twenty Marks, which they unju&s;tly detain from him, <HI>&amp;c.</HI> and whereupon the &s;aid <HI>T.</HI> by <HI>R. C.</HI> his Attor|ney &s;ays, That whereas the afore&s;aid <HI>W. M.</HI> in his life-time (&s;uch a day, year, and place) by his certain Writing obligatory, did ac|knowledg him&s;elf to be bound to him the &s;aid <HI>R.</HI> in his life-time, in the afore&s;aid twenty Marks, to be payd to him the &s;aid <HI>R.</HI> when he &s;hould be thereunto required; yet the afore&s;aid <HI>W. M.</HI> in his lifetime, and the afore&s;aid <HI>A.</HI> and <HI>W.</HI> after the Death of the &s;aid <HI>W. M.</HI> although often required, the afore&s;aid twenty Marks to him the &s;aid <HI>R.</HI> in his life-time, or to the afore&s;aid <HI>T.</HI> after the Death of the &s;aid <HI>R.</HI> have not rendered, but the &s;ame to them to render have denyed; and the afore&s;aid <HI>A.</HI> and <HI>W.</HI> the &s;ame to him the &s;aid <HI>T.</HI> as yet to ren|der they deny, and unju&s;tly detain, whereupon he &s;aith, That he is damnified, and hath Damage to the value of ten Pounds: and there|upon he brings Suit: And he brings here into Court, as well the Wri|ting afore&s;aid, which witne&s;&s;eth the Debt afore&s;aid in form afore&s;aid, as the Letters Te&s;tamentary of the afore&s;aid <HI>R.</HI> by which it &s;ufficiently appears to the Court here, the afore&s;aid <HI>T.</HI> to be Executor of the a|fore&s;aid <HI>R.</HI> of the Te&s;tament afore&s;aid, and thereupon to have Admi|ni&s;tration, <HI>&amp;c.</HI></P>
<PB N="87" REF="46">
<P>And the afore&s;aid <HI>W.</HI> by <HI>J. R.</HI> his Attorney, comes and defends the Force and Injury, when, <HI>&amp;c.</HI> And &s;ays,
<NOTE PLACE="marg"><HI>Bar in Debt when one of the Defendants is dead. After the la&s;t Covenant, the other pleads</HI> Plene admini|&s;travit.</NOTE> That after the la&s;t continu|ance of the Plea afore&s;aid, to wit, after a Month of Saint <HI>Michael</HI> la&s;t pa&s;t, from which &s;aid day the Plaint afore&s;aid was continued hither unto this day, to wit, unto eight days of Saint <HI>Hillary,</HI> then next following, and before the &s;ame eight days of Saint <HI>Hillary</HI> (to wit, &s;uch a day la&s;t pa&s;t) the afore&s;aid <HI>A.</HI> at <HI>R.</HI> in the County of <HI>C.</HI> dyed: And becau&s;e the afore&s;aid <HI>T.</HI> doth not this gain&s;ay, let no Proces nor any other thing be further done again&s;t the &s;aid <HI>A. &amp;c.</HI> And further the &s;aid <HI>W.</HI> &s;aith, That the afore&s;aid <HI>T.</HI> ought not to have his Action afore&s;aid again&s;t him, becau&s;e he &s;aith, That he and the afore&s;aid <HI>A.</HI> in the life of the &s;aid <HI>A.</HI> have fully admini&s;tred all the Goods and Chattels, which were of the afore&s;aid <HI>VV. M.</HI> at the time of his Death: And that they, in the life of the &s;aid <HI>A.</HI> had no Goods or Chattels, which were of the &s;aid <HI>VV.</HI> at the time of his Death, in their hands to be admini&s;tred, nor had the day of the i&s;&s;u|ing forth of the Original Writ of them the &s;aid <HI>T. O.</HI> nor at any time after the i&s;&s;uing forth of the &s;ame Writ, in the life of the &s;ame <HI>A.</HI> and al&s;o that he never after the Death of the afore&s;aid <HI>A.</HI> had any Goods or Chattels, which were of the afore&s;aid <HI>VV. M.</HI> at the time of his Death, in his hands to be admini&s;tred: And this he is rea|dy to aver, whereupon he demands Judgment, whether the afore&s;aid <HI>T.</HI> ought to have his Action again&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T.</HI> &s;ays, That he, by any thing before alledged, ought not to be debarred from having his Action afore&s;aid, becau&s;e he &s;ays, That the afore&s;aid <HI>A.</HI> and <HI>VV. M.</HI> the day of the i&s;&s;uing forth of the Original Writ of him the &s;aid <HI>T.</HI> (that is to &s;ay, &s;uch a day and year) had divers Goods and Chattels, which were the afore&s;aid <HI>VV. M.</HI> at the time of his Death, in their hands to be admini&s;tred, to the value of the afore&s;aid Debt of twenty Marks, whereby they were able to have &s;atisfied him the &s;aid <HI>T.</HI> of the &s;ame Debt, to wit, at <HI>C.</HI> afore&s;aid, and this he prays may be enquired of by the Country, and the afore&s;aid <HI>VV. M.</HI> in like manner: Therefore Command is gi|ven to the Sheriff, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>J. H.</HI> late of <HI>C.</HI> in the County of <HI>L.</HI> Gentleman,
<NOTE PLACE="marg">An Action of Debt brought upon a Bill to be paid at the day of marriage,</NOTE> was &s;ummoned to an&s;wer <HI>T. N.</HI> and <HI>E.</HI> his Wife, Admini&s;tratrix of the Goods and Chattels which were of <HI>T. B.</HI> of a Plea, That he render him five Pounds, which he unju&s;tly detains from him, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>T. N.</HI> and <HI>E.</HI> by <HI>VV. L.</HI> their Attorney &s;ay, That whereas the afore&s;aid <HI>J.</HI> (&s;uch a day, year, and place) by his certain Bill obligatory, which they the &s;aid <HI>T. N.</HI> and <HI>E.</HI> with the Seal of him the &s;aid <HI>J.</HI> &s;igned, here bring into Court, the Date whereof is the &s;ame day and year, for and in con&s;ideration of one Gold Ring, with a certain Stone
<PB N="88" REF="47">called a Diamond, in the &s;ame Ring fixed of the afore&s;aid <HI>T. B.</HI> in his life time, received the Day of the making of the afore&s;aid Bill, did ac|knowledg and grant to, and with the afore&s;aid <HI>T. B.</HI> in his life-time, That he the &s;aid <HI>J.</HI> his Executors or A&s;&s;igns, would pay or cau&s;e to be payd to the afore&s;aid <HI>T. B.</HI> his Executors or A&s;&s;igns, for the &s;ame Ring at &s;uch a day and time, as he the &s;aid <HI>J.</HI> &s;hould be wed or married, or at any other time after his Marriage, when&s;oever he &s;hould be required by the afore&s;aid <HI>T. B.</HI> his Executors or A&s;&s;igns, or by him that &s;hould bring the &s;aid Bill, the &s;aid &s;um of five Pounds, to his or their u&s;e, the afore&s;aid time to be payd: And the &s;ame <HI>T. N.</HI> and <HI>E.</HI> in fact &s;ay, That the afore&s;aid <HI>J.</HI> after the making of the &s;aid Bill, to wit (&s;uch a day and year) within the Pari&s;h Church of <HI>H.</HI> did take to his Wife one <HI>J. D.</HI> by which the Action did accrue unto the &s;aid <HI>T. R.</HI> in his Life, and to the &s;aid <HI>E.</HI> after the &s;aid <HI>T. B.</HI> his Death, while&s;t &s;he was Sole, and to the &s;aid <HI>T. N.</HI> and <HI>E.</HI> after E&s;pou&s;als between them celebrated, to require and have of the afore&s;aid <HI>J.</HI> the &s;ame five Pounds, yet the afore&s;aid <HI>J.</HI> although often required, the afore&s;aid five Pounds to the afore&s;aid <HI>T. B.</HI> in his life-time, or to the afore&s;aid <HI>E.</HI> while&s;t &s;he was Sole, to whom the Admini&s;tration of all the Goods and Chattels, which were of the afore&s;aid <HI>T. B.</HI> the time of his Death, by the Bi&s;hop, <HI>&amp;c.</HI> (&s;uch a day, and year, and place) was committed, or to the afore&s;aid <HI>T. N.</HI> and <HI>E.</HI> after E&s;pou&s;als between them cele|brated, hath not rendered, but the &s;ame to render to them hath de|nyed, and the &s;ame to render to the &s;aid <HI>T. N.</HI> and <HI>E</HI> as yet doth deny, and unju&s;tly detain, whereupon they &s;ay, That they are damni|fied, and have Damage to the value of five Pounds, and thereof they bring their Action, and they bring here into Court the Letter of Ad|mini&s;tration, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J.</HI> by <HI>R. B.</HI> his Attorney, comes and defends the force and injury,
<NOTE PLACE="marg">The Defendant pleads he was within age at the time of the making of the Bill.</NOTE> when, <HI>&amp;c.</HI> and &s;ays, That the afore&s;aid <HI>N.</HI> and <HI>E.</HI> ought not to have their Action afore&s;aid again&s;t him, becau&s;e he &s;aith, That he, at the time of the making of the Bill afore&s;aid, was within the age of one and twenty years, and this he is ready to aver, whereupon he demands Judgment, whether the afore&s;aid <HI>T. N.</HI> and <HI>E.</HI> ought to have their Action afore&s;aid again&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T. N.</HI> and <HI>E.</HI> &s;ay, That they, by any thing before alledged, ought not to be debarred from having their. Action afore&s;aid again&s;t the &s;aid <HI>J.</HI> becau&s;e they &s;ay, That the afore&s;aid <HI>J.</HI> at the time of the making of the Bill afore&s;aid, was of the full age of one and twenty years, and not within age, as the afore&s;aid <HI>J.</HI> hath above alledged, and this they pray may be enquired of by the Country, and the afore&s;aid <HI>J.</HI> in like manner: Therefore Command is given to the Sheriff, That he cau&s;e to come twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="89" REF="47">
<P><HI>G. F.</HI> was &s;ummoned to an&s;wer <HI>F. B.</HI> one of the Attorneys, <HI>&amp;c.</HI>
<NOTE PLACE="marg"><HI>Debt brought by an Attorney for his Fees and Expences,</HI> Trin. 8 Eliz. <HI>rot.</HI> 851</NOTE> of a Plea, That he render him forty &s;hillings, which he ows him, and unju&s;tly detains, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>F.</HI> in his pro|per per&s;on &s;ays, That whereas the afore&s;aid <HI>G.</HI> (&s;uch a day, year, and place) did retain him the &s;aid <HI>F.</HI> to be Attorney of him the &s;aid <HI>G.</HI> to pro&s;ecute for him the &s;aid <HI>G.</HI> as his Attorney in the Court of our Lord the King here at <HI>Westminster,</HI> a certain Original Writ under his name again&s;t <HI>W. W. P. P.</HI> and <HI>R. M.</HI> of a Plea of Tre&s;pa&s;s to be re|turnable before the Ju&s;tices of our Lord the King of the Bench here, from the &s;aid (&s;uch a day and year) &s;o long as both parties afore&s;aid &s;hould plea&s;e, taking for his Fee and labor in that part &s;u&s;tained, every Term wherein the &s;aid <HI>F.</HI> &s;hould be Attorney for him the &s;aid <HI>G.</HI> three &s;hillings and four pence, over and above his Co&s;ts and Expences by him about the pro&s;ecution of the Proces upon the &s;aid Writ, as for writing of Writs, &s;ealing of them, Entries of Pleas, and Warrants of Attorney to be put in, to be laid out, by which he the &s;aid <HI>F.</HI> from the afore&s;aid (&s;uch a day and year) for &s;ix Terms then next following, was Attorney for him the &s;aid <HI>G.</HI> in the afore&s;aid Bench, and divers Writs upon the afore&s;aid original Writ, under the name, and for the afore&s;aid <HI>G.</HI> did pro&s;ecute in the &s;ame Court, and twenty &s;hillings of the afore&s;aid forty &s;hillings to him the &s;aid <HI>F.</HI> for his Fees by the &s;ame time, were in arrear unpayd, by which the Action accrued to him the &s;aid <HI>F.</HI> to require and have of the &s;aid <HI>G.</HI> the &s;ame twenty-&s;hillings, and al&s;o he the &s;aid <HI>F.</HI> for the afore&s;aid <HI>G.</HI> in Co&s;ts and Expences about the pro&s;ecution of the Writs afore&s;aid, and other Proces thereupon had, as in writing of Writs, and &s;ealing of them, Entry of Pleas, and Warrants of Attorney did lay out fourteen &s;hillings of the afore&s;aid forty &s;hillings, by which the Action did likewi&s;e accrue unto the &s;aid <HI>F.</HI> to require and have of the afore&s;aid <HI>G.</HI> the &s;aid fourteen &s;hillings; and whereas the afore&s;aid <HI>G.</HI> (&s;uch a day, year, and place) al&s;o bor|rowed of the afore&s;aid <HI>F.</HI> &s;ix &s;hillings, re&s;idue of the afore&s;aid forty &s;hillings, to be payd to him the &s;aid <HI>F.</HI> when he &s;hould be thereunto required, yet the afore&s;aid <HI>G.</HI> although often required, the afore&s;aid forty &s;hillings to him the &s;aid <HI>F.</HI> hath not rendered, but the &s;ame to him hitherto to render hath denyed, and as yet doth deny, whereupon he &s;aith, That he is damnified, and hath Damage to the value of an hundred &s;hillings, and thereupon he brings his Action, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>G.</HI> by <HI>T. H.</HI> his Attorney,
<NOTE PLACE="marg">Nil debet per p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">triam.</NOTE> comes and defends the force and injury, when, <HI>&amp;c.</HI> and &s;aith, That he ows not to the afore|&s;aid <HI>F.</HI> the &s;aid forty &s;hillings, or any peny thereof, in the form where|in the &s;aid <HI>F.</HI> hath above again&s;t him declared, and of this he puts him&s;elf upon the Country, and the afore&s;aid <HI>F.</HI> in like manner, there|fore command is given to the Sheriff, that he cau&s;e to come twelve <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="90" REF="48">
<P>AND the afore&s;aid <HI>T.</HI>
<NOTE PLACE="marg">A Judgment in Debt by default.</NOTE> by <HI>J. F.</HI> his Attorney, comes and defends the Force and Injury, when, <HI>&amp;c.</HI> and &s;ays nothing in bar or avoydance of the afore&s;aid Action of the afore&s;aid <HI>W.</HI> by which the &s;aid <HI>W.</HI> remaineth again&s;t the &s;aid <HI>T.</HI> thereupon undefended, therefore it is con&s;idered, That the afore&s;aid <HI>W.</HI> recover again&s;t the &s;aid <HI>T.</HI> his Debt afore&s;aid, and his Damages by rea&s;on of the detaining of the &s;ame Debt unto twenty &s;hillings to him the &s;aid <HI>W</HI> of his A&s;&s;ent by the Court adjudged,
<NOTE PLACE="marg">Mercy.</NOTE> and the afore&s;aid <HI>T.</HI> in mercy, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid Defendant by <HI>J. C.</HI>
<NOTE PLACE="marg"><HI>A Plea in Bar to a Declaration upon a Bond, that the Plain|tiff hath razed the Bond, and <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ltered the &s;um.</HI> Pa&s;c. 11 Eliz. <HI>Rot.</HI> 753.</NOTE> his Attorney, comes and defends the force and injury, when, <HI>&amp;c.</HI> and &s;ays, That the afore&s;aid Plaintiff ought not to have his Action again&s;t him, becau&s;e he &s;aith, That he the day and year afore&s;aid, the Writing afore&s;aid, of the &s;um of twenty pounds, cau&s;ed to be written, and that containing in it onely the &s;um of twenty pounds, with his Seal did then &s;eal, and to the afore&s;aid Plaintiff as his Deed did then deliver: And the &s;aid Defendant further &s;aith, That after the making, Sealing, and Delivery, of the &s;ame Writing, the afore&s;aid Plaintiff at <HI>L.</HI> afore&s;aid, did raze and put out of that Writing the afore&s;aid &s;um of twenty pounds, and in the &s;ame place writ and put in the afore&s;aid &s;um of thirty pounds, by which the afore&s;aid Writing became voyd in Law, and this he is ready to aver, whereupon he demands Judgment, whether the Plain|tiff ought to have his Action again&s;t him.</P>
<P>And the &s;aid Plaintiff &s;ays,
<NOTE PLACE="marg">The Plaintiff replies, that the razure was be|fore the &s;ealing and delivery.</NOTE> That he, by any thing before alledged, ought not to be debarred from having his Action afore&s;aid, becau&s;e he &s;aith, That before the Sealing and Delivery of the Writing afore&s;aid, the afore&s;aid Sum of twenty pounds, out of that &s;aid Writing was razed and put out, and in the place and &s;tead of the &s;ame &s;um, the afore&s;aid Sum of thirty pounds, as well by the a&s;&s;ent of him the &s;aid Plaintiff, as of the Defendant, into that &s;aid Writing was written and put in, and that after the &s;ame Sum of thirty pounds was written, and put into the &s;aid Writing, the afore&s;aid Defendant the day and year afore&s;aid, at <HI>L.</HI> afore&s;aid, the afore&s;aid Writing to him the &s;aid Plain|tiff as his Deed did deliver,
<NOTE PLACE="marg">Traver&s;e the razure.</NOTE> without that, That the afore&s;aid <HI>J.</HI> after the making, Sealing, and Delivery of the Writing afore&s;aid, did raze and put out, out of the afore&s;aid Writing, the afore&s;aid Sum of twenty Pounds, as the afore&s;aid Defendant hath above alledged, and this, &amp;c. Whereupon he demands Judgment, and his Debt afore&s;aid, together with his Damages, by rea&s;on of the Detainder of the &s;ame Debt to be adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Defendant,
<NOTE PLACE="marg">The Defendant ju&s;tifies his plea and takes i&s;&s;ue thereupon,</NOTE> as formerly, &s;aith, That the afore|&s;aid Plaintiff, after the making, Sealing, and Delivery of the
<PB N="91" REF="48">Writing afore&s;aid, did raze and put out of the Writing afore&s;aid, the afore&s;aid Sum of twenty pounds, in manner and form as he above hath alledged, and of this he puts him&s;elf upon the Country, and the afore|&s;aid Plaintiff in like manner; Therefore Command is given to the Sheriff, That he cau&s;e to come here, three Weeks after the Holy <HI>Tri|nity,</HI> twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>C. C.</HI> late of <HI>L.</HI> in the County of <HI>N.</HI> Knight,
<NOTE PLACE="marg"><HI>London &s;&s;.</HI> Narc. &s;u. obb. Hil. 22 Jacobi, <HI>Rot.</HI> 1730.</NOTE> otherwi&s;e called <HI>C. C. &amp;c.</HI> was &s;ummoned to an&s;wer <HI>H.</HI> Lord <HI>Danvers</HI> of a Plea, That he render him two hundred pounds, <HI>&amp;c.</HI> by an Obligation dated at <HI>London, &amp;c.</HI> the &s;ix and twentieth of <HI>May,</HI> in the eighteenth year of King <HI>James, An. x</HI>^c. <HI>Pomeroy.</HI></P>
<P>And the afore&s;aid <HI>C.</HI> by <HI>J. Serl</HI> his Attorney, comes and defends the force and injury, when, <HI>&amp;c.</HI> and prays hearing of the Writing afore|&s;aid, and it is read unto him, <HI>&amp;c.</HI> He prays al&s;o hearing of the Condi|tion of the &s;ame Writing, and it is read unto him in the&s;e words; <HI>The Condition of this Obligation is &s;uch, That whereas the above bounden</HI> Wil|liam Hayward <HI>hath had, and received at the hands of the right honorable the Lady</HI> Elizabeth Hatton, <HI>the Sum of one hundred pounds of lawful Engli&s;h mony, for his entertainment or wages in her Service, for the term of five years, beginning at the tenth day of</HI> April <HI>la&s;t pa&s;t, after the Rate of twenty pounds by the year, for every of the &s;aid five years: if there|fore the &s;aid</HI> W. H. <HI>&s;hall either depart this natural Life before the Expi|ration of the &s;aid five years, or &s;hall not continue in Service with the &s;aid Lady</HI> Elizabeth <HI>by the &s;pace of all the &s;aid five years, or that the &s;aid Lady</HI> Elizabeth <HI>&s;hall think fit to di&s;charge him the &s;aid</HI> W. H. <HI>of her &s;aid Ser|vice before the End of the &s;aid five years, then &s;he the &s;aid Lady</HI> Eli|zabeth <HI>to give him a Quarter of a years warning of &s;uch her Plea&s;ure, to di&s;charge him of &s;uch her Service. If therefore the above bounden</HI> W. H. H. Jermyn, <HI>and</HI> C G. <HI>or any of them, their Heirs, Executors or Admini&s;trators, or any of them, &s;hall within three Months next after the Decea&s;e of the &s;aid</HI> W. H. <HI>or his departure from the Service of the &s;aid Lady</HI> Elizabeth <HI>whether of them &s;hall fir&s;t happen, well and truly pay, or cau&s;e to be payd unto the above named the Lord</HI> Danvers, <HI>his Executors, Administrators, or A&s;&s;igns, &s;o much of the &s;aid hundred pounds as &s;hall be then behinde, deducting after the Rate of twenty pounds by the year, for &s;o many years, or &s;o long time of the &s;aid five years, as the &s;aid</HI> W. H. <HI>&s;hall have continued in Service with the &s;aid Lady</HI> Elizabeth Hatton (<HI>the &s;aid payment to be made at, or in the now dwelling Hou&s;e of the &s;aid</HI> L. E. <HI>in</HI> Holborn, <HI>commonly called</HI> Hatton-Hou&s;e) <HI>That then this Obligation to be voyd, or el&s;e to remain in full force:</HI> Which being read and heard, the &s;ame <HI>C.</HI> &s;ays, That the afore&s;aid <HI>H.</HI> ought not to have his Action afore&s;aid again&s;t him, becau&s;e he &s;aith, That the afore&s;aid <HI>E.</HI> after the making of the Writing afore&s;aid, to wit, the
<PB N="92" REF="49">afore&s;aid twenty &s;ixth of <HI>May,</HI> in the Reign of our afore&s;aid Lord the King that now is, the eighteenth afore&s;aid at <HI>London,</HI> in the Pari&s;h and Ward afore&s;aid, did retain the afore&s;aid <HI>W. H.</HI> in the Service of her the &s;aid <HI>E.</HI> to &s;erve her the &s;aid <HI>E.</HI> according to the form of the Condition afore&s;aid, above &s;pecified: and that the &s;aid <HI>W.</HI> by vertue of the Re|tainer afore&s;aid, from the afore&s;aid time of the &s;ame Retainer, until the fir&s;t of <HI>July,</HI> in the Reign of, <HI>&amp;c.</HI> the nineteenth, at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid, her the &s;aid <HI>E.</HI> did faithfully &s;erve; which &s;aid fir&s;t Day of <HI>July,</HI> the &s;aid <HI>E.</HI> at <HI>L.</HI> in the Pari&s;h and Ward afore|&s;aid, the afore&s;aid <HI>W.</HI> from her Service afore&s;aid did di&s;charge: And the &s;aid <HI>W.</HI> thereupon, then and there, again&s;t the will of him the &s;aid <HI>W.</HI> from the afore&s;aid Service of the afore&s;aid <HI>E.</HI> was compelled to de|part, and then and there departed: And that the &s;aid <HI>E.</HI> did not give to him the &s;aid <HI>W.</HI> warning or notice of the Will of her the &s;aid <HI>E.</HI> by the &s;pace of a quarter of a year,
<NOTE PLACE="marg">The breach, in not giving a quarters warn|ing.</NOTE> to di&s;charge him the &s;aid <HI>W.</HI> from her Service afore&s;aid, according to the form and effect of the Condition afore&s;aid: And that the &s;aid <HI>W.</HI> as yet remains alive, and in perfect health, to wit, at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid: And this he is ready to aver, whereupon he prays Judgment, whether the afore|&s;aid <HI>H.</HI> ought to have his Action afore&s;aid again&s;t him.</P>
<P>And the afore&s;aid <HI>H.</HI>
<NOTE PLACE="marg">The Plaintiff re|plied, there was <GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">arters war|ning given.</NOTE> &s;ays, That he, by any thing before alledged, ought not to be debarred from having his Action afore&s;aid, becau&s;e he &s;aith, That it is true and ju&s;t, that the afore&s;aid <HI>E.</HI> after the making of the Writing afore&s;aid, to wit, the afore&s;aid &s;ix and twentieth day of <HI>May,</HI> in the eighteenth year afore&s;aid, at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid, did retain him the &s;aid <HI>W.</HI> in the Service of her the &s;aid <HI>E.</HI> to &s;erve her the &s;aid <HI>E.</HI> according to the form in the Condition afore|&s;aid above &s;pecified: And that the &s;ame <HI>W.</HI> by vertue of the Retainer afore&s;aid, from the afore&s;aid time of the &s;ame Retainder until the fir&s;t Day of <HI>July,</HI> in the nineteenth year afore&s;aid, at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid, her the &s;aid <HI>E.</HI> did &s;erve, which &s;aid fir&s;t Day of <HI>July,</HI> the &s;aid <HI>E.</HI> at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid, the afore&s;aid <HI>W.</HI> from her Service afore&s;aid did di&s;charge, as the afore&s;aid <HI>Charls</HI> hath above by his Pleading alledged: But the &s;ame <HI>H.</HI> further &s;aith, That after the making of the Writing afore&s;aid, and by the &s;pace of a Quarter of a year, before the &s;aid fir&s;t Day of <HI>July,</HI> the &s;ix and twentieth Day of <HI>March,</HI> in the nineteenth year afore&s;aid, at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid, the afore&s;aid <HI>E.</HI> gave to him the &s;aid <HI>W.</HI> warning and notice of the Will of her the &s;aid <HI>E.</HI> to Di&s;charge him the &s;aid <HI>W.</HI> from her Service afore&s;aid, according to the form and effect of the Condition afore&s;aid; and this he is ready to aver, whereupon he prays Judgment, and his Debt afore&s;aid, together with his Dama|ges, by occa&s;ion of the detaining of the &s;ame Debt, to be adjudged unto him, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="93" REF="49">
<P>ANd the afore&s;aid <HI>C.</HI> &s;ays, That the afore&s;aid <HI>E.</HI>
<NOTE PLACE="marg">I&s;&s;ue taken by the Defendant upon the breach.</NOTE> gave not the afore&s;aid <HI>W.</HI> warning and notice, by the &s;pace of a quarter of a year, before the &s;aid fir&s;t day of <HI>July,</HI> in the nineteenth year afore|&s;aid, of the Will of her the &s;aid <HI>E.</HI> to di&s;charge him the &s;aid <HI>W.</HI> from her &s;ervice afore&s;aid, according to the form and effect of the Condi|tion afore&s;aid, as the afore&s;aid <HI>H.</HI> hath above by Replication alledged: And of this he puts him&s;elf upon the Countrey, and the afore&s;aid <HI>H.</HI> in like manner; Therefore command is given to the Sheriff, that he cau&s;e to come here in eight days after the Purification of the ble&s;&s;ed Virgin Saint <HI>Mary,</HI> twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>GEorge B.</HI> late of <HI>C.</HI> in the County afore&s;aid, Yeoman,
<NOTE PLACE="marg"><HI>Devon.</HI> &s;&s;.</NOTE> was &s;um|moned to an&s;wer <HI>W. D.</HI> and <HI>R. F.</HI> Executors of the Te&s;tament of <HI>R. N.</HI> of a Plea, that he render him one hundred and &s;ixty pounds by Obligation, dated at <HI>T.</HI> the &s;ixteenth day of <HI>June,</HI> 9 <HI>Jacobi.</HI></P>
<P>And the afore&s;aid <HI>G.</HI> by <HI>J. P.</HI> his Attorney, comes and &s;ays,
<NOTE PLACE="marg"><HI>The Defendant pleads the Pre|&s;cription of the Stanneries; confirmed by</HI> Edw. 1.</NOTE> That he unto the Declaration of the afore&s;aid <HI>W.</HI> and <HI>R. F.</HI> afore&s;aid, ought not to an&s;wer, becau&s;e he &s;aith, That he the &s;aid <HI>G.</HI> long before the i&s;&s;u|ing forth of the Originall Writ of them the &s;aid <HI>W.</HI> and <HI>R. F.</HI> the afore&s;aid <HI>G.</HI> was, and is a <HI>Tinner,</HI> working in the afore&s;aid County of <HI>Devon&s;hire,</HI> and that all the <HI>Stanners</HI> working in the Stanneries of our Lord the King, in the County afore&s;aid, time out of minde, were free and quiet, of Pleas of Natives, and of all Pleas and Demands of our &s;aid Lord the King, and his Heirs, in any manner touching; So that they &s;hould not an&s;wer before any Ju&s;tice or Mini&s;ters of our &s;aid Lord the King, or his Heirs, of any Plea or Complaint within the Stannaries afore&s;aid ari&s;ing, unle&s;&s;e before the Keeper of our &s;aid Lord the King, and his Heirs, which for the time being, &s;hall be (excepting Pleas of land, life, or members) nor &s;hall depart from their work by the &s;um|mons of any Mini&s;ters of our &s;aid Lord the King, or of his Heirs; un|le&s;&s;e by the Summons of the &s;aid Keeper: Which &s;aid pre&s;cription and cu&s;tom, <HI>Edward,</HI> late King of <HI>England,</HI> the fir&s;t, by his Letters patents, with his Great Seal of <HI>England,</HI> &s;ealed, bearing date at <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex,</HI> the tenth day of <HI>April,</HI> in the three and thirtieth year of his Reign of <HI>England,</HI> to the amendment of his Stan|neries in the afore&s;aid County of <HI>Devon&s;hire,</HI> and to the tranquillity and profit of the Stannors, of the &s;ame Stanneries did confirm, and the afore&s;aid <HI>G.</HI> further &s;aith, That he the day of the i&s;&s;uing forth of the Originall Writ of them the &s;aid <HI>W.</HI> and <HI>R. F.</HI> was, and yet is a <HI>Tinner,</HI> working in the Stanneries afore&s;aid, that is to &s;ay, at <HI>C.</HI> in the afore&s;aid County of <HI>D.</HI> And that the Writing afore&s;aid here in Court brought, was made within the Stanneries afore&s;aid, (that is to &s;ay) at <HI>C.</HI> afore|&s;aid,
<PB N="94" REF="50">in the County afore&s;aid, upon a certain Contract there, between the &s;aid <HI>R. N.</HI> in his life-time, and him the &s;aid <HI>G.</HI> lately made, the &s;ame <HI>G.</HI> within the Stanneries afore&s;aid, then and there as yet working: And this he is ready to averre, whereupon he prays Judgment, if the Court here will, or ought any further to hold or ju&s;tifie the &s;aid Plaint again&s;t him the &s;aid <HI>G.</HI> &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>LOndon,</HI>
<NOTE PLACE="marg"><HI>Bill of Debt brought upon an</HI> In &s;imul computa&s;&s;et. Mich. 19 Jac. Rot, 2898.</NOTE> &s;&s;. <HI>J. Gouldsborough,</HI> E&s;quire, Executor of the Te&s;tament of <HI>J. G.</HI> E&s;quire, lately one of the <HI>Prothonotaries</HI> of our &s;aid Lord the King, of his Bench here, by <HI>R. B.</HI> his Attorney, complains of <HI>T. B.</HI> Gentleman, one of the Attorneys of our &s;aid Lord the King, of his Bench here pre&s;ent, here in Court in his proper per&s;on, for that he hath not rendred to him the &s;aid <HI>J. G.</HI> &s;even pounds &s;ix &s;hillings and four pence, which he unju&s;tly detains from him, for that, (that is to &s;ay) whereas the afore&s;aid <HI>T.</HI> (&s;uch a day, year, and place) did accompt with him the &s;aid <HI>J. G.</HI> of divers &s;ums of money, by the afore&s;aid <HI>T.</HI> to the &s;aid <HI>J. G.</HI> E&s;quire, father of him the &s;aid <HI>J.</HI> late|ly one of the <HI>Prothonotaries</HI> of the Court of our &s;aid Lord the King, of his Bench afore&s;aid, in his life-time due, and of right accu&s;tomed to be paid, for the Fees and Rewards of him the &s;aid <HI>J. G.</HI> the father, for Entries and Inrolments of divers Declarations and Pleas of the afore&s;aid <HI>T.</HI> in the Rolls of the Court here of <HI>Record</HI> now remaining by him the &s;aid <HI>T.</HI> in divers Terms before that time made and pleaded: and upon that account, the afore&s;aid <HI>T.</HI> was found in arrears towards the afore&s;aid <HI>J. G.</HI> the father, in the afore&s;aid &s;even pounds eight &s;hil|lings and four pence, by which the Action did accrue to him the &s;aid Plaintiff, to require and have of the afore&s;aid <HI>T.</HI> the afore&s;aid &s;even pounds &s;ix &s;hillings and four pence; yet the afore&s;aid <HI>T.</HI> although often demaned the &s;aid &s;even pounds &s;ix &s;hillings four pence, to him the &s;aid Plaintiff, he hath not rendred, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>R. G.</HI>
<NOTE PLACE="marg">An Action of Debt upon a re|tainer <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">r a School-Ma&s;ter.</NOTE> lately of <HI>L.</HI> was &s;ummoned to an&s;wer <HI>W. B.</HI> of a Plea, that he render him one hundred marks which he owes him, and unju&s;tly detains, <HI>&amp;c.</HI> And thereupon the &s;aid <HI>W.</HI> by <HI>J. H.</HI> his At|torney, &s;ays, That whereas he the afore&s;aid <HI>R.</HI> (&s;uch a day, year and place) did retain him the &s;aid <HI>W.</HI> then being School Ma&s;ter, and learned, to teach and in&s;truct in good letters and manners. <HI>N. G.</HI> and <HI>L. G.</HI> the &s;ons of the afore&s;aid Defendant, taking of the afore|&s;aid Defendant for the labour of him the &s;aid Plaintiff in that be|half every year, wherein the &s;aid Plaintiff, the afore&s;aid <HI>N. G.</HI> and <HI>L. G.</HI> &s;ons as afore&s;aid, &s;hould teach and in&s;truct, thirty pounds: By vertue of which retainder, he the &s;aid Plaintiff, the afore&s;aid <HI>N. G.</HI> and <HI>L. G.</HI> the &s;ons, <HI>&amp;c.</HI> from the afore&s;aid (&s;uch a day and year
<PB N="95" REF="50">above&s;aid) by two whole years then next following, in good letters and manners, at <HI>L. L.</HI> did teach and in&s;truct: And &s;ixty pounds of the afor&s;aid hundred Marks, to him the &s;aid Plaintiff for his labour therein, by the &s;ame time became in arrear, and as yet remain unpaid, by which Action accrued, <HI>&amp;c.</HI> Lay a <HI>Mutuat.</HI> for the re&s;idue to be paid, when he &s;hall be thereunto required, <HI>&amp;c.</HI> And thereupon he brings Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>DOr&s;et,</HI> &s;&s;. <HI>J. M.</HI> late of, <HI>&amp;c.</HI>
<NOTE PLACE="marg"><HI>Debt upon a Demi&s;e for cat|tel lent to farm,</HI> Mich. 11 Ja|cobi, Rot. 909.</NOTE> was &s;ummoned to an&s;wer <HI>William Harbyn</HI> and <HI>Mary</HI> his wife, Executrix of the Te&s;tament of <HI>W. J.</HI> of a Plea, That he render them twenty pounds five &s;hillings, which he unju&s;tly detains from them, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>W.</HI> and <HI>M.</HI> by <HI>J. D.</HI> their Attorney, &s;ay, that whereas the afore&s;aid <HI>W. J.</HI> in his life-time, that is to &s;ay, (&s;uch a day and year) at <HI>S.</HI> did let to the afore&s;aid <HI>J.</HI> fifteen Cowes with the whole profit and Emolu|ment of the &s;ame Cowes in any manner coming or ari&s;ing (from the &s;ame day and year) afore&s;aid, unto the Fea&s;t of the Annunciation of the ble&s;&s;ed Virgin <HI>Mary,</HI> in the year of our Lord, 1618. to pay to him the &s;aid <HI>W. J.</HI> his Executors or A&s;&s;igns, for each Cow of the afore&s;aid fifteen Cows, for the time afore&s;aid fourty &s;ix &s;hillings and eight pence, amounting in the whole, to five and thirty pounds, at four Terms of the year, (that is to &s;ay) At the Fe<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> the Nativity of Saint <HI>John Bapti&s;t,</HI> Saint <HI>Michael</HI> the Arch-Angel, the <HI>Birth</HI> of our LORD, and the Annunciation of the ble&s;&s;ed Virgin <HI>Mary,</HI> by equall portions to be paid, by vertue whereof the afore&s;aid <HI>J.</HI> the afore&s;aid fifteen Cows, by the whole time afore&s;aid, had and occupied, and the milk and Calves, and the whole profit and emolument of the &s;ame Cows coming and ari&s;ing, to his own proper u&s;e, did apply and convert, and the afore&s;aid <HI>W. J.</HI> after (the afore&s;aid day and year) that is to &s;ay, (&s;uch a day and year afore&s;aid) at <HI>S.</HI> afore&s;aid, died, and &s;ix and twenty pounds and five &s;hillings of the afore&s;aid five and thirty pounds payable at three Fea&s;ts, of the Fea&s;ts afore&s;aid, that is to &s;ay, At the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, the Birth of our LORD, and at the afore&s;aid Fea&s;t of the Annunciation of the ble&s;&s;ed Virgin <HI>Mary,</HI> in the year 1618. afore&s;aid, and after the death of the afore&s;aid <HI>W. J.</HI> to her the &s;aid <HI>M.</HI> while&s;t &s;he was &s;ole, were in arrear, and as yet re|main unpaid, by which the Action did accrue to ber the &s;aid <HI>M.</HI> while&s;t &s;he was &s;ole, and to them the &s;aid <HI>W. H.</HI> and <HI>M.</HI> after E&s;pou&s;als celebrated between them, to require and have of the afore&s;aid <HI>J.</HI> the afore&s;aid &s;ix and twenty pounds five &s;hillings; yet the afore&s;aid <HI>J.</HI> al|though often required the afore&s;aid &s;ix and twenty pounds and five &s;hil|lings, to her the &s;aid <HI>M.</HI> while&s;t &s;he was &s;ole, or to them the &s;aid <HI>W.</HI> and <HI>M.</HI> after E&s;pou&s;alls between them celebrated, hath not rendred; but the &s;ame to them to render hitherto denied, and the &s;ame to them the
<PB N="96" REF="51">&s;aid <HI>W.</HI> and <HI>M.</HI> as yet to render doth deny, and unju&s;tly detain, where|upon they &s;ay they are damnified, and have damage to the value of thirty pounds, and thereupon they bring Suit, <HI>&amp;c.</HI> and produce here in Court, the Letters Te&s;tamentary of the &s;aid <HI>W. J.</HI> by which it doth &s;ufficiently appear to the Court here, the &s;aid <HI>M.</HI> to be Executrix of the Will afore&s;aid, and thereupon to have Admini&s;tration, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>R. <HI>D.</HI> lately of,
<NOTE PLACE="marg"><HI>London,</HI> &s;&s;. <HI>Debt by a Sur|geon for curing a Wound,</HI> Mich. 6 Jac. Rot. 660.</NOTE> <HI>&amp;c.</HI> was &s;ummoned to an&s;wer <HI>A. Doughton</HI> of a Plea, That he render him fifty &s;hillings which he owes him, and unju&s;tly detains, <HI>&amp;c.</HI> and whereupon the &s;aid <HI>A.</HI> by <HI>L. B.</HI> his At|torney, &s;ays, That whereas the afore &s;aid <HI>R.</HI> (&s;uch a day and year) at <HI>London,</HI> in the Pari&s;h of Saint <HI>Mary-Bow,</HI> in the Ward of <HI>Cheap,</HI> did retain him the &s;aid <HI>A.</HI> to cure him the &s;aid <HI>R.</HI> of a certain wound in the right &s;ide of his bre&s;t, of which the afore&s;aid <HI>R.</HI> did then langui&s;h, taking of him the &s;aid <HI>R.</HI> for curing of the afore&s;aid wound of the &s;aid <HI>R.</HI> the afore&s;aid fifty &s;hillings, to be paid to him the &s;aid <HI>R.</HI> when he &s;hould be thereunto required, by vertue of which retainder, he the &s;aid <HI>A.</HI> the afore&s;aid <HI>R.</HI> of the wound afore&s;aid, afterwards at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid did cure, by which the Action did accrue to him the &s;aid <HI>A.</HI> to require and have of the afore&s;aid <HI>R.</HI> the afore&s;aid fifty &s;hillings; yet the afore&s;aid <HI>R.</HI> although often required the afore|&s;aid fifty &s;hillings to him the &s;aid <HI>A.</HI> he hath not rendred, but the &s;ame to him hitherto to render hath denied, and as yet doth deny, whereupon he &s;aith, that he is damnified, and hath damage to the value of five pounds, and thereupon he brings his Action, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>J. R.</HI>
<NOTE PLACE="marg"><HI>E&s;&s;ex,</HI> &s;&s;. <HI>Debt brought by an A&s;&s;ignee in Rever&s;ion for Reat,</HI> Trin. 20 Jac. Rot. 1002.</NOTE> lately of <HI>B.</HI> in the County of, <HI>&amp;c.</HI> otherwi&s;e called <HI>J. R.</HI> of <HI>B.</HI> in the &s;aid County of <HI>E&s;&s;ex,</HI> Gentleman, was &s;ummoned to an&s;wer <HI>J. R.</HI> of a Plea, That he render him fourteen pounds which he owes him, and unju&s;tly detains, <HI>&amp;c.</HI> and whereupon the &s;aid <HI>J. R.</HI> by <HI>John Rowley</HI> his Attorney, &s;ays, That whereas one <HI>J. Paterno&s;ter,</HI> and <HI>Agnes</HI> his wife, were &s;eized of one Me&s;&s;uage, and five acres of Land, with the Appurtenances in <HI>B.</HI> afore&s;aid, in their Deme&s;ne as of Free-hold for term of the lives of them the &s;aid <HI>J. P.</HI> and <HI>A.</HI> and the longer liver of either of them, and being &s;o thereof &s;eized, the &s;aid <HI>J. P.</HI> (&s;uch a day and year) at <HI>B.</HI> afore&s;aid by his certaine Indenture made between him and the &s;aid <HI>J. P.</HI> of the one part, and the afore&s;aid <HI>J. R.</HI> of the other part, which &s;aid other part, with the Seal of the afore&s;aid <HI>J. P.</HI> &s;igned, the afore&s;aid <HI>J. R.</HI> brings here into Court, the Date whereof, is the &s;ame day and year, did demi&s;e, and to Farm let unto the afore&s;aid <HI>J. R.</HI> the Tenements afore&s;aid, with the Appurtenances, by the name of that whole Me&s;&s;uage, with the Appurtenances, then in the Tenure of <HI>R. F.</HI> lying in <HI>B.</HI> afore&s;aid, as al&s;o of that whole Barn or Cot|tage
<PB N="97" REF="51">and Clo&s;e, with the Appurtenances lately in the Tenure of <HI>W. R.</HI> containing by E&s;timation, five acres, whether more or le&s;&s;e, lying al&s;o in <HI>B.</HI> afore&s;aid, between the Kings. way there of the one part, and the Land, in the Tenure of <HI>M. L.</HI> or his A&s;&s;igns of the other part, one head whereof abuts upon the Tenements of <HI>Cyprian Vintney</HI> towards the North, and the other head upon the Lane or Cha&s;e towards the South, To have and to hold the afore&s;aid Tenements, with the Appurtenances, to the afore&s;aid <HI>J. R.</HI> his Exceutors and A&s;&s;igns from the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel then la&s;t pa&s;t, before the date of the &s;aid Indenture, unto the end and term of fifteen years, from thence next following, to be fully compleat and ended, ren|dering and paying therefore yearly, during the fir&s;t two years of the &s;aid term, one peny of lawfull money of <HI>England,</HI> at the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, if it be lawfully demanded, and rendring and paying therefore yearly, during the whole re&s;idue of the &s;aid term, &s;even pounds of lawful money of <HI>England,</HI> at the &s;aid Fea&s;t: By vertue of which &s;aid Demi&s;e, the afore&s;aid <HI>J. R.</HI> immediately af|ter the making of the afore&s;aid Indenture, into the Tenements afore|&s;aid, with the Appurtenances, as afore demi&s;ed, did enter, and was thereof po&s;&s;e&s;&s;ed; and &s;o being thereof po&s;&s;e&s;&s;ed, and the afore|&s;aid <HI>J. P.</HI> and <HI>A.</HI> his wife, of the Rever&s;ion of the Tenements afore|&s;aid, with the Appurtenance in their Deme&s;ne as of Free-hold for term of their lives, and the longer liver of either of them in form afore|&s;aid being &s;eized, the afore&s;aid <HI>A.</HI> after the making of the Indenture afore&s;aid, <HI>to wit,</HI> (&s;uch a day, year, and place) afore&s;aid, died of &s;uch her E&s;tate, of, and in the Premi&s;es afore&s;aid &s;eized, and the afore&s;aid <HI>J. P.</HI> &s;urvived her, and was &s;ole &s;eized of the Rever&s;ion of the afore&s;aid Tenements, with the Appurtenances, as of his Free-hold for term of his life of him the &s;aid <HI>J.</HI> and the afore&s;aid <HI>J. P.</HI> of the &s;ame Rever&s;ion, being &s;o &s;eized, and the afore&s;aid <HI>J. R.</HI> of the Tenements afore&s;aid with the Appurtenances in form afore&s;aid being po&s;&s;e&s;&s;ed, the &s;ame <HI>J. P.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day and year) at <HI>B.</HI> afore&s;aid, by his cer|tain Writing indented with the Seal of him the &s;aid <HI>J. P.</HI> &s;ealed, and here in Court &s;hewen, who&s;e date is the &s;ame day and year, did de|mi&s;e and grant to the afore&s;aid <HI>J. R.</HI> the afore&s;aid Tenements with the Appurtenances, to have and to hold to the afore&s;aid <HI>J. R.</HI> his Execu|tors and A&s;&s;igns, from the time of the making of the &s;ame Writing, unto the end of the term of eighty years from thence next following, if the afore&s;aid <HI>J.</HI> &s;hould &s;o long live; unto which &s;aid Grant to the afore&s;aid <HI>J. R.</HI> by the afore&s;aid <HI>J. P</HI> made as afore&s;aid, the afore&s;aid <HI>J. R.</HI> of the Tenements afore&s;aid, in form afore&s;aid, being po&s;&s;e&s;&s;ed af|ter the making of the Writing indented afore&s;aid, and before the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, then next following, <HI>to wit,</HI> (&s;uch a day, year, and place) did thereunto to the afore&s;aid <HI>J. R.</HI>
<NOTE PLACE="marg">The attornment of the Tenant,</NOTE> attorn and agree, by vertue of the which Grant of the afore&s;aid <HI>J. P.</HI> and by
<PB N="98" REF="52">force of the Attornment of the &s;aid <HI>J. R.</HI> to him the &s;aid <HI>J. R.</HI> as afore|&s;aid made, the &s;ame <HI>J. R.</HI> was, and yet is po&s;&s;e&s;&s;ed of the Rever&s;ion of the afore&s;aid Tenements, with the Appurtenances, for, and during the whole re&s;idue of the &s;aid term of eighty years, then, and as yet to come unexpired, if the afore&s;aid <HI>J. P.</HI> &s;hould &s;o long live: and the afore&s;aid <HI>J. R.</HI> being &s;o thereof po&s;&s;e&s;&s;ed; and the afore&s;aid <HI>J. R.</HI> of the afore&s;aid Tenements, with the Appurtenances, as afore&s;aid, being po&s;&s;e&s;&s;ed, the afore&s;aid fourteen pounds of the Rent afore&s;aid, for the afore&s;aid Tenements, at the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel in the nineteenth year of the King that now is, for two years then ended, to him the &s;aid <HI>J. R.</HI> were in arrear, and as yet remain unpaid, by which the Action did accrue to him the &s;aid <HI>J. R.</HI> to require and have of the afore&s;aid <HI>J. R.</HI> the fourteen pounds afore&s;aid; yet the afore&s;aid <HI>J. R.</HI> although often required the afore&s;aid fourteen pounds, to him the &s;aid <HI>R.</HI> he hath not rendred it; but the &s;ame to him hitherto to render, he hath denied, and as yet doth deny; whereupon he &s;aith, that he is damnified, and hath damage to the value of ten pounds, and there|upon he brings his Action, <HI>&amp;c.</HI> with this, that he the &s;aid <HI>J. R.</HI> will aver, that the afore&s;aid <HI>J. P.</HI> as yet is alive, and in full health, that is to &s;ay, at <HI>B.</HI> afore&s;aid.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>LOndon,</HI>
<NOTE PLACE="marg"><HI>Debt upon a Bi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">l for mat<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">er accruing after making and &s;ealing of the Bill,</HI> Trin. 20. <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">c. Rot. 2970.</NOTE> &s;&s;. <HI>G. Shillitoe,</HI> lately of <HI>London,</HI> E&s;quire, otherwi&s;e called <HI>G. Shillitoe</HI> of <HI>Gray&s;-Inne</HI> in <HI>Holborn,</HI> in the Connty of <HI>Middle|&s;ex,</HI> E&s;quire, was &s;ummoned to an&s;wer <HI>John Hatt</HI> of a Plea, that he render him twenty pounds which he owes him, and unju&s;tly de|tains, <HI>&amp;c.</HI> And thereupon, the &s;ame <HI>J.</HI> by <HI>W. Smythier</HI> his Attorney, &s;ays, That whereas the afore&s;aid <HI>George,</HI> (&s;uch a day, year, and place) by his certain Bill Obligatory, which the &s;aid <HI>J.</HI> with the Seal of the afore&s;aid <HI>G.</HI> &s;igned here in Court produces, who&s;e date is the &s;ame day and year, did acknowledge him&s;elf to owe to him the &s;aid <HI>J.</HI> five pounds and twelve &s;hillings of lawfull money of <HI>England,</HI> to be paid upon the twentieth day of the &s;ame in&s;tant Month of <HI>No|vember:</HI> And for the &s;ame payment truly to be paid at the hou&s;e of him the &s;aid <HI>J.</HI> in little <HI>Alhallows Thame&s;treet London,</HI> upon the day afore&s;aid, and for all Beer which the afore&s;aid <HI>G.</HI> &s;hould receive of him the &s;aid <HI>J.</HI> between the making of the Bill afore&s;aid, and the eight and twentieth day of <HI>March</HI> then next following, at &s;uch rates as the &s;ame &s;hould be delivered, the afore&s;aid <HI>G.</HI> did binde him&s;elf, his Heirs, Executors, and Admini&s;trators in twenty pounds of lawfull money of <HI>England,</HI> to be paid to him the &s;aid <HI>J.</HI> his Executors or Admini&s;trators, if default &s;hould be made in part or in whole, as is afore&s;aid by the &s;ame Bill, as by the &s;ame &s;ame Bill more fully is ma|nife&s;t: And the afore&s;a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d <HI>J.</HI> in fact &s;aith, that he, after the making of the Bill afore&s;aid, and before the &s;aid eight and twentieth day of <HI>March</HI>
<PB N="99" REF="52">then next following, <HI>to wit,</HI> the fir&s;t day of <HI>February,</HI> in the year one thou&s;and &s;ix hundred and twenty afore&s;aid, at <HI>London,</HI> in the Pari&s;h and Ward afore&s;aid, did &s;ell and deliver to the afore&s;aid <HI>G.</HI> three bar|rells of Beer, at the rate of ten &s;hillings for each barrell thereof; and four other barrells of Beer, according to the rate of &s;ix &s;hillings for every barrell thereof; which &s;aid barrells of Beer, the afore&s;aid <HI>G.</HI> at the rates afore&s;aid of him the &s;aid <HI>J.</HI> then and there received: And the afore&s;aid <HI>J.</HI> by prote&s;tation, &s;aith, That the afore&s;aid <HI>G.</HI> paid not to him the &s;aid <HI>J.</HI> any of the &s;ums of money above &s;pecified, accord|ing to the form and effect of the Bill afore&s;aid: In fact he the &s;aid <HI>J.</HI> further &s;aith, That the afore&s;aid <HI>G.</HI> did not pay to him the &s;aid <HI>J.</HI> the afore&s;aid five pounds and twelve &s;hillings upon the afore&s;aid twentieth day of <HI>November,</HI> which he ought to have paid unto him upon the &s;ame day, according to the form and effect of the Bill afore|&s;aid, by which the Action did accrue to him the &s;aid <HI>J.</HI> to require and have of the afore&s;aid <HI>G.</HI> the afore&s;aid twenty pounds; yet the afore|&s;aid <HI>G.</HI> although often required the afore&s;aid twenty pounds to him the &s;aid <HI>J.</HI> he hath not as yet rendred, but the &s;ame to him hitherto to render hath denied, and as yet doth deny, whereupon he &s;aith he is damnified, and hath damage to the value of ten pounds, and there|upon he brings his Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>J. L.</HI> was &s;ummoned to an&s;wer the Keepers, <HI>&amp;c.</HI> and <HI>T. N.</HI>
<NOTE PLACE="marg">&V;pon the Sta|tute again&s;t fraudulent gifts, again&s;t him who a|voweth a frau|dulent gift to defraud the Plaintiff of his ju&s;t Debt, whereby he forfeited the value of the goods.</NOTE> who as well for the &s;aid Keepers, <HI>&amp;c.</HI> as for him&s;elf followeth, of a Plea, That he render to the &s;ame <HI>T.</HI> one hundred pounds which to the &s;aid Keepers, <HI>&amp;c.</HI> and the &s;ame <HI>T.</HI> he oweth and unju&s;tly detaineth, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>T.</HI> who as well, <HI>&amp;c.</HI> by <HI>C. B.</HI> his Attorney, &s;aith, That whereas in the Statute in the Parliament of the Lady <HI>Eliza|beth,</HI> late Queen here, (that is to &s;ay) at <HI>W.</HI> in the County of <HI>M.</HI> the &s;econd day of <HI>A.</HI> in the thirteenth year of her Reign, held and pub|li&s;hed, among&s;t other things, <HI>&amp;c.</HI> (reciting the Statute) And where|as one <HI>W. T.</HI> the la&s;t day of <HI>J.</HI> (in &s;uch a year) was indebted to the &s;aid <HI>T.</HI> who, <HI>&amp;c.</HI> in &s;eventy eight pounds and eighteen &s;hillings, and the &s;ame day and year at <HI>N.</HI> was po&s;&s;e&s;&s;ed of divers goods and chat|tells, (that is to &s;ay) of eighteen pieces of double Bays, &s;ix pieces of &s;ingle Bays, <HI>&amp;c.</HI> as of his proper goods and chattells; and being thereof &s;o po&s;&s;e&s;&s;ed, and in the afore&s;aid &s;eventy eighty pounds and eighteen &s;hillings to the &s;ame <HI>T.</HI> as afore&s;aid, being likewi&s;e indebted, afterwards, (that is to &s;ay) the afore&s;aid la&s;t day of <HI>J.</HI> (in &s;uch a year) afore&s;aid at <HI>N.</HI> afore&s;aid, by fraude, collu&s;ion, and deceit, between him the &s;aid <HI>W.</HI> and the afore&s;aid <HI>J.</HI> devi&s;ed, and forethought of, and to defraud, hinder, and defer him the &s;aid <HI>T.</HI> of his Debt afore|&s;aid, hath given and aliened the afore&s;aid goods and chattells to the &s;aid <HI>J.</HI> after which &s;aid gift and alienation, &s;o by fraud and collu|&s;ion
<PB N="100" REF="53">made and had, (that is to &s;ay) the &s;ame la&s;t day of <HI>J.</HI> (in &s;uch a year) afore&s;aid, the &s;ame <HI>T.</HI> at <HI>N. N.</HI> afore&s;aid, according to the cu&s;tom of the City of <HI>Norwich,</HI> time out of minde u&s;ed, did endea|vour and pretend to attach the afore&s;aid <HI>W.</HI> by the goods and chattels afore&s;aid, for the more &s;ure recovery of his Debt afore&s;aid: And the afore&s;aid <HI>T.</HI> that perceiving and knowing his gift and alienation afore|&s;aid by fraud and collu&s;ion to be made and had, to the intent to hinder and defer him the &s;aid <HI>T.</HI> of his Debt afore&s;aid, and to hinder the &s;aid Attachment, according to the cu&s;tom of the City afore&s;aid, from being done, the Statute afore&s;aid not caring for, neither the pain in the &s;ame contained, fearing afterwards, (that is to &s;ay) the &s;ame la&s;t day of <HI>J.</HI> (in &s;uch a year) at <HI>N.</HI> afore&s;aid, knowingly and voluntari|ly did avow and maintain the gift and alienation afore&s;aid, as true and hone&s;t, and an Act had and done in good faith, and upon good con&s;ideration, in contempt of the &s;aid Keepers, <HI>&amp;c.</HI> And to the greivous damage of him the &s;aid <HI>T.</HI> and again&s;t the form of the Statute afore|&s;aid; by rea&s;on of which &s;aid Avowrie, and maintaining of the gift and alienation afore&s;aid, the &s;aid <HI>T.</HI> did altogether de&s;i&s;t to pro&s;ecute the Attachment of the goods and chattells afore&s;aid, according to the cu&s;tom of the City afore&s;aid: and the &s;aid <HI>T.</HI> &s;aith, That the goods and chattells afore&s;aid, at the time of the gift and alienation afore&s;aid, were worth an hundred and &s;eventy pounds, by which Action accrued to the &s;aid <HI>T.</HI> who (by the &s;aid covinous and fraudulent gift and ali|enation, Avowry, and by the maintaining as afore&s;aid of his ju&s;t Debt afore&s;aid) is hindred and retarded, to have and require of the afore&s;aid <HI>J.</HI> for the &s;ame Keepers, <HI>&amp;c.</HI> and for him&s;elf the afore&s;aid hundred and &s;eventy pounds, yet the &s;ame <HI>J,</HI> although often required, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>ANd whereupon,
<NOTE PLACE="marg">Debt by A&s;&s;ignee upon the Sta|tute of Bank|rupt.</NOTE> <HI>&amp;c.</HI> he &s;aith, That whereas the afore&s;aid De|fendant (&s;uch a day and year) had bought of one <HI>P. E.</HI> four Rheams of Paper for, <HI>&amp;c.</HI> And whereas the afore&s;aid <HI>P. E.</HI> (&s;uch a day and year) was indebted to the &s;aid <HI>J.</HI> and to one <HI>A. B.</HI> and <HI>V.</HI> and divers other per&s;ons, being Creditors of the &s;aid <HI>P. E.</HI> born Subjects of this Nation of <HI>E.</HI> in divers &s;ums of money, in the whole amounting to one hundred pounds of lawfull money of <HI>England:</HI> and he the &s;aid <HI>P. E.</HI> being &s;o indebted, and the afore&s;aid fourty eight pounds &s;ixteen &s;hillings and four pence, being wholly paid to the &s;aid <HI>P. E.</HI> by the &s;aid <HI>F.</HI> the &s;ame <HI>P.</HI> afterwards, (that is to &s;ay, &s;uch a day and year) at <HI>L.</HI>
<NOTE PLACE="marg">Beg<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n to keep his hou&s;e, and &s;o became a Bank<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">upt.</NOTE> in the Pari&s;h and Ward afore&s;aid, with an intent to defraud (the &s;ame <HI>J.</HI> and other Creditors of the &s;aid <HI>P. E.</HI> of the Debts afore&s;aid, bing altogether unpaid) did begin to keep his Hou&s;e there being; and thereupon the &s;ame <HI>P. E.</HI> (&s;uch a day and year) afore&s;aid, at <HI>L.</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, manife&s;tly be|came a Bankrupt, which &s;aid <HI>P.</HI> the afore&s;aid time, in which he &s;o
<PB N="101" REF="53">as afore&s;aid became a Bankrupt, was, and yet is, a Born-Subject of this Nation (that is to &s;ay) at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid: And then, and for many years before that time, in the &s;ame Pari&s;h did &s;eek his Trade of living by way of Buying and Selling: And whereas af|terwards (that is to &s;ay) &s;uch a Day and Year, at <HI>W.</HI> in the County of <HI>Middle&s;ex,</HI> at the Petition of the &s;aid <HI>A. B.</HI> and <HI>J. V.</HI>
<NOTE PLACE="marg">The Commi&s;&s;ion out of Chancery at the Petition of the Creditors.</NOTE> and other Creditors of the &s;aid <HI>P. E.</HI> then exhibited and made to <HI>Thomas Ele&s;|mere,</HI> Lord Chancellor of <HI>England,</HI> for their remedy again&s;t the &s;aid <HI>P. E.</HI> then being a Bankrupt, in this behalf, to be had to the &s;ame <HI>A. B.</HI> and <HI>J.</HI> and other the Creditors of the &s;aid <HI>P. E.</HI> of their Debts afore&s;aid, then being unpayd, or &s;atisfied, a certain Commi&s;&s;ion of our Lord the King, <HI>&amp;c.</HI> upon the Statute again&s;t Bankrupts publi&s;h|ed and provided, &s;ealed under the Great Seal of <HI>England</HI> of the &s;aid King, and here in Court produced, bearing Date at <HI>W.</HI> afore&s;aid (&s;uch a Day and Year) to one <HI>J. S.</HI> E&s;quire, <HI>H. S.</HI> E&s;quire, <HI>J. H.</HI> Merchant, <HI>R. H.</HI> Merchant, and <HI>W. R.</HI> Merchant, was directed, by which &s;aid Commi&s;&s;ion the &s;aid Lord the King, <HI>&amp;c.</HI> gave full power to the &s;aid Commi&s;&s;ioners, four or three of them, whereof the afore|&s;aid <HI>J. S.</HI> or <HI>H. S.</HI> &s;hould be one, according to the &s;everal Statutes of Bankrupts in &s;uch ca&s;e publi&s;hed, and provided in the &s;aid Commi&s;&s;ion mentioned, not onely concerning the &s;aid Bankrupts Body, Lands, Freehold, and cu&s;tomary Goods, Debts, and other things what&s;oever; but al&s;o concerning all other Per&s;ons, which by plain concealment, or otherwi&s;e, had or &s;hould offend, touching the Premi&s;&s;es afore&s;aid, or any part thereof, again&s;t the intent or provi&s;ion of the &s;aid Sta|tutes, or either of them, to do and execute according to the &s;aid Sta|tutes, or both of them, all and every thing or things what&s;eover, to|wards &s;atisfaction and payment of the Creditors afore&s;aid, as towards and for all other intents and purpo&s;es, according to the Ordinance and Provi&s;ion of the &s;aid Statutes, by which Commi&s;&s;ion the &s;aid King, <HI>&amp;c.</HI> willed, and gave in Command, That the &s;aid Commi&s;&s;i|oners, four or three of them (whereof the &s;aid <HI>J. S.</HI> or <HI>H. S.</HI> &s;hould be one) to proceed to the Execution and accompli&s;hment of the &s;aid Commi&s;&s;ion, according to the true intent and meaning of the afore&s;aid &s;everal Statutes, and both of them with all Diligence and Effect, ac|cording to the &s;pecial Tru&s;t of the &s;aid King, <HI>&amp;c.</HI> in them repo&s;ed, as by the &s;ame Commi&s;&s;ion more fully is manife&s;t and appeareth: By vertue of which &s;aid Commi&s;&s;ion, and by force of the Statutes afore&s;aid, the &s;aid <HI>R. H.</HI> and <HI>W.</HI> for the better remedy of the Credi|tors afore&s;aid, after mature Deliberation thereof taken afterwards,
<NOTE PLACE="marg">Indenture of a&s;&s;ignment to the Credito. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">,</NOTE> that is to &s;ay (&s;uch a Day and Year) at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid, by a certain Indenture of A&s;&s;ignment between them the &s;aid <HI>R. H.</HI> and <HI>W.</HI> of the one part, and the &s;aid <HI>P. J.</HI> and <HI>J.</HI> of the other part made, which other part, &s;igned with the Seals of them the &s;aid <HI>H. R.</HI> and <HI>W.</HI> the &s;ame <HI>P. J.</HI> and <HI>J.</HI> produce here in Court, the
<PB N="102" REF="54">Date whereof is the &s;ame day and year,
<NOTE PLACE="marg">Averment that it is one and the &s;ame Debt, and as well to the u&s;e of the Plaintiff as to the other Cre|di<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ers.</NOTE> te&s;tifying, That whereas, <HI>&amp;c.</HI> (reciting the Indenture) as by the &s;ame Indenture, among&s;t other things more fully appeareth: And the &s;ame <HI>P. J.</HI> and <HI>J.</HI> in fact &s;ay, That the &s;aid Debt of forty &s;even pounds five &s;hillings and four pence is in the Schedule afore&s;aid, among&s;t other things, to the &s;aid Indenture annex|ed, and among&s;t other things to the &s;aid <HI>P. J.</HI> and <HI>J.</HI> by the &s;ame In|denture, by the Commi&s;&s;ioners afore&s;aid a&s;&s;igned, and the afore&s;aid Debt of &s;even and forty pounds five &s;hillings and four pence above &s;pecified, is the &s;ame Debt, and not another, nor divers, and is as well to the u&s;e of the &s;aid <HI>P. J.</HI> and <HI>J.</HI> as to the u&s;e of the re&s;t of the Cre|ditors of the &s;aid <HI>P. E.</HI> by which, and by force of the Statutes afore|&s;aid, Action hath accrued to the &s;aid <HI>P. J.</HI> and <HI>J.</HI> to require and have, <HI>&amp;c. Trin.</HI> 13 <HI>Jac. Rot.</HI> 3665.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>H. G. &amp;c.</HI>
<NOTE PLACE="marg">&V;pon a Bill for payment of Mo|ney and Chat|tels.</NOTE> otherwi&s;e called, <HI>&amp;c.</HI> to an&s;wer <HI>T. D.</HI> of a Plea, That he render to him ten pounds, which he oweth to him, and unju&s;t|ly detaineth, and one Nag of the price of an hundred &s;hillings, and Goods and Chattels to the value of one hundred &s;hillings, which from him he unju&s;tly detaineth, <HI>&amp;c.</HI> and whereupon, <HI>&amp;c.</HI> &s;aith, That whereas, <HI>&amp;c.</HI> by a certain Bill obligatory, which the &s;aid Plaintiff, &s;ealed with the Seal of the &s;aid Defendant, produceth here in Court, the Date whereof is the &s;ame Day and Year he acknowledged him&s;elf to owe to the &s;aid Plaintiff ten pounds of lawful Mony of <HI>England,</HI> one Gelding called a Nag, of the price of an hundred &s;hillings, and one Velvet Saddle, bound about with Gold Lace, <HI>&amp;c.</HI> to be payd to the &s;aid <HI>T.</HI> at the day of Marriage, or at the day of the Death of the &s;aid Defen|dant, which &s;hould fir&s;t happen, and to the &s;ame payment, <HI>&amp;c.</HI> by the &s;aid Bill: and the &s;aid Plaintiff in fact &s;aith, That the afore&s;aid <HI>H.</HI> after the making of the Bill afore&s;aid, and before the Day of the i&s;&s;u|ing forth of the Original Writ of him the &s;aid Plaintiff (that is to &s;ay, &s;uch a Day and Year) at <HI>C.</HI> afore&s;aid, took to Wife one <HI>A. B.</HI> by which Action accrued to the &s;ame <HI>T.</HI> to require and have of the a|fore&s;aid <HI>H.</HI> the &s;aid ten pounds, and the Gelding afore&s;aid, and the Goods and Chattels afore&s;aid; yet the &s;aid <HI>H.</HI> although often requi|red, the &s;aid ten pounds, the Gelding, and the &s;aid Goods and Chattels to the &s;ame <HI>T.</HI> hath not yet rendered, but the &s;ame hitherto to render to him hath denyed, and yet doth deny, and the Gelding, and Goods and Chattels afore&s;aid unju&s;tly doth detain: Whereupon, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>HIS Action ought not,
<NOTE PLACE="marg">Bar by a gene|ral Acquit|<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ce.</NOTE> <HI>&amp;c.</HI> becau&s;e he &s;aith, That after the making of the Writing afore&s;aid (that is to &s;ay, &s;uch a Day and Year) the &s;aid Plaintiff, by his certain Bill of Acquittance, which the &s;aid De|fendant &s;igned with the Seal of him the &s;aid Plaintiff, here in Court
<PB N="103" REF="54">produceth, the Date whereof is the &s;ame Day and Year, he acquitted and di&s;charged him the &s;aid Defendant by the name of, <HI>&amp;c.</HI> of all Acti|ons, Plaints, Demands, Debts, Accounts, and Debates, for the &s;ame <HI>R. W.</HI> and in his name executed and a&s;&s;igned, from the begining of the World until the Day of the Date of the &s;ame Bill: And this, <HI>&amp;c.</HI> if Judgment, <HI>&amp;c.</HI></P>
<P>The Plaintiff &s;aith, That he ought not to be barred, <HI>&amp;c.</HI>
<NOTE PLACE="marg">It is not the Plaintiffs deed.</NOTE> becau&s;e he &s;aith, That the afore&s;aid Bill of Acquittance is not his Deed: And this he prayeth, <HI>&amp;c.</HI> twelve, <HI>&amp;c. Trin.</HI> 7 <HI>Jacobi, Rot.</HI> 1420.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND whereupon, <HI>&amp;c.</HI> &s;aith, That whereas one <HI>T. H.</HI>
<NOTE PLACE="marg">By the Heir up|on an Indenture made by his An|ce&s;tor again&s;t his Executor of a Le&s;&s;ee for<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ent behinde in the life of the Le&s;|&s;ee, and after<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</NOTE> Father of him the &s;aid <HI>T. H.</HI> (&s;uch a Day and Year) at <HI>G.</HI> by his certain Indenture, made between him the &s;aid <HI>T. H.</HI> the Father, of the one part, and the &s;aid <HI>R. S.</HI> of the other part, which other part &s;igned with the Seal of the &s;aid <HI>R S.</HI> the &s;ame <HI>T. H.</HI> the Son here in Court produceth, the Date whereof is the &s;ame Day and Year, demi&s;ed to the &s;aid <HI>R. S.</HI> in his life, fifty Acres of Lands, with the Appurtenan|ces, in <HI>O.</HI> in the County afore&s;aid, to hold and occupy from, <HI>&amp;c.</HI> fully to be compleat and ended, yielding, <HI>&amp;c.</HI> (&s;uch a Rent:) By vertue of which Demi&s;e, the &s;aid <HI>R. S.</HI> into the Tenements afore&s;aid, with the Appurtenances, did enter, and was thereof po&s;&s;e&s;&s;ed; and being thereof &s;o po&s;&s;e&s;&s;ed, and the &s;aid <HI>T. H.</HI> the Father, <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">eing of the Re|ver&s;ion thereof &s;eized in his Deme&s;n as of Fee, the &s;aid <HI>T. H.</HI> the Fa|ther (&s;uch a Day and Year) at <HI>O.</HI> afore&s;aid,
<NOTE PLACE="marg">The Father dy|eth.</NOTE> dyed of &s;uch his E&s;tate thereof &s;eized; after who&s;e Death, the Rever&s;ion of the Tenements afore&s;aid, with the Appurtenances, did de&s;cend to the &s;ame <HI>T. H.</HI>
<NOTE PLACE="marg">The Son was &s;eized of the Rever&s;ion.</NOTE> the Son, as Son and Heir of the afore&s;aid <HI>T. H.</HI> the Father, by which the &s;ame <HI>T. H.</HI> the Son was &s;eized of the Rever&s;ion of the Tenements a|fore&s;aid, and of the Rent afore&s;aid, in his Deme&s;n as of Fee: And he the &s;aid <HI>T. H.</HI> the Son, being thereof &s;o &s;eized, and the afore&s;aid <HI>R. S.</HI> of the Tenements afore&s;aid, with the Appurtenances, in form afore|&s;aid, being po&s;&s;e&s;&s;ed, the afore&s;aid <HI>R.</HI> (&s;uch a Day and Year) at <HI>O.</HI>
<NOTE PLACE="marg">The Le&s;&s;ee dy<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">.</NOTE> a|fore&s;aid, dyed thereof po&s;&s;e&s;&s;ed, and ten pounds of the afore&s;aid twenty pounds of the Rent afore&s;aid, for one half year, ending at the Fea&s;t of, <HI>&amp;c.</HI> in the year, <HI>&amp;c.</HI> at the &s;ame Fea&s;t, and by eight Days then next following, in the life of the &s;aid <HI>R.</HI> and other ten pounds, re&s;idue of the &s;aid twenty pounds of the Rent afore&s;aid, for one half year, ending at, <HI>&amp;c.</HI> at the &s;ame Fea&s;t, and by eight days then next following, after the Death of the &s;aid <HI>R.</HI> payable, were unpayd, by which the Action accrued to the &s;ame <HI>T. H.</HI> the Son, to have and re|quire of the &s;aid <HI>R.</HI> in his life, the &s;aid ten pounds of the &s;aid twenty pounds, and of the &s;aid Defendant after the Death of the &s;aid <HI>R.</HI> the other ten pounds, re&s;idue of the afore&s;aid twenty pounds, yet the &s;aid <HI>R. S.</HI> in his life, although often required, the &s;aid ten pounds of
<PB N="104" REF="55">the &s;aid twenty pounds, and the &s;aid Defendant, after the Death of him the &s;aid <HI>R.</HI> although often required, the &s;aid other ten pounds, re|&s;idue of the &s;aid twenty pounds, to the &s;ame <HI>T. H.</HI> hath not rendered, but have denyed to render to him the &s;ame, and the &s;aid Defendant doth yet deny to render to him the &s;ame, and unju&s;tly detaineth; whereupon he &s;aith, <HI>&amp;c. P.</HI> 32 <HI>Eliz. Rot.</HI> 1609.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THerefore it is commanded to the Sheriff,
<NOTE PLACE="marg">A Relea&s;e plea|ded after the la&s;t continu|ance.</NOTE> That he cau&s;e to come, <HI>&amp;c.</HI> in five and twenty days of <HI>Ea&s;ter,</HI> twelve, <HI>&amp;c.</HI> the &s;ame day, <HI>&amp;c.</HI> At which day here came as well the afore&s;aid Plaintiff, as the &s;aid Defendant by their Attorneys afore&s;aid: And hereupon the &s;ame Defendant, relinqui&s;hing his Averment afore&s;aid, by him above pre|tended, &s;aith, That the afore&s;aid Plaintiff, after the la&s;t continuance of the Plea afore&s;aid (that is to &s;ay) after the afore&s;aid eight days of Saint <HI>Hillary</HI> la&s;t pa&s;t, and before this day (that is to &s;ay) from the &s;aid day of <HI>Ea&s;ter</HI> in fifteen days (that is to &s;ay, &s;uch a Day and Year) at <HI>London,</HI> in the Pari&s;h and Ward afore&s;aid, by a certain Writing of Relea&s;e, which the &s;aid Defendant, &s;igned with the Seal of the &s;aid Plaintiff, here in Court produces, the Date whereof is the &s;ame Day and Year, remi&s;ed, <HI>&amp;c.</HI> (as in the Relea&s;e more fully appeareth.) And this, <HI>&amp;c.</HI> Whereupon he prayeth Judgment, and that the &s;aid Plain|tiff may be barred from his Action afore&s;aid, <HI>&amp;c.</HI> whereupon the &s;aid Plaintiff prayeth licen&s;e to imparl here until, <HI>&amp;c.</HI> And he hath, <HI>&amp;c.</HI> The &s;ame Day is given to the &s;aid Defendant here, <HI>&amp;c.</HI> At which Day here came as well the afore&s;aid Plaintiff, as the &s;aid Defendant, by their Attorneys afore&s;aid: And hereupon the &s;ame Plaintiff &s;aith, That he cannot deny but the afore&s;aid Writing of Relea&s;e is the Deed of him the &s;aid Plaintiff,
<NOTE PLACE="marg">The Plaintiff take nothing by <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> Wr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t.</NOTE> as the &s;aid Defendant hath above alledged. There|fore it is con&s;idered of, That the &s;aid Plaintiff take nothing by his Writ afore&s;aid, but be in mercy for his fal&s;e clamor thereupon: And that the &s;aid Defendant go without Day, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>WHereupon,
<NOTE PLACE="marg">Debt. upon Ar|<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">cles.</NOTE> <HI>&amp;c.</HI> &s;aith, That by a certain Writing of Articles made at <HI>A.</HI> (&s;uch a Day and Year) between him the &s;aid Plain|tiff, of the one part, and the &s;aid Defendant of the other part, which other part &s;ealed with the Seal of the &s;aid Defendant, the &s;aid Plaintiff here in Court produceth, the Date whereof is the &s;ame Day and Year, it was covenanted, concluded, and agreed, in form fol|lowing (that is to &s;ay) Fir&s;t of all, that, <HI>&amp;c.</HI> as in the Articles, as by the &s;ame Writing of Articles more fully appeareth: And the &s;aid Plaintiff in fact &s;aith, That although the afore&s;aid Defendant hath
<PB N="105" REF="55">had and occupyed the free Egre&s;s and Regre&s;s in and upon the &s;aid Acres of Land called <HI>P.</HI> according to the form and effect of the Articles afore&s;aid, yet the &s;aid Defendant, although often required, the &s;aid twenty pounds to the &s;ame Plaintiff hath not yet, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the &s;aid Defendant defendeth, <HI>&amp;c.</HI> and prays hearing, <HI>&amp;c.</HI>
<NOTE PLACE="marg">The Plaintiff not damnifi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d, pleaded to a Counter-Bond.</NOTE> and it is read to him in the&s;e words; <HI>The Condition of this Obli|gation is &s;uch, That if the above bounden</HI> J. H. <HI>his Heirs, &amp;c. do, and &s;hall from time to time, and at all times hereafter, acquit and di&s;charge, or otherwi&s;e &s;ave and keep harmle&s;s the within named</HI> W. H. <HI>and</HI> T. D. <HI>and either of them, &amp;c. of and from all Lo&s;&s;es, Forfeitures, Costs, and Damages, which they or any of them &s;hall, or may at any time hereafter forfeit, lo&s;e, bear, or &s;ustain, for or by means of one Obligation bearing Date of the&s;e Pre&s;ents, wherein and whereby they the &s;aid</HI> W. <HI>and</HI> D. <HI>&s;tand joyntly and &s;everally bound with the &s;aid</HI> J. H. <HI>to one</HI> E. P. <HI>in the &s;um of ten Pounds, That then, &amp;c.</HI> Which being read, <HI>&amp;c.</HI> His Acti|on ought no<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, <HI>&amp;c.</HI> becau&s;e he &s;aith, That the &s;aid <HI>T.</HI> and <HI>W.</HI> or either of them, after the making of the Writing afore&s;aid here in Court brought, were not in any manner damnified, by rea&s;on of the afore&s;aid Writing Obligatory of ten pounds, in the Indor&s;ement afore&s;aid above &s;pecified, in which the afore&s;aid <HI>T.</HI> and <HI>W.</HI> together with the &s;ame <HI>J.</HI> for the Debt of him the &s;aid <HI>J.</HI> joyntly and &s;everally bound to the &s;aid <HI>E.</HI> and this, <HI>&amp;c.</HI> if Judgment, <HI>&amp;c.</HI></P>
<P>And the &s;aid Plaintiff &s;aith, <HI>&amp;c.</HI> ought not to be debarred, <HI>&amp;c.</HI>
<NOTE PLACE="marg">The Plaintiff for breach al|ledgeth a Suit pro&s;ecuted a|gain&s;t him, which co&s;t him thirty &s;hi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">lings, and &s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> was damnified.</NOTE> becau&s;e he &s;aith, That the afore&s;aid <HI>E.</HI> after the making of the Wri|ting afore&s;aid here in Court brought at <HI>C.</HI> afore&s;aid, took to Hu&s;|band one <HI>H. Band,</HI> that the &s;ame <HI>H</HI> and <HI>E.</HI> after E&s;pou&s;als between them celebrated, and before the i&s;&s;uing forth of the Original Writ of him the &s;aid <HI>T.</HI> (that is to &s;ay) &s;uch a Day and Year, for Recovery of the afore&s;aid ten pounds upon the afore&s;aid Writing Obligatory in the Indor&s;ement afore&s;aid above &s;pecified, did pro&s;ecute out of the Court of <HI>Chancery,</HI> of the Keepers, <HI>&amp;c.</HI> at <HI>We&s;tmin&s;ter</HI> in the Coun|ty of <HI>Middle&s;ex</HI> then being, a certain Original Writ of them the &s;aid Keepers, <HI>&amp;c.</HI> of Debt upon demand of the &s;aid ten pounds again&s;t him the &s;aid Defendant to the then Sheriff of <HI>E.</HI> directed, by which &s;aid Writ the &s;aid Keepers, <HI>&amp;c.</HI> commanded the &s;aid Sheriff, That he the &s;aid Sheriff &s;hould command, <HI>&amp;c.</HI> and unle&s;s, <HI>&amp;c.</HI> that he &s;hould &s;ummon, <HI>&amp;c.</HI> At which day the Sheriff returns, <HI>&amp;c.</HI> Pledges of pro&s;e|cuting, <HI>&amp;c.</HI> and Nichil, <HI>&amp;c.</HI> by which he could &s;ummon, <HI>&amp;c.</HI>
<NOTE PLACE="marg">C<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">pias <HI>award|ed.</HI></NOTE> There|fore it was commanded to the then Sheriff, That he &s;hould take, <HI>&amp;c.</HI> in three Weeks of St. <HI>Michael, &amp;c.</HI> Before which &s;aid three Weeks of St. <HI>Michael</HI> (that is to &s;ay) &s;uch a Day and Year at <HI>E.</HI> afore&s;aid, the &s;ame <HI>T.</HI> for his di&s;charge of the afore&s;aid Writing obligatory of ten pounds, and in part of payment of that Debt was forced and compel'd to expend
<PB N="106" REF="56">and lay out thirty &s;hillings; and &s;o the &s;aid <HI>T.</HI> &s;aith, That he was damnified by rea&s;on of the &s;aid Writing Obligatory of ten pounds, and this, <HI>&amp;c.</HI></P>
<P>And the &s;aid <HI>J. H.</HI> &s;aith,
<NOTE PLACE="marg">The Defendant &s;aith, that he in di&s;charge of the Plaintiff payd the money, and cau&s;ed the Bond to be delivered, and traver&s;eth the expence of thirty &s;hillings.</NOTE> That he (after the i&s;&s;uing forth of the Ori|ginal Writ afore&s;aid, and after the pro&s;ecuting of the afore&s;aid Writ of <HI>Capias,</HI> and before the return of the &s;ame Writ of <HI>Capias</HI> (that is to &s;ay) before the &s;aid three Weeks of Saint <HI>Michael,</HI> and before the afore&s;aid (&s;uch a Day and Year) (that is to &s;ay) &s;uch a Day and Year) at <HI>C.</HI> afore&s;aid, for the indemnifying of the &s;aid <HI>T.</HI> thereof, and for the Di&s;charge of the &s;aid <HI>T.</HI> from the &s;aid Writing Obligato|ry, and from that Suit, payd to the &s;aid <HI>H.</HI> and <HI>E.</HI> the whole and entire Debt of ten pounds, and all the Co&s;ts and Charges of the afore&s;aid <HI>H.</HI> and <HI>E.</HI> in and about that Debt expended and layd out; and al&s;o then and there did procure the afore&s;aid Writing Obligatory by the &s;aid <HI>H.</HI> and <HI>E.</HI> to be delivered and cancelled, and that the afore&s;aid Writing Obligatory of ten pounds, by the procurement of him the &s;aid <HI>J. H.</HI> then and there was delivered to the &s;aid <HI>T.</HI> and then and there after|wards and immediately cancelled, without this, That the afore&s;aid <HI>T.</HI> for Di&s;charge, <HI>&amp;c.</HI> and in part, <HI>&amp;c.</HI> thirty &s;hillings, or any peny thereof expended, or layd out, as, <HI>&amp;c.</HI></P>
<P>And the &s;aid <HI>T.</HI> as before,
<NOTE PLACE="marg">Judgment by Default after I&s;&s;ue tendered.</NOTE> &s;aith, That he for his Di&s;charge, <HI>&amp;c.</HI> and in part, <HI>&amp;c.</HI> was compelled and forced to expend and lay out thirty &s;hillings, as he above hath alledged, and this he prayeth may be enquired of by the Country, whereupon the afore&s;aid <HI>J. H.</HI> to an&s;wer to the Plea of the &s;aid Plaintiff la&s;t pleaded, &s;olemnly required, came not, but made Default, by which the &s;ame <HI>T.</HI> remaineth again&s;t the &s;aid <HI>J.</HI> thereof undefended; therefore it is con&s;idered of, That the &s;aid Plaintiff, <HI>&amp;c. H.</HI> 3 <HI>Jac. Rot.</HI> 701.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>WHereupon,
<NOTE PLACE="marg">Debt upon Re|tainder for &s;hoe|ing of Hor&s;es.</NOTE> <HI>&amp;c.</HI> &s;aith, That whereas the afore&s;aid Defendant (&s;uch a Day and Year) at <HI>B.</HI> had retained the &s;aid Plaintiff &s;et on upon the Hor&s;e-feet of the afore&s;aid Defendant forty new &s;hoos, and to remove forty Hor&s;e-&s;hooes, and to mend one pair of Plow-Irons, and to make one Fire Pan, to take of the &s;aid Defendant for &s;etting on of the afore&s;aid forty Hor&s;e &s;hooes one and twenty &s;hil|lings, and (of the other Parcels contracted for) to be payd to the &s;aid Plaintiff when he &s;hould be thereunto required; by vertue of which Retainer, the &s;aid Plaintiff, the &s;aid forty new Hor&s;e-&s;hooes up|on the Hor&s;e-feet did &s;et on, <HI>&amp;c.</HI> by which Action accrued, <HI>&amp;c. H.</HI> 37 <HI>Eliz. Rot.</HI> 517.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND whereupon the &s;ame Plaintiff,
<NOTE PLACE="marg">Debt for Felons Goods g<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">anted to the Plaintiff by Letters Pa|tents.</NOTE> by <HI>A. B.</HI> his Attorney, &s;aith, That whereas the afore&s;aid Defendant (&s;uch a Day and Year)
<PB N="107" REF="56">at <HI>E.</HI> by his certain Writing O<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ligatory, acknowledged him&s;elf to be bound to one <HI>A. H.</HI> in the afore&s;aid twenty pounds, to be payd to the &s;ame <HI>A. H.</HI> when he &s;hould be thereunto required, which &s;aid twenty pounds the afore&s;aid Defendant to the &s;aid <HI>A. H.</HI> hath not payd, and the afore&s;aid twenty pounds being &s;o unpayd, the &s;aid <HI>A. H.</HI> (&s;uch a Day and Year) before <HI>A. R.</HI> then one of the Coroners of the Queen, <HI>&amp;c.</HI> in the afore&s;aid County of <HI>W.</HI> upon view of the Body of the a|fore&s;aid <HI>E. L.</HI> there lying dead upon the Land, by the Oath of hone&s;t and lawful men of the &s;ame County, it was pre&s;ented, That the afore|&s;aid <HI>A. H.</HI> not having God before his eyes, but &s;educed by a Devili&s;h In&s;tigation, the afore&s;aid (&s;uch a Day and Year) the afore&s;aid <HI>E. L.</HI> at <HI>W.</HI> in the County afore&s;aid, did kill, again&s;t the publique Peace, and immediately after that killing, did for the Felony afore&s;aid with|draw him&s;elf, and run away, as by the &s;ame Inqui&s;ition, before the a|fore&s;aid Coroner remaining of Record, more fully appeareth, by rea|&s;on of which &s;aid Felony, and by force of the afore&s;aid Inqui&s;ition, before the afore&s;aid Coroner in form afore&s;aid taken, the &s;aid <HI>A. H.</HI> forfeited to the &s;aid Queen the afore&s;aid Writing Obligatory, and the &s;aid twenty Pounds in the &s;ame Writing contained, and the afore&s;aid twenty Pounds, &s;o as afore&s;aid forfeited to the &s;aid Queen (&s;uch a Day and Year) at <HI>W.</HI> in the County of <HI>M.</HI> by their Letters Patents, which the &s;aid Plaintiff, under their Seal &s;ealed, here in Court pro|duceth, the Date whereof is at <HI>W.</HI> afore&s;aid, the &s;ame Day and Year, did give and grant to the &s;aid Plaintiff, all and &s;ingular the Goods and Chattels, Debts and Specialties, of the afore&s;aid <HI>A. H.</HI> &s;o to the &s;aid Queen forfeited, as by the &s;ame Letters Patents more fully appeareth, by which Action accrued to the &s;aid Plaintiff, to require and have of the &s;aid Defendant the &s;aid twenty Pounds, <HI>&amp;c. T.</HI> 33 <HI>Eliz. Rot.</HI> 2219.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. <HI>Thom&s;on</HI> to an&s;wer <HI>J. New&s;ome</HI> fifty one &s;hillings and eight pence,
<NOTE PLACE="marg">Debt upon a re|covery in the County Court.</NOTE> <HI>&amp;c.</HI> And whereupon, <HI>&amp;c.</HI> That whereas he at the Court of the County of <HI>York,</HI> held at the Ca&s;tle of <HI>Y.</HI> on <HI>M.</HI> the twenty ninth Day of <HI>N.</HI> (in &s;uch a Year) before <HI>W. W.</HI> Knight, then Sheriff of the County afore&s;aid, by <HI>T.</HI> his Attorney, did affirm a certain Plaint again&s;t the afore&s;aid Defendant of a Plea of Tre&s;pa&s;s upon the Ca&s;e, and then and there found Pledges of pro&s;ecuting his Plaint (that is to &s;ay) <HI>J. D.</HI> and <HI>R. R.</HI>
<NOTE PLACE="marg">The levying of the Plaint be|fore the Sheriff onely.</NOTE> and prayed Proces for him thereupon to be made again&s;t the &s;aid Defendant of the Plea afore&s;aid, whereupon it was commanded to one <HI>W. S.</HI> then one of the Bayliffs of the &s;aid Sheriff and Mini&s;ter of the Court of the County afore&s;aid, That he &s;hould put by Sureties and &s;afe Pledges the afore&s;aid Defendant,
<NOTE PLACE="marg">The Precept to the Bayliff.</NOTE> that he might be at the next Court of the County afore&s;aid at the Ca&s;tle of <HI>York</HI> before the afore&s;aid Sheriff (&s;uch a Day) then next following
<PB N="108" REF="57">to be held, to an&s;wer the afore&s;aid Plaintiff of the afore&s;aid Plea, the &s;ame Day was given to the afore&s;aid <HI>J. N.</HI> there, <HI>&amp;c.</HI> whereupon the afore&s;aid Plaintiff put in his place the afore&s;aid <HI>T.</HI> again&s;t the afore&s;aid <HI>J. T.</HI> of the afore&s;aid Plea,
<NOTE PLACE="marg">Day was given to the Plaintiff.</NOTE> <HI>&amp;c.</HI> at which &s;aid Court (&s;uch a Day) be|fore the afore&s;aid <HI>W. W.</HI> then Sheriff of the County afore&s;aid, at the afore&s;aid Ca&s;tle of <HI>Y.</HI> holden,
<NOTE PLACE="marg">Warrant of At|torney for the Plaintiff.</NOTE> came as well the afore&s;aid Plaintiff by his Attorney afore&s;aid, as the &s;aid <HI>J. T.</HI> by <HI>D. B.</HI> his Attorney, and the afore&s;aid Bayliff did te&s;tifie, That the afore&s;aid <HI>J. T.</HI> was attached by Pledges, <HI>J. D.</HI> and <HI>R. R.</HI> whereupon the afore&s;aid <HI>J. N.</HI> then and there declaring again&s;t him the &s;aid <HI>J. T.</HI> in the Plaint afore&s;aid,
<NOTE PLACE="marg">Return of the Precept.</NOTE> &s;aid, That whereas, <HI>&amp;c.</HI> (declared upon a Promi&s;e) and thereof he brought Suit, <HI>&amp;c.</HI> and the afore&s;aid Defendant by the afore&s;aid <HI>B.</HI> his Attor|ney,
<NOTE PLACE="marg">Declaration in the County Coure.</NOTE> then and there defended the Force and Injury, when, <HI>&amp;c.</HI> And prayed licen&s;e of imparling thereunto until the next Court of the County afore&s;aid (that is to &s;ay, &s;uch a Day) then next following, be|fore the afore&s;aid Sheriff, at the afore&s;aid Ca&s;tle of <HI>Y.</HI> to be held, to an&s;wer the afore&s;aid <HI>J. N.</HI> of the Plea afore&s;aid, <HI>&amp;c.</HI> And he had it, <HI>&amp;c.</HI> The &s;ame Day was given to the afore&s;aid <HI>J. N.</HI> there, <HI>&amp;c.</HI> And hereupon the afore&s;aid <HI>J. T.</HI> put in his place <HI>B.</HI> again&s;t the &s;aid Plain|tiff of the Plea afore&s;aid, <HI>&amp;c.</HI> At which &s;aid Court the &s;ame (&s;uch a Day) before the afore&s;aid <HI>W. W.</HI> then Sheriff of the County afore|&s;aid, came as well the afore&s;aid <HI>J. N.</HI> as the afore&s;aid <HI>J. T.</HI> by their Attorneys afore&s;aid,
<NOTE PLACE="marg">Further Im|parlance.</NOTE> and hereupon the &s;aid <HI>J. T.</HI> further prayed li|cen&s;e to imparl until the next Court of the County afore&s;aid (that is to &s;ay, &s;uch a Day) then next following, before the &s;aid Sheriff at the-afore&s;aid Ca&s;tle of <HI>Y.</HI> to be held, to an&s;wer the &s;aid <HI>J. N.</HI> of the Plea afore&s;aid, and he had, <HI>&amp;c.</HI> The &s;ame day was given to the a|fore&s;aid <HI>J. N.</HI> there, <HI>&amp;c.</HI> At which &s;aid Court the &s;ame (&s;uch a Day) before the &s;aid <HI>W. W.</HI> then Sheriff of the County afore&s;aid held, came as well the afore&s;aid <HI>J. N.</HI> as the afore&s;aid <HI>J. T.</HI> by their Attorneys a|fore&s;aid: And the &s;ame <HI>J. T.</HI> defended the Force and Injury, when, <HI>&amp;c.</HI>
<NOTE PLACE="marg">He did not a&s;&s;ume.</NOTE> And pleaded, That he did not a&s;&s;ume, <HI>&amp;c.</HI> And of that he put him&s;elf upon the Country, and the &s;aid <HI>J. N.</HI> likewi&s;e: Therefore it was commanded to <HI>A. B.</HI> one of the Bayliffs of him the &s;aid Sheriff, and Mini&s;ter of the &s;ame Court,
<NOTE PLACE="marg">Precept to &s;um|mon the Jury.</NOTE> That he &s;hould cau&s;e to come before the &s;aid Sheriff at the afore&s;aid Ca&s;tle of <HI>Y.</HI> at the next Court (that is to &s;ay, &s;uch a Day) then next following there to be holden, twelve, <HI>&amp;c.</HI> by whom, <HI>&amp;c.</HI> And who neither, <HI>&amp;c.</HI> to recognize, <HI>&amp;c.</HI> Becau&s;e as well, <HI>&amp;c.</HI> At which &s;aid Court the &s;ame (&s;uch a Day) before the afore&s;aid <HI>W. W.</HI> then Sheriff of the County afore&s;aid there holden, the Jury between the parties afore&s;aid of the afore&s;aid Plea, was put thereof between them in Re&s;pite at the afore&s;aid Ca&s;tle of <HI>Y.</HI>
<NOTE PLACE="marg">Re&s;pited until the next Court.</NOTE> until the next Court (that is to &s;ay, &s;uch a Day) then next following, be|fore the afore&s;aid Sheriff there to be holden: At which &s;aid Court, the &s;ame (&s;uch a Day) before the afore&s;aid <HI>W.</HI> then Sheriff of the
<PB N="109" REF="57">County afore&s;aid held, came as well the afore&s;aid <HI>J. N.</HI> as the afore|&s;aid <HI>J. T.</HI> by their Attorneys afore&s;aid, and the Jurors of that Jury thereof impannelled, exacted, likewi&s;e came, who, to &s;ay the truth of the Premi&s;es, elected, tried, and &s;worn, did &s;ay upon their Oath, that the afore&s;aid <HI>J. T.</HI> did a&s;&s;ume upon him&s;elf, and to the &s;ame, <HI>J. N.</HI>
<NOTE PLACE="marg">Verdict for the Plaintiff.</NOTE> faithfully promi&s;e, that he the &s;ame <HI>J. T.</HI> &s;hould pay to the &s;ame <HI>J. N.</HI> the &s;ame twenty &s;hillings, when he &s;hould be thereunto required, in manner and form as the &s;aid <HI>J. N.</HI> above did complain again&s;t him, and they a&s;&s;e&s;&s;ed the Damages of him the &s;aid <HI>J. N.</HI> by that occa&s;ion be&s;ides his co&s;ts and charges by him about his Suit in that behalf laid out,
<NOTE PLACE="marg">Judgment for the Plaintiff.</NOTE> to twenty &s;hillings, and for tho&s;e co&s;ts and charges, to three &s;hillings and four pence, by which then and there, it was con&s;idered by the &s;ame Court, that the &s;ame <HI>J. N.</HI> &s;hould recover again&s;t the &s;aid <HI>J. T.</HI> his Damages afore&s;aid, to twenty four &s;hillings and four pence, by the Jury afore&s;aid, in form afore&s;aid a&s;&s;e&s;&s;ed, and al&s;o eighteen &s;hillings and four pence to the &s;ame <HI>J. N.</HI> for his co&s;ts and charges afore&s;aid at his re|que&s;t by the &s;aid Sheriff of increa&s;e adjudged, which &s;aid Damages in the whole, do amount to fifty one &s;hillings and four pence, by which Action accrued to the &s;aid Plaintiff, to have and receive, <HI>&amp;c. H.</HI> 19 <HI>Eliz. Rot</HI> 905. See <HI>Trin.</HI> 27 <HI>Eliz. Rot.</HI> 439. Debt upon a Judge|ment in the Upper Bench; the Defendant pleaded, he owed nothing, by his Countrey: The like, <HI>Hill.</HI> 26 <HI>Eliz. Rot.</HI> 825.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>UPon an Action of Debt brought by an Executor,
<NOTE PLACE="marg">Concord pleaded in Bar, before the day of pay|ment, contain|ing the Condi|tion of the Bond.</NOTE> upon an Obliga|tion made to the Te&s;tator, the Defendant prayeth hearing of the Bond, and &s;aith, That the Plaintiff ought not have his Action again&s;t him, becau&s;e he &s;aith, That after the death of the Te&s;tator, and before the afore&s;aid Fea&s;t of <HI>A.</HI> in the Indor&s;ment afore&s;aid above &s;pecified (that is to &s;ay) &s;uch a day and year, at <HI>S.</HI> it was agreed between him the &s;aid <HI>W.</HI> Plaintiff, and him the &s;aid <HI>H.</HI> Defendant, that he the &s;ame <HI>H.</HI> &s;hould pay to the &s;aid <HI>W. L.</HI> thirty &s;hillings, of lawfull money of <HI>England,</HI> in &s;atisfaction of the afore&s;aid ten pounds in the Indor&s;ment afore&s;aid above &s;pecified, as of all other Debts, Tre&s;pa&s;&s;es, <HI>&amp;c.</HI> which the afore&s;aid <HI>W.</HI> then might require, or claim again&s;t him the &s;aid <HI>H.</HI> as Executor of the Te&s;tament and la&s;t Will of the &s;aid <HI>J. S.</HI> Whereupon the &s;ame <HI>J. H.</HI> afterwards, and before the afore&s;aid Fea&s;t of <HI>A.</HI> in the Indor&s;ment above &s;pecified, (that is to &s;ay) &s;uch a day and year at <HI>S.</HI> to the afore&s;aid <HI>W.</HI> the afore&s;aid thirty &s;hillings of lawfull money of <HI>England,</HI> in &s;atisfaction as well of the afore&s;aid ten pounds in the In|dor&s;ment afore&s;aid above &s;pecified, as of all other Debts, <HI>&amp;c.</HI> according to the form and effect of that Agreement, did &s;atisfie and pay: And the &s;aid <HI>W.</HI> then and there did accept and receive the &s;aid thirty &s;hillings of him the &s;aid <HI>H.</HI> in full &s;atisfaction, as well, <HI>&amp;c.</HI> as, <HI>&amp;c.</HI> And this, <HI>&amp;c.</HI> Judgment if Action, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="110" REF="58">
<P>AND the &s;aid Defendant,
<NOTE PLACE="marg">Judgment a|gain&s;t the Plaintiff when the Defendant wageth Law.</NOTE> <HI>&amp;c.</HI> comes and defendeth the force and in|jury, when, <HI>&amp;c.</HI> and &s;aith, that he doth not owe to the &s;aid Plaintiff the &s;aid twenty pounds, nor any peny thereof in the form in which the &s;aid Plaintiff hath above declared again&s;t him, and this he is ready to defend again&s;t him and his Suit, as the Court &s;hall con&s;ider of, and prayeth in&s;tantly to be admitted to perfect his Law thereof, <HI>&amp;c.</HI> and he is admitted, <HI>&amp;c.</HI> and hereupon the afore&s;aid Defendant hath perfected his Law afore&s;aid, thereof him&s;elf, with twelve men, <HI>&amp;c.</HI> Therefore it is con&s;idered, that the &s;aid Plaintiff take nothing by his Writ afore&s;aid, but be in Mercy for his fal&s;e clamor, and the &s;aid Defendant go there|of quite, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THE Plaintiff replieth, and &s;aith, by Prote&s;tation, (no &s;uch con|cord) for Plea &s;aith, That the afore&s;aid <HI>H.</HI> hath not paid to the &s;aid Plaintiff upon the &s;aid (&s;uch a day and year) the &s;aid thirty &s;hil|lings in &s;atisfaction, as well, <HI>&amp;c.</HI> as, <HI>&amp;c.</HI> as the &s;aid, <HI>&amp;c.</HI> And this he prayeth, <HI>&amp;c. H.</HI> 25 <HI>Eliz. Rot.</HI> 952.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. <HI>A.</HI> was attached by a Writ of the Keepers,
<NOTE PLACE="marg">Upon an Ac|compt taken before Audi|tors.</NOTE> <HI>&amp;c.</HI> of Priviledge i&s;&s;uing here out of Court, to an&s;wer <HI>W. S.</HI> one of the Attorneys, <HI>&amp;c.</HI> Ad|mini&s;trator of the goods and chattels of <HI>J. S.</HI> who died according to the Liberty, <HI>&amp;c.</HI> of a Plea of Debt, <HI>&amp;c.</HI> And whereupon, <HI>&amp;c.</HI> he &s;aith, that the afore&s;aid <HI>J. A.</HI> hath not rendred to the &s;ame Plaintiff fifty three &s;hillings, which from him he unju&s;tly detaineth, for that (that is to &s;ay) That whereas the afore&s;aid Defendant, (&s;uch a day and year) at, <HI>&amp;c.</HI> before <HI>S. S.</HI> and <HI>T. M.</HI> Auditors, a&s;&s;igned to hear the accompt of the &s;aid Defendant by him the &s;aid <HI>W.</HI> after the death of the &s;aid <HI>J. S.</HI> had accompted of divers &s;ums of money of the afore&s;aid <HI>I. S.</HI> to him the &s;aid <HI>I. S.</HI> in his life by the &s;aid Defendant due, to render an accompt thereof to the &s;aid <HI>I. S.</HI> when he &s;hould be thereunto required, and upon that accompt, the &s;aid Defendant was found in arrearages to|wards the &s;ame <HI>I. S.</HI> in fifty three &s;hillings, by which Action accrued to the &s;aid Plaintiff, to require and have of the &s;aid <HI>I. A.</HI> the &s;aid fifty three &s;hillings, yet the &s;aid <HI>J. A.</HI> although often required, the afore&s;aid fifty three &s;hillings to the &s;ame <HI>W.</HI> to whom admini&s;tration, <HI>&amp;c.</HI> was committed, hath not rendred, but hath hitherto denied to render to him the &s;ame, and unju&s;tly detaineth, whereupon he &s;aith, that he is, <HI>&amp;c.</HI> And thereof he bringeth the Suit, <HI>&amp;c.</HI> And he produceth here in Court the Letters of Admini&s;tration, <HI>&amp;c.</HI> by which, <HI>&amp;c.</HI> to be Admini&s;trator of, <HI>&amp;c.</HI> and to have admini&s;tration, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="111" REF="58">
<P>IN Debt upon an Obligation of eight hundred pounds,
<NOTE PLACE="marg">Abatement in the Obligation for that word is in&s;lgnificans.</NOTE> the Defendant prayeth <HI>Oyer</HI> of the Writing afore&s;aid, and to him it is read in the&s;e words, <HI>&amp;c.</HI> which being read and heard, the &s;ame Defendant prayeth Judgment of the Writ and Declaration afore&s;aid, becau&s;e he &s;aith, That the &s;aid Plaintiff by his Writ and Declaration afore&s;aid above &s;uppo&s;eth, that the &s;ame Defendant oweth to the afore&s;aid Plaintiff, eight hundred pounds, which to the &s;ame Plaintiff he &s;hould render; whereas, in truth, no &s;uch word in the Writing afore&s;aid is had, containing and warranting this word in the Writ and Declaration afore&s;aid &s;pecified, (that is to &s;ay) eight hundred; but in the &s;ame Writing Obligatory, the&s;e two words, (that is to &s;ay) eight hundred, are written and contained, which &s;aid two words have no &s;ignification of any certain &s;um, and &s;o the Writ and Declaration afore&s;aid are not warranted of, and upon the Writ and Declaration afore&s;aid by the &s;aid Plaintiff here in Court brought, by which the &s;ame Defendant prayeth Judgment of the Writ and Declaration afore&s;aid, <HI>&amp;c.</HI> And becau&s;e the afore&s;aid Plaintiff hath not denied the Exception afore&s;aid, which by the in&s;pection of the Writ, Declaration, and Writing afore&s;aid to the Court here &s;ufficiently appeareth; therefore it is con&s;idered of, that the &s;aid Plaintiff take nothing by his Writ afore&s;aid, but may be in Mercy for his fal&s;e clamor, <HI>&amp;c.</HI> And that the &s;aid Defendant go thereof without day, <HI>&amp;c.</HI> It is al&s;o con&s;idered of, that the afore&s;aid Defen|dant recover again&s;t the &s;aid Plaintiff his damages, by rea&s;on of the Premi&s;es, to twenty &s;hillings to the &s;ame Defendant by the di&s;cretion of the Ju&s;tices here at his reque&s;t for his co&s;ts and charges in that behalf &s;u&s;tained, according to the form of the Statute, <HI>&amp;c.</HI> by the Court here adjudged, <HI>&amp;c. M.</HI> 3. and 4 <HI>Eliz Rot.</HI> 1350.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>KEnt,</HI> &s;&s;. <HI>W. B.</HI> late of <HI>Cheeving,</HI> in the County afore&s;aid,
<NOTE PLACE="marg">Again&s;t the Heirs in Ga|velkinde upon a Bond.</NOTE> Hu&s;|bandman, and <HI>J. B.</HI> late of <HI>C.</HI> &amp;c. Sons and Heirs of <HI>T. B.</HI> lately called <HI>T. B.</HI> of <HI>C.</HI> in the Countie of <HI>K.</HI> Yeoman, were &s;ummoned to an&s;wer <HI>H. H.</HI> of a Plea, That they render to him ten pounds, which to him they owe, and unju&s;tly detain, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>H.</HI> by <HI>T. B.</HI> his Attorney, &s;aith, That whereas the afore&s;aid <HI>W.</HI> and <HI>J</HI> in his life, the twentieth day of <HI>April,</HI> (in &s;uch a year) at <HI>Sevenock,</HI> by his certain Writing Obligatory, had acknowledged him&s;elf to be bound to the &s;ame <HI>H.</HI> in the afore&s;aid ten pounds to be paid to the &s;ame <HI>H.</HI> when he &s;hould be thereunto required, and to that payment well and truly to be made, the &s;aid <HI>T. B.</HI> had bound him&s;elf and his Heirs by the &s;ame Writing, and that the afore&s;aid <HI>T. B.</HI> in his life, was &s;eized of one Me&s;&s;uage, five acres of Land, five acres of Meadow, and five acres of Pa&s;ture, with the Appurtenances, in <HI>C.</HI> in the County afore&s;aid among&s;t
<PB N="112" REF="59">other Lands and Tenements in the &s;ame County, in his Deme&s;ne as of Fee, and being &s;o thereof &s;eized, died; after who&s;e death, the Tene|ments afore&s;aid, with the Appurtenances, among&s;t other things, did de&s;cend to the &s;aid <HI>W.</HI> and <HI>J.</HI> as Sons and Heirs of the afore&s;aid <HI>T. B.</HI> for that the Tenements afore&s;aid, with the Appurtenances, are, and at the time of the death of the &s;aid <HI>T. B.</HI> were of the Tenure and nature of Gavelkinde in the County afore&s;aid, and that all the Lands and Te|nements of the &s;ame Tenure in the County afore&s;aid, are, and from the time of the contrary whereof the memory of man is not extant, were devi&s;able and partible, and parted and devi&s;ed among&s;t the Heirs Males, yet the &s;aid <HI>T. B.</HI> in his life, and the afore&s;aid <HI>W.</HI> and <HI>J.</HI> after the death of him the &s;aid <HI>T.</HI> although often required the afore&s;aid ten pounds to the &s;aid <HI>H.</HI> have not rendred, but the &s;ame to him to render hath de|nied, and the afore&s;aid <HI>W.</HI> and <HI>J.</HI> the &s;ame to him to render doth deny, whereupon he &s;aith, that he is damnified, and hath damage to the value of ten pounds, and thereof be bringeth the Suit, <HI>&amp;c</HI> And he bringeth here into Court, the Writing afore&s;aid, which te&s;tifieth the Debt afore|&s;aid, in form afore&s;aid, the Date whereof is the day and year above &s;aid, <HI>&amp;c. Hill.</HI> the fourth of <HI>Car.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Dower.</HEAD>
<P>A. <HI>B.</HI> Widow,
<NOTE PLACE="marg">Trin. 22 Jac. Regis, Rot. 3286. <HI>An Action of Dower brought for Gavelkinde Land.</HI></NOTE> who was the Wife of <HI>J. B.</HI> the elder; by <HI>R. G.</HI> her Atorney, demands again&s;t <HI>S. B W. B J. B. E. B D. B.</HI> and <HI>R. B.</HI> the moyetie of five Me&s;&s;uages, four Barns, four Gardens, three Orchards, thirty acres of Land, twenty five acres of Meadow fifty five acres of Pa&s;ture, and five acres of Wood, with the Appurtenances in <HI>E P.</HI> little <HI>C.</HI> great <HI>C.</HI> and <HI>E.</HI> as her Dower of endowment of the &s;aid <HI>J B.</HI> the elder, formerly her Husband, becau&s;e the Tenements afore&s;aid, with the Appurtenances, are of the Tenure and nature of <HI>Gavelkinde,</HI> and according to the cu&s;tom, time out of minde, in the County afore&s;aid women who are Dowable of Tenements in <HI>Gavel|kinde,</HI> after the death of their Husbands, ought to be endowed of the moyetie of the &s;ame Tenements, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>S.</HI> and <HI>W.</HI> by <HI>J. Knightbridge</HI> their Attorney,
<NOTE PLACE="marg">Two of the To|nants come by their Attorney, the re&s;t by their Gua<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">dians, and conf<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;&s;e the Action.</NOTE> and the afore&s;aid <HI>J.</HI> the now Tenant, and <HI>J.</HI> by the afore&s;aid <HI>J. R.</HI> their Guardian; as al&s;o the afore&s;aid <HI>D.</HI> and <HI>R.</HI> by <HI>M. T.</HI> their Guardian, come and &s;ay, That they cannot deny the Action afore&s;aid, of the afore|&s;aid <HI>A.</HI> nor, but that &s;he ought to have her Dowrie of the Tenements afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> of the endowment of the afore&s;aid <HI>J. B.</HI> the elder, once her Husband, <HI>&amp;c.</HI> as &s;he hath above demanded: Therefore it is con&s;idered, that the afore&s;aid <HI>A.</HI> re|cover
<PB N="113" REF="59">her &s;ei&s;in again&s;t the afore&s;aid <HI>S.W.J.B.</HI> now Tenant <HI>E.D.</HI> and <HI>R.</HI> of the moyetie of the Tenements afore&s;aid, with the Appurtenances; to hold to her in &s;everalty by metes and bounds: And the &s;aid <HI>S.</HI> and <HI>W.</HI> in Mercy, and nothing of the being in Mercy of them the &s;aid <HI>J. B.</HI> now the Tenant, <HI>E. D.</HI> and <HI>R.</HI> becau&s;e they are within age, <HI>&amp;c.</HI> And upon this, the afore&s;aid <HI>A.</HI> &s;ays, That the afore&s;aid <HI>J. B.</HI> the elder,
<NOTE PLACE="marg">Averment that the Husband died &s;eized.</NOTE> once her Husband, <HI>&amp;c.</HI> died &s;eized of the Tenements afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> in his Deme&s;ne as of Fee, and prays a Writ of our Lord the King,
<NOTE PLACE="marg">Prayer of Sei|&s;in, and a Writ of Enquiry.</NOTE> as well to give her full &s;eizin of the moyetie afore&s;aid, with the Appurtenances, as of inquiring of the da|mages, <HI>&amp;c.</HI> and it is granted unto her returnable here in three weeks of Saint <HI>Michael,</HI> &amp;c.</P>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid Defendant by <HI>A. B.</HI> his Attorney,
<NOTE PLACE="marg">The Tenant pleads the Hu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">band was never &s;eized of E&s;tate whereby he might en|dow.</NOTE> comes and &s;ays, That the afore&s;aid <HI>A.</HI> ought not to have her Dowrie of the Me&s;&s;uage afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> of the en|dowment of the afore&s;aid <HI>D.</HI> once her Husband, <HI>&amp;c.</HI> becau&s;e he &s;aith, that the afore&s;aid <HI>D.</HI> once her Husband, <HI>&amp;c.</HI> neither at the day where|in he married the afore&s;aid <HI>A.</HI> nor at any time after, was &s;eized of the &s;ame Me&s;&s;uage, with the Appurtenances, whereof, <HI>&amp;c.</HI> of &s;uch an E&s;tate; &s;o that the afore&s;aid <HI>A.</HI> thereof might be endowed: And of this he puts him&s;elf upon the Countrey, and the Plaintiff in like manner: Therefore command is given to the Sheriff, that he cau&s;e to come here twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid <HI>R.</HI> by <HI>W. B.</HI> his Guardian, comes, and &s;ays,
<NOTE PLACE="marg">Acknowledge|ment of the Action, by an Infant by Guardian.</NOTE> That he, from the time of the death of the afore&s;aid <HI>W.</HI> once the Husband of the afore&s;aid <HI>A.</HI> ever hitherto hath been ready, and as yet is ready to render the afore&s;aid <HI>A.</HI> her Dowrie afore&s;aid, and the &s;ame to her the &s;aid <HI>A.</HI> here in Court rendreth, <HI>&amp;c.</HI> Therefore it is con&s;idered, that the afore&s;aid <HI>A.</HI> recover her &s;eizin again&s;t the afore|&s;aid <HI>R.</HI> of the third part of the Tenements afore&s;aid, with the Appur|tenances, to hold to her in &s;everalty by metes and bounds; and no|thing of Mercy of the afore&s;aid <HI>R.</HI> becau&s;e he is within age, and came the fir&s;t day by &s;ummons, <HI>&amp;c.</HI> And upon this the afore&s;aid <HI>A.</HI> prays a Writ of our Lord the King, to give her full &s;eizin of the third part afore&s;aid, with the Appurtenances, to the Sheriff of the County afore&s;aid to be directed, and it is granted unto her, retunrable here, (&s;uch a day, <HI>&amp;c.) Hill.</HI> 20 <HI>Jac. Rot.</HI> 2348.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>T. <HI>B.</HI> and <HI>N.</HI> his Wife, by <HI>A. D.</HI> their Attorney,
<NOTE PLACE="marg">Hill. 19 Jac. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> Rot. 664.</NOTE> demand again&s;t <HI>R. M.</HI> the third part of one Me&s;&s;uage, one Garden, and one Or|chard,
<PB N="114" REF="60">with the Appurtenances, <HI>&amp;c.</HI> as the Dowrie of her the &s;aid <HI>N.</HI> by the endowment of <HI>R. F.</HI> in times pa&s;t her Husband, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R. M.</HI> by <HI>T. C.</HI> his Attorney comes and &s;ays,
<NOTE PLACE="marg">A Plea in Bar of Dower, that the Feme was within age at the death of the Husband.</NOTE> That the afore&s;aid <HI>N.</HI> ought not in this behalf to have Dowrie, be|cau&s;e he &s;aith, that at the time of the death of the afore&s;aid <HI>R.</HI> in time pa&s;t, the Husband of her the &s;aid <HI>N.</HI> of who&s;e endowment, <HI>&amp;c.</HI> &s;he was not of that full age that &s;he could de&s;erve Dowrie, (that is to &s;ay) of nine years and a half: And this he is ready to aver, whereupon he prays Judgment, whether the afore&s;aid <HI>N.</HI> ought to have her Dowrie of the Tenements afore&s;aid, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T.</HI> and <HI>N.</HI> &s;ay,
<NOTE PLACE="marg">I&s;&s;ue of full age.</NOTE> That &s;he the afore&s;aid <HI>N.</HI> was at the time of the death of him the &s;aid <HI>R.</HI> in time pa&s;t, her Husband, of who&s;e endowment, <HI>&amp;c.</HI> of &s;uch age, as that &s;he might de&s;erve Dowrie, (that is to &s;ay) of nine years and a half, and above, and this they pray may be inquired of by the Countrey, and the &s;aid <HI>R. M.</HI> in like manner, Therefore command is given to the Sheriff, that he cau&s;e to come, twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the Defendant,
<NOTE PLACE="marg">The Tenant pleads Non-Tenu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e.</NOTE> by <HI>J. B.</HI> his Attorney, comes, and &s;ays, That he cannot render the afore&s;aid <HI>A.</HI> her Dowrie of the Mannor afore&s;aid, with the Appurtenances, becau&s;e that he is not thereof Tenant, as of the Free-hold; nor was the day of the i&s;&s;uing forth of the Originall Writ of her the &s;aid <HI>A.</HI> nor at any time after; and this he is ready to aver: whereupon he demands Judgment of the Writ afore&s;aid, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>A.</HI> &s;aith,
<NOTE PLACE="marg">I&s;&s;ue upon the Non-Tenure.</NOTE> That her Writ afore&s;aid, for the rea|&s;on before alledged, ought not to be qua&s;hed, becau&s;e &s;he &s;aith, That the day of the i&s;&s;uing forth of the &s;aid Originall Writ of her the &s;aid <HI>A.</HI> (&s;uch a day and year) the afore&s;aid Defendant was Tenant of the Mannor afore&s;aid, with the Appurtenances, as of his Free-hold, as by the &s;ame Writ is &s;uppo&s;ed, and this he prays may be inquired of by the Countrey, and the afore&s;aid Defandant in like manner; therefore command is given to the Sheriff, that he cau&s;e to come twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>P. <HI>S.</HI> Widow,
<NOTE PLACE="marg"><HI>Demand in Dower of Man|nor, Tenements, Warren, and Advow&s;on.</HI> Trin. 7 Rot. 604.</NOTE> which was the Wife of <HI>T. S.</HI> E&s;quire, by <HI>J. M.</HI> her Attorney, demands again&s;t <HI>E. S.</HI> Knight, the third part of the Mannor and Park of <HI>W.</HI> with the Appurtenances, and of eighteen Me&s;&s;uages, <HI>&amp;c.</HI> and of the free Warren, with the Appurtenances of <HI>W. L. H.</HI> as al&s;o the third part of the Advow&s;on of the Church of <HI>W.</HI> her Dowerie, of the endowment of the afore&s;aid <HI>T. S.</HI> in times pa&s;t her Husband, <HI>&amp;c.</HI></P>
<P>And the &s;aid <HI>E.</HI>
<NOTE PLACE="marg"><HI>The Defendant by his Attorney pleads</HI> Non inform.</NOTE> by <HI>T. S.</HI> his Attorney, comes, and the &s;ame Attorney &s;ays, That he is not informed by the &s;aid <HI>E.</HI> his Client, of any an&s;wer
<PB N="115" REF="60">for the afore&s;aid <HI>E.</HI> to the afore&s;aid <HI>P. S.</HI> in the Plaint afore&s;aid to be given, and &s;aith nothing el&s;e thereupon, by which the &s;ame <HI>P. S.</HI> re|maineth again&s;t the afore&s;aid <HI>E.</HI> thereupon undefended: Therefore it is con&s;idered, that the afore&s;aid <HI>P.</HI> recover her &s;eizin again&s;t the afore|&s;aid <HI>E.</HI> of the third part of the Mannor, Park, Tenements, Free-War|ren, and Advow&s;on afore&s;aid, with the Appurtenances: and the afore|&s;aid <HI>E.</HI> in Mercy, <HI>&amp;c.</HI> And upon this the afore&s;aid <HI>P.</HI> prays the Writ of our Lord the King, to the Sheriff of the County afore&s;aid to be di|rected, to cau&s;e her to have full &s;eizin of the third part afore&s;aid, with the Appurtenances, and it is granted her returnable here in eight days of Saint <HI>Michael,</HI> &amp;c. And al&s;o the &s;ame <HI>P.</HI> &s;ays, That the afore|&s;aid <HI>T.</HI> in times pa&s;t, her Husband, <HI>&amp;c.</HI> died &s;eized of the Mannor, Park, Tenements, and Free-Warren afore&s;aid, with the Appurtenances, in his Deme&s;ne as of Fee, and of the Advow&s;on afore&s;aid, as of his Right, and prays the Writ of our Lord the King, to the Sheriff of the Countie afore&s;aid to be directed to inquire of damages, <HI>&amp;c.</HI> and it is granted to her, returnable here at the afore&s;aid Term, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid <HI>J.</HI> and <HI>J.</HI> by <HI>T. L.</HI> their Attorney, come,
<NOTE PLACE="marg">Elopement pleaded in Bar of Dowrie.</NOTE> and &s;ay, That the afore&s;aid <HI>R.</HI> and <HI>A.</HI> ought not to have again&s;t them the Dowrie afore&s;aid of the Mannors and Tenements afore&s;aid, with the Appurtenances, of the endowment of the afore&s;aid <HI>E.</HI> in times pa&s;t her Husband, <HI>&amp;c.</HI> becau&s;e they &s;ay, that the afore&s;aid <HI>A.</HI> in the life-time of the &s;aid <HI>E.</HI> in times pa&s;t her Husband, <HI>&amp;c.</HI> of her own accord at <HI>B.</HI> in the County of <HI>M.</HI> left him the &s;aid <HI>E.</HI> in times pa&s;t her Hu&s;|band, and went from him with one <HI>M. R.</HI> unto the Pari&s;h of Saint <HI>D.</HI> in the County of <HI>M.</HI> and after, there with the &s;ame <HI>M.</HI> did lead her continued life in Adultery, the whole life of him the &s;aid <HI>E.</HI> in times pa&s;t her Husband, <HI>&amp;c.</HI> without that, that the afore&s;aid <HI>A.</HI> to the &s;aid <HI>E.</HI> her Husband, in the life-time of the &s;aid <HI>E.</HI> in times pa&s;t her Hu&s;|band, <HI>&amp;c.</HI> was reconciled; and this they are ready to aver, whereupon they pray Judgment, whether the afore&s;aid <HI>R.</HI> and <HI>A.</HI> in this behalf ought to have her Dowrie of the Mannor and Tenements afore&s;aid, with the Appurtenance of the endowment of the afore&s;aid <HI>E.</HI> in time pa&s;t her Husband, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R.</HI> and <HI>A.</HI> &s;ay, That they by any thing before al|ledged, ought not to be debarred from having the Dowrie of the afore|&s;aid <HI>A.</HI> of the Mannor and Tenements afore&s;aid, again&s;t them the afore&s;aid <HI>J.</HI> and <HI>J.</HI> becau&s;e they &s;ay, That after the departure afore|&s;aid, by the afore&s;aid <HI>J.</HI> and <HI>J.</HI> above &s;uppo&s;ed to be done, the afore&s;aid <HI>E.</HI> in his life-time, her the &s;aid <HI>A.</HI> of his own accord, and without Eccle&s;ia&s;ticall compelling, at <HI>L.</HI> did reconcile; and &s;uffer her to live with him, and this they are ready to aver, whereupon they pray Judge|ment, and the Dowrie of her the &s;aid <HI>A.</HI> of the Mannor and Tene|ments
<PB N="116" REF="61">afore&s;aid, with the Appurtenances, together with their damages, by rea&s;on of the detaining of the Dowrie afore&s;aid, to be adjudged unto them, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J.</HI> and <HI>J.</HI> &s;ay, That the afore&s;aid <HI>E.</HI> in his life|time, to the afore&s;aid <HI>A.</HI> did not reconcile in manner and form as the afore&s;aid <HI>R.</HI> and <HI>A.</HI> above have alledged: and of this they put them|&s;elves upon the Countrey, and the afore&s;aid <HI>R.</HI> and <HI>A.</HI> in like manner: Therefore command is given to the Sheriff, that he cau&s;e to come here (&s;uch a Return) twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>M. <HI>S.</HI> Widow,
<NOTE PLACE="marg"><HI>A claim in Dowry,</HI> Trin. 8 Eliz. Rot. 139.</NOTE> which was the Wife of <HI>J. T.</HI> by <HI>J. C.</HI> her Attorney, demands again&s;t <HI>J. L.</HI> the third part of the Mannor of <HI>F.</HI> with the Appurtenances, and of &s;ix Me&s;&s;uages, &s;ix Gardens, three hundred acres of Land, <HI>&amp;c.</HI> with the Appurtenances, in <HI>L</HI> and <HI>A.</HI> as her Dowrie of the endowment of the afore&s;aid <HI>J. T.</HI> &s;ometimes her Husband, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J. L.</HI> by <HI>G. H.</HI> his Attorney,
<NOTE PLACE="marg">An annuity pleaded in Bar of the Dowry.</NOTE> comes, and &s;ays, That the afore&s;aid <HI>M.</HI> ought not to have her Dower of the Mannor, Tenements, and Rent afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> Becau&s;e he &s;aith, That after the death of the afore&s;aid <HI>J. T.</HI> in times pa&s;t her Husband, &amp;c. and before the day of the i&s;&s;uing forth of the Originall Writ of the afore&s;aid <HI>M. to wit,</HI> (&s;uch a day, year, and place) one <HI>F. T.</HI> while&s;t &s;he was &s;ole, and then being the daughter and &s;ole Heir of the afore&s;aid <HI>J. T.</HI> in like manner, being &s;ole &s;eized in her Deme&s;ne, as of Fee, of the Lands and Tenements of him the &s;aid <HI>J.</HI> did give and grant unto the afore&s;aid <HI>M.</HI> a certain annuall Rent of twenty marks, i&s;&s;uing out of the Tenements afore&s;aid, with the Appurtenances, where|of, <HI>&amp;c.</HI> and of other Lands and Tenements, lately the &s;ame <HI>J. T.</HI> and then of the Inheritance of her the &s;aid <HI>F.</HI> to have and receive to her the &s;aid <HI>M.</HI> and her A&s;&s;igns, for term of her life, at the four Terms of the year, that is to &s;ay; At the Fea&s;t of the Annunciation of the ble&s;&s;ed Virgin <HI>Mary,</HI> &amp;c. by equall portions, yearly to be paid, in recompen&s;e of the whole Dowrie of her the &s;aid <HI>M.</HI> of the Mannor and Tenements afore&s;aid, and of, and in the afore&s;aid other late Lands and Tenements of the afore&s;aid <HI>J. T.</HI> which &s;aid annuall Rent, in form afore&s;aid yearly of tho&s;e Lands and Tenements to be recived to her the &s;aid <HI>M.</HI> by the afore&s;aid <HI>F.</HI> granted the &s;ame <HI>M.</HI> in &s;atisfaction and recompen&s;e of her Dowrie afore&s;aid, of the afore&s;aid <HI>F.</HI> at <HI>L.</HI> afore&s;aid received and had, and the &s;ame annuall Rent for divers years now elap&s;ed, at <HI>L.</HI> afore|&s;aid, received and had, according to the grant and agreement afore&s;aid, and of the Rent afore&s;aid, the &s;aid <HI>M.</HI> is now &s;eized in her Deme&s;ne, as of Free-hold; and this he is ready to aver, whereupon he prays Judge|ment, whether the afore&s;aid <HI>M.</HI> ought to have again&s;t him other Dowrie, of the Mannor, Tenements, and Rent afore&s;aid, with the Ap|purtenances, whereof, <HI>&amp;c.</HI></P>
<PB N="117" REF="61">
<P>And the afore&s;aid <HI>M.</HI> &s;ays, That &s;he,
<NOTE PLACE="marg">The Plaintiff replies, that the Defendant did not give and grant, &amp;c.</NOTE> by any thing before alledged from having her Dowry afore&s;aid, ought not to be debarred, becau&s;e by Prote&s;tation &s;he &s;aith, That the afore&s;aid <HI>F.</HI> (the afore&s;aid Day and Year, as in the Plea) was not Sole &s;eized of and in the Tenements afore&s;aid, with the Appurtenances, whereof, &amp;c. in her Deme&s;n as of Fee: by Prote&s;tation al&s;o &s;he &s;aith, That &s;he the &s;aid <HI>M.</HI> was not &s;eized of the annual Rent afore&s;aid in her Deme&s;n as of Freehold. For Plea the &s;ame <HI>M.</HI> &s;ays, That the afore&s;aid <HI>F.</HI> did not give and grant unto her the &s;aid <HI>M.</HI> the afore&s;aid annual Rent of twenty Marks, i&s;&s;uing out of the Tenements afore&s;aid, with the Appurtenances, as the afore&s;aid <HI>J. L.</HI> hath above alledged: And this he prays may be enquired of by the County, and the afore&s;aid <HI>J. L.</HI> in like manner: Therefore Command is given to the Sheriff, That he cau&s;e to come here twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid <HI>R. L.</HI> by <HI>R. S.</HI> his Attorney, comes and &s;ays,
<NOTE PLACE="marg"><HI>Judgment pray|ed upon the Writ, becau&s;e the Wife ma<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ri|ed after the la&s;t continuance</HI> Trin. 3 Eliz. <HI>Rot.</HI> 872.</NOTE> That the afore&s;aid <HI>A.</HI> after the la&s;t Continuance of the Plea a|fore&s;aid, that is to &s;ay, after fifteen Days of <HI>Ea&s;ter</HI> la&s;t pa&s;t, from which Day the Plaint afore&s;aid was la&s;t continued unto this Day, to wit, the morrow after the holy <HI>Trinity,</HI> that is to &s;ay, the thirtieth Day of <HI>May</HI> la&s;t pa&s;t at <HI>W.</HI> in the County of <HI>Suff.</HI> took to Husband one <HI>T. B.</HI> and this he is ready to aver, whereupon he prays Judgment of the Writ, &amp;c.</P>
<P>AND the afore&s;aid <HI>A.</HI> &s;ays, That her Writ afore&s;aid, by the rea|&s;on before alledged, ought not to be qua&s;hed, becau&s;e &s;he &s;aith, That &s;he did not take to Husband the afore&s;aid <HI>T. B.</HI> as the afore&s;aid <HI>H.</HI> hath above alledged, and this he prays may be enquired of by the Country, and the afore&s;aid <HI>H.</HI> in like manner: Therefore Command is given to the Sheriff, That he cau&s;e to come here twelve, &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. <HI>C.</HI> Widow, who was the Wife of <HI>W. C.</HI> by <HI>W. W.</HI> her Attorney,
<NOTE PLACE="marg"><HI>Demand in Dower,</HI> Hill. 9 Eliz. <HI>Rot</HI> 434.</NOTE> demands again&s;t <HI>J. Clark</HI> the third part of three Me&s;&s;uages, thirty four Acres of Meadow, and two Acres of Wood, with the Appurte|nances, in <HI>Finchley,</HI> as the Dowry of her the &s;aid <HI>Jane,</HI> of the endow|ment of the afore&s;aid <HI>W. B.</HI> in time pa&s;t her Husband, &amp;c.</P>
<P>And the afore&s;aid <HI>J.</HI> by <HI>C. Bernard</HI> his Attorney, comes,
<NOTE PLACE="marg">A Counter Plea<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> of the Voucher in Dower.</NOTE> and calls thereupon to Warranty <HI>R. G.</HI> Gentleman, &s;ummoned in the County a|fore&s;aid by the ayds of the Court, &amp;c.</P>
<P>And the afore&s;aid <HI>Jane</HI> &s;ays, That neither the afore&s;aid <HI>Robert,</HI> whom, &amp;c. nor any of his Ance&s;tors, had any thing in the Tenements afore&s;aid, with the Appurtenances, whereof, &amp;c. in his Deme&s;n,
<PB N="118" REF="62">Rever&s;ion, or in Service, from the time of the Death of the afore&s;aid <HI>W. C.</HI> in time pa&s;t her Husband, <HI>&amp;c.</HI> unto the Day of the i&s;&s;uing forth of the Original Writ of her the &s;aid <HI>J.</HI> to wit (&s;uch a Day and Year) &s;o that he could thereof enfeoff the afore&s;aid <HI>John,</HI> or any of his An|ce&s;tors, and this he prays may be enquired of by the Country, and the afore&s;aid <HI>John</HI> in like manner: Therefore Command is given to the Sheriff, That he cau&s;e to come here twelve, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>A&s;signment of Dower pleaded.</HEAD>
<P>AND the afore&s;aid <HI>A.</HI> &s;aith,
<NOTE PLACE="marg">A&s;&s;ignment of<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> D<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">wer pleaded in Bar of Dow|er,</NOTE> That the &s;aid <HI>J.</HI> her &s;aid Action ought not to have, becau&s;e he &s;aith, That he after the Death of the &s;aid <HI>C.</HI> at <HI>B.</HI> did a&s;&s;ign to the &s;aid <HI>J.</HI> ten Acres of Land, with the Appurte|nances of the afore&s;aid thirty Acres, to hold to the &s;aid <HI>J.</HI> for term of her life, in name of the Dower of her the &s;aid <HI>J.</HI> to her pertaining, out of the afore&s;aid thirty Acres of Land, to which &s;aid A&s;&s;ignment the &s;aid <HI>J.</HI> did agree: And this, <HI>&amp;c.</HI> Whereupon he prayeth Judgment, if Action, <HI>&amp;c.</HI> And the afore&s;aid <HI>J.</HI> &s;aith, That &s;he ought not to be procluded, <HI>&amp;c.</HI> becau&s;e &s;he &s;aith, That the &s;aid <HI>A.</HI> hath not a&s;&s;igned to her the &s;aid <HI>J.</HI> the afore&s;aid ten Acres of Land in the name of the Dower of her the &s;aid <HI>J.</HI> to her pertaining out of the afore&s;aid thirty Acres of Land, as the afore&s;aid <HI>A.</HI> hath above alledged, and this &s;he prayeth, <HI>&amp;c.</HI> Therefore twelve, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>EL&s;ewhere,
<NOTE PLACE="marg">Voucher in Dower, and Judgment a|gain&s;t the Te|nant for de|fault of the Vouchee.</NOTE> as it appeareth in the Term of <HI>E.</HI> la&s;t pa&s;t, <HI>Rol.</HI> 922. it is thus contained, <HI>War<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;&s;. M. W.</HI> Widow, who was Wife of <HI>J. W.</HI> by <HI>W. D.</HI> her Attorney, demands again&s;t <HI>W. W.</HI> the third part of five Me&s;&s;uages, <HI>&amp;c.</HI> with the Appurtenances, in <HI>C.</HI> as her Dower, out of the endowment of the &s;aid <HI>J.</HI> once her Husband, &amp;c.</P>
<P>And the &s;aid <HI>W. W.</HI> by <HI>C. R.</HI> his Attorney, cometh and calleth to War|ranty thereof <HI>J. P.</HI> and <HI>L.</HI> his Wife, and <HI>M. W.</HI> Daughters and Heirs of the &s;aid <HI>J. W.</HI> late Husband, &amp;c. let him have them here in fifteen Days of the holy <HI>Trinity,</HI>
<NOTE PLACE="marg">Summons a|gain&s;t the Vou|chee.</NOTE> and let him be &s;ummoned in the County a|fore&s;aid by the ayd of the Court, &amp;c. The &s;ame day is given to the par|ties afore&s;aid here, &amp;c. At which Day here came as well the afore|&s;aid <HI>M.</HI> as the &s;aid <HI>W.</HI> by their Attorneys afore&s;aid, and the &s;aid <HI>J. P.</HI> and <HI>L.</HI> his Wife,
<NOTE PLACE="marg">E&s;&s;oyn.</NOTE> &s;ummoned, &amp;c. made their E&s;&s;oyn of the ill coming again&s;t the &s;aid <HI>M.</HI> of the &s;aid Plea, and thereupon they have day by their E&s;&s;oyn here until three Weeks of Saint <HI>Michael,</HI> then next fol|lowing, at which day here came as well the &s;aid <HI>M.</HI> as the &s;aid <HI>W.</HI> by their Attorneys afore&s;aid,
<NOTE PLACE="marg">Cape ad v<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> lentiam.</NOTE> and the &s;aid <HI>J. P.</HI> and <HI>L.</HI> and <HI>M.</HI> &s;olemnly required, came not, <HI>&amp;c.</HI> Therefore let there be taken into the hands
<PB N="119" REF="62">of the Keepers, <HI>&amp;c.</HI> of the Land of the &s;aid <HI>L.</HI> and <HI>M.</HI> to the value, <HI>&amp;c.</HI> And the Day, <HI>&amp;c.</HI> And the &s;aid <HI>J.</HI> and let the &s;aid <HI>L.</HI> and <HI>M.</HI> be &s;ummoned, that they be here in eight days of Saint <HI>Martin, &amp;c.</HI> The &s;ame Day is given as well to the afore&s;aid <HI>M.</HI> as the &s;aid <HI>W. &amp;c.</HI> At which Day here come as well the afore&s;aid <HI>M.</HI> as the afore&s;aid <HI>W.</HI> by their Attorneys afore&s;aid: And the Sheriff did not &s;end the Writ; therefore, as before,
<NOTE PLACE="marg">Alias <HI>&s;ummons.</HI></NOTE> another Writ thereof in form afore&s;aid was made to him returnable here in the morrow, <HI>&amp;c.</HI> The &s;ame Day is given as well to the &s;aid <HI>M.</HI> as the &s;aid <HI>W.</HI> here, <HI>&amp;c.</HI> And now here at this day (that is to &s;ay) at the &s;ame morrow, <HI>&amp;c.</HI> came as well the afore&s;aid <HI>M.</HI> as the &s;aid <HI>W.</HI> by their Attorneys afore&s;aid, and the Sheriff (that is to &s;ay) <HI>R. W.</HI> Knight, now returned, That the &s;aid <HI>L.</HI> and <HI>M.</HI> had no Lands or Chattels in his Bayliwick,
<NOTE PLACE="marg">Nichil returned</NOTE> which he could take into the hands of the &s;aid Keepers, <HI>&amp;c.</HI> To the value of the third part of the Lands, Tenements and Rent afore&s;aid: And that the &s;aid <HI>J. L.</HI> and <HI>M.</HI> had nothing in his Bayliwick, by which they could be &s;ummoned, whereupon the afore&s;aid <HI>M.</HI> prayeth her &s;eizin of the third part afore|&s;aid, with the Appurtenances, again&s;t the &s;aid <HI>W.</HI> to be adjudged unto her, <HI>&amp;c.</HI> Therefore it is con&s;idered, That the &s;aid <HI>M.</HI> recover her Seizin again&s;t the &s;aid <HI>W.</HI> of the third part afore&s;aid,
<NOTE PLACE="marg">Judgment for &s;ei&s;in.</NOTE> with the Appur|tenances: And the &s;ame <HI>W.</HI> into Mercy, <HI>&amp;c.</HI> And hereupon the a|fore&s;aid <HI>W.</HI> prayeth a Writ of the &s;aid Keepers, <HI>&amp;c.</HI> of cau&s;ing her to have full Seizin of the third part afore&s;aid, with the Appurtenan|ces, to be directed to the Sheriff of the County afore&s;aid, and it is granted to her returnable in three Weeks of the holy <HI>Trinity, &amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid <HI>W.</HI> by, <HI>&amp;c.</HI>
<NOTE PLACE="marg">The Tenant voucheth to Warranty.</NOTE> And heretofore he did vouch thereof to Warranty <HI>F.</HI> to be &s;ummoned in the County of <HI>G. &amp;c.</HI> Who now by &s;ummons to him made in the &s;ame County of <HI>G.</HI> by his Attorney, came, and demandeth to be &s;hewed to him, for what he ought to warrant him, &amp;c. And the &s;aid <HI>W.</HI> &s;aith, That the afore&s;aid Mannor, with the Appurtenances, whereof, &amp;c. being in the Seizin of the &s;aid <HI>W.</HI> his Father, who&s;e Heir he is,
<NOTE PLACE="marg">Texant plead|eth relea&s;e with Warranty, and the Voucher ac|knowledgeth the De<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d of his Father, and pleadeth no|thing by de&s;cent.</NOTE> one <HI>F.</HI> Father of the &s;aid <HI>F.</HI> who&s;e Heir he is, by his Writing, did Remi&s;e, Grant, and always for him and his Heirs for ever quit claim the &s;aid <HI>W.</HI> the Father, &amp;c. and his Heirs for ever, the whole Right or Claim which he had under the name of Rever&s;ion, or by any other ways might have in the Mannor afore|&s;aid, whereof, &amp;c. (as in others) and bound him&s;elf and his Heirs to Warranty, &amp;c. and produceth here in Court the afore&s;aid Writing, which te&s;tifieth the Premi&s;&s;es, &amp;c. and demandeth that he may warrant him: And the &s;aid <HI>F.</HI> doth well acknowledg, That the afore&s;aid Wri|ting is the Deed of the &s;aid <HI>F.</HI> his Father, &amp;c. and as Heir of the &s;aid <HI>F.</HI> by blood, having nothing by Hereditary Di&s;cent in Fee-&s;imple
<PB N="120" REF="63">of the &s;aid <HI>F.</HI> the Father, <HI>&amp;c.</HI> doth warrant to him, and rendereth the &s;aid <HI>A.</HI> her Dower, <HI>&amp;c.</HI> Therefore it is con&s;idered, That the afore|&s;aid <HI>A.</HI> recover her Seizin of the afore&s;aid third part, with the Appur|tenances, again&s;t the &s;aid <HI>W.</HI> the Son of <HI>W. &amp;c.</HI> And that the &s;ame <HI>W.</HI> have of the Land of the afore&s;aid <HI>F.</HI> to the value, <HI>&amp;c.</HI> And the &s;ame <HI>F.</HI> in Mercy, <HI>&amp;c.</HI></P>
<P>And as to this, That the afore&s;aid <HI>F.</HI> above to the &s;aid <HI>W.</HI> the &s;aid third part, as Heir of the &s;aid <HI>F.</HI> his Father, having nothing by blood, by Hereditary De&s;cent in Fee &s;imple, of the afore&s;aid <HI>F.</HI> the Father, to warrant, <HI>&amp;c.</HI> The &s;ame <HI>W.</HI> &s;aith, That the &s;aid <HI>F.</HI> hath Lands and Tenements at <HI>W.</HI> in the &s;aid County of <HI>B.</HI> and at <HI>W.</HI> in the County of <HI>S.</HI> and at <HI>W.</HI> in the &s;aid County of <HI>C.</HI> &s;ufficient, which de&s;cended from his &s;aid Father by Hereditary De&s;cent in Fee-&s;imple, whereof he may render to the &s;aid <HI>W.</HI> the value of the afore&s;aid third part, with the Appurtenances: Therefore it is commanded the Sheriff of the &s;aid County of <HI>B.</HI> That, <HI>&amp;c.</HI> he cau&s;e to be extended and apprized the &s;aid third part, with the Appurtenances, and al&s;o diligently enquire what Lands and Tenements did de&s;cend by Hereditary De&s;cent in Fee|&s;imple, to the &s;aid <HI>F.</HI> from his Father: And al&s;o it is commanded to both the Sheriffs of <HI>D.</HI> and <HI>S.</HI> That they al&s;o diligently enquire, what Lands and Tenements did de&s;cend to the &s;aid <HI>F.</HI> from the &s;aid <HI>F.</HI> his Father: And every one of the &s;aid Sheriffs, tho&s;e things which they &s;hall finde particularly, they cau&s;e to be extended and apprized, and the Extent and Apprizement which, <HI>&amp;c.</HI> every one of the afore&s;aid Sheriffs cau&s;e to be made known here in three Weeks of <HI>E.</HI> under Seal, <HI>&amp;c.</HI> And the Seals, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>S. Came,
<NOTE PLACE="marg">Ready to endow the Plaintiff, if he will deliver a Box with Deads, &amp;c. con|cerning the Ae&s;tate.</NOTE> <HI>&amp;c.</HI> and &s;aith, That the afore&s;aid <HI>E.</HI> her Action again&s;t him ought not to have, becau&s;e he &s;aith, That the &s;aid <HI>R.</HI> at the time of his Death, was &s;eized of the Tenements afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> and po&s;&s;e&s;&s;ed of a certain Box &s;ealed, with divers Deeds, Writings, and other Minuments, touching and con|cerning the Tenements afore&s;aid, with the Appurtenances, in the &s;ame Box contained: And the &s;ame <HI>R.</HI> being &s;o &s;eized of the &s;ame Tene|ments, with the Appurtenances, and po&s;&s;e&s;&s;ed of the Box afore&s;aid, with Writings, <HI>&amp;c.</HI> dyed thereof &s;eized and po&s;&s;e&s;&s;ed, after who&s;e Death, the Tenements afore&s;aid, with the Appurtenances, for that, that the &s;aid <HI>R.</HI> dyed without Heir of his Body i&s;&s;uing, did de&s;cend to the &s;ame <HI>J.</HI> as Brother and Heir of him the &s;aid <HI>R.</HI> And the Box afore|&s;aid, with the Writings, <HI>&amp;c.</HI> afterwards (that is to &s;ay) at <HI>D.</HI> afore&s;aid, came to the hands and po&s;&s;e&s;&s;ion of the &s;aid <HI>E.</HI> and the &s;ame <HI>J.</HI> then and there required of her the &s;aid <HI>E.</HI> the Box afore&s;aid, with the Wri|tings, <HI>&amp;c.</HI> to be delivered to him: And the &s;ame <HI>E.</HI> although often required, hath wholy refu&s;ed to deliver that Box, with the Writings, <HI>&amp;c.</HI>
<PB N="121" REF="63">to him, and yet doth refu&s;e, and unju&s;tly detaineth the &s;ame from him: And the &s;ame <HI>J.</HI> further &s;aith. That he is, and was always ready to endow her the &s;aid <HI>E.</HI> of the &s;ame Tenements, with the Appurte|nances, and to render the third part of tho&s;e Tenements to the &s;aid <HI>E.</HI> as her Dower, if the &s;ame <HI>E.</HI> will deliver the Box afore&s;aid, with the Deeds, <HI>&amp;c.</HI> to him the &s;aid <HI>J.</HI> And this he is ready, <HI>&amp;c.</HI> Judgment if, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>E.</HI> &s;aith, That &s;he, by any thing before alledged,
<NOTE PLACE="marg">The Plaintiff &s;aith, that &s;he doth not detain a Box with Deeds.</NOTE> from her Action afore&s;aid ought not to be barred, becau&s;e &s;he &s;aith, That &s;he doth not detain from the &s;aid <HI>J.</HI> the Box afore&s;aid, with the Deeds, <HI>&amp;c.</HI> in the form in which the &s;aid <HI>J.</HI> hath above alledged: and this &s;he prayeth, <HI>&amp;c. Trin.</HI> 4 and 5 <HI>Elizab. Rot.</HI> 1688. See <HI>Dyer,</HI> 239.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Detinue.</HEAD>
<P>J. <HI>W.</HI> late of <HI>G.</HI> in the County afore&s;aid, Yeoman,
<NOTE PLACE="marg"><HI>An Action of</HI> Detinue <HI>for certain Goods.</HI></NOTE> was &s;ummoned to an&s;wer <HI>A. H.</HI> of a Plea, That he render him Chattels to the value of five pounds, which he unju&s;tly detains from him, <HI>&amp;c.</HI> And where|upon the &s;aid <HI>A.</HI> by <HI>H L.</HI> his Attorney, &s;ays, That he (&s;uch a Day, Year, and Place) delivered to the afore&s;aid <HI>J.</HI> Chattels, that is to &s;ay, two pieces of Gold, one Gold Ring with a Ruby, and one other Gold Ring, one Hat, and one Handkercher, to the value, <HI>&amp;c.</HI> to be &s;afe kept, and to him the &s;aid <HI>Alexander,</HI> when he &s;hould be thereunto required, to be redelivered; yet the afore&s;aid <HI>J.</HI> although often required, the Chattels afore&s;aid to him the &s;aid <HI>A.</HI> he hath not as yet redelivered, but the &s;ame to him hitherto to redeliver hath denyed, and as yet doth deny, and unju&s;tly detain, whereupon he &s;aith, That he is damnified, and hath Damage to the value of five pounds; and thereupon he brings Suit, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid <HI>J.</HI> by <HI>R. P.</HI> his Attorney,
<NOTE PLACE="marg">Acknowledg|ment of the Action for part.</NOTE> comes and defends the Force and Injury, when, <HI>&amp;c.</HI> And as to the Hat and Hand|kercher afore&s;aid, of the Chattels afore&s;aid, the &s;aid <HI>J.</HI> &s;aith, That he cannot deny the afore&s;aid Action of the afore&s;aid <HI>A.</HI> thereof, nor but that he deraineth from the &s;aid <HI>A.</HI> the &s;ame Hat and Handkercher, in the form wherein the &s;aid <HI>A.</HI> hath above again&s;t him declared: Therefore it is con&s;idered, That the afore&s;aid <HI>A.</HI> recover again&s;t the &s;aid <HI>J.</HI> the &s;aid Hat and Handkercher, or the value of them, and the afore&s;aid <HI>J.</HI> thereof in Mercy:
<NOTE PLACE="marg">Mercy.</NOTE> And as to the re&s;idue of the afore|&s;aid Chattels, the afore&s;aid <HI>J.</HI> &s;aith,
<NOTE PLACE="marg">Non detinet <HI>for the re&s;idue.</HI></NOTE> That he detaineth not from the afore&s;aid <HI>A.</HI> the re&s;idue of the afore&s;aid Chattels,
<PB N="122" REF="64">nor any parcel thereof, in form wherein the &s;ame <HI>A.</HI> above again&s;t him declareth: And of this he puts him&s;elf upon the Country, and the a|fore&s;aid <HI>A.</HI> in like manner: Therefore Command is given to the She|riff, That he cau&s;e to come here after Saint <HI>Martins</HI> Day, fifteen days, twelve, <HI>&amp;c.</HI> By whom, <HI>&amp;c.</HI> and who neither, <HI>&amp;c.</HI> To recog|nize,
<NOTE PLACE="marg">One Taxing of Damages.</NOTE> <HI>&amp;c.</HI> Becau&s;e as well, <HI>&amp;c.</HI> And becau&s;e it is convenient that there be but one Tax of Damages for one entire Detainer of the Chat|tels afore&s;aid, if it &s;hould happen that the i&s;&s;ue afore&s;aid between the parties afore&s;aid above joyned, to be tryed for the &s;aid <HI>Alexander,</HI> and Judgment thereupon to be rendered for him: Therefore the &s;ame Taxing of Co&s;ts is to cea&s;e, until the i&s;&s;ue afore&s;aid, between the par|ties afore&s;aid above joyned, &s;hall be determined, <HI>&amp;c.</HI> at which day here came the parties, <HI>&amp;c.</HI> and the Sheriff &s;ent not the Writ, <HI>&amp;c.</HI> Therefore, as foremrly, Command is given to the Sheriff, That he cau&s;e to come here in eight Days after Saint <HI>Hillary,</HI> twelve, <HI>&amp;c.</HI> to recog|nize in form afore&s;aid,
<NOTE PLACE="marg">Venire <HI>award|ed,</HI></NOTE> <HI>&amp;c.</HI> at which time came the parties, <HI>&amp;c.</HI> and the Sheriff &s;ent not the Writ, <HI>&amp;c.</HI> Therefore, as further, Command is given to the Sheriff,
<NOTE PLACE="marg">and continued.</NOTE> That he cau&s;e to come here after <HI>Ea&s;ter</HI> fifteen Days, twelve, <HI>&amp;c.</HI> to recognize in form afore&s;aid, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AT which Day the Jury between the parties afore&s;aid,
<NOTE PLACE="marg">Judgment in a <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">etinue for Corn.</NOTE> upon the afore&s;aid Plea, was re&s;pited from thence between them here un|til this Day, to wit, <HI>&amp;c.</HI> then next following, unle&s;s the Ju&s;tices of our Lord the King, a&s;&s;igned to take A&s;&s;izes in the County afore&s;aid, by the form of the Statute, <HI>&amp;c.</HI> (&s;uch a Day next to come) at <HI>H.</HI> in the County afore&s;aid, had fir&s;t come. And now here at this Day came the afore&s;aid <HI>J. P.</HI> by his Attorney afore&s;aid, and the afore&s;aid Ju&s;tices of the A&s;&s;izes, before whom, <HI>&amp;c.</HI> have &s;ent here their Record in the&s;e words, Afterwards, <HI>&amp;c.</HI> Therefore it is con&s;idered, That the afore&s;aid <HI>J. P.</HI> recover again&s;t the &s;aid <HI>R.</HI> his Corn afore&s;aid, or the afore&s;aid four pounds for the value of it, and his Damages afore&s;aid unto twen|ty &s;hillings, by the Jury afore&s;aid in form afore&s;aid a&s;&s;e&s;&s;ed, as al&s;o &s;ix &s;hillings and eight pence to him the &s;aid <HI>J. P.</HI> for his Co&s;ts and Charges afore&s;aid, at his reque&s;t by the Court here by way of Increa&s;e adjudg|ed; which &s;aid Damages in the whole amount unto twenty &s;ix &s;hillings and eight pence; and the afore&s;aid <HI>R.</HI> in Mercy, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J <HI>G.</HI> was &s;ummoned to an&s;wer <HI>J. P.</HI> of a Plea,
<NOTE PLACE="marg"><HI>An Action of Detinue of a Che&s;t with wri|tings.</HI> Mich. 8 <HI>&amp;</HI> 9 Eliz. 1758.</NOTE> That he render him a certain Che&s;t locked, with certain Charters, Writings, and other Minuments contained in the &s;aid Che&s;t, which he detains from him un|ju&s;tly; and thereupon the &s;ame Plaintiff, by <HI>C.</HI> his Attorney &s;ays, That whereas he was lately po&s;&s;e&s;&s;ed of the afore&s;aid Che&s;t locked, with Charters, Writings, and other Minuments in the &s;aid Che&s;t con|tained
<PB N="123" REF="64">as of his proper Goods, and the afore&s;aid Plaintiff of the afore|&s;aid Che&s;t locked, with, <HI>&amp;c.</HI> contained, &s;o being po&s;&s;e&s;&s;ed (&s;uch a Day and Year) at <HI>C.</HI> afore&s;aid, did deliver the &s;aid Che&s;t locked, with Charters, <HI>&amp;c.</HI> to the afore&s;aid Defendant to be &s;afe kept, and to be redelivered to him the &s;aid Plaintiff, when he &s;hould be thereunto re|quired; yet the afore&s;aid Defendant, although often required, the a|fore&s;aid Che&s;t locked, with Charters, <HI>&amp;c.</HI> in it contained, to him the &s;aid Plaintiff hath not as yet redelivered, but the &s;ame to him hitherto to redeliver hath denyed, and as yet doth deny, and unju&s;tly detain; whereupon he &s;aith, That he is damnified, and hath Damage to the value of one hundred pounds, and thereupon he brings Suit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Defendant, by <HI>J. L.</HI> his Attorney,
<NOTE PLACE="marg">The Defendant pleads the deli|very to him and another upon a Condition.</NOTE> comes and de|fends the force and injury, when, <HI>&amp;c.</HI> and &s;aith, That the afore&s;aid Plaintiff ought not to have his Action afore&s;aid again&s;t him, becau&s;e he &s;aith, That the afore&s;aid Che&s;t, the Day and Year afore&s;aid, at <HI>C.</HI> a|fore&s;aid, was delivered to him the &s;aid Defendant by the afore&s;aid Plaintiff, and one <HI>S.</HI> to be &s;afely kept, under the condition following, that is to &s;ay, That the Charters, Writings, and Minuments in the &s;aid Che&s;t contained, might be &s;earched by the afore&s;aid <HI>T.</HI> and <HI>S.</HI> and their learned Councel, and that the Charters, Writings, and Minu|ments, that &s;hould be found to concern the Lands and Tenements of the afore&s;aid Plaintiff, &s;hould be then delivered to him the &s;aid Plain|tiff, and in like manner, that the Charters, Writings, and Minuments therein touching the Lands and Tenements of the afore&s;aid <HI>S.</HI> &s;hould be delivered to him the &s;aid <HI>S.</HI> But whether that Condition between them the &s;aid Plaintiffs, and <HI>S.</HI> be fulfilled or no, the &s;aid Defendant &s;ays, That he is ignorant, and prays, that the &s;aid <HI>S.</HI> may be thereupon warned, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Plaintiff &s;ays, That he,
<NOTE PLACE="marg">The Plaintiff maintains his Declaration, &amp; traver&s;eth the Condition.</NOTE> by any thing before al|ledged, ought not to be debarred from having his Action afore&s;aid, becau&s;e, as formerly, he &s;ays, That he, the Day and Year afore&s;aid, at <HI>C.</HI> afore&s;aid, did deliver the afore&s;aid Che&s;t, and, <HI>&amp;c.</HI> (as above in the Declaration) without that, That the afore&s;aid Che&s;t, with Charters, <HI>&amp;c.</HI> (as above in the Plea) was delivered to the afore&s;aid Defendant, and the afore&s;aid <HI>S.</HI> by him the &s;aid Plaintiff, to be &s;afe kept, under the Condi|tion, That the Charters, <HI>&amp;c.</HI> might be &s;earched by the afore&s;aid <HI>T.</HI> and <HI>S.</HI> (as in the Plea above) as the afore&s;aid Defendant hath above alledged: And this he is ready to aver, whereupon he prays Judgment, and the delivery of the Che&s;t afore&s;aid, with the Charters, <HI>&amp;c.</HI> and his Damages by rea&s;on of the Detainer of the &s;ame Che&s;t, with Charters, <HI>&amp;c.</HI> to be adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Defendant, as formerly, &s;ays,
<NOTE PLACE="marg">I&s;&s;ue upon the Traver&s;e.</NOTE> That the afore&s;aid Che&s;t, with Charters, <HI>&amp;c.</HI> (and &s;o maintain the Plea) as he above hath alledged, and of this he puts him&s;elf upon the Country, and the afore|&s;aid Plaintiff in like manner, therefore Command is given to the Sheriff, That he cau&s;e to come here twelve, &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="124" REF="65">
<P>AT which Day the Jurors between,
<NOTE PLACE="marg">Judgment in Detinue for Grain.</NOTE> of the Plea afore&s;aid, was put thereof between them into re&s;pite here until this Day, that is to &s;ay, from the Day of Saint <HI>Michael,</HI> in three Weeks then next fol|lowing, unle&s;s the Ju&s;tices a&s;&s;igned to take the A&s;&s;izes in the County a|fore&s;aid by the form of the Statute, <HI>&amp;c.</HI> at <HI>H.</HI> in the County afore|&s;aid, fir&s;t &s;hall come. And now here at this Day came the afore&s;aid <HI>J. P.</HI> by his Attorney afore&s;aid, and the &s;aid Ju&s;tices at the A&s;&s;izes, before whom, <HI>&amp;c.</HI> &s;ent here their Record in the&s;e words, Afterwards, <HI>&amp;c.</HI> Therefore it is con&s;idered, That the &s;aid <HI>J. P.</HI> recover again&s;t the &s;aid <HI>R.</HI> the Corn and Rye afore&s;aid, or the afore&s;aid thou&s;and pounds for value of the &s;ame, and his Damages afore&s;aid to twenty &s;hillings by the Jurors afore&s;aid in form afore&s;aid a&s;&s;e&s;&s;ed, and al&s;o &s;ix &s;hillings and eight pence to the &s;ame <HI>J. P.</HI> for his Co&s;ts and Charges afore&s;aid at his reque&s;t, by the Court here of Increa&s;e adjudged, which &s;aid Damages in the whole do amount to &s;ix and twenty &s;hillings and eight pence, and the &s;aid <HI>R.</HI> into Mercy, <HI>P.</HI> 7 <HI>H.</HI> 8. <HI>Rot.</HI> 306.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Ejectment.</HEAD>
<P><HI>Suff. &s;&s;. R. G.</HI> late of <HI>H.</HI> in the County afore&s;aid,
<NOTE PLACE="marg"><HI>A Declaration in Ejectment &s;ur demi&s;e.</HI> Hill. 20 Jac. <HI>Rot.</HI> 744.</NOTE> Yeoman, was attached to an&s;wer <HI>R. P.</HI> of a Plea, Wherefore by force and Arms, who Me&s;&s;uages, one Garden, eight Acres of Land, two Acres of Meadow, and three Acres of Pa&s;ture, with the Appurtenances in <HI>H.</HI> which <HI>R. C.</HI> to the afore&s;aid <HI>R. P.</HI> did demi&s;e for a Term which is not yet pa&s;t, he did enter, and him from his Farm afore&s;aid did eject, and other harms to him he did, to the great Damage of him the &s;aid <HI>R. P.</HI> and again&s;t the publique Peace, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>R. P.</HI> by <HI>J. H.</HI> his Attorney complains, That whereas the afore&s;aid <HI>R. C.</HI> (&s;uch a Day, Year and Place) did demi&s;e to him the &s;aid <HI>R. P.</HI> the Tene|ments afore&s;aid, with the Appurtenances, to have and to occupy to him and his A&s;&s;igns, from (&s;uch a Day then la&s;t pa&s;t) unto the end and term of one whole year from thence next following, and fully to be compleat and ended: By vertue of which Demi&s;e, the afore&s;aid <HI>R. P.</HI> into the Tenements afore&s;aid, with the Appurtenances, did enter, and was thereof po&s;&s;e&s;&s;ed; and he the &s;aid <HI>R. P.</HI> &s;o being thereof po&s;|&s;e&s;&s;ed, the afore&s;aid <HI>R. G.</HI> afterwards, <HI>to wit</HI> (&s;uch a Day and Year) afore&s;aid, by Force and Arms, <HI>&amp;c.</HI> the Tenements afore&s;aid, with the Appurtenances, which the afore&s;aid <HI>R. C.</HI> to him the &s;aid <HI>R. P.</HI> in form afore&s;aid demi&s;ed for the term afore&s;aid, which is not yet pa&s;t, did enter, and him from his Farm afore&s;aid did eject, and other harms, <HI>&amp;c.</HI> and to the great Damage, <HI>&amp;c.</HI> and again&s;t the Peace, <HI>&amp;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">.</HI>
<PB N="125" REF="65">Whereupon he &s;aith, that he is damnified, and hath damage to the va|lue of twenty pounds: and thereupon he brings his Action, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R.</HI> by <HI>R. L.</HI> his Attorney,
<NOTE PLACE="marg">The Defendant, as to part, plead not guil|ty,</NOTE> comes and defends the force and injury, when, <HI>&amp;c.</HI> And as to the whole Tre&s;pa&s;&s;e and Eject|ment afore&s;aid, above &s;uppo&s;ed to be done, be&s;ides the Tre&s;pa&s;&s;e and Ejectment in three acres of Land, of the Tenements afore&s;aid, with the Appurtenances, he the &s;aid <HI>R.</HI> &s;ays, That he is in no wi&s;e thereof guilty, as the afore&s;aid <HI>R. P.</HI> above again&s;t him complaineth; and of this he puts him&s;elf upon the Countrey, and the afore&s;aid <HI>R. P.</HI> thereof in like manner; and as to the Tre&s;pa&s;&s;e and Ejectment afore&s;aid in the afore&s;aid three acres of Land, of the Tenements afore&s;aid, with the Ap|purtenances, above &s;uppo&s;ed to be made,
<NOTE PLACE="marg">Not informed to the re&s;idue,</NOTE> the &s;aid Attorney of the afore|&s;aid <HI>R.</HI> &s;ays, That he is not informed by the afore&s;aid <HI>R.</HI> his Client of any an&s;wer for him the &s;aid <HI>R.</HI> to the &s;aid <HI>R. P.</HI> in the Plaint afore&s;aid therein to be given, and &s;aith nothing el&s;e thereunto, by rea&s;on whereof, he the &s;aid <HI>R. P.</HI> remaineth again&s;t him the &s;aid <HI>R. G.</HI> there|upon undefended, for which the &s;aid <HI>R. P.</HI> his afore&s;aid term of, and in the afore&s;aid three acres of Land, with the Appurtenances, and his damages, by rea&s;on of the Tre&s;pa&s;&s;e and Ejectment afore&s;aid in the &s;ame three acres of Land, ought not to recover; but becau&s;e it is con|venient and nece&s;&s;ary, that there be made one only taxing of damages for the whole Tre&s;pa&s;&s;e and Ejectment afore&s;aid, if it &s;hall happen, that upon the determining of the i&s;&s;ue afore&s;aid, Judgment &s;hall be rendred for the afore&s;aid <HI>R. P.</HI> therefore the Writ for giving of po&s;|&s;e&s;&s;ion in that behalf is to cea&s;e, and of inquiring of damages by rea|&s;on of the Tre&s;pa&s;&s;e and Ejectment afore&s;aid in the &s;ame three acres of Land, with the Appurtenances, for that, damages by rea&s;on of that Tre&s;pa&s;&s;e and Ejectment by the Jury upon the triall of the i&s;&s;ue afore|&s;aid above joyned, ought to be a&s;&s;e&s;&s;ed; and as to the trying of that i&s;&s;ue, command is given to the Sheriff, that he cau&s;e to come here in eight days, after the Purification of the ble&s;&s;ed Virgin <HI>Mary,</HI> twelve, <HI>&amp;c.</HI> By whom, <HI>&amp;c.</HI> and who neither, <HI>&amp;c.</HI> to Recognize, <HI>&amp;c.</HI> Becau&s;e, as well, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>A. <HI>W.</HI> lately of <HI>S.</HI> in the County of <HI>S.</HI> Lether &s;eller,
<NOTE PLACE="marg"><HI>A D<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ciaration in Ejectment upon Inden|ture,</HI> Trin, 4 Eliz. Rot, 949,</NOTE> was attached to an&s;wer <HI>Chri&s;topher Vava&s;our,</HI> Gentleman, wherefore by force of Arms, one Me&s;&s;uage, one Garden, one Orchard, one hundred acres of Land, <HI>&amp;c.</HI> in <HI>S.</HI> which the &s;ame <HI>C.</HI> holdeth for a term which is not yet pa&s;t, of the Deme&s;ne of <HI>A. T.</HI> Admini&s;trator, of the goods and chattells which were of <HI>A. C.</HI> the elder, who died in|te&s;tate, <HI>&amp;c.</HI> Which &s;aid <HI>A C.</HI> the &s;ame held for the &s;ame term of the Deme&s;ne of <HI>R. H.</HI> (to whom the &s;aid <HI>R. H.</HI>) <HI>T.</HI> the late Abbot of the late Mona&s;tery of Saint <HI>Saviours</HI> of <HI>Bermond&s;ay,</HI> now di&s;|&s;olved, demi&s;ed the &s;ame for that &s;ame term, did enter, and him
<PB N="126" REF="66">the &s;aid <HI>C.</HI> from his Farm afore&s;aid did eject, and other harms, &amp;c. to the great damage, &amp;c. and again&s;t the peace, &amp;c. And whereupon the &s;ame <HI>C.</HI> by <HI>T. Y.</HI> his Attorney, complains, That whereas the afore&s;aid Abbot was &s;eized of the Tenements afore&s;aid, with the Ap|purtenances, in his Deme&s;ne, as of Fee, in right of his late Mona&s;te|rie afore&s;aid; and &s;o being thereof &s;eized, he the &s;aid late Abbot, with the con&s;ent of the Covent of the &s;aid late Mona&s;terie, (&s;uch a day,
<NOTE PLACE="marg">Lea&s;e by an Abbet.</NOTE> year, and place) by his certain Deed indented, between him the &s;aid late Abbot, of the late Mona&s;terie afore&s;aid, and the then Co|vent of the &s;ame late Mona&s;terie on the one part, and the afore|&s;aid <HI>R. H.</HI> on the other part made; which other part, with the com|mon Seal of them the &s;aid Abbot and Covent &s;igned, he the &s;aid <HI>C.</HI> here in Court produces, who&s;e date is the &s;ame day and year, did de|mi&s;e, grant, and to Farm let unto the afore&s;aid <HI>R. H.</HI> the Tene|ments afore&s;aid, with the Appurtenances, by the name of that their whole Tenement or Graunge, lying and being neer the afore&s;aid Mona&s;terie, with all Lands, Meadows, and Pa&s;tures to the &s;ame Te|nement or Graunge belonging, to have or to hold to the afore&s;aid <HI>R. H.</HI> his Executors and A&s;&s;igns, from the Fea&s;t of the Annunciati|on, &amp;c. then la&s;t pa&s;t, to the end of the term of &s;ixty years from thence next following, to be fully compleat: By vertue of which &s;aid De|mi&s;e, he the &s;aid <HI>R. H.</HI> into the Tenements afore&s;aid, with the Appur|tenances, did enter, and was thereof po&s;&s;e&s;&s;ed: And &s;o being thereof po&s;&s;e&s;&s;ed,
<NOTE PLACE="marg">A&s;&s;ignment of <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">terns.</NOTE> he the &s;aid <HI>R. H.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day, year, and place) granted all his E&s;tate, Intere&s;t, and term of years which he then had to come, of, and in the Tenements afore&s;aid, with the Appur|tenances to the &s;aid <HI>A. C.</HI> By vertue of which &s;aid Grant, he the &s;aid <HI>A. C.</HI> in the &s;ame Tenements, with the Appurtenances, did enter, and was thereof po&s;&s;e&s;&s;ed: and &s;o being thereof po&s;&s;e&s;&s;ed, he the &s;aid <HI>A. C.</HI> after, and before the day of the i&s;&s;uing forth of the Originall Writ of him the &s;aid <HI>C.</HI> at <HI>B.</HI> afore&s;aid,
<NOTE PLACE="marg">A&s;&s;ignee dieth in<GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">tate.</NOTE> died inte&s;tate, after who&s;e death, the Admini&s;tration of all the goods and chattells which were the afore&s;aid <HI>A. C.</HI> at the time of his death, by <HI>Matthew,</HI> Arch-Bi&s;hop of <HI>Canterbury,</HI> Primate and Metropolitan of all <HI>England,</HI> at <HI>L.</HI> (&s;uch a day and year) to the afore&s;aid <HI>A. T.</HI> were committed, by which he the &s;aid <HI>A. T.</HI> after and before the day of the i&s;&s;uing forth of the Originall Writ afore&s;aid, into the Tenements afore&s;aid, did enter, and was thereof po&s;&s;e&s;&s;ed; and &s;o being thereof po&s;&s;e&s;&s;ed, he the &s;aid <HI>A. T.</HI> after and before the day of the i&s;&s;uing forth of the Originall Writ afore&s;aid, <HI>to wit,</HI> (&s;uch a day, year, and place) did grant all his State, Intere&s;t, and term of years, which he had then to come, of,
<NOTE PLACE="marg">Admini&s;trater <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word">.</NOTE> and in the Tenements afore&s;aid, with the Appurtenances, to him the &s;aid <HI>C. R.</HI> By vertue of which &s;aid Grant, he the &s;aid <HI>C.</HI> after and before the day of the i&s;&s;uing forth of the Originall Writ afore&s;aid, into the Tenements afore&s;aid, with the Appurtenances, did enter, and
<PB N="127" REF="66">was thereof po&s;&s;e&s;&s;ed, untill the afore&s;aid <HI>A.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day and year afore&s;aid) by force and arms into the Tenements afore|&s;aid, with the Appurtenances, which he the &s;aid <HI>C.</HI> in form afore&s;aid held for the term afore&s;aid, which is not yet pa&s;t, did enter, and him the &s;aid <HI>C.</HI> from his Farm afore&s;aid did eject, and other harms, <HI>&amp;c.</HI> to the great damage, <HI>&amp;c.</HI> and again&s;t the Peace, <HI>&amp;c.</HI> Whereupon he &s;aith, That he is damnified, and hath damage to the value of two hun|dred pounds, and thereupon he brings his Action, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>A.</HI> by <HI>R. F.</HI> his Attorney,
<NOTE PLACE="marg">The De&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ndant pleads he did not <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">j<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ct.</NOTE> comes and defendeth the force and injurie, when, <HI>&amp;c.</HI> and &s;ays, That he did not eject the afore&s;aid <HI>C.</HI> of the Tenements afore&s;aid, with the Appurtenances with|in the term afore&s;aid, as the &s;ame <HI>C.</HI> above again&s;t him complains: And of this he puts him&s;elf upon the Countrey, and the afore&s;aid <HI>C.</HI> in like manner: Therefore command is given to the Sheriff, that he cau&s;e to come, twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>HEnry O.</HI> late of, <HI>&amp;c.</HI> and <HI>S. V.</HI> late of, <HI>&amp;c.</HI> in Mercy,
<NOTE PLACE="marg">Declaration in Ejectment and for goods car|ried away.</NOTE> for many defaults, <HI>&amp;c.</HI> they the &s;aid <HI>H.</HI> and <HI>S.</HI> were attached, to an&s;wer <HI>P. M.</HI> and <HI>A. M.</HI> Executors of the Te&s;tament of <HI>J. M.</HI> of a Plea, wherefore they by force and arms, one hundred acres of Meadow, and five hundred acres of Pa&s;ture, with the Appurtenances, in <HI>W.</HI> (which <HI>J. O.</HI> did demi&s;e to <HI>J. E.</HI> for a term which is not yet pa&s;t, which &s;aid <HI>J. E.</HI> did demi&s;e the &s;ame to <HI>J. E.</HI> to the &s;ame term, which &s;aid <HI>J. P.</HI> did demi&s;e to the &s;aid <HI>J. M.</HI> at the &s;ame term) entred, and them the &s;aid <HI>P.</HI> and <HI>A.</HI> from their Farm afore&s;aid, did eject, in retarding of the Execution of the Te&s;tament afore&s;aid, and the goods and chat|tells of the &s;aid <HI>P.</HI> and <HI>A.</HI> to the value of fourty pounds, in the &s;ame Tenements found, did take and carry away, and other enor|mities, <HI>&amp;c.</HI> To the grievous damage, <HI>&amp;c.</HI> And again&s;t the publike peace, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>P.</HI> and <HI>A.</HI> by <HI>J. B.</HI> their At|torney, complain, that whereas the afore&s;aid <HI>J. O.</HI> (&s;uch a day and year) at <HI>W.</HI> afore&s;aid, by his certain Writing indented between him the &s;aid <HI>J. O.</HI> by the name, <HI>&amp;c.</HI> of the one part, and the afore&s;aid <HI>J. E.</HI> by the name, <HI>&amp;c.</HI> of the other part made, which other part &s;igned with the Seal of him the &s;aid <HI>J. O.</HI> they the &s;aid <HI>P.</HI> and <HI>A.</HI> produced here in Court, the date whereof is the &s;ame day and year, he had demi&s;ed to the &s;aid <HI>J. E.</HI> the Tenements afore&s;aid, with the Ap|purtences among&s;t other things, by the name, <HI>&amp;c.</HI> to have and to hold the Mannor afore&s;aid, and other the Premi&s;es, with their Ap|purtenances, to the afore&s;aid <HI>J. E.</HI> his Executors or A&s;&s;igns, from the Fea&s;t, <HI>&amp;c.</HI> then next pa&s;t, untill the end and term of twenty one years, from thence next following, and fully to be compleat; by vertue of which Demi&s;e, the &s;aid <HI>J. E.</HI> was of the afore&s;aid hundred acres of Meadow, and five hundred acres of Pa&s;ture, with the Appurtenances,
<PB N="128" REF="67">among&s;t other things po&s;&s;e&s;&s;ed, and being thereof &s;o po&s;&s;e&s;&s;ed, the &s;aid <HI>J. E.</HI> afterwards, (that is to &s;ay, &s;uch a day and year) at <HI>W.</HI> afore&s;aid, did grant his whole E&s;tate, Intere&s;t, and term of years, which he then had to come, of, and in the Mannor and Tenements, with the Appur|tenance, to the &s;aid <HI>J. P.</HI> by vertue of which Grant, the &s;aid <HI>J. P.</HI> was thereof po&s;&s;e&s;&s;ed, and being thereof &s;o po&s;&s;e&s;&s;ed, the &s;aid <HI>J. P.</HI> afterwards (that is to &s;ay, &s;uch a day and year) at <HI>W.</HI> afore&s;aid, did grant his whole E&s;tate, Intere&s;t, and term of years, which he then had to come, of, and in the Mannor and Tenements afore&s;aid, with the Appurtenances, to the &s;aid <HI>J. M.</HI> by vertue of which Grant, the &s;aid <HI>J. M.</HI> into the Tenements afore&s;aid, with the Appurtenances, did en|ter, and was thereof po&s;&s;e&s;&s;ed, and the &s;aid <HI>J. M.</HI> being &s;o thereof po&s;|&s;e&s;&s;ed,
<NOTE PLACE="marg">The Executors p<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;&s;e&s;sion by vertue of the will.</NOTE> the &s;aid <HI>J. M.</HI> at <HI>F.</HI> in the County of <HI>W.</HI> made his Te&s;tament and la&s;t Will in writing, and by the &s;ame did appoint them the &s;aid <HI>P.</HI> and <HI>A.</HI> Executors of his Te&s;tament afore&s;aid, and afterwards, there died thereof &s;eized; after who&s;e death, the &s;aid <HI>P.</HI> and <HI>A.</HI> into the afore&s;aid hundred acres of Meadow, and five hundred acres of Pa&s;ture, with the Appurtenances, among&s;t other things, did enter, and were thereof po&s;&s;e&s;&s;ed, by vertue of the Execution of the Te&s;tament afore|&s;aid, untill the &s;aid <HI>H.</HI> and <HI>S.</HI> after, (that is to &s;ay, &s;uch a day and year) by force and arms, <HI>&amp;c.</HI> into the &s;aid hundred acres of Meadow, and five acres of Pa&s;ture, with the Appurtenances, (which the &s;aid <HI>J. O.</HI> did demi&s;e to the &s;aid <HI>J. H.</HI> to the term afore&s;aid, which is not yet pa&s;t, which &s;aid <HI>J.</HI> did demi&s;e the &s;ame to the &s;aid <HI>J. P.</HI> to the &s;ame term, which &s;aid <HI>J. P.</HI> in form afore&s;aid, did demi&s;e the &s;ame to the &s;aid <HI>J. M.</HI> to the &s;ame term) did enter, and them the &s;aid <HI>P.</HI> and <HI>A.</HI> from their Farm afore&s;aid did eject, in retarding of the Execution of the Te&s;ta|ment afore&s;aid, and his goods and chattells (that is to &s;ay) twenty loads of Hay, <HI>&amp;c.</HI> to the value; <HI>&amp;c.</HI> in the &s;ame Tenements found, did take and carry away, and other enormities, <HI>&amp;c.</HI> to the grievous damage, <HI>&amp;c.</HI> and again&s;t the Peace, <HI>&amp;c.</HI> whereupon they &s;ay, that they are damnified, <HI>&amp;c.</HI> and thereupon they bring the Suit, <HI>&amp;c.</HI> And they produce here in Court the Letters Te&s;tamentary, <HI>&amp;c.</HI> by which, <HI>&amp;c.</HI> and thereof to have Admini&s;tration, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Entry in the <HI>Quibus,</HI> &amp;c.</HEAD>
<P>E. <HI>F.</HI> Widow,
<NOTE PLACE="marg"><HI>A Declaration on a Writ of Entry in</HI> Le Q<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">i&abbus; Trin. 4 Eliz Rot. 972.</NOTE> by <HI>R. W.</HI> her Attorney, demands again&s;t <HI>A. H.</HI> Gentleman, one Water-Mill, five acres of Land, and three acres of Meadow, with the Appurtenances, in <HI>H.</HI> and <HI>M.</HI> as her Right and Inheritance, and of which the &s;ame <HI>A.</HI> hath unju&s;tly, and without Judgment, di&s;&s;eized the afore&s;aid <HI>E.</HI> within thirty years now la&s;t pa&s;t:
<PB N="129" REF="67">And whereupon he &s;aith, That he him&s;elf was &s;eized of the Tenements afore&s;aid, with the Appurtenances in his Deme&s;ne, as of Fee and Right, in time of peace, in the time of our Lady the Queen that now is, taking the full, to the value, <HI>&amp;c.</HI> And of which, <HI>&amp;c.</HI> And there|upon he brings Suit, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid <HI>A.</HI> by <HI>W. Ryme</HI> his Attorney,
<NOTE PLACE="marg">Bar by de&s;cent.</NOTE> comes and de|fends his Right, when, <HI>&amp;c.</HI> And &s;ays, That the afore&s;aid <HI>E.</HI> ought not to have her Action afore&s;aid again&s;t him, becau&s;e he &s;aith, That before the day of the i&s;&s;uing forth of the originall Writ of her the &s;aid <HI>E.</HI> one <HI>F. H.</HI> father of him the &s;aid <HI>A.</HI> who&s;e Heir he is, was &s;eized of the Tenements afore&s;aid, with the Appurtenances, in his De|me&s;ne, as of Fee, and &s;o being thereof &s;eized of &s;uch his E&s;tate, died thereof &s;eized, after who&s;e death, the &s;ame Tenements, with the Ap|purtenances, did de&s;cend to him the &s;aid <HI>A.</HI> as to the Son and Heir of the afore&s;aid <HI>F.</HI> by which the &s;ame <HI>A.</HI> into tho&s;e Tenement, with the Appurtenances did enter, and was thereof &s;eized in his Deme&s;ne, as of Fee: And the afore&s;aid <HI>E.</HI> claiming the Tenements afore&s;aid, with the Appurtenances,
<NOTE PLACE="marg">Colour.</NOTE> by coulour of a certain Deed of Demi&s;e to her thereupon made, for term of her life, by the afore&s;aid <HI>F.</HI> whereas no|thing of the &s;ame Tenements, with the Appurtenances, into the Po&s;|&s;e&s;&s;ion of the afore&s;aid <HI>E.</HI> ever pa&s;&s;ed, into the &s;ame Tenements, with the Appurtenances, did enter, upon who&s;e the &s;aid <HI>Elizabeths</HI> Po&s;|&s;e&s;&s;ion thereof, he the &s;aid <HI>A.</HI> into tho&s;e Tenements, with the Appur|tenances, did re-enter, as it was lawfull for him to do: And this he is ready to aver, whereupon he demands Judgement, whether the afore|&s;aid <HI>E.</HI> ought to have her Action afore&s;aid again&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>E.</HI> &s;ays, That &s;he, by any thing before alledged, ought not to be debarred from having her Action afore&s;aid, becau&s;e &s;he &s;aith, That long before the afore&s;aid <HI>F.</HI> had any thing in the Tenements afore&s;aid, with the Appurtenances, one <HI>T. S.</HI> was &s;eized of the Tene|ments afore&s;aid, with the Appurtenances, in his Deme&s;ne, as of Fee, and &s;o being thereof &s;eized, died thereof &s;eized; after who&s;e death, the Tenements afore&s;aid, with the Appurtenances, did de&s;cend to the afore&s;aid <HI>E.</HI> as to the daughter and heir of the afore&s;aid <HI>T. B.</HI> By which the &s;ame <HI>E.</HI> into the Tenements afore&s;aid, with the Appurte|nances did enter, and was thereof &s;eized in her Deme&s;ne, as of Fee, untill the afore&s;aid <HI>F.</HI> into the Tenements afore&s;aid, with the Appur|tenances, upon the Po&s;&s;e&s;&s;ion of her the &s;aid <HI>E.</HI> did enter,
<NOTE PLACE="marg">Entry by di&s;|&s;eiz<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n.</NOTE> and the &s;ame <HI>E.</HI> did thereof, unju&s;tly, and without Judgment di&s;&s;eize, by which he the &s;aid <HI>F.</HI> was &s;eized of the Tenement afore&s;aid, with the Appur|tenances in his Deme&s;ne, as of Fee, by di&s;&s;eizin: And the afore&s;aid <HI>F.</HI> &s;o being thereof by that di&s;&s;eizin &s;eized, within five years next after that di&s;&s;eizin at <HI>H.</HI> in the County afore&s;aid, died thereof of &s;uch
<PB N="130" REF="68">his E&s;tate &s;eized, after who&s;e death the Tenements afore&s;aid, with the Appurtenances,
<NOTE PLACE="marg">Re<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">try within five years.</NOTE> did de&s;cend to the afore&s;aid <HI>A.</HI> as to the Son and Heir of the afore&s;aid <HI>F.</HI> by which he the &s;aid <HI>A.</HI> into the Tenements a fore|&s;aid, with the Appurtenances, did enter, upon who&s;e &s;aid <HI>A.</HI> his Po&s;|&s;e&s;&s;ion thereof, the &s;ame <HI>E.</HI> within five years after that di&s;&s;eizin, into the Tenements afore&s;aid, with the Appurtenances, did re-enter, and was thereof &s;eized in her Deme&s;ne, as of Fee, as in her remitter, untill the afore&s;aid <HI>A.</HI> her the &s;aid <HI>E.</HI> of the Tenements afore&s;aid, with the Appurtenances, unju&s;tly, and without Judgment did di&s;&s;eize, as the afore&s;aid <HI>E.</HI> by her Writ and Declaration afore&s;aid hath above &s;up|po&s;ed: And this &s;he is ready to aver, whereupon &s;he prays Judgment and Seizin of the Tenements afore&s;aid with the Appurtenances, to|gether with her damages, by rea&s;on of that di&s;&s;eizin to be adjudged unto her, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>A.</HI> by prote&s;tation, &s;ays, That the afore&s;aid <HI>T. S.</HI> did not die &s;eized of the Tenements afore&s;aid, with the Appurtenances, as the afore&s;aid <HI>E.</HI> hath above alledged; for Plea he &s;aith as formerly, That the afore&s;aid <HI>F. H.</HI> father of him the &s;aid <HI>A.</HI> who&s;e Heir he is, was &s;eized of the afore&s;aid Tenements, with the Appurtenances, in his Deme&s;ne, as of Fee; and &s;o being thereof &s;eized of &s;uch his E&s;tate, died &s;eized thereof: after who&s;e death, the &s;ame Tenements, with the Appurtenances, did de&s;cend to him the &s;aid <HI>A.</HI> as to the Son and Heir of him the &s;aid <HI>F.</HI> by which he the &s;aid <HI>A.</HI> into the Tene|ments afore&s;aid, with the Appurtenances, did enter, and was thereof &s;eized in his Deme&s;ne,
<NOTE PLACE="marg">The Tenant traver&s;eth the Di&s;&s;ezin by him made to the Deman|dant.</NOTE> as of Fee, as he hath above alledged, with|out that, that the afore&s;aid <HI>F.</HI> did di&s;&s;eize the afore&s;aid <HI>E.</HI> of the Te|nements afore&s;aid, with the Appurtenances, as the afore&s;aid <HI>E.</HI> hath above alledged: And this he is ready to aver, whereupon, as for|merly, he prays Judgment, and that the afore&s;aid <HI>E.</HI> may be debarred from having her Action afore&s;aid again&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>E.</HI> as formerly,
<NOTE PLACE="marg">I&s;&s;ue upon the di&s;&s;eizin.</NOTE> &s;aith, That the afore&s;aid <HI>F.</HI> un|ju&s;tly, <HI>&amp;c.</HI> did di&s;&s;eiz her the &s;aid <HI>E</HI> of the Tenements afore&s;aid, with the Appurtenances, as &s;he hath above alledged: And this &s;he prayeth may be inquired of by the Countrey, and the afore&s;aid <HI>A.</HI> in like manner: Therefore command is given to the Sheriff, that he cau&s;e to come here, on the morrow after <HI>All-Souls,</HI> twelve, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Information.</HEAD>
<P>BE it remembred,
<NOTE PLACE="marg"><HI>Suffolk</HI> &s;&s;. <HI>Information again&s;t a Po&s;on f<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> Non-re|&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">dence upon the Statute of</HI> 21 H. 8. Trin. 18. Jac. Rot. 412.</NOTE> That the twelfth day of <HI>February,</HI> el&s;ewhere, that is to &s;ay, in the Term of Saint <HI>Hillary,</HI> in the year of the Reign of our Lord King <HI>James,</HI> comes here into Court <HI>F. P.</HI> late of, <HI>&amp;c.</HI>
<PB N="131" REF="68">and exhibits here into Court his certain Information again&s;t one <HI>R. S.</HI> late of <HI>W.</HI> in the County of <HI>S.</HI> afore&s;aid, Clerk, the Tenor of which &s;aid Information follows in the&s;e words:</P>
<P>Waller, <HI>To the Ju&s;tices of the Lord the King of the Bench,</HI> Suff. <HI>&s;&s;. Be it remembered, That</HI> F. P. <HI>Gentleman, who as well for the Lord the King, as for him&s;elf, in this behalf followeth, came here into Court of our &s;aid Lord the King, before</HI> William Daniel, <HI>Knight, one of the Ju&s;tices of the Court of the &s;aid Lord the King, of the Bench, the twelfth day of</HI> Fe|bruary, <HI>in the &s;eventh year of the King, in his proper per&s;on: And as well for the &s;ame Lord the King, as for him&s;elf, gives the Court afore&s;aid here to under&s;tand and be informed; That whereas by a certain Act in Par|liament of King</HI> Henry <HI>the eight, held at</HI> We&s;tmin&s;ter, <HI>in the County of</HI> Middle&s;ex, <HI>the third day of</HI> November, <HI>in the one and twentieth year of his Reign, it &s;tands enacted by authority of the &s;ame Parliament, That after the Fea&s;t of Saint</HI> Michael <HI>the Arch-Angel, then next following, no per&s;on Spirituall, Secular, or Regular, of what&s;oever degree, he or they were, &s;hould from thence take to Farm, to him, or to any per&s;on or per&s;ons to his proper u&s;e, of the Lea&s;e or Grant of our Lord the King, or of any other per&s;on or per&s;ons, by Letters Patents, Indenture, Writing, by word, or otherwi&s;e, by any means, any Mannors, Lands, or Tenements, or other Hereditaments, for term of life, for term of years, or at Will, under the pain of forfeiture of ten pounds for every Month, wherein he, or any other to his u&s;e, did occupy and &s;uch Farm; the one moyetie of which forfeiture to be to our &s;aid Lord the King, and the other moyetie thereof to be to any &s;uch per&s;on, who &s;hould pro&s;ecute Suit in any of the Courts of Record of our Lord the King; in which Action and Suit no wager of Law was to be ad|mitted for the Defendant: And further, it is enacted by the Authority afore&s;aid, that all &s;uch Demi&s;es made, or then thereafter to be made, to any &s;uch per&s;on &s;pirituall, or per&s;ons, or to any others to their u&s;e for term of life, years, or at will, of any Mannors, Lands, Tenements or Here|ditaments, of which they or any of them &s;hould take any prifit, or med|ling, by them&s;elves, or by any other to their u&s;e, after the &s;ame Fea&s;t of Saint</HI> Michael, <HI>by colour of any Demi&s;e or Grant, and by them not bar|gained, granted, and &s;old, before the &s;aid Fea&s;t, as is before limited, &s;hould from thence be void, and of no force, as well again&s;t the Le&s;&s;or and Le&s;&s;ors, Grantor and Grantors, their Heirs and A&s;signs, and again&s;t any of them, as again&s;t the Le&s;&s;ee and Le&s;&s;ees, and their Executors and A&s;|&s;igns, and every of them: and la&s;tly, it is enacted by Authoritie of the &s;ame Parliament, that as well every &s;pirituall per&s;on then promoted to any Arch-Deaconarie, Deaconarie, or any Covent or Dignity in any Mona&s;te|rie or Cathedrall Church, or any Covent or Collegiate Church, or being beneficed with any Par&s;onage or Vicarage: that all and &s;ingular &s;pirituall per&s;on or per&s;ons which from thence hereafter &s;hould be promoted unto any Places, Dignities, or Benefices, with any Par&s;onage or Vicarage, from the Fea&s;t of Saint</HI> Michael <HI>the Arch-Angel, then next following, &s;hould
<PB N="132" REF="69">be per&s;onally re&s;ident and abiding at, and upon the Dignities, Prebendaries, or Beneficer, or at one of them at lea&s;t; and in ca&s;e any &s;uch &s;pirituall per&s;on at any time after the &s;ame Fea&s;t, &s;hould not keep re&s;idence at one of his Dignities, Prebendaries, or Benefices afore&s;aid, but &s;hall ab&s;ent him|&s;elf voluntarily by the &s;pace of one Month at one time, or by the &s;pace of two Months, to be numbred at &s;everall times in any one year, and &s;hall make his re&s;idence or habitation in any other place, by &s;uch time, afore|&s;aid, That then he or they &s;hall forfeit for every &s;uch default, ten pounds of lawfull money of</HI> England.</P>
<P>Yet the afore&s;aid <HI>R. S.</HI> lately of, <HI>&amp;c.</HI> being a &s;pirituall per&s;on, and Rector of the Pari&s;h of Saint <HI>E.</HI> in <HI>G.</HI> in the County afore&s;aid very little weighing the Statute afore&s;aid, nor in any manner fearing the puni&s;h|ment in the &s;ame Statute contained, after the publi&s;hing of the Act afore&s;aid, and before the day of the exhibiting this Information, <HI>to wit,</HI> (&s;uch a day and year) afore&s;aid, and continually after, by the &s;pace of eleven whole Months then next following, did voluntarily ab&s;ent him|&s;elf from his Rectory afore&s;aid; &s;o that the afore&s;aid <HI>R. S.</HI> did in no wi&s;e make his abode or re&s;idence in, at, or upon his Rectory afore&s;aid, by the time afore&s;aid, again&s;t the form of the Statute in that ca&s;e made and provided; by which the &s;aid <HI>R. S.</HI> forfeited and lo&s;t one hundred and ten pounds of lawfull money of <HI>England,</HI> (that is to &s;ay) for each Month of the afore&s;aid eleven Months, ten pounds: Whereupon the afore&s;aid <HI>F. P.</HI> who follows as well for our Lord the King, as for him|&s;elf, prays the advi&s;ement of the Court in the Premi&s;es; and that he the &s;aid <HI>F.</HI> may have the moyetie of the forfeiture afore&s;aid, according to the form and effect of the &s;ame Statute: as al&s;o that the afore&s;aid <HI>R.</HI> may come here into Court, to an&s;wer, in and upon the Premi&s;es, Pledges of pro&s;ecuting <HI>John Doe,</HI> and <HI>Richard Roe.</HI></P>
<P>And the afore&s;aid <HI>R.</HI> by <HI>N. H.</HI> his Attorney,
<NOTE PLACE="marg">Not guilty plea|d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">a.</NOTE> comes and defends the force and injury, when, <HI>&amp;c.</HI> and &s;ays, That he is in nothing guilty of the Premi&s;es laid to his charge in manner and form as the &s;ame <HI>F.</HI> who follows as well for the Lord the King, as for him&s;elf, by his Informati|tion afore&s;aid hath above &s;uppo&s;ed: And of this he puts him&s;elf upon the Countrey, and the afore&s;aid <HI>F.</HI> in like manner: Therefore com|mammand is given to the Sheriff, that he cau&s;e to come here, <HI>Wedne&s;day</HI> next after three weeks of the <HI>Holy Trinity,</HI> twelve, <HI>&amp;c.</HI> and who nei|ther, <HI>&amp;c.</HI> to Recognize, <HI>&amp;c.</HI> becau&s;e as well, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>BE it remembred,
<NOTE PLACE="marg"><HI>Information again&s;t a Re|ca&s;ant,</HI> Trin. <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> Jac. Rot. 28.52.</NOTE> That <HI>E. S.</HI> who as well for the Lord the King, and the poor of the Pari&s;h, <HI>&amp;c.</HI> as for him&s;elf in this behalf pro&s;ecutes, comes here into Court, the thirtieth of <HI>June,</HI> in this &s;ame term, in his proper per&s;on, and exhibits to the Ju&s;tices here, a certain Information again&s;t one <HI>E. B.</HI> of <HI>London,</HI> Widow, the Tenor of which &s;aid Infor|mation follows in the&s;e words: To the Ju&s;tices of our Lord the King,
<PB N="133" REF="69">of his Bench, <HI>London,</HI> &s;&s;. Be it remembred, That <HI>E. S.</HI> who as well for the Lord the King, and the poor of the Pari&s;h of Saint <HI>Mary Bowe</HI> in the Ward of <HI>Cheap, London,</HI> as for him&s;elf in this behalf pro&s;ecutes, comes here into Court the thirtieth day of <HI>June,</HI> in this &s;ame term, in his proper per&s;on, and as well for our &s;aid Lord the King, and the &s;ame poor of the Pari&s;h afore&s;aid, as for him&s;elf, gives the Court here to un|der&s;tand, and be informed, That one <HI>Elizabeth Blackwell</HI> of <HI>London,</HI> Widow, who the fir&s;t of <HI>October,</HI> in the &s;eventeenth year of the Reign of the King that now is, was of the age of &s;ixteen years and more, and abiding and inhabiting within this Realm of <HI>England,</HI> (that is to &s;ay) at the Pari&s;h of Saint <HI>Mary Bowe,</HI> in the Ward of <HI>Cheap, London,</HI> and from the afore&s;aid fir&s;t day of <HI>October,</HI> in the &s;eventeenth year afore|&s;aid, unto the day of the exhibiting this Information, (that is to &s;ay) by the &s;pace of eight whole Months and more, did not repair nor make her endeavour to repair unto the Pari&s;h-Church of Saint <HI>Mary Bowe,</HI> in the Ward of <HI>Cheap, London,</HI> afore&s;aid, nor unto any other Church, Chappell, or u&s;uall place of Common Prayer, and there remain order|ly, and to go away during the time of Common Prayer and Preaching, or other Doctrine or Service there u&s;ed or mini&s;tred; but for the whole time afore&s;aid at <HI>London,</HI> in the Pari&s;h and Ward afore&s;aid, having no lawfull excu&s;e, did voluntarily and ob&s;tinately forbear the &s;ame, again&s;t the Statute, in the like ca&s;e lately publi&s;hed and provided: wherepon the &s;aid <HI>E.</HI> as well for our &s;aid Lord the King, and the &s;aid poor of the Pari&s;h afore&s;aid, as for him&s;elf, prays the advi&s;ement of the Court in the Premi&s;es; and that the afore&s;aid <HI>E.</HI> may be lawfully thereof convicted, and for her offence afore&s;aid may forfeit an hundred &s;ixty pounds of lawfull money of <HI>England,</HI> (that is to &s;ay) twenty pounds for each Month of the afore&s;aid eight whole Months, in which the afore&s;aid <HI>E:</HI> did not repair unto the Church as afore&s;aid: And that the afore&s;aid forfeiture may be divided into three equall parts, And that the afore&s;aid <HI>E.</HI> may thereof have his third part, according to the form of the Statute afore&s;aid, and that the afore&s;aid <HI>Elizabeth</HI> may come here into Court, to an&s;wer in, and upon the Premi&s;es, <HI>&amp;c.</HI> Pledges of pro&s;ecuting, <HI>John Doe,</HI> and <HI>Richard Roe.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>BE it remembered,
<NOTE PLACE="marg">An Informa|tion upon the Statute of u&s;ing a Trade not be|ing Appren|tice.</NOTE> That <HI>W. S.</HI> who pro&s;ecutes as well for our Lord the King, as for him&s;elf, in this behalf, comes here into Court the &s;ixteenth day of <HI>June,</HI> in the eighteenth year of the King, in this &s;ame term, in his proper per&s;on, and as well for the &s;ame Lord the King, as for him&s;elf, gives the Court here to under&s;tand and be inform|ed, That one <HI>G. B.</HI> of <HI>E.</HI> in the County of <HI>D.</HI> Yeoman, betwixt the fir&s;t day of <HI>May</HI> la&s;t pa&s;t, and the day of exhibiting this Information at <HI>E.</HI> afore&s;aid, <HI>to wit,</HI> by the &s;pace of eleven whole Months now la&s;t<GAP DESC="illegible" REASON="right margin cropped or obscured" RESP="KEYERS" EXTENT="1 span">a&s;t, did u&s;e and exerci&s;e the Art, My&s;terie, or manuall Occupation
<PB N="134" REF="70">of a Cutler, the &s;ame <HI>G.</HI> being never educated or bred up in the Art, My&s;tery, or manuall Occupation of a Cutler, as an Apprentice by the &s;pace of &s;even years, according to the form of the Statute in the Parlia|ment of our Lady <HI>Elizabeth,</HI> late Queen of <HI>England,</HI> held at <HI>We&s;tmin&s;ter</HI> in the County of <HI>Middle&s;ex,</HI> the twelfth day of <HI>February,</HI> in the fifth year of her Reign in the like ca&s;e made and provided: And the &s;aid <HI>W.</HI> who, <HI>&amp;c.</HI> &s;aith, That the &s;aid <HI>G.</HI> at the time of the publi&s;hing of the &s;aid Act, did not u&s;e to exerci&s;e the Art, My&s;terie, or manuall Occupa|tion of a Cutler; and that the Art or My&s;terie of a Cutler, was u&s;ed the afore&s;aid twelfth day of <HI>Januarie</HI> afore&s;aid, above &s;pecified, by which the afore&s;aid <HI>G.</HI> hath forfeited two and twenty pounds of lawfull mo|ney of <HI>England,</HI> (that is to &s;ay) for every Month of the &s;ame eleven Months, wherein the afore&s;aid <HI>G.</HI> did u&s;e and exerci&s;e the Art or ma|nuall Occupation of a Cutler, again&s;t the form of the Statute afore&s;aid, as is above premi&s;ed fourty &s;hillings of lawfull money of <HI>England,</HI> whereupon the &s;aid <HI>W.</HI> who as well, <HI>&amp;c.</HI> prays the advi&s;ement of the Court in the Premi&s;es, and that he the &s;aid <HI>W.</HI> may have the moyetie of the forfeiture afore&s;aid, according to the form of the Statute afore|&s;aid; al&s;o that the afore&s;aid <HI>G.</HI> may come here into Court to an&s;wer, in and upon the Premi&s;es, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>COmmand was given to the Sheriff,
<NOTE PLACE="marg"><HI>Hiddle&s;ex.</HI> &s;&s;. <HI>A</HI> Scire facias <HI>and Judgment thereupon, af|ter a Recovery upon an Infor|mation again&s;t Ingro&s;&s;ors.</HI> Trin. 18 Jac. Rot. 419.</NOTE> whereas <HI>E. S.</HI> who pro&s;ecutes as well for the King as for him&s;elf, in that behalf, lately in the Court of our &s;aid Lord the King, (that is to &s;ay) in the Term of Saint <HI>Michael,</HI> in the fifteenth year of his Reign, before <HI>Henry Hobart,</HI> Knight and Baronet, and his fellows, then Ju&s;tices of our &s;aid Lord the King, of his Bench, here, <HI>to wit,</HI> at <HI>We&s;tmin&s;ter,</HI> by the con&s;ideration of the &s;ame Court, had recovered for our &s;aid Lord the King, and for him&s;elf, again&s;t <HI>W. T.</HI> of <HI>B.</HI> in the County of <HI>York,</HI> Yeoman, &s;eventy pounds, which to the &s;aid <HI>E.</HI> for our &s;aid L. the King, and for him&s;elf, in the &s;ame Court here were adjudged, by rea&s;on of a certain Tre&s;pa&s;&s;e and Con|tempt by him the &s;aid <HI>W.</HI> committed again&s;t the form of the Statute, the fifth year of the Reign of our Lord, King <HI>Edward</HI> the &s;ixth, again&s;t Ingro&s;&s;ers publi&s;hed, whereof he he is convicted, as by the Record and proceeding thereof, in the &s;ame Court of our Lord the King, here at <HI>We&s;tmin&s;ter</HI> afore&s;aid remaining, it manife&s;tly appears; yet the Execu|tion of the Judgement afore&s;aid as yet remains to be done, as by the Information of the afore&s;aid <HI>E.</HI> the King hath received, <HI>&amp;c.</HI> And be|cau&s;e, <HI>&amp;c.</HI> that by hone&s;t men, <HI>&amp;c.</HI> he make known to the afore&s;aid <HI>W.</HI> that be be here at this day, <HI>to wit,</HI> on <HI>Wedne&s;day</HI> after the mor|row after the Holy <HI>Trinity,</HI> to &s;hew if any thing, <HI>&amp;c.</HI> Wherefore the afore&s;aid <HI>E.</HI> for our afore&s;aid Lord the King and for him&s;elf, ought not to have Execution again&s;t him of the afore&s;aid &s;eventy pounds, accord|ing to the form of the Recovery afore&s;aid, if, <HI>&amp;c.</HI> And now here at
<PB N="135" REF="70">this day came the afore&s;aid <HI>E.</HI> in his proper per&s;on, and offered him|&s;elf again&s;t the afore&s;aid <HI>W.</HI> of the afore&s;aid Plea, and he being &s;o|lemnly required, came not: And the Sheriff now returns, That the afore&s;aid <HI>W.</HI> hath nothing, <HI>&amp;c.</HI> nor is found, <HI>&amp;c.</HI> Therefore it is con|&s;idered, that the afore&s;aid <HI>E.</HI> for our &s;aid Lord the King, and for him&s;elf, have Execution again&s;t the &s;aid <HI>W.</HI> of the afore&s;aid &s;eventy pounds by the &s;aid <HI>W.</HI> default, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Actions upon Statutes.</HEAD>
<P>AND thereupon the Plaintiff &s;ays,
<NOTE PLACE="marg"><HI>An Action up|on the Statute of the fi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;t year of K.</HI> Richard <HI>the third, a|gain&s;t a Sheriff for taking the goods of a per|&s;on in pri&s;on, before con|viction.</HI></NOTE> That whereas in the Parlia|ment of <HI>R.</HI> late King of <HI>England,</HI> the third, after the Conque&s;t, at <HI>We&s;tmin&s;ter,</HI> in the fir&s;t year of his Reign, held and publi&s;hed, among&s;t other things, It is ordained and E&s;tabli&s;hed, That no Sheriff, Under-Sheriff, E&s;cheator, Bailiff of a <HI>Franci&s;e,</HI> nor any other per&s;on, &s;hould take or &s;eize the goods of any per&s;on arre&s;ted or impri&s;oned for Felony, before the &s;aid per&s;on be &s;o arre&s;ted and impri&s;oned, &s;hould be convicted of &s;uch Felony, or be condemned according to the Law of <HI>England,</HI> or tho&s;e goods and chattels &s;hould be otherwi&s;e lawfully forfeited, under pain of forfeiting the double value of the goods &s;o taken, to him who in that part &s;hall be damnified, by an Action of Debt in that behalf, to be brought by the like Proces, Judgment, Exe|cution, as in Actions of Debt at the Common Law hath been pro&s;ecuted and u&s;ed: And that no E&s;&s;oyn or Protection in &s;uch like Actions &s;hould be admitted of, nor the Defendant in the &s;ame Action &s;hould be admitted to wage his Law, as in the &s;ame Statute more fully is con|tained. And the &s;aid <HI>Richard</HI> &s;ays, That he (&s;uch a day and year) at <HI>H.</HI> in the County of <HI>N.</HI> for &s;u&s;pition of Felony, was arre&s;ted and impri&s;oned: And although the &s;aid <HI>R.</HI> of the &s;ame Felony, hitherto hath not been convict or attaint, nor any goods of the &s;aid <HI>R.</HI> any ways were lawfully forfeit; yet the afore&s;aid <HI>J.</HI> the Statute afore&s;aid, in no ways weighing (&s;uch a day and year) at <HI>H.</HI> afore&s;aid, the goods, (that is to &s;ay) one Hor&s;e of the &s;aid <HI>R.</HI> to the value of fifty &s;hillings, did take and &s;eize, again&s;t the form of the Statute afore&s;aid, by which the Action hath accrued to the &s;aid <HI>R.</HI> to require and have of the &s;aid Defendant for the double value of the &s;aid Hor&s;e, the afore|&s;aid hundred &s;hillings, yet the &s;aid Defendant, although often re|quired the afore&s;aid hundred &s;hillings to the &s;aid Plaintiff, hath not paid, but the &s;ame, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<PB N="136" REF="71">
<P>G. <HI>W.</HI> lately of,
<NOTE PLACE="marg"><HI>York.</HI> &s;&s;. <HI>An Action upon the Statute for taking di&s;tre&s;&s;e out of the Fee.</HI> See the Stat.</NOTE> <HI>&amp;c.</HI> Yeoman, was attached to an&s;wer <HI>T. H.</HI> of a Plea, That whereas by the Common-Councel of this Realm of our Lady the Queen of <HI>England,</HI> it is provided, that it &s;hall not be lawfull for any per&s;on, to make Di&s;tre&s;&s;es for any cau&s;e what&s;oever, out of his Fee, nor in the Kings High way, nor in the Common &s;treet, un|le&s;&s;e to our Lady the Queen, and to her Mini&s;ters. The afore&s;aid <HI>G. W.</HI> who is no Mini&s;ter of our &s;aid Lady the Queen, <HI>&amp;c.</HI> out of his Fee at <HI>T.</HI> the Cattell of him the &s;aid <HI>H.</HI> in the Kings High-way, again&s;t the form of the provi&s;ion afore&s;aid, hath taken and impounded, and the afore|&s;aid Catiell hath kept long impounded, again&s;t the Law of our afore|&s;aid Lady the Queen, and again&s;t the Peace of our afore&s;aid Lady the Queen, <HI>&amp;c.</HI> And whereupon the afore&s;aid <HI>H.</HI> by <HI>R. G.</HI> his Attorney, complains, That whereas by the Common-Councell of the Realm of our &s;aid Lady the Queen of <HI>England;</HI> it is provided, That it &s;hall not be lawfull to any per&s;on to make Di&s;tre&s;&s;e for any cau&s;e what&s;oever, out of his Fee, nor in the Kings High-way, nor in the Common &s;treet, un|le&s;&s;e to our &s;aid Lady the Queen and her Mini&s;ters. The afore&s;aid <HI>G.</HI> who is no Mini&s;ter of our &s;aid Lady the Queen, <HI>&amp;c.</HI> out of his Fee at <HI>T.</HI> (&s;uch a day and year) the Cattell, (that is to &s;ay) two Hor&s;es of him the &s;aid <HI>H.</HI> in the Kings High Way, again&s;t the form of the provi&s;ion afore&s;aid, hath taken and impounded; and the &s;aid Cattell long, (that is to &s;ay) for the &s;pace of two days then next following, detained in Pound, again&s;t the Law of the Realm of our &s;aid Lady the Queen of <HI>England,</HI> and again&s;t the Peace of our &s;aid Lady the Queen, <HI>&amp;c.</HI> Where|by he &s;ays, that he is damnified, and hath damage to the value of ten pounds, and thereupon he brings Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>ANne Cautrel</HI> of <HI>T.</HI> in the County of,
<NOTE PLACE="marg"><HI>An Action of the Statute of</HI> 8 H. 6. <HI>again&s;t forcible En|tries,</HI> Pa&s;ch. 9 E. Reginae, Rot. 812.</NOTE> <HI>&amp;c.</HI> Widow, and <HI>H. C.</HI> &amp;c. were attached to an&s;wer <HI>H. A.</HI> of a Plea, That whereas in the Statute in the Parliament of the late King <HI>Henry</HI> the &s;ixth, at <HI>We&s;tmin|&s;ter,</HI> in the eighth year of his Reign, held and publi&s;hed, among&s;t other things it is contained; That if any per&s;on &s;hall be forcibly expul&s;ed and di&s;&s;eized of any Lands or Tenements, or &s;hall be peaceably expelled, and afterwards with a &s;trong hand held out, or any Feoffment or di&s;conti|nuance, after &s;uch his entry, be in any manner made to de&s;rand or take away the Right of the Po&s;&s;e&s;&s;or: That the party in that behalf grieved, &s;hal have again&s;t &s;uch a di&s;&s;eizor an A&s;&s;ize of new di&s;&s;eizin, or a Writ of Tre&s;pa&s;&s;e: And if the party grieved by A&s;&s;ize, or by Action of Tre&s;pa&s;&s;e &s;hall recover, and by verdict, or by other means, by due form of Law, if it be found that the party Defendant, into the Lands and Tenements &s;hall have entred by force, or them by force after &s;uch entry &s;hall have held, the Plantiff &s;hall recover his damages, to the treble value again&s;t
<PB N="137" REF="71">the Defendant: And further, &s;hall make Fine and Redemption to the Queen, as in the &s;aid Act is more fully contained; the afore&s;aid <HI>A.</HI> and <HI>H.</HI> into half an acre of Wood, of him the &s;aid <HI>J. A.</HI> with the Appur|tenances in <HI>D.</HI> by force and arms entred, and him the &s;aid <HI>J. A.</HI> by force and arms did expul&s;e and di&s;&s;eize, and him &s;o expul&s;ed and di&s;&s;eized of the afore&s;aid Wood, by &s;trong hand held out, and as yet holds out, to the contempt of our Lady the Queen that now is, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>H. A.</HI> by <HI>J. R.</HI> his Attorney, complains, that the afore&s;aid <HI>A.</HI> and <HI>H.</HI> and others, (&s;uch a day and year) into half an acre of Wood of him the &s;aid <HI>H. A.</HI> in <HI>D.</HI> afore&s;aid, by force and arms, (that is to &s;ay) with Swords, Staves, and Knives, did enter, and him the &s;aid <HI>H.</HI> with &s;trong hand, (that is to &s;ay) with elven men in War-like manner arrayed and armed, did expell and di&s;&s;eize; and him &s;o expul&s;ed and di&s;&s;eized of the afore&s;aid half acre of Wood with the Appurtenances, with &s;trong hand held out, and as yet holds out, in the contempt of our &s;aid Lady the Queen, and his the &s;aid <HI>H.</HI> great damage, and again&s;t the form of the Statute afore&s;aid, and again&s;t the Peace, <HI>&amp;c.</HI> Whereby he &s;ays he is damnified, and hath damage to the value of fourty pounds, and there|upon he brings Suit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>A.</HI> and <HI>H.</HI> by <HI>J. D.</HI> their Attorney,
<NOTE PLACE="marg">Bar.</NOTE> come and de|fend the force and injury, when, <HI>&amp;c.</HI> And what&s;oever, <HI>&amp;c.</HI> And as to the coming with force and arms, they &s;ay, They are thereof in no wi&s;e guilty, and of this, <HI>&amp;c.</HI> And the afore&s;aid <HI>H. A.</HI> in like manner; and as to the re&s;idue of the Tre&s;pa&s;&s;e and Entry afore&s;aid, above &s;uppo&s;ed to be done, they the &s;aid <HI>A.</HI> and <HI>H.</HI> &s;ay, That the afore&s;aid <HI>H</HI> ought not to have again&s;t them his afore&s;aid Action, becau&s;e they &s;ay, that long before the &s;aid time wherein the entry afore&s;aid is &s;uppo&s;ed to be made: One <HI>R. C.</HI> was &s;eized of one Me&s;&s;uage, twelve acres of Land, eight acres of Pa&s;ture, and two acres of Wood, with the Appurtenan|ces, among&s;t other things, in <HI>D.</HI> afore&s;aid, (whereof the &s;aid half acre of Wood, with the Appurtenances is, and the afore&s;aid time where|in, <HI>&amp;c.</HI> as al&s;o from the time, the contrary thereof is not extant in the memory of man, was parcell) in his Deme&s;ne, as of Fee; and the &s;ame <HI>R.</HI> &s;o being thereof &s;eized before the &s;aid time, wherein, <HI>&amp;c.</HI> of the afore&s;aid Tenements, with the Appurtenances, whereof, <HI>&amp;c.</HI> he did in|feoff one <HI>W. W.</HI> to have and to hold the Tenements afore&s;aid,
<NOTE PLACE="marg">A Feeffment to &V;&s;es.</NOTE> with the Appurtenances, among&s;t other things, whereof, <HI>&amp;c.</HI> to the afore&s;aid <HI>W. W.</HI> his Heirs and A&s;&s;igns, to the u&s;e of the afore&s;aid <HI>A.</HI> for term of her life, and after the death of the afore&s;aid <HI>A.</HI> to the u&s;e of him the &s;aid <HI>R.</HI> the elder, his Heirs and A&s;&s;igns for ever; by means of which &s;aid Feoffment, and by vertue of a certain Act of Parliament, for tran&s;|ferring u&s;es into po&s;&s;e&s;&s;ion made at <HI>We&s;tmin&s;ter,</HI> the fourth of <HI>February,</HI>
<NOTE PLACE="marg">The Statute of U&s;es.</NOTE> in the twenty &s;eventh year of our late Lord, King <HI>Henry</HI> the eighth, publi&s;hed and provided, the afore&s;aid <HI>A.</HI> was &s;eized of the Tenements afore&s;aid, with the Appurtenances, whereof, <HI>&amp;c.</HI> among&s;t other things,
<PB N="138" REF="72">in his Deme&s;ne as of Free-hold, the Remainder over, after the death of the afore&s;aid <HI>A.</HI> to the &s;aid <HI>R.</HI> his Heirs and A&s;&s;igns for ever, and the afore&s;aid <HI>H. A.</HI>
<NOTE PLACE="marg">The Colour.</NOTE> (claiming the afore&s;aid half acre of Wood, with the Appurtenances, by colour of a certain Deed of Demi&s;e to him there|upon made for term of his life, by the afore&s;aid <HI>R. C.</HI> the elder, where nothing of the &s;aid half acre of Wood, with the Appurtenances, into the po&s;&s;e&s;&s;ion of the afore&s;aid <HI>H. A.</HI> by the &s;aid Deed was ever transferred) into the &s;ame half acre of Wood, with the Appurtenances, before the &s;aid time, wherein, <HI>&amp;c.</HI> did enter, upon who&s;e &s;aid <HI>H. A.</HI> his Po&s;&s;e&s;&s;ion, the &s;aid <HI>A.</HI> in her own Right, and the afore&s;aid <HI>H. C.</HI> as the &s;ervant of the &s;ame <HI>Anne,</HI> and by her command, after, (that is to &s;ay) the &s;ame time wherein, <HI>&amp;c.</HI> did peaceably re-enter, and the afore|&s;aid <HI>H. A.</HI> of the afore&s;aid half acre of Wood, with the Appurtenan|ces, did peaceably expel and hold out, as it was lawfull, <HI>&amp;c.</HI> without that, that they the afore&s;aid twenty &s;eventh of <HI>April,</HI> in the &s;eventh year afore&s;aid,
<NOTE PLACE="marg">The Traver&s;e.</NOTE> by force and arms, <HI>&amp;c.</HI> and by &s;trong hand, into the afore&s;aid half acre of Wood, with the Appurtenances, made their entry, as the afore&s;aid <HI>H. A.</HI> above again&s;t them complains, and this they are ready to aver, whereupon they demand Judgment, whether the afore|&s;aid <HI>H. A.</HI> ought to have his Action again&s;t them, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>H. A.</HI> &s;aith,
<NOTE PLACE="marg">The Replicati|on to the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">a.</NOTE> That he by any thing before alledged, ought not to be debarred from having his afore&s;aid Action, becau&s;e by way of prote&s;tation, not acknowledging that the afore&s;aid half acre of Wood, with the Appurtenances, is, nor the afore&s;aid time, wherein, <HI>&amp;c.</HI> as al&s;o by the whole time afore&s;aid, were parcel of the Tenements afore|&s;aid, in the bar afor&s;aid &s;pecified: for Plea, the afore&s;aid <HI>H.</HI> &s;ays, That long before the &s;aid <HI>R.</HI> had any thing in the afore&s;aid half acre, of Wood, with the Appurtenances, <HI>E. A. J. A.</HI> and <HI>J. B.</HI> were of the afore&s;aid half acre of Wood, with the Appurtenances, among&s;t other things, <HI>&amp;c.</HI> &s;eized in their Deme&s;ne, as of Fee, and being &s;o thereof &s;eized before the &s;aid time, wherein, <HI>&amp;c.</HI> They the &s;aid <HI>E. A. J. A.</HI> and <HI>J. B.</HI> thereof did infeoff <HI>R. A. J. F. R. H.</HI> and <HI>E. B.</HI> to hold to them and their Heirs to the u&s;e of the afore&s;aid <HI>R. A.</HI> and his Heirs for ever; by rea|&s;on of which &s;aid Feoffment, and by force of the &s;aid Act of Parliament, held in the afore&s;aid twenty &s;eventh year of King <HI>Henry</HI> the eighth, <HI>&amp;c.</HI> at <HI>We&s;tmin&s;ter,</HI> for transferring u&s;es into po&s;&s;e&s;&s;ion, publi&s;hed and provided, the afore&s;aid <HI>R. A.</HI> was &s;eized of the afore&s;aid half acre of Wood, with the Appurtenances, whereof, <HI>&amp;c.</HI> in his Deme&s;ne, as of Fee: and he the &s;aid <HI>R.</HI> being &s;o thereof &s;eized, the &s;ame <HI>R.</HI> before the &s;aid time, wherein, <HI>&amp;c.</HI> at <HI>D.</HI> afore&s;aid, died thereof by prote&s;tation &s;eized; after who&s;e death, and before the &s;aid time, wherein, <HI>&amp;c.</HI> the afore&s;aid half acre of Wood, with the Appurtenances, did de&s;cend to him the &s;aid <HI>H. A.</HI> now, Plaintiff, as to the Son and Heir of him the &s;aid <HI>R.</HI> by which the &s;ame <HI>H.</HI> before the &s;aid time, wherein, <HI>&amp;c.</HI> into the afore|&s;aid half acre of Wood, with the Appurtenances, did enter, and was
<PB N="139" REF="72">thereof &s;eized in his Deme&s;ne, as of Fee, untill the afore&s;aid <HI>A.</HI> and <HI>H. C.</HI> him the &s;aid <HI>H.</HI> unju&s;tly and without Judgment by force and arms, and with a &s;trong hand did expell and di&s;&s;eize, again&s;t the Peace, <HI>&amp;c.</HI> as the &s;aid <HI>H. A.</HI> above, again&s;t them complains, by which they the &s;aid <HI>A.</HI> and <HI>H. C.</HI> were thereof &s;eized in their Deme&s;ne, as of Fee, by di&s;&s;eizin, <HI>&amp;c.</HI> And being &s;o &s;eized thereof by di&s;&s;eizin, <HI>&amp;c.</HI> the &s;ame <HI>A.</HI> and <HI>H.</HI> of the &s;aid half acre of Wood, with the Appurtenan|ces, did infeoff the afore&s;aid <HI>R. C.</HI> to hold to him and his Heirs for ever; By vertue of which &s;aid Feoffment the &s;ame <HI>R.</HI> was of the afore&s;aid half acre of Wood, with the Appurtenances, &s;eized in his Deme&s;ne, as of Fee, and he the &s;aid <HI>R.</HI> being &s;o thereof &s;eized, the &s;ame <HI>R.</HI> before the &s;aid time, wherein, <HI>&amp;c.</HI> of the &s;ame half acre of Wood, with the Appurte|nances, did infeoff the afore&s;aid <HI>W. W.</HI> to hold to him, his Heirs and A&s;|&s;ignes for ever, to the u&s;e of the afore&s;aid <HI>A.</HI> as the afore&s;aid <HI>A.</HI> and <HI>H. C.</HI> have above alledged: and this he is ready to aver, whereupon he de|mandeth Judgment and his damages, by rea&s;on of the Entrie afore&s;aid, to be adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>A.</HI> and <HI>H. C.</HI> as formerly, &s;ay,
<NOTE PLACE="marg">Rejoynder.</NOTE> That the afore&s;aid <HI>R. C.</HI> the elder, was &s;eized of one Me&s;&s;uage, twelve acres of Land, eight acres of Pa&s;ture and two acres of Wood, with the Appurtenances, in <HI>D.</HI> afore&s;aid, whereof the afore&s;aid half acre of Wood, with the Appurte|nances, and by the whole time afore&s;aid, was parcel, in his Deme&s;ne, as of Fee, and being &s;o thereof &s;eized, the &s;ame <HI>R.</HI> before the afore&s;aid time, wherein, <HI>&amp;c.</HI> of the &s;ame half acre of Wood, with the Appurtenances, did infeoff the afore&s;aid <HI>W. W.</HI> to hold to him, his Heirs and A&s;&s;igns for ever, to the u&s;e of the afore&s;aid <HI>Anne</HI> for term of her life, and after her decea&s;e, to the u&s;e of the afore&s;aid <HI>R.</HI> his Heirs and A&s;&s;igns for ever: By means of which &s;aid Feoffment, and by force of the Statute afore&s;aid, of transferring u&s;es into po&s;&s;e&s;&s;ion, publi&s;hed and provided,
<NOTE PLACE="marg">A traver&s;e of the di&s;&s;cizin.</NOTE> the afore&s;aid <HI>A.</HI> was of the tenements afore&s;aid, with the appurtenances, whereof, <HI>&amp;c.</HI> among&s;t other things, <HI>&amp;c.</HI> &s;eized in her Deme&s;ne, as of Free hold, the re|mainder thereof, after the death of the afore&s;aid <HI>A.</HI> to the afore&s;aid <HI>R.</HI> his Heirs &amp; A&s;&s;igns for ever, as they before have alledged, without that, that they the &s;aid <HI>A.</HI> and <HI>H.</HI> have di&s;&s;eized the afore&s;aid <HI>H. A.</HI> of the afore&s;aid half acre of Wood, with the Appurtenances, in <HI>D.</HI> afore&s;aid, as the afore&s;aid <HI>H. A.</HI> hath above alledged: and this they are ready to aver, wherupon, as formerly, they demand Judgment, and that the afore&s;aid <HI>H. A.</HI> may be debarred from having his Action afore&s;aid again&s;t them, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>H. A.</HI> as formerly, &s;ays,
<NOTE PLACE="marg">The i&s;&s;ue upon the traver&s;e.</NOTE> That the afore&s;aid <HI>A</HI> and <HI>H.</HI> have di&s;&s;eized him the &s;aid <HI>H.</HI> of the afore&s;aid half acre of Wood, with the Appurtenances, as he before hath alledged: And this he prays may be inquired of by the Countrey, and the afore&s;aid <HI>H.</HI> and <HI>A.</HI> in in like manner: Therefore command is given to the Sheriff, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<PB N="140" REF="73">
<HEAD>Prohibition.</HEAD>
<P>BE it remembred,
<NOTE PLACE="marg">A &s;ugge&s;tion for a Prohibition to the Court of Rique&s;t, for that the De|fendant being Heir, was im|pleaded there upon a &s;imple contract by his father, made in his life.</NOTE> that formerly, <HI>&amp;c.</HI> came <HI>E. B.</HI> of <HI>C.</HI> in the County of <HI>D.</HI> E&s;quire, Son and Heir of <HI>J. B.</HI> late of <HI>B.</HI> in the County of <HI>Surrey,</HI> E&s;quire, by <HI>F. B.</HI> his Attorney, and giveth to the Court to under&s;tand; That whereas by the Law of this Common-wealth of <HI>England,</HI> Heirs or Executors are not chargeable, nor ought to be charged with the payment of any Debts of their Ance&s;tors or Te&s;ta|tors, who&s;e Heirs or Executors they are, unle&s;&s;e it be by Writing or Bill, under the Seal of &s;uch their Ance&s;tors or Te&s;tators &s;igned; by which Writing, or by which Bill, &s;uch like Ance&s;tors or Te&s;tators have obliged them&s;elves, their Heirs or Executors, to pay and &s;atisfie &s;uch their Debts, to &s;uch per&s;ons to whom &s;uch their Ance&s;tors or Te&s;ta|tors have been indebted: Yet one <HI>J. C.</HI> of, <HI>&amp;c.</HI> not ignorant of the Premi&s;es, machinating him the &s;aid <HI>E.</HI> again&s;t the due form of the Common Law of the Land of this Common-wealth of <HI>England,</HI> un|duly and unju&s;ty to grieve, oppre&s;&s;e, and trouble; and al&s;o the Com|mon Law of this Common-wealth of <HI>England,</HI> to every per&s;on of this Nation, now of right due, to derogate and with&s;tand, and to &s;ubvert the due cour&s;e of right, the third day of <HI>December,</HI> (in &s;uch a year) in the Court of <HI>Reque&s;ts,</HI> before the Ma&s;ters of <HI>Reque&s;ts</HI> of that Court, did draw into Plea the &s;aid <HI>E.</HI> as Son and Heir of the afore|&s;aid <HI>J. B.</HI> of, and for a certain Debt of one hundred pounds to the &s;aid <HI>J. C.</HI> by the &s;aid <HI>J. B.</HI> in his life, &s;uppo&s;ed to be due upon a &s;imple Contract, without any Writing or Bill thereof under the Seal of the afore&s;aid <HI>J. B.</HI> in his life &s;igned, and to the afore&s;aid <HI>J. C.</HI> as the Deed of the &s;aid <HI>J. B.</HI> delivered; By which Writing, or by which Bill, the afore&s;aid <HI>J. B.</HI> in his life-time, did binde him&s;elf, his Heirs or Executors, to pay to the afore&s;aid <HI>J. C.</HI> the afore&s;aid hundred pounds, and unju&s;tly hath bound him the &s;aid <HI>E.</HI> in the afore&s;aid Court of <HI>Reque&s;ts,</HI> before the afore&s;aid Ma&s;ters of <HI>Reque&s;ts</HI> of that Court, of and upon the Premi&s;es, to appear and to an&s;wer the afore|&s;aid <HI>J. C.</HI> thereof, again&s;t the Law and Cu&s;tom of this Common-wealth of <HI>England:</HI> And although the afore&s;aid <HI>J. B.</HI> in his life, by any Wri|ting, or by any Bill, under the Seal of him the &s;aid <HI>J. B.</HI> in his life &s;igned, did not obliege him&s;elf, his Heirs or Executors, to pay to the afore&s;aid <HI>J. C.</HI> the afore&s;aid one hundred pounds. And although al&s;o the &s;ame <HI>E.</HI> the matter afore&s;aid by him above alledged, in the afore|&s;aid Court of <HI>Reque&s;ts,</HI> before the Ma&s;ters of <HI>Reque&s;ts</HI> in that Court, in his Exoneration of the Premi&s;es afore&s;aid above alledged, hath plea|ded, and hath offered to prove the &s;ame by unavoidable truth and te&s;ti|mony; yet the &s;aid Ma&s;ters of that Court of <HI>Reque&s;ts</HI> have not admitted
<PB N="141" REF="73">that Plea and Allegation, but altogether have refu&s;ed the &s;ame: And the afore&s;aid <HI>J. C.</HI> notwith&s;tanding the Plea, Allegation, and proof afore&s;aid, with his whole power doth endeavour, and thereby machi|nate to condemn him the &s;aid <HI>E.</HI> of, and in the Premi&s;es afore&s;aid, by the definitive Sentence of the &s;aid Court of <HI>Reque&s;ts,</HI> in con|tempt of our Lord the King, <HI>&amp;c.</HI> And the manife&s;t damage, pre|judice, impoveri&s;hment, and grievance of him the &s;aid <HI>E. B.</HI> and again&s;t the Laws of this Common-wealth of <HI>England:</HI> And this the &s;ame <HI>E. B.</HI> is ready to aver, as the Court, <HI>&amp;c.</HI> Whereupon the &s;ame <HI>E.</HI> humbly complaining, prayeth &s;peedy remedy and help of the Court of the &s;aid King, <HI>&amp;c.</HI> here, and a Writ of <HI>Prohibition</HI> of the &s;aid King, <HI>&amp;c.</HI> in form of Law, to be directed to the &s;aid <HI>J. C.</HI> and to his Coun&s;ellors, Attorneys, and Solicitors in this behalf what&s;oever, to prohibit them, and every of them, that they, or any of them, in the Cau&s;e afore&s;aid, in any wi&s;e, touching the Premi&s;es, may not pre&s;ume in any thing further to proceed in the afore&s;aid Court of <HI>Reque&s;ts,</HI> before the afore&s;aid Ma&s;ters of <HI>Reque&s;ts</HI> of that Court, nor to attempt any thing more in that behalf, in the afore&s;aid Court of <HI>Reque&s;ts,</HI> which may any wi&s;e accrue to the damage or prejudice of him the &s;aid <HI>E.</HI> or contempt of our Lord the King, <HI>&amp;c.</HI> And it is granted to him, <HI>&amp;c. M.</HI> 3. <HI>Jac. Rot.</HI> 1654.</P>
<DIV3 TYPE="subsection">
<P><HI>JAmes</HI> by the Grace of God, <HI>&amp;c.</HI> To <HI>Matthew Brown,</HI>
<NOTE PLACE="marg">A Writ of Pro|hibition in the Court of Re|que&s;ts.</NOTE> and to his Coun&s;ellors, Attorneys, and Solicitors in this behalf, what&s;oever, greeting. It is &s;hewed to Us in our Court, before Our Ju&s;tices at <HI>We&s;tmin&s;ter,</HI> on the behalf of <HI>Thomas Sholey</HI> of <HI>Wakefield,</HI> in the County of <HI>York,</HI> Chapman: That whereas in the <HI>Statute</HI> in the Par|liament of our Lord, <HI>Henry</HI> the third, late King of <HI>England,</HI> at <HI>W.</HI> in the County of <HI>Middle&s;ex,</HI> in the ninth year of His Reign, held, among&s;t other things; It is ordained and e&s;tabli&s;hed by Authority of the &s;ame Parliament, That no free-man may be taken or impri&s;oned,
<NOTE PLACE="marg">Magna Charta.</NOTE> or di&s;&s;eized of his Free-hold or Liberties, or of his Free cu&s;toms, or outlawed, or bani&s;hed, or any ways de&s;troyed, neither the Lord the King &s;hould go upon him, nor &s;hould pa&s;&s;e upon him, except by the lawfull Judgment of his Peers, or by the Law of the Land, as in the &s;ame <HI>Statute</HI> more fully is contained: And whereas al&s;o all and &s;ingu|lar Pleas of Debt, upon any contracts or &s;eals of any Merchandizes, by any one of Our Subjects, or the Factors of any of them made, within this Kingdom of <HI>England</HI> ari&s;ing, and the recognizances of their Pleas to Us and Our Kingly Crown are &s;pecially belonging and pertaining, and by the Laws of the Land of this Kingdom of <HI>England,</HI> in Our Courts of Record before Us, or Our Ju&s;tices, and not in the Court of <HI>Reque&s;ts</HI> before the Ma&s;ters of <HI>Reque&s;ts</HI> of that Court ought to be tried, de|termined
<PB N="142" REF="74">or decided, and always hitherto ought and have been accu|&s;tomed: And whereas the &s;ame <HI>T. S.</HI> being Subject of the &s;aid now Lord the King, and now is a free man this Kingdom of <HI>England,</HI> and &s;o by the whole time of his life time now pa&s;t hath been, and by rea&s;on thereof, ought to have and enjoy all and &s;ingular the Liberties and free Cu&s;tomes of this Kingdom of <HI>England</HI> hitherto for any our Liege people, and of our Progenitors the Kings and Queens of this Kingdom of <HI>England,</HI> u&s;ed and approved, yet one <HI>M<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> B.</HI> of <HI>W.</HI> in the &s;aid County of <HI>Y.</HI> Clothier, not ignorant of all and &s;ingular the premi&s;&s;es, notwith&s;tanding devi&s;ing and maliciou&s;ly intending not one|ly unduly to oppre&s;s, grieve, and trouble, him the &s;aid <HI>T.</HI> and again&s;t the form and effect of the Statute afore&s;aid, and the cognizance of the Plea, which to us and our Kingly Crown, and not to the afore&s;aid Court of Reque&s;ts any wi&s;e pertaineth and belongeth, to another de|termination in the afore&s;aid Court of Reque&s;ts to draw, and by that means to di&s;inherit us and our Kingly Crown, and to &s;poil and wholly deprive the &s;aid <HI>Thomas,</HI> of the Cu&s;tomes of this Kingdom of <HI>Eng|land</HI> afore&s;aid, and the I&s;&s;ues and Profits which may belong to us, for the Trials and Examinations of all and &s;ingular Pleas of Debt of our Subjects in our Courts afore&s;aid, to be had and done to our Kingly Crown, pertaining and belonging to adnull: by complaint hath drawn him the &s;aid <HI>T. S.</HI> into Plea in the afore&s;aid Court of Reque&s;ts before the Ma&s;ters of Reque&s;ts of that Court, for detaining and not paying of fifty pounds and ten &s;hillings, as the &s;ame <HI>M.</HI> hath affirmed to be due by the &s;ame <HI>T.</HI> for divers pieces of woollen Cloath bought of the afore&s;aid <HI>Matthew,</HI> by one <HI>J. S.</HI> by the &s;aid <HI>M.</HI> &s;uppo&s;ed to be Fa|ctor of him the &s;aid <HI>T.</HI> to the u&s;e of him the &s;aid <HI>T.</HI> by a certain Bill by him the &s;aid <HI>M.</HI> in the &s;ame Court of Reque&s;ts, again&s;t the &s;ame <HI>T.</HI> lately exhibited, warily and &s;ubtilly complaining and &s;uppo&s;ing again&s;t him the &s;aid <HI>Thomas,</HI> by his &s;ame Bill among&s;t other things, in the &s;ame Court of Reque&s;ts, that whereas the afore&s;aid <HI>M.</HI> u&s;ing the occupati|on of the buying of woollen Cloath, in the parts of <HI>York,</HI> and &s;elling of the &s;ame at <HI>Blackwell-Hall</HI> in the City of <HI>London:</HI> And whereas the &s;ame <HI>M.</HI> labouring in the &s;ame Occupation, and getting his living, in or about the Moneth of <HI>N.</HI> then la&s;t pa&s;t, had bought and carried to <HI>Blackwell-Hall</HI> afore&s;aid five Pieces of Cloath called Broads, and there had &s;old the &s;ame for the Sum of twelve pounds ten &s;hillings, whereof was &s;atisfied to him twenty &s;hillings onely by one <HI>G. S.</HI> who was noted and commonly known to be Factor and Actor, of and for him the &s;aid <HI>T. S.</HI> And whereas al&s;o afterwards (that is to &s;ay) in the Moneth of <HI>J.</HI> la&s;t pa&s;t, the &s;aid <HI>M.</HI> had carried to <HI>Blackwell-Hall</HI> the afore&s;aid fifteen Pieces of Cloath called Broads, and three Cloaths called Ker&s;eys of a mixt colour, and there had &s;old the &s;ame to the &s;aid <HI>G. S.</HI> for the Sum of two and forty pounds, whereof the &s;aid <HI>G.</HI> had paid to the hands of the &s;aid <HI>M.</HI> &s;ixty &s;hillings, leaving the re&s;idue unpaid: And whereas al|&s;o
<PB N="143" REF="74">both of the afore&s;aid Sales were made to the &s;aid <HI>G. S.</HI> as Pactor of the &s;aid <HI>D.</HI> and to his u&s;e, and the &s;ame Cloaths or Moneys from thence ari&s;ing, came to the hands or u&s;e of the &s;ame <HI>T.</HI> And by the &s;ame Bill &s;hewing, that notwith&s;tanding he had &s;o received, or was to receive the Money, and many of the &s;ame Cloaths and then having the re&s;t in his hands or cu&s;tody, the &s;ame <HI>T.</HI> then refu&s;ed to pay to the &s;aid <HI>M.</HI> the &s;aid &s;everal Sums, for the Cloaths afore&s;aid due, as by the &s;ame Bill be|fore the Ma&s;ters of Reque&s;ts in form afore&s;aid exhibited, and there re|maining among&s;t other things more fully appeareth: whereas in truth the afore&s;aid &s;everal Pieces of Cloath, by the afore&s;aid <HI>G.</HI> of the &s;aid <HI>M.</HI> in form afore&s;aid &s;everally bought, if any were bought, were bought by the &s;aid <HI>G.</HI> to the proper u&s;e of him the &s;aid <HI>G.</HI> and not to the u&s;e of him the &s;aid <HI>T.</HI> and whereas in truth the &s;aid <HI>G.</HI> never was Factor or Actor of the &s;aid <HI>T.</HI> in that behalf, nor ever authorized or commanded by the &s;aid <HI>T.</HI> to buy of the &s;aid <HI>M.</HI> the afore&s;aid &s;everal Pieces of Cloath, nor any of them, nor the Moneys from thence ari|&s;ing ever came to the hands or po&s;&s;e&s;&s;ion of him the &s;aid <HI>T.</HI> as the &s;ame <HI>M.</HI> by his Bill afore&s;aid hath fal&s;ly &s;uppo&s;ed, and the &s;ame <HI>Thomas</HI> at the day for his appearance by the &s;aid Court of Reque&s;ts prefixed in the &s;ame Court to appear, and to the &s;ame <HI>M.</HI> of, and upon the pre|mi&s;es to an&s;wer was forced and compelled: And although neither of the parties afore&s;aid (that is to &s;ay) neither the &s;ame <HI>T. S.</HI> not the &s;aid <HI>M. B.</HI> at the time of the exhibiting of the Bill afore&s;aid, in the afore|&s;aid Court of Reque&s;ts, or ever before, or afterward hitherto were, nor yet are of the Hou&s;hold of the &s;aid Lord the King, nor grieved with any poverty: And although al&s;o the afore&s;aid cau&s;e of complaint in the Bill afore&s;aid contained and &s;pecified, by the Laws of the Land of this Kingdom of <HI>England,</HI> and not by the Cen&s;ures of the afore&s;aid Court of Reque&s;ts, in any manner ought to be tried, examined, or de|termined: And although al&s;o the &s;ame <HI>T. S.</HI> all and &s;ingular the pre|mi&s;&s;es by him above in this behalf &s;ugge&s;ted and alleged in the afore|&s;aid Court of Reque&s;ts, before the afore&s;aid Ma&s;ters of Reque&s;ts of the &s;ame Court, in his di&s;charge, of and upon all and &s;ingular the Premi&s;|&s;es, by the &s;aid <HI>M.</HI> again&s;t him the &s;aid <HI>T.</HI> above as afore&s;aid required, again&s;t him the &s;aid <HI>M.</HI> hath often pleaded and alleged, and hath of|fered to prove the &s;ame by unevitable truth, yet the &s;aid Ma&s;ters of the Court of Reque&s;ts, that Plea, Allegation, and Proof, have wholly re|fu&s;ed, and yet do refu&s;e: And the afore&s;aid <HI>M.</HI> doth endeavour, and thereby threaten with his whole power, to compell him the &s;aid <HI>T.</HI> by the definitive Sentence of the &s;aid Court of Reque&s;ts, of, and upon the Premi&s;&s;es to condemn, and to pay the afore&s;aid Sum of fifty pounds and ten &s;hillings to the &s;aid <HI>M.</HI> in contempt of us and of our Laws, and the manife&s;t damage, prejudice, grievance and impoveri&s;hing of him the &s;aid T. and again&s;t the form and effect of the Common Law and Statute afore&s;aid: We therefore being willing to maintain the Laws
<PB N="144" REF="75">and Rights of our Crown, as we are bound in the Bond of an Oath, and being unwilling our Liege people with delays again&s;t the &s;ame to be hurt; we command and firmly enjoyn you and every of you, that the afore&s;aid T. in any wi&s;e before the &s;aid Ma&s;ters of Reque&s;ts, or any of them ye further draw not into Plea, neither any of you draw or cau&s;e to be mole&s;ted, neither in the cau&s;e afore&s;aid, in the afore&s;aid Court of Reque&s;ts, you further proceed or pre&s;ume to proceed, neither attempt or pre&s;ume to attempt any thing more therein, which may any ways accrue to the hurt of our Crown and Dignity, or to the damage, pre|judice, or grievance of him the &s;aid T. S. And if any thing therein by you or any of you &s;hall be attempted, you cau&s;e that as much as in you is without delay to be revoked: Witne&s;s <HI>E. Coke</HI> at <HI>We&s;tmin&s;ter</HI> the one and twentieth day of <HI>June,</HI> in the eighth year of King <HI>James.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>R. <HI>P.</HI> Clerk,
<NOTE PLACE="marg">Prohibition to be di&s;charged of Tithes for a Lime kill.</NOTE> Rector of the Pari&s;h Church of <HI>W.</HI> in the County a|fore&s;aid, was attached to an&s;wer as well our Lord the King, as <HI>J.</HI> T. of a Plea, wherefore he did follow a Plea again&s;t the &s;aid <HI>J.</HI> T. in the Court Chri&s;tian, again&s;t a Prohibition of the &s;aid Lord the King, <HI>&amp;c.</HI> and whereupon, <HI>&amp;c.</HI> doth complain, That whereas the &s;ame <HI>J.</HI> now hath, holdeth, occupieth, and by &s;ix whole years and more now la&s;t pa&s;t, hath held and occupied eight Acres of Land with the Appur|tenances, called <HI>B.</HI> and one Furnace called a <HI>Limekill,</HI> in the &s;ame eight Acres of Land by the whole time afore&s;aid being, and by the afore&s;aid &s;ix years and more now la&s;t pa&s;t, by his great pains and labour, out of the earth in <HI>W.</HI> afore&s;aid, hath digged, extracted, and prepared fit &s;tones in the Furnace afore&s;aid to be burned for making of Lime there|of, and with his like great co&s;ts and labour hath put tho&s;e &s;tones &s;o digged,
<NOTE PLACE="marg">Pre&s;cription for to be di&s;|charged of Tithes of &s;tones dug out of the earth by labour and <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s, and burnt into Lime, and of Lime of the &s;ame made, and of what&s;oever Minerals, or other things <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> one of the each.</NOTE> extracted, and made ready on a heap, upon and about the Fur|nace afore&s;aid, and at his great co&s;ts with wood and heath Ground, and other things combu&s;tible, hath burnt for the better making of the Lime thereof for nece&s;&s;ary u&s;e of buildings and &s;tructures of hou&s;es and Walls, and for the enriching of &s;uch Lands whereupon the Lime &s;hall be di&s;per&s;ed, for the maintenance of Tillage, and for increa&s;e of Hou&s;es, Grain, and Sub&s;i&s;tance, and maintaining of Food to the u&s;e and profit of this Kingdom of <HI>England,</HI> and whereas al&s;o the Tythes of &s;uch &s;tones digged up and extracted out of the earth with &s;uch labour and co&s;ts, and burnt and converted into Lime, or of Lime made out of &s;uch like &s;tones, or what&s;oever Mineralls or other things digged out of the earth within the Kingdom of <HI>England,</HI> by the Law of this Realm of <HI>England,</HI> ought not or were not u&s;ed to be paid or rendred, but all and &s;ingular per&s;on and per&s;ons, burning and converting &s;tones into Lime, time out of minde, from payment of Tythes, for &s;uch Lime have remained free, quiet, and acquitted, and by the Law of this Kingdom of <HI>England,</HI> have been and ought to be free, quiet, and acquitted, yet the
<PB N="145" REF="75">&s;aid <HI>R. P.</HI> not ignorant of the Premi&s;&s;es, devi&s;ing, <HI>&amp;c.</HI> the Lord the King, <HI>&amp;c.</HI> to di&s;inherit, <HI>&amp;c.</HI> de&s;iring to draw him the &s;aid <HI>J. T.</HI> into the Court Chri&s;tian, before, <HI>&amp;c.</HI> of and for taking away and not pay|ing of the Tythes of the Lime of the Furnace afore&s;aid, by him the &s;aid T. <HI>B.</HI> burnt in the Moneths of <HI>March, &amp;c.</HI> or in every, more, one, or any of the&s;e Moneths did craftily and &s;ubtilly implead in the &s;ame Court Chri&s;tian libelling again&s;t him the &s;aid <HI>J.</HI> T. that from ten, twenty, thirty, <HI>&amp;c.</HI> years la&s;t pa&s;t, and al&s;o time out of minde, within the Pari&s;h of <HI>W.</HI> afore&s;aid there hath been, and was a certain manner, u&s;e, and laudable cu&s;tome and manner of paying of Tithes for the Tithes of Lime (that is to &s;ay) that every Pari&s;hioner or any other, ha|ving any Furnaces of Lime, or Furnace within the bounds and limits and titheable places of the Pari&s;h of <HI>W.</HI> afore&s;aid, and in the &s;ame Fur|naces burning and making of Lime, or making and u&s;ing to burn and make any Lime, were u&s;ed and accu&s;tomed to pay for every Furnace after the Lime of the &s;ame Furnace was burnt to the Rector of the Church afore&s;aid, for the time being, two Hog&s;heads of Lime, for, and in the name and place of the Tithes of the Lime of &s;uch Furnace there burnt and made, and that the afore&s;aid <HI>J.</HI> T. in the Moneths and year afore&s;aid, or every one, &s;ome or any of tho&s;e Moneths, had three Fur|naces of Lime within the Pari&s;h of <HI>W.</HI> afore&s;aid, in which he burnt and made Lime to his u&s;e, and had at every burning and making of &s;uch Lime of every Furnace, an hundred Hog&s;heads of Lime, every Hogs|head thereof, of the price of &s;ix &s;hillings and eight pence, and that part did declare in every number of Hog&s;heads of the Lime afore&s;aid, and in every le&s;&s;er or greater Sum or value, to &s;uch and &s;o great a number, Sum, or value, as, and how much in the event of this Suit will be pro|ved. And that the afore&s;aid <HI>J.</HI> T. paid nothing for the Tithes of Lime to the Rector afore&s;aid, or his Deputy in that behalf, in the Moneths and years afore&s;aid, or every, &s;ome one, or any of tho&s;e Moneths, nei|ther compounded with him for the &s;ame; but again&s;t and contrary to the will and con&s;ent of him the &s;aid Rector wickedly and unju&s;tly hath taken, &s;ub&s;tracted, and had, all and &s;ingular &s;uch like Tithes, and to his own u&s;e applied, and him the &s;aid <HI>J.</HI> into the Court, <HI>&amp;c.</HI> by occa&s;ion of the premi&s;es, unju&s;tly hath bound to appear and to an&s;wer to the &s;aid <HI>B.</HI> of and upon the premi&s;es, and although the &s;ame <HI>J.</HI> T. the &s;aid matter above expre&s;&s;ed for his di&s;charge of the payment of the Tithes of Lime in the afore&s;aid Court Chri&s;tian, before, <HI>&amp;c.</HI> in form afore&s;aid, re|quired again&s;t the &s;ame <HI>R.</HI> hath pleaded, and hath offered to prove the &s;ame by inevitable te&s;timony and Truth; yet the &s;ame Judge, <HI>&amp;c.</HI> the Plea, <HI>&amp;c.</HI> hath refu&s;ed; and the afore&s;aid <HI>R.</HI> doth endeavour with his whole power, to condemn him the &s;aid <HI>J. T.</HI> by the definitive Sentence of the &s;aid Court Chri&s;tian, of, and upon the Premi&s;&s;es, and the Tythes, <HI>&amp;c.</HI> To pay, <HI>&amp;c.</HI> and thereby, <HI>&amp;c.</HI> to the manife&s;t damage, prejudice, grievance of the &s;aid <HI>J. T.</HI> and again&s;t the form of the Law
<PB N="146" REF="76">of this Kingdom of <HI>England,</HI> and although the &s;ame <HI>J. T.</HI> (&s;uch a day and year) at <HI>W.</HI> afore&s;aid did deliver to the &s;aid <HI>R.</HI> a Writ of Prohibiti|on of the &s;aid Lord the King, to him to the contrary thereof, yet the &s;aid <HI>R.</HI> hath not cea&s;ed further to follow that Plea, but hath further pro|&s;ecuted the &s;ame in the afore&s;aid Court Chri&s;tian, notwith&s;tanding the afore&s;aid Writ of Prohibition to him to the contrary thereof directed, in contempt of the &s;aid now Lord the King, and grievous damage of the &s;aid <HI>J. T.</HI> and again&s;t the Prohibition afore&s;aid, whereupon he &s;aith, that he is damnified,
<NOTE PLACE="marg">Bar in Prohibi|tion that of lyme burnt to be &s;old, tythes are to be paid, and averment the Lyme was burnt to be &s;old, and tra|ve &s;e the Pre|&s;cription.</NOTE> <HI>&amp;c.</HI></P>
<P>And the &s;aid Defendant, by, <HI>&amp;c.</HI> when, <HI>&amp;c.</HI> And all contempt and what&s;oever, <HI>&amp;c.</HI> and &s;aith, that he did not pro&s;ecute in the afore&s;aid Court Chri&s;tian, after the Prohibition of the &s;aid now Lord the King, to him to the contrary thereof delivered, as, <HI>&amp;c.</HI> And of this, <HI>&amp;c.</HI> likewi&s;e&punc; And for the Writ of the &s;aid Lord the King of con&s;ultation in this behalf to be had, the &s;ame <HI>R.</HI> &s;aith, who&s;oever hath, holdeth or occupieth any Furnace or Furnaces of Lime within the Pari&s;h of <HI>W.</HI> afore&s;aid, or bounds, limits, or titheable places of the &s;ame Pari&s;h, and burneth Stones in the &s;ame Furnace or Furnaces for the making of Lime thereof, and the Lime thereof doth make to &s;ell for his own proper gain and commodity thereof to be made, from the time of the contrary, whereof the memory of men is not extant, payeth and rendereth, and hath accu&s;tomed to pay and render for every Furnace of Lime after the Stones in the &s;ame Furnace were burnt, and the Lime thereof was made, to the Rector of the Pari&s;h Church afore&s;aid, or to his Farmour or Deputy of that Rectory, or the Tithes thereof for the time being, two Hog&s;heads of Lime for Tithes, out and of the Lime of every &s;uch Furnace there &s;o made; and the &s;ame <HI>R.</HI> further &s;aith, that the Lime afore&s;aid whereof the Tithes by him in the Court Chri&s;tian afore|&s;aid demanded, was made of Stones by the afore&s;aid <HI>J. T.</HI> who, <HI>&amp;c.</HI> in the year of our Lord 1612. above&s;aid, in his Furnace afore&s;aid, or the making of the Lime thereof burnt with that intention to &s;ell the &s;ame Lime to any per&s;on or per&s;ons what&s;oever, willing to buy the &s;ame for the proper gain and commodity of him the &s;aid <HI>J.</HI> thereof to be made, and afterwards in the &s;ame year by him the &s;aid <HI>J.</HI> was &s;old for great &s;ums of Moneys thereof coming, above and be&s;ides the co&s;t and labour of him the &s;aid <HI>J.</HI> in burning and making that Lime expended, to the great gain, commodity, and profit of him the &s;aid <HI>J.</HI> And becau&s;e the afore&s;aid <HI>J. T.</HI> who, <HI>&amp;c.</HI> the Tithes out of the Lime afore&s;aid by him the &s;aid <HI>J.</HI> in his Furnace afore&s;aid, in form afore&s;aid made, in the year of our Lord, and the moneths afore&s;aid, to the &s;ame <HI>R.</HI> then and yet Rector of the Pari&s;h Church afore&s;aid being, did refu&s;e to pay, and did &s;ub&s;tract the Tithes to the &s;ame <HI>R.</HI> belonging; the &s;ame <HI>R.</HI> the afore&s;aid <HI>J. T.</HI> who, <HI>&amp;c.</HI> of and for the &s;ub&s;traction and not pay|ment of tho&s;e Tithes in the afore&s;aid Court Chri&s;tian, before the pro|&s;ecution of the afore&s;aid Writ of Prohibition, did draw into Plea:
<PB N="147" REF="76">As, <HI>&amp;c.</HI> without this, that all and &s;ingular per&s;on or per&s;ons burning and converting &s;uch Stones into Lime, from the time of the contrary whereof the memory of men is not extant, from the payment of Tithes for &s;uch like Lime, free, quiet and acquitted, have remained and continued; as, <HI>&amp;c.</HI> And this, <HI>&amp;c.</HI> Judgment and a Writ of Con&s;ulta|tion of the &s;aid Lord the King in this behalf to be granted, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J. T.</HI> as to the afore&s;aid Plea of the afore&s;aid <HI>R.</HI>
<NOTE PLACE="marg">The Plain iff demurres in Law.</NOTE> as to the &s;ub&s;traction and detaining of the Lime afore&s;aid above for con&s;ultation thereof to be had, pleaded, &s;aith, That by any thing by the afore&s;aid <HI>R.</HI> in the &s;ame Plea above pleaded, alledged, the Writ of the &s;aid Lord the King of Con&s;ultation thereof ought not to be grant|ed, becau&s;e he &s;aith, That that Plea in manner and form afore&s;aid plead|ed, and the matter in the &s;ame contained, is not &s;ufficient in Law to have the Writ of the &s;aid Lord the King of Con&s;ultation thereof; and that he to that Plea in manner &amp; form afore&s;aid pleaded, hath no need, neither by the Law of the Land is held to an&s;wer: And this, <HI>&amp;c.</HI> Whereupon for want of the &s;ufficient An&s;wer of the &s;aid <HI>R.</HI> in this be|half, the &s;ame <HI>J.</HI> prayeth Judgment, and his Damages by rea&s;on of the premi&s;es to be adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R. P.</HI>
<NOTE PLACE="marg">Joynder in demurre.</NOTE> for as much as he hath above alledged &s;uf|ficient matter in Law to maintain the Writ of the &s;aid Lord the King of Con&s;ultation again&s;t the afore&s;aid <HI>J. T.</HI> to be granted to him, which he is ready to aver; which &s;aid matter the &s;aid <HI>J.</HI> hath not de|nied, neither hath an&s;wered any thing to the &s;ame, but altogether re|fu&s;eth to admit that Averment: The &s;ame <HI>R.</HI> as formerly prayeth Judgment, and the Writ of our &s;aid Lord the King of Con&s;ultation to be granted to him, <HI>&amp;c.</HI> And becau&s;e the Ju&s;tices here, <HI>&amp;c.</HI> Day is gi|ven, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Partition.</HEAD>
<P><HI>ANthony Cook</HI> Knight, in Mercy for many defaults, <HI>&amp;c.</HI></P>
<P>The &s;aid <HI>A.</HI> and T. <HI>W.</HI> E&s;quire were &s;ummoned to an&s;wer <HI>P.</HI> T. Gentleman,
<NOTE PLACE="marg">Trin. 8 Eliz. Reginae, Rot, 922.</NOTE> of a Plea, that whereas they the &s;aid <HI>P.</HI> and the afore&s;aid <HI>A.</HI> and <HI>T.</HI> together and undivided, do hold to them and their Heirs the Mannour of <HI>Da&s;&s;ets, alias Dor&s;et,</HI> with the Appurtenances, They the &s;aid <HI>A.</HI> and T. that Partition may be made thereof between them according to the form of the Statute in that ca&s;e publi&s;hed and pro|vided do deny and the &s;ame mo&s;t unju&s;tly permit not to be done, a|gain&s;t the form of the Statute afore&s;aid, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>P.</HI> by <HI>T. L.</HI> his Attorney, &s;aies, That whereas he and the afore&s;aid <HI>An|thony</HI> and <HI>Thomas,</HI> together and undivided do hold to them and their
<PB N="148" REF="77">Heirs, the Mannor afore&s;aid with the Appurtenances, whereof un|to him the &s;aid <HI>Peter</HI> and his Heirs, it belongs to have one part of the Mannor afore&s;aid with the Appurtenances, in three parts equally to be divided; and unto the afore&s;aid <HI>Anthony</HI> and his Heirs, it per|tains to have another part of the &s;ame Mannor with the Appurte|nances, in three equal parts, as is afore&s;aid, to be divided: And unto the afore&s;aid <HI>Thomas</HI> and his Heirs it pertaineth to have a third part of the re&s;idue thereof; to hold to them in &s;everalty; &s;o that the &s;ame <HI>Peter</HI> of his part of the Mannor afore&s;aid with the Appurte|nances to him belonging, and the afore&s;aid <HI>Anthony</HI> of his part of the Mannor afore&s;aid with the Appurtenances to him thereof belong|ing, may be able &s;everally to improve to them&s;elves; they the &s;aid <HI>An|thony</HI> and <HI>Thomas</HI> to make Partition thereof between them, according to the form of the Statute in that ca&s;e made and provided, do deny, and the &s;ame mo&s;t unju&s;tly permit not to be done, again&s;t the form of the. Statute afore&s;aid; whereupon he &s;aies he is damnified, and hath Da|mage to the value of an hundred pounds, and thereupon he bringeth Suit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>Anthony,</HI>
<NOTE PLACE="marg">One Defendant appears by At|torney, and the other in proper per&s;on.</NOTE> by <HI>W. S.</HI> his Attorney, and the afore|&s;aid T. <HI>W.</HI> in proper per&s;on come and defend the force and injury, when, <HI>&amp;c.</HI> and the &s;ame <HI>Anthony</HI> &s;aies, That Partition between him the &s;aid <HI>Anthony,</HI> and the afore&s;aid <HI>Peter</HI> and <HI>Thomas Wooton</HI> of the Mannor afore&s;aid with the Appurtenances ought not to be made, be|cau&s;e he &s;aith, That long before the &s;aid <HI>Peter</HI> had any thing in the &s;ame Mannor with the Appurtenances, one <HI>E. Belknapp</HI> Knight, was &s;eized of the Mannor afore&s;aid with the Appurtenances, in his Deme&s;ne as of Fee; and the afore&s;aid <HI>E.</HI> being &s;o thereof &s;eized, of &s;uch his E&s;tate died thereof &s;eized without any Heirs of his body i&s;&s;uing: After who&s;e death, the Mannor afore&s;aid with the Appurtenances, did de&s;cend unto one <HI>Mary Dannet</HI> Widow, as to one of the Si&s;ters and Heirs of the &s;ame <HI>Edward Belknap,</HI> and to them the &s;aid <HI>Anthony,</HI> and the afore&s;aid <HI>Thomas Wootton,</HI> as to the Cozens and Co-heirs of the afore|&s;aid <HI>E.</HI> that is to &s;ay, to him the &s;aid <HI>Anthony,</HI> as to the Son and Heir of <HI>John Coke</HI> E&s;q Son and Heir of <HI>Elizabeth,</HI> another of the Si&s;ters and Co-heirs of the afore&s;aid <HI>E. B.</HI> and to the afore&s;aid <HI>Thomas;</HI> as to the Son and Heir of <HI>Edward Wootton</HI> Knight, Son and Heir of <HI>Anne,</HI> another Si&s;ter and Co-heir of the afore&s;aid <HI>E. B.</HI> Knight, by which the &s;ame <HI>Mary Dannet, Anthony</HI> and <HI>Thomas,</HI> in the Mannor afore|&s;aid with the Appurtenances did enter, and were thereof &s;eized in their Deme&s;ne as of Fee, and they the &s;aid <HI>Mary, Anthony,</HI> and <HI>Thomas,</HI> &s;o being thereof &s;eized, the afore&s;aid <HI>M.</HI> long before the afore&s;aid <HI>Peter</HI> had any thing in the Mannor afore&s;aid with the Appurtenances, of one moity of her third part of the Mannor afore&s;aid with the Appurte|nances thereof belonging to her the &s;aid <HI>Mary</HI> did enfeoff one <HI>Daniel</HI> her younger Son, to have and to hold to him the &s;aid T. <HI>D.</HI>-and his heirs,
<PB N="149" REF="77">for ever; by means whereof the afore&s;aid <HI>T. D.</HI> was &s;eized of the afore|&s;aid one moyetie of the &s;aid third part of the Mannor afore&s;aid, with the Appurtenances, to her the &s;aid <HI>Mary</HI> belonging in his Deme&s;ne, as of Fee, and the afore&s;aid <HI>M.</HI> of the other moytie of the &s;aid third part of the mannor afore&s;aid, with the Appurtenances, to her the &s;aid <HI>M.</HI> here|of belonging, in form afore&s;aid, being &s;eized of &s;uch her E&s;tate, died thereof &s;eized, after who&s;e death, the afore&s;aid other moyetie of the &s;aid third part of the Mannor afore&s;aid, with the Appurtenances, to her the &s;aid <HI>M.</HI> thereof belonging, did de&s;cend unto one <HI>Leonard Dannet,</HI> as to the co&s;in and heir of the afore&s;aid <HI>Mary,</HI> (that is to &s;ay) to the Son and Heir of <HI>J. D.</HI> Son and Heir of the afore&s;aid <HI>Mary,</HI> by means whereof the afore&s;aid <HI>Leonard Dannet,</HI> into the afore&s;aid other part of the moyetie of the &s;aid third part of the Mannor afore&s;aid, with the Appurtenances, to her the &s;aid <HI>M.</HI> thereof belonging, did enter, and was thereof &s;eized in his Deme&s;ne, as of Fee. The State of which &s;aid <HI>T. D.</HI> and <HI>L. D.</HI> of, and in the afore&s;aid third part of the Mannor afore&s;aid to her the &s;aid <HI>Mary</HI> thereof belonging, the &s;ame <HI>Anthony</HI> now hath, and had in the &s;ame the afore&s;aid day of i&s;&s;uing forth the Originall Writ of the afore&s;aid <HI>Peter,</HI> without that, that the afore&s;aid <HI>Peter</HI> and <HI>Thomas Wooton,</HI> and the &s;ame <HI>Anthony,</HI> held together and undivided, or the day of the i&s;&s;uing forth of the Originall Writ of him the &s;aid <HI>P. Temple,</HI> did hold the Mannor afore&s;aid, with the Appurtenances, as the &s;ame <HI>Peter</HI> by his Writ and Declaration afore&s;aid hath above &s;uppo&s;ed, and this he is ready to aver, whereupon he demands Judgment, whether partition ought to be made between him, and the afore&s;aid <HI>Peter,</HI> and <HI>T. Wooton,</HI> of the Mannor afore&s;aid, with the Appurtenances, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T. W.</HI> &s;ays, That he cannot deny the Action, afore|&s;aid of the &s;aid <HI>Peter,</HI> nor but that he and the afore&s;aid <HI>Anthony</HI> and <HI>Peter</HI> do hold, and the day of the i&s;&s;uing forth of the Originall Writ afore&s;aid, did hold the Mannor afore&s;aid, with the Appurtances, toge|ther and undivided, nor but that Partition thereof between him and the afore&s;aid <HI>A.</HI> and <HI>Peter,</HI> in form afore&s;aid, ought to be made, and well alloweth that Partition thereof between them, in form above declared be made; but the Judgment thereupon is to cea&s;e and be re&s;pited, untill the Plea afore&s;aid between the &s;aid <HI>Peter</HI> and the afore&s;aid <HI>Anthony</HI> be determined, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>Peter,</HI> as to the afore&s;aid Plea of the afore&s;aid <HI>Anthony</HI> above in bar pleaded, &s;ays, That he by any thing in the &s;ame Plea before alledged, ought not to be debarred from having partition made between him and the afore&s;aid <HI>Anthony</HI> and <HI>T.</HI> of the Mannor afore&s;aid, with the Appurtenances, becau&s;e he &s;aith, That he and the afore&s;aid <HI>Anthony</HI> and <HI>Thomas Wooton,</HI> the afore&s;aid day of the i&s;&s;uing forth of the Originall Writ of him the &s;aid <HI>Peter,</HI> to wit, the tenth day of <HI>October,</HI> in the &s;eventh year of the Queens Reign, did hold toge|ther and undivided, the Mannor afore&s;aid, with the Appurtenances,
<PB N="150" REF="78">as he by his Writ and Declaration afore&s;aid hath above &s;uppo&s;ed: And this he prays may be inquired of by the Countrey, <HI>&amp;c.</HI> and the afore&s;aid <HI>Anthony</HI> in like manner; therefore command is given to the Sheriff, that he cau&s;e to come here, twelve, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P><HI>LEice&s;t.</HI>
<NOTE PLACE="marg">Partition be|tween Heirs in Gavelkinde.</NOTE> &s;&s;. <HI>J. Tamworth,</HI> E&s;quire, was &s;ummoned to an&s;wer <HI>H. T.</HI> and <HI>C. T.</HI> of a Plea; That whereas they the &s;aid <HI>H. C.</HI> and <HI>J.</HI> to|gether and undivided, do hold twenty Me&s;&s;uages, <HI>&amp;c.</HI> with the Appur|tenances, of the Inheritance which was of <HI>C. T.</HI> E&s;quire, father of the afore&s;aid <HI>H. C.</HI> and <HI>J.</HI> who&s;e Heirs they are, in <HI>H.</HI> the &s;aid <HI>J.</HI> doth deny to make partition thereof between them, according to the Law and cu&s;tom of this Common-wealth of <HI>England,</HI> and unju&s;tly doth not &s;uffer the &s;ame to be done, <HI>&amp;c.</HI> and whereupon, <HI>&amp;c.</HI> they &s;ay, That whereas they the &s;aid <HI>H.</HI> and <HI>C.</HI> the Son, and <HI>J.</HI> together, and individually, do hold the Tenements afore&s;aid, with the Appurtenances, of the Inheritance, which was of the afore&s;aid <HI>C.</HI> the father, who&s;e Heirs they are, in that, that the Tenements afore&s;aid, with the Appur|tenances, are, and from the time of the contrary, whereof the memory of men is not extant, were within the Soke of <HI>R.</HI> in the County afore|&s;aid; and that all the Lands and Tenements which are within the &s;ame Soke, are, and from the whole time afore&s;aid, were of the nature and Tenure of <HI>Gavelkinde,</HI> and that all the Lands and Tenements of the &s;ame nature and tenure in the Soke afore&s;aid, are, and according to the cu&s;tom in the &s;ame Soke, time out of minde, were u&s;ed to be parted, and partable between the Heirs Males by the whole time afore|&s;aid, whereof it doth belong to him the &s;aid <HI>H.</HI> and his Heirs, to have one part of the &s;aid Tenements, with the Appurtenances, in three equall parts, to be divided, and it belongeth to the &s;aid <HI>C.</HI> the Son and his Heirs, to have the other part of the &s;ame Tenements, with the Appurtenances, in three equall parts, as afore&s;aid, to be divided, and it belongeth to the &s;aid <HI>J.</HI> and his Heirs, to have the third part, re|&s;idue thereof to be held by them in &s;everalty; &s;o that the afore&s;aid <HI>H.</HI> of his part, belonging to him the &s;aid <HI>H.</HI> of the Tenements afore&s;aid, with the Appurtenances, and the afore&s;aid <HI>C.</HI> the Son, of his part be|longing to him of the &s;ame Tenements, with the Appurtenances, and the afore&s;aid <HI>J.</HI> of the re&s;idue of his part, belonging to him the &s;aid <HI>J.</HI> of the Tenements afore&s;aid, with the Appurtenances, may &s;everal|ly improve to them&s;elves, the afore&s;aid <HI>J.</HI> doth deny to make partition thereof between them, according to the Law and cu&s;tom of this Com|mon-wealth of <HI>England,</HI> and unju&s;tly, doth not &s;uffer the &s;ame to be done, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="151" REF="78">
<P><HI>W. B. J. H. E. C. J. W. T. L E. D.</HI> and <HI>J.</HI> his wife, <HI>R. B.</HI>
<NOTE PLACE="marg">Partition be|tween Joynt-tenants, where the part of the Plaintiff is only &s;evered from the re&s;idue.</NOTE> and <HI>J.</HI> his wife, and <HI>J. F.</HI> were &s;ummoned to an&s;wer <HI>E. L.</HI> of a Plea; That whereas they the &s;ame <HI>E. W. J. E. C. T. E. D.</HI> and <HI>J.</HI> his wife, <HI>R. B.</HI> and <HI>J.</HI> his wife, and <HI>J. F.</HI> together and undivided, do hold &s;ixty acres of Wood, and fifty acres of Heath-ground and Furs, with the Appurtenances, in <HI>E.</HI> They the &s;aid Defendants, do deny to make Partition thereof between them, according to the form of the Statute in this ca&s;e provided, and do not &s;uffer the &s;ame to be done, un|ju&s;tly, and again&s;t the form of the Statute afore&s;aid, <HI>&amp;c.</HI> And where|upon the &s;ame Plaintiff, by <HI>D.</HI> his Attorney, &s;aith, That whereas he and the afore&s;aid Defendants together, and undivided, do hold the Tenements afore&s;aid, with the Appurtenances, whereof to him the &s;aid Plaintiff belongeth, to have the fourth part of the Tenements afore&s;aid, with the Appurtenances, in four parts to be divided, and the thirteenth part of the afore&s;aid three parts, re&s;idue in thirteen parts to be divided: And to the afore&s;aid Defendants, belongeth, to have the re&s;idue of the Tenements afore&s;aid, to be held by them in &s;e|veralty: So that the &s;aid Plaintiff, of his afore&s;aid fourth part, and thirteenth part belonging to him the &s;aid Plaintiff, of the Tenements afore&s;aid, with the Appurtenances, and the afore&s;aid Defendants of the re&s;idue of the Tenements afore&s;aid, thereof belonging to them, may &s;everally improve them&s;elves, they the &s;ame Defendants deny to make Partition thereof between them, according to the form of the Statute in &s;uch ca&s;e provided, and do not &s;uffer the &s;ame to be done, unju&s;ty, and again&s;t the form of the Statute afore&s;aid, <HI>&amp;c.</HI> Where|upon he &s;aith, that he is wor&s;ted, and hath damage to the value of twenty pounds, and thereof he bringeth Suir, <HI>&amp;c.</HI></P>
<P>And the &s;aid <HI>W. B. &amp;c.</HI> by <HI>S.</HI> their Attorney, and the afore&s;aid <HI>J. F.</HI> by <HI>D. H.</HI> who is admitted as Guardian of the &s;aid <HI>J. F.</HI> by the Court of Common Bench here, to pro&s;ecute for the &s;aid <HI>J. F.</HI> being within age, come, and defend the force and injury, when, <HI>&amp;c.</HI> And the &s;ame Attorney &s;aith nothing in Bar of the Action afore&s;aid, of the &s;aid Plaintiff, by which the &s;ame Plaintiff remaineth again&s;t the &s;aid <HI>W. B.</HI> &amp;c. thereof undefended: And the afore&s;aid Guardian, &s;aith, That he is not informed by the afore&s;aid <HI>J. F.</HI> of giving any an&s;wer for the &s;ame <HI>J. F.</HI> to the &s;aid Plaintiff, in the Plaint afore&s;aid, and &s;aith nothing el&s;e thereof, by which the &s;aid <HI>E. L.</HI> remaineth again&s;t the afore&s;aid <HI>J. F.</HI> thereof undefended: therefore it is con&s;idered of that the Partition between the &s;aid Plaintiff and the afore&s;aid De|fendants of the Tenements afore&s;aid, with the Appurtenances, may be made, <HI>&amp;c.</HI> And it is commanded the Sheriff, that in his proper per&s;on he go to the Tenements afore&s;aid, with the Appurtenances, and in the
<PB N="152" REF="79">pre&s;ence of the parties afore&s;aid, by him the &s;aid Sheriff, to be warned, if they will be pre&s;ent, the Tenements afore&s;aid, with the Appurte|nances, by the Oath of hone&s;t and lawfull men of the County afore|&s;aid, re&s;pect being had to the true value of the &s;ame Tenements, with the Appurtenences, he cau&s;e in four equall parts to be parted, and three parts thereof into thirteen equall parts to be parted, and one part of the &s;ame four parts and one other part of the &s;ame thirteen parts, of the &s;ame Tenements, with the Appurtenances, to the &s;aid Plaintiff, and the re&s;idue of the Tenements afore&s;aid, with the Appurtenances, to the &s;aid Defendants, he cau&s;e to be delivered and a&s;&s;igned, to be held in &s;everalty; &s;o that neither the afore&s;aid Plaintiff, nor the afore&s;aid Defendant, have more then to them belongeth to have: And that the afore&s;aid Plaintiff, of his parts afore&s;aid belonging to him the &s;aid Plaintiff, of the Tenements afore&s;aid, with the Appurtenances; And that the afore&s;aid Defendants of the re&s;idue of the Tenements afore|&s;aid, with the Appurtenances thereof belonging to them, may &s;everally improve them&s;elves: And that he have here that Partition by him the &s;aid Sheriff, di&s;tinctly and openly &s;o made (&s;uch a day) under his Seal, <HI>&amp;c.</HI> and the Seals, <HI>&amp;c.</HI> The &s;ame day is given to the &s;aid parties there, <HI>&amp;c. Mich.</HI> 8.9. <HI>Eliz. Rot.</HI> 1844.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>SAlop.</HI>
<NOTE PLACE="marg">The Entry of a Warrant for a Guardian.</NOTE> &s;&s;. It is granted by the Court, That <HI>H. D.</HI> may pro&s;ecute for <HI>J. F.</HI> who is within age, again&s;t <HI>E. L.</HI> of a Plea of making Partition, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Re&s;cous.</HEAD>
<P><HI>W.</HI>
<NOTE PLACE="marg"><HI>Ebor.</HI> &s;&s;. <HI>A Declaration in Re&s;cue.</HI> Hill. 10 Eliz. Reginae, Rot. 841.</NOTE> <HI>C.</HI> late of <HI>B.</HI> in the County of <HI>E.</HI> Yeoman, and <HI>W. B.</HI> late of <HI>B.</HI> in the County afore&s;aid Yeoman, were attached to an|&s;wer <HI>J. C.</HI> Knight, of a Plea, That whereas he the &s;aid <HI>J.</HI> in his Fee, at <HI>B.</HI> for cu&s;toms and &s;ervices to him due, by <HI>Nicholas T.</HI> his &s;ervant, had cau&s;ed to be taken certain Cattell, and the &s;ame Cattell, according to the Law and cu&s;tom of the Kingdom of <HI>England,</HI> would have there impounded, the &s;aid <HI>W.</HI> and <HI>W.</HI> the &s;ame Cattell by force and arms did re&s;cue, and other enormities to him did, to the great damage of him the &s;aid <HI>J.</HI> and again&s;t the peace of our Lord the King that now is: And whereupon the &s;aid <HI>J.</HI> by <HI>J. W.</HI> his Attorney, complaineth, That whereas he, (&s;uch a day and year) in his Fee at <HI>B.</HI> (that is to &s;ay) in one hundred acres of Land called <HI>W.</HI> parcell of the Mannor of <HI>B.</HI> with the Appurtenances, in the Coun|ty afore&s;aid, which <HI>T. B.</HI> then held of him the &s;aid <HI>J.</HI> as of his Mannor of <HI>B.</HI> in the County afore&s;aid, by Homage, Fealty, and un|to
<PB N="153" REF="79">E&s;cuage of our Lord the King of fourty &s;hillings, when it &s;hall hap|pen, two &s;hillings, and unto more, more, <HI>&amp;c.</HI> and unto le&s;&s;e, le&s;&s;e, <HI>&amp;c.</HI> And by the Rent of five and twenty &s;hillings each year, at the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, to be paid; as al&s;o by the &s;ervice of doing Suit to his Court of <HI>Wapentake</HI> of <HI>H.</HI> in the County afore&s;aid, from three weeks to three weeks, at the <HI>Wapentake</HI> afore&s;aid to be held; and by the Sheriff-gild of five &s;hillings every year, at the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, yearly to be paid, of which &s;aid Services, the &s;aid <HI>J.</HI> was &s;eized by the hands of the afore&s;aid <HI>T.</HI> as by the hands of his true Tenant, (that is to &s;ay) of the Homage, Fealty, Suit of Court afore&s;aid, as of his Fee and Right, and of the E&s;cuage and Rent afore|&s;aid, in his Deme&s;ne, as of Fee, by the afore&s;aid <HI>N. T.</HI> his &s;ervant, did cau&s;e to be taken certain Cattell; (that is to &s;ay) two Cows, feeding upon the afore&s;aid hundred acres of Land, for the cu&s;toms and &s;ervices to him due and unperformed, (that is to &s;ay) for the Homage and Fealty, and for the Rent of five &amp; twenty &s;hillings for one whole year, ended at the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, (&s;uch a year) being in arrear, as al&s;o for the Suit of the afore&s;aid Court of <HI>Wapentake,</HI> held at <HI>H.</HI> afore&s;aid, (&s;uch a day and year) due: And the &s;ame <HI>N.</HI> the &s;ame Cat|tel, according to the Law and Cu&s;tom of the Kingdom of <HI>England,</HI> there would have impounded they the &s;aid <HI>W.</HI> and <HI>W.</HI> the afore&s;aid Cattell, the day and year afor&s;aid, at <HI>B.</HI> afore&s;aid, by force and arms, (that is to &s;ay) with Swords, Staves &amp; Knives, they did re&s;cue, and other harms, <HI>&amp;c.</HI> To the great damage, and again&s;t the Peace, <HI>&amp;c.</HI> Whereupon he &s;ays, that he is damnified, and hath damage, to the value of ten pounds, and thereof he bringeth Suit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>W.</HI> and <HI>W.</HI> by <HI>H. D.</HI> their Attorney,
<NOTE PLACE="marg"><HI>Not guilty plea|ded by one of the Defendants, and</HI> Non-to|nure <HI>by the other.</HI></NOTE> come and de|fend the force and injury, when, <HI>&amp;c.</HI> And the afore&s;aid <HI>W.</HI> &s;ays, That he is no wi&s;e guilty of the Tre&s;pa&s;&s;e and <HI>Re&s;cous</HI> afore&s;aid, as the afore|&s;aid <HI>J. C.</HI> hath above complained again&s;t him; and of this he puts him|&s;elf upon the Countrey, and the afore&s;aid <HI>J.</HI> in like manner: And the &s;aid <HI>W. B.</HI> as to the coming by force and arms, &s;ays, That he is in no wi&s;e thereof guilty; And upon this he puts him&s;elf upon the Countrey, and the afore&s;aid <HI>J.</HI> in like manner: And as to the re&s;idue of the Tre&s;pa&s;&s;e and Re&s;cous afore&s;aid, above &s;uppo&s;ed to be done, the &s;aid <HI>W. B.</HI> &s;ays, That the afore&s;aid <HI>J.</HI> ought not to have again&s;t him his afore&s;aid Acti|on, becau&s;e he &s;aith, That the afore&s;aid <HI>T. B.</HI> held not of the afore&s;aid <HI>J. C.</HI> the afore&s;aid hundred acres of Land, as of his Mannor of <HI>B.</HI> afore|&s;aid, by the &s;ervices afore&s;aid, as the afore&s;aid <HI>J.</HI> by his Declaration afore&s;aid hath above &s;uppo&s;ed: And of this he puts him&s;elf upon the Countrey, and the afore&s;aid <HI>J.</HI> in like manner: Therefore, as well to try this I&s;&s;ue, as the afore&s;aid other I&s;&s;ue above joyned, command is given to the Sheriff, that he cau&s;e to come here fifteen days after <HI>Ea&s;ter,</HI> twelve, <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<PB N="154" REF="80">
<HEAD>Ravi&s;hment of Ward.</HEAD>
<P>E. <HI>T.</HI> late of,
<NOTE PLACE="marg">York.</NOTE> <HI>&amp;c.</HI> was attached to an&s;wer <HI>Francis,</HI> Earl of <HI>Cum|berland</HI> of a Plea, wherefore <HI>M. S.</HI> the daughter and heir of <HI>C. S.</HI> being within age, who&s;e Marriage belongeth to him the &s;aid Earl at <HI>Crome</HI> found, he did force and lead away again&s;t the will of him the &s;aid Earl, and again&s;t the peace of our Lord the King that now is: And whereupon the &s;aid <HI>F.</HI> Earl of <HI>Cumberland</HI> by <HI>M. E.</HI> his Attorney complaineth, That whereas the afore&s;aid <HI>E. S.</HI> father of the afore&s;aid <HI>M.</HI> did hold of him the &s;aid <HI>Earl,</HI> as of his Mannor of <HI>Loundosbroughe,</HI> in the County afore&s;aid, one Me&s;&s;uage, one Gar|den, one Orchard, and fourty acres of Land, with the Appurtenan|ces in <HI>C.</HI> afore&s;aid, by Homage, Fealty, and unto E&s;cuage of our Lord the King, when it &s;hall happen, unto fourty &s;hillings, two &s;hil|lings, and unto more, more, <HI>&amp;c.</HI> and unto le&s;&s;e, le&s;&s;e, <HI>&amp;c.</HI> and by doing &s;ervice of Suit unto the Court of the &s;aid Earl of his Mannor afore&s;aid, from three weeks to three weeks, at that Mannor yearly to be held, of which &s;ervices the &s;ame Earl was &s;eized by the hands of the afore&s;aid <HI>C.</HI> the father, as by the hands of his true Tenant, (that is to &s;ay) of the Homage, Fealty, and Suit of Court afore&s;aid, as of his Fee and Right and of the E&s;cuage afore&s;aid in his Deme&s;ne, as of Fee: And he the &s;aid <HI>C.</HI> the father, died in the Homage of him the &s;aid Earl (the afore&s;aid <HI>M.</HI> daughter and heir of him the &s;aid <HI>C.</HI> being then withing age) by which the marriage of that heir unto him pertained: And the &s;ame Earl was long in full and peaceable &s;eizin of the &s;aid Heir, (that is to &s;ay) from (&s;uch a day and year) to (&s;uch a day and year) afore&s;aid, and the &s;ame day and year afore&s;aid, the &s;aid Heir being within age at <HI>C.</HI> afore&s;aid found, he did force and lead away, again&s;t the will of him the &s;aid Earl, and again&s;t the peace of our Lord the King that now is: Whereupon he &s;ays, that he is damnified, and hath damage, to the value of &s;ix hundred pounds, and thereupon he bringeth Suit, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>T. <HI>T.</HI> lately of <HI>H.</HI> in the County afore&s;aid,
<NOTE PLACE="marg"><HI>Ebor.</HI> &s;&s;. <HI>A Declaration in Ravi&s;hment of ward,</HI> Trin. 19 Eliz. Regmae, Rot. 1105.</NOTE> Husbandman, was at|tached to an&s;wer <HI>Henry Tempe&s;t</HI> E&s;quire, and <HI>Ellen</HI> his wife, of a Plea, wherefore he, together with <HI>A.</HI> his wi&s;e, <HI>F. S.</HI> the Son and Heir of <HI>F. S.</HI> being within age, who&s;e marriage belongs to them the &s;aid <HI>H.</HI> and <HI>E.</HI> at <HI>C.</HI> being found, he did force and lead away, again&s;t the will of them the &s;aid <HI>H.</HI> and <HI>E.</HI> and again&s;t the peace, <HI>&amp;c.</HI> And where|upon they the &s;ame <HI>H.</HI> and <HI>E.</HI> by <HI>R. G.</HI> their Attorney, complain, That the &s;aid <HI>F. S.</HI> the father, was &s;eized of five Me&s;&s;uages, an hundred
<PB N="155" REF="80">acres of Land, <HI>&amp;c.</HI> with the Appurtenances, in <HI>C.</HI> and <HI>S.</HI>
<NOTE PLACE="marg">Note that the Writ was brought again&s;t the husband and wife, and the Sheriff re|turns, that the woman was dead before the Writ purcha&s;ed.</NOTE> in his De|me&s;ne, as of Fee, and the &s;ame held of them the &s;aid <HI>Henry</HI> and <HI>E.</HI> as of their Mannor of <HI>C.</HI> in the County afore&s;aid, whereof they the &s;ame <HI>H.</HI> and <HI>E.</HI> in Right of the &s;ame <HI>E.</HI> were &s;eized in their Deme&s;ne, as of Fee, by Homage, Fealty, and unto E&s;cuage of our &s;aid Lady the Queen, of &s;ixty &s;hillings, when it &s;hould happen to twelve pence, and unto more, more, <HI>&amp;c.</HI> and unto le&s;&s;e, le&s;&s;e, <HI>&amp;c.</HI> and by the Rent of twelve pence every year, at the Fea&s;ts of <HI>Penteco&s;t,</HI> and Saint <HI>Martin</HI> the Bi&s;hop in Winter, by equall portions to be paid, as al&s;o by doing &s;ervice of Suit unto the Court of them the &s;aid <HI>H.</HI> and <HI>E</HI> of their Mannor afore&s;aid, from three weeks to three weeks, at that Mannor to be held: Of which &s;aid &s;ervices they the &s;aid <HI>H.</HI> and <HI>E.</HI> in Right of her the &s;aid <HI>E.</HI> were &s;eized by the hands of the afore&s;aid <HI>F. S.</HI> the father, as by the hands of his true Tenant, (that is to &s;ay) of the Homage, Fealty,
<NOTE PLACE="marg">Seizin of &s;er|vices.</NOTE> and Suit of Court afore&s;aid, as of their Fee and Right; and of the E&s;cuage and Rent afore&s;aid, in their Deme&s;ne, as of Fee: Which &s;aid <HI>F. S.</HI> the fa|ther died in the Homage of them the &s;aid <HI>H.</HI> and <HI>E.</HI> (The afore&s;aid <HI>F. S.</HI> the Son and Heir of him the &s;aid <HI>F. S.</HI> the father, then, and as yet being within the age of one and twenty years, whereby the cu&s;tody and marriage of him the &s;aid <HI>F. S</HI> the &s;on to them the &s;aid <HI>H.</HI> and <HI>E.</HI> in Right of her the &s;aid <HI>E.</HI> did pertain; and they the &s;aid <HI>H.</HI> and <HI>E.</HI> the Heir afore&s;aid, (&s;uch a day and year) into their po&s;&s;e&s;&s;ion did &s;eiz: Which day the afore&s;aid <HI>T.</HI> together with the afore&s;aid <HI>A.</HI> his wife, the afore&s;aid <HI>F. S.</HI> the Son and Heir of the &s;aid <HI>F. S.</HI> the father, be|ing within age, who&s;e marriage belongeth to them the &s;aid <HI>H.</HI> and <HI>E.</HI> at <HI>C.</HI> afore&s;aid found, he did force and lead away, again&s;t the will of them the &s;aid <HI>H.</HI> and <HI>E.</HI> and again&s;t the peace of our &s;aid Lady the Queen that now is: Whereupon they &s;ay they are damnified, and have damage to the value of two hundred pounds, and thereupon they bring Suit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T.</HI> by <HI>W. B.</HI> his Attorney,
<NOTE PLACE="marg"><HI>A Judgment by</HI> Non in|form. <HI>and a Writ of Inquiry awarded.</HI></NOTE> comes and defends the force and injury, when, <HI>&amp;c.</HI> And the &s;ame Attorney &s;ays, That he is not informed by the &s;ame <HI>T.</HI> his Client of any an&s;wer for the afore|&s;aid <HI>T.</HI> to be given to the &s;aid <HI>H.</HI> and <HI>E.</HI> in the Plaint afore&s;aid, and &s;aith nothing el&s;e thereto, by rea&s;on whereof the &s;ame <HI>H.</HI> and <HI>E.</HI> &s;hould remain again&s;t the afore&s;aid <HI>T.</HI> thereupon undefended; for which the afore&s;aid <HI>H.</HI> and <HI>E.</HI> their damages, by rea&s;on of the force and leading away afore&s;aid again&s;t the &s;aid <HI>T.</HI> ought to recover; But becau&s;e it is not known what damages the afore&s;aid <HI>H.</HI> and <HI>E.</HI> have &s;u&s;tained, by rea&s;on of the force and leading away afore&s;aid; Command is given to the Sheriff, that by the Oath of hone&s;t and lawfull men of his Bailiwick, he diligently inquire what damages the afore&s;aid <HI>H.</HI> and <HI>E.</HI> have &s;u&s;tained, as well by rea&s;on of the force and leading away afore|&s;aid, as for their co&s;ts and charges by them about their Suit in that be|half laid out; and al&s;o how much the marriage of <HI>F. S.</HI> the Son,
<PB N="156" REF="81">according to the true value thereof is worth; and whether the &s;ame <HI>F.S.</HI> be of full age, and married or not: And the Inqui&s;ition which, <HI>&amp;c.</HI> the Sheriff &s;hall make known here in eight days after Saint <HI>Michael,</HI> under the Seal, <HI>&amp;c.</HI> and the Seals, <HI>&amp;c.</HI> The &s;ame day is given to the afore&s;aid <HI>H.</HI> and <HI>E.</HI> here, <HI>&amp;c. Forde.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Replevin.</HEAD>
<P>E. <HI>K.</HI> was &s;ummoned to an&s;were <HI>T. H.</HI> wherefore he took three Tunns of &s;ix hundred pounds weight,
<NOTE PLACE="marg"><HI>Replevin in the</HI> Detinet <HI>and</HI> Detinuit.</NOTE> one quarter and four pounds weight of Iron of him the &s;aid <HI>T.</HI> and &s;ome of the &s;ame goods unju&s;tly doth detain, and &s;ome of the &s;ame goods unju&s;tly hath detained, again&s;t Pledges and Sureties, <HI>&amp;c.</HI> And whereupon, <HI>&amp;c.</HI> (&s;uch a day and year) at <HI>A.</HI> in a certain place, called, <HI>The Ham|mer-Mill,</HI> did take the &s;aid three Tuns, <HI>&amp;c.</HI> of him the &s;aid <HI>T.</HI> to the value of fifty pounds, and two Tuns, <HI>&amp;c.</HI> thereof doth yet unju&s;tly detaine, again&s;t Pledges and Sureties, <HI>&amp;c.</HI> And the re&s;idue of the &s;ame goods, (that is to &s;ay) <HI>&amp;c.</HI> hath unju&s;tly detained again&s;t Pledges and Sureties, untill, <HI>&amp;c.</HI> Whereupon he &s;aith, <HI>&amp;c.</HI> And he prayeth the delivery of the &s;ame two, <HI>&amp;c.</HI> to be made to him the &s;aid <HI>T.</HI> &amp;c. <HI>Hill.</HI> 5 <HI>Jac. Rot.</HI> 1412.</P>
<DIV3 TYPE="subsection">
<P>AND the &s;aid <HI>H.</HI>
<NOTE PLACE="marg">Tender of a|m<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nds pleaded in Replevin.</NOTE> &s;aith, <HI>&amp;c.</HI> The ju&s;t taking of, <HI>&amp;c.</HI> ought not to avow, becau&s;e he &s;aith, That after the afore&s;aid time of the taking of the Cattell afore&s;aid, in the afore&s;aid place, in which, <HI>&amp;c.</HI> And before the day of the i&s;&s;uing forth of the Originall Writ of him the &s;aid <HI>H.</HI> (that is to &s;ay) &s;uch a day and year afore&s;aid, at <HI>W.</HI> afore&s;aid, he the &s;ame <HI>H</HI> offered &s;ix pence to pay to the &s;aid <HI>W.</HI> and <HI>J.</HI> to the u&s;e of the &s;aid <HI>W.</HI> for the damages of the &s;aid <HI>W.</HI> which he &s;u&s;tained by occa&s;ion of the Tre&s;pa&s;&s;e afore&s;aid, with the Cattell afore&s;aid, in the afore&s;aid two acres of Land made, which &s;aid &s;ix pence, were &s;ufficient amends for the Tre&s;pa&s;&s;e afore&s;aid, with the Cattell afore&s;aid, in the &s;aid two acres of Land made, which &s;aid &s;ix pence, the afore&s;aid <HI>W.</HI> and <HI>J.</HI> then and there wholly refu&s;ed to receive o<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> the &s;ame <HI>H.</HI> And this, <HI>&amp;c.</HI></P>
<P>See <HI>Hill</HI> 9 <HI>Jac. Rot.</HI> 1895.
<NOTE PLACE="marg">Note.</NOTE> A demurrer upon this Plea, for the tender of amends, ought to be preferred before the impounding to the party him&s;elf, and not to his Bailiff afterwards, and &s;o it is re&s;olved in the Ca&s;e between <HI>Pilkington</HI> and <HI>Ha&s;tings, Coke, L.</HI> 5. <HI>Fol.</HI> 76.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="157" REF="81">
<P>AND the &s;aid <HI>B.</HI> &amp;c. when, <HI>&amp;c.</HI> And well avoweth, <HI>&amp;c.</HI>
<NOTE PLACE="marg">Avow it in Replevin b<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> an<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> O<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e &s;eer cho|&s;en in the Court Baron.</NOTE> Be|cau&s;e he &s;aith, That the &s;ame place, <HI>&amp;c.</HI> doth contain, <HI>&amp;c.</HI> did contain, <HI>&amp;c.</HI> in it, ten acres of Land, <HI>&amp;c.</HI> and that long before the afore&s;aid time, in which, <HI>&amp;c.</HI> one <HI>R. S.</HI> E&s;quire, was &s;eized of the Man|nor of <HI>B.</HI> with the Appurtenances, in the County afore&s;aid, whereof the afore&s;aid place, in which, <HI>&amp;c.</HI> is, and the afore&s;aid time in which, <HI>&amp;c.</HI> And al&s;o time out of minde, was parcell in his Deme&s;ne, as of Fee; and that the cu&s;tomary Tenants re&s;iding within that Mannor, from the whole time afore&s;aid, or the greater number of them, were u&s;ed to appear in the Court Baron of the Mannor afore&s;aid, and were ac|cu&s;tomed at the Court Baron within that Mannor, before the Steward of the &s;ame Court for the time being, once in every year to be held, to chu&s;e certain Over&s;eers, of the Lands and Fields not &s;eparated nor inclo&s;ed, of the Mannor afore&s;aid, to keep and pre&s;erve the Lands, from all and all manner of Cattell, to the benefit and profit of the Tenants and Inhabitants afore&s;aid, for one whole year then next fol|lowing: And the Over&s;eer, or Over&s;eers thereof, from the whole time afore&s;aid, had authority to impound all manner of Cattell, do|ing any damage or tre&s;pa&s;&s;e within the Mannor afore&s;aid, again&s;t any Order which in the Court Baron of the Mannor afore&s;aid, before the Steward of the &s;ame Court for the time being, as by the cu&s;tomary Tenants afore&s;aid, and the re&s;idents of that Mannor, or the greater number of them &s;hould be taken and agreed upon; And the Tenants, and tho&s;e re&s;idents then in the Court afore&s;aid, before the Steward of the Mannor afore&s;aid appearing, and all other cu&s;tomary Tenants and re&s;idents afore&s;aid at the Mannor afore&s;aid, at the Election and Order afore&s;aid, in form afore&s;aid to be made and taken, were held and obliged to keep the &s;ame, according to the cu&s;tom afore&s;aid: And the &s;ame <HI>B.</HI> &s;aith, That the afore&s;aid <HI>R.</HI> being &s;eized of the Mannor afore&s;aid, with the Appurtenances, in form afore&s;aid, at the Court Baron of him the &s;aid <HI>R.</HI> of his Mannor afore&s;aid, held at that Mannor, before the &s;aid time, in which, <HI>&amp;c.</HI> before <HI>H.</HI> then Steward of him the &s;aid <HI>R.</HI> of his Mannor afore&s;aid, the afore&s;aid <HI>B.</HI> by one <HI>T.</HI> and <HI>R.</HI> and others, being the greater number of the cu&s;tomary Tenants of the Mannor afore&s;aid, was cho&s;en Over&s;eer of the Lands and Fields not &s;eparated, nor inclo&s;ed within the Mannor afore&s;aid, for one whole year then next following, and then and there in the &s;ame Court by the cu&s;tomary Tenants and Re&s;idents afore&s;aid, before the Steward afore&s;aid it was ordered, that the afore&s;aid ten acres of Pa&s;ture, in which, <HI>&amp;c.</HI> then in the Fields not &s;eparated, nor inclo&s;ed within the Mannor afore&s;aid being, &s;hould be kept by the &s;aid <HI>B.</HI> from all and all manner of Cattell, from &s;uch a Fea&s;t then next following, untill the Hay there growing &s;hould be mowed and carried
<PB N="158" REF="82">from thence, with this, that the &s;aid <HI>J.</HI> will aver, that the afore&s;aid <HI>N.</HI> was one of the cu&s;tomary Tenants of the Mannor afore&s;aid: And be|cau&s;e the afore&s;aid cattell the afore&s;aid time, in which, <HI>&amp;c.</HI> were in the afore&s;aid Clo&s;e, in which, <HI>&amp;c.</HI> before the Gra&s;&s;e there growing was mowed, and the Hay carried from thence, again&s;t the Ordinance afore|&s;aid, in form afore&s;aid made, eating the Gra&s;&s;e there then growing, and damage there doing, the &s;ame <HI>B.</HI> well avoweth the taking of the cattell afore&s;aid, in the afore&s;aid place, in which, <HI>&amp;c.</HI> And ju&s;tly, <HI>&amp;c.</HI> da|mage there &s;o doing, <HI>&amp;c.</HI></P>
<P>Ought not to avow,
<NOTE PLACE="marg">Replication.</NOTE> <HI>&amp;c.</HI> becau&s;e he &s;aith, That the afore&s;aid <HI>R.</HI> was &s;eized of the afore&s;aid ten acres, in which, <HI>&amp;c.</HI> and demi&s;ed the &s;ame to the &s;aid <HI>N.</HI> without this, that it was ordered in the afore&s;aid Court of the Mannor afore&s;aid, by the cu&s;tomary Tenants and re&s;idents of that Mannor, or by the greater part of them, that the afore&s;aid ten acres of Land, in which, <HI>&amp;c.</HI> &s;hould be kept, <HI>&amp;c.</HI> by the &s;aid <HI>B.</HI> from all cattell from the Fea&s;t, <HI>&amp;c.</HI> untill, <HI>&amp;c.</HI> as, <HI>&amp;c.</HI> And this, <HI>&amp;c.</HI> Whereupon, for as much, <HI>&amp;c.</HI> and I&s;&s;ue thereupon, <HI>Trin.</HI> 19 <HI>Eliz. Rot.</HI> 102.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>WHen,
<NOTE PLACE="marg">Avowry for Rent-charge. made by Will.</NOTE> <HI>&amp;c.</HI> and the &s;aid <HI>L.</HI> as Bailiff of <HI>J. S.</HI> well avoweth, <HI>&amp;c.</HI> doth contain, <HI>&amp;c.</HI> where of one <HI>A. S.</HI> Gent before the afore&s;aid time, in which, <HI>&amp;c.</HI> was &s;eized in his Deme&s;ne, as of Fee, and held the &s;ame ten acres of Land, with the Appurtenances of <HI>A. B.</HI> of his Mannor of <HI>C.</HI> in the County afore&s;aid in Free Socage, (that is to &s;ay) by Feal|ty onely for all &s;ervices; and &s;o being thereof &s;eized, the &s;ame <HI>A. S.</HI> before the afore&s;aid time in which, <HI>&amp;c.</HI> (that is to &s;ay) (&s;uch a day and year) at <HI>W.</HI> made his la&s;t Will in writing, and by his &s;ame Will, willed and bequeathed, that the Land of him the &s;aid <HI>A. S.</HI> not be|queathed, &s;hould &s;tand bound, charged, and obliged, with the payment of one hundred and &s;ixty pounds to his four daughters, (that is to &s;ay) <HI>E. S. F. S.</HI> the &s;aid <HI>J. S.</HI> and <HI>A. S.</HI> for the payment of twenty pounds during the &s;pace of eight years, to begin with his elde&s;t daughter, and end with his younger daughter; which &s;aid payments &s;hould begin by one whole year, next after the death of the afore&s;aid <HI>A S.</HI> Which &s;aid &s;um of one hundred and &s;ixty pounds, the &s;aid <HI>A.</HI> by his &s;ame Will, willed and bequeated to his &s;aid four daughters, i&s;&s;uing out of his Lands afore&s;aid, and to be paid yearly by twenty pounds, as is above &s;aid; and for not payment thereof, that it &s;hould be lawfull to and for his &s;ame daughters, and every one of them, to enter into his Lands afore&s;aid, or any part or parcell thereof, and to di&s;train, and to keep and detain his Di&s;tre&s;&s;e and Di&s;tre&s;&s;es there &s;o had and taken, un|till they and every of them &s;hould be fully &s;atisfied of the afore&s;aid &s;um, according to the true intent of his la&s;t Will afore&s;aid. It was al|&s;o provided by his &s;ame Will, and further the afore&s;aid <HI>A.</HI> by his
<PB N="159" REF="82">&s;ame la&s;t Will willed, That if the afore&s;aid <HI>E. S. F. S. J. S.</HI> and <HI>A. S.</HI> or any of them &s;hould happen to die, before any of them &s;hould ac|compli&s;h the full age of one and twenty years, her portion &s;o be|queathed, as afore&s;aid, &s;hould remain and be to <HI>G. S.</HI> the right Heir of him the &s;aid <HI>A. S.</HI> as in the &s;ame la&s;t Will among&s;t other things, is more fully contained, and afterwards, and before the afore&s;aid time in which, <HI>&amp;c.</HI> (that is to &s;ay) (&s;uch a day and year) he the &s;aid <HI>A. S.</HI> at <HI>W.</HI> afore&s;aid died of &s;uch his E&s;tate, of &amp; in the afore&s;aid ten acres of Land, with the Appurtenances, in which, <HI>&amp;c.</HI> &s;eized: And the &s;ame <HI>J. S.</HI> fur|ther &s;aith, That the afore&s;aid <HI>E. S.</HI> was the elde&s;t begotten daughter of the afore&s;aid <HI>A.</HI> the &s;aid <HI>F. S.</HI> the &s;econd daughter begotten of him the &s;aid <HI>A.</HI> the &s;aid <HI>J. S.</HI> the third daughter begotten of him the &s;aid <HI>A.</HI> and the &s;aid <HI>Anne</HI> was the la&s;t daughter begotten of him the &s;aid <HI>A.</HI> And that the afore&s;aid ten acres of Land, with the Appurtenances, were not bequeathed by the &s;aid la&s;t Will of the &s;aid <HI>A.</HI> and becau&s;e twenty pounds of the &s;aid one hundred and &s;ixty pounds for one whole year, ended (&s;uch a day and year) and another twenty pounds of the &s;aid hundred and &s;ixty pounds for one whole year, ended (&s;uch a day and year) to the &s;aid <HI>J.</HI> in the &s;ame years, according to the true intent of the &s;aid la&s;t Will of the &s;aid <HI>A.</HI> payable to the &s;aid <HI>J.</HI> at the &s;ame time, in which, <HI>&amp;c.</HI> were behinde unpaid, the &s;ame Defendant, as Bailiff of the &s;aid <HI>J. S.</HI> well avoweth the taking of the cattell afore&s;aid, in the afore&s;aid place, in which, <HI>&amp;c.</HI> for the &s;ame &s;everall &s;ummes of twenty pounds to the &s;ame <HI>J. S.</HI> as afore&s;aid payable, and to her as afore&s;aid, being behinde, and ju&s;tly, <HI>&amp;c.</HI> as in the Lands chargeable, and obliged with the Di&s;tre&s;&s;e of her the &s;aid <HI>J.</HI> in form afore&s;aid, <HI>&amp;c.</HI> with this, that the &s;ame <HI>J. S.</HI> will aver, that the &s;aid <HI>J.</HI> is yet living and in full life, (that is to &s;ay) at <HI>W.</HI> afore&s;aid, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Tre&s;pa&s;&s;e.</HEAD>
<P><HI>Kent.</HI> T. <HI>M.</HI> late of <HI>Fever&s;ham,</HI> in the County afore&s;aid, Yeoman,
<NOTE PLACE="marg"><HI>An Action of Tre&s;pa&s;&s;e,</HI> Mich. 5 Car. Regis.</NOTE> was attached to an&s;wer unto <HI>Maximilian Dan&s;ey,</HI> of a Plea, wherefore by force and arms, the Clo&s;e and Hou&s;e of him the &s;aid <HI>M.</HI> at <HI>Dover,</HI> he broke, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>Thomas,</HI> by <HI>John Pomroy</HI> his Attorney,
<NOTE PLACE="marg">Te Defendant demands Judg|ment of the Writ, being &s;ued ou<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> of the Cinque ports.</NOTE> comes and defends the force and injury, when, <HI>&amp;c.</HI> and demands Judgment of the Writ afore&s;aid, becau&s;e he &s;aith, That the afore&s;aid place, in which the Tre&s;pa&s;&s;e afore&s;aid is above &s;uppo&s;ed to be done, is, and the afore&s;aid time wherein, <HI>&amp;c.</HI> was within the Town and Port of <HI>Dover,</HI> in the County afore&s;aid, which &s;aid Town is, and time out of minde, was one of the <HI>Cinque-Ports,</HI> where the Writ of our Lord the King is not
<PB N="160" REF="83">of force; and this he is ready to aver, whereupon he prays Judgment, whether the Court of our &s;aid Lord the King here will further ju&s;tifie the afore&s;aid Plea, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P><HI>PEter C.</HI>
<NOTE PLACE="marg"><HI>Cernub.</HI> &s;&s;.</NOTE> lately of <HI>C.</HI> in the County afore&s;aid, Gent. was attached to an&s;wer <HI>J. R.</HI> the younger, of a Plea, wherefore, by force and arms the Clo&s;e of him the &s;aid <HI>J.</HI> at <HI>Dale,</HI> he broke, and his Gra&s;&s;e there growing, to the value of an hundred &s;hillings, with trampling of feet he did tread down and con&s;ume, and other harms, <HI>&amp;c.</HI> to the damage of the Plaintiff,
<NOTE PLACE="marg">The Defendant pleats the Plaintiff with|in age to bring his Action, and &s;hould have brought it by Guardian and not by Attor|ney.</NOTE> an hundred &s;hillings, and thereupon he brings his Action.</P>
<P>And the afore&s;aid <HI>P.</HI> by <HI>J. Pomeroy</HI> his Attorney, comes and de|fends the force and injury, when, <HI>&amp;c.</HI> and &s;ays, That the afore&s;aid <HI>J. R.</HI> ought not to have his Action afore&s;aid again&s;t him, becau&s;e he &s;ays, That the afore&s;aid <HI>J. R.</HI> the day and year in the Declaration afore&s;aid, above &s;pecified, <HI>to wit,</HI> the twentieth of <HI>Octob.</HI> in the year of our Lord the King, that now is, the fifth, and the day of the i&s;&s;uing forth of the Origi|nall Writ of him the &s;aid <HI>J. R.</HI> (that is to &s;ay) the fir&s;t day of <HI>June,</HI> in the &s;eventh year of the Reign of our Lord the King that now is, was with|in the age of twenty one years; and that the afore&s;aid <HI>J. R.</HI> hath decla|red again&s;t him the &s;aid <HI>P. C.</HI> in the Plaint afore&s;aid, by his Attorney, whereas by the due form of Law, he ought to have declared by his next friend; and this he is ready to aver, whereupon he prays Judge|ment, whether the afore&s;aid <HI>J. R.</HI> ought to have his Action afore&s;aid again&s;t him.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>T. <HI>B.</HI> late of <HI>W.</HI> in the County afore&s;aid,
<NOTE PLACE="marg"><HI>Somer&s;et.</HI> &s;&s;. <HI>A Declaration for &s;everall Tre&s;pa&s;&s;es with a con<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">inuance.</HI></NOTE> Yeoman, was attached to an&s;wer <HI>F. A.</HI> the elder, and <HI>F. A.</HI> the younger, of a Plea, wherefore by force and arms, the Clo&s;e of them the &s;aid <HI>F.</HI> and <HI>F.</HI> at <HI>W.</HI> he did break, and their Corn and Gra&s;&s;e, to the value of one hundred &s;hillings, there lately growing, with certain Cattell, did eat up, tread down, and con&s;ume; as al&s;o other of their Gra&s;&s;e; to the value of fourty &s;hillings, there in like manner growing, walking with their feet, he did tread down and con&s;ume, and other harms to them did, to the great damage of them the &s;aid <HI>F.</HI> and <HI>F.</HI> and again&s;t the Peace of our &s;aid Lord the King that now is, and thereupon the &s;aid <HI>F.</HI> and <HI>F.</HI> by <HI>J. B.</HI> their Attorney, complain, that the afore&s;aid <HI>T.</HI> (&s;uch a day and year) by force and arms, <HI>&amp;c.</HI> the Clo&s;e of them the &s;aid <HI>F.</HI> and <HI>F.</HI> at <HI>W.</HI> did break, and their Corn, (that is to &s;ay) <HI>Wheat Rye, Barley, Pea&s;e, Beans,</HI> and <HI>Oats,</HI> and their <HI>Gra&s;&s;e,</HI> then there growing, to the value, <HI>&amp;c.</HI> with certain Cattel, (that is to &s;ay) with Hor&s;es, Oxen, Cows, Swine, and Sheep he did eat up, tread down and con&s;ume; as al&s;o other of their Gra&s;&s;e, to the value of, <HI>&amp;c.</HI> there in like manner growing, walking with feer, he did treat down and con&s;ume, the Tre&s;pa&s;&s;e afore&s;aid, above
<PB N="161" REF="83">la&s;t mentioned; as to the treading down and con&s;uming the Gra&s;&s;e afore&s;aid, by walking with their feet, from the afore&s;aid, (&s;uch a day and year) above &s;pecified unto the (&s;uch a day and year) then next following, by divers days and turns continuing, and other harms, <HI>&amp;c.</HI> to the great damage, <HI>&amp;c.</HI> and again&s;t the Peace, <HI>&amp;c.</HI> whereupon they &s;ay they are damnified, and have damage to the value of twenty pounds, and thereupon they bring Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;&s;e,
<NOTE PLACE="marg">For taking a|way an He<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">r in the life of his father.</NOTE> wherefore by force and arms he took and lead away <HI>Elizabeth,</HI> Daughter and Heir apparent of her the &s;aid <HI>J.</HI> at <HI>B.</HI> found, and other Enormities, <HI>&amp;c. M.</HI> 6 <HI>H.</HI> 6. <HI>Rot.</HI> 308.</P>
<P>TRe&s;pa&s;&s;e, wherefore by force and arms, <HI>J.</HI>
<NOTE PLACE="marg">Otherwi&s;e of an Heir by Guardian.</NOTE> Daughter and Heir of him the &s;aid Plaintiff, who&s;e marriage did belong to him the &s;aid Plaintiff at <HI>O.</HI> found, did take and lead away, and other Enormi|ties, <HI>&amp;c. Trin.</HI> 8 <HI>H.</HI> 6. <HI>Rot.</HI> 311.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;&s;e, wherefore by force and arms,
<NOTE PLACE="marg">Taking a pri|&s;oner.</NOTE> the Clo&s;e of him the &s;aid Plaintiff at <HI>M.</HI> did break, and on him the &s;aid Plaintiff, made an a&s;&s;ault, and <HI>J. N.</HI> his pri&s;oner in the War lately taken, there found, did take and lead away, and other Enormities, <HI>&amp;c.</HI></P>
<P>And the &s;aid Defendant &s;aith, That he the &s;aid <HI>R. N.</HI> was wandring,
<NOTE PLACE="marg">The Defendant took him as a wanderer.</NOTE> by which, <HI>&amp;c.</HI> without this, that the afore&s;aid <HI>R. N.</HI> was pri&s;oner of the &s;aid Plaintiff, late of War, of the Lord the King, as the &s;aid Plaintiff above doth complaine again&s;t him: And this, <HI>&amp;c.</HI> The Plaintiff re|plieth the contrary. <HI>P.</HI> 5 <HI>H.</HI> 6. <HI>Rot.</HI> 317.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;&s;e, wherefore by force and arms, <HI>O.</HI> of <HI>N.</HI>
<NOTE PLACE="marg">Otherwi&s;e.</NOTE> pri&s;oner of him the &s;aid Plaintiff, in War taken, at <HI>N.</HI> &s;ound he took and led away, and other Enormities, <HI>&amp;c. Trin.</HI> 8 <HI>H.</HI> 4. <HI>Rot.</HI> 109.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>S&V;rrey.</HI> &s;&s;. <HI>O. B.</HI> late, <HI>&amp;c.</HI> was attached to an&s;wer <HI>E. N.</HI> of a Plea.
<NOTE PLACE="marg">For &s;everall Tre&s;pa&s;&s;es at &s;everall days.</NOTE> wherefore by force and arms, the Clo&s;es of him the &s;aid Plaintiff at <HI>T.</HI> and <HI>N.</HI> he did break, and twenty Heyfers of him the &s;aid Plaintiff, of the price of fourty Marks, there lately found, did take and lead away, and the Hedges and Ditches of him the &s;aid Plaintiff at <HI>T.</HI> did de&s;troy and lay flat to the ground, and other Enormities to him offered, to the great damage of him the &s;aid Plaintiff, and again&s;t the publike peace: And whereupon the &s;aid Plaintiff by <HI>S.</HI> his Attorney doth complain, that the afore&s;aid Defendant (&s;uch a day and year) by force and arms, the Clo&s;es of him the &s;aid Plaintiff at <HI>T.</HI> and <HI>N.</HI>
<PB N="162" REF="84">did break, and four Hey&s;ers of him the &s;aid Plaintiff of the Cattel afore|&s;aid, and (&s;uch a day) then next following, by force and arms, four other Heifers of him the &s;aid Plaintiff likewi&s;e of the Cattell afore|&s;aid; and al&s;o (&s;uch a day) then next following, by force and arms, twelve Heifers re&s;idue of the Cattell afore&s;aid, of the price, <HI>&amp;c.</HI> there lately found, did take and lead away: And (&s;uch a day and year) by force and arms, the Hedges and Ditches of him the &s;aid Plaintiff, (that is to &s;ay) in longitude thirty pearches, and in la|titude eight feet, at, <HI>&amp;c.</HI> did de&s;troy and lay flat to the ground; and other Enormities, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s,
<NOTE PLACE="marg">For pa&s;turing Sheep in a rot|ten Pa&s;ture, by rea&s;on whereof they died.</NOTE> wherefore by force and arms, the Clo&s;e of him the &s;aid Plaintiff at <HI>L.</HI> did break, and two hundred and &s;ixty Sheep of the price of fourty pounds of his the &s;aid Plaintiffs, there lately found, did take, and did cha&s;e them to a certain corrupt Pa&s;ture, within the Vil|lage afore&s;aid, out of malice detaining tho&s;e Sheep &s;o long upon the Pa&s;ture afore&s;aid, that tho&s;e Sheep by corruptne&s;&s;e of that Pa&s;ture, becoming rotten and infected, died: And other Enormities, <HI>&amp;c. H.</HI> 14 <HI>H.</HI> 4. <HI>Rot.</HI> 403.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s,
<NOTE PLACE="marg">For fi&s;hing in a free fi&s;hing, and breaking the Pond.</NOTE> wherefore, with force and arms, in the free fi&s;hing of him the &s;aid <HI>H.</HI> at <HI>C.</HI> he did fi&s;h, <HI>&amp;c.</HI> And the Pond of his Mill there did breake, by which the water in the &s;ame Pond wholly ran out, by which, <HI>&amp;c.</HI> the profit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s,
<NOTE PLACE="marg">For driving a Cart with hor|&s;es over the Plaintiff.</NOTE> wherefore with force and arms, he did drive a certain Cart and &s;ix Hor&s;es, in the &s;ame Cart coupled together, upon him the &s;aid Plaintiff, by which the &s;ame Plaintiff was thrown to the ground, and two ribs on his left &s;ide were broken: And other Enormities, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s,
<NOTE PLACE="marg">For taking of Pigeons.</NOTE> wherefore by force and arms, the Clo&s;e and Hou&s;e of him the &s;aid Plaintiff at <HI>D.</HI> he did break, and the Pigeons of his Dove|hou&s;e there lately found with Nets and other Ingines, did take and carry away, by which the &s;ame Plaintiff his flight of his Pigeons afore&s;aid wholly lo&s;t, and other Enormities, <HI>&amp;c.</HI> H. 2 H. 6. <HI>Rot.</HI> 158.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s,
<NOTE PLACE="marg">Otherwi&s;e.</NOTE> wherefore by force and arms, the Pigeons of the Dove|hou&s;e of him the &s;aid Plaintiff at <HI>D.</HI> found with Nets and other Ingines, did take and carry away, by which the &s;ame Plaintiff, the flight of his Pigeons afore&s;aid, by a great time lo&s;t, <HI>&amp;c.</HI> H. 2 H. 6. <HI>Rot.</HI> 158.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="163" REF="84">
<P>TRe&s;pa&s;s, wherefore by force and arms,
<NOTE PLACE="marg">For erecting a hou&s;e &s;o neer the walls of the Plaintiff, that the timber became rotten.</NOTE> he did erect a certain Hou&s;e &s;o neer the walls of the &s;aid Plaintiff at <HI>C.</HI> that the timber of the walls afore&s;aid, became rotten by the &s;howers of rain from the &s;aid Hou&s;e &s;o erected, upon the &s;ame walls de&s;cending, and doth threa|ten the ruine of the Hou&s;e of him the &s;aid Plaintiff, and other Enor|mities, <HI>&amp;c. M.</HI> 8 H. 5. <HI>Rot.</HI> 158.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s, wherefore by force and arms,
<NOTE PLACE="marg">For putting of dirt &s;o neer the Plaintiffs door, that he could not go out.</NOTE> he put Mud and other foul|ne&s;&s;e, &s;o neer the Hou&s;e of the Plaintiff at <HI>E.</HI> that the &s;ame Plaintiff could not enter into his Hou&s;e, and go out from the &s;ame by a great time, and other Enormities, <HI>&amp;c. M.</HI> 8 H. 46. <HI>Rot.</HI> 1145.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s, wherefore by force and arms,
<NOTE PLACE="marg">For drowning the Plaintiffs Corn being in a Hou&s;e.</NOTE> he did &s;o fill up a certain Water in <HI>W.</HI> with earth and mud, and fa&s;tened &s;o many Stakes and Po&s;ts in the &s;ame Water, that the Water going out from the &s;aid Water did overflow the Corn of him the &s;aid Plaintiff, being in his hou&s;es there in Sheafs, to the value of ten pounds, by which the Corn afore&s;aid was wholly corrupted and con&s;umed: And other En|ormities, <HI>&amp;c. M.</HI> 3 H. 6. <HI>Rot.</HI> 424.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s, wherefore by force and arms,
<NOTE PLACE="marg">For drowning of a Meadow with water.</NOTE> he did dig in the Soil of him the &s;aid <HI>D.</HI> at <HI>M.</HI> and took and carried away the earth from thence ca&s;t forth, to the value of fourty pounds, and did ob&s;truct the cour&s;e of a certain current of Water, in a certain Mote and River called <HI>M.</HI> River, neer the Mill of <HI>W.</HI> and fill the cour&s;e of a certain current of water in the &s;ame River, again&s;t <HI>Ship Meadow,</HI> at the afore|&s;aid Town of <HI>M.</HI> with earth, mud, and other filthine&s;&s;e; &s;o that the water going over the banks of that Mote, did overflow the Meadow of the &s;aid <HI>D.</HI> adjoyning to the &s;aid Mote: By which the &s;ame <HI>D.</HI> by a great time lo&s;t the profit of his Meadow afore&s;aid: and other En|ormities, <HI>&amp;c. M.</HI> 24 H. 6. <HI>Rot.</HI> 650.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s,
<NOTE PLACE="marg">For overflow|ing a Common with water.</NOTE> wherefore by force and arms he did keep the flood-gates of a Mill-pond at <HI>M.</HI> &s;o long &s;hut, that the water of the Mill-pond afore&s;aid, being hindred from his due cour&s;e, by &s;hutting of the Flood-gates afore&s;aid, did overflow the banks of the Pond afore|&s;aid, running upon the common of him the &s;aid Plaintiff, in three hun|dred acres of Pa&s;ture there adjoyning to the &s;aid Pond, by which the &s;aid Plaintiff by a great time lo&s;t the profit of his common afore&s;aid, and other Enormities, <HI>&amp;c.</HI> H. 11 H. 6. <HI>Roll.</HI> 131.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="164" REF="85">
<P>TRe&s;pa&s;s,
<NOTE PLACE="marg">For taking a|way Phe&s;ants.</NOTE> Wherefore by force and arms he broke the Clo&s;e of the &s;aid Plaintiff at <HI>T.</HI> and took and carried away &s;ixty of his Phea|&s;ants of the price of fourty pounds there found, and other Enormi|ties, <HI>&amp;c. M.</HI> 4 <HI>H.</HI> 6. <HI>Roll.</HI> 312.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>Tre&s;pa&s;s,
<NOTE PLACE="marg">For breaking the Clo&s;e, and con&s;uming the Gra&s;&s;e.</NOTE> Wherefore by force and arms, the Clo&s;e and Hou&s;e of the &s;aid Plaintiff, at <HI>A.</HI> he did break and did mow his Gra&s;&s;e there lately growing, and did take and carry away the Hay theref com|ing, to the value of fourty pounds, and did eat up, tread down, and con&s;ume with certain Cattell, his Gra&s;&s;e there lately growing, to the value of fourty pounds, and there, with certain Carts did root up his Soil, by which the &s;ame <HI>J.</HI> by a great time lo&s;t the profit of his Soil afore&s;aid, and other Enormities, <HI>&amp;c.</HI> H. 19 <HI>H.</HI> 6. <HI>Roll.</HI> 118.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. <HI>M.</HI>
<NOTE PLACE="marg"><HI>For breaking the Hou&s;e of an Admini&s;trator, and taking a|way Cattell, which were,</HI> &amp;c. <HI>under the cu&s;tody,</HI> &amp;c.</NOTE> was attached to an&s;wer <HI>B. F.</HI> Admini&s;trator of the goods and chattells which were of <HI>D.</HI> who died inte&s;tate, <HI>&amp;c.</HI> of a Plea, wherefore by force and arms, he broke the Clo&s;e and Hou&s;e of him the &s;aid Admini&s;trator, at <HI>W.</HI> and took and drove away ten Cows there found, which were of him the &s;aid <HI>D.</HI> of the price of fourty pounds, under the cu&s;tody of him the &s;aid Admini&s;trator there found, did take and carry away; And other Enormities to him offered in de|lay of the Admini&s;tration afore&s;aid, and again&s;t the peace, <HI>&amp;c. M.</HI> 33 <HI>H.</HI> 8. <HI>Rot.</HI> 544.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND as to the taking of the Cony afore&s;aid,
<NOTE PLACE="marg">Amends plea|ded for killing of a Cony.</NOTE> That he in going by the publike High-way, there killed the Cony afore&s;aid, leap|ing before him, for which he often offered to pay the &s;aid Plaintiff rea&s;onable amends, (that is to &s;ay) Eight pence for that Cony, and now is ready here in Court to &s;atisfie him thereof by the di&s;cre|tion of the Ju&s;tices, <HI>&amp;c.</HI> And this, <HI>&amp;c.</HI> And becau&s;e the Ju&s;tices are not yet advi&s;ed to render Judgment of the taking of the Cony afore|&s;aid: Therefore day is given to the parties afore&s;aid, thereof here at the afore&s;aid Term.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s,
<NOTE PLACE="marg">For digging in a Leadin Myne and taking a|way the Ore.</NOTE> wherefore by force and arms he did break the Clo&s;e of him the &s;aid Plaintiff at <HI>D.</HI> and did dig in his Leaden Myne, and the Leaden Ore thereof ca&s;t forth, to the value of fourty pounds, did take and carry away, <HI>&amp;c.</HI> H, 27 <HI>H.</HI> 8. <HI>Rot.</HI> 112.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="165" REF="85">
<P>TRe&s;pa&s;&s;e, wherefore by force and arms, he did take, impri&s;on,
<NOTE PLACE="marg">For impri&s;oning and ill u&s;ing the Plaintiff.</NOTE> and evil deal with him the &s;aid Plaintiff, at <HI>London:</HI> and in the Decla|claration, expre&s;&s;e the Pari&s;h and Ward, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>IN Tre&s;pa&s;s, the Defendant peaded an Outlawrie again&s;t the Plaintiff,
<NOTE PLACE="marg">Outlawry plea|ded in Bar, the Plaintiff repli|eth that he was inhabiting in another County when he was &s;o outlawed.</NOTE> and the Plaintiff replieth, and &s;aith, That he at the time of the Out|lawrie, was inhabiting in another County, then where he is named in the Originall Writ, and at the A&s;&s;izes, the Plaintiff doth not pro&s;ecute.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>IN Tre&s;pa&s;s for taking of Sheep, the Defendant ju&s;tifieth the taking,
<NOTE PLACE="marg">Ju&s;tification by rea&s;on of a re|covery in the hundred Court.</NOTE> by rea&s;on of a Plaint levied in the hundred Court, and a Precept of cau&s;ing to be levied, by vertue of a Recovery in the &s;ame Plaint: and the Plaintiff replieth and &s;aith, That the &s;aid <HI>B.</HI> did not recover again&s;t him the &s;aid Plaintiff, the afore&s;aid ten pounds, nor any peny there|of in the &s;aid Court of the Hundred afore&s;aid, as the afore&s;aid De|fendant hath above alledged: And this, <HI>&amp;c.</HI> Therefore twelve, <HI>&amp;c. Trin.</HI> 30 <HI>H.</HI> 6. <HI>Rot.</HI> 530.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>IN Tre&s;pa&s;s the Defendant pleaded, Not guilty, and at the A&s;&s;ize,
<NOTE PLACE="marg">Arbitrement pleaded after the la&s;t conti|nuamce, Rep<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">i|cation, No &s;uch Arbitrement.</NOTE> the Jury appear; and the Defendant &s;aith, That after the la&s;t contin|ance of the Plea afore&s;aid, the afore&s;aid Plaintiff, and the &s;ame De|fendant put them&s;elves in Arbitrement: And the Plaintiff replieth and &s;aith, no &s;uch Arbitrement: and &s;o to i&s;&s;ue, and the <HI>Venire facias</HI> awarded, <HI>M.</HI> 31 <HI>H.</HI> 6. <HI>Rot.</HI> 121.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>S&V;rrey</HI> &s;&s;. In Tre&s;pa&s;s an Arbitrement made at <HI>D.</HI>
<NOTE PLACE="marg">A<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">bytrement after A<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">bitre|ment pleaded after the la&s;t continuance,</NOTE> in the County of <HI>Buck</HI> pleaded, <HI>&amp;c.</HI> and the Plaintiff &s;aith, That he did not &s;ub|mit, nor put him&s;elf in Arbitrement, and &s;o to i&s;&s;ue: And &s;o at A&s;|&s;ize at <HI>Ni&s;i prius,</HI> the Defendant pleaded an Arbitrement after the la&s;t continuance of the Plea, <HI>&amp;c.</HI> And the Plaintiff demurreth in Law there, and at the day in the Bench, and Judgment for the Plaintiff, <HI>T.</HI> 6 <HI>H.</HI> 6. <HI>Rot.</HI> 248.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>B&V;ck.</HI> &s;&s;. In Tre&s;pa&s;s for taking and driving away Cattell,
<NOTE PLACE="marg">Note this, When one claims pro|perty in Cattel when the She|riff cometh to replevie Cattel, and another taketh the Cat|tell by delivery of the Sheriff, he is a Tre&s;|pa&s;&s;er.</NOTE> the Defendant &s;aith, That the Sheriff of the County afore&s;aid, at his County Court, held at <HI>S.</HI> (&s;uch a day and year) made to the &s;ame Defendant a Replevie of the Cattell afore&s;aid, by vertue whereof,
<PB N="166" REF="86">the &s;ame Defendant took the Cattell, as, <HI>&amp;c.</HI> And the Plaintiff &s;aith, That he at the afore&s;aid time of the delivery of the Cattell afore&s;aid, claimed property of the Cattell; and this, notwith&s;tanding the &s;ame Defendant made delivery of the Cattell, <HI>&amp;c.</HI> And the afore&s;aid De|fendant &s;aith, That the afore&s;aid Plaintiff had other Cattell then tho&s;e named in the Writ, of which the afore&s;aid Plaintiff claimed property, Without this, That the afore&s;aid Plaintiff claimed property of the &s;ame Cattell named in the Writ, <HI>&amp;c.</HI> And the Plaintiff &s;aith other|wi&s;e, <HI>T.</HI> 6 <HI>H.</HI> 6. <HI>Rot.</HI> 417.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>R. <HI>E</HI> lately of <HI>S.</HI> in the County afore&s;aid,
<NOTE PLACE="marg">Wilt. &s;&s;. <HI>Tre&s;pa&s;&s;e for taking a Colt and fettering and detaining of him,</HI> Hill. 20 Jac. Rot. 1992.</NOTE> Yeoman, and <HI>W. E.</HI> lately of <HI>E.</HI> in the County afore&s;aid, Yeoman, were attached to an&s;wer <HI>E. Pleydall,</HI> Gentleman, one of the Attorneys of the Court of our Lord the King, of his Bench, of a Plea, wherefore by force and arms, one Mare-Colt of him the &s;aid <HI>E. P.</HI> of the price of ten pounds, at <HI>S.</HI> lately found, they took away, and her from thence to <HI>W.</HI> they led away, and there fettered, and her &s;o fettered, they &s;o long de|tained, that the Colt afore&s;aid was very much wronged, and other harms to him did, to the great damage of him the &s;aid <HI>E.</HI> and again&s;t the peace of our Lord the King that now is; and whereupon the &s;aid <HI>E.</HI> in his proper per&s;on complains, that the afore&s;aid <HI>R.</HI> and <HI>W.</HI> the eighteenth day of <HI>July,</HI> in the ninteenth year of the Kings Reign, <HI>&amp;c.</HI> (as above, damage twenty pounds.)</P>
<P>And the afore&s;aid <HI>R.</HI>
<NOTE PLACE="marg">The Defendant pleads not guil|ty as to part, and ju&s;tifies the re&s;t as pro|per to his Office of being Ty|thing man, the Colt being &s;t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ay.</NOTE> and <HI>W.</HI> by <HI>S. Martine,</HI> their Attorney, come and defend the force and injury, when, <HI>&amp;c.</HI> And as to the coming by force and arms, as al&s;o the leading away of the Mare-Colt from <HI>S.</HI> afore&s;aid, to <HI>W.</HI> afore&s;aid, they &s;ay, that they are in no wi&s;e thereof guilty, as the afore&s;aid <HI>E.</HI> hath above again&s;t him complained, and of this they put them&s;elves upon the Countrey, and the afore&s;aid <HI>E.</HI> thereupon, in like manner; and as to the re&s;idue of the Tre&s;pa&s;s afore|&s;aid, above &s;uppo&s;ed to be done, they the &s;aid <HI>R.</HI> and <HI>W.</HI> &s;ay, That the afore&s;aid <HI>E.</HI> ought not thereupon to have his Action afore&s;aid again&s;t them, becau&s;e they &s;ay, that before the time afore&s;aid wherein the Tre&s;pa&s;s afore&s;aid is &s;uppo&s;ed to be done, one <HI>Edward,</HI> Earl of <HI>Hert|ford,</HI> was &s;eized of the Mannor of <HI>S.</HI> with the Appurtenances, in the County afore&s;aid, in his Deme&s;ne, as of Fee: and the &s;ame Earl, and all tho&s;e, who&s;e E&s;tate the &s;ame Earl hath in the Mannor afore&s;aid, with the Appurtenances, time out of minde, have had, and have u&s;ed to have all, and all manner Strays, coming within the Precinct of the Mannor afore&s;aid, and the afore&s;aid Earl being &s;o &s;eized of the Man|nor afore&s;aid, the &s;ame Earl before the &s;aid time, wherein, <HI>&amp;c.</HI> of the &s;ame Mannor,
<NOTE PLACE="marg">Feoffment of the Mannor.</NOTE> with the Appurtenances, did enfeoff <HI>W.</HI> Lord <HI>Georges,</HI> and <HI>Gilbert Pryn,</HI> Knight, to hold to them and their Heirs, to the u&s;e of the afore&s;aid Earl, and one <HI>Frances</HI> his then wife, and the
<PB N="167" REF="86">Heirs and A&s;&s;igns of him the &s;aid Earl for ever, by vertue of which &s;aid Feoffment, and by force of a certain Act in the Parliament of our Lord King <HI>Henry</HI> the eighth at <HI>We&s;tmin&s;ter</HI> in the County of <HI>Middle&s;ex</HI> the fourth Day of <HI>February</HI> in the twenty &s;eventh year of his Reign of tran<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ferring u&s;es into po&s;&s;e&s;&s;ion, holden, publi&s;hed, and provided, the afore&s;aid Earl and <HI>F.</HI> were &s;eized of the Mannor afore&s;aid with the Appurtenances, that is to &s;ay, the &s;ame Earl in his Deme&s;n as of Fee, and the afore&s;aid <HI>F.</HI> in her Deme&s;n as of Freehold for term of her life; and being &s;o thereof &s;eized, the afore&s;aid Earl, after and before the &s;aid time, wherein, <HI>&amp;c.</HI> at <HI>S.</HI> afore&s;aid, dyed of &s;uch his E&s;tate &s;eized, and the afore&s;aid <HI>F.</HI> him &s;urvived, and held her &s;elf in the Mannor afore&s;aid with the Appurtenances,
<NOTE PLACE="marg">Cu&s;tom to take Strays.</NOTE> and was thereof &s;ole &s;eized in her Deme&s;n as of Freehold for term of her life, by Right accruing, <HI>&amp;c.</HI> And the &s;ame <HI>R.</HI> and <HI>W.</HI> further &s;ay, That within the Mannor afore&s;aid, there is, and time out of minde there hath been &s;uch a cu&s;tom, That if any Bea&s;ts or Cattel &s;hall come within the Mannor afore&s;aid as Strays, that then the Tything-man of the Town of <HI>S.</HI> afore&s;aid, for the time being, was u&s;ed and accu&s;tomed to &s;eize &s;uch like Bea&s;ts or Cattel &s;o coming within the Mannor afore&s;aid, as Strays, and the &s;ame in the Markets and Fairs next adjoyning to the &s;aid Man|nor, according to the Law and Cu&s;tom of this Realm of <HI>England,</HI>
<NOTE PLACE="marg">Proclamation in the Market.</NOTE> cau|&s;ed to be proclaimed, and the &s;ame to keep in their cu&s;tody, to the u&s;e of the Lord of the Mannor, until the &s;ame Bea&s;ts, or Cattel, &s;hall be lawfully claimed by the owner of them, or &s;hall be forfeited to the Lord of the Mannor afore&s;aid for want of claim; and the &s;ame <HI>R.</HI> fur|ther &s;aith, That he the eighteenth day of <HI>July,</HI> in the nineteenth year a|fore&s;aid, was Tything-man of the afore&s;aid Village of <HI>S.</HI> and that the Mare-Colt afore&s;aid, in the Declaration afore&s;aid above &s;pecified,
<NOTE PLACE="marg">Tything man,</NOTE> the afore&s;aid eighteenth day of <HI>July,</HI> came within the Mannor afore&s;aid as a Stray, and there as a Stray remained, by which the &s;aid <HI>R.</HI> being, as a|fore&s;aid, Tythingman of the afore&s;aid Village of <HI>S.</HI> and the afore&s;aid <HI>W.</HI> as Servant of him the &s;aid <HI>R.</HI> and by his command after, that is, to wit, the afore&s;aid eighteenth day of <HI>July,</HI> in the nineteenth year afore|&s;aid, the afore&s;aid Mare-Colt found within the Mannor afore&s;aid, to the u&s;e of the afore&s;aid <HI>F.</HI> then being Lady of the Mannor afore&s;aid, they took and &s;eized, as it was lawful for them to do, and the afore&s;aid Colt in certain Pa&s;ture of his the &s;aid <HI>R.</HI> within the Mannor afore&s;aid, they kept: and the &s;ame <HI>R.</HI> and <HI>W.</HI> further &s;ay, That the Mare-Colt afore|&s;aid, at the time of the taking and &s;eizure thereof, was &s;o &s;trong,
<NOTE PLACE="marg">Ju&s;tifie the &s;e<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">|toing by rea&s;on of the unruli|ne&s;s.</NOTE> violent and wilde, that &s;he could not be kept within any Pa&s;ture without Fetter|ing, by which he the &s;aid <HI>R.</HI> and the afore&s;aid <HI>W.</HI> as the Servant of him the &s;aid <HI>R.</HI> and by his command, the &s;ame Colt, le&s;t he &s;hould e&s;cape out of the &s;ame Pa&s;ture of him the &s;aid <HI>R.</HI> to do any hurt unto the Neigh|bors, there they did fetter her with certain Fetters, and her &s;o fetter|ed for the &s;pace of five Weeks then next following for the rea&s;on a|fore&s;aid,
<PB N="168" REF="87">they kept, as it was lawful for them to do, and the &s;aid <HI>R.</HI> af|terwards did deliver the Colt afore&s;aid to him the &s;aid <HI>E.</HI> claiming the &s;ame Colt to be the proper Colt of him the &s;aid <HI>E.</HI> which &s;aid taking and &s;eizing of the Colt afore&s;aid, and fettering of the &s;ame Colt, and detaining of the &s;ame fettered in form afore&s;aid done, are the &s;ame taking and fettering of the &s;aid Colt, and detaining thereof fettered, whereof the afore&s;aid <HI>E.</HI> hath above now complained, and this they are ready to aver; whereupon they pray Judgment, whether the afore|&s;aid <HI>E.</HI> ought thereupon to have his Action again&s;t them, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>E.</HI> &s;ays,
<NOTE PLACE="marg">The Plaintiff demurs to the afore&s;aid Plea.</NOTE> That the afore&s;aid Plea of the afore&s;aid <HI>R.</HI> and <HI>W.</HI> as to the taking and fettering of the Colt afore&s;aid, and the detaining of him fettered above in Bar pleaded, That that Plea in man|ner and form afore&s;aid pleaded, and the matter in the &s;ame contained, doth not hold &s;ufficient in Law to debar him the &s;aid <HI>E.</HI> from having his Action afore&s;aid thereupon again&s;t them the &s;aid <HI>R.</HI> and <HI>W.</HI> and that he to that Plea in manner and form afore&s;aid pleaded hath no nece&s;&s;ity, nor by the Law of the Land is bound to an&s;wer, and this he is ready to aver; whereupon for want of &s;ufficient an&s;wer of the afore&s;aid <HI>R.</HI> and <HI>W.</HI> in that behalf, he the &s;aid <HI>E.</HI> prays Judgment, and his Damages, by rea&s;on of the &s;ame Tre&s;pa&s;s, to be adjudged unto him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R.</HI>
<NOTE PLACE="marg">The Defendants joyn in demur|ter.</NOTE> and <HI>W.</HI> for that they have above alledged &s;uf|ficient matter in Law, to debar the afore&s;aid <HI>E.</HI> from having his Action afore&s;aid again&s;t them the &s;aid <HI>R.</HI> and <HI>W.</HI> as to the taking and fetter|ing of the Colt afore&s;aid; and the detaining of him fettered above &s;up|po&s;ed to be done, which they are ready to aver; which &s;aid matter the afore&s;aid <HI>E.</HI> doth not deny, nor in any manner an&s;wer unto it, but doth altogether refu&s;e to admit of that averment as formerly they pray Judgment, and that the afore&s;aid <HI>E.</HI> may be debarred from having his Action afore&s;aid again&s;t them, <HI>&amp;c.</HI> And becau&s;e the Ju&s;tices here will advi&s;e them&s;elves of and upon the Premi&s;&s;es, whereupon the par|ties afore&s;aid have above put them&s;elves upon the Judgment of the Court,
<NOTE PLACE="marg">Demurrer and I&s;&s;ue.</NOTE> before Judgment thereupon be rendered. Day is given to the parties afore&s;aid here, until fifteen days after <HI>Ea&s;ter,</HI> of hearing there|upon their Judgment, <HI>&amp;c.</HI> becau&s;e the &s;ame Ju&s;tices here thereupon have not as yet, <HI>&amp;c.</HI> And as to the trying of the I&s;&s;ue afore&s;aid above joyned, Command is given to the Sheriff, That he cau&s;e to come here at the afore&s;aid Term, twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>J. C.</HI>
<NOTE PLACE="marg">London &s;&s;. <HI>A&s;&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ult, battery, fal&s;e imp<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">i&s;on|ment,</HI> Hil. 19 Jac. <HI>Rot.</HI> 20, 25</NOTE> lately of <HI>B.</HI> in the County of <HI>H.</HI> Gentleman, and <HI>T. H.</HI> lately of, <HI>&amp;c.</HI> were attached to an&s;wer <HI>R. Davies</HI> of a Plea, wherefore by force and arms on him the &s;aid <HI>R.</HI> at <HI>London,</HI> they made an a&s;|&s;ault and him beat, wounded, evil intreated, and impri&s;oned, and him there in Pri&s;on, again&s;t the Law and Cu&s;tom of the Realm of
<PB N="169" REF="87">our Lord the King of <HI>England,</HI> for a long time detained, and other harmes to him they did, to the great damage of him the &s;aid <HI>R.</HI> and a|gain&s;t the peace of our &s;aid Lord the King; and wherupon the &s;aid <HI>R.</HI> by <HI>I. L.</HI> his Attorney, complaines, that the afore&s;aid <HI>I.</HI> and <HI>T.</HI> (&s;uch a day and year) by force of armes, that is to &s;ay, with Swords, Staves, and Knives, on him the &s;aid <HI>R.</HI> at <HI>London,</HI> in the Pari&s;h of <HI>Saint Ma|ery Bow in the Ward of Cheap,</HI> made an a&s;&s;ault, and him beat, woun|ded and impri&s;oned, and him there in pri&s;on again&s;t the Law and cu&s;tome of the Realme of our Lord the King of <HI>England,</HI> for a long time, that is to &s;ay by the &s;pace of ten dayes they detained, and o|ther harmes, &amp;c. to the great damage, &amp;c. And again&s;t the peace, &amp;c. whereupon he &s;aies he is damnified, and hath damage to the value of an hundred pounds: And thereupon he brings Suite, &amp;c.</P>
<P>And the afore&s;aid <HI>I.</HI> and <HI>T.</HI> by <HI>Thomas Carpenter</HI> their Attorney,
<NOTE PLACE="marg"><HI>The Defendant pleads not guilty to part, and to the re&s;i|due he ju&s;tifies as under She|riff of the Coun|ty of</HI> Heref.</NOTE> come and defend the force and injury, when, &amp;c. And as to the comming by force and armes, as al&s;o the whole tre&s;pa&s;&s;e afore&s;aid, be&s;ides the a&s;&s;ault and impri&s;onment afore&s;aid above &s;uppo&s;ed to be done, the &s;ame <HI>I.</HI> and <HI>T.</HI> &s;ay. That they in nothing are thereof guil|ty, as the afore&s;aid <HI>R.</HI> hath above again&s;t them complained: And of this they put them&s;elves upon the Countrey; and the afore&s;aid <HI>R.</HI> thereupon in like manner. And as to the a&s;&s;ault and impri&s;onment a|fore&s;aid above &s;uppo&s;ed to be done. They the &s;aid <HI>I.</HI> and <HI>T.</HI> &s;ay. That the afore&s;aid <HI>R.</HI> ought not to have his <HI>Action</HI> afore&s;aid thereup|on again&s;t them becau&s;e they &s;ay, that at the afore&s;aid time wherein the a&s;&s;ault and impri&s;onment afore&s;aid is &s;uppo&s;ed to be made, one <HI>H. W.</HI> E&s;quire, was Sheriff of the County of <HI>Heref.</HI> and that the &s;ame <HI>I. C.</HI> the &s;ame time wherein, <HI>&amp;c.</HI> was Under-Sheriff of him the &s;aid <HI>H. W.</HI> of the &s;ame County of <HI>H.</HI> And that before the &s;aid time wherein the a&s;&s;ault and impri&s;onment afore&s;aid is &s;uppo&s;ed to be made (to wit, &s;uch a day and year) out of the Court of our Lord the King of his Bench here, to wit at <HI>We&s;tmin&s;ter,</HI> at the pro&s;ecuti|on of one <HI>R. R.</HI> Gentleman, then being one of the Atorneys of the Court of our &s;aid Lord the King of his Bench here, there did i&s;&s;ue forth a certain Writ of the &s;aid Lord the King of an Attachment of Priviledge, at the Suit of him the &s;aid <HI>R.</HI> directed to the then Sheriff of the afore&s;aid County of <HI>Hereford,</HI> By which &s;aid Writ, our Lord the King that now is, commanded him the &s;aid then Sheriff, that he &s;hould Attach the afore&s;aid <HI>R.</HI> &s;o that he might have him before the Ju&s;tices of our &s;aid Lord the King at <HI>We&s;tminster</HI> afore&s;aid, on <HI>Wed|ne&s;day</HI> next after a moneth of <HI>Ea&s;ter,</HI> to an&s;wer the afore&s;aid <HI>R. R.</HI> one of the Attorneys of the Court of our Lord the King of his Bench here, according to the Liberties and Privileges of the &s;ame Court for the like Attorneys and other Mini&s;ters of the &s;ame Bench, time out of minde u&s;ed and approved in the &s;ame, in a Plea of Tre&s;pa&s;s upon the
<PB N="170" REF="88">Ca&s;e, and that he &s;hould have there that Writ: Which &s;aid Writ the afore&s;aid <HI>R. R.</HI> afterwards, to wit (&s;ay a day, year, and place) delive|red to him the &s;aid <HI>J. C.</HI> then being Under-Sheriff of the afore&s;aid <HI>H. W.</HI> being then the Sheriff of the afore&s;aid County of <HI>Heref.</HI> in form of Law to be executed: By vertue of which &s;aid Writ, he the &s;aid <HI>J.</HI> the Under-Sheriff (of the afore&s;aid <HI>H. W.</HI> the Sheriff of the afore&s;aid Coun|ty of H) as afore&s;aid being, and the afore&s;aid <HI>T.</HI> as Servant of him the &s;aid <HI>J.</HI> and by his command, the afore&s;aid time wherein, <HI>&amp;c.</HI> at the city of <HI>H.</HI> in the afore&s;aid County of <HI>H.</HI> the afore&s;aid, <HI>R. D.</HI> took and arre&s;ted, and him in their cu&s;tody upon that occa&s;ion by the time afore|&s;aid in the Declaration afore&s;aid &s;pecified, did detain, as it was lawful for them to do:
<NOTE PLACE="marg">Traver&s;e that they are guilty in London.</NOTE> Without that that they the &s;aid <HI>J.</HI> and <HI>T.</HI> are guilty of the a&s;&s;ault and impri&s;onment afore&s;aid, at <HI>London</HI> afore&s;aid, or el&s;e|where out of the afore&s;aid County of <HI>Heref.</HI> as the afore&s;aid <HI>R.</HI> hath above again&s;t them complained: And this they are ready to aver, whereupon they pray Judgment, whether the afore&s;aid <HI>R.</HI> ought to have his Action afore&s;aid again&s;t them,
<NOTE PLACE="marg">The Plaintiff replies, the De|fendants did it of their proper injury, without any &s;uch cau&s;e at before al|leaged.</NOTE> <HI>&amp;c.</HI> And the afore&s;aid <HI>R.</HI> as to the Plea afore&s;aid of them the &s;aid <HI>J.</HI> and <HI>T.</HI> as to the a&s;&s;ault and impri&s;onment afore&s;aid above in bar pleaded, &s;aies, that he by any thing in the &s;ame Plea before alleadged, ought not to be debarred from ha|ving his Action afore&s;aid, thereof becau&s;e he &s;aies, that the afore&s;aid <HI>I.</HI> and <HI>T.</HI> the day and year afore&s;aid, in the Declaration afore&s;aid above &s;pecified, of their own wrong, and without any &s;uch cau&s;e by them the &s;aid <HI>J.</HI> and <HI>T.</HI> above by pleading alleaged, on him the &s;aid <HI>R.</HI> did make an a&s;&s;ault, and him impri&s;oned, again&s;t the peace of our &s;aid Lord the King that now is, as he above hath again&s;t them complained: And this he prayes may be inquired of by the Countrey, and the afore&s;aid <HI>J.</HI> and <HI>T.</HI> thereupon in like manner: And as to the trying of this I&s;&s;ue between the Parties afore&s;aid now joyned,
<NOTE PLACE="marg"><HI>Severatl</HI> Venir <HI>in Heref. and London.</HI></NOTE> command is given to the Sheriff of <HI>Heref.</HI> that he cau&s;e to come here in eight dayes after the <HI>Purification.</HI> &amp;c. <HI>twelve</HI> &amp;c. by whom, &amp;c. And who nei|ther, <HI>&amp;c.</HI> to recognize, &amp;c. Becau&s;e as well, &amp;c. And as to the try|ing of the afore&s;aid other I&s;&s;ue between the Parties afore&s;aid above in like manner joyned, command is given to the Sheriffs of <HI>London,</HI> that they cau&s;e to come here at the afore&s;aid Term, twelve, &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>DErby &s;&s;.</HI>
<NOTE PLACE="marg">Commoner pleaded not guilty with Cattel which overcharged the Common.</NOTE> In Tre&s;pa&s;e the <HI>Defendant</HI> ju&s;tifieth for Common for four hundred Sheep, <HI>&amp;c.</HI> And the <HI>Plaintiff</HI> &s;aith, that the <HI>Defendant</HI> was u&s;ed to common with a thou&s;and Seep in the afore&s;aid place in which, <HI>&amp;c.</HI> Be&s;ides the afore&s;aid 400. Sheep; for which &s;aid Tre&s;|pa&s;&s;e, he the &s;aid <HI>Plaintiff</HI> brought his Writ, <HI>&amp;c.</HI> to which the <HI>Defen|dant</HI> &s;aith, not guilty, with a thou&s;and Sheep, be&s;ides the afore&s;aid 400 Sheep, <HI>Trin.</HI> 6. <HI>H.</HI> 6, <HI>Rot.</HI> 422.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="171" REF="88">
<P>IN Tre&s;pa&s;e for carrying away Goods and Chattels,
<NOTE PLACE="marg">The Defendant &s;aith he found the goods in the publick way.</NOTE> the Defendant &s;aith, he found the &s;ame Goods in the Kings high Way, out of the cu&s;tody of any per&s;on, and thereof made Proclamation in the next Church, which is the &s;ame Tre&s;pa&s;&s;e, <HI>&amp;c. H.</HI> 34. <HI>H.</HI> 6.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>IN Tre&s;pa&s;&s;e for the King, the Defendant &s;aith, that he is not guilty,
<NOTE PLACE="marg">A pardon plea|ded after tryal.</NOTE> and at the <HI>Ni&s;i prius,</HI> verdict for the King, and the Court will advi&s;e, and afterwards the King by his Letters Patents, pardoned the Defendant of all manner of Rebellions, Treacheries, and all other mi&s;demeanors, which were allowed, <HI>M.</HI> 12. <HI>H.</HI> 4. <HI>Rot.</HI> 391.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>IN Tre&s;pa&s;&s;e for the King, the Defendant &s;aith, that he is not guilty,
<NOTE PLACE="marg">The Kings At|torney acknow|ledgeth the De|fendants plea.</NOTE> and the Attorney of the King, by vertue of a Warrant of the King to him directed, acknowledged the Plea of the <HI>Defendant</HI> to be true: Therefore let the afore&s;aid Defendant go thereof quiet, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>IN Tre&s;pa&s;&s;e again&s;t three upon one Original Writ,
<NOTE PLACE="marg">Several Decla|tions upon one original in Tre&s;pas again&s;t three.</NOTE> and three &s;everal Entries of I&s;&s;ues, tryed again&s;t one Defendant, and Damages a&s;&s;e&s;|&s;ed to twelve pounds: And afterwards another I&s;&s;ue tryed again&s;t ano|ther <HI>Defendant,</HI> and no Damages found: And the <HI>Plaintiff</HI> had Judg|ment again&s;t him for the afor&s;aid twelve pounds of Damages found again&s;t the fir&s;t <HI>Defendant,</HI> and afterwards the <HI>Plaintiff</HI> acknowledgeth him&s;elf not further to pro&s;ecute again&s;t the third <HI>Defendant,</HI> and had execution of Damages, <HI>Trin.</HI> 5. <HI>H.</HI> 4. <HI>Rot.</HI> 371.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>MIddle&s;ex. &s;&s;.</HI> In Tre&s;pa&s;s, the <HI>Defendant</HI> &s;aith, The place in which,
<NOTE PLACE="marg">Venire Faci<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">s <HI>into two Coun|ties.</HI></NOTE> <HI>&amp;c.</HI> is forty acres of Land with the Appurtenances in the &s;ame Town, which are in the County of <HI>Hertf.</HI> and the I&s;&s;ue is joyned in both Counties, and the <HI>Venire Facias</HI> directed to both the Sheriffs of <HI>Middle&s;ex</HI> and <HI>Hertf.</HI> And after I&s;&s;ue tryed for the <HI>Plaintiff</HI> in the County of <HI>Middle&s;ex,</HI> and Damages a&s;&s;e&s;&s;ed by the Jurors, by rea&s;on of the whole Tre&s;pa&s;e, if, <HI>&amp;c.</HI> to three &s;hillings four pence, and if not, &amp;c. to twelve pence, and Judgment re&s;pited, &amp;c. <HI>T.</HI> 5. <HI>H.</HI> 4. <HI>Rot.</HI> 391.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>IN Tre&s;pa&s;e by the Ordinary for Goods &s;eque&s;tred,
<NOTE PLACE="marg">For the Ordi|nary.</NOTE> of one dying in|te&s;tate, <HI>M.</HI> 8. <HI>H.</HI> 4 <HI>Rot.</HI> 418.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="172" REF="89">
<P><HI>YOrk.</HI>
<NOTE PLACE="marg">For taking a|way an Ap|prentice.</NOTE> <HI>&s;&s;.</HI> Tre&s;pa&s;&s;e, wherefore by Force and Arms, he did take and lead away one <HI>W.</HI> Servant and Apprentice of him the &s;aid Plaintiff, being in his Service at <HI>York:</HI> And the <HI>Defendant</HI> &s;aith, That the afore-<HI>W. S.</HI> at the afore&s;aid time in which, &amp;c. was a Vagabond, and wan|dering out of the &s;ervice of every man, by which the &s;ame <HI>Defendant</HI> retained him, as, &amp;c. And this, &amp;c.</P>
<P>And the afore&s;aid Plaintiff &s;aith, that after that the afore&s;aid <HI>W. S.</HI> was wandering, he gave notice to the <HI>Defendant,</HI> that the afore&s;aid <HI>W. S.</HI> was his Servant and Apprentice, and reque&s;ted him that he would de|liver him to the &s;ayd <HI>Plantiff,</HI> and that the &s;ame <HI>Defendant</HI> did refu&s;e to deliver him: And this, &amp;c. Whereupon fora&s;much, &amp;c.</P>
<P>And the afore&s;aid <HI>Defendant</HI> &s;aith as before in Bar: without this, that the afore&s;aid <HI>Plaintiff</HI> did give notice to the &s;ame <HI>Defendant,</HI> that the afore&s;aid <HI>W. S.</HI> was h s Servant, and the <HI>Plaintiff</HI> &s;aith as before. Therefore twelve, &amp;c. <HI>M.</HI> 20. H. 7. <HI>Rot.</HI> 533.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>WHerefore by Force and Armes he did break two Pipes of Claret Wine of him the &s;aid <HI>Plaintiff,</HI>
<NOTE PLACE="marg">For breaking of a Pipe of Wine.</NOTE> at <HI>B.</HI> found, by which the wine in the &s;ame Pipes contained wholly did run out, and other Enormities, &amp;c. <HI>P.</HI> 7. H. 6. <HI>Rot.</HI> 427.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>TRe&s;pa&s;&s;e</HI> for entring into a free Warren in <HI>W.</HI>
<NOTE PLACE="marg">For chu&s;ing in a free Warren.</NOTE> The <HI>Defendant</HI> &s;aith, That one <HI>E.</HI> is Lord of the Town of <HI>F.</HI> in the County afore&s;aid, which is adjoyning to the afore&s;ayd Town of W. and that in the &s;ame Town of W. is had a certain great Pa&s;ture called H. which is next ad|joyning to the afore&s;aid Town of F. And that the &s;ame E. and all his Predece&s;&s;ors,
<NOTE PLACE="marg">Pre&s;cription to hunt in the afore&s;aid pa|&s;ture.</NOTE> and all his Tenants inhabiting and dwelling in the afore|&s;aid Town of <HI>F.</HI> from the time of the contrary whereof, the memo|ry of Men is not extant, were u&s;ed to cha&s;e and hunt in the afore&s;aid Pa&s;ture, &amp;c. H. 3. H. 4. <HI>Rot.</HI> 112.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>WHerefore by Force and Arms,
<NOTE PLACE="marg">For breaking a Clo&s;e, taking a|way Cattel, and &s;elling them.</NOTE> they did break the Clo&s;e, &amp;c. and his Gra&s;&s;e, &amp;c. did eat up, tread down, and con&s;ume, and his cattel (that is to &s;ay) two Heyfers and one Gelding, of the price of forty pounds, there lately found, did take and lead away, and al&s;o tho&s;e cattel to certain per&s;ons unknown did &s;ell, and the moneys thereof coming did convert to their own u&s;e again&s;t, &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>VVHerefore by Force and Armes he did cha&s;e two Hoggs of him the &s;aid <HI>A.</HI>
<NOTE PLACE="marg">For cha&s;ing of Hogs with Dogs, whereby they dyed.</NOTE> at <HI>M.</HI> found, with certain Dogs, &s;o much &s;etting
<PB N="173" REF="89">on tho&s;e Dogs to bite the Hogs afore&s;aid, that by that cha&s;ing and bi|ting of the Dogs afore&s;aid, the afore&s;aid Hogs of the price of forty &s;hillings, dyed, and other Enormities, &amp;c. <HI>Trin.</HI> 25. <HI>Eliz. Rot.</HI> 408.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>WHerefore by Force and Arms,
<NOTE PLACE="marg">For breaking a Clo&s;e, mowing Gra&s;s &amp; Corn, and taking them away.</NOTE> he d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d break the Clo&s;e of the &s;aid <HI>Plaintiff</HI> at <HI>A.</HI> and his corn there lately growing, did mow, and his Gra&s;&s;e there l<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">tely growing, did cut, and the Hay coming thereof, and his Corn afore&s;aid, to the value of ten pounds, did take and carry away, and other Enormities, &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>WHerefore by Force and Arms,
<NOTE PLACE="marg">For taking a|way a Pale.</NOTE> he did break the Clo&s;e of him the &s;aid <HI>Plaintiff</HI> at <HI>B.</HI> and did take and carry away a certain new Po&s;t of him the &s;aid <HI>Plaintiff</HI> there in the &s;oil put and fa&s;tned, to the va|lue of forty &s;hillings, and other, &amp;c. <HI>T.</HI> 27. H 8. <HI>Rot.</HI> 335.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>G. <HI>Cock</HI> again&s;t <HI>Barow,</HI> and others, wherefore by Force and Arms at they took one Milch Cow of him the &s;ayd <HI>G. C.</HI> and did drive her from thence to <HI>D.</HI> and there impounded her, and did detain her there &s;o impounded, until the &s;ame <HI>G. C.</HI> had made a Fine by &s;ix &s;hillings and eight pence, with the &s;aid <HI>Defendnats</HI> for delivery of the Cow afore&s;aid, and other enormities, &amp;c.</P>
<P>And the &s;aid <HI>Defendants</HI> by <HI>W. N.</HI> their Attorney,
<NOTE PLACE="marg">Ju&s;tification for Amercia|ment in the hundred Court for the King, and for Rent.</NOTE> come and defend the Force and in Injury, when, &amp;c. and as to the coming with Force and Armes, &amp;c. not guilty, and as to the re&s;idue, &amp;c. his action ought not, &amp;c. becau&s;e they &s;ay, that long before the afore&s;aid time in which it is &s;uppo&s;ed the Tre&s;pa&s;e afore&s;aid to be done, and al&s;o at the &s;ame time in which &amp;c. the now Lord the King was &s;eized, and yet is &s;ei|zed of the Hundred of <HI>R.</HI> with the Appurtenances in his Deme&s;ne as of Fee in the right of his Crown of <HI>E.</HI> and that long before the afore&s;aid time in which, &amp;c. and al&s;o at the &s;ame time in which, &amp;c. the afore&s;aid <HI>G. C.</HI> was, and yet is &s;eized of a certain chief Me&s;&s;uage, 100. acres of Land, &amp;c. in <HI>S.</HI> afore&s;aid called <HI>G.</HI> in his <HI>Deme&s;ne</HI> as of Fee, and hath held, and yet doth hold, tho&s;e Tenements with the ap|purtenances of the &s;aid now Lord the King, as of his Hundred afore|&s;aid by fealty and Rent of &s;even pence half penny, at the Fea&s;t of Saint <HI>M.</HI> yearly to be paid to the &s;aid Lord the King, and by &s;ervice, to do Suit to the Court of him the &s;aid Lord the King of his Hundred afore|&s;aid, from three weeks to three weeks, within that Hundred yearly to be held, and that within the Hundred afore&s;aid, &s;uch a cu&s;tome is had, and al&s;o from the time of the contrary, whereof the memory of men is not extant, was had, u&s;ed, and approved, in the &s;ame Hundred,
<NOTE PLACE="marg">Pre&s;cription to di&s;tre<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">n for A|merciaments and Rent.</NOTE> (that is to &s;ay) That every Freeholder of every Freehold within the Hundred afore&s;aid holden of the &s;aid Lord the King as of his Hundred afore&s;aid, not appearing at the afore&s;aid General Court, &s;hall be amerced for
<PB N="174" REF="90">his &s;aid contempt two &s;hillings and eight pence, and that the Bailiff of the &s;ame Hundred for the time being, as well tho&s;e amerciaments, &s;o im|po&s;ed for not appearing at the &s;ame general Court, as the free Rent of every &s;uch like Freeholder, to the &s;ame Lord the King due, to the u&s;e of the &s;ame Lord the King, ought to gather, and receive, and by the whole time afore&s;aid hath been accu&s;tomed, and for not payment of the amer|ciament or Rent afore&s;aid, the &s;ame Bailiff for the time being by the whole time afore&s;aid, hath bin accu&s;tomed into tho&s;e Tenements &s;o hol|den of the &s;aid Lord the King, as of his Hundred afore&s;aid with the ap|purtenances, to enter and di&s;train, &amp; the Di&s;tre&s;&s;es there taken, lawfully to drive away, impound, and to detain impounded, until the Rent and amerciament afore&s;aid, &s;hould be paid to the &s;aid Bailiff, to the u&s;e of the &s;aid Lord the King, and the Moneys &s;o received, the &s;ame Bailiff for the time being, at the Receipt of the Exchequer of the &s;aid Lord the King, or to the general Receiver of the &s;ame County of <HI>S.</HI> for the time being ought, and by the whole time afore&s;aid, hath been accu&s;to|med to pay, and he the &s;aid <HI>G. C.</HI> of the Tenments afore&s;aid, in form afore&s;aid being &s;eized; the general Court of the Lord the King for the Hundred afore&s;aid <HI>A.</HI> at <HI>C.</HI> in the County afore&s;aid, on Thur&s;day next after the Fea&s;t of Saint <HI>M.</HI> (in &s;uch a year) was held before <HI>E. B.</HI> E&s;q then Steward of the &s;ame Court, at which &s;aid Court, the &s;ame <HI>G. C.</HI> was required and did not appear, therefore according to the cu&s;tome a|fore&s;aid, the &s;ame <HI>G.</HI> was amerced at two &s;hillings and eight pence, and al&s;o another general Court of the Lord the King for the Hundred a|fore&s;aid, at <HI>C.</HI> within the afore&s;aid Hundred, on Thur&s;day next after the Fea&s;t of Saint <HI>M.</HI> (in &s;uch a year) was held before the afore&s;aid <HI>E. B.</HI> then Steward of the &s;ame Court, at which &s;aid Court the &s;aid <HI>G.</HI> was required and did not appear, therefore according to the cu&s;tome afore&s;aid, the &s;aid <HI>G.</HI> was amerced to two &s;hillings and eight pence: And they the &s;ame Defendants further &s;ay, That the afore&s;aid time in which, &amp;c. two &s;hillings &s;ix pence of the afore&s;aid Rent of &s;even pence half penny for four years, ending at the Fea&s;t, &amp;c. were behinde un|paid to the &s;aid Lord the King, and although the &s;ame <HI>G. B.</HI> then and yet being Bailiff of the &s;ame Hundred; afterwards (that is to &s;ay) &s;uch a day and year, at S. afore&s;aid, on the behalf of the &s;ame Lord the King, did reque&s;t the &s;aid <HI>G. C.</HI> then Freeholder of the Tenements afore&s;aid, being to pay to the &s;ame <HI>G. B.</HI> then being Bailiff of the &s;ame Hundred, to the u&s;e of the &s;aid Lord the King, the Moneyes afore&s;aid due to the &s;ame then Lord the King, as afore&s;aid, as well for Arrera|ges of Rent afore&s;aid, as for the amerciaments afore&s;aid, the &s;ame <HI>G. C.</HI> then there refu&s;ed to pay to him the &s;ame, by which the &s;ame <HI>G. B.</HI> the afore&s;aid time in which, &amp;c. being then as afore&s;aid Bailiff of the Hun|dred afore&s;aid and the afore&s;aid <HI>J.</HI> and <HI>E.</HI> in ayd of him the &s;aid <HI>G.</HI> to|gether, &amp;c. into the Tenements afore&s;aid with the Appurtenances &s;o held of the Lord the King as afor&s;aid, through the Gates of the &s;aid
<PB N="175" REF="90">Tenements then being open, did enter, and did take the afore&s;aid Cow, then being levant and couchant upon the &s;aid Tenements in the name of a di&s;tre&s;&s;e, and did cha&s;e her from thence to <HI>D.</HI> afore&s;aid, the &s;ame Town of <HI>D.</HI> being within the afore&s;aid Hundred of <HI>S. R.</HI> and there did impound, &amp;c. as it was lawful for them: Which &s;aid taking, impounding, and detaining of the Cow afore&s;aid is the Iame Tre&s;pa&s;&s;e whereof the a|fore &s;aid <HI>G. C.</HI> above doth now complain: And the &s;ame Defendants fur|ther &s;ay, that the &s;ame <HI>G.</HI> as Bayliff of the &s;ame Hundred, afterwards (that is to &s;ay) &s;uch a day and year, did pay tho&s;e Moneys to <HI>W. H.</HI> E&s;quire, general Receiver of the &s;ame County then being, to the u&s;e of the Lord the King; all and every which things the &s;ame Defendants are ready to averr, whereupon they pray Judgment, if Action, &amp;c. The Plaintiff replyeth, that the Defendants committed the Tre&s;pa&s;&s;e of their own wrong without any &s;uch cau&s;e, <HI>T.</HI> 14. <HI>J. Rot.</HI> 3397.
<NOTE PLACE="marg"><HI>Replevin in the</HI> Detinet <HI>and</HI> Detinuit.</NOTE></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Ju&s;tification for taking a Di&s;tre&s;&s;e for the Certainties of his County, payable at the Sheriffs Turn.</HEAD>
<P><HI>S&V;&s;&s;ex &s;&s;.</HI> And the afore&s;aid <HI>T. E.</HI> by <HI>J. P.</HI>
<NOTE PLACE="marg">Ju&s;tification in Tre&s;pa&s;s for a Rent to the King payable by the Defen|dant at the Sheriff's Turn.</NOTE> his Attorney cometh and defendeth the force and injury, when, &amp;c. And as the com|ing with force and Armes, or any thing that is again&s;t the peace of the now Lord the King, the &s;ame <HI>T.</HI> &s;aith, that he is not there|of guilty: And of this, &amp;c. And the &s;aid <HI>A.</HI> likewi&s;e: And as to the re&s;idue of the Tre&s;pa&s;&s;e afore&s;aid, the &s;ame <HI>T.</HI> &s;aith, That the place in which it is &s;uppo&s;ed the tre&s;pa&s;&s;e afore&s;aid to be done, is twenty Acres of Land with the Appurtenances in <HI>S.</HI> afore&s;aid: And the &s;ame <HI>T.</HI> &s;aith, That the now Lord the King is, and all his Progenitors Kings of <HI>England,</HI> were &s;eized of a certain Sheriffs Turn at <HI>Buxhal</HI> in the County of <HI>S.</HI> afore&s;aid, once within a moneth af|ter the Fea&s;t of <HI>Ea&s;ter,</HI> and once within a moneth after the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, yearly before the Sheriff of the &s;ame County for the time being to be held; and al&s;o of a certain yearly Rent of twenty &s;ix &s;hillings and eight pence, &amp;c. called <HI>She|ryrezyeld,</HI> to the &s;ame Lord the King and all his Progenitors afore|&s;aid yearly by the whole time afore&s;aid, by the afore&s;aid then Abbot, and all his Predece&s;&s;ors Abbots of <HI>Hide</HI> afore&s;aid, by the time being at <HI>B.</HI> afore&s;aid (to wit) at the Sheriffs Turn held there, before the Sheriff of the County afore&s;aid for the time being, within one moneth next after the afore&s;aid Fea&s;t of <HI>Ea&s;ter,</HI> thirteen &s;hillings and four pence, and at the Sheriffs Turn holden there before the Sheriff of the &s;ame County for the time being, within one moneth next after the afore&s;aid Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, thirteen &s;hillings and four pence: Which &s;aid Rent &s;o to be paid, one <HI>W. D.</HI> late
<PB N="176" REF="91">Sheriff of the County afore&s;aid, and all his Predece&s;&s;ors, Sheriffs of the &s;ame County for the time being, from the whole time afore&s;aid were u&s;ed there at the &s;ame Turn, twice held by the yeare, in form afore|&s;aid, by the hands of the afore&s;aid now Abbot of H. and all his Prede|ce&s;&s;ors afore&s;aid, his Farmers or Occupiers of his Mannor of <HI>S.</HI> a|fore&s;aid, in the County afore&s;aid, or his Mini&s;ters there, in form afore|&s;aid, for the time being, to the u&s;e of the &s;aid Lord the King, to re|ceive, and thereof as parcell of the great Farm, or of the forty pounds to the County afore&s;aid, before the Barons of the Exchequer of the &s;aid Lord the King, and his Progenitors afore&s;aid, accountable yearly at the &s;aid Exchequer, to the &s;aid Lord the King, by the Barons afore|&s;aid, yearly to be charged: And for default of &s;uch payment of the &s;ame Rent, by the afore&s;aid now Abbot or his Predece&s;&s;ors, <HI>&amp;c.</HI> For the time being, in form afore&s;aid to be made, the afore&s;aid late Sheriff and all his Predece&s;&s;ors afore&s;aid, &s;o for the time being, were u&s;ed by the whole time afore&s;aid, to di&s;train the now Abbot and his Pre|dece&s;&s;ors, &amp;c. for the time being, for the Rent afore&s;aid, in form afore&s;aid being behinde, and every parcell thereof in the afore&s;aid Mannor of <HI>S.</HI> whereof the afore&s;aid twenty Acres of Land, are, and by the whole time afore&s;aid were parcel: And in all other Lands of him the &s;aid <HI>Abbot</HI> and his Predece&s;&s;ors, within the Rape of <HI>Leias</HI> in the County afore&s;aid, and the &s;ame Rent &s;o being behinde from the &s;ayd <HI>Abbot</HI> and his Predece&s;&s;ors afore&s;aid, &s;o for the time being by di&s;tre&s;&s;e in the &s;ame Mannor and Lands afore&s;aid, by the &s;ame late She|riff and his Predece&s;&s;ors afore&s;aid, &s;o for the time being to be taken and levyed, and the account thereof at the &s;aid Exchequer, yearly to the &s;ame Lord the King and his Progenitors afore&s;aid, in form afore|&s;aid to be rendred, and thereof to the &s;ame Lord the King and his Progenitors afore&s;aid, at the &s;ame account, by the Barons afore&s;aid, in form afore&s;aid to be charged. And the &s;ame <HI>T.</HI> further &s;aith, That the afore&s;aid now <HI>Abbot,</HI> thirteen &s;hillings and four pence, at the afore&s;aid Rent, &s;ix and twenty &s;hillings and eight pence, parcel of Sheriffs turn holden at <HI>B.</HI> afore&s;aid, the twentieth day of <HI>April,</HI> in the fourth year of the Raign of the &s;aid now Lord the King, before the &s;ame <HI>T.</HI> then Sheriff of the County afore&s;aid, to the &s;aid Lord the King now due, and to him then to be paid: And al&s;o thirteen &s;hillings and four pence, re&s;idue of the afore&s;aid Rent of &s;ix and twenty &s;hillings and eight pence, at the <HI>Sheriffs-Turn</HI> holden there, the third day of <HI>October</HI> then next following, before the &s;ame <HI>T.</HI> then Sheriff of the &s;ame County, to the &s;ayd Lord the King now due, and to him the then Sheriff to be payd, to the &s;ame <HI>T.</HI> then Sheriff did not pay: Which &s;ayd &s;everal Sums of thirteen &s;hillings and foure pence, on the &s;aid twentieth day of <HI>A.</HI> and the third day of <HI>O.</HI> in form afore|&s;aid to be paid, and being behinde in forme afore&s;aid, do amount to the afore&s;aid &s;ix and twenty &s;hillings and eight pence; for which &s;aid
<PB N="177" REF="91">&s;ix and twenty &s;hillings and eight pence &s;o being behinde, the &s;aid <HI>T.</HI> Sheriff of the &s;aid County of <HI>S.</HI> the &s;aid time in which, <HI>&amp;c.</HI> in the a|fore&s;aid twenty Acres of Land being open, the &s;aid time in which, <HI>&amp;c.</HI> did enter, and the &s;aid four Cows in the &s;ame twenty Acres of Land then being, then and there did take, and them detain in the name of Di&s;tre&s;s, for the afore&s;aid twenty &s;ix &s;hillings and eight pence, in form afore&s;aid being behinde: And afterwards the &s;ame <HI>T.</HI> with the afore|&s;aid Lord the King at <HI>We&s;tmin&s;ter,</HI> at the Exchequer afore&s;aid, before <HI>R. H.</HI> and his A&s;&s;ociates, Barons of the &s;ame Exchequer, in eight days of Saint <HI>Hillary,</HI> in the &s;aid fifth year of the &s;aid now Lord the King, at the account of the &s;aid then Sheriff, between the &s;ame Lord the King and the afore&s;aid <HI>T.</HI> then Sheriff, of the I&s;&s;ues of his Bayliwick of the &s;ame County a&s;&s;igned to be heard, did account, and thereof the &s;ame Sum of twenty &s;ix &s;hillings and eight pence, as parcel of the great Farm of the forty pounds afore&s;aid there at the &s;ame account, to the &s;ame Lord the King, by the Barons afore&s;aid being charged: And this he is ready to aver; whereupon he doth not expect, that the Ju&s;tices of the Lord the King here, to the &s;aid Lord the King thereof unad|vi&s;ed, will further in the Plea afore&s;aid proceed; and prayeth ayd of him the &s;aid Lord the King. <HI>&amp;c.</HI> and he hath, <HI>&amp;c.</HI> And hereupon day is given to the parties afore&s;aid, before the &s;aid Lord the King, until, <HI>&amp;c.</HI> where&s;oever, <HI>&amp;c.</HI> And it is &s;aid to the &s;aid Abbot, in the mean time, at his peril he pro&s;ecute the &s;aid now Lord the King, <HI>&amp;c.</HI> At which &s;aid fifteen days, before the &s;aid Lord the King at <HI>W.</HI> came as well the &s;aid <HI>A.</HI> as the &s;aid <HI>T.</HI> by their Attorneys afore&s;aid: And the &s;aid Lord the King commanded to his Ju&s;tices here his Writ-clo&s;e in the&s;e words.</P>
<P><HI>Edward,</HI> by the grace of God, <HI>&amp;c.</HI> (as in the Writ of <HI>Procedendo,</HI> notwith&s;tanding ayd <HI>Verbatim;</HI>) Whereupon the &s;ame <HI>T.</HI> as to the &s;aid re&s;idue of the Tre&s;pa&s;s afore&s;aid &s;uppo&s;ed to be done, he &s;aith, That the afore&s;aid Abbot his Action afore&s;aid again&s;t him to have, ought not, becau&s;e, as before, he &s;aith, That the place in which it is &s;uppo&s;ed the Tre&s;pa&s;s afore&s;aid to be done, <HI>&amp;c.</HI> (as in the Plea above) And this he is ready to aver, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Abbot &s;aith, That he ought not to be barred, be|cau&s;e he &s;aith, That the now Lord the King, and all his Progenitors Kings of <HI>England,</HI> from the whole time afore&s;aid, in which the me|mory of men is not extant, were not &s;eized of the afore&s;aid yearly Rent of twenty &s;ix &s;hillings and eight pence, nor of any parcel there|of, in the form in which the &s;aid <HI>T.</HI> hath above by pleading alledged: And this he is ready to aver, <HI>&amp;c.</HI> Whereupon for as much, <HI>&amp;c.</HI> he prayeth Judgment and Damages, <HI>&amp;c.</HI> And the afore&s;aid <HI>T.</HI> &s;aith, That the afore&s;aid now Lord the King, <HI>&amp;c.</HI> (on the contrary) in form in which the &s;ame <HI>T.</HI> hath above by pleading alledged: And of this, <HI>&amp;c.</HI> Therefore twelve, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<PB N="178" REF="92">
<P>WHerefore by force and arms the Goods and Chattels of him the &s;aid <HI>R.</HI> to the value, <HI>&amp;c.</HI> at <HI>K.</HI> found, did take and carry away, <HI>&amp;c.</HI></P>
<P>And the &s;aid Defendant,
<NOTE PLACE="marg">The Defendant ju&s;tifieth the ta|king of Goods for Toll at a Fair, by the Cu&s;tom of the Mannor.</NOTE> by <HI>A. B.</HI> his Attorney, cometh and de|fendeth the Force and Injury, when, <HI>&amp;c.</HI> And as to the coming with force and arms, and al&s;o to the whole Tre&s;pa&s;s afore&s;aid, except the taking and carrying away of the four yards of Linnen Cloth, of the afore&s;aid twenty yards of Linnen Cloth above &s;uppo&s;ed to be done, he &s;aith, That he is not thereof guilty: And of this, <HI>&amp;c.</HI> And as to the taking and carrying away of the afore&s;aid four yards of Linnen Cloth above &s;uppo&s;ed to be done, his Action ought not, <HI>&amp;c.</HI> becau&s;e he &s;aith, That the place in which it is &s;uppo&s;ed that Tre&s;pa&s;s to be done, is, and at the afore&s;aid time in which, <HI>&amp;c.</HI> was a certain Street in the Town of <HI>K</HI> called <HI>E.</HI> in the County afore&s;aid; and that long before the a|fore&s;aid time, in which, <HI>&amp;c.</HI> and al&s;o at the &s;ame time in which, <HI>&amp;c. J.</HI> Lord <HI>D.</HI> in the County of <HI>E.</HI> was &s;eized of the Mannor of <HI>K.</HI> with the Appurtenances, in the County afore&s;aid (whereof the afore&s;aid place in which, &amp;c. is, and the afore&s;aid time in which, &amp;c. And al&s;o from the time of the contrary whereof, &amp;c. extant, was parcel) in his Deme&s;n as of Fee; within which &s;aid Mannor, the afore&s;aid Lord <HI>D.</HI> and all tho&s;e who&s;e E&s;tate he hath, and the afore&s;aid time in which, &amp;c. had in the afore&s;aid Mannor, with the Appurtenances, from the time of the contrary whereof, the memory of men is not ex|tant, were u&s;ed and accu&s;tomed to have, and to hold within the Man|nor afore&s;aid (that is to &s;ay) in the Town of <HI>K.</HI> afore&s;aid, a certain Fair every year in the Eve of the Fea&s;t of Saint <HI>L.</HI> and by two days then next following, to endure to be held as to the Mannor afore&s;aid, with the Appurtenances belonging, and that the &s;ame Lord, and all tho&s;e who&s;e E&s;tate he hath, and the afore&s;aid time in which, &amp;c. had in the Mannor afore&s;aid, with the Appurtenances, from the whole time afore&s;aid, have received and ought to receive at every Fair, in every year in the Eve of the afore&s;aid Fea&s;t of Saint <HI>L.</HI> and by the afore&s;aid two days then next following, to continue within the Man|nor afore&s;aid (that is to &s;ay) in the afore&s;aid Town of <HI>K.</HI> held, for every covered Stall erected within the afore&s;aid Street of <HI>E.</HI> four pence of lawful Money of <HI>England,</HI> in the name of Toll, to be payd by the &s;ame per&s;on, or by the &s;ame per&s;ons, which &s;hould bring their Merchandizes, Goods, and Chattels to the Fair afore&s;aid to &s;ell: And if any per&s;on or per&s;ons &s;hould refu&s;e to pay the afore&s;aid four pence in the name of Toll, for their Merchandizes, Goods, and Chattels, &s;o as afore&s;aid brought to the Fair afore&s;aid to be &s;old, then the &s;ame Lord <HI>D.</HI> and all tho&s;e who&s;e E&s;tate he hath in the Mannor afore&s;aid, with the Appurtenances, from the time of the contrary
<PB N="179" REF="92">whereof the memory of men is not <GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">rant, by their Bayliffs and Ser|vants, within the Mannor afore&s;aid, or within the Precinct of the &s;ame Mannor, have been u&s;ed and accu&s;tomed to take their Merchan|dizes, Goods, and Chattels, &s;o as afore&s;aid brought to the Fair afore|&s;aid to be &s;old, and to retain them until they &s;hould pay the afore&s;aid four pence in the name of Toll: And the &s;ame <HI>W.</HI> further &s;aith, That before the afore&s;aid time in which, <HI>&amp;c.</HI> (that <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> to &s;ay) in the Eve of the afore&s;aid Fea&s;t of Saint <HI>L.</HI> (in &s;uch a year) and by two days then next following, a certain Fair within the Mannor afore&s;aid (that is to &s;ay) in the afore&s;aid Town of <HI>K.</HI> afore&s;aid was held, and that the afore&s;aid <HI>R G.</HI> did erect at the &s;ame Fair one covered Stall within the afore&s;aid Street of <HI>E.</HI> and brought Merchandize, Goods, and Chat|tels (that is to &s;ay) two hundred yards of Linnen Cloth of him the &s;aid <HI>R.</HI> and other Wares to &s;ell at that Fair, whereupon the afore&s;aid <HI>W.</HI> as Servant of him the &s;aid Lord <HI>D.</HI> and by his command at <HI>K.</HI> a|fore&s;aid, the afore&s;aid time in which, <HI>&amp;c.</HI> did require of the afore|&s;aid <HI>R.</HI> four pence, due to the &s;aid Lord <HI>D.</HI> for the afore&s;aid Toll, for the afore&s;aid covered Stall, within the afore&s;aid Street of <HI>E.</HI> &s;o (as afore&s;aid) erected; which &s;aid four pence, the afore&s;aid <HI>R.</HI> then and there refu&s;ed to pay to the &s;aid <HI>W.</HI> to the u&s;e of him the &s;aid Lord <HI>D.</HI> by which the &s;ame <HI>W.</HI> as Servant of him the &s;aid Lord <HI>D.</HI> and by his command the afore&s;aid four yards of Linnen Cloth in the afore&s;aid Street of <HI>E.</HI> then being for the &s;ame four pence in form afore&s;aid denyed at <HI>L.</HI> afore&s;aid, in the afore&s;aid place in which, <HI>&amp;c.</HI> The &s;ame time in which, <HI>&amp;c.</HI> did take, <HI>&amp;c.</HI> as it was lawful for him: And this, <HI>&amp;c.</HI></P>
<P>And the &s;aid Plaintiff &s;aith, That by any thing, <HI>&amp;c.</HI>
<NOTE PLACE="marg">Replication by prote&s;tation No Fair.</NOTE> ought not to be barred, becau&s;e by Prote&s;tation that the &s;aid Lord <HI>D.</HI> and all tho&s;e who&s;e E&s;tate he hath, and at the afore&s;aid time in which, <HI>&amp;c.</HI> had in the Mannor afore&s;aid, with the Appurtenances, from the time of the con|trary whereof the memory of men is not extant, have not been u&s;ed and accu&s;tomed, to have and to hold within the Mannor afore&s;aid (that is to &s;ay) in the afore&s;aid Town of <HI>K.</HI> a certain Fair every year, in the Even of the Fea&s;t of Saint <HI>L.</HI> and by two days then next following to continue to be held, as to the Mannor afore&s;aid with the Appurtenan|ces belonging, as the afore&s;aid <HI>W.</HI> hath above alledged, for Plea he &s;aith, That the afore&s;aid <HI>W.</HI> the day and year afore&s;aid, by force and arms of his own wrong, the afore&s;aid four yards of Linnen Cloth of him the &s;aid <HI>R.</HI> at <HI>K.</HI> afore&s;aid found, did take and carry away, as, <HI>&amp;c.</HI> doth complain; without this, That the afore&s;aid Lord <HI>D.</HI> and all tho&s;e who&s;e E&s;tate he the &s;aid Lord <HI>D.</HI> hath,
<NOTE PLACE="marg">Traver&s;e the right of Toll.</NOTE> and the afore&s;aid time of the Tre&s;pa&s;s afore&s;aid made, had in the Mannor afore&s;aid, with the Ap|purtenances, from the whole time afore&s;aid have had, received, and ought to receive at every Fair, <HI>&amp;c.</HI> And this, &amp;c. And I&s;&s;ue thereupon, <HI>Trin.</HI> 7 <HI>Jac. Rot.</HI> 1016.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="180" REF="93">
<P>THat whereas according to the Law and Cu&s;tom of this Nation of <HI>E.</HI>
<NOTE PLACE="marg">For keeping a Dog u&s;ing to bite Sheep.</NOTE> every man is always bound &s;afely and &s;ecurely to keep his Cattel and Chattels, le&s;t by &s;uch like Cattel, living Creatures and Chat|tels, Damage may any ways happen to his Neighbors, yet the &s;aid De|fendant at <HI>W.</HI> afore&s;aid, knowingly did keep a certain Dog accu&s;tomed to bite Sheep, and &s;o negligently and unduly did keep that Dog, that the &s;aid Dog did bite and kill twenty Lambs of him the &s;aid Plaintiff, of the price of ten pounds, at <HI>W.</HI> in the County afore&s;aid found, and, <HI>&amp;c.</HI> The Defendant pleaded Not guilty, <HI>Trin.</HI> 17 <HI>Hen.</HI> 8. <HI>Rot.</HI> 365.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>WHerefore by force and arms he did throw down the Hedg of him the &s;aid <HI>A.</HI>
<NOTE PLACE="marg">For breaking a dead Hedg.</NOTE> at <HI>B.</HI> lately &s;et up, and did take and carry a|way, and the dead Wood of that Hedg, to the value of forty &s;hil|lings, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Kent.</HI>
<NOTE PLACE="marg">For pulling up Ro&s;mary and Lavender.</NOTE> <HI>&s;&s;.</HI> Tre&s;pa&s;s, Wherefore by Force and Arms he broke the Clo&s;e of the &s;aid Plaintiff, <HI>&amp;c.</HI> and his Trees (that is to &s;ay) twenty Cherry-trees, and his Herbs (that is to &s;ay) two Ro&s;e|mary Beds, and half a Bed of Lavender there lately growing, did pull up by the roots; and the Defendant to part of the Tre&s;pa&s;s pleadeth Not guilty, and to the re&s;idue, an agreement in the County of <HI>Kent,</HI> and the Plaintiff demurs in Law, and the <HI>Ni&s;i prius</HI> tryed before the Demurrer in Law, and the Jurors a&s;&s;e&s;s Damages, <HI>De bene e&s;&s;e,</HI> upon the matter in Law conditionally.</P>
<P>A Verdict was thereupon, but no Judgment given thereof, <HI>H.</HI> 4. <HI>H.</HI> 6. <HI>Rot.</HI> 403.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid Defendant,
<NOTE PLACE="marg">Ju&s;tification for taking of Cattel upon an amerci|ament in a Hun|dred Court.</NOTE> by <HI>D.</HI> his Attorney, cometh and de|fendeth the Force and Injury, when, <HI>&amp;c.</HI> And as to the coming with Force and Arms Not guilty, <HI>&amp;c.</HI> And as to the re&s;idue, <HI>&amp;c.</HI> he ought not to have his Action, <HI>&amp;c.</HI> becau&s;e as to the taking and leading away of one Heifer of the &s;aid two Heifers, the &s;ame Defendant faith, That <HI>E. G.</HI> &amp;c. long before the &s;aid time in which it is &s;uppo&s;ed the Tre&s;pa&s;s afore&s;aid to be done, and at the &s;ame time in which, <HI>&amp;c.</HI> was and yet is &s;eized of the Hundred of <HI>B.</HI> in the &s;ame County in her De|me&s;n as of Fee, in right of her Mona&s;tery afore&s;aid, and that &s;he the &s;aid Abbe&s;s, and all her Predece&s;&s;ors, Abbe&s;&s;es of the &s;ame Mona&s;tery,
<PB N="181" REF="93">time out of minde were &s;eized of the afore&s;aid Hundred in their De|me&s;n as of Fee in right of their Mona&s;tery afore&s;aid, and the &s;ame Ab|be&s;s, and all her Predece&s;&s;ors afore&s;aid, had, and were u&s;ed to have, within the Precinct of the &s;ame Hundred, a certain Turn yearly before the Steward of the &s;aid Abbe&s;s of that Hundred, for the time being to be held: And the &s;ame Defendant &s;aith, That the afore&s;aid Plaintiff, long before the &s;aid time in which, <HI>&amp;c.</HI> was and yet is &s;eized of one Acre of Land, with the Appurtenances, in <HI>G.</HI> afore&s;aid, within the Pre|cinct of the &s;aid Hundred, adjoyning to a Pond in the publique High|way there in his Deme&s;n as of Fee, and the &s;ame Plaintiff, and all tho&s;e who&s;e E&s;tate he hath in the &s;ame Acre of Land, with the appurtenances, time out of minde were u&s;ed and accu&s;tomed to repair, hold up, and maintain the Pond afore&s;aid: And the &s;ame Defendant &s;aith, That at the Court of the Sheriffs Turn of her the &s;aid Abbe&s;s, of her Hundred afore&s;aid,
<NOTE PLACE="marg">Pre&s;ented by the Jury at the Sheriffs Turn.</NOTE> at <HI>J.</HI> within the Precinct of that Hundred (&s;uch a day and year) before <HI>T. S.</HI> then Steward of the &s;aid Abbe&s;s of her Turn afore|&s;aid held, by the Oath of twelve Jurors it was then pre&s;ented, That the afore&s;aid Plaintiff then had a certain Pond lying in the publique High-way at <HI>G.</HI> afore&s;aid, within the Precinct of the &s;ame Hundred, very ruinous and unrepaired, to the common annoyance of all the peo|ple of this Nation there pa&s;&s;ing by, for which it was then con&s;idered in the &s;ame Court by the afore&s;aid <HI>T.</HI> then Steward of the &s;aid Abbe&s;s of the Hundred afore&s;aid, that the &s;ame Plaintiff &s;hould be thereof a|merced;
<NOTE PLACE="marg">Amerciament.</NOTE> by rea&s;on of which that Amerciament by the Affeerors of the &s;ame Court (that is to &s;ay) <HI>A.</HI> and <HI>B.</HI> then and there was affeered to three &s;hillings; and becau&s;e the &s;ame three &s;hillings for the &s;ame amer|ciament, at the &s;aid time in which <HI>&amp;c.</HI> were behinde, and yet are un|payd to the &s;aid Abbe&s;s, the &s;ame Defendant, as Servant of the &s;aid Ab|be&s;s, and by her command, at the afore&s;aid time in which, <HI>&amp;c.</HI> did break and enter the Clo&s;e afore&s;aid, within the Precinct of the Hundred a|fore&s;aid being, and the &s;ame Heifer by the name of Di&s;tre&s;s for the A|merciament afore&s;aid, &s;o being behinde then there found, did take and lead away, as it was lawful for him: And this, <HI>&amp;c.</HI> Judgment if Acti|on, <HI>&amp;c.</HI> And as to the taking and leading away of the other Heifer of the afore&s;aid two Heifers, the &s;ame Defendant &s;aith, That at the Court of the Sheriffs Turn of the &s;aid Abbe&s;s of her Hundred afore&s;aid,
<NOTE PLACE="marg">Another amer|ciament.</NOTE> at afore&s;aid (&s;uch a day and year) before, <HI>&amp;c.</HI> held by the Oath of twelve, <HI>&amp;c.</HI> then likewi&s;e was pre&s;ented, <HI>&amp;c.</HI> (as above until the&s;e words) And this, <HI>&amp;c.</HI> Judgment if, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Plaintiff &s;aith, That he ought not to be barred,
<NOTE PLACE="marg">Traver&s;eth the pre&s;cription.</NOTE> <HI>&amp;c.</HI> becau&s;e he &s;aith, That before the Tre&s;pa&s;s he was po&s;&s;e&s;&s;ed of the Heifers, as of his proper Goods, until the Defendant made the Tre&s;|pa&s;s, and traver&s;eth the Pre&s;cription, and the Defendant &s;aith as be|fore: Therefore twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="182" REF="94">
<P><HI>South.</HI>
<NOTE PLACE="marg">Ju&s;tification for taking a Hor&s;e in the name of a Di&s;tre&s;s for Toll by rea&s;on of a Market, and prayeth ayd of the King.</NOTE> <HI>&s;&s;.</HI> WHen, &amp;c. and as to the coming with force and arms not guilty, and as to the re&s;idue, his Action ought not, &amp;c. becau&s;e he &s;aith, That the Town of <HI>Newport</HI> in the I&s;le of <HI>Wight,</HI> in which it is &s;uppo&s;ed the Tre&s;pa&s;s afore&s;aid to be done, is, and at the afore&s;aid time in which it is &s;uppo&s;ed the Tre&s;pa&s;s afore&s;aid to be done, was an ancient Burrough incorporated by the name of the Bay|liffs and Burge&s;&s;es of the Town of <HI>N.</HI> and that the Bayliffs and Bur|ge&s;&s;es of the &s;aid Town of <HI>N.</HI> are, and from the time of the contrary; whereof the memory of men is not extant,
<NOTE PLACE="marg">The corporation of the Village.</NOTE> were &s;eized of the afore&s;aid Town of <HI>N.</HI> in their Deme&s;n as of Fee, and that the &s;ame Bayliffs and Burge&s;&s;es of the Town afore&s;aid, and all their predece&s;&s;ors have, and from the time of the contrary whereof in the memory of men is not extant, have had, and were accu&s;tomed to have in the Town afore&s;aid, a certain Market on <HI>Saturday,</HI>
<NOTE PLACE="marg">Pre&s;cription of a Market.</NOTE> weekly by the whole year, to be held to endure every year: By rea&s;on of which &s;aid Market, the &s;aid Bayliffs and Burge&s;&s;es of the &s;aid Town of <HI>N</HI> and all their Precede&s;&s;ors, a|mong&s;t other things, have had, and from the whole time afore&s;aid were accu&s;tomed to have the Toll of, and for all Merchandizes and Wares, for the whole Market afore&s;aid, in the &s;aid Market being, or el&s;ewhere within the I&s;le afore&s;aid &s;old (that is to &s;ay) of and for every hundred Sheep thither brought to be there &s;old, four pence, and for every Cow there &s;old a half peny, and that the afore&s;aid Bayliffs and Burge&s;&s;es and all their predece&s;&s;ors, Bayliffs and Burge&s;&s;es of the Town afore&s;aid, from the whole time afore&s;aid, for not payment of the Sums afore&s;aid, were u&s;ed to de&s;train the Merchandizes and Wares,
<NOTE PLACE="marg">Pre&s;cription to di&s;train.</NOTE> Goods, and Chattels of the Buyers thereof, in the afore&s;aid Town being; and moreover the afore&s;aid Bayliffs and Burge&s;&s;es &s;ay, That the afore&s;aid Bayliffs and Bur|ge&s;&s;es of the Town afore&s;aid do hold, and all their Predece&s;&s;ors, time out of minde have held the &s;ame Town, with the Market afore&s;aid of <HI>N.</HI>
<NOTE PLACE="marg">The Village held of the King in Fec|farm.</NOTE> of the now Lord the King, and of his Progenitors in Fee Farm, rendering for the &s;ame yearly to the &s;aid now Lord the King and his Heirs, twenty four pounds, at the Fea&s;ts, &amp;c. by equal proportions year|ly to be payd; and the afore&s;aid Defendants &s;ay, That at the &s;ame time in which it is &s;uppo&s;ed the Tre&s;pa&s;s afore&s;aid to be done, the afore&s;aid Defendants were Bayliffs of the Town afore&s;aid, and further &s;ay, That the afore&s;aid Plaintiff, the &s;aid time in which, &amp;c. bought a hundred Sheep and two Cows, of a certain man unknown, the &s;ame time in which, &amp;c. in the &s;ame Market: And becau&s;e the afore&s;aid Plaintiff, although often required, hath not payd to the &s;aid Defendants then Bayliffs of the Town afore&s;aid, nor either of them, four pence for the Toll of the afore&s;aid hundred Sheep, and one peny for the Toll of the &s;aid Cows, the &s;aid Defendants, the &s;aid time in which, &amp;c. being then Bayliffs of the &s;aid Town of <HI>N.</HI> did take and lead away
<PB N="183" REF="94">the afore&s;aid Hor&s;e of him the &s;aid Plaintiff, in the name of Di&s;tre&s;&s;e, as it was lawfull for them, which is the &s;ame taking, whereof, <HI>&amp;c.</HI> and this they are ready, <HI>&amp;c.</HI> Whereupon they do not expect that the Ju&s;tices here will further proceed thereof uncoun&s;elled from the Lord the King, and pray they may have ayd from him the &s;aid now Lord the King, <HI>&amp;c.</HI> And hereupon day is given as well to the afore&s;aid Plaintiff, as to the &s;aid Defendants,
<NOTE PLACE="marg">Aid from the King.</NOTE> here untill fifteen days after <HI>Ea&s;ter:</HI> And it is &s;aid to the &s;aid Defendants, That in the mean time they may pro&s;ecute for him the &s;aid now Lord the King, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>B&V;ck.</HI> &s;&s;. When, <HI>&amp;c.</HI> And as to the coming with force and arms,
<NOTE PLACE="marg">Ju&s;tification by vertue of a Re|covery in a Writ of Right Clo&s;e in An|cient Deme&s;ne.</NOTE> and al&s;o the whole Tre&s;pa&s;&s;e afore&s;aid, except the breaking of the Hou&s;e afore&s;aid, and taking and carrying away of two quarters and three mea&s;ures of <HI>Beans,</HI> of the goods and chattells afore&s;aid, the &s;ame Defendants &s;ay, That they are not thereof guilty, <HI>&amp;c.</HI> And as to the breaking of the Hou&s;e afore&s;aid, and the taking of the afore&s;aid two quarters of <HI>Beans;</HI> the &s;ame Defendants &s;ay, That the afore&s;aid Plaintiff his Action ought not, <HI>&amp;c.</HI> Becau&s;e they &s;ay,
<NOTE PLACE="marg">Recovery in ancient De|me&s;ne at the Court held be|fore the Sheriff and Suitors.</NOTE> That formerly, in the Court of <HI>J. W.</HI> Knight, holden at <HI>B.</HI> in the County afore&s;aid, before <HI>J. O.</HI> then Bailiff of the &s;aid <HI>J. W.</HI> of his Mannor of <HI>B</HI> in the &s;ame County, and the Suitors of the &s;ame Court, according to the cu&s;tom of the &s;ame Mannor, on Monday the twenty &s;ixth day of <HI>N.</HI> in the year, <HI>&amp;c.</HI> came the afore&s;aid De|fendants in their proper per&s;ons, and in that full Court exhibited to the &s;aid Bailiff a Writ of the Lord the King, of right clo&s;e, of the date of the tenth day of <HI>N</HI> in the year, <HI>&amp;c.</HI> to the &s;ame Bailiff directed; by which &s;ame Writ, it was commanded to the &s;ame Bailiff, that he &s;hould hold full right to the &s;aid Defendants, by the names, <HI>&amp;c.</HI> Of ten Me&s;&s;nages, <HI>&amp;c.</HI> which <HI>W. C.</HI> had deforced them of, that the King might not hear further claim thereof for want of Right,
<NOTE PLACE="marg">Prote&s;tation to pro&s;ecute the Writ of Right Clo&s;e in the na|ture of an A&s;|&s;ize at the Com|mon Law.</NOTE> where|upon the afore&s;aid <HI>R.</HI> and <HI>M.</HI> according to the cu&s;tom of the Mannor afore&s;aid, did make prote&s;tation to follow their Writ afore|&s;aid, in the form and nature of a Writ of A&s;&s;ize of new di&s;ei&s;&s;in at the Common Law, by complaining that the afore&s;aid <HI>W.</HI> unju&s;tly and without Judgement had di&s;&s;eized them of their Free-hold (that is to &s;ay) of the Tenements afore&s;aid, with the Appurtenances in <HI>B.</HI> after the tran&s;portation of King <HI>Henry,</HI> Son of King <HI>John.</HI> And they found Pledges of pro&s;ecuting the Writ afore&s;aid, (that is to &s;ay) <HI>A.</HI> and <HI>B.</HI> and prayed proces thereof to be made again&s;t the afore&s;aid <HI>W. G.</HI> according to the cu&s;tom of the Mannor afore|&s;aid, by which, according to the cu&s;tom of that Mannor, it was commanded to <HI>E. D.</HI> Under-Bailiff of the &s;ame Mannor, and Mi|ni&s;ter of the Court afore&s;aid, that he &s;hould cau&s;e the Tenements
<PB N="184" REF="95">afore&s;aid, with the Appurtenances, to be re-&s;eized of the Chattells which were taken in them, and tho&s;e Tenements, with the Chattels, to be in peace untill the next Court of the Mannor afore&s;aid, (&s;uch a day) then next to come, before the &s;aid Bailiff of the Mannor afore|&s;aid, and the Suitors of the Court afore&s;aid, according to the cu&s;tom of the &s;ame Mannor there to be held. And in the mean time, he &s;hould cau&s;e twelve free and lawfull men of the Neighbourhood of that Man|nor, within the Precinct of the &s;ame Mannor, to view the Tenements afore&s;aid, and to inbreviate their names of the &s;ame: And that he &s;hould &s;ummon them by good Summoners, that they &s;hould then be there before the afore&s;aid Bailiff and Suitors, ready to make acknow|ledgement thereof, <HI>&amp;c.</HI> and that he &s;hould put by Surety and &s;afe Pledges the afore&s;aid <HI>W. G.</HI> or his Bailiff if he &s;hould not be found, that they &s;hould then be there to hear that acknowledgement, <HI>&amp;c.</HI> At which &s;aid Court,
<NOTE PLACE="marg">The return of the Precept.</NOTE> holden before the afore&s;aid <HI>J. D.</HI> Bailiff of the Man|nor afore&s;aid, and Suitors of the &s;ame Court, according to the cu&s;tom of the Mannor afore&s;aid there, on the afore&s;aid Monday came the afore&s;aid <HI>R.</HI> and <HI>M.</HI> in their proper per&s;ons, and they did complain, that the afore&s;aid <HI>W. G.</HI> had di&s;&s;eized them of their Freehold in <HI>B.</HI> after that, <HI>&amp;c.</HI> that is to &s;ay, of the Tenements afore&s;aid, with the Appurtenan|ces, and the afore&s;aid <HI>W. G.</HI> &s;olemnly required, came not, and the afore|&s;aid Under-Bailiff returned before the afore&s;aid Bailiff &amp; Suitors there, a pannell of the names of the Recognitors, <HI>&amp;c.</HI> and further did te&s;tifie, that tho&s;e Recognitors, namely, <HI>A. B.</HI> and <HI>C. D.</HI> were mainprized by <HI>R. M.</HI> and <HI>A. M.</HI> And that the afore&s;aid <HI>W.</HI> had nothing within the Precinct of the Mannor afore&s;aid by which he could be attached, neither was found within that Precinct;
<NOTE PLACE="marg"><GAP DESC="illegible" RESP="KEYERS" EXTENT="1 span"> by default.</NOTE> neither had any Bailiff, <HI>&amp;c.</HI> by which it was con&s;idered of, that the A&s;&s;ize afore&s;aid &s;hould be taken again&s;t him by default, <HI>&amp;c.</HI> wherereupon the Recognitors required, came, who, to &s;ay the truth, concerning the Premi&s;es, elected, tried, and &s;worn, &s;aid upon their Oaths, that the afore&s;aid <HI>R.</HI> and <HI>M.</HI> were &s;eized of the Tenements afore&s;aid, with the Appurtenances, as of Free-hold, untill the afore&s;aid <HI>W. G.</HI> unj&s;tly, and without Judgement, but not with force nor arms did di&s;&s;eize them,
<NOTE PLACE="marg">Te Jury found for the Plaintiff in the A&s;&s;ize.</NOTE> the Recognitors by the Court then there being in|quired of, if the &s;aid <HI>W.</HI> or any of his Ance&s;tors, had peaceably con|tinued their po&s;&s;e&s;&s;ion in the Tenements afore&s;aid, with the Appur|tenances, by three years next before the afore&s;aid Day of the i&s;&s;uing forth of that writ of A&s;&s;ize, or no; who &s;aid, no. They al&s;o being inquired of, how long time was then pa&s;t from the time of that di&s;&s;ei&s;in made, they &s;aid, That that di&s;&s;eizin was made, (&s;uch a day and year) they al&s;o being inquired of, if the Tenements afore&s;aid from the time of that di&s;&s;eizin, untill the afore&s;aid time of the i&s;&s;uing forth of the Writ afore&s;aid by force and arms were held or no;
<NOTE PLACE="marg">Judgment.</NOTE> they &s;aid, no. And here|upon the afore&s;aid <HI>R.</HI> and <HI>M.</HI> pray Judgment upon the Verdict afore|&s;aid, <HI>&amp;c.</HI> By which it was con&s;idered, that the &s;ame <HI>R.</HI> and <HI>M.</HI> &s;hould
<PB N="185" REF="95">recover their Seizin of the Tenements afore&s;aid, by view of the Re|cognitors of the A&s;&s;ize afore&s;aid; and that the afore&s;aid <HI>W. G.</HI> &s;hould be taken; and they the &s;aid <HI>R.</HI> and <HI>M.</HI> &s;ay, that the Hou&s;e afore&s;aid in the Declaration afore&s;aid &s;pecified, is, and the time of the Tre&s;pa&s;s afore|&s;aid &s;uppo&s;ed to be done, was parcell of the Me&s;&s;uage afore&s;aid,
<NOTE PLACE="marg">One of the &s;ame per&s;on.</NOTE> and that the &s;ame <HI>W. G.</HI> now Plaintiff, and the afore&s;aid <HI>W. G.</HI> in the &s;aid Writ of Right, Clo&s;e and Recovery afore&s;aid named, are one and the &s;ame per&s;on, and not divers per&s;ons; and that the &s;ame <HI>W. G.</HI> the afore|&s;aid day of the i&s;&s;uing forth of the &s;ame Writ of Right, and the time of the &s;ame Judgment upon the &s;ame Writ rendred was Tenant of the Tenements afore&s;aid, as of Free hold, and likewi&s;e,
<NOTE PLACE="marg">Averment that the Plantiff was Tenant.</NOTE> that by vertue of the Recovery afore&s;aid, the afore&s;aid <HI>R.</HI> and <HI>M.</HI> at the time of the Tre&s;|pa&s;s afore&s;aid &s;uppo&s;ed to be done, did enter into the Tenements afore|&s;aid, with the Appurtenances, and were &s;eized in their Deme&s;ne, as of Fee, and for that, that the afore&s;aid two quarters of <HI>Beans</HI> at the &s;ame time were in tho&s;e Tenements, with the Appurtenances,
<NOTE PLACE="marg">Doing damage.</NOTE> doing da|mage, the &s;ame <HI>R.</HI> and <HI>M.</HI> the &s;aid time in which, <HI>&amp;c.</HI> took and carried them away, as, <HI>&amp;c.</HI> which &s;aid Entrie, by vertue of the Re|covery afore&s;aid, the taking and carrying away, are the &s;ame taking and carrying away of the afore&s;aid two quarters of <HI>Beans;</HI> Where|of, <HI>&amp;c.</HI> all and every which things, they the &s;aid <HI>R.</HI> and <HI>M.</HI> are ready to aver; whereupon they pray Judgment, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>W. G.</HI> &s;aith, That he,
<NOTE PLACE="marg">Replication.</NOTE> by any thing before alledged from having his Action afore&s;aid, again&s;t the &s;aid <HI>R.</HI> and <HI>M.</HI> as to the breaking of the Hou&s;e afore&s;aid; and the taking and carrying away of the afore&s;aid two quarters of <HI>Beans,</HI> ought not to be precluded, be|cau&s;e he &s;aith, That the &s;aid Denfendants, the day and year afore&s;aid, in his Declaration afore&s;aid above &s;pecified,
<NOTE PLACE="marg">Traver&s;e of the Recovery.</NOTE> by force and arms of their own wrong, <HI>&amp;c.</HI> made the Tre&s;pa&s;s, as, <HI>&amp;c.</HI> Without this, That by ver|tue of the afore&s;aid Writ of Right Clo&s;e, and the Proces thereupon made, it was con&s;idered, that the afore&s;aid <HI>R.</HI> and <HI>M.</HI> &s;hould recover their &s;eizin of the Tenements afore&s;aid, with the Appurtenances, again&s;t him the &s;aid <HI>W.</HI> as the afore&s;aid <HI>R.</HI> and <HI>M.</HI> have above alledged; and this, <HI>&amp;c.</HI> whereupon, out of which, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R.</HI> and <HI>M.</HI> &s;ay,
<NOTE PLACE="marg">Rejoy<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">der.</NOTE> That by vertue of the afore|&s;aid Writ of Right Clo&s;e, and the Proces thereupon made, it was con&s;idered, That the &s;ame <HI>R.</HI> and <HI>M.</HI> &s;hould recover their &s;eizin of the Tements afore&s;aid, with the Appurtenances, again&s;t the afore&s;aid <HI>W. G.</HI> in manner and form, as they have above alledged, and of this they put, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>W. <HI>G. R. G.</HI> and <HI>W. M.</HI> to an&s;wer <HI>R. W.</HI> and <HI>D.</HI> his wife of a Plea,
<NOTE PLACE="marg">For re&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">uing a Di&s;tre&s;&s;e taken for an A<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nuity.</NOTE> wherefore, whereas they the &s;aid <HI>R.</HI> and <HI>D.</HI> in a certain Tene|ment of him the &s;aid <HI>W. G.</HI> at <HI>R.</HI> for a certain yearly Rent by the Te&s;ta|ment
<PB N="186" REF="96">of one <HI>R. M.</HI> decea&s;ed bound to the Di&s;tre&s;s of her the &s;aid <HI>D.</HI> for the Rent afore&s;aid, being behinde, certain Cattell of him the &s;aid <HI>W. M.</HI> had taken, and them, by the name of Di&s;tre&s;s, according to the Law and Cu&s;tom of this Common-wealth of <HI>England,</HI> would have impounded, the afore&s;aid Defendants the Cattell afore&s;aid, from the &s;aid <HI>R.</HI> and <HI>D.</HI> by force and arms, did take away, and other Enor|mities, <HI>&amp;c.</HI> And whereupon, <HI>&amp;c.</HI> complain, that whereas one <HI>R. M.</HI> decea&s;ed, was &s;eized in his Deme&s;ne, as of Fee, of, and in three acres of Land, with the Appurtenances, in <HI>A.</HI> in the County afore&s;aid, and held the &s;ame in Free-Socage, and the &s;aid <HI>R. M.</HI> being &s;o thereof &s;eized (&s;uch a day and year) at <HI>R.</HI> afore&s;aid, made his Te&s;tament and la&s;t Will in writing, and by his &s;ame Will, willed and bequeathed to the laid <HI>D.</HI> then his wife, and her A&s;&s;igns, for and during the term of the naturall life of her the &s;aid <HI>D.</HI> a certain annuity or yearly rent of fourty pounds of lawfull money of <HI>England,</HI> i&s;&s;uing from and out of the afore&s;aid three acres of Land, with the Appurtenances, by the name of all the Land, Tenements, and Here|ditaments of him the &s;aid <HI>R. M.</HI> with the Appurtenances, in the &s;aid County of <HI>L.</HI> at the Fea&s;ts, <HI>&amp;c.</HI> yearly by equall portions to be paid, and the &s;ame <HI>R.</HI> by his &s;ame Will, willed and bequeathed, that if the afore&s;aid annuity or yearly Rent of ten pounds, at any Fea&s;t of the afore&s;aid Fea&s;ts, in which, (as afore&s;aid) it ought to be paid, &s;hould happen to be behinde, that then it &s;hould be lawfull for the afore&s;aid <HI>D,</HI> and her A&s;&s;ignes, into the afore&s;aid three acres of Land, with the Appurtenances, to di&s;train, and the di&s;tre&s;s thereof &s;o taken, and found lawfully to take away, impound, and retain, untill the &s;ame <HI>D.</HI> and his A&s;&s;ignes, of the annuity or yearly Rent afore&s;aid, with all arrerages thereof, if any &s;hould be, &s;hould be fully &s;atisfied thereof, and afterwards, (that is to &s;ay) (&s;uch a day and year) the &s;ame <HI>S. M.</HI> at <HI>R.</HI> afore&s;aid, died, after who&s;e death, the afore&s;aid <HI>D</HI> was &s;eized of the &s;aid annuity or yearly Rent of ten pounds in her Deme&s;ne, as of Free-hold for the term of her life; and being thereof &s;o &s;eized, afterwards, (that is to &s;ay) (&s;uch a day and year) took to Husband the afore&s;aid <HI>R. W.</HI> by which the &s;ame <HI>R.</HI> and <HI>D.</HI> in right of her the &s;aid <HI>D.</HI> were, and yet are &s;eized of the annuity or yearly Rent afore&s;aid, in their Deme&s;ne, as of Free-hold for the term of the life of her the &s;aid <HI>D.</HI> and being thereof &s;o &s;eized, for that the yearly Rent afore&s;aid was behinde at the Fea&s;t, <HI>&amp;c.</HI> Which was (in &s;uch a year) and yet is behinde, they the &s;aid <HI>R.</HI> and <HI>D.</HI> at <HI>R.</HI> afore&s;aid, (that is &s;ay) into the afore&s;aid three acres of Land for the yearly Rent afore&s;aid, &s;o being behinde, certain Cattell, (that is to &s;ay) two Cows of him the &s;aid <HI>W. M:</HI> to the value of twenty pounds, (&s;uch a day and year) had taken, and the Cattell afore&s;aid by the name of Di&s;tre&s;s there according to the Law and cu&s;tom of this Common-wealth of <HI>E.</HI> would have de|tained the &s;aid Defendant tho&s;e Cattell by force and arms, (that is
<PB N="187" REF="96">to &s;ay) with Swords, <HI>&amp;c.</HI> then and there from the &s;aid <HI>R.</HI> and <HI>D.</HI> did take away, and other Enormities, <HI>&amp;c.</HI> not guilty pleaded to the Tre&s;|pa&s;s, and Re&s;cous as, <HI>&amp;c. Trin.</HI> 14 <HI>Jac. Rot.</HI> 2065.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>TRe&s;pa&s;s and A&s;&s;ault again&s;t <HI>A. H. S. H.</HI> and <HI>T. S.</HI> And the &s;aid Defendants, <HI>&amp;c.</HI> when,
<NOTE PLACE="marg"><HI>Not guilty, and not informed, and the</HI> Venire facias <HI>and Writ of inqui<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y awarded.</HI></NOTE> <HI>&amp;c.</HI> and the &s;ame Attorney of the &s;aid <HI>T.</HI> &s;aith, That he is not informed by the &s;aid <HI>T.</HI> his &s;aid Client, of giving any an&s;wer to the &s;aid Plaintiff in the Plaint afore&s;aid, and &s;aith no|thing el&s;e thereof, by which the &s;ame Plaintiff remaineth again&s;t the &s;aid Defendants thereof undefended; for which the &s;aid Plaintiff ought to recover again&s;t the &s;aid <HI>T.</HI> his damages by rea&s;on of the Tre&s;pa&s;s and A&s;&s;ault afore&s;aid, by the &s;aid <HI>T.</HI> made, <HI>&amp;c.</HI> And the afore&s;aid <HI>A.</HI> &amp; <HI>S.</HI> &s;ay that they are not guilty, <HI>&amp;c.</HI> and this, <HI>&amp;c.</HI> And the &s;aid Plaintiff likewi&s;e, therefore, as well to try, as well the i&s;&s;ue afore&s;aid between the afore&s;aid Plaintiff, and the &s;aid <HI>A.</HI> and <HI>S.</HI> above joyned, as to inquire what da|mages the &s;aid Plaintiff hath &s;u&s;tained by rea&s;on of the Tre&s;pa&s;s and A&s;&s;ault afore&s;aid by the &s;aid <HI>T.</HI> made, it is commanded the Sheriff, that he cau&s;e to come here, (&s;uch a day) twelve, <HI>&amp;c.</HI> And who nei|ther, <HI>&amp;c.</HI> To recognize, <HI>&amp;c;</HI> becau&s;e, as well, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>G. <HI>W.</HI> Gentleman, formerly in the Court of <HI>T. W.</HI> E&s;quire,
<NOTE PLACE="marg"><HI>Tre&s;pa&s;&s;e re|moved by</HI> Ac|cedas <HI>to the Court.</HI></NOTE> of his Mannor of <HI>W.</HI> in the County afore&s;aid, did complain again&s;t <HI>E. N.</HI> of a Plea of Tre&s;pa&s;s, <HI>&amp;c.</HI> which &s;aid Plaint, at the reque&s;t of the &s;aid <HI>G.</HI> is had here, at this day, (that is to &s;ay) in eight days of Saint <HI>M.</HI> by a Writ of the Keepers, of cau&s;ing the Plaint to be recorded, and now here, at this day, come as well the afore&s;aid <HI>G W.</HI> by <HI>R.</HI> his Attorney, as the &s;aid <HI>E.</HI> by <HI>A.</HI> his Attorney; and hereupon the afore|&s;aid <HI>G.</HI> doth complain again&s;t the &s;aid <HI>E.</HI> upon the Plea afore&s;aid, (that is to &s;ay) that the afore&s;aid <HI>E.</HI> (&s;uch a day and year) by force and arms, <HI>&amp;c.</HI> (as in others.)</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>W. To an&s;wer <HI>T.</HI> Admini&s;trator of the goods,
<NOTE PLACE="marg">For an Admi|ni&s;trator in Tre&s;pa&s;&s;e.</NOTE> <HI>&amp;c.</HI> of a Plea Wherefore by force and arms, the goods and chattells, which were, <HI>&amp;c.</HI> at <HI>N.</HI> lately found, did take, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>T.</HI> to whom Admini&s;tration of all the goods and chattells, which, <HI>&amp;c.</HI> by, <HI>&amp;c.</HI> (&s;uch a day and year) after the death of the &s;aid <HI>W.</HI> was committed by <HI>R.</HI> his Attorney, doth complain, <HI>&amp;c.</HI> And other Enormities, <HI>&amp;c.</HI> In delay of the Admini&s;tration of the goods and chattells afore&s;aid, and again&s;t the publike peace, whereupon he &s;aith, that he is, <HI>&amp;c.</HI> And he produceth here in Court the Letters of Admini&s;tration, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="188" REF="97">
<P>WHen,
<NOTE PLACE="marg">Ju&s;tification of &s;hooting an Arrow out of a Bow, again&s;t the wi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">l of the Defendant.</NOTE> <HI>&amp;c.</HI> as to the coming with force and arms not guilty; and as to the re&s;idue, his Action, <HI>&amp;c.</HI> ought not to have or main|tain, <HI>&amp;c.</HI> becau&s;e he &s;aith, That before the &s;aid time in which, <HI>&amp;c.</HI> and the time of the Tre&s;pa&s;s afore&s;aid above &s;uppo&s;ed to be done, the &s;ame <HI>G.</HI> was a &s;hooting with a certain Bow, called a Long Bow, a certain wager at bounds, called twelve &s;core Pricks, in a certain Field, called <HI>F.</HI> in the County of <HI>M.</HI> and that the &s;aid <HI>W.</HI> unawares, and negligently, did pa&s;s at the &s;aid time, in which, <HI>&amp;c.</HI> neer one of the &s;aid bounds in the &s;aid Field, and in that pa&s;&s;age, the &s;aid <HI>G.</HI> by mi&s;-fortune, and again&s;t the Will of him the &s;aid <HI>G.</HI> at the &s;ame time in which, <HI>&amp;c.</HI> with the Arrow of him the &s;aid <HI>G.</HI> him the &s;aid <HI>W.</HI> in his feet did &s;mite, and &s;o if any damage or evill to the &s;aid <HI>W.</HI> at the &s;aid time in which, <HI>&amp;c.</HI> happened, it was again&s;t the Will of him the &s;aid <HI>G.</HI> and by the proper negligence of him the &s;aid <HI>W.</HI> with|out this, that the &s;aid <HI>G.</HI> is guilty of the Tre&s;pa&s;s afore&s;aid, in <HI>London,</HI> afore&s;aid, as the &s;aid <HI>W.</HI> above complaineth again&s;t him: And this, <HI>&amp;c.</HI> Judgment, if, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>DEclaration in Tre&s;pa&s;&s;e,
<NOTE PLACE="marg"><HI>The Husband not guilty, the Wife in her own defence.</HI> M. 4 Jac. Rot. 1712.</NOTE> and a&s;&s;ault again&s;t the Husband and his Wife, <HI>&amp;c.</HI> and the &s;aid <HI>W.</HI> and <HI>F.</HI> come, <HI>&amp;c.</HI> when, <HI>&amp;c.</HI> And the &s;aid <HI>W.</HI> &s;aith, That he is in nothing guilty of the Tre&s;pa&s;s and A&s;&s;ault afore&s;aid, as, <HI>&amp;c.</HI> And of this, <HI>&amp;c.</HI> And the &s;aid <HI>W.</HI> and <HI>F.</HI> for the &s;ame <HI>F.</HI> his wife, as to the coming with force and arms, &s;aith, That the &s;ame <HI>F.</HI> is in nothing thereof guilty: And of this, <HI>&amp;c.</HI> And as to the re&s;idne of the Tre&s;pa&s;s and A&s;&s;ault afore&s;aid above &s;up|po&s;ed to be done, the &s;ame <HI>W.</HI> and <HI>F.</HI> for her the &s;aid <HI>F.</HI> &s;ay, That the &s;aid Plaintiff his Action, <HI>&amp;c.</HI> ought not, becau&s;e they &s;ay, That the afore&s;aid <HI>G.</HI> the day and year afore&s;aid, on her the &s;aid <HI>F.</HI> at, <HI>&amp;c.</HI> and her, <HI>&amp;c.</HI> By which the &s;ame <HI>F.</HI> her &s;elf, <HI>&amp;c.</HI> And this they the &s;aid <HI>W.</HI> and <HI>F.</HI> for her the &s;aid <HI>F.</HI> are ready to aver, where|upon they pray Judgment, if the &s;aid <HI>G.</HI> his Action afore&s;aid thereof again&s;t her ought to have, <HI>&amp;c.</HI></P>
<P>And the &s;aid Plaintiff &s;aith,
<NOTE PLACE="marg">Replication.</NOTE> <HI>&amp;c.</HI> ought not to be debarred; be|cau&s;e he &s;aith, That the afore&s;aid <HI>F.</HI> (&s;uch a day and year) afore|&s;aid, by force and arms, <HI>&amp;c.</HI> of her own wrong, and without the cau&s;e by them the &s;aid <HI>W.</HI> and <HI>F.</HI> for her the &s;aid <HI>F.</HI> above alledged on him the &s;aid <HI>G.</HI> at, <HI>&amp;c.</HI> as, <HI>&amp;c.</HI> And this he prayeth, <HI>&amp;c.</HI> And the &s;aid <HI>W.</HI> and <HI>F.</HI> for the &s;ame <HI>F.</HI> likewi&s;e: Wherefore as well to try that I&s;&s;ue as the &s;aid other I&s;&s;ue, between him the &s;aid <HI>G.</HI> as the afore&s;aid <HI>W.</HI> above joyned; it is commanded to the Sheriff, that he cau&s;e to come, <HI>&amp;c.</HI></P>
<PB N="189" REF="97">
<P>T. <HI>M.</HI> late, <HI>&amp;c.</HI> was attached to an&s;wer <HI>G. D.</HI> Clerk,
<NOTE PLACE="marg">Tre&s;pa&s;s and a&s;&s;ault brought by a Vicar for hindering of him to carry his Tythes an u&s;ua<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Way.</NOTE> Vicar of the Church of <HI>L.</HI> of a Plea, wherefore by Force and Arms him the &s;aid <HI>G.</HI> did hinder, whereby the free ingre&s;s in and by the Gleab Lands of the Rectory of the Church of <HI>L.</HI> to the tythable Lands of the Mannor of <HI>L.</HI> in <HI>L.</HI> afore&s;aid, and regre&s;s from the &s;ame to have, and his Tythes there being to his Vicarage of <HI>L.</HI> afore&s;aid, by the way by which the &s;ame <HI>G.</HI> and all his Predece&s;&s;ors of the Vicarage Church a|fore&s;aid, time out of minde, were u&s;ed to carry their Tythes, and on the Men and his Servants there did make an a&s;&s;ault, and them beat, wound, and evil-intreat; by which the &s;ame <HI>G.</HI> the &s;ervice of his Men and Servants afore&s;aid by a great time lo&s;t; And other Enormities, <HI>&amp;c.</HI> To the great Damage of the &s;aid <HI>G.</HI> and again&s;t the publique Peace, <HI>&amp;c.</HI> And whereupon, <HI>&amp;c.</HI> doth complain. That the afore&s;aid <HI>T.</HI> (&s;uch a Day and Year) by Force and Arms him the &s;aid <HI>G.</HI> whereby the free Egre&s;s, in and by the Gleab Lands of the Rectory of the Church of <HI>L.</HI> afore&s;aid, in <HI>L.</HI> afore&s;aid (that is to &s;ay) in certain Fields called the Valley, the Eleven Acres, the Par&s;onage Ya<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d in <HI>L.</HI> afore&s;aid, being the Gleab Lands of the &s;aid Rectory of <HI>L.</HI> afore&s;aid, to a certain Field call|ed the <HI>C.</HI> Field in <HI>L.</HI> afore&s;aid, being Tythable Land of the Mannor of <HI>L.</HI> afore&s;aid, in <HI>L.</HI> afore&s;aid, and Regre&s;s from the &s;ame to have, and his Tythes (that is to &s;ay) one Cart of Pea&s;e, to the value of a hun|dred &s;hillings there (that is to &s;ay) in the &s;aid Field called <HI>C.</HI> Field, be|ing to his Vicarage of <HI>L.</HI> afore&s;aid by the way in the Fields afore&s;aid called the Valley, the nine Acres, the Par&s;onage Yard, by which the &s;ame <HI>O.</HI> and all his Predece&s;&s;ors of the Vicarage of the Church afore|&s;aid, time out of minde were u&s;ed to carry their Tythes, did enter, and then and there with Swords, Staves, and Knives, on his Men and Ser|vants (that is to &s;ay) <HI>T. H. R. H.</HI> &amp;c. did make an a&s;&s;ault, and them beat, wound, and evil intreat, by which the &s;ame <HI>G.</HI> lo&s;t the Service of his Men and Servants for a great time (that is to &s;ay) from (&s;uch a Day) until &s;uch a Day and Year: And other Enormities, <HI>&amp;c. M.</HI> 4 <HI>Jac. Rot.</HI> 1408.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Surrey<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;&s;. THomas Hewet,</HI> E&s;q
<NOTE PLACE="marg">For re&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ing a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Herriot.</NOTE> complaineth of <HI>John Jordan</HI> in the cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> for that (that is to &s;ay) that whereas the &s;aid <HI>T.</HI> (&s;uch a Day and Year) was &s;eized in his De|me&s;n as of Fee (to wit) in ten Acres of Meadow, with the Appurtenan|ces, at <HI>C.</HI> in the County afore&s;aid, which one <HI>Ja. J.</HI> now decea&s;ed, Fa|ther of the &s;aid <HI>J.</HI> who&s;e Heir the &s;ame <HI>J.</HI> is, did hold of the &s;ame <HI>T.</HI> as of his Mannor of <HI>S.</HI> in the County afore&s;aid, by Fealty and the Rent of fourteen &s;hillings every year at the Fea&s;ts of, <HI>&amp;c.</HI> by equal por|tions to be payd, and by Service of doing Suit at the Court of him
<PB N="190" REF="98">the &s;aid <HI>T.</HI> of his Mannor afore&s;aid, from three weeks to three weeks at that Mannor yearly to be held, and al&s;o by the &s;ervice of rendering after the Death of any Tenant thereof dying &s;eized, the be&s;t Bea&s;t which was of &s;uch Tenant at the time of his Death, of which Services the &s;ame <HI>T.</HI> was &s;eized by the hands of the &s;aid <HI>James,</HI> as by the hands of his true Tenant (that is to &s;ay) of the Fealty and Suit of Court a|fore&s;aid, as of Fee and Right, and of the Rent and Herriot afore&s;aid, in his Deme&s;n as of Fee; which &s;aid <HI>James</HI> dyed thereof &s;eized (&s;uch a Day and Year) and at the time of his Death at <HI>C.</HI> afore&s;aid, was po&s;|&s;e&s;&s;ed of a certain Bullock, of the price of forty &s;hillings, which &s;aid Bullock was the be&s;t Bea&s;t of the &s;aid <HI>J.</HI> at the time of his Death, by which belonged to the &s;aid <HI>T.</HI> Herriot for the Cu&s;toms and Services (to wit) for the Herriot afore&s;aid after the Death of the &s;aid <HI>James:</HI> and the &s;ame <HI>T.</HI> by one <HI>S. B.</HI> and <HI>E. B.</HI> had cau&s;ed the &s;aid Bullock to be taken, and that Bullock there to be impounded, and in the name of Di&s;tre&s;s, according to the Law and Cu&s;tom of the Kingdom of the now Lord the King of <HI>England,</HI> for the Herriot afore&s;aid, would have detained; the afore&s;aid <HI>Ja. J.</HI> then and there (to wit) the &s;aid (&s;uch a Day and Year) by Force and Arms, <HI>&amp;c.</HI> at <HI>Charlewood</HI> afore&s;aid, did re&s;cue that Bullock, and keep that Bullock from the &s;aid <HI>S.</HI> and <HI>E.</HI> and other Enormities, <HI>&amp;c. Pa&s;ch.</HI> 18 <HI>Jac.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Kent &s;&s;. RIchard Potman</HI> Knight,
<NOTE PLACE="marg">For taking a Colt a Stray be|longing to a Keeper of a Hundred.</NOTE> doth complain of <HI>Richard Emp&s;on</HI> in the cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> for that (that is to &s;ay) that whereas the &s;ame <HI>R.</HI> (&s;uch a Day and Year) was, and yet is, Keeper of the Hundred of the Lord the King of <HI>M.</HI> in the County a|fore&s;aid, by means whereof the &s;ame <HI>R.</HI> ought, and hath been accu|&s;tomed to have, and all his Ance&s;tors Keepers of the Hundred of <HI>M.</HI> afore&s;aid, from the time of the contrary whereof the memory of men is not extant, have been accu&s;tomed to have all Strays within the Pre|cinct of that Hundred found, the afore&s;aid <HI>R.</HI> (&s;uch a Day and Year) above&s;aid at <HI>V.</HI> within the Precinct of the Hundred afore&s;aid, in the County afore&s;aid by force and arms, <HI>&amp;c.</HI> one Colt of the price of forty &s;hillings at <HI>V.</HI> afore&s;aid in the County afore&s;aid, and within the Pre|cinct of the Hundred afore&s;aid found, as a &s;tray Colt to him the &s;aid <HI>R.</HI> as Keeper of the Hundred afore&s;aid belonging, did take and carry a|way; and other Enormities to him he offered again&s;t the Peace, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THE Plaintiff doth complain,
<NOTE PLACE="marg">Tre&s;pa&s;s in a Warren, and ta+king away Co|wes, Partridges, &amp;c. and carry|ing away g<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ds.</NOTE> That the Defendant (&s;uch a Day and Year) by Force and Arms, <HI>&amp;c.</HI> the Clo&s;e of him the &s;aid <HI>W.</HI> at <HI>L.</HI> did break, and his Gra&s;s to the value, <HI>&amp;c.</HI> there lately growing, by walking with his Feet, did tread down and con&s;ume, and al&s;o the Free Warren of him the &s;aid <HI>W.</HI> at <HI>L.</HI> afore&s;aid, did enter, and in the
<PB N="191" REF="98">&s;ame without his Licen&s;e, and again&s;t his Will, did hunt, and the Hares (that is to &s;ay) <HI>&amp;c.</HI> Conies (that is to &s;ay) <HI>&amp;c.</HI> Phea&s;ants (that is to &s;ay) <HI>&amp;c.</HI> Partridges (that is to &s;ay) <HI>&amp;c.</HI> from the Warren afore&s;aid did take and carry away, and his Goods and Chattels, that is to &s;ay, <HI>&amp;c.</HI> to the value, <HI>&amp;c.</HI> there lately found, did take and carry away, the Tre&s;pa&s;s afore&s;aid, as, <HI>&amp;c.</HI> continuing, and other Enormities, <HI>&amp;c. Hill.</HI> 7 <HI>Jac. Rot.</HI> 1202.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>BOurn</HI> again&s;t <HI>Habord.</HI>
<NOTE PLACE="marg">Ju&s;tification in Tre&s;po&s;s for hunting a Bad|ger.</NOTE> And the &s;aid <HI>J. H.</HI> as to the whole Tre&s;pa&s;s afore&s;aid, in the afore&s;aid place called <HI>B.</HI> with the Appurtenances a&s;&s;igned newly above &s;uppo&s;ed to be, except the breaking of the Clo&s;e afore&s;aid, and digging of the &s;oil afore&s;aid, &s;aith, That he is not there|of guilty, and of this, <HI>&amp;c.</HI> likewi&s;e; and as to the breaking of the Clo&s;e afore&s;aid in the afore&s;aid Clo&s;e called <HI>B.</HI> a&s;&s;igned newly and the digging of the Soil afore&s;aid in the &s;ame Clo&s;e above &s;uppo&s;ed to be done, the &s;ame <HI>J. H.</HI> &s;aith, That his Action, <HI>&amp;c.</HI> ought not, be|cau&s;e he &s;aith, That within the afore&s;aid Clo&s;e called <HI>B.</HI> newly a&s;&s;igned, before the afore&s;aid time, in which, <HI>&amp;c.</HI> and al&s;o the &s;aid time in which, <HI>&amp;c.</HI> there were certain Earths and Dens, wherein Badgers and Foxes, being hurtful living Creatures, and which were wont u&s;ually to kill Sheep, Lambs, and &s;uch like living Creatures, profitable and nece&s;|&s;ary for the Food and Su&s;tentation of men, did trench and earth them|&s;elves: and the &s;ame <HI>J. H.</HI> further &s;aith, That he the afore&s;aid (&s;uch a Day and Year) in a certain Clo&s;e of Land, called <HI>A.</HI> in <HI>O.</HI> afore&s;aid, did finde the Trace of two Badgers, being hurtful Creatures, and which were u&s;ually accu&s;tomed to kill Lambs and Sheep, and other &s;uch like living Creatures as afore&s;aid, and the &s;ame Trace of the &s;aid Badgers &s;o found from the &s;aid Clo&s;e called <HI>A.</HI> into the afore&s;aid Clo&s;e called <HI>B.</HI> above newly a&s;&s;igned at the afore&s;aid time, in which, <HI>&amp;c.</HI> did follow and hunt, in which the &s;aid Clo&s;e a&s;&s;igned of new, the afore&s;aid two Badgers, the afore&s;aid time in which, <HI>&amp;c.</HI> in the &s;aid Trenches and Earths in the &s;ame Clo&s;e a&s;&s;igned of new, being, had intrenched and then earthed them&s;elves there, by which the &s;ame <HI>J. H.</HI> the afore&s;aid time in which, <HI>&amp;c.</HI> to kill and de&s;troy them &s;o under the Earth (as a|fore&s;aid) Trenching and Earthing in the Soyl afore&s;aid, in the &s;aid Clo&s;e called <HI>B.</HI> a&s;&s;igned anew, then and there did dig, and tho&s;e Badgers out of the Trenchings and Earthings afore&s;aid in the &s;aid Clo&s;e of new a&s;&s;igned, being at the &s;aid time in which, <HI>&amp;c.</HI> did dig, and them then and there did kill, de&s;troy, as it was lawful for him, which &s;aid follow|ing and hunting of the Badgers afore&s;aid, in form afore&s;aid made, and the digging of the Soyl afore&s;aid, in the &s;aid Clo&s;e called <HI>B.</HI> a&s;&s;igned anew, are the &s;ame breaking of the Clo&s;e afore&s;aid, and digging of the Soyl afore&s;aid, whereof the &s;aid <HI>J. B.</HI> again&s;t him the &s;aid <HI>J. H.</HI> above him&s;elf now complaineth: And this, <HI>&amp;c.</HI> Judgment if, <HI>&amp;c.</HI> ought, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="192" REF="99">
<P>THE Defendant,
<NOTE PLACE="marg">For hindering the Plaintiff from exerci&s;ing his Office of a Steward, gran|ted by Letters Patents.</NOTE> <HI>&amp;c.</HI> of a Plea, That whereas the Lady <HI>Elizabeth</HI> late Queen of <HI>England</HI> (&s;uch a Day and Year) at <HI>W.</HI> in the Coun|ty of <HI>M.</HI> by her Letters Patents, &s;ealed under the great Seal of <HI>England,</HI> did give and grant to the &s;ame Earl, from the time of the full age of him the &s;aid <HI>E.</HI> of one and twenty years to the Term, and for, and du|ring the whole term of the natural life of the &s;aid <HI>E.</HI> the Office of the Steward of the Lord&s;hips or Mannors of her the &s;aid late Queen of <HI>M.</HI> in the County afore&s;aid, and <HI>Bol&s;over</HI> and <HI>Hor&s;ley</HI> in the County of <HI>Derby,</HI> with the Vails and Fees to the &s;ame Office of ancient due and accu&s;tomed to have and yearly to receive the &s;aid Vails during the term afore&s;aid, of the I&s;&s;ues, Profits, Farms, and Rever&s;ions of the &s;aid Lord|&s;hips or Mannors by the hands of the Farmors, Receivers, or other Oc|cupiers of the &s;ame for the time being, at the Fea&s;t of Saint <HI>M.</HI> the <HI>A.</HI> and <HI>E.</HI> by equal portions; together, with all other Profits, Rights, Com|modities, Juri&s;dictions, Priviledges, Preheminencies, and Emoluments, from the &s;aid Office ari&s;ing, or in any manner pertaining; and whereas the &s;ame <HI>E.</HI> before the making of the &s;aid Letters Patents (that is to &s;ay, &s;uch a Day and Year) came to his full age of one and twenty years, and by vertue of the Letters Patents afore&s;aid, was &s;eized of the afore|&s;aid Office of Steward of the afore&s;aid Mannor of <HI>M</HI> as of his Free|hold for the term of his life, and that Office from the afore&s;aid (&s;uch a Day and Year) for one whole year then next following, well and faith|fully had exerci&s;ed and executed, and the Vails, Fees, and Profits, to the &s;aid Office of Steward of the Mannor of <HI>M.</HI> afore&s;aid from ancient time due and accu&s;tomed by the &s;ame time, had received and had, the afore&s;aid <HI>T.</HI> and <HI>C.</HI> machinating very much to grieve him the &s;aid <HI>E.</HI> and greatly to di&s;turb him the &s;aid <HI>E.</HI> of the Exerci&s;e and Execution of the afore&s;aid Office of Steward of the Mannor of <HI>M.</HI> afore&s;aid, and wholy to fru&s;trate and hinder him the &s;aid <HI>E.</HI> of the Vails, Fees, and Profits, which by rea&s;on of the Execution of that Office, he might and ought of right to have and receive, of their own wrong, without any Right or lawful Authority or Licen&s;e of him the &s;aid <HI>E</HI> (&s;uch a Day and Year) at <HI>M.</HI> afore&s;aid, the &s;aid Office of Steward of the &s;ame Man|nor of <HI>M.</HI> did exerci&s;e and execute, and from thence hitherto do exer|ci&s;e, execute, and occupy, and all and &s;ingular the Vails and Fees, Com|modities, and Profits to the &s;ame Office due, and by rea&s;on of the Ex|erci&s;e and Execution of the Office afore&s;aid, within the Mannor of <HI>M.</HI> afore&s;aid, of Right pertaining, have had and received to their proper u&s;e, and the &s;ame <HI>E.</HI> from exerci&s;ing tha<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Office within the &s;aid Man|nor of <HI>M.</HI> and the Vails, Fees, Commod<GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">s, and Profits to the &s;ame Office of Right pertaining, of Right have taken and received by Force and Arms, then and there did hinder, and yet do hinder, and other E|normities, <HI>&amp;c. Trin.</HI> 7 <HI>Jac. Rot.</HI> 2612.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="193" REF="99">
<P>AND the afore&s;aid <HI>R.</HI> and <HI>I.</HI> as to any Tre&s;pa&s;&s;e in the afore&s;aid piece of Land newly a&s;&s;igned above &s;uppo&s;ed to be done, &s;aith,
<NOTE PLACE="marg"><HI>Challenge to the Town for that, that it is within the Di&s;tre&s;s of the Plaintiffs and the</HI> Venire Fa|cias <HI>of the next Town without the Hundred.</HI></NOTE> that he is not guilty thereof, and of this, <HI>&amp;c.</HI> and the &s;aid <HI>Plaintiff</HI> like|wi&s;e. And hereupon the &s;ame <HI>T.</HI> &s;aith, that the afore&s;aid Town of <HI>E.</HI> is within the Hundred of <HI>S</HI> and within the Rape of <HI>Ha&s;ting</HI> in the County afore&s;aid, and that the &s;ame <HI>T.</HI> is Lord of the Rape afore&s;aid, and that the free Tenants within that Rape, are within the Di&s;tre&s;&s;e of him the &s;aid <HI>T. P.</HI> and that the Town of W. within the Hundred of <HI>E.</HI> in the County afore&s;aid, is the next Town to the &s;aid Rape of <HI>H.</HI> afore&s;aid next adjoyning, and for that cau&s;e the &s;ame <HI>T.</HI> prayeth the Writ of our Lord the King, of cau&s;ing to come twelve, <HI>&amp;c.</HI> to try the I&s;&s;ue afore&s;aid of the neighbourhood of W. afore&s;aid; and becau&s;e the &s;aid <HI>R.</HI> and <HI>I.</HI> this have not denyed, but have confe&s;&s;ed the &s;ame to be true, it is granted to him, <HI>&amp;c.</HI> Therefore it is commanded, &amp;c. twelve, <HI>&amp;c.</HI> of the Neighbourhood of W. afore&s;aid, &amp;c. <HI>Trin.</HI> 10. <HI>Jac. Rot.</HI> 1716.
<NOTE PLACE="marg"><HI>Replevin in the</HI> Detinet <HI>and</HI> Detinuit.</NOTE></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Tre&s;pa&s;s upon the Ca&s;e.</HEAD>
<P>G. <HI>B.</HI> E&s;quire,
<NOTE PLACE="marg">London. &s;&s;. <HI>A Declaration in Tre&s;pa&s;&s;e of the Ca&s;e again&s;t a common <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ar|rier for lo&s;&s;e of Goods delive|red to him.</HI></NOTE> complaines of <HI>Peter M.</HI> in the cu&s;tody of the Mar|&s;hall of the Mar&s;ha &s;eyes of our Lord the King, before our &s;aid Lord the King being, for that, (that is to &s;ay) Whereas the afore&s;aid <HI>P.</HI> (&s;uch a day and year) and long before, and alwaies after, hi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">herto was, and yet is a common Carryer, from the City of <HI>Exceter,</HI> in the Coun|ty of the &s;ame City, unto the City of <HI>London,</HI> and from the City of <HI>London</HI> unto the afore&s;aid City of <HI>Exceter:</HI> And the &s;am<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> <HI>P.</HI> the &s;ame day and year and long before, and continually after hitherto was u&s;ed and accu&s;tomed, by him&s;elf and his &s;ervants, upon the Hor&s;es of him the &s;aid <HI>P.</HI> to carry Goods and Chattels for any manner of per&s;ons, for a rea&s;onable and a lawful Stipend and Salary in that behalf there|fore to be paid; to be carryed to and from, and between the afore|&s;aid City of <HI>Exceter,</HI> and the afore&s;aid City of <HI>London</HI> according to a u&s;uall agreement and payment in that behalf to be mad and had. And whereas al&s;o, according to the Law and cu&s;tome of this Realm of <HI>England,</HI> all &s;uch like Common Carryers who do receive Goods and Chattels of any manner of per&s;ons &s;o to be carryed, for a rea|&s;onable and lawful Stipend and Salary therefore to be given or paid, are bound to keep and carry the &s;ame Goods and Chattels of &s;uch like per&s;ons &s;o received, without &s;poiling with-holding, or loo&s;ing of them: So that for, or by the default of &s;uch Common Carrier, no Damage &s;hould in any manner happen to &s;uch per&s;ons by carrying
<PB N="194" REF="100">of their Carriages: And whereas the afore&s;aid <HI>P.</HI> the (afore&s;aid &s;uch a day and year) at <HI>L.</HI> (that is to &s;ay) in the Pari&s;h, <HI>&amp;c.</HI> had taken up, on him to carry one Trunck fa&s;t locked, with divers Moneys, Goods and Chattels, of him the &s;aid <HI>G.</HI> to the value of a hundred Pounds in the &s;ame Trunck, then being, &s;afely and carefully from the afore&s;aid Ci|ty of <HI>Exceter,</HI> to, and unto the afore&s;aid City of <HI>London,</HI> and for a certain and u&s;ual Stipend, Salary, and Rate, for carrying of the &s;aid Trunck, Moneys Goods, and Chattels afore&s;aid, by the afore&s;aid <HI>G.</HI> to the afore&s;aid <HI>P.</HI> then afterwards to be paid: And whereas the afore&s;aid <HI>P.</HI> afterwards, to wit (Such a day and yeare afore&s;ad) at the City of <HI>Exceter</HI> afore&s;aid, received of him the &s;aid <HI>G.</HI> the Trunk afore&s;aid with the Moneys, Goods, and Chattels afore&s;aid, in the &s;ame Che&s;t then as afore&s;aid being locked, in Form afore&s;aid to be carryed: The afore&s;aid <HI>P.</HI> the Trunk afore&s;aid, with the Moneys, Goods, and Chat|tels afore&s;aid of him the &s;aid <HI>G.</HI> afterwards, to wit (Such a day and year, and place) did &s;o negligently, and improvidenty keep and carry, that divers Moneys, Goods and Chat<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ells, of him the &s;aid <HI>G.</HI> (in the &s;aid Trunk as afore&s;aid, before that being locked) (that is to &s;ay) fifty pounds in Money numbred, one pair of black laced Garters, to the value of twelve &s;hillings, one gold imbroydered Girdle, to the value of twenty &s;hillings, and one, <HI>&amp;c.</HI> to the value of, <HI>&amp;c.</HI> by the negligent cu&s;tody of him the &s;aid <HI>P.</HI> then and there lo&s;t, were taken and carry|ed away by Per&s;ons to him the &s;aid <HI>G.</HI> altogether unknown, &s;o that he the &s;aid <HI>G.</HI> tho&s;e Moneyes, Goods, and Chattells la&s;t mentioned, from thence unto the day of exhibiting this Bill, to wit (&s;uch a day and year) hath not received nor had, although the afore&s;aid <HI>P.</HI> by him the &s;aid <HI>G</HI> afterwards, to wit (Such a day, year, and place) hath often been required to deliver to him the &s;aid <HI>G.</HI> the Moneys, Goods, and Chat|tels afore&s;aid &s;o as afore&s;aid lo&s;t, whereupon the &s;ame <HI>G.</HI> &s;aies. That he is damnified and hath damage to the value of a hundred pounds, and thereupon he brings Suit, &amp;c.</P>
<DIV3 TYPE="subsection">
<P><HI>MIddle&s;ex &s;&s;. A. W.</HI> Gentleman,
<NOTE PLACE="marg">Ca&s;e again&s;t a Clark of the Kings Bench for appearing and fi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ing a Bayl without warrant.</NOTE> complains of <HI>F. W.</HI> Gentleman, one of the Clarks of <HI>Robert Heath</HI> Knight, and <HI>George Paul</HI> Knight, chief Clarks of our Lord the King, of the Pleas in the Court of our &s;aid Lord the King, before the &s;ame King a&s;&s;igned to be Inrolled, according to the Liberties and Priviledges, <HI>&amp;c.</HI> pre&s;ent here in Court in his proper per&s;on, for that that is to &s;ay) whereas heretofore, to wit, in the Term of <HI>Saint Michael,</HI> in the &s;eventeenth year of King <HI>James,</HI> late King of <HI>England,</HI> one <HI>Thomas Morgan E&s;q</HI> and <HI>Rachel</HI> his Wife, pro&s;ecuted out of the Court of the &s;aid late King, the &s;ame Court then being at <HI>We&s;tmin&s;ter</HI> in the County of <HI>Middle&s;ex,</HI> a certain Writ of <HI>Latitat</HI> of him the &s;aid late King, then directed to the Sheriff of
<PB N="195" REF="100"><HI>Shrop&s;hire:</HI> By which &s;aid Writ, he the &s;aid late Lord the King then commanded the then Sheriff of <HI>S.</HI> that he the &s;aid then Sheriff &s;hould take the afore&s;aid <HI>A. W.</HI> if he then &s;hould be found within his Baili|wick, and him &s;hould &s;afe keep, &s;o that he might have his body before the &s;aid late King at <HI>We&s;tmin&s;ter,</HI> on Thur&s;day after eight daies of the Putification of the ble&s;&s;ed Virgin <HI>Mary,</HI> to an&s;wer the afore&s;aid <HI>T. Morgan</HI> and <HI>R.</HI> his Wife of a Plea of <HI>Tre&s;pa&s;&s;e;</HI> which &s;aid Writ afterwards, and before the return of the &s;ame, was delivered to one <HI>Thomas Harris E&s;quire,</HI> then Sheriff of <HI>S.</HI> at <HI>L.</HI> in the afore&s;aid Coun|ty of S. in form of Law to be executed By vertue of which &s;aid Writ, he the &s;aid <HI>A.W.</HI> after and before the return of the &s;ame, to wit, the twen|ty &s;econd of <HI>January,</HI> in the &s;eventeenth year afore&s;aid, by the afore|&s;aid then Sheriff of S. at <HI>L.</HI> afore&s;aid, was taken and arre&s;ted, upon which he the &s;aid <HI>A.W.</HI> did put in &s;ufficient Manucaptors for his appea|rance before the &s;aid late Lord the King at <HI>We&s;tmin&s;ter,</HI> to the then Sheriff, at the day of the return of the &s;ame Writ, according to the Exigencie of the &s;aid Writ. And whereas al&s;o the afore&s;aid <HI>F.</HI> long before, and at the afore&s;aid day of the Returne of the Writ afore&s;aid, was one of the Attorneyes in the Court of our &s;aid late Lord the King, before him the &s;aid late Lord the King at <HI>W.</HI> afore&s;aid: And &s;o being an Attorney, he the &s;aid <HI>F.</HI> at the return of the &s;ame Writ, to wit, the afore&s;aid Thur&s;day next after eight daies of the Pu<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ification of the ble&s;|&s;ed Virgin <HI>Mary,</HI> in the &s;ame Court at <HI>We&s;tmin&s;ter</HI> afore&s;aid, as the Attorney of him the &s;aid <HI>A.</HI> and for him the &s;aid <HI>A.</HI> at the Suit afore|&s;aid, without any Warrant or con&s;ent of him the &s;ame <HI>A.</HI> did appear, and put in then there a certain Bail for him the &s;aid <HI>A.</HI> at the Suit of the &s;aid <HI>T. M.</HI> and <HI>R.</HI> without any warrant or con&s;ent of him the &s;aid <HI>A.</HI> Upon which &s;aid appearance the afore&s;aid <HI>T. M.</HI> and <HI>R.</HI> as Exe|cutrix of the Te&s;tament and la&s;t Wil of <HI>D. K.</HI> lately, <HI>&amp;c.</HI> in the Tearm of Saint <HI>Hillary,</HI> in the &s;eventeenth year afore&s;aid, in the &s;ame Court of our &s;aid late King, before him the &s;aid late King at <HI>We&s;tmin&s;ter,</HI> without the con&s;ent of him the &s;aid <HI>A.</HI> impleaded the afore&s;aid <HI>A.</HI> of a Plea, that he render him four hundred pounds of lawful money of <HI>Eng|land,</HI> upon a certain Writing Obligatory to him the &s;aid <HI>D. R.</HI> in his life time by him the &s;aid <HI>A</HI> made, which as they &s;aid he then unju&s;tly de|tained from them and in &s;uch manner it was therupon proceeded in the &s;ame Court, that the afore&s;aid <HI>T. M.</HI> and <HI>R.</HI> afterwards, to wit, in the Tearm of <HI>Easter,</HI> in the fir&s;t year of the King that now is&punc; in the afore&s;aid Court of our &s;aid Lord the King that now is, before, <HI>&amp;c.</HI> at <HI>W.</HI> recovered again&s;t the afore&s;aid <HI>A. W.</HI> as well the afore|&s;aid four hundred pounds, of the Debt afore&s;aid, as nine pounds ten &s;hillings and ten pence, for their Damages which they the &s;aid <HI>T. M.</HI> and <HI>R.</HI> &s;u&s;tained, as well by rea&s;on of the detaining of the &s;ame Debt, as for their co&s;ts and charges by them about their Suit in that behalf laid out, whereof he the &s;aid <HI>A. W.</HI> was con|victed,
<PB N="196" REF="101">as it now appears to the &s;aid Lord <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">he King of Record: Notwit&s;tanding he the &s;aid <HI>A. VV</HI> in fact &s;aith, That he the &s;aid <HI>A. W.</HI> gave not to him the &s;aid <HI>F.</HI> any Warrant to appear at the Suit afore&s;aid, nor at the Suit afore&s;aid to put in any Baile, nor ever retained or reque&s;ted him the &s;aid <HI>F.</HI> to appear or put in Bayle for him the &s;aid <HI>A.</HI> in the Court afore&s;aid, at the Suit of them the &s;aid <HI>T. M.</HI> and <HI>R,</HI> or any other per&s;on or per&s;ons what&s;oever, nor in any manner to be the Attorney of him the &s;aid <HI>A.</HI> in the Suit afore&s;aid. But he the &s;aid <HI>F.</HI> plotting, and fraudulently intending the afore&s;aid <HI>A.</HI> in that behalf craftily and &s;ubtlely to deceive and defraud in the afore&s;aid Tearm of Saint <HI>Michael,</HI> in the year afore|&s;aid, of his own meer &s;pontaneous will, without any retainder, no|tice, or con&s;ent of him the &s;aid <HI>A.</HI> did appear and put in the Baile afore&s;aid, for him the &s;aid <HI>A.</HI> Whereupon the &s;aid <HI>A.</HI> &s;aith, That he is Damnified and hath Damage to the value of five hundred pounds and thereupon he brings his Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>GLouc.</HI>
<NOTE PLACE="marg">Ca&s;e again&s;t an Inn-keeper for Money deliver|ed to him by one of his Gue&s;ts.</NOTE> <HI>&s;&s;. Thomas Low</HI> complains of <HI>Thomas Watkins,</HI> Inn-keeper of the Common Inn called the <HI>Crown</HI> in <HI>Newport,</HI> in the Coun|ty afore&s;aid, in the cu&s;tody of the Mar&s;hal, &amp;c. For that (that is to &s;ay) whereas according to the cu&s;tome of the Realm of the Lord the King of <HI>England,</HI> Inn-keepers which keep common Inns to entertain men journeying by the parts where &s;uch Inns are, and in them lodg|ing (their Goods and Chattels within tho&s;e Inns being) without di|mini&s;hment or lo&s;&s;e are bound to keep &s;afe day and night, &s;o that by defect of the &s;aid Inn keepers or their &s;ervants no Damage &s;hould any waies happen to &s;uch Gue&s;ts: And whereas the afore&s;aid <HI>T. W.</HI> before the tenth day of <HI>October,</HI> in the &s;ixth year of King <HI>James,</HI> and the &s;ame tenth day did hold and keep a Common Inn in <HI>Newport</HI> afore&s;aid, and the afore&s;aid <HI>T. L.</HI> in the &s;ame Inn as his Gue&s;t, then and there was entertained; yet certain Malefactors to him the &s;aid <HI>T. L.</HI> unknown, the &s;ame tenth day of <HI>October,</HI> in the &s;ixth year of King <HI>James</HI> afore&s;aid, at <HI>N.</HI> afore&s;aid, in the County afore&s;aid, a cer|tain pur&s;e to the value of two &s;hillings, and fourteen Pounds and &s;even &s;hillings money numbred, of the Money of him the &s;aid <HI>T. L.</HI> in the &s;ame Pur&s;e contained, under the cu&s;tody of the afore&s;aid <HI>T. W</HI> (in the Inn afore&s;aid of him the &s;aid <HI>T. W.</HI>) by the afore&s;aid <HI>T. L.</HI> his Gue&s;t lo&s;t, for default of due keeping of him the &s;aid <HI>T. W</HI> and his &s;ervants, took and carryed away, to the Damage of him the &s;aid <HI>T. L.</HI> forty pounds: And thereupon, &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="197" REF="101">
<P>EBor &s;&s;. J. S. <HI>late of</HI> S. <HI>in the County afore&s;aid Yeoman,</HI>
<NOTE PLACE="marg">Ca&s;e again&s;t one for making Trenches cro&s;&s;e his way where|by he was hin|dered from wa|tering.</NOTE> <HI>was attached to an&s;wer</HI> W. F. <HI>for that (that is to &s;ay) whereas he the &s;aid</HI> W. <HI>i, and a long time hath been &s;eized of one Me&s;&s;uage, and ten Acres of Land with the Appurtenances in</HI> W. <HI>in the County afore|&s;aid, in his Deme&s;ne as of Fee, and he and all his Ance&s;tors, and all they who&s;e E&s;tate hee the &s;aid</HI> W. <HI>now hath, of and in the Tenements afore|&s;aid with the Appurtenances, have had, and have been accu&s;tomed to have a certain way from the Me&s;&s;uage afore&s;aid, unto a certain Well in</HI> W. <HI>afore&s;aid, called</HI> R. <HI>Well, for to draw and take away water there, and al&s;o unto one Acre of Land of him the &s;aid</HI> W. <HI>parcel of the Tene|ments afore&s;aid, in the common Feilds, called the Out-feilds in</HI> W. <HI>afore|&s;aid, by, thorough, and beyond a certain piece of Land (that is to &s;ay) three Acres of Land of the afore&s;aid</HI> J. S. <HI>in</HI> W. <HI>afore&s;aid, with all his Carts and Carriages, to carry and re carry the Corn, Hay, and other pro|fits of the Tenements afor&s;aid, and to drive, and drive back all and all manner of their Cattell by, thorow and beyond the afor&s;aid piece of Land of the afore&s;aid,</HI> J. S. <HI>by the whole yeare, when&s;oever, and as often as it &s;hould plea&s;e him the &s;aid</HI> W. <HI>as unto his Tenements afore&s;aid with the Appurtenances belonging and appertaining; yet the afore&s;aid</HI> J. S. <HI>being not ignorant of the Premi&s;es, plotting him the &s;aid</HI> W. <HI>in this behalf, very much to wrong, and him the &s;aid</HI> W. <HI>&s;o to hinder, whereby he might be able the le&s;&s;e to make any profit of the Well afore&s;aid, to have water there in form afore&s;aid; and of the afore&s;aid Acre of Land of him the &s;aid</HI> W. <HI>in the Common Feilds of</HI> W. <HI>afore&s;aid (&s;uch a Day and Year) by Force and Arms (that is to &s;ay) with Ploughs, Plough &s;hares, Mattocks, Shovels, and Spades, the ground of the afore&s;aid piece of Land of him the &s;aid</HI> J. <HI>in</HI> W. <HI>afore&s;aid he did break up, and certain Trenches there made on cro&s;&s;e the way afore&s;aid, by which he the &s;ayd</HI> W. <HI>to come unto the Well afore&s;aid to have water there, and to take it away or his Cattel unto the afore&s;aid Acre of Land of him the &s;aid</HI> W. <HI>in the Common Feilds afore&s;aid, to bring or bring back by a great time that is to &s;ay) from the afore&s;aid (&s;uch a day and year) unto the the day of the Suing forth the Original Writt of the &s;aid Plaintiff, was no waies able: And hee the &s;aid</HI> W. <HI>by that meanes, the profit of the Well afore&s;aid, and of the afore&s;aid Acre of Land, which he ought thereof to have made, by the &s;ame time hath wholly lo&s;t, &amp; other harmes to him did, to the great Damage of him the &s;aid</HI> N. <HI>and again&s;t the Peace of our &s;aid Lord the King that now is; whereupon he &s;aith that he is damnified, and hath Damage to the value of forty pounds, and thereupon hee brings Suit, &amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="198" REF="102">
<P><HI>A. P.</HI>
<NOTE PLACE="marg">London. &s;&s;. <HI>Ca&s;e for a Pro|thonotaries Clark for money upon a promi&s;e upon his Writ of Priviledge.</HI></NOTE> Gentleman was attached by a Writ of Priviledge of our Lord the King from the Court here i&s;&s;uing, to an&s;wer <HI>T. J.</HI> Gentle|man, one of the Clarks of <HI>Richard Brownlow</HI> E&s;quire chiefe Protho|notary of the Court of our Lord the King of his Bench here, according to the Liberties and Priviledges of the &s;ame Court for &s;uch Prothono|taries, their Clarks, and other Mini&s;ters of the &s;ame Bench, time out of mind in the &s;ame u&s;ed and approved, of a Pea of Tre&s;pa&s;&s;e upon the Ca&s;e, &amp;c. And whereupon the &s;aid <HI>T.</HI> in his proper per&s;on com|plains, that whereas the afore&s;aid <HI>A.</HI> (&s;uch a day, year, and place) in con&s;ideration that he the &s;aid <HI>T.</HI> at the &s;pecial in&s;tance and reque&s;t of the afore&s;aid <HI>A.</HI> would exemplifie a certain Jugdement in the Court of our Lord the King that now is, here, before that time had and obtained, by one <HI>E. W.</HI> Gentleman, again&s;t <HI>H. F. W. A. J. A.</HI> and <HI>R. B.</HI> upon a certain Verdict for him the &s;aid <HI>E.</HI> again&s;t them the &s;aid <HI>H. W. J.</HI> and <HI>R.</HI> (before the Ju&s;tices of our Lord the King at the A&s;&s;izes in the County of <HI>Stafford</HI> to be taken, a&s;&s;igned on <HI>Thur&s;day</HI> the two and twentieth day of <HI>July,</HI> in the 6. year afore&s;aid at <HI>Stafford</HI> in the &s;ame County to be held) rendred: And that Ex|emplification under the hand of the Prothonotary of the &s;ame Office in which the Judgement afore&s;aid, in form afor&s;aid, was had and entred would cau&s;e to be &s;igned, did a&s;&s;ume upon him&s;elf and to him the &s;aid <HI>T.</HI> did then and there faithfully promi&s;e, that he the &s;aid <HI>A.</HI> would pay to him the &s;aid <HI>T.</HI> when he &s;hould be thereunto afterwards required, &s;uch a &s;um of Money, as he the &s;aid <HI>T.</HI> for his labour and pains in that behalf &s;hould rea&s;onably de&s;erve, and all Fees and Expen|&s;es by him the &s;aid <HI>T.</HI> to the afore&s;aid Prothonotary for &s;igning the Exemplification afore&s;aid to be expended and paid; and he the &s;aid <HI>T.</HI> &s;aies, that he upon the hope of the faithful performance of the pro|mi&s;e and a&s;&s;umption afore&s;aid of the afore&s;aid <HI>A.</HI> afterwards, to wit (&s;uch a day, year, and place) did exemplifie the Judgment afore|&s;aid, and the &s;ame under the hand of <HI>Richard Brownlow</HI> E&s;quire, chief Prothonotary of the Court of our &s;aid Lord the King of his Bench here, in who&s;e Office the Judgment afore&s;aid in form afore&s;aid was had and entred then and there cau&s;ed to be &s;igned and paid to him the &s;aid <HI>R. B.</HI> for the &s;igning thereof thirty &s;hillings, and that he the &s;aid <HI>T.</HI> did rea&s;onably de&s;erve to have for his labour and pains for exem|plifying the Judgment afore&s;aid twenty &s;hillings, yet the afore&s;aid <HI>A.</HI> his promi&s;e and a&s;&s;umption afore&s;aid little regarding, but plotting and fraudulently intending the afore&s;aid <HI>T.</HI> in that behalf craftily to de|ceive and defraud, the afore&s;aid &s;everal &s;ums of money, in the whole amounting to fifty &s;hillings to him the &s;aid <HI>T.</HI> although unto this by him the &s;aid <HI>T.</HI> &s;uch a day, year, and place, and often afterwards he hath been thereunto required, according to his promi&s;e &amp; a&s;&s;umption
<PB N="199" REF="102">afore&s;aid he hath not as yet paid, but the &s;ame hitherto to pay he hath altogether refu&s;ed, and as yet doth refu&s;e, to the damage of him the &s;aid <HI>T.</HI> of ten pounds and thereof he brings Suit, <HI>&amp;c.</HI> Pledges of pro|&s;ecuting, <HI>John Doe</HI> and <HI>Richard Roe.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND whereupon the &s;aid <HI>T.</HI> in his proper per&s;on complains,
<NOTE PLACE="marg">The like as be|fore for Fees for drewing a Declaration.</NOTE> That whereas the afore&s;aid <HI>W.</HI> (&s;uch a day, year, and place) in con&s;i|deration, That he the &s;aid <HI>T.</HI> then and continually afterwards, hither|to being one of the Clarks of the afore&s;aid chief Prothonotary, at the e&s;peciall in&s;tance and reque&s;t of the afore&s;aid <HI>W.</HI> would draw for him the &s;aid <HI>W.</HI> a certain Declaration again&s;t one <HI>T. P.</HI> at the Suit of the afore&s;aid <HI>W.</HI> and <HI>E.</HI> his Wife, of and upon a certain Writ of our &s;aid Lord the King of a <HI>Capias,</HI> at the Suite of them the &s;aid <HI>W.</HI> and <HI>E.</HI> again&s;t the afore&s;aid <HI>T. P.</HI> in the Court of the &s;aid Lord the King, of his Bench here i&s;&s;ued forth, and there in the Tearm of Saint <HI>Michael</HI> la&s;t pa&s;t returnable, and returned of a Plea of Covenant broken, of and upon a certain Indenture between the afore&s;aid <HI>W.</HI> and <HI>E.</HI> of the one part, and the afore&s;aid <HI>T. P.</HI> and <HI>A.</HI> his Wife, of the other part made, bearing date (&s;uch a day and yeare) did a&s;&s;ume upon him&s;elf, and to him the &s;aid <HI>T. I.</HI> did then and there faithfully promi&s;e, that he the afore&s;aid W. when after the drawing of the Declaration afore&s;aid, he &s;hould be thereunto required, would pay to him the &s;aid <HI>T.</HI> &s;uch a &s;umme of Money, as he the &s;aid <HI>T. I.</HI> in that behalf &s;hould rea&s;onable de&s;erve to have: And although he the &s;aid <HI>T. I.</HI> upon the hope of the faithfull performance of the afore&s;aid promi&s;e, and a&s;&s;umption of the afore&s;aid <HI>VV.</HI> afterwards, to wit (&s;uch a day) in the &s;ame Term of Saint <HI>Michael,</HI> in the ninetenth year afore|&s;aid at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid, did draw for him the &s;aid <HI>VV.</HI> the Declaration afore&s;aid; and did rea&s;onably de&s;erve to have for drawing the &s;ame Declaration, forty &s;hillings, yet the afore&s;aid <HI>VV.</HI> his promi&s;e and a&s;&s;umption afore&s;aid little regarding but plotting and friudulently intending him the &s;aid <HI>T. I.</HI> of the afore&s;aid forty &s;hilling craftily to deceive and defraud, the &s;ame forty &s;hillings or any parcel thereof, to him the &s;aid <HI>T.</HI> although unto this by him the &s;ame <HI>T.</HI> after the drawing of the Declaration afore&s;aid, to wit (&s;uch a day, and year, and place) was thereunto required, according to his promi&s;e and a&s;&s;umption afore&s;aid hath not paid, or to him the &s;aid <HI>T.</HI> in any manner for the &s;ame contented, but the &s;ame to him hitherto to pay hath altogether refu&s;ed, and as yet refu&s;eth, whereupon he &s;aith, That he is damnified, and hath Damage to the value of ten pounds, and thereupon he brings Suit, <HI>&amp;c.</HI> Pledges of pro&s;ecuting, <HI>John Doe,</HI> and <HI>Richard Roe, &amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="100" REF="103">
<P><HI>Wilts &s;&s;.</HI>
<NOTE PLACE="marg">Ca&s;e for ob&s;tru|cting a way pre&s;cribed for by building a Hou&s;e.</NOTE> <HI>R. S.</HI> complains of <HI>W. B.</HI> in the cu&s;tody of the Mar&s;hal, &amp;c. for that (that is to &s;ay) Whereas he the &s;aid <HI>R.</HI> (&s;uch a day and year) and continualy afterwads, hitherto was &s;eized in his <HI>Deme&s;ne</HI> as of Fee, of and in one Capital Me&s;&s;uage called <HI>M.</HI> in <HI>S.</HI> in the afor&s;aid County of <HI>W.</HI> and of and in a certain Clo&s;e of arta|ble Land to the &s;aid Me&s;&s;uage belonging, containing by e&s;timation ten Acres, lying and being in a certain Feild called <HI>Wa&s;tfeild,</HI> in <HI>S</HI> afore|&s;aid, in the County afore&s;ald: And whereas al&s;o he the &s;aid <HI>R</HI> and all tho&s;e who&s;e E&s;tate he the &s;aid <HI>R.</HI> now hath, of and in the afore|&s;aid Capital Me&s;&s;<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">age, and of and in the afore&s;aid Clo&s;e of Land, containing by e&s;timation ten Acres with the appurtenances, by the whole time afore&s;aid, as al&s;o time out of minde have had, and were ac|cu&s;tomed to have for them&s;elves and their Tenants, of the &s;ame Capi|tal Me&s;&s;uage, and of the afore&s;aid Clo&s;e of Land, containing &amp;c. And the Farmers thereof a certain Wain-way and Cart-way, to pa&s;s and re-pa&s;&s;e, drive and drive back all and all manner of their Cattel, and to carry and re-carry all and all manner their Carriages with Wains and Carts, and for Plowing, Sowing, and carrying away the Grain in the afore&s;aid Clo&s;e of Arrable Land, containing, &amp;c. &s;owed, and for carrying away of Compo&s;t from the afore&s;aid Capitall Me&s;&s;uage of him the &s;aid <HI>R.</HI> unto, in, by, and over the Street in the Town of <HI>S.</HI> afore&s;aid, and from the Street afore&s;aid, in the Town of <HI>S.</HI> afore|&s;aid, unto, to, and in a certain way in the afore&s;aid Feild called <HI>Wa&s;tfeild,</HI> between a certain Stone-wall called the new Wall, and a certain piece of Arrable Land of the afore&s;aid <HI>W. B.</HI> called the new Arrable half Acre, and from thence unto, to, and in the afore&s;aid Clo&s;e of Arrable Land of him the &s;aid <HI>R.</HI> containing, &amp;c. And &s;o back again from the afore&s;aid Clo&s;e of arrable Land of him the &s;aid <HI>R.</HI> containing by e&s;timation ten Acres, unto, to, and in the afore&s;aid way in the afore&s;aid Feild called <HI>Wa&s;tfeild,</HI> between the afore&s;aid Stone|wall called the new Wall, and the afore&s;aid piece of Arrable Land of the afore&s;aid W. B. called the Arrable half Acre, and from thence unto, to, in, by, and over the afore&s;aid Street in the Town of <HI>S.</HI> afore|&s;aid, and from thence unto, to, and in the afore&s;aid Capital Me&s;&s;u|age of him the &s;aid <HI>R.</HI> at all times of the year, as unto the afore&s;aid Capital Me&s;&s;uage of him the &s;aid <HI>R. S.</HI> with the Appurtenances belong|ing and appertaining, yet the afore&s;aid W. B. being not ignorant of the premi&s;es, but plotting and maliciou&s;ly intending him the &s;aid <HI>R. S.</HI> of the Waine and Cart-way afore&s;aid wholy to deprive (Such a day and year) a certain hou&s;e upon &amp; on Cro&s;s, the afore&s;aid Wain &amp; Cart way neer unto the South end of the afore&s;aid &s;tone Wall called the new wall, between the afore&s;aid &s;tone wall called the new Wall, and the afore&s;aid peice of Arrable Land of the afore&s;aid <HI>VV. B.</HI> called
<PB N="201" REF="103">the arable half Acre of the afore&s;aid <HI>W. B.</HI> at <HI>S.</HI> afore&s;aid in the Coun|ty afore&s;aid, did erect and build, and the afore&s;aid Hou&s;e &s;o there erected and built, always afterwards hitherto hath mo&s;t unju&s;tly kept and maintained, and as yet keeps and maintains; by which he the &s;aid <HI>R. S.</HI> the u&s;e, profit, and accommodation of the afore&s;aid Wain and Cart-way, then and always afterwards hitherto hath totally lo&s;t, and is deprived of, whereupon the &s;ame <HI>R. S.</HI> &s;ays, that he is damnified, and hath Damage to the value of fifty pounds, and thereupon brings Suit, <HI>&amp;c.</HI> Pledges, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Su&s;&s;ex &s;&s;. T. S.</HI> late of,
<NOTE PLACE="marg">Ca&s;e upon a Promi&s;e in con|&s;ideration of day given to pay a &s;um of Money, with Intere&s;t for the &s;ame.</NOTE> <HI>&amp;c.</HI> was attached to an&s;wer <HI>Lawrence Pattock</HI> of a Plea, wherefore whereas one <HI>P. P.</HI> of, <HI>&amp;c.</HI> Grandfather of him the &s;aid <HI>L.</HI> (&s;uch a Day, Year, and place) did make his Te&s;tament and la&s;t Will in Writing, and by the &s;ame Will did will and bequeath to him the &s;aid <HI>L.</HI> ten pounds of lawful Mony of <HI>England,</HI> to be payd to him the &s;aid <HI>L.</HI> when he the &s;aid <HI>L.</HI> &s;hould attain to the age of twenty four years; which &s;aid Sum of ten pounds to him the &s;aid <HI>L.</HI> in form afore&s;aid bequeathed, at the time of the Be|que&s;t afore&s;aid, was, and yet remains in the hands of the afore&s;aid <HI>T. S.</HI> and the afore&s;aid <HI>J. P.</HI> by his Will afore&s;aid did further will the a|fore&s;aid Sum of ten pounds &s;hould continue and remain in the hands of the afore&s;aid <HI>T. S.</HI> until he the afore&s;aid <HI>L.</HI> &s;hould attain unto the afore&s;aid age of twenty four years, the &s;aid <HI>T. S.</HI> paying for the U&s;e or Intere&s;t thereof yearly after the Death of the afore&s;aid <HI>J.</HI> to the afore&s;aid <HI>L.</HI> or his A&s;&s;igns, thirteen &s;hillings and four pence, to be be|&s;towed about &s;uch nece&s;&s;aries as he the &s;aid <HI>L.</HI> &s;hould want, until the &s;aid <HI>L.</HI> &s;hould attain unto the afore&s;aid age of twenty and four years; and whereas the afore&s;aid <HI>J. P.</HI> afterwards, to wit (&s;uch a Day, Year, and place) dyed, and that he the &s;aid <HI>L.</HI> afterwards, to wit (&s;uch a Day and Year) did attain to the full age of twenty four years, and that the afore&s;aid <HI>T. S.</HI> from the time of the Death of the &s;aid <HI>J. P.</HI> hitherto, hath not payd to him the &s;aid <HI>L.</HI> any part of the U&s;e or Intere&s;t afore|&s;aid, &s;o as afore&s;aid re&s;erved for the afore&s;aid ten pounds in the hands of the afore&s;aid <HI>T. S.</HI> as afore&s;aid remaining: The afore&s;aid <HI>T. S.</HI> all the Premi&s;&s;es afore&s;aid fully knowing to be true, afterwards to wit (&s;uch a Day and Year) at <HI>Ea&s;tgrin&s;ted</HI> afore&s;aid, in con&s;ideration of the Pre|mi&s;&s;es, and that he the &s;aid <HI>L.</HI> at the e&s;pecial in&s;tance and reque&s;t of the afore&s;aid <HI>T.</HI> would give him the &s;aid <HI>T.</HI> Day of payment, as well of the afore&s;aid ten pounds, &s;o as afore&s;aid bequeathed and in the hands of the afore&s;aid <HI>T.</HI> as afore&s;aid remaining, as the U&s;e and Intere&s;t for the &s;ame ten pounds to him the &s;aid <HI>L.</HI> by the afore&s;aid <HI>T.</HI> from the afore&s;aid time of the Death of the afore&s;aid <HI>J. P.</HI> as afore&s;aid remaining arrear and unpayd unto &s;uch a Day and Year then next following, did a&s;&s;ume upon him&s;elf, and to him the &s;aid <HI>L.</HI> then &amp; there did faithfully promi&s;e,
<PB N="202" REF="104">that he the &s;aid <HI>T. S.</HI> would pay to him the &s;aid <HI>L.</HI> as well the afore&s;aid ten pounds, &s;o as afore&s;aid bequeathed, as the U&s;e and Intere&s;t thereof from the afore&s;aid time of the Death of the afore&s;aid <HI>J. P.</HI> until the afore&s;aid full age of the afore&s;aid <HI>L.</HI> according to the afore&s;aid rate of thirteen &s;hillings and four pence for every year thereof to him the &s;aid <HI>L.</HI> &s;o as afore&s;aid being in arrear and unpayd upon (&s;uch a Day &amp; Year) next following the Promi&s;e and A&s;&s;umption afore&s;aid in form afore&s;aid made, and although he the &s;aid <HI>L.</HI> upon the hope of the faithful per|formance of the afore&s;aid Promi&s;e and A&s;&s;umption of the afore&s;aid <HI>T.</HI> then and there, to wit (&s;uch a Day, and Year, and place afore&s;aid) did give to him the &s;aid <HI>T.</HI> Day of payment as well of the afore&s;aid ten pounds, &s;o as afore&s;aid bequeathed, and in the hands of the afore&s;aid <HI>L</HI> as afore&s;aid remaining, as al&s;o of the U&s;e and Intere&s;t for the &s;ame ten pounds to him the &s;aid <HI>L.</HI> by the afore&s;aid <HI>T.</HI> from the time of the Death of the afore&s;aid <HI>J. P.</HI> as afore&s;aid being in arrear and unpayd, until &s;uch a Day and Year afore&s;aid) and although al&s;o the U&s;e and Intere&s;t of the afore&s;aid ten pounds, from the time of the Death of the afore&s;aid <HI>J. P.</HI> unto the afore&s;aid full age of twenty four years of him the &s;aid <HI>L.</HI> to wit, by &s;ix years ending (&s;uch a Day and Year) next before he the &s;aid <HI>L.</HI> did attain to the full age of twenty four years, ac|cording to the afore&s;aid rate of thirteen &s;hillings and four pence for each year thereof, did amount unto four pounds; which &s;aid four pounds, together with the afore&s;aid ten pounds in form afore&s;aid be|queathed, in the whole do amount unto fourteen pounds, yet the afore|&s;aid <HI>T.</HI> his Promi&s;e and A&s;&s;umption afore&s;aid little regarding, but plot|ing and fraudulently intending him the &s;aid <HI>L.</HI> in that behalf craftily to deceive and defraud, the &s;ame fourteen pounds or any parcel thereof to him the &s;aid <HI>L.</HI> according to his Promi&s;e and A&s;&s;umption afore&s;aid, hath not as yet payd, but the &s;ame to him hitherto to pay hath altoge|ther refu&s;ed, and as yet refu&s;eth, to the Damage of him the &s;aid <HI>L.</HI> forty pounds, <HI>&amp;c.</HI> and whereupon he the &s;aid <HI>L.</HI> by <HI>W. Chri&s;tmas</HI> his Attorney, complains, That whereas one <HI>J. P.</HI> &amp;c. (and recite the whole as before) and thereupon he brings Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Surrey &s;&s;.</HI>
<NOTE PLACE="marg"><HI>Ca&s;e upon an</HI> A&s;&s;umo&s;it <HI>for Mony for wares where part is payd.</HI></NOTE> <HI>J. E.</HI> late of, <HI>&amp;c.</HI> was attached to an&s;wer <HI>R. B.</HI> of a Plea, wherefore whereas the afore&s;aid <HI>J.</HI> (&s;uch a Day, Year, and place) in con&s;ideration, that he the &s;aid <HI>R</HI> at the e&s;pecial in&s;tance and reque&s;t of him the &s;aid <HI>J.</HI> had bargained, &s;old, and delivered to him the &s;aid <HI>J.</HI> fifteen Weathers for eleven pounds and five &s;hillings, one other Weather for thirteen &s;hillings, ten other Weathers for five pounds &s;ix &s;hillings and eight pence, two Bullocks for ten pounds and ten &s;hillings, and two other Bullocks for tweive pounds, did a&s;&s;ume up|on him&s;elf, and to him the &s;aid <HI>R.</HI> then and there did faithfully promi&s;e, that he the &s;aid <HI>J.</HI> the afore&s;aid &s;everal Sums of Mony, in the whole
<PB N="203" REF="104">amounting to thirty nine pounds fourteen &s;hillings and eight pence to him the &s;aid <HI>R.</HI> when he &s;hould be thereunto afterwards required, would well and faithfully pay and content; and although he the &s;aid <HI>J.</HI> afterwards, to wit (&s;uch a Day, Year,
<NOTE PLACE="marg">Payment of part.</NOTE> and place) payd and &s;atisfied to him the &s;aid <HI>R.</HI> twelve pounds and eight &s;hillings of the afore&s;aid thirty nine pounds fourteen &s;hillings and eight pence, yet the afore|&s;aid <HI>J.</HI> his Promi&s;e and A&s;&s;umption afore&s;aid, as to twenty &s;even pounds &s;ix &s;hillings and eight pence of the afore&s;aid thirty nine pounds fourteen &s;hillings and eight pence re&s;idue, little regarding, but plot|ing and fraudulently intending him the &s;aid <HI>R.</HI> of the afore&s;aid twenty &s;even pounds &s;ix &s;hillings and eight pence craftily to deceive and de|fraud, the &s;ame twenty &s;even pounds &s;ix &s;hillings and eight pence to him the &s;aid <HI>R:</HI> although unto this by him the &s;aid <HI>R.</HI> afterwards (&s;uch a Day and Year) at <HI>Croydon</HI> afore&s;aid he hath been thereunto re|que&s;ted, according to his Promi&s;e and A&s;&s;umption afore&s;aid hath not payd, or in any manner for the &s;ame &s;atisfied, but the &s;ame to him hi|therto to pay he hath altogether refu&s;ed, and as yet refu&s;es, to the Dam|age of him the &s;aid <HI>R.</HI> forty pounds, <HI>&amp;c.</HI> and whereupon the &s;aid <HI>R.</HI> by <HI>T. Dawling</HI> his Attorney, complains, wherefore when as, <HI>&amp;c.</HI> (And &s;o recite it as before) and thereupon he brings his Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>W. H.</HI> complains of <HI>J. A.</HI> in the cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI>
<NOTE PLACE="marg">Devon. &s;&s;. <HI>Ca&s;e upon a promi&s;e to be|come &s;ecurity in con&s;ideration of a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">um of Mo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y to be lent with forbearance.</HI></NOTE> for that (that is to &s;ay) whereas the afore&s;aid <HI>J.</HI> the &s;ixth Day of <HI>February,</HI> in the year, <HI>&amp;c.</HI> at <HI>&V;xborough</HI> in the County afore&s;aid, in con&s;ideration, that the afore&s;aid <HI>W.</HI> at the e&s;pecial in&s;tance and reque&s;t of him the &s;aid <HI>J.</HI> would lend and deliver unto one <HI>B. H.</HI> ten pounds of lawful Mony of <HI>England</HI> (to be forborn by the &s;pace of &s;ix Months then next following (that is to &s;ay) from the &s;ame &s;ixth Day of <HI>Febru|ary,</HI> in the fifteenth year afore&s;aid (unto &s;uch a Day then next follow|ing) did a&s;&s;ume upon him&s;elf, and to the afore&s;aid <HI>W.</HI> then and there did faithfully promi&s;e, That he the &s;aid <HI>J.</HI> for the &s;ame <HI>B.</HI> and together with him the &s;aid <HI>B.</HI> one <HI>J. H.</HI> would become bound and obliged to the afore&s;aid <HI>W.</HI> in the Sum of twenty pounds of lawful Mony of <HI>England,</HI> with condition of the true payment of the afore&s;aid ten pounds to the afore&s;aid <HI>W.</HI> or his A&s;&s;igns, in and upon (&s;uch a Day then next follow|ing) and he the &s;aid <HI>W.</HI> in Fact &s;aith. That he the &s;aid <HI>W.</HI> tru&s;ting to the Promi&s;e and A&s;&s;umption afore&s;aid of the afore&s;aid <HI>J.</HI> afterwards, to wit (&s;uch a Day. Year, and place) at the &s;aid in&s;tance and reque&s;t of him the &s;aid <HI>J.</HI> did lend and deliver the afore&s;aid <HI>B.</HI> the afore&s;aid ten pounds to be forborn for the &s;pace of the afore&s;aid &s;ix Months (that is to &s;ay) from the (&s;ame, <HI>&amp;c.</HI>) yet the afore&s;aid <HI>J. A.</HI> his Promi&s;e and A&s;&s;umption afore&s;aid little regarding, but plotting and fraudulent|ly intending the afore&s;aid <HI>W.</HI> in that behalf, craftily and &s;ubtilly to de|ceive and defraud, although he the &s;aid <HI>W.</HI> afterwards, to wit (&s;uch a
<PB N="204" REF="105">Day, Year, and place) did offer to the afore&s;aid <HI>J.</HI> a certain Writing, with Wax and Labels thereunto fixed,
<NOTE PLACE="marg">Tender of a Writing to &s;eal.</NOTE> containing in it, That he the &s;aid <HI>W.</HI> together with the afore&s;aid <HI>B. H.</HI> and <HI>J. H.</HI> &s;hould be bound to the afore&s;aid <HI>W.</HI> in the afore&s;aid Sum of twenty pounds, with Con|dition for payment of the afore&s;aid Sum of ten pounds to the afore|&s;aid <HI>W.</HI> in and upon the afore&s;aid eighth Day of <HI>February,</HI> and then and there reque&s;ted the afore&s;aid <HI>J. A.</HI> to &s;eal, and as his Deed to deliver to him the &s;aid <HI>W.</HI> the &s;aid Writing, upon which he the &s;aid <HI>J. A.</HI> to &s;eal and deliver to him the &s;aid <HI>W.</HI> as his Deed,
<NOTE PLACE="marg">Refu&s;al to &s;eal.</NOTE> that Writing, he did then and there wholy refu&s;e: And the afore&s;aid <HI>J. A.</HI> or the afore&s;aid <HI>B. H.</HI> and <HI>J. H.</HI> or any of them, the afore&s;aid ten pounds, or any par|cel thereof, to the afore&s;aid <HI>W.</HI> they have not as yet payd, nor any of them hath payd, nor in any wi&s;e for the &s;ame have hitherto given con|tent, whereupon the &s;aid <HI>W.</HI> &s;ays, That he is damnified, and hath Damage to the value of thirty pounds, and thereupon he brings Suit, <HI>&amp;c.</HI> Pledges of pro&s;ecuting, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Gloc. &s;&s;.</HI>
<NOTE PLACE="marg"><HI>An Action of the Ca&s;e upon an</HI> a&s;&s;ump&s;it <HI>to pay Money for Land contract|ed,</HI></NOTE> <HI>R. B.</HI> complains of <HI>W. B.</HI> in the Cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> for that (that is to &s;ay) whereas the afore&s;aid <HI>R.</HI> (&s;uch a Day and Year) was &s;eized of and in one Me&s;&s;uage and two Orchards, with the Appurtenance, &s;cituate, lying, and being in <HI>S.</HI> in the County afore&s;aid, in his Deme&s;n as of Fee, and &s;o being thereof &s;eized, afterwards, to wit, the &s;ame Day and year, at <HI>S.</HI> afore&s;aid, in the County afore&s;aid, certain communication was had and moved be|tween them the &s;aid <HI>W.</HI> and <HI>R.</HI> of and concerning the Sale and A&s;&s;urance of the Me&s;&s;uage and Orchards afore&s;aid, to him the &s;aid <HI>W.</HI> by the a|fore&s;aid <HI>R.</HI> to be made: And upon that communication it was then and there accorded, and agreed between them the &s;aid <HI>W.</HI> and <HI>R.</HI> That he the &s;aid <HI>R.</HI> within fourteen Days then next following, &s;hould convey and a&s;&s;ure to the afore&s;aid <HI>W.</HI> and his Heirs, the Me&s;&s;uage and Orchards afore&s;aid, by &s;uch Conveyance and A&s;&s;urance as by the &s;aid <HI>W.</HI> &s;hould be Devi&s;ed, and that he the &s;aid <HI>W.</HI> &s;hould give and pay to the afore&s;aid <HI>R.</HI> for the Me&s;&s;uage and Orchards afore&s;aid, two hun|dred pounds of lawful Mony of <HI>England,</HI> in manner and form fol|lowing, that is to &s;ay, one hundred pounds parcel thereof at the time of the Sealing and Delivery of the Conveyance and A&s;&s;urance a|fore&s;aid, and a hundred pounds, at the Fea&s;t of the Annunciation of the Ble&s;&s;ed Virgin <HI>Mary,</HI> which &s;hould be in the year of our Lord one thou&s;and &s;ix hundred and ten: And that the afore&s;aid <HI>W.</HI> &s;hould give and deliver to him the &s;aid <HI>W.</HI> immediately, one Gelding, for, and in con&s;ideration of forbearing payment of the hundred pounds la&s;t mentioned, unto the Fea&s;t afore&s;aid: And that he the &s;aid <HI>R.</HI> then and there, upon the concord and agreement afore&s;aid in form afore|&s;aid made, had and received of him the &s;aid <HI>W.</HI> one Angel of Gold
<PB N="205" REF="105">of the value of ten &s;hillings, in part of payment of the &s;ame two hun|dred pounds, whereupon, after, <HI>to wit,</HI> (the &s;ame day, year, and place) in co&s;ideration that the afore&s;aid <HI>R.</HI> then and there at the &s;peciall in&s;tance and reque&s;t of him the &s;aid <HI>W.</HI> had a&s;&s;umed upon him&s;elf, and to the afore&s;aid <HI>W.</HI> had then and there faithfully pro|mi&s;ed to convey and a&s;&s;ure the Me&s;&s;uage and Orchards afore&s;aid, with their Appurtenances, to the afore&s;aid <HI>W.</HI> and his Heirs, according to the concord and agreement afore&s;aid, he the &s;aid <HI>W.</HI> in con&s;ideration thereof, did a&s;&s;ume upon him&s;elf, and to the afore&s;aid <HI>R.</HI> did then and there faithfully promi&s;e, that he the &s;aid <HI>W.</HI> the &s;aid two hun|dred pounds of lawfull money of <HI>England,</HI> and the Gelding afore&s;aid, to him the &s;aid <HI>R.</HI> according to the concord and agreement afore|&s;aid, would well and faithfully pay, content, and deliver, of which &s;aid two hundred pounds, the afore&s;aid <HI>W.</HI> had then and there payed the afore&s;aid <HI>R.</HI> one Angel of Gold in part of payment thereof: And the afore&s;aid <HI>R.</HI> in Fact, &s;aith, that although he the &s;aid <HI>R.</HI> by the &s;pace of the afore&s;aid fourteen days, next after the afore&s;aid concord and agreement, and always after, hitherto hath been ready, and as yet is ready, to convey and a&s;&s;ure to the afore&s;aid <HI>W.</HI> and his Heirs, the Me&s;&s;uage and Orchards afore&s;aid, with their Appurtenan|ces, by &s;uch Conveyance and A&s;&s;urance, as by him the &s;aid <HI>W.</HI> &s;hould be devi&s;ed; yet the afore&s;aid <HI>W.</HI> little regarding his promi&s;e and a&s;|&s;umption afore&s;aid, but plotting, and fraudulently intending him the &s;aid <HI>R:</HI> in that behalf, craftily and &s;ubtilely to deceive and defraud the afore&s;aid ninety nine pounds, and ten &s;hillings being the re&s;idue of the afore&s;aid one hundred pounds fir&s;t mentioned, nor the Gelding afore&s;aid to him the &s;aid <HI>R.</HI> hath not payed or delivered, or for the &s;ame in any manner given content, although he the &s;aid <HI>W.</HI> by the afore&s;aid <HI>R.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day and year) next af|ter the concord and agreement afore&s;aid, and often afterwards, hath been often thereunto required, by which he the &s;aid <HI>R.</HI> not only the Gelding afore&s;aid, and ninety nine pounds and ten &s;hillings, being the re&s;idue of the afore&s;aid one hundred pounds fir&s;t mentioned in form afore&s;aid to be payed, hath totally lo&s;t, and is deprived of, as al&s;o in his credit, by the default thereof is much hurt and damni|fied, and hath damage to the value of fourty pounds, and thereupon he brings his Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>W. C.</HI> complains of <HI>J. G.</HI> in the cu&s;tody of the Mar&s;hall, <HI>&amp;c.</HI>
<NOTE PLACE="marg">London, <HI>&s;&s;. Ca&s;e upon a promi&s;e of mo|ney upon con&s;i|deration of marriage.</HI></NOTE> For that, (that is to &s;ay) Whereas &s;uch a day, year, and place) certain communication was had and moved between <HI>J.</HI> the afore&s;aid <HI>J.</HI> and the afore&s;aid <HI>W.</HI> of, and concerning a certain Mar|riage between him the &s;aid <HI>W.</HI> and one <HI>H. O.</HI> naturall daughter of him the &s;aid <HI>J.</HI> to be had and &s;olemnized, upon which &s;aid com|munication,
<PB N="206" REF="106">he the &s;aid <HI>J.</HI> then there, in con&s;ideration that the afore|&s;aid <HI>W.</HI> at the &s;peciall in&s;tance and reque&s;t of him the &s;aid <HI>W.</HI> would take to his wife the afore&s;aid <HI>H.</HI> and would E&s;pou&s;e the &s;ame <HI>H.</HI> ac|cording to the Eccle&s;ia&s;ticall Rights of this Kingdom of <HI>England,</HI> did a&s;&s;ume upon him&s;elf, and to him the &s;aid <HI>W.</HI> did then and there faithfully promi&s;e, that he the &s;aid <HI>J.</HI> would well and faithfully con|tent and pay to him the &s;aid <HI>W.</HI> one hundred Marks of good and law|full money of <HI>England:</HI> And he the &s;aid <HI>VV</HI> in Fact, &s;aith, That he the &s;aid <HI>VV.</HI> tru&s;ting to the promi&s;e and a&s;&s;umption of him the &s;aid <HI>J.</HI> afore&s;aid, afterwards, <HI>to wit,</HI> (&s;uch a day, year, and place) did take to his wife the afore&s;aid <HI>H.</HI> and the &s;ame <HI>H.</HI> according to the Eccle&s;ia&s;ticall Rights of this Kingdom of <HI>England,</HI> then and there E&s;pou&s;ed, yet the afore&s;aid <HI>J.</HI> little regarding his promi&s;e and a&s;|&s;umption afore&s;aid, but plotting, and fraudulently intending the afore|&s;aid <HI>VV.</HI> in that behalf, craftily and &s;ubtilely to deceive and defraud the afore&s;aid hundred Marks, or any parcell thereof, according to his prmi&s;e and a&s;&s;umption afore&s;aid, to the afor&s;aid <HI>W.</HI> hath not as yet payed, nor in any manner for the &s;ame hitherto given content, although he the &s;aid <HI>J.</HI> by the afore&s;aid <HI>W.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day, year, and place) hath been thereunto required, by which he the &s;aid <HI>VV.</HI> divers commodities, profits, and advantages, which he with the afore&s;aid hundred Marks, by buying and &s;elling, might have had and gained, if the afore&s;aid <HI>J.</HI> his promi&s;e and a&s;&s;umption afore|&s;aid, in form afore&s;aid had performed, hath totally lo&s;t, and is de|prived of, whereupon the &s;aid <HI>VV.</HI> &s;aith, That he is damnified, and hath damage to the value of one hundred pounds, and thereupon he brings his &s;uit, <HI>&amp;c.</HI> Pledges, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>STaff.</HI> &s;&s;. <HI>T. R.</HI> late <HI>H.</HI> in the County afore&s;aid,
<NOTE PLACE="marg">A Declaration in Tr<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;pa&s;&s;e of the Ca&s;e for a Fine levied of Lands in an|cient Deme&s;ne.</NOTE> Gent. and <HI>M.</HI> his wife. <HI>S. B.</HI> of, &amp;c. were attached to an&s;wer <HI>W. G.</HI> E&s;q of a Plea, That whereas he the &s;aid <HI>W.</HI> &s;tood &s;eized of the Mannor of <HI>A.</HI> with the Appurtenances, in the County afore&s;aid, in his Deme&s;n, as of Fee, which &s;aid Mannor, with the Appurtenances, is, and from the time whereof the contrary is not extant in the memory of man, was of the ancient Deme&s;ne of the Crown of our Lady the Queen that now is; and all Lands and Tenements which are held of the &s;ame Mannor, from the whole time afore&s;aid were pleadable, and to be pleaded in the Court of the &s;ame Mannor, before the Bailiffs and Suitors of the &s;ame Court for the time being, and not el&s;ewhere, according to the cu&s;tom of the &s;ame Mannor for the afore&s;aid whole time u&s;ed in the &s;ame; yet the afore|&s;aid <HI>T. M.</HI> and <HI>S.</HI> not ignorant of the Premi&s;es, devi&s;ing him the &s;aid <HI>W.</HI> of the profits of the Court of the Mannor afore&s;aid, &s;ubtilely and deceitfully to defraud, have levied a certain Fine in the Court of our &s;aid Lady the Queen at <HI>We&s;tmin&s;t. to wit,</HI> in eight days of Saint <HI>Michael</HI>
<PB N="207" REF="106">in the &s;eventh year of her Reign, before <HI>James Dyer,</HI> Knight, <HI>A. B. R. W.</HI> and <HI>J. W.</HI> Ju&s;tices of our &s;aid Lady the Queen of her Bench, and other faithfull Subject of our &s;aid Lady the Queen, then there pre&s;ent, betwixt the afore&s;aid <HI>S. B.</HI> Plaintiff, and the afore&s;aid <HI>T. R.</HI> and <HI>M.</HI> Deforcients, of twenty acres of Land, ten acres of Pa&s;ture, and twenty acres of Wood, with the Appurtenances, in <HI>A.</HI> and <HI>F.</HI> in the County afore&s;aid, which &s;aid Tenements, with the Appurtenances, are, and at the time of the levying of the &s;ame Fine, were held of the Mannor afore|&s;aid, and from the whole time afore&s;aid, unto the day of the levying of the &s;ame Fine in the Court of the &s;aid Mannor, according to the cu&s;tom of the &s;aid Mannor were pleadable and pleaded, by means of which &s;aid Fine, the &s;ame Tenements, with the Appurtenances, become pleadable, and pleaded at Common Law, to the manife&s;t danger of the di&s;inherit|ing of him the &s;aid <HI>W.</HI> and to the damage of him the &s;aid <HI>W.</HI> fourty pounds: and whereupon the &s;aid <HI>W.</HI> by <HI>H. W.</HI> his Attorney complains, That whereas he was &s;eized of the Mannor, <HI>&amp;c.</HI> (and &s;o recites the whole, word by word, as before;) And thereupon he brings Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>SHrop&s;hire.</HI> &s;&s;. And whereupon the afore&s;aid <HI>R.</HI> by <HI>T. H.</HI>
<NOTE PLACE="marg"><HI>An Action of the Ca&s;e by one indicted of Fe|lon<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, and ac|quitted as to the party in|d<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">cting him,</HI> &amp;c. Hil. 10 Q. E. Rot. 701.</NOTE> his Attor|ney complains, That whereas he the &s;aid <HI>R.</HI> is a true and faithfull Liege Subject of our Soveraign Lady the Queen, and hath continued always of a good name and fame, and &s;o with all hone&s;t, grave, and di&s;crete men, and his neighbours, hath been held, called, and reputed; yet the afore&s;aid <HI>H.</HI> not ignorant of the Premi&s;es, plotting the afore|&s;aid <HI>R.</HI> mo&s;t unju&s;tly to grieve, and his good Name and State to hurt, detract, and damnifie, and him the &s;aid <HI>R.</HI> to bring into trouble, vexati|on, and infamy; as al&s;o the &s;ame <HI>R</HI> wholly to de&s;troy and bring to nought, he the &s;aid <HI>R.</HI> for that he (&s;uch a day and year) by force and arms at <HI>C.</HI> in the County of <HI>M.</HI> five Cows of the price of &s;ix pounds, of the goods and chattels of him the &s;aid <HI>H.</HI> at <HI>C.</HI> afore&s;aid found, he did Feloniou&s;ly take and lead away, again&s;t the Peace, Crown, and Dignity of our Lady the Queen, cau&s;ed to be indicted, and him the &s;aid <HI>R.</HI> upon that occa&s;ion to be taken and laid in the pri&s;on of our Lady the Queen, of her Ca&s;tle of <HI>Ludlow,</HI> untill before the beloved and faithfull of our &s;aid Lady the Queen, <HI>H. Sidney,</HI> Knight of the mo&s;t noble Order of the <HI>Garter,</HI> Lord Pre&s;ident of the Marches of <HI>Wales,</HI> and other Commi&s;&s;i|oners Ju&s;tices of our &s;aid Lady the Queen, (for the Goal-delivery of the &s;aid pri&s;oners in her Ca&s;tle of <HI>Ludlow</HI> afore&s;aid being) a&s;&s;igned a &s;peci|all Se&s;&s;ions held at <HI>Ludlow</HI> afore&s;aid, in the County afore&s;aid, the (&s;uch a day and year) according to the Law and cu&s;tom of our &s;aid Lady the Queen of <HI>England,</HI> was thereupon acquitted, did procure him to be fal&s;ly and maliciou&s;ly detained, by which he the &s;aid <HI>R.</HI> not only in his Name and good Fame, is much hurt and impaired, but al&s;o in his goods and E&s;tate, by the rea&s;on of the &s;ame impri&s;onment and vexation, he
<PB N="208" REF="107">&s;tands very much impoveri&s;hed, wearied out, and oppre&s;&s;ed, to the damage of him the &s;aid <HI>R.</HI> fourty pounds: And thereupon he brings his Action, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>GLouce&s;t.
<NOTE PLACE="marg"><HI>An Action of the Ca&s;e again&s;t a Steward for not taking &s;e|curity upon a Replevin.</HI> Hill. 20 Jac. Rot. 2907.</NOTE> <HI>&s;&s;. R. S.</HI> late of <HI>C.</HI> in the County afore&s;aid, Gentleman, was attached to an&s;wer <HI>C. B.</HI> of a Plea; wherefore, whereas he the &s;aid <HI>C.</HI> (&s;uch a day and year) was po&s;&s;e&s;&s;ed of four Cows, one Heifer, and one Calf, of the price of twenty pounds, as of his proper cattell: And whereas the afore&s;aid <HI>R.</HI> the &s;ame day and year, and long before, was, and yet is, Steward of the Hundred of <HI>B.</HI> in the County afore&s;aid: And the &s;aid <HI>C.</HI> &s;o of the Cattell afore&s;aid, in form afore|&s;aid being po&s;&s;e&s;&s;ed: And the afore&s;aid <HI>R.</HI> being as is afore&s;aid, Ste|ward of the afore&s;aid Hundred of <HI>R</HI> the afore&s;aid <HI>R.</HI> maliciou&s;ly plotting, the afore&s;aid <HI>C.</HI> of his Cattell afore&s;aid to deceive, and to defraud, the afore&s;aid day and year, by colour of his Office afore&s;aid, the afore&s;aid Cattell at <HI>B.</HI> afore&s;aid, being found within the Precinct of the Hundred afore&s;aid, at the complaint of one <HI>H. S.</HI> pretending the &s;aid Cattell, to be the proper Cattell of him the &s;aid <HI>H.</HI> and he the &s;aid <HI>C.</HI> to have taken the &s;ame Cattell, and them to have un|ju&s;tly detained, again&s;t Sureties and Pledges, cau&s;ed them to be re|plevied out of the po&s;&s;e&s;&s;ion of him the &s;aid <HI>C.</HI> and them to the afore&s;aid <HI>H.</HI> cau&s;ed to be delivered; whereas, in truth, the pro|priety of the afore&s;aid Cattell, at the time of the Replevin afore&s;aid made, and long before was to him the &s;aid <HI>C.</HI> belonging, and not to the afore&s;aid <HI>H.</HI> And the afore&s;aid <HI>R.</HI> at the time of the Re|plevie afore&s;aid made, or before or after, took not, nor cau&s;ed to be taken, any Pledge, or any Security of the afore&s;aid <HI>H.</HI> to pro&s;e|cute the Plaint of him the &s;aid <HI>H.</HI> again&s;t him the &s;aid <HI>C.</HI> for the taking and unju&s;t detaining of the Cattell afore&s;aid, and to make re|turn of the &s;ame Cattell to him the &s;aid <HI>C.</HI> if the return of them &s;hould be adjudged to him the &s;aid <HI>C.</HI> as by the Law and cu&s;tom of this Realm of <HI>England,</HI> and the duty of his place afore&s;aid he ought to have done. And the afore&s;aid <HI>H.</HI> after the delivery of the Cattell afore&s;aid, to him the &s;aid <HI>H.</HI> by means of the Replevin afore&s;aid, the &s;ame Cattell to places to him the &s;aid <HI>C.</HI> unknown did Eloyn: So that he the &s;aid <HI>C.</HI> could not cau&s;e to be replevied unto him the &s;aid <HI>C.</HI> the &s;ame Cattell, or otherwi&s;e have them back again: So that the afore&s;aid <HI>C.</HI> of his Cattell afore&s;aid, remains totally deprived, to his damage of one hundred and fourty pounds: And thereupon the afore&s;aid <HI>C.</HI> by <HI>W. Smitheir</HI> his Attorney complaineth, That where|as he the &s;aid <HI>C.</HI> (&s;uch a day and year) and &s;o recite it word by word, to the damage, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="209" REF="107">
<P><HI>NOrfolk.</HI> &s;&s;. <HI>E. W.</HI> was attached to an&s;wer <HI>R. G.</HI> Gentleman,
<NOTE PLACE="marg"><HI>A Declaration for an Attorney for Fees for pro&s;ecution in Chancery.</HI> Trin. 20 Jac. Rot. 3180.</NOTE> one of the Attorneys, <HI>&amp;c.</HI> of a Plea of <HI>Tre&s;pa&s;&s;e of the Ca&s;e,</HI> &amp;c. And whereupon the &s;aid <HI>R.</HI> in his proper per&s;on complaineth. That where|as the afore&s;aid <HI>E.</HI> (&s;uch a day, year, and place) in con&s;ideration that he the &s;aid <HI>R.</HI> at the &s;peciall in&s;tance and reque&s;t of him the &s;aid <HI>E.</HI> would pro&s;ecute for him the &s;aid <HI>E.</HI> out of the Court of <HI>Chancery</HI> of our &s;aid Lord the King, a certain Writ of the &s;ame Lord the King, of <HI>Subpoena</HI> to <HI>W. A. R. M.</HI> and <HI>P. C.</HI> to be directed, did a&s;&s;ume upon him, and to him the &s;aid <HI>R. G.</HI> did then and there faithfully promi&s;e, that he the afore&s;aid <HI>E.</HI> as well all &s;uch rea&s;onable &s;ums of money, as the afore&s;aid <HI>R. G.</HI> in, and towards the pro&s;ecution of the &s;ame Writ for him the &s;aid <HI>E.</HI> &s;hould depo&s;ite and lay out, as al&s;o three &s;hillings and four pence for the labour of him the &s;aid <HI>R. G.</HI> in that behalf be&s;towed to him the &s;aid <HI>R.</HI> when he &s;hould be there|unto after required, would well and faithfully content and pay: And whereas the afore&s;aid <HI>E</HI> afterwards, that is to &s;ay, (&s;uch a day, year, and place) in con&s;ideration that he the &s;aid <HI>R. G.</HI> at the like in&s;tance and reque&s;t of the afore&s;aid <HI>E.</HI> would cau&s;e to be written, and exhibit for him the &s;aid <HI>E.</HI> in the afore&s;aid Court of <HI>Chancery</HI> of our &s;aid Lord the King, a certain Bill, in the name of him the &s;aid <HI>E.</HI> again&s;t the afore&s;aid <HI>W A.</HI> &amp;c. of, and concerning the detaining of a cer|tain Writing Obligatory, by which the &s;aid <HI>E.</HI> was held and boun|den to the afore&s;aid <HI>W.</HI> in ten pounds, for the payment of five pounds at a certain Day, in the Condition of the &s;ame Writing men|tioned, and the Suit upon the &s;ame Bill for him the &s;aid <HI>E.</HI> again&s;t the &s;aid <HI>W.</HI> in the &s;ame Court of <HI>Chancery,</HI> would pro&s;ecute and &s;olicite as long as the &s;aid <HI>E.</HI> and <HI>R. G.</HI> &s;hould plea&s;e, did a&s;&s;ume upon him; and in like manner to him the &s;aid <HI>R. G.</HI> then, <HI>to wit,</HI> (&s;uch a day, and year, and place) afore&s;aid, did faithfully promi&s;e, That he the afore&s;aid <HI>E.</HI> as well three &s;hillings and four pence of lawfull money of <HI>England,</HI> for the labour of him the &s;aid <HI>Robert</HI> in that behalf be&s;towed, for every Term wherein he the &s;aid <HI>R. G</HI> the Suit afore&s;aid in the &s;ame Court of <HI>Chancery</HI> upon the Bill afore|&s;aid again&s;t the afore&s;aid <HI>W.</HI> &s;hould &s;o pro&s;ecute and &s;ollicite, as all &s;uch rea&s;onable &s;ums of money, as the &s;aid <HI>R.</HI> in and about the pro&s;ecution and &s;olicitation of the &s;ame Suit upon the Bill afore&s;aid for him the &s;aid <HI>E.</HI> &s;hould lay out and expend to him the &s;aid <HI>R.</HI> when in like manner he &s;hould be thereunto required, would well and faithfully content and pay: And although he the &s;aid <HI>R. G.</HI> upon the hope of the faithfull performance of the afore&s;aid pro|mi&s;e and a&s;&s;umption of the afore&s;aid <HI>E</HI> the afore&s;aid, (&s;uch a day and year) did pro&s;ecute for the afore&s;aid <HI>E.</HI> out of the afore&s;aid Court of <HI>Chancery</HI> of our &s;aid Lord the King (the &s;ame Court of <HI>Chancery</HI>
<PB N="210" REF="108">at <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex</HI> then being) the afore&s;aid Writ of <HI>Subpoena,</HI> to the afore&s;aid <HI>W. A. R. M.</HI> and <HI>P.</HI> directed: And although al&s;o the &s;ame <HI>R.</HI> three &s;hillings of lawfull money of <HI>England,</HI> in and about the pro&s;ecution of the &s;ame Writ, to divers Officers, Clerks, and Mini&s;ters of the afore&s;aid Court of <HI>Chancery,</HI> for the afore&s;aid <HI>E.</HI> did then lay out and expend; and although al&s;o the &s;ame <HI>R.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day of <HI>June,</HI> in the Term of the holy <HI>Trinity,</HI> &s;uch a year) afore&s;aid, did cau&s;e to be written and ex|hibited for him the &s;aid <HI>E.</HI> in the afore&s;aid Court of <HI>Chancery</HI> of our &s;aid Lord the King, the &s;ame <HI>Chancery</HI> at <HI>We&s;tmin&s;ter</HI> then being, the afore&s;aid Bill, in the name of him the &s;aid <HI>E.</HI> again&s;t the afore|&s;aid <HI>W. A.</HI> of and concerning the detaining of the &s;aid Writing Obligatory, and the afore&s;aid Suit upon the &s;ame Bill for him the &s;aid <HI>E.</HI> again&s;t the &s;aid <HI>W.</HI> in the &s;ame Court of <HI>Chancery,</HI> in the &s;ame Term of the holy <HI>Trinity,</HI> and the Term of Saint <HI>Michael</HI> then next following, did pro&s;ecute and &s;olicite: And although al&s;o the &s;ame <HI>R. G.</HI> five pounds three &s;hillings and four pence of law|full money of <HI>England,</HI> in and about the exhibiting of the Bill afore|&s;aid, and the pro&s;ecution and &s;olicitation of the Suit afore&s;aid, upon the &s;ame Bill again&s;t the afore&s;aid <HI>W.</HI> in the &s;ame two Terms to divers Officers, Clerks, and Mini&s;ters of the afore&s;aid Court of <HI>Chancery</HI> of our &s;aid Lord the King, for the afore&s;aid <HI>E.</HI> did in like manner de|po&s;ite and lay out: And although over and above three &s;hillings and four pence for the labour of him the &s;aid <HI>R. G.</HI> be&s;towed in and about the pro&s;ecution of the &s;aid Writ of <HI>Subpoena,</HI> and &s;ix &s;hillings and eight pence for the labour of him the &s;aid <HI>R.</HI> in like manner be&s;towed, in and about the exhibiting of the Bill afore&s;aid, and the pro&s;ecution of the Suit thereupon, for the &s;aid <HI>E.</HI> again&s;t the &s;aid <HI>W. A.</HI> in the afore&s;aid two Terms of the holy <HI>Trinity</HI> and Saint <HI>Michael,</HI> toge|ther with the afore&s;aid &s;everall &s;ums of money by him the &s;aid <HI>R. G.</HI> for the afore&s;aid <HI>E.</HI> in form afore&s;aid, laid out and &s;pent; in the whole amounting unto five pounds &s;ixteen &s;hillings and four pence of like money; yet the afore&s;aid <HI>E.</HI> little weighing his promi&s;es and a&s;|&s;umptions, but plotting, and fraudulently intending him the &s;aid <HI>R. G.</HI> in that behalf craftily and &s;ubtilly to deceive and defraud, the fore|&s;aid five pounds &s;ixteen &s;hillings and four pence to him the &s;aid <HI>R. G.</HI> although unto this by him the &s;aid <HI>R.</HI> (&s;uch a day, year, and place afore|&s;aid, and often after) he hath been thereunto reque&s;ted, according to his promi&s;es and a&s;&s;umptions afore&s;aid, hath not as yet paid, nor in any manner contented, but the &s;ame to him hitherto to content or pay, hath altogether refu&s;ed, and yet refu&s;eth, to the damage of him the &s;aid <HI>R. G.</HI> ten pounds; and thereupon he brings Suit, <HI>&amp;c.</HI> Pledges of pro&s;ecuting, <HI>John Doe</HI> and <HI>Richard Roe.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="211" REF="108">
<P>THe Defendant in his Declaration pleads,
<NOTE PLACE="marg">Non a&s;&s;ump&s;it <HI>pleaded.</HI></NOTE> That he did not a&s;&s;ume upon him&s;elf in manner and form, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>BEdford.</HI> &s;&s;. <HI>R. G.</HI> lately of, <HI>&amp;c.</HI> was attached to an&s;wer <HI>T. S.</HI>
<NOTE PLACE="marg"><HI>Ca&s;e for words, Thou art a Lu|natick.</HI> Trin. 21 Jacobi Rot. 1807.</NOTE> Gent. of a Plea, That whereas he the &s;aid <HI>T.</HI> is a good, true, and faithfull Liege Subject of our Lord the King, and his Progenitors, and an under&s;tanding, rationall, and &s;en&s;ible man, and of good Name, Fame, and Conver&s;ation, and of good &s;ound and perfect memory, without any im|putation or touch of lunacie, and ever was, and yet is, &s;ufficient to govern him&s;elf, his Mannors, Lands, and Tenements, and &s;o hath been reputed and accounted, as well among&s;t his Neighbours and other great per&s;ons, venerable and faithfull Subjects of our &s;aid Lord the King, and without any &s;u&s;pition of Madne&s;&s;e or Lunacie, hath deported, behaved, and go|verned him&s;elf, untouched and un&s;potted, from the time of his Nativity hitherto: And whereas al&s;o the &s;ame <HI>T.</HI> hath been long, and yet is &s;eized of, and in the Mannor of <HI>B.</HI> with the Appurtenances, in the afore&s;aid County of <HI>Bedford,</HI> and of and in divers Me&s;&s;uages. Lands, Tenements, and Hereditaments, with the Appurtenances in the afore|&s;aid County of <HI>Beaford,</HI> and el&s;ewhere, within the &s;aid Realm of <HI>England,</HI> to the value of five hundred pounds by the year, and more, in his Deme&s;ne, as of Fee: And whereas al&s;o heretofore, that is to &s;ay, (&s;uch a day and year) by a certain Inqui&s;ition, taken at the Town of <HI>Bed|ford,</HI> in the afore&s;aid County of <HI>B.</HI> the &s;ame day and year before, <HI>F. J.</HI> Knight, <HI>R.F.</HI> E&s;quire, Feodary of our &s;aid Lord the King, of his County afore&s;aid, and <HI>P. F.</HI> E&s;cheator of our &s;aid Lord the King of the &s;ame County of <HI>B.</HI> Commi&s;&s;ioners of our &s;aid Lord the King, by vertue of the Commi&s;&s;ion of the &s;ame King to them directed, by the Oath of ho|ne&s;t and lawfull men of the &s;ame County of <HI>Bedford;</HI> it was found that the afore&s;aid <HI>T. S.</HI> was a Lunatick, &s;o that he was not then, nor before that time, of &s;ufficiency to have the government, and govern his Man|nors, Lands, Tenements, Goods, and Chattells: After which &s;aid In|qui&s;ition &s;o as afore&s;aid found, the afore&s;aid <HI>T. S.</HI> before our &s;aid Lord the King, in his Court of <HI>Wards</HI> and <HI>Liveries,</HI> according to the Law of the Land of this Kingdom of <HI>England,</HI> and the cour&s;e of the &s;ame Court, did obtain licen&s;e to traver&s;e the Inqui&s;ition afore&s;aid, &s;o found as afore&s;aid. After which &s;aid Licen&s;e, &s;o as afore&s;aid obtained, <HI>to wit,</HI> in the Term of <HI>Ea&s;ter,</HI> in the year of the Reign of our Lord the King the twentieth, it was in &s;uch wi&s;e proceeded in the &s;ame Court of our &s;aid Lord the King, of his <HI>Wards</HI> and <HI>Liveries,</HI> that the afore&s;aid <HI>T. S.</HI> by the Order and Decree of the &s;ame Court, was e&s;teemed and adjudged to be an able man, and of &s;ound judgment, and &s;ufficient to govern him&s;elf, his Mannors, Lands, Tenements, Goods, and Chattels, and at that time
<PB N="212" REF="109">of the Inqui&s;ition afore&s;aid taken, he was of good and &s;ound memory, and that he the &s;aid <HI>T.</HI> and his E&s;tate, &s;hould then, and from thence, &s;tand and be di&s;charged from any thing in the &s;ame Inqui&s;ition contained to his prejudice, and from all imputation of Lunacie, as by the &s;ame Decree in the fame Court of our &s;aid Lord the King, of his <HI>Wards</HI> and <HI>Liveries</HI> now remaining upon Record, it may more fully appear: And whereas al&s;o the &s;ame <HI>T. S.</HI> at the time of the taking the Inqui&s;ition afore&s;aid, was po&s;&s;e&s;&s;ed, and ever after hither to was, and is po&s;&s;e&s;&s;ed of divers goods, chattels, and Merchandizes, to the value of &s;even hundred pounds or more; yet the afore&s;aid <HI>R.</HI> not being ignorant of all the Premi&s;es afore&s;aid, being in&s;tigated by a devilli&s;h minde, and plotting and in|tending not only to weaken, damnifie, and di&s;turb the State, Title, In|tere&s;t, and po&s;&s;e&s;&s;ion of him the &s;aid <HI>T.</HI> in the Mannor, Lands, Tene|ments, Goods, Chattels, and Merchandizes of him the &s;aid <HI>T.</HI> afore&s;aid, and to wre&s;t them from him the &s;aid <HI>T.</HI> and him the &s;aid <HI>T.</HI> and the Mannors, Lands, Tenements, Goods, and Chattels afore&s;aid, as Luna|ticks, to bring into the cu&s;tody of our &s;aid Lord the King that now is, unju&s;ty and wickedly, and without any ju&s;t cau&s;e, as al&s;o hurt, detract, and damnifie the good Name, Fame, State, and Liberty of him the &s;aid <HI>T.</HI> and to incurre the lo&s;&s;e of all his Goods and Chattels, (&s;uch a day, year, and place) the&s;e fal&s;e, fained, and &s;candalous words following, to him the &s;aid <HI>T.</HI> and of him the &s;aid <HI>T.</HI> in the pre&s;ence and hear|ing of many the &s;ubjects of our &s;aid Lord the King, then and there pre&s;ent, did &s;peak, pronounce, and publi&s;h in the&s;e <HI>Engli&s;h</HI> words fol|lowing; (that is to &s;ay) <HI>Thou</HI> (meaning the afore&s;aid <HI>T. S.</HI>) <HI>art a Lunatick;</HI> by means of the &s;peaking, pronouncing, and publi&s;hing of which &s;aid feigned, fal&s;e, and &s;candalous words, the &s;aid <HI>T. S.</HI> is not onely in his good Name, Fame, Credit and E&s;tate, very much hurt and wronged, but al&s;o in his Actions, and doing of his lawfull and hone&s;t bu&s;ine&s;&s;e is many ways injured and wor&s;ted, to the damage of him the &s;aid <HI>T.</HI> fourty pounds: And thereupon he the &s;aid <HI>T. S.</HI> by <HI>A B.</HI> his Attorney complaineth, That whereas he the &s;aid <HI>T. S.</HI> is a good, true, and faithfull Subject, <HI>&amp;c.</HI> (And recite the whole word, by word, as before) and thereupon he brings his Suit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>R.</HI> by <HI>L. D.</HI> his Attorney,
<NOTE PLACE="marg">The Defendant pleads &s;pecially, and traver&s;es the words in the Declara|tion.</NOTE> cometh and defendeth the force and injury, when, <HI>&amp;c.</HI> and the &s;aid <HI>R.</HI> by prote&s;tation, &s;aith, That after the Inqui&s;ition afore&s;aid, in form afore&s;aid found, the afore&s;aid <HI>T. S.</HI> did not obtain licen&s;e to traver&s;e the &s;ame Inqui&s;ition &s;o found as afore&s;aid; by prote&s;tation al&s;o, that after the &s;ame licen&s;e obtained, (that is to &s;ay) the afore&s;aid Term of <HI>Fa&s;ter,</HI> in the eigh|teenth year afore&s;aid of our &s;aid Lord the King that now is, it was not in that manner proceeded in the afore&s;aid Court of our &s;aid Lord the King, of his <HI>Wards</HI> and <HI>Liveries,</HI> that the afore&s;aid <HI>T. S.</HI> by the Order and Decree of the &s;ame Court, was e&s;teemed and adjudged to be an able man, of &s;ound judgement, and &s;ufficient to govern
<PB N="213" REF="109">him&s;elf, his Mannors, Lands, Tenements, Goods, and Chattels, and at the time of the inqui&s;ition afore&s;aid taken, was of good and &s;ound Memory; and further, That he the &s;aid <HI>T. S.</HI> and his E&s;tate then and from thence after &s;hould &s;tand and be di&s;charged from any matter in the &s;ame inqui&s;ition contained, to his prejudice, and from the impu|tation of Lunacy, as the afore&s;aid <HI>T. S.</HI> by his Writ and Declaration afore&s;aid hath above therein &s;uppo&s;ed. For Plea, he the &s;aid <HI>R.</HI> &s;aith, That it is well and true, that by the inqui&s;ition afore&s;aid in manner and form afore&s;aid taken, it was found, that the afore&s;aid <HI>T. S.</HI> was a Lunatick, &s;o that he was not then, nor before that time, &s;ufficient to have the Rule, and Government of his Mannors, Me&s;&s;uages, Lands, Tenements, Goods, and Chattels; by which he the &s;aid <HI>R.</HI> (the afore|&s;aid Day and year in the Declaration) afore&s;aid above &s;pecified &s;pake of the afore&s;aid <HI>T. S.</HI> the&s;e Engli&s;h words following (that is to &s;ay) Thou (meaning the &s;aid <HI>T.</HI>) wa&s;t a Lunatick,
<NOTE PLACE="marg">Traver&s;e.</NOTE> as it was lawful for him to do, without that, That he the &s;aid <HI>R.</HI> &s;pake of the afore&s;aid <HI>T.</HI> the afore&s;aid Engli&s;h words in the Declaration afore&s;aid above &s;pecified (that is to &s;ay) Thou (meaning him the &s;aid <HI>T.</HI>) art a Lunatick, as the afore&s;aid <HI>T.</HI> hath above again&s;t him declared, and this he is ready to aver, <HI>&amp;c.</HI>
<NOTE PLACE="marg">I&s;&s;ue upon the Traver&s;e.</NOTE></P>
<P>And the afore&s;aid <HI>T.</HI> &s;ays, That he, by any thing by him the &s;aid <HI>R.</HI> before alledged, ought not to be debarred from having his Action a|fore&s;aid, becau&s;e he &s;aith, That the afore&s;aid <HI>R.</HI> &s;pake of the afore&s;aid <HI>T.</HI> the afore&s;aid Engli&s;h words in the Declaration afore&s;aid above &s;pe|cified (that is to &s;ay) Thou (meaning him the &s;aid <HI>T.</HI>) art a Lunatick, as the afore&s;aid <HI>T.</HI> hath above again&s;t him complained; and this he prays may be enquired of by the Country, and the afore&s;aid <HI>R.</HI> in like man|ner, therefore command is given to the Sheriffe, that he cau&s;e to come twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Huntingdon &s;&s;.</HI> M. <HI>W.</HI> Gentleman was attached by a writ of privi|ledge of our &s;aid Lord the King,
<NOTE PLACE="marg"><HI>Ca&s;e by a &s;urety again&s;t the principal for not &s;aving him harmle&s;s.</HI> Trin. 20 Jac. <HI>Rot.</HI> 3281.</NOTE> to an&s;wer <HI>R. S.</HI> one of the Attorneys, <HI>&amp;c.</HI> according to the Liberties, <HI>&amp;c.</HI> of a Plea of Tre&s;pa&s;s upon the Ca&s;e, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>R.</HI> in his proper per&s;on complains, That whereas he (&s;uch a Day and Year) at <HI>G.</HI> at the &s;pecial in&s;tance and reque&s;t of him the &s;aid <HI>M.</HI> and for the Debt of him the &s;aid <HI>M.</HI> by his Writing obligatory had become bound and ob|liged together with him the &s;aid <HI>M.</HI> to one <HI>A. W.</HI> Widow, in two and twenty pounds of lawful Mony of <HI>England,</HI> with condition upon the &s;ame Writing indor&s;ed for the true payment of ten pounds ten &s;hil|lings of like Mony upon (&s;uch a Day) then next following, the afore|&s;aid <HI>M.</HI> in con&s;ideration thereof, the afore&s;aid (&s;uch a Day and Year afore&s;aid) at <HI>G.</HI> afore&s;aid did a&s;&s;ume upon him&s;elf to him the &s;aid <HI>R.</HI> did then and there faithfully promi&s;e, That he the afore&s;aid <HI>M.</HI>
<PB N="214" REF="110">the &s;ame <HI>R.</HI> from the Writing obligatory afore&s;aid, and of the afore|&s;aid twenty pounds in the &s;ame Writing contained, as al&s;o from all Suits for the afore&s;aid twenty pounds, again&s;t the &s;aid <HI>A. W.</HI> would di&s;charge and &s;ave harmle&s;s, yet the afore&s;aid <HI>M.</HI> his Promi&s;e and A&s;|&s;umption afore&s;aid little weighing, but plotting and fraudulently in|tending him the &s;aid <HI>R.</HI> in that behalf craftily and &s;ubtilly to deceive and defraud, the afore&s;aid ten pounds and ten &s;hillings in the conditi|on afore&s;aid above &s;pecified to the &s;aid <HI>A. W.</HI> hath not payd, nor him the &s;aid <HI>R</HI> again&s;t the &s;aid <HI>A. W.</HI> of the afore&s;aid twenty two pounds, according to his Promi&s;e and A&s;&s;umption afore&s;aid, hath hitherto in any manner di&s;charged, or &s;aved harmle&s;s, by the which the &s;ame <HI>A. W.</HI> afterwards, that is, to wit, in the Term of St. <HI>Michael,</HI> in the eigh|teenth year of the Kings Reign that now is, did implead him the &s;aid <HI>R.</HI> of and upon the &s;aid writing obligatory, by an original Writ of our &s;aid Lord the King by her the &s;aid <HI>A.</HI> (the Date of the Original) then la&s;t pa&s;t, out of the Court of <HI>Chancery</HI> of our &s;aid Lord the King (the &s;ame <HI>Chancery</HI> at <HI>We&s;tmin&s;ter</HI> in the County of <HI>Middle&s;ex</HI> then being) i&s;&s;ued forth and pro&s;ecuted, directed to the then Sheriff of the afore&s;aid County of <HI>Huntingdon,</HI> and returnable and returned before the Ju&s;tices of our &s;aid Lord the King of the afore&s;aid Bench, the &s;ame Term of St. <HI>Michael,</HI> upon which &s;aid Writ, it was in &s;uch manner proceeded in the &s;ame Court here between the &s;aid <HI>A.</HI> and him the &s;aid <HI>R.</HI> after his appearing in the &s;ame Court here upon the Plea afore&s;aid, that the a|fore&s;aid <HI>A.</HI> after, to wit, in the Term of St. <HI>Michael,</HI> in the nineteenth year of the King that now is, before <HI>Henry Hobart</HI> Knight and Baronet, and his Fellows, then Ju&s;tices of our &s;aid Lord the King of his Bench here, to wit, at <HI>We&s;tmin&s;ter</HI> afore&s;aid, by the con&s;ider<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ation of the &s;ame Court, did recover again&s;t him the &s;aid <HI>R.</HI> as well the afore&s;aid De<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">t of twenty pounds, as forty &s;hillings, which to her the &s;aid <HI>A.</HI> in the &s;ame Court here were adjudged for her Damages which &s;he had by rea&s;on of the detaining of the &s;ame Debt, whereof he was convicted; and he the &s;aid <HI>R.</HI> afterwards, that is to &s;ay (&s;uch a Day and Year) to avoyd the impri&s;onment of his Body and other burdens an<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> expences, was compelled to pay and &s;atisfie to her the &s;aid <HI>A.</HI> the Debt and Damages afore&s;aid by the afore&s;aid <HI>A.</HI> again&s;t him the &s;aid <HI>R.</HI> in form afore&s;aid recovered, whereby he the &s;aid <HI>R.</HI> in his Goods and Chattels was very much damnified, to the great oppre&s;&s;ion of the State of him the &s;aid <HI>R.</HI> and to the Damage of him the &s;aid <HI>R.</HI> forty pounds, and thereupon, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Heref.</HI> &s;&s;. D. <HI>Late of,</HI>
<NOTE PLACE="marg"><HI>Ca&s;e u<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">on a promi&s;e for the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">oan of a Ma<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e which was kil|led in riding.</HI> Hil 22 Jacobi Regis, <HI>Rot.</HI> 215</NOTE> <HI>&amp;c was attached to an&s;wer</HI> H. P. <HI>of a Plea, That whereas the afore&s;aid</HI> D. <HI>(&s;uch a day, year, and place) in con&s;ideration that he the &s;aid</HI> H. <HI>at the &s;pecial in&s;tance and reque&s;t of him the &s;aid</HI> D. <HI>would lend to him the &s;aid</HI> D. <HI>a certain Mare of his the &s;aid</HI> H. <HI>for one</HI> G. D. <HI>the Son of him the &s;aid</HI> D. <HI>to ride and journey upon
<PB N="215" REF="110">the &s;ame Mare from the Town of</HI> L. <HI>in the County of</HI> Cardigan, <HI>unto</HI> D. <HI>in the County of</HI> Carmarthen, <HI>did a&s;&s;ume upon him, and to him the &s;aid</HI> H. <HI>did then and there, to wit (&s;uch a day, and year, and place afore&s;aid) faithfully promi&s;e, that he the &s;aid</HI> G. <HI>the afore&s;aid Mare in the Journey afore&s;aid, would in no manner overload, or any ways oppre&s;s, but the &s;ame Mare, when he &s;hould be thereunto required, to him the &s;aid</HI> H. <HI>would &s;afely deliver, and he the &s;aid</HI> H. <HI>in Fact &s;aith, That he tru&s;ting to the afore&s;aid Promi&s;e and A&s;&s;umption of the afore&s;aid</HI> D. <HI>afterwards (to wit the afore&s;aid day, year, and place) did lend the afore&s;aid</HI> D. <HI>the Mare afore&s;aid, for the &s;aid</HI> G. <HI>to ride and journey upon the &s;ame Mare as a|fore&s;aid, and that the afore&s;aid</HI> G. <HI>the Mare afore&s;aid in the journey a|fore&s;aid did &s;o far provoke, over-labor, and with &s;uch burdens overload, that the Mare afore&s;aid, by the over-labor, riding, and overloading a|fore&s;aid, dyed, and &s;o the afore&s;aid</HI> D. <HI>his Promi&s;e and A&s;&s;umption afore|&s;aid hath not performed or fulfilled, to the Damage of him the &s;aid</HI> H. <HI>twenty pounds, and whereupon the &s;ame</HI> H. <HI>by</HI> W. Colley <HI>his Attorney complains, That whereas the afore&s;aid</HI> D. <HI>(&s;uch a day, year, and place) and &s;o word by word as before: And thereupon he bringeth Suit, &amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>London &s;&s;.</HI> J. <HI>C.</HI> complains of <HI>J. G.</HI>
<NOTE PLACE="marg">Ca&s;e for Mary promi&s;ed to one for procuring a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> Pardon for on<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> indicted for Felony and Burglary.</NOTE> the elder in the cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> for that whereas one <HI>S. D.</HI> and <HI>E. G.</HI> the younger, Son of the afore&s;aid <HI>E. G.</HI> the elder (the fourth day of <HI>Fe|bruary,</HI> in the third year, <HI>&amp;c.</HI>) &s;tood indicted, for that they (&s;uch a Day and Year) by Force and Arms, <HI>&amp;c.</HI> the dwelling Hou&s;e of one <HI>E. G.</HI> E&s;quire, at <HI>B.</HI> in the County of <HI>E&s;&s;ex,</HI> about the eleventh hour in the Night of the &s;ame Day, did Feloniou&s;ly break and enter, and two hundred and fifty pounds in Mony numbered, and divers other Goods and Chattels, to the value of twenty &s;ix pounds of the Goods and Chattels of him the &s;aid <HI>E. G.</HI> E&s;q then and there found, did Fe|loniou&s;ly and Burglarily take and carry away, again&s;t the Peace of our &s;aid Lord the King that now is, his Crown and Dignity; and whereas al&s;o he the &s;aid <HI>J. C.</HI> the &s;ame fourth Day of <HI>February, &amp;c.</HI> at <HI>London,</HI> in the Pari&s;h, <HI>&amp;c.</HI> by the means, labor, indu&s;try, and humble Petition of him the &s;aid <HI>J. G.</HI> had procured and obtained of and from his mo&s;t Excellent Maje&s;ty our Lord King <HI>James,</HI> now King of <HI>England,</HI> his Letters Patents with his great Seal of <HI>England</HI> &s;ealed, bearing Date at <HI>We&s;tm.</HI> the afore&s;aid fourth day of <HI>February, &amp;c.</HI> by which &s;aid Let|ters Patents, he the &s;aid Lord the King that now is, for him&s;elf, his Heirs and Succe&s;&s;ors of his e&s;pecial Grace, and of his meer motion and certain knowledg did pardon, promi&s;e, and relea&s;e to the afore&s;aid <HI>S, D.</HI> and <HI>E. G.</HI> the younger, the Felony and Burglary afore&s;aid, and all other Offences, Tre&s;pa&s;&s;es, and wicked Deeds, in any manner, touch|ing or concerning the afore&s;aid Felony and Burglary, and the Acce&s;&s;e|ries
<PB N="216" REF="111">of them, and the flight and flights thereupon made, and all and &s;ingular Indictments, Judgments, Condemnations, Executions, pains of Death, corporal pains and puni&s;hments, and Impri&s;onments, and all other pains and penalties what&s;oever, in, upon, or again&s;t them the &s;aid <HI>S. D.</HI> and <HI>E. G.</HI> the younger, or either of them, for the Premi&s;&s;es, or any of the Premi&s;&s;es, had, made, rendered, or adjudged, or then af|terwards to be had, made, rendered, or adjudged, as by the &s;ame Let|ters Patents, among&s;t other things, is more fully contained: And whereas al&s;o he the &s;aid <HI>J. C.</HI> afterwards, to wit (&s;uch a Day. Year, and place) was po&s;&s;e&s;&s;ed and had in his hands and cu&s;tody the &s;ame Letters Patents: And whereas al&s;o the afore&s;aid <HI>S. D</HI> and <HI>E. G.</HI> the younger, then and there were indebted to him the &s;aid <HI>J C.</HI> in two and forty pounds of lawful Mony of <HI>England,</HI> which &s;aid two and forty pounds he the &s;aid <HI>J. C.</HI> then before had expended, layd out, and disbur&s;ed, a|bout the procuring, pro&s;ecuting, and obtaining of the afore&s;aid Letters Patents, he the &s;aid <HI>E. G.</HI> the elder, afterwards, to wit (&s;uch a Day, Year, and place) in con&s;ideration that he the &s;aid <HI>J. C.</HI> at the e&s;pecial in&s;tance and reque&s;t of him the &s;aid <HI>E. G.</HI> the elder, the afore&s;aid Letters Patents, by which he the &s;aid <HI>S.</HI> and the afore&s;aid <HI>E. G.</HI> the younger, from the Felony and Burglary afore&s;aid, &s;hould be acquit|ed, and in con&s;ideration of two pence, of lawful Mony of <HI>England,</HI> to him the &s;aid <HI>E. G.</HI> the elder, by the afore&s;aid <HI>J. C.</HI> then and there well and faithfully payd, did a&s;&s;ume upon him&s;elf, and to him the &s;aid <HI>J. C.</HI> did then and there faithfully promi&s;e. That if he the &s;aid <HI>J. D.</HI> &s;hould not content and pay to him the &s;aid <HI>J. C.</HI> the afore&s;aid two and forty pounds within one year then next following, that the he the &s;aid <HI>E. G.</HI> the elder, the &s;ame two and &s;orty pounds to him the &s;aid <HI>J. C.</HI> would well and fully content and pay: And he the &s;aid <HI>J. C.</HI> in fact &s;aith, That he the &s;aid <HI>J.</HI> at the &s;aid in&s;tance and reque&s;t of him the &s;aid <HI>E. G.</HI> the elder, afterwards, to wit the &s;ame (&s;uch a Day, and Year, and place afore&s;aid) did deliver to him the &s;aid <HI>E G.</HI> the elder, the afore&s;aid Letters Patents, by which he the &s;aid <HI>S</HI> and the afore&s;aid <HI>E. G.</HI> the younger, from the Felony and Burglary afore&s;aid were ac|quitted: And further he the &s;aid <HI>J. C.</HI> in fact &s;aith, That the afore|&s;aid <HI>S. D.</HI> within the afore&s;aid one year then next following, or at any time hitherto hath not contented or payd the afore&s;aid <HI>J. C.</HI> the afore|&s;aid two and forty pounds, nor any parcel thereof, yet the afore&s;aid <HI>E. G.</HI> the elder, little regarding his Promi&s;e and A&s;&s;umption afore&s;aid, and fraudulently intending the afore&s;aid <HI>J C.</HI> in that behalf craftily and &s;ubtilly to deceive and defraud, the afore&s;aid two and forty pounds to the afore&s;aid <HI>J. C.</HI> hath not as yet payd, nor in any manner for the &s;ame hitherto given content, although to do this he the &s;aid <HI>E. G.</HI> the elder, by the afore&s;aid <HI>J. C.</HI> afterwards, to wit, the eleventh Day of <HI>October,</HI> in the tenth year of the King, at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid, hath been thereunto required, by which he the &s;aid <HI>J C.</HI>
<PB N="217" REF="111">the whole commodity, profit and advantage, which he with the afore|&s;aid forty two pounds, by buying, &s;elling, and lawfully bargaining, was able to have had and gained (if the afore&s;aid <HI>E. G.</HI> had performed his Promi&s;e and A&s;&s;umption afore&s;aid in form afore&s;aid made) hath total|ly lo&s;t, and is deprived of, whereupon he the &s;aid <HI>J. C.</HI> &s;ays, That he is damnified, and hath Damage to the value of a hundred pounds, and thereupon he bringeth Suit, <HI>&amp;c.</HI> Pledges of pro&s;ecuting, <HI>John Doe</HI> and <HI>Richard Roe.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Su&s;&s;ex &s;&s;.</HI> E. <HI>S.</HI> and <HI>T. B.</HI> complain of <HI>T. S.</HI>
<NOTE PLACE="marg">Ca&s;e upon a promi&s;e to pay Mony upon a Wager.</NOTE> in the cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> for that, whereas (&s;uch a Day, Year, and Place) in the County afore&s;aid, certain communication was had and moved between the afore&s;aid <HI>E. T. B.</HI> and the afore&s;aid <HI>T. S.</HI> concern|ing &s;even Quarters of Barly in a Waggon, with a Team of three Hor&s;es and two Mares from the bottom of <HI>Littleton hill</HI> in <HI>Waltham</HI> afore&s;aid in the afore&s;aid County of <HI>Su&s;&s;ex,</HI> unto the top of the &s;ame Hill before the fir&s;t Day of <HI>May,</HI> commonly called <HI>May-day</HI> then next following by them the &s;aid <HI>E.</HI> and <HI>T. B.</HI> to be carryed; upon which &s;aid commu|nication he the &s;aid <HI>T. S.</HI> then and there, to wit, the afore&s;aid (&s;uch a Day, Year, and Place) in the County afore&s;aid, in con&s;ideration that the afore&s;aid <HI>E. S.</HI> and <HI>T. B.</HI> for two &s;hillings and five pence of lawful Mony of <HI>England</HI> to them by the afore&s;aid <HI>T. S.</HI> at that time delivered, had then and there a&s;&s;umed upon them&s;elves, and to the afore&s;aid <HI>T. S.</HI> hath faithfully promi&s;ed. That they the &s;aid <HI>E.</HI> and <HI>T. B.</HI> the &s;aid &s;even Quarters of Barly in a Waggon, with a Team of three Hor&s;es and two Mares, from the bottom of <HI>Littleton-hill</HI> afore&s;aid in <HI>W.</HI> afore&s;aid un|to the top of the &s;ame Hill before the fir&s;t day of <HI>M.</HI> commonly called <HI>May-day</HI> then next following, would carry, or otherwi&s;e that they the &s;aid <HI>E.</HI> and <HI>T. B.</HI> eight pounds of lawful Mony of <HI>England</HI> to him the &s;aid <HI>T. S.</HI> would pay, did a&s;&s;ume upon him&s;elf, and to the afore&s;aid <HI>E.</HI> and <HI>T. B.</HI> did then and there faithfully promi&s;e, That if they the &s;aid <HI>E.</HI> and <HI>T. B.</HI> the &s;aid &s;even Quarters of Barly in a Waggon, with a Team of three Hor&s;es and two Mares, from the bottom of <HI>Littleton hill</HI> in <HI>W.</HI> afore&s;aid unto the top of the &s;ame Hill before the fir&s;t of <HI>May,</HI> com|monly called <HI>May-day</HI> then next following, &s;hould carry, that then he the &s;aid <HI>T. S.</HI> (over and above the afore&s;aid two &s;hillings and five pence to them the &s;aid <HI>E.</HI> and <HI>T. B.</HI> by the afore&s;aid <HI>T. S.</HI> as afore&s;aid deli|vered) as much more Mony, as together with the &s;ame two &s;hillings and five pence &s;hould amount unto the Sum of ten pounds of lawful, <HI>&amp;c.</HI> to them the &s;aid <HI>E.</HI> and <HI>T. B.</HI> would pay; and the afore&s;aid <HI>E.</HI> and <HI>T. B.</HI> in fact &s;ay, That they the &s;aid <HI>E.</HI> and <HI>T. B.</HI> afterwards, and before the &s;aid fir&s;t Day of <HI>May,</HI> to wit (&s;uch a Day and Year) &s;even Quar|ters of Barly, <HI>&amp;c.</HI> with a Team, <HI>&amp;c.</HI> from the top, <HI>&amp;c.</HI> they did carry. And that they the &s;aid <HI>E.</HI> and <HI>T. B.</HI> afterwards, to wit (&s;uch a Day,
<PB N="218" REF="112">Year, and Place) thereof, gave to the afore&s;aid <HI>T. S.</HI> notice, and then and there reque&s;ted the afore&s;aid <HI>T. S.</HI> to pay to them the &s;aid <HI>E.</HI> and <HI>T. B.</HI> nine pounds &s;eventeen &s;hillings and &s;even pence of lawful, <HI>&amp;c.</HI> being &s;o much Mony, as together with the afore&s;aid two &s;hillings and five pence to the afore&s;aid <HI>E.</HI> and <HI>T. B.</HI> formerly delivered as afore|&s;aid, amounting to ten pounds, according to the Promi&s;e and A&s;&s;ump|tion of him the &s;aid <HI>T. S.</HI> afore&s;aid; yet the afore&s;aid <HI>T. S.</HI> little re|garding his Promi&s;e and A&s;&s;umption afore&s;aid, but plotting and frau|dulently intending the afore&s;aid <HI>E.</HI> and <HI>T. B.</HI> in that behalf craftily and &s;ubtilly to deceive and defraud, the afore&s;aid nine pounds &s;eventeen &s;hillings and &s;even pence unto the afore&s;aid <HI>E.</HI> and <HI>T. B.</HI> although he the &s;aid <HI>T. S.</HI> unto this, by them the &s;aid <HI>E.</HI> and <HI>T. E.</HI> afterwards, to wit (&s;uch a Day, Year, and Place) he hath been reque&s;ted, according to his Promi&s;e and A&s;&s;umption afore&s;aid he hath not payd, nor in any manner for the &s;ame hitherto given content, by which they the &s;aid <HI>E.</HI> and <HI>T. B.</HI> divers great profits and gains, which they with the afore&s;aid nine pounds &s;eventeen &s;hillings and five pence by lawful buying, &s;ell|ing, and bargaining, if the afore&s;aid <HI>T. S.</HI> his Promi&s;e and A&s;&s;umption afore&s;aid had well and faithfully performed, might have had and gain|ed, by default of performance thereof have totally lo&s;t and are depri|ved of; whereupon they the &s;aid <HI>E.</HI> and <HI>T. B.</HI> &s;ay they are damnified, and have Damage to the value of twenty pounds, and thereupon they bring their Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>London &s;&s;.</HI> L. <HI>C.</HI> complains of <HI>R. P.</HI> and <HI>E</HI> his Wife,
<NOTE PLACE="marg">Ca&s;e for meat, drink, and lodg|ing, had by the wife while&s;t &s;he was &s;ole, brought again&s;t Husband and Wi&s;e.</NOTE> in the cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> for that whereas the afore&s;aid <HI>E.</HI> while&s;t &s;he was Sole, to wit (&s;uch a Day, Year, and Place) in con&s;ine|ration that the afore&s;aid <HI>L</HI> at the e&s;pecial in&s;tance and reque&s;t of the afore&s;aid <HI>E.</HI> while&s;t &s;he was Sole, would receive into his Hou&s;e at <HI>L.</HI> in the Pari&s;h, <HI>&amp;c.</HI> the afore&s;aid <HI>E.</HI> while&s;t &s;he was Sole, as a Sojourner with him the &s;aid <HI>L.</HI> and the &s;ame <HI>E.</HI> while&s;t &s;he was Sole, would finde and give Meat, Drink, and Lodging, as long as they the &s;aid <HI>L.</HI> and <HI>E.</HI> &s;hould plea&s;e, the &s;ame <HI>E.</HI> in con&s;ideration thereof did a&s;&s;ume up|on her &s;elf, and to him the &s;aid <HI>L.</HI> then and there while&s;t &s;he was Sole, to wit (&s;uch a Day, Year, and Place) &s;aithfully promi&s;e, That &s;he the &s;aid <HI>E.</HI> would well and faithfully content and pay to him the &s;aid <HI>L.</HI> &s;o much for her Meat, Drink, and Lodging afore&s;aid, for &s;uch time as the afore&s;aid <HI>E.</HI> with the afore&s;aid <HI>L.</HI> in the Hou&s;e of him the &s;aid <HI>L.</HI> afore&s;aid &s;hould remain a So journer, as he the &s;aid <HI>L.</HI> &s;hould rea&s;on|ably therefore de&s;erve; and he the &s;aid <HI>L.</HI> in fact &s;aith, That he the &s;aid <HI>L.</HI> at the &s;aid in&s;tance and reque&s;t of the afore&s;aid <HI>E.</HI> while&s;t &s;he was Sole, afterwards, to wit, the afore&s;aid (&s;uch a Day and Year) into his Hou&s;e afore&s;aid in <HI>L.</HI> afore&s;aid, the &s;aid <HI>E.</HI> as a Sojourner with
<PB N="219" REF="112">him the &s;ame <HI>L.</HI> he did receive, and that the afore&s;aid <HI>E.</HI> while&s;t &s;he was Sole in the Hou&s;e of him the &s;aid <HI>L.</HI> afore&s;aid (&s;uch a Day and Year) afore&s;aid, and from thence by the &s;pace of two years then next following at <HI>L.</HI> afore&s;aid did remain, and that he the &s;aid <HI>L.</HI> did find and give to her the &s;aid <HI>E.</HI> while&s;t &s;he was Sole, Meat, Drink, and Lodging by the whole time afore&s;aid, in the Hou&s;e of him the &s;aid <HI>L</HI> afore&s;aid: And he the &s;aid <HI>L.</HI> further in fact &s;aith, That he the &s;aid <HI>L.</HI> for Meat, Drink, and Lodging afore&s;aid found and given to the afore&s;aid <HI>E.</HI> for the afore&s;aid two years, did rea&s;onably de&s;erve to have twenty pounds; yet the afore&s;aid <HI>E.</HI> while&s;t &s;he was Sole, and the afore&s;aid <HI>R.</HI> and <HI>E.</HI> after E&s;pou&s;als between them celebrated, little regarding the Promi&s;e and A&s;&s;umption afore&s;aid of the afore&s;aid <HI>E.</HI> while&s;t &s;he was Sole, as afore&s;aid made, but plotting and fraudulently intending the afore&s;aid <HI>L.</HI> in that behalf craftily and &s;ubtilly to deceive and defraud, the afore|&s;aid <HI>E.</HI> while&s;t &s;he was Sole, nor the afore&s;aid <HI>R.</HI> and <HI>E.</HI> after E&s;pou|&s;als between them celebrated, the afore&s;aid twenty pounds to the a|fore&s;aid <HI>L.</HI> they have not as yet payd, nor either of them hath payd (although the afore&s;aid <HI>E.</HI> while&s;t &s;he was Sole, to wit (&s;uch a Day, Year, and Place) by the afore&s;aid <HI>L.</HI> was thereunto required;) and the afore&s;aid <HI>R.</HI> and <HI>E.</HI> in like manner, after E&s;pou&s;als between them ce<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">e|brated, to wit (&s;uch a Day, Year, and Place) by the afore&s;aid <HI>L.</HI> have been thereunto required; whereupon he the &s;aid <HI>L.</HI> &s;ays, That he is damnified, and hath Damage to the value of forty pounds, and thereof he bringeth Suit. Pledges of pro&s;ecuting, <HI>John Doe,</HI> and <HI>Richard Roe.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>London &s;&s;.</HI> BE it remembered, That heretofore, to wit,
<NOTE PLACE="marg">For a Keeper of a Pri&s;on for meat, drink, &amp; lodging for a Pri&s;oner.</NOTE> in the Term of Saint <HI>Hillary</HI> la&s;t pa&s;t, before our Lord <HI>James,</HI> late King of <HI>England</HI> at <HI>We&s;tmin&s;ter,</HI> came <HI>Aquila Weeks,</HI> Gentleman, by <HI>Richard Antrobus</HI> his Attorney, and brought here into the Court of our &s;aid late Lord the King, then there, his certain Bill again&s;t <HI>J. A.</HI> in the cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> of a Plea of Tre&s;pa&s;s upon the Ca&s;e: And there were Pledges of pro&s;ecuting, to wit, <HI>John Doe</HI> and <HI>Richard Roe:</HI> Which &s;aid Bill follows in the&s;e words: <HI>London &s;&s;. Aquila Weeks</HI> Gentleman, complains of <HI>J. A.</HI> in the Cu&s;tody of the Mar&s;hal of the Mar&s;hal&s;ey of our Lord the King, before the &s;aid King, being, for that (that is to &s;ay) whereas the afore&s;aid <HI>A.</HI> (&s;uch a Day and Year) and long before, and always after, hitherto was, and yet is Keeper of the Pri&s;on of the Dean and Chapter of the Collegiate Church of Saint <HI>Peter</HI> at <HI>We&s;tmin&s;ter,</HI> called the <HI>Gate-hou&s;e</HI> at <HI>We&s;t|min&s;ter</HI> afore&s;aid in the County of <HI>Middle&s;ex:</HI> And whereas al&s;o he the &s;aid <HI>J.</HI> the afore&s;aid (&s;uch a Day and Year) was in due manner committed to the afore&s;aid Pri&s;on, under the Cu&s;tody of the afore&s;aid <HI>A.</HI> charged, among&s;t other things, in Execution for fifty pounds of
<PB N="220" REF="113">Debt, and twenty &s;hillings for Damages, at the Suit of <HI>C. B.</HI> And he the &s;aid <HI>J.</HI> being &s;o in the Pri&s;on afore&s;aid detained, under the cu&s;tody of him the &s;aid <HI>A.</HI> afterwards, to wit (&s;uch a Day, Year, and place) in con&s;ideration that the afore&s;aid <HI>A.</HI> at the e&s;pecial in&s;tance and re|que&s;t of him the &s;aid <HI>J.</HI> would allow and provide for him the &s;aid <HI>J.</HI> a convenient Lodging, as al&s;o meat and drink &s;ufficient during the time that he the &s;aid <HI>J.</HI> in the Pri&s;on afore&s;aid &s;hould remain, did a&s;&s;ume up|on him&s;elf, and the afore&s;aid <HI>A.</HI> then and there, to wit, at <HI>L.</HI> afore|&s;aid, in the Pari&s;h, <HI>&amp;c.</HI> faithfully promi&s;e, that he the &s;aid <HI>J.</HI> one and twenty &s;hillings for the afore&s;aid Lodging, Meat, and Drink for each Week, wherein he the &s;aid <HI>J.</HI> &s;o in Pri&s;on afore&s;aid, &s;hould remain (that is to &s;ay) twelve pence for every Meal and twelve pence for his Lodg|ing for every night, and &s;o according to that rate to him the &s;aid <HI>A.</HI> would well and &s;aithfully content and pay: And he the &s;aid <HI>A.</HI> in fact &s;aith, That he at the afore&s;aid in&s;tance and reque&s;t of him the &s;aid <HI>J.</HI> did allow and provide for him the &s;aid <HI>J.</HI> Lodging convenient, as al|&s;o Meat and Drink &s;ufficient, during the time wherein he the &s;aid <HI>J.</HI> in the Pri&s;on afore&s;aid remained: And he the &s;aid <HI>A.</HI> in fact further &s;aith, That the afore&s;aid <HI>J.</HI> in the Pri&s;on afore&s;aid, under the Cu&s;tody of him the &s;aid <HI>A.</HI> remained, from the afore&s;aid eleventh Day of <HI>April</HI> (in &s;uch a Year) afore&s;aid, unto the &s;ixth day of <HI>Augu&s;t</HI> then next following (that is to &s;ay) by the &s;pace of &s;ixteen weeks and five days, and that by the &s;ame time, according to the rate afore&s;aid, &s;eventeen pounds and eleven &s;hillings by him the &s;aid <HI>J.</HI> to him the &s;aid <HI>A.</HI> for Lodging, Meat and Drink afore&s;aid, were due, yet the afore&s;aid <HI>J.</HI> his Promi&s;e and A&s;&s;umption afore&s;aid little regarding, but plotting and fraudulently intending the afore&s;aid <HI>A.</HI> in that behalf craftily and &s;ubtilly to deceive and defraud, the afore&s;aid &s;eventeen pounds and eleven &s;hillings or any parcel thereof to the afore&s;aid <HI>A.</HI> hath not as yet payd, nor in any manner for the &s;ame hitherto given content; although to do this, he the &s;aid <HI>J.</HI> by the afore&s;aid <HI>A.</HI> afterwards, to wit (&s;uch a Day, Year, and place) he hath been thereunto required: whereupon he &s;ays, that he is damnified, and hath Damage to the value of thirty pounds: And thereof he bringeth Suit, <HI>&amp;c.</HI> And now here at this day, to wit, on <HI>Wedne&s;day</HI> next, after fifteen days of <HI>Ea&s;ter,</HI> in this &s;ame Term, unto which Day the afore&s;aid <HI>J.</HI> had licen&s;e to imparl to the Bill afore&s;aid, and then to an&s;wer, <HI>&amp;c.</HI> Before which Day, our Lord King <HI>James,</HI> late King of <HI>England,</HI> dyed: At which Day, before our Lord King <HI>Charls,</HI> now King of <HI>England,</HI> at <HI>We&s;tmin&s;ter,</HI> came as well the afore&s;aid <HI>A.</HI> by his Attorney afore&s;aid, as the afore&s;aid <HI>J.</HI> by <HI>William Town&s;end</HI> his At|torney: And the &s;ame <HI>J.</HI> defends the Force and Injury, when, <HI>&amp;c.</HI> and &s;ays, That he did not a&s;&s;ume upon him&s;elf in manner and form as the afore&s;aid <HI>A.</HI> above again&s;t him complaineth: And upon this he puts him&s;elf upon the Country, and the afore&s;aid <HI>A.</HI> in like man|ner; therefore let the Jury thereupon come before our Lord the
<PB N="211" REF="113">King at <HI>We&s;tmin&s;ter,</HI> on <HI>Thur&s;day</HI> next after one month of <HI>Ea&s;ter:</HI> And who neither, <HI>&amp;c.</HI> To recognize, <HI>&amp;c.</HI> Becau&s;e, as well, <HI>&amp;c.</HI> The &s;ame day is given to the parties afore&s;aid here, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>A <HI>C.</HI> and <HI>M.</HI> his Wife,
<NOTE PLACE="marg"><HI>London,</HI> &s;&s;. <HI>Ca&s;e for an Exccutrix up|on a promi&s;e for goods de|livered to workmen.</HI></NOTE> Executrix of the la&s;t Will and Te&s;ta|ment of <HI>R. A.</HI> her late Husband decea&s;ed, complain of <HI>R. W.</HI> Gentleman, in the cu&s;tody of the Mar&s;hall, <HI>&amp;c.</HI> For that (that is to &s;ay) Whereas one <HI>Randall Crew,</HI> Knight, intended to frame and build at his the &s;aid <HI>R.</HI> proper co&s;ts, and to his own proper u&s;e, a certain Structure in the City of <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex,</HI> and imployed <HI>S. C.</HI> and <HI>T. W.</HI> as the Workmen of him the &s;aid <HI>R.</HI> to frame and build the Structure afore&s;aid, for him the &s;aid <HI>R.</HI> And whereas al&s;o they the &s;aid <HI>S.</HI> and <HI>T.</HI> afterwards had communication with the afore&s;aid <HI>R</HI> in his life time, of, and concerning divers pieces of Timber, divers Joy&s;ts, Po&s;ts, and Boards, by them the &s;aid <HI>S.</HI> and <HI>T.</HI> of the afore&s;aid <HI>R.</HI> for the Structure afore&s;aid to be bought, <HI>to wit,</HI> (&s;uch a day, year, and place) in con&s;ideration, that the afore&s;aid <HI>R.</HI> in his life-time, at the &s;peciall in&s;tance and reque&s;t of him the &s;aid <HI>R. W.</HI> then being the &s;ervant of him the &s;aid <HI>Randall,</HI> would &s;ell and deli|ver to them the &s;aid <HI>S.</HI> and <HI>T.</HI> or either of them, &s;uch Timber, Joy&s;ts; Po&s;ts, and Boards, as they the &s;aid <HI>S.</HI> and <HI>T.</HI> or either of them af|terwards, for the building afore&s;aid, &s;hould choo&s;e out, at the &s;everall rates and prices between the afore&s;aid <HI>R. A.</HI> and the afore&s;aid <HI>S.</HI> and <HI>T.</HI> or either of them to be agreed upon; did a&s;&s;ume upon him|&s;elf, and to him the &s;aid <HI>R.</HI> did then and there faithfully promi&s;e, that he the &s;aid <HI>R. W.</HI> all &s;uch &s;umms of money for the Timber, Joy&s;ts, Po&s;ts, and Boards afore&s;aid; &s;o by the afore&s;aid <HI>S.</HI> and <HI>T.</HI> or either of them, for the afore&s;aid Structure, as afore&s;aid, to be cho&s;en, and by the afore&s;aid <HI>R. A.</HI> to them the &s;aid <HI>S.</HI> and <HI>T.</HI> or either of them, &s;old and delivered; as to him the &s;aid <HI>R. A.</HI> according to the rate and prices afore&s;aid, between the afore&s;aid <HI>R.</HI> and the afore&s;aid <HI>S.</HI> and <HI>T.</HI> or either of them, &s;o as afore&s;aid &s;hould be agreed on to be due, pay|able for the &s;ame, to him the &s;aid <HI>R. A.</HI> when he &s;hould be afterwards thereunto required, would well and faithfully content and pay: And although the afore&s;aid <HI>R. A</HI> in his life-time, tru&s;ting to the promi&s;e and a&s;&s;umption of the afore&s;aid <HI>R. W.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day and year, and place afore&s;aid) divers pieces of Timber, as al&s;o divers Joy&s;ts, Po&s;ts, and Boards, by him the &s;aid <HI>S.</HI> and the afore&s;aid <HI>T.</HI> or either of them, for the Structure afore&s;aid then cho&s;en, and after men|tioned, at &s;everall rates and prices between the afore&s;aid <HI>R. A.</HI> and the afore&s;aid <HI>S.</HI> and <HI>T.</HI> or either of them then agreed on, and after ex|pre&s;&s;ed by the afore&s;aid <HI>R. W.</HI> as afore&s;aid to be paid, (that is to &s;ay) &s;eventy four feet of Oaken Timber for nine and thirty &s;hillings, fifty and &s;ix feet of Oaken. Timber for thirty &s;hillings and three pence, &s;ixty
<PB N="222" REF="114">five feet of Oaken Timber for thirty five &s;hillings and two pence, fifty feet of Oaken Timber for &s;even and twenty &s;hillings, thirty and &s;ix feet of Fir Timber for thirteen &s;hillings and five pence: (and &s;o recite the whole particulars) to them the &s;aid <HI>S.</HI> and <HI>T.</HI> to the purpo&s;es afore|&s;aid, then and there delivered; all which &s;aid &s;everall &s;ums of money, for the &s;everall pieces of the &s;everall parcells of Timber, for Joy&s;ts Po&s;ts, and Boards, in the whole, do amount to one and fourty pounds, &s;even &s;hillings and a peny; and although afterwards, <HI>to wit,</HI> the five and twentieth day, <HI>&amp;c.</HI> the afore&s;aid <HI>R. A.</HI> at <HI>L.</HI> afore&s;aid, in the Pari&s;h, <HI>&amp;c.</HI> Of the &s;ame pieces of Timber, Joy&s;ts, Po&s;ts, and Boards, &s;o as afore&s;aid, cho&s;en, bought, had, and delivered, as al&s;o of the &s;e|verall rates and prices of them, did give notice to the afore&s;aid <HI>R. W.</HI> requiring the afore&s;aid <HI>R. W.</HI> that he the &s;aid <HI>R.</HI> the afore&s;aid one and fourty pounds &s;even &s;hillings and a peny, for the pieces of Timber, Joy&s;ts, Po&s;ts, and Boards afore&s;aid, &s;o as afore&s;aid cho&s;en, bought, had and delivered, to him the &s;aid <HI>R. A.</HI> he would according to his pro|mi&s;e and a&s;&s;umption afor&s;aid pay; yet the afore&s;aid <HI>R. W.</HI> little re|garding his promi&s;e and a&s;&s;umption afore&s;aid, but plotting, and fraudu|lently intending the afore&s;aid <HI>R. A.</HI> in his life-time; as al&s;o them the &s;aid <HI>A.</HI> and <HI>M.</HI> after the death of him the &s;aid <HI>R. A.</HI> in that behalf, craftily and &s;ubtilely, to deceive and defraud, the &s;ame one and fourty pounds &s;even &s;hillings and a peny, or any peny thereof, to the afore&s;aid <HI>R.</HI> in his life-time, or to the afore&s;aid <HI>M.</HI> after the death of him the &s;aid <HI>R. A.</HI> while&s;t &s;he was &s;ole, or to them the &s;ame <HI>A.</HI> and <HI>M.</HI> after E&s;pou&s;alls between them celebrated, although unto this, as well by the afore&s;aid <HI>R. A.</HI> in his life-time, <HI>to wit,</HI> (&s;uch a day and year) as by the &s;aid <HI>A.</HI> and <HI>M.</HI> often after the death of him the &s;aid <HI>R. A.</HI> at <HI>L.</HI> in the Pari&s;h, <HI>&amp;c.</HI> hath been thereunto required, he hath not paid, or in any manner given content for, but the &s;ame to them to pay, hath altogether refu&s;ed, and the &s;ame to them the &s;aid <HI>A.</HI> and <HI>M.</HI> as yet to pay, doth altogether refu&s;e, to the hinderance of the Execu|tion of the Te&s;tament afore&s;aid, and to the damage of them the &s;aid <HI>A.</HI> and <HI>M.</HI> fifty pounds, and thereupon they bring Suit, <HI>&amp;c.</HI> And they the &s;aid <HI>A.</HI> and <HI>M.</HI> bring here into Court, the Letters Te&s;ta|mentary of the afore&s;aid <HI>R. A.</HI> by which it &s;ufficiently appears to the Court here, the &s;ame <HI>M.</HI> to be Executrix of the Te&s;tament afore|&s;aid, and thereupon to have Admini&s;tration, <HI>&amp;c.</HI> Pledges of pro&s;e|cuting, <HI>John Doe,</HI> and <HI>Richard Roe.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>B. <HI>Brickwood,</HI>
<NOTE PLACE="marg"><HI>London.</HI> &s;&s;. <HI>Ca&s;e for a Cleck for his Fees for pro|&s;ecution in the &V;pper Bench.</HI></NOTE> one of the Clerks of <HI>Robert Henly,</HI> E&s;quire and <HI>Sa|muel Wightwick</HI> E&s;q chief Clerks of our Lord the King that now is, of his Pleas, in the Court of him the &s;aid Lord the King, before him the &s;aid King a&s;&s;igned to be held, and according to the Liberties and Priviledges for the like chief Clerks, and their Clerks, time out of
<PB N="223" REF="114">minde, u&s;ed and approved in the &s;ame, pre&s;ent here in Court in his proper per&s;on complaineth of <HI>H. J.</HI> in the cu&s;tody of the Mar&s;hall, <HI>&amp;c.</HI> For that whereas all and &s;ingular the Clerks, of what&s;oever chief Clerks of our &s;aid Lord the King, and his Progenitors, late Kings and Queens of <HI>England,</HI> for the Pleas in the Court of our &s;aid Lord the King that now is, and his Progenitors, before the King and his Progenitors afore&s;aid a&s;&s;igned to be held, time out of minde were, and were accu&s;tomed to be Attorneys in the &s;ame Court, according to the cu&s;tom of that Court, from the whole time afore&s;aid in the &s;ame u&s;ed and approved: And whereas al&s;o the afore&s;aid <HI>B.</HI> continually, by the &s;pace of eight years la&s;t pa&s;t, and more, was one of the Clerks of the afore&s;aid <HI>R. H.</HI> and <HI>S. W.</HI> chief Clerks, <HI>&amp;c.</HI> and an Attorney in the &s;ame Court by tho&s;e years, according to the cu&s;tom afore&s;aid: And whereas al&s;o the afore&s;aid <HI>H. J.</HI> (&s;uch a day, year, and place) in con&s;ideration that the afore&s;aid <HI>B.</HI> at the e&s;peciall in|&s;tance and reque&s;t of him the &s;aid <HI>H.</HI> in the &s;ame Court of our &s;aid Lord the King that now is, before him the &s;aid King (the &s;ame Court at <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex</HI> then being) in the then in&s;tant Term of Saint <HI>Michael,</HI> would appear in the &s;ame Court, and file a certain common Bail for <HI>Thomas Gainsford,</HI> Knight, and <HI>Tho|mas Gre&s;ham</HI> E&s;quire, at the &s;uit of one <HI>T. Ain&s;combe,</HI> and would be the Attorney of them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> to defend and pro&s;ecute in the &s;ame Court for them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> in all Actions again&s;t them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> upon that ap|pearance in the &s;ame Court to be &s;ued forth and pro&s;ecuted, did a&s;|&s;ume upon him&s;elf and to him the &s;aid <HI>B.</HI> did then and there faith|fully promi&s;e, that he the &s;aid <HI>H.</HI> three &s;hillings and four pence of lawfull money of <HI>England,</HI> for the Attorneys Fee of him the &s;aid <HI>B.</HI> in that behalf every Term, for each &s;everall Action again&s;t them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> or either of them, upon that appearance in the &s;ame Court to be &s;ued forth and pro&s;ecuted, wherein he the &s;aid <HI>B.</HI> &s;hould be the Attorney of them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> or either of them, and tho&s;e Actions for them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> or either of them, or either of their Attorney in the &s;ame Court, would defend and pro&s;ecute; as al&s;o all other Fees to him the &s;aid <HI>B.</HI> for his labour in writing in that behalf, according to the cu&s;tom of the &s;ame Court duly accruing, as al&s;o all &s;uch rea|&s;onable and u&s;uall co&s;ts and charges as by him the &s;aid <HI>B.</HI> in and about the defending and pro&s;ecuting thereof, &s;hould be laid out and disbur&s;ed, to him the &s;aid <HI>B.</HI> (when he &s;hould be thereunto afterwards required) would well and faithfully content and pay. And he the &s;aid <HI>B.</HI> in Fact, &s;aith, That he, tru&s;ting to the afore&s;aid promi&s;e and a&s;&s;umption of the afore&s;aid <HI>H. B.</HI> &s;tood Attorney for them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> in the afore&s;aid Court of our &s;aid Lord the King that now is, before him the &s;aid King at <HI>We&s;t|min&s;ter</HI>
<PB N="224" REF="115">afore&s;aid, on the afore&s;aid then in&s;tant Term of Saint <HI>Mi|chael,</HI> in the third year afore&s;aid, and in the &s;ame Term of Saint <HI>Michael;</HI> for them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> did appear, and a cer|tain common Bail in the &s;ame Court, for them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> did file, at the Suit of the afore&s;aid <HI>T A.</HI> and as the Attorney of them the &s;aid <HI>T. G.</HI> and <HI>T. G.</HI> two &s;everall Actions at the Suit of the afore&s;aid <HI>T. A.</HI> (one of which Actions was again&s;t him the &s;aid <HI>T. Grainsford,</HI> and the other again&s;t the &s;aid <HI>T. Gre&s;ham,</HI> upon that appearance in the &s;ame Court brought) in the &s;ame Term of Saint <HI>Michael</HI> did defend and pro&s;ecute and that &s;ix &s;hi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">lings and eight pence of lawfull money of <HI>England,</HI> for the Attorneys Fees of him the &s;aid <HI>B.</HI> in the &s;ame Term of Saint <HI>Michael,</HI> in the afore&s;aid two &s;everall Actions did ju&s;tly grow due; and al&s;o three &s;hillings and &s;ix pence over and above the &s;ame Fees for the labour of him the &s;aid <HI>B.</HI> in writing in that behalf, and for his rea&s;onable and u&s;uall co&s;ts and ex|pences by him the &s;aid <HI>B</HI> in and about the defending and pro&s;ecuting the afore&s;aid &s;everall Actions, to the Officers and Mini&s;ters of that Court laid out and disbur&s;ed: And whereas al&s;o the afore&s;aid <HI>H. J.</HI> afterwards, <HI>to wit.</HI> (&s;uch a day, year, and place) in con&s;ideration that the afore&s;aid <HI>B.</HI> at the like in&s;tance and reque&s;t of him the &s;aid <HI>H.</HI> would then pro&s;ecute out of the afore&s;aid Court of our &s;aid Lord the King that now is, before him the &s;aid King (the &s;ame Court at <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex</HI> then being) a certain Writ of <HI>Latitat,</HI> of our &s;aid Lord the King, in his Name, at the Suit of one <HI>Michael Hayward,</HI> again&s;t <HI>H. H. R. H.</HI> and <HI>W. R.</HI> to the then Sheriff of <HI>Surrey</HI> directed, returnable in the &s;ame Court, did a&s;&s;ume upon him|&s;elf, and to him the &s;aid <HI>B.</HI> did then and there faithfully promi&s;e, that he the &s;aid <HI>H.</HI> five &s;hillings and a peny of lawfull money of <HI>England,</HI> to him the &s;aid <HI>B.</HI> for that Writ, when he &s;hould he thereunto after|wards required, would well and faithfully content and pay, and he the &s;aid <HI>B.</HI> in Fact, &s;aith, That he the afore&s;aid <HI>B.</HI> tru&s;ting to <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> pro|mi&s;e and a&s;&s;umption of him the &s;aid <HI>H.</HI> afore&s;aid la&s;t mentioned, afterwards, <HI>to wit,</HI> (&s;uch a day, year, and place afore&s;aid) out of the &s;ame Court there, the afore&s;aid Writ of our &s;aid Lord the King of <HI>Latitat,</HI> in his Name at the Suit of the afore&s;aid <HI>M.</HI> again&s;t the afore|&s;aid <HI>H. H. R. H.</HI> and <HI>W. R.</HI> to the then Sheriff of <HI>S.</HI> directed, and in the &s;ame Court returnable, did profecute, and that Writ &s;o pro&s;ecuted out, and in due manner &s;ealed, he the &s;aid <HI>B.</HI> to the afore&s;aid <HI>H.</HI> did then and there deliver: And whereas al&s;o, <HI>&amp;c.</HI> (and &s;o proceed with &s;everall other Actions, wherein the Plaintiff was Attorney as before) yet the afore&s;aid <HI>H.</HI> little regarding his &s;everall promi&s;es and a&s;&s;umptions afore&s;aid, but plotting and fraudulently intending him the &s;aid <HI>B.</HI> of the &s;everall &s;ums of money afore&s;aid craftily and &s;ubtilly to deceive and defraud, the afore&s;aid &s;everall &s;ummes of money in the whole, amounting to fourty pounds, or any peny thereof to him the &s;aid <HI>B.</HI>
<PB N="225" REF="115">(although the afore&s;aid <HI>H.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day, year, and place) by him the &s;aid <HI>B.</HI> was thereunto required, hath not as yet paid, nor him the &s;aid <HI>B.</HI> for the &s;ame in any manner hither|to contented, whereupon he the &s;aid <HI>B.</HI> &s;ays, that he is damnified, and hath damage to the value of five pounds, and thereof he bringeth Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>LONDON.</HI> &s;&s;. <HI>R. B.</HI> complaineth of <HI>A. E.</HI>
<NOTE PLACE="marg">For the hire of a Hor&s;e unpaid, and non-deli|very of the Hor&s;e and fur|niture.</NOTE> in the cu&s;tody of the Mar&s;hall, <HI>&amp;c.</HI> for that whereas the afore&s;aid <HI>A.</HI> (&s;uch a day, year, and place) in con&s;ideration that the afore&s;aid <HI>R.</HI> at the e&s;peciall in&s;tance and reque&s;t of the afore&s;aid <HI>A.</HI> and for fourteen &s;hillings of lawfull money of <HI>England,</HI> to him the &s;aid <HI>R.</HI> then and there by him the &s;aid <HI>A.</HI> paid, did then and there let out to hire, to the afore&s;aid <HI>A.</HI> one Gelding of his the &s;aid <HI>R.</HI> of the price of &s;ix pounds, with the fur|niture, (that is to &s;ay) with Bridle and Saddle upon the &s;aid Gelding, to be u&s;ed upon his riding and journying on a certain journey of him the &s;aid <HI>A.</HI> (that is to &s;ay) from the City of <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex,</HI> unto the City of <HI>Exceter,</HI> in the County of the &s;ame City of <HI>Exceter,</HI> from (&s;uch a day afore&s;aid) by the &s;pace of &s;even days then next following, and longer, at the Will of him the &s;aid <HI>A.</HI> untill he the &s;aid <HI>A.</HI> from his journey afore&s;aid &s;hould return, did a&s;&s;ume upon him&s;elf, and to him the &s;aid <HI>R.</HI> did then, and there, <HI>to wit,</HI> at <HI>L.</HI> afore&s;aid, in the Pari&s;h, <HI>&amp;c.</HI> faithfully promi&s;e that he the &s;aid <HI>A.</HI> the Gelding afore&s;aid, in as good ca&s;e as the &s;ame Gelding at that time was, with Bridle and Saddle afore&s;aid at the return of him the &s;aid <HI>A.</HI> unto <HI>W.</HI> afore&s;aid, from his journey afore&s;aid, to him the &s;aid <HI>R.</HI> would deliver back, and that he the &s;aid <HI>A.</HI> for each day after the afore&s;aid &s;even days, untill the Gelding afore&s;aid &s;hould be de|livered back, would well and faithfully content and pay unto the afore&s;aid <HI>R.</HI> two &s;hillings of lawfull money of <HI>England,</HI> for the hire and journying of that Gelding at the return of him the &s;aid <HI>A.</HI> and if he the &s;aid <HI>A.</HI> upon his return afore&s;aid, &s;hould not deliver back to him the &s;aid <HI>R.</HI> the Gelding afore&s;aid, in as good ca&s;e as the &s;ame Gelding was at the afore&s;aid time of the promi&s;e of him the &s;aid <HI>A.</HI> in form afore&s;aid made, that then he the &s;aid <HI>A.</HI> &s;ix pounds of lawful mony of <HI>England,</HI> for the price of the afore&s;aid Gelding to him the &s;aid <HI>R.</HI> when he &s;hould be thereunto reque&s;ted, would well and faithfully content and pay; and he the &s;aid <HI>R.</HI> in Fact, &s;aith, That he the &s;aid <HI>R.</HI> tru&s;ting to the afore&s;aid promi&s;e and a&s;&s;umption of him the &s;aid <HI>A.</HI> afterwards, <HI>to wit,</HI> the afore&s;aid, (&s;uch a day, year, and place) the Gelding afore&s;aid, in good ca&s;e, with Bridle and Saddle afore&s;aid, to the afore&s;aid <HI>A.</HI> to ride, and journey, as afore&s;aid, did deliver, and that eight days from the end of the afore&s;aid &s;even days, unto the day of the return of him the &s;aid <HI>A.</HI> unto the City of <HI>W.</HI> afor|&s;aid,
<PB N="226" REF="116">&s;aid, from his journey afore&s;aid, <HI>to wit,</HI> (&s;uch a day) then next follow|ing, were expired; yet the afore&s;aid <HI>A.</HI> his promi&s;e and a&s;&s;umption afore&s;aid, little regarding, but plotting, and fraudulently intending the afore&s;aid <HI>R.</HI> in that behalf, craftily and &s;ubtilly to deceive, and de|fraud, the Gelding afore&s;aid, with Saddle and Bridle afore&s;aid, and two &s;hillings for each of the afore&s;aid eight days, in the whole, amounting to the &s;um of &s;ixteen &s;hillings, of lawfull money of <HI>England,</HI> nor any parcell thereof, after the return of him the &s;aid <HI>A.</HI> from his journey afore&s;aid, to him the &s;aid <HI>R.</HI> hitherto as yet hath not at all delivered or paid, nor the afore&s;aid &s;ix pounds for the price of the afore&s;aid Gelding of him the &s;aid <HI>R.</HI> nor any parcell thereof to the afore&s;aid <HI>R.</HI> hitherto hath paid, nor in any wi&s;e him for the &s;ame contented, although unto do it, the afore&s;aid <HI>A.</HI> by the afore&s;aid <HI>R.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day, year, and place) hath been thereunto required; whereupon he &s;aith, that he is damnified, and hath damage to the value often pounds, and thereof he bringeth Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>LOndon.</HI>
<NOTE PLACE="marg">Ca&s;e upon a Promi&s;e for money for Wares delive|red upon two &s;everall Con|tracts.</NOTE> &s;&s;. <HI>W. H.</HI> complaineth of <HI>J. C.</HI> in the cu&s;tody of the Mar&s;hall, <HI>&amp;c.</HI> For that, whereas the afore&s;aid <HI>J.</HI> (&s;uch a day, year, and place) in con&s;ideration that the afore&s;aid <HI>W.</HI> then and there, at the &s;peciall in&s;tance and reque&s;t of the afore&s;aid <HI>J.</HI> had bar|gained and &s;old to him the &s;aid <HI>J.</HI> to the proper u&s;e and &s;ervice of him the &s;aid <HI>J.</HI> eighteen yards of black &s;ilk Grogram, at the rate and price of twelve &s;hillings of lawfull money of <HI>England,</HI> for each yard thereof, four Ells and a half of rich Florence Taffaty, at the rate and price of &s;ixteen &s;hillings of like money for each Ell thereof, four yards and a quarter of white Holms Fu&s;tion, at the rate and price of &s;ixteen pence of like money, for each yard thereof; eight yards of green Paragon, at the rate and price of five &s;hillings of like money for each yard, did a&s;&s;ume upon him&s;elf, that he the &s;aid <HI>J.</HI> the afore&s;aid &s;everall &s;ums of money to him the &s;aid <HI>W.</HI> would well and faithfully content and pay; and whereas the afore&s;aid <HI>J.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day, year, and place) in con&s;ideration, that the afore&s;aid <HI>W.</HI> then and there at the like in&s;tance and reque&s;t of the afore&s;aid <HI>J.</HI> had bargained and &s;old to the proper u&s;e and behoof of him the &s;aid <HI>J.</HI> eleven yards and three quarters of black &s;ilk Say, at the rate and price of five &s;hillings and &s;ix pence, of lawfull, <HI>&amp;c.</HI> for each yard thereof (and &s;o proceed with other particulars) as immediately before, upon the former Contract) which &s;aid &s;everall &s;ums of money, do amount in the whole, unto twenty &s;even pounds and four &s;hillings of lawfull money of <HI>England;</HI> yet the afore|&s;aid <HI>J.</HI> his &s;everall promi&s;es and a&s;&s;umptions afore&s;aid little regarding, but plotting, and fraudulently intending him the &s;aid <HI>W.</HI> of the afore|&s;aid twenty &s;even pounds and four &s;hillings, craftily and &s;ubtilly to deceive and defraud, the &s;ame twenty &s;even pounds and four &s;hillings
<PB N="227" REF="116">to the afore&s;aid <HI>W.</HI> although to do this, afterwards, <HI>to wit,</HI> (&s;uch a day, year, and place) he the &s;aid <HI>J.</HI> by him the &s;aid <HI>W.</HI> hath been thereun|to required, hath not as yet paid, nor the &s;aid <HI>W.</HI> for the &s;ame, hitherto in any manner of wi&s;e given content, whereupon he the &s;aid <HI>W.</HI> &s;ays, that he is damnified, and hath damage to the value of twenty pounds, and thereof he bringeth Suit, <HI>&amp;c.</HI> Pledges, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THE Defendant prayeth licen&s;e to imparl, <HI>&amp;c.</HI> And hereupon <HI>J. L.</HI>
<NOTE PLACE="marg">Bail in Tre&s;|pa&s;&s;e upon the Ca&s;e.</NOTE> of <HI>J.</HI> in the County of <HI>S.</HI> Gentleman, and <HI>G. L.</HI> of, <HI>&amp;c.</HI> undertook for the &s;aid Defendant, to have his body here at the afore&s;aid. Monday: And &s;o from day to day, at every day of the Plea, untill the Plea afore|&s;aid &s;hould be ended and Judgment thereof given; and al&s;o, if it &s;hould happen the afore&s;aid Defendant, in the Plea afore&s;aid to be convicted, and Judgment for the &s;aid Plaintiff in the Plea afore&s;aid to be given, if the afore&s;aid Defendant &s;hould not then render him&s;elf to the pri&s;on of the Keepers, <HI>&amp;c.</HI> of the <HI>Fleet,</HI> there to remain, untill the &s;aid De|fendant &s;hould &s;atisfie what&s;oever damages again&s;t the &s;aid Defendant, &s;hould be adjudged to the &s;aid Plaintiff in the Plea afore&s;aid; the &s;aid <HI>J.</HI> and <HI>G.</HI> undertook, and both of them hath undertaken for the &s;aid Defendant, under the pain of one hundred pounds, to &s;atisfie the afore|&s;aid Plaintiff, what&s;oever damages &s;hould be adjudged to the &s;aid Plaintiff in the Plea afore&s;aid: which &s;aid hundred pounds the &s;aid <HI>J.</HI> and <HI>G.</HI> have acknowledged to be made of their Lands and Chat|tells, and to be levied to the u&s;e and behalf of the &s;aid Plaintiff, to who&s;e hands &s;oever they &s;hall come, if it may happen the afore|&s;aid Defendant to do in any thing again&s;t the a&s;&s;umption and under|taking afore&s;aid, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>LOndon.</HI> &s;&s;. <HI>J. B.</HI> Gentleman, complaineth of <HI>R. L.</HI> E&s;quire,
<NOTE PLACE="marg">Again&s;t a She|riff for an E&s;|cape upon a Writ of Out|lawry.</NOTE> late Sheriff of the County of <HI>B.</HI> in the cu&s;tody of the Mar|&s;hall, <HI>&amp;c.</HI> For that (that is to &s;ay) That whereas one <HI>G. F.</HI> (&s;uch a day and year) at <HI>L.</HI> (that is to &s;ay) in the Pari&s;h of the ble&s;&s;ed <HI>Mary</HI> of <HI>Bow,</HI> in the Ward of <HI>Cheap, London,</HI> by his certain Writing Obligatory, &s;ealed with his Seal,
<NOTE PLACE="marg">The party e&s;ca|ped indebted to the Defendant in a Bond.</NOTE> (and to the Court now here &s;hewed) the date whereof is the &s;ame day and year, did acknowledge him&s;elf to be held, and firmly bound to the &s;aid <HI>J. B.</HI> in one hundred pounds of lawfull money of <HI>England,</HI> to be paid to the &s;aid <HI>J. B.</HI> when thereunto he &s;hould be required; with a Condition thereun|der &s;ub&s;cribed, containing the&s;e words following: (that is to &s;ay) <HI>The Condition of this Obligation is &s;uch, That if the above bounden,</HI>
<NOTE PLACE="marg">The Condition of the Bond.</NOTE> G. F. <HI>his Executors, Admini&s;trators or A&s;&s;igns, or any of them, do, or &s;hall pay, or cau&s;e to be paid unto the above-named,</HI> J. B. <HI>his Executors, Admini&s;trators, or A&s;&s;ignes, or any of them, the full and ju&s;t &s;um of
<PB N="228" REF="117">fifty pounds of lawfull money of</HI> England, <HI>upon the (&s;uch a day and year) at, or in the now dwelling Hou&s;e of the &s;aid</HI> J. B. <HI>&s;cituate in</HI> C. <HI>in the County of</HI> B. <HI>afore&s;aid, that then this pre&s;ent Obligation, to be void and of none Effect, or el&s;e it to remain, continue, and be in full force, Effect, and vertue, as by the &s;aid Bond and Condition more plainly and at large it doth and may appear:</HI>
<NOTE PLACE="marg">Averment that the money was not paid at the day in the Con|dition expre&s;|&s;ed, by which the Bond was forfeited, and thereupon Acti|on accrued to the Defendant.</NOTE> Which &s;aid fifty pounds, the &s;aid <HI>G. F.</HI> at the day of paiment thereof, nor at any other time, did not pay or &s;a|tisfie to the &s;aid <HI>J. B.</HI> by which the &s;aid Writing Obligatory, became forfeited to the &s;aid <HI>J. B.</HI> and Action to him accrued, and happened to require and have of the &s;aid <HI>G. F.</HI> the &s;aid one hundred pounds; and although the &s;aid <HI>G. F.</HI> the &s;aid one hundred pounds to the &s;aid <HI>J.</HI> B. although he was often thereunto required, did not pay or &s;a|tisfie to the &s;aid <HI>J. B.</HI> he the &s;aid <HI>J. B.</HI> for the more &s;peedy obtain|ing and recovery of the &s;aid one hundred pounds, afterward, (that is to &s;ay, Such a day and year) did pro&s;ecute and obtain out of the Court of <HI>Chancery</HI> of the &s;aid late King, a certain Writ Originall of the &s;aid late King,
<NOTE PLACE="marg">The Defendant and pro&s;ecute an Originall Writ out of Chancery.</NOTE> to the then Sheriff of <HI>B.</HI> commanded, that if the &s;aid <HI>J. B.</HI> &s;hould cau&s;e him to be &s;ecured for pro&s;ecuting his Complaint, then he &s;hould put by Sureties and &s;afe Pledges, the &s;aid <HI>G. F.</HI> that he &s;hould be before the &s;aid late King in his <HI>Chancery,</HI> (&s;uch a return) where&s;oever it then &s;hould be,
<NOTE PLACE="marg">The Originall.</NOTE> of a Plea, that he &s;hould render unto him one hundred pounds, which to him he owed, and unju&s;tly detain|ed, <HI>&amp;c.</HI> And that he &s;hould then there have that Writ, at which day be|fore the &s;aid late King,
<NOTE PLACE="marg">The return of the Originall.</NOTE> came the &s;aid <HI>J. B.</HI> by his Attorney, and the &s;aid Sheriff returned, That the &s;aid <HI>J. B.</HI> did find to the &s;aid Sheriff, Pledges of pro&s;ecuting (that is to &s;ay) <HI>J. D.</HI> and <HI>R. R.</HI> And that the &s;aid <HI>G. F.</HI> was not found in his Bailiwick:
<NOTE PLACE="marg"><HI>The</HI> Capias.</NOTE> Therefore it was commanded to the &s;aid Sheriff, that he &s;hould take the body of the &s;aid <HI>G. F.</HI> if, <HI>&amp;c.</HI> So that he might have his body before the Ju&s;tices of our &s;aid late King,
<NOTE PLACE="marg"><HI>The return of the</HI> Capias.</NOTE> at <HI>W.</HI> in, <HI>&amp;c.</HI> (Such a return) to an&s;wer unto the &s;aid <HI>J. B.</HI> of the Plea afore&s;aid: At which day the &s;aid <HI>J. B.</HI> there came, and the &s;aid Sheriff returned,
<NOTE PLACE="marg"><HI>The</HI> Alias Ca|pias.</NOTE> that the &s;aid <HI>G. F.</HI> was not found in his Baili|wick, and he came not; Therefore as formerly, it was commanded to the Sheriff, that he &s;hould take the body of him the &s;aid <HI>G. F.</HI> if, <HI>&amp;c.</HI> and him &s;afely keep;
<NOTE PLACE="marg"><HI>The return of the</HI> Alias Ca|pias.</NOTE> &s;o that he might have his body before the &s;aid Ju&s;tices of the &s;aid late King, in the (&s;uch a return) then next follow|ing, to an&s;wer unto the &s;aid <HI>J. B.</HI> in the Plea afore&s;aid: At which day, the &s;aid <HI>J. B.</HI> there came, and the &s;aid Sheriff returned, that the &s;aid <HI>G.</HI> was not found in his Bailiwick, and he came not: And therefore,
<NOTE PLACE="marg">Plures Capias.</NOTE> as formerly, it was commanded the Sheriff, that he &s;hould take the &s;aid <HI>G. F.</HI> if, <HI>&amp;c.</HI> And him &s;afely keep; &s;o that he might have his body before the Ju&s;tices of the &s;aid late King, in, <HI>&amp;c.</HI> then next following, to an&s;wer unto the &s;aid <HI>J. B.</HI> of the Plea afore&s;aid: At which day the &s;aid <HI>J. B.</HI> there came, and the &s;aid
<PB N="229" REF="117">Sheriff returned, that the &s;aid <HI>G.</HI> was not found in his Bayliwick,
<NOTE PLACE="marg">The Return.</NOTE> and he came not: Therefore it was commanded to the Sheriff, That he &s;hould cau&s;e to be called the &s;aid <HI>G. F.</HI> from County to County, until according to the Law and Cu&s;tom of this Nation he &s;hould be outlawed if he did not appear; and if he did appear,
<NOTE PLACE="marg">The Exigent,</NOTE> that then he &s;hould take him, and him &s;afely keep, &s;o that he might have his Body before the &s;aid Ju&s;tices of the &s;aid late King at <HI>W.</HI> in, <HI>&amp;c.</HI> then next following, to an|&s;wer unto the afore&s;aid <HI>J. B.</HI> of the Plea afore&s;aid:
<NOTE PLACE="marg">The Return of the Ezigent.</NOTE> At which Day the &s;aid <HI>J. B.</HI> came there by his Attorney, and the Sheriff returned, That at his County of <HI>B.</HI> held for the &s;aid County of <HI>B.</HI>
<NOTE PLACE="marg">Fir&s;t &s;ummons.</NOTE> (&s;uch a Day and Year) at, <HI>&amp;c.</HI> the &s;aid <HI>G. F.</HI> was the fir&s;t time called, and he did not appear;
<NOTE PLACE="marg">Second &s;um|mons.</NOTE> And that at his County of <HI>B.</HI> held for the &s;aid County of <HI>B.</HI> (&s;uch a Day and Year) at, <HI>&amp;c.</HI> the &s;aid <HI>G. F.</HI> was the &s;econd time called, and did not appear: And that at his County of <HI>B.</HI> held for the &s;aid County of <HI>B.</HI> (&s;uch a Day and Place) in the &s;ame Year,
<NOTE PLACE="marg">Third &s;um|mons.</NOTE> the &s;aid <HI>G. F.</HI> was the third time called, and did not appear: And that at his County of <HI>B.</HI> held for the &s;aid County of <HI>B.</HI>
<NOTE PLACE="marg">Fourth &s;um|mons.</NOTE> (&s;uch a Day and Place) in the &s;ame Year, the &s;aid <HI>G. F.</HI> was the fourth time called, and did not appear: And that at his County of <HI>B.</HI> held for the &s;aid County of <HI>B.</HI> (&s;uch a Day and Place) in the &s;ame Year,
<NOTE PLACE="marg">Fifth &s;um|moas.</NOTE> was the fifth time called, and did not appear: Therefore by the Judgment of <HI>A. B.</HI> and <HI>C. D.</HI> Coroners of the &s;aid County, the &s;aid <HI>G. F.</HI> was outlawed,
<NOTE PLACE="marg">Adjudged out|lawed.</NOTE> as by the return thereof, returned into the &s;aid Court of the &s;aid late King, before his &s;aid Ju&s;tices at <HI>We&s;tmin&s;ter,</HI> and now remaining in the Court before the Ju&s;tices of the common Bench at <HI>W.</HI>
<NOTE PLACE="marg">As by Returns of the &s;everal Writs.</NOTE> more plainly it doth and may appear: Upon which afterwards (that is to &s;ay) the thir|teenth Day of <HI>J.</HI> in the Year of our Lord one thou&s;and &s;ix hundred fifty and one, the &s;aid <HI>J. B.</HI>
<NOTE PLACE="marg"><HI>The</HI> Capias utlagat.</NOTE> did pro&s;ecute and obtain out of the Court of the Common Bench before the Ju&s;tices of the &s;aid Bench at <HI>W.</HI> a certain Writ upon the &s;aid Outlawry, by which Writ the &s;aid Keepers commanded the Sheriff of <HI>B.</HI> that he the &s;aid Sheriff &s;hould not omit, by rea&s;on of any liberty of his County, but that he &s;hould take the &s;aid <HI>G. F.</HI> by the name of, <HI>&amp;c.</HI> outlawed in his County, the twelfth Day of <HI>N.</HI> (in &s;uch a Year) at the Suit of the &s;aid <HI>J. B.</HI> of a Plea of Debt, if he &s;hould be found in his Bayliwick, and him &s;afely keep, &s;o that he might have his Body before the Ju&s;tices of the Common Bench at <HI>W.</HI> in eight Days of Saint <HI>Martin,</HI> to do and receive that which the Court here &s;hould then con&s;ider of him: Which &s;aid Writ afterwards (that is to &s;ay) &s;uch a Day in the &s;ame Year, was delivered to the &s;aid <HI>R. L.</HI>
<NOTE PLACE="marg">The Writ deli|ve<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ed to the Sheriff.</NOTE> then Sheriff of the &s;aid County, in form of Right to be executed: By vertue of which Writ the &s;aid Sheriff afterwards (that is to &s;ay) &s;uch a Day, and Year,
<NOTE PLACE="marg"><HI>The party arre&s;t|ed by vertue of the</HI> Capias utlagat.</NOTE> and Place, did take the &s;aid <HI>G. F.</HI> and had him in his Cu&s;tody, by vertue of the &s;aid Writ: But the &s;aid <HI>R. L.</HI> being Sheriff of the &s;aid Coun|ty of <HI>B.</HI> not regarding the Duty of his &s;aid Office of Sheriff, nor
<PB N="230" REF="118">his Oath taken for the due Execution of the &s;ame,
<NOTE PLACE="marg">The Sheriff not regarding his Office. The E&s;cape.</NOTE> craftily and &s;ubtilly intending to deceive and defraud the &s;aid <HI>J. B.</HI> of the &s;aid hundred pounds (&s;uch a Day and Year) at <HI>London</HI> afore&s;aid, in the <HI>P.</HI> and <HI>W.</HI> afore&s;aid, him the &s;aid <HI>G. F.</HI> at large whither he would to go and e&s;cape (without the licen&s;e and con&s;ent, and again&s;t the Will of the &s;aid <HI>J. B.</HI> did permit, the &s;aid hundred pounds, or any part thereof, to the &s;aid <HI>J.</HI> being not &s;atisfied) and the &s;aid <HI>G.</HI> ever &s;ince hitherto to places to the &s;aid <HI>J.</HI> unknown, did, and yet doth ab&s;ent and eloyn him&s;elf, &s;o that the &s;aid <HI>John</HI> could never by any Proces of Law &s;ince get him taken, and thereby the &s;aid <HI>John</HI> hath totally lo&s;t the benefit and advantage of the recovery of the &s;aid hundred pounds; whereupon the &s;aid <HI>J B.</HI> &s;aith, That he is the wor&s;e, and hath Damage to the value of two hun|dred pounds, and thereof he bringeth Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>A. <HI>B.</HI> complaineth of <HI>C. D.</HI> in the cu&s;tody of the Mar&s;hal,
<NOTE PLACE="marg">For &s;topping up tights by erect|ing a Hou&s;e &s;o neer the Plain|tiffs.</NOTE> <HI>&amp;c.</HI> for that (that is to &s;ay) that whereas the &s;aid Plaintiff was po&s;&s;e&s;&s;ed of a certain Me&s;&s;uage or Hou&s;e called <HI>L.</HI> and of a certain Stone Wall to the &s;ame Me&s;&s;uage being adjoyning at <HI>C.</HI> in the Pari&s;h, <HI>&amp;c.</HI> by the Demi&s;e of <HI>E. F.</HI> for a term of certain years as yet continuing, in which &s;aid Me&s;&s;uage or Hou&s;e are, and from the time of the contrary, <HI>&amp;c.</HI> is not extant, were &s;even windows or lights out of the hou&s;e afore&s;aid, on the South part of the &s;ame Hou&s;e, to have and enter light and ayr within the &s;ame Hou&s;e, and by the whole time to enlighten every ne|ce&s;&s;ary part of the &s;ame Hou&s;e, yet the &s;aid Defendant devi&s;ing to de|prive and hinder the &s;aid Plaintiff of the whole profit and commodity of the Hou&s;e afore&s;aid, the fir&s;t Day of <HI>M.</HI> at <HI>C.</HI> in the Pari&s;h of, <HI>&amp;c.</HI> afore&s;aid, did levy and erect, and of new did build and fabricate a cer|tain new Me&s;&s;uage to the &s;aid Hou&s;e or Me&s;&s;uage of the afore&s;aid <HI>A. B.</HI> next adjoyning to the South part of the &s;aid Hou&s;e of the afore&s;aid <HI>A. B.</HI> and upon the afore&s;aid Stone Wall of the &s;aid Plaintiff, of &s;uch a height, that the whole light which by the Windows afore&s;aid by the whole time afore&s;aid was accu&s;tomed to come unto, and enlighten the Hou&s;e or Me&s;&s;uage of the &s;aid <HI>A. B.</HI> and afterwards might come unto and enlighten, by rea&s;on of the &s;aid Me&s;&s;uage of new built, levyed, and erected, was wholy ob&s;tructed, hindered, and &s;topped; by which the &s;aid <HI>A. B.</HI> not onely did lo&s;e the whole profit and commodity of his &s;aid Hou&s;e, but al&s;o the afore&s;aid Hou&s;e or Me&s;&s;uage by that occa&s;ion did become of much le&s;s yearly value of Rent then formerly it hath been, to the Damage, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Buck &s;&s;.</HI>
<NOTE PLACE="marg">For departing from &s;ervice within the time retained.</NOTE> EDward Ba&s;&s;e <HI>complaineth of</HI> John Hutchins <HI>in the cu&s;tody of the Mar&s;hal, &amp;c. for that (that is to &s;ay) that where|as the afore&s;aid</HI> E. <HI>(&s;uch a day and year) at</HI> W. <HI>in the County afore&s;aid, had retained him the &s;aid</HI> J. <HI>in his &s;ervice, to &s;erve him the &s;aid</HI> E. <HI>for the
<PB N="231" REF="118">term of one whole year then next following, in the Office of a Shepherd, to keep his Sheep, and to do, agitate, and execute his bu&s;ine&s;&s;es to the Office of a Shepherd in that behalf belonging, to take of the &s;ame</HI> E. <HI>for his wages by that time three pounds: And in con&s;ideration that the &s;ame</HI> E. <HI>did a&s;|&s;ume upon him&s;elf, and to the &s;aid</HI> J. <HI>then and there faithfully promi&s;e, to pay to the &s;aid</HI> J. <HI>the &s;aid three pounds for his wages afore&s;aid, the afore|&s;aid</HI> J. <HI>in con&s;ideration thereof, did a&s;&s;ume upon him&s;elf, and to the &s;aid</HI> E. <HI>then and there faithfully promi&s;e, That he the &s;ame</HI> J. <HI>the afore&s;aid</HI> E. <HI>his Ma&s;ter, for and during the &s;aid term of oxe whole year then next fol|lowing in his Office afore&s;aid, would well and truly &s;erve; yet the &s;aid</HI> J. <HI>his Promi&s;e and A&s;&s;umption afore&s;aid not regarding, but devi&s;ing, &amp;c. to defraud the &s;aid</HI> E. <HI>well and faithfully during his term afore&s;aid hath not &s;erved, but from the &s;ervice of him the &s;aid</HI> E. <HI>by a great time within the term afore&s;aid (that is to &s;ay) from the five and twentieth day of</HI> M. <HI>in &s;uch a year, until the Fea&s;t of, &amp;c. then next following, again&s;t the will of him the &s;aid</HI> E. <HI>hath departed; By rea&s;on whereof the &s;ame</HI> E. <HI>&s;aith, That he hath wholly lo&s;t ten Sheep of the price of five pounds, for want of the due keeping of him the &s;aid</HI> J. <HI>to the Damage of, &amp;c. The Defendant pleaded, that by Prote&s;tation the Plaintiff did not retain him, and for his Plea, he made no &s;uch Promi&s;e,</HI> Pa&s;ch. 4 Jacobi.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>EDward Arris</HI> Chirurgeon,
<NOTE PLACE="marg">For a Chirurge|on upon a pro|mi&s;e in the Te|&s;tators life time.</NOTE> complaineth of <HI>Thomas Dolton</HI> Execu|tor, <HI>&amp;c.</HI> of <HI>J. D.</HI> his Brother decea&s;ed, in the Cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> for that, to wit, that whereas the &s;aid <HI>J.</HI> in his life, to wit (&s;uch a Day and Year) and long before, at <HI>London, &amp;c.</HI> was taken and held with a certain Di&s;ea&s;e called the Bur&s;tenne&s;s in the God, of him the &s;aid <HI>J.</HI> of which Di&s;ea&s;e the &s;ame <HI>J.</HI> then, and long before, did lan|gui&s;h: The &s;ame <HI>J.</HI> afterwards, to wit (&s;uch a Day, Year, and Place) afore&s;aid (in con&s;ideration that the &s;aid <HI>E.</HI> at the &s;pecial in&s;tance and reque&s;t of him the &s;aid <HI>J.</HI> would heal and cure the &s;aid <HI>J.</HI> of the Di&s;ea&s;e afore&s;aid) did a&s;&s;ume upon him&s;elf, and to the &s;aid <HI>E.</HI> then and there faithfully promi&s;e, That he the &s;ame <HI>J.</HI> his Executors or Admini&s;trators, for the heal and cure of him the &s;aid <HI>J.</HI> of the Di&s;ea&s;e afore&s;aid, would well and faithfully pay and content twenty pounds of lawful, <HI>&amp;c.</HI> to the &s;aid <HI>E.</HI> And the &s;ame <HI>E.</HI> in fact &s;aith, That he giving credit to the Promi&s;e and A&s;&s;umption of the &s;aid <HI>J.</HI> afore&s;aid, afterwards, that is to &s;ay (&s;uch a Day and Year) above&s;aid at <HI>L.</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, did heal and cure the &s;aid <HI>J.</HI> of the Di&s;ea&s;e afore&s;aid, of which &s;aid twenty pounds,
<NOTE PLACE="marg">Part pay<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">.</NOTE> the &s;ame <HI>E.</HI> doth acknowledg him&s;elf to be &s;atisfied by the &s;aid <HI>J.</HI> in his life of fifteen pounds (parcel of the afore|&s;aid twenty pounds) yet the &s;aid <HI>J.</HI> in his life, and the afore&s;aid <HI>T.</HI> after the Death of him the &s;aid <HI>J.</HI> the Promi&s;e and A&s;&s;umption of the &s;aid <HI>J.</HI> in form afore&s;aid made, as to five pounds re&s;idue of the afore&s;aid twen|ty pounds, but devi&s;ing, <HI>&amp;c.</HI> to deceive and defraud, the afore&s;aid five
<PB N="230" REF="119">pounds, or any parcel thereof, to the &s;aid <HI>E.</HI> have not as yet payd, nor either of them hath payd, nor for the &s;ame any wi&s;e hitherto have made any rea&s;onable content to the &s;aid <HI>E.</HI> nor either of them hath made (although the &s;ame <HI>J.</HI> in his life, afterwards, to wit (&s;uch a Day and Year) above&s;aid, and the afore&s;aid <HI>T.</HI> after the Death of him the &s;aid <HI>J.</HI> that is to &s;ay &s;uch a Day and Year) at <HI>L. &amp;c.</HI> have often by the &s;ame <HI>E.</HI> been required to do the &s;ame: And although al&s;o the Goods and Chattels which were of the afore&s;aid <HI>J</HI> at the time of his Death &s;uffi|cient, as well to pay all the Funeral Debts and Legacies of him the &s;aid <HI>J.</HI> as al&s;o the afore&s;aid five pounds after the Death of him the &s;aid <HI>J.</HI> to the hands and po&s;&s;e&s;&s;ion of the &s;aid <HI>T.</HI> came to be admini&s;tred, <HI>&amp;c.</HI> and as yet in the hands of him the &s;aid <HI>T.</HI> are unadmini&s;tred: Where|upon he &s;aith, that he is damnified, and Damage to the value of ten pounds, and thereof he bringeth the Suit, <HI>&amp;c.</HI> Fully admini&s;tred at the time of filing of the Bill pleaded, <HI>Trin.</HI> 9 <HI>Car.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>London &s;&s;.</HI>
<NOTE PLACE="marg">Again&s;t an un|skilful Chirur|geon.</NOTE> <HI>MArgaret Heath</HI> Widow, complaineth of <HI>John Carr</HI> in the Cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> for that (that is to &s;ay) that whereas the &s;ame <HI>M.</HI> (&s;uch a Day, Year, and Place) did lan|gui&s;h of a certain infirmity in and upon the No&s;e of her the &s;aid <HI>M.</HI> commonly called a <HI>Noli<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">me-tangere,</HI> and whereas afterwards (to wit) the Day and Year above&s;aid, at <HI>L. &amp;c.</HI> the afore&s;aid <HI>M.</HI> having con|ference with the &s;aid <HI>J.</HI> for and concerning the cure of the infirmity a|fore&s;aid, the &s;aid <HI>J.</HI> then and there affirming him&s;elf to be a Chirurge|on, and in that Chirurgeons Art learned and skilful, well and faithfully to cure the &s;aid <HI>M.</HI> of the infirmity afore&s;aid, and to make her thereof whole and &s;ound, as well for a certain Sum of Mony (to wit) twenty pounds of lawful, <HI>&amp;c.</HI> by the &s;ame <HI>M.</HI> to the &s;aid <HI>J.</HI> then and there in hand payd, as for other twenty pounds of like Mony, when the &s;ame <HI>J.</HI> &s;hould bring that infirmity within the compa&s;s of a piece of &s;ilver called two pence, and al&s;o for forty pounds more, when the &s;ame <HI>J.</HI> &s;hould perfectly cure and make whole the &s;ame <HI>M.</HI> of that infirmity by the &s;ame <HI>M.</HI> promi&s;ed to be payd, had a&s;&s;umed upon her &s;elf and the &s;ame <HI>J.</HI> afterwards (&s;uch a Day, Year, and Place) afore&s;aid, for the con|&s;ideration afore&s;aid, did undertake the cure of the infirmity afore&s;aid, and did apply and put too divers Plai&s;ters and other Medicines to heal and cure the infirmity afore&s;aid at <HI>L.</HI> afore&s;aid, in the <HI>P.</HI> and <HI>W.</HI> afore|&s;aid, and from thence until (&s;uch a Day and Year) and the &s;ame <HI>J.</HI> within the time afore&s;aid at <HI>L.</HI> afore&s;aid, in the <HI>P.</HI> and <HI>W</HI> afore&s;aid, at divers &s;everal times, divers &s;everal Sums of Mony, in the whole amount|ing to forty pounds (be&s;ides the &s;aid twenty pounds in hand as afore|&s;aid payd for his labor and indu&s;try, and upon his dayly A&s;&s;ertions and faithful Promi&s;es of the &s;aid <HI>J.</HI> to the &s;aid <HI>M.</HI> made to cure and make &s;ound her the &s;aid <HI>M.</HI> of her infirmity afore&s;aid) of the afore|&s;aid <HI>M.</HI> fal&s;ly, wickedly, and deceitfully did require, receive, and had,
<PB N="233" REF="119">yet the &s;aid <HI>I.</HI> being in truth wholly unlearned, and in the Chyrurgions Art unexpert, but greedy of gain, out of a praved and evil minde and malevolent intention, devi&s;ing to defraud the &s;aid <HI>M.</HI> of her mo|neys; and to deceive and long to detain her the &s;aid <HI>M.</HI> in the cure of the Infirmity afore&s;aid, with vain per&s;wa&s;ions, inticements, and a&s;&s;er|tions, &s;o unskilfully and inartificially did apply and put to the plai&s;ters and other Medicines for the cure of the Infirmity afore&s;aid, within the time afore&s;aid, that the &s;ame <HI>M.</HI> by rea&s;on of the negligence, inarti|ficiality and unskilfulne&s;s of the &s;aid <HI>I.</HI> in this behalf, not onely with mo&s;t grievous pains and troubles by the whole time afore&s;aid did tor|ment; but al&s;o by rea&s;on thereof and out of the naughtine&s;&s;e and ma|lignity of the afore&s;aid plai&s;ters and other Medicines &s;o (as afore&s;aid) unskilfully and without Art applyed and put to the No&s;e of the &s;aid <HI>M.</HI> was, and is wholly knawed and eaten off, to the great deformity of her the &s;aid <HI>M.</HI> whereupon the &s;aid <HI>M.</HI> &s;aith, that &s;he is damnified, and hath damage to the value of two hundred pounds and thereof &s;he bringeth Suit, &amp;c. <HI>M.</HI> 6. <HI>Jac.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>MIddle&s;ex. &s;&s;. J. B.</HI> doth complain of <HI>A. L.</HI>
<NOTE PLACE="marg">Again&s;t a late Sheriff for not returning a Writ of putting to &s;ale.</NOTE> late Sheriff of the County of <HI>W.</HI> in the cu&s;tody of the Mar&s;hal, &amp;c. for that (that is to &s;ay) that whereas the &s;ame <HI>I.</HI> formerly (to wit) in the Term of St. <HI>Hillary,</HI> in the &s;ixth year of the Raign of the Lord <HI>James</HI> now King of <HI>England,</HI> in the Court of him the &s;aid Lord the King, before <HI>Edward Coke</HI> Knight, and his A&s;&s;ociates, then Ju&s;tices of him the &s;aid Lord the King of his Bench at <HI>W.</HI> in the &s;aid County of <HI>Middle&s;ex,</HI> by con&s;ide|ration of the &s;ame Court, had recovered again&s;t one <HI>F. E.</HI> by the name of <HI>F. E.</HI> late of, <HI>&amp;c.</HI> as well a certain debt of forty pounds, as thirty &s;hillings, which he had by rea&s;on of detaining of that debt, whereof he was convicted,
<NOTE PLACE="marg"><HI>Judgment en|tred in</HI> H. 7. <HI>Jac. Rot.</HI> 3239</NOTE> as by Record and Proce&s;s thereof in the &s;aid Court of the &s;aid Lord the King of the Bench afore&s;aid remaining, manife&s;tly ap|pearth; upon which &s;ame Judgment, the &s;ame <HI>I.</HI> for the more &s;peedy re|covery of his debt and damages afore&s;aid, afterwards, to wit (&s;uch a day and year) had pro&s;ecuted out of the afore&s;aid Court of the &s;aid Lord the King of the Bench afore&s;aid, (that is to &s;ay) at <HI>W.</HI> afore&s;aid, a certain Writ of the &s;aid now Lord the King, of <HI>Fieri facias</HI> again&s;t the afore&s;aid <HI>F.</HI> to the then Sheriffs of <HI>London</HI> directed by which &s;aid Writ the &s;ame now Lord the King to the &s;aid then Sheriffs of <HI>L.</HI> commanded, that of the Goods and Chattels of the afore&s;aid <HI>F.</HI> in their Bailiwick, they &s;hould cau&s;e to be levied as well a certain debt of forty pounds which the &s;ame <HI>I.</HI> in the &s;ame Court of him the &s;aid Lord the King of the Bench afore&s;aid at <HI>W.</HI> afore&s;aid had recovered again&s;t him, as the afore&s;aid thirty &s;hillings, which to the &s;ame <HI>I.</HI> in the &s;ame Court of the &s;aid Lord the King of the Bench afore&s;aid, were adjudged for his Damages which he had by rea&s;on of detainig of that Debt, and that
<PB N="234" REF="120">they &s;hould have tho&s;e monies before the afore&s;aid Ju&s;tices of the &s;aid Lord the King of the Bench afore&s;aid, at <HI>W.</HI> afore&s;aid, in Eight Dayes of the <HI>Purification of the ble&s;&s;ed Mary,</HI> then next following, to ren|der to the &s;aid <HI>I.</HI> for his Debt and Damages afore&s;aid; at which Day before the afore&s;aid Ju&s;tices of the &s;aid Lord the King of the B. afore&s;aid at <HI>W.</HI> afore&s;aid: came the afore&s;aid <HI>I.</HI> by <HI>A. G.</HI> his then Attorney, and <HI>A. B.</HI> and <HI>C. D.</HI> then Sheriffs of <HI>L.</HI> then there re|turned, that the afore&s;aid <HI>F.</HI> had no Goods or Chattells in their Bai|liwick, whereof they could cau&s;e to be made the Debt and Dama|ges afore&s;aid, or any parcel thereof, whereupon it was then te&s;tified in the afore&s;aid Court of the &s;aid Lord the King of the Bench afore|&s;aid, on the behalf of him the &s;aid <HI>I.</HI> that the afore&s;aid <HI>F.</HI> had &s;uffici|ent Goods and Chattels in the afore&s;aid County of <HI>W.</HI> whereof the Debt and Damages afore&s;aid might be made: By which the &s;ame now Lord the King afterwards, to wit (&s;uch a Day and Year) above&s;aid, at the pro&s;ecution of him the &s;aid <HI>I.</HI> by his certain other Writ to the &s;aid then Sheriff of <HI>Wilt&s;hire</HI> directed, the &s;aid then Sheriff of <HI>Wilt&s;hire</HI> commanded, that of the Goods and Chattels of the afore|&s;aid <HI>F.</HI> in his Bailiwick, he &s;hould cau&s;e to be made as well the &s;aid Debt of forty pounds, which the &s;ame <HI>I.</HI> in the afore&s;aid Court of the &s;aid Lord the King of the <HI>B.</HI> afore&s;aid had recovered again&s;t him, as the afore&s;aid thirty &s;hillings, which to the &s;ame <HI>I.</HI> in the afore&s;aid Court of the &s;aid Lord the King of the <HI>B.</HI> afore&s;aid, were adjudged for his Damages which he had by rea&s;on of detaining of that Debt: And that he &s;hould have tho&s;e moneys, before the afore&s;aid Ju&s;tices of him the &s;aid Lord the King of the Bench afore&s;aid at <HI>W.</HI> afere&s;aid from the Day of <HI>E.</HI> in fifteen Dayes then next following, to render to the &s;aid <HI>I.</HI> for the Debt and Damages afore&s;aid, in Forme afore|&s;aid: Which &s;aid Writ, the &s;ame <HI>I.</HI> afterwards and before the Re|turn of the &s;ame Writ, to wit (Such a day and yeare) above&s;aid, at the City of New <HI>Sarum</HI> in the afore&s;aid County of <HI>Wilts,</HI> did deliver to the &s;aid <HI>A. L.</HI> (then Sheriff of the &s;aid County of <HI>VV.</HI>) in Form of Right to be executed: And at that the return of the &s;ame VVrit, to wit, from the afore&s;aid day of <HI>E.</HI> in fifteen dayes, before the afore|&s;aid Ju&s;tices of the &s;aid Lord the King of the Bench afore&s;aid, at <HI>VV.</HI> afore&s;aid, came the afore&s;aid <HI>I.</HI> by his Attorney afore&s;aid, and the afore&s;aid <HI>A. L.</HI> then Sheriff of the afore&s;aid County of <HI>VV.</HI> returned, the Writ afore&s;aid, to him in form afore&s;aid directed and delivered, (that is to &s;ay) that he the &s;ame then Sheriff of <HI>VV.</HI> by virtue of the &s;ame Writ had taken divers Goods and Chattells which were of the afore&s;aid <HI>F. E.</HI> to the value of the Debt and Damages afore&s;aid, which &s;aid Goods and Chattels &s;o taken in his cu&s;tody then remained unfold for want of Buyers, whereupon the &s;ame <HI>I.</HI> afterwards, to wit, (Such a day and year,) pro&s;ecuted out of the afore&s;aid Court of the &s;aid Lord the King of the Bench afore&s;aid, to wit, at <HI>VVe&s;tmin&s;ter</HI>
<PB N="235" REF="120">afore&s;aid, a certain Writ of the &s;aid now Lord the King, to the &s;ame then Sheriff of <HI>VVilt&s;hire</HI> directed, by which VVrit the &s;aid now Lord the King to the &s;aid then Sheriff of <HI>VV.</HI> commanded that he &s;hould put to &s;ale the afore&s;aid Goods and Chattels which were of the afore&s;aid <HI>F. E.</HI> to the value of the Debt and Damages afore&s;aid, which the &s;aid then Sheriff had taken, and in his cu&s;tody then were remaining unfold for want of buyers, as the &s;ame then Sheriff to the &s;ame Ju&s;tices of the &s;aid Lord the King of the Bench afore&s;aid, at <HI>VVe&s;tmin&s;ter</HI> afore&s;aid, from the day of <HI>E.</HI> in fifteen dayes then la&s;t pa&s;t, had returned, and that tho&s;e moneys he &s;hould have before the afore&s;aid Ju&s;tices of the &s;aid Lord the King of the Bench afore&s;aid, at <HI>VVe&s;tmin&s;ter</HI> afore&s;aid, in 8. dayes of the <HI>Holy Trinity,</HI> then next following, to render to the &s;aid <HI>I.</HI> for his Debt and Damages afore&s;aid, which &s;aid VVrit the &s;ame <HI>I.</HI> afterwards and before the Return of the &s;ame VVrit, to wit (Such a day and year) at the afore&s;aid City of <HI>New Sarum</HI> in the County of <HI>VV.</HI> afore&s;aid did diliver to the &s;aid <HI>A. L.</HI> in form of Law to be executed: and at the return of the &s;ame VVrit, to wit, in the afore&s;aid eight daies of the <HI>Holy Trinity</HI> then next following, before the a|fore&s;aid Ju&s;tices of the &s;aid Lord the King of the Bench afore&s;aid, at <HI>W.</HI> afore&s;aid, came the afore&s;aid <HI>I.</HI> by his Attorney afore&s;aid, and the &s;ame then Sheriff of <HI>W.</HI> the afore&s;aid Writ of putting to &s;ale to him in form afore&s;aid directed and delivered, then there did not re|turn, nor as yet, although required, <HI>&amp;c.</HI> hath returned, nor the Debt and Damages afore&s;aid, or any parcel thereof to the &s;aid <HI>I.</HI> hitherto hath rendred, but the Goods and Chattels afore&s;aid by him in Form afore&s;aid taken afterwards, to wit (Such a day and year) at <HI>W.</HI> afore|&s;aid to the proper u&s;e and profit of him the &s;aid then Sheriff of <HI>W.</HI> hath converted and di&s;po&s;ed, by which the &s;ame <HI>I.</HI> of the Debt and damages afore&s;aid is wholly defrauded; Whereupon he &s;aith that hee is damnified, and hath damage to the value of &s;ixty pounds, and there|of he bringeth Suit, <HI>&amp;c. H.</HI> 10. <HI>Jac.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Middle&s;ex. &s;&s;. Thomas Taylor</HI> and <HI>Katherine</HI> his Wife,
<NOTE PLACE="marg">Again&s;t a She|riff for fal&s;ely returning that an Admin&s;tra|tor had wa&s;ted the Goods of the Inte&s;tate.</NOTE> who as well for the Lord the King as for him&s;elf pro&s;ecuteth, doth complain of <HI>E. Bromfeild</HI> and <HI>Richard Fenn,</HI> lately Sheriff, of <HI>London,</HI> in the cu&s;tody of the Mar&s;hall, <HI>&amp;c.</HI> For that (to wit) that whereas by the Writ of the Lord the King, of Judgement to the &s;ame late Sheriffs of <HI>London</HI> directed, the eleventh day of <HI>June</HI> (in &s;uch a year) at <HI>We&s;tmin&s;ter</HI> in the County of <HI>Middle&s;ex</HI> afore&s;aid, from the Court of the &s;aid Lord the King, before him the &s;aid King i&s;&s;u|ing, it was commanded that of the Goods and Chattels which were of <HI>I. H.</HI> the Elder, decea&s;ed, at the time of his death, who dyed inte&s;tate, as it is &s;aid, in the hands and cu&s;tody of the afore&s;aid <HI>Thomas Tailor</HI> and <HI>Katherine</HI> his Wife, Admini&s;tratrix of all and &s;ingular the
<PB N="236" REF="121">Goods and Chattels, Rights and Credites which were of the afore&s;aid <HI>I.</HI> at the time of his death, they &s;hould cau&s;e to be made one and forty pounds of Damges, which one <HI>Lawrence Nercott</HI> Admini&s;trator of all and &s;ingular the Goods and Chattels, Rights and Credites, which were of <HI>I. H.</HI> the younger, at the time of his Death, who dyed inte&s;tate, did recover as well by rea&s;on of not performing of certain Promi&s;es and A&s;&s;umptions to the &s;aid <HI>I. H.</HI> the younger, in his life, by the &s;aid <HI>I. H.</HI> the Elder in his life made, as for his co&s;ts and charges by him about his Suit in this behalf expended, whereof he is convicted, as to the &s;aid Lord the King did appear of Record; if &s;o much they had in their hands; and if &s;o much they had not in their hands, then they &s;hould cau&s;e to be levyed five pounds, parcel of the afore&s;aid one and forty pounds, for his co&s;ts and charges afore&s;aid, of the proper Goods and Chattels of the afore&s;aid <HI>T. T.</HI> and <HI>K.</HI> in their Bailiwick, and that they &s;hould have tho&s;e Moneyes before the &s;aid Lord the King at <HI>We&s;tmin&s;ter</HI> on <HI>Tue&s;day</HI> next after three weeks of the <HI>Holy Tri|nity,</HI> then next following, to render to the &s;aid <HI>Lawrence</HI> for his Damages afore&s;aid, and that they &s;hould have there then that Writ: And although the afore&s;aid <HI>T. T.</HI> and <HI>K.</HI> any Goods or Chattels which were of the afore&s;aid <HI>I. H.</HI> the Elder at the time of his Death, have never wa&s;ted, or either of them hath wa&s;ted, nor the &s;ame <HI>T.</HI> and <HI>K.</HI> any Moneys coming of tho&s;e Goods and Chattels to their own proper u&s;e have converted, neither either of them hath converted, as they the &s;aid <HI>T.</HI> and <HI>K.</HI> by wayes and means convenient are rea|dy to make appear, as they affirm; yet the &s;aid late Sheriffs of <HI>London</HI> afore&s;aid, fal&s;ly and maliciou&s;ly, and again&s;t the due form of their Oath at <HI>We&s;tmin&s;ter</HI> afore&s;aid, have returned the Writ afore|&s;aid before the &s;aid Lord the King, at the afore&s;aid day of the re|turnthereof (to wit) on <HI>Tue&s;day,</HI> &amp;c. in the afore&s;aid Writ &s;pecified, that the afore&s;aid <HI>T. T.</HI> and <HI>K.</HI> after the Death of the afore&s;aid <HI>I. H.</HI> the Elder, had divers Goods and Chattels which were of the &s;ame <HI>I.</HI> at the time of his death, to the value of the afore&s;aid one and forty pounds of the Goods and Chattels of the afore&s;aid <HI>I. H.</HI> the Elder, whereof they might have &s;atisfied the &s;aid <HI>Lawrence</HI> of his &s;ame damages afore&s;aid: Which &s;aid Goods and Chattels the &s;aid <HI>T.</HI> and <HI>K.</HI> afterwards and before the coming of the &s;aid Writ to the &s;ame Sheriffs had wa&s;ted, and to their own u&s;e converted, &s;o that the damages afore&s;aid or any parcel thereof of tho&s;e Goods and Chattels they could not cau&s;e to be made: And moreover returned that the afore&s;aid <HI>T.</HI> and <HI>K.</HI> had no Goods and Chattels which were of the afore&s;aid I. at the time of his death, in their hands to be admini&s;tred in his Bailiwick, whereof the <HI>Damages</HI> afore|&s;aid, or any parcel thereof he could cau&s;e to be made, by which the afore&s;aid <HI>T.</HI> and <HI>K.</HI> in their per&s;ons and e&s;tates are very much wor&s;ted, vexed, and impoveri&s;hed, in contempt of the &s;aid now Lord the King;
<PB N="237" REF="121">and of the Court of him the &s;aid Lord the King, and deceiving of the Lawes and cu&s;tomes of this Kingdom of <HI>E.</HI> al&s;o the damage of them the &s;aid <HI>T. T.</HI> and <HI>K.</HI> of a hundred pounds: And thereupon as well for the Lord the King, as for them&s;elves he bringeth the Suit, &amp;c. <HI>M.</HI> 4. <HI>Car.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>Pleas before the Keepers of the Liberty of <HI>England,</HI>
<NOTE PLACE="marg">Again&s;t a She|riff for return|ing a Writ that the Executor had wa&s;ted the Te&s;tators e&s;tate.</NOTE> by the Autho|rity of Parliament, in the Upper Bench at <HI>We&s;tmin&s;ter,</HI> of the Term of Saint <HI>Michael,</HI> in the year of our Lord one thou&s;and &s;ix hundred and fifty.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Middle&s;ex. &s;&s;.</HI> Be it remembred that formerly (that is to &s;ay) In the Tearm of the <HI>Holy Trinity</HI> la&s;t pa&s;t,
<NOTE PLACE="marg">The Record.</NOTE> before the Keepers, &amp;c. in the Upper Bench at <HI>We&s;tmin&s;ter</HI> came <HI>Richard Brecher,</HI> who as well for the Lord the King, as for him&s;elf, doth pro&s;ecute by <HI>Richard Antrobus</HI> his Attorney: And brought here into the Court of upper Bench then there his certain Bill again&s;t <HI>Robert Lewkner</HI> Knight, late Sheriff of the County of <HI>Kent,</HI> in the cu&s;tody of the Mar&s;hall, &amp;c. of a Plea of Tre&s;pa&s;&s;e upon the Ca&s;e. And then were Pledges of pro&s;ecuting (to wit) <HI>John Doe,</HI> and <HI>Richard Roe:</HI> Which &s;aid Bill fol|loweth in the&s;e words. <HI>Middle&s;ex. &s;&s;. Richard Beecher,</HI> who as well for the Keepers, &amp;c. as for him&s;elf doth pro&s;ecute, doth complain of <HI>R. L.</HI> Knight, late Sheriff of the County of <HI>Kent,</HI> in the cu&s;tody of the Mar&s;hal, of the Mar&s;hal&s;ey of the Keepers, &amp;c. before them the &s;aid Keepers, in the Upper Bench at <HI>W.</HI> being for that (that is to &s;ay) That whereas by the Writ of the &s;aid Keepers, of Judgment to the &s;ame late Sheriff of <HI>Kent</HI> directed, the one and thirtieth day of <HI>October</HI> (in &s;uch a year) at <HI>W.</HI> in the afore&s;aid County of <HI>Middle&s;ex,</HI> from the Court of the &s;aid <HI>Keepers,</HI> &amp;c. before them the <HI>Keepers</HI> in the Up|per Bench, the &s;ame day i&s;&s;uing, reciting that whereas the late Sheriff of <HI>Su&s;&s;ex</HI> had lately been commanded, that of the Goods and Chattels which were of <HI>H. E.</HI> decea&s;ed, lately called, &amp;c. at the time of his death, in the hands and cu&s;tody of the afore&s;aid <HI>R. B.</HI> Executor of the Te&s;tament and la&s;t Will of the afore&s;aid H. together with one <HI>T. Wickenden</HI> now decea&s;ed, lately the Wife of <HI>E. W.</HI> co|executrix with the afore&s;aid <HI>R.</HI> of that Te&s;tament in his Bailiwick, he &s;hould cau&s;e to be made twenty pounds of <HI>Debt,</HI> which <HI>I. E.</HI> late|ly in the Court of the <HI>Keepers, &amp;c.</HI> before them the &s;aid <HI>Keepers,</HI> in the Upper Bench at <HI>We&s;tmin&s;ter</HI> afore&s;aid, had recovered again&s;t him; and al&s;o forty &s;hillings which to the &s;ame <HI>I.</HI> in the &s;ame Court of the <HI>Keepers, &amp;c.</HI> before them, &amp;c. were adjudged for his <HI>Damages</HI> which he &s;u&s;tained, as well by occa&s;ion of detaining of that <HI>Debt,</HI> as for his co&s;ts and charges by him about his Suit in this behalf expend|ed,
<PB N="238" REF="122">if &s;o much in his hands he &s;hould have: and if he &s;hould not have &s;o much in his hands to be admini&s;tred, then the damages afore&s;aid of the proper Goods and Chattels of him the &s;aid <HI>R.</HI> whereof he is convicted, as to the &s;aid <HI>Keepers, &amp;c.</HI> doth appear of Record: And whereupon in the Court of the &s;aid <HI>Keepers, &amp;c.</HI> before them, <HI>&amp;c.</HI> it was con&s;idered, that the afore&s;aid <HI>I.</HI> &s;hould have Execution again&s;t the afore&s;aid <HI>R.</HI> of the debt and damages afore&s;aid, in form afore&s;aid: And that he &s;hould have tho&s;e Moneyes before the &s;aid <HI>Keepers,</HI> &amp;c. in the upper Bench at <HI>We&s;tmin&s;ter</HI> on Munday next after, &amp;c. to render to the &s;aid <HI>I.</HI> for the debt and damages afore&s;aid: And the &s;aid She|riff of <HI>S.</HI> at that day, to the &s;aid <HI>Keepers,</HI> &amp;c. returned that the &s;aid <HI>R.</HI> had no Goods or Chattels in his Bailiwick, in his hands, which were of the afore&s;aid <HI>H. E.</HI> decea&s;ed, whereof the debt and damages afore|&s;aid he could any waies cau&s;e to be made, nor any his proper Goods or Chattels, whereof the damages afore&s;aid, or any parcel thereof, he could any wi&s;e cau&s;e to be made: Whereupon on the behalf of the afore&s;aid <HI>I.</HI> in the Courts of the &s;aid Keepers, &amp;c. before them, &amp;c. it was &s;ufficiently te&s;tified, That the &s;aid <HI>R.</HI> had Goods and Chattels &s;uf|ficient, which were of the afore&s;aid <HI>H.</HI> at the time of his death in his hands in the Bailiwick of the afore&s;aid late Sheriff of the County of <HI>Kent,</HI> whereof the debt and damages afore&s;aid they might cau&s;e to be made and levied: Therefore it was commanded to the then late She|riff of <HI>Kent,</HI> that of the Goods and Chattels which were of the afore|&s;aid <HI>H.</HI> at the time of his Death, in the hands and cu&s;tody of the afore|&s;aid <HI>R.</HI> in his Bailiwick, he &s;hould cau&s;e to be made the afore&s;aid two and twenty pounds, if &s;o much he had in his hands to be admini&s;tred, and if &s;o much in his hands he had not to be admini&s;tred, then forty &s;hillings thereof for his damages afore&s;aid of the proper Goods and Chattels of him the &s;aid <HI>R.</HI> And that he &s;hould have tho&s;e Moneys before the &s;aid <HI>Keepers,</HI> &amp;c. in the Upper Bench at <HI>W.</HI> on, &amp;c. To ren|der to the &s;aid <HI>I.</HI> for the debt and damages afore&s;aid in form afore&s;aid, and that he &s;hould have there then that Writ, and although the afore|&s;aid <HI>R. B.</HI> no Goods or Chattels which were of the afore&s;aid <HI>H. E.</HI> at the time of his death ever had in his hand to be Admini&s;tred: And al|though the &s;ame <HI>R.</HI> any Goods and Chattels which were, &amp;c. (as in the <HI>Declaration</HI> next before until the end, changing two per&s;ons for one) and thereof as well for the <HI>Keepers,</HI> &amp;c. as for him&s;elf produ|ceth Suit, &amp;c. And now at this day (that is to &s;ay) on, &amp;c. in this &s;ame Term (until which day the &s;aid <HI>Defendant</HI> had licence to imparl to the &s;aid Bill,
<NOTE PLACE="marg">The Plea not Guilty.</NOTE> and then to an&s;wer, &amp;c.) before the <HI>Keepers,</HI> &amp;c. in the Upper Bench at <HI>W.</HI> came as well the afore&s;aid <HI>R. B.</HI> who as well, &amp;c. by his Attorney afore&s;aid, as the &s;aid <HI>R. L.</HI> by <HI>John Saunders</HI> his Attorney: And the &s;aid <HI>Defendant</HI> cometh and defendeth the force and injury when, &amp;c. And &s;aith, That he is not thereof guilty, and of this he putteth him&s;elf upon the Countrey, and the &s;aid Plaintiff,
<PB N="239" REF="122">who as well, &amp;c. likewi&s;e, &amp;c. Therefore let Jurors thereof come before the &s;aid <HI>Keepers</HI> in the Upper Bench at <HI>W.</HI> on, &amp;c. And who neither, &amp;c. to recognize, &amp;c. becau&s;e as well, &amp;c. The &s;ame day is given to the &s;aid parties there, &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>WAlter New&s;am <HI>doth complain of</HI> William VViggen <HI>in the custo|dy of the Mar&s;hal,</HI> &amp;c.
<NOTE PLACE="marg">Again&s;t a Vicar for not injoyn|ing rate Tythes, according to his promi&s;e.</NOTE> <HI>for that (that is to &s;ay) that whereas the &s;ame</HI> VV. <HI>(Such a day and yeare) at</HI> C. <HI>in the County</HI> &amp;c. <HI>was Vi|car of the Pari&s;h Church of</HI> C. <HI>afore&s;aid, and in right of his Vicaridge afore&s;aid, was &s;eized of the Tythes of Lambs, Wooll, and of other privy Tythes yearely increa&s;ing, coming and ari&s;ing within the afore&s;aid Pari&s;h of</HI> C <HI>afore&s;aid (and the afore&s;aid</HI> VV. <HI>then being a Pari&s;hioner of the &s;ame Pari&s;h of</HI> C. <HI>afore&s;aid) the afore&s;aid</HI> VV. <HI>afterwards, that is to &s;ay, the afore&s;aid (&s;uch a day and year) above&s;aid at</HI> C. <HI>afore&s;aid in the County afore&s;aid, in con&s;ideration of two and twenty pounds of lawful,</HI> &amp;c. <HI>to the &s;ame</HI> VV. <HI>by the &s;ame Plaintiff then and there faithfully paid, did a&s;&s;ume upon him&s;elf, and to the &s;aid</HI> VV. <HI>then and there faithfully promi&s;ed, that he the &s;ame Plaintiff, all and &s;ingular Tythes of Lambs and Wooll, &amp; of all other Tythable things what&s;oever called privy tythes, to the &s;ame De|fendant by the &s;aid Plaintiff then afterwards to be due, and to be paid within the Pari&s;h afore&s;aid, in what manner &s;oever increa&s;ing, coming, or ari&s;ing by the &s;pace of five years from thence next following, &s;hould have and enjoy, if the &s;ame Defendant, the Vicar of the Vicaridge afore&s;aid &s;o long &s;hould continue, and &s;hould retain and po&s;&s;e&s;&s;e the Vicaridge afore|&s;aid in his own hands: And if the afore&s;aid</HI> VV. <HI>Vicar of the Vicar|ridge afore&s;aid, by the aforevaid time of five yeares &s;hould not continue, nor the Vicaridge afore&s;aid in his own hands &s;o long &s;hould retaine and po&s;&s;e&s;&s;e; then the &s;ame Defendant foure pounds and eight &s;hillings of Law|ful,</HI> &amp;c. <HI>for every year in which the &s;ame</HI> VV. <HI>was not Vicar of the Vica|ridge afore&s;aid, nor the Vicaridge afore&s;aid in his hands &s;hould have, to the afore&s;aid Plaintiff when thereunto afterwards he &s;hould be required, well and truly would pay and content: And the &s;ame Plaintiff in Fact &s;aith, that the afore&s;aid Defendant in the la&s;t year of the afore&s;aid five years, was not Vicar of the Vicaridge afore&s;aid, nor the &s;ame Vicaridge in his own hands had and held, by which the afore&s;aid Plaintiff, all and &s;ingular the Tythes of Lambs and Wooll, and other privy Tythes afore|&s;aid, by the &s;pace of one year of the afore&s;aid five years, could not have and enjoy, yet the &s;aid Defendant his promi&s;e and u&s;&s;umption afore&s;aid not regarding, but devi&s;ing,</HI> &amp;c. <HI>to defraud, the afore&s;aid four pounds and</HI> 8. <HI>&s;hillings to the &s;ame</HI> W. <HI>by the &s;ame Defendant, in form afore&s;aid due, to the &s;aid Plaintiff hath not as yet paid, nor any wi&s;e hitherto for the &s;ame contented (although this to doe,</HI> &amp;c. <HI>was required) by which the &s;ame Plaintiff divers commodities, profits, and advantages which he with the afore&s;aid four pounds and eight &s;hillings in buying, &s;elling, and law|fully
<PB N="240" REF="123">bargaining, might have had and gained (if the afore&s;aid Defendant his promi&s;e and a&s;&s;umption afore&s;aid, in forme afore&s;aid made, had per|formed) wholly lo&s;t: Whereupon he &s;aith, that he is damnified, and hath damage, &amp;c.</HI> Trin. 6. Jac.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>London.</HI>
<NOTE PLACE="marg">Promi&s;e to &s;ave harmle&s;&s;e a Surety again&s;t a Bond.</NOTE> <HI>&s;&s;. RIchard Rimwel</HI> doth complain of <HI>Charles Leonard</HI> in the cu&s;tody of the Mar&s;hal, <HI>&amp;c.</HI> For that (that is to &s;ay) That whereas the afore&s;aid <HI>C.</HI> (Such a day and year) at <HI>London,</HI> &amp;c. In con&s;ideration that the afore&s;aid <HI>R.</HI> then and there at the e&s;pe|ciall in&s;tance and reque&s;t of the &s;ame <HI>C.</HI> would become bound and ob|liged to one <HI>G W.</HI> by his certain Writing obligatory, in due form of Law to be made, &s;ealed, and as his Deed delivered, in twenty four pounds of lawful, &amp;c. Yet under the condition of twelve pounds and twelve &s;hillings of like lawful, &amp;c. to the &s;ame <HI>Plaintiff,</HI> upon the fir&s;t day of <HI>May</HI> then next following, at or in the then dwelling hou&s;e of the afore&s;aid <HI>G.</HI> &s;cituate in, &amp;c. by the afore&s;aid <HI>R.</HI> and <HI>C.</HI> or either of them to be made, did a&s;&s;ume upon him&s;elf, and to the &s;aid <HI>R.</HI> then and there (that is to &s;ay) Such a day and year above&s;aid at <HI>L.</HI> afore&s;aid, to wit, in, &amp;c. afore&s;aid, did faithfully promi&s;e, that he the &s;aid <HI>C.</HI> the afore&s;aid twelve pounds and twelve &s;hillings to the &s;aid <HI>G.</HI> upon the afore&s;aid fir&s;t day of <HI>May,</HI> in di&s;charge of the afore&s;aid Writing Obligatory would pay, and the &s;aid <HI>R.</HI> from thence afterwards, of, and concerning the Writing obligatory afore&s;aid, would keep and &s;ave harmle&s;&s;e and indempnified: And the &s;ame <HI>R.</HI> in fact &s;aith, That he giving credit to the promi&s;e and A&s;&s;umption of the &s;aid <HI>C.</HI> afore&s;aid afterwards, to wit, the &s;ame la&s;t day of <HI>October</HI> in the year, &amp;c. above|&s;aid, at <HI>L.</HI> &amp;c. at the &s;aid in&s;tance and reque&s;t of the &s;ame <HI>C.</HI> toge|ther with the afore&s;aid <HI>C.</HI> for the &s;ole, meer, and proper Debt of the &s;aid <HI>C.</HI> became bound and obliged to the &s;aid <HI>G. W.</HI> by his certain Writing Obligatory, in due form of Law made, &s;ealed, and as his Deed delivered in the afore&s;aid twenty four pounds; yet under the condi|tion for the payment of the afore&s;aid twelve pounds and twelve &s;hillings to the &s;ame <HI>G.</HI> upon the afore&s;aid fir&s;t day of <HI>May,</HI> in manner and form afore&s;aid to be made; yet the &s;aid <HI>C.</HI> his Promi&s;e, &amp;c. not regarding, but devi&s;ing, &amp;c. to defraud, the afore&s;aid twelve pounds and twelve &s;hillings to the &s;aid <HI>G.</HI> upon the afore&s;aid fir&s;t day of <HI>May,</HI> according to the form and and effect of the Condition afore&s;aid hath not paid, or the &s;ame <HI>G.</HI> for the &s;ame hitherto any wi&s;e contented, nor the &s;ame <HI>R.</HI> of and concerning the Writting Obligatory afore&s;aid, hath kept and &s;aved harmle&s;&s;e and indempnified, although this to do the &s;ame <HI>C.</HI> afterwards, to wit (&s;uch a day, year, and place) afore|&s;aid by the &s;aid <HI>R.</HI> was required; by which, and for that that the afore|&s;aid twelve pounds and twelve &s;hillings to the &s;aid <HI>G.</HI> upon the afore|&s;aid
<PB N="241" REF="123">fir&s;t day of <HI>M.</HI> according to the form and effect of the condition afore&s;aid were unpaid, the afore&s;aid <HI>G.</HI> afterwards, to wit, (in &s;uch a Term and Year) in the Court, &amp;c. before, &amp;c. did implead him the &s;aid <HI>R.</HI> of and upon the afore&s;aid Writing Obligatory of the afore|&s;aid twenty four pounds and that plea in &s;o much did pro&s;ecute that the &s;ame <HI>R.</HI> not onely twenty pounds of and upon the Writing Obligato|ry afore&s;aid, to the &s;aid <HI>G.</HI> was forced and compelled to pay, but al&s;o divers &s;ums of moneys about the Defence of the &s;uit afore&s;aid, was for|ced to expend and lay out, whereupon he &s;aith that he is dam|nified, &amp;c. <HI>H.</HI> 1. <HI>Car.</HI>
<NOTE PLACE="marg"><HI>Replevin in the</HI> Detinet <HI>and</HI> Detinuit.</NOTE></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Bedford. &s;&s;. WIlliam Leach,</HI> Gentleman,
<NOTE PLACE="marg">For heighten|ing a Water-cour&s;e that it overflowed and drowned the Plaintiff meadow.</NOTE> one of the Clarks of <HI>Ro|bert Henly, &amp;c.</HI> complaineth of <HI>William Ellyot,</HI> otherwi&s;e <HI>Tiffin</HI> in the cu&s;tody of the <HI>Mar&s;hal, &amp;c.</HI> for that (that is to &s;ay) that whereas the &s;ame <HI>W. L.</HI> the fir&s;t day of <HI>June,</HI> (in &s;uch a year) and alwaies afterwards hitherto was &s;eizeed, and yet is &s;eized, of and in ten Acres of Meadow with the Appurtenances, within the Pari&s;h of <HI>Felmer&s;ham</HI> in the County afore&s;aid (next adjoyning to a certain River or watercour&s;e from the time of the contrary whereof, the memory of men is not Extant, running to certain Water Mills called <HI>Stoake Mills,</HI> and to the Damms called the Mill Dammes of the &s;ame Mills, &s;ituate within the Pari&s;h of <HI>Felmer&s;ham</HI> afore&s;aid, and the Pari&s;h of <HI>Blet&s;oe</HI> in the County afore&s;aid, in his <HI>Deme&s;ne</HI> as of <HI>Fee;</HI> yet the afore&s;aid <HI>William Ellyot,</HI> otherwi&s;e <HI>Tyffin,</HI> not igno|rant of the Premi&s;es, but Devi&s;ing and Maliciou&s;ly intending him the &s;aid <HI>William Leach</HI> of the whole profit of the afore&s;aid ten Acres of meadow to deprive and defraud, the day and year above|&s;aid, and by the &s;pace of ten moneths then next following, the Wa|ter of the River or Water-cour&s;e afore&s;aid, at the Mills and Damms afore&s;aid, more higher then was wont, in &s;o much did heighten, that the Water of the River or Water-cour&s;e afore&s;aid being &s;o height|ned more higher then was wont (over flowing the Banks of the River or Water-cour&s;e afore&s;aid, within the Pari&s;h afore&s;aid) did overflow and drown the &s;aid ten Acres of medow of him the &s;aid <HI>William Leach</HI> by the time afore&s;aid, by which the &s;ame <HI>William Leach</HI> did not onely loo&s;e the whole u&s;e and profit of the afore&s;aid ten Acres of medow, by the whole time afore&s;aid, but al&s;o the &s;oyl of him the &s;aid <HI>William Leach</HI> of the afore&s;aid ten Acres of medow, by rea|&s;on of the overflowing and drowning afore&s;aid, was very much &s;poiled and made wor&s;e; whereupon the &s;ame <HI>William Leach</HI> &s;aith, that he is damnified and hath damage to the value of forty pounty and thereupon he bringeth the Suit, &amp;c. <HI>H.</HI> 6. <HI>Car.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="242" REF="124">
<P><HI>London &s;&s;.</HI>
<NOTE PLACE="marg">A promi&s;e in can&s;ideration of procuring one to be arre&s;ted in the Sheriffs, of L. Court.</NOTE> <HI>THomas Gri&s;&s;in,</HI> doth complain of <HI>John Creek,</HI> in the cu|&s;tody of the Mar&s;hal, &amp;c. for that (that is to &s;ay) that whereas one <HI>Edward Shilling</HI> the two and twentieth Day of <HI>F.</HI> (in &s;uch a year) at <HI>London</HI> in the pari&s;h of the ble&s;&s;ed <HI>Mary,</HI> &amp;c. was indebted to the &s;aid <HI>I. C.</HI> in divers and &s;everal &s;ums of Monyes, in the whole amounting to one hundred pounds of lawful, &amp;c. And the &s;ame <HI>I. C.</HI> for the more &s;ooner obtaining and recovery of his Debt afore&s;aid, then and there did greatly labour and endeavour to procure and cau&s;e the &s;ame <HI>E. S.</HI> for his Debt afore&s;aid, to be taken &amp; arre&s;ted, and whereas the &s;ame <HI>I. C.</HI> afterwards, (that is to &s;ay) the &s;ame twenty fir&s;t day of <HI>F.</HI> in the ninth year above&s;aid at <HI>L.</HI> afore&s;aid, in the <HI>P.</HI> and <HI>W.</HI> afore&s;aid, in con&s;ideration that the afore&s;aid <HI>T. G.</HI> at the &s;pecial in|&s;tance and reque&s;t of him the &s;aid <HI>I. C.</HI> would procure, and by the in|du&s;try and means of him the &s;aid <HI>T. G.</HI> would cau&s;e the &s;aid <HI>E. S.</HI> (then lurking and wandring within the City of <HI>London</HI> afore&s;aid) to be taken and arre&s;ted at the Suit of the &s;ame <HI>I. C.</HI> of and upon a certain plea of debt upon demand of the afore&s;aid hundred pounds, did a&s;&s;ume upon him&s;elf and to the &s;aid <HI>T. G.</HI> then and there faithfully promi&s;e, that he the &s;ame <HI>I. C.</HI> &s;ix pounds thirteen &s;hillings and four pence of law|ful, &amp;c. to the &s;ame <HI>T. G.</HI> (that is to &s;ay) ten &s;hillings thereof in hand (of which &s;aid ten &s;hillings the &s;ame <HI>T. G.</HI> doth acknowledge him&s;elf to be &s;atisfied) and &s;ix pounds three &s;hillings and four pence re&s;idue thereof, when thereunto afterwards he &s;hould be required, well and truly would pay and content, and the &s;ame <HI>T. G.</HI> in fact &s;aith, that he the &s;ame <HI>T.</HI> adhering and giving credit to the promi&s;e and a&s;&s;umption of the &s;aid <HI>I. C.</HI> afore&s;aid after, (that is to &s;ay) the twenty &s;econd Day of <HI>F.</HI> in the ninth year above&s;aid, in the Court of the Lord the King, before <HI>Edward Barkham,</HI> then one of the Sheriffs of the City of <HI>London,</HI> in his Compter called the <HI>Poultry</HI> Compter, &s;cituate in the Pari&s;h of Saint <HI>Mildred</HI> the Virgin, in the ward of <HI>Cheap</HI> in <HI>L.</HI> by the appointment of the &s;ame <HI>I. C.</HI> did levy a certain plaint again&s;t the &s;aid <HI>E. S.</HI> at the Suit of the afore&s;aid <HI>I. C.</HI> of a plea of Debt upon Demand of the afore&s;aid hundred pounds, and that thereupon the &s;ame <HI>T. G.</HI> afterwards (that is to &s;ay) the &s;ame &s;econd day of <HI>F.</HI> in the ninth year above&s;aid, at L. afore&s;aid in the <HI>P.</HI> and <HI>W.</HI> afore&s;aid, did procure, and by the indu&s;try and means of him the &s;aid <HI>T. G.</HI> did cau&s;e the &s;aid <HI>E. S.</HI> (then afore&s;aid lurking and wandring within the City of L. afore|&s;aid) to be taken and arre&s;ted, at the &s;uit of the &s;ame <HI>J. C.</HI> of and upon the afore&s;aid plea of Debt upon Demand of the afore&s;aid hundred pounds (that is to &s;ay) by one <HI>William Harri&s;on,</HI> then one of the Serjeants at Mace, and Mini&s;ter of the Court afore&s;aid, within the &s;aid City of <HI>London,</HI> which &s;aid <HI>E. S.</HI> &s;o as afore&s;aid taken and arre&s;ted by
<PB N="243" REF="124">the afore&s;aid Serjeant at Mace, was brought to, and in the pri&s;on of the Lord the King, to wit in the afore&s;aid compter, &s;cituate in the &s;aid Pari&s;h, &amp;c. and then and there under the cu&s;tody of the &s;aid <HI>E. B.</HI> and <HI>G. S.</HI> then Sheriffs of <HI>London,</HI> was detained by virtue of the Plaint afore&s;aid again&s;t him the &s;aid <HI>E. S.</HI> at the Suit of the &s;aid <HI>I. C.</HI> upon Demand of the afore&s;aid hundred pounds in the Compter afore&s;aid &s;o as afore&s;aid levyed, yet the &s;aid <HI>I.</HI> his promi&s;e and a&s;&s;umption afore|&s;aid, as to the afore&s;aid &s;ix pounds three &s;hillings and four pence (re|&s;iadue of the afore&s;aid &s;ix pounds thirteen &s;hillings and four pence) not regarding, but devi&s;ing and fraudulently intending the afore&s;aid <HI>T. G.</HI> of the &s;aid &s;ix pounds three &s;hillings and four pence, craftily and &s;ubtilly to deceive and defraud, the &s;ame &s;ix pounds three &s;hillings and four pence nor any parcel thereof to the &s;aid <HI>T. G.</HI> hath not yet paid, nor any wi&s;e for the &s;ame hitherto contented (although this to do, the &s;aid <HI>I C.</HI> by the &s;aid <HI>T. G.</HI> after, to wit, (Such a Day, year, and place) afore&s;aid was required, by which the &s;ame <HI>T. G.</HI> the whole commodity, Profit and Advantage, which he with the &s;aid &s;ix pounds three &s;hillings and four pence, in Buying, Selling, and lawfully Bargaining might have have had and gained, if the afore&s;aid <HI>I.</HI> his pro|mi&s;e and A&s;&s;umption afore&s;aid, in Forme afore&s;aid made, had per|formed, hath wholly lo&s;t; whereupon he &s;aith, <HI>&amp;c. P.</HI> 10. <HI>Jacobi.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Gloue. &s;&s;. JOhn Clutterbooke, Thomas C. and George C.</HI>
<NOTE PLACE="marg">A Promi&s;e to &s;tand to an Ar|bitrement, where two did &s;ubmit to the Arbitrement.</NOTE> do complain of <HI>Richard Hammonds</HI> in the Cu&s;tody of the Mar&s;hal, &amp;c. For that, to wit, that whereas divers &s;trifes and Controver&s;ies were had and moved between him the &s;aid <HI>I. C.</HI> and one <HI>W. C.</HI> and <HI>A. C.</HI> of the one part, and the afore&s;aid <HI>R. H.</HI> of the other part, and whereas for the pacifying and determining of the &s;ame &s;trifes and Controver|&s;ies, as well the &s;ame <HI>I. C. W.</HI> and <HI>A.</HI> as the &s;aid <HI>R.</HI> had &s;ubmitted them|&s;elves to the Order and Arbitrement of <HI>G. T.</HI> E&s;quire <HI>M. S. T. B.</HI> and <HI>T. C.</HI> Arbitrators between them indifferently cho&s;en, the &s;aid <HI>R.</HI> the twentieth day of <HI>O.</HI> (in &s;uch a year) at <HI>Barkley,</HI> in the County afore&s;aid, in con&s;ideration thereof, and in con&s;ideration of &s;ix pence of lawful, &amp;c. by the &s;ame <HI>I. C. T. C.</HI> and <HI>G. C.</HI> to the &s;aid <HI>R.</HI> then and there paid, did a&s;&s;ume upon him&s;elf, and to the &s;ame <HI>I. T.</HI> and <HI>G. C.</HI> then and there faithfully promi&s;e to perform the Arbitrement and Order by the &s;ame <HI>G. T. M. T. B.</HI> and <HI>T. R.</HI> thereupon to be made on his part to be performed, or the &s;ame <HI>R.</HI> would pay to the &s;ame <HI>I. T.</HI> and <HI>G. C.</HI> forty pounds of lawful, &amp;c. when he &s;hould be there|unto required, and they the &s;ame <HI>I. T. C.</HI> and <HI>G. C.</HI> in Fact &s;ay, that the Arbitrators afore&s;aid, (taking upon them the charge of the Arbi|trement and Order between the afore&s;aid <HI>I. W.</HI> and <HI>A.</HI> and of the &s;aid <HI>R.</HI> of and upon the Premi&s;es afterwards to wit, the &s;ame day and year
<PB N="244" REF="125">at <HI>B.</HI> afore&s;aid did arbitrate and order between the &s;ame <HI>I. W.</HI> and <HI>A.</HI> and the &s;aid <HI>R.</HI> in Form following; fir&s;t of all, that all Suits then De|pending between the afore&s;aid <HI>I. W.</HI> and <HI>A.</HI> and the &s;aid <HI>R.</HI> and all cau&s;es of Controver&s;ies &s;hould wholly cea&s;e: Al&s;o the Arbitrators afore&s;aid, did likewi&s;e arbitrate, that the &s;aid <HI>R. H</HI> &s;hould pay to the &s;aid <HI>I. W. C.</HI> and <HI>A.</HI> five and forty &s;hillings of lawful, &amp;c. upon the Fea&s;t day of Saint <HI>Stephen,</HI> then next following: And they the &s;ame <HI>I. T. C.</HI> and <HI>G. C.</HI> further in Fact &s;ay, that the afore&s;aid <HI>R.</HI> hath not paid to the &s;ame <HI>I. W.</HI> and <HI>A.</HI> or to any of them the &s;aid five and forty &s;h<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">llings upon the afore&s;aid Fea&s;tival day of Saint <HI>Stephen,</HI> which to him upon the &s;ame day he ought to have paid, according to the Form and Effect of the Arbitrement afore&s;aid: And although the &s;ame <HI>J. W.</HI> and <HI>A.</HI> in and by all things have performed the Arbitre|ment and Order afore&s;aid on their parts to be performed, yet the faid <HI>R.</HI> his promi&s;e and A&s;&s;umption afore&s;aid, not regarding, but de|vi&s;ing and fraudulently intending the &s;ame <HI>I T. G.</HI> and <HI>G. C.</HI> in this be half, craftily and &s;ubtil<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">y to deceive and defraud, the afore&s;aid for|ty pounds to the &s;ame <HI>I. T. C.</HI> and <HI>G. C.</HI> or any of them, although this to do, the &s;ame <HI>R.</HI> by the &s;ame <HI>I T. C.</HI> and <HI>G. C.</HI> afterwards (that is to &s;ay) (&s;uch a day and year) at <HI>B.</HI> afore&s;aid was required, according to his promi&s;e and A&s;&s;umption afore&s;aid hath not paid, neither for the &s;ame hitherto any wi&s;e contented: whereupon the &s;aid Plaintiffs &s;ay that they are damnified, &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>London. &s;&s;.</HI>
<NOTE PLACE="marg">For money due for the hire of an apprentice to be a Ship|wright in a Voyage beyond Sea, and for refu&s;ing to bring him back according to promi&s;e.</NOTE> <HI>JOhn Coale,</HI> late of, &amp;c. was attached to an&s;wer <HI>Henry Cooper</HI> of a plea, that whereas the &s;ame <HI>H.</HI> (Such a day and year) and ever &s;ince hitherto at <HI>London,</HI> had u&s;ed and exerci&s;ed, and doth u&s;e and exerci&s;e the Art or My&s;tery of a <HI>Shipwright,</HI> and one <HI>I. C</HI> then and yet an Apprentice of him the &s;aid <HI>H.</HI> in that Art or My&s;tery by three years then la&s;t pa&s;t, and more, had Educated, Taught, and in&s;tructed, and him the &s;aid <HI>I.</HI> in that Art or My&s;tery, had rendred skilful and Expert: And whereas afterwards, to wit, the thirtyeth Day of <HI>April</HI> (in &s;uch a year) the &s;aid <HI>I. C.</HI> was a <HI>Ship-Ma&s;ter,</HI> of a certain Ship called the <HI>George,</HI> then lying at Anchor in the Port of <HI>Rochel</HI> within the Country of <HI>France,</HI> in the Parts be|yond Sea, which &s;aid Ship then was prepared, de&s;igned, and appoint|ed, for a certain Voyage under the goverment of the &s;aid <HI>I. C.</HI> to be &s;ailed made and performed from the Port of <HI>R.</HI> afore&s;aid unto the Country of <HI>Virginia,</HI> in the parts beyond Sea, there to be laden, and after the lading of the Ship afore&s;aid in <HI>Virginia</HI> afore&s;aid, from <HI>Virginia</HI> afore&s;aid, to the Port of <HI>London,</HI> under the Government of the &s;ame <HI>I. C.</HI> to be &s;ailed and returned, the &s;aid <HI>I. C.</HI> afterwards, (to wit) the &s;ame Such a Day and Year afore&s;aid, at <HI>L.</HI> afore&s;aid
<PB N="245" REF="125">in con&s;ideration that the &s;ame <HI>H.</HI> at the e&s;peciall in&s;tance and reque&s;t of the &s;aid <HI>I. C.</HI> would &s;uffer the afore&s;aid <HI>John Cooper</HI> then and yet Apprentice of him the &s;aid <HI>H. C.</HI> afore&s;aid being to &s;erve the &s;aid <HI>I. Cole,</HI> in the Ship afore&s;aid, as Shipwright of that Ship during his voyage afore&s;aid, as afore&s;aid to be made and performed, did a&s;&s;ume upon him&s;elf and to the &s;ame <HI>H.</HI> then and there faithfully promi&s;e, that he the &s;aid Defendant, when thereunto after the Voyage was done and performed, he &s;hould be required, would pay to the &s;ame <HI>H.</HI> for the &s;ervice of the afore&s;aid <HI>I. Cooper,</HI> &s;o as afore&s;aid be&s;towed, according to the rate of eight and thirty &s;hillings, of lawful, &amp;c. for every Moneth, in which the &s;ame <HI>John Cooper</HI> &s;o as afore&s;aid &s;hould &s;erve the &s;aid <HI>I. Cole:</HI> and al&s;o that he the &s;ame Defendant would bring back the afore&s;aid <HI>Iohn Cooper,</HI> in the Ship afore&s;aid unto the Port of <HI>Lon|don</HI> afore&s;aid, as &s;oon as the Ship afore&s;aid after the Voyage afore&s;aid performed, &s;hould come to the &s;aid Port of <HI>London,</HI> if the &s;ame <HI>Iohn Cooper</HI> &s;hould be then living. And although the &s;ame H. upon hope of the faithful performance of the promi&s;e and a&s;&s;umption of the afore&s;aid <HI>I. Cole</HI> afore&s;aid, did &s;uffer the &s;aid <HI>I. Cooper</HI> to &s;erve the afore&s;aid <HI>I. Cole</HI> in the Ship afore&s;aid, during the Voyage afore&s;aid in Form afore&s;aid to be done and performed, as &s;hip wright of that Ship: And although al&s;o the Ship afore&s;aid after the promi&s;e and a&s;&s;umption afore&s;aid, in form afore&s;aid made, from the Port of <HI>R.</HI> afore&s;aid, unto the afore&s;aid Country of <HI>Virginia</HI> did &s;ail, and there af|terwards, to wit (Such a day and year) was Laden, and after the Lading of the &s;ame, from the afore&s;aid Country of <HI>Virginia,</HI> unto the Port of <HI>L.</HI> afore&s;aid did come, and there, afterwards, that is to &s;ay (Such a day and year) above&s;aid, the Voyage afore&s;aid had performed: And al|though al&s;o the &s;ame <HI>I</HI> during the Voyage afore&s;aid, that is to &s;ay, By the &s;pace of Eight and forty Moneths did &s;erve the &s;aid <HI>J. Cole</HI> in the Ship afore&s;aid, as &s;hip wright of that Ship, and ninety one pounds and four &s;hillings of lawful, &amp;c. to the &s;ame <HI>H.</HI> for the Service of him the &s;aid <HI>I. Cooper</HI> afore&s;aid, according to the rate afore&s;aid, during the afore&s;aid time in which the afore&s;aid, <HI>I. C.</HI> did &s;o &s;erve the &s;aid <HI>I. C.</HI> in the Voyage afore&s;aid as afore&s;aid according to the promi&s;e and a&s;&s;umption of the &s;aid <HI>I. C.</HI> were due and payable: (and moreover al|though the &s;aid <HI>I. Cooper</HI> was then living and in full life) yet the &s;aid <HI>I. Cole</HI> his promi&s;e and a&s;&s;umption afore&s;aid not regarding, but devi&s;ing, &amp;c. to the &s;aid <HI>H.</HI> hath not paid the afore&s;aid ninety one pounds and four &s;hillings, nor the &s;aid <HI>I. Cooper</HI> in the &s;hip afore&s;aid unto the Port of <HI>London</HI> afore&s;aid, after the Voyage afore&s;aid, in form afore|&s;aid performed, hath brought back again, according to the promi&s;e and a&s;&s;umption of the &s;aid <HI>I. Cole</HI> afore&s;aid, Although the &s;aid <HI>I. C.</HI> this to do, after the Voyage afore&s;aid, in form afore&s;aid per|formed, to wit (Such a Day and Year) and often afterwards at <HI>L.</HI> afore&s;aid, by him the &s;aid <HI>H.</HI> was required, but the &s;aid ninety one
<PB N="246" REF="126">pounds and four &s;hillings to the &s;ame <HI>H.</HI> or to the &s;ame, or the afore|&s;aid <HI>J. Cooper</HI> in form afore&s;aid to bring back, hitherto hath alwaies re|fu&s;ed, and yet doth refu&s;e, to the Damage of him the &s;aid <HI>H.</HI> of two hundred pounds, <HI>&amp;c.</HI> And whereupon the &s;ame <HI>H.</HI> by <HI>W. C.</HI> his Attor|ny doth complain, that whereas, &amp;c. <HI>M.</HI> 17. <HI>Car.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Heref.</HI>
<NOTE PLACE="marg">For re&s;cuing of Cattel taken for Relie&s;e.</NOTE> <HI>&s;&s;. Robert,</HI> Bi&s;hop of <HI>Hereford,</HI> doth complain of <HI>Richard H. Anne</HI> his wife, and <HI>J. Nicholls</HI> in the cu&s;tody of the Mar&s;hal, &amp;c. for that (that is to &s;ay) that whereas the &s;aid <HI>E.</HI> the fir&s;t day of <HI>A.</HI> (in &s;uch a year) and long before and alwaies after, was, and yet is &s;eized in his <HI>Deme&s;ne</HI> as of <HI>Fee,</HI> as in right of his <HI>Bi&s;hoprick</HI> afore&s;aid, of and in the Mannor of <HI>Bromyard Foren</HI> in the County afore&s;aid: And that one <HI>J. S.</HI> was lately &s;eized of and in one Me&s;&s;uage and two Roods of Land with the appurtanances, called <HI>Newberry,</HI> ly|ing in <HI>Grendon Bi&s;hop</HI> within the Mannor of <HI>B F.</HI> afore&s;aid, in the afore|&s;aid County; and &s;o being thereof &s;eized, the &s;ame <HI>J. S.</HI> the afore&s;aid Me&s;&s;uage and two Roods of Land with the appurtenances, did hold of the &s;aid Bi&s;hop, as of his Mannor of <HI>B. F.</HI> afore&s;aid, in the county afore|&s;aid, by Fealty, and rent of 13 <HI>s.</HI> 4 <HI>d.</HI> of lawful &amp;c. by the year, at the fea&s;ts of the Annunciation of, &amp;c. and of Saint <HI>Michael</HI> the Arch|angel, by equal portions yearly to be paid; and by &s;ervice of Suit to be done to the Court of him the &s;aid <HI>B.</HI> of his Mannor of <HI>B. F.</HI> afore&s;aid, from three weeks to three weeks, upon rea&s;onable notice, at the &s;aid Mannor of <HI>B. F.</HI> afore&s;aid to be held, and by releife when it &s;hould happen, of which &s;aid Rents and Services the &s;ame Plaintiff was &s;eized by the hands of the afore&s;aid <HI>J. S.</HI> as by the hands of his true Tenant: And the &s;ame <HI>Plaintiff</HI> being &s;o &s;eized of the <HI>Mannor</HI> afore|&s;aid, and of the rent and &s;ervices afore&s;aid with the appurtenances, in form afore&s;aid: And the afore&s;aid <HI>J. South</HI> &s;o of the Me&s;&s;uage afore|&s;aid, and two Roods of Land afore&s;aid with the appurtenances, in form afore&s;aid being &s;eized: The &s;ame J. <HI>South</HI> (&s;uch a day and year) at <HI>G.</HI> afore&s;aid, within the <HI>Mannor</HI> of <HI>B. F.</HI> afore&s;aid dyed of &s;uch his E&s;tate thereof &s;eized, after the death of which &s;aid <HI>I. S.</HI> the Me&s;&s;uage afore&s;aid, and the &s;aid two Roods of Land with the appurtenances to one <HI>Phillip South</HI> as &s;on and heir of the &s;aid <HI>I. S.</HI> did de&s;cend, by vertue whereof the &s;ame <HI>P. S.</HI> was of the &s;ame Me&s;&s;uage and two Roods of Land with the appurtenances, &s;eized in his <HI>Deme&s;ne</HI> as of <HI>Fee,</HI> and held the &s;ame of the &s;aid <HI>Plaintiff</HI> as of his <HI>Mannor</HI> afore&s;aid, by the rent &amp; &s;ervices afore&s;aid: And becau&s;e 13 <HI>s.</HI> 4 <HI>d.</HI> for the afore&s;aid <HI>Me&s;&s;uage,</HI> and the afore&s;aid two roods of land for releife to the afore&s;aid <HI>Plaintiff,</HI> after the death of the &s;aid <HI>I. S.</HI> due, were behind unpaid: The &s;ame <HI>Plaintiff</HI> by one <HI>John Hill</HI> Gent. then his Bailiff of the Mannor afore|&s;aid, one Bullock at <HI>G. B.</HI> afore&s;aid, within the <HI>Mannor</HI> of <HI>B. F.</HI> afore&s;aid, in a certain clo&s;e, parcel of the &s;aid Tenements of the afore&s;aid <HI>P. S.</HI>
<PB N="247" REF="126">then being, lying, and couching (&s;uch a day and year) did cau&s;e to be taken: And the &s;ame J. H. the Bullock in the name of di&s;tre&s;&s;e for re|leife afore&s;aid, according to the Law and cu&s;tome of the Kingdome of <HI>England,</HI> within the Mannor afore&s;aid, would have impounded and de|tained: the afore&s;aid <HI>Defendants,</HI> the afore&s;aid (&s;uch a day and year) above&s;aid, within the Manor of <HI>B. F.</HI> afore&s;aid, in the County afore&s;aid, by force and arms, &amp;c. the Bullock afore&s;aid did re&s;cue, and that Bullock from the &s;ame <HI>I. H.</HI> then and there did take and cha&s;e away, and other enormities to him they brought, again&s;t the peace, &amp;c.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>ANd hereupon the &s;ame Plaintiff &s;aith that</HI> H. C. <HI>E&s;q</HI>
<NOTE PLACE="marg">Challenge.</NOTE> <HI>who at pre|&s;ent is Sheriff of the County of</HI> Hereford <HI>afore&s;aid, and</HI> J. G. <HI>who now is one of the Coroners of the Lord the King within the County afore|&s;aid, are Tenants of divers tythe-lands and Tenements of him the &s;aid</HI> B. <HI>within the County afore&s;aid, for the terme of divers yeares yet to come, &amp; this he is ready to averr, whereupon the &s;ame</HI> B <HI>prayeth the Writ of the Lord the King of</HI> Venire facias, <HI>of and for the i&s;&s;ue afore&s;aid, between the &s;ame</HI> B. <HI>and the &s;aid Defendants in form afore&s;aid, joyned to be tryed, to</HI> J. Brace <HI>Gentleman, the other Coroner of the Lord the King in the County afore&s;aid to be directed,</HI> &amp;c. Trin. 9. Jac.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>STafford. &s;&s;. Richard Barney <HI>Complaineth of</HI> R. D.
<NOTE PLACE="marg">For &s;etting on a Dog to bite hogs &s;o that they dyed.</NOTE> <HI>in the cu&s;tody of the Mar&s;hal, &amp;c. of that, that he (&s;uch a day and year) by Force and Armes, &amp;c. one Bear of him the &s;aid</HI> R. B <HI>of the price of forty &s;hillings at</HI> W. <HI>in the County afore&s;aid found, did cha&s;e, and then and there did &s;et on a certain Ma&s;tive Bitch to bite the Boar afore&s;aid, which &s;aid Bitch by rea&s;on of that &s;etting on did &s;o bite the Boar, that that Boar in a &s;hort time afterwards, by rea&s;on of that biting dyed, and other Enormities, &amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AL. <HI>complaineth of</HI> W. S. <HI>in the custody of the Mar&s;hal, &amp;c.</HI>
<NOTE PLACE="marg">For keeping <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> Dog u&s;ing to bite &s;heep.</NOTE> <HI>for that (that is to &s;ay) that whereas the afore&s;aid</HI> W. <HI>a certain Dog accu&s;tomed to bite &s;heep (&s;uch a day and year) at B. in the County afore|&s;aid, knowingly did keep and retain: which &s;aid Dogge the &s;ame (&s;uch a day and year) above&s;aid, then being the Dog of the &s;aid</HI> W. <HI>at</HI> B. <HI>afore|&s;aid in the County afore&s;aid, twenty Weathers and ten Ewes of him the &s;aid</HI> A. <HI>at</HI> B. <HI>afore&s;aid found, &s;o grievou&s;ly did bite, that by the bitings of the Dog afore&s;aid, fourteen Weathers of the afore&s;aid Weathers of the price of eight pounds and &s;ix &s;hillings, and four Ews of the afore&s;aid Ews of the price of forty &s;hillings then and there died, and the re&s;idue of the Wea|thers and Ewes were very much wor&s;e, to the damage of him the &s;aid</HI> A. <HI>&s;ixty pounds, and thereof he bringeth Suit,</HI> &amp;c. P. 9. Jac.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="248" REF="127">
<P>THat whereas one <HI>N. I.</HI>
<NOTE PLACE="marg">For digging a Ditch, and ma|king a Hedge in a common path.</NOTE> Gent. was &s;eized in his <HI>Deme&s;ne</HI> as of <HI>Fee,</HI> of and in one Me&s;&s;uage called <HI>A.</HI> in <HI>B.</HI> to which &s;aid Me&s;&s;uage the &s;ame <HI>N.</HI> and all his Ance&s;tors, and all tho&s;e who&s;e e&s;tate he the &s;aid <HI>N.</HI> hath in the &s;ame Me&s;&s;uage with the Appurtenances, have had, and time of mind have been accu&s;tomed for them&s;elves, their Farmers, Te|nants, and Servants, at all times, to have a certain Way and Foot-path, leading from the &s;aid Me&s;&s;uage beyond, and by a certain clo&s;e of him the &s;aid <HI>B.</HI> in <HI>A.</HI> afore&s;aid, called <HI>W.</HI> next adjoyning to the Me&s;&s;uage afore&s;aid, as well to the Village of <HI>H.</HI> in the County afore&s;aid, as to a certain &s;pring in the Clo&s;e afore&s;aid being to have and take water thereof for the nece&s;&s;ary u&s;e of him the &s;aid <HI>N.</HI> his Farmers, Tenants, and Servants, in the Me&s;&s;uage afore&s;aid to be u&s;ed and occupied, and from the Village and &s;pring afore&s;aid, to the Me&s;&s;uage afore&s;aid: Which &s;aid Tenements with the Appurtenances called <HI>A.</HI> the &s;ame <HI>I. C.</HI> of the &s;aid <HI>N.</HI> now holdeth: And, by three years now la&s;t pa&s;t, with the Licen&s;e of one <HI>I. A.</HI> by the righ. of the &s;aid <HI>I.</HI> hath held, and was Farmer thereof by vertue of a certain Demi&s;e to the I. and <HI>I.</HI> for the Term of their Lives, and the longer liver of either of them there|of made, yet the &s;aid <HI>Defendant,</HI> not ignorant of the premi&s;&s;es, but devi&s;ing and intending him the &s;aid <HI>I.</HI> as well of the Way and Path afore&s;aid, as of the Nece&s;&s;ary u&s;e, advantage, and profit of the &s;pring and water afore&s;aid, to defraud and deprive, hath digged a certain Ditch going over the greate&s;t part of the way and path afore&s;aid, be|tween the afore&s;aid Me&s;&s;uage and &s;pring afore&s;aid, in the clo&s;e afore|&s;aid and upon the &s;ame ditch hath &s;et up a certain frith, and hath plow|ed up and ob&s;tructed that way, by which the &s;ame <HI>I.</HI> according to the cu&s;tome u&s;ed by a great time, could not profitably have the way and path afore&s;aid, to the u&s;e and profit of the &s;pring and water afore&s;aid, to the Damage, &amp;c. <HI>Trin.</HI> 7. <HI>Iac. rot.</HI> 1918. The like, H. 7. <HI>Iac. Rot.</HI> 318.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>BE it remembred that,
<NOTE PLACE="marg"><HI>Again&s;t a She|riff for not ex|ecuting a</HI> Ca|pias ut lagat. <HI>according to his promi&s;e.</HI></NOTE> &amp;c. For that (that is to &s;ay (That whereas the &s;aid W. formerly, (that is to &s;ay) in the Term of Saint <HI>Mi|chael,</HI> (in &s;uch a year) in the Court of the &s;aid Keepers, &amp;c. here (that is to &s;ay) at <HI>W.</HI> had impleaded <HI>G. L.</HI> late, &amp;c. by the name of, &amp;c. of a Plea, that he &s;hould render to him forty pounds, which to him he then owed and unju&s;tly detained: And the &s;ame <HI>G.</HI> for that, that he came not before the Ju&s;tices of the &s;aid <HI>Keepers, &amp;c.</HI> at <HI>W.</HI> to an&s;wer to the &s;aid W. according to the Law and Cu&s;tome of this Nation, was put in the Ex<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">gent to be out-lawed, in the Hu&s;tings of the &s;aid Keepers, &amp;c. in <HI>London,</HI> and by that occa&s;ion, afterwards (that is to &s;ay) on Munday next after the Fea&s;ts of the Apo&s;tle <HI>P.</HI>
<PB N="249" REF="127">and <HI>J.</HI> (in &s;uch a year) was outlawed: And whereas al&s;o the &s;ame <HI>W.</HI> upon the Outlawry afore&s;aid (in &s;uch a Term and Year) for the more &s;peedy obtaining of his Debt afore&s;aid, did pro&s;ecute out of the Court of the &s;aid Keepers, <HI>&amp;c.</HI> of the Common Bench here, a certain Writ of the &s;aid Keepers, <HI>&amp;c.</HI> of taking the &s;aid <HI>G.</HI> &s;o as afore&s;aid out|lawed, to the then Sheriff of the County of <HI>M.</HI> directed, by which &s;ame Writ, the &s;aid Keepers, <HI>&amp;c.</HI> to the &s;aid then Sheriff had com|manded, That he &s;hould not omit for any Liberty of his County, but that he &s;hould take the &s;aid <HI>G.</HI> outlawed, in <HI>L.</HI> (&s;uch a Day and Year) at the Suit of the &s;aid <HI>W,</HI> of a Plea of Debt, if it &s;hould be found in his Bayliwick, and him &s;hould &s;afely keep, &s;o that he might have his body before, <HI>&amp;c.</HI> (&s;uch a Day) to do and receive that which the Court of the &s;aid Keepers, <HI>&amp;c.</HI> of him &s;hould con&s;ider in that behalf: And that he &s;hould have there that Writ, which &s;aid Writ the &s;aid <HI>W.</HI> af|terwards (that is to &s;ay, &s;uch a Day and Year) at <HI>L.</HI> did deliver to the &s;aid <HI>E. P.</HI> then Under-Sheriff of <HI>L:</HI> E&s;q then Sheriff of the &s;aid County of <HI>M.</HI> being, in form of the Law to be executed: The afore&s;aid <HI>E. P.</HI> the afore&s;aid (&s;uch a Day and Year) afore&s;aid at <HI>L.</HI> in con&s;ide|ration of forty &s;hillings to him by the &s;aid <HI>W.</HI> then and there before|hand payd, did a&s;&s;ume upon him&s;elf, and to the &s;aid <HI>W.</HI> then and there faithfully promi&s;ed, That he the &s;ame <HI>E. P.</HI> the afore&s;aid <HI>G.</HI> by ver|tue of the Writ afore&s;aid, before the &s;aid (&s;uch a Day) would procure to be taken and arre&s;ted, and before the Ju&s;tices, <HI>&amp;c.</HI> here, at the afore|&s;aid (&s;uch a Day) to be had, or in default thereof, that then the &s;ame <HI>E. P.</HI> would repay to the &s;aid <HI>W.</HI> at or before the Fea&s;t of <HI>All-Saints</HI> then next following, the afore&s;aid forty &s;hillings: And although the &s;aid <HI>E. P.</HI> Under-Sheriff of the &s;aid <HI>E. L.</HI> of the &s;aid County of <HI>M.</HI> being, by vertue of the Writ to the &s;aid Sheriff in form afore&s;aid di|rected (that is to &s;ay, &s;uch a Day and Year) at <HI>M.</HI> in the County of <HI>M.</HI> afore&s;aid, procured the &s;aid <HI>G.</HI> to be taken and arre&s;ted, yet the &s;aid <HI>E.</HI> not regarding his Promi&s;e and A&s;&s;umption afore&s;aid, but de|vi&s;ing and intending him the &s;aid <HI>W.</HI> in this behalf, to deceive and de|fraud, hath not procured the afore&s;aid <HI>G.</HI> to be had before the Ju&s;ti|ces, <HI>&amp;c.</HI> here at the afore&s;aid (&s;uch a Day) neither hitherto hath repayd the &s;aid forty &s;hillings to the &s;aid <HI>W.</HI> according to his Promi&s;e and A&s;|&s;umption afore&s;aid, although he was often required, but hath denyed to pay to him the &s;ame and yet doth deny, to the Damage of him the &s;aid <HI>W.</HI> of forty pounds, <HI>&amp;c. Hill.</HI> 37 <HI>Eliz. Rot.</HI> 318.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>THat whereas the &s;ame <HI>J.</HI> (&s;uch a Day and Year) was &s;eized,
<NOTE PLACE="marg">Again&s;t a &s;tran|ger for hindring a Freeholder of his Common.</NOTE> and yet is &s;eized of one Me&s;&s;uage, <HI>&amp;c.</HI> in <HI>K.</HI> in the County afore|&s;aid, in his Deme&s;n as of Fee: And whereas the &s;ame <HI>J.</HI> and all tho&s;e who&s;e E&s;tate he the &s;ame <HI>J.</HI> hath, in the Tenements afore&s;aid, with the
<PB N="250" REF="128">Appurtenances, time out of minde, have had and were accu&s;tomed to have Common of Pa&s;ture, in and upon a certain Pa&s;ture, containing by e&s;timation forty Acres, called <HI>L.</HI> in <HI>K.</HI> afore&s;aid, for four hundred and &s;ixty Sheep, upon the Tenements afore&s;aid, with the Appurtenances, lying and couching every year, at all times of the year, as to tho&s;e Tenements, with the Appurtenances belonging, yet the &s;aid Defen|dant not ignorant of the Premi&s;&s;es, but devi&s;ing him the &s;aid <HI>J.</HI> from having or receiving of his Common afore&s;aid, for the &s;aid four hundred and &s;ixty Sheep, in and upon the afore&s;aid parcel of Pa&s;ture called <HI>L.</HI> in form afore&s;aid, unju&s;tly to hinder, damnifie, and defraud, that is to &s;ay (&s;uch a Day and Year) afore&s;aid, did put four hundred Sheep, of him the &s;aid Defendant, upon the afore&s;aid Pa&s;ture called <HI>L.</HI> to feed upon the Gra&s;s there then growing, and the Gra&s;s in and upon the &s;ame parcel of Pa&s;ture growing, from the afore&s;aid (&s;uch a Day) until (&s;uch a Day) then next following, divers Days and Times, which with the afore&s;aid four hundred Sheep, did eat up, tread down, and con&s;ume, whereas the &s;aid Defendant had no Common of Pa&s;ture for any Sheep in and upon the &s;aid parcel of Pa&s;ture called <HI>L.</HI> by which the &s;ame <HI>J.</HI> the profit and commodity of his Common afore&s;aid, in and upon the afore&s;aid parcel of Pa&s;ture called <HI>L.</HI> with the &s;aid four hundred and &s;ixty Sheep, in and upon the afore&s;aid Me&s;&s;uage, <HI>&amp;c.</HI> by the time afore|&s;aid lying and couching, in &s;o large and beneficial manner and form, as he ought and was accu&s;tomed, by the &s;aid time could not have and enjoy; and the afore&s;aid four hundred and &s;ixty Sheep of him the &s;aid <HI>J.</HI> in and upon the afore&s;aid Me&s;&s;uage, <HI>&amp;c.</HI> by the &s;ame time lying and couching in and upon the afore&s;aid parcel of Pa&s;ture called <HI>L.</HI> by the time afore&s;aid being, for want of having &s;ufficient Pa&s;ture there, by the &s;ame time, by the occa&s;ion afore&s;aid, from him withheld, were very much wor&s;ted and Deteriorated, to the Damage, <HI>&amp;c. Hill.</HI> 5 <HI>Jac. Rot.</HI> 817.</P>
<P>His Action,
<NOTE PLACE="marg">Bar by licen&s;e of the owner of the Freehold to put in Cattel, and traver&s;es the pre&s;cription of Common.</NOTE> <HI>&amp;c.</HI> ought not, becau&s;e he &s;aith, That the afore&s;aid &s;ixty Acres of Pa&s;ture called <HI>L.</HI> in <HI>K.</HI> afore&s;aid, in which, <HI>&amp;c.</HI> are, and the afore&s;aid time in which, <HI>&amp;c.</HI> were the Soyl and free Tenement of <HI>E. C.</HI> and <HI>J. H.</HI> and that the afore&s;aid <HI>E. C.</HI> and <HI>J. H.</HI> before the afore&s;aid time in which, <HI>&amp;c.</HI> that is to &s;ay (&s;uch a Day and Year) a|fore&s;aid, at <HI>K.</HI> afore&s;aid, did give licen&s;e to the &s;ame Defendant, to put the afore&s;aid four hundred Sheep of him the &s;aid Defendant, into the afore&s;aid &s;ixty Acres of Pa&s;ture called <HI>L.</HI> in <HI>K.</HI> afore&s;aid, in which, <HI>&amp;c.</HI> to feed upon the Gra&s;s in the &s;ame then growing; by vertue of which licen&s;e the afore&s;aid Defendant, afterwards (that is to &s;ay) &s;uch a Day and Year, did put the afore&s;aid four hundred Sheep of him the &s;aid Defendant, into the afore&s;aid &s;ixty Acres of Land called <HI>L.</HI> to feed upon the Gra&s;s in the &s;ame then growing and the &s;ame four hundred Sheep of him the &s;aid Defendant, were in the afore&s;aid &s;ixty Acres of Pa&s;ture called <HI>L.</HI> by the &s;ame time feeding upon the Gra&s;s in the
<PB N="251" REF="128">&s;ame then growing, as it was lawful for them, without this,
<NOTE PLACE="marg">Traver&s;e the pre&s;cription.</NOTE> That the afore&s;aid <HI>J.</HI> and all tho&s;e who&s;e E&s;tate he the &s;ame <HI>J.</HI> hath in the afore|&s;aid Me&s;&s;uage, <HI>&amp;c.</HI> from the time, and of, <HI>&amp;c.</HI> have had, and were accu&s;tomed to have Common of Pa&s;ture in the afore&s;aid &s;ixty Acres of Pa&s;ture called <HI>L.</HI> in <HI>K.</HI> afore&s;aid, for four hundred and &s;ixty Sheep, upon the afore&s;aid Me&s;&s;uage, <HI>&amp;c.</HI> with the Appurtenances, lying and couching every year, at all times of the year, as to the &s;ame Me&s;&s;uage, with the Appurtenances belonging and pertaining, as the afore&s;aid <HI>J.</HI> by his Declaration afore&s;aid, above hath &s;uppo&s;ed: And this, <HI>&amp;c.</HI> And i&s;&s;ue upon the Traver&s;e, <HI>H.</HI> 5 <HI>Jac. Rot.</HI> 817.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>G. <HI>L.</HI> to an&s;wer <HI>E. S.</HI> of a Plea, That whereas the &s;ame <HI>J. E.</HI>
<NOTE PLACE="marg">For negligent pa&s;turing of Cattel.</NOTE> (&s;uch a Day and Year) had delivered thirty Oxen called Runts, to the &s;aid <HI>G.</HI> to be &s;afe kept, and in the Pa&s;tures of the &s;aid <HI>G.</HI> in <HI>O.</HI> with Gra&s;s and Hay there to be fed and pa&s;tured, for a certain Sum of Mony (that is to &s;ay) <HI>&amp;c.</HI> to the &s;ame <HI>G.</HI> by him the &s;aid <HI>E.</HI> to be payd un|til a certain time (that is to &s;ay) <HI>&amp;c.</HI> now elap&s;ed, at <HI>C.</HI> afore&s;aid: The afore&s;aid <HI>G.</HI> the Runts afore&s;aid, within the time afore&s;aid, &s;o negligently and carele&s;ly did keep, pa&s;ture, and feed, that &s;even Oxen of the &s;aid Oxen afore&s;aid, for want of due keeping and pa&s;turing afore&s;aid, of the &s;aid <HI>G.</HI> were lean, and much wor&s;e to the &s;aid <HI>E.</HI> to the Damage, <HI>&amp;c. Trin.</HI> 17 <HI>Jac. Rot.</HI> 188.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>PAllace of <HI>We&s;tmin&s;ter:</HI>
<NOTE PLACE="marg">Tre&s;pa&s;s for car|rying away hun|dles of Writs.</NOTE> Declaration in Tre&s;pa&s;s for the Keepers of the Writs, again&s;t a Clark of the Common Bench, for carrying away divers Bundles of Writs, in perturbation of his Office, <HI>&amp;c. M.</HI> 24 <HI>H.</HI> 6. <HI>Rot.</HI> 337.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. <HI>Corn,</HI> late, <HI>&amp;c.</HI> to an&s;wer <HI>William Tricket</HI> Chirurgeon, of a Plea,
<NOTE PLACE="marg">For a Chirurge|on who provi|ded Medicines, and the Defen|dant would not take them ac|cording to his promi&s;e.</NOTE> That whereas the &s;aid <HI>J.</HI> (&s;uch a Day and Year) did grievou&s;ly lan|gui&s;h of a certain Di&s;ea&s;e, called the Running of the Reins, of which &s;aid Di&s;ea&s;e the &s;ame <HI>W.</HI> at the &s;pecial in&s;tance and reque&s;t of the &s;aid <HI>J.</HI> the &s;aid (&s;uch a Day and Year) afore&s;aid, had a&s;&s;umed upon him&s;elf, God willing, to cure the &s;aid <HI>J.</HI> in convenient and due time, re&s;pect being had to the quality of the Di&s;ea&s;e afore&s;aid, and the &s;ame <HI>J.</HI> then and there likewi&s;e upon him&s;elf a&s;&s;umed to pay to the &s;ame <HI>W.</HI> for the labor and charge of him the &s;aid <HI>W.</HI> in and about the curing of that Di&s;ea&s;e, fifty &s;hillings, to be payd to the &s;aid <HI>W.</HI> in manner and form following (that is to &s;ay) twenty &s;hillings thereof when the &s;aid <HI>J.</HI> &s;hould of that Di&s;ea&s;e be &s;omewhat cured, and the other twenty &s;hil|lings, re&s;idue thereof, when he the &s;ame <HI>J.</HI> of that Di&s;ea&s;e &s;hould be perfectly healed, and the &s;ame <HI>W.</HI> upon the agreement afore&s;aid,
<PB N="252" REF="129">between them the &s;aid <HI>W.</HI> and <HI>J.</HI> (as afore&s;aid) had provided and com|pounded divers Plai&s;ters, Medicines, Drinks, Cordials, Pills, and o|ther whole&s;om and fit things to cure the Di&s;ea&s;e afore&s;aid; after|wards (that is to &s;ay, &s;uch a Day and Year) at <HI>A.</HI> afore&s;aid, at his proper Co&s;ts, and then and there gave notice to the &s;aid <HI>J.</HI> thereof, requiring him, that he the &s;aid <HI>J.</HI> would take the afore&s;aid Plai&s;ters, Medicines, Drinks, Cordials, Pills, and other whole&s;om and fit things for the recovery of the Di&s;ea&s;e afore&s;aid, as was nece&s;&s;ary to recover him the &s;aid <HI>J.</HI> of that Di&s;ea&s;e; the afore&s;aid <HI>J.</HI> maliciou&s;ly devi&s;ing, and intending craftily and &s;ubtilly to deceive and defraud the &s;ame <HI>W.</HI> in this behalf, and to cau&s;e him the &s;aid <HI>W.</HI> to lo&s;e, as well his Co&s;ts and Charges afore&s;aid, by him, in, and about the Provi&s;ion and Pro|curement of the afore&s;aid Plai&s;ters, Medicines, Drinks, Cordials, Pills, and other whole&s;om and fit things for the recovery of the Di&s;ea&s;e a|fore&s;aid laid out and expended, in the whole amounting to twenty &s;hillings, as for his labor and pains in this behalf &s;u&s;tained, afterwards (that is to &s;ay, &s;uch a Day and Year) and always hitherto at <HI>A.</HI> afore|&s;aid; although (as afore&s;aid) was required, not onely hath refu&s;ed to permit the &s;ame <HI>W.</HI> to u&s;e his Art of Chirurgery in curing the &s;aid <HI>J.</HI> of the Di&s;ea&s;e afore&s;aid, but al&s;o to pay to the &s;aid <HI>W.</HI> his Co&s;ts and Charges afore&s;aid, by him the &s;aid <HI>W.</HI> about the Provi&s;ion and Procu|ration of the afore&s;aid Plai&s;ters, Medicines, Drinks, Cordials, and o|ther whole&s;om and fit things for the curing of the Di&s;ea&s;e afore&s;aid, in form afore&s;aid laid out and expended, and hath refu&s;ed to &s;atisfie the &s;aid <HI>W.</HI> for his labor in this behalf &s;u&s;tained, and yet doth refu&s;e, to the Damage of him the &s;aid <HI>W.</HI> of twenty pounds, <HI>&amp;c. P.</HI> 13 <HI>Jac. Rot.</HI> 636.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>DOth complain,
<NOTE PLACE="marg">For a Copyhol|der for cutting down Trees up|on his cu&s;tomary Tenements.</NOTE> That whereas the afore&s;aid <HI>T. T.</HI> lately was, and yet is &s;eized of and in the Mannor of <HI>H.</HI> with the Appurtenances, in the County afore&s;aid, whereof one Me&s;&s;uage called <HI>S.</HI> and eleven Acres of Land, <HI>&amp;c.</HI> to the &s;ame Me&s;&s;uage belonging and appertain|ing in <HI>H.</HI> afore&s;aid, are, and time out of minde were, and yet are par|cel in their Deme&s;n as of Fee, which &s;aid Tenements are, and from the whole time afore&s;aid were Cu&s;tomary Tenements of the &s;ame Mannor, and demi&s;ed and demi&s;able by Copy of the Court Rolls of the Mannor afore&s;aid, by the Lord of the Mannor afore&s;aid, or by his Steward of the Court of the &s;ame Mannor, for the time being, to any per&s;on or per&s;ons what&s;oever, willing to take the &s;ame in Fee &s;imple, or o|therwi&s;e at the Will of the Lord, according to the Cu&s;tom of the Man|nor afore&s;aid, and the afore&s;aid <HI>T. C.</HI> of the Mannor afore&s;aid, with the Appurtenances, in form afore&s;aid being &s;eized, the &s;ame <HI>T. C.</HI> at the Court of him the &s;aid <HI>T.</HI> of his Mannor afore&s;aid, holden at that Man|nor (&s;uch a Day and Year) before <HI>M. B.</HI> then his Steward of the Court
<PB N="253" REF="129">of the Mannor afore&s;aid, by the &s;ame Steward, by Copy of the Rolls of the Court of the Mannor afore&s;aid, did grant to the &s;ame <HI>J. F.</HI> the Tene|ments afore&s;aid, with the Appurtenances, to have and to hold to him the &s;aid <HI>J. F.</HI> his Heirs and A&s;&s;ignes, at the Will of the Lord, according to the cu&s;tom of the Mannor afore&s;aid, by the Rent and Service there|of formerly due, and of Right accu&s;tomed, by vertue whereof the &s;ame <HI>J. F.</HI> into the Tenements afore&s;aid, with the Appurtenances, did enter, and was, and yet is thereof &s;eized in his Deme&s;ne, as of Fee, at the Will of the Lord, according to the cu&s;tom of the Mannor afore&s;aid. And whereas al&s;o there is, and was, had time out of minde, within the Man|nor afore&s;aid, a u&s;uall and approved cu&s;tom, (that is to &s;ay) That every cu&s;tomary Tenant of any cu&s;tomary Me&s;&s;uages, Lands, or Tenements, of the Mannor afore&s;aid, held by the Copy of the Rolls of the &s;aid Man|nor, did cut and take, and from the whole time afore&s;aid,
<NOTE PLACE="marg">Cu&s;tom for Fire boot and Hedge-boot.</NOTE> were u&s;ed and accu&s;tomed, to cut and take the Boughs of any Trees and Woods, in, or upon his &s;aid cu&s;tomary Lands or Tenements growing, as well for his nece&s;&s;ary Fewell in his Me&s;&s;uage afore&s;aid to be burnt &amp; &s;pent, as to re|pair and amend the Hedges and Fences of the &s;ame Lands or Tenements, as often as it &s;hould be needfull, and al&s;o did cut and take, and from the whole time afore&s;aid, have u&s;ed and accu&s;tomed to take any Trees,
<NOTE PLACE="marg">Cu&s;tom for Timber Trees to repair the cu&s;tomary Te|nement.</NOTE> in, and upon the &s;ame cu&s;tomary Lands and Tenements by the Lord of the Mannor afore&s;aid, in that behalf to be a&s;&s;igned, to repair and amend his Me&s;&s;uage afore&s;aid, and other Buildings and Structures to the &s;ame Me&s;&s;uage belonging, as often as need &s;hould be, the afore|&s;aid <HI>T. C. J. J.</HI> and <HI>T. A.</HI> well knowing of the Premi&s;es, and intend|ing very much to grieve him the &s;aid <HI>J. F.</HI> (&s;uch a day and year) did cut down, take, and carry away four Oaks, called <HI>Pollards,</HI> then grow|ing, in, and upon a certain Clo&s;e of Pa&s;ture, called <HI>C.</HI> containing, <HI>&amp;c.</HI> in <HI>H.</HI> afore&s;aid, parcell of the cu&s;tomary Tenements of him the &s;aid <HI>J. F.</HI> afore&s;aid, and afterwards (that is to &s;ay) (&s;uch a day and year) five A&s;hes, in and upon the afore&s;aid Clo&s;e of Pa&s;ture, called <HI>C.</HI> then growing, did cut down, take, and carry away, by rea&s;on whereof the &s;ame <HI>J. F.</HI> neither had, nor can have the Trees afore&s;aid for the nece&s;&s;ary reparation of his Me&s;&s;uage afore&s;aid, and other Edifices and Structures to the &s;ame Me&s;&s;uage belonging, and the Boughs of tho&s;e Trees for his nece&s;&s;ary Fuell in his Me&s;&s;uage afore&s;aid, to be burnt and &s;pent, or to repair and amend the Hedges and Fences of his Te|nements afore&s;aid, according to the cu&s;tom afore&s;aid, to the damage of him the &s;aid <HI>J. F.</HI> of twenty pounds, and thereof he bringeth his Suit, <HI>&amp;c.</HI></P>
<P>When, <HI>&amp;c.</HI> and by Prote&s;tation, that within the Mannor afore&s;aid,
<NOTE PLACE="marg">The Defendant dimurs in Law.</NOTE> there neither is, nor was, time out of minde, &s;uch a u&s;uall and approved cu&s;tom as the &s;aid <HI>J. F.</HI> hath above, by declaring, alledged, and de|murreth in Law, <HI>Trin.</HI> 12 <HI>Jac. Rot.</HI> 694.</P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="254" REF="130">
<P>J. <HI>P.</HI> to an&s;wer the <HI>Mayor</HI> and <HI>Citizens</HI> of the City of <HI>Y.</HI> of a Plea,
<NOTE PLACE="marg"><HI>For arre&s;ting one within the City of</HI> York <HI>by the Sheriff of</HI> York <HI>his Bai|liff, to the di&s;|iuheri&s;in of the Liberty,</HI> &amp;c.</NOTE> That whereas the afore&s;aid City is an ancient City, and by the name of the City of <HI>York,</HI> is, and hath been, time our of minde, called and known; and the &s;ame City of <HI>York</HI> is, and from the whole time afore|&s;aid, was incorporated of a <HI>Mayor</HI> and <HI>Citizens,</HI> and that within that City, and Liberties, and Franchi&s;es of the &s;ame, are, and from the whole time afore&s;aid, were yearly every year, two Sheriffs, which were cho&s;en and &s;worn by the <HI>Mayor</HI> and <HI>Citizens</HI> of the City of <HI>York</HI> for the time being, within the Liberties, Precincts, and Franchi&s;es of the City afore|&s;aid, of the <HI>Free men</HI> of that City, into the Office of the Sheriffs of that City, which &s;aid Sheriffs of the City afore&s;aid for the time being, from the whole time afore&s;aid, have had, and were accu&s;tomed and ought to have the return and execution of all Writs, Proce&s;&s;es, Warrants, and Precepts, to them directed, or within the City afore&s;aid, and Liberties, and Precincts of the &s;ame, in any manner what&s;oever to be done and ex|ecuted, &s;o that no other Mini&s;ter or Officer of our Lady the Queen, or her Progenitors, Kings of <HI>England,</HI> &s;hould be &s;uffered or permitted to execute any Writ, Proces, Precept, or Warrant, within the Liberty of the City and Precinct afore&s;aid, by the whole time afore&s;aid; yet the &s;aid <HI>J.</HI> &amp;c. not ignorant of the Premi&s;es, but devi&s;ing to di&s;inherit them the &s;aid <HI>Mayor</HI> and <HI>Citizens</HI> in this behalf, (&s;uch a day and year) by rea&s;on of a certain Warrant by one <HI>J F</HI> E&s;q then Sheriff of the &s;ame County of <HI>York,</HI> being to them made, did enter within the City afore&s;aid, within the Liberty and Precinct of the <HI>Mayor</HI> and <HI>Citizens</HI> afore&s;aid, and then and there by rea&s;on of that Warrant, did arre&s;t and impri&s;on one <HI>J. B.</HI> in that City, in pri&s;on of the Cathedrall Church of <HI>P.</HI> in <HI>York,</HI> called the Mini&s;ters <HI>Garth,</HI> within the Liberty and Precinct afore&s;aid, to the di&s;in|ri&s;in of them the &s;aid <HI>Mayor,</HI> the <HI>Citizens</HI> of he Franchi&s;es of the City afore&s;aid, and to the damage of them the &s;aid <HI>Mayor</HI> and <HI>Citizens</HI> of the City afore&s;aid, <HI>&amp;c. Trin.</HI> 40 <HI>Eliz. Rot.</HI> 1011.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND whereupon the &s;aid <HI>W H.</HI>
<NOTE PLACE="marg">Tre&s;pa&s;&s;e upon the Ca&s;e for ar|re&s;ting one within a Li+berty, not being Bailiff of the &s;ame.</NOTE> by <HI>A. B.</HI> his Attorney, doth com|plain; That whereas he the &s;aid <HI>W. H.</HI> ought to do the Executi|on of all Writs of the &s;aid now Lady the Queen, and al&s;o the Di&s;tre&s;&s;es, and all Attachments within his Barony of <HI>S.</HI> i&s;&s;uing by his Bailiffs of the Barony afore&s;aid: And he &s;aid <HI>W. H.</HI> and all others hitherto holding that Barony, have been accu&s;tomed to do &s;uch like Executions of all Writs of the &s;aid now Lady the Queen, and al&s;o the Di&s;tre&s;&s;es, and all Attachments within the Barony afore&s;aid, i&s;&s;uing by Bailiffs of the Ba|rony afore&s;aid, time out of minde; yet the &s;aid <HI>W.</HI> in (&s;uch a day and year) by force and arms, <HI>&amp;c.</HI> hath arre&s;ted one <HI>R. B.</HI> at <HI>G.</HI> within the Liberty of the Barony afore&s;aid, and hath &s;o detained and impri&s;oned him under arre&s;t, a long time, (that is to &s;ay) by the &s;pace of one hour,
<PB N="255" REF="130">and other Enormities, <HI>&amp;c.</HI> to the grievous damage, <HI>&amp;c.</HI> and the hurt of his Liberty afore&s;aid: Whereupon he &s;aith, that he is damnified, and hath damage to the value of twenty pounds, and thereof he brought Suit, <HI>&amp;c. H.</HI> 10 <HI>Eliz. Rot.</HI> 459.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>RObert Carew</HI> E&s;q to an&s;wer <HI>F. T.</HI> of a Plea, Whereas <HI>R. C.</HI>
<NOTE PLACE="marg">For erroneou&s;ly pro&s;ecuting a Writ of Exe|cution.</NOTE> for|merly, (that is to &s;ay) in the Term of St. <HI>Hillary</HI> (in &s;uch a year) in the Court of the Keepers, <HI>&amp;c.</HI> before them the &s;aid Keepers, commonly called the <HI>&V;pper-Bench,</HI> the &s;ame Court of the &s;aid Keepers, <HI>&amp;c.</HI> at <HI>W.</HI> in the County of <HI>M.</HI> being by Proces there in the &s;ame Court, and by the Judgment of the &s;ame Court had recovered again&s;t one <HI>R. H.</HI> and him the &s;aid <HI>F. T.</HI> four pounds for his damages which he &s;u&s;tained, as well by rea&s;on of a certain Tre&s;pa&s;&s;e to the &s;aid <HI>R C.</HI> by them the &s;aid <HI>R. H.</HI> and <HI>F. T.</HI> then lately done; as for his co&s;ts and charges by him about his Suit in that behalf laid out: whereof the &s;aid <HI>R. H.</HI> and <HI>F. T.</HI> were convicted; the afore&s;aid <HI>R. C.</HI> evilly and maliciou&s;ly intending, de|vi&s;ing, and plotting, unlawfully and unju&s;tly to grieve him the &s;aid <HI>F. T.</HI> in this behalf, and him the &s;aid <HI>F.</HI> to impoveri&s;h, afterwards, (that is to &s;ay) in the Term of <HI>Ea&s;ter,</HI> that is to &s;ay, (&s;uch a day and year) mali|ciou&s;ly, unlawfully and corruptly, without any Warrant, did pro&s;ecute, procure and obtain, out of the Court of the &s;aid Keepers, <HI>&amp;c.</HI> at <HI>W.</HI> afore&s;aid, a certain Writ of <HI>Capias ad &s;atisfac.</HI> of the &s;aid Keepers, <HI>&amp;c.</HI> again&s;t the afore&s;aid <HI>F. T.</HI> for, and in the name, and at the Suit of one <HI>Rich Caw,</HI> E&s;q and without the con&s;ent of the &s;aid <HI>Richard Caw,</HI> to the then Sheriff of the County of <HI>D.</HI> for the time being, directed, by which &s;ame Writ, the &s;aid Keepers, <HI>&amp;c.</HI> to the &s;aid then Sheriff of <HI>D.</HI> commanded that he &s;hould take, <HI>&amp;c.</HI> whereof he was convicted, as to the &s;aid Keepers did then likewi&s;e appear of Record, and that the &s;aid then Sheriff &s;hould have then there that Writ: Which &s;aid Writ, after|wards, that is to &s;ay, (&s;uch a day and year) by the procurement, and the in&s;tance of <HI>Robert C.</HI> unlawfully and corruptly obtained and pro&s;ecuted, at <HI>S.</HI> in the afore&s;aid County of <HI>D.</HI> was delivered by the &s;aid <HI>Robert C.</HI> to one <HI>O S.</HI> Knight, then Sheriff of the &s;aid County of <HI>D.</HI> in form of Law to be executed, by vertue of which &s;aid Writ, the &s;ame Sheriff, afterwards, that is to &s;ay, (&s;uch a day and year) at <HI>S.</HI> afore&s;aid took and arre&s;ted him the &s;aid <HI>F.</HI> and the &s;ame <HI>F.</HI> in the pri&s;on of the &s;aid Keepers, <HI>&amp;c.</HI> in his cu&s;tody in Execution for the damages afore&s;aid; from the afore&s;aid, (&s;uch a day and year) untill, &s;uch a day, then next following, had and kept, untill the &s;ame <HI>F.</HI> for his enlargement out of the pri&s;on afore&s;aid, was forced to pay the afore&s;aid four pounds: To the damage, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>A. <HI>B.</HI> was attached to an&s;wer <HI>C. D.</HI> of a Plea,
<NOTE PLACE="marg">Again&s;t two, and one out|lawed.</NOTE> That whereas the &s;ame <HI>A.</HI> together with <HI>E. F.</HI> who, by the due Proces of the
<PB N="254" REF="131">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="255" REF="131">
<GAP DESC="duplicate" EXTENT="1 page">
<PB N="256" REF="132">Law in Court here had, is Out-lawed, &s;uch a day and year, <HI>&amp;c.</HI> and like mention mu&s;t be made in the Declaration, <HI>Mich.</HI> 27 and 28 <HI>Eliz. Rot.</HI> 323.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>W. To an&s;wer <HI>J.</HI> Earl of <HI>Oxford,</HI>
<NOTE PLACE="marg">For Tenant for term of life again&s;t one at wit<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">, for cut|ting down Trees, to which wa&s;te was made.</NOTE> and <HI>E.</HI> his Wife, of a Plea, That whereas the &s;ame Earl, and <HI>E.</HI> have and hold the Mannor of <HI>G.</HI> with the Appurtenances, for the term of the life of her the &s;aid <HI>E.</HI> the rever&s;ion thereof after the death of the &s;ame <HI>E.</HI> to the Lord the King, and his Heirs belonging, the afore&s;aid <HI>W.</HI> Tenant of the Mannor afore|&s;aid, with the Appurtenances, at the Will of the &s;ame <HI>E.</HI> and <HI>E.</HI> &s;ixty Oaks upon ten acres of Land, parcell of the Mannor afore&s;aid, lately growing, did cut down and carry away; by rea&s;on whereof the &s;aid Lord the King, may by his Writ of Wa&s;te, recover the places in which the Oaks afore&s;aid did grow, again&s;t the &s;aid <HI>E.</HI> and <HI>E.</HI> ac|cording to the form of the Statute, and his treble damages, by rea&s;on of the cuting down and carrying away of the Oaks afore&s;aid; to the damage of them the &s;aid <HI>E.</HI> and <HI>E.</HI> fourty pounds, <HI>&amp;c. M.</HI> 3 <HI>H.</HI> 8. <HI>Rot.</HI> 755.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>A. <HI>H. &amp;c.</HI> to an&s;wer <HI>H. B.</HI> &amp;c. of a Plea,
<NOTE PLACE="marg"><HI>For Re&s;cue made upon a Writ of</HI> Latitat</NOTE> That whereas one <HI>J. C.</HI> Gentleman, (&s;uch a day and year) by his certain Writing Ob|ligatory, bearing date the &s;ame day and year, had granted him&s;elf to be bound to the &s;aid <HI>H.</HI> when he &s;hould be thereunto required, with a Condition to the &s;aid Writing Obligatory &s;ub&s;cribed, That if the afore&s;aid <HI>J. C.</HI> his Executors, Admini&s;trators, or A&s;&s;igns, &s;hould pay, or cau&s;e to be paid to the &s;aid <HI>H.</HI> his Executors, or A&s;&s;igns, the &s;um of thirty pounds of lawfull money of <HI>England,</HI> upon (&s;uch a day) then next following the date of the Writing afore&s;aid, at the dwelling Hou&s;e of him the &s;aid <HI>H.</HI> in <HI>B.</HI> afore&s;aid, then the Writing afore&s;aid &s;hould be void: And whereas al&s;o the &s;ame <HI>J. C.</HI> or his A&s;&s;igns, thir|ty pounds in the Condition afore&s;aid, above &s;pecified to the &s;aid <HI>H.</HI> upon the &s;aid (&s;uch a day) next following the date of the Writing afore|&s;aid, or at any time afterwards, have not paid, nor the afore&s;aid &s;ixty pounds to the &s;aid <HI>H.</HI> although after the afore&s;aid (&s;uch a day) the &s;aid <HI>J. C.</HI> by the &s;ame <HI>H.</HI> at <HI>B.</HI> afore&s;aid, was required to do the &s;ame, have rendred; and the &s;ame <HI>H.</HI> for the more &s;peedy recovery of the &s;aid &s;ixty pounds, afterwards, (that is to &s;ay) (&s;uch a Term and Year) did pro&s;e|cute out of the Court of the &s;aid Keepers, <HI>&amp;c.</HI> before them the &s;aid Keepers in the Upper Bench at <HI>W.</HI> in the County of <HI>M.</HI> being, a certain Writ of <HI>Latitat,</HI> of them the &s;aid Keepers, to the then Sheriff of <HI>L.</HI> di|rected, by which &s;ame Writ, the &s;ame Keepers <HI>&amp;c.</HI> had commanded to the then Sheriff, that he &s;hould take the &s;aid <HI>J. C.</HI> if he &s;hould be found in his Bailiwick, and him &s;hould &s;afely keep; &s;o that the &s;ame Sheriff
<PB N="257" REF="132">might have his body before the &s;aid Keepers, <HI>&amp;c.</HI> in the Upper Bench at <HI>W.</HI> (&s;uch a day) then next following, to an&s;wer the &s;aid <HI>H.</HI> of a Plea of Tre&s;pa&s;&s;e, which &s;aid Writ, the &s;ame <HI>H.</HI> afterwards; that is to &s;ay, the day and year afore&s;aid, at <HI>B.</HI> afore&s;aid, to one <HI>R. O.</HI> then Sheriff of the County afore&s;aid, had delivered in form of the Law to be Exe|cuted: And whereas al&s;o the &s;ame <HI>R. O.</HI> afterwards, that is to &s;ay, (the day and year afore&s;aid) then Sheriff of the afore&s;aid County of <HI>L.</HI> being at <HI>B.</HI> afore&s;aid, had made and directed his certain War|rant in writing, &s;ealed with the Seal of him the &s;aid <HI>R. O.</HI> to <HI>A. H.</HI> and <HI>F. H. Itenerant</HI> Bailiffs for that time onely, and by vertue of the Writ afore&s;aid, to him in form afore&s;aid directed, to the &s;ame <HI>A.</HI> and <HI>H.</HI> joyntly and &s;everally by the &s;ame Warrant had commanded, that they &s;hould take the &s;aid <HI>J. C.</HI> if, <HI>&amp;c.</HI> And &s;afely, <HI>&amp;c.</HI> So that the &s;aid Sheriff might have him the &s;aid <HI>J. C.</HI> before the &s;aid Keepers, <HI>&amp;c.</HI> in the Upper Bench at <HI>W.</HI> (&s;uch a day) then next fol|lowing, to an&s;wer the &s;aid <HI>H.</HI> of the Plea afore&s;aid; by vertue of which Warrant, the &s;aid <HI>A.</HI> and <HI>F.</HI> afterwards, and before the afore|&s;aid (&s;uch a day) the Return of the Writ afore&s;aid, that is to &s;ay, (&s;uch a day) at <HI>B.</HI> afore&s;aid, within the Bailiwick of the &s;aid Sheriff of <HI>L.</HI> the afore&s;aid <HI>J. C.</HI> had taken and arre&s;ted, and in their cu&s;to|dy had the &s;aid <HI>A. H.</HI> afterwards, that is to &s;ay, (&s;uch a day and year afore&s;aid) at <HI>B.</HI> afore&s;aid, on the afore&s;aid <HI>A.</HI> and <HI>F.</HI> made an a&s;&s;ault, and the afore&s;aid <HI>J. C.</HI> out of the taking and arre&s;ting afore|&s;aid, out of the cu&s;tody of them the &s;aid <HI>A.</HI> and <HI>F.</HI> afore&s;aid, again&s;t the Will of them the &s;aid <HI>A.</HI> and <HI>F.</HI> did take and re&s;cue, &s;o that the &s;ame Sheriff could not have the afore&s;aid <HI>J. C.</HI> before the &s;aid Keepers, <HI>&amp;c.</HI> in the Upper Bench at <HI>W.</HI> afore&s;aid, that the &s;aid, (&s;uch a day) as it was commanded him: And the afore&s;aid <HI>J. C.</HI> after the re&s;cue afore&s;aid, in form afore&s;aid made, hath not only withdrawn him&s;elf to places beyond the Seas; &s;o that he could never afterwards have been, or for the future can be taken or arre&s;ted, for the &s;aid &s;ixty pounds, or in due manner impleaded, but al&s;o in his goods and for|tunes is &s;o much impoveri&s;hed, that nothing altogether remaineth to him, whereby he may &s;atisfie the &s;aid &s;ixty pounds, or any peny there|of, to the &s;aid <HI>H.</HI> to the damage, <HI>&amp;c.</HI> the Defendant pleaded not guilty, <HI>H.</HI> 7 <HI>Jac. Rot.</HI> 1704.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>SMith</HI> again&s;t <HI>Wells.</HI> And whereupon the &s;aid <HI>R.</HI>
<NOTE PLACE="marg">Trover for an Admini&s;trator for goods lo&s;t in the life-time of the Inte&s;tate.</NOTE> (to whom Ad|mini&s;tration of all the Goods and Chattels, which were of the &s;aid <HI>A.</HI> at the time of his death, by <HI>George,</HI> by Divine Providence, Arch-Bi&s;hop of <HI>C.</HI> &amp;c. (&s;uch a day and year) at, <HI>&amp;c.</HI> after the death of the &s;aid <HI>A.</HI> were committed, (by <HI>H. M.</HI> his Attorney doth complain, that whereas the &s;aid <HI>A.</HI> in his life-time, was po&s;&s;e&s;&s;ed of two Oxen, of the price, <HI>&amp;c.</HI> as of his own Oxen: And being thereof &s;o po&s;&s;e&s;&s;ed, the
<PB N="258" REF="133">&s;aid <HI>A.</HI> lo&s;t tho&s;e Oxen out of his hands and po&s;&s;e&s;&s;ion, which &s;aid Oxen, afterwards, that is to &s;ay, (&s;uch a day and year) at <HI>B.</HI> in the life of him the &s;aid <HI>A.</HI> by finding came to the hands and po&s;&s;e&s;&s;ion of the &s;aid <HI>T.</HI> yet the &s;aid <HI>T.</HI> knowing tho&s;e Oxen to be the proper Oxen of him the &s;aid <HI>A.</HI> and to him in his life-time to pertain, and to him the &s;aid <HI>R.</HI> after the death of the &s;aid <HI>A</HI> as Admini&s;trator of the Goods and Chattels which were of the &s;aid <HI>A.</HI> at the time of his death, of Right to belong and pertain, and devi&s;ing, and fraudulently intending, craftily and &s;ubtilly, to deceive and defraud the &s;aid <HI>A.</HI> in his life, and him the &s;aid Admini&s;trator, after the death of the &s;aid <HI>A.</HI> the &s;ame Oxen to the &s;aid <HI>A.</HI> in his life, or to the &s;aid Admini&s;trator after the Death of the &s;aid <HI>A.</HI> (although the &s;ame <HI>T.</HI> by him the &s;aid Admi|ni&s;trator, was often required to do the &s;ame after the death of the &s;aid <HI>A</HI>) hath not delivered, but tho&s;e Oxen, afterwards, that is to &s;ay, (&s;uch a day and year) at <HI>E.</HI> afore&s;aid, hath converted and di&s;|po&s;ed to his own u&s;e, to the damage of him the &s;aid Admini&s;trator, twenty pounds: And in delay of the Admini&s;tration of the Goods and Chattels afore&s;aid, and thereof, <HI>&amp;c.</HI> And he produceth here in Court the Letters of Admini&s;tration, <HI>&amp;c.</HI> which te&s;tifie the Commi&s;&s;ion of the Admini&s;tration afore&s;aid, in form afore&s;aid, <HI>&amp;c.</HI> Not guilty plea|ded. <HI>P.</HI> 14 <HI>Jac. Rot.</HI> 2003.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the &s;aid Defendant,
<NOTE PLACE="marg">A default in Tre&s;pa&s;&s;e and in Ca&s;e.</NOTE> by <HI>C. F.</HI> his Attorney, cometh and de|fendeth the force and injury, when, <HI>&amp;c.</HI> and &s;aith nothing in Bar of the &s;aid Action of the afore&s;aid <HI>J.</HI> by which the &s;aid Plaintiff remaineth again&s;t the &s;aid Defendant thereof undefended, for which the &s;aid Plaintiff ought to recover again&s;t the &s;aid Defendant his damages, by rea&s;on of the Tre&s;pa&s;&s;e afore&s;aid, (if in Tre&s;pa&s;&s;e up|on the Ca&s;e then by rea&s;on of the Premi&s;es) <HI>&amp;c.</HI> but becau&s;e it is unknown what damages the &s;aid Plaintiff hath &s;u&s;tained by rea&s;on of the Tre&s;pa&s;&s;e (or thus, by rea&s;on of the Premi&s;es) it is commanded to the Sheriff, that by the Oaths of hone&s;t and lawfull men of the County afore&s;aid, he diligently enquire what damages the afore&s;aid Plaintiff hath &s;u&s;tained, as well by rea&s;on of the Tre&s;pa&s;&s;e, (or thus, by rea&s;on of the Premi&s;es) as for his co&s;ts and charges, by him about his Suit in this behalf laid out, and the Inqui&s;ition which, <HI>&amp;c.</HI> the Sheriff make appear here from the day of <HI>Ea&s;ter,</HI> in fifteen days, under his Seal and the Seals, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>R. <HI>Brooks</HI> of <HI>London,</HI>
<NOTE PLACE="marg">For &s;candalous words &s;poken of a Gar<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">er-Herald.</NOTE> E&s;q to an&s;wer <HI>William Dethick,</HI> otherwi&s;e principall Garter to the King of our <HI>Engli&s;h</HI> Arms, That where|as the &s;ame <HI>W.</HI> is Our good, true, faithfull, and le<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ge man, and of ge|nerous blood, and hone&s;t name, and as Our good, true, faithfull, and
<PB N="259" REF="133">leige man hitherto, from the time of his Nativity, hath excellently be|haved and carried him&s;elf, and of good Name, Fame, Reputation, Con|ver&s;ation, E&s;timation, Credit and Dignity among&s;t all the Lords, Peers, and famous men of this Our Kingdom of <HI>England,</HI> and all men of Chivalry, and very many other Gentleman Our faithful Subjects, was known, called, had, and reputed, and by the whole time afore&s;aid hath lived and remained from any crime of fal&s;ity, deceit, for&s;wearing, or perjury, or the lea&s;t &s;u&s;pition of the &s;ame, or blemi&s;h of any other wicked and hurtfull crime unattainted: And whereas We by Our Let|ters Patents, &s;ealed under Our Great Seal of <HI>England,</HI> bearing Date at <HI>W.</HI> (&s;uch a day and year) for the faithfull and laudable &s;ervices of him the &s;aid <HI>W.</HI> for Us employed, and his great experience of divers Countreys, and knowledge of divers Languages, of Our &s;peciall Grace, certain knowledge, and meer motion, have required, made, con&s;tituted, ordained, created, and crowned him the &s;aid <HI>W.</HI> into the Office of the principal King of the <HI>Engli&s;h</HI> Arms, and chief Officer of the Arms of famous Order of the Garter, by the name of <HI>Garter,</HI> and him the &s;aid <HI>W.</HI> in the &s;ame Office, with the Stile, Title, Liberties, Privi|ledges, Preheminences, and Profits to the &s;ame Office pertaining, by the &s;ame Letters Patents, during his life, have really inve&s;ted and crowned, and the &s;aid <HI>W.</HI> yet principall King of Our <HI>Engli&s;h</HI> Arms, and chief Officer of the Arms of Our Order of the Knights of the <HI>Garter;</HI> And whereas the &s;ame <HI>W. D.</HI> otherwi&s;e <HI>Garter,</HI> by rea&s;on of his Of|fice afore&s;aid, had and received divers &s;tipends, fees, rewards, profits, and great benefits, as well of all the Nobles, Peers, and Lords of this Kingdom of <HI>England,</HI> as of the Knights Batchellors, and divers other per&s;ons, to the honorable &s;u&s;tentation and &s;upportment of his E&s;tate, Degree, and Dignity; yet the &s;aid <HI>R.</HI> being not ignorant of the Pre|mi&s;es, but out of his meer and evil malice, devi&s;ing to hurt, detract, darken, bla&s;t, and utterly to de&s;troy the Name, Fame, E&s;timation, Cre|dit, and Dignity of him the &s;aid <HI>W.</HI> and to bring him into trouble, vexation, &s;candall, and infamy, openly, and publikely, in the pre&s;ence and hearing of very many of Our leige People at <HI>L.</HI> did &s;ay, repeat, af|firm, publi&s;h, and pronounce, to one <HI>H. D.</HI> E&s;q brother to him the &s;aid <HI>W.</HI> the&s;e fal&s;e and &s;candalous words following, that is to &s;ay <HI>Thy brother that is called</HI> Garter (meaning the &s;aid <HI>W.</HI>) <HI>is a perjured Knave;</HI> By name thy brother that is called <HI>Garter,</HI> (meaning the afore&s;aid <HI>W</HI>) By rea&s;on of the &s;aying and pronouncing of which &s;aid &s;candalous and fal&s;e words, the &s;ame <HI>W.</HI> is not only in his good Name, Fame, Credit, Dignity and E&s;timation extremely damnified and hurt, among&s;t Our Nobles and Lords of Our Kingdom of <HI>England,</HI> but al&s;o among&s;t all men of the Order of Chivalry, and very many other Gentlemen, and Our faithfull Subjects, with whom formerly he u&s;ed duly to frequent, to the damage of him the &s;aid <HI>W.</HI> of a thou&s;and pounds, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<PB N="260" REF="134">
<P>A. <HI>B.</HI> complaineth of <HI>C. D.</HI> and <HI>E.</HI> his Wife in the cu&s;tody of the Mar&s;hall of the <HI>Mar&s;hal&s;ey</HI> of the <HI>Keepers of the Liberty of Eng|land by the Authority of Parliament,</HI>
<NOTE PLACE="marg">For &s;candalous words concern|ing murder and adultery.</NOTE> before them the &s;aid Keepers, in the Upper Bench at <HI>W.</HI> being, for that, that is to &s;ay, That whereas the &s;aid <HI>E.</HI> now is a good, true, faithfull, cha&s;te, and hone&s;t per&s;on of this Nation, and as a good, true, faithfull, cha&s;te, and hone&s;t per&s;on of this Nation, without any uncha&s;te, uncivil, or light carriage of life, or &s;u&s;pition of the &s;ame, wholly untainted and free, hath always hitherto, from the time of her Nativity behaved her &s;elf, lived, and continued, and of good name, fame, condition, credit, conver&s;ation, repute, and behaviour, (as well towards all her Neighbors, with whom &s;he hath &s;o lived and continued, and other faithfull and worthy Per&s;ons of this Nation, as al&s;o more e&s;pe|cially, as a naturall, carefull, loving and kinde Mother towards all her children, u&s;ing and endeavouring with her chiefe&s;t care and dili|gence, by all means po&s;&s;ible &s;he could, for the pre&s;ervation of their health and welfare) by all the time afore&s;aid, hath been e&s;teemed ac|counted, and reputed, the fear of God always having before her eyes, and fron any kinde of Felony, murder, killing, &s;laing, poy&s;oning, di&s;ho|ne&s;ty, ince&s;t, fornication, adultery, incontinency, light behaviour or carriage, or other &s;uch like wicked and ba&s;e crime, and from the pro|curing of &s;uch like wickedne&s;&s;e, or of the &s;ame in any manner what&s;o|ever noted or &s;u&s;pected, by the whole cour&s;e of her life hitherto free, cleer, and throughly, and wholly un&s;u&s;pected hath remained, lived, and continued: By rea&s;on whereof the &s;aid <HI>E.</HI> hath not only de&s;ervedly had and obtained the love, favour, and good will of all her Neighbours, and other faithfull and worthy Per&s;ons of this Nation, but al&s;o hath kept and con&s;erved her &s;elf, fame, opinion, e&s;timation, repute, and all her Chattells, Lands, and Tenements &s;afe, &s;ecure, and unattainted, in no wi&s;e &s;ubject to the rigor of the Law for &s;uch like mi&s;chiefs and of|fences made and provided; yet the &s;aid <HI>A. B.</HI> being not ignorant of the Premi&s;es, but envying the happy e&s;tate and condition of the &s;aid <HI>E.</HI> and maliciou&s;ly intending, not only to deprive her the &s;aid <HI>E.</HI> of her good name, fame, credit, e&s;timation and repute afore&s;aid, and to bring and induce her the &s;aid <HI>E.</HI> into the hate and evil opi|nion of all her Neighbours, and other worthy Per&s;ons of this Na|tion, but al&s;o innocently to cau&s;e her to be brought into danger of forfeiting of all and &s;ingular her Chattells, Lands and Tenements, and lo&s;ing of her life, (&s;uch a day and year) at <HI>London</HI> afore&s;aid, <HI>to wit,</HI> in the Pari&s;h of the ble&s;&s;ed <HI>Mary</HI> of <HI>Bow,</HI> in the Ward of <HI>Cheap</HI> in <HI>London,</HI> the&s;e fal&s;e, fained, &s;candalous, and opprobrious words follow|ing (then and there having &s;peech and communication with divers faithfull and worthy Per&s;ons of this Nation, and with the &s;aid <HI>E.</HI> of <HI>F. G.</HI> then decea&s;ed, late one of the children of the &s;aid <HI>C. D.</HI>
<PB N="261" REF="134">and <HI>E.</HI> the now Plaintiffs) in the pre&s;ence and hearing of divers of her Neighbors, and other faithful and credible per&s;ons of this Nation, then and there being pre&s;ent and hearing, openly, publiquely, and with a loud voyce did &s;ay, affirm, declare, and publi&s;h to the &s;aid <HI>E.</HI> (that is to &s;ay) <HI>Thou</HI> (meaning the &s;aid <HI>E.</HI> one of the Plaintiffs) <HI>wa&s;t the Death of one of thy Children</HI> (meaning the &s;aid <HI>F. G.</HI> decea&s;ed:) And the &s;aid <HI>A. B.</HI> out of the &s;ame malice, envy, and evil intention, af|terwards, to wit (&s;uch a Day and Year) at <HI>L.</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, the&s;e other fal&s;e, feigned, &s;candalous, and oppro|brious words following (the &s;aid <HI>C. D.</HI> and <HI>E.</HI> having then and there before that time had two Children (that is to &s;ay) <HI>H. J.</HI> and <HI>K. L.</HI> being both then dead, of the bodies of the &s;aid Plaintiffs, <HI>C. D.</HI> and <HI>E.</HI> law|fully begotten) in the pre&s;ence and hearing of divers of her Neighbors, and other faithful and worthy per&s;ons of this Nation, then and there being pre&s;ent and hearing, openly, publiquely, and with a loud voyce, did &s;peak, declare, and publi&s;h, of the &s;aid <HI>E.</HI> (to wit) <HI>She</HI> (the &s;aid <HI>E.</HI> one of the Plaintiffs meaning) <HI>killed one of her Children</HI> (one of the &s;aid decea&s;ed Children meaning:) And the &s;aid <HI>A. B.</HI> out of the &s;ame malice, envy, and evil intention, afterwards, that is to &s;ay (&s;uch a Day and Year) at <HI>L.</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, the &s;aid <HI>C. D.</HI> then, and by the &s;pace of twelve years next before, being her lawful Husband, by whom &s;he had three Children (that is to &s;ay) <HI>F. G. H. J.</HI> and <HI>K. L.</HI> then living, of the Bodies of the &s;aid Plaintiffs <HI>C. D.</HI> and <HI>E.</HI> lawfully begotten, whereof one (that is to &s;ay) the &s;aid <HI>K. L.</HI> the twelfth Day of <HI>F.</HI> in the Year of our Lord, one thou&s;and &s;ix hundred fifty and one, and not before, at <HI>London</HI> afore&s;aid, in the Pari&s;h and Ward afore&s;aid, was born, and then brought forth into this World, this other fal&s;e, feigned, &s;candalous, and opprobrious words following, to the &s;aid <HI>E.</HI> did &s;ay, affirm, declare, and with a loud voyce publi&s;h, in the pre&s;ence and hearing of divers of her Neigh|bors, and other credible, faithful, and worthy per&s;ons of this Nation, to wit, <HI>You</HI> (meaning the &s;aid <HI>E.</HI> one of the Plaintiffs) <HI>have playd the Whore, and committed Whoredom and Adultery, within a year la&s;t pa&s;t, and never a one of your Children</HI> (the Children afore&s;aid meaning) <HI>are your Husbands own</HI> (the afore&s;aid <HI>C. D.</HI> one of the Plaintiffs mean|ing:) Whereas in truth the &s;aid <HI>E.</HI> no Murther, Felony, Adultery, or Fornication ever committed or perpetrated: by rea&s;on of the &s;aying, &s;peaking, affirming, publi&s;hing, and declaring of which fal&s;e, feigned, &s;candalous, infamous, and opprobrious words, the &s;aid <HI>E.</HI> is not one|ly extreamly hurt and damnified in her good name, fame, credit, and e&s;timation afore&s;aid, among&s;t her Neighbors and other faithful and worthy per&s;ons of this Nation, to whom the innocency of the &s;aid <HI>E.</HI> in this part was unknown (who before the &s;peaking and publi&s;hing of the &s;aid words, were u&s;ed to keep company, con&s;ort, and have famili|arity with the &s;aid <HI>E.</HI> and with her the &s;aid <HI>E.</HI> before that time u&s;ed
<PB N="262" REF="135">to negotiate, deal, contract, buy and &s;ell with, but al&s;o in danger of forfeiting of all her Chattels, Lands, and Tenements, and innocently to be brought into danger of her life, as afore&s;aid: And thereupon her Neighbors have dayly more and more refu&s;ed, and yet do refu&s;e and withdraw them&s;elves from the company and familiarity of her the &s;aid <HI>E.</HI> whereby the &s;aid <HI>C. D.</HI> and <HI>E.</HI> &s;ay, That they are damnified, and have Damage to the value of two hundred pounds, and thereupon they bring this Suit, <HI>&amp;c.</HI> with this, That the &s;aid <HI>C. D.</HI> and <HI>E.</HI> his Wife will verifie, That the&s;e words, to wit <HI>(You were the Death of one of your Children)</HI> according to the phra&s;e, intelligence, and common and u&s;ual acceptation of the people, dwelling, inhabiting, and re&s;iding in and about the City of <HI>London,</HI> and the County of <HI>Middle&s;ex,</HI> do &s;ignifie as much as, and are equivalent to the&s;e words (that is to &s;ay) <HI>You killed one of your Children.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>T. <HI>D.</HI> to an&s;wer <HI>J. H.</HI> of a Plea,
<NOTE PLACE="marg">For not making a Hence.</NOTE> That whereas one <HI>E. P.</HI> (&s;uch a Day and Year) had demi&s;ed to the &s;aid <HI>J.</HI> one Me&s;&s;uage and one Orchard to the &s;ame Me&s;&s;uage adjoyning, called <HI>S.</HI> containing by e&s;timation two Acres of Land, with the Appurtenances, in <HI>N.</HI> to have and to hold to the &s;aid <HI>J.</HI> from the Fea&s;t, <HI>&amp;c.</HI> until the end and term of one whole year from thence next following, by vertue of which Demi&s;e the &s;ame <HI>J.</HI> into the Tenements afore&s;aid, with the Appurte|nances, did enter, and was, and yet is thereof po&s;&s;e&s;&s;ed, and the afore|&s;aid <HI>T.</HI> is and long &s;ince was &s;eized in his Deme&s;n as of Fee, of one Me&s;&s;uage called <HI>R.</HI> in <HI>N.</HI> afore&s;aid next adjoyning to the &s;aid Me&s;&s;u|age called <HI>S.</HI> and the &s;ame <HI>T.</HI> and his Ance&s;tors, and all tho&s;e who&s;e E&s;tate he the &s;ame <HI>T.</HI> hath in the &s;aid Me&s;&s;uage, with the Appurtenan|ces, called <HI>R.</HI> time out of mind were u&s;ed and accu&s;tomed the &s;ame Me&s;|&s;uage with the Appurtenances to inclo&s;e, and with Hedges or Ditches to fence from the afore&s;aid Me&s;&s;uage called <HI>S.</HI> &s;o that no Damage, Detriment or hurt what&s;oever might any ways happen or come to Oc|cupyers of the Me&s;&s;uage afore&s;aid called <HI>S.</HI> by the Cattel of any one coming in, going out, or entering for want of inclo&s;ure afore&s;aid, yet the &s;aid <HI>T.</HI> &s;o negligently and in&s;ufficiently hath kept the Hedges, Ditches and Fences afore&s;aid, and &s;uffered the &s;ame to be unrepaired, and lie open, that not onely the Cattel of others, for want of &s;uffici|ent Inclo&s;ure afore&s;aid, into the afore&s;aid Me&s;&s;uage called <HI>S.</HI> upon the po&s;&s;e&s;&s;ion of the &s;aid <HI>J.</HI> being, oftentime did enter, and the Gra&s;s and Herbage there growing and being, did eat up and wa&s;te, but al&s;o the Cattel of the &s;aid <HI>J.</HI> in the &s;aid Me&s;&s;uage called <HI>S.</HI> being, for want of the Fences afore&s;aid, into the &s;aid Me&s;&s;uage called <HI>R.</HI> did enter and e|&s;cape, and the &s;ame Cattel by the afore&s;aid <HI>T.</HI> and his Servants were beaten, and evil delt with, and often taken and impounded, and from
<PB N="263" REF="135">the afore&s;aid <HI>J.</HI> by a great time detained, until the &s;ame <HI>J.</HI> for that Tre&s;pa&s;s with the &s;aid <HI>T.</HI> had agreed, or by Suit for the &s;ame had re|covered, by which the &s;aid <HI>J.</HI> neither the profits of the Tenements a|fore&s;aid, with the Appurtenances, called <HI>S.</HI> for the hurt and deva&s;tati|on of others would enjoy, nor the Gra&s;s of the &s;ame Tenements, with the Appurtenances, with his own Cattel to receive, nor within the &s;ame &s;afely to contain, but often by rea&s;on of the evil Inclo&s;ure afore|&s;aid the Cattel of him the &s;aid <HI>J.</HI> wandering from thence, were &s;o &s;trayed away, that he for a long time afterwards lo&s;t the nece&s;&s;ary u&s;e and labor of the &s;ame, and divers manner of ways was di&s;turbed, to the Damage of him the &s;aid <HI>J.</HI> ten pounds, <HI>&amp;c.</HI> And whereupon, <HI>&amp;c.</HI> doth complain. That whereas the afore&s;aid <HI>E. P.</HI> (as above until) and the afore&s;aid <HI>T.</HI> is, and long &s;ince (that is to &s;ay) by fifty years now la&s;t pa&s;t, was &s;eized in his Deme&s;n as of Fee, (as above until) &s;o that no Damages, Detriment, or Hurt might any ways happen or come to the Occupiers of the Me&s;&s;uage afore&s;aid called <HI>S.</HI> by the Cattel of any one coming in, going out, or entering, for want of Fences afore&s;aid, yet the &s;aid <HI>T.</HI> from the &s;aid time of the Demi&s;e made, until the Day of the i&s;&s;uing forth of the Writ original of him the &s;aid <HI>J.</HI> (that is to &s;ay) &s;uch a Day and Year, &s;o negligently and in&s;ufficiently the Hedges, <HI>&amp;c.</HI> (as above until the&s;e words) not onely the Cattel (that is to &s;ay) Hor&s;es, Cows, Hogs, and Sheep, of other men, for want, <HI>&amp;c.</HI> (as a|bove until the&s;e words) oftentimes did enter (that is to &s;ay) every Day from the afore&s;aid time, of the Demi&s;e afore&s;aid made, until the afore&s;aid (&s;uch a Day) and the Gra&s;s and the Herbage, <HI>&amp;c.</HI> (as a|bove until the&s;e words) but all the Cattel (that is to &s;ay) <HI>&amp;c.</HI> of him the &s;aid <HI>J.</HI> in the afore&s;aid Me&s;&s;uage called <HI>S. &amp;c.</HI> to the Damage of him the &s;aid <HI>J.</HI> of ten pounds, and thereof he bringeth the Suit, <HI>&amp;c. Trin. Eliz. Rot.</HI> 1441.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>J. <HI>K.</HI> of <HI>L.</HI> E&s;quire, and <HI>A.</HI> his Wife,
<NOTE PLACE="marg"><HI>&V;pon a Cu&s;tom in</HI> London <HI>for the Goods of a Citizen decea&s;|ed, to be divi|ded into three parts.</HI></NOTE> Executrix of the Te&s;tament of <HI>W.</HI> to an&s;wer <HI>T. S.</HI> and <HI>K.</HI> his Wife, Daughter of the afore&s;aid <HI>W. C.</HI> Citizen, Free-man, and Gold&s;mith of <HI>London</HI> decea&s;ed, of a Plea, That whereas within the City of <HI>London</HI> there is, and from the time of the contrary of which the memory of man is not extant, was had, &s;uch a Cu&s;tom u&s;ed and approved, within the &s;ame City (that is to &s;ay) That when&s;oever any Citizen or Free-man of that City &s;hould have a Wife and Childe, or Children of his Body lawfully begotten, and dye a Citizen and Free-man of the City afore&s;aid, that all Goods and Chat|tels, and al&s;o Debts and Sums of Monies to the &s;ame Citizen and Free|man due, which were of &s;uch Citizen and Free man of the City afore|&s;aid decea&s;ed, at the time of his Death, be&s;ides his rea&s;onable and ne|ce&s;&s;ary expences about the Funeral and Solemnity of the Burial of the
<PB N="264" REF="136">&s;ame Citizen, and al&s;o the Debts which he owed at the time of his Death payd, which &s;hould come or pertain to the Executor or Admi|ni&s;trator of him the Decea&s;ed, after his Death ought to be divided into three Equal parts, and by the whole time afore&s;aid have ac|cu&s;tomed to be divided, whereof one part of tho&s;e three parts may fall, and ought, and hath accu&s;tomed to fall to the Wife of &s;uch Ci|tizen and Free-man Decea&s;ed, the &s;econd part thereof doth pertain, and ought, and hath accu&s;tomed to pertain to the Executor or Exe|cutors of the Te&s;tament of &s;uch Citizens and Free-man &s;o Decea&s;ed, or to the Admini&s;trator or Admini&s;trators of the Goods and Chat|tels of him the Decea&s;ed, for the Health of his Soul to be di&s;tributed, and thereof to pay and fulfil his Legacies, according to the la&s;t Will of the &s;ame Decea&s;ed, or according to the Di&s;cretion of his Executor or Executors, Admini&s;trator or Admini&s;trators, as cau&s;e &s;hould re|quire: And the third part thereof to all and &s;ingular the Children, Males and Females, of the &s;ame Citizen and Free-man &s;o decea&s;ed (which in the Life of their Father, with the Goods of their &s;aid Fa|ther, &s;hould not be &s;ufficiently provided) may fall, and ought to fall, according to the Cu&s;tom afore&s;aid, any Legacy by him the &s;aid Citi|zen and Free-man &s;o decea&s;ed, in his Te&s;tament to any per&s;on or per|&s;ons thereof before made, to the contrary thereof notwith&s;tanding: And although the &s;aid <HI>W. C.</HI> in his life having the afore&s;aid <HI>K.</HI> of his Body lawfully begotten, with the Goods of him the &s;aid <HI>W.</HI> in his Life, not &s;ufficiently provided for, according to the Law and Cu|&s;tom of the City afore&s;aid, at <HI>L.</HI> made his Te&s;tament and la&s;t Will, and by the &s;ame hath di&s;po&s;ed his Goods and Chattels and al&s;o his Debts to him due to divers per&s;ons, again&s;t the Cu&s;tom afore&s;aid, and hath appointed the afore&s;aid <HI>A.</HI> his then Wife, his &s;ole Executrix of his Te&s;tament and la&s;t Will afore&s;aid: And afterwards the afore&s;aid <HI>W.</HI> Citizen and Free-man of the City afore&s;aid, at <HI>London</HI> afore&s;aid dyed, having at the time of his Death, Goods and Chattels and Debts to him due, be&s;ides his rea&s;onable and nece&s;&s;ary expence about the Funeral of the Burial of him the &s;aid <HI>W. C.</HI> and al&s;o the Debts which the &s;ame <HI>W. C.</HI> at the time of his Death owed, in the whole a|mounting to the Sum of one thou&s;and and &s;ixty pounds, which to the hands of the &s;aid Executrix after the Death of the &s;aid <HI>W. C.</HI> came: Whereof the &s;aid, after the Death of the &s;aid <HI>W.</HI> her Father, which in the Life of him the &s;aid <HI>W.</HI> with the Goods of the &s;aid <HI>W.</HI> was not &s;ufficiently provided according to the Cu&s;tom afore&s;aid &s;he ought to have the third part, to the value of five hundred pounds of the Goods and Chattels due, which were of the &s;aid <HI>W. C.</HI> Father of the &s;aid <HI>K.</HI> at the time of his Death, be&s;ides the rea&s;onable and nece&s;&s;ary expences about the Funeral and Solemnity of the Burial of the &s;aid <HI>W. C.</HI> and al&s;o the Debts (which the &s;ame <HI>VV.</HI> at the time of his Death owed) payd, yet the afore&s;aid <HI>J.</HI> and <HI>A.</HI> the &s;aid third part of
<PB N="265" REF="136">her the &s;aid <HI>K.</HI> of the Goods, Chattels, and Debts afore&s;aid, after the death of the &s;aid <HI>W.</HI> from the &s;aid <HI>T.</HI> and <HI>K.</HI> unju&s;tly detaine, and have denyed to render the &s;ame to them, not to the little damage and grievance of them the &s;aid <HI>T.</HI> and <HI>K.</HI> again&s;t the cu&s;tome afore&s;aid, &amp;c. And whereupon, &amp;c. do complaine, That whereas within the City of <HI>L</HI> is had, &amp;c. (as above until the&s;e words) according to the Law and cu&s;tome of the City afore&s;aid (&s;uch a day and yeare) at <HI>L.</HI> (in &s;uch a Pari&s;h and Ward) made his Te&s;tament and la&s;t Will, and by the &s;ame di&s;po&s;ed, &amp;c. (as above untill the&s;e words) And afterwards the &s;aid <HI>W.</HI> free men of the City afore&s;aid, (Such a Day and Year) at <HI>L.</HI> in the Pari&s;h and Ward afore&s;aid, dyed, &amp;c. (as above in the Writ untill the&s;e words) and again&s;t the cu&s;tome afore&s;aid: Whereupon they &s;ay, that they are Damnified, &amp;c. <HI>Trin.</HI> 19. <HI>Eliz.</HI> 1447.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>T. <HI>A.</HI> Gentleman in his proper per&s;on complains of <HI>F. G.</HI>
<NOTE PLACE="marg">Again&s;t the clerk of the Errors who by colour of his Office took Extortion.</NOTE> Gen|tleman, Clark of <HI>I. D.</HI> Knight, Chief Ju&s;tice of the Court of Common Bench here, pre&s;ent here in Court in his proper per&s;on, for that (that is to &s;ay) That whereas the afore&s;aid <HI>G.</HI> by the afore&s;aid Chief Ju&s;tice long &s;ince, was and yet is Deputy, and ap|pointed among&s;t other things to receive and allow Writs of correct|ing of Errours to the &s;ame Chief Ju&s;tice from time to time directed and to remove and certifie the Records and Proce&s;&s;e, with all tho&s;e things touching the &s;ame in which Errours &s;hould happen, or &s;hould be &s;uppo&s;ed to intervene into the Court of the Queen, &amp;c. before her the &s;aid Queen in the upper Bench at <HI>W.</HI> and to grant and make Writs of <HI>Super&s;edeas,</HI> of not mole&s;ting for the &s;ecurity or delivery out of Pri&s;on the party or parties which &s;hould pro&s;ecute &s;uch Writs of cor|recting of Errors taking therefore the ancient due, and of right accu&s;to|med Fees: and whereas al&s;o the afore&s;aid <HI>T. A.</HI> (&s;uch a day and year) was Out-Lawed at the Suit of one <HI>T. S.</HI> for 50 <HI>s.</HI> which were adjudged to the &s;aid <HI>T. S.</HI> by the Di&s;cretion of the Court of the Common Bench here; for his co&s;ts and charges, according to the Form of the Statute thereof provided, for that, that in a certain Writ upon demand of eight pounds by him the &s;aid <HI>T. A.</HI> again&s;t the &s;aid <HI>T. S.</HI> in Court here ex|hibited, whereof he had pleaded to try the i&s;&s;ue of the countrey, after the i&s;&s;ue thereof joyned, had not pro&s;ecuted, by rea&s;on of which &s;aid Outlawry, the &s;aid <HI>T. A.</HI> afterwards (that is to &s;ay) (Such a Day) then next following by a Writ of the &s;aid Queen, &amp;c. of taking the Out-Lawed, from the Court here i&s;&s;uing, directed to the Sheriff of <HI>M.</HI> at <HI>VV.</HI> was taken and arre&s;ted, and in the Pri&s;on of the &s;aid Queen, &amp;c. there under the cu&s;tody of him the &s;aid Sheriff, was detained; and moreover, whereas the afore&s;aid <HI>T. A.</HI> for having of his Liberty and
<PB N="266" REF="137">for making void of the Outlawry afore&s;aid, for that, that in that Out|lawry manife&s;t Errour intervened, (Such a day and year) did pro&s;ecute out of the Court of Chancery of the &s;aid Queen, &amp;c. at W. a certain Writ of correcting the Errors, to the &s;aid chief Ju&s;tice direct|ed, to remove and certifie the Record and Proce&s;&s;e afore&s;aid of that Outlawry, with all things touching the &s;ame, into the Court of the &s;aid Queen, &amp;c. before, &amp;c at <HI>W.</HI> at a certain day in the &s;ame Writ &s;pe|cified, which &s;aid Writ of Errour (the &s;ame day and year) was deli|livered to the &s;aid <HI>E.</HI> at <HI>W.</HI> afore&s;aid, and whereas al&s;o the Fees of ancient due, and of right accu&s;tomed by the &s;aid <HI>T. A.</HI> to the &s;ame <HI>G.</HI> to be paid, do not exceed the Sum of two &s;hillings and &s;ix pence of lawful Money of <HI>England,</HI> yet the &s;aid <HI>G.</HI> machinating and intending very much to grieve him the &s;aid <HI>T. A.</HI> by colour of his Office, and in the name of his Fees afore&s;aid, did require of the &s;ame <HI>T. A.</HI> for allowing of that Writ of Errour, and other things touching the &s;ame to be granted and done, thirty &s;even &s;hillings of lawful mony of <HI>Eng|land,</HI> and the &s;aid <HI>G.</HI> wholly refu&s;ed to allowe that Writ of Error, and to grant and deliver a <HI>Super&s;edeas</HI> to the &s;ame <HI>T. A.</HI> of not mole&s;ting him thereof for his delivery out of Pri&s;on, in which he was &s;o detained by rea&s;on of the premi&s;es (the afore&s;aid thirty &s;even &s;hillings being not paid to him the &s;aid <HI>G.</HI>) by which the &s;ame <HI>T. A.</HI> for want of the &s;aid Writ of <HI>Super&s;edeas</HI> was detained in the Pri&s;on afore&s;aid, un|till the &s;ame <HI>T. A.</HI> had &s;atisfied the afore&s;aid <HI>G.</HI> of the afore&s;aid thirty &s;even &s;hillings by him for the cau&s;e afore&s;aid exacted, to the da|mage of him the &s;aid <HI>T. A.</HI> of twenty pounds, and thereof he pray|eth remedy, &amp;c. Pledges of pro&s;ecuting J. D. and <HI>R. R.</HI> See the like again&s;t a Sheriff, <HI>Ea&s;ter Term.</HI> 38. <HI>Eliz. Rot.</HI> 1608.</P>
</DIV3>
<DIV3 TYPE="subsection">
<P>Matthew R. <HI>a forrain Merchant complaineth of</HI> C. H. <HI>a forraine Merchant in the cu&s;tody of the Mar&s;hal,
<NOTE PLACE="marg"><HI>&V;pon a Bill of Excha<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ge af+ter acceptance,</HI> &amp;c. <HI>prom<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;e paym<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nt.</HI></NOTE> &amp;c. for that (that is to &s;ay) that whereas one</HI> L. R. <HI>being a forraine Merchant in</HI> Antwerp, <HI>in the parts beyond the Sea, according to the cu&s;tome of Exchange among&s;t Merchants u&s;ed, had lately delivered to one</HI> Daniel R. <HI>to the u&s;e of him the &s;aid</HI> D. <HI>&s;ixteen pounds &s;terling, then of the value of &s;ixteen pounds of lawful money of</HI> England, <HI>of the goods and chattels of him the &s;aid</HI> Luke Reymond, <HI>with that intention that the &s;aid</HI> Charles <HI>then being Factor of him the &s;aid</HI> Daniel, <HI>&s;hould pay to the afore&s;aid</HI> Matthew <HI>in</HI> England, <HI>&s;ixteen pounds of lawful money of</HI> England, <HI>within eight dayes next after the &s;ight of a certain Bill of Exchange, by him the &s;aid</HI> Daniel <HI>made, and to the &s;ame</HI> Charles <HI>directed. And whereas al&s;o there is, and from the time of the contrary whereof, the memory of men is not ex|tant, there hath been &s;uch a cu&s;tome within the Kingdome of the Lord the King now of</HI> England <HI>between Engli&s;h Merchants, or Forrainers and
<PB N="267" REF="137">their Factors or Servants u&s;ed and approved, that if any Merchant or Merchants afore&s;aid, or their Factors or Servants, being in the parts be|yond Sea without the afore&s;aid Kingdome of</HI> England <HI>&s;hould deliver to any per&s;on in the &s;ame parts beyond Sea being, any &s;um of moneyes to be paid by any per&s;on in the &s;ame Kingdome of</HI> England <HI>being by Bill or Note of Exchange thereof made, &s;hould &s;o accept and &s;ub&s;cribe from the whole time above&s;aid, was chargeable and hath been accu&s;tomed to be chargable, to pay the &s;aid &s;um of moneys to &s;uch per&s;on as by the &s;ame Bill or Note of Exchange &s;hould be limited and expre&s;&s;ed to be paid: And whereas the &s;ame</HI> D. <HI>for the payment of the &s;aid &s;ixteen pounds, according to the cu&s;tome of Exchange afore&s;aid between Marchants u&s;ed, by a certaine Bill, or Note of Exchange, bearing date in</HI> Antwerp <HI>afore&s;aid, the eigh|teenth day of</HI> Augu&s;t <HI>in the year of our Lord,</HI> 1605. <HI>according to the computation of</HI> England, <HI>and with his proper hand &s;ub&s;cribed, and to the &s;aid</HI> C. H. <HI>directed had reque&s;ted the &s;ame</HI> Charles <HI>to pay upon the &s;ight of the &s;ame Bill of Exchange to the &s;aid</HI> Matthew, <HI>by the name of</HI> Mat|thew Reu&s;e, <HI>the &s;um of &s;ixteen pounds of lawful money of</HI> England, <HI>for the value thereof there received of the &s;aid</HI> L. Reymond <HI>a Forrain Mer|chant: And whereas al&s;o the &s;ame</HI> Matthew Reu&s;e, <HI>afterwards (that is to &s;ay) the &s;ixth day of</HI> September, <HI>in the year of our Lord,</HI> 1605. <HI>afore&s;aid, at</HI> London <HI>in the Pari&s;h of the ble&s;&s;ed</HI> Mary <HI>of</HI> Bow, <HI>in the Ward of Cheap in</HI> London <HI>the afore&s;aid Bill or Note of Exchange to the &s;aid</HI> Charles <HI>then being Factor of the &s;aid</HI> D. <HI>in</HI> England, <HI>did &s;hew the &s;ame</HI> Charles, <HI>upon the &s;ight of the &s;ame Bill, then and there did ac|cept that Bill, and the &s;ame with his proper hand did &s;ub&s;cribe, according to the cu&s;tome between Merchants u&s;ed, and thereupon the &s;ame</HI> C. <HI>then and there in con&s;ideration of the premi&s;es, did a&s;&s;ume upon him&s;elf, and to the &s;ame</HI> M. Reu&s;e <HI>then and there faithfully promi&s;e that the &s;ame</HI> C. <HI>the &s;ame &s;ixteen pounds of Lawful money of</HI> England <HI>to the &s;ame</HI> M. R. <HI>with|in eight dayes then next following, well and truly would pay and content, yet the &s;aid</HI> C. <HI>his promi&s;e, &amp;c. but devi&s;ing, &amp;c. the afore&s;aid &s;ixteen pounds to the &s;ame</HI> M. R. <HI>hath not yet paid, nor any wi&s;e for the &s;ame contented, although the &s;ame</HI> C. <HI>afterwards (that is to &s;ay) the one and twentieth day of S. then next following, and often afterwards, at</HI> London <HI>afore&s;aid, &amp;c. by him the &s;aid</HI> M. <HI>was required, but the &s;ame to him hitherto to pay hath alwaies refu&s;ed, and yet doth refu&s;e, the Damage, &amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>Surrey &s;&s;. ROger Tomp&s;on</HI> Gent. and <HI>Barbara</HI> his Wife,
<NOTE PLACE="marg">A promi&s;e in con&s;ideration of a Marriage by an Execu|trix.</NOTE> Executrix of the Te&s;tament and la&s;t Will of <HI>Richard Saker</HI> late|ly her Husband decea&s;ed, do complaine of <HI>Edward Drake</HI> Gent. in the cu&s;tody of the Mar&s;hall. <HI>&amp;c.</HI> for that (that is to &s;ay) that whereas (Such a day and year) at <HI>Reygate</HI> in the County afore|&s;aid,
<PB N="268" REF="138">a certain conference and di&s;cour&s;e was had and moved, be|tween the afore&s;aid <HI>E.</HI> and the afore&s;aid <HI>R.</HI> in his life, of, and con|cerning a marriage between the &s;ame <HI>R.</HI> and the afore&s;aid <HI>B.</HI> then Ser|vant and Kin&s;woman of him the &s;aid <HI>E.</HI> to be had and &s;olemnized: Upon which &s;aid conference and di&s;cour&s;e, the &s;ame <HI>E.</HI> then and there, in con&s;ideration that the afore&s;aid <HI>R.</HI> at the &s;pecial in&s;tance and reque&s;t of him the &s;aid <HI>E.</HI> would take to his Wife the afore&s;aid <HI>B.</HI> and the &s;ame according to the Eccle&s;ia&s;tical Rites of this Kingdom of <HI>England</HI> would e&s;pou&s;e, did a&s;&s;ume upon him&s;elf, and to the &s;aid <HI>R.</HI> did then and there faithfully promi&s;e, that he the &s;ame <HI>E.</HI> ten pounds of law|full money of <HI>England,</HI> one Heifer and two Piggs, to the &s;ame <HI>R.</HI> his Executors or Admini&s;trators, when thereunto (after the marriage of them the &s;aid <HI>R.</HI> and <HI>B.</HI> had and &s;olemnized) he &s;hould be re|quired, well and faithfully would pay, give and deliver: And the &s;ame <HI>Roger</HI> and <HI>B.</HI> in fact &s;ay, That the &s;aid <HI>Richard</HI> in his life, to the promi&s;e and A&s;&s;umption afore&s;aid of the &s;aid <HI>E.</HI> giving credit, afterwards, that is to &s;ay (Such a Day and Year) at <HI>R.</HI> afore&s;aid, in the County afore&s;aid, took to his Wife the afore&s;aid <HI>B.</HI> and the &s;ame <HI>B.</HI> according to the Eccle&s;ia&s;tical Rites of this Kingdom of <HI>England,</HI> then and there did e&s;pou&s;e (yet the &s;aid) <HI>E.</HI> his pro|mi&s;e A&s;&s;umption afore&s;aid in no wi&s;e regarding, but devi&s;ing and fraudulently intending the &s;aid <HI>Richard</HI> in his life, and the afore|&s;aid <HI>B.</HI> after the death of the &s;aid <HI>Richard</HI> while&s;t &s;he was &s;ole, and the afore&s;aid <HI>Roger</HI> and <HI>B.</HI> after e&s;pou&s;als between them cele|brated, in this behalf craftily and &s;ubtilly to deceive and defraud, the afore&s;aid ten pounds, and the afore&s;aid Goods and Chattels, or any parcel thereof to the &s;aid <HI>R.</HI> in his life, or to the &s;aid <HI>B.</HI> after te death of the &s;aid, <HI>R.</HI> whil&s;t &s;he was &s;ole, or to the &s;aid <HI>Roger</HI> and <HI>B.</HI> after e&s;pou|&s;als between them celebrated or to any of them hath not as yet paid or delivered, or any wi&s;e, them or any of them for the &s;ame hi|therto contented (although this to do the &s;aid <HI>E.</HI> by the &s;aid <HI>Ri|chard</HI> in his life, after the marriage afore&s;aid of them the &s;aid <HI>Ri|chard</HI> and <HI>B.</HI> had and &s;olemnized, that is to &s;ay (Such a Day and Year) at <HI>R.</HI> afore&s;aid in the County afore&s;aid: And by the afore&s;aid <HI>R.</HI> and <HI>B.</HI> after e&s;pou&s;als between them celebrated, that is to &s;ay (Such a Day and Year and Place) afore&s;aid in the County afore&s;aid was required) by which the &s;ame <HI>Roger</HI> and <HI>B.</HI> the whole gain, commodity, and profit, which they with the afore&s;aid ten pounds, and Goods and Chattels afore&s;aid, by buying, &s;elling, and law|fully bargaining, might have had and gained (if the &s;aid <HI>E.</HI> his pro|m &s;e and A&s;&s;umption afore&s;aid to the &s;aid <HI>Richard</HI> in his life, in form afore&s;aid made to the &s;ame <HI>Roger</HI> and <HI>B.</HI> had performed) have wholly lo&s;t, in retarding of the execution of the Te&s;tament of the &s;aid <HI>Richard</HI> afore&s;aid: And to the Damage of the &s;aid <HI>Roger</HI> and <HI>B.</HI> twenty pounds: And thereof they bring Suit, &amp;c. And they pro|duce
<PB N="269" REF="138">here in Court the letters Te&s;tamentary, &amp;c. by which, &amp;c. And thereof to have Admini&s;tration, &amp;c. <HI>Mich.</HI> 18. <HI>Jacobi.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>LOndon &s;&s;. George Whitmore</HI> Citizen and Alderman of <HI>London,</HI>
<NOTE PLACE="marg"><HI>Ca&s;e by the &s;urviver of two Merchants who&s;e Factor paid money be|yond Sea to a Merchant who gave two Bills of Exchange for receipt in Lon|don, and the Bill is prote&s;t|ed.</HI> 22 l. Ham|brough <HI>money delivered in</HI> Germany. <HI>Cu&s;tome a|mong&s;t Merchants.</HI></NOTE> com|plaineth of <HI>Richard Hunt</HI> E&s;quire in the cu&s;tody of the Mar&s;hal, &amp;c. For that (that is to &s;ay) that whereas the twenty fourth day of <HI>A.</HI> (in Such a Year) one <HI>William Windover</HI> then Factor of him the &s;aid <HI>G.</HI> and one <HI>Thomas Whitmore</HI> now decea&s;ed, and then re&s;iding in <HI>Stoad</HI> in the parts beyond Sea, according to the cu&s;tome between Merchants u&s;ed, had delivered to the &s;aid <HI>R. H.</HI> two and twenty pounds ten &s;hillings of current <HI>Hamburge</HI> money in <HI>Stoad</HI> afore&s;aid of the value of one hundred fifty pounds &s;terling, of the proper moneys of the afore&s;aid <HI>G.</HI> and <HI>T.</HI> with that intention that one <HI>William Tur|ner</HI> then re&s;iding in <HI>L.</HI> afore&s;aid, &s;hould pay to the &s;aid <HI>G.</HI> and <HI>T.</HI> then re&s;iding in <HI>London</HI> afore&s;aid, the afore&s;aid one hundred and fifty pounds &s;terling at double u&s;ance (that is to &s;ay) at the end of two Moneths from thence next following, and whereas there is, and from the time of the contrary, whereof the memory of men is not extant, there was &s;uch a cu&s;tome between <HI>Engli&s;h</HI> and Forrain Mer|chants and their Factors and Servants u&s;ed and approved, that if any Merchant or Merchants, or their Factors, being in the parts beyond Sea, &s;hould deliver to any other per&s;on being in the parts beyond Sea any Sum of moneys to be paid by any other per&s;on in the City of <HI>Lon|don</HI> in the Kingdom of <HI>England</HI> by Bill of Exchange thereof made, and directed to &s;uch per&s;on, by whom the &s;ame Sum &s;hould be paid at double u&s;ance, and &s;uch Merchant to whom &s;uch &s;um in the &s;aid Bill of Exchange &s;pecified, &s;hould be limited to be Paid, or any other at the reque&s;t of any &s;ervant of &s;uch Merchant or Merchants within the time limited for the payment of &s;uch Bill of Exchange &s;houd come to the u&s;ual dwelling hou&s;e of &s;uch per&s;on to whom the &s;aid Bill of Exchange &s;hould be &s;o directed, to &s;hew &s;uch per&s;on to whom that Bill &s;hould be &s;o directed, the afore&s;aid Bill of Exchange, and to re|quire the &s;ame per&s;on to accept &s;uch Bill of Exchange, and if &s;uch per&s;on, to whom the &s;aid Bill of Exchange &s;hould be directed, &s;hould not then be remaining at his &s;aid u&s;uall dwelling Hou&s;e in the City of <HI>London,</HI> but ab&s;ent him&s;elf from the City of <HI>LONDON</HI> afore&s;aid, not leaving there any per&s;on to accept the Bill of Exchange afore&s;aid, and thereupon that Bill &s;hould be prote&s;ted, according to the u&s;e of Merchants, then in &s;uch ca&s;e, &s;uch per&s;on which &s;hould &s;o make &s;uch Bill of Exchange from the whole time afore&s;aid,
<NOTE PLACE="marg">For the maker of the Bill to pay in default of acceptance.</NOTE> was chargeable and ought to be chargeable to &s;uch Merchant, to whom &s;uch Sum in &s;uch Bill of Exchange &s;pecified, &s;hould be limited to be paid, to pay to &s;uch Merchant to whom the &s;ame Bill of Exchange
<PB N="270" REF="139">&s;hould be limited to be paid &s;uch &s;um of mony in &s;uch Bill of Exchange Specified, if &s;uch per&s;on to whom the Bill of Exchange &s;hould be &s;o directed, &s;uch Summe of moneys in Such Bill of Exchange &s;pecified to Such Merchant to whom the &s;ame by Such Bill of Exchange &s;hould be limited to be paid within the time in the &s;ame Bill of Exchange for payment thereof limited &s;hould not pay: And whereas the afore&s;aid <HI>R.H.</HI> upon the receit of the two and twenty pounds ten &s;hillings of <HI>Hamburgh</HI> mony as afore&s;aid the afore&s;aid (Such a day and year) at <HI>Stoad</HI> afore&s;aid in the parts beyond Sea for the con&s;ideration afore&s;aid according to the U&s;e of Merchants, had delivered to the afore&s;aid <HI>W. W.</HI> two Bills of Exchange, with the proper hand and name of him the &s;aid <HI>R. H.</HI> &s;ub&s;cribed, and to the &s;aid <HI>W. T.</HI> Merchant in <HI>L.</HI> directed, requiring and appointing the afore&s;aid <HI>W. T.</HI> by the fir&s;t of the &s;ame two Bills of Exchange, that &s;econd Bill not being paid, to pay to the &s;aid <HI>George, W. H.</HI> and <HI>T. H. W. H.</HI> or the bearer of the afore|&s;aid Bill, one hundred and fifty pounds at double u&s;ance (that is to &s;ay) at the end of two months then next following, and requiring and ap|pointing the afore&s;aid <HI>W. T.</HI> by the &s;econd Bill of Exchange of the &s;ame two Bills of Exchange (the afore&s;aid fir&s;t Bill of Exchange not be|ing paid) to pay to the &s;aid G. W. H. and <HI>T. Whitmore,</HI> or to the bearer of the &s;aid Bill of Exchange, one hundred and fifty pounds at double u&s;ance, (that is to &s;ay) at the end of two moneths then next follow|ing, the afore&s;aid <HI>R.</HI> after, to wit, the &s;ame fourth day of <HI>May,</HI> one thou&s;and &s;ix hundred and ten afore&s;aid, at <HI>L.</HI> afore&s;aid, in the Pari&s;h, &amp;c.
<NOTE PLACE="marg">Promi&s;e in Law.</NOTE> in con&s;ideration of the Premi&s;es, did a&s;&s;ume upon him&s;elf, and to the afore&s;aid <HI>G. W.</HI> and <HI>T. W.</HI> in the life of him the &s;aid <HI>T. VV.</HI> did faith|fully promi&s;e, that if the afore&s;aid Bills of Exchange, or either of them, for want of not acceptance thereof by the afore&s;aid <HI>VV. T.</HI> &s;hould be prote&s;ted, according to the u&s;e of Merchants, or if the afore&s;aid <HI>VV. T.</HI> the afore&s;aid one hundred and fifty pounds to the a|fore&s;aid <HI>G. VV.</HI> and <HI>T. VV.</HI> &s;hould not pay in the end of two moneths, then he the &s;aid R. H. the &s;ame one hundred and fifty pounds to the afore&s;aid <HI>G.</HI> and <HI>T. VV.</HI> would well and faithfully content and pay: And he &s;aid <HI>G.</HI> in fact &s;aith, That afterwards and within the afore&s;aid time in the afore&s;aid Bills of Exchange for payment of the afore&s;aid one hundred and fifty pounds limited, to wit (Such a Day and Year) one <HI>D. L.</HI> Notary publick, then re&s;ident in <HI>L.</HI> afore&s;aid, at the re|que&s;t of one <HI>R. D.</HI>
<NOTE PLACE="marg">Reque&s;t at the dwelling hou&s;e of him to whom the Bill is.</NOTE> Servant of the afore&s;aid <HI>G. VV.</HI> came to the u&s;u|all dwelling hou&s;e of the afore&s;aid <HI>VV. T.</HI> then &s;cituate in <HI>B.</HI> (that is to &s;ay) in the afore&s;aid Pari&s;h, <HI>&amp;c.</HI> to &s;hew to the afore&s;aid <HI>VV. T.</HI> the afore&s;aid fir&s;t Bill of Exchange of the afore&s;aid two Bills of Exchange, &amp; to require him the &s;aid <HI>VV. T.</HI> to accept the &s;aid fir&s;t Bil of Exchange according to the u&s;e of Merchants, and that the afore&s;aid <HI>VV. T.</HI> then was not re&s;ident at that hou&s;e, but ab&s;ent in the Countrey from the City of <HI>L.</HI> afore&s;aid, not leaving any per&s;on there who might accept
<PB N="271" REF="139">that Bill: Upon which the afore&s;aid <HI>G.</HI> and <HI>T.</HI> after, and within the afore&s;aid two Moneths, to wit the afore&s;aid (Such a Day and Year) according to the u&s;e of Merchants at L. afore&s;aid,
<NOTE PLACE="marg">He being ab|&s;ent the Bill is prote&s;ted.</NOTE> in the Pari&s;h and Ward afore&s;aid, did prote&s;t that Bill, for not acceptance thereof by the afore&s;aid <HI>W. T.</HI> And further he the &s;aid G. &s;aith, That the afore&s;aid <HI>W. T.</HI> in the end of the afore&s;aid two monethes, the afore|&s;aid one hundred and fifty pounds to the afore&s;aid G. and T. W. or ei|ther of them he hath not paid, or in any manner for the &s;ame hitherto given content; yet the afore&s;aid <HI>R.</HI> little regarding his promi&s;e and a&s;&s;umption afore&s;aid, but plotting and fraudulently intending the a|fore&s;aid G. and <HI>T. W.</HI> in the life of him the &s;aid <HI>T. W.</HI> and the afore|&s;aid G. after the afore&s;aid <HI>T.</HI> his Death, craftily and &s;ubtilly to deceive and defraud, the afore&s;aid one hundred and fifty pounds to the afore|&s;aid G. and <HI>T. W.</HI> in the life of the &s;aid <HI>T.</HI> or to the afore&s;aid G. af|ter the Death of the afore&s;aid <HI>T.</HI> or to either of them, hath not as yet paid, nor in any manner hitherto for the &s;ame, given content, although he the &s;aid <HI>R.</HI> to do it by the afore&s;aid G. after the Death of the afore&s;aid <HI>T. W.</HI> to wit (Such a Day Year and place) was required, by which he the &s;aid G. W. the whole Profit, Gaine, and Advantage, which he with the afore&s;aid one hundred and fifty pounds (if the afore&s;aid R. T. had well and faithfully performed his promi&s;e and A&s;&s;umption afore&s;aid) by Buying, Selling, and Lawfully Bargaining, might have Had and Gained, hath now Totally Lo&s;t, and is deprived of; whereupon the &s;aid G. &s;aith, That he is Damanified, and hath Damage to the value of three hundred pounds, and there|upon he brings his Suit, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Warranty of Deed,</HEAD>
<P>E. <HI>Elton</HI> was Summoned to an&s;wer <HI>H. Bright,</HI> Clark, of a Plea,
<NOTE PLACE="marg">Warranty of Deed upon a Fine.</NOTE> that he warrant to him three Me&s;&s;uages, &amp;c. with the Appurtenances in <HI>C.</HI> which he holdeth, and claimeth to hold from him, and whereupon he hath his Deed, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>H.</HI> by <HI>J. W.</HI> his At|torney &s;aith, That whereas a certain fine was levyed in the Court of the King, &amp;c. here (that is to) at <HI>W.</HI> from the day of Saint <HI>Hillary,</HI> in fifteen dayes (in Such a Year) before <HI>H. Hobart, P. W.</HI> and <HI>H. W.</HI> then Ju&s;tices of the Common Bench here (that is to &s;ay) at <HI>W.</HI> and other faithful per&s;ons then being pre&s;ent, between him the &s;aid <HI>H.</HI> Plaintiff, and him the afore&s;aid <HI>E.</HI> and one <HI>Johan</HI> then his Wife, and <HI>R. H. Deforceants</HI> of the afore&s;aid three Me&s;&s;uages, <HI>&amp;c.</HI> with the Ap|purtenances, whereof the Plea of Covenant was &s;ummoned between
<PB N="272" REF="140">them in the &s;ame Court (that is to &s;ay) that the afore&s;aid <HI>E.</HI> and <HI>I.</HI> and <HI>R.</HI> did acknowledge the afore&s;aid Tenements with the Appurtenances, to be the right of him the &s;aid <HI>I.</HI> as tho&s;e which the &s;aid <HI>H.</HI> had of the gift of the afore&s;aid <HI>E.</HI> and <HI>I.</HI> and <HI>R.</HI> and the &s;ame they remi&s;ed and quite claimed, and from them the &s;aid <HI>E.</HI> &amp; <HI>I.</HI> &amp; <HI>R.</HI> and their Heirs to the afore&s;aid H. and his Heirs for ever: And moreover the &s;aid <HI>E.</HI> granted for him and his Heirs, that they would warrant the afore&s;aid <HI>H.</HI> and his Heirs, the afore&s;aid Tenements with the Appurtenances, again&s;t all men for ever: By vertue of which Fine, the &s;aid H. was &s;eized of the Tenements and Rent afore&s;aid with the Appurtenances, in his <HI>Deme&s;ne</HI> as of <HI>Fee,</HI> and he the &s;aid H. being &s;o thereof &s;eized, one <HI>I. D.</HI> arrayed again&s;t him the &s;aid H. a certain A&s;&s;ize of Novel Di&s;&s;ei|zin, of the Tenements and Rent afore&s;aid with the Appurtenances, be|fore <HI>P. Warburton</HI> Knight, one of the Ju&s;t ces of the Common Bench, and <HI>R. C.</HI> one, &amp;c. Ju&s;tices a&s;&s;igned to take A&s;&s;izes in the County afore|&s;aid, which &s;aid A&s;&s;ize depending, he the &s;aid <HI>H.</HI> often required the afore&s;aid <HI>E.</HI> that he would warrant to him the Tenements afore&s;aid with the Appurtenances, yet the &s;aid <HI>E.</HI> hitherto hath denyed to war|rant to the &s;aid H. the Tenements and Rent afore&s;aid with the Appur|tenances, and yet doth deny, whereupon he &s;aith that he is the wor&s;e, &amp;c.
<NOTE PLACE="marg">The Defendant acknowledgeth the Action.</NOTE> And the afore&s;aid <HI>E.</HI> by <HI>J. F.</HI> his Attorney, cometh and defendeth the force and injury, when, &amp;c. And &s;aith, that he cannot deny the afore&s;aid Action of the &s;aid H. neither, but that the writing afore&s;aid is the Deed of him the &s;aid <HI>E.</HI> neither, but that he did give and grant by that Writing to the &s;aid H. and his Heirs, the Tenements afore&s;aid with the Appurtenances, neither but that he by that Writing is held to warrant to the &s;aid <HI>H.</HI> the Tenements afore&s;aid with the Appurtenan|ces, in the form in which the &s;aid <HI>H.</HI> above hath declared again&s;t him: Therefore it is con&s;idered of, that the &s;aid <HI>E.</HI> warrant to the &s;aid <HI>H.</HI> the Tenements afore&s;aid with the Appurtenances for the place and time, and nothing of being in mercy of him the &s;aid H. becau&s;e he came the fir&s;t day by &s;ummons, <HI>&amp;c.</HI></P>
</DIV2>
<DIV2 TYPE="section">
<HEAD>Waste.</HEAD>
<P><HI>Wilt&s;hire &s;&s;. ANthony A&s;hley</HI> Knight and Baronet,
<NOTE PLACE="marg"><HI>A Declaration in Wa&s;te brought again&s;t Tenant for years.</HI> Hil. 2 Car. Rot. 588.</NOTE> was &s;um|moned to an&s;wer <HI>William Earle of Salisbury,</HI> of a Plea, wherefore, whereas by the Common-Councell of the Realm of our Lord the King of <HI>England,</HI> It is provided that it &s;hall not be lawfull to any to make Wa&s;te, Sale, or De&s;truction of Lands Hou&s;es, Woods or Gardens to him demi&s;ed for term of life or years, he the &s;aid <HI>Anthony</HI> of Hou&s;es in <HI>Damerham,</HI> which he held for term of years, by the Demi&s;e of the afore&s;aid Earle, hath made Wa&s;te, Sale,
<PB N="273" REF="140">and De&s;truction, to the di&s;-inheritance of him the &s;aid Earl, and again&s;t the form of the Provi&s;ion afore&s;aid: And whereupon the &s;ame Earl by <HI>Edward Hide</HI> his Attorney, &s;ays, That whereas he him&s;elf was &s;eized of one Me&s;&s;uage, called, <HI>Ballesborough Farm-hou&s;e,</HI> with the Ap|purtenances, in <HI>Damerham</HI> afore&s;aid, in his Deme&s;ne, as of Fee, and being &s;o thereof &s;eized, (&s;uch a day and year) at <HI>D.</HI> afore&s;aid, did de|mi&s;e the Me&s;&s;uage afore&s;aid, with the Appurtenances (among&s;t other things) to the afore&s;aid <HI>Anthony,</HI> to have and to hold to him the &s;aid <HI>Anthony,</HI> and to his A&s;&s;ignes, from the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel then la&s;t pa&s;t, unto the end and term of twelve years from thence next following, fully to be compleat and ended: By vertue of which Demi&s;e, the &s;aid <HI>Anthony,</HI> into that Me&s;&s;uage, with the Appurte|nances, did enter, and was thereof po&s;&s;e&s;&s;ed, and &s;o being thereof po&s;|&s;e&s;&s;ed, the &s;ame <HI>Anthony</HI> made wa&s;te, &s;ale, and de&s;truction, in the Me&s;&s;uage afore&s;aid, with the Appurtenances, of Hou&s;es, that is to &s;ay, by throwing down two Barns, either of them of the price of 20 pounds, parcell of the Me&s;&s;uage afore&s;aid above demi&s;ed, and two Hou&s;es,
<NOTE PLACE="marg">Wa&s;te in throw|ing down Barns and out-hou&s;es.</NOTE> called Out-hou&s;es, each of them of the price of eighty &s;hillings, in like manner parcell of the Me&s;&s;uage afore&s;aid above, as afore&s;aid demi&s;ed. And the Timber of the &s;ame Barns and Hou&s;es &s;o thrown down, taking, burning, and &s;elling, to the di&s;-inheritance of him the &s;aid Earl, and again&s;t the form of the Provi&s;ion afore&s;aid: Whereupon he faith, that he is damni|fied, and hath damage to the value of one hundred and fifty pounds, and thereupon he bringeth Suit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>Anthony,</HI> by <HI>John Dawes</HI> his Attorney,
<NOTE PLACE="marg">No wa&s;te done.</NOTE> cometh and defendeth the force and injury, when, <HI>&amp;c.</HI> And what&s;oever, <HI>&amp;c.</HI> And by prote&s;tation that the afore&s;aid two Barns and Out-hou&s;es were not parcell of the Me&s;&s;uage afore&s;aid to him the &s;aid <HI>Anthony,</HI> by the afore&s;aid Earl in form afore&s;aid demi&s;ed, by prote&s;tation al&s;o, that the &s;ame Barns and Out-hou&s;es, were not of &s;o much value, as the &s;aid Earl by his Declaration afore&s;aid, hath above &s;uppo&s;ed: For Plea he &s;aith, That he hath made no wa&s;te, &s;ale, or de&s;truction, in the Me&s;&s;uage afore|&s;aid, as the afore&s;aid Earl hath above again&s;t him declared: And of this he puts him&s;elf upon the Countrey; and the afore&s;aid Earl in like manner; therefore command is given to the Sheriff, that he cau&s;e to come here in eight days, after the Purification of the ble&s;&s;ed Virgin <HI>Mary,</HI> twelve, <HI>&amp;c.</HI> By whom, <HI>&amp;c.</HI> and who neither, <HI>&amp;c.</HI> To Re|cognize, <HI>&amp;c.</HI> Becau&s;e as well, <HI>&amp;c.</HI></P>
<DIV3 TYPE="subsection">
<P>J. <HI>F.</HI> was &s;ummoned to an&s;wer <HI>R. A.</HI> and <HI>T.</HI> his Wife, of a Plea,
<NOTE PLACE="marg">Wa&s;te by the Heir in Tail again&s;t Tenant for life.</NOTE> where|fore, whereas by the common Councel of the Realm of our Lord the King of <HI>England,</HI> it is provided, That it &s;hall not be lawfull for any to make wa&s;te, &s;ale, or de&s;truction of Lands, Hou&s;es, Woods, or Gardens, to him demi&s;ed for term of life or years, the &s;ame <HI>J.</HI> of Lands, Hou&s;es,
<PB N="274" REF="141">Woods and Gardens, in <HI>C.</HI> which he holdeth for his life, of the afor|&s;aid <HI>R. A.</HI> by vertue of a Feoffment, which <HI>W. T.</HI> the elder after the fourth day of <HI>February,</HI> in the twenty &s;eventh year of the Reign of our Lord King <HI>Henry</HI> the eighth, thereof made to <HI>J. H.</HI> and <HI>H. C.</HI> and their Heirs, to the u&s;e of the afore&s;aid <HI>W.</HI> for term of his life, and after his decea&s;e, to the u&s;e of the afore&s;aid <HI>J. F.</HI> for term of his life, and after the decea&s;e of him the &s;aid <HI>J. F.</HI> to the u&s;e of the Heirs of the body of <HI>E.</HI> late Wife of the &s;ame <HI>J. F.</HI> mother of the afore&s;aid <HI>T.</HI> who&s;e Heir &s;he is, have made wa&s;te, &s;ale, and de&s;truction, to the di&s;|inheritance of him the &s;aid <HI>T.</HI> and again&s;t the form of the Provi&s;ion afore&s;aid, <HI>&amp;c.</HI> And whereupon they the &s;aid <HI>R.</HI> and <HI>T.</HI> by <HI>J. C.</HI> their Attorney,
<NOTE PLACE="marg">W. P. <HI>&s;eized in Fee.</HI></NOTE> &s;ay, That whereas the afore&s;aid <HI>W. P.</HI> was &s;eized of one Barn, and twenty acres of Land, called <HI>H.</HI> with the Appurtenances, in <HI>C.</HI> afore&s;aid, in the County afore&s;aid, in his Deme&s;ne, as of Fee, and &s;o being thereof &s;eized, after the afore&s;aid fourth of <HI>February,</HI> in the twenty &s;eventh year of the Reign of our afore&s;aid Lord, late King <HI>Henry</HI> the eighth, <HI>to wit,</HI> the eighth day of <HI>July,</HI> in the year of our Lord One thou&s;and five hundred &s;eventy &s;even,
<NOTE PLACE="marg">Makes a Feoff|ment to the u&s;e of him&s;elf for life, remainder to the Defen|dant for life, remainder in <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ail.</NOTE> of the &s;ame Tenements with the Appurtenances, did Infeoff the afore&s;aid <HI>J. H.</HI> and <HI>H. C.</HI> to have and to hold to them the &s;aid <HI>J. H.</HI> and <HI>H. C.</HI> and their Heirs for ever, to the u&s;e of the afore&s;aid <HI>W. P.</HI> for term of his life, without impeachment of Wa&s;te, and after his decea&s;e, to the u&s;e of the afore&s;aid <HI>J. F.</HI> for term of his life, and after the decea&s;e of the &s;aid <HI>J. F.</HI> to the u&s;e of the Heirs of the body of <HI>E.</HI> lately the Wife of the &s;aid <HI>J. F.</HI> mother of the afore&s;aid <HI>T.</HI> begotten; and for default of &s;uch I&s;&s;ue, to the u&s;e of the right Heirs of the afore&s;aid <HI>W.</HI> for ever: By vertue of which &s;aid Feoffment, and by force of a certain Act in Parliament, of our afore&s;aid Lord, King <HI>Henry</HI> the eighth, at <HI>We&s;tmin&s;ter,</HI> in the Coun|ty of <HI>Middle&s;ex,</HI> the afore&s;aid fourth day of <HI>February,</HI> in the Reign of the &s;ame late King <HI>Henry</HI> the eighth, the twenty &s;eventh afore&s;aid, of transferring u&s;es into po&s;&s;e&s;&s;ion there held and publi&s;hed, the afore&s;aid <HI>W. P.</HI> was &s;eized of the Tenements afore&s;aid, with the Appurtenances, in his Deme&s;ne, as of Free-hold, for term of life of him the &s;aid <HI>W.</HI> without impeachment of Wa&s;te: And the &s;ame <HI>W.</HI> being &s;o thereof &s;eized, the remainder thereof to the afore&s;aid <HI>J. F.</HI> for term of his life, the remainder thereof further, as is above limited, in form afore|&s;aid belonging:
<NOTE PLACE="marg">F<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">ffor diet V,</NOTE> The &s;ame <HI>W. P.</HI> afterwards, at <HI>C.</HI> afore&s;aid, died of &s;uch his E&s;tate &s;eized, after who&s;e death, the &s;ame <HI>J. F.</HI> in the Tene|ments afore&s;aid,
<NOTE PLACE="marg">Defendant en|ters for life.</NOTE> with the Appurtenances, as in his remainder afore&s;aid, did enter, and was thereof &s;eized in his Deme&s;ne, as of Free-hold, for term of life of him the &s;aid <HI>J. F.</HI>
<NOTE PLACE="marg">Remaind<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"> in tail to the Pliantiff the Wi&s;e.</NOTE> the remainder thereof further to the afore&s;aid <HI>T.</HI> Heir of the body of the afore&s;aid <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word">. late Wife of the &s;ame <HI>J. F.</HI> mother of her the &s;aid <HI>T.</HI> in form afore&s;aid belonging: And the afor&s;aid <HI>J. F.</HI> of the Tenements afore&s;aid &s;o being &s;eized, and the afore&s;aid <HI>T.</HI> &s;o of the remainder afore&s;aid being &s;eized, the
<PB N="275" REF="141">&s;ame <HI>T.</HI> after, at <HI>C.</HI> afore&s;aid, took to Husband the afore&s;aid <HI>R. A.</HI> by which,
<NOTE PLACE="marg">Enter marriage.</NOTE> they the &s;aid <HI>R.</HI> and <HI>T.</HI> in right of her the &s;aid <HI>T.</HI> were &s;eized of the remainder thereof, in their Deme&s;ne, as of Fee-Tail, that is to &s;ay, to her the &s;aid <HI>T.</HI> and the Heirs of her body i&s;&s;uing, and they the &s;aid <HI>R.</HI> and <HI>T.</HI> &s;o being thereof &s;eized, and the afore&s;aid <HI>J. F.</HI> of the Tenements afore&s;aid, with the Appurtenances, in form afore&s;aid being &s;eized, the &s;ame <HI>J. F.</HI> made wa&s;te, &s;ale,
<NOTE PLACE="marg">Wa&s;te in Lands in digging.</NOTE> and de&s;truction of the Land, (that is to &s;ay) in digging in the afore&s;aid twenty acres of Land, called <HI>H.</HI> ten load of Gravel, the price of each load there|of &s;ix pence, ten load of Clay, the price of each load thereof twelve pence, and ten load of Sand, the price of each load thereof twelve pence; and by taking and &s;elling the &s;ame Gravel Clay, and Sand: And al&s;o of the Hou&s;es,
<NOTE PLACE="marg">In Hou&s;es, by permitting Barn to lie un|covered.</NOTE> (that is to &s;ay) by permitting the Barn afore|&s;aid to &s;tand and be uncovered, by which the great Timber of the &s;aid Barn, of the price of twenty pounds, by tempe&s;t of Rain de&s;cenuing upon them, became rotten and corrupt: And the &s;ame Barn, by rea&s;on of the corruption, was by Ruine demoli&s;hed: And al&s;o of the Woods, (that is to &s;ay) by digging up by the roots ten Oaks,
<NOTE PLACE="marg">In woods.</NOTE> the price of each of them three &s;hillings and four pence in the afore&s;aid twenty acres of Land, with the Appurtenances, called <HI>H.</HI> lately &s;everally growing, and by taking and &s;elling the &s;ame Trees, to the di&s;-inheritance of her the &s;aid <HI>T.</HI> and again&s;t the form of the Provi&s;ion afore&s;aid, whereby they &s;ay. They are damnifi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">d, and have damage to the value of an hundred pounds, and thereupon they bring their Action, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>J. F.</HI> by <HI>T. L.</HI> his Attorney,
<NOTE PLACE="marg">No wa&s;te com|mitted.</NOTE> comes and defends the force and injury, when, <HI>&amp;c.</HI> and what&s;oever, <HI>&amp;c.</HI> and &s;ays, That he made no Wa&s;te, &s;ale, or de&s;truction of the Lands, Hou&s;es, and Woods afore&s;aid, with the Appurtenances, as the afore&s;aid <HI>R</HI> and <HI>T.</HI> by their Writ and Declaration afore&s;aid, have above &s;uppo&s;ed, and of this he puts him&s;elf upon the Countrey, and the afore&s;aid <HI>R.</HI> and <HI>T.</HI> in like manner; therefore command is given to the Sheriff, that he cau&s;e to come here twelve, <HI>&amp;c.</HI> And in the mean time, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid Defendant, by <HI>J. P.</HI> his Attorney,
<NOTE PLACE="marg">Pa&s;c. 19 Eliz. Rot. 1315. <HI>The Defendant pleads, that the hou&s;es were out of repair at the time of the de|mi&s;e, &s;o far as that they could not be repaired.</HI></NOTE> comes and defends the force and injury, when, <HI>&amp;c.</HI> And what&s;oever, <HI>&amp;c.</HI> And &s;aith, That the Plaintiff ought not to have his Action afore&s;aid again&s;t him, becau&s;e he &s;aith, That at the time of the Demi&s;e afore&s;aid made the Timber of the Hou&s;es afore&s;aid, for want of reparations, be|came &s;o weak and rotten, that the &s;ame Hou&s;es, for the weakne&s;&s;e and rottene&s;&s;e of the Timber, could not be covered; and this he is ready to aver, whereupon he prays Judgment, whether the afore&s;aid Plaintiff ought to have his Action afore&s;aid, again&s;t him, <HI>&amp;c.</HI></P>
<PB N="276" REF="142">
<P>And the afore&s;aid Plaintiff &s;ays,
<NOTE PLACE="marg">The Plaintiff replies that they were &s;ufficiently in repair at the time of the de|mi&s;e.</NOTE> That he by any thing before al|ledged, ought not to be debarred from having his Action afore&s;aid, be|cau&s;e he &s;aith, that at the time of the Demi&s;e afore&s;aid made, the Hou&s;es afore&s;aid were &s;ufficiently covered and repaired with &s;trong Timber, and afterwards by him the &s;aid Defendant wa&s;ted, as the &s;ame Plaintiff by his Writ and Declaration afore&s;aid, hath above &s;uppo&s;ed, and this he prays may be inquired of by the Countrey, and the afore|&s;aid Defendant in like manner; therefore command is given to the Sheriff, that he cau&s;e to come twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>AND the afore&s;aid Defendant,
<NOTE PLACE="marg">Pa&s;c. 19 Eliz. Rot. 341. <HI>The Defendant pleads by Pro|te&s;tation, no Wa&s;te for Pl<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">a that the Plain|tiff hath no|thing in Re|v<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">&s;ion.</HI></NOTE> by <HI>J. P.</HI> his Attorney, comes and defends the force and injury, when, <HI>&amp;c.</HI> and what&s;oever, <HI>&amp;c.</HI> and &s;aith, That the Plaintiff ought not to have his Action afore&s;aid again&s;t him, becau&s;e he &s;aith by prote&s;tation, that he made no wa&s;te, &s;ale, and de&s;truction of the Tenements afore&s;aid, with the Appurte|nances, as the afore&s;aid Plaintiff by his Writ and Declaration afore&s;aid, hath above &s;uppo&s;ed; for Plea he &s;aith, That the afore&s;aid Plaintiff hath nothing in Rever&s;ion of the Tenements afore&s;aid, with the Ap|purtenances, nor had any thing in the &s;ame Rever&s;ion at the day of the i&s;&s;uing forth of the Originall Writ of him the &s;aid Plaintiff, (&s;uch a day and year) nor at any time after, and this he is ready to aver; whereupon he prays Judgment, whether the afore&s;aid Plaintiff ought to have his Action afore&s;aid again&s;t him, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid Plaintiff &s;ays,
<NOTE PLACE="marg">I&s;&s;ue upon the Rever&s;ion in the Plaintiff.</NOTE> That he by any thing before al|ledged, ought not to be debarred from having his action afore&s;aid, be|cau&s;e he &s;aith, That the afore&s;aid day of the i&s;&s;uing forth of the Ori|ginall Writ afore&s;aid of him the &s;aid Plaintiff, the Rever&s;ion of the Tenements afore&s;aid, with the Appurtenances, to him the &s;aid Plaintiff, did belong, and to him do belong, and this he prays may be inquired of by the Countrey, and the afore&s;aid Defendant in like manner, therefore command is given to the Sheriff, That he cau&s;e to come here twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>C. W.</HI> and <HI>J.</HI> his Wife,
<NOTE PLACE="marg">Wa&s;te again&s;t Tenant in Dower.</NOTE> were &s;ummoned to an&s;wer <HI>J. T.</HI> of a Plea, wherefore they have made wa&s;te, &s;ale and de&s;truction of Lands, Hou&s;es, Woods and Gardens, which they hold in Dowrie of her the &s;aid <HI>J.</HI> of the Inheritance of the afore&s;aid <HI>J. T.</HI> in <HI>S.</HI> to the di&s; inhe|ritance of him the &s;aid <HI>J. T.</HI> &amp;c. And whereupon the &s;aid <HI>J. T.</HI> by <HI>J. P.</HI> his Attorney, &s;ays, That whereas the afore&s;aid <HI>C.</HI> and <HI>J.</HI> hold one Me&s;&s;uage, <HI>&amp;c.</HI> with the Appurtenances, in <HI>S.</HI> afore&s;aid, as the Dowrie of her the &s;aid <HI>J.</HI> of the endowment of one <HI>A. T.</HI> in times pa&s;t, her Husband, of the Inheritance of him the &s;aid <HI>J. T.</HI> they the &s;aid <HI>C.</HI> and <HI>J.</HI> have made wa&s;te, &s;ale, and de&s;truction, that is to &s;ay,
<PB N="277" REF="142">by filling up with earth, one Ditch, containing one hundred Perches,
<NOTE PLACE="marg">Filling up a Ditch.</NOTE> each Perch of the price of twelve pence, compa&s;&s;ing about a certain Clo&s;e of Pa&s;ture, called <HI>H.</HI> lying in a certain place called <HI>F.</HI> parcel of the Tenements afore&s;aid, in Dowrie as afore&s;aid, held of the Hou&s;es al&s;o, (that is to &s;ay) by permitting one Hall of the price, <HI>&amp;c.</HI>
<NOTE PLACE="marg">In Hou&s;es.</NOTE> (as before in others) and al&s;o by pulling up, burning and &s;elling thirty Boards, fixed in the Stable afore&s;aid, of the price, <HI>&amp;c.</HI> And al&s;o by throwing down two walls of the Hall afore&s;aid, of the price, <HI>&amp;c.</HI> By which the &s;ame Hall, Stable, Kitchin, and Cow hou&s;e became de&s;troyed by ruine, and the &s;aid Barn remains now ca&s;t down to the ground, of the Woods,
<NOTE PLACE="marg">In woods.</NOTE> (that is to &s;ay) by cutting down and pulling up by the roots an hundred Perches of quick Hedges, the afore&s;aid Clo&s;e of Pa&s;ture, called <HI>C.</HI> including, the price of each Perch, twelve pence, of the Gardens al&s;o, (that is to &s;ay) by cutting down in one Garden, parcell of the Tenements afore&s;aid in Dowrie,
<NOTE PLACE="marg">In Gardens.</NOTE> as afore&s;aid held, two Apple-trees, the price of them, <HI>&amp;c.</HI> to the di&s;-inheritance of him the &s;aid <HI>J. T.</HI> whereupon he &s;aith, that he is damnified, and hath damage to the value of &s;ixty pounds, and there|upon he bringeth Suit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>C.</HI> and <HI>J.</HI> by <HI>F. G.</HI> his Attorney, cometh,
<NOTE PLACE="marg">The Defendant pleads to the filling up the Ditch.</NOTE> and de|fendeth the force and injury, when, <HI>&amp;c.</HI> And as to the fir&s;t Wa&s;te, in filling up with earth the afore&s;aid Ditch, containing an hundred Perches compa&s;&s;ing about the afore&s;aid Clo&s;e of Pa&s;ture, called <HI>C.</HI> above &s;up|po&s;ed to be done, they the &s;aid <HI>C.</HI> and <HI>J.</HI> &s;ay, That the afore&s;aid <HI>T.</HI> ought not thereof to have his Action afore&s;aid again&s;t them, becau&s;e they &s;ay, That the Ditch afore&s;aid,
<NOTE PLACE="marg">That it was full at the hu&s;|bands death.</NOTE> at the time of the death of the afore&s;aid <HI>A. T.</HI> in times pa&s;t her Husband, for want of &s;couring and clean&s;ing of the &s;ame Ditch, was filled full of earth, and this they are ready to aver, whereupon they pray Judgment, <HI>&amp;c.</HI> And as to the afore|&s;aid wa&s;te, in permitting the afore&s;aid Hall, Kitchin, Barn, Stable, and Oxe-room, to &s;tand and be uncovered, above &s;uppo&s;ed to be done, they the &s;ame <HI>C.</HI> and <HI>J.</HI> &s;ay,
<NOTE PLACE="marg">That the hou&s;|ing was ruinous at his death.</NOTE> that the afore&s;aid <HI>T.</HI> ought not thereupon to have his Action afore&s;aid again&s;t them, becau&s;e they &s;ay, that at the time of the death of the afore&s;aid <HI>A. T.</HI> the Hall, Kitchin, Stable, and Cow|hou&s;e afore&s;aid, for want of covering, were ruinous, and out of repair, and the Timber of the Barn afore&s;aid, for want of reparations, was &s;o weak and rotten, that the &s;ame Barn for the in&s;ufficiency of the Timber afore&s;aid, for want of covering, within &s;ix months after the death of the afore&s;aid <HI>A.</HI> fell down, and now lies pro&s;trate to the earth, and this likewi&s;e he is ready to aver, whereupon they pray Judgment, <HI>&amp;c.</HI> And as to the afore&s;aid wa&s;te in pulling down the walls of the Hall afore|&s;aid, and plucking, burning, and &s;elling the afore&s;aid Boards, fixed in the Stable afore&s;aid, and cutting down, and &s;elling in the afore&s;aid Clo&s;e of Pa&s;ture, called <HI>C.</HI> the afore&s;aid two A&s;hes, and cuttting down and pluck|ing up the afore&s;aid hundred Perches of quick Hedges, compa&s;&s;ing the
<PB N="278" REF="143">afore&s;aid Clo&s;e of Pa&s;ture,
<NOTE PLACE="marg">In Wo<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ds and Gardens no wa&s;te made.</NOTE> called <HI>C.</HI> as al&s;o the cutting down in the afore&s;aid Garden the afore&s;aid two Apple-trees above &s;uppo&s;ed to be done, they the &s;aid <HI>C.</HI> and <HI>J.</HI> &s;ay, that they thereof made no Wa&s;te, &s;ale, or de&s;truction, as the afore&s;aid <HI>T.</HI> by his Writ and Declaration afore&s;aid, hath above &s;uppo&s;ed, and of this they put them&s;elves upon the Country, and the afore&s;aid <HI>T.</HI> in like manner, therefore command is given to the Sheriff that he cau&s;e to come here twelve, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>T.</HI>
<NOTE PLACE="marg">The Plaintiff replies, and tra|ver&s;ed what the Defendant hath pleaded &s;pecially to.</NOTE> as to the afore&s;aid fir&s;t Plea of them the &s;aid <HI>C.</HI> and <HI>J.</HI> to the afore&s;aid wa&s;te, in filling up with earth the afore&s;aid Ditch, compa&s;&s;ing the afore&s;aid Clo&s;e of Pa&s;ture, called <HI>C.</HI> above in Bar pleaced, &s;ays, That he by any thing in the &s;ame Plea before al|ledged, ought not to be debarred from having his Action afore|&s;aid for the wa&s;te therein made, becau&s;e he &s;ays, that the &s;aid <HI>C.</HI> and <HI>J.</HI> have made wa&s;te and de&s;truction in filling up with earth the &s;ame Ditch, incompa&s;&s;ing the afore&s;aid Clo&s;e of Pa&s;ture, called <HI>C.</HI> as he before hath alledged.
<NOTE PLACE="marg">A Traver&s;e.</NOTE> Without this, that the Ditch afore&s;aid at the time of the death of the afore&s;aid <HI>A.</HI> for want of clean&s;ing and &s;couring of the &s;ame Ditch, was filled up with earth, as the afore&s;aid <HI>C.</HI> and <HI>J.</HI> have above alledged, and this he is ready to aver, whereupon for that, the afore&s;aid Defendants, the wa&s;te afore&s;aid thereupon done have above acknowledged; the &s;ame <HI>T.</HI> prays Judge|ment, and damages, by rea&s;on of the &s;ame wa&s;te to be adjudged un|to him, <HI>&amp;c.</HI> And as to the afore&s;aid &s;econd Plea of the afore&s;aid De|fendants, unto the afore&s;aid wa&s;te, in permitting the afore&s;aid Hall, Kitchin, Stable and Cow-hou&s;e, to &s;tand, and to be uncovered above, in like manner pleaded in Bat, the afore&s;aid <HI>T.</HI> &s;ays, That he by any thing, <HI>&amp;c.</HI> (as before) becau&s;e he &s;aith, That the afore&s;aid <HI>C. J.</HI> made wa&s;te and de&s;truction in permitting the Hall, <HI>&amp;c.</HI> to &s;tand and be uncovered, by which the great Timber of the &s;ame Hou&s;es by tem|pe&s;ts of Rain de&s;cending on them, became rotten and corrupt, by which the Hall, <HI>&amp;c.</HI> were by Rain de&s;troyed, and the &s;ame Barn remains pro&s;trate to the earth,
<NOTE PLACE="marg">A Traver&s;e.</NOTE> as he hath above alledged. Without this, that at the time of the death of the afore&s;aid <HI>A.</HI> the Hall Kitchin, Barn, Stable, and Cow-hou&s;e afore&s;aid, for want of covering, were ruinous and decayed, and the Timber of the Barn for want of re|paration, was become &s;o weak and rotten that the &s;aid Barn, for the weakne&s;&s;e of the Timber afore&s;aid, and for want of covering fell, and yet lies pro&s;trate to the earth, as the afore&s;aid <HI>C.</HI> and <HI>J.</HI> have above alledged; and this, <HI>&amp;c.</HI> Whereupon, for that the afore&s;aid <HI>C.</HI> and <HI>J.</HI> the wa&s;te afore&s;aid thereupon done, have above acknowledged, the &s;ame <HI>T.</HI> prays Judgment, as before, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>C.</HI>
<NOTE PLACE="marg">I&s;&s;ues taken by the Defendant upon the &s;econd Traver&s;e.</NOTE> and <HI>J.</HI> as to the afore&s;aid fir&s;t Plea of the afore|&s;aid Plaintiff, unto the afore&s;aid wa&s;te, in filling up with earth the afore&s;aid Ditch, compa&s;&s;ing about the afore&s;aid Clo&s;e of Pa&s;ture, called <HI>C.</HI> above by Replication pleaded, as formerly &s;ay, That the
<PB N="279" REF="143">Ditch afore&s;aid, at the time of the death of the afore&s;aid <HI>A.</HI> for want of &s;couring and clean&s;ing of the &s;ame Ditch, was filled up with earth, as they above have alledged; and of this they put them&s;elves upon the Country and the afore&s;aid Plaintiffs in like manner: And as to the afore&s;aid &s;econd Plea in permitting the afore&s;aid Hall, Kitchin, Barn, Stable, and Cow-hou&s;e, to &s;tand and be uncovered above by Replication pleaded; the &s;ame <HI>C.</HI> and <HI>J.</HI> as formerly, &s;ay, that at the time of the death of the afore&s;aid <HI>A.</HI> the &s;ame Hall, <HI>&amp;c.</HI> for want of covering were ruinous and out of repair, and the Timber of the Barn for want of reparations became &s;o weak and rotten, that the &s;ame Barn, for the weakne&s;&s;e of the Timber afore&s;aid, and for want of cover|ing fell down, and remains pro&s;trate to the earth, as they above have alledged: And of this in like manner, they put them&s;elves upon the Countrey, and the afore&s;aid <HI>T.</HI> in like manner; therefore to try as well this i&s;&s;ue as the other i&s;&s;ues above joyned, as, <HI>&amp;c.</HI> Command is given to the Sheriff, that he cau&s;e to come here, twelve, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P>W. <HI>P.</HI> late of <HI>P.</HI> &amp;c. and <HI>W. S.</HI> late of, <HI>&amp;c.</HI>
<NOTE PLACE="marg">R. <HI>&s;&s;. Wa&s;te again&s;t Tenant for year<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> brought by the Purcha&s;er of the Rever&s;ion.</HI></NOTE> were &s;ummoned to an&s;wer <HI>Anthony Anchor</HI> Knight, of a Plea, wherefore, where|as by the Common-Councel of the Realm of <HI>England.</HI> It is pro|vided, that it &s;hall not be lawfull for any one to make wa&s;te, &s;ale, or de&s;truction, of any Lands, Hou&s;es, Woods, and Gardens, to him let at term of life or years: They the &s;aid <HI>W.</HI> and <HI>W.</HI> of Lands, Hou&s;es, Woods, and Gardens in <HI>B.</HI> which they hold for term of years of the afore&s;aid <HI>A.</HI> of the a&s;&s;ignment which <HI>T. Culpeper</HI> E&s;q who, the &s;ame to the afore&s;aid <HI>W.</HI> and <HI>W.</HI> for the &s;ame term did demi&s;e, they made wa&s;te, &s;ale, and de&s;truction, to the di&s;herizon of him the &s;aid <HI>A.</HI> and again&s;t the form of the Provi&s;ion afore&s;aid, <HI>&amp;c.</HI> And w<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ereupon he the &s;aid <HI>A</HI> by <HI>H. L.</HI> his Attorney, &s;ays,
<NOTE PLACE="marg">T. C. <HI>Demi&s;eth.</HI></NOTE> That whereas the afore&s;aid <HI>T. C.</HI> was lately &s;eized in his Deme&s;ne, as of Fee, of, and in one Me&s;|&s;uage, called <HI>Langham Park,</HI> with the Appurtenances, in <HI>B.</HI> afore|&s;aid, and being &s;o thereof &s;eized the third day of <HI>January,</HI> in the thirty eighth year of King <HI>Henry</HI> the eighth, at <HI>B.</HI> afore&s;aid, demi&s;ed the afore&s;aid <HI>W.</HI> and <HI>W.</HI> the &s;ame Tenements, with the Appurtenances, to hold to them, their Executors and A&s;&s;ignes, from the Fea&s;t of the Annunciation, <HI>&amp;c.</HI> then next following, unto the end and term of one and twenty years then next following, and fully to be compleat and ended; by vertue of which Demi&s;e, the afore&s;aid <HI>W.</HI> and <HI>W.</HI> were thereof po&s;&s;e&s;&s;ed: And they the &s;aid <HI>W.</HI> and <HI>W.</HI> being &s;o thereof po&s;|&s;e&s;&s;ed; and the afore&s;aid <HI>T. C.</HI> of the &s;ame Tenements,
<NOTE PLACE="marg">And &s;ells the Rever&s;ion to the Plaintiff.</NOTE> with the Appur|tenances, being &s;o &s;eized in his Deme&s;ne, as of Fee, he the &s;aid <HI>T</HI> after|wards, <HI>to wit,</HI> (&s;uch a day, year, and place) gave, granted, and a&s;&s;igned the Rever&s;ion of the <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">enements afore&s;aid, with the Appurtenances, to him the &s;aid <HI>A.</HI> to hold to him and his Heirs for ever: By vertue of which
<PB N="280" REF="144">&s;aid Gift,
<NOTE PLACE="marg">Attornment.</NOTE> Grant, and A&s;&s;ignment, the afore&s;aid <HI>W.</HI> and <HI>W.</HI> him&s;elf, to him the &s;aid <HI>A.</HI> at <HI>B.</HI> afore&s;aid, did attorn, by vertue of which &s;aid Gift,
<NOTE PLACE="marg">A&s;&s;ignment of promi&s;sive wa&s;te in hou&s;es.</NOTE> Grant, A&s;&s;ignment, and Attorment, he the &s;aid <HI>A.</HI> was of the Rever&s;ion of the Tenements afore&s;aid, with the Appureenances, &s;eized in his Deme&s;ne, as of Fee, and &s;o being thereof &s;eized, the afore&s;aid <HI>W.</HI> and <HI>W.</HI> made wa&s;te, &s;ale, and de&s;truction, in the Tenements afore&s;aid, with the Appurtenances, in the Hou&s;es, that is to &s;ay, in permitting one Hall, of the price of twenty pounds, three Chambers, of the price of ei|ther of them ten pounds, one Kitchin of the price of twenty pounds and one Barn of the price of twenty pounds, to &s;tand and to be uncovered, by which the great Timber thereof, for want of covering, by tempe&s;tu|ous rains beating upon them, became rotten and corrupt, and the whole Hou&s;e by rea&s;on of that corruption, by ruine was de&s;troyed; in Woods al&s;o by cutting down,
<NOTE PLACE="marg">In woods.</NOTE> &s;elling and burning, three Beeches, the price of each of them &s;ix &s;hillings and eight pence, and one hundred Beeches, the price of each of them four pence, in the Park afore&s;aid, &s;everally grow|ing, by permitting al&s;o the roots of three thou&s;and Oaks, one thou&s;and Elms, and five thou&s;and Beeches, by the afore&s;aid <HI>W.</HI> and <HI>W.</HI> in two hun|dred acres of Wood by the whole content of the &s;ame Wood, &s;everally lately growing, after cutting down, to &s;tand unfenced, &s;o that for want of inclo&s;ure, the Cattell feeding thereby, did &s;o neer bite up, and con|&s;ume the &s;mall branches, and &s;prouts growing out of the &s;aid roots, that by the afore&s;aid neer byting and croping each of the afore&s;aid roots of the Oaks, Elms, and Beeches, and the &s;prouts growing out of the &s;aid roots,
<NOTE PLACE="marg">Sprouts cropped</NOTE> to the value of a peny each, did wholly wither and grow dead; in the Gardens al&s;o, in permitting eight Perches of Pales, to the value of twenty &s;hillings, inclo&s;ing one Garden, parcell of the Tenements afore&s;aid to fall down, to the di&s;-inheri&s;on of him the &s;aid <HI>A</HI> and again&s;t the form of the Provi&s;ion afore&s;aid:
<NOTE PLACE="marg">Garden pales.</NOTE> Whereupon he &s;aith, that he is damnified, and hath damage to the value of one hundred pounds, And thereupon he bringeth Suit, <HI>&amp;c.</HI></P>
<P>And the afore&s;aid <HI>W. P.</HI> by <HI>R. P.</HI> his Attorney,
<NOTE PLACE="marg">No wa&s;te made to part, and to the re&s;t the De|fendant pleads that before the Grant of the Rever&s;ion be b<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ught the trees of the Grantor.</NOTE> and the afore&s;aid <HI>W. S.</HI> by <HI>J. F.</HI> his Attorney, comes and defends the force and injury, when, <HI>&amp;c.</HI> And as to the whole wa&s;te afore&s;aid, in the Lands, Hou&s;es. Woods and Gardens, above &s;uppo&s;ed to be done, be&s;ides the cutting down, &s;ale and de&s;truction of the afore&s;aid hundred and three Beeches, &s;ay. That they have made no wa&s;te, &s;ale or de&s;truction thereof, as the afore&s;aid <HI>A.</HI> above again&s;t them complaineth; and of this they put them&s;elves upon the Countrey, and the afore&s;aid <HI>A.</HI> in like manner: And as to the afore&s;aid wa&s;te, in cutting down, &s;ale, and de&s;truction of the afore&s;aid hundred and three Beeches, above &s;uppo&s;ed to be done, they the &s;aid <HI>W.</HI> and <HI>W.</HI> &s;ay, That the afore&s;aid <HI>A.</HI> ought not there|upon to have his Action afore&s;aid again&s;t them, becau&s;e they &s;ay, That before the &s;aid Gift, Grant and A&s;&s;ignment of the Rever&s;ion of the Tenements afore&s;aid, to the afore&s;aid <HI>A.</HI> by the afore&s;aid <HI>T.</HI> in form
<PB N="281" REF="144">afore&s;aid made, <HI>to wit,</HI> (&s;uch a day and year) he the &s;aid <HI>T.</HI> at <HI>B.</HI> afore&s;aid, for a certain &s;um of money to him the &s;aid <HI>T.</HI> by them the &s;aid <HI>W.</HI> and <HI>W.</HI> before hand paid, &s;old to them the &s;aid <HI>W.</HI> and <HI>W.</HI> the afore&s;aid hundred and three Beeches, among&s;t other Trees in the Park afore&s;aid lately growing: By vertue of which &s;aid &s;ale, they the &s;aid <HI>W.</HI> and <HI>W.</HI> the afore&s;aid hundred and three Beeches did cut down, &s;ell, and burn, as it was lawfull for them to do; and this they are ready to aver, whereupon they pray Judgment, whether the &s;aid <HI>A.</HI> ought to have his Action afore&s;aid again&s;t them, <HI>&amp;c.</HI>
<NOTE PLACE="marg">The Plaintiff replies, no &s;ale made by the Grantor.</NOTE></P>
<P>And the afore&s;aid <HI>A.</HI> &s;ays, That he, by any thing before alledged, from having his Action afore&s;aid, for the afore&s;aid wa&s;te for cutting down, &s;ale, and de&s;truction, of the afore&s;aid hundred and three Beeches above &s;uppo&s;ed to be done, ought not to be debarred, becau&s;e he &s;aith, That the afore&s;aid <HI>T. C.</HI> before the afore&s;aid Gift, Grant, and A&s;&s;ign|ment of the Rever&s;ion of the Tenements afore&s;aid, by him the &s;aid <HI>A.</HI> to the afore&s;aid <HI>T.</HI> in form afore&s;aid made, did not &s;ell the afore&s;aid <HI>W.</HI> and <HI>W.</HI> the afore&s;aid hundred and three Beeches, nor any of them, as the afore&s;aid <HI>W.</HI> and <HI>W.</HI> have above alledged: And this he prays, may be enquired of by the Countrey, and the afore&s;aid <HI>W.</HI> and <HI>W.</HI> in like manner; therefore as now, to trying as well this I&s;&s;ue as the afore|&s;aid other I&s;&s;ue formerly joyned; command is given to the Sheriff, that he cau&s;e to come here on the morrow after the holy <HI>Trinity,</HI> twelve, <HI>&amp;c.</HI> By whom, <HI>&amp;c.</HI> and who neither, <HI>&amp;c.</HI> to Recognize, <HI>&amp;c.</HI> becau&s;e as well, <HI>&amp;c.</HI> At which day, here came the parties, <HI>&amp;c.</HI> and the Sheriff &s;ent not the Writ, <HI>&amp;c.</HI> Therefore, as formerly,
<NOTE PLACE="marg"><HI>Continuance of</HI> Venire fac.</NOTE> command is given to the Sheriff, that he cau&s;e to come here in eight days after the holy <HI>Trinity</HI> twelve, <HI>&amp;c.</HI> To Recognize, <HI>&amp;c.</HI> in form afore&s;aid, <HI>&amp;c.</HI> At which day the Jury between the parties afore&s;aid, of the afore&s;aid Plea, was put thereupon between them into re&s;pite here unto this day, <HI>to wit,</HI> from the day of Saint <HI>Michael,</HI> on fifteen days then next following, unle&s;&s;e the Ju&s;tices of our Lady the Queen, at the A&s;&s;izes in the County afore&s;aid, a&s;&s;igned to be taken by the form of the Statute, <HI>&amp;c.</HI> on Friday (&s;uch a day la&s;t pa&s;t) at <HI>Roche&s;ter,</HI> in the County afore&s;aid, &s;hould fir&s;t come; and now here at the day cometh the afore&s;aid <HI>A.</HI> by his Attorney afore|&s;aid, and the afore&s;aid Ju&s;tices of A&s;&s;izes, before whom, <HI>&amp;c.</HI>
<NOTE PLACE="marg">Po&s;tea.</NOTE> &s;ent here their Record in the&s;e words; Afterwards, the day and year within con|tained, before <HI>David Brook</HI> Knight, and <HI>Thomas Gawdy,</HI> Serjeant at Law, Ju&s;tices of our Lord the King, a&s;&s;igned to take A&s;&s;izes in the County of <HI>Kent,</HI> by the form of the Statute, <HI>&amp;c.</HI> came as well the with|in named <HI>Anthony Anchor,</HI> as the within written <HI>William S.</HI> by their Attorneys within contained, and the within written, <HI>W. P.</HI>
<NOTE PLACE="marg">De&s;ault.</NOTE> being &s;olemn|ly required, came not, but made default; Therefore let the Jury where|of within is made mention, be taken again&s;t him, by default, whereupon the Jurors of the Jury impannelled, being required, &s;ome of them, (that is to &s;ay) <HI>R. B. J. L. R. W. R. H. C. R. R. R. W. C.</HI> and <HI>H. R.</HI>
<PB N="282" REF="145">came, and were &s;worn upon that Jury, but the re&s;idue of the Jurors, the afore&s;aid Jury now appearing, (that is to &s;ay) <HI>K. C. J. W. J. A. S. H. J. N.</HI>
<NOTE PLACE="marg">Chall<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nge, &s;ome withdrawn.</NOTE> and <HI>T. L.</HI> becau&s;e that they between the parties afore&s;aid are found to be &s;u&s;pitious, from that pannell are wholly withdrawn, as it appears in the &s;ame pannell: And becau&s;e the re&s;idue of the Jurors of the afore&s;aid Jury appeared not,
<NOTE PLACE="marg">Tales.</NOTE> therefore others of the &s;tanders by, by the Sheriff cho&s;en at the reque&s;t of the afore&s;aid <HI>J.</HI> and by the command of the afore&s;aid Ju&s;tices, are put on of new, who&s;e names to the pannell afore&s;aid are filed, according to the form of the Statute in the like ca&s;e publi&s;hed and provided for, and the Jurors &s;o of new put on, (that is to &s;ay) <HI>G. R.</HI> and <HI>R. A.</HI> &amp;c. who, to &s;peak the truth of the within contained, together with other the afore&s;aid Jurors fir&s;t impannelled and &s;worn, being cho&s;en, tried, and &s;worn, &s;ay upon their Oath, that the afore&s;aid <HI>W.</HI> and <HI>W.</HI> made wa&s;te, &s;ale, and de&s;tructi|on in the Tenements within written, (that is to &s;ay) in permitting one Hall,
<NOTE PLACE="marg">The Verdict again&s;t the De|fendant for wa&s;te in h u&s;es.</NOTE> of the price of &s;ix &s;hillings and eight pence, three Chambers, the price of either of them two &s;hillings and two pence, one Kitchin, the price of &s;ix &s;hillings and eight pence, and one Barn, the price of thirteen &s;hillings and four pence, to &s;tand and be uncovered, by which the main Timber thereof, for want of covering, by tempe&s;tuous rains de|&s;cending upon them, became rotten and corrupt, and that Hou&s;e, by rea&s;on of that corruption ruinou&s;ly demoli&s;hed. In the Woods al&s;o (that is to &s;ay) by permitting the roots of a thou&s;and Oaks,
<NOTE PLACE="marg">And woods.</NOTE> four hun|dred Elms, and &s;ix hundred Beeches, in the within written two hun|dred acres of Wood, &s;everally lately growing, by the afore&s;aid <HI>W.</HI> and <HI>W.</HI> cut down to &s;tand unfenced; &s;o that for want of inclo&s;ure of the &s;ame, the living bea&s;ts, the &s;prigs growing out of the &s;aid roots, did crop off, and by &s;eeding, con&s;ume &s;o neer tho&s;e roots, that by the cropping and like feeding, each of the roots of the afore&s;aid roots, and the &s;prouts growing out of tho&s;e roots, to the value of half a farthing, did wholly wither and die, as the afore&s;aid <HI>Anthony Anchor</HI> again&s;t the afore&s;aid <HI>W.</HI> and <HI>W.</HI> have within declared: And as to the &s;ale within &s;pecified, of one hundred and three Beeches, within, by the with|in named <HI>W.</HI> and <HI>W.</HI> to them, by the within named, <HI>Thomas Culpeper,</HI> &s;uppo&s;ed to be done: The Jurors afore&s;aid &s;ay, That the &s;ame <HI>T. C.</HI> before the within written Gift, Grant, and A&s;&s;ignment of the Rever&s;i|on of the Tenements within &s;pecified, to the afore&s;aid <HI>A.</HI> by the afore|&s;aid <HI>T. C.</HI> in form within written made, <HI>to wit,</HI> (&s;uch a day and year within written) &s;old not to them the &s;aid <HI>W.</HI> and <HI>W.</HI> the hundred and three Beeches within written, nor any of them, as they the &s;aid <HI>W.</HI> and <HI>W.</HI> have within alledged; and therefore the Jury afore&s;aid &s;ay, That the afore&s;aid <HI>W.</HI> and <HI>W.</HI> have made wa&s;te, &s;ale, and de&s;truction in the afore&s;aid hundred and three Beeches, (that is to &s;ay) by cutting and &s;elling the &s;ame hundred and three Beeches, the price of each of them one peny, and one fourth part, in the Park within written,
<PB N="283" REF="145">&s;everally growing in manner and form as the afore&s;aid <HI>A. A.</HI>
<NOTE PLACE="marg">No other wa&s;te made.</NOTE> within hath declared, to the di&s;-inheriting of him the &s;aid <HI>A.</HI> and again&s;t the form of the Provi&s;ion within written: And further, the Jury afore&s;aid &s;ay, That the afore&s;aid <HI>W.</HI> and <HI>W.</HI> have made no other wa&s;te, &s;ale, or de&s;truction to the afore&s;aid <HI>A. A.</HI> of the Tene|ments within written; Therefore it is con&s;idered, that the afore&s;aid <HI>A.</HI> recover his Seizin again&s;t the afore&s;aid <HI>W.</HI> and <HI>W.</HI>
<NOTE PLACE="marg">Judgment in wa&s;te.</NOTE> of the afore|&s;aid places wa&s;ted, and his damages, by rea&s;on of that wa&s;te in the &s;ame by the Jurors afore&s;aid, in form afore&s;aid found, to the treble, according to the form of the Statute, <HI>&amp;c.</HI> which &s;aid treble damages in the whole, do amount unto ten pounds three &s;hillings and ten pence; And the afore&s;aid <HI>W.</HI> and <HI>W.</HI> in mercy, <HI>&amp;c.</HI> And likewi&s;e the afore&s;aid <HI>A. A.</HI>
<NOTE PLACE="marg">Mercy.</NOTE> in mercy for his fal&s;e complaint for the re&s;idue of the wa&s;te afore&s;aid, whereof the afore&s;aid <HI>W.</HI> and <HI>W.</HI> by the Juros afore&s;aid, above &s;tand acquitted, and let the &s;aid <HI>W.</HI> and <HI>W.</HI> be thereof quit, <HI>&amp;c.</HI> And upon this, the afore&s;aid <HI>A. A.</HI> prays a Writ of our Lord the King, to make him have Seizin of the places afore&s;aid wa&s;ted, to the Sheriff of the County afore&s;aid to be directed: And it is granted him re|turnable here, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>WAr.</HI> &s;&s;. <HI>F. Moor,</HI> Widow, <HI>R. G.</HI> and <HI>C.</HI> his Wife,
<NOTE PLACE="marg"><HI>Wa&s;te after a Fine levied,</HI> Trin. 8 Eliz. Rot. 916.</NOTE> were &s;um|moned to an&s;wer <HI>E. Littleton,</HI> Gentleman, of a Plea, where|fore, by the Common Councell of the Realm of our Lady the Queen of <HI>England,</HI> it is provided, that it &s;hall not be lawfull for any to make wa&s;te, &s;ale, or de&s;truction of Lands, Hou&s;es, Woods, or Gardens, to them let for term of life, or years, they the &s;aid <HI>F. R.</HI> and <HI>C.</HI> of Hou&s;es and Woods in <HI>S.</HI> which they hold for the life of <HI>A. B.</HI> of the Demi&s;e of <HI>S. B.</HI> and the afore&s;aid <HI>A.</HI> his Wife,
<NOTE PLACE="marg">Demi&s;e by Fine.</NOTE> by Fine there|upon in the Court of our Lady the Queen that now is, before <HI>James Dyer,</HI> Knight, and his fellows, Ju&s;tices of our &s;aid Lady the Queen of her Bench, by the Writ of our &s;aid Lady the Queen, between one <HI>W. M.</HI> now dead, and the afore&s;aid <HI>F. R.</HI> and <HI>C.</HI> and them the &s;aid <HI>F.</HI> and <HI>A.</HI> levied of the afore&s;aid <HI>E. Littleton,</HI> of the A&s;&s;ignment, which <HI>John Littleton,</HI> Clerk, Brother and Heir of <HI>T. Littleton,</HI> who demi&s;ed the &s;ame to the afore&s;aid <HI>A.</HI> for the &s;ame term thereupon made, to him the &s;aid <HI>E.</HI> they made wa&s;te, &s;ale, and de&s;truction, to the di&s;-inhe|ritance of him the &s;aid <HI>E.</HI>
<NOTE PLACE="marg">T. J. <HI>&s;eized makes Feoff|ment to u&s;es before the Statute.</HI></NOTE> and again&s;t the form of the provi&s;ion afore&s;aid, <HI>&amp;c.</HI> And whereupon the &s;aid <HI>E.</HI> by <HI>T. N.</HI> his Attorney, &s;ays, That whereas the afore&s;aid <HI>T. L.</HI> was &s;eized of the Mannor of <HI>S.</HI> with the Appurtenances, in the County afore&s;aid, and of twelve Me&s;&s;uages, five Cottages, five hundred acres of Land, one hundred acres of Meadow, fourty acres of Pa&s;ture, <HI>&amp;c.</HI> with the Appurtenances,
<PB N="284" REF="146">in <HI>S.</HI> afore&s;aid, in his Deme&s;ne, as of Fee, and &s;o being thereof &s;eized, he the &s;aid <HI>T. L.</HI> (&s;uch a day and year) of the &s;ame Mannor and Te|nements, with the Appurtenances, among&s;t other things, did infeoff <HI>J. Dingley,</HI> and <HI>R. Sheldon,</HI> E&s;q <HI>E. Draycote, Richard Newport,</HI> the elder, <HI>W. C. Anthony Littleton, T. Dingley,</HI> and <HI>Rich. Sheldon,</HI> Gentle|man, to hold to them and their Heirs for ever, to the u&s;e and behoof of him the &s;aid <HI>T. L.</HI> and the afore&s;aid <HI>A.</HI> his then Wife, and the Heirs of the body of him the &s;aid <HI>T. L.</HI> lawfully begotten; and for default of &s;uch i&s;&s;ue, to the u&s;e and behoof of the right Heirs of him the &s;aid <HI>T. L.</HI> for ever, by vertue of which &s;aid Feoffment, the afore&s;aid <HI>J. D. R. S.</HI> and the other Feoffees, were &s;eized of the Mannor and Tenements afore&s;aid, with the Appurtenances, among&s;t other things, in their De|me&s;ne,
<NOTE PLACE="marg">The Feoffees &s;eized to u&s;es untill the Sta|tute.</NOTE> as of Fee, unto the u&s;e of the afore&s;aid <HI>T. L</HI> and <HI>A.</HI> and the Heirs of the body of him the &s;aid <HI>T.</HI> lawfully begotten, and for default of &s;uch i&s;&s;ue, to the u&s;e and behoof of the right Heirs of him the &s;aid <HI>T. L.</HI> for ever, unto the fourth day of <HI>February</HI> in the twenty &s;eventh year of the Reign of King <HI>Henry</HI> the eighth, on which day, by vertue of a certain Act of Parliament of the &s;ame late King at <HI>We&s;tmin&s;ter,</HI> in the County of <HI>Middle&s;ex,</HI> the &s;ame fourth day of <HI>Febr.</HI> of transferring u&s;es into po&s;&s;e&s;&s;ion, held and publi&s;hed, the afore&s;aid <HI>T. L.</HI> and <HI>A.</HI> were &s;eized of the &s;ame Mannor and Tenements,
<NOTE PLACE="marg">&V;&s;e ve&s;ted by the Statute.</NOTE> with the Appurtenances, among&s;t other things, (that is to &s;ay) he the &s;aid <HI>T. Littleton,</HI> in his De|me&s;ne, as of Fee tail, (that is to &s;ay) to him and the Heirs males of his body lawfully begotten, and the &s;ame <HI>A.</HI> in her Deme&s;n, as of Free-hold, the Remainder thereof for default of &s;uch i&s;&s;ue, to the right Heirs of the afore&s;aid <HI>T. L.</HI> for ever belonging, and they the &s;aid <HI>T. L.</HI> and <HI>A.</HI> &s;o being thereof &s;eized,
<NOTE PLACE="marg">Feoffor dieth wi<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">hout i&s;&s;ue.</NOTE> he the &s;aid <HI>T.</HI> afterwards, at <HI>E.</HI> in the County of <HI>W.</HI> of &s;uch his E&s;tate, died thereof &s;eized, without any Heir of his body lawfully begotten, and the afore&s;aid <HI>A.</HI> him the &s;aid <HI>T. L.</HI> &s;urvi|ved, and held her &s;elf in the Mannor and Tenements afore&s;aid, with the Appurtenances, and was thereof &s;ole &s;eized in her Deme&s;ne, as of Free|hold by right accruing, <HI>&amp;c.</HI> after who&s;e &s;aid <HI>T. L.</HI> his death, the Rever&s;ion of the Mannor and Tenements afore&s;aid,
<NOTE PLACE="marg">Wife holds by &s;urviving.</NOTE> with the Appurtenances; (after the death of the afore&s;aid <HI>A.</HI> to be had, for that the afore&s;aid <HI>T. Little|ton</HI> died without any Heir of his body lawfully begotten) did de&s;cend to the afore&s;aid <HI>J. Littleton,</HI> as to the Brother and Heir of the afore&s;aid <HI>T. Littleton,</HI>
<NOTE PLACE="marg">Rever&s;ion in <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">a<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">l de&s;cends to his brother.</NOTE> by which he the &s;aid <HI>T. L.</HI> was &s;eized of the &s;ame Rever&s;i|on of the Manor and Tenements afore&s;aid, with the Appurtenances, as of his Fee and Right, and he the &s;aid <HI>J. L.</HI> &s;o being thereof &s;eized, and the afore&s;aid <HI>A.</HI> of the Mannor and Tenements afore&s;aid, with the Ap|purtenances, in form afore&s;aid being &s;eized, the &s;ame <HI>A.</HI> afterwards, at <HI>S.</HI> in the County afore&s;aid, took to Husband the afore&s;aid <HI>F. Bul&s;t<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">od,</HI> by which, they the &s;aid <HI>F.</HI> and <HI>A.</HI> were &s;eized of the Mannor and Tene|ments afore&s;aid, with the Appurtenances, in their Deme&s;ne, as of Free|hold,
<PB N="285" REF="146">in right of her the &s;aid <HI>A.</HI> and they the &s;aid <HI>F.</HI> and <HI>A.</HI> &s;o being thereof &s;eized; and the afore&s;aid <HI>J. L.</HI> of the Rever&s;ion of the &s;ame Mannor and Tenements, with the Appurtenances, in form afore&s;aid, be|ing &s;eized, he the &s;aid <HI>J. L.</HI> afterwards, <HI>to wit,</HI> (&s;uch a day, year and place) by his certain Deed which he the &s;aid <HI>J.</HI> with the Seal of the afore&s;aid <HI>T. L.</HI> &s;igned here brings into Court,
<NOTE PLACE="marg">Grant of the Reve<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;ion.</NOTE> who&s;e Date is the &s;ame day and year, did give and grant the Rever&s;ion of the Mannor and Tenements afore&s;aid, with the Appurtenances, to him the &s;aid <HI>E. L.</HI> to have and to hold, to him and his Heirs for ever; and after, <HI>to wit,</HI> the fourth day of <HI>J.</HI> (&s;uch a year) the afore&s;aid <HI>F. B.</HI> at <HI>B.</HI> in the County of <HI>W.</HI> did attorn him&s;elf to him the &s;aid <HI>E. Littleton,</HI>
<NOTE PLACE="marg">A<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">to<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">nment.</NOTE> of the Rever&s;ion of the Mannor and Tenements afore&s;aid, with the Appur|tenances, by vertue of the Gift and Gran<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"> afore&s;aid to him the &s;aid <HI>E.</HI> in form afore&s;aid made, by vertue of which &s;aid Gift, Grant, and At|torment afore&s;aid, he the &s;aid <HI>E.</HI> was &s;eized of the &s;ame Rever&s;ion of the Mannor and Tenements afore&s;aid, with the Appurtenances, as of his Fee and Right; and he the &s;aid <HI>Edward</HI> &s;o being thereof &s;eized, and the afore&s;aid <HI>F.</HI> and <HI>A.</HI> of the Mannor and Tenements afore&s;aid, with the Appurtenances, in form afore&s;aid, being &s;eized, the afore&s;aid Fine was levied in the Court of our &s;aid Lady the Queen that now is, <HI>to wit,</HI> at <HI>We&s;tmin&s;ter,</HI> in eight days of Saint <HI>Michael,</HI> in the &s;econd year of her Reign, before <HI>James Dyer, Humphrey Brown, Anthony Brown,</HI> and <HI>Richard We&s;ton,</HI> then Ju&s;tices of her the &s;aid Lady the Queen that now is, of her Bench here, and other faithfull Subjects of her the &s;aid Queen, then there pre&s;ent, between the afore&s;aid <HI>W. M.</HI> now dead, and <HI>Francis, Robert, Gower,</HI> and <HI>Cecilie,</HI> Com|plainants; and the afore&s;aid <HI>Francis Bul&s;trode,</HI>
<NOTE PLACE="marg">Fine levied by the Wife of the Feoffor of her E&s;tate to the De&s;endants.</NOTE> and <HI>A.</HI> Deforceants of the Mannor and Tenements afore&s;aid, with the Appurtenances, among&s;t other things, by the names of the Mannor of <HI>S. A.</HI> with the Appurtenances, and twenty Me&s;&s;uages, ten Cottages, a thou&s;and acres of Land, <HI>&amp;c.</HI> in the afore&s;aid County of <HI>W.</HI> whereof a Plea of Co|venant was &s;ummoned between them in the Court, <HI>to wit,</HI> That the afore&s;aid <HI>F.</HI> and <HI>A.</HI> did grant to the afore&s;aid <HI>W. M.</HI> now dead, <HI>Francis, Robert, Gower,</HI> and <HI>Cecilie,</HI> the Mannor and Tenements afore&s;aid, with the Appurtenances, to have and to hold to them the &s;aid <HI>W. F. R.</HI> and <HI>C.</HI> during the whole life of her the &s;aid <HI>A.</HI> by vertue of which Fine, they the &s;aid <HI>W. M. F.</HI> and <HI>R. G.</HI> and <HI>C.</HI> were &s;eized of the Mannor and Tenements afore&s;aid with the Appurtenances, in their Deme&s;ne, as of Free-hold, that is to &s;ay for the term of the life of the afore&s;aid <HI>A.</HI> and they the &s;aid <HI>W. R.</HI> and <HI>F. R.</HI> and <HI>C.</HI> &s;o being thereof &s;eized, and the &s;ame <HI>E.</HI> of the afore&s;aid Rever&s;ion of the Mannor and Te|nements afore&s;aid, with the Appurtenances, in form afore&s;aid, being &s;eiz|ed, they the &s;aid <HI>W. M. F. R. G.</HI> and <HI>C.</HI> after that Fine in form afore&s;aid, le|vied of the Mannor and Tenements afore&s;aid, with the Appurtenances,
<PB N="286" REF="147">made wa&s;te and de&s;truction of the Hou&s;es,
<NOTE PLACE="marg">Wa&s;te in hou&s;es.</NOTE> (that is to &s;ay) permitting one Man&s;ion-hou&s;e, containing three Bays, the price of each Bay thirty &s;hillings in the Tenure of <HI>M. R.</HI> Widow, one other Man&s;ion-hou&s;e, containing &s;ix Bays, price of each Bay fourty &s;hillings in the Te|nure of <HI>G. H.</HI> parcell of the Mannor and Tenements afore&s;aid, with the Appurtenances, to &s;tand and be uncovered, whereby the great Tim|ber of tho&s;e Hou&s;es, by tempe&s;tuous rains de&s;cending upon them, be|came rotten and corrupt, and tho&s;e Hou&s;es, by rea&s;on of that corrupti|on,
<NOTE PLACE="marg">In woods.</NOTE> by ruine fell down; by permitting al&s;o filth and earth to lie upon three Ground&s;ils of certain Barns in like manner, parcell of the Tene|ments afore&s;aid, by which tho&s;e Ground&s;ils, the price of each, five &s;hillings, became rotten and corrupt: In the Woods al&s;o, (that is to &s;ay) by cutting down a certain Clo&s;e of Land, called <HI>S.</HI> ten Oaks, the price of each of them four &s;hillings; in a certain other Clo&s;e, called <HI>H.</HI> eight A&s;hes, price of each of them three &s;hillings; in a certain other Clo&s;e of Land, called <HI>M.</HI> in like manner, parcell of the Tene|ments afore&s;aid, with the Appurtenances, nine Elms, the price of every of them four &s;hillings: in the &s;ame Clo&s;es of Land, lately &s;everally growing; by cutting down al&s;o, and &s;elling in another Clo&s;e of Land, in the Tenure of <HI>J. W.</HI> in like manner, parcell of the Tenements afore&s;aid, three Elms, the price of each of them four &s;hillings to the di&s;-inheriting of him the &s;aid <HI>E.</HI> and again&s;t the form of the Pro|vi&s;ion afore&s;aid, whereupon he &s;aith, that he is damnified, and hath damage to the value of two hundred pounds, and thereupon he bringeth Suit, <HI>&amp;c.</HI></P>
</DIV3>
<DIV3 TYPE="subsection">
<P><HI>DEvon.</HI>
<NOTE PLACE="marg"><HI>Wa&s;te by the Grantee of a Rever&s;ion a|gain&s;t one who had Lea&s;e of the Lands by devi&s;e.</HI> E<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">&s;ter Term, <HI>in the eighteenth year of the</HI> Queen, <HI>Rot.</HI> 2080.</NOTE> &s;&s;. <HI>J. H.</HI> was &s;ummoned to an&s;wer <HI>T. S.</HI> of a Plea, where|fore, when as by the Common-Councell of the Realm of <HI>England,</HI> it is provided, that it &s;hall not be lawfull for any to make wa&s;t, &s;ale, or de&s;truction, of any Lands, Hou&s;es, Woods, or Gardens, to them demi&s;ed for term of life or years; he the &s;aid <HI>J.</HI> of Hou&s;es, Woods, and Gardens, in <HI>S.</HI> which he holds for term of years, of the Demi&s;e of <HI>W. R.</HI> of the afore&s;aid <HI>T.</HI> of the A&s;&s;ign|ment which <HI>N. R.</HI> who demi&s;ed the &s;ame to the afore&s;aid <HI>W.</HI> for the &s;ame term thereupon made to <HI>D. S.</HI> father of the afore&s;aid <HI>T. S.</HI> who&s;e Heir he is, made wa&s;te, &s;ale, and de&s;truction, to the di&s;-inhe|riting of him the &s;aid <HI>T.</HI> and again&s;t the form of the provi&s;ion afore|&s;aid: And whereupon he the &s;aid <HI>T.</HI> by <HI>J B.</HI> his Attorney, &s;ays, That whereas the afore&s;aid <HI>N. R.</HI> was &s;ei&s;ed of two Me&s;&s;uages, two acres of Land, thirty acres of Pa&s;ture, and one acre of Wood, with the Appurtenances, in <HI>S.</HI> afore&s;aid, in his Deme&s;ue, as of Fee, and &s;o being thereof &s;eized, (&s;uch a day, year, and place) did demi&s;e to the afore&s;aid <HI>W. R.</HI> the Tenements afore&s;aid, with the Appurtenances,
<PB N="287" REF="147">to have and to occupy, to him and his A&s;&s;ignes,
<NOTE PLACE="marg">N. R. <HI>demi&s;eth to</HI> W. R.</NOTE> from the Fea&s;t of Saint <HI>Michael</HI> the Arch-Angel, then next to come, to the end and term of &s;ixty years thence next following, and fully to be compleated. By vertue of which Demi&s;e, the afore&s;aid <HI>R. W.</HI> was of the Tene|ments afore&s;aid, with the Appurtenances, po&s;&s;e&s;&s;ed, and he the &s;aid <HI>W.</HI> &s;o being thereof po&s;&s;e&s;&s;ed, and the afore&s;aid <HI>N. R.</HI> of the Rever|&s;ion, of the &s;ame Tenements, with the Appurtenances,
<NOTE PLACE="marg">N. <HI>Grants the Rever&s;ion to</HI> D. S.</NOTE> in form afore|&s;aid, being &s;eized, he the &s;aid <HI>N.</HI> (&s;uch a day, year, and place) by his certain Writing, which he the &s;aid <HI>T. S.</HI> with the Seal of the afore|&s;aid &s;igned, here in Court produces, who&s;e Date is the &s;ame day and year, granted the Rever&s;ion of the Tenements afore&s;aid, with the Ap|purtenances, to the afore&s;aid <HI>D. S.</HI> to hold to him and his Heirs, and A&s;&s;ignes for ever, to which &s;aid Grant of Rever&s;ion afore&s;aid, the afore&s;aid <HI>W. R.</HI> after, <HI>to wit,</HI> (&s;uch a day, year,
<NOTE PLACE="marg">Attorment.</NOTE> and place afore&s;aid) did attorn him&s;elf to the &s;aid <HI>D. S.</HI> By vertue of which &s;aid Grant and Attornment, the afore&s;aid <HI>D.</HI> was &s;eized of the Re|ver&s;ion afore&s;aid, in his Deme&s;ne, as of Fee and Right;
<NOTE PLACE="marg">W. R. <HI>The Le&s;&s;ee devi&s;eth his E&s;tate to the Defendant and his wi&s;e.</HI></NOTE> and he the &s;aid <HI>D.</HI> &s;o being thereof &s;eized, and the afore&s;aid <HI>W. R.</HI> of the Tene|ments afore&s;aid, with the Appurtenances, in form afore&s;aid, being po&s;|&s;e&s;&s;ed, he the &s;aid <HI>W.</HI> (&s;uch a day, year, and place) made his Te&s;ta|ment, and by that his Te&s;tament, gave and bequeathed to the afore|&s;aid <HI>J. T.</HI> and to one <HI>A.</HI> then his Wife, his whole State, Intere&s;t, and term of years, which he then had to come, of, and in the Tene|ments afore&s;aid, with the Appurtenances,
<NOTE PLACE="marg">Entry by con|&s;ent of the Ex|ecutor.</NOTE> and made and ordained one <HI>A. B.</HI> Executor of his Te&s;tament afore&s;aid, and after there died of the &s;ame Tenements, with the Appurtenances, in form afore&s;aid po&s;|&s;e&s;&s;ed, after who&s;e death, the afore&s;aid <HI>J. H.</HI> and <HI>A.</HI> by con&s;ent of the afore&s;aid Executor, into the Tenements afore&s;aid, with the Appur|tenances, did enter, and was thereof po&s;&s;e&s;&s;ed, by vertue of the Demi&s;e afore&s;aid; and they the &s;aid <HI>J.</HI> and <HI>A.</HI> &s;o being thereof po&s;&s;e&s;&s;ed, the afore&s;aid <HI>F.</HI> at <HI>S.</HI> afore&s;aid, died, and the afore&s;aid <HI>J. H.</HI> her &s;urvived, and held him&s;elf in the &s;ame Tenements, with the Appurtenances, and was thereof &s;ole po&s;&s;e&s;&s;ed by Right accruing, <HI>&amp;c.</HI> and he the &s;aid <HI>J. H.</HI> &s;o being thereof po&s;&s;e&s;&s;ed, and the afore&s;aid <HI>D. S.</HI>
<NOTE PLACE="marg">D. S. <HI>dies &s;ei&s;ed of the Rev<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters">&s;i|on which de|&s;cends to the Plaintiff.</HI></NOTE> of the Rever&s;ion of the &s;ame Tenements, with the Appurtenances, in form afore&s;aid, being &s;eized, he the &s;aid <HI>D.</HI> at <HI>S.</HI> afore&s;aid, died of &s;uch his E&s;tate, thereof &s;eized, after who&s;e death, the Rever&s;ion afore&s;aid, de&s;cended to him the &s;aid <HI>T. S.</HI> as to the Son and Heir of him the &s;aid <HI>D. S.</HI> by which the &s;aid <HI>T.</HI> was &s;eized of the Rever&s;ion afore&s;aid, in his De|me&s;ne, as of Fee and Right, and he the &s;aid <HI>T.</HI> &s;o being thereof &s;eized, and the afore&s;aid <HI>J. H.</HI> of the Tenements afore&s;aid, with the Appur|tenances, in form afore&s;aid being po&s;&s;e&s;&s;ed, he the &s;aid <HI>J. H.</HI> made wa&s;te,
<NOTE PLACE="marg">Wa&s;te in hou&s;ee.</NOTE> &s;ale, and de&s;truction in the Tenements afore&s;aid, in the Hou&s;es, (that is to &s;ay) permitting one Hall of the price of fifteen pounds, one Barn,
<PB N="288" REF="148">of the price of eight pounds, one Stable of the price of &s;even pounds, one Cow-hou&s;e of the price, <HI>&amp;c.</HI> parcell of the Tenements afore&s;aid, with the Appurtenances, to &s;tand and be uncovered, by which the great Timber of the &s;ame Hou&s;es, by tempe&s;tuous Rains de&s;cending upon them, became rotten and corrupt, and the Hou&s;e, by rea&s;on of that rottenne&s;&s;e, is like to fall down, and the &s;tone walls of the &s;ame Hou&s;e were corrupt:
<NOTE PLACE="marg">In Woods.</NOTE> Of the Woods al&s;o, (that is to &s;ay) cutting down and &s;elling, in one Clo&s;e of Pa&s;ture, called <HI>D.</HI> in like manner, parcell of the Tenements afore&s;aid, four Oaks, the price of each of them five &s;hillings;
<NOTE PLACE="marg">In Gardens.</NOTE> Of the Gardens al&s;o, (that is to &s;ay) in cutting down and burning in one Garden, parcell of the Tenement afore&s;aid; twenty Apple-trees, the price of each of them three &s;hillings, in the &s;ame Garden lately di&s;per&s;edly growing, to the di&s;-inheritance of him the &s;aid <HI>T. S.</HI> and again&s;t the form of the Provi&s;ion afore&s;aid: Whereupon he &s;ays, That he is damnified, and hath damage to the value of one hundred pounds, and thereupon he bringeth Suit, <HI>&amp;c.</HI></P>
</DIV3>
</DIV2>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="index">
<PB REF="148">
<HEAD>THE TABLE.</HEAD>
<LIST>
<HEAD>A</HEAD>
<ITEM><HI>ANnuity pleaded in Bar of Dower</HI> 116</ITEM>
<ITEM><HI>Action &s;ur Statute,</HI> 3 R. 3. <HI>again&s;t a Sheriff for taking Goods of a per&s;on in pri&s;on before conviction</HI> 135</ITEM>
<ITEM><HI>Action &s;ur Statute for taking a Di&s;tre&s;s out of the Fee</HI> 136</ITEM>
<ITEM><HI>Action &s;ur Statute</HI> 18 H. 6. <HI>again&s;t forcible Entries</HI> ibid.</ITEM>
<ITEM><HI>Avowry in Replevin by an Over&s;eer cho&s;en in a Court Baron</HI> 157</ITEM>
<ITEM><HI>Avowry for Rent-charge made by Will</HI> 158</ITEM>
<ITEM><HI>Amends pleaded for killing of Conies</HI> 164</ITEM>
<ITEM><HI>Arbitrement pleaded after the la&s;t continuance, and Replication, no &s;uch arbitrement</HI> 165</ITEM>
<ITEM><HI>Arbitrement after arbitrement plea|ded after the la&s;t continuance</HI> ib.</ITEM>
<ITEM><HI>A&s;&s;aults, Battery, and fal&s;e impri|&s;onments declared of</HI> 168</ITEM>
<ITEM><HI>Attorney</HI> Del Roy <HI>acknowledgeth the Defendants Plea</HI> 171</ITEM>
<ITEM><HI>Ayd from the King</HI> 183</ITEM>
<ITEM><HI>A&s;&s;i&s;e taken by default</HI> 184</ITEM>
<ITEM><HI>A&s;&s;i&s;e, the Jury found for the Plain|tiff</HI> ibid.</ITEM>
<ITEM><HI>A&s;&s;i&s;e, Judgment in it</HI> ibid.</ITEM>
<ITEM><HI>Averment, that the Plaintiff was Tenant</HI> 185</ITEM>
<ITEM><HI>A&s;&s;ignment of a fal&s;e Oath in At|taint</HI> 2</ITEM>
<ITEM><HI>Annuity against a Prebend by a Scholar of the &V;niver&s;ity</HI> 5, 6</ITEM>
<ITEM><HI>Avowry for an Amerciament in Court Baron</HI> 23</ITEM>
<ITEM><HI>Abatement pleaded after the la&s;t con|tinua<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ce</HI> 26</ITEM>
<ITEM><HI>Arbitrators made no Award is plea|ded</HI> 27</ITEM>
<ITEM><HI>A&s;&s;ignment in Dower pleaded in bar of Dower</HI> 118</ITEM>
<ITEM><HI>Avowry for &s;ervice to a Mill, and Suit of Court</HI> 13</ITEM>
<ITEM><HI>Avowry for Rent-&s;ervice upon a pre|&s;cription to di&s;train</HI> 16</ITEM>
<ITEM><HI>Avowry for taking Cattel trespa&s;&s;|ing</HI> 18</ITEM>
<ITEM><HI>Avowry for a Rent charge</HI> 20, 21</ITEM>
<ITEM><HI>Attachment for the King</HI> 43</ITEM>
<ITEM><HI>Array qua&s;hed</HI> ibid.</ITEM>
<ITEM><HI>Account again&s;t a Bailiff of an Office, and Receiver of Mony</HI> 45, 46</ITEM>
<ITEM><HI>Again&s;t a Receiver of Mony to mer|chandize</HI> 46</ITEM>
<ITEM><HI>Account, Defendant acknowledgeth the Action, and Auditors are a&s;|&s;igned by the Court</HI> ibid.</ITEM>
<ITEM><HI>Account, the Defendant bayled</HI> 47</ITEM>
<ITEM><HI>Account, the Defendant committed for want of bayl</HI> ibid.</ITEM>
<ITEM><HI>Auditors a&s;&s;igned</HI> ibid.</ITEM>
<ITEM><HI>Account before Auditors, and i&s;&s;ue thereupon</HI> 48</ITEM>
<ITEM><HI>Auditors payment pleaded, and i&s;&s;ue thereupon</HI> ibid.</ITEM>
<ITEM><HI>Account for a Guardian of a Church
<PB REF="149">again&s;t another Guardian</HI> 50</ITEM>
<ITEM><HI>Accounted fully pleaded</HI> ibid.</ITEM>
<ITEM><HI>Accounted fully pleaded to part, and i&s;&s;ue for the re&s;t</HI> 50</ITEM>
<ITEM><HI>Account re&s;pited,</HI> Quou&s;que ibid.</ITEM>
<ITEM><HI>Account again&s;t a Bailiff of Tene|ments, and as Receiver of money</HI> 51</ITEM>
<ITEM><HI>Account again&s;t a joynt occupier of Grain</HI> ibid.</ITEM>
<ITEM><HI>Always ready to render an account pleaded</HI> 52</ITEM>
<ITEM><HI>Fine in Court of Antient Deme&s;ne</HI> 53</ITEM>
<ITEM><HI>Antient Deme&s;ne pleaded in A&s;&s;ize</HI> 57</ITEM>
<ITEM><HI>Ca&s;e for levying Fine in Antient Deme&s;ne</HI> 208</ITEM>
<ITEM>Accedas ad Cur. <HI>delivered upon plaint removed</HI> 188</ITEM>
<ITEM>Audita querela <HI>upon an e&s;cape</HI> 27</ITEM>
<ITEM>Audita querela <HI>upon a Relea&s;e, and bail thereupon</HI> 30</ITEM>
<ITEM>Audita querela, <HI>where three are bound, and one hath a Relea&s;e, the re&s;t &s;ued</HI> 32</ITEM>
<ITEM>Audita querela &s;ur Stat. de <HI>&V;&s;ury for money lent</HI> 34</ITEM>
<ITEM>Audita querela <HI>upon an</HI> Elegit, <HI>after Judgment in a</HI> Scire fac <HI>upon a Recognizance</HI> 36</ITEM>
<ITEM>Audita querela, <HI>Judgment in it for the Plaintiff</HI> 40</ITEM>
<ITEM><HI>Account again&s;t a Receiver of money to pay a &s;ervants wages</HI> 52</ITEM>
<ITEM><HI>Account again&s;t a Bailiff of a Hun|dred</HI> ibid.</ITEM>
<ITEM><HI>Account,</HI> Nil dicit 53</ITEM>
<ITEM><HI>A&s;&s;ize brought for common of pa&s;ture for all manner of Cattell</HI> 55</ITEM>
<ITEM><HI>A&s;&s;ize again&s;t three, who plead &s;e|verally</HI> 56</ITEM>
<ITEM><HI>Adjournment of A&s;&s;ize</HI> 56, 62</ITEM>
<ITEM><HI>A&s;&s;ize,</HI> Non tenure, <HI>and if,</HI> &amp;c. <HI>Te|nant never &s;eized,</HI> Nul tort <HI>Plea|ded</HI> 56</ITEM>
<ITEM><HI>Tenant in Ancient Deme&s;ne for part, Barr by Feoffment for another part</HI> 57</ITEM>
<ITEM><HI>Az&s;&s;ize to be taken upon the fir&s;t title pleaded</HI> 61</ITEM>
<ITEM><HI>A&s;&s;ize again&s;t two, and both &s;ay, they are &s;ole Tenant</HI> 62</ITEM>
<ITEM><HI>Array qua&s;hed</HI> 65</ITEM>
<ITEM><HI>A&s;&s;ize of common of pa&s;ture, with title thereof</HI> 65</ITEM>
<ITEM><HI>A&s;&s;ize of E&s;tovers, with title of pre|&s;cription</HI> 66</ITEM>
<ITEM><HI>A&s;&s;ize of Nu&s;ance, for turning a water-cour&s;e</HI> 66</ITEM>
<ITEM><HI>A&s;&s;ize for dimini&s;hing water in a Pond, by which fi&s;hing was lo&s;t, and watering of Cattell</HI> 67</ITEM>
<ITEM><HI>A&s;&s;ize for an Office of a Fillazer</HI> ibid.</ITEM>
<ITEM><HI>Appearance recorded</HI> 69</ITEM>
<ITEM><HI>Acquittance pleaded for part, and</HI> Plene Admini&s;travit <HI>for the re|&s;idue</HI> 84</ITEM>
<ITEM><HI>A&s;&s;ets in the hands of an Admini|&s;trator pleaded</HI> 85</ITEM>
<ITEM><HI>Attornment of Tenant pleaded</HI> 97</ITEM>
<ITEM><HI>A&s;&s;ignment to Creditors by commi&s;|&s;ioners of Bankrupt</HI> 101</ITEM>
<ITEM><HI>Averment that it is one and the &s;ame Debt, and as well to the u&s;e of the Plaintiff as other Creditors</HI> 102</ITEM>
<ITEM><HI>Averment in Dower, that the Baron died &s;eized</HI> 113</ITEM>
<ITEM><HI>Averment that money was not paid at the day of the Condition expre&s;&s;ed, by which the Bond is forfeited</HI> 228</ITEM>
<ITEM><HI>Action acknowledged</HI> 272</ITEM>
<ITEM><HI>Acquittance not the Deed of the Plaintiff pleaded</HI> 85, 103</ITEM>
</LIST>
<LIST>
<HEAD>B.</HEAD>
<ITEM><HI>BArr in Avowry</HI> 14, 24</ITEM>
<ITEM><HI>Bar to an avowry by Guardian</HI> 18</ITEM>
<ITEM><HI>Bail, none upon confe&s;&s;ion</HI> 46</ITEM>
<ITEM><HI>Bar in account</HI> 53</ITEM>
<PB REF="149">
<ITEM><HI>Bar by de&s;cent in tail to an A&s;&s;ize</HI> 59</ITEM>
<ITEM><HI>Bar by the Tenant maintained, and traver&s;es the Di&s;&s;ei&s;in</HI> 61</ITEM>
<ITEM><HI>Bar by De&s;cent, with what e&s;tate</HI> 63</ITEM>
<ITEM><HI>Bar in Debt, when one of the Defen|dants is dead, and the other pleads</HI> Plene Admini&s;travit 87</ITEM>
<ITEM><HI>Bar by generall acquittance</HI> 102</ITEM>
<ITEM><HI>Bar in Prohibition, that of Lyme burnt to be &s;old, Tythes are to be paid, and averment that Lyme was burnt to be &s;old, and traver&s;e of the Pre&s;cription</HI> 146</ITEM>
<ITEM><HI>Bail in Tre&s;pa&s;&s;e</HI> Sur<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">le <HI>Ca&s;e</HI> 227</ITEM>
<ITEM><HI>Bar by licen&s;e to put in his bea&s;ts</HI> 250</ITEM>
</LIST>
<LIST>
<HEAD>C.</HEAD>
<ITEM><HI>CAhallenge to the Array, becau&s;e the Sheriff is Co&s;in to the Plain|tiff</HI> 43</ITEM>
<ITEM><HI>Challenge to the Array at the</HI> Ni&s;i prius 44</ITEM>
<ITEM><HI>Coroner, Plaintiff challengeth him|&s;elf, and prayeth the</HI> Venire facias <HI>to another Coroner</HI> ibid.</ITEM>
<ITEM><HI>Challenge to the Array, becau&s;e it was made by denomination of the Plaintiff</HI> 44</ITEM>
<ITEM><HI>Challenge to the Sheriff, and one of the Corners by the Plaintiff</HI> ibid.</ITEM>
<ITEM>Capias <HI>to account awarded</HI> 47</ITEM>
<ITEM><HI>Colour given</HI> 59, 63, 140</ITEM>
<ITEM><HI>Challenge demurred unto</HI> 95</ITEM>
<ITEM><HI>Continuance of A&s;&s;ize</HI> 68</ITEM>
<ITEM><HI>Challenge to the Sheriff, the Writ di|rected to the Coroner</HI> 69</ITEM>
<ITEM><HI>Challenge to the &V;nder Sheriff</HI> ibid.</ITEM>
<ITEM><HI>Covenant brought upon the</HI> Haben|dum 70</ITEM>
<ITEM><HI>Covenant to make further a&s;&s;urance</HI> ibid.</ITEM>
<ITEM><HI>Covenant brought by an Executor of a Le&s;&s;or again&s;t the A&s;&s;igne for breaking two Covenants</HI> 72</ITEM>
<ITEM><HI>Covenant broken for Rent-charge</HI> 73</ITEM>
<ITEM><HI>Conditions performed</HI> 82</ITEM>
<ITEM><HI>Challenge to a Village, for that it is within a di&s;tre&s;&s;e of the Plaintiff, and</HI> Venire facias <HI>of the next Vil|lage without the Hundred</HI> 193</ITEM>
<ITEM><HI>Ca&s;e for an Attorney for his Fees for pro&s;ecuting in Chancery</HI> 209</ITEM>
<ITEM><HI>For words,</HI> Thou art a Lunatick 211</ITEM>
<ITEM><HI>By a Surety again&s;t a Principall for not &s;aving him harmle&s;&s;e</HI> 213</ITEM>
<ITEM><HI>&V;pon a promi&s;e for procuring a pardon</HI> 215</ITEM>
<ITEM><HI>&V;pon promi&s;e for loan of a Mare, which was killed in riding</HI> 214</ITEM>
<ITEM><HI>Ca&s;e for arre&s;ting one in a Liberty not being Bailiff of the &s;ame</HI> 254</ITEM>
<ITEM><HI>Ca&s;e again&s;t one for making of tren|ches cro&s;&s;e a way</HI> 197</ITEM>
<ITEM><HI>Ca&s;e again&s;t an Inn-holder for mo|ney delivered to him by a Gue&s;t</HI> 196</ITEM>
<ITEM><HI>Ca&s;e for a Prothonotaries Clerk for money upon a promi&s;e, upon his Writ of Priviledge</HI> 198</ITEM>
<ITEM><HI>Ca&s;e for Fees for drawing a Decla|ration</HI> 199</ITEM>
<ITEM><HI>Ca&s;e for ob&s;tructing a way</HI> 200</ITEM>
<ITEM><HI>Ca&s;e</HI> &s;ur <HI>promi&s;e for to pay money and intere&s;t at day given</HI> 201</ITEM>
<ITEM><HI>Ca&s;e</HI> &s;ur A&s;&s;ump&s;it <HI>for money and for wares, where part is payd</HI> 202</ITEM>
<ITEM><HI>Ca&s;e</HI> &s;ur <HI>Promi&s;e to become &s;ecu|rity for money lent, and for|bearance</HI> 203</ITEM>
<ITEM><HI>Ca&s;e</HI> &s;ur A&s;&s;ump&s;it <HI>to pay money for Land contracted for</HI> 204</ITEM>
<ITEM><HI>Ca&s;e upon promi&s;e of money, upon con&s;ideration of marriage</HI> 205</ITEM>
<ITEM><HI>Ca&s;e for a Fine levied, of Lands in ancient Deme&s;ne</HI> 209</ITEM>
<PB REF="150">
<ITEM><HI>Ca&s;e by one indicted for Felony, and acquitted as to the party indicting him</HI> 207</ITEM>
<ITEM><HI>Ca&s;e again&s;t a Steward, for not ta|king &s;ecurity in Replevin</HI> 208</ITEM>
<ITEM><HI>Ca&s;e for meat and drink had by the wife while&s;t &s;he was &s;ole</HI> 218</ITEM>
<ITEM><HI>For a Keeper of a Pri&s;on, for meat, drink, and lodging</HI> 219</ITEM>
<ITEM><HI>Confirmation by the Grant of an An|nuity by a Prebend</HI> 7</ITEM>
<ITEM><HI>Confirmation of a Dean and Chapter pleaded</HI> ibid.</ITEM>
<ITEM><HI>Commi&s;&s;ion of Bankrupts at the Pe|tition of Creditors</HI> 101</ITEM>
<ITEM><HI>Ca&s;e upon a Promi&s;e to pay money upon a wager</HI> 217</ITEM>
<ITEM><HI>Ca&s;e for &s;candalous words by a Gar|ter-Herald.</HI> 258</ITEM>
<ITEM><HI>Concord pleaded in Bar before the day of payment, containing the condition of the Bond</HI> 109</ITEM>
<ITEM><HI>Claim in Dower</HI> 116</ITEM>
<ITEM><HI>Counter-plea to the Voucher in Dower</HI> 120</ITEM>
<ITEM><HI>Ca&s;e by a Tenant for life, again&s;t Tenant at will for cutting down Timber</HI> 256</ITEM>
<ITEM><HI>Ca&s;e by an Executrix on a promi&s;e for goods</HI> 221</ITEM>
<ITEM><HI>For a Clerk for his Fees for pro&s;e|cuting in the &V;pper Bench</HI> 223</ITEM>
<ITEM><HI>For hire of a Hor&s;e unpaid, and not delivered</HI> 225</ITEM>
<ITEM><HI>&V;pon a promi&s;e for wares deliver|ed upon two &s;everall contracts</HI> 226</ITEM>
<ITEM><HI>Again&s;t a Sheriff upon an e&s;cape upon Outlawry</HI> 227</ITEM>
<ITEM><HI>Ca&s;e for &s;topping up a Light by erect|ing a Hou&s;e</HI> 230</ITEM>
<ITEM><HI>By a Chirurgion upon a promi&s;e in the te&s;tates life time</HI> 231</ITEM>
<ITEM><HI>Again&s;t an unskilfull Chirurgi|on</HI> 232</ITEM>
<ITEM><HI>Again&s;t a Sheriff for not return|ing a</HI> Venditioni exponas 233</ITEM>
<ITEM><HI>Again&s;t a Sheriff for returning fal&s;ly a</HI> Deva&s;tavit 235</ITEM>
<ITEM><HI>For an Executor for the &s;ame rea&s;on</HI> 237</ITEM>
<ITEM><HI>Ca&s;e again&s;t a Vicar for not enjoy|ing rate Tythes according to pro|mi&s;e</HI> 239</ITEM>
<ITEM><HI>&V;pon promi&s;e to &s;ave one harm|le&s;&s;e</HI> 240</ITEM>
<ITEM><HI>For heightening a water cour&s;e</HI> 241</ITEM>
<ITEM><HI>&V;pon a promi&s;e for procuring one to be arre&s;ted in the Sheriffs Court</HI> 242</ITEM>
<ITEM><HI>To &s;tand to an Arbitration</HI> 243</ITEM>
<ITEM><HI>&V;pon money due upon hire of an Apprentice</HI> 244</ITEM>
<ITEM><HI>For &s;etting a Dogg to bite Hoggs that they died, and for keeping a Dogg to bite Sheep</HI> 247</ITEM>
<ITEM><HI>For digging a Ditch, and making a Hedge in a common path</HI> 248</ITEM>
<ITEM><HI>Again&s;t a Sheriff for not execu|ting a</HI> Capias Utlagatum ibid.</ITEM>
<ITEM><HI>For hindring of Common</HI> 249</ITEM>
<ITEM><HI>For a Chirurgion for providing of Medicines, and the Defendant would not take them</HI> 251</ITEM>
<ITEM><HI>Ca&s;e for departing from &s;ervice within the time retained</HI> 230</ITEM>
<ITEM><HI>For re&s;cuing Cattell taken for re|liefe</HI> 246</ITEM>
<ITEM><HI>For negligent pa&s;turing of Cat|tell</HI> 251</ITEM>
<ITEM><HI>For a Copiholder for cutting down trees upon his cu&s;tomary Tene|ments</HI> 252</ITEM>
<ITEM>Capias <HI>and return</HI> 228</ITEM>
<ITEM>Alias <HI>returned</HI> ibid.</ITEM>
<ITEM>Capias Utlagatum 229</ITEM>
<ITEM><HI>Ca&s;e for cutting down of trees upon a Copihold</HI> 252</ITEM>
<ITEM><HI>For arre&s;ting in a Liberty</HI> 254</ITEM>
<ITEM><HI>For erroneous pro&s;ecuting a Writ
<PB REF="150">of Execution</HI> 255</ITEM>
<ITEM><HI>Ca&s;e for re&s;cue made upon a</HI> Lati|tat 256</ITEM>
<ITEM><HI>Ca&s;e for words</HI> 258, 260</ITEM>
<ITEM><HI>For not making a fence</HI> 262</ITEM>
<ITEM><HI>&V;pon the Cu&s;tom of</HI> London, <HI>for dividing a Citizens <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> to his children</HI> 263</ITEM>
<ITEM><HI>Again&s;t the Clerk of the Errors, who took money by extortion</HI> 265</ITEM>
<ITEM><HI>For not paving a bill of Exchange after acceptance</HI> 266</ITEM>
<ITEM><HI>&V;pon a promi&s;e for, and in con&s;i|deration of Marriage by an Ex|ecutor</HI> 267</ITEM>
</LIST>
<LIST>
<HEAD>D.</HEAD>
<ITEM>DI&s;tringas <HI>upon a Jury in At|taint</HI> 3</ITEM>
<ITEM><HI>Debt by an Executor for an Annuity granted to the Te&s;tator</HI> 8</ITEM>
<ITEM><HI>Demurrer to a Writ</HI> 39</ITEM>
<ITEM><HI>De&s;cent pleaded</HI> 59</ITEM>
<ITEM><HI>De&s;cent by Prote&s;tation</HI> 60</ITEM>
<ITEM><HI>Di&s;&s;ei&s;in to anothers u&s;e</HI> 61</ITEM>
<ITEM><HI>Di&s;&s;eizor dying, the Heir of the Di&s;|&s;eizee enters</HI> ibid.</ITEM>
<ITEM><HI>Debt upon a verball Demi&s;e for rent behinde</HI> 74</ITEM>
<ITEM><HI>Debt upon a Bill, the Defendant doth plead &s;atisfaction by goods deli|vered</HI> 75</ITEM>
<ITEM><HI>Debt by an Admini&s;tratrix for ar|rears of an Annuity due to the In|te&s;tate</HI> ibid.</ITEM>
<ITEM><HI>Debt by a Curat for his &s;alary</HI> 76</ITEM>
<ITEM><HI>Declaration upon a Bill to pay money, or to do an Act</HI> 77</ITEM>
<ITEM><HI>Declaration upon a</HI> Scire fac. <HI>again&s;t the Heir and Ter-tenant</HI> 77</ITEM>
<ITEM><HI>Debt upon Retainer for Coun&s;ell</HI> 80</ITEM>
<ITEM><HI>Debt upon a Retainer to carry goods,</HI> 81</ITEM>
<ITEM><HI>Debt upon a Bill</HI> ibid.</ITEM>
<ITEM><HI>Debt upon an Obligation</HI> 82</ITEM>
<ITEM><HI>Debt upon a Bill again&s;t an Admini|&s;trator of an Admini&s;tratrix</HI> 83</ITEM>
<ITEM><HI>Debt upon &s;everall Specialties</HI> 85</ITEM>
<ITEM><HI>Debt by an Executor again&s;t another Executor</HI> 86</ITEM>
<ITEM><HI>Debt brought upon a Bill to be payd the day of Marriage</HI> 87</ITEM>
<ITEM><HI>Deni&s;age pleaded at the time of ma|king of a Bill</HI> 88</ITEM>
<ITEM><HI>Debt by an Attorney for Fees and expences</HI> 89</ITEM>
<ITEM><HI>Debt</HI> &s;ur <HI>Bond</HI> 91</ITEM>
<ITEM><HI>Debt</HI> &s;ur in &s;imul computa&s;&s;et 94</ITEM>
<ITEM><HI>Debt</HI> &s;ur <HI>Retainer for a School-Ma|&s;ter</HI> 94</ITEM>
<ITEM><HI>Debt upon a Demi&s;e for Cattell let to Farm</HI> 95</ITEM>
<ITEM><HI>Debt by a Chirurgion for curing of a Wound</HI> 96</ITEM>
<ITEM><HI>Debt upon a Bill for matter accruing after the making and &s;ealing of the Bill</HI> 98</ITEM>
<ITEM><HI>Declaration upon a</HI> Scire fac. <HI>again&s;t Ter-tenants, and Execution awar|ded</HI> 79</ITEM>
<ITEM><HI>Debt upon the Statute again&s;t frau|dulent gifts again&s;t him who avow|eth a fraudulent Gift</HI> 101</ITEM>
<ITEM><HI>Debt upon the Statute of Bankrupts, that he began to keep his Hou&s;e, amd &s;o became Bankrupt</HI> 100</ITEM>
<ITEM><HI>Debt</HI> &s;ur <HI>Bill, for payment of money and Cattells</HI> 102</ITEM>
<ITEM><HI>Debt by the Heir upon an Indenture made by his ance&s;tor again&s;t the Ex|ecutor of Le&s;&s;ee, for rent behinde in the life of the Le&s;&s;ee, and after</HI> 103</ITEM>
<ITEM><HI>Debt by an A&s;&s;ignee in Rever&s;ion</HI> 96</ITEM>
<ITEM><HI>Debt upon Articles</HI> 104</ITEM>
<ITEM><HI>Debt for Felons goods granted to the Plaintiff by Letters-Patents</HI> 106</ITEM>
<ITEM><HI>Debt</HI> &s;ur <HI>Retainer for &s;hooing of Hor|&s;es</HI> ibid.</ITEM>
<ITEM><HI>Debt</HI> &s;ur <HI>Recovery in the County-Court</HI> 109</ITEM>
<PB REF="151">
<ITEM><HI>Debt for an Annuity granted,</HI> pro+con&s;ilio. 112</ITEM>
<ITEM><HI>Debt</HI> &s;ur <HI>Account before Auditors</HI> 110</ITEM>
<ITEM><HI>Dower brought for Gavel-kinde Land</HI> 112</ITEM>
<ITEM><HI>Day given to the Plaintiff</HI> 108</ITEM>
<ITEM><HI>Declaration in a County Court</HI> ibid.</ITEM>
<ITEM><HI>Dower, the i&s;&s;ue of full age</HI> 114</ITEM>
<ITEM><HI>Dower, Tenant pleads</HI> Non tenure ibid.</ITEM>
<ITEM><HI>Dower, demand is of a Mannor Te|nements, Warren, and Advow|&s;on</HI> 114</ITEM>
<ITEM>Detinue <HI>for certain goods</HI> 121</ITEM>
<ITEM>Detinue <HI>for a Che&s;t of Writings</HI> 122</ITEM>
<ITEM><HI>Delivery to him, and another pleaded, and prayer of Garni&s;hment</HI> 123</ITEM>
<ITEM><HI>Declaration maintained, and a Con|dition traver&s;ed</HI> ibid.</ITEM>
<ITEM><HI>Di&s;&s;ei&s;in traver&s;ed</HI> 130</ITEM>
<ITEM><HI>Damages not a&s;&s;e&s;&s;ed, why</HI> 122</ITEM>
<ITEM><HI>Debt again&s;t the Heir in Gavelkinde upon a Bond</HI> 111</ITEM>
<ITEM><HI>Demurrer to a Bar in Prohibiti|on</HI> 147</ITEM>
<ITEM><HI>Demurrer to a ju&s;tification for ta|king a Colt as an E&s;tray</HI> 168</ITEM>
<ITEM><HI>Demurrer joyned</HI> ibid.</ITEM>
<ITEM><HI>Declarations &s;everall upon one Origi|nall in Tre&s;pa&s;&s;e again&s;t three per&s;ons</HI> 171</ITEM>
<ITEM><HI>Damage fea&s;ant</HI> 185</ITEM>
<ITEM><HI>Declaration of Tre&s;pa&s;&s;e of the Ca&s;e again&s;t a Carrier for lo&s;&s;e of goods delivered to him</HI> 193</ITEM>
<ITEM><HI>Declaration upon the Ca&s;e again&s;t a Clerk of the Kings Bench for ap|pearing and filing a Bail without warrant</HI> 194</ITEM>
</LIST>
<LIST>
<HEAD>E.</HEAD>
<ITEM><HI>ENtry of a Writ of Adjournment</HI> 42</ITEM>
<ITEM><HI>Election of the Tenant</HI> 59, 63</ITEM>
<ITEM>Elegit <HI>again&s;t a Sheriff, awarded to the Coroner</HI> 69</ITEM>
<ITEM><HI>Entry to di&s;train for a Rent-charge, and expul&s;ion by the Grantee for the Rever&s;ion a&s;&s;igned for breaches in C<GAP DESC="illegible" RESP="KEYERS" EXTENT="3 letters">nant</HI> 37</ITEM>
<ITEM><HI>Elopement, pleaded in Barr of Dow<GAP DESC="illegible" RESP="KEYERS" EXTENT="2 letters"></HI> 115</ITEM>
<ITEM><HI>Ejectment</HI> 124, 125, 127</ITEM>
<ITEM><HI>Ejectment, Plea to part, and not guilty to the re&s;t</HI> 125</ITEM>
<ITEM><HI>Entry in the</HI> Quibus, <HI>Declaration upon it</HI> 128</ITEM>
<ITEM><HI>Entry of a Warrant for a Guar|dian</HI> 157</ITEM>
<ITEM><HI>Exigent</HI> 229</ITEM>
<ITEM><HI>Returned</HI> ibid</ITEM>
<ITEM><HI>E&s;cape</HI> 230</ITEM>
</LIST>
<LIST>
<HEAD>F.</HEAD>
<ITEM><HI>FIne levied in antient Deme&s;ne, form of it</HI> 53</ITEM>
<ITEM><HI>Feoffment to u&s;es pleaded</HI> 137</ITEM>
</LIST>
<LIST>
<HEAD>G.</HEAD>
<ITEM><HI>GIft in tail pleaded</HI> 59</ITEM>
<ITEM><HI>Garni&s;hment prayed in a Writ of</HI> Detinue. 123</ITEM>
</LIST>
<LIST>
<HEAD>H.</HEAD>
<ITEM>HAbias Corpora 64</ITEM>
</LIST>
<LIST>
<HEAD>J.</HEAD>
<ITEM><HI>J&V;dgement of a Writ prayed</HI> 1</ITEM>
<ITEM><HI>Jury of twenty four in Attaint</HI> ibid.</ITEM>
<ITEM><HI>Jurors in Attaint</HI> 2</ITEM>
<ITEM><HI>I&s;&s;ue in Attaint</HI> ibid.</ITEM>
<ITEM><HI>Inquiry of Damages in Attaint</HI> 4</ITEM>
<ITEM><HI>Judgment in Attaint</HI> ibid.</ITEM>
<ITEM><HI>Judgment revoked</HI> 17</ITEM>
<ITEM><HI>I&s;&s;ue upon Traver&s;e of tenure</HI> 19, 23</ITEM>
<PB REF="151">
<ITEM><HI>I&s;&s;ue upon a Traver&s;e</HI> 24</ITEM>
<ITEM><HI>I&s;&s;ue in accompt after Auditors are a&s;&s;igned</HI> 46</ITEM>
<ITEM><HI>Judgment in accompt after i&s;&s;ue in the Countrey</HI> ibid.</ITEM>
<ITEM><HI>I&s;&s;ue taken that the Plaintiff was &s;eized within thirty years</HI> 60</ITEM>
<ITEM><HI>Judgment in debt,</HI> per defaltam 90</ITEM>
<ITEM><HI>Judgment,</HI> quod nil capiat per breve 106</ITEM>
<ITEM><HI>Imparlance</HI> 108</ITEM>
<ITEM><HI>Judgment for the Plaintiff</HI> 109</ITEM>
<ITEM><HI>Judgment prayed in a writ of Dower, becau&s;e the Demandant married after the la&s;t Continuance</HI> 117</ITEM>
<ITEM><HI>Judgment in Detinue for Corn</HI> 122</ITEM>
<ITEM><HI>I&s;&s;ue upon a Traver&s;e</HI> 123</ITEM>
<ITEM><HI>I&s;&s;ue</HI> &s;ur <HI>di&s;&s;ei&s;in</HI> 130</ITEM>
<ITEM><HI>Information again&s;t a Par&s;on for</HI> Non-re&s;idencie 130</ITEM>
<ITEM><HI>Information again&s;t a Recu&s;ant</HI> 132</ITEM>
<ITEM><HI>Information upon the Statute for u&s;ing a Trade, not being an Ap|prenti&s;e to it</HI> 133</ITEM>
<ITEM><HI>Information again&s;t Ingro&s;&s;ers,</HI> Scire facias, <HI>and Judgment upon it</HI> 134</ITEM>
<ITEM><HI>I&s;&s;ue upon a Traver&s;e in di&s;&s;ei&s;in</HI> 130</ITEM>
<ITEM><HI>Judgment upon</HI> Non &s;um informa|tus, <HI>and Inqui&s;ition awarded</HI> 155</ITEM>
<ITEM><HI>Ju&s;tification by rea&s;on of a Recovery in a Hundred Court</HI> 165</ITEM>
<ITEM><HI>Ju&s;tification for an amerciament in a Hundred Court</HI> 173</ITEM>
<ITEM><HI>Ju&s;tification for taking away Goods for Toll at a Fair, by the cu&s;tom of the Mannor</HI> 182, 178</ITEM>
<ITEM><HI>Ju&s;tification for an amerciament</HI> 180</ITEM>
<ITEM><HI>Ju&s;tification by vertue of a Recovery in a Writ of Right Clo&s;e in ancient Deme&s;ne</HI> 183</ITEM>
<ITEM><HI>Ju&s;tification in Tre&s;pa&s;&s;e for hunting of a Badger</HI> 191</ITEM>
<ITEM><HI>Judgment entred again&s;t a Sheriff</HI> 233</ITEM>
<ITEM><HI>Judgment for default in Tre&s;pa&s;&s;e</HI> 258</ITEM>
<ITEM><HI>Judgment again&s;t the Plaintiff when the Defendant did wage his Law</HI> 110</ITEM>
<ITEM><HI>Judgment in Replevin upon de|murrer</HI> 25</ITEM>
<ITEM><HI>Judgment in Detinue for Grain</HI> 122</ITEM>
<ITEM><HI>I&s;&s;ue upon Traver&s;e in wa&s;te</HI> 278</ITEM>
</LIST>
<LIST>
<HEAD>L.</HEAD>
<ITEM><HI>LE&s;&s;ee devi&s;eth</HI> 75</ITEM>
<ITEM><HI>Levying of a Plaint before the She|riff only</HI> 180</ITEM>
</LIST>
<LIST>
<HEAD>M.</HEAD>
<ITEM>MInas <HI>pleaded in Debt</HI> 82</ITEM>
</LIST>
<LIST>
<HEAD>N.</HEAD>
<ITEM>NOn e&s;t factum <HI>to an Acquit|tance pleaded</HI> 85</ITEM>
<ITEM>Non e&s;t factum <HI>pleaded</HI> 103</ITEM>
<ITEM>Non dampnifactus <HI>pleaded to a coun|terbond,</HI> 105 <HI>Again&s;t which, breach is alledged,</HI> ibid. <HI>To which payment is pleaded, and expen&s;es traver&s;ed</HI> 106</ITEM>
<ITEM>Non a&s;&s;ump&s;it 211</ITEM>
<ITEM>Non &s;um informatus <HI>pleaded in Dower</HI> 114</ITEM>
<ITEM><HI>Not guilty to part, and a Ju&s;tifica|on to the re&s;t</HI> 169</ITEM>
<ITEM><HI>Not guilty by a Commoner for over|charging the Common</HI> 170</ITEM>
<ITEM><HI>Not guilty,</HI> Non &s;um informatus, <HI>the</HI> Venire facias, <HI>and the Writ of Inquirie awarded.</HI> 187</ITEM>
</LIST>
<LIST>
<HEAD>O.</HEAD>
<ITEM><HI>OYer of the Record prayed by the twelve Jurors in Attaint</HI> 2</ITEM>
<ITEM><HI>Outlawry pleaded in Barr,</HI> 165</ITEM>
<ITEM><HI>To which the Plaintiff replies, that he was dwelling in another County when the Outlawry,</HI> &amp;c. ibid.</ITEM>
<ITEM><HI>Ordinary &s;ueth</HI> 171</ITEM>
<PB REF="152">
<ITEM><HI>Original writ out of the Chancery pro&s;ecuted</HI> 228</ITEM>
<ITEM><HI>Outlawry adjudged</HI> 229</ITEM>
</LIST>
<LIST>
<HEAD>P.</HEAD>
<ITEM><HI>PLea in abatement of a writ</HI> 1</ITEM>
<ITEM><HI>Pardon pleaded by the petty Jury in Attaint, again&s;t the Judgment</HI> quoad <HI>the King</HI> 4</ITEM>
<ITEM><HI>Pardon in attaint &s;hewed in court</HI> 5</ITEM>
<ITEM><HI>Plea in bar to a Declaration upon a Bond, that the Plaintiff hath razed the Bond and altered the &s;um</HI> 90</ITEM>
<ITEM><HI>Plea of the pre&s;cription of Stanneries confirmed by</HI> Ed. 1. <HI>to the Juri&s;|diction</HI> 93</ITEM>
<ITEM><HI>Precept to a Bayliff</HI> 108</ITEM>
<ITEM><HI>Precept to &s;ummon a Jury</HI> ibid.</ITEM>
<ITEM><HI>Plea in bar of Dower, that the wife was within age at the time of the death of the Baron</HI> 114</ITEM>
<ITEM><HI>Plea in abatement to a Declaration for words in&s;ignificant</HI> 111</ITEM>
<ITEM><HI>Plea of, ready to endow the Plaintiff, if &s;he will deliver a Box with Deeds, &amp;c. concerning the E&s;tate</HI> 120</ITEM>
<ITEM><HI>Plea in bar to an Action of forcible Entry</HI> 137</ITEM>
<ITEM><HI>Property claimed in Replevin</HI> 165</ITEM>
<ITEM><HI>Pardon pleaded after tryal</HI> 171</ITEM>
<ITEM><HI>Pre&s;cription to hunt pleaded in tre&s;|pa&s;s</HI> 172</ITEM>
<ITEM><HI>Pre&s;entment by a Jury at the She|riffs turn</HI> 181</ITEM>
<ITEM><HI>Pre&s;cription traver&s;ed</HI> ibid.</ITEM>
<ITEM><HI>Pre&s;cription for Market</HI> 182</ITEM>
<ITEM><HI>Pre&s;cription to di&s;train</HI> ibid.</ITEM>
<ITEM><HI>Prote&s;tation to pro&s;ecute in the na|ture of a writ of right clo&s;e in the nature of a&s;&s;i&s;e at common law</HI> 183</ITEM>
<ITEM>Plegii de pro&s;equendo ibid.</ITEM>
<ITEM><HI>Privation of a Prebend</HI> 7</ITEM>
<ITEM><HI>Pre&s;cription for common of Pa&s;ture pleaded</HI> 24</ITEM>
<ITEM><HI>Prayer in ayd of the tenant for term of years to him in Rever&s;ion</HI> 22</ITEM>
<ITEM><HI>Po&s;&s;e&s;&s;ion of Executors by vertue of a VVill pleaded</HI> 128</ITEM>
<ITEM><HI>Prohibition to the Court of Reque&s;ts, the Defendant being impleaded there for a &s;imple Contract of his Father in his life time</HI> 140</ITEM>
<ITEM><HI>Prohibition to be di&s;charged of tythes for a Lime-Kill</HI> 144</ITEM>
<ITEM><HI>Pre&s;cription to be di&s;charged of Tythes of Stones in a Quarry, and burnt into Lime, and of what|&s;oever Minerals digged out of the Earth</HI> 144</ITEM>
<ITEM><HI>Partition</HI> 147</ITEM>
<ITEM><HI>Partition betwixt Heirs in Gavel|kinde</HI> 150</ITEM>
<ITEM><HI>Partition between Joynt-tenants, where the part of the Plaintiff is onely &s;evered from the re&s;idue</HI> 151</ITEM>
<ITEM><HI>Plea by Baron not guilty, by Feme</HI> de &s;en tort 188</ITEM>
</LIST>
<LIST>
<HEAD>Q.</HEAD>
<ITEM><HI>Q&V;iet E&s;tate.</HI></ITEM>
</LIST>
<LIST>
<HEAD>R.</HEAD>
<ITEM><HI>REturn of the Record in attaint</HI> 3</ITEM>
<ITEM><HI>Replevin, Declaration upon it</HI> 16 17.</ITEM>
<ITEM><HI>Replication in Account</HI> 49</ITEM>
<ITEM><HI>Replication in Account</HI> 53</ITEM>
<ITEM><HI>Replication in Debt</HI> 83</ITEM>
<ITEM><HI>Rejoynder</HI> ibid.</ITEM>
<ITEM><HI>Relea&s;e pleaded after the la&s;t Conti|nuance</HI> 104</ITEM>
<ITEM><HI>Return of a Precept</HI> 108</ITEM>
<ITEM><HI>Re&s;pite until the next Court</HI> ibid.</ITEM>
<ITEM><HI>Replication by Demandant in Dower, that &s;he doth not detain Deeds in a Box</HI> 121</ITEM>
<PB REF="152">
<ITEM><HI>Replication to the Barr pleaded to a forcible entry</HI> 138</ITEM>
<ITEM><HI>Rejoynder in forcible entry</HI> 139</ITEM>
<ITEM><HI>Replication to an Avowry</HI> 158</ITEM>
<ITEM><HI>Replication,</HI> De propria acquiria &s;ua <HI>without that</HI> 170</ITEM>
<ITEM><HI>Recovery in ancient Deme&s;ne before Suitors</HI> 183</ITEM>
<ITEM><HI>Return of a Precept</HI> 184</ITEM>
<ITEM><HI>Rejoynder</HI> 185</ITEM>
<ITEM><HI>Re&s;cuing a Di&s;tre&s;&s;e taken for an Annuity</HI> ibid.</ITEM>
<ITEM><HI>Re&s;tauration,</HI> Ad liberam legem <HI>by the Kings pardon</HI> 5</ITEM>
<ITEM><HI>Re&s;ummons awarded in A&s;&s;ize</HI> 62</ITEM>
<ITEM><HI>Recognition of A&s;&s;ize</HI> 62</ITEM>
<ITEM><HI>Re&s;cue, Declaration in it</HI> 152</ITEM>
<ITEM><HI>Ravi&s;hment</HI> of Ward, <HI>Declaration in it</HI> 154</ITEM>
<ITEM><HI>Replevin in the</HI> Detinet, <HI>and</HI> Deti|nuit 156</ITEM>
<ITEM><HI>Re&s;cue, Plea of not guilty by one, and</HI> Non tenure <HI>by the other</HI> 153</ITEM>
<ITEM><HI>Return of the Sheriff in a Writ again&s;t Baron and Feme, that Feme was dead before the Writ purcha&s;ed</HI> 148</ITEM>
<ITEM><HI>Return of an Originall</HI> 228</ITEM>
</LIST>
<LIST>
<HEAD>S.</HEAD>
<ITEM>STat. 31 H. 8. cap. 73. <HI>for the re|covery of an Annuity pleaded</HI> 9</ITEM>
<ITEM>Scire facias 37</ITEM>
<ITEM>Scire facias <HI>returned</HI> 37</ITEM>
<ITEM>Super&s;edeas <HI>upon a Writ of</HI> Audita querela 41</ITEM>
<ITEM><HI>Sole-tenancy by one pleaded</HI> 62, 68</ITEM>
<ITEM><HI>Statute of &V;&s;es</HI> 72, 137</ITEM>
<ITEM><HI>Summons</HI> 229</ITEM>
</LIST>
<LIST>
<HEAD>T.</HEAD>
<ITEM><HI>TRaver&s;e that the Grantee was not Prebend at the time of the Grant, and i&s;&s;ue thereupon</HI> 8</ITEM>
<ITEM><HI>Traver&s;e of a return in Socage</HI> 19</ITEM>
<ITEM><HI>Traver&s;e of a tenure in Socage</HI> 24</ITEM>
<ITEM><HI>Title by di&s;cent in Fee pleaded</HI> 60</ITEM>
<ITEM><HI>Tenements are in another Village, and if,</HI> &amp;c. <HI>then no wrong to the Plaintiff</HI> 63</ITEM>
<ITEM><HI>Tenants, two come in by Attorny, and the re&s;t confe&s;&s;e the Action</HI> 112</ITEM>
<ITEM><HI>Tenant pleads relea&s;e with warran|ty, and the Voucher acknowledgeth the Deed of his Father, and pleads nothing by de&s;cent</HI> 119</ITEM>
<ITEM><HI>Traver&s;e in forcible entry</HI> 138</ITEM>
<ITEM><HI>Traver&s;e of a Di&s;&s;ei&s;in</HI> 139</ITEM>
<ITEM><HI>Tender of amends is pleaded in a Re|plevin</HI> 156</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e, the Defendant demands Judgment of the Writ being &s;ued in the</HI> Cinque-Ports 159</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e, the Defendant pleads, the Plaintiff is within age, and &s;hould have brought his Action by Guar|dian, and not by Attorney</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;s for &s;everall tre&s;pa&s;&s;es with a</HI> Continuando 160</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for taking away an Heir in the life of his Father,</HI> 161</ITEM>
<ITEM><HI>For taking away an Heir from a Guardian</HI> 161</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for taking away a pri&s;oner, to which the Defendant pleads, he took him as a Wanderer</HI> 161</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for &s;everall tre&s;pa&s;&s;es at &s;e|verall days</HI> 161</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for pa&s;turing of Sheep in a rotten pa&s;ture, where they died</HI> 162</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for fi&s;hing, and breaking a Pond</HI> 162</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for drawing a Cart with Hor&s;es over the Plaintiff</HI> 162</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for taking away Pigeons</HI> ib.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for erecting a Hou&s;e &s;o neer that the Plaintiffs Timber became rotten</HI> 163</ITEM>
<PB REF="153">
<ITEM><HI>Tre&s;pa&s;&s;e for putting Dirt &s;o neer the door, that the Plaintiff could not go out</HI> 16<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter"></ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for drowning the Plaintiffs Corn</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for drowning of a Mea|dow</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for overflowing a Common with water</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for taking away Phea|&s;ants</HI> 164</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for breaking a Clo&s;e, and con&s;uming the Gra&s;&s;e</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for breaking the Hou&s;e of an Admini&s;trator, and taking away Cattell</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for digging in a Myne, and carrying away Ore</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for impri&s;onment</HI> 165</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for taking a Colt, and fet|tering of him in the Pound</HI> 166</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for taking away an Ap|prentice</HI> 172</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for breaking a Pipe of wine</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for cha&s;ing in a free War|ren</HI> 172</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for cha&s;ing of Hoggs that they died</HI> 172</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for breaking a Clo&s;e, and mowing of Gra&s;&s;e, and cutting of Corn</HI> 173</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for taking away of Pales</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for keeping of a Dog which u&s;ed to bite Sheep</HI> 180</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for breaking a dead hedge</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for plucking up Ro&s;emary and Lavander</HI> 181</ITEM>
<ITEM><HI>Traver&s;e of a Recovery</HI> 185</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e removed by an</HI> Accedas ad curiam 187</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for an Admini&s;trator</HI> ib.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e and A&s;&s;ault brought by a Vicar for hindring of him in car|rying away tythes</HI> 189</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for re&s;cuing a Herriot &s;eized</HI> 180</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for taking a Colt being a &s;tray, belonging to the Keeper of the Hundred</HI> 190</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e in a Warren, for taking away Conies and Partridges</HI> ibid.</ITEM>
<ITEM><HI>Tre&s;pa&s;&s;e for hindring the Plaintiff for taking the profit of a Steward|&s;hip</HI> 192</ITEM>
<ITEM><HI>Trover for an Admini&s;trator for Goods lo&s;t in the life-time of the Te&s;tator</HI> 257</ITEM>
</LIST>
<LIST>
<HEAD>V.</HEAD>
<ITEM><HI>VErdict in Attaint</HI> 4</ITEM>
<ITEM><HI>Verdict for the Plaintiff</HI> 109</ITEM>
<ITEM><HI>Voucher in Dower, and Judgement again&s;t the Tenant, for default of Vouchee</HI> 118</ITEM>
<ITEM><HI>Voucher to warranty</HI> 119</ITEM>
<ITEM>Venire fac. <HI>into two Countreys</HI> 174</ITEM>
<ITEM><HI>Village held of the King in Fee|farm</HI> 181</ITEM>
</LIST>
<LIST>
<HEAD>W.</HEAD>
<ITEM><HI>WRit of Right to the Kings Bailiffs</HI> 15</ITEM>
<ITEM><HI>Warrant of Attorney for the Plain|tiff</HI> 110</ITEM>
<ITEM><HI>Warranty of a Deed</HI> 171</ITEM>
<ITEM><HI>Wa&s;te brought again&s;t Tenant for years</HI> 272</ITEM>
<ITEM><HI>Wa&s;te by the Heir in tail again&s;t Tenant for life</HI> 273</ITEM>
<ITEM><HI>Wa&s;te, none committed pleaded</HI> 275</ITEM>
<ITEM><HI>Wa&s;te, the Defendant pleads by pro|te&s;tation, no wa&s;te for Plea that the Plaintiff hath nothing in Re|ver&s;ion</HI>
<PB REF="153">276</ITEM>
<ITEM><HI>Wa&s;te again&s;t Tenant in Dower</HI> ib.</ITEM>
<ITEM><HI>Wa&s;te, the Defendant pleads no wa&s;te to part &s;pecially, to the re&s;idue not guilty</HI> 277, 278</ITEM>
<ITEM><HI>Wa&s;te, Replication and Traver&s;e of what the Defendant pleaded</HI> ibid.</ITEM>
<ITEM><HI>Wa&s;te, I&s;&s;ue upon a Traver&s;e</HI> ibid.</ITEM>
<ITEM><HI>Wa&s;te again&s;t a Tenant for years by a purcha&s;or of the Rever&s;ion</HI> 279</ITEM>
<ITEM><HI>Wa&s;te permi&s;&s;ive, an A&s;&s;ignment of it</HI> 280</ITEM>
<ITEM><HI>Wa&s;te, none for Plea, and to the re&s;t, that the Defendant bought the trees before the grant of the Re|ver&s;ion</HI> 280</ITEM>
<ITEM><HI>Wa&s;te, I&s;&s;ue, Verdict, Judgment and treble damages</HI> 281, 282, 283</ITEM>
<ITEM><HI>Wa&s;te after a Fine levied</HI> 283</ITEM>
<ITEM><HI>Wa&s;te by Grantee of the Rever&s;ion again&s;t one who had a Lea&s;e by Devi&s;e.</HI> 286</ITEM>
</LIST>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
