UNIVERSITY ^ OF CALIFORNIA M LOS ANGELES I SCHOOL OF LAW LIBRARY COLLECTION MODERN ENTRIES: OR SELECT PLEADINGS IN THE Courts of KING'S BENCH, COMMON PLEAS, and E X C H E QJJ E R, viz. Declarations, Pleas in Abatement and in Bar, Replications, Rejoinders, c^r." Demurrers, Iflues, Verdifts, Judgments, Forms of making up Records of A'z/ prius, and Entering of Judgments, i^c. in moll Aftions. Many of them drawn or perufed by Mr. Broderick, Carthew, Comyns, Dar- ke l. Holt, Lrvinz. Lutv/iche, North ey, Parker, Pembert on, PEj:cr.LLY, PoLLEXFEN, Raymond, Salkeld, Saunders, Thom- son, Trevor, Wearge, and other learned Counfel. A S A L S O, ..pecial Aflignments of ERRORS, and Writs and Pfocecdirgs thereupon both in the faid Courts and in Parliament. WITH The Method of fuing to and reverfing. O UT L A W R I ES by WRIT of E R R O R or otherwife. TO wnicn IS AODEn, A Colleaion of W RI TS in moft Cafes now in Praaice. With Two TABLES, one of the NAMES of the CASES, and the other cf the PLEADINGS and WRITS. By JOHN LILLY, Gen t. THE SIXTH EDITION, IN TWO VOLUMES. V o r>. L DUBLIN: PRINTED POR MESSRS. KURNETT, WOCAN, T^YRN'E, J. MOORF., SLEATElk,' LYNCH, m'KENXIE, GRUEHER, J.JONES, J. RICE, W. JONXT, R. VVlIITli, WATT S. m'aT.M ST ER, AND P. MOORE. M'CCC.^lCIi. CO [ y J PREFACE T O T H E FIRST EDITION. < ^"l^HE greateft part of the following ' J. colledion of Precedents, as alfo the ' Writs, were intended by Mr. Lilly, ' late Principal of Clifford's Inn, in his iife- ' time, to have been publilhed ihe being * concerned in moft of the caufes, whereof ' the Entries and Precedents are here col- ' ieded.) The addition fince his time is * done by a careful and judicius hand-, they ' are truly modern, being drawn and ufed ' in the reign cf king William and queen ' Mary, queen Ann, and many of them in * his prefent majefty's reign, and drawn by ' the moft eminent men in ihofe reigns:, ' many of whom are now living. ' In tliis colledion particular care hap ' been taken to examine them with ♦'^^^^ ' originals, and to give an acount y'^'^ '''* ' T T * ' the confequence of the pleadiKi'^' ^ ^^^ '■ arc added proper reference? -<^ books, that ^ ^ ^ ' treat 7(^^o^^ ▼ill 'A Tahk of the Names of the Cafes', Carter ard Mogg, Page 9 Child ^jg«.'«/? Hou*e, 132 Chinnel and Sparjces, 495 Chitv.-ell againjl\^'\z\\\cy^ i^ Cliilwell <7^(7;wy? Browne. 103 ClanricarJ (LorJ.) and Fitzgerald, 2^7 Clarke ^[i^ain/I Atton, 165 C'ark, one, Es^r. and Chauncry, 74 Ciarke /?;7^ iVinftcrs and others, 517 Clarke and the mqyor of Guildford, 1 09 Clay a! the fiat. o/'Bonhani, lOj Clitheroa/;.-/ Franklyn, 92,523 Colepepyr, bart, /^'g<7l njt Tooki, 17 Collet, knt. againj} Lloyd, 32S Collins rq.ihi/i Ford, ■ 66 Compton, knt. ogainjl the earl of Kl- riare, 514 Cooper, bart, «•:,/ St. John, ei'q; 64 Coote and Lynch. 225, 27 1 Couhhurft (It the ft'.! t of Wootori, 498 Courfey, erq;(7«(^/ Compton, knt, 2i, 226 Coventry (mayor of) ogiinfl Palmer, 48 Crawley rtH^ Holloway, 144 Crefwick nWTruebody, 367 Crcmp (tnd ■ 9 Cro(re<7^//nf/?B!iron, 351 CrofTe and Croffe, 461 CrofTe and Lewis, 4S4 Croxhall,yf. ngalnfl the inhabitants of the hundred of Hemlingford, 295 ,514 Curfon againjl Faunr, 168 Cuttinz and Williams, 227 D. Dade rtf /''?f/n7o/Bickford, 7 Dalby ai the fuit c/Lady Holies, 1 1 5 Daniel fl^rt/w/? Crogall, He. 359 Darrell td Cotton, Etterick at t/ie fuil of F^Wow, F. Farmer cgainil the bail of Ryves, Farmer againfl Ros'ers, Farnaby againfl Reeves and others, Farrington and Lenthall, Fawcett againfl Chiipnian, Fellow again ji Harpur, ^c. Fuller againjl VVigsr, l^c. Ford againfl Taylor, i^c. Fofier, fiff . «V«/r/? Kair, Fovergne againfl Hampfon', Fowler at the fuit o/'Tappenden, Fox againjl King, i^c. Frampton and Nourfe, Freake, i^c. againjl Htfkst, Frith a«^ Henley, Frith and Herd, 1 Frith and Kemp and other*, Frogat flWK/Marryot, Fuller <7/ the fuit of Dovce^ Page- 34 ibid. 41 463 290 43 36 5"5 229 476 39? 425 '53 476 205 520 325 5^4 474 232 3 5»7 24 178 8 378 Gage, efq; figainjl Aflon, widow, Ifa . . . . ^^3 Gardner and his wife awJ Pickering, Garlick and GanrleT, Gawler and Elliot, Gibfon and Onfnam, Goddard againjl Fowie, Graham and Harrod, Gratton, i^c. and Leeds, Green and Alchorne, Green, i^c. againfl Waller, Grice /vn-y Leigh, Grindall againjl LeightOD, Hackett /?j^^/'_y? Tilly 160 Hackett at the fuit 0/ Glover, 38 Hal! and Stanley ig Haifey agair.jl Hope, 303 Hammer and his wi'.e <7n Morgan and another, 14 Palgrave, barr. and Windham efq; 46 Palmer rt?;.'/ Trevor, 441 Parker er, t>oge 172,504 Renault and Grahnm, Reynohis againft Seymour, Rofewell '•gainfi I'rior, s. Sandes and Lloyd, Sounders againft Hanfl.ipc, Saunders ^<«^/Uwen, 236 23' 5,6 447 278 Saunders, Gk\i againft iht fiieriffof Mid- dlefex, Sayle/7Wi3' Frank, Scawen rt^j^V Garret, Scot againft Burirefs, Scras ond Harris, Shearman ff^/7rr// \Vrighfj Sheeres againft Pouieroy, Shifii and Keech, Short, yr. rtr7,/Beetham, Sib!on againfl Aikinfon, Silverlock «w^/ Thompfon, Slate an i Freeman, Smith agair/l Crawford, efq; Smith againft Kngland, l^c. Smith againft Farmer, Smith and Harmer, Smith againft Povev, Sparrow agninft Dunch, Isic, Spiller /7'7(-/ Antlrew, Startup ant Dotideridge, Stationers Conipany and Hunt, Stationers Company and Tooke, Stationers Company agninft iVIarlow, 63 Stephens, \£c. aigairjt Wickham, ^c. 65 Stone and Gu\{[onf a6i Strode <7?t^ Palmer, ^48 Suell ^g^zn/} the tcrtenantsof the earl of 37 62 3 4H 470 54 230 38 393 5'5 107 486 187 442 192,515 492 164 516 189 19 153 4 T. Anglefey, Tallant and Jermyn, Tanner at the fuit o/B!ifle, Tawdin and L.avie, Taylor, ^r. and Ford, Tebutt (it the fuit of Powhy Terrev /?"<-/ Duvall, Terry, y^. rtVv/Pa'je, &'r. Thornby ogainft Fleet v/ood, Thruftout and PvCyner, Tindall and Wood, Tirrell againft Sedgwick, 384 509 475 247 498 166 30 524 397 . ^^ Tirrey A fabU of the Names of the Cafes] Tirrey nnd Duvall, Titus, efq; aga'injt Parkins, knt. Tcmkins againft Robartes, Tcoler ngninft Archer, Tone, widow, (7^,^ Theobald, Town fend and Laurence, Turner andTurntr, Twitty /7r//Houlder, Twitty arvi Bell againjt Morley, Unaeriiill againft Durham, Vymer ugainft Holborowe, Vynal /jrz^Harman, W. Walker againft Towerfey, ^c. Wall againft Town, Wallbankrtwrf'nucknall, ^c. Wallcot /i«i/ Dillon, Wanley againft Lord, ^c. Wzmer again fi Riddall, Warton, knt. r7'7<^ Combes, y g~ land, and to his fame enemy adhering, and came into the king- dom of Er^/^w^ witho\:t the fafe condi:ft of the 'aid Lord the IC^ The paping 'if this edition i« m«'1c to coruTpond with tliat 'fthe for- mer edition', by pointing out the cnmmrncemct.t i f each pag in the mirf^in. The pacing is illo continued 2t thj corner for the purpofc of more convenieat reference*. Vol. I. B King: rj Abatement. King: Anil this lie is ready to verify: Wherefore he prays judgment if the faid Ediuard to his bill aforefaiJ ought to be aiil'w'ercd,C2'f. mil Hall, Plea. Coverture. Piaa. Ret^. ! Salk. 7. 8. 6 Mud. 133. Replicaticn. I 2 ] •Travel fe. Htjoinder, Iffue. Mlfnorne/ of addition of the degree, 4 Mod. 47. Brackley and Stanton. AN D the faid Sarah in her proper perfon comes and prays judgment of the bill of the faid /^/ ////?;« a fore faid, becaufe ilie fays, that \\\z the fame Sarah&i the time of the exhibition of the bill oi the hid M'^iili am agamft the faid Snra/i was covert with one J'/in U^t/t then and yet her hufbind, and living, to wit, at Ijlington aforefaid in the county aforeCiid : And this the fame Sarah is ready to verify : Wherefore becaufe the fair! 'John IVeJl is not named in the bill aforefaid, the fame Sarah prays judgment of the bill aforefaid, and that that bill may be quafhed. And the faid plaintiff fays, that by yny thing by the faid Sarah above by pleadin^^ alledged, the faid bill of him the faid IVilUam now filed ou^ht not to be quafhed, becaufe he favs that the faid Sarah at the faid rime of the exhibiiion of the bill aforef:iid, to wit, 23d day of Ocloler in the tenth year of the reign of the faid now Lord the King, to wit, at Ijlington aforefaid in the county aforefaid, wasfole \ without that, that the faid Sarah, at the faid lime of the exhibition of the bill aforefaid of the plaintiff aforefaid or ever after, was covert of the faid J. W. her hufband, in man- ner and form as the fame Sarah above by pleading hath alledged. And this he is ready to verify : Wherefore he prays judgment and his debt aforefaid, together with his damages by reafon of the detention of that debt to be adjudged to him,yf. And the faid Sarah as before fays, that flie the fame Sarah at the time of the exhibition of the faid bill was covert, of the faid J. W. her hufband, in manner and form as the fame Samk above by pleading hath alledged: And of this fhe puts herfelf on the country. And the faid plaintilTlikewife, ISc. Therefore let a jury thereof come, ^c. Levett and The College of Phyjicians, London. AND the faid Ilerry Le'vett, by R. S. his attorney, comes and prays judgment of the bill aforefaid, becaufe he fays, that he the faid /tenry, lon^ before the exhibition of the bill afore- faid, as alfo'.he fame day of the exhibition thereof, was and yet is a Doftor of phyfuk in due manner made bv the univerfity of Oxhrd, to wit, at London aforefaid, in the pariili and ward afore- "fatd : Wherefore for that the fame Henry is not named Do£tor of phyficjc in the bill aforefaid, he prays judgment of the faid bill, ijiod that that bill may be quailied, ^c. AND "W: Abatement. 2 AND tlie faid T. C. by Joh^ Lilly his attorney, comes and Abatement, defends the force and iniurv, ^c. and prays oyer of the Thatdetendant ,,. r r -J 1 •. • 1 . 1 • • ►!, r j r<:aled the bond vruing obiigatorv atorelaid, and it is read to nun ;n thele words, x^^^^^y with to wit, Know all men by thefe prefents, ^"r. which being read £ F.^ndG.H, and heard, the fame T. C pravs judgment of the declaration who are not aforefaid, becaufe he fays that at the faid time of the fealing and ^^^'^' cieiiverv of the writing obligatory aforefaid, whereon the faid plaintiff againft him the defendant cornplains, to wit, on the faid third day of Mayin the eleventh year of the reign, U'c. in the declaration aforefaid abovementioned, at Leixjes aforefaid in the courlty aforefaid, the faid E. F. and G. H. in the writing obligato- ry aforefaid named did likewiie feal and deliver the writing obli- gatory aforefaid as the aft and deed ot thtm the faid E. F. and G. H. to the faid plaintiff, and became firmly bound to the faid plaintiff jointly with the faid defendant by the fame writing obli- gatory in the faid loo/. which faid E. F. and G. H. are yet fur- viving and living, to wit, at Leives aforefud in the county afore- faid : And this he is ready to verify : Wherefore for that the faid E. F. and G. H. are not named defendants together with the faid defendant in the declaration aforefaid mentionetl, the fame defen- dant pravs judgment of the declaration aforefaid, and that that declaration may be quaihed, l^c. MoJler and Ified. AND the faid 'Thomas^ in liis proper perfon, comes and de- Another aftioa fends the force and injury, ^c. and prays judgment of the pending in the bill aforefaid, becaufe he fays, that he the fame John in the court '""|^ '^""'■'• of the faid Lady the Queen now here otherwife, to wit, in Eajler Pf^a. Reg. T,' term lail paft brought his writ againfl: the faid T/^pOT^y in theplea 5C0. 6i. aforefaid ; and thereupon the fame Joy??/ declarinfr againft him the £alk.. S. faid J h-itnas by the nixn'i qII h:>mai ljUd\^\z ofi ^ ondon, Gent, then and there appearing at the fuit of the I'aid John in the faid plea complained. That whereas the faid John Mollerx\\^ firft day of April in the year of our Lord 1701, at Londjn, in the pariHi of St. M(iry-le-l'(rw in the ward o'iCheape, was poff^-ffed Oi divers poods and chattels, to wit, of tv.-o butts of fpirits of v.-ine called brandy, to the value of 1 ^o/. as of his proper goods and chattels, and fo thereof being pofllffed ihe goods and chattels aforefiid out of his hands and poflLffion cafually Uft, which faid goods and chattels afterwards, to wit, the fame firfl: day of April in the year of our Lord 1701 aforelaid, at Lmdm aforefaid, in the parilh and ward aforefaid, to the hands and poff-ffion of the faid Thomas by finding came ; neverthelcfs the faid Thomas knowing the goods an I chattels aforefaid to be the proper goods and chattels ot the faid John :Vhller, and to him the faid John MoHer of right to be- long and appertain, but contriving and tradulenily intending him the faid John Moller of thofe gc.ods and chattels craftily and fubtiily to deceive and defrautl> day oi No-vemher in the fixth year of the reign of the King an(i Qiiten abdvelaid, s' IVejiminlhr aforefaid in the faici county ot Mi/!dlr'fi:K!, to the faid J hn Hull chief jultice aforclaid in due form of law was delivered in form of law to be executed ; which faid Jo/in Holt chief juftice aforefaid, the faid writ to correal error aforefaid into the faid chamber of Exchequer as yet hath not returned, and no- T A 1 thing; therein done : Ard this he is ready to verify : Wherefore he prays judgment if he the faid Charles ought to be compelled to anfwer to the faid writ nH fiire facias of the faid Charles tiourfe^ - pending the faid writ of error undetermined, Ifc. Hoare and Clarke, Mldd' to v;lt. '^OSf^.PH Clarke complains of JJin Hoare in the fc/ cudo'yof Rjbert Davers, Bart, high fteward ofthe liberty of Si- EdmunJs Burji irj the county aforefaid, in a plea that he render to him too/, (fo declares in debt upon a judgment) : And therefore he pro luces .h'- fuit, ^c. _ .^ ._ And the faid John, by Jjhn AlLn his attorney, comes and de- Co"of™e^''' fends the force and injury, and fays that the liberty of 5t. Ed- county. mui ds Bury is, and from time immemorial was, in the county of Sujfolky and not in the county oi Middle/ex, as by the bill of the faid lofeph Clarke above is fuppofed : And this he is ready to ve- rify : Wherefore he prays judgment if the faid Jjhn Hoare ought to anfwer to the bill ofthe faid Jofeph Clarke, Iffc. Affidavit ac- L- S. Gefit. ?naket'i oalh, that the ///^t-r/y o/St. Fdmonds Bury coiHine to as this deponent is credibly inarmed and verily helieves, is in 4 -dnn, ^f^g county of -uffolk, and not in the county of Middlefex, as the plaintiff by the declaratim hereunto annexed haih al- ledged. L- S. G'irdner and his wife and Pickering, Plea that the A ^ ^ ^^^ ^^'^ Michael and Elizabeth, by A. F. their attor- marriago was £^ ney, come and defend the force and injury, and pray jung- not folcmnizcd ,p^p( ofthe faid writ ofthe faid Margaret, becaufe they fay that according to ^^^ ^^^^ ^^ ^^^ impetration of the faid writ original of the faid theChaTcK^ M'fparet, to wit, 23 j^wwrt-:?' in the io:h year of the reign of of EiiRhnJ. the now Lady the Queen, the marriage between the faid Michael Silk. 8. and Elizibeth was not folemniy.ed according to the ecclefiaftical law of this kingdom of Great Britain : And this they are rtady to verify : Wherefore they pray judgment of that v/rit, and that that writ may be quaflied, ore. 7. Pevgelly. The A Abatement. ^ The Company of Stationers and Tooke, ND thefaid Benjamin by N. H. his attorney comes, and f;J^-"^°™'^'/;j^ j^ j^ the fame Benjamin defends the force and injury, &c. and ^„r,,„ration. prays judgment of the bill aforefaid, becaufe he fays that the faid galk- 8. plaintirfs are named and calleii The mafter and keepers or wardens P. aft, Reg, and commonalty of the inyfteiy or art of Stationers of the city of '^9t London, and by the fame name and title were always named and called ; without that, that they are named and called The maf- ter and keepers, or wardens and commonalty of the myflery and art of ftationers of the city of U>uIon, as by the bill above is fuppofe i : And. this he is ready to verify. Wherefore he prays judgment of the bill aforefaid, and that that bill may be qualhed, &c. And the faid mafter and keepers, or wardens and commonalty Demurrer. ^ of the myftery (a) or art of ftationers of the city oi London fay, (<:■) [r^'^"*-, that by any thing by thefaid B^;i/,/»2;>z above by pleading alledged, S'^a '^ IJtvex the bill of the faij mafter and kerpers, or wardens and commo- nalty of the myftery (ti) or art of ftationers of the city cf Lon- don, ought not to be quaflied, becaufe thty fay, that the plea aforefaid by the faid Benjamin in manner and form aforefaid above pleaded, and the matter in the fame contained, are not fufficient in law to quafK the bill of the faid mafter and keepers, or wardens and commonalty of the myftery or art of ftationers of the city of London, to which faid plea they the fame mafter and keepers, or wardens and commonalty of the myftery (a) or art of ftationers of the city of London, have no neceflity, nor are by the law of the land bound any way to anfwer: And this they are ready to verify: Wherefore for want of a fufficient anfwer in this behalf, they the fame mafter and keepers, or wardens and commonalty of the myf- tery (a) or ar:t?of- ftationers of the city of London, pray judg- ment, and that the bill aforefaid of the faid tnafter and keepers, or wardens and commonalty ot the myftery (a) or art of ftation- ers of the city of London, may be a'.'.judged as good, and that the faid Benjamin to that bill may anfwer, l^c. And the laid Benjamin fays that the plea aforefaid by the faid Joinder; Benjamin in manner and form aforefaid above pleaded, and the matter in the faaie contained, are good and fufficient in law to quafti the faid bill of the faid mafter and keepers, or wardens and commonalty of the myftery or art of ftationers of the city of I on- don : Which faid plea, and the matter therein contained, he the faid Benjamin is ready to verity and prove, as the couit.^r. And becaufe the faid mafter and keepers, or wardens and commonahy of the myftery or art of ftationers of the city of London to the plea aforefaid do not anfwer, nor the fame hitherto any way deny, he the faid 5fn/V/OT/«, as before, prays judgment ot the bill aforefaid, r ,. i and that that bill may be quailicd : But becaufe the court of the <-. ,. •' ^ .,.,,.. -^ ', 1 •/- 1 • 1 • Continuance* laid Lady the Queen now here are not yet anviied to give their g^n^ -g- judgment of and upon the prcmifTcs, day is given to the faid par- j^^, lies before the Lady ihe Qiieen at IF'eJimin/ler until Saturday next after the Odaveoi the purification of the blefttd virgin Mary B 4 10 o Abatement. R r*,' J ^o hear tlieir jui^gmcnt of and upon the premifils aforefaid, te" eujter" '"' cau'e thccourt ot the faid Lady ilie Queen now here thereof no^ Ptaa.' Reg. I. vet, ^c. Ai which day bctore the Lady the Queen at JVeJ}min- V7ercompa.s well the faid inafter and keepers or wardens and comnionaltv of the niyft'.ry or art of ftationers of the ciiv o\ Lon- don aforefaid, as the faid Bt-njamin bv rbeir attornies aforefaid : Whereupon all and finguhr the preniifTes being feen, and by the court of the faid Lady the Queen now here more tuHy underllood, and mature deliberation being thereon had, becaufe it feenis to the cour; of the faid Lady the Queen now here, that the faid pica bv the faid Btnjanun in manner an I for(n aforefaid above pleaded, and the matter in the fame contained, are not fufT.cient in law ro quaHi the bill of the faid mailer and keepers or wardens and coni- monaltv of the myftery or art of ft;«tioners of the city of London aforefaid : Therelorc it is confidered that the faid Benjnmin di farther anfwer to the fame bill, l^c. And upon this the faid Ben- jamin by his attorney afore 'aid comes and defends the torce and injury, when, i^r. And prays oyer of the writing aforefaid, and to him it i> read, ^c. And pleads in bar. Broiizhton Bart. Abatement ; AND the faid John Brou^hton by J. L. his attorney comes for that the J^ ^^^^ defends the force and injury, tifc and prays judgment Baro"nctrnot* '^'^ t'^^ writ aforefaid, becaufe he fays,' that the faid_ Ju/.n, at the Knight and time of the impetrvition of the original writ aforefaid, and from Baronet. thence continually afterwards hitherto was and yet is a Bart, only, Praa.Reg.2.3. and not a Knt. and Bart, without thar, that the faid John Broug^h- Salk. 50. 6. ^^^ ^^^. j^^^^ ^j jl^g ^^y QJTjj^g impetraiion of the original writ afore- faid was a Knt. and Bart, as by the faid writ above is fuppofed : And this the faid 7t/7« is ready to verify: Wherefore he prays judgment of the writ afoj-cfaid, and that that writ may be qualhed, b'r. Frith and Herd. Plei, that the defendants are AND the faid Rihett by J. L. his attorney comes and dc- fcn Is the force an 1 injury, l^c. and fays, that the faid John 'n'd'not °" °' ^'■'^> th<^ ^'^'^ '^'^y of Dicemf'er in the year of our Lord 1694., at tor,.""' "''^**" Lonj'on atorcfaid in the pariili and ward aforefaid, died intcltatc, Salk. iq6. 3, aftv-'r whofe death adminilVation of all and finc;ularjhe goods and Praft. Rig. 7. chattels, rights and credits which were the faid J;/.n !i<:rd\ at the time of his death, by Chr,Us Ht^.'gcs Knt. dndnr^of lav.-s, of the reverend father in Chrifl: Henry by divine permiinon Lord biihop of London in the parts of Effex and Hertford commilTary and fcqueftrator genera! lawfully coniVituted, towhom the coni- in"fiion of the adminiilration aforefVid did of right belong, the eighth dayof the month of Fel>>■ua>y\r^ the year cf our Lord 4694, at London aforefaid in the pariili and ward aforefaid, to the laiii.2 R:bsrt Hztd'ia. due fonxj of Uv/ was coaiiiaLted i in which cafe XH<6 Abatement, 1 $ the laid EJivan! &ni Margaret ought to name the laid Roler Berd adminiftrator of the goods and chattels of the faid John Herd, and not executor of the (eftamentof the faid John Herd: And this he is ready to veiify : Wherefore he prays judgcncnl of the bill aforefaid, and that that bill may be quallisd, <^c. Ncxi'come and Bamhridge. AND the faid Richard by 7. H. his attorney conies and de- gy fajfe £«. x\. tends the force and injury, n jahnnrii ant Salk. 46l« Juocerto attorn executor^ 'Vel adminifiralor fuis ad quani quidtin jo~ lutionem bene K^ Ji deli t' facie nd' obligo me heredes executor ^ admi- ni/frator' mcoi firtnit^ per prefentes ftgillo mecjigillat^ dat' decims die Deccnib' anno regni Domini noliri ] z.co\i\ fecundi Dei gra' Anglis; Scot' Franc' l^ Hibern' R^gisfidei defenf, aforefaid admi'ted, to have and to hold to him as his freehold for the term of his life, according to the cuftom of the faid court of the faid late King and Queen at all times then part ufed and approved, and inftantly the faid James Woodhoufe as well the oath of his fealty to the faid late King and Queen according to the form of the ftatute in that cafe made and provided, as the corporal oath from thenceforth well and faithfully to bear and behave himfelf in the fame office, by him firft taken as Abatement, as was accuftomed, into the corporal poflefTion of the fame office, put and inftituted, to hold, occupy and have the fame in form aforefaid, with the fees, wages and profits to the fame office belonging and anciently due and accuftomed, ^c. as by the re- cord ot die faid grant and admiffion in the court of the now Lord the King before the King himfelf now remaining manifellily ap- pears ; by virtue of which grant and admilllon he the faid Jiwits was filazer of the faid court of the faid King and Queen before the King and Queen themfelves, and at the day of the in;petration of the original writ aforefaid was and yer is filaztr of the faid court of the faid Lord the King before the King himfelf, as is afore- faid. And the faid James farther fays, that from time immemo- rial fuch filacers of the fame court of the faid Lord the King here according to the cullomof the fame court from the whoie time aforefaid hitherto ufed and approved in the fame court only, have been accuftomed and ought to be impleaded in all pleas perfonai at the fuir of any fubjeft of the faid Lord the King and his prede- celfors Kings and Queens of this realm, by bill in the court of the faid now Lord the King before the king himfelf exhibited againll fuch filazers prefent to the fame court in proper perfon j And this he is ready to verify : Wherefore he prays judgment if the court of the Lord the King here will or ought to take farther cognizance of the faid plea againft him the faid JameSf Uc. Edzv, IVhi takers 16 r 7 1 Brown and Deelk. AN D now at this day, to wit, Wednejday next after i 5 days of Enfter this fame term, to which day the faid Hierom, faving to himfelf all and all manner of exceptions as to the bill aforefaid of the faid Edivardy had licence to imparl to the faid bill and then to anfwer, l^c. before which day the Lady Queen Miiry died, before the faid Lord the King at VVefiminflcr comes as wcli the faid Ed'wnrd, by his attorney aforefaid, as the faid Hierom by R. S. his attorney ; and the faid Hierom defends the force and injury, Cffr. and fays, that he the faid Hierom ought not to be compelled to anfwer to the bill atorefaid, becaufe he fays, that the faid £Ai;^r^otherwife, to wit, in Trinity term laft part, in the court of the now Lord the King and of the late Lady Queen Mary of the Bench impleaded the fame Hierovi in a certain plea of trcfpafs on the cafe, and for the fame caufc in the declara- tion aforefaid abovementioned, as by the record thereof in the f-me court remaining appears; and that the parties aforefaid to and in the plea in the faid court of Bench, and the faid Ednxiard Broiun now plaintiff, and he the faid Hierom Dceble^ are the fame perfons and not other nor divers, and that the plea afore- faid in the faid court of Bench yet remains undetermined : And this he is ready to verify ; Wherefore he prays judgment if he ought to be ccmpolled to anfv/er ta the faid bill, l£<:. And Special fmpar* iancc> Demi re of Q. Mary, Plea, Another adlion pending in theCommoa Pleas. Salk. 715: M n Abatement. Tj 1 K r I, A»^' ^"^ ^^"^ EJivarti fnys, that by any thing by the faid Hie- fecfrd. rom above in pleiulipg allcdged, he the faid Hierom to the decla- ration ot the faid Eihvni,! aforefaid ought to be compelled to an- fwer, becaufe he fays there is not any iuch record of the implea- liinvT of ihQ fnid Hierom at the fuit of the faid Ed'vuarJ in the faid court of the Lord the King of the Bench remaining, as the ianie Hietom above in pleading hath alledged : And this he is ready to verify: Wherefore he prays judgment, and that the faid Hterom to the bill of the faid Edixard aforefaid may anfwer, l^c, i Dade at the fuit of Bickford, laledTe^'eed A N D ih ^ faid Tliomns Dade, by John Lilly his attorney, comes I Li!y ^^itll the X\ ^"'^ defen.'s the force and injury, l^c. and prays judgment dtltudant. ot" the bill aforefaid, becaufe he fays, that one Feler Albtrt ihz fame 26 day oi Augujl in the year cf cur Lord 1699 at London aforefaid in the parlHi and ward aforefaid fabfciibsd, lealed, and as his deed delivered to the faid John Bickerford the faid charter- party indented of affreightment in ihe bill aforefaid abovemen- tioned, and that the fatr.e Peter Jllberl, and the faid Thomas by that fame charter-party indented of affreightment jointly covenanted, granted and agreed, to and with the laid John Biclford, his exe- cutors, sdminitlrators and affigns, in manner and form as in the bill aforefaid of the faid jTo/^/z above is recited : Wherefore for that the faid Peter Albert is not named in the bill aforefaid, the fame Thomas Dade prays judgment of jhe bill aforgfaid, and that that bill may be quaftied, bV. ^^"* Another aclion depending fcr the fame catife in the fame court* Rfpl Grlffn AND the faid Edtiard Dominee fays, that by any thing by *MDomiHce. jM^ the faid Oiuer, Griffin above in pleading alledged, the bill ^n'the'^lam"''^'^ aforcfiid of the faid Edtoard nov/ filed ought not to be quartied, ^jjmj^ becaufe he fays, that there is not any fuch record of the bill afore- faid in the plea aforefaid fpecified in the fame court of the faid now Lady the Queen before the Queen herfelf filed, or of record re- ptaininj, as the faid O-iiew above in pleading hath alledged ; And this bci is ready to verify: Wherefore he prays judgment, and that the bill aforefaiii of the faid Edivard nov? filed may be ad- 'udged 2;ood, and the faid Qiven may anfwer thereto, or in de- THuIt thereof his damages, by reafon of the premiffes to be ad- ju/iged to him, l^c. ( 8 ] And the faid Oite/j fays, that there is a record of the bill Rejoinder, aforefaid in the plea aforefaid ot the faid Oijuen above fpecihed in that there is ^^^^ j-^; j PO^,j.t of the faid Lady the Qi^ieen before the Qiieen her- fuch record. ^^,-^ ^^ ^.;^^ ^^ IVeJl w i >: /I er aforefaid, of record filed, as he the fame O^^ien above in pleading hath alledged, as appears upon the file of bills of the faid Hih-^' term lall pad in the plea aforefaid laft Abatement, ^ laft mentioned of record fi'ed : And iWis he is ready to verify by that record, and prays that the term and hie of bills by the court of thefaid Lady the Queen now here may be feen and infp:Oecl : But becaufe the court of the laid Lady the Queen nov/ here to give their judgmeni of and upon the premifles are not yet ad- vifed, dav therefore is given to the parties aforeiaid, before the Continuance. Lady the Queen at IVeJinnnJlery until — next after to hear their judgment of and upon that ifToe, becaufe the court of the faid Lacy the Queen now here thereof not yet, l^c. And the faid Oijuen fays, that the plea aforefaid by the faid Ed- Demurrer. 'u;/7rJ' above in replying pleaded, and the matter in the fame con- ^a.k. ai , tained, are not fufficient in lavk' to compel the faid O'wen to an- ' ' fwer to the aforefaid bill of thefaid Edvuarti, to which the faid Ozven hath no neceflity, nor is by the law of the land bound in any manner to anfwtr: And this he is ready to verify : Where- fore for default of a fufficient replication of the faid EJivard in this behalf, the fame Oiien as before prays judgment of the bill aforefaid, and that that bill may be quallied, iffc. And the faid Ediuard fays, that the pita aforefaid by the faid JoIoJer* Edivnrd in. manner and f rm aforefaid above in replying pleaded, and the matter in the fame contained, are good and fufficient in law to compel the faid O-zve.-. to anfwer to the bill of the faid Ed' •voardy which faid plea, and the matter therein contained, the f:ime Ediuard is ready to verify and prove, as the court, l^c. And becaufe the laid O'vjen to that plea doth not anfwer, nor hitherto any way deny it, the fame fjxi'^r^ prays judgment, and that the faid bill of the faid /:^Juji'/)v/ aforefaid may be adjudged good, i^c. and the faid Oiviti may thereto farther anfwsr, Ifc. or in default thereof his damages by reafon of the premilTes to be adjudged to him, ISc. But becaufe the court of the faid Lady the Queen now here to give their judgment of and upon the ptem:irf;s are not yet advifed, day therefore is given to the parries aforefaid before the Lady the Queen at Wtjiminfier next after—to hear thsir judgment ot and upon thofe premifTes, becaufe the court of the faid Lady the Queen now here thereof not yet. Frith and others at the fuit of Kemp and others. FOrce and injury, Ifc. and pray judgment of the declaration Demurrer in aforefaid, becaufe they fay, that the declaraion aforefaid, abatement to » and the matter therein contained, are not fufficient in law to ^c^'^ration. maintain the aftion of the faid John, James, and Mary thereof p*^^ ^^„ a. againft the faid Richard zxitl Cadogan had, to which faid decla- ration the fame Richard^ud Cadogan have no neceffity, nor are by the law of the land obliged in any manner to anfwer: And this hey arc ready to verify : Wherefore for want of a fufficient decla- ration in fhis behalf, the fame Richnrd and Cadogan pray judg- ment of the declaratioa aforefaid, and that that declaration may be qualhed, i^c. And / 81 Joinder. Contlnuaccc. Juc?gment for the plaintiffs. tnquirya'wardcd £ 9 I Abatement. And the faid John, James and Mary fay, that the declaration aforciaid, and the matter in the fame contained, are good and fufficient in law for the faid John, James and Mary to maintain their aftion aforefaid thereof againft the faid y?/V/4ar^ and Cad gan had; which faid declaration, and the matter in the fame con- tained, the fame Ju/w, James and Mary, are ready to verify and prove, as the court, Ifc. Wherefore for that the fame Rlchurd and Cadogan the matter aforefaid in the declaration atorefaid do not deny, nor thereto any way anfwer, the fame John, James and Mary pray judgment, and their damages by reafon of the premifTes to be adjudged to them, Cfff. But bccaufe the court of the faid Lord the King now here to give their judgment of and upon the premifTes are not yet advifed, day therefore is given to the parties aforefaid, before the Lord the King at Wejhninjler, until IVednefday next after five weeks of Eolier, to hear their judgment of and upon the premilTes, becaufc the court of the Lord the Kirg now here thereof not yet, ^c. At which day before the Lord the King at Weftminjler come the parties aforefaid, by their attornies aforefaid; whereupon all and fingular the prennfTcS being feen, and by the court of the faid Lord the King now here more fully underftood and confidcred, and mature deliberation being thereon had, it feems to the court of the Lord the King nowhere, that the declaration aforefaid, and the matter in the fame contained, are' good and fufficient in law for the faid John, James and Mary to maintain their aftion aforefaid thereof againft l\\Q{2in\Q Richard znA Cadogan h^i\: Wherefore the fame John Kemp, James Goodijuin and Mary Perkins ought to recover their damages againft the faid Richard Smith and Cadogan Thomas by reafon of their premifles aforefaid. But becaufe it is unknown to the court of the faid Lord the King now here what damages they the fame Joh>u James and Mary have fuftaincd by reafon of the premifliS ; Therefore the fheriffof Ai/^^/^/>Jc is commanded, that he, by the oath of twelve good and lawful men oi his bailiwick, diligently inquire what dania?es they the fame Jjhn, James and Mary, as well by reafon of the premifTes aforefaid, as for their cofts and charges by them about their fuit in this behalf expended have fuftaincd, and fend the inquifuion which, i^c. to the Lord the King at Wejimin^er, on Friday next after the morrow of the holy Trinity, under the feal, ^c. and the feals, Iffc. together with the writ of the faid Lord the King to him therefore ciireit- ed. The fame day is given to the faid John, James and Mary ihere, l^c. Scire fac* quare txecutlonem n',n on error. Plea. There arc not fifteen days be- tween the lejie «ad rccura> Carter and Mogg. AND the faid ^/jM^KrV/, being on the former day folemnly called, by Thomas Callorue his attorney likewife comes and prays judgment of the writ of J'cire facias aforefaid, becaufe he fays, that there are not fifteen days between the te/ie and re- turn of the faid writ of /nVtf /rta«f aforefaid ; And this he is ready Abatement. ready to verify : Wherefore he prays judgment of that writ, and that che writ aforefaid may be quarhed, y. according to the law of this kingdom of En^l^mrl and the liberties and privi- leges of the Time court of the bench aicrefaid, from time imme- morial ufed and approved, to anfwer before any juftices or mini- ftcrs of the Lord ilig Kinj; or other judges whaifoever in any court, except That the i'.e- fcndant is an attorney of theCommori Bench. Note ; It muft not be pleaded with ivhen, &c, for that admits the juriidi6lioi» of the coll It - hold and felony, and appeals, only except) againlt their wills ought not to be drawn or compelled, nor at any times pall have been accuftomed, according to the liberties and privil.-^es of the laid court of the Bench aforelaid, from the whole time aforefaid ufed and apprpved : and this he is ready to verify : Wherefore he prays judgment if he ought to be compelled to anfwer to the laid Dorothj to the faid plea here in court, i^c. Tho. Curthsiu, Dohffjn againft Shore. Replication "TTTHereupon the faid Jjhn Dohfon, faving to himfelf al? vpon a fpecial Yy r^^^ ^\\ manner of advantages, exceptions and allegations continued ^° ^^^ plea aforefaid of the beforemention-.d John Shore, Samuel Afire, 'Thomas Barret, Richard Brotvn, J thn Lipps, and Richard Humphrey, prays leave to imparl before the Lord and Lady the King and Queen at W'^(?/?OT/;7/?(?r until IVednefday next after i 5 daysof St. /////. and he hath it, ^f. The fame day is given the parties aforefaid there, C^c. At which day before the faid Lord and Lady the King and Queen at JVeftmir/ier come as well the £ 10 J faid John Dobfon as the faid John Shore, ^c. by their attorniej aforefaid ; whereupon the faid J. D. faving to himfelf as is afore- faid, farther prays leave to imparl thereunto, ^c. before the faid Lord and Lady the King and Queen at I'Te/lmin/ier until 'Tuefday next after the OiHaze of the purification of the blcfTed Mary,- 5j.rtd he harh it, ^c. The fame day is given to the parties aforefaid, bfc. At which day before the faid Lord and Lady the King and Queen at IVeJlminjier comes as well the faid J. D. as the faid J. S. iSc, by their attornies aforefaid, and the faid J. D. fays, that after the laft continuance of the plea aforefaid, to wit, after the faid M'^ednefday next after i 5 days of St. Hillary, from which day the faid plea was continued until this day, to wit, Tuefday next after the OSa've of the purification of the blcfled virgin Mary, to wit, the tenth day 0^ February in the year of our Lord 1689, the fdl 4 J. D. from the fentence of excommunication aforefaid was and yet is abfolved and releafed, and to the communion of Chrift's faithful and the facraments of the church reftored. And the fame Letters of J. D. produces here in court the letters patent of G. O. Doftor ^bfolution: ^f La^s, of the court oi Canterbury of the Arches London official principal lawfully conftituted, teftifying the faid abfolutioa, which letters patent follow in thefe words, to wit, G. O Dodtor of laws of the court of Canterbury of the Arches London official principal lawfully conftituted, to all and lingular reftors, VJcars, chaplains, curates, clerks and learned men whomfoever in and throughout the whole province of Cinterhury wherefoever ap- pointed, greeting. Whereas it i<; fliewn to us by appeal, on the part of our beloved in Ghrijl J. D. of Hamfey in the county of ii'ij[<;x and Arch-deaconry of Leivss ^nd diocefe of Chichefier, that Abatement. lo that altho' t. B. do£lor of laws, commifTary or official principal of the reverend father in God Simon by divine perniifllon bidiop of Chiche/lery in and throughout the whole archdeaconry of Le^jues in the diocefe oiChichelhr^ or his lurrogate, had feme time fince excommunicated thefaid J. D, f.r his contumacy in not appear- ing before the faid dodor Briggs, or his furrogate, at a certain day, hour and place in that behalf before appointed, to anfwer J. S clerk, rcdtor of the reftory of Hamfey aforefaid, in a certain caufe of fubllraftion of tithes and other ecciefjaltical rights, and from the fame excommunication, at the petition of the faid J. D. perfonally appearing, and promifing to obey the law and com- manosof the church in all things lawful and honeft, had abfolved, and to the communion of C/iri/i's faithful had reftored ; and that y. E. clerk, furrogate of the laid Dr. B jindT. B deputy regifter of thefaid Dr. B. the letters of absolution in that behalt wrote after- wards refpeftively fubfcribed and fentout ; neverthelefs J. L of Leiuei'xn the county o'i Sufjex, keeper of the feal of the faid Dr E, the judgefrom whom in this behalf it is appealed, alth p'ot";en law- fully requefted, has refuied and denied to put and affix the faid fe^l lo the faid letters of abfolution, to the great liamage and pre- judice of the faid J. Z). Wherefore the faid 7. Z). thinking hinifelf unlawfully hurt and aggrieved by the not putting and affixing the faid leal to thefaid letters of abfolunon, and from t\^ry thino-fub- fequent thereto, and fearing he may be greatly prejudiced here- after from them to the court of C«w/fr^H»_>' of the arches Lon~ don, and U5 the official thereof hath appealed, and of the nullity and pravity of the premiffcs hath complained : We therefore pro- ceeding in this appeal ex fuperahundanti, the faid J. D. pro- mife being firft made by JJ;n Hutigerford notary public, his proftor for his obeying the law and commands of the church in all things lawful and honeft, from the faid fentence of excommuni- cation until the firft fcffion of next Eafler term have abfolved, and to the communion of ChrifVs faithful have reftored : We com- mand you jointly and fevc rally, that you by our authority forbid the faid T . B. doftor of laws, the judge from whom it is as aforefaid appealed, and his regifter, the faid J. S and J. L. in pariicular, and all others whon> the law require in this behalf to be forbidden in general, that ihey, or any of them, do not in any wife attempt, or caufe or procure any thing to be attempted, to the prejudice of the party appealing pending the faid appeal before us or our furrogate, or other competent judge in that behalf what- foever undetermined, whertby the faid appellant may not have free libtrty of profecuting his (aid appeal, as fhall be juft on pain of the law. Cite, therefore or caui. o be cited pen. mptorily, the faid J'jfinLipps, that he appear ^'''ore u;? or our furrogate. or other competent judge in that behalf whatfoever, in the hall of the common inn r,f the lords of the arches in the parifh ot St. hene-liLf near LonJon-brirlge notorioufly fituafed, and in ihe ju- i:;cial place there, on the fourth day next after fuch citation to hini in that behalf made, if it fliall be a law- day, otherwife the Vol. I. C law- lot Abatement. law-Jay then nexl following, at the ufual hour of hearing caufes there, to anfwer the faiJ 'John Dohfon in fuch his appeal, and far- ther to do and receive what fliall be jull in this behalf; com- I- 4 1 I iiianJing befide you the laid redlors, vicars, chaplains, curates and clerks whoinfoever, in and throughout the whole province of Canterbury wherever appointed, rhat you jointly and feverally the faid John D ibjon from the faid lenience of excommunication againll him as above given and promulged until the firft ot Eojler term next by us abfolved, and to the cpmnmnion of ChrJit's faithful reftored. Fuller at the fuit oiDovet. A writ of error * >J ^ the faid James Fuller, by 7. S. his attorney, comes and pending :n /A t r i i r j • • /^ i • j c the Exchequer X\ def* nils the rorce and injury, CfTr. and prays judgment of chamber, the faid bill of the faid Robert Dovee, becaufe he fays, that after plcadi-d ill 1- the reiiiiition of the judgment aforefaid in the declaration aforefaid an ISr' o? ^P*^' '^"''•' ^^'^ 'Q'^^otq the exhibition of the fuid bill of the faid Ro- j , J ° hirt Dij'vee, to wit, 2gth day oi Odober in the yrh year of the reign of the now lord the king, the faid James Fuller, for the reverfing of the judgment aforefaid, profecuted out of the court of chancery of the faid lord the king, the fame court then being at Wejtminfle", a certain writ of the faid lord the king, to correct error in the record and procefs, as alfo in the rendition of that judgment, dire(!^.'d to the trufty and beloved of the faid lord the king John Holt, knt. then and yet chief juRice of the faid lord the king, afligned to hold pleas before the kinghimfelf; by which faid writ the faid lord the king commanded the faid lord chief juftice, that if judgment thereon was then given, then he Hjould caufeto come the record and procefs of the faid plea, with all things touching the fame, before the juftices of the common bench and the barons of the exchequer of the degree of the coif in the chamber cf the cxchequc- of the faid lord the king at IVtJliiiiifler, on IVednefJay the 27th day of November then next following, that the faid jultices of the common bench and barons of the exchequer, the record and procefs being feen and examined might farther in that behalf caufe to be done what of right, and according to the form cf the llatute in fuch cafe made and pro- vided, ibould be to be done ; by virtue of which faid writ of error the faid chief juftice afterwards, to wit, the faid 27th day of A'o- K-ember, the record and procefs of the plea and judgment aforefaid, together with all things touching the fame, before the judlces of the faid lord the king of the common bench and his barons of the exchequer of the degree of the coif into the chamber of the Exchequer aforefaid, at Wejlminfter aforefaid tranfmitted, and the record and procefs of the judgment aforefaid there yet remain, and the faid writ to correiJl error in the faid court of the chamber of exchequer aforefaid at W^fimi'-Jler aforefaid yet depends undeter- niined ; and the judgment aforefaid is as yet neither affirmed nor re verfed, as by the record thereof in the fame court of the chamber of Abatement. of exchequer aforefaid at Wcfiminjier aforefaid, before the faid juftices of the faid Lord the King of the common Bench and ba- rons aforefaid remaining, more tuily is manifelland appears: and this the faid James Fuller is ready to verify by the recr.ni. judg- ment and procefs aforefaid : Wherefore he pravs judgment of the bill aforefaid, and that that bill may be quafhed, ffV. Edvo. Northey. St. John Broderick, II Account. [ ^2 ] AnJrenvs againft Thornton, London^ "hJAthaniel Andreivs and Thomas l.ucns, wardens of to wit. the parilh church of St O/iherine Coleman-Jireet, London, complain of Thomas H hornton late warden of the parifh-church aforefaid, in cullody of the marflial, l^c in a plea that he renders to them his reafonable account from the time that he was warden ot the parifli-church alorcraid, and receiver of the monies of the parifh-church aforefaid, for this, to wit, that whereas the faid '7. 'f. from the loth day of ///rz7 in the year of our Lord 1675, until the firft day of April i6';6, at London. aforefaid, to wit, in the parifh, l^c. aforefaid in the ward of X London^ was warden of the church aforefaid and receiver of the monies of the parfh-church aforefaid for the time aforefaid, and the car,; and adminiibaiion of the goods and money of the parifh- church aforefaid for the time aforefaid had, and for the fame time at ion 'on aforefaid in the pari/li and ward aforefaid, as warden of the faiJ church, received by the proper hands of the faid T.T. \ool. of lawful money of England of the money of the church aforefaid, to expend and lay out to the ufe of the parifh-church aforefaid, and to render his reafonable account of the fame to the faid N. A. and T. L. wardens of the church afcrelaid when he fliouM be thereto required ; neverrhelcfs the faid 7.7. although often re- quired, C5ff. that reafonable account to the faid A'. A. and T, L. or either of th^m hath not rendered, but that to the fame A^. A. and T. L. hitherto to render altogether has denied, and yet doth deny, to the damage of the faid A''. A. and T. L. ico/. And therefore they produce the fuit, ^c. And the faid T. T. by A. B. his attorney comes and defends the force and injury when, i^c. and prays judgment of the bill aforefaid, b -caufe he fays that one T. S. tog< th» r with the faid T. T. lo'h day 0^ April 1^75, in the bill aforefaid mentioned, was wariJeii and receiver of the monies, and had thecareand ailminiflra- tion of the goods and chattels of the church aforefaid for the time C a aforefaid ; Account by the churc -wardens agairft the late ciiurch-Wirdc-n. Cro. Jae. 234, Praa. Reg. 267, 680. 30, 34. AbafpiTifnt. Another was warden with the defendant. rivcrfe. Demurrer. T he cjnfet. 27 El. c. 5. 4 Anae, c. 16. Account. aforefaiJ ; and that the faiJ T. S. is yet livin?, to wft, at londta aforefaid in the parifb and ward aforefaid ; without that, that the faid T. T. was warden and receiver of the monies, and had the care and adininiftration of the goods and chattels of the church aforefaid for that time by ■fiimlelf, as the faid M and T, in the bill aforefaid above have declared: And this he is readv to verify; Whorvfore for that the faid T. S. is not named in the bill afore- faid, the fame T. T. pravs judgment of the bill aforefaid, and that that bill may bequafheci, &c. And the faid N. and T. fay, that by any thing by the faid T. 7. above by pleading alledged, the faid bill of the faid N. and T. ought not to be quafli.'d, becaufe they lay, that the plea aforefaid by the faid T T. for qualliing of the bill aforefaid above pleaded, and the matter in the iamc contained, are not fufficient in law toquafli the laid bill of ihe faid A'^. and T. or to preclude the faid N. and T. from their action aforefaid againft the faid T. T. had : And this they are ready to verity : Wherefore for want of a fufficient plea in this behalf the fame A', and T. pray judgment, and that their bill aforefaid may be adjudged good, and that the faid T . T. to the bill aforefaid may anfwer, iufc. And for caufes of demurrer in law to that plea, according to the form of the flatute in fuch cafe thereof lately made and provided, they do fet down and to the court here exprefs thefe caufes following, to wit, for that the faid plea is in certain, and contains in it a ne- gative pregnant, and becaufe the faid T. T. by that plea hath made a full defence, and traverf:s matter not traverfable, and wants form, ^c. W. Ihompfon. I »3 J Turner and Turner. A bailifTaud c-uardisn. I Ventr Salk. p. loj. Pafch. 13W. 3. Dethy, f^ Harks Turner, g^nf' complains of John Turnery to wicV^ gent in cuftody of the marfhal, l^c, in a plea that he render to him his reafonable account from the time Account againft that he was guardian of the faid Chnrles, as alio from the time that he was a bailiff of the faid Charles at Sanduiicke ia the parifii of Alfreton in the county aforefaid, for this, to wit, that whereas by the common council of the kingdom ot the lord the King of England it is provided, that the guardians of the lands and tenements which are held in focage of the heirs of thofe lands and tenements, when they fiiall come to their full age, /hall render their reafonable. account of the ilfues from thofe lands and tenements arifing from the time that they had the cuftodv thereof bv reafon of the minority of the faid heirs, the laid 'Jnes the C 3 teftator., Account b" an executor of a merchant againft his fac- tor as bailill • Bailiff" anH re- ceiver to the tcllator. He had tht c. miniftration .. the goods of t,; teftator. Ths value. ToTifrc'i.f aodm;>k:f... i3t Receipt of the riicney. [ M ] Adion on the cafe. teftator, when he iTiouKi be thereunro required, to render, and receiver of ihe monies of ihe faid Ja.-'us Tazi.ci:n the eider, for the whole time afortfaid, ..nd for the fame time did receive oi the monies of the laid James 'Jaiudin the teftator at IVeJl- ■nii'ijiir atorcfaid, by the hands of f'eter Pont'jift 113/. 5^, and there by the hands of Petei Ch hot 9/. and there by the pro- per liands of the faid Henr^ Lu'vie 960/. uf lawful money ot tng' Itindy torfnder a reafonable account thereof to the fa'.' James the teftator, when he fliould be thereunto required ; Ncverihelefs ihsi^id Heri'y iMviCy aithouTh often required, t5f. that reafon- able accoui'' to tlie faid fa-;tes TaiuJin the elder in his litnwf/other4 /. of like lawlul money oi England, and there- of the laid Thomas afterwards, to wit, the fame day, year and place abovefaid, 10 the fame George and Samuel gave notice : And whereas alfo the faid Geo'ge and .Srt»/«f/ afterwards, to wit» the fame day and year abovefaid, at the city of Eri/Iol aforefaid in the county of the fame ci'y, were indebted to the fame Thomas in others/, of like lawful money of England, for work and labour by him the faid Thomas for the fame George and Samuel and at their fpecial inflance and requeft before there done and performed; and the faid G^" g^ ^nd Samuel then and there in confideration ihereol alTumed upon themfclves, and to the faid Thomas then and there faithfully proinifed, that they the hme George and Samuel the faid 4/. bit inemioned to the fame Thomas, when thereunto afterwards they fliouKi be rtquefled, well and faithfully would pay and content : And whereas alfo the faid George and Samuel after- wards, to wit. the fame day and year abovefaid, at the city of 7?r?/?(j/ aforefaid in the county of the fame city, in confideration that the faid Thomas at the Ike fpecial inftance and reqvitfl of the faidGforrf and Samuel, had done and performed certain other work and labour for the faid George and Samuel, they the fame George and Samuel aflumed upon fhenift;lves, and to the fame Thomas then and there faithfully promifed, that they the fame George ^nd Samuel us much money, as he the faid Thomas for the work and labour aforefaid lall mentioned fhould reafonably deferve to have to the fame Thomas, when thereunto afterwards they ihould be required, would well and taithfullypay and content: And the fame Thomas in faft fays that he the fame Thomas, for the work and la- bour aforefaid lall mentioned reafonably deferved to have of the fame George and Samuel other 4 /.of like lawful money of England^ whereof the fame George and Samuel then and there had notice : And whereas alfo (the other count was for money laid out and expended by the plaintiff for the defendants): Neverthelefs the faid Gto'ge and Samuel their feveral promifes and aflTumpiions not regarding, A€tIon on the cafe. regarJIng,but contriving and fraudulently intending tlie faid Thc' mas of the laid leveral fums of money in this behalt craftily and fubtilly to deceive and defraud, the fdid feveral fuiDs of money or any penny thereof to the faid TZ/owax, altho' often required, ^c. have not yet paid, nor has either of them paid, but the fame to him hitherto to pay altogether have refufed, and yet do refufe, to the damage of the faid Thomas zol. And therefore he produ- ces the fuit, tfff- Chifwell againft Baguley. Eajler ^ih of the ^leen. London, "Diehard Chifnuell the younger, of Lovdir mer- fo wit. chant, complains of 14'^illiam Bn^idey in the cuftodv of the marfhal, l^c. for this, to wit, that whereas the fame Richard ^^^ iith day o^ Febnmry hereafter mentioned, as alfo long before, was a merchant at London aforefaid, refiding and ufing and having commerce with merchants and other per- fons in ^ ivers things and merchandizes amounting to great fums of money, to wit, at Lo^d^n aforefaid in the parifh of St. Michael Baiyhaiv in the ward of Raji/^aiv, and thereby the fame Richard great gnin an.1 profit acquired and gained : Neverthelefs the faid IVilliam of the premilTes not ignorant, but wickedly and malici- Oufly intend! -ig, contriving and propofing the faid Richard^ un- der th'. colour and pretence of procefs ot law, unduly and unjuftly to vex, aggrieve, opprefs and impoveriili, and the faid Richard without any juft or reafonable caufe to be imprifoncr', and in pri- fon to caule to be detained, and the frienos and neighbours of the faid Richard irom becoming bail for the fame Richard to deter and divtrt, to the intent that the faid Richard i^o\i\A be detained in prifon for want of bail, and fo of his lb rty might wrongfully and without any caufe be fpoilcd and deprived, and the faid Ri- chard\n tranfp.fting his lawful bufinefs and affairs to hinder, and in his crei'it and eltate unjuflly to leiTt-n, damnify and deflioy, the faid IVilliam B ^ulfy, loth day of Fehruary in the fifth year of the reign of the lady ylnn now queen, ^c. at London afore- faid in the parifii of St Michael BaJ/i/haiv aforefaid in the ward of BnJJ/J/aiv atorefaid, maliciouflv anit without any probable caufe of adlion, at the court of the faid lady the queen before Robert Bcdirgjield knr. mayor of the city of London afore'"aid in the cham- ber ot ih^ Cuild-hall o( ihe faid city, fiiuate in the pariOi and ward aforefaid, then and there held according to thecuftomof the city atorefaid in the fame city rime out of niin \ ufed, affirmed in the fame court his bill orginal againft the fame Richard Chi/- tvell at the fuit of the faid IVillium Bagidey, in a plea of trefpafs on the cafe, to the pretended damage of the faid ff'ilJiam Baguley looo/. And thereupon it was in fuch manner proceeded in the fame court, that afterwards, to wit, i ith day oi Feht utiary afore- laiiin the year aforefaid, at London aforefaid, to vs»t, at tlie pa- riib Cafe for fulajj the plaintiff ia the court of the mayor of Ltmdon, to the pretended da- mage of lOOo/. having no caulie of aiUon. SaTfe. 15, «, 456, 717. Praa. Reg. as. £ i6 ] 1 6 A6lion on the cafe. rifli and ward aforefai I, the faid IVilliam Baguley, by virtue of « prcceptot the faiJ mayor and aldermen in that behaU accorvling to the cultomof the city atorefaid to one of theferjeants and mini- fter oi the court aforefaid made, the faid Richard to be taken, ar- reted and imprifoned, unjullly and malicioufly caufed and procu- red for the faid pretended caufe in the faid original bill of the faid IVitl'iain fp-cified, and him the faid Richard Chlfvoell in prifoa then and there for a long time, to wit, for the fpace of fix hours, malicioufly and unjuilly c;-ufed to be detained, until the faid 7?!- (hu-d ChijiJutU lor his lielivery and difcharge from the prifon atorefaid was compelled to find and put in good and fuffi.ient bail, to anfwer (O the fuid Wiili^im B.iguley in the pica of his bill origi- nal aforelaid, and alfo the fame Richard grea.: fums of money tor his delivery and difcharge aforefaid to lay out and expend was obli- ged, by reafon of the unjult and malicious arreft and impriion- inent aforefaid, when in truth and in fa6t the faid Richard Chif- •welly at the faid time of the affirmation of the original bill afore- faid, or at the time of the taking of him the faid Richard^ was DO ways indebted to the faid WilUom nor had the faid William Bagidey, at the fame before mentioned times or either of them, any jurt or reafonable caufe of aftion againfl: the faid Richard Chifnvell zs in the bill original aforefaid was pretended and ex- prefied : and the faid WiUiam Baguley at any lime after hitherto in the faid plea of his bill original aforefaid againft the faid Ri- chard Chijvoell hath never declared, nor the plea of his bill origi- nal aforefaid farther in any wife profecuted ; whereby the fame Richard Chi fivell fays that he is prejudiced, and has damage to the value of looo/. And therefore he produces the fait, ^c. Pack againft Eajlerfield. Kent, ^Ohn Pack complains of Rohert F.afterfield in the to wit. J cultodv of the marfhal, l^c. for this, to wit, that whereas on the 23d day of Oclober in the year of our Lord edhquivtn. 1699 at Eaji Mailing in the county aforefaid, a certain difcourfe M'as moved and had between the fame John Pack and the faid Ro- bert F.ajierjitld of and concerning the buying and felling ot hops ; and upon that difcourfe then and there it was agreed between them, that the fame R:hert fliould pay to the fame Johr: a guinea o\]dw{u\ money o( England, and that the fame John thereupoa Jffumpfit on fliould appoint at what price he the faid Robert fliould buy of the fcr. agiccmcnt fgj.^ jrjhn Or fiiouM fell to him, at the ele(5\ion of the faid Roherty 10 buy 01 Icll g cart-load of good hops, and that the fame John fliould appoint ^^'" the condition of thofe hops and the place and time of the delivery of the fame hops, and that upon that appointment the fame Robert p^ ^ _ iliould buy of the fame John or fell to him, at the eleftion of the ^^' faid Robert, the faid cart-load of good hops : And the fame Ro- hert afterwards, to wir, the fame day and year at Enji Mailing aforefaid, according to that agreement, paid tothe fame Johniho. faid guinea, and thereupon the fame John afiumed upon himfelf, and III. Adlon on the cafe. Ji6 and to the fame Robert then and there faithfully promifed to prr- form that agreement in all things on his part to be performed, and in confideration thereof the faid Robert aflumed upon himfelf, and to the faid John then and there faithfully promifed, that lie the fame Robert would perform and fulfil fhat agreement in ail things on his part to be performed and fulfilled i And the fame Jo/ir. in faft favs, that he the fame John afterwards, to wit, the fame day and year abovefaid, at Eaji Mall-ng aforefaid, in the prefence and hearing of ihe faid Robert, did appoint the condition aforelaid of a cart-load of good hops, to be hops well picked and well dried, and the price of the laid cart-load of good hops tobe 5/. lof. a hun- dred for every hundred weight thereof, and that the faid cart-load of good hops fhould be delivered between the 23d day of Oclobtr in the year aforefaid and the 25'h day oi Match then next follow- ing, at the key of one John Rice in Nezviihe in the parifh oi Ea/i Mulling aforefaid in the county aforefaid, or at Milhule in the pa- rilli of Ayksford in the county aforefaid j and thereupon the faid Robert, to wit, the fame day and year abnvefaid, zt EaJi Maliing afor-iaid in the countv aforefaid, made his election to buy of the fam^ John a cart-load of good hops aforefaid, well picked and well (.iried, at that rate an> price, and 5^. in part of payment for the cart-Ir,ad of good hops aforefaid then and therein hand to the fame J:hn paid ; A'..' the fanu' John afterwards, and before the faid 25th day of March in the year abovc-faid, to wit, the fifth day of Marih ill the y m of our Lord 1699 abovefaid, at the faid key of f 171 th^ faid J:hn Rice in Neivithe aforefaid in the parirti oi Enft Mai- »■''■* hrg a-.orcl'ai'', delivered to the ufe of the faid Robert a cart-load cf goo.', hops well picked and well dried, whereby the faid Robert five poun s and ten fhiilings for every hundred wei^a^ht of the faid twei.tv hundred weight, the faid five fliillings in hand paid beinu- deducted, in the whole amounting to one hundred and nine pounds and fifteen (liillings, to the faid John, according to the agree- ment aforcfai^, oi;g!u to have paid: And whereas alfo the faij John afterwards, ro wit, the faid twenty third day of OtHoher in the year aforefaid, at Eajl Mailing aforefaid in the county aforeiaid, at the fpecial inftance and requefl: of the faid Robert had fold and delivered to the ufe of the faid Robert one other cart load of hops well picked and dried, the faid Robert in confueration thereof aftervards, to wit, the fame day and year laft abovefaid, at Etijl Mailing aforefaid in the county aforefaid, affumed upon himfelt, and to the faid John then and there faith- fully promifed, that he the faid Robert\\\ fuch fnms of njoncy, as the faid cart-load of hops laft mentioned at the time of the fale and delivery thereof was reafonably worth, to the fame John would well and faithfully pay and content : And the fame John in faft fays, that the faid cart-load of hops laft mentioned, at the faid lime of the fale and delivery of the fame, was riafonably wonh otiL: hundre-^' and ten pounds of like lawful money cf England, to wit, at El/} Mailing aforefaid, in the county aforefaid, whereof the faid Robert afterwanls, to wit, the fame day, i5fc. abovefaid, there had notice ; And whereas alfo the faid Robert afterwards, f 17 Adion on the cafe. tc wit, the faid twenty third day of Odtoher in the year aforefald, at Ea/i Moiling afort-iTaici in the county aforefaid, was indebted to the faid Jo/^n in other hundred and ten poundsoflike lawful money of EnplanJ, for another cart-load of hops to the fanie Ro~ herthy the faid John before that time fold and to the ufe of the faid Robert delivered ; and fo therein being indebted the faid Robert afterwards, to wit, the fame day and year abovefaid, at Eajl Mailing aforefaid in the county aforefaid in confideration thereof aflumed upon himfelf, and to the fame Jo/in then and there faithfully proniifed, that he the fam^ Robert the faid hundred and ten pounds lad mentioned fo the fame "Jo/in when he fliould be thereunto required, well and faithfully would pay and content: Neverthelefs the faij Robert his feveral promifes and aflumptions aforefaid not regarding, but contriving and frau- dulently intending the fame Jo/in in this behalf craftily and fubtilly to deceive anddtfraud.the faid feveral fumsof money or any pen- ny thereof to the fame Jolm hath not paid, altho' to pay him them the fame Robert by the faid John was afterwards, to wit, the firft the laid clofe did not carry away, but the faid twei ty five cocks of hay upon the clofe aforefaid for a long time, to wit, from the faid zgch day oi Jum until the 26th day of Auguft then nex' following, permitted to ftand and remain, whereby the fame Roheri the profit of the fame clofe for the fame time totnliy lol^, to the damage of the faid Eul?ert <^L And therefore he produces the fuit, CTc. IVinter and Wiberz. Lo'>-ido^-,\0'>K\x..r^Atharbw Wiherg late 0^ Lonchn fpinfler, exe- Ajfurpfit ^ cutrix of the teilament of T/?^'Wrtj mberg de- ag^i"^""^ ex» cenfed, was attached to anfwer unto George IVinter in a plea of poon'^Vld'the trefpafs on the cafe, ^f. And whereupon th^ fame George by tcftator after /?/VArtr^ //. his attorney complains, that v/hereas the faid T/10- outlawry of the Piatin his lifc-tiuie, to wit, the firft day of April\n the year of the '^" ^^^" l/3rd 1 71 7, at London aforefaid, to wit, in the parifh of St li^^^^'Rc" Mnry-U-hvo in the ward of Cheapo was indebted to the fame i^g iio. George in 20/. of lawful money of Great Britain for divers goods, wares and meTchandizes of the faid George, by him the laid George to the fame Thomm at the fpetial inftance and requell of the faid Thomas before that time fold and delivered j and fo therein being indebted the laid Thomas in his life time, in confi-» deration thereof afterwards, to wit, the day and year abovcfaid at London aforefaid in the parifli and ward atorefaid, affumed upon himfef, and to the fnmi' Geo ge (htn and there faithfully promifed, that he the faid Thomas in his life-time the faid 20/. to the fame George^ when thereto afterwards he fliould be required, v/ell and faithfully v/ould pay anc! content : Ni Vertnelefs the faid Thomas in his iift-liiiie his proiiiifc and iilTumption aforefaid, fo as aforefaid to the fame George made, not regarding, the faiii fiim of money, or any penny thereof, to the f;ime George haih not paid; and the faid Catherine and Ijabella IViberg, anti Charles H'iberg co> xecutors with the faid Calhanne of ihe will aforefaid of the faid Thomasy which f?.id Ijabella and Charles, by proccfs in the court of tne Lord the King here by writ original by the faid George againft the faid Ifubella and Charles th^ caufe aforefai: lately ob- tained, are outlawed and waived, after the death of thu faid Tho~ masy and before the outhiwry and waiving aforefaid againft them promult^ed, a'tho' the fai '■ Ci.therine and the faid ffuhelta and <'/7rtr/<'j (v/ho as oforefiid are ( utlawed and waived) to wit, oa the fi'ft day of Marih in the year of the Lord 1718, and often afterwards, m / ondon aforefaid in the pariih and war! aforefaid, by the fait! George were required, the faid fum of money have not p;iid, nor haih either of them paid, but the fame to him hitherto Vol. I. J> to fioj Adion on the cafe. to pay have altogether refufed, and the faid Catherine doth yet retufc, to the damage of the faid George 20 I. And therefore he produces the fuit, i5c. t 2^ ] MicltTfloWn. /jLmerick de Courfey late of Ijleivorth in the A_^umpftthy -^J- county aforefaid efq; born of Kitijale in the original m^ ^ kingdom cf Ireland, was attached to anfwer unto Francis Cowpton yeccof^cl^nJ knt. in a plea of trtfpafs On the cafe, ^c. And whereas the faid for money lent, Francis hy J. B. his attorney complains, that whereas the faid Ahneriik, on the firft day of May in the year of the Lord 1700, at IJlitigton in the county aforefaid, in confideration that the fame Francis, at the fpccial inftance and requeft of the faid Almerickt had before that time lent to the (zmc Aimer ick 392/. \os. of lawful money of V.ngUwd, affumed upon himfelf, and to the faid Francis I hen and there faithfully promifed that he the fame Atme- rick the faid 392 /. ids. to the faid Francis, when he ihould there- unto afterwards be required, well and faithfully would pay and content : Neverthelefs the faid Almerick, ^c. (to) And there- fore he produces the fuitj^c. Oiherwifc \t Midd\ to wit. ^Ohn Harris complains of Frederick Williams K- S. J efq ; Earl Lifford in the kingdom of Ireland in cuftody of the marlhal,^^. Otherulfc M':dd\ to wit.'T^HE right honourable Thomas earl of Seaford againft a peer _|^ was attached to anfwer unto John Dandi, of ScctlanJ y^^ /^5 •,„ others). fince the Union. ^ Otherwife*^' ^^' /T^HE right honourable Thomas lord OJhome was attached to againft the fon |_ anfwer unto John Thomas in a plea of trefpafs on the cafe, of a peer of y^_ ^^d whereon, ^as in others.) England called IfiTdtbr' Note; A peer cannot he fued in B. R. h hill, hy reafm he ■wiit, is therein ahedged to be in the cujlody oj the mar/hul. Matthew againft Hodge, Cafeaeainft a S,^(fex to wit cf-"omas Milthciv the elder complains of William headborongh ■i' ' I //» '^f in the cuftod v of the marflial, ^c. for fdd?er!:^on^he this, to wit. that whereas the faid IVdlam, .6th day of Non;em- phintifF with- ber in :he fourth year of the reign of the lord and lady kl^tlltam cut confcnt. and Ma y now king and queen of England, i^c. at the panui of St, Thomas in Cll'va juxta Letves in the county aforefaid, (he the faid -Ihomas then b'-Zmg a civil officer, to wir, a headborough for the half hundred of Loxfield Dorfet in the county of S.'px alorelaid,) iinjuaiv. unlawfully and inalicioufly biiletrcd Chnjiopher Norman znd Rich.'ird I aper, tv/o dragoons of the faid lord and lady the king and queen, upon himthefaid Thomas Matthews, (he the faid Thomas then being a fubjcd of the lord and lady the king and queen of Erghnd, and an inhabitant in the parifh, county and bflf hundred aforefaid,) without the confent of the faid Thomas Adion on the cafe. ii in that behalf Iiad, which faiJ dragoons, from the faid. twenty fixth day of N(rjemher until the twentieth day of Mr-y then next following, againft the will ami without the confent of the (aid Thomas, by reafon of the billeting aforefaid by him the faid IVt/Iiam upon the faid Thomas iuipofed were quartered againft the form of the ftatute in that cafe made and provided ; by pretence of which faid billeting and quartering the fame Thomns was hin- dered in the quiet ufe and occupation of his houfe aforefaid for the whole time aforefaid, and was compelled to expend divers fums of money for the fupport and malntainance of the dragoons aforefaid for the whole time aforefaid ; whereby the laid Thomas fays that he is prejudiced, and has damage to the value of 40/. And therefore he produces the fuit, ^c. Man/ell and Stamforth and others. York, to wit. 'P'Du:ard Manfell, vicar of the church of Ecclcf- Cafe by the •^ f.dd in the county aforefaid, complains of Jo^« JJ^'^JJ^^'"!^ of Stamforth gent. Ed'ward Career clerk and Hejler Berkley widow, ^j^^^i^^^ ^j^'^p executors of the teftament and laft will oi Th:7nas IVrig/it clerk, for aiUpidai-j late vicar of the faid church of EccLsfieU aforcf-iid, in the cijftody ons. of the marlhal, S^r, for this, to wit, that whereas, according to the law and cuftom of this kingdom of Erglund hitherto obtained and approved, all and fingular prebendaries, r>.(5tors and vicars of the fame kingdom for the time being, are bound to repair and fupport all and Angular the houfes and buildings of their pre- bends, rttlories and vicarages, and to leave the fame to their fuccelTors repaired and fupported : And if fuch prebendaries, reftors, and vicars, the houfes and buildings aforefaid to (uch their [ 22 J fucceflbrs as aforefaid have not left repaired and fupported, but ^"'^.'^™ °^ have permitted them to be unrepaired and dilapidated, the exe u- "^°" ^ ~ r 1 r ■ , 1 1- '^ .-^r i-ji forth. frai,t. tors ot the faid prebendaries, rettori and vicars, alter their deaths, j^^^^ ^(,-,_ out of the goods and chattels of the fame tcftators are bound to ciJ^rgyman's fatisfy to fuch fuccclTors fo much money as is fufficient tor the Law 31a. ivparation and neceffary rebuilding of thofe houfes and buildings: And ahho' the fail Thomas IFright, late vicar of the church of EcclesfTii aforefaid, the houfes and buildinc_s of the faid vicarage poftea. at the time of his death left unrepaired and dilapidated, lo that 200/. are not fufEcient to repair the faid houfes and buildings: And although the fame John, Edward Career and Hejler, after the death of the faid Thomas, to wit, the firft day oi July in the fifih year of the reign of the lord and lady IVtlUam and Mary now king and queen of England, iffc. at Ecclesf.eld aforefaid, were requ'red to pay to the fame Ediuard Manfell fo much mo- ney as was fufficient for the rf paraiion of the houf's and buildings aforefaid: Ncvc-rthek-fs the lame John, Ed^ixiar d Carver and He ft.r, in any wife to fdtisfy the fame Ed-ward Matijell for the ir- reparations and dilapidations aforefaid have altogether refufed, and yet dorefufe, to the damage of the faid Ed'ward Manfell 20©/. And therefore he produces the fuit, l^c. ^•^ Adion on the cafe. The Duke of Ncwcajlk againll: Jermin. Afampft on a Kolt' 10 wit. '"T^ H E mod noble John duke of Nei.vcnJ\le corr;- ipecial agree- J|^ plains of Jchn Jcrmyn gent, in the cuftodjr roenc for wood. „r.i - n i ;v- i.- .l- ■ l l i r ,•< ^ ^ 01 the marihai, C5f. for this, to wit, that whereas on the firlt day oi May in x.\\e year of the Lord 1692, at Mans/jtWin the county atorefaid, a certain difcourfe was had and moved between the (ame t'.ulce and the fa id 'Jo//n Jeimyj of and conceri>in-r the f;rle of a great quantity of wood by the faid duke to the laid Jo/tn Jsrmyn^ and upon that ditlo'jrfe it was then and there agre^-d between them that the fame duke Hiould fell and deliver to the faid Jijhrtjer" T)iyn I ^00 cords of wood at the rate and price of 5^. dd. for every cord of the faid wood : And the fame Johnjermyn, in confulerati- on that the faid I'uke then and there at the fpecial indance and requell of the fud John Jermyn did fell to the faid J,hn Jtrmyn t\\e faid I 500 cords nf wood at the faid ratp and price of 5 «, 6J. lor every cord of the faid wood, and did afTimie upon himftlfandto ihs fame Joim Jcrmyn then and there faithfully promife, to deliver to the fame John Jerrnyn the fame 1 500 cords of v/ood, he the fame John Jermyn afiuiited upon himfelf, and to the faid duke then and (here faithfully promifed, that he the faid John Jermyn 5^. td. tor c\Qry cordof the faid wood, which according to that rate amoant- Avfment of ^^ '" ''''^ whole to 4.12/. lo^. to the fame duke would well and ttic delivery of faithfully pay and content r'And the fame duke in faQ favs, that the wood. he, giving credit to the promiie and afTumption of the faid John Jermyn'xn form aforefaid made, afterwards, to wit, the firlt day of Odoher in the year of the Lord 1652 abovefaid, at Mansfield aforefaid \n the county aforefaid, and lieliver to the faid John Jir:nyn the faid i 500 cords of wood : And whereas alfo the. faid yf ^j " °'' T-"^" Je-myn afterwards, to wit, the faid firft dav of Ocloher in the year of the Lord 1692 abovefaid, ^r MnnsfieLl aforefaid in the county aforefaid, was indebted to the faid duke in 500/. for a certain other parcel of wood by the faid duke to xht faid John Jermyn and at his inflance and requeft before that time fold and delivered ; d.n(l \o therein being indebted the faid John Jtrmyn afrerward*;, to wit, the firft flay o'i O^oher in the year of the Lord 1692 abovefaid, at MansfieLl aforelaid in the county aforefaid, in confiderarion thereof aflumed upon himfelf, and to the fame S^uani' Mif'' duke then and there faithfully promifed, that he the faid John Jertnyn the faid 500/. to t.he fame duke, when he {l)Ould be thEri:unfo required, well and faithfully would pay and content: And whereas alfo the faid John Jermyr. afterwards, to wit, the fame frPc dav of Odoher Jn the year of the Lord 1692 abovefaid at Mansfield aforefaid in the county aforefaid, in confideratlon that the faid duke at the like fpecial inilance and rtqueft of the faid J d.n Jermyn had then and there fold and delivered tQ the faid John Jermyn ano'her parcel of wood, to wit, another 1 5oe cords of wood, afuimed upon h'mfclf, and to the fame duke then and there faithfully promifed, that he i^e faid Jjhn Jirmjn io much money, as the wood lad mentioned at the time A6lion on the cafe. laa wocd. [ 23 3 time of the fale and -delivery thereof was reafonably worth, to the fame duke, when he rtiould be thereto llkewife required, would well and faithfully pay and content ; And ihe fame duke in fafl ^s'"™^''' . fays, that the faid wood lall mentioned, at the time ot the fale and delivery of the fame, was reafonably v/orth other 500/. whereof the'faid ']ofin Jeitnyn atterwards, to wit, the faid firftday oi Ocloher in the year of the Lord 1692 abovefaid, at Mar.sfiell aforefaidin the county afortfaid, had notice : And whereas alfo Count for the faid 'lohn J ir my n zilQrwzrds,, to wit, the fame firft day of 412/. 10/, October in the year of the Lord 1692 abovefaid, at Mansfeh! afore- »oi" "'her faid in the county aforefaid, was indebted to the fame duke in other 412/. 1 oy. for other wood, to wir, for oiher 1 500 cords cf wood bv the faid duke to the faid John Jennyriy and at his in- ftance and requefl, at the rate and price of <^s. 6ei. for every cord of the faid wood lafl nient'oned before that time foid and delivered; and bcincr fo therein indebted the faid John Jerniyn afterwards, to wit, the fame firft day of 0^?a/fr in the year cf the Lord 1692 abovefaid, at Man-Jldd aforefaid in the county aforefaid, in con- fideration thereof ..fliimed upon himftlf, and to the fame duke then and there faithfully promifcd, that he the faid John Jermyn ■ the faid 412/. \os. laft mentioned to the fame duke, when he fiioiild be thereunto at'terwards likewife required, would well and faithfully pay and content: And whereas alfo the faid Johnjer- j„/;„u! ccm Ktyn afterwards, to wit, the fame firft day o^Odohcr in the year of putajet. the Lord 1692 abovefaid at MansJiclJ aforefaid in the county afore- Praa. Reg. faid, accounted with the faid duke for fcveral other I'lims of mo- *'"• ney by;the faid John Jermyn to the faitl duke before that time due, and to the fame duke then being in arrear, and unpaid j and upon that account the faid John Jermyn was found in arrear to the faid duke in other 41 2/. los. and fo being therein found in arrear, the faid John Jermyn afterwards, to wit, the faid firft day oi October in the year of the Lord 1692 abovefaid at M^w^/ffW aforefaid in the county aforefaid, in confideraticn thereof afTumed upon hinifelf, and to the fame duke then and there faithfully promifed, that he the faid John Jermyn the laid 412/. 105. laft mentioned to the fame duke, when he fliould be thereto afterwards likewife required, well and faithfully would pay and content : Neverthelefs the faid John Jermyn his feveral promifes and affumptions afore- faid in form atoretaid made not regarding, but contriving and frau iulentlv intenv'.ing the fame dukf in this behalf craftily and fubtilly to deceive and licfraud, the faid feveral lums of moncv, or any penny thereof, to the fame duke according to his feveral promifes and aftumpiions aforefaid, hath not yet paid, nor him for the fame hath hi'herto in any wife contented, althc' to do it the faid John Jerwyn was afterwards, to wit, the fame hr^^ day of Odober in the year of the Lord 169: abovefaid at Munsp.eld 'iSvixt- faid in the county afort-faid, by the faid duke required, but to pay him them, or him fnr the fame hitherto in any wi(c to content, hath altogether xt{vi'i^'\., and yet doth rcfufe, to the damage of the faid duke 550 /. And therefore he produces the fuit, ^c. D 3 R'iher . Sreach. 23 A^ftion on the caffe. ^fumpf.t by a Mid.i\ to wit. TTfOhert S. gent, one of the clerks of Samuel clerk o: the -^»- AJlry, lent, the coroner and attorney of the Crown ofTue now lord the king, compliini- of /7f';?ry ^. pent, another clerk of aeainll .mother , .- • , o i *5/» i i ? r l r -j cltik ofthat the laid &>/;««/ ///7ry, knt. the coroner and attorney ot the laid office fni money now lord the king prefent here in court in his proper perfon dtpoficid in his for this, to wit, that whereas the faid Henry the firlt day oi Junu- hands on a wa- ^ty'in the year of the Lord 1699, ^x Wejlmitijler in the county ^^'^' aforcfaid was indebted to the faid Robert in two guineas of the va- lue of 43 J. of lawtiil money of England, for fo much money of the money of him the faid Robert by the faid Henry to the ufe of him the laid Robert before there had and received ; and fo being therein indebted he the faid Henry in confidiration thereof after- wards, to wit, the fame day and year, a{ IVejhninJJer aforeGiid in Count for two the county aforefaid, aflumed upon hiinlelt, and to 'he fame Ro- guineas rcceiv- 1^,.^ [[,£^1 and there faith+ully promifed, that he the f. id Heiiyihc ed I'V defendant f^;^, ^^^,^ ^uineas to the fame Robert, when he fhould therao after- to puinLllt S , , » . , ,, 1 r - 1 r 11 i i i y|-J^ wards oe required, well and taithtully would pay and content : And whereas alfo the faid Henty afterwards, to wit, the fame day, year and place, v.'as indebted to the faid Robert in 5/. of lawful nioney oi EnglanJ, for fo much money of him the faid Robert by him the iaid Meury to the i>fe of him the faid Robert before there had and received ; and b"ing fo therein indebted the faid Herry then and therein confideration thereof aflumed upon himfelf, and to the faid Robert then and there faithfully promifed, that he the faid Herry the faid 5/. to the fame Robert, when he iliould be thereto afterwards required, would well and faithfully pay and content : Neverthelefs the faid Henry his promifes and alllimptions aforefaid not regarding, but contriving and fraudu- lently intending the fame Robert in this behalf craftily and fubtilly to deceive and defraud, the faid two guineas, and the faid 5 /. or anv part thereof, to the faid Robe> t hath not yet paid, altho' to do it the faid Henry afterwards, to wit, the 10th day ot January in the year of the Lord abovefaid, and often afterwards, at IVe/Jmin- fier in the county aforefaid by tl;e fame Robert was required, but the fame Henry to pav him them, or him for the fame hitherto in any wife to content, hath altogether refufed.and yet doth reiufe, to the damage of the faid Robert zqI. and therefore he produces the fuit, i^c. Gib/os. and Oufnam. Cafe for arrefT- ^^'^f' '° ^''^- ]?J<^^'^^^ Gihfon complains of John Oufnam^ ing t'oc plaintiff being in the cuftody of the niarflial of the in the mayor of Ma^/h:d[ea of the lady the queen, before the queen herfelf, for Maiiflone-% jj,;^^ jq y,j,^ j^^t whcrcas the faid i?7f/7/7r// being a perfon of a good *^aure of aaU)n name, tflate, credit and reputation, among his neighbours and Sa'k. 1^4 15 * others whomfoever with whom he had dealing, the faid Jo/2« 8th 727. * ' day of March in 'h" grh vear of the reign of the lord William the third, late king of Englandy I3c. at the parifli of Maid/lone in the Adion on the cafe. I^S the county o( Kent aforefaid, contriving and intending him the faid Richard by colour of law to opprefs and in prifonto keep and de- [ 24 J tain, at the parirti of MaiJjione aforefaid falfly, fraudulently, un- duly and malicioufly, in the name of the faid John, a certain plaint againft him the faiu Richard in a plea of trefpafs on the cafe, to the damage of the faid Rtchurd \ zl. at the iuit of the faid Jchti'm the court°of record held betore Ge'crg^ f/frre, gent, then mayor of the town and parifh aforefaid, according to the cuftom in the fame toivn iifed time out of mind within the jurifdiftion of the court aforefaid, without any juft caufe levied and affirmed ; and the fame Richard, by virtue of the faid plaint, within the jurlfdi<5tion Avcrmeot. ot the fame court, tobe arretted and impr'foned, and in prifon aforefaid to be detained for the fpace of three Ohett Frith apothecary complains of //'i//iV/;;j i°d'mTnirt^r"d\ • ^^'"^'^ '" '^^ cuilody of the marihal, l^c for him'to a^third^ *'^'*' '° ^''^» ''^' whereas the firll day of May in the year of the pcrlbn. Lortl 169^, at PFeJlminfterin the county aforcfaiii, the fame /?a- ^?d to one Robtrt Emerton, the apprentice ot the fai.i IVtllium, oivers mei'icaments, medicines and medicinal petions, he the faid tVillium in confideration thereof afterwards, to wit, the fame day and year abovefaid at i-VeJimi/iT jler aforefaid in the county aforcfaid, aimnied upon himfeh, and to the fame Robert Frith then and there faithfully proiuifed, that he the faid IVilliam \o much money for the \:\'u\ medicaments, medicines and medicin-dl potions, fo as aforeiaid adminifltred, deli~* vereji *ad applied 'o the faid Robert F.merton the aforefaid appren- tice of the (ame IViUiam. as he the faid Rohert Frith therefore rea- fbnably deferved to have, to the fame Robert, when he lliould be thereto afterwards required, would well am.! faiihlu'ly pay and content : And the fame Robrt Frith in faft fays, that he the faid Robert reafor.ablv deferved to have for the faid me ica- ments, medicines and medicinal potions, by him the faid Robert Frith to the faid Robert Emerton the apprentice fo as aforefai4 adminifteied, delivered and applied 3/. lo^f of lawful money of England to wit, at IVeftmir.Jltr aforefaid in th.e county aforefaid, whereof he the fame IVilluim atterwards.io wit, the fame day and year abovefaid, there had notice: And whereas alfo the faid IVil- liavi ihe fame day and year abovefaid at W^p/?;.7;«y,Vr aforefaid in the county aforefaid was indebted to the laid Rofert Frith in other 3/. \os. of lawful money of Enghmd., for money by the faid Robert Frith to the life of the (aid li'iHtam and at his fpetial inftance before then expended and laid out ; and bein? fo therein indebted the fame IVilliam in confidcraiion thereof afterwards, to wit, the day and year abovefaid, at WLftvtirifier aforefaid in the county aforeiaid, afluiited upon himtelf, and to the fiij R'jb?rt Friih then and there faiihfuHy proniifed, that he r 2e ] the fime /F;7//rtOT the 3/. 105. laft mentioned to the fame Robert F>iih, when he fliould be thereto afterwards required, would well and faithfully pay and contept : Neverchelcfs the faid IVilliam his feveral proiniles and affumpticr;s aforclc-id not re- garding, but contriving and fraudulently intending the fame Robert Frith in this behalf craudy and fublilly to deceive and de- fraud, the faid fcviral fums of money, or any penny thereof, to the fam? Robert Frith Caliho' to do it he was by the faid Rjbert Frith afterwards, to wit, the firft day of "Jutu in the year of the Lord 1699 abovefaid, and often afterwards, at IVeftminflcr'&.io'ct- faid in the county atorv.faid required) hath not yet paid, or an^ ways for the fame contented, but the faid William hitherto to pay him them, or for the fame any ways to content, hath altogether refuled, and yet doth refufe, to the damage of the 'faid Robert zol. And therefore he produces ihc fuit, Sc, . Brown A(^Ion on the cafe. 25 Brown and Gary. MlcIJ',tov;\t, yOfeph Bro'wn doaor of phyfic complains of jj^'J^^l^^ J Martha Caiy, otherwife King/hn, in the cui- ^j^^ toJy of the niarlhal, £ifr. for ihis, to wit, that whereas the faid Ala: tha on the fixth day of 'June in the year of the Lord i 706, at W'fitnir.f.cr in the county of Middlejex aforefaid, was indebted to I he lame Jofe^h in i?/. of good and lav.iul money ofErglir.J, for his work and labour by the hiia J'Jeph at the fp^ciai intlance and rcautd of the faid Ma: tha before that tin^e in an.i about the viuiing, curing and healing the faid Martha of certain difoafes and paics wherewub the fame Martha vjzs fick and lan^uiflied, ap- plied and bellowed} ana bein^j To therein indebted the lame Mar- tha in confideraiion thereof afterwards to wit, the lame day an i year aforelaiJ, at W>j}rn'wjler aforefaid in the county aforcfaid, afTuraed upon herlelf, and to the fame Jofefh .hen and there taith- fully promiled, that flie the fame Marthaihc faid 12/. to the fame 'jo/efh, whtn he fhould thereto aiierwards be rtquired, wel) and faithfully would pay apd content ; And whereas alio the faid Mar^ ^antum r-t^ tha afterwards, to wit, the fame day and year abovefaid .at IVsjl' ruit. piinjler aforefaid in the county atorelaid, in confideration that he the faid Jofefh, al the hke fpecial inftance and requeft of her the fai'-l Martha b.^fore the time laft mentioned, other his v/ork and labour had b^ftowed and applied in and about the vifiting, curing and healing the faid Martha oi certain other difeafes and pains wherewith the faid Martha had been fick and languifhing, aflum- ed upon herfelf, and to th " fame Jofeph then and there faithfully promifed, that flie the fame Martha fo nmch money, as he tha fv>iu Jofeph therefore reafonably deferved to have, to the fame Jufephy when flie fhoul-'. be thereto afterwards required, well ani! faithfully would content an,i pay : Neverthelefs the faid Martha her fevcril promifes and afllimptions aforefaid in form aforefaid insde not regarding, but contrivii^g and fraudulently intending the faid Jojep^h in this behalt craftily and fubtilly to deceive and de- fraud the laid feveral fums of money, or any penny thereof, to the lame Jofe; h hath not yet paid, or him for the lame hath hi- therto any ways contented, (altho' to do it the faiJ Martha af- terwards, to v/it, 7th day oi January If the year of the Lord 1706 abovefaid and often afterv.ards, at IVeJlminjUr aforefaid in the county aforefaid bv the faid Jofeph was required,) bur the fame to the faid Jofeph hitherto 10 pay, or for the fame any way to content, harh altogether rei'ufed, and yet doth refuft j whereby the fiime Jfeph favs that he is prejudiced, and has damage to the value Cif 30/. And iherefcfc he produces the fui:, Cff. Wright and Marline. London f\o^\x, ID^.marJ iVright complains of George Marline in Affumpft by « the cuftoily of the marfhal, l^c. for this, to wit, phyrKnin for thai whereas :hc faid GVsrre'oa ihc fourth day of June in the year '["""S '^^.|<^"- • J J J dani'd wiic of a Ok lunacy. 2St Averment. [ ::6 ] JnMitat'' for ■work and la- bour and mo- uej expended. A<^Ion on the cafe. of the Lord 1696 at London aforefaid, to wit, in the parifli of St. Mary-le bozv'm the ward o^ Cheap, in confidcration that the fame Bernard being then and there (kilful in the art of phyfick would then and there, at the fpctial inftance and requcft of the faid George, life and employ his heft endeavours to heal and cure "Jone Marline, wite of the laid Geoige Marline, of a certain infirmity of mind or lunacy with which the faid Jane was then and ihere greatly *)iil:urbed in her mind, and grievoufly languiflied, and the faid Jane reftore to fanify of mind, afTiimed upon hiinfelf, and to the fame Bernard then and there faithfully promifed, that he the fume George the fuzn of 10 /. of lawful money of England to the fame ^e-r/T/Wfor his pains and induftry in and about the healing and curing of the faid June of the laid infirmity, when that cure ihould be performed, and the faid Jane (liould be rertored to fanity of mind, well and faithfully would pay and content: And the fame Bernard in faft fays, that he giving credit to the promife and afliimpiion of the faid George in form aforefaid made, after- Wards, to wit, the fame day and year abovefaid, and at all neceflk- TV times then after, until and upon the 21ft day ot Seplember in the year of the Lord aforefaid, at LoWarj aforefaid in the parifli and ward aforefaid, his pains, labour and endeavour did ufe and em- ploy to heal and cure the faid J^n^ of her infirmity of mind and lu- nacy aforefaid, and afterwards, to wit, the faid 21^^ day oi Sep- tember in the year of the Lord abovefaid, at London aforefaid in the pariili and ward aforefaid, the faid cure there did perform, and the faid Jane to fanity of mind did reftore, and thereof the faid Gm-^e then and there had notice: And whereas alfo the faid Gfor^e afterwards, to wit, the faid 21ft day of ^f^/fwi'^r in the year of the Lord abovefaid, at Z-oWow aforefaid in the parifh and ward aforefaid, was indebted to the fame Bernard in other 10/. of lifce lawful money oi England, as well for other work and labour cf the faid Bernard, by him the faid Bernard {ct the faid George^ and at the fpecial inftarce and requeft of the faid Gtcrge, before that time done and performed, as ior divers fiims of money of the faid Bernard, bv him the faid Bernard 2i the like fpecial inftance and rtqueftcf the faid George for the fame George before that time laid out and expended: and being fo therein indebted the laid Gfo»^f in confidcration thereof afterwards, to wit, the fame day and yearlaft abovefaid, at Z,ow,/5« aforefaid in the parijli and ward aforelaid, affumed upon himfelf, and to the i&mc Bernard ihtn apd rhere faithfully promifed, that he the fame George the faid 10/. laft mentioned to the fame Bernard, v.-hen he fliould be thereto afterwards required, well and faithfully would pay and content : Keverthelcfs the faid George\\\& feveral promifes and affumprions aforsfsid in form aforefaid made not regarding, but contriving and fraudulently intending the fame 5e;77/7r// in this behalf craftily and fubtt'.iy to deceive and defraud, the faid feveral fums of money or any penny thereof, to the fame Bernard hath not paid, nor him for the fanie, or any part thereof, hath any wa/ contented, (altho' to A6Hon on the cafe." to do it the fame George afterwards, to wit, the fame day and year laft abovefaid, at London aforefaid in the parifh and w ard at'orefaid, was by the faid ^frnar^ required,) but to pay him them, or for the fame any way to content, hath hitherto altogether refufed, and yet doth refufe j whereby the fame Bernard fays that he is pre- judiced, and hath damage to the value of 40 A and therefore he produces the fuit, iJc. Deacon and ami her and Fell. London, to wit. TJ/'lUiam Deacon and Richard Sinpleft exe- outers of the laft will and tcftament cf M^illiam Goffe deceafed, complains of John Fell in the cuftody of the marilial, l^c. for this, to wit, that whereas the faid IVjlHatn Goffe in his life time, to wit, the 10th day oi December in the year of the Lord i70(, loaded in and upon a certain lliip called the Thomas and Elizabeth, whereof the faid John was then mafter, then riding in the nv^r ^Sherboro in Guinea'm Africa in parts beyond the feas, the goods and merchandises following, to wit, two tons and 300 pounds weight of red v/ood, 104 large elephants teeth weighing 2500 pounds three quarters of a hundred pounds and fe- venteen pounds, 59 fmall elephants teeth, weighing one hundred pounds three quarters of a hundred pounds and eleven pouuds, to the value of 500/- of lawful money of England, in good order and well conditioned, from thence to be tranfported, and by him the faid John Fell to the faid fVilliam Goffe at the port of London afore- faid to be delivered, the danger of the feas and the reflraint of princes excepted, at the rate of 6 /. by the ton, by the faid IVilliam Goffe to the faid John therefore to be paid : The faid John in con- fideration of the premiffes afterwards, to wit, tbe fame day and year abovefaid, at London aforefaid, to wit, at the parifli of St. Mary-U-boiv in the ward o{ Cheap, aflumed upon himfelf, and ta the fail IVilliam in his life-time then and there faithfully pro- mifed, that he the fame John the goods and merchandizes afore- faid from thence would tranfport, and to the faid IVilliam Gcffe at the port o\ London well and faithfully would deliver in the like good order and well conditioned, the danger of the feas and re- ftraint of princes excepted : And altho' the fhip aforefaid, with the goods and merchandizes aforefaid thereon loaded, afterwards, to wit, the 2d day of 'V/rtrf,^ in the year of the Lord abovefaid, at the port o{ London aforefaid, to wit, at the parifh and ward afore- faid, f;ifcly arrived, and altho* the danger of the feas, or the re- frraint of princes did not hinder, and altho' the faid M'^illiam Goffe in his life-time, and the faid William. Dfwow and Richard z]v;ay$ after his death and hitherto were ready to pay to the faid John ac- cording to the rate of 6/. by the ton, for the tranfportation of the goods and merchandizes aforefaid : Neverthelefs the faid John con:r;ving and intending the h\d William Goffe m his life-time, and the faid William Deacon and Richard, after the death of the faid William Goffe, oi ihc goods and mercbandiacs aforefaid craf- iiijr 26 Cafe by exe- cutors againft the maflcr of a fhip for goods tranf- porttd by hiia fiom Guinea to Louden for hiie. 261 Adion on the cafe. tily and fubt'i!])' to deceive and defraud, the goods and merc'ian- tlizes aforcTaid to the laid M'illtam Goffe in his life-time, or to the fame Ifillinm Deacon and Richard^ ox either of them, afier the death <;f the faid IFillimn Goffe, hath not delivered, altho' the faid Jchn to deliver them to the faid H'illiam G"§e afterwards, to wir, the faid fecond vay of Marc/i in the year of the Lord abovel'aid, at London fiforcfaid in the parilh and ward aforefaid, vas required ; and ah ho' the faid Jy/i?: after the death of the faid l'/ii!i.im Go/ft:, to wit, the fecond day oi April in the year oftheLord 1702, at LonJon aforefaid, in the parifh and ward gloiefaii!, 10 deliver them to the faid William Dencon and Richard was required, but the fame to deliver u:uo them hath hitheito altogether refufcd, and yet doih refufe ; whereby the fame IVil- r 27 1 liam DeacM ami Richard fay they are prejudiced, and have dama^^e to the value of 500'. and therefore they produce thtj fuit, Ifi. And the fame IVilliam Deacon and Richard produce hi-re in court the letters teflamentary, of the faid li'illiarn Gojffey whereby it fuiiiciently appears to the court here, that the faid fi'il/ia-n Deacon and Richard are executors of the will of the faid William Goffe aforefijiid, and thereof have the aduiiuiilra-' tion, Cff. Jjumpjit by an jl^Z/J^'^ {q ^Jt. (jihirks lord C. exccutor of the will »f Dorothy aiKjrney aga^n^^ ccuniefs dowager of ^rran deceafed, was at- tor forhisfces tached to anfwer y^. //. gent.one of theattorniesof the court of the «&V. in law and lord the king of the bencii in a plea of trefpafs on the cafc.^f. And equity, as attor- whereon the faid y^«//^owj in his proper perfon complains, that myandlolicitor ^j-n-^gas the faid dowager in her life-time, to wit, the 1 x\\\ day of December \n the year or the Lord 1716 zxU elimitijiery\n conlider- ation that the fame Anthony (being then and long before and aiierwards an attorney of the court of the faid lord the king of the bench here, to wit, at IVeftminJler aforefaid) at the fpecial inilance and requell ct the faid countefs, ieveral fuits.caufes and actions in law and ec;u;!y, and divers difficult and important aftrtivs for the faid countefs, and according to her order and ap- poincmf tit, well, faithfully and induftrioufly, had defended and ^pccia: .Cva.n- lo i^ired, and had managed, carried on, done and performed, and by tl:at means great funis of money had laid out, depofited and paid, afiun'.ed upon herfelf, and tothefaid Anthonylhen and there faithlully promifed.to pay to the fame Anthony all fuch funis of mo- dlv a.s the faid Anthony (o as aforefaid had laid out, depofited and paid, and what he for his fees, induftry, care and labour in and ^ji'.r.r mer"- about the preniiiTes, reafohably deferved to have: And the fame Anthory in faQ fays, th;it he, before the faid time of the proinife and alTumpiion aforefaid made, had by that means as is atorefaid laid our, dcpofittd and paid, and for his fees, induftry, care and labour in and about the premiffes, reafonably deferved to have of the faid coun(ef> divers fums of money, amounting in the whole to 46/. 1 95. 9.'/. whereof the faid countefs atterwards, to wit, the fame day and ysar, at IVeftmir.fiir aforefuid, had notice : And whereas A£llon on the cafe. wl-.ereas alfb the faid countefs afterwards, to wit, the i^tli Jay of Decetnber in the year abovcfaiiJ, at IVejiminJler afordiiil, was indebted to the faij Anth.vy, (being then and long before and afterwards an attorney of the court of ihe lard lord the k'ng of the bench aforefaid here), in other 46/. 19 y. 9 r/. for ni< ney hy the faid Anthony for the laid countefs and at her requeft in and about feveral actions, caufes and fuiis in law and equity, and the bufinefs of the faid countefs before that time depofited, laid out and paid, and for his lees, induftry, care and labour in and about the defence, folicitation, carrying on and management of theaflions, caufes, fuits and bufinels aforefaid, by him on the behalf of the faid countefs and at her requeft, before that time done and performed : And being fo therein indebted the faid countefs the fame day and year abovefaid at IVsjhninjicr afore- fdid, in confideraiion thereof, alTumed upon herfelf, and to the fame Anthony then and there faithfully proinifed, that fhe the faid countefs the fame fum of money lafl: mentioned to the fame Anthony would well and faithfully pay and content : Neverthelefs the faid countefs in her life-time, and the faid lord after the death of the iaid countefs, the feveral promifes and aflumptions of the faid countefs not regarding, but contriving and intending the faxne Anthony in this behalf craftily and fubtilly to deceive and defraud, the faid feveral fums of money, or any penny thereof, although often requir^-d, to the fame Anthony have not paid or any way contented, but to pay him them have refufed, and the faid lord to pay them to the fame Anthony doth yet re- fufe, to the damage, i^c. 27 InJehitat\ Breach of pro- mife. This judgraent was reverfed, the writ of in- quiry being ex* tcuted on z. Sunday. Salt. 6l6. ]Midd\ to wit. n^Homas B. late of London, gent, and Hannnk InJehhaf his wife, were attached to anfwer to George F. againft a t1iirr oi t. e ^ atrachcti to snl'wcr lo (he governor ;inv.l compa- i[jni/it luch flieep, as in and upon their (aid kveral clofes refpeftivcl v were bought, fjId or exp'f- ed fo fale : And whereas the fume JohnTeny now is, and for divers years nov/ laft pall was, poflefT-'d ot the faid clofe of the f-ii.i dean and chapter, and of ihc-ir part of the fair alorefaid, as their farmer and under tenant thereof for a term of year? v/hich is rot vet paflld : And whereas thy faid J^hn Sitnp- Vol. I. ' E Jtn 30 A(^ion on the cafe. fon now is, and for divers years now laft elapfcd was, alfo lawful- Jy poltL-ni'J oftlic faid other dole of ihelald Stephen Terry, and ot his part of the faid fair, with the appurtenances likewifc, as his larmer and undertenant thereof: And therefore they the (aid ^ohn Terry and Jo//« Simf'fjn the whole profit of that fair between tJieni refpeftivcly, fo as aforcfaid, for all the faid time Hiould and ought to have and receive : Neverthelefs the laid John Page^ h'uihanicl, i^c. the preniiircs well and fufficiently knowing, but contriving and fraudulently intending the laid Johii Terry and Johrt Simpfon unjuftly to opprels, and o\ and in the toll and profits of the laid fair greatly to deprive and hinder, lately, and a very fhort time before their faid fair in and upon their faid clofes ought to be held, a certain new fair for flieep, without any lawful warrant or authority whatever, at the parilli of Herri^rcixn tlie county afore- faid, near the faid clofes where the faid fair of them the faid John Terry and John Simp/on had been and was to be held as aforefaid, levied and creded to be held yearly, and that new fair at the fame parilli unlawfully and injurioully held and kept; in which faid new fair, by the fame John Pugc, Natrinniel, l^c. fo erefted, levied and kept, very many llieep were bought, fold, and expofed to fale, and the faid John Pfge, and Nathaniel, iffc. great funis of money for toll thereof there took and had, to the prejudice, de- trim -nt and great hurt of the old fair of them the faid John Terry and John ■Simpfon ; and the laid J. T. and J. S. thereby the toll, (lallage, flieep-pens, profits, commodities and emoluments, which of and in their faid fair they might have received and had, did lofe, to the damage of the faid J. T. and J. S. to/. And therefore they produce the fuit, b^c. John/on and God/on. AJJumpJit for tgndony to wit. ^imesjohnfon complainsof 5a/«Mf/G(j^«in cnf- teer and ale. J tody of the ^^n{ox\ iA Ludgate in the cityof Z,o«- din, for this, to wit, that whereas the faid Samuel the firft day of Of toher in the ninth year of the reign of the lord IVilHam the third, now king of Englnml, l^c. at London aforefaid, to wit, in the parifh of St. Mary-le-hoiM in the ward of Cheap, was Indebted to the faid James in i;o/. of lawful money of England, for beer and ale by the fuid James to the fame Samuel and at his inflance before that lime fold and delivered; and fo being therein indebted the fame Sa- muel in confideration thereof afterwards, to wit, the fame day and year abovefaid, at London alorefaidin the parilli and ward aforefaid, afl'umcd upon hiiiifelf, and to the fame James then and there faith- fully promifed, to pay him that fum : And wtisreas alfo the faid I S' J Srimuel afterwards to wit, the fixth day of Ocfober in the ninth year i^flff.' .' ir. abovefaid, at £.o;;^(j;i aforefaid in the parifli and ward aforefaid, in confideration that the faid James, at the fpecial inftance and re- queft of the faid Samuel, before that time had fold and delivered to the faid Samuel other beer and ale, affumed upon himfelf and to the faid James then and there promifed, to pay him fo much money A6Hon on the cafe/ 31 money as he therefore reafonably deferved to have : And the faid 'James in fafl fays, that he therefore reafonably deferved to have other 50/. of like money, to wit, at London aforefaid in the parifli and ward aforefaid ; whereof the faid Samuel the day and year laft abovefaid there had notice : Neverthelefs the faid, lf!c. James and Englefidd^ Bart. MiiU\ to wit. TJ/'llliam James, efq; complains of Charles ^Jfui^pftt ^^ EnghfieU, bart. in the cuftody of the mar- ^gainfl the huf- ihal, ^c. for this, to wit, that whereas the faid Charles, on the id and lodgi^Tof day of June in the fifth year of the reign of the lady the now queen, his wife! and at the parirti of 5t. James's lVeftmiriJier\n the county of Middle fex rnoni s lent her aforefaid, was indebted to the fame H'i/liam in lOo/. of lawful and laid out to d for money of this kingdom for meat, drink, wafliing and lodging, ^f "'^^ *°5 U L /- - 1 trrli. c-r ^ r i • r r, 5 ° Clothcsand by the laid William James before that tniie tor one Sufanna money expend- Englefield the wife of the faid Charles, at the infiance of the ed in her func- faid wife while fhe was the wife of the faid Charles, found and •■*'• provided, and for money, by the faid IVilliam James to the fame ^^^^' *2'* ^:ifanna, the wife of the faid Charles, lent in and about her ne- celfary bufmefs to be expended and by her fo expended : And being fo therein indebted the fame Charles in confideratioa thereof afterwards, to wit, the fame day and year, at theparifh aforefaid in the county aforefaid, afiunied upon himfelf, and to the fame IVilliam James then and there faithfully promifed, to pay him the fame fum of money: And whereas alfo the faid ^uant* mer*^ Charles afterwards, to wit, the fame day and year, at the pariili aforefaid in the county aforefaid, in confideration that the faid William James at the inftance of the faid wife and in the ab- fence of (he faid Charles, before that time had found and pro- vided for the fame wife of the faid Charles other meat, drink, wafhing and lodging, and divers other neceflaries for her necel- fary apparel, aflumed upon himfelf, and to the fame IVilliam James then and there faithiully promifed, to pay him fo much money as he therefore reafonably deferved to have ; And the fame IVilliam James in faft fays, that he therefore reafonably def';rved to have ot the faid C/^.^r.Vx another fum of loo/. of like lawful money, to wit, at the parifli aforefaid in the county aforefaid, whereof the faid Charles afterwards, to wit, the fame ut the luneral of the laid Hufantia Lite wife ofihe faij Charlts, had paid and laid out the (um of too/, at the pari/li aforefaid in the county atorefaid, whereof the faid Ch.irles afterwards, to wit, the fame day and year lafl mentioned, there had notice : For money li id And wheroas alfo the faid Charles afterwards, to wit, the firft out to the rie- day of December in the year laft abovefaid, at the parilh afore- tcndint!. ule- f dd in the county aforefaid, was indebted to the fiid lVillia?n James'xu another i oo / of like lawful money by the faid IVilliu'rit to the ufe of the faid Charles, and at his inftance, b.fure that time laid out and paid: And being fo therein indebted tlia f^ime Charles in confuieration thereof afterwards, to wit, the fame day and year, at the parifli aforefaid in the county afori faid, alFumed upon himfelf, and to i\\^ diwi I'Villiam then and there • jr 1 .u. f.iithfully promifed, to pay him the fame fum of money ; And And for clolhf 5 \r \ r- \ ii/ir -t • i it • r i /- • . boui;lit the wife whereas alio the Uui yVilliam jomesy in the lire-time ot the laid for cwo years Sufunna ihe w\ie of (he laid C/'rtr/^j and while fhe was fo his wife, had found and provided for the fame Sufanna other meat, drink, wailiing, lodging and clothes, for the fpace of two years, and had paid and laid out for the faid iSufanfui divers other funis of money for divers other things whereof llie had need, amount- ing in the whole to the fum of 50/. of lawful money of this Who dred in king.lom, and a!fo had lent to the faid Sufanna in her life-time ' Jor her neceliary iupport divers other lums 01 money amount- ing in the whole to the fum of other 50/. of like lawful money of this kingdom : And whereas the faid Sufanna afterwards, and before the faid IVilUam James was paid or fatisfied for the faid meat, drink, wafliing, lodging and clothes, or any part thereof, to wit, the f.rfl; day of /?;<_j^?. knt. at that day returned, that the faid Charles Evglefield was not found in their bailiwick, as by the records in the court of the faid ladv the queen now before the queen herfelf here, to vnt, at IVeJlmir.fler alorefaid, rcuiaining more fully is manifefl and appears : Which faid precept and the fevf ral aforefaid writs againft the faid Charles EngltfitlJ, at the fuit of the faid IVilliam as aforefaid profecuted, were profecuted with this iuient that the faid Charles might be taken, and to the cuftody of the marfhal of the Mar/halfea of the court of the faid lady the queen, before the queen herfelf, cominitted, and that the laid IVilliam might thereupon exhibit his bin againft the faid Charles, and him implead, for the recovery and obtaining of damages by rcafon of the non-perforraance of the feveral promiles and afi'umptions aforefaid in the declaration of the faid IVilliam zioTQ(:iid abovementioned, according to the ufc Adion on the cafe. 33' ufe and courfe of the faid court and cuftom aforefald : And the laid William accor.ling to his intention aforefaid afterwards, to vit, in the faid Ttinity term in the 8th year of the reign of the faid lady the now queen, by liis bill aforefaid againrt the laid Charles Encltfield in form aforefaid hath declared, for the reco- very and obtaining of the damages aforefaid in his bill aforefaid contained : And the fame Wiilium farther fay;, that the faiii Charles, within fix years next preceding the profecution and ifTuingof the faid writ of Latitat of the faid lady the now queen, aflumed upon himfelf in manner and form as the faid IVilliam above againft him complains : And this he is ready to verify : Wherefore he prays judgment and his damages by reafon of the non-ptrformance of the feveral promifes and afiumptions afore- faid to him to be adjudged, tffr. With this, that the fame IVil- Averment that lia7n will verify, that the feveral caufes of aftion in his bill afore- 'l'^ ""'^ Jn' ^.. . •'. J iir 1- c ^ r tion in the bill laid abovementioned, and the ieveral writs out oi the lame court ^^j ^rits are here againft the faid Charles, at the fuit of the faid William pro- the fame. fecuted, were and are one and the fame caufe of aftion, and not orhernor divers, and that the faid William now plaintiff in the declaration aforefaid abovenamed, and the faid William in the faid feveral writs above likewife named, are one and the fame perfon, and not other nor divers, and that the faid Charles in the declaration aforefaid above named defendant, and the faid Charles Ertglefield in the faid feveral writs above likewife named defendant, are one and the fame perfon, and not other nor divers. And the faid Charles favs, that he the fame Charles, within ^f^oinfer, did r > J- 1 r ■ J -/r • r \ /- • 1 not ailume lix years next preceding the profecution and illuing of the faid ;„ fj, ycara be- vrit of Latitat of the faid lady the now queen in the replica- fore the iffuing tion of the faid William abovementioned, did not affume upon of the writ, himfelf in manner and form as the faid Willitim above againft him complains : And of this he puts himfelf on the country ; And the faid Wiilium thereof likewife, 'dc. Therefore let a jury thereon come betore the lady the queen at Wefrmirjler on day next after And who neither, (^c. to recognife, ISc. be- caufe as well, If^c. The fame day is given to the parties afore- faid there, i^c. Winter and Wilfon. London, to wit. J\J Winter complains of B. Wilfon in the ciiftody ^If<"»pf'' f^>" ^'^^ of the marfnal, dc. for this, to wit, that ^^'^'Shtand whereas the faid B. on the ift day of December in the 6th *^'-"^'^' year of the reign of the lady Anne now queen of Crfat-Britain^ ^■Jc. at London aforefaid, to v.if, in the p;irilli of St. Mary le-hoi^j in the ward of CZ/fr//., in confi.lcration that he the fame ;V. at the fppciaiinllanceand rcciueft ofthe faid B. had tranrported for the laid B. divers gooiis and merchandizes in and upon a certain fliip called The Kmfr William galley (of which faid iliip the faid N. Winter was mafter) from parts beyond the fcas to the port of £ 4 London 33 1 Adion on the cafe. ♦ itii': agrees J^nJon aforcfaiJ, * the faiDC B. in confidcration thcicof after- v'lth the otiti- vvanls, to wit, I he fame day and year abovtlaid, at 1 ar.t/jn afore.- ''*'• fiid in the parifli and ward aforefaid "*, aiiumed upon himfclf, and to the fanit A', then and there taiihtuily promifeJ, that he the fiiiic B. all fv;ch fums of money lor the Ireiglit of the gooi's and merchandizes aforcfaid, as he the fame A', therefore rtafonably deferved to havr, together with primage and average therefore accuftomed, to the fame A', when he lliould bethereto afterwar s required, well and fa.thfully wouM pay and content; And the fame A', in fact fays that he the ftiiic M. for the freight of the goofcls aad inert haniiizes aforcfaid, together v^iih primage and average therefore accuftomed, reafonably dtf^rved lo have 7^/.!^ ge^. of lawful money of Irit^lafiJ, to v.it, at J.ofJofi aforcfiid in the parifli and ward aforcfaid, whereof the faid B. then and there had notice : And v\hereas alfo afterwards, to wit, the fai! f.rll day of Detet;.l?er in the fixth vear abovefaid, at lon- tlou aforciaid ir the pariili and ward aforefiid, the faid B. was ia- tiebied to the fame A^. in other 73/. \s. 9,/. of like lawful money cf £/7^ /; before mentioned John in \vs life- time, and at the fpscial inftance and requeft of the faid Rcieit, btforethat time there fold and delivered; and the faid Robert being fo therein indebted, he the tame Robert then and there in cunfuieration thereof ifTumed upon hiiiifelf, and to the fame Rich- ard and the before mentioned John in his life-time then and there iaiihfullv prcmjied, that he the fame /?0i^f;7 the laid 20/. to ihe f ime Richard and the before mef tioned John in his bte- time, when he fliould be thereto afiervvpn.'s required, well and faithfully v/oul^l pay an., conten' : And whereas alfo (the other eou't as the ca/e isj: Neverthelefs the faid Robert his promifes aHvi afflimptions aforeiaid in form aforefaid made not regarding, but contriving and fraudulently intending the fame Richard ami the before nam^d J>j,':n in the lite-time of the faiJ John, and the fiid Richard -iiier the death of the faid John, in this behalf craftily and fubtilly to deceive and defraud, the faid feveral fums of mo- ney, or any penny thereof, to the fame Richatd and John in the life-time of the bs:fore named John, or to either of them, or to the fai 1 Richa.d ^fler the death of the before named John, hatk not paid or any way for the fami- contented, (although to do it the faid /?&/^er/ by the faid Rich.ird znA Johnxn the life- time of the faiii John, and the faid Robert after the death of the faid John, was often required,) but the faid Robert to pay them to the faid Richard and John in the life-time of the faid John, or to the fame y^/V/^/^;!.-/ after the death of the faid John, hath altogether rcfufed, and the faid Robert them to the faid Richard yet to pay doth ret ufe, to the damage of the faid Richard Eaji t^oI. And therefore he produces ttie fuit, l^c. ' , Eaji and PFeJi, MidcP, to wit. TT/'Uliam EaJi complains of Thomas WeJ} in Affumpft the cuftody of the marfhal, l^c. for this, agaimu fur- to wit, that whereas the faid Thomas and one Francis Doe now ^'^'"S ^*[^' deceafed, (whom he the faid Thomas furvived) on the zd day of g & 9 w. 3. T'^n^- in the year of the Lord 1708, at IVeJIminJier \n the courty Praa.Reg.39S. •aforefaid, were indebted to the fame IVilliam in 30/. of lawful money of Great Britain, for divers goods, wares and merchan- dizes, by hiiii iht: fz\d IViI/i am to the (ams Thomas and Framis in the life-time of the faid Francis, 'and at the fpecial inftance and requefl: of th?m the faid Thomas and Francis, before that lime fold and delivered ; and being fo therein indebted they the fame Thomas and Francis, in the life-time of the faid Francis then and there in confideration thereof, aflumed upon themfelv s, and to the fame lyUliam thc-n and there faithfully promifed, that \hcy the faid Thmas and Francis in the life-lime of the faid Franda 23 A (51 ion on the cafe. Francis the faid 30/. to the fame William, when they flioultl be thereto alicrwanls re(|iiired. well and raitht'ully would pay and content : And whereas alio, i^c. (other counts as the cafe re- tjuiits): N evert helcfs the faid Thomas and Francis in the life- liirip nt ihc faid Francis, and the (aid Fliomas after the death of the laid Fmmis, their levcral proinifes and afTuinption"; atorefaid in for;n atorelaid made not regarding, nor either of them any wav rci^arding, but contriving and iraudulently intending the fame IVillium'm lliis boh. ill craftily and i'ublilly todcctive and de- iVaud, the laid fcvcral funis of money, or any penny thereof, to the fame Ifillia/.i have not paid, nor hath either of them paid, shho* to do it the fame Thomas and Francis in the lite-time of the faid Francis, afterwards, to wit, the day of in the vcar at H^c/lmirjler aforelaid in the county aforefaid, and the laid Thomas after the deceafe of the before named Francis, to wit, the day of in the year abovefaid, at H^eflminjicr aforefaid, by the faid li'illiam v/ere required, but the faid T/?owr/j . and Francis in the life-lime of the faid Francis, and the faid Thomas after the death of the faid Francis, them to the faid Jniliam to pay, or any way for the fame to content, have alto- r ,- "j gether refufed, and the faid Thomas them to the fame William hitherto to pay doth altogether refufe, to the damage of him the faid IVilliam 40/. And therefore he produces thefuit, ^c. Brook and Tayler, Cafe far mallei- London, to wit. TJCmy Brsok the younger complains oi John ouffy arrciVing ■* Tayler in the cuftody of the marflial, l^c. plainti;] in the f-Q^ j.|^;j^ ^^ ^jj^ jj^^j whereas the faid John contriving and mali- %« here the Mufe cloiifly intending the Came Henry unjuftly to injure and opprefs, vriTcmovedby and to caufe him to be kept and detained in prifon for want of JJ^hcas Corpus: bail, on the 23d day of November in the 12th year of the reign iiuo the King's ^f d^g J^jiy ^;j„ late queen o'i Great Britain, l^c. at London aforelaid in the parifh of St. Mary-le-hovj in the ward of Cheap, and within the jurifdiftion of the court of the faid lady the late queen, held before J. Sharpe, efq; one of the flieriffs of the city of London, did caufe and procure him the faid Henry to be ar- rofled and imprifoned by pretence and colour of a certain plaint in the faid court of the (aid late lady the queen held before the faid flieriff at London aforefaid in the pariib and ward aforefaid, the fame day and year, at the fuit of him the faid John in a plea cftrefpafson the cafe, to the damage of the faid John 500/. againR him the faid Llenry entered and levied, when in truth and in fatl the (aid John, at the faid time of the arreft and imprifon- nient aforelaid, had no probable caufe of aftion againft him the faid Henry, and the faid llenry, under that arreft in prilon at ioWon aforelaid in the parifh and ward atorelaid, al- ways from the time of the arreft of the faid Henry aforefaid until andupcn the lOth day o{ December in the I2ih year of the reign of the faid late queen abovefaid, did caufe to be detained for v."an£ of Bench. Adion on the cafe. 3$- of (ufficient bail and fecurity to anfwerthe fakl John in the plea aforelaid for the faid great pretended damages ; on which faid Hahai Ccrf>»t loth day of Deamber in the 1 2th year abovefaid, the fame Henr>y, lued o«c. by virtue of a certain writ of the faid late queen to have the body with the caufe, to the mayor, aldermen and ilierif!» of L9' don direded by the beforenamed J. Sharpe, and one Francis Forbes, efq ; then being fherifis of Z-sw^on atorcfaid, was brought in cuftody before Robert Eyre, knt. then one of the jaftices of the faid late lady the queen, alfigned to hold pleas in the court of the faia lady the queen before the queen herfelf, at his cham- ber fuuate in Sergeants Inn in Chmce>y-lane in the pariHi of St. DunjUn in the // tji in the ward ot FarnngJon without, and then and there, for want of bail and fecurity to anfwer the faid John in the plea aforefaid, was by the fame juflice committed to the cuftojy of .the marftial, li'c. at the fuit of the faid John in the plea afor-faid, as by the writ to have the body of the faid Henry and the return thereof, and the commiriiient of the faid ^, Henry in the court of the lord the king, now before the king hinifelf at Wejlminjier remaining on record filed, is more fully manifeft and appears ; by virtue of which faid commitment M. C. efqj then marflial of the Marjhnlfea of the faid court of the faid late queen belore the queen herfelf afterwards, to wit, the faid loth day of December in the i2th year of the reign of the faid late lady the queen abovefaid, him the faid Henry into his cuftody received and had, and him the faid Henry into his cuftody in the faid prifon of the faid late lady the queen always from thence af- lerwar s until the 14th day of OSt.ber then next following, for want ot bail to anfwer the faid John in the plea aforefaid, did de- tain without any bill or declaration againft him the faid Henry'in the caufe aforefaid exhibited, delivered or filed in the faid court pialntifFnot dc« of the faid late lady the queen before the queen herlelf, and daring was without any profecution whatever in that caufe or adion ; There- non-fuued- fore it was confulered by the faid court of the faid queen before the queen herfelf, that the faid John fbould take nothing by his plaint aforefaid, but that he and his pledges, to wit, John Doe and Richard Roe, fhould be thertfore in mercy, and that the faid Henry might go thence without day : And on that account the fame Hemy afterwards, to wit, the fame day and year lafl mentioned, by virtue of a certain writ of the faid late Iaiii) the faid John at the fpccial inftance and requed of the faid J.f'l/Ilani in and about the curing of one E/Iixjard Hen(h, the fon of the faid IVi/liam, of divers infirmities and pains wherewith ihe faid Eu'ivari^/ h^:(ore that time laboured and languilTied, found, provided, applied and adniinillered, as for the work and labour of the laid J'oh'i in and about the application and adminiftration of the medicaments, plaifters, ointments, fomenta'ions and other receflaries ro thp faid Eihvard by him the faid John done and performed ; and being fo therein indebted the fame IVillinm in confideraiion thereof aflumed upon himfelf, and to the fame John ihen and there faithfully promifed, that he the fame William the faid 30/. to the fame Jc/(4w, when he/hould be thereto afterwards |-equired, v/ouhl vvelland faithfully pay and content: And whereas flho the faid //;//;'«//; afterwards, to wit, the fame day and year abov.faid, at Loidjn aforefaid in theparilh and ward aforefaid, in confideran-'n that the faid Jthn at the like inRance and rcqueft of ihe faid V/fliicim had at the proper ccfts and charges of the faid John Inund, provided, applied and adminiftered divers other me- dicaments, plaiilers, olntnienis, fomentations and other necef- Aries in and about the cure of the faid Etiijcard oi divers other rtirmities and pains wherewith the faid Edixard, the fon of the /aid IVilliaw, laboured and languiHned, afTumedupon himfelf, and i;>the fame John then and there faithfully promifed, that he the ifimz H'iUium noi only fo inuch money, as the medicaments, plaifters. Adlon on the cafe. 36 plaifters, ointments and fomentations, and other things neccf- I'ary aforefaid laft mentioned, fo as aforefaid applied and adiii;- niltered, were reafonably worth, but alfo fo much money, as ihe fane To/^;; for the finding, provicing, adininillering ana applying thereof rejfcnably defcrvcd, to the fame JoA«, wlien he Ihyuld be thereto after\A'aids required, would well and faithfully pay and content : And the fame J Jin Elmes in fa6l fays, that the medi- eaments, plaifters, ointm<.nts, foiiientations and other necefTaries laft mentioned, by him^ the faid "John /o as aforefaid found and provided, applied and adminiftereJ, were reafonably worth other 30/. of like lawful money of Ei gland ; and that he the fame John for the finding and providing, applying and admin flering the medicaments, plaifters, ointments and other necefTaries at'orefaid laft mentioned, reafonably deferved to have other 30/. of like lawful money of England, at London atorefaiu in the pariiji and ward aforefaid : And thereof the (aid IVilliatn aiterwarjs, to wit, the fame day and year laft mentioned, at London aforefaid in the parifh and ward aforefaid had notice ; And whertasalfo the faid John, at the fpecial inftance and requeft of the faid Williamy at London aforefaid in the parifh and ward aiorefaid, had found and provided for the faid Ediuard Heath, the fon of the faid IViUiamf Sufficient meat, drink, wailiing and lodging for the fpaceof four months and a half, the faid IVilliam \\\ conlideration thereof af- terwards, to wit, the faid loth day oijune'm the third year of the reign of the faid lord the now king aforefaid, at London afore- faid in the parifh and ward aforefaid, affumed upon himfelf, and to the fame John then and there faithfully promifed, that he the fame IVilliam \o much money, as the fame John therefore rea- fonably deferved to have, to the fame ^o/^« viell and faithfully would pay and content: And the fame John Elmes in fact fays, that he the fame John therefore reafonably deferved to have other 30/. of like lawtul money of England, to wit, at London ni'ort-^ laid in the parilh and ward aforefaid, and thereof the fuid IVilliam then and there had notice : And whereas alfo, fe'r . (the oiher CQuni fjr goods jold): Nevertheitfs the faid Will.amy ^c. Saunders, Efq-, agalnft The Sheriff cf Middlefex. ^ ^^ ^ Mi dd\ to Vf It, 'Y'^^n Saunders, cfq; complains of S. G. bart. */ an'^ R. B. knt. late flieritf of the county of Middle/ex aforefaid [* in the ruftody of the marfhal, t3*r.] f(>r • 'pj,^,f^ ^g^ilc ih's, to wit, that whereas the faid John on the 19 h day of Odo- are not in tlic her iij the year of the Lord 1702, in the pariTti of St. C/e-w^w/ original. Danes in the faid county cf Middlefex, was pofleffcd of a bed, C»ic a<4ainft the a bedftead, a bolfter, a pillow, fix curtains, fix vallance, fix pair ^fff ^'f' c v n 1 11 I M /- ^ *^ ' dielex ior not o\ iineen Iheets, three blankets, onz quilt, a fcruiore, a fnuiT- taking fu/TKitoe box, a fet of gold buttons, two looking glafTes, a tabK-, two b«ll on « :c- ftands, a driffing-box, two large brullies, a trunk, a large cover, P'^^'"- fcven open chairs, iix cloth fuus, a riding coar, iv/Q Uo7-en of ^ffffcd'of'^ Inirts, goods in Mijt 37 A^lion on the cafe. fliirts, twenty-four neckcloths, a faddle, two piftols, three pair of boots, twelve pair ot fhoes, fix pair of ftockings, a marble chiiiiiiey-piece, fix fireftones, forty yards of wainfcot, three fa fh- windows, thiriy deal boards, a ftove, a firefhovel, a pair of tongs, a pitchfork, a pair of bellows, a clock cafe, a filver watch, a filver falver, fix filver dirties, a filver tankard, two filver porren- gcrs with a filver cover, two filver candlellicks, two filver fnuJfers, three fwords, four hats, three periwigs, a cane, a fteel fcal, a cafe of the fame feal, two night-gowns, and fixry books, to the value of 200/. as of his own proper goods and chattels ; The Hffenditits -And whereas alfo the faid Samuel and Robert on the fame day flieriffof the and year, and long before and after, were fherifFs of the fame county- county of MidJlefex, and the faid John fo of the goods and chat- tels aforefaid in form aforefaid pofTcfled, and the faid Samuel znd Robert fo as aforefaid being rtieriff of the fame county of MitI' dlejexy the duty of their faid office not confidering, but contriv- ing and fraudulently intending the faid John of his goods and chattels aforefaid to deceive and defraud, on the fame day and year abovefaid, at the faid parifh of St. Clement Danes in the faid county of MidMefex, by colour of their office aforefaid, the goods and chattels aforefaid at the parifli of St. Clement Danes Who on a pre- aforefaid being found, at the plaint ot one IVi Hi am Prefgravet tended plaint pretending the fame goods and chattels were the proper goods rle'vyine by" a ^"^ chattels of the faid IVilliam Prefgrai, was indebted to the fame Jonas in 300/ tor the ufe and occupation of a dock of the faid Jonas, fiiuate and being in Rotherhith in the county of Surry, by the fame IVilliam, with a certain ftiip called the Jofeph, by the per- niiflion of the faid Jonas, at the inftance cf the faid IVilliam^ for 38 Adion on the cafe. for a long time then lately elapfcd ufed and occupied ; and beinj fo therein indebted the fame PVilliam in confideration thereof alierwnrL.s, to wit, the fame day and year, at London aftrcfaid in the parifli und ward aforefaid, aflumed upon himfclf, and to the fame Jon/^/j then and there faithfully proniifed, to pay him the fame fum of money : And whereas alfo the faid William af- terwards, to wit, the third day o'i May in the year abovefaid, at Z-dwJon at'orcfiid in the parilli and ward aforefaid, in confider- ation tl-.nt the faid Jowrtx, ar the like inftance of the f^id Willi- wHy had permitted the fame W7/AV/OT for a longtime then lately ' clapfeJ to have the ufe and occupation of the faid dock, with another fliip called t\\t Jojeph, affumed upon himfclf. -and to the fame "Jonas then and there faithlully promifed, to pay him fo much money as he for the faid ufc and occupation thereof rea- forably dcfrved to have : And the fame Jonas in faft fays, that for the ufe and occupation aforefaid he the fame Jonm reafon- ably defervcd to have of the faid //T/Z/ZaOT another fum of 500/. 10 wit, at London aforefaid in the parifh and ward aforefaid, whereof the faid ^r;7/i/7w the day and year lafk abovefaid there had notice : And whereas alfo the faid IFilUam afterwards, to V it, the fixth day of May in the year abovefaid, at Lo'hlon afore- faid in the parifli and ward aforefaid, vvas indebted to the fame Jonas in other 300 /. for work and labour by the faid Jnnnt by himfclf and his fervants at the like inftance of the faid IVil- liam before then done and bellowed on and about another Hilp called the Jofephy and for materials and things neccflary in and about that work, at the requefl of the faid JVilHam by the faid Jonas found and provided ; and being fo therein indebted, the fame W'lliam in confideration thereof afterwards, to wit, the fame day and year, at London aforefaid in the parifli and ward aforefaid. affumed upon himfelf, and to the fame Jonas then and there faithfully proinifed, to pay him the fame fum of money ; 9 uanium meruit ^^^^ whereas alio the fame IVilliam afterwards, to wir, the 8th for work, !al)our day of May \n the year abovefaid, at London aforefaid in the and materialf. parifli and \a ard aforefaid, in confideration that the faid Jonas^ Salk. 710. aj (he \\]^q inftance of the faid fi'l/liam, by himfelf and his fervants had before that time done and bellowed other work and labour on and about another fliip called the Jofeph, and other materials and things neceffary in and about that work had found and pro- vided, affumed upon himfelf, and to ihe fame Jonas then and there faithfully promifed, to pav him fo much money as he there- r "Q 1 ^^^^ reafopably deferved to have : And the fame Jonas in fadl *• "^ fiivs, that he therefore ipyfonably deferved to have of the faid iVdliam another fum of 300/. to wit, at London aforelaid in the parifli and ward aforefaid, whereof the hi6 M^llliatn the day avd yar lafl abovefaid there had notice : And whereas alfo the fuid IVillinm afterwards, to wit, 20th dav of May in the year above- faid, at Zor^/ow aforefaid in the parilli and ward aforefaid, was- indebted to the fame Jonas in other 300/ for divers wares and jjierch^ndizes by the fame Jir.as to the faid IVilUam before then fold AcTtion on the cafe.' 39 fold and deliveretl ; and being fo therein indebted tTie fame M'^iUiam in confideration thereot afterwarc's, to wit, the fame Azy and year at Zo^r^/o^ aforefaid in the parifh and ward aforetaid, aflLmed upon himlVlt, and to the fame Jonas then and there faith- fully promifed, to piy him the fame fum of money : And whereas ^antum mruit alfo the f.^me IVJlimn, 25th liay of M^jj^ in the year abovefaii], tor goods Told, at Lorihn at'orelaid in the parifh and ward atorefaid, in confide- ration that the faid Jotws, at the inftance of the faid IVdliam, divers other wares and merchandizes to him then before had fold and dcliver'd, afTumed on himfelf and to the fame "Jonas then and there faithfully promifed, to pay him fo much money as he therefore reafonably deferved to have : And the fame Jonas in faft favs, that he therefore reafonablv deferved to have of the faid IViHiam another fum of 300/. to wit at LonJon aforefa d in the pariili and ward aforefaid, whereof the faid William the day and year l-i(l abt5vefaid there had notice: NcvertheK fs the faid IVilliam his feveral promifes and affumpt:ons atorefaid not regarding, but contiiving and fraudulently intending the fame Jonas in this behalf craftily and fubtiily to deceive and defraud, the faid feveral fums of money, or any penny thereof, to the fame Jonas (although to do it by the fame Jonns afterwards, to wit, on the firft day o^ June in the year abovefaid, at London afore- faid in the parilli and ward aforefaid, he was required) hath not yetpaid.but them to him hitherto to pay hath altogether denied, and yet doth deny, to the damage of the faid Jonas <;^3/. By which the lefs, £fff. And therefore he produces the fuit, (ffc. ( Blackley and Cox. LeiceJIer, to Vi'it, "hj^^^y ^Inchly, widow, complains of Joseph ^funpft ^ar -^•^ Cx in the cuftody of the marHia^'effr. ']^^l' ^^^l""^' for this, to wit, that whereas the faid Jojeph, on the flrll day of ^^j n°cfn!fries- January in the fixth year ot the reign of the lady the now qucen, provide(i for ' at Lutterixorth in the county aforefaid, was indebted to the fame defendant's fou. May in 30/. of laviful money of this kingdom for meat, drinJc, • "Wafhing, lodging and neccfTiry appart-1, by ihe fame Mary for one Thomas Cox the fon of the faid J-jfeph, at the inftance of the faid Jofeph, before that time found and provided, and for money bv the faid Mary to the ufe of the faid Joft. 4ot Adion on the cafe. faid warrant the fame bailiff of the liberty aforefaid afterward?, and before the rtturn of that warrant, to wit, on the 20th day of Aufuf} in the firft year abovefaid, at the pariHi aforefaid within his Iibcriv aforefaid, levied fevcral goods and chattels of the faid // 7//; /.'/;/ to the value of the debt and damages aforefaid: Never- thelefs the faid Jo/z« being bailiff of the liberty aforefaid after- wards, at the return of the faid writ, to wit, on the faid Frirlny next after three weeks of St. Michael, before the faid queen at Wejlmjnjler aforefaid in the county of M/V/^/f/fjr aforefaid, falfly and deceitfully, and in deceit of the faid court of the lady the \t def'-aud QJecn before the queen herfelf, and to defraud the faid Robert thc'pliiniilFre- of his debt and damages aforefaid, returned to the faid flieriff on turned no and upon the warrant aforefaid, that the faid JFiUiam had no goods. goods or chattels in his bailiwick whereof he could caufe the debt to be made the debt and damages aforefaid, or any part thereof, as he by the warrant aforefaid was commanded, when in truth and in faft the fame John Muggins as bailiff of the liberty afore- faid within {he fime bailiwick, to wit, at the parifli aforefaid in the county aforefaid, by virtue of the warrant aforefaid fo as aforefaid made, and to the fame Jo/m Muggins as bailiff of the liberty aforefaid dire(5led and delivered, had levied feveral goods find chattels of the faid IVilliam StratJ-jrd to the value of the debt [ 4^ ] and damages aforefaid, whereby the faid Robert favs that he is prejudiced, and hath damages to the value of 60/. And there- fore he produces the fuit, l^c. Eajlman and Butler. jifumtfit by lonJon, to wit. cj'He^baU Butkr late of Lon.lon merchant, affigticc; of'two "^ was attached to anfwer to Neheminh Eaji- banknipts on ^^^^ and /?fV/;ar^ M^r?:;' affignees of the debts, goods and cbat- promidary no^tes ^^\^ ^1^ ^^^^1^1 ^i^ycon and Anrlreiv Solirel barkrupts, according fe'ndini's^fer-" to the form of tlie ftaturcs of bankrupts lately made and pro- vant tor dcfen- vided, in a plea of trefpafs on the cafe, i^c. And whereon the djnt, payable fa^g ^ehemiah and Richard bv John Page their attorney com- tothe bank- pjajn, that v/hereas the faid Dariel ■xn, iSc, ^a;N"t in the original. Sluantummtruit U'T lliipwrighi's work. (h) Thcnrigi- oal it 28 hete. Table to the ^[furrpfit by ati aflignec ag:iinft the m^iftcrr on a promiffory note drawn by and in th» name of the I'c vant tor value received for his m'.ftcr. The note beore payment ind )rl- «dto the plain- tiff. ff'''o'feIy and Fowler. /\ N D whereas alfo the faid John afterwards, to wir, the fame jl\ day and year abovefaid at Lon^Jon aforefaid [ (n) in the pa- rifli and ward aforefaid] in confideration that the faid George at the like inllance and requeft of the faid John had done and per- formed for the faid Jo/^« divers other fliipw right's work, and at the like fpecial inflince and requeft of the {-dKS John had found and provided for the fame John divers other materials and things receflary ufed in and about the work laft mentioned, (b) [he the faidjo/^win confideranon thereof afterwards to wit, the fame day and year abovefaid, ar London atorelaic], (n) aflunied upon himfclf. and to the fame George then and there taithfully pro- niifed, that he the faid John all fuch funis of money, as he the fame George tor the work, materials and things neccffarv afore- faid laft mentioned reafonably deferved to have, to the faiue Geo'gey when he fliould be thereto afterwards required, would well and taithfully pay and content : And the fame George infaft lavs, that he the fame George reafonably delerved to have of the faid John other 650/. of like lawful money, for the work, materials and things neceflary aforefaid laft mentioned, whereof the fame John afterwards, to wit, the day and year abovefaid at lon//(?n aforefaid faj had notice: Neverthelefs the faid, l^c. Eeles and Stiks. lonJori, to wit, gliomas Eeles complains 0^ Thomas Sliles in the cuftody of the marflial, ^c. for this, to wit, that whereas after the firft day of M^y in the year of the Lrrd 1705, to wir, on the 17th day of March in the year of the i.ord 1703, and long before, at London atorefaid in the parifh of St. Mory le-hoiv \n the ward t)f Cheap, one Rundul Robert- /o;; was fervant of the faid Thomas iSli/es, and by the laid Thomas Stilis then and long before ufually intrufted to fign promifTory notes for the faid Thomas Stiles his mafter, to wit, at the parifh and ward aforefaid ; and the faid Randal fo as aforefaid being in- trufted, the faid Randal the fame 17th day of March in the year of the Lord 1708, at I ondon aforefaid in the parifh and ward aforefaid, for the faid Thomas Stiks made a certain note in writ- ing Adion on the cafe. T 43 mg called a promlffory note, bearing date the fame day and yea latl mentioned, with the proper hand and name of the faid Ran" dal to the fame note fub'.cribed, and by the fame note^ the faid Rand57- r 45 T For goods Told. Breach of pro- 45 Adion on the cafe. faid John y^Jums were required) have not, nor hath cither of them yti paid, neither have they, nor either of them, anyway coiuciucJ him tor ihc fame, but the faid 140/. 8 s. S J. to the faid Jo/m J.iams hitherto to pay, or »or the fame to content, have aito^^eihcr refufcd, and the faid Juhn Fur^eon to pay him the fame doih yet refufe, to the damage of the fiid Jo/in Ailtims 140/. And therefore he produces the fuit, ^c. Flainnff recover- tJ ill this tiLiion. lycinky agalnft L'^rd^ widow^ and others. JlJJuv!f>/it \iy; r:- jV^VAy, to wit. /^ Forge IFanley and George Cradock complain m.fiv""Iotr*" oi RochelLord, widow, Thomas Lord y gent, "ainiu'ietu- T«/^/"^ Ludloto and Mary F homas, widow, executors ot the fvp. laft will and teftameiit of Robert Lod deceafed, in the cuftody riov/. i8o, of l!ie marfhal, bfc. for this, to wit, that whereas the faid •'>■>' Robert in his liic-time after the fjilt day of May in the year of the Lord 171";, to wit, the 28:h day of Mny in the year of the Lord 1718, at Weflminfier in the county of Middlefex, made his certain note in writing called a promiflbry note, with his pro- per hand fubfcribed, bearing date the fame day and year, and by the fame note promifcd to pay to one Mr. Edward Min/hul, or order, 500 /. fix months after the date of the fame note for value received: And that fum of money being now paid to the iaid F.dixiard, the fame Eanvard afterwards, to wit, the 30th day of yi/«f in the year of the Lord 1718 abovefaid, at IVeJiminJier aforefaid, indorfed that note with his own proper hand thereto fubfcribed, and by that indorfement the fame itJ-T'-.^r^/ appointed tiie fame funi of money to be paid to the faid George IVanley and Giorge Cradock, whereof the faid F-obert in his life- lime had notice ; and by reafon thereof, and by force of the ftatute in fuch cafe lately made and provided, the fame Robert in his life-time became liable to pay to the fame George IVatdey and George Crad-^ck the fame funi of money, according to the tenor of the fame ijote ; and in c(»nfideration of the premilfes the fame Robert in his life-time alfunied upon himfelf, and to the lame George IVanley and George Cradock then and there faith- fully proinifed, to. pay lh?in that funi of monev ; Neverthelefs ihefaid, cfr. 3 3c 4 Annp, »9- IF kite againll Howell and his wife. Declaration ind London, to w'lt. Z^Obett JVhite complains of Richard Fc p!eaaJ.ng<; in a teipntd iffue di rtftcd out of chancery con- cerning pait- Qciihip. ell and Grace his wife admipiflratrix ot the goods and chattels, rights and credits oi JVilliam Z<«w;rp/;f«' deceafed, who died intelTate, in the cuftody of the marfhal, l^fc. for this, to wit, that whereas on the iith day of "June in the 12th year of the reign of the lord the now king of England, l^c. at London, to wit, in the parirti of St. Mary-'e-boio m the Wdrd of Cheap, a certain difcourfe was had and moved between ihe A; funi, that from the (a\d William Lavsrence at the time of his death to the faid Robert was due by reafon of fuch firft partner/hip, to the faid Robert, when they lliould be thereto after required, would well and faithfully pay and content : And the faid Robert in faft faith, that the fum of 21 1 /. 18 s. or fome other fum of money, from the faid IVilliam Loivrer.ce at the time of his death to the faid Robert was due and unpaid, to wit, at London afore-, faid in the parifh and ward afor'efaid : NevertheUfs the faid Richard and Grace their feveral promifes and affuuiptions afore- faid in form aiorefaid refpeftively made not regarding, but con- triving and fraudulently intending the faid Robert in this behalf craftily and fubtillyto deceive and defraud, the faid feveral funis; ©f money, or any penny thereof, to the fame Robert have not. 45 Ai to the firft, the pljiiuifF jiaid not more monry in the partneilliip than he receiv- ed. As to the fe- conH, that the inteftate was not indebted to plaintiff on the partnerfhip ac- count. Pra£t. Reg. Vemre awarded to try both if- Adion on the cafe. nor Iiath either of them paid, altho' to do it the faid Richard and Grace afterwards, to wit, the loth day of Oiloher in the 1 2th vear abovefaid, and often after, at London afortTaid in the parifli and ward aforefaid were required, but to pay him the fame have hitherto refufed, and yet do refufe, to the damage of the faid Robert 40 I- And therefore he produces the fuit, l^c. And the faid Richard and Grace, by S. P. tht.ir attorney, come and defend the force and injury, when, ^c. and fay, that the faivt Robert ought not to have or maintain his aftion afore- faid thereof againft them, becaufe they fay, that right and true it is that they did aflame upon themfelves in manner and form as the faid Robert above againft them hath declared, but the faid Richard and Grace, as to the firft promife and afTumption in the declaration aforefaid above fpecified, for plea, fay, that the faid Robert hath not paid larger and more fums of money by reafon of the fjid former partnerfliip, than he on that account had be- fore received : And of this they put themfelves on the country: And the faid Robert likewife, l^c. And as to the fccond pro- mife and afTumption in the declaration aforefaid above fpecified, they for plea fay, that the faid JVilliam at the time of his death was not indebted to the fame Robert in any fum of money what- ever by reafon of the faid firft partnerlJiip : And of this they put themfelves on the country : And the faid Robert thereof likewife, l^c. Therefore to try as well that iffue as the faid other iffue between the parties aforefaid above joined, let a jury thereon come before the lord the king at Weftminjler on Tuef- /iny next after five weeks of £"rt/?er ; and who neither, ^c. to recognize, ^f. Becaufe as well, ^c. The fame day is given to the parties aforefaid there, &c. Palgrave^ Bart, and Windham. Efq\ 'nn. 4. R^t. 557- Cafe on the Stat. 8 Ann. c. 17. for the bet- ter tecurity of rents and pre- venting frauds by tenants. [ 47 ] The aa fet f.,rth. No goods to be taken in execu- tion uokfs the jplaiatiff beto c NorfolkytO wit. TpRancis Windham late of Cromor In the county aforefaid, efq j was attached to anf'.ver to Ri- chard Palgra've, bart. admiiiiftrator of the goods and chattels which bdonged to the lady -"Inne Pal^rra^je his late mother de- ccafed, who died inteftate, iffc. in a plea of trefpafs on the cafe, ^"V. And whereon the fame Richard by Thomas Hare his at- torney complains, that whereas in a ftatute made in the parlia- ment of the lady /!ntie late queen of Great Britain, ^c. held at Ifejlminfter in the county of Middlefex on the Sth day of "July in the Sth year of the reign of the faid late queen, it was among other things enacted bv theauthoriry of the fame parliament, that from and after the firft day of A-'^/j. v/hich fhould be in the year of our Lord 1710, ro goods or chattels whatfoever lying or being in or upon any meffuage, lands or tenements, which were or fhould be leafed for life or lives, term of years, at will or other- wife, Ihould be liable to be taken by virtue of any execution on any A<5lion on the cafe. 47 ar-y pretence whatfoever, unlefs the pnrty, at whojefait the fani lie remove fuch execution was fucd out, iliould betore the removal ot (uch goods coods pay the from off the faid preniifTcs by virtue of fuch execution or extent, Jandhrda pay to the landlord of the faid premises, or his bailifF, all fuch ^^^ ' *^" ' fum or fmns of money as were or ihouKi be due for rent for the faid premilTes at the time of the taking fuch goods or chattels by virtue of fuch execution provided the faid arrears of rent did not smount to more than one year's rent : And in cafe the faid arrears fiiould exceed one year's rent, then the faid party, at whofe fuit fuch execution was fued out, paying the faid landlord or his bailiff one year's rent, might proceed to execute his judgment as Jie might have done before the making of that a£l ; and the ilie- ritf or other officer was thereby impowered and required to levy and pay to the plaintiff, as well the money fo paid for rent as the execution money, as by the ftatute in that cafe made and pro- vided among other things more fully is nianifeft and appears : Leare ar wIH, And whereas the faid lady /Inne Palgrave after the making the faid a(St, to wit, on the i6rh day of y««f 1712, had demifedan^l to farm let out unto one David Cook two mefTuages and 120 acres of land, with the appurtenances, fituate, lying and being ia Norivood Diirninghtjm 'Fonvn, Barmifigham and Bodhamf in the faid county oi Norfolk ; to hold and occupy to the fame David and his alTigns, from the feaft of St. Michael the Arch-angel then lafl pall until the end and term of one whole year from thence next following, and fully to be compleat and ended, and fo from year to year, as long as both parties Hiall pleafe 5 yield- ing therefore yearly, as long as the faid Dwvid the faid two 50/, Reat." mefTuages and 120 acres of land with the appurtenances fliould occupy, to the faid lady Jnne Palgrat'e, her heirs and r-ffigns, the rent or fum of 70/. of lawful money of Great Britain^ at the feaft of the annunciation of the blefTed virgin Mary and St. Michael the Arch-angcl by equal poriions to be paid : By virtue ^ ■rcir''s rent of v/hich demife the faid Daiii.i into the faid two mefTuages and k. cf the jioods and chattels o the faid Dai'id, at the fuit of one Eraf- '^ !'"*"L*- Tius Buck, fued ( ut of the court of the f,iid late lady the queen of picmiier to the the bench (the fame court at IVcfiminJler in the county of Mid- value o[ tool, dhfex then bemg, againft the fuid David Cooke upon a judgment againft him in the faid court of the bench aforcfaid then before had and obtained, and to the then iljcrifF of the ccjunty of A^or- 47 1 Kotice of the rent arrcar. Breach tif the (tatute. [.4S .1 Adnrniftiation granted to the plaintifF. Prafl. Reg. 37. 43- A6lion on the cafe. /u/)f direfted, and by virtue of a warrant of the fame flieriffi/a •writing under his fcal f.*aled, to the faid Francis IVin^Umm di- reOed, he the laid Francis afterwards, to wit, the faid 6th day of OtT'o^^r in the year abovefaid, at Norivood Parningham afore- faid and wiihinthe liberty aforefaid (the fame Francis then being bailifFj took the goods and chattels of the faid Da^ji.l Cooke in and upon the mefluages and lands, aforefaid, with the appurte- nances, being to the value of 200/. Ancl the fame Richard {^tr^ ther fays, that after the taking, and before the removal of the faid goods and chattels by pretence of the warrant aforefaid, to wit, the fame day, year anil place laft abovefaid, at NorivooJ Barningham aforefaid, llie the faid lady Anne Pulgrave in her life-time, gave the fame Francis notice of the rent aforefaid fo as aforefaid to her due ; and then and there the fame lady Anne n aforefaid in the paridi and ward aforefaid, according to the ufe of merchants, made their certain note in writing bearing da'e the fame day and year, and thereby promifed to pay to the fnid Samuel IVhyte anoth'^r 200/. one month cftcr the date of the fame note for value received of Mr. Da^. id IVhyte ; by reafon whereof, and bv force of the fla- tute in fuch cafe matie and provided, the faid Thomas and Robert became chargeable to pav to the faid Sarr.uel IVhyie the faid 200/. ]ill mentionf-d ; and being fo chargeable the faid Thomas and Robert, the faid, Jamus hath psi.l and !ai(i out, and by that means is greatly prejudiced, to the damage ot the faid John tool. And therefore he produces the fuil, tffc Boo^c asaind Edwards. ZWo^, to wit. OUfanr.n F.ckvards late ol Lon.ion, widow, exe- ^fumpfth^iA ^ cutrix of the lad will and teftament of 7«/;« exccuu.x , „ , 1 /• 1 1 J r agair.lt an txe- EJivar.ls her late hulbind t'eceafcd, was attached to anlwer to cutrix for work Deborah Booge widow, executrix of the lafl: will and teftament done, of John Booge her late hulband deceafed, in a plea of trefpafs on the cafe, is'c. And whereon the faid Deborn'i by E. G. her attorney contplains, that whereas the faid John Bcoge in his life- time, to wit, on the 20th day ci J.muory \r\ the year of the Lord 1715 at London afortfaid, to wit, in the parilli cf St. Maryle-hixj in the ward of Cheap, at the fpecial infiance and rcqueft of the faid John EdvcarJs in his life-time, the work and labour of the faid John Booge had given and beflowcd in and about divers affairs of the faid John Edmunds, he the faid John Ednvards in his life-time in confideration thereof afterwards in the life-time of the faid John Booge, to wit, the fame day and year a'orefaid in the pcri/li and ward afortfiid, aflumed upon himfclf, and to the faid John Z?&ci_g^then and there faithfully pro- mifed, that he the faid John Edivards all fuch fums of money, as the laid 7;/?n J^co^^for his work and labour in and about the af- fairs aforefaid, fo as aforefaid given and bellowed, reafonably Ac- ferved to have, to the fame John L'o-jge, when he ihould be thereto after required, well and truly would pay and content : And the fame Deborah in fad fays, that the faid Jchn Byoge in his life-time, to wit, the fame day and year aforefaid, at London aforefaid in the parifli and ward aforefaid, reafonably deferved to have 200/. of lawful money o^ Great Britain, for the work and labour aforefaid of him the faid John Booge fo as aforefaid given and beftowed, whereof the faid John Edivards afterwards in his life-time, to wit, the fame day and year afortfaid, at LokJ-jti' aforefaid in the pariih and ward aforeftid, had notice : Never- thelefs the faid JJin Ediiards in his life-tune, anm>.p{\n that be-half as was right, commanded the faid John WeJl as he had before commanded him, by firndy in joining, that immediately after the receipt of the faid writ all and fin- gular the charters, books, reccrue, mun)mcr.ts and enfigns of magiflracy to the faid borough belonging, and being in his cuftody, to the faid Sa/riuei IVtfi for the ufe and benefit of the t'ame borough he fViould deliver or caufe to be delivered, or caufe to \ \n the ward q^ Cheap, in confidcrntion that the fame Robert in his life-time, at the fpecial inllati'-e and reqiicfl of the laid Fiiu/i, vould permit the faiJ Ilumf'ity, then bc;ng the apprentice of the faid Robert in his lifc-timj as aforefaid, to ti:r\i: the laid Finch in the fliip afore- faid in the art or myllery aforefaid during his faid voyage as aforc(ai(1 to be made and performed, aflumed upon himfelf, and to the laid Robert then and there faithfully prcniifed, that he the fame Finch, when he lliouU be thereto required after that voy- age made and performed, would pny to the faid Robert, for the fervice of the faid Humphry I'o as aforefaid to be performed, ac- cording to the rate of 55j-. of lawful money of F.n\iland for every month that he the (aid //ww//7zrv fliould ferv3 as aforefaid ; and altho' the fame R-/bert in hi"; life-time, giving credit to the faithful performance ofthepromife and afTumption of the faid Finch aforefaid, did permit the faid Humphry to ferve the faid Finch \n the faid fhip during the voyage aforefaid in form afore- laid to be made and perfonnef". ; and altho' alfo the Hiip afore- faid, afcer the prouiife and alfumption aforefaid in form afore- faid made, from the port of London aforefaid to the Eajl Inciies That he per- aforefaid did fail, and there afterwards on the firft day oi April 1704 was loaded, and after the loading thereof from the Eaft Indies aforefaid to the port of Lomlon arrived, and there after- wards, to wit, on the firft day of December 1705 the voyage aforefaid performed and finiflaed ; and altho' alfo the faid Humphry during the fame voyage, to wit, for the fpace of 23 months and 9 days ferved the faid Finch in the faid fliip in form aforefaid, to wit, at London aforefaid in the parifh and ward aforefaid, and 65/. \s. Sd. of lawful money of England io the fame Robert in his life-time for the fervice of the faid Humphry, according to the rate aforefaid, during the faid term that the faid Humphry fo as aforefaid ferved the faid Finch in the voyage aforefaid, ac- cording to the faid promife and aluimption of the faid Finch were due and payable : Neverthelefs the faid Finch (altho' he nlfer the voyage aforefaid made and performed, to wit, on the 2d day of December in the year of the Lord 1705 abovefaid, at London aforefaid in the parifii and ward aforefaid, by the faid Robert in his life-time was required) the faid 65/, is. Sd. or "Dv penny thereof, to the fame Robert in his life-time, or to the f;id ^Krjc after the death of the faid Robert, hath not paid : And whereas alfo the faid Finch the faid 2d day oi^ December in the year of the Lord 1705 abovefaid, at London aforefaid io.the parifli and ward aforefaid, was indebted to the fame Robert in his life-time in other 65/. is. Sd. of like money for work, labour snd fervice by the faid Humphry, as fervant nf the faid Robert in his life-time for the faid Finch, and at his fpecial inftance and rcquefl. before that time done and performed ; and being fo there- in indebted the faid Frnr-^^ afterwards, to wit, the faid 2d day of December in the year of the Lord 1705 abovefaid, at London aforefaid Adion on the cafe. J 53 aforefaid in the parifh and wsrd afortfdid, in cor.fideration thereof afiiimed upon hinifelf, and to the fame Robert in his life-time then and ihere faithfully promifed, thv he '.he faid Finch the laid 6'jl. \s. Srt'. to the fame Robert, whe- i.c fliould be thceto after required, would well and faithfully pay and content: And whereas alfo the faid Finch the faid zd day o^ Der ember in the year of the ]^ot^' 1705 abovefaid, at / o;,//ow aforefaid in the pa- r'.{[\ and ward aforefaid. in conficeration that the faid humphry, as fervant of the iaid Robnt'iri his life time, had worked and la- boured for and ferved tht faid Finch in the art or inyfttry of a mariner abovefaid, afTumed upon himfelf, and to the fame Robert in his life-time faitlifuliy promifed, that he the faid Finch i'o niuch money as the faid Humphry for the work, labour and fervice aforefaid reafonably deferved to have, to the fame Robert, when he fhould be thereto after requireil, would v.-eil and faith- f ca 1 tully pay and content : And the fame Anr.e in faft fays, that the laid Humphry, as fervant of the faid Robert \n his life-time, ior rhc work, labour and fervice laft mentioned, deferved to have of the (d\(\ Finch other 65/. is.^d. of like money: Nevertheleis the faid Finch his leveral prcmifes and afTumptions aforefaid in iorm aforefaid made not regarding, but contriving and fraudu- lently intending the fame Robert in his life-time, and the faid Anne Tihtr the death of the faid Robert, \n this refpeft craftily and fubtilly to deceive and defraud, the faid fcveral fun:s of money. Or any penny thereof, to the fame Robert in his life-time, or to the faid Jnne after the death of the faid Robert, or to either of them, hath not paid, or for the fame any v/ay contented, (altho' to do it the faid Finch by the faid Robert in his life-time, and by the faid j^nne after the death of the faid Robert, at London afore- laid in the parifh and ward aforefaid, v;as required,) but to pay them the fame, or for the fame any way to content, hath alto- gether refufed, and yet doth reftife, to the damaj^e of the faid jinr.e 100/. And therefore fiie produces the fuit, i^c. And the fame Anne produces herein court the letters tefiamentaTy of the faid Robert, whereby it fufficienily appears to the court here, that the faid Anne is executrix of the will of the faid Robert, and thereof hath the adminiflration, ctV. Kirhnan and Rohh-fon. London, to wit. J?Alf.}i Robinfon ]2i[e o^ [ondon, merchant, was yf/TumpJ^t Irv * attached to anfwcr Si/ron Peter Kirhnn?i)n a maner of a vef* plea of trefpafs on the cafe, cfff. And whereon the faid 6'//.';3;j ft 1 tor freight, Peter by T, M"^. his attorney coiT)plains, that v.'hereas the faid Ral(>h on the Hrflday ot January in the fecond year of the reign cf the lord George row king of Crent Britain, ifc. at London aforefaid in the parifli of AV, Klary-le-bmv in the ward o{ Cheapo in confideration liiat the faid S^ir>,on Peter, at the fpecial inflance and requeftofthc faid Ralph, had carried and iranlportcd for the faid H Adion on the cafe. fAK\ Kclph divers goo-is, wares and mcrc'iandlzes, in a certain /iiip or vclll'l called the 'joUn and Cudiarine from Archnvgel \\\ parts beyond tlie feas to Lonr/on aforefaid, afiuuied upon hinifelf, anit to the fai i Simon Pe.'er then and there faithfully proiiiifed, that he the faid Rulf>/i all fiirh funis of money, as he the fame 6' v/(7-7 Peter therefore reafonably deferved to have, to the fame ^i/non Peter, when he lliould be thereto after required, would well and faillifully pay and content : And tiie fame Simon Peter in fad favs, that he therefor^^ rcafunably defervcd to have of the lame Ralph I'^o/. of lawlul money ot Great Britain, to wif, at J.ond:n afortf.dd in the psrilli and ward aforefaid, whereof the fail Ritlf'h then and there by the faid Siihon Pater had notice : Neverthcltfs the faid Ralphs ^c. /.Jfumpf.t on a promiffory nore lu< u-^ht apainft the iudorfcr. [adorfcisent. JTotice to the ri.av.xr, v/liu jefufed pav- nicnt. Pract. Ktg- 155- [.55 ] JJotjce to the dctendic:. Shearman againft IVright. London, to wit. TJ/'lUinm IVright late of London, farrier, was attached to anfwer Thomas S. in a plea of trefpafson the cafe, isc. And whereon the faid Thomas by A^^. B. his attorney complains, that whereas after the firft day of May in the year of the Lord 1705, to wit, 23d day of May 1715, at London\n the pariih of 6/. Mary-le-boiv\n the ward oi Cheap, one E. S made his certain note in writing, called a promiflbry rote, with the proper hand of the faid P.. S. fubfcribed, bearing date the fame day and year laft abovcfiiid, and the fame note to the faid lFillia>n Wright delivered, by which faid note the f:iid E.S. promifed to pay to the faid William Wright, or order, the fum of 20/. three months after date, for value received ; and af- terwards, and within the faid three months, to wir, 23d day of Yff/yinthe year abovefaid, at io^^o>7 aforefaid in the parifli and ward aforefaid, the faid WilliamWright, by his indorfement with his own proper hand fubfcribed and made upon the fame note, al- figncd that note to the faid Thomas S. and by the faid indorfement ordered the faid E. S. to pay the contents of the fame note to tha faid Thgmas S. according to the tenor of the fame note : And the faid T ho mas in faft fays, that after the aiTignment and appoint- ricnt aforefaid as aforefaid made, and after the expiration of the faid three months in the fame note mentioned, to wir, 23d day o\ Ajiiujl \n the year laft abovefaid, at London aforefaid in the pariili and ward aforefaid, he the faid Thomas iliewed tlie bill aforefaid, and the indorfement aforefaid on the faid bill, to the faid E.S. and then and there required the fame Ed-txard to pay the contents of the faid bill, to wit, the faid fum of2o/. inthe fame fpecified. according to the tenor of the faid bill, and the indorfement aforefaid, to the faid ThwiasS. but the fame E, S, the fame fum of money to the faid Thomas did not pay, nor hath yet paid, but to pay the fame fum of money to the faid Thomas the faid £/yat;rt;-<^ then and there to wit, the fame day and year lad abovefaid, and ever after, hitherto hath refufed, whereof the LiJ Thomas afierwards, to vrir, 24th day of Augujl in the year lull Adion on the cafe. 55 laft abovcfakl, at London aforefaid in the parifii and ward afore- I'aid, gave notice to the faicl IVilliam IVnght : And by reafon of 3 ^c 4 Anne, the preniifes, and alio by lorce of the ftatute in fuch cafe made '^* ^' and provided, the faid M'^illienn IV. became and was liable and is liable to pay to the fame Thomas the faid Aim of 20/. in the fame note mentioned j and fo being liable the faid JViltiam IVrig/u in confideration thereof afterwards, to wit, the fame 24th clay of Avguji in the year laft abovefaid, at London alorefaid in the parilh and ward afortfaid, alfunied upon liimfelf, and to the faid Thomas then and there faithfully promifed, that he the faid WiUicnn the faid fum of 20/. to the fame Thomas, when he ihould be thereto after required, would well and faithfully pay and content : And Count fur 20/.- whereas alfo the faid William IV. afterwards, to wit, the fame received by de- 24:h day ol Augujl in the year laft abovefiiid, was indebted to the fendant to fame Thomas in other 20/. of like money, for money by the faid plamufF's ufe. IV. IV. to the ufe of the fnid Thomas before that lime had and received ; and being fo therein indebted the fame IVilliam in confideration thereof afterwards, to wit, the fame day and year laft abovefaid, at London aforefaid in the parifli and ward alore- faid, afllimed upon himfelf, and to the fame Thomas then and there laithfully promifed, that he the fame IVilliam IV. the fame laft mentioned 20/. to the faid Thomas when he fhould be thereio afterwards required, would well and faithfully pay and content : Neverthelefs the faid JViUiam, ^c South' ton to wit. J\/r L. complains of J. S. in the cuftody For diverting of the marfiial, Iffc. for this, to wit, an ancient wa« that whereas the fame M. was on the firft day of January in the tercourle fo 26th year of the rei^n of Charles the fecond, now kin? of Eng- ".''', '^ J^'T* , , r , I '^ I J i.-/->r:, 7 • L , 5 j- f> tiff loft thc bc- iand, i-Sc. unto the 20th day ol Odlober m the 27th year 01 the nefit ofhismill. reign of the faid lord the king, feifed in his demelne as of fee of certain water-mills, commonly called S. Mills otherwife K. Mills, and ofa parcel of moor cr meadow, containing by eftimation three acres or thereabouts, near adjoining to the faid mills, with the appurtenances, in A. in the county aforefaid j and the fame M. L. and all they whofe eftate the fame M. hath in the mills and parcel of moor or meadow aforefaid have had and ought to have, and from time immemorial have been accuftomedand ought to have, the benefit of a certain water or water-courfe which comes from a fpring near, and increafcs a certain water- courfe or river whicli runs to other mills in A. aforefaid, and from thence to the mills aforefaid, called 6'. ;V//7/j, otherwife K.Mills, and the faid J. S. well knowing the premiftirs, but malicioufl/ con- triving and fraudulently intending him the faid M. of the profit and commodity of his mills aforefaid and parcel of moor or meadowr aforefaid altogether to deprive, on the i ith day oi September in the 26th year of the reign of the lord the now king, at A. afore- faid, the bank or the inclofure of the water or water-courfe afore- faid, which comes from the fpring aforefaid, and increafes the water-courf« or river which runs from thofc mills in A, afotefaid 55 1 Not guilty. Caff on a fo- reign bill ot exchange again (I the 9S0. Diawn on t!ic Gambta compa- pany. I 56 ] who refuftfd to accept it. Adion on the cafe. to the faiJ mills, called S. Mills, otherwile K. Mills, Co much broke and threw down, or caufc to be broke and thrown dov/n, and the water at'orcfaid fo much diverted or caufed to be diverted, that by means of the faid breaking, throwing down or diverfion, tlie faid mills, called S. Mills, otherwife K. Mills, for want of fuffiv-ient water running in the ancient courfe, could not grind or work fo well or commodioufly, and the laid parcel of moor or njeadow aforefaid was greatly drowned and overflowed, whereby die faid 71/. loll great part of the profits of the faid mills and parcel of moor or meadow aforefaid tor a long time, to wit, di- vers days and times between the faid nth day oi Sei>t ember xnlh.^ 27th year abovefaid, and the faiJ 20th day ot Od^her abovefaid, ■whereby he fays that he is prejudiced, and hath damag^e to the value of 100/. And therefore he produces the fuit, Iffc. And the faid J. S. by J. L. his attorney comes and defends the force and injury when, cfr. and fays that he is not guilty thereof; And of this he puts hinifelf upon the country : And the faid M. thereof likewife, ciff. Therefore let a jury thereon come before the lord the king at JVefiminJhr on FriJuy next after the morrow of the purification of the blefTed Mary; and who neither, l^c. to recognife, l^c. becaule as well, ^c. The fame day is given to the parties aforefaid there, i^c. Dunjlar againft Peirce. London, to wit. TJ/'Illiam Dunjlar complains of Edward Peirce, being in the cuftody of the mar- fhal of the Mar/kalfea of the lord the king before the king him- felf, for this to wit, that whereas the faid Ed-voard Peirce and one John Tre'verfe now deceafed, on the 9th day of May in the year of the Lord 1673, ^^'"g merchants at ■St-fe/t'o/z in parts be- yond the feas, to wir, at London aforefaid in the pariHi of Sr. Mary-le-hotv in the ward of Cheap, by their bill of exchange then and there with their own proper hands fubfcribed, and vli- refted to the committee of the Gamboa coinpanv. required and ap- pointed the faid committee to pay to the faid IVilliaviyOx his orJer, on fijlit of that bill, his fecond or third bill of the fame time and dare with the bill aforefaid not being paid, the fum of 65/. 4^. being for the like value there received : And whereas alfo afterwards, 10 wit, on the firft day of September in the year lafr abovefaid, at London aforefaid in the parifli and ward aforefaid, the faid bill of exchange was fliewed to the faid committee of the Gamboa company, and the fame committee were then and there required to accept the faid bill according to the ufe of merchants, and to make payment of the faid 65/. \s. to him the faid IVilliam, according to the form and effeft of that bil And where- as alf'j the committee aforefaid then and there rcfufed to zC- cept of the faid bill and to pay the faid 65/. 4.S. the fecond and third bill, or either of them, being then and yet unaccepted and unpaid i by reafon of which faid premifTes, according to the cuf- tom A6lion on the cafe. 56 Breacba torn amoncr merchants from time immemorial ufed and approved, to wit, at London aforelaid in the parilli and ward atorelaid, the laid Ediuard and John ought to have paid the faid 65/. 4^. to him the laid IVilliami and the faid Ed-wm-d and John in confi- deration of the premises then and there aflunied upon them- ielves, and to the {a.id Willitim then and there faithfully proinifed, to pay him the faid William the faid 65/. ^^s. when they fhould be thereto after required : Neverthelefs the faid Edi.iard and John in the life-time of the faid John, and the faid Edzv/ird after the death of the faid John, have not paid the faid 65/. 4^. to the fame IVilUainy although often required, l^c. but the faid Edivnrd and John in the life-time of the faid John, and the faid Ed-vjard after the death of the faid John, have altogether refufed to pay them to the {z\d IVilliam, and the faid Edzvard doth yet refufe to pay him them : And whereas the faid Edivard and John General kdeii; Trez'erfe in the life-time of the faid John, to wir, the faid 9th talus. day of M/iv in the year 1673 abovefaid, at London aforefaid in the parifli and ward aforefaid, were indebted to the faid JVilliam m other 65/. 4^. of lawlul money oi England, for fo much money by them the laid Ed-zvard and John in the life-time of the faid John, to the ufe of the faid V/illiafn before that time had and re- ceived ; and the faid Edivard and John in confideration thereof then and there alfumed upon themfelves, and to the faid IViUiafn then and there faithfully promifed, that they the fame Edivard and Jjhn the fame 65/. i^s. to the faid William, when they fhould bs thereto afterwards required, would well and faithfully pay and. content ; Neverthelefs the faid Edivard and John in the life-time of the faid John not regarding their leveral promifes and aflumpti- ons aforefaid in form aforefaid made, but contriving and fraudu- lently intending him the faid Willinm in this rcfpeft craftily and fubtilly to deceive and defraud, the laid Edivard and John, or either of them, in the life-time of the faid John, or the faid Edzvard after the death of the faid John, although often reouired,fjff. have ncSi, nor hath either of them, paid the faid f^vcr.il fums of money, or any penny thereof, but the h'xd EiliJoarJ and John^ and either of them, in the life-time of the faid John, and the faid Ediv'^rd a{icT the death of the faid John, and either of them, have hitherto altogether rduC^di to pay him them, and the (aiA Edivard doih yet altogether refufe to pay him thcni,tothe damage of the faid William 200/. And therefore he produces the fuit, £iff. With this, that the laid William Dunjlar will verify, that at the. faid time of making the bill aforefaid, and long before and after, there was at London aforefaid, to wit, in the parifli and ward aforefaid, a certain company of merchants, called and known by the name of the comnfittce of the G/7ot^o/7 company, to which faid company by that name bills of exchange for all that time were ufed to be direfted and charged according to the ufe and praft'ce among merchants, IfJc. And now at this day, to wit, Wednefday next after fifteen days Demurrer to oilia/ier this fame term, until v.'hich day the faid Edward Pcirce ^'^^ Crft couat- bad Averment.' j6J Aclion on the cafe. liau leave to imparl to the faid bill, anJ then to anf\/.'cr, ^V. he- iore the lor.l the king at IVejlminJler comes ns well the faiii IVil- lia:n Dunjhir by his attorney atorefaiii, as the laid Edward Peirce by Diitton Siatnan his attorney : And the fiiine Ednxjard defends ilie force and injury when, l^c. And as to the firit proiitife and alliiiiipiion in the declaration of the laid Wdliitni afortfaid abovc- iiieniioncd, he the fame Ednxard prays judgment of the declara- tion atorelaid, bccaufe he fays, that the dtclararion aforefaid and the matter in the fame coniained are not fufiicient in law to Miainiain the aflion of hiui the faid IVillintn thereof againfl: him the laid Edziard liad, to which faid declaration, as to the faid firfl: promife and allamption in the declaration of the f^-id lyUUaiti aboveuK-ntioned, the fame Edward iiaih no necefiity nor is by thei law ot the land obliged any way to anfwer : And tliis he is ready lo verify : Wherefore for want of a fufficient iletlaration in this rtTptCl, as to the faid firll promife and aflumption in the declara- tion of him the faid /^0//zV/;;i abovemenii'^ned, he the fame Ed- tuW prays judgment, and that the faid IVillium may be precluded irom having his action thereof againll him the faid EJ%vard zs to Utrt Ajfumpjit thcfiiil; pruiiiife and aHuinpiioii in the declaration of him the to ih= itcoDil. f'd\d 1^1/1: (im abovenienticPL'd ; And as to the fccond pro:nife in the declaration of him the faitf y/tLiam above likcv-'ife meniionedj L 57 J the fame Edivurd fnys, that he did not airumc upon himfclfin the manner and form as the faid llliliam hath above againft him declared ; And of this he puts himfelf upon the country i And the faid //^;7//.?>« thereof likcwife, ^c. And the faid IVilUam lays, thnt he by an? thing by the faid Ed- Joinder in de- nvardm pleading alledtred, as to the firft promife and aflumption in the ceciaraijon aloretaid abovemeniioned, ougiit not to be pre- cluded from having his faid adtion thereof againll him, becaufe be fays that the declaration aforefaid, and the matter in the fame contained, as to the faid fiill promife and aflumption, are good and fuflicient in law to maintain ihe aflion cf him the faid IVUliam thereof agair.ll; the faid Ed'wiirdhA(\ ;which faid declaration, and the matter therein contained, he the faid II' iliinm is ready to verity and prove, as the court, tV. And b^'cauie the faid Edi:a: d coxh not aiilwer to that declaration, nor hitherto any way deny if, he the fame W^iiliain as before prays juilgment and his damazes by reafoa of thole prc-miflls to be adjudged to him, ^c. But bicaufethe court ot the faid lord the kinii now here are not vet ailvifctl to -jivc tneir judgnientof and upon the premiflcs, whereof the paities aforc- Yiid have put themfelves on the judgment of the court, day there- fore is given to the parties atorefaid, before the lord the king at IViftr.Aufter until F>idiy next after the morrow of the Holy Trinifv, to hear their judgment ot and upon ihofe prt-r.i'fFes becaufe the Ffrjre \.o try C^^urt of the faid lord the king now here thtreofnoi yet, tiff. And ffc ifTarand to TV as well the ilfue aforefaid between ihe parties aforelaid above .luiic ofd4- joined bv the country to be tried, as to inquire what damages the '' ""'' faid IViliuim hath fuftaincd by reafon of the premilfes aforefaid, whereof the parties aforefaid have put themlcdves en the judg- jiicnt cf the court, if it hapDCiis that iudnnsnc thereon be tdven for Adion on the cafe. '57 Tor the faid William againft the faid Edivard PeircCt let a jurjr thereon come before the lord the king at IFrfimitifler on the faid day ; and who neither, i^c. to recognize, i^c. becaufe as well,tffr. The fame day is given to the parties aforefaid there, ^r. At which day before the lord the king at JVel^mir./ier coihts as v^ell the faid IVilliatmiS the faid Erli'jurd by their attornies aforefaid ; and the faid fVil'inm acknowledges here in court that he will not far- ^iTJ/, Frsfequi ther profecute again ft: him the faid Edf.-irrd as to the fecond pro- as to part, ihife and affumption in his bill aforefaid above mentioned ; and as ' Plow. 4, ao. to the faid firft promife and aflumpnon in the declaration aforefaid ^'^'^' ^^'^' above mentioned, whereof the parties aforelaid have put them- ' felves on the judgment of the court, becaufe the court of the faid lord the king here is not yet advifed 10 give their judgment of and upon the premiflcs, day therefore is given to the parties aforefaid, before the lord the king at JVeJlmir.Jlcr, until Thurfday next after three weeks of St. Michael, to hear their judgment thereof, becaufe the court of the faid lord the king now here there- Tudrment Tot of not yet, i5c. On which da v before the lord the king at IVejI- the plaiutifFi, niirjier come the parties aforefaid by their attornies aforefaid, on which the premiflcs aforefaid, as to the firft promife and alfump- tion aforefaid in the declaration aforefaid above mentioned, where- of the parties aforefaid have put themfelveson the judgment of the court, being feen, and by the court of the faid lord the king now here more fully underftood, becaufe it {q^xvxs to the court of the faid lord the now king here that the declaration aforefaid, and the matter in the fame contained, as to that promife and aflumption, are good and fufficient in law to maintain the aftion of him the faid IVilliam thereof againft the faid f^Tc^n/ had, it is confidered that the faid IVilliam ought to recover his damages againft the faid Edward: But becaufe the court of the faid lord the now king here doth not know what damages the faid IViUi.wi hath fuftained, by Writ awarded leafon of the premifles aforefaid, the flierifFs are therefore com- to the fhe riffs of manded that they diligently inquire by the oath of 12 good and ^'>"'^^" '" '° _ lawful men of their bailiwick, whit damage.«; the faid IVilliam hath ^'L^v the fuftained, as well by reafon of the non performance of the firft pro- j-lnintifffuftain- mife and afl'umption aforefaid, as for his cofts and charges by him ed by breach of about his fuit m this refpeft laid out, and fend the inquifition which ^'^'r ^''^ P*"**' l^c. to the lord the king at Wejlniiyijler on Friday next after the oc- ™' ^' tave of St. Hillary under the feals.'^c. and the feals.^r. together v/i'h the v.'rit cf the faid lord the king to them therefore direfled. The fame day is given to the faid IVilliam there, Cs'^r. On which day before the lord the king at IVe ft mi njier corner Willium Durjlar, bv his attorney aforefaid, and the flierifFs of London, 10 wit, Jotia- The return. t/ian RfiyfHond, efq; and Simon Letuii, efq; by virtue of the v^rit of the laid lord the king to them therefore dircdled, return a cer- tain inquifuion taken before them at (he Guihl-hall of the city of London, fitu^te in the parilli of St. Laurence in the Old-Jenvry in the ward cf Chtap of the lame city, on ihe 22d day cf 'January in the aift year of the reign of the lord Charhs the fecOnd, nov/ k'og of F.nphwd, fr. bv the Oath of 12 good Ciff. wherebv it is found that the fain(l j^^ n ^^^^^ before the lord the king at irtfiwinfier by Carei» lier on a limnle ,, ,r . 1 • , , , • , ' r 1 1 1 1 contrdO: by the 'wford his attorney, and produced in the court ot the lont the inicftacc. king then there his certain bill againft the faid /U/?rga/f^ admi- nillratrix of all and fingular the gooils and chattels, rights and credits, which belonged to the faid John Cole her late hufband deceaf..d, bemg in cuftody of the marfhal of the A/rtr/%rt//>a of the lord the king before the king himfclf, in a plea of debt, and there were pledges to profecute, to wit. John D',e and Richard Roe i by which faid bill the faid Timothy complained of the faid Margaret in a plea that ilie jliculd rendtr to the fame Timothy iioL Adion on the cafe. 58 ; lol. of lawful money oi England which ilie owed him and un- ^llly detained, for tliis, to wit, that whereas the faid Timothy and ''^ohn'w, the life-time of the faid 'John, to u'it, on the firft day of April in the fcvenih year of the reign of the faid lord the now king at London, to wit, in the pariih of St. Mary-le-boixi in the ward of Cheap, did account together between thenifelves con- cerning divers funis ot money to the fame T^imothy from the faid 'Juhn then due and unpaid, and upon that account the fame John was found in arrear to the laid Timothy in the iaiJ. i lo/. to be paid to the laid Tim-jthy when he fliould be thereto required, whereby an action accrued to the fame Timothy to demand anu have of the faid John in his life-time ihe faid i lo/. NevertheJefs the fdd John in his life-time, or the fame Margaret after the death of the faid John, the laid iio/. had not, ror had either of them yet paid to the faid Timothy, but the faid John in his life-time, and the iaid Murgatet after his death, had altogether denied to pay him them, and that the faid Margaret did then deny to pay, and unjuftly detained them, to the damage of the faid Timothy 20/. as he laid : . And therefore he produced the fuit, l^c. And the faid Margaret^ by Walter Eloper her attorney, then came and defended the force and injurv, when, \i c. And then faid, that flie could not deny the aftion of the faid Timothy, nor but that Hie did detain fiom the f.dd Timothy the faid iio/. in the manner and form as the faid Timothy above againft her complained : Therefore it was then and there confidered, that, the faiii Timothy fliould recover again the faid Margaret his debt aforcfaid, as alfo 48^. \d. for his dama- ges which he had fuftained, as well by realon of the detention of that debt, as for his cofts and charges by him about his fuit in that behalf laid out, to the fame Timothy by the fame court of the faid lord the now king before the king himfelf bv his aflent adjudged of the goods and chattels which belonged to the faid John Cole at the time of his death in the hands of the faid Margaret to be ad- nrnirtered, if fhe had fo iimch in her hands ; and if (lie had not fo much in her hands, then the damages aforefaid of the proper poods and chattels of the faid Margaret to be levied ; and that r.ie the faiJ Margaret fiiould be in mercy, ifc. as by the record which Is a juft and procefs thereof remaining in the faid court of the faid lord the debt. king here more fully appears : And the lame Margaret farther fays, that the faid debr, by the faid limothy againft the faid Mar- /'"»■«•' in form aforefaid recovered, at the time of the death of the laid J'lhn Cole was a true and juft debt, and at the time of the death of the faid John Cole and alfo at the time of the giving that faid [ 59 ] judgment againft the faid Margaret was unpaid, and that the ■^"'^ ''^^' '^"^ judgment aforefaid yet remains in its full force and efft(5t not re- ^''''^ ""' ailctt- verfed, annulled or fatisfird : And the fame Margaret farther favs Note -, liy the that {he has full v adminiltered all the goods and chattels which be- *^"'*" ""'^ '^'""''' longed to the faid John at the time of his death and that flie hath f^^lJ^S,ll^^, I ot, nor on the day of the exhibi'.ionof the aforefaid bill of the faid piytncut plead- .Michntl, or ever after, had any goods or chattels which belonged cd is not tra- to the faid John Cole at the time of his death in her hands to be veifable, but H 2 adminiftcrcd, 'he naud is the ' only thing to be ttaverlcJ* 59 Repl'. As to one bond that it is moft part paid. And that he would accept lo/. in fatiBfac- tioo. The fame repli- cation to the Other. The fame tp- plicatior. to the judgment* A6lion on the cafe. adminiftcrcd, except goods and chattels to the value of 40J'." which are not fufficient to falisfy the faid Brian and Geo; ge the ftveral debts aforefaid upon the feveral writings obligatory aforcfaiu fo as aforefaid due, nor to f^iiisfy the i2i\otcfting thafc , ,., ° * n- 1 . no part was v/as not paid ; and hkewile prorelting, that a great or any part .^^ of the debt by the faid other writing obligatory due to the fame p-ow. 176. Co. George Chapman was not paid to the faid George Chapman ; pro- Lit. 124, i^S* tefling alfo, that the faid George Chapman was not ready to ac- "^^- Lutw. cept of the fame Margaret any fum of money not exceeding the fum of 20/. in full fatisfadion of that debt by the faid writing obligatory due to the fame George Chapman, and upon the pay- ment thereof to deliver up that writing to the fame Margaret to be cancelled ; and protelting alfo, that a great or any part of the f .id money by the faid Timothy Trevers as aforefaid recovered was not paid to the fame Timothy, nor that the faid Timothy was f 60 ] ready 10 accept of the faid Margaret any fum of money in full fatisfaftion an'd difcharge of that judgment, and on payment thereof to acknowledge fatisfaclion on the record ot the laid jijdgment in iiianner and form as the laid Mirhael -dhove in reply- ing thereto hath alledged, for plea the faid- iV/othy, for the recovery of the faid 200/. to the faid Dorothy by the faid John in tnrm afore- faid be:ng due and unpaid, afterwards, to wit, i.n Hillnry term in the 16th year of the reign of the lord the now king, at Who fued out IVeJimirJler m the county of MiiJtilefex, profecuted a certain a wilt of ^//a; writ of the faid lord the king of Mi.is cafias to the flirrifF of (api^^t the county of ., ?.//';;/.( aforcfaid directed out of the court of the faidi lord the king before the ki"g himfelf, the fame court then being at //"^f///v.'w/?fr in the county of Middlefex aforefaid ; by which f«id writ of ^/if/s caf'ins the fiid lord the king commanded the Ibcriff of the county of Su^ofk aforcfaid (?is the faiDC then ilieriif"of the counrv of Suffolk aforefaid had been before com- manded} that he fliould take the faid J.ihn IVilvia, if he fliould be found in his bailiwick, and fliould fafely keep hinj fo that he mi^ht hnve hi<= body before thr: faid lord the king atJVefniinJler on IFedfiefday next after filteen days of Eafter then next following, to aniwerio thelrdd Dorothy \\\ ?i plea of Ircfpafr, and alfo to the bill of her the faid Dorothy agaipft hirn the faid J'^hn Wilm'A for 200/. on promife, according to the cuilomofthe court of the fai''^'^|^"''''^ of .'///■fli nfJuU Bamfdale, in fo ample and beneficial a manner as he before h.id and was ufed to have, and cf right ought to have : whereby the fani';: J'^hn fays that he is pr jiidiced, and has damage to the value ot 50/. And therefore he proJuci.s the fuit, C5V. Ballard and Tayler. Pfditation \a Pul'ice Court, to wit. CT'Homas Ballard by Henry JFright li;s t!ic marihars attorney coMipIains againft Prilliam court for indifi- Tayhr '\r\ z plea of frefpafs on the cafe, for this, to wit, that jng the plaintiff y^^ereas the faid plaintiff now and always v/as and is a peaceable wr.ich"ird"a- 2nd quiet man, and not a rioter, router or breaker of the peace inen'Avasfour.d ofthe laid lord and lady the king and queen : Nevertheltfs^ the ignoramus. defendant not being ignorant of the premilles, but contriving nnd malicioiiflv intfnuing tofcandatize and difquiet the faid plain- lift", him the Kiid plaintiff, for that the fait plaintiff with other 1,'ialefattors and dillurbers of the peace of the fiid king and cueen to the number of ten perfops, at the pariili of St. Mmy Matjellon, otherwife M'hltechnpel.jn the county cf Middlejex, and within tlie jurifditiion of this court, on the i6ih day of S-ptem(>er'\n the fecond year of the reign of the lord and lady IViUiam and Miry, now' king and queen of Er.gUnd, lie. as rioters, routers and dil^urbers of the peace of the lord and lady X'(\t now k'ng and queen, to difturb the peace of the fnid lord ind lady the qoeen, with force and arms, tiff, at the pnrifli afore- l-.id in the county i.forefaid, unlawfully, riotoufl/ and routoufly tll^ni'oled themfelves and met together, and being fo 'then and there affenibied and met together, him (the defendant) in the peace of God and of the faid lord and lady the king and queen then and there unlawfully, riotoufly and routoufly beat, wound- ed and ill treated, fo that his life was defpaired of, and other enormities to the faid defendant then and there unlawfully, riot- OLily and routouflv offered, to the great damage of him the de- fendant, and agairft the peace ot the faid lord and lady the • now king and qaet.i, their crov.'n and dignity, tfr. without any juft Adion on the cafe. t ^2 j'jftor probsule caufe, before the juftices of the faiJ now king i nd queen aJllgned lo preferve the peace in and for the county ot Mtddlifex afortfaii', at a feffion cf the peace held at Uickis Hall in the county oi MiJdltfex for the county o^ Middle fc^ aforefaid, on the firft day of October in the fecond year abovefaid, caufed \ f. -\ and procured lo be indicted, and the fame plaintiff on that ac- I 3 j ccunt profecuted until he the faid plaintiff was thereot duly ac- quitted, 1.0 the damage of the faid plaintiff 99^. And therefore he pro-^uces the fuit, if^c Stephens ar.d amlher againft IVickham and others. Chucejler, to wit, Cfl'.omas Stephens, efq; and Rjhert Parker, Cafe for li;a 1 1 r 1 1 1 I,- 1 1 • r u and had toll, there to be Lought and fold, and cllo among other things of the ^,_ liberty and franchife pf having and keeping publick beams, bal- lances and weighis, and of the fame there pubhckly Uiing ; by reafon cf w-hicli faiii niaiket and franchife the faid Tko7nas and Ruhirt for all the time aforefaid were lav^'fully entitled to have and receive fundry tells, llallages, piccages, weighages, pitching- perce and ether profits of feveral perfonslo the faid market co!!i- ing and tliere buying and felling, 10 the market aforeliid belong- ing: Ntvcrtjiekfs the faid Jqlw Hichhcm, Sa7i:uel Burcomb and _,, ,.„ , Jjhn Burc:.Kib, not ignorant of the premiilts, but maiicioufly anre by the dc* contriving and intending to aggrieve them the faid Thomas &te- fcndants. fhens ar.6 Robert Parker in the premifl'cs, and to excluicand •'eprive them of tie franchife and profits of their market afore- faid, and particularly of the profiis of taking and receiving the faid pitching pence, and the other profits of the public b.illances and weights afcrefaid in the m;irket aforelaid, they the laid J-hn IVickhr.ni, Samuel Burcomb and J"hn Burcomb, on the fdid 29th day of Oc/c/i^^r in the3ifl year of ihe reign of the faid lord the i!0w king abovefaid, and at divers other days and times in the till e of the faid market between the 29th day of Odoher in the .3ifl year of the reign cf the faid lord ihe now king abovefaid, and che lime of the exhibition of this bill at Chipping Sodbiiry, otherwife ScJbury Burroi/gh »ffire(d\i.\, of their own wrong, witii- out any lav.ful 01 legal authority, malicioufly and unjuflly came in'o t,he laid market, and there unjuftly collc«^ed and received, or caufed to Lc colkded and rvceivcd, and to their own propci Oi Adion on the cafe. ufe convcrtci^, the faiil pitching pence, and the profits of the public ballances and weights atorefaid, wiiereby they the faid Thomas Stephens and R>hert P.irker loll the fdid pitching- pence, and the profirs of the faid publick ballances and weights for all the time aforcfiid, to the daniage of them the faid 'Thomas Ste- phens and Robert Parker zool- and therefore they produce the fuit, l^c. Note ; this cnuje ivns trleJ at the bar before Saunders chief jujVue, atui thv plaintiffs recovered. The Coinpany of Stationers againft Marlowe. Enfler 2,^ Car. 2. Roll2\^. Cafe for prlnN A^J'/J", to wit. *yOA« Marhvoe late of London, printer, was at- inp almanacks J tached to arfwer the niafter and keepers, or without tlie wardens and commonalty of the tnyflery or art of flationers of confcrt otthc ji^p ^.j,y ^f i-im/ow in a plea of trefpafs on the cafe, fs'r. And patentee. uhereon the fame mafter and keepers, or wardens and com- monalty of the myftery or art of (lationcrs of the city of Lor.don by Jerk^nfe Gill their attorney complain, that whereas the lord James late king of England, grandfather of the lord the now king, by his letters patent fealed with the great feal of England^ heaungd-dic at IVe/lminfler 8th day of M/ircA in the thirteenth year ot his reign, of his fpecial grace, certain knowledge and ineer motion for himfelf, his heirs and fucceflbrs, gave and granted to the faid mafter and keepers, or wardens and com- monalty of the myftery or art cf ftationers of the city of London^ and their fuccelfors for ever, full power, privilege and authority to print all almanacks in the Emdifh tongue within this kingdom ci England : And the fame lord the king by his faid letters patent ftrftly forbid, prohibited and commanded all and lingular other printers bookfellers, and all other ofRcers, minifters and fubj' 6ts whomfoever of the faid lord the king, his heirs and fucceirors. that they, or any cf them, at any time or limes then [ 6.}. ] after iliculd not print, or caufe to be printed or brought from parts beyond the fea, nor fbould buy, utter or fell, or caufe to be bought, uttered or fold, any almanack in the EtigU/h tongue, other than luch as fiiouM be printed by the faid mafter and keepers, or wardens and commonalty of the myftery or art of flaiioners of the city of London, and their fucccifurs, as by the letteis patent af)rtfaid, an exemplification whereof under the great feal of the faid lord the now king, bearing date at IVeJl- r7/n/??/- the fixth day of Z)erm^fr in the 27th year cf his reign, the fame mafter and keepers, or wardens and commonalty of the myftery or art of ftationers of the city of London produce here in court, is more fully manifeft and doth appear : by virriie of which faid letters patent of the faid lord Jajnes late king of Ergland, Ifc. they the faid mafters and keepers, or wardens and commonalty cf the myftery or art of ftationers of the ciry of lon- dm have had and ou^hi to have the power, authority and privi- lege A<5tion on the cafe. 64 lege folely to print all almanacks In the EngUJIi tongue : Never- The breach thelefsth'e faid Jo/^n notignorajit otthe pr^iiiiffes, but contriving affigned. and intending to deceive and defraud them the faid mailer and keepers, or wardens and commonalty of the myftery or art of ftationers of the city of London, of the bentfit of the privilege aforefaid, on the fourth day of November in the 31ft year of the reign of the faid lord the now king at IVefiminjier in the county o'i MiJdlefiX aforefaid, without the licence or confent of the faid nufters and keepers, or wardens and commonalty of the m)ftery or art of ftationers of the city of Z.c«/^o« m that behalt ha:i, fold 5000 almanacks printed by divers perfons unknown, "without ths licence and confent of the fuid mafter and keepers, or luarde'^s and comtnonahy of the myflery or art of fiationei s of the city of London in the Englifli tongue, contrary to the form and ctfett of the letters patent aforefaid, in contempt of the faid lord the nov/ king, and contrary to the privilege to the fame mafter and keepers, or wardens and commonaliy of the myfttry or art of ftationers of the city of London granted ; whereby the fame maf- ter and keepers, or wardens and commonalty of the myftery or art of ftationers of the city of London fay, that they are preju- diced, and have damage to the value of ioq/. And theretore they produce the fuit, ^c. Cooper^ Bart, and St. John, Efq; WiltSy to wit. j^Nthony A /hhy Cooper, h^iri. complains of A7- Cafe for breaW cholas St. John, efq; in the cuftody of the mar- ing down the Ihal, ^c. for this to wit, that whereas the faid J. on the third plaintiff's in- day of Jugufim the i8th year of the reign of the lord Charles the ^^"[f/^^Snf fecond now king of England, ^c. was fcifed and yet is feifed of {jiye'rs peribns ' and in a clofe of pafture containing 124 acres, and of another efcaned into the clofe of pafture containing 80 acres, lying within the clofe afore- plaintiff's faid, known by the names of the Purlewes, otherwife RuJJ.l/s ^Icie. IVood, lying in Liddiard Milicent in the county aforefaid, in his demefne as of fee ; which faid feveral clofes on the faid third day of yfttgw/? in the 18th year abovefaid, and for divers yeais now laft paft, for the prefervation of the grafs in the fame clofes re- fpeQively growing, by the fame Anthony A/hley Cooper were well and fufficiently fenced and hedged round: And whereas the faid clofe of pafture containing 124 acres now is and from time im- memorial was next adjoining to a certain other common field called Purton Common on the north eafl: and north weft, and to a certain other common field known by the name of IVelbs Purleiue on thefouth weft, and which faid fields lie together not f paratcd or divided by any hedges or fences : And whereas the grafs in the tv/o clofes aforefaid yearly for the fpace of fix years now laft pafl: refpedlivcly growing was well v/orth 60/. of awful money of England : 'Th'.' faid iV. not ijjnorant of the prcmifles, but con- triving and malicioufly intendmg totally to deprive the faid //of the whole pro&t and adY^inta^e of the clofes aforefaid, un the faid third HI i 65 ] IiTue olrecled out of chance- ry t'j ft tele a difFcrence be- tween an exe- cutor and do- nee concerning tallies. A 61 ion on the cafe. fSiro (lay o( Auguji in the i8th year abovefaiil, at Li/Idtard Mili- cent afortfaid in the county af rcfaul, the hedge, to wit, 10 perch o'i hedge of the faid clofe containing, as aforcfaici, 80 acres of the faid /I. broke ant! threw down, and the hedge fo broke and rhrown down from the faid third day ot Augujl \n the 18th jeir abovcfaid until the 2jd day of OiVo^f;- in the 23d year continued and kept, whereby lundry cattle, to wit, hor'.'es, oxen, cows, iheep, heifers and calves of feveral perfons going and depafturing in the faid coiiniion fields during that time, on the faid third day vi Jugujl in the 18th year abovefaid, and on divers other days and limes between the fame third day of Au^uli and the faiJ 23d day ofOdoier in the 23d year abovcfaid, iroin that time unto and upon the faid clofe of pafture containing as afortfaid 124. acres cf the faid J. thro' the breach in the hedges of that clofe, by the breaking and throwing clown of thofe hedges as aforefaid made, entered, and from that clofe unto and upon the faid other clofe of pafture containing as aforefaid 80 acres of the faid A. thro' the like breach in the hedges of that clofe by the faid break- ing and throwing down of thofe hedges fo as aforefaid made went and efcaped, and the grafs of the faid Anthony to the value of 300/. in thofe clofes during the time aforefaid refpeftively as aforefaid growing, at divers days and times during that time eat up, trod down and confumed, whereby the fame A. the whole profit and advantage of thofe clofes for the whole time afortfaid Joft, to the damage of the faid A. 500/. And therefore he pro- duces the fuit, cff. Bliuk zgmn?i -JVright^ one, ^c Londotit to wit. TJ/'lll'tam Black, gent, executor of the laft will and tertament of William Bluck, e(q; deceaftd, complains of Henty Wright, gent, one of the clerks o'i Roivland Holt, ciq; and Robert Coleman, gtnt. chief clerk of the lady the queen, alfigned to inrol pleas in the court of the faid lady the queen before the queen herfelf, according to the liberty and privilege for fuch chief clerk and his clerks for time out of mind ufed and approved in the fame court, prefent here in court in his proper pcrlbn, for this, to wit, that whereas the faid William Bluck now deceafed, in his life-time, to wit, at London aforefaid in the pariili of St. Mary-le-hoiv in the ward of Cheapy was pofTefTed of feven tallies and feven orders in writ- ing, made at the exchequer of the faid lady the now queen, to the fame tallies belonging and appertaining, as of his rwn pro- per tallies and orders, two of thofe orders being refpei^ivcly number'd with the numbers 155 and i 56, an.i made at the ex- chequer aforefaid, in purfuance of a certain a6t of parliament, jntitled, an a^t for granting an aid to her majefly by continuing the duties on malt, cyder and ferry for one year, and both of tliem bearing date 26'h day oi Jmuary in the year of the Lord 1703 ; and the five orders the refidu;; thereof being numbered with the numbers AdioQ on the cafe. d^ numbers follov/ing, to wit, 1006, 1007, 1008, loog, ioi0) and made at the exchequer atorefaid, in pursuance of a certain iict of parliuinent, intitied, an ad for granlivg to her majejly a lunJ-t.ix to l>e raijeu in the ytar 1704, each of the laid five or- ders lafl: mentioned bearing date 23d day ot December in the ^-ear of the Lord i7c>3 abovtfaid, and by rtafon ol thole tallies and the fdid orders in writing, there was due and payable (o the faid teftator the fum of 3100/. principal money; whiih laid tallies and orders, at London aforeiaid in the pardli and ward aforefaid, came to the hands of the laid Henry : And whereas after the de^th of the faid tellator, to wit, on the Erft day of Odober in the fifth year of the reign of the lady Anne r.o\?/ queen of England, ^c. at London aforefaid in the piuifli and ward aforefaid, a certain difcourfe was had and moved between the faid IVilliam the executor and the faid Henry of and concern- ing thofs tallies and orders, and the pcfleflion of the faid Henry thereof; and upon that difcourfe the fame Henry then and there affirmed, that the talli;;s and orders aforefaid were de- livered, and each of them was delivered by the faid IViUiam the teftator to the fame Henry, by way ot gift of the principal inoney due on thofe tallies and orders, to the proper ufe and benefit of the faid He fry ; the intereft nevorthelefs for that principal money to be paid to the fame IVilliam the teftator during his life, which faid affirmation the faid PFilliam the executor then and there denied ; and thereupon the faid IVil- liam the executor, at the inftance of the faid Henry, paid to him 2Q s. and in confideration thereof the fime Henry aflum- ed upon himfelf, and then and there faithfully promifcdthe faid William the executor to pay him 40 s. if the tallies and orders aforefaid were not delivered, and every of them was not deli- vered, by the faid IVilliam the teftator to the fame Henry by way of gift of the principal money line on thofe tallies and orders, to the proper ufe and benefit of the faid Henry, as aforefaid : And the fame IVilliam the execuror in fadt fays, that the talli-.-s and orders aforefaid were not delivered, nor was any of them delivered, by the faid IVilliam the teftaror to the fame Hiny by way of gift of the principal money due on the tallies and or- ders aforefaid, to the proper ufe and benefit of the faid Henry, as the faid Henry had above alledged : Neverthelefs the faid Henry his proniife and affumption aforefaid not regarding, but contriving and fraudulently intending the fame IVilliam the exe- cutor in this behalf craftily and fubtilly to deceive and det>aud, the faid 40 s. or any penny thereof, to the faid William the exi'- cutor (altho' to do it by the fame IVilliam afterwards, to wir, the fifth day of Odober in the fifth year abovefaid, at London aforefaid in the pari fh and ward aforefaid, he was required) hatli rot paid, but h;ith hitherto altogether refufed, and yet doth re- fufe to pay him the fame, to the damage of the faid IVilliam the executor to /. And therefore he produces the fuit, li^c. And the faid Henry in his proper perfon comes and defends X f,ft \ the force and injury when, ^f. and fays, that the faid William pj^^^ ihe 6^ Iffiic, An iffiie ont of chancery con- cerning a part- nerfhip. The difcottrfe. The point la qutflion. Adlloti on the cafe. tlie executor ought not to have or maintain hisfaid aftion againft him, bccaufo he lays, that well and true it is that he the lame Nnjiy was pcflcfled of the tallies and orders atbrefaid, and aflumediipon himfelf in manner and form, as the (a.a\t William the executor by his declaration aforefaid hath above fuppofed : Eut the faid Henry farther fays, that the tallies and orders afore- faid were delivered, and each of them was delivered, by the faid William the teftator to the fame Henry, by way of gift of the faid principal money due on the tallies and orders aforefaid, to the proper ufe and benefit of the faid Henry, the intereft ne- verthclefs for that principal money to be paid to the faid /F/7- liam the teftator during his life, as the fame Henry above affirm- ed, to wit, at London aforefaid in the parifli and v.-ard aforefaid: And of this he puts himfelf on the country : And the laid Wil- liam the executor thereof likewife, Is'c. Therefore let a jury thereon come before the lady the queen at Wejlminfter on Wed- nefday next after three weeks of the Holy Trinity; and who nei- ther, l£c. to recognize, l£c. becaufe as well, ^c. The fame day is given to the parties aforefaid there, l^c. Collins againft Ford. Lordon, to w'\t. cr Horn as Collins complains of Jo/in Fird bein^ in the cullody of the marflial of the Mar- /halfea of the lord the king before the king himfelf, for this, to wit, that whereas on the firft day of May in the 34U1 year of the reign of the lord Charles the fecond, now king of England^ l£c. at London aforefaid, to wit, in the parifn of St. Mary-le- hoiv in the ward of Cheap, a certain difcourfe was had and moved between the faid Thomas and the faid John of and concerning a partnerfhip or joint trade in the biifinels of a bookfelier between him the faid Thomas and the faid John be- fore that time had and managed, and of and concerning certain exceptions taken in a certain fuit or plaint between him the faid Thmas znd the faid John in the court of chancery then before levied and profecuted, and of and concerning divers funis of money, in the whole amounting to 128/. 10 s. of lawful money o( England, in the third exception of thofe exceptions mention- ed ; upon which faid difcourfe fo as aforefaid had and moved, a queilion then and there arofe between him ihe faid Thomas and the faid Ja/^w, whether the faid fum of 128/. 10/. or any part thereof, was taken by the faiil John, to the proper ufe of him the faid J'/hn, out of the faid partnerfliip or not : And thereupon the faid John afterwards, to wit, the fame day and year, at London aforefaid in the parilh and ward aforefaid, in confideration that the faid Thomas, at the fpecial inftance and re- Queft of the faid John, had then and there paid to the faid J;hn 5 J. of lawful money of England, afTumed upon himfelf, and to the (a}d Thomas then and there faithfully promifed, that he the faid John would pay to ths faid Thmas 40 s. of lawful money Adtion on the cafe. J 66 jTtioney of Erg^Lnd, if the faid fum of 12S/. lOJ. or any part thereof, was taken and had by ilie laid John, to tlie proper ule of the fiid John, out of the laid partnerfhip : And rhc faid T'homas in faft fays, that the faij fum of 128/. 10 s. was had and taken by the faid '"fohn, to the p-oper uie of the faid Johti, cut of the faid partnerfhip: Neveriheleis the faid John his promile and af- fumption aforcfaid in tonn aforefaid iTsade not regarding, but contriving and Iraudulenily intending the fame Thomas in this behalf craftily and lubtilly to deceive and dei'rai'd, the faid 40 j. to ihe laid Thomas hath not paid, nor the faid Thomas 2iT\y way for the fame hitherto contented, altho' 10 do it the (aid John af- terwards, to wit, the lecond day of Mny in the 34th year above- faid, at Zo/;i-/an atorelaid in the par'fh and ward aiorcfaid, by the fame T;^c/«rtJ Was required, but the laid Jt^hn the laid 40^.10 ihe laid Thomas to pay, or the lai.i Thomas for the fume any way to content hath altogether refufed, and yet doth refufc j whereby the f.iid Thomas iays that he is prejudiced, and hath damage to the value ot 5 /. And therefore he produces the fuit, l^c. And the laid John by John tills his attorney coines and de- Plea, fends the force and injury; when, Cf'f. and fays, that well and true it is that he the faid John alTunied upon himfelf in manner and form as the faid Thomas above thereof a2;ainlt him hath de- dared i but the fame John farther fays, that t"he fai i 1 homos his action aforefaid thereof againft him ought not to have or main- tain, becaufe he fays, that the faid fum of 128/. ids. or any parcel thereof, was not taken and had by the fame John Ford^ 10 the proper ufe of the faid John, out of the faid pr.rtnerfhip, as by the declaration aforefuid is above fuppofed ; And of this he piits himfelf on the country: And the faid T/7c»>rti- thereof like- wife, l5c. Therefore let a jury thereon come before the lord the ling at WeflminjUr on day next after and who neither, ISc. to recognize, ^c. becaufe a> weii, f r. The fame day is given to the parties aforefaid there, Ifc. Fonder agalnfi Braddill. r g. -j ion.icn, to wit. ^ Athnniel Ponder complains of Th(,mos BraJ- Declaration for ^/7/ in the cullodv of the marfnal, ^r for P' ''•'"' "P^^*^ this, to wit, that whereas the laid Nothnmd, on the firft davof P',"""'^'f^"Py Muy in me 30th year of the reiyn of the lord Charles the fecond, Uave."' now kmg ot England, Izc. and continually afterwards hitherto, at London aforctaid, to wit, in the pnrifli of St Mary-le-hoiv in the ward of Ch.ap, was and yet is the true proprietor of the cony '^^^ plaimiff of a certain book, intitled 7^p frkrim's p,ofirefs from ihis 'world fil^^c "!' "* to that -which IS 10 CQme, dtHi-ered unJer the fimilitude of a dreom, •xvhere n i, difco'vered the manner of his fett'irg out, his dangerous journey and f ufe arfi/ totally loft the whole profit and benefit of the copy of his book aforefaid, intitled The pilg^rinis progrefs from this lunld to that luhich is to come, deli'vered under the fimilitude of a d:eai!t, nvherein is di [covered the manner of his fetting out, his tiangero'.is journey and fafe arrival at the deftred country, by John B^innvan ; whereby the faid Nathaniel \\y?. that he is prejudiced, and hath damages to the value of 200/. And tbeiref ore he pro- duces the fuit, Qc. Day and HelUngton. Cafe for dilapi. Glouc\ to wit. "Diehard Day, clerk, reftor of the reaory of daiions brought Lo<^g Marjlon, otherwife Marflon Sicca in againft an exc- (j^g county aforcfai.l, complains o{ George HelUngton, gent, exe- cutor on the ^^j^j. ^f -[^g i^j^ ^.j]] jjr,j teftament oilfilliam Heilington, clerk, w'^Def^T latereftor of therefiory aforefaid, deceafed. in the cuftody of Parf.n's C^un- the marflril, ^c. for this, to wit, that whereas by the laws of fcllor 91. the land of this kingdom of England, all and fmgular prebendaries. Clergyman's reftors and vicars of this kingdom of Enghvul, are bound and P*^ ^K - ought to repair and fuuain all and fingular ihe houfes aid build- .gj. ' ^' ings of their prebends, rectories and vicarages, and to leave them well and fufficicntly repr-ircd and fuftained to their foccelTors, and that if fuch prebendaries, reftors and vicars, do not leave fuch houfes and buildings to their fuccelTors fo as aforefaid well and fufficiently repaired and fuflained, but iliall permit them to be unrepaired and livlapidated, then the executors or adminiflrators cf the goods and chattels of fuch pr2bendaries, reflors and vicars, having fufficiently of fuch goods and chattels, are bound and ou ^ht to fatisfy fuch a fum ot money as is fufficient to be expended and paid for the neceffary reparation and building of fuch houfes That the tefli- and edifices : And whereas the faid JVilliam Hellington in his tor.waslfgil life-time, to wif,^ the day of in the year of the Lord rt^^^i at ill the county of G/./zr^/??*-, was lawful reftor of the reftory of Long Marf.on, otherwife Marfan Sicca aforefaid, thereto Adion en the cafe. 1^7 thereto lawfully inftituted and indufted, and was feifed in the right of the rec^.orj aforefaid of and in one houfe, one barn and one garden thereto belonginj, fijuate, lying and being in long M'lrjhriy otherwife Marjion Sicca aforefaid in the county afore- (aid, and afterwarJ.s, to wit, day of in the year at LoTjtf Marfton, othcrwife Marfion Sicca aforefaid in the county aforefaid, died thereof feifed, after whofe ('each, to wit, the and died fclaril. day of in the year he the hid Rirhar J D/)y m Lo>g M.^r- Jion, otherwife Mar/Ion Scca aforefaid, in the county alorefaid, to the reftory aforefaid with the appurtenances was lawfully pre- ^j^^ plaintiff fented, inftituted and indufted, and yet is lawful reftor ot the preiented, fiCc. fai«e : and in f?.6l the laid Richard (zys, that at the lime ot the thereto, and is death of him the faid /r/7/z«w, to wir, the faid- day of in ""^J*"^^"^ the year the faid hoiife of the rectory of Lo^g M^r/hn, other- wife Marfzon Sicca aforefaid, in the county alorefuid, was very ruinous and in decay for want of repairs, and that great part of [ 68 ? the barn thereto belonging, to wit, one half thereof in the life- The buiWiog* time of the faid JVillium, to wit, the day of in the year in decay. at l^ong Marjion otherwife Mar/Ion Sicca aforefaid, in the coun'y aforefaid, fell down and was not by him rebuilt, and the reft of the faij barn was very ruinous and in decay for want of repair at the faid time of the death of him the faid JVilliam, and that the fence of the garden aforefaid then and there v»ras very ruinous and in decay for v/ant of repair: And the faid Richard The partica-J farther fays, that the money to be expended in the repairs ot the faid houfe, the fence of the garden, and fo much of the barn Handing at the faid time of the death of the {'d\d IVi'liam, as alio to rebuild lb much of the barn as was fallen at the faid tiine of the death of the faid IVilliam, would amount to the fuin of 200/. and therefore the faid Richard afterwards, to vi'w, the day of in the year at Lcng Marjion, otherwife Marfton Sicca aforefaid, in the county aforefaid, to the fame George gave no- tice, and then and there demanded of him the fa\d George for Dam3o.f.s dc-< that purpofe the fum of 2Co/. Neverthelcfs the faid George con- mandcd. contriving and fraudulently intending the fame Richard in this be- half chattily and fubtilly to deceive and detVaud, aUhough he Rtfuful, had fufficient of the goods and chattels of the laid M^illiam in his hands to be adminiftercd, the faid 200/ or any parcel thereof, or any fum of money for and towards the repairs aforefaid, to the fame /?;V//rtr<^ hath not yet paid, but to pay him the fame hath hitherto altogether denied, and yet doth deny, to the damage of the faid Richard 300/. And therefore he produces the fult, dfc. Moore a gain ft Plumky. CheJIer, to v/it. JLTEnry Mone, clerk, doflor of laws, rcflor ^^f^ j-^p dHap}. of the moiety of the parochial church of Nations by the M'dfas in the county of Chefler aforefaid, complains of John reftor againll f'lumley executor of the lafl will and teftamcnt of Th'jTnns Sandys the cxccu"'i of clerk, late rettor of the faid njoicty of the parochial church afore- ^'* P'«l«" "^* 1 a ' faid, 'C ^^ Adion on the cafe. faid, bcin;5in the cuftoJy of the marnial of the Mar/h.ilfea of the lady (he queen before the queen herfelf, for this to wit, that vhereas according to the law and cuftoni of EngltinJ hitherto obtiiined, ufed and approved, all and fingular prebeniiaries, rec tors and vicars, within England at'orefaid, for the time b-ing ar obliged and ought to repair and fuftain all and. fingular the ht>uft;s and edifices of their prebends, reflories and vicarages, and to leave them to their fucceifors repaired and fultained : And if fuch prebendaries, reflors and vicars, fliould not leave fuch houfes and edifices to their fuccefTors fo as aforefaid repaired and fuftained, but fliould leave them unrepaired and dilapidated, the executors of the laid prebendaries, reftors and vicars, af?er ilveir deceafe are obliged and ought of the goods and chattels cf the fame tertators to fitisfy to thofe fuccefTors, prebendaries, reflors and vicars refpeflively, fuch fums of money as will be fufficient to be ey.pended and paid for the necetTary reparation ami re- building of fuch houfes and edifices : And whereas the fa id T/^o- mas SiKifjys, late rector of the faid moiety of the church aforefaid, in right of that rtftory was feifed of and in a manfion-houfe, v.ith the appurtenances, in Ma'p^u aforef^^/id in the county of Che/hr aforefaid, and of and in the north fide of the chancel of the church aforefaid ; and the fai(i Thotnas HanJys being reftor of the faid moiety of the faid church in form aforefaid, and fo as aforefaid being feifed, on the 12th day o( Jugu/i in the 12th year of the reign of our lady Jnne by the grace of God queen of Great Britain, tf^c. at MuJpas aforefaid liied ; And the faid Henry Moore afterwards, to wit, on the 15th day of December then next follov.-ing, to the faid moiety of the parochial church aforefaid. Vacant by the death of the faid Thomas SaniJys, was prefented and admitted, inftituied and indu6ted into the fame, and became and yet is the proper reflor of the fame : And the faid He>ry in faft lays, that at the time of the death of the faid Thomas Samlys the laid manfion-houfc, with the appurtenances, and the faid north fide of tiie church aforefaid, were unrepaired and dilapidated, anil that fuch fum of money, as at the time ot the death of the laid 1 him as Sandys was fiifficient to be expended for the nccefTary repairs of the premiires aforefaid, amounts, and at the fame time of the death of the faid Thomas Santlys zmounted to the fum of 69/. "] s. of lawful money of Gr?/7/ Britain: Neverthelefs the laid John Flumly after the death of the faid Thomas, although often required, hath not fati-fied to the fame Henry a fufficient fum of money for the necelTary reparation of the premiffes fo as aforefaid unrepnired and dilapidated, but hath altogether refufed and yet doth refufe in any manner to fatisfy him the fame there- fore, to the damage of the faid Henry 100/. And therefore he produces the fuit, i^c. WuUhanck Adion on the cafe. 60 IVallbanck and Bncknall and others. MiJii', to Vi'lt. T> Ahh Buckn/iU ]^te of LondjU, cfq; Jo.^n Buck- Cafe on the ■^ m/1 late of Lof7Jo:u efcu and ff'illinm Hall cuftomofEng- lite of London, gent, were atrached to aniwer unto John n all- negligent keep- barck, went, in a plea of trvTpafs on the cafe, fifr. And where- ing ot 6rc, on the faid John l-Vallbarick by John Lilly his attorney com- plains, that whereas, according to the lav.' and cuftom of the kinjuom of the lord the king of F.nglar.d hiiherto ufed and ap- proved, every perlon of the fame kingdom is bound- to keep his tire fate and lecure by day and by nighc, io that no damage may The cade of any way happen to his neighbours, tor want of good care of avlioa. his fire, the faid Ralph (the other tuo pv,nld be named here, or their names firuck out above J on the io(h day of Augujl'm the -6th year of the reign of the lord Charles the fecond, now king oi En^lind, ^c at St. Martin in the Fields in the county of MiJdIefex nforefaid, fo negligently and inconfiderately kept his fire, that for want of good care ot that fire a manfion-houfe of the faid John IVallbanck m the parilli and county aforeiaid, being in the pofl'cifion of the faid John IVallbanck there, and of '^''^ ^'*'°f'" which the faid 7o/2« /r«///w;c;^ was then and there pcfieired for P ^ r-"^* -' r y i-ir*i i flOUlC lOr a the refidue of a term ct eleven years, which taid term began term of years. from the feall of St. iVi;V/^/7f/ the archangel in the 31ft year of the reign of the faid lord the now king, was by th^t fire burnt down, and fundry goods and chattels of the faid John IVallbanck, to wit, a ftudy, of books, one hundred and ten pictures, tzn Aliftofhouf- tables, four Ti/r/fy-work carpets, forty-three chairs, four hoW goods, couches, eight brafs fconccs, eight gilt fconces, eight brafs locks with their keys, one bird cage, twenty alabafter images, ten China bafons, thirty-three brafs puts, three brafs kettles, fixty g!afs bottles, two hundred gallons of claret, three preffes tor books, twenty yards offillc filLes for windows, tour guns, four piilols, fix feather-beds, fix bedfteads, ten trunks, thirty cur- tains, thirty blatikets, ten coverlets, one hundred yards of lace, thirty pair of Hieeis, thirty table cloths, fixtv napkin*, one hundred yards of mohair cloth, fix looking-glafles, fix pair of tongs, fix iron grates, fix pokers, a jack, two clocks, fix boxes, fijt Uools, ten cheil;?, fix hogf.isais of beer, ten hogflieads of ale, forty filver fpoons, four pair of bellows, ten fplts, three fire-fliove!s, three iron pots, four brt'lers, fix pair of andirons, twenty candiefticks, twenty pillows, thirty pilIo\\bers, thirty towels, fix hats, tv;elve fliirts, twelve caps, twelve cra- vats, four p.iir of boors, lour belts, four fwords, tour cloaks, ten coats, ten pair of breeches, four periwigs, three gowns, fix pair of gloves, twenty pair of {lui.kings, ten pfir of flioes, fix womens filk gowns, ten petticoats, ten flomav hr-rs, twelve lh:f;s, twelve coifs, five hundred yards ol woollen cloth, five hundred yards of lirfey woolfey, and five hundred ounces of filver plate, to the value of 1500 /. of the faid John IVutlbanik in the fame I 3 houf^ 69 J Ad ion on the cafe. fcoufe then and there were burnt, to the great daaiage of the laid John IVallbavck ; whereby the faid Jo/nt JVallbunck fays that he is prejudiced, and has damage to the value of 150a/. And iherciori; he produces the fuit, 15 c. Hod^'fji and Kay. Cafe for not re- Tork, tO wit. JLJO,ace Kuy late of Barnibus on Dun in the c«i"wVer!hy"' county aforefaid, gent, was attached to anfwer the'plair.fiff's to7homns Hocigfon, knt. in a pica of trefpafs on the cafe, ifjc. cattlf elcapecJ And whereon the latne Thomas by "John Arthur his attorney thro' the land complains, that whereas the faid Thomas on the firft day oi Sep- ^^r'^a'^'unl ^""^'"' '" ^^''^ ^-l-'^ y^^'' °^ '^^ '■^'S" °^^^^ '^''^^ Churles the fe- veic 1 ipo 0- pQj^j^ ^^^ j,j^g oi Eii/^lanU, tffc. was feifed and yet is feifed of Salk. 768. ^'I'l in a clofe called /'K/7/oju Bridge, fuuate. lying and being m Bamibus on Dun in the county aforefaiJ, in his denicfne as of fee J which faid clcfe now is and frotvi time inimemorial was next and contiguous adjoining to the clofe of the faid Horace, at Ji. on D. nforcfiid in the county aforefaid, on the part thereof; which faid clofe of the faid Horace on the part thereof, for all the time aforefaid was and yet is next and contiguous adjoining to a certain common field called common, fuuate m B. on D. aforefaid in the [ "O J county aforefaid : And wliercas the faid Horace and all they pfcfciiptiouio vhofe eftate the faid /Vo;v/f? r.ow has of and in the fuid clofe rtp.iir I c called were uft:d and accufloined to repair Hnd amend the hedges and fences bctv.'een the faid clofe of the faid Thomas caiL\:/f^. and the 'laid clofe of the faid H. called with The caufc cf all neccifary reparaiions, a$ ofteji as occafi'^n required : Never- *i^io". thelefs the faid H, contriving and malicioufly intending totally to hinder and deprive the faid T. cf all the profit and advantage of his faid clofe, afterwards, to v;it, the firft day of Sep^ timber in the 34.th year of the reign ot the faid lord the now king, permitted the hedges and fences aforefaid feparating and dividing the faid clofe of the faid 7*. called JVilhivhiidi^e, from the faid clofe of the faid H. called to be broke down, prof- trated and in great decay, for want of reparation, and the hedges and fences of his clofe a'oreiaid feparating and dividinir his clofe aforefaid from the ccnmion held aforefaid, called to be broke down and proO.rated, and in great decay, whereby a cow of the faid T. of the price of 5 / on the faid firft day of Sep- tember in the 34th year abovcfaid, in the clofe of him the faid '/. called IV. depalluring, thro' the fradure and breach of the liedges aforefaid, from the clofe of the faid T. called IF. into the clofe of the faid //. called and from thence for want of reparations aforefaid of him the faid //.into the faid com- mon held, called efcaped, whereby the faid H. after- vards, to wit, the faid firft day of September in the 34th year abovcfaid, the faid cow of the faid T. fo in the common field aforefaid, called being found, took and then at B. aforefai4 Adion on the cafe. 76 aforefaiJ impounded ; which faid cow fo being in pound afore- fai-1, on the faid firti; day of i^epttmber in the 34th year above- faid was there killed : VVherefore, l£c. IVickham againft Sperring. LmJon, to v.'lt.ZJ/'IlIiafn IVickham and Frances his wife ad- Trover for a miniftratrix of all and iingular the goods '^°'"'g»gc and and chattels, riorhts and credits of James JeofJi-ey the youneer ^„^\^T-n ^ oecealed, ion and adni'.nittrdtor or ^ames Jeoffrey the elder hlce- tor Jebonis mn. Wife deceafed, by the f-tid James Jeefrcy the younj^er not ad- I think the bet. iiiiniftered, complain oi fViliiain Spenirif^ in the cufto*, a t the parifh of Sr. Clement Danes aforcfiid in the county aforc- faid, were pofT. iTfd of divers other goo>'s and chattels, to v/ff, Doth not fay to ^^ 20 chairs, a filver tankard, a clock, tv/o filver bowls, two the value. filver lairs, a cau^^lc cup, 12 fi'ver fpoons, two gold rings, 100 pieces of gold, five feather beds and five carj)e;s, as of the goods and chattels of the faid !Villiam and Frances us adrr.i- niftratrix to the faid James Jeof/ej the elder j and being fo thereof polT. fled the fiid IVilliam and Frances cafually loil the faid goods and chattels out of their hands and poflllTion, which faid goods and chattels fo loft afterwards, to wit, the day of in the year abovefaid, at the parifli of St. C/fWfw? Danes aforefaid in the county aforefud, camt- by finding to ll>e hands and pofTcfilon of the faid IVilliam St>erring .• Ncvcrthclel's the faid IVtlliam Sperri^sr knowing the feveral deeds aforefaid to be the deeds of the fai3 IVilliam Wick/ir/m and Frances, and to the faiil William and Frances as adminiftrarrix to the faid Jnmes Jeoffrey the elder, and knowing the goods and chattels aforefaid to be the goods and chattels of the faid IVilliam IVichham^ and Frances as adminifLratrrix ro the faid James JeoJ^rey the el- der, and to the faid IVilliam V/iclham and Frances as adminif- tratrix to the faid James Je')ffrey x\\e elder of ri^ht to belong and appertain, and contriving and fraudulently intending the laid William ^'''ichltrim and Frances of the fiid f:veral deeds, and of the recovery of the money with the iniertft thereof Ly thofe deeds fccured to be paid, and &f the goods and chattels afore- ThepE word^ f^]^\ craOily and fu'niUy to Jeccjz'e and defraud, the faid fei'-^rnl or^ohal '"bnt^ //^ej'j anii the goods and clntleh aforefaid to the faid iVillior.i feem"Qtccfi"iiry. Wichham and Frances, although often required, lie. have not yet delivered, but thofe feveral ci.t'iijs and the goods and chattels aforefaid afterwards, to vvit, the day of in the year abovefaid at the parifli of St. Clement Danes aforela:d in the county aforefaid, to his own proper ufe converted and "■ c^ifpofeci. Action on the cafe. 71 eit'pofed, to the damage of the faiJ IVilHam W'iclham ajid Frances 350/. And therefore they produce the luit, l^c. ' Mitehall and Puniett. FJfi X, 10 W\i. jSaac Mitehall \a.r.t of Colchefler in the county Ca^V on t!;eft»- aforefaid, yepman, was attached to anfu'er to tuteofaj//^. I'fiomas Purnett in a plea of trcfpafs on the cafe, iffc. And cap.io. againft whereon the faid T:homas by John P; ichard\\\s, attorney complains, ^Jf '"J^^^l^r" that whereas by a certain aft made ii) the parliament of the b"n"on°anV« lord Henry the fixth, late k'ng of England, l^c. held at Wefi- reft. w/Z/yZtT in the county of Mirfrt'/^y(?jc, on the 5th day of February in the 23d year of the reign, it was amongother things enafted by the authority of the fame parliament, that all fiicr:ffs, under- ilierilTs, ilier ffs clerks, (lewards or bailiiFs of franchifes, (tr- vants of bailiff? or coroners, fhouH let out ot prifun all manner of perfons bv ihem or any of them arretted, or being in their cullod\' bv force of any writ, bill or warrant in any adion per- fonal, 'or by caufe of in :iftment by trefp :ri, upon rcafonable fureties of fufficient perfons, having fifficicnt v.'ithin the coun- ties v.'here fuch perfjns be fo let to bail cr mainprize, to keep their days in fuch place as the faid writs, bills or warrants fliould require, as by the ftatute aforefaid more fully is manifeft and doth appear: After the publication of which fajd aft, to wir, on the 27ih day of June in Trinity term in the 35ih year of the reign of the lord Charles the fecond, late king of England, Uc. or.e Thomis Hayes the elder profecuted out of the court of the faid late king of the bench here, to v. it, at IVeJlminJler, a cerr rain writ of the faid late king of Capias to anfwer againft the fiiJ 'Thomas and other perfons in the faid writ namcii, direfteti to tiie then fiieriff ot the county of Efjex, by which faid writ tiie fame lord the king commanded the faid /lieriif that he fliould take the faid Thomas and the other perfons, if they fiiould be found in his bailiwick, and them U^q\y fliould keep, fo that he m'ght haye their bodies before the juftices of the faid late kine of the bench at IFe^tnin/hr aforefaid, in ihe oftave of St. Mat-tin then next foUowifig, to flnfwer to the faid Thomas Hayes in 3 plea why with force and arms, ff. theovfters, to wit. So bulhrls of oillers of the faid Thomas to the value of 20/. at the parilli 0^ iVtJlminJler and Lagenh^e there lately found they took and carried away, and d:d h!m other injuries, to the preat damige of the faid Thomas, and againft the peace of the faid late king ; anJ that the fame fluritf iliculd have then • here that writ : Which faid writ the faid Thomas .ifterwards, and before the return of the fame, to wir, the i6ih day of ^i/- f'lft in the 3t;th year of the reign of the faid late k'ng, at Hcy- i/iiJge delivered to one IVilliam Pert, efq; then flicriff ofthe (]ti;vfrf<1 to rounty aforefaid. In form ot law to be executed ; which faid the fneriiT, Ihcrifffor the execution of that writ aft( rv/ards, 10 wit, the fame jGihday of Aiig'ijl in the 35th year ofthe reign of the faid late kin^, Capias fusd OHt of C.B. 72 Allien on the cafe. Warrant made Ung, fit fhyhrid^e aforefail, marie his certain warrant in writ- t'Ji'iillF'lf''" inglealeJ wiih the leal of his oifice of Hierilf of the county itic hu'i'dit'j atcrctaid, dirvfted to the then bailiffs of the hundreds o( Lexon, Teri/irtn, h'/n/h-fe and T/utrJi.i!lt ; by which faid warrant the fame ihcri/Fcoiiimantled the bailiffs of the hundreils afortfaid, that they /liould take the fame Thomas and the other p.'rfons atorefaid, if, l^c. and thcni faf.ly, iSc- (o that they might have their bodies before the faid juilices of the faid late king of the bench afnre- faid, at IV.Jlmi'iJ} r aforefaid, to anfwer in form aforefiid ; X'Vhichfaid warrant afterwards, and before the return of the fame, to wif, the lad day o^ Aigvft in the 35th year abovcfaid, at //fjy/rrV^if aforefaid, to the faid //i-i^/f then ?tnd at the time of the making the faid warrant, and continually from thence until the return cf the faid writ, being bailiff of the faid hundred of Winflrce aforefaij, was delivered in forui of law to be executed, by virtue of which faid warrant the faid IfaaCy being bailiff of the faid hundred of Winftree as is aforcfaid, afterwards, and The rliinilfF before the return of the laid writ, to wit, the firft day pf Sep- ^"''^'•'l- temler in the 35th year of the reign of the faid late king above- faid, at Heybrtdge aforefaid, took and arrefled the faid Thomas : Bail tendered, p^^^ jj^^ C^j^j Thomas in fadl favs, that immediately after the tak- ing and arreffing of the faid ThomaSy he the faid Thomas offer- ed to the faid Ifaac reafonable furetics of fufficient perfons, to wit, 'John Doe of, l5c. in the county aforefaid, gent, and Rich" ard Jones of, l^c. in the county aforefaid, gent, then and there being fifficient perfons, and having and each of them then hav- ifig fufiicient within the county aforefaid, for his appearance, ac- cording to the command of the faid writ, according to the form of the flatute aforefaid: Neverthelefs the faid Ifoac not con- fileriiig the laid /latute, but contriving and malicioufly intending The bail re- xinjutf'y to z'g'gntvQ and opprefs the faid Thomas in this behalf, luicd tiirm, abfulutcly rtfufeJ to accept his faid fureties, and immediately and earned him (,„rricd him the faid ■7'/z5m/-/j to the common gaol of the faid late ^ ' king for the county aioref^id at Chelmsford, and there iletained him in the faid gaol a prifoner under the cuflody of the faid t'Viliiam Pert then fheriffof the fame county, until he paid to the fame Ifaac a fine of 40^. againft the form of the llatute aforefaid ; whereby he fays that he is prejudiced, and has damage to the value of 40 /. And therefore he produces the fuit, l^c. r^^^ Tor en(?c. ^^. j^^ complains of T. G. in cudody of the marflial, ^c. ififj away his 7» r , ■ • 1 1 in 1 c A i fcivaai. ^ for 'bis, to Wit, that .whereas onu A. B. on the hrlt iiay, ^c. at, l^c. was rightfully and lawfully retained and placed in the fervice of the faid. plaintiff to tranfaft certain affairs of the faid plaintiff, unto the end of one year then next following and fully to be compleat and ended ; and the faine A. B. had Icrved for the fpace of fix months next after the firft ('-.y of May in the year, ISc abovefaid in the fervice of the faid plaintiff, whereby the fame plaintiff obtained and acquired divers great profirs and advantages from the labour and fervice of the faid A. B. his fer- vant; A£lion on the cafe. \'ant : Neverthekfs the defendant not ignorant of the premifTes, but contriving craftily and fubiilly to deceive and defraud the faid plainnffof his fervant afortfaid, and retained in his fervice as a hired fervant, and of all the profits, benefits and advantages, which the faid plaintiff by reafon of his fervant aforefaid iiji^hc have and gain, procured the faid A. B. to depart from and leave the fervice cf the faid plaintiff againft the will of the faid piainiiif, whereby the faid plaintiff intirely loft the fervice of the laid J. B. his fervant for a long time, to wit, for the fpace of to the damage of the (aid plaintiff 50/. And ihert-fore he produces the fuit, i^c. Andrews and another and Lee, Noith'tor, to wit. ^Ohn Andretxis the elder late of Ltivmne in J the cotinty aforefaid, yeoman, and 'John Andrews the younger late of Liivarne aforefaid, ytGman, were attached to anfwer to JVilUam Lee., gent, in a pica of trefpafs on the cafe, l^c. And whereon the faid Willi'im by "John Un- derivoad \\\% attorney complains, that vvhereas the {i- ftop. ping a wny to the plaintiff's eluie. The plaintiff feifed iu fee. Had and ougfit to have away in good in a pof- ftfTorv s£lion. So alfo in cafe the defendant is a ftranger, and [ 73 J (lops up my clofe ; hut if tlie defendant flops up my ■way ill his owa clofe, then I muft prcftribe for the Way. So note -4 divcrlity wheie the de- fendant a ftran- ger, and where owner of the pron nd. I Vcntr. 174. a Ventr. 115, J 86, 187- 7S Adion on the cafe. Mm md amlhcr agninft Oxides. Cifr bv an In- Lj«./;,v, to wit, ^f'jhn OaJt-s Inte of I on,Io}i, ro'nry, was af-r rloifcc agiiiifl ^/ taclied to aiifwer to Rohett Mun and /r//- '••o:i!Xr'"'* ''""" ^^''■^''" ^ ^''^^ of rrcfprifs on the cafe, ^c. And whereon notr "'"^'^ the fame Rchen Man and V/il'iam Doy by C /?. their attorney coiiipKiin, that whereas the faid James after the ill day of /I'/^y in the year of our Lord 1705, to wit, the iith day oi Juni> in the year of the Lord 1708, at londm aforefaid in the parilli of St. M.7ry-h--/>'nv in the ward of Cheap, made his cer- tain noie in writing with his ov/n proper hand thereto fubfcrib- ed, railed a proinilibry note, bearing date the fanne day and year lall ahovefaid, and thereby proniifcd to pay to one Mr. Ru'i- ani Foivke or order 100/. on the lO: day of Ocicher then next following tor like value received, and the faid iog/. being un- paid, he the faid /?;V/^rtr^/ afterwards, to wit, the fame day and year Inil abovelaid, zx. London aforefaid in the parlfh and ward atorefaid, indorfed that note with his own proper hand thereto fiibfcribeii, and thereby appointed the contents of the fame note 10 be paid to one William Biivc^ck or his order, value receiv- ed, and the faid 100/. not being paid, he the faid IVilUam Buivcock alterwarils, to wit, the fame day and year laft ab.Tve- ' f^'*-!, at London aforefaid in the parilli and ward aforefaid, in- cloried the faid note with his own proper han(J thereto fub- fcribed, and thereby appointed the contents of the fame note to be paid to the {■xi^ Robert Man 7i.nA William Day or [\\e\r or^er, for value received, whereof the faid Janes Oudes afterwards, to V It, the fame day and vear, at London aforefaiti in the pnrifii and ward aforefaid, had notice: And by reafon of the premifles, and by force of the ftatute in fuch cafe lately made and provided, the J ' 4 . . c 5. f^,„g James was and became liable to pay to the faid Robert Man and William D.iy the fame fuin of money according to the tenor of the note aforefaid-; and fo being thereto liable the faid N'.t in i!ie ori- J'""es afterwards, to wit, the fame day and year abovefaid, at B'O'l- London ajorejoid in the pari/Ji and ivard aforefaid, in confidera- t!on thereof affiimed upon himfelf, and to the fame Ruhert IWaa and M'iUiam Day then and there faithfully prom'fi-d, to pay therii the fnmefim^ of money according to the tenor of the note aforefaid: NeveriheU'fs tlie faid James his pronfife and affumption aforefaid * ?"•"''« 'o nor regarding, but coniriving and fraudulently intending the faid ^\/ /.hptt Man and Willani Day, or either of them, hath not ^^'^ °' ^-''^' yet paid, (ilthough to do it he was required by the faid Robert «-•'.„' r ^„ /I/// 'J and William Day afterwards, to wit, the ift day of OSober )ij„,i in the 7tn year ©!■ the reign or the ladv the now queen, and oiien jf\<-.vx OaJis. after, at Lond>n afjrefiid in the parifli and ward aforefaid), but Hdotfci ibu;, Ij^^j^ Ijltheilo altogether denied and yet doth d.'ny to pay them Kt. Fcioh. & J the tV I U. B^ Adion on the cafe. J7S the fame, to the damage of them the faid i?c^f»-/ Murnni li tl- liam Day 130/. And therefore they proouce the fuit, oV. Bolfworth againit F{!kir,non. Surrey,Xov.-\i. I The defendants- aiTauked ami impiiloned him til! he found bail to appear at the next airuey. Adion on the cafe. X 74 rot ignorant of the premifTes, the fame ftatute not regarding, but contriving to difinherit the faid Nicholas of the Ilbertits and free cultoms aforefaid. againfl the form of the flatutc afore- faid, with force and arms at London aforefaid in the parilli cf Str Mary, ISc. made an ajHiuir upon the faid Nichoiasy and beat, wounded, took, imprifoned and abufed him, and him the faid NicfiotiJs fo in prifo!! detained, without any reafonable caufe, contrary ta the law and cuiloni of this reahn of England, againft the will of the faid Nicholas, until the faid Nicholas found manucaptors that he fiiould appear at the next aflizes and general gaol-delivery to be held for the county of Hertford, and in the mean time fhould be of good behaviour, and offer'd him other injuries, to the great damage of the faid Nicholas, and again ft the peace of the lord the now king, ^r. And whereupon the The ownt os faid Nicholas in his proper perfon complains, that whereas by the thewdt. ftatute of Mngna Charta among other things it is contained, (hat i!0 freeman fliall be taken or imprifoned, or be difTeifcd of his freehold or liberties, or free cufloms, or outlawed or exiled, or any otherwife ueflroyed, nor wewiil not pafs upon him nor con- demn him but by lawful judgment of his peers, or by the law of the land, as by the fame llatute more fully appears : And where- as the fame Nicholas is and from the time of his birth hitherto was a freeman of this kingdom of England, and ought according to the law and free cuftom of £r_g/fl«t/ to have and enjoy the liberties and free cuftoms of this kingdom of England ; they the fame Henry Chauncy, IV. S. fife, not ignorant of the premiiTes, the fame ftatute not regarding, but contriving to difinherit the faid Nicholas of ihe liberties and free cuftoms aforefaid, againft the form of the ftatute aforefaid, on the 29th day of September in the 31ft year of the reign of the lord Charles ihe. fecond, t5V. with force and arms, to wit, fwords, ftafFs and knives, at London aforefaid, &ff. made an afl\ult upon him the faid Nicholas, and beat, wounded, took, imprifoned and abufed him, and him the faid Nicholas io in prifon dera:ncd, without any reafonable caufe, contrary to the law and cuftom of this kingdom of England, againft the will of the faid Nicholas for a long time, to wit, for the fpace of tv/o hours until he the faid Nicholas found certain manucaptors that he fliould appear at the next aflizes and general gaol-delivery to b? held for the county of Hertford, and in the mean time fliould be of good b.-haviour, againft the p'aceof the lord the king and the cuftoms of this king.iom of England, and other injuries, ^c. to the great damage, (5'c. By reafon whereof the faid Nicholas is greatly difquieted and difturbed, and of the liberties and free cuftoms aforefaid was difmherited, againft the form of the ftatute aforefaid, and is very much hindered in his bufinels as an attorney ; whereby lie fays that he is prejudiced, and has damage to the value of 500/. And therefore he pro- duces the fuit, l^c. Plead Not guilty t and give in evidence the fait ivas done in Herifordfliire. Edm. Saunders. Medlicolt A£lion on the cafe. Decl' on a & 3 li. 6. c. 13. tor not fetling forth • itiies of cop- pice wood un- der the {growth of z\ year?. Pilch. 33 Car. Ti.< reC.ul of tnc ilatucc. The fbrficitore. The plaintifF firmer of the tithes in part of ihe parift. I 76 ] Medlicott againft Maurfon. Hertford, tO wit. 'Y M. Jate of" Broxborne in the county afo/e» J* f.iiu, knight of the Bat/i and bait, was fiimmoncd to anfwer to Thomas Medlicott in a plea that he render i:r,:o him 144/. which he owes hiui and unjullly detains, l^c. And whereon the faid 7liomiis MeHicctt by Charles NichoUs his attorney fays, that whereas by a Certain a6l made in the parlia- ment of the lord Edzv^r^ the fixth, held at Ifejlminfer in the county of Middlefe^t the fourth day of No-vember in the feconj year of his reign, Jt was among other things enacted by the atthoriry of the fame parliamenr, that every ot the king's fubjf^.s ii>ould Irom thenceforth truly and juftly withont fraud or guile divide, (et out, yield and pay all manner of their predial tidies in their proper kind, as they rife and happen, in fuch manriCrand tonn as had been of right yieh'ed and paid v.'ithin forty years next btlore the making of that a(fi, or of right or cuftoni ought to have been paid j and that no perfon Hioul 1 Irom tliencefoiih lake or carry away any fuch or like tithes which had been yielded or paid within the faid 40 years, or of right ought to have been paid, in the place or places tithable of the fame, before he had juftly divided or f^rc forth for the tithe thereof the loih part of the fame, or otherwife agreed for the fame tithes with the parfon, vicar, or other owner, proprietary or fnrmer of the fame tithes, under the pain of forfeiture of treble value of the tithes fo taken or carried away, as by the fame aft, among other things, mors fully appears : And whereas alfo the faid Thomas after the mak- ing of the faid aft, to wi", on the firft day of January in the iStli year cf the reign of the lord the now king, and long before, and from thence ever after hitherto was and yet is farmer of all and lingular the tithes of grain, wood and hay yearly growing or renewing in and upon any of the lands, meadows and woods be- longing to the reftory oi Che/hunt in the county of Hertford, ly- ing and being within the ward, commonly called or known by the name of M'^altham Crofs iFard, and to part of the ward, commonly called or known by the name of W'lOilJtde li'ard in the parirti c'iChefftunt, v/hich part of the ward aforefaid extends from Bro'jkftdeio Che/hur.t Church-gate, and by the highway to a place Cd.Uex\ Flam/lead End, and lo from Flamjlead End from thence by Che /hunt Park-lane to a place called Hoi lozv Crofs, v/h\c\\ faid part of the ward laft mentioned lies towards the weft on the fevcral ways, lands and p!a:es laft mentioned : And whereas alfo the faid y>jhn Maunfon b.ing a fubji ft of the lord the now king and a freeman of Eng'i.nd on the firft day of Jpi i! in the 20th year of the reign of the faid lord the now king, was and ever fmce has been and yet is occupier of 2000 acres of wood- land, commonly called ChcPiunt Common, with the appunenarces, belonging to the reftory of Cht/hunt, and lying within the fiiid ward of IValtham Crofs, and the faid pari of the ward of IVoodfule Ward in the parilh of Chejhuv.t aforefaid \ of which faid 2000 Adion on the cafe. 76 Copplce-wood, action^ acres of wood-land, the tithes of the wood and underwood, lops and tops of the faid woods, being coppice-wood under the growth of 20 years in and upon the fame 2000 acres of wood-land, with the appurtenances, refpeftively growing, coming, renewing, happening and arifing within 40 years next before the uiaking of the aft atorefaid, of right ought and were accuftomed to be paid in their proper kinds and fpecies by the occupTt7^-aj occu- piers of the fame for the time being ro the redor of Cheflrunt aiorefaid, or to his farmer or deputy, or other proprietor of that reftory or of the tithes thereof for the time-being ; And the faid The caufe of "J'jhn being fo as aforefaid occupier of the faid 2000 acres of wood-lane, and the fuid Thomas being fo as aforefaid farmer of the tithes aforefaid in form aforefaid, the faid "John afterwards, to wit, on the third day of ''January in the zgrh year of the reign oi the faid lord the now kmg abovefaid, cut down, lopt and topt the wood and underwood then growing in and upon 200 acres of land, parcel of the faid 2000 acres of wood-land, being copoice- wood and under the growth of 20 years, the tithes of which faid wood and underwood, lops and tops aforefaid, in and upon the laid 200 acres, parcel ot the faid 20f^o acres of wood-lanJ, in the fame year refpeclively as aforefaid growing, renewing and com- ing, did belong and of right ought to be yielded and paid to the fame T^owzrty, being as aforefaid farmer of the fail tithe: Never- thelefs the faid 'John all the wood and underwood aforefiid, and the lops and tops of the wood aforefaid, in and upon the faid 200 acres, parcel of the faid 2000 acres of wood-land, in the fame year growing, renewing and convng, being as aforefaid coppice- wood, and under the growth of 200 years, after the faid cutting down, lopping and topping of the faid wood and underwood aforelaid, to wit, on the faid third day of 'January in the 29rh year of the reign of the faid lord the now king abovefaid, w itliout any divifion, throwing out or fitting forth for the tithe thereof the tenth part of the fame wood, underw ood, lops and tops afore- faid, and without any agreement made for the fame tithes by the laid John with the fiid Thomas, at Chejhunt aforefaid took and carried away: And wht-reas alfo the faid John afterwards, to Second count, ' wit, on the firlt day of Ai^ril in the 30th year of the reign of the faid lord the now king, the fame John being then, as is aforefaid, the occupier of the faid 2000 acres of wood-land, commonly called Che/hunt Common, wi:h the appurtenances, belonging to the r.ctory of Chejkunt, and lying within the faid ward of Wal- thfim Ctofs,zv^erwood aforefaid, and the Icps and tops of the wood aforefaid in and upon the laid other 200 acres, parcel of the faid 2000 acres of wood-land, in the fame year growing, re- newing and coming, being as aforefaid coppice-wood, and under Did not pay the growth of twenty-years, after the faid cutting down, lop- *' '"■ ping ami topping of the wood and underwood aforefaid, to wit, on the faid third day of January in the thirtieth year of the reiga L 77 J of the f.iid lord the now king abovefaid, without any divifion, throwing out or fetting forth tor the tithes thereof the tenth part of the fame wood, underwood, lops and tops aforefaid, and with- out any agreement made for the fame tithe by the faid John with Third count. ,j^g ^^^^ Thomcis, at Chc/fr.int aforefaid took and carried away : And whereas alfo the faid John afterwards, to wit, on the ift day of j^pril in the 31 ft year of the reign of the faid lord the now king, the fame John then being as aforefaid occupier of the laid 2000 acres of wood-land, commonly called Che/^iunt Common, with the appurtenances belonging ro the reftnry of Chijhunl, and lying within the Ai^d ward of IValthnm Ctofs, and the laid pnn of the ward of //'oo./////f /-/''.^/Y.' in the parifii of ChiJIiunt aforefaid., the tithes of which faid wood and underwood, lops anam!iel not ignorant ct the preniilfes, but raaliciouily intend- ing anc contriving to deprive the faid Nuihaniel of the ule and be- nrfii of the faid fi^veral windows, afterv/ards, to wit, on the fame fecond day o^i Ocloher in the ninth year of thereigo of the laid lord the now king abovefaid, and from the ftime fccond day p^ October in that year until the 20^h day oi Offiiher in the loih year of the reign of the faid lord the now king, at the parilK of !$.t. Martin in the F/f/./f in the co^unty aforefaid, a ceitaiii evince by him the faid Samuel before, to wit on the firft day ot June inthec)fh year abovefaid, 10 the nufance of the faid meffuage then and vet of him the faid Nathaniel, near the faid window of him the faid Na.'haniel th^re built and ertfted continued, and thereby the faid windows from the fame 2d day of Octoher in the igrh year abovefaid until the 20th day o\ 03(>her\n the io:h year abovefaid were flopped up and darkened, whereby the fame Na- tfianiel wzi deprived of and lc.lt the ufe and benefit of the faij windows from the faid fecond day of Oaober in the cth year abovefaid until the faid 20th day of Odober in the 10th year abovefaid : And whereas alio the faid Nathaniel, on the laid le- rond day of O.:!oher in the 9th year of the reign of the faid lord the now'king abovefaid, and coniinually from thence hitherto was poflefled a!!d ytt is polklTcd of an ancient ' houfe, fituate and bc4ng in the paiifli of St- Martin in the Fields in the county aforolaid, for a term of divers years then and yet to come and unexpired, and of twenty-one antient windows in and upon part of the fcuth fide, and eight antient windows in anil upon part of the eafl fi.le of the faid antient meduage, in and through which faid windows light into the faid antient mtfluage aiorclaid, be- fore the cr< ^lion and at the time of the ereftion of the other edifice herein afcer mentioned, was of ri^ht let, and yet oi right puijht Cafe for the continuance of the (lopping up of ijizhx-t. To this count there was a de- murrer, it not being faid that the lights were ancient fights. To this count the defendant pleaded Not guilty ; upon wnich iffuc the caute wts tried in MiJJkfex. whcicupon this I ule was midi-j and the plain, tiff had judg- ment; a wiie of eiror was after bromjhe in the exche- quer chamber, and judgment aiTinncdiitLic. Si]. Adion on the cafe. ought to be let, for the eniightening of his faid antlent mefluage lalt mentionci ; N'- verrhclels the faid S:ir»uel not ignorant of the preiDiifes, but malicioufly intending and contriving to deprive thf fiid Ndthaviel oi the ufe and benefit of the faid kveral win- dows lalV mentioned, afierwarls, to wit, on the fame 2d day of Otiober in the ^rh year of the reign of the faid lord the now king abovefdid, and from the faid fecond day of Ot/o^fr in that year until the tweniieth day g^ Otiober in the lorh year of the reign of the laid lord the now king abovefaiii, at the faid parifii of St. Martin in the Fields in the county aforefaid, a certain other edi- fice by the faid Samuel before, to wit, on the firft day of June in the 9th year abovefaid, to the nufance of the faid ancient me!- fuage then i\n<^ yet of him the faid NuthanieL near the faid feveral lall mentioned ancient widows of him the faid Nathaniel, there built and ertfted did continue, and thereby the windows laft afore- faid, from the fame fecond day of OBober in the ninth year above- iaid until the twentieth day of Oduber in the 1 oth year abovefaid, •were ftopped up and darkened, whereby the fame Nathaniel was deprived of and loft the ufe and benefit of the faid windows, from the faid fecond day o( Oclober in the ninth year abovefaid until the twentieth day of Oclober in the tenth year abovefaid : •whereby the fame Nathaniel lays that he is prejudiced, and hath damage to the value of 40 A And therefore he produces the iuit, (fc. t S3 ] Rofewell and Pryor. Midd'y to wit. At the fittings held at Weftminfter in the great hall of pleas ;n //4f foww/y c/" Middlefex, on Thurfday the z^th day of June in the i \th year of the reign of the Lord William the third., miv king nf En- gland, &c. before John Holt. knt. cliief jufiice of the faid lord the king afftgned to hold }>le as before the king himfelf. IT is order'd by the aflent of the parties, their counfel and attornics, that xhe pojlea {hall remain in the hands of the faid ciiiefjuftice until the fame chief juftice fliall otherwife order; and that it be referred to the fame chief juftice to have his opinion, •whether the aflion upon the ifi'ue joined between the faid parties be maintainable in law againft the defendant (the fame defendant, during the whole time of the continuance of the ereftion of the edifice in the faid adtion mentioned, not being occupier of that edifice) or not ; And it is farther order'd by the affent aforefaid, that this order be made a rule of the fame court of the faid lord the king before the king himfelf, if the fame court ihall think fit. By the court. Heath Adion on the cafe. 83 Heath agalnft Heath. London, to wit. flUhert Henlh, executor with one G/Z/^^f/ lieath Ajf-^^'pf'^ ^v a. ^ now deceafed ofthe !aft will and teiUinent of ''7J//,-"d''b' Jo/hua Heath his father deceafed, coniphiins of Richard Heath in ^^^^ tclUio£» the cuftody of the marHial, i^c for this, to wit, that v/hereasthe faid Richard Heath on the hrft day o^ January in the firft year of the reign of the lord George now king of Great Britain, i^c. at London, to wit, in the parifli of St. Mary-le-boiu in the ward of Cheap, was indebted to the faid Jo/kua Heath in his life-time in 20/. of lawful money oi Great Britain, ior divers goods, wares, and merchandizes by the faid Jo/hua Heath in his life-time to the fame Richard Heath and at his fpecial inftance and requeft be- fore that time there fold and delivered ; and the faid Richard Heath being fo therein indebted to the fame Richard Heath then and there in confideration thereof aflumed upon himfelf, and to the faid Jo/hua Heath in his life-time then and there faithful!/ promifed, that he the fame Richard Heath the faid 20/. to the {a^\dJo/?iua Heath, when he iliou'd be thereto after required, would well and faithfully pay and content : And whereas alfo the faid Jo/kua Heath in his life-time afterwards, to wit, the fame day and year abovefaid, at London aforefaid in the parilli and ward aforefaid, at the like fpecial inftance and requeft of the {dA^ Richard Heath had fold and delivered to the faid Richard Heath divers other goods, wares, and merchandizes ; the fame Richard Heath then and there faithfully promifed, thai he the faid Richard Heath all fuch fuin« of money, as the faid Jo/kua Heath for the goods, wares, and merchandizes lafl mentioned, reafona- bly deferved to have, to the fame Jojhua Heath in his life-time, when he fliould be thereto after required, would well and faith- fully pay and content: And the fame Gilbert in fadt fays, that the fa:d Jojhua Heath in his life-time, for the goods, wares and nierchanjizes aforefaid laft mentioned, reafonably deferved to have of the faid Richard Heath other 20/. of like money afore- faid, and thereof he the faid Richard Heath then and there had notice : Neverthelefs the faid Richard Heath his feveral promifes and afluniptions aforefaid in form aforefaid made not regarding, but contriving and fraudulently intending the faid Jo/huaHeatk in his life-time, and the faid Gilbert after the death ofthe faid Jo/hua, in this behalf craftily and fubtilly to deceive and defraud, the faid feveral fnms of money, or any penny thereof, to the fame Jo/lata Heath in his life-time, or to the faid Gilbert after the death of the faid Jo/hua Heath, hath not paid, or in any uife contented for the f?me, altho' to do it the faid Richard Heath bv the faid Jo/}tua Heath in his life-time was required, but the faid Richard Hearh hath hitherto altogether refufed to pay them to the faid Jojhua Heath in his life-time, or to the faid Gilbert Heath after the death of the faid Jojhua Heath and doth yet altogether refufs $3+ Adion on the cafe. Tzh\(: to pay tlicm to the fame Gilhtrt, in delay of tne faiihfij] execution of the will aforefaid, and to tlie damage of the laid aibett 30/. And ther^'fore he produces the fuit, i^c. And the fame Gilbert produces here in court the letters teP.amentary of the faid Jo/fno Heeitfi aforefaid, whereby it fufficiently appears to the court of the faid lord the now king here, that the faid Gilbert is executor of the will aforefaid, and thereof hath the adminiilration, ^c. [ 84 ] Nurton againft Pdris. Cafehyapar- Miild\\0 wit. /7 'Nne Nut ton complains of Hutrit'hiy Path I'carrie?for^ '" ^^^ cuRody of the mariT^al, l~c. for this, dam^ec? in ^0 ^''f» 'h^* whereas the faid Humphry on the firll day of July overturning his inthefirftyear of the reign of the lord Ge rge, now king of waggon, where- Great Brirain, isc- and for (livers years then Ult pift and ever by her colli r fmce hitherto was and yet is a common wat^eoncr, to wit, be- twecn the city of London and town or Ail jbury m the county oi Bucks : And whereas the faid Humphry on tlie faid firll day o^ July in the year abovefald, and long before and after hitherto was ufcd and accuftomed to convey and carry by himlelf and his fervants in a certain waggon of the faid Humphry divers lubjtfts of the faid lord the king, for a reafonable falary to him in that behalf to be paid from and between the city ol Lonlnn aforefaid, 8nd the faid town of Ailejhury : And whereas alfo flie the fame y/«nf the day and year abovefaid, at London in the pariHiofSf. Ecpulchre'm the ward of Farringdon wwhonl, at the fpecial in- stance and requell of the faid Humphry enter'd into the waggon aforefaid, to be conveyed and carried fafely and fecurely from the city of Lordon aforefaid to the town of Ailejhury aforefaid for a reafonable falary by him the faid Humphry of the fame Anne therefore to be had: and that the faid Humphry the day and year abovefaid, at London aforefaid, the faid Anne to convey and carry Jrou) the city of London aforefaid to the town of Ailejhury afore- laid in the waggon aforefaid had and received : Nevcrthi lefs the faid Humphry contriving and intending to deceive and defraud the faid Anne, did not convey or carry the faid Ame from 'he city oi London aforefaid to the town of Ailejhury aforefaid, bu,t the faid waggon the day and year abovefaid did fo negligently and carelefly difpofe, manage and drive, that the waggon aforefaid was overfet and overturned, whereby the left collar bone of her the faid Anne was broke, and the left HioulJer bone of the faid. jinnevi-is put out of joint, and the left arm of the faid Anne was bruifed, bent and maimed ; v/hereby flic fays that flie is preju- diced, and has damage to the value of too /. And therefore iTie produces the fuit, l5c. Htnfi Adion on the cafe. •S^ Hurjl and Hi 2ir. London, to wit' yJ Nre Hur/f, widow, execufr'x of t'ne lafl will Cafe by an exf- and teftniiient of //«<-aid, ff.r divers wares and merchandizes of the fa'd Ifaac in his ife-time by him the faid Jfaac to the faid IVilliam in his life- r g^ ] time, and at hi*; inftance and requeft, then before fold and deli- VL-red, as concerning divers other fuujs of money to the faid IJaac at the lime of his death due from the fuid John Hurft in his Sj A(^Ion on the cafe, Iiij life-time, and yet unpaid, for divers other wares and mer- chandizes of the faid Ifaac in his life-time, by the fame Ifaac To the faiJ John \n his life-time, and at his inftance and requeft, then before fold and delivered ; and upon that account the faid Dorothy then and there was found in arrear to the faid y^nne in 13/. 6 s. -J J. of lawful money oi England ; the faid Dorothy \n confideration thereof then and there, to wit, on the faid 12th day of J«n?in the year of the Lord 1702 abovefaid, at Lonrlon aforefaid in the parifh and ward aforefaid, aflumed upon herfelf, and to the fame Anm then and there faithfully promifed, to pay to the fame Anne i\\e. faid 13 /. 6 s. "j d. when rtie fliould be thereto after required: And whereas alfo the faid Dorothy after- wards, to wit, the fame 12th day of June in the year of the Lord 1702 abovefaid, at London aforefaid in the parifli and ward aforefaid, accounted with the faid Anne^ as well concerning divers other fums of money to the fame Ifaac from the faid IVil- liam in his life due, and yet unpaid, for divers other wares and merchandizes of the faid Ifuac in his life-time, by the faid Ifaac in his life-time to the fame William in his life-time, and at his inftance and requeft, then before fold and delivered, as concern- ing divers other fums of money to the faid Ifaac at the time of his death due from the fz\A John Hurji in his life-time, and yet unpaid, for divers other wares and merchandizes of the faid Ifaac in his life-time, by the faid Ifaac to the fame John in his life-time, and at his inftance and requeft, then before fold and delivered ; and upon that account the faid Dorothy then and there was found in arrear to the faid Anne in i\.l. of law- ful money of England ; the faid Dorothy in confideration there- of then and there, to wit, the fame 12th day of June laft men- tioned, at London aforefaid in the parifh and ward aforefaid, affumed upon herfelf, and to the fame Anne then and there faith- fully promiL'd, to pay to the fame Anne the faid 14 /. when fhe ihou Id be thereto after required : Neverthelefs the faid Dorothy her pronjifes and afllimptions aforefaid in form aforefaid made not regarding, but contriving and fraudulently intending the fame Anne of the faid feveral fums of money craftily and fubtilly to deceive and defraud, the fai whereby it fufficiently ap- pears to the court of the faid lady the now queen here, that the fame Anne is executrix of the will of the faid ffaar, and hath «he adminiftraiion thereof, ^c, London, Adion on the cafe. J 85 London, to wit. 'Y S- late of Lo«,/;;?, merchant, and Zi. /?. late Caje on a fpe- ' / , . , cul contract to ^ ot the lame, merchanr, were attscned to (j^-jiver coo/ anfwer R. D. in a plea of trefpafs on the cafe» ifc. And third fubfcrip- whereon the fame Richard by ^. 5. his attorney complains, that tion to the whereas he the faid /?/V/^rt>^ on the Ath day of A/, in the year South-Sea at London aforelaid in the paiifii of St. Peter le Poor w'hcfe part of in the ward of Brondjireet, London, had paid 500/. by him b?- the contraft fore then fubfcribed in the third fubfcription to the governor and money was company of merchants of Great Britain trading to the South- P'"' aiter- Seus and other pans of America, and for the pronioing of the ^*''''*' filliery, £fff. called x\\q South-Sea company: And whereas alfo afterwards, to wit, the fame day and year, at Lo^'don aforcfaid in the parilli and ward atorefaid, it was agreed between thr f^id y. and E. and the faid R. that the faid R. upon payment of 1550/. with intereft afierthe rate of 5 /. for the hundred by the year for the fame from the day of that agreement, fhould deli- ver to the faid J. and E. the f.iid 500/. third fubfcription to the governor and conipany aforefaid, and that the faid J. and E. Ihould pay to the faid R. upon the delivery of the faid 500/. third fubfcription, that fum of 1550/. of lawful money of G?vfl/ Britain, with intereft for the fame after the rate of 5 /. for the hundred by the year from the day of the faid agreement, and that the faid J. and E. fhould allow and pay all future calls upon the faid 500/. fubfcription : And thereupon the fame J. and E. afterwards, to wit, the 5th day o^ July in the year abovefaid, at London aforefaid in the parifh and ward aforefaid, in confiJera-* tion that the faid R. then and there at the fpecial inftance and requeftof the faid J. and E, had aflumed upon himieif, and to the fame J. and £. then and there faithfully promifed, to*perforrn every thing in the faid agreement contained on the part of the faid R. to be performed, aflumed upon themfelves, and to the faid R. then and there faithfullv promif..'d, that they the fame J. and £. the agreement aforefaid, in all things on their parts to be performed, would well and faithfully perform : And the [ 86 j faid R. in faft fays, that afterwards, to wit, on the loth day of Jf-ril in the year of the Lord 1721, at London aforefaid in the parfh and ward aforefaid, he the faid R. delivered to the faid J. and E. the faid 500/. third fubfcription aforefaid : Neverthe- Breach, lefs the faid J. and E. not regarding their promife and afTump- tion aforefaid, but contriving and fraudulently intending craftily and fubtilly to deceive and deiraud the faid R. in this behalf, have not paid or caufed to be paid, nor hath either of them paid or caufed to be paid, the faid lum of 1550/. with fuch intereft 1550/. for the fame as is aforefaid, nor any penny thereof, according to tKe form and effeft of the agreement aforefaid, alfho' to doit they the faid J. and E. were afterwards, to wit, the fame day and year, at London aforefaid in the parifh and ward aforefaid, and often after, by the faid R. required, but have altogether refuf- cd and yet do refufe to pay him, or caufc him to be paid the Vol.1. L fame ; 86 Adion on the cafe. Liid another ^^'"^ = ^"^ whereas alfo afterwards, to wir, the fifth day o'ijtdy way. in the year lad abovefaid, at /.<;«(/!?« atorefaid in the pnrilK and v/:ird aforefaid, the faid R. at the like inltance and r-^queft of the faid J. and E. had bargained and fold to the faid J. and E. other 500/. third fubfcription. to the comp'tny aforefaid for 1500/. ot like lawful mosiey, with inttrefl tor the f;iine from the day of the bargain and iaie thereof, payable after the rate of 5 /. for the hundred bv the year; in confiieralion whereof, and in confideration that the faid /?;<:Art>Y/ had taken upon hinifelfand faithfully proniifed the faid J. and E. to deliver to them the faid J. and E. the fiid 500 /-third fubfcription to the faid company, they the fame J. and E. afterwards, to wit, the fame day and year lalt abovcfaid, at Lond.n aforefaid in the parifli and ward aforefaid, alTumed upon themfelves, and then and there faith- fully promifed the faid R. that they the fame "j. and E. would pay to the faid /?/c//«ri the faid other fum of 1500/ with in- lereft for the fame from the faid day of the bargain and fale thereof, upon hi- delivering to them the faid other 500/. third fubfcriplion to the faid company: And the faid RicharJ\n faft fays, that afterwards, to wit, on the 26th day of M. in the year cf the Lord 1721 abovefaid, at Loidon aforefaid in the parifli and ward aforefaid, he the faid R. delivered to the faivl J. and E. the faid lall mentioned 500/. third fubfcription to the faid Breach, conipiuu' : Neverthelefs the faid J. and E. have not paid or caiifed to be paid, nor hath either of them paid or caufed to be paid, the faid fum of i 500/. with fuch interefl for the fame as is aforefaid, nor any penny thereof, altho' to do it they the faid J. and E. were afterwards, to wit, the iame day and year laft above- faid, at Lor.don aforefaid in the parilli and ward aforefaid, and often after, by the faid R. required, but have altogether refufed, snd yet do refufe to pay him, or caufe him to be paid the Laid another fame: And whereas alfo the faid J. and £. afterwards, to wit, *'*y* on the fifth day of July in the year of the Lord 1721, at Low tion aforefaid in the parifli and ward aforefaid, in confideration that the faid R. at their like fpecial inftance and requefl: had fold to them the faid J. and E. other 500/. by him the faid R. fubfcribed in the third fubfcription to the faid company, and in coi.fideration that the faid R. had affumed upon himfelf, and faithfully promifed the faid J. and E. to deliver to them the faid J. and E. the faid lai\ mentioned 500/. fubfcription, aflumed upon themfelves, and then and there faithfully promifed the faid R. that they the faid J. and E. would well and faithfully content and pay the faid i^. another fum of i 500 /. of like lawful mo- Tiev, with interert for the fame from the day of the fale, upon Averment ^'s delivery of the 500 /. fubfcription laft mentioned : And the faid R. in fadt faith, that at a general court of the faid com- pany held on the 18th day of M. in the 7th year of the reign of the lord the now king, it was ordered, that ftock of the go- vernor and company aforefaid fliould be immediately given for payment on the third fubfcription aforefaid after the rate of 400/. by Adion on tlie cafe. J S6 t)y the hundred for everv lOo/. thereof, with the MiJ/ummer di- vidend ofio/. by the hundred for every loo/. thereof in the flock of the fame company, whereof the faid J. and E. after- wards, to wit^ the fame day and year, at LonJon aforefaid in the parilli and ward aforefaid had notice : And the fai." R. farther inf^ft faith, that afterwards, to wir. on the 27th day o{ A in the 7th year of the reign of the now king abovefaid, at Lon- lion aforefaid in the panlh and ward atore!a;d, at the South-Sea houfe being in the panili and ward aforefaid, trom 10 o'clock till « 2 o'clock of the fame day (the fame y. and E. having no- lice by the faid R. then before given, that they iliould be pre- fcnt at the place and time aforefaiil to claim and receive the flock for the faid laft meniioned 500/. third fubfcription to the governor and company afortfaid allowe.i) he the laid R. conti- nually there remained, and tor all the laid time v/as there ready and otLred to deliver to them the faid J. and E. the faid iaft mentioned 500/. by him the faid R. fubfcribed in the third fubfcription aforefaid, and to transfer to the fame T and E. all luch flock and other benefit ashy the governor and comyanv aforefaid was or fhould be given or allowed for the faid iaft ijientioned 500 /. in the third lubfcription by him the faid R. fub- fcribed asatorcfaid, and they the faid J. and E. then and there might claim and have the faid lail mentioned 500/. fubfcription : BreacJi. Neverfhelefs the faid J. and E. then and there did notVoniej f 8- 7 nor did either of them, or any other perfon for them or either •■ •' J of them, then and there come to receive or claim the faid lafl mentioned 500/. third fubfcription, or to accept the flock or other benefit which was or fliould be given or allowed by the governor and company aforefaid for the faid 1500/. the money paid by the faid /?. in the jd fubfcription aforefaid, but the faid J. and E. have altogether refufed to accept the faid laft men- I'oned 500/. in the third fubfcr'ption aforefaid, or fuch (lock and other benefif as fhould be given or allowed for the fame bv the governor and company aforefa'd ; yet the faid J and E or either of them, at that time or any other time hitherto hive not paid or caufed to be paid, nor hath either of them paid or raufed to be paid, the f.iid ic;oo/. laft mentioned, or any penny thereof, although they the faid J. and £:. afterwards,' to v^it, the fame dav and year, at London aforefaid in the pariHi and ward aforefaid, and often after were requefted to do it by him fhe faid R. but they the laid J. and £. have altogether denied, and yet^ do deny to pay him or caule him to be paid the fame[ to the damage of the faid Richard i6co/. And therefore he products the fuit, ^c. M.jfon 87 Adion on the cafe. Ma/on and Slipper, Cjff agairift t!ie NorfoU;, tO wit. "Diehard hfafon late of Neflon in the COUniy flieiifftorin cf- aforcfaid, efq; was attached to anfwer to tape on an Samuel Sli/fer, clerk, in a plea of trefpafs on the cafe, ^c. ' . And whereon the faid Samuel by M'lUuim Belts his attorney complains that whereas George OxenJen, doftor of laws, of the court of Canterbury of the archts London official principal law-* fully conflituted, in a certain caufe of appeal and complaint, which lietore him in judgment between the faid Slifff tht lady Anne, rwiu queen 0/ Great Britain, l^c. Midd\ to wit. "R E it remember'd that JViUiam Cozvper, baron ►pjie »//? prius oi M'lnghat/!, lord chancellor of Great Brilniiiy jecoid. on Monday next after the odave of St. Hillaty this fame term be- fore the lady the queen at IVeJJminJler, by his own proper hands delivered her* into court a certain record had before the faid lady the nov/ queen in her chancery at Wejlminjhr in the county of Middle/ex, in thefc v;ords ; Pleas before the lady the now queen in her chancery at Wejiminller in the county of Middlejex in Michaelmas term in the 8th year of the rsign of the lady Anne, by the grace of God of Great Britain, France and Ireland queen, defender of the faith, ^c. London, to v;ii, Richard Tirrel by JVilliain Smith, eiqj his attorney complains againft James Sedge- ivick, efq; one of the curfitors of the faid lady the now queen, prefent here in court in his proper perfon for this, to wit. Ami Jo recite the ijjv.ein the peltybng office ; and who are neither of affiniry to the faid Richiird nor to the faid James, to recognize en their oaths more fully the truth of and concerning the premiiies^ At which day before the lady the queen at IVeftmirJier comes as well (he f^i'.i Richard Tirrcll by Shaiv his attorney, as the faid Jatnes tl-dgeixjiik in his proper perfon: And the flieriffs of ioW'/on aforcfaid, to wit, Richard Iloare, knt. and 7homas Dunk, efq; return the writ of the lady tne queen oi 'venire facias to them in form aforefaid direJled in all things ferved and executed, to- gether with a panel of the names of the jurors to the fame writ annexed, of whom none, Iffc. Therefore the flieriffs of londm nforefaid are commanded, that they diftrain the jurors aforefaid by all their lands, l^c. And that ©f the iffues, Eifr, fo that they may have their bodies before the lady the queen at IVi'flvii^/lcr on Monday next after the o£l,ave of the purification of the blcffcd Mary, or before John Roivell, knt. one of the jnfticcs of the lady the queen alfi^ncd to hold pleas in the court of the faid lady the queen before the queen hcrlblf, if he Hiall before coii>e, on. Saturday next after fhe puri3cation of the blelfcd Mary, at Cuild- hnll, London, by the form of the llatutc, Is^c. for want of jurors, l^c. Therefore let the ilierilE have their bodies, ^c. The fame \l l' '' ^■^°' J- 4- oay J4E. 3. c. i6 s? The podea. V*crdii!t for the r 90 ] The iiinir:. Adion on the cafe. clay is given to the parties aforefaid there, l^c. Afterwards the day anu year within containeti, before John Poiiell, knt. one ot the juftices of the lady the queen, v/ithin wr\nen, John luce, gent, being afibciaied to him by the form of the ftatuie, life, comes the vithiii named RicharJ Tirrell by his attorney within contained, and the within written James SeJgeixtck, ah ho' at the fame day folenmiy called, comes not, but makes default ; therefore the jury wiihin mentioned is taken againfl: him by default ; where- upon the jurors of that jury beint^ called, fome of them, to wit, Thomas tialler, Thomas IVaifon, T. IV. A. B. and J. C. come, and on thnt jury are fworn ; And becaufe the refidue of the jurors of that jury do not appear, therefore others from the by- Itanders, by the iheriffs afortfaid to this elefted, at the requeft of the faij RicharJ, and by the command of the juftice alorefaid, are added anew, whofe names to the panel w'thin written are affixed according to the form of the ftatute in fuch cafe made and provided : And the jurors fo added anew, to wit, T. S. G. F. J. B. R. R. IF. B. J. L. and G. C. being called likewife come, who to fay the truth of the within contained, together with the other jurors aforefaid before impanelled and fworn, being elect- ed, tried and fworn, fay upon their oaths, that the within named James ^ed^eivick did afTume upon himfelf in manner an*i form as the faii Richard Tirreli within complains againil him ; and they alVefs the damages of the faid Richard Tirrell by reafon of the premifles within written, befides his colh and charges by him about his fuit in this behalf laid out, to 34 /. 10 J. 1 1 d. and for thofe cofts and charges to 53 s. ^d. Therefore, fife. 18 Feb. 1709. For cofis of increafe 11/ ^ s. ()J. Damages in the whole 48/. 10 s. A,me by the grace of God o^ Great Btitain, France ^nd Ireland queen, defender of the faith, £5V. To the ihcritfs of Utidjn, greeting: We command vou that vou caufe to come before us in our court on Monday next after the oftave of St. Hillary next coming, wherever we lliall then be \n England, twelve free and lawful men of the city of Isn^ow aforefaid, each of whom has 10/. of lands, tenements or rent, by the year at leaft, by whom the truth of the U&. may be the better known, and who are nei- ther of affinity to R- chard Tirrell nor io James Sedgeivici, efq; one of the curfitors of our court of chancery, to make a certain jury of the country between the parties aiorefaid in a plea of trefpafs on the cafe, becaufe as well the faid James as the faid Richard, between whom therein is a difpute, have put themfelves on that jury : And have there the names of the jurors and this writ. IVitnefs ourfelf at IFeJImirJer 29th day of November in the 8th year of our reign. Trever Baulirtg. The Action on the cafe. 9o The execution of this writ appears in the panel annexed. The return. f Richard Hoate, knt "^ The anfwer of ^ and V fheriffs. (_ 'Tkomas Dunk, efq; 3 Jurors between Ric^arJTirrell and James SeJgezvick, efq; one of the curfuors of the court of chancery, of. in a plea ot' Irefpals on the cafe. A B. of. cffc. C. D. of, yc. and fo the reft of the panel to And John M/'atJon. Each of the jurors aforefaid by hiir/elf is fummoned. CJohn < an I Rich. John DQe By •^ and /irdRoe. Ar.nehyihc grace of Gq^ of Great Britain^ France and Irt' The her,\)y the name oi Chrijlopher Clnheroe, plaintiff, and the bctore named Brian and Margaret tiien his wite, delorceants of the tenements aforefaid, with the appurtenances, bv the name of one mcjruage, four cottages, five barns, four gardens, four orchartis, thirty- tour acres ot land, ten acres ot meadow, thirty acres of palture and fix acres of wood, with the appurtenances in Pyr.rir, whereof a plea of co- venant was fummoned between them in the fame court, to wit, that the fi'd Brian and Margaret acknowledged the faid tene- ments, with the appurtenances, to be the right of the faid Chrijhpher, as that which he had of the gift of the faid Brian and Margare: ; and that they releafed and quitted claim from them ih- faid Brian and Margaret and their heirs to the faid Chrif- toi>her and his heirs ft)r ever : And farther the lame 5r/i7« and Margaret granted tor themfelves and the heirs of the faid Brian, that they would warrant to the faid Chrijlopher and hi< heirs the Wfcsofthe fine, fliid tenemenis, with the appurtenances, agamil the faid Brian and M/r^^/rtf/ and the heirs of the faid Br/rtn for ever: Which fai i fine fo had and levied was had and levied to the ufe of the faid Chrtftoph r and Mary his then wife for the term of their lives and the life of the longer liver of them ; and from and after their tieceafe, to the ufe of the heirs male ot the body of the faid Chrijiopher, o'l the body of the faid Mary begotten or to be begotten ; and for want of fuch itliic, then to tlie ufe of the right heirs of the faid Chrijiopher .- By virtue of whi.h fine, ^^"■'^'lic"' ^"<^ ^°V force of the ibtute for transferring ufes into poflcfTion, iiciuuio.' ic. ^^^^ ^^-.j Chrijhpher and Mary were feifed of the tenements aforefaid, with the appurtenances, for the term of their lives and the life of the longer liver of them, the remainder thereof as is r ,1 at^orefaid : And afterwards, to wit, on the i8th day of No'vemher Deat'iPo^f onl of '" the 17th year of the reign of the lord Charlesih^ firtt. late king the*t'cn"aiiufor of Eng/and,\t Hartovj on the Hill aforefaid the faid Chrijiopher lilc. of fuch his eftate died feifed, and the faid Mary him furvived and kept herfelfin: And afterwards, to wit, on the 7th day of The other tc March \n the year of the Lord 1648. the fame Mary at h'ar- nant for lite ro^ on the Hill aforefaid of fuch her eftate died feifed; after «iics. whole death the tenements aforefaid, with the appurtenances. Remainder tie- ^jecended to One Chrijiopher Ciitheroe as fon and heir male of sJii'n'ia tail. ^^^ ^^'^ Chriflipher the grandfather by him on the body of the faid Mary beg;otten, which faid Chriftother the fon into the te- nements aforefaid with the appurtenances entered, and was thereof feifed in his demefne as of fee-tail by virtue of the gift aforefaid ; Aiel. aforefaid ; and afterwards, to, wit, on the 20th day o£ Jptil in the year of the Lord 1655, the faid C/ni/lop/ier the Ion, at //«>•- roiv oti the H:ll aforefai'.i, of fu* h his eilate thereof died feifed ; and from the faid Ch-ifiopher defcenJed the fame tenements, with the appurtenances, to one 'Thomas Clitheroe as fon and heir of the faid Chriftopher the fon, which faid Thomas Clilheroe into the tenements afortfaid with the appurtenances entered, and was thereof feifed in his demefne as of fee-tai!, by virtue of the gift aforefaid j and afterwards, to wir, on 2d day oi No^j ember in the year of our Lord 1681, at Harro'w on the Hill aforefaid, the fame Thomas of fuch his eftate therein died feifed wiihout heir male from his body ifTuing ; and from the faid Thjfuas dcfcended the tenements aforefaid, v/ith the appurtenances, to one Chrif- topher Clithe'oe as brother and heir of the faid Thomas^ which faid Chrijiopher the brother into the tenements aforefaid with the appurtenances entered, and was thereof feifed in his demefne as of fee-tail, by virtue of the gift aforefaid : and afterwards, to wit, on the 22d day of O^r/o^^-r in the year of our Lord 1686, at H.irroiu on the Hill aforefaid the fame Chrijiopher the brother of fuch his eftate thereof died feifed without heir male from his body ifTuing ; and from the faid Chriftopher defcended the fame tenements aforefaid, with the appurtenances, to one James Cli- lheroe, as coufin and heir male of the faid Chrijiopher the grand- father upon the body of the faid Mtiry begotten, to wit, fon and heir of the faid James Clitheroe^ who was fon of Chrijiopher the grandfather, by the fame Chrijiopher the grandfather on the bo- dy of the faid Mary begotten, which faid James the fon into the. tenements aforefaid with the appurtenances entered, and v/as feifed thereof in his demefne as of a tee-tail by virtue of the gift aforefaid ; and the faid James fo thereof being feifed aferwards, and before the ifTuing of the aforefaid writ, to wit, on the firfl day of January \x\x\\^ year of the Lord 16S6, at Harroixi on the ///'//aforefaid demifed the tenements aforefaid, v/tth the appur- tenances, to the faid Thomas Frar.klyn and Mary Isis wife, as Jone as it fhould pleafe the faid James and Thomas Tranklyn and Mriry his wife ; by virtue of which faid demife the fame Thomas and Mary afterwards, and before the ifTuing of the faid writ, to wit, the fame day and year, into the tenements aforefaid with the appurtenances entered, and were thereof pofT iTcd : And they farther lay, that they are not tenants of the fame tenements as of freehold, nor were on the day of the ifliiing of the originsl U'rit of the faid Henry, or ever alter : And this they are ready to verify : Wherefore they pray judgment of the writ aforefaid. And the faid Henry Clitheroe fays that his writ aforefaid by anything before allcdgcd ou^ht not to bcquaflicd, becaufe by protefiing that the faid Chriftopher Clitheroe the griindfather did not die feifed of the tenements aforefaid, with the appurtenances, in his demefne as of fee-tail, as the (i\u\1 homas Francklyn an.^ Mary his v;ife above by pleading have alicdged, for pica the fame Henry 93 Death of tenant in tail. Entry of him In remaindei'. Dies witliout iffue. Defcent to the grandtathcr. Entry and fci' fm ia tail. Leafc at v.il!. Not tenants of the ficciiold I'Laclt-d in abatement. Tlie di-mani^- aut protejlan^t replica iicy w.rc tenants or the ticehulJ, &c. 9St Demurrer la b^r. Con^.iouancei I 94 ] Jadgmciit to anf'.vcr over. Plea in chief- Seifin in fee. Fine levied. Aiel. Henry fays, that the faid Thomas Francklyn and A'Liry his wiff, ort the fame day of the ilfuing of the original writ of the faiJ Henry Clitheroe, to wit, on the 22d day of April in the y\ year of the reign of the lord "James the fecond, the lare king, were tenants as of the freehold of the tenements aforefaid v/itb the appurte- nance.";, as the fame Henry Clitheroe by his writ aforcfnid above fuppofds: And this he prays may be inquired of by the coun- try, ^f. And the faid Thomas and Mary fay, that the p'ea of flie faij Henry above in replving pleaded, and the matter in the fame contained, are not fufficient in law for the faid Henry to main- tain his laid asflion againll them the fai^l Thomas and Mary had, iind that they to that plea in manner and form atorefaid have no necefTity nor are by the law of the land bound to ai:fwer ; And this they are ready to verify : Wherefore for want of a fufficient replication in this behalf the fame Thomas and Mny prnv jtidg- . inenr, and that the faid Henry may be precluded from his aftion aforcfaid had, ^r. And the faid Wfwrj, for that he hath in replying above alledged fuffijient matter in law to maintain his writ aforefaid, which he is ready to verify, which faid matter the faid Thomas and Mury do not deny, nor thereto any v/ay anfwer, but the averment aforefaid altogether refufe to admit, prays judgment, and that his vrit aforefaid may be adjudged good, and feifin of the tenements aforefaid, with the appurtenances, may be adjudged to him, ^r. And becaufe rhe jultices h'ere will advife themfelves of and upon the preniiifes before they give judgment thereon, a dav is given the parties aforefaid here until on the morrow of the Holy Trinity to hear their judgment thereon, becaufe the fame iulHces thereof not yet, fife At which day here come as well the faid Hemy as the fard Thomas and Mary by their artornies aforefaid ; and upon this the prcmiffes being feen, and by the juflices here more fully underflood, it feems to the fame juiHces here, that the faid Henry hath above in replying alledged fuffi- cient matter in law to maintain his writ aforefaid : Wherefore \i is faid by the court here to the faid 1 homas and Ma'y, that they farther anfwer the faid Hemy to his writ and count aforefaid, l^a And upon this the faid Thomas and Mary defend his right when, f r. and fay, that the faiii Henry ought not to have his af^ion fiforefaid againft them, becaufe they fay, that long before the faid Chrijlopher had any thine to do in the tenements afore- faid with the appurtenances, one Bryan Edlyn was feifed cf and in ihe tencnicr,ts aforefaid, with the appurtenances, hisdemefne as of fee, and he being fo thereof feifed a certain fine was levied in the court of the lord James the firft, late king of England, at pr^flminjlery to wit, in the oftave of the purification of the blcfl- c6Mary\n the year of the reign of the faid V'.ug James ih^ fir'd of England, France and Ireland, 7th, and of Scotland 45d, before E. Coke, T. Walmjly, P. IVarhurton, IV. Daniel and T. fojler, jullices and others the faithfiil fubjcdts of him the late king Aid. 94- Jfing ihen there prefent, between the faiJ Chr'^pphcr, bj- the name of Clirifl/fiur Clitheroey plaintiff. an.A rhe t"nid Bryan sivi Margaret then his wife, deicrcf .mis of the renemcnts alc-efaid v/ith the appurtenances, bv the name of one melluage, foiuco;- tages, five barns, four gardens, four orchards, 34 acres of land and fiK acres of wood, with the appurtenances in Pynnor, where- of a piea of covenant was fummoned betu-cen them in ihe lanie court, to wit, that the faid Brian and M^rrgmet acknowledged The faid tenetnents, with the appurtenances, to be the right of the laid ChrijJopker, as that which the faivl Chi/^o/'h^rh^d of the giic of the faid Bryan and Margaret ; and that they releafed and quit- ted claim iVoin them the faid Bria^ and Margaret and their heirs to the faid Chr>Jioiher and his heirs for ever : And farther the fame Brian and Margaret granted for themfelves and the heirs of the faid Briar, that they wouhi warrant to the faid Chrijiopher and his heirs the faid tenements with the appurtenances, againft the faid Brian &\\^ Margaret ^x^A th.e heirs of the laid i'r/.^w for ever : Which faid fine fo had and levied v/as had and levied to The ufcs. the ufe of the faid Chrijlopher and M.iry then his wife for the term of their lives and the life of the longer liver of them, and from and after their deceafe. to the ufe of the heirs male of the body of the faid Chrijhpher on the body of the faid Mary begot- ten or to be begotten J and for want of fuch heirs male, then to the ufe of the heirs of (he body of the faid Chrijhpher begotten or to be begotten ; and for want of fuch ifTue, then to the ufe of the right heirs of the faid Chrijlopher : By virtue of which Selfinby vlrtne fine, and by force of the ftature for transferring ufes into polfef- ot the (latutc lion, to v.'it, at Harroiv on the ///// afore faid in the county afore- of ulcs. laid, the faid Chrijlopher and Mary were feifed of and in the te- nements aforefaid with the appurtenances, for the term of their Jives and the life ot the longer liver of them, the remainder thereof to the heirs male of the body of the faid Chrijlopher, on the body of the faid Mary begotten, the remaindtr thereof as aforefaid : And afterwards, to wit, on the i8th day of AW^ot- Tenant for lite her in the 17th year ot the reign of the lord Charles the ftrfl:, late '^ '^''^ king oi BnglanJ, at Harrow on the Hill aforefaid the faid Chrij- t'jpher of fuch his eftate died fsifed, and the faid /V/r,;-^ furvived him and kept herfelf in ; and afterwards, to wit, the 7th day of A/rtrc-6 in the year of the Lord 1648, the fame Mi?f^ at ILirroit} .^n ^^ ;» tjjj. ew /A? //;// aforefaid died thereof ot fuch her eftate feifed; after v^hofe death the tenements aforefaid, with the appurtenance<;, defcended to one Chrijhpher Clitheroe as fon and heir male of the body of the faid Chrijlopher the grandfather, by him on the body of the faid Mary begotten, which faid Chrijlopher the f,->n into the tenements aforefiiid v/ith the appurtenances entered, and was thereof Icifcd in his dtmefne as of lec-tail by vinue of the gift aforefaid; and afterwards, to wit, on the 20th da^ of April in the year of the Lord 1655. the fame Chrijlopher at Harroijuon the /////aforefaid of fuch his eftate therein died feifed, and from that Chrijl)ph^P 94t Alel Chrtjlopher defcendcd the fame tenements, v/Ith tlie appurferi- anccs, to one Thomas Clitr.eroe as fon and heir of the the faid i./irifiopher the fon, which faid Thomas into the tcneincnls afore- faid with tl»e appurtenances entered, and was thereof fcifcd ia his demsfne as of fee-tail by virtue of the gift aforefaid : and afterwards, to wit, on the zd tlay of No'vemher in the year of the Lord 1681, the faid Thomas at Harroiv on the //rZ/alorcfaid of fuch his eftate therein died feifed without heir male from his body ifluing, and from the faid Thotitas defcended the fame te- nements, with the appurtenances, to one Chriftopher Clitheroe as brother and heir of the faid Thoma^y which faid Chrifiopher the brother into the tenements aforefaid with the appurtenances en- tered, and was thereof feifed in his demefne as of fee-tail by vir- tue of the gitt aforefaid ; and afterwards, to wit, on the 22d day o'i Odoher'xn the year of the Lord 1686, at Hnrroiv on the Hill aforefaid the fame Chiijiopher the brother of fuch ertate therein died iVifed without heir male from his body ifluing, and from that Chrtjlopher defcended the tenements aforefaid, with theap'- purtenances, to one '^ames Clitheroe, as coufm and heir male of the body oi Chri/lopher the grandfather on the body of the faid Mary begotten, to wit, fon and heir of James Clitheroe who was fon of the faid Chrijlop'ier the grandfather, by the fame Chrif- topher the grandfather on the body of the faid Mary begotten, which faid James the fon into the tenements aforefaid with the appurtenances entered,and was thereof feifed in his demefne as of Another fine fee-tail by virtue of the gift aforefaid j and the fame James be- levicd, ing fo thereof feifed, afterwards, and before the ifluing of the writ aforefaid, a certain fine was levied in the court of the lord James the fecond, late king of England, at Weftminjler, to wit, from the day of St. Martin in fifteen days, in the fecond year of the reign of James the fecond, by the grace of God of EfjglanJ, Scotland, France, and /)-e//7«<^ king, defender of the faith, i^fc. be- fore Henry Beildin^fieLl, T. Street, E. Lutiuyche and J. Poix:ellf jufliices and other faithful fubjefts of the faid late king then there prefent, between the faid Thomas Franklyn and Mary h'.s v/ife, [ 95 J plaintiffs, and the (a.mc James Clitheroe the fon, deforciant of the tenements aforefaid, by name ot two meiluage.';, forty acres of land, fifty acres of meadow, forty acres of pafture and ten acres of wood, with the appurtenances, in Harroijj on the Hill, where- of a plea of covenant was fununoned between them in the fame court, to wit, that the fame James acknowledged the faid tene- ments, with the appurtenances, to be the right of^ the faid Thomas, as thofe which the faid 't homas, and Mary\\' J} year of the reign of the lot J and lady William and Mary nozv king and queen of England, &c. The f»rata. Midd\ to wit. 'T^ H E jury between Henry Clitheroe, efq; de- X mnndanr, and Thomas Ftanklyn, efq; and Mary\n$ wife, in a plea of land is put in refpite here until from the day of the Holy Tr/m'j' in i 5 oays, unlefs Henry Pollexfen, knt. chief juflice of the lord and lady the king and queen of the bench here affi ^ned by form of the ftature, il^c. on Fri !tiy the I4tli day of February at IFeflnnnf^er in the hall there, com- monly called WeHminfler-liall in ihe county aforefaid, /liall firft come tor want ot jurors, becaufe none come, therefore let the flierifF have the bodies, l£c. And be it known, that the juftices herein court this fame term have delivered the writ thereof to John Cooke, efq; the deputy fherifF of the county aforefaid, in form ol law to be executed, i^c. i 9^ J Arbitrement. Haw to plead an award -^ iDith much ufeful learning on that Juhje^l. Prad. Reg. 165. 171. i Salk. 69, 72, 67. Athttralion loni. KNOW all men by thefe prefents. That 7. fofeph B. of l^c- am held and firmly bound to John W. o^,^3c. in 100/ Wf. /" and in the year of the Lo.-d 1720. The condition of this obliga- tion is fuch, That if the above bounden fofeph B. his heirs, exe- cutors and adminiftrators, and every of them, do and fhall for hisan.i their part and behalf well and truly in all things ftand to, obey, abide, perform, fulfil and keep the award, order, arbitre- mert, end and final determination c;f Daniel D. of Hackney aforefaid, efq; J. C. of the fame efq ; and C. IV. of the fame, efq; or any two of them, arbitrators im'ifferently elected and named, as well on the part and behalt ot the above-bounden y. B. as of the above-named J. W. to arbitrate, award, order, judge and determine of ami concerning all and all manner of aflicn ami aftions, caule and caufes of aftion, fuits, quarrels, controveifies, irefpafTes, damages and demands whatfoever, at any time here- tofore had, moved, brought, commenced, fued, profecuted, done, fuffered, Arbitrement- 9^ fufferec?, cbmir.ittci^ or depending, by and betv.'ecn the faid par- ties, or either of them, fo as the faij award be made by the faid arbitrators or any two of them, and ready to be delivered lo the parties in ditF(;rence, ot fuch oftlieni as Hiail defire the fame on or before the !4ih day of February next, (hen this obligation to be void, tlfe to remain in full force and virtue. And it is alfo agreed by and between the faid J. B. and J. W. that this fub- nulfion to the faiii aw ird To to be made as aforefaid fliall be mace 9 & 10 W. 3. a rule of his majeiU's court of king's bench at jfeflmiiijler, pur- c. 15. fuant to the late atl of parliament tor that purpcfe. Afficlaiit 'jf tlie execution of t/ie arbitration bond. *y T. of LonJon, gent, maketh oath, That on or about the J' 'zS\h d?iy o\ Jcvniary lafl: pall, he this deponent did fee J. B. fign, leal, and as his aft and Aee>.\ deliver unto the faid J. IF. one bond or obligation, bearing liate the faid aS^h day of January^ with a condition thereto for the performance of an awaril to be made by D. D. of, l^c. and C IV. of, If^c and J. C. of, L^r. or any two of thorn, of all aftions and dem-inds whatfoever be- tween them the faid y. ^^. and y. B. And it was alfo thereby agreed by the faid J. R. that the faid fubmillion to the award of the faitl prbitrators fiiould be made a rule of his maj;fty's courj of king's bench at IVejini purfuant to the aft of parliament for that purpofe. And this deponent farther faith, tha' the name of L 97 i him th s deponent fubfcribed as a witnefs thereto is the proper hand-writing of him this deponent. Monday next after the morronju of the purification of the hlefjed Mary in the "fthyear of king George. The rule of court thereupon. ON reading the oath of J. 7*. gent, and the bond and condi- tion of the fame, bearing date 26th day of January in the year of the Lord 1720, duly executed between the parties, i? appears to the court here, th;.t all an all manner of adtion and aftion*, caufe and caufes cf aftion, fuits, qu^.rrels, controverfies, trefpalTes, damages and deman'.s what!oever at any time before the date o the faid bond had, mover' commenced, done, fuf- fered, committed or di.pt:nr!ing by and between the faid parties, or either of them, fhouid be referred to the award and final de- termination of D. D. oi hackney, elq; J-C of the fanir, efq; an * C. H^. of the fame, efqj fo as they publifh their awarn in Vtriting under their hands and fcalson or before the 14th dav of February rcxt following the date of the faid bond. Anc. it far- ther appears to the court here, that the faid parties have lub- iTiitted and agreed that the faid fubmilTion be nia^ie a rule of this court : It is therefore order'd that the faid fubmiffion in manner and form aforefaid made, according to the term and eff(.is prox' po/l '{'•inJen^ pnchie anno prima Georgii Regis, Brook verfus Taylor 01 dinaC ejl q„od orda fafi' (fo infert the rule •verbatim) to per Cur'. Who ferved the faid rule or paper writing upon you, or delivered ir, or copy thereof, to you ? Did the perfon who ferved the faid rule or paper writing upon you then acquaint you with the contents thereof, and deliver you a copy thereof? What was the tenor, purport or meaning ot the faid rule or paper writing fo fliewn or d( livercd unto you, as you then underftood, or have bten fioce informed? By v.honi, and about what tim?, when, and by M 3 whom 9S [ 99 ] Arbitrement. vhnm, were you firft acquainted with the contents of the faici rule or pap.-r writin^j, and did you kiuiw lherL•o^ ? What did you then, or at any tiuic betor^.' or fince, lay whether you would or would not pay the money mentioned in the award mentioned in that rule of court ? Have you not declared you would never pay the faid money, or pertorin the laid awani, and what have you at anvtime, and , when, faid, either before or alter the fervice of the faid rule, as to your refuting or not paying the faid money, or not performing the laid awad ? Declare ihc truth of all and every the ma ters inquTed of you by this interrogatory. Itew, D) you know of anv, and what award, at a^y time, and when made, by any, an>l what pcrfon or pcrfons, in piirfu- ance of the faid rule inquired of by the preceding interrogatory ? Were thu' names of the perfons or arbitrators that male fiicii award Jeremiah Mar/ozv, "Jofeph Braiulm, and Samuel Gtiforit or what other name or names w>.re they known or called bv, and what was the tenor ol fuoh awarci ? Vv as it to the tenor follow- ing ? that is to fay, Whereas at a fating of nift priuf (fo infert the awTrd "jerbatim ) When were you firft, or at any other time, acquainted with fuch award ? By any, and what pcrfon or perfons was you at any time, and when, ferved with, or had delivered to you a copy of the faid award inquired cf by any, and what ptrfon or perfons, and was you at any time, and when, requ're.t or dtfired by any, and what perfon or perfuns, to pay the lum of 9^/. in the faid award mentioned, or any other, and what fum, to tlenry Brook in the faid award mentioned, or to per- form the faid award ? And did you at any time or times, and when, and how often, refufe or negleft to pay the faid q^l. to the faid Henry Bnok ? Were you on the i6th day bi May laft at B.iifj'is Coffee-huufe, Lor.don, in the faid award mentioned, between the hours of ten and twelve of the clock with the laid 94/ ready to pay the fume to the faid Hemj Brojk; and if fo, how long did you continuf' there with the fa;d 94. /. to pay the fame to the faid Heny Bro'A, or have you at any tune, and when, and vvh''rc, and in whcfe prafence, paid the faid 9^./. to the faid Henry Brook P Declare the truth of all and every the matters inquired of you by this intc/rogatory. Item, Were vou not ferved with a rule of court, the tenor wherer f is as followeth. That is to fay, (iw,l fo infert the rule for the attnchmer.t ■■,) And when did you fee, or receive, or had the copy thereof? And was the faid 94./. at anytime, and when, f^enianded of you, and by whom, and why did you not pay the faid 94./. Declare the truth of all and ^^try the matters in- 7(/, ^f. at Wajhninfler by T. M. his attorney, and produced in the fame court of the faid lady the Cjueen then there his certain bill againft the faid Sarah Drake, by the name of Aar^A Drake, witlow, executrix of the will of Robert Drake the younger, executor of Robert Drake the elder, in the cuflody of the marlTial, i^c. in a plea of breach of cove- nant, and there \A.ere then pledges to profecute, to v.it, 'Jchti Doe and Richard Roe ; by which faid bill the faid Thomas Morris coiiiplained againft the faid Sarah Drake, widow, as executrix of the will of Robert Drake the younger, executor of Rober: Drake the elder, being in the cuftody of the marfhal of the Murjholjea of the faid lady the queen before the queen herfelf, for this, that whereas by certain articles of agreement in writing indented made the 17th day of May'xn. the fourth year of the reign of the !ord and lady William and Mary late king and queea of Ergland, at London, to wit, in t!ie parifli of St. Mnry-le-loio in the ward oiCherp, between him the faid Thomas and the faid Sarah, by the names of Thomas Morris of the city c/He the younger on the body of the faid Sarah to be begotten, and to the heirs male of the body of fuch firft fen, wirh the like remainders to the fe- cond, third and every other Ion ; ami for want of fons, then to the daughter and daughters of the body of the faid Robert Drake the younger on the body of the faid Sarah to be begoiten, equally lobe flivided between them, and to take as tenanis in common and not as jointenar fs, and to the ft.veral and refpec- tive heirs of their bouies lawfully to be begotten i the remain- der to the right heirs of the faid Robert Drake the younger, as by the faid articles more fully appears: And the faid Thomas Morris then in faft faid, that nficr the making the faid articles, to wit, on the firft day of July in the 4th year of the reign of the faid late king and queen abovefaiii, at London aforefaid in the parifli and ward aforefaid, the marriage between the faid Robert Drabe the younger and the before named Sarah the daughter of the fai.! '] hom.'/s was duly and lawfully had and folemnized ; and that afterwards, to wit, on the ift day of /i:i- g"ft'\r\ the 4ih year abovefaivl, the faid marriage portion of the laid .Vah by rcafon of the premlflls : And bcLaufe ir was unknown to the court of the laid lady the cueen then there, what damages the faid 1 homas had fultained Av.-ar.iofa by rcafon of the premiircs aforefaid, the fii.r'h''s of London were w lit of inquiry. Commanded, that by the oaths of good and lawful men of their bailiwick thev fhould diligently iriquire what damages the faid Thomas bad fultained, as well by reafon of the premises, as for his cous and charges by him about his fuit in that behalf expended ; and lliould fend the inquifition which they fhould tike thereon, together with the writ cf the queen to them di- r^ded, to the faid lady the -queen at IVefiminfier on Monday next aiter the morrow of the afcenfion of the Lord, under the fea!, l^c. and the feals, l£c. The fame day was given to the frcrt. thcticfciidanUO AN D the f.iid J"'''*' C/rt^ by J^hn I illy liis attorney comes and rtTciiLls ihe force and injury, Is^c. And prays oyer of the wriiinj, obli?ls, and before the return of the fame, to wit on the 22d day of June in the 8th year ol the faid la'c king above- faid, at Londo'i aforefaid in the pariHi and ward aforefaid, to Oit-en Btickirghanty Unt. ard Edivard Willi:, knt. then iTieriffof the county of Middlefex aforrfaid, 'vas delivered in form of law to be executed ; on which faid Wtdriefdny next after three vvetk? of the Holy 'Trinity, before the faid late king at IVtJlm'inP.er, came the faid Richard Chifwell in his proper perfon, and cfferVl himfelf agaipft the faid Charles Brojvne'xn the plea aforefaid ; ard the faid fheriffof the county of Middle fex returned, that the faid CharUs is not found in his bailiwick ; and the fame Charles did not come; whereupon the faid Richard afterwards, to wir, in the fame Tfinity term in the 8th year abovefaid, profecuted out of the fame court of the faid late king before the faid late king himfelf, the fame court then likewif ■ being at IVeJlmioJlir aforefaid in the county of Middle/ex aforefaid, a certain other precept at the fuit of the faid Richard zgz'wW the faid Charles direfted to the then fheriffof the county of Middlesex aforefaid, whereby the faid fherifF was as before commanded, that he fliould take the faid Charles if, l^c. and him fafcly, l^c. fo that he might have his body belore the faid late king at JVe fl mi rjler on Friday next after three weeks of St. Michael, to anfwer to the faid Richard C/jif- nteH in a plea of trefpafs, and alfo to the bill of the faid Richard againft the faid Charles for 8i /. 6s. 3 d. on promife, according to the cuftom of the court of the faid late king, before the late Jcing hiiTifclf to be exhibited, and that he fliouKl have there then that precept : The fame day was given to the faid Richard there, i^c Which faid precept the fame ^/MrW profecuted to the faine intent above recited, and which faid precept the fame Richard rifterwards, and before the return thereof, to wit, on the lorh day of Oil oh er in the 8th year abovefaid, at Lotidon aforefaid in the parifh and ward aforefaid, to John IVoolfe, knt. and Samuel Ble-vuit, knt. then fherifF of the county of Middlefex aforefaid, delivered in due form of law to be executed -. On which Wednef- day next after three weeks of St. Michael, be'bre the faid late king at Weflminjler, came the faid Richard Chif'iuell in his proper perfon, and cfFtred hin.feif againO: the f2iv\ Charles in the plea aforefaid, and the faid ilicriff of the county of Middlefex did not return that lafl: mentioned precept, nor did any thing therein : Therefore, as before, the faid fiieriffof the cov nt y of Middle f ex aforefaid was commanded that he fhould take the faid Charles, if ^c. and him fafely, Iffc fo that he might have his body before !he faid late king at IVeJlminJler on Saturday next after the ciflave of Bar. I to4 cf St. Hillary, to arfwer to the faid Richard Chifnxell In a plea of trtfppfs, and to the bill aforefaid : The fame dar v.-i; given to' thef ia Richiirtlihtre, i5c. before which day the iVtil late king tVilliamih^ third departed this life: And on the fame da; the Demlfe of the procefs on the precept aforelaid, and the pica of the procefs laft king. mentioned, was aijourned by writ of the lady /hme, now queen o^ England, ^r. of common adjournment before the fame lady the queen at Welimihjhr, until trom the dny of Eajler in three »A'eeks from thence ne'xt following ; On which day from Eajier in three weeks before the faid lady Anr.e, now qaecn of England^ l5\. :i\. JVejlminfter CAintths ia\C\ Rich'ird ''n his prnperperfor, and ofFereu himfelf againft the f-.aion and difcharge of the feveral promifes and afTumptions afortfaitl, aud of all the money therein mentioned j which faid ten hogflieads of tobacco the faid Jo/in in full fatisfadion and difchar'ge of the feveral promifes and alTumplions aforefaid, and of all the money in the fame mentioned, from the faid Jofeph then and there had and received : And this he is ready to verify : Wherefore he prays judgment if the faid John ought to have or maintain his adtion aforefaid thereon againft him, &c. W. Brainthiva:'/. RepT. tfiitfe And the faid John fays, that he ought not to be precluded did pot deliver, from his aftion aforefaid by any thing by the faid Jofefh in plead- and iffue there- ing alledged, becaufe he favs that the faid Jo/f/'/z did not give •"• and deliver to the lame John 100 hogflieads of tobacco, in full fatisfaftion and difcharge of the feveral promifes and afTiimpiions aforefaid, and of all the money in the fame mentioned, in manner and form as the faid Jofeph hath alledged : And this he prays may be inquired of by the country : And the faid Jofeph likewrife, Peniurrcr to And the faid John hys, that the plea aforefai 1 by the faid the pica. James in manner and form above pleaded, and the matter in the Tame contained, are not fuflicient in law to preclude him the faid John from his adion aforefaid againft him the faid Jofeph had, and that he the faid John haih no necefTity, nor is bound by the law of the land, in any way to anfwer to that plea in manner and form aforefaid pleaded : And this he is ready to verify ; Where- fore for want of a fbfiicient plea in this behalf, the fame Jf^Z/w prays judgment and his damages by reafon of the premiffes afore- faid to be adjudged to him, &c. And for caufes of demurrer in 5 7 L\- c 5. law in this behalf, according to the form of the flatute in fuch 4^A. c. 16, cafe made, he fets down and to the court here exprefles thefe caufes Bar. 1 1 OS caufes following : Pecaufe the fiLii Jnmcs in his plea aforefaid bath alledged. that he gave rr-'l dtJivercd to the faid Joh?^ oo _ hogflieads cf tobacco in fun fatisfsaion and riifchurge of the L ^ J feveral promifcs and afTumptions afortlaid, and of all the money in the fdme mentioned j and afterwards hath allocged the accep- tance in the words foilowin-, Which faid ten hogflieads of to- bacco 'he; faid John, in full fi-iisL-ftion and difcharge of the fe- veral promifes and afTumptir^r-.s afnrefai.l, ana of all the money in the fame mention'^d, fr'^iii the faid Jofeph then and there.- had and received : And the faid Js/;^' farther iays, that the plea aforefaid jsinconfident, incertain, not iduable, and wants form. G. l/earg. The defendants demur in law, becaule the fame Margaret Cafe? of (!e- liath brought and profecuted her aflion aforefaid againll the fame murrcr affigned Ethvord Thomtis, C?V. in thr county of the city of London, where after a gencial by the law of the land the af^ion atorrfaid, for the rent aforefaid c'e^^rf^''- by the fame Marparet \n manner and form aforefaid protecuted, ,g ' ^ ought to be brought and laid in the counties of Effex and Mid/He- fex, or one of them ; and alfo becaufe the demife bv the inden- ture in the declaration fpecif.ed is not alledged precifely and affirmatively, but by way of relation and recital. C. Wearg. AN D the faid Jofeph fays, that the plea aforefaid by him the joinder Tn de-J faid 'Jofeph in manner and fonn aforefaid above pleaded, and murrer to a the matter in the fame contained, are good and fiifficient in kw to P^^* ^^ ^*'"' precluile him the faid John from his aftion aforefaid thereof againft him the faid Jofeph had ; which faid plea, and the mat- ter in the fame contained, the fame Jofeph is ready to venf"y and prove, as the court, ^c. And b.rtufethe faid John Moubr/iy doth not anfwer that plea, nor anv wav hi'herto deny it, the faid Jofeph prays judgment, and that the faid JJin Mof.bmy mav be precluded from bis aftion aforefaid thereof againll him the faid Jofeph had, l^'c. But becaufe the court of the" faid lord the kin? now here are not yet advifed to give their judgment of and upon the preuiiiu's, day therefore is given to the parties aforefaid be- fore the lord the king at IVejiminJier until next after to hear their judgment of and upon thofe premifles, becaufe the court of the faid lord the king now here not yet, l^c. "^^HEN, Ifc. And prays judgment of the declnration afore- Prmnrrfr in faid, becaufe he fays, that the declaration aforefaid, and abatrmmt to a the matter in the fime contained, are not fufficient in law to f,'^'','^j"'°° "* maintain the action of him the laid Thomas againll iiim the faid ^"^ ^* Ldrvord had, to which the fame Edtvard hath nonecefiiiy, nor is obliged by the law of the land, to anfwer : And this he is ready to verify : Wherefore for want of a fufficient declaration in this behaU, the faid Ed-wnrd prays judgment of that declaration, and that the fame declaration may be (.juafbcd, ^c. And for caufes Vol.. I. N of Caufes; io6 Bar. of (demurrer in law upon ihe ileclaration aforefaid, the fame *'/■• ^- ^- EJ'n.aiJ, accorLiing to the form ot the ll.iiuie in luch cafe latelr nude anJ p'ovideil, fets down and to the court here fxprefles thefe caiifes loHowing, to wir, that no town, p;ir'fli or place is nllfdged in the lame declaration where the laii Itiivutd the cloft atorefaid broke or cnter'd, and for that the fnnie d.erlara- tion is in itlelf repugnant, contraditljry, and wants form, l^c. 'Iho. Booth. JFhite and Combes mid others. Iinparlance for A N D now at this day, to wit, Iffc. next after, ll'c in tins !^an",twopLad -O^ I'unet.nn, uitjl which day the iA<\ John Combes, John A'«« ajfampfit. i^ofter and Charles M'ilkirpjn, had leave to imparl to the faid bill, and tlien to anfwer, &/-. before the lord the kin/ at Ifef?- rair/hr come as well the laid htiznbeth by her attorney atore- faid, as the faid John C. J. F. and Chmles IVilkirfon by G. IV. their attorney : And the fame John Comhes, 'Thomas Fojltr and ChayUs IV. defend the force and injury when, Ifc. And the l\»d J. C. and J. F fay, that thev did rot aliume upon ihem- felves in manner and form as the fiid Elizabeth ab;)ve againft ihem complains : A'ld of this they put theinfclves on the coun- try ; And the faid FAizoLeih thereof likewife, Iffc. The -idNenaf- ^"^ '^'^ ^"^'^ CJu.rles fays, that the fnid hlizaketh ought not fumpfit; to have or maintain Jier aftion atorefaid thereof againft hiai, »no by lc>aTe of becnu'e be fped, or on iiny pj,rt thereof, ac- cording to the form and cfllftcf the condition aforefaid ;apd thac the faid EdzvarJin his I:fc-tin.e before the faid lOih day ofOdo- ter'xn that year, to wit, on the fi'ft day o^ SeMemhfr in the faiJ 36th year of the reign of the faid lord Ch'irles the fecond, at Bition aforefaid in the county aforefaid, furrendcred the faid feveral parcels cf land in the faid condition above mentioned, and every part and pircel thereof, and h's whole ferm and eftaie in the fame, to Rich/irii Joves, cfq; an-l his heirs, which faid RiiharU Jor.es then and there accepted of the furrcnder aforcfaid ; And ^ ' this Bar. t»«>9 gl;nJ unto fuch p^rfons as his faid late niajcfty iliould ap- point tor the executing the powets and authoruies there. n after expreffeJ, and that ali and every the perfons to be named com- [ IiO } uiiitloncrs in the faid comniifuons rcfptQ'vely, fiiould by virtue of that aft be conuirfiiuners rciptft've'y tor and within the feve- ral cit}es, corporatioiis, bovoughs and cinque ports and their niotubtrs, and other port-towns within the kingdom of Evgland, dominion of ^/^w/fs- and town cf ^cnt/V^ uf'on T'vjeed, for which they fliould be refpcftively nominated and appointed ; And it is farther enafted by the fame aft by the authority aforefaid, that all peribns who upon the four and twentieth day of Decem- ber 1661 fiiould be mayors, aldermen, recorders, bailiffs, town- cUrks, common council men, and other perfons then bearing any office or offices of niagiftracy, or places or trufls, or other em- ployment relating to or concerning the government of the faid refpeftive c'ties, corporations and borougl)s and cinque ports, and ilijir n)einbers, and other port-towns, fliould at any time before the tweniy-fifth day oi' Marr/j 1663, v.'hen thfy fliouM be there- unto required by the faid refpeftive cnmm'llioners, cr any three or more of them, take the oaths of allegiance and fuprcmacy, and rhe 02ih in the fame aftfpecified, and alfo at the iaid time fliould putiicLly fiibfcribe before the faid commlfTioners, or any three ot them, the dcciaraiion in the fame aft fpecified : And it is fartlier by the fame aft enafted by the authority aforefaid, that the laid refpeftive commiiTioners, or any three of them ref- peftively, fliould have power, durin_g ihe continuance of their reipjftive rommdTions, to adminifter the oaths aforefaid, and teiid'.r the faid declaration to the faid perfons thereby required to take and fubfcribe the fame, and from and af^ter the expiration of the f;*id rfpeft've coinmiiriuns, the laid three oaths and declara- tion Hiould be from liineto time adminitlcr'd and tender'd to fuch ppifon and perfons who, by the true meaning of that aft, or any claule therein conrn:ned, were to take the fame by fuch pcrfori or perfons ret'peftlvcly, who by the charters or ufages of the faid refpeftive cities, corporaiioiis and boroughs, and cinoue ports N 4 * and Jir>. Bar. inJ their members, and other port-towns, ough to aJminifter the oath for uue executini^ the lai.i pbces or offices rtfpt-ftively, anJ in default offuch, by two jufiices of the peace ol (he faid cities, corporacions an».i boroug' N.itiiil cinque pons ani.1 their mem- bers, and other port-iowns for the time being, if any lu. h there be, cr others ife by two jufliees of tlie peace for the time being of the refpedive counties where the fa-d cuics, corporations or boroughs, or cinque porrs, or their m'.-inbers, or other 'port-lowns: And it is further enaded by ihc fame aft by the auihoriry afcrcfaid, that froin .m ■. after the expiration of the lali. coininillions no per on or perfors fiioulo for i vtr th.rei'Jer be placed, elected or chofen, in or ;o any o the cfiices or pla;t:s aforefnia, iha^ ibould not have within onj ye.ir next beicre luch election or choice taken the facranicnt of the Lorel's lupper, aecoroirg to the rites of the charcM of Englun.l ; and thtii everv fuch perfon and per- foo fo phceu, elcfte'l or rhofen, iliould l;kew;f? take the dfori.- faid three oaths, and lubkribe ;he faid declaration at the fsniive time when the oarh fdr tlie cue execution oi the laid plates and offices refpet^lively fhould'b^- adniiniiier'd i and in .'.ciaull there- of every fuch placing, eledion and choice, is thereby enafted and declared to be voi'< : And it is thereby enaded by the au- i thority aforefaid, that the pov^'trs granted to the coitim.fTioners "by virtue of '.hat ad fliould continue and be in force until the five and twentieth oi March 1663, and no longer, as by the fame a;V«^ afterwards in the life-'ime of the faid John Freelandy in the fame Eafier term in the year abovefaid, by the judgment of that court recovered againll tne faid John Fredand zoqI. for the debt, and 56 s. A^d. his cia.nages which \it had luHained, as well by realon of the detention of that debt, as for his cofts and charges by him about his fuit in that behalf expended, as by the record and proceed- ings thtreof in the fame court of the faid lord the king before the king himlelf at Wejlminjler aforefaid remaining more fully appears ; V\ hich faid judgment was and yet is in its full force, flren^th and efFeft, not reverfed, annulled or fatisfied : And the faid John Fiiend farther fays, that the faid John Freelandm his ]ickznl'.e \n the life-time of the fiid Jjhn FredanJy to wit, oti the 28'h ilay of September in the 3|rh year ot the rc'gii of th. lord Cfutrles the fccon(t, late king ot EnflanJ, Cff. at Fuijlgrivijlciid in the county aforcfaid, ha.l dcmifed to the faid John treeland the aioiery of a mefluagc, barn and certain lands, coniaiiiing bv etYunation 120 acres more or Ufs, with the appurienanci s in the com:iion fi'.lds of Bf'ghi- hcl/n/ione ; to have and to hold to the fifid Jo^m Free'a^d Irom ihence until the end of one year from thence next following, and fo from year to year as long as both parties lliould pleale ; yielding therefore yearly and every year, as long as the faid John fre^lund {liOu\.\ have and lioKi the tenements aforcfaid by virtue of that demif-', 45 A of lawful money of Finland to the faid Sicii'iile: \iy virtue of which ciemjfe the fc?d to the faid John Free- Lmd at the time of his death, beirg in the hands of the laid J. Friend to be adminiilered, if he hid fo njuch thereof in his hands to be adminiftered ; and it he had not fo much in his hands, then the damages aforefaid to be levied of the proper goods and chattels of the fiid J-Jin Frierd : And tho fame Jc/in Frier.d'xn mercy, ^r. Which faid judgment vas and yet 1? in us full force and effect, not reverfed, annulled or faii^fied ; And the fame John Friend farther fays, that he hath fully ad- Fully adrrnni'.- ir.inifiered all the goods and chattels which belonged to the laid ^p^^ ^^„^ John Freela-d at the time of his death ; and that he hath not, nor ^^^^ j^ry." at the time of the exhibition of the bdl ot the faid 7'/7o/wr/x /r&o/a^r aforefaid or ever after bad, any goods or chattels which belong- ed to the faid John Freelard at the time of his death -.n his hands to be adminiftered, rxcept goods and chattels to the value of 5/. Except 5*. and not more, which are liable to the payment of the faid le- veral fums of money by the faid feveral judgments recovered : And this he is ready to verify : Wherefore he prays judgment if the faid 'Thiiuas ivjiger ought to have his adion aforeluid thereof againfthim ; with this, that the fnid John Frierd will verfy, ^^^"^^'^^"^ that the fail T^An f--iVw,-y in the feveral judgments named, and *^ '•' the faid John Friend in the declaration afortfaid abovcnaiiied, are one and the fai^e perfon, and not other nor divers, ISc. WHcn, ^r. And fays that he cannot deny the a£lion of the Nothing by * faidCor^f aforefaid, nor but that the writiog aforefaid ^'[""^.^^n^^ )s the deed of the faid John his brother, nor but that he is the brother and heir of the laid John, rcr but he owes to ihe (M^Geoige the faid 100/. in rhe form in which the laid G". above againlt hinj hath declared ; but the faid Samuel lays, that long before the making of the writing aforelaid, to wit, on the iftdav of ylfril in the year of the Lord 1655, one Samuel Friddon, the grandfather of the faid Samuel now defendant, was f: I ft- d of three meffuagts, one cottage and 100 acres ot land, Iving and being in Toul^-ratje in the -county aforefaid, in his diuiifneasof fee, and (b b-^ing thereof feifed the fame 5. B. the grandfather, before the making of the writing afon fiid, to wit. iizl Baf. wit, the fame clay anJ year at }'ouIgr/jve aforefaid, by his deed fealcd enfeoffed one Roi^itt Bateman of the mefluages and tene- ments atorefaid with the appurtenances, to have and to hold to the I lid Robert Bateman and his heirs, to the ufe of the faid S. H. the grandfather for the term cf his hfe, without iinpeach- nient ot any walle ; and after his deceafc, then as to the ufe of a moiety thereof to the ufe of one Anne Bateman for \ht term of hr life ; and after the feveral deaths of the faid S. B. the graniifather and Anne the faid feveral eftates being deierminedj then to the ufe of the heirs male of the body of the /aid 5. B. the granc!fath?r on the body of the faid Anne lawfully to be begotten ; and for want of fuch iffue, to the ufe of the heirs female cf the bodv of the faid S. B. the grandfather on the body of the faid Anne lavvt'uily to be begotten ; and for want of fuch iflue, then to the ufe of the right heirs of the faid S. B. 1- i7- 8. c. 10, the grandfather for ever: By virtue of which faid feofFmenr, and bv force of a certain aft made and provided in a parliament of the lord Henry xhs eighth, late king oi Ergland, held at IFe/i- minfler in the county of MiJJleftx on the fourth tiay oi February in the 27th year of his reign for transferring ufes into poflelfion, the fame .9. B. the grandfather was fifed of the faid meffuages and tenements with the appurtenances in his demefne as of free- hold for the term of his life, the remainder thereof over expec- tant, as above inform aforefaid is limited j and fo being thereof feifed the faid 5. B. the grandfather, afterwards, and before the making of the faid writing, to wit, on the ifl day of M/iy m the year of the Lord 1656, at Tculgnrje aforefaid, had ifTue male of his body, on the body of the faid Anne lawfully begotten, the faid Jobn his elder fon and him the faid Samuel his younger fon, and afterwards, to wit, on the ift day of June in the year of the Lord 1675. f''^ ^'''^' '^- ^- ^^^ grandfather and the faiil Anne at 7'oy.lgratye aforefaid in the county aforefaid died of fuch their eftattsfo therein feifed, after whofe death the faid John into the faiil melFuages and tenements aforefaid with the appurtenances entered, and was thereof feifed in his demefne as of fee-tail, to r ^^3 } ^v'^ 'o him and the heirs of his boJy lawfully begotten, the re- mainder thereof over as above is limited inform aforefaid ex- pectant, the reverfion thereof to the fame John and his heirs ex- pectant ; and fo being thereof feifed the fame Jahn afterwards, to wit, on the firft day of May in the year of the Lord 1685, at loulgrave aforefaid in the county aforefaid, of fuch his eftate died thereof feifed without LlTue of his body begotten ; after whofe death the faid Samuel, the now defendant, into the mef- fuages and tenements aforefaid with the appurtenances entered, and was and yet is feifed thereof in his demefne as of fee-tail, to wit, to him and the heirs of bis body lawfully to be begotten, the remainder thereof over as above in form aforefaid is limited ex- pectant: And the faid 5. the now defendant, farther fays, that he the faid &»iM J, the now defendant, hath not any lands or tenements Bar. ii^ fenements by hereditary dcfcent from t];e faid Jihn his brother in fee-fiiiiple, nor had on the day of the iifu- ing of the original writ in this behalf, nor ever after, ex- cept the faid reverfion in fee fimple on the faid eilate-iail, whereof the faid Samuel BridJon the grandfather infeoiTcd the faid Robert Bateman in form atorcfaid, which faid reverfion defcended to the faid Samuel as brother and heir of the faid Jo/tn by heredi- tary right in fee-fimple, and except one cottage, one garden, and one acre of land, with the appurtenances, in 7ou/£raz>e afoTe" faid in the county aforefaid : Ano this he is ready to verify : Wherefore he prays judgment if he the faid Samuel, the now defendant, as brother and heir of the faid Jolin his brother, with the debt aforefaid, c xcept from the faid reverfion of the melfuages and tenements aforefaid, whereof the faid Samutl BridJon the grandfather infeoffed the faid Robert Bateman in form aforefaid, and in the faid one cottage, one garden, and one acre of land, with the appurtenances, in Toulgyave aforefaid, by virtue of the writing aforefaid ought to be charged, l^c. AND the faid Mary and Dorothy by A B. their attorney come Bar by flat, ri and defend the force and injury when, ^c. And fay, that Car. 2. c. 13, they the faid Mary and Dorothy o\ and upon the promifes afore- of afury. faid ought not to be charged, becaufe they fay, that by a certain c-i^'' cil^ aft made and provided in a parliament of the lord Charles the * fecond, late king of England, ifc. begun and held at IVeftmin- Jler the 25th day oi April in the i2ih year of his reign, among other things it is enafted by the authority of the fame parliament, that no perfon or perfons whatfoever from and after the 29th day c^ September in the year of our Lord 1660, upon any contraft fhall from and after the faid 29th day of September take direftly or indirectly for loan of any monies, wares, merchandize or other commodities whatfoever, above the value of 6/. for the for- bearance of 100/. for a year, and fo after that rate for a greater or leffer fum, or for a longer or fliorter time : And that all bonds, contrafts and affurances whatfoever made after the time aforefaid for payment of any principal, or money to be lent or covenanted to be performed, upon or fer any ufur" '"hereupon or whereby there fhould be referved or taken aL^.e the rate of 6/. in the hundred, as aforefaid, fiiould be utterly void, as in the fame aft, among other things, more fully is contained : And the fame Mary and Dorothy fay farther, that after the making of the faid aft, and after the faid 29th day of September in the year of the Lord 1660, to wit, on the 23d day of May in the year of the Lord 1695 at IVeJlminJIer in the county aforefaid, it was coi- ruptly agreed between the faid Ward and the faid Mary and Dorothy, that the faid IFard fliould accommodate and lend th« faid Mary and Dorothy the fum of 18 /. and /hould give day for the payment thereof until the firft day of Odober next following ; and that the faid Mary and Dorothy, for the loan of the fame 18 /. and for giving day of payment thereof for the time aforefaid, fiiould give and pay to the faid IVard the fum of 30 s. of lawful money 1 1 3 1 Bar. rn'>ncy or" Erfltincl on tlie fai^l firll Jay of Osi^ber than next fol- lowing for the gain and intertll thereof, and fur giving day of piviiient ct the laid 1^/. whereupon the laid //'rt;v/ in perfor- mance of tiiat corrupt agreement afterwards, to wit, on the faid 22d day Oi Mtiy in the year and plaee in the declaration aforefaid ruary in the 56ih year of C'wtles the fecond abovefaid, at London aforefaid in ilieparilh and war^ aforefaid, he the faid J^^w Fo/l er haih and r^^ccived of the moppv of the faid Henry the fum of 40 /. by him the faid JJm, as ferving ot him the faid Henry^ to be paid ; and that the faid John Fi///?r the I'amc 40/. then and there cloined, walled, and from the faid F-ienry unjuftly detained, and to the life of him the faid John then and there converted and difpofed ; v.'iiereof he the isi^ Henrj afterwards, to wit, on the firft day of Far, 114 A//7>' in the firft yesr of the rei^n cf the iori and iady the novr kiUj; and queen, at Lotiilon aloreliiia in ihe parifl) anJ ward aiore- laki, gave notice to the lame C/^//r«Vr, snii tlicn arul there re- uuired hini the iuid Cnnrles fo pay liiiu the laid henry the lame 40.'. and that the laivl Churla then abfolucely deiiieii, and ytt ijoch oeny, to pay tiie laid thmy the fame 40/. Aim llii* lie is ready to verify : Wherefore he prays ju..gnient and his debt aiorer.iUi, together wi;h his daira^es by rcalon ot thu detention of that debt, to be auju iged 10 hiu), i^c. And ihe laid Chui its iiys, that the faid John Fojler did not Rcjo'ndfr, thrtr eloin, wade, detain, nor to his own prcptr ule convert and dii- he did not pofe the laid 40/. of the money ot han the faid Hctuj, or any '^^^^■t ^od iiTue penny thereof, in ir.anntr and lorui as the faid Htnry above ''^^''""• ihertof in replying hath alledged: And of this he puts himfelf upon the country, and the lata /i^;7ry likewife, Isc- Thiretore let a jury thereon come before the lord and lady t^c\Q king and tjueen at ^'V///w»Vy?fr on next alier and v/ho nc];hcr, IS'c. to recognize, l3c. becaufe as well, b'f. The fame day is given to the parties aforefaid there, iSc. "YY HEN, Ifc. And prays oyfr of the writing obligatory afore- That he 3^- faid ; and to him it is read ; and he likewifc prays oyer of peared at th« the condition of the lame vtriting obligatory ; and to him it is read ^^y '" ^- ^' in thel'e words; The condition of this obligation is fuch, that if the above-bound y^mos BodUy do sppear before the faid lord and lady the king and queen at IVeJlininjier on IVednefday next after three weeks of the Holy Trinity, to anfwer to Jo n DJAe, efq; in a plea of trefpafs, and aifo to the bill of the laid John againtt »he fdid Amos lor 60/ for a debt, according to the cutloin of the court of the laid lord and lady the king and queen bv.fcre the king and queen the mfelves to be cxhib'ted, then this prefenc obligation to be void an. of no eftea, otiierwife to remain in iis full torce, ftrength and t-ffcft : VViiich beingread and heard, the fame An.os f^ys that the laid Hugh ought not to have or maintain his aftion aforefaid thercot againu him, betaufe he fays, that the making of the writing obligatory aforefaid, and before the day ot the exhibition ot tne bill aforefaid, to wU, on the iaij IVeJnelday next after three weeks of the Holy Trin'ty, in the condition aforefiid above mentioned, he the fame /^/;j(/i- appeared belorethe faid lord and ladv the king and queen at JVejin.jyhr, toanfwcT to the faid Jo/^« Z/Oit'/<' in the plea and bill aforelaid, according to the foriii and tff.tt of the condition aforefaid ; And tl.is he is reai'.y to verity by the rt-cord thereof in the court of the laid lord and lady the king and queen belore the lorJ and ladjr the king and queen themklves at IViltwin/icr aforefaid remain- ing : V^iierefore he prays jit ;gment if the faid Ilu/fh ought lo have or maintain his adion aforefHid thereof againll hi.n, bv. And the faid Iluyji fays, tiat he by any thin^ by the faid Amos above in pleading alit: :g'ed ought not to be precluded from his ^^P'- .'^"'^ action afoiefaid ihereot a^ainll him ihc Uiu Aaos had, brtaufe he fuchVccordi favs. Rrjolnder that ^rre is luch record. £ us J Conditions performed t5> articles. I Hi Bar. fays, that there is not any fuch record of tppearartceby the fai'J j4//ks made before the faid lord and lady the king and queen at tVeJlminJler aforefaid on record remaining, as the fame yimos above by pleading hath alledged: And this he is ready to verify : Wherefore he prays juilgment if he the faid Hugh ought to bof precluded from his aftion aforefaid thereof againll the faid uimos had, ijfc. And the faid Amos as before fays, that there is fuch record cf the appearance of him the f«id Amos before the faid lord and lady the king and queen at iVeftmlnJier on record remaining, as the fame Amot above^m pleading hath alledged : And this he is ready to verify by that record : And the fame Amos is order'd tc» have that record before the faid lord and lady the king and queen at IVefiminJler on next after at his peril : The fame day is given to the faiU Hugh there, Cffr. Ty H E^N, l£c. And fays that he vpell and trnly hath kept and performed all and every the covenants, grants, arti- cles, claufes, provifoes, payments, conditions and agreements in the fame articles contained, which on the part of him the faid Dalby fhomas vi^ere to be kept and performed according to the form and effeft of the bargain aad fale aforefaid : And this he is ready to verify: Wherefore he prays judgment if the faid lady Eleanor ought to have or maintain her adion aforefaid thereof againft him, Ifjc. And the faid lady Eleanor fays, that fhe by any thing by the faid Dat6y TAomas zhove in pleading alledged ought not to be precluded from her aOion aforefaid thereof againft him had, becaufe Hie fays, that the faid Dalby Thomas did not pay to the faid laJy Eleanor Holies the faid 34/. \o s. in manner and form as the faid Dalby above by pleading hath alledged : and this fhe prays may be inquired of by the country. And the faid Dalby Thomas (zys^ that the plea aforefaid \fy th« faid lady Eleanor Holies above by replying pleaded, and the matter in the fame contained, are not fufficient in law for the faid lady Eleanor to maintain her af.tion aforefaid thereof acrainft him had, to which the fame Dalby hath no neceility, rsor is by the law of the land obliged, in any wife to anfwer : And this he is ready to verify : Wherefore for want of a fumcient replication in this behalf, the fame Dally as before prays judgment, and that the faid lady Eleanor may be precluded from her aftion afore- faid thereof againft him the faid Dalby had,^r. ln\!er; And the faid lady Eleanor Holies fays, that the plea aforefaid by her the faid Isdy Eleanor in manner and form abovefaid in re- plying pleaded, and the matter in the fame contained are good and ftfticient in law to maintain the aftion of her the faid lady Eleanor aforefaid thereof againft the faid Dall^y hud ; which faid plea, and the matter therein contained, flie the faid lady Elea^ ncr is ready to verify and prove, as the court, ^c. And becaufe the faid Dalby to that replication doth not anfwer, nor hitherto any Brrscli in non- payment of 34'/. 10 r. Dfmorrer. Bar. tiiS any way deny the fame.'flie the faid lady Eleanor prays judgment and her debt aforefa^d, together with her damages by reafon of the detention of that debt, to be adjudged to her: But be- caufe the court of the fnd lord and lady the king and queen now here are not vet advifcd to give their judgment of and upon the Contin'. premiflls, day is given to the parties atorelaid before the lord and lady the king and queen, until day next after to hear their judgment of and upon thofe premilTes, becaufe the court of the faid lord and lady the king and queen now here thereof not yet, fffr. Payne at the fult of Payne. ■^lyHEN, l^c. And prays oyer of the writing obligatory Conditions per- afar. faid j and to him it is read ; he likewife prays oyer of ['"^"Jffaa^K'ec' tht condition of the fame writing ; and to hiin it is read in thefe ^^'^ words, to wit, The condition of this obligation is fuch, that if the abovebounden Robert Puyr.e, his executors and adm'nillra- tors ilidl and do well and truly obferve, perform, fulfil, ac- con)plilli, pav and keep all and lingular the covenants, grants, articles, claufes. proviioes, payments, conditions and agree- ments whaifofver, which on the part and behalf of the faid /?&- hert Pcyne his executors and adminiftrators, are or ought to be obfcrvcd, performed, fulfilled, accompliflied, paid and kept, comp'ized or ment'-.iis t in one pair of indentures, bearing even date wi*^h thefc prefenrs, mi -!e and exprefTed to be made between the fai ' Robert Fayne of ih? one part, and the faid dame Alice P^/y^zf of the other pirr, in all things according to the true in- tent and meaning of the fame pair of indentures, then this pre- fent obligation to be void and of none efFc6t, or elfe to be and re- main in full force and virtue: Which being read and heard, the {'nmeR''l'ert fays, that the faid J'ice oughl not to have or maintain her aftion a^'orefaid thereof in the condition aforefaid there againft hiin, becnufe he favs, that the iniJentures aforefaid in the condition aforefaid above fpecified were made at the parifh of St. Martin in the FieLIs aforefaid in the county o'i Middle ft x afore- faid, on the faid i ^th day of April \r\ the 33d year of the reign of the lord Charles the fecoiid, late king of England, i^c: abovffiid, between the fame Robert Poyne, by the name of Robert Pnyne o^ the Inner Temple, London, efq; of the one part, and the laid Alice Fayne, bv ihe name of dame Alice Puynet relifl of ^oZ/n Payne \-i\e o^ Stratford in the county of Herejoyd^ knt. dtctrafed, of the other part ; v/hich other part fcaled with thefealoflhe W\<\ Ali(e P/yne the fairie i^oZ-^r/ here in court P'oduces, the date whereof is the fame day and year ; in which faid indenture rrciting, thnt whereas the faid 'John Pnyie, knt. the father of the fame Robert Payne, by his indenture bearing date the tleventh day of Nni'ember in the year of thi Lord 1664, and in the 16th year of the reign of the lord king Charles the fi,conn/i^r\n the fame county of Hereford, and alfo aU and fingular his meifuages, lands, tenements and hereditaiiien>s, by or of what names, natures, qualities, or number of aires foever ihe fame or any of them were called or contained, fitua;e, lying and bt;ing widiin the feveral pariHies, towns, hamlets or piccirfts • of Lemjlei- aforefaid, and of &tohe Docklo've and Kimbohon in the fame county of lUiefortl, or in any or either of them, and alf and fmgvilar other the mefTuages, lands, tenements and heredita- ments of him the faid John Payne, knt. fituate, lying and being in I he fame county o^ Hereford ; and all houfes, eo.ifices, erec- tions, buildings, barns, itabies, dove- houfes, rr.iils, orchards, gardens, court-yards, curtilages, yards, backfidcs, meadows, paftures, leafowes, fields^ commons, commons of pafture, tftoveis, conmion of eftovers, wades, wafle lands, woods, under- woods, coppices, timber-trees, and all other trees, aqucdtfls, wa- ter-courfes, pools, fiflieries, ways, paths, eafements, profits, coni- niodiiics, privileges, benefits, emoluments, and appurtenances whatfotverto thefame clofes, Iands,tenements,and hereditaments. Or any or either of them, or to any part or parcel of them incident, appendant, or in any wife belonging or appertaining, or ever be- fore demifed, held, or ufually or commonly enjoyed with the fame, or accepted, adjudged, reputed or taken as part, parcel or mem- ber thereof, or with the fame enjoyed ; with their and every of their appurtenances, and the reverfion and reverfions, remainder and remainders, rents and fervices of all and fingular the premif- fes ; To have and to hold the faid clofes, uiefluages, lands, tene- ments and hereditaments with their and every of their appurtenan- ces to the faid Robert Payre, his executors, adminiftrators and af- figns, from the 29th day o'i September then laft part unto the full end and term of one year fully to be compleat and ended, at and under the yearly rent of \d. (it the fame iliould be lawfully demanded); And reciting alfo, (hat whereas the faid John Payne, knt. by his indenture bearing date the 12th day of September in the year of the Lord 1664 aforefaid, for the confideration therein mentioned had granted, relcafed, aliened and confirmed to the faid Robert Payne all an(i fingular the clofes, mefTuages, lands, tenements and hereditaments, and other the premllfes aforefaid in and by the faid recited indenture granted, bargained and fold, with their and tverv of their appurtenances, and all his efiate, right, title, inte- reft, ufe, trull pofT-lfion, property, claim and demand whatfo- ever of him the fiid John Payne, knt. in and to the fame, or any part, parcel or memb r (hereof: To have and to hold the laid clofes, mefluages, lands, tenements and hereditaments, and all and fingular other the premifTts in and by the fame indenture meant, mentioned or intended to be granted, bargained or foM« releafed, aliened and confirmed to the faid Robsri Voyne and his heiis, Bar. t i 1^ iieifs, to the ufe, intent and purpofe, in the fame indenture li- mired and declared, that is to lay, to the ul'e of :he {&K\Jo/in Payne, knt, and his alhgns for the term of his natural life, without: impeachment of wallc, and after his deceafe, to the ufe ur the faia Robert Payne his heirs and idTi^ns fur ever : And by th^rfaij indenture it is witneiTed, that Ri'her: Fnyv.c, for and ia confidera- tion of 5^. in hand paid, the recipt whereof he acknowledged and thi^refore acquitted the faid. dame Alice, and alio in confider- ation of the rel^afe of her right, being adminiftratrix of her late hufb.ind the faid Jc-/i« Payne\\.nX. and in full r^-compence, fitis- fattion and ciifcharge of all her right and tit'e of dower of, in anJ to the meffuages, lan^ts, tenements and h. r>:-'!itaments of the laid 'John Payne, knt. and fur other good c;t Payne, his heirs, execu- L I '7 i tors or tfligns, flioul.^ yearly and every year, during the life of the faid dame /ilo-e Payne, well and truly pay or caufe to be paid to the faid dame Al.ce Paye at or in the common dining-hall of the Lner Temple, London, the yearly fum of 100/. of l.wfully money of EnglanJ by two equal payments in the year, at the feafl: of the birth of our Lord God and the nativity of St. Jv/in the baptift ; the f.rft pavment thereof to be at the lealt of the birth of our Lord GoJ rext following the date of the faid indentur*', without any dedudtion, defalcation or abatement of or from the fame, or any part or parcel thereof, for or in rcfpeft of any taxes or impofiiions ordinary or extraordinary, or ar^y other matter, caufe or thing whailoever, th^-n the faid df mife and all the ell^te, title and intcrell of the faid dame Alice Payne in an,' to ihr faid rnefT.iages, lan.is, tenements and hereditaments, fliould be null ?.rid void to all intents and ptirpoles : And the faid Robert Payne O z by 117 Bar. by the faiJ indenture for himfclf, his heirs and executors, did covenant, promife and agree to and with the laid dan)e Al ce Payne, tliat he thi" f-:crn^ "" ' the judgment aforef';id : And this the fame Richard \s ready to verily: V\ herefore he prays judgment if the faid T/'/ow/vy oii^^iit to have or maintain his action atorefaid thereof againll him, ^c. with this, that the fame Richard w\\\ verify that thefaid Willia/n Byfhe in the judgment aforelaivl above mentioned defendant, and the faid WiiUum ByJJie \u the bill of the faid T/ow-vi- above named icftator, are one and the lame pcrfon, and not other nor diverfe. Tho. P^r'gelly. O 3 Ailiims tithes of rcc tory< 113 Bar. Ailuns at the fuit of Reily arJ another. ConHitionF p»r- "VU" Hen, £f r. And prays (yr^r of the writing obligatory afore- formed pleaded faicj ; anJ lo liim it is rtaii, is^c. he likcwife prays oyer of fpccially lo a jjjp condition of ilie fan)e writing ; and to him it is read in thefe f'>rmanc/ot"co- ^'C^^s, to x\it, Whersns the above mentioned George AJums venantsina hath by his deed ofdeniife, i'^r then the above w riiten obligati- lafc of ihs on iliall be voi'1, or elfe it fliall ftand in tull torce and virtue in glebe land and Jaw: W hich being read and htard, the fame Gf or pp f;iv<;, that tirti.c rtl' rrr-- , . . ,- nil I I • • 1 ' the (aiil jiime! and o./i-e/Zfr ought not to liave or maintain tht;;r aition aforefaid aL;ainft him, becanft: lie fivs, that the inden- ture af'jrehiid in the con-'dtion above fpecifcd was made the day and year abovcfuid, at Lon,hn atorelaid in ilie p.itina and ward aforeli.id, between the faid George, by the njme ot CfW^-^ /Ii{,itH<, clerk, and r ftjrof Killjl^tr \n ihc county of Meuih, of the onj part, and the faid ^>tmes and S I'veiitr, by the nanus of Juvies Ret /y of in the county of /fe/Z-.l/^tf.',^, efq; and Sihjejftr Reily of Milloivne in the county ot Meolh, gent, ol liie oihcr part ; which other part fealed with the feals of the faid 'James an.l Sili>ejhr the faid Gtorpe produces here in court, the date where- of is the f-ime dav and vear : By which faid indenture ihe faid Geo>g?y for and in confideralion of the yearly rent and covenants after in the fnine indenture relerved and contairied, and for di- vers orhL-r good and valuable confiderations the faid Gior^e thereto moving, had demifed, granted, fet and to f.rm let, and bv the fame indenture did demife, grant, fwt and lo farm let, to t(ie faid fames and Silve/Jer all and fingular the glebe lands to the rec- tory of the faid pariili church belonging, and aUb all ihofe tithes of grain, hay, lambs and vool, ard ail other tithes wha'fo- evtr, as well great as fmall, due and accruing, and whic'a ihould be due and accrue from the laid reftorv, and froin every part and parcel thereof ; to have and to hold all and fingular ihe faid glebe lands and the f^id tithes, as we!i great as fmall, with their and every of their appursenanccs, to the faid Jumes and isih.'ejler, their executor"^, admiuiilrators and alTigns, from the firll day of May then laA paft for and during the full term and time of 5 I years from thence next enfiing and fully to be ccm- pleat and ended, if the faid George fliould fo long live ; the faid James and Silvejler yicldng and paying therefore and tht-reout yearly and every year during the faid tern unto the faid Geige, his exec u'^ors, adminiftrarors or alTigns, the yearly rent of 12/. 10 s. fleriing for the firll five years (,f ihe faid lerni, and the year- ly rem of 60/. fterling for tbe remaining part of ihe faid term. On the feall of AH Saints and of St. h'Lilip and "Jacib yearly by equal portions ; the firfl; payment thereof to be made on the fealt of AH Saints next enfuing the date of the faid indenture: And the (aid "James ^in^ «S//^'e//f»■ for themfelves, their executors, ad- miniflralors and afligns, did covenant, grant and agree, to and with Bar. 1 1 xS with tlie faid George, feis heirs, executors, adminiflrators and afligns, that they the faid 'James and Silveftery their executors, adminiflrators and affigns, {hould and would from time to time pay the faid referved yearly rent of 12/. \os. fterh'ng for the laid firfl five years of the faid term, and the yearly rent of 60 /. fterling during the remaining part of the faid term, at the feafts ■aforefaid yearly and every year by equal portions : And the faid George for himfelf, his heirs, exeturors, admiaiikators and af- figns, did by the faid indenture covenant, grant and agree, to and with the faid James and Sil'vejler, their executors, admi- niftrators and alfigns, that it might anti iliould be lawful to and for the faid James and Siliefter, their executors, adini- riftraiors and affigrs, to have, '.old, pofTcfs and enjoy from r .jq -1 time to time curing the faid term, and to their own proper life and behoof to take, all and fingular the glebe lands and tithes, as we!! great as fmall which ihould accrue or be due from or out of any pnrt thereof 5 and the faid George did by the faid inden*ure bind himfelf, his heirs, executors, admir.if- tr.itors and afligns, in the penalty of 500/- that they the fai J Jiimes and Sit-vejler, their executors, adminiflrators and afligns, jhould have, hold and quietly enjoy the glebe lands and tithes aforefaid, as well great as fmall, of the reQory, church and pa- rifli aforefaid during thefdid term : And the faid GVw^e- did by Warranty the indenture aforefaid warrant and defend the fame to the faid James and Silz/e/ierf their executors, adminiflrators and afligns, for and during the faid term, as bv the faid indenture more fully appears ; which are a!) and Angular the covenants, provlfoes and agreements in the laid indenture mentioned and contained ; and the faid Geo*je fays, that he from the time of making of the inde«f ture aforefaid hitherto haJi well and faithfully obferved.perform- e^l.falfiHsd and kept all and fingular the covenants, payments. Covenants provifoes and agreem.ents in the indenture aforel'aid above i'peci- reifo't^s^- fied, on hi? part to be obferved, performed, fulhJled and kept, according io tiie form and effc(ft of the indenture aforei'aid : And ths he is ready to verify: Wherefore he prays judgment if the faid Geoyge a-id S-lnj^jler ought to have cr maintain their adtion •aforefaid againfl him, l^c. And i^e fdd J,i,:U5 and ^ilvejler fav, that they by any thing Rpp). Proteft- by I he faid George above in pleading aliedged ought not to ba ing that he precluded from their aftion aforcfaiU thereof againfl him had ; hath not per- Lecaufe by proteflin^ that the faid Cfff;jfj hath not performed, forrne', lay .- icn I '^ 1 '^ r 1 * ^ r 'hat ht refign- tulhliedor kept any or the covenants, piyments, provitocs or ed hi*, rcdlory agreements aforefaid, on the part of the faid George to be ob- into the hando ferved, performed, fulfilled ana kcpr, according to the form and of the bifliop, efFe£l of the indenture aforefaid, as the faid Geo^s.e above by ^'■' pleading hath alKd!/erv of Kdlfher aforefaid into the hands of the reverend father in Chrifl EJivarJ, then lord bifliop of Meuih in the kingdom of Ireland, of the rtctory and church afore'aid O 4 ordinary. 119 Bar. ori.linary, at Lorulon rfforcfaid in the parifli and ward aforefaid ipontaneoufly rcfigneJ, and by the fame rtfi^nation that church Do not <*y_^^g became vacant : "And the (aid Jtime^ and Sike/ier lay, that ihey °°' ' could prit quietly enjoy, have and poflcfs the j;,k-bc lands and tithes atorelaid, according to the toim and tlftd ot the inden- ture alorefaid ; And this they are reai'y lo verily: Whtrciore they pray judgment and their drbt aforelaid, together with their dama-^es by real'on of the dtlcntion o! that debt, lo be adjuiigcd to them, Ijc. Rejoinder, that And the fiid Cfor^e fays, that he hath not refigned into the be hath not rt- hands of the faid bilKop of A'/frt//i the faid church and r^ft-ry Jfigacd. aforefaid in manner and form as the faid Junus and Si'vejier above in replying thereto have alledgeii ; And of this he puts himfclf iiDon the country: And the laid James and Silnjejler thereof likcwife, l5c. Therefore let a jury thereon come bctore the laf!y the queen at WejUninjitr day next atter and who neither, Is^c lo recognize, Ifc. becaufe as well ifc. The fame day is given to the parties aforefaici there. 12c. LV Vpn the iri^l cf this ijjue the plaintijs ix.ere r.or'fuiteJ. Bar, that his N D the faid thoinas by jV. D. his attorney comes and de- teflaior was in- /\ . ^ . . . - . i r j , • ,- i i r • « debudhy bocd ±\ ^ends the lorce and injury, when,t5r. And lays that the laid to A. B. T"'^" ought not to have or m.i.ntain his a<^lion aforefaid. thereof againrt him, becaufe he faith that the laid l^tcholasjackett in his life-time, to wit, on the 17th day oi February in the i2th year of the reign of the lord /f7//7V/w the third late king of Et^glund^ Ifc at /A in the county aforefaid, by h-is certain v/riting obli- gatory bearing cate the fan)e tlay and year, acknowledged hini- felf to be held and firmly bound to one ^1 nomas Beard \n izol. to be paid to the faid Thumas Beurd when he iliould be thereto required, which faid 120/, at the time of the death of the faid Nicholas Jacheit. was a juftand trwe debt of the faid Nicholas, and to the fai I T/zi/w^/j Beurd due and unpaid; wheretore the hme Thomas Beard, for the recovery of the lame 12c/. after the death of the faid NichJas, to wit, on the la'h day oi ^Ipril in the 3d year of the reign of the l?,dv /liwe, now queen of England^ i^c. profecuted out of the court of chancery of the laid lady the queen (the fame court of chancery being then at H'^ejl- r r ^ . inixificr in the tounty of MiddLfexj a certain writ original of vno luea out ,■',-•111 1 • /i l • 1 r ■ \ ctl " "V ,/ auoriniml the laid lady the queen agaudt him the laid Ihomas jack- agaiiift ihc dc- ett as executor of the will of the faid i\icholasy by the name (ciidaflt. of T. Jtickeit, late of H. Jn the countv aforef.id, malfter, executor of the will of the faid Nicholas "Jackett. lately other- wife called, tfr. in a plea of debt, on a demand of the faid 120/. to the then flieriff of Sujjex dire«?.ed, by which faid writ ihe^ fame lady the now queen commanded the lame then fherifF of Su(J'ex, that he fliould command the fame Thomas Jackett, that he fhould juflly? and without delay render to the faid Thomas Z.V^r^ the faid 120/. which he then unjullly detained, as he faid; and unlefs he did, and the faid Tho. Beard made him the faid then £ »20 ] fheriff fecure 10 profecute his fuit, thea the fame ilieriff Ihould fuminons Bar. 120 fummons by good fummoners him the faiJ Tho. jMkett, that he iliouLl be before tne julliccs of the laid lady the: cjuten at IVtfi- Returnable ia minjicr from the day of Eajier in 15 days then nex'. couuniiig, to ^' ^' iliew why he had not done it, ano ihat he Aiould have then there the names of the fumuioners, and that writ : On which duy, to wit, at the f id 15 oavs of Eajicr, tictcre T. •Trevor, knt. and his companions, then juilices of the fai.: lady the queen ot the bench at JP'eJiminJter, came as -well the faio T- BenrtJ ijy T. O. then liis attorney, as the fa d T Jockett by J. IV. his attorney ; and tha then ilieriff of the county of Suffex, to wit, S. Blur.:, elq; to the fame julVices then and there returned, and the faid T. Bt.arj had found the fame fiicriii' pledges to prafecute his writ slorelaid, to wir, jo/in Doe anu Richard Roe, and that the fame T. 'jackett had nothing in his bailiwick by which he could be iummcned, 15l whertupoi the faid 7*. Benra Dy declaring againft the faid T. Jackett upon his writ aforefaid by his attorney atcrcfaid, that Declaratba v/Ltreas the faid Nicholas in his lite-time, to wit, on the faid 17th tUucoa. diy of Ftiruary in the 12th year of the rtign of the faid lord /^'ii'ii/OTthe third, late king of ErglunJ, Is^c. abovefaid at H. aforefaid, by his wriiing obligatory acknowledged himfelf to be bounil 10 the laid Tho. Bear a in the faid 120 I. to be paid to the faid 'Tho. Beanh when he fliould be thereto requefted : Nv-ver- thcl^-fs the faid NichJas in his lif^-time, or the laid Thn. Jackett alter the death of the laid Nicholas, akho' often requefted, the faid 120/ to the laid Tho. Beard hz^ not rcnder'd, but had de- nied to render him them, and the faid Tho. Jackett did then deny to render them to the fame "^ho. Beard, and unjultly detained them, whereby he then faid, that he was prejudiced, and had d?mi.^etothe value of 10/. And therefore he produced the fuit, ^Jc. And he pro.luced th;;n there in court the wiitiiig afore- faid. which proved the debt afortfaid in form aforefaid, the date whereof was the day and year abovefaid, l^c. And the fame Iho. Jacket bv his attorney afortf.iid then defended the i'orce and Injury, when, iffc. and the fame attorney faid, that he was not informe.; by the fame Tho. Jackett, his miller, to give any anfwer juJ.^menf by for the faid T/23. Jivc^f/ to the faid T ho Beard in the 7'ea afore- Nut'inwiracJ. fai.^,'and faid nothing elfe thereto whereby the faid Iho- Beard reinaintd againft the faid Tho. Jackett therein undefended ; Therefore it was then confidered by the fame court, that the faij 7h',. Beard fliould recover againft iht iixl^Tho. Jackett W\s dcht aforefaid and h's damages by rc' '5- proudlTijry note aforefaid under the hand of the faid John Hale ior the payment of the 30 /. aforefaid to the faid John Cofe cr his order, and by the faid Jo/iu Cope indorfed, and the fame 30/. by him appointed 10 be pai.l 10 the faiii Zachary ; which faid prom (fory note was by the fame JohnCope delivired to the faid Zi.chnry., and by him accepted in full fatisfadtion and difchargc ofthef^iil fi. vera I fecond apd third promifes and aflumpliuns in the declaration aforefaid abovemeitioned : And this he i« ready to verify: Wherefore he prays judgment if the faid Zfiichn^j 121 t Ban Ziichnry ought to have his atflion aforefaid againft the fa'ul "John Co_ e, is c. I^epl. a« to the y\n^^ t..-,^ f^j j Zacluiry fays, that he by any thing by the fai^i lohn uid aui p»v i-o/^ above in p.'t-a -ing allcge^i ouglit net to be preclu-ied iron: his .'idticn aforefaid tiicreof againll him had, becaufe as to the ■ fird prouiife luui airiuv.ption in the declaration of the faiJ Za- cliary .aforefaid aboveinen(ionei.1 the lame Zachary fays, that the laid '"^^hn Hale within the fix months in the proiir.llbry note afore- faid iiieniioned did not pay to the fame Zachary the faid 30/- in the fame proiuiflbry note menaoned, i:) manner and forrti as the laid "Jahn Cops .ibove by pleading haih alleJgeJ, not at any time IlTue. atfer: Ami th's lie prays may be inquired of by the country: As K) the refi- An.^ the faid 'JnhnCpe likewife, ^c. And as to the fecond and due that he did third promil'es r,n ' i.fllimpnons in the declaration aforeifaid above not accept. mentioned, the fine Z,ach ny {\^%^ that he did not receive nor accept the promilfory note aforefaid in full fatisfaclion and dif- charge of the faid fecond and iliird promifes and airiimptions in the declaration aforefaid mentioned, in manner and form as the laid 'Jijhn Co[>e above in pleading thereto hath alle.iged : And this he prays may be inquired of by the country : And the faid J'hn lITiie. C(j/^ likewife, ifc. .Therefore to try as well that ilFue as the faid /'t»/>.' awarded other iifue between the parties aforefaid above joined, let a jurjr to try both come ihereon before the lord the king at IVe/imiu/ler day next ' "^^' atier an"! who neither, iffc. to reco^nife, ^c. becaufe as well, is'c. The fartis day is given to the parties aforefaid there, i^c. I 122 J Ctife on ti protiife ; the defendant fleade^i he did not promt fe "voithin fix years j and the plaintiff replied asfol/oivs : N D the faid John favs, that he by any thing by the faid __ Cecrge above in pleading alledged ought not to be precluded from his a6l''on afoi^fa;d ihrreof againft him the faid G. had, be- " cauie he fays, that within fix years after the caufe of aftion afore- faid in the declaration aforefaid above mentioned accrued, and ifz/u/ fued out. before the exhibition of the bill ai'orefaid, to wir, mTrini'.y term in the 30th year of tiie reign of the lord Charles the feccnd, late king of Er-^rlaid, ^r. the faid J. for the recovery of his damages by reafm of the no;v performance of the promiles and airumpiions aforefaid in the declaration aforefaid abovenientioned, profecuted agair.fi the faid &'. oiit of the court of the faid lord the now king before the king hinifrlf (the fame court then being £t IVeilmitiJlerln the county of Middtefex) a ce^rain writ of the faid late lord the king called a. latitat, direfted ro the tiien iTieriflF of the county of Tor k, whereby the fame flierifFwas commanded jhat he lliould take the faid G. if he iliould be found in his baili- wick, and fliould fafeiy keep him, fo that he might have his body before the faitl late lord the king at We/lminjler on day next after to anhver to the faid J. in a plea gf trefpafs ; and that he fliould have there then that writ : The fame day was given to the faid J. there, i^c. On which day before the faid late lord the kin^ at IVejlminJier came the faid J. in his proper A' Bar. proper perfon ; and the fheritf did not return thereof the writ, nor did any thing theein : Therefore as before the flieriff was commanded that he lliould take the faid G. if he fliould be found in his bailiwick, and Ihould fafely keep him, fo that he might have his body before the faid late lord the king at tVeftmir.Jhr on day next after to anfwer to the faid John in the plea afore faid: The fa;ne day was given to the f^id J. there, ^c. On which cay before the faid late lord the king at IVeJi- minfter lame the fame J. in his proper perfon ; and the flierift did not return thereof the writ nor did any thing therein: There- fore as before the flieriff was commanded that hefnould take the faid G. if he fhould be founvl in hi? bailiwick, and him fliould fately keep, fo that he might have his body before the faid late lord the king at Wejhninlhr on day next after to anfwer to the faid % in the plea aforefaid : The fame day was given to the fail' J. there, l£c. On which dny before the faid late lord the king at VVeilmixJhi came the fiid J. in his proper per- fon ; and the fherifi liid not return thereof the writ, ncr did any thing therein : Therefore as before the flierilf was comman'.ed that he fliould take tlie fai.i G. if he fliould be found in his bail> wick, and him fliculd fafely keep, fo that he might have his body before the faid late lord the king at M^ejiminjler on day next alter to anfwer to the faid 7. in the plea afore- faid : The fame day wr.s given to the faid J. there, l^c. On which day before the faid late lord the king at IVeftininfier came the faid J. in his proper perfon; and the flieriffdid not return thereof the writ, nor did any thing therein : Therefore as be- fore the flieriff was commanded that he fliould take the bo 'y of the faid G. if he fliould be found in his bailiwick, and him fliould fafely keep, fo that he might have his body be'bre the faid late lord the king at Wefiminjler on day next after to anfwer to the faid J. in the plea aforefud : The fame dav was given to the faid J. there, l^c On which day bef re the faid late lord the king at IVeJlminJler came the faid J. in his proper prr- foi ; and the flieriffdid not return thereof the writ, nor > id any thing therein : Therefore as btfore the flieriff was conmianded that he fliould take the fnid G. if he fliould be found in his baili- wick, and him flioul ' fsfely keep, fo that he might have his body before the faid la'e lord the king at Wejlminjiey on day next after to anfwer ro the faid "J. In the plea aforefaid • T he fame day was given to the faid J. there, l^c. before which day the faid lord CAflr/i"! the fecond, late king of £rj^'rtnr/ departed this life ; On which day bifore the lord James the fecond, now king of Englnntit ^llVeftminft.r came the (^^^^ J. in his proper perfon ; and the flieriffdid not return thereof the wril. nor did any thing therein: Therefore as before the flieriff was c manded that he fliould take th'.' faid G. if he fliould be found in his bailiwick, and hiin fliould fafely keep, fo that he might have his body before the faid lord the king at IVeflminJler on day next after lo anfwer to the fnid J. io the pica aforefaid ; The fame day was given 122 An Alias cH' pias- A Plurie's ca'> pias. AnothcPi' Another^ Another. Demife oft king. Another. i22t Defendant ap- Plaintiff de- clares. i '2} ] Iiapirlance. Not gn'.lt}'. Feaire. Another. The plaintiff" created a Duke. 6. c. 7. f. given ta the faiil J. t^ere, &c. On which day before the fati5 loid uic k;.-!^ at iVei'lmtriJier came as well the faiu "J. IValden by Jo-^n Z.jV/)' his attorney, as the faid G. by 7". M. his attorney, and tlie fa'nc G. put in bail thereto, and in the fime court her; appeared at the fuir. of the faid J. according to the command of the faid writ : And thereupon the faid J. agairdl the faid G. for the faid caule of action in the declaration aforefaid abovenien- tioned in the lame court of the faid lord the Iting b;fore ihe king himfelf, to wit, at IVejlminfler aforcfain in the county of MiJJlt- /ex atorcfaid, in the faid Tiinity term in the firft year of the rci^n of the lord y^'/w^'j the fecond abovefaiJ, by his bill aforefaid de- clared in manner and form aforefaid: And the faid J. farther fays, that the caufe of aftion aforefaid, on which the faid J. againll the faid G. above hath decl.vred, accrued within fix years next before the profecution of the faid writ of laiitrtt firft mentioned, to wit, at Dmcajier a'orefaid in the county aforefaid ; And this he is ready to verifltadtcovf rture in the plainliff* Bar. 123 d'Ae o( OrmonJ, who as well, t?f. as the faki F/. U.hy tlrerr attornies aforelaid ; and ihe fhenffdid not return thereof the wfit: Therefore as before let a jury thereon come beiore the lord the king at fVe/iminJisr on next afctr and who neither, f c. to recognife, ts'c. becaufe as well, ^c. T he lame day is given as well to the laid James duke of Ortuvt: ' . who as well, l^c. as to the faid IVilliam ileihtritigton there, ^c. This caufe ixas tried at bar and lOOOo/. danuiges given, AN D now on this day, to wir, lVe,!neJdcy next after the oc- tave of St. //:///7rj m this fame term, uniil wlich day the faid M. ail and ail manner of exceptions being favcd to him as to the bill aforiTaid, had leave to imparl to the faid hill and then to anfwcr, betore which day the faid lady queen Mary departed this life, betore the faid lord the king at IVeJlminfier comes as well the faid Yrances by her attorney atorefaid, as the faid M. by A. B. his attorney: And the fame M. defends the force and injury •when, life, and prays oyer of the writing atorefaid j and to him it is read, Iffc. he prays lilcewife oyer of the condition of the fame writing; and to him it is read in ihefe words, to wit, The con- dition, ifc. Which being read and heard the fame M. prays, judgment of the bill aforefaid, becaufe he fays that flic the faid Frances, at thefaici time ©f the exhibition of the bill of her the fdid /"»v7«ffj aforefiiid, waslawfullv and according to the laws of the church oi England married to one C. D. her huihand in the faid bill not named ; Wherefore the faid M prays judgment of the bill aforefaid, and that the faid bill may be quafhed. And the laid F. fays thatby any thing by the fai'd M, abore in pleading alledged the bill of her the faid F. ought not to be quafh- ed, becaufe flie fays, that Hie th- faid F. at the time of the ex- hibition of the bill of her the faid F. aforefaid, to wit, on the 23d day oiOffober in the 6th year of the reign of the faid lord the king and of the late lady Mary qyeen ot England, iffc. flie w»s fole ; without that, that the fiid F. at the faid time of the ex- hibition of the bill aforefaid was married to the faid C. D. as the faid M. above in pleading hath alledged : And this fhe is ready to verify ; Wherefore flie prays judgment, and that the bill c,f the faid F. may be adjudged as good, and for want of a I'uth.ient aiifwer her debt afcrelaid, together with her damages by reafon of the detention of that debt, 10 be adjudged to her, t5V. And the faid M, as before fays, that the faid F. at the time of [ 124 | the exhibitirn ol the bill atorefaid was married to the faid C. D. Iffuc tlicicoa in manner and form as the faid M above in pleading hath al- ledged ; And of this he puts himfelf upon the country ; And the faid F. thereof hkewifc ; Therefore, t^c. N D the faid Henry by J. R. his attorney comes and defends R^r to dcht up- ^ ^ the forte and injury, when, fsfc. and prays oyer of the °" *, '^'V,'' writing aforefaid ; and to him it is read, tsfc. he prays alfo oyer ^j (^ profecucc vt ihe cgiidiiiuttof the fame writing ; and to him it is read in thefe an aaion ia \yords, icflcvioi PlaintiflT replica and traverlts the covertmci A 124- Bar. and to inikp a worcls, fo Wit, The conilltion of this obligation is fucli, That return,/, &c. \{John IVoJlorne do nppearat the next count v-court robe holvlera at \hrtha?nptoTi, and then and there do prole, ute his aftion wi.li effefl ag;iinl1: "Johnstone and John Cooper, tor wrongfully tak ng and detaining his cattle, z^. R. during the life of the faid E. G. in cafe the faid intend- ed marriiige fliould take effcft, he the faid E. G. did grant to the fail % G. a'n annuity or yearly rent of 800 /. of lawful mo- ney of Ergland, to be iiTuing out of the manor of Bifigley afore- faid, whereof the faid place in which is parcel, and all and An- gular the lands, manors and hereditaments v'haifoever of the laid E. G. fituare, lying and b"ing in the faid psntU Oi JUngley aforefaid in the laid county of Naythanif'ton ; to have, hold, re- ceive and yearly perceive, take and enjoy the faid annuity or yearly rcn^t of 800/. 'o the faid J. G. and his alFigns, for and during the term of 9Q years, coinmeiccing immediately from and after the I'olcmr.raation of the faid intended marriage, and fully to be compleat and ended, if the faid E. G. and f. G. fliould fo long joinilv live,' anil to be payable yearly at the four luoll; ul'ual fcafls or times in the year, that is to fay, the an- nunciation of the blefTed virgin Mary, the feaft of St. John the bapiiil, the feaft of St. Michael i\\e ixchzngn] and of the birth of our bkfTed Lord and Saviour Jefus Chiijl, by even and equal portions; the fiiti payment thereof to begin and be made on I he ("aid feafl of the annunciation next following the folem- rization of the faid intended marriage : And the faid £. G. by the faid indenture farther gratiieu and a;^reed, that if it fltould happea Bar. :iz5 [ 126 ] jbappen tliat tke faid annuicy or yearly rent ofSoo/. or any part thereof, iliouM be behind or unpaid at any the davs or times on which the fame ought to be paid, that then it fhould be lawful to and for the faid J. G. in and upon the faid manor, whereof the faid place, in which, tffc. is parcel, and the nief- faages, lands, hereditaments and premiflls, out of which the faid yearly rent \V;is granted or mentioned to be granted, ifTuing or mcntioncvl to be iifuing as aforefaid, and into every or any part and parcel thereof, at his and their liberty to enter and diftrain for the faid yearly rent of 800'. and the arrears thereof, and the diftrefs and diftrcflcs then and there fo foumi to t ke, lead, drive, carry away, impound, and impounded d'="tain and keep until the faid yearly rent of Soo/. and all the arrears thereof, for which fuch i:iilrefs or dilfrefics fii;iuld be made as aforefaid, fliould be fu'ly faii^fic^d, contented an 1 paid to the faid y. G. and his afii^ns, as by the fame indenture among other things more fullv appears: And the fame y. S. and J, C. far- ther faid, that he the faid J. G. afterwards, to wit, on the 21 ft ided, to be adjudged to them ; with this that the fame y. S. and J. C did aver that the faid E G. and,^. G. were then lurviving and in full life, to wit, at Bingley aforefaid, in the coun'y aforefaid : And i he faid y. IV then faid, that the faid Replication; y. S. and y. C the taking of the cattle aforefaid as bailiffs r;f the faid y. G. in the faid place, in which, ^Sfc. for the reafou L.fore alledged ought not to acknowledge juft, becaufe he laid that the faid y. S. and y. C. on the dav and year abovefaid in the declaration aforefaid mentiontd, did of their own wrong irikethf faid twenty-two buUocks in the manner as the faid y. IV. by his writ and declaration alorrfaid above had liipp' fed ; ■without that that the faid E. G. in the cognifance aforefaid above Traverft, mentioned, prai^ted to the faid y. G. the fai i annuity or yearly - ■' ■ - and 7. C. De injuria fu* prcpm. lent of 800/. in juanner and form as the faid 7- ^ P 2. ky. 126 Bar. by tlieir cognirancc aforefai'l above find alledged : And that he wa>; ready to verify : Wherefore h. prayed judgment, if the faiii J. S. and J. C. ought ro mainta'n thtir cognifance aforefaid Rejoinder. againfl him, fffc. And rhefaid J. S. and J. C faid that the faid E, G in the cogT Tai^ce aforefaid abovememioncd, did grant to the faid f. G. ihe fail annuity or yearly rent of 800/. in man- ner and form as the faid J. S. and J. C. by their cognifance aforefaid above had alli'dged : And of that they put ihtnifelves Iffac. on t!ie counrrv . And the faid J. U^. thereof likewife, l^c. Therefore the iliorifFu-as commanded that he fhould caufe to come in the rft^iv- of the purification of the blcfTed Mnry i^, ll^c. by whom, ^c and vi'ho neither, ^c- to reccgnife, fjfr. be- caufe asw^ell, i^c. Afterwanis the procefs thereof betvi'een the parties aforefaid in the plea aforefaid by the jury thereon between them being refpited bvfore the juftices of the lord the king at IVeflm'vller in 1 5 days, uiilefs the juflices of the lord the king afiigned to take aflifes in the county aforefiiid by form of 13^(1.1.0.30. the llarute, ^f. on Tuefday the 15th day of Match z\. North- izEi. ^■ c- 4. amplon in the county aforefaid, iTiould firft come for want of i4Ed. 3.C. 16. jurors, ^sV. On which day before the juftices of the lord the king at Wejlminfler aforefaid, came the faid J. 5. and "J. C. hy their attorney aforefaid : And the faid juftices of the lord the king of affife, before whom, tifc. fent here their record before them had in thefe words, to wit, Afterwards the day and place within contained, before John Povcel, knt. one of the juftices of the lord the king of the bench and George DoJfon, efq; to the dmtjohn Poivell, knt- and A^. L. one of the barons of the exchequer of the faid lord the king, juftices of the faid lord the king aftigned to take affizes for the countv 0^ Northampton, by the form of the ftatute, ^r. for this time aftociate, the pre- fence of the faid A'. L. not being expcftcd, by virtue of the writ .of the faid lord the king of Si non omnes, iffc. came as well the within named y. JV. as the within written f. S. and J. C. by their atiornies within contained : And the jurors of the jury, whereof mention is wiihin made, being called likewife came, who to fay the truth of the within contained were eleft- ed, tried and fworn, ^c. and were agreed and returned back to the bar here to give that verdict ; whereupon the faid y. IF, Nonriiited aad altho' fo'emnly called did not come, nor did farther profecute *^» ^'» his writ aforefaid againft the faid J. S. and J. C. as by the re- cord thereof in the court, of the bench here at PVeJlmirper aforefaid remaining more fully appears ; and fo the faid W. C. fays that the faid y. lV.d\d not profecute his plea aforefaid with cffe (ft according to the form and effeft of the condition of the writing obligatory aforefaid : And this the fame IV. C. is ready to verify bv that record : Wherefore he prays judgment and his debt aforefaid, together with his damages by reafon of the de- ttntion of that debt, to be adjudged to him, l^c. WHEN PoRca.' Bar. 1 1 26 \X7HEN, ^c. And prays over of the writing obligatory afore- Statute of 23 faid ; and to him it is read, l^c- he prays alio oyer of H. 6. c. 10. the condition of the fame writing obligatory ; and to him it is ^J^.j^^nd^ * read in thefe words, to wit. The con^'.iiion of this obligation is fuch, that if the above bounden Ed^wmd Kitchener do appear before the (aid lady the queen zt IFeJhiir./lir on 'TueJ',ioj next aher ihc morrow ot Jll Soi^li, to ^nlvjtr R-c^tar J Broivning in a plea of irelpals and alio to a bill of debt lor 60/. according ^'V. then this obligation to be void, or eife to remain in full force, ilrength and viriue : Which being read and heard, the faid Benja-r tnin fays, ihat he ought not to be charged by virtue of the writing obligatory aforefaia, becaulc he fays, that before the making of the writing obligatory aforefaid, to wit, by a certain aft made in a parliament of the lord Henry the fixth, held at M'''ejhnin/?er in the county of VJlJJIeiex on the 2$t'i day of Ftbruary in ijie 23d year of his reign, it was among other things enafted by the authority of the fame parliament, that no fticriff, under-fheriff, [ I27 ] i"herift's cleric, lleward or bailiff of franchile, fervant of bailiff or coroner, ihould take any thing by colour of his office, by hirn nor by any other perfon to his isfe, of any perfon for ihe making of any return or panel, and tor the copy of any panel, but ^ii. And that the faid ihi riffs, and all other officers and minifters aforefaid, (hould let out of prifon all manner of per- fjns by them or any of them arrefled or being in their cullo- dy by force of any writ, bill or warrant in an aftion perfonal, or bv reafon of indictment by trefpafs, upon realonable fureties cf fufiiicient perfons having fufficient within the counties where fuch perfons be fo let to bail or mainpnfe, to keep their days i-ri fuch place as the faid writs, bills or warrants fliould require (fuch perfon or perfons which were or fliould be in their ward hy condenmation, execution, capias utUgaium or excommitnicatutHy furetyof the peace, and all fuch perfons which were or fliouUl be committed to ward by fpecial commandment of any jufliccs, and vagabonds refufing to leive according to the form of the ftatute of labourers, only excepted): And that no fhcriff, nor any of the officers or minifters aforefaid, fliould take or caufe to be taken, or make any obligation for any caufe aforefaid, or by colour of their office, but only to thenifelves, of any perfon, nor by any perfon which fhould be in their ward by the courfs of the law, but by the name of their oflice, and upon condi- tion written that the faid pr foners fhould appear at the day contained in the faid vvrir, bill or warrant, and in fuch places as the faid writs, bills or warrants fhould require ; and if any of the fail flietiffs, or other officers or minifrers abovefaid, take any obligation in other form by colour of their offices, that it fliould be void, as by the fame a£t, among other things, more fully appears: And the fame Benjamin fays, that after the iijak- ing of the faiti aft, to wit, at the faid time of iht making of thu writing obligatory aforefaid, the faid Ethvanl Kitchener was P 3 arrcfled 127 ^^^* nrreftei! by the fakl flieriffof the county aforefaid by a precfpf ot'the faid l.idy (lie queen, called a bill of MidJlejex, to the fame jTieriff of MidJeJex direded, ifluing out of rhe court of the iald lady the queen before the quetn herfelf here, to wit, at Weftminjlir atorefaid, returnable bttore the queen herfelf at //■^ty/W^y^i;- atorefaid on Wenueuiuyw^iw after the morrow of /?// iiouls then next following, to aniwer to the faid Robert Brotun- »>jg in a plea oftrelpufs, and alfo to the bill of the faid Robert againft the faid Edixiard for 60/. on debt, and th-jt the laid heiijamin Greene and C/uirles Peers being then ilierift" of the county of Middlejex afortlaid, of and upon that arreft took bail, the writing obligatory atorefaid with the condition aforefaid, for «afe and tavour to the fame Edivard Kitchentr of his iinpri- foninent by the faid Benjatnin Greene and Charles Peers ibewn, and to have and obtain his deliverance theretrou) ; which faid ^'riting obligatory the fiiid Benjamin Greene and Charles Peers took by colour of his office againli the form of the ftatute aforefaid ; and fo the fame Berj.tmiv. fays, that the writing obli- gatory aforefaid here in court produced in form aforefaid, and for the caufe aforefaid, as before mentioned, taken and made by force of the ftaiute aforelaid, is void in law : and this the fame B. S. is ready to verify : Wherefore he prays judgment if he the faiiie B. S. ought to be charged with the debt aiorefaid by virtue of the writing obligatory aforelaid, ^r. Detnarrer to a And the faid i?o/'?r/ Brozvnir'g fays, that he by any thing by plea in debt on the faid Benjamin Suran above in pleatiing alledged ought not to band. be precluded from his adion aforefaid thereof againft him the faid Benjiimin had, becaufe he fays, that the plea aforefaid by the fiid Berjamin in manner and form aforefaid above pleaded, and the mattei^ in the fame contained, are not fufiicient in law to preclude him the faid Robert from his aftion aforefaid thereof againft hii7i the faid Benjc.min had ; to which faid plea in ntac- ner and fornj aforefaid above pleaded, lie the fame Robert hath no neceflity, nor h by the lav/ of the land obliged, in any man- ner to anfwer : Arid this he is ready fo verify; Wherefore for want of a fLfficient plea in this behalf, the fame Robert prays judgment and his debt aforefaid. together with his damages by reafon of the detention of that debt, to be adjudged to hitii, ifc. Tolnder in de- -^"^ ^^^ ''^''^ ^cT)::iniin\zys, tha: the plea aforefaid by him the nauirer. fa'd Benjamin in manner and form aforefaid above pleaded, and the matter In the fame contained, are good and fnfficient invJaw to preclude him the faid Robert from his adion aforefaid there- of againft him the faid Benjamin h'd<.\ ; which faid plea, and the matter therein contained, the lame Bcjantin is ready to veri- fy and prove, as the court Ifc. And becaufe the faid Rober! doth not anfwer to that plea, nor the fame hitherto deny, the fame B^rjamin as before prays judgment, and tliat the faid /?o- ^^r/ may be precluded from his aftion aforefaid (hereof againft him the Uid £enjami;ihzi, i^c. But becaufe the court of the faii Payment before the day pleade4 to dcbc oa bond. Cro. Jao. 435. 5 Co, lij- Bar. 1 1 27 aid iady tlie now queen here are not yet advifed to give their judgment of and upon the preiiiifTes, day thtrefore is given to the parties aforefaid before the lady the queen at IVeJhninJler until day next after lo hear their judgment of and upon , thofe premilTes, becaufe the court of the laid lady the now queeo here thereof not yet, l£c. Peytoe againft Hyde. [ 128 ] Hill. 8th of queen Anne. Declaration on a bond for 200/. dated 28th Mny 1709, con- ditioned for the payment of lOoA with intereft 314/. per cent, per ann. on the 31ft day ot ^uly then next following the date. The defendant pleads as follows ; A N D the faid Nathaniel in his proper perfon comes and de- jl\ fends the force and injury, when, cffr . and prays oyer of the writing obligatory aforefaid ; and to him it is read, l^c. he alfo prays oyer of the condition of the fame writing ; and to him it is read in thefe words; The condition of this obligation is fuch, that if the above-bounden JcA« Rice and Nathaniel Hyde, or either of them, their, or either of their heirs, executors or adminiftra- tors, ^o v/ell and truly pay, orcaufe to be paid, unto the above- named John Peytoe, his executors, adminiftrators or affigns, the full fum of 100 /. with intereft at 4 /. fer cent, per ann. of good and lawful money of Great Britain, on the laft day of Ju/y next enfuing the day hereof, at one whole and entire payment without fraud or delay j then this obligation to be void, or elfe to remain in full force ; Which being read and heard, the fame Nathaniel fays, that the faid John Ptytoe ought not to have or maintain his attion aforefaid thereof againfl. him, becaufe he fays, that the faid John Rice in the comUtion aforefaid above mentioned paid to the faid John Peytoe the faid 100 /. with intereft for the fame according to the rate of 4 /. per cent, per ann. on the 20tk day of July next following the date of the writing obligatory aforefaid, to wit, at IVeJlminfter aforefaid in the county atorefaid : And this he is ready to verify : Wherefore he prays judgment if the faid John Peytoe ought to have or maintain his action aforefaid thereof againft him the faid Nathaniel, Iffc, And the faid John Peytoe fays, that he by any thing by the faid Demurrer. Nathaniel ihovG in pleading alledged ought not to be precluded from his aftion aforefaid thereof againft him the faid Nathaniel had, becaufe he fays, that the plea aforefaid by him the faid Na- thaniel in manner and form aforefaid above pleaded, and the mat- ter in the fame contained, are not futficient in law to preclude Tiim the faid Jo^^n from his aflion aforefaid thereof againft the faid Nathaniel had ; to which plea he the fame John hath no neceffity, nor is by the law of the land bound in any manner to anfwer: And this he is ready to verify ; Wherefore for want of a fufiicient anfwer in this behalf, he the faid Jo/in prays judgment P ^ and I2S Bar. 4 Ann. c- i5. 3 Lev. 293. Cro. Jac. 435 Velv. 196. Bcui. 151. Caureasin^ncd. ^nd his debt aforefaid, together with his damages by reafon of 7 tl c. 5 thedeteniion of that debt, to be adjurlged to hun, &c. And for caulcs ot" demurrer in law in this behalt the fame JijAn, accoruintr to the form of the ftaiutein luchcafe lately made and provided, fets down and to the court her^; exprelils thefe caufes tullowing, to wit, For that if fuch payment was mauc by the faid Jo/inR.ce of the faid 100/. and the interctl then due, as the faid Nathaniel above hath pli;aded,the fame Nut/ianiei ought to plead tliat pay- ment was made on the day in the faid condition of the writing aforefaid mentioned, and that the matter atorefaid fo pleadea is only matter of evidence to prove that ilfue ; and the faid Natha- niel aw ^\. to plead fuch payment in fuch manner that ilfue might be thereon joined ; and tor that the plea atorefaid doth not con- tain in itfelf any muter on wluch iflue can be joined ; and the plea is certain, double, and wants term, k^ c. Edix. IVhitaker. JoinJer in de« muncr. r 129 ] Plea to an ac- tion of afTault by l)ull)aQii and wife that on the arreft of the huitird the wife aiTaulted them, (Sc Pari. Rep. 203. And the faid Nathanul fays, that the plea aforefaid by him the faid Kathaniel'm manner and form afortlaid above pleaded, and the matter in the fame cor.tained, arc good and I'ufficien: in law to preclude hiai the faid John from his a(ftion aforefaid thereof againlt him the fiid Nathaniel had ; which fait! plea, and the matter in the fame contained, he the laid Nathaniel is reary to verity and prove, as the court, fi^r. And becaufe the faid yo/z/i doth not anfwer to that plea, nor hitherto any way deny the fame, he the fame Nathaniel as before prays judgment, and that the faid John may be precluded from his aftion aforefaiil thereof againft him had, is'c. But becaufe the court of the faid lady the now queen here are not yet advifed to give their judgment of and upon the premiffes, day therefore is given to the parlies aforefaid before the lady the queen at IVeJlminfter until day next after to hear their judgment of and upon ihofe premif- {t%, becaufe the court of the faid lady the queen nov/ here there- of not yet, cr'f. AN D the faid Jonathan D.rhy and Henry Mills by J. A. their attorney come and defend the force and Injury, when, Jifr. And as to the coining with force and arms, or any thing that is againfl the peace of the lord the now. king, the fame J and H. fdf, that they are not thereof guilty : And of this they put themfelves on the country ; and the faid J ifeph and A^ thereof likewife, l£c. And as to the refidue of the trefpafs and afTault aforefaid above fuppofcd to be committed, tlie lame J. and //. fay, that the faid Jofeph and M^iry ought not to have or main- tain their adion thereof againfl: them, becaufe they fay, that the town of Gw/Ay/o/d' in the county aforefaid is and from time immemorial was an ancient town ; and that before the time when the trefpafs and alTault aforefaid isfuppofed to becommrrted, to V'ii, on the day of in the fixch year of the reign of the nov/ king, one Henry JFjait, efq; came in the court of the faid Bar. 229 faid lord the now king of his town of Guildford aforefaid, then held before one T. P. the then mayor, and the good men of the town of Guildford atorefaid within the fame town, according to the cuftom, liberty and privilege of the town aforefaid, from time out of mind ufed and approved in the fame, in hij proper perfon, and then and there the fame H. IV. levied a certain plaint againft the faid Jofeph Cooper in a plea of trefpafs on the cafe, to the damage ot him the faid //. /?''. 5 /. and then and there found pledges to profecute his plaint aforefaid, to wit J. Doe and R, Roe, and then and there prayed procefs to be made for him againft the faid Jofeph in the p'ea aforefaid according to the cuftom of the town aforefaid, which then and there was granted to him ; whereupon at the fame courc then and there, according- to the cullom of the town aforefaid, at the petition of the faid iV. H. it was in fuch manner proceeded, that the faid court then and there, according to the cullom of the town aforefaid, com- manded the ferjeant? at mace and miniftcrs of the court aforefaid that they fhould take, or one of them fKould take, the faid Jofeph Cooper, if he fliouKl be found within the liberty of the town aiortrfaid, and him fliould ffife'y keep, fo that they might have his body at the then next court of tne faid lord the kin- of record of the town aforefaid before the faid mayor and good men of the tov/n aforefaid, to be held to anfwer to the faid T. IV. in the plea of his plaint aforefaid, according to the cuftom of the lown aforefaid ; By virtue of which faid precept the faid H. Mills, then being ferjeant at mace of the town aforefaid, and minifter of the court aforefaid, afterwaids and before the then next court of the town of Gui/dfordahrefd'ni, to wit, the faid day of in the fixth year abovcfaid at Guildford/ aforefaid within the jurifdidion of the fame court, took and arrefted the faid Jofeph, and would have and endeavour'd to carry him the faid Jofeph to the prifon of the faid lord the king of the town aforefaid at Guildford aforefaid within the jurifdi<5tion of the courc aforefaid, for want of bail ; And the fame H. Mills farther fays, that the faid Jofeph being under the cullody of the faid Henry for the caufe aforefaid, as is before mentioned, he the faid Jofeph afterwards, and before the faid next court of the town aforefaid, after the arrelt aforefai 1, to wit, on the faid day, ^r. in the fixth year abovefaid, with force and arms out of the cufto- dy of the faid ller.ry, againft the will of the faid Henry, then and there refcued liimfelf and efcaped, and went to places to the fame Henry unknown ; whereupon the (ame Henry called the faid Joniithan, another ferjeant at mace of the town aforefaid, to his afTiftance to riitake the faid Jofeph .- And the fame Henry and Jonathan at Guildford aforefaid within the jurifditlion of the court aforefaid the faid Jfiph, after the faid tfcape as aforefaid made, recently purfued, and made and continued that purfuit from thence from place to place within the liberty of the town aforefaid and jurifdiiilion of the court aforefaid, until afterwards, ro wit, at '.heiimein which, l^c. the/ did retake and arreft the 129 t ^^^* faid Jofeph in that pvirfait, at GuiUford aforefaid within ihe jip- rifdiclion ot the court aforelaid, as they lawfully slight ; And the fauie Hcniy and "Jmathan Mills farther fay, that the faid Mary upoa that retaking and arrcft then and there with force and arms made an aflault on them the faid Jonnthan and Henrys and would and did endeavour to have refcued and efcaped the laid Jofeph out of the cultody ot the faid Jonathan and Ilenry^ and alio would have then and there beaten, wounded and abufed them the faid "Jonnthan and //t-nry 71//7/i-, unlefs the fame Jonnthan and H^nry Mills had then and thtre defended themfelves againfl the faid Mary : And lo the fame Jomuhan and Henry Mills dv, that if any damage or ill then and there happened to the faid Mary^ it was from the proper aflault of the faid Mary, and in the defence ot them the faid Jonathan and Henry Mills, which is the fame refidue of the trclpafs and aflault aforefaid whereof the faid Jofeph and Mary above now complain : And this they are ready to verity • Wherefore they pray judgment if the faid Jofeph and Mary ought to have or maintain their adlion aforefaid thereof againft them, l^(. R. Acherlj. Covenant Covenant. £ »3o 1 Covenant by a furviving leflor! agiinfl [cnauc tor vrar'--. Piaa. Reg. 345, 351. B agnail againft Billing ay. Midd\ to vi\i. TJEMRY Billingny late of IJIington^ in the county cf Middlejex aforelaid, inholder, was funiir.oned to anfwer to Gibbons BagnuH, gent, in a plea that he keep to him the covenant between the faid Gibbous zviA one Rebel t Z)w//£/- deceafed, whom the laid Gibbons furvived \n the life-time of the faid Rohit m^d^ according to the force, form and effed of a certain indenture thereof between them ma''e : And whereon the faid Gibbons by R. C. his attorney fays, that whereas by a certain indenture made at Ijlingioji aforefaid in the jnjentQj.gpf county aforefaid, on the 28(h day of April in the year of our jgafe, J-ord 1710, between the faJd Gibbons ^n<^ Robert in the hte- time of the faid Robert, by the names of Gibbons Bognell of London^ gent, and Robert Builer oi Chelftam the county'of Middle/ex, gent, of the one part, and the faid Hsnty Billinguy, by the nanie ot Idtnry Billingny of IJlirgtor. in the county of Middle/ex, innhol- der, ofthe other part, which other part fsaled v/iih the feal of the faid Henry rhe faid Gibbms here in court produces, the date whereof is the fame day and year abovefaid, the faid Gibbons ^nd Robert \n the life-time of the faid Robert, for the confuieration in the fame indenture mentioned, had deinifed and to farm let, and each of them had demifed and to farm let, and then by the fame indenture did demife and to farm let and each of them did de- niife and to farm let, to the fame Henry Billingay all that mef- Premiffes. fuage or inn confining of a certain four-fquare building, which faiti mefluage or inn was then called or known by the name or fign of the /Inget, fituate and being in or near IJimgton aforefaid in the parilh of St. Jmnes Clerktnwell and I/Iingion aforefaid, or one cf them, in the county of Mid'Hi-ftx aforefaid, and then was in the tenure or occupation of the faid Henry Bil/in^rjy, and all that little clofe or parcel of land lying behind the faid nieiFuage, containing by ellimation two acres or thereabouts, and ail thofe fheep-houfes, with all flieep-pens (landing and being under the faid (lieep-houfes, and all and fingular out-hou(cs, edifices, buildings, barn";, ftablcs, chambers, rooms, cellars, folars, yards, gardens, back-fides, ways, waters, water-courfes, ealeinents, profits, commodities and appurtenances whatfoever to the faid iiicfluagc, J I JO Covenant. mefTuage, tenement or inn, clofe ot land anJ flieep-houfes be- lon'^ing or any w lys appertaining : and alfo (o much of the clefs called Conluit Fields as ihen was fenced, containing by efliina- tion 26 acres and two roods, be it more or lels, one clote or par- cel ot land, commonly culled or known by the name ot the Great StonyfiJJ, containing by ellimaiion 13 acres and 21 perches, iiiorL' or jefs, aod one other dole or parcel of land calic-c.yr. (reciting ft vera! other parcels) all which faid clofes or parcels of land are parcel of the manor of Earnejhury, otherwik Uurvad- Jvu'y, lying in or near to Ijjing'on atorelaia in the pririilies ot St. James Clerketiivell and IJlingion aforefaiJ, or one ot them, in the frfivl county of MiJilUfex, and then were in tl i tenure and occu- pation of the fiid Hemy Biilingnyy together with tree liberty of ingrf Ts and regrefs to and ior the faia Henry Billingay, his exe- cutors, adminiftrators and ailigns, with his and their horfes, carts and all other kind of cattle, into, out of and from the faid pre- ni'lles by the indenture aforcfaid demifed, during the continu- ance ot the leafe aforefaid, with all advantages and privileges P T thereunto belonging, to which or with which the faid Gibbons ^ *3' J Biignml 2in^ Rijbert Butler, or either of them, could any way in- title an ! accommodate him the faid Hemy Billitig^y concerning the premiffes afortfaid by the faid indenture dcmifjd ; faying Exception. and excepting to all and every petfon and perfons fuch right of any way or ways, pallagc or palfages, in, thro' and from the faid preuiiflbs, or any part thereof, which to them then belonged and ^^h:ndam. j^j \^qqx\ by them enjoyed j To have and to hold the fuid mefTuage, tenement or inn, the little clofe or parcel of land lying behind the faid mcflaage, and all and fingular the aforefaid other clofes or par- cels of land, and other the premifles, by the faid indenture before demifed or mentioned fo to be, with their and every of their appur- tenances (except before excepted) unto the faid Henry Billingny, his executors, adminilhators and afiigns, froni the feaft-day ot St. Mkhael the archangel then next following the date of the faid in- denture unto the full end and term of five years Irom thence next Sedd:rJ.tm. enfuing and fully to be coinpleat and ended ; yielding and paying therefore yearly and everv year during the faid term unto the faid GiObons Biigr.dlt and Robtrt Z^wz/fr, their heirs and afligns, the rent or fum of 500 /. of lawful money of Great Britain at the four mort ufual feall-days or terms of the year, that is to fay, the feall-day of the birth of our Lord JefusChrift, the feaft-day of the annunciation of the blefled virgin Mary, the feaft-day of Sr. John the baptift, and the feaft-day of St. Michael the arch- Covrnant to angel, by even and equal portions: And the faid Henry Billingay piy tht nut, for himfelf, his heirs, executors, adminiftrators and afligns, and for everv of them, did covenant, promife and grant to and with the faid Gibbons Bagnall ^nd Robert Butler, their heirs and afligns, by the faid indenture, that he the faid Henry Billingay, his exe- cutors, adminiftrators and aifigns, during the faid term by the faid indenture demifed, would well and truly pay, or caufe to be paid, to the fai 1 G-/^^9n/ 5fl^«'/// ^nd Robert Butler, their heirs and afii^ns, the faid yearly rent and fum of 500 /. of lavyful money of Covenant. of Great Bn't^tft, and every part thereof, in fuch manner and payments as in the faid indenture were before-mentioned and exprefl'ec, as by the fame indenture, among other things, is more fully manifeft and (ioth appear: By virtue of v.' hie n fail' de- mifc the faid Henry Biliirgay afterwards, to wit, on the ruorrow of the faid feaft of St. Michael (he archangel next after the tiate of the indenture aforefaid, into the faid ineiTuage cr inn, and all and fmgular other ihedeiviifed premifTesaforefaid with the appur- tenances entered, and was thereof poff-iK-d always from thence after until and after the feaft-day of St. Michael (he archangel in the year of the Lord 171 \ -. -\nd the fame G-.bhons in taft fays, that after the making of the indenture of deinifr afortfaid, lo wit, on the loih day o\ March in the 12th year of the reign of the lady Anne, now queen of Great Britain, Is'c- the (aid Robert Butler at IJJington aforefaid in the county aforefai.1 died ; and the faid Gibbons Bngvall him the faid Rolert Butler iurvived, and wr.s feifed of the revi.rfion of the mcJluage and tenements aforefaid with the appurtenances above demifed in his denufne as of fee, by right of iurvivcrfhip : And alfho' he the faid G/i{^o/;j and the faid Robert Butler in the life-time of the laid Robert, and he the faid Gibbms after the death of the faid Robert., alwiys from the faid time of the making of the indenture ofdemife afore- faid hitherto have well and truly performed and fulfilled all and lingular the covenants, grants and agreements in the indenture of demife aforefaid contained, on the part of the faid Gibbons Bagncsll &nd Robert ^M.'/tr, their heirs and afTign?, to be perform- ed and fulfilled, by protefting, that the faid Henry Billivgay hath not performed or fulfilled any covenants or grants in tlje fame indenture contained on the part of the faid Henry Billincoy, or his afligns, to be performed and fulfilled, in faft the fame Gihbtns fays, that at the feaft-day of the nativity of St. John the baptift now laft paft 125 /. of the yearly rent aforefaid, for one quarter of a year then ended at the fame feafl, to the fame Gibbons after the death of the faid Robert were in arrear and unpaid, and that the faid Henry did not pay the fame Gibbons the fame 125 /. ar the feafl-day ; and that at the feafl day of St. Michael the arch- angel now lafl paft other 125 /- of the yearly rent aforefaid, for another quarter of a year then ended at the fame feaft, to the fame Gibbons Bngnall after the death of the faid Robert Butler became in arrear and were unpaid, and that the faid flenry did not pay to the fame Gibbons the fame 125 /. at that feaft-day ; which faid feveral funis of money the faid Henry BilUr.gny ought to have pai'i to the fatne Gibbons Bngnall at thofe feveral feaft- days, according to the form and etfcft of the indenture aforefaid, but thofe feveral fums of money are yet unpaid : And fothe (akX Gibbons Bognall fays, that the faid Henry Billingciy, ahho' o(tcn required, his covenant with the fame Gibbons and the faid Robert Butler in his life-time as aforefaid made lothe fame Gibbons Bng~ ncU after the death of the faid Robert hath not kept, but hath un- juftl/ broke it, and hath hitherto altogether denied, and yet UoiU 13^ Erflry of the liefcndant. Arermpnt of the death of one of the kllors. Averment of perfo mance, Gff. oil the plaintiff's pait> Breach In ron- piymmt nftv/o quiiters iccc. 131 t Covenant doth deny to keep it with him, to the damage of him the faivj Gibbons Bagnalt 500/. And therefore he produces the fuit, i^c. [ i^z J Child againft Ho-we. Covenant MiiU\ to Wit. ^0/in C/ii/J, cfq; complains of Lucy Howep •.i's.nil an ad. J ^j.Jqw, adminiltratrix of all and rine;ular the niiniUratrix. , , , , - , , ,- 1 • 1 u 1 i 7 itl goods and chattels, rights an. I credits, which belonged to l nomas HoiKBy efq ; her late hiifband dece^fed, otherwife lately called, \tc. in the cuftody of the marHial, ^c. in a plea o*" breach of co- venant for this, to \Tit, that whereas by a certain indenture made at Wejlminjler \n the faid county of MiJjIefex on the 24th day of j^/ril in the year of the Lord 1700, between the faid Thomas f^o-Lve in his life-time, by the name oi 'Thomas Hoive of the Inner Temt'h, London, cfq; of the one part, and him the faid y«/?« Child, by the name of John Child of the Middle Temfle, London, efq; of the other part ; one part of which faid indenture, fealcd with the feal of the faid Thomas Hctve in his life-time, the fame John Child htre in court product's, the date whereof is the lame day and year, rcciring, among other things, that whereas the faid Thomas Hoixie was indebted to the faid Jjlm Child by a certairt note under his hand in the fum of 39 / for which fum he had agreed to pay intereil, he the fame Thomas Honxe (among other things) did covenant with the faid Jnhn Child to p^y him the faid 39/. with intercll accordingly, as by the fame indenture, among other thing*, more fully appears ; And the faid John Child h^ protefting that the faid Thomas Hnve in his life-time, or the faid Lucy after the death of the faid Tfiomas, have not performed any covenants or grants in the indenture aforefaid container on his part to be performed, it) fad fays, that the faid Thomas Hoixje before the making of the faid indenture, to wit, on the '6rh da^r of October in the 1 irh vear of the reign of the lord the nov/ kin^ at li''fjhninfter aforefaid, by his note a'orefaid, becan)e and was to Breaeb. jf,g fame Jo/^wCA//^ indebted in the fum aforefaid ; and that he the faid Thomas Hoive in his life-time, or the fiid Lucy after the death of him the faid Thomas Hoive, altho' often required, the faid 39/. with intercft, or any part thereof, to the fame John have not paid, nor hath either of them paid, but have refufed to pay him the fame, and the faid Z-wrydoth yet refufe to pay him them ; to which faid Lvcii, after the death of the faid Thomas, adminiftration of all and fingular the goods and chattels, rights and credits, which belonged to the faid Thomas at the time ot hn death, was duly committed, to wit, at IVeftminJrer aforefaid i And fo the faid John Child \zys, that the faid Thomas in his life- time, and the faid Lucy after the death of him the faid Thomas„ altho' often required, the covenant of the fai<1 Thomas aforefaid in ihis behalf with the faid John as aforefaid made to the fame John have not performed, but have wholly broke if, and have (Jenied to perform it to him, and the faid Lucy doth yet altogether denjr Covenant. ^31 deny to perform it to him, to the damage of the faid John Child 50/. And iherefore he produces the luit, l^c- &uth''lon, to wit. /J L. widow complains of y. E. knt. T. U. Covenant by a erq;and M. F. affignees of T. //. efq; Heviiee againfk deceafed, being in the cuitody of the marHial of the Min/Iialjea the affigatc of of the lord the king betore the king hinifelf, in a plea of breach of covenant for this, to wit, that whereas one A. M widow, on the 8th day oi June in the year of the Lord 1652, was feifed Seifm in fc«i in her demefne as of fee of and in one inefri;age or tenement and farm, with the appurtenances, called Abbotts Barlon, otherwife fi, B. fiiuate and being in the parifii of St. B. near the city IF. in the ccuntv of 5. aforefaid ; and being fo thereof fcifed the fame A- M. by her indenture made the 8th day oi JutTe in the year abovefaid, at the parifli of St. B. in the county of*?, abovefaid, Leafe made, between her the faid A. M, by the name of A. M. of JV. in the parifli of E. in the county of S. widow, of the one part, and the faid T. H. in his life-time, by the name of T. H. of H. P. in the county of 5. efq: of the other part, which other part fealed with the feal of the faid T. H. in his life-time the fame A. L. here ia court produces, bearing date the fame day and year, did demife grant and to farm let, to the faid T. //. in his lite-time, all that jnefTuage or tenement and farm, with the appurtenances, called er known by the name of A. B. otherwife //. B. iituate and be- ing in the parifli of St. B. near the city IV. in the faid county of iS. and all and lingular houfes, edifices, buildings, barns, ftables, yards, orchards, gardens, backfides, lands and tenements, mea- dows, pallures, feedings, commons, common of pafiure, wavs, vaters, watercourfes, eafements, profits, advantages, emolu- ments and hereditaments whatfoever to the faid melfuage, tene- ment or farm, belonging or in any wife appertaining, or to or with the fame demifed, ufed, occupied or enjoyed, or accepted, reputed, taken or known as part, parcel or member of the faid incffuage or farm, or thereunto belonging, with their and every of their appurtenances, (except and always referved out of the faid demife to the faid A. M. her executors and alligns, all limber and timber-trees, and trees of all kind whatfoever then {landing, growing or being in or upon the premifTes, or any part thereof, r •» with free ingrefs and regrcfs with her or their carts and carriages 33 I ©r fervants, to fell, cut down and carry away the fame at her and their will and pleafure during the term by the faid indenture grant- ed; To have and to hold the meffuage, farms, lands, tenemenrs, HahenJum^ meadows, paftures, feedings, and all and fmgular the prcmifles by the faid indenture before mentioned and demifed, and every part and parcel thereof, with their and every of their appurte- nanres, (except before excepted) 10 the faid T. //. his executors, admir.iftrators, and ifTigns, from the feaft of St. Michael the archangel next enfuing the date of the faid indenture unto the full end and tcriu of 21 years from thence next enfuitig and fully to be compleai and ended i yielding and paying thtrgfoie yearly ^eJJenJitm. 9iud 1 2^ Covenant. ^nd every year during the faid term to the faid A. M. her eiecu* tors, or afligns, at or in the common dining-hall o( Lincoln's Inn \n the county oi Middle/ex, the rent or funi of 200 /.of lawful money of England at the two ufual feafts and terms in the year, that is 10 fay, on the feaft of the annunciation of the blefled virgin Mary CoTtnanttorc- j^j^^j gj Michael iht archangel by even and equal portions: And P*"' the faid T. //. in his life time for himfclf, his ex cutors and ad- miniftratOTS, did covenant and grant to and with the faid A. M. her executors, adminiftrators and afiigns, by the faid indenture, that he the faid T, H. his executors, adminiftrators and afiigns or fome of them, from time, 10 time, and at all times then after during the faid term, at his and their own proper cofts and char- ges would well and fufiiciently repair and keep the houfe, mcf- luage or tenement, barns, ftables, out-houfes, and oiher the edi- £ces and buildings then (landing in and upon the premifies, or any part thereof, in, by and with all and all manner of needful and necefiary reparations and materials whatfoever, and alfoall the hedges, diiches, gates, ftiles, fences and watercourfes of and belonging to the faid premifies, with hedges, ditches, gates, ftiles, fences and cleanfing, when, where, and as otten as need iliould require, would likewlfe repair, fcour, cleanfe, maintain, and keep, and the faid melTuagc or Tenement, barns, ftables, edifices and other the premifies, lo well and fufficiently repaired, maintained, hedged, ditched, fenced and kept, at the end and expiration, or other fooner determination of the faid term, would peaceably and quietly into the hands and pofllflion of the faid//. M. her execu- tors or afligns, leave and deliver, as by the fame indenture, among^ Ertrycfthe other things, is more fully manifeft and appears: By virtue of Icffcc. -which faid deraife the fame T. H. in his lite-time into the tene- ments aforefaid with the appurtenances entered, and was thereof The executors pofl"efi"ed, the reverfion of the tenements aforefaid to the faid A. of the Icffec M. and her heirs belonging : And the faid T. H. of the tene- cnter. ments aforefaid with the appurtenances being fo as aforefaid pofl^eficd, and the faid A. M. being of the reverfion of the tene- ments aforefaid feifed in herdemefne as of fee, the faid T. H. af- terwards, to wit, on the 20th of February, in the year of the Lord, l^c. at the parifh of St. B. in the county of 5. aforefaid, made his laft will and teftament in writing, and then and there confti- tutej deceafed, wa"''an'equita- oihcrwife lately called, ^c in the cuftody of the marfbal, tsV. ble light. in a plea of breach of covenant for this, to wit, that whereas Rich rd Taylir of ^-^Rg^ Grange in the county of Mon- mcuih, e;ent. and the faid John Morgan, purchafed to them and their heirs of and from the faid Roger Brai/iron feveral meffua- ges, lands, tenements and hereditaments fituate, lying and bting in Cardiffe and Whitchurch in the couiuy of Ghnnn gnn ; And whereas afterwards by a certain writing made at the city oH Brif- td aforcfaid in the county of the faid city on the 30th day ot 'July in the year of the Lord 1678, reciting the purchafe aforefaid ; and farther reciting, that whereas one //fW'j7'rr7ffj, elq; clain- ed and pretended to have a certain annuity of 20/. a year iffuing {i.id payable to him by the grant of EJivard Thomas, efq; out of the faid prtmifTes, (among other lands of the faid EdzvardThnnai) and that he the faid Rogtr JUaihron on the fale thereof had agreed with the faid Richard Taylor and John M'jn^an at the time of their purchafe to indemnify them the (aid Richard Taylor and John M'lrgon from and againft the faid annuity, he the faid Roger Brathron, in ptrfovmance of the agreement aforefaid, by the iame writing for himfclf, his heirs, executors and aftigns, did covenant and grant to and with the faid Richard Taylor and 7o'.« Morgan, their heirs, executors and afiigns, that he the faid Rogtr Covenant. I i34- Mogfr Brnthror, \\\s heirs, executors and adm:niftrators. from time to time, and at tW times from thenceforth for ever, wotild well and fufficientiv fave harmlefs and keep indemnified the faid jjjy^^^ai'mkfs, Richurd Taylor and JfJm Mo'<:;n, their heirs, executors and adn.inifirators, and their refpcdive tenants, and the feveral meffjagcs, lands, tenements auA hereditammts hy them pur- chafed iis aforefaid of the f;;id Roger Brdt/itoi of and from the faid annuity, ani alfo of and from all aftions and fuus in law and equity, colls, charges, Icifes, txp^-nces and damages whatloever which fliould be profecutecl or happen againft or to theiu, or ei- ther of them, bv the faid fiV'Tj Tracey, or any claiming und'er him, for or in rtfpeft of the annuiry aforefaid, or in any wife J e-. Uting thereto, as by the fame writing here in court produced feakd with the feal of the faid R.o'^er Brathion, bearing date the day and year laft abovefaid, more fully appears : And whereas [ 1^5 J afterwards, to wit, on the lOih day oi Jiwua-iyin the 31ft vear of Death of the the reign of the faid lord the now king, at the city of Bri^^J dfore- j^'""- purchafcr, faid in the county of the fame city, the faid Richard Tuyl'jr died, and the faid "John Morgan furvived him : And whereas alto af- terwar.^s, 10 wit, on the fai.i loih day of faruary in the 3 lit year cfthe reign of the faid lerd the now kirg abcvefiid, theiaid Roger Brathron, at the cirv o^ Rri/lol aforefaid in the county of the fame ci:y, made his laft will and teftament in writing, and by the fame then and there conftituted and ordained the iaiii Suta/i his wife executrix of the faid will, and afterwards there died; and the faid S.irah afterwards there proved the faid will in due pg^^}, of tfie form of law ; and afterwards, to wit, the 10th day of Felruary vendor, wliofe in the 32d year of the reign of the faid lord the now king, at the evccvmix prov- ci y oi Brijiol aforefaid in the county of the fame city made her fd his will and lali will and teftament in writing, and by the fame then and there ^"; ' '^T'"^ ,,■ , , , - 1 1 /- • 1 o n ri r-i 11 firlr rn.'de her conltituted and ordauied the laid .S. K. executor 01 her laid uill, ^m j^ri^ the and afterwards, to wit, on the fame lO'h day oi February in the dcfendaotex- year laft abovefaid, at the citv of iR;//'!?/ aforefaid in the county tcutor, of the fame citv, died : And the faid J'Jin in taft fiys, that at the time of the purchafe of the lane's aforefaid the faid lands were and yet are cha'-gcable with the faid annuity during the life of the faid Henry Trui ey in equity ; and ihat the faid H. T. after the death of ih;; faid Sara/i, and b-foreihe exh'bition of this bill, to wit, on the ift day of Noz'etn/er in the ^^d year of the reign of the fnid lord the now king, at ih» citv of Brifiul in the county of the fame citv, profccuted a certain fiilt'in the court of chancery cf the faid lord the kin;T againft him the faid John for the recovery ,^.;"''' *''''* ^ of the arnijtv aforcfaiii and the arrears of the fame, of which ^^ ,-|^.,| faid fait he the faid S. R. af'erwards, to wit, on the loth day of againft him, J:nuary 'n the 3 ■;d year, fi^-r. ai the city of Brijlol in the county and defendant of the fame ci:v (pentling the fuit aforefaii) had notice, anil had not mdcm- then and tht-re was required to take upon himicif the defence of " -* the fu't aforefaid, and to fupply the txpcnces thereof, which (he fiid S then and rhere rcfufcd to (^o, and fo the fame John favs that the faid 6". although often required, hath not favcd harmltrls Q_ 2 and Covefunt by the afTignce of the reveifion. ^35 Covenant. and kept indenimfied the {ixijohn and his tenants of and from the fu!t aforefaid, by the faid H. Tmcey fo as al'orefaid againft him commenced and profecuted for and concerning the annuity aforefaid, and the covenant of the faid Roger to the faid 'John halh nor perlormed, but bruke, and hath hitherto denied, and yet doth deny to perform it to him, whereby the fame John fays that he is prejudiced, and hath damage to the value of 500/. ^nd therefore he produces the fuic, l^c. London, to wit. JLTF.nry Afliurjl and Benjamin Strnn^e complain o^ Roger Mingar znA IVilliam Ferra^id, be- ing in the cuftody of the marnial of the Marfhalfen ofthe lord the king before the king himftrlf in a ptea of breach of covenant, for this, to wit, that where'is one Thomas Glo'ver 0^ London, mer- chant, was feifed of a miiluage with the appurtenances, fituate in Gracechutch--^tieet, London, in his demefne as of fee, and fo be- ing thereot feiled the fame Thomas Glover on the 1 ft day of Fe- Bniury in the zzd year of the reign of the lord Charles the fecond, ■now ]f^\v.'gof Enirtand, l^c. by his certain indenture then made The Icafe at io/j/ZoV; aforefiid, to wit, in the parifli of St. M-ay-le-boivm the ward of Cheap, between the laid Thomas Glover, by the naaic ot T honius Glover of Lonlvn, !Ter, the fame hen'y /Ijhu- ft and Benjamin Sn arge proeuce here in (Oiirt, ihe date whcreul is the I'.av and year !alt meniioned, tor and in con- fideru(ion of the fum ot 3000/ of lawful money of England to ihe fnid J /ijmas in hand p dd, did relcafe (among other things) the reverfion of the na-fibage aforjfaid v/ith the appurienantes to the faid Henry Afhurll, i'.enjamin S.'ia'^ge and Gilts Raiu/ins, then heing in polklion ot the reverfion of themelluage aforefaid with the appunenances as is aforel'ai.) ; To have anil to hola the reverfion otthe meflu ge atorel'aid with the appurtenances of the faia Her.ry A /JiUrJ}, Benjamin Strange and Giles Rwulins, their heirs and affi^ns, to the only ufe and behoof of the faid Henry Afhurj}, Benjamin Hirange and Giles Ruiulins, their heirs and afii ns forever, as by the indenture tripartite aforefaid among other things is more fully nianifeft and appears : By vinue of which faid releafe the faid Hemy A/Jiurjl, Benjamin Strange and Giles /?r/xi'//;.'j,'of the reverfion of the meiruage aforetaid with the appurtenances were fcifed in their deiuefne as of lec ; and after- wards, to wit, on the 10th day of M./y in the 30th year of the reign of the laid lord thj now king, the faid Giles Ruulins at London aforefaid in the parilli and ward aforefaid died, and the faid Henry AfJiurft and Benjamin Strange him the (aid Giles fur- vived, and were felled of th« reverfion atorcfaid in their deiiicfne as of fee by right of furvivorHiip, l^c. And the fame Henry and Benjamin in fa6t fay, that althouj^h the faid Thomas GLver from the time of the inaking of the indent me of deuiife aforefaid untJ the faid 21ft day of March in the 2vth year abovefaid, and the faid Henry zni Benjamin ^rom the faid 2til:dav ot March in the 29th year abovefaid, hit'ierto have well and faithfully obferved and performed all and fingular the covenants and grants in the in- denture of dcmife aforefaid contained, on the part of the faid Thomas Gljz-er and hisafiagns to be perforuicd and fulfilled ; pro- tefting alfo, that the fa>ci Roger Mingar and IVttliam Ferrand have not performed orfulfiHiJd any of the covenants or grants in the fame indenture contained, on ihe^art of the (aid Roger Min- gar and William Ferrand, or their afligns, to be performed and fulfilled, in fad the fame Henry ^mS Benjamin fa v, that 175/. of the faid yearly rent of 70/. as aforefaid, referved for two whole years and half a year ended in and upon the fead-day of Sr. Mt- f/^.??/ the archangel in the 31 ft year of the reign of the faid lord the now king, were and yet are in arrear and unpaid to the faid Ilenrjf AjAurJl 3ind Benjamin Stiarge ; v/nich fa'ul 175/. the faid Roeer Covenant. Roger MIrrgar and JVilUam Ferrair^J have not, nor hatli either o' them yet paid to the fame Htrirv and Be;:jamin,at e\x.\\.tr of them» accorwing to the form and eff ft of the indenture aforefaid : And \o the laid rienry and Benjamin dy, that the faid Roger Mingar and William Ferraml, altho' oficn rct^uired, the covenant be- tween the faid Thomas Glouer and them the faid Roger Mingar £nd IVilUavi FernjnJ in that behalf as aforefaid maoe have nor, nor hath either ot them, performed to the fame Henry^nd Ben" j'trnin, but have hitherto altogether denied, and yet do deny to periorin it to them, to the da.nige of the faid Hanry and Benja- min 3©o/. And therefore they produce the fuit, ^r. And now or. this day, to wit, iVedr.efiiay next after the oftave of Sr. Hillary in this fame term, until which day the faid R ger had leave to imparl to the bill -aforefaid, and then to anfwer, l^c. before the lord the king at lFc:jh?isnJ}try come ns well the faid IL'my and Btv.ja/r:in by their attorney aforefaid, as the faid Roger h'.' Jo/in Lilly his attorney: And the faid IVrliam Ferrand, al- tho' folemniy called, comes not, nor I'ays any thing in bar or preclufion of the aftion of the faid Henry and Benjamin^ whereby the tame Hemy and Benjamin remain againft the faid IFillinm therei:i undefended, £5"V, wherefore the fame Henry and Benja- min ought to recover their damages by reafon of the premiiles againll the faid lViliia,ii ; but becaufe it is conveiiient that there ihould b; but one taxation of damages in this behalf, Therefore let the taxation of damages againil the faid IVilliam ftay until the plea between the faid Henry and Benjamin and the faid Rcbert is deternfmed :And the famer^o^^r fays, that the faid Henryand Ben- jamin ought not to have or maintain their a(!^Jon aforefaid thereof againtl him, becaufe he fays, that well and true it is that the faid 'Thomas Chfcr v:2.s feifed of the mefTuage aforefaid with the ap- purtenances in h's demefne as of fee , and being fo thereof feiled demifed the meduage aforefaid with the appurtenances to the faid Roger Mingar and William Ferrand for the (erm aforefaid, and that they the faid Roger and IVillium by virtue thereof were jointly pofielfed in manner and form as the faid Henry and Ben- jamin above hive declared ; but the faid Rcgsr farther fays, that long before the feaftof St. Michael the archangel in the 3 1 ft year abovefaid, they the faid Roger and IVilliam Fernnd fo bein* jontly prfl'rfTed, and l\\^(a.\d Th'.mas GL^jer fo being feifed of the revtrfion aforefaid, the faid Roger, with the afTcnt and con- f:ntof the faid Thvnas Glo-jer., on the 20th day of Filnuary in the24.th year of the reign of the faid lord the now king, at Lon- don aforclai.i in the parifli and ward aforefai(), by his certain in- denture then an J there made between him the faid R ger, by the r.ame of Ro:^er Mingar, ciilz n and loni/on, of the one part, and the faid William Ftrrand, by the name of IVilliam FerranJ,cn:-A'n, alfo and J.ordon, of the other part, «,i)e part wiurcof fealcd with the feal of the faid Will.tm Feiranl the fame Router produces here in court, the date whereof is the fame day and year laft abjvtfaid, reciting, that whereas Thomas Ct.4 Chz-er 137 ImparlanceJ One defendant makes default. One taxation of d&magcs. Confeflion of the Scilin and dcraife. One of the lef- fces with the conlint of the lefTor rtlcafts Lis m"itty to the other, i37t Covenant. Glrz'n- of I.ori'.'o^, merchant, by indenture of demife under lu's huiid ami fcvil, bearing date the firll o-ay ot Febiunry in the 22d yc-.r of the rci^n of the faid lord tlic now king, for'ihe confi .or- ation in the i.x\i:\ indenture inentinned, had deuiifed, granted and to farm let to the faid Roger M "gar and IVilliam Feri and i-aW that niciiuiige or tenement Aith the appurienances, fituatt, iyJng anvl being in G ace-c'mrch Jireel^ on tiie well fide ot the laid llrett in the pcrifli of St. Leonard '^Mji cheap t\cx\. adjoining to a m. Ullage or tenement in the occupation of David Uny, tl'c . To iiave and to hold the faid nudTuage or teneint-nt, and all and fingular other the before d<. mdcd prcmiir.'S, with the appurienan- ces, to the laid R'jger Mir'gar and IVilliam FtrrotiJ, their exe- cu(Ors, adir.inirtrators and ; ifi^ns, from the feaft-vlay of the na- tivity of our Lord then laft pall, before the date of the fnid re- cited indenture of demife, unto the tull end and term of 3 i years from thence next enfuing an I fully to be compleat and .nded ; . and aUo reciting, tlial the faid. R''; and that he to that declaration hath no rcccllity, nor is by the law of the land obliged to attwer : And this he is ready to verify : Wherefore for wd^i of a ftfli itnt de- claration in this behalf the faid /Indieiu prays judgment, an.', that the faid yo///7^ may bo prcclu led fjoip his action afor.fiid had, L''V. AnC tor caufcs of demurrer in law upon that JeLlaration the fame Andisvo according to the form of the ftarute in luch cife made and provided, d('th fet down and to the court here ._ exprefs thefe caufts following to v/it, Decaufe by the declaration an I'.l. c. V. fiforefnid no place or county is alledged, from the neighbourhooJ 4 Aiiuc, c 16. whereof cr from whence a j'lry fuould come, to try v/hat the goods or any of them in the faid fchedule contained were, or whether the property of the goods and chattels in the fame de- claration fpecifed at the time of the making the writing aforelaid, in the faid declaration mentioned, was to the faid Adreiv or to the faid Juhn Hall : And becaufe it don't appear by what name the faid Arrdrezu is called, or what addition he has in the writing afortfaid, as it ought, fo that it might manifeftly appear that hs is the fame who is named in the faid writing, and that becaut3 the declaration aforefaid is in iifclf infenfible and contradtftory ; allec'ging firft that at the time of the making of the faid writing the iame JnJieiv by the writing aforefaid fold and delivered the laid goods and chattels in the fame declaration m'.'ntioned, and pfrcrwar s that the faid y^w^/rcTr at the fame time of the making of ihe fap.ie writing had no pofT ifion or property of or in the fame goo Gff. Covenant. 139 ■county o^ M'ddlefex, gent, in the curtony of thMnarflial, Cffr. in a plea ot a breach ol covtnant, for this, to wit, that whereas the faid John h'. in his lite-time, to wt, on the 21ft day of ^k- £uji,\n the year or the Lord 1720, at Lofia-.n aiorcfaid, in the pari/li of St, i'.'ury-le-hozu, in the ward gH Cheap, by his cer- tain writing, (ea'ed with the fcal o\ the faid John hi. in his life- time ami here in court produced, bearing date the lame day anJ year, 'or hii;;fcit. his heirs, executors and admin'ftrators, did covenant, promik and agree 10 and with the faid Edv:arii B. by T^g covens the name ot Eavjard Drgan, cifzen and Barber Surgeon of ut forth. Loudon, and the faid o. K. by the name of 5. K. of the parilh of St. Durjiun, London., g-nt. their executors, adminiiVators or alliens, jo:n'ly anu feveraliy, that betore or on the firft day that the irHM.r.r books of the governor and company of mercharts of Great Grituin tra ling to the Sout'i Sea^.nii oJier p'^rts oi Ame" rita, and for the promoting of the fiiliery, l^fc. fl^.cuid b; open for publ'ckly transferring ihares, credit or intereft, in the capi- tal ftock et ihe faid company, after the birih of our Lord then next enfuing, he the faid John H. his executors, adminiilrators or alFigr.s, would accep; and receive, or caule to be acccprcd and received ol f.nd irom the fame E. B. and S. K. their executors, adiuiniftrators or afii^^ns, 200 /. iiiare, credit or inrertfxin the faid capita! tlock. of the governor and company aforefaid, to be tranf- ferred bv the faid E. B. and i'. K. iheir executors, adminiilrators or afiiJns, or any of them, with ad dividends, profi;s and emo- luments. Cms and payabL- for the fame at and to Midfummer then lad paft, an! whicli then after were or fjiould be voted, ordered and become payable for the fame, until the birth of our Lord then next en'uing: And that baibre or at the time of the transf.;/ thereof, or upon the fame firfl. day that the transfer-books of the j. ^ faid company iliould, be open after the birth of our Lord then L '4 i next enfuing, or upon fuc'i day as'ihey by the faid John H. his executors, admini(irarori or afilgns, by noiice in writing given or leit for the f^ine Ediiard li. and S. K. their executor^, admi- niitrators or afligns or any of them, at London aforefaid, at the manfion-houfe '.f the faid Ediuard B. in Cannan-S^heet, Lon- don, lliould be rt-quired fooner to transfer, he the faid J'jhn H. his executors, adminifiraiors or i'ffigns, would well and truly pay, orcaufe to be pail for the fame, to the faid Edivard B. and S. K. iheir executors adminifirators or affigns, ihe fum of 2100/. of lawful money oi Great Btitain, being after the rate ©f 1050/. lor every 100/, ftock, togeiher with all monicj which in the mean time fliouid be called in by the faid company oroihcrwifc by the faid Edvjard B. an • S. K. their executors, admiiiiftra'ors or ailigns, or any of them paid by reafon thereof, and intereft lur fuch moiMcs from tiie lime of the p^ynunt thereof, as by the writing alor.faid ani^ng other things, niore fully appears : And the lame Ediuard and 6'. in faft lays, that after the 31 ft day of Aitguj] in the year of the Lord 1720 abovefaid, to wit, on the 19"! day of S^-ptemfyer in the year of the Lord 1720 at I on Ion alorcfaid in the parira and ward afurcf^iid, the faid John 11. in h;s life. I40 The teftitor «icicncianl pruV' *U his wilL The plaintiff atti-niled to Tiut mne came «»n the pii ot the ilrtcncant lo receive it. Breach. No notice pi- Trn the plain- tiff*. Covenant. lj''c-rnne made his laft will anil tcftatnent in writing, bearing date the fai)ie day and year lall abovc^'aid, and thereby conlliiuted and appointed the faid Thomas Vir.ctnt executor thereof ; aiivi after- wan.s 10 wii, the 20'h day of the fjuie month of Sipteu.ber in the year of the Lord lalt abovefaid, at LonJon afortfaid in the pa- rifh and vard aforefaid t'.icd ; after v.hofi; death, lo wit, the fame •'ay and yt-arlalt abovcfaid, at London aforefaid in the parifh and ■ ward alorefaid, he the f;*id Thomas \\\ due form of law proved the Jalt will and teftanient aforcfaid, and took upon him the burden of the execution thereof: And that the i It day of May in the year of the Lord 1721 was the firll day that the transier-books of the governor and company aforcfaid were open for publickly tranf- fcr/ing iliares, credit or interert in the capital liock of the faid conjpany, after the birth of our Lord next enfuing the date of the writing nforefaid : And the fame £. and .S farther fay that th''y the fame E. and S. on the fame 1 ft day of May in the year lafl abvvefaid, wt re from nine of the clock in the morning until, to, and after one of the clock in the afierPiOon of the fame day at the South-fea Houfe, (ituated in Broad-jiieet, in the city of Ljndan atorefaid, and citered to transfer to tlie Aid 7". V. executor of the faid J. H. the faid 200/. fliare, credit or interell in the faid ca- pital ftock, together with 20 /. credit capital ftock, that being the profit, diviJend and emolument, due and payable for the faid 2oo /. fliare, creditor intereft in the fame capital ftock, at and to Midfummer then laft paft, and to the fame ift day of My- in the year laft abovefaid, were ready anil offered to pay to the lame 7*. V. executor of the faid J. H. as aforefaid the lum of 11/. of lawful money of Great Britain, being the whole dividend, pro- fit and emolument, due and payable for the faid 220/ credit in the capital ftock aforefaiJ, until the birth of our Lord next en- fuing rfie date of the writing aforefaid, according to the form and effeft of that writing : And that the faid T. y. or any other on the behalf of the faid T. ^. did not come, nor was there to accept or receive, or caufe to be accepted or received, ot and from the faid Eduuard and 5. the faid 220/. credit in the ftock aforefaid, and the faid fum of i i /. nor paid to the fame E. andS. the faid fum of 2100/. nor any part thereof ar any time hitherto, as he ought to have paid ; but the faid 'T. ^. then and there wholly rtfufed and yet doth.ret'iife ro accept it, or to pay the faid 2 too /. to the fame E. and 5. for it ; And that he the faid J. H in his life-time, or the faid T. A', as his executor after the death of the faid J. H. or either of them, or any other perfon for them, or either of them, at'any time after the faid 31ft day of Jugu/l in the year of the Lord 1720 abovefaid, and before the faid firft day of May in the year of the Lord 172 1, did not give or leave any notice in writing for the faid E. and S. at the faid manfion-houfe of the faid E. B. fituate in Canroi-Jirret London alorcfaii^, to transfer the faid 200 A credit or ftock in the company aforrfaid : And farther the fame E. and S. in faclfay, that the South- fea Houfe in Broad- flreet aforefaid, on the faid ift day of May in the year of the Lord 17:21 abovefaid, and long before. Covenant,' t H^ before, was and yet is the place of transferring tlie ftock afore- faid : and that the transfer-books of the faid coirpany are, and for all the lime aforefaid were, kept in the fame houfe ; and that the hours beiween nine of the clock in the morning and one of the clock in the atlernoon are, and on the faid fiii^ day of MJhalfea of the lord and lady the king and queen before '^'' \ff^' the king and queen themfelves, in a plea of breach of covenant, ' for this, to wit, that whereas by a certain indenture made at London, to wit, at the parifli of St. Andre'w, Holborn, in the •ward oi Farringdon IVithout, on the 20th day of January in the year of the Lord 16S6, between him the faid Anthony Tow fend, by the name oi Anthony Townffnd of the city of Coventry, efq; of the one part, and the faid T/.omas, by the name of Thomas Laiurence of the faid city of Coventry, ironmonger, of the other part, the other part of which faid indenture, fealed with the feal of the faid Thomas, the fame Anthony produces here in court, the date whereof is the fame day and year, he the faid Anthony Toixnfend, for and in confideration of the rents and covenants in the faid The demifc. i-ndenture after referved and mentioned on the lefFee's part to be paid, and performed, had demifed, granted and to farm let, and by the faid indenture did demife, grant and to farm let, to the faid Thomas Laivrence all that clofe or parcel of land with the appur- tenances, commonly called or known by the feveral names of the Oat-cljfe and the ^mick-fhirte, containing by ellimation twenty-three acres or therea bouts, beine part of a great meadow at or near Coventry (the common highway leading from Co'ventry to Stitchall lying on the weft fide thereof, another part of the faid meadow in the occupation of /^>v7;7r/y Uarfm, efq; on the eafl: fide thereof, another pnrt of the faid meadow in the occupation of J-jhn Snell on the fouth fide thereof, and another pr;rt of the faid meadow railed the ip,tnds in the occupation of the \\\uf John Snell on the north fide thereof.) and alfo a drift and bridle-way, and a way for carts, wains, and carriages through a gate called Childfmore-gate, and fo by the faid part of ihe faid meadow in the occupation of the faid Francis Hanfjn, elq; at all times, toge- ther with all hedges, gates, ditches, fences, mounds, ways, waters, pafi'ages, cafemenis and coiiiiii'.diiics whalfuevcr 10 ih« faid demifed prcinifles belonging or with the fame ulcd or enjoyed, (except i^.i Covenant. r tlont (cxcf pt and always rcferved to Edivnrd Rogers of the faic^ c'wj^ ravlor, anJ all other who tlien alter lliouKi beconic occupiers of th.it part of the laiil intattow then in the ocrupaiion of tne faid E./iv.irJ Rjgers, a brii'le arn.1 drift-way to ihe fame through the premiflts by the iaiJ indenture above dein. fed, and aHo a bridle and drift-way to and for the faiJ. Jo'in Snell, and all others who then aher iliould become occupiers of that pnrt ofihe faid mea- dow then in the occupation of the faid "J'/'H S/iell, at all times, «nd a way for cans, cairia jes and wains, through the fanie at all linits (except fuch time as there fliould be mowing grafs or (land- ing corn upon the fani:) aifo except and always rcferved to the faid /Anthony Torvnfendy his execufors, adminillrators, and aifigns, free p'.fTige in, by and through all foot-ways, as alfo for coaches, carts, hork's, and wains in, by and through all highways then left or ufed in the f,iid pieces of land by thefii i indenture demif- ed, except alfo to the faid Ar.th'.ny ToiunfeKJ. :ill game and liberty to hawk, hunt, fifh and courfe in any part of the prein'fl'.s at ufual Hui^nJunf 2^j proper times, ami alfo except to the faid Anthory Toivtiftnd all trees and the lops, tops and fhreds of trees, with libtriy to cut, fell, cart, or otherwife carry away the fame) To have and to hold the faid deiniled clofes or pircels of land with their and every of their appurtenances (except as before excepted) to the iiK\Thomns Lwzvrer.cejh'is executors, adminillrators and affigns, from the feail-day of the annunciation of the bleff. d virgin Mary then ne7:t enfuing the date of the faid indenture, for and during and unto the full end and term of 21 years from thence next RcddcniaiK. coming and following fully to be complete and ended ; Yielding and paying therefore yearly and every year during tlie faid term of 21 years to the faid A' t.'.oriy Tozviifer.j, his executors, adminillra- tors, and affigns, the yearly rent or fum of 20/. of lawful morvey o^ r.rg'iinH, at the two ulual feaQs or terms in the year, that is to fay, the feaft of St. M/f/w*-/ the arch-angel and the anininci- ;ition of the blefTed virgin Mory, bv even and equal portions : — C-vfiiant to And the faid T/.oKias LiVJ-revce for himfelf, his executors, ad- ray the rent, miniflritors and Jtffigns, did covenant, promife and grant to and with the faid Anthory Tozvnfend, his executors, adminiftra- rors and alliens, by the faid indenture in manner and form !ol- Jowirg, that is to fay, that he the faid Thomas Laitrence, his r I4Z ] executors, adminidrators and affigns, yearly and every year during :he faid term, would well and truly pay or caufe to bf paid to the faid Ar^t/ury Tovj?ifstid, his executors, adininiflrators and afilgns, the faid yearly rent of 20/. in manner and form aforefald, and at the days and times above limrted for the payment thereof, as by the fame indenture among other things is more fully mani- feft and appears ; By virtue of which faid dcmife the faid Thomns, on the morrow of the faid feaft of the annunciation of the blcficd virgin Mary next after the date of the indenture aforefaid, _, . „r into the premilTes aforefaid with the appurtenancfs to him as Tne entry ot ^..,f, ,.., , ,•" i-i r the defendant. aforci.iid above demited entered, and was and yet is tliereot pofT-dTcd: And the fame Anthory'\n fafl fays, that ahhough he hath well and faithfully, according to the form and efit£lof the faid indenture. Covenant. 142 indenture, performed and kepr all and fingu;ar the ccveranrs and agreements in the indenture ai'orefakl above fpec-fied on the part ot the laid Anthony to be obftrved, pt-rfonrjed or kept, the laid Breach. Ihomns hath not paid or caulVd to be paid to the laid Atilhony the fuinof 10/. 10 the {\mt Ar.thjr.y by ms lai.l "Z/^cwrtJ due of thu rent atoreraid for the laid deniiicd preniifies for half a year ended at the teaft of the arnunciaiion of the bleflld virgin Mary i6Sg ; and that the faid Thomas hath not paid or caufed to be paid lo the fame Anthony the like fum of lo /. to him by the fuid 'Thomas due of thj rent aturefaid for the demifed preniilL. saforefaid for another half year ended at the feaft ot St. Michiiel the arch-angel 1689 abovefaid, which faivi leveral lunis of money the (z^d 'Thcmus cu'jht to have paid or caufed to have bi;en p dd to the fame yfnthovy at the fame feaft-da' s refpeclively, accoiding to the form and efftd of the indenture asorefaid ; and lb the fame Anthony TozL'nfen J C^ys, that the faid Thomas Laivrence, although often required, ^c hath not perfornK-d his covenant aforefaid v\ith the fame Amhonyin this refpedl as aforefaid made, but hath broke it, and hath hitherto altogether denied and yet doth deny to perform it to him ; whereby the fame Anthony fays that he is prejudiced, and hath dam.age to the value of 40 /. And there- fore he produces the fuit, ^c. When, ^f. And fays that the faid Anthony ought not to have TVist t!ie may«p or maintain his adtion aforefaid thereof againft him, becauf.^ he ^colCevsntry fays, that the tenements aforefaid above fuppofed to be demifed f^e till^diffeifed lie in the city o^ Coventry in the county of the city of Coi-entry by the phintiSf aforefaid, and that long before the faid Anthony had any thing r- ho made the in the tenements aforefaid, and before the deniife aforefaid '^*'^" above fuppofed to be made, the mayor, bailifis, and com.- monalty of the city of Coventry aforefaid were feifed of ihe tenements aforefaiii in their riemefne as of fee, until the faid Anthony the faid mayor, bailiffs and commonalty thereof urjjiliy and without judgment y\'u\ diflcife, whr-rebv the fame Anthory was feifed of ihe tenements aforefaid in his demefne ns of fee by dilTtifin ; and the f^me Anthony fo thereof by that diflVifin beinj feifed demifed the tenemenis aforefaid to the faid Thoiuxs ; T o have and to hold the tenements aforefaid to the fame Thomas from the faid feaft-Cay of the annunciation of the blefTed virgin Mary next enfuing the date of the indenture aforefaid, for and during and unio the full end and term of 21 years aforefaid from thence Ti'.xt followir? fully to be complete and ended ; Yieldmg and paying theretore yearly and every year during the faid term of 21 years, to the fame Anthony Toivnfend the laid yearly rent or fum of 20 /. at the faid two iifual feafts or terms in the year in the declaraton aforefaid fpecified, by even and equal p'riions. as by the faid declaration aforefaid is fuppofed : By virtue of wluclx The dfu-njaot deniife the fame 7'A5»;at into the ten'^ments aforefaid did enter, cntertd and tl,e and was thereof pof?Vfil-d, as the fai i Anthony above againft him "»ayo^ ^f- hath declared, UDon which the laid Thomas /./nrr^^ncf 's pofilflion '■<^<'"'«'"''', '° thereof the fai.. mayor, bailitis, and commonalty of the city or Coventry aforefaid, before the faid feaft of tbc annunciation of the blcffcii t42t RfpT. that K. James ihc fe- cond was Icif- ed, &■<:. anJ dcniiled to him fci years, Gfc. That he enfe"-- rd and demilcd to the defen- dant. £ HZ ] Triverfe oFthe kidi '.f the coipijrallon. Iffue on the travcrfc. Susrseflio" tliat both the fhe- rifr« and coro- ner are paitie?, wherefore the •venire is award ed to clifoK. Covenant. blefied virgin M^r_y 1689, into the fame tenements re-cntcreJ, and him the laid Thomas from his poflcfTion thereof did put out, and from thence hitlierto have kept out and yet do keep out: And this he is ready. to verify, l^c. [Q^^FAet/ier a corporation car: enter unhfs by attorney.) Ediuard Nor they. And the faid Jnthony fays, that he by any thing by the faid Thomas above in pleading alledged ought not to be precluded from his aftion aforefaid thereof againft him had ; becaufe he fays, that before the making of the deniife aforefaid in the declaration aforefaid abovementioned, the lord James the fecond, late king o^ England, was feifed of and in the tenements aforefaid by the indenture aforefaid fo as aforefaid demifed in his deniefne as of fee in the right of his duchy of Cornivall ; and fo being thereof feifed the fame lord the late king James the fecond afterwards, and before the making of the indenture aforefaid, to wit, on the 17th day of May in the fecond year of his reign, by his letteis patent fealed with the feal of his exchequer here in court pro- duced, bearing date at Wejlminfier the fame day and year, de- mifed to farm to the faid Anthony Tonvn/end the tenements afore- faid (among other things ;) To have and to hold the tenements aforefaid (among other things) to the faid Anthony and his afligns from the feaft of the annunciation of the bleflld virgin Mary then lad paft for the term of 31 years irom thence next enfuing fully to be compleat and ended ; By virtue of which faid letters patent the fam2 y^/j/z^-jwy into the tenements aforefaid entered, and was thereof pofTcfTed ; and fo being thereof pofTcffed he the fame A-itho-ry on the faid 20th day of January 1686 aboyefaid in the declaration aforefaid mentioned, at London aforefaid in the parifli and ward aforefaid, demifed the tenements aforefaid to the faid Thomas in the manner and form as the faid Anthony above in his declaration hath declared ; without that, that the faid mayor, bailiffs and commonalty of the city of Co'ventry aforefaid were feifed of the tenements aforefaid in their demefne as of fee, in manner and form as the faid Thomas above in pleatling hath al- ledged : And this he is ready to verity: Wherefore he prays judgment, and his damages by reafon of the breach of the cove- nant aforefaid, to be adjudged to him, l^fc. J. Girdler. And the faid Thcmat as before fays, that the faid mayor, bai- liffs and commonalty of the city of Coventry aforefaid were feifed of the tenements aforefaid in their demefne as of fee, in manner and form as the faid Thomas above by pleading hath alledged : And of this he puts himfelf on the country : And the faid Antho-y likewife, Ifjc. And hereupon the faid Anthony fays, that Satnuel Collins and Mllliam Gihfon^ now flieriffs of the ci^y of Coventry and county of the fame city, are bailiffs of the city ox Ccvenlry aforefaid, and therefore parties to the matter aforefaid above between him the faid Amhovy and the fiiid TTiomas p^Ma ifTue ; and Covenant. and til at Simon Burton, now coroner of the city of Coventry', anJ county of the fame city, is one of the faid commonalty of the city oi Convent ry aforefaid, and therefore likewife a party to the faid matter above between the faii Anthony and the faid Thomas as aforefaid put in ilTue : and the lame Anthony pravs a v/rit of the lord and lady the king and queen to be direfted to two dilcreet and indifferent perfons within the faid county of the city of C'jventry aforefaid refuling, by the court here to be tleft- ed, to caufe to come twelve free and lawful men of the neioh- bourhood o{ V/icken'm the faid county of the city of Coventry aforefaid, to try the iflue aforefaid between the parties aforefaid above as aforefaid joined : And becaufe the faid Thomas Laturence doth not deny the allegation aforefaid, therefore E. H. and A L. (wiih the aflent of the parlies aforefaid by the court here elefted and named) are commanded that tb-y caufe to come before the lord and lady the king and queen at IFefiminJier on day next after _ twelve, l^c. by whom, Iffc. and who neither, l^c. to recognife, If^c. becaufe as well, l^c. The fame day is given to the parties aforefaid there, i^c. Note ; This caufe ivas ordered to be tried at the haft hut it ivas nftsrzLards eom^romifej. "^ 143 ^Ot. I. R £)eljt; Debt, E 144 ] Declaration on ^ > (^ ^|j^ r-fi-^HE moft illuftrious prince the duke of Tori a bond enter'd I , . ^ r . t u . into tome who „ . A. complains of /iF. gent, otherwife called, was attainted ^c in the cuftoJy of the marlhal, iffc. in a plea that he render of tteafon, and to him 200/. of lawful mr-iey of £'«jd^/«hJ' which he owes to him his goods ajj urjuftly detains, for this, to wit, that whereas the faid .'^, fhe'kin? t^o th- °" ^^^ ^^^^ '^'^y "^ ^/nV in the year of the Lord, ^c. at London^ fiuke ol 7'otk' fo wit, in the pariili of St, Mary-le bo-vo in the ward of Chenpy Praa. Reg. by his certain wri.'ing obligatory fealed with the feal of the faid E. 397} 407- and to the court of the faid lord the now king here fhewn, the date whereof is the day and year abovefaii Charles late earl of Marclcijiel.t, lately otherwite called the moft honourable Charles earl ot Macclesptld, the fame Charlotte being one of the fillers of the fiiid late earl, the faid Elizubeth being daughter and lK;r ot Elizabeth late lady Gerrard oi Bromley, late another ©f the lifters of the (u'.d carl and the fame J irt the ve?r of the Lord 1701 at London aforefaid, to wit, in the parith of St. M«ry7e-^i3Tu in the ward of Cheap, by his certaia vriiing obligatory fealed with the feal of the faid Richard-, and to the court of the faid lady the now queen here fhcwn, the date whereof is the day and year aforefaid, acknowledged himfelftobe held and firmly bound lo the nioft fcKne lord IVilliain the thinl, late Debt J I4S 3tic Ving cf Englatiff ncivf deceafed, in Ms life-time in the fald jooo/. to be paid to the fame lord the late king, or his fucceflors, wlien he fliould be thereto after required : Neverthelefs thefaiil Richard, altho' otten required, Wr. ihe faid zoool- to the lame [ 146 | late lorj king JVillium in his life-tinie, or to the fiid lady Anne, now queen ot England, after ihe death of the f.aJ late, lord the king, hath not paid, but the fame to the laid late lord the kifgin his iife-tinie, or to the faid lady the now queen after the death of him the faid hue king, hath altogether denied to pay, and the fame to the faiJ lady the now queen doth yet deny to pay, to the damage of her the faid lady the now queen 100/. And tiieretore the faid attorney general of the lady the now queen, for the laid lady the now queen, produces the fuit, iSc. Bar ring ton againft Archr. Effex, to wit. (^Uarles Barrir.gton, bart. lord of the manor of Debt ly a lord ^ Kings Hatfield, otherwife Hatfield Broadiake, of a manor _^ in the county aforefaid, complains of John Archer, efq; in the \^j^"^ ^^^ ^n tViz cuftody of the marllial, ^c. in a plea that he render to him 20/. jgath of his which he owes to him and unjuflly detains, for this, to wit, that auceftor. whereas the faid C^^^f/fx day of in the third year Piad. Reg.iiS, of the reign of the lady Anne, now queen of England, i^c and for years and more now laft pail continually hitherto, was feifed and yet is feifed in his demefne as of fee of and in the ma- nor of King's Hatfield, otherwife Hatfiel.l Bnjadoake aforefaid in the county aforefaid, which manor is of the ancient demefne of the crown royal of Ei-gland, in which faid manor there is and from time immemorial hath been a cuflom ufed and approved, The cullom, that every perfon not being born within the manor aforefaid, nor being tenant of lands or tenements held of the manor aforefaid, becoming feifed by hereditary defcent or otherwife of any lands or tenements held of the manor aforefaid, was ufed and accuf- tomed to pay a rcafonable fine to the lord of the manor aforefaid for the time being, at the court baron of the lord of the manor aforefaid on fuch perfon to be fet for the liberty of the pianor aforefaid : And the fame Charles farther fays, that one Mary Archer, widow, mother of the faivl John, whofe heir the fasiie Thcdefcn. John is, in her life-time and at the time of her death was tenant dantv inother ot and in v/:th the appurtenances in the manor o{ Kind's I'eiltdia tec Hitfield, o'herwife Hutfield Broadoake aforefaid in the county atorrlaid, and held of the manor aforefaid, to wit, at Kings Hai- Jield,ox\\crw\(Q Hatfield Broadoahe ^iorc(dK\ in the county afore- faid, nnd on the day of in the year at Kiig's Hatfii-ld, otherwife Jfatfii-ld f'roa.loake aforelaid in the county aforefaid died thereof feifed in her demefne as of fee, whereby ihe tenements aforefaid with the appurtenances defcended to the laid Tledef-'nt Jyhn Arc/ier as fon and heir of tiicfaid Ma^y ; and the lame 'Jjh/t Into the tenements aforefaid with the appurtenances entered, and became thereof feifed in his demefne as of fee by hereditary R 3 defcent, 14^ Debt. dcfcent, which fiiJ 'John was not born within the manor afore- faid, nor was at the time of the death of the faid Mary tenant of The fine fct. any lands or tenements hcKi of the msnor aforcfa'd ; And after- wards, to wir, ar a court baron of him the faiil Chtnles, lord of the manor aforefaid,,heId for the manor aforelaid at Kirgs HaifielJ, otherwife Hatfield Broodinke aforefaid in the countv aforefaid, and within the manor aforefaid day of in the year abovefaii', a fine of 7.0I being a reafonalile fine by the faid John to the fame C.harle, to be pa'o for the liberty of the manor aforefaid was (et, and by reafon thereof, according to the cuftom of the manor aforefaid to the fame Charles becfime due and pavabh^ to wit, at the pan/li of Kings HaifieU, othcr- • wife Hatfield Broa,lake aforefaid in the county aforefaid, of 7*nt?ce thereof, which faid fine the fame Charles then and there gave notice to the Pru£l. Reg. ^^jj John : And the fame Charles afierwards, to wit, day '^" '^■" of in the year lart abovefnid, at King's Hatfield^ otherwife Hatjield Broador.ke aforefaid in the county aforifaid, demanded of the faid John Archer the faid 20/. and the faid John Aftioa accrued, ri-fufed. to pay him them, whereby an c£l:on accrued to the fame Chatlrs to demand and have of the faid John Archer the faid 20/. N:;vcrthelefs the fai! John Archer, altho' ofren required, ^V. hath not yet paid the faid 20I. totiie faid Charles, but hath al- together refufed, and yet doth refufe to pay him the fame, to the damage of the faid Charles 30/. And therefore he produces the fuit, Sfr. [ '34 ] ^ennell and Diddlesfdd. Debt by an ex- ■Swrrj, to wit. nlmon ^tennell, executor of the lafi: will and ecutor againft O teftament of Peter ^utn.ell (iecealed, cora- aa heir. ^y^^^^^ ^j- ;^/-^///^„, DiddlesfoU, heir of John DidJlesfoU deccafcd, 10 wit, brother and heir of Richayd DiJdlesfold, fon and heir of IViUiam Diddlesfold, brother and heir of the faid John Diddles- fold\ztz o'i Hafco7nhe in the county of .Vwrrj, veonjan deceafed, otherwifa called John DiddUsfoli of Hafcamhe in the county aforefaid, yeoman, being in the cuftody of the marfhal of the Marjftalfea of the lord the king, before the king himfelf in a plea that he render to him i 2o/- of lawful money of England, which he unjuftlv detains from him, for this, to wit, that whereas the faid John (whofe heir the fame U'tiham Diddlesfold the now de- fendant now is) in his hfe-time, to wit, on the 2jd day of Oclober in the 29th year of the reign of the lord Charles the fecond, now king of Englan.l, Iffc. at Hafcombe in the county afortfaid, by his certain writing obh'gatory ftaled with the f^-al ot the f-iid jjhn, and to the court of the faid Icrd the now king here fliewn, the date whereof is the fame day and year, acknowledged himfelfto be held and firmly bound to th« faid Peter in his life-time in the faid 120/. to be paid to the fame Peter, his executors or admini- ftrators, when he fliould be thereto after required, and well and truly to make the fame payment the faid J(jhn in his life-time bound Debt. 147 bound himfelf and liis heirs by the fame writing: Nevennelefs the faicl John in his life-time, nor the faiJ TVilliam the brofher ot the faid John after the death of the faid John, nor the faid RUhard after the death of the I'aiJ Williafn\.\\i brother of the faid John^ nor the faid Willinm Biddle'fdJ the now defendans: aft.r the death of the faid Richard, altho' often required, ISc. Iiave not yet paid nor hath any of them paid, the fai.' 120/. to the faid Pder, in his life-time, nor to the faid Sinio": afrtr the death of the faid Peter, but to pay the fame to tht (aid Peter in his life-time, arKi to the faid ^iv-on after the death of the f^id P^tcr, have altogether refufed, and the faid Willium DiddlesfJd the- now defendant doth yet refufe to pav the fame to the faid Simon, and unjuftiy detains them from him in delay ol the fairhful execution of the will af(>re- laid, and to the damage of the fai i Simon 50/. And therefore he produces the fuit, ^r. And the faid Si/non produces here in court the letters teftaiiientary of the fa;d /"i-Zfr aforefaid ; by which it fuf&cientiv appears to the ccuvt of the faid lord the now king here, that the faid Simon is executor of the v.i!l of the faid Peler afor.=faid, and therefore hath the ar.miniflraiicn, i^c. And now cm this day, to wit, Tuefday next after the oftave of St. Nothinj; by dc- Hiilaiy in the fame term, until which day the faid TVilliam Diddles- fccac pleaded, foldihe now defendant had leave to imparl to the faid bill, and then to anfwer, ife. before the lord the king at IVeJlminfier conjes as well the faid Simon by his attorney aforcfaid, as the faid M^illiam Di/idlesfold the now defendant by Chrijlopher Smith his attorney ; and the fame Wiliiam Diddlesford the now defendant comes and defends the force and injury, when, l^c. and fays that he ought not to be charged v/ith the debt aforefaid as heir of the faid John Diddlesfold by virtue of the writing obligatory aforefaid: becaufe by proterting that the faid writing is not the deed of the faid John Diddlesfold, for plea the fame William DiddUsfold i\\e now defen- dant fays, that he hath not any lands or tenements by hereditary defcent from the faid John Diddlesfoi d m fee-fimple, nor had on the faid day of the exhibition of the bill aforefaid, nor ever after: 3' 4 W & M. And this he is ready to verify: Wherefore he prays judgment, if ^' ''*' '' ^' he as heir of the faid John Did desJJd ought to be charged with the debt aforefaid by virtue of the writing aforefaid, iffc. And the faid Simon {a.ys, that by any thing by the faid IFil- Repl. thathe Ham Diddles/old the nov/ defendant above in pleading alledged he ^"h affets. the fame William Diddlesfold the now defendant, as heir of the faid John Diddlesfold, ouglu to be charged with the debt afore- faid by virtue of the writing obligatory aforefaid, becaufe he favs that on Monday next after three v.'ecks of St. Michael in the 34th year of the reign of the lord Charles ihe fecond, now king of F.nglund, Ifc. on v.'hich day the liill aforefaid in court here as aforefaid was exhibited, the faid IVilliam Diddlesfold the now de- fendant had divers lands and tenements by hercd.itary del'ceiit from the {ah\ John Diddlesfold \n fee fimple, wherewith he ni'ght have faiisfied the faid Simon the faid debt, to wit, at Hafcomhe aforefaid in the county aforefaid ; And this he prays lur.y be in- R 4 quired t47l [ 148 ] Dfbt on a 8e 3 E. 6. c I 3. tor tiot letting out tithes. The c^eiendant occupier. And fowed and mowed. Debt. qulreJ of by the country : And the faid William DiJdlesfoU the row defendant thcrtof likewifc, ^r. Therefore let a jury thereon come before the lord the king at irejbnir./Ier on Thurfihiy next after the morrow of the purifi.ation of the blefled virgin Mar-y ; and who neither, CSV. to recognife, i^c. becaule as well,^*:. The fame day is given to the parties aforefaid there, ^c. Fymer againft Holborowe. Gloucejler, to wit. ^Olin Vymer^ farmer of the reflory of Mar/h- J field in the county aforefaid, complains of Sntnuel Jlulloroijoe in the cuftody ot the marflial, l^c. in a pita that he render to him 61. of lawful money of Ergla>^d which he owes him ana unjuftly detains, for this, to wit, that whereas the faid 'John on the 25th day of March in the 2d year of the reiga of the lord "janies the fecopd, now king of Er.glar.A, Is c and from thence continually hitherto was and yet is fanner of the reftory of Mar/Jif.tll with the appiirtenancc-s in the county afore- faid, and of all and lingular the tithes to that reftory any way belonging or appertaining, within tjie parilh g{ Mar J}i field afore- faid in the county aforefaid and the bounds, limits and tithablc places of that parifli yearly arifing, growing, renewing and hap- pening; and the faid ^mnuel on the faid 25:11 d'^y ot Mwch in the fecond year above fnid, and from thence continually after until the exhibition of this bill, was and now is occupi'^-rand poflliTor of a tlofe of meadow called Fcxiu'ell's JVocd, containin^j by eflimation 13 acres, and two acres of plough land in the Nuri/fidd c>\ Mm/li* f.eld aforefaid, and within the parifli o^Maifiifieldt aforefaid in the county aforefaid and the bounds, limits and rithable places of tha*: pariHi : The tithes of the grain and hay of and from which faid clcfc cf meadow and two acres of laml yearly growing, arifing and renewirg, for 40 yenrs next before the making of a certain act of parliiunent niade in the parliament of the lord Edixicird the fixth, late king of England, held at Wefitiiinjler in the county of Middlefex in the fecond year of his reign, for the true payment of tithes in their proper kind and fpecie made and provided, of right were due and payable to the rtflor of the rectorv aforefaid, or his farmer or deputy of that reflorv for the time being ; and the faid Samuel (o as aforefaid for all the time aforefaid being oor cupier and pofTefTor of the faid clofe of meadow and the two ceres of land, r.nd the faid Jjlm being fo as aforefaid farmer of the reftory aforefaid, the faid S/;muel afterwards, to wit, on the faid twenty-fifth day o{ Mwrch in the fecond year abovefaid plowed faid two acres of land and fowed them with v.'heat ; and after- wards, to wit, on tlie fixih day of Sefite);d er \r\ the fecond year of the reign of the faid lord the now king abovefaid, all the grafs in and upon the faid clofe of meadow then growine mowed and made into hav, and a!' the wheat in and upon the laid two acres of land then growing did cut ('own, the tithes of which faid bay and wheat of and from the faid clofe of meadow and the laid two acres of land as aforefaid growing and arifing did of right belong Debt. 148 telong to the fame John as farmer of the reftory aforefak?, and to him of right ought to have been paid and render'd : Ncver- thelefs ihe faid Samuel being a lubjeft of the laid lord the now Jcing of this realm o{ England not regarding the ftatute, nor in D-,d not fet out any wife fearing the penalties therein contained, did not divide, tj,e tithes, fet out, yield and pay the tenth part of the wheat and hayaiore- faid, or any parcel thereof, for the tithes of the fame, nor did any way compoiind or agree with the fame "Johtu being lo as atoreluiJ tarmer oi the reftory aforefaid, for the tithes of the fame, cr any parcel thereof ; but the faid Samuel afterwards, to wit, on the ipth day of O^o^^r in the fecond year abovefaid, all the grain and hay in the fame year fo as afortfaid upon the clofe of mea- dow aforelaid and the faid two acres of land growing, arifmg and mowed, without any letting out of the tentli part ofihe lame, and without any compofuion or agreement tor the liihesotthe fame with the faid John had or made, from the faid places where the faid hay and wheat did grow, the tithes whereof were then worth 40J. of lawfulmoney of England, did then take and carry away ; whereby an aftion accrued 10 the u/^, knt. larely deceafed, beinjj tutor "^ in ihe cudody of the marilial ofthe Mar/jfi ilPa of i\)Q lord and la- dy IVillinm and Mary now king and queen o^ England, t5'c. before tJie king and queen themfelves, in a plea thst he render to hini • 23/. I 5X. which he unjuilly detains from him, for this, fo wit, tliat whereas by a certain indenture made the thirteenth day of March in the year of the Lord 168S at London aforefaid, to wit, in tlie pariiji of St. A/^vry-Z.'-^^w in the ward of Cheap, between rh,' fame 'I homas Geddard, by the name ofl'homas Goddard oi London merchant, ofthe one part, and the faid Thornns Foit'lr, by the name oi 'Thomas Fovile of Lnndoi, knt. of the other part, which othrr part feiled wi^h the fea! ofthe faid Thomas Foivlc in hi? life-time, and as his deed delivered, the faid 'Thumtis [ j^g 1 Goddard produces here in court, the date whereof is the I'lireday and year, reciting that whereas by a ceriain indenture hf.ring date the lOth i.\-dy oi January in the year of onr I ,ord Recital. if,7t, and in the 23d year of the reign of the lord Charles the fecond, late king of Enp^tand, made or nieniioned to be nnde between the faul T h^rna^ (roddard finA F.lis-.aheih his wife, Frai CIS Shijltrofs o\ Digghf-vcell in the county ot Hertford, rfq; and Hir.ry iiful^rofs, citizc-n and merchant taylor of London, of 149 Debt. of the one part, and tlie faid 'J homns Tonule by tlie name of Thomus Foivte of I.or.d:,n. goklfiiiith, of the other parr, it was Agrcftnent to agri.*ed ihat the faid 'i hvmas Goihleirti t^nd Elizabeth his wife, levy a f. ?. Frutrcis S/io!/rofs 9rn\ Henry Sholtrofs, before the end of Hillary term then next et;fuing the date ot the lai^t indenture, flioulJ levy and acknowledge before the juAices of the common pleas of the fail late king at Wejlimnjie<\ to the faid Thomas I'oivle and his heirs, ^ Jine fur co^mizfifice /ic droit come ceo, ^c. with procla- niaiions, of all that nirffunge or tenement fmiate in fleet-Jlreetht- twcen ihe Inner-^ emfle Gate and the MiJdle-J enip]e Gaie in the parilli ot St. Dunjlan in the iVc/i in the city of London, then in the occupation of y?/f//rtr.'/ C/<7;-/fe or his ailigns or untler-tenants, and of all that mcfluage or tenement fituate in Fleet/lre"f afortfaid in the city of LonJun, next aci joining to the faid iiRlTuagr, and then or late in the tenure or occupation of John Groz'e or his af- fignce oralhgnees, together with all and fingular their appurte- nances to the fame belonging or in any wife appertaining, and of all other mefiuages and tenements of the faiii Thunus and Elizi- heth Goddarly or eithtr of them, fituate and being in the pari/K of St. Dunjlnn in the city oi London, by fuch name or names, ad- dition or defctiption, to afccrtain the fame, asfliould be thought fit ; and it was by the faid indenture declared that the faid fine, fo or in any other manner to be had or levied, ilioulJ be and enure to the ufe of the faid Thomas Go Idard for his life, and after his de- The uftt. ceafe to the ufe of the faid Elizabeth, the wife of the faid Thomas Goddard^QT her life, and after the death of the faid Thomas God- dard and Elizaheih his wite, then to feveral other ufes in the faid indenture mentioned and declared, under and with the provifo fol- lowing : Provided always, and it was agreed by and between the Provifo to parties to the faid indenture, and bv them declared and agreed to finakc Uafes. be their intent and meaning, that it fhould be lawful to and for the faid 1 homas Goddard at any time or times durin^ his natural life, and for the fiid Elizaleth after the dectaTe of the faid Thotnas God- dard, to make or grant any leafe or leafes of the premiflcs or any parcel thereof by indenture, tor any term or terms of years, either in potlcja on or in rt-verfion, To that there fhould be thereon referv- cd and payable tor fuch of the faid mefTuages as fliould be fo de- mifed, during fuch whole terms refpedtively as fhould be fo granted or made, fo much yearly rent refpectively as fuch refpeftive mef- fuage or tenement had been demifed or let for bv the greater part of ten years then laft part, and fo that the term of years in any new leafe of the premiffes, and of the years then to come of all or any term cr terms of years of the fame, before fuch new leafe in being, fliould not exceed in the whole 21 years, as by the faid recited indenture, and fine which was accordingly levied of the faid mefiuages and premilTes, relation being thereunto had, more at large appears : And whereas alfo the faid Thomas Fozvle then had a leafe of the faid firll mentioned mefTuage at the yearly rent of 40/. v.'hich faid leafe would be expired on the 2d day of May ft is v/itneficd whicli would be in the year of our Lord God 1691, it ivas ivit~ :) debt it biii. nejfed Debt. 1 149' nejjed that for and in confuleration of the furrender of the faid in- * denture, and in purfuance and by virtue of the faid recited provifo and the power and authority thereby to the faid Thomas Goddard referved, and in confideration of the funi of 500/. of lawful mor ney of Evglar.d \o the faid Thomas Goddard in hand paid at or before the lealing of the faid indenture by the faid Thomas Fo-u'le^ for and in the name of a fine or income, the receipt whereof he the faid Thomas Goddnrd by the faid indenture did acknowledge, and thereof did acquit and difchare:e him the faid Thowns Fo^te, his executors, adminiflrators and affigns by the faid indenture,! 50/. part of which faid 500/. the faid Th-mas Goddard had laid out in buikiing and repairing ot the faid firft meffuage, then in the tenure or occupation of the faid Thomas Foixle, and for the advance and ir.creafe of the rent thereof, and in confideration of the rent, cove- nants, provifoes and agreements in the faid indenture after referv- ed and mentioned on the part and behaif of the laid Thomas Foide^ his executors, adminiilrators and afligns to be paiJ, done a id performed, the faid Thomas Goddard had demifed-, granted, and to farm let, and by the faid indenture ilid demife, grant, and to farm let, to the faid Thomas FotjoU, his executors, adminiftra- tors and afiigns, all that meffaage or tenement with the fliops, cellars, follars, yards, chambeis, rooms and garrets thereunto be- [ ^$0 J longing, and in the tenure pr occupation of the faid Thomas Foivle, or his under tenants or alTigns, fuuate and being in Fleeiflreet a\ore(a.\d between the I <:ner-TeTrif.le gale and the Middle-Temple gate in the faid parifli of St. Dunftan in the WeJ} in the city of /,o«r/ow aforefaid, and all lights, eafements, profits, watercourfes, conmiodities and appurtenances u'hatfoever to the f;;id demifed meffuage and prcnflfes then belonging, except and always re- ferved, and by the faid indenture it was declared and agreed, that all drains, gutters, pipf's, currents, v/ater-coiirfcs and paffiges of and for water, and privileges, eaves-droppings, and all ealements, lights, windows, and other privileges and accommodations on, by and through the fiiJ mefiuygc by the faid indenture (iemifcd, or any part thereof, which then were made, ufed, accuUomed or belonging to the raefiiiage or teneinent belonging to the faid Thomas Goddard, late in the occupation of the faid John Grove, and then in the occupation of William OJlorne, to the faid de- mifed premiflTes adjoining, fhould remain, continue, and be held and enjoyed therewith during the term by the indenture within granted in fuch fort as the f^nie were then ufed, held and enjoyed; To h^ve and to hold the faid demifed mcfiliage or tenement and rr .;,,_;. preniiiies with the appurtenances , and every part and parcel tliereof (except as before exec pled) to the faid Thomas Foivlf, his executors, adminiilrators and alfigns, from the fecond day of No- •vemler then laft part before the date of the faid indenture for and ('uring and to the full end and term of 20 years and a half of a year thence next following fully to be complcat and ended ; Yielding and paying therefore to the faid Thomas Goddard -xnA his PcJJinJ' to afligns yearly and every year, and from lime to lime during the Inm and u> icrni '""»^^l» I'citoii', Off ISO Debt. term nf zo vrnrs snr^ a h ilf of a year by the faid indenture grant- ed, if the faid Thomas GodJurd iTiould fo lorg live, and after his (leceale lo Inch pt-rfon or perfons to whom the ntxt ule or eftate of and in the faid niclTuagc or tenement and prcmiffes, accordinj^ lo the liniiraiion of the refp:ftivc iiles and cilates in and by the faid recited indenture liniired <1ionld belong, the yearly rent or fumof 55 /. of lawful monev ot Kvghvtd at four feveral days ot payment in the vcar, that is to fay, the fecond day o^Februnry, the fecond dav of May, the fecond liay of AugujU and the fe- rn''v of the rond Oav of Noz^emb:r, by even and equal portions, as by the faid ichcc. indeniure here in court produced, relation being thereunto had, (among other things) is more fully maniteft and appears : By vir- tue of which faid demife the laid Thomas Fozde in his li;e-time jntothcniciraage aforefaid with the appurtenances entered and was Itiereof polfciled, and the melFuage aforefaid with the appurten- ances from the faid zd day ot Noi-ember in the year ot the Lord i6S8 until the tecond day o'i November 1692, and after, held and Rent due in occupied; and the faid Thomas Fozvle, knt. on the nth day of the tcliat.oi'8 November lalt abovcfaid died, to wit, at LofiJon aforefaid in the *"^"=* parifh and ward aforefaid, and i 10 /. of the reiU aforefaid, parcel of the fnid 12^/. 1 5 J. for two years ended on the faid lecond day of No^>emher\n the year of the Lord 1692 v/ere then in arrear and unfatistied, and yet remain unpaid to the did Thomas God- ^ard i whereby an aftion accrued to the faid Thomas Goddard to demand and have of the faid Thomas Foiule in his life-time, and of the faid Robert after the death of the laid Thomas Fonvle^ Rpntdue In the faid no/, parcel of the faid 123 /• 15 J. as alfo 13 /. i 5 t. the cxeeutoi's refidue of the faid 123 / 15 s. of the rent aforefaid, which after Cime. the leath of the faia Thomas Foivle, lent, for a quarter of a year ended on the fecond day of February in the year of the Lord 1692 aforefaid were in arrear and not fatisfied to the faid Thomas Goddard, and yet roiTiain unpaid, whereby an action accrued to the fame Thomas Goddard lo demand and have ol the faid R'jbert Fowle the faid i 3 A ',55. (refi iue of the faid 123/. ijs .J Ne- verthelefs the faid Thomas Foivle in his life-time, and the laid Robert aft^r the death of the faid Thomas Fozvie, alfho' often re- quired, Iffc. the faid no/, parcel of the faid 123/- ! 5 ^. or part thereof, have not paid, nor hath either of them paid 10 the fame Thoptat Goddard, nor hath the faid Robert paid to the faid Thomas Goddard the faid 13/. 1 5 *. or any part thereof, but the faid Robert hath denied to pay to the C'lmeThomas Goddard the faid 123/. I 5 J. and doth yet deny to pay him, and unjuftly detains the fame, to the damage of the faid Thomas Goddard 60 1. And tjjcrsfore he prgduces the fuir, isfc. fazvcetl Debt. 151 'Fa'wceU againft Chapnun. T? Ii/urJ Fa^vcett, who as well, i^c. complains of William Debt on the 31 Chnpman in the cuftoJy of the niarllial, ^2^dj- being in execution for the damages aforefaid under the cuftody of the faid WdHam Briggs in the prifon of the lord and lady the king and queen, fituate in the parifti of St. George S'julhnjcark in the county oi !Surry, he the faid Francis the pri- fon aforefaid with force and arms, l^c. broke, and out of pri- fon againft the will of him the faid IVilliam then and there ef- caped, and ran to places to the faid IVilliam unknown •• And That he took the faid IVilliam farther fays in faft, that he the faid William him on frcfh expediiioufly, diligently and recently after the faid efcape as Tuit and yet has aforefaid made, at S'juth'wark aforefiud in the county aforefaid, ^''^' purfued to retake the faid Francis, and the purfuit aforefaid from thence from place to place and from county to county made and continued until the faid William afterwards, and be- fore the exhibition of this bill, to wit, on the 21ft day of &/- tember in the 6th year abovefaid the faid Francis in the purfuit aforefaid, at /'Fe/?wir/?£'r aforefaid in the county aforefaid, took and in prifon put in execution for the damages aforefaid at the fuit of the faid lady the queen dowager of England, ^c. and vet there detains him ; And the faid Francis in the prifon afore- faid being, under the cuftody of the faid Willian in execution for the damaees aforefaid, from thence hitherto hath to remained and yet doth (o remain ; which faid efcape of the faid Francis out of the prifon aforefaid (as is aforefaid) is the fame efcape of which the faid lady the queen dowager above againft him complains: And this he is ready to verify : Wherefore he prays judgment if the laid lady the queen dowager of England ought lo have or maintain her aflion thereof aforefaid againft him, t^c. Edivard Northey. And the faid lady Catharine queen, dowager of England fays, Repl. that the that flie by any thing by the faid William Briggs above in bar <'=^«^"'l*'" vo- by pleading alle.lged ought not to be precluded from her aflion '""tcd'hirn'ta aforefaid thereof againll him the faid William had, becaufe rtie cjcapc. fays, that after the commitment aforefaid of the faid Francis llynJe to the cultodyofthe faid IFilliam Briggs in execution for the damages aforefaid, the faid Williain Briggs of his own wrong againft the will of the faid la,dy Catharim queen dowager of 15^ t Traverfc- Demurrer to \nc rcplicition. I '53 T Joinder in de- murrer. ©cbtaga'ind i gaoler tor rtful- jng a copy ot his commit- meDt. Pradl. Reg. 4. Debt. erf Engl.tnJ, (thS fame lady Cath.vine queen dowager nor being; fatisftjd tor the damages afor.faijj permitted the fall Francis i'lynJe to go and efcape at large as the faiu lady Catharine o^^<:i\ ilowager of Englund ^'ooyt hath declnrcd ; without that, that the faid Francis i'.ynde broke the prifon afor.'ftid, and efcap-^d out of the prifon ator^^faid, againft the will o: the fdid //^;7/;«w, as the faid IVilUam above in pL-a lin^ hath alledged : And this fhe is ready to verify ; Wherefore ihe prays judgiii.^nt and her debt afore faid, together with her damages by reafon of the de- tention of that debt, to be adjudged to her, tffr. Crefivell I e'vinz. And the faid IFilliam fitys, that the piea aforeOld by the faij lady Catharine queen dowager of EnglanJ \n niann.-r a,.a form above in replying pleaded, and the matter in the fame contained, are not fufficient in law to maintain her ac\'"on aforefaid thereof againft him the faid PViUiam had ; and that he to the plea aforefaid in mann'r and form aforf-fiid pleaded halh no ne- ctifity nor is by the law of the Ian obliged in any manner to anfwer: And this he is ready to verity: Wherefore for want of a fufficient replication in this behalf, the fame inHiam as before prays judgment, and that the faid lady Catharine queen dowager of Engl ar. ci m^iy ht precluded from .her aflion aforefaid thereof againft him had, C^V. Edivard Nort/iey. And the faid lady Catharine queen dowager of England Czys^ that the plea aforefaid by her the faid lady Catharine queen dowager of Etigland in manner and form aforefaid above by replying pleaded, and the matter in the fame contained, are good and fufficient in law to maintain the adion of her the faid lady Catharine queen dowager of £rg/a«^ aforefaid thereof againfl the faid IFilliam had : Which faid plea, and the matter in the fame contained, flie the fame lady Catharine queen d-> ■♦■ mvftrryor art of ftntioners of the city aforefaiJ, and tlir.r they^ fKoiiKl have a perpetual (ucceffion ; And farther the fame lord and lady the king and queen of their fpecial grace, certain knowljd'^e and mere motion, by their fniue letterc patent or- dered, created, erefled, made and conftituted the hmc T/iomas Maaerippoint- Dockrr.y matter of ihe fame myftcry or art of_ ftationers of the '•^ city sforefaid during one year then next enfuing, and the faid Tliimns Cirjoioii and Uenry Cook keepers or wardens of the fame myllery or art of ftationers of the city aforefuid for one year then next following, and the fame IVitllnm Bonham and Rich- ard IVay, \ic. the commonalty of the fame myftery or art of 'dationersof the city aforefaid, by the letters patent aforefaid r '54 ] made, created and conftituted : And farther the fame lord and hdy the king and queen ordered, created, ercded, made and conftituted by their fame letters patent the faid mnft.r, keepers and commonalty, in faft anci in name a perpetual body of itfelf and a perpetual company, incorporated of a maftcr and two keep- ers or wardens and commonalty of the fame myftery or art of ftationers of the city of London aforefaid, and the faid matter, keepers or wardens and commonalty incorporated and a body corporate by ihc name of matter and keepers or wardens and commonalty of the myftery or art of ftationers of the city of London for' ever to e-^dure, really and fuily v/iHed, granted, created, erected, ordained, made, declared and conft;tutcd by the faid letters parent : And that the faid mafter and keepers or wardens and commonalty from thenceforth fliould have a perpe- tual fuccefPion J and that the faid mrdter and kcppers or wardens and commonalty and their fuccefTors fhould for ever be named and called by the name of the mafter and keepers or wardetis and cominonalty of the myftery or art of ftationers of the city o( London, and by that name ihould and might plead and be im- p!ea 'ed, anfwer and be anfwered in all and fingular matters, fuits and plaints, ndlions, demands and caufes, before any judges and juftices whaifoever, and in any courts and places whatever, and lliould have a common fea! to ferve and be made ufe of in Jheir afif^iirs and b'lfinefs, and for fealing all and fingular their deeds and writing in any manner touching or concerning their af- fairs and bufmefs ; and that the faid mailer and keepers cr war- dens and commonalty anci their fucccffors might from time to time J^or/er to make make, ordain andeftiblilli, for the good and wholefome regimen tv-laws. jjpjj tTovernment of ihe freemen of the faid art or myftery and the commonalty aforelaid, orders, prov'fions and ftatuies as of- ten ns they fhould thipk fit and convenient, fo as thofe orders, provifi )ns and ftatutes fliould not be in any wife repugnant or CO ''lary to the laws or ftarutes of this their realm, or to the prHu'iice of the republic of their fame realm ; and that they and iheir fucceffors for ever fliould and might make lawful and ho- neft attembruts of ihemfLlves to make fuch ftatutes and orders, and tranfaft other affairs for the benefit of the faid myftery or art of ilationers and commonalty of the fame, and for other law- ful Debt 154 ful caufes in form aforefaid, as often as tliey fiiould tliink proper, lawfully and without any moleftarion or diAurbance of the laid lord and lady the king and queen, cr of the heirs or fucceiTors ofthefaid lady the queen or of any other, as by the letters pa- tent aforefaid inrolled of record in the court of chancery of the lord and lady the now king and queen at JVefiminJier, the ex- emplification of which faid inrolnient under the great Teal of the lord Cliarles the fecond, late king of f rr^/^n//, Ifc. bearing date at Weftminfter 2yi day ofOdolier in the 36th year of his reign^ the fame rnalierand keepers or wardens and commonalty of the myftery or art of ftationers of the aty of LorJon herein court produce, tnore fully is manifcft and appears : And the fame maf- terand keepers or wardens and commonalty ot the myflery or art of ftationers of the city oi London in faft fay, that after the makin-r of the letters patent aforefaid, and before the exhibition of this bill, to wit, on the 14th day of May 1694, at London aforefaid in the parifh ofSr. Martin Ludgats in the ward of Farrivgdon IFiihin, they xht {'-AX'S mailer and keepers or wardens and commonalty of the myftery or art of ftationers of the city cf Loudon, being then and there aflcmbled for the good go- vernment of the faid freemen of the art or mvftery aforefaid, andof thccommonalry aforefaid and their fuccclTors, did (among The hy-law , • , 1 X • • ■ !• . made en -whica Other th:n-s) make and orcain a certain ordinance not repugnant ^^.^^ ^^^-^^^ -^ or contrary to the lav/s of this V\^^(^i\on\ oi England, nor in any brought, wav tending to the prejudice of the republick of England, to wit, that the maftcr, wardens and afiiftants ofthefaid company or the major part cf them, in a court ©f afiiftants to be held according to the u!age of the fame company when and as often as it ftiou'd feem to them expedient, mould elefl and admit fuch member and members of the faid company into the li- Very or cloathing of the faid company as they fliould think fir, and that the perfon fo eU£led, upon his admiflion into the livery or cloathing, fliould pay to the faid mafter and keepers or war- dens and commonalty of the myftery or art of ftationers of the citv of London the ufual fiiin of zoK for fiich his or their ad- m ftion thereto ; and if any fuch perfon fo eltd^ed into the livery or cloathing as aforefaid, on notice thereof, fliould not accept thereof, having no reafmable caufe to refufe it, then he fliould pay fo ihe mafter and keepers or wardens and commonalty of the myfticry or art of ftationers of the city of London for fuch his refufal the fum of 40/. of lawful money oi England ; which The confirma- faid or.'er fo as aforefaid made afterwards, to v/u, on the 31ft tion of it, day n( May 1694, at London aforefaid in the parifli and uard aforefaid, at the requeft of the faid mafter and keepers or war- dens and commonalty of the myftery or art of ftationers of the c'wy o'i I ondcn, and according to the tenor of a certain iCt of parliament in fuch cafe made ard provided, by the right ho- '9 H. 7. c. 7. nourable 7'^« Sotnmers, knt. lord keeper of the great feal of England, Jo/m Hoit, knt. lord chief iuftice of the faid lord the king and the then lady the queen, rftigncd to hold pleas in the S 2 court r54t Debt r Ki 1 court of the fail'. lorH the king and the then lady the queen b«- *• ->->■' jore the l..id lord the king and rlie li^en lady the queen theni- fvlvcs, and Crego'y Trtby, knt. lord r hiet" ji.llice ot ;hc fnid lortl tht king and tlicn lady the queen of the bench at IVejImiijjler, was icLii, read and examined, and by iheiii ;ipproved ana con- T'le defendant firi'icd : And the fame ni.dler and keepers or wardens and com- airccman. iiionalty of the myft'vTy or art of llationcrs of the city o^ London in fact lay, that the laid Jj/'m atttr the making of the order aforefaid, and bctore the exhibition of this bill, to vvi', on the firll day oi Moy in the year Oi the Lord i6'^5, was and Ironi thence continually afterwards hitherto hath been and yet is a freeman and a member ol the f.;id company of aiafter and keepers or wardens and commonalty of the myftery or art of llationers of the city of London, to wit, at Lond,n aforefaid in the parilli and ward aforetaidi and that after tiie firl^ day of A/rtj; in the year of ih'T Lord lafl. abovcfaid, and before the ex- hibition of this bill, to wit, at a court of ::fiiilants of them the faid mailer and keepers or wardens and commonalty of the myf- tery or art of ftaiiorers of the city of London, held according to the uia2,e of the faid conipany at Stationers-hail \n the pariili and ward aforefaid, on M mioy ihe fifth day of Augujl in the year of the Lord 1695, by J'jhn then mafter, IVilUam Raitltns and Sair.uet Lotvndes then wardens, and Roger Norton^ Eiiijcard Brvefhr, (Sc. then afiiftants of the faid company, be- ing then prefcnr and afl'embled, and being then the major part of the mafter, wardens and aiiiilanis of the company aforefaid, he Elefted into the faid 'fo/in Hunt, then being a freeman and a member of the the livery. company aforefaid, by the fiid mafter, wardens and aflilliants fo as alorcfaid in the court of ailiflants aforefaid afferrbled, thea and there was elected into the iivcry of the company of thent, the faid mafters and keepers or warilens and commonalty of the Huftcrv or art of llationers of the city of London; and altho' he the faid John at'terwards, to wit, on the 5th day of Oclober in the year of the lord lall abovefaid, at London aforefaid in the pariOi and ward aforefaid, had notice as well of the order aforefaid E it remember'd that on the 23d day of Ja- Bill agalnfl the J3 ntinry in this fame term comes here into warden of the court Cjtnelius i'eUiiie by Jia"iages aforefaid, afierwarus, lo wit, on the faid 71 h xr, \hr Flttt on 6.3.voiJu!y in the fitth year » f the reign of (he faid lord the kii g allaitjjcsr/iut. and tlie \~\c.y the late queen, heihe fame <''./. being fo as aforelaid in execution for the dcWt and damages aforefaid, by virtue era writ of the faid loril the king and tne lady ilie late queen of //«- ie^s corpus cu/'i cauff], QUI of iht coun of i\\ii faid lord the king and the ladv the late queen of the bench here dulv ili'uing, and to the faid niarflial of the :\'Uir/fi,ilfe(i of the faid Ibr.i the king and tha lady the I iie queen before the lord the king and the lady the Ia!2 queen thenifelves diri.(5l^d, was brought and had, charged in ex- ecution with the caufe aforefaid belore John f'o-ue/', being then one o. the jufticts ot the faio lord the king and lady the laie queen ofihe bench here, wi.hthe caufe aforelaid, at the parifh ot iir. C/ement Oarie^ in the count v of Midjleftx aforefaid by the mar- shal of the Mfi> /hali'ea 3,ioTx:{^\^ ; and therei.pon the faid M. by tlie faid 'John PozveL', then one (f the jnllices of the faid lord the Icing and the lady the late quten of the bench here as aforefaid, then and there, to wit, on the faid yth day o^ July in the finh year abovefaid at the faid pariili of S:. CUmetil Danes afcrefaid was duly coiuiiiitted to the cullody of the faid 'Thomas Fox, then and yet warden of the Drifon of the Fleei afcatfaid, charged in execution for the debt and damages aforefaid, as by the record a;id proceedings thereof in the fame court of the faid lord the king of the bench here remaining more fully appears: By virtue of which faid commitment the faid Thomas tox, then being warden of the prifon of the f/fi/ aforefaid, the faid M. in bis cuftody in execution for the debt and damages aforefaid then and there had and detained^ and the faid Thomas, Fox, warden of the prifon of the F/ret then and yet being afterwards, to wit, on the 23d day of A'o^eml'tr in the fixth year of the reign of the faid lord the king and the lady the late queen, at the pariih of St. Clttj^ent Duties Suffered tlie aforefaid, the premifks well knowing, not regarding the duty of pariy tocfcape. his office, but contriving and frdudulf;nily intending to caufe the faid Cornelius totally to lofe the debt and damages aforefaid, the faid M. out of the cullody of him the faid Tho. Fox, being then and yet warden of the faid pnfon cfthe Fleet aforelaid, and cut of the execution aforefaid, againfi; the will and without the li- cence or knowledge (f the faid C^r«f//«f, the fame Cornelius o£ the debt and damages aforefaid, or of any part thereof, being rot faiisfied, at large where he would then and there p^ermitted 10 go and efcape ; whereby an adion accrued to the fame Cornelius lo demand and to have of the faid Thomas Fox the faid 151/. ^f, Neverthelefs the faid Th-jnias Fox ihc faiii i 5 1/. 3^. to the faid Cornelius hath not yet paid, but hath hitherto altogether denied to pay him the fame : whereby he lays that he is f rejudiced, and hath damage to the value cf 20/. And therefore he prays remedy Iffc. Fledges to profecute /. D. and R. R. r^ . And the faid Thomas Fox \n his proper perfon comes and ce- Demnrrer to ^ , , r 1 • • 1 ci a . ,- . 1 i i the bill fends the force and injury when, iSc. And iays tnat the decla- SaJk. 753. radon Debt, J 157 7tion aforefaid, and the matter in the fame contained, are not Sufficient in law for the faid Corr.elius to maintain his aftion afore- said agarnft the faid Thomas had, and that he the faid 1 homa'' Fox to that declaration in inanner and form aforcfaid made hatli no nectflltv, nor is by the law of the lanJ obliged in any manner to anfwer : And this he is ready to verify : Whertfure for want of a fufiicient declaration the fame TZ/ow/jj prays judgment, and that the faid Cornelius may be precluded from his aftion alorefaid againft the faid Thomas had, 'iSc. r ,^8 1 And the f^id Cornelius, for that he hath above declared fuffi- joinJcrin dt- cient matter in law in his declaration aforefaid to maintain his ac- murrer. tion againft the f^id Thomas had, whicli he is ready to verify, Salk. 753. ■which faid matter the faid Thomas doth not deny, nor any way anfwer to it, but doth wholly refufe to admit that averment, as be- fore, pravs judgment and his debt aforefaid, together with his da- nnges bv rtafon of the detention of that debf, to be adjudged to him, Ifc. And becaufe the juftices here wiil advife ihenifelves of and upon the premifTes bctore they give judgment thereon, day js given to the parties aforefaid here until ll'ednefJay next after fifteen days of Eajler to hear their judgment thereon, becaufe the fame juft'ces here thereof not yer, Ifc. On wdiich day here comts as wpll the faid Comeliushy his attorney aforefaid, as the faid Thomas in his proper perfon ; and hereupon the premiflos being feen, and by the jufliccs here more fully underload, ic feems to the fame juftices here, thi^t the declaration and the mat- ter in the fame contained are fifficient in law for the fitid Cot— velius to maintain his aflion aforefaid againft the faid Thomas had, as the faid Cornelius hath above alledged : 1 herefore it is con- . fuleri-i, that the faid CorneAwj recover againft the faid Thomas jj^'g plaintiff, his deb: aforefaid, ^nd his damages by reafon of the detention of I hat debt to 1005. to the fame Cornelius with his aflent by the tourt here a 'judged: And the faid Thomas in mercy, i^c. » AJhton and Sherman. Hill. 8 V/, 3. Roll. 698. London, to wit. "Kllcholns A/}iion complains of Tis/z/r Shernian, ,. . .»• ^ JLv 1 ni 1 ■ • • ■ -n • r Utciaration gent, and M.try his wile, adininiitratrix of againft huftind all and fingular the goods and chattels, rights and credits which and wife admi- belongtd to IVtliinm f/VA/ lately (leceafed, who as it is faid died niftratiix on a inteftate, otherv.ife lately called IViHiam FieLl avzen and mtr- |. P^^"*' P^y* chant-tavlor of London, being in the cuftody of the marftial of jimcs. th^ Mm/hiilfea of the lord the king before the king himfelf, in a plea that they render to him 30/. of lawful money of F.nglanr/ which they unjuftly detain from him, for this, to wit, that whf-reas the lai i IVilliam Field in his life-time, to wit, on the 2Q'h day of September in the year of the Lord 1694, at Lon- don aforjfaid, to wit, in the parifh of St. Mary-le-hoix) in the ward of Cheiipf by his certain bill obligatory fealed vyiih il«e fcal i^S Debt. feal of the fald WiUiam in his liie-time, and to the court of the faid lord the iiov/ king Iieic fliown, the date whereof is the lame day ar><1 year, acknowledged liiniltlt to be indebted to the fame Ni'chola. in the fiim of i 5 /. 10 ^ 6//. of lawful money of Eng' lunciy to be paid to the fame Nicholus, his executors, adminif- tra ;or» or afli/ns in manner fullowing, to wii, the fum of 5/. pa t liiereof on the 26th day ot Oeljher t'leu next following the dale of the bill obiigitory aibrt-faid, and tht: funi of 5 /. other pare thereof on the 29 h day of No-jtrnber then next enfuing, and li.e ium of 5 / io s. 6 J- the rcfidue in full thereof on the 24tli i\,iV oi December then next toUovving the date of the bill obligatory aforcfaid ; and for the true payment thereof the faid fVilliain Field bound hiiiifflf, his heirs, executors and aduiinif- irators, in the faid fum of 30 /. firmly by the faid bill : And the faid Nicholi-4s\n Ut\ fays, thut the faid V/itliam Field in his life- time, or the faid Jjkn and M.ny after the death of the faid IVilliinn, did not pay, nor did cither of them pay, to the faid l^icliolas on the faid 29th day of Odoher in the bill aforefaid above fpecified, the faid fum of 5 /. which they ought to have paiii to him on the fame day, according to the form ?nd effeft of the bill obligatory aforefaid j whereby an aflion accrued to the faid Nicholas to demand and have of the faid WiUiam in his liFe-tiine, and of the faid John and Mary after the death of the faiJ IVilliam, the faid 30/. Neverthelefs the faid IVilliuni, al- though often required, l^c- have not yet paid, nor hath either of them paid the faid 30 /. to the hn\Q i^icholas, but the faid John and iMary do yet refufe to pay the faid hlichdas, and un- juftly detain the fame, to th» damage of the faid Nicholas 20/. And therefore he producer the fuit, ^c. The dtfen- And the fiid John and Mary, ^c. and fay that the faid AV- dants pkad a cholas ought not to have or maintain his aftion aforefaid thereof ju.fgmenc againfl; them, bccaufe they fay, that the faid IV. F. in his life- un.t 'laT ^'■"^' f" ^'f' «" ^^^ "^^^ ''^y ^'^ 7"'-'' '" ^^^ ^''''' y^""" °^ ^^^ ^Mutliu!^ in reign of the lord the now king and of the Isdy Mary the late queen C; B. at London to wit, in the pariili and v^ard aforefaid. borrowed of one Robert H'nring, gent. 100/. to be paid to the faid Robert when he lliould be thereto required ; wherefore the faid Robert for the recovery of his debt aforefaid, to wit, in Michaelmas term in the fifth year of the reign of the faid lord the king and of the lady the late queen abovefaid, in the court of the faid lord the king and of the lady the late queen of the bench, at IVijhnin/ler in the conwiy oi Middlej\x,\n\'^\&3iL\Qd the;faicl li^. F. in his life-time in a plea of debt for the faid 100/. in which faid plea it was in fuch manner proceeded in the fame court of the faid lord the now king and of the lady the late queen of the bench, that the faid Robert in the faid Michaelmas term in the l' ^59 ] 5'h year abovefaid by the judgment of the fame court re- covered againft the faid IV. F. in his life-time as well the faid debt of too/, as 10s. for his damages v/hich he had by reafon •I the detention of that dvbr, to the lame Robert with his afient by Debt. the faid court of the lord the now king and the faid late lady the queen of ihe bench adjudged, as by the record and proceedings thereof remaining in the court of the lord the now king at I'VeJt- mirjier aforefaid more fully is manifeft an.l appears : And the faid John and Mary farther jfiy, that the laid U^. F, in his life- tirlie, to v.'it, on the 20th day of March in the 4th year of the reign of the faid lord the now kin^ and of the lady Mury the late ^ueen of EnglaruJ, at Lon.'on aforefaid in the pari/h and v/ard atorefaid, by his certain writing obligatory acknowledged hiir.fcif to be bound to one Gilbert Eaji in lool. to be paid lu the f.iuo Gilhsit when he ihould be thereunto required, and thai afterthe death of the faid !V. F. the faid debt of : 00/. not being paid or fatisfied, the faid G for the recovery cf hi-^^ clebt aforefaid sfter the death of the faid /F. F. to v/it, in Michaehnns term in the 6th year of the reign of ih*; faid lord the i;ow king and of the ladj' Ah.ry the iatc queen, in the faid court of the faid lord the now kir.g and of the iady the late queen of the bench at ll'ejhninJUr aforefaid, impleaded them the faid J. and M. as adminillratrix of the goo.'s and chattels of the faid V/. F in a pi. a of debt for ihi faid too/- of and upon the writing obligatory aforefaid, in which lai>1 plea it was in fuch manner proceeded, that the faia G. in the lame Michathias term in the 6th year atx-vefaii^, by the judg- ment of the f.iid court of the faid lord the now king and of the lady Ma^y the late queen, did recover againli the faid J. and M, the faid debt of lop/ and his damages by reafon of the detention of that debt to 40.? to the fameG. with his afitnt by the faid court a.:ju 'ged, to be levied en the goods and chattels which were of the laid V/. F. at the time of iris death in the hands of the faid "J, and M. to be adminiftered, if they had fo much thereof in their hands to be adminillered ; and if they had not fo much in their hands to be adminiflered, then the damages aibrtfaid to be levied on the proper goods and cliatitls of them the faid J. and M. as by the record and proceedings in the faid court of the lord the now king of the bench at [Vejhn in /ier re mn.\n\ng more fully is manifeft and appc^.rs; And the iaid J. and M. farther fay, that they have fully adminiftered all the go(Hls and chattels which belonged to the faid IV. F. at the time of his death in their hands to be ad- niinillercd, and that they have not, nor had on the day of the exhi- bition of the bill of the faid A', or ever after, any goods or chattels which belonged to the faid IV. F. at the time of his death in their hands to be adminiftert'd, except goods and chattels to the value of 10/. which are not fuflicient to fatisfy the fevcral judgments in form aforelaid given, and which to the execution and fatisfaftion thereof are bound and charged ; with this, that the faid 7- .and fd. will verity, that the faid ieveral debts in the faid feveral judg- ments as aforelaid recovered were and yet are true and jufl. debts iuul not paid, and that the feveral judgments aforefaid are in their full lorce and ftrength, not revcrfed, annulled or fatisfied; and that the faid IV. F. and the faine J. and M. in their fevcral judg- liients aforefaid refpctlivcly named, apd the faid tV. F. and the fame. »59 Judgment »- gainft tucm om. a bone given by the intcl- tate. Fullyidmlnlf- tercd except 10/. Averment. 159 I ^^^^- f.gm:nt, that 2"*^' ^^- his wife above in pleading alledged ought not to be pre- thc.-c was but ciuded fiom his ;.(Stion atbrcfaid niereof againft tl-iem had, becaufe 30/. Jucwiiich as to ihe faid judgment r.gair.il the faid 7- and M- by the faid G. '*^7^*!^ ''h"'* /'-.as atorcfaid obtained, in the piea Jforefaid mentioned, the \■^^,~■^^, r.n fime A', fsvs that 10.'. only and no more of the money aforefaiJ ««oi b» fraud. ^^y the faid G". E. agaiuft the faid J. and .W. in form afortfaid- re- covered v/ere juflly and really due, and that after the rendering of tiie f.^id judgment, to wit, on the ift day of March in the ytn yerir of the reign of the faid lord the now king, at the parliTi and ward aforelai*. , the faid J. M. puid to the fame G. E. the faid 30/ in full fatisfact'.on and difcharge of that judgment ; and the: fame G. the fame 30/. of the faid J. and M. in full fatisfadtioa and difcharge of that judgment and of the whole money thereby recovered then and there received and accepted: Neverthelefs the faid J. and M. have hitherto permitted the judgment by the laid G. fo as aforcfaid obtained againfl. them to be and remain in its full force and ilrcngth frauduL^ntly and deceitfully, and with an intent to defraud and deceive him the faid A'', of his debt afore- faid, to wit, at the parifli and ward aforefaid : And this he is ready to verify : Wherefore he prays judgment and his debt aforefaid, together with his damages by reafon 0* the detention of Thf like repli- that debt, to be adjudged to him, ^r. And as to the judgment oiion to the afjrcfiid by the faid RJfert ffming againft the faid IV. F. ^s •thtijudgmcnt. r^((^JgC^\^\ obtained, in the plea aforefaid above mentioned, the fame A', fays, that 2^/ only and no more of the money aforefaid by the faid R. IV. againft the faid IV. F. in form aforefaid recover- ed were juftiy and really due to the fame R. at the time of the rendoipg ofthai judgment, and that from the time of the ren- dering of thai judgment hitherto the faid R. IV. was ?.l ways ready and yet is ready to receive and accept of the fame J. and M. the fuid 28/. in full fntisfaftion and difcharge of the judgment laft mentioned and of the whole money thereby recovered, to wit, f ]6o 1 at the p^rifii and ward aforefaid : Neverthelefs the faid y. and M. the payment of the faid 2SI. to the fame R. IV. hiiherto deceit- fully have deferred, and hsve fuffered the judgment laft men- tioned to be and remain in is fidl force and ftrength, with an intent to defraud and deceive the faid A', of his debt aforela'.d, to wit at the piirilli and ward aforefaid : And this he is ready to verify : Wherefore he prays judgment and his debt atorelaid, together with his damages by reafon of the detention of that debt , ^ to b • adjudge;' to liiin, l^c. And the fuid Nicholas farther fays, I Jle^fTrtt fuf. that the faid J. and M. on the day of the exhibition of the bill i^cM, &e' of Debf. 1 60 of the faid A^. had divers goods and chattels which belonged to the laid iV. F. at the time of his death in their hands to be ad- miniftereJ to the value of the debt of the faid N. above demand- ed, befidcs goods and chnttels ftfiKient to fatisfy the faid G. E, his debt and damages aforefaid agiinft the f.iid "j. S. and M. his wife, as aforefaid recovered, and aifo the 2.8 /, to the faid R. H^. as aforefaid due, ^'herewith they might f ;tisfy the fame ;V. his debt aforefaid, to wit, at the parifh and ward aforefaid : And this he prays may be inquired of by the country, l^c. And the faid J. and M. fay, that the plea nforefaid by the faid Dcmarrrcr. N. in manner ar\d form aforefaid above in replying pleaded, and the matter in the fame contained, are not fuflicient in law ior the faid /V. to maintain his aclion aforefaid thereof againft the faid J. and A/, had, and that they to that plea in manner and form aforefaid pleaded have no neccflity, nor are by the law of the land obliged in any manner to anfwer : And this they are ready to verify ; wherefore tor want of a fufficient replication of the faid jV. in this behalf the fame J. and M. pray judgment, and that the faid N. may be piecluded from his aftion aforefaid thereof againft them the laid J. and M. had, i^c. And for caufei of de- The ciufes. murrer in law, according to the form of the ftatute in fuch cafe 27 El>c. 5. made and provided, the fame J. and M. do fet down and to 4 ^' <=• 16. the court here exprefs the caules following, to wit, Becaufe the replication aforefaid is double, and becaufe there are feveral con- clufions, and the faid M pravs judgment twice where he ought only to have prayed judgment once, and becaufe the faid A', hath concluded ill to the country, where he ought not. Ed'w. Nor they. Nic. Hooper. And the faid A^. fays, that the plea aforefaid by the faid A^. in joinder, banner and form aforefaid above in replying pleaded, and the matter in the fame contained, ^re good and fufhcient in law for the faid N. to maintain his r.flion aforefaid thereof againil the faid J. and M. had ; which faid plea, and the matter in the fame contained, he the lame N. is ready to verify an i prove, as the court, Iffc. And becaufe the fa'.l J. and M. do not anfwer to that plea, nor hitherto in any v/ife deny it, he the faid N. as before prays judgment and his debt a!brefaid, together with his damages by reafon of the detention of that debt, to be adjudged to him, l^c. But b?caufe the court of the f.ord the now king here are not yet advifed to give their judgment of and upon the premifics, a day is therefore given to the parties aforefaid before the lord the king at IVeJlmirtJier unti(J day next after to hear their judgment of and upon thofe premifics, becaufe the tourt of the lord the king now here thereof not yet, l^c Hacytt iGot Debt ■Renlitfttion. On ricovriy a^ainrt the Tvaulrn of the r.Wf in »!cbt lor an ricape, ■which was ?ffirmed on a wii: cf error. I l6l ] The bill exhi- biteri againft tlie warden. The recovery againfl: the pri- fofier in the kind's bench. Hackett againft filly. AND tiiefaKl Andreiv Harketthj^, that he by r.ny tiling trjr the faiJ Jo'">n above in p'eailing allclged ought not to be pre; luded from his aftion aforefaid thereof ngainfl; him the- (aid Jo'm had, becaufe he fays, that ihf ("aid Thomas Fox in his life- time, to wit, at the time of the making of the writing obligatory afort'faid, as alfo on the firft day of April'in the yth year of the reign of the lord IFilliam the third, late king ot England, ^c. and before, was war^len of the prifon of the faid late king of the Flee!, to wU, at Lotidon afortfaid in the parifli of St. Mary-le-hoiu in the ward oi Cheap .- And the faid JohnTilly for all the time abovefaid, to wit, on and before the I'iid firlt day of Jf>ril, as alfo at the time of the making of the writing obligatory aforcfaid, •was a fervant haring and excrcifing the care anu cuftody of the faid prifon, and of the prifoners thereto committed under the faid Thomas Fox, to wit, at the parifli and ward aforefaid ; and that while the (aid Thomas was lb warden of the faid pri(bn, and the faid John had and exercifed the care and cuftody of the faid prifon and of the prifoners thereto committed as aforcfaid, and lately before the making of the faid writing obligatory, to wit, the fame firft day of /^/r// before mentioned, at the pariili and ward aforefaid, one Francis Hynde, gent, was a prifoncr in the faid prifon of the Fleet in e::ecution at the fuit of one Andrenjii Hachlty knt. for a certain debt of looo/. and 465. for damages, and out of the faid prifon, without the licence and againft ihe will of the faid Thomas Fox, and with the licence and permiflion of the faid John Tilly, did go and make an efcane, the fame Andretv being then not faiisfied his debt and damages aforefaid, whereof the faid John at and before the time of the making of the fame writing had notice, to wit, at LonJon aforefaid in the pariHi and ward aforefaid ; an i the faid Thomas being fo as afore- laid warden of the fiid prifon, the fame Andreiv Hackett, knt. before the making of the writing obligatory aforefaid, to wit, on the I 2th day oi April in Eajler term in the 7th year of the rt-ign of the faid late king, came into the court of the fame late king hdoTQ GeorgeTrehy, knt. and his companions, juflices of the faid late king of the bench at Wejlminjlcr, by HemyCUft then his at- torney, and then exhibited to the fame juflices his certain bill againft the faid Thomas Fox, warden of the prifon of the faid late king of the Fleet, then preR'nt in the fame court in his proper perlbn.in a plea of debt, by which faid bill the fame Andrcvj then complained, that the faid 7'/i'ow<2J' unjuftly detained and did rot render to the fame Andreiv 1002 /• 6 s. which he owed him, for this, to wit, that whereas the fame Andreiv olherwife, to wit, in Eapr term in the 5th year of the reign of the faid late king and the lady Mary the late queen, in the court of the faid late king and queen before the late king and queen themfelves, the fame court then being at Wefimirjier in the county of Middle/ex, by bill. Debt. l6t bill, without the writ of the fan:e late king and queen, and hj the judgment of the Uoie court had recovered againft the faid Frar.cis Hinde, gent, as well a certnin oebt of looo/. as 46 j. which were adjudged to the fame Ant'retJb in the faiu co'jrt for his damages which he had fuftained as well by reafon of the de- tention of that debt as for hi-; colls and charges by hiin about his fuit in that behalf expended, whert-of the faid Fronds was con- ■vi(5led ; and the fame Francis Hynde afterwards, to Vv it, on Monday next after the morrow of the a!cenfion of the Lord in the 6ih year of the reign of the faid late king and queen, being then prefenc in his proper perfon in the fame court of the faid late king and queen before the faid late king and queen thenifelves, at Wejiminjler\n the county of Middlejex aforefaid, at the petition The c^rftmit- of the laid Annreixi was by the fame court of the faid late king "^«"' to the and queen before the late king and queen them^'cilves there com- ^*J ^ '° "'^'* Biitted to the cuftody of the marflial of the May/halfca of the faid late king and queen before the late king and queen themfelves in execution for the debt and damages aforefaid, at the fuit of the faid JndreiVy there to remain until, ^c. as by the record and proceedings as well of the judgment aforefaid, as of the faid com- mitment in execution in the faid court of the faid late king be- fore the faid late king himfelf at Wejlminiler aforefaid remain- ing, more fully did appear : By virtue of which faid commirment the faid marfhalof the Marjhalfea aforefaid the fame Francis into his cuftody then and there had received and him in execution for the debt and damages aforefaid had and detained ; and the faid Francis fo being in the cuRody of the marjlial of the Mnr/hdfea aforeffiid in execution for the debt and damages aforefaid in form aforefai.l, afterwards, to wit, on the 24th day of May in the 6th year abovefaid, the faid Francis came in his proper perfon under the cuftody of the faid marfhal of the M,ir/hcdfen aforefaid, be- fore John Puzvell, knt. then one of the juftices of the faid late kin? and queen of the bench, at his chambers fr.uate in Chancery-lane , ilo;7(/on, being brought by virtue c{ & vjy'w. Oi Habeas corpus: iflu- Halcts carpus. ing out of the court of the faii' late king and queen of the bench at IVejiminJler directed to the faid marfhal ; and the fame marflial, to wit, William Bri^^gs, then returned to the fame juftice (among other things) that the faid Francis Hynde was charged in execu- tion at the fuit of the faid Andrciv for the faid 1000/. debt and 461. for damages fo as aforefaid recovered, the body of which faid Francis he then and there had ready before the faid juftice according to the tenor of the writ aforefaid, upon which the faid Francis Hynde was then and there committed by the fame juftice to the faid prifon of the faid late king and queen of the Fleet in Turned over to execution for the debt and damages aforefaid (among other the wardea ot things,) there to remain until, Ifjc. wiiich laid - ■ mmitment the ^hc Fltct, fame jiiftice afterwards, to wit, on the Sth day o^Junt in Trinity term in the 6th year abovefaid, delivered with his own proper kands into the fame court of the bench to be inrolled on record, and i6i I Debt, and the fame commitment is in the faiJ court inrolIeJ on record, as bv the record ot th»; laid writ and the return thereof, and the coiiHuitiiient in execution lall meniioned in the lame court of the b'.nch aior-.faid at M''e/imi'i/fer atorefaid remaining, did more fully and manifetlly then appear : By virtue of which Tiid commit- ment the faid Thomas Fox b.ing warden of ihe fai^l pr!:o!i of the Fleet aforefaid, on the z\\\\ day of M,iy in the 6th year abovefaid, the fai I Friincts Hinde into his cuftody tlten and tiiere, lo wit, before the faid juflice at his chambers aforefaid fitiiate in S-rjeanli /'m atorefaid, hud taken, and the faid Ftancis tlinJe immr-diate- ly unto and into the faid prifon of the Fleft then bting at London, 10 wit, in the parih of St. Bridget, otherwil'e Brides, in the ward ci Furringdjti IFithout, had carried and put, and the t'nme Fran- cis in that prifon inex'-cution for the debt and dania'-es aforefaivl then and there had had and detained ; and tlie fail! Fmricis being lo detained in thecultody of the faid Fho7>uis as aforefaid in exe- cution tor the debt and damages aforefaid i > form aforefaid, the faid '7/7a/W/7j aftervarJ;;, to wit, on the firft <^ny of y^/r// in the who perrnitted yth year of the rei^n of the faid late lord king WiUiam the third, him to eicape; beina then as aforefaid warden of the faid prifon of the faid lord the king of the Fleet, freely and voluntarily permiiied the _ ^ , laid Francis Hinde oil cf that prifon and out of his cuftody to •• ■' efcape and go at large where he wouKl, to wit, at London afore- faid in the pariili and ward aforefaid, the fame Ar.drew being then not fatisfied the debt and damages aforefaid or any parcel ^'^-rue7 °" thereof; wher.-by any aftion had accrued to the fame .^« Vf-iw to demand and have of the faid Tfi;mas the faid looz /. 6 s. Neverthelefs the i"aid 'Thomas, although he had been often &' re- quired, h-id not then before rendered the faid icozLGs. to the laid Andreiv, but had then alt-gcther denied, and did then deny to render him the fame, whereby the fame Andrerv then faid that Remedy pray- he hid been prejudiced, and haci damage to the value of 500/. ed. And therefore he then prayed remedy, b^c. v/ith this, that the fame An Irexv would then verify, that the judgment aforefaid did then remain in its full force and vigour, not revoked, reverfed, nnnuile i, vacated or fatisfied, l^c. and did then find pledges to Pledges. profecute, to wit, John Doe and Richard Roe .- Upon which faid bill firft mentioned in the fame court of the faid late king before the: faid jutiices of the faid late king of the bench at I^Fellminfitr, it was m fuch manner proceeded, that afterwards, to wit, in the fame Eafier term in the 7th year of the reign of the fnid late king Tudement for abovefaid, the fiid And,erv //iifAv// did by t/.e confideraiion of the plaintiff. the fame court recover againft tht faid Thomas Fox the faid debt of 1002/. 6 s. and his damages by rcafon of the detention of that debt to 80 j. by the lame court of the faid late king to the fame Andreiu adjudged ; And that the faid Thomas fliould be in mercy, i^c. And the fame Jndre^v farther fays, that after the judgment aforefaid in fortu aforefaid given, and after the makinj of the wriiing obligatory aforefaid, to wit, on the i^ih day 0^ May Debt. In the jih yfar of the reign of the fnid late Icirg, the faid Thomas Fox by the advice and at the requeft of the faid John Tilly, ior thereverlal of the judgment aforcfHid, profecuted out of the coTIrt of chancery of the faid late king; the fams court being then here at Weftminjier in the cQianty of MidJlefex, a certain wr.t of the faid late king to correct error in the record and proceeGing*: and in the rendering of that judgment, dirtfted to Gco>ge Irehy, knt. then chief jullice of the (aid late king of the bench, by wh;ch faid writ ihe faid kite king commanded his faid chief juftice, that jfjudgment uas thereon given then he flT^uld ditlinftly and open- ly fend the record and proceedings of the plea aforeiaid witli all things touching the fame to the faid late king under his feal, and that writ, (n that the faid late king might have them from the^ day of the Wo\y Trir.ity'xn three weeks then next following where- ever he lliould then be in ErghinJ, that thereccrd and proceed- ings aforefaid being infpe{led, he might farther caufe to be done therein to correfl that error what of right and according to the law and cuftcm of this kingdom o'i Knghind was- to be done : By virtue of which faid writ of error afiervi'ard?, to wit, on the day of the return of the writ aforefaid, the record and proceedings of the plea aforefaid with all things touchiiig the fame, into the court of the faid late king before the late king himfelf, the fame court thtn being at Wefiminfler in the county of MlJdlejex afore- faid, were duly fent and removed : Wheteupon it was in fnch manner proceeded upon the faid writ of error in the faid court of the faid late king before the faid late king himfelf, that after- wards, to wit.in hnJJer term in the 8ih year of the reign of the faid late king, it was confidered by the fame court of the faid late king before the faid late king himfelf, that the judgment aforefaid fhould fland in its full force and eff;6l, and that the judgment atorefaid fliould be in all things affirmed, as by the record and proceedings of the judgment aforefaid in the court of the faid lady the now queen before the queen hcrfelf at IFeJlmiTiJler aforefaid remaining more fully appear"; ; which faid judgments do yet re- main in their full force and tlT^d, not reverfcd, annulled or fatif- fied: Anil the fame Ar.dieiu farther fays, that the faid 'Thomas iij his ]ifc-t:me, to v/ir, within the fpace of (wo years next after the date of the writing obligaicry aforefaid, and a little while after the making of the fame, to wit, on the i\^ day of Mvy in the year of the Lord 1695 abovcfaid, at london aforefaid in the pa- ri/h of Sf. Mnry-le-hovo in the wa?d (S Cht-np aforeiaid, gave notice to the fame John T/Z/y ofthe faid adlion fo as aforefaid profecutid by the faid /Ird/eiv Hackett againft the fa\i Thomas, and required »he fame yu-^w to keep the laid T/'^/w.-j indenmifi;;d therefrom: Nevcrrhelefs the faid John Idly, within the fpace of two years rext enfuingfhe date of the laid v/riting obligatory, or ar any time afi^r in the life-time of the faid Thomns^ hath not faved liOrmlefs nor kept indemnified him the faid 1 hcmns Fox from the faid aftion fo as aforefaid profecuted agninf^ the faid Thomas by tie faid Andrtiv Iltukcil, Lnt. And ih.is lie is ready to verify : T '1 here- 162 A writ of error thcrcoQ. Judgment af- Notice Hath rot In- deranifxcki, QSo i6zl Debt. Wherefore he prays juilgment ami his debt afcefaid, together with his damages by realbn of the detention of that debt, to be adjudged lo him, tifc. L. Agar, 7ho. Fengelly. J- j5 , 1 Pr'tfe and his ivife againft James. D.-bt by an ex- Mi./d\ to wit. n^/hmas Arden Prifc, bart. and Elizabeth his eciitrix for rent -^ wife, exccutrix of the laft will and tellament ^'^.1!'"?/^"" of lohnDenham, knicrht of the /-W?. her late father deceafed, death ot tella- J . . ^ --r , -r ^ i i •/- i i n . «• / c* tor. ccnipla'.n or ^onn Juniesy knt. otherwiie lately called John James of Scotland- yard in the countv of Middle/ex, efq; in the cutliody of the marlhrl, fjfc. in a plea that he render to them 30/. of lawful money of England which he unjuftly detains from them, for this, to wit, that whereas the faid John Detiham'm his life- Lcafc. time, to wit, on the lath day of Noi.emher in the 19th year of the reign of the lord Charles the fecond, now king oi England, &'c. at the pariili of St. Martin in the fields in the county of Middlefex aforefaid, by his certain indtnture made between him the faid John Denhat?i, by the name of the honourable John Den- ham, knight of the ^<7//^ of the one part, and the (axA John James aforefaid, by the name o{' John James of Scofland-yaid In the county of Middlefex, efq: of the other part, which other part fealed with the feal of the faid John James the fame Thomas and Elizabeth here in court produce, the date w'hcreof is the fame Prcmlffcs. day and year abovefaid, had demifed, granted and to farm-let unto the faid John James all thofc chambers, cellars, clofets, kitchen, coal-houfe, coach-houfe, acre or piece ot land, and other rooms of the faid Jjhn Denham then in the occupation of the faid John James and fituate and being in Scotland-yard s.fore~ faid near IVhitehall in the pariHi of St. Martin in the fields afore- faid in the county of Middlefex aforefaid, with all ways, pnflages, lights, eafements and appurtenances to the faid premiiTcs belong- HaietfJum. '"g ' To have and to hold the faid demifed premifT-S with the appurtenances to the fai.i John James, his executors, adminiftra- tors and aflij^ns, from ihetealt-day of St. Michael the archangel then lafi pal} unto the full end and term of 30 years from thence next enfuing and fully to be compleat and ended ; Yielding and paying therefore during the two firft years and three quarters of a year of the fait! term of thirty vears to the faid John Denham, his execu'ors, adminiftraiors and affi^^ns, the yearly rent of a pep- per-corn, at the fea't of Sr. Michael xht archangel, if the fame Reddendum. fhouKi be legally demanded ; And alfo yielding and pnving to the faid John Denham, his executors, adminiftrators or afTigns, dur- ing all the refidue of the (aid term of 30 year?, the yearly rent of 60/. of lawful money of Evglnnd on the feaft of St. Michail the archangel, the birth of <'Ur Lord God, the annunciation of the bitfled virgin Mary, and the nativity of St. John the bapiift, as by Debt. 163 bv the fn-idirn^cntiire among other things more fully appears ;By The defendant viriue of which laid ilemife the fame Ja/m J^wf^ afterwards, to entered. •vt'it, on the firfl; day of JatiUD^y in the icth year abovefaid into the premifTes aforeiaid with the appurtenances entered, and was and yet is thereof poirefTe- '. ; and the faid Jo'm Dtnhnm afterwards, to wit, on the i nh day of March in the year of the Lord 1668, The leflor > --I r n r ■ • I r i i ,• f • \ ■ 1 c made his will 3n the panlh of br. Martin tn the pelds atoretaid in the county ot ^^^^^ piiintitF MiddleJ'X afort-faid, made his lall will and teftament in wriiing, EUzobeth t^it" and by the fame conrtiiuted and ordained the faid Elizabeth lole cutrix. executrix thereof, and afterwards, to wit, on the firll: day of May in the year of the Lord 1670, at the parilli of St. Martin in ihe^e/ds ^(ort(-\\d in the countv of MiddLfex aforefaid died, after the death of v;hich faid John Denham fiie the faid Eli-zahetk took upon herfe''' the burden of the execution of the faid will, and afterwards, li ^it, on the 9th day of May in the year of the Lord laft abovefaid. at the parilli of Sr. Martin in the fields aforefaid in the county of Middlefex aforefaid, the fame will in due form of law proved ; and afttrwar.is, to wit, on the firll day The marriage of Afrtjr in the 29th year of the reign of the faid lord the now of the exccu- king, at the pariili of St. Martin in the fields aforefaid in the "■'^• county of Middlefex aforefaid, took to hufomd the faid Thomas, and 30/. for the rent of the premiflls aforefaid for half a year ended at the feaft of the nativity of St. John tlie baprift laft part, to the fame Thomas and Elizabeth after the death of the faid John Dtnham, and after the efpoufals between the lame Thomas,, and Elizabeth celebrated, were in arrcar, and yet are in arrear and unpaid : whereby an adlion accrued to the fame Thomas and Elizabeth to demand and have of the faid John James the faid 30 /. Neverthelefs the fiid J'jhn James, altho often required, Cfff. the faid 30/. to the fame Thomas and Elizabeth, or either Brea-«h.^ of them, hath not vet paid, but hath altogether denied, and yet doth deny to pay them, and unjuiHv detains the fame, to the damage of the faid Thomas ant:'. F/izaleih Sol. And therefore they produce the fuit, ^jfc. And the fame Thomas Arden Prife and Elizabeth produce here in courr the letters tellamentary of the faid J-)hn Denharn, whercbv it fufSciently appears to the court here that Hie the faid Elizabeth is executrix of the will aforefaid, He. Smiih a gain ft Povey. [ 164 ] AND l!te f.iiil Jufas by G(d>nel Leach ]v% attorney command Plea, defends the force and injury when, ijfc. And fays t'nat the laid J'jhn ought iwt to have or maintain his aftion aforeiaid jliereof againd him, btcaufe as to the faid \-i,l. in the declara- tion aforefaid firft mentioned, part of ih5 faid 26/. and as to To parf, not f^l.i^t.i)d. of the faid I 3 /. in the (aid declaration fecond men- indebted- tioned, the rcinaining parr of the faid 26/. tht C:ime Jofit as (ivs '^ ' '^* that he dorh not owe to the faid John Smith ih- fame 1 3 /. or t'ie fame 8 /. 15 J- 'i '/• or any penny thereof : And of this the lame T i J^fi"*^. 364 Debt. fofias puts himfelf on the country : And the fald John thereof likewife : And as to \l. \s. 3^ refidue ot" the faid 13/. in the decl.trarion aforefa'd fecond mentioned (the fame 1 3 /. laft fpe- cifieJ being the tai 1 remaining part of the faid 26/. and Wing the faid rent for the faid lemifed premifles in that declaration fecond fpecifiid) the fame Joftas fays, that wfell and true it is that the faid 4 /. 4 '. 3 ^ of the rent aforcfaid, upon the dcmife aforefaid in tl'.e declaration afnrefaid fecond mentioneil, at the feaft of the birth of our Lord Chrift in the year of the Lord 1701 abovefaid To the refiJaf, v/erc in arrr>ar, and yet arc in arrear : But the fame Jofios farther t<:'^<^<^r. p^y^^ jI^j^j i^g y}^^ (-gi^^g Joftas on the faid feaft of the birth of our S C3. ii4- j^^j. I Q\^j\^ jn ,he yearof the Lord 1701 abovefaid, {or the fpace of halt' an hour next before and until the fetting of the fun of the fame '"eatt ai the faid other houfe in the declaration aforefaid men- tions ! vas ready, and then and there offered to pay to the fnid Jihf^ M>^' faid 4/. 4 J. 3 (A which he ought to have paid to the faid 7;/;n 0(i that fcaft, according to the form and eff<.(5l of the covenant afr>refuid In that behalf in the declaration aforefaid nventi'n.-d ; f.-^u that the faid John, nor any other on that b?half ofthefi'd Js.^w lawfully authorized, was not then and there rea.iy to receive of the fame Jofias the faid 4 /. 4 j. 3 ^. And that the fame Joiuis on the fame feaft-day, and a'vvays after the faid fea!^ of the birr.h cf our L'^rd Chrift in the year 1701 abovefaid hither'o was rea<, by his certain wriiing obligatory foaled with the feal of ihe faid Anthony, and to the court of the now lord the kin'^ here ihewn, the date whereof is the fame day and year, acknowledged himfelf to be held and firmly bound to the faid Dorothy m her life-time in the faid 1400/. to be paid to the fame Dorothy when he fhould be thereto after required : never*. Debt. I iH Tievertheiefs the faid Anthony tae fame 14.00 /. altho' often re- quired, l^c. to the faid Dorothy in her life-iiine, or to the faid John after the death of the faid Dorothy, or to either of them, hath net yet paid, hut the faid Anthony the fame 1400/. to the fame Dorothy iti her life-time, and to the faid John after the death of the faid Dorothy, hath hitherto a'togelher denied to pay, and the fame to the faid John doth yet deny ro pny, to the da- mage of the faid John 20 /. And therefore he produces the fuir, ^c. And the fame J^^in produces here in court the letters cefta- nientary of the faid Dorothy, whereby it fnfficiently appears to the court here that the faid John is executor of the wiil of the laid Dorothy aforefaid, and thereof hath the adminiflration, l^c, Moore againit Rome, London, to wit. J^ Ohert Moore, ^fq; adminiftrator of the goods '^^^^ °" ^"^^ ^^ and chattels, rights and credits, which be- l'f°%'l?' ''y ^'^ longed to Anne Bro'wne, otherwile Dleivton decealed, at the time of her death, who died inteftaie, complains of /^«/»^j;7y Roive o^ the parifh of St. Martin in the fields, otherwife called, \^c. in the cuftody of the marilial, lie. fn a plea that he render to him 1000/. oflawtul money of England which he unjuftly detains from him, for this, to wit, that v/hereas the faid Anthony on the 27th day of Nauember in the 34rh year of the reign of the lord Charles the fecond, late king of E' gland, Ifc. at London aforefaid, to wit, in the parifh of St. Sefulchre in the ward of Farringdon irzV^OH/, by his certain writing obligatory fealed with the feal of [ 165 J the faid Anthony, and to the court of the lord the now king here fliewn, the date whereof is the day and year abovefaid, acknow- ledged himfelf to be held and firmly bound to the faid Anne, by the name of Anne Neivton of London, widov;, in the faid 1000/. to be paid to the faid Anne when he fliould be thereto after re- quired : neverthelcfs the faid Anih:.ny,^\\.\io often required, Uc, the faid 1000 /. to the faid Anne in her life-time, or to the fame Robert after the death of the faid Anne, (to which faid Robert ad- niiniilraiion of the goods and chattels, rights and credits, which belonged to the fame Anne at the time of her death, after the death of the faid Anne, to wit, on the lall day of January in the year of the Lord 1695, by 1. nomas by divine providence archbi- f)7op of Canterbury, primate and metropolitan of all England, to whom the commiifion of that adminiflration did of right belong, was tiuly committed,^) or either of them, hath not yet paid, but til e faid //«Mo;?y the fame looo/. to the faid Anne in her life- time, and to the fame Robert after the death of the faid Anne^ hath hitherto altogether denied to pay, and the faid Anthony doth yet deny to pay them to the fame Robert, to the damage of the laid Robert lOo /. And therefore he produces the fuir, ^c. And the fame Robert produces here in court the letters of adminiflra- tion aforefaid, which the commiflion of the adiuir.iftraiion afore ♦ faid in form aforefaid tcfiify, i^c. T 3 Clar i63 Debt. Debt on bond againft an exe- cutor I'y the lurviving obli- gee. Debt on bend by an executor ot an executor agsinft an ail- ruiniftrator. Claike againft Alton. MiJd\ to wit. ^JOhn Clarke complains of PVilliam Alton a fer- «/ vant to William Hrig^s, ed); being in the cuftody of the marHial uf the- Mu: ffuilfea ot the court of the lord the king before the king liiiiifelt, executor of the lall will an*! tef- tamen; oi li'illiijm /luanh'is late father deceafed, otherwife called JVilliam Alton of the town of Buckingham in the county oi Bucks ^ draper, in a plea that he render to him 600/. of lawful money of /:.w^/rt;;hn IVilfon when he fliould be thereto after required : NevertheK fs the laid Wiiruim Alton the tellator in his Ht'e-lime, and the laid IVilHam Allen the now detendant, after the death of the laid IVilliam .i^//OH the teftator, altho' often required, l^c. the faid 600/. to the fame John Claike and John IVilfon or either of them, in the Ife-time of the faid John IVilfon, or to the fame John Clarke after the death di the faid John IVilfon have not paid, nor hath either of ih.m paid but have retufed to pay them the (?me, and the laid William Alton ibe executor doth yet refufe to pay the fame to the faid John Clarke, to the damage of the fiiid John Clarke 40/. And therefore he produces the luii, i^c. Drury and Dayley againft Monger. London, to wit. ^Ohn Drury and Timothy Daylcy, executors »/ of the laft will and teflainent of Elizuheth Hickey deceafed, whp was execu'rix of the laft will and teftamer.t of Mattheiv Hickey alfo dt-ceafed, complain of Richard Monger, adminiftrator of all and fingular the good and chattels, rights and credits, which belonged to Peter PAonger lately deceafed, otherwife called Ptier Monger .of the parifh of St, Bullolph with- out Aldgate in the county of Middlefex, brewer, in ^the cuftody of (he marfhal, l^c. in a plea that he render to them 200 /. of lawful money of Great Britain which he unjullly detains from them, lf!c. for this, to wit, that whereas the laid Peter Monger in his life-time, to wit, on the azd day of Januaiy in the year, l^c. at l^c. by his certain writing obligatory fealed with the teal of the faid Peter in his life-time, and to the court of the faid lord Debt 1x6$ iord tlie now king here {hewn, the date wliereof is the fame day and year, acknowledged himfelf to be held and firnnly bound to the faid Mattheiv Hickey'xn his life-time in the ("aid 200 1. to be paid to the faid Mutthe-vu, his executors or afligns, when he ihould be thereto after required ; Neverthek-fs the faid Peier Monger in his lite-time, or the faid Richard after the death of the faid Peter, altho' often requirci!, ^f. the faid 200/. to the faid Muithe-Tjo in his lite-time, or to the faid Eliztibeih in her life-time after the death of the faid Mutiheiv, or to the fame Jo/in and Timothy, or either of them, after the death cf the faid Elizabeth, have not paid, but have denied to pay the fame to them, or either of them, and the faid Richard doth yet deny to pay to, and upjuftly detains the fame from, the faid "Jijlm and 'litnothy ; whereby they fay they are proju'iiced, and have da- mage to the value of 20/. And therefore they produce the fuir, l^c. And the fame John and Timothy produce here in court as well the letters teftamentary of the laid Mattheiv aforefaid, whereby it fufficiently appears to the court her that the faid [ 10° J FJizabeth vjz^ executrix of the will of the iaid Mrt/Mf Plea, N<»t ifie deed of the tef- tatcr. Debt hj an aJ- minidratnr ^e btnit n»i on h bond made by a. fcHTic folc tt> the Cedator. Cafts in Pari. 15 where in this cafe more cofts were giv- en than the penalty was. Adminiflration granted by the archbifh'ip ot Canterbury. "When, ^c. and fays, that flic ought not to be cliarged with the debt afortfaid by virtue of the wriiing afor^f.iid, b caufe flie r-iys, ihar the writing aforefaid is not the dtcd of the faid John StapUy, knt. and bart. And of this flie puts htrfclf upon the country, and the faid George hkewHe : T heretore let a jury thereon coine before th-e lady the queen at IVeJlminfler on thy next after and who neither, is'f. to recognize, ^c. The fame day is given to the parties aforelaid there, l^c. Tcrrcy and Duvall. Loudon, to wit. JJ/'llUam Terrey, adminiftrator of the goods and cnatti^ls which belonged to P'/iiliam Kir" ivoo.'I by Anne Terrey, otherv.'ile Kirivoo I deceafed, late executrix of the will of IViliinm Kirtvood unat'ininillcrcd, complains of Johi Duvall and E'.Tzaheth his wife, othcrwife lately called the iiioft noble Elizabeth vifcountels Fur beck Deffring in the county of Norfolk, widow, in the cuftody of the marihal, l^c. in a plea that they render to him 140/. v;hich they unjullly detain from hinj, for this, to wit, that whereri-; the faid Elizabeth while rtie was fole, to wit, on the 20th day o'i October in the 27th year of the reign of the lord Charles xh^ fecond, late Icing of Ef^gland, bfc. at Lou, /on, to wit, in the parilh of St. Mary-le-bo'^u in the ward of Cheap, by her certain wriiing obligatory fcakd with the feal of the faid Elizabeth, and to the court of the lord and lady the now king and queen here iliewn, the date whereof is the fame day and year, acknowlec'ged herfelf to be held and firmly bound to the fame IVilliam Kirivood in his life-time in the faid t40 /. to be pai 1 to the fame JViUiam Kirqjuood, his executors, adniinitlrators and afugns, when fiic Ibould be thereto required: Neverthelefs the faid Elizabeth while ilie was fole. altho' oftea required, l^c. the faid 140 /. to the fame William Kiriiv^d m his Jife-linie, or to the fame yfniie after the death of ihe faid U'illiatn Kirivood, while f!ie was fole, did not pay ; and the faid '^ohu antl Elizabeth, after the efpoufals between them celebrated, to the fame Anne v/hile line was fole, or to the fame Anne and William Terrey after the efpoufals between them wfre celebrated, or to the fame JVil'iam 1 errty after the death of the faid Anne (to which (aid Will. Kerrey adniiniftration of all and fin'jular the goods and chattels, which belonged to the faid Will. Kiw.ood ^i the time of his death unadminiftered by the faid Ar.ne, by John by divine providence archbifliop'of Canterbury, primate and me- tropolitan of all England, on the 2d day of the month of De- cember in the year of the Lord 1692, at Z-ow^/jn aforefaid in the parirti and ward aforefaid was duly committed) have not paid, but the faid Elizabeth v;hilc flie was fole them to the fame Will. KirivooJ \r\ his life-time, or to the fame Amie after the death of the faid PFill. Kiriiood whWa flie was fole, and the faid John and Elizabeth after the efpoufals between them as atorefaid were ce- lebrated. Debt. J i66 iebfated, theai to the fame Anne while flie was fole, or to the fame Will Terrey and Anne afcer the efpouials between theru likewife as atorclaid were celebrated, have refufed to pay, and them to the fame //'7//. Terrey z'ix.&x the death of the faid Anne^ and after the commitment of the adminiftration aforefaid in form aforefaid, do yet refufc to pay, and unjuftly detain, in de- lay of the faithful adminiilrarion atorefaid, and to the damage of the faid IVilUam 'Terrey 20/. And therefore he produces the r c^ -» fuit, cifr. And he produces here in court the letters cfadminifira- *• ' lion of the faid archbifhop, which the commitment of the admi- niftration aforefaid inform aforefaid teftify, ^c. PVilkirtfon and IVeale. Midd\ to wit. Tpiiza^-eth IVilkinfoi, widow, adminlftratrix Debt on feve- of all and lingular the goods and chattels, ral bonds by aa rights and credits which belonged to Chriflcpher IVilkinJon her admjoiftratrix* late hufband daceafed, complains oi Samuel IVeale, gent, other- wife called Sumuel Weale of Lnvdreth in the county ot Cornvjully gent, otherwife called .VrtOTiff/ Weale o'i ^u Dunjhm in the Wefiy London^ g^"t' otherwile called Samuel IVeale ot the pariHi of St. Diir.jian in the JVeJl, London, gent, in the cuftody of the mar{hal,t5'^. in a plea that he render to her 90/. of lawful money ' of England, v/hich he unjuflly detains froui her, for this, to wjf, that whereas the faid Samuel cnlhc 16th day of December 1690, at ire/iminjler in the county aforefaid, by his certain writing obligatory fealed with the feal of the faid 5. and to the court of the lord the now king here fhewn, the date whereof is the fame day and year, acknowledged himfelf to be held and firmly bound to the faid C W. in his life-time in 20/. parcel of the faid 90/. to be paid to the faid C. when he fliould be thereto af'er required : And whereas alfo the faid S. afterwards, to wit, on the 29th day of Septemher 1690 sbovefaid, at Wejlminjler aforefaid in the county aforefaid, by his certain other writing ob- ligatory feaied alfo with the feal of the faid S. and to the court of the laid lord the now king here Ukewife fiiewn, the date whereof is the fame day and year, acknowledged himfelf to be held and firmly bound to the fail C. W. in his life-time in other 20/. other part of the faid 90/. to be paid likewife to the faid C. when he fhould be thereto after required ; And whereas alfo the faid S. afterwards, to wit, on the faid 29th day o^ September in the year lall abovefaid, r.t IVejlminlier aforefaid in the county aforefaid, by his certain other writing obligatory feaied alfo with the feal of the frtid S. and to the court of the fiid lord the now king here like- wife iliewn, the date whereof is the fame day and year, acknow- ledged himfelf to be held and firmly bound to the faid C. W. in his life-time in other 20/. of the faid 90/. other parcel, to be like- v;:fe paid 10 ihe faid C. when he fhould be thereto ajtcr required j And whereas alfo the fame S. afterwards, to wir, the fame day and year laft abovefiid, at Wejlminf^tr aforefaid in the county aforefaid; lb"! Debt. aforcfni.!, by his certain other writing obligatory, fcaled likewVe v.'iih tiie iVal of the faid A", anM to the court of the faid lord the now king here alfo fliewn, the date whercofis the fame day and year.-hckiiowlcdged liinileif to be held and firmly bound to the laid C. in h's iife-tiine in other 20/. of the faid 90/. other par- cel, to be p'lid likewife to the lame C. when he fliould be thereto after required : And whereas alfothe fame S. afterv.- arc's, to wit, the fame day, year and place Inti abovefaid, by his certain other writing obligatory, fealed alio with the feal of the faid S. and to the court ot the fai 1 lord the now kinj here alfo fliewn, ^he date whereof is the liinie day and year, acknowled<»ed himfelf to be held and tiriniy bound to the luid C. in his life-time in 10/. yefidue of the faid 90/. to be paid r!it on hon.l MidiCt to wit. 'h/f'^^y Pettyivard, widow, complains of John- ji!,'ainfl two ex- Kent, e!q; and Nicholas Etnn, gent, execu- (ftuto.i. tors of the laft will unci tefkainent of i^/V/^rt/-^ Kent, efqj other- wife called Richard Kent of London, efq: in the cuftody of the mar l:al, ia^c. in a plea that they render to her 200/. of lawful monty o^ England, which they unjullly detain from her, for this to Wit, that whereas rhe faid Richard'in his iite-time, to wu, on the twelfth day of Odoher in the year of the Lord 1686, at lVtJi:ninj}er in the county of Midilefex aforefaid, by his certain writing obligatory, fealed with the feal of the i"iid Richard in his Jife-time, and to the court of the faid lord the now king here iliewn, the date whereof is the fame day and year, acknowledged hlmfclf to be held and firmly bound to the faid Mary in the laid ; *^^ J 200/. to be paid to the fame A/^;r_y when he fliould be thereto after required : Neverthelefs the faid Richard in his life-time, snd the faid John and Nicholfis, or either of them after the deatk ef the faid Richard, altho' often required, ^c. the laid 200/. to tL4 Debt. 1 68 the fame Aifjry have not yet pa'ui, nor hath either of them paid, but chefaid Rickurd in his hf.-tiinc them to the faid Mary altoge- . ther refuted to pay, and the faid John and Nicholas afrer the death of the faiil Richard them to the fame Mury do yet refufe to pay and unjultly detain, to the damage of the faid Maiy 2oL And therclore £he produces the fuit, ^c. Ncnvell ai^ainR Batchslhr, 't:> Debt on the a lute for pre- Midd^ to wit, TT/Tiliom bi-mel! co.inpkins oil'homas Batchelhr D i'i the cultody ot the iiiarihal, ISc. in a plea ^ that he remier to him 16/. otlawtu! money of Greut Britain ^"^ q ' *' which he owes him and unjuftiy i^ctains, for this, to wit, that whereas the faid Thomas BatchsUor on the 29 h day of May in the jzth year of the reign of our lady Anne, now queen of Great Briiain, l£c. &llVeJhiiinJler in the county aforefaid, was indebted to fhe fame William in the faid 16/. for fo much money by the fa a1 Thomas Batchelhr to the ufc of the faid William Noiv- ell after tne firft day of May in the year of the Lord 1711 had and rcct:',V-J ; whrreby an aftion accrued to the faid William No'uell to demr.nd and have of the faid Thomas Butchelhr the faid 16/. accor>;:ng to the form of the ilatutc made and provided in a parli- ament of the faid lady the now queen, held at Weftminjler in the coupiy of MiddlefiX on the 25th day of Novembtr in the year of the Lord 1710, intii'eil, An a£l for the better preventirg of ex- C'rjive and deceitful gaming .• Neverthelefs the faid Thomas, ajtho' ou^'n required, the fame 16/. to the fame Will am Nozie/l halli not yet pa:d,but them to him hitherto hath denied, and yet doth deny to p-sy ; whereby he fays that he is prejudiced, and hath damage to the value of ^oA And therefore he produces the fuit, Not indthted pleaded, ar.d the plainli^ recovered a verdlfl, and the money vms faid him thereon. Curfon againft Fatmt. Leicejler, to wit. J\JAthaniel Curfort, bart. complains of ^////rtw Debt for rcaj Fuunt, efq; being in the cuftody of the oa a Icafc. marfhal of the Marjhaljea of the lord and lady the kincrand queen before the king and queen themfelves, in a plea'that he render to him 2O0/. of lawful money oi England which he owes Iiiin and anjuilly detains, for this, to v.-it, that whereas the faid Natbamel on the 24th day of A// following, to wit, the Wejl meadow at the mill- rail, the Mills Clofe, otherwife Mdes Chfe, the Hall C.loj}, the f.ed f-'igld, the Lilly Clofe, the QaU Clofe, the Warren, the FuTZt i6SI Debt. Furzy Ckfe, the MiAJh Clofe, and the Highrxay Clofe, lying and i;-t.>A,.- bcinj in F\iijn aforelaid inihc county aforefaid ; To have and to hold me fc'vcTal clofts and parcels of land atorelaid with the, ap- purtenances !o the iaid IViliium^nA his aiii;^ns, rroni the faid 24th day of A/flrf// in the 4th year abovcfaid unto the end and term RcJdciJum. of one whole year from thence next enfuing and fully to be coui- pleat and en^VJ ; Yielding and paving tiiereiore to the faid Na^ t/ianie/ uniS his iiffigns the rent or fcin of 2S0/. of lawful money tntry. Ci\ EiiplnnJ : By virtue of which faid demife the i'ame Il^iiliam. inio tiK- tenenients aforefaid v/ith the appurtenances entered, and was thereof pofilfled, add the fan:.e tenements with the appur- EicacL tenances had held and occupied ; and the faid 28c/. for the year aforefaid, ended at the featt of the annunciation oftheblefTed virgin Mfnj in the firft vear of the reign of the lord and lady ff'i/liam and Mary, now kifrg and queen of Er.g/ani/, ^c. were in arrear and are yet unpaid ; whereby an aflion accrued to the fame Nathaniel to demand and have of the laid M'iiliam the faid 280/- "Yet the faid I4'''illiam, altho' often required, of. the faid 280/. to the faid Nathaniel h&x\\ not yet paid, but hath hitherto altogether denied and yet doth deny to pay him the fame, to the damage of the faid Nathaniel 100/. And therefore he produces the fuit, ySc. ,. . When, y^. and fays, that the faid Nathaniel at the time of ITad nofning in ^j^^ demife aforefaid in the dechiration aforefaid mentioned had the t nenitnts- .., r.-iL c i. u 11. c Lev. 193.146. nothing m tne tenements atorelaid v/hereor he could make the Town.Tai>.i49 demife aforefaid : And this the fame IVilliam is ready to veri^ ; ? V-n. 291. Wherefore he prays judgment if the faid Nathaniel ovghi to have Praa.Rcg.214. or maintain his a^l^ion aforefaid againft him, ^c. J. , , And the faid Nathaniel fays, that he by any thing by the faid I '^9 J in Hi am ahoy em pleading alledged ought not to be precluded plaintWsfatlier ''"'^■" I^'^ sftion aforcfaid thereof againrt him had, becaufe he fays ircovered judg- that otherwife, to wit, in Michaelmas term in the jzd year of r_ient againft the rcjgn of the lord Charles l\\s fecond, late k'wig 0^ EnglanJy 9-^'"' ^°°°^- ^c. one J(.hn Cur/on, lent, and bart. deceafed, in his life-time, in the court of the common bench at M^/hnin/Jer before Frarcis North, knt. and his companions, then juftices of the faid late king of the bench aforefaid, at ll^ejif/iinjler in the county of MiJ- Jkfex, bv the cofifideration of the fame court recovered againfl: George Faunt, efu; by the name of George Faunt 0^ Fell on in fhe county of Z,f;Vf/?c'r, efqjaswell a certain debt of 2000/. as 40s. w hich to the fame J. C. in the fame court of the common bench were then adjudged for his damages which he had as well by reafon of the detention of that debt as for his coils and charges by him about his fuit in that behalf expended, whereof the fame CVor^i' is convi^fd, as by the recofd and proceedings thereof in the lame court of the conr.mon bench at IFeflminJler aforefaid remaining of record is more fully manifeft and appears ; which faid judgment had and obtained was for a true and juit debt to the er in the lame term, came into the court of the common bench aforefaid at {■rejhnin/rer aforefaid, by Jo/in Dowries his atiorney, and by the ititute in fuch cafe made and 13 E. i. c. i5. provided chofe to be deliered to him all the goods and chattels of the faid G. except his oxen and beafcs of his plough, and like- wife the one-half of his land and tenements, to detain to himfcif the goods and chattels aforefaid as his own propc r goods and chat- tels, and alfo to hold the faid half as his freehold to himfeifand his affigns, according to the form of the ftatute afoiefaid, until the djebt and dainaijes aforefaid fliould be thereof levied ; And r; •, r. 4 i. 1 .1 • t t \ 1 /^i 1 \ r II •• ,- ^ifK'^ '^^° out, he prayed the writ or the lord L,':ar!es the lecond, late kmg of Er.glanJ, ^c to be direded to the fherifF of the county of Leicefler j and it was granted him, returnable in the fame court of the common bench at IVelbnirft.r in the oftave of St. Biliary, ^c. On which day the faid' J. C. came into the fame court by his attorney aforefaid : And the fberiff did nothing therein, nor returned the writ ; Therefore, as before, another writ was made to him thereof in form aforefaid, returnable in the fame court on the morrow of the Holy Trinity, ^c. On which day the faid J. C. caine into the fame court by his attorney afore- inquiCtion tt* faid ; And the fberiff", to wit, Jeremiah Do've, efq; then returned turned, there a certain inquifition, taken before him at Billefdon in the county of Leicejiir aforefaid on the 30th of May then laft pafr, by the oath of 12, ^r. by which it was found, that the faid G. ^ -, ^.^ ,. on the day of the caption of the inquifition aforefaid was feifed in fg^ 0*' Gf/ "* }iis demefne as of fee of and "n one clofe of paflure with the appurtenanees in Fe/lon in the county of Leice/ier aforefaid, called Mills clofe, containing by eftimation eight acres or there- abouts, then or late in the tenure or occupation of the faiil G. F. or his alTigns, of the clear yearly value in all ilTues beyond re- prifes of 60s. And of and in one other clofe of paflure with the appurtenances in F^-Zrow aforefaid in the county of Z.^/V^/?tr aforelaid, called Hull Cbfe, containing by eilimation eiThteen acres or thereabouts, then or late in the tenure or ocmpatir.n of the faid G. F. or his affigns, of the clear yearly value in all iffiics beyond reprifcs of 10/. And of and in one other clofe (;f pallure V'iih the appurtenances in Fefton aforefaid, in the counrv afore- faid, called ReJ/itld, containing bv eftimation 140 acres, or thereabouts, then or late in the pofFeiTion of the faid G. F. or his affigns, of the clear yearly value in all ilTues beyond reprifes of 40/. Andof and in one other clofe of pai'iure with the ap- purtenances in Fefion aforefaid in the county aforefaid called Kd'^yChfe, containing by eftimation 60 acres of land or there- abouts, then or late in the tenure or occupation of tlic faid G. F. or his aifigns, of the clcnr yearly value in all Iflues bevond reprifes otjo/. (Jo on reciting all the frveral f%: »no tlic fame as in the decla- ration. [ 170 ] Tenant by JLhgit mad« pUin;iff" execu- tor aad died) who entere8. Tliat the debt is not paid, ami To, Cff. Tli-joimler, that before the jud£;mePt re- rovei-^fi IV- and B. reco- vered 2 judg-' ment in the Exchequer apainfl defend- nnt'K ancrftor for f.oool. and Aied out aa iVld, the faiJ clofe calleu /A///. CVoyi Ai/^)', :he faiJ c!of • called the G,?/e- Clofe, the laid dole tnlle;'. the I'Far.en, ih:- fail clofe called the Furzy Chj'e, the fnid clofe called Ajidi.h C/.v, the faid clofe called High'tuay Cloje, the faid clofe calico y/.j! Mea !otv at the mill-tail, bting all in the occupation of the lai.l G. F. or his afligns. and lying and being in Fefton aforefaid in the county of Z-fuf/tT aforefa'.ii, are one j nil and equal haU of the nieffaagcs, lands and tenements atDrcfaid ; which faid halt the faid flierifF on the day of the caption of the inquifition atorefaid, by virtue of the writ afori.faid lo as afortfaid to him dirr-tled, caufed to be delivered to the faid J. C. bart. u- hold to hi.n and his :illigri rs his freehold until his debt and da^.-igv-s aforefaid ihoiiid be fully levied, as he v/as by that wrii comma'v'ed : And the iame A', farther fays, that the fevera! cloies atid parcels o. land lad mentioned, to wit, the Mills C/j/f, the H'lf CI />, the Re-lfi'ldy KdhyChje, the Gate Chje, the Warren^ t-^ Fwz.yChfe, Middle ChlCy Highixay Cljje, the IVef.Cljfe, High'-xayChft, the fVeJI Ch/e at the mill- tail, are the fame clofes in the declaration afore- faid above-mentioned to b? deniifed to the fame I fill am, into tvhich faid clofes with the appurtenances the faid John Ci;rfon\\\ his life-time by virtue of the delivery aforefaid entered, and was thereof feifed as of his freehold until, tfff. and being fo thereof feifed the fame J. C. i.tttiwards, to wit, on the ift day oi De- cember !6S6, at Le!C fier in the county of Leicejlir aforefaid, made his laft will and teftament in writing, and by the fame con- ftiruted and ordained him the faid Nat/ianiel Curfon executor o( his will aforefaid, and afterwards there died fo as afor.faid feifed 5 after whofe death the fame N. the will of the faid J. aforefaid in due form of law proved, and took upon himfelf the burden of the execution thereof ; and th^ fame A', into the clofes aforefaid laft mentioned with the appurtenances ^^ntered, and was feifed thereof as of hisfreehoM until, ifc. and that he had not levied the debt and damages aforefaid nor any part thereof at the time of the dem'fe in the declaration afor- faid above-mentioned, nor ever after hath levied : And fo the Time A', fays that he, at the time of the demife in the declaration aforelaid above-mentioned* had a good and fat^cient edare in the tenements aforefaid with the appurtenances, whereof he might make the demife afore- ■ faid of the tenements aforefaid with the appurtenances aforefaii.k| ^^o t Debt. tailuvlclr, to (detain to hinifelf the goods and chattels aforcfaid as his own proper goods and chattels, and alfo to hold the one half aforefaid as his freehold to him and his afllgns, according to the form of the ftatute aforefaid, until they rtiould thereout levy the debt and damages aforefaid : Whereupon afterwards, to wit, on the 29th day o'CKo'vemhcr in Michaelmas tenu in the 27th year of the reii'H of the faid lord Charles the fecond, late king of Eng- tajuiy l^c. by writ of the faid late lord the king cf Elegit of and upon the faid judgment profecutcd, direfled to the fame then ihcfiff of the county of Leicejler, the faid then fheriff of the coun- ty of Leicfjlerwz^ commanded that all the goods and chattels of the faid G. except his oxen and the beads of his plough, and like- wife the one hnlf of the land and tenements in his bailiwick, of r 171 ] which the fame Gevrj^e on the morrow of the Holy Trinity in the 26th year of the reign of the faid late king of Evgland, ifc. on whicli dav the judgnumt atorcfaid was given, or ever after was fcifcd, he fhculd without delay caufe to be delivered to the faid IVitliam Boothhy and Walter Ruding by a reafonable price and extent, to detain to themielves the goods and chattels aforefaid as their own proper goods and chattels, and alfo to hold the one half aforefaid as their freehold to them and their affigns, accord- ing to the form of the ftatute aforefaid, until they fliould thereout levy the debt and damages aforefaid ; and in what manner the faid wri,- was executed, the fame fheriff was commanded to return to the barons cf the exchequer aforefaid at Wejlminjler in the oftave of the purification of the bleffed virgin Mary then next following, under his feal and the feals of them by whofe oath that e:aent and appraifement fliould be made, together with the name': of thofe by whofe oaths the faid extent and ap- praifment fliould be made, and the faid writ : On which day the faid William Boothby and Walter Ruding came into the fame court in their proper perfons, and the fheriff, to wit, Wi'lliam Cole, cfq; then llieriff of the county of Leicefier aforefaid re- turned, thai the faid Gevrge Faur.t had no goods or chattels in his bailiwick whereby he could levy the debt aforefaid, or any The Inquifitlon penny thereof; and farther returned on the writ afortfaid a rcturn'd. certain incuifition taken before him at the borough of Leicejier in the county of Leicejier aforefaid on the third day of February in the 28th year of the reign of the faid lord the late king Charles the fecond, by the o-aths of Edivard BriddUy Thomas Madden, ISc. (reciting all the jury) good and lawful men of bis county, who being h\'orn and charged upon their oaths aforefaid faid, that the faid George Faunt, efq; in the writ aforefaid named, at the time of giving the judgment aforefaid in the faid v/rit Ipe- TVie (defendant cified, to wit, on the morrow of the Holy Trirriiy in the 26th feifej in fee of, yga^ of Charles the fecond, late king of England, ^c. was fejfed, ^'* and then was feifed in his demefnc as of fee of and in a capital luefTuage with the appurtenances, fituate, lying and being in Fepn in the county aforefaid, then in the tenure or occupatioa of the faid George Faunt, or his affigns, of the clear yeaily va- lue Debt. 17^ lue in all illues beyond reprifes of lof. and ofr.nd in a do(e o' pafture with the appurtenances in Fencn aforefaid in the county fiforefaid, called Mills Clofe, containing by cftiniation, Iffc. (Jo en recitirg pnrlicuLjrs of all the lands in t^e Jume marner) ; Which faid capital nuiTuage with the appurtenancfs, the faid cloft called Parne-yard, the (aid clofe called Mills Clofe, the faid dole called Hr.lls Clofe, the laid clofe called ReJfieU, the faid clofe called Kilhy Cl;fe, the faid clofe called Gate 'Cloft, the faid dofe called the Wairerx, the faid clofe called ?urz.y Clofe, (with fome others recited) with all and fingular their appurt.^nanc(.s, are one equal half of all and lingular the mefiuages, lanes an.' tenements fttore- fp.id ; which faid moiety he the faid flierifFon the day of the Delivery of» caption of the inquifition aforefaid, by virtue of the writ aforefu'', moi.ty to the had caufed to be delivered to the faid IVilUam Buoihby an>^ M'al- plaintiff*. ter RuiHtg in the faid writ mentioned, to hold to them and their alTigns as their freehold until the debt and damages in the faid writ named fliould be thereout fully levied, as he was command- ed bv the faid ^'rit : And the fnme V/iUiam farther fays, that the faid iherifF farther returned, that the jury aforefaid on their oaths afnrcfaid farther faid, that the faid George Fount in the writ aforcTai ! mentioned had not, nor on the day of the capiion of the inquifiiion aforefaid, and giving of the judgment aforefaid, or ever afier, had any other or more iiK-lfuages, lands or tenements, or any goods or chattels in his bailiwick, to the knowledge of the jury aforefaid, or by any evidence to them fliewn, as by the writ aforefaid, and the return of the inquifition aforefaid, in the faid court of the fiiid lord king Charles y\\t fecond c f exchequer of record fled, is more f^ully nianifeft and appears: And the faid William Faunt farther fays, that the feveral clofes and parcels of land, to wit, the Mills Clofe, the Hull Clofe, the RedfieU, the Kilhy Chfe, the Gate Clofe, the IFwren, the Furzy Clofe, the Highiuay Clfe, the Wejl Mead vj at the bridge, the Wefi Mea- floiv at the end of the Middle Clfe, parcel of the clofes and te- nements in the inqnifirion aforefaid m.ntioned, and by the faid ihf riff of the coun(v of Leicefltr to the faid IVilliam b'.ithhy and Walter Rudi'g by the fame inquifition dfliver> d, to hold to them and their alTigns until they fliall fully levy the debt and d-.(iTiages aforefaid to them due, and the clofes in the dt claratio> mentioned to be demifed by the faiy^joood\n his life- time in the faid 400/. to be paid to the fan-e "fohn when he fhould be thereto required, and well and f:;ithfully to make the fame payment he bound himfelf and his heirs by the fame writ- ing : Ncverthelefs the faid IVilliatn in his life-rime, and the faid Sarah who was heir and devifee of the faid Williavi after his death, andtlie faid Gco'gs, fon and heir of the faid Sarah, after the death of the faid Sarah, altho' often required, l^c. the faid 400/. to the faid John in his life-fime, or to the fame Ifaac and Elizabeth after the death of the faid John, or to either of them, have not yet pa'd, nor hath any of them paid, but have altogether denied to pay the fame to them, or any of them, and the faid Georg" doth yet deny to pay the fame to the faiJ Ifaac and Eliza- beth, and unj^flly detains, to the dan)age of the faid Ifaac and FJiz-ibeth 10/. And therefore they produce the fuit, ^c. And the lame Ifaac and FA zabflh produce here in court the letters tcftamenrary of the faid Tt"^", wherebv it fuffioiently appears (O r j-, 1 the court here, that the faid lUziheih is executrix of the laft will and teftanient of the faid Jjhn, and thereof hath the admi- niflration, ifc. When, Ifc. And pravs oyer of the writing obligatory afore- oyc '"f 'he fnid ; and to him it is tead, ^c. he prays likewife oyer of the condiiion. conddtion of the fame wiiting j and to him it is read in ihcfe v/ords, to wir, The contlinon of this obligaiion is fuch, that if the abovc-bounden iViUiavi IP'^iluitifon and Prifctlla Ihr.ywiod, or either of them, their or eiihcr ofihc'r heirs, executors or admi- niftrators, do well and truly pay or caufc to be paid unto the U 2 abovc" 17^ Debt, above-named John Lemoti Honyixood, his e.recutors, adniinifira- tcis or aflign^, the full fumof 212/- of good and lawtul nione/ of Lngluntl, on the nrft day of Maych which fliall be in the year ofourLcrd 1682, then this obligation to be voi.l, (r elfc to remain Paymenf after ^ ^"^' '^orre : Which being read and heard the faid George fays, the d.iy prt- that the f.'.id Ijaoc and Elizabeth ought not to have or niaintaiti tended. the'r action aforefaid thereof againft hini, becaufe he fays, that t'le laid IVtlUam IVilkirfon in his life-time, after the faid ift day Thi<: i> n!ni£;hf, ^^ March in the condition aforefaid mentioned, and before the ex- dewn t"h' tvi- hrbition of the bill aforefaid, to wit, on ttie 27th day of February dcnceto'.hai in the year of the Lord 1692, paid to the faid John l.emott Hgny- day, ivjo-i 200/. being the principal fum torhe fame John Lev:ott Hony- 1159 / by the condiiinn of the writing aforefaid due, together with the whole intereft for the laid 200/. then cue, to wit, at the pa- rifn o( Si. Clement Danes :iiore{z\d in the county of Mcldlefe:i aforefaid : And this he is ready to verify ; Wherefore! he prays judgment if the faid IJanc and Elir.aieth ought to have or maintain their aftion nforetaid thereof againll him, l^c. Rtpl- that he ^^^ ''''^ ^"^''^ Ifdac and Elizabeth fay, that they b" any thing flitl not pay, btfore alledged ought not to be precluded from their aftion afore- faid againft the faid George had, becaufe they fay, that the faid JVillidm IVilkirifon in his life-time, after tiie faid ift day of March in the condition aforefaid mentioned, and before the exhibition of the bill aforefaid, did not pay to the faid Joh}! Lemuft Honyivood the faid 200/. and the intereft for the fame due, as the faid George above by pleading hath alledged : And this they pray may be inquired of by the country : And the faid George thereof like- v'ife : Therefore let a jury thereon come before the lord the king at IVeJiminJler on day next after and v.'ho neither, i^r, to recognife, tffr. becaufe as well, ^c. The fame day is given to the parties aforefaid there, t!ff. T//f plaintiff recorjered a Ferdid Mich. 5 Geo, tVrench and Jaques. Hebt on a bail- ^^'•^'^> ^0 wit. ^Ihn U^remh, afiij^nec of R. B. knt. and R, K. {j(jn(j, J knr. rt> r^ffof the county oi Middh/ex aforefaid, according to the form of the ftatute in fuch cafe thereof lately made and proviied, complains of John Jagues, otherwif.s Cfr. in the curtody of the marfh:'.! ?i'njier on Mondiy ntxt after f'le morrow of ihc Alceiifion ot the Lorvl, to anfsver to thefaid 7-./^'/ IVri/nr/i in a plea of trcfpafs, and alfo to the bill of thefaid Jj/iu If^rench againft the faid P. Brittnive for 20/- debt, accoro!:.g to the cuftoni of the court of rhe faid lord the kmg be- ^^f^^ ddiverei fore the king hinif-U' to be exhibited : Which faid precept after- to ti-e flierifF. wards, anii before the return of the fame, to wit, on the faid 20th day of M.TV 1715 abovelaitJ, at the parilli ot S'. Clement Danes \n the county of Middlejex aforelaid, to the faid /?► B knt. and R. A", knt. being then llu riff of the county of yWiV/^/f/,;c afortfai 1, v/as delivered in due form of law to b*; executed : By virtue of ^^•'^ defen- which laid precept to the fkeriff of Mid''^'^''» at the rcqucft an J cofts of the {A\iJo/in Wrenc/i, be- plaiatiff; '"g ^ common pcrfon as r.torefaid, the (aid R. B. lent, and R. K. Jcnf. fhcrifl-' ot the county oi MiA.ilclcx afonifuid, by the name of A'. B. k:;r. and R. K. knt. nicriff ot' tlie county aforeiaid, afiigned to the i.uJ John IVrenih the writing obligatory alorefaiu lo tor the appearance o\ the faid B. Brittanw as atorefaid made, by in- dorfing the allignnK-nt tof ihefaia llverirT of the writing obligatory aforeiaid on that writing obligatory, and by then and there at- tefting the fame alTignnicnt unr.er the hand and feal of the (aid ;nierlffin the prefence cf two crec'iblc witnefTes, according to the 4 A. c. i5. form of the ft^tute in fuch cafe thereof lately piade and provided •, §. ^o. which faid anignnunt (rhedate whereof is the fame i ili day of Jnr.e in the year of the Lord 1715 abovefaid) is alio to the faid court of the faid lord the king now here iliewn ; by reafon of whereby an which faid premifTes, according to the form of the ftatute in that aclion accrutd. behalf ma.,e rr(l provided, an f.ftion accrued to the fame John IVre-uh, as aflignee of the fiid R. B. knt. and R. K. knt. Ili^riff of the faid county of Mid-JIeffx as aforeffiid, to demand and' have of the f.;i.-l Jjhn Jaques ciie faid 40/. Nev. rtheltfs the fiid John Jaquess altho' often requi.-ec, l^c. the faid 40 /• to the fame Jahn IVrench or to the fame R.'B. and R. K. or to any of them, hath jiot yet paid, but liu- uime to the faid John Ifrench or the laid R. B. and R. K. or any of them, hath hitherto altogether denied to pay, and dotl» yet deny to pay the fame to the faid Jo/in pFrerch, to the damage cf the faid John fVrench 10/, And there- fore he produces the I'uit, life Bokcniiam and his luife againft Mauley, Pelt apalnft an London, to wi adm:nifl;ratrix t. TJ/'llliRm Bokenhntn, efq; and Frances his Wife, late called Fronces MtmUy, fpinflcr, liy Uie"inu'ftlte comyp^i'.n 0^ Margaret Murtey, widow, adminillrntjix of all and to the plain- fingular the goods and chattels, rights and credits, which be- tlflT's wit> ]on?ed to Thomas Marly, g^"t- her late hufbmd decenfed, while fole. othcrwife lately called Thomas Mar.ley of the pariHi of St Mai- ga^et near the citv o^ Rochejl^r in the county of Ke^it, gent. in the cuftody of the m:irfiial, ^f. in a plea that (lie render to them 120/. of lawful money o^ En^J^^iJ, which flie unjuflly de- tains from them, for this, to wit, that whereas the fiid Thomas in his life-time, to wit, on the 22d day of Septeihher in the 3d year of the reign of the lord IVilliiim now king and the lady Mtjry iate queen of Englandy ISc. at Loti^inn aforefaid, to wit, in the pariOi of St. M.ny-le bo-JO in the ward ci Cheap, bv his certain •writin-r obligatory fealed with the feal of the faid Thomas in his life-time, and to the court of the lord king VViUin»' the third now here fiiewn, the date whereof is the fame day and year, ac- Icnowled£;ed himfelf to beheld and firmly b^nnd to the faid Frances while fli2 was fole, by the name of Frances Manhy pi the parifli of St. Margaret aforefaid in the county aforefaid, fpinfter, in the faid 120 A to be paid to the fame Frances wher^ hs Debt l^li Itc fiioi?ld be tHereto required ; NJeverfhelefs the faiid Thomas in his lite-time, or the faid Margaret after tr,e dcnii of the faid Thomas, (to which faia Margatet aJminiltration of all and fin- guiar the goods and chattels, rights and credits which belonged to the faid Ihofnus at the time of his death, who died intefiate, If^c. after the death of the fidd Thomas, v/as coinniitte.),) fdtho' often req-cired, L c. the lai'^ T2o/. ro the faid Frances while flie was ro!e> or to the fame iVillum snd i^r/v;;c« atrer the efpctsfris between them celebrate;', have rot vet paid, nor hath eithtr of Saiir_ ^5 to 4«« them paid, but the lame to th^e faid Frances Idle ili3 was fole, and to the faid William an.i Frances after the efpoufals between them ctiebra:ed, have altogether denied to pay, and the faid Margaret doth yet deny to pay them t(} the faid VVtlUam and Frances, and urijuftly detains the fame, to the damage of the faid William -asi^ Frances \ol. And therefore they produce th^2 jfuit, ^r. AjIrieivliQ as well ^^c. di^^m^i FiJJenden. [ 175 ] Sujfex, to wit. OAmuzl Afirie, gent, who fue^ as well for the lord Debt by an in- the king as for himfclf in this behalf, complains former on the of Thomas FlJfenUen the elder, being in the cuftody of ihe marllial ^^^'^^^ Car. z. of the Mar/Judjea of the lord the ting before the king himfelf, in a [o'chu'rcr'"^^ plea that he render to the faid lord rlie king and to the fame Sa- i Bro. 91. tnueU v^ho as well, l^c. zoo I. of lawful money oi Euglmd which Salk. 30, jyj* he owes thein and unjuftly detains, for this, that the faid Tho. FiffenJen on the 20th day of May in the 34th year of the reign of the lord Charles the fecond, now king of England, Iffc. bein? above the age of 16 years, and then and from thence continually after for the fpace of ten months then next following an inhabi- tant and comniorant within this kingdom of England, to wir, at the parifli of All Saint-s in Leives in the county aforefaid, did not repair, nor endeavour to repair himfelf to his parochial church of All Saints in Z-fivfj afore faid, nor to any other churc'i, chapcd, or ufual place of common prayer and preaching, or of other divine fervice there ufed and adminiftered, according to the form of the ftatute in fuch cafe made and provided, but himfelf for all the time aforefaid voluntarily and obftinately without any lawful or reafonable caufe, or any rcafonable excufe, did forbear from the fame, againft the form of the feature in fuch cafe made and provided ; whereby an adion accrued as well to the lord the king as to the faid Samuel, who as well, Qfr. to demand and have oi the faid Thomas the faid 200 /. to wir, for every month of the faid ten months in which the fame Thomas from church, cha- pel, or place of prayer and preaching, or other divine fervice there J.S aforefwid ufed and adminiftered, did forbear himfelf againft the f'jrm of the ftatuta aforefaid, 20 /. Neverthclefs the faid Thomas, allho' often required, t5V. the- faid 200/. to the faid lord the king and the faid Samuel,who as wellj^c. hath not paid, but the fame to them hath altogether refufcd, and yet dothrcfufc to pay, to thed.i- U 4 mage t75 Debt. mag'? of the Caul Samuel ^o I. Ami therefore a$ wdi for the faid lord the king as for hinift-If he produces the fuit, iSc. Plea, When, t^c. and lays, that he doth not owe to the faid lord nothing. the king and the fa-.d Sii,nutl, who «s well, tiff, the laid 200/. nor any penny thereof, in manner and form as the faid Sumuelf who as well, flfr. againft hiiu complains: And of tiiis he puts himfelf upon the country : And the faid Sitmuel, who as well, i^c. thcroot likewife, iSc. 1 hertfore let ^ jury tlit;rcOn cdiiiC betore the lord the king at M^ejlminjler on Weduef.lcy nex after three weeks of the Holy Trviiiy j ann who neither, fife, to recog- nize, i^c. becaufj as well, isc. The fame day is given to the parties afortfaid there, l5c. Powk and another againft Bar'weH. Debt againft North'ton, to wit. Tf^ Mery Ponju/p, widow, and J-/;n Tucker^ the bill on a ^-' ajfignees cf Francis Sf. Jo/in now bart^ p!!c't Re? late Frrtwm S/. Jo^m, t'.'q: late flierlfF of the county aforefaid, ^!,^/ according to the form of the ftatute in fuch cafe thereof lately mtdeand provided, complain of John Rarive/l, otherwife called, l!fc in the cuttody of the marOial, if^c. in a plea that be render to thiiij io6o/, of lawtul money of Great Britftirt which he owes them an-, unjuftlv detains, for this, to wir, that whereas one Robert Tebutt the youngi-r, ..fier the firft day of Trinity term in the year of the Lord 1706, to wit, on the 22'i <^'Y/«f/j St. J^hn, being then as ''tn. aforefaid fheriff of the county of North^ion aforefaid, of and upon that arrelt tock bail for the faid Robert Tthutt the younifer, to wit, the faid Robert Tebutt the younger, and the faid JJm Barivell and one Robtrt Tebutt, which faid Robeit Tebutt the younger, John BariJuell and R'lhtrt Tebutt, on the faid 22'1 day of July in the year of the Lord abovefard, at Oundle aforefaid, in the county aforefaid, by a certain writing obligatory, which ' the fame Emery and John, as wtll with the feal of the faid John Barixell as with the feals of the faid R/b. Tebutt the younger and Rob. Tebutt fealed, hce in court produce, the date whereof is the fame day and year lafi abovefaid, by which faid writing the faid John 5^rTt;r// acknowledged hirnfelf to be held and firmly bound to ihe faid F. St. Johr^ b^ing iheu arr Latitat Dcht t ns Thz coaiiition. The bond a& £-ntd. .t!ien as aforcfald ilierifF of the faid counfy, by tlie name of F, 5/. Jo/in, the faid infants formerly granted, being by reafon of the death ^''' ^^* of the faid Darnel determined and exp'red, by Thomas by divine providence archbifhop of Cante'hury, primate and metrooolitan of all Erglanj, after ihe dt-ath of the faid Daniel, to wit, on tlie l^thday of November 1700, zl London aforefaid in the parifTi and ward aforefaid, was duly committed,) or to any of ihem have not paid, nor hath either of them paid, but the fame to the faid Dixy in his life-lime, and to the faid Daniel ^n his life-time, and to the faid Thomas after the death of the faid Dixy and Daniel, have altogether denied to pay, and the fame to the faid Thomas the faid Elizabeth doth yet deny to pay, and urjuftlv' detains, to the damage of the faid Thomas 20 I. And therefore Profert of the he produces the fuit, tffc. And the fame Thomas produces here >'^f"''^'*^-''at'('» in court the letters of adminiftraticn aforefaid of the archb'fhop ° aforefaid, which the commifTion of the adminiftration aforefaid to the fame Thomas after the death of the faid Daniel in forni aforefaid ttftify, iyc. Frith and his ivife againd Heard, aa London, to wit. I7 Duard Frith and Margaret his wife, execu- Debt by ■^ trix of the laft will and teftament of Samuel ^^^'^^^'i'S-^ Ma/ion late deceafed, complain of R. Heard adminillrator of \^^ ^^ bond, all and fingular the goods and chattels, rights and credits, which belonged to J. Heard late of IVare in the county of HettforJ, yeoman deceafed, oiherwif? called, l^c. in the cuftodv of the niarflial, tfff. in a plea tha( he render to them 40/. of lawful money of England, which he unjuftly detains from them, for this, to wii, that whereas the faid John in his lite-time, to wit, on the 31ft day of March 1688, at l.vndcti nf refaid, to wit, in the parifh of Sr Dunjhin in the Weft in the ward of Fairing- dm Wiih'.ut, bv his certain writing obligatory fcaled v. ith the fcal of the faid John in his life-time, and to the court of the faid lord the king nov/ here fhewn, the date v.hereofis thef'ime ilay and year, acknowledged himfclf to bi- held and firmly bound 10 the Xl§'l Debt. ftic faid 5. in h's life-time in the faid 40 /. to be paid to the faid ^s when he fhould be thereto after required : Neverthclefs the faid y. in his life-time, or the faid R. after his death, altho' often required, ^c. to the fame S. in his life-lime, or to the faid ili. after his death while fhe was ^oie, or to the faid L. and M. after the efpoufals between iliem celebrated, rhe faid 40/. have not, nor hath either of them, yet paid, but the faiij J. in his life-time di:i altogfther refufe, and the faid R. after his death doth yet refufe to pay, and unjuftly detains the fame, to the damage of the faid E. and M. 10/. And therefore they produce the fuit, &c. And the fame E. and M. produce here in court the letters teftamentary of the lall will and teflament of the faid .SU whereby it fufSciently appears to the court here, that Hie the faid M. is executrix of the will aforefaid, and thereof hath th* adminiftration, ifc. Jcyner and Horwood. Debt by an Miiid\ to mt, 7\/f ^rgery jfqyner, widow, executrix of tbe laff^ executrix J.y ^jij ^^^ tetbment of R Joyv.er, complains toijiey onbon'd. o^ Jonathan Horivood oi the ^"^nAx of St. Mmg.iret M''ei]minjler in the county oi Middefex, gent, one of the attornies of the court of the lord the king before the king hiinfelf, being prefent here in court in his proper perfon, othcrwife called, &f. in a plea that he rcuvier to her 100/. of lawful money 0^ England, which he unjuftly detains from her, for this, to wit, that whereas the faid J. on the 7th day of Afay in the 36th year of the reign of the lord Charles the fecond late king of England, ^c. at IVe/lmir.Jier iti the county of Mid lief ex, aforefaid, by his certain writing obligatory fcaled with the feal of the faid y. and to the court of the faid lord the king now here fiiewn, the date whereof is the fame day and vear, acknowledged himfelf to be held and firmly bound to the faid R. in his life-time in the faid 100/. to be paid to the fame R. when he flioulu be thereto after required: Neverthclefs the faid, l^c. [ ^79 ] Offley ^gsiin^ Or?ne and anolher. of\ reaory' M'ulJlefcX, tOVi'xt. J^Rances Offiiy, widow, complains of Tna- and tithes by mas Ormty efq; and Hugh Humphries f indenture of clerk, in the cuftody of the -marflial, ^c. in a plea that they tieasife. render to her 84/ of lawful money of f/f^/^^n./, which they owe her and upjuftly detain, for this, to wit, that whereas by a cer- tain indenture made at the parifh of S". Clement Dares in the county of Middlefcx aforefaid, on the 26ih day of February in the year of the Lord i632, between the faid Frances Cffiey, wi- dow and reliiflof Gies, altho* often nquir- cd, l£c, the faid 84/. to the fame Frances have not yet paid nor hath either of them paid, but have hitherto altogether denied, and yet do deny to pav her the fame, to the damage of the faid Frances lool. And therefore flie products thr fui', (fc. Plea tVat plain- VVhcn, cfr. and fay, that the faid Frances Offley the now tiff entered into . plaint'tF Ought not to have or maintain her sftion atortlaid thereof part of the pre- againft iheiii, beeaufe they fay, that after the faid demife of the inifles before fal,) premilT^s in the declaration aforefaid above fpecifi^d, and any rtnt due. before any rent by that demife becanie due or payable to the faid Frar.ces Oj^ey the now plaintiff, to v/ir, on the 20th day cX Match 1682 abovefaid, ine the faid Frances OM.y the nov/ plaintiff with force and arms, l^c. into the jjreat parlour, parcej of the parfonage houfe, parcel of the premifTes aforefaid with the appurtenances, to the faid T. Orme and //. IJuinpririfs above in form aforefaid demifed and not excepted, in and upon the pof- fcflion of them the faid T. Orme and H. Hutnf,hries thereof en- tered, to wit, at Lungilon afortfaid in the county of SiajforJ aforefaid, and them the faid T. Orme and // Humphries trom their pofl'cffioi thereofejetted, expelled ar?'. amoved, and them the faid T Orme ai'd ■/ f-himphric'., fo from thence expelled and amoved from the'r pofti-fTion thereof, from thence until to and af- ter the faivi feaft of the annunciation of the blcflVd virgin Mund himTelf and his heirs by the fame writing : Neverthele's the faid IVol'ei in his life-time, and Pfact. Reg. 10. the laii^ Thomas after the death of the faid Ifollei, altho'ofien re- tiuired, c'c. the faid 300/- to the faid Denham have not yet paid, nor hath either of rhem paid, but them to him hitherto to pay the faid //''o/Zejin his I'.fe-time, and the faid T/w/«/7j after the death cf the faid //V/^-/, have altogether denied, and the faid '1 homos doth yet «'«^;iw; a'lOrefaid, nor ever after, except four inciTiiawes and 17 acres and two rods of land wih the appurtenances in Thorpe and PiitUnhnm in the county oi S,urry of the yearly value of 100/. and one meiTuage with the appurtenances in Eafl^xnckJium in the county of Kent of the yearly value of 40J. and except the rever- fjon of the manor oi Hall- place viith the appurtenanceis, and of five mefRiages, fix cottages, two dove-houfes, three gardens, three orchards, 650 acres of land, 200 acres of meadow, 500 r tSi 1 acres of pafture, lOO acres of wood, 300 acres of heath and furze, 200 acres of moor and 50^. of rent, with the appurtenances in Thorpe, Chertfi'y, and Egham in the faid county of ^urry^ and ot the rcftory o^Tho'pe with the appurtenances^ and of one mefiuage, one dove-houie, 100 acres ot lind, 40 acres of mea- dow, 100 acres of pafture, 20 acres of wood, and 50 acres of heath and turze with the appurtenances, in Puitenhum, El/led^ Sea/eand Tonghnm in the faid county oi Surry ; which laid manor, reflory, tenements and premilTes with the appurtenances, John Loivther, bart. and Elizabeth his wife, who was the wife of the faid IFollei, hold for the term of the life of the laid Elizabeth ia the right of the faid Elizabeth, and are of no value during the life of the faid Elizabeth, and after the death of the faid Elizabeth of the yearly value of 500/. and except the reverfion of the manor of Staines with the appurtenances, and of one cottage, one parcel of land containing 28 feet in breadth and 83 feet in length, and another parcel containing in breadth 24 feet, with the appurtenances in Stair.es in the county (A MidelUfiXy and of one mefluage and 16 acres of land with the appurtenances in Adclirigton in the fsid county of Surry, and of the yearly rent of I 1 1. ilTuing out of one mill, one mefluage and two acres of mea- dow in Staines atorefaid in the faid county of Middlefex, and of ihe tairs and market in St.vnes aforefaid to beheld, and of a fum or penfion of iJ' ifluinp- out of the vicarage of Staines aforefaid, after the expiration of 99 years, commencing from the 17th day of Miiy'm the year ot Vnc Lord 16^6, thcri-'of granted to one IVilliatn Drake, efq; by the faid M^ollei in his life-time, under the yearly rent of a pepper-corn, by a certain indenture made at Staines aforefaid on the 17th day of May in the year of the Lord i6j6 abovefald, between the faid V/ollei on the one part, and the faid IVilliam Drake on the other part, bearing dare the fame day and year: And this he is ready to verify : Wherefore he prays judgment if he, as fon and heir of the faid IFollei, ought to be charged with the debt aforefaid, except in the faid four mef]"uages and 17 acres and two rods of land with the appurte- nances in T/70);>i? and Pw/re-w^^aw aforefaid, and the melTuage and appurtenances in Eajltvickham aforefaid, and except in the faid feveral reveifions when they fliall happen, by virtue of the writing aforefaid, CT'c. with this, that the faid Thomas Leigh will verify. Debt. i8r Verify, that the faid El'iTnheth is ftill furviving and in full life, to wit, at London afor-faiJ in ihe pariili and ward aforefaid , l^c. And the faid Dzn^^jm, for that the faid Thomas doth not deny Plaintiff prays the faid aftion of the faid Denham, nor but that the writing judi;mcnt aforefaid is the deed of the laid Woilei, nor but that the faid "^''"."^ ^ J.^" T/2ow,7^ doth detain from the faid Dtnlmm the laid 500/. in the happen. form in which the faid Denham above thereof againd him hath declared, pray.? judgment and his debt aforefaid, together with his damages by reafon of the detention of that debt, to be ad- judged to him, to be levied on the f lid four meiuiages, l^c. and Judgment, on the faid feveral rcvfrfions with the appurtenances when they fhrtll happen, ISc. Therefore it is confidcred, that the faid Dnthnm recover againil the f-id 'Thomas his debt aforefaid, as alfo his damages by reafon of the detention of that debt to 50 s. to the faid Denham with his aflent adjudged, to be levied on she faid four mefTuages and 17 acres and two rods ot land with the appurtenances in Tharpe and Puttenhavi aforefaii;*, and the faid nielTua^e with the appurtenances in Eaji^joicl^ham aforefaid, and on the faid feveral reverfions with the appurtenances whenlhcy Ihall happen : And the faid Thmun in mercy, 15 c. Lynch againfl Coote^ cfq ; Midd\ to v/'n. 0:10 hn Lynch, gent, compi airs of /?/<:/? iS /. 16^. fteriing, which to the fame ')(ihn wtro adjudged for his cods and damages which he had fullained by reafon ot the delay ot the execution of the judg- ineni aforel.iid, bv the pretence of profccuiing a certain writ of the faid lord the king to correal error in the judgment arcrefaiJ^ and that the (amp ^olm fiiouK' have thereof execution, ^V. as by the rt-cor.i and prrKeedings of the fame judgment lait mention- ed in the court 01 the faid lord the now king before the kirrg himfelf here, to wit, at IVeJlmin/ter aforelaid in the county ot MiJ- (ilefex afor- faid, now rcuiainirg, which the fan. c lord the king for certain reafons caufed to be iranfmitied into the fame c< urt of the faid lord the king before the king himfelf here at IVejhn'm- (ler in the county of MiJ^iefex, is more fully manifeJl and ap- pears ; which fhid laft meniioned judgment, to wit, in the fame court of the faid now lord the king before the king himfelf at IVeftmiulhr aforefaid in the county of MidcUcfex afcrcfr.id, in its full force and efrcft likev/ife remains, not fatisficd or difcharged ; and the fame John hath not yet fued out his execution for the faid 18/. 16^. for the damages and corts aforefaid lafl mention- ed ; whereby an cftion hkcv.'ife accrued to the fame John to demand and have of the faid Richard the fame 18 /. 16 s. of the faid 96 /. 45 3 <-/. other parcel: And whereas alfo the fame Jjhn lately in the fiid court of the faid now lord ilie king before the king himfelf, to wit, in liilLny term in the 9th year of the reign of the laid now lord the king, the fame court being then and yet ?i\lVejimir.f.e'- in the county of MidJlefex aforelaid, by the confideraiion of the fanje court did recover againtt the faid liichard Co"(e i\^ I. wh ch to tlie fame J'jhn lynch by the court of the faid now lord the king before the king himfelf then and there, to v/it, at Weflmirjler in the county of Mi^dleftx aforcfaid, according to the fc.m of the ftatute in fuch cafe made and pro- vided, were adjudged for his cofts, charges and damages, which 3 H. 7. 19. he had fullained by reafon of ihe delay of execution 01 the judg- 5p H. 7. 20. inent aforcfaid, by the pretence of profecuting a certain other writ of the faid lord the Ling to corrcft error ; and that the fame John Lynch fliould have thereof execution, as by the r^-cord and proceerlin^s thereof in the faid court of the faid now lord the king before the king himfelf here, to wit, at li'tJJminJIer in the county c{ Middlefex aforefaid, remaining, more fully is n)anifefl and ap- pears ; which laid laft mentioned judgment in the fame court of the faid lord the king here before the king himfelf at H'ljiminjlcr in the county ot Middlefex in its full force and effect remains, not latisfied or difcharged ; and the fame Juhn hath not yet fued out his execution for the faid 44/. for his ccHs, charges and da- mages laft mentioned ; whereby an adion accrued 10 the fame Debt. ^ I 182, 'John to demand and have of the faid R'climd ilie fame 44/. refidvie of the iaid 96/. 4^. 3./. Neverthelefs the faid R.churd, altho' often require. 1, lf!c. the faid feveral fums of 33/. 'is. ^d. 18/. i6j. and 44./. in the whole amounting to 96/. 4>. 3 /. h^ih not yet paid to the fame John, but harh hitherto aliogtiher re- f'ufed and yet doth refufe to pay him the fame, to ^he damage of the faid 'Johniol- And therefore he produces the fair, ifc VVhen, i^c. And as to the faid 33/. 8j. 3^'. in the declaration pica to psrt n» aforefai 1 firft mentioned, parcel of ihe faid 96/. 4y. 3^. the fuch record, fame Richard fays that the faid John ought not to have or main- tain his aftion atortfaid thereof againfl him, becaufe he fays that there is not any futh record of the recovery of the laid ^^t. 8;. 3c/. againft; him the laid Richard, as by his declaraiion atore- -faid is above fuppofed : And this he is ready to verify : And as to the faid 18/. 16^. in the declaration atorcfaid fccond, memioned, The like to other parcel of the faid 96/. 4 s. yi. the fame Richard lays, that °''^*'' P*""'" the faid John ou^ht not to hi-ivc or maintain his s£tion aforefaid thereof againft him, becaufe he fays that (here is not any fuch re- cord of the recovery of the faid 18/. 165. againll him the laid Richard, as by the declaration aforefaid is farther iikev/ife fup- pofed : And this he is alfo ready to verify : And as to the faid 44./. Demurrer to in the declaration aforefuid mentioned, refidue of the faid 96/. '^'^'^ refidue. 41. 3/ the fame Richard fays, that the declaration aforcfaid as to the faid 44/. and the matter in the fame contained are not fuffici- ent in law for the faid John to have or maintain his aflion aforc- faid thereof againfl hi.n for the fame, to which faid declaration as to the faid 44/. he the faid Richard hath no neceflity, nor is by the iaw of the land obliged, in any manner to anfwer: And this he is ready to verify: Wherefore, for want of a fufricient declara- tion in that behalf, the fame Ric'ard przys judgment, and that the faid Jihn may be precluded from his aftion aforefaid there- of a'^aifift him therefore had ; and for caufes of demurrer in law in "^^^ caufcs. that behalf to that declaration as to the faid 44/. the fame Richard according to the form of the ftatute in fuch cafe lately niade and provided doth fet down and to the court here exorefs »7 ^'" ^' S« th:fe caufes following, to wit, That the faid 44/. to the fame ^ ^' *^'J ' , y^/^/2 by the court of the faid lord the king before the king him- L ' 3 J felf at IVeJl.ninlier, for his cods, charges and damages, by reafon of the delay ofexecu ion of tiie judgment aforcfaid by pretence of profecuring ilie writ of error aforcfaid, adjudged, are not reco- verable by the lav/ of the land of this kingdom of Ergland, in the fai.l court of the faid lord the king before the king himfclfat Wsflminjler, and that the declaration aforefaid as to the faid 44/. i.« infenfible, uncerigin and wants form : And this the fame R. chard is ready to vi.rify : Wherefore he prays juJ.^ment of the declaration aforcfaid, and that the faid declaratioi: as to the faid 44/. umy be qjafiied. '3c- And the faid John fays, that lie by any thing by the fui.l Repl. feverally /J/^A^r^ above in pleading allcdg.-d ought not to be precluded il'»t there i» fram his aftion aforefaid thereof agVinil the faid Richard had, be- '"'^ "*'^'**- X 3 caufc x83 ^ ^^^^• caufe as to the fa'ul plea by the faid Ric/iarJ as to tl)e faid 33/. 8s. 'iV. in the declaration afortfaid above firft meniioned, parcel ©f'li'i f;dd 96/. 4^. 3^/. above in bar pleaded, the fame Jo/^rt favs, ;hat there is t'urh record of the recovery ot the f-iid 33/. 8f. 3A aga'.nft the faid Robert in the faid court of" the faid now lord the k'ng here before the king himfelf, to v/w, at VV ejlminjier in the county of Middlelex alorelaid, remaining as the fame "John above thereof hath declared ; And this he is ready to verify by that record, as the court of the laid now lord the king here Ihall cor.fi'icr, Ifc. And thereupon the i2.\\\t')ohn is ordered to have the record thereof before the fdid lord the king at H^ejlminjleron dav next after at his ptri! : "^1 he lame day ib g.ven to the faid' i?/e by any thing by the falJ A//i»-^rtrf/ above in pleading alleJged ought not to be precluded from her afl:on aforefai.l iherecf againft the laid Mmgaret had, becuf. flic fays, that the faid Margaret the writing obligatory aforefaid, in the declaration aforLfaid mentioned, to the fame Eli- K.uheth did make, fcal, and as her deed deliver for a true and jul^ debt to the fame l'.iiz..:he:h from the faid Mmgarei due : with- out ti'st, that it wascorrupdy agreed between the laid tii.z.iheih anil the faid Margaret, anu C. Dunjier and D. IVrig'ii, in manner anii form as the luiJ Ma-gaiet a^omc bv pleading hath alledged : And this fhe is rendy to Verify : Wlierefore ilie prays judgment and her debt aforefaid, together with her damages by reafon of the lietention of that debt, to be adjudged to her, l^c. And the faid Margaret as before lays, tfiat it was corruptly agreed between the faiii KUzubtth and the faid Margaret and C. D. and D. IF. in manner and form as Ihe the fame Margaret above by pleading hath aliedged ; And of this Ihe puts hcrleif upon the country : And the faid h.Lznheth thereof liicewifc : Therefore let a jury thereon come betore the lord the king at Wefiminjhr on day next after and who neither, y.:. to lecognize, ^c. becaufe as well, t5'r. The fame day is given to the pardts aforefaid there, <£z. Miilf, to wit, TpRarces O. widow, by Rol'ert B. her attorney complains of Robert P. one of the attornies of the court of the lady the queen of the bench here, olhcrwife called Robert P. of the city of L. in the county of the fame city» gent, prefent here in court in hi: proper perfon, for this, that he hath not rendered to the fame Frances 120/. which he owes her and iinjuftly detains, fiff. ' ior' this, to wit, that the faid Rjbert on the 15th day of 7«/v in the third year of the reign of the lady Jni:e, now quecn^of England, at PFtJ^mnJler'm ihz county of Midllefex aforefaid, by his certain writing obligatory acknowledged himfelf to be bound to the f.'.me Frances in the faid 120/. to be paid to the fame Frar.ces when he lliould be thereto required. Neverthelefs the faid /Jj-^^t/, altho' often required, ?jff. the faid 120/. to the fame Frames haih not yet paid, but hath hitherto denied and yet doth deny to pay her the fame j whereby the fame Frances fays that flie is prejudiced, and hath damage to the value of 20/. And therefore Hie prays remedy, ^f. And fli2 produces here in court the writing aforefaid, which the debt aforefaid in form aforefaid tePdfies, the date whereof is the day and year abovefaid, Is'c. The rule there- Un'^f^ '^^ defendant /hall atpsar on Saturday next af:er the or. morroivnf the afcexfiQK of the Lord, let him he forejudged the court. Uy the court. Ojoke. Pleas A bill fled againft an at. torney oi tlic C, £. on bond. Pria.Reg.up. Debt. 185 Fltas befire the lor J the ^/«^ a/ Weftinlnfter of Trinity term in the wth year of I he reign of the lord 'V\\\\\&u.\ the third, mxo king 0/ England, &c. Midd\ to wit. "OE it reiuember'd that othervife, to wir, in T!ie manij-r of JD i^'iper term lalt pail, before the lord llieking miking up the 0ilVe/lminfer CAiixQ Sumta I D. gent, by J. L. Iiis attorney, ami "^'j^^fy'^jja^fia proi'uced in the court ot the laid lord the kii^g then there his j^ ^ cerraiii bill againft John A tfq ; othcrwifc called John A. ot the l.mer 'Temple, London^ efq; in the cuftody of the inarfhui, l^c. in a plea of debt j and there are pledges to profecure, to wit, John D.e'dnd Richard Roe, which faid Liil foiJow- in thefe words, to wit, MiddlefeXy to wit, Sumuel Davis, gent, complains of y^/in w^. Pcbt on bend, clq; otherwife called John A. of 'he Im.er Teviple, London^ cfcj; being in the cuflody of the marfli^l of the Marjhulfea of ihe lord t!ie king beiore the king h infelf, in a p'e.a t!iar he /ender to him ijoA Oi lawful money of EngL.jid which he owes to him and unjuRly detains, for this, to wit, that whereas ihe fniJ John on the 17th day of April in the year of the Lord 1695, at IVefxtnin- jitr in the county aforela;d, by hio certain writing obligatory foaled with the feal of the faid John, and to the court of the faid lord the king nov/ here fliewn, the date whereof is the fame day r^nd year, acknowledged himfelf to be held and firmly bound to the faid Samuel in the faid 130'/. to be paid to the fame Samuel when he Hiould be thereto after required : Neverthelefi the faid John, aUho' often required, Iffc. the faid 130/. to the faid Samuel hath not yet paiJ, but hath hitherto altogether denietl, t.nd yet doth deny to pay him the fame, to the damage of the iis6 Sair.'uel 20/. And therefore he produces the fuit, i^c. And now on this day, to wit, Friday nsxt after the morrow imr\xxUazt: of the Holy Tr/n//^' in this fame term, until which day the faid John had leave to imparl to the faid bill, and then to anfwer, L='f. before the lord the king at IVeflminlUr comes as well the r^id Samuel by his attorney atorefiid, as the faid John by J. 1^4- Lis attorney : And the fame John defends the force and injury when, tfr. and fays, that he ought not to be charged with the debt aforelaid by virtue of the writing aforefaid, becaufe he fnys, that that writing is not his deed : And of this he puts Not bis <1«J'. himft-lf on the country; And the faid Samuel thereof likewife, or. Therefore let a jury thereon coine before the lord the Icing at Wefmitjjler on Wednefdoy next after the oftave of the Holr Trinity ; and who neither, i^fc. to recogniz?, ^r. becaufe as well, ISc. The fame clav is viven to the nartics aforefaid there. rieai Pleas lefcn the hrd the ^;«^ /?/ Weftminfter of Trm'.iy term in the \\rh year of the reign of the /ar^ William the thirds now /ling &/ England, &c. Tne Jurcta la MidA', to wit. '"T^ HE jury between Samuel Dnzn!, gent, hj ,4rb:. Xi. '"" ■'*itorney, pKiintifF, and John A. e!'q; O'.lierwife called J-)hn A. of the Intur 'femfle, London, eft]; defen- Funncr againft Refers. Debt on a ieafc Koftnion, to wit. T? I char A Rogers the elder, late of the pari/Ti at will. of Da'ventrie in the couniy aforefaid, hul- bandiiian, was fummoned to anfwer Edivard Farmery gent, in a pica that he render to him lOo /. which he owes him and unjuftly detains ; and whereon the fame EdtJcard by IV. L. his attorney fays, that whereas the faid Edivard on the 29th day of September in the year of the Lord 1698, at the parifli oi Daventtie afore- iaid, did demife and to farm let unto the faid Richard n mefluage and four rods of land lying and being in the parifli of Dazjentrie aforefaid, and alfo one other rod of land lying and being, Ifc. with the appurtenances, except out of the faid demife to the faid Ediuard F. all that lirtle clofe of pafture called the Goads Clofe, l5c. To hold to the fiid Richard (cxccp: before excepted) from thenceforth -as long as both the parties aforefaid fhould pleafe ; I 1S6 ] YieKling and paying therefore to the faid E. as long as the faid R-chard the demifed premifTes aforefaid (except before except- ea) fliould have and enjoy, after the rate of 50/. of lawful mo- ney of England by the year, to be paid at the two moft ufual fenfts, to wit, at the feaft of the annunciation of the blefled virgin Mary and of St. Michael the archangel, by even and equal por- tions ; by virtue of which faid demife the faid Richard\n the de- mifed premilTts aforefaid (except before excepted) entered, and Breach. ^^^ tliereof poffjTed, and for one whole year from thence npxt enfuing continued thereof pcfitfied, and 50 /. of the rent aforefaid, parcel of the faid 100/. for the faitl one year ended at the feaftof St. Michael the archangel lad pait, to the fame E. v.ere in arrear and yet are in arrear and unpaid; whereby an aft'on accrued to the fame E. to demand and have of thefaij R. the faid 50/. parcel of Debt. iS6 cf the faid 100 I. Neverthelefs the faid R. a1:ho' often required, Uc.ihG faid 50/. parcel 01 the faid 100/. hath not yet paid to the faid E. bi- '-".th aUogeiher denied and yet doth deny to pay hiiu the fame : Anu whvreas alfo the faid t". F. on the laid 29th day o't Sefitemher in the year ot the Lord 1698 abovefaid, at D. aforefaU, ci . demife and to farm let to the faid i?. one other Laid overajjain, mclTuaje, ISc with their appurtenances ; To h?ive and to hold the lali mentioned tenemen's aiorefaid v;ilh the appurtenances to ihe fame R. from thenceforth as long as both the parties afore- faid iliould plenfe ; Yiekiing and paying therefore to the f-iid E. as Icn^ as the faid R. the laft mentioned demlfed premifL^s afore- faid fliould hold and erjoy, alter the rate of 50/. of lawful mo- ney of Englund by tbt ear at the two moll uiual feafts, to wit, the feaft ot the annunciation of the blefl'ed virgin Mory and St. Michael ilie archangel, by even and equal portions : By virtue of which faid demife the fame R. afterwards, to wit, on the firft day oi 0-iober in the year of the Lord 1698 abovefaid iaft men- tioned, inio the demifed premiffes aforelaid with the appurten- ances enicred, and was thereof pofTcffed, and for one whole year from thence next enfuing con'inued thereof pofTcfled, and 50/. of the rer.t afo?-efuid, reh'lue of the faid too/, for the faid one year ended at the feaft of St. Michael the archangel laft paft, to Breach, the fime E. were in arrear and yet are in arrear and unpaid ; whtrc-by an sciion accrued to the fame E, to demand and have of taefai.' R. ttit faid 50/. refidue of the faid 100/. Neverthe- lefs the iai-d R.. altho' of:en required, Cffc. the faid 50/. refidue of the fai^ 100/. hath not yet paid to the faid E. but hath alto- gether denied and yet coth deny to pay him the fame, to the da- mage of the laid E. 50 /. And therefore he produces the fuit, Is'c. Michell at the fuit of Rolfe. WHUN, ^* J"^'" A'(///tf fays, that he by any thing by the faid John MichtU above in pleading aileiigeJ ought not to be pre- cluded from his ;ict!on atorefaid thtreof agamtl the faid John MichJl had, b.caufe he fays, that the plea aforefaiii by the faid John A'l-chtli in manner and form aforefaid above pleaded, and the matter in tiie fam? contained, are not fufln/ient in Utw to preclude hiin the faid John Rolfe from his aftion aforefaid thereof againll the faid J:^hn Michdl had, to which faid plea he the faTie Jah;: R.Jfe hath no neccllity, nor is by the Jaw of the land obliged, in any manner to anfwer : And this he is ready to verify: .- e_ -j VVhtrefore for want of a fufficient anfwer in this behalf, he the fame John Rolfe prays judgment and his debt aforefaid , together with his damages by reafon of the detention of that debt, to be The caufcs. ai'judged to him, i^c. And for caufes of demurrer in law in this ^7 El. 5. behalf the hmajohn Rolfe, according to the form of the flatute ^ • '• ' * in fuch cafe lately made and provided, doth (a down and to the court hereexprefs. That the laid John Michell doih not conclude his plea aforefaid to the country as he ought, and that the fajd plea is not ifluable, and wants form, ^c. Si. John Bro'lrick. ,. . • ," And the faid John Michell fays, that the plea aforefaid br Joinder in de- , . , r • t c^ r r ,■ < ,, ■ 1 r c - • 1 l him the faid JJm Micnell m manner ana term aroreiaid above pi aded, and the matter in the fame contained, are good and fuffioient in law to preclude the faid Jo^^ /?o//V tro ri his adtioi^ aforefaid thereof againft him the faid John Michell had ; which faid plea, and the matter in the fame contained, he the fame John Michell is ready to verify and prove, as the court, Cfff. And betaufe ihe (dk] John Rolje doth not anfwer to that plea, nor hitherto any way deny the fame, he the lame John Michel? as before prays judgment, and that the faid Jo^n Rolfe may be precluded from his ai^ion aforefaid thereof againft him the faid John MichJl had, ^c. But b'caufc the court of the faid lady the queen now here are not yet advifed to give their judgment of and upon the premifles, day therelore is given to the parties aforefaid before the lady the queen at I4^''e/iminjhr until ^;:y v.i:YA afrcr to hear their judgment of und upon thofe p.eiuillesj muntr. Debt, 1S7 premifTes, becaufe the court of thefaiJ laJy the quefn now here thtrcof nutyet, l^c. Bond and Butler. ]iIii/J\ to wit. ZP Lizaheth Boni, widow, at'niiniftrafrix of all Debt by an ad- and fingul.ir the gooos an.i chattels, tights miniflrttrix dr and credits, which belonged to Jumcs Goo.hviii, gent, deceaicd, ^<""i "'"1 ^^' hna.dm\n\l\cTed by ynmes Bond aifo deccnfed, laie adniiniitratcr of the faid James Gcodtvin, couiplains of 'James Butler, efqj otherwile called James Butler of the pari/li cf St. James within the liberty of IViJlminJler in the coun"y of Middlej'ex, efq; in the cuftoc'y of the niarlha!, Ifc. in a plea that he render to her 300/. of lawful money of England, which he unjuftly detains Irom her, for this, to wit, that whereas the faiJ James Butler on the 5th day of May in the year of the Lord 171 5, at iFijimiK- Jier in the county atorefaid, by his certain writing obligatory fealed with the feal of him the faid James Butlsr, an i to the court of the faid lady the queen now hire fliewn, the date where- of is the fame day ami year, acknowledged himfelf to be held and firmly bound to the fame James Goodvoin in his life- time in the fnid 300/. fo be paid to the fame James Goolivin when he flnuld be thereto required : Nevcrthelefs the faid James Butler^ altho' often required, tfV. the faid 300/. to the faid James Good- ivin'xn his life-time, or to the faid James Bond in his life-time after the death of the faid James Goodwin, or to the fame LUzaheth after the death of the i'aid James Bond, (to which faid EUziheth^ after the feveral deaths of the faid James GwJtvin and James Bond, adminiftration of all and fingular the goods and chattels, rights and credits, which belonged to the faid 7/?^^^ GW^rm at the time of his death by Jomes 5'/«^/ unadininiiierad, by IViWant by divine providence archbiibop of Cmierbuyy, primate and me- tropolitan oT 'A\ England, in due form of law was committed,) or- to any cf them, hath not paid, but the fanie to the faid Jamej G.odivin in his life-time, or to the faid James Bond in his life-time, or to the faid Elizabeth after the death of the faid James Bovd, hath altogether denied to pay, and the fame to tliefaid lUizalet'i Bjnd doth yet deny to pay, and unjuftly detains to the damage of the faid Elizabeth Bond 20 I. And therefore /lie produces the fuit, [s^c. And the fan)e EAizuketh Bond produces here in court the letters cf adminiftration aforefuid, which the comniiflion of the adminifiration aforefaid in form aforefaiJ teflify, the dats whefcof is the day and year abovefaid, iS'c. Sfniih againfl Crawford^ efq-. MidiT, to wit ;it. '^ Ames Smith complains of Da-jid Ciaivford, '?'"''* «Rf'"ft^ I r nirL n/i n i- riii the maillul of ^ elq; marfhal of the Mni/hal)ca of the lord the king's the king before the king hiinfclf, being prcfent here in court bench for an xa his proper perfon, in a plea that he render to him 31; /. of elcipc out of Uwful "ccmioH, iS7t r iss ] The recovery iaC.B. H*i' Ccr\ Commitment thereon in exe- cuiion. Debt. lawful money of Grent Britain, which he owes hiin and un- jullly c'.ctains, for this, to wit, thai whereas ihs faid James, by the name of 7. 5. othcrwife, to wit, in Trinity term In the 5th year ot the reign of the lord George now king of Great Britain^ i^c. in the court of the faid lord the king of the benrh, before F. King, knr. any leave to imparl thereto here until from the day of St. MichaA in three Vv'ecks ; and they have, i^c. The fame day is given to the faid Sarah\\erc,{^r. On which day hers' come the f_y farther pray leave 10 imparl thereto here until in the oQave of S:. //////;>_)'; and they have, b^r. The fame dav is ^ivcn to the faid Sarah here, l£c. On which day here come the faid Brent Reynell 5/'///t'i" and Majy by their attorney aforeiaid, an^* the faid Siirah by her guardian aforefaid : And be- caufe fhe faid Brent Reynell Spiller and Mary do not deny the plea Judgment to aforefaid of the faio Sarah, therefore it is confidereil, that the recover fcifia. f^id B,nit Reynell Spiller and Mary recover their feidn againf^ the faid Sarah of the thirci part aforefaid with the appurtenances, and nothing of amercement of the faid Sarah, becauie flie came Andno amerce- the firfi day by fummons, i^c. And upon this the fame Brern mrnt, 1.^- ' Reyrell Spilhr and Mary fay, that the faiti Solomon, late hiifband, cau c, c. ^^ ^j^ J fcifed of the tenements aforefaid with the appurter.anccs whereof, ifc. in his demefne as of fee, and prays the writ of the lord the king as well to caufe them to have full feifin of the 3-{ part aforefaid with the appurtenances, as to inquire of damages, lye. And becaufe by the confeffiun of the faid Sarah zhovs made it appears to the court here, that the fame Sarah always from the death of the faid S. until the day of the iffuing of the original vrit of them the faid Brert Reynell Spilhr and M- fo wit, the 30th day of May in the ift year of the reign of the nov/ lord the icing, was ready to render to the faid M. her dower ot the tene- ■or any value men;' aforefaid wiih the appurtenances; wherefore the fame Brtr.t »or damages. Reynell Spiller and M. ought not to recover any value of ihe 3(1 part of thofe tenements, nor their damages by reafon of the de- tention of her dower aforefaid, from the death of the faid 6'. late hUiband of the faid M. until the day of the iffuing of the original Bowef. *9'> ^rit 6f them tb3 faid Brsr.t Rcynell Sf>U!er and M. againft tlie l.aiJ S-irti/t : And it feems to the laid jullices here, that the faid jirent Reyrell Sf'iller and Vl. ought to recover againfl: the faid iStirnh as well the value of the 3d part of the tenements atorelaid •with the appurtenances, as their damages by realon of the de- tention of lur dower aforefaid from the faid day of the ifTuing of the original writ atorefaid, if, £5freni Reynell SpiUer :in6 M. by their attorney aforefaid: And the fhcriff, to wit, Nicholas Cary, efq; now returns the writ aforefaid, together with a certain (chedule, and a certain inqui- f:tion before liim by the oaths of twelve, ifr. taken, 'o the fame v/rit annexed, in thefe worrs, to wii, Dorfet, to wit, An inqui- The inqu;fition fu'on indented, taken at Lyme Regis in the countv aforefaid on the fifth day oi ^,eptemher in the third year of the reign of our Lord Ceorge nnv: king of Greaf Rriutin, ^f, and in the year of the Lord 1716, bciore me Niihoiis C^iry, efq: flicriff of the county aforefaid, by virtue of the writ of the faid lord the kinsj to me di- refted, and to this inquifition annexed, by the oaths of 5 Court' Tiey, J. Gur.Jry, ^Sc. good and lawful men of my coumy, who fay upon their oaths, tiiat the within named Solomon Anrlreiv (iied That the huf- fcifed in his dtmcfne as of fee of and in one meifuagc called the !?'/"j''.""' Ceor^e Inn, one ftable and -"ne clofe of meadow called, i!fc. (naming ffjeral particular s) fi'uate, lyirtg and being in Cathe^ on l.evfon in the {^arifli o'i iVfrt church in the county aforefaid, and tt and in ^l. igr, 4,/. iffuing from and out of the following jntfiuages in LymeRe^is aforefaid, to wit, of \Os. rent ifluing from and out of a mi fluagc in the tenure, of A. R. of lof. rent ifluing from and (uir ct a mcfluage in the tenure of y. T of JO f. rem fluirg from and out of a mcfTuage in the tenure of F. ^. Vol. I. Y ^ igoX Dower, of km; rent ilTuing from and out of a mcfluage in the tenure of J. H. of 105. rent ifluing from and out of a mefTuage in the tenure of /^. 5. ot los. rent iffuing from and out of a mefluage in the tenure of IV. P. of lO^. rent ifluing from and out of a mefluage 'n the tenure of G. R. of 8j. rent ifl^jing from and out of a mefluage in the tenure of J. P. of Gs. \(i. rent ifluing from and out of a mefluage in the tenure of R. D. of 8s. rent ifluing from and out of a mefluage in the tenure of R. C. of i /. rent ifluing from and out of a mefluagesin the tenure of S. O. and of and in the rcverflon of the fame meflTiages aticr the ex- piration or fooner determination of certain terms of years thereof refpeO;lve!y granted ; and that the faid 5. did not die feifcd of any- other mefliiag-^s, ianr'sor tenements, to the knowledge of the fame jurors: And the jurors aforefaid on their oaths farther fay, that the tenements and preni'flVs above named with the appiirte- The ralue. nances are of the clear yearly value, in a'l iflli-.s bevond reprifes, of6o/. 1 IS. 3 J. and that the faid Brrnt Reynell ^pitler, efq; and The damages /I*, hjs wife, in the writ aforefaid named, have fuilained damages from the Ining jj^, reafon of the detention of the dower within fp.cified from the out th€ oiigi- ^^jj j^y of the ifiliing of the writ original witliin mentioneti be- yond the value aforefaid to lo /. <^s. i \d and for their cofts and chars-es by them about their fuit in that brhalf expended to \Ot. In wiinefs whereof as well I the faid flier'df as the jurors aforefaid r jQ. I have to this inquifition interchangeably fet our feals, the day, year and place abovefaid : And I ''o farther humbly certify to the julV.ces of the lord the king at lVeJ}mi"Pet\ that by virtue of the writ aforefaid 1 did on the 12th day o\Odoher in the 3d year of the reian of the faid now lord the king, ^c. caufe the faid Brent and Mary to have full feifin of the third part of the tenements and rents aforefaid wiih the appur'enances, to wit, oft he faid meflTuage with the appurtenances called the Gejrge-Inn in the tenure of ^. B. the fail mcffjage wi'h the appurtenances, l^c. of the faid I OJ. rent iffuing from and out ot the faid inefTuage in the tenure of y^. /?. of the faid 105. rent iffuing from ami out of the faid mefl"uage in the tenure of 7- 7. of the faid los- rent iffuin^j^ From and out of the faid nr^fTuage in the tenure of F. S. of qj. o.V. 5 rent oarccl of the faid io<- rent iffuing from and out of the faid mefluage in the tenure of J. H. and aFfo of the rever- fion of thefour mefluages laft mentioned, after the expiration or fooner determination of the faid term of years thereof refp-dlve- ]y granted with the appurtenances, to hold to the fame BreiU and M»ry\n feveralty by metes and' bounds as the dower of the faid Mnry, of the en<'owment of the faid SAonmi Aiuireixi her late hufband, as by the writ aforefaid 1 am commanded. Nicholns Cary, efq; fherifF. And becaufe the jufliices here will advife themfelves of and upon the premifles before they give judgment thereoii, day is oiven to the faid Brent Reynell Stiller and Mary here until in the * oftavc Dower. 191 ©iJlave of St. Hillitry to hear their judgment thereon, becaufe judgment to the fame julHces here thereof not yet, ^c. On which day here iccovcr the va- coiDC the fai'.i Btent Reynell Sfdlkr nui^ Mary by their attorney '"« ot i he land aforelaid ; And upon this the premises being feen and by the *'*" *^° '* juftices here more fully unoerilood, it is confidered, that the faid Brent Reynell Spiller and Mary recover againll the faid Sarah as well the value ot the third part aforefaid from the faid day of the ilTiiing of the orvginal writ aforetaid, which amounts to 31 /. 135. 4^. as their damages aforefaid to 10/. i^s, 11 d by the inquifition aforefaid in form aforefaid found, as alfo 12 /. \os. cj d. to the fame brent Reynell Spilier and Mary at their rcqueft for their cods and charges atorefaid by them about their fuit in this behalf expended, and by the court here of increafe adjudged, which faid value and damages in the whole amount 10 55 /. t^e. Y a Eje dementi C 192 J Eje6lment. F.je>rtment for a mrfTiiage, cottage, land, mi-adow and paflure, moiety of a manor, fair and mar- ket, toll, (^c. thereto belong- ing- Smith againft Farmer. Le'icefier, to wit. Tj/'Illiam Farmer ];.re of Ghojlon in tlie county aforefl\id, yeoman, was attached to anfwer to Gccr^e Smith \n a plea, why with force and arms into five nielfu^ges, 20 cottages, 4C0 acres of land, 200 acres of mea- dow ani 400 acres of pafture, with the appurtenances in li^l- Iwm Slaiijlon, Hurhoro-ne and Boivden Mngn/iy and the moiety of the nnror of Harbayoive aforefaid with the appurtenances, and alfo the moiety of the fairs and markets ol Harhoronve afore- faid, of all rolls, llallages, piccages, pontages and other pcrqui- fites, profirs, cuftoms and privileges to the fame manor, fairs and markets belonging and appertaining, which Jo/'u Doziley demif- ed to the fame George for a term which is not yetpaft, he enter- ed, and f?om his farm aforefaid ejedted him, and committed other outrages upon him, to the great damage of the faid George, and againrt the peace of the lord and lady the now king and queen, ^c. And whereas the fame George by IF. P his attorney com- plains, that whereas the faid Jo/in on the 10th day of Oifoher in the third vcar of the reign of the lord and lady the now king and queen, ^c. at IVelhtivt did dcmife to the fame George the tenements, premifies and moiety aforefaid with the appurtenan- ces ; To have and to hold to the famf George and his affigns from the 29'h day oi September then laft paft unto the end and termof feven years from thence next enfuing and fully to be com- pleat and ended: by virtue of which faid demife the fime George into the tenements, premiffes and moiety aforefaid with the ap- purtenances entered, and was thereof pofTefletl, and he the faid George being fo thereof poffelfL^d, the faid iVilli.im Farmer zhcr- wards, to wit, on the faid loth day of Odobtr\n the third year of the reign of the faid now lord and lady the king and queen, ffff. abovefaid, with force and arms into the tenements, premiff.s and moiety aforefaid with the appurtenances, which the faid John to the fame George in form aforefaid demifed for the term aforefaid, which is not yet pall, entered, and him from his farm aforefaid cjedled and other outra ges, l^c. to the great damage, ^f ._ and againft the peace, ^c. whereby he fays that he is prejudiced, and hath damage to the value of 40/. And therefore he produces the fuit, fc5c. Underhill EjedmenC tigz Underhill againft Durham. Iforcejler, to wit. ^Ohn Durham late of IVillerfey in the coun- Declaration of J ty o( Glouce/ier, yeoman, was attached to the mefn<- pro- anfwer Jo'm UndethiU'm a plea, why with force and arms three '^'" '" *? ^}^^' ^ J j-ij ri J ment tried at nielTuaj^es, 500 acres iA land, 200 acres ot meadow, and 200 j,^^^ j^_ jj acres of pafture with the appurtenances in Treddivgton in the w. 3. county of iVorcejler aforefaid, he broke and entered, and him Pra£l. Reg. the faid John Under/ii U (rom the pofTeffion and occupatinn of ths 459- fame tenements fo expelled and amoved for a long time kept out, and alfo all the ifllies and profits of the fame tenements of the yearly value of 200/. for all the time aforefaid, to the pr'^per ufe of him the h\d John Dur/iatn received and had, and com- mitted other outrages upQn him, to the great damage otthe faid Jo/in Underhill, and againft the peace of the now lord the king, i2c. And whereon the fame John Underhill by J. S. his attorney complains, thai the faid John Durham on the firft day of June in the tenth year of the reign of the now lord the king, with force and arms three melTuageS, five acres of land, 200 acres ofmea- [ ^93 J dow, and 200 acres of pafture with the appurtenances in Tred- diagton in the county of H'^orcefter, broke and entered, and hini t;ie faid John Under hill {rom the polTcfilon and occupation of the fame tenements expelled and amoved, and the fame John Under- hill from the poftcflion and occupation of the faid tenements fo expelled and amoved for a long time, to wit, from the faid firft day of June in the loth year abovefaid until the day of the iftu- iiig of the original writ of him th« faid John Underhill, kept our, and alfo all the ifTues and profits of the fame tenements of the yearly value, iffc. for all the time aforefaid, to the proper ufe of bim the faid John Durham leceived and had, and other outrages, fcff. 10 the great damage, l^c. and againft the peace, l^c whereby he (a.vs that he is prejudiced, and hath damage to the value of 40/. And therefore he produces the fuit, i!fc. And the faid 'John Durham by J. UUy his attorney comes Abatetneti{, and defends the force and injury when, ll^c. and prays oy^r of the writ aforefaid ; and it is read to him in thefe words, to w't, IVil- liam, i^c. To the llieriff of M'orcefier greeting : If John Under- bill fhaii give you fecuri'y to profecute his fuit, then put by furety and fafe pledges John Durhatn late of JVillerfry in the county of Ghucefler, yeoman, that he be before ust'rom the day of Edjifr in one month wherever v/e fhall be in Evglnnd, to ihew why with force and arms three meff.iages, 500 acres of land, 200 acres ot meadov, and 200 acres >>f pafture witii ilie appur- tenanc'-s in Tre/'d' nijtnn in your county, he broke and entered, and him the faid J',hn Undei hill from th,- with lorce and arms the faid John Durhmn f^vs thit he is not not name tne . ^ ^ , . . - \ • r \r <.l,,r^,. gudty thereof: Anil -of i-vs he pu:s himfeif upon Me country: a C\ 18. b. And the faid JohnUr.derhiil 1 hereof lihewik', ^c. And as to the Praa. Reg. refidue of the trefpafs aforefai' abov" fuppole.^ to be committed, 96, 6oz. ,{,g jgj^g j^/^^ Durham fays, that the faid JohnUnderhill ought not to have or maintain his aftion aforefaid thereof againft him, because he fays, that the meifuage aforefaid, as alfo the places aforefaid, in which the trefpafs aforefaid is above fuppofed to be committed, are and at the time when the faid trefp'^ls is fuppofed to be committed, were one me! uage called 14'hite-houfe, one other mefiuagc called Black-hotije, one o^her meifuage called Red-houfe, and 500 acres of land called Black-lands, 200 acres of meadow called White-lands, and 200 acres ot pafture called Red-la.ids, with the appurtenances in Treddinglon aforefaid in the county aforefaid ; which faid tenements w:th the appurte- rances are and at the faid tiirie when, l^c. and alfo for all the time aforefaid in the decUrafion aforefaid mentioned, were the proper grounds and freehold of him the faid John Durham .- Wherefore the faid John Durhatn at the time when, l£c. and alfo for all the time aforefaid in the declaration aforefaid mentioned, the faid feveral meffuagic."! and parcels of land, meadow and pafture, as the proper mefluages, lands, ineadovr and pfifture of him the faid John Durham, being in the poiTcffion of the faid J'^hn Durham^ broke and entered, and the pofLfnon and occupation of the fame for all the time rforefaid in (he dfclara:iin afortfaid inentioned kept, and the iffiies and prr.fits of the fime meffnages and tene- ments for all the time aforefaid in the declaration alorefaid men- tioned received and had, as he lawfully mii/ht. And this the fame John Durham is ready to verify : Wherefore he prays judgment if the faid John Urderhill o\i-s\\\. to have or maintain his action aforefaid thereof againll him, ^c. Edw. Nor they. Lucas Ejedment. i^^ Lucas and Lexeme. o N D the faid John by B. H. his attorney comes and defends NJIJidt in e- ^^ the force anfl injury when, i^c. and fays nothing in bar or jeament. .preclufion of the action aforefaid of him the faid Laurence, whereby the fame L//T .1^ » • 1 . »""•'«- of /f;. StrcMr» attached 10 anlwcr James lorke, gent, in a plea, why they with /•/// force and arms one mefliiage, two barns, and 55 acres of frc/Ii ■larfhwith the appurtenances in LyJJ, which Richard Stronphilt P*"^'- ^^ YA 108, 1 4« 4 . gent. ' * I94t Ejedment. gent, demlfcd to the fame 'James for a term which is not yet part, entered, and him from his farm atorcfaid ejected, and commuted oiher outrages upon him, to the great damages ot the faid JuineSf and againlt (he peace ot the now lord the king, l3 c. And where- on the fame James by N . M. his attorney complains, that tiie faid Richard on the yih of Ociuber in the 9th year ot the reign of the row lord the king, at iVL.iJJiom- in the countv aforcfaid, demiled to the fame ytwiesihc tenements atorelaid, with the appurtenan- ces ; '«' o have ana to hold the tenements aforefaid, wuh the ap- purtenances, to the fame James and liis alhgns from the 29'h day o\ ^epiemhtr then laft pall unto the end and term ot five yeais from thence n^xrenluini^ and fully to be compleat and ended: Bv virtue of which demile the lame James into the tenements alorefaid with the appurtenances entered, and was thereof pof- fefTed ; and he the lai' James being fo thereof pofFelTed ihe faid "John Jordan, John Mil'ell ami Ihouias, atterwan s, to wit, the lame -ith day oiO^ioher in the 9th year abovelaid v;ith torce an 1 arms, k5c. into the tenements atorelp.id with the appurtenances, which the faid Richurd to the fame James dcmifed in torm afore- faid for the term aforefaid, which is not yet paft, entered, and him the faid Jan:es from his farm aforefaid ejettc^, and other outrages, f c. to the great dan-.age, iSc. and againft the peace, Is'c. v\ hereby he favs t'hat he is prejudiced, and hath damage to ihe value of 20/. And therefore he produces the luit, tfff. Kotgulltf, And the faid JJ^n Jordan, John Mutell and Thomas, by J. M'^. their attorney come anddetend the force and injury when, iSc. and fay, that they are not guilty ot the trcfpafs and ejeft- nient aforefaid, as the faid James above againlt them com- plains : And of this they put theinfelves on the country : And the faid 7«.*ff likewife ; Therefore the flierift is commanned to caufe to come here in the octave of the purification of the blelTed f IQ"? 1 ^^'y fwelve, i^c. by whom, Ifjc. and who neither, ci^f. to ecognize, ^c. becaufe as well, cff- On which day the jury between the parties aforefaid was put thereof between them ia refpiie here until this day. to wit, from the day of Eafter in fifteen davs, unlefs the juflices of the lord the king, alTigned totake alhlesin the county aforefaid by the form of the ftaiute, 13 E 1 c. 30 ^c.on Tuefday xhe 2\^<^^yo\ March laft paft at Maidjloneui jaEia.'c. 4. ' the county aforefaid , had firft came: At.d now here on this 14 E. 3.C, 16. day come as well the faid James as the faid J-jhn Jordan, John Mittell and Ihomas by their ar'orpies aforel'aid : And the faid jufticcs of atr.ze before whom.. f5'<: have fent here their record "in thefe words : Afterwards, the day and year within coniuned, befnie J. Holt, knt. chief juftice of the lor'^ the king, alTigred "IhtFcJlea- to hold pleas before the king ]\\mic\i, E hired Lancelot Lef this lime afiocia(cd to the lame John fio/t, and Edivnr>l Me-uill, knt. one of the juftices of the faid lord the kincr of tl^e bench, and Nich'jias iechmere, knt. one of the barons of the cxcheouer of the faid loid the king, juftices of the Ejedtment t9^ the faid lord the king alfigned to take aflifes in the county of Kenl by the form of the tlatute, Iffc. the prefence of the laid E(/-vmrJ Netill and Nicholas Lechnere being not expcfted, by virtue of the writ of the laid lord the king of 5/ r.m omnss, 55 f. come as well the within named James Jorke as the within written J^.hn Jordan, John Miltel I 'AvA 7 h. mas Hammond by their attor- Thie jury fin tl, nies within contained : And the jurors of the jury, whereof men- *^|i»* ""=; jo^" tion is within made, beinar called likcwile come, who being ^tronghiii \^i.& I ^ ■ • . , - ''-I 1 /• 1 • !_• • ? leilcd in tee ot ele<5led, tried, and iworn to lay the truth or the within conrame-faid\beinp[ feifed, and before he had any iffue of his body Stronrhill tor i ,• ■ , . '^ ■ i j . c /-> V, 7 • i ^ her liVe arrl iawtully begotten, to wit, on the 2jd day or vjaober m the year afcer ti the of the l.ord 1676, by a certain indenture made between him vr^ of Henry the faid Henry Strorrg/iill oi the one part, and Thomas Short and '" ^*=^- William Norris of London, g? nt. of the other part, bearing date the fame dav and year, in confideration of 5 s. in the intlenture r /- -J aforefaid mentioned to be by the faid T. Short and William * -^ -■ Norris to hiiK the faid Henry Stronghill paid, he the fail Henry Stronghill (Xxd. demife to the faid Thomas Short and William Nor- ris the tenements aforefaid in the declaration aforefaid menti- oned with the appurtenances ; To have and to hold to the fame Thomas Short and JVilUnni Norris from the day next before the day of the date of the laid indenture for one whole year from thence next enfuing, as by the indenture aforefaid to the jurors afore- faid in evidence fliewn more fully appears; By virtue where- of thev the faid Thomas Short and William Norris into the tenements aforefaid with the appurtenances in the declaration aforefaid mentioned entered, and were thereof polfc-ffed for ^he term aforefaid ; and being fo thereof pofTeffed afterwards, to •wit, en the 24.th day of the fame month oiOdoher in the year ©f the Lord laft abovefaid, by a certain indenture quadripar- tite made b<^tween him the faid Henry Stronghill of the firft part, the faid Thomas Shgrt and Wiiliafn Norrts of the fecond part, one William Lo^ve oi Chifwicke'm the county of Middle- sex, gent, of the third part, and Judith Stronghill of Lond^n^ widow, relict of the faid John Stronghill and niother of the faid Jienry Stronghill, of the fourth part, bearing date the fame day and year, he the faid Henry Stronghill granted, remifed, releaf- cd, quit-claimed and confirmed to the faid Thomas Short and M^illiam Norris and their heirs, then being in their^ aftual pof- fefiior. ^among other thing?) the tenements aforefaid with the appurtenances And for tf-e cutting uff ail elUtes-taii Short and Nor- r:! I^alj permit; Lczve to bring- FriFcipe agaiatj; them. Eje£lment 19& a^jpurtenances in the declaration aforefaid mentioned ; To Iiave an to hold to the faid Thomas Short and IVtlliam Norris, their heirs and afllgns, to the u(e of the laid Judith Strcnghill and her afli'Ds, for and during the term of her natural life ; and after the deceafe of the fai. Judith, to the ufe ot the faiu Hemy Slroi^hiil, his heirs and afiigns for ever: And the fame jurors .on thciv oath aforefaid farther fay, that in the faid indenture laft mentioned is contained this claufe follov/ing, to wit, And for the better corroboration of thefc prefents, and for the barring, cutting off, and v/holiy extinguifliing of all and all manner of eftaies-tail, ando'.her eilates and remainders limited, made, done or executed, of, in or concerning the premiiT^^s, or any part thereof, by the faid John St)-ong'-,iU deceafed, or by any oiher perfonor perfons, it is covenanted, concluded and fully agreed by and between all the faid parties to thefe prefents, that the ("aid 'Thomas Short and William Korris, and their heirs, flnll and will permit and fiiffer the faid iVi'liam Loz.oe to bring and purfue ag^ainrt them the faid '1 homas Short and IVilliam A'orriF one or more v^rit or writs cfenrry on Dijfrijin in le pijl, re-, turnable before his nnjefty's jufliccs of the court of common pleas at W^efiinlnfter beiore the end of this prefent Michmlmas term, bv which be the faid IVilUam Lotjoe fliaii demand againft them the faid Thomas Short and William Kett,n, as his nglit and inheritance ; and in whicli the fame 'Thirnas Short and pFillium horris had not had entry but after the dilFeifin which Hugh Hunt thereof unjuftly and without judgment had made on the faid l^Vdliam t.oive wiihin 30 years, isc. And whtreon he (aid, that he hirafelf was feifed of xlie lenemencs aforcfaid with the appurtenances iu his demcfne as of fee and rijiit in the time of peace in the time of the faid late lord the king, by taking thereof the efplees to the value, ijc. and in v.'hich, iffc. And therefore he produces the fuir, iyc. And the laid Tftomus Short and IV. Sorris Cime and defended his riglit v^hen, ISc. And called thereof to warranty the iaid Henry Strong- hilly who v/as then prtftnt in court in his proper perfyn, and free- ly warranted to them the tenements aforefaid with the appur- tenances, ^c. And upon that the faid l'/. lovue demanded againfl; the faid Henry tenaut by his warranty the tenements aforefaid with the appurtenances in form aforefaid : And whereon he faid that he himfeif was feifed of the tenements aforefaid witii the ap- purtenances in his demefne as of tee and right in the time of peace> in the time of the late lord the king, by taking thereof the ef- plees to the, value, 6ffc. and in which, tjV. Ana then. fore he pro- duced the fu;t, iffc. And the faid Henry tenant by his warran'f defended his riffht when, i^c. and farther called thereof to war- ranty J.lVheeler, who likcwife was then prefent in court in his proper ptrfon, and freely yarranted to him the tenements aforcfaid with the appurtenances, l^c. And thereupon the faid V/. Lo'we demanded againlt the faid J. iVheeler tenant by his warranty the tenements aforefaid with the appurtenances ia form aforefaid, 15 c. And whtreon he faid, that he himfeif was feited of the tenements aforefaid with the appurtenances in his l^emefne as of tee and right in time of peace in the time of the faid Ure lord the king, bv taking thereof the efplccs to the value, yc. and in which, ci'f. And therefore he produced the fuit, Ciff And the faid 'f. IVheeUr tenant by his warranty de- fended his ri^ht when 'i^c. And faid, that the faid Hu^h did not difTeiffl Ejedment. diffeife the faid IV. Loive of the tenements afo'efait^ w'nh tl-.e appurtenances, as the laid WillidTn by liis writ and count atore- faii^ above fuppofed : And upon this he put himlclf on the country, l^c. And the l'a;d // '. Lotve prayed leave to imparl thereto, and nad, i^c. And attcrwarns the faiii IF. Loive came back into court in ihe lame term in his proper perfon ; and the faid y. H'heeler, altho' Iblenmly called, did not come back, but departea in contempt of the court and made default : Therefore Jt was conf.dered that the laid IV. Loive iliould rtcoverhis leifirs againlt the fatd 1 homas and IV. Aorris of the tenemenrs aforelaid v.'ith the appurtenances, and that the fame 'Thomas and IV. Norris flioiilo h-ive of the land o'. the laid Henry to the value, ^f- Ano that the lame Henry fhould have over of the land of the fall) J. Wheeler to the value, ^Sc and that the faid J. Wheeler ihould then be in mercy, ^c. And therefore the faid W Loive prayed the writ of the laid late lord the king to the flieriifof the county aforefaid to be direftee"", to caufe him to have full fcifin ©f the tenements atorefaid with the appurtenances ; and it was granted him returnable then without delay, l^c. Afterwards, to wit, on the 28th ('ay of hJoDember in that lame term, came then inro court the faid W. Loive in his proper perfon ; and the ll;e- rilf, to wit, J. Cutler, knt. and bart. then returned, that he, bv virtue of that writ to him direfted, on the 23d day of Nni>et>iher then laft paft, had caufed the faid IV. Loive to have full feif.n of ihc tenements aforefaid with the appurtenances, as by thtit writ he was commanded ; And the fame jurors farther on their oath aforefnid fay, that afterwards, to wit, on the ift day of Mny 1678, and not before, the faid Henry Stro'^ghitl had ifTue of his body lawfully begotten the within named Richard Slronghi!h''ne lelfjr of the plaintiff his firft begotten and only fon : -And the fainejwrors on their oath aiorefaid farther fav, that the laid Jn- dith afterwards, to wir, on the firll day oi May 167Q died To as aforefaid feifed ; after whofe death the faid Henry into die tene- ments atorcfaid with the appurtenances whereof, ^c. entered, and was thereof feifed as the law r^'quires : And afterwards, to wit, on the lo'h day oi Augufi 1681, the faid Henry being fo as aforefaid feifed, by a certain indenture m^de between him the faid Henry Stron^hill of the one part, and John Sympfon of the Inner 'J emple London, knt. of the other part, for and in confideraiion of 5 s. of lawful money of En^ir/nd'in the indenture aforefaid menti- oned to be by the faid John ^Symf'fon to him the faid Henry Stio"y~ hill pa'] \, he the laid Henry Si r on f hill dn] demife, bargain and fell to the laid John Sympfon the tenements aforefaid with the appur- tenancirs in the declaration aforefaid mentioned (among other ibiri'^s ;) To have and to hold (o the fiid Juhn Sytnf>fon from the ieaa of St John the baptilt lalt part bel .r the date of the indenture aforefiid for the term of fix months from thence next enfuing, as by the indenture aforefaid to the jurors aforelaid \r\ evidence fhewn mor^ full/ appears ; hy virtue whewof he the »97 V/rit of feiCn awarded ; returned. Tlien Henry harf iiFuc ttic 1( (Tor of the I'iaintifF. '^'./^fVAdleda-t' Henry enicrrrl, 3nd conveyed tr^ SytTpfon by Icaic and je<- Icafe. ^ 97 I fejedmenf. faid John %ymffon Into the tenements aforefaiu with the appur- tenances in I lie declaration atorefaid mentioned entered, and was thereof pofTc fled for the fame term ; ani being fo thereof poffciP cd afterwards, to wit, on the iith day of the fame month of Auguji in the year of the Lord laft abovefaid, by a certain in- denture made between him the faid Hemy Sttotig/iill o^ the one part, and the fuid John Symfifon of the other part, bearing date the fame day and year, in confideration of the fum of 900/, of law- ful money of England by the faid Jo/m Sympfon to him the laid Hemy Stronghill paid, he the faid Henry Sironghill did grant, bar- [ ^9^ ] g^'". ^'^I') releafe and confirm to the faid John Sympfon and his heirs (then being in his adlual poifeirion, among others,) the te- nements aforefaid with the appurtenances in the declaration aforefaid mentioned ; To have and to hold to the faid John Sywpjon, his heirs and afligns, to the only proper ufe and behoof A covensnt to of the faid John Sympfon his heirs and aihgns for ever ; And the fufFtr recovery jurors aforefaid on their oath aforefaid farther fay, that in the thereupon. f^j^j indenture laft mentioned are contained the claufcs following, so wit. And the faid Henry Sironghill for himfelf, his heirs, exe- cutors and adminirtrators, and for every of them, doth farther covenant, promife and grant to and with the faid Sir John Sytnp- fon, his heirs and afligns, for the farther and better granting and afl'uring the faid feveral pieces and parcels of freflimarfh- grounds, lands, wood-grounds, tenements and hereditaments, and all other the premifles, and every part and parcel thereof, with their and tVQry of their appurtenances, unto the faid Sir J. Symp foiifh'is heirs and afligns, for the intent aforefaid, that he the faid H. Stronghill fhall and will before the end of Michaelmas term next enfuing the date of thefe prefents, upon the requefl: of the faid Sir John Sympfon, and at the cofl:s and charges of him the faid Henry Stronghill, fuffer or caufe to be fufFered one or more good and perfeft common recovery or recoveries before the judges of his majefty's court of common pleas at JVeflmir.Jler, according to the ufual and common order and form of common recoveries for aflurances of lands in fuch cafes ufed ; and alfo that he the faid Henry Sironghill ihM and will from time to time, and at all limes hereafter within the fpace of one year next CHfuing; the date of ihefe prefents, and upon the requeft of the faid Sir John Sympfon, and at the cofts and charges in the law of him the faid Henry Stronghill, his heirs and alhgns, make, do, at knowledge, levy, fufter and execute, or caufe to be made, done, acknowledged, levied, executed and fufFered,' all and every fuch farther and other lawful and reafonable aft and afls, deed and deeds, con- veyances and aflurances in the law whatfoevcr, for the farther and better granting, conveying and afl'uring the faid feveral pieces or parcels of frefh marfh-grounds, lands, wood-grounds, tenements and hereditaments, and all other the premifles, and every part and parcel thereof, with their and every of their ap- purt€nances> »nto the faid §ir Jsh/t Sjmpjon, his heirs and afll^cs Ejedment. I9S The u(e3; Recovery Cuei attain ft Jokx r.fiigns for ever, be it by one or more fine or fines, common re- covery or recoveries, with fingle or double voucher or vouchers, feofiuieiit, releafe with warranty, or by any other lawful ways or means whaifoever, as by the laid Sir Jo/iti Sy»ipfon, his heirs or affigns, or by his or their counfel learned in the law, iliall ba reafonab'y devifed, advifed or required, fo that the parry or parlies, that by the force of this covenant fliall be to make fuch farther alTurances, be not for the doing thereof compelled or compellable to travel or go farther than the cities of London or Weliminlltv for doing of the fame j which faid fine or fines, re- covery or recoveries, conveyances and alTurances of the premif- fes Heretofore made, or hereafter to be made of the premifles, with the appurtenances, ftiall be and enure, and fliail be ad- judged, deemed, conftrued and taken to be and enure, to the only ufe anr, behoof of the faid Sir John Sympfon, his heirs and alu'Jns for iVcr, and to and for no other ufe, intent or purpofe whatfoever, as by tlie indenture aforefaid to the jurors atorefaid in evidence fhown more fully appears : And the jurors aforefaid on their oath afo-efaid farther fay, that one Fiancis TivyfJen, efq; out of the court of chancery of the lord Charles the fecond, ]ate king of England, profecuted againtl him the faid John Symp- fon a certain writ of the faid lord the king of entry on Diffeiftn in le pojl, returnable before the juftices of the faid lord the king of the bench at WeJIminfter in the county of Middlefex from the day of St. Michael in three weeks then next following, by which faid writ the faid Francis 7vjyfden demanded againfl: the faid John Sympfon the tenements aforefaid with the appurtenances in the declaration aforefaid mentioned (among others) by the name of one meffuage, one garden, i 20 acres of land, 30 acres ot wood, J 20 acres offrefh marfli with the appurtenances in the parilla of Ne-uc Churchy LuJdanA Riverton, as his right and inheritanre, and into which the faid Jihn had rot entry but after the difK-ifin, which Hugh Hunt thereof unjuftly and without judgment made on the faid Francis within thirty years, l^c. 'And whereon he faid, that he himfelf was feifed of the tenements aforefaid with the appurtenances in his demefne as of fee and right in the time of peace in the time of the faid then lord the king, bv taking thereof the efplecs to the value, l^c. And in which, l^c And therefore he produced the fuit, i^c. And the faid John in Ills proper perfon came and defended his right, when, ©r. and called thereof to warranty the faid Henry Stronghill, gent, who was then prefent in court in his proper perfon, and freely the tenements aforefaid v.'i'.h the appurtenances to the r ,qq ] faid John warranted ; and thereupon the faid Francis demanded agiinft 'lini the fa'd /vVwfy tenant by his warranty the tenements alorefaid v;ith the appurtenances in form aforefaid ; and whereon he (aid, that he himfelf was feifed of the tenements aforefaid with the appurtenanci:s in his demefne as of tee and ri^hi in the lime of peace in the time of the faid then lord the king, Who vouched Henry Sltom- htll. 199 Wno vouched (he common vouchee- Wilt offclCn, The retnri?. f'ympl'in enter- ed and oied feiUd. Themes ^ymp^^n his Ion and heir entered. Bje(flmerTto' liog, by taking tlie efplees thereof to the valjif, ^c. And Vi» viiith, ^V. And ilieretore lie produced the fuir, i^jc. And rhe laid Henry, tenant by his warranty, dcfsndcv' his right when, ^r, and I an her called thercot to warranty /. IVheeler., who was then likewile prclent in court in his proper perf )n, and freely the te- nements rtforcfaid with the appurtenances to the faid Henry war- ranted, iSc. And thereupon the faiJ Francis demanded againil the faiii J- IVheeler tenant by his warrant v the tenements afore- laid wiih the appurtenances in form aforelaid, ^c. And whereon be laid, that he himftlf was leilcd of the tenements aforefuid with the appurienai>ces in his demefne as of fee and right in the time of peace in the time ot the faid then lord the king, by taking the cfpKes thereof 10 the value, i5c And in which, iSc. And there- fore he thtn produced the fuit. i^c. And the faid ^. IVheeler tenant bv his v.ananiy deftnce< his rig_ht when,yc. and faid that the faid Hiigh ciid not difftfife the faid Francis of the tenemenrs afor.faid with the appurtenances, as the fame Francis by his writ and count aiorefaia above fuppofed : And of this he put himfelf upon ti)e country: And thereupon the faid Fruv.cis prayed leave to imparl, and had, If^c. And afterwards the faid trnncis came back then into court in that ffrne term in his proper perfon : and the faid J. IVheeler, altho' folemnly called, did not return, but in conteiDpt ot the coun departed and made default: Therefore it is confulered, that the faid Francij fliould recover his feifin flgr.inft the faid J Sympfon of the tentmenis aforefaid with the ap- purtenances, and that tht fnme J Rympfon fiiould have of the land of the faid Henry to the value, (5c. and that the fame Henry fliould farther hive of the land of the faid J. Wheeler to the value, fifr. And tht' fame J. IVhieler in mercy, l^c And there- upon the faid Fmr.cis prayed the writ of the faid late lord the king-, to the flieriftof the county aforefaid to be direfted, to caufe him to have full feifin of the tenements aforefaid with the appurtenances; and it was granted him, returnable on the morrow ot St. A-/(2»7/«then next : On which rav before the faid judices of the (aid late lord the king at PFtJlmipJler came the faid Francis in his proper perfon ; and the flier If, to wit,G. Atkins, efqj thea returned, that he by virtue of the faid writ to him directed, ha^'i on the 31ft dav of d"c'/'fr then laft paft caufed the faid Francis to have full feifin of tl-.e tenements aforefaid with the appurtenan- ces, as he was by that writ commanded : By virtue whereot the fame J. Sympfon into the tenements aforefaid with the appurtenan- ces (whereof the tenements aforefaid with the appurtenances in the declaration aforefaid meniioned are parcel) entered, and w&s thereof feited, as the law^ requires ; and being fo thereof leifed afterwards, to wit, on the firft day o^ May 1683 died lo there- of fe' ft fl» after whofe death the tenements aforefaid with the ap- purtenances whereof, k'r. defcended to T. Syinpjhn, the only fof» and heir of him the faid J. Sywpfon; by viriu^^ whereof the fameT- Sympfnn the fon into the tenements aforefaid v^ith the appur- tenances whereof, ^f. entered, and was thereof feifed as the law Ejcament. J i99 requires : And afterwards, to wit, on the i6th day of V.oi-err.hcr 1683, the laid T. iVyw^yow being lo as aforelaid fcifed, by a cer- tain indenture tripartite, made between them the faid hi. Strorg- hiltun^T. Fympfon o^ the firlt part, //. Oxenden, elq; by the name of //. Oxemien of Deane in the parifli of IVingham in the county of Kent, efi.^; of the fecond part, and G. Oxentl^n, bv' the name of G.Oxenrien oi Do.'^ors i.'omrwvs, lonihn, <^.o&:ot ot laws, and R. Oxeru/en o'l Gmys Inn in the coi!nrv of Mid'lefcx, efq ; of the third part, bearing date the fame day and year, tor and in confideration of the fum of 5^. of lawful inonej of fng- land \n the indenuire aforefaid mtniioned, to be to them the faid JH. Sirorg/iil/ ind T. Syvi/fon paici, they the faid H. SjronghiH and *T . Symffon bargained and fold to the faid G. Oxemien and /?► And ^«• and Oxenden the tenements aforefaid with the appurtenances in the f^^f*^ Strong-- declaration aforefaid mentioned (among otht-r) ; to have and to j-^i^ and'rdclfc hold to the fame G. and R. from the day next before the day of conv. y to G, the date of the indenture aforelaid for the term of one year from and AT. Oxtn- thence next ei.fuing, to the intent that by virtue of the indenture ^^ l^ ^^' aforefaid, and by force of the ftaiute for transferring ufes into pof- 1 ' - > • ftflion, the faid G. and R, might be in the f.ftual pclTirfTion ct the premifTes v.hereof,£5r.and enabkd to make a grant and releafe of the reverfion and inheritance thereof to them the faid G. and R. and their heirs, to the ufes, intents and purpofes, to be limited, expreflcd and declared, as bv the indenture aforefaid to the jurors aforefaid in evidence fliewn more fully appears : By virtue wnere- of they the faid G. Oxenden and R. OxenJen into the tenements aforefaid with the appurtenances in the declaration 'aioielaiii mentioned entered, and v^ere thereof polTcfrvd for the term afore- faid ; and being fo thereof poffcfied afterwards, to wit, on the I 7th dav of Kouember in the year laft abovtfaid, by a certain in- denture tripartite made between them the faid //. 6'. and T. i\ of the firfi part, the faid //. O. of the fecond part, and G. O. and R.O. of the th'rd parf, bearing date the fame day and year, in confideration of 995/. 5'- '^f lawful monev of hrglnr.d by the faid H. O. to hin)"rhe faid T. S. and of 844/. > ^s. of like lawful money oi Enpltindhy the faid //. O. to him the faid Hemy Stiorg- r ^qq J /lili paid, they the faid T/jomas Symfifon and Henry ^irorghiU granted, bargained, fold, alii-md, relcafed and confirmed to the fa'd George Oxenden and Richard Oxenden, then in their aflual poniflinn (imong others) the tenements aforefaid with the appurtenarccs in the ileclararion aforefaid mentioned ; 'I'o have and to hold to the faid Gfor^^ Oxenden and Richord Oxcntfen, their heirs and afTigns for ever: And the fame jurors on tlicir , oath aforefaid farther fay, that in the indenture aforefaid lalt mentioned is contained this claufe following, to wit, And the covenant Tor faid Henry Siron^f.ill and 1 homas Symffon for (heirifelves feverally, faiilitr afTu- iind for their ftvcral heirs and afligns, do covenant and grant to ra"c<-- and with the faid Gec/rge Oxenden nm\ Fh/.fird Oxenden, and their lieirs and affigns, and every of thein, by ihcfe prefents, that they the faid Henry S/ror'^/iHl and Thomas Fyhif-fon, ^nd tlicir heirs. Vol. I. Z and 200 Ejedment. and alfo all and every other pcrfon and perlons lawfully having or claiming, or which fliall or may at any time hereafter have or lawfully claim any ellate, title or infert.ll, of, in or to the pre- n)!ire3 hereby granted, or of, in or to any part or parcel thereof, by, from or under them, or the faid Sir John Sympfon, or any or either of thciii, fliill and will from time to time and at all times ".'hereafter, for and during the fpaceof leven years next nfier the date of thefe prcfcnts, at and upon the reafonable requeib, cofts and charges in the law of the faid d^orge Oxetulen and Richard Oxenden, their heirs and afligns, or fome of them, do, n)ake, levy, execute and acknov.-ledge, and fuffer or caule to be made, done, acknowledged, levied, executed and fuffered, all and every fuch farther and other lawful aft and afts, thing and things, de- vice and devices, affurance anii allurances, conveyance and con- veyances in the law wharfoever, for the better and mere perfefl: afi'urance, furety, fure-making and conveying, fettling, eftabliiTi- ing and an.1 confirmation of the faid feveral pieces or parcels of fre/li marfli-grounels, land, tenements, woo. -grounds, heredita- ments and piemiffcs, hcrr-by bargained and fold, or mentioned to be hereby bargained and fold, or any of them, and ol every part and parcel thereof, with all and fingular their and every of their appurtenances, unto the laid George Oxenden, -AT^d, Richard Ox- endtn, their heirs and affigns, according to the true intent and meaning ot ihefe prefents, be it by fine or fines, feoffment or feoffments, deed or deeds inrolled or rot inrolled, the inro'ment of thcfe prefents, or otherwife howfoever, as by the faid George Oxenden and Richard Oxender, their heirs and afligns, or any oftKem, or by their or any of their counfel learned in the law, fliall be reafonably advifed, devifed or required, fo as fuch farther atts, things, devifes, affurances and conveyances contain no farther covenant or warranty than in thefe prefents is contained j and fo as the perfon or perfon? who iTiali be required to do, make, levy, execute, acknowledge and fuffer the fame, be not TI:e arcs there- C0":pelleu to travel farther than the cities of fo'idon and Weftmin- of. Jler for the doing thereof: And it is declared, concluded and agreed bv and between all the (aid parties to thefe prefents, and the faid Henry Stror.ghill for hindelf, his heirs, executors and ad- miniftratcrs, coth covenant, promife, declare and agree to and with the faid Henry Qxender, his heirs, executors, adminiflrators and afligns, that a'l and every fine and fines, recovery and reco- veries levied or fuffered by him the faid Hemy Stronghill, or Fran~ ces the now wife of the faid Ilenty Stronghill, feoffment and feoiT- ments, conveyance and afTurance in the law whatibever, hereto- fore had and executed, or hereafter to be had, levied and execu- ted bv and between the faid parties to thcfe prefents, or any of them, or by and between them, or any other pcrfon or perfons of the premiflirs, or any part or parcel thereof, ihall be and enure, and ihall be adjudged, deemed and taken to be and enure, to the only ufe and behoof of the faid George Oxenden and Richard Oxen- den, their heirs and afligns for ever, as by the indenture aforefaid to the Eje£lrnent. 1 2CO die jurors afore ri'J. in eviJer.c.; l>..wn more fully appears: By G. and/?, virtue whereof they the I'aic George OxenJen an.) Richard Oxen- ^^"^'.'^^l^^^l ^fr. into the teriemcnts nforcfaid with the oppurienances in the ^^^ Jv/r.^m declaration aforelaid mentioned (amorg others') entered, v.nd HenryStrcnihill were thereof feifeJ as the law requires ; am' being fo thereof ami nis. v^itc ieiled, aherwsrrts, to wit, \n Mcha^lmas Uttw ii. the year laft Itvy a fine, abovefaiii, a certain fine was leviec" in the court of 'he fai.l late lord C/^/./^j the feconc^, belore Thomas Jones, Hugh IVyndhamt Job Chuiltcn^.nACef'votU Z.^'i^n.z, jufticcs of the faid late lord ihe king of the ber.ch, between the faid Henry Oxetiden, plain- tiff, anu the faid Henry Stror.ghill and the faid Frarces his wife, deforceants, of the tenements aforefaid with the sppurts nances in the declaration aforefaid mentioned (among others) by the r.ame of one barn, 30 acres of wood, and 30 acres of frefh marfli, with the appurtenances in LudJ, and in the parifhes of Neiv Churchy Rumney Murjh, IVo-id Church, Rfvei ion, and Kunertun, orherwife Kenorthir.gtm ; by which faid fine the faid Henry Stronghill f^nJ Frances acknowledged the tenements afore- ^ - jfaid with the appurtenances, whereof, ij^c. (among orhers) to be L ^ ^ ■» ihe right of him the faid Henry Oxenden, as tkofe which the fame He>:ry Gxenden had by the gift of the faid Hen'-y Strorghill &nd Frances, and them they releafed and quitted claim from theni the fain Henry Stronghill and Frances and their heirs fO the faid henry OxenJen and his heirs for ever : And moreover the lame Henry Sirongh:/! and Frances granred for tbemfelves and the h-irs of the faid Henry S.-tonghi/I, that they would warrant to the fcid Henry Oxenden and his heirs the faid tenements with the appur- tenances whereof, i^c. agair.ft the faid Hemy Strorghill and Frances and the heirs of the faid Henry Strorghill for ev^-r; And the jurors aforefaid on their oath aforefaid farther fay. t!iat the fine- aforelaid fo as aforefaid le\i3d, was levied to the ufe ol the faid George Oxenden and Richard Oxenden their heirs and aiTigns, whereby they the faid GcurgeOxenden an ' RichardOxenden were feifed ot the tenements aforefaid with the appurtenances (wherecf the tenements afore faid with the appurtenances in thj declara- tion aforefaid mentioned are parcel) as the law requires : Anl here until on the morrow of the Holy Trinity to hear their judgment thereon, becaufe the fame juftices here thereof not yer, cfc On which day here come as well the faid James as the faid J. Jordan, J. Mittell and Thomas by their attornies aforefai.1 : And becaufe the juftices here will farther advife them- felves of and upon the premilTes before they give judgment there- on, day is farther given to the parties aforefaid here until the day of St. Michael in three weeks to hear their judgment thereon, becaufe the fame juftices here thereof not yet, ISc. On which day here come as well the faid James as the faid J. Jordan, J. Mittell TinA Thomas by their attornies aforefaid : And becaufe the juftices here will farther advife themfelves of and upon the pre- jniU'cs before they give judgment thereon, day is farther given to the parties aforefaid here until in the oflave of St. Hillary to hear their judgment thereon, becaufe the fame juftices here thereof not yet, (^c. Andrews and Lilly, THis indenture made the 23d day of May in the 24th year of Leafc in cjcdl- ihe reign of our fovereign lord Charles l\\Q fecond, by the '!^"^"'' "^^^'^ gTHCC of Goi\ ex England, Scotimt, France and Irelard k\ng, de- arc iloT'in'ha- tcnderof the faith, in the year of the Lord 1680, b-vtwecn Jihn ijitcd, in order y!n frtivt ni the SiranJ, vifluallcr, of the one part, and John to iccovcr ihe lil/y, g.jnt.of the other. witnelVeth. That he the faid Joh'i An- poffcflion. dreixs, for divers gooil caufes and confidcrations him hereunto moving, hath deiififcd, granted and to (arm letten, and doth by ihefe prcfcnts, demife, grant and to farm let unto the faid John Lilly all that his mcffuage, commonly called or known by ilie aauie of ihc Tullow Chandlers Head, filuate, lying and bcins; Z 3 '" '^02 Ejedmcnt. in Eloomjhtiry Mnrket-flace in the parifli of St. Cihs in the Fichlt in the couniy ot Middhjcx^ and in the polTeffion of one Hinry Duv.fciml? ; To have and to hold the preiiiilles -iforefaid with the Praa Rctr appurtenances from the date of ihefe prefents for and during and 45p, ' ' unto the full end and term ot two years froin thence next tnfu- irg and tally to be complete and ended ; Provided always, and upun condition that if the faid John Andreivs his executors or adniinillrators, fl'ial! at any time alter the 30th of this prelent Mfiy tender to the laid John Lilly his executors or adniiniltrators, \s. then this prefent indenture, and every thing herein contain- ed, fliall be void and of none effedl (any thing herein contained to the contrary in any wife notwiihrtanding :) In witnefs where- of the parlies 'abovefaid have hereto interchangeably fet their hands, Cffc. Legaiz-e and Phtner. Rule in ejca- TT qp |g ordered by the confent of the parlies, that Henry Plumer mtnt to make 1 , . , r 1 • i 1 r . . , 1 the icnant dc- jS. be made a cletenilant in the place 01 the now detenciant i-f- tendani, on g'li'Je, and fliall appear without delay at the fuit of the plaintiff, which cofts and tliall receive a declaration in a plea of trelpafs and ejeftincnt " were taxed f, j. ^\^^ tenements in queftion, gnd fliall without delay plead there- rl ?u'^^'l"r " to Not CTuiltv ; and on the tiial of the iflue afi refaid fliall con- fingtbc kale, r r y.^ \ ' r j rv 1 • n c u ^^^ fels the leale, entry and actual ejectment tor the tenements in queition, and fliall infifr on the title only, otherwil'e judgment to be entered for the plaintiff againfl the now detendanc Leguzve by default : And ifon the trial of the iffue aforefaid the fame Hetiry fliall not confefs the leafe, entry and cjedlinent, whereby the plaintirF fliall not be able to prolecute his writ againft the faid Htr.ty, then no co'ds or charges fliall upon fuch nonp'ofs be adjudged, but that the faid //f«rj iliall pay to the faid plaintiff the colb and charges therton to be taxed : And it is farther or- dered, that ifon the trial of the iffue a vercift fiiali be given for the defendant Henry, or if it fhall happen that the plaintiff ffiall rot farther profecute his writ aforelaiJ ag?.intl the faid HcKiy for any other caufe than for not confeffinr^ the leale, entry and attual ejtflment at'orefaid, that then the leffor of the plainiilf aforefaid fhall pay to the faid Henry the cofls and charges by the court here to be taxed. Jo/in Po-^vell H. for the plaintiff. lcrcoftsi2/. ' Z,. for the defendant. {20-1 Leake againft Legaive. Declarathn in cjeftment by Midd\ to wit. T A-ivrenre Legaive, late of LordsK, gen% was attached to anfwer Thotnns Lea/:e, gent, in a oneina to be 4 plea ^v]iv with force and arms he into three meffuaaeF, jo acres OClivcted ti> ' . , , ■ -- , 1 r n • I I the tenant to ot land, 20 acres of meadow, and 10 acres ot palture with the compel him to Eppurtcnarces in Hadley, which the honourable P'^ere Bootky appfar. fpinfte/, Saik. 434, Ejedment. ^03 fpinfter, to the fame Thomas demifed for a term wliith is not yet psffed, entered, and him from his fariji aforefaid ejcdted, and committed other outrages on him, to tlie great damage of the faid Thomas, and againft the peace of the now lady the queen, Ijjc. And whercon the faid Thomas Leake by 'John Lilly his attor- ney con)plains, that whereas the faid Vere Booth on the 20th day ot November in the firil year of the reign ot the lady Anne, now queen of England, Isfc. demife.l to the fame Thomas the tene- ments aforefaid with the appurtenances ; To have and to hold the tenements aforefaid with the appurtenances to the fame Thomas and his ailigns from the 17th day of the fame month of November then lail patl unto the end and term ot five years from thence next enfuing and fuliy to be compleat and ended ; by virtue of which faid demife the fame 1 hcmas into the tenements aforefaid with the appurtenances, entered, and was there of poffefTed ; and he the taid Thomas being fo thereof pofleifed, the laid l.axtjrencg at'terwards, to wit, on the fame 20th dav of No~jembcr in the firfl; vear abovefaid, with force and arms, i^c. info the tenements aforefaid with the appurtenances, which the faid Fere Bojth to the fame Thomas in form aforefaid demifed for the term aforefaid, which is not yet pail, entered, and him the faid Thomas from his farm aforefaid ejefted, and other outrages, Iffc. to the great damage, ^c. and againti the peace, i^c. whereby he fays that he is prejudiced, and hath damage to the value of 40/. And therefore he produces the fuit, l^c. Notice, To Sir William Buck, bart. I am informed that you are in pofTeflion, or claim title to the premifles in this declaration of ejectment mentioned, or to fome part thereof ; and being fned in this ailion as a cafual ejcdor, and having no claim or title to the fame, do advife you to iippear the firftday of the next Hillay term in his mnjefty's court of queen's bench at IVefuninfler by fome attorney of that court, and then and there by rule of the fame court to caufe yourfelf to be uiade defendant in my flead j otherwife I iliall fuffer a judgment to be f ntered againft me, and you will be turned out of poflcfllon. Your loving friend, Luvore7:ce I^egaive. Unlefs the tenant in poffejjfivt /hnll appear and pteni to ijfue Rule on motion rvithin one -week next after the end uf this term, let judgment •" ^^^ court he entered fur the pLiinliff apainll tfie nviv defendant i.e^awe. , ^T '^l^'-'^l-Jr On the motion oj Mr- Krodri'.k. appear aud By the court. r'=»'J- Z 4 Cetwect\ 20' Ejedment. AfFidavit of the dclivey of the declaration to the tenant in pifTcffion. Pria. Reg, 44i 4^- And to the tenant's wife, { 20| J And to the fer- vant of the te- DiQt. N. B. ThiV i^ not goori,unIefs it appears to have been re- ce-y-^ by the tenant. r Thomas IFoo^fjelJ, plaintiff, T ween < and i In cj (^ IVilliam E^ans, defendant, j C(5tment< //; t/i le queen s bench. T. T. clerk to John i'tlly, gf nt. one of the attornies of this court, niakefh oath, that he tiid upon Salurtlay the jyth day of this inflant January, deliver a copy of the declaration hereunto annexed unto Mmthn Fothi/ier, tenant in pofTvffion of part of the preniiifes in ihe faid declaration nuntioned ; anil alio on the fame day did deliver one othi'r copy of the faid declaration unto Margaret the wife oi Daniel Cune, one other tenant in pofTclTion of other part of the premiirrs in the faid de«laratioii meniioned ; and alfo on the finic day did deliver one oiher conv of ihe fail declaration unto the wife of Mr. Amos, one orher tenant in pof- leifion of other part of the premi/lls in the f;iid declaration men- tioned : And this deponent farther fairh, that he did upon Mou- day the iqth dayot the fame month of y^^/w^/^j deliver one other copy of the faid declaraiion unto Mrs. Hotufen, one other tenant in pOikirion of other part of the premifTes in the faid declaration mentioned ; and then did alfo deliver one other copy of the faid I'.claratioii unto ///£> maid let i- ant «/ Ma-. Wheallers, her mafter, one other tenant in pofRilinn of other part of the prtmifles \n the faid declaration alfo meniioned, being at fea, and the millrefs his wife being fick in bed, as the faid fervant told this deponent : And this deponent farther faith, that he told them all fevcrally, that it was a declaration in ejeftiiient, and unlefs they did ap- pear by foiiie attorney of the court of queen's bench this prefent Hillary term, there would be judgment thereupon againtl: the defendant by default, and they would be turned out of poiftirion, or words to that ji, Richard Higby, 'I ho. Higby, Tho. Dreiu and Dorothy his five pills to be vvite, on ihe firft day of January in thc 9th year of the reign of S Vk VoT ^^'^ '^''■' ^^'"^^''"" f'i<^ third, now king of England, ^c. at the Pracr. Rc<'. parifli ot yJ. in the countv aforefaid, by their certain iniienturc 454, 560. then and there made between ihem the (aid J. litghy, R. U. Iffc. The di-inife of on the one part, and the laid IVilli/nn Fijher of the other part, three fitih Q,^g pjjj.j Q^ which faid indenture fealed with the feals of them ^^' " ' the laid y. H. R. H. l^c. the fame IVilliam Fi/her here in court produces, bearing date the fame day and year, did demife, grant, and to farni let, to the fame M''. Fi/her three parts, in five parts to be divided, of one iiifiTaagc, 50 acres of Iznd, 50 acres of niea>iow, and 50 acres of pafture with the appurtenances in the pariili of B. aforefaid in the county aforefaid i To have and to hold the fame three parts of the tenements aforefaid, in five parts to be divided, to the fame IV. Fi/her and his affigns from the fealt of the Birth of our Lord then laft paft unto the full end and term of leven years from thence next enluing and fully to be com- pleat and ended : Yielding and pjying therefore to the fame J. H.R. H. i^c. during the term aforefaid the yearly rent of lof. as by the fame indenture, among other things, is more fully ma- The litmirr of iiifell and appears : And that by a certain other indenture made one firth pait. at the" parifli aforefaid in the county aforefaid, on the faid firft day of y^ffMrt'^ in the grh year abovefaid, between J. F. and E. his wife, A. S. and C. S. of the one part, and the faid fV. Fijher of the other part, which other part of the faid other indenture feal- ed with the feal of them the faid J. F. and K. his wife, y/. S. and C S. the fam.e IV. Fi/her here in court produces, bearing date the fame day and year, the fame J. F. and E. his wife A. S. and C. S. did demife, grant and to farm let, to the faid (V. Fi/Iier one other fifth part, in five parts to be divided, of the tenements rforelaid with the appurtenances ; To have and to hold the fame fifth p^rt of the faid tenements with the appurtenances to the fame IV. Fi/hier and his aifigns from the faid feaft of the Birth of # our Lord then laft paft unto the full end and term of feven years from thence next enfuing and fully to be compleat and ended ; Yielding and paying therefore to the faid J. F. and E. his wife, >#. and C. duringthe term aforel'aid, the yearly rent of 55. as by tlie fame indenture is alio more fully manifeft and appears ; By virtue of which faid leveral demifts the faine 14''. Fi//ier into the tenements aforefaid with the appurtenances entered, and was Utereof poff<.ffcd until tiie faid James IVigg and John J^icholls after- Ejectment. 1 205 afterwards, to wit, on the faid firft day cf January in tlie 9th year abovefaid, with force and arms, l£c. into the tenements Jiforefaid with the appurtenances in and upon the pofleffion of hiiii the faid IV. Fi/her thereof entered, and him the faid JV. Fijhir from his feveral farms aforefaid, his terms afcrefaid there- in not ended, ejedted, compelled and amoved, and him the laid IF. F'/Jnr fo thereout ej.fted, compelled and amoved from his pofllfTion aforefaid thereof kept out, and yet do keep out, and other outrages on him then and there committed, againft the peace of the faid now lord the king, and to the damage of the laid /'f. FiJJier 10/. And therefore he produces the fuit, isc. And the faid James fVigg by R. G. his attorney, and the faid As to tlie force, J. Nichollshy iha faid i?.Cj'. his guardian, by the court of the £?<.•• Not guil- faid now lord the king fpecially admitted, come and defend the '>'« force and injury when, &c. And as to the force and arms, or whatever that is againft the pieace of the faid now lord the king, fay that they are not thereof guilty : And of this they put them- feives on the country : And the faid IF. /V/vt"/- thereof likewife, l^c. And as to the rtfidue of the trefpafs and ejcftnient aforefaid As to the rt^' above fuppofed to be committed, the fame James and Jo/in fay, ^^^ that the that the laid M . tijher ought not to have or maintam his attion copyhold lifcld afcrefaid thereof againft them, becaufe they fay, that the tene- oftbc manor ments afcrefaid with the appurtenances in which, ^c-. are, and f>f -S. whereof '«t the time when, l£c. z% alfo from time out of mind were parcel "^^"^^ Caf'el %nA of the manor of 5. in the county of //i?r//orrf' aforefaid, and copy- -^^(1^ ^^^ hold tenements of the fame manor, and alfodemifed and demifa- ble by copy of court-roll of the faid manor, by the lord of the faid , manor for the time being, to any perfon or pcrfons whomfoever willing to t&ke the fame in fee-(imple, or otherwifc, at the will of the lord according to the cuftom of the manor aforefaid; of Avhich fa;d manor w'.th the appurtenances whererf, l^c. the right honourable dame Eliznheth Capel, widow, and R B- gent, before the lime when, l^c were feifed in rheir demtfne as of fee ; and being thereof fo feifed, afterwards, and before the fuid t'me when, Cffc to wit, at a court of them the faid dame Eliza- hethCfipel, and R. B. of their manor aforefaitl, held at the ma- nor aforefaid on the 15th day of October 1660, the fame dame [ 206 ] Eliznbeth Capel and R. B. by copy of court-roll of the fame manor did grant the tenements with the appurtenances in which. Grant by copjr la^c. to one /i. H. the elder, his heirs am! ailigns for ever, at the V*/^' ^J' ."* , w l!s of the lords of the manor aforefaid according to the cufloin uyjefour Tons of the faid manor : Dy virtue of which faid grant the fnid A. 11. and two the elder into the fame tenements entered, and was feifed in his de- tiaughtcrs. mefne as of fee, at the will of the lords of the manor aforefaid according to the cuftf m of the fame manor, of and in the te- nements aforefaid u'ith the appurtenances in which, ^c. an>l had ifi'ue ^r. //. hiselicft fon, and three other fons, to wit, A. An.irnrrenderf i i?. and J. and two daughters, to wit, G. and J. and that he to hi' witc- fn- ihe fame //. H. the father beinj/ fo thereof feifed, afterwards, and 'i''-..a"<| «"" <- r I • I c_> 1 /- . 11 to III* thrcf beJore the time when, tTr. at that fame court then and tliero held 2o6 Ejedment. younger fons held furrendercd the fame tenements into the hands of the lord and two daugli- an.l laJy of ihe manor aforeUid, to the ufe and behoof of G. ursinir.ei his th'.^n wife, for and during the term ot" her natural life, and ^H.iicd. " ^ alter hc:r di-ccafe to the ufe of ihefaid /^. //. the younger, R. H, and J. H. his three fjns, and G. II.nnA A. H. his two daughters, equally to be divicled, and to their refpcdive heirs and afTigns for ever J and that afterwards, to wit, the fame day, year and place, at the fame court the faid lord and lady of the manor jtforefuid, bv copv of court-roll of the fame manor, granted the teneniciiis aforefaid to the faid G. the wife of the faid A. H the elder, fcr aiid during the term of her natural life, the r^-niainder thereof after her deccafe to the faid A. II. the younger R. H. J. H. G. H. and //. H. the fons and daughters of the faid A. H. the elder and G. his wife, equally to be divided, and to their relpi.(5tive heirs and alhgns for ever, at the v.ill of the lords of the manor aforefaid accor.iing to the ouflom of the fame manor, according to Who V ere td- the form and tfl'tft of the furrender aforefaid ; and the laid G. raitted. the wife of the faid A. H. the elder, and the faid A. H. the youngor, R. H. J. II. G. II. and A. II. v.ere then and there admit- ted tciiati;s thereof in torm aforefaid: By virtue ct which faid grant the faid G. the wife of the faid //. //. the elder, was feifed of the tenements aforefaid in which, ^c. in herdemefne for term of life, the remainder thereof to the fame A. H. the younger, R. II. J. H. G. H. and A. H. equally to be divided, and to their refpeftive heirs belonging, at the will of the lord of the manor And all of aforefaid accordtngto the cuitomof the faid nianor; And the faid them except^. G. thewifeofthe faid A. //. the elder, fo being thereof feifed, af- ^'^d. terwards, an(i before the time v/hen, ^c- to wit, on the firft day oi Mny 1661, at B. aforefaid in the county aforefaid, Hie the faid G. the wife of the faid A. //.the elder, and the faid A. //. the elder, A. H. the younger, R. H. J. H. and G. //. all disd, and the faid A did them furvive, and keep herf-^lf in the tencmeiits Who bcini; aforefai(' in which, i'^c. and was thereof fole feifed by right of fn!c itiitd by furvivorflvp in her demefne as of fee, at the will of the lord 'of took'to'hui^- '''•'^ manor aforefaid according to the cuftom of the faid manor ; Lind J. //.and a"d being fo thereof feifed xht faid A. H'gly afterwards, and bad iiruc one] before the faid time when, If^c to wit, on the firll day of Mav oi :bc dcfea- 1680. at /?. aforefaid took to huihand one J.N. which faid J. and 4. had iilue between them J. Nicfi',Us \\\tu firll begotten fon, now one of the defendants ; and atter-.vards to wit, on the fird day of May 1690, at B. aforefaid the laid J, N. the elder died, and the faid A. N. then there likewife of fuch her eftate di- ed thereof feifed, after whofe death the tenements atorcfaid with Ziiii or'his fi- ti»e appurtenances defccnded to the fanie J. N. now one_ of the tncr and m>.- defendants, as fon and heir of the faid A. whereby the faid J. N. t;-.-^r entertd and ]„jq fj^g tenements aforefaid with the appurtenances entered, and whomTh'^' ""^ ^'^^ thereof feifed in his demefne as of fee, at the will of the lord blJutifF enter- of tl'^ manor according to the cuftom of the faid iiwnor ; andbe- cd, and he and ing fu thereof fcifcd the faid J. H. and R. H. the leiTors, T. H. t!ie nit-;cr di- T. D, Jcndaut ae his \ ftrvjnt, re- «at;red a*, (sfc. da:.i "Who on t'le Ejedment. 1 106 T. D. and his wife, and alfo the QiJ J. F. and E. his v/ife, /f. S. and G. S. on th.Q {a.me firil day oi' Junuayy in the 9th year abovefaid, at B. aforefaid refpeftively made the faid indentures of the faid three fifth parts, and the faid one fifth part of the tenements aforefaid with the appurtenances in which, Ifc. to the faid l^l^. Fi/rier^ as by the declaration aforefaid is fuppofed ; by- colour of which faid indentures the faid IV. F. into the faid tour pans of the tenements aforefaid wiih the appurtenances in which, ^c. before the faid time when, ^r. entered, and was thereof pnfTclTed ; on the poffcfrion of which fiid IF. Fi/'ie?- thereof the fame James and John Nicholls afterward, to wit, the f.ime time when, i^c. into the faid four parts of the tenements aforefaid with the appurtenances, to v.it, the faid J. McAoIls claiming his eftate aforelaid, and the faid James, as his fervant and by hii command thereto entered, and the faid IV. Fi/her from his farm aforefaid thereof ejected, as they lawtuHy might ; And this they are ready to verify: Wherefore they pray judg- ment if the faid W. F, ought to have or maintain his adion aforefaid thereof againft them, l^c. And the faid IV. Fi/lier, as to the faid three fifth parts of the \R«'P'- as to tenements aforefaid with the appurtenances in the firfl: demife three filth parts, aforefaid above mentioned, fays, that he by any thinji by the '""^V^i'j r -J rr J «■ / u • 1 J- II 1 1 1 '^ • 1 ^re copyhold, laid James and John above in pleading alledged ought not to be precluded from his aftion aforefaid thereof againtl them had, becaufe he fays, that right and true it is that the tenements afore- faid with the appurtenances are, and for all the time abovefaid were parcel of the manor aforcfai^l, and demifed and demifable, as by the plea aforefaid is above fuppofed : But the faid PV. Fi/her farther fays, that the faid //. H. and the faid Q. liad iffue between them lawfully begotten one W. H. their eldeft fon and heir, and alfo the faid A. H. the younger, R. H. and J. H. his three fons, and alfo G. I!, and j4. H. his daughter, and furrendcred the te- [ 207 ) nements aforefaid with the appurtenances into the hands of the An<1 Tunendcf lord and lady of the manor aforefaid, to the ufe and behoof of *"'' "'^** the (aid G. his wife for the term of her natural life, and afrer her deceafe, to the ufe of the faid A. //. the younger, R. H. J. H. G. H. and A. H. his fons and daughters, equally to be divided, and their refpeftive heirs and affigns for ever : And af- terwards the faid A. H. the father there died ; and thereupon the fatne dame Qipel and R. B. granted the faid tenements with the appurtenances to the faid G. the wife of the faid A H. the elder, for and during the term of her natural life ; and after her deceafe, to the faid A. H. R. H. J. H. G. II. and A. II. fons and daughters of the faid A. H. the elder and G. his wife, equal- ly to be divided, and to their refpcftive heirs and afligns for ever; to hold at the will of the lords of the manor aforefaid according to the cuffom of the faid manor, as in the plea atbrcfaid is al- ledged : And that the faid G. the wife, by virtue of the furren- Jcr and grant aforefaid, was feifcd of the tenements aforelaid with the •aoy Eje^lmcnt. the appurtenances in her vieniefne for the term of her life, elie re-I uiainitir tliereo: to the fame Tons and daughters at the will oi' the f.iiii lords iiccording to the cufloiii of the manor aforcfaid in form afor.fuid belonging : And that the faid G. the wife of the faid J. H. the elder, and the faid A. H. the younger, R. II. J. II. and G. //. tiie daughter, died, and the faid J. then furvived, and afitrwaids to k to her huiband the faid John Nic/ioL's, and (hey had ifaur between them the faid "J. N. now one of the defen- dants ; and afterwards the faid J. N. the elder and J. died, as hy the plea nforefaid is above fuppofed : But the fame /K Ti/her fays, that the fai<; G. (he v/u'c of the faid A. II. the el- der, died in the life-iimt- »if the faid AH. the younger, R.H. j. H. and G II. the fons and dauglucrs of the faid A. H. the elder and G. his wife, whereby fhr flime A. R. and J. the fons, and the faid G. and v^. the daug*uers, into the tenements aforefaid with the appurtenances entered, and were thereof fcil- ed in conmion in their dcmefne as cf fee at the will of the lotd according to the cuftom of the manor aforefaid ; and being fo thcre> f feifed the faid A. the fon of fiich his eftate of and jn the tenements aforcfaid at B. aforefaid died thereof feifed Tenants incom- without heir ifTuing from his body; after whofe death his pur- mon;three died party, 10 wit, the fifth part ot the teneni-.nts aforefaid with the and tlicii parts appurtenances defcfr:ded to 'he faid IV. 11. as elder brother (leTcrr^led (o ^ j^^;^ j ^^^ ^^.^^ ^ ^|^^ ^^^ ^^^ ^^^ ^^|j ^^ ^j^^ ^^^ of fucH W' H. as elder ,.„ -.-, r r ■ \ • t ^ brother and ''''' eftate ot and m the tenements aforefaid with the appurten- luir. arces there likewife diei' fiifed without heir from his body ifTu- ing ; after whofe death his purparty, to wit, another fifth part of the tenements aforefaid with the appurtenances, defcended to the faid /f^. H. as ehier brother and heir of the fame R. the fon ; and the faid J. the fon of fuch his efiate of and in the tenements aforefaid with the appurtenances there likewife died feifi'd without heir from his body iflijing ; after wliofe death his purparty, to wit, another fifth part of the tenements aforefaid with the appurtenance?, defcended to the laid 14'''. II. as elder brother and heir of the faid J. and by reafon of the premillls the fame IV. H. was feifed of three parts of the tenements afortfaid with the appurterances, in five parts to be divided, in his demefne as of fee a? the will of the lord accord- Cnfiom to fu--* ing to the culTiOm of the manor aforefaid: And the fame //'. render out of p^ farther favs, that within the manor aforefaid there is and '^''"'"'* from time immemorial hath been a certain antient and laudable cuflom u!cd and approved, to w-it, that every cuftomary tenant of the faid manor, being feifed of anv cuftomary lands or tene- incnts of the fame manor in his demtfne as of fee at the will of the lord according to the cufiom of the fame manor and with- in the manor aforefaid, did furrender, and was ufed and ac- cuftomed to furrender at his pleafure, all fuch his cullomary lands an(i tenement", or any part thereof, out of the court of the manor aforefaid, into the hand of the lord or lords of the tiiacor aforefaid for the time bein^, by the hands of two cuf- tomary Ejeamenlv Ijaoy tomarv tenants, to any ufe or ufes whaifoever as to hun iliouid feeiii fit ; and if any luch lurrender out or' the court of ihti manor atorefaid into che haniis of the lord or lores ofthenia- rior atorefaid tor the time being, by the bancs of two cufto- mary tenants, was in form atoruiaid had and made, thiit then fuch furrendcr during all the tiine abcvefaid was prefented, and was ufeu (o be prcfei.ced, at the couris ot the fame manor n.xt foUovving fuch furrendcr at the did mnnor to be hehi : And tiiat the faivi I^V. H. laft named of the faid three parts ot the tenemeDts aforcfai^' with the rippuricnances, in five parts to be divided, in form atoref.id being fcileii, the fame IV. H. afterwards, and be- W. H. furren- fore the fai. time when, ^c. to wit, on the firft day of Au^uftm docd 'J\jj^e^"^'e the 9th year of the reign ot the faid now lord the king abovcfaid, ^her^by dc'vhcd at the p'ariili of B. aforefaid in the county aforefrdd and within thgfg t^^ree the manor aforefaid, furrendered the fame three fifth parts of the part' to the tenements aforefaid wiih the appurtenances into the hands of the pl-i'nMff's ItlTor, lord of the manor aforefaid, by the hands of N. C. and J. J. then iwocuftomary tenants of the manor aforefiid, accorumg to the cuftoin of the faid manor, to fuch uks, intents and purpofes, as he the fame IV,. H. by his lalt will and teRament fliould limit and appoint ; and afterwards, to wit, the fame day and year made his lad will and leftament in writing, and by his faid lall will gave and devifed his fame three fifth parts of the tenements aforefaid with the appurtenances to the faid J. //. R. H.T. H. and D. in the declaration aforefaid above named, being the fons and daugh- ter of the fait //''. ///i^y the father, and their heirs for ever; and afterwards, to wir, on the 10th day of December in the ninth year abovefaid, the faid ^V. Highy the father at the parilli [ 208 ] aforefaid in the county aforefaid died feifed of fuch his eftareof and in the faid three parts of the tenements atorefaid with the' appurtenances ; and afterwards, to wit, at the next court of the The prefent- nianor aforefaid held after the faid furrender, to wit, at the me"fofthe court of the faid manor held withm the manor atord .id on the ^p^,.^ .i^aih of 18th day of December in the 9'h year abovefaid, and the faid ^y^ //. furrender according to the cuftom of the manor aforefaid, and the faid, death of him the faid IV. H the father, by the homage of the faid court was prefented ; and thereupon R. P. and A', The sdmiffion P. then lords of the manor aforefaid, by their then fteward of ^^ ^'{^''^'^j'^j,''^'^'/' the court of that manor, by copy ot court-roll of the laid g'^^^j..'' manor in execution of the will aforefaid granted the fame three fifth parts of the tenements aforefaid with the appurtenances to the faid J. II. R. II. T. H. and D. the fons and daughter of the fail W. II. the father ; To have and to hold to them and their htirs at the will of the lord according to the cullom of the manor aforefaid ; and afterwards, to wir, the fame dnv, year and place hft abovefaid, T. D. took to his wife the faid D. II. and by reafon of the premifles the fame J. H. R. II. and T. //. the fons in their own proper right, and the faid T. IX and B. in the rigju of the fuid D. into the faid three fifth parts cioS Eje6lment. parts of ttie fcnemcnts afortTaid with the appurtenances enrcr- fd, and v/ere, to wit, the fame J. 11. R. H. and 7*. //. the fons in their own proper right, and the faid 7", D. and D. in the right of the faid D. thereof feifed in their demefne as of fee at the will of the lor.i of the manor aforcfaid according to the cuftom ■wl»o drmifed of the faid manor ; and being fo thereof feifed the fame 7. H. R. them to the H. and T. //. the fons, and ihe faid T. D. and D. on the faid firft pluntiff. jjgy of Jtinunry in the 9th year abovefaid at B. aforefaid, into the tenements aforefaid with the appurtenances entered, and by the indenture aforelaid in the declaration aforefaid above fuft men- tioned demifed the fame three fifth pans of the tenements afore- faid with the appurtenances to the fame IV. F. To have and to hold to the fame IV. F. and his afiigns from the faid feaft of the B'rrth of our Lord then laft pad unto the full cn.i and term afore- faid of (even years from thence next enfuing and fully to be com«* pleat and ended : By virtue of which faid deinife the fune IV. F. into the fame three fifth parts of the tenements aforefai.1 with the appurtenances entered, and was thereof poffefied, until the faid James nnd J, Nicholls afterwards, to wit, the fame ift dav of January in the 9th year abovefaid, into the fame three fifth parts of the tenements aforefaid with the appurtenances, in and upon the poflclfion of him the faid JV. F. entered, and him the faid M^. F. from his farm aforefaid, his term aforefaid therein not ended, ejefted, expelled and amoved, in manner and form as the fame //''. F. above thereof againft the faid James zn6 J. N. com- plains: And this he is ready to verify: Wherefore he prays judgment, and his damages by reafon of the faid trefpafs arid Tlie like ple» ^jeftment, to be adjudged to him, ^c. And as to the faid fifth to the other ' P^rt of the tenements aforefaid with the appurtenances in the fii'th part. declaration aforefaid abovementioned to be demifed fo the fame H^. F. by the fame J. T. and E. his wife, and J. S. and G. S. fpinfters, the fame iV. F. fays, that he by any thing by the faid James and 'Jo/in above in pleading alledged ought not to be precluded from his aftlon aforefaid thereof againft them had, hecaufe as before he fays, that right and true it is, that the tc- ncmenis aforefaid with the appurtenances arc and for all th« time abovefaid were parcel of the manor aforefaid, and demifed and demifable, as by the plea aforefaid is above alledged ; but the faid IV. F. farther fays, that the faid A. H. the eKier and the faid G. had iflue between them lawfully begotten one IV. H. their eldefl: fon and heir, and alfo the faid A. the younger, R. and J. H. three fons, and alfo the faid G. H. and A. H. his daughters, and furrcndered the ten'^menis aforefaid w'th the appurtenances into the hands of the faid lord and lady of the manor alorefaid, to the ufe and behoof of the faid G. his wife for the term of her natural life, and after her dcceafe to the ufe and behoof of the faid A. H. the younger, R. H. J. H. G. H. and A. H. his fons and daughters equally to be divided, and to their refpcftive heirs and ulTigns for ever j and afterwards th6 , faid Ejedment. 1 208 faid y^. tlie father died ; and thereupon the fald dame C. and R. B lords cf the manor aforeiaid, grafted the tenements afore- faid w th the appurtet\ances to the faid G. the wife of the la:d A. H. the elder, tor and duiing the term of. her natural life; and after her deceafe, to- the faid A. H. R. H. J. H. G H. and A. H. the fons and dsughfers of the faid A. H. the eidfr and G. his wife, equally to be oivided, ard to their r fpcdtive heirs and aiTigns for ever'; and that the faid G. the wife by \irtuf of the furrender and grsnt aforefaid was feifed of the tenements atore- faid v.'ith the appurtenances in her demefne for the term of her life, the remainder thereof to the fame fons and daughters at the will of the lords of the manor aforefaid according to the cuftom of the faid m^.nor belonging ; and that the faid G. the wife of the faid A. H. the elder A. H. the younger, R H. J. H. and G. H. the daughter, dieH, and the faid //. furvived them ; and after- wards took to her hulbind the faid J. M and they had i/Tue be- tween them the faid Jo/m Nich'Als now one ot the defendants, and afterwards the faici A. died, as by the plea a'"oref;iid above is fuppofed : But the fame IV. F. as before, farther fays, that G. the wife of the faid A. II. the elder di.d in the life-ti.r.e o: the faid A. H. the younger, R. H. J. H. G. H. and A. H. xhi fons and daughters of the faid A. H. the elder ard G. his wife ; whereby the fame A R. and J. the fons. and the faid G. and A. the daughters, into the tenements aforefaid with the appurten- ances entered, and were thereof ftifed in common, to wit, the fame G. rhe daughter of a fifth part of the teneme.-.ts afrefaid with the appurtenances in her demefne as of fee at the will or the lord according to the cuflom of the manor anirefaid ; and be- ing fo thereof feifed the fame C. the daughter, afterwards, and before the faid time when, ^c. at the parifh aforefaid 'ook lo her hufbatKi one J. S. and the fame J. S and G. his wif^'' aHer- [ 209 ] wards, and before the faid time whtn, t5fc. there had ifFue be- tween them lawfully begotten rhe faid E. now the wife ot ihe fald J. F. the faid A. and G. .V. and afterwards, and befor- the faid time v/hen, bV the faid J '^\ and afterwards the faid C. his wife died of fuch their tftate of and in the fame fifth part of the tenements aforefaid with the appurtenances feifed, at'er the death of which faid G. S. the fame fifth part of the tenements aforefaid with the appurtenances dcfccnded to the laid F. now the wife of the faid J F and to the faid A and G. 5. as daugh- ters and coheirs of the faid G- S. late the wife of the fald J. S. whereby the fame J. f. and E. his wife, A. and G. 5 in the lame fifth part of the tenements aforefaid with the appurtenances en- tered, and were, to wit, the fame J. F. and E. his wife, feifed in the right of the fame E. and the faid A ami G. 5. feifed in their own proper rights in their tkmcfne as of tee. at the will of the loril accor.!ing lo ihecuftoni <^i the manor aforefaid ; and being fo thereof feiled the fame J. /'. and E. his wife, A. andG S.on the faid firft day of January in the ninth year abovefaid, at B. Vol. I. A a aforefaid, ^09 Ejedmcnt. aforefaid, by the indentnre aforofaid in the clecKirstion aforefaid above lecond mentioned, deniitevl ihe fame fifth parr of the tcne- iiicnts aforeOfid wiih the sppurttnances to ilie fame iVtllintn Fifhtir; Tf) hav"? atij to holj to the (aid IViHiam Vi/htr and his airignsfroiii ihe f.iid ii.aft ot the LJirth of our Lord then laft pail unto ihefull end an(i term atorclaid ot feven years iroin thence rex' enluing and fuiiy to be compicat an^l ended ; By virtue of whiih faid dcnale tlie fame Willutm F^JJier into the !ame fifili part of the tenements alorefaid wiih the yppurtenances entered, r.nd was thtreof pofl" Ifcd unlii the faid Juwes and Jjhri Nicho'ls iifterwards, to v;it, on the fame firft day ef January in the 91 ^i year abovrfaid, into the famt fifth part ot the tenements afor^laid wiih the appurtenances in and upon the pofllfTion of him the faid iyilu;tn F:/ha\, entered, and hiiii the faid IV F. from his lann atorefaid thereof, his term aforefaid therein not yet expired, tje^led, *-xpcIIed and amoved, in manner and form as the fame ir'tlliam Fijfier above thereof againft the laid James and John Nicfiolh complains: And this be is ready to verify : Wherefore he prays judgment, and his damages by reafon of the faid tref- p.ifc and ejcdment, to be adjudged to him, b°r. Judgment ixas gi in this faid term the faid Samuel TraCt. Reg. comcs here intO coi;rt by his attorney aforefaid, and by the fla- 5*7> S'®' tute, ifc fltfts to be defivtred to hiln all the goods and chattels ' of the faid E/'iu^^r^, except his oxen and the beailsof his plough, and likewite one half of all the lands and tenements in the county 13 E. I. c. 18. ef North'ton, to hold to himfclf the goods and chattels aforefaid as Anc>>>i-rx,:vnr\- j^j^ ^^.^ prop- r jxoods and chattels, and alfo to hold the one haif a ttret ic . gj-Qj.g{-j^5 I as his trechold to him and his nfil jns, according to the form ct the ftatute aforefaid until the debt and damages afcrtfald fj-iai! be thereouf lfvie//^'/(»; in the county ot A'orMVtw iforcf-id on the I'UjuiCiion rc- 2 ift (. ay of AV-Lifw/^^r la!^ pail Oy the oath of twelve, c5r. where- tum'd. by it is founvi, that the faid Eiivartl from the da v of Ea/ier in fif- teen days in the year of the r?p,n of the faid lor 1 j.-)m?s the I^eferdant feif- fccond late king of ErghmJ, l^c. was feifi^d in his demefne as '" ot fee, of and in one melfuage, and of and in one clofo of p-llure with the appurtenances called the Parke, to t.'^e faid mcfFuaae adjoining, containing by eftimanon 25 acres fi uare, lyui •■ and being in Dirglty in the c(.>unry .nforeiaiil, now or late in the te- nure or occupation of J.nues Gttfin, efc; or his affi;;,ns, oftlie [211 3 clear yearly value, in ail ifliics beyond reprifis, of 1 o/. and of and in one other clofc f.f panure with rh • appurtenances called the Ntiher-CrounJs, containing by eftim.^tion 250 acres, iy'ng and being in Dirifihy a!Or.d'aid in the county sforcf.iid, now or ]ate in the tenure or occupation of Thomas Durrani or hi» afPi ^ns, ot the clear yearly value, m all ilTues beyond reprills. of 100/. ~.. • * and of and in, ^r. And it is farther foun I by the (aid inqa^fiiion, jct fo[^h '• ^ that the faj,1 mcfTuage called the Cojile in Drabrooke af-irefaid, anti the fail! five fevtral clofcs ci.lkd the Purtce, the Grange, the Neiu Cl'jfe, the Butt Cl'jfe and the Bu/h Clofe, with the appurtenan- ces \n the tenure or occup.irion of the faid Jo/m Store or his af- Cgns, the faid clofcs of piiriiire called the Cottiers Clife and Ar^ nitage Clofe vaih the appurtenances in the tenure or occupaiiofi A a z of 211 Elegit. of t'le faid Jo'^n Stone or his afilgns, the faid clofo of paflure cM~ ed :Ue Far'/ie;f CVo/> vith ihe app-.-rienarxcs in the tenure or occuoation of r le iz\& Hi chard Maunioji or his aflj^^ns, the faid mefiuig;e, for.*/ icres of arable lan.i, fifteen avr s ot nieaviow and thirn acres of paliure in the tenure or occupation of the f.;id John f/w^Vrit'O'Y/ or his afli^ns, wliich faui feveral niefiuages. c!6fe» of land and ten- ments .U"oref.ii Ifft menlioneil, fi'inte, lying and being in Brahtooke sforcfaid in the counrv ai'orefaid, are an equal Delivered to full and juft iwycty of the pr^nvfes atorcfaid by the inquifition the plaintiiT, to aforefaid in fonri afrrefaid found ; which faid moiety laft inenfi- hoKi, r her fas that Take great care the faid c.ipital mefTuag-: or farm, with th'^^ faio feveral pieces to make both of land arable, meadow an.* pafture to the fame mefTuagc be- mo'eties ujual. longing and with the fame enjoyed, containing by eftimation 50 acres of the clear yearly value, in all ifTues beyond reprifes, 42/, in the tenure or occupation of the faid Geotge Britl'indor h;s affigns, and the faid water corn-mill with the appurtenances of the clear yearly value, in all iflues beyond rt-prifes, 20.'. in the tenure or occupation of the faid George Brilland^ are a true and equal moiety of all and fmgular the lan^s,^ tenements and hereditaments whatfoever in the courry of Chefler of the faid George BrUland in the faid writ named ; which faid moiety J the faid fherif have on the day ot the caprion of this inquifitio'n cauf- ed to be delivered to the faid Grace Butler y wi low, in the faid writ named, to hold to her and her affigns as htr freehold, ac- cording to the form of the ftatute thereof made and provided, until the refidue of tha debt and damages in the writ aforefaid fpecified fliaM be thereout fully levied, as the writ aforefaid com- mands and requires ; And the jurors aforefaid on their oath afore- faid farther fay, that the fiid George Britland in the fai.) writ named, at the time of the rendition of the judgment aforefaid ia the faid writ fpecified, had not, nor on the day of the captionjOf this inquifition has, any other or more lands or tenements, or any good or chattels in the county aforefaid, to the knowledge of the jurors aforefaid : ]n witnefs whereof as well I the faid fhe- rifFas the jurors aforefaid to this inquifition have fet our feals, the aay, year and place abovefaid. [ 212 3 The moiety fet out to the plaintiff to hold, (Sftf. Ibis mttjl he in the exchequer, the moietyy it is •void. Salk. If the JheriJ^ deli'ver more than 563. A a 5 Error; Error. Error la tfcetx- ' | ** H E l^'v of the queen Tnt f-o our trufty and well belovcrj chequer cham- jj^ "John Holt, knt. our rliit't juflice airigntci to IioKl pleas be- ber on a juHg- fgp^ ys, licr writ (^lofe in thefe woris, to wit, j^nre bv (he grace iS?hVkin'''s °* ^''^ °^ '^^^"^ /?'/^««, Fr^'ve and I-tlunJ queci), defender of bench. fli^ faitl!, y^;-. to our trufty ani wtll beloved Jo^/j Holi, knt, Salic. 315. our chieK juftice afllgned to held pleas before us, gr< e?ing i prnfl. Rep. Whereas in a ftatuie made in the pirliament of the lady F/zi- S' ♦ Si°t S93» pet/2, late queen of Ergl.ird., held at li'^e/lmin/ier the 23d day of No'vemher in the 27th year of her reign, it was among o'her things enabled by the authority of the fjine parliament, thxt where any judgment fliould at any time t/n-n after be givtn in the court of the king's bench in any fiiit or action of I'ebt, detinue, covenant, account, aclion up'm the ciic, ejeilione fi>m(p or trefpafs. firft commenced or firli to be ccmmenced there (o'her thin fuch only where wefhould be party,) the paitv plainiilfor tltfendant, againll: whom any fuch jiidginent riiould be given, might at his election fue torth out of the court of chancery a fpccial writ of error to be devifcd in the faid coiir of chancery, dirf7 El. c. S. rontaioed : Anii becnule in the record and proceed.ings, as alfo in the rendition of the judgtner.t of a plea which was in 'ur court before us by bill between He'Uy G.'ge, e(q; and Elizabeth Adnn, ■widow, adminirtratrix of all and fingular the goods and chattels wliich belonged to Jo/ir, /tlon, gent, who died inteftate (as it is faid } Error. 1 2^3 faicl) latelj' called John Adon oi Ripe, otherwife F.rkin^lon in tlie county aforefaiil, gent, for this, that the faid Elizabeth (Imuld n-nder to the faid Henry 60 / there is (as it is fai.:) a maniteft er- ror to the great damage ot the faid Hefiiy, as by his complaint we hear ; VV hi h faid error in no manner concerns us or the jurildic- fion of our faid court of our king's bench, or any want ot torm in any writ, return, plaint, bill, declaration or other pleading, pro- cefs, verdict or proceeding vhatfoever, as we are informed : We therefore willing the erior (if any fliall be) Hiould accord- ing to the form of the ftatute aforefaid be correfted, and full and fp;edy julfice done to the parties aforefaid in this behalf, command you, that if judgment thereon be given, then the record and proceediiigs aforefaid, wiih all things coPcerni''!g the . fnme before the faid juft'ces of the common bench and the barons of our exchequer aforefaid, into our exchequer chamber aforefaid [ 214 j on Saturilay, to wit, the 25th day oi' Odoher next enfuing, you caufe to be bfought, that the faid juflices and barons, the re- cord and pro«eeiling9 aforefaid being feen and examined, may farther caufe to be done therein what of right and according to the form of the ftatute aforefti' deniifed to the faid John Aclon z\\ xho\Q feveral pieces or parcels of land called the /).-<■/«? j, containing bv eltiniation 22 acres, with the appurienanct s in Ha-JJIunn aforefaii in the county aforefaid, an * alfn alfo all thole icur pieces of marfii-land called homfltdl M.-n /h, containing by eTduiation 32 acres, wirh the ap- purtenances in Ha'Ajnam aforefaid ; To liolii to the fain 'John A3on, his extcuiors nnd adminiflrators from the feaft of the birth [21? 1 of our Lord then lai^ paft for ii years, at and under the yearly rent ot 30/. to be pMd half-vtarly durirg the faid Xirm, to wit, on the fcatbof St. Jjhn \.\\t baptift and the Birth of our LorJ by equal portions, or within 2r 4avs-ai tr thofe feafts, as by the laid arti.Ks more fully is nianiteft and appears . By virtue of which fa'" dem:fe the f^ine J.hn Achnwvo the -dtinifed prcmilTes with the appurtenances entered , and was thereof pofFelied until to and uron rhe fe-^ft of the Birth of our Lord in tlieyesr of the Lord 1^96, av^ 'or 21 days then next following, and 60/. of the rent aforefaid for two ytars ended at the faid fead cf the Birth of our Lord Error. ' 5:15 Lord in the year of the Lord 1696, and for the fpace of 21 days then next following, in the lue-tune of che fa-.d John were in arre.ar ana yet are unpaid ; wiiereby an ndtion accrued to the fame Henry lo demand and have oi the faid "John A3on in his life- time, and of che faid Elizabeth af(er the death of him the faid John (to which faid EUzabtth auminiftration of all an i Angular the goods and chattels, ri-^hts and crediis, which belonged to the fai 1 John at the time of his death, after his death at Hnilfliam. aforefaiv'i in the county aforcfaid was committed) the faid 60 /. Nevenhelefs the faid John in his life-time, and the faid Elizabeth atter his death, altho' aften required, If^c. the faid 60/ to the fame Henry have not yet paid, but have hitherto altogether re- fufed to pay him the fame, and the faid ELzubeth doth yet refufe, to the damage of the faid Henry zol- And therefore he produces the f in the county atorefaid, fp'.nflcr, in 2 coo/, of lawtul mo- ney of Ergltmd, to be paid to the finie Elizabeth when he ihould be thereto afttr required, with acondition to the faid writing ob- Ji;,'afory fubfrribed, reciting, that whereas a marriage was by tlie bit iHrg of God in a fiiorf ti'ne to be folciimi/ed between the faid Johr. Acl'.f and her the faiil Elizabeth, fo that if the faid Elizabeth fhoiild furvive him fhe faid J Jin, and that the faid JJin (houKI die btfore the faid Elizabeth, then if the faid John Mdon flioulj leave, or if his heirs, executors or aifijis, fliould well and truly pay, or caufc to be paid, to the f^id EUzateth, her executor?, qiduiinif- 21$: Error, iJm'.r.ifcratars or sClgns, the full and whole fum of joooA of lawful mon-ry of Erglan.i v/ithin one month after the death of the faid John A8nn, without framl or deceit, that then the obli- gation afurefaid llii>uli1 be void, oiherwife to tland 7iX\A remain in luii torce and viriu:, a? by the writiDg obligatory afori-faid, and the londiiion ofihe fame writing obligatory here in court produced, more fully appears : hx\A the fame I'jiznl ttfi farther lays, that rd'ttrwr.rds, to uit, on the firft day oi Mnrch 1686 abovffaid, at Hmlfhum at'crefaid, ilie the- fani Elizabeth took for her hufuind the f;:ia John Ai'lon, and a-fttrwards, and before the exhibition ol l!ie ftid bill of the faid llemy, to wit, on the firft. But ciiJ not '^^v ^t Mtiich 1696, he the ftiil Jjhn Adon at Hail/ham aforefaid Jcavc her in the count v afortfaid. died. iiUeilate, and did not leave to the faid laoo /. Eiizal'eth the lum of lOQol- nor any penny thereof, and that at any time alter rhe death of the faid Jo'in ASfon, luthcrro the futn ot 1 000/. or anv put thereof, h iih not b?tn paid by the heirs or A ir^;=;A,,.„-„„ aiiitps of the fai..l John Addn, or any of them: And the lame j;raMt(-.1. c/ s.//'e/A tarthcr lays, that aiier tlie death ot the faid yi/?^;, to Pr^a Rr^ vit, on the i3rh day of March in the year of the Lord 1696, at 37> 43- liail/hiim ziiTt{i\il in the county afoftf.iid, >iduiiniiiration of all and lingular the goods and chattels, rights and credits, which be- longed to the iz\AJohn Aflon at the time of his death, to the fru;ie Elizaheth by T/iomns i/tig^s^ doctor of laws, couimiflary or ofiitial principal of the reverend father in Chriil Jj^n by divine pcrmlhon lord bifhop of ChcJler,^a and through the whole arch- dcancry of /.^^t'fj in the ciiocefe of CheJIer lawfully conftituted, to whom the comm'lTion of the admmillration atorefaid of right r 216 ] Ijelonged, in due form ot law was committed: After the com- ijo/- ciine to niiihon of which faid adminiilration divers goods and chattels her imrnis after which belonged to the faid John at the tiiiie of his death to the •(iminift'ation, value of 230/. and not more, by virtue of the adminiftratioa ^r.!I,c * aforcfaid came to the hands of her the faid Elizabeth, to wit, at H/i'tl/fiam atorefaid in the eounty aforefaid ; which faid goods and chattels the (ame Elizabeth retains in her hands in part offatis- faflion o\ the writing obligatory aforefaid : And the fame Eliza- hith fanher fays, that on the day of the exhibition of the bill g'lorda d of him the (aid (Ittiry. or bi^^fore or ever after, no other cr more goo>^s and chattels which belonged to the faid John at the time of h:s death came to her hands, except the faid goods and thatic's to the value of the faid 230/. and no more, an I which sre rut (ifllicient to fatisfy the fame Ellzuheih the faid futn of ) 000/. in lite condiiion of the-writing obligatory aforelaid men- fioned : And this (lie is ready to verify ; Wherefore llie prays iudgnipnt if the f^id //^rry ought to have or maintain his aflioil aforftaii thereof a ;a in A her, lie. with this, that the (^me Eliza- iith will verify that th" writiag obligatory aforefaid yet remains jn :t<; 'uli force and cfFeft not annullcii or fatisfied, and that the faid John ^'iim in the wriringobligatury aforelaid mentioned, and y>hr) A'1 n \» the declaration and plea aforefaid mentioned, are i^ne and the fame pcrfon, ar.d not other nor divers. Edijo. 'Ncrlhey, And rtuijs. Error.' 21.^ And the faid Henry Gage fays, that hy any thing by the iVid Cxmurrti. fJiziiheth above in pleaoing alledged oup^ht not lo be precluded from his aftion aforefaid thereof againft ihe laid Elizabeth bad* becaule he fajs, that the plea aforefaid by the faid Llizuleth in manner and torni alorefaid above pleaded, and the matter in the fame contained, are not fufficient in law to preclude him the laid ihnry from his a<5lion aforefaid thereof again!^ the fsid hli'cabeth had , to which iVid plea he ih-; fjiiie Henry hath no neceffity, nor is by the law of the land obliged, in any manner to aofwer : And this he is ready to verity : Wherefore tor want of a (ufficient an- /■A/er in this behalf the fame Henry prays judgment and his debt aforefaid, together with his damages by reafon of the detention of the faid debt, to be adjudged to him, ^c. And the l«id Eh'zabeth fivs, that the plea aforefaid by her the Jomdv, faid El:zabe!h\n manner and foras aforefaid above pleaded, and the matter in the fame contained, are good and ful.icient in law to preJude the faid henry from his aftion afortfaid thereof aaaintl the faid Eli^-nbeih had : which faid plea, anci the matter inthe fame contained, ihe the faid Elizubtih is ready to vent/ and prove, as the court, bV And becaufe the faid Heny doili rot anfwer the fdid plea, no' hitherto any way deny the lame. fh« the faid £//2;ai5^//i as before pravs judgment, and that the laid Henry may be precluded from his attion aforefaid theveof againii her had ; but becaufe the court of the faid Jord the king now ContinoAnoc here are not yet advifedto give their judgment of and upon the premifTes, day therefore is given to the parties afort faid before the Jord the king at M'ejimin/ier until V/eJnefd- pen after ihcoQave of St. Hillwy to hear their judgment ihireon, 1 bv'.-aufc ili6l Error. becaufe the court of the faiJ li^r 1 the king now here thereof not yet, y*:. On which day before the lord the k ng at IVe/lmln' Jier come the p.iriies atorcfaid by iheir aiiornies aforcfaia ; but b.caulc the court ot the laid lord the kui^ now h,re are not yet aov'ffd to give their judgment of and upjn tne prtiirlf s, 'iay tbe;"lore is giv. r, to the parties atorcfaid before the lord the lajlcr. ki. .. -,( iVeJitmnfter until IVeiinefuuy next after 15 'i upoa . . the premilTes, day tlicrtl"vre is given to the panics aforelaid be- '"'"■{>'• fore the lord the kin* at IVeilminJier until FriJuy next after the morrow of the Holy trinity 10 hear their judgment thereon, be- caufe t!ie court ol the faid lord the king now here thereof not yet, ffff. On which day before the lord the king at IVeflminJier come the pnrties aforefaid by their atiornies atbrefai-i, but becaufe the court of the faid lord the king now here are not yet advifed to Michaelmas. give their judi^nient of and upon the premifles, day therefore is given to the p-irties aforefaiil before the lord the king at IP'eJi- viinfter until Monday next after three weeks of St, Michael to hear their judgment thcreoH, becaufe the court ot the faid lord the king now here thereof not yet, ^c. On which day before the lord the king at U'^tjlminjler come the parlies aforefaid by their atlornies aforefaid j but becaufe the court of the faid lord the king now here are not yet advifed to give their judgment of and upon the premises, day therefore is given to the parties aforefaid before the lord the king at Wejiminjler until Saturday Hillary. IH fifteen davs of St. Hillary to hear their judgmeHt thereon. Pre". t.> Lilly becaufe the court of the faid lord the king now here thereof not 'f -^Jtze. ygf^ y^ On which day before the lord the king ^t IVeJimirtfier come the parties aforefaid bv their attornies aforelaid ; whereupon all and fingular the premifles being feen, and by the court of the faid lord the king now here more fully underftood, and mature deliberation being thereon had, it feems to the court of the laid loril the king now here, that the plea aforefaid by the faid Elizabeth in manner and form above pleaded, and the mat- . ter in the fame contained, are good and fufiicient in law to pre- judgment for elude the faid -Henry from his aftion aforefaid thereof againtl the the dcfcmlant faid Eliz-abtth \i^i\ : It is therefore confidered, that the faid f):;ntd ji l-\b. Htm-f Ga^e fake nothing bv his bill aforcfaid, but for his falfe ^^^^' plaint be th'reof in mercy : And the faid Elizabeth ^don may go thence without day, ^c. And it is farther confidered, that the faid Elizabet*! .^Ston recover againft th«i faid Htnry G./ge 14/. los. for her cot^s and charges by her about her defence in this behalf fullained, to the fame ELizahth by the court of the faid lord the king now here with btr ailent, according to the form of the ftatute Error. 217 ftatut-e in fuch cafe made and provided, af^judged : And the j, h. 8. c. 15. faid Elizabeth Aclon may have thereof execution, ^c. Adjudged in this cnje that the dzbt tvas on'y fufptnded y vol ex~ tir.gui/hed. See Salic. 327. A Jwitty and Bell againft Morky. .-ND it is to be known, that after the judgment aforefaid Sugcefl^ the j\ was gived, and before this day, to wir, the 29th .lay of [1^'^';^"/^","^,^,'' M,:>- in the fourth year ct the reign of the now lorl the king, ^^j ju/n"p["ads t\iQ ir. , Gejrge Trxitty (^ncd, to wir, at London a-orefaid in the no ^-rror. parilli and ward aforeraiu ; And the faid John Bell on the faid s-e 18 Car. z. oftave of the Holy Trinity by Strelhill Hurrifon his attorney Praft. Rc^j. com-'s here m'o court and immediately fays, that rhpre is no error in the record and proceedings atorefaid, nor in the rendi- tion of the judgment aforefaid, an.i prays th;it the court ot the fail! lord the king now here may proceed to the examination as well of the record and proceedings aforefaid, as the matters , aforefaid above for error {.fligned, and thai the judgment atore- faid may in all things be affirmed, ^c ^^on and Sumner. Cheflery to wit. T)E it remembered, that otherwife, to wir, in Errorlnan XJ Trinity KcrmUii paft before the lady .^nne *"'^'''" ^"j'^f late queen of Greut Britain, Cfff . came John Sumner by J. iVhi/laiv ^J^^'^ trclnafslin his attorney, and produced herein the court of the faid lady the ti,^ county «i queen then there his certain bill againft Richard Aclon, Rolf'h Ckefier. Maddock and Robert l^Vilcoxf on, in the cuftody of the marfnaU l^c. in a pieaof trefpafs : an(j there are pledges to protecute, to wn,John Doe and Richard Roe .- Which faid bill follows in thefe wor'iS, '0 wit, Chej}er,\o wit, Jo// « •S''/wwtT complains ot RichaiJ Adon, Ralph Maddnck and R^hett IVilcoxfon, being in the lu'^ody of rhe marfinl of the M^^r/?;rt//>a of the lady the queen betore th(^ queen h^rfc'f, for this, that they the faio Richard, Ralph ^r)d Robert, zgrh day ot March in the year of the Lord 1714, with force and arms the houTe and ftabl',s of him the faid John at lFhitfga!e]ntU>i county of CAty/^> afor.faid broke and entered, and the gelding of him the faid J ;6« of the price of 10/. at the parifliof li'hitegate aforefaid then tounci took and carried away, and otb< r outrages on the f«id John then and there committed, againtl the peace ot the fair* lr>.dy the now queen, and to the da- mage of him the faid JJwzol. And therefore he produces the fuit, ISc. - -.. o -\ Arid now on this day, to wit, /kf/"<^///y next af'cr the C(ftave of L 2' J Sr. ///7/rtry in tliis fame term, un'd vdi'ch day the fail /\/t/;^/rrt', Impirlance. R'dph and Robert had leave to inipail to 'he bill aforefaid, and then to anfwer, *~3c. bctore which ..ay the faid lady the q-ieen departed ibis life, before the lord Gerrge now king ot Great BritMr.f 1 1 8 Error. Britain, l^c. nt U'ejl-ninjier comes as well tlie fakl y^^n by hi* attorney aforcriij, as :hc laid Richard, Ralph and R.bcrt, by Nathamel Hickmanl):ic\T iinoTniy '. And \\\t W\\ Richard, Ralph and Rohtrt defcii i the force and iiijiiiy when, IsC and as to th«^ coming with force andnrinr, anc. wherever is againft the peace of the lady the late queen, fa , that rhey are in no wife guilty thereof: And of this 'hey put the-nfelvfj on the country : And the laid John thereoi hk wife : And as lo the refi.'.ue of the tref- pafs above fuppofed to be committed, the *nme Rich.irJ, Ralph and Robert fay th;it the i'Jd '^J'-^hn oua.ii not to have or maintain his adlion afor.faid therepf againft ih iii, becaufe thev fay, that at thfctiuie when the rt.fi. lUt of the rtfpafs aforifai>! is fuppofed Juftlfication of to be cojii.iiiticd, the {a<\\z Richard an ' RnU'i were oveffeer"; of ihc taklnu for the poor of the town of Over in the countv "f C/uffir atoref^id, « puoi'siate. and the faid Robert was one of the conftables o: the fa ne town lawfully appointed J and that they the fame Richard zn^'. Ri/fh^is overfeers ot the town r.forefaid, and the fiid Robert at the requeft and in aid of the faid Richard and Ralph, by the authority and according to the tenure, purport and effLf^t of a certain a6t made 5^ ' ' ' ' and provided in a parliament of the ladv Eli-z.(/htih \i{rc queen of England, held at IVeJiminJhr in the county of MiJdlei'cx in the 43d year of her rei^n, at the faid time when, Ifc. the houfe and Itables of the faid Jihrt, wi{hin the town atorefai.i in the faid pa- rifh oi IVhites^ote in the county of Chefter aforefai.i broke and en- tered, and the faid gelding ot him the laid JJm at the parifii of JVhite^^ate aforefaid then and there found took and carried away : And this they are ready to verify : Wherefore they pray judg- ment rf the fiiid Jo/^n ought to have or maintain his aft'on afore* faid thereof againll them, ^r. , Rcpl. De injtt- And the faid John, as to the faid plea of the faid Richard^ Tia j'lta propria. Ralph and Rohert above laft pleaded, fays, that he by any thing in that behalf pleaded ought not to be precluded from his aft:cn aforefiiid thereof againll them had, becaufe he fays, that the faid Richard^ Ralph and Rjbert committed the faid rcfu'ue of the trefpafs aforefaid in the fame ph a mentioned, in the form a5 the fame John above thereof againft them complains, of their own \vron? without fuch caufe by them in that behalf pleaded ; And this he prays n>ay be inquired of by the country : And the faiif Richard, Ralph and Rohert likewife, 6if f . And becaufe the feveral ifTues aforefaid between the parties aforefaid above joined ought to be tried by the men of the county palatine o\ Che/fer, where the writ of the lord the king iloth not run, and not tlfewhere : Therefore let the record of the plea aforefaid be fent to the juf^ tices of the fai.l lord the kin,; of the faid countv of Chefter, To that the fame juftices, bv the writ of the faid lord the king of that counry duly to be made, may caufe the fneriff of the fame county to be commanJed that he c*aufe to come before the fame juftices of the faid lord the king of the county of Chefter aforefaid, at the next fvfiions for that county after that record llaall be delivered to Sug*e(lioil, Error. 1 218 to tliern, twelve free and lawful men of the oody of the conaty palatine of Chejier aforelaid, by whom, i^c. and who neither, Isfc. to recognile, ISc. bccaufc as well, ifjc. And when that avcnneat and thofe ilTuts fli^ll oc made out an.i iiied, and thea the faid jud'ces the record of the plea aforefaid, with all that which iliall be therein done in the court ot the laid lord the king there before them, may lend to the lord the king at l-FcJimih/ler, at a certain day which the lame juftices of the county palatine aforefaid to the parlies aforelaid in the fane court there Iliall before appoint, to hear thereof their judgment, ^c. And it is faid to the laid Jo/m that he profecutc with eff.ft, at his peril, i^c, Afterv/ard-, to wir, from the day of £rty?^r in one month then next following, which laid day the fai-l John, and the faid Richard, Ralph and Robert had by the appointment of Jojeph Jekyil, knt. ferj^ant of the faia lord the king at law, juftice of the faid lord the king of Ckejhr, and Edward Je^cties, c(qi another juttice of the laid lord the kin^^ of the county aforefaid, to hear thereof their judgment here, to wit, at IVefliiiinfieryComts the faid John by his at;orney a^^orefaid : Anu the fsia juflices at Chewier fend here the record aforefaid with all that was done before them at CheJUr in thele worJs, to w'.t. And afterwards, , > . to wit, at the feifions of Cheller, \\t\il 2il Chejier in the county ^rv^* diChejler in the common hail of pleas of the county aforefaid on Monday, to wit, I ith day of April in the ill year of the reign of the lord George by the grace of God of Great Britain, l^c. before Jo.Jekyll, knt. f^rjeant of ihe laid lord the king at law, jullics of the laid lord the king of Chejier, a'^d E. Jtjf'eries, eiq ; ano- ther juflice of the faid lorJ the king of the county aforefai.;, be- ing tf-ie next fiffions tor the county aforefaid after the wiihiri written record was delivered to the faid jullices, here come a-j well the faid John Sumnet by L. G. his attorney, as the within named Richatd, Ralph and Robert, by J. B. their attcrney ; and the faid John pray? a writ of the lord the king to caufe to come 12, t5ff. by whom, ^c, and who neither, ^r. to recognife, Is^f. becaufe as well, tfV. to be dirtfted to the fiieriffof the county ©f Chejitr aforefaid to try the ili'ue within written ; and it is granted to hicn, reiurnable here on Tuejday next coming in this fame fefliors: 1 he f^rae day is given to the parties aforefaid here, ISc. On which Tuefday betcre the laid jullices here comes as well the faidi John Sumner, as the faid Richard Acloi, Ralph Mad- r 1 duk and Ribert IVilcoxfon, by their attcrnies aforefaid ; and L ^ " •» Richard IVulthall, efq; the llieritf of the county aforefaid, now returns here the writ of Venire Facias aforefiid to him in form Venire faciat, aforefaid directed, together with a panel of the names of the jury to that writ annexed, in all things executed ; and the jurors thereof iirpanclled being callerl, none of them come ; thcrefoie that jury is refpited here until IFednefday n:xl coming in thij fame ftfhons fur want of jurors, ^r. And the ilierifFof the coun- ty aforefaid is commanded, that he then have here the bodies o£ tbe jurcrs aforefaid, and tbat he add ts them a decern tales 9gaii;y(. 2 1 6 Errof. againft the fame day. ^c. The fame day is given to the parries aforefaid here, ^c. On which IVedKefday before the faid juftrces here conies as well the faid John Sumner, as the faid Richard yltlon, Ralf'h Mi'ddock and Robert IVilcoxfon, by their attornieS' aforefaid ; and the faid flierifFof the county aforefaid now ri turns here the writ oi Habeas corpora aforcfaiil to him in form aforefaid diret^ted, together with a panel, as well of the names of the jurors aforefaid firft impanelled, as of the names o< the decern toles added anew to the faid writ annexed, in all things ferved and executed; and the jurors thereof impanelled being called, to wit, John Stuhbs of Blackenhall, gent, Iffc. (reciting all the fwelve) come who to fay the truth of the premises being elcfted, tried and fworn, fay on their oath, that the faid Richard J3on, Ralph and Robert committed the refidue of the trefpafs within fpecified in the fame plea mentioned in manner and form as the faid John. Sumner within thereof againft them complains, of their own wrong, without fuch caiife by them in that behalf within plead- ed, and they affefs the damage of him the fai^^ John Sumner by reafon of the premijTes aforefaid, befide his coft and chargts by him about his fuit in this behalf expended, to 30 -f. \o^d. and for thofe cofts and charges to6 j. And upon this the faid juftices appoint the parties aforefaid to be before the lord the king at Wejimir.jler from the day of f^after in one month next to come Comlaaancs. to hear thereof their judgment j but becaufe the court of the faid lord the king now here are not yet advifed to give their judg- ment of and upon the premifTes, day therefore is given to the faid John before the lord the king at Weflminjler until Friday next after the morrow of 'he Holy Trinity to hear their judgment of and upon thofe premifTes, becaufe the court of the faid lord the king here thereof not yet, Cs'r. On which day before the lord the^king at We/lminfter comes the faid John by his attorney afore- faid ; and becaufe the court of the faid lord the king now here are not yet advifed to give their judgment of and upon the pre- miffes, day therefore is farther given to the faid John before the lord the king at WeJ\minJ^er until Monday next after three weeks of St. Michael to hear their judgment of and upon thpfe premiiTes, becaufe the court of the faid lord the king here there- of not yet. ^c On which dav before the faid lord the king at Weftminfier comes the faid Johr by his attorney aforefaid ; and becaufe the court of the faid lord the king now here are not yet advifed to give their judgment of and upon the prcmifles. day therefore is farther given rothg faid John before the lord rhe king at tVeftmirJier until Monday next after the o£tave of St. Hillary to hear their judgment of and upon thofe premifTes, becaufe the court of the faid lord the kinc; here thereof not yet, iffc On which day before the lord the king at IFeflminJler comes the faid John bv his attorney aforefaid ; and becaufe the court of the faid lord the king now here are not yet advifed to give their judg- ment of and uoon the premifles, day therefor« is farther given to the ErrcjT. +219 ^lie faid John btfore the lord the king at tViftminJier until, t^el btcaufe the court of the faid lord the king now hert- rb'-reof not jet, i£c. On which day before the lord ihe kii'.g iit IVejlminfer comes '.he faid Johnhy his atttorney alorefaid ji'pon which all and fin jular the preniiires being feen, and by the court of the faid lord the king here more fully underftoo.'., it is confiJered that the faid John recover againtl the faid Richard Acton, Ralph Mad lock and Judgment for Robert JVilcoxion, his damages aforefaid, by tht jury aforefaid in Jl^ '^'^''^'^ form aforefaid afT^ffed, as alfo 28/ y. i%d. for his cofts and i',"^. * ""^^ ch;irges aforefaid, fo the fame John with his affcnt by the court of the faid lord the king now here of increafc adjudged, which faid damages in the whole amount to 30/. l^c. Except, if this aftion be fo local as that it mufl be brought in the county palatitie of Chejler, and not by Latitat out of the king's bench at Weftmivjler. Bv all the judges and barons ad- iz C'o. r'i*i- judged, that the action was well commenced by Latitat, and Dv. 263, need not be fued in the court of the county palatine. But agreed that this might have been pleaded in abatement. Pra5t. Reg. 25. Howard and Taylor, { 2io ] AFtcrwards, to wit, on the 9th day of June, in the fecond '^■^°J,u,^" "'" year of the reign of the lord George now king of Great " Britain., l£c before the fame lord the king at WellmiiHer come one George Sedgemore and the faid ^■^r.ne (who by the name of jinne Taylor, otherwife Seymour as alorefaid, was impleaded) his wife in their proper perfon.T, and produce here into the court of the faifl now ford the king a certain writ of the faid lorJ the king to correft error of and upon the jiidigment aforefaid above fpeci- fied ; which faid record and proceedings aforefaid in the court of the faid lord the king before the king himfelf now remiin, and pray that the faid writ miy be allowed ; and by ihe fame court here it is allov/ed to them, ISc, which faid writ follows in thefe words, to wit, George, l^c. To oiir jufiices affigned to hold pleas The writ cfer^ before ourfelves, greeting ; Becaufe in the record and proceedings, ^'^^- and alio in the rendition of the judgment of a plea which was in cur court before us by bill between Anne Hoivnrrl and AnneTay ior, ofherwife Seymour, in a certain irefpafs on the cafe to the fame Am.e Ilo^wanl bv the faid Anne Tuy'^r, o'herwife Seymour, committed, as it is fsid, a ma?v.i-ell error has happened, 10 the great damage of Gi"'*-^? oeJgemore and the faid Ai:ne his wife, lately called Anne Tayl't, otherwife Seymour, as by their com- plaint we undcrlUnd : We willing the error, if -any haih been, fhould be du'y corrected, and full and fpeedy jutlicc done to the parties aforefaiii in this behalf, command you. that if judg-- iiicnt therein be given, then the record and procefs aforefaid, which before you now remain, as it is (aid, being infp 6ted, you farther caufe to be done therein to correct that error what of right and accordiiig to the law and ruftoin of £ngUmJ fhall be to bo Vol. I. Bb done. 220 Coverture in the plaiutlff. CovfVfnre In the dcfc'idant. DemtUrrer. JoioiJer, Error. done, Pf'''i:ne/s ourfelTat IFejlminfler 8th day o^Juus in t?ie fecOnd year of our reKn, Hat l Whc-rtupon the f.iid G. Sedgemore and Anre his wite fay, that in ihe record ami proreedings ^foreiaici, I'.nu alio in the ren'.'irson oi the fu(1c;nient aforelai.l, there is a ma- nifeft ^rror in this, to wit, that btforethe •':'y of exhibition ot'thc bill 01 fhe faid /InntHo-vnfJ ag'ji'\\n\ 'he faiii /Inne Sedgeviore by the name of Jtit;e 'Tnylor, otherwifo Srymour, ami before the reniiiiion of th^ jui.!j.^'i\cnt ftfortlaid to wit, i Sth day of July 1712, £>«« djti aforefaid to put by furety and fafe pledges them the faid //. and M. by the name of //. Chapman late 6\ the pariili of St. Gilei Cripphgate in the county of Mihilr'fix, corii-wainer, an.l M. Smith hie of the pariih of St. C^ttharrne in the county of Mi.liHefex, yeoaian, that they might be before the juftices of the fame late queen at Wefiminft^f on the morrow of the Holy Trinity aforefaid, to jliaw why with force and arms they had broke the clofeof the faid A^. and 5. and committed other out- rages on them, to the great damage of the faid /V, and 6'. and againft the ptace of the faid late queen, but not for the caufrs in the declaration afonfaid fpccified, as by the original writ af^orcfaid remaining nf record in ifie cuftody of the faid CuJlos Bifvium of tke now lord the king of the bench aforefaid is more B b^a full/ 22.1 Avermr nt that the judgment vas oNained on that origin- al whi *.h dots nrt warrant Cbe judgment. A Certkrari pfayed'. The Cfrtiarcri. Ths return of the Cujlos Bre- S»lk.78i,78i. The orlglnif •crertiiUtf. Jbrror. fully manir«(l and a^ppear? : AnJ the fame H. and M. in fa^' fay, that the plea atorefaid, and the judgment atorefaid above had and obtained, was had and obtained on that original writ and no other ; wherefore for that the writ aforefaid doth not maintain the declaration and the proceedings thereon founded, the fame H and M. (ay, that the original writ atorelaid is not fuflkient in law, and that the declaration aforefaid and the mat- ter in the {ame contained is I kewife infufficient in law, and likewife not warranted by that original writ ; and therefore in that the judgment aforefaid is iiianifeftly erroneous ; And the fame H. and M. pray a writ of the faid lord the king to be dircflcd to the faid CuJ}os Bre'vium, to certify the faid lord the king more fully of the truth thereof; and it is granted to theni, t^c. Whi^h faid writ of Certiorari fo prayed and granted fol- lows in thefe words ; to wit, Gtor^e by the gracd of God of Great Britain, France AnA Ireland, V'\ng, defender of the fai , knt. 5 flieriflfs. Which faid writ of Certiorari, together with the return of the fame, among the records without day of this Michaelmas term is filed ; And upon this the faid Henry and Matthew pray a writ of the lord the king, to warn the faid Nathaniel and Samuel to be before the lord the king to hear the record ani pro- ceedings afore faid ; and it is granted them: And hereupon the faid Nathaniel and Samuel by John SaunJer their attorney freely here in court immediately come ; and (protefting that the origi- nal writ (on which the declaration and proceeding aforefaid in the record aforefaid here above certified is founded) was a certain original writ between the parties aforefaid in a certain plea of treipafs on the cafe, according to the tenor and efFeft of the de- claration aforefaid) for piea the fame Nathaniel and Samuel fay, that there is no error either in the record and proceedings afore- faid, or in the rendition of the judgment aforefaid ; and pray that the court of the lord the king now here may proceed to exr- amine as well the record and proceedings aforefaid, as the matters aforefaid above for error alTigned, and that the judgment aforet faid may be in all things afiirmed, &c. But bec-aufe, ^c. This caufe produced the a£l 5 Geo. for amending ivrlls of error. Scire facias prayed. Defendants ap« pear and (by prettftation) plead there is no error. Bradfhawe and Gower^ '"I ^ H E lord the king fent to his trufry an,d Hrror in debt England, to wit. ^ v/ell beloved F. King, knt. his chief juf- quit'"* ticeof the bench, his writ clofe in thefe words, to wit, Geo>ge, iffc. To our trufty and well beloved Peter King, knt. our chief jufticeof the bench, greeting; liecaufe in the record and pro- ceedings, as alfo in the rendition of the judgment of a plea wliich was in our court before you and your companions our jufticcs of the bench by our writ, between John Brad/hniue who profccutcs as well for us c:s for himfelf, and lletny (jlo-ver Inte of Londmy clerk, for this, that the fame Henry ?i^^n\V\ render to us and the faid John 400 /• as it is faid, a mHnifeft error has happened to the B b 3 ^;rca\ 22a t Error, great damage of \he fion accrued to the faid now lord the king and the faid J. Brad/^mive, who as weil.yf. to deniat>d and have of the faid Hemy 100/. parcel of the faid 400/. And the faid Jolm, who as well, ifc. farther fays, that within one year next befofe the day of the obtaining the ori- ginal writ aforefaid, to wit, on the i2ih day oi January atorefaid in the third year abovcfa'd, at UnJon aforefaid in the pariiTi and ward aforefaid, the faid Henry being a perfon ift holy orders did marrv a certain other man, bv the name of PF. H. to a certain ether woman by the name of M. S. without anv publication of the banns of matrimony between the faid IT. //. and M. 6'. ac- cording to law, and without any licence firit bad and obtained for the marriage aforefaid iait mentioned from any proper ordi- j)ary whatfoever, againft the form of the ftatute aforefaid ia (uch c4i thereof lately made and provided ; whereby an adion accrued Error. 223 uccrued to the faid now lord the king ard the faid J. J^rri'/^iirue, who as ucl!, Iffc, to demand and have of the faid Heity other 100/ other parcel of the faid 400A And the faid J.Bmd^ /haive, who as veil, ^c. farther fays, that within one year next before the day of obtaining the original writ atorelai*;, to vit, on the 10th day 'A Fcl» luny in the third year abovclaid, at London aforefaid in the parilli and ward aforelaivl, the faid //ifAT^)' being a perfon in holy orders did marry a certain other man, by the name of J. IF. ton certain other woman by the name of A'. F. without any publication of the banrs of matri- mony between the faid J. IV. and K. F. according to lay/, and witl'.out any licence firil had and obtained for the marriage aforefaid laft mentioned from any proper orilinary whatever, againft the form of the ftatcte aforefaid in fuch cafe thereof lately raade and provided ; whereby an aflion accrued to the faid now lord the king and to the faid John, who as well, i^c, to demand and have of the faid Hctuy other 100/ other parcel of. the ftiid 400/. And the faid J. Bradfliazve. who as well, l£c. farther fays, that within one year next before the day of obtaining the original writ aforefaid, to wit, on the 21ft day of February in the third year abovefaid, at Londm aforefaid in the parifli and ward aforefaid, the faid Henry being a perfon in holy orders did marry a certain other man, by the name of A. L. to a cejtain other v/oman by the name of E. S. without any publica-r ticn of the banns of matrimony between the faid A. L. and £. 5. according to law, and without any licence firft had and obtained for the marriage aforefaid laft mentioned trom any proper or- dinary whatever, againfl the form of the (latute aforeiaid in fuch cafe thereoflately made and provided ; whereby an action accrued to ilie faid now lord the king and to the faid John, who as well, l^c. ro demand and have of the faid Ihnry 100/. refir due of the fiid 400/. Neverthelefs the laid Henry, altho' ofien required, isSc. the faid 400/. or any penny thereof, to the faid row lord the king, or to the faid J. BraJj/iaive, who as well, vS'c or to either of them, hath not yet rendered, but the fame to the laid now lord the king, or to the laid John, vvho as well, ifjc. hitherto to render haih altogether denied, and yet doth deny, to the damage of the laid J- Brnd/7taive, who as well, i^c. lot. And therefore as well for the faid now lord the king as for himf'.lf he produces the fuit, iifc. And the faid Henry by J. B. his attorney comes and defends piea, not iov the force and injury when Ifc. and fays, that he ilie fame dcbicd. Hewy doth not owe to the faid lord the king and the faid J. Bruii/h.^'VQe,'w\\o as well, Is^c. the faid 400/. or any penny there- of, in manner and form as the laid J'Jin, who as v/ell, ijfc. above thereof againft him has declared : and of this he puts him- felfupon the country : And the faid John, who as well, ^ ..y^j^,rt'?!; tfc. likewife ; Therefore the flacriffs are commanded that they '"'" caufe to come here in the morrow of the afcenfion ofth: Lord J2, ^c. by whom, tj/t . and who neither, tsfg. to rccognifj i^c. B b 4 bt-eauio 2^3 13 F. i^ c- ■50. I'i E. 1. c. 4. 14 E. 3. c 16. The podea. Tales. 35 H. 8. c 5. [ 224 ] Verdia far the plaintiff for 300/. For tJie defen- dant loi the reft. fudrmcnt. Moiety to the kiDg. Moiety to the Iflforrnci-. Efror, Ibefaufe as well, Isfc. At which day the jury liefween the par- ties aforefaiil in the plea aforefaid was refpiieil berween them here until this day, to wit, in the n;orrow of the hioly Tr»«//ji then next following, unlefs P. Kiriir, knt. chi^f jufticeofthe court of the lord the kin,r of the bench, here afilgnetl by form of the Ibtute, l^c. on IVednefdoy iha fifth day oi June lail paft at GuilJhall, London, fliotild firft come: And now hfre at this day coiDes the laiii "Jihn, who as well, tffc. by his attorney aforefaid : And the faid chief juftice before, i^c. hath fent here his record in ihefe words : Afterwards at the day and place within mentioned befo.re P. King, knt. the chief jullice witliin written, Jofeph Houljlon, gent, being aflbeiated to him by the form of the flaiute, ^c. comes as well the faid J. Brad/hatve, who as well for the lord the now king as for himfelf in this b'-half profe- cutes, as the within written H^nry Goxver by their attornies \vithin contained J and the jurors of the jury, whereof mention is within ma^'e, being calleil, foine of them, to wit, J. E. D. W. and .i', 5. come, and on that jury are fworn ; And becaufe the reft of the jurors of the fame jury do not appear, therefore others from the by-ftanders by the flieritfs of London hereto chofen at the requelt of the faid J. Brnd//iaivk\ who as v/ell, l^c. and by the command of the chief juflice aforefaid are added anew, whofe names are filed in the panel within written, according to the form of rhe ftatute in fiich cafe made and provided ; which faid jurors lb added anew, to wit, R. B. J. S. &c. being likewile called come, whg to fay the truth of the within contained, together with the other jurors aforefaid firft impa- nelled, being ele(5led, tried and fworn, fay upon their oath, thnt the faid Henry Goiver owes to the faid lord the king and to the faid Jjhtiy who as well, ^c. 300/ parcel of the debt of 400/. within written, in manner and torn) as the faid John, who as well, l^c. hath within declared againfl: him ; and they affefs tbs damages of the faid John by realbn of the detention of the faid debt ot 300/. parcel of the debt of 400/. within written, btfiJe his colls and charges by him about his iuit in this behalf expended, to 2 d. and for thofe cofts and charges to "^3 s. ^d. And the jurors aforefaid farther fay on their oath, as to the t'lird declaration within written, that fhe faid Henry Goner doth not owe to the faid lord the king and the faid John Brad/haive, who as well, cfc. the within written 100/. r^fidue of the faid 400/ in manner and form as the faid Johi HradJIiavje, who as well, y<-. hath within Rgaiii-ll hiiii declared ; 1 hercfore it is conlidcred, that the faid now lord the king and the faid John, who as well, ^r. recover againll the faid Henry Giiver the faid debt of 300/. which by th^ jury aforefaid is found the faid //fwrv Go7x;fr by force of the Hatute aforefaid hath forfeited and ov.'es to the faid now lord the king and the faid John Brad/haiue whereof the faid now lord the king may have 150/. for hs moiety, and the faid John Bran/hnvje^ who as well, Cffr. may have the other 150/. for bis luoicty, according to the form (jf ' . the Error. 224. tl.rinaf Go-joer his kiamages aforefaid to 53 j. 6 ^/ by the jurors aforefaid forcoft's. in form aforelaic afleffetl, as alfo 17 /. 6s.6 d. to the fame John BraJ/haivey who as well, fjfc. at his requeft for his coHs and charges afor faiJ. by the court htre of increafe adjudged, which faid oamagts amount in the whole to 20/. And the faid Henry Conxer in mercy, '(^c. And lilcewife the faid John Brnii/haxve^ who as wel^'^r. in mercy for his falfe fuit againil the faid Henry G'jiver for th .• rtfidue of the debt aforefaid, whereof the faid henry Goiver by the jurors aforefaid is above acquitted : An4 the laid Henry Goyoer may go thence without day, l^c. Orchard and Shepheard. AFrerwartls, to wit, on Tuefday next after three weeks of ^^„ a, Eajler in this fame term, before the lord the king at Well- ain-au mtnjier comes the faid G. Orchard by J. L. his attorney, and prays that the faid Samuel Shepheard may alFign errors in the record and proceedings aforefaid on record i whereupon day is given by the court pt the faid lord the king now here until next after to alTign errors in the record and pro- ceedings aforefaid : On which day before the lord the king at Wejlminjier comes the faid George by his attorney aforefaid, and the faid Samuel doth not coine nor allign any error or record in the record and proceedings aforefaid, nor farther profccute his writ of error aforefaid, .but makes default : Therefore it is con- fidered, that the faid Samuel take nothing by his writ aforefaid, and that the faid Georg^^ may go thence without day : (t is alfcj confidered, that the faid George recover againft the faid Samuel 9/. to the lime George by the court of the faid lord the king row here againft the faid Samuel adjudged, according to the form of the ftatute in fuch cafe lately made and provided, be- rajjfe the faid Samuel doth not profecute his writ of error afore- fiid : And the faid George may have thereof execution. rot tar 3 H. 7. c, to. u Oufnam and Milt ell AFterwardfi, to wit, on Wl ,nclay next after the ortave of the ,„ . e r ■ r L Li n- 1 • • « t i • r Writ of error purJication or the bitilecl virgm Mary in this iame term, quaOicdbccaufc before the lady the queen at IVefhninJIer comes the faid Samuel brouglit»>i wdl Mittell in his proper perfon, and the faid John Oufnam in his on the rendiii- proper perfon likewife comes, and freely here in court thereupon °" °* '''*^ i'lflK* the fame John Oujnam fays, that the faid writ of error by the t'hc",„fnci'n"al a« \z\<\ Samuel Mi Itell in form aforefaid profccuted did wrongfully oiithe«waid and improvidently iflue ; becaufe by the writ aforefaid it appears ofcxecuiiou that the fime writ of error was profecutcd by the fame Samuel a% anaiDftihc b»il. \in\ for the faid George GiLfun in the plea aibrcfajd, as well on the rendition t2J.l Error.^ renuiiion of tVie jHi1gment on the pica aforcfaid between the fanjff 'Jo/in and the laid Ricnuiv/, as on the iuljudicniion ot cxtcution on the writ of •Scire Facios ilTuing out ot the king's court of' the town and pHr'ili of Muull}one rigainll the faid Huuiuel Mittell z.'i bail for ihc h^Li Richartl iij thermie pica, when by the law of the land of this kingdom of Erglund no fuch writ of error in the iianie and at the Uiit of the faid .Srtwr/^/ ought to have iflued, and tor that rcafon the fanie "^ohn Oujnavi prays, that the writ of error by the faid Samuel in form atorcfaid profccutcd may hi cjuiilied, vacated and held for void : Whereupon all and fingu- lar the premiifes being feen, ami by the court of the faid lady the tjueen new here more fully underllcod, and mature ddiLeratiotj being thereon had, it is confidered, that the faid writ of error by I he I'^.id S.i/i>uel Vliittll, in form aforefaid profscurcd b^ quaihcd, vacated and held intircly tor void, iSc. 1^-5] Burr and Alivood, l^i"i"n'<:d o^^'* A Frerwards, to wit, on 'Tuejday next after three weeks of judt-fnent xx E.n'ier in that fame term, before the lord the king at I-Vcji' ajjamft the bill w«>//t'r comcs the {i^\A "James Burr by y. L. his attorney and in ^ Scire fay*, that in the record and proceedings aforefaid, as alfo in the f^^'\ adjudication of execution aforelaid, there is manifeft error, io this, to wit, that by the record atorefaid it appears that the judgment of adjudication of execution on the writ of Scire faciei aforefaid given was given for the laid Jo/in y^ttiood ag-d^niX the faid 'Jamef Burr, when by the law of the land of this kingdom of EnglunJ that jaigment ought to have been given for the faid Jtuues Burr, againll the faM "John AtivooJ ; and therefore in that it is manitellly erroneous ; And he prays, that the faid judi^ment, for that error and others in the record and proceedings aforefaid being, may be revoked, annulled and held inty-elv void ; and that the faid James may be reilored to all things which he hath loft bv rcaton of the judgment aforefaid ; and tliat the faid John •/*:-ii:ojJ to thofe errors may rejoin, ifc. Coote and Lynch. Strors affig'ned /• pterwards, to wit, on the 4th day of March in the Qth yea? on a judgment f\ ^^ ^y^^ ^^-^^^ ^p^^^ ]^^j IVilUum (he third, now king of £«p-- Q(\\n Ireland l'i".d^ co")e» t he faid /^/f/;.;;/acit/z \n the laid record and proceedings between the words [at the grand felf;ons] and the words [county aforefaid] thefe words [of the lord the king] were falfely certified; becaufe by the record aforefaid it appears, that between the vords at [the granil fi ffions] and the words [county aforefaid] are thele words [of the lady the queen :] fi^nd alfo in the declaration , in thefe words and proceedings aforefaid, brtween the word [unio] and the words [the queen's high way] this word [faid] was omitted to be certified ; becaufe by the declaration aforelaid in the record and proceedings aforefaid it appears, that between the word [unto] and the words [the queen's highway] this word nVidJ ii infcrted. /limerick Error. I226 Almerick de Cmirfey, Eari of Kif^ale, againft Comptotty knt. AFterwards, 60 wit, on IVednefdny next after a month of Enjier in the 5th year of the reign of the faitl flow lady the queen, before the fame lady the queen si H^ejlminjier comx:s the faid /Ih.erick de Courfey by James Cicfe his attorney and fdys, that in ihe record and proreedings aforefaid, as alfo in the ren- dition of the judgment aforefaid, there is maniieft error, in this, to \vi[, thit the declaration aforefaid, and the matter in the fame contained, are not ftfficient in law to maintain the aflion of the faid Francis Cvnpton, knt. thereof againft him the faid Almerick had J thereiore m that there is manifeft error: There is error alfo in this, to wir, that by the record aforefaid it appears, that the judgment in form aforefaid given vas given for the laici Fii.ncii Coinpion^ knt. againft the faid Almerick, when by the law of the land ov this king om of Ei:g!and the faid judgment ought io have been given tor the faid Altnerick againtt htm the faid Franch Cbmpton, knt. therefore in that it is manifeftly like- wi'e f rroneou5 : Th re is error alfo in this, to v/it, that by the record aforefaid ir appears, thSt the iflu^' aforefaid between the parties aforefaid in the plea aforefaid joineo was joined in Trinily term in rhe 4h year of th.- reign of the nyv/ lady the queen ; Ncverthclefi the wrir o'l vemre jacias bstween the parties afore- faid, in the plea aforefaid 'o try thai iflue, bore tejle and illaed long before the faid ifflje w.s joirsed, to wit, on the i 5th day of M:iy in the 4'h vear of the rc;gn Oi the now hdv the queen, and alfo was returnable and return?.: b fore the ifTue aforefaid was joined, to wir, on the inorrow of the Holy Trinity rhen next following, as by the writ o^^ venire f.7cias aforefaid in the cuftody of the Cvjlts Bievium of the lourt aiorefaio of record remnining filed more fully 'ippears ; there tore in that it is like wfe manifcftly erroneous; and the faid Almerick farther fays, that the record aforefaid to the lady the queen franfmitted is diminifhed in not ccr ifying here the faid writ ot A^fwir^yacZ/zf; whereupon the fame Almerick prays the writ of the i^dy the queen of Certiorari to be direfled to iht Cujios btenjium of the faid lady the queen of the bench, to certify here the writ aforefaid i and it is granted him, l^c. Ro. Raymond. In this (fife nn imparlance roll -was entered and certified^ lohere* upon judgment was affirmed in K. B. firrer altit^neff, tint the decla- ration i» iarufTi'' cicnt. That the tefle of thp •etnire was before ifTue joined. Cro. Car. ^5- 0. 31 H. 8. c 2 Lev. ^^. I Lev. 6g. Lutw. J 638. 30.^ [ 227 1 T^UtPf Hone, 227 Error. Tmttey and Houldcrl Certierari toihe TTTHercforC Thomas Tre'vor, knt. chief jufcice of the con> cnietjuttlcr, W nion bench is conimanJeti, that fearching the rolls and want o| wsr- other memorandums ot the warrants of attorney of the county ritv"bc°ine aT °^ H^orce/Jer of Eajier term in the 1 3th year of the reign oi'lVi/r fi-ntd For error, /'«w the third, late king of Eng/urrJ, &'c. bting In his cuftody of who rcturn'd record, he forthwith certifies 10 the faid lady the queen whercfo- ihere •mere ever, imider and TVoods ami others. Pkas hfore !/2e laJy the qi/een afWedimo^ct 0/ Trinity ferm in the riith yecrof ihe reign nf the LtJy Anne, now queen oj Great Britain, &c. Roll 54. England, to wit. 'T^ H E bdy the queen fent ft? iier trmly and _!_ well beloved 1 homns Tre^jor, knr. her chief juft'ce of the bench, her vvrit clofe in theft word-s, to wir, Anne by the grace of God of Great Byitain, France ami Ireland queen, defender of the faith, tfr. To her trufty and well beloved T/iomas Trevor, lent, her chief jnftice of the bench, greeting ; Eccaufe in the record and proceedings, as a!fo in the rendition of the judgment of a plea which was in our court before you and vour companions, our juftices of the bench, by our writ betweert John Alexander Rni\ John JVuoils, UxQ oi London, merchant, John Ofgood, late of iondo'i, merchant, and l^aihaniel Roufe, late of Lordm, merchant, of a certain trefpafs on the cafe to the fame John Alex ander,l^c. [to the end of the tranfcript] And the faid Jihn IVoids, J(thn Ojgoods and Nuthar.id'in mercy, '(Sc AFterwarcs, to wit, on Wednefdny'vicrd after i $ days 0^ E after in that fatne term, before t-he Wy the queen at Weflmivjler come the faid John Ojgood and iV- Roufe in their proper perfons, and fay, that in the record and proceedings aforelaid, as alfo in the rendition of the judgment afor^faid, there is manifeft error, in this to wit, that by the record aforefaid it appears that the judgment aforefaid is given as well againft the (aid John Woods as the faid John Of good ^r\A Nathaniel Roufe, when in triifh the faid John Woods in the plea aforefaid mentioned, before the trial of the iffue in the record aforefaid between the parties aforefiid joined, and before the rendition of the judgment aforefaid, to wit, on the 20th of July in thf 8th year of the reign of the faid now lady the queen at Horjham aforefaid in the county of S,v.jjcx aforefaid, died, and fo the judgment aforefaid is erroneous and void in law: And the faid J. Ofgiod a.n^ Nathaniel pray, that the judgmeat aforefaid, for the error aforefaid and other* being in the recor.i and proceedings aforefaid, may be revoked, annul- led and held intirely as void ; and that they the foid John OfgosJ and Natharul Roufe m^y he reftored to ail things which they have loll by reafon of the judgment aforefaid : And they pray a •writ ot the lady '.he queen to warn the faid Jo/in Alexander to be b'.fore the lady the queen to hear the record and proceedings aforefaid ; anil it is granted them ; whereby the f!i riff of the county of Si/fex is commanded that by good, k^r. he cauli; the 1 Mil John Alexander to know that he be b.-lore the lady the queen on the morrow ot the Holy Tr/n.'/y vvhcr-.-foever, Ifc. to hear the jccord and proceedings aiorefaid, if, >'Sc. aod iarther, isfc. The (ante The manner wf makin;; up a record of Niji print on ifTuc joiued in etror. [ 22S 7 Dirath ot one of the plaintifT."! in eiror before trial affigaed tor error. 9 Rep, 30. b.' Note; 'trin. 7 Geo. thele cnors on affi« divit the partv was ulive VJCis let aliJc. ^ a re facias piaycd. 228 The defendant appears and plcadf; that J. JV is living, and travel fes his drsth bc- fort the trial of tht ifTue. Repl. anJ ifl'ue oa thetravcrfc. Venire awarded of the body of the codnty. The jytjlr'tngat fcr the «ffifc6. 13 E. r. c- 3®' iz £■ z. c. 4« 14 E. 3. c; \6- Error. fame day is given (0 the faid ''john Ofgood and Nathaniel Roufet iffc On which day before the laly the queen ar IVeJlminJler come the laid John Ofgood ax\<.\ 'Nathaniel in their proper perfons, and the fherifFhuth nor returne.i thereof the writ : And the (aid John Alexamhr, on the fourth day of pleis b^ing^ folemnly called by J'h'i Allen his attorney, likewife comes and fays, that by any thing before alledged the ^judgment aforefaid ought not to be re- vcrfed, becaufe he fays, that the faiJ. John Woods \r\ the plea aforefaid mentioned is yet furviving and living, without that, that the fame John Woods died before the trial of the ilTue aforefaid in the record aiorcfaid between the parties aforefaiJ- joined, in man- ner and form as the faid John Ofgood and Nathaniel above have alledged : And this he is rea !y to verify : Wherefore he prays that the jui'.gment aforefaid may be in al) things affirmed, Sc. And the faid John Oj'goo rl Tind Nathaniel Rou/e as before Tay,' thai the faid John Woods died before the trial of the ilTue aforefaid in the record aforefaid between the parties aforefaid joined, in manner and form as the fai 1 John O/g^wd and Nathaniel R'lufe have above alledged ; An< thi? they pr ly may be enquired of by the country ; And the faid John Alexander thereof likewife, '^C. Therefore the flierifF of the faid touniy o{ Sufex is commanded that he caufe to come before the lady the queen from the day of the Holy Trinity in three weeks whefefoevtr, l^c. twelve, l^c. of the body of the county, Iffc by whom, l^c. and who neither, l^c. to recognize on their oath, whether the faid John Woods died before the trial of the iflue aforefaid in the record aforefaid between the parties aforefaid joined, as the faid Johr Ofgood znd. Nathaniel Rou/e have alledged, or not, becaufe as well, tiff. The fame day is given to the parties aforefaid, iffc. At which term before the lady the queen at M^eftminjier come as Vk^ell the h\d John Ofgood and Nathaniel Roufe'm their proper perfons, as' the faid John Alexander by his attorney aforefaid ; and the flu-nff of the county of Sufex, to wit, William Kent, efq; returns the faid writ of Fenire facias to him in form aforefaid direfted iti all things ferved and executed, together with a panel of the names of the jurors, of whom none, l^c. Therefore the fhcrifF is com- manded that hedillrain the jurors aforefaid by all their lands, ^r. fo that he may have their bodies before the lady the queen from' the day of St. Mic/^^/e/ in three weeks wherefoever, ^r. or be- fore the jufticesof the faia lady the queen, alTigned to take aflifes in the county aforefaid, if they fhall before ccmc on Monday 17th day oi July at Eafigrimjlead\n the county aforefaid, by the form of the ftatute, yc." for want of jurors, ^c. Therefore let the flieriff have the bodies, cff. The fame day is given to the parties aforefaid, ll!c. And be it known that the writ of the faid lady the queen thereof zSrh day of June in this fame term was delivered of record to the under- flierrfF of the county aforefaid^ iirafted in form of lavir, to be executed at his peril, t^c. fortes Error. C2Q 'Jones agalnft Stephens. AFterwards, to wit, on rfa-y next after in this fame term, before the lord the kin^ at Weftminfler comes as well the faid R. Stephens as the faid R. Jo»es in their proper perfons ; whereupon as well the writ of error afor' faid, as the record and proceedings aforefaid, bv pretence of the writ of error atorefaid tranfmitteci and certified to the faid court of the faiJ lord the king now here being feen, and by the court of the lord the king here more fully underftood and examined, becaufe it feems to the court of the faid lord the king now here, that Ed^ ivard N. knt. one of the juftices of the bench, was by the writ aforefaid commanded that he lliould certify the record and pro- ceedings of a plea which was before the faid E. N, and his com- panions, juftices of the bench in the court aforefaid, between the parties aforefaid : Nevenhelefs the faid E. N. hath tranfmitted to the court here the record and proceedings of a certain plea which was before G. T. knt. and his comparions, juftices of the lord the king of the bench aforefaid, and fo the writ aforefaid hath rot warranted the fending the record and proceedings aforefaid to the faid court of the faid lord the king now here fent and cer- tified : Therefore it is confidered that the writ of error aforefaid bequafhed, i^c. Mathews againft Ludlowe. AND the faid William Mathetjos by J. L. his attorney comes and fays, that the faid Henry Ludlowe ought BOt farther to profecute or maintain his writ of error aforefaid againft him the faid IViltiani Mathevjs, becaufe he fays, that after the judgment aforefaid in form aforefaid recovered, and before the day of the obtaining of the writ of error aforefaid, to wir, 17th day ofy///y In the 31ft year of the reign of the lord Charles the fecond, now king of England, ifc. he the faid Henry LuJloiue, by the name c( Henry Ludloive of Brandey in the county of Surry, efq; at JVeJiminJler in the county ot Middlefex, bv his certain writing of releafe fealed with the feal of the faid Henry, and to the court of the faid lord the king nowhere lliewn, the date whereof is the fame day and vear, remifed, releafed and for ever quitted claim to the faid IVilUam Matheivs, by the name onVilliam Mnthevjs, his executors and adminiftrators, all and all manner of error and errors, writ and wriis of error, and erroneous pro- ccfs wharfocver, and all benefits and advantages of the fame, and all mifprifion of error and errors, defers and impcrfcftions what- foever had, made, committed, omitted, done or permitted, in, about, touching or concerning the faid judgincnt in ejrftment aforefaid, obtained againft him the faid Henty bv the faid IVilliatn in the faid Trinity term then laft paft, in the faid court of the faid lord the king of common bench at Wef.minjler, for ihc faid one Vol. I. Cc aicfluagVi The entry of tlie quafliing % writ of error, becaufe the wjit did noC warrant the tranfcript of the recurd. A releafe of er« rors pleaded* W'-« 229 t Error. nioffiag?, ^o acr?s of land, 10 acres of meadov,', and 20 acres of paflure with the appurtenances in Bramhy and Sfmlforcl'm the r^id county o^ Sunj, deiiiifed to the faiJ IVilliam by the faid M. iitynt, v.'idow, for 5 years from the firll day ot Match then lalt paft, or in, about, touching or concerning any warrant, procefs, original declaration, pica, entry or other proceedings whatlbever of or any way concerning the fame judgment : And this the fame IVilliom is ready to verify : Wherefore he prays judgment if th* faid Henry ought farther to prr.ffcute or maintain his writ of enor aforefaid againft him the faid IVtlUafn, iffc. Eiim. Saundtrs. Elfe and Cotton, Rjpf Not his AND the faid Timot>iyi:xys, that he ought not to be precluded jl\ from his v rit ot error aforefaid a Jaintl him the faid tVi/li/zm Elfe on the judgment aforefaid had, becaufe he fays, that the writing of releafe aforefaid, by him the faid IVilliam in manner and form aforefaid above pleaded in bar of the errors aforefaid by the faid Timothy Onim afligned, is not the deed of him the faid Tiwo'hy : And this he prays may be irquired of by the country ; ^M/V/awarded. And the faid IVilliam hkewife, ^'c. Therefore the' ftieriff is com- manded that he Ciufe to coine before ihe lord and lady the king and queen from the day of Eafler in one month wherfocve, l^c, twelve free and lawful men of the neighbourhood oi M'ejlminjler aforefaid in the county aforefaid, each ot whom hath lol. ot land, tenements or rent yearly at the leafl, by whom the truth of the f"(5t may be better known, and who are no way related either to the faid IVilliam or the faid Timothy, to recognize on their oarh, whether the writing of releafe aforefaid be the deed of the faid Timothy or not: The fame day is given to the parties aforefaid, isSc. On which day before the faid lord and lady the king and I ^3* J queen at IVifftninfter ccme the parties aforefaid by their attornies aforefaid, and th." fniriff r turns the writ aforefaid in all things ferved and executed, together with a panel of the names of the jurors to the fame writ annexed, of whom none, ^Tf. There- Difiri»iai. jore the (lieriff is commanded that, he diftrain them by all thtir Icinds, l^c. and that of the ifTues, l^c fo that he iray have their bodies before the lord and lady the king and queen on the mor- row of the Afcenfion'cf the. Lord wherefoever, l^c. to recogn'7.e in form aforefaid, unlefs the tiufty and well beloved of the lord and lady tjhc king and queen JihnHlt, knt. chief juflice of the fame lord and lady the king ant! queen, afllgned to hold pleas in m/i priu; at the court of ihe fame lord and lady the king and queen before IVtjlminjler. jj^g j^,^ ^^j j^^j^ jj^g king and queen themfelves, ihall firft come on ThurfJay 20th day of July at li^e/lninjler in the great hall of 13 E. I. c. 3D. pleas there, bv the form of the (latute, tjfc. for want of jurors, U E. ?'o 6 ^~^' ^ ^^'■^^o''^ let the flurifFhave the bodies, ^c. The fame day .is given to the parlies aforefaid, i^c. Cavtler ^ Error. 230 Gawler and Elliot. AN 6 the fiid John Gnivlerhy J. y1. his aftorney comes and Plea Rcleafii fays, that the laid IVil'iiam ought not farther to proferiire or "' errors, tnainiain his writ of error afortfaiJ agairft him the faici yohrt, becaufe he fays, that after the judgnient in form aforelaid re- covered, to wir, 17th day o^ May in the year of the Lord 1716, he the faid William, by the name of William Elliott of the pariiTi ofSr. Pjitl Cozen t G.ir (ten \n MiJuleleXy woolln draper, at the parilli of St. Clement Dares in the county of MiilcHef^x atorefaid, by his certain writing of releafe fealed with the feal of him the laid IFilliak, and to the court of the lord the king now here iliewn, the date whereof is the fame dav and year, did remife, releafe, and for ever quit claim to the faid John, by the name of John Gait.ler, gent, his heirs, executors and admin'ftrators, all and all manner of error and errors, writ and wri's of error, and all benefits and advantages of the fame, and all mifprifions of er- ror and errors, defefts and imperfeftions whatfoever, had, made, committed, done or fuffered in, about, touching or concerning the faid judgment obtained againlt hi'.n the faid IVn'l.'^n by the faid John in the (aid Eafter term in the faid court of (he faid lord the king of common bench at IFtJlvin/ler, for 355/. debt, befide coCis of fuit, or in, about, touching or concerning any warrant, procefs, declaration, plea, entry or other proceeding whatfoever, of or in any manner concerning the fime jiidgment : And this the fan-e John is ready to verify : Wherefore he prays judgment if the faid i'Fjlliam ©ught farther to profecute his writ of error aforefaid againft him the faid Johny Isc . C. JVearg, Sheer es againft Pomercy. AFterwards, to wit, o'^ Thurfrlay next aftor j< Sa\"i of Er/ler J t^ *'^*."' ' in this lame term beiorc- the lady ihe queen at Ire/tinih/ter comcsti.e faid y. Sheereshy J. A. h's ait'-rney and fiys, that in the record and pmcec.lings aforefaid, and alio in the rendition of the judgment aforefaid, th'.re is manift-ft error, in this, to wit, that the declaration atdefaid in the record aforefaid u en- liotied, and upon which ihr jud;jmen( aforelaid in form af-^re'aid is given, and the maucr in Che fame contained, are no- iiftii.ief t in law to have or maintain that judgment in form aforefaid thereon given, and fo the judgiucnt aforelaid in form af refaid givui is irroneous and void in law ; therefore in that there is manitcll error; There is error alfu in this, to wit, that by ihe record Detihefeneof aforefaid it appears that ihe judgnK-nt aforefaid ii the pK a afort- |''^ pUmtift*^ faid given is given as well ff)r the faid IVillinm P merrj as for the j^.^, ^^ j^^^iif faid H^illium I'lomer, when in truth the (aiil Willinm Ptomtr in of iuquii)', the declaration aforelaid memioned, before the return ot the writ of inquiry of damag"* alorefaid, and before the rvntiiiion of t c 2 the 230 1 8tirtfecl*t |rayed. I 23» 3 Defendant ap- pears and (pro- tefting thtte is n« cnor) de> nura. 3H.7. c. 10. 4 A. €. |6. Error. the judgment aforcfaid, to wit, 18th day of November in the 8th year ol the reign of the lady Anne, now queen, i^c. at London aforefaid in the parifh and ward aforefaid died, and fo the judg- ijient aforcfaid is erroneous and void in law : And the faid Jonathan prays that the judgment aforefaid, for the errors afore- faid and others being in the record and proceedings aforefaid, may be revtrled, annulled and intirely held as void ; and that he the faid Jonathan may be reftored to all things which he hath loft by reafon of the judgment aforefaid ; And he prays a writ of the lady the queen, to warn the faid IVilliam Pomeroy to be be- fore the lai^'y the queen to hear the record and proceedings afore- faid, if. fiff. and it is granted him, i^c. Whereby the fl^erifFs of London arc commanv ed that by good, ^r. they give notice to the faid V/illiam P meroy \o be betore the lady the queen on the morrow of the Holy 'Trinity wherefoever, kTc. to hear the record and proccedinji^s atorefaid, if, tffr. and farther, life. The fame day is given to the fiid Jonathan, i^c. On which day before the lady the queen at IVeJimi'Jfer coines the faid Jonathan by his attorney aforefaid ; and the faid William Pomeroy being folcmnly called, by Edzvard Hnljiead his attorney likewifc comes : Where- upon the faid Jonathan as before fays, that in the record and proceedings aforefaid, as alfo in the rendition of the judgment aforefaid, there is manifeft error, alledging the errors aforefaid by him in form aforefaid alledged : And prays, thai the judgment aforcfaid, for thofe errors and others being in the record and proceedings aforefaid, may be reverfed, annulled and intirely held as void, and that he may be reftored to all things which he hath loft by reaf-.n of the judgment aforefaid : And that the faid ti^iUiam Pomeroy to thofe errors may rejoin, IfSc. Whereupon the faid V/illiam Pomeroy fays, that by any thing by the faid Jonathan above for error ailigned the judgment aforefaid ought not to be reverfed or annulled j becaufe by protefting there is no error either in the record and proceedings aforefaid, or in the rendition of the judgment aforefaid, neverthelefs lor plea the fame William fays, that the matters aforefaid above by the faid Jonathan in manner and form aforefaid for error affigned are not lufficient in law to y^str^t or annul the faid judgment, or to compel him the faid Williom Pomeroy to rejoin to thole errrors, and that he the faid William Pomiroy hath no necefiiiy, nor is obliged by the law of the land, in any manner to anfwer to thofe errors m manner and form aforefaid {ifligned : And this he is ready to verify; Where- fore he prays judgment, and-that the judgment aforefaid maybe in all things -.ftirmed and ftand and remain in its full ftrength, force and iff fl ; and he alfo prays his damages, coil;s and charges, by reafon of the (felay of execution of the judgment aforefaid, ac- cording to the form o the ftatuie in fuch cafe lately rnade and provided, to be adjudged to him, Cs'c. And for caufes of demur- rer in law in this behalf, according to the form of the ftatute in fuch cafe lately made and provided, the fame William Pomeroy doih fet down and to the court here exprefs thefe caufes foilovring, to Error. 331' to wit, Becaufe tlie errors above afligned are various and of dif- ferent forts, and contain feveral an fald Jonathan in manner and form aforefaid above afTigned, and the matter in the fame contained, arc good an^i lufficient in law to reverfe and annul the faid judgment, and to lompcl the faid IVtlliam Pomeroy to rejoin to thofe trr'Ts : Which faiii matter the fame Jonathan is ready to avtr and pri)ve, as the court, ^'f. And becaufe the faid IP'^illiam doth not rejoin to thofe errors, nor hi- therto any way deny them, the fame Jonathan as bt.fore prays, that the judgment aforefaid may bereverfed, annulled, and held as intirely void, and that he may be refiored to all things which be hath loft by reafon of the judgment aforefaid : Bur becaufe the court of the faid lady the queen now here are not y?t advifed to give their judgment of and upon the premifies, day therefore is given to the pirties aforefaid before the lady the queen until wherefoever, i^c. to hear their judgment of and upon thofe premifles, becaufe the court of the faid lady the now queea thereof not yet, i^c. Reynolds againft Seymrjur, AFterwards, to wit, on Tuef^ay next after the morrow of St, a writ of error Martin, before the lord the king at IVtJiminfter czmt ihe ciram ntbii refi- faid Elizabeth ReymUs by IV. B her guar^iian. by the court of -'""'^ '•'.,,. °, . r , n ■ i \. r being abated Vy ladv the queen untd from the day of hojler m 15 days wherefo- the death oi the ever.fiff. to hear their judgment thereon, becaufe the court of pliintifF. (I^g laij [gdy the queen here there* f not yet, t5^f. On v-hich day before the lady the queen at Wefimirfier coaie the faid Thomnt and IVilliam in their proper perfons and fay, that after the ialt continuance of the faid writ of error, 10 v.it, after the faid oftave of St. Hillary and before this day, to wit, the faid i 5'h day troiii Enjler, to wit, the ift day of April laft paft, the faid Henry Fox at M''oolley aforefai.i in the countyof//K;?a'rg./o'7 aforefaiddied inteftate, after whofe death admin'ftration of all and fingular the goods and chattels, rights and credits, which belonged to the faid Henry Fcx the elder at the time of his death, to one Henry Fcx the younger in due form of law was committed : And,lhis they are ready'^to verify: Wherefore they pray judgment of the writ of error Error. 233J error aforefald, and that the faid writ mny he quafhed, vacated and held as void, i^c. VVherctore it is corfiJered bv the court of the lady the queen here, that the writ of error be quallied, vacated and held as void : And thereupon afterwards, to wir, on ^ newwrit of IVeJnerday next after one month of Enjiery coines here into court cnor prayed, the faid Henry Fox the younger in his proper perfon, and prays leave to purchafe another writ of the (did lady the queen of error upon the record and proceedings afortfai^i in the court of ihc faid lady the queen before the queen herklf remaininjj ; and it is granted hun, l^c. Whereupon ihe faid Herry Fox the ad- miniltrator fiherwards, to wit, on the 30M1 day of /ff»ii in the 5th year of the reign of thefaid now lady the queen at IVeJtminJhr, coiiifs into the lame court of the faid la.iy the queen in his prcp?r perfon, and produces here in the court of the faid ladv the queen a certain oiherwrit ot the fait! lady the queen, dirtfled to the juitices of the fame lady the queen alllgned to hold pleas before the faid lady the queen; which faid writ tollows in thefe word?, to wit, y^nm, ifj'c. To our ju dices afligned to hold pleas before The writ fet us: Becaiife in the record and proceedings, as alio in the ren- forth j.-j *^c dition of the judgment of a plea which was in our court before *''''*** Thomas Trtfor. lent, and his companions, our julliccs of thf bench, by our writ between Henry Fox the elder and Thomos King late of, i^c. U^iilia^u Blunt /ham late of, Ifjc. of a certain trtlpafs on the fame Henry Fox by the faid tliomas and IPllliam committed, as it is faid, (which laid record and proceedings by reafon of error happening we have caufed to be brought before us, and they now before us remain, and the laid Henry Fox is dead, as it is faid,) a manifell error hath happened, to the great damage o{ Hemy Fox the admuiiftratr.r of the goods and chattels which belonged to the faid Hcury Fox the elder, who died inteftate, asii is laid, as by his complaint we have underftood : We willing the error, if any haih been, fiioulu he duly corrtfled. and full andfpeedy jufuce done ro the parties afortfaid in this behaif, command you, that infpefling the record and proceedirgs afore- faid you farther caufe to be done therein to correct that error what of right and according to the law and cuflcni of our king- dom 01 E"glunii ihdW be to be done. Witnefs ourfelf at fp'e/}- tninjltr, 30th day of y^/r/V in the 5th year of our reign. And the Prays the jodg- faid Henry Fox prays, that the judgment aforcfaid lor the errors mcrt tobc re* above afligncd may be reverfed, annulled and intirely held as ^y'"" void J and that the court of the faid lady the queen now here '• ^* may proceed (o the exanjinaiion as well of the record and pro- ceedings aforefaid, as of the matters aforefaid above as aforefaid alllgned for trror ; but becaufe (he court of the laid lady the queen now here are not yet advifed to give ilieir judgment of and upon the prcmiiles, day is given to the parties aforcfaid in tlie faid writ of error lafl rienfioncd before the lady the queen until on the morrow of the Holy Trinity whcrtfotvcr, ^c. to hear their judgment thereof, becaufe the court of the faid lady the queen lurt thereof not yet, Iffc. Cc 4 LL,4 as5 Error. Error afligneJ la parliiimcnt. Genrri! r the faid James fi-^aUer againft the faid A^j- (/loliis and IVilliatn, when by the law of the land of the kingdom of /rf/rtK^ that judgment ought to have been given for the faid NichAns and William againft the faid James ; theretore in that it is manifellly erroneous : And this the lame Nicholas and li'it/i am are ready to verify : Wherefore they pray that the judgment aforefaid, and the affirmance of the fame, for that error and others being in the record and proceedings alorefaid, may be re- verfed, annulled and held as intirely void ; and that the fame Nicholas and IVilUam may be reftored to all things which they have loft bv reafon of the judgment and affirmance aforefaid, l^c. and thac the faid James to thofe errors may rejoin, f r. Whereupon day is given by the court of the faid lord the king now here to the faid James until from the day of Eof.er in 15 days then next following to rejoin to the faid errors : The fame day is given to the faid Nicholas and WilViam there, iSc- And be- taufe before the faid 15 days from F.ajler the faid lord the late king IVil/iam the third departed this life, and before the fame day the plea aforefaid was adjourned by writ of the lady /inrje, now queen of England, ifc of common adjournment before the fame lady the queen at M'^ejlminfier until to and upon this day, (o wit, from the day oi E a fhr in three weeks, and alfo before the faid three weeks from the day of Eajler, unto which day the plea aforefaid was adjourned, to wit, on the 9th day of Augufl 1700, ihefaid James IValler at IFeJlminJJer aforefaid made his laft will and teftament in writing, and by the fame conftiluted Dorothy liis wife his fole executrix thereof; and afterwards, to wir, on the 13th day of April 1702, he the faid James Waller at WeJlminJJer in the county of Mid Me/ex aforefaid died, and the faid Dor')tliy his executrix took upon herfelf the burden of the execution of the will aforefaid, and that will in due form of law proved, to wir, at IVeJiminjler aforefaid in the county aforefaid ; And this the faiJ Nicholas and William do not deny : Whe-rcupon at the faid 15 days from Ea/ler btfore the faid lady the queen at H'ejlminfter come as well the faid iVilliam zadNichaht by their aitorncy afore fs^id, :^33 Error afn^ncd on a juJtrment, and t'le affir- mance thcrcaf JQ Ir^lastd, I 234 I Day IS given t« joia in error. Demifc •fth« king. Adjournment ot the tciiu. The pIiintifFia error ilicJ, and hin exccuki'ix • ppcircd »nti rijT er com^s the faid HovotWJohn Huiueilhy C. C. his attorney, nil snd Cdphu ard lays, that in the recor^l and proceedings aforefaid, as a!fo ia Kiucdbefo't ttic the renviiiion of the judgment atorcfaid, there is manifcll error, o.uie d actioa becaufe the fiid Kin-^yn and Elizabeth his wife on the Ath day of (JJlober in the c)th vear ot tne reign or the laiJ lord the now king fued out their original writ out of the court of chancery of the faid lord the king, i;i the piea aforefaid againft the faid HoiveLl, dire(!rted 10 the then flieriffof AiO/)/;.o«//4, which faid writ was re- turnable before the judices of the faid lord the king of the bench at IVeJlminjUr from the day of St. Michuel in three weeks then next following : and that the faid Kini'yn and EUzaheth afterwards, to wit, on the 23d day of Ociober'in the c^ih year of the reign of the fai(i lord the now king, profecuted out of the court of the faid lord the king of the bench a certain writ of the faid lord the king pf capias ad refpondendvin on the original writ aforefaid againlt the faid HovL^ell, to the iherifFof the county of Mmmmlh aforelaid di- rcifted, which faid writ was reiurnnble before the jullices of the faid lord the king of the bench at IVeftmitifler from the day of St. Alcirtin in I 5 days ; upon v^hich laid writ of capias ad reff-onden- duvi the faid Hotvcll'john Ho'weliws.s taken and appeared in the plea aforelaid : and becaufe it appears by the record aforefaid, that the afTnidf, battery, and all the trefpafs aforefaid was committed by the faid Hoiue I J on the firft day of Decfviber in the yth year of the rtign of the faitl lord the now king after the iffuing of the ori- ginal writ aforefaid, and ot ih'e faid writ ol capias adrejforuhndumi tliere*dre 'he judgment aforefaid is erroneous and void in law ; which faid writs remain filed in the cuffody of the cujiis hreuium of the faid lord the king of the bench of Vlichaelmas term in the Qth year abovefaid ; and the faid Hoiiell prays a writ of the faid Cerfinrar! tn ford the king 0^ certiorari to be diridfed to the faid cuftos hrez'tut/jf th« Cujits Brt' to certify as well the faid original writ as the faid writ oH capias ad **-^'"' refpondetidum, and thcfeveral returns of the fame writs ; and it is granted him, ^c. Wherefore by writ of the faid lord the king iiow^ Error. J234- [ 235 J The return of the cujlts br*- •vium. ilow here, IV.T/iwJl'y, efq; cujhs i-rez'ium 0? thz faij lorJ tfifi king ot the bench is commancied, that fe-arching the original writs and the writs of cnpins actre pivderditm of the county ot Monmouth of Michatlmai term in the Qth year of the reign of tlie faid lord the king, bc-ing in his cuflody o{ record, and what of the fame writs he iliall find, together with th- returns of the fame, as fully and intirely as they remain before him, to the faid lord the king without delay, wherelbever he Onli then be in England, he cer- tify, too^ether wiih the writ to him therefore direfted ; which faiJ William 'Thuifiy the cuftos brei-ium aforefaid hath thereon return- ed and certified to the faid lord the king, that the wriis original and writs of capias ad refpondendum of the faid lord the king of his county oi Monmouth of M.ich.it(.n2as term in thegth year ot his reign aforefaid, being in his cuftody of record, being fearched, there is a certain writ original and a writ oi capias ad refpondendum in the plea aforefaid between the parties aforefaid in his cuHody filed of the fame term, the tenor of which faid writs together ^with the returns of the fame, as fully and intirely as they ren)aia in his cuftody filed of record, he hath certified to the faid lord the king, as appears in a certain fchedule to the fame writ annexed, as by the writ afcref-iid he was commanded ; which faid writ follows in thefe words, to wit, Williamy ^c. ( fo recite the original The tenor c^ to) And have there the names of the pledges, and this writ, the ougm»U Witnefs Thomas archbifliop of C^:ntsrbury und th^ refl of the juftices and keepers of the kingdom at IVeJlminJier 4th day of Odober in the 9th year of our reign. Killifipham, Pledges to prof€C-ute John Dof and Richard Roe; the wiihin Th« fterifTs named Horvell John hath nothing in my bailiwick whereby he "-ftur"- can be attached. theophilus Reynolds y efq; /herifF. William, &c. (reciting the capias to) Witnefs G. frehy at The tapiat. IVeftminJler 24th day o{ Odober in the 9th year of our reign. FJv virtue of this writ to me dirtfled 1 have taken the body of The(herifF> the wiihin named Ho'w ell John Honxjeil, whole faid body I have reiuia. ready at the day and. place within contained. fheophilus ReyroUs, efq; flierl/F. And the faid Ho-uell pravs, that the judgment aforefaid, for the error aforefaid and others being in the record and proceeding? aforef-.id, may be reverfed, annulled and hrld as intirely void, ijnd that he may be reftorcd to all things which he hath loft by reafon of the judgment aforefaid : And he likewife prays, that the court of the faid lord the king here may proceed to the examina- tion as well of the record and proceedings aforefaid, as ot the matters 235 Error. The defendant appear* and joias ia error. matters aforefaic! above for error afligned ; and that the faid Kinvvn Huttj and Elizabeth :o the er or aforefaid may rejoin, Whereupon the faid Kin'vyn Ilatry and Elizabeth his wife fredy here in court by J. E. their attorney come, and having heard the error aforelaiJ immediately fay, that there is no error either in the record and proceedings aforelaid, or in the rendition of the judgment aforefiid, and pray hkewife, that the court of the faid lord the king now here may proceed to the examination as well of the record and proceedings aforefaid, as ot the mat- ters aforefaid above for error afligned, and that the judgment aforefaid may be in ail things afiinned : but becaufc the court of the faiJ lord the king now here are not yet advifed to give their judgment of and upon the premilfes, day therefore is given to the parties aforefaid b-rfore the lord the king until wherefoever, ijfc. to hear their judgment of and upon thofe premifles, becaufe the court of the laid lord the king now here thereof not yet,^^. On which day before the faid lord the king at M'^eflminjier come the parties aforefaid by their attornies aforefaid : And becaufe it feems neceffiry and expedient to the court of the faid lord the king now here, before they proceed farther in this behalf, that the faid lord the king fliould be certified, whether there is an/ writ original againft the faid Hozvell, at the fuit of the faid Kinvyn Harry and Elizabeth his wife in the plea alorefaid, in the faid court of the faid lord the king of the Ijench at Wfjlmivfter filed of record of Hillary term in the gfh year of the reign of the faid lord the now king, or not ; William Thurfby, efq; the cufios ^rfT.'/MOT of the faid lord the king of the bench is commanded, that fearching the original writs of the county of Munmouih afore- faid of the faid Hillary term in the 9th year abovefaid, being in his cuftody filed of record, he certify what he lliall find of that writ together with the return thereof, as fully and intirely as it remains with him, without delay to the faid lord the king, wherefoever be fliall then be in Ergland, together with the writ of the faid lord the king to him therefore dirtfled : Which faid IV. T. efq; the cujlos brevium bath thereon returned and certified to the faid lord the king, that having fearched the original writs of the faid lord the king of his county of Monmouth of Hillary term in the 9th year of the reign of the faid lord the now king, being in his cuftody of record, there is a certain writ original between the parties aforefaid in the plea aforefaid in his cuftody filed of record ; the tenor of which faid wrt, together with the return of the fame, as fully and intirely as it remains in his cuftody filed of record he hath certified to the faid lord the king, as it appears in a certain fchedule to the fame writ annex- ed as by the writ aforefa'd he was commanded ; which faid [ 236 ] wrh M\ovfs\nlhs( of /^///-/f:>' term in the 9th year of the reign of the faid lady the queen, being in his cuftody of record, and what of the faid writ between the parties aforefaid he /Kail find, he without delay certify to the faid lady the queen wherefoever, ^c. together with the writ of the faid lady the No original cer* queen to him therefore directed : Which faid cujios bicjium tifkd. hath thereupon returned and certified to the faid lady the queen ^^^^' 7''» that by virtue of the writ aforefaid to him direfted, having fearched the writs original of the faid lady the queen of the coun- ty of MiJJlefex of Htllaiy term in the 9th year of her reign abovefaid, in his cuftody filed of record, there is no original writ between the parties aforelaid in the plea aforefaid in his cuftody filed of the faid term which he can certify to the faid lady the queen, whxh faid writ oi certioruri, together with the return of the fame, is filc^d among the records without day of this term : And as to the return of the faid writ of certiorari above prayed, f^^^^ tTifwit to certify whether awrit of inquiry of damages or any fuch inqui- or inquiry ntx fition of the faid oftave of the purification of the bleffed Mary mijit breve. between the parties aforefaid is filed of record or not, the fame cujlos breziium of the faid lady the queen hath not returned the Scirt fatits faid writ, nor done any thing (herein : And thereupon the faid awarded. J^hn Graham prays a writ of the laid lady the queen, to warn the faid John Renault to be before the lady the queen to hear the record and proceei ings aforefaid, ^c. and it is granted him, IfSc. whereby the iheuff of MiJdle/ex is commanded that by good, fs'c he give notice to the faid John Renault, that he be before the faid lady the queen from the day of the Holy 'Trinity \n 1 5 days wherefoever, ^f. to hear the record and proceedings aforcfaid, if, ISc The fame day is given to the faid John Graham^ l^c. i^Gl Error. tjfe. On which day before the lady the qu?en at Wejimlnjler comes the faid ^ohn Graham by his attorney laft above named ; r)-fei»(1i«t IB- and the flierifF hath not returned the writ : And the faid Jolm {.ears ind il- Rfnault \xtt\'v Qomt% herein court by 'John Alle-i his attorney, Irdjes in origi- y^ And thereupon the faiil "John (.iraham as before fays, that *•'• rn the record and proceedings at'ortfsid, as alfo in the rendilioni of the judgment aforefaid, there is nianifell error, aliedging the errors aforefaid by him in form aforefaid allcJgfd : And he prays, that the judgment aforefird, for the errors aforefaid and otiiers being in the record and proceedings aforefaid, may be rcverfei?, annulled, and held as entirely void, and that the {.i\^JohnRe- rault to ihofe errors may rejoin : Whereupon the (:iid John Re- nault lays, ihit there is a certain writ original between the parties aforefaid in the plea aforefaid of Hillary term in the 9th year of therei^fnof the faid lady the now queen in the faid court of the ^ . , ^ , faid lady the queen of the bench filed of record : And he prays etjtTtTrtvlulii » writ of the faid lady the queen to the faid cujhs brcv^um of the faid lady the now queen of the bench aforefaid to be dire(5ljd ; to certify the faid lady the now queen more fully of the truth there- of ; and it is granted him, fifr. Whereby the faid cu/los breuium of the faid lady the queen of the bench aforefaid is commanded, that fearching the files of the writs original of the county of M.^ dleftx aforefaid of Hillary term in the 9th year of the reign of the faid lady the now queen abovefaid, b. ing in his cuflody ot record, and what of the original writ aforefaid between the parlies ator^:- faid hefball thereon find together with the return of the fame, as fully andintirely as it remains wiih him, he without delay certify 10 the laid lady the quetn wherefoever. t^c. together v.'irh the writ of the faid lady the queen to him therefore direfted : The wVio certifies as fame day is given to the parties aforefaid, l^c. And the faid cvjlos onjinal ot the ^rei'ium of the faid lady the queen hath thereon returned and cer- rifctit terra. ^.j-^^^ ^j^^^ having fearched the fil-s of original writs of the C.id la.fy the queen of the county of Mu-ldlefex oUhe faid hr'/.ry term in the tjth year of the reign of the faid lady ihe queon, in his cuf- lody filed of record, there is a certain writ original beJween the . , parties aforefaid in the plea aforefaid in his cuftody filed of the ^ •^'^ ■' faid M///7»j^ term, the tcncr of which faid writ, together with the return of the fame, as fully and intirely as it remains in his cuflo- dy filed, of record, he hath certified to the laid lady the queen, as appears in a certain fchedule to this writ annexed, as by the writ aforefaid he was commanded ; which faid writ follows in thcfe words, to wit, J>it>e by .he 'grace of God, Effc Cfo recite the ivrit to) to the dam »ge of the laid 'John Renault 1 30/. as he fays ; and have there the names of the pledges and this writ. Wiinefsour- felf at Weiiminjler the fecond day oi January in the 9th year of our reign. ° liaines. By the lord keeper of tbs great fcal of Great Britain, at the paiuongfiheplainiiir. fX^^gti. Error. .237 Pledgps to profecute John Doe and R-charJ Koe ; the wi;hin named Juhn Craham ha:h nothing in my bailiwick whereby he can be acuched. F. knf. The anfwer of -^ and ^flicrifF. lint. CG F. < anc If. E. And upon this the faid J. Reyr-^uh by. his attorney aforcfaid ^••'^^''^^* '■'^'^ comes and immediately fays, that there is no error either in the re- ** * cord and proceedings aforefaid, or in the rendition of the judg- ment aforcfaid ; and prays likewife that the court of the faid lady the queen now here may proceed to the examination as well of the record and proceedings aforefaid, as of the matter afortfaid above Tor error affigned ; but becaufe the court of the faid lady the queen now here are not vet advifed to give their judgment of and upon the premiffes, day therefore is given to the parlies afore- faid by the court of the fai'J lady the queen here until where- foever, l^c. to hear their judgment thereof, becaufe the court of the faid lady the now queen thereof not yet, ^c. Davey againft /irnoid. AFterwards, to v/it, on IFednefdny next after three weeks of ^»'>P>'*> '* «''" the Holy Trinity m that fame term, before ihe lady the queen "•; *f'«^'^** at Irepmirijter comes the laid Lieorge Uetrge, iffc. O'l which day before the lady the queen at IVellmirJler comes the faid G. in his proper perfon, and the fheriff of 6":vrry aforefaid, to wit, IV. H, efq; returns that the faid £. Arn:ld hath nothing in his bailiwick whereby he can give notice to her, neither is ilie found in the fame, and the faid F.. doth not come : Therefore the flieriff of Surry is as before commanded, that by good, l^c. he give notice ro the faid R. that fhe be b-^fore the lady the queen on (he odtave of St. Murtir\ wherefocvcr, ^r. to fiiew in form aforefaid, if, ^r. »fld farther, f^c.Thc fame day is given to ihe faid G. ^cOn whicU da/ 237 1 Error. Aaj before the lady the queen ai Weftmlnjier comes the faid G. I« his proper pcrfon, an.l the iherifFof ^Surrj' aforefaid, to wit, the faid W. B. efq; likewife returns tliat the faid E. hath nothing in his bailiwick whereby he can give her notice, neither is fhe found in. the fame ; and the faid E. altho' the 4th day of plea folt^mnly called, doth not come, but haih made default : And upon this the faid G. fays, that the faid E. hath not yet afiigned error or errors in the record or proceedings aforefaid : Therefore day is given to the parties aforefaid before the lady the queen at Ji^ejl". minfter until IVednefday next after 15 days of St. Martin where- foever, tiff . to wit, to the faid E. to aflign error or errors in the record and proceedings atorefaid, l5c. On which day before the lady the queen at /'/'^(f/?w;«y?<'r comes the faid G. in his proper perfon, and the faid E. on the fame day folemnly called comes not, but hath likewife made default, nor doth farther profecute the writ of error aforefaid againft the faid G. Therefore it is con- fidered, that the faid E. be in mercy, and that the faid G. have thereof execution againft the faid E. as well of the pofieffion of his term aforefaid yet to come of and in the tenements aforefaid -with the appurtenances, as of his damages, cofts and charges aforefaid, according to the force, form and eftlft of the recovery aforefaid, l^c. And farther it is confidered, that the faid G. re- cover againft the faid E. ^ I. 10 s. to the fame G. by the court of *H. ''•c. 10, the faid lady the queen nowhere, according to the form of the flatute thereof made and provided, for his damages, cofts and £ 23S ] charges which he hath fuftained by reafon of the delay of the ex- ecution of the judgment aforefaid on pretence of profecuting the faid writ of error ; and that the faid George have thereof likewife execution, cff. fVallcot and Dillon. Error in the JnlatiJ, to wit. HT^ H E lord the king fent to his trufty and well l^'"^'*. r I beloved courSeWor Ric/inrJ Pynf, knt. his bench la ire- , . ^ . „, ^•■■, .,,1 •.• ^ c .i- lg„j^ chief jutiice, afiigned to hold pleas m his court betore the king himfelf in his kingdom oi Ireland, his writ clofe in thefe words, to wit, Williitm the third, by the grace of God of EnglnnJ^ ScotlunJy France ind Ireland king, defender of the faith, ^c. To our trufty and well beloved counfellor /?. Pjine knt. our chief juftice, aftigned to hold pleas in our court before us in our king- Error by the dom of Ireland, greeting ; Becaufe in the record and proceedings, heir to reverfe as alfo in the rendition of the judgment in our court before us ia ajudiiment of jj^g kingdom o{ Ireland, on the tenor of the record and proceed- rever a ui t c j^^^ ^j: ^ certain judgment on a certain indiflment againft T. IV, riven on an late of Z.. gent, dcceafcd, for certain high treafons touching the indiftmcnt of perfon of the lord Charles the fecond, late king of Englar.d, and high trta^n x.\vQ record and proceedings of reverfal of that judgment by reafon at tae Old of error happening, and alfo the record and proceedings of affirm- Bsilev, where- r 1 /- ° • j r r 1 l • ° ■ \ r on the anceftor ance of the fame judgment 01 reverlal by us in our writ dole to ■Wis Uund gu'i- you lately fent, a manifefl: error has happened, to the great ty and execii- dama?ft ted. ^ Error. 238 damage of J. D. widow, counttfs of R. in our kingdom of Ireland, affignee ot IV. D. efq; late earl ot R. aforefaid; to which faid IVilliam the faid lord Charles the fecor.d, late king of Eng-' iand, by his letters patent under his great feal ofEng/ati/l gave and granted all the lands and tenements which belonged to the faid 7*. /f^ in our kingdom of Lelund, which were forfeited to the fame late king by the faid attainder of him the faid 'JhomaSy to hold to the fame IVillicm^ his heirs and affigns for ever, as we by the complaint of the faid Ifahi^l have underllood ; We willingthe error, if any hath been, fliouIJ be duly corredFted, and full and fpeedy juftice done to the fame 'J. in this behalf, command you, that if judgment be given on the tenor of the record and pro- ceedings aforefaid, fp as aforefaid trai)fiiii:ted, then the record and proceedings of that judgment, with all things touching the lame, you diftinftly and openly tranfmit to us under your feal, and this writ, fothat we may have them from the day of the Holy 7r-j«z7j in three weeks, wherefoever we fhall then be in England^ that the record and proceeJinj;s being infpefted, we may farther caufe to be done therein what of right fliali be to be done, and caufe notice to be given to one 'J. IV. fon and heir of the faid T. W. deceafed, that he be then there to hear the record and pro- ceedings aforefaid, and farther to do and receive what our court before us in England fhall confider in the premifles. Wiinels ourfelves at Wejlminjler 13th day of May in the 1 ith year of cur reign. The record and proceedings whereof mention is within made, Psp ^''P' '^7 with all things touching them, I tranfmit before the lord the king ^o^'J?- '^^ 'o wherefoever, tffr. at the day and place within contained, in a l^A' j* * ^** certain record to this writ annexed ; and I have caufed notice to . ^^ ' be given to the within named "John W, that he be then there to proceed in the motion atorefaid, as 1 am within commanded. The anfwer of /?. Pyw. Pleas of the crown before the lord the king at the kind's court €tf Michaelmas term in the c^ih year of the reign of our lord M^illiam the third, by the grace of God of England, Scotlandy France and Ireland king, defender of the faith, l^c. \\ itncfs Richatd Pyne, km. Savage. Thelord the king fent to his truf.y and well beloved counfelJor R. P. knt, his chief juftice, afllgned to hold pleas in his court before the king himfelf in his kingi'om of Ireland, his writ clofe in thefe words, to wit, JfViHiam the third, by the grace of God o\ Englnnd, Scotland, France zn'\ Ireland king, defender of the faith, ISc. To our truftv and well beloved counf^llor R Pyne knt. our chief jurtirc aiTigned to hold pleas in our court before ourfelf in our kingdom of //f/rt«'/.- The tenor of the record and proceedings, as well of the rendition of the judgment on a cer- tain indif\ment agai-ift 7". IF. late of L. gent, deceafed, for certain high trcafofis touching the perlon of the lord Churln :he fccond. Vol.. I. Dd l^ifl. 52.8 4 Error. late V.hg of Ei^!anJ, whereof he wa* Incl^Aed, and tbcrco* fonviffled by a certain jury of the county thtreoii between the (Vi.l lonl the late king and the faid Tho:na:, taken before the jiifbces ot the lord the king, afllgned to dtiiver the gaol of Newgate tor the city of L. of thr priloners bein^^ in llie fame, and judgment v/as thereon giren tor the faid late king againll the laid i himas IV. which faid record and proceedings thereof, by rcafon ot error r 1 happening we have caufed to be brought into our court bcfor^; *• *^^ ■' us \n England, to the great dannagc of him the faid J. VV. fon and heir of the faid T. W. and we in our fame court before us, for divers errors in the record and proceedings aforefaid found, the JL'dginent aforefaid have revcrfed ; which faid record and pro- ci'coings afterwards we have caufed to be brought before us in our parliament in Er.gl.ml, by reafon of error happening, as he hath alledgcd; and ait rwards in the fame court of parliament it was conVi.lered, that the judgment of reverfal of the judgment aforefaid Jliould be in all things iifiirmed ; and which faid recorri and prcce^-dings before us in our fame court betore us in Englar.d now remaining, as it is faid, bv John HJt, knt. our chief jul- tice afliJned to hold pleas before us in EnglnnJ, by virtue ot our writ cf ftr/Zofc/// 10 us in our chancery in England ccn.Hed, and on the file of our fame chancery of record remaining, together with the tenor and return of the fame, we have frnt to you in- clofed in ihefe prefents, commanding you, that infpeding the ■ tenors aforefaid you farther caufe to be done therein what ot right fhal! be to be done. Whnti's T/iomas archbifliop of Canterbury and the other keepers and juftices of the kingdom at IFeJiminJiir 5th day of July in the 9th jear of our reign. I.ayton. Allowed R.'Pyr.e, Ctru-trar! on ■ V/illiam the Third, ^c. To our trufly and well beloved J. the indiaraent. p^jf^ q^^ chief juftice affigned to hold pleas before us, greeting : Beir.5 willing for certain reafons to be certified on the tenor of the record and proceedings as well of the rendition ot the judg- ment on a certain inoiJiment againtl T. IV. late of L. g-^nt. de- ceafed, for certain high treafoi.s touching the perf?n oi the lord Charles (hefecond, hue king of ErgJand, whereof he was in- dicted, and thereupon by a certain jury of the county thereon bitween the faid late lord the king and the faid Thomas, taken b..fore the jutlicts oi the faid late lord the king afiigncd to deH- v^-r the gaul of iVev-gat:: for the city of Eondun ot the prifon-'rs beip<^ in the fame, was conv:(nei1, and judgment was thereupon g vi-n for the faid late king againft the faid T. Z/''. which fiid re- cord and proceedings thueof by reafon of error happening vire have CrtUied to be brought into our court before us, and we in our laid court before us have reverted the judgment aforefaid for divers errors in tlie judgment and proceedings aforefaid founv*. ; which faid record and proceedings aiterwards we have caufed to be bfO'J^ht before us in our parliament by reafon of error hap- pening. Error. 230 pening, as it is alledged y and afierwarJs in the fame eoyrt of parliament it was confi.iered, that the judgment of rcverfal of the judgment atorefaid fliould be in all things affirmed ; and which laij record and proceedings before us in our fame court before us now remaining, as it is faid, We command you, that the tenor ot the record and proceeding nforjlaid with all things touching the fame, you diftini^tly and openly fend to us in our chancer/ without delay, wherefoever we fiiall then be in ErgLmJ, under your fcal, and this writ. Wiinefs Thomas archbifiiop of Can- terbury and the other keepers and juftices of the kingdom at yi^ejiminfler 2ift day of 'julj in the 9 h year of our reign. The anfiver of ]. Holt, hnt. the chief j-ifiice ixjiihin ivritten : The tenor of the record and proceedings within written, with all things touching the fame, 1 certifv to the lord the king in li:s chancery in a certain fehcdule 10 this writ annexed, as 1 anj Vtiihin commanded. J. Iloh. pleas before the lord the king at iVeJlmlrfler of Eajler term in the 7th year of the reign of the lord William the third, now ting of Er.glaTiii, ^Sc. among the ple^s of the crown, Roll 3. LonJon, to wir. The lord the king fent to his iuTiices by his loi- ters patent rtiade under the great fta! of Erpjand, to inquire by ihe oath of good and lawful men of the city of London, and other way^, me'hodsand means, whereby they could or might b;;tter know of all treafons, niifprifions of treafons, in'Urreftions, re- bellions and other Rufdemcanors, offences and injuries v^hatevei*, and aTo to his juflices afligneti to deliver his gaol of //. for the city of Lr,nd'jn of the prilorers being in the fame, and to evcrj^ of them, his writ clef* in thefe words, to wit, William, ^c. To cur juflices by r^nr 'ert' rs nqrenr made under the great feal of England, to enoiiire by tli^ oath cf good and lawful men of the ci'y of /. and other v/sys, mt;ihods and meai.s, whereby they could or ni'phi b-tter knew of all rreafons, mifprifior.s of trea- fon, inlurrcClions, rtbelii-ins and oihtr mildemeanors, offences and injuries whatever, and alfo to our jullices afiigritd to (^""liver our gaol of Ne"j.f^a-e for the city of L. of ihe prifoners being In the lame, and to evtry of them, greeting; Becaufe in the re- r „ -1 cord and proceedings, and alfo in the rendition of the judgment L -^4 J of a certain indif^iTient againft T /^. late of L. gent, deceafcd, ■v\'rit of error for certdin high treafons icuching the ptrfon of the lord Chmla to remove the the fecond, late kin^ of Englaruty whereof he is indidted, and inrliftmcm into thereupon bv a certaih jurv ot the county thereon between the chancery, faid lord the late kip({ and the faid T. taken before the juflices of the faid lord Chnvles the fecond, late king of England, l^c af- fi.^ned to deliver the gaol a'ore'aid, is conviflcd, and judgment is ihereon given, as it is f^i.I, luanili ll error hah happtnt-d, to the grtHt damage cf J. !*/. fon and heir of the faid T. as by his D d a complaint teimiacr. pt|o Error. complaint w? have underftood ; We being willing the error, if any hath been, fKouId- be duly corrected, and full and fpeedy jiillice done to the laid John in this behalf, command you, if judgment be given, then the record and proceedings aforefaid, with all things touching the fame, to us under your or one of your feals you dilTinftlv and openly fend, and this writ, fo that we nny have 'hem from the day of Enfter in three weeks, where- foever we /lial! th:n be in F.rglarcl, that the record and proceed- ings aforefaid b-ing infpefted, we may farther caufe to be done therein to corrcft that error what of right and according to the law and cjftnm of our k'ngdom of England fliall be to be done. Witnefs our- .- r at IVe/iminffer i6th d^y of March in the 7th year of oui reign. T'te execution of this writ appears in a fchedule and record to this writ annexed. The anfwerof Tho- fn/fs Lane, knt. mayor of the ciiv oi Lon.lon and one of the juf- tices wiiliin wri'ten. The record and proceedings, whereof ra the writ abovefaid mention is ma je, follows in thefe words, to •The comm'fll- wit, Be it remembered, that by a certain inquifi'ion taken for on Of oyer and the moft fcrene lord the king at Jujiice-Hall in the Old Baily London^ in the parifh of St. Sef>ulchre, in the ward of F. With- out, London, aforefaid, on 'Jhurfdoy, to wit, the lath day of July in the 35fh \ear of the reign of our lord Chnrles the fecond, by the grace of God of Evglnnd, ^c. before IV. F. knt. mayor of the ciry of Lo'idon, F. P. knt. chief jufiice of the faid lord the king of the b"r>cli, bfc. juflices of the faid lord the king af- Cgned 13 ncld pitas before the king himfelf, ^f. Henry Tulfcy Jcnt. James Smiih, knt, Cffr. al j^rtiien of the faid city, and their companions, jufticts of the faid lord the king, by the letters pa- tent of the faid lord ihe king to the fame juftices before named and any tour or more of them under the great feal of the laid lord the king of England m^Ae, to enquire by ihe oath of good and lawful men of the city rj London, and other ways, methods and means, whereby they could or might better know as well within liberties as wiihour, by whom the truth of the hCt they might the better know, and enquire of all freafons, m'.lprifions of tren- fon, infurreft'ons, rebellions, counterfrilings, clippings, wafli- ings, falfe coinings, and other fallities of the monies of this iingdom of En^h/nd or other kingdoms or dominions whatever, and of all murlers, felonies, homicides, killings, burglaries, rapes, un'awful cor^gregations and conventicles, fpeaking of words, conibinaiirns, mifpriiions, confederacies, falfe allegiances, trefpafl'cs. riots, routs, retentions, efcapes, contempts, falfitics, Jiegligerces, concealments, maintenances, opprcflions, champar- ties, deceipts and other mifdemeanors, offences and injuries what- ever, and alfo the acceffaries of the fame, within the ciry afore- faid, as well within liberties as without, by whomfoever and how- foever had, done, perpetrated or committed, by whom, or to whom, when, how and in what manner, and of other articles and circumftances the premifTes and every of them hov.foever con- •erning, laore fully the truth and the fame treafor.s andotherthe preuiiiTcf Error. J S,i% premises to hear and determine according' to the law and cuftom of the kingdom of the faid king of Engl ir.d afligned, by the oath of/?. A. Elq; R- P- ^c. good and lawful men of the city of L. aforefaid, it is prefented. That T. IV. late of L. as a falfe traitor againft the moft illuftrious and moft excellent prince our lord Charles the fecond, IIjc. his king and natural lord, not having the fear of God in his heart, nor conGdering the duty of his alle- giance, but being moved and fec'uced by ihe inftigation of the devil, the love and true, due and natural obedience, which a true and faithful fubjeft of the faid lord the king towards the fxid lord the king fliouKl bear and of right is bound to bear, wholly wiih- drav>fing, and with all his miglit intending the peace and common tranquility of this kingdom of ZTr^/^w^ to dilturb, and war and rebellion againft the lord the king to raife and move, and the government of the faid lord the king in this king ioui of England to fubvert, and the faid lord the king from the title, honour, and rayal name of the imperial crown ot this kingdom ci Englun i to depofe and deprive, and the faid lord the king to death and final dertrudion to bring and put. on the fecond day of March in the 35th year of the reign of the lord Charles the fecond, now king of England, ^c. and at divers days and times as well before as alter, at the pariili cf St. Michael B. in the v/ard of B. London, ma- licioufly and traitoroufly, with divers other traitors to the jurors aforefaid unknown, did confpire, compafs, imagine and intend the faid lord the king his fupreme lord, rot only of the regal ftate, title, power and government of this kingdom of England to deprive and put out, but alio the fame lord the king to kill and to death bring and pur, and the ancient government of his kingdom oi England to change, alter and entirely fubvert, and miferable (laughter among the fubjefts of the faid lord the king throughout I 241 1 his whole kingdom of England to caufe and procure, and infurrec- tion and rebellion againft the faid lord the king to move and ex- cite within this kmgdom of /i«»/'/«^ : and to perfeft and accom- pli(5i the fame his moft wicked trcafons and rraiterous compafllngs, imaginations and intentions, the laaie 7 ho. If^alcoU as a falfe trai- tor then and there and at divers other days and times, as well be- fore as after, maliciouHy, traiteroufly and advifedly aftembled himfelf, met and confulted with the laid other traitors to the jurors aforefaid unknown, and with the fame treated of and for the exe- cuting and accomplilhing the fame his treafons and traiterous compaiTmgs, imaginations and intentions, and that the faid 7h7. IValcott as a falfe traitor malicioufly, traiteroufly and advifedly then and there and at divers other days and times, as well before as after, aflumed upon himfelf and to the faid other traitors pro- mifcd he would be aiding and alTifting in the execution of his Irea- fon and traiterous compaifings, imagiiiations and intentions afore- faid, and in the provifion of arms and armed men to perfed and accomplidi the fame his treafons and traiterous compaHlngs, ima- gvnations and intentions aforefaid ; and to perfect and accomplili D d 3 the j^t Error. the fame his mofl wicked trcafons and fraitcrous compamogs, imaginations an.! intentions atorelaid, ifie lame T. /F. as a falle traitor lualicioi.ny. traiterouflv and advifedly tlien and there arms, to wit. blunderbufT^s, i^c procured am.! prepared, a^ainft the du- tv of his allegiance, againfl the peace o^ the faid lord the now 13 a. a.c. I. ting, his crown and dignity, trV. and alfo againfl ih«- form of the ft-uute in fuch cafe made and provided, Iffc. V/hertf.»rf ilie fli''- rjff« of the citv aforefaid were commanded, that they fliould not oiiiit, ilfc. but fhould take the faid T. IV. if, ^c. toaufwer, ts!c. And now, to wit, at the; gaol-dehverv of the fail lord the king of N. held lor the ti'y oi' /.. ar Jullice-Hall aforefaid in the faid parifli of St. S ill the ward of F. iVichout, I on Jon, aforefai 1, the faid Ihurf.Ioy x\\Q I zlh i^zy 0^ J in the 35ih year abivefaid, before the laid /-r. P. knt. mnyor of the city 'of Z.. T. P. k'>r. chit-f j'lilice, C^V anotiK-r inilice of the fu'^h^rd the king afTigneil to hold pl?as b.'fore tlie" king himftlf, IV. T. knt. J. E. knt. W/-. aUli-'rmen of the fiid ci:y, and others ihcir companions and ji;f- ticcs of the faid lord the king afllgned 10 deliver his gaol of N. of the prifoners being in the faiK, to the faid ju'd'ces of the faid lorti t!ie king before named, by their own proper hands delivered W^a/«f iadia- the indi(5tment aforefaid hrre in court of record in form of law to ^''' be determined, ^c. Whereupon at this lame gaol-delivery of the faid lonl the king of ,V. heid for the city aforrfni 1 at Jujiice- //:,w\dow, countcti in parliamect. Error. J 243 ^M'jntef? of R\ in our kingdom of Ireland, as by her complaint •we have underftood ; We willing the error, if any hath been, fhould be duly corrected, and full and fpeedy jufticedone to t!ie fame I/al^el in this behalf, command you, that if the judgment oa the writ of error aforefaid be reverfed, then you fend the record and proceeding aforefaid, with all things touching them, to us in our parliament at the next feffions, 28th day of this inilant month of July to be held, and this writ, that the record and pro- ceedirgs aforefaid being infpefted, we may farther caufe to be done therein, with the aflent of the lords fpiritual and temporal being in the fame parliament, what of right and according to the law and cuftom of our kingdom of England Hiall be to be done. Witnefs Tfiomns srchbifhop of Canterbury and the reft of the keepers and juflices of the kingdom at IVeflm. 6th day of juIy in the 8th year of our reign. By virtue of which faid writ the laid K.etHrn of the chief jullice the recorid and proceedings aforefaid, with all things C. J. of the touchmg them, to the faiti lord the king in the prefent parliament fccord with his with his own proper hands produced, according to the command "^" '^'^"'^^ '^'"^ of the faid v/rit : And hereupon T. Tre'vor, knt, the attorney general of the lord the now king, who for the fame lord the king in this behalf profecutes, before the lord the king and the peers of this r ^xx 7 kingdom of ErylatiJ in this prefent parliament at JVefliiii?iJ],;r in .j-j^^ attorner^ the county of Middle/ex aflcmbled, in his proper perfon comes general a8;gn» and fays, that in the record and proceedings, and alfo in theren- errors, cition of the judgment upon the laid former writ ot the faid lord the king to correct error, by the faid J. W. profecuted for reverfing and annulling of the judgment aforefaid againft the faid T. W. on the indictment aforefaid, for the high treafon aforefiid given, there is manifell error, in this, to wit, that whereas by the record aforefaid it is fuppofed that the faid J. W. did put in his place one A, B. his attorney to profecute the faid former writ of Diminution. K« error in and upon the indi6tmei!t for the high treafon aforefaid, warrant of at- nevertheiefs the faid A- B. had no v/arrant of attorney for the *'"'°*y- f^me J. W. filed of record \. therefore in that there is manifeil error : There is error alfa in this, to wit, that by the record aforefaid it appears that the judgment aforefaid for the reverfing and annulling of the judgment aforefaid againfl. the faid 1 . W. in form aforefaid given, was given for the faid "JAV. againft the faid lord the king, when by the law of the land of this kingdom of Er.gland that judgment ought to have been given for the faid lord the king againft the fame y. IV. therefore in that there is like- wife manifeft error : And this he is ready to verify : Wherefore )ie prays judgment, and that that judgment, for the errors afore- laid and others being in the record and proceedings aforefaid, may be reverfed, annulled and held as entirely void ; and that the laid lord the king to all things, which he by reafon of the reverfing ■asd annulling of the judgment aforefaid hath loft, may be rcftor- ed, l^(. And the faid 7. 7re^'or^ knt. the attorney general of the lord the now king.who lor the fame lord the king in this behalf prgfccutes, prays a writ of the fuid lord ihc king to the faid J, Holt, a43 Csrt'sraritoiht C. J. ..f Ch« kiu^''« bcuclu Who *«rtifiei there is oo v-airant of at- •ttracy. •eiat'.a«iiiCc4 Jndgmen* to sffirm thejuifg- frent ol rcTcr- Error. /£//, lent, to rrrtify the fame lord the kin^ here in the rame court of pariiaiiitnt in th? preinitres more fully the iiuih thereof; and it is grsnted him ; wiicrcby the fame J. Hdt, lent, the chief juf- tice atorcfuil, is commanded, that fearching the files of rhe fame court of (hj lord the king before the kincr |iini{>.ir, whether any warrant ot aitorney be f.leti of record in ilie court of the lord the ling before the king himfclf for one A. B. to profecute a writ of error for the revcrlal of the judgment of a certain indi<5lment againft T. IV. row deceaftil, lor certain iiigh treafons whereof he is indided, and thereupon is convicted, to the faid lord the king here in the prefent pajliament of this kingdom, he without ias aJ Jalisfiiciend' laft mentioned, in this, to wit, that it doth not appear in what bailiwick nor in what place the faid J. M. was not found : There is error alfo in this, that by the re- cord aforefaiil it appears, that on the feveral days given by the court of grand fefiions aforefaid for the return of the feveral writs of capias ad jatisfac in the record sforefaid mentioned, one "John without any furname in the record sfcrefaid, came and appeared by his attorney in the fame grand fifilons ; therefore by the re- cord aforcf.ud it doth not appear that the faid J. W. came upon the fame day in the fame grand f^^iTions, nor that the faid J. W. came and appeared by his attorney in the fame grand feltions ; therefore in that there is manifeft error : there is error alfo in the entry of the return of the writ of fjr/^^M/, in this, to wit, that it coth not appear that the flieriff of the county of D. returned the writ o\' exigent aforefaid, nor in what place or time the faid J. I\f. was firfl, fccondly, thirdly and fourthly proclaimed, and alfo that in the f.iid record ot the entry of the return of the writ of exi'"^nt aforefaid this word county is fuperfiuous and inlcnfible : There is e»-ror alfo in this, that the faid J. M. was outlawed by the judgment of one of the coroners of the lord the king of the county aforefaid, when by the law of the land the fame J. M. ought to have been outlawed bv the judgment of the coroners ; therefore in the proclaniaiion of the outlawry aforefaid there is inaniftll error : And he prays the writ of the lord the king to warn the faid J. IP", and M. to be before the lord the king to heir the record and proceedings aforefaid ; and it is granted Mm, ^c,* Whereupon the flierifrof the county of D. is com- maoJed that by good, ^c. he caufe notice to be given to the faid 7. Pr. and M- his wife, that they be before the lord t?ie king on the oftave of the Holy Trinity wherefoever, ilfc. €0 tea° the record and proceedings aforefaid, if, ^c. and farther Error. 245 farther, cifc The fame day is given to the faid J. M. l^c. On which day before the lord the king ai l'Fe/imw/!sr comes the faid y. M. by his attorney aforefaid, and the fhcriff of D. to wit, £. D. bart. returns that he by \irlueofthe writ afortfaid to him therefore dirtded by R. E. and R. S. good and lawtul •^">'/*^*-^ men of his bailiwick, had caufed notice to be given to the l..id jf- W. and M. his wite, to be 'bei'cre the lord the king at the bt- tore mentioned tenir, to do and receive as the fame writ in itfcif commanded and required ; which faid J. IV. and M. aliho' fo forewarned, on the fourth day of plea being fo!cn:inly called do not coma, nor fay any thing in bar or preclufion of the feveral Default. iTiatters r.forefaid above for errors refpefliveiy affigned, i^c. Whereupon the faid J. M. as before favs, that in the record and proceedings aforefaid, and alfo in the proclamation of the out- lawry aforefaid againft him the faid J. M. there is uianifeft error, alledging the errors aforefaid by hint the faid J. A'L in form aforefaid above refpcftively alledged : And the fame J. M, prays that the judgment aforefaid, and alfo the outlawry afore- faid thereon founded, for the errors aforefaid and others as ' well in the record and proceedings aforefaid as in the pro- clamation of the outlawry aforefaid rcfpeflively appearing may be reverfed, annulled and held as void: and that he the fame J. M. as well to the common law, as to all things which he by rea- fon of the judgment and outlawry aforefaid hath loft, may be re- ftored i and alfo that the court of the lord the king now here may proceed to the examination as well of the record and proceed- ings aforefaid, as of the fcveral matters aforefaid above for error rcfpeft^vely afligned, i5c. And becaufe the court of the lord the king here are not yet advifed to give their judgment of and upon the premifTes, day therefore is given to the faid J. M. before the lord the king from the day of St. Michael'xn three weeks whcre- foever, i^t. to hear their judgment thereon, becaufe the court of the lord the king thereof not yet, ^c. On which day before the lord the king at Wefiminjhr comes the faid J. M. by his attorney aforefaid ; whereupon all and fingular the premillcs being feen, and by the court of the faid lord the king now here more fully j , . .l * 1-11 . r 1 1 1 1 T-i \ ■ lui.gmeBt, that underitooJ and confidered, and mature deiioeration, bjing the outlawry thereon had, it is confidered, that the outlawry aforefaid, for be rcverfcd- the errors aforefaid being in the record and proceedings aforefaid, be reverfed, annulled and held asintirely void ; and that he the fame J. M. as well to the common law, as to all things which he by reafon of the outlawry aforefaid hath loft, be reftored ; whereupon the faid J, IV. and M. by J. M. their attorney come ^j^j dcfent Error. I'iioiri :o t>.nft errors, ^r. On which (lay before the lon'! tlie kin^ tt IVellmirflercomt as well the (aid '/. ///. as the Tail J. W. amt M. by tlieir atrornies aforefaiJ ; whereupon the faiJ J. M. as before favs.that in the recorJ anil proceedings aforefai-i, and alfo in fhc rendition of the judgment atorefaiti, there is manifcft error, aliedging the errors atoreiaul by him in form aforefuJJ above al- JedgecJ, ami prays that the juiignient atorefaiJ, for thofe errors and others, being in the record an>l pro.ee lings af)rcfiid, may b? rcverfed, annulled and hei i as intirely void; and that he to all things, which he by reafon of the judgment aforefaid hath loO, nay be reftored j and that the faii1 J. IV. zn<\ M. to thofe error* may rejoin : Whereupon the faid J. IV. and M. fay, that the re- An^aTIc'Tg'e cord and proceedings aforefaid to the faid lord the king in form that the record aforefaid fent, and before the lord the king now remaining, i* lyalicly ccrtifi- {^](^\y certified, to wi', In the declaration in the record aforefaid, between the words, Whereon thefime J. and M. and the v/ords, Say that whe;tas the faid J. M. are falfcly certified, th^fe words (by the fiid J. IV. one of the atiornies ot this court in his proper perfon) when in iherecord aforefaid, before the juftices of th^^ faid Jord the king of his grand ftlfions ot his county of D. remaining, are thefe word (in their proper perfons) and alfo in the certifica-e cf the judgment by nihil ^tcit to the <'eciaraiion aforefaid in the record aforefaid fo as aforefaid certified, between the words. Come as well the faid J. and M. and the words, As the faid J. iW. thefe words (in their proper peifons) are omitted out of the certificate alorefaid, but they are in the record of the judgment aforefaid before the faid juftices of the faid lord the king of his grand fefTions of the county of D. aforefaid reiDaining j antl alfo between the words, John M. by, and the word aforefaid, are iaifely cert'fied, thefe vvords (their attornics) when in the record of the judj^nient aforefaid before the faid juftices of the faid lord the king of his grand f^rions of the countv of D aforefaid remain- ing, are thefe words (his attorney :) Whereupon the faid 7. IV. and M. pray 3 writ of the lord the king to be directed to the juf- lices of the grand fefTion"; of his county of D. aforefaid, to certify the lor i the king more fully the truth thereof; and it is granted them, Ifc. whereby the juftices of the grand felfions of D. are €crthrarl to commanded, that fearching the rolls of the entries of ihe deda- tie juftices of rajjo^^s and judgments thereon in the grand feffior.s of the lord ^negran c.ii- j^^^^ the fecond, late king of ErgluncU of the county of Z>. aforefaid, held at IV. in the county aforefaid on Monday \.\\QX';'^\i. day oi Setienthcr in the fcconxl year of the reign of the fa:d lord James the fecond, late king of England, Ifc. betore J. C. knt. ferjeant at law, and J. IV. efq : the juflices of the faid lord the king of his grand feffions of the county of D- aforefaid, and v;hat ot the falfc certificates and cmilTions aforefaid ihev fbill fifd, 10 the faid lord the king from the day of F.njler in five we^. ks, whcrefoever he Tiiall thrn be in EngLmJ, they certify, together f 24.6 ] with the writ of the lord the king to them therefore direfled : Oa which day before the lord the king at Wef^mirjler J. J. knf. juttict ■ Error. 24^ jyfiice of the lord the king of his grand fciTions of the counry of i). aforefaiJ, and 5. L. knt. the king's I'erjcant at law ario re- corder of the city of [on.:on, another juftice ot the fai.1 lord the kincr of his grand fcliions of the county ot D. afortfaid, jufticcs of the faid lord the king of his grand flffions of the county ot D. F.fore- I'aid, have to the faid lora the king returned and certified, that bv The retrim •f virtue of the writ of the laid lorJ king to the:n cirected, they the f(rr.'i#r»r», have fearchcd the roll of the entries of the declarations znd t!ie judgments thereon in the grand fehlons of liie lord y/?me( fhs lecond, late king of Zs?;^/^;, J of the county of /), aforelail, held at IV. in the county aforefaid on Mofiday the 27th day of Sep^ temher in the fecond year of the reign of the faid lord James the fecond, late king of EnglunJ, l^c. before the faid J. C. and y. tV. then juflices of the laid late lord the king of his grand feflions of the county of D. aforefaid, being in their cullo-iyot' record, and have found among the rolls of the fame grand feflions of the entries of the declaritions and the judgnienii thereon of record between the pariies aforefaid in the plea afore- faid, that in the declaration aforelaid in the record aforefaid before them remaining, between the words, Whereon the fame y. ani A/, and the words, Say that whereas the faid J. M. are not the words (by the faid J. IV. one of the attornies of this court in his proper perfon) but are thefe words (in their proper perfons j) and alfo they have farther certified, that in the judgment by nihil elicit upon the declaration aforefaid of record aforelaid before them remaining, between the words, Come as well the faid J. and il/ and the words, As the fame y. M. are contained thefe words (in their proper perfons ;) and they have alfo farther cer- tified, that in the fame judgment aforefaid, between the words, y. M. by, and the words aforefaid, are not contained thefe words (their at'ornies) but are contained thefe words (his attorney ;) which faid writ, together with the return thereof, is filed amon jr the records of this term of record: And hereupon the fame T. r rr « — ^ and M. lay, that m the record and proceedings aforelaid, and ratum. alfo in therencition of the judgment atorefiid, there is no error ; And Iikewife pray that the court of the faid lord the king here may proceed to the examination as v/ell of the record and pro- ceedings aforefaid, as of the matters aforefaid above for error afllgned ; and that the judgment aforefaid may be in all chine's affirmed: And becaufe the court of the lord the king now here are not yet advifed to give their judgment of and upon the pre- niilfes, day therefore is given to the parties aforefaid before the lord the king until on the morrow of the Holy Trinity wherefo- cver, l^c. 10 hear their judgment thereon, becaufe the court of she /ord the king here thereof not yet, '^c. l«i/«r. •2^(yt Errof. Butkr and JVilmot. 5rror iflTgnfd, A Fterward», to wit, on Wednefday next after 15 days of tint the defen- £^ Eajier in this fame term, before the lord the king at Weji- Jor any affida- fore the lord chief juftice, or before any other of the juftices cf vit made t^g coiimion pleas by any pcrfon whomfoever, as according to the fcrm and effcfl of the aft aforefaid is required; nor any appear- ance by any attorney of the fame court of common pleas afore- fai \ was enter'd for him the faid Thomas, at the fuit of the faid Ruth, in the plea aforefaid ; therefore the faid Thomas fays, that in that there is manifeft error, and prays that the judgment afore- faid for ihofe errors may be reverfed, annulled and held as in- tirely void j and that the faid Ruth to thofe errors may rejoin, ^r, [ 247 ] yoAw ^^// plaintiff; 7o/i« yozsjw defendant ; To the Right Honourable the Mafterof the Rolls ; The humble petition 0/ Mary Wall, ivido'W, a'dminiftratrix of the goods and chattels 0/ John Wall, her late hujband decedfed. PUiiion W C< He-zveth, that your petitioner's late hufband having a debt leave to file an O ^^ ^^^ hundred pounds upon bond due to him from the de- <»rigma , fendant, and a warrant of attorney to confefs judgment thereupon in the court of common pleas in Hillary term in the 8ih year of her late majefty queen Anne, employed Mr. James Harrington late of Nevj-Inn in the county of Middle/ex, decetfed, who was aa Error. 2247 Jin attorney of the faid court, to enter up -.i juogment purfnsnt to the faiil warrant of attorney ; which judgment the fiid Mr. Harrirgton entered accordingly. That the faid defendant be^ng evfr fince the entrv of tVie Hiid judgment in n-.ean cirt.iimflances, and not in any capacity to pav (he fa'd debt, no procufs was ever fued out, nor any \L{.br, and be v/ithout remedy for any futisfadion lor the lame. yi'id for liiat there is no v/rit of error brought on the faij ' judgment, your petitioner mofl humbly prays your honour's or- der to the curfitor of liereforJ/}dre for the making out of an cri- minal on the inflruflions hereunto annexed. And your fethloKer /had ever pray, &c. Inytor and another and Ford. AFrerwards, to wit, on ire'/refjtiy neT.t after in the rd e.ntry of the writ ofyVrV^ A/rr^j in the rec^rl aforefaid above fpccified ; therefore in that likev/ifc there i» manifeft error ; It is erroneous alfo in this, to wit, that by the record af^orefaid ir is iiu-niioned, that the faid "J. F in the record aforefaid nnmetl appeared by IV. G. his attorney, never- ihelefs the {zms fK C bad no warr^pt of attorney of record in the court of the lord the k;.^g of the bench filed to warrant the Vol. i. E« appcaraii«« 247 1 Error. appearance of him the faid IV. G. for the faid J. F. againft the faid IV. T. and J. B. in the plea abovcfaid ; therefore in that it is manifcftly erroneous; Ami the rime I'F. T. and J. B. pray fcveral writs of the lord the king, to wit, one of them to the chief juitice of the lord the king of the bench, and the other of them to the cujlos bre^uhan of the bench aforefaid, to be direc- ted, to certify the faid lord the king more fully of the truth thereof j and they are granted them, ^c. [ 248 J Strode and Palmer. Terror in Par- /^ ^^orge^ If^c. To our trufty and well beloved Thomas ^ Parker, baron of MaccleifieU, our chief juftice aflignc ^ lord ifamcTit otia ^^ Parker, baron of MacckifieU, our chief juftice afligned to jud-rment r>n a hold picas before us, greeting : Becaufe in the record and pro- writ of 7Ifa«- ceedings, and alfo in the remlition of the judgment of a plea damus. which was in our court before us by our writ of Mundawus in the nature of an stElion on the cafe, according to the form of the fta- tute in this cafe made and provided, between George Strode and John Paliiur, as it is faid, a manifeft error hath happened, to the great damage of the faid John as by his complaint we have un- derftood : We willing the error, if any hath been, fliould be duly correft^d, and full and fpeedy juftice done to the parties in this behalf, command you, that if judgment be therein given, then the record and proceedings aforefaid with all things touch- in* them to us in our prefent parliament under your feal diftinft- ly and openly without delay you fend, and this writ ; that the record and proceedings aforefaid being infpefted, we may farther caufe to be done therein, with the aftcnt of the lords fpiritual and temporal in the lam-: Parliatnent being, to correft that error what of light and according to the law ami cuftom of England fhall be to be done. Witnefs ourfelf at IVeJlminJler 4th day of June ia the 3d year of our reign. By the lord the king, ParneU- The anfiver 0/ Thomas lord Parker^ baron o/" Macclesfield, the chief juftice ivithin named : The record and proceedings of the plea whereof mention is within made, with all things touching them, to the lord the king in the prefent parliament with my proper hands I have produced in a certain record to this writ annexed, as I am within com- manded. • Parker. PICMS Erfof. J 248 Pleas hefore the lord the king at Wedmirider of Hillary term in the firft year of the reign of the lord George noiv king 0/ Great Britain, ^f. Roll 20%. nmovg the pleas of the croion. Somerfet, to wit. /^Therwife, to wit, on the 20th day of AV \^_/ 'vemher in the firft year ot the reign of the lorJ George now king -t" Great Britain, t^c. before the ("aid l,ord the king at V/efiminfter, the fame lord the Vw.g fent to John P<^/»/er, bailiff of his borough of Ivelchelhr in the county of 00- tnerfety his writ clofe in thefe words : Geo-ge, fffc. To John Palrfier, bailiff of our borough oi l; admitted and fworn ; and whereas the fame George Strode, after fuch his election aforefaid, the oath in that cafe ufual before you was ready and offered Iiiinfelf to take, and by you into the place and office aforefaid to be a'iuiittcd and fworn demanded : Neverthtlefs vou the bailiff of the borough aforefaid not ignorant of the premiffes ; but your duty in this behalf little regarding, the oath in that cafe ufual to the faid George Strode to adininifter, and the fame George into the place and office aforefaid to admit and fwear, have altogether refufed, and yet do rcfufe, in contempt of us, and to the 'great damage of the faid George, and the manifeft prejudice of his eflate as by his com- plaint we have undcrftood ; We therefore willing that due and fpeedy juftice be done in this behali' as is right, command and firmly injoin you, that immediately after the receipt of this writ, the oath in that cafe ufual to the faid Geo-' ge you adminifter, and the fame George into the place and office aforefaid you admit, and to the things, together with all liberties, privileges and fran- chifes to the place and office aforefaid belonging and appertain- ing, or caufe to us to the contrary thereof fignify, left in your default complaint fhould come to us repeated ; and how this cur writ you fliall have executed make known to us at IVeJl- Tiinjler on Monday nexi after the 0(5tave of Syt. Hillary, this our V rit to us then remitting : And th's in no wife omit at your pe- ril. Witnefs T. Parker, knt. at PVeflminller 20th day of No- lember in the firft year of our reign. On which Monday rest after theoflave of St. Hillary before the lord the king at IVe/l- minfter the faid fohn Palmer returns the writ aforefaid as fol- lows: The finfiver o/"John Palmer bailiff of the borough of Ivelchcfter 'jxilhin 7nentioned. I John Palmer, bailiff of lie borcugh of Ivelchefler v.ithin [ 249 J mentioned, to the moft frrene lord the king moft humbly certify, that the within named George Strode was not elcfted and ap- pointed into the plate and office of one of the capital burgcfTL-s £e 2 of £49 ^ rror. of til e borough aforefaiJ, as by that writ within is fuppsfed ; an-i therefore the oath in that cafe ufiial to the Tame Jo/in Stroile I cannot adniinifler, nor the fame John Strode into the place and office aforefaiJ oiigiit to admit and fwtar, as by that writ I am within commanded. Jo'^" Pa/mer. And Dpon this on the fame Monday next after the odavc of St. Uillity before the faid lord the king at JVelhnitiJter coifles as well the f.iid G. S. in the writ and return aiorefaid named, by R. B. his attorney, as the laid J. P. in tlie fame writ and return likewife named, by//. M. his attorney ; and the faid G.S. fays, that he the fame G. S. into the place and r,ffice of one of the capital burgeHls of the borough aforelai.l was elected and ap- pointed, as by the writ aforefaid is fuppofed : And this the fame G. S. prays may be inquired of bv the country ; And the faid Venire nwarJ- J. A thereof likewife, ^r. Therefore to try the ifTue afor:faid ed returnable in form afortfaid joined, at the petition of the faid G. S. the ilie- Cdai'' f>ur^' riffof the counrv of S?ttierfet aforefaid is commanded, that he doth not omit, &'c. but caufe to come before the faid lord the king at M^ellminflfr on Satu-day next after theodave of the pu- rification of the bleffed virgin Mary twelve, l^c. by whom, bjg, and who neither, ISc. to recognize, i^c. bccaufe as well, l^c. The fame day is given as well to the faid G. S. as to the faid J. P. On which faid Saturday next after the oflave of the pu- rification of the blefled virgin Mary before the faid lord the king p., ct IVeJlriiinJler conies as well the faid G. S. by his attorney afore- faid, as the faid y. P. by his attorney aforefaid : and the fheriff bath not returned thereof the writ ; therefore as before, to try the ifl'ue aforefaid i;i form aforefaid joined, at the petition of the faid G. S. the fberiffof the county of K^omerfet aforefaid is com- manded, that be doth not omit, £r'c. but caufe to come before the fliid lord the king ?xV/eJlminfler on Wednefday next after i ij E»Jler, days of f/jy^fr I2, ETc by whom, i^c. and who neither, ffff. to recognize, If^c. bccaufe as well, ^c. The fame day is given as well to the faid G. S. as to the faid J. P. Ifc. On which faid IVednef.'ay next after i 5 days of EaJIer bclore the faid lord the king at iVfJlminfler cnmts as well the faid G. S. bv his attor- ney aforcfaiil, as the faid J. P. by his attorney aforefaid ; and the flierifF h ith not returned thereof the writ ; therefore as often- times, to try the ifRie aforefaid in form aforefaid joined, at the petition of tfie faid G.S. the /beriffof the county of Somerfet ■f'jrcfaid is commanded, that he doth not omit, i^fc. but caufe to CJine before the faid lord the king at IVeJlmirfler on Friday next Trimtj- after the morrow of the holy Trinrfy i 2, tfc. by whom, ^c and who neither, isfc. to recognize, ^c. becaufe as well, ^c. The fame day is given as well to the faid G. S. a? to the jf. P. l^c. On which faid Friday next after the morrow of the holy Trinity before the faid lord the king at IVejlminJlcr comes as well the faid Return »f the G. S. his attorney aforefaid, as the faid J. /*. bv his attorney y^nd of the juftices aforefaid, are added anew, whofe names are annexed to the panel within written, according to the form of the ftatute in fuch cafe made and provided ; and the jurors fo ad- 35 H. 8. 6. (\cA anew, to wit, J. R. J. IV. f. P. R. G. IV. B. J. E. PV. E. iV. IV. H. A. R. B. and V/. H^. being called likewife come, who to fay the truth of the within contained, together with the other jurors aforefaid firft hereto impanelled and IwOrn, being elc6led, tried and fwcrn, fay on thiir oath, that the faid G. S. inio the [ 250 J place and office of one of the capital burgcffes of the borough of l-jelchejler within mentioned was elefted and appointed, as bv the writ within fpecified is within fuppofed : Whereupon all and fin- gular the premifTes being feen, and by the court here undeiftooil, it is confidereil by the court here, that the faid G. S. recover a2;ainft th.e faid J. P. the fuin of 35/. for hi'; cofts and charges nuout his fuit in this behalf expended, according to the form of the ftaiuie in fuch cafe made and provided. Afterwards, to wit, the 8ih day of Marcli in the fourth year Errois jiT^gneA of the reign of the lord Ci?o/7J^, ^'O^'' '^'"g f^f Grent Brit/jin, Cffr. before the faid lord rhe king and the peers of this realm in ihcpre- Icnt parliament at IVejlminJler in the county of MiJiUeJtx i;llem- E e 3 Lied 2^0 Error. bled comes the faiJ J. P. in his proper perfon and fays, that in the record and proceedings alorelaid, and alio in the rendition of the judgmenl aiorefaid, there is iiianifeft error, in this, to wit, that by the record atorefaid it appears, that the judiJiutnt aforefaid in form afortfaid given, was given for the laid G. S. againd the faid T. P. when by the law of England that judgment ought to have been given for the faid "Jofin again him the faid Georgf ; Eillofcx cpti- iherefore in that it is maniteltly erroneous: And the faid J. P. pns. '^'^ ' farther fays, that at the affixes held at Churd in the county of So- Parl. Rep, 231. mcrfet, to wit, thefecond day of in the fccond year of the reign of the faid lord the now Icing abovefaid, in the record aiorefaid above-mentioned, belore the laid John Fra/t,kx. and yumes Mon~ tague, kt, then juftices of the faid lord the king afligned to take ailizes in the county oi Sometfet aforefaid, ^f. on the trial of the ifiue aforefaid, in the record aforefaid nbove joined, certain excep- tions on the behalf of the laid J. P. by the counfcl learned in the law of the faid John were taken and made to the opinion of the i'Ah\Jtimes Montt.pue, kt. then one of the juflices, ^c. by hini then and there declared ; by which the fame J. Montague, kt. then one of the jufliccs, IS'c. declared, that a certain matter on the behalf of the faid J. P. in the plea aforefaid, by the faid counfel learned in the law of the faid John, to the jurors afore- faid then and there offered to be given in evidence (m oppofition and contradi(5tion of certain other matter then and there on the behalf of the faid G. S. in the fame plea given in evidence) then and thereon the trial of theifTue aforefaid ought rot to be given or admitted : And the fame J. Moritfgue, kt, then one of the jufliccs, iSfc. the matter offered then and there to thofe jurors in evidence to be given altogether refufed to admit or permit ; vdiich faid exceptions in a certain bill then and there were wrote; and the faid J. Mor.togue, kt. then one of the jufliccs, l^c. then and there fet his feal to ihebill of exceptions aforefaid, accord- 13. E I. c 31. ing to the form of the ftatute in fuch cafe thereof made and pro- vided : And the fame J. P. products in the court of the loid the king before the lord the king in his parliament here the bill ofexceptions aforefaid, with the feal of the faid J. Montague^ kt. then one of ihe juftices, l^c- put to the fame bid : .And the fame J P. prays the writ of the lord the king to be dirnfled to the fame J. Moniague, kt. to command the fame J. Montnguey fet. to be before the lord the king in the court of his parliament £t Weftihivjier to confefs or deny his feal, lie. and to him it is granted, lie. Recital of the Somerfct, to wit. T> E it remembered that otherwife, to wit, record and jT/ 20th day of A'avcmber in the firfl year of judgmtnt. (Pjg reign of the lord George, now king of Gtcut I'riiain, Ifc. before the faid lord the king at U^ejimivjier the fame lord the king fcnt to J. P. bailiff of his borough of Ujelchejler in his county of iow/fr/f/, his writ dole in thelc words, to wit, George by the srace of God of Great Bfilain, France and Ireland king, " defender Error. 256 defender of the faith, ^f. To J. P. bailiff of our borough of I^jelcliefter in our county of Somerfet, greeting ; Whereas G. S, into the place anJ office of one of the capital burgcffes of the borough alorefaid was duly elected and appointed, is'c. (reciting the nxrit and returh of the ijjiie an.l aivard of the venire, and conlinue nxsord for iiotd over a^nin to) On which faid Fri.iay next after the morrow of the Holy Trinity before the faid loril the king at Weflmir.fler come-; as well the faid G. 5. by his attorney afore- faid, as the faid f. P. by his attorney aforefaid ; and the llierifF of the county of Somerfet aforefaid rtairn'd the names of 12 jurors whereof none, ^c. Therefore the fheriff of the county o\ Somerfet wzs commanded, that he fliould not omit, i^c. but diftrain them by all their lands, y^. and that of the ifllies, ^c. fo that he might have their bodies before the faid lord tlie king at IVefi mir. J} er on day next after three weeks of St. M/r^/jf/, or before the juftices of the faid lord the king affigned to take affifes in the county of Somerfet aforefaid, if they fliould firll come on day the fecond day of at Chard in the county aforefaid, by the form of the ftatute, i^c. for want of jurors, cff. Therefore let the fheriff have the bodies, Cifr. to recognize, l^c. in iorm aforefaid. Iffc. 1 he fame day was given as well to the faid G. S. l^c. as to the faid J. P. &'c. which faid iifue in form aforefaid joined between the parties aiorefaid after- wards, to wit, at the aflifes held here at this day, to wit, at Chard in the county aforefaid, on Mo«(/«y, to wit, the 2d day of [ jr-i 1 in the fecond year of the reign of the faid lord the now king, before John Pratt, knt. one of the juftices of the faid lord the king afligned to hold picas before the king himfelf, and James Mountague, knt. one of the barons of the exchequer of the faid lord the king at IVeJlminfler, juftices of the faid lord the king affigned to take affifes aforefaid in and for the faid county of So- merfet by the form of the ftatute, i!^c. came to trial. On which day here came as Vv-ell the faid George Strode as the faid John Pal- mer by their attornies aforefaid : And the jurors of the jury afore- faid impanelled to try the iifue aforefaid being called likewife came : And on the trial of the ilfue aforefaid fo as aforefaid joined, the fa.\d George Strode by his counfel learned in the law to maintain and prove the iffue aforelaiu on his behalf then and there gave in evidence and proved, that the right of elcfting capital burgt ffes The exceptions, of the borough aiorefaid is in the major part of the capital bur- ge(T;sof that borough then living, before the bailiff of the fame borough for the time being, and that he the fame C-V^r^rinto the fame place andcfhce of one of the capital burgefFes of the borough aforefaid was elefted by //. /.. T. L. J. L G. R. T. B. and M^.C. then being the major part of the capital burgefll-s of that borough duly afiemblcl ; whereupon the counft-l learned in tl)e law on, the behalf of the f^id John Palmtr, for and on this behrdf of the hmz John, in oppofition and contradiction of that evi- dence fo as afortfaid given to the fame jury, then and there offer- ed 10 give and prove in evidence, that the liuie when the election E e 4 of 45 T Error. of the faid George h fiippolcv.! lo be maHr, the fai.-i //. t.. wt$ not a capiial burj^els of the borough aforcfaid, and theretore had no right, auilionty or power, of elefting a capiial burgefs «t the borough alorefaiil, and by reafoti thereof the vore of the faid I-lutupnrey Lochy^r ought not to be reckoned in tliat elciflion to caute the fui i George ^.fj '.e to be elt(!!^cd one of the capital burgelles of the boiough aforefaid, and infifted, that the voie of thelviid H. LocLyer in that elcClion ought not to Iiave been given or adu.iitcd; and the fame counfcl on that behalf of the fajd J^hn Palmer the-n forther alic.'ged anil infifled, that they ought to be admittcii to give that matter in eviilence, becaufe the faid John Palmer had long before the faid ajTifes, to wit, on the 24th day oi March \n the year of the Lord 1715, given notice in writing to the faid George S:)OiJe, that he the fame Jo/in Palmer on the trial of that ilfue would infill on the faid myttcr fo as aforefaij oiftred to be given in evi(!cnce on this behalf in thefe words fol- The aotice lowing. S'.rode againft P.iUrfrr. Take notice, that at the trial what [ilainiifF oj this caufi at thz next ajfifis for the county of ^oincr^tt the ^e- would infill ou. fenJar.t ilUl ir.fiji, //?«/ \A/"illiam CLve'.- •vote and G^org^ Hil- borne'i- 'uo'.e /fldl nut be aU'jiie.l as good Totes oh the plai'ti^^s f/^rf;or, William Cleve hating httn neier ivtll eleifed a capital iiirgefs, and Mr. Hil borne not being capable to be eleded, and be- ing an inhabitant "juhen eleded. And haxirg fince been both turned out, ha've brought their Mandamus's to be rejiore,/, tx-hich are yet depending; and that Humphrey Lockyer's 'volc fh-dlnot be alloiu- ed, he not having been eleSed capital burgefjts by a majo'ity of the burgeffes ; and a rule for an informaticn nili being rovj adualty againjl mm in the king's bench; and that the originij corporation book miv in the hands of Mr. John Lockycr, the pretended bailiff'^ ijuhirein the eleSlion 0/^ Wiiham Cleve is entere t, and by the faid Mr. John Loc\iy<:r produced i4 the federal trials of the faid Wil- liam Qltst and Mr. Hilbome, may be produced at the trial of this caufe at ihe next njffes, but thefe notwithllanding, the counfel learned in the law on the behalf of the faid Gcorge Strode thereto objcflcci ami infilled on this, that the right, authority or power, of the faid Humphrey Loclyer, to give his vote as a capital bur?efs of the b' rough aforcfaid in the faid election, at the time cf that eleflion was not excepted againfl in the fiid cleflion by anv per- fon then prcf.nt, bur the vote of the faid HuMphrry was accepted as a good vote by T^honuis Smith the then bailiff of the borough atoreliid in the laid election, ihe faivl matter, on tfie behalf of (he faid Jjhn Palmer fo as afjrelaijJ offered to be given in evidence at the trinl of that ifPae, ought not to be given or adniitted : Nsvcrthelefs the counfJ on the behalf of the ftid John Palmer dii then at the trial of that ijTue infifl before the faii jurtice, that they ought to be admitted to give in evi'lence the faid matter on the behalf of the faid John lb as aforefaid offered, in oppofirion and contradiilion of the faid evidence for and on the behalf of the fdivl George S'rode in form aforeiaid given, and prayed the faid juliice that ihey m'^ht be admitsd t^. ^ive ihc faid matte? in Error; t^i in evidence for and on the bebalf of the faid fohn Palmer ; which cKe laid juftice then abfolutely refufed to penirt or admit, and declared his opinion, that the faid matter, on the behaltofthe laid JiJiri Palmer fo as aforefaia offered to be given in evidence then at the trial of the ilTue aforefaid, ought not to be given or admitted ; and thereupon the jurois f-f )iefai>'. gave their verd;^ for the faid George S'.rode againtl the faid John Palmer ; where- upon the faid counfel for ano on the behalf of the faid John Pil- trier, becaufe the matter aforefdid in the exception offered doth iiot appear by the record ot the v rcifl alorefai.', did alledge their exception aforefaid to the opinion of the faid juftice, and require, [ 253 J that the faid juftice would pur his fea! to the bill of exception, containing in itfelf the matter atorefaid on the behalf of the faid "jolm Piili.'ter fo as aforefaid offered, accorcing to the term of the flatute in fuch cafe made and provided : and thereupon the fame juftice at the requeft of the counfel of the faid John Pulmer d'u\ put his feal th^retoaccording to the form of that ftatute, at Chard fitting the court, the f^id 2d day of jn the a J year of the reign cfths lord the now king. Hawky and Alonger. ffisae^ AFterwards, to wir, ox\7uefdoy next after the oftave of the Infancy il purification of the blelTeJ Mary then next following, before *'"' «"'o'"» the lady the queen at IVeJImitiJier came the faid John Haiuley be- ing yet under the age o. 21 yea.'S, to wit, of the age of 20 years, and no more, by 5. P. his guardian duly admitted, and produced here in the court ot the faid lady the queen then there a certain writ of the faid lady the queen to corredt error profecuted of and upon the premiffes ; ami prayed, that the writ of error aforefaid by the court of the faid lady the queen before the queen hctf^^lf nowhere might be allowed ; which faid writ follows in thefe words to wit, Anne by the grace of God of Great Bniain, France * ^'' ** k'^. ... , 1 r 1,1 <- • I f-5 rr^ . T - loi coram 'sii.i. and ij f/^/«j queen, deiender or the lauh, CTc. i o our juuices sf- figned to hold pleas in cur court before us, greeting s f'c-caufc in the record and proceedings, and alio in the rendition of the judg'iient ot a plea which was in our court betore us by bill, between John Mof?fier and Jj^'in Hwuiey, of a certain trefpafson the cafe to the faid Jo'in Monger by the faid John Hazilt'y done, as it is faid, a manlfcft error hath happened, to the great damage of the faid John Hmjuhy, as by his comp'aint v.e have undcrftood : We willing the error, if any hath been, fliouKl be duly corrtifced, and full and fpecdy juftice done to the parties in this behalf, comm-ind you, that the retord and proceedings alorelaid being infpcQcd. you farihc) caufc to be done therein to corri il:^ that error v.hatof right and according to the law and cuftom ot Erglund {\va\\ be to be done. VVitnefs out(c\{ 3.1 lye^min/ler jlh day ot feint ^ry in the nth year of our reign, Ft/Zi. Jll'tived ioth.Fchr\xs.iy in the \\th year of queen Anne by iht court. Aftcrvi'ard£| 0.<,2, Error. The err»r. Silre facias avbaidt.d. [ 2^3 ] F.rrror afligneel attsr a v«irii6t. No o-^icinaljind a ceitiirari prayed, and m «jiigin*l certifi- ed. iR F,I. c. 14. VViiu of orip-i- wal or warrant •f attorney af- ter non ajfurr.pfit tot eiror. AFterwards, to wlr, on Wednefday next after fifteen days of Lujltr then next f )llowing, before the faid laiiy the queen 2t ii'cjliir.nlhi' comes the faid John Huivley by the faiu 6'. P his guaroian, and fays, (hat in the record and proceedings aforefaid, and alio in the rendition of the judgment atorefaid, there is ma- rjifuR error, in this, to wit, that he the faid 'John Ilaivley-M the liiiii; of his appearance, and of the rendition ot the judgiiu^nt afore- faid, was under the age of 21 years, to wit, ot the age of 20 years, four months and five days, and no more, to wit, at hVeji^ wjw//f/ aforefaid in the county aforefaid, in which cafe the fame John iJuicley ought to be adntitttd 10 appear in the court atore- faid to (iefend the fiiit afort-faid by his guardian, and not by attor- ney, nor in his proper perfon ; therefore becaufe he the faid John Hazcley did not appear in the fuit aforefaid by his guardian, in that there is nianifcft error : And this he is reany to verify : Whirefore the faid John IJaivley prays.ihat the judgment aforefaid for the error aforefaid may be reverfed, annulled and held as en- tirely void ; and that he to all things, which he by reafon of the judgment aforefaid hath loft, may be reitored : And he prays a writ of the lady the queen, to warn the faid John Monger to be be- fore the faid lady the queen to hear the record and proceedings aforefaid ; and to him it is gran'ed, iSjc. whereby the flicriff of the county d Middle fex aforefaid is cominanded, thrtt by good and lawful men of his bailiwick he notify to the faid John Monger that he be before the faid lady the queen on wherefoever, l^c. to hear the record and proceedings aforefaid, if, lie. and farther 10 do, lie. The fame day is given to the faid John Hanuleyy Hc% Moore and Johnjon, AND therefore in that there is manifeft error: And the j_\ fame Edivord John Jon prays feveral writs of the faid lord the kin J, one of them to be direfted to Peter King, kt. chief juftice of the lord the king of the bench aforefaid, and the other of them to be directed to Geo'ge Henry Earl of Life/ificld, keeper of the writs and rolls of the court of the faid lord the king of the fame bench, to certify the faid lord the king more fully the truth thereof; and they are granted him, l5c. Whereupon George Her.ry Earl of Litchfield, the keeper of the writs and rolls of the court of the faid lord the king of the bench aforefaid is command- ed, that fearchinp- the original writs of London alorefiiid ot Trini- ty lerir. o( the fifth year of the reign of the faid lord the_ king, being in his cullody of record, and what of the writ aforefaid be- fween the parties afcreiaid he ihal! find, to the faid lord the now kin^ without delay, wherefoever, £?" 6. he certify, together with the°writ of the faid lord the king to him therefore direded ; which faid keeper of the writs hath tirercon returned and certified to the faid lord the king, that by virtue of the writ to him direfled ha- ving fearched the original writs of the faid lord the king of the ci- Error. 233 ty of LotiJen of Trinity term in the fifth year of his reign above" fa'.d in his cuflody filed of record, there is no original wrir be- tween the parties aforefaid in the plea aforelaid in his cuftoJy filed of the faid term, which he can certify to the faid lord (lie king ; which faid writ oi certiorari, together v.ith the return of the fame is filed among the records without day of that term ; and as to the return of the fdid writ oi^ certiorari above prayed to the faid Peter Kirg, knt. chief jufcice of the faid lora the king of the bench aforef;4id, to certify v/hether any warrant of attorney be- tween the parties aforefaid in the plea aforefaid be filed of record or not, the fame chief jultice of the faid K.rd the king ha:h not returned thereof the writ, nor done any thing therein ; and there- upon the faid Samuel freely here in court comes and immediately fays, there is no error either in the record and proceedings afore- faid, or in the rendition of the judgment aforefaid, and prays that the couit of the faid lord the king now here may proceed to the examination as well of the record and proceedings, aiorefsid, as of the matters aforefaid above for error riffigned, and that the judgment aforefaid may be in all th'ngs affirmed : But becaufe the -^(,55 nij'» court Error.' Iiands ofih^? faid IV. Fowler to be ac^niiniflered ; nnd if he had rot, then ihol.; colts anii charges to be levied of ilie proper goods and chattels ot the laid IV. fozu/er ; therefore in that there is inanilclt error : And the fame //''. lVilii,ims pr.iys that for thofe trrors and other errors in the record and proceedings aforcfaid appearing, the judgment aforolaid may be rcverfed, annulled and held as void ; ano that he the faid IV. IVilU.ims to all things which by reafon of that judgment he hath loft may be refloreJ ; and that fiich judgment may be -dven in this court for the faid ly. Williams as by the lawot the land of this kingdoui ought to have been given tor thi fame IV. IVitlitmis againfl the faid /-/''. Fotuler in the faid court of the faid lord the king of the bench j and that the faid IV. I'WJer to thofe errors may rejoin, ^c. J^i/w. WhilakeK G ration and another 1 and > Error in cj eminent » Leeds. 3 AFtervvards, to wit, Mond.iy next after three weeks of St, Michael in that fame term, before the lord the king at IVe/l^ mir.jhr in the county of Middlefex the faid Richard P^ixer antl Richard Gratton by John Allen iheir attorney come and fuy, that in the record and proceedings aforelaid, as alio in the rendition of the judgment aforclaid in the recorj aforefaid mentioned, there is manifcft error, in this, to wit, that the declaration aforefaid, and the matter in the fame contained, are not fufacient in law for him the faid Theodore Leeds to maintnin his action aforefaid thereof againit them the fai 1 R. Povuer and R. Gr/dton had ; and there- fore in that there is manifeil error : There is error alfo in this, that by the record aforefaid it appears, that the judgment aforefaid by the faid court of the faid lord the king of the common bench in the kingdom o( Ireland \n form aforefaid given, was given for the faid Theod.re againfl them the faid R. Fouer and A'. Gmtlon, when by the law of the land of the kingdom of Ireland that jiidgment ought to have been given for the laid R. Po~ver and R. 'Gratton againll the faid Theodore ; therefore in that there is ma- nit'efl; error : There is error alfo in this, that by the record and proceedinps aforefaid in the rendition of the faid judgment of nffir- Hiarce of the faid judgment a-bove firfl by the faid court of com- «)on bench in Cas kingdom of f^zLmd given, it appears that the judgment by the faid court of the faid lord the king before the king himft If in I) eland was aflirnied, when that judgment by the fame court ought to have been reverfed, and fo there ismanifeft «rrcr in the rendition of the faid judgnrjent of affirmance of the faid judgment in the faid court of cr.i-nmon bench fo as aforefaid Srfl: given; therefore in that there is manit'cft error; And they pray shat «3 well the fit J judgment of sflinnance aforefaid, as the faid J^ dement Error. ^5^ juilgmentby the fai^ court of common bench as afortfaid given, for the erroV aforefaid and others being in the record and proceed- intrs aforcfaid, maybe reverfed, annulled and held as intirelr votd ; and that they may be rellored to all things which thej bave loft by reafon of the laid feveral judgmenis. C. If'earg. Phelipps and Smith. GEorrf by the grace of God of Great Britain, France, and Writ of frrw Ireland kin?, defender of the faith, ^c. To our truftv and returnable i. well beloved John Pratt, knt. our chief juftice afligned to hold reverfe the af- pleas in our court before us, greeting: Whereas m the record firmancc of a and proceedings, as alfo in the rendition of the judgment of a judgment in plea which wasin our court before us by bill between EJ^x-nrd the excHeqatr Phelipps, efq; and Thomas Smith, genr, for a certain debt which «"*f^i''"' the laid E/^/ivar// demanded of the faid Thomas, M'hich faid re- cord and proceedings, by reafon of error happening, we cauied to be brought before the juflices of the common bench and ihe barons of our exchequer into our exchequer chamber aforefaid, and thejudgment thereof is affirmed, as it is faid, manifeft error hath happened, to the great damage of the faid 1 homasy as by his complaint we have underrtood : We willing the error, if any hath been, fhould be duly correfled, and full and fpeedy juf- tice done to the parties aforefaid in this behalf, command you, that if judgment thereof be given and affirmed, then the record, and proceedings, with all things touching them, to us in our prefent Parliament under your feal you didinftly .and openly without delay fend, and this writ, that the record and proceed- ings aforefaid being infpe£>?d, we may farther caufe to be done therein, with the affent of the Lords Spiritual and Tempera' be- ing in the fame Parliamenc, to corre6l that error, what of right and according to the law and cuftom of England fhal! be to be done. Witnefs ourfelf zt Ife/imin/ler izth day o'i December \*. the fifth year of our reign. By the lord the king. ParneL The anfvjer 0/ John Pratt, knt. the chief jujlicc njclthin named : The record and proceedings of the plea whereof mention is Tke retort, within made, with all things touching them, to the lord the king in the prefent Parliament with my proper hands I have proiJuced in a certain record to this writ annexed, as 1 am within commanded. John Pi-atU Pleat 2^? Error. Plens hefcre the lard the kir.g at Wcftniinfler o/Trinlf/ term in the Jecond yenr of the reign of the lord George now king o/" Great Britain, fiff. Roll 460. tTrn'r hr^tlie'" '^''"'^''/^^ ^° wit.^ Divard PheVpps, efq ; put^ in liis place h'ev.- plj-jntilf^ ry Gan.ly his attorney againll Thomas Smith bailiff of the borough of Ivelchejier, in a plea of debt. The like for Somerfety to wit. ^ Homas Smith puts in his place James Long **^^"-'^"'' his attorney at the fuit oi Ediuard Phelipps, efq; in a plea of debt. Phelipps, efq-^ and Smilh. Error in the Somerfet, to wit. TJ E it remembered, othervvife, to wit, in Kajltr" execution on a Jq ^^^^ \^ thg , <^ year of the reign of the lord ^^M f "In"! '?rf R t'ie now king, before the lord the king at IFefiminfler cams debt on 7 Ur j -a- 1 r l rr /■ / '^i • -^ 1 W. 3. f. 2;. § i''d^vard rnelipps, eiqj by tlenr y (j andy his attorney, and pro- 6. ai;.iinft the duced here in the court of the faid lord the king then there his retaining offi- certain bill againft Thomas Smith, bailiff of the borough o\ hjelchcf- cer for lefufing fer in the county aforefaid, in the cuftody of the marH-ial, l^c. a cony of the • 1 tjiaii ii ^ r • p(iH' 11 a plea or debt : And there are pledges to profecute, to wit, John Doe and Richard Roe .- Which faid bill follows in thefe words, to wit, Somerfet, to wit, E,hvard Phelipps, efq; complains of Thjmas Smithy bailiff of the borough of Ivelchefter in the coun- ty aforefaid, being in the cuftody of the marfhal of the Mar/hal~ fea of the lord the king before the king himfelf, in a plea that he render to hun 500/. which he owes him and unjufily detains^ for this, to wit, that whereas the town 0^ Ivelchefler aforefaid in the county aforefaid is an antient borough, and that two bur- gefT-s of the fame borough to come to every parliament of the iord the king and his predeccflbrs kings and queens of England from time immemorial have been elefted, and have been ac- curtomed to be ekdted by the burgefles and inhabitants of the Time borough in that behalf having votes : And whereas a cer- tain writ of the lord the now king out of his chancery at IVefl- minfter in the county of Middlefex 17th day of January in the iff year of his reign, bearing date the fame day and year, did iffue, directed to the ilierift'of Somrrfct aforefaid ; by which fnid writ, reciting, becaufe the fame lord the king with the advice and affent of his council for certain great and urgent affairs con- cerning the king himfelf, the eftate and defence of his kingdom of Great Britain and of the church, had ordained his certain par- li.inient to be held at his city of We/lmin/ler on the lylh day of March then next following, and there to confult and treat witli the prelates, nobles and peers of his faid kingdom, the fame lord the king commanded and firmly injoined the then flic-riff of Somerfety that proclamation being made in his next couniy- court to be held alter the receipt of that writ of the day and place aforefaid. Error. J 255 aforefaid, twotntght? girded with fwords the more fit and difcreet of the count)- aforefaid, and of every ci'y of that county two citizens, and of every borough tv;o burgclTes of the more dif- . creet and fufHcient, by thofe who fiiould be at fuch proclamation, according to the form of the flatute thereof niade and provided, to be elected, and the names of the fame knights, citizens antl burgefTcs fo to be eiefted, in certain indentures between the faid flierifF and thofe who fliould be at fuch elc(^lion thereof to be. made, ahho' fuch elefted fliould be prefent or abfent, to be in- f.rted, and them at the day and place aforefaid to come fliould caule, fo [hat the fame knights full and fufHcient power for them- felvcs and the commonalty of that county, and the faid citizens and burgeffjs for themfelves and the commonalty of the cities and boroughs aforefaid, fcverally from them might have to do and confent to thofe things which then and there by the commoa council of his faid kingdom with the favour of God fliould hap- pen to be Ordained on the affairs aforefaid, left bv reafon of a haf- ty eh-iftion of the knights, citizens or burgeffes aforefaid, the faid fiffairs fliould in any wife remain undone ; but the faid lord the king commanded, that he the faid flurifFor any other flierifF of his faid kingdom fliould not in any wife be elefted ,• and that the faid election made in his full county he fliould dillindly and openly, under his feal and the feal of thofe who fliould be at that eledion. without delay certify to the faid lord the king in his chancery at the faid day and place, fending to the fame lord the king the other part of the indenture aforefaid fewed to that writ, as by the fame writ now remaining in the court of chan- cery of the faid lord the king at Weflminlier aforefaid more fully appears: Which faid writ affcrv/ards, to wit, the 26th day of 'January in the ift year of the reign of the faid lord the now king abovefaid, at J-jelcheJier aforefaid in the faid county of Somerfet, was delivered to one Jo/i« 7V£i^////rt;7, efq; being then flierifF of [ 256 ] the fame county of Somer/et, to be executed in form of law ; by Ddiverefl to virtue of which faid writ the fame flierifF afterwards, to wit, the theflienff, faid 26th day of "Yanuary in the ift year abovefaid, there made '^''"'^* 1- - -' . -^ . . r 1 1 • 1 1 /• 1 r 1 • rr- prccrpt to the h:s certain precept in writing, fealed with the feal of his cfhce baillfl'for the of flierifF, directed to the baililF of the faid borough of I've/- tl'^ttius bur- chejler\n the county aforefaid, of and for the election within that ge'fca. borough of two burgefFes of the fame borough according to the form and efFcft of the writ aforefaid ; which faid precept after- wards, to wit, on the faid 26ih day of January in the ift vear abovefaid at /^uf/c^f/^^r aforefaid, was delivered to the faid Tho- mas Smith, being then bailiff of the borough of hjelchejltr aforefaid, (to which faid bailiff the execution of the faid pre- cept belonged) in form of law to be executed j by virtue of which faid precept afterwards, to wit, the 2d day of February in the ift year of the reign of the lord the now king, they pro- ceeded to the eleflion of two burgefFes for the fame borough of Ivelchi'Jler to come to the finic parliament, according to the torin and gficct of the writ aforefaid; And thereupon the fame Edvjard £5 6 Etrof. Tljeesndidales. ^''toiirJ Pheilppt and James Bateman. knf. TVUltfltn Seiijfiy, efq ; and J'j/in Hopkins, t{q-, were and ftool candidates at that *lt^ion, that out ofihciu two niiglit be i hofen to the burgelTes cf parliament for the laid boroUjjh. and very m;inv burgeiT^s of that borOugh were prefent at that election, anA haviniT vores in that be halt, their votes for the fime L'.Jivar^ Phelifps to be one of the laid two burgeflcs for the fiid borough, and divers bur- gefTes of the faid borough at th^t elcfliori bein^ likcwife pvefcnr, their votes for the faij Jumes Bateman xo be another of the faid two biirgefTes of parliament tor that borough, and divers other burgcfl'.s of that borough beinv likewife prefent, their votes for the laid IVillitim BelL/my an.. Jo'ni Hopkins to be two of the burgefTsof parliament tor that borough, then and there gave and voted j fo ihit for tiie manif (tation of that election a poll of thole votes of fuch eleftion being by foine of ;hem required and demanded, was then ind there in writin-j had and taken be- fore the faid Thomas Smiih, then being as aforefaid bailiff of that borough ; and he the faid '1 homus Smith the fattie poll then and there received and had ; and after the poll of the votes of, in and for that eKftion taken, had and ended, to wit, on the lorh of February, in the ift year abovefaid, at Ivelchefier afore- faid, the fame EJtva'd Phel pt>s >Vfired the fame Th/mas Smithy then as aforefaid b-^ng baiiifi of the borough aforefaitl, to delivei* to the lame EHivard Phelipps a copy of the poll of the votes at the fame eleflion takrn ; and then and there was ready and of- fered to pay to the faia Thoma> Smith any reafonable fum of mo- ney for the writing thereof that he therefore (liould require : Neverthelefs the faid Th'jmas, being as aforefaid bailiff of the borough aforefaid, ('o which faid bailiff the execution of the precept aforelaid for the eleflion of the burgeffrs aforefaid did then belong) the duty of his office of bailiff of the fame borough in this behalf, and the ftatutein fuch cafe made and provided, not confiderii'g, nor the penalty in that llatutc contained in any wife fearing, did not then or afterwards delivtr to the fame EJivard PhelipfS a copy of the poll of the voters of the eletftion afore- faid for the borough aforefaid, but to deliver him the lame then and afterwards voluntarily abfolutely refufed, againil the form of the flatute in fucii cafe made and provided; whereby an aftion accrued to the fame Ed'ward Phelipps fo demand and have of the faid Thomas Smith the laid 500 /. Neverthelefs the faid Tho- mas Smith, ■Axho' often required, the faid 500/. to the lame EJivarJ Phehtps hath not yet paid, but hath hitherto denied, and yet doth deny to pav him the fame ; whereby he favs that he is prejudiced, and hath damage to the value of 40 /. And therefore he produces the fuir, l^c. iHiparlance. And now on this day, to wit, Friday next after the morrow of the Holy Trinity, until which day thefiiid ^ homns had leave to imparl to the bill aforefaid and then to anfwer, Ifc- before the lord the king at JVeJlmivJlet comes as well th» faid Et/ivarJhy his attorney aforefaid, as the faid Thomrts by Jum:s Long h:s atioiney : A poll demanc!. ctl and taken by the bailiff* A cpy of the poll demanded, ini refufed* Error. 1 256 attorney : And the fame T.Lowas tlefends the force and injury when, Cff. and fays that he doth not owe to the faid EdivarJ l^U dcht. the faid 500/. or any penny thereof, in manner and term as the faid C^/i^'rtr./ hath above air^iinft him declared : And of this he pms himkifon the country: And the faid E^wflr,? fikewife, iS'c. Thersfore let a jury thereon come before the lord the kin^ at /Wrfawafdcd^ I'/eflimnJhr on IVeanefdoy next after three weeks of the Holy 'Iriniiy i and who neither, &ff. to reco^nife, tfff. becuufe as \kg\\,^^c. The fame day is given to the panics aforefaid there, b>. On which dny before the lorvl the king at IVeHrn'mfter come^ the p.irties uforifjid by their attornies aforcfaid ; and the ilierift liatli not returned thereof the writ; Therefore as before let a Not refuned. jury thcrton ccme belore the lord the king at IVefiviitifier on V/VJ/?f/'>.-r/v next aOer 15 days of St. Martin: and who neither, Anotheraward* l^c. to recognifc, i^c. cecaufe as well, IS'C The fame day is e^. given to the parties aforefaid there, fc'f. On which day beicre the lord the \i\r.gz\. iVeJiminJIer con\mitlt, by their attornies wiihin conuincd; And the jurors of the jury wher-of mention is wiihin made being called, fomeofihtm, to wit, Richard Choffey ix\(S. Richard C.li'nu \ the Vol.. 1. F f A.nutc 257 Error, 5' II 8 c ^, f^a'"tc in fuch cafe made and prov"uled ; and the jurors Co added a- new, to wit, James ps hath within againfc him declared ; and they ad'efs the damage of the faid Edivtird Phelipps by reafon of the detention of the debt within written, bciides his cofls and charges by him about his fuit in this behalf expendei!, to 2d. and for thofe Judgment. lolb and charges to 401. Therefore it is confidered, that the faid Ediveird Phelipps ri.cover againfl: the faid 7 h omen Smith his debt aforefaid, and the damages aforefaid by the jury aforefaid in form aiorefaid alfefied, asaifo 18/ for his colls ami charges afore- faid to the fame Ednvnrd PheUppshy the court of the faio lord the king now here with his alfenr of increafe adjudged, which faid damages in the whole amount to 20/. and 2d. And the faid 7'homas Smith in uicrcy, IS'c. Phelipps and Sfm'ih. Error aij. , .„ Xawg tor the detendaiu. (. ) Kichai u lloe. Hill. I'l of kinq Geo. /^ Eorge, ifc. To the flieriff cf S.omeifet, greeting : We com- /^nd the I'in'.n. iiiand you that jou caufc to come belore us at IVeJlminfter on Tiiefilay next after the oftnve of the purification of the bltiTed virgin HJtiry, twelve free and lawful riiL-n of the neijhbourhoo 1 of Ivelchejlery each ot ten pounds of land, (and fo or. to] becaufe betT.'cen whom the difpute is, have put themfelves on that jury, and have there the names of the jurors, and this writ Wit- iiefs Thomas lor.; P.irfcer, baron of Macdesjleld, at IFcJlminjhr 23d day Q^'junuary in the third year of our reign. Ilvlt. Ventris. The execution of this writ appears in a certain panel to this ^*''' writ annexed, Jofeph SroTuwf, efq; flierirT. Sijmsrfit, to v.it. '' |' '"^ H E names of the jurors between Edxvnrd J[ Phflipps, efqj plaintiff, and Thomas Smith defendant, in a plea of debt. Thomas Ode oi Kiri;rJ}'jnet IVillir.m Knight of the fame, Jajnes And pane!, Hine of Bi/hop/IiuU, (and jo on to the end of the panel to) of the jurors aforef^iid by himfelf fcvcrilly is attached by pledges, John Doc and Richard R^e, Jofcf'h Broivne, cix]; flierifF. Hill, 7d of liin^Gzo. ^ r.oije,lSc. Somerft, grteting : We command you that you hni dijiring^t, diltrain Thomas Cole of Kin^^ftone, IVilliam Knig/it of the fame, (andfo on to) come to make that jury between the par- ties alorefaid in the plea aforeCtid, and to hear thereof their jii It- nieni for the former default, and have there then this writ. Wit- riefs Thomas lord Piir/er, baron of Mirc/e.'fftlt, at JVefimi'flcr 1 zih day of Fel/ru(jry\n the third year cl our reign. lUt. rcnlris. V f X The 259 1 Error. j^gj. The execution of this writ appears in a certain panel to this writ annexe J, , "Joji'ph EioTune, efq; fli-'riff. [ 260 J Sjmerfet, to wit. ' fi "^ H F, names of the jumis between E.kvard A"*^ panel. J[ Phelpps, tlq; plaintiff, and 'Ihjmas Smithy defendant, in a plea of debt. T hornets Cole ol Ki> gfloiie. Willi, ,m Knight ot the fame, (.mdfoon to) each of th? jurors aforefaid by hiinfclf feverally is attached by pledges, "John Doe and Richard Rtje. Jofcph Broxvne, efq; flieriff". The names of the jurors added anew. ynmes SL^/>e, I aivrertce Dare, IViliuim Eyloti, Hugh Pi try, John Stone, NichJas hiartnell, James Cheijfey, Richard Locke, Iworn. Trin. zd cf king Geo. And warrant of '^<"«<''/^'> to wit. J^Diuard Phelipps, efq; puts in his placa attorney- Pley.7-y Candy his attiorncy againft Thomas Smith, bailiff of the borough o\ I-celcheJler, in a plea of debt. Phelipps and Smith. Rule granted by ]\/f Onday in the morrow of //// 5oi/A is farther given to aflign the K. B. to error to fliow caufe why the record and proceedings herein amend the re- f^Q^xrl betwt'en the parlies may not be amended, in this, to wit. CO : in what r n. \ ■ r • 11 / \ • i \ 1 / • . had bcfn af- "''"' "7 mi^rting the letter (r) m the word bunngh m tne warrant Cgncd for error, of attorney of the faid plaintiff, and the word huongh for hrough ; fecondly, by inferting the wor.. (fliLriff) before the word Somerfet inlret'e dijitingas ; thirdly, by changing the telle of the writ of njenire facias, lo that the tejle be made 28rh day of No'vetuher for 23d day ol January, or that a continuance ot the writ o^ 'venire facias maybe entered on the record from Wedncfday next after 15 days of St. Martin to IVednefday next after the odave of Sr. Hil- laiy • 'ourthly, bv entering feveral continuances on the bill of the laid i^\'\\ni'.'ii Phelipps in this caule from Kajler term in the firfl: year of the reign of the lord the now king, of which fiiid term that bill was filed, until Friday next after the morrow of the Holy Trinity in the fecond year of the r-ign of the lord the now king, and that the record of the judgnnnt aforefaid be amended by ihe entry on the bill- On the motion of Mr.ferjeant Corny ns. By the court. George^ Error. ^^o t^Eorge, Iffc. To our trnfty and weil beloved Jy/tn P.n'i, Afttr thefc knt. our chi.'f juftice aOlgned to hold pleas in our court be- amendments fore us, greeting : As in the record and proceedings," and alio in ^g'ftn^jlt i^n d- ihe rendition of the judgment of imparlance which was in cur ror lued out court before us by bill between Echvard Phelipps, efq; and iht csttiorari Thomas Umiih, baiiift'ofthe borough of I'vekhefier in the county '-^ ^^'''fy ''^«= of Somerfel, for a certain debt which the faid Edivard demanded {"J^^heT.co'.d" of the faid T/^(?OTc.'y, a nianifed error hath happened, to the great vvasnot errone- lofs of the faid Thmns.^ as by his complaint we have underftood ; ous. the record and proceedings of which laid judgment we have cauf- 17 i^'- c. 8. ed 10 be brought before our jufiices of the common bench and our barons of the exchequfr who are of the degree of the coif, 10 cojrefl the errors in the fame, according to the form of the ftatute of the z-j\\\ year of the reign of the lady Elizabeth, late queen of Cw^Avwi/, thereof made and provided, into the court of our fiid exchequer chamber ; and the faid Thomas in our fame court of exchequer chamber appearing hath alledged, that by the record ator-faid before the fame juftices and brirons fent it ap- pears, that the faid Edivard condituted one Henry Qar.dy his attor.ney agaiiiftthe faid Thomas in Eajler term in the firft year ofourreign ; yet the faid Henry Gr.nJy had no warrant of attor- ney filed of record to appear for the fame Edward in the plea aforefai i ; and where by the record aforefaid fo as aforcfaid feut it appears, that the faid Edzvard'in the fame Eajler term in the firft year of our reign abov.faid exhibited into our faid court his bill againft the faid ?7z3w/7y in the plea aforefaid, yet there is not any fuch bill filed of record with continuances thereon to war- rant the declaration and ju igmcnt aforefaid ; and the faid Tho- mas hath farther alledged, that no fuch writ o'i 'venire facias twelve, '^ c. between the parties aforefaid in the plea aforefaid in our faid court before us is filed of record, as by that record is fup- j- - pofed : and alfo that no fuch writ oi diftrivgas juratores between '• the pirtics aforefaid in the plea aforefaid in cur Inid court before us is filed of record, as by that record above is fuppofed : We vdliing to be certified of the premiflcs aforefaid command you, that the rolls ar.d other memorandums of the warrants of attorney of the county of Somerfel of the faid Eafler term in the firft year of our reign abovcfaid, and of Trinity term in the fccoml year of our reign, remairiing in your cuftody of record, being fearchcd, and alio the files of bills, of the fame Enji,r term in the firft year abovefaid, remaining likewife in your cullody of recorvi, bein^ fearched, and alfo our wrirs of venire facias 12, iffc. to the flicriff of the county of 'S'owifr/i'/ dircftc-r', in our fame court of Trinity term in the fecond year of our n ign, anil of Michaelnas term and Hid:i>y term in the third year of our reign, bcinjr in your cuftod.y of record, being Icarchci', and alio our writs o\ di/iringas fur' to the flieriffof the county of Corner fet, dircrted, in the fame court of /f/i/Z^r term ill the third ycarof our reign abovefaid, bring like- wife in your cuftody of record, being fearchcd, what cl the v;ar- Vf^ 'an ^^ i Error. rant of attorney afcrefaid, arcl of the bill and continuance* there- on inilorfed, am] alfo what of the T.iid feveral writs between the parties nforcfsid in the plea afcrefaid you ihnW tind, as tuiiy and iniirely as tiicy remain in yourcuftody, to cur faid juflices of- the connnon bench and the barons of our exchequer without delay inio oi!r court of exchequer ciiainber afortlaiJ you certify, t0"^c- thcr v.ich this writ. VViincfi, Ijl. Thi nrfivtr c/ John Pratt, //;/. the chief juf.ice ivilhin ivn'l/en. The return. The rolls and other ipemorandums of the warrants of attorney of the county of 6'owt'r/(7 of Enjier term in the firft year of the Tcign ot the lord the king wiihin written, and of Trinify term in the fccond year of the reign of the faid lord the king, iu my cuf- tody filed of record, being fearched, 1 fiiid no warrant of aitor- ney ot the fame term in the firft year abovefaid for the within written /^^Aiv/j/t/ in the plea within mentioned filed of record; but J find a certain warrant of attorney for the faine Eilnjoartl of Trinity term in the fecond year abovefaid in the pica within mcn- lioncd in my cuflody filed of record : the files alfo of the bills of the lame Eafter term in the firft year abovefaid in my cuftody fi- led of record being fearched, I there find a certain bill between the parties within mentioned in the plea aforefaid of the fame Eaf.cf term, with a continuance thereon from the faid Eafler term to the faid Trinity term in the fccond year of the reign of the faid lord the now king, the v;r\\.%z\(oo'i ^uenire fudas 12, fr. ofTrini/j term in the fecond year of the king abovefaid, and of MichiiLliuas term and Hillary term in the third year abovefaid, in my cuftody filed of record, being fearched, I find no writs of tiiriJter coiue the parties aforefaid by their attor- iiies within comained, and the faid dcfendarit prays a farther day ofimparlance tliertio ; anJ ir is granted h'i"> ^c. And hereupon a farther flay thereof is given to the parties aforefaid before the )ord the king at IVeftimnjier until ManJay next after three weeks of St. Michatl, to wit,- to the faid defendant to imparl to the bill aforefaid, and then to anfwer, i^c. Un which day before the lord the king at IFeJltnitijier come the parties aforefaid by the:r attornies within contained ; and ihefaid defendant prays a farther \ profecuting the laid writ cf error thereon in the faici court of exchequer chamber by the faid Thomas profecuted, when by the law of Efgland the judgment in the faid court of cxc'-equer chamber ought lo have been given for the fai»' Th-jmas, tor the revcrfal cf the faid jutlg- nient in the faiti court of the faid lorti the king belore the king hiiiif 1Mb as afcrefiiid given i therefore in that it is nianifelUy erroneous. Phi. Tork. And the (au\ Ediuard Plitlipf)!, c(a^; in his proprr perfon be- r ii n fore the faid lor ! the king and the peers in the preKnt parliament ;.!,"1 ' '*' 9i Great Britain at iVefiminJUr in the county of MidMefcx aflein- blcd 26:>+ Error. bled i'lcewifc comes «nJ fays, tliat there is no error cither in the rccorii and procceiiings atorciaui or in the renuiiion of the judg- ment aiortlji.!, and pr.ivs, that toe faid lord the king ami the peers in the prelent p^,rliaiiient of Great Britain at U'eftminjler in the county o'i MiAdltfex aloreriid aff;nibled novv here may pioceeii ro the examinai;on as well of the record and praceeoings aforcfaid, as of the matters aforefaid above for error ailigned.and that the judgment aforefaid ni;iy be in all things affirmed : And bccaufe the court of the faid lord the king here before the king hinifclf \\\ his parliament are not yet a.ivijcd to give their judg- ijientof and upon the premiifes, day therefore is given ro the parties aforelaid before the faid lord the king in his parliament until Fridoy\ to v.".t, the 2 ?,d day o Jntiutfry next enfuing, at U'tfl-nirifler in the county of MiJtilefex aforefaid, to hear their judiiiiient of and upon iht- premifTiS, becaufe the court of the faid JoriTlhe king here in his parliament thereof not yet, i^c. y. Comytis. 7/10. Per.geUy. Note ; III this cafe the ntrit of error ivas in the rendition of the iuJgvient of a plea^hc. /•f/'iufew Edward Hhelipps, efq; and Thomas Smith, ^en/, of a certain .ihl^ &c. And 'he record cirttfid luas betivten Edward PhLdipps, efq; /? '^Thomas Smith, bailiff of the borough c/^Ivelcheftcr in the coumy of bomerfet. Jl'hich ;mbled, that the pUiniiiT in error [ 265 ] be a€^ Errof. be fcrved with a copy of the faid petition and this order ; 2nd that this houle will hear counfel thereupon on Thuifday ihe fittU day of February next at eleven o'clock. The cafe of the defendant in error. Cireofdffen- "nTinxard Fhelipps, the now defendant in the writ of error, Jant in error. brought an aftion ot debt in the court of king's bench againfl the now plaintiff 7/^o^»;^j Smith, bailiff of the borovigh of hvelchef tery for refufing to deliver to the fa'.d Ed'VJnrd P/ielip{>s a copy ot the poll taken at an ekdion tor members of parliament for the faid borough, at which election the faid Edixurd Pheliips was a candidate j and the faid adlion was founded on tlic R 'tiite of the 7th and 8th of king William III. cap. 25. fee. 6. by which ftatuic it is enaft.d, that every bailiff and other officer, to whom the execution of any writ or precept fliall belong tor electing of mem- bers to ferve in parliament, fliall forthwith celiver to fuch perfon or peilons, as ihall defire the fame, a copy of the poll taken at fuch eleftion, paying only a reafonable charge for writing the fame ; And that every bailiff and other officer, to whom the execution of any writ or precept for elefling of members to ferve in parliament doth belong, for every wilful offence contrary to the f.-.id aft Hiall forfeit to every party fo aggrieved the fum of 500/- to be recovered by him or them, his or their executors or adminiffrators, together with full cofts of fuit. The declaration fets forth, that th; town of I'velcfiefterh^n antient borough ; and that the burgeffes and inhabitants of the faid borough, time out of mind, have chofcn two burgeffes to ferve in parliament for the faid borough : That the 17th of Ja- nuary I ofkingGfo. a v/rit iffed out of chancery, directed to the flieriff of Somerfet, commanding him to caufe to be chofen t\ knights for the faid county, and two burgeffes for QMcry borough within the fame county, to ferve in the parliament to be holden a^ JVejlmtifter on the 17th day of March then next fol- lowing ; which writ 26th of January following was delivered to John I're^jillian, eft,} ; then fheriif "for the fame county, who the fame day made his precept to the faid Thomas Smith, then bailiff of the faid borough of I'velchefler (to whnm the execu- tion of the faid precept of right did belong) for the election of two burgtiK-s to ferve in parliament for the faid borough accord- ing to the laid writ : That byvirtue thereof on the fecond day of February following it was proceeded to election for the faid borough, when fir James Bateman, iVilliam Bellamy, John Hop- kins, and the faid Edivard Phelipps, elquires, ftood candidates, and feveral elcftors voted for fir James Bale?nan and the (aid Edivard Phelipps, efq; and feveral others for the other two can- didates, and a poll being then demanded was had and taken in writing by the faid bailiff : That on the lOth day of Fehruory following the candidate Mr. Phtli[ps required the faid bailiff" to deliver Error." 1 26$ deliver him a copy cf the faid poll, and was ready and offered to pay him any rcafonabie fum of money for the Vvriiing thereof as he lliould rcquiie: But the laid bailifFdid not deliver the fame, but contrary to his duty, and the faid act of pariiamenr, volun- tarily and utterly refufea to deliver him a copy of fuch poll, whereby the plaintiff in the laid attion was intitied to demand and recovtr the laid penalty of 500/. Upon the general ilTue pleaued, this action was tried at the • Lent afiizes liolden for the county oi' ^Somerfet 2 of kincr Ge?. be- fore Mr. Jutlice Ej/ie, by a fubltantial jury, and after a very Icr.g trial upon full evidence, a verdift was given for Mr. PAe- lipps to the latisfaftion of the judge who tried the cauie ; and it appeared that the faid Thomas Smiih (who is a praftifing attor- ney) behaved himfelf very arbitrarily, and that his whole pro- ceedings as bailiff, and particularly this for which the aflion was brought, was in open defiance and contempt of the law. Upon this verdid the court of kings bench gave judgment for Edxuurd P/ielipps, the plaintiff in the atSlion, and the defendant Thomas i>Mii/i, brought a writ of error in the exchequer chamber, where the faid judgment was affirmed unanimoufly by all the judges of the common pleas and barons of the exchequer. That this a(5tion being founded on a law made to remedy many great abufes committed by officers concerned in eleftions for members to ferve in parliament, which had been long com- plained of, and by which, if a remedy had not been timely ap- plied, the very conftitution of parliaments might in a general uiea- F 266 7 fure have been fubverted ; and the faft being verified by ver- dift, and the ground and nature of the a£tion, as well as the form and manner of the proceeding, having been approved of by the judgment of all the judges of England, This defendant in the 'writ of error humbly prays., that the faid judgment in the exchequer chamber may be affirmed by the judgment of this honoura- ble houfe, %Kith cofis. Tho. Lutwyche, J. Comyns. pj/' Her eas hy \\T\Mt 0': h\% maj.-fty's writ of error returnable Order for the into the houfe of peers in parliament aflembled; a record a'Tirmancc of of the court of king's bench was brought into this houfe on the 'f^' J'i''s"L«"f. fixth day of January lail pad, with the trarfcript thereof, wherein J, thcTcS. judgment is entered for Ldvoard Phelipps, efq; againff Thomas ^mith bailiff ot the borough oi Ivdchejier in the county o'i Somer- fet ; upon which errors were afll^ned, and iiliic joined, and this day counfel heard at the bar to argue the errors thereupon : It is ordered by tlie lords fpiritual ana temporal in parliament aflem- b!ed. That the faid judgment given for the faid Ednard Phelipps againft the faid Jhomin H/niih be and is hereby affirmed ; and that the ^66 The entry of Ihc alfi mancc in pa: liaintnt, ■wlucli coms!. in after ilic ccnii- nuance of the Jn rulh ejl trrat'' y and is figneii by the ck'^k of the pailixinciit. Error. f r.c I'aiJ Eiiivnrd Phelipps flo recover 5 /. for his ccfls occanonc.l by the delay ct' execution of the faid judgment by pretence of the laid writ of error, according to the tlatute in that c;ife. made and provided ; ami th?t the tranfcript o. the faid record, where- in juiignieiit is entered as alorefaid, be renitited. O T yet, l£c. On which day before the hsmc conrt of par- liamtnt at li'ejtminfter comes as well the faid '1 homus Snii:h as the laid EJ-zuurJ Phelipt>s in their proper pcrfons ; but becaufj the court of parliament atercfaid now here are not yet advifcd 10 give their judgment of and upon the premilfes, day therefore is given as well to the faid 1 homas !Smith as to the laid KJvuard F/ielipps, before ihe fame court of parliament, until Sa'.urdoy the 17th day oS. March next enfuing, whcrefo'-vcr, ^Jc. to hear their judgment thereon, becaufe the court of parliament afore- faid here thereof not yer, ynas Smith above for error afligned in any wife notv/ithftanding ; And it is farther confiJereil by rhe fame court of parlioment afore'aid now here, that tiie faid Ed- ivnrd Phelipps do recover againrt the faid T/tomas Smith 5 /. to the fame Edituard viith his ajfent' by the fame court of parliament aforefaid, according to the form of the tlatute thereof made and provided, adjudged for his damages, cofts and charges, which he hath had by reafon of tlie delay of the execution of the judg- inent aforefaid by pretence of profecuting of the faid writ of error; and thereupon the record aforefaid, as alfo the proceed- ings aforefaid in the fame court of parliament in the premifTcs Lad, by the fame court of parliament to the court of the fai>l lorvl the king before the king himfelf wherefoever, k£c. are remitted, l^c. Williaj7i Coivper, Cl' Pari'. [ 267 ] The rntry of the affirmance ill parliament «n die roll of R _\r!main, l^c. Aftcrvvsrds, to wit, on the 12'h day of Dccemler in the 5th year of the reign of the lord ihe now king, the fame lord the king fent to his trufty and well beloved John Pratt, knr. the chief Error. 567 t)ilef juftice of (lie fame lord the king affigned to hold pleas the judgment t'efor'e the king himfeif, his writ clole in thefe words, to wit, in the K. B. to GVar^j)^, er afortfaid, when by the law ot Erglatid the judgment in the faid Court of exchef]uer chaiiiber aforefaid ought to have ;>r'en given for the faid T. for the revrrfal of the Od ' jiidjtnient ia the faid court of the faid lord the king b.fore the king himfcif fo ks aforefaid fivcn ; ihcrtfore in that iherj is manitcft error. Vci. I. *" G g Aad 5^7 t Error. An;', the faid E. Pheli^{>s, efq; in his proper pcrfon before the fail! lord fhe king and the peers in the prdent parliament of Great Britain at IVeflminfler in the county o[' Mi J Jh/ex a/Teniblod likewife conies and fays, that there is no error either io the record and proceedings aforcfaid, or in the rendition of the judixinent aforclaid, and prays, that the lord the king and ihe peers in the prefent parliament of G'rc.7/ Hritciin at IFefltnityler in the county ci MiJdlefex aforefaid nfTenibled now htre may proceed to the examination as well of the record and proceeding's aforefaid, as of the matter aforefaid above for error airigned,and that theju(!g- nient aforefaid may be in all things affirmed : And becaule the court cf the faid lord the king before the king !iiinfelf in his par- liament are not yet advifed to give their judgment of and upon the preir.ifles, day therefore is given to the parties aforefaid before the laid lord the kirg in his parliament until Wednefday^ to wit, 28th day of Jiinuaty next cnfuing, wherefoever, ^c. to hear their iuJgincnt of and upon the premifTcs, becaufe the court of the faid lonl the king lierein his parliament thereof not yet, ^c. On which day before the fame court of parliament at I'Vejiminfter aforefaid comes as well the faid T. Smith as the faid E. Phelipiis in , their proper perfons : but becaufe the court of parliament afore- faiei now here are not yet advifed to give their judgment of and upon the premilTes, day therefore is given as well to the faid T. Smith as to the faid E. Phelipps before the fame court of parlia- x\vix\\.\Lnv\'7hurJday, to wit, the 5th day of Ffj5/K^7r)' next enfu- Jng, wherefoever, K^c. to hear tht:ir judgment thereon, becaufe the court of parliament aforefaid here thereof not yet, ^c. On which day before the fame court of parliament aforefaid atlVeJi- triinpev aforefaid comes as well the faid "T. Smith as the faid E. Phelipps in their proper perfons: Whereupon all and lingular the premiffes being fecn, and by the court of parliament aforefaid now here more fully underflood, and as well the record and pro- ceedings aforefaid and the judgtncnt on the fame given, as the faid caufes and matters by the laid Thomas Smith above for error ifilgtiet', being diligently examined and infpe(5ted, and mature de- liberation being thereon had, it feems to the court of parliament aforefaid now here, that there is no error either in the record and proceedings aforefaid, or in the rendition of the judgment afore- r 268 ] faid, or in the affirmance of the faid judgment, and that the faid record is in no wife vicious or defective ; Therefore it is confi- dcrcd by the fame court of .parliament aforefaid, that the judg- ment aforefaid, and alio the affirmance of the fame judgment be in ail things affirmed and remain in their full force and effect, the faid caufes and matters by the faid Thomas Smith above for error af- figm d in any wife notwithftanding ; And it is farther confidered b^ the fame court of parliament aforefaid novk' here, that the faid Ed- ivarJ Error. 26S nii/tr^ PheUpps do recover a^ainft the faiJ Thomas Smith 5 /. to tlic fame Edvoard by his aficnt by the tame court of parliament aforefaid, according to the form of the ftatute thereof m:ide and provided, adjudged for his damages, cofls and charges, which he hath had by reafon of the delay of execution of the judgment a^Virefaid by pretence of profecuting the faid writ of error ; and thereupon the record aforefaid, and alfo the proceedings afore- fj'.id in rhe fame court of parliament in the premises had, by the fume court of parliament to the court of the fatne lord the king before the king hinifelf, v/herefoever, b*c, are remitted, ^c. Ofgood and Alexander. AFterwards, to wit, on IFer/n^fd.-Jv next after i c days of Eft/Ier ^^^^} ^f <">= of , ,, L .- 1 I J I I • IT/ ,1 • n the dcrendants m that tanie term, bv.'tore the ior.i the king at iVeftminJier ^^^^^^ ^j^^ , come the (^lid 'John O gooii and N/dhuniel Ro"fe in their proper iu bauk aflign- peifons and fay, that in the record and proceedings aforefaid, as cd for error, alfo in the rendition of the judgment aforefaid, there is manifeft Salk.8. error, in this, to wit, that by the record aforefaid it appears, thit the judgment aforefriid is given as well againft the faid John irooJs as againft the faid John Ofguod an(i Nathnniel Roufe, when in truth the faid 7o/?w Woods in the plea aforefiid mentioned, be- fore the trial of the iflue in the record aforefaid between the par- ties aforefaid jained, and before the rendition of the judgment aforefaid, to wit, on the 20th day of Julyln the 8ih year of the reign of the faid lady the now queen, at Hor/ham afortfaid in the county of Su/J'ex aforefaid died, and fo the judgment aforefaid is erroneous and void in law : And the faid John Ofgood and Natha^ viel Roufe pray, that the judgment aforefaid, for the error afore- faid and others being in the record and proceedings aforefaid, may be revoked, annulled and held as void ; and that they the iaid John Ofg od and Nathnnid Roufe may be reflored t® all thif^'S which they have loft by reafon of the judgment aforefaid : And ^^J'-'A' P^J- tf.ey pray a writ of the lady the queen, to warn the faid John Alexander to be before the lad.y the queen at IVeJiminJier to hear the record and proceedings aforefaid ; and to them it is granted. And the faid J'jhn Alexander by J'jhn Allen his attorney cnnies and fays, that by any thing b'-fore alltrdged the judgment afore- faid ought not to be reverfcd, becaufe he fays, that the faid John Woods m the pKa aforefaid mentioned is yet furviving and in full ^^P'; '•^"^ *>* life; witlu.ut that, that the fame J Jin Woods, he\ore the triil "■ * '^«* ct the iiTtie aforefaid in i.he record a'orefaid between the panics aforefaid joined, died, in manner and form as the faid John Of- gooJ zn<.\ Nathaniel R uje above have allcdged ; And this he Is ready to verify: Wherefore he prays, that the judgment afore- faid may be in all ihing"; ^fhuiied, ?5V. And the faid John Ofgood and Naihanitl Roufe n^ before fay, Rrjoindcr th;it tliat the faid JohntVoods died before the trial of the ifTue afore- hcdicJ, faid, in manmr and form as rhe fame John Ofgood and Nnihaniel above have allcdgcd : And this they pi ay may be incjuirtd of by G g a ' ihc -268 1 Error. the country: Anc3 the fr.id Jofin /llcxnnda.y q{ ^pril in the 8th year of our reign. The anfvjer ofGccrge Treby, knt. the chief jujtice ivithin named .• The return. The record and proceedings of the plea whereof mention Js Salt. 754, 779. wi;hin made, with all things touching ihem, before the lord the kirg, wherefoever, £9'f. at'ihe day within contained, I fend in a certain record to this writ annexed, as I am within command- ed. G. Trehj. Fleas Error. 2^69 Pieas inroUetl at We&m\nQ.er Z-f/or^ George Treby, knt. and his companions y jujlices oj the lord the kirg of the bench cfTnnny term in the "jth year of the reign of the hi d William the third, hy the grace of God of Engl^n^, Sic. Roll 1227, Stn^ord, to wic, VUfanna Jodrell, wiJov.', who was the wife of-' Declaration. John Jodreli, yeoman, by fonas Slaney her at- torney deir.nnds againft W^tdter "Jennings., clerk, the third part of one mefTaage, 1 o acres of meadow, and 30 acres of pafture with the appurtenances in Earr.JjcLL orherwile Yearnfitld, as tha dower of the faid Sufmna of the endowment of the faid John her late hulband, l^fc. And the faid IVaher by John Biiclmore his attorney comes piea. and 'fays, that the faid Suf.tnna ought not to have dower of the Never fei fed tenements aforci^aid with the appurtenances of the endowment of of that dowcr. the faid Ji>/i/; her lare hufoind, bccaufe he fays, that the fame John, late hufoand, ^c. neither on the day he married the faiJ Sufanra, nor ever after, was fcifed of the tenements aforefaid with the appurtenances whereof, i^c. of tuch his eftate, fo that he could endow the faid Sufanna l\\tTQo'i : And of this he puis hinifelf upon the country, and the faid S.ufunna like wife, i^c. Therefore the fiieriff is commanded, that he caufe to come here r; awarded, fiomthe day of the WoXy Trinity in three wteks 12, fr. by whom, l3c. and who neither, fjc. to recognize, l^c On which day the jury between the parties aforefaid in the plea aforefaid was put thereof between them in refpite here until this day, to wit, Irom the day of St. Michael in three weeks then next following, unlefsthc juftices of the faid lord the king afligned to take afllz;s in the cou'ity aforefaid, by the form of the ftatute, l^c. on Thurf- 13 E. i. c 30. day the firll day of Augvfl next pad: at ^taff'ord in the county 12 E. 2. c. 4. aforefaid fird cosue : And now on this day comes as well the faid '''■ ^" 3- *^- •*'• Sufur.na as the faid IValur by their aitornies aforefaid, and the faid jullicesof afTiz,e b>;fore, ^r. have f.nt here their record in thefe words; Afterwards the day and place within contained, before Tlie r°^^*' George Trehy. knt. chitf ji'dice of the faid lord the king of the bench, and Thcmnf Rokthy, knt. one of the juftices of the faid lord the k'xng of the bench, juftices of the faid lord the king iiiri.^ned to take alfizjs in the cou-uy of Stafford, by the form of the (latufe, Lr'c. com'^s ns well the within named Sufann.i J-jdrell as the v.. thin wriiten I'/alier Jennings by their attornics wiihn contained; and the jurors of the jury whereof men'ion is within made being called, tome of then), to wit, Rich.ird Cotton, Rich- ard Pott, John I'/oton and Th-mas N :'val coiue, and on that jury are fworn ; and brcauf; the- reft of the jurors 0! the fame ju- ry hr.vc not apj^ared, th-rf-fore others from the by-flandcrs by the flicrifFof tiie county aforefaid hereto elefled, at the rf-(iuefl of the frtid Sufunn.i Jodrjl, and by the command of the jiilliccs aforcfa:d are added anew, whof- names arc annexed to the panel G g 3 withit^ -269 1 Error. -}<. H S c 6. within written, according to the form of tlie ftalute in fuch cafe made and provided ; and the jurors fo added anew, to wit, J. Palmer, J. Reyholls, L. Dickenfin, R. Stone, R. Greefehrobk, J. Palmer, A. IVarA ^rxA J. FhiiippSy bein^ called likewife come, who (o fay the truth of the within contained, together with the other jurors aforefaid (\rfl impanelled and fv.'Orn, b^ing eltfted Verola for the ^ied and fworn, fay on their oath that the within named Jo/jw, dcmaailaut. the late hufbind of the faid Sufann/t, on the day that he married the within named Sufanr.a was ftifed of the tenements within written with the appurtenances whereof, ^c- of fuch his eftate, fo that he could enoow the faid Sujanna thereof, as by the decla- ration within written is fuppofed ; And the fame jurors en their oath fanher fjy,thal the laid John, of fuch hs cftaie in the lene- iTients aforefaid with the appurtenances being as aforefaid fcifed, died fo thereof feifed on the 25th day of March in the year of the Lord 1677, and that the tenemtnts aforefaid with the appurtenan- ces are worth by the year one pepper-corn, and they rlicls the da- mage of the faid Siifanna bv reafon of the detention of her dower aforefaid, befities her cofts and chargss by her about her fuit in this behalf expended, to \tl. and for thofe cofls and charges to 4oy. And becanle the juftices here will advife of and upon the premilFes b.-fore they give judgment thereon, day is given to the parties afoiefaid here until in the oftave of St. Hillary to hear their judgment ther.'on, becaufe the fame j'liliccs here thereof r ,- 1 not yet, i^c. On which day here comes as well the faid Sufar.na 'X ^'ivi. A as the faid IValter by their attornics aforefaid, snd hereupon the J he vei diet let • r^ ,- /• • 1 1 ■ 1 11 1 • r 1 afHe, and a -vt- record and ver.ift aforefaid bemg read and heard, it leems to the wre Jc no'vo jullices here that the jurors aforefaid have nr.fbehaved themfelves awarded, \y, giving the verdidt aforefaid, fo that that verdict is idle and void in law : Therefore it is confidered, that the yerdift aforefaid be held as idle and void, and had for nothing ; and the procefs againfl the jnrors firft impanelled being omitted, and that panel intirely withdrawn, the fVier'fi is commanded, that he caufe to come anew here in the odave of the puriticntion of the blefTed Mary 12, b°f. by ^'hom, l^c. and who neither, ^r to recognifc, l^c. becaufe as well, f r. And now here on this day comes the faid Sufannahy her attorney aforefaid, and the faid jullices of afTize, before whom, l^c. have fent here their record in thcfe words: The poilea. Afterwards the day and year within contained, befcre S. Eyre, knt one of the julHces of the lord the Icinj; afli^ned to hold pleas before the king himfelf, and T. Breton, tfq: to the faid S. Fyre ^n^ 7. Rokehy, knt. another Juflice of the faid lord the king af~ (ii;ned to foM pleas before the k-ng himfelf, jjftices of the faid lord the king -ililgned to t;ike rifTizes in the county o\' Stafford, by the form of the flatute, tifc. being this time afHiciated, the prefence of the fai.i 7. Roleby being not expcftcd, by viri w of the writ of the Inr' the kingofy7«o« (mines, iffc. come as well the within name.' SufnH/j JoJrell ^s the within written IValter "Jennings by their attorn:es within contained : and the jurors of the jury, where- ef mention is within made, being called, fomc of them, ro wit, T. Majm »3^. I. c. 30. »a E. a. . c. 4. 14 E. 3. c. 16. Error. 12"7\ and at the laid time of the faid appearance of hnn the faid IP'nlter in the faid court of bench before the faid julliccs of the fame court by the faid 'Jofin Lluckmore then his attorney aforcfaid, and alfc at the faid time of the rcndirion of the judgment aforefaid in form atore- Nonige. faid, was under the age of 21 years, to wit, at EanfielJ^ cihtr- •w\{t y ear r. field aforefaid in ihs county of Stafford aforefaid ; in wiiich cafe the faiiie IV/il'er ought to have appeared and p'rad" ed bv his guardian, and not bv his attorney, in manner and form aforcfaid ; and the fame Walter iays, that in that there is manlfeft error : And this he is ready to verify: And the fame IVultet prays a writ of the lord the king, to warn the faid Sufaiwa to be b-^tore the lord the king to hear the record and proceedings aforcfaid i and to him itis granted, IfJc. Repl. Full age. y^^j \hc (3\d Sufntina hy John I illy her attorney freely here in court comes and immediately favs, that the faid IVrJter ought not to have or maintain his writ of error atorelaid agrtinft her, be- caufe file fays, that the laid V/alter on the faid morrow of the Holv Tiiiiity in the lame Tfin'-ty ttrm, and at the faid time that he by his attorney aforefaid appeared at the fuit of the faid Su- fanna, and on the day of the rendijon of the judginent atorelaid, was of the full age of 21 years : And of ttds Hie puts herf-lf /V»/V;awird- upon the country: AhvI the faid lf(d:er thereof likewife, ^c. "^ * Iherefore the iherifF of the county of ^.'^j^'''''^ ^^^^'''^d'aid is coni- nianded, that he caufe to poiue b'.fore the lorvi the king on the o61ave of the purification of the bh ffed A/f/rv, wherefoever, l^c, iZylSc, by whon>, i^c. and who neither, i^c. to recognife, fs'r. upon their oath, whether he the faid IValter on the faid morrow of the Holy 'I'timty in the fame Trinity term, and at the faid time that he by his attorney aforcfaid appeared at the fuit of the faid Sufann/7, and on tlie day of the rendition of the judgment aforefaid, v/as of the full age of zi years, or not, becaufe as well, iSc. The fame day is given to the parties aforefaid, ^c. Oa Error. S71 On wliich day before the lork, li.e king at IVeJiminjier come the parties aforefaid by their attornics aforefaid : And the iherifFof the«county of Staffoni, to wit, IViHiam Muirell, efq; returns the faici writ of lenire facias to him in form aforefaid directed, and the names or the jurors in all things ferved and executed, none of whrun come ; '1 hcretore the fluriff is commanded, that lie ciftrain the jurors aforefaid by all their lands and chattels Dijlringts in his bailiwick, fo that he may have their booies before the lord aW'i'''i="^. the king from the day oi Ealter'xn 15 days wliereloever, l^c. uniels the jullices of the faid lorJ the king aflig^ned to take at""- fifes in the counry of St.]% Fleas a! the hing's court before Richard Pyne, ht. and his com' famous, jujiicesof the lord andla.y William ^w^Mary, by the grace 0/ Go^^ 0/ England, Scotland, France l la^ly the now king and queen, IS'c. to the great damsg* of the Tiid John ; whereby he fays that he is prt judiced, and bjth damage lo ilie value of 4000/ fterling : And therefore he produces the fuit, cifc. And the faiJ Richard hy R. P. his attor- ney comes and deftrnds the force and injury when, iffc. and fays Ifot g'-ilty. ji^jj 1^^ ;^ yQj guilty of the premifTcs alorefaid above charged on him in mar-.ner and form as the f;iid Juhn hath above againll him ileclared : And nf this he puts himfelf on the country ; And the {"aid J5,^« likewifc, o<-. Therefore the flicrifi* is commanded thut he caufe to ccmc here from the day of Ea/'hr in 1 5 ilays 1 2, i^c. by vi'hom, kJc. an'i wiio neither, If^c. to recognize, ts" c. becaule as well, \Sc. The fame day is given to the parties afo''efaid here, CsV. Afterwards the proceedings thereof between the parties aforelaid in the plea atorefaid bt;ing continued by the jury thereof beiwten them b^in'J refpited here until this day, to wit, froii) the day of Sr. Hil/.nj \n 15 days then ne,xt enfuing, before v.-hich I>Mn'if of the d:\ythe faid lady .W..':j late queen of Er^'/^.T*/ departed this life, «!•■•-'-"• after whofe death, to wir, at the faid 15th day of S\. Hillary, comes as well the faid J. i. gent, as the faid R. C. efq; by their atromies aforefaid ; and the ji:rors thereof impanelled being called likev>;ife come, who to fay the truth of the prem'fles, bjin^ VtutitV at bir elected, tried and fworn, fay on .their oath, that tlie faid R. C. to- tiic pliia- is guiltv of the trcfpafs and ejrCimi nt aforefaid in manner and ?'^- form as' the faid J. L. above againft him complains j and they allVfs the damages of the faid j./7« by reafon of the' trefpafs and ejectment aforefaid, befides his cofts and charges by him about liis fuit in this behalf expended, to \z d. and fur thofe cofts and charges to 6 <-A Therefore it is corfidered, that the faid J. L. gent, do recover againft the faid R. C. his term afcref:iid yet to come of and in the tenements aforefaid with the appurtenances, and his i!ama2;es aforefaid to 18 y in that fame term, before the lord the king at ifiH awardnl. ,],^ king's court cor.ies the faid 'i . L. by C. R. his attorney ; and the lauie Jihr] prays a writ of the lord the king, to warn the faid A'. C. tob; betore the faid lord the king, to fliew if he has or knows any thing to fay for himfelf, why the faid J. /-. ought not to h-.ive his execution againft him of and upon the judgment aforefaid ; and to him it is granted. i£c. W hereby the llierifF cf the county of Mid^lUfcx is commanded, that by good, ^r. he rive notice 10 the faid R. C that he be before the lord the king ©n TueG/ry next after three weeks of the lloly irinily, wherelo- «v r, t^c. to ihev/ in form aforefaid, if, ^c. and lariher, ^c '^f h? fanie diy is g'ven to the faid jo/w, ISc. On which Any betQrc Error. j2>73 before the lord the king at the king's court comrs tlie faid y. L. by his attorney atorel'jij, and ciFtr>;.1 hiiiilcif the lounii , 200 gardens, too orchards, three wind-mills, three iulling-mil.'s, 1000 acres of land, 1000 acres of meacow, 1000 acres of pal- ture, and 1000 acres of heath and furze with the appurtenances in Qormnvjloivne, He. all and fingular which premiiles lie and be in the barony of Duheke in the county aforefaid ; *"! o have and to hold all and lingular the dcmiled preiiiifli^s aforefaid to the iz.mc John Lynch, his executors, adminillritors and alligns, for the f 274. ^ term of 21 years then next enfuing ; and that by virtue of thi* fame demife the fanie John Lyrch on the fecond day of the month i.f May afrefid in the year of the L.ord 1693 abovefaid in tiie demifed premilTes aforefaid with the appurtenances entered, tmd was thereof poir.fll-d J arid that being lb thereof poffelfed the faid R. C. on the third day of Mr.y in the year abovefaid into the de- mifed premiifes aforefaid in and upon the poll", flijn of hinj the laid Jolin (hereof entered, and him the laid Jo/m from his fantj afore- faid, his term aforefaid therein not yt endod, with the like torca snd arms ej'-ftfd, expelled and amoved, ami kim the faid Jv/iit !• thereout exp:lL'd -rom hii farm aforcfaid hath kept out, and yet C- 2. 274. Error. yet doth keep our, and other outrages on him then and there commit tCii, to the damage of the faid John 4000/. flerling ,- to which laid declaration the faid R. C. by R. P. his attorney came into the fame court before the faid jullices and defended the force and injury when, CV. and faid, that he the faid Richard \\&s rot guiity of the trcfpafs and cjcftmenc aforefaid in the declara- tion aforefaid mentioned ; And of this he puts hinitllf on the The evidence country : And the faid J. L. likewife : And nov; here at the trial 'or the pUin- ot the ilfue aforefaid bttween the parties aforefaid by R. R. efq; 'liw ot counl'el with the faid plaintilF, to maintain the iffue aforefaid on the part of the faid plaintiff, and to prove the title of the faid y. Ptejlon, the lelFor of the faid plaintiff, to the demifed prenfif- Ic-s aforefaid at the time of the demife aforefaid made, he gave in evidence to ihe jurors aforefaid a certain aft of parliament of the lord Charles the fecond,Iate king oi England^^c. begun in Dublin in this kingdom oi Ireland on the 8th day of May'xw ihc i3ih year cf the reign of the lord Charles the fecond the late king, and there continued by feveral prorogations until the 26th day ot Odober in the 17th year of the reign of the faine late king Chatles the fecond, Ir:Jh a£l, 15 intitled, An ad jor the better explaining of fume doubts arifing upan ^' " an act intitled. An ad for the better execution of his mojejiys gra- cious declaration for the fettlement of this kingdom of \c.'r'd into the h;;nds and to the ufc of Charles the firft late king of £w^/rt«r/, after the 23d day oi Oaaher \^\\y l^c. And tartlier the faid N. Dor.elLin, on the part of the faid defendant, fhev.-ed and gave in evidence to the jurors aforefaid, that farther - by the faid aft of explanation it is provided, that the laid comniii- fionersto put the aft aforefaid in execution, l^c. and farther the the faid A'. D. to the fame jurors in evidence offered, and would have proved, that the lands, tenements and premiiTes aforefaid in il.e declaration aforefaid mentioned were in the Icifin of the faid R. C. at the time of the making of the aft aforefaid, as aflig- nee of the fuid Charles, late earl oi Montrath, being the fon of the fa;d earl, and the lands aforefaid being to him duly tiligned Vj the fame late carl, and to him and his heirs duly appointed in limitation, according to the true intent of the faid afts ; arid that the lands in the declaration were the lands of the faid vilcount Gormanfto^i:ne, and to him by the late claufe or provifion, after reprifals to the fame Richard lo be made, to be rellored j and that the fame lands and tenements contain in themfelves, and aE the time of making the faid aft of explanation did contain in themfelves 1400 acres of arable land, and that no other forleited lands were afiigned to the fame i?:Vy^ar// as affignee of the faid Tifcount, or toany other perfon, the heir or aiTignee of the faid vifcount, in fatisfaftion, except lands containing 1100 acres and no more : and that no fatisfaftion was made for the rents, ad- vantages or profits of the faid lands received by the fame lord L 275 J vifcount Gormanjloivve in the faid aft named, or by the agent after the entry upon the premifTes aforefaid by him made ; and for thefe reafons, and until the full number of 1400 acres fhould be cfTigned to the fame Richard in fatisfaftion ot the faid 1400 acres in the faid declaration mentioned, and until latisfac- tion fhould be to him made for the rents and profits of the pre- niHTes aforefaid, according to the true intent of the f^me aft, neither the faid vifcount, nor his afligns ought 10 be reflored 10 the tenements aforefaid, in the declaration aforefaid mentioned : And the faid N. D. farther gave and fliewed in evidence to the fame jurors on the behalf of the faid R. Coote, that the faid Jenicoy late lord vifcount Gormarjlo'vjne, who by the fame aft was reflored to the fame tenements, was attainted of high treafoa committed againfl the lord the now king and the late lady the queen, to wit, on the lothday of /Ifril in the 3d year of the reign of the faid lord and lady the king and queen, by virtiie whereof all lands and tenements were forfeited to the faid lord and lady the king and queen without any ofHcc or inquifi- lion thereof found or to be found, according lo the form of the ftatute in fuch cafe made and proviiled, and by rcafon thereof were ftifed into the hands of the lord and lady the king and (jucen; whcrciore becaufc the hands of the faid lord the now king, or of the faid lord the king and of the late lady the queen, were nob amoved, and the faid Jenico in the dctlarauon afyrtfa'i J mentioned jf„^^,g, „^„i. by ♦275 Error, entr}' no poiTcfHon or feifin could obtain ; therefore for tliat reaf'jii liie deinife of the premiircs aforela'iLi to the fame "J. Lynch iJiaue as is fuppofcd, was ir.vali i ami of noctf.ft : And he far- ^t ',-«.;«•'. rlic iliswed in evidence to the fame jurors an.1 f.ii i, that the faij (T'luniel p.'ivc intiruiiient in writing produced on thi? part ot the plamtiiF iin- that for cvi- ported an iniolment in the exchequer ot a certain orJ.cr made hj dci;c<- w! ich It the fame commiflioners for the execution of the faid oft of p^rlia- not tvn^tncc, nient, to wit, an order btaring date the firil dnv of yununry 1668, by R. Roc/tfo't, efq; of counfel with the plaintiff, in evi- dence to the jurors aforefaid fhewn, ought not to be given with- out proof of the fame by the oath ot v.itnelTes, that the order a;ort!'aid was (igned and fealed by the fame comriiifTioneiS, becauft it was not of recor.l, nor in iifelf any order which was Jhe nt^gtf. ie. lecorded ; and he the faii A'. Z>. defired the faid juftices, before fncd 10 ncclare 1 , • 1 r 1 -rr c c • \ • 1 1 • thelawtotbe w* "0111 the trial 01 the iljue aiorciaid v/as', to intorm the jurors iarorf. afoiel'iiJ, and declare to them the law of and upon the preunff s^ and that the Icafc aforefaid to the fame plaintiff made, for the renfon aforefaid, was invalid, and that the faid Jenico Ptejlot ought not to be reftored to the premifRs aforefaid by reafjn oi the impeiliments and for the caults afor.faid, which ought to be removed, according to the form and etfeft of the faid ftatute. But they »f- before he could be rcftored ; but the fame juftic s affirmed to beTaw 'which '^^ J"^^" aforefaid, that the faid matter, by the faid N. D. m •vizt, noi law • manner and form aforefaid fliewn, was of no efFcft to preclude the faid Jenico aforefaid, or the faid plaintiff, for having of maintaining his aflion aforefaid ; wherefore the fame .V. D„ becaufc the matter aforefaid by the fame 7v. fliewn, and to the •w'.erefcre the jurors aforefaid in evidence produced and given, doth not appear re'cndani'? nor could in any manner appear by the verdift of the jurors counicl tender- aforefaid rfquired cf the fame juftices, according to the form of cd t'.-is bi , jj^^ (latute in fuch cafe made and provided, this prefent bill, •which tlie Jul- ... r r ■ 1 i_ r ticcs icaled. which contains in itlelt the matters aroreiaid to the lame jurors 13 E. I. c. 31. by the faid A', in evidence fliewn in manner and form aforefaid, which faid julliccs aforefaid, at the rcqutft of the faid A', to this prefent bill, according to the form of the flatute in fach cale, did put their feal, at the king's court aforefaid 4th day of Filru- ary \Go\. R. Cox, J. Jeffrefo'-. And the fame R. Coote prays a Certiorari to writ ot the faid lord the king, to warn the faid A'. Cux, knf. and y. tbc juft.cc. to jfif,efcn, knl. (he iufticesatorefaid,that they be before the faid loid own or deny J^ j ^ J , ■ . . , the fcal. i"<-" ''-"^S. wherefoever, ci; c and u is granted him, rJc. whereby the fame jullic^-'s are commanded to be before the faid lord the king on S.iturday next after the mocrow of St. Mm tin, v.-herefoevcr, t'c. to conie's or deny their fcals by them to th? bill of excepti(n* aforefaid, as aforefaid is aiferted to be put, according to the fcrui and effcft of the ftatute, ^c. On which liav before the faid lord the king at the king's court come the faid R Ccx and y. JefTicfin in their proper perfons, and confefsthc feals by them to Thf judice* jj^^ ^^:,] ^^ exceptions aforefaid, as aforefaid is alPrted to be pur. •wn tLtr"fcal. were the feals of them the faid R. Cjx and J. Jefre/o.n : And bereupouthe fame R. C:e:e produces herein the court of the faid lord Error. "l '^IS loril the king before the king himfclf a certain other writ of error Another writ in the preiniii'es.to R. Reyvell, knr, nn-l b.irt. chief juftice of the oieuor. i'ai>i lorvl the king here, Iffc. direft-'d, in thefe words, to wit, William the third, i^c. To our truftv and well beloved counfellor R. ReynvU, knr. and bart. onr chief juilice ftHigned to hoM pleas before us in our kingdom of h elnnd, and his companions our jjftic^s there, greeting: Reraufe in the record and proceedings ot a piea which was \\\ our court and of the lady Ivuvy the late queen of the common bench, before our trufly and well beloved counfellor, and of the lady Maty our late queen, Richard Py^e, kt!t. and his companions, rur jullices, and ot the lady Mfjry our I'^te queen of the fame bencli, as al(o in the renc'iiion of the • judgment of the fame plea which was in our court ot our com- mon bench between y.j/r« lynch, gent. piainiifF, and Richard Coote, cfq: (defendant, in a plea of tr.fpafs and ejectment, as it is faid, a manifcll; error hath happened, to the great damage of the faid Richardy as bv his compl^iint we have underftood j Wecom- niand you, that the recor.l and proceedings aforelaid being in- fpefted, you farther c;5ufc to be done therein to ccrreft that er- ror what of right and according to the law and cullom of our kingdom of /rf/^n// fliall be to be done. VVitnefs our truftv and [ 276 ] well beloved counlellor Henry lord baron C pAl of Teivkefln/ryy our deputy general governor of our kingdom oi Ir'and, at the king's court 31ft day cf May in the yth year of our reic.n Allowed R. Reynell. Curt' and Carr^ bv Cinr. And hereupon the fame/?. Cojte by his attorney aforefaid Error afilgn come and fays, that iff the record and proceedings aforefaid, and alfo in the rendition of [he judgment aforefaid, there is manifeil error, in this, to wit, that by the record and proceedings afore- faid it appears, that the judgment aforefaid in the plea aforefaid given was given for the faui J. lymh agalnft him the faid R. Coote, when by the law cf the land of t lis kingdom of !re- ///n^j'jdgment in that plea ought to have been given for the faid Richard againtt the fame J'^hn ; wherefore, and for other errors in the record and proceedings afor; faii! being, the fame R.'Coote prays, that the judgment aforelaid may bereverfed, annulled and held as inrirely void, and that he may be reftored to all things v.'hich he hath loft by reafon of the faid juclgment.^r . On wliii h The {.Uintiff* Saturday nQsHTSier \\\G morrow of St. A'/V/r.'/'w comts as well the cfunu upoiuhe faid Richard as the faid Jjhn by their afiornitv/ as bi-fore fays, that in the record and proceedings aforefaid, a>. alio in the rendition of the judgment aforefaid, there is manifeft error, alledging the errors aforefaitl by him the faid Richa>d'\n form alorefaid above afligned, and prays that the judgment aforefaid, for the errors aforefaid ami others being in the record and proceedings, aforefaid, may be rc- verfed, annulled and held as intircly void, and that he may bu ■ reftored lo all things which he hath loft by rcafoii of the faid, Vol., I H h judgment. criort. i^6 Error. ju Igmtnf.aRd that the faiJ Jff/'« to the erron aforcfiid.may rejoin; and that the courc of the (aid lord the king here may proceed to the exanjinaiioM as well of the record and proceedings afonrfjui, as of the matter*; above for error afligned ; And iU<: faid y. Lynch lumnlbefierro' ^-'-y^, that there is no error either in the record and proceedings foM. aforcfiild, or in the rendition of the judgment aforefaid ; arid prays likcwife, that the court of the faid lord the king may pro- ceed to the cxiiDination as well of the record and proceedings aforefaid, as of the faid matters above tor error aiTi^ned ; and that the judgment aforefaid may be in a!! things affiimed, ISc. And becaufe th.e court of the faid lord the king here are not yet advifed to give their judgment of and up'»!-i the pr^niiiles, day therefore is given to the panics aforefaid oefore the laid lord the Icing until on the oO;ave of St. Hidury, wherdoevtr, t5f. to hear their judgment of and upon the pkemiiTt\s, becaufe the court of the lord the king here thereof not yet, i^c. On which day before the faid lord the king at the king's court come the par(ies atore- f.iid by their attornies aforefxid ; vi^hereupon the premifTes being feen, and by the court of the faid lord the king here fully under- ftood, and as v;eli the record and proceeding? and the judgment jni^mcrx xi- thereon, as the faid caufes for error by the faid /?. Coote above firojcd. afijgned, being- diligently examined, and niiture deliberation be- ing thereun had, it feems to the court of the faid lord the king here, ihat that record is nothing erroneous ; therefore it is confi- dered, that the judgtnent aforefaid be in all things affirmed, and ftand in its u'hole force and efFed:, the faid caules and matters above for error afiir^ned in any wife notwilhftanding : And farther it is confiJered, that the (aid J. L. do recover againlt the faid /?. C. 18/. \6s. fterling, for his colls and damages wh'ch he hath fui'rained by reafon of the delay of ex>'^cufion of the judgment aforefaid by pretence of profecution of the faid writ of the faid lord the king of error, and the faid J. L. have thereof execu- tion, bV. rr Afterwards, to wit, on Fticlny nex": after the morrow of St. in England. Martin in that fame term, before the lord the king at yvejimir- Jltr comes the faid R. C. by John Lilly his attorney, and f^ys, that in the record and proceedings aforefaid, and a^fo in the ren- dition of the judgment aiorcfaid, and in the affirmance of the fame, there is manifcft error, in this, to wit, that by the record of the judgment aforefaid, and of the atlirmance of the fame, it appears, that the judgment aforeftid in torm aforefaid was given and affirmed for the faid J. Lynch againft the faid R. Coote, when by the law of the land of the faid kingdom a^ Ireland that judg- ment ought to have been given for the faid Richard againlt the faid ^jhn ; therefore in that it is manifeftly erroneous : And this the fame ^'c-^^/ri/ is ready to verify : Wherefore he prays that the judgment aforefaid, and the affirmance of the fame, tor that er- ror and others being in the record and proceedings aforefaid, may be reverfed, annulled and held as intirely void ; and that the fauie R- C. may be refiOreJ to all things that he hath ioft by rea- fon Error. fen of the judgment and affirmance arnrefaid, C?V. and that the laid 'John to thofe errors mav rej:)in, ^c. And thefaid 'John by Jonathan Bnl: his attorney freely here into court comes, and oyer being had of the errors aforefaid, imme- tiiatcly lays, that there is no error cither in the record and pro- ceedings aforefaid, or in the rendition of the judgment aforefaid, or in the affirmance of the fame judgment, and prays, that the court of the fiid lord the king he»e may proceed to the examina- tion as well of the record and proceedings aforefaid, as of the Uiatters above for error slTigned ; and that the judtrment afore- faid may be in all things affirmed ; and becaule the court, iffc. IVdliam the third, ISc. To curtrully and well beloved J. Holt, Jint. our ch. juft. affigned to hold pleas before us greeting: Be- cauie in the record and proceedings of a certain plea which was in curcou)t oi \\\q \2.l^ Mary the late queen of the common bench in our kingconi and of thefaid late queen ol Ireland, be- fore Ruhard Pyne, kt. and his companions then our julbces and of the faid late queen, of the fame court, by our writ and of the faid late queen, and alfj in the rendition of the judgment of the fame plea which was in our court of common bench aforefaid between J hn Lynch, gent, and Richard Cjote, efq ; for certain tre pals and ejeftment on the lame John by the faid Richard com- niitted, which faid record and proceedings, by reafon of error bappeaing before us in our faid kingdom of Ireland, we caufed to be brough', and the judgment there of before us in our king- dom ot Ire/and was affirHied, and thereupon the faid record and proceedings, by reafon of error happening, we caufed to be brought before us in England, and the judgment thereof before us in Eigland is affinned, as it is faid a maniftft error hath hap- pened, to the great damage of the faid Richard, as by his com- plaint we have undirftood : We willing the error, if any hath been, rtiould be duly corretled, and full and fpeedy juftice done to the par!:cs aforefaid in this behalf, command you, that if judg- ment in the common bench in our kingdom of Ireland and in our court before us in Er.g'and be afTirmed, then the record and proceedings aforefaid, with all things touching them, to us in our prefc;ii parliament yr>u diftinftly and openly without delay fend, and this writ, that the record and proceedings aforefaid bcirg infpecled, we may farther caufe to be done therein, with the aifenl of (he lords fpiritual and temporal beini/ in the fame parliament, to ccrrefl that error, wh*it of ri;;ht an(1 according to the law and cuftoniof our kingdom of Enyland fliall be to be done. Witnefs ourfelf at Wtjirnmjier a6th day of January in the <:j\\ year of our reign. &. Terry. 7 he arfnuer o/John Holt, knt. the chief jiijlice nuithin named : The record and proceedings of the plea whereof mention is v/uhin nia«;e, with all things touching ihen», to the lord the king villiin named in the prefcnt parliamtnt v.ith my proper hands I H h z havt I 276 In nuJlo ratux- eftlf The writ of error in parlia« ment. [ ^71 ] 277 Error. Iinve pro'liiced in a certain record to this writ annexed, as I am within commanded. 7. Holt. Pleas before the lor J the king at Weftminfter of Michaelmas ter7n in the Sth year of the reign of the /yrr/ Vv illian; :hs tfiird, novo /'/«^ 0/ England, &c. Roll 347, N which day before the lord the king at Wijlminfier come the parties aforefaid by their attornies aforefaid : Where- upon all and fingular the prcmifTs being Teen, and by the court of the faid lord the king now here more fully underftood, and as well the record and proceedings aforeiaid, and the jncigment upon the fame given, as the faid caufes and matters by the faid Richard Ccote for error afligned, being diligently examined and in'pefled, becaufe it feems to the court of the lord the king now here, that there is no error either in the record and proceedings, aforefaid, or in the rendition of the judgment aforefaid, and that JuJgnnent at- the faid record is no wife virions or defeftive : It is confidered, that the judgment aforefaid be in all things affirmed, and (land in its full force and eft" ft, the faid caufes and matters for error afligned in any wife noiwithftiinding : And farther it is confidered bv the court of the fail lord the king here, that the faid John 3 H. 7. c- 10. lynch do recover againll the faid Ricliard Coote 44/. to the fame fohn lytic/i by the court of the lord the king now here, accord- ing to the ftatute in fuch cafe made and provided, adjudged for hiscofts, charges and damages, which he hath fuftainecl by reafon of the delay of execution of the judgment aforefaid by pretence of profecuting the faid writ of error ; and that the faid John Lynch have thereof execution fe'r. Afiigomcnt of Afterwards, to wit, the fourth day o^ March in the loth year triors. of the reign of the lord /-/7//?V/w the third, now king of /i«^/^wrt', Is^c. comes the faid R. Coote by J. Lilly his attorney and fays, that in the record and proceedings aforefaid, and alfo in the ren- dition of judgment in the feveral affirmances of the judgment aforefaid in the rtcord aforefaid mentioned, there is manifcf!: er- ror, in this, to wit, that by the record aforefaid it appears that the judgment aforefaid by the faid court of the faid lord the king before the king himfelf at the king's court in the kingdom of Lreland, and alfo by the faid court of the faid lord the king be- fore the king himfelf in England, is in all things affirmed, when, no fuch affirmance of the judgment aforefaid therton 'ought to have been given ; therefore in that there is mamtcft error : And he prays that the judgment aforefaid for thofe errors and others being in the record and proceedings aforeiaid may be reverfed, •annulle(j and held as intirely void -, and tl>at he to all things, which by reafon of the ju>lgment aforefaid he hath loft, maybe relidred ; and that the faid John Lynch to the errors aforefaid may rejoin, l^c. Edu-ard l^orthey.. And Error. J 277 And the faiJ John fays, that there is no error either in the re- joinderin error, cord and proceedings aforcfaid, or in the rendition of the judg- ment aforelaid : And prays likev^ife that the court of pariianicnt now here may proceed to the examination as well of the record and proccecfirgs aforefaid, as of the matters aforelaid by the faiJ Richard Coote above for error afligned j and that the judgment aforefaid may be in all things affirmed. Carlheiv. Saunders and Owen. March 169S. [ 278 ] of a J udgraenr in C. B, N D upon this before the lord the king and the peers of this £rror ai^ijned kingdon of England in parliament at IVeJiminJler in the in parliament county of Mid.defex z^twMtA comes the faid Philip Given hy omhc reverfal R. Hardijly his attorney and fays, that in the record and proceed- ings of jhe reverfal and annulling of the judgment aforelaid on the firll writ of error there is manifeft error, in this, to wit, that the judgment aforefaid by the court of ihe faid lord the king be- fore the king hiaifclf on the firftwrit of error was reverftd and annulled, when by the law of this king ''om of England that judg- ment ought to have been in all things affirmed ; and theretore in that there is manifeft error : And the faid Philip prays that the reverfal and annulling of the judgment aforefaid, for that error and others being in the record and proceedings of the reverfal and annulling of the fame judgment, may be reverfed, annulled and held as int'rely void ; and that the faid firll judgment maybe in all thinos affirmed ; and that he may be rellored to all things which he hath lofl; by rcafon of the reverfal and annulling of the fame ; and that the faid R. launders to the error aforeftid may rejoin, l^c. And the faid R, Saun lers by John Jones his attorney before the faid lord the king and the peers in the prefent parliament of England at Wcjlminjler in the county of Middle/ex aifembled lilU'wife comes and fays, that there is no error in the record and proceedings of the reverfal and annulling of the judgment afore- faid on the firft writ of error aforefaid revtrfed and annulled ; and prays that the lord the king and the peers in the prefent par- liament of England zt IVellvtinlhr in the county of Middlefex aforefaid afl'cmbled now here may proceed to the examination as well of the record and proceedings of the reverfal and annulling of the judgment aforefaid on the firft writ of error, asof the mat- ter aforefaid above for error afiigned ; and that the judgment of reverfal and annulling of the judgment aforcfaid on the firll writ of error aforelaid may bj in all things affirmed, 1£l. Joinderinerror; II h 3 Win- 27^ Error, Wilt of error ta level fc a fine. SHmmons and Uveracce. JVinchurJi and others againft Eelwood and others. Hill. 3^4 Jac. Roll 420. WRirs were directed as in Cick arnl /)'«//, and tlie lafl writ was to the cuftoi hreviun-f hat he ihould fend ihe tranfcript of t'le faid fine, with all things touching it, tt' c and G. IK and J. his wife by l-K Turhill their attorney cone, atid /?. S. and 'T. S. folcnjnly called do not come ; and G. //', and J his wife fay, that in the record and procednngs aforefaid, and alfo in the levy- ing of the line aforefai.i, there is maniftrt error ; and they pray a writ of the faid lord the king to fununon the ftid R. S, and T. S. to be beiore the lord the king ro piofecu'e tiie writ of error aforefaid, and to aifi^n errors bein^ in the record and proceed- ings aforefaid, as alio in, the levying ot the fine aforclaid, together with the faid G. IV. and J. his wife ; and it is granted them ; whereby the flicriff is cominanded, that he fuminon the (aid R. S^ and T. .S'. that they be before the lord the king on the oO^ave of the purih;-atioi\ wherefo-'ver, l^c. to profcccte together with the faid G. and J- the writ of error aforefaid in form aforefaid, if, Ifjc, and farther, ^c . The falijc day is given to the fyid G. and 7". If^c. On which day before the lord the king at IVeJlmn/ler come the faid G. and j. by their attorney aforefaid, and the faid iherlff, to wit, H. B. returns, that by H. B. and O. D. good, Uc. he had fummoned the faid R. S. and T. S to be before the lord the king, according to the command of the writ aforefaid, as he, ^c. which faid R. S. and T. S. being on the tourth day of plea folemnly called, come in their proper perfons and offer ihem- felves ready to profecute the writ of error aforefaid, together with the faid G. and S. and to afilgn errors in the record and proceed- inofs aforefaid, and alfo in the levying of the fine aforelaidj where- upon the faid G. and J. R. S. and 7. S. fay f /in J Jo thiy ajftgn errors) and pray a writ of the lord the king to warn R. B. and S. B. (the defendants) and alfo all (he tenants of the lands aforefaid, that they be before the lord the king, i^c. to hear the record and proceedings aforefaid, and to anfwer to the errors afore- faid ; and it is granted them ; whereby the flierlft is commanded, that, l^c. to anfwer to the errors aforefaid : The fame day is given to the plaintiff: On which day con^e the faid plaintiffs by their attorney aforefaid, and the faid R. S. and T- S. in thfir pro- per perfons.and a./ci'fac' returned to the defendants and tenants ; and the defendants, to wit, R. B. and, 7. M. being foleiTinly call- ed likewife come, to wif, R. B in his proper perfon, and the faid T. M, by .4. 8. his attorney ; and upon this the fame T. M by protefting that he was not fummoned, t'or piea prays judgment of the writ of error in form je/y, and George IVinch and 'Jane, is plaintiff in the faid writ of error, he prays a writ, ifc. to warn the faid George Jack/on to hear the record and to antwer to the errors aforefaid, ^'c. Stai>ely, IVinch and his Wife imparl until the morrow of Tr/^/.^, wherefoever, l^c. to reply : And the fame day is given to them and to Richard Stack. On which day before, ^<,-. coine the faid 7 homas Sta'vely and Jane, lar? the wife of Geo' ge IVinch, now Jane IVinch, wi;!ow, by tV. T. their attorney ; and the faid Richard Stock and R;ger Btlivood in their proper perfons, as alfo Thomas Mofely by his attorney aforefaid ; And the faid Thomas Stai'e/y and Jane IVinch fay, that the faid Geo. IVinch after the lail continuance of the faid writ of error, to wit, after the faid five weeks of /^.-j/y^r and be- fore this day, to wit, the faid morrow of the Holy Trinity, until which day, Ifc. to wit, the 4th day of June, at ISc. died ; And becaufe t!ie faid Richard Stock, Ko;yer and Thomas Mo/e/y Co not ileiiy it, bu^ grant it to be true, therefore it is confidercd, that the writ of error be quailied, ^c. Whereupon the faid 'J homas Sfa'vely an 1 Jane IVinch pray leave to purchafe a new writ of error of and upon the premilfcs ot record before the lord the kmg now remaining ; and it is granted thtni ; Afterwards, to wi', in Ea/ier term in the 2d year of /^////,/w and Mary, the fame lord the king and quetn fcnt another writ of error of and upon the preniifll-s, directed to their laid julVites alh^neil to hold pleas beforct them, feV. which follows in thtfe v.ords, to wit, kVilluim, Ifr. Afterwards, to wit, on Friday next after the morrow of the Holy Trinity then next following, before, c/f. comes the faid Jane IV. by her attorney aforefaid ; and the faid Thomas Utavely^ H h 4 altho' 279 1 Error. altho' folemnly caT.c.J, doth not come; whereupon the fame Jan: fays, that, Iffc. there is maniteft error ; and prays a writ to fum- mon Stately to be before, ^r. three weeks ot Trinity, &'c. The fame day is given to the faid jf^ne, iffc. On which day before, ^f. comes the faid J^we' by her attorney afortfaid j and the fummons returned ; which faid T/ijm,/^ Sta^veiy by C. Tales, his attorney offered hinifclf ready to prufecuie and afllgn errors ; ani.1 hereupon the faid i hnmas Stu'u ly and June fay, that the faid R. Slock and Jnne his wifi; fas hefoi e in the bm ) and death, and aflign errors, as above, may be rtftoreci ; and pray a writ to warn Belivood and M:>lely, and the tcrttnants, returnable tres Mich: The laniu liay is given lo Siazxly and Jafie, 'cfc. And the flicriffharh not returned the writ ; Tlicrcfdre as before in the 0(5lave of St. ////A.'r_y ; And then fummons returned ot Belivood and Mjfely, and Stock the ttrienants ; and they fo lummoned come, and pray oyer ot the writ of fcire facias aforefaid, and of the return thereof; and they are read in ihefe words ; which beine read, the fame MofuJy profclls that he vy^as not funuiioned, for plea he pleads and prays juv g'.ncnt ot the writ of erior laft ifl'ued, becaufe he fays, that ir doth not appear by the fame writ ot error, who or which ot the faid R. Betuoid., Thomas Mofely and R. Stork or Jatie his wife, were or was plaintitr ot and in the fine aforefaid, and who or which of (hem were detorceants of the tenements in the fame fine fpccified, as by the fame writ ought to appear ; wherefore he prays judgment of the writ, and that it may be quaflied. Belivood pleads a releafe of errors as before. — Stock pleads non- tenancv, that Jackfon is tenant. — l-'laintil?" imparls to Mnhaelmas term -.On which day Winch demurs to Mofely's plea. — She after demurs to Belwooi's plea, may be reftored ; and demurs alfo to Stock's plea, may be reftored. — S;ai;eh demurs to Moftlys plea, — and to Belivood^ pleads non eji failum ; — 'and as toStck'^ pica, to the fcire facias cannot deny but it is good in law ; and farther confefleth, that well and true it is, that Stock is not, but that Jack f'jn was tenant; and prays that the writ afortfaid maybe quafhed ; and fhe may have a writ to lunimon Jack/on — Mofely joins in demurrer, and fo doth Beiwood. — And flie to the plea of Jane joins in demurrer. *• ^ ° J Pemberton : As to the releafe he is a coparcener, and one cannot releafe to the other; there is no privity ; (juod cur'' con- ceffit : We have replied fevrrally where it oughr to be jomtly, and this without leave of the court. 29 y^jj'. 35- Cur'' thought they might fever, if they agree to nflign error without fummons and fevf ranee ; and grant the cafe of the 29 -^ff- And that if the defendant in error had pleaded pleas feveral in their natures, the plaintifts might welj reply ftverally of courfe. Et per chief juf- tice : Where one pleads a covinous matter, this may be exa- mined in court, and if it be found fraud, we may fever. Ball Error. sio Ball verfus Cock. Hill. I y 2 Jc/f. 2. i?#/7 546. ^rglanJ, to wit. 'T^ H E lord the king hath fent to his beloved Error to re- 1 Francis Lane, elq; his chirogr^pher of verl« a Cnc. the bench, his writ cloft in thefe words, to wit, James the tecond, by the grace of God, £!ft-. To our beloved Frauds La. e, tfq; our chirographer of the bench, greeting : Becaufe in the record and proceedings, as alfo in the Icvyi'^g of a certain fine in our lourt of the bench at H'^e/lmin/ier from the day of the Holy 'Jrini.y in three weeks in the firfl: year of our reign, b-fore Thomas Jones, knt. our chief juflice of the bench, and Jab Charleton, C> efixell Lenjina and Tkomas S'reel his compmions, then our jiiltices of the bench aforefaid, ami others our faithful fubje^Jls there then prefent, bv our writ between Jo'\n Cox, gent, anvl Fhonias Axe, gent, plainiiffs and Nathaniel Cox, gent, and Sarah his wife deforceants of the 3d part of the reftory of Ma.l' derne Pavja and Penzmce with the appurtenances, and of all and all manner of tithes yearly arifing, growing and renev/ing in Mml- Aertie Par'ua and Penzance in the couniy of Cointx-r,ll ; and by our other writ between the faid Jfthn Cox, gent, and Thjfnas Axe, gent, plaintiffs, and the faid NathanitlCox, gent, and Siarah his wife, of the i^^.^. part of eight mefTuages with the appurtenances in the parifh of S'. Mary Magdalen. Milkjireet in Inr.don, a mani- feft --rror hath happene(!, to the great damage of J 'hn Boll. gent, fon and heir of the faid Sarah, as bv his complaint v/e have un- derftood ; We willinij the error if any hath b::cn, fliould be duly correded, and full and fpeedy jullice done to the fai 1 John Ballxn this behalf, coiumand you, that the tranfcript of the note of the fine aforefaid and of the writs of covenant, with all things touching ihem which are in your cuflody, as it is faid, to us under your feal you dilliniflly and openlv fend, and this writ ; lo that we may have thrm on the cflnve of St. Hillary, wherefoever we fhall then b- in En^r/and, that the tranfcript aforefaid being ir fprfted, we may fanher cauf' to b? dotie therein what o^ right and according to the cuflom of our kingdom of Englmd ^i^W be to he done Witnefs ourfelf at /^r/?iw/w/7fr the 4ih day of Jefore Thomas Jones, knf. and his com/'anions, J'/ficei of the /ord the king of the benchy cf Trinity term in the \ft.^year of the reign of the lord James //^^ fec'ind by the grace of God 0/ England, Scotland, France rt«^ Iriiiand ^/wg, defender of the fAith^ he. Roll 155. Liant:actr.c:r' Cornvoall^ to wit. ^Ohn Cox., gent, gives the lord the king 40 r. J for leave to agree with NathanielCox, gent, and Sarah his wife, in a plea of covenant of the 3d part ot the reftory ot Madderne Par^ja and Penzance wiih tl\e appurtenan- ces, and of all manner of tithes yearly coming, growing anJ re- newing in Madderne Par^^a and Penzance in the county of Cor^- ii^alU and ot the'3.1 part of eight mefTuagts with the appurten- ances in the parilliof ^t. Mary Magdalen, Milk-ftreet in London ; and he hath it by the court for picas admitted before Crefvoell Li'vinz, knt. juftice, in his proper perfon. Writ of error The lord the king hath fent to Ids beloved IVilUam Thiirfby, n aforefaid have re- Jcirefeci. turned, that by virtue of the writ aforefaid to them dirtfted, l>y Jaii.es Bickerjl. iff c ^nA John Doe, good and lawful men of their bailiwick, they had given notice to the faid Nathaniel Cox., gent, tenant of th-i mcfluages aforefaitl with the appurtenances, that he iliould be beforvj the lord the king on the day aiorelaid, wherefo- ever, l^c. to hear the record, proceedings and tranfcript aforefaid, and farther to do and receive as the writ aforelaivl in itfelf com- manded and required ; And they have farther ceriified, that there are not, nor is any other tenrints or tenant of the meffuagesatore- fai.i in their bailiwick to whom they could give notice : And they have farther returned, that the faid Thomas Cox and Thomas Axe had nothing, nor had either of them any thing, in their bailiwick wherebv they could give notice to them or either of ihcm, nor were they found, nor was either of them found in the fame : And on the fame day Jonathan RaJhUigh, efq; Hieri/F of the county of CorwitY/Z/hath returned, that by virtue of the writ afore- faid to him dir.efted by Reginald Haivkey and John Dae, good and lawful men of his bailiwick, he had given notice to Nathaniel Cox, gent, tenant of the reiftory and tithes aforefaid, that he ihould be before the lord the king on the day aforefaid, where- foevcr, y^-. 10 hear the record, proceedings and tranfcript afore- faid, and farther to do and receive as the writ aforefaid in itfelf Commande I and required : And he hath farther ce rdfied to the 1 faid lord the king, that there are not, nor is any others tenants or tenant of the reftory and tithes aforefaid in his bailiwiek to whom he could give noiice ; and he hath farther returned, that the faid John Cjx and 'I homos Axe had nothing, nor had either of them any thing, in h's bailiwick v.-hereby he could give notice to them or eirhcr of them, nor were they found, nor v/as either of thert'i An aJiai feire found in the fame : And the faid John CuxznX Thomas Axe have facias. not come, nor hath either of them come : Wherefore, as before, as well the flieriff of Co>«if>pUi;ate IVithin : And this he is ready to verify: Wherefore he prays judgment, and that the fine aforefaid may be in all things affirmed and remain in its full force and cffLft. * And the faid John Ball favs, that the faid Trinity term in Repl. that the the ift year of the reign of the faid lord the now king abovefaid ^"^^ began the began on the i :;th day of June and ended the bth day of Juh in ' '^^^ "^ J""'* the 111 year abovelt;!dj and that arter the tame 15th day ot -fuly, g^^ o\' July to wit, on thejo'hday of the fame mom h of July in the lit the cw^nizaoce year abovefaid, the acknowledgment of the fine aforefaid on the taken the 30th, faid writs of covenant by the faid Nathaniel and Sarah in the fine ^"^'^ ^^^ king'* aforefaid named b'dore the faid Crefivell f.f-vinz, knt. as aforefaid, .'.e^gth ot jiit- was made: And the faid John Ball iarihsr fays, that the entry, „„y? after the inrolment and recording of the filver and money of the faid lord tieathofike the king for the faid leave to agree, was aclually and really made ^^itc. on the 2Qth day of Auguji after the laid Trinity term in the ifl year abovefaid, and not before the fame day ; and that the faid Sarah before the faid 29th day of y^i-gu/l in the fiift year above- , faid, at Lovdon aforefaid in the parifh of St. Mayy Magdalen Milh-Jlreet in the ward 0^ Cripplegatt- JVithirt, died : And this he is ready to verify : Wherefore he prays judgment, and that the fine aforefaid for the error aforefaid may be reverfed, annulled and held as intireiy void ; and that he the fame John Ball mnv be reftored to all tilings which he hath lort by reafon of the faid fine. On which laid morrow of the Holy Trinity before the lord the king a: U'elhninfter comes the faid John Ball by his a«-" tornev aforefaid : And the faid fherifTof the county of Corn^wall [ 285 } as b':fore hath returned, that the faid JohnCox and Thomas /'xe, had nothing, n'ir hath either of them any thing in his bailiwick, T^e SHerfFol whereby he could give notice to them or either of them, nor was Ctrnun'l rt- eiiherof them found in the fame ; and the faid flierifFs of London ^^iimiH^nl- on the fame day as before have returned, that the faid John Coxy and Thomas Axe had nothing, nor had either of them any thing in their baihwick, whereby they could give notice to them or either of them, nor were they or either of them found in the fame. And the faid A'^/^^w/V/ fays, that the faid plea of the faid John n^njurrer to Ball in form aforefaid above in replevying to the faid pica of th« replication, the faid Nathaniel pleaded, and the matter in the fame con- tained, are not fufficient in law 10 rtvatie or annul the fine alorefaid, and that he ihe fame Nathaniel, to that pica in manner Vol I. 1 i and 285 Jc'ridcr in cic- muirer; The crgnlzccs appv-ar and plead to tht ciUcr fare fa- cins. Demtirrcr to the plea. Jo'inJer in de- murrer. Error. an^l t'orm aforefaid made hafh noneccflity, nor is by the law of the Icri! obliged in any manner to ftnfwer : And this he is ready to verify : \\ hertiore (or want of a fufficient replication in this b' haU" (he fdine ^athuniel as before prays judg:jient, and that the fine afortfaii.1 may be in all thi:igs affiriiied and remain in its full force and eifcdt. ^c And [he faid ^'^ohn Ball fyy*, fhaf his plea 'dforefaid above in replying 10 the faid plea of the i'd\A Nick and the other perfon in the indi^tmrnt aforefaid namei', when bv the law of the land jcdgment on that vprdift ought to have been given tor the Wi^S loru the king againft the faid E. M.- 11. B J. B. and the other perfons as aforefaid ind!(ne^, that they of the trelrflffe?, cort(n:pts. riots, rouis, force, entries, and dc- leiirior.s. bv force fcfonlairi iliould be conviflc-d : And this as wf-ll the fiid Llizt.heih, who as well, i^c. as A'. 5, kijt. attorney ge- neral of the lord (he now king, who prolecutes, i^c. are reai'y to vetify : Wherefore they pray that the; judgment aforefaid, for that error and others being in tlie record and proi eedings alorc- liid, and in the r^ndiiion of the judgment aiuretaid, may be re- vcrfcd, annulieil and held as iniirely voiii ; and that the faid tlizoleih may be reflored to all ihinps which flie hath lofl by reafon of the judgment aforefaid ; and that the faid F. M. If^c. and the other perfons as aforefaid indited cf the trelpalRs, tonteii.prs, r'ots, rouls, force, entries and detentions by force, Uiay be conv'flcd, and .that they acccnling to the fummoni 10 them as afjrtfaid given to the errors aforefaid msy v m ^m anfwer, fr. And the faid E. M. i^c. fo as aiorcfaiJ "J^H^'/^ i i 2 fuiunioncd 27 5 Error. fummoned by John Lilly their attorney come and fay, (hat there is no error either in the record nnd proceedings aforelaid, orin the rendiHofi n. The record and proceedings of the plea whereof mention \s v;itldn made, with all things touching them, before the lord the king, wherefoever, l^c . at the day and place within contained I fer.i in a certain record to this writ annexed j and I have given no:itetothe within named IVilliam earl Clanrickard znA Helenh'is wile, that they be then there to proceed in the plea aforefaid, as I am wiihin commanded. The anfwcr of William Davis, rieni 287 t Error. Pleas before the lord the ling at the king's cnurt of Hillary term in the 36'// nr'fl ^Jt^ year cf the reign of our lord Charles the fecor.A, hy the grace 0/ Gort^ 5/ England, Scotland, France and Ireland king, defenders of the futh, &c. Witnefs William Dwvis. St:zu'ge and Pjfes. F.rrnr In K. B. 'TT^ ^ E lord the king hath lent to his trudy and beloved coun- \a Ireland. J^ \ that in the record and proceedings in the cniirt o^ the faid lord the late king, called the king's court in the kingdom of hel,iit4 aforefaid, by the writ of error of the frtid late lord the king re- moved and in the court of the lord James ihs feccnd the now king, called the king's court in his kirgdom cf Ireland t\ow re- maining, it appears that the judgment aforefaid inform aforefaid given, and fo as aforefaid removed by the court of the lord the now king, called the king's court, is in all things sfHrmed, when by the law of the land of the kingdom of Ireland aforefaid that judgment ought to have been reverfed, ifc. and prays that the court of the faid lord the king here may proceed to the examina- tion as well of the record and proceedings, as of the errors afore- faid ; and thnt the judgment aforefaid, for the errors aforefaid and others being in the record and proceedings aforefaid may be reverfed, annnll-rd and hcl.i as intirely void j and that the faid irHliam e&rl Clanrickarri, and the lady He/en his wife, to the errors aforefaid mav rejoin. And the f^id IFiHi.'m earl C/.vw;/ /<2rr/ and the lady //c-^/j his. In nullo ejl er- v.iff. as to the matiers aforefaid above U>t error afligned, fay ''<"■''* thar there is no error, neither in the record and proceedings aforefaid, nor in ihs rcndirion, nor in the affirmance of the ja '. gment ; and pray likewifc, that the court of the lord the king htT^ may proceed to the examination as well of the record and proceedings af'r; faid, as for thofe matters for error above alTr^ned, and that the judgment aforeHiid may be in all th'ngs rifiirmed, l!^c. And be.caufc the court of the faid lord, tlie king here will ad- vife b-rfcre they give judg-.nent of and upon the preniiflls, day therefore is given tothc parlies afor^^fai 1 before the lord the kliijr vvherefoevcr, isfc. to hear tlicir judgment iher^on, bccaultf, the court of the faid lord the king here thereof not yet, Cfc. I i 4 Reath i^ss: Error. t aS9 j Certiorari pray- td to the C. J. t'j ctrtity the Who rerti<;red, hath certified tp the faid lord the Icing at fi'V/hnin/Ier, that the rolls and other, memoranduais of the faid Trinity term in the cth year abovefsji.d, being in his cuflody of record, being fearche.l, he hath not yet found that the faid Thjmas Pryc hath any admiiTion of rtccrd to warrant his appear- ance for the faid Richard Read, othcrwife C^rjey, as his prochein amy agair.ft the faid Richard lVuldron\;f\ th.e faid plea; which faid v.'fir, together v/ith the return thereof, is fi'-d b<;tpre, the lord the king a- iVeJlminfter among the records without day c^; this term ; and he prays that the fudgin'ent aforclaid, for thofe errors and others being i:i the record and proceedings aforelaid Diay be revcrfcd, annulled and held as intirely void, and that he lite Error. the fald Richard IVaUron may be redored to all things that' he hath loft by rcafon of the judgment aforefaid ; and that the faid Richard Read, otherwile Co'-jey, to the errors aforefaid may re- join, y^C. And the faid Richard Read, otherwife Co-jey, by John Lilly his attorney comes and fays, that there is no error either in the record and proceedings aforefaid, or in the rendition of the ju(.^gment aforefaid, and prays, that the court of the faid lord the king now here may proceed to the cxaniination as well of the record and proceedings aforefaid, as of the niatters aforefaid above for error affigned, and that the judgmenX aforefaid may be in all things affirmed ; But becaufe the court.of the faid lord the king now here are not yet adviled to give their judgment of and upon the premifles, day therefore is given the parties afore- faid before the lord the king until from the day of Eajier in 15 days, wherefoever, ^r, to hear iheir judgment of and upon thofe premiiles, becaufe the court of the faid lord the king now here thereof not yet, Ifc. On which day before the lord the king at Wef.minjhr come the parties aforefaid by their attornies afore- faid : And becaufe it fcems neceffary and expedient to the court of the lord the king now here, before they proceed farther in tliis behalf, to be certified, whether there is any record of the admif- fion of the faid Thomas Prior to warrant his appearance as p-.o- chein amy (or the faid Richard Read, otherwife Covey, agaiiillthe faid Richard IVcddr on in the plea aforefaid, in the faid court of the faid lord the king and of the faid lady the late queen of the bench at WeJlminJler\r\xo\\^^ of record o\ Trinity term in the 5th year of the reign of the faid lord the now king and of the faid late queen, or not, Gco^geTrcby, k,nt. chief juftice of the faid lord the king ot the bench at We/iminfter afoiefaivi, is conimanded, that the records of admifllons of infants to profecute in the faid court of the bench by their /jw/^r/w amy of the faid Trinity term in the 5th year of the reign of the laid lord the nov/ king and of the faid late queen being fearched, and what he ilull find of the entry of that admiifion aforefaid, as fully and incirely as it re- mains before hiui, he certify to the faid lord the king, wherefo- evtr, ^c. without delay, together with the writ of the faid lord lue king to him therefore direded, i^c. Which faid George 'trtly, by virtue of the writ of the faid lord the king to him di- rtiftL-d, hath certified to the faid lord the king, that the records ofiheeniries of the admiluon of infants to profecute in the faid court of the bench of thp faid Trinity term in the 5fh7car of the reign of the faid lord the now king and of the faid late queen be- ing fearched, be hath found an eniry of record of a certain ad- niifflon of the faid T^ horn as Pryor to warrant his appearance a$ procf.cin airy of the faid Ric/^ard Read, otherwife Co'-jey, againft the faid Richard iValdion\n the plea afoiefaid, which Ibilov.sia fhefe words, to wit, Pleas inrolled at ife/Imir/ler before George Trtly, knt. and his companions, ji:fticcs of the lord the king and •f the Istdy the queen cf the bench, pf Ttir.itj term in the 5th ^28 In nullo ejtl (rratum. Another cer- tiorari awarded to inform the court. Note; this Was by rule of court, without which you cannot liave a eerlic- rari after iffnf joined. The certiirart rtturiicd v.ith the rcco'il "f the adiniMi«B> 2^9 1 Error. year of the reign of ilie lord IVilliam and the lady Mary, by the grace of God of En^lunJ, ScotlniJ, France and Ireland kin;^ and tjaeen, defender of the faith, y<:. Roll 1165. r \qo 1 AV.'-'('.'o7?, to wit, TT is grnined bv the court of the lord and J[ lad)' the now kin<^ and queen, that Thomas The admifEon. ^O"'' g^"^- '"'')' profecute for Richard Read, otherwife Oj^vey^ who is under ihe age of 21 years, as prochein amy of the laid Richard Read, otherwile C>vey, againft Richard iValdron in a ple,i of frefpafs, uflault and iniprifonmenr ; And htrcupon the faid Richaril IVuldten, as before, prays that the judgment atorefaid, for the errors atorefaid and others bjin.j in the record and pro- ceedings aforefaid, may be revoked, annulled and held as iniiccly • oid, and that he may be rctlored to al! things that he hath loll by reafan of tlie )U'igin<-'nt aforefai 1 : And bccaule the court of the I'aid lord the king now here are rot yet advifed to give their judgment of ar^J u!x>ii tiie preiiiid^is, day therefore is given to the parties aforefaid until vhercfoever, ^r, to hear their judgment o^ and upon the preniilTes, becauie the court of the laid lord the king now here thereof not yet, ^r. Afterivards ihe judgment ives njfirmccf. Burr and Atwood. Hill. 9 ^r. 3. Error brovght /"^ N which day before the lord the king at IFeflminJler comes ky the bail \^^ as well the laid "James Burr in his proper perfon, as the nu"'flie'd"as to ^''''^ John At-woorlhy his attorney aforefaid : Whereupon the writ the piincipal of error aforefaid being feen, a:id by the court here fully under- jutijru.:ut. ftoo.i, it is confidered, that the faid writ of error, as to the prin- cipal judgment aforefaid againft tii-^ faid defendant Drezvclt in the fame prii cipal judgment at the fuit of the faid plaintiff Jt- ivootl, be only quafh?d : but as to the faid joinder in error be- tween the faid James Burr and John Afwoody becaufe the court of the faid lord the king now here arc not yet advifed to give their judgment of and upon the nremiffes, day therefore is given to the faid James Burr and J^hn Aituood before the lord the kin?, if^c. Edwards and Lutirell. Error on s iui-ement in ^^J ^IMES the fecord, bv the grace of God oi Englaml, Scot- "k- B. in Ire J Icind, France and Ireland king, defender of the faith, Cffr. hni in the To our irufty and well beloved counfellor William Dav:s, knt. rcii^ii of 7. 2. our chief juliice alligned to hold pleas in our court before us in w, a p ca com- j^^j^^j greeting : B-'C3ufe in the record and proceedings of a »«ign uf C a. fctain plea which was in the court or our moit dear brother Charles the fecond, late king of England, fife before the late king biaifglf in Ireland, by b.ll, without the writ of the faid late king, Error. 209 Icing, between Nicholas lutlrell, plaintiff, and Richard EJ* •aariisy efq; defendant, in a certain plea of trefpafs and eject- ment, and alfo in therendiion of the judgment of the plea atore- faid, after the death of the fald late Ling in our court before us in Itelaml, as it is faid, manifeft error hath hnppened, to the great .damage of tlic faid RichtirJ, as by his complaint we have under- flood ; We willing the error, if any hath been, fliould be dulj correfted, and full and fpeedy juftice done to the parties afore- faid in this behalf, command you, that if judgment bs therein given, then the record and proceedings aforefaiil, with ail things touching them, to us under your fc-ai you diftin^lly and openly fend, and this writ, fo that we may have them on the o<5tave of the purification of the bleffed Mary, vvherefoever we Hiail then be in Erghtrni, that the record and proceedings aforelaid being infpefled, we may farther caufe to b? done therein to correct that error what of right jTiali be to be done ; and give notice to the faid Nicholas that he be then there to profecute in the plea aforefaid, and farther do and receive what our court before us in EngLmJ fli^ll conllJer in the premifTes. VVitr^efs ourfelf at IVeji- minjler i 8th day of Decembir in the til year of our reign. Allowed, The record and proceedings whereof mention is within made, The return with all things touching them, before the lord the king, where- soever, iTc. in a certain record to rhis writ annexed, I mod humbly fend ; and I have given notice to the within mentioned Nicholas Lutirell, that he be then ;here to profecucc, i^c. as I am within commanded. The anfvver of 11^. Davis. i 2^1 ] ^he earl of KiJdare and Shaen, hit, TJ/'IUiam the third, ^c To our tiufiv and well beloved coun- fcllcr Richard Pyne, lent, our chief jullice j-fTigned to hold pleas in our court before us in our k ng-'.oni of InlanJ, greeting : Becaufe in the record and proceedings and alio in the rendition f'fthe jii''g'tient of a plea which v.'as in the court of the lord C.hmles the fecond, late king of England, before the late king himfeif in the kingdom o^ Ireland, by bill between James Shaen, Vut his fuit in this behalf exp'-ndeil, whereof he is convicted ; wliich faid Wentiionh, earl of Kildare, and J.imfs Shafn,-dUet- v/ards died, as by the fus^gefl'on of Jo'in, now earl of A'/7(/,;»v, {oa and heir of th-j faid IVenrwotih, cail of Kildare, wc have un- dcrllood. Error bioiigtit 1 1 fi^. 3. by an heir ag«:nft aa adminiitrator on a judgment obtained againft the ancc!lor br the intfftafr in the K. n. in Ireland it the rcigQ of 7. i. i.r i Error. dcrflood, as it isfaid, maiiifeft error hatli happened, to thf great damage of him the faid John, now earl of KilJare, the faid fon and htirof the faid If'entzvort/i, late earl of Kildare, ns by hi^ complaint we have underflood ; W^ willing the error, if any hath been, fliould be duly correded, and full and fpecdy juflice done to the p-irtics albrefaid in this behalf, command you, that if judgment be therein given, then the record and proceedings of rhe plea aforcfaid with all tilings touching them, to us under your feal you difl;in<511y and openly fend, and this writ, fo that v/e may have them from the day of the Holy Trini/y in three veeks, wherefoever we fhall then be in EnglanJ, that the record and proceedings aforefaid being infpi iljled, we may farther caufe to be done therein to correift that error what of right fhall be to be done therein to correal that error what of right ihall be to be tlone; and give notice to Arthur Shaen, bart, adminiflrator of the goods and chattels which belonged to the faid James Shnen v.'ho died inteftate, as it is faid, that he be then there to proceed in the plea aforefaid,, and farther to do and receive what our f^id court fliall coiifider in the prcmilTes. Witncfs ourfelf ai H^ejl" vi'mjler the Sth day of May in the i jth year of our reign. Allowed R. Pjne. The record and proceedings of the plea whereof mention is within made, with all things touching them, before the lord the king, wherefoever, i^c. at the day and time within contained, 1 lend in a certain record to this writ annexed $ and I have given rotice to the within named Arthur Shaen, bart. that he be then there to proceed in the plea, as I am within commanded. So I anfwer R. Pyne. Hanmer and his wife and Jacob. Rrrorinajadg- cy^;„„, l^c. To our trufty and well beloved counfe-llor merit iii C, L. / ,,, ... t> • i . • r • n- n- 1^1 Ireland ton- *^ Ivdliam Da'utsy knt. our chief juftice alligned to hold pleas f'tre C. 1. and in our court before us in Ireland, greeting : Bscaufc fn the record affirmed i., the and proceedings, as alfo in the rendition of the judgment of a K. B. '.hete plea which was before John Keating, efq; and his companions, ^*' •'■ ' juiliccs of rhe lord Charles the fecond, late \i.mg oi Ens^land, Iffc. in the court of the faid late king, between Ed^oarJ Hunmer and Mary his wife, and Richard Jacob, late oiTullaghmore in Queen's county, gent, of a certain trefpafs on the cafe to the fame £,/- !af K^'d.-lefex h's other writ dole in thelc words, to wir, li'i.lti,m the in withernam. third by the grace of God of Evgland, Scotland, Frnnce and Ire- Lnl kiBiT, defender of the faith, ifc. To the flierifFof Mid- Jlt^jex, greeting: Whereas by our feveral writs we have often con.nirinded you, lh;'t yo'j Hiould juftly ard without delay caufe T/ior.os More ro be replevied, wht>tn Benjamin Gc,f.', ^ohn Dy'es an.i Dftniei M^atts, have taken, and taken detain, un!e!s he fliould be ;akcn by our fp'^cial command or Of our chief juftice, cr for the death of a man, or for our foreft, or for any oiher offence lor which according to the cuRom of England he is notreplegii- ble ; and whereas by our other writ we have coinirianded and firmly injoined yon, that you fiiould caufe the faid Tho-rias to be 'replevied according to the tenor of ^ur writs aforefaiJ to you be- fore for that purpofe directed, or you yourfilf fliouUl be before us from the Hay of St. Michael in three weeks laft pad, whercfo- [ 204 'J ever we fliould then be in Erg'and, to iliew why you have con- temned to execute our commands aforcfaid fo often to you there- fore direfted, and you at that day have returned to us, that the faid Thomas Mere, before the coming of that writ, was eloined by the above named Benjamin G §e, Jahn D^kes and Daniel Salk. 705; IValts, to places entirely unknown to you, fo that you could not replevy the faid Thotnas More according to the command of that writ: Therefore we command you, that you take in '«.'///7^".»;ert Kedirr, fervant of him the laid Jo- known took /?.^. unknown on the , 5th day of M.y in the , ^rh yenr of the l^,liJ,['^:,,y, reign of our lord the now king, at the panin of hhujtock in the county aforefaid in the king's highway there, and within tiie hundred of lUnV.r.gfjrd nforetaid, with force and arms on him the faid Robert Keeling did m^ke an r.fTault, and i 5 /. of lawful vnor\ey Cji Er.glar.d'in monies rumbcred (being the money of him (he laid Jofiiih CroA-/?// hismafter) did take, rob and carry awav, ao-airll: the peace of ihe faid lord the now king ; and the fame Ro- bert KeeUt'g, immediately after the robbery and felony aforefaid [ 296 ] c^mniiited, al S/.uJiock aforefaid ir ihe county aforefaid, which faid town is wiihin the hundred ci He mli n^f-jr J zi'on- fan] where ;he robbery aforefaid fo as aforefaid wi^s committed, iiue and cry of f^"'* *^^ "^'y the robbery aforefaid did make, and then and there nolice to the t7g^^";J"„ "'^" inhabitants of S/.uJI'.rk aforefaid of that robbery did give ; and 271:1.0. ij. after that robbery committed, and wiihin 20 day*, next before the § 11. day of the ifTu'm of the writ original of him the faid Jojiri/i, tlie Oath nniJe faid K.beit Keelhig, before Chfirles A.'Jcihy, km. one of the juf- l'"= ''^"'^'J' (ices of the fdd lord the kin^ affigned 10 prefcrve the peace in the countv of IVaritick, inhabulng at Umrjhall in the county of W'flviu/r/t aforcf;>id n'. ar the hund.rid of //fw//;r^/^o?^, anil near the faid place where that robbery was committed, was exnm''ncJ on his corporal oath accnnling to the form cf the ftniure at Weji- viinjler in the county of Mijlilefex in the zjlh year of the reign Vol. I. Kk of jc • g6 ' Hue and Cry. c^ ihc\z^y E!izn/>ttfi, late qi.'ecn of Englan/J, &c. thereof made aiii! provided ; and the Oune Robert on his oath alorefaid diiithcn ff.y, tha( he did not know the p uty that comniitttd (hat robbery, i, , . , and after that robbery coniiuiued 40 davs are now part : Nev.-r- Thit the inbi- , 1 ,- , , • , •' 1 1 • ■ 1 • '1 r • 1 t j 1 r '/ bitaauhave thciels the laid iiien,.inhabuants wiihin «hi.'laid hundred ot thm- i.v:re, and within the hundretl of He7?ilirgfrjrd ^iori:{-dh\, did make an afiauli, and 15/. of lawful money of i.nglanil\n monies num- btted, (being the inoncy of him the faid Jnftah Croxfll his maf- ter,) then and there found, felonioufly from the faid Robtrt look, robbed and carried away, againft the peace of the faid lord the now king, ^c. And the fime Robert, immediately aft^-r the felony »nd robbery aforefaid committed, at Shitjiock aforefaid in the counrv aforefaid, being v^ithin the faid hundred of Heml'mgfordy hue and cry of that robbery did luake, and then and there notice to the inhabitants of the fame tov^in of .S7/My?(j<:,(' of that robbery did give ; and after that robbery committed, and wiihin twenty days next before the day of the ilTuing of the writ original of him the faid J<.fia/'i, the fiid Fohert KeeliJ g h^U^rc Cluules AtLleriey^ kfit. one of the juflices of the faid lord the kingaffigned to pre- fervethe peace in the county aforefiid inhabiting at Hait./haU m the county aforefaid near the hundred of Hendivgfote/, and near the faid p!;:ce wh'-re that robbery was commirted, was cxnnfined on his corporal oath according to the form of the (latute at IFeJl- minfler in the county of Midlcfex in the 27th year of the reign of the lady E/iz/v/'f//?, late queen of Eugland, Ifc. thereof made and provided, and the fame Robert dn his oath aforefaid then faid, that he did not know the party that committed that robbery, and after that robbery committed lorty days are now paft ; Ncverthe- Icfs the fame men, inhabitants within the faid hundred of f?'i?/n- hrgf'.rd, amends for the robbery aforefaid conamitted to the faid Jofz.-.h have not yet made, nor the body of the felon and malefac- tor aforefaid have taken, nor for his body hitherto have anfwered, but that felon and malefadtor have pcrmiited to efcape,in contempt of the laid lord the now king, and to the great damage of him the faid Jofiuh, and againfl the form of the ftatute aTorefaid ; where- by the fame Jr-fiah fays that he is prejudiced, and hath daitiage to the value of %o I. And therefore he produces thefuit, t5c. And Hue and Cry. J 296 And ttie faid men, inhabitants within the hundred of Meviling' |^pt gu' ty- forJ aforefaid, by H. H. their attorney come and defend thefcrce i. SaunJ. lo and injury, when, ^c and whaifoever, fiff. and fay, that they are not guilty of the premifles ab"ve charged on them agiinft the form of the ftatute aforefai;:!, as the faid 'Jofuih, who as well, cfr. cbove agaiiift them complains : And of this they put ihcnifelves on the country ; And the faid Jefiuh, who as we'll, yc. of the neii^hbourhood of the faid hundred of Knighluve afor-cfaid, by whom, i^c. and who neither, l5c. to recognile, ^f. becaufe as well, fr. Pleas before the hrd the king nt Weftminfter of Hillary term in the yft and -i^zd year of the tei^n of the lord Charles the feconJy 0/" England, (^c, IVarivick, to wit/ H ^ H E jury between foftah Croxall, who as J^ well for the fame lord the king as for him- felf profecutcs, by his attorney, plaintiff, and the men inhabitants [ 297 within the hundred of Hemlln^frd in the 'county aforefaid in a pleq rf huP and cry, is refpiteit before the lord the king at M'^e/i- mi'^fler until from the day of Enfer in i 5 days, wherefot ver, tsff. urricls I he jnfti<.es of the lord the king alfii^ned to take adifes in the county aforelaid fhal! firfl coine on S/iiurduy the 20ih day of M.nch -ii IVaiiuiik in the county aforclaid, by the form of the llarute, l5c. for want of jurors, l^c. Therefore let rhe fli?r:/f have tiie bodies, i^c. 1 he i'ame day is given to the parties at'ore* fnid, th.re, i^c. And be it known, that rhe writ of the lord the king th'e- i" t'^c county aforefaid, yeoman, in a plea why he took the cat- viii. tie, goods and chattels of h;m the faid Roherty and ihein unjuftly had detained aqr.inft furety and pledges, i^c. And whereon the fam.' Robert by Chrijlopher Wtrris his attorney then complained, that the f?iid Htnry on the 26rh day of Septeniher in the 7th year of the rei?n of the lord I'Killiam the third, now king of Englar.d, tyc. at the parifli of Enjitld aforefaid, in a certain place there called Enfield Hills had taken the cattle, goods and chattels of him the faid Rcdert, to wit, nine cows, one bull, 5 calves. One great brafs copper, 20 quar'.s of wheat, two bufiiels of v/heaf threHied,. 60 quarters of oats, 30 load of hay, foi;r car.'s, one wain, two ploughs and 30 load of oats, and them unjuflly had cietained againfl furety and pledges until, Cfc. v/here-' b/ the faid Robert then faid that he was pr.jiuiiced, and had da- mage to the value of 40/- And therefore he th.vn produced the fuit, CJ'r. And the faid Henry by C. D. hi? attorney then came Cpn'jfar.cs as a"<^ defended the force and injury when, £sv. and as bailiff of biiliff. Ra'f>^ earl of Mountague and Elizubeth his wife well acknow- ledged the taking of the cat;Ie, goods and chattels aforefaid in the Information. 293 the faid place in whicli, bV. and juftly, ^V. Becaufe he then c. Dukeof yf/- faid that long before the faiJ tiiue of the taking of the cattle, ^c'r/.-.w/f leifcd goods and chattels aforcfaid, Chrijloj.her \iK^ Avkz ox Aihermfn-le in fee» and dr- ill his life-time was feifed in his deincfne as of fee of and in one ^-^-^ '"J" •^* mcfluage and 377 acres of land with the appurtenances in the faid parilli o^ t.rf.eljy and in the pariih of Ejinonion in the coun- ty of MiJJlefex, whereof the faid place called EnfieU Hills in which, ^c. then was, and the fa'd lime when, l^c. and alfo for time inunemorial had been parcel; and being fo thereof feifed the faid di;ke before the faid time when, l^fc. to wit. on the ill day of Ncrember in the year of the Lord 1678, at £n,^<.%'Jaforefaid had demifed to John Bathurji, efq; the tenenients aforcfaid with the appurtenances whereof, tff. by the name of all that te- nement, and the barns and ftabiff£ thereto belonging, and all thofs 209 acres O: land, inore or lefs, fi^uate, lying and being in the pariHies of /T/'/wor/o'z and £;yzWi, then late in the pofT-fTion of captain Prtj^.JjelJ ihcn lately deceafed ; andt.H thofe 40 acres of land, more or lefs, fiiuate, lying and being in the pp.rifli of En- 1 f:eL-I or Ed'nmton, laie in the polUfiion of F-nch V/aters liien lately dereafed j and alfo all thofe 48 acres ol land, more or K-fs, fruaie, lying and being in the pirifli oi EJ/zion/'n cr Er^elJ, thtii late in the poHlffian of Rihert Brovon j all which faid prennlTes were part and parcel of a park called Evf^e/J p^ixk ; rxcepr and al- £,tc«p'i-n cf ways r.ferved out of the laid deiuife to the faid Oi ijlophcr duke timber. o\ A!bermaile, his heirs and nlligns, all timber-trees then land- ing, growing or being, or which at any tiine then after inoulJ be ftanding, growing or being in or upon the faid deniifed pre- iniifes, or in or upon any part or parcel thereof together with free liberty, fuil pov/er and authority for the (axxxz Chriftcfh,:r duke of Jlbermrnle, his heirs and aihgns, for ibemkdves and ihe'r frient's and ftrvants, or witliout, in his or their company from time to time and at all times during the faid term, with or without Lorfcs, hawks or hounds, Ht his and their wdl and pleafure, to hunt and hawk in 1 he faid demifed premilTcs crany part thereof, at open and feafonsble times, he or they doing as little hurt and damage to the corn and fences there as they conv.niently could;' To have and to ho hi the tenements aforjfaii with the appurte- Tb.tl-ietl'- nancts as aforefai 1 deniifed, wher'.of, i^fc 10 the laid Jf'm B.i- th'it/}, his cxerurors, ar'mipiftr2''ors and alfigns, from the feaft cf Sf. Michael the archangel then laft pr.ft tor and during the term of 21 years from iht-nce next cnfuing, and fidly to becom- pleatand ended ; Yielding and paying therefore yearly and every year during the faid tcnn to the faid late dbke, his h«-i.s or af- fign*. at or in the dwclling-hoiifc of ihe faid duke, commonly CilieJ or known by the name ot /ilberniftrle hiufe, fituate, Ivinij anil being near a p'ace called St. 'fumtsWcx the county of MiJ- t'llefcXy or into the hands of the faid dike's receiver for the litne bi'ing, the yearly rent of i 40^ of lawful money of tv.gUm.l, at the feall of the Annnnciaiit.n of the bh (I'd virgin Mnty wnd St. y^^^ cnfryof il-Vc// cognizance aforelaid above nv. ntioned, and that the faid place in which, Ifc. then wss, and frcn) linie wher^ot, Izc. and alio for all the time abovefaid, had been thereof pucel ; and that the fame duke, before the faid time when, i3c. to wit, on the faid ift day of NiTJember 1678 abovefaid, had deniifed 16 the faid John Bnthwjl ilie tenements aforelaid above fpecified under the yearly rent atorefaid in the fail cognizance mentioned, and that by \i)iueof that den;ife the f^id Jo/^n into the tenements afortfaid v.'i'h the appurtenances, v/hcreof, ^c. to him as aforefaid de- niifed, had entered and been thereof pcfTlTed, the reverfion thereof to the faid duke, his heirs and fcAi^ns belonging, as by that cog- and pleads a rizance above was fuppofed ; but the fuiie Robeit farther faid, t'>nvcyancc by that the faid John being fo thereof poflclTrd, the rcverfion thereof ."i"" ^* "' . in form aforefaid belonging, the fame duke in h's lifertime, and ' bc'ore the faid time when, ^r. to wit, on the 15th day of Jn/y i6Sf, at EnJjeU aforetaid, by his certain indenture thesi made between the faid late duke, by the name of the mod honourable C/niJl ,phcr, duke of Albennmle, earl oi Torrington, baron Monk ot Pot/ieri^ge, BemnAiif};p and Tens, knight of the mofc honour- able order of the garter, and one of the lords of the privy council of the then king, on the one part, and the moit honourable Htnry duke of Ne-wcnjlle, the n)oil; honouraole John enrl of i?i ear! of Bath, Bernunl Grenz'ile" JVal" ter Clarges znd Th'jmas Stringer, to the fame duke in hand p lid, had hzxiT.ntd. and fold to the fiid duk • of Ni-'ju-c.-j/Ue, earl of B,n/., B rfind Gren^ile, IValler Cin'ges and Thimos Siri'ger, thur executors and adminidrators, (among other things) the rrvrr- fion of the tenemeniSi aforefaid, whereof, i^c. 'I o have and to hold to them from thenceforth umo the full end and term of one wliole year from thtnce next enfuing, fully to be compleat and ended, as by the faid i.uleniurc (among other things) wastlun n>orefu11v n;anifeftand did appear ; by viriue ol whieh laid bar- gain and fale, and by force of the ftatute for transferring ufs into pofT ffion, thev the faid tluke of Ne-waiJiU, earl of Hut't, Berna d (it er.vile, IValter C.larges anil Thonuis Snirger, were -/-*•• pcITeired of the reverfion of the tenem-nis afuniaid with the tppurtenanccs whereof, L'^f. lor the fuiil l.rmio ih-m as wis aforefaid bargained and fold ; and being fo thereof poli'>ni;d, and the faid J'jhn Ba'.hurjl of the tenements aforefaid with the appur- tenance, v;hereof, e £• in form af)relaid bring pt ladled, the re- verfion thereof to the f;iuic laie I'likc of Alhei ui.uU and his heirs K k J. bwloiiging, 209 I Information. belonging, he the fame duke of y^lberviarle afterwards in his life-time, to wit, on the 26th day oVJiily i6b"i abovcfai«!, at En- fitUl afortfaid, by his certain indenture ihen and there made be- tween him the faid duke ol Albermarle of the one p-irr, and the faid duke of Ne^vcalUe, John carl of Bulk, Bcrr.aid Gieti'vi/c, Water a.irges and thomtis Stringer, of the other part, one part of v.'hicli faid indenture fcaled with the feal of the laid late duke o'i Jlkcnud) le lh.s i3\..\ Rderi therein court then produced, the date wherecf was the lame dsy and year hifl: mentioned, for the natural love and affcfUon which the lame late duke ol AlbermarU had for the faid Jo^^/i Earl of 5«//7, his kir.fiiian on his father's fide, had relcafcd to the faid duke of Neivc(jJ!/e, Jo/in earl of Bath, Bernard Grennjile, IVaher Clarges and Thomas Stringer, To the fc of and, their heirs, the reverfion of the tenements aforefaid with the himicrlf in tail appurtcnanccs, whereof, Ifc. To have and to hold the reverfion the lemaindcr of thofe tenements with the appurtenances whereof, Is'c. to the rUnf fee^ faid duke of Neivcoflh; John earl of Bath, Bernard Gren'vile, ^j, .'111 ee, i,fr^,/ter Clarges and Thomas Stringer, and their heirs, to the ufc of the faid duke oi Aibermnrle and the heirs of his body lavv- fuUy begotten j and for want of fuch iffue to the i:fe of the faid earl ot Bath and his heirs lor ever, as by the fame indenture (among other things) was then more fully manifefl and did ap- pear ; and by rcafon thereof the faid duke of Aihermarle was f..ifedof and in the reverfion of the tenements aforefaid with the appurtenances whereof, l^c. in his denicfne as of fee-tail, to wit, to him and to the heirs of his body lawfully begotten, the remain- [ 300. ] der thereof to the faid earl of Bath, and his heirs belonging; and fo being thereof feifcd, the remainder thereof in form afore- faid belonging, and the faid John Buihurjl of the tenements cforefaid vvith the appurtenances in form aforefaid being pol- ftffed, the fame duke of y^/^dTWrtr/^ afterwards, and before the and died with- faid time when, l^c to wit, on the ill day of May in the firft ^cut iiTuc. yg3r pf the reign of the lord the now king and of the lady 'Mary late queen of England, at E«/?c-/^ afrrefaid died, without heir of his body begotten, and of fuch his eitate of and in his rtvcrfion aforefaid with th« appurtenances feifed, whereby the laid earl had been and then was feifed of the reverfion of the te- nements nforeiaid with the appurtenances whereof, l$c, in his denufne as of fee ; Without that, that the (aid ChriJloid,tr,\z\.Q Abj,jut /.oc,thit ^yj^g jjf Allermaile, died of the reverfion of the tenements afore- l^ued"inVe"'*^ ^*'-^ ^'''^ ''^^ appurtenances whereof, ^c. feifed in his demefne gsoffee, in manner and form as the faid Henry by ihe cogni- fance aforefaid ab^ve had alle'dgcd: And that he was then ready io\\t\\'f,t^c. Wherefore for that the faid Henry, the taking of the cattle, goods and chattels aforefaiil in the faid place in which» &/r', had above arkhowledged, the fame Robert theo prayed }V:^?iTient and his daiuao_es by reafun of the taking and unjuftly 'lietzinin^of rhe cartels goods and chattels aforefaid, to be ad- '""' on t.a yr^,tTe^ ,G him,' iS^c. Ar'/t>.e faid Bcnry as b.^fore then faid, that ^■*'"' *"" ili^Taid Chrili'a^heri \^e^\iks,oi Albamurlt, died feifed to him- Information. ZOO felf and liis heirs of the rcverfion of the tenements aforefaid v,'nh the appurtenances, whereof, £5c. in manner and form as the fame tlenrv by his cognifance aforefaid above had alledged, to wit, at the parilTi of Enfeld aforefaid in the county aforefaid ; And of iliat he then put himfch' on the country : And the faij Eobert likewife ; On which faid ilTae between the parties afore- faid, fo as aforefaid joined, it was in fuch manner proceeded, that afterwards, to wit, on the 17th day of July in the 8ih year of the reign of the faid lord the now king, at JVtJlminjier aforefaid in the faid coi-.nty of MiddUfiX, in the faid court of the faid lord the king before the faid George Treby, knt. and his then Cv^m- panions, jufticesof the faid lord the king of the bench aforefaid there the illue aforefaid by a certain jury of the county in that behalf lawfully impanelled, and returned and fworn, was tried, £s by the record and proceedings aforefaid in the faid court of the bench aforefaid at IVeftminJier aforefaid reniaiaing niore^fully appears j and that on the faid trial by certain witncffes then and thereon the behalf of the faid Robert Rickards the plaintiff in the caufe aforeiaid produced, and then and there duly fworn, ic was then and there givgn in evidence to the jurors of that jurv, that the faid indentures of bsrgain and fale and releafe, bearing date the I 5th and i6j:h days of ";''6''" '^^ 7^^'" C'f ^^^Lord 1681, had been fealcd and delivered by the faid lace duke of Alhermarle on or about the times of the dates of the fiiid indentures at tiie then dwelling-houfe of him the faid late duke 0^ Albermarle, coai- mcnly called or known by the name of Alhermurle hoitfe, which faid houfe on the faid 16th day of Jidy in that year was fituxte in the parilli of St. Martin in the Fields in the county of Mid dlefex aforefaid ; and that one John Copplejlon^ lent, at the times of the fealing and delivery of thofe indentures was prefent in that houfe with the faid duke of Albetmarle, and was a witnefs to the fealing and delivery of the fame : And farther the faid coroner and attorney of the faid lord the king for the fame lord the king gives the court here to underftand and be informed, that then at the trial, to wit, on the faid 17th day oijuly in the 8th year of the reign of the faid lord the now king abovefaid, at IVelbr.ir.- Jier afortfaid in tlie faid county oi Middle/ex, in the faid court of the faid lord the king before the fame jullices of ihe f,.iJ lord the king of the bc-nch aforefaid there one IVitlidm Cjpple/lon, late of was produced a witnefs on the behalf of the faid /Awy Ccrnefcrt/i the defendant in the caufe albrcfaiJ, and then and there v/as fworn on the Holy Evangeiifts to fay the truth, flie whole iruih, and nothing but the truth, of and in the prcinilils in the iflue between the panics aforefaid, in manner and form aforefaid put; and that the fame /F;7//V;m Cjpplejiottf not hav- The aflignmcot iog God b'fcre his eyes, but being moved and feduced by the oiihe jjcijurf. inllijraiion ol the tievil, then and there by his own proper &€{ and ronleni falfcly and malicioufly, voluntarily andcoirupllv on his oaih aforefaid faid, depof d, fwore, and 10 riic jurors of llie jury afortfa'd of and concerning the fdid yc-Z/H Cofflejian in evidence give 300 + r 30^ I Arermenis. And fo be vo- luatarily com- rnitted peijury. Information. gave that lie (meaning him the faid If'illiiwi Copphdot:) was with John Copf>Ufton, knt. (meaning the faid Jihn Copdeiion, knt.) at Canntngton (meaning a certain place called Cunnin!;i^ton in the county oi Sjmetfet) in July 81, (meaning the month of July in the year of the Lf>rd 168' abovefaiJ,) and that he (a'^nin nuaning him the faid IVilliam CoplJeJlon) was with John Cop- fhlon, knt. Tagain meaning the fame John Copphjlon, knr.) at Cun'iingt')n, (again meaning Cf/;.'f;//7^/n« aforefaid) in July i68t, (meaning the fame month of July i'l that year,) and that he (again meaning himfelt the fame William Copplefton) was with John Copplejhn, knt. (meaning the faid John Copplellon, knt.) in the month of jw/y in the year of the Lord 1681, when in truth and in faft the faid John CoppleJlo'Ty knt. was not at Crm- n:ngton aforefaid in the faid county oi Somerfet in the faid month oi July in the year of the Lord 1681 abovefaid, and when in truth and in fa6l the faid fVilli/im Coppleflo s was not wiih the faid John Cipplejlon, knt. at Cnnr.ington arorefiid in the faid mnnth of July in the year of the lord 1681 abovefaid, as the fame JViUia7n Cupphjlon on his oath aforefaid falfely, malicioiifly and voluntarily, and corruptly faid, dcpofed, fwore, and to the ju- rors of the jury aforefaid in evidence gave; and when in truth and in fa£t the faid John Copplejhn, knt. v/as not at Canningim aforefaid at any time whatever in the fame month of July in that year; and when in truth and in faft the faid John Copplejlon, knt. during the whole faid month of July in the year of the Lord 1 681 abovefaid did inhabit at ITeJlminJler aforefaid in the county of MichiUfex aforefaid ; and fo the fame coroner and attorney of 'he laid lord the king for the fame lord the king fays, that f lie faid Will' am Opphjhn on the faid 17th day of Jvly in the 8rh year of the faid lord the now king abovefaid, at Weftminjler aforefaid in the faid county of MiddUfex in the faid court of the faid lord the king of the bench there, before the faid juftices of the fame lord the king of the bench aforefaid, bv his proper aft and confent, and from his own wicked intention in manner and form aforefaid falfely, malicioufiv, voluntarily and corruptly, on his oath aforefaid voluntarilv and corri:pily committed perjurv, to the great difpleafure of Almighty God, in contempt of the faid lord the now king and his Iav,s, to the bad and pernicious example of all others in fuch cafe offending, and againtt the peace of the lord the now king, his crown and dignity, ISc. Wherefore the fame coroner and attorney of the faid lord the king for the fame lord the king prays the advice of the court herein thr premifTes, and due p''Ocefs of law againfl; him the faid IVilliam CoppL flon-\n this behalf to be made, toanfwer to the faid lord the king of and in the premiiHs, l^c. After a i'-,lidf',r the king judgment ivas arrejied, bscaufe Cannington luas not by the defend'ir.t on his oath Jxnsrn to be Cannington in the county of Somcrlet, but Cannington only, and the Information* $oi the countj) of Some) Cet ivas brought into the informnllon ivUh <7f/ intiuendo: But ajterxuards in purlimneiit ufon a lurit of error \z Mnrch 1697 the juJg'iier.t ixias reverfed. The Attorney general againft Peckham and others. Kent, to wit. T^ E it reniember'd, tbat Thomas Trevor, knt. at- ^n infcTmatioa JQ> tor;i>^y general of tlie lord the now king, who forar'iot againft for the fame lore the king in this behalf profecures, in his proper ihurj} in the county aforefaid, labourer, Walter PVoodgnte, late of Radleafe in the county aforefaid, l.ibourer, and Charles Ellis, late of Penhurji aforefaid in the county aforefaid labourer, on the loth day of Augujl in C.xc io;h year of the reign of our lord ff^illiam the third, {f'f. v.ith force and arms, to wit, with pillols and fwords at Ajlesfrd in the county aforefaid did unlaw'ully meet together and afftinble themfelvcs to difturb the peace of the faid lord the king, and being then and there fo met together and af- fenibled, the park of Joh>! Bunks, bart. there, in which deer ihea and long before were kept, then and there with the force and arms aforefaid unlawfully broke and entered, and in and upon Euivard Bujh, fjhn Cuiill, Richard Hodges and John Fletcher, then the fervants of the laid John Banks, bart. and in the peace of God and of the faid lord the king then and there being, then and there with the force and arms aforefaid made an allault and an aftray, and them the faid E. B. J. C. R. H. and J. F. then and there with force and arms, i^c. did unlawfully beat, wound and abufe, fo that their lives were greatly defpaired of, and the pales of the park aforefaid, being the fence of the fame park, then and there with force ami arms did unlawfully break, throw down and fpoil, and other outrages on the fame J. Banks, bart. E. B. J. C. R. H. and J. F. then and there with the force and arms aforefaid did unlawfully commit, to the' great tlamage of them the fiid J. Bank., bart. E. B. J. C. R. H. and J. F. i.i conrempt of the laid lord the now king and his laws, to the bad and pernicious example of all others in fuch cafe offending, and againft the peace of the faid lord the now king, his crown and dignity, tTf. Wherefore the fume attorney general of the (aid lord the now king for the fame lord the king prays the advice of the court here in the prcm'.fies, and due proccfs of law againll the faid Tobias /-'. Walter W. Niiholas C. and Charles Fllis in this behalf to be made, to anfwer to the faid lord the king in the preiniflcs, l^c. Bnnkt, 302 Infromatlon. Banks, hart, againfl Peckham and others. '■' ^^ Tf/'UIiam ^c. To IVillinm T-wifden, hart. Philip Boreler, hurt on- i. LeonnrJ, bart, J. IVillitmfony kut. C. Bicherjiaffe, knt. A Certliraii remove a cor vfdion of deer- ^^ Lattihaiut, cfq; j. /^^r/'fr, eiq; JVillium Selhy, efq ; ancTT/zowrtj (tct^cig ou 3^ £////£., efq; keepers of our peace, anc' our jufciccs afiigned to hear and determine divers felonies, trcipaffes and other niifdeineanors in our county oi Kent, and every of them, greeting: Being vi^il- ]ing for certain reafons to be ceriified of the record of convdion of Reginald Peckham the elder, for certain trefpafTes againft the form of the flatute made For the more e^edual tlifco'very and fv.rdfhment of d'er-Jiealersy whereof before you he is convifted, (p.s It is faid) before us by you to be ftnt ; We command you and every of you, that the record of the conviflion aforcfai*!, Avith all things touching it, as lully and intirely as it now re- mains before you, by whatever name the faid Reginald may be called in the fame, before us under your or one of your feals, from the day of St. Michael in three weeks, wherefoever we fhall then be \n England, you or one of you fend, together with Praft. Reg. this writ, that we may farther caufe to be done therein what of 3'*« ri^ht and according to the law and cuftomofour kingdom of T.ngland we fliall fee to be done. Witnefs J. Holt, knt. at Wejiminfier\\i^ I ft day oijuly in the 8th year cf our reign. ^Jhy. Til c return of Kent, lo ml. "Vy^ it remembered, that othervrife, to wit, on the conviaioii. J^ the 5th day of September in the yth year of the reign of our lord IVitliam the third by the grace of God of Er.glarJ, Scotland, France and Ireland kin:/, defender of the faith, Iffc. at M tidjlone in the county of Kent, before Humphty Miller, bart. PhilipBoteler, bart. and T. Bliffe, efq; then and yet ihejufticesof the faid lord the king alFigned to keep his peace in the county afcrefaid, as alfo affigned !o hear and deter- mine divers felonies, trefpafll's and other mifdemeanors coin- miaed in the fsme county, on the inforn)ation of John Bunks, eent. and on the oath of Edzvard Bv/h, of the parilli o'i Shore- "liitch in the county of Middle fex crirpenter, (being a credible v^irnefs) one Reginald Peckham the younger, of //-''; o/.r//.7 in the county" of Ker.i aforefaid, gent. George Herbert of Tonhrid^e in the county aforefaid, genr. Charles Farmer oi Rothai field \n\hz county of Su[Jcx, gent. Nicholas Copper of Igtham in the coimry of AV«r aforefaid, yeoman, ^c duly and according to the form of the ftatute in that cafe made and provided, were convicted, and each of them was convided by the juft'c:s aforefaid, for this, that the faid R. Peckham, G. Herhert, C, Farmer, N. Copper^ E. Chambers and E. Garret, on the 14th day of Jugu/l \n (he yth year abovcfaid, about the ift hour in the night of the fame day, with force and ar.T.s, iffc. at y^jlesford in the county afore- faid, Information. J "^ca faid, in the park of John Banks of Aylesford afcrcfair?, bnrt. there (iruate, lying and being, (and then being the park and foil in which failow-ueer then and there before were iiluaiiy kept, and then were kept,^ four fallow-deer of the faid John BanLs, barr. with certain grey-hounds unlav;fully and iinjurtly h:id hunted, chafed, taken, killed and carried away, without the corrcnf of the faid Jo /i« Barks, birt. (then and yet ov/ner and polT-lTjr of the park and deer aforefaid,) or any other perfon intrutled with the cuftody tlurcof, againft the form of the fcaru;e in fuch cafe made and provided ; and farther then and there it was confidered and adjudged by the juflices aforefaid, that ihey the faid Reginald Peckhamy G. Herbert, Charles Farmer, Nicholas Copper, EJzv.rrJ Chnmbers and Edieani Garret, according to the form of the fla- tute aforefaid, ibould forfeit and each of them feparitely fliouLl forfeit the fum of 120 /. for his ofenc; aforefaid, to wit, the funi of 30 /. for every deer of the faid four deer fo as aforefaid hunted, chafed, killed and tak?n away, one third pare thereof to be ^iveu to the informer aforefaid, another t'lird p:irt to the ufe of the poor of the pariili of Aylesford aforeiaid, in which pariilx the Oitence aforefaid was committed, and the other third part to the laid J'^hn Banks, bart. the owner of the deer aforefaid, as by the conviftion and judgment aforefaid by thcj'jllices sforcfaid ended ami given, and in the hands of the faid juftices remaining, morj fully is manifeft and appears : And now, to viit, on Thurjday the i3rh day 01 Augujl in the 8th year of the reign of the faid lord the now king, at Tonbridge in the county of Kent ai'bre- faid, the faid John Banks of A. aforefaid in the county afore- faid, gent, and the faid Edivard Bv/h in their proper pcr- fons come before us William Tivifdcn, bart. Philip Boteler, bart, Cfff. and others our companions, juilices of the faid lord the king afTigned to preferve his peace in the county afore- faid, and alfo to hear and determine divers ftlonies, trefpaffes and other niifdemcanors in the fame county committed; and the faid Jdtn Banks, gent, gives us the faid jurtices to un- [ I'^'i ] derftand and be informed, that Reginald Pec kham the elder, of IVrotham in the county of Kent afoiefaid cfqj on the faid 14th d^yof J^'gu/f in the 7th year of the reig-nof the faid lord the now king abovefuivl, at y^/fx/er^' aforefaid in the county of Kent af re- faid, wiih force and arms, ^r. was aiding and alhlling to (hem the faid Reginald PeelJiam the younger, Geo.ge lUrbtrt, ilfc. in the uniav-iul and unjuft hunting, chafing, taking, killing, 'woundin:^ and carrying av.'ay of the fcdd fourdcersfo as aforefaid, in the faid park of the faid John Bwiks, barf, hunted, chaff.!, taken, killed, v/oundcd and carried away, againll the form of the ftatute aforefaid ; and hereupon the faid Edv.nrd Uu/h, (being % credible witnefs) bc'ore us tbc faid jjlliccs lad men'.ioned, now here takes his corpf^ril oath on the Holy Gofpel of (Jod tottll the truth of and upon the prcmifRs to usthc faid irHti.m TwifJent Philip Boteler, ^sfc. here having power and aiithoriiv to adiui- niftcr an oath to the fame Edivard Uujh in this behalf, and here bzing The informa- tioQ. 303 Information. being fworn !)C the fuiJ EJzvard Ba/k on bis oath aforcfaid fays, tiepolcs ani'\ fwcHrs, that the faiil Rt^inahl Peckham the eUler, of li rot ham atcrctaidin the countyof Kent, efq; on the laid 14th day ol" A-.'gufi in the 7th year of the rtign of thefaiJ lord the tiow king abovelaid, at y'/y/^ .v/o» Bjtelcr, l^c. the jultices aforefaid, on the citation and hearing of the faid Reginald Peckham the elder, that the faid Reginald Ptck- ham the elder, on the premiilc's above on him as aforeaid charged by the tetliniony of ihe faid EJivatd Bu/h (a credible v;iftiefs on his oarh alorefaiti,) before us the faid juflices, is convi^ed ac- cording to the form of the ftatute in fuch cafe made and provided (he the faid Reginald Peckham the elder being duly profecufcd tor the ofFeuce atorefaid within \z months after the faft com- miitcd,) and that the faid Reginald Peckham the elder do forfeit the fum of 1 20 /. for his offence aforefaid, to wit, the fum of ■y^oL tor every deer of the faid four deers fo as aforefaid hunted, taken, killed and carried away, one third part of the faid fumof tao/. to be given iojjhn Banks, gt;nt. the informer aforefaid, one other third part of the faid fum of 120/. to the ufc of the poor of the parifli of AyUffard aforefaid, in which parifli the offence aforefaid was commltied, and one other third part of the faid fu:ii ot 120/. to the fiiid 'Jnhn Bunks, bart. the owner of the park and iiee^r aforefaid, according to the form of the ftatute aforefaid. In wit- nefs whereof we the faid juftices lafk mentioned to this our re- cord have fet our hands and fcals, at Tonbridgf atorelaid m the county of Kent aforefaid, the faid i sjrh dav ot Augufi in the 8th year of the reign of the faid lord the now king abovelaid, and in * the year of the Lord 1696. JViiliaiJi Tivifden, Philip Bottler, lit p hen Lsonaid, Halfey againft Hope, Information for Mic!d\ to wit, ^OHN Halfry, who as well for the lord the er.c:cifing the J king as for hinifelf in this bshalf profecutes, trade of a comes here into the court ol the faid lord rhe king at the general kiewer. quartcr-f. (Tions of the peace of the faid lord the king held for the ilo^b'^Ti?! <^o""fy ^f" ^^'^^^''^^ =»f '^'^'^•^'^ f^"^^' '" fhe parini of day in the id vcarof the reign of the lord G.'orge, now king of Great Britain, ^c. before and others thc-ir. companions, juftices of the faid lord the king aflTigned to preferve the peace in the count/ Inquifition. J 303 county aforefaid, and alfo to hear and determine divers felonies, trefpafl'es and other inifdemeanors conuniucd in the fame county, and as well tor the fuid lord the king as for hinifelf gives the ' court here to uncerftand and be informed, that Ar.dreiv Hojeoi the pariili of St. Martin in the Fields in the county ot' MiJdlefex aforefaidjOn the 2d day of Auguji in the year of the Lord 1714, at the par.ili aforefaid in the county alorefaid, and for the fpace of fix months then next following, for his own proper gain vo- luntarily ufed, exercifed and occupied the art, mylltiy or manual occupation of a brewer, being an art, rnvflery or manual occupa- tion ufed in England at the time of the making of the lldtute in inch cafe made and provided, in which (aid art, myftery or ma- nual occupation he the fame Andreiu was not brought up as an apprentice for the fpace of fcvcn years, againft the form of the ftatutein fuch cafe made and provl,led, whereby the fame Andrevu forfeited and loft 12/. to wit, 40 i. for every month the fame An- dreixj Hcpe(oa.s atorefaid ufed, exercifed and occupied the art, myftery or manual occupation ot a brewer aforefaid : Whereoa the fame Jy/in Htd/ey, who as well for the faid lord the king as for himfelf in this behalf profecutes, prays the advice of the court here in the premilTes, and due procefs of law againft the faid Andreiv Hope in this behalf to be made, and that the faid An- 5 E'- c- 4' § dre'w Hope may forfeit and lofe for his oftcnces aforefaid, ^l' ■. to wit, 40 s. for every month aforefaid ; and that he the fame t 3 4 J John hlalfey, who as well for the faid lord the king as for him- lelt in this behalf profecutes, may have a moiety of the forfeitures aforefaid, according to the form of the flatute aforefaid in fuch Seflk. 39. cafe made and provided, and alfo that the faid Andreiv Hope may come here into court to anfv/er of and upon the prcmifles. Inquifition. The King againft The Lord Griffin. TJ/'llliam the third, feV. To our trufty and well beloved John A commifllon IVinll'm, Richard BulLr the eld.r, Edtvn: d Brom.'ge, John a I'ul men of the city aforefaid, and other ways, methods and ntcans Vv'hereby they ih.ill or may better know, as well within liberties as witliout, of all treafoiis, mifprifiorjs of treafon and conceal- ments of treafon againft us out of this kingdom of Er^/nnJ wherefoever, by whcmfoevcr and howfoever had, c'one, perpe- trated or comnsitted, according to the form of the ftatute in the parlian;ent of the lord Heivy the eighth, bte king of Enghif:,-/, ^c. -' H. 3. c. %' in the 35th year of his reign held at iVeJlmirJier, made and pro- vided, and the fame treafoiis and other the premiflcs (for that time) to hear and determine, according to the law and cuftom of our kingdom oi' EtiglaneJ, affigned, by the oath of /tl^i/in Beyer, John Jlf(jore (reciting the 1 eft of ihe ■jufcrs) good and lawful men of the city of Lorjdon aforefaid, being fworn and charged to inquire for us for the body of the city aforefaid, it was prefented. That whereas a war open and notcrioufly publick between us and Le'ujii the French king long was and yet is, during which time the faid Leivis the French king, and tis fubjeOs were and yet are adverfaries and encn)ies to us and our fubjccls, one Charles carl of MidJkton, late of London, Edivnrd lord Griffin, late of I '?'^5 3 Eondon, Roger Palmer, ]:'ls oi Eondorr,.;mifies, the holy gofp-'l being by them firft touched^ before you or any three or more of you, on their oailis corporally to be taken ('.iiigently to examine, and their examinations to receive, and in writing in parchment to reduce, left this our p cfcnt eommand fli"'uld remain farther to be executed : We give moreover to all and fingular m::yors, flieiilfs. bailiff';, con- It ibles, and all other our cfHcers, minift-rs and fubjefts whom- foever by the tenor of thffe prefents flriflly 'n command, that you and every of you in the execution of the premiifes they ob- l'crve,oboy and attend, as it behoveih. In wiint-fs whereof thcfe our letters we have caufed to be made patent \^ iinefs curfelf at IVtJlviir.fler : 5th day of Mareh in the r.infh year of our rei^n. Trevor Dazviing, by v/arrant of the aticrnev peneral. The execution of this commifHon appears in a certain irPuTi- tion to the comm-illon annexed. J(//in CUrJan, Jo'in Radjordf Charles Pultneyy Jjhn Bradford, An inquifinon indented, fak:n at the fgn of the Cco-'pe in The in^]iflt.icn■ ii^,•//errKg in thccounty of N;rthampton aforefaid, i2fh day of A'guft in the ninth year of the reign of our lord IVilluin \\\q. third, by the grace of God of Evglnri'l, Scotland, Frovie and htl.ind king, lefcnder of the fai;h, i^c. before MsJohnClendon^ "John Radjord, C/uirJes Piihney, e!q: snd "John liiadford, gent, comm'ffionerscf the faid lord the k-n^-, by v'r:ue of the commif- fion (jf the faid lord the king under h'S great fea! of /r;'^/^vw,/feaie<1, benrng date at Wejlnnnfisr the 15th day of Mr.rch lall: paft. to fs, or any three or more in tlie fame comiDifTion named, dirt-fled, an I to this inquifition annexed, to inquire on the behalf of the faid lord the kinfj of certain thin^^s, ariicKs and circunsftr'nces in the fame commiiTion fpccifit d, by the oath 0I JoCeph Baker, gent. li'.Ui/iin Baker, Jo/in Ives, (^c. (recitirg all t.':e jurors) g^'od and lawful men of the county of h'orthaifipion aforctaid, wlio being fworn and charged ot and upon the preuiiflls on their oath f.iy, that Eiliiard lord Giiffin in the conimiiiinn afortfaid named, on flie day of the committmg the high tri-afon in the fam? commif- fi'in fpecified, to wit, ihez'jh day of March in the yih year of the rtign of the fai 1 loril t'le king, and alio on thr day of the out- lawry ol the fail lord (irijjin in the finie commifllTii iniptioncd, to wit, Monday nc:;t 2U:r ;hc fjall of the puriHtaiion of the I Z^l J LI 2 LlelKd 307 Inquifition. blcfle J virgin M.iry in the yih year abovcfaul, was ftifcd in bis d?- incfne as ol tVe ot and in the manor ot Bmbrcokcy wich the sppur- lonances in the parilh of Brahrooke in the county flfor- laid j and alio of and in one niriTuHge with the appnrrenancv-'s, Jitr.atein the parilli of Biabtuuke in the county aforefaid, now or lattr in the te- nure or occupation of JVilliam H inter/on ; and ot and in ten acres of land, five acres of ineaddw and five acres of pafture, lying in Biabi cokr aforefui.i, now or late in the tenure or occupation of the fame IVilliam li'inierton, and ot the clear yearly value in all illiies btfides reprifes 12 /. more or lefs ; and a!fo of and in, l^c. (recUlrg the pn- licul ir of all his eftute in t/.e fame warn sr :) And the jurcrs atcrcfaid on their oath aforefaid farther fay, ti)at 'John. Stone, late ot Brabtooke aforelaid in the county aforefaid. gent, from th? fiiii Mj;//7/7v next after the fealt of the purification of the bltfTod virgin Mary in the 7th year abovefaid, being the faiJ dav of the outlawry of the faid lor.i Grijin, unto the d^y of the caption of this inquifi'jon, at Brobroole aforefaid in the county aforefaid, had received the feveral yearly rents from the faid fe- veral perfons above particularly named, to and fcr the ufeofthe faid EdzvarJ \Qr.\ GriJJi'U and that the faid John ^tcne ov^nl to render an account for the fame to the faid lord the king : And the jurors aforefaid on their oath aforefaid farther fay, that the faid Edivard lord Grijpn had no lordlL'ps or manors, or any other lands, tenements or hereditaments, the faid 2<^'\\ day of Mtirch in the 7th year abov^faid, nor the faid day of the pronouncing of the outlawry aforefaid, or any other goods and chattels, debts, renti, fpecialties or fums of money, the faid Mond/j next after the fealt of the blefTvt! virgin Mary, or ever after, within the countv at'orefaid, to the knowledge of the fame jurors. In wit- nefs whereof to one part of this inquifition indented with us the faid comn-ifuoners remaining, and by us to the barons of the ex- chequer ot the faid lord the king to be fent and certified, as well the jurors aforef^iid have fet their hands and feals, as we the faid conniiifiioners have fet our hands and feals, but to the other part of this inquifition, v;ith the foreman of the jurors aforefaid re- maining, we the faid ccnmifiioners have fet our hands and feals the day year and place firft abovefaid, ^r. John Cleiuio'u J'^hn P.eu{- jtrdi Cka. Pullney, John Bradford, Jof. Baker, JVilliajn Bukcr^ J-.. hjcs,JohnJJirJon the mark of^(C), B^njfiwin S.yles, Tho. m^d, S. '/lujlen, Ro. Tebh-t, John Ireih, Tho. Bull the mark of (n). lVilli.if:i Rmulutt, J. JTooJ, Rifh.ird Uurman^ R. Gar- rati, Sam. Taylor, Ceo. ■lyndtdl, J. Symonds. 2 ah againft Kirwood, km. Extent in sid of ^."l'?' '"offi^ n f'or^e, b'c. To the fnerfl^ of Middlefcx, greetir.g : V/here- Br sTs? ^% Kit hue Yale of the parilli of St. Andre-.v Hotborn W xhz , Cro! 106. county of Middiifex, efq; and Matheiv Kirivood, knt. citizen 1 Cio. 179. and goldfmith of London, by their writing obligatory fealed with ^^''- ^ iheir Teal bearing date the 25ih day of J^ril in the 4th year of our 4 Cro. 67. o rei?n, Pr^c*. Reg. ^ * 53'- Inqulfltion. J 2®7 reign, arc jointly and fcparately bound to us in 4.0000/. of lawful money vi Great Britain, to be pai>.l at a certain day pall, and the faid 40000 /. to us have not yer paid, nor caufcd to be paid, nor hath eiilur of them paid or caiifed to be paid as it is faid ; And we beiPr: willing to be fatisfied the fiii! 40000/. to us now due, v.'ith all ihe fpeed we can, as is.jull:, coannanJ you, thit you do not oniir by reafon of any liberty, but you enter into it, and as well by the oath of good and lawful men of your bAiliwick, as by the oath and teftiiiiony of any good and lawiul men of vour r^ine biiliwick, by whom the truth of the matter may be the better known, and by all other ways, means and methods you fliall or may better know, diligently inquire what debts, credits, fpecial'.its and fums of rwoney the faid Mattheiv Kirwcod now has in your faid bailiwick, and all and (inguiar thofe faid debts, credits, fpeciahies and fums of money in whofe hands foever > they now arc, by the oath of good and lawful men diligently ex- tend, and into our hands caufe to be taken and fcifed, that we may h."ve them until we are fatisfied the debt aforefaid, according to thj form of the fiatute for the recovery of fuch our debts thereof lately made and provided ; and we farther command ani jmpcwer you by thcfe prefents, to call before you all perfons pro- per to he examined in the premilll's here, of and in the fame premiHes diligently to be examined, le'ft this our prefent com- mand fiiould remaia farther to be execrteii ; And how you fhall have exec'jted this our prefent command, to the barons of our excheijui-'r at Ifejlminjier on the j8th day of November next en- fuing diftiniflly and openly certify, and have there then this wrir. Witncfs 1 nomas Bury, knt. the 2d dav of Se^leniher in the 5th year of our reign, by tiie writing obligatory aforefaid, and by the faid ftaiuie of the 33d year of the reign of the late king Henry the eighth, and by warrant by the barons. [ 308 T /^ E'l-ge bv the grnce of God of Great Britnirt, France and Extent in xu\. Irtliiml king, defender of the frith, ISc. to tlie Iheriffs of 4 R«P- <'<5,67' L^itiJon, greering : Whereas IFilliim J. of the town of //. in ^°^' 339- the counrv off/, cfq; IVilluim D. of ihc fame, efq; E)ari I .V. of \ shovy'?^^* the pfsriHi of Sr. Martin in tfie PitlJi in the county of Miildlefex, 2 Show. 4S0. gol.'.fmiih, Jofej'/i N. of the fame, gel 'fmith, and Aired C. of G, PiacSt. R<.^, in the county of //. aforefaid, gent, by their wrifing obligatory 53'- frzltd with their fcals, bearing date the fecond day of 'Ju/y \n the 6'h vear of our reign-, are bound to us jointly and fcvcrally in 6000/. of lawful money, to be pnid at a cert:t 1''^ fitv of London ia the parifli of St. L.izurence m x\\\t OUi Je'wry '.n ihe ward ot Chenjy cf the fame ci'v, the i2th day of Odthsr'xw the fcventh year of the reign of our lor i Qcorg" by the grace of God of Great Brilnin, Fiav.ce and he!iin,{ king, d>T<;nder of the faith, i^c. before William BilLrs, cfq; an.; GcO'ge Cu'-well, kut. flieriffs of the city of Lji'.clon atcrefaid, by v;r;ue oi a certain wiit of the fai.! lor>l the king to the fame ibtrft's direcled, and to this inqu {;ti;:)n annexeJ, lo iiHj.iireof and upon certain aiittc-rs in the fame writ contained Tbejury, gnd fp rified, by the oath of Robert Walker, Dar.iel Collins, Geur'^e Stagj^, Robert D^irvys, IV.lUain Foiiler, Th^tnas Mun, Robot hee'fly, Charles Kent, Walter Prejioti, Jamss St-ifej, William Me'aclhy and IVAiam Huidty, good au.i lawful men of the bailiwick of the faid fii-Tiffs who being fworn and charged, The credits of fay on rh.'ir oath, that one /'. B. of, i^c. on the day of the ifluing thcdvbiar, of the fame writ, to wit, on the 5th day of Oduber in the 7th year abovcfaiJ, was indebted to D. N. and J. N.in the faid writ named in the fum of 104/. of law! id money oi Great Britain^ for the like fum of money by the faid F. B. of the faid D. N. and J. A'. Defcre then borrowed'and received : And the jurors afore- Moaey lent. i'^id farther on their oath fay, that one Robert O. of the parii'h of St. Martin in the FiilJs in the county ai M^ //?/<• .v, jeweller, on the faid day of the i{lui"g cf th; fame w^rit, to wit, on the 5th day of Oj/o/'i?»-in the 7th year abovefaid, was indebted to the faid Daniel N. and J'jf>'p^i ^^'■ in the fuui of 14/. of iike money o':Gre:it Briimn, for the fkefum of money by the faid /?oii^t'r/ O. of the faid D. N. and J. N. before borrowed and received: And the jurors -^forsfaid farther on their oath hy, that one Jmlrenv /l of the p^rifli of in the county of Mi.Ule/ex, gent, on the faid dav of the ifluing of the fame'wrif, to wit, on the 5th day of Odober in the 7th year abovefaid, wr.s indebted to the faid D. N. and J. N in the fum of 3/. of like lawful money, for the like fum of money by the faid A>ulrexv FiJian of the faid D. N. and J. A', before then borrowed and received : And the jurors aforefnid fartb.er on their oath fav, that one IVil'.iam 7. of the parii'h of in the county of Midnlefex, coach- miker, on the laid day of the iffiiing o? the faid writ, to wit, on the faid 5th day of Qc7oW in the7th year abovefaid, was indebred to the faid D. A', and J. N. in the fum of 56 /. for the like fum of money by M-nry r«e1v. the faid IV.F. for the ufe of the faid D. N. and J. N. before then ed to his ufc. had and received : And the jurors aforefaid farther on their oath f .y, th^it one G. F. oi, &c. in the county of MtJil-fex, g -nt. on the' faid dav of the ifluing of the fame wrir, to wit, on the faid 5rh day of Oaobcr in the 7th year abovefaid, was indebted to the faid D. N. and J. N. ia the fum of lOo/. for ihe iike fum of money Inquifition. .] 308 money by tKc fald G. F. for the ufe of the faid D. N. and J. N. tefo/e then had and received : And the juiors at'orefaid farther on their oath fay, that one J. K. of in the county of MiJ- dlefeic, mercer, on the faid day of the iiTuing of the fame writ, to ■uit, on the faid 5th day of Oiiohr in the yih year abavefiiid, was indebted to the faid D. N. and J. N. in the fmii of 20/. for the like fiini of money by the faid John Kirkd for (he ufe of the fiii D. xV. and J. N. before then had and received : And the jurors afor^taid f irther on their oath Uy, that one B. of on the faid day of the iiTuing of the faiiie writ, to wit, on the faid 5 th day of 0.7(//'fr in the 7th year abovefaid, was indebted to the faid D. N. and J. N. in the fuin of 40/. for the like fum of money by the faid B. for the ufe of the faid D. N. and J. N. before then ^ had and received : And the jurors aforefaid farther on their oath fay, that one S. B. of, ^c in the county afore- faid, cfq; on the faid day of the iffiiing of the fame writ, to wit, on the faid 5th day rf Ocloberin the 7th year abovefaid, was indebted to the faid D. N. and J. N. in the fum of loo?. for the like fum of money bv the faid S. B, for the ufe of the [ 3°9 J faid D. N. and J. N. before then had and received ; And the Book debts. jurors aforefaid farther on their oath fay, that D. S. on the faid day of the iiluing of the fame writ, to wit, on the faid 5th day of Oulohr in the 7th year abovefaid, was indebted to the faid D. N. and J. N. in the fum of 28/. 11 s. of like lawful money, for <*ivers goods, wares and merchani.^izes, by the faid D. N. and 7". N. to the faine S. before tlicn foul and delivered : And the jurors aforefaid farther on their oath fay, that D. S. on the faid di-.v of the ifl'uing of the fame writ, to wit, on the 5th day of OSlobei-'w tlie 7th year abovefaiu, was indebted to the faid D. N. and J. N. in the fum Oi" 80 /. 7 s. of like lawful money of Great Btitain, for divers goods, wares and merchandises, by the faid D. N. and J. A', io the faid D S before then fold and delivered; And the jurors aforefaid on tluir oa;h farihcr fay, that one P. B. ^ debt by fpe- o\' I imihgion in the county of Sjui/j'ion, efq; and ^4. il/cf the cuhy. ^v.r'.ih. ot S. A Wedminfier in the county of MiiUilfex, v/idow, bv their wriiing obligatory ferdcd with the foals of them the faivi P. and A. bearing date the 6th day of February 171S, be- came held and bound to the faid D. N. and J. A', in 200/ of lnwiVl money of Great Britain, to be paid to the fame D. N, and J. N. whtn they flijuld be tiiereto after required ; which faid writing obligatory alorcfaid, as alfo the money thereon due, ve the f.iid flierirfs, by virtue of the writ aforefaiii, have cau'.ed to b-- extended, and into the hands of the faid lord the king to be taken and feifed : And the jurors aforefaid farther en their oath fa<-, that H. C. of (he pariih, Ifc. fVtJlmin'/er in the county of M'rddlefex., gent, was intiebted to tlie laid H. N. and J. N. in ilie fum of zzol. of like lawful mon.'v of Great Britain, for the like fum of money by the faid D A', and J. N. to the faid //. C. accommodated and lent ; and that the (ait! //. (■'. by liis certain writing duly made, bearing date 27th day oi' Jure 1719. for IJ 4 llic 509 Inqulfitlon, (he confi 'cr-aion in tl-.e faniv? mentionei-l, afliGl'tcH, transferrffl Alfi^nmcnt of , 1 / • 1 7^ ■; 1 • ■ • -n 1 an aimv .KLvn- and )tt over to the laid i^. yv. his executors, ai-iniiiiiUriUors and tnrc as a iVcu- aiTwr.s, all li.s fuli pay or bfiunty-nioncy ot 200 /. per ami. ^^iven rity for money or ^r.inied hiu: by tlic faid lor ) the kiii^, piiyable to the faid ^'="'' H. C. by tqu-il quarterly portions, out of the revenue of the lal I loni the king of the fivil liiJ, or otherviile ; and the faid f'l. C. by virtue of the fame, auihorlz'id ar.d impowcrcd the faid D. N. ^'is executors, adininillrators and afTii'ns, from time to time, and at all times afteiwar.'s, when and as olten as they wen; payable and paid, to aHi, demand and receive ot and from IV. C. clq; pay-maltcr oi the faid lord the king's pcnfions or bounty- money, or of the paymafler thereof, or any other perfon or per- (bns v;homfo.ver tor the tiii'.e bein^^ authorizcil and appointed to pay the lame, and that his or their receipt or receipts, acquit- tance or acquittances, fliould be a full and fufficient dikharge thereof: and that there was due to thefai.l //. C from the faid lord the king, by the hands of the faid IV. Chetnvyml, efq; thi fum of 20©/. of lawful money, for a year ended at the feaft of St. Michael laft paft : And the jurors atbr.faid farther on their oarh fay, that the writinfj afor laid was mai^e and ex( cuted by the faiJ H. C. to the faid D. jV. to fecure and to repay to the faid D. iV. the fian of 220/. advanced by him the irA D. N. to the fuid H. C, which yet remains due and unpaid : And the jurors aforcfaid on their oath aforefaid farther fay, that D. N^. and 7- N-''^'-'^ the writ of extent afirefaid named, on the liav of the iiiu'.ng of the fame writ, 10 wit, on the faid 5ih day of 0<- ioi;r in the 7th year abov.faid, and at the time of the caption of this i'-qiiiiirion, were pclTcffv-'d and intitled in our bailiwick, as of t!i-ir own proper goods and chattels of, in and to feveral goods, chattels, writings and fums of money in the firll fchedule or inventory to this i^qiifition annex-d particularly mentioned, of the fcveral values of ;he fums in the faid fchedule or inventory to the fame refpeft'vtiy put anJ fet, as by the jurors atorefaid appraifcd; And thejsirors aforefaid on their oath atorefaid farther fay that the fail D. i^jrco'i inA J. N.rcotl on the day of the ifluing of the writ of extrnt aforcfaid, to v,'it, on the faid 5th day of OJo^ef in the 7th year abovcfa'd, and at the time of the cap- tion of this inquifition, W'.re pofl'fT^tl and intitled in our baili- wick, as of th-^ir own proper goo Is and chattels, in and to feveral writin'^s and fums of money in the ficond fchedule or inventory to this ir.quififion annexed particularly mentioned, and fpveral perfons in the fecond fchcdule.or inventory in that b?liaH particu- Lirly naine-l, were at the fame times refp;£t:vely poiFeired of the fame writings an.i fums of money in trufl: for the fame D. N. and y. A', all which faid iToois. chattels, debts, writings and fums of money, we the f'-»id flir riffs on the faid day of the caption of this inquifition, by virtue of the writ aforei'aid, have cauled to be cxf ended, and into the hands of the faidj lord the king taken and feifed : And the jurors aforefaid farther on their oath aforcfaid fay, thai D. N. and J. N. in the faid writ named, on the ad day Inquifition. y WilliKiii Billers, cr ann, in the name of one T. N. in iruit and for the ufe of the faid D. and 7' ^'' Twenty pounds capital flock in the South-Seal company in the name of one John B. in trail ^ and for the ufe of the faid D. A'. j 40 o o Ten inares in the capital or principal (lock cf the~J corporation or body politick, called by the name / ne r,( one > of the London Jfurance, in the R. A', in trull and for the ufe cf the and J. iV. laid D. C 150 o zSzy o o Prohibition. 3^* Prohibition* Byne and Dodckrhi^^e, Fleas at Weftminfter before E'-lward Nevil, hit. JoI>n Powell, hit. and John Biencowe, hnt. jujiices of the lord the king of the bench of Hillary term in the \2th year of the reign oj the lord William the third of [Log] a.n^, &c. ^tng. Roll 1609. S'.tJ/cx, to wit. ^OHN DodJeridge, clerk, reclor of the rec- Dsclirationla J tory of the parochial church of IVhutlingt n prohibition on in the county aforefaid, was attached to anfwcr as well the lord ^ '"-^"^ ^5" P*J' the king 2.%Edivard Byne in i plea, why he profecutcd a plea ti^/tfj^c of againll the fame Edivard in the court chriftian againft the pro- f^jn, h'.bition of ihs faid lord the king, ^c. And whereon the fame Edijcard hy Francis Doyly his attorney complains, that whereas the faid Edward Dyne was feifed in his demefne as cf tee of and in a certain farm called IVtdtcrs IVi/h with the appurtenances ia the pari li o'il'Vhatlington aforefdid in the county aforefaid, ot the yearly value of 20/- and the fame Edi'jurd, and all other occu- piers and poirc'lljrs of the fame tenement with the appurtenances for the time being, for time immemorial have ufed and been ac- cultomed to pay and remier to the reftor of the reftory of the parochial church oi IVh.itlington aforefaid for the time being, or ills farmer of ihat reftory, yearly on the feaft of St. Michael the archargcl, or whenfoevtr after the feafc lie fliould be rcquirei!, 40 f- bring 2 s. for every 20 s. rent of the tenements aforefaid v.'ith the appurtenances of and for the full and entire contentation, fatisf^Clicn and difcharge of all and fmi^ubr tithes whatever of, in and upon the tenements aforefaid with the appurtenance how- focver growing, arifing, renewing or happening ; which faid 40 i'. yearly as aforefaid payable and p;iid, all and fingular the redlors of tii^ reftory of the church aforrfuid for the time being, or their farin.TS of the redory aforefaid for the whole time aforelaid, of the proprietors or occupiers of the fame tenements with the appur- tenances in full fatisfsttion, contentation, payment and difcharge, and in the name and ftead of ail and fingular tithes whatever of, in and upon the tenements afortf-id with the appurtf nancts how- foever growing, ariffg, renewing or happening, have received and had, and the cullom and manner of tithing aforefaid for the tithes aforefaid for all the time afor^jfaid have inviolably obfcrved j Nivcrlhclcfs the faid J:ihn DgJdtrid^e, not ignorant of the prc- ludl'cs. i 5'* J ^T I Prohibition. mifTcS, contriving and intending him tlie faid EJ-wartl, againft the liue tonii of the law ot this kingdom ot" England, and againll the I'onn and eftld of divers llatutcs, tor tithes, and the manner ot tithing made and provided, and againft the prefcr'ption, cuf- tom and manner of tithing aforefaid, un.luly to aggrieve, opprefs and tatiguf, and alfo the faid lord the nou' king and his royal crown to difinherit, and the cognifiince of (he pica, which lo the faid lord the now king and his royal crown, and not to the ccclcfLifucal court, in this behalf belongs, to another examina- tion in the court chriftian to draw, the fame £./urt;<^ in the court chrifliiin before the reverend a;-i(i excellent man 1 homns Briggs., dccl'.^r of laws, of the reverend father in Chrilt Jjhn, by divme permiirion lord bifiiop of Chichefter, in and ihro' the whole arch- deanry of L.enx:es in the diocefe of Chichejicr commiflary or of- ficial principal lavv-fully conftiiuted, or hislurfogate or other judge whatever in that behalf competent, hath drawn in plea ot and for the fubflradion an-,i non-payment of tithes, in a certain fche- dute to a certain libel affixed m.entioned, craftily and fubtilly li- belling againrt the faid EJ-ivard in the fame court chriftian, in the manner and form following, to v^ir, Iwprimis, to wit, that the faid Juhn DoJJeridge, clerk, in the months of S^eptemhtrt ThftUld. 03'jbery No'vemhery December, January, February and Marik 169S, and in the whole year 1699, in every fuch years and months was and at prefent is rector of the redlory of the parochial church of IVhatlington aforefaid, and of all and fingular the tithes, rights and en^oluments ecckfiaftical whatever to the fame rec- tory belonging and appertaining, and to and in the fame reftory v/ith ail its rights and appurtenances rightfully and lawfully ad- mitted, initituted and inducted, and for fuch and as fuch the fame Juhn Dodderi(!gs was and is commonly called, held, had and reputed, openly, publickly and notorioufly ; and the party proponent propounds them jointly and feverally, and of every itm as well of common right as of and from an ancient, lau- d-hie ai:d lawfully prelcribed cuftom, and for time immemorial inviolably obferved, and in contradictory judgment often or once obtained, the right of receiving and having all and fingular the tithes, rights, emoluments ecchfnftical whatfoever, and efpe- eraliy the'tiihes of things tithable in the fchedule to thefe prefmts annexed mentioned, which fchedule the party proponent defires znd prays may be taken as here read and inierted, as is proper for him, aid not otherwife, within the pariili of IVtuillington aforefaid, and the bounds, limits and places tithable of the fame, srifmg, growing, renewing and happening to the rcdors and their farmers of the reftory aforefaid for their times fucctillvely being, and fo to the faid John Dyddcridge for the whole, and all the time that he hath been reftor there, hath belonged and apper- tain-'d, and fodoth belong and appertain, and \o to belong and appertain hath ought, and ouglit at prefent ; and he propounds as above. Item, that for thcfe 20, 30, 40, 50, 60 and 80 years latl paft, 2nd alio for lime out of mind, the rttlors and their farmers of Prohibition. ff Try oft'ie rcfinry aforcfaid in their times rucceirivc!\% tTie preHcccT- I'or, and all and every the predcceifors of the faid Jo/m D'/dlei-- i'-g^i th^ prefcnc rector there, were, «s they ought to be, in the quiet, full and peaceable polTcirion oi the right, or as the right ol taking, receiving and having ail and fingidar the tithes of things tirhablc, rights and einoluments eccLliailical, and efpe- cialiv the tithes o( things tithable within written within the pariJh ot IVhuilington aforefaid, and the bounds, liiir.ts and places titha- ble of the fame, arifuig, grov/jng, renewing and happening, and them by ihemfclvcs or their fanners have received, had, and to their own proper ufe converted, and every of them j and theiai''n Dod.Ieridgein this behalf expended, and to be expended, ard to him or his party to be condemned to pay, and condemned to the due payment of the fame lawfully to be forced and compelled by you, and your definitive fenrence or your final decree in this behalf to be made, and farther to be donr, ordered and decreed in the prem^fics, and every thing concerning them, v;hat fiiall be the right and reafon of the premifTes propounding jointly and fcverally, and not obliging himfelf to prove all and ^ ^ finguUr Prohibition, i3i3 lingular tlie preniiflcs, nor to rhe burJt-n of a fupcrfluoiis proof, againll vvh'uli lie piotells, but fo far as he Hiall prove in the pre- niilTcs io f tr he may obtain io his Jtmand, the benefit ot the law in ail things always faved, your office Sir the judge aiore- nv\ined luujibiy imploring, the fchedule of which in ihe libel al^re- faid mentioned is made as (oWov/s. Lnprhni s,'ihM the f^iid Edzvard The libeL I'yne named in the libel hereunto annexed, in the years and ^ months in the firll article of the faid iibel mentioned, all and ^\cry, fome or one of thetn had, held, occupied, poffeBed and enjoyed certain hinds, fields and grounds, fiiuate, lying and being within the pariili of JV/tatUngton, and tiihable places thereof, and in and upon the fame, and wirliin the faid pariili and tithabic places thereof had and kept going, feeding, coming, renewing, intreafing, happening, fallen, cut and mown thele feveral quan- tiii^^s, parcels and numbers of hay, cattle, and other things fcl- lowin?, "jiz, Imp.imis, i2 acres of meadow-ground which he had caufed to be mown, and thereupon had four and twenty wain- loads or carriages of hay mowed and made in the year i6(^, libellate each wain-load or carriige thereof w-orih twenty iliil- lings of lawful money of England. Item, four acres of hop- ground in the year i699,libellate, each acre worth fifteen pounds of like lawful, lye. Item, cne piece of ground fowed with hemp- feed, and thereupon bad hemp and hemp-feed worth twenty Shillings of like lawful, ^c. Item, one piece of ground fowed wirh flax-feed, and thereupon had fiax and fiax-feed worth thirty fliiilings of like lawful, If^c. Item, four milk kine every year libellate, the milk of each cow worth weekly three Jfhillings of like lawful, ^c. Item, four calves yearly, each worth at tith- ing-tinie eight Ihillings of like lawful, ^c. Item, twenty acres of coppice-ground, and from thence cut and fold yearly and every year libellate fix cords of wood, each cord worth eight: fliiliings of like lawful, l^Sc- hem, fix barren, dry, idle fat- ting cat'le yearly, the departure of each of them wr>r:h weekly twelve pence of like lawful, l^c. Item, twenty ewe flieep year- ly, and of them had yearly twenty Jambs, each worth at tithing- time three fhillings of like lawful, l^c. Item, one hundred weight of v/ool yearly, Hiorn from fixty fheep yearly, each poiind v;orth at (licaring-iime twelve pence of like lawful, ^r. htm, twenty pigs yearly, and every year each worth at tithing-timi three ftiillings of like lawful, i^c. hem, ten hcr,5, and of them had five hundred eggs, every four of them worth one penny. Item, tv/enty gcflings, or young geefe, each of them wonli twelve pence. Item, twenty young turkies, each of them worth twelve pence, hem, apples, and other orchard fruit, and g«irden fruit and herbs of all forts worth yearly twcniy Hiillings, as by thccnpy of the libel and fchedule sforefaid here in court produced morctully is manifcft and appears ; and him the faiil /•,„''uwer and T. PnrfjHs come, and on that jury are fworn j and becaufe the reft XjIcj, of (he jurors of the fame jury have not appeared, thertfore others fiom the by-ftandcrs of the llicr'tFof the county aforefaid hereto elecl?d, at the requeft of the (^'k] Eu'iv/ird Eyne, who as well, tfc. and by the command of rhe juftices aforefaid, are added anew, v/hofc names are annexed to the panel within written, ac- cording tjE. I. c so. li E. 2. c 4- 14 E. 3- c. 16. Prohibition.' I3^5 ccrJing to the form by the flatute in fuch cafe maJe anil pro- N'i.ied ; and tiie jurors fo adi'.ed anew, to wir, Jnfnes Life, IV. 3:;H.8. c(J, h'icholas, IV. Ofmey, John Napper. Richard Scr^gg, John Elliott , 7 ^ ^ ^- 3. 'f ihn Rogers, Ihnry Barnes and Eduoard Kempe, being called '^' ^^' ^ ^' likewif' come, vho to fny the truth of t!ie v/iiliin contained, to- ^ " ' ^* jyf'hcr with the other jurors aroreCtil ^t([ imparelled and fworr, were c-li.£led, tried anJ fwofn, and from the bar liere to give their verdi(5l thereon to talk together retired, and having thereon talk- ed together and agreed to give that veruiftto the bnr here return- ed ; v.'hereupon the faid Edwnrd Byne, who as wtll, Eifc altho' foUinnlv called doth not come, nor farther profecute his writ within fpecified againft the faid John DedJcriJge, ^c. Morris againri Oldys and a?iother. [ 316 ] LoK/a-\ to wit. ^^Ancs Morris, who as well for the lord and lady V/arrant of at- ^ the kip.g and queen ns tor iiinilelr in this be- i r-,; „ half profecutes, puts in his plac2 J.Lilly his attorney, agninft IViliiam Oljys, doCt^r of laws, and Henry St. Geoyge, knt. daren- ceux king at arms, in a plea ot trefpafs and contempt, for that they profccut'-d in the court of honour c^ Httiiy duke of NafoV:, lord car! liiarfhal of England, after the royal prohibition to the contra- ry to them oiretlid and delivered. London, to W\\..T%^ it remember'd that on Friday next after Bcclaraticn os J3 the morrow of tae Holy Irimly m tnat lame ^j,^ ^.^^.j ,f term before the lord and lady the king and queen at Wejhninjler honour to ft»y QZ\\\^ James Morris, who as well for the lord and lady the king a fwit there lor and queen as for himfelf in this behalf profecutes by 7. L. his at- rna.niallinjc a 1 , 11 • 1 > r .1 r ■ 1 1 ) J I J funeral wiihout torney, and produced here m the court ot the laid lord and lady y^^^^^^ p^rr. the king and queen then there his certain bill againft IV. Oldy^, ^(-p. ,3.5. doftor of laws, and Kenry St. George, knt. clnrenceux king at arms, in the cuftody of the marflial, ^c. in a plea of irefpnis and contempt, for that they prolecuted in ihe court of honour o^ Henry duke of Noyjolk, lord earl marihal of England, aitcr the royal prc- hib'tion to them to the contrary ihtrcof dirc^od and delivered ; and there are pledges 10 profecute, to wit, Jolin Doe and Richard Roe ; which faid bill fonov;3 in ihefe words, to wit, James Mcr- rit, who as well for the lord and lady the king anii queen as for himfelf in this b;.haU profecutes, complains ot IV. Oldys, dttTlnr of laws, mid l.'erry St. Geo-ge, knt, darcnceux king at arms, be- ing in the cutl-idy of the marPnul of the Marjljaljca of ihe lord and lady the kir.g and queen before the king and queen tlVcmfclvcs, in a olea of trefpafs and, contempt, fjr that ihty profccutcil in the coi-.rt of honour of //.'f.'j fiuke o\Njrfill<, lord earl mai fljal of Ei.gland, after the royal prohibition to them fiilt to ihc contrary thvVeof directed and delivered, for this, to wir, that whereas by the ftature of Ma^na Charln of the liberties of Enplanl, made at a p^irliamcnt hchl'at IVcftminjln in the county of Mi Idlefex m the 9'.h year of the rtign of the lor.l Henry the third., late king of llvg- lan,t, it is ordained and c{lablin\:d, 7'hat no freeman fliouli be uk'.n or imprifoi'.td, or be uifTjif-rd of his freehold or libcnii-s, or Mm z ffCf 3i6 Prohibition. free cuHoms, or be outlawed cr exiljcl, or any otherwife c!cf!rov- ed ; nor the lortl ihe king would not pal's upon him nur condemn him but by lawful ju'Jgnient of his peers, or by the htw of iho land; and that the fame late king would fell to no man, would not tieny or deter to any man either juftice or right, ns in the fuid fti- tute more fully is contiined ; And whereas silfo the faid 'John Morris is a freeman of this kingdom, and ought to enjiy the li- berties and free cuftcir.s of this kingdom of Er.glund, and con- trary to the fame ought nor in any wife to be difquiete^j or moleft- ed : Ncverthelcfs the faid //'. 01 lys, doftor of Iav;j in the court of honour of the faid Henry duke of Norfolk, lord earl marHial of EnglanJ, advocate of the king and queen, of the premiflcs not ignorant, but contriving and intending him the faid James Morris unjurtly and wrongfully to opprefs, and with vsry great experces to tati2;ue, and from the common law of this kingdom of ErglnnJ to derogate, in the faid court of honour of the faid flenry duke of No-f'Jk before him the faid Henry duke of Norfdk, then and yet being lord earl marflial o'i E^ gLincl, at Lor.don aforefaid, to wir, in the parifliof St. Miiry le Bozv in the ward of Cheap, exhibited certain articles againft him the faid James Morrit, by which faid articles the faid lie ry dlike of 'Norfolk, at the promotion of the faid IV. GhJyt, objefled and articulated, that for 2, 3, 4 5,6, 7, 8, 9, 10, and mere years elapfed, the faid Henry St. George was and is one of the kings at arms, to wit, clarenceux king at arms, by royal authority, by virtue of a commifnon under the great fealof fw;^- /«»/:/ rightfully and lav/fully conflituted, and for fuch commonly reputed, and that the cognifance, correQion and difpofition of arms and er.fig'is, and the ordering, direQion and difpofition of fu- neral pomps to the kin^s at arms, according to their refpeftive pro- vinces, and to their officers in that behalf lawfully conflituted, and fo to the faid Henry iV. George, knt. clarenceux king at arms, with- in his province, and to the faid clarenceux king at arms for the time being, from lime to time hath belonged and fo doth belong, and ought to belong ; and that the premifTes aforefaid were and »re to the faid James Mynis well known, at Icaft that the faid James hath heard it fo faid. Item, that the faid Henry St. George^ knt. clarenceux king at arms, was and is king at arms at the fouth, caft and weft parts of this kingdom of EnglatuI, to wit, from the river called Trent towards the fouth; and that the faid J. Morris within the pariili of St. FeJaJl, oihsrw\\t Fofler-lane, London, and within the province of the faid clarenceux king at arms, for fome years pad hath dwelt and now doth dwell, and to the jurifdidlion of the court aforefaid was and is notorioufly fubjcft and liable. I j'7 J Item, that the faid James Morris never had nor hath any licence or authority from the faid Hemj St. George, clarenceux king at arms, fo painf, or caufe and procure to be painted, any arms and efcutcheons, or fiiields of arms and efcutchcons, or to marllial the funerals of any perfon or perfons within his faid province dy- ing a-^d buried, or to be buried. Item, that notwithftanding the premifTes, but the fame being true, the faid James Morris well knowing in the nionihs of March, J^ril, Majf June, July, -^u- Prohibition^ ^17 gujl, Sepiemler, Odoher, I^ovember, Decemher, 'January^ FehrU' ary and March, in the year of the Lord 169S, or of the fame months in more than one or foine, without any lawful authority or faculty in that behalf obtained, and in contempt of the jurif- diftion ot the faid Henry duke of Norfolk, and the office and law of arms, and to the manifcft injury of the nobility and gentry of this kingdom oi England., the funeral pomps of divers deceafed v^ithin the faid province of the faid clarenceux king at arms dying and buried took upon hirafelf to order, direct and mnrflial, and the fame did order, direft and marilial, and the iTiield of arms for them painted, or caufed to be painted, and the fame funeral pomps, or very many, in manner and form by the law of arms in no manner to be approved and permitted, and in manner and form alfo to the degrees of the faid deceafed ia no wife proper, permitted, or to be permitted, to order, direft and marihal, however prefumed and durft; and efpecially in the month o^July, or thereabouts, in the year of the Lord 1691, he the faid 'Jimes Morris the funeral pomp of the lady Judith Herne^ widow, of Canbury in or near the parilTi of 8t. Mary Iflirg'.on in the county of Af/-.i//c/e'x, deceafed, in the manner and term in the firft fchedule to the articles sforsfaid annexed defcribed, or in a manner and form very like ; which faid fchedule follows in thefe words, letters and figures, to wit, the firft fchedule, The manner of the lady Hemes lying in ftate in Bveiioers-hidl the 13th July 1691. All the hall from the top to the bottom was hung with black, and the upper end of the faid hall where the corpfe was placed was likewile ceiled with bays, the corps was covered v/iih a pall of black velvet lined with white farccnct, and upon the pall 12 filk efcutcheons pinned thereon j and at the end of the faid corpfe was a majefly, and between twenty and thirty fiik and buckram efcutcheons, and upon Ikmlsof each fide of the corpfe were between thirty and forty great wax tapers, be- fides thofe tliat were up in fconccs, which iDade in all about the corpfe between fixty or feventyj all this was within a rail cover- ed with black bays. William Rt-Jf-lllhe coffin-mnker, and James Mortis the joiner, marnnlled tiiis funeral on the faid 14th July 1691, They put eight aldermen to fupport the pall, and placed the mourners, and invited guefts in ortier. And in the month of ^Jji'ember, or thereabouts, in the year of the Lord 1691, the funeral pomp of 1 ovuers deceafed, in the parifli church of St. Andrevj Holborne, London, buried, in the manner and form in the fccond Ichctlule to the articles aforcfaid annexed deftribed,or in a manner and form very like ; which faid fchedule follows in thefe words, letters -^nd figures, 10 wif,the locond fchedule, Mrs. 7oiue't N-rvemler 6th i69r, buried at St. Andrezvt llolbornr; the corpfe was laid in ftare in one of the newhoufes at tlie farther ind o( (^ray-Inn Lane, the rot. 111 was hung with deep mourning, the f.oor was covered with binck bays, the room adorned with black ekutcheons. and great number of wax ligli's in fiUer f.ooccsand candleftlcks ; tho)- efcutcheons upon the piU were on filk. And in the inonih of N^njemltr, or thereabouts, m the fame year 1691 , Mm 3 t'*«J 3i7t Prohibition. tl\c funeral pomp of De Nen deceafed, and In the parilli church of S:. An.irciv Un''e>/It.ij't, London, burisJ, in the manner and forn| in the third fchcdule to the articles afor"f:dJ annexed defcribed. Of in a manner anj foiiii very hice ; which faid fchedulc follows in ihefe wor Is, letters and fi;Turcs lo wit, M.idaui De Nin, No- 've?ri!'er 6'h 1691, buried at St. /^nhevj's U, JtrJ/uifl ixom c\oth- Nvorktrs-hall j the corp'.'e was fet in ftate in a kind of alcove ir> dofe mourning, both the ce:l:n;j and floor being covered with black bavs at the uppt^r end of the hall, the inncr-fide whereof was adorned with double rows of elcutcheons, and foine of ihcm at the head were placed in the nature of a majjily ; about the bovly weie phiced on ilr.nc^s and fconces a grtcit number of wax lights ; iaiinediately before the orpfe was a rail covered with light mourning, and thereon affixed eight plumes of black fea- thers ; the great hall and paflage leading to it was ranged with bayes, and a row of efcutcheons and lights, in t:6t, but unduly and againfi: the law of arms, and in contempt of the jurifdiftion and authority of the laid Henry i.\uks ot \'orJoU:, and the office and law of arms to order, direft and marilial, durft and prefumed, and the perfods attending the fame funerals did put and place, and the manner of proceeding riire(!:ted ; and that this v.-as and is true, public and notorious, nianifeft likewife and famous, and of and [ 31S ] uponthefame was and at prefent is the publick talk and diicourfe, hem, that within the tin)e in the preceding article mentioned, the faid Jf^rts Morn's lo defiil from fuch mifdemeanors, and par- ticularly from the marfl\dhng, ordering aril direding of the fu- neral prjiiip of any deceafed, often, or at leaft once, on the part of the faid Henry St. George was adrnonillied; ncverthel-ifs he hath refufed, and yet doth reiufc to dtfiit, at leaft hath unjuftly delayed, and doth at prefcnt delay, as by the copy of the arti- tles and fchedules aforefaid here in court produced more fully appears ; And the faid IF. OLlys and Hcniy iit. George the fame J.iinrs M:rris in the faid court cf honov.r of the faid lord earj mariliil of F.ti^land before the faid Hemy K-luke o^ Ahrf'Jk, then and yet being earl niiirllial, for the reafon aforcfaid, to appear and of and upon the premifics to anfwer have unjuftly compel- led; and the faid James Mo>ri$ by the defi'ii:ive fentence of the ifiid C'"ii)rt of honour of the lord carl marflial of KngLtnJ oi and upon the premilT^sio caufc to be condemned v^'iih all their power endeavour; and alfho' the writ of the faid lord and lady the king and queen of prohibition to the faid IV. OLlys and Henry St. George the 28ih day of May in the 4th year of the re'gn of the faid lord and lady the now king and queen, at London aforelaid in the parilh and ward aforefaid, to the contrary thereof was dirc<5ted and delivered; Ncverthelefs the faid ^ri Ol/ys an i Henry St. Gi-grge the plea aforeiaid in the fnid court of honour of the faid Henry duke of Norfo'k, lord earl marflial of Er.glard, after the prohibition aforefaid to them firfl to the contrary thereof direfted and dflivered, to wit, the 30th day of May in the year lad &bove- faid, at Loiu.oJi aforcfaid in the p^rilli and ward atcrcfaid, have far- ther profecutcd, and in that plea proceeded, in contempt of the fai4 Prohibition, 31S fiid loTvl and la^.y the now king and queen, and to the maniftft damage, prejudice, grievance and impoverifliment Oi h^m ihe f^ivi James Morris, and againfl: the form of the ftntute aforefiid ; whereby the faid James Morris, who as well, l^c. fays that he is prejudiced, and hath damage to the value of loo/. And t-iierefore as well for the lord and lady the king and queen as for hiiiiCirlf he produces the fuit, If^c. And the faid IV. OUys znA Henry St.Gior^^e'm their proper pg,_ perfons come and fay, that the court of conltahle and marfiial p'rcicrlptioa. of Engla-.d is an antient court, and from time immemorial was held, ana hath been accullomed to be held, before the condable of Erglanl and the earl marflnl of England for the time bcinj, or before the conftable of England {'or the time b:ing only when the office of marfhal of £r;^/.';.W was vacant, or before the earl inarfnal of England for the time b-ing only when the offi.e of conftable of L'^lj; ///«:i for the time being when the office of earl mariiial of England was vacant, and the earl m?»r- ihil oi England or:\y for the time bring v.'hen the olljce of con- liable of England v:a.s vacant only have had, and fortim; imme- iiiorial have been accufvouied tu have, the cognifance of all pleas tnd caufes in any wif"e touching or concer-.ing arms, enilgns, genealogies and funeral pomps arifmg within liiis kingdom of England, and no orhtr court in fuch pleas or caufes have ever intermeJdled, nor jarifdiftion thereof in any v/ife for all the time aforefaid hath had or claimed; and that the iVid fuit hrfore th6 faid //f^_>i duke oi NorfAk, carl marflird of England, profecut- ed, whereof tlie faid James M'jrt is above now complains, was profccated by the faid antient court of cinllahle and inarfhal of Englanl before the fail Henry duke of A' jr folk, b:ing tiien and yet earl mdrihil oi England, the office of conftable of Englw d bting then and yet vacant, of and fi>r meters and caufts touch- ing and concerning arms, enligns and funeral pomps : And the (aid IV. Oldys and Henry Si. iiejrge f.irili: r fay, that bv a certain aft made and provided in a parliauunt of the lord Ric/iard lUe ^^ q j, j. j, fecond, late king oi England, hcdd at fVe/iminfler '\n ihe county oi MJdlefex on Monday next after the feall of S:. HH/ary in the 13th year of his reign, it was en'ifl;d by the aufhor.ty o\ the fa.ne parliament, That if any wouU compMn that any pica be commenced before the condable ami isurjhal that nr:;'it bo tried by the common law of the land, the famr p!,iiniiiT lliould have a privv feal of the king vviihout dlfiiculi v, d;ri-a..d to (lie fiidconftab.e and marilid to furceafe in that plei until tb; dif- cufll-d by the king's council, it that iiult^r ought ol right to pertain to that cou^-t. or othurwife to b- tried by the comm »n I.iW of the realm oi Englnn I, and alfo that th-'v iliould furccdc in the mean lime, as by tlie fame aft more fully appe.irs: And ilie f.ime IV. Oldys and Henry St. Gcorf>e farther fav, that the faid court of conftable and m.irllial of £"A,;.A/'-r/ Iro.u time iirm>=mo;!r,l was a court of fo much honour and /.iMiiiv that the fume court ncvtr was prohibiiedor hindcr'd, nor f,r all ilxt laid time immcmor-al ^ M lu 4 t"'*'!^ Si8t [ 3'9 Imparlance. Protcftindo. Demurrer. Jolader. Prolilbitlon. hath been nccuflomed to be prohibited or hinJer'd from holding any pleas in the lame court of conllable and marllial, otherwifc or in other manner than according to the form of the ftatute af .>refaid : And this the fame IV. Oljys and Henry St. George are ready to verify : Wherefore tiiey du not apprehend that the court he re will or ought to lake farther cognifance of the plea aforefaid. And the faid Jar.'!es Mjrris prays leave to imparl to ihe pica afcrtfaid ; and i[ is granted him, Irh. And upon this, day thereof is given to the panics aforefaid before the lord and lady the king and queen at ireiivtinjhr until ll'IonJay next after three vve^ks of St. Michael, to wit, to the fa d James Morris to imparl to the plea aforefaid, and then to reply, ^f. On v/hich day before the lord and lady the king and queen at IFePminlier come as well the fiid James Morris by his attorney aforefaid, as the faid IFil- Ham Olilys and Hewy St. George in their proper perfons ; And the {Amu James Morris farther prays leave to imparl to the plea aforefaid ; and it is granted him, (ffc. And upon this a day thereof is farther given to the parties aforefaid before the lord and lady the king and queen at IVeJiminJler until Monday next after the cftave ot St. Hillary, to wit, to the faid James Morris to imparl to the plea aforefaid, and then to reply, ^c. On which day be- fore the lord and lady the king and queen at IVeJimivJler come as well the faid J.vOTfj Minis by his attorney aforefr.iJ, as the faid in.'Iiam Oulys and Henry St. George in their piopcr perfons ; ar.d the faid James Morris fays, that by any thing by the faid M'^iUiam OUys and Hemy St. George above in pleading alledged, the court of the faid lord and lady the king and queen now here ought to t^ke farther cognifance of the faid plea againilthe faid IVilliam OlJys and Henry St. George, becaufe by protefting that there is not any fuch court from time immemorial of cotaliable and marflial, as the faid PVilliatn 0/r/ys snA Henry Si. George m their plea aforefaid have above alledged, lor replication ncvcr- thelefs to that plea the fame James fays, that the pica aforefaid, snd the matter iM the fame contained, are not fufncient in law to preclude the court of the lord and lady the king and queen here from taking farther cognifance of the plea aforefaid againft the faid IVilliam OiJys and Henry St. George, to which the faid James 'V'.orris hath no neceffity, nor is by the law of the land ob!iig!und, and to the mani.eft damage, prejudice and grievance ©f her the f.iid Eliziheth : And this flie is ready to verify ; Wherefore the fame Mary, the aid of the court of the faid lady the queen now here mod humbly imploring, prays remedy by tlie writ of the faid lady the queen of prohibition to the faid judge fpiritual of the court chrittian, or other competent judge in this behalf whatever, in form of law to be ilirefted, to prohibit him from holding the plea aforefaid the premiffc'S afoiefaid any wife concerning farther before him ; and it is granted her, ^c. Bettenfon, hart, and Hendunan, efq; and another. JaJ^ment by AND the faid Humphry and IVilliim by J- T. their attorney i. fault ia pro- j[7\ come and defend the force and injury when, i^c. and ^jjitiaa. not/dng in bar or preclufion of the faid adtion of the faid Thomas^ who as well, l£c. fay; whereby the faid Thomas, who as well, iSc remains againfl the faid Humphry and IVilliam therein un- defended ; therefore the faid 1 himns, who as well, ^c. his damages, by reafon that they the faid Huiubh'y and IVillin'ti as aforefaid p/ofecut^d in the faid court chriftian after the proliibi^ tion afcri fain to ihein to the contrary direft.^d and delivered, aTainft the faid Humfhry and Ullluim ought to recover : But becaufe it is unknown v/hat damages the laid Thomas, who as ■well, ^c. hath fuftaincd on that account, the fhcrifF is coni- luande ', that by the oath of good and lawful men of the county sforefaid he diligenily inquire what damages the faid 'ihomas^ who as well, l!?c. hath lutfained, as well on thit account as for his co:fs and charges by him about his fuit in this behalf ex- pended, and the inquifiion which, i^c. he ceitify here from the iiay of the Holy Tiinily in three weeks, under the feal, i^c. an;i the feals, l^c. On which day here comes the laid Thomas, who as well, Uc. by his attorney aforefaid ; and the fhrriff hath not returned the writ, therefore as before let another writ thereof be made to hiru in iorm a'^orefai.l, returnable here trom the E it rememberM, that on IVednefdny next Su^eHion for XJ after 1 5 days of ,£/7/^r in this fami term '^,^'"^^'^^1°'''' before the lord the king at IVef.rr.ir.Jler conies here into court Jo'2?: OL-ihaiH in his proper perfon, and gives the court here 10 underrtand and be informed, iha: wheieas one Robert Pepper dcftor of laws, of the ronfillory court of the billicp of h'orzvic^ oiHcia' principal, had caufed to be cited him the faid John OLi- havi to appear before the faid official, or his furrogate or other judge in that behalf competent whaifocver in the cathedral church i)i Norivich in the ufual place there on the 710 day of December laft paft, to anfwer to certain articles, heads or interrogatories, by the office of the faid clfxial, at the pronjotion oHJohn Ihugli- ton, efq; and A. N. gent, church-warder.s cf the parochial church oi bf. George o^ Tomb! u ml \n A'ofu.iih aforefaij, to be obj tied and adminitkredj and altho' the lame 7c///« OA//rrtw, according to the citation aforefaid, on the day aforefaid fo as aforelaid al- figned bctcre the faid official hath appeared, and being by the (aid cffic'al required to anfwer to the premises, dcfired a copy ct ihe libel or articles of that to which he fhould anfwer in the prcmif- fes, according to the form of the tlature made in the 2d year of t H- j. «. ^* the reign of the lord Henry the fifih laie king ox Ens^lanJ to be dc- iivereed,_ to praj-ed. prohibit him that he do not farther-hold plea before him in any manner touching the premifTes ; And to him it is granted, ifc. Saunders againft Hanjlape. H. 34 l^ 35 C. 3. England, to wit. T> E it remember'd, that, ^r. comes John 55ogjffiion «<• X) Saunders oi the city of i5. mercer, within \ j^it ,|,,,t ti^ the diocefe of B. by T. E. his attorney, and gives the court here party ha.i tounderftand and be informed, that he the faid J. 5. from the time of his birth hitherto was and is a protcftant, openly proftf- fing the faith and religion of the church of England, and behav- ^i^mji. jng himfelf conformable to the rites and ceremonies in the church of Erigland by the laws of this kingdom oi' England c(' tabliHicd : Neverthelefs one Henry Jones, doflor of lavs, offi- cial principal gf ibc confUlory court of ihc reverend father in •^ *^ CUrili reccivcil the lai.''5nifnti« hi' DiiiUi %1't t Prohibition. Clirid C, by divine permifllon bifliop of B. alfo his vicnr general in fpiriruals lawfully conftituted, comrivin^ and incenciing the faid y. S. iirjufiiy to ag'^rieve and opprefs, hath cited, and caufed to be cited, the fnid J. 5. to appear in the court chrillian within the dioceie of B. aforefaid before Iiim the faid //. J. and the fame J. S. on that account in the faid court c'.iriftian on the firfl: day of December in the 34th year of the reign cf the lord the now king appeared before the faid H. J. accoriiin? to the foriii andeffcftof the citation aforefaid, and then and there the faid J. S. by the faid H. J. v.as admoniflied to frequent his parochial cl;urch on Sur.d.iys and teftivals in the tini2 of divine fervice, there to receive the facrament of the Lor.i's fupperor holy eucha- riil in his p;irochial church of St. T. Brijlol atorcfaid, according to the rites of the church of Englan.i, at the feal^ of the birth of our Lord then next following and now laft paft, and to ap- pear on Satiirdoy zoth day of J. in the 34.th year abovefaid in ihe court chrilliian aforefaid to certify ol the fame ; wherc- upan he the faid J. S. divine prayers according to the liturgy and pracftice of the church, of Ergland on Sundays and fefiivals continually afterv/ard.s hitherto, in fundry parochial chi^rchis •where the fame J. S. inhabited, has publicity frequented, cnJ b:haved hiir.felf reverently, and on the faiJ ifeaft of the birth That he re- of our Lord now lafl: paft received the facrament of the Lord's ceived the u- fupper, or the facrament of the eucharift, according to the rites, Abby church, u'age and cultom oi the cnurch or hngland, in and at the ca- thedral church in the diocefe of B. aforefaid, to wit, in the church of the holy and undivided Trinity B. from the hands of one F, Hanjlape, clerk, who the fame day and place to all there prefent L 'h'^'i J the facrament of the Lord's fupper, or the facrament of the eucharift aforefaid, adminiftered and gave ; and afterwards, to wit, 20th day of January abovefaid and now laft paft, the faid J. S. in the court chrilVian aforefaid appeared, according to the monition aforefaid, where then and there the faid F. Hayftape as furrogate of the faid H. Jones (zt judge in a lawful manner conflituted, and the faid J. S. then and there alledged, and for plea oflcred to the faid F. Harjlui^e, that he'the faid J. S. the days, times and places aforefaid had publicly frequented divine prayers according to the liturgy and practice of the church of England, and on the birth of our Lord aforefaid had received the Lord's fupper, or the facrament of the eucharift, in the cathedral church aforefaid, from the hands of him the faid F. H. and prayed then and there that the faid F. H. the plea afcrcVii would allow, and him the faid J S. from the court aforcfiid difmifs : N;ver:hekfi he the faid F. H. not ignorant of the premiflcs, but contriving and intending againft the due form of jthe law of this kingdom of Er.glund him the faid J. S. to ag- grieve and opprefs, the allegation and plea fo as aforefaid ofFt^red would not receive and allow, but to admit it hath refufed, and yet doth refufe i and the fame F. H. him the faid J. S. by the tlcfiailivc fcntence cf the faid court chriftian of and upon the prcniifTes, Prohibition. ;^a3 pren.'Iks, to caufe to be condemned v/;th all his might frfdea- VOLUS an 1 contrives, againll the laws and cutlonis ct this king- dom of EngLinJy in conteinpc of the fa'd lord the now king, and to ihe areai damage of him the faid J.S. And this, l^c. VVhtre- torc the Ur.ie J- -S'- the aid of the court of the faid lor*', the king nowhere humbly imploring prr.ys remedy, and the writ cf ths faid lord t(ie king of prohibition to the faid G. by divine per- m.fTion bilhop of B. H. J. doftor of laws, ^c. F. U/»^Jla['e, clerk, furrogate of the faid H J. and other judge in this behalf co:r,petep,t, and every of them, to be circled, to prohibit them and every of them, that the plea aforefaid the pr.?mi!k's any ways touching'-, before them, or any of tlv m, they may not farihtr hold, nor iiiavany of them hold, and if any fentence or fentenccs cf excommunication againll hiin th^ faid J. S. by rcafon of the premiffiS only they have pronounced, or any of them hath pro- nounced, then hiin the faid J. S from thence they wholly may abfolve without delay, and every of them may abfolve : And to I him it :s granted, E it remember'd, that on IVednefJtiy next Suggtftion o« J3 after the cf^ave of St. f/z7/(7'>' in this fame modns to pay term before the lord the kin^ at Wcjim-njler com-rs John Aaams r^"°y fo"" * of the pariOi of /^^y^row^t//^ in the county of Slrifforti, yeoman ^ '"' "^ "'• • in his proper perfon, and gives the court of the faid lord the king now here to underlland and be informed, that all and fingu- lar pleas and a.*Tairs of and concerning all prcfcriptions and cuf- toms whatever within this kingdom, and the cognifance of thofe pleas to the faid lord the king and his royal crown efpecallv be- long and appertain, and ought and always hitherto have been accuftomed to be tried and difculled at the common law in the courts ot the faid lord the king of record, and not in tbc eccle-^ fiaftical court : And whereas within the parifh of //c/'^At"'''^ 't the county of Stafford aforefaid, and the bounds, limits and tiJiable places of the fame pariili, there is and for timeout of mind hath been a cudom and manner of tithing, to wit, that all p.nd (ingular the proprietors, or their farmers or occupiers of any lands, incadow or paflure within the parifli of Ihmjx'.orth afore- faid have paid, ardhave been ufed and accuflomed to pay yearly to the rcdtorof the reftory of the parochial church ot H,i>ifioarth aforefaid for the time being, or his larmcr thereof, for every niilch-cow within the parifti of //r/n/"'7< ot /A aforefaid dcpaflured, had and kept, one penny, and for every calf number fcvcn Srom fuch cows within the par'lh of Ilanfiuort/i aforolaid had and rear'd, one hnlf penny, in lieu and full faiisiaftion and difcharge of all tithes of herbage of fuch cows, and of milk, butter, chctle, and of fuch calves Ironi the cov^'S aforefaid hcv^'tvcr happening, ^rowin^, i^l Prohibition. gto^7in^, renew'ng or arifing ; w'lich laid feveral fums of inonc^ fo payable and paid, all and lingular the rectors of the ciuirch Ri'orti:ud for the time being, or their farmers thereof, for all the time aforefaid yearly of fuch occupiers, in full fai:staftion and difiharge of all and fingular the tithes afortfaid happening, re- newing and aiifmg, have accepted, received and had : And ■whereas the fame Jo/in ha?, holds and occupiers, and for five years now lafl: pafl: hath had, held and occupied certain parcels of land and meadow, called the Linle Pi.r'i Meaduivs within the parifh of Hanjnvorth aforefaid, and for that time the faid John hath kept and depaftured in and upon the fame parcels of land and meadow wiihin that pariili two miich-cows, from which faid two cows he hath had and reared yearly within the parilli aforefaid two calves: Meverthelefs one Thomas Onke"^ being reftorof the reftory and pariih church of //««/?'. o>//^ afore faiil, not ignorant of the premises, him the faid J. A iams againft the 3^4- J due form of the kw of this kingdom of EtigLind, and againft the cuftom aforefaid, to aggrieve and opprefs, and the cognilance of the plea, which to the court of the faid lord the king now here belongs, to another proof in the court chriftian to draw, him the faid Jo/in in the court chriftian before the venerable and ex- cellent man R. Raines, knr. dodor of laws, official principal of the cor.fiftory court of the bifhop of LitchfieU, l^c. or his fur- rogate, hathdrav/nin plea, craftily and fubtilly libelling rgainft the faid 7o/^« in the fame court chriftian, among other things, that by an ancient and laudable cuftom within the parifh ot Uanf- -.y^.'/Tafcrefaid, and the bounds, ^c. ufed, approved and ob- tamed, every foreigner living out of the parifh of Ucnfxvorth^ forefaid having land, \^c. lying and being within the parifli of ianyvjorth aforefjid, and depafturing the Yaid land, tifc. vrith bealls or fliecp to the reftor of the re6\ory of the parochial church of Htmfivort^ aforefaid for the time being, or his farmer or col- ledor of*" the tithes, according to the true annual value or rent of the faid land, tV. lying and being within the parifh of Harf- ivort/i aforefaid, and by him depaitured, to wit, the fum of 2 j. of lawful money of England for every 20 s. that the faid land was yearly worth, for and in confidcraiion of the tithes of the her- bage, Cifr. of the faid land, ^c. and of the beafts and {hzep therein, and on the fame depaftured, yearly and every year hath been accuftom.ed, ought and was bound to pay, and that in the months of M^rf/^, ^c. intheyear 1692 and 1693, and in the months of M?;r/?, l^c. in' the year 1694, or of either of them, tffc. the faid Jo/in Adams was a foreigner, and lived out of the pmirii of //-7^/itor//z aforefaid, and within the pariih of ;rf/7fow- ivith aforefaid, and held and occupied land, £fff. lying and being nvithin the parifli of Hanftuorth aforefaid, and the bounds, l^c. of the yearly value or rent of 3 /- which the beafts and flieep for all that time, ora great part of the fame, he depaftured and er,t vp, i^c. and him the faid John in court chriftian before the faid judge fpiritual on the account aforefaid to appear, and to ■^ * *^ the t Prohibition^ 3.23 tne faid Thomas O^/fj to anfwer of and upon t!ie premiCs, hnth v.-ror^fully compelled and obliged, when in truth he the faid John no beaft or flieep within the pariili of Flmfi-jort/i aforefaid ct, out or upon the faid parcels of land and meadow, called the Li:i!e Park 'iVUrJoivs aforefaid, or in any other place, in the months in the years aforefaid ever depaftured, had or kept, ex- cept the faid two milch-cows before-m:ntioned, and twu calves from the faid two cows yearly during the time afoiefaid had and brought up J and altho' the faid John Adams always at Hanf- luorth aforefaid was ready and offered to pay to the faid T. Onhes yearly and in every of the years aforefaid two p^nce for the faid two cows yearly within the parifli aforefaid depaftured, and one penny for the two calves aforefaid yearly had and reared, ac- cordinp- to the cuftom and manner of tithing aforelaid ; and altho' the fame Jihn all and lingular the premiifcs in this fugg^f- tion contained in his difcharge in the co irt chriftian aforefaid liaih pleaded, and by inevitable teftimony hath offered to prove them : Nevenhelcfs the fame judge fpiritual the plea, allegati^in and proof aforefaid, to admit or receive hath wholly retufed, and to caufc him the ^^id John Auams to pay the money afore- faid in the libel aforefaid fp^^citied with all his might endeavours and daily contrives, in contempt of the faid lord the now king, and to the minitcft damage, prejudice and grievance of him the iaid John, and againft the due form of the law ot this kingdom of England, and the prefcrlption and cuflom aforefaid ; And this he is ready to verify : Wherefore the faid Jjhn thQknrnItation purification of the blefT.-d Miry comes here into court the faid '''''J^'J ^""i, "**' i:homas Oakes by John Lilly \\h attorney, and prays the writ of f^^'gl.aVn In the lord the king of ccnfultaiion of and upon the premiiR-s to the f^" monih« ac- venerable and excellent man Richard Raines, knt. doctor of cofling lo i 5e laws, ofiicial principalof the confiftory court of the bilhop of 3. *5-*;. i3' LitchfieU, or his furrogate, or other juJge in this bL-half com- petent, to be directed, becaufe the faid 70^'" A lams within fix iiionths next after the granting of the prohibition alorcfiid his fuggeflion aforefaid with fufficicnt tcftimony, acconlin^ to the fonuof the flatute thereof made and provided, hath not proved i whereupon, becaufe it manifefily appears to the court of the f^id lord the king now here, that fh'.- faid Jihn Adams \\\\\\\n fxK Vox,. I. "^ Nn iijonilis ^241 I^rohlbition". rhontlis after the fau^ JVednefJ.-iy next after tliree weeJcs of* ilie Holy Trinity lall palt his fuggeflion by fuilicic-nt witnefTes, ac- cordiijig 10 the ftatute atorefaid, hath not proved, the faid fpirltiial judge IS commanded by writ of ilie faid lord the king of conlul- tation, that in the caufe aforefaid betwetm the parries aforefaid, r 525' 1 with all the fpeed he can, according to ihe law ecclLfiaftical, he may proceed, the fai«l v/rit of the faid lord ilv. king of prohibi- tion to him in form aforefaid before to the c/ntrary dinfli d in any v.-ife noiwithftanding ; and farther, according to the forn: of the ftatute aforefaid, the court of the faid lord the king now Judgtrifnt for here adjudged to the faid Thomas Oakes for his cofls and charges double ccfls. which he hath fullaineu by reafon of the profecuting of the faid writ of the lord the king of prohibition, befides his damages; 515. and for his damages \os. which faid ccl'is, charges and damages being doubled according to the form of the faid liatute, amount in the whole to 61. 2 s. and the faid Thomas Oakes may have thereof execution, l^c. Fofier and another againft Hall, Hill. 7 W. 3. Rdl\z'^. Declaration on Staffer Jy to wit. "O E it remember'd that on Friday next after a modu? tn pay _L5 I 5 days ot St. Martin in Michaelmas X&rva. i5d. a year for ]aft paft before the lord the king at IVe/imin/ler came IVilliam the tkhe of a j-^^^^. ^j^^ younger and li'illiam Hanvhisford, who as well for the lord the king as for thcmfelves profecute by Nathaniel Hickman their attorney, and produced here in the court then there their certain bill againft Thovias Hall, clerk, vicar cf the vicarage of the parochial church, of Bu/}ihury in the county aforefaid, in the cuftody of >he marflial, ^c. in a plea, why he profecuted a plea againfl them the faid W. Fofler and IV. Haivhisfard '\t\ the court chriftian after the royal prohibition to him firft to the contrary thereof ciircfted and delivered ; and there are pledges to profe- cute, to wit, Jofni Doe and Richard Roe ; which faid bill foliows in thefe word«, 10 wit, S l/ffoyd to vi'n, IVilliam Fofler the youngsr and IVilltam Hazviisfurd, who as well for the lord the king as for themfelves profecute, complain of Thomas Hall, clerk, vicar cf the vicarage of the parochial church of Eu/hhury in the county afor'^'faid, being in the cuftody of the marllial of the Marjfialfea of the lord the king b-fore'the king himfelf in a plea, why he profecuted a plea againft them the faid W. Fojler and IV. Haiv- kisford in ihf court chrifiian, againft the royal prohibition to them firft to the contrary thereof directed and delivered, for this, to v.'it, that whereas all and fingular pleas of and concerning prefcriptiops and cuftcms within this kingdom of Ergland., and the cogp'fance of the fnme pleas, to the faid lord the king and hi? rcyal crown tfpecially belong. and appertain, and at the com- mon law in the courts of the lord the king of record, and not ia tie Prolilbitlon, 325 tlic eccUfiaftical courl-, ought to be tried and diuiified, and a!> ways hitherto have been accuftomed ; And whereas all and fin- gu'ar [he occupiers, tenants and farmers of one inefliiage, one garden, loo acres of land, 40 acres of meadow, and 200 acres of pafture with the appurtenance.^, cominonly called IVobnfton Farm in the pr.rilh of Bii/hhj.ry in the laid county of Stafford for the time being, have from lime immemorial been accurtomed to pay to the vicar of the vicarage ot the parochial church afore- faid for th-e time being, or his farmer of that vicarage, yearlf the annual fum of 15^. of lawful money of Erghjiul, in fall con^ tentation, payment and fatisiadion ot all and fingular the tithes v.'Jiatfoev>.'r of wool, lambs, pigs, geefe, milk, calves, apples, pears and p'umbs, of and from ihc fail mc-fl'uage and tenemenrs v.i[h the appurtenances, called Ifolajlm F.jrm, howfoover hap- pening, renewing or arifing, as alfo of all Eafhr OiFerings for the occupiers of the mtfluage aforcftiivl, and for the fame raef- funge ana g-^rden, ?-nd alfo of all other faiaVl tithes whatfoeverto the vicar of ihe vicarage aforefaid for the time being of and from the tenements aforefaid yearly paynble : And v/hereas alfo the faid IV, Fojhr, on the 26th day of March in the fi.'th year of the reign of the lord the now king and of the lady M^ny the late queen of England, was and yet is occupier and farnrtrr of the faid m.efliiage, garden, 88 acres of land, 40 acres of meadow, and 200 acres of pafture, with the appurtenances, parcel of the faid mefluaee and tenements called IVohnflon Farm : And whereas alfo the faid W. Ha^jjkisford on the fame 26th day oi March in the fifth year abovefaid was and yet is occupier and farmer ol ii acres of land, the other parcel of the faid mefTuage and tene- ments called IVobaftc'i Farm: Neverthelei's the faid Thomas Hal'y cleric, vicar of the vicarage of the pircchial church aforefaid, rot ignorant of the premiflcs, but contriving and intending them the faid IVilliam Fcfter and IVilluim H.iKvLisfird, againll the dae form of the law of this kingdom of Ergland, and againft the prefcripiior, and manner of tithing aforefaid, undi)ly to aggrieve and greaily to opprtis and fatigue, and alfo the fai.l now k:ng anil his royal crown to cifinherit, and the cognifance ot the plea, v-'hich to him the faid now king and his royal crown particularly belongs and appertains, to anoiher proof in the court ch.riftian to draw, them the faid ^/7//aOT /"'o/?^r and IVilliutn llmiiiffjt^ \n the court chr.fiian bf fore the venerable and excellent man Sir Richard Raires, knt. dodlor of laws, r.fficial principal of the confiftory court of the bilV.op of /.//fZ/f^/ lav.fiilly coiinituicd, f :^:f^ J hath drawn in plea, rrafdlly and fnbtiiiy libelling at-rinll him the The liUcl iz\.\ William Fo/!cr, that he the hWJVilUam Fojlcr inihf montlis of March, t^c. in (he year of the Lord 1693 and 1694. or of rhcm, tff. had, '^c. 10 buAiels or menfurts of apples, and 10 buHiels or ni'.afurcs of pears, wiihin the parifii of BuPihury aforefai 1, and the bouncs, Il'c. growing, and 60 ewe ihccp, end 70 barrc-n lliecp and wrthers one fov.-, and likewifc two geef?, in the faux par;th of I'ufhluvy af>.r'*'r>'" '" ''^t iiiontht ^26 I'rohlbition. and years ruorefaiJ, or of them, ^c. and Iiad from the fame ewe fliee.p, barren ili^ep and weihers 130 pound of wool there yearly and every of the years aforefaid fliorn, and of and from the lame 60 ewe fliecp 60 lambs there yearly and in every of the faid years bred, and of and from the fame fow 10 p'gs there yearly and in evcrv of the years aforefaid piga;ed, and of and from the fame geefe 20 e;oninus there yearly and in cvcrv of the faid years hatch- ed, and ths: within the parifli of B't/fihury aforefaid, and the bounds, l^c. there was a certain laudable and anciein prefcribed cuftom, that every mafter of a family any i^isnfion-houle and garden within the fame parifli having, ^f. and a family there Jcecping and maintaining, and divine fervice in the parochial church of llu/tihury aforefaid hearing, and the facraments and facranientals there receiving, or fo to hear and receive being bound, to the vicar of the vicarage of the parochial church of Bu/Jihiiry aforefaid, or to his farmer for the lime being, in the rame of certain rights or ecclcfiaflical emoluments within the fame par'.fli, commonly called linficr-Offsrings or houfe-duties, hsrh yearly paid, or ought to pay 3^/. of lawful money of ^^ng- /rtnr/ for himfclf, \d. for his houfe, commonly called a fmoak- penny, id. for his garden, commonly called a garden-penny, \d. for every milch-cow, \d. and \d. for every calf there brought forth, for and in lieu of the tithes of every fuch cow and calf yearly at the feafl: of Eajier -, and that the faid PFHliam Fojier in the months and years aforefaid was a matler of a family within the parifK of BuPibury aforefaid, and a family there yearly Jcept and maintained, and had a manfion-houfe, garden, and fix milch-cows within the fame parifli yearly brought up and with young : and that he the {^lid WiUlnin Fofierior at! the rime afore- faid divine fervice in the parochial church of Bufhbury aforefaid did hear, and the facraments and facramentais did receive, or fo to hear, ^V. that plea in the faid court chriflian after the royal ijrohiLiiion to him to the contrary thereof dirtfted and delivered, to wit, on the 22d day of No-vemher in the 7^1 year abovcfaid at Lit ch field Clofe in the county aforefaid, hath farther profecuted, the faid writ of the faid lord the king of prohib'tion to him to the contrary thereof directed and delivered in any wife notwuhftand- ing, in contempt of the faid lord the now king, and to the great Cii-maoe of the faid William Fojier and William Haivkisjord, and apainft the prohibition aforefaid ; whereby they the faid IVilliam Foftcr and William Haivl:isford, who as V7ell, l^c. fay that they are prejudiced, and have damage to the value of 100/. And therefore as well for the faid lord the king aS for themfelves thev produce the fuit, &'€. Itrpaihnce. And now on this day, to wit, T/iurfday nerA after the oflbve of Sr. Hillury in this fame term, until which day the faid Fho- mas had leav^ to imparl to the bill aforefaid, and then to anfwer, i£c. before the lord the king at IVelUnir.Jier, come as well the faid WiWnm Fojier and WiliiaTn Hav.'kisford by their attorney aforefaid, as the faid thmas Hall by John Lilly his attorney, and the Prohibition. t%26 tlie faiJ Thomas Hall defends the force and injury when, ifSc. ant ail contempt, ^c. and whatfoever, ^c. and fays, that he hatl id . . . , . th not profecuted the plea in the faid court chrill:an againft the royal prohiultioa to him to the contrary thereof before diref^jd and delivered, as the faid IViUimn F'jjltr and IVilliam Hnivki sfotJ, who as well, ^c. above by their declaration aforefaid fuppcfe: And of this he puts himlejf on the country: And the faid IF. Fijhr and IV. Haixkisford i\\srioi likewife, i^c But to have the writ of the faid lord the king of ccnfultation in this behalf, the faid Th-jmus fays, that he the faid Thomm for the time of the y^^^ the vicar lubtlratlion of the tithes in the declaration aforefaid above fpeci- always recciv- fied v/as and yet is vicar of the parochial church of Bvjri'ury td die tiihcs la aforefaid in the county aforefaid ; and ihe fame Thomas fartlier ^^^'^' fa)S, that all and fingular the vicars or that church for the time being have had and received, and from time immemorial have been accullomed to have and receive of all the occupiers, tenants ar.J farmers of the faid meffuage and tenements, called Wohcjlsn Farm in the pariiK of Bu/hbury aforefaid in the declaraiion afore- faid above-mentioned, all the tithes of whatever wool, lambs, pigs, geefe, milk, calves, flax, apples, pears and plumbs, and alfo all Ea/ier-Offefings for the occupiers of the meflua^e aforefaid, and for the lame meifuage and garden aforefaid, and alfo all other fmall tithes whatfoever happening, renewing or arifmg in their proper kind yearly, of every occupier, tenant and farmer of the laid meifuage and renemen;s called y/obafion Farm aforefaid, with the fame vicar or his farmer thereof for the time being for the fame tithes yearly have compounded ; and becaufc the faid I'/il- [ 327 ] .It am Fojier -drwX IVilliaTn Haivhisford, being inhabitants within And bctaufrth* the pariih of BuMury aforefaid in the county aforefaid, the faid r'^';;''^'^ '\="' tithes in the months and years m the declaration aiorefaid njcn- .^^^.f h^ fucd tioned wit.iin the pariili of ^iz/^.l'/ry aforefaid happening, renew- thcm'inihc ing, growiiig and arifing to the in'.d, Thomas Hall, vicar of the fpiritual court. church aforefaid, in the right of thst church in the fame years belonging, had from the faid Thomas Hall fubl1ra<5t^d, the faiJ Tho'iiits Hall then the faid IVilliam Fo,fler and IVilliam Hazvkis- yin/ in the court chriiVian, before the faid judge fpiritual, of and for the fubliradion of thofe tithes in the faid months and years ill the declaration aforefaid fpecificd, before the prohibition of the faid lord the king to him to the contrary directed, and dtli- vercd.did draw in plea, as he lav^fuHy might ; without this, that Traverrcof ti all and fingular the occupiers, tenants and farmers of the faid niodui. iTieffuage, garden, 100 acres of land, 40 acres of meado'.v, and 200 acres of pallure vvi;h the appurtenance^, called Ifiba/lon Futm in the parifliof Bu/}tbu)y afor.fii.l in the county afor;!aiJ, from time immemorial have paid, and been accudomed to pay, to the vicar of the parochial church oi Bu/hbury aforefaid for ilie time being, or his fanner of that vicarage yearly, the annual funiof 15/. of lawful money oi Enf^lan.l, in full contentaiion, fatisfaQion and payment of all and fingular the tithes whatever of wool, lambs, pigs gecfL-, milk and calves, fla;:, pears, apphs and N n 3 plumb J, 'i^7 Prohibition. plumbs, of ami from the fa'ul nieflliage and tenements aforefaiJ with the appurtenances, called IVob.i/ion Farm ai'orefaid, howfo- eyer happening, renewing or arifsng, as alio of all and (ingulur Eitfler-Offerivns for the occupiers ot tiie niffl'unge aforefaid, and the faid lUtfluage and garden aforefaid, and alfoorall other fmall tithes whatfoever to the vicar of the vicarage aforefaid for the time being of and from the tenements aforefaid yearly payable, a? the laid IVilliam Fojier and IVilliam Haixkisford by their de- claration aforefaid above fuppofe: And iliis he is ready to verify: Wherefore he pr,iys jjjdgnient, and tiie writ of the faid lord the king of confukation to him in this behalf to be granted, l^c. jeueonthetra- ^^"*^ ''^° ^^'^' IVillia^n Fojier and WiUinr?! HawkisfortI, who as ycrfc. well, i^c. fay, that by any thing by the faid Thomas Hull nhoxQ in pleading alledged, the writ of the lord the king of confulta- tion to the faid Thomas ILill ought not to bo granted, becaufe, as "before they fay, that ?.ll and fingular the occupiers, tenants and farmers of the faid nieffaage, gsrden, loo acres of land, 40 acres of meadow, and 2.00 acres of pafture with the appurte- nances, called IVohiijlanFutvi in the p-irifii of Bu/hbwy atorcfaid in the county aforefaid, Iron) time inunemorial have paid, and been accuftenied to pay, to the vicar of the parochial church of Fiiijhhvry aforefaid for the tiine being, or his farmer of that vicar- age yearly, the annual fum of 15 s> of lawful wonty oi Englar.ii^ in full contentation, fatlsfa(lion and payment of all and finoulHr tithes whatfoever of wool. Iambs, pigs, geefe, miik, calves, fjax, apples, pears and plumbs, of and from the faid mciruage and te- nements aforefaid with the appurtenances, called Wohaftm Farm aforefaid, howfoever happening, renewing or arifing, and alfo of all Eafifj-Off'erings for the occupiers of the mefluage afore- faid, and for the faid meiluage and garden aforefaid, and alio of all other fmall tithes whatfoever to the vicar of the vicarage aforefaid for the time being, of and from the tenements aforefaid yearly payable, in manner and form as the laid IVilliam FoJler and IVilliam HaiJtikisford by their declaration aforefaid above fuppofe: And this they pray may be inquired ot by the country : And the iaid Thomas iiicewife, l^c. Therefore as well to try the ifTue aforefaid, as the faid other ifiae between theparties aforefaid above joined, let a jury thereon come bciore the lord the king at IVejl- i,iinjler on WednefJay next after the oilave of the purification of the bleired Mary, and who neither, lie. to recognife, iz'c. becaufe as well, fe'r. The fame day is given to the parties aforefaid there, He. The lurata. Stafford, to wit. '~|~^ HE jury betv;een IVilliim Fojier the ycung- \_ er and Willinm Haivhisfcrd, who as well for the lord the king as for ihenitclves profecute by their attor- ney, plaintiffs, and Thomas Hail, clerk, vicar of the vicarage of the parochial church of Bu/J,bu>y atoreiaid in the county aforefaid, defendant, in a pU-a, why he profecuted a plea againft them the faid IVilliam Foflcr and IVilliam Hain.kisford in the court '■' • ■ ' ' " chriiliaa Prohibition. I ,S^7 •chnftian after the royal prohibition to him firft to tlie contrary thereof directed and delivered, is put in reipite until IVuhiefday next after i 5 days of Enfcr, unlefs the juftices of the faid lord the king, afligncd to take afliles in the county aforefaid, fliali firft conie on Tuej'Juy the 24th day of Mi.rch at Sti'ffoi-ii in the county aforefaid, by the form of the ftatute, for want of j'irors, tfff . and let the flicrift have the bodies, tff. The fame day is given to the parties aforefaid there, f f. And be it known, that the writ of the lord the Jcing thereof on the i2t.h day oi Fibruary in this fame term before the lord the king at fVe/rmin/ier is deli- vered of record to the under-Hierinr of the county aforefaid, in form of law to bexxecuted at his peril, is'c. Afterwards the day and place wiihin contained before Swuucl -pjjj rcjle$- £yrf, knt. one of the juftices of the (aid lord the king, aftlgneJ ,to hold pleas before the king himfelf, and 'Thomas Bnitun, cRj; to the faid Samuel Eyre and Thovias Rshby, knt. another juftice r ,j8 ] ef the faid lord the king, alTigned to hold pleas before the king himfelf, juftices of the faid lord the king, affigned to take allifes in the county of Si.ifforJ, by the form of the ftHtute,^^. this time alfociated, the prefence of the faid T/ic/mns Roluby being not ex- pected, by virtue of the writ of the faid lord the kingof 6'»wo7 omnes, ^jfc. come as well the within nauied IP'illiam Vcfter and Wdiiam Haijjkisford, who as well for the lord the king as for themfelves profecuts, as the within written Thomas Hull by their attornies within contained j and the jurors of the jury, whereof mention is within made, being called, fome of them, to wit, Richard IVilkes, Thomas FieUhouJe, T. P. and J. F. come and, on that jury are fworn j and becaufe the reft ot the jurors ot that jury Talcs, have not appeared, therefore others from the by-ftandcrs by the flieriff of the county aforefaid hereto el. fled, at the rcqueft of t4ie faid I'VilUfim Fojier and IVdliam Haixki^ford, and by the coni- Hiand of the juftices aforefaid, are added anew, whofe names are put to the panel v/ithin written, according to the form ot the fta- late in fuch cafe made and provided, wh.'ch fiid jurors fo added anew, to wit. J. Palmer, J. C T. P. T. C. T. H. L. D. . „ g ^ g y. /('. and T.C. being ca'kd likewife come, who to fay the 3 g. a- c. 25! truth of the within contained, together with the other jurors 7 & 8 W- 3. c aforefaid firft impanelled and fworn, being elected, tried and 3*- § 3- fworn, fay upon their oath, that all and finj^ular the occupiers, t^'nants and tarmcis of the within written meifuage, garjcn, 100 seres of land, 40 acres of meadow, *and 200 acres of paflure with ?he appurtenance, called 14'obajlon Farm in the pftrifli ot Bu/hbury w.thin written in the county aforefaid, for ti;ne imme- morial have not paid, or bt-rn accuftomcd to pay, to flic vicar of the vicarage of the parochial c\\\itchoi Bu /hi uty aforufiiid lor the time being, or his farmer of that vicarage yearly, the annual luin of 15 s. of lawful money of Evglnnd, in lull contcntation, falis- faflion and payment of all and fin-^ular tithes whatcvi r of w.;ol, lambs, pigs, geell-, milk, calves, flax, apples, pears and plumbs, of and from iho faid mtftliage and tcncmcnu aforefaid v.iih ihc Nn 4 1 ai>pur- 3:S Prohibition. appurtenances, calleJ H'obajlon Farm aforefaij, howfoever liap- pciiing, renewing or arifmg, and likewife of all Enfler-O^er- it:^s tor the occupiers of ih^ mefluage aforcf lid and gardtn atore- faid, an i alio o\ all Iniall i tbes whatever to the vicar of the vi- carage aforefaid for the time bci.'V^, of and from the teneincnis afortlaid yearly payable, as the faid 1 /loin^s within for hiirdclfiu pleading haih alledgcd : Therefore, l^c. Judgment j or i':e defendant. Collet J knt. againR Lhyd. Decliration on Midd'efeXy to w'n. TyF^ it remember'd, that otherwife, to w^ir, a prohibiiion to j^ ill T//»//j; f« rn: laft pall before the lady thecouitofho- ^^q queen at IVejlr/iinJier came James Collet of London, knt. Bour concern- ^j^^ ,^^ ^^]| ^^^ ^j^^ ,^j ^^^ ^.^^^ ^^ r^^ hiir.felt profecutcs bv ine the allum- o ,1.) r u- a \ , i • i r ■, ' ing a coat of '^•. '■^^^jO'^ his ittcrney, and produced here in the court of the aim.«. f^id lady the queen then there his certain bill againU A'. Lloyd^ FarcH-'jas. do^or of laws, in the cudody cf the niar/l;!), &r. in a plea, uhy he profecuted before Henry earl of bindon, of the lord uiar- i\v.i.] oi England, by the r^yal approbation, deputy cr vicegerent, after the royal prohibiiion to hiiii firft to the contrary thereof di- rected and delivered ; and there are pledgts-to profccute, to wir, Jo/in Doe and Richard Roe ; which laij bill follows in thefe v-orcs, to wit, MiddL-fex, to wir, James Collet of London, knt. vho as well for the lady the queen ts fur hinifelf profecutes, complains of /V, Ll>yl, doftcr of laws, being in the cuftody of the niarfital of the Marjhjjea of the lady the queen btfore the queen herfelf in a pica, why he profecuted before Henry earl of Bindo'}, of the lord marllial d England, by royal approbation, de- puty or vicegerent, after the royal prohibition to him firft to the contrary thereof directed and delivered, for this, to wit, that where- as by the great chatter of the liberties of Z:;_g/.i;,Jinade and prc- 5 a. 3. c. 29. vjjgj jj, [i^g gjt^ year of the reign of the lord Henry the third late king oi England, predecelfor of the lady the now queen, to wit, in a parliament held ai IVe/imlnfler m the cowrAy o^ Middlefex, ic was and is ordained and eftablifh^d, that no freeman fhould be taken or imprifoned, or dilfcifed of his freehold or liberties, or free cuftoms, or be ouilawed cr exiled, or any otherwife deftroy- ed, nor would the king pafs upon him nor c-onder.m him but by lawful judgment of his peers,. or by law of the land, as in the fame ftatute more fully is contained : And whereas alfo the faid JamesCollet is a freeman of England \n the kingdom of Eritair, and the tree culloms of England ought to enjoy, and againtl the fame ought not in any wife to be difquisted or molefted : And whereas in and by a certain other (latiite made in a parliament 8 R. 2. c- S. in t],e Sth year of the reign of the lord Richard the fccond late Yw^^o^ England, l^c. it was enafted, that all pleas and fuits touching the common lav/ iliouid not then after be drawn or held by any means before the conftable and mariha! zi England : And whereas Prohibit Ion. J32S whereas alfo in and by another ftatute in a parliament held In the 13th year of the reign of the fame late king, and by divers 13 K.- 2. c z. other laws and ftatutes of Euglati./, it is provided, that to the conftable and inarfli^l it pertaineth to have cbgnifance of con- irads touching deeds of arms :ind war cut of the reahii, and alfo of things that touch war within the realm, which cannot be de- f ^20 1 lerir.ined nor dilcuffed by the common law ; And whereas the court having cognifance of contracts touching deeds of anus and v/ar, ought only to be held before the conftable and niarilul of Eri^lanJ, and not before the marllia! only ; AnS whereas alio the court atorefaid by the law of the land ought to be hehl before the conftable and marihal of Englun-/, and not before the deputy or vicegerent of fuch deputy of tliein, or either of them ; and v^hereas alfo no freeman of Erg/anJ by the laws of En^umd ought to be attached by his body, or detained in cuftody un^il he fliall give furety to anfwer cr obey any order or decree in tl:e faid court of honour, and the cognifance of all pleas and plai:us of and concerning the painting and ufe of any coats of arms upon chariots, cr otherwiic, to the prejudice or damage of any fub- jeft of Erglandy or otherv/ife, to the common law, and not to any court of honour rightly and juftly belongs : Neverthelefs one l^iithaniel Lhycly doditor of laws, advocate royal in the court of honour, contriving and intending the faid Ja>ms acrainfl the laws of the land unjuftly to opprefs and aggrieve, caufcd him the faid "James to be cited, to wit, at IVefiminJler in the county of MiJdUfex aforefaid, that he /]\ouKl appear before Uenry earl of Blndon, of the lord marilial of England, Iffc. by royal approba- tion, deputy or vicegerent, or before his deputy or furro^ate, Cfff. to anfwer :o certain articles or heads within nienticneJ concerning his contempt of the jurifdiftion or authority of the court of lionour aforefaid, and the law of arms, and efpecialiy in bearing, ufurping, Hie wing and making arms and coats of arms, as the arms and family coats of arms of him the f^iid Jumes, and farther to do and receive what fliall be ju(l in that behalf, artd hath alio thereupon procured a certain decreet© attach and detain him the faid Jamn in cuflody until he /liould put in furety in 50/. and in cafe he /houM not put in fuch txxrtiy on or before, felf, or bear aruis, or coats of arms, cr a creft, tJiiicfi J^e has iheni, or ought to iiave them, by the right of his cncellors, or by the gift of fome pcrfon having fufficient power for that purpofe ; ana we object jointly and Severally, and of ^stT'j one. hem. We objeft and articulate, that you the faid fir 'James Collet never hau, nor have any arms, coats of arms, or a creft, to you and your family lawtully belonging, at leaft the arms, coals of arms and creft within dcfcribcd, to you and your an- ceftors did never la\vfully belong, nor do belong ^ and we objcft as above. Item, We obj'ft and articulate, that notwithftanning th? preniifTes, but they being true, you the faid {\rjui>ies Collet well Icnowing the premilles, in the months of December, 'Janumy^, February and March, in the year of the Lord 170J, and alfo in the months o^ March, April and May, in the year of the Lord 1707 now current, and of them months every more than one or fome the arms, coats of arms and creft, of the Icrm in the fhieKl of arms hereto annexed within defcribed, to wit, fable on a che- veron between three hinds pafTant argent i'\nnule'i of the fisid, the creft a hind argent pafTant, as your proper fauiily arms, coats of arms and creft, in faft on your chariot on both flJescaufed to be painted, and them for the arms, coats of arms and creft to you and your fan-.ily proper, and to you and your family lawfully belonging, on both fides to be borne and ftiewn, commanded, at leaft permitted: In ail things neverthelefs un- juftly and without any rig'it and authority, and in contempt of our jurifdiflion and authority, and the duty and law of arms, and to rlie intolerable injury of the nobility and gentry of this fa- jnous kingdom of England ; we obj.-ft neverthelefs of every other- lime, ^c. and we objeft as above. Item, we objeft and articulate, thai: you the faid fir y'/we^CoAW was and are of the city of LonA'in, and to the jurifdiftion of our court of honour fubjeel ^n^ liable ; and we objedl as above. luiii, we object and arf!CLilalc, that of and upon all and fingular the premilles it wss ami is on the behalf of the faid venerable man Nathaniel \ 330 j Liyi, dodor of laws, in our faid court of honour advocate royal, to us and our faid court of honour faid, articulated and quere- lated ; and weobj.ft and articulate as above. hem. We objcd.and articulate, that all and fingular xV^ pre- milles were and are true, pubiick, notcricus, manifeft alfo and famous, Prohibition," f!© fimous, and of and conceiri i^ the lame was snd at prefent is the piiulic tplk and Gilcourit ; whertof proof being; made cf ricrht in ih).5 bciiaif rcquiiue, the party proponent pr.ivs right and juftice to hiuj ;.!ui his party to be oone i.PQ ac'miniitcrtvl with eiilxt ; and you the iz.'l iir Jur.e.' L-Jlet in the months and years articulated, or of the lame mocihs one cr 'onie, the coat of arms and creft, ic the \hw\.\ oi arms in thef. u.iicles painted and dtfcribed, as your proper fcmiiy coat of arjiis and creft in faft on your cha- riot on both fuies to be painted, and by you cauled and procur-rd to be uTurprd, and them tor the arms and -creft to you anJ your ftrnjly proper, and to you and your faiiiiW belonging on both fi^'es to be borne and iliewn, to have commanded, at leaft to have pcrmiited, in contempt of our right, jurifuidion and au- tboruy, and the cfii:e and ]:.w of arms, and to the intolerable injury of the nobility and gentry of this famous kingdom, to be pi-onounced, decreed and declared j and you fir J. Collet, for fuch your exceeding raflinefs in the premiiFes, according to the courle ofjuftice and law of arms to be corrctted, and that from the like an.i from bearing and ufurping the fdid coat cf arms and creft for the future you may abftain, to be admoniOied, conftrained and conjpclled, as alfo in the expences of this fuit and plaint made and (o be nia'^e to the f'.id venerable man Na- ihiiniel I lojiJ, do<2:or of laws, in our court of honour advocate royal, to be condemned, and to the eft' flual payment of the fame to be iorced and compelled, ought to be pronounced and declared, and further to be done, ?ppv inrc.! and decreed, what iliall be right and confonant to realon and the law of arms, the fevtral things moreover propoun.'ing jointly and fcverallv, and not obliging himfelf to prove all and lingular the premiftes, nor to the burden of fuperfluous proof, but that fo far as he fliall prove in the premifies he may obtain in the demanded, the bene- fit of the law of arms in all things always faved, your office fir the judge mcft humbly imploring ; and ahho' the faid Jatnes all and fingular the prem;fles above meniioned before the faid lord the carl ot Bi/.^onin his defence againftany farther proceedingsora the articles aforefaid hath pleaded and alledged : Neverthelels the faid NathunielWnu the faid 'James, by colour of the premifle* to aggrieve and opprefs, a certain definitive fentence of the 0.ii K^rd carl ot Bincioti, or his dcpu'y, on the premifles endeavours to procure, in conien pt of the fiid lady the now queen, and to tjie manifeft difinhcritancc of her royal crown, and againft the form and tff-.6\ of the law and ftalutes aforefaid, and lo the da- iita'^e and prejudice ot the faid James: •And altho' the faid ♦ ^^^ Ip f«r n James LuUet aiierwanis, to wit, on the cay or June m the conluUitivu. year of the reign of the faid lady the now queen, at IVtft- tnin/ler aforc^z'i^], delivered lo the ia\i!i Nat/u/niei UjyJ the writ of the fdid lady the queer of prohibition lo the contrary thereof: Neverihelcfs the faid A'al/ianiel halh not ceafed from larther pro- I'-Cuiing that plea, but that plea before the faid Ifenty carl of ^indo/i, or his deputy, af:cr ihc royal prohibition tu him to the con- 2,3^1 Prohibition. contrary in form aforcfaiJ direcled and delivered, to wir, the day and year lalt abovefaid at IVef.mir.Jler aforelaid, hath farther prolccuted thefaid writ of the faid hidy ijie queen of prohibition to him to the contrary directed and delivered notwithftunding, in contempt ot the fail lady the now queen, and to the damage of thefaid Jatnes, who as well, ^r. loo/. And therefore as well ior the faid lady the queen as for himfclf he produces the fuir, tTf, , , ^ Ami now on this day, to wit, H'eJnefilnj next after i c days Oi i!.ajler in this lame- term, until wnich day the laid Nuinuniel had leave to imparl to the bill aforefaid, and then to anfwer, l^c. before the lady the queen at IVeJhn'injlcr comes as well the faid y'lmes by his attorney aforefaid, as the fiiivl Kat'ifmitl Lloyd by "John S/iazv his attorney ; and the lame Nulhaniel defends the lorce and injury when, Iffc. and all contempt and whatfoever, i^c. and iays, that he hath not profocuted the plea abovefaid be- fore the faid Henry earl of Bi'idon, of the lord marflial of Eng- lanjy ^c. by royal approbation, deputy or vicegerent, after the royal prohibition to him to the contrary thereot direfted and de- livered, in manner and form as the laid "James CoUet, knf. above in declaring hath alledged : And of this he puts himfclf on the country ; And the fame James Co/let, knt. who as well, is'Cf likewife : And as to the procuring a certain decree to attach and detain him the faid James\i\ cuftody until he put in furety in manner and form as by the declaration atoreiaid above is fup- pofed, the fiime Nathaniel Lloyd fays, that he hath not procured any decree to attach and detain him the faid Ja>nes in cuftody un:i! he put in furety in manner and form as by the declaration sforefaid above is luppofed : And of this he pu's himfelf en the country: And thefaid James, who as well, l^c. likevvife : But J-iea for a con- tohave the writ of the lagliin, I znd marllial ot Eng- Lind, or cither o( ihcm, or before their deputies or vicegcrcnis, or furrogatcs, or the deputy, vicegerent cr furrogatc, ot cither of them, or other judge in ihpt behalf compri* ni whatever, in a certain place judicial, and at a certain day between the hour* pnf:xcd 6:> Cuaom. J)U I J Prohibition'^ prefixed then next following, to anfwer to articles, fieans orlr*' terrogp.torles concerning fnch his or their contcmpr cf the jurif- ciiaion of the conftibleof England and the niarilinl oi Engla^.d for the time being-, or either of them, ami of the ofike and law ofarin<;, in bearing, ufurping, shewing and caufing to be u fed srms, and -^oats ot arms, as their proper family arms, which to Tuch perfon or perfons did in no manner belong, and which of right and by the law of arms fiich perfcn cnuld not nor ought to bear, and farther to do and receive what flia'l be ritdu in that behalf, at the promotion of fuch advocate royal, or otlicr perfon that fuit in the fame court ex Officio promoting, and what they :naould do in the prcnfwTjs, to the fam^ conftabie of ErgLmd and marfhal of England for the time bting, or either of them, or to their deputies or vicegerents, or furrogates, or to the deputy or ■vicegerent, or furrogate, of either of thtm, or to other judge in that behalf competent, they fbould duly certify, together v;ith that proccls ; snd by virtue of fuch proccfs fuch offici rs have Cdufed to be cited fuch defendants in fuch procefs named to ap- pear at fuch place and tinre in fuch procefs exprelTed, according 10 the commmd of that procefs : And the fame A'. Lhyd further fays, that C^^rA'j the fecond, late king of f/'^/rtwd', by his letters patent fealed under the great feal of England, bearing date at IVefim^r.fter 19th day of Odober in the 24th year of his reign, gave and granted to Henry then lord Hoivard, baron Hoivard of Cajlletipng, and afterwards duke of Norfolk, the office of raar- flial of England, with all dignities, jurifdiftions, rights and ad- vantages vv^hatfoever to the fame ofnce belonging and appertain- ing ; To have and to hold the fame office v/ith the appurtenances i 33^ J to t^iC faid Henry then lord Harvard, baron Hoivard oi Caftie- riftng, and afterwards duke of Norfolk., and to the heirs male of his body lawfully begotten, to beextcured by himfelf or his fuf- ficient deputies ; bv virtue of which faid letters patent the faid Henry then lord Haivrird, baron H 'v:ard oi Cpfilerifing, and af- terwards duke of A'ar/u//^, was feifcd of and in the office afore- faid with the appurtenances, as of fee-tail to him and his heirs male of his body lawfully begotten ; and fo being fcifed after- wards, to wit, on the 12th day of January \r\ the year of the Lord 1683 at PFeflminlhr aforefaid died, whereby the office aforefaid v/ith the appurtenances then and there defcended to //fnr)' late duke of Norfolk, as fon and heir male of the fame Henry lord Hoivard, barori Hoixinrd of Cnfllerifmg, and after- v/ar^is duke of Norfolk, whereby the fame Henry the fon, duke of h'orfolk, vjz% feifed of and in the office aforefaid with the appur- tenances, as of fee-tail; and fo being thereof feifed, afterwards and after theflature hereafter mentioned made, and likewife after the firfl: day of Enjler term, which was in the year of the Lord and above the fpace of 12 months and more the deputa- tion hereafter mentioned made, to wit, 2d day of Afril\x\ the year of the Lord 1701, at Wejlminfter aforefaid died without if- lue of his body lawfully begotten ; after whofc death the office aforefaid Prohibit lanJ ^^Z taiorefaid wiih the appurtenances defcended to 7homas now duke Cjt Norfnlky as heir male of t'ne hotly ot" the faid HentylorA h'oxv ardy baron Hoi.vard ci Ca/ilei i/m^, and afterwards duke of A'or- folk, lawfully begotten, to wit, as fon and heir male of the body o^ T nomas HoiuarJ, e'o^; deceafed coujiuonly called the honour- able T homas HoivarJ o\ IFgrkfop, fecond Ton of the faid //t';;r_y lord Ho-ward, baron Ho'ivard o{ Ca/lleri/hg, afterwards duke ot A^or- fotk ; by virtue whereof the faid "Thomas now duke of Norfolk was I'eifed and yet is feifed of the office aforefaid with the appurtenan- ces in fee-tail : And the fame N. iJoyJ farther fays, that the fame Hhamas duke of A'or/a//^ being fo feifed of the office aforcfaid, lor three months next after the time that he the fame Thoinas duke of Norfolk of the office aforefaid of maiflinl of Engl.ind fo as afore- faid was feifed, and more, intirely negledted to receive the facra- nient of the Lord's fupper, according to the ufage of the church of EnglanI, according to the form of the ftatute made in the parlia- ment of the lord Charles the fecond late king of EnoJauJ, held at IVejlmin/ferm the county of Middhfex in the 25th year of his reign, intitled, An acl for tre^jenting dargers luhich nay happen from popi/h recufants, and the facrament of the Lord's fupper afore- ij .^' *• '• '• faid, according to the ufage aforefaid, within three mon^ths next after the death of the faid Henry duke of Norfolk, the fon.or withi.T three months next after the time that he the fame '> h^mas now duke of Norfolk of the office aforefaid of marllial of England fo as aforefaid was feifed, or at any time hitherto, hath not received; ■whereby the fame Thomas now duke of Norfolk, by virtue of the ftatute aforefaid, b'.'came incapable to execute that ofn-ce : And the faid Nathaniel Lloyd, by leave of the court here to him firft 4 A. c it- granted according to the form of the ftaiute in fuch cafe lately made and provided, to plead feveral matters farther fays, that by the ftatute laft mentioned it is enabled and provided, that neither that adt nor any thing therein contained Jliould ex- lend, be adjudged or interpreted, to take away or make voi.i the grant of any office oroffic.s of inheritance, or any tec, falary or reward for executing hich office or offices, or thereto any wav- belonging, granted bv the faid late king, or any his predeceffijr'; to, or enjoyed, or which then attfr {hould be enjoyed, bv any perfon or perfons who /hould refufe or negleft to take the faid oaths, or either of them, or to receive the (acranient, or to fub- fcribe the declaration mentioned in that aft in manner therein ex- prelfed : N'?verthelefs fo as fuch perfon or perfons having or en- joying any fuch office o' offices of inheritance did or fliouui fub- llitute and appoint his or their fufficient deputy or deputies (which fuch officer or officers refpf divcly were thereby iin- powered from time to time to make or change, anv {oruicr law or ufage to the conir;iry notwilh(Unding) to exercife the laid office or offices, until fuch t'lne as the pcrlon or perfons Iiavi:)g Inch ol- fices fliould voluntarily in the court of chinccry b-torc the lord chancellor or lord keeper for the lime Wmg, or in the court of kin^» Irs^ Prohibition. ting's ben cTi, tatc tlic faid oaths, and receive t1ie facrarncnt ac~ coruing to law, and fubfcribe the faid declaration ; and fo as all find every the deputy and deputies foas aforefaid to be appoinied take the faid oaths, receive the facrament, and fubfcribe the faid declaration from time to time, as they iliould hnppen to be fo appointed, in manner as by that aft fuch cflTirers whofe depiiiies they be are appointed to do, and fo as fuch deputies be from time to time approved of by the king's mnjcfty on.'cr his privy fignet, as by that n6t, among other things, is more fully mnnifeft 2nd appears : And by reafon of the premifll-s, the fau^e Tfwnms duke of A'o>/er, efq; then lord keeper of the great feal of Erg- lanJ, the fame court then being at IVeJlmirJier in the county afore- faid, took the feveral oaths, commonly called the oaths of alle- giance and fupremacy, and the oath of abjuration, and likewife then and there fubfcribed the declaration in that cafe by the fta- tute required, as by the record thereof in the fame court remain- ing mere fuHr is manifcft and appears : And the faid A^ IJ y:i farther fays, that the lady the now queen, after the faid T/iomas duke of Norfolk had fo as aforefaid appointed the faid l!e»ry, now earl of Bin,lo'i, his deputy to execute the office aforefaid of mar- fhal of England, to wit, 24ih day of Augujl i 706, by her letters under the privy fignet at IVeJlminf.er aforefaid made, nccorJing to the form of the ftatute aforefiid approved the fame Henry earl of Bindon to be depu'y of the faid Thmas duke of Norfolk, to execute the office aforefaid, according to the tenor of the depu- tation aforefaid by the faid 1 hotnas duke of Norfolk to the fame Hsnry earl of Bindon as aforefaid made: And the faid A^ IJryd farther fays, that 26ch day of y^/r// 1707, and long before and continually afterwards from thence hitherto, the office of confta- bleof England was vacant, and that the fame fames Col'et, knt. on the i:i.i\\z i6th day of Jpiil 1707, and long before and con- tinually Prohibition. 33;^ tinually afterwards bore,caufeJ to be ufetl and ufurped, the arms and coat ot' arms contained in the articles in the faid declaration mentioned, as his family arms, which did not belong to hiin, to wit, at I'VtJlmirjier atorefaid in the county atorefaid ; whereilpon afterwards, to wit, the fame 26ih day of Afnil, at the promotion of the faid A'. Lloyd, being then advocate royal in the court aforc- laid, the fame henry earl of Birdon being as atorefaid, with the fiiyal approbatron, deputy or vicegerent, or furrogate, of the faid T h;mas AwVq. of Norfolk, lord marflial of EnglmiA, iSc. at M'^eji- Tiiinfter afore faid in the court of honour then and there held, fent procefs in writing, clirtfted to all and fingular juflices of ihe peace» fheriffs, bailiffs, conftables and ofHcers, and alfo to all his majef- ty's faithful fubj'dls whomfoever in and throughout the whole kingdom cf ErgL:nd whcrefotver corft'ttuted, but efpecially to Thomas Houfen.an, mandatory (-r marflial of the court of the faid thnry earl ot Bindon, bv the royal ?pprobation, deputy or vice- gerent, or furrogate ot the faid Thomas duke of Norfolk, lord marfhal oi tn^lund : by which faid procefs the lame Henry earl of Birdc,f!,hv the roval approbation, d.epury or vicegerent, or fur- rogate, cf ihe faid, 7A-77!'?i duke oi Ncrfulk^lord marflial o{ htig- lind, to all and fingular julV'ces of the peace, fheritfs, bailiffs, con- flables and cfiicers, and aiio lo all his ntajetly's fai-hful fubjefts whomfoever in and throughout the whole kingdom of England •wherefoever conftituteo, but efpecially to Thomtis Houjeman, man- datory or marfhal of ihe court aforelaid, jointly and fever^lly com- mitted, and by firmly injoining, commanded that they fhould cite, or caufe to be cited, peremptorily ihw faid ^\r James C-dUt, knt. that he fhould appear betore the fame Henry earl of Bin !o d, ffff, and the ofHce and law of arms, and particularly in benring, ufurping, fheu ing and cau(in;r to be ufed arms, and a coat of arms, as his proper laniily arms, and coat of arms which did in uo manner belon,; to him, and which by the law of arms he could not nor cu^ht in juftice to bear, and farther to do und receive v;hat fliould be right in that b^halt ; and that thi y fliould duly certify what they ihould do in tlie preuii/fes (o (he faid itinry car) of Bindon, by the royal ap- probarion, deputy of Hem y duke ot Norfolk, lord marflial ot Eng- land, iS'c. OT his vicegerent, or other judge in that behalf compe- rent whaifoever ; which faiil proc» fs afterwards, to wit, the fame day and year, at IVefh/iirJfer ^iorefiud, was delivered to the fame Thomas Houfcman in form of law to be executed ; by virtue of which faid j)roctfs ihe laid 1 liovi»s Hvufunan afterwards, lo wit, on the faid day of the return of that procefs, to wit, on the ♦yih> «isy of May lyo-j abovefaid in the c.-urt oi honou: afcrcfaid be- VoL. I. O fcxe Prohlbitlori. fore tlie faid Henry earl of B'mlon, ot" Thomas duke of Norfolkf lord inarlhal of Englatul, Iffc. by royal approbation, deputy or i 334- ] vicegerent, to wit, at IVeJluiitiJhr aforefuid returned the procefs aforefaid in all things ferved and executed, at which faiil court of honour duly there held, the faoie Jaines CoUett appeared and the faid Niit/}iiriiei LloyJ then and yet being advocate royal in the fame court according to the faid cultoin of the court aforefaid, for all the faid time ufed and approved, exhibucd and caufed to be exhi- bited, in the fame court of honour, the articles aforefaid in the declaration aforefaid abovcnieiitioned, as according to thecuftoni of the court aforefaid for all the time aforefaid, ufed and approv- ed he lawfully might and ought ; which faid procefs, citation and articles for the caufe abovefaid, in manner and form profecuted, JfTued and promoted, are the fame grievances whereof the faid Jiitnes Co/let, knt. above in declaring hath alledged : And this the fame Nathaniel Lloyd is ready to verify : Wherefore he prays judgment, and the writ of the faid lady the queen of confultali- on to him jn this behalf to be granted, ^c. Tho. Parker. F.O. Raymmd» And the fime "^nmes Collet, who as well, Sfff. as to the plea of Diratorrer, ^i^^ ^^^^ Nathaniel to have the writ of the lady the queen of con- fultation above pleaded, by protefting, that from time immemorial no fuch court of honour, as in the faid plea of the faid Nathaniel and in his libel aforefaid is above fpecified, was held nor hath been accuftomed to be held, nor lawfully could be held, either before the conftable of England or before the marfhal of England for the time being feparately, nor before the deputy or vicegerent, or furrogate, of either of them, as the faid Nathaniel Lloyd above hath alledged : neither hath any fuch court of honour ever beca accuftomed to be held, nor ought, nor lawfully could be held, unlofs before the conftable o( England '-ind the marf-ial of England for the time being jointly, or the deputy or vicegerent, or furro- gate of both of them, for plea fays, that the fame plea of the faid Nathaniel for a confultaiion fo as aforefaid pleaded, and the mat- ter in the lame contained, are not futficient in law to maintain him the faid Nathaniel to have fuch writ of confultaiion ; and that the faid James, who as well, ^c. to that plea in manner and form aforefaid pleaded hath no neceffiiy, nor is by the law of the land obliged, in any manner to anfwer : And this he is ready to verify : Wherefore for want of a fufficient plea of the faid Natha" niel'xn this behalf, the fame James Collet, who as well, Ha prays judgment, and that no writ of the lady the queen of con- faltation in this behalf may be granted, and ccfts, l^c. to him the fxid 'Ja7tte$ to be adjudged, l^c. L, Agor, Prohibition.' 334 Ar.d the faid Nathanltl L/oyJ fzys, that the faid pica by the Tgjjjjjgj,^ faid blathariiel Lloyd to have a confultation as aforefai'i pleaded, and the matter in the fame contained, are good and fufficient in law to maintain him the faid h'nthaniel to have fuch writ ofcon- fultalion ; And this the fame Nathaniel is ready to verify : Which fnid matter the laid James doth no; deny, nor theretoin any wife anfwer ; therefore the lame Nithawel Lloy/l prays judgment, and that to the fame Ntithonielxhe writ of the faid lady the now queen ofcorfjltaticn in this behalf by the court here may be gr r.ted, ifjc. But becaufe the court of the '"aid lady the queen new hese are nor yet adviled to give ihtir judgment of and upon tie pre- milTjs, day theretore is given to the parties aforvfdid betore the lady the queen at M'^ejiminjicr until to hear their judgment thereon, becaufe the court of die faid lady the queen now here thereof not yet, ^c. Pope againft Crofs and another. [ 335 J hi 13 JV. 3. Roll 23. K. B. BE it rememb?r'd, that on the a^^ih day of Jf/w? in this fame Sug^edion con- term comes here into court Robert Pope of, l^c by John ^ouiids^of » w tAlly his attorney, and gives the court here to underitand and rid,, be informed, that the town and hamL't ol Parfm Dro've is, and from time out of mii>d haih been, an antient tov/n and hamlet in the parifli of Lez'ringim in the county aforefaid, within which faij town and hamlet there is, and for all the time aforefaid, hath been a certain antient parochial chapel or church, called the chapel of St. "John the Bnpiift ; which faid church or parochial chapel con- tains in it not only the body of a church, but alfo a fteeple, bells, feats, a, font to baptize, a church y.iru, and ail other parochial enfigns for divine fervice there to be performed, and lacraments and facramentals there to be celebrated : AnJ v^d^ereas alfo the inhabitants of the faid town and hamlet of ?a>fon Drove for the time being, by the provifion of rhefjme tov;n and hamlet, have for time out of mind, at their proper cofts and charges, fupport- ed and maintained, and for all the time aforefaid have been ufed and accuflomed to fupport and maintain a certain minillcr or chaplain in holy or.lers in the church of Engl'ital, according to the rites and ordinances of the fame church, lo celebrate divine fervice, and the f^craments and facrcmentals in the faid paro- chial chapel or church in the town and hamlet ot Pirfri Drcve aforefaid to be celebrated, lione and pei formed, and a clerk to attend and fcrve the faid chaplain or minillcr in the ceLbration of divine fervice ; which fiid mitiifteror chiplnin of the pjroi hial chapel or church afor-faid for :dl thf tiiDC af)refai>l divine fer- vice, facramcnts and facramentals, in the faivl parochial chapel or church of (he town and hamict of P.nfon Dr ie aforcMJiid lo tliC inhabitanis of the town of I'arfort Dtove aforefti ', by himkh or his fufH.ient deputy, haih celchrarcd, nnJ lor all the tinu- afurc- O 2 fa'J 33^- Prohibitio-33:. Tald hath been ufed and accuftomed to celebrate : And wherca/ all and fingular the chaplains and minilUrs of the parochial chapel or church of the tov/n and hamlet of Purfon Drove afore- fai<] for the time being, and for all the time aforcfaid, have been uled and accuftomed yearly to go and perainbulaie in and about the liniirs, metes and bounds of the faid town and hamlet of Parfjn Drwe, in folemn proctfllon : And whereas alfo the reiflor of the church of Le-vringion aforefaid and his predecclfors, ruStors of the fame church refpctliveiy for the time being, and the inhabitants v/ithin the faid parih of Lt"jtingfon wiihout the faid town anrd hamlet of Pat/on Ehoie aforefaid, in their yearly perambulations yearly for all the time aforefaid made and ufed, never any perambulaiion within the limits and bounds of the faid town arid hamlet of Parfon Drove aforefard made, but Out of the fard town and hamlet ot Parfon Drove aforefaid, and the bounds of the fame, have gone and walked, and the faid town and haiiiict of Purpn Droi'e, and the limits and bounds of the faid town and hamlet of Purjon Drove aforefaid, out of their perambulations aforefaid have excluded, and to omit and ex dude for all the time aforefaid have been ufed and accuftomed t And whereas alfo the inhabitants of the faid town and hamlet of Parfon Drove to the church of Levrbgion aforefaid to perfornj divine fervice there, or to celebrate the facraments, or any^ facra- nientals whatever there, or to do or execute any other thing there, (except burial for the dead) at any time heretofore have not ufed to come, nor of right ought, but from the faid church oi Levrington, and the inhabitants of the parifh of Levringion, as to the premifles, (except burial aforefaid) are altogether fcparated and divided ; and the faid inhabitants of the faid town and ham- let of Parfon Drove have no feats or places to fit, nor places to be in the faid church of Levrington aforelaid, nor ever at any time paft hitherto, have had : And whereas alfo the faid inhabi- tants of the town and hamlet of Purfon Drove aforefaid from time out of mind the faid parochial chapel or church at their own proper colls and charges have repaired and maintained, and of right ought to repair and maintain; and for all the time aforefaid have been ufed, and have at their own proper coft's found and provided all and fingular the ornaments and neceflaries for the faid parochial chapel or church, and for ail the time aforefaid have been ufed and accuftomed to find and provide, without any coniribution or allowance thereto by any of the inhabitaHts in the parifh of Levrington aforefaid, or by the reftor of the faid church of Levri^'gior, made or allowed ; and by reafon of the premilTes, the faid inhabitants of the faid town and hamlet of Purfon Drove aforefaid from t)ie reparation of (he faid church of Ltvrington aforelaid, and from all impofiiions and taxes con- cerning the church of Ltvrtpgton aforelaid, have been ire^ and acquitted for all the time aforefaid always hitherto, as of right [ 33^ ] they ought: And whereas all the inhabitants of the faid tov/a and hamlet of Par/in Dnvc, every year for all the tim? afore- faid Prohibition. 33^ ■{a\i two cliurch-wardens of the parochial chapel, Or their churcK of Par/on Drove, from the inhabitants of the faid town and .hamlet of Purfon Druririgron aforefaid have hitherto ufed to be in nothing fubjeft or attendant, but have always hitherto been clear and free from them, and •/from all tlieir taxations and prefentnients : And v/hereas alfo the -Irial and determination of the caufe aforefaid i^ a matter triable .at the common law, and ought not to be tried or determined in sny manner by the laws or cenfures ecelefiaftical, nor Irom 4ime out -of mind hath been accullomed to be: Neverthelefs "'^ohn.C'ofs and M^iUiam Thacker, now or Ute church-wardens of I.e'vr'r, gton aforefaid. knowing all and fmgular the premiifes to be iruf, contriving and intending the inhabitants of the faid .town and hamlet ot Parfon Dro-je to load v.'ith illegal charges, taxes and impofitions, againft the law of the land of this king- <5om of England, and to violate and fubvert the laudable cufloujs aforefaid hitherto inviolably obierved, the faid Roheit Pope, an inhabitant within the faid town and hanikt of Parfon Droz^e, and not elfewhere, at the time in the libel hereafter mentioned, or at any tinje then pafi, or at any time after hitherto, and not having any lands, tenements or pofTefTions in the parifh of Levringlon aforefaid, out of the town and hamlet of Pat/on Drove afordaid, whereby the faid Rbsrl Pope with the payment or contribution of a certain futti of money to the repairs of the church of /-ei'- fington lawfully or legally ought or could be charged to p:4y any rates, portions or iums of money, on hiiri by the faid ''^ahn Crofs and 14''. 1 . then or late wardens as aforefaid of the faid church of /.. aforefaid, and the parifHipners ot the faid parifh of L. then prcfent, and the reftor of the faiJ parifli of L. to the repairs of the church of /,. aforefaid the faid R. Py/itf have un- jullly taxed and impofed, and to pay hay^ caufed, or at ieaft endeavoured j and for the non-payment thereof the fame 'J. Crofs and li^. T have profecutcd the faid R. Pope in the court chriflian, before IF. Cooke, doctor of laws, of the reverend ■*>/- rion, by divine prrmiffion lord bllinp of Ely, vicar general in fpiriiuals, pnd rffiiil principal lav;fully conftituted, or his fur- i"i)gate, or other judge jn that b'^rhalf competent, againfl the law and cufloms aforefaid, cautioufly and (ubriily libelling againft the faid R. Pope, by the name of R. P pe of Lcurinpton P.nfon Dro've, conimonly called Parfon Droie, among other things* that in the months of March A. M. J. J. A. S. O. N. D. J. F. and M. happening rcfpcdivcly in the years 1697, 1698, and 1699 now current, and of thofe ujonths and years every more than one or feme, the parocliial church of /- aforefaid was P 3 broken a'l6l Prohibition. broken and ruinous, and had and hath lundry defers and decays, and did and doth want reparation, rebuilding, and neceflary provifion to be made ; and by reafon and occafion of the pre- miflls, the taxation and contribution ot the parifliioiicrs, inha- bitants and others, lamls, meadows, leneuicnts and other things taxable v:\l\^An the pa.r\{h ci Le-jrirgtori and I ezjringtjn Parjoii Dro've relpefllvely having, occupying and pofl".ning, hath been, was and is neceflary. Item, that the hamlet ot L. fntfon Drcve was and is within the pariili, limifs and prccinfli of Z-. afortfaid, and was and is within the parifa ct L. aforefaid j and the church of L. aforefaid was the mother church of the lame, and liie chapel commonly called the chapel of St. John the B/iptijl there, and the faid chapel of St. John the Baptijl aforefaid in Purjon Drove afore- faid, was and is a chapel of eafe to the articulate mother church of I. aforel^ai-j ; fo that 20th day of the month oi Af>ril 1699, af- ter lawful and fufficient notice and intimation to all and fmgulcr having or preteni-'insj to have inttreft in that behalf, openly and publickly in and about the parochial church cf £. aforefaid, on Sunday, to wit, i6th day of yi/r//, acconling to the accuftomed places, while the greater part of the people were there prcCent, made and publillied for a parifli meeting at 10 of the clock iTi the morning of the 20th day of /^/r// aforefaid in the town-hall \t\ L. aforefaid ; he propounds nevcrthelefs of any other time, day, hour ard place, in the faid monition, notice or intimation aforefaid, the parifliioners did meet and conlf itute a rate or tax towards the reparation of the ruins, defeds and decays of the faid parochial church cf L. aforefaid, in all neccmries for the fame by the faid church-wardens, with the confent of the major and better part of the inhabitants and parifliioners of F. afore- faid then and there prefent,6u.iii the pound upon lands in P. and Ltnjrh'gton Par [on Dio^je aforefaid, rightfully and lawfully, and according to the cuftom of the parifli aforefaid, the bell being tolled at or about the hours of 9 or 10 of the clock to give the parifliiontrs, and all concerned, fair and legal notice of the time and pldce of meeting, hath been and was made and conflituted ; v^herein you the faid A'. Pope was taxc,^ laid and rated the fum of 2/. of good and lawful money, for, y^. more or leis relpcftive- I 337 ] ly by you occupied and polulTed within the hamlet of Levrirg- ton Paifon Drove aforefaid, within the pariHi, precincts and rateable places of £,. aforefaid, in the months and years libellate and articulate, or of them every more than one or loma towards the faid repairs, as by the declaration or libe! aforefaid in the faid court chriftian before the faid judge fpiritual, againft the faid R. Pops as aforefaid exhibited, among other things, more fully ap- pears ; Ant! although the faid R. P. tS\ and fingular the premilTes in the faid court chriftian before the faid judge fpiritual hath al- ledged, and the fame with inevitable truth and teftimony hath offtred to prove : Nevertbelefs the faid judge fpiritual the faid plea, allegation and proof, hath abfolutely refufcd to admit or receive j and the faid Johrt Crojs and 11^. 'T. the fnnie R. Pope in the faid court chriftian of and upon the premifFes 10 caufe to be Prohibition. 'SS^ fee condemned, and wrongfully to be compelled to pay the feveral fums of money in the libel aforefaid above fpecified, by the defi- nitive fentence of the faid court chriltian, with all their might endeavour and daily contrive, in contempt of the faid lord the now king, and to; the manifeft damage, prejudice and im- poverifhment of him the faid R. Pope, againft the law and ciif- toms aforefaid : And this the fame R. Pope is ready to verify : Wherefore the faid R. Pope mod humbly imploring the aid and afhftance of the court of the faid lord the king prays remedy, and the writ of the lord the now king of prohibition to be directed to ihe faid judge fpiritual, to prohibit him that he may not farther hold before him the plea aforefaid in any manner touching the preniiffes : And it is granted him. England, towit.T>E it rcmember'd, that en day next ^^^''fJ^^lJ,-,'!/;;'" JP after (the firft dav of the term) in this foP,-,andalous fame term before the lady the queen at IVejlmir.Jier comes Eliza- wcrds of a per- beth Adams by John Allen her attorney, and gives the court of the fen in holy cr- lady the queen now here to iinderlland and be informed, that ^<^f=' whereas the Engli/h words fcUov/ing arc v/ords of heat and paffion only, without any malice or intention to defame G. Sutler, clerk, hereafter mentioned, in his perfon or fundion, and not fo grievous, dangerous or fcandalous, for the ipeaking or publifhing whereof any aftion, citation or profecuticn, in any court chriftian by the law of the land of this kingdom oi England ought, hath been ufed or accuftomed to be had or maintained : And v/hercas alfo all and all manner of pleas, or adions of tref- pafs on the cafe, arifing and happening within this kingdom of England, to the lady the now queen and hcrioyal crown, and to the temporal courts of the faid lady the queen, and not to the court chriftian, according to the law and cuftcm of the kingdom of England do hdong and appertain: Nevenhelcfs one George Butler, clerk, reflor of the parochial church of IJchboroiv in the county and archdeanery of Nortli'ton and diocefe oi Petcrl>oroug/iy well knowirg the premifles, but contriving her the faid Eliza- beth vv^rongfuHy to aggrieve and opprefs, the faid Elizabeth be- ing likewife an inhabitant v/ithin the parlfti aforefaid, to ano- ther proof in the court chriftian before the venerable man /?. Reynolds, doflor of lav/s, of the reverend father in Chrift Richardy by divine permifiion lord bifhop of the borough of St. Ptter, othcrwife Peterborough, vicar in fpiritnals, official general, or his furrogate, againft the due form of the law of this kingdoin of England, and agair)ft the cuftom afortfaid, for a certain caufe of a fuppofeJ contempt, fcandal and difgrace of ihL* faid Gfo'/if Butler, hath wrongfully drawn in plea to anfwer to certai/i articles by the faid George in the fame court chriftian againft her the faid Elizabeth in the preinifles exhibited and promoted, and cautioufly and fubtilly there articulating and objcding, that the faid Elizabeth in the months of September, Ottoher, No'vein- her, Decanber, January, Eebruary, L"V- laft paft, or in one of po 4 ihofc 537: t 338 I Prohibition. tViofe monflis, within the faid parifh of £jV/i^oroxo aforefaid, and other publick places to the fame near, contiguous and aiijoining, the faid deorge ButUr of or with \.\\i within written not defamed but being in good repniation, did wickedly, fdfly and malicioufly defame, ani.1 fome infamous, fcandalous, opprobrious and defa- matory words, founding and tending to the infamy, hurt, black- ening and diniinu'ion ot the eitate, good name and reputation of the laid George Butler, and eipeciaily thefe Englijh words, or others importing the fame fenle and efttft, to wit, fpeaking to the faid George Biii/er, You are a rogue and arafcal, with many other defamatory v.ord's, openly, publickly, and out of rage, hatred or envy, and with an intent to defame him, againfl good manners an'! the bcnii of charity, often, or at leaft once, and before credible witncfles fpoke, afferted, pronounced and pub- liflied ; and the faid George her the faid fJiznheth in the faid court chriftian before the faid judge fpiritual' of and upon the premifTcs to appear hath v^rongfully obliged, and the fame Etizd- beth thereupon there to a-nfwer, and in ifie premiffes to caufe to be condemned with all his m'ghi endeavours and daily contrives, in contempt of the faid lady the now queen, and againft the law and cuftom of this realm ot England, to the maniteft dimage, prejudice and grievance of her the faid Elizabeth: And this (he is ready to verify : Wherefore the faid Elizabeth mofl; humbly imploring the aid of the court of the faid lady the queen now here prays remedy, and the writ ot the faid lady the queen of prohibition to the faid judge fpiritual of the faid court chriflian, or other judge in this behalt competent whatever, in form of law to be directed, to prohibit him that he may not farther hold be- fore him the plea aforefaid in any wife touching the premifFcS aforefaid : And to her it is granted, tV. Sug^eftion for a prol ib"ui "f and beloved George T>eby, knt. his chief juftice of the bench, greeting: Whereas in the record and proceedings, and alfo in the rendition of the judginenr of a plea which was in our court before you and your companions, our juftices of the bench, by our writ between us and Thumas Priory gent, and Thomas Dandyp clerk, for that the fame T^h'oui and 'r/^ow/jy -unjuftly hinder'd u$ from prefenting a proper perfon to the church oi Shaivell in the CQuniy ct Leicejler, which is vacant and belongs to our donation, as it is kid, a manifeft error hath happened, to the great damage of them the faid 7//otnas and Thomas, as by their complaint we have unccrfcood : We wi!iing the error, if any hath been, fliouKi be duly corrected, and full and fpeedy juftice done to the faid T. and T. in this behalf, command you, that if judgment therein be given, then the record and proceedings atorelaid, witli all things touching them to us unJer your fcal, you diltindTtly and openly fend, and this writ, fo that we may have rhtm from the day of whereloever we fhall then be ia England, that the record and proceedings aforefaid being infpccl- ed, v.-e may farther caufe to be done therein to correct that error, what of right and according to the lav/ and cuftom of our king- dom of England Hiall be to be done. Witnefs Thomas arch- h:i\\o^ o^ Canterbury, and the Other keepers and.juftices of the kingdom at IVejlminJier iith day o'l M,iy in the 8th year of our rtijin. The anfvcer of George Trcby, hnt. the chief jujlict ivithin named : The record and proceedings of the plea, whereof mention i? .j-j^^ letariC within made, v/ith all things touching them before the lord the king 339t Oiiare Impedit. king wherefocvcr, ^r. at the day within contained, I fenJ in 51 ctr:ain record 10 this writ annexed, as 1 am within coniinanded. Get Treby. The tranfcjipt. Tiers irrolle^ tff \NtG.m'\n([€r l/tfore George Treby, /?»;/. and his eomt-nniois, juftices of the lord the kin^r of the bench of Hillary term in ihe "^th year of the reign of the lard VJ XWaxw the thirds iy the grttce of Cod of M'^ii^^'^'i^, Scotland, France /zr; J Ireland kiigy defe't'da oj the faith, &c._ Roll lyzo." Cnunt,thatC 4. /"^Thervvife, as jt appears in ////An-ji term in the 6th year of was iciitd of v.^ ^^^ rcign of the lord the now king. Roll 1732, it is con- theaivcwfon tauieAlto,£s°f. for the fame lord the king is ready to verify 'A'here und when, and as the court here will confider ; and the faid T. D. likewife ; Therefore lo try as we'l the iflue aforefaid bt tween the fame lord the king f ^42 1 ^"'^ thefaiii T. D. above joined, as the faid ifiue between the _ fame lord the king and the laid T. P. above joined, btcauf^; the The iiTues fent trial and cognifance of thofe ifTues bclrngs to the ecckfiaftical to thcbifiiopof court, and ought to be tried there, and trom thence certified to *J^'^^^'^;°'=*'^ '^ '^'^ juftices here ; therefore the reverend father in Chrift Jr/wfr bifliop of Lincoln, the ordinary of that place, is commanded, that the parties in this behalf proper ro be called being called before him, he diligently inquire concerning the truth of the faft on the premiffes, and what he iliall find thereon caufe to be certified to che juftices here from the day of Enjier in 1 5 days by his letters patent and clofe : The fame day is given as well to the faid at- lorney genera!, who, l^c. as to the faid T. P and T. D. here, i^c. And now h< re on this dav, to wit, the faid 15th day of Eajler., come as well the faid T. T. knt. attorney general of the faid now lord the king, who, l£c. as the faid T. P. in his proper perfon, and the faid T. D. by T. P. his attorney aforefaid ; and the faid The biftop's James hlihop of Lincoln, by his letters patent and clofe hath cer- «criificatc. tified to thejullices here, that he, by virtue of the writ aforefaid to him directed, the regifters and other memorandums of him and his prtdecelFors, late billiops o( Lincoln, b?ing fearched, and all other matters in the fame writ fpecified belonging to his paf- toral office in that behalf being rightly and duly cbferved, accord- ing to the order of the ecclcfiaftical law, and alfo the parties in that behalf proper to be called, hath made diligent inquiry con- cerning the t)uih of the h&. of and upon the iflues in the fame writ mentioned, whereby he ha:h plainly and evidently per- ceived and found by lawful proof and ether things in this behalf requifite, and the fame bifhop to the juftices here hath certified, that the faid J. P. on the 30th dav of Noi'tn^itr 1671, at B. in the county of H. within the diocefe of Lincoln, by William late biihop of the fame diocefe, on the prcfentation oi the lord Charles the ficond, late king of F.nglun^, in the faid church of S. was admitted and irftiiuted : Therefore it isconfiuered, that the faid Juflgment. lord the now king "' ^^'f 2' fecond, by rcafon of his royal prerogative annexed to his crown ^'*^*'^'' vlnr,d, to pre- f" 1 prffruied fent a prop'.r pcrf n to the vicarage a!orcl-id fo being vacant ; '•'•''• """»' whrrctore the laid late king C/i'irtti the lUxiiJ, by rculou of hh f^''^'"*** Vol. I. r p ro}^l Writ 342 1 Oiiare Impedlt. foyal prerogative aforefalci, to the vicnrage aforefaid fo being va-- cant prefi^nteil 1 Inmas'Tsnifov, profefTor of liivinity, his ckrk, wha r ,, 1 on the fuiie prefentaiion ot the f.iid late king was admitted, inlti- '• -''^■^ tilted and inciiiho, 1:3c for the fame Icrd and lady the king * and queen is ready to v rify, y<:. ^^ , , And the faid //fWij b'ilrtp c^ Lcr.don and JV. Lav.cnjterh'f ■'' ' A. B. their attorney come and defend the force and injury, ^r, and prav ^yr of ttip writ aforefaid,- and to them it h read in thefe words, 'to wi', fFiUicim and Ma:y by the grace of God 0^ Eng- Innd, F,(o:l'tr.tl, Fr^irre ^r\d frehnrl king s.ni\ queen defenders of the'faith, ^"c. To (he flieriffs of Louden, greeting: Command Ikn-y biHiop of London, and TV. Lancnfier profeflbr of divinity, that they jutllv and without delay permit us toprefcnta proper pcrfon to the vicarage of the church of St. Martin in the FieldSf which is vacant and belongs to our donation, and whereof the faid biiliop and IViUiam have unjuftly hindered us, as it is faid ; and unlefs they fiialldo it, fummon by good fummoners the faid b-Hiopand IVillium, that they be before us from the day of St. Michael In three weeks to (lie w why they have not done it ; and have there the fummoners, and this writ. Witncfs ourfelves at ii't/Jminfler 26'h >1ay o^. September iii the fourth year of our reign. Cerfnr: Which bting read and heard, ihey the faid bifiiop and /r/ZZ/V/w prav judgnjent of the Writ and declarat'on aforefaid, be- cause they hy, tliat between th6 writ and count aforefaid there iS ar,c4 be- ^ ^ niaferi-d variance, in this to wit, that where by the writ at'ore- faid the faid Inrd and lady the king and queen intitle thetnfelves to the r.onalion of the faid vicarage of the church of St. M.irtinin the fi(dds in full right, yet by the count aforefaid the fame lord and ia'.iy the ki'ig and queen intirle themselves fo the donation of the fiune vicardgc, bv reafon of their prerogative royal annexed to their crown of Er^land ; wherefore for the variance aforefaid between the writ an^t count aforefaid, the fame billiop and IVil- liam p'ay judgment of the writ and count aforefaid, and that the faid writ may bt qutiflied, ^c. Fr. P eivhet ton. CreJ'uell Lt~inz. hariliQ. Sh:ii.ier. And A- twcen the \vr t and couuc. Quare Impcdif. 34j And ihe faid attorney general of the faid lord and l.zdy the T.o-Jr Ujnxarrer king and queen, v.ho for the fame lord and lady the now king and queen prolecutes, for the fame lord and lady the king and queen fays, that the faid plea of the faid Henry bin^op of Lond:n and IVilli.im Lancafier tor qiialLing the writ afcrcfaid above pleaded, and the matter in the fame contained, are not fufficient in law to qurilli the v;rit aforefaid ; and that he the fame attorney- general, who, l^c. for the fame lord and lady the king and queen to that plea in manner and form aforefaid pleaded hath no ne- ceflity, nor is by the law of the land obliged to anfv/er : And this the fame attorney general, IsSc. for the fame lord and lady ths king and queen is ready to verify : Wherefore for want of a fuf- ficient anfwer of them the faid bifliop and William in this behalf, the fame attorney general, l^c. for the fame lord and lady the king and queen prays judgment, and that the writ aforefaid may Ve adjudged good ; And a writ to the billiop, y*:. Edivard IVardj 7ho.TreK.'or, * - And the faid Hen^y bifliop of London and JVilliam Lnnctijltr JoJndcri fav, that the plea of them the faid Henry billiop of London and IFilliam Lancafter for quaihing the writ aforefaid above pleaded, and the matter in the fame contained, are good and fuf- ficient in law to quafli the writ aforefaid : wherefore becaufe the faid attorney general of the faid ^ord and bdy the king and queen to that plea doth not anfwer, nor in any wife deny it, th^ fame Henry biilaop of London and William Lancajler as before pray judgment of the writ and count aforefaid, and that the faid writ may be quafhed, trV. But becaufe, l^c. Ihe King againft ihe Archbijhop of York and [ ^^^ j Sowton. Q Harlt! the fecond, by the grace of God of England, Scotland, Wilt of ermr- Ftance and Ltland king, defender of the faith, l^c. to our P;irl. Rep- -JTSy juftices alfigned to take affUes in the count v of Tork, greeting? : '=+" Whereas in the record and proceedings of a certain plea whidi ^ ^'^^' *^* was in our court before Francis Korth, knt. our chief juuice of the bench, and his companions our juftices of the bencjj, by our writ between us and Richard archbi/hop of Toth, and Stephen So'wicn, citrk, for this, that the fame archbifhop and Stephen ilio'.itd permit us to prefent a proper perfon to the church of Foiilton, oiherwKe FoTc/e/lon, in the county of Ttjr/', which was Vacant and belonged to our donation, as it was faid, and alfo itx the rendition of the judgmcrt of the fame plea before you at the tlTifes hehl at the calUe of Tutk in the couniy a .ncfaid, by our writ of ,\',/i irius, according to the form ff the flatute ihcreof made and provided, n maritcll error hath happened, to the great « amage of I hem llie faid archbifhop and Stephen, u% by their coni- plair.i wc have unde.'ilood ; Wc v.-i^ling tlic error, if atjy hath bceu. 544 Qjiarc Tmpcdif. Been, flioulJ be duly correded, and full and fpeedy juftice done to the faid archbifliop and Step/ien in this behalt, coiiiinand you, that if judgment l>rtore you at the afllfes iforefaid be given, then ihe record and proceedings of the plea aforcfaid, with all things touching them, to us under your feals you diflinftly and openly fend, and this writ, fo that he may have ihein from the day of St. Mic'.ail in three weeks wherefocver we fliall then be in Englaml, that the record and proceedings aforcfaid being in- fperted, we may farther caule to be done therein what of right and according to the laiv and cuilom of our kingdom of En^ilanfl iliall be to be done. Wimefs ourfelf at Wejlmirijier 25lh day of "July in the 34th year of our reign. Price. By Roheft Saioyer, knt. attorney general of the lord the king. ^he anfiver o/Thomas Jones, knt. one of the jufticfs nf thelord the iiiig, njjtgnefl to hold phns before the king himftlf, <7>ii/ Edward Atkyns, knt. one of the b.irons of the exchequer of the faid Lrd the king, jujliies of the f aid lord the king of ^Jftfe nxiithih men^ iioned : The record and proceedings cf the plea, whereof mention U within made, with all things touching them, before the lord the kin;; whercfoever, CJ'c. on the day within contained, we fend in a certain record to this writ annexed, as we are within com- manded ^ ^Tho. fones, Ediu, Atkjns. Pleas fit Weflminfter before Francis North, Int. and his cotnpani- om, jujlices of the hrd the king of the bench of Trinity term in th; 'i^'i^d year of the reign of the lord Charles the fecond^ by the graceofGodof^n^zwdy Scotland, France and Ireland kitig^ defender of the faith, &C. Roll 1842. o ^Therwife, as it appears in Hillary term laft pad. Roll 395, _ it is contained thus, to wit, York, to wit, Richard archbifliop of 3^or/f, and Stephen Sovcton, clerk, were (ummoned to anfwer 10 the lord the now kmg in a plea, that they may permit the faij lord the king to prefent a proper perfon to the church of Foulton, otherwife FjivUflon, which is vacant and belongs to his donation, 3 Lev. 16, ^-^ ,^1^^ whereon C. Le^itiz, knt. attorney general of the faid lord (he king, who for the fame lord the king in this b.-half pro- fecutcs, for the fame lord the king fays, ^c. \unto] On which (\zv here comes as well the faid C. Leviuz attorney general of >h« fiid lord the king, who, ^c. in his proper perfon, as the faid Siephe^ bv his attorney aforefaid ; and hereupon the faid plea of the fiid Stephen above for quafliin? the writ aforeia'd above pleaded being feen, and by the juilices here more fuUy under- ftood, itfeemsto the fame juftices here, that the matter by the fame Ouare Tmpedit J 344 fame lord tlie king in his writ aforefaid alledged is fufficient In Jdw to mninuin his writ atorefaid, anyjiiatter by the faiJ Stephen above aliedged norwithftanding : Therefore it is confidered, that Rifponi' the laid Siep/ien do anfwer the faid lord uie king to his writ and Oujiir. count afjrsfaid, ifc. And hereupon the faid Stephen as before deft;'nds the force and Parfoaimpar^ injurv when, ^f. and fays, that he is pr.rfon ofihe church of f'">'=c» Toiv^'o'i, Othcrwife r lerwards at FozlLok, otherwife Foxvlelhn aforefxi,!, bv his wri;ing ^- "^ v'hoil- aforefaid granted and afhgned to the fai l IV. Swphens ail his right, ip\ bv wlioiti cftate, title and inrereft a'orefaid, which he then had of and in the ^x^^ .iefendar.t advowfon aforefaid, by vir'ue whereof the lame IV. Stephens was was prcfcated. of the advowfon of that church for the fiM firfl and next avoid- ance of the fame poiT fTed j and that he the faid IV. Sttph'rts be- ing fo thereof poflcfTed, the ch arch aforefaid became void by the death of the faid IV. De'iity the lafl incuiTjb?nt in manner and form as in the declaration aforefiid for the faid lord the now kin? i* above fuppofcd : But the faid Stephen fanhtr fays, that the fai.i IV. Stephem of the a-ivowfon aforcl-id in form aforefaid being pof- feffcd, to the church aforefaid, fo as af)refaid b-'ing vacant, fpontancoufly, lawfully, fitiiply and abfilutelv pref.nted the (aid Stephen his clerk, as he well iirght ; who on the prefentation of Iiiiii the faid IV. Stephens was a(1mi:ted, inllituted and ind.ufled, into the fauie in the time of pe^ce in the time of the faid ior.l the now king, and nov/ is pirfon in>par!"onee in the fame church on that prefentation: v;itliout that, that it was ftmonincilly and Traverfe of tlie corruptly agreed betweeti the faid Stephen and the faid/^«re Ste- ^°°^* fhtns in manerand form as by the declaration aforefaid for the faid lord ihc now king is above fuppo'.cd : And this he is ready to verify : Wherefore he prays judgment if the faid lord the nosy king will or ouglit to trouble or iinptach h'ni by reafon of the prem'fTcS, ^f. . Q^tl AnJ IfTue on the travcrfe. Fw.Vtf awarded 245 Ouare Tmpedit. And tlie fam': attorney general, &c. for the faid lord the kir^r as before favs, that ihe church aforcfa'ui being vacant, it was fimoniacally ani corrup'Iy agreed between the faid Stephen and the laid A. ^ttpher.s as by the declaration aforefaid for (he faid lord the king is above fuppofed : Anci this for ihe fame lord rhe king he p^ays may be inquired of by the ccuniry : And the faid Stephen likewife : Thcrcio're the flicrlfF is con)manded, that he csufe to come here from the (lay of the Holy Itir.tty in 3 wttks 12, ^c. by whom Ifc and who neiihtr, l^c. 10 recognize, l^c. becaufe as well, l^c. On v;hich day the jury between th<; faid lord the now king and the laid S. Soitton ii) the plea aforefnid vas re1pi[ed*between them here until this dav, to wit, from the davof5/. Mtchful'm three weeks then next following, unlefs the juflices of the lord the king, afligned to tjtke -.ilfif s in the county aforefaid, by the form of the ilatute, If^c. flxudd ^r\\ come on IVe.inefluy 13th day oijuly Infl pafl at the caille of I'crk in the county atoreiyid : And now h. re on this day comes as well the fail! R. Sawyer, attorney general of the faid lord the king, who, i^c. in his proper perfon, as the (aid Stephen by his attorney aforefaid: And the faid jufiices of aflife before, ^c. have fent The poftea, here their record in thefe words : Afterwards the d:4y and place within .contained ht^or^ IVi/Hnm DoU en, knr. one of the jyllices of the lord the king, afligned to hold pleas before the king hiin- fc\\, and IV. Gregory, knt. one of the b?.ronsofthe lixchtqucr of the faid lord the king, ji.fticcs of the faid lord the king, afiigned in rr.ke r fllfes in the county of 7'o>k; by the form of the ftaiuie, cff. comes as well the within n-.nitd. /?. SaTxytr, km. attorney gerieral of the lord the king in his proper perlon, who for the fame lord the k'ng in this behalf protecutes, as the within written •J. Soii'ton by his attorney within contained: A^d ■ hereupon puhlick proclamation being mac^e here in court, l^c. and the jurors of that jury being called likewite come ; and upon ihis the faid Srepheti challenges the array of the panel within written, be- caufe he fays, that the town of Fozi/ion, olherwiic Fo'u.lejhn, from which neighbourhood the jurors aforerai(i wtre returned, lies, is, and at the time of arraynient of the panel gfoiefaid was fifuate and lying within the hundred or wapentnge of Diekivg\n the county aforefaid ; And farther fays, that no lour of the jurors of the faiit panel have ary thing within the hundred or wape.niage of D clir.g aforefaid, nor did at the tune of the arravn)ent of the panel aforetaid dwell in the fame hundred or wapeniage : And this he is ready to verify : \A, herefcre he prays judgment, and ihat the panel aforefaid may be qnafhed. ^r. Derautrcr. , And the faid ./?. ^/vii^n", who, ^r. fays, that the faid chal- lenge of the faid Stephen to the array of the panel aforefaid by hini the faid Stephen above alKdged is not fufiicicnt in law to quafh the array of that panel, and that he to that challenge in manner and form alnive alledged ha